Extracts From the Records of the Burgh of Glasgow Vol. 3, 1663-1690. Originally published by Scottish Burgh Records Society, Edinburgh, 1905.
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8 January 1666.
It is concluded that the provest deall with all dilligence and earnestly with Argyll, ather to subscryve ane submissioune to the archbishop of Glasgow anent what was awand be his umquhill father to the toune, or then to joyne with the rest of the lait Argylles creditouris in persewing therfor in law, or utherwayes as thei sall goe on as he sall think most fitt for the guid of the toune.
After consultatioune had, Williame Stirling, wrytter, is electit and choysen to supplie the place now occupied be Mr. Robert Goveane, in collecting the monyes conteaned in the tounes rentall, during the counselles will and pleasour.
2 February 1666.
Guidis fra Jedburgh.
It is concludit and ordained be all theis present that theis guidis laitle brought to this burgh fra Jedburgh and theraway, contrair his Majesties proclamatioune, be brunt all publictlie at the mercat croce.
12 February 1666.
Warrand Dowhill, younger.
The baillies and counsell being conveined, after reading of severall letters come from the provest, informing that ther is ane decreit obteaned against Dumbartane, quhilk he is attending to get extractit, but that the extracting therof, consultatiounes theranent, and utheris the tounes affaires will cost much monye, it is therfor recommendit, be the whoill counsell present, to the baillies, deane of gild and deacon conveiner to meit and consider quhat monye sall be sent, and ordaines the clark to subscrive ane warrand therfor, according as thei sall enjoyne; and that Dowhill, younger, ryd himselfe to Edinburgh with the monyes, to delyver the same and to helpe the provest in what is neidfull, and attend him till his returne. And therafter ordaines the said Dowhill, younger, to have ane warrand for the sowme of [£2,217 2s.] Scotis, deburst be him, out of the monyes receavit be him fra the collectouris at the mylnes, quhilk is to be delyvered to the provest, and he to mak compt therof at his returne; and for the sowme of [£966] deburst be him for seck sent east to friendis for the same busines.
14 March 1666.
Knock, bell, and chymnes.
The agriement made be the deane of gild with Johne Brodbridge, anent the rouling of the knox in Briggait, and for ringing of the bell ther, at the ordinarie tymes appoyntit, fra Candlemes last to Candlemes nixt, and for making of the chymnes quhilkis ar to be sett wp in the tolbuith steiple, conforme to his first bargan quhen he should have sett wp the same in the steiple in Briggait, and the giving of him ten ston iron farder nor the said first bargane, is this day allowed and approvin.
Appoyntis the maister of work to pay weiklie to James Louk, maltman, twentie shilling to attend the new grein and to wphold the dykes therof, and for keeping of all horssis and uther bestiall aff the same.
17 March 1666.
News letters payit for.
It is appoyntit to be remembrit that the news letters and diurnalls ar all payit for to the seavintine day of January last.
Pollok, officer, depryved of his office.
George Pollok, officer, being compleined wpon for taking some monye out of the collectiounes made for the poor at the kirk doores, in absence of the collectour, and for drinking and debusching pairt therof, and for sundrie uther enormities and wrongs, is deposed and put out of his place.
To compt with Barnes.
Ordaines Baillie Gemmill, the deane of gild and John Caldwall, to compt with Johne Barnes anent what monyes he hes in his hands was given be the toune to him to buy the belles that wer appoyntit for the steiple in Briggait.
The said magistratis and counsell understanding the coalles to be become verie scant and dear, so that the hutch bought of befor on the hill for four shilling is now bought for no les than sex shilling, and that in regaird of the decay of the coal hewes about the toune, quhilk make ane great outcry among the inhabitantis and mainlie the poor, and the said magistratis and counsell knowing the same to be most trew, and being informed that coalles may be win and gottin in their awin land in Gorballes, thei have therfor concludit to give to Patrik Bryce, weaver, ane thousand markis monye to sett doune ther twa shankis presentlie, and appoyntis Baillies Walkinshaw and Gemmill, with the deane of gild, to meet with the said Patrik and setle with him anent ane tak to be sett to him of the said coalhewes, conforme to the said Patrik his desyre given in, and to sett doune all conditiounes to be performed be him during the tyme of the tak; and maister Robert Goveane is ordained to pay him the said thousand markis, and to have ane warrand therfoir out of the reddiest of the tounes monyes he hes in his handis.
Yaird bocht fra the commissar.
In answer to the supplicatioune given be ane great number of the inhabitantis about the Grayfrier port, anent the making of their yaird bocht fra the commissar for the use for quhilk it was bocht, ordaines Gilbert Currie, the present tennent, ather to quyt his possessioune or then to pay the yeares maill that is awand; and if he quitt the yaird he to be fred of the maill.
There is licence grantit to James Wilsoune, skipper, Robert Allane, his sone in law, George Weinzit, maltman, and William Sheilles, couper, ilk ane of them, to build a peice of the hie kirk yaird dyk for the use of a buriell place, according as utheris hes done the lyk; and appoyntis the deane of gild to sight the same.
Appoyntis the maister of Hutchesounes hospitall to be made choyse of on Tuesday nixt, ther, at twa hours in the afternoone, and the whoill counsell and ministers to be wairned for that effect.
Warrand, minister, ludging.
Ordaines the thesaurer to have ane warrand for the sowme of twa hundreth markis Scotis deburst be him to John Bell, lait provost, for the maill of that ludging occupied be the persone, ane of the ordinarie ministers of this burgh, belonging to the said John Bell, heretabillie, and that fra Witsonday last to Witsonday nixt, and quhilk is againe to be allowit to the toune in the first end of the annualrent of that thousand pundis, now in the tounes handis, the annualrent quherof is destinat to pay the maill of ane hous for the said persone and his successouris; and declaring the payment of this said yeares hous maill sall nowayes infer any obleisment for payment of the maill of the samyne hous be the toune heirafter, provyding they tak not the same heirafter.
