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THE LIBRARY 

OF 

THE UNIVERSITY 

OF CALIFORNIA 

LOS ANGELES 



EXTRACTS FROM THE RECORDS 
OF THE BURGH OF EDINBURGH 

1642 TO 1655 



EXTRACTS 

FROM 

THE RECORDS OF 
THE BURGH OF EDINBURGH 

1642 TO 1655 



EDITED BY 

MARGUERITE WOOD 

Ph.D., F.R.Hist.Soc, KEEPER OF THE BURGH RECORDS 




^^^-^^0^-^: 



Published for the Corporation of the City of Edinburgh by 

OLIVER AND BOYD 

EDINBURGH: TWEEDDALE COURT 
LONDON: 98 GREAT RUSSELL STREET, W.C. 

1938 



PRINTED IN GREAT BRITAIN BY 

OLIVER AND BOYD LTD., EDINBURGH 



^^0 




r^A4 




Y.^ 




CONTENTS 




Preface ...... 


PAGE 

vii 


Inthoduction ...... 


ix 


Extracts from the Council Register 


1 


Appendices ...... 


. 399 


Index ....... 


. 433 



a2 



PREFACE 

This volume carries on the history of the City of Edinbm-gh to the year 
1655. The Corporation, by authorising tliis continuation of Extracts 
from their Records, are responsible for possibly the most important 
contribution hitherto given to the public. 

Though the volume covers only fourteen years, the period was eventful 
in the history alike of Scotland and of the capital. The Extracts show 
Edinburgh in relation to the wars resulting from the Solemn League and 
Covenant, to Montrose's campaign, and to the period when the country 
and capital lay under the dominance of the English. 

Tliere is so much of importance in the Minutes of the Town Council 
that it has been necessary to give many of these in full. Much also could 
have been added in the way of appendices from unprinted sources in the 
City's possession and in other places, illustrative of the text, but these have 
had to be curtailed in favour of the Council narrative. It is hoped that 
the Extracts from the Town Treasurer's Accounts, given in Appendix IX, 
will show the importance to the City's history of these accounts, of which 
few have been printed as yet. 

The work has been done by Miss Marguerite Wood, Keeper of the 
Burgh Records, who has given much attention to the elucidation of a 
very difficult period and to the collection of illustrations and annotations 
from some of the many available sources. The Corporation is indebted 
to Miss Wood for this valuable and erudite service, to the performance of 
which she has devoted herself with much assiduity. 

The Idndness of Professor R. K. Hamiay, Historiographer Royal, in 
reading proofs is gratefully acknowledged. 

D. ROBERTSON, 

Toimi Clerk. 

City Chambers, 
March 1938. 



INTRODUCTION 

More difficult years in the history of Scotland could hardly be found 
than in the period between 1642 and 1655. Beginning with the Solemn 
League and Covenant it ended with Scotland completely subjugated to 
England. They were years of ahuost continuous warfare. The Scottish 
army advanced into England as aUies of the Enghsh Parhament, to 
enter that country twice later in support of monarchy. War was not 
confined to England and the Annus Mirabilis of the Marquis of Montrose 
almost put victory within the King's reach. The Engagement, that venture, 
more forlorn and less single-hearted than that of Montrose, brought the 
country to the verge of civil war. Scotland's recognition of Charles II 
produced the invasion under CromweU, ending in the defeat of the Scots 
army at Dimbar, wliile sporadic royahst resistance in the North was not 
suppressed till 1654. 

The military aspect of the period, though cUfficult and unsuccessful, 
was less inglorious than the other aspects. Divided counsels in Church 
and State produced rapid changes of policy and govermnent. The policy 
of the Church, in its attempt to control national as well as ecclesiastical 
affairs, resulted in defeat in the field and in a scliism which left a legacy 
of bitterness. The nation, torn by these dissensions, gave up the unequal 
sti-uggle and lay, oppressed by poverty, taxation and confiscations, sulleiily 
resigned to a state of affairs against whicli they had neither leaders nor 
remedy. 

EDINBURGH AND NATIONAL AFFAIRS. 

It was inevitable tliat the capital should be involved in the poUtics 
of the period. Yet the part played by Eduibiu-gh was not so much active 
as passive, without any preponderant voice m national affairs, as also 
without the privileges and favours which the Town had enjoyed under 
otlier ride. Under the Committee of Estates and the Commonwealth 
favoiu-s were rare, while the wealth and importance of the capital were so 
many good reasons for heavy demands ujion the Council and inliabitants. 

In the beginning of 1642, Edinbiu-gh and the rest of Scotland enjoyed 
an uneasy peace. The last visit of Charles I, cut short by the news of 
the Irish rebellion, had left the nation unconvinced of Ms sincerity in 
spite of concessions and a lavish bestowal of honoiirs. Over the Borders 



X INTRODUCTION 

the struggle between him and Iiis Parhanient was not far from open war. 
On 4th February 1642 the Town Council noted with horror the Irish 
rebellion and ordered collections on behalf of the refugees. ^ On 28th May 
they appomted commissioners to join with other gentlemen and biirgesses 
in a petition to the Privy Council.^ This petition protested against the 
meeting of the " Incendiaries " m Edinbiu-gh and against any relations 
with the King wliieh might lead to disputes with the Enghsh Parhament. 
The persons known by tliis name were the Earl of Tracquair, Sir Robert 
Spottiswood, Su' Jolui Hay, formerly Lord Provost, Dr Balcanquell and 
the Bishop of Ross.* Their offence was stated as an attempt to prejudice 
the King against the Covenanters. After much delay and a secret trial, 
Tracquair had been found guilty. Hay, too, must have been condemned, 
for he was to receive the King's pardon later m the year. 

Apart from tliis the year passed quietly in Eduibiu-gh. It was not tiU 
26th May 1643 that national affau-s were forced on the Council's notice 
by the King's letter.* Charles, after alluding to the propaganda carried 
on against him, invited the Coimcil to call their fellow biu-gesses and 
remind them of the many favoiu-s the Town had received from liim. He 
promised never to oppose the estabhshed ecclesiastical and civil government, 
and expressed the hope that tliis promise would give such satisfaction 
" that no such persons as studie division or goe about to weaken the 
confidence betwix us and oiu" people and justhe deserve the name and 
pmiishment of incendiaries sail be sheltered from the hand of justice." 
It is doubtful whether the " incendiaries " of the letter were those who had 
been tried. The epithet as used by the King may have referred to the 
secret agents of the Enghsh Parhament who had been busy in Edinbiu-gh 
during the past year.^ Charles may also have had in mind the commissioners 
shortly to come from England to seek the help of the Scots. Civil war 
had begun there with the battle of Edgehill in October 1642 and, so far, 
the advantage lay mth the Royalists. Siioidd Scotland stand aside or 
side with the King the advantage might be maintained. Hence the King's 
attempt to sound the feelings of the capital. The attempt was vain. The 
Council did summon " a great number of the honest neighbours," but 
recorded no answer to the letter. For pubho opinion was on the side of 
the Enghsh Parhament, not on that of a King beheved to be treating with 
the Irish CathoHcs. 

In the same month the Coimcil elected commissioners to the forth- 
coming Convention of Estates.* This Convention was summoned without 
the previous sanction of the King and, during its sitting, made the alliance 

> P. 3 infra. * P. 8. ' Balfour's Annates, ii., p. 378. * P. 28. 

'• Supplement to the Hamilton Papers (Hist. MSS. Com.), pp. 65-8. « P. 29. 



INTRODUCTION xi 

with the Englisli Parliament whicli Cliarles would fain liave averted. 
Commissionei's from the Commons aiTived at Leith on 7th August, Sir Harry 
Vane, younger. Sir WiLUam Armine and two others, accompanied by two 
ministers, Mr Marshall and Mr PliiliiJ Nye, the former a Presbyterian, the 
latter tainted with IndeiJendency and unwelcome in Scotland. 

Negotiations for the aUiance did not run smootldy at first. The Scots 
took advantage of the military situation to press their desu-e for a " reUgious 
covenant," as opposed to the EngHsh desire for a " civill league." ^ On 
17th August the Convention approved the draft of the Solemii League and 
Covenant, which had been passed by the General Assembly. On 
13th October, after the agreement of the English Parhament had been 
received, the Covenant was sworn by the Estates and the Assembly in 
Edinburgh.^ Thus England and Scotland were bound by a treaty, 
impossible of fulfilment, which was to breed endless ill-feeling between the 
nations and brmg disaster upon Scotland. By the will of the Estates 
and the Assembly and of the Presbyterian majority in the Enghsh 
Parliament, Presbyterianism was to be enforced on a country which, for 
the most part, did not desire it. The Scots army was committed to action 
in a country where they still were viewed more as invaders than allies, in 
spite of the Union of the Crowns or the treaty. In Scotland the Church 
and the party m power were enthusiastic for the alHance, and signature 
of the new covenant was forced upon the nation. A mmority only hesitated 
to assent to the part wlxicli concerned England. 

So siu-e were the Estates of immediate consent to their terms that 
they started before the EngHsh acceptance to raise an army and to levy 
taxation for the pm-pose. In obedience to an act of the Convention of 
18th August, Ediiabm-gh and its suburbs had to raise a regiment of 1200 men. 
On 15th September the Council elected James Rae, a merchant, as Colonel.* 
Some days later " being adverteised of the immuaent dainger tlu-ow the 
neir appearance of the EngUsh to the borderis " they elected the rest of the 
ofiicers, undertaking the responsibihty for then' pay, should the Estates fail 
to do so. The following day they appointed a rendezvous of all fencible men 
in Grejrfriars churchyard and for the men of Canongate, South and North 
Leith and Pleasance elsewhere. ^ It is doubtful what Royahst movements 
caused the alarm, but the Council beHeved in some danger, for at an afternoon 
meeting on 4th October they elected the remaining officers and appointed 
a committee to supervise the equipment of the regiment. In curious 
contrast to these preparations is an act approving the accounts of the 
banquet to Charles I in 1641,^ a remmder that hostUities were directed 
ostensibly against the King's pohcy and advisers, not his person. 

' BaiUie, Letters and Journals, ii., p. 90. ^ Ibid., p. 99. = P. 33. « P. 34. ' P. 36. 



xii INTRODUCTION 

There was delay in the departiire of the army. Not till December 
did the Coimcil order another rendezvous of fencible persons, from 
whom the fourth person was to be drawn by lot, to be equipped by the 
remaining three. It was enacted also that any four persons might provide 
a substitute at their own expense, an arrangement probably devised for 
the cases of elderly men who would be unsuited for active service.^ Five 
days later a new committee was appointed to help Colonel Rae to equip 
the regiment. 

Such preparations heralded the departure of the army, from wliich great 
things were hoped by the Scots commissioners in London.^ They 
appreciated that the balance of success still lay with the Royahsts and 
hoped for a spectacular victory which would turn the scales in favour of 
the Parhament, bring over waverers and stiU all miu-mm-s at expensive 
and inconclusive hostihties. By 29th December the army was at the 
Border. With it went a committee from the Estates of which the Marquis 
of Argyle was one. On 19th January 1644 the army, more than 20,000 
strong, began the crossing of Tweed. No serious opposition was met with 
on the way to Newcastle where the army began a blockade wliich was to 
last intermittently for months. With it was the Eduiburgh regiment. 
The records show an order for the price of eight hundred pairs of shoes 
for it in April and also the mention of a company for reinforcement.' 
Some time passed before the army was engaged m any considerable action, 
and the commissioners m London fretted that its usefulness in keeping 
the Earl of Newcastle's army in check was not appreciated.* In the evening 
of 2nd July was fought the battle of Marston Moor between the Royahsts 
and the united Parhamentary and Scots armies. Opuiion was sharply 
divided as to the responsibihty for the victory. The Scots claimed credit 
for their share, while Cromwell, no lover of that nation, took to himself 
and his troops " all the glory of that night." ^ It was not a situation likely 
to sweeten relations between the allies. The Scots returned to the siege 
of Newcastle, which smrendered on 19th October. 

Meanwhile the attention of Scotland had been diverted from the war 
in England to acute danger at home. At long last Charles I had sanctioned 
the Earl of Montrose's expedition to Scotland and he, now Marquis and 
the Kmg's Lieutenant General, was near Perth. He was joined by Alastair 
Macdonald, called Colkitto, with 1600 men from Ireland, partly exiled 
Macdonalds and Macleans. To this nucleus of an army came men from the 
loyal clans. On 1st September Montrose won his first victory over the 
Covenanting forces at Tippermuir. Alarm seized the Town Council of 
Eduiburgh. On 2nd September, bemg " uiformed of the neir approaclung of 

» P. 39. ^ BaiUie, ii., p. U3. ' Pp. 44, 45. * Baillie, ii., 167. ' Ibid., p. 203. 



INTRODUCTION xiii 

the eneraie towards this side of the Forth upon wliich they have thoght good 
that the passage at SterUng should be keipit," they ordered the dispatch of 
three companies to that place. ^ The plirasing seems to suggest that the 
step was taken upon their own initiative, but it is more probable that an 
order was sent from the Committee of Estates. If the sei-vices of the 
companies were only for defence of Stirhng, these were not requii-ed. 
Montrose had turned to attack Dimdee and, finding its capture beyond Iiis 
powers, had moved north to recruit. 

The terror of his presence remained. On 8th November the Council 
showed their appreciation of the situation by the appouatment of a drill 
master at a salary of 50 merks monthly.^ What qualifications for the 
post John Tarbett " brodinster " ^ had must have been known to the Council. 
Two days later, assisted by forty-foiu" neighbours, they appointed a special 
committee to discuss means of defence in such calamitous times. They had 
good reason for the moment. Fresh from further success, Montrose was 
planning a descent on the Lowlands, while the army in England lay in 
winter quarters. But the plan did not matvire and the Kmg's Lieutenant 
General tiirned westward to deal with Argyle and the Campbells. 

The next alarm foimd the city a prey to the pestilence. The epidemic 
lasted with more or less intensity from the beginiung of 1645 to the spring 
of the following year. In spite of this the magistrates on 9th March 1645 
found it needful that the nightly watch slioidd be kept by a whole company 
and that all the companies should parade for ch'ill.* Tliis precaution was 
made necessary by the mihtary situation. In the beginning of February 
Montrose had defeated Argyle at Inverlocliy. The repercussion of the 
battle had been far-reacliing. The Earl of Leven had become reluctant 
to march south from Carhsle as the English ParUament desired. The 
Church called upon the Estates to execute Montrose's friends, imprisoned in 
the Tolbooth of Edinburgh. The Estates, wliile commending tlie zeal of the 
Church, felt that it was not the moment to rouse the anger of the victorious 
rebel. The prevalent anxiety is shown in two acts of the Council. One, 
of 29th March, ordered the repair of the Town wall.* The other, of 
9th May, rearranged the Town companies, which from eight became 
sixteen.' 

On 20th June the Council received commission from the Committee of 
Estates to try certain prisoners guilty of attemptmg escape from the 
Tolbooth.' The men were imprisoned Royalists, for the most part personal 
friends of Montrose. That the commission apparently was never carried 
out is not surprising. The situation was not safe enough to risk the 

' p. 51 and Appendix I. ^ P. 55. ' i.e. Embroiderer. 

♦ P. 64. * P. 65. « P. 68. ' P. 70 and Appendix II. 



xiv INTRODUCTION 

possibility of reprisals. According to the preamble of an act of 16th July the 
enemy was " exceicling insolent. "^ That was true, for Montrose had recently 
defeated General BaiUie at Alford. It could not yet be appreciated that 
the battle of Naseby on 14th Jmie had been a decisive blow to the King's 
cause and that the capitulation of Carlisle on 28th Jime had set free David 
LesUe's army for service where it might be most required. The real effect 
of these blows to the Royalists lay in the future. Meanwhile, in the begimung 
of August, Montrose was active near the Ocliils. The femt of an attack 
on the Parhament at Perth had alarmed that assembly in spite of their 
guard of infantry and cavalry. So it is not siu-prising that the Comicil 
on 13th August raised a watch of a hiuidi-ed men.^ This time theii- fears 
had greater foimdation for on 15th Augiist Montrose destroyed the 
Covenanting army at Kilsyth. The Lowlands lay unprotected before him 
and many nobles hastened to him to protest their loyalty and desire to 
help the King. At the earhest opportimity he sent envoys to Edinburgh 
to demand the release of his friends and followers. This the Coimcil were 
obhged to grant. ^ It was an action they would have prefen-ed to remain 
luiclu-onicled. The act regarding it is not entered in the records till 24th and 
30th September, by which time the fairy gold of the victory had vanished. 
Montrose's defeat at PhihiJhaugh on 13th September by David Leshe had 
left liim a fugitive ■without an army. 

The dread he had inspired found its reaction in a frenzy of revenge 
against the surrendered remnant of liis forces and his captured supporters 
in wliich Church and State joined hands. Even the Town Comicil of 
Edinburgh were called to account for their release of the prisoners. It 
was to exculpate themselves that they produced the acts concerning the 
affair. In their own eyes they needed no justification. By jrielding to 
the Marquis's demand they had preserved the Town with its wealth for 
better uses and by treating with liun they had gained tmie for Leslie's 
advance and his "glorious victorie " over forces which he outnumbered 
by at least four to one. The Comicil also took pains to point out that 
they had appealed vainly to the Committee of Estates and others for forces 
for defence and had been refused, pointing out that the pestilence had 
left the Town and the Castle almost destitute of defenders. Plausible as 
the excuse soiuids, it was not enough to exculpate the Comicil in the eyes 
of the Estates and the Church, Wlien ParUament met at St Andrews, 
the Provost and another councillor attended as commissioners.* In the 
records of that Parliament their names were omitted fi-om the Ust of 
commissioners for the burghs and the omission was intentional. On 
1st December a parliamentary committee was appointed to examine the 
» P. 71. 2 p, 73. s Pp. 73.6. 4 p. 78. 



INTRODUCTION xv 

conduct of the commissioners of Edinburgh and Linhthgow before they could 
be allowed to sit and vote, the latter burgh, lilce Edinbm-gh, having released 
Royahst prisoners on the demand of Montrose. A week later it was enacted 
that the magistrates of Edinbm-gh should be tried by Parliament. i On 
12th December the Council ordered that their Coimcil book should be taken 
to the Provost at St Andrews, ^ whence it was returned on 31st December. 
As the Acts of Parliament record no judgment against the magistrates, 
it may be assumed that then* explanation was accepted. The records for 
the following months have no mention of the political situation. Only, the 
Treasurers' Accoimts note the execution of two of Colkitto's commanders, 
O'Cahan and Lachlan, hanged at the Castle Hill. The accomits aUude 
to them merely as " tuo earisch commanders." 

On 6th March 1646 the Comicil were engaged m filling the vacant 
Clerkship once held by Sir Jolua Hay.^ Some denunciation of liim as a 
RoyaUst might have been expected, for he had been with Montrose at 
Philiphaugh, had been captiu-ed and, fortmiate in escaping with his Hfe, 
had been fined £500 sterling, a sum paid by one of liis sons in November 
1645.* The Council, however, contented themselves with statmg that 
Sir Jolm had been " of long tyme preferred to ane place of higher degrie " 
and had deserted his office. 

Not till the middle of July is there any further mention of national 
affairs except an act aiithorising a payment for shoes for then" regiment 
with the army in England,^ and another calculating the money due to the 
Town by the Estates.* Elsewhere events were moving to a crisis. The 
Kmg's cause in England was desperate and so early as January 1646 there 
were rumours in London that Charles might go to the Scots army. The 
idea was not pleasing to the Scots commissioners, for the condition of the 
army was far from satisfactory. Its pay was in arrears and it was suffering 
from a relaxation of discipluie consequent on the long campaign. On 
5th May the King rode into the Scots camp before Newax'k. His advent 
was imwelcome to the Soots who denied that they had given him any 
specific guarantees, although it appears that he had acted upon words 
which could be construed into a promise of safety. One thing was gained 
by the possession of Ins person, the disbandment of the Royalist forces in 
Scotland, still a potential danger. The terms offered and accepted were 
not unduly harsh, and on 3rd September Montrose took ship for Bergen. 

For the months during wliich Charles remained with the Scots, he 
was engaged in negotiations with them and the Enghsli Parliament which, 
given the King's refusal to acknowledge the Covenants, were bound 

» Acts of the Parliament of Scotland, vi. (1), pp. 478, 502. ^ p. 79 3 p. 33. 

* Proceedings of the Committee of Estates (MSS., Register House). ' P. 91. « P. 95. 



xvi INTRODUCTION 

to be fruitless. With the King's surrender and the cessation of hostiUties, 
the presence of the army in England, never popular, became an intrusion. 
The treaty wliich bound the aUies was never likely to be implemented, since 
the Enghsh army was opposed almost equally to Presbyterianism and the 
Kmg. In Jmie the Enghsh Parhament sent proposals to Charles, known 
as the Propositions of Newcastle, comprising terms for both England and 
Scotland and mcluding the ratification of the Solemn League and Covenant.^ 
These, it was hoj^ed, might form the basis of a settlement. In obedience 
to a letter from their ministers, the Town Comacil on 15th July prepared 
a petition to be sent to the King for settling rehgion and peace in his 
kingdoms and for strengtheiung the imion between the nations, ui imitation 
of the city of London.^ Unfortimately for all parties, their ideas of a 
desirable settlement were irreconcilable, and, without some settlement, 
the presence of the Kmg in Scotland could only be a source of dispeace. 
While the governing party was strong, there were others, apart from the 
Royalists, whose loyalty to the Covenants was based on expediency, not 
on conviction. Charles knew and hoped too much from this,^ for a motive 
was yet lacking to weld those opposed to Argyle and his party into cohesion. 
That motive was to be supplied at no distant date. 

By the middle of August a rumour was current that the Scots and the 
Enghsh Parhament were considermg some agreement for the sm'render 
of the Kmg.* Charles himself knew of it, but discomited it too readily, 
and beheved that, were he allowed to go to London, he might profit by the 
differences between the negotiatmg parties.^ But his proposal that he 
should meet them there and discuss the propositions, even had it been 
wholly sincere, would not have eased the situation. By 8th December 
the terms of a settlement were almost assuced. This was to include payment 
of the an-ears due to the Scottish army after their evacuation of the towns 
occupied by them, £10,000 sterhng at NorthaUerton and a similar sum at 
Newcastle. The negotiations were complete by the beginning of January 
1647. On 3rd February, Charles was conducted to Hohnby House. 

Diu-ing these months there was httle trouble in the Scottish Lowlands. 
The Highlands, however, were not wholly peacefid. On 4th September 
the TowTi Comicil received a demand from the Committee of Estates for 
£1000 sterling for the mamtenance of the garrisons at Blair Atholl and 
Inverness.^ It was suggested that the money shoidd be foimd from the 
excise of Edinburgh, granted to the Towti in payment of the Estates' debt.' 
The Council protested the unpossibihty of iinding so large a simi and were 
threatened with responsibihty for any risk due to the disbanding of the 

1 Petrie, Letters and Speeches oj Charles I., pp. 183-99. - Pp. 95, 96. « Petrie, p. 182. 
* Ibid., p. 204. <■ Ibid., pp. 211-2. • P. 99. ' P. 63 and note. 



INTRODUCTION xrii 

garrisons. Finally a compromise was reached by which the Estates declared 
that, if the Council woixld produce within a fortnight 6000" they would be 
excused the rest. To that the Comicil had to agree. 

On 23rd Sejitember annoyance of another Idnd came upon them.^ 
One of their own ministers presented an act of the Committee of Estates 
forbidding them to elect any as magistrates or councillors guilty of 
" complyance " with the rebels. It was the aftermath of the release of 
the Royahst prisoners. To tliis was joined an act of the Commission of 
the General Assembly ordering all presbyteries and ministers to give in lists 
of such " complyers " that obedience might be rendered to the act of the 
Committee. Tliis intimated that the censures of the Church would be 
eirforced against any " complyers " accepting office. In former tmies the 
Council mvariably protested against any mterference with their freedom 
of election. Under existing circumstances it would have been unwise 
as well as useless, for Su' Jolui Smith, the retirmg Provost, was on the 
pomt of doing penance for his deahngs with " malignants." ^ Still, in 
spite of these acts, all the magistrates of the past year were members of 
the new comicil.^ 

It was not tUl 12th February 1647 that national affairs were noticed 
again. Even then the surrender of the King was not commented upon. 
The act refers to another demand for money. The Estates asked 60001* 
for the upkeep of one of the regiments not disbanded with the i-est of the 
army,* promising repayment from the Town's own maintenance and from 
other soiu"ces. The money was obtained only by borrowing from the 
jiresent and old baihes. A fiu-ther demand was made not two months later, 
when the Committee of Estates reqiured 15,5221' for the gratuity voted to 
David Leshe as reward for his services at Pliiliphaugh. This was coupled, 
however, with the remission of the Town's maintenance for the months 
of the pestilence.^ On 15th September is recorded the payment of £50 
sterhng to two ministers " for the use of the widdowes of lame and killed 
souldiers." ® Since these must have belonged to the Town's regunent, 
it is regi'ettable that there is no hint of the number of casualties. 

On 29th October there was recorded a jDayment for the expenses of 
M. de Montreuil, with the note that he had been acbuitted burgess.' The 
admission is not in the Gild Book, possibly because the French agent had 
incun-ed the displeasure of the Commission of Assembly by celebration of 
the mass in his Edinbiirgh lodging.^ In the beginning of 1648 Wilham 
Murray, gentleman of the King's bedchamber, was made burgess and 

1 P. 102. 

' Proceedings of the Commission of Assembly, ii., pp. 71, 74 and pp. 6, 7 supra. 

' P. 103. * P. 109. s P. 116. « P. 131. ' P. 134. » Proceedings, i., p. 369. 

b 



xviii INTRODUCTION 

gild brother and entertained by the Council.^ His presence in Edinburgh 
was due to the movement for assistance to Charles, which took shape as 
the Engagement. 

Tlie siui-ender of the King to the EngUsh Parliament had served only 
to accentuate the difficulty of the political situation in England. The 
withdrawal of the Scots army had mifortunate results for the slender 
Presbyterian majority in the Commons. The army, under Fairfax and 
Cromwell, was strongly Independent and was roused to action by the 
Commons' attempt to chsband them without considering their grievances. 
A iimiom* that the King might be sent to Scotland precipitated that action. 
On 4th June the King was seized by a force acting imder Cromwell's orders. 
From that the army passed to the ehmination of the Presbyterian element 
in the Commons by the expulsion of eleven members. Before these 
occurrences the Enghsh Presbyterians in their dread of the army had looked 
again towards the Scottish aUiance. In May 1647, after the army's refusal 
to disband, negotiations had been resmned Avitli the Kmg on the basis of 
the Propositions of Newcastle by the Presbyterians in Parhament and 
the Scots commissioners m London. These offered to dispense with liis 
taking the Covenants if he woxdd establish Presbj'tery for three years and 
leave the control of the miUtia to Parhament for ten years. The seizure 
of the King by the army roused such mdignation that even Argyle offered 
to rescue liim by force. This offer was not accepted by Charles who, at 
that tune, hoped for terms from the army less exacting in point of reUgion. 
The " Heads of Proposals " offered by the army m July indeed did not 
exclude the possibihty of a hniited episcopacy. The King, however, 
refrained from closing with any proposals, in the hope of a popidar movement 
for his restoration wliich would permit Ms own terms. His flight to 
Carisbrooke Castle in November marked the failure of his hopes, due to the 
exasperation of the army at his delays. It was there that he came to terms 
with the Scottish commissioners, the Earls of Loudoun, Lanark and 
Lauderdale on 26tli December m the Engagement. By tliis he undertook 
to confirm the Solemn League and Covenant, provided that none should 
be constrained to take it, and to estabhsh Presbji:erianism in England for 
tliree years, reserving hberty to liimself and his household to use the " form 
of Divine worship he has formerly practised." He agreed to the suppression 
of Independency and other sects, to the confirmation of the acts of the 
recent Scots Parliament, to an act of obhvion, to assistance for a Scots 
invading army, and to the plan for a complete miion of the kingdoms 
with freedom of trade " according to the intent of liis father." 

Unfortunately for the treaty the commissioners had not behind them 

> P. 142. 



INTRODUCTION xix 

a united Scotland.^ Argyle, after the rejection of his offer, had g^o^vn cool 
on the subject of an invasion. The leadership of the new movement was 
vested in the Duke of Hamilton. Most prejudicial to success was the 
opposition of the Chm'ch to the agreement. When the terms of the treaty 
became known the majority of ministers showed themselves violently 
hostile. Diu-ing the previous wai-s of the Covenant the Chm'ch had supported 
the Govermuent and their pretensions to dictate policy had been accepted, 
if not welcomed. For the moment, however, there was a sufficiently 
strong majority in favour of the Engagement without the Church's help. 
The nobility's attachment to tlie Solemn League and Covenant had been 
largely one of expediency. A revulsion of feeling, due partly to sympathy 
with the King, partly to exasperation with the interference of the Chm-ch, 
brought in for a time a majority of the gentry and bm-gesses. In the 
Parhament which met on 2nd March 1648 the King's friends had a majority 
of about two-thirds. In spite of the denunciations of the Church, prepara- 
tions for war began. A declaration of Parhament justified the raising of 
an army for the King's rescue by enujnerating the Enghsh breaches of the 
Covenant. On 4th May a levy of horse and foot tlu-oughout the kingdom 
was ordered, of which Edinbm-gh's sliare was 1200 men. Four days later 
the Town Cormcil stated that it was impossible to raise such a number 
of men and asked permission to compromise by a money payment, ^ 
an old expedient used in the past to obtain exemption from royal 
" raids." The offer was accepted by Parhament and exemption was 
granted in exchange for a payment of 40,000i'. A committee was charged 
with the task of collecting the smu from those hable to mihtary service, 
and meanwliile the money was borrowed from members of the CoUege of 
Justice and a gentleman of the King's Wardrobe.^ On 19th May the 
Council, disregarcUng tlie acbnonition of then- mmisters and kirk session,* 
approved of the conduct of their commissioners in Parhament and thus 
committed themselves to approval of the Engagement. ^ But an attack 
by an inhabitant of the Town on the Duke of Hamilton showed that 
everyone was not of the magistrates' opinion.® 

The preparations for the invasion of England were slow. The dis- 
approval of the Chm-ch liindered both recruiting and the coUection of the 
tax for equipment and maintenance of the army. Above aU, few of the 
commanders were men of abUity, and David Leshe had refused to join a 
venture unblessed by the Church. There was also cb vision among the 
leaders as to the course to be followed. Although the party of Ai-gyle, 
to wliich Leshe adhered, had not declared openly against the Engagement, 
it remained a potential danger, and the Earl of Lanark, Hamilton's brother, 
1 Petrie, p. 222. ' Pp. 147, 148, ' P. 150. * P. 149. ^ P. 150. » P. 152. 



XX INTRODUCTION 

favoiired crusliing them before an advance into England. Lauderdale 
advocated an immediate advance for the support of the Enghsh royaUsts 
in the north. His advice was taken. In the first week of July Hamilton, 
with about one-thii'd of liis army, crossed the Border. The intended co- 
operation failed utterly. The delay in setting out had rendered abortive 
risings in various parts of England and the Scottish march was through 
coiuitry mdifferent, if not hostile, to those still considered as foreign 
invaders. On 17th August the Scots were routed by Cromwell at Preston. 
By the 20th, Hamilton and a great part of the army were prisoners. The 
Engagers had failed and their faihu'e spoiled a plan of Lauderdale for 
bringing the Pruice of Wales to Scotland. An act of the Town Comicil, 
dated 18th August, before news of the defeat coiild have reached Scotland, 
had initiated plans for liis reception. ^ Another act of the same date, 
narrating the deposition of a Town minister for not condemning the Engage- 
ment, shows the attitude of the Chiu-ch to the ventm-e. 

The failm-e ahnost brought about another civil war. A part of the 
Engagers' anny was still in being. The " well -affected people of the west 
country," organised by the Earl of EgUnton and joined by Chancellor 
Loudoun, who had changed his coat expeditiously, marched on EcUnbiu-gh 
in support of the Covenant. The Committee of Estates wliich supported 
the Engagement fled and were replaced by a Conuiiittee dominated by 
Argyle and the Chm-ch. Meanwhile the two armies lay opposite to each 
other, while a sldrniish at Sttrhng showed that the Engagers were stiU 
formidable. It was not tiU Argyle had made the treaty with Cromwell wliich 
secm-ed his support that the Engagers were forced to accept the terms 
offered them and disband then- army. The Enghsh general had advanced 
to the Border for pmiishment of the breach of the Covenant and for the 
reduction of Berwick and Carlisle, previously captured by the Engagers. 
On 21st September, Cromwell and his army crossed the Tweed. On 
4th October he lodged in the Earl of Moray's house in the Canongate. 
The terms exacted by Cromwell were such as to satisfy the Clnu-ch and 
Ai'gyle's party, stipulating that no Engager might hold any pubhc office. 
In carrying them out the influence of the Chm-ch in national pohtics was 
to reach its highest pomt, one responsible chiefly for the futiu-e conquest 
of Scotland by her present ally and the hmnihation of the Church itself. 

EcUnbiu-gh was affected by these events. On 31st August the Comicil 
had news of the Whiggamore Raid, ordered a nightly watch of fom* companies 
and forbade the admission of any soldiers to the Town.^ On 2nd September 
the Engagers endeavoiu"ed to place their own gaiTison in the Castle, but 
were prevented by the Council, who asserted their capacity to keep the 

' P. 159. ^ P. 161. 



INTRODUCTION xxi 

Town peaceful without any assistance.^ Whether they beheved their 
own assertion or not, the CouncU probably did not desu'e such compromismg 
and dangerous occupants of the fortress. Two days later they were trying 
to treat with the army of the west country.^ Apparently neither answer 
nor respect was given to their proposals. On the afternoon of 8th September 
the Coimcil, having heard the Earl of Loudoun addi'ess them on the imminent 
danger to " religion, Kmg and Kingdom," had agreed to raise a new 
regiment to serve agauist the Engagers.^ On the following morning they 
were blamed for not using sufficient haste, and ordered to assemble their 
companies in the Abbey Close to choose the personnel of the I'egiment 
under extravagant pains. There was notliiiag for it but miquestioning 
obedience to that and other commands of the new Committee of Estates 
which included the provisioning of the army.* 

This alacrity in obeying their new masters was not to save the Council 
from retribution for heljiing the Engagers. On 27th September instructions 
were brought to them that only persons quahfied by the Estates' acts might 
vote in the ensmng elections. At an emergency meeting in the afternoon 
the Council resolved to represent their wilhngness to choose acceptable 
persons, but to protest that the orders of the Committee were contrary to 
their sett. Tliis was useless. On 4th October it was made clear to the 
Council that none might vote or hold office in " comiseUs, committies or 
any uther judicatorie as memberis or clerkis " who had been accessory to 
the Engagement.^ The Council yielded, or appeared to yield, without 
fiu-ther argument. For all tlie Committee's orders and their own jirotesta- 
tions, they made little change in their members, only electing persons to fill 
the vacant places of the old Provost, baihes and deacon of the skimiers, 
the latter after some delay. On 6th October the new bailies were sent to the 
Canongate to greet Ohver Cromwell.® The same day the Coimcil gave orders 
for clearmg the Town of any who might have been in arms for the 
Engagement by an examination of all strangers desirous of lodguig within 
the burgh.'' 

On 19th October the Council recorded a formal disclaimer of the 
Engagement as enjoined by the Commission of Assembly and Committee 
of Estates. The sincerity of then repentance found expression in the repeal 
of all acts connected with it, includuig those " anent the borrowing of 
moneyis." ^ It was a repudiation wWch gave trouble later. The dismissal 
of their clerk, WiUiam Thomson, also may have been miavoidable, but 
it was surely an overstatement of his influence to assert that he should 
have prevented their accession to " that smfull cause." The following 



1 p. 161. 


2 Pp. 162-4. 


3 Pp. 164, 165. 


* Pp. 165-8. 


' Pp. 170-2. 


« P. 172. 


' P. 173. 


8 P. 175. 

62 



xxii INTRODUCTION 

day tliree hundred and eighty-five neighbours, gathered in the Parliament 
House, approved the Council's disclaimer. A Uttle later the Council were 
ordered to give proof of their diUgence in executing the new Act of Classes 
which excluded all persons concerned in the Engagement or suspected of 
indifference towards the Covenants from office and from service with the 
army.^ On 10th November the keeper of the Tolbooth was dismissed, 
after Ids trial before the Committee of Estates,^ His offence dated back 
to 1645, when he had dared to praise Montrose and criticise Argyle, the 
Chancellor and the Earls of Lanark and Crawford. 

While Government and Chm-ch in Scotland were busy repressing 
" malignancy," the last royalist rismg in England had met with utter 
defeat and events moved on to the trial and execution of King Charles. 
Opinion in Scotland was outraged to the point that even Argyle and his 
party were forced to abjure their recent alliance with Cromwell and 
proclaim Charles II in Edinbiu:'gh. Acceptance of him as King was, 
however, far from unplying an imconditional desire for liis presence. The 
Scots commissioners at Breda sought for months to make liim accept 
their terms, which included the signature of both Covenants. It was a 
com-se which inevitably meant ahenation of liis other supporters, the royaUsts 
of the tliree kmgdoms, and m the ensuing quandary was evolved the idea 
of plajdng off the royahsts of Scotland luider the leaderslup of Montrose 
against the Covenanters. It was hoped that a spectacular victory by the 
Marquis woidd enable the Kmg to obtain less stringent terms. It was an 
idea disastrous to Montrose, as also to the reputation of Charles II. The 
knowledge that the King had not broken with the commissioners mined 
any chance of the expedition's success and, when no good news came from 
Scotland, the pressiu-e on the King to yield to the Scots proposals increased. 
The cynical comment was made that Paris had been worth a mass to liis 
grandfather, Henry IV, and that Scotland should be worth a covenant.^ 
The parallel was inexact. Acceptance meant the estrangement of his other 
kingdoms and was not coupled ^vith any definite promises. The defeat 
of Montrose at Carbisdale on 27tli April 16.50 destroyed any hopes of the 
King. But on 1st May he had already signed the draft agreement, kno^^Ti 
as the Treaty of Breda, and foiu* days later a messenger was sent to Montrose 
to tell liim to disband liis army. Charles also wTote to the Estates that 
conditions should be arranged for the safety of that army and its leader. 
It was useless. The haste with wliich they proceeded to the Marquis's 
execution was the measure of their fear, and once his fate was assured, the 
Estates' terms to the King hardened. Before Charles landed at the mouth 
of the Spey on 23rd June he had been forced to swear to both Covenants. 
» Pp. 176-8. 2 p. 180 and Appendix IV. ' Charles II. and Scotland (S.H.S.), p. 51. 



INTRODUCTION xxiii 

Even the King's acknowledgement of the Covenants could not brmg 
either unity or peace to Scotland. Ai-gyle's dependence for support on 
the Church and the lesser barons and burgesses had ahenated many of 
the nobihty and, ui spite of the fate of Montrose, royahsm was not crushed 
in the north. Indeed the presence of the King brought the risk that he 
might draw to liimself a party of malcontents. There was also imminent 
danger from England. In May 1650 it was ruraom-ed that an EngUsh 
invasion was planned, with the intention of rousing the common people 
against the nobihty.^ The rumoiu- of invasion was true. By 19th June 
Cromwell and his army were at Berwick-on-Tweed, and, three days later, 
he had crossed the Border. Scotland jDrepared to resist tliis invasion, 
and on 3rd July the Estates ordered a levy of troops. The forces assembled 
were niunerically superior to the Enghsh army, and mider the command 
of David Leshe, but mitrained, iU-officered and dismiited. This was the 
consequence of the policy, approved by the Chiu-ch, which excluded from 
the service of their comitry officers and men associated with the late 
Engagement or otherwise luider the Chm-ch's cUsapproval. 

On 28th July Cromwell reached Musselburgh and the foUowing morning 
advanced on Echnburgh, which was defended by Leslie's army on a hne 
between Leith and the capital. For nearly a month the English manoeuvred 
in the neighbourhood of the Town without uiducmg Leslie to risk a general 
engagement. At last, weakened by disease and shortage of jirovisions, 
the English fell back on Dunbar by way of Haddington, followed closely 
by the Scots. Their army, however, was not even so effective as at the 
time of the levy. On 29th July Charles II had arrived at Leith where his 
presence, welcomed by the army, was not welcomed by the Estates and 
the Chm-ch. Upon the pretext of danger to liimself, he was comiJelled to 
retire, which he did after a brief visit to Echnburgh on 2nd August. His 
departure was followed by a second piu*ging of the army in wliich eighty 
ofiicers and many men were chsmissed. Besides this hanchcap, Leshe was 
hampered by the members of the Committee of Estates and ministers who 
accompanied the army and imposed their wishes against his judgment. 
The result was the rout at Dunbar, which left the south of Scotland at the 
mercy of the invader. 

There are suggestions of luieasiness at the pohtical situation in the 
Town Council's minutes about the middle of 1649. In May tlu-ee himdi-ed 
muskets were ordered from HoUand ; ^ in June the help of the ministers 
was enhsted to obtain workers for the fortifications at Leith ; ^ in July 
is mentioned the beginning of the demohtion of old outworks at the Castle.* 
On 21st November is recorded the commission to the Comicil by the 
» Charles II. and Scotland, p. 99. = P. 199. = P. 203. •" Pp. 217. 



xxiv INTRODUCTION 

Estates to contract for a large supply of arms and ammunition from 
Holland.^ But the begimiing of the year 1650 was quiet enough, for 
Montrose's expedition was too distant to trouble the Town. In the early 
summer the revival of general imeasiness is shown by renewed activity over 
the fortifications of the Castle and Leith. It seems that the Council camiot 
have been aware of the imminence of danger, for they undoubtedly hindered 
the latter work by insisting on a promise from the Estates that the appoint- 
ment of a governor for the fortified port should be placed in their hands. ^ 
A similar demand had been made before of Charles I.^ The result was 
that the work was unfinished when the enemy was already at their gates, 
and, m the national emergency, the promise of the nomination of the 
governor proved vain. The Council were informed that, if they insisted 
on that right, no garrison could be left in Leith. 

They were occupied otherwise dm'ing these months. The arrival of 
Charles II in Scotland was marked by the appointment of a committee to 
discuss the raising of money for the King's houseliold and for liis welcome 
to the capital. A few days later the Provost and others were sent to 
invite Charles to visit the Town. It was agreed that not more tlian 
50,000 merks should be boiTowed for these expenses.* These loyal 
preparations were interruiDted by the calling up of the fencible men of 
Edinbm'gh, Canongate and Leith, the occasion being the approach of the 
Enghsh army to the Border.^ This proclamation ended ^\dth the warning 
that no man might leave the Town or, being absent, fail to return witlmi 
twenty-four hours mider the penalty of loss of hberty to him and liis 
descendants. In obecUence to the Committee of Estates the Council 
ordered a search tlu'ough the Town for iwovisions for the Castle, including 
eighty tuns of ale and beer.® Another command of the Estates necessitated 
borrowing to buy lead for the same garrison. TiU then all demands upon 
the Council had found them ready to do their best, but a demand recorded 
on 1 8th July from the Estates, backed by the Commission of Assembly, found 
them at a loss. Money was required for an inteUigence service, for transport 
of camion and other matters. The Comicil asked for time to consider 
how the smn could be raised, and at last appealed to the captains of their 
companies. The ten merchant captains offered either 500 or 1000 merks 
each. At an afternoon meeting of the Coimcil, fifty-eight neighboiu's 
offered smns varying between these amounts and only six persons refused 
to lend.' The mcident gives an idea of the considerable wealth in the 
city, smce that was not the only payment they were called upon to make. 

1 p. 206 and Appendix VI. ' Pp. 225, 256-7. 

" Extracts, 1626-41, p. 37 ; Appendix I, p. 267 ; and Appendix VIII., pp. 302-5. 

* Pp. 257, 269. 6 Pp. 261-2. « P. 246. ' Pp. 247-8. 



INTRODUCTION 



XXV 



On 22nd July all inhabitants were ordered to close tlieir booth doors 
and stand to arms, and two days later they were ordered to parade in 
Greyfriars churchyard, with eight days provisions.^ Meanwhile tardy steps 
were being taken for the fortification of the Town. Entrencliments were 
dug beside the windmill at the Society. Orders were given to pull down 
houses near the Town wall, and to build up the West Port and the entrance 
to Heriot's Hospital. On 26th July orders were given for barricachng the 
Cowgate Port. Tunber and stones were scarce and required for tlie wall, 
so the inhabitants were in.structed to collect " muck " from the streets 
and iise that for the barricade. The Treasurer's Accounts show preparations 
for guns and gun platforms on the walls.^ For all that, it is doubtful 
if the Council reahsed the greatness of their danger. For, wliile stone was 
needed lu-gently and stone-boats could no longer come to Leith, the Council 
still insisted that houses to be destroyed must first be valued. 

Interspersed with these preparations were other tasks. On 26th July 
a proclamation called for sheets and blankets, pots and pans for the army. 
On the 31st bakers were ordered to bake for the army exclusively till it 
should be suppHed. Then the Coimcil prepared to welcome the King. 
The sum of 20,000 merks was provided as a token of their reacbness to 
offer hfe and fortune in liis service.^ On 2nd August he was entertained 
in the Upper Exchequer House, on his way to Dunfermline. On ^rd August, 
when the enemy attack had begun, the Council were still arranging for 
cannon on the wall.'* Three days later Leith was searched for provisions 
for the army, and on the 7th preparations were made for wounded soldiers 
in Trinity Ho.spital.^ Meanwhile the army had been on the defensive 
against Ci'omwell's manoeuvres round the outskii-ts of the Town. On 
17th August the Committee of Estates informed the Council that the 
army was about to leave the trenches and march towards the enemy. 
A suitable garrison would be left in Leith, if the Council would not press 
their right to appoint a governor. The Council knew themselves outwitted, 
and yielded.* For the rest of the month they were occupied with questions 
as to the watch, the demohtion of houses and absent bm-gesses. They 
commandeered horses for the army, exempting only ministers and carriers 
of provisions, and ordered reaping hooks for the army, to prevent waste 
of the harvest. 

On 2nd September they rejoiced that the enemy was in retreat, while 
ordering the completion of the fortifications. The joy was too soon, the 
precaution too late. On the very day of the act, Leslie's army was routed 
at Dunbar, and the capital yielded without attempt at defence. It was 
as well that it yielded, for the English found Leith's fortifications ill- 
1 Pp. 249, 250, 269. ^ Appendix IX, p. 424. ' Pp. 252-3. * P. 253. ^ p. 255. » P. 258. 



xxvi INTRODUCTION 

made,i and the To\\ti's defences were unfinished and would in any case 
have been useless before Cromwell's siege train. All the Coiuicil foiind 
time to do was to remove their cannon from the Avails, place these and the 
arms of the Town's companies in the Castle for safety, and store timber 
in the Greyfriars' Chm-ch for security against plundering. The precautions 
were useless. The invaders seem to have treated Eduibiu-gh as a conquered 
town. The College, Grej^friars and Lady Yester's Churches were laid 
waste and the High School.- The Society and several markets were 
preserved from wrecking with difficulty. The weiglihouse was demohshed. 
A part of Holyroodliouse was burned. There was much minor damage 
done by the solcUers. Twice the Market Cross door was broken do\vn, 
the wells were wrecked, doors and windows at the Netherbow were broken, 
the sluice at the North Locli and the gate at Leith Wynd foot were broken, 
even graves in the chm-chyard were opened, presumably in the search for 
plunder.* 

There are no Council records from 2nd September 1650 till December 
1651, and it was not till March 1652 that the English military authorities 
allowed the election of magistrates. Nicoll tells that General Lambert 
had endeavoured to establish a Covmcil of his owti choice, but had been 
baulked by the refusal of the CouncU, and that for some months there 
were only military courts appointed by him.* These the Council never 
mention. It is true that there was no Coimcil for the period and that the 
Burgh Covu-t did not sit between 13th July 1650 and March 1652,^ but 
the Town had some authorities apart from the EngKsh. The Treasurers' 
Accounts show that the Provost, baihes and dean of gUd, imdoubtedly 
absent for a time, yet were there for a part of these months. An act of 
Council of 6th April 1653 tells how the necessary business of the Town was 
managed by a committee of thirty neighboiu-s in the absence of the Council 
and muiisters. Their duties included quartermg, taxing for the expenses 
of the mUitary guard, collection of petty extents and deciding pleas and 
quarrels between neighbours.* So useful was this committee that it was 
continued even after the restoration of the CoiuicU. 

Edinbiu'gh's svurender served to isolate its inhabitants from the dis- 
tractions of Scottish policy after Dunbar as well as from warfare. These 
were so acute that it seemed for a time as though civil war would be added 
to invasion. In the national emergency the Estates, with the grudging 
assent of the Commission of Assemblj% had proposed resolutions allowing 
the emplo3anent of Engagers and Royalists in the army and govermnent. 
These resolutions were opposed by the extremists among the ministry m 

1 Scotland and the Protectorate (S.H.S.), p. 302. ^ NicoU's Diary, p. 34. 

3 Appendix IX, pp. 427-9. « NicoU, p. 66. ^ MS. Burgh Court Book. « Pp. 310-2. 



INTRODUCTION xxvii 

their Protest or Remonstrance of October 1650. The Remonstrance was 
suiDported by the Covenanters of the south-west, whose forces were ready 
to attack either the remnants of LesHe's army or Cromwell, though almost 
prepared to ally themselves with the latter. The disavowal of the King 
made by the Protestors compelled Ai'gyle and liis folio wmg, the Resolutioners, 
to a tolerance of the royalists and Engagers more comprehensive than they 
either desired or intended. The enforcement of the Act of Classes became 
an empty formahty, even before its rej^eal in Jmie 1651, and the influx of 
royalists and Engagers to the King seriously diminished Argyle's influence. 
Charles II's premature attempt to join the royalists, known as the Start, 
proved unnecessary, for in March 1651 he was invited to assume command of 
the army, which, without an overt breach with the Covenanters, had become 
practically royalist in essence, while Ai-gyle had ceased to be a leader. 

While these changes had been taking place the English army had occupied 
Glasgow without resistance. An encounter with the Protestors at Hamilton 
had resiilted in the former's defeat. Edinburgh Castle had siurendered under 
circumstances which suggested treachery. Yet on 1st January 1651 Charles 
had been crowned at Scone. Stirling, Dumiottar and other castles still held 
out and Leslie had fallen back on defensive tactics, trusting to time to wear 
down the invaders, who were imperfectly provisioned and suffering from 
sicliness. He depended wholly on the north for his supplies, and Ci'omwell 
resolved to cut liini off from these by the capture of Perth. Forces, landed 
in Fife, defeated a part of the Scots army at Inverkeithing and Cromwell 
followed to the attack on Perth. The situation left to the Scots one desperate 
alternative which he had foreseen. On 31st July the Scots army started 
on the road to England. Two days later Cromwell followed m jDursuit. 

It was even a more desperate venture than the Engagers' invasion. 
The repression of the last Royalist rising had been drastic. The Enghsh 
Royahsts, too, were doubtful as to the aims of the Scots. When the army 
reached Worcester on 22nd August they had received only the scantiest 
reinforcements and laiew that no more woidd be forthcoming. On 
2nd September, the anniversary of Dunbar, Cromwell, having followed by 
forced marches, engaged the Scottish army and defeated it. The King 
escaped ; Leshe, Middleton and Lauderdale were captm-ed. Of twenty 
thousand men who had set out, few saw then* country again. 

In Scotland a hopeless resistance was gradually subdued. Stu-hng 
Castle surrendered . Tlie Committee of Estates and Comniission of Assembly 
were surprised and captm-ed at Alytli on 28th August. On 1st September 
Dundee was stormed and plundered. In November the Marquis of Huntly 
disbanded liis forces in the north. With the surrender of Dunnottar in 
May 1652 and the Marquis of Ai-gyle's submission upon terms, the reduction 



xxviii INTRODUCTION 

of Scotland was complete. It was at first the English intention to treat 
the country as conquered and annex it to England. More conciliatory 
counsels prevailed and a scheme for the union of the nations was prepared. 
It was accepted without much enthusiasm by parts of Scotland, including 
the biu'ghs, but was vehemently opposed by both j^arties in the Church, 
who, alike, held deahngs wdth the invader to be a breach of the Covenant. 
The chsciission of the details of the miion were not complete before the 
forcible dissolution of the Long Parliament in April 1653, but it was 
inaugiirated in December by the Protectorate. The representation gi-anted 
to Scotland in the Union Parhament was tliirty members. The dm-ation 
of that assembly was brief, and m 1655 a Comicil of State was appointed 
to administer Scottish affairs. Previously the civil government had been 
settled. In place of the Court of Session were seven judges, four Enghsh and 
three Scots, whose competence foimd critics enough at the time. Provision 
also had been made for courts, in place of the heritable jurisdictions. 

While neither coimtry was ripe for union, Scotland had most to resent 
in the change, since its terms chd not benefit all classes equally. The 
representation in Parhament left Scots in a minority. Freedom of trade, 
if it could be achieved, chiefly interested the bm-ghs. Taxation pro- 
portionate to that of England meant a burden on an impoverished country, 
already paj'uig heavily for an army of occupation. The abohtion of all 
tenures implying vassalage and servitudes, of fines payable by tenants, 
and of military service, was a loss to the nobUity and gi-eat lando\vners 
and also, as in the case of Eduaburgh, to the bm'glis. The setting up of 
popular baron coiu-ts was an innovation. The proclamation of pardon 
and gi'ace had many exemptions, including the nobihty and all who had 
been in arms since May 1652. Even the royal biu"ghs, less disinchned 
than others to support the new government, stood to gain httle immediate 
good. Their trade had not recovered ; taxation, though insufficient for 
its pm-poses, was heavy. The Committee for Sequestrations dealt with 
confiscations and fines and, m the case of Edinbm'gh at least, seems to 
have snatched at pretexts for exacting money. ^ The proceeds of their 
work were used partly for the construction of fortresses in Scotland, partly 
as gifts to Enghsh commanders. Under such circumstances it was not 
siu'prising that in the early summer of 1653 there was royahst unrest in 
the north and activities of " mosstroopers " on the Borders to which 
malcontents resorted. The condition of the country gave considerable 
anxiety for a tune to the Enghsh Commander-in-Chief, but the conclusion 
of peace with Holland deprived the Royahst rising of hopes of assistance 
from that quarter and also freed General Monck to take order with the 

' See the apprising of Leith. 



INTRODUCTION xxix 

situation. Even had the royaUsts been free from rivah'ies among themselves 
they were not strong enough to resist under such concUtions and by February 
1655 their resistance had collapsed. It was recognised that the pohcy 
pursued in Scotland had been responsible to some extent for the rising and 
the terms of cajjitulation were not unduly severe. The Council of State 
modified the enforcement of fines and sequestrations. The prohibition 
of prayers for the King was i-escinded, with the result that most ministers 
abandoned the i^ractice. From that date there were no further rismgs. 
Indeed the estabUshment of permanent garrisons at strategic points rendered 
the success of any virtually impossible. 

The capital was not associated with any of the uiu'est after the battle 
of Dinibar. The Council and inhabitants were sufficiently occupied in 
concihatmg the invader and preserving what privileges they could. Indeed 
it would have been worse than indiscreet to antagonise then' new rulers. 
The late wars had left them heavily in debt and the Enghsh taxation was 
at least equally heavy and impossible to evade. Also, though the records 
allude only casually to the fact, Edinbiu-gh and Leith had \vitliin their 
bounds strong dissuasives against revolt in the Enghsh guard houses 
scattered through them.^ On 4th December 1651 the Town Council, 
elected in 16-49, met agam, when two blank pages in the record seem to 
have been intended for an explanation of events. At subsequent meetings 
deacons and members of Coimcil were elected, but the election of magistrates 
was postponed till the arrival of the Enghsh commissioners. On 
24th December was recorded the Chancellor's letter of 5th September 
1650, authorising the Lord Provost to leave the capital since he could 
no longer be of service there.^ Tiiis it appears he had not done. Until 
such time as an election should be permitted, the old magistrates can-ied 
on the work of the Town. They dealt with the collection of the assessment, 
or cess, imposed by General Lambert, amomiting to £200 sterhng a month. 
They sent him the writs of Heriot's Hospital, demanded, though the act 
does not state this, on the ground that Heriot had made liis money in 
England and therefore the building sliould belong to the Enghsh. They 
appointed a committee, in the absence of a treasurer, to look after the 
Common Good, and provide stipends for the ministers, some of whom were 
prisoners in London. After prolonged negotiations and the production 
of the Town's rights, permission was received to elect magistrates. The 
terms of the permission roused a storm in the Comicil.* A debate began 
whether the election should be in the asual manner or whether, in terms of 
the permission, the neighbours should be consulted. Ultimately the 
Council decided to carry on m their accustomed way. The proceedings 
' See pp. 376, 378 and Appendix IX, pp. 430-2. ■ P. 263 infra. ^ Pp. 270-2. 



XXX INTRODUCTION 

seem to have been passed by the EngHsh authorities, for the new magistrates 
took the oath before the new Judge Advocate. Two members, the treasurer 
and a deacon, refused office, the former " something imsatisfied" the other 
refusing absolutely.^ A new deacon was elected, but the office of treasurer 
remained vacant till Michaelmas. 

From this time the Council's part in national affairs was very hmited. 
They sent their commissioners anent the Union, elected their representative 
to the Enghsh Parhament and allowed their clerk to be elected as member 
for the Lowland biarghs. In November 1653 an act as to harboiu'ing of 
strangers was due probably to the iinrest caused by the Royalist rising 
in the north. ^ In February 1654 they joined with the gentlemen of the 
shire in a petition for regulation of the price of coal. They also were 
interested in the legislation as to the forfeited estates. Otherwise they 
took Uttle interest in anything but then- own affau's. To them the dis- 
solution of the Long Parhament merely raised the question whether their 
commissioners should remain in London. The estabhshment of the 
Protectorate required a congratulatory address to Cromwell. The appoint- 
ment of a Comicil of State for Scotland concerned them only as regarded 
lodgings and coach-houses for its members. Even apart from natm'al 
hostility to then' conquerors, this lack of interest was not surprising. The 
EngUsh authorities had taken upon them to enquire in detail into all the 
capital's rights and privileges, and the Council's time was taken up in 
elucidating and defendmg these and in obtaining the renewal of such 
grants as were needful for rehef of the financial situation. They had no 
time to spare for pohtics. 

EDINBURGH AND THE CONVENTION OF ROYAL BURGHS. 

For the first seven years of this period the Convention records still 
are lacking, and Edinburgh has only sparse notices of its meetings and 
legislation. During the remaining years the pohtical situation did not 
permit frequent meetings. The Coimcil records note the hokUng of General 
Conventions at Dundee in 1642, at Dumbarton in 1643 and at Kirkcaldy 
in 1644. In November of 1644 a simamons was sent for a General 
Convention at Edinbrn-gh on 31st December, but there is no evidence of 
the actual meeting. The place of the convention is not named in 1645 and, 
since Edinbiu-gh at that time was suffering from the pestilence, it is even 
sm"prising that commissioners were elected. Biuntisland was named as 
the place of meeting in April 1646, but there is a record of a General 
Convention at Perth later in the same year. In view of Montrose's activities 

1 P. 275. ' P. 326. 



INTRODUCTION sxxi 

in the north, the choice of the latter place is surprising, unless the Convention 
met after his defeat at PhiUjjhaugh. The next notice of a General 
Convention is in August 1648. Thereafter the Convention records are 
available for the meetings of the burghs and Queensferry was the chosen 
place in 1649. The meeting at Cupar in 1650 was postjaoned by- 
Parliament and in 1652 the biu-ghs were summoned to Edinburgh. Another 
General Convention at Cupar in 1653 was dismissed by the Enghsh 
Commander-in-Chief. In 1654 and 1655 the bm'ghs appear to have met 
in Edinbm-gh. Particular conventions also were infrequent. Two were 
summoned in 1642, four in 1643 and one in 1645. There was one meeting 
in 1646, tlu'ee in 1647 and one m 1650. During the English occupation 
meetings also were few. There was one m 1653, two in 1654 and one in 
1655. 

Under such circumstances Httle of importance could have been accom- 
phshed. The acts of Coiuicil record some legislation of the conventions 
at Irvine and Linlithgow. These included a ratification of the National 
Covenant, but were concerned chiefly with affairs at Campvere, unfree 
traders and non-resident burgesses. These matters were considered again 
in 1644 with questions as to foreign merchancUse, forestallers and regraters 
and the conduct of conventions. In 1642 the general searchery and a 
patent desired by an Englishman for making and laying brick had been 
considered. Indeed the disturbed condition of the country precluded much 
work bemg done. Questions were raised and were left unsettled. ^ 

The Convention at Queensferry in 1649 was notable for the successful 
attempt of the other burghs to have Edinburgh's share of the burghs' 
taxation moreased.^ In spite of the capital's plea that its burdens 
called rather for a diminution, its proportion of each hundred pounds of 
taxation was increased to more than one-third. There was justification 
for the alteration, since several other bm'ghs had suffered heavily diuing 
Montrose's campaign. Any irritation felt by the Council at the decision 
was transitory, for, in the same month, they were acting for the rest of the 
burghs in an appeal to the Prmce of Orange for convoys.^ 

Under the Commonwealth and Protectorate, the activities of the 
Convention were much ciutailed. It is jirobable that the meeting of 
shires and biu-ghs in July 1652 shoidd not rank as a convention, being 
summoned to appoint commissioners for discussion of the treaty of union.* 
In October 1655 delegates from the Coimcil were sent to Hadchngton, in 
obedience to an act of the recent convention, charged to supervise the 
election of magistrates there.^ At the same tune a summons was sent out 
for a particular convention to consider the Protector's proposed committee 
» Pp. 11, 18, 47, 48. " P. 205. ' P. 207. * P. 287. ' P. 387. 



sxxu INTRODUCTION 

for trade. In November of that year the Comicil was si>okesnian for the 
other burghs in the matter of the piu'chase of land by creditors.^ 

EDINBURGH AND LEITH. 

During the ear her years of these extracts the ill-will between tlie good 
Town and Leith was latent. The Council continued their policy of sub- 
ordinating the Leith crafts to those of Edinbm-gh and of supervising the 
maltmen, vintners and tapsters of ale.^ Of the crafts the coopers alone were 
openly recalcitrant.^ Such arrangements coidd not have been welcome but, 
aj^art from the coopers, there is no indication of any struggle to enforce 
them. An act of 26th April 1644 shows how near trouble was to the 
surface for then the Council dismissed the captain of a Leith company 
because he was persuaduig the uiliabitants to disloyalty both in civic and 
national matters.'' The Council, however, was preoccupied with other 
affairs and their relations with Leith diu-ing the years of war were confined 
for the most part to collecting the maintenance and endeavoiu-ing to 
complete the fortifications. That work is noted from April 1649 till the 
beginning of September 1650, when the defeat at Dimbar rendered the 
work useless. It had been protracted by the Coujicil's propensity to 
bargain %vith the Estates for preservation of their rights. 

Diu-ing the EngUsh occupation the feeling of Leith against EcUnburgh 
found vent. Indeed the situation from the jjoint of view of the uiliabitants 
had been intolerable ever since the acquisition of the superiority by 
Edinburgh. That Town's position had been ambiguous from the first, 
for the wording of Robert I's charter confirming the " jiort of Leith " to 
Edinbiu"gli, whatever it may have convej''ed at the time of granting, was 
far from being exphcit. The promise, too, of Marie de Lorraine that Leith 
should be an uidependent royal burgh, when luifulfilled, had left Leith 
with a permanent grievance. A final factor, which seems to have brought 
about the ruptm'e, was the settlement in Leith of English colonists. It is 
not unwarrantable to assume that, had it not been for these, Leith might 
not have found so ready an audience for its complaints. It is obvious 
that their plantation must have been made without any miderstanding 
of the pecuhar comiection between the capital and its port, for the policy 
of the conquerors was not generally subversive of the rights of the Scottish 
bm'ghs, which had been the fu-st to submit to the English. The natural 
assmnption is that the colonising merchants were encouraged to settle 
in a place which appeai-ed to be an ordinary seaport town. It may also 
be assumed that the people of Leith would not be the fii'st to disillusion 
» P. 393. » Pp. 9, 15, 27. 84, 89, 90. = P. 8. * P. 38. 



INTRODUCTION xxxiii 

newcomers by explahiiiig the restrictions on trade ciuTent in tlieir 
town. 

There was a foretaste of trouble in December 1651 when the Deputy 
Governor of Leith authorised Leith bakers to sell bread in Edinbm-gh 
and other adjacent places. ^ This the capital resented. A petition for 
Leith seems to have been presented to the Enghsh Parliament m October 
1652 to make the town a corporation distmct from Eduibm-gh.- Its granting 
was recommended for the encoiu-agement of the Enghsh colonists. General 
Monck took up the same attitude in 1653 and 1654, lu-ging that the 
" unbounded authority " of the capital would force the Enghsh merchants 
to leave. In this the General was less than fair to the To\vn Council, who 
seem to have tried to conciliate the merchants by ordering a valuation of 
lands for them,^ and by speaking with them about their desires,'* and by 
waiving certain imposts and taxes. 

From the pomt of view of Edinbm-gh it might have seemed that tliis 
discontent was neghgible. In accordance with the denaands of the English 
commissioners at Dallveith the Coimcil had produced aU evidents bearmg 
on the city's rights and privileges. These were considered by the Council 
of State in London and ratified on 23rd April 1653.* If this ratification 
was sufficient, then sm'ely the matter was settled. It was to prove otherwise. 
The uiliabitants of Leith, encouraged by Monck and backed by the Enghsh 
merchants, submitted in 1655 a petition, embodying in separate docu- 
ments their complamts and their grievances. The latter were dropped 
subsequently, on the pretext of shorteiung the case. The Protector, in 
Jime 1655, authorised General Monck and two of the commissioners for 
the acbninistration of justice in Scotland to hear both parties and decide. 
The petition was followed by the Town ComicU's answers and continued 
in the usual way byrephes, duphes, triphes and quadruphes. The petition 
itself embodies the joint grievances of the inhabitants of Leith and the 
Enghsh settlers." Besides Leith's old woes were stated the complaints 
of those who had fomid themselves in a place with no freedom of trade. 
Apart from the peculiarity of Leith's situation, the existence of regidations 
governhig trade shoidd not have sm'prised them. The exercise of trade 
and merchandice in England was in the hands of the Merchant Companies, 
whose regidations were strmgent and their exactions considerable. There 
had been revolts against their monopoly of trade, comntenanced by the 
late King, bvit the companies had not been crushed and had received from 
the Commonwealth Govermnent the ratification of their privileges. The 
settlers in Leith appear to have expected to exercise their trade without 

» Scotland and the Cominonwealth, p. 347 and p. 317 infra. ^ Ibid., p. 369. 

« P. 296. * P. 327. ' P. 323. ' See Appendix VIII. 

C 



xxxiv INTRODUCTION 

such restrictions as they would have had in England, and to receive 
preferential treatment in a conquered country. Disappointed in tliis, they 
made common cause with the men of Leith. 

The pleadings in the case were voluminous and tended to con- 
centrate on the question important to either side, the superiority. One 
point seems to stand out, that, while Leith had been hardly treated, 
the capital could mstruct its possession with several royal charters. 
Ultunately the matter was decided in Edinbiu-gh's favour by the Coimcil 
of State for Scotland, to whom the case had been remitted. It is not 
necessary to assmue, as has been done, that this implied any partiahty to 
Edinbiugh. The Council of State was composed chiefly of Englishmen, 
who should not have been prejudiced. The diai'ist NicoU asserts that 
the j)rice j^aid for the decision in the Town's favour was the Council's 
engagement to pay for the new fort at Leith, that they agreed to find 
60,0001' g^iid tjiat the work was begun on 26th May 1656. The records 
bear out Ms statement as to the money, ^ although the work cannot have been 
started so early as he states. It was only on 26th May that Monck intimated 
to the Comicil the Protector's intention to build a fort instead of fortifying 
the town. The records suggest no conditions attached to their offer, and 
it was not till 31st July that the Comicil of State's decision was announced. 

In reahty the situation was not so sunple as NicoU represents it. 
Concxurently with tins case other attacks had been made on the capital's 
possession of Leith from an angle wliich presupposed Edinburgh's right 
to the superiority. One was simple enough, bemg the attempt of the 
military authorities to govern Leith themselves.^ The Comicil protested 
and it seems to have been abandoned. Previous to this another attack 
on Echnburgh's possession of Leith had been laimclied, of which there is a 
hint so early as 1652.* On 27th December 1654 the neighbours were 
summoned to an emergency meeting of the Town Council. There they 
learned that Leith was to be apprised from them for pajanent of an old 
debt of 45,000 merks due to the Lords of Session and assumed by the 
Enghsh judges as their successors.* No settlement was arrived at, and 
the magistrates lay under a decree of horning till December 1655, although 
the neighbours had offered to find money for the interest on the 
debt. In that month proceedings to complete the apprising were 
stopped by the Protector,* and the offer to pay the interest was accepted. 
Meanwlule the Council, on 28th February 1655, had appointed a committee 
to discuss proposals for the Citadel which they hoped might benefit them 
by assigning bounds for the garrison.^ This act antedates the presentation 
of Leith's petition. Durmg the year the Council also had been endeavouring 

1 MS. Council Records, vol. XIX. " P. 365. » Pp. 284, 285. ♦ P. 360. 

' P. 394. • P. 367. 



INTRODUCTION xxxv 

to reach an agreement with Leith before the Council of State should issue 
their decision.^ 

It is difficult to assess the real Enghsh attitude towards the dispute. 
The impartiahty of the Enghsh rule in Scotland has been cited as a benefit 
to the country. But, if the authorities favoured Leith's case, it is strange 
that they should have sold that town's liberty to the capital. Again, if 
Edinburgh's superiority was not vahd, the apprising of Leith from the 
Council should not have been possible. It camiot be assumed that the 
English were ignorant of Leith's petition, and it is difficult to imagine how 
the affau' would have ended had Leith's claim to independence been 
conceded. The conclusion appears to be that the English government 
were less concerned with doing justice to Leith than with coercing Edinbiu-gh 
into finding money for their own schemes. 

In such a situation it is cm-ious to find the Leith people appealing to 
the Council for help against the exactions of the English. On 16th January 
the trades of Leith complained to the Coiuicil that the Deputy Governor 
was taxing them." The Council managed to effect a repeal of the tax. 
On 22nd June the baUies, mmisters and kirk session of South Leith sought 
the Comicil's intercession for the return of then- chm'ch.^ The Council 
did then best and were informed that the clim'ch, then in use as a powder 
magazine, would be restored when the new fortress had been completed. 
Privately the English authorities explained the deprivation otherwise. 
They held that it would be unsafe to aUow a Scots minister to preach there 
tiU the fort had been built. 

THE GOOD TOWN AND THE CHURCH. 

It is natm-al that the relations of the Council with their ministers and 
with the Chm-ch m general should bulk considerably in these records. 
But while in the past these relations usually, though not invariably, 
had been cordial enough, between 1642 and 1655 they were strained almost 
to brealdng point. The Council resented so far as they dared the Chmch's 
interference in matters, such as jiatronage, which they considered then- o\vn 
province. They also had contmual difficulty over the supply of ministers 
for the To\vn chiu-ches. 

It had never been easy to procure enough ministers for Echnburgh. 
The Town was divided into six parishes, each with a church or some allotted 
place of worship, and each parish should have had two ministers. In 
1641 only one parish out of the six had its complement. Throughout this 
period it was the constant endeavour of the Council to obtain more, an 
1 P. 390. 2 p. 365. a P. 379. 



xxxvi INTRODUCTION 

endeavoiu" complicated by the reluctance of the Commission of Assembly 
to approve the calls made by the Council. The attitude of that body was 
due largely to the Council's asserted right of calling ministers from any 
part of Scotland. It was claimed that this had been allowed by the 
Glasgow Assembly of 16.38. The Church alleged that the privilege had 
been rescinded in a later Assembly. Later the Commission inclined to 
oppose all Edinbiu-gh's calls because the Council claimed that its right of 
patronage obviated consulting the lurk session of the Town. 

So the years from 1642 to 1650 were pmictuated with calls to muiisters 
of whom few ever were transported to the Town. It is true that in 
1642 Mr George Gillespie came, but, few months later, he accompanied 
Mr Alexander Henderson to London on the business of the Solemn League 
and Covenant. From England Henderson never retiu-ned, dying in Newcastle 
in August 1646. Gillespie retiu-ned, but died in November 1648. The 
Engagement was responsible for the loss of three ministers, the old 
Mr Andrew Ramsay, Mr William ColviUe, and Mr Robert Lowrie, who, 
refusing to condemn it, were deposed by the Assembly. In 1651 fom- of 
the Town ministers, who had left the Town, were captured with the 
Committee of Estates at Alyth and remained prisoners in London for 
many months. 

It was not only the difficulty of the calling of ministers wliich troubled 
the Council. They had also to deal wdtli the question of stipends and with 
the increasing claims of the Assembly and of their own kirk sessions to 
interfere in matters wliich the Council considered their own province. 
In AprU 1642 they agreed that the annuity on house-rents granted by 
Charles I for payment of stipends should be collected for six years. ^ It 
was an unpopular levy from the first and rendered luifair by the claim of 
the College of Justice, if not to total exemption, at least to the privilege of 
assessing their own contribution. The result was that money had to be 
borrowed abnost annually to pay the stipends. On 10th Jmie 1646 a 
special meetmg of the Comicil, Icirk sessions and neighbours considered 
the matter of stipends.^ The Coimcil offered for inspection all their gifts 
and mortifications that these might be compared with the actual stipends 
paid. It was suggested that a representative committee should examine 
these. Unfortunately there is no record of the committee's proceeduigs, 
for it is certain that they must have foirnd the money from siich sources 
inadequate. But such matters were mterrupted. On 12th May 1648 
several of the ministers and the kirk sessions protested against the Coimoil's 
acknowledgment of the Engagement.' The Council promised consideration 
of the protest, but did nothing. There was nothing they could do, short 
» P. 6. - P. 93. » P. 149. 



INTRODUCTION xxxvii 

of defying Parliament. Still it was the beginning of a breach between 
them and the Church, which gi-ew wider as the latter's influence became 
dominant in the State. The growth of such influence is seen in demands 
presented by the ministers and Icirk sessions on 10th July.^ These invited 
the Coimcil to consult them as to nomuiations for the tlu'ee vacancies in 
the muiistry ; ^ to caU the help of the sessions for election of Commissioners 
to the Assembly, and to close the Town ports on the Sabbath. The 
Council's answer stated more or less baldly tJiat all these matters were their 
own concern. Indeed they refused the Assembly's rejiresentation that it 
was " convenient " for them to consult the sessions,^ on the gromid that 
that would infi'inge their right of patronage. 

The downfaU of the Engagement on the field and in the State by justifying 
the Church's protests left that body .supreme. The Council felt the weight 
of its power. With tlnee hundred and eighty-five neighbom's on 
20th October they acknowledged their sm with regard to the treaty, and 
on the same day yielded to a demand for twelve ministers m the Town, 
whose stipends were to be paitl from the kirk lands and from the Amiuity 
wliich was declared pennanent*. About a month later they accepted from 
the great or luiited session a hst of commands more detailed and stringent 
than those previously refused, and ordered their i^roclamation.^ The next 
step was the matter of patronage. In accordance with the Assembly's 
desires, Parliament considered the abolition of all patronage in the Church. 
The Town's commissioners, hi then- quandary, aj^pealed to the Council 
for instructions.* But the Council dared not recommend opposition to 
the general trend of opmion. They instructed their commissioners " not 
to seim singular." 

The increased number of ministers necessitated consideration of means 
for their payment. In Apiil 1649 the Coimcil took steps for a clear 
separation of the mcomes from Church and Town lands, and m June an act 
recorded that Parliament had increased the Amimty from five to six per cent, 
upon aU house rents, becaiise the lower rate did not provide the 19,000 merks 
required for payment of six muiisters.' In September the Council agreed 
that the imnisters paid from the Amiuity should have 3100 merks and 
house rent and that the five payable by the To^vii from the kirk rents should 
receive similar siuns.* These were double the stipends agi-eed upon in 1628, 
whfle, at the same time, the ministers in the landward parishes, from which 
the kh-k rents were derived, had had their stipends raised, in one case by 
the assignment of the whole temds. The result was that the lui-k rents 
were madequate and borrowing had to be resorted to. 



Pp. 156-7. 


" P. xxix. supra. 


^ Baillie, iii., p. 35. 


* P. 178. 


P. 181. 


» Pp. 190. 191. 


' Pp. 197, 204. 


» P. 211. 

c2 



xxxviii INTRODUCTION 

In December 1649 an episode is recorded, creditable to neither party 
concerned.^ The existmg Council were bemg troubled for repayment of 
money borrowed by their predecessors for the Engagement. They appealed 
to the Commission of Assembly, who gave judgment that they were free 
of the debt, since they had abjm-ed that surful pact, but that members of 
the Coimcil who had contracted it were liable as incUviduals. Though that 
favom-ed the Coimcil, a decision of the Commission, noted on 20th February 
1650, penahsed them heavily.- Tliis diverted to the mimsters of landward 
parishes all their own temds. The Covurcil were roused to protest that 
this tlu-eatened all the grants to the Town for the College, the muiisters 
and the poor, from those of Queen Mary to those of Charles I. There 
may have been much to commend m the proposal, but it altered allocations 
of temds and other dues to the Clnu'ch older than the Reformation. In 
addition to such troubles the Comicil had to consider new demands ffom 
the ministers. These asked that the Town should be divided into nine 
parishes and that a new Assembly Hoiise should be made.^ 

The Enghsh invasion put a stop for many months to any mention of 
the ministers. An act of 16th April 1653 states romidly that the Town was 
deserted by them. In December 1651 an act of Coimcil considered the 
payment of stipends to them, both those unprisoned m London and the 
others presiunably m the Town.* But the day of their ascendency m public 
and even in ecclesiastical matters was over and cUvided comisels witliin 
the Chm-ch lessened its uifluence. Resolutioners and Protestors were 
imited only in one opmion, that aclaiowledgment of the invader was a 
breach of the Solemn League and Covenant. The To\to Council, foUowmg 
their usual pohcy and at pams to conciliate the English, foimd that their 
attitude incuri'ed the disijleasure of their ministers. Tliis was shown in 
refusal to collaborate with the Council m matters about which they previously 
had insisted that their advice must be asked. It was shown over the 
election of a pruicipal for the College,^ when the ministers refused to approve 
the leet and withdrew. Later they refused to attend the election of 
commissioners for the General Assembly,^ producing an act of the Assembly 
shoAving that they were not boimd to appear. With regard to the celebration 
of the Sacrament they showed themselves equally im^yielding. It was 
represented to them m 1652, at the request of the neighbours, that there 
had been no celebration for five years, and they were asked to fix a date. 
They postponed a definite answer that year and in the two following 
years.' It was not till 1655 that a celebration took place. The records 
do not state how the ministers' objections were overcome. The only 

1 P. 224. 2 p. 231. 3 p. 232. ' P. 264. 

6 Pp. 276, 278. « Pp. 286, 318. ' Pp. 292, 294, 338, 343, 346. 



INTRODUCTION xxxix 

allusion to the matter is an act of 3rd August authorising the provision 
of the communion elements for St Cuthbert's Chiu-ch.^ 

In the matter of stipends the ministers were obliged to have dealings 
with the Coimcil. The financial position of the city in 1652 made the pay- 
ment of the stipends settled in 1648 impossible. The Council represented 
the situation to the ministers, who agreed to accept reduced stijDends for 
a time. 2 In the following year the sessions concm-red with the Coimcil 
in forming new instructions for the readers and precentors.^ In March 
1655 they approved the Council's uitention to increase the number of 
jDarishes. An act of June 1654 shows that the collection of the Amauity 
was the duty of the deacons of the knk sessions and that they had not been 
suocessfid in theu" charge. In view of this cUfficulty the ministers offered 
to assign it to the Town, upon pa>anent of the arrears due to them, offering 
to serve for a stipend of 2500 merks wliile the Town remained so burdened 
with debt. The Council accepted the offer as a temporary arrangement.* 

THE TOWN'S COLLEGE. 

At this tune appears for the first time the College Coimcil, whose 
deliberations, though recorded in the same volume, are differentiated from 
the acts of the Towti Coimcil regarding the institution. The appomtment 
of professors, new buildings, the receiving and allocatmg of legacies and 
the purchase of lands lay with the latter. The former dealt with the 
revenues, including the stipends of ministers, whose parishes formed part 
of the College endowment. They attended to repairs of the fabric and 
had certain disciplinary powers with regard to both professors and students, 
though the making of rules rested with the Council. 

Until 1650 there was considerable activity as regards building. In 
April 1642 a site was chosen for a new hbrary.^ General Sir Alexander 
Hamilton gave 2000 merks towards providing a roof for it in 1644.* 
Legacies were made for provicUng chambers and the Coimcil diverted to 
that purpose a legacy given for a biu'sar.'' They seem to have reahsed 
that these extensions were haphazard for, in December 1647, alterations 
were ordered to make the appearance of the chambers more uniform.* 
In 1655 the College Council decided that the preferential right of builders 
to the chambers should cease.^ The Town Council made some extensions 
to the area of the College, buying the house, formerly property of Su- James 
Skene of Curriehill,!" and, m 1649, acqiuring land for " yards " to the 
CoUege." 

1 p. 383. 2 pp 292, 294. ' P. 320. * Pp. 341, 368, 372. ^ V. 6. « Pp. 58, 59. 

' Pp. 23, 59, 106, 198, 202, 206. » Pp. 135, 136. ' P. 373. »° P. 19. 

" Pp. 197, 198 See alBoCrawturd'a History of the C7»wra«7^ for hia account of the building. 



xl INTRODUCTION 

There was, as usiial, change among the professors and regents. In 
1642 the appointment of Otto as professor of Hebrew and oriental languages 
is noted. 1 A review of the College treasurer's accounts in 1653 notes that 
a payment was made to him in 1649. On this autliority it would appear 
that Otto held the professorsliip for some time.^ The troubled times were 
responsible for some difficulties. In 1649 Mr Robert Douglas succeeded 
Mr Andrew Ramsay as rector, since the latter held unpopidar views on 
current events.^ In 1652 Mr William Colville, a former minister in the 
Town dismissed for his opuiion of the Engagement, was leeted for and 
then elected principal.* Both steps were opposed by the ministry in 
Edinburgh on the grounds that the Assembly should have been considted 
and that he lay under the censure of the Church. He held the post for a 
short time only. In January 1653 it was recorded that the Judge Advocate 
had suggested a new prmcipal, and Mr Robert Leighton was elected.^ 
The ministers again refused their concurrence, probably because of the 
judge's intervention. 

The chstiu'bed years affected the students. Public laureations, or 
graduations, were abandoned in 1645 because of the pestilence^ and, 
OAving to the troubles in the State, were not resumed until April 1655. 
By this the College library suffered, losing the books wliicli graduating 
students were obliged to present. Because of the pestilence, the College 
was transferred to LinHthgow for a time.' As a result of the unrest there 
is Uttle mention of the students. In 1647 new rules were added to the 
existing ones, increasing the penalties for late return to College. Later 
rules of the same year dealt with matriculation, private study, teaching 
on Sundays and reports of progress.* 

Legacies were frequent during the earlier years of this record. Most 
were for biu'sars, some like those of Sir Robert Demiiston for bm-sars in 
general, others lilve those of James Dalgleish and Mr William Struthers 
for bursars of divinity. In 1646 a large legacy was received from Sir John 
Buchanan of that ilk for bursars and the hbrary. The other Scottish 
colleges also were beneficiaries mider liis bequest, and the Town Comicil 
was appointed to acbninister the legacy to St Andrews.* An act of 12th April 
1647, repeated later, ordered that a tablet should be placed m the hbrary 
recording the names and gifts of all benefactors. i" 

The financial affairs of the College were not too prosperous during the 
period. The Estates at Martinmas 1648 owed it 18,873" 7s 9^ and by 
1650 the borrowed money had mcreased to 52,631", of which the interest 
alone was paid. In 1643 and 1649 the Council found that the College was 

1 p. 2. 2 p. 315. 3 p. 183. 4 Pp. 276, 278. ' P. 326. • P. 67. 
' Pp. 78, 84, 88. 8 Pp. 117, 118. » Pp. 97, 217. i» P. 117. 



INTRODUCTION xU 

being defrauded of a part of its income by the hammermen's possession 
and use of private mortcloths. The practice was forbidden and the 
mortcloths bought for the College.^ A complaint by the regents that their 
pay was inadequate was met by a temporary increase till an " oeconomie " 
should be arranged. In 1647 the CoUege mcome from chm-ch lands 
amounted only to about SOOQi'.^ Still the prospect of the loss of this 
suni by the State's poUcy of abolishing all mortifications of chm-ch lands 
was serious. It was prevented by the English occupation. 

Several acts deal with the growth of the library. New librarians were 
appointed. In 1647 it was agreed by the College Council that, once a 
year, the Rector and assessors were to examine the hbrary and the 
expencUtiu-e on books.* In 1649 the Provost presented a copy of the Bible 
in ten volumes printed at Paris.* In the same year several unwanted 
volumes were exchanged for a copy of Plutarch's Morals.^ Later it was 
arranged that a fireplace should be made there, clocks placed and the 
presses lined.^ In November a Greek book was presented by an unnamed 
Greek stranger, to whom 500 merks were given. Tliis was the Ai'chimandrite 
of Cephalonia, recommended by the Committee of Estates to the boixnty of 
lovers of religion and learning and commending him for his desire to promote 
the " orthodox " rehgion.' It may be doubted whether the Ai-chimanch'ite's 
interpretation of the word " orthodox " was the same as the Estates. 

