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
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
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
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
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
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
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
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
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
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
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