Extracts from the Records: 1542

Pages 110-111

Extracts From the Records of the Burgh of Edinburgh, 1528-1557. Originally published by Scottish Burgh Records Society, Edinburgh, 1871.

This free content was digitised by double rekeying. All rights reserved.



20 January 1541-2.

Villa, Malcome.

The quhilk day, in the presens of the prouest and baillies sittand in jugement, comperit Jhonne Malcome on that ane pairt, with William Elphinstoun his curatour, end aggreit with the gude toun anent the viij merkis annuell quhilk the said Jhonne aucht to haue of the gude toun be ressoin of the hous bocht fra James Prestoun at the eist end of the entres to thair kirk, quhilk wes detbound to the said Jhonne of before the doun casting thairof, in this maner that the gude toun sall pay to the said Jhonne the ane half of the avale and sowme, viz., comptand xvij merkis for the merk betuix this and Pasche nixt to cum, and that vther half at Witsounday nixt thairefter, and that precepttis be direct heirupoun, or ellis that he be termelie ansuerit be the thesaurer of the samyn quhill the said payment be maid, and he till renunce his rycht at the making of this letter payment ordourlie as efferis.

1 March 1541-2.

Kirk, Grottell Prebendrie sett in few.

The baillies connsale and dekynnis consenttis that the few of the landis of Grottell set be Sir Richert Lausoun thair prebender to Alexander Scott sone of Walter Scottis for the augmentatioun of iij merkis yeirlie, be past vnder thair commoun seill, etc.

28 May 1542.

Decree.— Hob. Ormestoun, the Kingis donatour, contra Burgh of Edinburgh.

Gif ony man committis slaughter within Edinburgh, and beis apprehendit and convict thairfoir, the escheit of his moveabill gudis aucht and sould pertane to the burgh and communitie of Edinburgh, ratione criminis commissi infra burgum. But gif ony persoun committis slauchter within the samin burgh, and is fugitiue and denuncit rebell for non-compeirance to underly the law thairfoir, in that cais his escheit aucht and sould pertane to the King, becaus in this cais his escheit fallis not be reasoun of crime committit within the burgh, but by reasouu of his non-compeirance. (fn. 1)

4 October 1542.

Cruvis, middings, tar barrellis.

It is statute and ordanit be, etc., That all maner of persouns haifand ony cruvis for swyne at thair stairis and sydewallis foment the hie streitt or in commoun venellis, and siclyke that hes middings and fuilyie collectit, or hes tarbarrellis in the hie streitt, remoue the samyn incontinent within six dayes nixt heirafter, vnder the payne of xviij s. till be taikin but favour and applyit to the calsy; certefeand thame and thai failyie thairin, the said xviij s. sall be tayne of ilk ane of thame and applyit to the said calsay, and thair said cruvis cassin downe and destroyit with all rigour, thair fuilyie disponit vpoun, and thair tar barrell heidis strikin vp.


  • 1. This decree seems to have settled a question raised in 1535, in the case of Alison Rouch, who, with her daughter, Catherine Menzies, was convicted of the murder of Alexander Cant, husband of the said Catherine. By gift, dated 3d September 1536, the King granted Alison's escheat to David Wood. The provost of Edinburgh remonstrated against this gift, however, and claimed the escheat in virtue of the town's right by royal charter; but the King, by an order dated 6th September 1536, refused to recognise the claim, and required his gift to be given effect to,-consenting that, for the time to come, the judgment of the Lords of Council should be taken on the claim, and that for that purpose the rights and evidents of the town should be submitted to the said Lords. A memorandum in the archives of the city bears that the escheat, in this case, passed from the town, in consequence of the King's request, and the fact that Alison and Catherine were put to the horn not by reason of their being justified, but by reason of their being fugitive from the law. [Inventwy of City Charters, Vol. I., pp. 99-101.]