Extracts from the records: 1638

31 January 1638.

Anent the manufactorie.

Foirsameikle as Robert Flemyng, merchand, and his partineris, ar of mynd and intentioun to erect and tak vp ane hous of manufactorj within this brughe, quhairby ane number of the poorer sort of pople within the samein may be imployit and put to wark, and the saidis provest, bailyeis, and counsall, considdering the grait good, vtilitie, and proffeit will redound to this brughe and haill incorporatioun thairof thairby, they have concludit, all in one voyce, for the said Robert his better incuragment to the said good wark, to sett to him ane latt and tak of thair grait ludging and yaird at the back thairof lyand within this brughe in the Drygait, except the twa laiche foir voutis and back galreis att the back of the samein, lyand be eist the entri of the said grait tenement, and of the buithe vnder the Tolbuithe presentlie occupyit be James Wood, all maill frie or ony vther kynd of dewtie, during the spaice of fyftein yeiris efter his entry, and they to vphold the ruif of the said grait tenement vpon the tounis chargis and expenssis during the said spaice.

24 February 1638.

Commissioneris, buik of commoun prayer.

Coline Campbell, ane of the present bailyeis of this brughe, Gabriell Cwnynghame, Ritchart Allane, and George Porterfield, ar electit to ryd to Edinburgh as commissionaris for the toun to concur with the remanent bourrowes of this kingdome so far as lawchfully may be done anent the buikis of canones and commoun prayer.

26 February 1638.

Commissioun.

The foirsaidis provest, bailyeis, and counsall ordaines thair clark to draw vp and subscryve ane commissioun, and to delyver the same to Coline Campbell, Gabriell Cwnynghame, Ritchart Allane, and George Porterfeild, thair commissionaris appoyntit to ryd to Edinburgh, in this forme and maner, viz., beiring thame to be constitut thair commissionaris, conjunctlie and severallie, with full power to thame, in name and behalf of the saidis provest, bailyeis, and counsall, to meitt and convein with the remanent commissioneris of burrowis of this kingdome presentlie convenit att Edinburgh, or ellisquhair whair they sall happine to meitt and convein for the tyme, and thair to concur with thame in humble supplicating thair sacreid Soveraigne concerning the buikes of canones and commoun prayer vrgit to be brought in in our Kirk of Scotland, and anent the hie commissioun, swa far as concernis Godis glorie, his Majesteis honour, and preservatioun of trew religioun professit within this kingdome and approvine be laudable lawis thairof, and to go on and conclud with the noblemen, barownes, borrowes, ministeris, and vtheris his Majesteis loyall subjectis convenit to that effect, swa far as lawfully may be done, and generallie to doe all vther thingis anent the premissis quhilk they might doe thameselffis if they war personallie present, quhairatt they bind and obleis thame to stand and abyd firme and stable.

17 March 1638.

Stirling.

Walter Stirling is ellectit to ryd to Edinburgh as commissionar for the toun to attend the borrowis meitting thair, and ordanis him to have ane commissioun conforme to the last commissioun grantit to Coline Campbell, bailyie, and his colliegis.

2 April 1638.

Anent ane watche.

It is ordanit that ane watche be keipit nightly in the toun during the spaice of ane monethe to cum at the discretioun of the magistrattis.

13 April 1638.

Anent salmound breking.

The provest, bailyeis, and counsall, wnderstanding the grait abuse done and committit be William Andersone, present breker of the salmound, in taking sutche grait and exorbitant pryces for the taillis of salmound att his awin pleasour and optioun, far exceiding the prycis that war wont to be takine of old; for remeiding quhairof it is statut and ordanit that the said William, nor na vtheris the breckeris of salmound att the tounes commoun stock, tack na mair for salmound tallis heirefter except the pryces following, viz., aught pennis for the tail of ane lytill salmound, and sextein pennis for the taill of ane meikle salmound, and that vnder the pane of deprivatioun presentlie, the samein being tryit; and yeit for the regaird thej beir to the said William they will oversie him to tak during thair willis onlie tuelff pennis for the taill of ane lytle salmound, and twa schillings for the taill of ane meikle salmound.

21 April 1638.

Anent vnfrie fleschouris.

It is statut and ordanit that in all tyme heirefter that the haill vnfriemen fleschouris hanting and frequenting the land mercatt sall not slay ony flesche on the Hie Streitt, bot in bak sydis, and to present na flesche to the mercatt bot att the mercatt houris.