24 March 1666.
Recommendes to the provest, baillies, dean of gild and John Cauldwall to meit with Robert Campbell anent the bargane of Silvercraiges, and give he will stand to his first bargane to end and clos with him, and if not to end with Silvercraiges himself the best way they can for the guid of the towne.
Warrand, ringing bells.
Ordaines the thesaurer to have ane warrand for the sowme of ten pundes deburst be him to James Smithe, beddell in the Laigh Kirk, for ringing of the counsell bell and dean of gildes bell this last yeir.
The contract set downe betwixt the toune and Patrick Bryce anent the coall heugh in Gorballes was subscryved, quhilkes conteines at lenth the conditiounes therin mentiouned.
Warrand to Barnes.
Report being maid be thes who wer appoyntit to compt with Johne Barnes anent the thrie hundrethe pund sterling he receavit to buy the belles to the stiple in Bridggait, that the same was all debursit be him upon the buying of the belles and uther wark of the stiple, except four hundrethe pundes nyntine shilling iiij d. Scotes, the saids magistratis and counsell dois heirby discharge the said Johne Barnes thairof, he paying in to Johne Cors, collector of the merchands hospitall, the said sowme of four hundrethe pund Scotes xix s. iiij d.
26 March 1666.
Warrand, Dowhill, younger.
Ordaines Dowhill, younger, to have ane warrand for the sowme of eight scoir rex dolloris, extending to four hundrethe thrie scoir four pund Scotis money, quhilk is to be given to (blank) Cheisle, in Edinburgh, for his discharging of ane old pley quhilk he had against the toune.
3 April 1666.
Warrand, Dowhill, younger.
Ordaines Dowhill, younger, to have ane warrand for the sowme of four hundrethe markes, deburst be him, out of the moneyes he receavit fra the collectouris at the mylnes, to Hendrie Craige for the pryce of ane aiker of land the toune bought fra him in Kinclaithe. [Note on margin: "Becaus Dowhill made his compt befor his warrand was extractit it was drawine on Robert M'Cuir."]
Anent the Peit bog.
Ordaines baillies Gemmill and Miller and the deane of gild to setle and agrie with Robert Rae anent ane tak of the peice land callit the Peit bog, with the peice ground laighe under the brae, betwixt the said Peit bog and Linnyngs haughe and dyke ther buildit be umquhill Johne Lawsone.
Anent the uplifting of the fynes of thes who dishantes the ordinances.
Thair being produced in counsell ane lettre direct thairto be the archbishope of Glasgow, in the quhilk his grace declaires that efter search he findes severall persones, both men and women, who ordinarlie dishantes publict ordinances and flateres themselfes with hope of impunitie, bot knew not from whence thair confidence springes, and thairfor thought it his grace dewtie to adverteis the counsell that his grace intendit (give thair fynes be not exactlie levied be them) to imploy some of the officeris of his Majesties melitia, both to observe who withdrawes from ordinances and also to exact the penalties imposed by law, which his grace is verie unwilling to doe, both becaus his grace did forsie it will be ane dishonour and los to the towne and also ane greater prejudice and punishement to the persones that offend, as the said lettre in itself mair fullie proportes. Quhilk being severall tymes red, efter mature advyce and deliberatioune had thairanent, and the mater being staited quhither it was best for the towne that the magistrates should ingather and collect thes fynes imposed wpon dishanteres of the ordinances nor to commit the collecting thairof to sojoris, efter dew consideratioune had thairanent it was concludit, be pluraltie of voites, that it was better for the towne that thes fynes wer collectit and upliftit be the magistrates (to the effect they might be applyed to pious uses) then that any sojoris should have the collecting thairof.
The imputing of George Allane, lait bellman, in William Drew his place anent the making of the graves, was allowed and approven in counsell.
Recommends to the baillies and dean of gild to consider what calsayes within the towne ar neidfull to be mendit and repairit, and to caus doe the samyne.
George Pollok, ane of the townes ordinarie officeres, being formerlie deprived of his office for his bais miscariagesses, is this day againe, upon his many promeisses of amendment, restored againe thairto, bot with this conditione that if ever he be fund drunk, as he hes bein oft heirtofoir, or yit if he suffer any maner of persone justlie to compleine wpon him heirefter, then and in that case, and the wrong being tryed, he is to be deposed theirefter and never to be restored againe.
19 April 1666.
Decreit of absolvitor against Dumbartane producit.
The provest produced the decreit of absolvitour purchesed and obteaned at the tounes instance against Dumbartane; and in regaird that it hes bein so lang in debait and hes bein costlie and expensive to the toune, the baillies and haill counsell did rander to the provest heartie thankis for his paines in attending that actioune and bringing it to such ane happie clois; and appoyntis the baillies, deane of gild, Dowhill, elder, and Robert Rae, to meit with the provest and to tak his compt of his hand, in respect thei thought it not fitt to bring it in publict. . . And after heiring of the said compt, ordaines John Andersoune, younger of Dowhill, to have ane warrand for the sowme of fourtine hundreth pundis Scotis, deburst be him out of the monyes he receavit fra the collectouris at the mylnes to the provest; and that in compleit payment to him of his haill charges and expenssis, deburst be him for the toune since the first of November last and of theis sowmes he deburst in obteaning the said decreit of absolvitor.
