Extracts From the Records of the Burgh of Glasgow Vol. 1, 1573-1642. Originally published by Scottish Burgh Records Society, Edinburgh, 1914.
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'Extracts from the records: 1609', in Extracts From the Records of the Burgh of Glasgow Vol. 1, 1573-1642, ed. J D Marwick( Edinburgh, 1914), British History Online https://www.british-history.ac.uk/glasgow-burgh-records/vol1/pp297-308 [accessed 4 October 2024].
'Extracts from the records: 1609', in Extracts From the Records of the Burgh of Glasgow Vol. 1, 1573-1642. Edited by J D Marwick( Edinburgh, 1914), British History Online, accessed October 4, 2024, https://www.british-history.ac.uk/glasgow-burgh-records/vol1/pp297-308.
"Extracts from the records: 1609". Extracts From the Records of the Burgh of Glasgow Vol. 1, 1573-1642. Ed. J D Marwick(Edinburgh, 1914), , British History Online. Web. 4 October 2024. https://www.british-history.ac.uk/glasgow-burgh-records/vol1/pp297-308.
In this section
16 January 1609.
Commissioneris chosin.
The provest, bailleis and counsell, being convenit for chesing of ane commissioner to be direct to Edinburgh for keping the conventioun of the estatis appoyntit be his Majestie thair the xxvj day of Januer instant, and to be thair the xxiiij day of the said moneth befoir the particuler day foirsaid, conforme to the will and desyre of his Hienes lettere direct to this burcht for that effect, hes nominat and appoyntit Mathow Trumble and George Huchesoun, commoun procuratour, to ryde with the provest to keip the said day of the conventioun, conforme to his Hienes lettere; and lykewise to attend vpone the actionis intendit be James Elphinstoun against the town and sukin thairof, and be Sir George Elphinstoun of Blythiswod contrar the customes of the ladill and brig; and ordanis commissioun to be grantit and maid to Mathow Trumble for keiping of the said conventioun, and xx li. to be allowit for evirrie ane of thair expenssis, with xx li. to be gifin to men of law and rasing of letteres, and xl li. to be allowit for the provest expenssis, and ane warrand to be maid and subscriuit be the clerk to the thesaurer for ansuering heirof.
1 February 1609.
Act, his Hyines stent.
The personis vnderwrittin ar nominat and chosin for setting doun the thrid yeiris payment of his Hienes taxatioun of four hundreythe thousand merkis, viz. for the merchandis, [seventeen persons;] for the craftis, [seventeen persons;] to be warnit to compeir in the counsalhous the morn at sevin houris to gif thair aithis for setting doun of the said stent, vnder the pain of horning, conforme to our Soueran Lordis letteris.
4 February 1609.
Act, collectouris of stent.
The provest, bailleis, and counsell hes nominat and appoyntit Michaell Brown, merchant, James Scot, maltman, to be collectouris of the present taxatioun of five hundretht and fiftie pund as for the thrid yeris payment of our Soveran lordis taxatioun of four hundretht thowsand merks; and the samyn to be collectit with diligence for eschewing of horning.
Act, Trumble, baillie.
The provest, bailleis, and counsell, vndirstanding that Mathew Trumble, baillie, hes debursit tuentie pund vpone the maserris, clerkis and agentis in obteining decreit vpone the custome of the brig and ladill suspendit be Sir George Elphinstoun, and that by and attour the first expenssis allowit to him as commissioner for the town to the conventioun in Edinburgh, and to George Huchesoun direct with him to attend vpone the said suspensioun and calling thairof; thairfoir ordanis ane warrand to be maid and subscryvit be the clerk to the thesaurer for payment thairof to him.
Act for fulzie.
The provest, bailleis and counsell, vndirstanding the grit derth of fulye, throw selling of the same to vnfrie men, and to sik as duellis nocht within thee town to the grit hurt and skaith of the nychtbouris thairof quha lawbouris land and beris burding in the town, contrar the laudabill statutis of this burgh maid and set down of old contrar the same, hes thairfoir statut and ordanit that na maner of persoun of this burgh sell thair fulyie to na maner of persoun bot to frie men and induellerris within this town quha beris burding within the same, vndir payne of xl li. sa aft as thej do in the contrar.
11 February 1609.
Act appointing the thesaurer to pursue for the touns common good.
