Extracts From the Records of the Burgh of Edinburgh, 1573-1589. Originally published by Scottish Burgh Records Society, Edinburgh, 1882.
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My lord provest and a pairt of the counsall ordanis the cofferis and guids of Monsieur de Fontaine, Fraincheman, arreistet be the bailyeis as suspect to contene papist buikis, to be delyuerit to the said Monsieur inrespect of the charge gevin be the Kings grace to that effect.
The provest, bailyeis, counsall, awld and new, with the haill deykins of crafts, being convenit for electioun of the provest, bailyeis, dene of gild and thesaurer, furth of the lytes thairof, conform to the ordour, comperit maister George Young, seruitour to the Kingis Maiestie, and producet ane missive lettre direct to the provest, bailyies, counsall, deykins, and vthers haiffand vote in the said electioun, off the quhilk the tenour followes: Trest freynds, we greitt yow weill. The vndewtifull behaviour and meaning of swa mony of the inhabitants of our burgh of Edinburgh, sinisterlie affectit, geving ws guid experience quhat is to haif gude magestrats in office, we can nocht weill owersie on this your solemne tyme of thair electioun to present vnto yow be our recommendatioun sic persouns to beir chairge in the said burgh for this nixt yeir as be thair former service hes gevin ws gude occasioun to consaue weill of thair affectioun to the furthsetting of our authoritie and the obedience of our lawes. We meane our richt trest cousing and counsallour, James erle of Arrane, oure chancellare, and burges of our said burgh, to be your provest, with power to him to depute vnder him sic as he sall ansuer for to attend vpoun the office in his absence; Henry Nesbet, James Nicoll, William Nesbet, and William Harvie to be bailyeis; Nicoll Vddert to be your dene of gild, and James Ros to continew thesaurer. All quhilks it is our will and we desyre yow earnestlie to cheise immediatlie to the saidis offices, als weill for satisfactioun of our mynde and lyking as for thair knawin dispositioun to the obedience of our lawes and ordinances, quhairof we maist esteme in publict offices, and thair particulare affectioun to the weill of our said burgh and euerie inhabitant thairof that can content him to leve simplie as becumes a subiect of his calling. In quhilk respectis, trusting to find our desyre effectuall, we will remit forther credite to the bearer; and committ yow to God. Frome Halyruidhous this fyft of October 1584. Subscribitur: James R. The credite of the said berer beand hard, quhilk wes conforme to the said lettre, and the said provest, bailyeis, counsall and deykins being avysit with the said lettre, votet and agreit to obey and fulfill the sam, and thairfore alteritt and correctit thair former lytes in maner following, to witt, off the lyttes of the provest, in place of Henry Nesbet imputt James erle of Arrane; in the lyttes of the bailyeis, in place of Jhonn Lowry imputt James Nicoll; and in place of Jhonn Mayne put Henry Nesbet; in the lytes of the dene of gild, in place of maister Jhonn Prestoun imputt Nicoll Vddert. And swa, procedand to the said electioun, be thair votes for the maist pairt, electit thir persouns, to witt, the said James erle of Arrane, chancellare, in provest; the saidis Henry Nesbet, James Nicoll, William Nesbet and William Harvie to be bailyies; Nicoll Vddert, dene of gild; and James Ros, thesaurer. And the said nobill lord thairafter comperand acceptit the said office vpoun him and gaif his ayth in the forme vset thairto. Siclyke the said Henry Nesbet, William Nesbet, William Harvie and James Ros acceptit thair offices and gaif thair aythis as vse is.
[The bailies, council, and deacons of crafts elected three persons to be bailies of the town of Leyth. Also "chuse maister Jhonn Scherp, maister Jhonn Prestoun, maister Henry Balfour, and maister Alexander King, assessouris to the guid toun;" and elected "Jhonn Watt, smyth, and James Merchell, merchant, collectouris for the yeir to cum of the vnlawes, vpsetts, and owlklie penneis."]
Ordanis Alexander Clark of Balbirnie, awld provest, [and six others,] to convene on Sonday nixt at efternone, after the sermoun, in the counsalhous, thair to consult and devyse for pairting and devyding of the town in four seuerall parochins and assigning of a competent kirk to euerie parochein, for guid ordour, disciplyne, and pollicie to be had in the kirk; and siclyke to propone to my lord provest that the town may gett the gift of the Trinitie College,
Ordanis the collectouris to gif to Jhonn Phillope, sone to Alexander Phillop, infectet with leprosie, threttie penneis owlklie for his sustentatioun and contening of him fra the Hiegaitt and kirk; and gif his father suffer him to repair in the said places, the said dewtie to be tane away and he to be pvnist thairfor.
For proponing of all maters in counsall and putting thame to a poynt, collecting of the woits, putting of the directiouns and ordinances to executioun and keping ane guid ordour that confusioun may be avoydet, it is thocht expedient and ordanet be the said bailyeis and counsall that ane of the said bailyeis sall be moderatour his tyme about, quhilk tyme sall endure for ane moneth togidder, and to begyn at Henrie Nesbet as the oldest bailyie to be moderatour presentlie and to continew the said space.
For establissing ane guid ordour and pollicie within the kirk and executioun of the disciplyne thairof, hes agreitt and condiscendet to the heids sett down be the persouns nominat to that effect in maner following, to witt, the haill towne to be deuydet in foure parochins according to thair quarters as thai presentlie stand, and euerie parochein to haif thair paroche kirk, according to thair quantitie, the grittest parochein to the grittest kirk, viz., St. Geillis Kirk for the sowthwest quarter; the Magdalein Chaipell for the sowth eist within the ports, the New Kirk for the north west, and the Trinitie College for the north eist and the Cannogaitt heid without the port, and to this effect the said College to be incloset within the town and ane yett to be strikkin furth in the town wall at the fute of Halkerstouns Wynd to serue for a passage to the said kirk. Attour, euerie ane of thir paroche kirkis to haif thair awin particulare reidare, and euery parochiner to cum to the prayers, communioun, repentance, baptisme, and mariage in his awin paroche kirk. And, last, the provest, bailyies, counsall and deykins, with avyse of the ministers, to elect furth of euerie parochein thre elders and four deaconis, quha sall convene all togidder ilk Thurisday, with twa bailyeis and four of the counsall of the town, to tak ordour with the effairis belanging to thair charge, to witt, the correctioun of the maners and support of the puir. And the names of the said eldares and deaconis to be gevin to the ministers and intimat be thame to the pepill, that gif any personis haif to say aganes the saidis persouns may compeir, and his complaynt beand fund of trewth and resonabill ane vther to be electit in place of that eldare or deacon. And ordanis the haill deykins of crafts to be warnet agane Fryday nixt to gif thair consent to the present ordour.
[The provost, bailies, and council] being convenet, agreit and gait thair commissioun to the bailyeis, thesaurer, William Fairlie, Jhonn Bannatyne, to confer with maister Michaell Cranstoun and to appoynt with him the tyme and place of the pruif of his doctrine; and siclyke, to confer with maister Patrik Kenlwie, minister of Lynlythqw, that he may teache ane certane space in this pulpett to se that he be weill interteneit, and to agrie for his chairges and expenssis induring his remaning heir. and promesis to hald ferme and stabill all things done be thame heirinto Als the maist pairt of the remanent deykins of crafts being present consentet and agreit heirto.
Fynds Gilbert Quhyte, tailyeour, to haif commettet disobedience … and thairfore ordanis and decernes the said Gilbert for his vnlaw to by and lay in to the hospital sex laid of coillis to be delyuerit to the maisteris thairof.