THE TOWN'S SCHOOLS. 

There are few entries regarding either the grammar or vulgar schools. 
Some doctors in the former were changed. It was dismissed because of 
the plague in April 1645 and did not meet again till March 1646.^ In 
October 1649, at a time when all other stipends were rising, the pay of 
the doctors was doubled.^ In July 1650, Mi' Hew Wallace, master of 
Haddington School, was appointed in place of the late master, Mr William 
Spens.^" There had been some delay in making this appointment, for a 
payment is recorded to a doctor for acting as master for fovir months. ^^ 
The school was dismissed at the approach of the EngHsh array and apparently 
did not resume till November 1651. As the school buildings had been 
plmidered by the sokUers, Lady Yester's church was prepared for its 
temporary accommodation. ^^ 

In 1652 the doctors petitioned the Comrcil for jiayment of their salaries 
of lOQii. The Coimcil instead reduced them to the old figure. A few 

' Pp. 24, 202, 203. « p. 135. a p. 138. 1 P. 190. 

6 P. 199. « P. 216. ' P. 219 and Appendix V. « P. 67, 81. 

» P. 217. '» P. 242. " P. 259. ^' Appendix IX, p. 429. 



xlii INTRODUCTION 

months later, while allowing the master 200'' a year, they arranged that the 
three existing doctors should have the pay of the fourth divided among 
them till the place should be fiUed.^ In November 1653 the master was 
included in a committee appointed to consider the progi-ess of the scholars 
and students in the College. ^ A year later, with a petition for a fourth 
master, were coupled requests for increased pay and arrears. The Council 
appointed a new doctor, increased the pay of the doctors of the two highest 
classes to 601', decreased that for the lowest classes to 40^' and paid the 
master 200 merks for arrears.^ 

There is stiD nothing to show the number of vulgar schools. The 
records note the appointment of schoohnasters, usually with the condition 
that they might have to act as precentors. In 1645 two men were given 
grants for the estabhshment of music schools. In 1647 the ciuriculum for 
vulgar schools was stated as reading, wTitmg and ciphermg. In the foUowuig 
year the master of one such school was selected to teach writing in the 
grammar school. In 1654 the Council had to forbid the teaching of Latin 
in these schools and summoned three of their masters for disobedience to 
the rule.* 

TRINITY HOSPITAL. 

In spite of their preoccupation with other affairs, the Town Council 
tm'ned their attention to the reorganisation of Truaity Hospital on a basis 
which hardly altered during the remaining centuries of its existence. 

A committee was appointed on 9th February 1642 to examine the 
Hospital and to report. About two months later, the Coxmcil determined 
that the place was to be " reformed " and additions biiilt.^ On 23rd May 
1643 the alterations were described in detail, inclucUng the building of 
partitions to form httle rooms for the occupants. Stones for the work 
were to be taken from DingwaU Castle, the former residence of the Provost 
of Trinity College, whose name it bore. From that date tiU 1650 there is 
no mention of the work, but it must have been nearly finished by 
27th February when the Council ordered several improvements and set 
about finding someone to take charge of the Hospital, either man or woman, 
and an " expectant " or student of divinity, to take prayers there. ^ By 
13th March the person was found, one Bessie Hutchison, a widow. The 
agreement with her was recorded at length. She was allowed iO^^ a year 
for each of twelve imnates for bed, board and wasliing. There were to 
be three servants, a man cook, who combined gardening with his work, 

» Pp. 288, 316. 2 p 326. 3 p. 340 1 pp §7, 129, 178, 342, 349. 

s Pp. 7, 27, 47. « P. 231. 



INTRODUCTION xliii 

and two women, a bedinaker and a laundi-ess. Among other things, 
Bessie Hutchison was promised a place in the liospital in her old age.^ 
On 3rd July the new inmates were installed.- It was not for long that 
this lasted undistm-bed. On 7th August preparations were made for 
accommodating wounded soldiers there, ^ and at some time in that month 
trenches must have been dug in the grounds for defence of the Town against 
the impending invasion. These were still tliere on 29th April 16.53, when 
instructions were given to have them filled in. At that time the masters 
were allowed to have two cows to give millc for the Hospital.* 

On 9th February 1655 a chaplain was appointed to serve the Hospital, 
St Paul's work and the Correction House. His duties were defined by an 
act of 7th March, wliich also arranged his salary and the provision of board 
and lodging in a " cliief " place in the Hospital.^ 

ST PAUL'S WORK. 

Within this building were housed the Correction House and tlie 
manufactory, and it is difficult always to chfferentiate between the two. 
The manufoctory existed for training poor children in spuming, weaving 
and luiitting, the Coi-rection House for the restraint of incorrigible vagabonds. 
Both had started experimentally under the Council, but the former had 
been set in tack to Robert Trotter and his partners in 1641. The latter 
had received Royal letters patent m 1634. The mamifactory, Ijesides 
being a means of training children, was supposed to be a paying concern. 
It is more than doubtful whetlier that hope was fulfilled. The concern 
was faced with the difficulty that the manufacture of cloth conflicted with 
the interest of the Town crafts. Consequently it was burdened with so 
many restrictions that any profit must have been negligible. Tliat it 
existed at all was j^ossible chiefly tlirough the sujijJort it received as charity, 
by legacies and from the kirk sessions. 

The contract of 1641 apparently ended in Marcli 1647 and tlie matter 
came up for discussion. ^ The tacksmen undertook to forego any loss 
incurred by them through the Council's non-fulfilment of the conditions 
of the tack. It is not stated that this was renewed, but the tacksmen seem 
to have remained in control of the manufactory, for the CouncU engaged 
to pay them the interest on their father's legacy to be used for the 
manufactory there and at Bonnington Mills.'' On 22nd September 1648 
an act records that the tacksmen had repaid to the Council £1000 sterling 
left formerly to the work by Heriot's executor, Robert Johnston. On 
23rd February 1649 the Council ordered proclamation that the tack was 
' P. 233. 2 p. 242. 3 P. 255. ■• P. 313. ^ pp. 366, 368. » P. 112. ' P. 125. 



xHv INTRODUCTION 

open to offers, stating that the work might be profitable if it were well 
managed. There can have been httle competition for, on 27th April, 
Robert Trotter obtained the tack of the manufactory and of the Correction 
House adjoinhig it. The Council engaged to repair the buildings, to 
provide cliikken for the work, to pay interest on all legacies and to obtain 
from the kirk sessions £100 sterlmg a year for the Correction House. The 
tacksman undertook to train the childi'en, feed and clothe them. He 
engaged to provide separate rooms for male and female occujiants of the 
Correction House and to appoint a master. Tliis agreement lasted till 
1654 when the manufactory was set to two tacksmen. ^ The terms were 
somewhat similar, but stress was laid upon the condition that no work 
was to be received from outside sources. All mamifacture was to be " from 
the wool to the merchant " and apparently was intended chiefly for export, 
as less likely to prejudice the Town crafts or merchants. 

THE TOWN'S SUPERIORITIES. 

It was not a time in which the Town Council could have been expected 
to do much to extend then- borders. The peaceful years of Charles I's 
reign had seen the gratification of the Council's old desnes in the acquisition 
of North Leith, Canongate and Pleasance. Yet, in spite of war and other 
troubles, another addition to the Town was acquired, and negotiations 
begun for a thu'd piece of land. The need for possession was obvious. 
Outside the wall lay to the south the subiu-b of Potterrow, and to the 
west the suburb of West Port, both outside the Council's jurisdiction, 
and potential if not active nuisances. Belimd the north side of the 
Grassmarket, below the Castle, lay King's Stables and the Barras, which 
also attracted their attention. 

To the acquisition of the former two the Council turned then attention. 
By means of their Clerk, William Thomson and Sir Adam Hepburne of 
Humbie, the superiorities of West Port and Potterrow were bought from 
the Lau'd of Inverleith for 20,000 merks.^ A charter imder the great seal, 
dated 4tli April 1649, erected these into a biu'gh of regality as the Portsburgh, 
but the later charter of 1663 describes it merely as a burgh of barony. A 
clerk to the new burgh was appointed in April 1649, baihes a month later, 
and a seal was approved in June of the same year.^ Arrangements were 
made for holding a head coiut at Bristo in October, to wliich the crafts of 
Potterrow and West Port were summoned, bringing their seals of cause 
and other authorizations for trade.* Unlike the inhabitants of Leith and 
Canongate, the Portsburgh men jiroved tractable. They made no objection 
» P. 351. 2 Pp. 151, 156. ' Pp. 197, 201, 204. * P. 213. 



INTRODUCTION xlv 

to the limitation of the numbers of vintners and tapsters or to the payment 
of yearly dues, and in March 1650 these persons were elected. ^ A few days 
later colom-s were ordered for the two companies of the new burgh and 
arms were lent for the use of such inhabitants as had none.^ When the 
English attack was feared the uiliabitants helped with entrenchments 
beside the Society windmill and horses were commandeered from them for 
the use of the Scottish artillery.^ 

In April 1652 the inhabitants were authorised to procure a Tolbooth 
for the barony at their own expense,* which they contrived to do. About 
a year later the maltmen petitioned the Council for a lower entrance fee, 
a desire granted for the ensuing fom* months.^ In November 1654 a question 
arose whether Portsburgh and Pleasance were taxable with the burgh or 
the shire.® No settlement is recorded, but it is probable that the Town 
secured the right. In June 1655 the bm-gh was allowed to repau- a loft in 
St Cuthbert's, allocated to the Town Council, for then- own use, saving 
the Council's right to it.' 

Having acquired these superiorities, the Coimcil turned next to the 
acquisition of Kmg's Stables and the Barras. The land had passed from 
the Crown to private persons and from the last of these, James Boirland, 
the Council resolved to acquire it. Negotiations were begun in June 1649 
and were resumed only in March 1655, without reaching an agi'eement. 
It was not till after the Restoration that the property was acquired. 

The superiority of the King's Wark added to the Council's posses- 
sions in Leith. Originally Crown property, it had been conveyed to 
Bernard Lmdsay as a barony and, as such, had been always outwith 
the jiu-isdiction of the baihes of Leith.^ It was acquired from Lindsay's 
heu-s by Sir William Dick and was taken over from Su- WiUiam in a trans- 
action complicated by his mdebtedness to the Town.* The Council's 
possession of the place was queried by the Commonwealth officials, in spite 
of the fact that their titles were in order, on the pretext that it was still 
Crown property. On 1st September 1654 the Council were obliged to 
give bond that, if the property were found to belong to the late King, they 
would repay all the rents collected from it by them.^" 

BUILDINGS IN THE TOWN. 

In spite of other distractions there were some buildings in progress 
in the Town dming these years. Of the most interesting, Heriot's Hospital, 
little is found smce the Council had not sole control of the work. Its 

1 Pp. 228, 236. 2 Pp. 236, 238. » Pp. 249, 259. * P. 277. » P. 312. 

P. 355. ' P. 378. » City Charters. » P. 119. »» P. 346. 



xlvi INTRODUCTION 

progi'ess is mentioned once or twice. In January 1643 steps were taken 
to get lead from England for it, for the church at the Tron and the College 
library.^ In April 1644 the Hospital treasurer was authorised to demolish 
a part of the To^vn waU to make an entrance to the new building.^ Tliis 
entrance was from the Grassmarket at the spot known as Heriot's Bridge. 
An alteration of the design was reported in January 1648 by the Town's 
master mason and master \\Tight, by which the south-west tower was to 
be taken down and made uniform with those on the north side.^ 

The ParUament House was virtually finished. The last accounts were 
passed in January 1642. The Coimcil appear to have taken pams to 
improve its sim'omidiiigs. New shops were built by them in the Parhament 
Close and let only to goldsmiths, bookbinders and other respectable trades.* 
Crames or stalls were forbidden Ln the close and oak rails were put round 
the north side of the church and at the Lady Steps.* Another plan for the 
decoration of the close was never finished. It was plamied to set up the 
outer gate of the Castle at the entrance to it, but the EngUsh invasion 
interrupted the work which never was finished.^ 

The second of the great undertakings, the church at the Tron, was 
finished slowly.' In December 1642 an agreement was made with Jolm 
Mihie for completion of the stone work by Michaelmas 1643 for £.500 sterling. 
He must have fulfilled his share of the agreement for, in Augiist of that 
year, it was reported that the chiu'ch was ready for roofing. There was no 
money in hand and the Council ordered tlie borrowuig of 60001*. j^ 
December it was agreed to build the steeple thirty feet liigher at an 
additional cost of 1000 merks. Towards the end of 1644 it was reported 
that the chiu-ch was ready for the wooden roof. The matter of the outer 
covering for the roof was much debated and slow of performance. First, 
it was settled to roof it with lead. Then copper was chosen, and various 
persons sent to Hambiu-g to procm-e the metal and study the way of its use. 
This was costly, the estunated price being 8000''. For all the Council's 
efforts, the roof was not finished in 1652 and had not been paid for, and 
ultimatelj' one aisle had to be covered ■nith lead. Little is recorded about 
the finishing details, save that a gallery was to be built and a porch with 
double entrances. 

The church at the Castlehill, planned at the desire of Charles I, was 
never fiioished. The Council had every intention of completing it, but 
the revenue from the merk per tim, set aside for the purpose, was not 
sufficient and by November 1646 the work was in debt to its treasurer to 
so great an extent that building was abandoned until he should have been 

1 p. 22. 2 p. 45. 3 p 142. * Pp. 14, 25, 224, 228. ' Pp. 21. 139, 224, 228. 
« Pp. 207, 209, 237, 241. ' See Index for aU entries. 



INTRODUCTION xlvii 

repaid from the impost.^ Towards the close of 1648 the Council ordered 
that stones collected for the building should be used for the repau- of 
St Giles steeple.^ It was said to be a temporary loan, but in 1653 it appears 
that the work was definitely abandoned. The reason probably was financial, 
but the abandonment led the Council mto considerable expense in sub- 
dividing their existmg churches to provide accommodation for the increased 
number of parishes. Also Lady Yester's gift of a chiu'ch possibly induced 
the Covuicil to give up a work wliich they had undertaken unwillingly. 

No new buildings in the Town are recorded after the English occupation. 
Indeed tlie Council liad more than enough to do in repairing the churches 
damaged by the EngUsh sokUers, and were forced to arrange that the 
parishioners of the College and Greyfriars' Churches should be responsible 
for most of the repairs. They also were jiut to considerable expense in 
subdividing the Mid Church of St Giles and Greyfriars' and in providing 
extra galleries for accommodation for the congregations. St Cuthbert's 
Church, too, was divided. 

EDINBURGH MARKETS AND TRADE. 

On the whole the Council had not much trouble over their markets. 
In 1642 the old problem of the Monday market, abolished by act of Privy 
Coimcil in 1592, reciured at thp mstance of the ministers.^ The prevalence 
of forestallers and regraters was responsible for a lengthy act reorganising 
the supervision of markets and selling prices for victual.'' It was over the 
cattle market that the Council had most cUfiiculty. There was constant 
difficulty in compeUing landward persons to bring their cattle and sheep 
to the House of Muir or the West Port. It was the practice of intending 
purchasers to meet the drovers before they arrived at eitlier of these places 
and make their bargain without payment of customs to the Town. A 
rival market at Brighouse Knowes was also a som'ce of trouble to the 
Coimcil. It is mentioned first in an act of July 1644.^ Nearly ten years 
later the Council turned their attention to the subject again. A proclama- 
tion was issued against forestallers of the market at House of Muir.® This 
proved ineffectual and the Coimcil obtained from the Enghsh authorities 
an officer and twelve soldiers to accompany their representatives to Brighouse 
Knowes to prevent a market there. In June 1655 certain members with 
their escort went to that place and obliged the flockmasters to drive all 
their sheep to the House of Muir.' Having done so, they passed from all 

1 Pp. 105, 111. * p. 182. s p. 7. 4 Pp. 15.7. 

* p. 50. So far as can be ascertained the place seems to have been at West Linton, 
where famous sheep markets were held. 

8 p. 328. ' Pp. 379, 380. 



xlviii INTRODUCTION 

punishment for that time on condition that no more markets should be 
held in that place. 

The matter of trade within the Town occupied the Covmcil to some 
extent. In January 1642 they enacted that burgesses living outside the 
biu"gh, but engaging in trade there, were to be treated as imfreemen.^ 
Three cases are noted of Enghshmen tradmg in the Town or the Canongate 
and all were fined, and in 1648 a Frenchman from Rouen was fined the large 
sum of 500 merks for selhng merchandise in Leith and in Edinburgh.^ 
These entries, relating to foreigners caught breaking the law, suggest that 
a number of strangers must have frequented the bm-gh for trade. Tliis 
is borne out by an act of July 1649 ordering all offers of goods by strangers 
from England, France and Holland were to be made in Scots currency for 
avoidance of fraud.* 

The plantation of English merchants in Leith was a vexation to the 
Council, since these ignored the restrictions on trade which had always 
been inii^osed on the port. The Council found it expedient to concede 
what they could not enforce. It was noted in November 1654 that they 
had tried vainly to collect the merk per tim and per pack from the Enghsh 
merchants. Therefore, alleging the recent Union as a reason, they exempted 
from that impost all Enghsh commodities brought either by land or sea.* 

Considerable attention was paid to foreign trade. Fifteen acts record 
bills of health given by the Coimcil to ships, trading chiefly with Sjiain. 
These show tliat exports were cliiefiy Scots and French hnen, timber, 
wax and woollen materials. The nature of the retiu^n cargoes is not usuaUy 
stated, though, in one instance, it is noted that a captm-ed shijj was laden 
with Spanish wool. Cargoes brought for the Town's use, as apart from 
private ventures, were cliiefiy timber from Norway and the Easter Seas, 
though arms and ammiuiition were imported on a large scale both for the 
To^vn and tlie nation. 

Risks attending overseas trade were great durmg most of the period. 
In July 1642 a Leitli ship was captiu:ed by a " Biscayner " man-of-war. 
In 1647 a ship was captured by an Irish frigate from Wexford. Shortly 
afterwards the Council records mention the use of convoys. An act of 
April 1648 shows that Dutch ships were convoying Scottish ones from 
Campvere. In 1649 a reqiiest was sent to the Prince of Orange, the 
magistrates of Campvere and the admiralty of Zeeland for further convoys. 
An attempt was made by Parliament to equip merchant ships for this 
purpose and an Edinbm'gh merchant was charged with the work, costly 
in so much as he had to find £200 sterhng for the purpose. He received 
no payment till, in 1654, the Council paid him themselves. Stfil the 
1 P 2. 2 Pp. 14, 41, 117, 179. » P. 205. * P. 356. 



INTRODUCTION xlix 

precaution did not prevent further losses. An act of May 1650 recorded 
the capture of a Leith ship, employed on public service, betrayed by her 
captain and taken to Haarlem. In Sejjtember 1652 another merchant 
suffered from the Aiaglo-Dutch war. His ship, bound from Bilbao to 
Amsterdam, was taken by an Enghsh man-of-war. In 1655 a i:)roposal 
was made to the Council by a London agent to take steps for recovery of 
Scots losses from the French. There is no indication how much such a 
proceeding was necessary. 

DOMESTIC AFFAIRS— THE FREEDOM OF THE BURGH. 

It had ever been the practice of the Town Council to admit to the 
freedom of the burgh the i^ersons whom they desired to honour, or proteges 
of such persons. That this was discountenanced by the Convention of 
Burghs was usually disregarded until it became necessary to impose some 
check upon such admissions. It had become the custom also at the rare 
visits of Kings to admit to the freedom most of theu' retinue, persons who 
had not and were not likely to have any comiection \vith, or residence in 
the burgh. During the Commonwealth and Protectorate the Council 
admitted indiscriminately officials of the English government, and officers 
of the army as well as persons recommended by them. In 1550 the Council 
became conscious of the possible abuse of numerous admissions, and 
appointed a committee to seek all acts of the Convention and of their 
own against gratis burgess-ships. Few are recorded in the proceedings 
of the Convention, but there were several of their own, all equally dis- 
regarded. On 10th March 1654 they enacted that no Scotsman siiould 
be made burgess or gildbrother gratis, an attempt at a restraint wliich left 
them free to conciUate the English by such admissions.^ 

A differentiation is foimd in the formidas used for admission at this 
time. Admissions were made by the Provost, bailies, dean of gild and 
Council or by the dean of gild and his council. The former seem to have 
officiated in the cases of freemen who were not hkely to become residents and 
to whom the grant was merely comphmentary. At a later date the names 
of such came to be recorded in a special volume as " Council Bm-gesses," 
a distinction corresponding roughly with the present honorary freeman. 
Other distinctions are made in the admission of freemen of wliich the purjiort 
is not clear. There were those who were admitted upon payment of the 
dues, which the dean of gild was ordered to repay. Many of them would 
use the privilege as traders and residents, but the exact significance of 
exacting and repaying the burgess dues was never explamed. A further 

1 P. 333. 

d 



1 INTRODUCTION 

difference was made between admissions " in common form " and " in 
most ample form," or " in the best form." Those acbuitted in common 
form were usually the nobiUty, officers and officials and other strangers 
not likely to use the privilege. Those admitted in most ample form, if 
not aheady residents and traders, might become so. Sometimes it was 
stipulated that the privilege was personal and not applicable to their 
descendants. There is one mstance of a merchant made freeman in 
common form being readmitted m the best form for payment of the 
orcUnary duty.^ 

In August 1647 was recorded an act of Council dated more than a year 
earher, which raised the price of burgess-ship to 1601' and of gildry to 
24011.^ There is no reason given why the act was not inserted at the time, 
while the dean of gUd was authorised to act upon it. This tariff continued 
till 1652 when the Council reduced it by one-third. The Town at that time 
was full of refugees from other places and the Council chose to have them 
as bm'gesses at a lower rate rather than as unfreemen.^ Still the price 
was too high for the tunes and in 1654 the price of freedom was reduced 
to the origmal sums of 100 marks for burgess-ship and lOQH for gildry. 
The reduction was justified on the ground that freedom at so low a price 
need not be asked as a favour.* 

THE COUNCIL AND THE CRAFTS. 

Relations between the Council and the crafts ajjpear to have been 
amicable. There was one application for a change m the representation 
of the crafts on the Council which was ajsproved without discussion. The 
petition was presented in September 1648 by the deacons of the wrights, 
masons, bakers, fleshers, weavers, waulkers and boimetmakers.^ They 
stated that the remaining crafts had exercised for many years the right 
to be ordinary deacons of Council to the exclusion of the petitioners and 
that tliis discrimination had no basis in the decree arbitral of 1583. The 
position was exactly as they clamied it. The cUscrimination dated back 
to an act of Council in 1569 when they were excluded on the groimd that 
crafts employed m " mennis svistentatioiui " being on the Council might 
influence unduly that body to their own advantage. The petition seems 
to have been unopposed by the other six crafts, and from that date the 
petitioners, or at least the most influential of them, graduaUy found a 
place on the Coimcil. 

In disputes among the crafts the Council were called to arbitrate. There 
was trouble between the surgeons and the apothecaries and barbers. The 
1 P. 344. * P. 130. ' P. 288. " P. 347. ^ P. 169. 



INTRODUCTION U 

division between tke art of siu'gery wliicli was the exclusive right of the 
surgeon and the kmdi'ed trades of barber and apothecary was vague. In 
1642 the surgeons appealed against the barbers of Leith who had been 
practising sui'gery.^ The Council supported the former and forbade the 
men of Leith to use the craft without permission. In 1643 the surgeons 
and apothecaries quarrelled.^ The latter had been prescribing for ilhiesses 
and the surgeons ajji^ealed to the Council agauist this uifi-ingement of 
their rights. A committee considered the case and reported to the Coimcil, 
who gave judgment. This differentiated in some detail between the pomts 
of the craft reserved to the siu-geons and those which the apothecaries 
might jiractise. Among these last was the permission to the apothecaries 
to prepare and admuaister medicines " inwardly." In 1649 the surgeons 
and barbers united m a complamt against the mifree svugeons and barbers 
of the Canongate, Leith and other subm-bs, and the bailies of these parts 
were enjoined to see that none practised the craft or put up signs without 
permission of the Edinburgh brethren.* Later in the year the Canongate 
barbers were summoned before the Council for the same offence. They 
protested that they had used the barber craft only and acknowledged that 
they never had had either seal of cause or deacon, but worked at their 
own hand.* In 1655 there was renewed trouble between the surgeons 
and apothecaries in wliich the rights of the surgeons were confirmed by 
the Council. The apothecary, against whom a definite complaint had 
been made, protested against the decision ua a manner " unbecoming any 
burgess." * 

The troubled times produced a shortage of men in one or two crafts. 
A shortage of slaters m 1648 was causing delay in the Town, and the Council 
off"ered to grant freedom gratis to any fom- expert slaters presented by the 
deacons of the masons and wTights. Tliis, however, does not seem to 
have attracted the desired number of men.^ In 1655 the boimetmakers, 
never an important craft, petitioned the Council, showmg how reduced 
in number they were and how poor, and begguig for a reduction m the 
bm-gess dues for four old servants of the craft. The Council granted the 
petition.' 

It was ui 1655 that the Council considered a representation from the 
carters and sledders of Edinburgh who desired to be mcorporated in the 
mamier of the carters and sledders of Leith. They wished to have their 
Uberties and bounds defined and to be allowed a common " box " for the 
support of then- poor. After exammation of the Leith organisation, rules 
were approved for the Edinbmgh men upon that model.^ The candlemakers 



» p. 15. 


2 P. 38. 


» P. 198. 


« P. 206. 


s P. 408. 


« Pp. 160, 209, 221. 


' P. 367. 


« P. 376. 

d2 



lii INTRODUCTION 

in 1643 were found guilty of having seized a freedom to which they were 
not entitled, beside the lesser crime of seUing candles at extortionate prices. 
The Council forbade then to appoint deacons and boxmasters or to admit 
apprentices and freemen. The latter part of the pi'ohibition was relaxed 
two years later, when they were allowed apprentices.^ 

Mentions of other crafts are few. There were several attempts to 
compel the fleshers to find slaughter houses outside the biirgh, but of these 
places the North Loch seems to have been the most suitable.^ In 1649 
the masons and wrights had their powers of pidling do\v'n, altering and 
repairing houses restricted. In 1642 the bakers received possession of new 
lands ia the Water of Leith.^ 

THE TOWN'S FINANCE. 

No narrative of EcUnbmgh affairs at this time is complete without some 
allusion to money matters. That subject fiUed a large part of the Council's 
time and was not the least of their anxieties. While it camiot be dealt 
with in detail, some of the problems must be mdicated, and the siunmary 
of the treasm-ers' accounts in Appendix IX speaks more eloquently than 
much explanation. 

The Common Good of Edinljurgh never had been adequate for the 
demands upon it. Even dinuag the comparative prosperity of the close 
of James VI 's reign the Council had been forced to add taxation for their 
own purposes to royal extents. From Charles I they had obtamed the 
grant of imposts to pay for public works inspired by Mm, but these, either 
by negligence in collecting, or as a burden too great to be borne by trade, 
were not sufficiently productive to cover the expenses for wliich they were 
intended. In addition to this, royal taxation tended to recm- more 
frequently, as tlie Crown rents became less adequate for their purpose. 

When, in 1643, the nation found itself at war, the difficidties of the 
Council became more pronounced. Though comparatively unaffected by 
Montrose's campaign, the city's financial position was compKcated by the 
epidemic which reduced the yield of the Common Good' and receipts from 
trade, while payments for the maintenance of the army in England continued. 
In the year 1647-8 the demands on Edinbiu-gh reached an unprecedented 
height, for wliich the contribution towards the Engagement was not wholly 
accountable, wliile preparations in 1649 and 1650 to resist the Enghsh 
invasion bore hardly less upon the Town. The burdens during the Enghsh 
occupation are not fully sho^vn m the treasmers' accoimts, for the " cess," 
the taxation for the army of occupation, does not appear in these. The 
> Pp. 133, 324, 384. « Pp. 17, 353-5, 371. ' P. 5. 



INTRODUCTION liii 

Council recoris show the sums ordered to be levied for that purpose, but 
not always the actual yield of the tax. 

To meet all these claims the Council's one resource was borrowing. 
They borrowed till the extents could be collected, and borrowed again to 
pay the interest on their loans as well as the principal. The different Councils 
of the period realised fitfully the extent of their iadebtedness, for attempts 
were made to obtain yearly statements of their position. For the state 
of the Town's finances the Council cannot be held whoUy responsible, as there 
is no reason to believe that the contributions levied were in excess of the 
inhabitants' capacity to pay. The trouble lay in the fact that the Estates 
treated the Council as their banker, insLsting that taxes should be advanced 
before there had been time to collect them, and demanding immediate 
loans for various emergencies. Repayment took the form of remission of 
a portion of later taxation or of grants of which the Coimcil had to become 
collectors, which might be and, in the case of the excise, were problematic 
in their yield. A finisher disadvantage of such proceedings is that the 
extents were increased by the addition of interest on the money borrowed 
to be advanced. 

In March 1642 one term remained of the tax imposed in 163.3. The 
Comicil also required 10,0001' spent on the reception of the King in 1641, 
and imposed a tax of 40,000^' to be collected in two annual instalments. 
The last instalment coidd hardly have been collected when the Estates 
called for a loan to finance the army to be sent to England. Tliis was 
to be imposed upon trade and upon land. By the inclusion of the latter 
the CoUege of Justice and other residents, who were neither merchants 
nor craftsmen, were included, though the Lords of Session were exempt. 
It was impossible to collect the money in time and the Covmcil had to 
borrow, adding a sum to the tax to meet the cost of borro^ving.^ The 
agreement with the English Parliament had provided that the cost of the 
Scots army should be defrayed by the English. For the meantime the 
Estates had to finance the army and an excise was laid upon all imported 
goods. It was not sufficient for the purpose and in February 1645 a tax 
was imposed for the maintenance of the army. On 19th March the Coimcil 
took steps for levying their share, based upon the number of men supphed 
or who should have been supphed for the army by Edinburgh and its 
subm-bs.- In view of later complaints by South Leith as to this tax, it 
should be noted that the Council were responsible for settling neither the 
quota of men nor the sum assigned for their upkeep. That was the work 
of ParHament. The maintenance started as a temporary measiu-e and 
finally became payable regularly. The Coimcil had difficult}' in collecting 
' Pp. 4, 37, 41, 44. » Pp. 64, 68. 



liv INTRODUCTION 

it quickly and had to resort to boiTowiiig from private persons and institu- 
tions. In order to compensate the Town, the Estates granted to the 
CouncU the collection of a part of their owii excise, a gift wliich proved as 
hard to collect as the tax.^ In spite of tliis and other concessions the 
Estates owed the Town nearly 80,000ii in Jiily 1646, the mterest of which 
was to be paid from the excise, while, at the same time, the Town was in 
arrears with its maintenance.^ A few months later the Council were called 
upon to supply £1000 sterling for Higliland garrisons. They protested 
their mability to pay and finally the contribution demanded was halved.* 

Although individual merchants of the Town were wealthy, the Coimcil 
found it hard to produce tlie money requu-ed. The pestilence of 1645-6 
dimuiished by about a hah" the revenue from the Common Good. Complaint 
was made to the Coiuacil that people were refusing to jiay their taxes, and 
they were forced to refuse to grant infeftments of lands or ammah-ents rnitil 
arrears of taxation were paid. 

Still the demands of the Estates continued. An advance of 60001' 
was asked in February 1647 for one of the regiments retained at the dis- 
banding of the army.* The siun was raised by loans from the baihes 
and several coimcillors. A little later, for the equitable collection of 
maintenance, a siu-vey of bvu-gh lands was ordered.^ But in April 1647 
the Town was still hable for eight months' maintenance, after deductions 
had been made on the gi'ounds of their misfortimes and previous advances.* 
The tax to be collected amounted to 98,105" and the Council ordered this 
to be raised " promiscuoushe " from lands and trade. A few days later 
the Estates reduced the sum m exchange for an umuecUate payruent of 
three months' maintenance, being 15,5221'. fhe Council borrowed the 
money upon their bond.' 

In the same year the Council took in hand the farming of the excise 
on wine.^ There was some diificiilty over the transaction owing to the 
attempt of one neighbour to take the tack privately. Early in January 
1648 they offered to take the tack of the ale, beer and merchandise in 
shire and burgh.* In February the treasiu^er was authorised to borrow 
20,00011 for payment of the interest on debts, extending so far back as 
1640.10 Not three months later the Coimcil had to offer 40,000' ' for the 
Engagement. No lenders came forward from the uiliabitants and the 
Coimcil borrowed from the Lords of Session and a gentleman of the King's 
Bedchamber.il In addition to that sum, calls for maintenance continued 
with a further sum for fitting out a man-of-war. i^ 

The change of government from the Engagers to Argyle's party brought 

» p. 86. « p. 95. « p. 99. * p. 109. ' P. 110. « P. 114. ' P. 115. 

' Pp. 118, 122-5. » P. 141. " P. 144. " Pp. 148, 150. " Pp. 151, 153, 159. 



INTRODUCTION Iv 

no relief. The Council, in September 1649, had to find 90,0001' for 
maintenance, payment to Dutcli banliers for arms and to troops brought 
fi'om Ireland.^ The renewed fortification of Leitli was to be met from 
the excise, ah'eady assigned to them for the payment of advances, but 
even that had to be borrowed for the tune. In November the CouncU 
were ordered to get arms and ammimition from Holland and, in spite of 
these demands, were tlu-eatened with horning for the Town's an-ears of 
mamtenance.^ In February 1650 the Comacil farmed out the excise for a 
sum to be used for the fortifications of Leith and m Jiuie accepted an offer 
of the rest of then- own excise \vith the excise of East and Mid Lothian 
for the same iise.^ In July the Comicil found it necessary to impose a 
tax of 1 00,0001 i for maintenance, muiisters' stipends and the Irish regiments, 
while the arrival of Cliarles II brought the extra expenses of liis household 
and liis entertaimuent. To these were added the continued expenses 
for fortification of Leith, money and provisions for the Castle and the 
cost of fortifying Inchgarvie.* As if this were not enough, the Estates laid 
on another extent and a few days later asked an immediate advance for the 
artillery and inteUigence work. The Council found the captams of the 
Town companies and fifty -eight neighbom-s able to lend the money.^ 

For the months when the Comicil did not meet the only record of 
financial matters are the collector's accounts, and his expenditm-e was 
limited to the immediate necessities of the Town and repans of the damage 
done by the Enghsh army.^ Soon after the Comicil meetings started 
is found an act as to the assessment, or cess, imposed for the Enghsh anny. 
The fii'st mstahnent was £200 sterhng. In the beguming of January 1652 
the Coimcil produced their plan for the assessment in the To^vn. If the 
numbers are as they were given, an extraordinarily small munber of 
inliabitants were liable for this tax, bemg only twelve hmidred and seventy- 
seven. The highest payment was 4i' ll^ i'^ a, month and the lowest 16^. 
This did not prove sufficient and, a few months later, a revised scale was 
mtroduced, bringing the lowest payment to 8^. In this cess roll the 
numbers who paid at the different rates is not stated.' In addition to 
the cess it was noted in August that arrears of extents from 1646 to 1649 
were stiU due.^ It was a difficult position for the Coimcil, even apart 
from the fact that the uihabitants of Leith were refusmg to pay theii" arrears. 
The Council again forbade infeftments to those who had not paid arrears, 
and sent then- Clerk to London to obtain some reUef. This he aclueved 
with a gift of 4^ on the pint of ale or beer. The Coimcil offered a gratuity 
of 10,000 merks to the clerk and ordered the collector of this new impost 

1 P. 212. = Pp. 219-221. ^ P. 240. " Pp. 242, 244, 245, 246, 247. 

' P. 248. Appendix IX. ' Pp. 264, 279. » P. 290. 



Ivi INTRODUCTION 

to use it exclusively for pajanent of debts, taldng the creditors in rotation. 
In September 1654 it was noted that arrears of extents for five years, 
amounting to 46,4831' 9^ lO^ had been recovered. Another grant, of the 
impost on tobacco and strong waters, was farmed out to an inliabitant 
and might have helped to uuprove the Town's position, when the CoiuicU 
suddenly was faced with a request for payment of an old debt due to the 
Lords of Session, and threatened with horning and the sequestration of 
Leith. The new grants had as yet not produced enough money for such an 
emergency. The Coimcil obtained promises of loans from the neighbom's 
to pay the mterest on the debt. This had been settled for only a few 
months when the cess was raised to £230 sterling a month. To meet that 
and other charges due to the occupation the ComicU extented the inliabitants 
for 2760" Scots montldy. 

In adchtion to the taxation for national purposes the To^tt. was bindened 
with mipositions for relief of the Conunon Good and for redemption of 
debt, such as the " merk per pack and per tim," the excise and the impost 
on ale and beer. On the whole the yield from .such sovu'ces seems to have 
been disappointing and the trouble of collectmg very considerable. The 
new miposition on ale and beer, granted by the Protector, proved too 
difficult to collect and the Coimcil made an agreement with the brewers 
and maltmen of the Town and of the suburbs whereby the imposition was 
altered to a charge of 41' 10^ on every bag of imground malt. South Leith 
at first proved recalcitrant, but submitted to a decree arbitral pronoiuiced 
by the English authorities in the Town's favour. 

DOMESTIC AFFAIRS— THE PESTILENCE. 

The pohtical troubles which beset the Town were comphcated between 
the end of 1644 and the spring of 1 646 by the last great outbreak of pestilence 
m Scotland. It has been said that the infection was brought by the army 
from England, but the Coimcil records show that danger was feared from 
shipping.^ To deal with the sickness the Council appointed a doctor, 
Jolm Pauhtious, whose duty it was to visit all suspected cases. As the 
pestilence spread, liis salary was increased, till the appointment of a new 
doctor on 13th June 1645 probably marks the tune when he succumbed 
to the plague. Many of the inliabitants of the Town seem to have been 
seized with panic and to have fled. The Council ordered their return 
under fantastic penahties.^ At the same time they ordered a strong watch 
to be kept, partly to restrain the inhabitants, partly with an eye to Montrose's 
campaign.* The attempted escape of the royahst prisoners in the Tolbooth 
» P. 60, " Pp. 63, 71. 3 p. 64. 



INTRODUCTION Ivii 

was an anxiety added to the Council's cares at a time when they were 
occupied witli plans for looking after the sick, disuifecting the Town and 
preventing the flight of the inhabitants. All business in the Town came 
to a standstill. The High School and College were cUsnxissed, the Com-t of 
Session and Parliament left the city, and the trade, as is showai by the 
Common Good's yield, diminished by one-half where it did not utterly 
disappear. 

By the beguiniug of January 1646 the worst of the epidemic seems to 
have been over, and on 11th February a proclamation ordering absent 
coimcillors to retiu-n shows that the Town was beguining to resume a 
normal life.^ By the beginning of May the Council began to take stock of 
the epidemic, to meet the cost of which a tax of 50,000 merks was necessary. 
The expense of the epidemic in Leith was met by a tax on its inliabitants 
of 20,000 merks. ^ But the taxation represents only a part of the loss 
to the Town and there is no means of estimating the loss in population, 
or the loss to individuals from tlie virtual cessation of all trade as well as 
the absence from the Town of pubhc judicatories and of the College. 

DOMESTIC AFFAIRS— DISTURBANCES. 

It says miicli for the Town that, in a period of such confusion, the 
inliabitants remained so jieaceable. There are one or two acts dealing with 
cases of manslaughter, one unexplained riot,^ but only two incidents 
attributable to the high feehng on pohtical matters rmuiing at the time. 

An mcident reported in Jime 1 648 was due to the cUvergence of opuiion 
about the Engagement. A Town baker, waUving the High Street fully 
armed after 11 p.m., had met the Dulce of Hamilton, General of the Engagers, 
and had insulted him. The magistrates, to testify their abhorrence of 
such " seditious uproare," imprisoned lum diu'uig their i^leasme, tlu-eatened 
him with the loss of his freedom and depiived him of his position as 
heutenant.* 

Similar high feeling possibly was responsible for the slanderous attack 
upon the Provost and baihes by a merchant, Anchew Brand. ^ He was 
smumoned before the Coimcil to answer to the charge, denied it, but 
misbehaved liimself m then- presence. The case is reported at length. 
Brand had accused the bailies of having been so drunk after an evenuig 
spent mtli the Provost that they had been incapable of work on the following 
day. The Provost, too, was said to have been confined to the house with 
gout brought on by the same excess. Accorduig to Brand they had chunk 
between twenty-two and twenty-fom- pints of wme m the evenmg. The 
» P. 82. 2 Pp. 91, 92. » P. 124. * P. 152. ' Pp. 153, 154-6, 173, 261. 



Iviii INTRODUCTION 

Council examined witnesses, foiuid Brand guilty of the statements which 
he had attributed to another umaamed, and cancelled his bui-gess ticket. 
Some months later his wife petitioned for recall of the sentence, but the 
Council only consented to this in September 1650. 

DOMESTIC AFFAIRS— STREET CLEANING. 

On 10th November 1643 the Council attacked the peremiial grievance 
of middens on the streets, stating that all such not removed witliin a 
fortnight woidd be confiscated. It was enacted that all " fulyie " must 
be brought to close heads, whence it could be collected. To tliis end the 
magistrates began negotiations with a man in PotteiTOw to fiu-nish a cart 
and horse, with a servant. ^ In December 1646 the constables were 
empowered to fine any person found laying dirt on the streets. Two 
years later aU previous acts on the subject were renewed, with the adchtion 
that any person might carry away the muck and middens.^ None of 
these acts were of any use, nor was a proclamation in April 1649, which 
pointed out the danger of defiling the Towii wells.* In May 1650 the 
Comicil again tried to shame the uihabitants into cleanlmess, pointing 
out that the state of streets and closes covdd not be seen in " any civill 
cittie." * They thi-eatened pomduig of goods and unprisomnent, but 
these penalties proved no deterrent. 

In January 1652 the CoimcU tried a new expedient. The constables 
were charged with the employment of the inhabitants' servants to carry 
away refuse. From the north side of the Towii it was to be taken to the 
North Loch, from the south side to places outside the West, Cowgate and 
other ports. ^ This may have worked for a time, but in November 1653, 
at the instigation of the English judges, the Coimcil had to attend to the 
matter again. A committee was appomted, and inspectors chosen to 
supervise the constables. The scheme was useless. In less than a month 
the Coiincil comp lamed of the dungliills and filtliiness " to the shame of 
the cittie, disgrace of the inliabitants and vyld reproach of neighbours and 
strangers." They ordered that refuse should be earned to stated places 
whence it might be taken to the country, forbade servants to lay muck 
on the streets and authorised the constables to collect money for the work.® 
In March 1655 the Cowgate was stiQ so fUtliy that the " brigstones " had 
to be removed to let the refuse flow away freely after rain.^ In August 
of the same year a contract was entered into with five men to clear the 
streets daily for an annual payment of r200ii. They failed, if indeed they 

1 Pp. 36, 38. 2 Pp. lOo, 182-3. » P. 197. * P. 237. 

« P. 265. « P. 328. ' P. 369. 



INTRODUCTION Hx 

had ever begun, were called upon to refund advances made to them, and 
the Council appointed Mi* Barrenger, probably an Englisliman, to take 
over the scavenging of the Town.^ 

DOMESTIC AFFAIRS— PLAIDS AND OTHER MATTERS. 

The Council were too busy with more pressing matters to give much 
attention to the daily hfe of the Town. Lesser offences were dealt with 
by the Town Com-ts. But one or two small matters seem to have been 
judged important enough for theii- attention. Among these was the 
women's custom of wearmg plaids. It was a form of dress to wliich the 
Coimcil had ah-eady taken exception, apparently with no success. 
Proclamations were renewed agamst the practice m 1644, 1645 and 1648.^ 
The pretext was always the same : that, wliile women would persist in 
wearing plaids over their heads in the streets and m church, it was im- 
possible to distmguish between " honest " persons and those of ill-fame. 
The women of Edinburgh appear to have been indifferent to that possibihty 
in spite of the severity of the penalty. An additional reason for fobidchng 
the practice in 1645 was the fear that nifected persons should go abroad 
hidden under their plaids. 

The Council also frowned upon mmor festivities in the Town. That 
lyke wakes and pemry bridals shoidd have been forbidden in time of 
pestilence was natm'al, but in January 1648 a proclamation limited them 
on the groimd of economy and forbade the emplo;yanent of paid musicians.* 

Fhes worried the Coimcil gi-eatly at different dates. In 164.3 it was 
forbidden to Ught fires on ships m Leith harbour, and in 1655 the first 
public fire engine was boiight expressly for the port.* In January 1647 
a statute dealt with the houses where inflammable goods were kept.^ But, 
in spite of the warning of the great Glasgow fire m 1652, the inliabitants 
of EcUnbm-gh proved careless and, as a consequence, experienced two bad 
fires in one year,^ one startmg at the foot of Bess Wynd and the other m 
the Ku'kheugh. The Comicil were sufficiently alarmed to order that all 
dangerous trades shoidd be removed from the centre of the town, but, 
save for the candlemakers, there is no evidence that these took effect. 

In conclusion, one point in comiection with this period is worth noting. It 
is the comparative frequency with which the Council called the neighboiu-s of 
the Town to assist them in then- dehberations. With regard to the elections 
they refused to consult them, but in these years of war and changes of govern- 
ment the Council seem to have felt the need of their fellow burgesses' approval 
in the measui'es, pohtical or financial, which they were forced to adopt. 

1 Pp. 388-91. 2 Pp. 46, 66, 150. ' Pp. 66. 141. 

« Pp. 35, 392. " P. 107. ' Pp. 353-5, 359, 360. 



BOOKS AND MANUSCRIPTS 
CONSULTED 

Mauxtscbipts : — 

Proceedings of the Committee of Estates (H.M. Register House). 

Coiincil Register (City Archives). 

Burgh Court Book (City Archives). 

Treasurers' Accoiuits (City Arcliives). 

Charters and Miscellaneous Documents (City Arcliives). 

Acts of the BaUies of the Canongate (City Archives). 

Books : — 

Acts of the ParUament of Scotland. 

Privy Council Register, vi, viii. 

Records of the Convention of Royal Burghs. 

Extracts from the Records of tlie Biu-gh of Edinburgh, iii, 1604-26, 1626-42. 

Extracts from the Records of the Burgh of Glasgow. 

Canongate Court Book. 

Hamilton Papers, Supplementary Report (Hist. MSS. Commission). 

Balfovu, Amials. 

Nicoll, Diary. 

Gordon, Soots Affairs. 

BaiUie, Letters and Journals (Scottish History Society). 

Charles II and Scotland (Scottish History Society). 

Scotland and the Commonwealth (Scottish History Society). 

Scotland and the Protectorate (Scottish History Society). 

Proceedings of the Commission of Assembly (Scottish History Society). 

Journal of Thomas Ciuiningham (Scottish History Society). 

Crawfiu-d, History of the University of Edinburgh. 

Rait, Parliament of Scotland. 

Petrie, Letters and Speeches of Charles I. 

Buchan, Montrose. 

Hilaire BeUoc, Cromwell. 

Davidson and Grey, Scottish Staple at Veere. 

Robertson, South Leith Records (First Series). 

Robertson and Wood, Castle and Town. 

Cameron Lees, History of St Giles. 

Brunton and Haig, Senators of the CoUege of Justice. 

Hannay, The College of Justice. 

J. A. IngUs, Sir Jolin Hay. 

Maitland, History of Edinburgh. 

Old Edinbiu'gh Club, xvii, Forbes Gray, The Candlemakers of Edinburgh. 

Chambers, Domestic Annals of Scotland. 



EXTRACTS 



FROM 



THE RECORDS OF 
THE BURGH OF EDINBURGH 

JANUARY 1642— DECEMBER 1655 



[Council for 1041-2 : Provost, Sir Alexander Clerk ; Bailies, William Gray, 
John Trotter, John Fleyming, John Pearsone ; Dean of Gild, Archibald Tod ; 
Treasurer, WilUam Trotter ; Council, Sir WilUam Dick, William Reid, John 
Smith, James Murray, Patrick Baxter, Peter Blaikburne, John Bynnie, William 
Dick [younger], James Stewart, George Walker, Richard Maxwell, saddler, 
James Fentoun, tailor ; Deacons, Thomas Paterson, tailor, James Guthrie, 
skinner, James Rig, surgeon, John Ormestoun, hammerman, Thomas Cleghorne, 
goldsmith, James Edgar, shoemaker ; Exlraordinary Deacons, Thomas Somervell, 
furrier, Alexander Cleghorne, wright, James Hamiltoun, mason, Robert Steill, 
baker, Robert SkirUng, flesher, George HiU, weaver, John Crystiesoun, waulker, 
Robert Lauchlane, bonnetmaker.] 

Ith January 1642. 

Ordaines William Trotter thesaurer to clois up the twa clowsses within [Howfat 
tlie liowfe of Leith and to doe all thinges neidfull for fensiiig the said 
liowfe both within and without the same be advyce of Jo° Mylne and 
Jo^ Scott. 

I2th January 1642. 

[The accounts of the treasurer for the Parhament House for the years 1639 
and 1640 are passed. For the first year the charge was 9,249^1 13^ and the 
discharge 12,996^' IP, leaving a debit balance of 3,746" IS^. The second year 
the charge was 5,958" 18s 8^ and the discharge 7,540" 12^ 6^. So the Town 
owes to the treasurer for that year 1,581" 10^ 10 J.] 

14:th January 1642. 
Understanding that M'' John Logane minister at the kirk of Sowtrey [Mini»ter at 

Soutra 1 

is ane borne bairne in this town of good literature and quaUficatioun and 
for divers other causes motives and consideratiouns moveing them Theii-foir 
they grant unto iiini in frie gratuitie during liis residence at the said kirk 
and dureing their will and pleasure all and haill the number of eight bolls 

A 



EXTRACTS FROM THE RECORDS 



[Church in 
west part of 
St Giles.] 



aittis to be payit furth of the reddiest of the teyndis of the parochin of 
Sowtray.^ 

2lst January 1642. 

The counsell haveing appoynted the west pairt of St Jeills churche to 
be ane churche for the north west parochine of this brugh and considder- 
ing that the same must be repaired in windowis and the loft taking down 
and uther tliingis necessar Theirfoir the counseU ordaines the same to be 
repaired. . . . 

22nd January 1642. 
[James Rae elected bailie vice the late John Fleyming.] 



[Professor of 

Oriental 

Languages.] 



[Armoury.] 



26th January 1642. 

Considering that they had caused bring home Juhus Conradus Otto 
to be ane professor of the Hebrew and orientall tongues Theirfoir they liave 
thoght good to tak ane yeii'is tryell of the fruites of his labour and learning 
and for his interteinement thay allow unto him the soume of twelff hundieth 
merks. . . . 

[A discharge is to be given to Sir WiUiani Dick upon his payment of £1,000 
sterUng to the masters of tlie hospital, in full of the £3,000 owed by iiim to the 
late Mr Robert Johnstoun and bequeathed by the latter to the Town.] 

The counsell haveing appoyntit to prepair the west pairt of S* GeiUs 
Churche for ane churche Thairfoir ordaines the deane of gild to transport 
aU the armour presenthe in the laicli tolbuith and under the Parliament 
hous to that hows quliair the Exchequer did sitt of befou-. 



[Non-resident 
burgesses.] 



28th January 1642. 

Finding that divers of thair burgessis hes transjsorted themselffis from 
hence and hes placed themselffis animo remanendi without the countrey 
and yet does trade within this countrey to the no small prejudice of the 
inhabitants of this brugh and calhng to mjmd that the commissioners of 
the borrowis hes by divers actis decerned and ordained that all non resident- 
ing burgessis sould be balden as unfriemen and fincUng that some of their 
burgessis residing abroad does dayhe use trade in thir places Theirfou- 
decernis all such to be balden as unfriemen and fra this tyme ar content 
that they sail mak offer of their goods to the effect they may be sold in ane 
Touns blok and if at any tyme heirefter any such sail trade in thir places 
decernes their goods to be used as the goods of unfriemen and the actis of 
ParHament to be put to executioun aganis them. . . . 

1 The Council Records do not note liis appointment. 



OF THE BURGH OF EDINBURGH 3 

Ind February 1642. 

Appo5mts to confer and revise the overtures and propositiouns proferd [committee, 
be Hugues Lamy of Monholme to the Lords of counsell and direct be their proposals.] 
LL. to tliis counsell Sir W™ Gray, Sir W^ Dick, William Trotter thesaurer, 
[and two others]. ^ 

Ath February 1642. 

The counsell condoUing the lamentable and deplorable estait of the drish 

rebellion.] 

many good Christians witliin the Kingdome of Ireland ^ who being forced 
to flie to this countrey from the barbarous crueltie of tlie natives and comeing 
hither are exposd to all kynd of necessitie, [orders a voluntary contribution 
at the church doors upon Sunday a week hence]. 

Wi February 1642. 

[George Gibsoun, schoolmaster, appointed reader In the N.W. church. 
Sir William Dick's bond for £1,000 sterling was deUvered to the masters 
of the hospital.] 

Compeird the masteris of the hospitall and producit the consent and [Regulation of 
approbatioun of the Ministers and Sessioun subscrivit be M"" Patrick Hospital.] 
Hendersone^ in name of the sessiouns and ministeris to the bestowing 
of the said sowme to the use of the liospitall And appoyiates M'' Alex'' 
Hendersoun M^Wm Colvin and M^ Ro* Dowglas M^ W°i Bennet and M^Andi-o 
Ramsey or any two of them William Reid James Gutlirie with Jo" Pearsoun 
baiUe and the deane of gild to confer anent the brmging of the said hospitall 
to ane table and to report to the counsell. 

[The treasurer is to build two lofts in the New church, one at the west end 
and the other west of the King's loft. The Town's loft is to be removed from 
the mid church.] 

2^rd February 1642. 

[Thomas Weir, pewterer, elected to the council ui place of the late Richard 
Maxwell.] 

Ordaines the collectors of the contributioun gathered at the Kirk doores [Refugeea from 

. Ireland.] 

upon Sunday last for releife of the poor distressed Irishe nienig to this 

1 No allusion seems to be made to this in the Privy Council Records. The matter, 
however, came before the Convention of Estates in 1645 (A.P.S. vi. (1) p. 372). It concerned 
the Scots fishings. 

- The Privy Council had recommended their case to the charity of the country on 
2nd February (P.C.R. pp. 190, 191). 

' Mr Patrick Henderson had been in the town's employment since 1609, when he succeeded 
his brother Samuel as reader, precentor and master of the song school. He was precentor 
of the Great Kirk before that of the New or East Kirk. He was made burgess and gildbrother 
in 1629. In 1637 he was silenced for a time, in connection with his share in the National 
Covenant. In 1639 he was appointed clerk to the six kirk sessions of the Town and it is in 
this capacity that he signed the document noted above. 



EXTRACTS FROM THE RECORDS 



[Mr Robert 
Johnstoun's 
legacy.] 



countrey to delyver the same to George Suittie merchand and the said 
George to report upon Friday nixt that farder course be taken theiranent.^ 

[The treasurer reported that he had repaid seven bonds due by the Town, 
amoimting to 12,0891' 16s 3" with the £1,000 sterhng, bequeathed by the 
late M"' Robert Johnestoun and paid by Sir WiUiam Dick to the Council] 
and theirfoir the counseU ordaines the said thesaurer to be dischairgit 
with the saids sownies in liis comptis And siklyk understanding that 
the said thesaiu'er had resaved the soume of foiu'scoir pund sterhng for 
ane yeiris annuelrent fra tlie said Sir Wilham Dick of the soume of ane 
thowsand pund sterhng left in legacie be tlie said umquhile M^" Robert 
Jo°stoun for intertening of certane poore within the said brugh and tlie 
counsell being willing that the said annuelrent sould be imployed upoun ane 
pious use Theirfoir ordaines the thesam'er to give the same to Jo" Jowssie 
thesaurer of the colledge to the use of the coUedge. . . . 



[Legacy to 
College for 
bursars. 1 



2bth February 1642. 

[The late Mawsie Weir, widow of Richard Dobie, sometime Dean of Gild, 
having bequeathed 1,000 merks for the support of two bursars in the CoUege, 
Charles HamUtoun, one of her executors, employed the annualrent of the money 
to that purpose. And the said late Charles HamUtoun having, m his will, 
bequeathed the said sum to the use of the college, one of his executors produced 
the money and received a discharge from the coimcd.] 



[Taxation, 
TowTi burdens.] 



^ih March 1642. 

Considering that there is yit resting of the taxatioun appojmted to be 
uplifted from the nighbours conforme to ane act of counsell daittit the 
twentie sevent day of Januar j™ vjc threttie fowT yeiris ane terme not 
upliftit Notwithstanding that the counsell hes given satisfactioun to his 
Ma : collector generall of all taxes appoyntit be the Parliament in anno 
jm vjc threttie thrie yenis As also understanding that the nighbom's had 
willinghe agried to ane taxt to be set for his Ma^'^s last entrie and comeing 
to this Toun for the soume of ten thowsand jiunds conforme to ane act of 
counsall daitted the twentie ane of Junij last By wliich and many uther 
occasioims and bru-dingis lying upon the Toun their commoun good is 
extremhe exhausted In consideratioun wheirof they have agried and 
ordained that there sail be levied be way of tax the soume of fourtie thowsand 
pundis in manor following viz. the soume of twentie thowsand pundis at 
the feist of Witsunday nixt and the soume of uther twentie tliowsand 
punds at the feist of Witsunday j™ vjc fom-tie thrie yeiris. . . . ^ 

1 See above, 4th February. - See Extracts, 1626-41, pp. 137, 138. 



OF THE BURGH OF EDINBURGH 6 

I6th March 1642. 
[The late David Cruikshankis, merchant, bequeathed 500 merks to St Pauls [Legacy to 

Paul's Work 1 

Work] and . . . the lyk legacies being left to uther pious uses the com- 
missioners had in respect of the debtis awand be the defunct niodified 
and Uquidat the same to the soume of twa hundreth twentie njme 
pundis, [therefore the council order the masters of the said Work to accept the 
latter sum.] 

18th March 1642. 

Ordaines the thesaurer . . . with all diligence to repair the mid churche (Mid church.] 
and to build ane new en trie theirto. . . . 

[The masters of the hospital are to pay to Agnes Johnestoun, sister of the 
late Mr Robert Johnestoun, who is necessitous, five himdred merks a year for life.] 

25th March 1642. 

[James Hamiltoun, tailor in London, left £1U sterhng to be distributed among 
the poor prisoners in the Tolbooth.] 

30th March 1642. 
[James Cranstoun elected deacon of the shoemakers vice the late James 
Edgar.] 

1st April 1642. 

Compeird Jo" Scott Masterwright and declaired that he had sighted J^^^^'^fJ^^ 
the haill timber quhich wes the loft of the old tolbuith and laitUe taken Tron.] 
doun and did find there wes therein the number of ane hundreth and 
twentie alken trees Quhairfoii- the counseU values the jieice of the said 
timber to the soume of thrie pund and ordanes Robert Davidsoun thesaurer 
to the repairing of the churche appoynted for the northwest parochin of 
this brugh i to delyver the same to Laurence Henrysoun thesaurer for the 
building of the Kirk of the southeist parochin of this brugh ^ and ordaines 
the said Laurence to pay to the said Robert the said soume of thrie pund 
for the peice of the said timber. 

6f.h April 1642. 

The counseU agries to dispone to the deaken and brethren of the ^{^^^^^^^"^ho^ 
baxters of this brugh and their successours all and haill that waist bounds of Bakers.] 
lying alongs the Water of Leyth and that calsey leading fra the sklaitt 
milne to the bridge over the Watter of Leyth in lenth from that eister wall 

> Tliis was to be tlie west part of St Giles, formerly divided into the laich and the high 
Tolbooths. See p. 2. 

2 This was to be the church at the Tron, when finished. Till then the Mid or Great 
Church in St Giles was allotted to them. 

a2 



6 EXTRACTS FROM THE RECORDS 

of the kill sometyme standing there and now waist and ruinous to the 
south putt or stool of the said bridge builded in aisler warke and in bredth 
from the south syd of the watter to the said calsey with power to them to 
build contigue to the said calsey and with provisioun qulier they sail not 
build to uphold the dyk qiiherupoun the calsey is uphalden and with 
provisioun they sail not impair nor damnifie the said calsey in no wayes. . . . 



f Annuity to 
last fnr seven 
years.] 



8th April 1642. 

The Counsell finding that thair is a necessitie that some cours sail 
be taken for payment of the ministers stipends quherof notwithstanding 
of their great and assiduous paines they have bein disappo3Tited of that 
dew payment they and their predicessoris lies resolved and concluded for 
their better payment for ane tyme tiU moir constant and soUde means 
be fund owt that the annuitie appoynted be his Majestie to be uplifted of 
the inhabitants according to their housmaills and confirmed in the lait 
ParUament sail be uplifted with all diligence beginning the first yeiris 
payment at Witsunday nixt And farder the counsell declairis that this 
course sail indirre for the spaioe of seven yeiris allanerhe and thaireftir to 
expyre and ceas in all tyme comeing.^ 



[Xew College 
Library.) 



[Bishopric of 
Orlinev.l 



15th April 1642. 

Forsameikle as the counsell haveing appoynted certane of then* number 
with the Rector and Principle of the Colledge to visite boundis for building 
ane librarie Quhich be the said Rector is offerd to be build upon the 
benevolence of benefactours Quherfoir the counsell lies agried . . . that 
the said librarie sail be build betwix the jam of the old hows and the stair 
of the new hows. 

20th April 1642. 

Forsameikle as the counsell haveing procured of his Ma"^ the Bishoprik 
of Orkney with the pertinentis Quheirof Robert LesUe brother to my Lord 
Lindors did long befoir procuire ane tak for the space of twa nynten yeiris 

' See Extracts, 1626-41, pp. xlii-iv, 191, 192, and note and Appendix i., p. 263. The 
confirmation alluded to above is contained in the act of 17th November 1641 (A.P.S. v. 
p. 535). This narrates that an act for a tax on house rents of 12,000 merks for tlie stipends 
■was considered by the King and Estates and remitted to the Privy Council for consideration ; 
that the Privy Council, by their decree of 18th March 1634, approved the act, with special 
provision that the Privy Coimcil and Lords of Session be not subject to contribute ; that by 
another act of 11th July 1637 the Pri\-y Council enacted that the advocates, clerks and 
writers, as members of the College of Justice should be exempt, upon their voluntary offer 
to contribute a " proportionable " tax ; that this was ratified under the Great Seal, at 
Whitehall, 19th January 1636-7 ; that the offer of the advocates, writers, etc., was recorded 
in the Books of Sederunt on 29th July 1637, without prejudice to their privileges and 
immunities and accepted by the Town Council, and that, after the ratification of the above 
date, the coUeotion of the annuity was to begin at Whitsuntide 1637. 



OF THE BURGH OF EDINBURGH 7 

with power of retentioun of twa liundreth pund sterling for his pensioun 
owt of the first of the tak dewtie In consideratioun quhairof and of the 
profite may redound be the said bishoprik to this toun for payment of the 
Ministeris stipends Theirfoir the counsell hes all in ane voice agried . . . 
that the said Robert his haill right sail be boglit and ar content there be 
payit to him for the same the soume of fyftein hunder pund sterUng and 
ordaines the Provest and baiUies to wryt to Sir Jo"! Smyth for ending the 
said bargaine and for payment of the said soume. . . . ^ 

Ordaines the deane of gild to cans theik with sklaitt and fog the roofiF [East Kirk.] 
of the eist Kirk with all convenient dihgence . . . 

Forsameikle as the counsell and sessioun haveins caused visite the [New imimings 

at Trinity 

hosj^itall at Leyth Wynd foott and fincUng be their report that it is Hospitaij 
expedient that the same may be reduced to ane table and that both the 
housses be reformed and some other housses builded without the same 
Theirfoir the counsell hes ordained . . . the Masters of the said hospitall 
to reforme the saids howses and build the other according as the same 
is projected . . . And theirefter ane cours to be taken for the table and 
ordour to be keipit in the said hospitall and to tak doun such pairt of the 
over pairt of Dingwall for the stanes theirof as they sail think meitt. 

22nd April 1642. 

[The late John Glen left in legacy to the council for the common cause 
300 merks. This is delivered to the treasurer.] 

20th May 1642. 
[Peter Olyphant, servant to Doctor Arnot, to be received burgess gratis.]^' 

25th May 1642. 

[Mr Rutliven, brother to the late Earl of Gowrie,^ to be received burgess and 
gildbrother.] 

27th May 1642. 

[The council, learning that Sir John Smith had concluded the bargain of the 
bishopric of Orkney with Robert LesUe, appoint a committee to discover how 
much money must be borrowed by the treasurer to make payment.] 

Understanding that it hes bein haviUe regrated be the Kirk of this [Markets and 

° " r ,• r.i profanatiou of 

Kingdome and be the haill Estaitts laithe convemd the protanatioun ot the tiie sabbatii.j 

» The charter of the rents belonging to the bishopric of Orkney, with tliose of the deanery 
of Edinburgh and the right of patronage of St Cutliberts, granted for the sustentation of the 
ministers, was dated at Holyroodhonse, 10th November 1641 (Historical Charters, No. 96). 
See Extracts, 1626-41, Appendix xx. 

= See Extracts, 1626-41, pp. 238, 242, for gift by Dr Arnot of 1,000 merks to the Town, 
ntihsed towards the institution of two catechists. 

= John, 3rd Earl of Gowrie, 5th Lord Ruthven, implicated in the mystery, known as the 
Gowrie Conspiracy, and killed in his house at Perth 1000. 



8 EXTRACTS FROM THE RECORDS 

Sabboth day occasioned by the travelling of the countrey people upon the 
said day for frequenting and repairing with their goodes to be sold upoun 
the Moondayis mercatt of tliis brugh For remeid quheirof the said Provest 
baillies and counsell lies statute and ordaind . . . that the thrie mercat 
dayis of this brugh in all tyme comeing sail be upoun Twysday Weddensday 
and Fryday weikhe and especialhe inhibits and dischairges all selhng of 
skins wooll ledder butter and cheis upoun the Moonday in any tyme lieir- 
eftir . . . under the paine of confiscatioun theirof and punishing of their 
persones who sail sell the same the said day. . . . ^ 

28th May 1642. 

[Commissioners Understanding that their is ane petitioun of many gentilmen and 
PrhT c'oSSd?.] burgesses occasionaUie meitting heir at Edr to be presented to the lords of 
his Ma"68 niost honorabill privie counsell and being be them humbUe 
desyrit to assist in the presenting of tlie said petitioun And to that effect 
to mak choos of some of their number to be commissioners for them with 
the rest for presenting of the said petitioun as also to \^Tyte to such ane 
number of the borrowis as might be convenienthe had Theirfou- they elect 
. . . Joline Bynnie merchand and Thomas Patersone tailyeour to be 
commissioners for them . . . and ordaines then- clerk in their name to 
wryte to the brughis ... to send their commissioners for assisting the 
said petition betwix and Moonday nixt at night. . . . - 

1st June 1642. 
[M' Thomas Pillons chosen a doctor in the High School.] 

^rd June 1642. 

[A bond by Sir William Dick in favour of the Town and the assignation 
made by Robert Leslie of his tack of the Bishopric of Orkney were dehvered 
to the treasurer.] 

8^7i June 1642. 

[The collector of the dues of the Bishopric of Edinburgli is to pay the stipend 
of M'' Matthew Wemyss, minister at Holyroodhouse from the lands of Wrights- 
houses, from the old feued parts of the Boroughmuir belonging to Sir WiUiam 
Dick and from the teinds of Broughton.] ' 

' The matter of the Monday markets had been before the Town Comicil fifty years earher, 
when the day had been changed. See Extracts, i^8g-i6o3, pp. 69, 70, 73. See A.P.S. v. 
p. 301, for new prohibition of market. 

- See P.C.R. \ii. pp. 260-3. The petition protested against the meeting of the 
"Incendiaries" in Edinburgh and against any engagements with the King, which might lead 
to disputes with the English Parliament. 

^ The charter of the foundation of the Bishopric had granted, for its support, all lands 
and dues formerly belonging to tlie Abbey of Holyrood, and in 1641, a part of the rents of 
the aboUshed bishopric had been granted to the Town for the use of the College. See 
Extracts, 1626-41, Appendix xix. 



OF THE BURGH OF EDINBURGH 



lOth June 1642. 



Forsameikle as this day compeirit James Hammiltoun deaken of the [ReguiatioDs 

^ ^ ^ . for Coopers of 

maissouns and Alex^ Cleghorne deaken of the wrightis . . . and producit Leith.] 
ane contract that past betwix tlie deakens for the tyme of their saids craftis 
with consent of the memberis of the same on the ane pairt and the oversier 
for that time of the cowpers of Leytli with, consent of the remanent of 
their brethren for the tyme on tlie uther pairt daitted at Ed'' the twentie twa 
of October j™ vj^^ and eleven yen-is and registrat in the books of counsell 
and sessioun the twentie of October j^ vj^ twentie eight yeiris Beiring that 
the said oversier and bretlu-en of the cowpers of Leyth haveing acknowledgit 
the saids deakens and brethren of the saids maissouns and wriglitis of Ed^ 
to be their superiours in the heids and articles then agriet upoim betwix 
them tiie saids deakens and bretliren . . . obleist them to maintain and 
defend the cowperis of Leyth as law will in their rightis liberties and 
priviledgis For the quhilks causses the said oversier and brethren of the 
cowperis of Leyth . . . oblist them and tlieir successors to acqviaint the 
saids deakens of Ed^ and their brethren befoir they sould admitt any into 
their bodie and to present then" assayis befoir the saids deakens of Ed^ and 
fowl- of the brethren of the cowperis of the said brugh and that within 
the Town of Leith to the effect their assayis may be tryed be their consentis 
And to mak payment to them of tiie equall half of whatsumevii- soumes of 
money that sail happen to be gotten from them tliat sail be acbnitted to 
the hbertie of the said craft As also to the equall half of quhatsumevir 
soumes of money sail be gotten for booking and resaveing of prenteisis 
As also that yeirlie befoir the electioun of their oversier they sould give 
in to the saids deakens and brethren of Ed^ the names of fyve of their 
bretliren cowperis in Leyth owt of the quhich number the saids deakens 
and brethren of Ed'' sould give owt twa. off quhich twa they sail be halden 
to choys one to be their oversier for that yeir And sould present him to 
the saids deakens . . . for their approbatioun With divers uthers clausses 
Quhich being sein and considerit be the Provest baillies and counsell of 
Ed'' they ratifie approve and confirme the samen in swa far as the 
acknawledging of the saids deakens and brethren of Ed^ superiours to the 
saids cowperis in Leyth in the saids articles is no uther wayis to be under- 
stood bot as under the saids Provest baillies and counsell. . . . and that 
the authorizing of the said oversman of Leith is no uther thing understood 
then the approbatioun of the saids deakens and brethren. ... In the 
quhilks termes . . . hes ratified and approveu the said contract in raaner 
abovewritten and . . . ordaines that the samen . . . saU remaine and 
be effectual! betwix the saids deaken and brethren of Ed"" and the saids 



10 



EXTRACTS FROM THE RECORDS 



[Sumpter 
horses.] 



oversman and cowpers of Leyth as ane perpetuall law and ordour amangs 
them and successours mutuallie in all tyme comeing with provisioun 
allwayes that the said deakens and bretliren of the maissouns and wTightis 
. . . sail not consent nor admitt any to worke in the said craft in Leyth 
nor conceill their names without they first present the saids persones with 
their supphcatioun to the counsell of Ed'' and obtein their consent be 
remitting their tryell to the saids deakens . . . And in caice they sail 
admitt and resave anie persone who lies not obteind themseWes remitted 
to the saids deakens in that caice the persones admissioun sail be voyd 
and null. 

I5th June 1642. 

[Archibald Tod and Thomas Patersone commissioners to the Convention 
of Burghs at Dundee.] 

llfh June 1642. 

Ordaines the thesaurer to cans mak twa clothis for the commissioneris 
to the Borrowis for their sumpter liors. . . . 



22nd June 1642. 

[East Church.] Ordaincs the thesaurer with all dihgence to caus build ane loft in the 

eist end of the eist chui'che. . . . 



[Complaint 

against Coopers 
of Leith.] 



2Uh June 1642. 

[The sum of 200 merks of stipend is to be paid to M'' James Rae, second 
minister at St Cuthberts from the rents of the Bishopric of Edinl)urgh. 

The Town treasurer paid to the collector of Kirk rents certain annuals from 
lands in the burgh and others to the Cohege, of which a hst is given. 

The arrears of John Mylne, Master Mason's pension, from 1637 and amounting 
to 873" 13^ 4'i, is paid to him.] 

Anent the complaint given in be the deakens of the maissouns and 
Wrights of this brugh . . . Agains Henrie Baptie pretendit oversman of the 
Cowpers of Leyth [and twenty-four others, recounting the act of coimcU of 
8 September 1619 by which no cooper in Leitli might work without permission 
of the craft of wrights and masons and the contract of 21 October 1611] 
Notwithstanding quheirof the said Henrie Baptie hes usurpit upon 
him the place of ane oversier by the knowledge of the saids deakens 
. . . contrair to the act Lykas his said bretluren hes usurpit upon them 
. . . the electioun of the said oversier lykas also the said Henrie Baptie 
and his brethren hes admitted . . . Alex'' Cuthbertsone . . . and sindrie 
uthers to be cowperis in Leyth without ather Hcence obteind be the Provest 
baillies and counsell of this brugh contrair to the said statute and in 
manifest defraud theirof and without privitie or knowledge of the saids 



OF THE BURGH OF EDINBURGH 11 

deakens and brethren of the saids maissouns and wrights of Ed"' Nather 
hes maid any payment to them of the half of the upsetts of the persones 
admitted be them since the said tyme. . . . Beseilcand theii'foir the saids 
Provest baiUies and counsell to punishe the said Henrie Baptie for his 
presumptioim for taking upon him the said office and liis remanent brethren 
for choosing liim contrau' to tlie said contract as also to cans him to mak 
payment to the saids compHners of the equall halff of all soumes of money 
resaved be them ather for prenteissis or uthers whom they have acbuitted 
to worke in the said craft within the said Toun of Lejrth And last to dis- 
chairge the said Alex'' Cuthbertsone and the subsequent persones above- 
^vTitten of any farder working within the said Toun of Leith. 

[The deacons of the masons and wrights bemg present and six of the coopers 
of Leith, who could show no cause why the complamt should not be allowed, 
the Council forbid Cuthbertsone and the others, eighteen in number, from working 
at the craft in Leith.] 

29th June 1642. 

[Commissioners to the General Assembly at S* Andrews are elected from the 
CouncU.] 

The Provest baiUies and counseU patrons of the Universitie . . . with [General 
advyse and consent of the Rector j^rofessors and regents theirof present *'''^™ ^ 
. . . chooses M'' Jo" Adamsone jirincipall of the said Universitie to be 
commissioner for the same to the Generall Assembhe . . . the twentie 
sevint of Julij nixt. . . . 

Haveing efter the dissolving of the last generall conventioun of (Acts of the 
borrowis halden at the brugh of Linhthgow intimat to them the fyft BurgL.]" 
act of the generall conventioun . . . halden at the brugh of Irwing 
anent the ratificatioun of the late covenant ^ And siclyk the sext 
act of the last conventioun halden at the brugh of Lmhthgow anent 
the rejiortrng be wTitt thes thingis ordanit to be reported be wa-itt 
As also the tlu'ettie fourt act . . . anent the buying from unfriemen and 
anent non-residentis As also the fowrtie act . . . anent owtland burgessis 
As also anent the twentie thrid act . . . anent staple goodis and sta23le 
port As also the threttie iyit act . . . anent the borrowis meitting 
and voteing to remitting of unlawis and last the 41 act . . . anent the 
suspending of Alex"^ Speir from being factor in the low countreyis and dis- 
chairging of nighbours to imploy him Anent all which actes the saids Provest 
baiUies and counsell does be thir presentis testifie and declah' that the 
saids actis wer intimat to them be then- late commissioners in pubhct 
counsell Lykas also that such of them as did concerne the inliabitants wes 
lawfullie intimat to them bemg conveind to that effect or utherwayes 
'■ This was the National Covenant. 



12 



EXTRACTS FROM THE RECORDS 



published be sound of drum throw this Jjrugh be oppen proclamatioun 
Lykas evir since they have bein cairfuU for keiping and observing the 
samen in all the clauses and articles theirof As also doe declair that they 
have bein cairfull to execut thes actis maid anent regraitters such as hes 
bein dehnquent that way as they could come to the knowledge of them. . . . 



[Minister at 
Corstorpliine.] 



I8th July 1642. 

Appoyntis to meitt with M"" David BasiUie minister at Corstorphin 
anent the augmentatioun of his stijjend cravit be him furth of the Bishoprik 
of Ed'' Jo" Trotter bailhe Jo" Bynnie and Thomas Patersone and to confer 
with him theiranent and to report.^ 



[Capture of 
Leith sliip,] 



[St Giles 
steeple.] 



22nd July 1642. 

Grants testificat to Ai'chibald Tod (and twelve other merchants) that 
the good shij^p calht the Barbara of Leyth quherof Wilham Robertsoun is 
pairtner and Master taken be ane Biscayner man of warre as ane Hollands 
shipp in respect of her fabrick and build in the moneth of May last bypast 
perteins and belongis to the foirnamed persones as awneris and pairtneris 
of the same. 

29th July 1642. 

[Agreement with M"' Andrew Fairfowll, minister at the north side of the 
bridge of Leith for an augmentation of his stipend from the rents of the Bishopric 
of Edinburgh.] 

10th August 1642. 

Ordaines the deane of gild to repair the lead cover of the stiple of 
S' GeiUis and to tak doun the gutter about the eist kirk ami to theik over 
the stair of the eist kirk. 

[A committee is appomted to approach M'' George Gillespie anent his coming 
to the burgh as minister.] ^ 

2Uh August 1642. 

[A petition is to be sent to the Presbytery anent the admission of M"' George 
Gillespie as a minister, as sanctioned by the General Assembly.] 



26th August 1642. 

[Presentation of the church of Wemj'ss is made to M"' Walter Greg, presently 
minister at Balmerino, the charge being vacant by the removal of M'' George 
GUlespie to the Town.] 

' See Extracts, 1626-41, p. 180. 

^ On 24th December 1641 {Extracts, 1626-41) he was named as minister of Greyfriars. 



OF THE BURGH OF EDINBURGH 13 

31s< August 1642. 

[John Bynnie and James Guthrie commissioners to the particular convention 
of burghs to be held on 1st September.] 

9th September 1642. 

[A letter is to be written to M"- James Wright, minister at Cockburnspath, 
informing him that he has been chosen a minister in the Town.]'^ 

28th September 1642. 

Forsameikle as the counseU haveing boght fra Robert Leslie his right tg^*"^^^^9f„f 
of Orkney and hes given band to Sir Jo° Smith for the money payit theirfoir Orkney.) 
Theirfoir ordanes the thesaurer as he sail ressave from Sir William Dick 
the tak dewties of the said landis of Orkney to redeem so much of the said 
band as weel of the bygane rentis as of the rentis to cum. . . . ^ 

[John Bjamie's accounts of the merk per tun for 1638-9 being heard, his 
charge is found to extend to 3,822" 6" 8'' and his discharge to 3, .526" 13^ 4''. 
So that the balance due to the Town is 29.5" IT^ 4".] 

5th October 1642. 

[Council for the year 1642-3 : Provost, Sir Alexander Clerk ; Bailies, Edward 
Edgar, Robert Fleyming, Joline Kniblo, Archibald SydserfF; Dea7i of Gild, 
Archibald Tod ; Treasurer, Thomas Moodie ; Council, Sir John Smith, Sir 
William Gray, John Trotter, John Pearsoun, James Rae, Peter Blaikburne, 
Wilham Trotter, Hew Hammiltoun, James Barns, Thomas Leishman, John 
Turner, tailor, Andrew Ker, skinner ; Deacons of Council, Robert Meiklejohne, 
skinner, James Denniestoun, goldsmith, John Scott, surgeon, Michael Gibsone, 
tailor, Andrew Halyburtoun, hammerman, .James Cranstoun, shoemaker ; 
Extraordinary deacons, James Pargilleis, furrier, Alexander Cleghorne, wright, 
John Myhie, mason, James Bimiie, baker, Robert Skirling, flesher, Patrick 
Cochrane, weaver, John Crystiesone, waulker, Francis Ker, bonnetmaker. 

Steven Boyd, water ancl baron bailie of Leith ; John IngUs, baron bailie. 

Henry Bannatyne, baron baiUe of the north side of Leith and Pleasance and 
he and Harry Rae bailies of the regality of the Canongate.] 

7th October 1642. 

[The accounts of the merk per tun for 1639-40 show a charge of 2,674" 11^ 4^ 
and a discharge of 2,504", leaving a balance of 170" 11» 4^ due to the Town.] 

12//i October 1642. 

[The late Isobel Allane bequeathed 500 merks to the Hospital. A discharge 
for the said sum is given to her executors.] 

' See Extracts, 1626-^1, p. 245 and note. Wright liad been a regent of philosophy in the College. 

- A ratification of the tack of the bishopric to Robert Leslie, brother of Lord Lindores, had 
been made by the Parliament of 1641 (A.P.S. v. pp. 377, 378). The Council's protest that 
this should be without prejudice to their gift is recorded at the same tijue. 



14 



EXTRACTS FROM THE RECORDS 



[Shops in 

Parliament 

Yard.] 



Forsameikle as the counsell haveing designed ane boundis in the 
parhament yaird to certane goldsmj^liis to have bein build be them and 
now sieing it is thoght fitt that the thesaurer sail build the same to be 
divydit amang them Theirfoir ordaines the said thesaurer with all 
expeditioun to build the same. . . . 



[Rental of 
Orkney.] 



19th October 1642. 

Appoyntis James Rae merchand and Michell Gibsoun tailyeour to pas 
to the late Bishop of Orkney presentUe resident in Stratherne and to try 
anent the rentall and liakUng and other thingis of the Bishoprik and to 
report. . . . ^ 

[The appointment of M"' Walter Greg to the church of Wemyss having taken 
no effect and learning that the Earl of Wemyss has procured the influence of the 
provincial of Fife in favour of Mif Henry Wilkio, minister at Portmoak, they 
grant presentation of the said church to him.] 



2l.st October 1642. 

[As the ministers have not been paid the Lammas and Hallowmas terms 
of their stipends, tlie last bailies are to lend to the Kirk treasurer 5,000 merks 
from the extent, which is to be repaid from the money due by Sir Wilham Dick.] 



[English 
retailer of 
merchandise.] 



[Convoy of 
money from 
Leith.] 



26th October 1642. 

Thomas Middletoun Englishman being conveind for keiping ane chalmer 
in the Canogait and retailing of merchand wair sik as cloth silk and suchlyk 
eonfesd the same and theirfoir the counsell unlawis him in the soume of 
ten pund sterling. . . . 

loth November 1642. 

Being informed that Sir Jo" Smyth lies sent home be sea some moneyis 
for the use of the nighbours as at mair lenth is conteind in ane letter direct 
from the said Sir Jo" to his wyfe Theirfoir ordaines the bailhe Ai-cliibald 
Sydserff to pas to Leith with some of the nighbours and for eschewing of all 
tumult to convoy the same to the said Su* Jo" his hous. 



[Pews in the 
churches.] 



18th November 1642. 

Quheiras it is thoght necessar for good ordour to be keipit be tlie haill 
inhabitants of this brugh in their several paroche churches in tyme of 
divine service and for avoychng thes accustomed misrules quhich lies bein 
formerhe used theirin that ilk parochiner sail have their owen f)i'opper 
seatt and pew or dask within their parishe churche And to tlie effect that 

' See p. 6 supra. 



OF THE BURGH OF EDINBURGH 15 

this may be done . . . lies given libertie and licence to ilk lieretoiir to 
build within their owen jJaroche churche ane convenient seatt pew or 
dask which sail be propper and iiecuhar to that land or lious pertening 
to him according to the boundis to be designed to ilk persons be advyce 
of the counsell and sessioun And theirfoir lies . . . designed and ajiiJoynted 
that pew or dask to be j^ropjier to that land or tenneiitis dwelhng or that 
sail happen to dwell theirin Provyding allwayis . . . that if any heretours 
or tennents sail happen to succeid to ane uther who ar not of that qualitie 
or degrie as ar fitting for eminent seatts or pews that in that caice it sail 
be in the oiitioun and power of the . . . counsell with advyce of the 
sessioun of that paroche to remove them to ane uther place and to apjioynt 
the seatt ... to ane other. . . . ^ 

[Bread, 12"' loaf of wheat, 11 oz : 3 drops; 12" loaf of "sour," 14 oz : 
14 ch-ops ; 12'' loaf of masloch or rye, 18 oz : 9 drops. 

Ale, 20'' the pint ; strong beer 2^ the pint ; single beer, 1^ the pint.] 

