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