The provest, bailleis and counsell, vndirstanding that sindrie of the townis annuellis ar lost and tint throw nocht exact taking vp thairof be the thesaureris of this burgh and citie for the tyme in tymes preceding, and sa passis out of vse of payment, to the grit hurt of the townis rent, thairfoir it is ordanit that the thesaurer present and to cum sall call and persew sik as refussis to mak payment of the townis annuellis, conforme to the townis rentell, to mak payment thairof be advyse and concurrence of the commoun procuratour and obtene decreit thairupone.
17 February 1609.
Summondis, brig and ladill.
The bailleis and counsell, being convenit for chesing and directing of twa of the counsell to Edinburgh to attend vpone the persewing and calling of the summondis rasit be Sir George Elphinstoun of Blythiswod, for himself and his tenentis, besydis mony vthir nobill men and gentill men quhome the said Sir George hes contenit in the saidis summondis, contrar the customes of the brig and ladill, as ane caus maist wechtie concerning the commoun rent of the town, hes nominat and appoyntit Mathow Trumble, James Inglis, bailleis, with George Huchesoun, commoun procurator, to ryde to Edinburgh to attend vpon the calling of the saidis summondis, and thair expenssis to be payit of the collectioun grantit be the merchandis and craftis be the dene of gild and dekin convener.
Act to convoy M'Clane.
The bailleis and counsell being chargit to convoy M'Clane to Lynlythquw, as he quha hes been in ward in Dunbartan, and to be presentit befoir thee counsell in Edinburgh be the capitan of Dimbartan, hes ordanit sex merchandis and sex craftismen sall ryde to accumpanie the said M'Clane to Lynlythquow, . . . . to be warnit to be readie to ryd the morne at sevin houris.
25 February 1609.
Act, Burn borrowit siluer.
The provest, bailleis, and counsell, being chargit befoir this tyme for payment making to the Clerk of Register of the sowme of ane hundrith pundis for printing of the bwik callit Regiam Maiestatem, and vndir danger of horning for the same, and the samyn nocht being yit stentit vpone thee inhabitantis of the town; for eschewing of horning, be the tenor heirof, grantis thame actuallie to haif borrowit and resauit fra William Burn, merchand, burges of the said burgh, the sowme of ane hundreth and sex pund for the effect foirsaid; quhilk sowme of ane hundrith sex pund, the foirsaid present provest, bailleis, and counsell bindis and oblissis thame and thair successouris in office, als weill present as to cum, to refound, content, and pay to the said William Burn, his airis, executouris, and assignayis, betuix the dait heirof and the viij day of Maij nixtocum, in anno 1609 yeiris, and in cais of nocht payment thairof at the term and tyme abone written, quhairby the said William and his foirsaidis beis compellit to rais chargis heirupone for payment thairof, in that cais, be the tenour heirof, oblissis thame and thair successouris in his office to pay to the said William and his foirsaidis the sowme of xx li. as for dampnage and incres and liquidat expenssis now modifeit and aggreit vpone be thair awin consentis renunceand all exceptioun, reasoun, or argument of suspensioun quhilk can or may be proponit or alledgit in the contrar.
31 March 1609.
Scharp.
Anent the bill and warning persewit be maister Patrik Scharp, principall of the colledge of the burcht and citie of Glasgw, maisteris Archibald Hammiltoun, Michaell Wallace, Walter Quhytefurd and Gabriell Maxwellis, regentis thairof, biering that quhair Blais Barrie, ane of the ordiner officeris of the said burcht, past at command of James Inglis, baillie, vpone the xv day of December 1608 yeiris, quhilk is fourtie dayis befoir the feist and terme of Candilmes last wes, and lawfullie warnit maister David Wemis, minister, at his dwelling hous, becaus he could nocht apprehend him personallie, in presens of Christen Jameson, his spous, William Wemis, his sone, Jhone Kirkland, Andro Gray and Jonet Guill, all personallie apprehendit, occupyeris and possessouris of the Vicaris Yairdis on the west syd thairof, occupyit sumtyme be vmquhill Bartilimo Sympsoun and fra the hous bigit thairvpone . . . . . to the effect that the said principall and regentis mycht enter thairto posses and occupy the sam at thair pleasour, as ane pairt of the patrimonie of the said colledge. [The bailies decern the parties to remove accordingly.]