Compeird Robert Young Robert Alexander Patrick Jo"stoun, James [c'oini)iiiint 

noiiiiist lifirUcrs 

Jo"stoun and Jo" Taitt unfrie barbers in Leyth who being coniplenit ujiouii in ijitii.] 
be the deaken and brethren of the chirurgians of this brugh for useing 
and exerceing of the airt of chirurgerie within the said towne of Leyth 
they acknowledged and confest the samen And theirfou- the counsell decernis 
the saids persones ... to desist and cease from useing . . . any jioynt 
of the said airt . . . and from setting furtli any signes within the samen 
till first they obtein licence of the counsell. . . . 

Quheras the counsell finding the great exorbitancie quherunto vivars [i.'™'/'f , 
ar risen within this brugh ^ occasioned tlu'ow the manifest fraud of ane iiif^i"'!!"" "i 

® luarki'ts.] 

great number of regraitters forestallers and uther unlawfull persones 
dwelhng within and about this Toun to the great prejudice of all the 
inhabitants theirof and uthers his Ma^'^s leidgis resorting hither And 
considering withall that the ordinar Magistratts of this brugh ar so dis- 
tracted with the necessarie effaires theirof that their is no jiossibihtie left 
to them to attend the saids mercatts quheirby the saids regraitters and 
foirstalleris may be curbed and the saids prejudices taken away Theirfoir 
they have devysit . . . that the whoU vivar mercatts of this brugh sail 
be divydit in maner following and according to the said divisioun that 
their sail be visitours and oversiers appoynted to have ane cair of regulatting 
the saids mercatts and sieing of pryces of vivers keipit and observed accord- 
ing to the table maid theiranent and indowed with all power for executing 
of the lawis and statutis of the said brugh. . . . 

1 See Extracts, 1626-41, pp. 213, 227. 

" The matter of the victual had been represented to the Provost by the Privy Council 
in January of that year, and again, more forcibly in March {P.C'.R. vii. pp. 183, 229). 



16 EXTRACTS FROM THE RECORDS 

Folio wis the divisioun of the saids mercatts. In the first divisioun is 
comprehencht the butter and cheis mercatts the wool mercatt and land flesh 
mercatt for the quhich they appoynt for ane yeir to come Thomas 
Leishman and George Maker merchands and James Nicolsoun skinner to 
be visitors. . . . 

In the second is comprehencht the pultrie and fish mercatts and nether 
flesh mercatt for which they appoyiit James Barns and Robert Mastertoun 
merchands and Patrick Trotter taUyeour to be visitors. . . . 

In the thrid is comprehendit the breid aill and meill mercatts and the 
stableris for corne and strae and the candlemakers for their candle for 
which they appoynt Hew Hammiltoun and WiUiam Sandilands merchands 
and Jo° Scott goldsmyth to be visitors. . . . 

[Full power is given to these persons for seeing the prices of victuals and the 
statutes kept and for punishing of oflfenders. Their instructions are as follows :] 

Imprimis they sail suff'er no regraitters nor forestallers to resort to the 
saids mercatts. 

Item they sail suffer no bowsing of no kynd of vivaris bot sail make all 
be presented to the mercattis and sail mak searche for this effect. 

Item they sail punishe all regraitters and forestallers. 

Item they saU punishe all them that buyis or seUs any vivaris outwith 
the mercattis. 

Item they sail apprehend and i^unislie aU such as goes throw the Toun 
to sell vivaris. 

Item they sail punishe all such as buyis vivaris coming to this brugh 
within four mylles of the same. 

Item they sail sett pryces upoun all vivers once in the monetli be 
advice of certane select persones sik as noblemen and gentlemens caitters 
hostlers and suchlyk whom they sail have power to choos and cite for this 
effect. 

Item they sail sie the pryces of the vivars conforme to the table maid 
and to be maid keiped and sail punish the transgressors. 

Item they sail sie the stableris statutis maid anent corne and strae to be 
put to executioun as also the statutis maid anent candle and talloun put 
to executioim. 

And last they sail exact the unlawis according to the Touns statuts and 
sail be countable to the bailhes for the samen The saidis baillies haveing 
allwayis power to moderat the unlawis or impose greatter as they sail 
think necessar And for better observing of the saids injunctiouns and for 
efifectuatting of the premissis the saids provest baiUies and counsell gives 
full power and commissioun to the saids visitors to waird the persones of aU 



OF THE BURGH OF EDINBURGH 17 

transgressors of the saids lawis and statutis or poynding their goodis at 
their pleasure. 

Followis the pryces of the vivars : 

The best goos — xviijs ; the best capoun — xij^ ; the best hen — viijs ; 
the pair of best chickens — vjs viij^i ; the pair of best doves — iij^ iiij<i ; the 
dissone of laverocks — iiij^ ; the best grys — xiij*^ iiij'' ; the hair — viij^ ; 
the pair of best cunyngs — xvj^ ; the black cock — xiij^ iiij'^ ; the gray hen 
— xijs ; The best moor fowlls in May, Junij and Julij — vj^ viij"! ; Theu'efter 
the wholl yeir, ix^ ; the j^air of best plovers, viij^ ; the pairtrig, x^ ; the 
best quhaip, viij^ ; the best pair of powtts, x^ ; the best tame duik, vj^ viij'* ; 
the wyld duik and di-aik, viij^ ; the pair of teill or young duilvs, x^ ; the 
pair of snypis — vjs viij'i ; the pair of horscobs — iiij^ ; the best solane goos 
— xx^ ; the dissone of eggis — ij^ ; the woodcok — viij^ ; the trone pund of 
the peice of the best beiff fra the 24 of Junij to the first of Januar, — ii^ ; 
the second sort of beiff the tyme foresaid — xviij'' ; the trone pund of the 
best beiff fra the first of Januar to the 24 Junij — ^iij^ iv^ ; the second sort 
the said tyme — xxxij<5 ; the trone pund of the best great fed veall — iijs iiijd ; 
the trone pund of the best hucfi-one veill — xxxij^ ; the best wedcler muttoun 
bowk fra the 24 of Junij to Candlemas — iij" ; the second sort of wedder 
muttoun the bowk theirof the tyme foirsaid — xl^ ; the best wedder muttoun 
the bowk from Candlemes to the 24 of Junij — iiij" ; the second sort the 
said tjrme — liij® iuj<i ; the best lamb fra Pasch to Lambes best sort — xl^ ; 
the second sort the said tyme — xxvjs viij'i ; the pund of the best fresh 
butter — vjs ; the pund of the best salt butter — v^ ; the stane of the best 
cheis — xl^ ; the stane of candle — Iviij^. 

[Follows the penal statute agamst forestallers and regraters and any who 
harbour them.] 

19th November 1642. 

[Certain fleshers appeared and bound themselves] that they and ilk [Slaughter 
ane of them sail provyd themselffes of sufficient slaughter housses ather 
owt with tills bm'gh or at the North Loche syde betwix and Pasche nixt 
under the payne of fyve hundreth pundis And siclyk that in the interim 
they sail not cast foorth any blood or filth upon the hie streitts or vennells of 
this brugh nor na paii't theu'of under the said paine. 

23rd November 1642. 

Ordaines Thomas Mudie thesaurer to build owt the loft in the Kirk [oauerym 
of the South parochin with all difigence. ... <- urc i. 

Quheiras the counsell fiiiding the harberie of Leyth daylie to grow to f^?';''','' °f 
decay and ruin which if it be not prevented will utterUe ruine And finding 

B 



18 



EXTRACTS FROM THE RECORDS 



that the thesaui-er of this brugh is not able to attend thes warks Theirfoir 
they appoynt the watter baiUie of Leith to attend the same and to prevein 
the apparent decay of the said harborie And to the effect he may have 
moneyis for doeing theirof the counseU lies allotted and allots the pittie 
customes and shoir dewties and uther dewties in Leyth for doeing theii'of 
And to this effect ordanes tlie said watter baiUie to uplift the same and to 
be comptable for the same yeirUe to the counsell. 



[Convening of 
Burghs.) 



[Ministors* 
stipends.] 



2mh November 1642. 

Ordames the clerk in thair names to wairne the brugliis of Pertli Dundie 
Abirdein Linhthgow Sanctandi'ois Glasgow Bruntyland Hadingtoun 
Dumbartoun Kirkcaldie Dysert to meitt and convein at this brugh the 
threttein of December nixt . . . and to come mstructed anent the matter 
of the general! searcher for any cours to be taken theiranent As also anent 
the patent craved be Tobias Knowis for making and laying of brick. ^ 

[Archibakl Tod and Robert Meiklejoline commissioners to that convention.] 

Forsameikle as thair being dew to M"^ Matthew Weymis minister at the 
Kirk of Halyruidhous furth of the Bishoprils of Ed' and speciaUie furth of 
the teyndis of the parochin of S* Cuthbertis for his stipend the locahtie 
efter folio wmg viz. Owt of the teynds of VVrightishoussis tlu-ettie tlirie 
boUis . . . Owt of the teyndis of the auld fewit borrowmuire of Ed^ . . . 
tlu'ettie fyv'e boUis tlu-ie pecks the fyft pairt of ane peck ... of the teyndis 
of Broglitoun . . . thrie boUis twa fm'lets the fyft pairt of twa fm-lets . . . 
Off the quhich locahtie the said M^ Matthew Weymis hes bein in peaceable 
possessioun in tlie tyme of the lait Bishop of Ed'' and ever since The counsell 
considermg that M'' Andro FairfowU minister at the Kirk at the north syd 
of the bridge of Leyth hes procured of his Ma^'^ befoir any pairt of the said 
Bishoprik came into their handis among uther dewties of the said Bishoprik 
the number and cjuantitie of twelff bolhs wheatt fm'tli of the saids lands of 
Wrightshoussis and being unwUhng that the said M"" Matthew sould be 
disappoyntit of his said ordinarie stipend Theirfoir they have designed 
and appoynted the locahtie foUowmg viz : furth of the lancUs of Wrights- 
houssis sextein boUis thrie firlottis the fyft pairt of ane firlott beir and 
foiir bolhs thrie firlottis the fyft part of ane firlot wheatt Item furth of the 
teynds of the aikers of the said auld fewed borrowmuire of Ed"" pertening 
to Sir WiUiam Dick threttie fyve boUis thrie pecks the iyit part of ane 
peck beir Item furth of the teynds of the saids aikers of Broghtoun pertenhig 
to Jon Co\vper of Gogar thrie bolhs thrie firlottis the iyit pairt of twa 



' Tobias Knowis, Englishman, contributed 2,000 merks towards the defence of the Town 
in October 1640. 



OF THE BURGH OP EDINBURGH 19 

firlottis beir Item owt of the aikers of land perteiiing to M'' James Chrictoun 
foiirten boUis beir which fourten bolHs beir in recompence of the said twelff 
bollis wheatt wiiich he had of before furth of the saids lands of Wriglitis- 
houssis And the quhich locahtie the saids . . . counsell assignes and 
dispones to the said M'' Matthew in full recompence of his stipend which 
he had of befoir owt of the Bishoj^rik of Edi". . . . ^ 

Forsameikle as M"" Robert Balcanquell minister at Tranent haveing ane 
pau-t of his stipend pajat be the lait Bishop of Ed'' furth of the teyndis of 
Halyi'uidhous viz : the soume of fourscoir merks money ane boll wheatt 
ane boll beii- and four boUis aitts Togidder with fourtie pundis for the 
elementis Thenfoir the . . . counsell ordaines . . . theii' collector of the 
dewes of the said Bishoprik to content and pay to the said M"' Robert the 
particular soumes of money abonewTitten and for the said boU wheat the 
soume of nyne jiund sex shilling eight pennyes for the said boll beir eight 
pund sex shilling eight pennyes and for the saids fom- bolhs aitts twentie 
nyne pund sex shilling eight pennyes. . . . 

30th November 1642. 

Ordaines Jo" Jowssie thesam-er of the coUedge to pay to M'' Samuel [Purchase of 
Jo°stoun for his right of the land in the hie schooll yand pertening to the High school.] 
aires of umquhile Sir James Skein the soume of seven thousand merks 
with ane yeiris annueh-ent. . . .^ 

2nd December 1642. 
Appoynts George Suittie James Rucheid William Trotter and Robert [Payments to 

, neighbours.] 

Meiklejohne to attend and sie the nighbours who advanced moneyis in 
the tyme of the lait troubles anent the castle and works of Leyth payed 
of the bygane annuelrentis till Witsunday last inclusive And to rejDort to 
the counseU their names who ar pajdt. 

7th December 1642. 

[The accounts of John Trotter, Kirk treasurer for 1639-41, show him to 
be overspent in the sum of 549" 0" 11'^.] 

Ordaines the present thesaurer to repair the wholl pomps in the wells [Pumps.] 
with diUgence. . . . 

Alex^ Herrone at the West Port being conveind for running and venting [Saie of nine.] 

^ See p. 8 supra. 

^ See vol. iii. p. 249, wliere tlie Council agreed to buy the house and yards of the late 
Sir James Skein, President of the College of Justice, for a dwelling for the professor of divinity, 
with a legacy by Mr Bartholomew Somervell. 



20 



EXTRACTS FROM THE RECORDS 



[Sale of wine.] 



[Bishopric of 
Orliney.] 



of wyne at the West Port the counsell dischairges him of all farder running 
of wyne in tjrme comeing. 

Robert Gordoun indweller in the Watter of Leith being conveind for 
venting wyne in the said place the counsell dischaii'ges him of all farder 
running of wyne in tyme comeing. 

Ordaines James Rae merchand and Jo" Scott chirurgian to pas to the 
lait Bishop of Orkney to intreat for the writts and all informatioun requisite 
for the knowledge of the estaitt of the Bishoprik. . . .^ 

[The masters of the hospital are to pay to John Hillstoiin, merchant, 350 marks 
for his right to the lands of Heriot house and Heriot town, mortified to the 
said hospital by James Troup, merchant.] 

[Church at tiie Haveiug consiclerit the fabrick of the warke of the kirk at the Trone 

Tron.] " 

and finding that it is most expedient that cpihat is to be perfyted thehof 
may be doone upon taske Theu'foir they have agriet with Jo° Mylne present 
Master Maissoun that he sail compleitt the wholl stone warke thekof in 
warkmanship and furnisliing of workmen to the height designed in the 
same maner as the rest of the worke is done and conforme to the note 
given in be him this day And the stipell twentie fute above the syd wall 
The bodie of the kirk betwix and Lambes nixt and the yle bet^\^x and 
Michaelmes theirefter The counsell allwayis finding stane lyme and skaffold- 
ing and all uther necessars except warkmen and warkmanship As said is 
for which he is to resave the soume of four hundreth pund sterUng. . . ?■ 



[Legacy to 
manufactory at 
Paul's Work.] 



23rc? December 1642. 

[James Rae presented the inventory of the writs obtained by him from the 
late Bishop of Orkney, with the writs. The mventory is given in exlenso.] 

Compeired Jo" Trotter merchand and declaired that his father in his 
letter will and testament had appoynted the soume of fom* thowsand merks 
conteind in ane band be the now Earle of Marr than styled Jo" Lord Erskine 
and his cautioners ... to be imployed be him as his au- towards the 
traineing up of children in the manufactorie of wooll or hnt in the hospital 
foundit be Robert Trotter his sone be advyce of the Provest bailhes and 
counsell of Ed"" and that he for fulfiUing of his said fathers letter will and 
testament with consent of the said Robert his brother wes content the same 
sould be bestowed for interteining of poor children within Sanct Pauls 
Warke and traineing them up in the said manufactories . . . and wes 
content ... to assigne the foirsaid band to the saids Provest bailhes and 
counsell to be imployit to the use foirsaid they allwayis being obleist for 
performeing theirof. . . . [The council accept the legacy and conditions. 

' See p. 14 .nipra. ' See Extracts, iGsS-^i, Appendix ix. 



OF THE BURGH OF EDINBUPvGH 21 

Similarly John Trotter delivered to the council a bond for 1,000 merks by 
William Hoome of Aittoun, bequeathed by his late father to the Hospital at 
Leith Wynd foot.] 

Forsameikle as be ane contract . . . maid and perfytit betwix Margaret (Lands in 
Dowglas doghter and air servit and retourit to umquhile Arcliibald Douglas bequeathed to 
her father sometyme servitor to William Earle of Mortoun with the special! 
advyce and consent of Margaret Dowglas her mother and tutrix ... on 
the ane pairt and umquhile Jo" Trotter on the uther pairt of the dait the 
nynten of Januarij i™ vj^ threttie nyne yeiris the said Margaret Douglas 
with consent of her foirsaid mother for the soume of sex hundreth merks 
money obleist to be pajat to her be the said umquhile Jo" Trotter . . . 
sauld and disijoned to the said Johne his aires and assigneyis quhatsumevir 
all and haill twa aikers of land and ane tenement of housses sometyme 
pertening to umquhile Jo" Smyth merchand burgess of Ed^ lyand within 
the Toun and territorie of Dunce ... for the quhilk clis230sition the said 
umquhile Jo" Trotter obleissed him his aires and executors to content and 
pay to the said Margaret Dowglas the soume of sex hundreth merks at 
Witsunday or Mertimes nixt and immediatlie following her majoritie she 
delivering to him ane ratificatioun of the said contract . . . And in the 
mein tynie to pay to her the soimie of fourtie eight merks yeii'lie of annuel- 
rent . . . Compeii'ed Jo" Trotter sone and air to the said umquhile Jo" 
and declaired that his said father had willed him upon his dead bed to 
dispone the saids landis and foirsaid contract and all rights competent to 
him to the saids landis in favour of the colledge of Ed"" and towards the 
maintenance of ane bursar within the said colledge to be jaresented be 
him dureing his lyftyme and efter Ms deceis be the Provest baillies and 
counsell and offerd to denud himselff of his right of the saids lanchs and 
contract omni habili modo in favours of the said colledge and of the said 
bursar. . . . [The CouncO accepted the offer and ordered the College treasurer 
to receive from the said John Trotter the securities of the said lands and to 
do all other necessary affairs.] 

28th December 1642. 

Andro Wilsoun Jo" Garvet and Mungo Sympsoun burgessis of this (Cramers for- 
brugh and George Hammiltoun being conveind for keiping crames within Parliament 
the Parliament hous with old bulks and cramerie watres confesd the same 
and the counsell finding the same verie prejudicial! to their iither nighbours 
Theirfotr they dischairge them of selling or keiping of crames within the 
said Parhament hous or Parliament yaird in all tyme comeing And . . . 
for causes moveing them at their earnest suite superceids the executioun 
of tliis sentence tiU the last of Februar nixt. . . . 

b2 



22 EXTRACTS FROM THE RECORDS 

30th December 1642. 

[Archibald Tod and Robert Meiklejohne commissioners to* the particular 
convention of burghs on 2nd and 10th January.] 

25th January 1643. 

tPormjt to Whereas this day compeird Sir Jo" Smyth and produced ane warrand 

from England] fronie certane of the Lords of his Mat'^s Exchequer in England direct to 
the officers of his Majesties customes m the port of Londoun or to any 
uther officer in any of his Mat'^^ ports for giveing Ucence to the said Sir Johne 
and Henrie Rollok or any haveing atlier of their poweris to shipp and 
transport owt of the said Kingdonie of England to Ed^ fyve hundreth fodder 
of lead custome frie As the said warrand daitted the sevent of May last at 
mair lenth beii-is . . . And the counsell considering that for the present 
for accomphshing of the churche at the Trone covering of ane pairt of 
Heriots hospitall and for covering of the librarie intended in the coUedge 
they have use of ane pairt theii-of Theirfoir they have agried that their 
sail be sent for the number of ane hundreth fodder and for this effect 
ordaines the Provest and baiUies in their name to wryt to Jo" Jo"stoun 
merchand in Londoun for buying of the said hundreth fodder and sending 
of it to Leyth upoun the Touns risk And ordaines Sir Jo" Smj^h to give 
power and procuratorie to the said Jo" for bujdng and resaving of the said 
hundreth fodder and to desyr him to present the said warrand to the saids 
customeris and to receive it bak againe immediathe that theirefter the 
counsel] as they sail have occasioun may use it for the remanent of the 
said leid or any pairt theirof Or if they refuis to give it bak againe that he 
tak some such cours as it may be effectuall to the counsell heirefter quhen 
they sail have to doe theirwith As also to intreatt him to become sovertie 
that the counsell sail imploy the same to the uses fonsaid and no uther- 
wayis As he sail adverteis the said Sir Jo" of his proceidingis the counsell 
sail immediathe tak cours for payment of such soumes as he sail have 
occasioun to deburs And last ordaines the said warrand to be delyvered to 
Mr Alex"" Hendersone with their letter. 

[WiUiam Trotter, treasurer, rendered his accounts of the sums of money 
paid by the Estates, ui name of annualrent, to the neighbours, from whom the 
Council liad borrowed during the recent troubles, together with a list of those 
persons to whom the payments had been made.] 

1st February 1643. 

Ordaines WiUiam Trotter lait thesaurer to pay to Thomas Buchanan 
sheriff of Orkney furth of the reddiest of the rent of the said bishoprik the 



OF THE BURGH OF EDINBURGH 23 

soume of thiie hundi-eth merks scottis money to be imploved towards the [Payment for 

^ X ^ repair of choir 

repairing of the queir of the Ivirk of Kirkwall. . . . ofthechurcu 

•^ ° ^ at Kirkwall.] 

3rd February 1643. 

[Archibald Tod and Robert Meiklejohne commissioners to tlie convention of 
burghs on 7th February.] 

B,th February 1643. 

Ordaines tiie the.sanrer to cans niak ane yi'one yett for the utter hous [Dingwaii.i 
of the Dingwall for keiping in of tlie poor people that ar put there. . . . ^ 

Ibth February 1643. 

[Tlie treasurer having obtained the houses and yards, formerly belonging 
to the late Sir James Skene of Curriehill, president of the College of Justice, as 
a house for the professor of divmity, according to the desire of the late 
Mr Bartholomew Somervell, he is ordered to collect from Sir William Dick 6,000 
merks, with the annualrent, from the 20,000 merks due by him to the Town.] - 

\st March 1643. 

[The second term of the Town's extent, being 20,000", is to be levied upon the 
neighbours. 

The accounts of the late John Fleyming, treasurer for the year 1638-9, show 
a charge of 109,205" 2^ .5''. a discharge of 107,306" r^^ 11^, leaving a balance due 
by the Town of 1,898" 16^ 6<i. The accounts for 1639-40 show a charge of 
165,594" 16^ 4'i, a discharge of 166,862" 12**, leaving a balance due by the Town 
for the two years of 1,267" 15« 4" less 60" 10^] 

Qth March 1643. 

Compeird Robert Fleyming ane of the baillies of tliis brugh and producit [Legacy to 
umquhile Jo" Fleyming lait baillie liis letter will and testament By quhich buuding two 

^ -^ ~ . chambers.] 

he lies left and bequeathed the jjarticular soumes underwTitten to the 
severall uses following viz : the soume of four thowsand merks towards 
the bmlding and rejiairing of tlie Colledge of Ed'' to be disponed upon 
be the Rector of the said Colledge and his assessors their advyce and that 
in contentatioun of ane tliowsand merks formerlie promeised be the said 
umquhile Johne Fleyming for the building of twa chalmeris within the 
said Colledge Item he lieves to the good Toun of Edinburgh the soume of 
uther four thowsand merks money for help of payment of their ministers 
stipendis Item mair he Ueves to the thesairrer of the Kirk sessiouns the 
soume of tlirie hundreth merks for the use of the poor Item mail" he lieves 
the soume of fyve hundreth merks for the use of the hospital! . . . Quhich 

• Beside the Trinity College Church. It liad been used before as a place of detention. 
- See p. 19 supra. 



24 



EXTRACTS FROM THE RECORDS 



[Legacy to 
College for a 
bursar.] 



[Complaint 

against 

Hammermen 

possessing 

mortcloths.] 



particular soumes of money the . . . counsell ordaines the present thesaurer 
to upUft and resave from the executors of the said iimquhile Johne 
Fleyming. . . . 

10th March 1643. 

Compeird James Cant and in name of M'' James Schoneir executor to 
umquhile Dame Ehzabeth Gibsone rehct of umquhile Su- Robert Denniel- 
stoun ^ and gave in the soume of fyve hundreth merks left in legacie be 
the said umquhile Sir Robert for intertaining ane bursar in King James 
his coUedge The presentatioun to belong to Alexander and James Denniel- 
stoun dureing their lyftjones and eftir their deceis to belong to the 
counsel]. . . . 

nth March 1643. 

Anent the complaint given in be Johne Jowssie thesaurer of the CoUedge 
in name of the masteris there Againes Andro Halyburtoun present deaken 
of the hammermen . . . and the rest of the bretlu-en . . . for making of 
twa new velvet mortclothis and lending the same out to sinchrie of their 
craft contrair to ane act of counsel! daitted the eight of ApryU j™ vjc and 
fourten yeiris Quheirby the counsell dischairged any persones within this 
brugh from haveing or useing of anie velvet mortcloth or lending the same 
out . . . except the velvet mortclothis of the Tounes . . . And the said 
deaken . . . with sincbie uthers of the said craft compeirand confest the 
making and haveing of the saids velvet mortclothis Qulierwith the . . . 
counsell being advysed tliey dischairge them from haveing of any velvet 
mortclothis in tyme comeing and ratifies the said former act. . . .^ 



22nd March 1643. 

[Re-publication of statute against lettmg houses to unfreemen, vagabonds or 
other scandalous persons.] 

29th March 1643. 

[The liammermen's two mortcloths were delivered to the College treasurer, 
who was ordered to pay for them 295'' 10^ 4".] 



[Skinners' 
house.] 



31s< March 1643. 

Whereas the . . . counsell at the desyre of the deaken of the skimieris 
of this brugh haveing compeu-d upon the ground of that their land lyand 



1 Sir Robert Dennielstoun (or Dermiestoun) was Conservator of tlie Scottish Staple in 
tiie Netherlands from 1589 till 11th August 1624 when Patrick Hamilton was appointed 
as his successor. 

- See Extracts, 1604-26, p. 49, when the Council allotted the profit of the hire of mortcloths 
to the College instead of, as formerly, to the Trinity Hospital. On the occasion mentioned 
above {ibid. p. 115) the surgeons were forbidden to Iiave private mortcloths. 



OF THE BURGH OF EDINBURGH 25 

upoun the west syde of Grayis clois right over againes that tenement of land 
pertening to Andro Ainslie lyand upon the eist syd of the trans of the said 
clois Efter the inspectioun of the said land They have granted . . . hbertie 
and licence to the said deaken of the skinneris and his brethren to come 
owt upon the said clois and trans owtwith their present sydwall conforme 
to the jadge presenthe given unto them with this provisioun that they 
rais their new sydwall plum right up conforme to the said jadge and that 
they nather sailhe furth upon the said sydwall farder owt nor the said jadge 
nor yet cast furth any hinging staires af therof. 

Uh Aijril 1643. 

Forsameikle as upon the twentie sevent of Marche last ane shipp calht [^^j™'J|\'j° 
the Mirrie Katlaren of Dysart quherof David Sibbald wes master haveing i-eith.] 
lowsed from the raid of Dysert be stres of wedder and come upon the 
west bulwarke of Leyth quhich the said scliipp hes miserabhe hurt and 
overthrowen Quhich being considered be thes appoynted for visiting the 
said harberie and the skipper himselff compeirand and submittand himseUf 
in the counsells wUl And the counsell considering the extraordinar chairges 
they wiU be redacted unto in repairing the said bulwarke and yit considering 
the great hurt the said skipper will be necessitat unto Theirfoir they have 
modified the said chairges and unlawed the said skipper in the soume of 
fyve hunch-eth merks . . . to be imployed towards the reparatioun of the 
said bulwarke. . . . 

Uth April 1643. 

Quheras the counsell being informed be Thomas Moodie thesaurer that g'uament 
ther wer divers persones seiking the boothis laitlie buildit in the Parhament ciose.] 
clois and desyred to be informed to what persones he sould sett the same 
. . . findis it expedient that the same sail onlie be sett to goldsmythis to 
bookbinders to mounter makers and workers of mathematical! instruments 
and to none uthers. . . . 

I'dth A^wil 1643. 

Haveing by their owen experience of the pious dispositioun and good ^?™'^for Lady 
inchnatioun to pious and charitable works of the right honorable lady 
Dame Margaret Ker Ladie Yester and especialUe of her favorable goodwill 
towards the poor of this brugh quhilk they find aught to [be] interteined 
and cherished with all thankfulnes Theirfoir they have given and granted 
... to her ladiship that west pairt of the seatt possest be her ladiship 
nixt and directlie befoir the piller southward from the pulpitt and also 
the Uttle seatt right behind the entres to the said seatt at the west syd 
of the forsaid piller in tiie Mid Kirk of Sanct Geillis allotted for the south 



26 



EXTRACTS FROM THE RECORDS 



[Tack duty of 
Orkney.] 



parishe of this brugh and appojoitis the saidis twa seattis or pewes to the 
said honorable lady and her attenders.^ 

5th May 1643. 

Ordaines the laitt thesaurer WiUiam Trotter to resave from Sir WiUiam 
Dick the soume of fowr thowsand and fowr hundreth merks for the Wit- 
sunday termes dewtie j™ vjc fourtie twa yeiris for the cropt j™ vj^ fourtie 
ane of the deutie of Orkney ... as also to declair that the counsell hes na 
intentioun to sute the said Sir WiUiam for tlie Mertimes dewtie following 
the said Witsunday . . . without prejudice to the counsell to suite the 
same from Robert LesUe. . . . 



[Repair of 
Church at 
Fala.l 



10th May 1643. 

Being informed of the ruinous estaitt of the Kirk of Falay Theirfoir of 
their frie gratuitie and good will they graunt theirunto the soume of sex 
punds seventeen shilHngs and ordaines ... to pay the same to M"" Jo° 
Logane minister at the said ku'k. . . . 



[Timber for 
repair of Leitli 
liarbuur.] 



[Price of 
freedom of 
the burgh.] 



12th May 1643. 

Forsameikle as the counseU understanchng of the apparent ruine of 
their harborie of Leyth quhich cannot be preveind so commodioushe as 
the necessitie theirof requyres Theirfoir ordaines the thesam^er to agrie 
with Jacob Kennean van Lubek for bringing home ane shipps laidning of 
timber and becaus the same skipper must presentlie be stockit ordaines 
the thesaurer to advance to him the soume of thrie hundreth doUeris or 
mair ... As also ordaines the said thesaurer be advyse of the watter 
baiUie to agrie for ane pylott with. him. 

[The weaponshowing is to be held on 13th June.] 

nth May 1643. 

Quheras it being compleind upoun that the little pryce quherunto the 
friedome of this brugh is sett occasiones many poor people to suit the 
same and quherby the same is contemned be men of quahtie And it being 
universaUie regi'aitted and thoght that the same aught to be highted 
Thairfoir the counsell ordaines the Provest Edward Edgar Robert Fleyming 
and the rest of the baiUies deane of gild old provest Sir Wilham Gray 
[and fifteen otliers] to meitt and con vein and consider the expediencie of the 
said matter and to report their advyce to the counsell theiranent As also 

' See Extracts, 1626-41, p. 244. 



OF THE BURGH OF EDINBURGH 27 

ordaines the saids persones to take to their consideratioun the fewing of 
the south loche and conditiouns thehupon.^ 

Consideruag that it is necessar and expedient for good governement in [conunersof 
the Toun of Leyth upon the south syde of the watter theirof . . . that 
nane sould exerceis any craft or caUing within the same hot such as eftir 
tryell of their quahficatioun and good conversatioun saU obtein hcence 
and warrand for that effect Theirfoir they have statute . . . tliat no persone 
presume ... to exerce the cordiner craft in the said Toun of Leyth hot 
sucli as sail be admitted thehunto be theme under the paine of fyve jDundis 
for the first fault and ten pund for the second and escheatt of all their 
warke for the thrid . . . And ajipoyntis the deaken of the cordiners of this 
brugh for the tyme to be visitour and tryer of all such persones as sail 
desyre to exerceis the said craft within South Leith with power to them 
to depute under visitours from yeu- to yeir for good governement among 
the said craft for quhom they sail be answerable Provyding allwayes that 
they nor nane of them nor their under visitours accept no tryell nor give 
no connivence to any to worke theii- bot such as saU be remitted to them 
to try be the counsel! and incaice they failyie thir jiresentis to be nuU. 

19th Matj 1643. 
Ordaines George Sterhng kirk thesaurer to pay to William Riddoch [Prisoners with 

the Turlis 1 

in Leyth the soume of fowr hundreth merks as for the Touns supplie to 
the prisoneris and captives at SaUe taken be the Turks as persone appoynted 
be the Lords of counsell for ressaveing of the contributioun appoynted to 
that effect.^ 

24th May 1643. 

Forsameikle as the Provest bailhes and counsell with advyce of the [New buildings 

■' at Trinity 

Kirk sessiouns of this burgli haveing causit visit the hospitall at Leyth Hospital.'] 
Wynd fute and haveing fund be the report of thes appoyiited for that 
effect that the same may be reduced to ane constant table Thehfoir they 
did ordaine the last Masteris of the hospitall to take doun the overpairt 
of Dingwall for the staneis theirof and to repair the present hous of the 
hospitall conforme to ane act of counseU of the dait the twentie of Apryll 
jm vjc fourtie twa yeiris Lykas conforme to the said ordinance the saids 
Masters hes taken doun the over paht of the said Dingwall and gathered 
the staneis theirof togidder As lykwayes hes boght some dailies for repairing 
of the said hospitall Theirfou- . . . ordaines the present Masters of the 

1 A committee had been appointed for a similar purpose in 1620, but no steps taken by 
them were ever reported {Extracts, 1604-26, p. 205). 

'■ See P.C.R. vii. p. 350, the petition of John Bulcraig and Alexander Martine, sailors in 
Leith. The matter came before the Lords in November 1542. 



28 



EXTRACTS FROM THE RECORDS 



hospitall to imploy the saids daills in repairing of the said hospitall and to 
buUd to the west syd and south end of the same twa housses ilk ane of 
them twa hous hight togidder with ane skaUl stair betwix the saids twa 
housses and old hous for ane entrie from the saids new housses to the 
old hous and to repaii- the said auld hous m divers partitiouns to contein 
twa bedis with ane boord And the present overhous and nether hous to 
contein ane sufficient dyning rowme and the said nether hous to contein 
by and attoiir the said partitiouns ane kitchen ^vdth sufficient rowmes for 
servandis And this to be done with all convenient diUgence And the expensis 
to be debiu'sed theirupon sail be allowed to them in their comptis.^ 



[Letter from 
the King to be 
discussed with 
the 
neighbours.] 



2&th May 1643. 

Compeird Sir Alexander Clerk Lord Provest and shew that he had 
resaved fra the Earle of Lanerik his Ma^^s secretarie ane letter cUrect to 
the Provest bailhes and counseU from his Ma*^^ quhich he presenthe delyverit 
Quheirof the tenour foUowis : Charles R. Trustie and weell beloved we 
greitt yow weiU Since nothing on earth can be moir dear unto us then 
the preservatiomi of the affectioun of our people and amongs them none 
mon then of thes of our native Kingdome wliicli as the long and un- 
interrupted governement of us and our predicessom's over them doeth 
give us just reason in a moir near and speciaU maner to chaUeng from 
tliem So may they justhe expect a j^articular tendernes from us in every 
tlimg quhich may contribute to their happines Bot knawing what Industrie 
hath bein used [by shattering seditious pamphlets and imploying privat 
agentis and instrumentis to give bad impressiouns of us and our pro- 
ceidingis as under presence of a danger to rehgioun and governement] 
to corrupt your fidehties and affectiouns and to mgadge them in ane 
unjust quarrel! against us their King we cannott theirfoir bot indevoir 
to remove thes jealousies and secine your fearis from all possibihties 
of any hazard to ather of these from us Wee have theirfoir thoght fitt 
to requyi'e yow to call togidder your fellow burgessis and to put 
them in mynd of the many favours o^vr Toun of Ed^ hath resaved 
from us Quhich we sail allwayes be willing to continew and to increas 
towards them as occasioun saU offer And in owr names show them 
owr wiUingnes to give aU the assureances they can desyre or we 
possibhe grant [if moir can be given them allreadie is] of preserving in- 
violabhe thos graces and favours quhich we have of lait granted to that 
owr Kingdome And that we doe faithfuUie promeis nevir to goe in the 
contrair of anything there estabhshed ather in the ecclesiasticall or civill 
governement Bot that we will inviolabhe keip the same according to the 

' See p. 3 supra. 



OF THE BURGH OF EDINBURGH 29 

lawis of that owr Eangdome And we doe wishe God so to blesse our proceid- 
ingis and jjosteritie as we doe reallie mak good and performe tliis promeis 
We hope this will give so full satisfactioun to all that sail hear of this our 
solemne protestatioun that no such persones as studie divisioun or goe 
about to weaken the confidence betwix us and oui' people and justhe deserve 
the name and punishment of incendiaries sail be sheltered from the hand 
of justice and all such uthers as sail indeavour peace and unitie and obedience 
to us and our lawis may expect that protectioun and increas of favom^s 
from us quliich their fidehtie deserves So expecting your cair heirof we bid 
yow heartihe fair weeU From our court at Oxfuird the 21 of Apryll 1643. 
Eftii- reading quheirof the saicls Provest baiUies and counseU according to 
the desyre of the said letter ordaines the baillies to cans waii-ne ane competent 
and good number of the honest nighbours of qualitie to convein in the 
counsell hous the morne in the morning at eight in the clok and there his 
]\ja,ties gratious declaratioun to be read in all their audience. ^ 

21th May 1643. 

The Provest baillies deane of gild thesaurer counsell and deakens of [Reading of 
craftis being conveind in counsell with ane great number of the honest 
nighbours the letter produced yesterday wes intimat and read unto them. 

Zlst May 1643. 

[Sir John Smith and James Demiiestoun commissioners to the Convention 
of Estates to be held in the Town on 22"'' June.- 

Archibald Tod and Robert Meiklejolme commissioners to the Convention of 
Burghs to be held at Dumbarton.] 

Ml June 1643. 
Quheras the commissioneris of the commoim burdens finding it both [Powder 

^ ^ Magazine.] 

necessar and expechent for this Kingdome that ane pant of the magasen 
of the countrey of the powder sail remaine within this burgh And for this 
effect haveing requyi-ed the magistratts for proyding ane place theirfotr 
Wherwith the counsell being acquainted and haveing maid particular searche 

^ A letter in very similar terms was addressed by Charles I. to the Earl of Mar {Petrie, 
p. 138), of the same place and date. The fortunes of war had been with the King so far 
and the Scots had become anxious because of their pre\'ious risings against him. The 
English Parliament was endeavouring to obtain Scottish support. These letters were part 
of the King's attempt to conciliate and attract the Scots. Evidence of the English activities 
and of their acquaintance with Scottish opinion is found in letters of an agent of theirs to 
John Pym and others {Hist. MSS. Com. Hamilton Papers, Suppiem., pp. 61-7). 

- This convention was proclaimed at the desire of the Privy Council, the Commissioners 
for the Conservation of the Peace and the Commissioners for Public Burdens. The King 
protested against this infringement of the royal prerogative but ultimately permitted the 
meeting under certain limitations (A.P.S. v. p. 588, and Rail, pp. 156-7). 



30 



EXTRACTS FROJI THE RECORDS 



and tryell for ane convenient place Eftir tryell they could find nana bot the 
northmest volt above St Geillis Kirk upon the west syd of the steiple And 
theirfoir the said Provest baiUies and counsell with consent of the deakens 
of craftis both ordinar and extraordinar lies agried . . . that pairt of the 
said magasen of powder be transported to the said place and tliis to be done 
upon the expensis of the saids commissioneris and the said place maid sure. 



[Loan for 
Cliurcli at the 
Tron.] 



mh July 1643. 

Haveing imployed Laiu'ence Hendersone merchand to be thesaurer for 
the building of the Kirk at the Trone for the south eist parochin of this 
brugh And finding that the moneyis appoynted for balding forward the 
said warke conies slowhe in and that the keiping of the warkmen upon 
their hand is greivous For avoyding of which inconveniencies the counsell 
hes thoght meitt and expedient that some moneyis sail be borrowed for 
balding forward the said warke. [The treasurer is authorised therefore to 
borrow a sum not exceeding 4,000 merks.] 



[Market at the 
House of the 
Muir.] 



Uth July 1643. 

Compeird George Welshe Johne Welshe and Jo° TweecUe dryvers and 
actit themeselffis . . . that they nor nane of them sail sell any oattell or 
other goodis at any place within twentie mylles of the hows of the muire 
nor make mercat except at the orcUnarie j)lace of the said hows of the muire 
or west port of Ed' under the paine of xl"** toties quoties. . . . 



(Acts of the 
Convention of 
Burghs.] 



\^th July 1643. 

[The acts of the General Convention of Bvu'ghs at Dundee, intimated to the 
Council by their commissioners, previously recorded] sa many of them as wer 
necessarie to be intimat to our nighbours the . . . counsell maid lawful! 
intimatioun and pubhcatioun theirof and hes caused the same to be 
observed and keipit Quliich they testifie to be of veritie be thu- presentis. . . . 

[It having been agreed in the contract between the Council and Robert 
Trotter and Thomas Leishman, dated 30 October 1641, among other things, 
that Trotter and Leisliman should pay yearly to the Council 4 per cent, on the 
1,000' 'sterhng then paid to them to be divided among the parents of the poor 
children supported by them in Paul's Work, and now] fincUng that the imploy- 
ment of the said interest that way hes not bein so usefuU and beneficiall 
for the worke as wes expected Theirfoir they have of new agriet and 
consented that the said interest sail be distribute for buying of clothis 
to the said poor cliildren. . . . ^ 

• See Extracts, iii. pp. 251-2, for the account of the legacy and its handing over to the 
contractors for Paul's Work. This undertaking must be distinguished carefully from the 
separate institution of the Correction House, established in a part of the same building. 



OF THE BURGH OF EDINBURGH 31 

26<A July 1643. 

[Sir John Smith of Grottall, K' and James Danielstoun commissioners to the 
General Assembly on 2°'' August.] 

The same day unlawis Robert Haliburtoun younger in the soume of iunia\rfui 

., . ,. „,. -. ..„, p purchase of 

eight scon- puncus money for buymg oi ane great quantitie oi tobacco from tobacco.] 
ane stranger Jacob Yansone come from We.st Indians befoir the same 
wes offerit and for weying the same in Leyth . . . and als unlawis the 
said skipper in the soume of fyftie fowr pundis for entering and offering of 
the said tobacco . . . And ordaines the nighbours to have their skair of 
the said tobacco as the said Robert Halyburtoun boght the same from the 
said stranger. 

Uh August 1643. 

[Archibald Tod and Robert Meiklejohne commissioners to the particular 
Convention of Burghs on 7"' August.] 

Wi August 1643. 
Forsameikle as Sii' W™ Dick being addebted to the good Toun in the [Ministers' 

~ ® stipends.] 

soume of ten thowsand merks yeirlie conforme to his band daittit the 
twentie eight of December j™ vj*^ fourtie ane yeiris Qidiich band wes delyvered 
to Thomas Moodie thesaurer and the counsell considdering that the payment 
of the Ministers stipends lyes upon the comraoun good for the most jjairt 
And that the said band might be applyed that way and the commoun 
good releived pro tanto Theiifoir the counsell assignes the money conteind 
in the said band for the use foirsaid. . . . 

nth August 1643. 

[The deacon of the bakers of the Canongate and one of his brethren, for 
insults to the baihe of the regaUty of Broughton and an attack on the bailie of 
the Canongate are to be imprisoned in the Tolbooth of Edinburgh, to make 
amends to the bailies and to pay fines of 40" and 20i' respectively.] 

\&ih August 1643. 

[The persons, mentioned above, having given satisfaction to the bailies are 
to have their fines repaid.] 

Grants bill of health to David Wilkie merchand Testifieing him to have [bui of Health.] 
shippit aboord in the good shipp caUit the Margaret of the Queensferrie 
qulierof Robert DawHng is master certane merchandice consisting of wax 
linning claith and knappald pertening to him and certane uther merchands 
Imrgessis of this brugh his pairtneris As also testifieing that their is sexten 
persones to goe along in the said shipp frie of all contagioun of plague or 



32 EXTRACTS FROM THE RECORDS 

pestilence lykas this haill Kingdome is for the jiresent Praised be God 
As also testifieing that of the foirsaid lynning claith there is fyftie sex 
baUis of frenshe lynniiig pertening to the said David and his pairtneris . . . 
and to none of the Frenche or uther natioun and that under their seall of 
cans. . . . 

I8th August 1643. 

[John Arthiir, servant of His Majesty's Commissioner to the General Assembly, 
is to be made burgess and gildbrother gratis.] 

23rd August 1643. 

[M' Andrew Monro, keeper of the hbrary, produced four catalogues of recent 
additions to the library.] 

[BiUofHcaitii.] Grants bill of health to James Colquhoun merchand testifieing that he 
lies shipped m the good shipp caUit the Margaret of Leyth quherof Robert 
Langlandis is master certane merchandiee of wax scottis linoun cloth and 
broad manufactorie cloath and knappald . . . from Leyth to Cadiz in 
south Spaine. . . . 

25th August 1643. 

[Roofing of tiie Forsameikle as the churche at the Trone being now readie for the 
Tr'o") ^ '' covermg with timber and leid and there being no money in Laiu-ence 
Henrysouns handis for prepaning for the same and winter drawing now 
nen For preventing thenof the counsel! ordaines the thesam-er to borrow 
upon interest the soume of sex thowsand merks and to deliver the same 
to the said Laurence and the said Laurence to send for leid in tyme And 
ordames the baiUies to -wTyt to M"" Jo"stoun m their names for assisting of 
such as Laurence sail imploy to that effect and to recommend the same 
to M'' Alex"" Henrysone. . . . ^ 

Wth August 1643. 

[Eacroach- Forsameikle as the counsel] haveing now pertening to them the harberie 

harbour] of Lejdli and infeft theirin to the ebbing and flowing of the sea Lykwayis 

liavemg now pertening to them the north syde of the bridge of Leyth And 
finding the inhabitants there does incroche within the sea merk cast dockis 
and uses the same at their pleasure without any licence or acknowledgement 
of the counseU Thenfoir ordaines the thesaurer and their watter bailHe 
not to suffer or permitt any to incroatch upon the saids boimdis or cast 
docks without Hcence obteind of the counsel! and to wanne aU such as 

1 Mr Archibald Johnston, Clerk to the General Assembly, and Sir Alexander Henderson 
were in London, concerned in the negotiation of the Solemn League and Covenant. Mr George 
Gillespie was also one of the Commissioners. 



OF THE BURGH OF EDINBURGH 33 

hes any shipps there bigging or repairing or shortlie hes had to the nixt 
counsell day. 

ith September 1643. 
Forsameikle as by occasioun of the absence of twa of the ministers of [Choice of new 

'^ . • r 1 ministers.] 

tliis brugh being imployed without the countrey in the effaires of the 
churche of this Kingdome as also of the paucitie of their number there being 
for the present only sex ministers for serving of sex churches for which 
caus the counsell did supplicat the general! assembUe who lies given power 
... to provyd the kirks of Edinbm-gh with thrie able weiU quahfied 
ministers with power of transport from any kirk of this Kingdome Not- 
withstanding any articles maid in the Assemblie at St Androis . . . And 
theirfoir the counsell ministers and persones of the sessiouns . . . hes 
elected M'' Robert BailUe present mmister at Glasgow ^ M"" James 
Hammiltoun minister at Dumfreis and M'' Jo° Osuald minister at Abii'dein 
for sujipUeing the vacant jilaces of the ministrie of this biurgh. . . . 

Forsameikle as it haveing pleased God to call owt of this lyfe to his ^^umi of 
immortall glorie Sir Alex"" Clerk present Provest who is to be interrd 
tomorrow eftirnoone Theirfoir it is ordained that the liaiU counsell sail 
accumpanie his corps to the Gray frears in maner following viz. the bailUes 
deane of gild and thesam-er with red gowns and the rest of the counsell 
with blak gowns and to returne from thence in dooll clocks.^ 

I5th September 1643. 
Forsameikle as the Conventioun of Estaitts laitlie conveind ^ hes thoght [Defence of 

^ the realm.] 

it expedient that this Kingdome sould be put into ane posture of defence 
and hes ordained that this brugh sould put owt with Canogaitt and Leyth 
twelff hunder men and sould appoynt their owen officeris And theirfoir 
hes elected and nominat James Rae to be Colonell to the said Regiment. 

28<A September 1643. 

Forsameikle as the counsell haveing elected James Rae to be Colonell [.^^^f"™' 
over that Regiment ordained be the Estaitts to be rigged owt for Edinbm-gh /jf ^"^^j'f^y'^ 
Leyth and Canogait And being adverteised of the imminent dainger throw 

1 Author of the Journal and Letters, principal of the College. He did not accept. See 
Letters and Journals, ii. pp. 93, 96. 

^ It is noted in Sir Thomas Hope's Diary that the Provost died on 2uil September after 
two days' illness and that he was buried in the tomb of Gilbert Primrose, his father-in-law 
(Pitcaim Anderson, Silences that Speak, p. 471). 

' See note to p. 29. One act for that pm-pose was passed on 28th July. After the 
Convention's approbation of the Solemn League and Covenant on 17th August, on the 
following day the Estates ordered proclamation raising all fencible persons. They also ordered 
a loan of 40,0001i for equipping three troops of horse and two companies of infantry. 

C 



34 



EXTRACTS FROM THE RECORDS 



[Fencible men. 



[Officers of 

Town's 

Kegiment.] 



the neir approaching of the EngUsh to the borders Theirfoir they have 
thoght good that the twelf hunder men appoynted for them be hfted up 
with dihgence As also for the fiu-therance theirof the counsel] all in ane 
voice lies elected Lieu* Colonell Andro Mylne to be Lieu* Colonell to the 
said James Rae and lies agried that the said Lieutennent Colonell sail have 
ane companie and the choosing of the officers theirof As also that the 
Major of the said regiment sail also have the electioun of the officers of 
his company and lies agried that the said Colonell and Lieu* Colonell their 
pay sail begin from the first of October nixt ... As also it is agried that 
if the saids persones sail not be payit be the Estaittis that the Tomi sail 
pay the same.^ 

2%th September 1643. 

Forsameikle as the Conventioun of the Estaittis of this Kingdome hes 
ordained all fensible persones within 16 and 60 yeiris sould provyde them- 
selffis with fowrtie dayis provisioun and with sufficient airmour of all sorts 
and to be in reddines to make their randevous qulier and quhen they sail 
be appo3Tited Theu'foir ordaines proclamatioun to pas throw this burgh 
with towck of drum commanding and chairgeing all the fensible persones 
witliin this brugh betwix 16 and 60 yeiris to be in reddines and convein in 
the Gray freir kirkyard upoun Moonday nixt at 8 liouris in the morning 
at the towck of the drum in their best airmour well provyded and furnished 
at least with such airmour as they have And in lyk maner that all the 
fensible persones in the Canogait and Pleasance and North Leytli repair 
the tyme foirsaid to [ ] well provyded in maner foirsaid And thes of 
South Leyth rejDair to [ ] the tyme foirsaid under the paines 

conteind in the proclamatioun maid be the said Conventioun of Estaitts 
theiranent.^ 

ith October 1643. 

[BaUie of N. Leith and Pleasance, Henry Bannatyne ; bailies of the Canon- 
gate, Henry Bannatyne and Henry Rae. 

Water bailie of Leith and one of the baron bailies, Jolm Pearsone ; baron 
baiUe, John Jowssie.] 

Eodem die postmeridiem. 
Electis to be captanes in the Touns Regiment quherof James Rae is 
colonell the persones underwrittin viz. Adam Rae merchand James 
Cunynghame merchand James Fairbairne goldsmith Thomas Fisher 

'■ On 26th August the Provost and bailies of Edinburgh were gi-anted authority by the 
Estates to choose their own colonels and under-officers. Similar authority was granted to 
other bodies {A.P.S. vi. p. 51). 

' See p. 33, 15th September, and note. An act of the Estates, of 18th August, laid down 
the necessary armour and equipment (ibid. p. 43). 



OF THE BURGH OF EDINBURGH 35 

tailyeour and at the earnest desjTe and recominendatioun of the Generall 
his Excellencie George Melvin. 

Qulieiras the counsell for obedience of the act of Estaitts hes appoynted [Committee, 
James Rae to be colonell to the regiment they are ordained to put furth Regiment.] 
And finding tiiat there will occure many thingis which will concerne the 
putting furth of the said regiment quhich cannot be so suddenlie exped 
as the necessitie theirof requyris Theirfoir they have appoynted . . . the 
persones underwrittin to consider treat and reasone upon all thinges that 
can be incident to the said regiment. [FoUows a list of thirteen persons and 
the colonel.] 

[Council for the year 1643-4 : Provosl, Sir John Smith ; Bailies, Thomas 
Charteris, John Bynnie, James Eilleis, Robert Mastertoun ; Dean of Gild, George 
Suittie ; Treasurer, John Fairholme ; Council, Sir WiUiam Gray, Edward Edgar, 
Robert Fleyming, John Kniblo, Archibald Sydserff, Archibald Tod, Thomas 
Moodie, John Levingstoun, John Edgar, Robert Davidsone, Thomas Patersone, 
tailor, Adam Lamb, goldsmith ; Deacons, Robert Meiklejohne, skinner, James 
Dennestoun, goldsmith, John Scott, surgeon, Michael Gibsone, tailor, Andrew 
Halyburtoun, hammerman, James Cranstoun, shoemaker ; Extraordinary deacons, 
David Pargilleis, furrier, Andrew Dalrumple, wright, John Milne, mason, James 
Byiuiie, baker, William Blythman, flesher, Patrick Coclu-ane, weaver, John 
Wawes, waulker, Francis Ker, bonnetmaker.] 

IWi October 1643. 

Ordaines Sir Harie Veyn younger and M^ Steven Marshall divyne ^ ^^^^^f^ '° "'^ 
twa of the Enghshe commissioneris to be feasted with ane deseart eftir- commis- 

^ sioners.J 

noone and to be maid bm-gessis and gildbrether. . . . 

[George Suittie and Thomas Patersone commissioners to the particular 
convention of burghs on 16"' October.] 

ISth October 1643. 

Quheras be the neglect and cairlesnes of Masteris and marineris of [Fires on .ships ] 
shipps within barberies many inconveniences does fall owt not onlie to 
themselffis and awneris bot also to otheris their nighbours tlu-ow fyre For 
preventing cpiherof in tyme coming it is statute . . . that no persone 
quhatsumevu- native nor stranger presume or tak upoun hand in any 
tyme comeing to have at any tyme be day or night within the shipps barks 
or crears within the harborie of Leyth any kynd of fyre or light under the 
paine of fyftie pundis scottis. . . . 

' These were the Commissioners of the EnglisVi Parliament, present in Edinburgh for the 
approval of the Soleinn League and Covenant. On the same day as this act the Covenant 
was signed in St Giles by the Committees of the Convention of Estates and General Assembly, 
having previously been ratified by the Estates on 17th August. The second of the two clerical 
commissioners, Philip Nye, who was unwelcome to the Scots ministers on account of his 
opinions, had returned to London. 



36 



EXTRACTS FROM THE RECORDS 



27th October 1643. 
[Banquette Forsamcikle as the comptis of William Trotter laitt thesaurer ... of 

the King.] ^ 

his debursementis upon the banquett maid to his Ma at his last entrie 
to this brugh being heard and fitted . . . his said debursementis that 
way ar fund to extend to the soume of twelff thowsand sextein pund thrie 
shilling fowr pennyes. . . .^ 

[The said treasurer's accounts for 1640-7 show a charge of 159,044" 15^ 8'^ 
and a discharge of 166,594" 17« 6'', from which 106" 13^ 4'' should be deducted 
for an annualrent unpaid to James Dalgleish. The Town therefore is due to the 
treasurer 7,549" P 10<'.] 

Eodem die postmeridiem. 
[Bread: 12'' loaf of wheat, 13 oz : 2 drops; 12'' loaf of "sour" bread, 
1 lb. 1 oz : 8 drops ; 12'' loaf of " masloch," 1 lb. 5 oz : 14 drops. 

Ale, 14"^ the pint ; double beer, 18'' the pint ; single beer, 9'' the pint.] 



[The National 
Covenant.] 



1st November 1643. 

[The council nominate M^ John Oswald, minister at Aberdeen, to the 
Presbytery as one of their ministers.] ^ 

Compeu-d James Cochrane merchand and produced the first Covenant 
which the counsell ordaines to be put up in the Charter hous. 



Gth November 1643. 

[The council, having obtained as yet only one new minister for the Town, 
with the present ministers and kirk sessions new and old, unanimously choose 
M'' WUham Strauchin, one of the ministers at Old Aberdeen to be one of the 
ordinary ministers of the burgh and order a petition to the committee of the 
General Assembly to be made with all diligence.] 



[Eegrating of 
fruit in Leith.] 



[Removal of 
middens.] 



8th November 1643. 

[Twelve women in Leith] being compleind upon for regraitting of fruitt 
and uther small forrane wair within this brugh and for forestaUing of the 
same in Leyth quhich they could not weiU denye Theirfoir the counsell 
discharges the saids persones of aU such lyk doeing in tyme cummg under 
the paine of ten pundis. 

loth November 1643. 

Statutes ... all the inhabitants of this brugh who hes any middingis 
or fulyie upon the streitts or vennells of this brugh or neir the walls theirof 
to remove the same betwix and the twentie fourt of this instant with 
certificatioun the same sail be confiscat And siclyk statutis . . . that all 

^ See Extracts, 1626-41, pp. 248, 249. - See p. 33 supra. 



OF THE BURGH OF EDINBURGH 37 

the nighbours and indwellers witliin this brugh sail carie all theu- fulyie 
to the clos heids of vennells that the same may be more conveiiientlie be 
taken away and that they put furth of theu- houses the same twyce in the 
weik upon Twysday or Fryday with certificatioun to tliem befoh whois 
dooris any sail be fund that they sail be punished in their persones and 
goodis at the discretioun of the magistratts And ordaines proclamatioun 
to pas heirupon tlu'ow this brugh be sound of drum.^ 

[The Estates during their recent meeting having ordered that a loan of 120,000 (Survey of 

taxable 

merks should be levied with 10,000" sterling, all to be paid on 2""' February, pe'rsons.] 
the share of the whole burghs is found to be 200,000 merks and 20,000", and 
that of the Town 38,331" 12^ and 5,749" 7^ The Council order the extenters to 
impose this tax on all inhabitants of the Town except the Lords of Session] And 
becaus the good Touns part is onhe payable be them for their trade and 
borrowlandis TheLrfoir ordaines the saids extentors to tak ane view and 
notice of the vahditie of illv particular persones trade be themselffis and 
siklyk of the vahditie and this last yeiris worth of ilk particular mans borrow- 
land and so to divyd the saids twa soumes amang them.^ 

22mZ November 1643. 

Appojmtis Jo" Bynnie the deane of gild and thesaurer Sh William 1,^!'"*'/,"'' 
Gray Edward Edgar to visite the wells and springs about the Town with 
the borrowloche and to report. 

2Uli November 1643. 
Forsameikle as the tyme of payment of the moneyis for the loan [valuation of 

property. 1 

appoynted be the Estaitts of this Kingdome drawis near and becaus the 
Touns pairt is imposed upon the inhabitants of this brugh for their trade 
and borrowlandis Quherwith their is many of the coUedge of Justice and 
divers uthers who hes no trade who equalhe participat with the nighbours 
in the matter of their borrowlandis And to the effect the trew vahditie 
and worth of the saids borrowlandis may be weill knowen Thairfoir they 
have elected and appoynted the persones underwrittin to try and examine 
the trew vahdite and yerrhe worth of the haill housses tenementis of landis 
and borrow ruids within and witliout this brugh and to set down the same 
in ane register be itselff with the heretours names to the end that the present 
extentors may be the better informed in laying on of the said extent.^ 

[Three officers and six others are appointed for each quarter of the Town.] 

' Such statutes were frequent and equally frequently disregarded. The first one recorded 
was in July 1505, the most recent in 1641. It was, however, in 1633 that the magistrates 
made provision for such cleaning apart from the efforts of the inhabitants themselves (Extracts, 
1626-41, p. 121). 

2 See A.P.S. vi. p. 27, 15th August 1643. ' See 10th November supra. 

c2 



38 



EXTRACTS FROM THE RECORDS 



1st December 1643. 

[The sum of 8,000 merks is to be borrowed and given to their Colonel, James 
Rae, for raising their regiment.] 



(Store of 
guupuwdcr.] 



[Cleaning of 
the streets.] 



[Differences 
between 
surgeons and 
apotliecariesv 



6th December 1643. 

Ordaines the thesaui'er to remove the Touns powder owt of the place 
quher it is presenthe lying above the west end of St GeiUs churche to the 
ile quher it wes of befoir And thereftir to lyne the said paht with daiUs 
And the haill armour to be removed therto and the passage to be maid 
to the same. . . . 

8th December 1643. 

Ordaines the Provest baillies deane of gild and thesaurer to agrie with 
Alexander Heriot in the Potterrow for ane cairt and horsses and servand 
for clenging the hie streits vennells and closses of this brugh of midcUng 
and filth for eight merks weiklie. . . .^ 

Forsameikle as it haveing come to the knowledge of the Provest baillies 
and counsell . . . that ther is divers differences liklie to aryse betwix the 
deaken and brethren of the chu-m-gians and the apothecaries of this brugli ^ 
and speciaUie anent the cureing of all kynd of woundis imposthumes ulceris 
fractures dislocatiouns canceris imbalming of dead corps applying of 
sparadraps cureing diseases of virolls and scrubies watter cankeris diseases 
of the hernias bubouns making of flebotomies applying of ventosis fomenta- 
tiouns lochleiches cautours vesicatours applying of plaisters and all other 
manuall operatiouns as ar tlioght be the saids ciiirurgians properhe to 
pertein to their ah't and yit ar usit indifferentlie be all the apothecars within 
this brugh Quherby the same is lyk to grow to ane great divisioun and rent 
among the saids chiriu-gians and apothecars Quhich the saids . . . counsell 
foirseing and willing to prevein the sanien in tyme Theirfoir they did appoynt 
certane of their number for convening befoir them the saids chhurgians 
and the saids apothecars and for trying and cognoscing quhat did properlie 
belong to the saids chirurgians Lykas the saids persones of the committee 
foirsaid compeirand declaired that they did conveyn befoir them Jo" Scott 
present deaken of the chirurgians and with him David Douglas and James 
Broun chirurgians And Patrili Hepburne Jo" Hammiltoun and William 
Castillaw apothecars and that they had mutualhe agriet and condiscendit 
that the appUcatiouns of searclothis to dead bodies . . . conteynit in their 
gift did properlie belong to the saids chirurgians and that it wes not lawful! 

' See 10th November, p. 36 supra, and note. 

* Previously the surgeons had appealed against the barbers for encroaching on their 
privileges {Extracts, 1604-26, p. 19). 



OF THE BURGH OF EDINBURGH 39 

to na apothecar nor their servandis in their names to apply the samen 
with provisioun allwayis that if the saids apothecars wes imployed by any 
to make the saids searciothis it sail be lawfull to them to make and sell 
the samen to all persones desyrous theu'of And if it soiild pleis the pairtie 
or apothecar to desyi'e any ohirurgian within this brugh to apj^ly the samen 
in that caice the said chirurgian sail be obleist to apply the samen As also 
that it wes agriet . . . that all manuall operatiouns and apphcatiouns 
about dead or living bodies of men woemen or children did properhe belong 
to the saids chirurgians. 

[The Council made a declaration confirming the above agreement and that] 
the administratioun of medicine inwardlie is not heirby forbidden to the 
saids apothecars . . . Quherunto baith the saids panties agried and 
consented. 

15th December 1643. 

[The Council, deacons and nian_y of the neighbours being assembled] [Rendezvous of 
Quheras the Estaitts of this Kingdome laitlie conveind did ordaine . . . p™sous.i 
the fourt man of all fencible persones within the Kingdome sould be in 
reddines against the day appoynted at the place of randevous furnished 
and provydit as is nrentionat in the said act under the paines contained 
in the same with the which ordinance . . . being most willing to give 
obedience to the said act and to contribute their best indeavours for 
advanceing of the j^ious intentiouns mentioned in the said act Thairfoir 
they have agried all in ane voice that the iiaill inhabitantis within this 
brugh being fensible persones betwix the age of sextie and sexten as weall 
masteris as servandis sones and prenteisses sail be enrolled as they dwell 
and that tiie fourt man of the said number sail be designed and putt furth 
be lott upon the chairges and expensis of the uther thrie It being allwayis 
lawfull that foiu* agrieing in one to put furth one upon their mutual chairges 
and expensis And ordaines proclamatioun to pas heirupon throw this 
brugh be sound of drum commanding all the saids inhabitants to repair 
to the place sail be appoynted for designeing the said fomt man at such 
tymes as they sail be requyred.^ 

20th December 1643. 

[A committee is appointed] for assisting Colonell James Rae for outreiking ^committee, 
the souldiers and for all thingis may concerne them. Regiment. i 

[It is agreed that Lieutenant Colonel Andrew Mylne shall be paid for a year 
and a day from 28th September, that he shall have a baggage horse, hke other 
Lieutenant Colonels and house rent for a year.] 

1 See p. 34 supra, 29th September. 



40 



EXTRACTS FROM THE RECORDS 



[Steeple of 
Church at the 
Tron.] 



[Repair and 
enlargemeat of 
howf.J 



[Repair of fort 
on the shore.) 



The counsel! agried with Jo° Myhie deaken of the masones for building 
the steiple of the Churche at the Trone for highting the same threttie footts 
higher nor the first agriement mth fyve wmdowis and twa dooris all of 
aisler And that betwix and Pasche nixt . . . and all to be done conforme 
to the draught and the said Jo° to acquaint the counsell befoir the last two 
courses be laid and this for the souine of twa thowsand pundis . . . and 
ordaines Master of Warks wadges to be allowed to him for his task. 

Understanding that the sea dayhe does incroatche upon the Touns 
houf in Leyth at the eist end theirof Theirfoir ordaines the thesaurer to 
caus build the same from the present standing wark northward for the 
spaice of twentie fowr fute or therby And siklyk to enlairge the west end 
of the said howff conforme to the agriement with Jo" Milne and in maner 
theirm conteind And this for the soume of twa hundreth and fourtie pundis 
scottis money. . . . 

Ordaines the thesaurer to agrie with Jo" Scott Master wright for repairing 
the breache at the fort iipon the shor for prevening of farder danger and 
to set doun the same in writt with him. . . . 



25th December 1643. 

[The CouncU, ministers and kirk sessions nominated M'' Mungo Law, one 
of the ministers at Dysart and JI"' Robert Lowrie, minister at Perth, to two of 
the vacant places of the ministry. ^ Commissioners are to be sent to each of the 
ministers.] 

21th December 1643. 

[Edward Edgar and Robert Meiklejohne commissioners to the Convention of 
Estates to be held on S''" January.] ^ 



[Merchandise 
in Bristo.l 



\2th January 1644. 

Jo° Waleoche merchand in Londoun being conveind for keipmg ane 
magasen of goodis in Bristo and there retailing the same . . . the counsell 
ordaines him to bring in the saichs goods within this brugh betwix and 
Weddensday nixt. . . . 

\^th January 1644. 

[The old dean of gild is to advance to Laurence Henriesoun, treasurer to 
the church at the Tron, 3,000 merks for the building and for payment of John 
MOnc] 

' Both men accepted the call. Mr Robert Lowrie, after the Restoration, became Dean 
of Edinburgh. 

^ The proceedings of the Convention of Estates were annulled in the first Parliament of 
Charles II. For the business transacted see A.P.S. vi. p. 60, etc. 



OF THE BURGH OF EDINBURGH 41 

2Qth January 1644. 

[Robert Flej^ming and Thomas Patersone to be commissioners to the particular 
Convention of JBurghs on 22'"i and to the Convention of Estates on 25'" of that 
month.] 1 

lull January 1644. 

[The treasurer is to borrow 10,000" for the use of the Town's regiment.] 
[Michael Achiesoun, wright, servant to Alexander Hamilton, general of the 
artillery ^ and Walter Ros, surgeon, to be burgesses gratis.] 

26<^ January 1644. 

[Thomas Dods, plumber, to be burgess for his good services done to the Town. 
He is to be excused producing armour.] 

Jon Walesche Inglishman being conveind for topping and retailing of [^Jjgj^^ 
merchandice within this brugh coufest the same Quherfoir the counsell aned.j 
unlawis him in the soume of twa hunclreth and fourtie pundis scottis. . . . 

Ordaines the present thesam'er Jo" Fairholme to pay to Jo" Halyburtoun [^chanceiior's 
the Chancellor his chalmer maill lyand in the said Jo° Halyburtouns land 
from Witsunday to Mertimes last. . . .* 

Ordaines James EiUies present baiUie to collect and ingather Colonell [Couectionof 
James Rae and Archibald Sydserff lait baiUies their restis of the extent 
of the south west quarter dureing theii- absence wdth the armie quher they 
are presentlie goeing. . . . 

'2nd February 1644. 

[A committee is to agree with Col. James Rae as to his extraordinary 
expenses.] 

[Infeftment is to be given to the ministers and kirk session of HoljToodhouse 
of three tenements in the Canongate.] 

Qth February 1644. 

Agries with Jo° Milne maissoun for bigging ane stane wall ... of [Waiis at 
tlirie fute breidth and tlu-ie elne hight above the earth with hewen cunyies 
and ane great yett on everie end jjencUt within and withowt in the best 
fashioun upon that peice of ground or waist land lyand in Leyth and 
Wilsouns wall thair And that the said Jo" sail furnishe the haill materialls 
And that for the soume of sex hunclreth pundis money And siklyk agries 
with the said Johne for the soume of twelff hunclreth pundis scottis for 
bigging of twelfF scoir futes of ane sufficient stane wall from that pairt of 

1 See A.P.S. vi. p. 73. 

=> Fifth son of Sir Thomas Hamilton of Priestfield, and brother of Thomas, first Earl of 
Haddington. He was a commander in the amiy, led by the Duke of Hamilton, in Germany 
in 1631. He died in 1649. 

3 See Extracts, 1626-41, pp. 163, 203. 



42 



EXTRACTS FROM THE RECORDS 



(Lady Tester's 
CliUTch. ] 



[Watch by 
companies,] 



the buUwarke in Leyth at the bak of Ramseyis fort ^ fowr scoir fates therof 
to be ten futes thick and the said haill wall to be the hight of fowr fute 
above ane liigh streame and eight scoir fute be eist the fowr scoir futes to 
be sex futes thick aU good and sufficient worke of the lyk hight. 

lUh February 1644. 

Forsameikle as there being offered be the Lady Yester the building of 
ane churche within this brugh and the counsell haveing sein the boundis 
pertening to Jo^ Frank lyand upon the west syd of the CoUedge Wynd 
they find the same are fitt boundis for building of the said chm-che For 
which cause the said Jo" wes content to dispone what pairt theirof the 
CounseU would desyre. [A committee was appointed to settle the site with him.] 

Mth February 1644, 

Qulieras the necessitie of the tyme requyres the magistratts soiild have 
cair of the saftie and peace of the Town committed to their change Theirfoir 
the Provest baiUies and counsell hes thoght it necessar and expedient that 
thair be ane constant watche keipit night and day within this brugh and 
for this effect They have appoynted . . . the first company of tlie north 
west quarter of this brugh to begin upon Moonday nixt and to enter to 
the court de guaird to be placed under the mercat croce at ten in the cloak 
in the morning and to abyd at the said watche till the morne thenefter at 
the same hom- And swa fm:tli dayhe and nightlie throw the rest of this 
brugh and nane to depairt thairfra befoir they be dismissed under the 
paine to be punished at the discretioun of the magistratts And becaus the 
necessitie of this tjrme is so great Theirfoir to command and chairge in 
our Soverane Lordis name and in name and behalfe of the saids Provest 
baiUies and counsell . . . that all the burgessis within this brugh without 
exceptioun of any be cairfuU to keip the said watche weell prepaned and 
furnished with muskett powder ball and matche and siklyk airmour and 
furnitour dayUe and nighthe as they ar waunet under the said pame. 



[Contribution 
for building 
Ciiurches.] 



26<7i February 1644. 

[An agreement is reached with Andrew Daw, skinner, for the yard belonging 
to his wife on the west side of the High School, on which to build Lady Yester's 
church.] 

28<A February 1644. 

The counsell considering the estaitt of Patrik Forbes merchand who 
haveing offered to the building of the chiu-ches the soume of thrie himdreth 
' Ramsay's fort lay beside the Kings' Wark. 



OF THE BURGH OF EDINBURGH 43 

piinds and finding his present conditioun not to be equivalent to tlie tyme 
of his offer Theii'foir they have agried witli him being present that if he 
sail pay the soume of twa hundreth merks the half at Witsunday nixt 
and the uther at Mertimes therefter And if he saU failyie of thankfull 
payment at the termes foii'said then the first offer to stand. 

1st March 1644. 

[The names of the persons admitted burgesses and gildbrethren recently [New 
are to be inserted in the locked l^ook], viz : — Sir Harry Vayn, M'' Marshell, ^"^''''^''^' 
Rf BouUs and William Bond, commissioners from the Enghsli Parhament/ 
burgesses and gildbrethren ; Henry Ros, servant to Su- William Armine, 
John Watts and John Farding, servants to Sir Harry Vayn, John Moyses, 
servant to Sir William Armine, Phihii Starky steward to the saids com- 
missioners Johne Hammond servant to M'' Marshell Alex'' Hog servand to 
Sir Williame Armyne and Francis Thomsoun servand to Master Nye to 
be burgessis upon the 14 of October last. As also upon the sext of Januar 
last Colonell Andi'ew Milne Robert Logane Major to Colonel) James Rae 
and Alex'' Sterling captane lieutennent to the said Colonell Rae wer admitted 
burgessis and gild brethren in coimnuni forma. Item upon the 23 of Januar 
last Sir Patrik Hamnidtoun of Little Prestoun fourt lawfull sone to umquhile 
Thomas HammLltoun of Preistfeild and Alex^ Hammiltoun generall of the 
artillerie fyft lawfull sone to the said umquliile Thomas wer maid burgesses 
and gildbrether be right of their said father and payit xxxiij^ iiij*' and 
watches xxiiij^ And the same day Thomas Hammiltoun lawfull sone to 
umquhile Sir Alex^ Hammiltoun of Ballincreiff and heutennent Colonell 
Andro Hammiltoun his brother wer maid burgesses and gildbrether of 
this burgh gratis. ... 

It is thoght fitt and expedient that na persone nor indwelleris within (Prohibition of 
this brugh sail sell any amies or ammunitioun or furnitom- of warre to '**'^° '"^°^' 
any persones quhomsoevtr dwelhng without tliis brugh without ane warrand 
or licence obteind from the magistratts of this brugh to that effect under 
the paine of . . . confiscatioun of the amies and ammunitioun foirsaid or 
pryce therof and los of their Ubertie and punishment of their persones. . . . 

Qth March 1644. 

The counseU discharges all burgesses to sell any wair or merchandice (Limitation of 
to any unfrieman above the quantitie what ane may carie upon their bak unfre°emeii.']^ '° 
under the paine of deprivatioun of then' libertie confornie to ane act of 
borrowis maid at the last General Conventioun of borrowis halden at 
Dumbartan. . . . 

1 See 13th October 1643, p. 35. 



44 



EXTRACTS FROM THE RECORDS 



[Increase of 
extent.] 



[Arms from 
Magazine to be 
replaced.] 



[New 
ministers.] 



8th March 1644. 

The counsell considering that they have bein necessitat to advance 
ane great pairt of their loane money and to borrow the same upon interest 
Theirfoir ordaines the extentors of this brugh to add ane halff yeirs interest 
to the totall soume for which they are ordained to extent the inhabitants. . . . 

Forsameikle as George Suittie dean of gild . . . delyverit owt of the 
Touns magazen of their airmour Twa hunch'eth twentie sex muskitts and 
als many bandohers to the present Armie at nyne pund the peice . . . 
As also delyverit to them twa hundreth twentie fowr picks at fowr 
merks the peice quheirof he . . . resaved payment . . . with the which 
soumes of money they ordaine the said George Suittie to be charged in 
his comptis and the same soumes to be allowed to the thesaurer in his 
comptis of the monejas borrowed for outrigging of the Touns Regiment 
As also ordaines the said George Suittie to wryt over to the Low Countreyis 
for twa hmidreth and fyftie muskets aU of one boh- for furnising agane 
of the said Magazen ^ . . . and ordaines him to buy als many picks at 
home. . . . 

20th March 1644. 

Grants presentatioun to M"" Mungo Law and M^ Robert Lowrie elected 
to be ministers of this brugh to be twa ordinar ministers. ... [A committee 
is appointed to present them to the presbytery.] ^ 



29th March 1644. 

[A further sum of 4,000 merks is borrowed for the building of the church 
of the Tron. 

The dean of gild is to receive 60 muskets from John Twedie and to pay 9" 
apiece for them.] 

5th April 1644. 

[Sir John Smyth and Thomas Patersoun commissioners to the Convention 
of Estates on the 10"" of that month.] 



[Shoes for 

Town's 

Regiment.] 



lOth April 1644. 

Ordaines the thesaurer ... to furneis Archibald Sydserff and Robert 
Meiklejohne with moneyis for buying of eight hundreth pair of shoes for 
the Touns Regiment presenthe in England. . . . ^ 

• The Estates on 6th January had agreed to refrain from levying any customs on imported 
arms (A.P.S. vi. p. 64). 

2 See 25th December 1643, p. 40 supra. 

' The English Commissioners to the Estates had, on 24th August 1643, signified that 
the English Parliament desired that the forces from Scotland " against the papists, prelaticall 
faction and their adherentes now in arms" should be 10,000 foot and 1,000 horse at the least 
with a train of artillery. These were to be paid by the English Parliament according to the 



OF THE BURGH OF EDINBURGH 45 

17th April 1644. 

Nominats George Walker merchand to be Captane of the companie [.^^''f*,^'"^"/^^^ 
of the commanclit men who sail be commandit to marche whither the ^ Town's 

Regiment.] 

said companie sail resave warrand. . . . 

Compeu-d James Guthrie oversier of the Touns warks and producit [^^^j%t„] 
ane accompt of the Touiiis ledderis and hooks and drums . . . quherof 
the tenour foUowis. . . . Imprimis at the weyhous twa ladders and twa 
great hooks lockit there. Item in the banket hous 4 ladders and 2 great 
hooks. Item in the guairdhous twa ledders. Item in the Societie ane 
ledder lying there for the use of the warke. Item in the meil mercat ane 
great lang ladder. Item in St Geillie Grange ane great lang ledder pertening 
to the Toun not broglit in as yet. Item in Sir Thomas Houps hows ane 
ledder. Item at Jo" Ronnalds hows ane ledder. Item hinging in the 
banquet hous fowi- scoir eleven lether buckets. Item hinging there ten 
drums. Item tlu'ee drums lent to Colonell Rae. 

[The bargain with the Earl of Roxburgh anent Broughton being complete, 
his bond is to be restored to him.] ^ 

l^th April 1644. 

[The sum of 2,000 merks is to be borrowed to equip the new company raised 
at the desire of the Estates, of which George Walker is captam.] 

Agries with Jo° Scott master wright for making and furnishing ane ^|g^p°°ta2d 
port to the west port of aiken timber ... in all thingis except bands ^° j^^^'^y ^^^ 
locks and slotts which ar to be furnished be the thesam-er the said port 
to be lyk to the Nether bow port as lykwayis for furnishing ane new gate 
in Leith Wynd to the muck port to lie of doiible plankis of aik sufficienthe 
naiUed for the soume of seven hunch-eth merks to be perfyted with all 
diligence. 

2Uh April 1644. 

Ordanes James AUsone thesaurer to Heriots Hospitall to demolishe so [Entrance 

, TT • -Hi- through Wall 

much of the Town wall lyand forgains and benorth Henots hospitall tor to Heriot's 

1 1 ■ T • T 1 7 Hospital.) 

to be ane entrie to the said hospitall as the same hes beni designed be the 
counseU being upon the ground of the land. . . . 

[Thomas Raeny, merchant, is fined 500 merks for retailing French and Spanish 
wine without a licence. The money is to be given towards the buOdmg of the 
church at the Tron.] 

establishment agreed upon for the Scottish army in Ireland. Should need arise in Scotland, 
the English Commissioners promised similar aid. The Scottish army under the Earl of 
Leven had entered England on 19th January 1644. By this time the army was encamped 
before Newcastle. 

' See Extracts, 1626-41, pp. 178, 180, 181 and Appendix xviii. 



46 EXTRACTS FROM THE RECORDS 

2Uh April 1644. 
[captam of Forsamcikle as James Jo°stoun maltman in Leyth being elected be 

Leith company *^ ® 

dismissed.] tlie counscU to be ane of their orclinar Captanes in Leyth Qiilierin at his 
admissioun he wes sworne to earie himselff dewtifuUie and quyethe and 
to governe his companie in an sober and peaceable way Notwithstanding 
qulierof lie is fimd to be contentions and ane who be all meanes lies preased 
to divert the wholl vassalls of Leyth from their dewtie to their siiperiours 
not onUe in particular concerning their dewtie and obedience to their 
superiours bot also in matters concerning the publict of the countrey. 
[For which reason he is dismissed and forbidden to meddle between vassals and 
superiors under paui of 500 merks.] 

1st May 1644. 

[The baUies are to pay to Robert Stark, Commissary Clerk depute the sum 
of ten dollars for his work in looking up the various legacies to the College, 
ministers, hospital or cluu-ches during the past five or six years. He is to inform 
the Council of any other legacies, which come to his knowledge, for whicli work 
he will be paid 20".] 

[Proclamation Forsameikle as the Counsell haveing divers tymes of befoir forbidden 

the abuse of the weiring of plaidis about and over woemens heids Quherby 
commoun strumpets whores and all other lewd woemen has so bein in use 
to cover their faces that they might not bein decernd from honest woemen 
Quherby woemen who have bein banisht this brngli for their lewdnes 
could not be distinguished from uther honest persones [Therefore proclama- 
tion is to be made renewing the order that none wear plaids over their heads in 
churches, streets or vennels under pam of being reputed mfamous persons and 
of confiscation of their plaids by any person who can seize the same. And that 
person, on bringmg the plaid to any magistrate, will receive 12^.] ^ 

22nd May 1644. 

[Sir John Smyth and Robert Meiklejohne commissioners to the Convention 
of Estates on the 24th of the month and to the Parhament on 4th June.] ^ 

2^rd May 1644. 

[Archibald SydserfF and Thomas Patersone commissioners to the General 
Assembly on 29"" May ; M"' Jolin Sharp, professor of divmity, commissioner to 
the same from the College.] 

1 Similar proclamations had been made in 1628, 1631, 1633, 1637 and 1641 (see Extracts, 
1626-41). 

- A new Parliament met on 4th June, as appointed by the last Parliament held by Charles I 
in 1641. See p. 29 supra, note 2, as to the intervening Convention of Estates. When it 
assembled. Lord Balmerino, President in the last Parliament, enquired if there were present 
any Commissioner from the King, " And none answered." The Parliament, however, was 
valid, though the General Act Recissory of 1661 annulled its proceedings. It lasted till 1647 
and was prorogued five times. 



OF THE BURGH OF EDINBURGH 47 

24:th May 1644. 
Forsameikle as James Dalgleishe merchand burges of this brugh being [Legacy for 
piouslie inclyned ... to set forward the poor who ar halden bak throw of theology.] 
povertie from the benefite of good learning quherby both Kirk and commoun- 
weill doeth floorishe Thaufoir he lies mortified the soume of fowr thowsand 
merks the profite and aimueh-ent of the said soume ... to be imployed 
for interteinment of thrie bursars students in theologie according to the 
doctrine presenthe profest in tlie Kirk of Scotland quhilks failyeing to 
thrie bursaris within the colledge of Ed^ viz : to the first of the saids bursaris 
fourscoii- pundis and to the second fowrscoir pundis and to the thrid fowrscoir 
merks . . . Quhilks bursaris sail be presented be the said James dureing 
his lyftyme and efter his deceis be M^ Thomas Aikinheid ane of the Com- 
missars of Edr M'' WilUam Dalgleish minister at Crawmound and M^ Robert 
Dalgleish conjointlie and that for all and haill the spaice of ten yeiris and 
after the expyring of the saids yeiris the presentatioun to belong to the 
Provest baillies and counsell of this brugh And that the said soume may 
still be imployed and not lye idle or unprofitable in any tyme herefter 
quhilk God forbid Theirfoir incaice it sail happen that the samen be innovat 
ather be reasone that their sail be na bursaris students in theologie within 
the said Colledge or upoun some uther godlie and rehgious consideratioun 
tending to the glorie of God the propagatioun of the trew rehgioun presenthe 
profest and advancement of learning that the samen change or innovatioun 
sail be the speciall advyce of the said James in his owen lyftyme or by 
the saids persones above mentionat conjuncthe and severalhe to the effect 
that they may sie the samen soume of new imployed againe for pious and 
religious uses. . . . 

28th May 1644. 

[George Suittie and Thomas Patersoun commissioners to the Convention of 
Burghs at Ivirkcaldy in July.] 

1th June 1644. 

Ordaines the dean of gild and thesaurer to send away the powder quhilk [Gunpowder.] 
lyes above the Kirk to Holland and to caus revive the same and to bring 
the same home againe. . . . 