[Two actions, one at the instance of the burgh of Glasgow and the other at the instance of Dumbarton, each against the other, had been pending in the supreme court at Edinburgh for some time. Both actions were decided in favour of Glasgow on 8th February, 1666. The extracts of the decreets, written on sheets of paper pasted together, and making up rolls extending to 33 and 44 feet in length, respectively, detail the titles and pleadings of parties, and conclude, the one with the declarator and the other with the absolvitor pronounced by the lords. Both actions were originally "raised and intentit befoir the lait pretendit commissioners for administratione of justice to the people in Scotland," and were "therefter walkned and insisted on befoir the lords of counsell and sessione." In the action by Glasgow against Dumbarton it is set forth that "the said brugh of Glasgow, situat upon the river Clyde, was of old erected in ane frie brugh royall, with all liberties, freedomes and priviledgis belonging to ane frie brugh, more speciallie with als mutch freedome as wes allowed to any uther brugh within, the natione, and therby naturallie and as ane necessarie and essentiall poynt of freedome had right and priviledge of merchandising, sailling out and in with thair ships, barkes, boats and uthers vesshellis upon the river of Clyde, and to aryve, load and unload ther goods at the places convenient within the said river, and acknowledged and reputed ane frie brugh long befoir the brugh of Dumbartoune had any foundatione, errectione or being, by the publict acts and records of the land, of parliament, conventiones of estaits, conventiones of burrows, acts of the councellis of the Kings of Scotland, and of all publict judicatories within the samen, and therfore allowed place and precedencie to ryde, sitt and vote in parliament, and in all publict and nationall meetings long befoir the brugh and towne of Dumbartoune, in sua far as that the brughes and townes of Air, Irving, Renfrew, Drumfries, and severall other brughes, to the number of twentie six or therby, quhilk gave place to the said brugh of Glasgow and are ranked and ordered efter Glasgow, gave place and prioritie befoir Dumbartoun, for by ane chartour granted by King Robert, ratefieing and confirmeing ane chartour granted be King Alexander, erectting Glasgow in ane frie brugh with als mutch freedome as is allowed to any brugh within this natione, quhilk chartour relates to ane anterior chartour grantit to the said brugh by King William, who wes father to the said King Alexander, quherby the lyke priviledge and benefeit of erectione is granted to the brugh of Glasgow, as the said chartour daited the aughteen yeir of the reign of King Robert more fully proports. And be ane chartour granted be King Alexander the twentie sixt yeir of his reigne, ratified and confirmed be King Robert the twentie thrid yeir of his reigne, ther is priviledge and libertie granted to the citizens of Glasgow to traffique to Arguyll and to pas thither and repas, without any impedement, ther said traffiqueing to Arguyll being hindered and opposed be the men of Dumbartoun, pretendand Argyll to be upon thair syde of the firth of Clyde and sua within thair priviledge; by the whilk chartour of King Alexander and chartour of King Robert confirming the samen, it is declared that this traffiqueing and libertie to Argyll wes granted to Glasgow befoir the foundatione of Dumbartoun, and sua befoir it wes ane toune and had any being. And by ane mutuall indentour betwixt the brughs of Glasgow and Dumbartoune, daited jm. four hundreth nyntie nyne yeires, the saids tuo burrowes contracted and agried for all tymes therefter to ane mutuall complyance and correspondance and the defence and maintenance of each of the utheris priviledges, condiscending to ane equall entres of the river of Clyde, nether of them pretendand priviledge nor prerogative over the other, nether are there any sillable, in all that indentour, so mutch as poynting at any of these presumed priviledges over Glasgow now contraverted by Dumbartoune. And be the act of burrowes in thair conventione, daited the nynteen day of Junii jm. and six hundreth yeires, relateing to ane suplicatione presented to the meeting of the burrowes of the toune of Dumbartoune, craveing ane suplie for upholding of thair bulwarkis, foundit by them for withstanding the irruptiones of the watter of Levine, quhilk threatted the taking away of thair citie, and by ane posteriour act of the said conventione of burrowes of the dait the seventeen day of November therefter, relative to the said first act and relative to ane act of the King and counsell for the tyme consequent to the said first act of the burrowes, ther is ane impost and exactione of certane pittie dewties upon the river of Clyde granted to the said towne of Dumbartowne, for the space of seven yeires allenerlie; quhilk impost and exactione is restricted and declared to be only of veshellis and goods imported to ther owne road and harbour of Dumbartowne in the watter of Levin, expreslie debarring and excluding them from medling with anything belonging to the priviledge of Glasgow within the said river of Clyde; quhairby it is manifest that the said towne of Dumbartowne befoir and at the tyme of the saids acts of burrowes had not nor did not plead any right or priviledge superior and prejudiciall to the priviledge of the said brugh of Glasgow in the said river of Clyde, or to any benefeit aryseing therfrae and from veshellis and goods imported therein."The charter by King James VI. to Glasgow in 1661 (fn. 1) is then referred to; "conforme to the whilk chartour, long befoir and ever since, the said persewars and ther predicessouris, provest, baillyies, counsell, burgeses, inhabitants, and communitie of the said brugh of Glasgow, have enjoyed the said right and priviledges befoir related, and have been in possession therof past all memorie; and notwithstanding the said brugh of Dumbartoune by no evident right and title whatsomever can plead or pretend any priviledge or right upon the said river of Clyde over any veshells aryveing therin, or goods imported in the samen, different and more then is allowed to the said brugh of Glasgow, or to any customes, anchoradges, measuradges, and uther pettie dewes in use to be payed and demanded of the veshells and goods of strangers aryveing in the said water, but the saids two burrowes of Glasgow and Dumbartowne, past all memorie, and ever since the mutuall indentor in the said yeir jm. iiiic. and nyntie nyne yeires, corresponding and complying in ane joynt and equall intrest in the freedome of the said river of Clyde and benefits of