Appendix: Three Acts

Pages 265-266

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

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For keping clene the heavin of Leyth.

It is statute and ordanit be a richt nobill and michty lord Patrik erle Bothwell, Maister of Houshald till our Souerane Lord the King, and cheif provest of Edinburgh, with his avysit counsale burgessis of the samyn, forsamekill as it is heavely complenit to his lordschip that thair heavin of Leyth is daylie greitly fylit and hurt be the casting of mollassis, mwk, ballast of schippis, and siclyk in the said heavin, thairfore quhatsumeuir he be that may be owertayne castand ony maner of sic stufe in the said heavin fra this day furth it sall be lefull to the watter baillie to raise ane vnlaw of a mark of that persoun to Sanct Geillis wark, and gif it pleissis the barone bailyie he to raise ane vnlaw of viij s. to the kirk wark of Leyth, but favouris.—(This on ane lowse leif of sum wattir baillie court in January. Amangs the leiffis betuix 1530 and 1538. (fn. 1)Tr.)

17 June 1535.

Act of Parliament. For maltmakers.

Item, becaus our Souerane Lordis liegis, inhabitantis the burgh of Edinburgh and vtheris reparand thairto, ar gretlie oppressit and iniurit be the malt makaris of Leith and vtheris within and about the said burgh in selling of thair malt to hie and exhorbitand price for four five sex schillingis hiear than thai by the bere, tharefor it is statute and ordanit that the said maltmakaris in tyme cuming sall mak and sell thare malt for competent wynning, takand ij s. allanerlie mair for the boll of malt than the boll of bere is sauld and nocht abone, with certificatioun that quha commys in the contrar herof that the prouest and ballies of Edinburgh sall eschete the said malt, and the said maltmakaris takand mare than twa schillingis for the boll abone the boll of bere quhilk sall mak the different price salbe callit and pvnist thairfor as oppressouris of the kingis liegis, and particular justice courtis salbe sett to thame thairfore, and oure Souerane Lord sall gif commissioun to sik as plesis his grace best to call all the said maltmakaris, brekaris of this statute and act, before thame in the tolbuth of Edinburgh to do justice vpoun thame as thai think expedient, and to caus the said act and statute to be obseruit and kepit in all punctis.

Act of Parliament. Off craftismen browstaris, sellaris of salt and vittale within burgh.

Item, becaus of the gret oppressioun dailie done vpoun our souerane Lordis liegis becordonaris, smythis, baxtaris, browstaris and all vther craftismen, sellaris of vittale and salt, compelland thaim to pay for thair stuff and werkmanship exhorbitant prices to the gret scaith of all our Souerane Lordis liegis bringand sik derth in the cuntre that the samyn may nocht be sustenit, and for remeid hereof it is statute and ordanit that our Souerane Lord sall gif ane commissioun to certane his lordis and vtheris, quham his grace plesis best, to sitt and with thame the provest of Edinburgh and mak sik statutis and ordinancis as thai sall think maist expedient for the commoun wele, to caus all craftismen within the toun of Edinburgh and vtheris of the realme to mak gude and sufficient stuff and sell the samin of ane comptent price and to tak competently for thair werkmanschip and laubouris gif thai werk ane vther manys stuff and mater, and to mak all sellaris of vittale or salt to sell the samyn of ane ganand price without derth, and quha dois in the contrar to pvnys thame with all rigour, and the saidis commissaris to do justice vpoun the brekaris of thir ordinances als oft as thai here murmuris or complant thairof, and to pvnis thame in thair gudis as thair find the gretnes of the falt as efferis.


  • 1. The date of the above Act cannot be assigned to this period. Patrick, the third Earl of Bothwell, succeeded his father (who fell at Flodden) in 1513, and lived till September 1556, but there is no evidence of his ever having been Provost of Edinburgh. During the period between 1530 and 1538, he was in disgrace, and was regarded with well-founded suspicion. In 1529, he was imprisoned for protecting marauders on the borders, and remained six months in confinement. In 1531, he entered into treasonable correspondence with the Earl of Northumberland, and on his return to Scotland was imprisoned in the castle of Edinburgh, where he still was in June 1533. In 1538, he was banished the kingdom, and is said to have resided in Venice till after the death of James V., which took place in 1542. The Patrick Earl of Bothwell referred to in this act, was probably Patrick Lord Hailes, created Earl of Bothwell by James IV. in October 1486. This nobleman stood high in the favour of his sovereign, to whom he was Master of the Household, and who appointed him Lord High Admiral of Scotland for life. He also held the office of keeper of the castle of Edinburgh, with three hundred merks of the customs of the burgh, and was Sheriff of the county of Edinburgh and constabulary of Haddington. He appears to have been Provost of Edinburgh in 1487. In all probability, therefore, the above act should be assigned to the year 1487–8.