2lst June 1644. 

CaUins to mynd that their last commissioners to the General conventioun [Acts of the 

6 J . . Conventiou of 

halden at the brugh of Dumbartan in July 1643 had lawfulhe mtmiat to Burghs.] 
them the haill actis of Borrowis maid in the said last generall conventioun 
and specialHe the particular actis underwrittin viz : the act maid formerlie 
ordaineing ilk brugh to report their dihgence in writt in dischargeing and 



48 EXTRACTS FROM THE RECORDS 

punishing of all regraters foirstaUeris within their liberties and saillers 
without tickettis. 

Item the thrid act of the said Conventioun anent commissioneris to Parlia- 
ments Conventiouns of Estaitts generall or particular meittings of borrowis 
and anent the quaUtie of the persones chosen to be commissioners to the 
saids conventiouns and dischargeing of commissioners to depairt befoir 
the dissolvmg of the said Conventioun or substituting of uthers in their 
places dureing the tyme of the said meittingis. . . . 

Item the tent act . . . anent the extracting and intimating of King David 
his generall Chartour grauntit to the borrowis conforme to the said 
tent act.i 

Item the elevent act . . . defyning the weight of the tun of merchandize 
what the same sould wey. . . . 

Item the tlurettein act . . . dischargeing all burgessis for buying of any 
forrane wair without the knowledge and consent of the magistrattes and 
counsell of the brugh under the paines therin contenit. 

Item the 23 act . . . ordaineing all brughis to be governed in matters 
civill and politicall be the Magistratts and counsell of the brugh and nane 
to separat from them under the paines contenit in the said act. 
Item the 24 act . . . dischairgeing burgesis from selling to unfriemen at 
one tyme above the quantitie of merchandice quliilk one may carie easilie 
upon thair bak . . . under the paines therein contenit. 
Item the 14 act . . . anent the executing of the acts of ParUament anent 
the hame bringeris of strong watteris. . . . ^ 

Item the 40 act . . . ordaineing ilk brugh to dischairge their nighbom's 
from anticipating and foirstalling of the mercattis of the North. . . . 
QuhUks several! actis we the Pro vest bailhes and counsell . . . does 
testifie and declair that the same wes lawfuUie intimat to us Lykas also 
we declair and testifie that Me have lawfuUie and legaUie intimat the samen 
to our nighbours and as occasioun lies offerit hes lawfuUie execut the 
same. . . . 

Ordaines the dean of gild of the redcUest moneyis in his handis resaved 
be him for the amies of thes who ar admitted burgesis and gUdbrether . . . 
to buy ane hundreth muskets aU of ane boir and excys quher he may best 
have the same ather without or within the countrey and to put up the 
same in the Touns magasen hows. 

Considering that their is many great and heavie burdens lying upon the 
nighbours of this brugh and for uther causes and consideratiouns moveing 

1 See Extracts, 1604-26, p. 3. 

2 The Abstract of missing acts of the Convention of Burghs notes merely an act dis- 
charging the inbringing of strong waters, but under no date (vol. iv. p. 547). No Act of 
Parliament regarding strong waters or aquavits seems to be recorded till a much later date. 



OF THE BURGH OF EDINBURGH 49 

them hes dispensit from reteining the retentioun money from the iiighbours 
and others of the soumes of money borrowed be the good Toun from them 
and ordaines the thesaurer to pay them then: full annuelrents. . . . 

26th June 1644. 
Ordaines Jo° Binnie kirk thesaurer to pay to M^ Massie preacher for [Payment to 

'^ English 

his service in the North west parochin the soume of sex hundreth merks. preacher.] 

5th July 1644. 

Robert Grant keiper of the leid ure hows in Leyth being conveynit {^'jr^^^j^^gg^fj^ 
for weying of merchand commodities in Leyth qiiliilk belongis to the L«thl 
weyhous confest the same Quherfoir the said Robert Graunt actis himselff 
. . . that he saU not be fund weying any sort of commoditie within Leyth 
or leid m-e hows in any tynie cuming and that under paine of punishment 
of his persone and warding at the sicht of the counsell nor sail len his 
weightis to wey anything in na tyme heirefter. 

12th July 1644. 
Compeird Charles Earle of Dunfermhng and haveing appropriat to his [Scat of Eari of 

^ " 1111- r'unfcrmhiie in 

umquhile father and to his laclie ane seatt in the great churche and desyrit «t cues.] 
ane new seatt into the eist churche and for him and his aires renounced 
the former seatt disponed to his umquhile father. . . . 

The Provest baiUies and counseU in remembrance of the former good 
ofi&ces done be his umquhile father hes grantit and disponit ... to the 
said Noble Earle Charles Earle of Dunfermhng and his aires maill That 
first seatt in the east chm-che lyand foirgainst the pulpitt under the Provests 
loft in all tyme comeing and binds . . . them to beatt repair and intertein 
the same for the said effect.^ 

26th July 1644. 
Ordaines ane declaratioun to be maid and subscryvit be the Provest [EarWom of 

": Orkncv.] 

and bailhes and their clerk in favours of the Earle of Mortoun anent the 
Earledome of Orkney and quhich declaratioun wes read and heard in 
presence of the counsel!.^ 

1 See Extracts, 1604-26, p. 142, recording the grant of the seat to Alexander, Earl of 
Dunfermline. 

' In 1643 the lands of tlie earldom of Orkney were granted by King Charles in mortgage 
to William, Earl of Morton, redeemable by the Crown in paynient of an alleged debt of £30,000. 
See A.P.S. vi. (1), p. 277, for the text of the above declaration. 

D 



50 



EXTRACTS FROM THE RECORDS 



ilst July 1644. 
[The college accounts for the years 1639-44 are heard and passed.] 



[Markets near 
Town.] 



2nd August 1644. 

Compeird M'' Michael Scott and acted himseUf of his owen consent not 
to frequent any mercatt neir or within twentie myll of the hows of the 
muire quhich ar not allowed be the lawis of the Kingdome and especiaUie 
the bridgehows knowis except the said hows of the muire or west port of 
Edr under the paine of fourtie pundis. . . . 



[Regent in 
College.] 



1th August 1644. 

[The factor of John, Earl of Mar, paid to the masters of S' Paul's Work the 
sum of 4,000 merks, due by the said Earl to the Town, with the annuaLrent.] ^ 

Compeirit M"^ Alex"" Hepburne ane of the Regentis of King James CoUedge 
. . . and dimittit his place ... in my lord Provestis hands for himselfF 
and in name of the counsell.^ 



2\st August 1644. 

Precept for Ordaines the bailhes furth of the reddiest of the moneyis in thair handis 

James Rae° to pay to Janies Rae the Touns colonell the soume of twa thowsand merkis 
and the same sail be allowit in thair comptis. 



Kirk at the 
Trone. 



Bill of health. 



2Zrd August 1644. 

Ordaines band to be given to Laurence Hendersone for the soume of 
twa thowsand merkis Scottis money advanced be him towards the building 
of the churche at the Trone. . . . 

[Accounts of the treasurer to the kirk sessions : charge 27,897" 3' S'^, 
discharge, 27,853" 3^ 91.] 

2Uh August 1644. 

Graunts biU of health to James Colquhoun merchand testifieng that he 
lies shipped in the guid shipp callit the Blessing of Bruntiland quherof 
Patrik Ged is master certane merchand commodities consisting of hnoun 
and wollen cloath pertening to liim and certane uther merchand nighbouris 
from Leyth to Cadize in South Spaine and testifieng that the countrey is 
frie of contagioun praised be God. ... * 

' See 23rd December 1642 (p. 20 supra). 

- See 10th October 1631 {Extracts, 1626-41, p. 99). See also Crawfurd (p. 146) who states 
that Hepburne resigned to retire into private life. This act ends the fifteenth volume of tlie 
Coimcil Records. 

^ See p. 3 supra. 



OF THE BURGH OF EDINBURGH 51 

Ordaines the thesaurer to put up thrie new timber ravillis in the same iTimi.'cr 

ravillis.] 

places quher the auld ravillis wer befoir betwix Lejrfch Wynd fute and the 
gallowes. . . . 

Admitts and resaves M"" Alex^ Moriesone to be ane vulgar scholl master [Vuigar schooi- 

^ . , J, master.] 

within this burgh dureing the counsellis will for learning and teaching of 
young children with provisioun and under conditioun that he obey the 
injunctiouns set doun and to be set doun to him and with provisioun that 
he serve in taking up of the psalmes and reading of the prayeris in any of 
the kirkis of the burgh quhen he sail be desja-it be the magistratts of the 
burgh for that effect. 

30th August 1644. 

the sessioun of the 
churche Jo° Bynnie, Ar'' Tod and Robei't Meiklejohne.^ 



Appojmtis to speak with the sessioun of the Canogait for a seatt in that [Seatt Abbey 



2nd September 1644. 
Forsameikle as the counsell are informed of the neir approaching of For sending of 

iT-i • !»• IP-Til 1*1 • 1 1 11 thrie companies 

the Enemie towards tins syd oi J^ orth upon which motive they have thoght owt of 

, , , n 1- 11 1 1 • • r 1-1 1 1 Kdinliurgh 

good that the passage at feterhng sail be keipit tor which caus they have Leyth and 
appoynted thrie companies to pas from hence viz. that companie of the 
south west quarter of this brugli under the command of James Barnis and 
Jo" Twedie ane companie of Leyth under the command of James Crawfuird 
and that companie of the baronie of Broghtoun under the command of 
Jo" Patersone Theirfoir ordaines the inhabitants of the said quarter and 
under the command of the saidis utheris commanders to be wairned and 
certified heirof under the paine of lossing of their hbertie if they be friemen 
and under paine of banishing this brugli if they be unfrie and farder punish- 
ment of theii' persones at the will of the magistrat and this with sound 
of drum to be proclamed throw this brugh And siklyk ordaines the 
inhabitantis in Leyth under the commandement of Captan James Crawfuird 
to be in reddines to marche the morne at seven a cloak in the morning 
in Logans Ley reddie to marche under the paine of death as also thes under 
the commandement of Jo" Pattersone in the Canogait to repau" at seven a 
cloak in the morning in the Colledge churcheyaird reddie to marche whither 
they sail be commandit under the paine of death. ^ 

1 The seat was for the Town Council as superiors of the Canongate. 

- On Sunday, 1st September, Montrose had defeated the Covenanting army at Tippermuir 
and had occupied Perth without opposition. The Council could not yet know that he was to 
abandon the plan of an attack on Dundee and again make for the North. See Appendix i. 



52 



EXTRACTS FROM THE RECORDS 



11th September 1644. 
o«-treik of the ForsameikUc as the baillies at command of the counsel! hes payit for 

thne companies ^ *^ 

to sterung. owtreiking the tlu-ie companies quhich laithe wer sent to Stu-hng the 
soume of nyne hundredth dolleris Thekfoir the counsel! ordaines the same 
to be allowed in their comptis of the extent money. 

[M'' David BasOlie, minister at Corstorphine, for good services done and to 
be done, is granted an iacrease of 100 merks a year.] ^ 

IZth September 1644. 

[Biu of Health.) Grantis biU of health to James WiUde merchand testifieng that he hes 
shipped in the good sliipp caUit the Margaret of Leith towards Cadiz in 
South Spaine certane wax hning linappald and dailhs and tliat ther is 
twentie fowr persounes pairtlie mercliandis pau'the marineris and that the 
countrey is frie of the contagioun Praised be God. 

Ordaines Jo° Bynnie bailhe to give to M'' Massie for his paines in 
preaching within this brugla the soume of ane hundreth dolleris. 

IWi September 1644. 

[BUI of Health] Grauuts bill of health to Ninian Williamsone merchand testifieng that 
he and his pairtneris bm'gesis of this brugli lies sliippit in the scliipp of 
Brunt Hand called the Amitie of Brunt Hand quherof Patrili Angus is 
master certane wax Scottis linain knappald and baises to be transported 
to Cadiz in South Spaine from Leith and that ther is tlu'ettie persones 
pairtlie merchandis and pairtUe marmaris and that the countrejds frie of 
the contagioun the suppUcant preving. 



Testiflcat 
Alexr Clerk 
tailyeor of 
Monsieur de 
Beavisones 
compt. 



25«A September 1644. 

Graimts testificat to Alex^ Clerk tailyeour testifieng that he hes furnished 
to Monsieur de Beruvisone certane merchandice extending to the soume 
of fourten hvincketh pund Scottis in merchandice . . . the said Alex' 
deponing in presence of ane bailhe upon the veritie of his comptis. 

Grants testificat to Ahsone Cowan rehct of umquhile Patrik Cowan 
tailyeour for furnishing as unto Alex'' Clerk. 



'ind October 1644. 

[Loan.) Forsameikle as the haill extent moneyis of the loan money is not yit 

fulhe uplifted and the Collector generall and his deputtis urges the payment 
therof and Jo° Bynnie kirk thesaiu'er haveing lyand besyd him certane 

^ See p. 12 supra. 



OF THE BURGH OF EDINBURGH 53 

soumes of money unprofitable Theirfoir ordaines the said Jo° Bynnie to 
advance the soume of sex thowsand merkis for compleitting of what is 
dew to the said Collector and ordaines the bailhes uptakeris of the said 
taxt to repay the said soume to the said Johne furth of the reddiest of the 
said extent money betwix and Mer times nixt preciseUe. 

[Water bailie of Leith, James Rucheid ; Baron bailies, James Rucheid and 
John Acbiistoun ; Bailie of North Leith and Pleasance, Henry Bannatyne ; 
Bailies of Canoyigatc, Henry Bannatyne and Harry Rae. 

Council for 1644-5 : Provost, Sir Jolni Smyth ; Bailies, Andrew Symsoun, 
Robert Achiesoun, John Ingles, George Waker ; Dea7i of Gild, George Siiittie ; 
Treasurer, John Fairholme ; Councillors, Sir Wilham Gray, Thomas Charteris, 
John Bymiie, James EiUies, Robert Maistertoun, Peter Blaikburne, Thomas 
Miidie, Robert Sandilandis, Patrik Thomsone, Thomas Calderwood, Patrick 
Grahame, skimier, Thomas Halyburtoun, shoemaker ; Deacons, Robert Mackean, 
skinner, Adam Lamb, goldsmith, Alexander Pennycuik, surgeon, Gilbert 
SommerveU, tailor, Thomas Ingles, pewterer, James Broun, shoemaker ; Extra- 
ordinary Deacons, Thomas SommerveU, furrier, Andrew Dahumple, wright, 
Robert Prestoun, mason, Patrick Stenhops, baker, WUham Blythman, flesher, 
William Sklaitter, weaver, John Wanes, waulker, Robert Lauchlane, bomiet- 
maker.] 

9th October 1644. 

Graunts bill of health to David Wilkie testifieing that he lies shipped [bhi of Health.; 
in the good shipp called the [ ] Quensferrie quherof George 

Prestoun is master certane wax Scottis linoun and red herring at Leyth 
to be transported to Cadiz in South Spaine and that their is twentie four 
persones or theu-by pairthe nierciiandis pahtlie marineris and that the 
countrey is frie Praised be God of the pest. 

12th October 1644. 

[A legacy is left by Anchew Beattie, tailor, subject to the liferent of his widow 
Alison Skirvmg, amounting to 2,000 raerks, wliereof 1,000 mcrks for a bursar 
in tlie College, 500 merks for relief of the Common Good and 500 merks to 
the churches of the Burgh. Alison Skirving having assigned to the Council 
bonds to the above amount, they agree to pay her at the rate of 8 per cent, 
viz. 187 merks.] 

nth October 1644. 
Forsameikle as the Provest bailhes and Counsell being oftymes put to [Preacher 

during 

provyde then- pulpitis upon ane sudden throw the absence of some of then- vacancies.] 
ministeris be the pubhc imployment of the Churche of this kingdome for 
ciuhich cans they have maid choyce of M"" Robert Young regent for the 
present in King James his Colledge ^ to preaclie as he sail be requyiit be 

1 Jlr Robert Youiig liad been appointed regent of Humanity in 1638. 

d2 



54 



EXTRACTS FROM THE RECORDS 



the Provest or any ane of the bailhes ilk Sunday eftirnoone for the space 
of fowr or fyve years or longer as the counseU sail think expedient For which 
caus the counsell graunts unto iiim dureing his service the soume of ane 
thowsand merkis Scottis yeirhe. . . . 

[M' Robert Young resigns his place as regent.] 
[College.] Electis M'' WilHam Twedie ane of the Regentis of the old coUedge of 

yt Androis to be ane regent now in King James Colledge of Philosophie in 
place of M'' Alex'' Hepburne who laithe dimitted liis place there. . . .^ 

I8th October 1644. 

[A committee is appointed tor inspectiag the churches of each parish and 
settling the seats. 

Commissioners are apjjomted lor the election of a regent of humanity.] 



[Bill of Health. 



[Church at the 
Troll.] 



[BillofUealth.' 



[Copper for 
Church roof.] 



25th October 1644. 

Grants bill of health to Jo" Halyburtoun merchand testifieing that he 
lies shipped aboard in the good shipp caUit the Elizabeth of Queensferrie 
quherof James Hall is master certane merchandice consisting of walx 
Scottis lyning and knappald at Leyth to be transported to Cadiz in South 
Spaine and that there is twentie fowr persones or therby pahthe merchands 
and pairthe marineris and that this countrey is frie of plague and j^estUence 
Praised be God. 

26th October 1644. 

Agries to theik the kkk at the Trone with copper and for that effect 
ordaines to send to Hambrugh or Amsterdam for copper quher the same 
may be had cheapest and maist convenient. . . . 

1st November 1644. 

Grants bill of health to Jo° SommerveU merchand testifieing that he 
hes shiiDpit aboard of the good shipj] calht the Johne of Leyth quherof 
WiUian Hagie is master certane merchand commodities consistmg of walx 
Scottis lyning knappald and pypstaves at Leyth to be transported to 
Cadiz in South Sjiaine and that ther is twentie persones pairthe merchandis 
and pairthe marineris and that the saidis persones and guidis ar frie of the 
plague and pestilence Praised be God. 

8th November 1644. 

Ordaines Sir Wilham Gray to wryt to James Red merchand in Amsterdam 
to buy for covering with plaitt copper the churche at the Trone of the 

'■ See p. 50 supra. 



OF THE BURGH OF EDINBURGH 55 

thicknes conforme to the patterne to be direct to the said James to the 
number of ane thowsand stane of copper and to give him assiureance of 
repayment of what soumes of money he sail advance theranent.^ 

[M'' James Pillouns, student, was elected regent of liumanity by the com- 
missioners appointed thereto.] 

Forsameikle as the counsell finding the nighbouris to be destitut of ane [Drm-master.] 
ch-eill master and wauch master for attending the nightUe watches and uther 
exercises neidfull of amies in such an exigence of tyme as the publict 
necessitie of the Toun requyres and the counsell finding it ane necessitie to 
provyd ane sufficient and skilfuU man for that place and knowing of the 
abilitie and quahficatioun of Johne Tarbett brodinstar to discharge the 
said place Theirfoir they have elected nominat and admitted the said Johne 
to the said place dureing the counselhs will . . . Lykas the counsell promitts 
unto him monethhe for liis service the soume of f3rftie merkis Scottis from 
the first of November instant. 

13th November 1644. 

[The Council, extraordinary deacons and forty-four neighbours] ordaines K'onyention of 
their clerk to caus wairne the haill burrowis for meitting at this brugh the 
last day of December nixt with continuatioun of dayls and appoyntis their 
meitting to be there conforme to the act of burrowis maid in the conventioun 
at Kirkaldie last quheranent thir presentis sail be his warrand. 

Forsameikle as the Provest baiUies and counsall considdering the many committee 
dangeris this toun and inhabitants therof ar exposed unto throw the prevening the 

, n 1 *iTpr •• dangers of the 

calamities of the present tynies especialhe tor any torrane or mtestme calamitous 
invasion!! and that it is incumbent to them to fou-sie the sameii and to 
prevein the same be all the lawfull wayis can ly in thair power Theirfoir 
they have thoght nieitt and expedient to appoynt ane certane number of 
the present counsell with ane number of the most wys circumspect and 
discreit men within this brugh to meitt and to convein be themselffis and 
to consult and deUberat upon all such thingis as may be incident in such 
a calamitous tyme and to lay down all the wayis they can find owt or think 
upoun for prevening the saidis calamities quherunto they may be subject. 
[For which purpose a committee of nineteen persons, including one baillie, the 
dean of gild and treasurer, or any nme of them, including the last three.] ^ 

• See preceding page, 26th October. 

^ The Town was really safe enough from Montrose and the Royalists, who were on 
Speyside. Perhaps a rumour hatl come of his proposal for a tlescent on the Lowlands, which 
came to nothing owing to the objections of his Highland anfl Lowland troops. The act is a 
testimony of the terror inspired by the King's Lieutenant-General in Scotland, even while 
Argyle and his army lay between him and the Lowlands. 



56 EXTRACTS FROM THE RECORDS 

29th November 1644. 

[Correction The Couiisell electis and nominattis Robert Staiifeild sone to umquhile 

William Stanfeild to be Master of the Correctioun hows at the fute of Leyth 
Wynd in place of the said umquhile WUUam laitt Master therof. . . . 

Uh December 1644. 

[Merkpertun [The Coimcil and fifty-six neighbours bemg met m council] forsameikle as 

an pac ^^^ Provest baiUies and counsell of this brugh haveing purchast and obteind 

of the Kings Majestie for advancement and perfyiing of certane pious 
workes erected within this brugh twa severall gifts for one effect viz. for 
uplifting of 1.3^ 4'' of ilk tun and pack of goodis imported be quhatsumevir 
merchandis burgessis and inhabitantis within this brugh and be quhatsum- 
evir uther persones natives or strangeris alsweill dwelhng as not dweUing 
within this brugh of quhatsumevir natioun within the boundis of Scotland 
ather be sea or land exported and imported witliin the said brugh tounes 
of Leyth and Newhaven or within any pairtis within the Kberties of the 
said brugh and pairtis of Leyth and Newhaven ^ With power to the saidis 
Provest baillies counsell and commountie and their successoris their factoris 
and servitouris in their names to seik exact uplift and resave in aU tyme 
cuming the soume of thretten shiUingis fowT pennyes of everie tun and 
pack of goodis imported be quhatsumevir merchancUs burgessis inhabitantis 
within this brugh and be quhatsumevir persounes natives and strangeris 
alsweill dweUing as not dwelhng within this brugh of quhatsumevir natioun 
owtwith the boundis of Scotland and whither be sea or land exported and 
imported to and within this brugh tounes of Leyi:h and Newhaven siklyk 
and als friehe in all respectis as they wer in use to uphft any uthir custome 
within tliis brugh and priviledgis therof as the saidis giftis in themselffis 
mail' fullie proportis And becaus the exactioun of the said merk upon the 
said tun and pack lies not bein so universaUie hfted as the saidis giftis did 
prescryr'e bot that uthir merchandis not inhabitantis within this brugh 
lies bein overpassed to their benefite and prejudice of the nighbouris 
merchandis inhabitantis traffiquers and that the sole burthen lay upon the 
nighbouris of this brugh quhilk maid ane difference betwix them and aU 
uthir in this Kingdome in the seall and venting of their goodis the quhilk 
the saidis nighbouris ascryved to the unusuaU bm-den and so made them 
groane under the burden therof as being ane mayne hinderance of the 
friedome of trade and traffiqueing And the saidis Provest baiUies and 

' See Extracts, 1626-41, xvi., and Appendix xvii. The letters of gift bore that the impost 
was during the King's pleasure. From this entry it appears that the Council intended, or 
at least promised, to let it lapse after a time. In reality they were forced to have it renewed. 



OF THE BURGH OF EDINBURGH 57 

counsell liaveing taken the same to their luoir serious consideratiouns and 
liaveing resolved ane Christian and charitable way that peace and amitie 
sould ever be keipit betwix them and their nighbouris and considering the 
many pious workis quhilk ar intendit within tiiis brugli and ar not as yet 
perfyted quhilkis pious workis and the building therof wer the most motive 
causis of his Majestic granting of the saidis giftis to the perfyting quherof 
they find the nighbouris of the brugh most wilhng to jjut to their handis 
to help and contribute swa far as in them lyeth for the advancement of the 
samen to Gods gloria to the ease and commoditie of the inhabitants and 
decoreing of the good Towne as said is as formerlie they have bein reddie to 
doe the same Tiiairfoir the saidis Provest baiUies and counsell with the 
advyce and consent of the nighbouris merchandis traffiqueris and utheris 
have all with ane voice accorded that the said impost of ane merk upon ilk 
tun and pack of goodis sail be yeuiie uphfted till the finall compleitting of 
that churche situat neir to the Castle hill on the north west pairt of the 
Hie streit of this brugh in ruiff windowis wallis and dooris and for ane fuU 
yeir thau-eftir the benefite of the wliicli yeir dewtie is to be applyed upon 
the ruiff of the Grayfreir churche situat within the buriell place of this 
brugh allanerhe the quhilk churche of the north west being so compleited 
and the said yeir and day thau-eftir uphfted the said exactioun of ane merk 
upon ilk tun and pack of goodis to ceas be voyd and extinct lykas now as 
then and then as now the saidis Provest baillies and counsell for themselffis 
and theu' successoris declaires the saidis giftis to be voyd and extinct and 
binds and obleisis them and their successoris never to exact any such 
dewtie be vertew of the saidis giftis eftir conijjleitting of the foirsaid churche 
and uphfting ane whoU yeii- dewtie as said is Dischairging lieirby the 
Collectovu'is foirsaid of all yeirs bygane preceiding the day and dait heirof 
(except such as is alreddie collected be merchandis ather of their nighbouris 
or of strangeris as is in their handis.) [John Ronnald, merchant, is appointed 
collector and treasurer of the impost with a committee of twelve] with advyce 
allwayis of my lord Provest if his effaires can perraitt wha is ordained to 
be supernumerarie to which persones the saidis Provest baiUies and counsell 
committs the advyce and ordouring of the fabrick of the said churche and 
ordaines the said collector to be diUgent in iiplifting and imjiloying of the 
moneyis to be gotten therby swa that the building of the said churche sail 
not be procrastinat nor the samen lye idle in the building thairof bot that 
the said yeirhe impost be yeirlie imployed to the finall compleitting therof 
and of ane full yeir thaireftir for the use foirsaid. [It is agreed that the 
Council, with advice of the neighbours shall have full power to elect sub- 
collectors and auditors] And ordaines the Provest and baillies with their 
baillies of Leyth to give their legall concurs for uplifting the said impost 



58 



EXTRACTS FROM THE RECORDS 



dureing the said spaice and the said yeir and day thaireftir and last it is 
heu'by declaired that if any persones eftir the compleitting of the said 
churche and yen- and day thaireftir sail be fund to be restand awand any 
pairt of the said impost for ony spaice within the tynie fotrsaid that the 
said Provest and baillies sail put the said gift to excutioun againes them 
accordmg to the tennour thairof for the use of the thesaurer if he be super- 
expendit and if not superexpendit for the uses foirsaid As also for avoyding 
of all questiounis in the ingathering of the said impost that eigiiten boUis 
of victuaU or salt saUbe compted for a tim and that ane shippis loadning 
of timber consisting of ane hundreth tunes sallbe estimat to fourtie tunes 
aUanerlie and so proportionalhe of iUv shipjjs loadning of timber and 
ordaines this present agriement to begin upon the first day of November 
last Lykas the saidis nighboiu-is conveind agried and consented that letteres 
of horning suld pas upon this present act. 



[College.) 



6th December 1644. 

[Price of ale 14'* the pint ; price of double beer IS"* and of single beer 
9* the pint. 

The extraorduiarv deacons agree to the act as to the merk per tun and pack. 

A connnittee is appointed] to visite the CoUedge and to take com"se for 
remembring the benefactoiu-is of the Colledge to the posteritie. 



[College.] 



llth December 1644. 

[M' Matthew Weymis, minister at HoljTOodhouse resigned his charge.^ 

The accounts of Laurence Hendersone, treasurer to the cliurch at the Tron 
show a charge of 9,800" 19^ 2^' and a discharge of 9,823" 7" 9'i. He is reappoiiited 
to that office. 

The accounts of James Eilleis, collector of the merk per tun for the year 1641-2, 
show a charge of 6,937" 13^ 4<' and a similar discharge. He is to give the names 
of all persons who have not paid to the present collector. 

The accounts of John Ingles, collector of the merk per tun for the year 
1642-3, show a charge of 8,454" 6^ 8'', exceeduig his discharge by 170". This 
sum is to be given to the last treasurer of the Town and the names of all persons 
who have not paid are to be given to the present collector. 

The stipend of M'' Matthew Weymis and his successors at the church is 
augmented to 500 merks from the bishopric and 400 merks from the deanery 
of Edinburgh.] 

IZth December 1644. 

Compeird James Barns thesaurer to the CoUedge and granted him to 
have resaved from James Murrey younger in name of the right honorable 



' It appears that Mr Matthew Wemyss had been second minister at the church of Holy- 
roodhoiise under Mr James Hanna, translated to Edinburgh in 16.S5 and later Dean. The 
records of the Hammermen of the Canongate mention Mr Wemyss in 1632 and 1635. 



OF THE BURGH OF EDINBURGH 59 

Sii' Alexander Hammiltoun Generall of the artillerie burges and gildbrother 
of this bi'ugh the soume of twa thowsand merkis which with the advyce of 
M'' Robert Dowglas [is] allotted and dedicated for the use of the CoUedge 
especiallie for covering of the hbrarie in the said Colledge. . . . 

I8th December 1644. 

. . . For the reddle pajonent and uplifting of the merk uj^on the tun [Merk iwr tun 
agried unto be the nighbouris it is thoglit expedient and ordained that at 
the entrie of illv ship it sail be intimat to him who becomes sovertie that 
he is cautioner also for the payment of the merk of the tun dew be the 
said shiiJjD as also ordaines that the thesaurer at his resait of the said entrie 
sail not give owt the same to the pairtie befoir that lie sail resave ane 
warrand to that effect from Jo" Ronnald thesaiu-er to the said Impost as 
also farder declah's that the subscriptiouns pm-chased from ane number 
of the nighbouris acknawledging the legahtie of the said Impost which is 
affirmed to be lost ar null and void and the reteineris and conceileris theirof 
lieirby declaired to be favourers of the combustioim quhich the same wes 
likhe to have bred and not good commoun wealthis men. 

Forsameikle as the churche at the Trone is now reddie to be covered [ciiurcii at the 
with the timber rooff thairof and ane great pau't thairof alh'eddie jiut ujj 
theirfou' ordaines Laurence Henrysone present thesaurer to the said worke 
to compleitt the said timber rooff with all dihgence. . . . 

20th December 1644. 
Forsameikle as umquhile Robert Eillies ordained be his latter will and [c'l^m'?''''* 'n 

. 1 1 • ■ I • 1 College.] 

testament ordered [sic] his executoris to build twa chalmeris withm the 
Colledge of Edinburgh upoun liof)e of payment quherof Jo" Jossie lait 
thesaurer to the said Colledge lies builded the said twa chalmeris and resaved 
on payment thairof Thairfoir ordaines the expensis debursed be him upon 
the saidis chalmeris to be allowed in his comptis . . . and ordaines James 
Barns present thesaurer to persew the executoris foirsaid for repayment of 
the said soumes. . . . 

Forsameikle as Margaret Richardsoun relict of uniquliile M"" Jo" Galloway Donatioun 
hes offerd to jDay presentlie the sounie of fyve hundreth iDundis to the use coUedge. 
and towards the building of ane chalmer witliin the Colledge of this brugh 
off the quhilk soume James Barns present thesaurer to the Colledge com- 
peirand grauntit the resait Thau-fou* the saidis Pro vest bailhes and counsell 
ordaines the said present thesaurer and his successoris thesauraris of the 
said Colledge to pay to ane bursar to be presented be the said Margaret 
the soume of fom'tie pundis yeh'lie for the spaice of fowr yeiris nixt and 



60 EXTRACTS FROM THE RECORDS 

immediatlie heireftir and eftir the expjTing of the saidis yeu'is ordaines 
the same to ceis and this present act to be no mou- efFectuall. . . . 

22>rd December 1644. 
Agains suspect Forsameikle as the necessitie and danger of the present tviues does 

shipps barkis i i i x »/ 

crearsand requyre that no persones barkis ships nor erears nor boatts sail rejjair 
within the barberies of Leyth or Newhaven from Newcastle or any suspect 
places without the knowledge of the magistratts Thairfoir ordaines the 
watter bailhe of Leyth to cans speak all vesheUis cumand towardis the 
saidis harbories and if they sail acknowledge the cuming from such hk 
suspect places that the saidis barkis or vesselhs or any persones or guidis 
within the same be discharged from comeing within the saidis harbories 
or bringing in or sending in any persones or commodities within the same 
under paine of death to be incurred be the maisteris of the saidis vessells 
with certificatioun to all persones within the hberties of this brugh not 
to resave any persones transported be the saidis vesseUis under paine of 
banishing the same for evir. . . . 

2bth December 1644. 

[PestUence.] Forsameikle as the counsell fincUng it expedient that one be provydit 

for visiting and trying all such persones as may be thoght to be visited 
with the contagioun Theirfoir they have nominated and elected Doctor Jo° 
Pauhtius for that effect dureing their will and hes ajjpoynted unto him 
for ane fiall for his jDaines fourtie pundis Scottis per mensem. . . . 

[Foreign siiips] Electis James Halyburtoun skipper and Andro Hutchiesoun in Leith 
also skipper there to be valueris and esteimers of aU shipps barkis and 
erears comeing from forrane places to the harberie of Leyth. . . . 

[Seat for Compeird Jo" Ingles ane of the bailhes and presented ane act of the 

canongate kirk scssioun of the Canogait quherby they designe to the Provest baillies 
and counseU their superiouris the eistmost of thes two fou' seattis right 
under the Kingis gildit dask and just agamst the pulpitt. . . . 

\st January 1645. 

[Prize of War] Graunts testimoniall to James Rucheid merchand ane of the baillies 
of Leyth testifieing that the said James shijDped at the port of Berwick 
in the shipp callit the [ ] of Berwick quherof James Smyth is master 
the number of fourtie sex barrellis of salmond pertening to him and Robert 
Trotter liis compartner from the said port to the toun of Newjjort in West 
Flanderis and that he is informed that Alpherus Diksoun hes arreisted the 
same there as pertening to Captane Lues Dick in respect the said Ca^Dtane 



OF THE BURGH OF EDINBURGH 61 

beiiig in the Parliament service of England had taken from the said Alpherus 
his shipp and goodis and maid prys theirof and testifieing that the saidis 
goodis perteind to him he jirieving the premisis to be of veritie. 

[Sir John Smyth of Grottall, Lord Provost, and Robert McKean, deacon 
of the skinners, are appointed commissioners to the ensuing ParUament and 
particular Convention of Burghs.] 

3rd January 1645. 

[The late M'' WUham Struthers, having an annuabent of 600 merks payable 
by Sir Walter Stewart of Minto out of the lands of Daldowie in the parish of 
Monkland and barony of Glasgow, luider reversion of 6,000 merks, has left the 
said annualrent equaUy between tlie Colleges of Edinburgh and Glasgow for 
the support of two students of divinity in each CoUege. The students to be 
presented are to be taken from the poor of the resjjective towns or from ministers' 
sons of those presbyteries and to be maintained for four years. The patrons 
are to be the Councils and ministers of the respective towns. Failing the correct 
use of the legacy by either of these patrons, the other patrons are to have control 
of the whole sum, under condition of employing it in the mamier enacted.] 

5th January 1645. 

[The Council, ministers and professors of the College elect M'' John Adamsone, 
principal, commissioner to the General Assembly in the Town on 22,^'^ January.] 

The counsell appoyntis to revise the old lawis of the CoUedge to try [CoUege, 
how they are keiped and quhat ar necessar to be changit or abrogat or laws] 
quhat may concerne the Colledge and to report the baillie Robert Achiesonn 
George Suittie dean of gild M'' Andro Ramsey M'' William Coline and 
M'' Jo° Osuald ministeris Jo" Bynnie merchand Robert Mackean deaken 
of the skinneris M"^ Johne Adamsone principall M"" Thomas Crawfuird ane 
of the regentis and James Barns thesaurer of the said Colledge.^ 

Sih January 1645. 
[Election of commissioners from the Council to the Assembly.] 

\5th January 1645. 

Electis to be assessoris to Sir Jo° Smyth for to advys and concur with [Parliament.] 
his Lo. in all matteris concerning the Parliament George Suittie Sir William 
Gray Thomas Chartres Adam Lamb and GUbert SommerveU. 

Ordaines the dean of gild and his connsell to admitt and resave Nicoll [Burgess.] 
DufFe tailyeor to be burges and gUdbrother of this brugh for payment of 
the ordinar dewes and ordaines him to repay the same to him, as also dispenses 
' See Extracts, 1626-41, Appendix vi. pp. 283-93. 



62 



EXTRACTS FROM THE RECORDS 



[Wrecked 
ship.] 



with his armour and all this at the desyre of M'' Johne Arnot doctor of 
physick. 

nth January 1645. 

Grants letteris of recommendatioun in favouris of [nine burgesses] 
recommending to the judges in Suffolk in England and all uthir judges the 
saidis nighbouris anent theu* shipp callit the Blakhors of Amsterdam quhich 
sufferit shipwrak laitlie neirto Albrugh in the Countie of Suffolk in England 
the best part of the marineris being safe be the providence of God earnestlie 
intreatting them to doe the saichs nighbomis justice. 



12th February 1645. 

[Ministers.] Ordaines the commissioneris of the Generall Assembhe to supplicat 

the said Assembhe for thrie ministeris furth of this synod of Edinbiu-gh 
with reservatioun allwayis of any libertie the Toun hes to seik ministeris 
throw the haill kingdome. . . . 

14:th February 1645. 

[The Council and extraordinary deacons authorise Laurence Hendersone to 
borrow 2,000 inerks for the building of the church at the Tron.] 

l^th February 1645. 

[The College treasurer reports a legacy of 1250" by the late Andrew Ainslie 
towards the uiamtenance of a professor of' divinity.] 



[Insults to 
collector.] 



[Town's 
regiment.] 



[Ministers.] 



2Uh February 1645. 

James Willsone skipper in Leyth being conveuid for his injurious wordis 
given to Johne Ronnald merchand in collecting the mark of the tun which 
he confessd Quhairfoir the counsell unlawis him in the soume of twentie 
merkis and ordaines him to pas to waird till he satisfie the pairtie offendit 
and pay the unlaw and mak satisfactioun to the counsell there to 
remaine. . . . 

Ordaines the thesaurer to pay to Lieutennent [sic] Andro Milne in jiairt 
of payment of his bygane fie for dewties for his service as Ueutennent to 
the Touns regiment the soume of sex hundreth pund Scottis. . . . 

Compeird Jo° Bynnie and producit ane act of the Generall Assembhe 
quhairby the said assemblie gives full jiower and warrand to the com- 
missioneris appoynted be them to sitt at this brugli for the pubhct affaires 
of the kirk to transport any thrie ministeris from any of the kirkis respective 
within the province of Lowthian upon the desyre and sute of the good 
Toun with power to the saidis commissioneris to direct citatiouns and 



OF THE BURGH OF EDINBURGH 63 

to [doe] all uthir thingis necessar to the effect foirsaid Declairing thairby 
and provyding that the muiisteris of Edinburgh sail not have any voice 
in the said matter bot thairby ar expreslie excludit as the act the 12 of 
Februar instant at mair lenth is contenit. 

3rc? March 1645. 

[The treasurer to the Kirk Council is ordered] to pay to M"" Alex"" [Ministers.] 
Henrysoun and M"' George Gillaspie their ordinar stipendis dew to them 
for their service in the ministrie of this brugh since their goeuig in to England 
notwithstanding of their goeing to England. . . . 

^th March 1645. 

Quhairas the Counsell hes electit and chosen WiUiam Baxter George [Excise.] 
Leslie William Shaw and David Makgill to be collectoris of the excys money 
witliin this brugh Thairfou' they appoynt unto them for theii- paines in 
uphfting thairof twa of illi hundreth to be payit to them of all soumes that 
they sail collect and ordaines the said twa of ilk hundreth to be divydit 
among them aff the to tall soume to be coUectit be them proportionalhe.^ 

19/^ March 1645. 

Quhau'as the Counsell finding the tymes quhairin they ar fallen at tlie [i'roriamation 
pleasure of God Alhuightie to be extremlie dangerous and this brush exposed remain in the 

f • ■ 1..1 ■ .,..*.^, Town and 

to many mconveniences and the commoun enemie exceiding msolent and strangers to be 

1 1 1 -11 c 1 I 1 • -r. notiSed.] 

the commoun danger and iiernll oi brugh to be verie great ii not prevented 
so that not onlie the mIioU burgessis of this brugh bot all the inhabitants 
within the same may be thairby concerned in a verie hie way so that theii' 
presence within the Toun is verie necessar Thau'foir ordaines proclamatioun 
to pas throw this brugh be sound of ckum in name and behalf of my lord 
Provest baiUies and counseU commancUng that all burgessis and inhabitantis 
within this brugh sail remain and abyd within this brugh and not depairt 
fiu-th thairof without hcence of the magistratts under the jjaine of ane 
thowsand pundis lose of their libertie and foirfalture quhat they have 
within the same to the maintenance of the pubhct and defence of the Toun 
and such as for the present are without the Toun that they repak to the 
same witlim fourtie eight houris under the fou'saidis paines And becaus 

1 The Convention of Estates on 26th January 1644 had appointed a committee to discuss 
the levying of an excise on all imported goods as a means of financing the army till such time 
as payment should be made by the English Parliament. On 31st January an act was passed 
authorising it as a temporary expedient and giving a table of the rates chargeable (A.P.S. 
vi. (1), pp. 73, 7.5, 76). The Parliament, which met in June 1644, issued a commission for 
the excise, dated 29th July i^ibid. p. 237). 



64 



EXTRACTS FROM THE RECORDS 



[Town Watch. 



[Monthly 
maintenance.] 



thaix is a great resort of all kynd of people from all pairts within this 
kingdome and of strangeris to this brugh and ar indifferentlie resaved be 
all Theirfoir also to command and chairge that all osiers and uthu' inhabitants 
who hes any strangeris within their housses or sail happen to resave any 
persones within thek houses or chalmeris sail within fowr houris theireftir 
come to some of the magistratts of this brugh and give up their names and 
qualitie and from quhence they come with certificatioun to all such as sail 
neglect to doe the same they saU incur the unlaw of ane thowsand pundis 
and lose of the hbertie of the said brugh for ever. 

The same day forsameikle as my lord Provest baillies and counsell 
finding it most necessar for the weill and saftie of this Towne and inhabitants 
thairof that ane strong watclie be nightlie kei^jit and hes appoynted and 
ordained that the said nightUe watche be keipit be ane wholl and intire 
company and that they enter at eight in the cloak at night and theirat 
remaine till sex in the cloak m the morning and not dissolve thairfra befoir 
the said tyme Thairfou- ordaines proclamatioun to pas throw this brugh 
be sound of drum commanding and charging that all the burgessis and 
inhabitantis within this brugh according to their severall companies keip 
and attend the said watche the tjane foirsaid under the pame of fyve pxmdis 
for the first fault ten pundis for the second and farder punishment of their 
persone at the wiU of tlie magistratts And all that comes sero saU pay twelf 
shillingis tofies quofies And farder that iiu'espect the saidis watches cannot 
be orderhe keipit except they be sufficienthe instructed in mihtarie disciphne 
that all the inhabitantis of this brugh be in reddines to marche furth for 
dreilhng under their severall commanderis and collouris to the jjlaces 
accustomed at the touk of the drum at sex in the cloak in the morning under 
the jiaine of fyve pundis to be payit be ilk persone saU failyie. 

The same day forsameikle as upon the twentie sevent of Februarii last 
the Estaitts of Parliament conveind in the second sessioun of this first 
trienniaU Parliament be vertew of the last act of the last Parhament holdin 
be his Majestic and the thrie Estaitts of this kmgdome m amao 1641 did 
inact for the maintenance of the airmie that among the shjrres and brughs 
of this kingdome the brugh of Edinburgh sould intertein the number of 
fyve hundreth thriescou" fourtein men at sex shilhngis per diem inde per 
mensem fyve thowsand ane hundreth thriescoh' sex pund and that from 
the first of Marche instant to the last of August nixt inclusive extending to 
the space of sex monthis and extending to the soume of fyve thowsand 
ane hundreth thriescoir sex pundis per mensem and in haill to the soume 
of threttie thowsand nyne hundi-eth fourscoir sexten pundis for payment 
quhairof the Provest baillies and counsell hes ordained and ordaines the 
said soume of tlu-ettie thowsand nyn huncketh fourscoii' sexten pundis to 



OF THE BURGH OF EDINBURGH 65 

be levied of all the persones within this brugli and liberties thau'of of South 
and North Leith Canogait and Pleasance viz. all heretouris within the saidis 
boundis and all burgessis and trafifiqueris exerciseing any trade conforme 
to the tenour of the act of Parhament. 

21st March 1645. 

Ordaines Henrie Bellenden and M^ James Logane to resave fra the [Excise.] 
surveyars of North Leith ane note of the excysable goodis there under 
their handis and to deljrver the double thairof to the collectoris of the 
excys then- and they to be chairged thairwith in their comptis conforme 
thairto.^ 

25th March 1645. 

Ordaines the waUis of the Toun to be visited and quher they ar defective [Town waiis] 
to be repaired according as the counsel! sail thereftir prescryve and that 
ane new port be maid at Leyth Wynd fute and ane uthir at Pleasance 
port. . . . 

28th March 1645. 

[M'' John Forester, .student, is elected a doctor in the High School in place 
of the late M ' Roger Lowrie.] 

Ordaines Jo° Ronnald thesaurer to the building of the churche in the (cimrch at 
Castlehill to borrow upon interest the soume of fyve thowsand merkis to 
be repayed fm'th of the impost of the merk upon the tun and he to give 
band therfou- . . . and the said thesam'er to be chairged theirwlth in his 
comptis and discharged as imployed upon the said worke.^ 

29th March 1645. 

[The Council and extraordinary deacons] electis Jo° Edgar merchand [Town waiis.] 
to be thesaurer for repauing the Toun waUis quhau- they ar defective 
[and aijpoints a committee to mspect the walls and report] and ordaines the 
thesaurer to borrow the soume of thrie thowsand merkis as the necessitie 
of the work sail requyre and to pay interest thau-foir and to delyver the 
same to the said Jo° Edgar. 

31st March 1645. 

Forsameikle as my lord Provest baiUies and counsell resenting the Discimirging of 
manifold dangeris quherunto the whoU inhabitantis of this brugh ar exposed hrydics and 

' See p. 63 supra. 

^ Marginal note : The Counsell ordaines this act to be deleitt in respect of ane act of 
coiinsell maid theranent the 12 of March 1647. 

E 



66 



EXTRACTS FROM THE RECORDS 



now in this tyme of commoun calamitie and publict pestilence quherby 
God hes visited this Idngdome throw too publict and unnecessar lykwakis 
penny brydellis and that undecent and strumpetlyk liabite of plaids so oft 
forbidden quherby people inclosed may resort not onUe to the streitts and 
pubhct mercatis hot also to the kirks to the hazard of all utheris Thairfoir 
ordaines proclamatioun to pas throw this brugh be sound of chum dis- 
charging all keipmg and making of lykwakis and all inhabitants from 
frequenting of the same under the paine of twentie pund to be payit be 
the contraveiners and also discharging all inhabitants within this brugh to 
presume or tak upon hand to make any penny brydles or frequent the 
same under the paine of fourtie pundis to be payit be the contraveiners 
toties quoties and last to discharge aU persones of quhatsumevir C]uahtie 
to presume or tak upon hand to come to the publict streittis or vennellis 
of this brugh or kirkis of the same with plaids under the paine of confiscatioun 
of the same quhersoevir they can be fund be all persones can apprehend 
the same. 

1st April 1645. 

[The extraordinary deacons agree to the act about the maintenance. A 
tax for the sum with 1,004" for expenses is to be raised. The treasurer is to 
borrow half of the said sum. Extentors are appointed.] 



Helper 
promeisd to 
Mr Andro 
Ramsey 
conditionaUie. 



2nd April 1645. 

Forsameikle as this day compeird Mr Andro Ramsay with some elderis 
deakens and parochiners of the south jiarishe of this brugh . . . and in 
consideratioun of the said M'' Andro his age and infirmitie desjTed that 
ane helper sould be provydit to the said M'' Andro ^ and that the counsell 
would presentlie nominat the said helper and in the mein tyme promeisd 
to procure from the parochineris of the said paroche ane yeirlie stipend 
for maintenance of the said helper Quhich being taken be the counsell 
to then consideratioun they have promitted that at the returne of M"" Alex'' 
Henriesone M"" George Gillespie and [ ] ^ to then chairges ^^ithin this 
Toun that they sail appoynt ather M"" Mungo Law or M"^ Robert Lowrie 
for ane helper to the said M"" Andro provjTling allwayis that the saidis 
elderis and deakens sail procure with diligence of the saidis parochiners ane 
declaratioun for ane yeirhe sufficient maintenance for the said helper under 
their handis and if they sail failyie therin in that caice they promeisd to 
desist from seiking of the said helper. 



• Mr Andrew Ramsay was elected in April 1614 {Extracts, 1604-26, p. 115). 
- Mr Alexander Henderson and Mr George Gillespie were still commissioners in England 
(see p. 63 supra). The other absent minister is not named in the records. 



OF THE BURGH OF EDINBURGH • 67 

lOth April 1645. 

The counsell finding that throw the occasioun of the imminent danger For lauriatioun 
of contagioun the scholleris of the Colledge ar grittumUe distracted Thairfoir trands and di- 
the counsell ordaines the present masteris of the Colledge to lauriat the coiiedge. 
magistrand clas and to dismisse the rest till they be advertised anent the 
estait of the Toun and troubles of the tyme. 

The counsell finding the increas of the contagioun has thairfoir thoght Pauiitius 

-11 r r . . . r visitor of the 

good that doctor Joannes Pauhtms sail be maid choys or tor visitemg oi seik of the 

,,.,.,. f. contagioun. 

all such persones sail happen to deceis within this brugli or hberties thairoi 
as he sail be commandit be the niagistratts and all utheris quhora they 
sail desire him to visite and becaus that tlie said doctor cannot attend so 
preciselie as is requisite without ane competent sounie be allowed for his 
intertainment Thairfoir the counsell hes agried with him for attending 
the said charge and hes promised unto him the soume of fourscoir pundis 
monethlie compting from the first of Apryll instant. . . . 

IGth Ajyril 1645. 

The counsell dissolveth the hie schooll till the twentie day of May nixt [High school.] 
and ordaines them to reconvein the said day. 

23?-(i April 1645. 

Ordaines James Rucheid watter baillie of Leyth to build and repair [Harbour of 
the mid lieid within the harborie of Leyth the most sufficient way he can 
and for the maner continowis to Fryday nixt. 

Ordaines Jo" Ronnald to procure timber tymoushe for covering the [ciiurch at 
churche in the Castlehill . . . and this to be provydit and sent for upon 
the Touns risk. 

30<7i April 1645. 

[The Council, extraordinary deacons, ministers and elders] elected Patrik [pestilence] 
Thomsone merchand to be thesaurer for resaving and distributing of the 
voluntar contributioun collected for supplie and help of the poor people 
inclosed or infected with the contagioun of the pest at the sight and be 
the advyce of the thesaurer dean of gild [three councillors and six persons 
chosen by the kirk sessions]. 

1st May 1645. 

Finding that thair is nothing hinders so much the dispatche of effaires [spcaiiing in 
as the promiscuous speaking of counselleris for remeid quhairof it is statut '^°^" 
and ordained that no man sail speak quhdes ane uther is speaking nor befoir 
the uther end and that all sail direct their speache to my lord Provest or 



68 



EXTRACTS FROM THE RECORDS 



moderator for the tjmie and who sail faile to pay ane unlaw of thrie shillingis 
four permyes toties quoties and the refuisers or delayers to pay the double. 



[Bulwark 
Ltitli.] 



[Excise.] 



of 



Ith May 1645. 

Compeu-d thes appoynted to agrie with Jo° Scott wTight anent the mid 
buhvarke of Leitli and maid report that they had agried with him for twelff 
hundreth merk Scottis the baillie furnishing timber yron wark and sawing 
quhairof the counsell allowed. 

The counsell hes agried and ordained that the excys imposed be the 
Estaitts upon the flesh sail be uphftit at the port as the bestiall sail come 
to the Toun and ordaines that their sail be persones appoynted at everie 
port for this effect for resaving thairof.^ 



[Town 
Companies.] 



9th May 1645. 

[Of the tax for maintenance South Leith is to pay 720" per month and 
Canongate, North Leith and Pleasance a similar sum, bemg maintenance for 
eighty men each and amountuig in all to 8,640"' between them. The balance, 
to be imposed upon Edinburgh, is 23,360" for the six months.] 

Forsameikle as be act of counsell of the dait the twentie fom't of Marche 
im vie twentie sex yeiris the Provest bailhes and counsell for the tyme for 
inabUng of the inhabitants of this brugh for the better defence thairof 
incaice of any invasioun did than distribute the haill inhabitants thairof 
in eight severall companies by and attoiu' the twa companies of the youthis 
of merchandis and craftis ^ and now the saidis Provest baillies and counsell 
considering that be the said divisioun there did fall owt ane inequalitie 
in the number of the saidis companies and that upon the maner of the 
commanding thairof great differences did arys Thairfoir for avoiding of all 
differences and questiouns might arys among the saicUs inhabitants and 
for helping them in unitie and peace amongs themselfSs They all m ane 
commoun consent and assent hes agried and condiscendit that the haill 
bodie of this Toun as the inhabitants thairof does dwell and reside merchandis 
and craftismen maried and unmaried sail be divydit into sexten companies 
quhairof ten companies to be led by ten merchands as captanes thairof 
and the utlier sex be sex craftismen as captanes thairof and that ilk ane 
of the saidis merchandis captanes sail have ane craftisman to be his 
lieutennent and that thair sail be chosen to be ensigne beareris eight 
merchandis and eight craftismen and that the serjandis of everie companie 

' See p. 63 supra and note. 

^ See Extracts, 1604-26, pp. 297-304, for the beginning of the eight companies with one 
company of youths. A year later the youths were formed into two companies (Extracts, 
1626-41, p. 23). 



OF THE BURGH OF EDINBURGH 69 

sail be of equall number of merchandis and craftis and the first companie 
to be led be ane merchand and tlie reir or last companie to be ane of the 
craftismen. . . . 

[The act anent promiscuous speaking in Council is renewed.] 

Uth May 1645. 

Comperit Sir Jo° Smythe provest and producit ane lettir direct to him Licence . . . 
and the baillies from Jo" Jo°stoun at Londoun quhairin than- wes inclosit 
the copie of the Ucence grauntit be his Majestie and Parhament for trans- 
porting of fyve hundreth fodder of leid furth of England to this brugh 
custome frie quhilk copie is collationat be sa many and under their handis 
at Londoun the tlu-id day of Juiui i™ vi^ foirrtie fyve yeiris [sic] And thanfoii- 
ordaines the same to be put up in the chartour hows to be furth cumand 
to the thesauraris of Heriotts warke Colledge and kirkis of this brugh 
inrespect the same concerires them all.^ 

21st May 1645. 

The counsell ordaines Patrik Thomsone tliesaurer appoynted be the [Pestilence.] 
counsell to the coUectioun maid for the personis infected and inclosed to 
caus mak clothis or slipperis for the conimoun clengeris . . . and siklyk 
to mak ane badge of cognisance for David Mowat. 

Ordaines Johne Ronnald tliesaurer to the ku'k at the Castellhill to [cimrni at 

. Castleliill.J 

borrow the soume of fowr thowsand merkis for pertytmg that churche 
. . . and the counsell to beir the risk of the timber sent for.^ 

[The bounds of the sixteen town companies with their captains are given 
in fuU.] 

2-3rd May 1645. 

The counsell ordaines the bailUes to conduce and agrie with twa clengeris [Pestilence.] 
to attend the baillies for clenging in this tyme of the contagioun. 

26th May 1645. 
[Election of lieutenants, ensigns and sergeants for the sixteen companies.] 

Mh June 1645. 

Ordaines James EUlies to aUow to the people of their billotting conforme [Biiietting] 
to the accompt subscrivit be Sir Ar^i Cample Jo" Binnie and James Stewart 
and the twa baiUies of Leith. . . . 

^ See p. 22 supra. 

* Marginal note : The counsell ordaines this act to be deleitt in respect of ane act of counsell 
maid theranent 12 March 1647. 

e2 



70 



EXTRACTS FROM THE RECORDS 



Qlh June 1645. 

[Pestilence] Forsameikle as the counsell haveing agried with doctor Joannes PauUtius 

in attending and visiteing of the seik and dead of the contagioun within 
this biugli and as he sail be desyred be the baillies for the soume of four 
scoir pundis monethlie and now the baillies hes agried with him for the 
soume of ane huncketh pund per month compting fra the first of Junii 
instant. . . . 

[Gravcmakers.] Electis James Imrie and George Wright to be grave makeris of the 
graves in the Grayfreu'is dureing the counsellis will. . . . 

[Tlie Council, having borrowed from the treasurer of Heriot's Hospital the 
sum of 21,910 merks in 1036 and the sum of 12,000 merkis in 1638, have repaid 
the same with 1,356 merks annualrent thereof. They order that 18,000 merks 
be borrowed from William Rutherfuird, writer m Eduiburgh, and 1300 merks 
from Patrick Quhytlaw, merchant burgess of Edinburgh and bonds to be given 
for the same. 

A new bond is to be given to the masters of S' Paul's Work for the sum of 
3,500 merks, borrowed m 1638, with annualrent of 500 merks.] 

llth June 1645. 

[Commissioners to the Convention of Burghs, George Suittie and Robert 
Mackean : assessors and proxies, John Bynnie and Gilbert SommerveU.] 



[Pestilence.] 



[Prisoners in 
Tolbootli.l 



\Uh June 1645. 

[Patrick Baxter, merchand, baron and water bailie of Leith durmg the 
enforced absence of James Rucheid.] 

Forsameikle as the counseU haveing agried with doctor George Rae 
physitian for visiteing the diseased or suspected of the plague Theirfoir 
they have agried to pay to him dureing his service in the said place the 
soume of ane hundreth pund scottis be the month beginning at the day 
and dait heirof . 

20<A June 1645. 

Forsameikle as my lord Provost and baillies haveing directed Thomas 
Calderwood merchand to the Lordis of the Committee anent the new plott 
devysed be the prisoneris in the Tolbuith for their escape who this day 
compeirand reported ane generall commissioun to my lord Provest and 
baiUies for trying the saidis prisoners and whom they sould think 
expedient daited the nynten day of Junii instant.^ 



27<A June 1645. 
[Gravemaiier.] Electis Jo" Craig to be ane grave maker in the Grayfreirs. 

' See Appendix ii. for tlie act of the Committee of Estates, wliich names the ringleaders. 



OF THE BURGH OF EDINBURGH 71 

^th July 1645. 

[Commissioners to the Parliament to be held at Stirling, Sir Jo° Smj^th of 
Grottall, knight, Provost, and Robert Mackean, skinner.] 

Uth July 1645. 

The counsell finding the abuse of the inputting of the seik foLkis of [Pestilence. i 
the contagioun within the Sheynes wallis to be neglectit and oversein be 
the keiper of the Sheynis Thairfoir ordaines that nane who dwellis without 
the Toun and hes gone furth of this brugh to remane that sail happen 
to fall seik of the contagioun at any tyme heireftir be resaved nor jDut 
within the said Sheynis and that under the paine of punishment of thes 
wha contraveins the same at the discretioun of the niagistratts. 

\Uh July 1645. 

Ordaines the baillie Andi'o Sympsoun to caus the clengeris tir the haill [Pestilence.] 
thack housis within his boundis quherin thair hes bein any infectioun 
and to begin at . . . the west port and to caus burne the thack and strae 
and accordinglie to be done throw all the quarteris of the Toun and remitts 
the satisfactioun of the clengeris to the baillies. 

Quhaii-as the counsell finding the tymes quhairin they ar fallin at the [inhabitants to 
pleasor of God allmightie to be extreamlie dangerous and this brugh exjDosed Town!] '" 
to many inconvenientes and the commoun enemie exceiding insolent and 
the commoun danger and perrill of this brugh to be verie great (if not 
prevented) so that not onlie the wholl burgessis of this brugh bot all 
inhabitants within the same may be thairby concerned in a verie high way 
so that their presence within this Toun is verie necessar and that thair 
ar sindrie nighbouiis under pretext of owtputting of theii- wyfis and 
bairnes furth of this brugh goes with their wyfis and bairnes themselffis 
and remaines and abydis there furth of this brugh Thairfoir ordaines 
proclamatioun . . . commanding that all burgessis and inhabitants within 
tills brugh sal remaine and abyd witliin this brugh and not depairt fiu-th 
tliairof without licence of the magistratts under the paine of i™i' lose of 
thair libertie and forfaulter of what they have within the same to the 
maintenance of the haill poor intertaining of watches and guairdis both 
night and day and uther necessar occasiouns and such as for the jj^-esent 
ar without the toun that they repair to the same within fourtie eight houris 
under the foirsaidis paines. 

\Mi July 1645. 

[Commissioners to the Parliament prorogued to Perth, the Provost and 
Robert Mackean.] 



72 



EXTRACTS FROM THE RECORDS 



25th July 1645. 

[Pestuence.) Ordaines the lodgis buildit upon the north side of the Borrow loche to 

be taken doun and brunt eftk the persones that ar thairin be maid frie 
and that na housis be built there in that pau't thairof in na tynie comeing. 

6^^. Azigust 1645. 

[PestUence.] Compeu'd Walter King sent be the lady Gallowsheills at requeist of the 

counsell to be ane clenger quhoni the counsell chooses to be ane clenger 
and promeisis to give him such pay and satisfactioun as any other clengeris 
imployed be the counsell. 



For liberatioun 
of some 
prisoners. . . 



Uth August 1645. 

Forsameikle as the persones underwrittin ar incarcerat within the 
Tolbuith of this brugh at the instance of the persones following viz. Issobell 
Vertew at the instance of Jo° Kennedy Jean Stewart at the instance of 
James Ker Margaret Stewart at the instance of Jo" Murrey harbour Robert 
Witherspoone at the instance of umquhile Captane Fisheris relict Lykas 
certane of the counsell haveing acquainted the saidis persones at whois 
instance the saids prisoneris ar incarcerat ather for their maintenance or 
consenting to their hberatioun certane of the saidis creditoris have consented 
to their liberatioun and utheris refuised the same And the counsell considering 
that this long tyme the saidis persones have bein incarcerat not persewit 
nor declaratour past agains them and withall considering that the infectioun 
is daylie increasmg that the prisone hows lyes under danger thairfoir the 
counsell ordaines the foirsaidis haiU persones incarcerat to be liberat furth 
of the said Tolbuith. 

The counsell considering the great danger that the Toun is casten into 
in thir tymes of the oontagioun and that the Clerkis chalmer is in great 
hazard both their registers and utlier writts belonging to the good Toun 
and uther liis Majesties leidgis Thairfoir the counsell ordaines the principle 
key of the said chalmer to be given and delyverit to my lord Provest and 
the chalmer door to be closed. 

[James Aliesoun, merchant, is elected baiUe till Michaelmas in place of the 
late George Walker. 

Thomas Leishman, merchant, is elected treasurer to the poor's collection in 
place of the late Patrick Thomsone.] 

For furnishing Nomiuats and appoyntis Robert Fleyming James EilHes Gilbert 

viveris. ' SommerveD and James Bynnie to meitt and conveyn amang themselffis 

and to advys and give in their best opinioun and advyce for furnishing the 



Act closeing of 
the clerks 
clialmer. 



OF THE BURGH OF EDINBURGH 73 

Toun of all sort of viveris both meatt and clrink and to lay doun wayls 
for prosecuting the samen with assistance of the magistratts. 

Forsameikle as the counsell finding that at this tyme of the present !^°°^'''°'' 
contagioun the greatest pairt of the inhabitantis of this brugh hes bein 
forced to desert the samen and to lieve then' wholl housis quhairby the 
good Toun is exposed to all kynd of invasioun ' and no persones left to defend 
the samen or secure the housses tlianof Quhairfoir they have thoght good 
and expedient that thair be the number of ane hunch-eth men levied and 
liyred to be ane ordinar watche day and night with some uther persones 
for clenging of the Toun and for perfyting of some extrairdinarie chairges 
to be imployed upon the Toim and clenging of the houses and streits thanof 
to be payit be the inhabitantis of the samen and that there be the soume 
of eighten hundreth pundis money borrowit . . . for payment of the saidis 
souldiers wlio supplies the daylie and night lie watches of tiie saidis 
inhabitants till the samen be collected. 

2'ith September 1645. 

Forsameikle as there being read in audience of the wholl counsell ane Allowance of 
draught of ane act maid the twentie sevent of August last - anent the liiHration of 

James 

liberattmg of the prisoneris They all agried thairto and ordained the same orahames 

jirisoDcris, 

to be booked of the daitt foirsaid and ane extract to be given to the baiUies 
As also remembring that tliey iiad directed the same day James EilUes 
Gilbert Sommervell and Jo° Denholme to pas to the Earle of Montrois 
witli the prisoneris Thairfoir they allow thairof and ordaines ane extract 
of tiiis approbatioun to be given to them. 

30th September 1645. 

The same day the Provest baillies and counsell haveing heard read in [Liberation of 
their audience the twa severall actis maid upon the twentie and twentie prisoners.] 
sex dayis of August last ^ anent the liberating of the prisoneris in the over 

' It is possible that the Council had information of the movements of the Covenanting 
armies to intercept Montrose in his dash on the Lowlands. The ensuing gap of some weeks 
is explained by the Marquis's victory at Kilsyth on 15th August, after which the Lowlands 
lay at his mercy. Tlie Master of Napier and Nathaniel Gordon had demanded and obtained 
the liberation of the prisoners in the Tolbooth (see infra and note). But support was not 
forthcoming to Montrose from the Lowlands and on 13th September he was defeated by 
David Leslie at Philiphaugh and his army anniliilated. 

^ The acts to which allusion is made are not recorded in the Minute Book in their proper 
place. The significance of these acts and their omission rests on the fact that they followed 
upon Montrose's defeat of the Covenanters' army at Kilsyth on 15th August. The reason 
for omitting them at the time is obvious enough, if indeed they were drawn up precisely in the 
form here inserted. For, had the Marcjuis maintained the position gained by the battle of 
Kilsyth, the necessity for the facts in their existing form would not have emerged. 



74 EXTRACTS FROM THE RECORDS 

and nether jailes and haveing withall considerit the necessitie quherunto 
the magistrats for the tyme wer reducit yeilding thairto Thairfoir they of 
new have ratified and approven the said deid in not exposing the few 
persones witliin the Toun nor the Tonn itselff to the mercie and will of so 
powerful] and merciles ane enemie and tookes it for good service done to 
the Toun be them in not onlie preserving of their j^ersones hot also of the 
Toun and suburbs thairof with the castle and magasen thairin and withm 
the Toun and Toun of Leyth For within the said Toun and toun of Leyth 
wer conteind ane great pairt of the moveable guidis of the most pairt of 
the nighbouris within this brugh and wer by the saidis magistratts and 
nighbouris treattie with the said commoun enemie better preserved and to 
ane better use nor exposed to the will and discretioun of the said enemie 
Quhich delay gave tyme and occasioun to our freinds for brmging in of 
David Leshe and all his troAvps by whom we obteind that glorious victorie 
over our enemies ^ by which meanes we now enjoy ane good and prosperous 
peace nevir to be forgotten And thaii-foir the said Counsell of new ratifies 
and approves the said treattie with the delyverie of the haill prisoneris 
and ordaines the saidis actis to be registrat and insert of new quhairof the 
tenour followes Vigesimo die mensis Augusti Anno Domini miUesimo sex- 
centesimo quadragesimo quinto The quhilk day the Provest bailUes and 
counsell ordinar and extraordinar swa many as wes within the Toun for 
the tyme being convejmd with als many of the nighbouris as could be 
fund within the Toun and haveing resaved ane letter from the Earle of 
Montrose his Majesties heutennent general of this Kingdome (so designed 
be himseUf ) quhairof the tenour followis Loveing freindis Notwithstanding 
of your former miscariage and continuance in this present rebellioun quhilk 
might move us to use all the rigour and severitie you have just he deserved 
Thes ar to wiU and requyre yow in his Majesties name and auctoritie and 
as yow will testifie your loyaltie to his Majestie and tender your owen 
saftie that yow will immediatlie efter sight heh'of inlairge and putt to 
libertie all such of our people as ar prisoneris with yow and in particular 
ar the Earle of Crawfuird and Lord Ogilvie witii all utheris within your 
Tolbuith and direct them to the armie Quhich if yow doe yow sail be 
assured not onlie to have your bygane enormities past and forgott bot to 
have all the favour and protectioun from us you can ather expect or deserve 
heireftir Bot if yow refuis or neglect yow saU obliedge us to use all the 
just recentment agains yow and your Toun by fyre and sword that can be 
used agains rebells and principall fomenters of so treasonable and unnaturall 
rebellion Thus expecting your reddie performance and reall obedience 
heirunto We rest your loveing freind sic subscribitur Montrose From our 
• The battle of Philiphaugh, fought on 13th September. 



OF THE BURGH OF EDINBURGH 75 

camp at Bothwell 19 August 1645 Quliilk letter being read and intiniat 
unto them and they considering withall their present weaknes and inabihtie 
and not being wilhng to expose the Toun to the threatning offered thau-foir 
they all agried in ane voice that the said Lodovik Lyndsey and James 
Ogilvie sould be at this tyme sent unto him and liberat fm'th of the Tolbuith 
quhair they wer incarcerat. Vicjesimo sexto die mensis Atigusti Aiuio 
Domini i'" vi" quadragesimo quinto The quhillv day Sir Jo" Smyth ^ Provest 
of the Brugh of Edinburgh Andi'o Sympsone Robert Achiesone James 
Alisone baillies thau'of [certain of the council and deacons, twenty-six neigh- 
bours] with divers utheris within the Toun for the tyme haveing resaved 
letteres direct to them from the late Earle of Montrose his Majesties 
lieutennent general! (so designed be himselff ) for hberattmg the rest of the 
prisoners furth of tlieir waird from Captane Robert Nisbet sone to the 
lau'd of West Nisbet under paine to be followit with fyre and sword and 
as is conteynit in the other letter delyvered of befoir be young Powrie 
Ogilvie young Tulhalan Yet nevirtheles they considering that thair wes a 
meitting of the Committee of Estaitts with the haill power and forces of 
the thrie adjacent shyres at Carberrihill the magistratts did then deall 
most earnesthe ^\^th the said gentilman not to pves ane present answer 
till the nixt day at twa eftirnoone quhau'unto eftir lang uitreattie and 
by great importunitie they condiscendit and in the meintyme they sent 
alongs the letter to the Committee at Carberriehill with Robert Foullis 
ane of their citizens lykas also befou' him they sent fowr utheris of their 
number with thrie ministeris to consult and deall with the Committee and 
forces at Carberriehill anent the defence of the Toun and tuiching the 
matter of the prisoneris who retm'ned without any order or advyce thair- 
anent in word or writt bot be the contrau' notwithstanding of their severall 
messages sent by then" commissioneris and ministeris still craveing aid 
and mutuall defence nothing wes returnetl bot plainlie told that they wer 
left altogidder to doe for themselffis Withall considering how the laird of 
Cohngtoun with otheris of the shyre of Midlowthian promeisd to have 
fom- huncU'eth men sent in for defence of the Toun sex dayis agoe quliilk 
wes not done as also it wes affirmed and declaird be Cohngtoun that thair 
sould be in fyften hundreth hors out of tlie shyre of Midlowtliian besides 
the forces of eist and west Lowthians to he constantlie betwix Corstorphing 
and Redhall for the better preservatioun of the Toun and contrey quliilk 
lykwayis wes nawayis performit Considering lykwayis the weaknes of the 
Cittie how that by the providence of the almightie God tlirow the un- 

' For his action in this emergency. Sir John Smith was compelled to do penance on his 
knees in the East Kirk on Sunday 24th September 1646 (Procei:dings, Comminsion of General 
Assembly, i. 71, 72, 74). 



76 EXTRACTS FROM THE RECORDS 

exampled rage of the plague of pestilence there are scarce left thriescoir 
fensible persones to defend the Toun for maintenance quhairof scarce twa 
thowsand persounes would goodlie suffice and that a great paii't of the 
evidentis writts and registers of the Kingdome wes for the present therin 
togidder with ane great magasen of ammunitioun and camioun for the 
defence of the kuigdome witMn the boundis of Edinbiirgh and Leyth and 
that a gi'eat paixt of the substance and ritches of the citizens and mhabitantis 
wer under imminent hazard both within the said Toun and mthin the toun 
of Leyth and could by no meanes be transported be reasone of the great 
infectioun withui the Cittie Considermg also the weaknes and conditioun 
of their Castle quhair the plague of pestilence wes rageing and nothmg bot 
great peniittie and scarcitie of victualls both in Toun and Castle httle or 
no furnitiu"e at all comeing from the countrey the few souldieris also within 
the Toun being able to sterve for fault of viveris and the prisoneris within 
the jayles crying out most desperathe and bitterlie in the hearing of the 
magistratts that inrespect they wer liklie to sterve by famine and pestilence 
and wer not suppUed be the inhabitantis would undertake all wayis they 
could for their releife and vowed to kill the jaylor and their keiperis rather 
then suffer extremitie ^ Calhng also to mynd that the laird of Waughtoun 
did refuis to resave some of the speciall prisoneris to the Bas quhilk he 
wes ordained to doe be ane act of Parhament Remembering lykwajds that 
ane great number of prisoneris both in heigh and laiche Tolbuithis wer 
ordained to be interchanged be the Committee at Perth for sex or aught 
captanes and ensignes as also there wes promeist unto them some half 
a cro\\me some twentie sliillingis some eightenpence ^jer diem for their 
intertainment quhairof nevir one of them resaved ane penny quhilk wes 
the chief cans of theii- clamour and desperat resolutioun they had As also 
calling to mynd with great sorrow and greif the disastour our armie had 
gotten at Kilsyth and the prevaileing jDower of the enemie in all places of 
the countrey whither he sent owt his pairties whos jjower the magistratts 
and Toun of Edinbm'gh with their suburbs of Canogait West Port Potterraw 
and Pleasance wer on nawayis able to resist Thairfoir they resolved all 
in ane voice for eschewing of far greatter inconveniences and prevening of 
utter destructioun and mine of the Cittie and for the saftie of the Castle 
evidentis registeris and magasine of the kingdome all supphe being denyed 
and wanting to delyver the prisoneris. 

[The dean of gild renders an account of his intromissions with the 23,000 
marks left by James Dalgleishe. 

Water baUie of Leith, William Trotter : Baron baihes, Wihiam Trotter and 
James Bams.] 

' See p. 70 supra and note. 



OF THE BURGH OF EDINBURGH 77 

Ml October 1645. 

[Baron bailie of Broiighton and bailie quoad criminalia of the Canongate, 
John Bynnie. 

BaOies of the Canongate, William Forrester and Alexander Peiries.] 

Compeird James Guthrie skinner and declaired he had resaved fra [ciiurcii piate.i 
David Kinloch beddeU of the Eist Kirk thrie silver basens thrie silver 
lavers seventen basens Item the said David declaii'd that Thomas Patersone 
hes in his handis four silver cupps and twa silver basins. 

Electis John Dickesoun in the Potterraw to be oversier of the clenging [Cleaning of 
of the particular houses within this brugh and for oversieing the taking 
away of the fuiljde and muck of the brugh with power to him to punishe 
the disobeyeris of his ordouris. 

lOth October 1645. 
Quhairas the Estaitts of ParKament laitlie conveind at the brugh of (Bate or 

cxclmnKP.l 

Pertli in the moneth of August last did statute and ordaine that the rex 
doller sould pas at fyftie eight sliilling the crosse doller at 55^ the ryell of 
eight at 56^ kerdeques of weight at 20^ the rose nobill at eleven pund the 
Hungars dowkit at fyve pund the double pistoll at njoie pund quhich lies 
not taken such effect within this brugh as is requisite Tliairfoir ordaines 
proclamatioun to be maid throw this brugh with sound of drum to command 
and charge in our Soverane LorcUs name and in name and behalf of my 
lord Provest baillies and counsell of this brugh that the said speces of 
silver and gold sail pas at the rates and pryces abonewi'itten under the 
paines conteind in the act of Parliament maid thairanent. 

27t7i October 1645. 
Ordaines the wlioll counselleris and magistratts who ar absent to repair [Residence in 

the Town 1 

and reside witliin this brugh with all diligence with certificatioun of ane 
rigid GOUTS to be taken agains them. . . . 

5th November 1645. 

[The Council borrow 5,000 merks from M' John Chartres, minister at Currie. 
The sum of 3,000 merks of the above is given to John Hilstane, treasurer to 
the poor for distributing to the common necessities of the Town.] 

14:th November 1645. 

[Masters of Trinity Hospital, WUliam Mure and Alexander Cleghorne, wright]. 

Compeird Laurence Hendersone ane of the baillies and produced ane [Account of 
compt of the monejds borrowit be him from M"" Jo° Chartres quhairof the m°a"ey.T 
tenour folio wis Imprimis debursit to the prisoner is of the Tolbuith at 



78 



EXTRACTS FROM THE RECORDS 



command of the Lord Provest twentie crosse dolleris fyftie fyye pund 
Item at my lord Provests order to Doctor Rae fom'tie crosse dolleris at 
55^ the peice ane hundreth and ten pund Item conforme to the heutennent 
Colonellis compt for fowr weilvis wages for the sogers and for coall and candle 
four hunder four scoir fyve pund twelff shilUng And conforme to ane compt 
given to Jo" HiUstoun ane weik fourtie four pund second weili threttie 
nyne pund tlirid weik threttie fyve pund fourth weik fourtie pund Item 
to Johne Diksone at my lord Provests order I gave him upon accompt 
thrie hundreth threttie thrie pundis sex shillingis eight pennyes Item at 
ordour of my lord Provest to Thomas Leishman to distribute to the publict 
necessities of this brugh four hunder pund Item at ordour of my lord 
Provest to Jo" Hillstoun quha is now in Thomas Leishmans place twa 
thowsand pund Summa of all is thrie thowsand thrie hundreth four scou- 
thrie pund eighten shillingis sex pennyes The compter charges himselff with 
the soume of thrie thowsand thrie hundreth threttie thrie pund sex shillingis 
eight pennyes resaved from M'" Jo" Chartres and discharges himseUf with 
the soume of thrie thowsand thrie hunder fourscoir thrie pund eighten 
shilling sex pennyes Swa the dischairge exceidis the charge in the soume 
of fyftie pund seven shilUng tiie quhilk fyftie pimd seven shilhng he resaved 
fra Jo" Hillstoun Swa this charge and discharge ar equall. 



[College at 
Linlithgow.] 



[Money 
collected for 
armour.] 



IQth November 1645. 

Forsameikle as the counsell finding it most necessar that the schoUeris 
of the Colledge be not frustrat in the progres of their coiu-s within the 
said Colledge and that thair is no appearance that the people can be 
moved to send their children to this Toun Thaii-foir they have agried with 
advyce of the Principle and Regentis present that thair be sufficient rowmes 
provydit for them in the toun of Linlithgow and ordaines James Barns 
thesam'er to the Colledge to deburse the expensis upon the saidis rowmes. . . . 

Compeird Jo" Pearsone baillie and granted him to have in his handis 
collected be him as thesaurer to the dean of gild his counsell the soume of 
sex hundreth four scoir twa pund money fra the nighboiiris for buying 
of airmour quhich soume they ordaine him to delyver to Jo" Hillstoun 
thesaurer for serving the poor. . . . 

2lst November 1645. 

[Sir John Smith and Robert Mackean are chosen commissioners to the 
Parliament to be held at S' Andrews. ^ 

James Crawfuird in Leith is admitted burgess and gildbrother gratis.] 

' An act of this Parliament is noted by the Convention of Burghs in 1649 (Rec. Conv. 
R.B. iii. p. 333). It was by this Parliament that several of Montrose's followers were con- 
demned, among them Nathaniel Gordon and Sir Robert Spottiswoode, who were executed 



OF THK BURGH OF EDINBURGH 79 

10th December 1645. 

The counsell graunts to James Stewart ane of the bailhes the dask m [cimrch scat.) 
the eist kirk possessd be umqiihile D'' Arnott . . . for payment of such 
dewtie as the counsell may appoynt. 

\2th December 1645. 

Ordaines James Stewart present bailhe to pas to S' Androis to my tfoimcu 
lord Provest of this brugh and to delyver to his Lo. the counsell minut book 
to be used be his Lo. as his Lo. sail think good ... as also to show my 
lord Provest by a letter quhat is past heiranent and to desyre his Lo. to 
be cairfull for the redelyverie of this book.^ 

31s< December 1645. 

[The minute book is returned.] 

ComjDeird Jo" Scott watch master and producit some aid silver wark [Legacy to 
quhilk perteind to umquliile Michaell Fraser left be him to the Toun quhilk 
the counsell causit Jo" Milne goklsmyth weigh in their presence being 
threttie fowr unces and ane quarter of ane ounce and lykwayis twa gold 
ringis withowt stanes quhilk weighed ten drop twelff graines the quhilk 
the counsell dehvered to Jo" Hillstoun to be sold for the Touns use and 
out of the first end thairof to pay to Jo" Scott fyften pund twelff shilhngis 
quhilk wes resting to him be Michael Fraser for the pryce of ane hors. 

14</j Jamuiry 1646. 

Quhairas the counsell havemg resaved letteres from my lord Provest (Letters from 
out of S* Androis quhiUi being read the counsell approvit the same and "^ "^°* ' 
ordaines to wryt ane answer to his Lo. and to send ane of their owen number 
with the same. . . . 

28fh January 1646. 

The baillies dean of gild thesaurer counsell and deakens of craftis being [Bauie courts] 
conveynit in counsell ordaines the baillies to begin with all chligence to 
hold Courtis and administrat justice according to use and custome and 
to open the clerk chalmer door that it may be patent to all the hedges. . . . 

on 20th January 1646. The names of these two Edinburgh commissioners do not appear 
in the list of the burghs (^.P..S. vi. p. 47.5). This was apparently because they were to be tried 
for suspected comphance with the enemy. The commissioners for Linlithgow, which town 
also had released royahst prisoners, similarly were to be tried. 

' See p. 78, 21st November, and note, also Introduction, pp. 9, 10. 



80 EXTRACTS FROM THE RECORDS 

ZOth January 1646. 
Proriamatioun Forsameikle as be keipiiis up of goodis the tvme of this pestilence and 

agains unclean t ■ n ■ ■ r t i i t • r • m^ • r • 

goodis. hoording thau'oi it is leared that danger may ensew thaireitu- ihairroir 

ordaines proclamatioun . . . that all persounes quhatsumevu- who hes any 
such like goods that they caus cleing the samen instanthe with certifica- 
sioun that quhatsoevLr sail ensue or come to light thau'by the imputatioun 
thairof sail be laid to then- charge and sail be punished with death or 
utherwayis according to justice. 

Uh February 1646. 

[Proclamation Forsamcikle as the good Toun hath bein and is greathe abused by 

houses.] suffering strangeris vagaboundis unfrie persones beggeris poor and indigent 

bodies to plant and have theii- habitatioun and dwelling within this brugh 
by the wliich meanes of the saidis unfrie persones and such as they resett 
the Toun is defy led with all kynd of vyce, the Ubertie of friemen usurped 
by the saidis unfrie persones, the Toun overburdened with sustening of 
that kynd of peo^ile their wyffes children and such as they resett in tyme 
of pestilence or famine and the monethhe contributioun appoynted for 
their owen poor imployed and consumed upon them For remeid quhaii'of 
it is thoght expecUent statute and ordained that no persone sett than- 
housis or landis in tyme comeing to any unfrie persones that ar not landit 
gentlemen or memberis of the Colledge of Justice withowt a speciall ticket 
of a bailUe in the quarter in wTitt under the pauie of ane unlaw of twentie 
pund to be taken of the setteris and owneris of the landis for ilk persone to 
quhom their land or hows ar sett with the escheitt of ane yeu'is maill to 
the Touns use And farder to sustein their tennentis in tyme of neid and to 
make the Toun frie thairof And quhair any landis or housses ar set to such 
jjersones that the owneris or setteris remove and put the saidis persones 
thau'fra instanthe and wanne them tymousUe for that effect under the 
liaine foirsaid And is found and declaired that the bailUes sail give no 
ticket to the saidis unfrie persones bot upoun cautioun to be found and 
acted in the Touns bookis that they sail observe and keip the heids following 
to witt That they sail resave na vagabounchs nor maisterles persones within 
thair houses under the paine of twentie pundis swa oft as they failyie Item 
that they sail use no unlawfuU vocatioun nor usm'pe the hbertie of ane 
frieman under the said paine Item that nather they their servandis wyfes 
nor cluldren sail be burdenable to the good Toun under the paine of ane 
unlaw of ane hundreth merkis Item that they sail be nawayis disobedient 
to the kirk or magistratts or officeris of the said brugh under the said paine 
and their paines to be payit be the saidis cautioneris And farder it is statut 



OF THE BURGH OF EDINBURGH 81 

and ordained that all owtland poor beggaris and other poor that hath 
not remained and dwelt within this brugh thir seven yeiris bygane confornie 
to the act of Parliament remove and chspatche themselffis furth of this 
brugh boundis and liberties thairof swa that they be not fund nor sein 
within the sanien at any tyme heireftir under the paine of putting them 
in the theifis lioll 48 liouris for the fii'st fait and scourging swa oft as they 
sail be fund heireftu". 

nth February 1646. 