5 May 1638.

Musick scole.

Foirsameikle as of befoir thair was ane act sett doun in favouris of James Sanderis, reidder, that na maner of persone sould be permittit to teitche musik within this burgh, or keip ane schooll to that effect, except himself allenerlie, as the act in the selff beiris; and now seing that the musik schooll is altogidder dekayit within this burgh, to the grait discredit of this citie and discontentment of sindrie honest men within the same who hes bairnes whom they wold have instructit in that art, and that Duncane Birnet, who sumtyme of befoir teatchit musik within this brughe, is desyrous to tak vp the said schooll againe and teitche musik thairin, quhairpon the saidis provest, bailyeis, and counsall convenit the said James Sanderis befoir thame, and efter deliberatioun thairanent they, with consent of the said James Sanderis (in respect of the former act sett doun in his favouris,) hes grantit licence to the said Duncane Birnett to tak vp ane musik schooll within this brugh during thair will and pleasouris, he taking fra the toun barnes suche skollegis as is contenit in the act sett doun of befoir in favouris of the said James Sanderis.

Act in favouris of the weiferis.

Forsameikle as Ritchart Allane, deacone conveinar, reportit in counsall that the wiveris friemen within this burgh feirit that the erecting of the manufactorie within this burgh sould prove hurtfull and prejudiciall to thame, thairfor Patrik Bell, ane of the vndertakeris, for himselff and in name of his partineris, was content that it sould be inactit and ordanit that during the tyme of the tack sett to thame be the toun of that hous in Drygait and the vse of the buithe wnder the Tolbuithe for the vse of the said manufactorie, that thair suld be no woovis wovin of townis folkis thairin be thair servandis in hurt and prejudice of the said friemen, bot by thais onlie wha are frie with the calling. And swa the saidis provest, bailyies, and counsall ordanit the same to stand in force during thair tak of the said manufactorie.

15 May 1638.

Mills, etc.

[The following common good rouped and set for a year, viz., the mills, £4200, with 42 bolls unground malt; the ladle, 2500 merks; the meal market, 530 merks; the tron, 465 merks; the bridge, 550 merks.]

26 May 1638.

Commissionaris.

Coline Campbell, bailyie, [and four others,] ar ordanit to ryde to Edinburgh to meitt with the remanent commissioneris of burrowis thair for giving of thair best advyse for settling of the present comotiounes of this kingdome.

14 July 1638.

Act for repairing brigis.

The provest, bailyeis, and counsall hes concludit to give to Robert Flemyng, ane of the bailyeis of Edinburgh, ane hundrethe pundis money to help to repair the twa bridges neir Kilsythe quhilkis he is of intentioun to repair, viz., ane att the Quenizie burne and the vther be eistellit the same; and na pairt thairof to be payit quhill the wark be half compleit.

21 July 1638.

Warrand, greivances of the countrie.

Ordanes the thesaurer to have ane warrand for the sowmis following, debursit be him to the commissionaris wha attendit in Edinburgh with the remanent commissioneris of borrouis since the fourt of Junij last attending ane gracious ansuer of his Majestie anent the present greivancis of the cuntrie viz., . . . summa of the haill foirsaidis sowmis extendis to four hundrethe thrie scoir sewintein pundis tuelff schillingis aught pennis.

Bark saye.

The provest, bailyeis, and counsall, wnderstanding the grait abuse done be the tanneris and barkeris within the samein by keiping and holding of severall sayes for missoring of bark . . . ordanit that thair be four new sayes and missouris maid be the maister of wark for the missoring of the haill bark to be broucht to this brughe heirefter, [and none other to be used].

1 August 1638.

Proclamatioun, armour.

It is statut and ordanit that na maner of persone within this brughe presum nor tak vpon hand to lend any kynd of thair armour to ony persoun quhatsumever duelling without the samein, and that all fencible persones within this brughe have thair armour in full reddines for schawing of thair musteris vpon tuenty four houris warning, as also that all persones within the brughe wha ar not preparit in armis as yett that they be sufficientlie preparit with arms with all diligence to the effect foirsaid, ilk persone vnder the paine of tuentie pundis; and ordanis this to be intimat throw the toun with sound of drum.