8 April 1609.
Act for the stent of the Ilis.
The provest, bailleis and counsell, vndirstanding that the stent set down for outreiking of the men of weir to the Ilis, conforme to his Hienes proclamatioun, is nocht as yit compleitlie payit be the collectouris appoyntit for collecting thairof be the dean of gild for the merchandis and be the deakinis as collectouris for thair awin craftis, thairfoir ordanis the generall roll to be producit be Thomas Brown, and Mathow Calmeroun and Andro Dowie, collectouris to the merchandis, to produce thair particuler roll gifin to thame for the merchandis, and the dekin convener to caus ilk deakin produce thair particuler rollis.
29 April 1609.
Act for help of the Kirk.
Comperit maister John Bell and maister Robert Scot, ordiner ministeris of this burgh and citie, as direct from the sessioun to deploir the present hurt of the Hie Kirk and Metropolitan of this Diocie and apperand rowen thairof, gif the same be nocht suppleit and presentlie helpit, eftir consultatioun had vpone sindrie meanis and helpis to be socht, first of his Majestie, and for ingetting of the siluir of ald laid vpone sindrie gentill mennis landis callit the commonis of the kirk, and last of ane voluntar supplie and help to be socht of evirrie zealous nychtbour of this town and parochin thairof and baronie likeuise, hes concludit for the present that the voluntarie help of all zealous personis be socht, and sum speciall honest men of this town, with the bailleis and ministrie, to collect the same and eftir my Lord of Glasgwis hamecuming to tak farder resolutioun concerning the vthir meanis. And for collecting of the said voluntarie help hes nominat George Muir, [etc.]
16 May 1609.
Act anent the libertie of the wattir.
The provest, bailleis and counsell, vndirstanding that the libertie of this burgh, and speciallie of the wattir, peir, and mercat place thairof, is grittumlie abusit be sindrie personis quha bringis tymbir, victuall, fische, hydis and skynnis thairto, and that be selling of thee same on the ryver or at the Brwmelaw to vnfrie men, and be making of mercat thairof vpone the vthir syde of thee wattir befoir they be lossit, to the grit hurt of the libertie of the wattir, mercat place, and peir thairof, and hindir of the custome of the brig, expres contrar the actis of parliament and lawis of this realme maid in favouris of frie burrowis and liberteis thairof, hes thairfoir statut and ordanit that na manir of persoun quha bringis tymbir, victuall, fische, viverris, skynnis, or hydis within the libertie of this burcht and fredome of the wattir at ony tyme heirafter, tak vpone hand to sell the same to vnfrie men and mak delyuirrence thairof vpone the vthir syde of the wattir, vndir the paynis contenit in the actis of parliament and vnlawis of twentie pund to be tane of the byer and also of the seller.
19 May 1609.
Act for warning of the town.
The provest, bailleis and counsell, vndirstanding that the Erll of Glencarn and thee Lord Sempill, with thair freindis, ar to be in this town Mononday nixt the xxij day of Maij instant, conforme to the ordinance of the secreit counsell for appoynting of thair deidlie feidis, thairfoir, for eschewing of all inconvenientis of truble quhilk may happin (quhilk God forbid !) hes consultit and advysit that the numbir of fourtie personis, with ane of the bailleis and haill counsell, attend vpone the provest and follow his lordschipe, and that ilk ane of the vthir twa bailleis, and thre score men with ilk ane of thame, attend vpone the ludgeingis of the said nobill men; all the foirsaidis personis to haif lang wapinnis and swordis quha sall accumpanie and convoy the said nobill men with their freindis in and out in making thair reconcialitioun, conforme to the ordinance of the secreit counsell; and the drwm to pas throw thee toun to adwertis and warn all the inhabitantis in generall to be in redines with thair armis foirsaid vpone Mononday nixt at sevin houris on the Grene with the provest and bailleis, that the foirsaidis numbir of the saidis personis may be chosin and electit to the effect foirsaid, and that vndir the payne of five pundis, and na fyre werk to be usit that day.
6 June 1609.
Brig, ladill.
[The custom of the bridge set to George Andirsoun for the current year at 500 merks; the custom of the victual ladle to Peter Ferrier for 1130 merks.]
Thesaurer, maister of work, minstrellis.
[Robert Hogsyard chosen treasurer; John Burnis, merchand, chosin master of work; "the ministrellis contenowit."]