[Election of new deacon of the wrights.] 

Ordames to wiyt for thes of the counsell who ar absent to be present [Summons to 
upon Fryday nixt to advys quhat may occur or be presented in the Touns 
affaires. . . . 

I8th Februanj 1646. 

[Presentation of M' George Leshe to be minister at Holyroodhouse. The fact 
that he was assistant to M' Matthew Weymes is to form no precedent to any 
future assistant there to claim a similar presentation.] 

Ordaines the Grammer Schooll to be conveind at this brugh the tenth [High school.] 
of Marche nixt and ordaines the master and undermasteris to be acquaint 
thairwith as also the presbytrie of Edinburgh with the presbytrie of 
Dalkeith.i 

20th February 1646. 

Forsameikle as upon the eight of October last James Guthrie compeii'and [church Plate] 
resaved from David Kinloch thrie silver basins thrie silver laweris seven tin 
basins as lykwaj'^is Thomas Patersone compeu'and confessd the resaitt 
of fowr silver cupps and twa silver basins TliairfoLr the counsel! ordaines 
the said James to delyver to David Kinloche the saidis cupps quhich wer 
putt in his handis.^ 

25«A February 1646. 

[A complaint made by the brewers of Leith agamst unfreemen is given to 
a committee to consider and report. 

M'' [ ] Hog, muiister at Lmtoun, is appointed assistant to M'' George 
Leshe, muoister at Holyroodhouse.] 

Considering the great prejudice the good Toim sustems by the multitude [Price of 
of friemen admitted on small or no pryce ordaines that from hence furth 
there be a totall restraint of admitting any burgessis except such as have 
just right thairto till a committee of the Counsell sail make ane report of 
quhat pryce they find expedient to be set doun as competent for the friedome 
and the counsell sail condiscend thairupoun and appoynts the baillies 
1 See p. 67 supra. ^ See p. 77 supra. 



g^ 



EXTRACTS FROM THE RECORDS 



[Guard for 
Town.] 



dean of gild thesaurer [and thirteen persons to meet and report thereupon to 
the council]. 

ith March 1646. 

Finding it most necessar that ane cours may be taken for the better 
guairding and strenthning of the Toun quliich they have fund unanimelie 
to be most necessar Thairfoir they appoynt the Provest baillies dean of 
gild thesaurer [ten other persons and Colonel James Rae] to meitt and 
convein and to desyre the concurrance and help of the generall of artikie 
Jo° MUiie and Jo° Scott and to confer anent the strenthening of the Toun 
and to lay doun wayis for procureing money for effectuatting thaii-of and 
to report And becaus it may fall owtt that the inhabitants may leive the 
Toun and not repair thairto in silv a tyme of stress and necessitie thairfou- 
they have statute and ordained that all the inhabitants and burgessis 
thairof sail repair thairto betwix and the twentie day of Marche instant 
and remaine and abyd in the Toun with their families and not goe furth 
thairof withowt speciaU Hcence from the magistratts and oounsell thairof 
under the paine of thrie hundreth merkis to be payit by ilk pairtie failyiour 
and ordaines that for the moir speidie payment that their houses may be 
poyiidit and the reddiest of their moveables intrometted with and sauld 
and ordaines the saidis penalties to be imployed toward the strenthening 
and fortificatioun of the good Toun. . . . 



5th March 1646. 

[Coimcil for 1645-6 : Provost, Sir John Smyth ; Bailies, James Rucheid, John 
Pearsouu, Laurence Hendersone, James Stewart ; Dea?i of gild, George Suittie ; 
Treasurer, John Jossie ; Council, Sir Wilham Gray, Andrew Sympsoun, Robert 
Achiesoun, John Ingles, James Aliesoun, Robert Fleymiiig, John Fairholme, 
David Wilkie, Robert FoulUs, John Ronnald, James Monteith, [pewtcrer], John 
Thomsone, [taOor] ; Ordinarij Deacons, Robert McKean, skmner, Adam Lamb, 
goldsmith, Alexander Pennycuik, surgeon, Gilbert Sommervell, tailor, Thomas 
Ingles, hammerman, James Broun, shoemaker ; Extraordinary Deacons, Thomas 
Ainslie, mason, James Twedie, wright, Patrick Stenhops, baker, [Adam SteiU] ^ 
flesher, Thomas Sommervell, furrier, WUham Sklaitter, weaver, John Crystie, 
waulker, Frances Red, bonnetmaker.] 



[Sir William 
Dick's debts.] 



%th March 1646. 

[Election of kirk council and collector of kirk rents.] 

Appoyntis to speak with Sir Wilham Dick anent the soumes of money 
awand be him to the CoUedge to the hospitall at Leyth Wynd fute to 
Heriots hospitall anent his band of ten thowsand merkis of the Bishoprik 
* Elected in place of umquhile William Blythman on 14th November 1645. 



OF THE BURGH OF EDINBURGH 83 

of Orkney the dewtie of the societie his bygane stents and any uther debtis 
awand be him to the good Toun the persones followmg viz. Sir Jo° Smyth 
Provest George Siiittie dean of gUd Jo° Fairholme old thesaurer Johne 
Bynnie Gilbert Sommervell. 

Finding that Sir Jo° Hay then M'' Jo° Hay wes upon the fyften day [Appointment 

*^ ^ "^ "^ uf new Town 

of May i^ vi^ and eighten yeiris admitted and resaved conjunct clerk of cierk.] 
this brugh with M^ Alex'' Guthrie present clerk of this brugh and the 
commoun clerkshipp of this brugh wes cUsponed to them be our predicessouris 
conjuncthe and severallie the langest Hver of them twa and their deputtis 
to be appoynted be them with consent of the Provest baillies and counsell 
of this brugh and that dureing the good jjleasure of the Provest baillies and 
Toun counsell of this brugh and their successom-is and that upon the 
conditiouns and provisiouns tharrin conteind as the gift graunted unto them 
of the daitt the twentie fourt day of Junii i™ vi*^ and aughten yeu-is at 
mair lenth beiris And now they finding that the said Sir Jo" haveing bein 
of long tyme heu'tofore preferrd to ane place of higher degrie within this 
krngdome lies alltogidder deserted the same of ane long tyme ^ and that 
the said M'' Alex'' finding the charge to be too burdenable to him alone and 
hes supplicat lis for ane helper in thir his more infirm yeiris and lies desyred 
that WiUiam Thomsone merchand might be conjoyned with him in the 
said office of commoun clerkshipp With the quhilk desyre the saidis Provest 
baillies counsell and deakens of craftis being ryplie advysed they have for 
good and thankfull service done and to be done be him agried thairunto 
and tliairfoir the saidis Provest baillies counsell and deakens of craftis be 
thir presentis declaires their will anent the said gift graunted to the said 
Sir Jo" Hay and ordaines the same to be void in swa far as concernes the 
said Sir Jo" Hay and the said M"" Alex'' thaireftir haveing instantlie at the 
making of tliu' j^reseiitis dimitted his said office in the liandis of the said 
Provest baillies counsell and deakens of craftis to the effect ane new gift 
might be granted to him and the said William Thomsone in maner under- 
specifiet Theirfoir the said Provest baillies counsell and deakens of craftis 
have of new admitted and admitts the said M'' Alex'' Guthrie and William 
Thomsone to the said office of Toun clerkshipjD and ordaines ane gift to 
be exped to the said M^ Alex'' and WiUiam Thomsone conjuncthe and 
severallie and to the langest hver of them twa of the said office with all 
casualities and fies belonging to the samen With power to them conjuncthe 
and severalie to exerce the said office in aU poyiitis of the samen als frielie 
and in all respectis as any commoun clerkis within the brugh exerced the 

' Sir John Hay, since his appointment, had been Lord Provost in 1638, had been imprisoned 
as an Incendiary in 1641 and liberated, had gone to England, had joined the Marquis of 
Montrose, had been at the battle of Philiphaugh, taken prisoner, and narrowly escaped with 
his life. 



84 EXTRACTS FROM THE RECORDS 

samen befoir in most ample forme under theii' siibscriiJtiouns and seall of 
caus and under the provisiouns theirin to be conteind And the said Wilham 
Thomsone compeirand with the said M' Alex'' they both accepted the said 
office in and upon them and gave their aithis de fideli administratione. 

nth March 1646. 

Agried that the Colledge sail remove from the Toun of Linlithgow and 
repair to the good Toun againe the first day of Apryll nixtocum.^ 
Act anent the Forsameikle as the Provest baillies and counsell of Edinburgh barrouns 

brewers of aui of the baronie of Leyth finding that the said toun is erected to them in 
Leith. ane frie brugh of barronie and yit notwithstanding thairof divers persounes 

comes thither and taks upon them any kynd of trade they pleis as making 
of malt venting of wyne selling of aill and beir and useing of all uther 
trades without acknowledging them as superiouris thanof as if they wer 
exempted from all law and ordoiu- and speciaUie in making of malt venting 
of wyne and keiping of ostlaries quhiUv is lyk to draw to ane great confusioun 
in the order of government of the said toun and to the hurt and prejudice 
of all his Majesties hedgis resorting thither Thairfoir the saidis Provest 
baillies and counsell lies statute and ordained that na maner of persones 
tak upon hand to make malt vent wyne or tap sell or brew any ben or aill 
or keip hostlaries without they be admitted thairto be the saidis Provest 
baillies and counsell and obtein their licence to that effect And leist his 
Majesties Hegis repaireing to the said toun sould be disappoyntit the same 
being ane throwfairing toun Thau-foir they have electit and nominatted 
the persones underwrittin to be maltmen and brewars in the said toun upon 
the conditiouns and provisiouns eftnspecifiet viz. That they sail mak na 
convocatiouns nor keip meittingis without the consent or knowledge and 
in presence of their baiUies of Leyth Item that they saU grind aU their malt 
to be browen be them in the touns milnes Item that they sail not suffer 
any man to mak any malt mthin their barns nor associat nor be pairtner 
with any maltman in making of malt wha is not admittit to the hbertie 
thairof be the said lord Provest baiUies and counsell of Edinburgh with 
consent of the calling They sail brew no malt within the said toun of Leyth 
bot that quhillv is maid there and ground at the touns milnes under paine 
of confiscatioun and lossing of the failyiers libertie They sail do notliing 
hurtfull nor prejucUciaU to the good Toun They sail in aU questiouns and 
debeatts among themselffis quhilk be the priviledgis and Hberties of this 
brugh aught to be decydit befoir the said Provest and bailhes of this brugh 

1 See 67 supra. The proceedings of the Committee of Estates record on 3rd March a 
letter sent to Edinburgh desiring to be informed of the state of infection and " whether or 
not the Committee may saiflie reside there which they much desire." 



OF THE BURGH OF EDINBURGH 85 

or their baillies in Leyth submit themselffis to their judgement and decisioun 
and in special not convein utheris befoir the sheriff and sail use the toun 
clerk of Leyth in wryting of their writts and securities reserving allwayis 
to the lordis of Sessioun and his Majesties secret counsell tlieir priviledgis 
intire befoir quhom it sail be leasome to persew any one another for quhat- 
sumevii' causes conforme to the priviledgis grauntit to them Item they 
sail admitt and resave nane to mak malt in Leyth bot he sail be first 
recommendit to them be the saidis Provest baillies and counsel! of Edinburgh 
for trying of their sufficiencie and qualificatioun and tharreftLr sail obtein 
licence thairof from the saidis Provest baiUies and counsell as also from the 
calhng Item it is statute and ordained that at the admissioun of any persone 
to the said calhng of maldng of malt in the said toun of Leyth he sail pay 
for his hbertie to the good Toun the soume of ane hundreth merkis and 
to the boxe for use of the poor in the said calling the soume of ane uther 
hundreth merkis Item ilk maltmans sone entering to the said calling sail 
pay to the good Toun at their entrie the soume of twentie merkis befoir 
or at his admissioun and twentie merkis to the box of the poor Item the 
said maltmen sail chois yeirhe ane boxniaster in presence and with consent 
of the watter baillie quha sail mak faith to the watter baillie that he sail 
conceall nothmg quhich sould be put in the said box nor tak nothing owt 
thau'of excejjt in presence and with consent of the said watter baillie and 
incaice of faUyie they sail be obleidged to delyver ane key to the said watter 
bailhe for eschewing the lyk faultis in tyme comeing And finaUie in all 
thingis they sail carie themselffis as dewtifuU and obedient vassals to the 
good Toun according to the lawis of this kmgdome. [The Council hereafter 
admit thirty-four persons to make malt and brew ale and beer m Leith.] It 
is also heirby speciallie provydit and declaired that everie persone wha 
sail make malt in the said toun sail pay to the poors boxe of the said calling 
for ilk chalder of malt fom-tie pennyes according to use and wont and 
the pau'tie failyier sail pay the soume of ten merkis toties quoties the ane 
half to the superiour and the uther half to the poores boxe. . . . 

Admitts Alex^ Skirvine servitour to umquhile Thomas Dodis to be [Town 
ordinarie plumber to the Toun ... he working at the rates his umquhile 
maister wes wont to worke . . . 

12th March 1646. 
[A committee is appointed to meet twice weekly anent the excise.] 

Uth March 1646. 

[The gift of the common clerkship is recorded at length, including the table 
of fees, in the minute book.] 

r2 



S6 



EXTRACTS FROM THE RECORDS 



25th March 1646. 

[ExciFe] Forsameikle as the coimsell haveing graunted unto them the excys of 

this brugh for paying such soumes of money awghten to them as is conteind 
in the act granted by the Estaitts to the good Toun pendicles and liberties 
thairof^ and becaus be bygone exi^erience they find that in uptaking 
thairof there occurs many difficulties of swearmg cursmg lieing concealling 
and defrauding Thau'fou- and for eschewing the lyk in tyme comeing 
and facihtating the way thairof they have thoght good statute and ordained 
that the said excys be uplifted of all excysable goodis from the tapsteris 
ventneris and all uther retailleris thairof at the ports be the collectouris 
appoynted be the CounseU for uplifting the same Thairfoir to command and 
charge in oiu- Soverane Lordis name and in name and behalf of the Provest 
baillies and counsell of this brugh that all the saidis vintners and retailers 
answer and obey the saids collectouris under pame of confiscatioun of the 
saidis goodis and punishment of their persones at the will of the magistratts. 

[John Hutchiesoun, servant of Alexander Hamilton, general of the artillery, 
is admitted burgess and gildbrother gratis.] 



27th March 1646. 

[The bonds belonging to the late James Dalgleish are dehvered to the old 
Treasurer.] 

Hous of office Forsameikle as the Provest baiUies and counsell of this brugh haveing 

billets to the grauntit unto them the excys of this brugh with the excys of the pendicles 
guidis. and pertinentis thairof for payment to them of such soumes of money 

awand to them as is conteind in the act of the Committee of Estaitts maid 
thairanent and becaus be bygane experience they find that in the uptaking 
thairof there occurrs many difficulties as swearing cursing lieing concealling 
and defrauding Thairfoir tliey have appoynted ane hous of office for the 
said excys under the new Tolbuith quhairunto aU jiairties haveing entres 
thairin sail repair and resave ane billett from the helpers thairof quhich 
sail be ane warrand to them for permitting then guids to enter at the ports 
within this brugh and lies ordained that the said excysable goodis sail mak 
payment of then excys at the giveing up of the same to the keiper of the 
said office and siklyk lies ordained that no persone within this brugh resave 
within their houses any ben- aill or wyne to be topjied run or drunken thairin 
till he resave ane billet from the said office of excys under paine of con- 
fiscatioun of the samen and further punishment according to the will of the 
magistratts. . . . 

' See p. 63 supra and note. 



OF THE BURGH OF EDINBURGH 87 

Graunts unto Jo" Mill musician for ane help to tak up ane musik schooll (Music school.] 
the soume of four scoir merkis yeirlie. . . . 

Graunts unto Robert Watsone musician for ane helja to tak up ane musik [Music sciiooi.] 
schooll the lyk soume of four scon- merkis yeirlie . . . the said Robert 
being obleist to attend the mid kirk quhair M"" Andro Ramsay is minister 
and for that effect recommends him to the sessioun for ane allowance. 

Ordaines Jo° Ingles to accept and exerce the office of kirk thesaurer. iKitk 

Treasurer.] 

1st April 1646. 

[George Wauchope and George Marshell, tailor, are elected masters of 
S* Paul's Work. Certain writs, produced by William Twedie and John Gairdyne 
are dehvered to them. 

George Suittie and Robert Maekean are elected commissioners to the conven- 
tion of burghs at Burntisland on 7"" April. Assessors also are appointed.] 

Zrd April 1646. 
Forsameikle as the Toun being burdened with debtt and the commoun Anent ttie pay- 

, ... •!! I merit of uew 

rent in thir troublesome tymes not being put to the hiest availl so that teunents and 
they ar broght to that strait that their commoun good ar not able to pay 
the annuakentis of their debtis and finding that there appertaines to them 
the landis pertaining to them balden of the baronie of Restahig for certane 
pittie few dewties not worthie of the ingathermg and the inhabitants 
burdened with certane dayis taskis or dargs in harvest quhich ar unusefuU 
to the good Toun and yet in tyme of outsettmg thairof wes of good 
importance The counseU lies thoght good that the samen sail be fewit as 
they wer of old and that the new tennents and intrants sail pay for their 
entrie for everie hunch-eth pundis the soume of ane hundreth merkis and 
swa furth accordinghe for the saidis haill land holden of the barronie of 
Restalrig and this notwithstanding the usuaU custome of the haiU superiouris 
in this kingdome who lies allowit to them ane fuU yeirs dewtie of their 
landis be the lawis and practique of this kingdome quhich the counsell 
reserves in their awin handis to be disposed upon and declairs that quhat- 
sumevir new tennentis or new intrantis sail conceaU or use any meanis for 
conceaUing of the trew vahditie of their maills or trew vaHditie of their 
landis quhen the thesaurer appoyntit for visiteing thairof sail find the 
samen conceilment then and in that caice the said new intrant or new 
tennent sail resave na favour bot be subject for payment of his haill yeirs 
rent And ordaines this ordour to be keipit in all tyme comeing And for 
entrie of aires it is thoght good that the author his proportionable part 
conteind in the reddendo of his charter of sheirars dargs and uther services 
sail be had in consideratioun and the said services modified to ane pecuniall 



88 



EXTRACTS FROM THE RECORDS 



soume be the counsell to be contained in the said chartoiu- in place of the 
said service And if the saidis airis sail refuis the said modificatioun or 
conversioun in that caice the saidis aires or buyeris sail be astrictit for 
personal! and reall service conforme to the chartour As also declairs that 
all comprysers sail be taken in consideratioun and ane yearis dewtie exactit 
of them Quhich if they sail refuis that then the counsell if they sail think 
good sail put themselffis in place of the said compryseris conforme to the 
lawis of the kingdome And syklyk the counsell hes ordained and ordaines 
that at the receptioun of any new tennent or new fewars within the Canogait 
or North Syde of Leyth lyand within the baronie of Broghtoun that the 
said new intrant sail pay for everie hundreth pund of maill fourtie pundis 
of entrie and fourtie shillingis of few dewtie. 

[Mr Thomas Speir, son of the late Thomas Speir, merchant, and Mr Andrew 
Suittie, nephew of George Suittie, dean of gild, are appointed keepers of the 
College library with a salary of 300 merks each. It is provided that when one of 
these places is vacant, there shall be onlj^ one keeper with a salary of 400 merks.] 



[Sir William 
Dick's debts.) 



For staying 
the scholleris 
at Linlithgow. 



lOth April 1646. 

Forsameikle as the Estaitts of this kingdome haveing borrowed from 
Sir William Dick the soume of twa hundreth thowsand merkis quhairupon 
they did give him band lykas Sir Jo° Smyth and umquhile Richard Maxwell 
commissioneris for this brugh for the tyme at command of the counsell 
did subscryve with the rest ane band to the said Sir WUham Dick of 2500 
merkis liquidat be the Estaites for the Touns pant thairof and for which 
the said Sir Jo" Smyth is since chairgit to make pajouent to the said 
Sir WiUiam Dick and thairfoh ordaines of new the lyk soume to be allowed 
to the said Sir William Dick of such soumes of money as he is awand to the 
hospitall at Leyth Wynd fute conforme to ane act the sevent of Marche 
jm yjc threttie njme yeiris. 

nth April 1646. 

Ordaines the Primar of the Colledge to wrytt a letter for staying the 
scholleris fra cuming owt of Linhthgow till it be further seiia quhat event 
may be of the houses laitlie infected and ordaines the thesaurer to pay to 
the Primar such charges as he sail deburs for sending ane expres for that 
bussines.^ 

[Mr Thomas Nicolsoun is elected assessor in place of Sir Thomas Nicolsone, 
lately deceased.] 

' See p. 84 supra. 



OF THE BURGH OF EDINBURGH 89 

227id April 1646. 

[The bond by the vintners of Leith is entered in the minute book as follows] : 
Forsameikle as us undersubsciyving finding and resenting that the Provest ^^gj^f,",'^''^ °'^ 
baillies and counsell of Edinburgh lordis superiouris of the toun of Leith 
in whais handis the superioritie of the said toun of Leytli is divolved be 
his Majestie and his royall progenitouris and to whom the said toun of 
Leith is erected m ane brugh of barronie That they owt of their earnest 
caire and solicitude for keijiing of good ordour thah'in and avoiding of the 
confusioun which liatli bein formerhe used and for keiping of good ordour 
amongst the inhabitantis thairof for the better serving of his Majesties 
liedgis resorting thairto lies thoght good and expedient that the number 
of vintners of wyne within the said toun sail be redacted to a lesser number 
and hes discharged all utlieris bot such as they have thoght or sail think 
exjDedient and neidfull for venting and rinning of wyne within the said 
toun of Leith And since it hes pleased them for to mak choys of and to 
appoynt us undersubscrj^ving and to admitt us to the venting and rinning 
of wyne within the said toun and during theu' goodwill and pleasour 
Thairfoir we and everie ane of us binds and obleisis us that we nor nane of 
us sail doe anything hurtfuU or prejudicial! to the weill and liberties and 
common weill of the good Toun of Edinburgh and sail content and pay to 
the Provest bailhes and counsell of Edinburgh or to their thesaurer or to 
any uther persone quhom they sail appoynt for ingathering of the particular 
soumes conditioned to be payed yeirhe be ilk ane of us as followeth [Here 
follow the names of twenty-seven persons with the money payable by each] 
As also we bind and obleis us and everie ane of us that we sail not debaitt 
retain or top any wynes in smalls or in greatt bot sik as we sail buy fra 
the merchandis friemen of Edinburgh and incaice any of us sail failyie 
in any heid or article fonsaid we bind and obleis us ilk ane of us for ourselffis 
to content and pay to the thesaiu-er of the said briigh of Edinburgh the 
soume of twa hundreth pundis Scottis money toties quoties. [Signed by the 
said twenty-seven persons.] 

24:th April 1646. 

[Thomas Mure is admitted burgess gratis at desire of the Earl of Lanark. 
John Lithgow, servant of James Murray is admitted burgess and gUdbrother 
for the old ordinary dues. 

M' Alex'' Wedderburne, clerk of Dundee is admitted burgess and gUdbrother 
for the ordinary dues. 

John Dickiesoun in Potterrow for his services in time of plague is admitted 
burgess and gildbrother gratis. ^ 

James Dicksoun, writer, and David Aikinheid, collector of the kirk rents, are 
admitted burgesses and gUdbrethren by right of their wives for the ordinary dues.] 
' See p. 77 supra. He had been overseer for purifying infected houses. 



90 



EXTRACTS FROM THE RECORDS 



[Town's gaol.] Forsameiklc as the counsell finding it expedient for their owen securitie 
honour and credite that the goall be lookit unto and uther causes moveing 
them Tliah-foir they have concludit that the keiping of their goall be 
sequestrat and put in uther mens handis for a certane spaice and the present 
keiper removed during the said tyme ^ and for this effect have nominatted 
and appoynted Robert Foulhs and David Wilkie merchandis to be keiperis 
of their said goall in maner following viz. the said Robert Foullis sail keip 
the said goall till Weddensday nixt at twelff houris and the said David 
the nixt eight dayis thaireftir and so per vices weikhe durmg the counseUis 
pleasour and in the meantyme ordaines both of them with all dihgence to 
tak inspectioun and inventar of the haill keyis buikis and prisoneris And 
ordaines the baiUie Jo° Pearsone to concm- with them for that effect Lykas 
also the said Andro Whyte being conveind delyvered the great key of the 
Tolbuith in the handis of the Provest in name of the CounseU and in regaird 
the Counsell wer content to continue his servandis Jo" Whyte and Jo" Mill 
in their former trust and places Thairfoir the said Andro wes content for 
himselfif and in name of his cautioneris to stand bund and obleist in maner 
conteind in the band given be them to the good Toun. 

29<A April 1646. 

[The accounts of the merk per tun for the year 1643-4 show a charge of 
3,797" 6« 8'' and a discharge of 3,797" 6^ S'' in which is allowed the money still 
due by various persons, being 3,550" 13^ 4''.] 

[Vintners.] Ordaines the baillie James Rucheid and Jo" Binnie vnth. the dean of 

gild . . . Robert Mackean and James Broun with M^ Alex"' C4uthrie to 
meitt and confer with the vintners of the Canogait and North Leith and to 
agrie with them if possible upoun thes termes or the lyk that wes maid 
with the vintners on the south syde of Leith. 



[Excise.] 



[CoUege 
Library.] 



\st May 1646. 

Ordaines the baillies of Leith for the better furtherance and ingathering 
of the excys of Leyth to conduce ten souldieris allowing to ilk ane of them 
sex shilling Scotts per diem to help and assist the collectom-is thairof for 
taking up of the same and their pay to be allowed in the first of any nionejas 
so to be coUectit. . . . 

Ordaines the thesaurer of the Colledge ... to perfyt the bibUotheek 
with all dihgence. . . . 



' Andrew Whyte, the jailor, was accused of having expressed his sympathy with the 
Marquis of Montrose. He was examined before some of the Committee of Estates on the 
following day. See Appendix iv. 



OF THE BURGH OF EDINBURGH 91 

Appoyntis for the better ingathering of the excys and for gathering of [Excise] 
the billettis thairfoir [one person for each of the Netherbow, Cowgate, 
Potterrow, Society and West ports for a monthly fee to be paid from the excise] 
And inrespect that the souldieris helps the saidis attendaris to 
acknowledge them with some drinksilver according to the magistratts 
discretioun. . . . 

ith May 1646. 

Forsameikle as they haveing taken to their serious consideratioun the (Extent.] 
great biu-dens lyand on the common good of this brugh be the extraordinar 
and great soumes of money expendit and debursit be the magistratts thairof 
diu-eing the tyme of the heavie visitatioun of the pestilence upon the 
intertainment of poor seik peojjle clenging of the houses and streitts building 
of huttis keiping of liorsis and intertaining ane constant guaird of souldiers 
for preservatioun of the Toun quhich guaird must yet continue for the 
said purpose some certane monethis longer [therefore a tax of 50,000 merks 
is to be collected from all inliabitants and heritors of whatever quality. The 
proportion to be paid by each is to be settled by eight persons sworn thereto]. ^ 

6th May 1646. 

[The contents of the College Ubrary are checked with the inventory and found 
correct. 

John Ronnald is appointed overseer of the gaol in place of David Wilkic] 

8th May 1646. 

Statutis the weight of the twelfiF penny wheatt loaff to be fourten ounce [Bread.] 
being the best .sort The twelff penny loafe of the second sort of wheat breid 
caUit sour breid to weigh ane pund twa unce and ten drop The twelf penny 
loaf caUit masloch being the tlu-id sort to weigh ane pund seven ounce 
and fowr di'op and ordaines the baxteris of this brugh to sell their breid 
of the weight and fynnes and for the pryce abonewritten. 

[James Sommervell, servant of General Leslie, is admitted burgess and gild- 
brother gratis.] 

Idth May 1646. 

[James Bymiie, baker, is to be admitted gildbrother gratis.] 

Ibth May 1646. 
Ordaines James Eilhes thesaurer to the excys to pay to Jo" Forrester [Regiment.] 
the soume of thrie hundreth thriescoir fyften pundis money for buying 
of clothis shoes and uther necessars to the recruitt of Colonell Rae his 
regiment. . . . 

1 This extent was unusual, being raised for civic purposes only. 



92 



EXTRACTS FROM THE RECORDS 
I9th May 1646. 



[Freedom of Appoyntis for highting the pryce of the gildrie and burgeship of this 

brugh James Rucheid bailhe George Suittie dean of gild Sii* William Gray 
old Pro vest [and nine others]. 



Impositioun of 
stent on tlie 
toun of Leith 
. . . clenging 
. . . seik. 



20th May 1646. 

Compeird James Barns and Wilham Trotter baiUies of Leyth with 
M"" Alex' Gibsone minister there and declarit that there wes debursit for 
clenging of their toun maintenance of the poor the tyme of the visitatioun 
extending to twentie thowsand merkis or thau"by quhich is restand awand 
by and attour the soumes of money debursit be them of befoir For repayment 
quhairof the Counsell ordaines ane court to be halden in the said toun of 
Leyth be the saidis baiUies and some of the counsell to be appoyntit to 
that effect with all diligence . . . for laying on the said burden upon the 
nighbouris of Leyth with mutuaU consent. . . . ^ 



Comptis . . , 
use of poor. 



[Unfree 
trading.] 



22nd May 1646. 

The comptis of Patrik Thomsone thesaurer appoyntit . . . for suppheing 
of the poor Ijang under the present visitatioun since the first of July last 
jm Yjc fourtie fyve yeiris his comptis being heard his chairge is fund to 
extend to the soume of eleven thowsand thrie hundreth fourtie sex pundis 
sex shiUingis and his dischairge to extend to the soume of eleven thowsand 
thrie hundreth fj'ftie ane pund nyne shiUingis sex pennyes . . . And siklyk 
the comptis of Thomas Leishman thesaurer appoyntit for the said poor in 
August i^ vi'^ fourtie fyve yeiris his comptis being heard his chairge is 
fund to extend to the soume of fyve thowsand nyne hunch-eth thriescoir 
ten pundis twa pennyes and his chschairge to the soume of sex thowsand 
ane hundreth fjrften pund fjrften shilling ten pennyes. . . . 

Forsameikle as George Shaw and Jo° Aiild merchandis being conveind 
at the instance of Cohn Dalgleish customer of the weighous for paking 
and peiUing in Haymouth with unfriemen and for prejudging the weighous 
of Edinburgh the saidis George Shaw and Jo" Auld hes confest and thairfoir 
the counsell hes unlawit them and ilk ane of them in the soume of ane 
hundreth pundis togidder with the dewes of such soumes of money as 
would have come be their barganes to the said weighous at the sight of the 
thesaurer. . . . 

'The South Leith Records (pp. 54-66), edited by David Robertson, LL.B., Town Clerk of 
Edinburgh, give an account of the severe outbreak of pestilence in 1645. 



OF THE BURGH OF EDINBURGH 93 

27</i May 1646. 

Ordaines the dean of gild to cans delyver to Laurence Hendersone [cimrch at tiie 
thesaurer of the kirk at the Trone all such soumes of money as hes bein 
collectit in his courtis for the use of Sanct Pauls Warke or any uther coUectit 
of the preceiding dean of gild. . . . 

Forsameikle as the ruiff of the Grayfreir ku'k being alltogidder ruined (c.rayfriars 

o o Cliurcli.] 

Tlieirfoir the counsell ordaines the dean of gild to cans repair the samen 
with all diligence and to sark the samen swa far as is repaired. 

29th May 1G46. 

[The council, ministers and elders elect Robert Fleyming and Adam 
Lamb, goldsmith, commissioners to the General Assembly in the Town on 
3rd Jmie. 

The council, having set to Jo" Brotherstanes the petty customs and ballast 
boats of Leith for 7,800 merks, in consideration of the present calamity agree to 
excuse him 3,000 merks. 

The council, ministers, principal and professors elect M'' John Adamsone, 
principal, commissioner for the College to the Assembly.] 

Srd June 1646. 

Graunts testimoniall . . . that the good shipp eaUit the Jonet of Leith [Trade] 
quhairof Wilham Thomsone is master perteins and belongis to Sir WiUiam 
Dick George Suittie William Dick younger and Patrik Thomsone merchandis 
as also that the malt irone and cables sliiped in the said shipp to be trans- 
ported to Air belongeth to Ro* Gordoun and Jo" Fergusone merchandis in 
Air. . . . 

10th June 1646, Post meridiem. 

[The Council with some of the extraordinary deacons and kirk sessions and [Ministers.] 
sundry neighbours] considering the necessitie this brugli hes of thrie 
ministeris mae then they have aUreddie and it being rei:)resentit be the 
magistratts and counsell that the kirk rentis teyndis ground annuells and 
uther mortificatiouns graunted for the maintenance of the ministrie of 
this brugh is not sufficient to pay the ministeris and precentoris stipendis 
aUreddie provydit and for cleu'ing heirof did offer their haill giftis rights 
and mortificatiouns with ane rentall of the rentis foirsaidis to the view 
and consideratioun of the ministrie kirk sessioun and nighbouris to the 
effect they might compair the samen with the stipends payable to the 
ministeris and precenteris allreadie provydit But fearing to slipp the 
opportunitie of the General Assemblie now sitting within this brugh whais 



94 EXTRACTS FROM THE RECORDS 

auctoritie is requisite and quhich they thoght necessarie at this tyme to 
crave for transportatioun of such thrie ministeris as sail be elected . . . and 
thairfoir they did forbeir for the present the reviseing and consideratioun 
of the saidis kirk rentis rentalls and rightis and beand wilhng that tlie 
commoun good of this brugh sail not be burdened with any ministeris or 
precenters stipendis in tyme to cum . . . Thairfoir it is accordit be common 
and unanimous consent of the saids magistratts counsell ministrie sex 
sessiouns and nighbouris that the electioun and nominatioun of the saidis 
thrie ministeris sail presenthe goe on with ane supphcatioun to the General 
Assembhe for their transportatioun upon this conditioun that the magistratts 
and haill memberis of counsell with the haill members of the knk sessiouns 
and nighbouris doe obleidge themselffis that befoir any of the saidis thrie 
ministeris sail be transportit be warrand of the General Assembhe or then 
committie they sail mak choyce of commissioneris in maner and to the 
effect underwi-ittin viz. sex persounes owt of the Counsell and sex owt of 
the kirk sessiouns with sex of the nighbouris quhairof twa sail be of the 
Colledge of Justice quha sail have power to convein consider and calculat 
the rentis pertening to the brugh for the use of the ministrie and what 
sail be fund wanting and deficient for the maintenance of twelff ministeris 
and their precentoris That ane solid course sould be taken and laid doun 
for supplieing of the said want quhairby the coramoiui good of this brugh 
sail not be burdened with their maintenance and stipends in tyme cuming 
bot that iUt member of counsell sessioun nighbouris and inhabitants within 
this brugh in everie parishe respective quhair their dwelling is sail contribute 
their i^roportionall pairt of what sail be wanting and deficient of the saidis 
kirk rentis according as it sail be thoght most expedient be tlie saidis 
commissioneris . . . Quhairupon electioun wes maid of M'' Andro Cant 
minister at Aberdein Master James Hammiltoun minister at Dumfries ^ 
and M'' Robert Ker minister at Prestoun. . . . 



I2th June 1646. 

[James Billies is elected old baillie in place of the late Robert Achiesone. 

The accounts of William Trotter, treasurer, for the second year of his office 
show a charge of 156,542" 8" 5'' and a discharge of 161,212" 4^ 4'', includmg 
7,549" 1" 10'' overspent in the first year. A balance, therefore, is due to him of 
4,669" 15^ II", of which the dean of gild is to pay to him 669" 15^ ll'i from the 
voluntary contributions gathered at his council for S' Paul's Work. Thomas 
Moodie, succeeding treasurer, is to pay him 4,000" with a further sum of 277" 10^.] 

^ Mr James Hamilton had been called already in 1643. See p. 33 supra. The election of 
Mr Robert Ke;' was not allowed by the Commission of the General Assembly (Proceedings, i. 
pp. 28-9). 



OF THE BURGH OF EDINBURGH 95 

17/;?, June 1646. 

[As the council owe money to the Estates for the monthly maintenance, 
the treasurer is to pay 100" sterling and 600 bolls of meal in part 
payment. 

The sum of 21,000 merks, payable by four terms, is to be levied from tlie 
inhabitants of Leith for the cost of the pestilence. Stentmasters are appointed. 

As the Estates owe to the Town from Martinmas 1642 72,866" lO'' 3" with the 
annualrents amomitmg to 23,317" 4", and also the Committee of Estates owes 
smce Whitsunday 1640 12,488" with 5,994" 6" of annualrents for the fortification 
of Leith, 1 the total annualrents, amounting to 29,311" 10" is to be paid by the 
treasurer of the excise to the present Town treasurer. 

The accounts of the kirk treasurer show a charge of 27,032" O'^ T' and a 
discharge of 25,920" 13^ lO".] 

I9th June 1646. 

[George Suittie and Robert Mackean are appointed commissioners to the 
convention of burghs at Perth. 

Members of the committee for revising the rents due to the ministers are chosen 
from the council, neighbours and College of Justice.] ^ 

26<A June 1646. 

[A legacy of 5,000 merks was given by the late David Grahame, merchant, to 
the session of the east kirk of St Giles towards the support of a second minister 
and, failing the marriage or survival of his two daughters or of any children, 
the sum of 7,000 merks, to be employed by advice of M' Alexander Hendersone 
and M"' Robert Douglas, ministers. The present husband of Helen Syme, widow 
of the said David Grahame, has given security for the payment of the money.] 

\st July 1646. 

Ordaines the thesaurer to pay to Robert Gray merchand for the loss [Pestuenoe.] 
sustained be him in his quarrell be the buriell of the dead people quha died 
in the visitatioun the soume of four hundreth merkis. 

Ml July 1646. 

[John Mihie is elected deacon of the masons in place of the late Thomas 
Ainshe.] 

\Uh July 1646. 

Quhairas M"" Alex^ Henriesone and M"" Ro' Douglas twa of their pastoris Petiuoun 
haveing written from Newcastle to the Provest baillies and counsell being Majestii'at 

Newcastle. 

1 See 10th and 24th November 1643 (p. 37 supra), and 7th May 1640 and 26th Februarv 
1641 (Extracts, 1626-41, pp. 240, 246). 
' See act of 10th June supra. 



96 EXTRACTS FROM THE RECORDS 

the representative bodie of the Toun to send up ane petitioun to his Majestie 
for setling of religioiin and peace in all Ms kingdomes and for strentlining 
the unioun of the twa natiouns both betwdx themselffis and with his Majestie 
as the Cittie of London hes done Quhau'of the copie of their petitioun sent 
doun be them to the counsell producit this day with the missive letter mair 
amjjlie beu'is Thairfoir the counsell hes condiscendit and agreit to send up 
ane petitioun to his Majestie to the effect foirsaid and ordaines the double 
thairof to be insert hen- quhau-of the tenour foUowis To the Kings most 
excellent Majestie the humble petitioun of the Provest baiUies and counsell 
of Edinburgh the representative bodie thairof conveind in comisell Quhairas 
by yoiu- Majesties gracious proclamatioun maid heir for setling rehgiomi 
and peace in thes afflicted kingdomes the petitiouners blesseth God wha 
hes put thes thoghtis in your Majesties royaU heart and does still pray 
aUmightie God to confirme and in his wisdome and power to assist your 
Majestie in the diligent and tymous prosecutioun of the same As for tliis 
cittie the hinnble j^etitioneris acknowledge it their dewtie to testifie to your 
Majestie and all the world that according to their many j^rotestatiouns 
and solemne covenants they doe still as they did evir intertein the conscience 
of all loyall and native dewtie to your Majestie from which they sail nevir 
dej^airt And thairfoir from the lyk sens of dewtie the petitioners doe most 
humbhe suppUcat your Majestie in this joynture of tyme at quhicli they 
conceave both Parhamentis ar to give in to your Majestie propositiouiis 
for ane happie peace ^ that it would pleas your royall wisdome to tak this 
opportunitie to mak the best use of their wholsome counsells for setling 
trew rehgioun and peace iia aU your kingdomes and for strentlining the 
unioun of the twa natiouns ^dth your Majestie and betwix themselffis 
quhairby we ar confident glorie sail redound to God honom- and happines 
to yom' Majestie and royall posteritie and comfort to all your Majesties 
good subjectis For which we sail be earnest in prayer to aUmightie God 
as in all bound dewtie becomes your Majesties most humble most faithfull 
and obedient subjectis . . . And becaus Colonell James Rae is goeing to 
Newcastle Thairfoir they have desyrit the said coloneU to tak the said 
petitioun with him and hes electit and nominat . . . David Wilkie ane of 
their number to be commissioner for them to goe with the said ColoneU 
James Rae to present the said petitioun to his Majestie. . . . 

^ The English propositions may be found in Sir Charles Petrie's Letters and Proclamations 
of Charles I., pp. 183-99. The King's attitude to them may be gauged from the King's letter 
immediately following. The Scots Parliament was not sitting at the time, but meeting in 
November 1646, they on 8th December despatched commissioners to him with overtures, 
desiring him to join in the propositions of peace offered by both kingdoms. 



OF THE BURGH OF EDINBURGH 97 

22nd July 1646. 

[The making of the following burgesses and gildbrethren is approved : 
Generall Major Jo° Middletouii, Colonell Harie Barcley, Sir James FouUis of 
Cohngtoun, jure uxoris, Colonell Hew Fraser, Lieut. Colonell Johne Home, 
Lieut. Colonell Mungo Murrey ; Robert Balfour, servant of Middletoun, burgess ; 
James Spedie, previously burgess, gildbrother.] 

21th July 1646. 

[John Lowrie is admitted a vulgar schoolmaster upon condition that he shall 
be ready to act as reader or precentor.] 

Ordaines Jo° Jessie tliesaiu'er to resave for the use of the Toun the [Legacy to 
soume of nyne thowsand merkis fra Sir Jo° Buchanan of that Ilk to be 
besto\vat ui^on twa biu'saris within the CoUedge of Edinburgh the sourae of 
foui-scoir pundis to illi ane of the saidis bursaris The soume of ane liundreth 
merkis yeii'lie to the keiper of the librarie of the said Colledge and for 
maintenance of twa bm'saris]in the Colledge of Sanct Androis the soume 
of ane hundreth merlds yeirlie to each one of them Aiid to the keijier of 
the hbrarie there the soume of fyftie merkis Item for maintenance of twa 
bursaris in the Colledge of Abirdein ane liundreth merkis each one of them 
and fyftie merkis to the keiper of the hbrarie at Abirdein Item for maintening 
of twa bursaris at the colledge of Glasgow each ane of them ane huncheth 
merkis yehhe Item for keiping the hbrarie of the said CoUedge the soume 
of fyftie merkis yeirhe And ordaines him to be chairgit thahwith in his 
accomptis and to be dischairgit with the giveing owt of the annuehentis 
in maner abonewrittin and ordaines him to pay alsmuch of prmcipall soume 
as the said annuehent extends to and the same sail be allowed in his 
accomptis. 

Ith August 1646. 

[The sum of 4,000 merks, to be taken from the first of the extent, is to be 
used for payment of the muiisters' stipends.] 

U^/i, August 1646. 

Ordaines proclamatioun to pas throw this brugh declairing that the [unfree 
commissioneris of burrowis being conveind in Pearth in July last and being ^^ "^' 
informed of the abuses committed be divers burgessis inhabitantis of tliis 
brugh be frequenting of unfrie places lossing and loacUng and making 
mercat thairat debaitting of their merchancUce als friehe and commounhe 
as \vithin this brugh to the great prejudice hurt and skaith of this brugh 
and priviledgis thairof Notwithstanding the samen lies bein divers tymes 
befoir prohibited and now of lait is become to that hight that the saidis 
unfrie places is become raoir frequented and moir populous nor the royall 

G 



98 



EXTRACTS FROM THE RECORDS 



brughis For remeid quhairof and suppressing such lyk inconveniences in 
tyme comeing they have statut and ordained that na burges nor frieman 
■within this brugh los or load their shipps or merchandice or any pairt 
thairof mak saill or mercat thairof at any unfrie place within this kmgdonie 
or furneis the saids places with merchandice for saill thairof under the 
paine of ane hundreth pundis. . . . 

19th August 1646. 

[M"' Patrick Hendersoun, reader in the New Kirk of St Giles is to be paid 
the same fee as formerly. 

The treasurer for the church at the Castlehhl is to borrow 450 rix dollars 
for payment of CorneHus Jansone's load of timber for the said church. "^ 

John Wood is to be received biu-ges gratis.] 

26th August 1646. 

(Merk per tun] Finding the necessitie of timber in this countrey for building Thairfoir 
they have thoght it necessar that the tymber broght in be strangers sail 
be frie from payment of the merk of the tun and recommends to the thesaurer 
to have ane cair that alsmuch money be taken af the nighbouris and utheris 
buyars of the said tymber as sail be equivalent to the merk of the tun. 



2nd September 1646. 

[Regiment.] Forsameikle as the Provest baillies dean of gild and thesam-er did borrow 

upon their owen band the soume of twa thowsand and fyve hundreth 
merkis money quhilk wes given to Colonell James Rae for supi^Ueing of 
the recruit of his regiment ^ the saicUs magistratts being m-git thairto be 
the Committee of Estaitts Thairfoir the counsell ordaines the present baUhes 
to repay the said soume to these from quhom they borrowit out of the first 
end of the present stent quhilk they ar collecting. 

[Eegiment.] Ordaines the baiUies to advance to Jo° Hillstoun for paying of the 

souldieris the soume of iyve hundreth pundis out of the reddiest of this 
present stent. 

[Timber.] Ordaines Jo° Jossie thesaurer to pay to Ar'' Maisson merchand the 

soume of tuentie twa hundreth and nyne pundis Scottis money for the 
pryce of ane hundreth and fyve peice of aiken tymber contening twentie 
nyne hundreth and fourtie sex fute present he broght home be bim at 
desjTe of the counseU. 

' Marginal note : The counsell ordaines this act to be deleit inrespect of ane act of counsell 
maid thairanent 12th Martil 1647. 
^ See p. 91 supra. 



OF THE BURGH OF EDINBURGH 99 

Forsameikle as there has bein read to the counsell ane contract betwix [GrayWars 
them and Jo" Scott master wright anent the repairing of the maine rooff 
of the Grayfreir kirk quhairunto the Counsell agried and ordaines the 
Provest and bailhes to subscryve the samen with their handis in their 
names and becaus the Tovvne is obleidged be the said contract to pay to 
the said Jo" Scott the soume of eight thowsand merkis at the termes 
conteind in the said contract Thairfoir ordaines the said soume to be 
repayed furth of the I'eddiest of the merk of the tun quhen the North west 
churche quhairunto it is imployed sail be comi^leatt with the annuehent 
thairof and quhat farder saU be imployed thairupoun. 

Forsameikle as be the contract past betwix the Toun and Johne Scott (Church at the 
anent the onputting of ane ruiff on the South east kirk and steiple thairof 
the good Toun is obleidged to pay presenthe to him the soume of thrie 
thowsand merkis Thairfoir ordaines the dean of gild to pay the said soume 
to the said Johne. 

^th September 1646. 

Compeu'd Ro* Fleyming and granted him to have resaved from the [Lady Tester's 
Ladie Yester the soume of twa thowsand merkis Scottis for owtquyting 
of eight scoir of merkis of ane annuelrent of twa hundreth merkis cpihilk 
the said Ladie mortified furth of hir land at the Netherbow to be bestowit 
for the use of the poor at the siglit of the ministrie of this brugh and lies 
burdened the said land onlie with the soume of fourtie merkis yeh-he and 
the Toun is obleidged to mak up the said twa thowsand merkis yeirhe 
conforme to the discharge of the former annuelrent . . . and thairfoir the 
counsell ordaines the Provest and baillies to subscryve thir presentis. . . . ^ 

Forsameikle as General Major Middletoiin and the Governour of Innernes Anent the reieir 
haveing representit to the Committee of Estaitts the necessitie and wantis souns of 
of the garrisouns of Innernes and Blair in Atholl and that unles some Biau- in Athoii. 
speidie cours be taken for provyding maintenance moneyis and clothes to 
the officers and souldiers of thes garrisouns they would be necessitat to 
disband and Heve these places of so great importance for saftie of the 
kingdome open to the enemie And the Committee of Estaitts haveing 
seriouslie recommendit this to the Committee of moneyis and they haveing 
taken the samen to their consideratioun and being most willing to provyd 
the saids garrisouns and finding no other meanes to get that presentlie done 
except be the excys of Edinburgh resaved be the magistratts thairof The 
said Committee for moneyis and excys did thairfoir call befoir them the 

'■ She had offered already to help to build a ehiirch in the Town (p. 42 supra), and her 
" favorable goodwill " towards the poor, possibly referring to this entry, is noted on 19th April 
1643 (p. 25 supra). 



100 EXTRACTS FROM THE RECORDS 

magistratts and Counsell of the said brugli and inregaird be act of Parliament 
the guidhngs ar first to be payit and that some persones to quliom the 
guidhngs ar owing in Edinburgh ar content to len ane competent soume 
for the present suppUe and releiff of the saidis garrisouns they being payit 
of the guidlings out of the excys the said Committee desjTed the saidis 
magistratts and counsell of Edinburgh presentlie to advance out of their 
excys the soume of ane thowsand pundis sterline to be imployed to the 
effect foirsaid . . . Quhairunto the saidis magistratts and counsell being 
unwilhng and the said Committee finding an absolut necessitie to provyd 
for the saidis garrisoune and no uther mein to get money at this tyme 
for doeing thairof bot out of that excys and thanfoir againe requyrit the 
saidis magistratts and counsell of Edinburgh within eight dayis eftir the 
daitt heu'of to advance and dehver the said soume of ane thowsand pund 
sterhne out of their excys to James Stewart thesaiu'er of the excys to the 
eflfect he may pay the same to such persones to whom guidhngs ar owing 
within the said brugh and who ar content and willing now in this tyme of 
strait to lend the samen for this present supphe and releif of the saids 
garrisouns Quhairin if the saids magistratts and counsell of Edinburgh 
did failyie the said Committee did protest and declair that what prejuchce 
sail occurr to the kingdome be the disbanding of the saids garrisons shall 
be chargit upon the saids magistratts and Toun counsell of Edinburgh 
Lykas this act wes intimat to Sir Jo° Smyth Provest Laurence Hendersone 
ane of the present bailhes James Ahsone Gilbert Sommervell Adam Lamb 
Jqi Thomson counselleris and M"" George Norwell their agent being their 
present for themselfis and in name of the rest of the magistratts and counsell 
of the said brugh And eftir the said intimatioun they stiU refuising the 
said Committee doe heirby remitt and recommend the consideratioun 
heirof to the honorable estaitts of Parliament And the said Laurence 
Hendersone ane of the baiUies being present and Ro* Lockhart in name of 
James Stewart ane uther of the baiUies absent protestit that na thing might 
be imput to them heirin who as baiUies wer willing to doe what wes incumbent 
to them sic subscribitur Cassillis I. p. D. Com : As also compeird the saidis 
baillies and produced ane uther act quhairof the tenour followis The 
Committee for money and excys declan that if within fyften dayis eftir 
the dait heirof the magistratts and counsell of Edinbiu-gh sail pay and 
delyver to James Stewart thesaurer of the excys the soume of sex thousand 
pundis Scotts to be imployed for the present supphe of the garrisouns of 
Innernes and Blair in Atholl that then the said Committee will rescind 
the act past be them anent the soume of ane thousand pund stirhne demandit 
be the said Committee from the saidis magistratts for the use of the saids 
garrisouns of the dait of thir presentis Sic subscribitur Cassillis I. p. d. Com. 



OF THE BURGH OF EDINBURGH 101 

11th September 1646. 

Forsameikle as it hes bein heavilie regrated be the Regents and masteris [CoUege.] 
of Philosophie witliin the College of tliis brugh that their estaitt quliich 
they had of the Toun wes verie mein and small and scarce able to intertein 
them or supphe them with necessars for their liveing Quliich being considerit 
be the counsell they have agried and condiscendit that their ordinar fiall 
sail be augmentit dureing the not estabhshing of ane OEconomie within 
the said Colledge and thairfoir . . . appoynts to everie ane of the fom- 
regents of philosophie . . . the soume of ane hundreth pundis Scottis by 
and attorn' that which everie ane of them hes present lie. . . .^ 

Forsameikle as the counsell finding that the unfrie traderis does dayhe 
grow quhairby the nighbouris of tliis brugh ar heavilie prejudgit and the 
hbertie thairof contemned quliich falls owt throw the neghgence of the 
magistratts in not executting of the acts of Parliament maid in favouris 
of this brugh [therefore they appoint WiUiam Huttoun inspector and searcher of 
unfree traders, with power to him to arrest them and their goods and bring them 
before the judges to be appointed for that purpose. His yearly fee is to be 2-1:0'' 
with a tentli of all fines from unfrcemen reported by him. 

William Singer, tailor, is admitted burgess for life at the desire of Lord 
Balmerinoch.] 

IGth September 1646. 

[James Eilhes grants himself repaid 5,000 merks, which he had Ijorrowed 
at command of the council, of wliich 1,000 merks had been borrowed upon the 
security of silver work which he had in his charge.] 

18th September 1646. 

Graunts bill of health to Andro Duncan merchand testifieing that he [Trade with 
hes shipped aboord in the good shipp calht the Alexander of Leith quhairof 
Jo" Jossie is master certane merchandice consisting of coalls knappald 
waxe etc pertening to him and uther conburgessis of this brugh to be 
transported ... to Cadiz in South Spaine. . . . 

Graunts bill of health to James Colquhoun merchand testifieing that he [Trade with 
hes shipped aboord the good shipp calht the Ehzabeth of Ku'kaldie ... 
certane merchandice consisting of cloth waxe celesia lynning from the 
port of Leith to Cadiz in South Spaine. . . . 

[After rehearsmg the sums for which the various branches of the Common [Reduction of 
Good were set for the past year] the counsell considering the calamitie of the common 

Good.] 
• See Extracts, 1626-41, p. 240, which gives the scale of payments in the year 1640. It 
should be remembered that, in addition to their salary, they had fees from the students 
taught by them. In such a year as 1646 these fees were bound to be less than in a less troubled 
time. 

g2 



102 EXTRACTS FROM THE RECORDS 

tyme quhairin the saidis dewties wer sett ^ and that some of tlie ports wer 
closed up at command of the counsel! as the Societie Potterraw and Cowgaitt 
ports so that the taksmen thairof rypit no benefite thau-by and that some 
of the particular dew^ties abonewTittin wer reserved in the Touns handis 
quhairof no benefite that yen- wes resaved And considering withall that all 
trade and traflfique to and fra this brugh wer verie small thairfoir they 
have agried and consented that the saicUs dewties quhau'unto the samen 
wer sett sail be defalked . . . Becaus the takers resaved no benefite of 
the samen for the said yeii- in respect of the calamitie of the tyme. . . . 

2ird September 1646. 

[Order as to Compeird M'' Mungo Law ane of the ordinar ministeris of this Brugh 

Magistrates] and produced ane act of the Committee of Estaitts recommending that 
thes that hes voice in the electioun of magistratts of burrowis that they 
make choys of no persones to be magistratts or to be of the counsell of their 
brugh for the year following wha have complyed with the Rebells or under 
proces for the samen and have not given satisfactioun to the Kirk for the 
same . . . And siklyk producit ane act of the committee of the General 
Assemblie appoynting everie presbytrie or minister of brugh or ather of 
them to give ane roU of the complyeris under proces in their boundis to the 
meitting of the shyre and to the Toun counsell resjiective that they may 
the better know how to give obedience to the said recommendatioun of the 
said Committees and withall to intimat that the Conimissioun will proceid 
with the censures of the Kirk agains such persones electit and aoceptand 
the imj)loyment with the greatter severitie. . . . ^ 

30«A September 1646. 

[Castle.] Forsameikle as Alex'' Downie hes furnished in Marclie !"» vi<= and fourtie 

yeiris to the Castell fyve hundi'eth twentie seven daillis at fourtie fyve 
pund the hundreth and also to Robert Fleyming and Laurence Hendersone 
bailhes in Leytli certane taikill the said tyme extending to ane hundreth 
fyftie fyve pund eighten shilling twa pennyes QuhiUi soumes the Counsell 

1 Tliat is the pestilence under vvhicli both Edinburgli and Leitli suffered se\-erely. Tlie 
deductions were considerable. Half of the duty of the tacksmen of the mills was cancelled, 
about a third of the weighhouse dues, some of the tacks of the petty customs were altogether 
excused, and others liad smaller deductions. 

^ Sir John vSmith, tlie Loi'd Provost, at the above date was under process of the Commission 
of Assembly for compliance with the rebels (pp. 75, 78 supra). On tlie day of the above act 
lie had expressed his penitence antl " that the piiblik scandal] thereof may be removed," 
was enjoined " to acknowledge humblie upon his knees his said offences tomorrow, the 24 of 
this instant, in the East Kirk of Edinburgh in his own seat after sermon." The proceedings 
of the Commission do not record this act presented to the Council. 



OF THE BURGH OF EDINBURGH 103 

ordaines the tliesaurer to pay the samen to him with the annueh-entis 
tliairof quhen they sail get payment from the Estaitts. . . . 

[Bill of health to Ninian Williamsone for transporting in the " Amitie " of 
Burntisland, wax, lead and timber to Cadiz.] 

Finding that divers persones who lies right to lands and annuelrentis [Money due to 
• 1-11 1 ■ 1 • •. r 1 '1'"*^" f'''"" 

within brugli and ar in reasone subject to contribute tor the commoun lamis.] 

burdens of the brugh and yet doe deny to pay their pairt thairof and uther 

wayis frustratts the payment of the samen Thairfoir . . . hes st'atut 

and ordained . . . that none of the baiUies present nor to come nor their 

clerk sail pas with any pairties for giveing of infeftmentis except first they 

sail report the persones names to the Counsell to the effect it may be tryed 

if there be any soumes of money stents or ground annueUis adebtit furth 

of the saidis landis to the good Toun and that the samen may be lawfuUie 

prized and j^ayit befoir the saidis infeftmentis be given and the baiUie 

and clerk transgressing this present act to be lyable and subject to the 

payment of the saids soumes of money ground annueUis or quhat els the 

saidis landis quhairof they give infeftment is fund dew to the good Toun 

and sail make compt and payment of the same to the good Toun as if they 

had resaved the samen And ordaines the coUectour of the kirk rentis to 

attend ilk counsell day for giveing informatioun anent the ground annueUis. 

Forsameikle as upoiin the thretten day of August i"" vi*^ fourtie fyve yeiris [Guard 

the CounseU upon the necessitie of the desertioun of the people be reasone 

of the plague wer forced to conduce the number of ane hundreth soulcUers 

for defence of the Toun and houses thau'of as also for clenging of the streitts 

thairof . . . And now the present Provest baiUies and counsell considermg 

that by the mercie of God the Toun is repeopled and the streitts clenged 

so that thair is no moir occasioun of retaining of the saicUs souldieris bot 

that the good Toun sould be themselffis defend the samen day and night 

and that thair is no occasioun of casting owt so much money upon souldiers 

quhilk wer no smaU burden to the inhabitants [therefore the soldiers are to 

be dismissed on 1^' October and paid what is due to them] And ordaines the 

present bailUes to cans wairne the haiU constables of this brugh agains 

Saterday nixt the thrid of October and to give them ordour for owtbringing 

of the watche as in former tymes. . . . ^ 

Itli October 1646. 

[Council for 1646-7 : Provost, Archibald Tod ; Bailies, Edward Edgar, 
Archibald SydserfF, John Fairholme, John Jossie ; Dean of Gild, George Suittie ; 
Treasurer, Patrick Thomsone ; Council, Sir John Smyth, James Rucheid, John 
Pearsone, Laurence Hendersone, James Stewart, James Cochrane, William 

' See p. 73 supra. 



104 



EXTRACTS FROM THE RECORDS 



Trotter, John Marjoribaiiks, John Denholme, John Liddell, George Gairdner 
[taOor], James Borthuik [surgeon] ; Ordinary Deacons, Robert MeiMejohne, 
skuiner, David Dowglas, surgeon, John Scott, goldsmith, James Monteith, 
[hammerman], James Fentoun, tailor, John Futhie, shoemaker ; Extraordinary 
deacons, Thomas SommerveU, furrier, James Twedie, wright, John MUne, mason, 
John BaUlie, baker, James Gairdner, flesher, Patrick Cochrane, weaver, John 
Crystie, waulker, Francis Ker, bomietmaker. 

Bailies of the Canongate, Alexander Peirs and John HammUtoun. 

Baron bailie of Broughton, John Bpmie. 

Water bailie, James EiUies ; Baron bailies of Leith, James EilMes and David 
Wilkie.] 

9th October 1646. 

[Church seat] Ordalncs Johne Scott wTight to build the seatt appoynted for the Earle 

of Crawfuird hie Thesaurer of Scotland. ^ 

[The accounts of John Hillstoun, treasurer for the poor, show a charge of 
16,284" 2s 2" and a discharge of 19,12.5" 19^* 6''. The baihes are to repay him 
2,593" 17^ 4'i and the treasurer 248", spent upon the mills and the lockman.] 

2lst October 1646. 

[Price of tallow, 48^ the stone ; price of candles, 58^ the stone and 4' the pound. 
Price of bread is the same as on 8th May of the same year. 
The Kirk councU is elected.] 

28th October 1646. 

[Edward Edgar and David Dowglas are appointed commissioners to the 
particular convention of burghs.] 

iOth October 1646. 

[The following ministers of the burgh are to be admitted burgesses and gUd- 
brethren gratis : Messrs William Colvill, Robert Dowglas, William Bennett, 
John Oswald, Mungo Law, Robert Lowrie.] 



[CoUege 
Hector.] 



4th November 1646. 

[John Scott is admitted Town smith in place of the late William Duncane. 
He is to have the latter's dweUing house at the same rent.] ^ 

Electis and nominatts M"" Andre Ramsay ane of the ordinar ministeris 
of this brugh to be Rector of King James Colledge for the yeir to cum in 
place of umquhile M' Alex'' Hendersone last possessour of the same place.^ 

1 Apparently a prisoner in Town in 1645 (see pp. 70, 74 supra). 

^ The admission of Duncan is not recorded. 

' See Extracts, 1626-41, p. 18 and note; also pp. 230-1 for the duties attached to the 
office and the appointment of Jlr Alexander Henderson. He had died on 19th August 1646. 
Ramsay's appointment is surprising, since he had been called before the Coimnission of 
Assembly recently for a sermon '" quhairin he medled with sum questiones concerning the 
King not fitt for the tyme " {Proceedings, i., 37, 46, 51). 



OF THE BURGH OF EDINBURGH 105 

6th November 1646. 

Ordaines the clerk to take out of the charterhous the mortificatioiin [Orkney.] 
grauntit be his Majestie to the Toun of Edinburgh of the deanrie of Orkney 
and to be given to tlie agent quhairby he may take consultatioun with 
the assessouris in such thingis as presentlie concerne the good Toun.^ 

I8th November 1646. 

[The money borrowed from M'' John Charteris, minister of Currie for equipping 
Colonel Rae's regiment has been repaid.] 

23r(Z November 1646. 
The Lord Provest baillies counsell and deakens of craftis patrouns of [couege 

^ . Rector.] 

King James his CoUedge with the ministers . . . electis nominatts and 
creatts M"" Andro Ramsey ane of the present ministeris of this brugli to 
be Rector of their said Colledge for tlie yeir to come conforme to the 
instructiouns set doun be act of counsell . . . quhich wer read in his 
audience. . . . 

21 th November 1646. 

[The accounts of John Ronnald, collector of the mark per tim and treasurer 
for the church in the Castlehill show a charge of 8,394" 8*> 8d and a discharge of 
21,728" 13" 1''. The balance due to him is 13,334" 4^. A committee is appointed 
to discuss the overtures made by John Ronnald for his repayment.] 

Unlawis Johne Langlandis skipper in the soume of fourtie pundis for [Fine.] 
not tymous entrie of his wynes and making a short entrie. 

2nd December 1646. 

[Proclamation forbidding the laying of middens on the streets and 
empowering the constables to collect a fine of 5" from any one found laying dirt 
on the streets. 

M"' James Baird, advocate, elected assessor.] 

Uh December 1646. 

[Price of strong beer, 20" the pint ; small beer, 10" the pint ; strong ale, 
14'' the pmt ; small ale, T" the pint.] 

Resaves James Towris glassinwright to be Touns master glassinwright.- 

1 The deanery of Orliney is not expressly mentioned in the charter by Charles I of 1641. 
The bishopric is named, the deanery of Edinburgh and the patronage of St Cuthberta (Extracts, 
1626-41, Appendix xx., pp. .338-41). 

^ The first appointment of a Town glazier. There were already a Town mason, a Town 
Wright and a Town plumber. 



106 



EXTRACTS FROM THE RECORDS 



[Fine.] 



[Pestilence.] 



[Chambers in 
tlie College.] 



9th December 1646. 

Unlawis Johne Griersone skippei' in the Pannis and Thomas Gray his 
mate for ane short entrie and taking away liis wynes without ane offer 
ilk ane of them in the soume of fourtie pundis. 

16th December 1646. 

Ordaines Laurence Hendersoun lait baillie to pay to James B3Tinie 
baxter tlie soume of fourtie four pundis resaved be him from M'' Robert 
Smyth quhich wes collected be him in the tyme of the visitatioun in 
CoUngtoun. 

I8fh December 1646. 

Forsameikle as James Murrey elder merchand for his goodwill to the 
CoUedge lies contribute to the thesaurer thairof for building of twa chalmeris 
in the said CoUedge for the use thairof Quhairfoir the counsell lies agried 
and consented that quhen any of the saids chalmeris sail vaik if it sail 
happen any of the name of Murrey or Mauld to desyre any of the saidis 
chalmeris the tyme of their course within the said CoUedge that they sail 
be preferrd thairto befoir any utheris for payment of the ordinar maill of 
the samen . . . and with such ease of the maiU as any uther bmlder gettis. 

2Zrd December 1646. 

[The arrears of the pension of John Milne, master mason to the Town, are 
to be paid. The pension is to be continued.] 

mth December 1646. 

[The late WiUiam Porter left a legacy to the Council as foUows : 3,000 merks 
towards the buildmg of the church at the Tron ; 1,000 merks for the support 
of a bursar of philosophy in the College ; 300 merks for the poor of Trinity 
Hospital. The money having been received, the council agree that the money 
left for a bursar shaU be used for buildmg a chamber in the College. 

Archibald Sydserflf and John Scott, goldsmith, are elected commissioners to 
Parhament in the absence of Edward Edgar and David Dowglas.^ 

Agreement with M'' David Heriot, advocate, as to the 20" due to the Provost 
of Corstorphine from the Town rents.] ^ 

' An act of Parliament of 1st January 1649 annulled this election. Edgar had been 
nominated as one of the conmiissioners to Newcastle, sent with proposals to the King ; Douglas 
was bound for the same place on private affairs. The Parliament vinanimously refused to 
allow the excuse of prior appointments, but proposed to consider the matter further (A.P.S. 
vi. (1), p. 644). 

- This is mentioned in the Town Treasurer's accounts for the year 1552-3. On 11th 
December 1573 the Provost of Corstorphine claimed the siun of SOU as due to him and the 
prebendaries of that church, but the result of the claim is not recorded. But in 1603 an 
agreement was made with Mr Alexander McGill, provost of Corstorphine, for payment of the 
201' to him during his lifetime {Extracts, 1389-1603. p. 317). From that date the matter did 
not arise till the present entry. 



OF THE BURGH OF EDINBURGH 107 

8th January 1647. 

Forsanieilvle as the Ladie Yester liaveing pertening to her at the Nether [Land iiisponed 
bow ane tenement of land quhau'unto umquhile Joline Yak" was j^resented Ycstcr.i 
chaiplane and quhilk belonged to him as chaplane fou-said for payment to 
him of sexten merkis and now be his deceas the said land is fallen to be 
halden of the Toun and finding that Dame Margaret Ker the LacUe Yester 
grandmother to the present Johne Master of Yester hath bein verie beneficiall 
to the good Towne in consideratioun quhairof the Provest baillies and 
counsell at the said Master his earnest desyre ar content and consentis to 
dispone the said land to him to be halden in frie biirgage for payment of 
fom'tie merkis yeirlie for the behove of the jDoor of the good toun.^ 

[Election of the council of the Correction House.] 

Ordaines James Cochrane old dean of gild to meitt with Patrik Ingles icoai.) 
of Elvingstoun and utheris of the gentrie of Lowthian anent the busines 
of the coall and to concur with them for a redres in any abuse sail be fund 
thairin. 

[Burgesses and gildbrethren admitted at the desire of General Middletoun : 
Colonel George Milne, Lieutenant Colonel [ ] Ker of Newtoun ; Major David 
Barclay, Colonel [ ] Merser of Adie, Major [ ] Toures and Major Sharpe. 
The dean of gild and his council are to admit Robert Neill, his secretary, and 
Robert Balfour, his barber, burgesses and gildbrethren, and John Mitchell, his 
servant, burgess.] 

Uth January 1647. 

[The accounts of the masters of the Hospital for 1643-4 show a charge of 
9,879" 3** 7'' and a discharge of 7,115" 1^ 5". Their accomits for 1644-5 show a 
charge of 7,350" 12' 2i and a discharge of 11,698" S^ lO".] 

I5th January 1647. 

Haveing taken into consideratioun of the great danger of fyre that [Fire] 
may fall owt be reasone that in the wester bow of this brugh quhah' the 
trade of Unt is most exerced it is fund be visitatioun that the indwelleris 
in severaU laiche houses haveing lint keipit thau'in or in the chamberis or 
lofts above keip f3Tis in the chymnejas of the saids laich houses as of lait 
ane most dangerous example thairof wes lyk to have bein to the greatter 
terroiu' and danger of the whoU nighbouris Thairfoir the said Provest baillies 
and counseU doe ordaine and command that within the sjjaice of ane moneth 
nixtocum the whoU inliabitants of this brugh (especiaUie thes of the west 
bow) who keip in their houses lint flax hemp tarr roset or any such combust- 
able merchandice sail clos up with stane and lyme the wholl chimneyis 

' Probably the ground ou which Tweeddale House was built, still standing in Tweeddale 
Court. 



108 EXTRACTS FROM THE RECORDS 

of sik houses quhair any such merchandice is keipit under the paine of ane 
hundreth punds of penaltie And that the same sail be done upon the heritouris 
charges but if he sail refuis to performe this said command in that caice 
that withua the spaice foirsaid the teimant presenthe occupying the said 
land sail caus doe the same and detein the expensis thairof from the said 
landlord af the first end of his maill. . . . 

22wd January 1647. 

Anenfc the Forsameiklc as Dame Margaret Ker Ladie Yester out of her pious zeall 

her idik!''' "^ to the glorie of God and floorishmg of the gospell within this brugh of 
Edinburgh hes instantUe delyvered to Robert Fleyming merchand ten 
thowsand merkis for building of ane kirk within the said burgh togidder 
with fy ve thowsand merkis to be imployed by us for the use of ane minister 
serving the cure at the said kirk with speciall conditioun that if the said 
soume of ten thowsand merkis sould not compleit the fabrik of the said 
ku'k that it sould be lesome to imploy the uther fyve thowsand merkis or 
so much thairof as sould be neidfuU for perfytting of the said fabrik And 
the said noble Ladie being informit be the said Robert Fleyming that the 
said soume of ten thowsand pundis is and will be for the most pairt imployed 
upon the fabrik of the kirk quhairby her good intentioun for provyding 
so much for the minister might be altogidder frustratt Thairfoir and in 
supplement of the foirsaid soume of fyve thowsand merkis the said noble 
Ladie be letteres of assignatioun of the daitt the second day of Januar 
instant maid and constitut us the Provest baiUies and counsell of Edinburgh 
her verie lawfull cessioneris and assigneyis in and to the soume of [fyve] 
thowsand merkis of ane yeirhe annuelrent of eight thowsand merkis dew 
to be payit to her be Jo° Lord Hay of Yester yeirhe for her conjunct fie 
and terce landis of the lordship and hveing of Yester and that for the cropt 
and yeir of God i"" vi^^ fourtie sex yeiris payable at Witsonday i™ vi'= fom-tie 
seven yeiris . . . QuhUk kirk the Counsell understanding to be compleit 
of the maisson warke and theiking thairof Thairfoh- ordaines the Provest 
bailhes dean of gild and thesaiurer with their clerk to subscryT^e ane declara- 
tioun to the said Ladie anent the premisis quhairanent tliir presentis sail 
be to them ane sufficient warrand as also the saids Provest bailhes and 
counseU obleissis them to use exact diligence for recoverie of the said soume 
of fyve thowsand merkis at the feist and terme of Witsonday nixt and 
being recovered to imploy the samen upon annueh-ent for help to pay the 
said ministeris stipend serving the cuire at the said kirk. 



OF THE BURGH OF EDINBURGH 109 

27<A January 1647. 
Forsameikle as there ar sundrie nighboiiris and inhabitants of this brugh [Arrears of 

'^ ° Extents.] 

who ar resting their extentis to the lait baillies for the yen- i™ vi^ fourtie 
sex yeiris that refuisis to pay the said extentis quhairin they ar extented 
according to their proportioun Thairfoii- the Counsell hes noniinat and 
appoynted tlie baillie Jo" Fau'holme the dean of gild thesaurer Sir Jo° 
Smyth aid Provest and James Fentoun deaken of the tailyeouris to meitt 
and conveyn ilk Twysday and Thursday in the eftirnoone and cans warne 
and cite all the saids nighbouris and inhabitants wlio are dew in payment 
of their extentis for payment thairof and incaice of any of the saidis persones 
refuisall of jjayment of thair proportionall pairts to cans execute the actis 
and statutis of this brugh agains them for payment thau-of as also ordaines 
the saidis persones to revise the wholl restis of the whole former magistrats 
who have not filled theh" accomjDts anent any restis of extentis and doe 
their best indevoires for ingathering thairof and then- meittingis to continue 
till the cleiring the payment of the said extents.^ 

Vlili February 1647. 

Forsameikle as the Estaittis of Parliament haveing desyred the good Advancement 
Toun sould advaince for provisioun of the Laird of Archinles regiment ^ Achlniies 
the soume of sex tliowsand punds quhich sould be allowed to the good 
Towne in the first payment of their maintenance to be laid upon them 
heireftir Lykas be act of Parhament the first of this instant the Estaitts 
of ParUament hes declaird that the said soume of sex thowsand pundis 
sail be allowed to the Toun of Edinburgh in the first end of their maintenance 
and of the proportioun of the moneyis to be payit and advanced be the 
brughis and shyris of this Kingdome for disbanding of the regimentis and 
ordained the said soume of sex thowsand be payed to Jo" Kennedie Provest 
of Air upon his ticket of resait And for payment of the said sowme of sex 
thowsand pundis the present baillies ... ilk ane of them hes advaunced 
the soume of fyve hundreth pundis and the baillies James Rucheid Jo° 
Pearsone Laurence Hendersone and James Stewart hes pa5at out ilk ane 
of them the soume of ane thowsand pundis to accompt of the extent stented 

' Between this and the next entry, on 30th January, the Scots army had handed over 
King Charles to the English Parliament. In justice to Scots policy, it must be stated that, 
if Charles had complied with their conditions about Presbytry, his surrender would not have 
taken place. 

- James Campbell of Ardkinglas and the Marqviis of Ai'gyle were appointed colonels of the 
two Highland regiments still to be kept up among the other regiments considered necessary 
when the anny of occupation in England was disbanded. There were to be seven regiments 
in all, the Highland with 1,000 men apiece, the others of 800 men (A.P.S. vi. (1), p. 673). 
The act of Parliament upon which the above act of Council was based is dated 5tli February 
(Ibid., p. 683). 



no 



EXTRACTS FROM THE RECORDS 



[Precentor.] 



[Watch.] 



on the nighbouris of this brugh And Jo" Jossie ane of the present baillies 
compeurand produced the act of Parliament with Johne Kennedie his 
recept of the said soume of sex thowsand pundis. . . . 

Ordaines the thesaurer to pay yeirlie to M'' Andro Thriepland precentor 
in M'' Andro Ramsay his kirk dureing his service there the soume of twentie 
pundis yeirhe. . . . ^ 

For the better keiping of the watche appoyntis Lieutennent Colonell 
Auchinlek to tak up the unlawis of all contravemers and of such as will 
not keip the watche in their ordinar nights. 



11th February 1647. 

[BaUast boat] Ordaines James Eillies watter baillie of Leith to beitt and repair the 

greattest of the twa ballast boattis in Leith. . . . 

5th March 1647. 

[The Council approves the admission as burgesses and gild brethren gratis, 
for good service done to the town, of Lieut. Colonel Andro Milne, Major Robert 
Logane, Capt. WilUam Ramsay, Capt. Patrick Boog, Capt. Nathaniel Forbes, 
William Frier, John Aikman, Cap' Alexander Sterling, Archibald Edmistoun, 
servant of Colonel James Rae and Capt. George Melvill.] ^ 



[Shipwreck.] 



[Monthly 
Maintenance.] 



10//i March 1647. 

Graunts testimoniall . . . testifieing Jo" Jossie James Rucheid John 
Marjoribankis Andro Bryssoun Andro Wardlaw James Ker and Robert 
Broun merchandis to be awneris of an loadning of beanes yrone and lining 
shipped aboard in the shipp caUit the [ ] of Leith . . . qidiilk is 
shipwrak and cast away upon the He of Oleran besid the Rotchell in 
France. . . . 

Understanding that the Touns pairt of the monethUe maintenance 
imposed upon this brugh be the Estaitts of ParKament presentlie conveind 
ane great pairt of the tyme for payment thairof is allreddie past and much 
of the said monethlie maintenance allreddie payit and advanced be the 
counsell and in consideratioun that the said monetlihe maintenance is to 
be imposed upon the inhabitants of this brugh for their trade and borrow 
landis promiscuousUe quhairwith thair ar many of the Colledge of Justice 
and divers utheris quho have no trade that by the act of Parliament maid 



' See Extracts, 1626-41, p. 254. According to that allocation of churches, Ramsay's 
congregation were worshipping either in ParUanient Hall or the College Hall as the church 
at the Tron was not yet roofed. 

^ Of these some had been admitted on 6th January 1644. The others are entered in the 
Gild book as having been made free by act of Council of 3rd March 1647. Apparently the 
act had been omitted and the present one is retrospective. 



OF THE BURGH OF EDINBURGH 111 

anent the said monethlie maintenance ar equallie to participat with the 
nighbonris in their borrow landis and to the effect that the trew rentall 
validitie and worth of the said borrow landis may be weill Isnowen quhairby 
the said extent may be equaihe and proportionalUe divydit Thairfoir they 
have elected and appoynted [four persons to each quarter to examine the 
rentall of all houses and tenements withm the burgh] .^ 

I2th March 1647. 

Forsameikle as npoun a suppUcatioun proferd to the counsel! be the [Ropairof 
elderis of the kirk of Kirkwall in Orkney . . . ar informed that the fabrick church.) 
and ruiff of the said kirk of Kirkwall is become some what faultie and 
ruinous . . . ordaines Robert Fleyming present thesaurer of the kirk 
counsell to pay . . . for present reparatioun of the said kirk of Orkney 
the soume of thrie hundreth merkis . . . and appoyntis yeirhe in tyme 
conieing the soume of twentie pundis money to be papt for upholding of 
the said kirk.^ 

The counsell grants ane lend of the laich hous lyand in the Hie school [House hi High 

'^ •^ School yard.] 

yaird laitlie possest be umquhile M'' Aiex^ Hendersone to [Jean] Bonar 
relict of umquhile William Bennet ane of the ministeris of this brugh and 
that for ane yeir allanerUe . . . And ordaines CTCorge Jollie thesaurer of 
the Colledge to resave the keyis from the present possessouris of the said 
haill lodging and to put M'' Johne Sharji professor of divinity in possessioun 
of the liigh hous thauof. . . . 

[The accounts of John Ronnald, treasurer to the church at the Castlehill, [Church in 
and collector of the merk per tun and pack of goods, show a charge of 4,818" 0" 1'' •^''^'•''^''"'■) 
and a discharge of 13,818i' 0^ 1''] swa that his dischairge exceids his chairge 
in the soume of nyne thowsand piuidis Quhich soume the counsell being 
most wilhng with all convenient diligence sould be payit to the said Jo" 
and withall considering that the said merk upon the tun and pack of goodis 
foirsaid is allocat and destinat for bigging of the said kirk and uther pious 
workis within this brugh ^ Thairfoir the Provest liaillies counsell and deakens 
of craftis hes hypothecatt and hypothecatts the said merk upon the tun 
and pack of goods to the said Jo" Ronnald ay and quhill he be compleitlie 
payit and satisfied of the said soume . . . [Tlie three previous acts authorising 
him to borrow various sums of money are deleted with John Ronnald's consent.] 

1 See A.P.S. vi. ( 1) pp. 700-3. The montlily payment recjuired from Edinburgh was 41671'. 
It was stated that no exemption was to be granted, except for burnt and wasted lands, and 
such as were mortified to colleges, schools, ministers, etc., but that all other heritors and 
others were to be liable. This clause of the act was the one upon which the Council founded 
for the inclusion of the College of Justice and other persons not traders, previously exempt 
from burghal taxation. 

' See p. 23 supra. ' See pp. 56-8, 105 supra. 



112 EXTRACTS FROM THE RECORDS 

16th March 1647. 
[M'' John Smj'th is nominated one of the Town ministers.] 

17th March 1647. 

[George Childeris, saddler, is made burgess. The dean of gild is to advance 
his dues.] 

19th March 1647. 

[House in Agi'lss to sett 111 tak and assedatioun to William Earle of Mortoun that 

lodging belonging to the good Toun lyand in Kirkwall in Orkney all withm 
the wallis togidder with the yau'dis without the saidis waUis for nynten 
yeiris exceptand the housses of the said place without the north yett of 
the same ... for payment of threttie thrie shiUingis four pennyes of yeirlie 
tak dewtie. . . . 
[Tack of Understanding that the taks of Sanct Pauls Wark ar outrun or neir the 

Work.) " tyine of expyring ThairfoLr they ordained George Suittie dean of gild 

Sir Jo" Smyth old Provest and James Fentoun deaken of the tailyeouris 
to meitt and confer with Thomas Leishman and Robert Trotter taksmen 
of the said warke to understand of them the present conditioma thaii'of ^ 
Who being conve3mit togidder the said taksmen confest the resait of ane 
thowsand pundis sterling dotted be umquhile M'' Ro* Jo°stoun towards 
imployment upon manufactories ^ the quliilk soume be the said contract 
the saidis taksmen ar obleist to refoimd and pay bak agane to the Provest 
baiUies and counsel! at the ishe and expyring of the said tak as lykwayis 
the said taksmen be the said contract ar obleist to pay four pundis money 
foirsaid for ilk hundreth pmidis of the said j^rincipall soume yeirlie dureing 
the tyme of the said tak onhe to be imployed upon the interteinment and 
clothing of the poor children trained and broght up in the said wark As 
lykwayis the said Provest baillies and counsel! ar bund be tlie said contract 
to furneische to the said taksmen imdertaiceris of the said wark the number 
of thrie scoir ciiildren i!!-: twa yeiris and at t!ie ishe tliairof a!s many the 
second twa yeiris as also the counsell is obleist to the taksmen to caus the 
tliesaurer of t!ie Idrk sessiouns pay weikUe to them dureing tlie Iiaill tyme 
of t!ie tak ten pundis ilk weik Lykwayis to pay to tliem dureing all the yeiris 
of the tak the amiuekent of the principal! soumes mortified and dotted 
be the benefactoris of Sanct Pauls Wark and farder ar obleist to give them 
possessioun of ane laiclie booth in the Tolbuitli worth ane hunch'etli merkis 
yeii'lie quhilli haill prejudices being given in in ane compt be the saidis 
taksmen amounts to seven thowsand merkis and above And the saidis 
taksmen being earnestlie soHcite and delt with concerning the saidis 
1 See p. 30 supra. ^ See Extracts, 1626-41, pp. 232, 251, 252. 