The foresaids bailyeis and counsall and deykins of crafts, for the maist pairt, fyndes it expedient that in tyme cuming the elderis and deaconis of the kirk sall with avyse of the ministeris be electet and chosin be the provest, bailyeis, counsall and deakins of craftis, conform to the act maid thairvpoun on Wednisday last; quhilk act and haill contents thairof thai ratefie and approve in all poyntes.
Ordanis the collectouris of the vnlawis, vpsetts, and owlklie penneis, for the sustentatioun and keping of Jonet Merchell, dochter to Robert Merchell, cordiner, puir and neidy and presentlie vexet in her spreitt with desperatioun of hir saluatioun, to deburse and gif the sowm of twa schillings daylie induring the counsallis will.
Ordanis James Ros, thesaurer, to tak the awld brokin irn chymnay in the over counsall hous and ather barter the sam with ane new irn chymnay or ellis to caus put ane new chymnay in place thairof to be maid and suppleyet with the irne thairof.
Fynds Jhonn Forester, officer, to haif offendet, circumvenit and dissavet the toun, beand commandet be the bailyeis to putt Bartie Ochultrie, seruand to Andro Lyndsay, javellour, in the irnes and to delyuer the keyis thairof, quha brocht and gaif the wrang key; and thairfore ordanis the said Jhonn to be putt in the said irnes for his offence, thair to remayne quhill the nixt counsall day. Siclyke, ordanis [blank], boy to the javellour, to be putt in the said irnes or coilhous for participatioun of the said fraude.
Ordanis Jhonn Watt, smyth, ane of the collectouris of the vnlawes, vpsettis, and owlklie penneis, to mak and furneis to [blank] quha cryes throw the toun and kirk "God save the King," and is puir and naiket, ane jowp, ane pair of breiks, hois and schone, of ony gros and stark stufe … and ordanis the bailyies to discharge the said [blank] to cry throw the kirk and trubill the sam at the sermouns and prayers.
For keping of ane guid ordour amangs the officeris and seriands of this burgh and latting of thame to knaw thair dewtie, that thai pretend na ignorance in tyme cuming, and for eschewing of the enormiteis quhilk hes bene amangs thame in tymes past, thairfore iniunes and imposes vnto thame the ordinances and iniunctiouns vnderwrittin, to be inviolablie obseruet be thame in all tymes heirafter.
Item. That euerie officer sall execut his decreitts within ane moneth after the recept thairof, vnder the payne of xl s., and to ly in wairde quhill he pay the sam; and quhat officer refuises to mak wairning at the desyre of ony nychtbour at quhat tyme he sall be requyret, or refuissis to resave decreitt, sall pay xxx s. and remayne in waird quhill the sam be payet.
Item. That thai awaitt on thair bailyeis at all tymes and pas nocht away without licence or directiouns, vnder the payne of vj s. viij d. sua oft as thai failyie and remayne in waird quhill the sam be payet.
Item. That euerie Sonday before and after none twa officeris remayne and keip the kirk dur in tyme of preicheing, and the rest of the officeris of that quarter that day keip the Hiegaitt, and to be ansuerabill to his bailyie of sic things as sall be done; and the officer that failyeis heirin sall pay ane vnlaw of vj s. viij d. and ly in waird quhill he pay the sam.
Ordanis the boxe in the clerks chalmer to be oppyent and the money beand thairin to be delyuerit to Archibald Jhonestoun to be distributet be him and the restis of the deaconis of the kirk to the puir of the town, lyand bedrellis, and to na others.
For keeping of ane better ordour and rewle of the watches within the toun be the nichtbouris thairof, and that thai may be the mair reddy to serue the Kings Maiestie at all occasiouns, hes thocht expedient, statute and ordanet that the haill inhabitants of this burgh to be deuydet, casten, and devydet in thretteis, according to thair quarters, and twa persouns of euerie threttie, the ane of them ane merchant the vther beand ane craftisman, to be electet to haif the rewle and commandment of the rest; and ane officer to be assignet to the commanders of ilk threttie to convene and warne the persouns vnder thair charge. And gevis power and commissioun to Nicoll Vddert, dene of gild, [and five others], be the avyse and concurrance of the bailyeis in thair quarters, to convene and mak the said diuisioun, elect the commanders, assigne to thame thair officeris, and to sett doun the haill ordour belanging heirto, and to report the sam to the counsall the neixt day.
Appoynts and nominats William Fairlie, merchant, and Jhonn Watt, smyth, to pas to the toun of Dysart, presentlie infectet with the pest, and to visy thair estaitt and quhairof thai stand in neid, to be supportet be the toun vpoun thair awin expenssis, and the saidis persouns to report the sam to the guid toun at thair returning. In the meyne tyme the theasurer and Hew Lauder to try quhair ony meill may be had in Leyth in houssis narrest the schore and to speik for ane boitt.
The bailyeis, [council, and deacons of crafts] nominat, and be pluralitie of votes electet and chuse the persouns vnderwrittin to be eldares and deaconis of the kirk of this burgh for the yeir to cum, furth of the four quarteris and parochins thairof, conform to the ordour sett down in ane act maid the xiiij of October instant, and ordanis thair names to be gevin to the ministeris to be publist in the kirk on Sonday nixt and intimatioun maid to the pepill, wairning thame that gif ony persoun hes to say aganis the said elders and deaconis to compeir before the counsall on Weddinsday nixt quhair thai sall be hard. Followes the names of the said elders and deaconis:—Eldaris: William Inglis, merchant; Jhonn Robertsoun, merchant; David Lautie, writer; William Naper, merchant; Henry Charters, merchant; Jhonn Henrysoun, writter; James Wod, baxter; James Forman, merchant; maister Jhonn Provand, merchant; Edward Hairt, goldsmyth; maister Henry Balfour, aduocatt; maister Olipher Colt, aduocat. Deaconis: Jhonn Thomesoun, skynner; Patrik Eleis, merchant; James Sandelands, tailyeour; Thomas Patersoun, younger, merchant; Archibald Mwdy, apothecare; James Skathwie, merchant; James Barclay, skynner; Alexander Thomesoun, taverner; Thomas Taitt, merchant; William Hoppringill, litster; Jhonn Borthuik, baxter, eldare; Jhonn Dowgall, younger, merchant; Jhonn Hereott, baxter; Jhonn Makmorame, merchant; William Courtie, skynner; Jhonn Mwre, merchant.
[The following were the prices fixed at this time:—"The touns breid to wey sextein vnce the balbie laif, and the owtlands bried twenty vnce the balbie laif;" towns ale, 6d., and outlands ale, 5d. the pint; tallow, 24s. the stone; candle, the "rag weik," 1s. 8d., and the "hard weik," 1s. 7d. the pound. "And anent the rest of the statutes, gevis power and commissioun to the bailies, or any fyve or sex of the counsall, to revew the awld statutes and to set furth sic statutes as thai sall fynd meitt and expedient to be proclamet and publist."]
The bailyeis [and council] vnderstanding be report of William Fairlie and Jhonn Watt, quha wes direct to visie the toun of Dysart, infectet with the pestilence, that the inhabitants of the said burgh standis in neid and requyris to be helpit with [blank] chalders meill, twenty stayne of butter, and half ane last of saip, and hes delyuerit to the said persouns ane obligatioun of certane substantious men of the said toun for payment of the pryces thairof with the chairges and expenssis of the sam, thairfore ordanis James Ros to prepair and by the said guidis, to putt the meill in barrellis and half barrellis of new treis and the saip to be in barrekins to be sent with the said butter to the said toun, be sic as sall be appoyntet thairto be the counsall, and to fynd ane boit for transporting thairof, and mak the chairges and expenssis of the sam, and the said bailyeis and counsall sall caus the sam to be refoundet and payet to the said theasurer.