12 June 1609.
Act for my lord of Glasgu.
The bailleis and counsell convenit, and haifing resauit ane lettere of requeist fra my lord of Glasgu requeisting to direct sum discreit honest men to accumpanie his lordschipe the tyme of the parliament, quhilk, his lordschipe requeist, the balleis and counsell hes thocht gude to obey for mony gude respectis, thairfoir hes condiscendit that ten honest discreit men salbe appoyntit to ryde, viz., . . . .
19 August 1609.
Act for the brig.
The bailleis and counsell, vndirstanding the grit brig ovir Clyde to be grittumlie abusit be laying fulyie at baith the endis thairof, thairfoir be this present act inhibittis and dischargis all manir of personis, frie or vnfrie, to lay ony manir of fulyie at any the endis of the said brig within or without the port, teme or ovir schwte fulyie vpone the brig in tyme cuming, vndir payne of x li. and eschewing of the fulyie; and siklyke that na manir of persoun carie or transport wattellis or oyse inlangis the brig vpone carris or sladis, vndir payne of xl s. And ordanis this present ordinance to be publist be sound of drwm.
Kingis day.
The bailleis and counsell ordanis ane warrand to be grantit to the maister of werk, John Bornis, for ansuering him of xvi li. x s. as for expenssis of wyne and confeitis spent at the Croce vpone the fyfte of Julij, the Kingis day, my Lord of Glasgu being present with sindrie vthir honorabill men.
30 September 1609.
Craig convict for contempt of the magistrat.
Andro Craig, skynner, being convenit and accusit for abusing of Mathow Trumble, baillie, vpone the xj day of September, being Mononday, ane mercat day of the said burgh, in presens of the commoun pepill and mercat folkis, in saying to him, eftir that the said baillie, for just and reasonabill caussis, had commandit him to entir in ward, that he had na power to charge him in ward, and being vp the tolbuith stair be the officearis, at command of the said baillie, maist contempteouslie sayis to the said baillie: And thow wart out of thy office, I sould be fit syde with the, to the grit contempt of his Hienes autoritie in the said bailleis persoun; and being present in the tolbuith said he sould put the tolbuith vpone fyre. The said Andro, personallie present, confessit that, he being put in the heich hous and ward hous of the tolbuith, he kendlit ane certan quantitie of the stray quhilk wes in the said ward hous, in his angir and wrath, but denyit the iniuring of the said baillie in manir foirsaid; quhairupone honest and famous witnessis being led, the said baillie previt the said contempt sufficientlie; for the quhilk the said Andro Craig present become in [will] of the provest, bailleis, and counsell for his grit offence and contempt, and offerit him to vndirly quhat evir the provest, bailleis, and counsell of the said burgh wald injoyne to him. The bailleis and counsell present ordanis the said Andro to be wardit during the bailleis and counsellis will quhill forder ordour be tane with his contempt be advyse of the counsell Tysday nixt the thrid of October.
3 October 1609.
Provest admittit.
[There was presented to the bailies and council "my Lord of Glasgwis lettere recommending to thame James Inglis, merchand, to be provest for this yeir to cum, and that conforme to the act of parliament ordaning that ane actuall recident burges and traffiquer sould beir office of provestrie within all burrowis," conform to which letter the bailies and council admitted James Inglis provost for the year to come.]
Bailies.
[From a leet of nine, nominated by the bailies and council, my Lord of Glasgow appointed Mathow Trumble, James Braidwod and George Muir to be bailies.]
7 October 1609.
Consilium.
[Consilium:—Twenty—three persons, eleven of them being of the "craftis."]
Statut for making of burgessis.