OF THE BURGH OF EDINBURGH 113 

prejudices that they sould not mak any advantage or benefite thairof to 
the detriment and liinderance of the stocks of the said work Thairfoir the 
saidis taksnien and thair cautioneris takeing the same unto theii- considera- 
tioun hes friehe and of than- awin motive w-ill and accord and to the effect 
it sould appear in tyme comeing then- affectioun and goodwill to the 
advancement of the weill and commoditie of the said wark hes friehe quatt 
and foirgiven anything they have lost or sustenit prejudice throw the not 
performeing of the foirsaid conditiouns to them and ar content to refound 
and repay to the Provest bailhes and counsell the haill fou-said soume of 
stock being ane thowsand pund sterhng at Witsonday nixtocum i™ vi^ 
fourtie seven yekis and for the profite thairof being four pundis of ilk 
hundi-eth yeirhe they declau-ed they had fulhe payit and debursit the same 
yeirHe to the poor cliildren of the said wark upon their maintenance and 
clothing with the quhilk obleisment of repajing the said stock being ane 
thowsand pund sterhng at Witsunday nixt i^ vi'^ fourtie seven yeuis the 
counsell ar content to accept and to discharge them thairof eftir payment 
of the same and for the yeirhe dewtie of fom- for the hundreth inrespect 
the taksmen did trewlie and reaUie pay the same conforme to the meanuig 
of the said contract towards the maintenance and clothing of the said poor 
chUdren Thairfoir the counsell hes dischairgit them thairof for evir and 
becaus of the saidis taksmens frie offer to pas from all skaith and prejudice 
they have sustenit throw the counsehs not performeing to them of the 
obleisment abonewrittm Thairfok the counsell all m ane voice to gratifie 
them in some measure and at then- requeist hes ordained George Wauchope 
thesaurer to Sanct Pauls Wark to pay to WiUiam Nisbet thair servitour 
in the said wark (whom they broght from Dunce to the said wark who 
hes lost be Ms change and throw the calamities of the j^eir i"° vi*^ foiu'tie 
fyve being forced to flie with threttie sex persones m companie and under 
suspicioun of the plague his haill meanes and estaitt) twa yeiris amiuehent 
of the principaU soumes adebtit be the good Toun to Sanct Pauls wark 
for the benefactoris money quliilk extends to the soume of sex hundreth 
fotu" scoir thretten pundis sex shilhngis eight pennyes. . . . 

2ith March 1647. 
Forsameikle as upon the twelff day of Marche instant the counsell [House in High 

-w. 1. ^ f' 1 •! -\r TT-'-iT T-> ^ Sciiool Yard.] 

haveing grauntit to [Jean] Bonar relict of umqulule Mr VViiham Uennet 
a lend of the laiche hows of that lodging lyand in the Hie schooU yaird 
laitUe possesst be umquhile M'' Alex'' Hendersone . . . and in consideratiomi 
thairof ordained Ro* Fleyming ... to speik with her heiranent she seimed 
to be alsweiU content ^\^th the soume of twa hundreth merkis for pajonent 

H 



114 



EXTRACTS FROM THE RECORDS 



of her yeiris niaill as the possessioun of the said hows As also the Counsell 
considering that the said lodging perteynit and belongs to the Colledge 
and is onlie destinat and appoyntit for the Rector and Professor thairof 
for ane habitatioun and not alltogether at the counselhs dispositioun 
Thairfoir they ordaine the said act in swa far as concernes the len of tlie said 
hows ... to be delett . . . and instead thairof appoyntis unto her the 
said soume of twa hundi'eth merkis. . . .^ 



[Summons to 
minister.] 



[Horning for 
arrears of 
taxes.] 



Anent the ira- 
positiouu of the 
montlilic main- 
tenance. 



2&th March 1647. 

Appoyntis . . . twa of the counsell to goe to Brunt Hand to M'' Jo" 
Smyth minister there who is chosen be tlie Counsell to be ane of tlie good 
Touns mimsteris in the Colledge churche with the summoundis of the 
Committie of Estaitts for imbraceing the said calling.^ 

[The eleven common mills are to be repaired.] 

Ordaines tlie old baillics who lies letteres of horning for loane and taxt 
agains any of the nighboui-is to cans charge any who is dew tlieir particular 
taxatioun . . . and to caus execute the saidis letteres to the full incaice of 
their refusall. . . . 

2nd April 1647. 

[The Council and deacons, ordinary and extraordinary being convened] 
Forsameiklo as be actis of Parliament eftirmentionat there is imjiosed upon 
the brugh of Edinburgh South and North Leith Canogait and Pleasance 
upon all heretoris within the saidis boundis the soume of five tliowsand ane 
liundreth seventie fyve pundis for the intertaining of fyve hunder seventie 
fy^e souldiers per mensem viz. be ane act of Parliament maid at Edinbm'gh 
the [ ] day of [ ] i™ vi*^ fourtie fyve yeiris the saids Estaitts tlien 
conveind appoynted sex monethis maintenance to be laid upon this wlioll 
kingdome ^ and to begin the first of Marche i™ vi'^ fourtie fyve As also the 
Estaitts of Parliament in the Parhament halden at Perth in the moneth of 
JuUi thaireftir did add tlu'ie monthis maintenance to be levied of this 
kingdome * As lykwayis the Parhament holden at Sanct Androis did 
appoynt eight monetliis more maintenance and to begin the first of December 
jm vie fourtie fyve quhilk is in haill seventen monethis ^ And in consideratioun 



' See p. 1 1 1 supra. 

2 Seep. ll'Zsupra. The matter was brougtit before tlie Cominission of the General Assembly 
on 18th March, when his transportation to the College Kirk was desired. It was postponed 
from meeting to meeting, referred on 8th July to the General Assembly and presmnably 
sanctioned by them (Proceedings, i., pp. 225, 281). 

' See A.P.S. vi. (1), p. 351, 27th February 1645, ordering that each shire and burgh should 
support a proportion of the army, also p. 357 ordering the money to be collected in March. 

* See " Act anent the prorogating of the act of mentcnanee " (Ibid., p. 459). 

^ See act of maintenance, 27th January 1645 (Ibid., p. 540). 



OF THE BURGH OF EDINBURGH 115 

of the heavie visitatioun quhich fell owt in this brugh in the said yeir of 

God i™ vi^ foiirtie fyve yeiris the Committee of Estaitts haveing power 

from the lait Parliament be their act the threttie ane of Marche last hberat 

this brugh of nyne monethis maintenance and lies ordained them to mak 

payment of fom' monethis maintenance within fyften dayis eftir the dait 

of the said act Lykas the good Toun did advance the soiinie of twentie 

thowsand seven hundreth pundis wes borrowed upon interes in the said 

moneth of Marche i"* vi° fourtie fyve ^ And considering that the samen 

cannot be gotten in tiU the terme of Lambes nixt at soonest have added 

for twa yeiris and ane half annueh'ent thah-of the somne of four thowsand 

ane hundreth and threttie pundis swa tlie said annuelrent and the foirsaid 

eight months maintenance amounts to the soume of fourtie fyve thowsand 

iyve hundreth tlirettie pundis And siklyk in the moneth of [ ] last- 

bipast the Estaitts of Parliament halden at this brugh laid on nyne monethis 

maintenance upon tliis kingdome beginand the tent of Januar last and 

ending the tent of October nixt quhilk will amount to the soume of fourtie 

sex thowsand fyve hunch-eth seventie fyve pundis to quhich twa soumes 

is to be addit the soume of sex thowsand jounds for supplieing the defectis 

in ingathering thairof Quiiilkis tlirie soumes extendis in the haill to the 

soume of fourscou- eighten thowsand ane huncketh and fyve pundis Thairfoir 

all the saidis persones ar to be extentit for the said soume viz. the toun 

of South Leith for maintenance of fourscoir souldiers for the monethis 

abonewi'ittin witli their proportional pairt of the said soume allowed for 

ingathering thairof and their pairt of the foirsaid annuelrent extending to 

the soume of tliretten thowsand sex hundreth fom'tie fyve pundis sex 

shillings eight pennyes As also tlie Canogait North Leith and Pleasance 

for eightie souldiers for the monethis abonewTitten mth tlieir jiroportionall 

pairt of the said soume allowed for ingathering thairof and annuelrent of 

the said soume extending to the soume of uther tliretten thowsand sex 

hunch-eth fom-tie fyve pinidis sex shillingis eight pennyes Qidulk twa soumes 

for South Leyth Canogait North Leitli and Pleasance extending both to 

tlie soume of twentie seven thowsand twa hundreth fourscoir ten pundis 

tlu'etten shiUingis four pennyes being deduced aff the haill soume of four 

scoir eighten thowsand ane hundreth fyve pund the Toun of EcUnbrughis 

pairt will extend to thriescoir ten thowsand eight hundreth fyve pundis 

seven shiUingis eight pennyes Thairfoir ordaines the extentoris of this 

brugh to extent the heretoris of the landis within the samen nighbouris 

and traffiquers thairof promiscuouslie for the said soume quhairanent thir 

presentis sail be their warrand and the extentoris chosen for South Leyth 

and the extentoris for Canogait and North Leith for the several! soumes 

abone exprest. 

» See pp. 64, 66. 



116 EXTRACTS FROM THE RECORDS 

t9?ri°"'^ ™»p Ordaines the thesaurer ... to resave from M"" James Gordoun minister 

of Edinburgh.] 

at Rothemay the draught of the Toun done be him at command of the 
counsel! and ordaines the said thesaurer to pay to him for his paines and 
travellis in drawing of the said draught the soume of fyve hundreth 
merkis. . . . 

8th April 1647. 

[Discharge of a The right honorable my Lord Marqueis of Argyll haveing sent in to the 
maintenance.] Lord Provest baillies and remanent counsell to be by them considered ane 
act of the Committie of Estaitts daitted the tlii'ettie ane day of Marche 
lastbipast quliairof the tenoiu- followis in thes words Edinburgh trigesimo 
primo Martii 1647 The Committee of Estaittis haveing at lenth heard the 
Provest and some of the Toun of Echnburgh anent the payment of their 
bygane maintenance and haveing also sein ane act of the Committee of 
Proces and money of the first of Marche instant apiDoynting the remainder 
of quhat is dew to Lieutennent General David Leshe of the gratuitie grauntit 
to him for his service at PhUiphaugh to be payit owt of that maintenance 
and finding that of the maintenance laid on the kingdome in the severall 
sessiouns of Parhament at Edinburgh Pearth and St Androis in anno i™ vi^ 
fourtie fyve there will be at least thretten monethis dew of the proportioun 
payable be the Toun of Edinburgh they doe inregaird of the present necessitie 
tliis kingdome lies of money for dispatche of some pubhct bussines ordaine 
the Provest baillies and counsell of the Toun to pay and deliver to the 
General Commissarie and his deputtis the soume of fyften thowsand fyve 
hundreth twentie twa pundis Scottis being the just proportioun of thrie 
monethis maintenance of the thretten dew be them and that within fyften 
dayis under the paine of horning . . . And inregaird of the hard conditioun 
the Toun of Edinburgh wes in be the seiknes and utherwayes tliis last yeir 
quhen a pairt of the maintenance wes dew the Committee declars that 
the said soume [ ] being payit they will cUscharge lykas upon payment 
thairof then as now they doe discharge to the Toun of Edinburgh the 
payment of nyne monethis of the remaining ten monethis and that for the 
monethis of Junii Julii August September October November and December 
{m vie fourtie fyve and Januar and Februar i™ vi^ fourtie sex yeiris dureing 
which tyme the publict judicatories did not sitt in the Toun and for the 
last tent moneth the Committee suspends the payment thairof till the Lord 
Humbie be heard for his entres And doe declaii- that with the first convenience 
they will tak in consideratioun the bill given in be the Toun of Edinburgh 
to the Parhament anent their losses ^ and doe quhat in them lyes to give 

* A.P.S. vi. (1) p. 811, gave the Town's losses and remitted tliem to the Committee of 
Estates. The question of maintenance for seventeen months was remitted to the same 
authority. Tliis act is in their Proceedings (MSS., Reg. Ho.). 



OF THE BURGH OF EDINBURGH 117 

them all dew satisfactioun. The said Provest baiUies counsell and deakens 
of oraftis haveing considered tlie said act of the Committee of Estaitts 
ordaines ane band and obligatioun of tlie said soume of fyften tiiowsand 
fyve huncketh twentie and twa pundis to be given to tlie said Lieut. Generall 
David Leslie his aires and excutores for payment thairof at the feast of 
Michaelmas nixt. . . . 

9th April 1647. 

Appoyntis M"" George Halybm-toun servitour to the Earle of Lanark [commissariot 
to be Commissar of the Commissariat of Orkney . . . who compeirand 
. . . obleidged liimselff to mak liis residence in Orkney and dischairge his 
place in his owen persone. . . . 

[A committee is to meet with] thes appoynted be the sex sessiouns and [Precentors.] 
confer with them anent the provisioun to the severall precentoris. . . . 

Unlawis Francis Garhck servitor to M'' W^ Gessom EngUshman and [Uiifrcc 
Alderman of Coventrie in the soume of ten pundis sterhng for selling certane 
wadd to severall persones before he maid any offer thairof to the Toun. . . . 

I2th April 1647. 
[The Council with some of the ministers and professors] being conveynit Crrtane actis 

ronppniiiis 

within the bibhotheck of King James his Colledge within this brugh It is the coiiedgc. 

appoyntit that a fair and spacious table be maid conteining the names of 

the benefactoiuris of the Colledge and the particular gifts be them bestowed 

And that a pubhct visitatioun be maid yeirhe about Hallowmes at quhich 

tyme the said table is to be read over in audience of the Provest bailhes 

counsell ministeris Rector and assessoris and the whole studentis and 

scholleris of the Colledge. 

Item it is ordained that if any regent sail be admitted to the service of tlie 

Colledge from hence fiu-th and that his entrie sail be to the Batchellor or 

IMagistrand yeir he sail be obhedged to continue till that classe be laureat 

and also to enter to the nixt Bajane classe and to continue with the same 

till they also be lam-eat So that the continuance of liis service in the Colledge 

sail be at least fyve yeiris he entring to the Magistrands or sex yen-is if 

he happen to enter with the Batchelloris And if he have desyre thaireftu- 

to Ueve the Colledge upon any occasioun he sail be obUedged to make 

thrie monethis i^remonitioun to the Counsell before Lambes so as he cannot 

upon any termes leive his classe at any tyme of yeir bot at the end of the 

yeir But if the regents entrie sail be at first to the Bajane or Semibajane 

yeir he sail be onhe obhedged to laureat that classe and thaireftir according 

to occasiouns to mak thrie monethis premonitioun preceiding Lambes onUe 

as said is. 

h2 



118 EXTRACTS FROM THE RECORDS 

Item it is agreid aiient the articles quliich wer remitted upon the sevent of 
December i"" vi^ fourtie sex yeiris to be considered agains the mxt meitting 

1. Tliat the declamatioims sail be maid in the privat schoollis. 

2. That the prayeris at the dissolving of the scholleris be maid in privat 

schoollis. 

3. That in the play dayis the scholleris meitt at twa in the eftirnoone and 

then be dismissed to play till fowre. 

4. That at the Lam-eatioun circulatioun be used as in foi'mer tymes. 

5. That a mulct or penaltie be taken at the discretiomi of the Primar and 

regents from such scholleris as doe not retume from the vacance befoir 
the fyften of October provychng they exceid not the soume of twa 
shilling scottis for ilk day And from such as returnes not befoir the 
first of November that they exceid not the soume of four shiUingis 
for ilk day And illv biu'sar who doeth not retiu'ne before the said 
fyften of October sail lose his bm-sarie. 

6. That the weiklie meitting of the Regents in the hepdomadars chamber 

for considering of the abuses of the jjreceiding weik togidder with 
their best remedies sail be ilk Twysday betwix nyne and ten in the 
morning. 1 

Uth April 1647, 

Farme of [The Council being assembled with certain wine merchants and vintners] 

the excys . . . ^Y\q saidis Provest bailhes and counsell haveing proposed to the nighbouris 
whither they thoght fitt that the Counsell sould tak in hand the farming 
of the excys of the wynes for the publict use of the Towne or if they sould 
rather let the excys be sett to any particular nighbour or stranger all in 
ane consent did give their opinioun that it wes more fitt for the Provest 
baillies and counsell to undertake the same for the benefite of the Towne 
and that for their paLrt they would willinglie concurre obedienthe to doe 
everie thing that wes fitt for them to doe.- 

lUh April 1647. 

[All wine merchants and vintners are to make a return of the wines sold 
by them since March last and of their present stocks and deliver the same to the 
treasurer for the excise at the common booth under the Tolbooth where the 
excise formerly was collected.] ^ 

1 See Extracts, 1626-41, p. 51, and Appendix vi., p. 283, for the earlier college rules, to 
which these are supplementary. 

2 An act of 9th March laid down the excise leviable. An act of 16th March gave the 
proclamation for farming the excise, granting power to the committee for the excise to agree 
with any persons for that purpose (A.P.S. vi. (1), pp. 727, 750). 

' See A.P.S. vi. (1), p. 727, giving excise payable on beer, wme and spirits. 



OF THE BURGH OF EDINBURGH 119 

22,rd April 1647. 

[Archibald Sydserff and John Scott, goldsmith are appointed commissioners 
to the 25articular convention of Burghs on the 27"' instant.] 

Post meridiem. 
[The Council and extraordinary deacons order the old bailies to pay D'' George 
Rae's pension from 1st October last, being 600".] 

Forsameikle as the Provest baiUies dean of aild thesaurer counsel] and Anent the 

. - 1 1 1 r Toun.s buying 

deakens of craftis ordinar and extraordinar haveing agried and boglit tra of the Kings 

° , . . . ,. Wark in Leith. 

Sir William Dick of Braid aU and haiU the boundis and biggingis commoniie . . . 

named the Kings Wark ^ lyand in Sontli Leith bailliearie and liberties thairof 

for payment to be maid to the said Sir William Dick of the soume of fourtie 

fyve thowsand merkis quhich bargane is maid as ane Mertimes bargane 

At the quhilk agriement the said Sir William desyred of the counsell tliat 

they would tak to their consideratioun his great and many losses and that 

they would deliver him up ane band graunted be him to the good Toun 

contening the yeirlie payment of ten thowsand merkis for the spaice of 

fyve yeiris dureing his tak of liis Majesties impost and customes quliilk 

band conteins ane claus that if pest and warre be in the countrey dureing 

that tyme tlie said Sir William is to be frie of paying of the saids soumes 

and that in consideratioun of the said claus in his band he affirmeing that 

of the saidis fyve yeiris thrie of them the countrey wes visited be the sword 

and pestilence The quliiUv desyre the counsell taking to their consideratioun 

they all found that of tlie saidis fyve yeiris there wes twa of them quhairin 

the countrey wes visited with the sword and pestilence quhairby the said 

Sir William is frie of the payment of thes twa yeiris deutie extending to 

twentie thowsand merlds and William Trotter lait thesaurer and Jo" Bynnie 

lait kirk thesaurer haveing resaved in pairt of the said band the soume of 

eight thowsand merkis as be their severall discharges grauntit thaufoir 

and produced be the said Sir- William doeth appeir And the good Toun 

being now to pay to the said Sir WilUam for the land abonementionat as 

is abone exprest the soume of fomtie fyve thowsand merkis the counsell 

aUoweth the soume of twelff thowsand merkis in pairt of payment of the 

said soume of foiu'tie fyve thowsand merkis owt of the said Sir WilHam 

Dick his band dew to them and considering that the said soume of twelff 

thowsand merkis and the eight thowsand merkis formerlie payit with the 

defeasance of twentie thowsand merkis for the twa yeiris quhairin the pest 

and warre wes in the countrey mak up the soume of fourtie thowsand 

merkis And farder the counsell seriousUe considering the said Sir William 

1 See Extracts, 1604-26, pp. 97, 150, 152 and Appendix xxiii., p. 376. The cliarters relating 
to this transaction are in the City Archives. 



120 EXTRACTS FROM THE RECORDS 

Dick his great and heavie losses ^ and that he hes in former tjrtnes bein 
ane stedable member of this Cittie and considering tlie said band grauntit 
be him was ane voluntar deid for the good of this Cittie Thairfoir the 
eounsell all in ane voice unanimouslie agried that the afoirmentionat band 
be delivered up to the said Sir Wilham Dick to be cancelled destroyed and 
used be him at his pleasure and acquyts him the soume of nyne thowsand 
merkis quhilk compleits the said fyve yeiris payment of ten thowsand 
merkis yeirhe being in all fyftie thowsand merkis and ordaines James 
Rucheid to delyver to the said Sir William his said band and to resave 
from the said Sir William the riglitis securities and dispositioun of the 
saidis landis and for the corapleit pa5mient of the said Sir William Dick 
for the saicUs landis ordaines James Alisone thesam-er of Heriots wark to 
delyver to the said Sir WiUiam Dick his band of sevinten thowsand merkis 
awand to the said hospitall and the Provest baiUies and eounsell to subscryve 
ane new band to the said James Ahsone for the said seventen thowsand 
merkis for the use of the said Hospitall as also ordaines Jo° Jossie lait 
thesaurer of the Colledge to delyver to the said Sir Wilham Dick his band 
of twentie thowsand merkis dew to the Colledge and that George JoUie 
present thesaurer of the CoUedge tak ane new band from the said Sir WiUiam 
Dick for the soume of foiu- thowsand merkis and the Provest baiUies and 
eounsell to graunt a band to the said George Jolhe for the soume of sexten 
thowsand merkis for the use of the Colledge quhilk is defalked to Sir William 
Dick Quhilkis thrie sonnies viz twelff thowsand merkis allowed in liis band 
of fyftie thowsand merkis and seventen thowsand merkis awand be liis 
band to Heriotts hospitall with the allowance of sexten thowsand merkis 
dew to the Colledge maketh up the compleit payment of fourtie fyve 
thowsand merkis for the pryce of the saidis landis in Leith. 

29th April 1647. 

Anent the . . . Compcird Hew Hammiltoun and William Reid who with a competent 
excysabie° number of honest nighbouris had conveind this morning with George 
Suittie dean of gild and had debated all the best wayis quhairby to give 
satisfactioun to the Committee and Town eounsell anent the payment of 
the excys of all beir flesches and all sorts of merchandice excysable (wyne 
and tobacco excepted) ^ And now in open eounsell tlie said Hew Hammiltomi 
and William Reid in name of the rest of the nighbouris earnesthe did 
supplicat the eounsell that no letteres of horning sould be raised agains 

■ See pp. 13, 23, 26, 82 and 88 supra for some account of Sir William Dick's difficulties 
at this time. 

^ See p. 118 and note. 



goods. 



OF THE BURGH OF EDINBURGH 121 

them till the tyme that the Committee of excys sould sitt quhich they 
expected to be on Twysday nixt being bot a verie short tyme and that 
then they would deal! with the Committee for taking some moderat com-s 
specialhe that no oathis be from them exacted least it might occasioun 
great perjurie and many uther prejudices And if they sould not happen 
to agi'ie thairanent with the connnittee then and in that caice they did 
offer and promeis for themselflhs and wer confident a good number of the 
nighbouris conteind in the roll produced sould give in to the counsell ane 
reall accompt of their excysable wares within the spaice of fourtie eight 
houris thaireftu- Quliich propositioun the Provest baiUies and counsell 
haveing weill considered they fand that they could not desist from useing 
diligence for their owen exoneratioun and thairfoir ordained letteres of 
horning to be in the interim raised and as the counsell sail find most expecUent 
that the same sail be put to executioun. 

I2th May 1647. 
[A committee is appointed to meet] upon the effaires of Fraunce. 

•2lst May 1647. 

[The accounts of George Jolhe, last kirk treasurer, show a charge of 25,737" 18^ 
and a discharge of 23,650" 10^ 2''. He deUvered the balance, being 1,797" 7" 10'^ 
to John Mackmorane, present kirk treasurer.] 

•im May 1647. 

The counsell agries and consentis that there be borrowed upon interes [Borromng 
the soume of ten thowsand j^undis for payment of ane pairt of the monethlie maintenance.] 
maintenance dew be the good Towne to the General! Commissar to accompt 
and ordaines the Provest and baillies with then- clerk to subscryve a band 
for the same to Sir James M^Gill of Cranstoun Riddall ane of the Senatom-is 
of the Colledge of Justice. ^ 

28th May 1647. 

[Tack to the tacksmen of the Khig's customs and excise of] ane pairte of [Tack of 
the land laitlie bought from Sh- Williame Dick called the Kinges worke in for excise.) 
Leith viz. that great lodging high and laich a pau't quhairof is presenthe 
occupyet be Hew Shand with tlie sellers beneath the same and that uther 
great lodging witliin the clos with the bak gah-ie and four selleres under 
the same with the court and great yaird which wes the gardine with thrie 

1 Marginal note : 3rd December 1662. This act delett in respect of new suretie given 
14th February 1662. 



122 EXTRACTS FROM THE RECORDS 

timber sellers upone the bak syd of the Catchpell ane great old seller unde 
the eist end of Gilbert Hunters dwelling hows togidder with the eist yaird 
sometimes possest be William Downie and four great voultis upon the shoir 
[for seven years from Whitsunday 1647 for 1,600 merks a year]. 
[Tack of the Taking to consideratioune the report maid by the bailUes Edward 

mne.° Edgar and Johne Jossie James Rucheid and Robert Meiklejohne and 

finding that James Stewart had not given such satisfactioune as justhe 
was expected fand necessar without delay for thair awne exoneratioun to 
command the dark to insert in the counsell booke the act formarhe drawen 
up concerning there proceidinges in fermeing of the excyse for the Townis 
behove the bulking of the quhilk upone the said James his desyre had 
beine delayed and quhakof the tennor followes At Edinburgh the first 
day of Appryll i™ vi^ fourtie seven yearis ^ The qululk day the Provest 
baillies and counsell considering that they in the nioneth of Marche last- 
bypast intrustit and gave verball commissioun to James Stewart late bailUe 
to take in farme frome the lordis and utheris of the Committee of Excyse 
the particular excys of all excysable goodis within this brugh for the space 
conteind in the lait act of Parhament at the lowest and chaipest pryce 
he possiblie could quhairby both the nighboures of the Towne might be 
fred from the danger or oppressiovm of strangeris if the samyne sovdd fall 
in any particullar mans hand and the benefite that sould accres be the 
said farmeing might be imployed for releife of the commone burdens of 
the Towne 2iro fanto and that the said James on Saterday the [ ] day 
of Apryll instant maid report to the Counsell that the Committee would 
not sett the excyses of the Towne be themselves bot be way of divisioun 
had resolved to set in ane bargane the excys of the whole wyne in Scotland 
and in ane uther bargane aither to set in farme or appoynt collectores for 
the excys of aill and beir fleshes and all uther excyseable goodis within 
the brugh of Edinburgh hberties and pendicles thairof (Tobacco onhe 
excepted which alreadie was set in farme with the rest of the tobacco in 
the kingdome) And lykwayis that the said James maid report that the 
GeneraU Commissare had maid ane offer of ane hundi-eth thousand merkis 
for the excyse of the haiU wynes of the kingdome and that he conceaving 
the same might be prejudiciall to the guid Towne had made ane reall offer 
of fourscoir fjrftene thousand merlus for the same Which if the counseU 
were pleased for the behove of the towne he sould end the bargane for 
their use if not he would take the hazard in his awin hand and turne it to 
the behove of uthers liis freinds And becaus aU those of the Coiuisell could 
not upone the sudden be alyk resolute in a bargane of so great consequence 

* Marginal note : 17th July 1647. Delett at command of the Coimsell and in their owen 
presence. 



OF THE BURGH OF EDINBURGH 123 

it was umtuallie condiscendit upone that they sould have till Weddensday 
nixt thairefter being the nixt Counsell day to returne to the said James 
Stewart ane jjositive answer yea or no and that thaii-uj^one the Gounsell 
both for satisfactioune of thair nighboures and the better enabling of 
themselvis did upone Twesday inmiediatlie thairefter convene a considerable 
number of the wyne merchands and vintneris and procured their approba- 
tioun to tak the said excys of the wynes in thair awine handis for the publict 
behoofe of the towne rather thane it sould fall in the handis of any particular 
man quhatsumever and that upon Wednsday the bussines wes proposed to 
James Stewart quho alledgit that now res non erit Integra and that he 
had takin the delay on Saturday for a desertioun of him so that he wes 
forced that day to conclude the bargane with the Committee of Excys for 
the use of uther freindes and pairtneris and had put in the commissioun 
the names of Robert Lockhart as principall and WiUiam Levingstoun as 
cautioner and yet for guid of the towne he would be content to cans Robert 
Lockhart be comptable to the towne for the twa thrid pairtes thairof they 
allowing to him his deputtis and servandis the fies allowit be act of Parliament 
for collectioun of the excys ujDone the quhilk propositioun severalls of the 
Counsell thinking the caice farre changed from quhat was promised be him 
and expected be theme there are [ ] debait quhich continwed most 
pairt of that day yesterday and this day At lenth this medium wes 
unanimouslie condiscendit on be the counsell to be proposed to the said 
James Stewart which if he sould refus they would not farder ingadge in 
the bussines viz. that the said Robert Lockhart in whois name the com- 
missioun of excys presentlie standis sail denude himself of the tak in favoures 
of the guid Towne quhich done the Counsell saU give unto him ane new 
commissioun from theme for collectioun thau'of and sail appoynt some of 
there awine number who with James Stewart sail have commissioun for 
ordering and regulatting the haill bussines and for nominatioun of the 
haill servandis with a latitude to thame at there discretioune to allow 
quhat fies and recompances they sail think fitt for the collectouris servandis 
and utheris As also the Counsell sail give assurance to the said Robert 
Lockhart or any uther quhom the said James Stewart sail nominat of a 
fourt pau't of the profit of the said bargane he or they bearing a hazard 
of the foiurt paiit of the losse Quhich propositioun or medium being read 
in pubUct and j^roposed to the said James Stewart he deliberathe did give 
his answer that he would not accept thairof nor adJiere thairto inregaird 
the same wes not ansuerable to his particular ingadgementis to freindes 
upone thair refusall or not tymous undertaking of the said bussines and 
that unles the Counsell would accept the bargane in the termes he had 
proposed viz. tha Robert Lockhart sould be still taxsman his name being 



124 



EXTRACTS FROM THE RECORDS 



alreadie in the tak but sould be comptable for the thrie fourt paktes of the 
benefite for the use of the good to^^^le Secondhe that the said James sould 
have the sole nominatioun of tlie subcollectores and servantis and tlu-idhe 
that the said Robert Lockhart and his servandis sould have the fuU allowance 
of fies exprest in the act of Parliament quhich is ten of ilk hundreth he 
would not suffer Robert Lockhart to quyte his said tak but that he would 
keip the same upone his awine hazard for the use of liimself and his servandis 
Quhich answer many of the Counsel! taking verie hard and esteming the 
towne wronged thairintill they resolve to insist no longer upone the bussines 
bott to leive the said James Stewart thahin to himself and ordained ane 
act to be maid heiron and the proceiding carriage of the bussines to be 
recorded in the buikes of Counsell. 



[Pestilence at 
Dunblane.] 



[Payment to 
Col. Affleck.] 



[Provisions 
for Castle.] 



Caldtoun 

Ryott. 



2nd June 1647. 

Ordaines a proclamatioun to goe through the towne . . . that no 
merchand or inhabitant takes upone theme to repaire to the faire of 
Dumblane be reasone the pleague of pestilence is informed to be raging 
at the pleasour of God in thes quarteres at this tyme quhairby the saftie 
of this brugh may be greatlie indangered. . . . 

Ordaines the bailyies to borrow from the deane of gild the sowme of 
sex hundreth merkis for payment of heutenant Collonell Afflek the areires 
dew to him. . . . 

Ordaines [four members of council] to meitt and compt with the Constable 
of the casteU anent the meill and uther furnishing put in the castle in the 
tyme of the visitatioun. 

4th June 1647. 

[The accounts of the church at the Tron show a charge of 6,965" 8^ and a 
discharge of 7,598" 16^ 9'^ The treasurer to the buUding is to be repaid from 
the first money received for that church. 

James EilUes, water baihe, is appointed bailie of the King's Work.] 

Taking to their consideratioun the bill of complaint given in befoir 
theme this day be David Sinclair smytli Andro Gibsone baxter William 
Drummond dagmaker John Lennos dagmaker indueUares in the Caldtoune 
for themselvis and in name and behalfe of the remanent there neighboures 
inhabitantis there Makand mentione that quhair these thrie severall dayes 
bygane for quhat caus they know not a numerous multitude of prenteisis 
and journey men have come to thair houses in Caldtoun with swords 
battounes and utheris wappones offensive and wounded to the death George 
Watt weiver the said William Drummond Alex'' Gray cordinar James 
Miller tailyeor and certane uther neighboiues have turd there houses 



OF THE BURGH OF EDINBURGH 125 

broken up thair doores and winddowes have plundered and robed thame 
of thair plenishing and committed uther insolencies and outrages and to 
consumat their uther intentiounes and such like Desiring the saids Provest 
and baiUies to take consideratioun of the foirsaid complaint and to enqujre 
in the causes and authoris as the said bill mair fullie beires Quhairupone 
the saids Provest baiUies and counsell thought it fitt and expedient for the 
better tryall of the bussines first to examine all the memberes of the said 
counsell if any of thame knew any of the persones compleind upone or had 
any hand in the said ryott qulio all being (upone thair aithes) ane eftir 
another examined deponed they knew not any of those persones quho 
they were SeconcUie ordained the whole deakones of craftis ordinar and 
extraordinar to convein thair awin craftis and to take tryell if any of thair 
prentisis or journeymen were there of that companie and to report Thridlie 
haveing sent for the baillies of the Canogait compeird Alex'' Peiris and 
declaired that according to the ordour of the provest and baillies he had 
yesterday conveind a great number of the cheife neighbom-es and ordained 
the number of fourtie to be at or neir Williame Forresteres hous and if any 
tumult were to supjares it and to advertise him but that he had no report 
till this morning quhau'upone the counsell ordained the said baillie to have 
in reddines a compleitt companie in amies this night for suppressing any 
such futiu-e ryott or disordour least any such sail happin till further ordour 
be takin as also that the said baillie sould caws the deakenes of thair craftis 
convem and try if any of thaii- prentisis or jurneynien were compairtineris 
of the ryott and to report to him. 

Forsameikill as umquhill Johne Trotter merchand of this brugh be his [Legacy to 

St Paul's 

letter will and testament did ordaine and appoynt his sone Johne Trotter work.) 
to imploy and bestow the soume of four thowsand merkis conteind in ane 
obHgatioun maid to him be Johne Earle of Marre and his cautioneris upon 
sufficient securitie of land or annueh-ent be advyse of the Provest baiUies 
and counsell of Edinburgh for right and securitie of the annuelrent thairof 
to be payit to Robert Trotter his sone for intertaining and bringing up of 
poor children in manufactories of woll or hnt in his hospitall or warehous 
to be keipit ather in Edinburgh or Leith ^ and did nominat and appoynt 
the thane Provest and baiUies and counsell of Edinbiu-gh and thair 
successores to be oversieres of the imployment of the said rent on the said 
poore children and the said Robert Trotter haveing this day supphcatt 
the Counsell that seing the afoirsaid principall soume of four thowsand 
merkis is in the Counselhs awine handis that the rent thairof may be pnyit 
yearlie to him for the use foirsaid the quliilk the said Robert did the mair 
earnesthe sute that the intentioun of his umquhill father might be performed 

' See p. 20 supra. 



126 



EXTRACTS FROM THE RECORDS 



in the setting up the said manufactorie in his umquhill fatheris name and 
the Provest baillies and Counsel! finding that the said Robert Trotter and 
his brother Johne Trotter did upone the twentie tlurid day of December 
jm vie fourtie twa yearis frelie of thair awine consentis put the disposal! of 
(for the use foirsaid) the rent of the said sowme in the power of the Counsel! 
of this brugh to be imployed in Saint Pauls Work as in the said act at mair 
lenth is conteind And in consider atioun heirof the Counsel! doeth the mair 
wilhnghe agrie that the rent of the said fom thousand merkis be tearmhe 
payit to the said Robert Trotter to be imployed for the training up of 
poore children as heii-efter is exprest And for the better advancement of 
manufactorie the said Robert further doeth supUcatt that the houses at 
Bonning-towne appoyntit for manufactorie might be set in take to Iiim 
with ane htle peice of the haugh at the west end of the said hous being ane 
hundreth and ten elnes of lenth and nynteine ehies in bread at the eist end 
to be by himself on his awine changes enclosed for drying of his woll and 
uther uses The quhilk desyre the Counsel! haveing taken to thair serious 
consideratioun have unanimuslie agried to set in take to the said Robert 
Trotter his aires and assignayes the foirsaid hous at Bonningtowne with 
the foirsaid peice of the haugh for the space of twentie ane yeirs the said 
Robert and his successores being obleidged for the accustomed use of that 
pant of the hous for the taksmen of Pauls Work for stowring of thair sayes 
at such tymes as they sal! have occasioun and that the said Robert and his 
successoris sal! maintein the said hous and leiv the samen windtiglit and 
watertight at the tjrme of the expyring of the said tak And ordaines the 
annuelrent of the foirsaid sowme of four thousand merkis now in tlie towns 
hand to be termhe payit to the said Robert Trotter and his foirsaids the said 
Robert obleidging liimself to mainteine and upbring eight poore children to 
be put to his work be the Coimsel! and to niak yearlie ane accompt to the guid 
towne of the imployment of the said annuelrent upon the said children. . . . 
Grantis testimoniaU ... in favoures of W™ Lorimer and George 
Peacok merchand burgesis of this brugh testifing that the goode shipp 
caUit the Alexander of Borrowstounes quhairof umquhill Richard Dawling 
wes master wes takin upone the nynt day of May last betwixt five and sex 
houres of the morning be Captane Corrieluis hilt master of ane Irish frigot 
belonging to Wexfoord in Irland and that the hail! goodis and sliipp was 
taken be him m prys and tliat in regaird the samyne is notourlie knowen 
and alreadie proven to the counsel!. . . . 

nth June 1647. 

[Manslaughter.] Electis and nomiuatis WUham Thomsone to be commissioner for tliame 
to his Majestie anent the ryott and slaughter committed be Williame Scott 



[Testimoniai, 
captured sliip. 



OF THE BURGH OF EDINBURGH 127 

against Johne Craw ane of the guard he being on the watch and to deall 
with his Majestie either for staying ane remitt to the said Wilhame and if 
it be past befoir his coming to desire his Majestie in respect tlie said Johne 
was killed in the townes service and so may exasperat the nighboures that 
non wiU repair to the townes watcii that he would recall or stay the said 
remitt that justice may take place and the land and towne purged of inocent 
blood. . . . 

Uth June 1647. 

Compeird my lord Earle of Balcleugh and presented ane act of his [Manslaughter] 
Majesties Privie Counsell quhau'of the tennour folio was Ajnid Edinburgh 
decimo quinto Junii 1647 Forsamekill as the Kinges majestie lies beine 
pleased be a signatour under his royaU hand of the dait at Newmarket the 
tueLf day of Junii instant to grant a remissione to W™ »Scot sone to Ro' 
Scot of Hart Woocbnyre for the slaughter of umquhill Johne Craw induellar 
in Edinburgh Thairfou* the lordis of his Majesties Privie Counsell dischau'geth 
the Provest and bailhes of Edinburgh and all utliers whome it eff'aires for 
putting the sentence of death to executione against the said Williame Scot 
Lykas James Wiiu"ahame of Woirstoune being personaUie present acted 
and obUdged himself as cautioner for the said W"" Scot that he sail give 
assythment and satisfactione to the narrest of kin of the said umquhill 
Johne Craw and procure a letter of slaines from thanie or if they sail refuisse 
to accept that he sail give such satisfactione and assythment as the Counsell 
of Exchequer sail appoynt and that betwixt and this day moneth. . . . 

22,rd June 1647. 

[Archibald Tod, Provost, Archibald SydserfiF and Robert Meiklejolme are 
appointed commissioners to the convention of Burghs in the Town.] 

2?ifZ July 1647. 

Forsamekill as than- being certane shijis appoyntit for convojdng of convoy 
the merchand ships and it being reported be Archibald Sydserff that thair "'""'■ 
was certane ships going to the eist in the read and that thair was some 
utheris going to Flanderes and he thairfou- requyred the Counsells advyse 
which of thame sould be preferit The counsell considering that those ships 
that are bound to the eist are readie and the uther not as yet reacUe thairfoir 
thair advyse is that the schips bound to the eist sould be prefferit in respect 
the convoy may returne to thame to convoy those bound to the south. 

[The Town being due one montli of the first .seventeen months maintenance, 
the Committee has assigned the same to Lord Humbie. Bond is given to him 
for payment at Michaelmas of 5,175''.] 



128 



EXTRACTS FROM THE RECORDS 



nth July 1647. 

[Ministers.] The quhilk day the provest baillies Counsell and deakones of craftis . . . 

did condischend on the names of the ministeres following as to be presented 
be the counsell to be ministers of this brugh and for that effect having 
conveind befoire them M^ Andi'o Ramsay M"" Williame Colein M'' Johne 
Oswald M'' Robert Dowglas M'' Mungo Law and M'" Robert LawTie ministers 
with so many of the sex sessiounes as did ujjone thair wairning compeir 
the said provest . . . did intimate to the saids ministeres and sessiones 
that they were to present unto the presbritie M^' James Hamiltoune ^ 
M"" Wilhame Straquhan and M'' Wilhame Rait and M"" Johne Annand to 
be ministeres and requyred the particullar oppiniones of the haill ministerie 
and neighboures concerning the said presentatione Cjuho all except verie 
few did most wiUinglie condesend to thes four men abonenamed to be 
presented to the presbritie to be elected ministeres of this brugh. 

Uth July 1647. 

[North Leith is to be extented for twenty-nine men, being their proportion 
of the monthly mamtenance. 

The kirk treasurer's accounts for the year from January 1645 show a charge 
of 26,160" 1 P 10" and a discharge of 20,727" 6= 8". The balance of 5,433" 5" 10" 
is to be paid by him to the present treasurer. 

Commissioners are to be sent to the presbyteries of Brechm, Aberdeen, 
Inverness and Dumfries to arrange the transfer of the four ministers elected.] 



[Unfreemen 

and 

merciiandise.] 



16<A July 1647. 

Understanding that the frie burgessis of tliis brugh are heavihe prejudged 
and damnified be ane numljer of unfrie jjersones who . . . doe daihe and 
hourlie afif the marcat day tak occasioun without controlment to vent and 
sell sindrie sort of merchandice such as webs of hning and wollen cloth 
plaids and such hke quhilk aught to be sold be the frie biu'gessis themselves 
and sicklyk the saids unfrie persones upone the mercat dayis quhen 
they ar keiping there standis in the mercat place lies thair wyfis bairnes 
and servanda goeing throw all the streits and vennells of this brugh to 
privat housis and selhng thair webs plaids and such hke merchandice. 
[Proclamation is to be made forbidding these practices under pam of confiscation 
of the goods and further punishment.] 



' See p. 94 supra. He was admitted on 26th November. Second minister of Old or Mid 
Chiirch (Cameron Lees, History of St Oiles, p. 284). The call to the other three was not 
sustained. 



OF THE BURGH OF EDINBURGH 129 

2lst July 1647. 

[A particular convention of burghs is siuumonedl and that for treating [Burgiis and 
anent such thinges as may be incident befoii- the Committee of Estaites Estates.] 
appoyntit to be at this brugh the 2 of August nixt As also anent the staple 
port of Campheir as also for ane answer to be sent to the burrowes be the 
Towne and anent the factores residing there. . . . 

Ordaines proclamatioun be sound of drum to pas throw this brugh and Prociamatioun 
liberties thairof at the desire of David Pebles merchand to invite such 
sort of persones men and women as he can agrie with upon guid conditiones 
to goe with him over to Virginia and make ane plantatioun thair. . . . 

22,rd July 1647. 

[M^ Andrew Ramsay is appointed commissioner for the College to the General 
Assembly on 4tli August.] 

30</i July 1647. 

[George Suittie and Robert Meiklejohne are appointed commissioners to the 
convention of burghs. 

James Rucheid and David Douglas are appointed commissioners to the 
General Assembly.] 

Zrd August 1647. 

Forsamekill as the Provest bailhes and counsel! eftir long and mature [Collectors 

1-11/-^ appointed for 

deliberatioun finds the great and heavie prejudice which the Commoune extents.) 
good of tliis brugh hath from tyme to tyme susteind tlirow the not thankfull 
payment of the extentis be severall nighboures quhairby great sowmes of 
money are fund to be yet restand awand unpayit . . . Quhilk lose and 
prejudice is specialhe occasioned be the heavie troubles which have continued 
thes yearis bypast and quhairby the baiUies (formerhe collectores of the 
saids extentis) became not onhe unable to spair tyme for the dihgent 
coUectioun of the saids extentis monetlilie maintinances and uther burdinges 
but were hardlie able to performe the uther pahtes of there functiones and 
chahge [Therefore collectors are appointed for each quarter of the Town to 
collect the present extent for maintenance of the army and all possible arrears]. 

nth August 1647. 

[M'' Thomas Speir, one of the keepers of the College Ubrary having died, 
M^ Andrew Suittie is continued as sole keeper at a salary of 400 merks.] ^ 

mh Atigust 1647. 

Admittes and ressaves Edward Little to keip a vulgare scoole for reiding (vuigar 
wryting and cyphering that youth may be thairin educate. 

' See p. 88 supra. 



130 



EXTRACTS FROM THE RECORDS 



IBUlof 
Health.] 



Grantis bill of health to Johne Grersoun ^ maister of the guid shipp 
callet the Alexander of Prestounepannes testifieing that certane merchands 
. . . hes shippit in his shipp quhau'of he is maister ane certane quantitie 
of victuaU consisting of quheat and uther grains to be transportit from Leith 
to Cadiz in South Spaine. . . . 

[A simOar bUl of health is granted to Robert HamUtoiui, master of the 
" Aiitelope " of Prestonpans with a similar cargo also bound for Cadiz.] 



[Wall in 
Leith.] 



Act pryce 
admissioun 
burgessis and 
gild brether. 



21th August 1647. 

[Payment is to be made to John Mylne, master mason, of 476"] debvu'sed 
be the said Johne Mylne upon the building of that waist in South Leith 
called Wilsones Wall by and attoiu- the pryce first condischended on. . . .^ 

[WiUiam Law, servant to the Earl of Crawfurd and Lmdsay, Lord High 
Treasurer, is to be admitted burgess and gUdbrother gratis.] 

Forsamekill as the Provest badlies and Counsell finding the great damnage 
and prejudice the towne sustened be admitting of biu-gessis and gild bretherne 
at such low pryces for the saids fridomes as they were of old accustomed 
to pay quhairby the said friedome becomes contemptable and the towne 
overburthened with numbers of poore straingeres quho bought thair said 
friedomes for the most pairt for no uther use but to tope wyne and beir 
They upone the tuentie fourt day of Junii i"' vi^ foiu-tie and sex yearis 
after ry|De advyse did condischend that the lowest pryce for quhilk the 
friedome of being maid burges could be sold for to a stranger sould be 
aught scoir poundis togeather with ten poundis for armes by and attour 
thair upsett And the pryce of being admitted gild brother to be tua hunch-eth 
and fourtie punds and sexten poundis for armes with than- uther orcUnar 
dewes. [Accordingly they gave verbal orders to the dean of gild to admit strangers 
only upon such terms until an act of council should have been made embodying 
that and other clauses relative to the freedom. The completion of this act having 
been prevented they approve the dean of gild's obedience to their orders and 
require him to continue to do so until he receive orders to the contrary. 

Payment is to be made to John Maxwell, advocate, of 1,050 merks for two 
years' rent of the General's lodging to Whitsunday 1647.] ^ 



\st September 1647. 

[The late M' Alex^ Hendersone having left to his nephew George Hendersone 
the arrears of stipend due to him by the Town, the kirk treasurer is ordered to 
pay to the said George 2,500 merks. The dean of gild is to make him burgess 
and gUdbrother gratis. 



' See p. 106 supra. - See p. 41 supra. 

' Probably the Earl of Leven is meant, who was still commander in chief of the forces. 



OF THE BURGH OF EDINBURGH 131 

John Leslie, merchant in Aberdeen, and Robert Seatoun. skipper, are fined 
400 and 100 marks respectively for uiiloadmg French salt without making entry. 

James Twedie, present deacon of the wrights, is to be received gildbrother 
gratis.] 

5rd September 1647. 

[The following persons are to be received burgesses and gildbrethren. The 
right honorable David Leslie, Lieut. General of the forces of the Kingdom, Major 
Generall James Holburne,i Colonel Colein Pitscottie, Colonel Walter Scot, 
Mf Robert Meldrum, Capt. Peter Gorkom, captain of the " Sandenburg " of 
Campvere, General Quartermaster Robert Innes, Lieut. Colonel John Innes, 
Capt. Peter Innes, Rutemaster Carmichell, Col. Alex'' Barclay, Major George 
Meldrum, Messrs James and Collin Campbell, as the Lieut. General's comrades and 
friends ; also David Weymes, Robert Andro, William Wright, William Wallace, 
WiUiam Sinclair, David Thomsone, James Watsone, James Warnok, Robert 
Imies, John Birsbane, servants and attendants of the said Lieut. General, and 
John Hamiltoun, Quartermaster to General Holburne ; also Thomas Cun3aighame, 
Conservator at Campvere,^ and James Eleis, factor there.] 

8th September 1647. 

Ordaines the thesaurer to content and pay to William Shaw merchand [Banquet.] 
the sowme of tlirie scou- nynteine punds elevin shillinges for banqueting 
stuff furneist ... at the feist given to the lordis and uthers of the exchequer 
and also to content and pay sex poundis thretten shillinges four pennyes 
for banqueting stuff furneist be him at the feisting of Lieutenant Generall 
DavidLesUeGenerallMajor Holburne the lord Conservatour and uthers. . . . 

\bth September 1647. 

Compeired Ancko Gibsone induellar in Glasgow quhom the Counsell [Saie of siik] 
unlawes in the sowme of fyftie poundis for selhng of silk to bm-gessis in 
this brugh without making offer thairof to the Towne. . . . 

Ordaines the baillies to content and pay to M^ William Colvin and [Payniint for 
M"" Mungo Law the sowm of fyftie poundis sterhng for the use of the widdowes soldiers.] 
of lame and killed souldiers and to chairge the same upone the Generall 
Commissarie in the first end of the maintenance dew be the guid towne to 
him conforme to the said generall Commissarie his precept. . . . 

• Holburne had been defeated by the Marquis of Montrose at the battle of Kilsyth. It 
was to hun that Macleod of Assynt surrendered tlie captive Montrose. 

- Cunningham was in Scotlantl for the business of tlio supply of arras and payment for 
them. He narrates in his Journal {S.H.S. 3rd series, vol. xi.) how the debt stood as due to 
him and James Weir, factor at Verre, since the Lampsins, merchants of Middleburg and 
Flushing, the real suppliers of the arms and ammunition, miglit not appear in the transactions 
because of the neutrality of the Estates of Holland. He states that the amount due was 
179,420li 17s Scots of principal. On 4th September the Committee of Estates delivered 
written acknowledgment of their indebtedness. His confirmation in the office of Conservator 
was dated 26th August 1647. 



132 



EXTRACTS FROM THE RECORDS 



[Repair of 
bridges.] 



nth September 1647. 

Grantis towardis the mending and reparing the Coltbrige and Crawmond 
brige the sowme of tuo hundreth merkis . . . the one half to be payed to 
M"" W™ Dalgleish minister at Cramond and the uther half to M^ James 
Reid minister at the West Kirk for the use foirsaid. . . . 



[Sir WilUam 
Dick's debts.] 



22nd September 1647. 

[Mr George Gillespie, minister, is transferred from the S.W. to the north 
parish of the Town.^ 

Sir William Dick owes to the Town for extents and the rent of the Society 
before 1646 the sum of 6,110" 13^^ 41] ^ off the quhilk sowme foirsaid the said 
Sir WiUiam requyres to be discharged of the sowmes following . . . viz. 
of the sowme of aiight hundreth fourscoire aught poundis threttine shillings 
four pennies for four monethis maiU of the Societie be reasone the same 
lay so long waist in anno i™ vi^ fourtie years the tyme that the Castle was 
beseeged . . . more of the sowme of tuo thowsand merkis for ane half 
yearis dewtis of the Societie from Beltane to Halames i™ vi^ fourtie fyve 
yearis being the tyme of the heavie visitatioun during quhilk tyme the 
saids workes lay idle And fiu-ther requyres four monethis defaulcatione 
of the maill of the said Societie from Halemes i"" vi*^ fom-tie five yeares to 
March i™ vi^ fourtie sex yeares extending to eight hundreth foure scoue 
eight pounds thretten shillinges foure penneis and lasthe he craves the 
sowme of ane thowsand pundis for customes of timber leid and ammunitione 
imported to Leith for the use of the guid Towne and thair common warkes 
preceiding the terme of Halemes lastbipast . . . extending in the haill 
to the sowme of foure thowsand ane hundi-eth and ten pimdis thretten 
shiUinges fom'e penneis. [The Coimcil agree to the same and find the said 
Sir WiUiam due to the Town only 2,000".] 

2Qth September 1647. 

[M>' Robert Levingstoune is elected a doctor in the High School. 
M'' John Meine minister at [Anwoth] is made burgess and gild brother gratis 
by right of his father Johne Meine, elder, merchant.] 

6th October 1647. 

[Water baihe, John Pearsone ; baron baUie, John Marjoribankes. 

Baron baihe in the Canongate, John Bynnie ; baLLies of the Canongate, 
Alexander Peirs and James Tuedie. 

CouncQ for 1647-8 : Provost, Archibald Tod ; Bailies Robert Fleyming, 
Robert Mastertoun, Hew Hanultoun, Robert Sandilandis ; Dean of Gild, George 

1 That is from Grayfriars Church to St Giles, the New or East Church. 
" See p. 82 supra. 



OF THE BURGH OF EDINBURGH 133 

Suittie ; Treasurer, Thomas Leishman ; Council, James Cochrane, Edward 
Edgair, Archibald Sydserf, John Fairholme, John Jossie, James Riicheid, Patrik 
Thomsone, George Stirhng, William Reid, Robert Trotter, James Tuedie, skinner, 
George Cleghorne, goldsmith ; Ordinary deacons, Robert Meiklejohne, skinner, 
David Dowglas, surgeon, John Scott, goldsmith, James Monteith, hammerman, 
James Fentoun, tailor, John Pollok, shoemaker ; Extraordinary deacons, Thomas 
Sommervell, furrier, Alexander Cleghorne, wright, John Mylne, mason, John 
Baillie, baker, James Gairdner, flesher, Patrik Cochrane, weaver, Thomas Storie, 
waulker, William Stirlmg, bonnetmaker.] 

8th October 1647. 

[Bill of health to Robert MiuTay, trading to Cadiz with wheat, beans, wax 
and Scots linen. 

Hector Campbell is to be made burgess gratis, dispensing with arms.] 

Taking to consideratioun the severall informatiounes and heavie com- [Export of 
plaintes of the neighboures and inhabitantis of this brugh againes the forbidden.] 
extortioun used be the candelmakers tlu-ow the excessive pryces of candle 
exacted be tliame in so farr as nj^on the most necessar occasiounes they 
cannot many tymes be furnisht with candle at any pryce . . . and finding 
the caus thairof to be that the saids candelmakeris doeth not onUe vent 
thair candle to ckappers or retailers and choi^ekeippers within this bnigh 
hot also be selling of taUow and candle to the inliabitantis of uther burrowes 
and to countrey people of all sortis but speaciaUie to merchandis and 
mariners who contrair to the lawis of this kingdome transport the same 
beyond seas [therefore it is statute that candlemakers shall sell to burgesses 
and inliabitants alone tiU 1st January next.] 

Ibth October 1647. 

[Price of tallow, 2" 13^ 4'' the stone ; price of candles 3'' 4^ the stone and 4^ 4'' 
the poimd.] 

18th October 1647. 

[M'' Andrew Suittie, keeper of the College hbrary, is elected a regent of 
philosophy there in place of M'' William Tuedie preferred to be minister.] 

22nd October 1647. 

[M'' Francis Adamsone son of the late M"" John Adamsone, writer, is appointed 
keeper of the College library.] 

Grantis testificat ... to Johne Burrell burges of this brugh testifieing Testiflcat 
his guid cariage life and conversatioun sen his last returning heir and ""'^'^ ' 
recommending him to the Estaites of Friesland quhair he did spend a 
great tyme and susteind great hurt and skaitli in the service of the Estaites 
of Holland for ratificatioun of the former rightes of liis jDensioun renewing 
of the same and ansuering him thairof. 

i2 



[Expenses of 
M. de 
Montreuil.] 



134 



EXTRACTS FROM THE RECORDS 

29th October 1647. 



Ordaines the late thesaurer to content and pay the accompt spent 
upone Monsieiu' Montreuil agent for the Frensch king extending to the 
sowme of ane liunch-eth thriescoire eightene pundis fyftene schillinges six 
penneis and aUowes of the creating of the said Mons"" Montreuil burges.^ 



[Price of 
bread.] 



5th November 1647. 

[A committee is appointed to regulate the seating in the church at the Tron 
and to settle the prices. 

M'' James Pillans, regent of humanity, is promised the first vacant place of 
regent of philosopliy in tlie College. The matter of an mcrease of salary is to 
be considered.] 

12th November 1647. 

Stattutes the paise of the best wheate bread to be . . . ilk twelve pennie 
loafe ... to weigh ten oimces . . . Item that the tuelve penny loaffe 
of the second sort of wheate called soure bread weigh tlu-ettin unces and 
njrne drop . . . and the thrid sort of bread called the masloch bread the 
twelf jDenny loafe to weigh ane pimd fyftein ounces. 

[Price of ale IQ"^ the pmt ; strong beer 20" and small beer 10''.] 



Uth November 1647. 

[Price of ale] Having considdercd [that] some of thair number qulio had spokin with 

the Lords of Sessione anent the pryce of aiU qidiich some wold have raised 
to tuentie pemieis they find unaniuiushe tliat the aill aught to be continued 
at the rate of sextene pemieis the pynt conforme to the act of counsel! daited 
yesterday. 

[Various acts agamst forestaUers and regraters are renewed. A table is to be 
made of the highest prices which may be taken for poultry and other victuals.] 



19th November 1647. 

[Bill of health to John Downie, skipper and master of the " Alexander " of 
Leith, bound for Newhaven in France with salmon, skins, cloth and brass. 

Payment is to be made to John Halyburtone of the ClianceUor's house rent, 
being 270" for three terms from Whitsunday 1646. 

A voluntary contribution is to be taken from the inhabitants of the south 

' Jean de Montreuil had been sent to England in July 1645 by Cardinal IVIazarin, nominally 
as agent to the Scottish government, but in reality to see that a settlement satisfactory to 
France should be reached. He was instrumental in procuring the King's decision to go to 
the Scots army, upon conditions for which ]\Iontreuil had obtained only a verbal guarantee 
from the Scots leaders. The Commission of the General Assembly on 8th February and 
19th April 1648 concerned themselves with the facts that he had a priest and that mass was 
said in his lodgings {Proceedings, i. pp. 348, 458). 



OF THE BURGH OF EDINBURGH 135 

east parish] in respect of the want of ane steiple and ane sufficient cover [ciiurch at 
being hitherto covered with daills. 



Tron.] 



wuik.] 



2Ath November 1647. 

[Mr James Hamiltone minister is to be presented to the presb5d;ry and 
consent asked for his admission on Friday next. 

M"' George Gillespie and M'' James Hamiltone, ministers, are to be admitted 
burgesses and gUdbrethren gratis.] 

2Qth November 1647. 

[The statute against forestalling and regrating of poultry, butter and cheese 
is renewed. 

The Town Council renew certain articles granted to the hammermen on [Hammermen's 
3''" September 1617 as follows] Dischairging all oppen mercatts to be usit 
of any of the hammermen wark of this brugh upon the Hie strait creamers 
boordis or bacliletts nor shawen in their handis nor signes set out to sell 
in na patrt foir nor baksydis within this brugh bot allanerlie upon the 
mercat day as also that na common cramer within this brugh sell or 
tope any hammermens warke nor regrait it againe to any unfriemens use 
under the paine of poynding of the goodis and wau'ding of the persones • 

of the contraveineris swa oft as they failyie ujDon complent maid to the 
magistratis of this brugh be the deaken and brethren of the saids craftis. . . . 

\st December 1647. 
[To expedite the collection of the monthly maintenance] ordaines that the [Collection of 

/-< 11 • -'m-i ciii maintenance,] 

Lounseil convene everie week twyce viz on Monday at two ot the cloak 
in the eftirnone and sickyk ilk Thursday at ten of the cloak in the foirnone 
and to convene befoir them the collectores of the said maintenance or 
extentes togidder with sutch of the neighbours as the saids collectors saU 
complene of foir there not thankfuU payment of the saids extentes and to 
take soutch coiu'se with theme for thair refusall as they sail think fitt. . . . 

[Accounts of the kirk rents belonging to the College : 1644, charge 
3,320" 6« 5", discharge, 2,485" 7^ 10'' ; 164.5, charge, 2,542" 14^ 7<i, discharge, 
2,295" \Z^ 4'i.] 

Haveing appoynted George Suittie dean of gild Joline Jossie late baillie [New chambers 
Robert Meiklejohne deaken of the skinneris and George Jollie present 
thesaurer of the Colledge to visite the wall which is to be built to the Toun 
wall of such a height that chalmers may be built thahto as also to visite 
the chalmeris in the corner and nixt to the chalnieris laitlie built be James 
Miu'rey quliich is to be built on the Colledge chairges as also to visite the 
pairt in the chalmeris quhich were built be umquhill Sir Thomas Hope 



136 EXTEACTS FROM THE RECORDS 

and iimquliin Williame Rig ^ that fals windowis may be strucken out on 
the north court m the said C'oUedge to naake it uniforme and farther to 
consider of the necessitie of taking away of ane old hinging stair liinging out 
on the north syde of the old hous and the saids visitores haveing reported 
the expediencie of the finishmg and perfyting of the said liaill particulars 
the Counsell of new did appojaat the saids i:)ersones abone exprest to meitt 
and agrie wdth Johne Mihie master maissone to accomplish and finishe 
the saids haill particidaris upon ane penny both for warkmanship and 
materiaUs. [The agreement having been produced, the present and succeed- 
ing treasiu-ers of the College are ordered to see it carried out] and the materialls 
to be fiu-nished and the warkmanship on Johne Milnes chairges and ordaines 
the thesam-er of the CoUedge to redd the ground provj'd skaffolding and 
such yron warke as is necessarie as also to make pajTnent to Johne Milne 
of the sowme of f\^tene hundreth poundis Scottis money agried upoun 
for finishing the said warke viz. fyve hmidreth poundis thairof in hand 
and uther iyve huncb-eth pounds qidien the half of the warke is finished 
and the thrid fyve hmidreth pounds in compleit pajmient of the said fyften 
hundreth pounds to be payit at the finisliing of the saids haill warks. . . . 
[The sum of 1,000" with two years amiualrent thereof due by the Town to 
the late Thomas Dods is to be employed on the building of the above chambers.] 

[Maker of Grantis Hbertie and licence to Robert Devuiport Enghshman maker 

mathematical . ,, . ... i i ji- r i • 

instruments] ot uiathematicall mstruments to exercise his trade and cauing ot making 
of the saids mathematical! instruments and making or mending of watches 
within this brugh and hberties thairof and to keij) liis abode and residence 
heir . . . for serving of his Majesties Hedges and teaching of his trade to 
such uthers as sail enter to his service without trouble or molestatioun. . . . 

[Town Mills.] [A committee appointed to inspect the mills] fand that for this present 

yeir there wes a necessitie to repair the saids myhies in maner following 
viz. that there be furnished to the sklait niylne ane new axiltrie quliilk is 
presentlie lying besyd the said mylne as lykwajds ane new inner qulieUI to the 
same mylne cpiliLlli wes to be maid up out of a part of the twa quliilk is lying 
presentlie thair in the Touns magazin Lykas they fand four utter qidieills 
of the tua mylnes callit Wawers milnes the sklait myhie and eister myhie 
to be weak old and defective some more some les quhairof they thinlv it 
expedient that the good Toun be at the chairges of twa haill new utter 
quheills and as for milstones the saids visitores finds necessar that the 
staine that wes last taken af the wester malt mylne be friehe grantit for 
suppUe of the eister mylne next to it and for the new stane that is lying 
pickeing at Wawers milne door togidder with ane good yvon girth to be 
maid and put about it for supplieing ane rift in the one syd thairof be friehe 

• See Extracts, 1626-41, p. 4, and Extracts, 1604-26, p. 268. 



OF THE BURGH OF EDINBURGH 137 

given to the sklait mylne As lykwayis they fand that the old inner quheill 
standing i^resenthe at the sklait mylne door be cairfullie keipit dry in 
magazen sieing twa new spaikes will niak it yet sufficient And in lyk maner 
that how soone any new utter or inner quheills be put in that the old anes 
be put also in magazen. [Tlie report was approved and the treasurer ordered 
to do the repairs.] 

[The CouncU, because of the dearth of victuals and because the baillies are 
too much occupied otherwise to inspect the markets, divide the Town markets 
mto three divisions and appoint five visitors for each, of whom one is a member 
of Council. The divisions are : the butter, cheese, wool and land flesh market ; 
the poultry, fish and nether flesh markets ; the bread, ale and meal markets ; 
the stables for corn and the candlemakers. 

The following instructions are set down for the visitors.] 

Imprimis they sail suffer no regraitters nor foirstallers to resort to the [Rules for 

■*- -^ ^ Inspectors of 

saids mercatts. Item they sail not suffer the housing of no kynd of vivares Markets.] 
bot sail make aU be presented to the mercatts and saU make search for this 
effect. Item they sail punishe all regraitters and foirstalleris. Item they 
sail punishe all them that buyis or selhs any vivares outwith the mercatts. 
Item they sail apprehend and punishe all such as goes throw the Town to 
sell vivares. Item they sail punishe all such as bu3ds any vivares comeand 
to this Town within fom' mylnes of Edinburgh. Item they sail set pryces 
upon all vivares once in the moneth be adyce of certaine elect persones 
such noblemen and gentlemens caitters and hoslaries and sUilyk quhom 
they sail have power to choys and cite for this effect. Item they sail sie 
the tables of the pryces of the vivars maid and to be maid to be keiped 
and punishe the transgressom-s. Item they sail sie the stablers statutis 
maid anent corne and strae to be put to executioun as also the statutis 
maid anent talloun and candle put to executioun. And last they sail 
exact the unlawis according to tlie Touns statutis and sail be comptable to 
the bailhes for the samen the saids baillies haveing allwayis jDower to moderat 
the unlawis. And for the better observing of the saids injunctiouns and 
for effectuating of the premisis the saids Provest baillies and counsell gives 
fuU power and commissioun to the saids visitours to waird the persones of 
all transgressoiu-s of the saids lawis and statutes to poynd their goodis at 
their pleasiure.^ 

Ordaines the maisters of the hospitall at Leith wynd foot to content and 
pay to James Hamiltoun precentour of the Colledge kirk the sowme of 
ane hundreth merkis as his ordinare yeirlie pensioun for his service to say 
prayeris to the poore of the said hospitall. 

' Visitors of markets had been appointed previously [Extracts, 1604-1626, p. 75), when 
regulations were made for their guidance. See also pp. 15, 16 supra. 



138 EXTRACTS FROM THE RECORDS 

3rd December 1647. 

[M' James Hamiltoun is appointed colleague to M"" Andrew Ramsay, minister 
of the church of the south parish.] ^ 

6th December 1647. 
Convenerunt in academia Jacobi Regis. 

Orders for [A part of the council and ministers with the rector, princifial and regents 

andTcoUeris^n being Convened] it is thoght good and expedient that the immatriculatioun 
o e ge. ^^ ^j^^ schoUeris be maid in the presence of the Rector and his assessores 
sail happen to meitt that they take a cours to call befoir them the expectantis 
of theologie and to admonish them of sik omissiouns as any of them ar 
suspected to be culpable of with certificatioun if they doe not amend that 
they will not onlie debar them from the libertie of comeing to the CoUedge 
hot also will represent their faults to the presbj^rie. Anent the tlurid 
article of the dewties requyred of the regentis it is thoght fitt that in the 
studie dayis the scholleris convein at half twa in the sclioolis quhair the 
catologue being read and absentis marked such as have chalmeris may 
retire thither for theii" privat studies till four hoiu-es and such as have not 
chalmeris ar to exercise themselffis in the privat scholhs and that the regentis 
be ordained to attend npon them and that the Janitor keip clos the utter 
gates. Item that the Primar may meitt with the clerk and frame ane 
act or twa anent the teatching of lessouns to the schooleris on the Sabboth 
day and for the schooleris returning to the Colledge efter the eftirnoones 
sermones to give accompt of the foirnoone and eftirnoone sermones and 
that a visitatioun may be maid in Lent quhairin notice may be taken what 
dilegence hes bein done in teatching of the saids lessouns and quhat 
proficiencie the scholleris hes maid thairin. Item at the nixt meitting that 
the professor of the Mathematiques give in ane accomjit of his forme of 
progres in teatching the said science. Item that upone the thrid of Januar 
nixt the Rector and his assessors take ane accompt of the Bibliothecar of 
the haiU bookes and uther particuUaris committed to his custodie and that 
the twa bookes inventars be compleitUe filled up and that ane accompt 
be maid of the moneyis given in for buying of bookis to the Colledge thes 
thrie or four yearis bygane. Item that thair be a visitatioun maid of the 
ruiff of the bibliothek quhairin now presentlie the bookis stand. Item 
that upone the last Moonday of December the Rector be chesein. 

' See p. 66 supra. 



OF THE BURGH OF EDINBURGH 139 

8th December 1647. 

[Crames in the Parliament House or yard or round the Cross are forliidden. 
Cramers are allowed till the IS*^" of the month to dispose of the wares upon their 
hands. 

James Kyle, servant to the Earl of Leven, is made burgess gratis.] 

loth December 1647. 

Compeird M^ James Hamiltoun minister of this burgh and M'' Johne [Schoolmaster 
Learmonth minister at Moffet and declared that they had commissioun " 
from the presbritie of Lochmaben to make knowne to the Towne Counsell 
of Edinbm-gh that they in their visitatioun of the kirk and scoole of Moffet 
had found the place of being scoolemaster of the said Towne of Moffet to 
be vacant through the miscariege and neglect of M"" James Carmure quho 
eftir many admonitiouns had gevin bands for his better behaviour but 
that thes bandis were altogidder violated and brokin And that thairfoir 
the presbritie had represented the same to the Sjaiod of Dumfreis who 
lykwayis eftir heiring the report declaired the said place vacant And thair- 
foir the saids M^ James Hamiltoun and M"^ Johne Learmonth desyi'ed the 
counsell in name of the presbritie foirsaid to think upon some uther qualified 
persone quhom they would present to the said jilace Quhairupon the Counsell 
ordeaned Johne Jossie late baillie to speak with my lord Hartfell and to try 
further anent the behaviour of the said M^ James Carmure and to report. ^ 

Taking to thair consideratioun the great hurt and prejudice may aryse '5^;™^^°*;™^°'' 
be the passing a gift of searchiarie of Leitli and Prestone in behalf of Bernerd ^1}^^°^^ 
Lyndsay which now is pressed in exchequer Thairfoir have thought fitt Lindsay.] 
and ordaines a missive to be sent to the In-ughis of Lithgow Glasgow Stirling 
Aire Kirkudbright Lanerik Bruntiland Kinghorne Kirkaldie Hadingtoun 
Dumbar Couper and Quenisferie to convein heir on Tuysday nixt ... to 
determine and conclude quither the said gift be prejudiciall to the borrowes 
and if neid be to tak a legall course against the passing tliau-of. 

20th December 1647. 

[The Council and three mmisters being convened, M^" James Carmure, master 
of the school at Mofifat, resigned his post.] 

22nd December 1647. 

[The Council, with advice of the ministers, elect M"" John Patersone, school- 
master at Carnwath, to be master of the school at Moffat.] 

Taking to their consideratioun the guid service and great paines takin [J,|!<Jj^^,'<' 
and done be M^ Alexander Gutlnrie on of thair clerkis compylLng and 

' See Extracts, 1626-41, pp. 233, 234, for the reasons for the Council's interest in that school. 



140 



EXTRACTS FROM THE RECORDS 



[Election of 
rector and 
his council.] 



making a perfyte alphabetical! index of the haUl actis of counsell takin out 
of the haill registeris thau'of have in consideratiouia thairof found fitt as 
a takin for his said paines and service to give ordoiu' Lykas they heirby 
ordaine the thesaui'er ... to content and pay to him the so^vme of ane 
thowsand merkis. . . . ^ 

24th December 1647. 

[Thomas Crawfurd, servant to the Earl of Leven, and John Gibsone, servant 
to Sir Alexander Gibsone of Durie, Lord Clerk Register, are made burgesses 
gratis.] 

27th December 1647. 

Convenerunt in Academia Jacobi Regis. 

[Certain of the Council, muiisters, the Rector, Principal and regents being 
assembled] electis to [be] upone the leytis of the Rector of the Colledge 
for the year to come M'' Andro Ramsay M'' WiUiame Cohn ministeris 
M'' George Kincaid doctor of physick and M^ James Robertsone advocat. 
Electis and nominats out of the foirsaid lytts M'' Andro Ramsay to con tin we 
rector for the year ensueing. . . . Electis and nominatis to be assessours to 
the rector . . . James Coclu-ane Edward Edgair Ai-chibald Sydserf Johne 
Jossie George Suittie James Rucheid Robert Meilvlejohne M"" Robert Dowglas 
Mr WiUiame Cohn and M^ James Hamiltoim with the Primar M' Johne 
Adamsone and M"" Johne Sharpe professour of divinitie. Appoyntis the 
tymes of meitting of the rector and his counsell to be [the] first Moonday 
of themoneth at twa hours in the eftirnoone. . . . [A committee is appointed 
to inspect the roof of the hbrary] and appoyntis them also to visite the 
hows caUit Fentouns hows quhair the Primars chalmer is and to report. 



[Compulsion 
for payment 
of extents.] 



29th December 1647. 

[A committee is to consider how the roof of the church at the Tron shall 
be covered.] 

3lst December 1647. 

The CoimseU having caused wairne the auld magistrats of this brugh 
for taking thair opinione quliat course the Counsell sould take for procureing 
pa3Tnent from such persones as ar slow and unwiUing to pay their 
proportiones of the monethhe maintenance quhither be way of horning 
wairding or that troupes or foot souldiers be impute on them till the said 
extentis be payed compeird Sir Jolin Smyth lait provest [and ten others] 
quho being particularlie demandet anent thair opinione in the busines 
foirsaid and they all efter sufficient debate gave unanimouslie thair opiniones 
that they thought the busines of so great concermnent that it ought not 
* Possibly tlie compendivun of acts of council now in the National Library. 



OF THE BURGH OF EDINBURGH 141 

to be neglected and that all persones of quhat quaUtie soever sould make 
tlianld"ull pajrment of thaii- saids proportiones and incais of thair disobedience 
that the most proper corurse . . . were to imprisone the persones of thes 
who are refracturie or disobedient of what qualitie soever they be till the 
saids extents be by them payed. 

5th January 1648. 
Ordaines WiUiame Reid to ackes himself to the Committee of the excyse [ExcUe^of aie, 
and to make offer for the excyse of aill beer and all uther merchandice merchandice] 
within schyre and biu'gh hberties and pendicles thairof viveres wyne and 
tobaccoe excepted any sowme att liis discreatione being within the sowme 
of fy ve thowsand merkis monethlie for the thrie monethis preceiding March 
nixtocum and that for the behoofe of the guid Towne. . . . 

7th January 1648. 

Taking to their consideratioun the manifold abuses and prejucUces fp®jJn"''b'ridais i 
arrysing from making of penney brydeUs quhairby the Hedges are put to 
extroadinarie expenses and tlie haill mercatts of the viveres of this bm-gh 
raised to exesive high pryces Thairfoir and for remeid of the said abuses 
in tymes coming they have ordained and ordaines that from hencefoorth 
thair be no penny brydells keiped or maid except upon the provisiouns and 
conditiounes following viz. 1) that ilk persone be obleidged before the giving 
up of thair names sail consigne in the thesaurer of the ku-k his handis the 
sowme of tuentie pounds quhilk is for ilk couple the sowme of fourtie pounds 
and to remaine in liis handis till efter the solemnizing of the marriage it 
be foiind that they have not contravened the conditiones set downe in the 
quhilk caice they are to loose the said consigned money. Item that thair 
be no more taken for the denner or super of ilk man or woman then threttine 
scliiUings fom- penneis ilk persone. Item the nvnnber of persones who ar 
to accompanie the maried persones at thair said pemiy brydell sail not 
exceid the number of twelf persones. Item that thair be no pyperis fiddleris 
or any uther mercenarie musicianes admitted to be employed or admitted 
to be at the saids brydells And for the better observmg of the said articles 
the Counsell ordaines that ilk persone ventener or keiper of chainge houses 
sail be lyable to pay the sowme of fourtie pounds incais it sail happin that 
they contravein in making and provyding the saids brydells upon any 
higlier pryces numbers of people or uther conditiones then is formarlie 
exjiressed. . . . ^ 

1 See p. 66 supra, act of March 1645. The former restrictions were because of the troubles 
of the time. 



142 



EXTRACTS FROM THE RECORDS 



[Alterations to 

Heriofs 

Hospital.] 



[Clmrch at 
Kiriiurde.] 



26th January 1648. 

Taking to their consideratioune the report of Johne Mylne master 
maissoun and Johne Scott master vvxight anent the repairing of Herriotts 
hospital and finding that they both were of the oponione that for the weilfaLre 
of that place that the southwest towre sould be takin downe and maid 
iiniforine with the torretts on the nortli syde and that Jolme Scott profest 
that it was never his oponione that the said southwest torret sould be built 
in the way that now it standis the Counsell conciu-res with them in thair 
oponione and thinks fitt that the Counsells oponione for taking downe 
the said turrett and making the same uniforme with the north syd be 
reported and represented to the Counsell of the said hospitall. 

Forsamekle as M'' Alexander Dicksone minister at Kirkaird and James 
Geddes ane of the gentlmen of tlie said paroche in name of tlie haill 
parochiners efter many conferences and treaties anent the repairing of the 
said kirk have now desyred a small answer of the Counsell quhat money 
they wiU please to contribut towardis the repaii'ing of the said kirk the 
Counsell . . . have agried with the saids commissioneris on the termes 
following viz. The saids commissioneris have undertaken upon thair chairges 
to theik the queir of the said kirk with sufficient sklaitt and to niak out 
a faire lairge window on the eist end of the said queire and to theik with 
sklaitt repaire and doe everie uther thing requisite for the haill kirk provyding 
the Comisell wUl cause delyver to them for that eifect the sowme of tlurie 
hundreth pounds Thatrfoir the counsell hath granted for that effect the 
said sowme . . . upon tlie conditiones foirsaids . . . reserving alwayis the 
timber of the said queire for helping the reparatioune of the ministers hous. 
[The CoUege treasurer is ordered to give the said 300", taking bond that, if the 
reparations are not fini.shed before Lammas, the money shall be returned.] 



[Murray burgess 
& gild.] 



4:th February 1648. 

Ordaines the dean of gild and his counsell to admitt M"" W™ Murray one 
of his Majesties bedchalmer to be burges and gUdbrother . . . witliout 
taking any pryce from him and ordaines the thesaurer to pay the expensses 
of the collatione to be bestowed on him. . . . ^ 

Taking to their consideratioun the great inconvenience that will aryse be 

making any more seatts in the bodie of the ku'k at the Trone then these 

1 An entry of 16th February describes him as "of Huntingtone " and gives the cost of the 
collation as 98U 5s IQd. Son of the minister of Dysart, he was to become the Earl of Dysart 
and father-in-law of the Earl of Lauderdale. He was known as one of the most degraded 
characters of the age, was suspect in 1641 of tampering with the King's letters and possibly 
of the staging of that obscure episode the " Incident," to give the Duke of Hamilton the chance 
of discrediting Montrose and his other opponents. He was in the Town over the affair of the 
" Engagement." 



OF THE BURGH OF EDINBURGH 143 

that are alreadie built laitlie for the use of my lord Innerpeffer ^ and M'' James 
Durhame quhilk seatts . . . doeth not a htle straiten the body of the kirk 
Thairfoir . . . ordaines that from hencefm-th thair be no more seatts 
built in the said bodie of the kirk upon any precept quhatsumever. . . . 

[The stipend of the minister of Dumbarny is augmented.] 

Ml February 1648. 

[John Lithgow, servant of WiUiam Murray, of the King's bedchamber, is 
made gildbrother gratis.] 

ll//i February 1648. 

[Because the Town is owing to Sir Wilham Dick of Braid the sum of 2,500 
merks with annuahents as theh part of 200,000 merks due by the Estates to the 
said Sir Wilham, therefore they allow it in exchange for the rent due by Sir Wilham 
for the Society.] 

\Wi February 1648. 

[Archibald Sydserf and David Douglas are elected commissioners to the 
parliament to meet in March. John Jossie and James Fentoun are elected 
conjunct commissioners to be substitutes for either or both of them on any 
lawful occasion.] ^ 

'2Zrd February 1648. 

[A committee of seven with the Provost and as many of the present baihes 
as may, is appointed to assist the commissioners to Parhament.] 

25//t February 1648. 

[The Council and extraordinary deacons] takmg to their consideratioune Roparatioun of 
the dangerous and ruinous estait of the stane wark of the crowne of tlie hIp Ere™™ ° 
greit steiple . . . have thairfou- thought fitt that the same be repaired " '^"" ' 
with all dihgence and to that effect gives warrand and ordour to George 
Suittie dean of gild with all convenient sj^eed to goe about the said worke 
and to call unto him Joluie Mylne maister massoun and Johne Scott wright 
and to condischend with them of the fittest and most convenient way 

1 Andrew Fletcher, eldest son of Robert Fletcher of Innerpeffer in the coimty of Forfar. 
Admitted ordinary judge 18th December 1623. Appointed member of parliamentary com- 
mission for examining the laws and local practices with a view to codification. Under new 
commission of loth November 1641 was reappointed. Commissioner of Exchequer 1645, 
Committee of Estates 1 647 and 1 648. Was of the side of Charles I. Died at his house in East 
Lothian, 1650. By act of Parliament 1649 (pp. 81-2) was deprived of all offices and declared 
incapable of " the meanest public trust." 

^ It met on 2nd March 1648 (A.P.S. vi. (2), p. 3). Sydsei-ff and Douglas were present. 
The parliament was concerned largely with the " Engagement." For the King had come to 
terms with the Earls of Lanark, Loudoun and Lauderdale at Carisbrooke Castle in December 
1647 (Petrie, Letters of Charles I., pp. 232-8) and the Duke of Hamilton was about to prepare 
his descent into England for the release of the King. 



144 



EXTRACTS FROM THE RECORDS 



[Borrowing to 
pay annuals.) 



for doeing thairof . . . and heirby gives warrand that for the better doeing 
heirof thair be ane sufficient scaffold maid on the lieid of the kirk in sick 
faschione as the ruif of the kirk be no way burthened thair\\dtli bot lye on 
the walls allanerie and that the stones may be hewed on the said scaffold. ^ 

[The bailies' accounts of the stent for the year 1642-3 show a charge of 
20,784" 10^ and a discharge of 19,101" 7". The accounts of the fines for the 
same period show a charge of 387" 18^ 8'' and a discharge of 1,658" 12^ 4''.] 

Finding ane great number of the annuelrentis dew be the guid Towne 
to their severall creditores not satisfied in the yearis of John Jossie and 
Patrik Thomsone their offices of thesaurie and . . . lykwayis finding that 
thair is na uther way for supplieing the present necessitie till sik tyme as 
the extentis for maintenance be all ressaved except borrowmg of money . . . 
Thairfoir . . . they thinlv fitt and ordaine that Thomas Leishman their 
thesaurer sail borrow uiwn annuehent the sowme of twentie thowsand 
merkis and ordaines him to delyver thairof to the said Patrik Thomsone 
lait thesaurer the sowme of fyftein thowsand merks for payment of the 
annuelrentis alsweill dew the yeir of Johne Jossie his office in so farr as 
concernes the annuell of fyftie eight thowsand merkis borrowed for the 
siedge of the Castle as the yen- of his awin propper office. . . . 

[The Council havmg granted to John Ronnakl, former collector of the merk 
per pack and per tun, the revenue of that imjjost tiU he should be repaid the 
sum of 9,000", he assigned it in payment of his debts to other persons, from 
whom various assignations have transferred it to George Suittie. The present 
collectors of the impost are instructed to make payment to him of the said 
9,000" and annualrents thereof.] 



[Agreement, 
repair of 
bulwarli of 
Leitli.) 



8th March 1648. 

[The Council consent to the agreement with John Scott master wright] 
anent the repahatioun of the northwest bulwarke of Leith that the said 
Johne repair and make guid betwix the wark last repairit be the watter 
baiUie Johne Pearsone in the year of God i"! vi^ fourtie four yeares and the 
uttermost poynt of the held thairof nixt adjacent to the sea being of lenth 
about thriescou- and seven or eight couples or thairby and that the saids 
couples the hoUs of them be sufficientUe festned in aiken timber and balkit 
als low upon the couple as possoble can be and espeaciallie narrest the 
head of the said bulwarke with ane second or mid balk weill fastned upon 
each syd of the outmost standart and ane howtrie upon each couple with 
angleris upon each low balke festnit weill to the standart and everie fyft 
low balke to have ane strong arose angler to goe betuix the two outmost 
upstanderis and above upon the heids of the upstanderis on both sydis to 
* Sometimes wrongly taken as the time of the building of the crown of St Giles. 