4 August 1638.

Commissioner to conventioun.

Forsameikle as Coline Campbell, ane of the present bailyeis of this brugh, being ellectit commissionar to the generall conventioun of borrowis to be haldin att Stirling this instant yeir of God j^m vj^c threttie aught yeiris, and in regaird he hes abstractit himselff thairfra, and hes disapoyntit the toun thairanent without ony lawfull excuise and neglecting the publict effairis, quhairby this brugh might have been indangerit and onlawit in severall onlawis, and as also in thir evill dayes discreditit, and thairfor it is statut and ordanit that att his homcumming he be onlawit and punischit so far as may be in law; and the saidis provest, bailyeis, and counsall hes requeistit Johnne Barnis to keip the said conventioun as commissionar for the toun att Stirling the seavint day of August instant . . . and als William Neilsone is electit and appoyntit assessor to him.

11 August 1638.

Warrand, Stockwall, etc.

Ordanes the thesaurer to have ane warrand for the sowme of fyftie pundis money debursit be him to Johnne Boyd for translating of the Stockwall of the Hie Strett and setting the samein doun in ane vther place, and for taking doun the wall at the Croce, covering the samein, and for translating the heid that was thairon and setting it on the said new wall in the Stockwall gaitt.

Armour.

It is concludit and ordanit that William Hynschaw, maister of wark, by to the townis vse fyftie muskattis, with stalfis and bandeleiris conforme, and fyftie peckis; and becaus he is gon to Flanderis ordaines ane lettere to be direct to him to that effect.

25 August 1638.

Commissioneris, vicissime.

Foirsameikle as the provest, bailyeis, and counsall foirsaid, vnderstanding the grait chargis and expenssis this burghe hes bein drawin to heirtofoir be sending commissionaris to Edinburghe anent the commoun caus in hand, and that vpoun the townis chargis allenarlie, and thairfoir thay have concludit, statut, and ordanit that twa of thair number sall ryde to Edinburgh and attend thair weiklie wisissime vpon thair awin chargis, and to freithe the toun thairof; lykas James Crane and Johnne Andersone, younger, ar ordanit to attend the first week.

8 September 1638.

Report of commissioner to conventioun.

Johnne Barnis, wha was commissioner att the generall conventioun of borrowis haldine att Stirling, maid his report quhilk was allowit, and intimat the act sett doun anent the subscryving of the lait new covenant.

Anent dreilling.

It is ordanit that thair be ellectit thrie scoir of young men apt to be tranit vp in handling of thair armis, and to begin on Tuisday nixt, and the dreiller to have for his paines fourtie schilings ilk day for his cuming out of Edinburgh till he be dischargit, with his hors hyre hom and afeild.

15 September 1638.

Wallace, manufactorie.

It is ordanit that maister William Wallace be satisfeit of all bygane annuelrentis adebtit to him out of the hous of manufactorie, be giving his aithe first what is trewlie awand, and the officeris of this burgh to assist him in ingatherine of the rest of the dewteis belonging to him as maister of the Grammer School.

29 September 1638.

Warrand, manufactorie.

Ordaines the thesaurer to pay to maister William Wallace, maister of the Grammer School, the sowm of tuelff pundis ten schillings yeirlie dewtie adebtit furth of the hous of manufactorie.

2 October 1638.

Bell, provest Bailleis.

[At the desire of the archbishop, Patrik Bell admitted provost.]

[From a leet of nine, the archbishop nominated Henrie Glen, Mathow Hamilton and William Neilsone, bailies.]

5 October 1638.

Council.

[Thirteen merchants and twelve craftsmen elected councillors.]

8 October 1638.

Generall assemblie.