anchoradge and measuradge, and uther dewes in use to be payed by strangeris aryveing therin, and ay and whill ane chartour purchest be the said towne of Dumbartoune from King James the Sixt, in the yeir of God jm. vjc. and nyne yeires, by whilk, and the exorbitant new grant therin includit, they acclaimed the right and priviledge of dewes in the said river Clyde solly and wholly to themselves, in sua far that the said towne of Glasgow and merchands therin aught and should aryve at ther brugh, make entries, and take cockits ther, load and unload ther, make sale of ther commodeties therin, and should in effect and by necesser consequence reseid at and be incorporat be the said towne of Dumbartowne; posterior to the whilk chartour by act of interloquitour daited in the said yeir of God jm. vjc. and elevine yeires, pronunced by the lords of sessione in ordour to ane suspensione raised by the towne of Glasgow against ane charge of horning given to ther merchants, at the instance of the said brugh of Dumbartowne, concerning ther priviledge in the said river, and the dewes payable and arryseing from the shipes and goods imported therein, after full heiring of both pairties, compeirand by thrie advocats one each syde, and productione of all ther rights, hinc inde, the said towne of Glasgow is found to have right in manner foirsaid." Other proceedings were subsequently taken for settling the controversies between the burghs; arbiters had found the burghs to be entitled to equal rights and privileges in the river and the dues, but nevertheless the magistrates, council, burgesses, and inhabitants of Dumbarton—"daylie troubles and molests the saids persewaris in the enjoyment and possessione of ther priviledges in the said river of Clyde, and of the dewes aryseing therefrae in manner foirsaid, quhairthrow necesser it is to the saids persewaris, and it aught and should be found and declared . . . . that the provest, bailyies, counsell and communitie of the brugh of Dumbartoune hes no right to exact or uplift from the inhabitants, burgesses and communitie of the towne of Glasgow, nor of any veshells and shipes belonging to them or fraughted by them, aryveing within the river of Clyde at the foirsaids roads and ports of Potterige, Inschgreen, and Newwark, and anchorage, weyadge, measuradge, tunnadge, dock maill, cockits, or uther dewes quhatsomever, but that it is laufull for the proveist, baillies, counsell and communitie of Glasgow to aryve with ther shipes and goods within the river of Clyde, speciallie at the foirsaids roads or ports of Potterige, Inschgreen, and Newwark, and to load and unload ther and to transport ther goods upon the river of Clyde to Glasgow, frie of the burden of the foirsaids pretendit dewties of anchoradge, measuradge, weyadge, tunnadge, dock mailles, cockits, or uther dewes whatsomever to the towne of Dumbartowne; and that therfor the provest, baillyies, counsell, communitie and inhabitants of the said brugh. of Dumbartowne should be decerned to desist and ceas from all farder troubling or molesting the saids persewaris in aryveing with ther shipes and goodis upon the river of Clyde and loading and unloading ther shipes and goods at the saids roadis, as is alledgit." On behalf of the pursuers, it was maintained that—"Glasgow wes ane episcopall sea seven or eight hundredth yeires befoir Dumbartowne wes foundit, as is cleir from Archbishop Spotiswoods historie, who relates that in anno five hundreth Saint Mungo wes first bishope of the sea of Glasgow and that the said cittie and brugh wes a famous nurserie of scholleris and more ancient then Dumbartowne, in sua far as the towne of Dumbartownes first chartour is only dated in anno jm. iic. tuentie ane yeires, whereas the towne of Glasgow hes chartour granted to them by King Alexander in anno jm. ijc. and eleven yeires, giveing them power to trade befoir the foundatione and erectione of the towne of Dumbartowne; and this is cleirlie evident by another chartour granted to the towne and cittie of Glasgow by King Robert indewing them with all priviledges belonging to any other royall brugh granted by King William, father to the said King Alexander, purchesed be Josleine, then bishope of Glasgow, erecting the towne and cittie of Glasgow in a royall brugh, whilk Josleine, as Archbishope Spotiswood relates, lived long befoir the yeir ane thousand and tuo hundreth yeires; and the said Archbishope Spotiswood sayes that in bishope Josleine tymes the towne and cittie of Glasgow wes erected in a royall burgh, and in all parliaments, conventiones of estaits, and burrowes within this kingdom, the towne and citie of Glasgow had and ever hes the precedencie far befoir the brugh and towne of Dumbartowne." The magistrates of Dumbarton did not admit that Glasgow was erected into a royal burgh before 1611, and maintained that they had a prior right to the river and dues under their charter of 1609. The decree is in the following terms:—"The quhilk haill proces and progres therof, with ane uther actione of declaratour persewed at the towne of Dumbartowne ther instance againes the towne of Glasgow, and ther respective wholl rights, wryts, and entrie bookis produced hinc inde, and the depositiones of the witnesses aduced for either pairtie for proveing the towne of Dumbartownes possessione of the impositione and dewties contraverted, and the towne of Glasgowes imunitie and freedome from these impositiones and dewties, and ther interuptiones of the foirsaid possessione, with the disputes at lenth abovementioned maid for either pairtie, and haill circumstances of this cause, being all at lenth hard, seen, and considerit be the saids lords, and they therewith being well and ryplie advysed, they gave ther decreit, finding, declaireing, decerning and ordaineing in favouris of the brugh of Glasgow, persewaris, and dischargeing the brugh of Dumbartowne in manner at lenth abovementionat; and fand that ther chartouris, infeftments and rights producit for the brugh of Dumbartowne, with any possessione had be them of the dewties and impositiones, contraverted and instructed by the entrie bookis and depositiones of the witnesses aducit be them, could not give them ane valid and sufficient right to the impositiones and dewties contraverted in haill or in pairt; and assolzied the towne of Glasgow from that actione of declaratour depending at thair instance against the towne of Glasgow; and decerned, declaired, fand and discharged in favouris of the towne of Glasgow against the towne of Dumbartowne in this actione in manner at lenth abovementionat. And ordaines lettres and executoriallis necesser to pas and be direct heiron in forme as effeires."