OF THE BURGH OF EDINBURGH 145 

have ane strong barkit going alongis the upper syd thairof and that the 
saids lofting above the howtries be cled with sex daills upone the middle 
thairof and ane inshe of wyndnes betuix ilk daill and lykwayis that the 
said upstanderis be weill barkettit upon both sydis with strong aiken 
barkitts with thrie strong stowps weill bund below both the lower and 
mid balkes and that the liaill staines now presenthe within the Bulwarke 
remain within the same and if throw necessitie they be removit that they 
be convenientUe placit within the same for the strenth of the said warke 
and that for jjaynient and satisfactioun to be maid ... to the said Johne 
Scott ... of the sowme of tlirie thowsand merkis . . . out of the first 
and reddiest of the shoir dewties of Leith this present year of God i^^ vi'' 
fourtie eight yearis and that besyd the furnishing of all tymber and yron 
warke necessar. . . . 

[The contract between the Senators of the College of Justice, advocates and 
Town Council as to the augmentation of the salary of the regent of humanity is 
to be inserted in the charter book.] ^ 

lOth March 1648. 

Taking to their consideratioun the ill accommodatioun of the primar [Curriehurs 
of the CoUedge M"" Johne Adamsone thi-ough the ruinous of his hous in the pSudpaL] 
Colledge out of which he hath beine debarred these thi-ie monethis bypast 
in regard of the danger of faUing so as he durst not repair thither be the 
advyse of the best craftsmen massonis and WTights Thairfoir have thought 
fitt to lend unto him the use of that pairt of the hous in the hie scoole yaird 
sometyme called Curriehills hous - quhicli presentlie is possest be M'' Robert 
Dalgleish agent to the kirk till sick tyme as the said ruinous hous ... be 
repaired. . . . 

15th March 1648. 

[Commissioners are to go to the presbytery of Edinburgh and present M'' John 
Smyth, new minister in the Town.] 

Ordaines the thesaurer of the kirk sessiounes of Edinburgh with all [Correction 
convenient speid and dihgence to rei^aire the Correctione hous and to 
supphe it in quhat the counsell thairof sail find the same to be defective. 

[The ministers and ku-k session of South Leith bmd themselves to use 144" 8^ 
from the impost on wine in Leith for the repair of the church and tolbooth of 
Leith.] 

' There is no note of this contract. Consideration of an increase was promised in November 
1647 (p. 134 supra). 
^ See p. 23 supra. 

K 



Oswald.] 



146 EXTRACTS FROM THE RECORDS 

nth March 1648. 

[M' WiUiam Strauclian at Aberdeen is to be nominated as minister of the 
southeast parish with M^ William Colvin.] ^ 

IMr John [A committee is named] to pas to M"" Johne Oswell and to deall with him 

that he transport not himself from hence till thair appellatione be desyded 
befoir the generaU assembhe utherwayis the Counsel! wiU be forced to 
take some uther com^se for his stay.- 

[M"' John Smyth, minister at the [north] east church is to be made burgess and 
gild brother]. 

22nd March 1648. 

[Mr WiUiam Appoyntes [a committee] to pas to the south west sessione of this burgh 

^'"'■^ and to nominat unto them M'' WilHame Rait minister at Breichen to be 

minister of that paroche with M"" Mungo Law and to report. 

24th March 1648. 

[Scarcity of Forsameklo as the Provest baillies and CounseU have found be divers 

water.] complaintes that thair is a great scarcitie of watter in the most pairt of 

the wells in this burgh to the great prejudice of the haill inhabitantes 
Quhilk scarcitie probabhe is occasioned in pairt be some beii- breweris qulio 
of laite have sunk their wells deiper then the commoun publict wells of 
this burgh Thairfoir and for remeid henof they have ordained and ordaines 
the thesaurer ... to take the first tryall on the well called the New well 
and to enter quariovirs to work and sink the said new well deper at his 
discreatione be the advyse of understanding men . . . And ordaines that 
for the futiu-e no inhabitant sail take upon hand to sink any wells without 
speciall licence from the counsell quhairby it may be considered whither 
the sinking of sick wells may prejudge the commoun publict wells. . . . 

29th March 1648. 

[The kirk session of the south east parish assent to the proposal to call 
M'' WUham Strauchan, minister at Old Aberdeen.] 

5th April 1648. 

[The accounts of Thomas Calderwood, kirk treasurer, show a charge of 
36,591" 6« 2<i and a discharge of 23,584" 13^ 10^. 

D' George Rae is to be paid 600" as his ordinary dues from October to April 
instant.] 

' His name was proposed in 1643 (p. 36 supra). He was presented to the presbytery 
13th July 1647 (p. 128 supra). 

2 Mr John Oswald was translated to Prestonpans in this year (Cameron Lees, p. 299), 
hence the General Assembly must have refused the Town's desire. 



OF THE BURGH OF EDINBURGH 147 

12th April 1648. 
Ordaines the dean of gild to accept and resave Cornelius Mangeles [New freemen.] 
Captaine of the Hollands convoy shipp quhiLk hes corned alongst with 
Thomas Cunnyngham conservatoiu- of the priviledges of the Scottis natioun 
calht the Targoes of Zieresches belonging to the Estaites of Holland to 
be biu-ges and gildbrother . . . and David Pearsone servitour to the said 
Conservitoiu" to be burges. . . . ^ 

Uth April 1648. 
Ordaines the dean of gild to imploy the money coUectit in that court [Purchase or 
for burges and gildbretheris armes for buying of muskets bandilers swords 
and uther ammunitione neidfull for the use of the guid Toune and to send 
over to Holland for that effect. . . . 

21st April 1648. 

[Samuel Wallace, for acting as Conservator Depute and for other services 
done by himself and liis father to the Burghs is made burgess and gildbrotlier 
for his lifetime.] ^ 

Zrd May 1648. 

[David Duncane is elected deacon of the fleshers m place of the late James 
Gairdner. 

The accounts of David Wilkie, collector of the merk per tun from March 
to November 1647 show a charge of 2,7.56" 10^ and a discharge of 164" 7' 9''. 
The balance, being 2,592" 2=> 3" is to be paid to George Suittie in part payment 
of the 9,000" due to him mstead of John Ronnald. 

The accoimts of William Cunynghame collector of the merk per pack of 
goods from England, March 1647 to April 1648 show a charge of 589" 13^ 4" 
of which 29" 9^ is to be rebated for the collection thereof. The balance, when 
finally collected, is to be paid to George Suittie.] 

8th May 1648. 

[The Council and extraordinary deacons being convened] Forsamekle as Treattie for 
the Commissioneris of Parliament had concludit for a levie to be maid tioiiii"ur tL 
throw the haill shyres and brughs within the Kingdome according to the lioyuii 
numberis of men imposed in the year of C4od i™ vi'^ foiu"tie thrie yeires at iws ''' 
the quhiLk tynie the proportione of men imposed ujjon this brugh and 

' See Journal of Thomas Cunningham, pp. 242-3, exp[aining liow tlie convoy ship had been 
allowed to wait in Scotland for Cunningham's return, and the service done by her to Scots 
merchants. 

^ Samuel Wallace signs a letter as Conservator-depute in 1626 {Extracts, 1626-41, Appendix 
ii. p. 270). It is probable that this was the father of the man noted abo%'e (Journal of Thomas 
Cunningham, p. xxi). 



148 EXTRACTS FROM THE RECORDS 

pendicles tliairof were twelf hundreth men that thairfoir and inrespect 
of the waightines of the bussines the Counsell would take to thair con- 
sideratioun quhat they thought most fitting for them as thaii- commissioneris 
to doe thairin and how to carrie thamselves in that particullar the Counsell 
eftir long debaitt and mature deUberatioun finding ane impossibiUtie in 
them to put out that number of men at this tyme by and attour the extra- 
ordinarie expenssis and excessive chairge the nighbours would be put to 
have thairfoir in this exigencie of effaires concludit to aj^poynt the Lord 
Pro vest and baiUies [ ] to joyne with our commissioners and to meitt 
with such as the Parhament or Committe of twentie four sail appoynt 
and to treatt with them thairanent with power to them (if it can be effectuat) 
to conclude and agrie with the said sub Committee or Comitte of twentie 
four upone a pecuniaU sowme at the lowest rait for the fewest number 
they can in plaice of putting out of the said men and the brugh to be frie 
from putting out the persones of men upon the payment of thair proportionall 
levie money sua to be agried upon . . . ^ 

I2th May 1648. 

[Act prohibiting unfree traders in the burgh, skippers and sailors trading in 
Leith and burgesses of other burghs and towns from trading in the burgh.] 

[Composition The lord Provest having maid report that conforme to the act of counsell 

for levy.) daittit the eight day of this instant his lordship and some of the baiUies 

with Archibald Sydserf commissioner of Parhament and the sub committe 
of the Parhament had mett and had maid agriement in name of the Counsell 
to content and pay to any haveing power from the Parhament the sowme 
of fourtie thowsand punds Scottis money betuixt the daitt heirof and 
the [ ] day of this instant For the quhilk caus ane act of Parhament 
sail be grauntit to the guid Towne quhairby the Toun Leith and Cannogait 
sail be totaUie frecl from putting out any men to this present levie The 
quhilk report being maid the haill counsell in ane voice did approve thairof 
and for that effect ordaines the four baiUies George Suittie dean of gild 

1 The secret engagement, from which this sprang, had been made between King Charles 
and the Earls of Lanark, Lauderdale and Loudon, Lord Chancellor, at Carisbrooke Castle 
on 27th December. The Estates, meeting in March, had a large majority which sanctioned 
the raising of an army to rescue the King. It is to be observed, at this point, that the Coimcil 
did not oppose the decision of Parliament to support the Engagement. On 20th April 
Parliament by a declaration narrated the breaches by England of the Solemn League and 
Covenant which were to justify their new policy. On the same day they agreed that there 
was nothing in the declaration crossing the demands concerning religion. On 4th May they 
passed the act, alluded to above, for the calling up of horse and foot. On 10th May an act 
was passed exempting Edinbvu-gh from the levy on payment of 40,000U Scots (A.P.S. vi. (2), 
pp. 40, 52, 66). See Appendix iii. (1) for a contemporary account of the state of affairs in 
Edinburgh. 



OF THE BURGH OF EDINBURGH 149 

James Ruclieid Joline Jossie Robert Meiklejolme Johne Pollock and Johiie 
Mybie to meitt and considder of the best wayis for raiseing the said soume 
of the nighbours who would be subject to the said service And becaus 
the said money cannot be soone collected from the nighbours as the i^resent 
exigencie of affaires requyi'is thahfoir ordaines the thesaiurer to borrow the 
said sowme upoun annuekent with the principall sowme to be put on the 
saids nighbours. . . . 

Post meridiem. 
Compeird M"" Robert Dowglas Moderatom* of the sex kirk sessiones of Dcsyre 

I'll -1 iipi •■ 11- 111 r \ niinistcris auent 

this brugh with several! ot the mimsteris elderis and deakens of the said theingadg- 
sessiounes and for thameselves and in name and behalf of the said six 
sessiounes presented a petitioun whauin thair desyre wes that the provest 
baillies and counsell would petitioun the honorable estaites of Parhament 
that the kirk and aU weill affected persones may be satisfied in thair 
consciences before any Ingadgment be maid and that the Towne be not 
pressed and m-ged in the interim to be assistant thairunto Quhich petitioun 
being read and considerat the counsell fand the bussines of so great 
importance that they would not adventure to make any answer thairunto 
till the ordinarie counsell day and that the counsell with the liaill extra- 
ordinarie deakens be conveind for that effect.^ 

\lth May 1648. 

[The Council and extraordinary deacons] considering tlie great prejudice [Runaway 
the nighbours have in former tymes sustened be the abuses done be thair 
ajiprentizes and servants in running away from thair masteres service and 
conducing with captaines and utlier officeris without thair masteris leave 
or consent contrau-y to all ordour and decencie Thau'foir . . . they ordaine 
proclamatioun to pas througli tliis Towne Uberties and pendicles thairof 
that no servant from hencefm'th presume or take upon hand to depau't 
from his masteris service or conduce with any officers of this present levie 
without the speciall advyse and consent of thair masteris under paine of 
loosing thair Uberties and utlier jaunishment to be imposed on thair 
persones. . . . 

' The majority of the Edinburgh ministers shared, if indeed they did not lead, the opinion 
of the General Assembly and most of the ministers of Scotland. These, while disliking the 
English sectaries, liked the King less. Their opposition helped to nullify any chance of success 
in the Engagement. The Town Council seem to have disregarded the ministers' desire, as, 
in view of the attitude of the Parliament, they were practically boimd to do. It is worthy 
of note that the Council Records never allude to the Declaration emitted by the Commission 
of Assembly and ordered to be read in the churches in March of that year (Proceedings of the 
Commission, etc., vol. i. p. 390). See Appendix iii. (2) for petition to the Committee of Estates 
by the presbytery of Edinburgh. 

k2 



150 EXTRACTS FROM THE RECORDS 

[Statute regulating the prices of butter and cheese : best fresh butter to be 
sold at 5^ the pound ; best salt butter at 4« 4<i the pound ; new cheese, till 
Lammas to be sold at 32^ the stone, the best keeping cheese, after Lammas to 
be sold at 40^ the stone.] 

19th May 1648. 

[Approval of The Pfovest baillies and Coiinsell liaveing seriouslie considered of the 

at ParHamen't.] carledgc and behaviour of Archibald Sydserf and David Dowglas com- 
missioneris for the gnid Towne to the j)resent Parliament they doe approve 
of tliair cariedge and behaviour in the last sessioun of this Parliament and 
declair they find them to have beine faitlifull in the trust committeed 
to them and ordaines thair commissione granted to them and utheris to 
continew during the haill continuance of this Parliament in the haill sessiouns 
thairof at least till sick tyme as the Counsel! sail think fitt to recall or 
chainge the same. 

[For payment of the 40,000" promised in the act of 12"' instant the treasurer 
has borrowed 20,000 merks from Sir James M'^Gill of Cranstoun Riddell for 
himself, and from the said Sir James, on behalf of the Lords of Session 10,500 
merks. Bonds are to be given for the two sums.] ^ 

2Uh May 1648. 

[The discharge by Sir John Wemyss, Commissary General for the sum of 
40,000" is produced and delivered to the treasurer's keeping.] 

2m May 1648. 

[Bond to Martm Leitchc, one of his Majesty's Wardrobe, for 12,000 merks 
borrowed towards the 40,000" for the Estates.] ^ 

1st June 1648. 

\o plaids to be Considering the manifold prejudices arysing be the unseemlie weareing 
the Toune."" of plaids notwithstanding of the severall actis of counsell and proclamationes 
following thairupone maid againes the same Thairfoii" and for severall 
utlier guid reasones moveing them they have statute and ordained . . . 
that nae persone qnliatsumever eftir publicatioun heirof sail take upon 
hand to weir any plaids about their lieides in kirk commoun streits or open 
mercattes under paine of confiscatioun thairof and farder punishment at 
the will of the magistrat And ordaines the ordinar officeris of tliis bm-gli 

' Marginal Note to the entry : 3 Dec : 1662, This act delett in respect of new surete 
given thairof 14 Februar 1662. The subsequent disavowal of the Engagement by the country 
in general and the decision of the Commission of Assembly that the repayment of the borrowed 
money was wrong did not restrain the Lords of Session from pursuing for the debt. See 
pp. 298-302 infra. 

^ Martin Leitche subsequently obtained a declaration before Charles II and liis Privy 
Council that the debt was lawful and repayment due. 



OF THE BURGH OF EDINBURGH 151 

and the under guaird to take and apprehend the saids plaids and confiscat 
them to thair awin use and if they connive and be neghgent that the said 
officeris be put in prisone and depryved of thair office. . . . ^ 

2nd June 1648. 
Forsameikle as Willianie Thomsone our Clerk hath for the use of the (Superiority of 

. \\ est Port and 

guid Towne maide ane agrienient in ane unknowne name with tlie land Potterow.i 
of Innerleith for the supperioritie of the West Port and Potterraw be word 
and hath advanced to Sn Johne Weenies of Bogie the sowme of twentie 
thowsand merkis upon his band to jirocm-e within the spaice of f3rftein 
dayes a sufficient securitie of the said superioritie or uther wayis to content 
and pay againe the said sowme of twentie thowsand merkis with the annuell 
thairof at Mertimes nixtocum And becaus it is reasonable that tiie said 
WiUiame sould be furneist with the said sowme of twentie thowsand merkis 
quhairof he hes aheadie borrowed for the Townes use the sowme of twelf 
thowsand merkis from M'' David Sibbald Thairfoir ordaines the Provest 
baillies dean of gild thesaurer and the said clerk to subscryve ane sufficient 
band bearing annuehent for the said sowme to M"" David Sibbald and 
further gives warrand to the said WiUiame to borrow the remainder of the 
said sowme being aught thowsand merkis for compleiting the said sowme of 
twentie thowsand merlds advanced be the said WiUiame Thomsone for the 
quhilk band sail be given also be the saids Provest baillies dean of gild and 
thesaurer Lykas the said WiUiame heirby declaires that of his awin accord 
least the [ ] might be prejudged in paying neidles annuelrent for the 
said sowme incais the bargane sould desert he offeris and promiseth that 
incais the said bargane sail happin to desert in that cais he sail frie the 
guid Towne of this foirsaid band granted to the said M"" David Sibbald and 
of the remainder foirsaid of aught thowsand merkis quhilk is to be borrowed 
and that he sail tak in his awin hand the securitie granted to him or his 
freind for the haill twentie thowsand merkis be him advanced. 

[The Council grant a discharge to the executors of M'' Robert Johnstoun of 
S' Ann, Blackfriars, London, of his legacy of £1,000 sterling for clothing the 
children of Heriot's Hospital.] ^ 

9th June 1648 

[The Council and extraordinary deacons order the treasurer to borrow 5,175" 
to repay Sir Adam Hepburne of Humbie. 

Parliament having ordered the payment of twelve months' maintenance, 
amounting to 53,475" and of ten months' local quartermg, amounting to 6,000", 
being a total sum of 59,475", the Council have allowed for expenses of collection 

• See p. 66 supra. ' End of volume 16 of the Council Register. 



152 EXTRACTS FROM THE RECORDS 

and defects in payment 5,525", making in all 65,000". This is divided 
as follows : Edinburgh, 46,913" ; South Leith, 9,043" ; Canongate, Pleasance 
and North Leith, 9,043". The extenters are to take steps for the speedy collec- 
tion. To that effect persons are appointed to ascertain the true rental of aU 
lands within burgh.] ^ 

[Insult to Duke Forsamckle as Alexander Denholme baxter being inearcerat in the 

of Hamilton.] r < i i i • i • 

Tolbuith of this brugh secundo instantis for his rashe behaviour and mis- 
cariage in uttering and speaking of some rashe words to Duke Hamiltoun ^ 
his grace upoun the hie streit of tliis brugh in the night tyine eftir eleven 
of cloak haveing a sword and a pair of pistolls about him without warrand 
or ordour of the magistrattis and bemg conveynit befoir the counsel] he 
acknowledged his fault and resenting the wrong causd present ane humble 
supphcatioun to the counsel! subscrivit with his hand . . . Quhairwith the 
Counsell being advysit and finding his misdemeanour so great and his 
fault so odious that they could not pas it over wdthout reall censure in 
testimonie of thair dislyk of any seditious uproare and for example to 
terrifie utheris from committing the lyke they be thir presentis ordaine 
that he reenter his persone in prisone within the said Tolbuith of tliis burgh 
thairin to remaine dureing the Counsells pleasure and eftir his releasment 
if it sail happin that he committ the lyke fault in any tyme heirefter in 
that caice that he los all libertie within this brugh quhahunto the said 
Alexander actis and obleissis himself of his awm consent And farder the 
Counsell dischairges him fra this day furth of his office of liutenant as 
unfitt to bear any such chahge \vitliin this brugh. ... * 

lUh June 1648. 

(Great Hau in Taking to consideratioun the defectis and faultines of the roofe of the 

great hall in the CoUedge quhairby the buikes in the bibhotheck are much 
indangered and the haill hous much indamnaged quhilk they find to be 
occasioned be the beatting of the weatther on the lairge flait roflf thairof 
Thairfou- they have thought fitt that the said hall be tliicked or covered 
with lead. ... * 

[The convention of burghs is to meet at Burntisland on 29th August.] 

' See A.P.S. vi. (2) pp. 59-62, continuing the monthly maintenance on the grounds of the 
dangers threatening " Religion Covenant the Kingis Matie and the peace of thir kingdomes 
and that they are therby necessitate to keepe up the forces within this Kingdome and to 
provyde for thair interteanement." 

- On 11th May the Parhament had appointed the Duke to be General and Commander 
in Chief of the forces being raised {Ibid., p. 72). 

^ A case such as this should ordinarily have been tried in the Burgh Court. 

* See Extracts, 1604-26, pp. 135, 138, for the building of the hall. 



College 



OF THE BURGH OF EDINBURGH 153 

IQth June 1648. 

[The Council and extraordinary deacons, as titulars of the teinds of Soutra 
assign to M^ John Logane, minister at Soutra and Fala, the parsonage and vicarage 
teinds as perpetual stipend, reserving to the Town 20" from the teinds of Over 
Brotherstanes. 

Lists of the arrears of the extent of 1644 for two quarters are presented, 
showing the sums still due by members of the College of Justice.] 

21st June 1648. 

Ordaines the thesaurer to content and pay to [ ] coramonlie called [The^'^Dutch 
the Duch prophet tlie number of fytteine cross dollours cjuhilks the Provest 
and baillies allowes as ane gratuitie to the poore man. . . . 

Forsamekle as Alexander Brand haveing uttered certane calumnious [Calumnies 

^ 1 1 • r against Provost 

and falls speiches againes the lord Provest and baillies and bemg ottentymes and Baiiiesi 

examined upoun the saids speeches and severall witnessis deponeing in 

open counsel} the wordis allegit spoken be him Nevertheles quhairof the said 

Alexander hath not onlie obstinatlie denyed the wordis formerlie confest 

be hini befoir the Pi'ovest and baillies but also did misbehave himself to 

the counsell and some of the witnessis who deponed againes him And now 

againe the said Alexander being brought befoii- the counsell and contenuing 

in his former obstinacie and misbehaviour Thairfoir the counsell ordaines 

liim to pas and returne to waird and ordaines the dean of gild to keip his 

burges and gild tickitis presentlie produced and to clos up his booth doore 

till the counsells fiu'ther advyse and pleasure. 

2Srd June 1648. 
[The Council and extraordinary deacons being convened] Forsamekle as [New professor 

n ' • /-i n 1 n 1 T^- T of divinity.] 

the plaice of being professour of divmitie in our Colledge called King James 
his Colledge is now vacant through the deceis of umquhile M"" Johne Scharpe 
laite professour tliairof and that the Provest baillies and counsell ... 
liaveing the experience of the literature guid lyfe and uther giiid quahfica- 
tiouns and abilities of doctor Alexr Colvill presentlie ane of the professom's 
in the universitie of S* Androis thairfoir electis and nominatis the said 
doctor Alex^ Colvill to be admitted in the said plaice. . . . 

[The stipend of the regent of humanity is increased to 240" a year.] ^ 
Forsamekle as the General Commissar be his precept the threttin of May outreik . . . 
last hes appoynted Archibald Sydserf to defray the expensis of the outreik 
of the shipps men of warre and sicklyk hes appoyntit him to uplift the 
soume of ten thowsand thre hundreth fyftie pounds fra the guid Towne for 

' See p. 145 supra. 



154 EXTRACTS FROM THE RECORDS 

that use and in pakt of payment of their bygane monethlie maintenance 
Thairfoir ordaines the Provest and baiUies to borrow the said soume. . . . ^ 

mth June 1648. 

[Insults to Forsamekle as the Counsell being informed upon Weddensday the last 

of May lastbipast of certane calumnious speeches uttered be Alex'' Brand 
merchand againes the Provest [and] BaiUies of tliis brugli - they upoun 
Thiu'sday tlie fii'st day of Jimii instant caused convein him to be tryed 
and the Provest interogatting him in presence of Robert Sandilandes baillie 
Archibald Sydserf and Joline Jossie auld baiUies and David Dowglas 
deaken of the chhurgians whither or not upon Tuesday at night preceiding 
he had uttered any base speiches againes him and the baiUies to M'' James 
Brown saying that the baiUies could not be sein that day inrespect they had 
beine di'inking with the Provest lait yesternight and that the Provest had 
gottin a soir foott in drinking quhilk caused him keip his hous for he and 
the baiUies the night befoir had druken twa and twentie or four and twentie 
pynts of wyne and tliat Jo" Denhohue being in thau- comijanie wes soe 
drunk that he wes not able to goe home to his hows without the help of 
twa men to leid him The said Alex^ at the first denyed the saids speiches 
bot the said M"" James being there present and caUed to testifie quhat he 
knew thairin did verifie in his face that he had spokin the wordis and the 
said Alexander thairupoun acknowledged the speaking thairof and that 
in a disdainfuU maner of way calhng aUwayis the Provest Sir Provest till 
being checkit for misbehaviour he answered if he will have it so Lord Provest 
be it and being interrogat upoun quhat ground he had spoken the former 
speiches he ansuered he had hard the samyne spoken be divers people 
boott would not concUschend upoun any particuUar man and being prest 
that if he delaited not his informer he would be taldn as author thauof and 
punished accordinghe he answered that ane thowsand moe nor he would 
justifie it bot that he would condishend upoun noe mans name Quliah-- 
upoun he wes committed to waird tiU he sould condishend upon his authour 
Lykas upoun Weddensday the sevent of tliis instant James Fentoun deaken 
of the taiUyeors in name of the said Alex'' presented ane biU and sujjphcatioun 
to the counseU quhilk being read and considdered wes not found satisfactorie 
not careing thairin any authoiu- of the said speiches nevertheles he wes 
set at hbertie and ordained to appeir before thame the nixt counseU day 

1 On 29th April Parliament determined that three ships of 20 gims and three frigates of 
16 guns at the least should be equipped for four months to guard the coast. Sydserff was 
named as one of three members for the bm-ghs on the Committee of Parliament for hiring 
and equipping these ships {A.P.S. vi. (2) p. 49). 

= See 21st June, p. 153. 



OF THE BURGH OF EDINBURGH 155 

The quhilk day being the nyiit of this instant the said James Fentoun 
exhibite ane new bill in name of and subsryvit be the said Alexander 
quhairin he condiscendit upoun Johne Stewart and Alex'' Crystie as his 
authours of the said report Quhairupoun the counsell continued his Ubertie 
from prisone the nixt connsell day thaireftir ordaining the baillies in the 
interim to exaniin the saiclis Alex'' Crystie and Jo" Stewart thairanent 
quho being examined be the baillies ... in the said Alex"" his awin presence 
upon Saturday thaireftir they cleirlie denyed that they had evir spoke 
anything concerning the Pro vest baillies or Jo" Denholme thairanent. 
[The said Alex'' subsequently denied that he had ever spoken such words, or 
confessed to speaking tliem in spite of evidence upon oatli that he had done 
so] Lykas M"" James Broun and William Garvan being sent for to the 
counsell and solemnlie sworne in presence of the said Alex'' they deponed 
as folio wis viz. the said M"" James deponed upon Tuesday the tlirettie of 
May betwix nyne and ten at night Alex"" Brand haveing corned in to liis 
bootli to delyver his letter for Fraunce M"" James asked him if the six 
sessionis had met that day He answered they had mett and all was right 
The said M"" James asked if the baillies were tliair He answered they could 
not be sein they had beine drinking with the Provest yesternight so laite 
and that [they] had not comed furth as yet He had a soir fute that causd 
him to keip the hous for they had drukin twa and twentie or four and twentie 
pyntis of wyne yestirnight M"" James asked cpihair He answered ye know 
he di'inks nane out of his awin hous and that than- was ane of [the] companie 
quho would have beine thought to have borne owt much drink wes so full 
quhen he came furth they behoved to help to carie him home M'' James 
asked if it wes Ro* M<^Kean He said no bot at last laughing and humphing 
he said it wes Jo" Denliolme To which M"" James answered that wes verie 
straing And the said Wilham Garvan being examined deiJoned secundum 
premissa . . . Quhilks depositioun being taken . . . the said Alex'' did 
utter some disgracefull speaches agains the said M^ James as he went 
throw the utter roome saying that lie had sworne weill for it and that he 
would not have sworne so much for all the wyne in Edinbiu'gh quliairupoun 
the said M"" James returneing and compleaning of the said Alex"" his mis- 
cariage [he] was againe commandit to prisone [He petitioned the Council twice, 
but refused to acknowledge his guilt, and tlie petitions were refused. Finally] 
this day . . . the Provest and baillies finding the said calumnious and 
fals speiches agains the Provest and baillies to be a fault of so hie degrie 
and contempt tending much to the great ijrejudice of all authoritie and 
magistracie and taking to consideratioun the said Alex"" his wicked and 
maUcious persistance in his said contemptuous carriage have thairfoir . . . 
fund him unwortliie of any further friedome within tliis brugh and . . . 



156 



EXTRACTS FROM THE RECORDS 



ordaines liis burges and gild ticketts ... to be presentlie cancellit and 
riven in his presence and his name to be delett out of gild bookes and 
noe more to be halden as bm-ges and frieman of this brugh and his 
persone to be set at hbertie quhairby he may take some uther course for 
pro vy ding for himself and famihe. . . . 



[College 
printer.] 



mh July 1648. 

Apjjoyntis Gideon Lithgow to be printer to om* Colledge called King 
James his CoUedge. . . . 

[The accounts of the extent 1642-3 show a charge of 20,784" lO^, and a 
discharge of 19,101" 7^. The accounts of the fines for the same year show a 
charge of 387" 18" 8", and a discharge of 1,658" 12" 41. 

The accounts of Thomas Mudie, treasurer for 1642-3, show a charge of 
146,859" 7" 10" and a discharge of 151,461" 17" O*. The Town therefore owes 
him 4,602" 9" 10'>. But Thomas Mudie owes extents for the years 1642, 1644, 
1646 and 1647, amountmg to 1,636" 6" 8''. This is to be deducted from the 
above sum, leavmg a balance due to him of 2,966" 3" 2''. 

The accounts of the extent 1643-4 show a charge of 49,477" 16^ 8", and a 
discharge of 47,540" 6^ 8'^. The accounts of the fines for that year show a 
charge of .507" and a discharge of 1,585" 3" 4". 

John Oljrphant is to be admitted gildbrother as prentice to Helen Syme, 
widow of John Cameron, and David Grahame, her husband, and dispenses with 
the neglect to book his indentures.] 



[Superiority of 
Potterow and 
West port.] 



7th July 1648. 

[The Council and extraordinary deacons being convened] Forsamekle as 
WilUam Thomsone clerk haveing be ordour of the Counsell coiicludit a 
bargane with Su- Adam Hepburne of Humbie for the superioritie of the 
Potterraw and West Port for the Touns use [payment is to be made to him 
and bonds given for money borrowed for that jjuri^ose.] ^ 



Debeat 
Counsell 
Sessiouns 
electioun 
minis teris. 



10th July 1648. 

[The Council and extraordinary deacons being met] Forsamekle as upoun 
Fryday last the seventh of this mstant tliere wes twa jsaperis jiresented 
to the Counsell be severall of the ministeris elderis and deakens of this 
brugh . . . the ane bearing a desyre to the Counsell to name four ministers 
for supUeing the vacant places of the kirks witliin tliis brugh and tliat the 
Counsell might meitt with the sex sessiouns for that effect and agrie togidder 
upon the nominatioun befoir the dounsitting of the nixt ensueing Generall 
AssembUe The uther jiaper bearmg a desyre to tlie Toun Counsell to joyne 
with twa elderis of everie paroshe of this brugh for choosing and electing 

• See p. 151 supra. 



OF THE BURGH OF EDINBURGH 167 

coinmissioneris for the General Assemblie for this tyme onUe and to declair 
that the haill sessiouns in all tyme comeing may be called and have thair 
voyces in the saids electiouns according to the actis of the general Assembhe 
in the quhilk paper there is also a desyre renewed concerning the helping 
of the ports shutt upon the Lordis day according to ane appoyntment of 
the six sessionns daittit the sext of Apryll last The quhilk paper and desyres 
thairin conteined bemg thane and this day at lenth read and serioushe 
considderit be the Toun C'ounsell they have thoght good to returne this 
answer that as they have alwayis caried and intendis to carie all dew 
respect and reverence to the ministeris and sessiouns of this brugh and 
in a freindlie and brotherhe [ ] upoun occasioun to take thair advyces 
in such particuUaris as they think fitting and expedient so they cannot 
bot [be] verie tender of the right and liberties of the brugh quhich be thair 
solmne oathes they are straittlie obleidged to preferre and maintein and 
to transmitt unviolatted and unprejudged to thair successours And con- 
siddering that the right of patronage of the severall kirks built and to be 
built within this brugh doeth undowttedlie belong to them Thairfoir they 
hold themselves not obleidged to take advyce and consent of the khk 
sessiouns or any uther persones quhatsoever in the nominatioun and 
presentatioun of their ministeris no more than any uther laique patrone of 
any khk within any uther brugh or in landward ar holden in than severall 
presentatiouns to take advyce of the kirk sessiouns quhilk effect were to 
destroy the right of patronage Lykas the Toun Counsell conforme to thair 
right did present to the presbytrie on Weddinsday last twa ministeris 
viz. M'' W™ Strathauchen presentUe minister at Aberdein for the south eist 
paroshe and M"^ W^ Reath minister at Brichen for the south west paroshe 
and ar reddie upoun the first occasioun to present a minister for the north 
east paroshe And as for the foirrt place aledgit to be vacant be the trans- 
portatioun of M"" Jo" Oswald he being removed be the presbritie without 
the Counsells consent and agams than* will quhairupoun they maid 
appellatioun fra the presbritie to the Generall Assembhe they conceave the 
said place not to be vacant till sutch tyme as the said appeall be discust 
Lykas in the electioun of the commissioneris of the General Assemblie they 
conceive not themselves obUedged to take the consent or advyse of the 
kirk sessiouns in respect the sessiouns have thair owin power and place of 
sending commissioneris from the Presbritie of Edinburgh to the generall 
Assemblie and thir commissioneris are not du-ect from any particuUar 
kirk boot from a brugh Nevertheles they are content for this tyme and 
but prejudice of their hbertie in tyme comeing that the ministeris and 
elderis of ilk paroshe as they did in the last electioun have voyce with the 
counsell in the electioun of the commissioneris foirsaids Lykas they are now 



158 



EXTRACTS FROM THE RECORDS 



[Gravestones 
in Grayfriars.] 



readdie to adiuitt them and with their consent and advyce to ellect the 
saids commissioneris bot if the samyne be refuised they must proceid in 
thair electiouns without the advyse and consent foirsaid And to the thrid 
desyre anent the keiping of the ports shutt upon the Lordis day they think 
the desyre both pious and reasonable and thairfoir will give thair autoritie 
and heartie concurrance thairin and for keiping the streitts in tyme of 
sermon and eftir sermon as sail be thoght fitt be the Toun Counsell and 
the kirk sessiouns And this answer the Toun Counsell returne under 
protestatioun that they na wayis acknowledge any power or jurisdictioun 
in the meittings of the sex sessiouns as ane ecclesiasticall judicatorie nor 
that they acknowledge any desyres from them ane publict actis of ane 
lawfull judicatories.^ 

Post meridiem, in Academia Jacobi Regis. 

[M'' John Adanisone, principal, is elected commissioner to the General 
Assembly from the College.] 

nth July 1648. 

Ordaines the dean of gild to remove all the carved stones in the Grayf reir 
yaird that ar set at the heads of severell defunct persones quliilk be tyme 
is lyk to take up the bounds of the Grayfreir yaird and may breid contest 
heirefter and to appropriat the same to thair use and that within the spaice 
of twentie dayes eftir the dait heirof. 

Post meridiem. 

[James Cochrane and James Fentoim are elected commissioners to the 
General Assembly on 12"' instant by the Council and extraordinary deacons.] ^ 

Uth July 1648. 

[The money of the merk per tun, after George Suittie has been paid, as has 
nearly been done, is to be used for a proper roof to tlie church at the Tron. 
Money is to be borrowed for that purpose and repaid from the impost.] 



Sessiouns 
Eiectioun 
Ministerls. 



28th July 1648. 

Haveing takin to consideratioun the report maid be my lord Provest 
anent the conference had betwix the commissioneris of the General AssembHe 
viz. the Earle of Cassills, Lord Elchoe Mr Robert Blair M^ Ro* Dowglas 
and M"" Johne Smyth and the said lord Provest Robert Fleyming Ro' 
Mastertoun Hew Hamiltoun baillies George Suittie James Cochrane James 

' This act shows clearly that the interference of the ministers in these matters was an 
innovation. 

^ See act of 10th July, p. 156, and offer to allow concurrence in the election as an exceptional 
thing. Apparently the ministers refused. 



OF THE BURGH OF EDINBURGH 159 

Rucheid Ro* Meikljohne and David Dowglas for the counsell quhairby he 
reported that M'' Ro* Blah" had proponed unto him and tlie rest of the 
counsell how convenient it wes for this biu-gh in the electioun of the ministers 
that the six sessiouns being the representative body of the church within 
this burgh sould have than- voyce and interes for several! reasones be him 
alleged The haill Counsell in one voyce unanimoushe found that as they 
had a verie tender respect to the ministerie and sessiouns and will be loath 
to present any but such as will be to all of them verie satisfactorie or to doe 
any thing which in the least measour may give them the least offence So 
upon the uther pairt they can not be takin to doe any thing wliich may 
infringe the right of thair patronadge and ordaines the Provest in all 
tendernes and respect to returne aziswer aecordinghe to tlie commissioneris 
appoynted for the conference be the generall assembUe.^ 

Ordaines Johne Liddle Kirk thesaurer to content and pay to M"" Synron [Payment of 

preacher.] 

Knox for his bygane service in preaching in the Colledge kii-k for assistance 
of M'' Johne Smyth the sowme of ane hundreth pounds. 

2nd August 1648. 

[Archibakl Sydserf and David Dowglas are appointed commissioners to the 
Convention of Burghs at Burntisland on the 29th.] ^ 

9th August 1648. 

[The monthly maintenance liavuig been increased by three months by the 
Committee of Estates, the extenters are to add one quarter to the extent now 
to be collected.] 

nth August 1648. 

[The Council and extraordinary deacons appoint John Greinleyis procurator 
fiscal in South Leith in place of the late WiUiam Mortimer.] 

IStJi August 1648. 
Forsameklc as it being certainhe informed that the Prince liis Heiahnes Anent the 

. . Princes 

is to come to this kingdome and to this brugli with the first fair wmd and iieircomeing. 
considering how necessar it is that some coiu-se soidd be takin for ressaveing 
and intertaining liis Highnes in a decent and comely way as befitts such a 
brugh to expres thair dewtie and affectione thairfoir [a committee of fourteen 
is appomted to consult.] ^ 

' See act of 10th July, p. 156, and note. 

^ See Records Convention Royal Burghs, iii. 333, rehearsing certain acts of this Convention. 

' The Hamilton Papers (p. 232) give the instructions from the Committee of Estates to 
the Earl of Lauderdale to go to Holland and invite Prince Charles to Scotland, dated in 
July. On 16th August the Earl wrote to the prince from " Dounes " conveying the invitation. 
A letter of the prince, of tlie same date, announces his intention to join the Scots army in 
England. The day before this letter, that army, under the Duke of Hamilton, had been 
defeated by Cromwell at Preston. 



160 



EXTRACTS FROM THE RECORDS 



[Suspension of 
Mr William 
Colville.] 



[Mr Hamilton 
to Ireland.) 



[Slater 
burgess.] 



Extraordinair 
gaird for the 
Toun. 



Haveing taken to thair serious consideratioun the bill presented to them 
be the elderis deakens and uther f)arischioneris of the southeast paroshe 
of this brugh humblie showmg that quhau-as it pleased the laite generall 
assembUe to suspend for a certaine tyme thair minister M'' William Colvin ^ 
and that thair is no kirk in tliis burgh furneist with two ministeris excejjt 
the northeast [sic] be M"" George Gillespie and M'' Robert Laurie That thairfoii' 
the counsell would take course quhairby the said M'' Robert may exercise 
his functioim dm-eing the t5Tne of the said M'' WiUiam his suspentioun . . . 
the quliilk desyre the Counsell finds reasonable and sail take course that 
the same be done with all expeditione. 

Forsamekle as M'' James Hamiltoun ane of the ministers of the south 
paroshe of tliis burgh . . . maid remonstrance mito the Counsell that at 
this tyme he had pressing occasiouns to goe unto Irland for the space of 
fyve or sex weikes and to the effect his parocliineris be not disappoynted of 
preaching be liis absence obleidged liimself to condishend upon sick able 
actuall ministers as sould supphe his place in preaching once ilk Soonday 
and lykwayis in sick weik dayis as sail faU to liis torn- and that befoir his 
goeing he sail sie the Presbitrie take course for suppheing M^ Andro Ramsay 
his pairt of the said chau-ge.^ [The Council grant him permission on these 
conditions.] 

The Counsell finduig great necessitie of more able sklaitters thane at 
this present hes friedome within this brugh and haveing experience of the 
abihtie and honestie of [ ] Gray ordinarhe residing in Glasgow and 
taking to consideratioun of his earnest desyre to employ himsehf in the 
service of this burgh at sic reasonable pryces as the Counsell thinks fitt . . . 
Thairfoir they have thought fitt to graunt unto him the friedome of a burges 
dmreing his lyftyme gratis. . . . 

Ordaines Johne LiddeU kirk thesaurer to content and pay to M'' Jo° 
Halybm'toun . . . ane hundreth pounds for his bygaine service of 
jjreatching. . . . 

' Colville had incurred the displeasure of the Church by refusing to read the Declaration 
by the Commission of Assembly as to the Engagement, having scruples about it. He also 
refused to testify his dislike to the Engagement. Tlie proceedings against him lasted from 
21st March to 5th June 1648, when the matter was remitted to the jurisdiction of the 
presbytery of Edinburgh (Proceedings, i.). For N.E. ch\irch read North. 

^ Mr Andrew Ramsay, like Colville, had scruples about the Declaration and had not read 
it. He also refused to denounce the Engagement, and was accused of unsound doctrine 
with regard to it and for praying for the I^^ing in terms displeasing to the Commission. The 
proceedings against him dragged on from 22nd March to 12th June, when his case was 
remitted to the General Assembly. At the end of January 1649, Ramsay, Colville and 
Lawrie, with ministers from other places, were cited to appear before the Commission '" to 
answer for their accession to the Divisive Supplication intended to have been given in to the 
Assembly." This matter was still under examination in .June of that year (Proceedings, 
i. and ii.). 



OF THE BURGH OF EDINBURGH 161 

2Srd August 1648. 

[James Auld, servant to the Earl of Crawford and Lindsay is to be made 
burgess and gildbrother gratis.] 



3l5« August 1648. 

[The Council and extraordinary deacons] being informed that a great ^^^jf^'^SJ^j'JfJ'' 
number of the leidges of this realme are assembled in a warlick maner Toun. 
quhairby this burgh may be surprysed or indangered . . . they liave 
ordained and ordaines that this night four haill comiiames sufficientlie 
armed with musket powder ball and match doe keip cairfuU watch and 
suffer no armed persons to enter within the gates thairof without speciall 
licence of the magistrates and so everie night heii-eftir till they be dischairged 
thairof. . . . ^ 

Ist September 1648. 
[The Council and extraordinary deacons] ordaines the dean of gild to [Hmgcss-ship 

^ " p ^ for messenger.] 

conferr the libertie and priviledge of burgeship on [ J Captaine of the 
catch wliicli brought home Allane Cathcart servitour to the Earle of 
Lauderdaill from the Prince at the Downes roade gratis. . . . ^ 

Post meridiem. 

Ordaines the dean of gild to delyver to Cai^taine Crawfurd ane of the 
captaines of the towne of Leith the number of ane hundreth musketis with 
bandileires. . . . 

Irtd September 1648. 

Compeii'ed my lord Provest and made report from the Committee of [r'^f^'fo ^°^ 
Estaites that the President of the Committee of Estaites propound unto 
him whither or not the Toun of Edinburgh wold give enterance to and 
passadge through thair Towne for a garisone of men quhich the Committee 
did intend to put in the Castle for seciiritie of the Kingdome To the quhilk 
the lord Provest maid answer that under favom' lie thought not such a 
propositione fitting for the Toun of Edinburgh and that if any sutch thing 
were desyred that he and the counsell were resolved to suffer no regiments 
nor companies of men to resave enterance to thair burgh bott they are 
confident and will indeavour to keip thair awin nighbours and inhabitants 
in so guid and peaceable ordour as the Committee of Estaites and uther 
' See note 1 on p. 162. - See p. 159 supra. 

h 



162 EXTRACTS FROM THE RECORDS 

publict judicatories may saflie sitt and reside thairin as in former 
tymes.^ 

Ordaines the keyis of the liaill ports of this brugh to be delyvered nightUe 
to the baiUie of the watch who most be answerable for the same. 

ith September 1648. 

Post meridiem. 

Commissioneris [Tlie CoiincO, extraordinary deacons, fourteen neighbours and the captains] 
to the forces, takeing to thair consideratioun the commotiouns and troubles of the 
countrey and (as they are certainhe informed) considerable forces from 
the West countrey upoun thair march toward tliis Toun ^ and considdering 
how prejudiciall the entering in of armed men may be to this brugh without 
advyse and consent of the counsell and befou' the manifestatioun thair 
resolutiouns might be to the peace and tranquiUtie thairof Thairfoir have 
thought fitt to addres and direct the commissioneris eftirspecifeit unto the 
saids forces with the instructiouns and missive letters quliairof the tennours 
are underwrittm Instructiones from the Provest bailhes counsell and 
committee of the brugh of Edinburgh to Robert Fleyming baiUie Sir Jo" 
Smyth Sir James Stewart and James Monteith their commissioneris to be 
sent to my lord Chancellour and uther noblemen and commanderis of the 
forces quhich are one thair marche from the West 1) Yow sail with expeditioun 
goe towardis Linlithgow or any uther place quhair yow have intelligence of 
their beeing and if yow find any parties of hors [or] foott be the way yow 
sail enquyre for thair cheif commander and desjrre to know of him if he 
%vith his pairtie hath ordours to come to this To^vne and in that caise 
shall show unto him that ye are sent as commissioneris from tliis brugh to 
treat with my lord Chancellour or any uther noblemen leaderis and 
commanderis in cheif of the armie and that thairfoir he would be pleased 
to foirbear his approach to the Toim till yow haveing met with the saids 

' The subject of the garrison of the Castle was always a vexed question. See Extracts, 
1626-41, pp. 231, 235, 236, narrating the difficulty of King Charles in getting a garrison 
admitted. The following extract from the manuscript minutes of the Conunittee of Estates 
on 13th March 1646 shows that the Town Council was not consulted invariably in the matter. 
" The Committee of Estats thinks fit that the fourescore and ane soukliers presentlie in the 
Castle of Edinburgh be kept as a garison in the Castle, till the Committee take farder order to 
therin And that there be a Cap tan Leiutenent three serjants three corporalls tua drummer 
and captane at Amies wright and a smith canoniers quherof 2 to be wryghts And recommends 
to the Committee of Money to provyde for their enterteanment and pay whiche is to be the 
same that other garisons in the countree has." 

^ The advance of " well affected people of the west " or Whiggamore Raid (see Balfour, 
iii., p. 388). It was organised by the Earls of Eglintoiui and Loudoun, the latter having 
abandoned the Engagers and joined Argj'U and other opponents of that venture. The forces 
under them occupied Edinburgh, while the Engagers withdrew. With the Church on their 
side, it was not long before the former assumed the government. The negotiations for 
disbandment of the Engagers' forces are in the Proceedings of the Committee of Estates. 



OF THE BURGH OF EDINBURGH 163 

noblemen he may from them resave further ordours Secondlie ye sail cairfuUie 
enquyre for M'' Ro* Dowglas and M'' Johne Smyth our ministeris qulio 
are gone befoir and take thalr advyce and heartie concurrance in qxihat 
way to prosecute the busines intrusted to yow Tliridlie when ye sail meett 
with my lord Chancellour or the commander in cheif of the armie ye sail 
represent unto them that so soone as we resaved advyse of the first alarme 
we conveined the Counsel! and unanimousUe resolved to keip a strong 
guaird and to j^ermitt no souldiers to enter our brugh or to pas into the 
Castle thogh haveing ordours from the Committee till sick tyme thair 
resolutiouns were maid knowne to the magistrates and the consent of the 
said magistrates oljteined thairto and that accordinglie we continew in 
keiping strong guairdes till farder advyse Fourtlilie ye sail represent unto 
them that as we dowbt not of thair honorable sinceir and pious intentiouns 
and resolutions in prosecuting all the endes of the Covenant quhairin also 
we have bein ar and sail be most zealous and willing so we expect that 
their lordships will not pres us to resave within our brugh any regimentis 
trowps or companies of souldiers except allenarlie such noblemen gentlemen 
and utheris as in the accustomed civill and peacable maner have occasioun 
for tlie pubhct affanes of the Kirk and Kingdome or for thair awin privat 
affaires not prejudging our priviledges and liberties 5) Item you sail upoun 
all occasiouns direct unto us expressis and posts with advyse of the 
conditioun of affaires quhairby we may be the better enabled to carie our 
selves prudenthe to the contentment of all godhe and honest countremen 
Sic subscribitur A Tod Provest Ro : Maistertoun baillie Hew Hamyltoun 
baillie Ro* Sandelandis baillie. 

Followes the missives the first quhairof direct to the right noble and 
potent Earle of Lowdoun high Chancellour of Scotland or to any utlier 
commander in cheiff of the forces raisd in the west at Linlithgow or elsqidiair 
thes Right honorable and our verie guid lordis Being informed that yoiu- 
Lordships with a considerable armie are upoun marche towardis tliis brugh 
and being verie confident of the justnes and equitie of your honorable 
intentiouns and resolutiouns we have thought fitt and expedient to adch-esse 
and direct unto yow the beareris heirof Robert Fleyming ane of our present 
bailUes Sir Johne Smyth Sir James Stewart and James Monteith our verie 
trustie nighbouris and conburgessis with particullar instructiouns to present 
unto your lordships that it is our humble desyre (for preveirtmg all mistakes 
and that we may the better know how to carie our selves) that your lordships 
wold be pleasd to condiscend with them upoun sick particuUars as is fitt 
for us to doe in relatioim to the proemoving of the pubhct warke of reforma- 
tioun and all the endes of the Covenant the pubUque peace of this Kingdome 
and the libertie and weillfaire of this our brugh Quhairin as we doubt not 



164 EXTRACTS FROM THE RECORDS 

of your lordships constant zeall so we sail endevoiir to behave our selves 
as becomes guid Cristianes and cittizens and your lordships most humble 
and obsequous servandes the Provest and baiUies of Edinburgh [Signed as 
above] Edinbm'gh foiurt Sepf i^ vi^ foiurtie eight. 

Followis the missive chrect to the right honorable and our verie noble 
freind Liut. GeneraU David Leshe ^ at Linhthgow or elsquhair thes Right 
honorable Haveing the occasioun to send the beareris heii'of our com- 
missioneris for treatting with the lordis and uthers leaderis of the armie 
from the West and hopeing that yoiir honour may probabhe be with them 
your manifold former favours towardis us have enboldned us be thii' presentis 
to intreat your honours concurence and assistance to them in quhat they 
have to doe conforme to our particullar instructiouns for the pubUct guid 
of the Kirk and Kingdome and this brugh quhairof as we are most confident 
on youT behalf so we sail be ever most readdie and wiUing to have reall 
testimonie of oiu: respectis to your honour as being your honoiu's most 
faithfull and humble servandis the Provest and baiUies of Edinburgh 
[Signed as above] Edinburgh the fourt of Sepf i'^ vi*^ fourtie eight. 

Qth September 1648. 

[The accounts of the Treasurer for the year ending Michaehnas 1645 show 
a charge of 95,527" 12^ 10" and a discharge of 97,975" 16^ 2". Because he 
advanced the money in which he is overspent he is to be allowed the annualrent 
thereon, being 6J per cent, for three years, and the Council will give bond for the 
repayment of both principal and annuahent at Martinmas next. And because, 
on account of the plague, the treasurer was not able to collect the whole impost 
on wine, the Council accept 359" which the Treasurer declares was all he could 
coUect.] 

8th September 1648. 
Post meridiem. 

Regiment to be [The Comicil, extraordinary deacons, some neighbours and the captains 

Chancellor being assembled] The Provest baiUies and counsell be command of the Lord 

desyres! Loudouu high CliancellouT of Scotland haveing convened the Counsell 

captaines and nighbours for resavemg certane overtiu-es from his Lordsliip 

tending to the pubUct service of this Kingdome the said lord Chancellour 

maid a speache unto them qidiairin he did remonstrat the great damger 

of rehgioun King and Kingdome and that now the noblemen gentlemen 

and uthers of the West countrey and uther places of the Kingdome out of 

thair zeall to the caus had convened so frequenthe he expected that this 

brugh would not be deficient moir now thane in former tymes m giveing 

thair assistance and that his owin opinioun wes it might be satisfactorie 

^ General Leslie was of the party of Argyll. 



OF THE BURGH OF EDINBURGH 165 

if we would put out a regiment of fyve or six hunder men quhom he wes 
confident would not be imj^loyed longer thane ten or fyftein dayes And that 
we sould make nominatioun of our awin ofiiceris recommending (if so the 
Counsell thought fitt) Colonell Colin Pittscottie to be a fitt man for a 
Colonel without prejudice to the counsell to make choyce of him or any 
uther at thair awin i^leasiu'e and that we would provyde maintenance for 
our men for the spaice fonsaid and that the tyme being pressing it were 
expedient that with all cheu-fullnes and sjjeed the bussines might be effectuat 
and discoursd at large to the j^urpose foirsaid Eftu- quliilk his Lordship 
removed to expect the counsell and nighbours answer Quhilk speiche the 
counsell haveing weyed and seriouslie considered and being verie effectionat 
to the pubhct service they all unanimouslie concludit to give my lord 
Chancellour this answer that tliey would use their best indeavoiu's to put 
out a regiment and to provyde for them dureing the spaice foirsaid and 
that they wold goe about it with all sjieed Quhillv answer being delyvered 
be the lord Provest the lord Chancellour accepted verie hertihe thairof 
and returned them thankes accordinglie.^ 

9th September 1648. 
[The Council and oxtraorduiary deacons being assembledj Forsamekle as Regiment 
the lord liigh Chancellom- haveing sent unto the Provest [and] baillies ane upon nin""'' 
command under his lordship hand quhairof the tennour followes I did '-''™'''''^ ''^"^'• 
exjiect certainlie that according to yom' promeis yow would have chosin 
your commanderis and the jjarticuUar maintenance of your officeris and 
sodgeris befoir the dissolving of your meitting quhairin I heir yow have 
failled These thairfoir are to requyi-e yow to draw all yoiu: companies to the 
abbey clos and to draw out of them sex hundreth sodgeris of your best 
and ablest men to marche weill armed and jirovydit with ammunitioun to 
the randevous at Leith againe nyne a cloak in the mornuig this day under 
paine of death the los of thair wholl money goodis and Uberties And that 
able and faithfull Commanderis be sent fm-th with your sodgeris Given at 
Edinburgh the nynt of Sepf i"' vi'= fom'tie eight Sic subscribitur Loudoun 
cancellarius For the lord Provest and the baillies of Edinburgh The Counsel 
being advysit heirwith ordaines proclamatioun to pas tlu-ough this brugh 
commanding the haill inhabitantes to attend than' cullours to the effect 
foirsaid under the paines abonewrittin. 

' The Earls of Crawford, Lanark and Glencairn were still in arms with the remnant of the 
Engagers' army and were standing out for terms for themselves. Their attitude to the 
invading army under Cromwell and to the rising in the West was such as to show the possibility 
of another civil war. Indeed a part of their army, under General Sir George Monro, beat off 
Argyll and his Highlanders when they attempted to capture Stirling Castle. At the time 
of the above act, tliey were at Hadtlington. Hence tlie anxiety that Edmburgh should 
provide a regiment. 

l2 



166 EXTRACTS FROM THE RECORDS 

. . . Unanimouslie electis nominatis and choyseth Colonell Colin 
Pitscottie to be Colonell of the said regiment. 

11th September 1648. 

Prociamatioun [The Councll, extraordinary deacons and Sir John Smyth and Sir James 

souwle'TOtoUie Stewart being convened] Forsamekle as it is foiuid necessar that for 

touns regiment, preservatioiui of Rehgioun King and Kingdome there be ane regiment 

raised be this brugh of Edinbm'gh and that they marche to the leaguer 

betwix and eleven hoiu'is this foirnoone Thairfoir ordaines prociamatioun 

to pas through this brugh requyreing aU souldiers and gentlemen who are 

■willing to take on the said regement that they will repair instanthe to the 

Parliament hoA\"s and yaird thairof qidian tliey sail find the magistrattes 

readdie to accept them qulio hath condiscendit to gramit unto them a 

pay eight schillings Scottis per diem Lykas they are reacUe to advance befoir 

hand to everie man quho will undertake ane full monethis pay at the rate 

foirsaid beuig twelf pundis for ilk souldier monethhe The lyke prociamatioun 

for Leith and another for the Camiogait. 

(Firing of Ordauies prociamatioun to pas tlurow this brugh that no persone quhat- 

muskets.] soever dischairge than musketts with ball be day or night within this brugh 

without special! command of thair captaines and officers of guaird. . . . 

12th September 1648, 

[The Council and extraordmary deacons bemg convened] Forsamekle as 
the lord Chancelloin hath derected ane warrand for furnishing of Sir James 
Stewart with souldiers to execute pubhct ordours Thes ar thairfoir to ordaine 
the Provest and baUhes to give warrand and command to the baillies of 
Leith to furneis twentie or more souldiers to the effect foirsaid according 
as they sail find the lord Chancelloui's warrand to requyre. 
Letters . . . Ordaines the Provest and bailhes to wTytt letteres to the burghs of 

Hadingtoim and Lauder as also to Sn James Nicolsoun of Colbrandspath 
desyreing tliair cair in procureing and sending to us intelegence of the 
motiomis of any forces from om borderis to\\'ardis this place and that the 
letteres carie that qidiatever chairges or exjjensis they are at that the same 
sail be repayed to them so oft as they sail send in the accompts thairof. 
[Favours to Forsamoklo as the lord Provest bailhes and counsell at the tyiue of the 

regiment" retumo of OUT amiie from England ^ were pleased to put a favour on the 
officeris of tliair regiment and thairupoun ordained the severaU captaines 
employed in that service for thair fidehtie thairin to be maid burgessis and 

' Tlie liomewaril marcli of tlie army began about 30tli January lC-t7, after tlie surrender 
of the King and tlie agreement with the English Parliament for repayment of the costs of 
the campaign. 



OF THE BURGH OF EDINBURGH 167 

gildbrethren of this Inirgli And now taking to consideratioun tliat tlirie 
of the saids captaines viz. Captaine James Cimynghame Captaine James 
Flaebairne and Captaine David Murray have now againe undertakin the 
chairg of thrie companies of the regiment now leivied and considering that 
tlie said thrie captaines at tliat tyme reaped no benefite be the said favoiu- 
confen-ed on the ofificeris in regaird they were at tlie tyme actuall burgessis 
and gildbretheren Thairfoii- the Counsell being sensible of thair guid service 
ah-eadie done and now in this employment to be done for the qidiilk a 
mark of favour aught to be put on thein ordaines that for all tyme to come 
dureing thair lyftyme they be frie of payment of extentis within this brugh 
and liberties thairof and that dureing thair service in the said employment 
thair wyfes and famiUes be frie of watching and wairding. 

[A regiment having been raised under the command of Colonel Pitscottie] Pay to the 
and considering that the officeris thairof stand greathe in neid of many regiment, 
necessares to be by them provydit for thair accommodatioun in the service 
Thinks it fitt that ane half moneths jiay be advanced unto the Colonell and 
Lieu* Colonell and uther officeris of the staffe as also the the Keu's ensignes 
and serjandis of the severall companies and that the thrie companies raised 
furth of the nighbours of this brugh being than- awin burgessis sould be 
supplied with ane haill monethis pay ^ and that thair be ten baggage hors 
provydit for the said regiment consisting of fyve companies Thairfoir 
ordaines the thesaurer to content and jDay to the quarter masteris of the 
regiment . . . the said half monethis and haill monetlus pay to the severall 
officeris respective togidder witli fyve hunder pound Scottis for the saids 
baggage hors being fyftie pounds for ilk hors and ordaines the foirsaid 
pay to be accompted and allowed up to the General Commissar out of the 
first end of the monetlilie maintenance. . . . 

IM September 1648. 

Compeird the lord Provest and produced the lettre underwrittin direct Letter from 
to the Provest and baiUies of this brugh fra the lord Chancellour from campbeiifor 
Falkirk as followes My lord provest and baillies Our armie being in great tiieanuie. 
necessitie for want of intertainment We doe thairfoir desyre your Lordships 
to have a speaciall caii- to hasten liither all the provisiouns of bread and 
cheis or uther victualls necessarie for the use of the armie and also to be 
assisting to Su- James Stewart John Denholme and Robert Lockhairt who 
are commandit to goe activalie about the performance thairof all which 

' The proclamation forbidding servants and apprentices to leave theii' masters (p. 149 
siipra) hints that the remaining companies may have been made up of iinfreemen, young or 
older, not burgesses and possibly not even inliabitants of the burgh. Previous Town regiments 
probably were recruited in the same manner. 



168 EXTRACTS FROM THE RECORDS 

yow are requyred to doe as yow will answer the contrail" at your outmost 
perrill And for your obedience heii-in thes sail be your sufficient warrand and 
according as yow behave your selffs heirin so sail yow be esteemed of by 
your affectionat freinds. . . . ^ Quhilli letter being read in counsell they 
remitted the sending an answer to the nixt counsell day. 

I5th September 1648. 

[The Council and extraordinary deacons being assembled, John Twedie, 
younger, smith, is appointed master smith to the Town in place of the late John 
Scott.] 2 

The Counsell . . . have thought good to advance the number of ane 
thowsand bolls aitt meill for the use of the armie and heirby gives ordour 
to Jo" Denholme to buy the same in the Touns name to the use foirsaid. 

20th September 1648. 

[The collectors of extents are to use execution against such as refuse to pay 
by jjoinding, imprisonment or anj' other way the Magistrates may order. 

The accounts of the extents for 1645-6 show a charge of 33,610" 11^ 4<i and a 
discharge of 32,566'' 17^ 6''. The accounts of fines show a charge of 463" 4^ 6'' 
and a discharge of 448" IS^^ 8''. 

The accounts of the dean of gild for the four years of his office, 1643-7, show a 
charge of 26,101" and a discharge of 24,721" 18" 4''. He is to be charged with 
the balance of 1,379" P 8d in his fifth year's accounts. 

Tlie bailies are to lend to the kirk treasurer 4,000" for the ministers' stipends.] 

21st September 1648. 

Act for quarter- [The Council and extraordinary deacons being convened] Compeired 
regiments. Colouell Coliu Pltscottie and produced ane warrand from liis Excellencie the 
Earle of Leven cjuhairof the termour followes By his Excellencie the earle 
of Leven yow are heirby ordered to quarter the whoU foott regiments in 
the toun of Leith Cannogait West Port Potterraw and Pleasance by the 
advyse of the Toim Counsell of Edinburgh and haveing espeaciall cair 
there be no wTong done in the quarteris by officers or souldiers . . . sic 
subscribitur Leven For Colonell Pitscottie In obecUence to the quhilk ordours 
the Provest baillies and counsell causd quarter the regimentis as followis 
ColoneU Inneis his haill regiment in the Cannogait Pitscottie his regiment 
in the Cannogait and Pleasance Colonell Mure his regiment in the Potterraw 
and Colonel Brymer his regiment in the West Port till farder ordours be 
given thairanent. 

' A copy of this letter, dated 12th September, is found in the records of the Committee 
of Estates. The army under the Earls of Crawford, Lanark and Gleneairn was encamped 
at Stirling. 

- The Council Records have no previous appointment of a master-smith. 



OF THE BURGH OF EDINBURGH 169 

"I'lnd September 1648. 

Compeired the present deakens of the furriours wrights massouns [Supplication of 
baxteris fleshours wobsteris wakeris and bonnetinakers of this brugh and election of 
presented a bill and sui^phcatioun befoir tlie counsell liumbUe sliowing the councillors.] 
great prejudice the deakens of the foirsaids craftis hes susteined these 
twentie yearis bygane be the sex deakens of the uther crafts . . . pretending 
and alledging that in the yearlie electioun of the sex deakens counselleris 
they hes some particullar right or continued custome to be ordinarie 
counselleris and the saids petitioneris and deakens of thair craftis to be 
alhvayis extraordinarie deakens and not capable to be admitted upon the 
counseU expresUe contrair to the liberties and priviledges conteined in the 
sett and decreitt arbitrall maid thairanent anno Ane thowsand fyve Imndreth 
foii'scoir thrie ^ and thairfou- desyi-eing ane act may be past for preventing 
of aU misunderstandings in tyme to come quhairin it may be declared that 
for the future in the said electioun of sex deakens to be counselleris no 
respect to be liad to the deakens of one craft more tlian to the deakens of 
ane uther Bot to such sex of tlie haill fourtein deakens cjuhom the counsell 
for the tyme sould find to be most quahfied and quhom they sail tliink 
fitt to make choyce of in a frie electioun conforme to the tennour of 
the sett aUenarlie Quliilk supplicatioun the counseU finds reasonable and 
thairfoir declares that no deaken can pretend right to the priviledge of elec- 
tioun to be counseller ane moir thane another bot that the samen electioun 
of sex deakens to be counsellours out of the haill fourtein deakens doeth 
not onlie dejaend upoun the voiceing of the counsell consisting of nyneteine 
of thair number and they to ellect such sex of the fourtein as they sail find 
to be most quahfied for the pubhct service of the brugh and quhom they sail 
think fitt to make choyce of in a frie electioun without respect of ane craft 
more than another conforme to the tennour of the sett and decreitt arbitrall 
of the daitt foirsaid in all poyntes Quhilk friedome of electioun of deakens 
counsellours the Provest baillies and counsell ordaines to be observed 
punctuallie in aU tyme comeing. . . . 

[The tacksmen of S' Paul's work having repaid to the Town treasurer the 
sum of £1,000 sterling, being M' Robert Johnston's legacy. The treasurer by 
act of Council 2"'' June last advanced from the said money towards the payment 
of 40,0001' for exemptmg the Town from levying a regiment for the Engagers 
the sum of 5,000 merks. He is to be charged with the remaining 13,000 merks. 

' The discrimination between the various crafts, as eligible for the Council, is found in 1569, 
when it was laid down that crafts " quhilkis had the handling of mennis sustentatioun " might 
not be on the Council lest they vote to their own advantage, and that " cordinaris " and 
others " of sic rude occupatioun " were not eligible (Records, iii. 263-4). The practice of 
choosing the Council deacons from the six crafts was more than twenty years old. It is 
founil habitually from 1589. 



170 



EXTRACTS FROM THE RECORDS 



[Company for 
Watch.l 



The Council agrees witli Lieut. Colonel Affleck to keep a company of 00 
soldieis with a lieutenant, two Serjeants and three corporals for guarding the 
Town, instead of the ordinary watch of inhabitants. These are to keep the day 
watch and the Colonel or some of his officers are to see to the setting of the 
night watch, which is to be kept by the inhabitants. He is engaged for six 
months at 200 merks a month. The pay of the others is laid down, but they 
are to be retained only durmg the Council's will.] 



Letters from 
the Committee 
of Estaites dis- 
chairging the 
electiouu of 
Ingadgeris to 
be magistrates. 



21th September 1648. 

[The accounts of the treasurer for 1645-6 show a charge of 66,344'' 17^ 2'' 
and a discharge of 71,301'' 4^ 2''. The Council grant bond for repayment of the 
balance with interest.] 

Compeird the Earle of Cassills and Laird of Cesnok sent to the Counsell 
from the Committee of Estaites now sittand and presentand the twa actis 
of Committee daittit the twentie twa of September instant togidder with 
the instructiouns underwrittin quhairof the tennoiir foUowis Instructiounes 
for the Earle of Cassills Laird of Cesnok and George Gairnes Yow are to 
resentt to the lord Provest baillies and To^v•ne Counsel! of Edinburgh in 
name of the Committee the printed actis of the twentie twa of September 
and in obedience thairunto desyre them to have a speaciaU caire that in 
the electioun of thair magistrattis and comaseUoris for tliis year they make 
choyce of non but such as are capable of place and trust by the said act 
Yow sail fm'ther requyre that none have voice in nor be present at the 
electiomi but such as are qualified in maner exprest in the said act and 
particuUarHe who have not subscryved the band Sic subscribitur Loudoun 
canceUarhis I. P. D. Com. And imediathe thatreftir the saids actis of 
committee and instructiouns were read in presence of the counsell and 
they being advysed tliairwith fand the samen verie strict and reflecting 
upoun all the members of the counsell and thairfoir continwed the electioun 
of the new counsell tUl they had the Committies true sence and meaneing 
thairin and declaratioun thairanent. 



Anent the 
electioun of 
magistrates. 



Post meridiem. 

Ordaines the baillies Robert Fleyming and Hew HamUtoun with Jo" 
PoUock to repaire to the Committee of Estaites and to represent unto thame 
that the CounseU imanimouslie were resolved to make choyce of such 
counsellours and magistrattis as they were confident sould be satisfactorie 
to thair Lordships and to the whoU weill affected witliin this Kingdome 
Bott that they had some scrouples anent the persones who were to have 
voice in the electioun be reasone of the instructiouns presented unto them 
from the Committee in the foirnoone be wliich the sett or decreitt arbitral! 



OF THE BURGH OF EDINBURGH 171 

ane thowsand fyve hunder fourscoir tlirie seimed to be infringed and 
tliairfoir to desyre some furtlier cleiiing in the said bussines. 

[Tlie Council elections arc postjjoned till the forenoon of the next day.] 

28th September 1648. 
Conipeh-d tlie baillie Robert Fleyming and producit the declaratioun [Quaiiflcation 

P , , . , . . , . , . r 1 1 • of magistrates.] 

01 the C onmiittee underwrittin anent than sens and meaning oi tlie electioun 
of the counsellours and magistrattis for tlie year to come . . . The 
Committee hath considered the desyi'e of the present magistratis and 
counsell of Edinburgh and doeth retiirne this answer that they have alreadie 
signified thair mynd touching the maner of the electioun of the magistrattis 
and Counsell for this year and they doe now requyi'e that they make choyce 
of such jjersones as are qualified according to the act of the Committee 
published in print and as are truelie faithfuU for advanceing the worke of 
reformatioun and the publict service of the Kingdome as they will be 
answerable to this Committee and to the Parliament In all which we doe 
declau- there is nothing intendit to the i^rejudice of the priviledges and 
liberties of the Toun of Edinburgh. . . . 

4:th October 1648. 

[The CouncU and extraordinary deacons being convened] Comjiened the Debarring of 
earle of Cassills the lord Advocat Sir Archibald Johnstoun and George tiie old baiiues 
Jardin and presented to the CoiniseU the twa paperis direct to them from saiouris for tiiis 
the Committee of Estaites quhairof the tennour foUowes Edinburgh the ' 
foiirt of October 1°^ vi*^ fourtie eight The Committee of Estaites haveing 
takin to then mature deliberatioun the electioun of commissioneris to the 
ensueing ParUament in shyi'es and brugliis and the electione or continuance 
of magistratis within brughis or any uther publict judge minister or officer 
atlier in brugli or landward and finding that the act of the twentie twa of 
September last is not fuUie and clearlie understood they doe ordaine that 
according to the articles of agriement of the twentie six of SeiJtember all 
such as have bein imployed in any pubhct place or trust quhatsoever within 
the kingdome and have bein accessorie to the lait engadgment sail forbear 
the exercise of thair places and sail be excludit from haveing a voyce in 
electiouns alsweill as from being elected and from sitting in Counsells 
commit ties or any uther judicatorie as memberis or clerkis ^ and incaice 
any persone or persones of quhatsoever quaUtie or degrie guiltie of any 

' Earlier proceedings not printed sliovv that tlie Coiuicil already had disregarded a part of 
the Committee of Estate's desire and eonducted their election in the usual way, electing new 
councillors and making leets for and electing the Provost and magistrates. 



172 EXTRACTS FROM THE RECORDS 

of the cryines and faultis exprest in the act of the twentie-twa of September 
sail not forbear the exercise of thair places according to the said agriement 
the Committee of Estaites doeth declair that they sail be lyable to j^ublict 
challenge for any thing done by them in relatioun to the said Engadgment 
against England or uther crymes or fanltes exprest in the said act . . . 
and that nane may jaretend ignorance lieirof tlie Committee ordaines this 
present act to be pubUshed at the mercat croce of Edinburgh and uther 
places neiclfull as also to be printed. . . . Edinburgh the foittt of October 
jm Yic fourtie eight The Committee tliinks fitt and recommend to tlie 
Provest and baiUies of Edinburgh that they place a sufficient guaird at 
the court of guaird neir the croce to attend the Committee in the ordinare 
place of meitting in the Parhament hous for some dayes until they resave 
further ordours. 

The quhilks papers being read in open counsell the lait provest Archibald 
Tod the fowr lait bailhes Ro* Fleyming Hew Hamyltoun and Robert 
Sandilandes with Ro* M^Kean deaken of the skiimeris removed themselves 
furth of the Coimsell hows to attend the CounseUs resolutioun quliairupon 
the Comisell haveing serioushe considerit the fotrsaid ordour of the Committee 
of Estaites and finding that the giveing obedience to the ordour of the 
Committee is the reddiest and fairest way for preserveing the priviledges 
of the Toun and secim-eing the saids persones removed from any danger 
in thair bodies or estaites quliilk they might have inciu'rd be the act of 
the twentie twa of September last and be the certificatioun of the foirsaid 
ordour they thought fitt to make ane new electioun of able and quahfied 
persones to be counsellers in thair plaices [and proceeded to elect Sir WilHam 
Dick old provost, four old bailhes and old dean of gild. Also they ordered the 
skinners to present leets for the election of a new deacon. 

Patrick Thomsoiie is elected water and baron bailie of Leith and John Liddell 
baron bailie. John Buuiy is elected baron bailie of Broughton and baihe of 
the Canongate quoad criminalia. John Patersone and George Cairncroce are 
bafiies of the Canongate quoad civilia.] 

6th October 1648. 

[Greetings to Appoyutis the four baiUies the old provest the deaken of the cliii'm'gianes 

and thair Clerk to goe doim to the Cannogait in the eftrrnoone and in the 
counseUs name to salute the lord Cromwell heut. Generall of the EngUshe 
forces. . . . ^ 

* He stayed in the Earl of Moray's house in the Canongate, dined with the Marqui.s of 
Argyll and Wariston and met the leading ministers. Of the nobles he wrote that " he found 
nothing in them other than what became Christians and men of honour," a judgment hardly 
borne out by the facts. One of the ministers, at least, was not favorably impressed by the 
General, cliaracterising him, among other things, as " an egregioas dissembler." The 



OF THE BURGH OF EDINBURGH 173 

Forsamekle as the Committee of Estaittes ... be thair act of . . . Namesofstrain- 
the sext of this instant for the causis thairin conteined hath ordained all g^venhi.' 
thes qiiho have beine in amies for prosecutione of the lait engadgment 
againes England or quho have bein in amies under the command of the 
Earle of Lanerk or have joyned in amies with thes under his command or 
with the remainder of the armie returned out of England under the command 
of Colonell George Monro ^ and uthers to depairt out of tliis Cittie and 
suburbs thairof within the spaice of fourtie eight houris after publicatioun 
heirof . . . and . . . the Provest and baillies of this brugli are appoynted 
to take speaciall can- that the foirsaid ordour be punctuaUie observed and 
speidilie put in executioun heirefter Ordaines proclamatioun to pas throw 
this brugh suburbs and liberties thairof to command and chairge that na 
inhabitant within this brugh . . . presume nor take upoun hand to resave 
or liarbour any strangeris within tliair housis set beds or clialmeris to them 
till fii'st they come to the Constable of the quarter and give up the names 
of the saids straingers thair qualitie equipage amies and conditioun of 
liveing and heirby to command the saids constables daylie and ilk day in 
the morning to give in ane just accomjDt of the saids straingeris to the 
baillie of ilk quarter of this brugh to the effect that such course may be 
taken with them as the Committee of Estaites sail injoyne. . . . 

Ml October 1648. 
Taking to consideratioun ane bill given in be Sarah Bynnie spous to Restoring of 

IT-. 1 o 1 7 7- 1 ■ 1 • 1 1 Alexr Brand his 

Alexander Brand merchand - humbhe craveing that quhairas hir husband burgessiiip. 
was depryved of his burgeship and gildship be the late magistratis as also 
that his booth doore sould be closed up that now in regaird of his absence 
out of the countrie and the great prejudice the compleaneris poor familie 
and children hath susteined thairby that thairfoir the Provest baUUes 
and counsel! wold jileas to restoir to hir husband his former Ubertie and 
that libertie may be graunted to hir to opin hir buth doore and vent the 
merchandice lying on thair Iiandis . . . The Counsell haveing thought 
fitt to delay tlie restoremg the said Alexander Brand to his hbertie of 
burgeship and gildship till his home comeing and giveing satisfactioun to 

justification offered by the Commission of Assembly, now the virtual rulers of the country 
for suffering Cromwell and his army to enter Scotland was " that they could not in justice 
refuse to suffer the Englishes to pursue those who had invaded their kingdome. . . ." (Pro- 
ceedings, ii., p. 92). 

• Moru'o with his troops from Ireland had been too far behind the main body of Hamilton's 
army to be involved in the defeat of Preston. He had retired northward. Subsequently, 
he had frustrated the attempt of Argyll and his Highlanders to capture Stirling Castle and it 
had been against hira that the Chancellor's army had been directed. 

- See 21st and 30th June (pp. 154, 155 supra) for the reasons for Brand's deprivation. 



174 EXTRACTS FROM THE RECORDS 

the coiinsell of anything pretended against him and for quhilk he wes 
depryved and to graunt libertie and licence to the suppUcant to oppen her 
buith doore and vent hir merchandice dureing the counsells pleasure. . . . 

[Council for 1648-9 : Provost, Sir James Stewart ; Bailies, James Rucheid, 
Laurence Hendersoun, David Wilkie, John Denholme ; Dean of Gild, George 
Suittie ; Treasurer, John Hilstoun ; Council, Sir WiUiam Dick, John Pearsoun, 
James EUhes, James Ahesoun, Peter Blaikburne, Thomas Leishman, Robert 
Lockliart, Gilbert Muire, Johne Kniblo, David Kennedy, surgeon, Wilham 
Patersone, tailor ; Ordinary deacons, James Borthuik, surgeon, George Cleghorne, 
goldsmith, Alexander Lyndsay, hammerman, Michael Gibsoun, tailor, John 
Pollock, shoemaker ; Extraordinary deacons, Robert Pargillies, furrier, Alexander 
Cleghorne, wriglit, Alexander Menzies, mason, James Bailhe, baker, David 
Dmican, flesher, James Lawsoun, weaver, Thomas Storie, waulker, Wilham 
Sterling, bonnetmaker.] ^ 

Uth October 1648. 
[House for Taking to consideratioiin the sadd conditioun of M"" George Gillespie 

Mr George . 

Gillespie,] on of our ministeris be reasone of his heavie sicknes in Kerkadie and that he 
is desyrous to end his dayes att Gods pleasour within this burgh to quliilk 
effect most necessar and convenient is it that a hous be prepaired for liim 
of the best air and iither commodities Thairfoir ordaines James Rucheid 
George Suittie Johne Hilstoun and Michael Gibsone to take the best course 
they can cjuhairby the hous in the hie scoole yaird pi-esentlie occupyed be 
the relict of umquhile doctor Johne Scharp be provydit to him.^ 

[The captains of the guard are to find whether the neighbours within their 
respective bounds are willing to watch for twenty-four hours in each week or 
pay 4» weekly instead towards the monthly pay of the guard.] 

Uth October 1648. 

Catchepoou of Thinking it necessar for the guid of the burgh that ane weyhous might 

weyhous. be maid in the Catchpell of Leith . . . and that several! nighbours finding 

themselves much jjrejudged if any such weyhousis be erected and hath 

presented thair reasones to the consideratioun of the counsel] [they order a 

committee to discuss the matter and report].' 

Ordaines the dean of gild and his counsell to . . . resave Sir Archibald 

' In this new Council only four members were the same as the preceding year (p. 132 supra), 
James Rucheid, the Dean of gild and the deacons of the shoemakers and wrights. Ordinarily 
the old provost, bailies, dean of gild and treasurer became automatically members of each 
new Council. The old members, whose names appear, must have been therefore noted 
opponents of the Engagement, although the records give no indication of this. The deacon 
of the skinners is not named. The man elected for that office was found to be an Engager 
and a new deacon was elected on 27th December (p. 18,3 infra). 

^ See Proceedings of Commission of Assembly, ii., p. 141. He died on 17th December 1648. 

^ See Appendix viii., where the erection of this weighhouse was made a grievance by Leith. 



OF THE BURGH OF EDINBURGH 175 

Johnstoun his Majesties advocatt and ane of tlie Senatours of the Colledge [wamston 

^nd. others 

of Justice Sir John Cheishe and M'' Robert Blair minister to be burgesis burgess and 

gild.] 

and gildbretlieren . . . t?i uberiori forma gratis. 

im October 1648. 

[The Council and extraordinary deacons] considering the manifold Disciamatioun 
breaches of Covenant and Treaties in the lait sinfull engadgment against ingadgement in 

Mav 164^ 

England expressd in the declaratioun of the lait generall assembhe i and 
the evident judgment of God following thairupoun and withall taking to 
thair consideratioun that than* were sinch-ie actis maid be the preceiding 
magistrattis and counsell quho imported thair approbatioun of the said 
engadgment and then- contributione of moneyis thairunto and especiallie 
on the eight on the twelf on the nynteine on the twentie four and twentie 
six of Maij and the secund of Junij be thaii- agrieing for borrowing and 
paying of fourtie thowsand pound to the levie for that engadgment by 
approveing the proceidings of thair commissioneris in ParUament and by 
advanceing befoir hand for that service considerable soumes And that 
notwithstanding of the jjrotestatioun of many considerable memberis of 
Parhament and of the many faithfull testimonies and frie wairneings of the 
servandis of God of the suppUcatioun of many synods presbitries and 
shja-es and of the declaratiouns of the commissars of the Churche on the 
contrarie and notwithstanding of tlie petitioun of the six churche sessiouns 
and nighbours desyreing thair concurrence in a petitioun to Parhament 
that they might be frie from contributting to the said uiilawfull Ingadgment 
by wliich actis the guid tomi is maid ol)noxious to the judgment of God if 
they did not disclame the sanien And thairfou- to evidence how greived 
they are that evir any such actis sould have passed at this table and to show 
how reddie they are to conciu-re in the solmne acknowledgment of the 
pubhct sinnes and engadgment to the pubhct dewties which relait into thes 
tymes as they are injoyned be the Commissioun of the Kirk and Committee 
of Estaittes they doe unanimoushe declair that thej- doe repeall and cUsclame 
any of the foirsaid actis anent the borrowing of moneyis to that levie or 
approoving the proceidings of thair commissioneris and any utlier act maid 
be the Toun Counsell or in name of the guid Toun wliich will import thair 
consent to or approbatioun of the lait engadgment and all uther things 

1 The Commission of the General Assembly liad represented to the Committee of Estates 
on 15th September the desirability of not employing " any accessorie to the Engagement " 
in public places of trust. On 5th October they record a letter from Cromwell to the Committee 
of Estates requiring that some course might be taken for suppressing " Malignants " and that 
they should not be admitted " to places of publik trust and publik counsells " {General Assembly 
Commission Records, ii., pp. 59, 77). 



176 EXTRACTS FROM THE RECORDS 

that hes or sail follow tliairupoun and as they desjrre above all to have 
Gods wrath appeased towardis them so nixt thair unto they resolve and 
saU endeavour to keip the guid nighboiu's of the Toun frie of the guilt and 
burdein of thes things and to sie tlies dewties performed in the Cittie which 
are requyred by the solemne acknowledgment afoirsaid. 