Foirsamekle as the saidis proveist, bailyeis, and counsall, wnderstanding that his sacreid Majestie hes bein graciouslie pleasit to indict ane Generall frie Assemblie to be haldin and begin in this citie the tuenty ane of November nixt, be the quhilk it is expectit that ane grait number of noblemen, commissioneris from presbitreis, and vtheris com missioners, will repair hither, tharfor it is statut and ordanit that na burges nor inhabitant within this brughe sett or promeis to sett for maill dewtie or vtherwayes, or yeit lend to ane freind any hous, chalmber, or stable, wntill they first acquent thais thairwith who sall be appoyntit be the provest, bailyeis, and counsall to that effect, and obtene thair licence thairto, to the end that everj ane may be ludgit according to thair qualitie and abilitie of this citie, vnder the pane of ane hundrethe pundis, lossing of thair liberty, without favour to be execut, and imprisonment of thair personis during the magistrattis willis; as lykwayis that all give obedience to thais who are appoyntit to survey the haill houssis within this brughe, conforme to the ordour givin thame be the saidis provest, bailyeis, and counsall; as also that nane expect moir dewtie for thair houssis, chalmberis, bedis, and stablis, nor sall be appoyntit be the saidis provest, bailyeis and counsall, and with the whilk they sall be tymouslie advertised, vnder the lyk paine, without favour, to be inflictit. And ordanes the samein to be intimat throw the toun with sound of drum, to the effect that na persone pretend ignorance.

10 October 1638.

Dean of guild, etc.

[Walter Stirling elected dean of guild; Ritchart Allane, deacon convener; Walter Neilsone, visitor; Androw Mairtein, treasurer; William Hynschaw, master of work; Thomas Glen, water bailie.]

20 October 1638.

Hie Kirk, assemblie.

Forsameikle as the saidis provest, bealyeis, and counsall, wnderstanding the grait paines that is to be takin about the Hie Kirk for the making of the sait of the assemble approching, repairing of the fluir of the vter kirk, taking doun certane windowis in the iner kirk, biggit vp with stone and putting glas thairon, and vther warkis thair incumbent as occasioun sall offer, quhilkis wark cannot be commodiouslie attendit vpon be the provest or bailyeis or maister of wark in respect they ar vtherwayes imployed, tharfor they have concludit and ordanit that James Colquhoun, wright, attend the saidis warkis and warkmen during the working thairof, and to give his best advyse for making of the sait for the vse of the said assemble, and they to pay him honestlie for his paines; and the said James being present acceptit the said charge in and vpon him and becam in the will of the provest and bailyeis for his paines.

24 October 1638.

Statuta.

[Ordained that no higher prices than the following be charged, viz.: ale, 1s. 4d. the pint; bear, 1s. 8d. the pint; the loaf, 11 ounces weight, 1s.; tallow, 46s. 8d. the stone; candle, four merks the stone Ratified and approved "the remanent auld actis and statutis sett doun for the weill of this brughe of befor."]

3 November 1638.

Statut, gaird, watch.

The provest, bailyeis, and counsall, wnderstanding ane grait number of people to convein within this brughe at the Assemblie enschewing, thairfor they have statut and ordanit that thair be ane gaird of men keipit within this brughe be day, and ane watch be night, att the sight, will, and arbitriment of the provest and bailyeis.

8 November 1638.

Commissiwnar for the assemblie.

The forsaidis provest, bailyeis, and counsall, wnderstanding that thair will be certane grait and wechtie materis handlit in the Assemblie enschewing to be keipit within this brughe, quhilk may concerne thame verie mutche, and befor they wald mack choyse of ane commissioner to the said assemblie they thought good that ane act sould be sett doun that the commissioner to be choysin be thame sould nocht give his woitt vpon ony materis or poynt quhill first he did intimat the samein to the saidis provest, bailyeis, and counsall; and thairfor it is statut and ordanit be the saidis haill provest, bailyeis, and counsall, all in ane voyce, that thair said commissiner to be ellectit be thame to the said assemblie [shall not] give voit or voyce wpon any materiall poynt to be proponit thairin quhill first he intimat the samein to the saidis provest, bailyeis, and counsall and follow thair advyse thairintill. Lykas thairefter Patrik Bell, provest, is ellectit commissioner to the said assemblie, and ordanis him to have ane ample commissioun delyverit to him to that effect notwithstanding of the act above specifeit.

15 November 1638.

Allane assessour.

Ritchart Allane is nominat and ellectit assassour to Patrik Bell, provest, commissioner appoyntit to the generall assemblie; and maister Thomas Smytown, James Bell, and William Andersone ar ellectit and nominat to keip the kirk dooris and [they] to weir gownis in a cumlie maner.

29 November 1638.

Generall assemblie.