In the action at the instance of Dumbarton against Glasgow, the pursuers set forth that "King Alexander the Second, now be the space of four hundreth and fyftie yeares since and above, erected the said burgh of Dumbartane, situat in the west pairts of Scottland, in ane frie burgh royall, and gave and granted to the said burgh and inhabitants therof and ther successores, for evir, divers lands and rents, with the lyk priviledges and friedomes and imunities belonging or knowne to appertine to anie brough royall within the said kingdome of Scottland, and speciallie such as belonged to the burgh of Edinburgh; lykas the said umquhill King Alexander the Second, be his chartar undir the great seall, of the dait the twelt day of December jm ijc. and tuentie yeires, gave and granted to the said burgh of Dumbartane and burgessis therof certaine lands, rents and priviledges, and speciallie the haill toll and custome betwixt the water of Kelving and the head of Lochleavin, prohibiteing straitlie that no person presume to transport or tack away the saids tolles or anie uther customes dew to the said burgh from the burgessis thereof and ther servands, undir the payne of death; lykas also the said king and sundrie uthers his predicessores, Kings of Scottland, have granted divers rychts, tytles, and priviledges to the proveist, bayllies, counsell and comontie of the said brough of Dumbartane, and ther predicessores and successores, with sundrie lands, rents, tenements and uthers belonging therto; and sicklyk umquhill King James the Sext hes not onlie ratified and approvin the ancient gifts, imunities, priviledges, and liberties granted to the said burgh of Dumbartane, burgessis and inhabitants therof, but also did of new grant to them sundrie imunities, priviledges, and liberties; and sicklyk, gave, granted and disponed to the said proveist, bayllies and counsell of the said burgh and ther successures all and haill the friedome and libertie of the river of Leiven and of the river of Clyd, betuixt the water of Kellwing and the head of Lochlong, with power to them to intromett with and uptack the haill small customes within the bounds of the saids rivers, with deuties of cocqueits, entries of shippes, barks, creares, and uthers veshells, anchoradges, water measures, dockmeales, shoar silver, assyse bolles, with the deuties of measurage, weyage and uther customes, imposts and deuties of all goods coming in or ganging forth to and frae the said burgh, ports, havens and lading places quhatsomevir within the saids rivers and bounds." Under this charter, which is dated 13th December, 1609, Dumbarton claimed the privileges and levied the dues which they now asked the court to sanction by declarator. This the lords declined to do, and granted absolvitor to the defenders.]
Tak subscrivit to Rae.
The tak of the peice land callit the Peit bog, and utheris therin conteined, sett now to Robert Rae for nyntine yeares, was subscrivit, for quhilk he is to pay yearlie sextine pundis Scotis.
Rig bocht fra the commissar.
Appoyntis the deane of gild and Robert Rae to setle and agrie with any persone who desyres to tak any pairt af that rig, les or mair, in few, that was bocht fra the commissar. (fn. 2)
28 April 1666.
Ordaines John Andersoune, younger of Dowhill, to have ane warrand for £62 18 s. deburst be him to William Selkrig, for that rig of land in Kinclaith bocht from him; and for tuentie pundis given to John Drew for quating his tak of the landis callit Mylne dame bocht fra John Marschell; and for ten pundis starling given to Mr. Androw Burnet for his paines taken in obteaning the decreit against Dumbartane and twentie shilling starling to his man.
Appoyntis baillie Miller, the deane of gild, and baillie of the Gorballes, to consider on the bill given in be the cordoners, and on the grund of their complent about theis of their jurnaymen and uther cordoners who takis wp buiths in the Gorballes, and how the same may be remeidit, and to mak report.
19 May 1666.
Report anent Puckie.
[The dean of guild reported that he had accounted with the factor at Puckie for the rents of crops 1663 and 1664. The charge amounted to £269 1 s. 8 d. and the discharge to £219 13 s. 2 d. The dean received £52 10 s. 6 d., with £60 as part of rent for crop 1665, out of which he disbursed £10 as feu-duty to the burgh of. St. Andrews for crop 1665, and 54 s. for letters of horning against the tenants. A tack of the lands was granted to "Thomas Adamesoune, clark of Carrill," for 19 years from Martinmas last, for the yearly rental of £210 Scots, "quhilk is to be payit yearlie betwixt Yuill and Candlemes, in Edinburgh, at David Boyd, merchant, his chope, there."]
Appoyntis baillie Miller to consider how the dame of the Subdeanes mylnes sall be dight and faced with hewn stones.
Recommends to the deane of gild and his bretherin of counsell to consider on the peice waist grund at the foot of the Gramer school wynd quhilk Kirlie desyres to tak in few of the toune.