Fyndes and decernis that the vnlawes of all bluids committet vpoun the schoir of Leyth and passages thairof sall in all tyme cuming pertene to the guid toun, to be vset and disponet at thair plesour, lyke as thai haif done in all tymes bygane, and that the watter bailyie hes nathing to do thairwith except at the discretioun of the counsall vpoun his guid behaviour and seruice.
Alexander Clark of Balbirnie, awld provest exhibet and producet the touns seill of caus, with thair commoun seill of Leyth, quhilk wes delyuerit to ane nobill lord, Lord James, Erle of Arrane, provest, be richt of his office, and his lordship delyuerit the sam in keping to William Stewart, younger, clerk depute.
Ordanis the gild officer to pas and warne the elders and deaconis of the kirk, electet be the provest, bailyeis, counsell and deakins, to compeir on Sonday nixt before none in the kirk and place vset and wont and accept the said office vpoun thame.
Appoyntis Henry Nesbet, [and six others,] to speik with maister Patrik Kenlwy, minister of Linlythqw, to remayne heir and occupe the place of ane minister within the kirk of this burgh, and to feill his mynd vpoun quhat conditiouns he will do the samyn.
Gevis power and commissioun to Henrie Nesbet, [and seven others,] to convene and confer with maister Robert Rollok, maister of the college, for taking vp ane howse and tabill in the said college, and Henry Nesbet to convene the said persouns.
Ordanis the lettres and proclamatioun vnderwrittin, publist at the mercatt croce of this burgh, to be insert and registratt in this present buik, ad futuram rei memoriam, quhairof the tenour followes: JAMES, be the grace of God, King of Scottis, to oure louits Richer Bynning, [blank], messingers, oure schereffs in that pairt, coniunctlie and seuerallie, speciallie constitut, greiting: Forswamekill as we, at the pleasure of Almichtie God, after the mony disordouris and rebellious falling owtt in our realme during oure young aige, hes at last reduceit our countrie to our obedience, mynding to prefer oure loving and faythfull subiects to justice and quietnes, and for that effect the rather to retene our awin hous, court, and cumpany, in ane moderatt maner and small nummer, foirbering the frequent convening of our nobilitie and vtheris, for the inconvenient that micht grow be pestilence now spred in sindrie pairts of our realme, gif ony greitt number suld be convocat furth of all pairts, and that the samin may be the rather spairet hes purposelie drawin our selffis to remayne this winter tyme approcheing in our palaice of Halyruidhouse ewest our principall burgh and palaice of justice, reposing a speciall trust in the loyaltie, cair, and vigilance of our faythfull subiects, inhabitants thairof, the Cannogaitt and vthers suburbes of the samyn; quhairfore, and to the effect that thai may be the mair reddie for the defence, saifgaird and preseruatioun of our maist nobill persoun aganis quhatsumeuir attemptates or surpryses of our rebellious and wikket subiects or vtheris that in the tyme of our quyetnes may presume to tak occasioun to execut thair mischeiffs, our will is heirfore, and we chairge yow straitlie and commandis, that incontinent thir our lettres sene ye pas to the mercat croce of Edinburgh, the Cannogaitt, and thair be oppin proclamatioun, in our name and authoritie, command and chairge all and sindrie oure lieges our inhabitants of our burgh of Edinburgh, the Cannogaitt and vthers suburbes of the samyn, that thai and euerie ane of thame, without exemptioun and distinctioun of persouns inrespect of ony estaitt, priuelege, or exemptioun clamet or vset be ony of thame in tyme bygane, addres thameselffis boddin in maist weirlyke maner, to repair with all possibill diligence as thai sall be aduertist be proclamatioun, schott of cannoun or ringing of the commoun bell of Edinburgh, to repair toward our maist nobill persoun, for defence and preseruatioun thairof and persuitt of our traitouris, rebellis, or vtheris quhatsumeuir that sall happin to attempt ony violence to the offence of ws, our counsale, houshald, or cumpanie, vnder the payne of tynsall of lyfe, lands and guids; certefeing thame that salhappin to be remis or negligent in the premissis, thair bodeis sall be execut to the deid and thair guids presentlie escheittet for thair contempt and rebellioun; as ye will answer to ws thairvpoun. The quhilk to do, we committ to yow coniunctlie and seuerallie our full power be thir our letters, delyuering thame be yow dewlie execute and indorsatt agane to the berer. Gevin vnder our signet at Halyruidhous, the xxvj of October and of our regne the sevintein yeir, 1584. Per actum secreti consilij.
Appoyntis, nominats and ordanis Henry Nesbet and William Harvie, bailyies, Nicoll Vddert, William Fairlie, Jhonn Watt, George Smyth, of the counsall, to awaitt, assist, convene and concur with the ministers, elders, and deaconis of the kirk in thair conventiouns on the Thurisday owlklie, and vther thair effaires, the said bailyeis assistand for the space of sex monethis nixtocum, and thairafter William Nesbet and James Nicoll for vther sex monethis.
The ordour of diuisioun of the quarteris of the toun in thretteis and chesing of the commanders ower thame, sett doun and putt in writt be the persouns nominat thairto, conform to the act maid the xxiij of October instant, and sene and allowet be the Kings Maiestie and lordis of secreitt counsell, being exhibit and producet, thay ratefeit and approvet the samyn, and ordanet the said ordour and writt thairof to be insert and registrat in this present buik and to be putt to executioun obseruet and obeyet in tyme cuming. Off the quhilk ordour the tenour followes:— The names of the commanderis of the nichtlie watche of the toun of Edinburgh vnder my lord provest and baillies as followes. [For the north-west quarter seven merchants and seven craftsmen; for north-east quarter, six of each; for south-east quarter, ten of each; and for south-west quarter, twelve of each.]
This ordour sene and approuit be his Maiestie and lords of secreitt counsell. It is his hienes expres will and commandiment that the maisteris of watches accept the said office vpoun thame and that the members committet to ilk ane of thame rander to thame reddie and afawld obedience, be nicht or day, as the necessitie of his Maiesteis seruice sall requyre and thair toun or as the maiestrats sall appoynt and gif wairning to thame publictlie be schott of ordinance, commoun bell, or drum, or be privie aduerteisment be the officers of ilk quarter to the maisteris of watches or vther privie intelligences, quhairby thai sall be aduertist be the provest and bailyeis or sic as thai send. And that amangs the clerks and lawiers maisters ower members of threttie be appoyntet in lyke maner to be reddie as his Maiesteris seruice sall craif or the weill of this toun of Edinburgh, vnder the paynis contenit in his Maiesteis lait proclamatioun. Subscryuet be his Maiestie and lords of secreitt counsale at [blank]. Et sic subscribitur: James R., P. Gray, James Stewart.
James Cowdane and Archibald Inglis, beand callit and accuset for breaking of the staipill of our natioun placet at the toun of Campheir in Zeland, in passing with thair staipill guidis and wairis to vther pairts, contrair the mutuall contract betuix the burrowes and the said toun, the said James Coldane confest that his seruands and guids wes direct anes euerie yeir thir twa yeir be him to Ansterdame to mak merket of braid quhyte wobbis and sum schoirling skynnis. Siclyke the said Archibald confest that he sawld ane hundreth wecht of hairt hornis in Ansterdame this yeir, and his brother Thomas Inglis certane braid quhytes and William Chaip certane quhyte wobs. For the quhilk caus the said James and Archibald wer adiugeit euery ane of thame in ane vnlaw of ten punds and ordanet nocht to do the lyke heirafter vnder the payne of jc li.