The provest, bailleis and counsell, haifing weyit and considdrit the grit hurt and inconvenient quhilk in tyme bigane hes hapnit to this commoun weill be admitting and resaifing of burgessis, nocht onlie in the thesaureris handis verie oft within the ordiner price set down thairupone, bot be admitting and resaifing of burgessis in fauoris of the provest and bailleis and sindrie vtheris to quhome they haif grantit burgessis to be admittit for thair commoun seruice, as to maister Johnne Blakburne, maister of thair Grammer Scole, thair clerk, thesaurer, and maister of werk. For remeid quhairof hes concludit, statut, and ordanit that na manir of burgessis, of quhatsumevir conditioun or stait, salbe admitted, sworne and resauit within this burgh in tyme cuming bot sik as salbe sworne, resauit, and admittit in presens of the dean of gild and his counsell, and that vpone his ordiner court day within the counselhous, and that for payment to the thesaurer of this burgh and citie for the tyme of the fynis set downe and contenit in the actis and statutis of the town, and gif ony be admittit, sworn, or resauit within the price set down and contenit in the saidis statutis, or admittit gratis be the said dean of gild and his counsell, the said dean of gild sall pay thee same to the thesaurer for the tyme himself; and lykewise, thee said dean of gild to be comptabill to the twa hospitallis for the five merkis addebted to thame of ilk burges that hapins to be maid, conforme to the lettere of gild brotherheid, and the saidis burgessis to be bwikit in the dean of gildis bwik, and that everrie ane of the saidis burgessis to be admittit as said is to bee sworne to observe and keip the statutis of the sukin; and the thesaurer to be comptabill yeirlie in his comptis of the haill fynis of the saidis burgessis. And for thee mair sure obsyrveing and keping of this present act and conclusioun, the provest, bailleis, and counsell present, with ane consent, for thameselfis and thair successouris in office, hes denwdit and secludit thame and thair successouris in office of thair ordiner burgessis in all tyme cuming and of all admitting be thame of burgessis bot as said is. For the quhilk caus it is ordanit that the thesaurer present, and all vthir thesaureris of this burgh and citie in tyme cuming, pay to the provest and bailleis, clerk, thesaurer and maister of werk the feis vndirwrittin, viz., to the provest for the tyme the sowme of fourtie pundis, to ilk baillie the sowme of xx li., to the clerk xv li., to the maister of werk xv li., to the said thesaurer to be allowit to him in his comptis xv li. And gif ony burges be admittit heireftir bot in forme and manir abone written his admissioun to be null as gif he had nocht ben admittit.
Statut for cheis.
Item, it is statut and ordanit that all cheis to be sald in this town vpone the mercat day be laid furth vpone standis, flaikis, or burdis, in the mercat place, vndir payne of xlj s. ilk falt.
Statut for butter and cheis.
Item, it is statut and ordanit that nather butter nor cheis be sald in grit befoir xj houris in the day, vndir the payne of xxxij s. to be taikin of the seller and xvj s. to be tane of the byer; and that nane be sald or bocht in grit within howssis, wndir the payne foirsaid; provyding it salbe leasum to our Soveran Lordis legis to by buttir and cheis to thair awin provisioun in thair awin howssis as they sall think expedient.
Statutis rat feit.
Item, the remanent statutis of aill, breid, candill and talloun continewit to be set down for xv dayis that the certantie of thair pricis be knawin; and the remanent statutis of ald set down for the weill and proffit of this town ratifeit and approvin, quhilkis with the statutis abonewrittin ar ordanit to be publist Mononday nixt in tyme of mercat the ix of this instant.
Statute for talloun.
The provest, bailleis, and counsell, weyand and considdring how that the act of parliament maid anent transporting of talloun is grittumlie abusit and brokin be free men of this burgh and citie, vndir craft and cullour of thair fredome, be bying of talloun in grit fra frie men of this burgh quha hurdis and hydis the same in grit quantitie all the tyme and seasoun that the nychtbouris thairof and vtheris our Soveran lordis legis hes neid and mister thairof to serve thair awin houssis, and thaireftir secreitlie transportis the same against the act of parliament, to the grit hurt of our Soveran Lordis legis and speciallie of this town; for remeid quhairof it is statut and ordanit that na manir of persoun of this town by ony talloun in grit quantitie at na tyme heireftir to rynde or melt, vndir payne of ane hundreth pund, without preiudice of confiscatioun thairof conforme to the act of parliament incais the same be transportit.
Blude.
Item, it is statut that all sik personis quha committis blude heireftir sall remane in ward the space of xxiiij houris befoir cautioun be tane of thame.
10 October 1609.
Dekin convener, visitour.
[The provost and bailies having nominated seventeen merchants and seventeen craftsmen for choosing of the deacon convener from a leet presented to them, the persons so nominated elected Thomas Morsoine deacon convener. The provost, bailies and council elected James Fischer to be visitor.]
14 October 1609.
Statute for the Ryver.