2 June 1666.
Anent the supplicatioune and bill of complent given in befor the said provest, baillies and counsell, be James Mitchell, present deacone of the cordoners within this burgh, for himselfe and in name and behalfe of the remanent bretherin of that calling, makand mentioune that quher be the 154 act of the 12 parliament of King James the sext, of worthie memorie, entitulat: Exerceis of craftis within suburbs adjacent to burghes is forbidden; quhilk act beares that forsuameikle as the exerceis of craftisman in suburbs of the frie burghes is not only hurtfull to all our Soveraign Lordis leidges, for the insufficiencie of the wark, but also ministratis great occasioune to prenteises and servandis in frie burghes undewtifullie to leive their maisters and to remaine and abyd in the said suburbes, therby substracting themselfes fra the jurisdictioune of the provest and baillies of the said burghes; and als the frie craftismen ar greatlie damnified in respect of the great burdin thei bear within the said burghe, and there advantage of the work that should releive them is drawine away to the said suburbes; therfor it is statut, decerned and declared, be the said act of parliament, that in all tyme therafter there should be no exerceis of craftis in suburbs, but that the samyne should ceas in all tyme after the dait of the said act of parliament, quhilk was in anno 1592, (fn. 3) and that all work made in the said suburbes should be confiscat and takin be the provest and baillies of the said burghes fra the workmen in the said suburbes; as the said act of parliament in itselfe mair fullie proportis. And now the craftismen, cordoners and tanners, in the village of Gorballes, ar growne so numerous and so much moir prejudiciall to the craftismen within this burgh than ever of befor, for amongst many particulares thei are grown so proud and insolent in their awine conceat, misregarding al law and authoritie, that thei have hyred and tysted away fra their maisters severall of their sevandis who ar to leive their said maisters at this terme of Whitsonday enshewing, and enters to theis unfriemen in the said village of Gorballes, at the least four of the speciall jurnay men within the toune of their calling ar to desert their maisters, and ar to tak wp work buithes there at their awine hand; quilk if the lyk be suffered their calling cannot eshew but to cume to uter ruine, and the honest bretherin of the said cordoners and tanners ar not only greatly prejudged therby but also the haill leidges damnified be the insufficient work made be theis unfriemen; humblie cravand, therfor, the said provest, baillies and counsell, to tak this grivance to their lordships wyse consideratioune, and that thei wold sie the said act of parliament put to dew executioune, conforme to the tenour theirof, as the said complent mair fullie proportis. Quhilk being red wpon the nyntine day of Maij last bypast, in presence of the said provest, baillies and counsell, the way how to remeid the said complent above wryttin being remittit be them to Johne Miller, ane of the present baillies of this burgh, James Pollok, deane of gild therof, and Johne Herbertsoune present baillie of Gorballes, and the saidis Johne Miller, James Pollok and Johne Herbertsoune having at lenth considered therwpon, and wpon the forsaid act of parliament quherwpon the said complent is foundit, and knowing that the cordoners in Gorballes ar become much moir numerous than of old, and that thei wer certanelie informed that sundrie utheris wer to be sett wp there for exerceising their calling there, quhilk if nocht preventit tymeouslie will nocht faill to ruinat the haill cordoners and tanners within this burgh; and thei being this day againe requyred be the said magistratis and counsell to give in their overtour theranent, they all thrie being present declared that the best way to remove the said complent and so to prevent the ruine of the said cordoners and tanners within this burgh was to discharge the haill cordoners and tanners who ar alredie sett wp in Gorballes and exerceises their calling there to keep or hold any servant or prenteis, but all thei work therintill may be done with their awine handis; and for preveining the lyk heirafter it wold be statut and ordained that it sall nocht be leasoune to any cordoner or tanner to sett wp ather buith or hous or ony thing of that kynd for working their tred in the said village without licence had and obteaned therto of the provest, baillies and counsell of Glasgow for that effect. Quhilk overtour being proponed and declared as said is, and the samyne being thought verie reasonable be the said provest, baillies and counsell, thei, after guid advyce and deliberatioune had theranent, doe heirby enact, statut and ordaine that it sall nocht be leasome to any of the cordoners and tanners alreddie sett wp and placed in the said village of Gorballes to keep or hold any servant or prenteis for helping them forward in their work, but quhat thei doe therin thei work with their awine handis, and also hes statut and ordained that no cordoner or tanner sett wp hous or buith for using his tred heirafter in the said village without licence first had and obteaned therto of the provest, baillies and counsell of Glasgow, for that effect.
9 June 1666.
It is ordained that no maner of persone be suffered to work in the tounes quarrell, without the tounes licence first had and obteaned therto; and that they sell no milstones out of the said quarrell without the said licence.
Appoyntis baillie Miller [and five others] to goe out to the commoune and there to sight and consider the complentis given against (blank) Tod who occupyes umquhill David Peters mailling; as also the complent given in against umquhill Walter Neilsoune for taking in some of the tounes march stones on Flemyngtoun within his stone dyk at Balgray; and to sight and consider theis partes of the commoune quhilk William Gilmour, fleshour, desyres to tak.
10 July 1666.
Appointis the baillies, the deane of gild, Dowhill, elder, Robert Rae, William Boyd, Johne Johnstoune, James Ker, and Johne Cauldwall, to sight the boundis at the Bell croft quher the provest intends to build a dyk, and to meith him that he build within his awine bounds.
17 July 1666.
Sub deanes mylne laid, mylne and brig at the Saltmercat foot to be repaired.
The forsaid provest baillies and counsell being conveined and taking to their consideratioune how that yeasterday there having falline out in the afternoone betwixt four and fyve houres, being the sextine of this instant, the most great impetuous raine that has been seine in the memorie of man, and that upon ane suddanty all in and verie neir the toune, quhilk rais northward and com doune the burne on the east syd of the toune sua that many wer supprysed therby, it falling out in such a suddanty, all that day being verie fair and hot till that tyme, and therby brak out the mylne laid of the subdeanes mylne foir anent the hie kirkyaird, as also the north-west newk of the gavill of the subdeanes malt mylne, and brak doune and destroyed twa new laitly builded brigs, ane at the foot of the Saltmercat and the uther beneth that betwixt the new grein and litle grein; and seing it most necessar that the said mylne laid and mylne and the forsaid brig at the foot of the Saltmercat be speidilie repaired, in respect of the necessitie therof and the great repair made be the samyne brig, it is therfor unanimously concluded be the said baillies and counsell that the said mylne laid and mylne and brig at the foot of the Saltmercat, in respect of the great repair made therby, be repaired and builded with all dilligence, and for this effect appoyntis the baillies, deane of gild, Robert Rae and Johne Cauldwall to meit with Williame Boyd, measoune, and setle and agrie with him theranent.
Forsuameikle as it is fund verie necessar that ane survay be made throw the whoill toune for trying out of strangers laitly come to toune, orray and idle weomen who desertis their service and takis wp houssis be themselfes, appoyntis therfor [certain persons to "search and try" (1) Stogwelgait, Briggait and Wynds; (2) Saltmercat and Gallowgait; (3) above the cross to the Grayfrier port; (4) from that port to the Wyndhead, and Rottinraw, Stable Grein and Drygait; and (5) the Trongait and outwith the port].
4 August 1666.
Robert M'Cuir, to have warrants for (1) 2,600 merks disbursed out of money received from collectors at the mills "to pay for the houssis and lands at the fleshmercat bocht in for the tounes use fra the aires and successoures of umquhill Patrik Adame"; and (2) 400 merks disbursed out of the same money to William Andersoune, clerk of session, "that was restand to him of the pryce of the lands of Peitboig and Dassiegrein bocht for the tounes use."