Forswamekill as the burrows of this realm in the moneth of October jmvc lxxviij, be thair commissioner direct to the toun of Campheir in Zeland, agreit with the maiestrats of the said toun vpoun dyuers heids and articles tending to the weill of the said burrowes for remitting and continewing of the stapill of this natioun in the said toun as it wes before the laitt trubles, and be contract passet thair vpoun betuix the said commissioner and the conseruatour on the ane pairt and the maiestrats of the said toun on the vther pairt promist that na schips suld pas to ony vther port or heavin in Flanders with thair staipill guides, yitt dyuers personis of this burgh hes laitlie contrauenit the said appoyntment and past with thair guidis and schips to Ansterdam and vther pairts of the Law Cuntreyes without ane lawfull cause gevin and tryet and befor ane renunciatioun maid be commoun consent of the said contract, to the greitt dishonour and preiudice of thair estait; thairfore statutes, and ordanes, and als inhibits and discharges all merchants, skippers, and mariners within the fredome and juridsictioun of this burgh in ony tyme cuming, to pas with thair schips, laid and charget with staipill gudis, to ony vther port or heavin within the said Law Cuntreyis, bot that thai frequent and resort to the said toun of Campheir allanerlie swa lang as na vther ordour is tane be commone consent of the burrowes, vnder the payne of ane hundreth punds to be payet be the saidis mechants and skipperis and mariners and euerie ane of thame swa oft as thai failye, to be applyet to the vse of the toun. And ordanis publicatioun to be maid heirof that nane pretend ignorance.
Appoyntes Androw Sclater and Jhonn Bannatyne to pas to the Quenisferrie, in name of the toun, with the Kings grace commissioners, for taking ordour with the ferrie boits passand thair according to the Kingis Graces ordinance and proclamatioun.
Ordanis Jhonn Broun, collectour of the kirkrent of this burgh, to pay to Gilbert M'Quhirrie the sowm of twenty pund for the chairges and expenssis of maister Patrik Kenlwie, minister of Lynlythqw, at bed and buird induring his remayning of laitt with the said Gilbert be the space of xx dayes.
Ordanis lettres missiues to be obtenit of the Kings Maiestie, direct to maister James Balfour, minister at the kirk of Edsie in Angus, and to maister James Hamiltoun, minister at the kirk of Kenmwre in the westland, to repair to this burgh for gevin ane proof of thair doctryne.
[Ordained that an agreement be come to "with the minister of Lythgow anent his stipend and remaning within this burgh," and "in the meyntyme grantes that the said minister sall place himself quhair he pleissis at bed and buird, on the touns expenssis." Also, ordained that James Hammiltoun be asked to "remayne quhill thai haif yitt forther pruif of his doctryne."]
Fynds that ane bailyie, with the dene of gild or ony awcht of the counsell, may convene and decyde vpoun all contrauerseis of nychtbourheids vpoun the grund of the lands, and gif neid beis gevis vnto thame thair full power and commissioun thairto.
In presens of ane nobill and mychtie lord, James erle of Arrane lord Avon and Hammiltoun, chancellare of this realme, provest of the said burgh, and of the bailyeis, dene of gild, thesauere, counsell and deykins, being convenit to consult vpoun the commoun effairis of the said burgh, comperit Alexander Owsteane, deykin of the tailyeouris of the samyn, and the said George Smyth, James Nicholsoun, Patrik Sandelands, Jhonn Murdow, Jhonn Young, Androw Cairuie, Nicoll Rynd, eldare, tailyeours, friemen of the said craft and burgessis of the said burgh, quha for thame selffis and in name and behalf of thair remanent brether, burgessis and friemen, exhibit and produceit dyuers heids and articles concerning thair said craft, desyring the said bailyeis, counsall and deykins, to interpone thair decreitt and authoritie thairinto. Quhilk heids and articles beand red and considerit, and the said bailyeis and counsall after lang and sufficient resoning being thairwith rypelic avyset, all in ane voice admittet, ratefeit, and apprevit the heids and articles vnderwrittin, as tending to the weill of the said brether and all our Souerane Lords lieges and agreand to all guid lawes, ordour and policie; and thairfore hes interponet, and be thir presents interponis thair authoritie thairto; decerning and ordaning the samyn to be inuiolablie obeyet, kepet, and obseruet as perpetuall lawis in all tymes cuming amangs the present brether of the said craft and thair successoures and vtheris burgessis, fremen, indwelleris of the said burgh, and all vtheris repayring and remaning within the samyn, vnder the paynis contenit thairinto. Followis the saidis heids and articles:— In the first. Forswamekill as it is complenit be the said deykin and brether that thai ar heavelie hurt and damnefeit be ane greit number of vnfremen dwelland within this burgh, als weill mareit as vnmareit, quha ar nawayes vnder subiectioun of ony maisteris nor yitt subiect to ony stenting, watcheing, wairding, or vther portabill chairges with the friemen of the said craft, bot levis licentiouslie and workis all maner of wark that thai may purches in priuie howssis, lofts and chalmeris, and takkis payment thairfore as thai wer admittet to thair friedome, and thairby hinders and preiuges the frie brether of the said craft quha ar subiect to all portabill chairges of thair commoditie and proffeitt; for remeid thairfore that gif onie sic vnfrie persouns of the said craft quha makis daylie residence within the toun beis apprehendit within this burgh, ather vpoun the Hie gaitt, privie howssis, loftis, chalmeris or vther streittis in tyme cuming, nocht subiect to ane frie maister aither for meitt, fie, or owlklie waige, and his conditioun of seruice maid before the deykin and foure maisteris, that thai sall be tayne and put in waird quhaireuir thay may be apprehendit, and gif thai be ony sic houssis that officeris of this burgh mak oppin durris quhill thai be apprehendit and mak payment of the sowm of fourtie schillings als oft as thai be apprehendit furth of the seruice of ane frie maister, viz., the twa pairt of the said sowm to the vse of the hospitall and the thrid pairt to the apprehendaris at the distributioun of the said deykin and maisteris being for the tyme.Item, Becaus the said deikin and brethir complenit that thai ar havelie hurt and damnefeit be sindrie persouns of the said craft nocht beand friemen of this burgh duelland in the Cannogait, Potterraw, and West Port, and vther suburbs of the said burgh, quha daylie cumis within the fredome of the samyn and takis furth wark, schaipin and vnschaipin, pertening to the burgessis and friemen of this burgh, and wirkis the samyn in thair awin fredomis, and thairafter inbringis the said wark agane to this burgh to the awner thairof and takis thair pryce thairfore, and thairby also grittumlie hurtis the said deykin and brether of thair commoditie and proffeitt quhilk thai wald obtene of the said wark gif thai wer stoppet to vsurp thair fredome and libertie; for remeid thairof, the said provest, bailyeis, counsall and deykins, hes statute and ordanit that gif ony sic vnfrie persouns dwelland owtwith the said fredome, nocht beand bugessis and friemen of the samyn burgh, beis apprehendit with ony sic wark in tyme cuming, ather schaipin or vnschaipin, in the owttaking or inbringing within this burgh, that it sall be lesum to the said deykin and maisteris, or ony of thame, with the concurrance of ane officer, to tak and intromett with the