Forsameikle as be act of counsall, [here is narrated the act of 8th November;] and Patrik Bell, provest, being ellectit commissioner to the said Generall Assemblie, and having this day convenit the bailyeis and counsall, he, for obedience of the said act, did intimat to thame that yeister night his woyce and woit was cravit whither or not the said assemblie sould desolve, being dischargit by auctoritie, and quhither he wald adhair to the protestatioun maid be the memberis thairof anent the not dessolving of the samein, as also that his woyce was cravit whither or not the said assemblie sould sit as judges vpon the bischops of this kingdome and thair adhairrance, notwithstanding of ane declinator preponit be thame in the contrar, vpon the quhilkis particularis the said Patrick Bell, provest, cravit the opiniouns of the saidis bailyeis and counsall, and they having takin the saidis materis to thair wyse consideratiounes, efter matur deliberatioun had thairanent, be plurality of woittis, it is concludit, statut, and ordanit that the said Patrik, thair said commissioner, sould, for thame and in thair name, voit that the said assemblie sould sitt and not desolve notwithstanding of any mandat or proclamatioun maid or to be maid in the contrar; and ordaines him in thair names to adhair to the protestatioun maid be the membris thairof anent the not desolving of the samein, and that he sould sitt and continow with [the assemblie] to the full desolving thairof, and that he sould woyce for establisching of the said assemblie judges to the saidis bischops and thair adhairrance notwithstanding of the declinator proponit to thame in the contrar thairof.

6 December 1638.

Generall assemblie.

Patrik Bell, provest, commissioner appoyntit to the Generall Assemblie haldin within this burgh, for obedience of the act sett doun vpon the aught day of November last bypast, did intimat to the saidis bailyeis and counsall that his voyce and voit was to be cravit in the said assemblie anent bischops and episcopacie abjuring and abrogatting thairof, and anent the nulling of divers assemblies and the fyve articles concludit in the assemblie haldin att Perthe, as also that divers meteriall thingis wes proponit in the said assemblie and his voyce cravit thairanent, quhilkis he could not gett intimat to thame at all occatiounes nor thame convenit to that effect, and the saidis bailyeis and counsall, wnderstanding the samyn to be so, and that the said provest could not gett thame comodiouslie convenit for giving of thair opiniounes to him anent the saidis materis and vtheris proponit or to be proponit in the said assemblie, thairfor, be pluralitie of voittis, the saidis bailyeis and counsall ordaines the said Patrik, thair said provest and commissioner, to voit for them and in thair names to the annulling of thaise assemblies cravit to be annullit with the fyve articles concludit at Perthes assemblie, and to the abrogatting and abjuring of bischopis and episcopacie, and dois heirby aprove what the said Patrik hes done or sall doe heirefter conforme thairto.

11 December 1638.

Warrand King's commissioner.

Ordaines the thesaurer to have ane warrand for the sowme of threttie four pundis seavintein schilingis four pennis debursit to Walter Stirling and vtheris, conforme to the compt for particularis furnischit when the Kings commissionar was in the Tolbuithe.

18 December 1638.

Muskatis.

Ordaines the thesaurer to by to the townis vse ane hundrethe muscattis, with stalf and bandeleiris, threttie pickis, four hundrethe weght of powder, four hundrethe weght of matche.

22 December 1638.

Poor.

The saidis provest, bailyies, and counsall, wnderstanding the guid and comendable ordour that was keipit within this brughe the tyme of last Generall Assemblie be reteining of the poor off the calsay and susteining of them in thair awin houssis, to the great credit of the citie and contentment of all strangeris resorting heir for the tyme, and seing the samein is both godlie and honest, thairfor they have statut and ordanit that the poor be keipit and sustenit in thair houssis as they are now at this present, and the inhabitantis of this brughe to be stentit to that effect; and this day aught dayes ilk counsallour to propone his best overtour what way it can be best accomplisched.

Bowattis.

Ordaines the provest and bailyies to vnlaw and punisch thais inhabitantis within this brughe wha did not put out candillis and bowattis the tyme of the lait assemblie conforme to the act sett doun thairanent.

Middings.

The saidis provest, bailyies, and counsall, wnderstanding how cumlie and decent it is and credible to this citie to have the calsayes frie of middingis and foulay, thairfor it is statut and ordanit that the samein calsay be keipit clein heirefter, and that nae middings or fouley be sufferit to lay longer thairon or ony pairt of the same toward the Kingis hie streit longer [than] the said fouley can be brought out of back syds and borne and led presently away, and committis the cair heirof to the bailyies.