11 August 1666.
Lands at Fleshmercat.
Appoyntis baillies Gemmill and Miller [and four others] to meit and advyse amongst themselfes anent the maner of the fewing out of the landis bocht at the fleshmercat, to the fleshouris and utheris.
18 August 1666.
Ordaines the actioune against Dumbartane anent their last ryot to be prosequit to the full as accords of law, and the magistratis of Dumbartane to be summoned for that effect.
Recommends to the provest and baillies to examine this day after noone the haill witnessis anent the complent given be Branschogle against Johne Rowat and utheris, and to report.
1 September 1666.
Provest to Edinburgh.
It is concludit that the provest ryd east to attend the secreit counsell and to fallow out the complent given in against Dumbartane for their last ryot, in exacting some of their alledged dewes contrair to the decreit evictit laitly against them, and he to tak with him whom he pleases to attend him.
It is ordained that Walter Grahame, messenger, and Johne Blair, stabler, both of them be imprisoned in fast ward and put in the irones for the wrong thei did to Branshogle in the tolbuith, he being ane prisoner, and suspends John Rowat from his charge as keeper of the tolbuith during the magistratis and counsellis will for the wrong also he did to the said Branshogle beyond his commissioune.
20 September 1666.
Syre at the wast port on the north syd.
Forsuameikle as it is regraitit be divers and sundrie persones that the syre in Trongait, on the north syd therof, from Hutchesounes hospitall wastward to St. Tenewes burn, was levelled and made once straught for convoyeng away the water that way, but now of lait divers persones, yea almost all who hes houssis and killes narrest the said syre, castis in stra, ilk ane foir against their awine land, to mak fuilzie of, quhilk stops the passage of the water should goe that way and jorgs wp so that filth and myre is made to be sein in the gutters, quhilk is very loathsome to the beholders; and the said magistratis taking this to their wyse consideratioune, and being desyrous that the abuse should be remeided, thei therfor doe heirby statut and ordaine that no maner of persones presume to doe the lyk heirafter, but that everie heritour or tennent of the said landis narrest the syre keep the same frie, ilk ane foir against themselfes for their partes therof, to the effect the passage of the watter be nocht gorged or impeided therby, and that under the paine of ten pundis to be exactit aff every contraveiner how oft and sua oft thei contravein heirafter the premissis.
Forsuameikle as the said provest, baillies and counsell, taking to their consideratioune that it hes bein the use and custome of the fleshouris of this burgh heirtofoir to slay and blood the whoill bestiall thei kill on the hie streit in Trongait, on both sydis of the gait, quhilk is verie lothsome to the beholders, and also raises ane filthie and noysome stink and flew to all maner of persones that passeth that way throw the Kings hie streit, and is most unseimlie to be sein that the lyk should be done theron; and the said magistratis and counsell understanding that the lyk is nocht done in no place within this kingdome or outwith the same in ony weill governed citie, and now seing the said fleshouris may be provydit utherwayes and far moir commodious for blooding and killing the haill bestiall thei kill, and also thei being most desyrous that the said abuse be remeidit heirafter, therfor thei doe heirby statut and ordaine that non of the said fleshouris within this burgh, nor no utheris in their names, doe presume or tak wpon hand to kill, slay or blood any kyne, oxen, bull, sheip or lamb, or any uther thing of that kind, in vew of the hie streit or any that passes that wais as formerlie, but commandis and charges them and ilk ane of them to provyd houssis in bak sydis for the doeing therof, as is done in Edinburgh and uther weill governed cities, and that betwixt and the terme of Witsonday nixt to come, under the paine of ane hundreth pundis monye to be exactit aff ilk ane of the said fleshouris to be applyed ad pios usus; and that sua oft and how oft any of them contraveines the premissis in killing and blooding their flesh in vew of the hie streit as formerlie after the said terme of Witsonday nixt.
Land to be set in feu.
Ordaines baillie Miller [and three others] to sett in few to any persone or persones who pleases such pairtis of that yaird was bought from commissar Flemyng as may be spared. As also to set in few the lands at the bak of the fleshmercat quhilk the toune bocht laitly, to theis who hes or will build candle houssis ther, for use of yairds to ther said landis, or to the fleshouris who intends to big buithes to themselfes to slay ther bestiall in; and that in the best comodious way they can for the guid of the toune.
It is concluded that the whoill monyes collectit for armes, in whois handis soever it be lying in, or quhilk sall be collectit betwixt and Michaelmes nixt, be collectit and intakin for the use of the poor of the merchand hospitall.
Allowes the clark to subscryve warrands to the collectouris of excyse for debursing monethlie that quhilk is given to the poor; and also for twentie eight pundis quhilk is monethlie deburst to the sojouris now lying in toune; and that alsweill for bygaines as in tyme coming.
Forsuameikle as divers complentes hes beine made this summer be the tanneres within the samyne burgh against the in bringers and sellares of barkes for thair use of tanning, quhilkes of late they use to cut far longer and broader nor of before, for in foir tymes they wer dung neir als small as thei ar quhen applyed to lether, the quhilk abus is not to be fund in noe pairt of this kingdome nor elsquher, quherby the saids tanneres ar greatlie prejudgit and damnified; and againe divers regrates and complentes hes bein made be Johne Calder, Patrick M'Lintoche, Patrick M'Inturnour and utheres who bringes barkes to this burghe to be sold, for that the sayes now made use of quherwith ther barkes ar missoured ar maid of greater quantitie nor of befor, quhilk tends also to thair great hurt and prejudice; and the saids magistrates and counsell being most willing to remove the ground and caussis of the saids complentes, hes concludit that thair be four new sayes maid agrieable to ane of the old sayes lyand now in the tolbuithe, haveing ane broken step in the boddome, and marked with the dean of gildes mark, with the quhilk both pairties hes declared themselfes content to the dean of gild of this burghe; and appoyntes the said new sayes to be marked with the said dean of gildes mark not onlie in the boddom bot also in everie step thairof, to the effect they be not altered nor changed, and that noe sayes be urged wpon the sellars of the said bark bot the saids new sayes soe sealled and marked as said is; and againe the saids magistrates and counsell statutis and ordaines that the wholl barkes quhilkes sall be brought and missoured within this burghe sall be onlie of the lenth of thrie or four inches the langest speall thairof, and twa inches broad, to the quhilk the said sellars of bark hes given thair consent to the said dean of gild; and this is but prejudice to the said inbringeres of the said bark to mak thair awne pryce thairof as they and thair merchand can agrie, bot onlie that the saids barks be dung and cutted sufficientlie as they wont to be of old; and it is appoynted be the saids magistrates and counsell that they and thair successouris ar to give command quhenevir they will anent the matter of keiping of the said sayes or missoures.