said wark fra the haver thairof quhaireuir the sam may be apprehendit within the fredome of this burgh, and to keip and retene the samyn quhill payment be maid of the soum of fourtie schillings be the warkmen that wirkis sic wark and as thai be fund and apprehendit committing the said falt, the twa pairt of the said sowmes to the vse of the hospitalitie and the thrid pairt to the apprehendaris at the distributioun of the said deykin and maisteris being for the tyme. Item, Becaus the said deykin and brether havelie complenis that thai ar grittumlie hurt of thair commoditie and proffeit be sindrie of thair awin brethrein, burgessis and friemen of this burgh, quha vnder cullour and pretence of ane seruand takis, resavis and resttis, within thair buithis, vnfriemen, nather being thair seruands nor prenteissis, and sufferris and permittis thame to wirk and inbring within thair buithis to thair awin behuiff and profeitt all maner of wark that thai may purches and obtene and to tak pryce thairfore and to dispone thairvpoun at thair plesure and to vse all vther liberteis of the said craft as the said frie maister micht do himselff, for granting of the quhilk pretendit libertie the said vnfrie personis ar bund and oblist for payment to the maisteris of craft that resettis and resauis thame of ane certane sowm of money, to the greitt abuse of the said craft and preiudice of the liberteis of the samyn; for remeid quhairof the said provest, bailyeis, counsall, and deykins of craftis, hes statute and ordanit that na frie maister of the said craft sall be sufferit to hald, resett, nor resaue ony sic vnfrie persouns to wirk within thair buithis in tyme cuming, nor yitt to hald nor resaue any seruand of the said craft in thair seruice without he be bund for certane yeiris to remayne in his said maisteris seruice for meitt and fie as his maister and he can agrie, and the condition of seruice to be maid before the said deykin and foure sworne fey maisters being for the tyme; and gif it be fund verefeit and provin that ony frie maister of the said craft sall happin to do in the contrare, or that the said maister and seruand sall happin to mak any collusioun betuix thame to the hurt of the said craft, vtherwayis nor beis in thair appoyntment to be maid before the said deykin and brether, the said maister and seruand sall pay enerie ane of thame swa oft as thai failyie heirin the sowm of fourty schillings money, the twa pairt to the hospitalitie and the thrid thairof to the apprehenderis at the sicht and distributioun of the said deykin and brether. Item, To the effect that the nichtbouris of this burgh be nocht hurt nor preiugeit be debaring of the vnfriemen to mak or mend thair claythis in thair howssis, it is thairfore agreit, statute and ordanet, that the deykin and brether of the said craft sall, be thameselffis or thair seruands, mak the said nichtbouris als guid and reddie seruice within and without thair howssis as thai wer wont to haif be the said vnfriemen; and thairfore quha swa wirks thair nichtbouris claythis sall at all tymes quhen he is requyret, vpoun xxiiij houris wairning, appoint ane of his seruandis for quhome he sall ansuer to pas to the nichtbouris dwelling hous for mending and repairing of sic ornaments and clething as ar to be mendit of all sorts without exceptioun. And the said seruand to enter to wark at five houris in the morning, vngangand owt without leiff quhill nyne houris at evin, and to haif thairfore ilk day twelf penneis and his meitt; and quhair any maister of the said occupatioun failyeis to do as said is [he] sall pay ane vnlaw of xl s. to be applyet as said is. Item, That na prenteis be maid frieman quhill he serue his maister fyve yeir during his prenteischip and thairafter with him or with ony vther frie maister thre yeir for meitt and fie, quhilk will mak of the haill awcht yeiris or he be maid frie, and na vther to be made frie except he marie ane friemanis dochter of the said craft or haif bene ane prenteis as said is. Item, Gif any frie maister of the said craft in ony tyme heirafter sall happin to procure in favouris of ony prenteis or seruand to be maid frieman of the said craft after the owtrynning of his prenteisschip or of his seruice, without the said prenteis haif seruet ane frie maister of this burgh thre yeiris after the owtrynning of his prenteisschip for meit and fie, or that the said seruand that beis procureit and requeistet for haif mareit or is to marie ane friemanis dochter of the said craft, the said maister or maisters that sall mak the said requeist or procuratioun sall pay thairfore the sowm of ten pund money to be bestowet to the puir at the discretioun of the counsall. Fynallie, Quhen any difference sall aryse betuix ane of the nichtbouris of the toun and ane frieman of the said craft anent the pryce of anye maid wark, or vpoun the insufficiencie of the warkmanschip, or vpoun any fraude or deceitt committet, bayth the said pairteis sall abyde and vnderly the tryell and inquestioun and als fulfill the jugement and will of ane bailyie, the deykin of the craft, with twa of the counsall of the towne, the ane beand ane merchant the vther ane craftisman, to be chosin be the said bailyie. And for the mair securitie, fayth, and authoritie to be gevin heirto, ordanis the seill of caus of the said burgh to be appendet to the extract of this present act and ordinance, to be subscryuet be the provest and bailyeis and be thair commoun clerk.
The bailyeis, [council, and deacons of crafts,] fynds expedient ane certane of thair number pas to my lord provest and desyre his lordschip to travell with the Kings grace and concur with the toun that maister Jhonn Craig, ane of his Graces ministers, may assist the kirk of this burgh at sic tymes as his Maiestie may spair him, and for doing heirof gevis power and commissioun to James Nicoll [and five others].
Forswamekill as the quarriouris of thair commoun mwre in tyme [bypast,] in the wynning and making of the mylne staynis in the said mure, hes frawdfullie cutt and brek down the said staynis to the proportioun and mesour of the owtland mylnis, for the quhilk thai resauet greitt and lairge commoditie, and in the meyne time the towne mylnis wes swa disappoyntet that the thesaurer culd gett na staynis to serue the sam; for remeid quhairof it is thocht expedient, statute and ordanet, that na mylne stanes, of quhat quantitie soeuir the sam be quhilk sall be win and maid in the said mwre, be disponet or sawld be the said quarriouris to ony maner of persoun bot to the towns thesaurer present and to cum allanerlie and to na vther, and the said thesaurer to serue the cuntrey with sic as ar nocht meitt nor convenient for the town mylnis, and to be comptabill to the guid toun for the wynning and avantage thairof to the townis vse in respect that the grund pertenis to the guid town, and gif ony of the said staynis beis sawld and disponet be the said quarriouris to ony vthers that thai be baneist the said mwre induring the townis will; for the quhilk caus thai ordane thair said thesaureris to pay and delyuer to the said quarriouris for ilk stayne win and wrocht be thame, beand of five fute and ane half of breid, twelf inche in the eye and ten inche in the hem, the sowm of fourty sex schillings aucht penneis for thair lawbour, and gif the said quarriouris cairts the sam to haif fourtie penneis mair of the peice, and for the secundare staynes within the quantitie foresaid that thai be satisfeit and payet be said thesaurer at the discretioun of ane bailyie, with the dene of gild, thesaurer, and Jhonn Watt, smyth.