The provest, bailleis, and counsell, vndirstanding that the wattir and thair river of Clyde, and speciallie thair peir and port at the Brwmelaw, is grittumlie abusit be sik personis quha bringis thair barkis and boittis thair, be casting of the ballast of thair saidis barkis and boitis in the said river, speciallie at the said Brwmelaw, and without the same be restranit be sum lauchfull pwinschement will becum altogidder vnproffitabill; thairfoir be this present act inhibitis and dischargis all manir of personis, frie or vnfrie, quha bringis thair barkis or boitis in the said river, and speciallie at the Brwmelaw, that they nor nane of thame in tyme heireftir cast the ballast of thair saidis barkis or botis in the said river in na pairt thairof, and speciallie at the Brwmelaw, vndir payne and penaltie of five pundis money, toties quoties, to be tane of thame that is fund to do in the contrar, and to be pwnisit farder at the sicht of the provest, bailleis, and counsell, and that they lay thair said ballast fourtie fute without the flude mark; and ordanis the wattir seriand to sie this statute observit and kepit in all tyme cuming, vndir payne of depryving him of his office gif he salbe fund slewthfull and negligent heirintill.
17 October 1609.
Dean of gild chosin.
[The provost, bailies, and council having nominated thirteen merchants and thirteen craftsmen for choosing of the dean of guild from a leet presented to them, the persons so nominated elected James Bell to be dean of guild.]
21 October 1609.
Statute of talloun, candill.
[Ordained that tallow be sold at 38s. the stone, and candle at 3s. 4d. the pound.]
28 October 1609.
Act for the commoun quarrell.
The bailleis and counsell, vndirstanding be the supplicatioun of John Bole, quariour, that the commoun quarrell besyde Sanct Mungois trie aboundis sa in wattir that the tirrit quarrell and craig thairof and the win werk lyand in the same can nocht be wrocht nor tane avay becaus of the said wattir, and thairthrow the town disapoyntit of stanis to thair biging, seing that thair is na vthir quarrell about the town quhair stanes may be had for biging; for help and remeid quhairof it is concludit, statut, and ordanit that the same be helpit be commoun darkis of xxiiij personis ilk day quhill ane seuch be cassin, quhairby the wattir that standis in the said quarrell may haif passage; and for that effect to begin at the Briggait, nixt at the Stokwell and vennellis, nixt at the Saltmercat, nixt at the Gallowgait and Tronegait, and thairfra vp fra the Croce to the Wyndheid, Rattownraw, Drygait and Stabillgren; and to begin heirto Tysday nixt the last of October, and ilk day to pas furth at viij houris, and ane of the bailleis or sum of the counsell to pas furth with the saidis personis as they salbe warnit and requirit, and ilk persoun warnit to the said werk that disobeyis to pay xvj s.; and ordanis the said John Bole to mak the bailleis dewlie foirsene quhen the saidis personis salbe warnit.
9 November 1609.
Act for commissioner to Lundown.
Thee bailleis and counsell, dekinnis, and certan merchandis of that numbir of the sevinten men of the merchand hospitall appoyntid for the merchand effaris, being convenit to consult vpone ane commissioner to be direct, in companie with my Lord of Glasgu, to the Kingis Majestie to lament and deploir to his Hienes the rwein and daylie decay of our Metropolitan Kirk, river, and brig, and to swit his Hienes help and supplie thairto, hes condiscendit and aggreit that ane commissioner be direct to the effect foirsaid, quhome they haif nominat to be maister Robert Scot, ordiner minister of this town; and ordanis ane commissioun to be maid and formit to him vndir subscriptioun of the clerk and seill of office, with provisioun and conditioun that quhatevir it pleis his Majestie to grant for help and supplie of the said kirk, brig, and river, that the same be takin in the persoun name and behalf of the communitie of this burcht and citie, and the said commissioner to be ansuerabill for the same to the town.
14 December 1609.
Burgessis.
The provest, bailleis, and counsell, eftir reasoning had be thame concerning the five merkis money exactit and cravit be the dean of gild and dekin convener to be payit to the twa hospitallis of burges sonis, and of thais quha mareis burges dochteris, quhen they ar admittit burgessis, resoluis and declaris that all burges sonis and sik quha mareis burges dochteris aucht to be frie of the said five merkis and of all payment thairof in tyme cuming.