29 September 1666.
It is concludit that there be payit out to helpe the rebuilding of Floack brig, quhilk is knowne to be verie necessar to the inhabitentis of this burgh who resort that way, the sowme of ane hundreth markes quhen the work is compleitit.
Ordaines the thesaurer to have ane warrand for three hundreth markis deburst be him to William Boyd in compleit payment of the rebuilding of the brig at the foot of the Saltmercat, and for twentie rex dollouris deburst also to the said William Boyd for his attending the rebuilding of the gavill of the subdeanes myles and dam therof; and for casting the paissis of the knock of the merchand hospitall, mending the heid of the tolbuith stair for eshewing some drops fell in the clerkis chamber.
Ther was subscryvit ane band in favouris of the archbishop of Glasgow, conteining ane blank for inserting ane sowme, and is to be filled wp heir after the band is filled wp, quhilk band is to be delyvered to him for ane tak the said archbishop is to subscryve in favouris of the toune of the tyndis the toune had right to befor from the Lord Blantyre, and appoyntis the baillies, Dowhill, elder, the deane of gild and Robert Rae to goe with the provest to the bischop to sie the said band filled wp.
Ordaines Robert M'Cur to have [warrants for several sums, including £38 12 s. 8 d. disbursed "to Johne Johnstoune for his charges and expenssis in ryding with the archbishop to Dumfries," and for £696 "given to the bischope in pairt payment of that quhilk should be payit to him for the tak of the tyndis."
2 October 1666.
Anent the supplicatioune given [in be] Johne Rowat, merchand, mentiouning that quher it was the pleasour of the said magistratis and counsell to admitt the supplicant keeper of their lordships tolbuith, quhilk he hes attendit theis divers yeares bygane, and laitly ane of the prisoners therin, the laird of Branshogle, having far exceidit the bounds of ane prisoner towards the supplicant, his keeper, trew it is that in ane passioune the supplicant did exceid his power and commissioune in laying him in the irones, for the quhilk he is verie sor grived from the bottom of his heart, albeit he was heighly provoked therto, and trewlie he dar say that he hes dearlie payit for it, for with the anger he took at that tyme he hes never sen syne bein quyt of ane most cruell collick and gravell, quherby he was verie lyklie to have lost his lyfe and is nocht yit fullic quyt of it; and seing it did pleasour their lordships for his great wrong and fault to suspend him from his charge, quhilk he confesses was most deservedly done in respect of his great rashness, yit now the supplicant wold most humblie beseek the said provest, baillies and counsell to pitie him at this tyme, seing their lordships knew he hes lived honestly heirtofoir and come of honest and ancient parentis within this burgh, besyd that he is awand fyve thousand markis and hes the burdine of four motherles childerin; and that your lordships wold be pleased to readmitt the supplicant againe to his charge, and be the grace of God the lyk should never be sein in him againe, but sall indeavour to carie himselfe in all things as your lordshipis most humble servant; as the said supplicatioune mair fullie proportis. Quhilk being red, and the samyne being weill weighted and pondered, the said Johne Rowat being sent for, who come and declared his greiff anent the forsaid wrong committed be him, the said magistratis and counsell wpon consideratioune therof does heirby repone againe the said Johne Rowat to his former charge as keeper of the said tolbuith, wpon the conditiounes mentioned in the said supplicatioune, and ordaines him to fallow the enjunctiounes formerlie set doune to umquhill Gawine Nasmith, sometyme keeper of the said tolbuith, in all poyntis.
Election of provost and bailies.
[In a letter directed to the magistrates and council the archbishop nominated William Andersoune, present provost, to be provost for the year ensuing, and he accepted office. From leets presented by the provost and three bailies of last year the archbishop selected Robert Reid and John Andersoune, younger, merchants, and William Boyd, craftsman, to be bailies for the year ensuing.]
5 October 1666.
[The provost and bailies of this and the two preceding years elected thirteen merchants and twelve craftsmen to be on the town council for the ensuing year.]
10 October 1666.
Dean of gild, etc.
[John Walkinshaw, dean of guild; John Miller, deacon-convener; Robert Scot, treasurer; Thomas Padie, water bailie; John Miller, visitor of maltmen; Thomas Bogle, master of work.]
Provest to Edinburgh.
It is concludit be all present that the provest goe east to Edinburgh the morne, to meit there with Silvertounhill and to sie if all things be cleir anent the closing the bargane betwixt the toune and him.
20 October 1666.
Statutis, breid, etc.
[Wheat loaf weighing 1 lb. to be sold for 12 d. Scots; tron stone of "ruch tallow," 40 s.; candle, 48 s. the troy stone.]
[John Herbertsoune continued bailie of Gorbals.]
[Mr. John Herbertsoune continued procurator fiscal.]
17 November 1666.
In respect the report goes that thair is som rysing in the west, contrare authoritie, in Galloway and wther partes in the west cuntrie, it is thairfor concludit that the townes people be putt in ane good postour for defence of the towne.
24 December 1666.
[Androw Moodie appointed to use the office of bailie of Gorballes till Michaelmas next.]