Vnderstanding that diuerssis persouns quha hes passit vpoun assyssis, be wilfulnes and ignorance, and sumtymes be collusioun and favour, hes purget and clengeit syndrie persouns quha hes bene notories criminall and giltie, quhairby the toun hes bene defrawdet of thair vnlawes and sic evill persouns and vthers be thair exampill hes tayne occasioun to continew in thair wikketnes; for remeid quhairof it is thocht expedient, statute and ordanet, that all crymes of trublance, straiks, drawing of wawpouns and of bluid, quhair na mutilatioun, demembring, nor deyth hes followet, and siclyke all contraventiouns and brekking of the townis statutes and lawes sall at the instance of the townis collectouris of the vnlawes be summerlie tryet fra thine furth be the probatioun of twa or thre honest witnessis, and the sam being sufficientlie verefeit and provein, the offendouris to be vnlawet and pvneisset in thair bodeis and guidis as gif thai had bene putt to ane assyse and thair by convict of the offence.
For thair better convening in ane mair full number in tyme cuming nor thai haif done in tymes bipast, hes thocht expedient, statute and ordanet that the haill counsall vpoun the ordinare dayes sall be present in the counsalhous before the ceissing of the bell, and the personis absent at the stayncheing thairof to pay to the boxe xviij d., ilk persoun, thay that ar absent at x houris to pay twa schillings, at xj houris iij s., and the haill day v s.
Vnderstanding that certane evill persouns hes lattin furth the Sowth Loch at thair awin Hands, to the hurt and preiudice of the toun, thairfore ordanes the haill nychtboures of ther towne to be wairnet be thame selffis or thair seruands to convene this day at xij houris with mattokis and schules to pas and fill vp the dam thairof.
Gevis power and commissioun to the bailyeis [and five others] to visy the townes statutes quhilk wes maid and proclamet the last yeir, and to augment, diminsche, or correct the sam as sall be maist meitt to be proclamet this present yeir.
The foresaid bailyeis, dene of gild, thesaurer, and ane pairt of the counsall, being convenet at afternone, ordanis James Nicoll, the thesaurer, Thomas Myller, George Hereott, Dauid Williamsoun, to pas to maister James Hammiltoun, minister, and requyre him to remayne and continew in his teacheing for the space of awcht dayes. Siclyke, gevis commissioun to Henry Nesbet, bailyie, to intreatt with maister Robert Pont, provest of the Trinitie College, for demitting the same in favouris of the toun.
Fynds expedient, yitt as of before, to intreat and deale with maister James Hamiltoun, minister of [Kenmwre,] to come and remayne within this burgh and occupie the place of ane minister thairof, inrespect that the towne is alluterlie destitute of pastouris at this present.
In consideratioun of the present estaitt of thair Nether Bow and apperant decay thairof, votes, condiscendis and agreis that the sam be vpbiggett with expeditioun the narrest way that can be, and gevis power and commissioun to Henrie Nesbet [and nine others] to convene, sett doun, and devyse the maist commodious forme of wark, and to consult vpoun the chairges and expenssis of the sam and to report the nixt counsall day that forther ordour may be tayne thairanent.
Decernis the persouns vnderwrittin, occupeares of the chops about the Hie Kirk, to repair the wallis of the said kirk within the said chops in sufficient aisler wark, als guid as the sam wes at the vpbigging of the said chops, and that betuix this and Yule nixt, ilk persoun vnder the payne of xx li. to be payit to the guid towne:—[here follow names.] Als, Jhonn Hunter, officer, at command of Nicoll Vddert, dene of gild, wairnet the saidis persouns and Jhonn Smyth, gild officer, and Adam Craig, goldsmyth, to remove at Witsounday nixt fra the rowmes and chops occupeit be thame.
Gevis full power and commissioun to James Nicoll, bailyie, to pas with the Kings Maiesteis sumleiris to the schips, selleris, howssis, and vther places within the town of Leyth and heavin thairof quhair any new Burdealx wyne may be had, and thair to caus the said sumlyer to be thankfully and reddily ansuerit of the best sorts thairof to his Maiesteis vse; and to that effect, gif neid beis, to mak oppin durres and to vse all executioun lawfull aganis sic persouns awneris of the saidis wynes as refussis or absent thame selffis, ay and quhill the said symlyer be weill satisfeit and obtene delyuerance of the samyn; provyding alwayes that thai exceid nocht the number of twenty twnis of wyne. and that thai inroll the names of the awneris of the said wynes, the quantity resauet, with the pryces of the samyn, nocht exceding the pryces gevin be the towne, to be schawen and presentet immediatly to the counsall. Als, the said sumlyer gevand his handwritt that he sall resaue na vther wynes fra ony of the townis of Dundie, Perth, or Abirdene. And thairfore the said bailyeis, dene of gild, theasurer and counsall, be thir presents, bynds and oblissis thame and thair successoures to mak the said merchants, awneris of the said wynes, guid and thankfull payment of thai said wynes as sall be convenit and agreit with thame be the said bailyie and sumlyer, the first and reddiest payment to thame that sall mak maist willing and thankfull delyuerance.
Gevis commissioun to Henrie Nesbet, bailyie, William Fairlie, Alexander Owsteane, to confer and intreatt of new with maister Robert Pont for his rycht of the provestrie of the Trintie College and to sie quhow resonablie thai can agrie with him for ane yeirlie dewtie to be payet to him be the guid toun or thair thesaureris, swa suir as he can devyse, and to report agane Wedinsday.
Grantis and consents to gif to Cudbert Sandersoun, maister of schole, the soum of fourty pund yeirlie for his stipend as reder in the Hie Kirk of this burgh, during his seruice in the said office of ane redare, begynning the first terme at Mairtymes last. Siclyk, ordanis the said Cudbert to be plaicet in the hous sumtyme occupeit be Jhonn Cairnis, minister, induring the townis will.
Inrespect the wester mylnes ar habill to decay as ruinous, and that twa vther mylnes may be commodiouslie bigget in the sam rowme; as alswa, considering the necesssitie of bigging of the dam heid, and for vther caussis moving thame, thairfor fynds it maist expedient that the said twa new mylnis sall be bigget within the said wester mylnes, by the vther twa awld mylnis, and that the said dam heid be substantiouslie maid of aisler wark; and ordanis James Ros, thesaurer, to mak preparatioun of materialles for the said wark and to enter and begyn the sam at the first convenient seasoun.
Ordanis James Ros, thesaurer, at the arryving of ony girnell guids pertening to the inhabitants of Abirdene, to vse thame in thair customes and vtherwayes as thai haif done the nychtbouris of this burgh.
The foresaid bailyeis, counsall, and deykins of craftis: Forswamekill as the deykin and brether of the wobsteris and walkeris of this burgh havelie lamentit and complenit that thai beand burgessis of the said burgh and friemen of thair craftis, watcheing, wairding, and bering all portabill chairges within the samyn, and lykewayes habill to serue all oure Souerane Lordis lieges thairof in all poynts belanging to thair occupatiouns, als weill and easelie bayth in wark and pryce as any vtheris withint his realme having the lyke cair, burding and chairges. Nochttheles the haill inhabitants of this burgh, at the leist the maist pairt, movet be solistatioun, acquentance, and dyuers vther meanis and wayis vnknawin to the said brether, daylie puts thair wark in the hands of the vnfriemen dwelland to landward and in the suburbs of this burgh, personis be that way greitlie incressis in number and substance, leving in all securitie frie from ony burding and subiectioun of lawis, quha fynding sic immunitie as na frie burges can haif ar gadderit from all pairts, reteiring thameselffis furth of the jurisdictioun of frie burghs at thair verray durris, eitting thair breid furth of thair mowthis, and now hes begun to tak prenteissis, cheise deykins and quarter maisteris, mak contributiouns, and swa erect ane monopole amangs thameselffis, doing all things and mair than to ony frieman is lesum and tolerabill to do, contrair the ancient lawis of the realme and priuilege of burrowis, and to the greitt hurt and preiudice of the said friemen quha ar alluterlie decayet in thair number and depauperat in substance and na mair habill to beir burdein within the toun bot will be constraynet to withdraw thame selffis and with tyme to adioyne to the said vnfriemen. And albeit the exampill of this evill and dayngerous preparatiue be begun at thame, yitt it is apperand nocht to end schortlie, bot with continuall consuetude growing in ane law is habill to pas throw all sorts and degreis within the burgh, bayth merchants and craftismen, and swa at lenth to bring the estait of burrowis in ane confusioun, and last to ane vter decay and subuersioun gif this owersicht and negligence be nocht preventit in tyme, ather be seiking redres in parliament, be putting the ancient lawis and liberteis of burgh to spedie executioun, or ellis be inhibiting sic persouns within the burgh on quhome the jurisdictioun thairof cheiflie hes place to gif occasioun of swa greitt inconvenients, with scherp executioun and pvnisement to be vset vpoun the doares thairof. With the quhilk the said bailyeis, counsall and deykins, being rypelie avyset, and fynding the sam to be of veritie, thairfore, at this present quhill farther remeid may be had and provydet thairto, hes thocht expedient, statute, and ordanet that na maner of persouns, burgessis and indwellers of this burgh, be thame selffis, thair wyffis, seruandis, or vtheris in thair names in tyme cuming, tak vpoun hand to carie, send, or delyuer thair yairne, clayth, webbis, or vther stufe belanging to the said occupatiouns, to be wrocht, maid, or dressit be ony wobsteris or walkeris, vnfriemen, dwelland within the Cannogaitt, Potterraw, owtwith the West Port, and in the suburbs of this burgh, or within halff ane myle to the toun wallis, inhibiting and dischairgeing thame of the samyn be thir presents, vnder the payne of escheitt of the said stufe quheneuir the samyn sall be apprehendit passand to the saidis plaices or cumand fra the samyn, the twa pairt thairof to the hospitall and puir and the thrid to the apprehendares. And to the effect that the nichtbouris of this burgh may be the better movet to put thair wark in the hands of the friemen of the said craft and na vtheris, it is lykewayes statute and ordanit that gif thair wark and stufe sall be misuset and spilt, or yitt retardit and haldin bak and nocht depescheit and wrocht with all possibill diligence, in that case the deykin and quartermaisters of the wobsters, coniunctlie and seuerallie, for thair craft, and thair successouris respectiue, sall refound, content, and pay to the awneris of the said stufe all damnage and entres to be sustenit be thame thairthrow and mak satisfactioun and contentatioun to the said saidis awneris for thair slak seruice, besyde ane vnlaw to the toun and puir at the arbitrament, sicht, and discretioun of ane bailyie or any aucht of the counsall, quhais will and jugement thai sall vnderly and fulfill bot ony proces of law quhidder the principall offender be callit and convict or nocht. And Johnn Moyses, deykin of the walkeris, and William Cowts, Jhonn Fairlie, William Robesoun, Gilbert Eddislaw, Leonard Phillip, quarter maisteris thairof, and Jhonn Stevinsoun, deykin of the wobsteris, Leonard Thomesoun, Thomas Wicht, Rychart Dalgleische, James Melros, quarter maisteris of the samyn, comperand personallie for thame selffis and thair successouris deykins and quarter maisteris of thair said crafts, agreit and consentit heirto and oblist thame respectiue coniunctlie and seuerallie and thair foresaids for obseruing, keping, and fulfilling heirof in maner abone writtin. And the said bailyeis, counsall and deykins ordanet publicatioun to be maid of this present act and ordinance that nane pretend ignorance of the samyn.
The foresaid bailyeis, counsall, and deykins, on the ane pairt, and maister James Hammiltoun, minister, on the vther pairt, appoyntet and agreit in maner, forme, and effect as after followis, that is to say, the said maister James sall vse and exerce the office of ane minister within the said burgh faythfullie and diligentlie in teacheing of the word of God, ministratioun of the sacraments, and in all vther things belanging to the said vocatioun swa lang as he and the guid towne can agrie in God; for the quhilk caus, the said bailyeis, counsall and deykins, binds and oblissis thame and thair successouris, be thame selffis, thair thesaureris and collectouris of the kirkrent, as the said maister James sall think expedient, to thankfullie content and pay to him the sowme of thre hundreth merks yeirlie induring his said seruice, and sall caus thair said thesaureris or collectouris present and to cum to become dettouris to him for the samyn. And siclyke, the said bailyeis, counsall, and deykins, for thame selffis and thair foresaids, hes grantet and gevin to the said maister James the occupatioun and inhabitatioun of the dwelling hous sumtyme occupeit be Jhonn Dury, minister, or the hous sumtyme occupeit be maister Walter Balcanquell, minister, quhilk of thame the said maister James plesis to accept, induring the said seruice in the ministrie within the said burgh, with all vther commoditeis and easements belanging to ane of the saidis howssis.
Competit [blank] Levingstoun of Kilsyth, younger, and Antonet de Bord, his spous, and maid and constitut Capitane Alexander Muir, ane of the archers of the King of France gaird, thair procuratour for making of homage for certane lands in France and for intrometting with certane thair fermes and dewteis.
Ordanis Jhonn Watt and James Merchell, collectouris, to pay to Bessie Flemyng, quha is puir and hes her leg brokin, the sowm of twenty schilling; and in consideratioun of the guid report maid of William Gibsoun, flescheour, of his hasard and seruice in quenching the suddane fyre raiset in Peblis Wynd, thairfor to pay to him threttie schillings.
Forswamekill as thair is dyuers acts and statutis of this burgh dischairging any hedder staks to be maid and bigget in publict vinellis, howssis, or closes, or neir to ony biggett land, quhilk hes nochet bene putt to executioun, quhairby the toun hes bene putt at sindrie tymes in daynger of byrning, and namelie be the hedder stak quhilk wes sett on fyre in Peblis Wynd vpoun the secund of this instant, vnder nycht; thairfore, to aschew the lyke inconvenients and dayngeris in tyme cuming, statutes and ordanis that all baxteris, maltmen, and vtheris quha hes any staks of hedder, brome, cuttings of treyis, tar barrellis, burnewod, peitts, or siclyke stufe, to be fyre in thair oynis or killis, now presentlie standand in thair howsses, yairds, vinellis or clossis, neir to any biggett land, or standand in quhatsumeuer dayngerous place, that thai remoue and tak the sam away betuix this and Setterday at evin nixttocum, but langer delay, and caus the sam be biggett, maid, and plaiceit at the Grayfreir port, yairds of the Blakfreiris, or at the North Loch, ilk persoun vnder the payne of xx li, and confiscatioun of the said stufe, and that na sic stufe be biggett, howset, or plaicet in any vther rowme in tyme cuming vnder the payne foresaid.
Ordanis James Ros, thesaurer, to pay to the lokman ten schillings for his guid seruice done at the executioun of Edward Henrysoun, baxter, quha wes brunt qwik; als to by and delyuer to the said lokman ane bandet staf.
Ordanis the collectouris of the vnlawes, etc., to pay to the watter berers for thair seruice at the quencheing of the fyre in Peblis Wynd twenty four schillings; and that Jhonn Scott, factour to maister Robert Glen, gif thame als mekill. Item, the said collectouris to gif to twa men of … Ireland, the ane callit Dathens Skegins and the vther Termethius Crochure, the sowm of fyve merk for thair support; and als to caus mak and delyuer to James Mont, sangster, ane gowne and ane sark of commoun gros and stark stufe.
Ordanis Henrie Nesbet, baillie, and George Smyth, to assist the toun of Kingorne in thair desyre before the secreitt counsall that na passage be at the ferries except Leyth and Prettiecur, in respect the said toun offerris to ansuer for all inconvenient of pest that may cum at thair passage, the sam being grantet to thame.
Ordanis the four bailyeis [and eight others] to pas to the Lord Seytoun and desyre to knaw quhat wes done in the burrowes effairis in France, and to requyre and gett agane fra him thair writts beand in his hands.
Ordanis the dene of gild, betuix and Wednesday nixt, to close vp the tavernis, howssis and sellares, of all thame that ventis wyne and ar nocht gild brither, and that vnder the payne of xx li. to be payet be the said dene of gild gif he failyie, to be imployet to the hospitall.
Fynds that thai will nocht replege the tenants of the abbacie of Paislay frome the justice, inrespect the sam tendis onlie to the hynderance of justice, the bailyerie of the said abbacie nocht beand in the tounis hands.
Ordanis William Nesbet, bailyie, to caus mak inuentour of the haill keyis, tymmer wark and skelffis, beand presentlie in the howse sumtyme occupeit be Jhonn Cairnis, minister, and caus delyner the sam to [blank] Sandersoun, redare, and resaue his hand writt thairvpoun according to the said inventour.
In consideratioun that the billis of the puir gevin in ilk counsall day ar sum pairt tedious and occupeis the tyme quhilk suld be imployet vpoun the wechtie effairis; thairfor appoyntis and ordanis that in euerie quarter the bailyie thairof and the collectouris of the vnlawes, with four of the counsall for ilk quarter, quhais names followes, sall tak ordour with the said puir according to thair quarters, visite and support thame according to thair neid and as the town may guidlie spair, and report the sam the nixt day, that precepts of allowance may be direct to the collectouris. [Here follow the names of those appointed.]
The foresaid bailyeis and counsall and deykins of craftis, vnderstanding that the burrowes ar addettet to the Kings Maiestie for certane yeirs to ryn in threttie twnis wyne according to the contract maid with his Maicstie concerning the customes, and that the said burrowes avanceit to his Grace ane thowsand pund, quhilk is nocht payet to thame that lent the samyn to the burrowes, for the quhilk caussis certane burrowes havand commissioun of the rest hes laitlie agreit to ane extent of [blank] for payment of the said dets; and in the rolles of the said extent sett furth be thame this burgh and the pendicles thairof is taxt to the sowme of sewin hundreth and twenty punds. Thairfore hes agreit, votet and ordanet, that ane extent of the said sowm be sett and rayset of the haill nychtbouris, pendicles, and vtheris that may be addettet thairin.
Anent the supplicatioun gevin in before thane be maister Jhonn Prestoun, elder, bering in effect that be the space of fourty yeirs or thairby he hes bene continuallie exerceisit and occupeit in the commoun effairis and seruice of this guid toun, in the quhilk seruice he hes nocht onlie spendet his tyme bot also thairthrow hes loset the gritest pairt of his substance, geir and heritage, be tynsall of the quhilk things he is nocht habill to sustene sic burdein in the commoun chairges of the guid toun as he wes wont to do, and now he being ane aiget mau of lxxj yeirs past may nocht in his persoun sustene the burding of walkin, watcheing, wairding, wawpounschawings, raidis, and airmeis, in the quhilk the persouns of habill men ar requisit, bot is now become swa vnabill that in his persoun he may nocht performe the samyn, and howbeit that he may be hiear powers be exemit fra sic things, likas the lawes of the cuntrie and his greitt age exemis him, yitt for his obedience and for his faythfull ayth gevin to thair wisdomes quhen he wes maid burges and gild brother that he suld nother seik nor purches lordschips nor authoritie contrair the friedome and priveleges of this burgh, he will nocht seik bot attend humelie vpoun thair wisdomes consideratioun and ansuer, quhilk he luiks for inrespect of his guid and lang seruice and for rewaird thairof; desyring thairfore that thai wald exeme him fra all watcheing, wairding, wawpounschawing and raidis and airmes, quhairin his vnhabill persoun is requisit, for all the dayes of his lyfe, quhilk he howpis sall be schort, that he being be thair wisdomes swa exemit he may remayne vnder thair wisdomes exemptioun, saifgaird and protectioun, swa that be thair refusall he be nocht compellit to seik hiear poweris. Quhilk supplicatioun beand considerit and the narratioun thairof fund and knawin to thame to be of veritie, thairfore they willinglie grantet and consentet thairto, and be thir presents, swa far as thai haif power, exemis the said maister Jhonn fra all watcheing, wairding, wawpounschawing, raides and airmeis, in his awin persoun, for all the dayes of his lyfetyme.
For obedience of the Kings Maiesties lettre and chairge gevin to the guid toun, grantes and consents that the corps of vmquhill maister Thomas Gordoun, father brother to my Lord Huntlie, be bureit within the kirk of this burgh at the towme of the Erle of Atholl.
The sam day, statutes and ordanis that na taverneris, ventares of wyne, hald or occupie any ma tavernis bot ane allanerlie, and quha presentlie hes twa or thre or ony ma tavernis that thai reduce and bring the samyn to ane and close vp and dischairge the rest betuix this and Sonday nixttocum, vnder the payne of xx li. Siclyke, that thai haif na persouns to rin or vent thair wynes to thair behuif bot sic as ar thair feyet seruands remaining actuallie in thair howssis at bed and buird, vnder the payne foresaid. Attour, that nane vnfriemen quha ar nocht burges and gild brether tak vpoun hand to top, vent, or sell in smallis, ony maner of wynes fra this day furth, vnder the payne of xl li. ilk persoun, owlklie, swa oft as thai sall be fund to do the samyn; and sic as hes presentlie vsurpet the fredome of this burgh and layet in thair wynes, that thai denude thair hands thairof and sell the samyn in greitt to friemen betuix this and the first day of Januar nixttocum, but forther delay, vnder the payne of xl li. ilk persoun. And ordanis this present statute to be proclamet.
In consideratioun of the supplicatioun gevin in name of the burgh of St. Jhonestoun, visitet be God with the seiknes of the pest, desyring the townis cheratabill support to thair seik and puir, thairfore appoyntes and nominats [two persons for each of the four quarters, and other two] for the sessioun, men of law and scrybes, to pas and requyre the nychtbouris and inhabitants of this burgh for thair help and support to the said town.
Ordanis the collectouris of the vnlawes, etc., to pay Alexander Purves, walxmaker, for twa torches bocht and resauet fra him to the convoy of the provest and bailyeis fra the College at the lessouns maid thair, and that thai resave the said torches fra Alexander Bony, officer, quha hes the samyn.
Grantes and gevis to Andro Thomesoun the sowme of twelf schillings owlklie fra Mononday nixt induring the townis will, for his seruice to be done in haldin the maisterfull and sturdie beggaris furth of the hie streitts at all tymes. And ordanis the collectouris of the vnlawes, etc., to mak him thankfull payment thairof, quhilk sall be allowit in thair compts. And dischairges all vther feis quhilk he had of before in all tyme cuming.
Ordanis James Ros, thesaurer, be the avyse of James Nicoll, bailyie, to caus by ane twn of quhyte wyne and ane vther of claret, to be layet in and propynit to my lord provest as hes bene vset to be done at this tyme of yeir be the guid toun to ony nobill and greitt man berand chairge ower the toun.