[The Committee of Estates send a new order, dated 14"> instant requiring 
an account of the Council's dihgence in executing their act of 4"' mstant in 
order to the] making guid the engadgment of this Committee to the Kingdoms 
of England and for ane guid example to the rest of the kmgdome. . . . 
vacancie of Taking luito tlieu' consideratioun the bygaine cariage of thair Clerk 

Thomsone and WUHam Tliomsone as ane includit in the fou'said warrand to be tryed 
thair clerkships tliakby ^ and the said William haveing earnestlie pressed that the judging 
ing iiimseif to or consm-eing of him might be left and referred to the Committee of Estaites 
magistratis for the Provest bailhes and Toun Counsell did find and declair themselves to 
be judges competent to the judging of the carriage of thair awin Clerkis 
or any memberis of than- court and thought it not fitt to remitt it bak to 
the Committee quho had so often allreaddie reffered it to them and requyred 
them to debar any accessorie to the engadgment from sitting thair as clerks 
or memberis Thairfou- the said WiUiam demandit to have his challenge be 
way of cUttay in writt and eftir many debaittes had with the counsell 
concerneing his carriage in relatioun to the lait engadgment befoir he 
removed he took instrumentis in the handis of Robert Adamsone nottar 
that he clamed a ditty in wTitt Quhairupoun the Toun CounseU taking to 
thaii" consideratioun that in the tryell of thair clerks they were not tyed 
to that forme of procedure by a long written proces espeacialhe in a caice 
nottour to themselves and that the said Wilham by his awin gift of clerkship 
is bund under paine of deprivatioun to submitt to thair judgment anent 
the tryell of his cariage or any uther thing concerneing his office which 
he hes onhe dureing than- guidwiU allenerlhe they proceidit to the present 
tryell of liis accessioun to the lait unlawfull engadgment which they fand 
proven under his awin hand and by notorietie of it to themselves by his 
frameing [and] wrytteing the actis of counsell for the foiu-tie thowsand 
pound payed in name of the Toun to the Generall Commissar for thair 
levie to the lait unlawfull engadgment and that notwithstanding the 
declaratiouns of the Churche and the petitiouns of the sex ku'k sessiouns 
given in to prevent that guiltines and by his frameing and wTytteing 
the act of the lait counsell for approbatioun of the proceidings of thair 
commissioneris in Parliament quhairby neidleshe and unusuallie both the 

' See p. 171 supra, giving the list of persons to be excluded from oflfice. This affords the 
only possible justification for the Council's proceedings with regard to Thomson. The reasons 
they give are clearly made to suit the necessity of the case. 



OF THE BURGH OF EDINBURGH 177 

guilt of that sinful! engadgment and the displeasure of God following 
thairupoun wes drawin one the guid To\vne by him quho by his oath being 
bund to give just and true counsell to the magistrattis in all cases and not 
to give consent or counsell to any thing hurtfull to the commoun weill 
of this brugh wes thairby obleidged eftir so many wairnings from the 
Chiu'che and the protestoiurs in Parliament to have prevented by his 
counsell the magistrattis haveing any accessiomi to that sinfull course ^ 
and withall considering liis jiresent unrespective carriage in taking 
instrumentis agains thair procedure and not taking up the same thairby 
rubbing upoun the justice of the court and reserveing the questioun con- 
cerneing his office sa farr as he can to some uther judgment quhairas by 
his gift he wes obleidged never to declyne thair judgment butt to submitt 
thakunto and to renunce all uther judgmentis and exceptiouns and procure 
no orcUnar nor extraordinar mean to brook liis office and for severall uther 
consideratiouns moveing them they unanimously declair liis place of 
commoun clerkshipii and all uther sub-clerks and servandis who lies 
dependance thairupoun to be voyd and vacand and his gift null and 
dischairgeth him from all medhng with the office or benefite thau'of heirefter 
and ordainetli that he sail never brook that office in this Toun againe 
Reserveing alwayis to M"" Alex'' Guthrie the conditiomis agried upoun be 
the said William Thomsoun to be payit to him yearhe be the nixt intrant 
as he wes payit be the said WiUiam yearhe Lykas the Provest baiUies and 
counsell inregaird of the tennour of his gift afoirsaid notorietie of his 
accessioun to the lait unlawful! engadgment they refuis to accept of his 
instrument and ordaines him aither to hft up his instrument or goe to 
prisone dureing the counseUis pleasour. 

20th October 1648. 

[The Council and extraordinary deacons appoint John Miller Town armourer 
in place of the late David Clerk. ^ 

Colonel Affleck is to be continued in the Town's service for a further six montlis. 

Mr Andrew Ker, clerk to the General Assembly is admitted conjunct Town 
Clerk in place of William Thonisone. Thomas Burnett and WiUiam Downie are 
recommended as sub-clerks.] 

Post meridiem, in domo Parliamenti conve7ierunt Consilium et proximorum 
frequens numerus pro ut sequenti patet pagina. 

[The Council and extraordinary deacons with three hundred and eighty- Disciamatioun 
eight neighbours] haveing considdered the reasouns conteined in the act Royau^i"'^""^* 

gadgment. 

'■ There is no historical justification for the excessive powers they here attributerl to their 
Town Clerk. 

2 Appointed in 1638 {Extracts, 1G26-41, p. 206). 

M 



ministeris. 



178 EXTRACTS FROM THE RECORDS 

of Toun Counsell of the daitt the nyntein of October instant doe with thair 
concurrence and consent approve the said act and accordinghe disclame the 
lait imlawfull Ingadgment and all accessioun to any passage thairof and 
desyris to be keipit frie from all guilt and burdein quhich from God or 
man might follow thairby upoun the guid Toun upoun themselves or thaires 
and are most wiUing to make thair solemne acknowledgment of their pubhct 
sinnes and ingadgment to the pubhct dewties as they are injoyned be the 
Commissioun of the Kirk . . . and by the Committee of Estaites. . . . 
Act for tweif [The Council, with consent of the assembled neighbours, agree that there 

shall be twelve muiisters m the burgh and that the stipends shall be payable 
from aU burgh lands] Lykas the Tomi Coimsell with the guid nighbours 
afoirsaid rescinds cassis and annuUs that act of thair Town CoimseU of 
tlie eight of ApryU i"" vi^ fourtie twa in swa far as concernes thair declara- 
tioun maid thairin for continuance of the yen-he annuetie for the spaice 
of seven yetres ordie ^ and desyreth my lord Provest and the present bailMes 
with such of tlie guid nighbours as sail be now nominat to present supphca- 
tiouns and remonstrances to the right honorable the Committee of Estaites 
and the Parhament for thair lordshipps conciu'rence and assistance to 
remove all obstructiouns and to settle tliis coiu'se in ane efFectuall and 
universall way that the poor and the trades have no reasone to comjjlein 
that they are burdeined quliill otheris far more able and reaping the same 
benefite of tiie ordinances are speared upon any pretence quhatsomever 
As also to desyre thair lordsliipps to take in thair serious consideratioun 
the fairest wayis and best meanes to releive the uther great and heavie 
burdeines lying upomi the guid Toun as saU be presented to them from tyme 
to tyme by the present magistrattis and Toun CounseU. . . . 

25th October 1648. 
[Vulgar Echooi] Recommcuds Mathew Shankes to be ane of the vulgar scoohnasteris 
of this brugh and grauntis hbertie to him to teach and instruct the scooleris 
in the hie scoole learne them to wrytt and that mthout prejudice of Robert 
Amulliken who is presenthe serving thair. 
Diligence in Compeird my lord BrouchUe and Sir Archibald Johnstoun sent from 

tiieacrof '° the Committee of Estaites to the Toun Counsell and desjrred them to produce 
their dihgence to the Committee upoun Fryday nixt in obecUence to the 
papers presented to thame be the Earle of Cassills and Laird of Cesnok 
upoun the twentie seven of September last and the Counsell ordained 
the said dihgence to be drawin up in ^\Titt and produced to the Committee 
the said day.^ 

'■ See p. 6 supra. 

- See p. 170 s^ipra. The marginal note which terms this the Act of Classes probably was 
added at a later date. That act is dated 23rd January 1649 (A.P.S. vi. (2), p. 1.S4). 



Classes. 



OF THE BURGH OF EDINBURGH 179 

Electis Major Tliomas Weir ' to have the niiairge of the guaird to he EiecHoun of 
raisd for the gnau'ding and watching of this brugh in plaice of Heut Colonel for the gaird. 
Affleck and ordaines ane agriement to be maid with him and his ofiiceris 
and souldiers anent thair pay their number and the t3Tne of his continuance. 

27th October 1648. 

Appoyntis [six persons] to visite the great steiple of this brugh and sie 
quhat is necessar to be takin downe thairof befoir the winter break. ... * 

1st Noveynber 1648. 

[As, in obedience to the act of 11"» October last, several of the neighbours 
have agreed to pay for maintaining a guard, proclamation is made that all such 
shall come to the laich Council house on the first of every mouth and pay their 
whole month's money. 

In accordance with the above and with an agreement made with Major Weir, 
he is to levy forty men for the guard. 

M'' John Stewart is elected to the clerkship of the Canongate now vacant 
as subordinate to the common Clerks of the burgh. 

For the same reason, WilUam Downie is appointed Clerk of Leith.] 

1th November 1648. 

[The Council and extraordinary deacons being convened, M'' Hew Mackell, 
minister at Irvine, M"' George Hutchieson, minister at Colmonell, M"^ James 
Fargusone, minister at Kilwinning and M"' Robert Traill, minister at Kilconquhar 
are elected with the unanimous agreement of tlie ministe^rs and six sessions. 
Commissioners are aj^pointed to go to the said ministers to arrange for their 
transportation to the burgh.] ^ 

10//i November 1648 

[The Council and extraordinary deacons] Unlawis Lues Parent French- Unlaw Parent. 
man merchand in Rowen for bringing in a Dutch hoy within tiie harborie 
of Leith staying their twentie four hours tyine seduceing the nighbours 
to buy his commodities at Bruntiland transporting the said shipp 
immediatlie thaii-eftir to the said toun of Bruntiland selling his commodities 
there and in the toun of Leith and his chalmer within this brugh to sindrie 
nighbours of the samen in great quantitie as the nighbours examined 
thereupoun declaired under oath and handwiitting and all without entering 
of the saids goodis and making offer of the samen to the counsell as use is 

^ The notorious Major Weir, burned at the Gallowlee in 1670 for sorcery and other crimes. 

2 See p. 143. 

' On 1st December tlie Commission of Assembly sanctioned the transportation of Ferguson 
and Hutcheson (Proceedings, ii., pp. 117, 118). On 2nd December that of Traill was sanctioned 
{Ibid., p. 119). The question of MeKail was postponed till 12th January 1649 when his 
transportation also was approved {Ibid., p. 151). 



180 



EXTRACTS FROM THE RECORDS 



Deprivatione 
of Andro 
Whyte from 
keiping of the 
Tolbuith. 



and ingiving thairof to the magazen hows appoyntit for resaving of uiifrie- 
mens goodis contrair to the Kberties of this brugh and to the ill example of 
utheris ... in the sowme of fyve hundreth nierkis money. . . . 
[Price of tallow, 3" the stone ; price of candles, 3" 10^ the stone.] 

Forsamekle as the Committee of Estaites be thair ordom* of the nynt 
of this instant upoun the depositioun of certaine witnesis sworne admittit 
and examined befoir the Committee of Estaites for the tyme in Apryll 
jm Yjc fourtie six led againes Andro Whjrt keiper of the Tolbuith of this 
brugh manifesting his great maUgnancie in extolhng James Grahame lait 
Earle of Montrose and speaMng baseUe of my lord CiianceUom- ^ the Earle 
of Ai-gyU the Earle of Crawfurd and Lord Lem-ik . . . did recommend 
the particuUar depositiouns of the saids ^vatnessis to be taken notice of 
be the Provest and baiUies of this brugh and doe thalrin as they will be 
answerable to give in their report thairof and of the former pappers and 
messages sent to them . . . The Provest bailhes and counsell haveing 
heard the said depositiounes and recommendatioun of the Committee of 
Estaites pubUctUe read in thair audience and they haveing seriousUe 
considered the samen and calHng to mynd his iU service bad attendance 
and misrespective carriage to the magistrattis of this brugh did find him 
guiltie of revileing the four noblmen afoirsaid and in extoUing that 
excommunicat foirfaulted rebeU quhilk cUd sufficienthe evidence his 
maUgnancie and deserve reall censiu-e Quhairupoun the Counsell all in one 
voice . . . did agrie to depose him from his plaice Lykas be thir presentis 
they doe depose him from the said plaice as keiper of the Tolbuith and 
all exercise thairof and benefite of the samen in all tyme comemg . . . 
Lykas the said Andro Wli3rtt compeirand did take it out of the handis 
of God as a punishment for liim and delivered the great kie of the utter 
gaite in the lord Pro vests handis. . . . 

[Robert Denholme of Westsheill is appointed keeper of the Tolbooth. 
The gift of the clerkship to M'' Andrew Ker is recorded at length.] 



nth November 1648. 

[Cannon] Appoyntis Jo" Kniblo to caus bring up the twa peices of cannoun with 

thair carriages out of Leith to this brugh and to put them in the guaird 
hows thairof. . . . 

[Instructions are given for the complete repair of S' Giles steeple.^ The 
dean of gUd is to prepare materials during the whiter so that the masons may 
begin the work in sprmg.] 

1 Others shared his opinion of Chancellor Campbell. See Balfour, iii., pp. 393-5, where he 
describes how that nobleman changed sides, from the losing to the winning. See Appendix iv. 
^ See p. 179 supra. 



OF THE BURGH OF EDINBURGH 181 

22nd November 1648. 

[The 12" load of the best wheat bread is to weigh 8 ounces ; the 12'^ loaf of 
second or sour l)read to weigh 10 ounces ; the 12'' loaf of masloch bread to weigh 
13 ounces 4 drops. 

Price of best ale 18'' the pint ; second sort, 12'' the jjint ; best strong beer 
20" the pint ; small beer 10'' the pint.] 

Taking to thair consideratioun the articles given in to them be the great Restrayning of 

IjoRCQris 6tc. 

Sessioun of the kii-kis of this bnigh daittit the foiu-t of October last anent 
the restraining of excessive banquettis at the baptizing of children on the 
Lordis day anent the closing of wyne and aill sellaris that day anent the 
restraining of vaiging persons who have past the danger of the pest abroad 
cheiflie on the Lordis day towarchs the fowl lodges anent the restraining of 
strangeris and sturdie beggaris anent the keiping of the portis on the 
Sabboth day anent the refuisers to pay the monethhe contributioun ^ and 
anent the payment of precentors And lykwayis considermg there awin 
answers maid thairto upon the tlu-ettin of the said moneth of October 
togidder with the great Sessioun there heartie thankis rendered to the 
CounseU thairupoun daittit the first of November instant all eonteined in 
a paper a pairt Thairfoir ordaines proclamatioun to pas tlu-ow this brugh 
for inliibiteing all such disordoiu- and restrameing aU such vyse according 
to the pennaU statutes of this brugh. . . . 

2Uh November 1648. 

[A particular convention of Burghs is to be summoned for 4"" January to 
meet during the sitting of ParUament.] ^ 

ah December 1648. 

Ordaines proclamatioun to pas tlirow this brugh Leith brugh of the [Proclamation 
Cannogait and pendicles commanding that no merchand vintner or any wine.] 
uther persone quliatsumever who brings up thair wynes to this brugh or 
brugh of the Cannogait or that is tollerat to be sould in the Potterraw and 
West port that nane of thame presmne or take ujioun hand to bring any 
of their wynes to the saids plaices in at any port or plaice of the samen 
bott at the fute of Leith Wynd and Netherbow port to the effect the 
samen wynes may be presentit to the chalmer ajipoyntit at the Netherbow 
for uptaking the accompt thairof in their roll bulks and that under con- 
fiscatioun of thair wynes i:)unishment of the sledderis be confiscatioun of 
thair horsis and sleddis and farder punishment of thau- persones. . . . 

1 For the poor of the town. 

'^ See A.P.S. vi. (2), p. 124. Parliament met on 4th January. The Convention records 
for this are missing, but begin again with the General Convention in July 1649. 

M 2 



182 EXTRACTS FROM THE RECORDS 

6th December 1648. 
impositioun for Oidaines the constables of this brush to exact twelf penneis or twa 

keipmg the i -it 

streites cieane. schillings at luost monetlilie from everie considerable housholder within the 
same to be imjjloyed be them in the best maner of way they can devyse 
for carieing away the mucke and keiping the streitt and vermeils of this 
brugh clean . . . under the paine of twentie pounds to be imposed upoun 
everie constable . . . if he be fund negligent in Ms dewtie afoirsaid And 
to the effect the foirsaids constables may be the better answeired of the 
foirsaid exactioun for the use fou'said ordaines the officeris and souldieris 
of this brugh to concm-re and assist the saids constables in the prosecutioun 
of thair dewtie afoirsaid. 

8th December 1648. 

[The Councdl and extraordinary deacons being convened, the accounts of the 
extent for 1647-8 show a charge of 68,076" 13^ and a discharge of 76,105" 6^ 11", 
so that the balance due by the Town is 7,728" 13** 11''. The accounts of the fines 
show a charge of 2,066" 19^ 4'' and a discharge of 2,077" P 10''. So that, in all 
the Town is due, 7,738" 15^ 2'' which is to be repaid out of the first of the 
maintenance.] 

Staines for Appoyntis the dean of gild at the sight of the deaken of maissouns to 

the'^tatstepie. imploy als many of the staines lyand at the Idrk of the Castlehill as will 

serve to compleit the reparatioun of the great steiple of S' JeiUes kirk and 

to provyd als many in their stead for the use of the said kirk at the Castlehill 

when tyme requyres. . . . ^ 

15th December 1648. 

[Five persons are appointed inspectors of the markets. Instructions are 
issued to them and proclamation is made of the statute anent measuring of victuaU 
in the meal market.] 

22nd December 1648. 

[M"' Robert Douglas, mmister of the north-west parisli is transferred to the 
north parish m place of the late M^ George Gillespie. He is to choose his own 
colleague.] 

25th December 1648. 

streittes to be [The Council renew former acts as to the cleaning of the streets] and gives 

eip ceane. ^^^^ libortie and hcence to any persone quhatsumever in bm-gh or land to 
carie away the haill mucke and middings lyand upoun the hie streitts and 
withm the closses of the samen brugh that is offensive to the nighbours 
thairof or strangeris resortmg thairto . . . and ordaines the Constables 
to sie the samen done within their awin bounds and to be assistant thairin 
under the paine of ane unlaw of twentie pundis money to be exacted 

' See p. 180 supra. 



OF THE BURGH OF EDINBURGH 183 

nionethlie of the saids Constables incaice of faillie but favour And this act 
to be printed and pubhshed for that effect. 

Appoyntis the haill Captaines of this brugh to meitt among themselffis J^rfSg^the"^ 
and choos a Moderatour and that ane of thair number attend the watche ^^flfj^^/^'^ 
niglitlie to veiw the same and that ane of than- companies attend dayUe 
and be in armes dureing tlie sessioun of the Parhament for guairding the 
Toun in the day tyme with sufficient fixt musketts powder and ball. . . . 

21th December 1648. 

[Gilbert M'=clellan is elected deacon of the skinners in place of Robert Mackean. 

The Provost, four baillies, dean of gild, treasurer and gild council are to 
meet in the afternoon and admit as gratis burgesses and gUdbrethren twenty-nine 
persons, among whom Sir Archibald Johnstoun,^ James Hamilton of Dalyell, 
Sir Alexander Belsches of Tofts and Sii- Hew Hamiltoun of Cesnok ; also one 
gildbrother and sixteen burgesses. A dessert is to be given to the gentlemen.] 

2%th December 1648. 

[Statute against defiling the burial yard at Grayfriars. 

The Provost and James Borthuik are appointed commissioners to the ensuing 
Parhament with James Rucheid and George Cleghorne as assessors and to sit 
in their absence.^ 

The Provost, baillies, dean of gUd and four others are to agree with some 
merchant to bring home copper to roof the church at the Tron and to give their 
own bonds for repayment. The money is to be procured from the merk per tun.' 

The whole companies of the Town are to be prepared to mount guard during 
the sitting of Parliament. 

The subscription for guard money amounts to 947" 4" monthly and the pay 
of the guard to 900''. The Major of the Guard is authorised to collect this.] 

\st January 1649. 

[Certain of the Council, ministers and members of the College, assembled 
there, elect M"' Robert Douglas to be rector for the year to come. His assessors 
are elected at the same time, seven of the Council, three ministers, the prmcipal, 
the professor of mathematics and the College treasurer.] 

• Instructions had been given already to admit Johnston (p. Hi supra). It seems probable, 
though, that this second entry marks the acbnission as " council " or honorary freeman. 
For, from about this time, the records differentiate between freemen admitted by the Council 
and those by the dean of gild, even though the former always were gratis and the latter not 
invariably so. 

2 Balfour (vol. iii., p. 373) notes : " that this day (4th Jan.) Sr James Steuart, Prouest 
of Edinburghe, with his Deane of Gilde, Bailyies and Thesaurer, sat at a table covered with 
greane clothe, in the parliament housse, vithin the inner bar, in grandeure." 

' See p. 54 supra, where the copper roof first was proposed. 



184 EXTRACTS FROM THE RECORDS 

2>rd January 1649. 
[Committee, [The Committee appointed thereto have agreed with James Tailfeir, merchant, 

roof of chuicn 

at Tron.] that he] sail bring home to the harborie of Leith and up to the weighows of 

this brugh the quantitie of eleven thowsand pound weight or thairby of 
platte Hungaria copper and copper naiUs the plaitt thairof to be of such 
tliicknes as ordinarlie the kirks of Hambiu-gh are theildt with these thrie 
or four yeires bygane . . . and gives commissioun to the said James to 
bring home a man for theiking thairof.^ [They agree to jjay to him 15^ 6'' for 
every pound weight, of which 1,000" in hand, 3,000" one month after the dehvery 
of the copper and any balance within eight months thereafter. 

[The accounts of the kirk treasurer for the years 1641-5 are given. He has 
received for the seat rents in the East Kirk 1,664", 13« 4''.] 

l.\rm3 for Ordaincs the dean of gild to delvver to Mai or Weir fourtie sixt muskettis 

Town guard.] ^ '' ■■ i i . 

and tlirettie halbertis for the use of the Toun guaird . . . and ordames 
the thesaurer to furneis cullours powder ball and matche. . . . 

\2lh January 1649. 

Agriement . . . Agrics with Jolme Mihie master massoun for repaireing of the Catchpell 
the Katci'peii of Leith in maissone wark in maner underwi'ittin viz. For bigging a pair of 
guid lairge staires of stone at everie end of the said Catchpell without 
and tlies may be such as may aryse in that way with large platts to serve 
the second and thi'id stories thairof and thes to be done in such a guid 
way as that they have passages under them to pas in to the back yaird at 
both endis and that to be done with arches and walls and long stones that 
it may support the staires and admitt the passages. . . . Item to worke 
foiu- guid lairge dooris for the twa stories of the same hows that is to say 
at everie end twa at thair severall platts of the great staires. . . . Item in 
the second storie of windowes eight four on everie syde of hight and wydnes 
such as is allreddie done in the lower hows. . . . Item in the thrid storie 
to worke njaie storme windowis that is to say fyve in the on syde and four 
on the uther syde all of them rysing of hewn stone above the roofif as the 
plaice doeth requyre. . . . Item the highting of the twa mid walls ten fute 
higher thane formerlie they sould have bein Item ane great doore in the 
foirsyde wall six fute wyd stormed with stone worke maid with ane piUie 
or block or some such thing Item the second storie of jeastholles to be maid 
in all sydes all alonges and maid good againe . . . for the soume of sexteine 
hundreth and fyftie merkis money to be payit as the warke is wroght. . . . 
[The water baiUie of Leith is to provide materials.] ^ 

Agries with John IMilne ... to repair the ruined ^vrake place of the 

» See note 3, p. 183. 

* See p. 174 supra. Apparently the objections of the merchants had been overruled. 



OF THE BURGH OF EDINBURGH 185 

shoir at Leith that is asains the custome hows To take doun the same to Agriement . . . 

~ anent the 

the ground fourtie fute in lenth and sextein fute in breadth all along the schoir of Leith. 

greatest pairt quhairof is to be aisler warke maid of great lairge stones 

and the rest repaired and laid againe cairfuUie being weill filled and bakit 

with guid stone and lyme and the upmost course of lairge stones bolted 

with yroun boltis and leid and all along laid with pavement as tlie rest is 

the hewing laying and dountaking redding and attending the same lait 

and airhe as the watter and tydes can permitt for the soume of nyne hundreth 

merkis money And ordaines the watter baiUie of Leith to pay the same as 

the warke is wroght. . . . 

[Agreement with John Scott, master wright for the woodwork of the Catchpell 
at Leith.] 

2'tth January 1649. 

[The Council and extraordinary deacons order payment to be made to 
Lieutenant Colonel Affleck of 1,200 merks for his service to the Town.] 

Appoyntis the baillies James Rucheid and David Wilkie with David invitatioun of 

■*■ -^ ' the com- 

Kennedie and Miohaell Gibsone of the counsell to invite the haill com- nussioneria of 

burrows to a 

missioneris of burrows conveined in this jiresent Parliament and to give four houris. 
them thair fowr houris on Fryday nixt in the eftirnoone to the effect they 
may be spokin anent the Touns affaires now presentUe passing in Parliament 
and ordaines the thesaurer to provyd a sufficient deseart.^ 

Forsamekle as the timbermen and shiiiwTightis of Leith doeth incroache Dischairge to 

, , 111 break ground 

upoun the Touns Uberties there and breaks ground within the sea marke within the sea 

1 /• 1 1 1 1 ^^'^ ^^ Leith. 

at their awin hand and cast docks for shipps barkes boattes and uther 
vessells within the said harborie and refuis to pay the ordinarie dewes of 
docksilver to their customeris . . . thairfoir dischairges the said timbermen 
and shipwrights of Leith or any persone Cjuhatsumever ... to presume 
or take ujDoun hand to break any ground or cast any dockes for any vessell 
quhatsumever . . . without speciall leive of the Counsell. . . . 
[A committee is appointed for Paul's Work.] 

26th January 1649. 

Ordaines the dean of gild to convein befoir him and his counsel! the [Postmasters,] 
haill stableris of this brugh and to choos out postmasteris ane or raae and 
give them then- instructiouns and swear them thairto. 

Consentis to the agriement maid . . . anent the repairing of the watter [Society miii i 
milne of the Societie in the haill staires about the wallis making of a new 
cisterne of aik mending of the great quheill making of a plaittforme and 

1 See Records Convention Royal Burghs, iii. p. 331, where a brief allusion is made to this 

convention. 



186 EXTRACTS FROM THE RECORDS 

doe all iitlier tilings neiclfull thairto in \\Tight warke for the sowme of four 
himdreth merkis. . . . 

[The Committee of Estates having granted an imposition on every tenement 
in the Town, possessors and inhabitants without exception for an annuity upon 
house rents to make up the sum of 19,000 merks yearly for the maintenance of 
six ministers, to be collected bj' the kirk treasurer and deacons and debursed 
by them without burdening the Common Good, the Council therefore offer to 
augment the stipends of the other six mmisters to an equahty with those muiisters 
paid from the annuity.] ^ 

2nd February 1649. 
Unlaw Forsamekle as ... it is statiit and ordained that no persone sett 

Cunynghame ,.,.,,.. . ^ . . . 

and Porteous. tJiair housis Or landis m tynie comemg to any unrrie persones straingeris 
vagabounds or masteries people under the paines thairin conteined and 
sieing Barnard Cun\Tighame and James Porteous merchands hes contraveind 
the said act by setting of thair housis to Jo"^ Clerk and Jo" Ros twa infamous 
scandoulus persones Thatrfoir unlawis the said Barnard CunjTighame and 
James Porteous in the soume of twentie pundis and ordaines them to 
remove the saids tennentis presentHe furth of thair housis and ordaines 
officeris to assist them thairin if neid beis. . . . 

1th February 1649. 

Taking to consideratioun the present conditioun of M^ WilUara Colvin 
ane of their ministeris quho is suspendit from the chairge of the ministrie 
for a tyme hes given and grauntitt to him the soume of ane thowsand 
merkis to be payit to him presentlie and the soume of ane uther thowsand 
merkis to be payit witliin tlirie monethis heirefter. . . . ^ 

[The nomination of M'' James Durhame, minister at Glasgow, to be one of the 
Town ministers is to be intimated to the six sessions for their approval and 
consent.^ 

Afternoon : The ministers and kirk sessions appeared ajid signified their 
approval.] 

9fh February 1649. 

. . . Ordaines the dean of gild and his counsell to make searche and 
tryell for all the great weights above twa staine weight within this brugh 

* Between this entry and the nest, and on 30th Januarj' 1649, Charles I had been 
beheaded at Wliitehall. Charles II was proclaimed at the Market Cross on 5th February 
(Balfour, iii., p. 387). But it was not usual for the Council records to note such events except 
incidentally. 

' See Balfour, iii., p. 419, where it is stated that Colvin was deposed for maintaining that 
the Engagers' invasion of England for release of Charles I was lawful. See also p. 160 supra 
and notes. 

' This nomination did not take effect. In May 1649 Durham was appointed professor of 
divinity in Glasgow in place of Mr David Dickson. 



OF THE BURGH OF EDINBURGH 187 

and liberties foirsaid and to take the saids weights fra quhatsumever persona 
or persones that sail happen to have the same. . . . 

Ordaines James Alisone and TJiomas Leishman to liave a speaoiall [Repair of 

Grayfriars.] 

caire of the rejjaratioun of tlie Grayfreir Kirk according to the jiresent 
neoessitie thairof Avitli all possible dihgence. . . . ^ 

Uth February 1649. 
Agries with Johne Scott maister wxight to repan the eist kirk callit AcgrienKnt for 

^ o -I repairing tlic 

the north paroche kirk of this brugh . . . inprimis to lowse and hft the Eist kirk. 
jjulpit out of its plaice and sett it up befoir the pillar now betwix the Kings 
seatt and the counsell loft and there to fix it with seattis for the ministerie 
and the reader ana pairt for baptisme and marriage and ane uther pairt 
for the elderis and deakens Item thaireftir to lift all the seattis that are 
presenthe upoun the south and set them upoun the north and to hft the 
seattis presentlie on the north and sett them on the south and to fix and 
fitt them with easie and convenient entries and best sight and view of the 
ministers on both sydis Tlu-idhe to fm-nishe and make up all necessar 
wainscott warke that sail hajapin to be brokin or neidfull to be helpit or 
addit to tlie present seattis and to furneis daills both for the flooring againe 
of them and making up of the seattis bunkeris with the beareris and standarts 
that sail hajDpin to be brokin and for fm'nishing naills of all sortis and 
warkmanship Fom-the to tak doun the counsell loft all alongs quhair it 
standis and the Kings seatt and my Lord Angus loft and set them up on 
the north syde and that they be maid and addit to fill both the arches ane 
on the west of the piller ojiposit to the pulpit and the other on the eist syd 
and foir pairt to be maid up of wainscott warke conforme to that quliilk is 
allredie wroght and to furneis wainscott treis daills naills of all sort neidfull 
and scaffolds with ane passage to serve both loftis And the Kings seatt to 
be maid betwix both loftis with fyne carved warke The haill foirsaid 
particullaris to be wroght and furneist be the said Johne Scott for the 
sownie of eleven hundreth punds money Mair ane great loft on the east 
the lenth of it to be lairge betwix the twa pillares and clos bak to the great 
window with the foir face of it to be weiU wroght of wainscott with wainscott 
pillar tinder it conforme to the warke of the rest of the loftis with ane stair 
to it and ane course of range pillares behinde the twa first seattis and 
furnishing timber naillas and warkmanshipp to it for the soume of nyne 
hundreth merkis Mair at the west great loft to be tane doun and broght 
forward to the twa pillares neirest the pulpit and to goe no farder bak nor 
the bak pairt of the westraost pillar and to be as laiche as the laiche seattis 
will suffer becaus of the loft above it Quhich loft above that is to be maid 

' See pp. 57, 93, 99 supra. 



188 



EXTRACTS FROM THE RECORDS 



[Collection of 
merk per pack,; 



tContrlbution 
for Lords of 
Session.] 



of that same volume that the nether loftis both in lenth and breidth and 
the height thairof to be so that the people in the westmost loft may have 
ane over uther the sicht and view of the ministeris and lykwayis the seattis 
and fnrmeis in the highest loft to ascend so that the bak paixt may sie over 
the foir pairt the minister and for furnishing of wainscott treis and daiUs 
and scaffolding and warkmansliipp for the soume of ane thowsand merkis 
And the said Johne Scott to enter to the said warke on Monday come eight 
dayes and ordaines the thesaurer to pay the foirsaid soume according as 
the warke is wroght. . . . 

I6th February 1649. 

Ordaines the coUectom* upoun the merk of the packe to resave the said 
merke precisehe at the laying doun of ilk packe quhilk if lie neglect to doe 
the samen sail be upoun his awin hazard and nawayis sail be acceptit af 
his hands nor allowed to him in the dischairge of his accompt. 

Ordaines tlie thesaurer of the kirk rents to compt with M"" Robert 
Hodge collectour for the LorcUs of Sessioun and to pay to him . . . the 
bygane dewtie of the yeirlie contributioun dew to the saids Lordis of 
Sessioun furth of the Bishoprik of Orkney. . . . ^ 



Peter Janson 
burges. 



21st February 1649. 

[The accounts of the collector of the rents of the bishopric of Orkney for the 
years 1641 to 1646 are examined and found correct. 

The accounts of the kirk treasurer for 1645-6 show a charge of 10,002" 15^ 10'' 
and a discharge of 10,262" 11" 10''. The following kirk treasurer is to repay him 
the balance of 259" 2^. 

The account of the ballast boats at Leith 1646 shows a charge of 6,133" 6^ S"" 
and a discharge of 6,133" 6' 8". 

The accounts of the collector of the merk per tun for 1647 to 1648 show a 
charge of 7,582 merks and a discharge of 7,584 merks 6^. The balance due to 
the collector is 2 merks 6^.] 

23rd: February 1649. 

Ordanis the dean of gild and his counsell to admitt and resave Peter 
Jansoun beUfounder to be burges of this brugh for payment of the ordinar 
dewties usit and wont and to repay to him agane and to dispens with his 
armes and uthh dewes dew to be payit be him at liis admissioun pro vy ding 



' The charter of Charles I to the Council {Extracts 1626-41, Appendix xix) makes no 
mention of this contribution. Professor Hannay (The College of Justice, p. 66), writing of 
the tax on clergy for support of the College of Justice, states that the King reduced the 
contribution to bo a burden on certain assigned benefices, but not till they became vacant. 
It is either this or the debt contracted over the Engagement which was to prove so troublesome 
during tlie Cromwellian occupation, but more probably the former. See p. 130 supra. 



OF THE BURGH OF EDINBURGH 189 

the craft admitt him friemaii gratis and that he imploy liis paines in casting 
a bell to the Toun quhen lie sail be reqiiyi'it thairto. . . . 

Ordaines proclamatioun to pas throw this brugh be towk of drum to Prociamatioun 
acquaint the nighboiu-s of this brugh that the Provest baillies and counseU s Pauies 
. . . taking mto their serious consideratioun the present conditioun of 
that manufactorie at the fute of Leith Wynd callit St Pauls Warke how 
profitable the sanien might be to the nighbours therof if it were weill 
managed lies thoght fitt and expedient to set the same in take and asseda- 
tioun to the nighbours . . . for such tyme and upoun such conditiounes 
as the counseU and they can best agrie and to wairne nighbours who intendis 
to take the said warke to compeir within the counseU hows on Weddinsday 
nixt or any uther day to the effect their offers may be heard and the taks 
drawen up conforme to their agriement. 

28th February 1649. 

Appoyntis the baiUies ... to meitt ilk Twesday and Thursday at ^°^^/°^f 
twa hours in the eftirnoone within the laiehe counselDious . . . and cans wgaae stentia. 
wairne the nighbours ... to the saidis dyottis and take some short course 
with them for paying of theii" bygane stentis. 

5</i March 1649. 

[Tlie College Council, including ministers and professors being met in the Dyottuof 
Town's College] renewes the act maid the twentie seven of December i™ vi^ counseii of the 
fourtie seven anent the dyottis of the meitting of the Counseii of the Colledge 
to be on ilk first Moonday of the moneth at twa hours in the eftirnoone 
and the CoimseU to be wairned in the morning of that day to that effect. 

Admittis and resaves Johne Denhame baiUie to be ane of the counseii Admissioun of 

Denholme. 

of the Colledge and assessor thairto for the Toun counseii. . . . 

Appoyntis the baillie David Wilkie and M"" James Hamiltoun and the jg,;^^^^^^'!^ 
thesaurer George JolUe to speik my lord Craighall ^ for payment of liis 
fatheris legacie quliilk he left to the Colledge and a letter to be writtin to 
the executors of umquhile William Rig for pajonent of the defunctis legacie ^ 
and sicklyk appoyntis the lord Provest the Rector and the baillie Janres 
Rucheid to speak with the reUct of umqidiile David Jonken for liir umquhile 
husbands legacie left to the Colledge ^ and the Rector M^ Johne Smyth 
and the bailhe Joline Denhame to speak the executors of umquliile [ ] 

' Sir John Hope of CraighaU, second son of Sir Thomas Hope, Lord Advocate. {See 
Brunton and Haig, Senators of the College of Justice, pp. 289-90.) For account of the legacy 
of Sir Thomas, see Extracts, 1626-41, p. 225. 

^ See pp. 13.5, 136 supra. 

' Apparently not noted previously in the Records. 



190 EXTRACTS FROM THE RECORDS 

for tlie defunctis legaeie left to the Colledge and to reijort theii' diligence 

thairanent at the nixt meitting of the Colledge. 
visitatioun of Appoyntis the baillie James Rucheid and the thesaurer of the Colledge 

to visite tiie plaice of the old laternes and to consider what use to make 

of that plaice and to report. 
Auditoris AppojTitis David Aikinheid collector of the rentis of the Colledge to 

give in his accomptis to the auditors appoyntit ... on Saturday nixt 

and the executores of umquhile James Barnes to give in their accompts 

... on Saturday thereftir. 
Benefactoris Apoyntis the tliesaurer of the Colledge to get a note of the Colledge 

■ rentis and mortificatiounes dotted to the Colledge for the use therof that 

the benefactories may be em'old and keipit in perpetuaU memorie for good 

example to posteritie. 
Bookes gifted Compeird Sir James Stewart lord Provest and giftit to the Colledge 

... ... and use therof ten great tomes of the Bible in divers languages printed 

at Parise quhilk the Counsell of the Colledge acceptit with great thank- 

fuUnes. . . . 

1th March 1649. 

[Sir WiUiam Dick, old Provost, resigned his tack of the Society, the resigna- 
tion to take effect at Michaelmas next.] 

James Barnes Forsamekle as umQuliile James Barnes be his latter will and testament 

legacies to be ^ 

soghtin. daittit the elevent of December i™ vi"^ fourtie seven yearis did leive in 

legaeie to the said toun of Edinburgh for building of ane new kie to the 
north end of the bridge of Leith the sounie of ane thowsand pundis money 
provyding that the rest of the heretors contribute for the warke and that 
the samen be compleit within twa yeires utherwayis his exeutors to be 
frie in payment of the said legaeie Item be the said testament he left in 
legaeie to the guid Towne for building of twa chalmeris in King James his 
colledge four thowsand merkis Item he left to the guid Towne the sowme of 
fyve thowsand merkis to be imployed upoun yairds within the said Colledge 
walls. [The Town treasurer is to seek payment of these sums from the executors 
and to employ them as above-written. ' 

The two executors pass from the time condition in the legacy for the bridge 
of Leith. 

Act as to the employing of M'' Robert Johnston's legacies for Heriot's Hospital.] 

8//t March 1649, afternoon. 

patronadges of Compeird the Lord provest and James Borthiiik commissioneris for the 

Edinburgh. Parliament and acquainted the Counsell that the Parliament were presentlie 

upoun the matter of the laicke patronadges quhilk the Parliament were 

' See above and preceding page. 



OF THE BURGH OF EDINBURGH 191 

inclyning to divolve in the handis of the generall assembhe and desjTeing 
quhat sould be their cariages therin quher it came to tJiair voice it being 
a matter so much concerning the priviledges of this brugh they tooke the 
same to their serious consideratioun and heh'by gives way to their com- 
missioneris to doe their best for the priviledge of the brugh Bot if it be a 
thing that the haill Parhament resolves to doe or greatest pairt therof that 
they sould not seim singidar but goe alongs with the Parliament even in 
that particular if they cannot doe utherwayis.^ 

lUh March 1649. 

Ordaines the thesam-er Johne Hilstoun to be chairged with the particullar xounes pubiict 
guids and geir underwrittin pertening to the guid Towne resaved be him ^"' 
fra Thomas Leishman lait thesaurer Imjarimis with twa silver stowpis in 
caisses Item ane great goblet with a cover in a cais - Mair twa silver kies 
on ane silver chanye Mair ane blak velvit fute mantle with ane blak silk 
frenyie Mair ane uther blak velvit fute mantle with gold lace and silli 
frenyie theron Mair twa sumptuar blak and quhyt cloathis Mail' ane reid 
velvit cushin Mair twa alakeyis coattis of blak velvitt and silver lace 
theron Mair twa sadles and brydells and all furnitoiu- therto except girths 
Mail- tlu-ie banneris for trumpeters witli the Touns armes on them Mair 
ane great old ensigne in forme of ane pinsell Man- thrie old riven ensignes 
Mau- ane gold frenyie in a paper weyand threttin ounce and twelf drop 
wecht. . . . 

Ordaines the thesaurer ... to provyd a dinner to soe many of the 
burrowes ^ as the lord Provest sail be pleasd to call therto tomorrow at 
twelf a clock. . . . 

Forsamekle as the Provest baillies and counsell of this brugh being verie Act in favouris 
sensible of many guid offices done to them be Su- Adam Heiiburne of Humbie Hepburne 
ane of the Senatours of the CoUedse of Justice and in particuUar in purchasing hous mthout 

the Societie 

to them the superioritie of the Potterraw and West port doeth heirby give port. 

' Tliis proposal obviously followed on the demand of the Commission of Assembly, dated 
30th January, that Parliament should take steps to abolish patronage, " an old greivance of 
this Nationall Kirk." On 9th March the Estates abolished patronage " whether belonging to 
the King or to any lait- patron, presbyteries or others " (Records oj the Comminsion, ii., p. 185, 
and A.P.S. vi., p. 261). This, along with other legislation of the time, was revoked by the 
first Parliament of Charles II. Balfour (vol. iii.) criticises the action of the Estates severely, 
remarking also, that Argyle, the Lord Chancellor and Warriston " durst doe no uther wayes, 
lest the leaders of the church should desert them and leave them to stand one ther auen feeitt, 
wich without the church non of them could weill doe." 

- The silver stoups must have been those presented by the Bishop of Lincoln in 1618 
(Extracts, 1604-26, p. ISl). The covered cup must be the bowl presented by the widow of 
Richard Pearson, draper in London in 16l'S (Extracts, 1626-41, p. 43). See Extracts, 1626-41, 
p. 53, for a previous list of the Town's gear. 

' Probably the commissioners of burghs attending Parliament. 



192 EXTRACTS FROM THE RECORDS 

and graunt to the said Sir Adam and his familie that seat in the Grayfreir 
kirk right befoir the second pUlar on the east end and north side of the 
said Idrk . . . and sicklyk apjjoyntis the baiUies of tliis brugh present 
and to come to have a special! cair that the said Sir Adam and his famihe 
have frie passage in and out at the Societie port to and fra this brugh to 
his hous in Bristo at all lawfuU tymes of day and night And that the saids 
porteris present and to come be commandit to doe the same that the said 
Sir Adam and his famihe have no just cause to complean And farder 
dischairges the liaiU nighbom's of this brugh or anj' of the countrey j^eople 
who comes in to this brugh for mucke in any pairt at the bak of the Toun 
wall betwix the Societie port and the back of Heriotts Hosi^itall forganis 
the said Sir Adam his hous im-espect the samen is verie unpleasant and 
maks a filthie passage and be tyme will rott the groimd of the waU and if 
any sail failjae therin that it be lesome to the constables of this brugh 
and Potterraw (the owueris being first requyrit) to remove the same Or 
that the said Sir Adam or any uthers in liis name sail stope hinder and cans 
remove the same to quliat use they best pleis to the effect the passage may 
be frie the streit keipit clean and the Toim wall preserved from rotting as 
said is. . . . 

2lst March 1649. 

[Commissioners are sent to Glasgow for the transportation of M' James 
Durhame.] ^ 

Gratuitie to the Refsris to the baillies to gratifie my lord Register and Sir WiUiam Scott 
ter'^an'd si?^" and his servaudis for their paines taken in Parhament in the Toims affaires 
*™ '^° ' passing and extracting of actis of Parhament in the Touns favours. [Sir 
WUliam is to be admitted biu-gess and gUdbrother gratis.] 

Forsamekle as be ordour of the Committee of Parhament the counsell 
are commandit to put the Toun in amies and to have a strong guaird at 
the executioun of the Marques of Hunthe quho is to be execute at the 
Mercatt crosse of this brugh the morne eftirnoone Thairfoir ordaines a 
proclamatioun to i^as throw this Brugli be towk of drum to command 
and chairge that the haill nighbours and inliabitantis within this brugh 
be in reddmes the morne at eleven hours in the fou-noone with muskit 
powder ball and matche and uther auinoiu- to attend their severall captaines 
and commanderis and to obey such ordoiirs as saU be enjoyned unto them 
under the paine of twentie punds xmforgiven.^ 

' See p. 186 supra and note. 

- See Balfour, iii., p. 393, who notes that the Marquis refused to be relaxed from the 
Church's sentence of excommunication. Sentence was pronounced on 16th March by the 
Parliament [A.P.S. vi. (2), p. 327). As the Treasurer's Accounts for this year are missing, 
there are no details recorded of the manner of the execution. 



OF THE BURGH OF EDINBURGH 193 

[A committee is appointed to receive tlie two new ministers, M"' Robert Traill 
and M'' George Hutcliisone. A dinner is to be given in their honour and they 
are to be admitted burgesses and gildbrethren gratis.] 

23rd March 1649. 

[The accounts of Robert Fleyming, kirk treasurer, show a charge of 
18,437" 15^ 3" and a discharge of 18,437" 15^ 3".] 

Resaves Edwaird Dune skipper indwellar in Leith to be pillott there for Admissioun 
inbringing and furthcarieing of strangeris shipjjs and vessells or uthers atLefth.' ° 
quho will imj^loy liim to and fra the port and harborie of Leith. . . . 

[The accounts of David Aikinheid, collector of kirk rents show a charge of 
8,529" 6** 9'' and a discharge of 7,368" 3^ 7''. His accounts as collector of the 
rents of the bishopric of Edinburgh show a charge of 6,629" 2^ T' and a discharge 
of 5,837" 4^ 1".] 

■26th March 1649. 

[The sum of 3000" paid to the Marquis of Hamilton in 1613 for his great 
lodging in the College, with the interest, is to be taken from the College rents.] ^ 

28th March 1649. 

[The Provost presented in Council certain acts and bonds granted by the 
Estates in favour of the Town, among which the ratification of the imposition 
on house rents for the ministers' stipends,^ dated 2"'^ March 1649, and the 
ratification of the small excise on wine and tobacco, dated 8"" March 1649.] ^ 

Forsamekle as Sir James Stewart pre.sent Provest . . . taking to his [Approbation 

of the 

considerationn the heavie biirdeins and great debts lyand upomi the Provost's 

commoun gnid of this brugh occasioned sen the trubles began . . . Therfoir Town affairs.) 

did resolve with himself to sute from the honorable Committee of Estaites 

some new impositioun upoun wynes and tobacco as sould be imported 

and vented within the said brugh and liberties tlierof And in prosecutioun 

of his resolutioiin did give in a bill to the said honorable Committee desjreing 

eight penneis to be imposed upoun ilk pynt of Frenshe wyne and sextein 

penneis upoun ilk pynt of seek and uther strong wynes and liquours imported 

and ventit within the said brugh and liberties foirsaid with ane grott upoun 

ilk pund of tobacco sold and ventit within the saids bounds The quhilk 

bill the said Sir James be his awin credite vigilancie and cairfullnes for the 

guid of the said towne did obtene to be grauntit in maner fonsaid with 

ane recommendatioun from the said honorable Committee to the E.staites 

• See Extracts, 1604-26, pp. 82, 83, 84, 96, 98, 104, for the story of that transaction. 

- See A.P.S.. vi. (2), pp. 225-6. This act authorised the levy to be made without exception, 
thus including tlie College of Justice and all residents, whether bui-gesses or not. It provided 
for the representation of the College of Justice on the committee for valuation. 

' See Ibid., pp. 241-3. This sanctioned the collection of the excise iii the burgh and its 
liberties and in all lands and territories belonging to or held of the burgh in North and South 
Leith, St Cuthbert's and Canongate. 

N 



194 EXTRACTS FROM THE RECORDS 

of Parliament then ensueing that by thek authoritie the same might be 
ratified . . . and hes accordinghe obteand the same ratified and past in 
this lait Parhament And the counsell farder considering that tlie comptes 
quhiLk the pubhct is awand to them for the moneyes debnrsit be them 
at the siedge of the Castle and imployed upoun the fortificatioiin of Leith 
with the chairges . . . debiu'sit upoun their regiment quliilk wes put 
out in September last with the annuelrentis thairof . . . with some 
particullar debt awand be the pubhct to particullar persones of this brugh 
quho have beine verie instrumental! in tliis bussines . . . and also the 
debts dew be the pubhct to the Colledge of tliis brugh and Heriotts Hospitall 
are all allowed be the auditours appoynted be the Committee of Estaites 
. . . and thaireftir approven and ratified by the Parhament and the 
Parhamentis band obteind for payment therof and of the amiuehent therof 
ay and quhill the same be payit ^ All quhihiis actis approbatiouns ratifica- 
tiouns statutes and bandis of Committee and Parliament the said lord 
Provest be his awin moyen paines and Industrie with a great deall of 
toyll trouble and cUficiiltie hes obteind . . . For wliicli the counsell aU 
unanimouslie gives unto his lordship hau'tie thanks for his cair and affectioun 
quhieli so eminentlie lie hes heirby kythed to the weilfare and standing of 
tliis brugh And the counseU considering that so great affaires could not be 
managed without great chairges gratificatiouns acknowledgment allowances 
and debursementis and that it were verie unfitt and unnecessar that the 
particullar way of these tilings soidd be maid knowen and manifest to everie 
persone thairfoir the liaill magistrattis and counsell . . . gives fuU power 
and commissioun to the said Sir James Stewaht Lord Provest [the baillies, 
dean of gild, treasurer and five otliers] or any tlirie of them to advyse . . . 
quhat gratificatiouns ... or any thing els utherwayis necessarie in thair 
discretioun sail be thoght fitt to be gevin the samen not exceiding fyve 
thowsand merkis. . . . 

[The foUowuig persons are to be admitted burgesses and gildbrethren : 
Edward Gillespie and David Mihie, James ClieisHe, servant of the Provost, 
Laurence Scott of Baveley, by right of his wife Margaret Boyd, daughter of 
Stevin Boyd, merchant burgess and gUdbrother, the first three gratis.] 

[Copper for Appoyiitis Tliomas HaUday brasier to goe over to Hamburgh ^ with 

Tron Ku-k.f James Tailfcir merchant and there to sie the theikmg of their kirks and 

to informe himself that he may be the moir able to theik the Trone Kirk 

with copper and to assist the said James Tailfeir to provyde the copper 

accorduig to the contract. . . . 

' The total sum for which bonds were granted by Parliament amounted to 180,467U 3s 1 Id, 
exclusive of interest. See A.P.S. vi. (2), pp. 364-6. 
' See p. 184 supra. 



OF THE BURGH OF EDINBURGH 195 

4:th April 1649. 

[M"" George Hutchiesone is appointed minister to the church of the north 
west parish vice M^ Robert Douglas transferred to the north parish ; M'^ Robert 
Traill to the church of the south west parish with M'' Mungo Law ; M^ Robert 
Lawrie is transferred from the church of the north parish to that of the south east 
parish.] ^ 

Ordaines the bailUes of Leith to lav on sodgers iipoun sucli of the Quartering of 

1 !• nT- \i7- sojours ... in 

nighbours there as refuisis to pay their stent and ordaines Major Weir to Lcitii. 
send doun twa ratt of men under the command of a serjand for that effect 
and that no sodger be laid on bot at the command of the saids baillies. . . . 

[The accounts of the dean of gild show a charge of 1,919" 16« 4'' and a dis- 
charge of 7,219" 16" 4<i. 

The accounts of the treasurer show a charge of 54,692" 3^ 6" and a discharge 
of 54,925" 14" 80.] 

6th April 1649. 

[The Council and extraordinary deacons] Ordaines the baillies to iraploy Reparatioun of 
the nighbours of this brugli to attend iipoun tlie reparatioun of the Croiin the steipie. 
of the steiple weiklie thrie nighbours of ane quarter . . . quliill the warke 
be endit. 

Forsamekle as the magistrattis of this brugh are dayle troubled witli Exacuoim of 
sindrie persones anent buyeing and selling of horses witliin the mercatt of uii iiorse sale. 
this brugh the buyeris comnionlie being deceived be stoUin horses and 
challenged for the same and usuaUie put to prove the lawfuU buying therof 
and many tymes losses both the hors and their money Thairfoir . . . 
ordaines that the customeris of the West port present and to come take up 
a perfytt roU of the haill hors sold in the mercatt or without the samen 
within the Touns bounds on everie mercatt day with the names of the 
selleris and buyeris tiiairof the pryce age and cuUours of the saids liorsses 
and to exact of the buyer for everie hors that is sold . . . four schillings 
money for bulking of the samen . . . and ordaines the saids customeris 
to give in these rollis to the commoun clerkis of this brugh weiklie to the 
effect the samen may be buikit in a commoun authentique register. . . . 

The BaiUies and wholl counsell . . . takeing to their serious considera- Approiiatioun 
tioun tlie faithfull carieage and behaviour of Sir James Stewart lord Provest Stewart and 

,,,, n 1 I- • !• ■■ • James Bortli- 

and James Borthiuk dealien oi the chirurgians their commissionens . . . wiiis services. 
in the lait Parliament . . . doe approve of their carriage in the whoU 
progres of the said Parliament ... as faithfuU and honest and much 
redounding to the weill of tlie brugh as may appear by the several! effectis 

' Their chvtrehes were as follows : N.W. parish. West St Giles ; N. parish. New Kirk, 
St Giles ; S.W. parish, Grayfriars ; S.E. parish Tron church, probably in use though the roof 
was only wood as yet. 



196 



EXTRACTS FROM THE RECORDS 



Fortiflcatioun 
of Leitli. 



[Kirk seats.] 



and resultis of their sutes and supplicatiouns with the actis bandis and 
ratificatioims of Parhament following thernpoun specifeit and conteind in 
twa severall actis of CounseU of the twentie eight of Marche last recordit 
as a testimonie of their foirsaid fidelitie and great deservings in all tyme 
comeing. 

[The College accounts for the years 1644-1646 are exammed and found 
correct.] 

Ordaines the bailKes to cans wairne a certane number of the nighbours 
in their severall quarteris to come to the counsel! on Moonday morning 
efth" sermon to the effect the CounseU may acquaint them with the desyre 
of the Committee of Estaites anent the fortifieing of Leith and borrowing 
of money therto.^ 

Forsamekle as the guid Towne is at great chairges and expensis in the 
repaireing of their kirks and bigging of seatis and sieing many of the 
nighbours are slacke in paying of the yeirlie dewties thairof and uthers 
quho possesses the best seattis pleadis exemptioun and inimunitie for 
paying of anj?^ dewtie quhairby the rentis of the seattis are much diminislied 
Quhairfok the counsell ordaines that the haill nighbom's within this brugh 
pay the yeirhe dewtie of their seattis without exceptioun of j^ersones and 
that nane be provydit to any seattis bot these that pay dewtie for the 
same except the lordis of Committee Privie Counsell and Sessioun allenerlie 
to whom pubhct seattis are provycht to their use. 



Fortiflcation 
of Leitli. 



9th April 1649. 

[The Council, extraordinary deacons and neighbours agree to the proposals 
of the Committee of Estates for the repair of the fortifications of Leith. that their 
servants and others be employed at tlie work and that the cost be taken from 
the excise of the burgh. The treasurer is ordered to borrow 20,000" for pay- 
ment of workmen, for which bond will be given] And the counsell with 
advyce of the nighbours thinks fitt that the helping of the saids warkis 
sail be in the handis of the guid Towne and that the Committee of 
Estaites be desyred to mak their declaratioun for that effect ^ and sicklyk 



' Parliament on 23rd February had appointed the eonimittee for inspecting the Castle, 
with the general officers, the Provost and others of Edinburgh to inspect the state of the 
fortifications at Leith, giving power to them to summon to give assistance in repairing them, 
the parishes and burghs within the sheriffdom of Edinburgh {A.P.S. vi. (2), p. 212). Authority 
also was given to impress cannon from the ships or any others belonging to the public. 

' The question of the governorship of the fortified town of Leitli had been raised in 
1626 when Charles I proposed the plan. The Council had asserted that, unless it lay in 
their hands, their rights in that town would be much prejudiced. It appears that the 
subject was much discussed and there is no evidence that the King granted their request. 
Indeed, from the tardiness shown in constructing the fortifications, it is probable that the 
point was never expressly settled. See Extracts, 1626-41, pp. xxxvi, xxxvii. Appendix i., 
p. 267, Appendix viii., pp. 299-307. 



OF THE BURGH OF EDINBURGH 197 

that the Committee be desyred to give ordour and warrand to the 
magistrattis ... to imploy the haill hors that comes in to the Toun with 
aill and beir for carieing do\in of stanes fra the siDiu-re of tlie Castle to the 
saids warlis upoun a reasonable pryce for the sled draught and hors laid 
and sicklyk to get ordour and warrand for breaking of ground casting of 
sods faill and devott in any commoun paii't within a mylne and ane half 
of the saids fortis for the use thairof. 

11th April 1649. 

[The constables are ordered to have the Town cleaned by next Sunday at 
latest. Any constable, whose bounds are not clean by that time, will be fined 
20". Their moderator is to intimate the order.] 

18th April 1649. 

[The Council and extraordmary deacons] Taking into then' consideratioim Mo middiugis 
how much the commoun wells of this brugh and the watter therof are nearwcius. 
filtliihe abused and imbittered with the stablers fuilyie lyand in mucke 
middings upoun the hie streitts neir the saids wells espeacialhe now in the 
sommer tyme and sicklyk considering how costhe the pompes of the saids 
wells are in making mending and uj^halding therof and how easihe they 
are brokin by stableris and utliers ch'awing watter continuallie therat in 
great aboundance to watter their horsis thairwith throw their awin sweirnes 
to ryd out to the loche the ordinarie place for wattering of then' horses 
[therefore proclamation is to be made forbidding the laying of middens on 
streets and the watering of horses from the wells and ordering that horses be 
watered at the Borrow Loch or other places near the town and that middens 
be removed to some remote place within 24 hours. 

[The baiUes are to assist Sir Wilham Dick in the collection of the excise on 
wine of which he has a tack from the Estates. 

Andrew Ker, Common Clerk of the Town is appointed clerk of the barony of 
Portsburgh and Robert Adamsone, his servant, appointed dejjute clerk. 

A committee is appointed] to make a clear separatioun of that qulrilks [Separation of 
belongis to the kirk thesaurer to debiu'se and quliat belongis to the Toun. . . . Tomi 

revenues.] 

16th April 1649. 

Afternoone, in the College. 

[Commissioners are appomted anent legacies not yet forthcoming. 

A committee is appointed] to speak with James Wright and Alexander [CoUege yards.] 
Dowglas for the yairdes appoyntit to be boght fra them for the use of the 
CoUedge.i 

' See p. 190, the legacy of James Barns for that purpose. 

n2 



198 



EXTRACTS FROM THE RECORDS 



[Land for 
College.] 



[A committee is appointed] to speak and daill with the pairties concerning 
the buying of the Laird of Lngtouns land for the use of the Colledge.^ 



[Chambers in 
CoUege.] 



[Perambulation 
Soiit}! Leith 
and Kestaliig.j 



Noe unfriemen 
to be 

chirurgianes or 
barberis witliin 
the Tounes 
liberties. 



I8th April 1649. 

[The following persons are to be received burgess and gildbrother : James, 
Earl of Hartfeill, Sir John Cheislie of Kerswell,^ John Wauchop of Niddrie and 
James Grahame, servant to Sir- John CheisHe. The following are to be received 
burgess : Alexander Cuniyng, servant to Su- John Cheishe, James Creichtoun, 
brother of Lord Dumfries, sheriii' of Teviotdale,^ M^ John Strudgeon, Thomas 
Jakson, servant to the Earl of Hartfeill, WUliam Blah', servant to Sir John 
Wauchop, John Young, servant to James Creichton and John M<^Capie.] 

Forsamekle as Ai'cliibald Sydserf nierchand lies biggit twa chabneris 
in tlie Colledge for the use thaii'of and lies delyvered the keyis to the counsell 
and thesaurer of tlie CoUedge Thairfoir ordaines that his freinds and 
acquainttance be preferrd to the possessioun of the saids chabneris befoir 
uthers for iiaynient of the yeirlie maill and duetie tliaii'of and such eas as 
uther biggers getts. 

[A committee is appointed] to attend the perambulatioun of the parocbin 
of South Leith anent tlie disjoyiiiiig of the toun of Restahig thairfra quhilk 
is to be on Moonday iiixt.* 

20th April 1649. 

Takeing to their consideratioun the prejudice that the friemen 
cliii'urgianes and barberis of tliis brugh susteins be the unfrie men surgeouns 
and barberis in the Cannogait Leith and uther suburbs and i^endicles of 
this brugh doetli heii'by requyre the baillies of the Cannogait Leith and 
uther suburbs ... to be assistante and concurre with the deaken of the 
cliii'urgianes and barberis of this brugh in taking ordoiu- with the unfriemen 
surgeouns and barberis in their severall boundis respective foirsaid and 
that nane exerce the craft nor put out signes or basens there quhill thej^ 
obtein libertie of the craft and be subject to the ordours and injunctiouns 
of the deaken and friemen of this brugh of the foirsaid craft. . . . 

' The Creichtouns of Lugton owned land in St Leonards Wynd, on the east side (Court Book 
of the Burgh of Canongatc and Regality of Broughton, pp. 3 and 4, and see index for further 
I'eferences). It may have been this land which the Council wished to buy for the College. 

- See p. 175, where his name occurs in the same connection. This latter entry appears 
the real one. 

^ The Burgess Roll says sheriff of Nithsdale, which is more probable. 

* See South Leith Records (First Series), p. 37 and note. This plan was not fulfilled at 
the time. 



OF THE BURGH OF EDINBURGH 199 

23r(Z April 1649. 
In the College. 

Appoyntis M^ Andrew Ker their clerk to look out of the counsell book ^^[^f^^l '° "^e 
the particuUar burseris belonging to the Colledge agains the nixt meitting. f^'^l"'''™'' °^ 

The same day Thome Simimei quhilk wes givin in be the Colledge by hookis. . . . 
Henricus Sandilandis and Cornelius Inglis anno i"" vi<= twentie thrie is 
excambed for Plutarches Moralls. 

27t?i April 1649. 

[Extract of the act of the Committee of Estates as to the fortification of 
Leith.] 

2nd May 1649. 

[The Council and extraordinary deacons] Ordaines the dean of gild to f^^^^J''?" 
send over to Holland to the Conservatour for thrie hunder niuskitts of 
on boh' and thrie hunder swords and ordaines the dean of gild to wrytt to 
the Conservatour for that effect and to send them over by the most safe 
and commodious occasioun he can and to answer his bill of exchange upoun 
demand. 1 

[A seat is to be chosen in S' Cuthbert's church for the magistrates.] 

Agi-ees to sett in take and assedatioun to Robert Trotter aU and haill Jak to Robert 

* Trotter of 

thes housis lyand in S* Pauls warke alsweill thes designed and appoynted stPauuwork. 

for the Correctioun hous presentlie occupyed be Robert Stanfeild as thes 

without the boundis of the said Correctioun hous upoun baith the sydis 

of the clos with the haill yairds belonging thairto ^nd thair pertinentis for 

the spaice of seven yeires nixt and immediatlie following thair entrie thairto 

quliilk sail be and begin the day and dait heirof and to delyver to the said 

Robert Trotter the haill loonies and matteriaUs presentUe standing within 

the saids housis conforme to ane particuUar inventar thairof to be subscryvit 

be the saids taksmen and to repair the defective loonies upoun the Touns 

chairges and the housis to be maid windtight and wattertight upoun the 

Touns expensis also And sicklyk agries to give thair best assistance and 

concurrance for furnishing of boyis to the warke from the age of seven 

yearis and upwardis and to procm'e fra the sessiouns of this brugh the soume 

of ten punds money weiklie towardis the maintenance of the saids boyis 

And that the annuelrent of the souraes dotted thairto be the benefactores 

extending to the principall soume of four thowsand nierkis quhilk is in the 

Touns handis and the annueUi-ent of David Jonkeins money dotted to the 

said warke quhen it sail be recovered be lykwayis imployed toward the 

' This order does not appear to be noted in Thiomas Cunningham's journal. He was 
already heavily in debt for arms and ammunition purchased previously. 



200 EXTRACTS FROM THE RECORDS 

maintenance of the saids boyis within the said warke and sicklyk agries to 
pay to the saids taksmen the annuehent of the soume of ane thousand 
pund sterhng left be M'' Johnstoun to set the poor of this brugh at warke 
and that yeirhe and termhe at twa termes in the yeir Witsonday and 
Mertimes in winter be equall portiones begimiand the first termes payment 
thau'of at the feist and terme of Mertimes nixtocum And to delyver to 
them ane act of the saids sessiouns for payment of ane hmidreth pund 
sterhng yearhe towardis the saids Correctioun hows and intertainment of 
vagabouncUs and cliildren witliin the said warke Quhilk liaill annueh'entis 
and money to be gevin be the sessiouns sail be disposed upoun be the 
advyse of six men to be appojTited be the counsel! and thaii- successours 
for the taksmen better imployment thairof And the saids taksmen to be 
bund and obleist for thair pairt to keip and hold als many poor childrein 
at warke witliin the saids housis in spining fyning and making of stuffes 
and cloath as will keip up the haill loonies within the same goeing dayhe 
and to cans teache and traine them up in fyning spyning and weiving 
and to keip them at that exercise quliill they be perfytt thairin and to 
intertein them dureing that tyme at bed buird and cloathis and tliaireftir 
to imploy them in such uthers warks as the undertakeris sail find fitt upoun 
such wages as they can agrie and that the saids taksmen accept of boyis 
to the warke of seven yeires of age and upwardis dureing the tyme of the 
said take and swa oft as any of them sail dejiau't tliis lyfe or rin away fra 
the warke to provyd uthers in thair place And the saids taksmen bind and 
obleisis them that na warke sail be \vTouglit within the saids housis but their 
owin warke quhilk sail' be wToglit there from the wooll to the merchand 
and that they sail take no nighbours warke in to thah housis especealhe 
na spun yairne to weiv nor woven cloth to walk nor new or old clothis to 
dress bot that all clothis and uthers to be wroght there be begun at the 
woU and end at the merchand And that they sail not weiv any thing upoun 
pricks that is to be walked and that they sail not lyme grow nor alme 
skinnis or peUottis nather be themselves nor thair servandis within the 
said warke And that they sail not harbour and resaitt friemens servandis 
or prenteisis under quhatsumever cuUour or pretence under a penaltie 
at the will of the magistratt and as the offence deserves And for the better 
performing heirof that the counsell make clioyce of four of thair number 
qulia saU have power dureing thair office with ane or mae of the magistratts 
to enter in to the said warke and there to take inspectioun survey searche 
and tryell of all enormities and offences done witliin the same and punishe 
the same accordinghe and this to be done once in the monetli at the least 
and often as the occasioun sail requyre And that they take prenteisis to the 
said warke that may be able to win jurneymens waidges befoir they come 



OF THE BURGH OF EDINBURGH 201 

to eiglitein yeii-es of age And to keip ane master within the said warke for 
learning of the poor childrein to read wi-ytt and catechise them And that 
tliair be severall liousis ajipoynted in the said warke that men and weemen 
may be keipit sindrie be tliemselves for avoyding of all suspitioun and 
scandle And that they provyd a sufficient man to be Master of the Correctioun 
hows and to keip ane for correcting of vagabounds and to give them sufficient 
maintenance out of the saids somnes provydit as said is And that they 
repau' the callender myhie upoun their awin chairges And sicklyk that 
the saids undertakeris bind and obleis them to content and pay to the 
Provest baiUies and counsell of this brugh and thaii' successours yearhe 
diu-ing the tyme of the said take sex hunch'eth merkis Scottis money for 
seaUing money of all goocUs maid within this brugh and hberties thairof 
and to be transported to forrane places and that a seahnaster be admitted 
resaved and sworne be the counsell for that effect And that the saids taksmen 
be obleist to redelyver to the counsell and thair successours all such 
matterialls loomes and uthers tooles and instrumentis that sail be delyvered 
to them upoun inventarie at the ische of the said yeires in als guid estate 
as they resave them for the tyme. . . . ^ 

Ordaines that no massouns wrights or niahbours within this brugh or [Proclamation, 

" " 111 • building uf 

liberties thairof presume nor take upoun hand to dnnohshe or repair any houses] 
housis within this brugh or liberties of the samen or stricke out dooris or 
windo\vis or liight chimneyis or dig big or repair any housis or pairtis thairof 
tiU first tliey acquaint the dean of gild and his counsell thairwith tliat they 
may take inspectioun and give jedge and warrand to proceid. . . . 

Gives ordour and warrand to the committee of the counsel) for the [Fortification 
fortificatiouns of Leith to take in such bounds for enlargeing the warks as 
they find fitt and necessarie to be done. . . . 

Uh May 1649. 

[Election of baiUes of Portsburgh : James Eilleis baron baiUe ; Edward 
Cunnynghame and John Dickiesoun resident baUies.] 

^ih Mmj 1649. 

[Major Weir and his soldiers of the night watch are to be paid off and the 
neighbours are to keep their ordinary watch.] 

nth May 1649. 

[The Council's seat in the West Kirk is to be in tlie north end of the west loft, 
commonly called Braid's loft. A door is to be broken through the waU.] 

• See Extracts, 1626-41, for the organisation of the manufactory at Paul's Work and of the 
Correction House, and p. 189 supra. 



202 



EXTRACTS FROM THE RECORDS 



[Great south 
window of 
St GUes.] 



[Burgess and 
gUd.] 



[Chamber in 
the College.] 



16th May 1649. 

Agries with Johne Milne master massoun to dresse the great south 
window of the mid kirk and to furneis lyme sand and skafFolding and such 
lyke matterialls neidfull for twentie pund sterhng. 

Ordaines the dean of gild and his counsell to admitt and resave Indian 
Moreis and Jo" Rigmorter dutchmen to be burges and gildbrether . . . in 
communi forrna. . . . 

I8th May 1649. 

Ordaines the thesaurer of the CoUedge ... to big a chalmer in the 
CoUedge with the moneyis resaved be him of umquhile WilUam Porteris 
legacie . . . and to put the defunctis name and armes thairupoun in 
memoriallof his benevolence and encom'agement of uthers to do the lyke. . . . 

[The Provost and James Berth wick commissioners to the ensueing Parliament.] 



Agriement . 
North Kirk. 



2Zrd May 1649. 

Agries with Johne Scott master wright for the haill warke of the north 
paroshe kirk of this brugh ^ . . . and to worke and put up ane timber wall 
betwix the kirk and the assembhe hous all alongs to the great portell of 
ten or elleven fute height and furnishing timber nailles thairto And lykwayis 
to cutt and lay the great portell als laiciie as within a fute to the sol of the 
stane window without it for letting in the light above it All the haill wark 
for the soume of twa hundreth pund sterUng. . . . 



[College 
Chambers.] 



[Engine for 

drawing 

water.] 



28th May 1649. 

In the College, [the College Council appoint a committee to meet M"' John 
Charteris, minister of Currie, anent his petition for an increase of stipend.] 

[A committee is appointed] to try the easiest way for bigging of chalmeris 
in the CoUedge and to speak Johne Milne and any uthers quhom they pleas 
for that effect. 

Appoyntis the thesaurer ... to give to M^ Johne Book twa hundreth 
merkis money for his paines takin in that samplarie mathematical! 
instrument and ingyir devysit be him for drawmg of watter arteficiallie for 
serving of the brugh or uther service . . . and gives libertie to the said 
M'' Johne to use his artifice when and where he pleases. 

[A committee is to approach the CouncO concerning the prejudice to the 
College by the crafts' mortcloths.] 

1 See p. 187 supra. 



OF THE BURGH OF EDINBURGH 203 

ZOth May 1649. 

[The following commissioners of the Royal Burghs are to be received burgesses 
and gildbrethren : Alexander JafFray, Aberdeen, James Sword, S' Andrews, George 
Porterfield, Glasgow, Hew Kennedie, Ayr, Thomas Bruce, Stirling, M'' William 
Barkley, Irvine, M"' John Hay, Elgin, Thomas M<^birnie, Dumfries, WiUiam Broun 
agent to the burghs ; also James Decoronet, Frenchman of Bordeaux. 

Following on the complaint by members of the College Comicil] the comisell [Mortcioths.] 
upoun consideratioun of the premisis heirby dischairges any persone within 
this briigh to use any velvit mortcloaths or lend the same out to any persone 
quhatsuniever but the Toun niortclotlies allenerhe conforme to tlie actis 
of the eight of Apryll i™ vi*^ fourtein and seventein of March i"^ vi^ fourtie 
thrie and ratifie the sanien and all uther actis and statutes maid thairanent 
of befou" in any tyme bygane. 

6</t Ju7ie 1649. 

[An attempt is to be made to get payment of the 5,000 merks left by WiUiam 
Rig of Athernie for bursars in the College.] 

?,th June 1649. 

Ajipoyntis M"" Patrik Hendersoun to acquaint the muiisteris of this [Fortmcation 
brugh of the slow procediu'e of the warks and fortiticatiomas of Leith 
throw neglect of the servandis who sould goe doun to worke thairat and to 
give to ilk church ane particullar pajjer desyremg the minister of everie 
paroshe to intimat the same on Sunday nixt befoirnoone and to use all 
forceable arguments that may move them to goe about the warke more 
seriouslie and effectualhe and to appoynt the elderis and deakens of the 
paroshes to attend them in then- tour to that effect. 

Ibth June 1649. 

Compeird David Bucquhan Englishman and gave in the act of Parhament [Release of 
underwrittin desyring the samen to be read in audience of the counsell Russeii.i 
quhairof the tennom- followes At Edinburgh the fourtein day of Junii i™ vi^ 
fourtie nyne yeu-es the Estaits of Parhament taking to their consideratioun 
the supplicatioun given in to them be Frances Russell Enghshman humbUe 
shewing that quhair upoun the twelf day of Mali lastbipast without any 
foirthoght hatred or rancour it pleased God to suffer the said suppUcant 
to fall in a sad and deplorable accident in killing Robert Richardsone 
Enghshman \vdth ane pistoll not knowing the samen to be chairged and 
the said pistoll not belonging to ather of thame For which woefuU accident 
the supphcant has bein incarcerat in the prisone of Edinburgh evir since 
and sieing it is manifest to thos who knowes both that the suppUcant wes 



204 



EXTRACTS FROM THE RECORDS 



The seall of 
the baronie of 
Portsburgh. 



[Forts at 
Leith.] 



frie of all malice or designe to bereave his awin freind of his h'fe and that 
upoun a letter from the magistrattis of Edinburgh to the defuncttis parents 
and freinds resideing at Durhame in England showing the veritie of the 
said unhappie accident . . . they have declaired be than- answer to the 
saids Magistratts . . . that they are unwilHng to prosecute law agains 
hun and are content that the said suppUcant be put to Ubertie . . . and 
thairfoir humblie supphcatting that according to the lait act of Parliament 
ordaineing non to be punished to death for casuall homicid and that they 
are lykwayis both EngUshmen who are not punished to death for such lyke 
accidents the saids Estaittes of Parliament would be pleased ... to give 
ordour to the Magistrattis of Edinburgh to put the said supphcant to 
hbertie . . . [The Estates, having considered the foregoing, order that Frances 
Russell be released and the Council order the baillies] to sett the said Frances 
Russell to Ubertie he paying the dues of the hows.^ 

[James Riddell, merchant, is allowed to build his soap work in the Dub row 
of Leith, preserving the lights of Christian Robertson's tenement and the original 
width of the vennel.] ^ 

20th June 1649. 

Finding it necessarie to have a commoun seal for the baronie of Ports- 
burgh to be appendit to their chartours and preceptis of clare constat and 
suchlyk and haveing sein a draught therof this day presented to the counsell 
bearing the castle of Edinburgh on the right hand and twa httle villages 
and some treis upoun the left hand with thrie portis and the sun and clouds 
above all and some fowUs flieing in the air aboute the castle with this 
circumscriptioun sigillvm burgi de edinbvrgh baroni.e svje de ports- 
BVRGH the counsell approves therof and ordaines their thesaurer to cans 
grave the same upoun silver. . . . 

Appoyntis the bailUes David Williie and Johne Denhame with Michaell 
Gibsone to agrie with James Boirlandis for his right of the superioritie 
of the Kings Stables. . . . 

[By act of the ParUament the annuity upon house rents is increased to 
six per cent.] ^ 

Ordaines Johne Mihie master maissoun to big the staine warke of the 
fortis nixt to the bulwarke first with all diUgence conforme to the draught 
given to him be Generall Hamiltoun. 

1 See A.P.S. vi. (i!), p. 411. " See South Leith Records, i., p. 102. 

^ Because it had been found that a levy of 5 per cent, would not make the desired total 
of 19,000 merks payable for the stipends of six ministers {Ibid., pp. 416-9). See also p. 193 
and note. 



OF THE BURGH OF EDINBURGH 205 

27<A June 1649. 

[James Eillies and David Kennedie are elected commissioners to the General 
Assembly on 4th July.^ 

Sir James Stewart and James Borthuik are elected commissioners to the 
Convention of Burghs at Queensferry on 3'''' July. James Eillies and George 
Cleghorne are to be their assessors. ^ 

Alexander Steill in Ravelston is to be burgess gratis, for his service done to 
the Town works at the quarry there.] 

Afternoon, the College Council in the College. 

Electis Mr Samuell Rntherfurd ane of the professours of divinitie [at] (Professor of 
S* Androis to be jirofessour of divinitie in tliis Colledge in place of uraquhile 
Doctor Sharp. . . .* 

[Mf Johne Adamson is elected commissioner to the General Assembly.] 

13;/t July 1649. 

Forsamekle as the counsell taking to tliair consideratioun the report ^^^^\ ^1°' 
maid by my lord Provest of the diligence of thair commissioneris at the convention of 

J J o . c burghs.] 

lait conventioun of Borrowis in Quensferrie and especealUe of the protesta- 
tiouns taken be them agains the burrowis anent the augmentatioun of the 
Touns proportioun of the taxt roll the counsell unanimouslie approves 
thairof and of thair haill chhgence done thairin and thairat. . . .* 

Forsamekle as strangeris natives and forraneris comeing from England Nostrangeria 
Fraunce and Holland to tliis brugh with merchand goodis maks oirer thau-oi merchandice 

° " bot for Scottis 

at so much of the frank guidlen and testan quherin their may be much money. 
fraud and guyle Thairfoir the counsell lies thoght guid that no offer be 
resaved in counsell from any such stranger or native aither in frank guidlen 
or testan bot that they make offer thau'of as the samen may be sold in 
Scottis money. 

' See Balfour, iii., pp. 418-9, for his opinion of this Assembly. It was by it that 
Mr Andrew Raiusay and Mr William Colville were deposed. 

- Records Convention Royal Burghs, iii. pp. 332-8. 

' This appointment did not take effect. See Extracts, 1604-26, p. 296. See also p. 153 
supra when Mr Alexander Colville was elected. 

* The General Convention, which met at Queensferry on 3rd July, altered the tax roll of 
the burghs. By this the proportion payable by Edinburgh of each lOOU of tax was 361'- 
The last recorded tax roll, in 1612, made Edinburgh's proportion of lO.OOOIi the smn of 
2,875U, that is 281i 15s. The increase, therefore, was considerable and the Town's coimnis- 
sioners protested against it. One of their grounds of protest was that their trade had decreased, 
while that of other burghs had increased. The other burghs refused to admit the protest " as 
also protested that conforme to the tennour of ane act of parliament the 7 of Merch 1649 
they aucht to have releif of the Toun of Edinburgh as one of theis burrowis who hes had the 
greatest ease these sextie yearis bygane to the heavie prejudice of the rest of the burrowis." 
(See above, note 2.) The act of Parliament referred to authorised the Convention to alter 
the tax roll, with the condition that if they should fail to do so at their next meeting, 
individual burghs, which foimd themselves overburdened, were to be at liberty to alter their 
own contributions [A.P.S. vi. (2), p. 240). 



206 



EXTRACTS FROM THE RECORDS 



[Payment to 

decayed 

burgesses.] 



[Barbers of the 
Canongate.] 



[Anns from 
Holland.) 



DountakinL 
the spurre of 
the Castell 



of 



I8th July 1649. 

Ordaines the masters of the hospitall to pay to WilUame Mershell printer 
and David WylUe bonnetmaker burgesis of this brugh twa of our decayed 
burgesis twentie schillings weikhe to ilk ane of them quhill Mertimes nixt 
besyd the allowance of the kirk sessiouns. . . . 

[As Andrew Simpsoim, merchant, has offered 2,000 marks for building chambers 
in the College and as there are two chambers and a cellar already buUt, tlie 
Council order that his name and arms be put upon these on the doors and windows, 
as in other cases. When his 2,000 merks is received it is to be employed 
in building two more chambers. Precedence in possession is to be given to his 
relations or any of the name of Simpsoun.] 

Compeird Robert Prest Andro Robertsone Johne Stevensone and 
WiUiame Burne barberis of the Cannogait for themselffis and in name and 
behalf of the remanent barberis there eftir severall citatiouns and wairneings 
and being demancht quliat right they had to exercise the airt of sm-gerie 
and barber craft within the Cannogait they absoulotlie denyed that they 
exercised any poynt of surgerie but barbercraft allenerlie and ingenioushe 
declared in presence of the counsell that they had na right to exercise 
that craft and that nather they nor that calling there were never authorised 
be any right flowing fra the barrouns of Broughtoun or any uthers thair 
superiours for exercising of that craft within the said regahtie and baronie 
and were nevir erectit in a companie nor subject to a deaken bot that they 
and thair authours and predecessours chd exercise the trade at thair awui 
hand allenerhe. . . . ^ 

20th July 1649. 

Forsamekle as . . . the dean of gild wes ordained to send over to 
Holland to the Conservatour for thrie hundreth muskitts and tlu-ie hundreth 
swords . . . and sieing the samen are resaved . . . ordaines the dean of 
gild to send over thrie hundreth fourtie fyve pund tluie schiUings great 
Fleymis money to Holland for payment thairof. . . . ^ 

Appoyntis the bailhe James Rucheid dean of gild and thesaurer to meitt 
with Johne Milne anent the dountaking of the spurre and utter gaite of the 
Castle for the Touns use to the effect the said utter gate and aisler warke 
and rough staines may be imployd in and about the Parliament clos and 
meiU mar kit dykes and inner counsell hows. . . . ' 

• The Court Book of the Canongate and Broughton shows that the Canongate barbers, so 
early as 1568 (the earliest known allusion), practised surgery. 

^ See p. 199 supra. 

' In obedience to the act of Parliament, 13th July (A.P.S. vi. (2), p. 484) ordering that the 
outmost fortification called the spur should be demolished, smoothed and levelled. See 
Gordon of Rothimay's map of 1647. Another act (p. 517) allowed to the Town the use of 
the stones and the great gate for '" beautifying " the outer court of the Parliament House. 



OF THE BURGH OF EDINBURGH 207 

25th July 1649. 

[The Council and extraordinary deacons appoint a committee] to agrie [ParUament 
with Johiie Milne master maissoun anent the taking doun of the utter gaite 
of the Castle and bigging up thaii'of in the Parliament clos with staires 
towardis the south. . . . 

•nth July 1649. 

[The Council and extraordinary deacons order the dean of gild to make 
Wilham Tod, factor at Rouen, burgess and gildbrotlier gratis. 

The Canongate baiUes promise to assist in taking order witli the imfree barbers.] 

1st August 1649. 
Ordaines Johne Broun present attendar and onwaitter upoun the . • . Magazene 

i-i'i ..... ,, , hous for 

merchand magazen hows within this brugli quliairm is input all iiierchand strangeria 
guids pertening to strangeris or unfriemen outland burgesis that at the 
seaU of the saiiien to merchands biu-gesis of tliis brugli he sail keip ane 
exact accompt thaii'of quliat the same sail ammomit to and that the said 
Jolme sail have for his paines in wrytting up the saids accompts and 
attendance thairon at the orchnare dyotts ten schiUings Scottis of ilk 
hundretli pundis and that to be payit to liim be the buyer of the said wair 
and that the said Johne sail signifie the same to the buyer before he doe 
buy the samen to the effect the said buyer may conforme the pryce he 
gives to the seller accorchnhe the said ten scliilling and also ordaines the 
said Joluie Broun to take from the seller the magazen maill of the said 
wair conforme to the tyme the said wair sail ly in the said hous accompting 
ane or twa dayis for the weik and if the waii- remain a day of the second 
weik to accompt the same twa weiks and swa furth accordinghe And ordaines 
this act be extendit to the magazen of Leith also. 

10//J August 1649. 

[The Council and extraordinary deacons being convened] The same day Convoye.s of 
wes read to the counsell the draughtis of tlirie severall missive letters to"iKi"fra^ "'* 
direct from the Burro wis to the Prince of Orange and magistratts of Campheir 
and to the Lordis of the admirahtie of Zeland for convoyis to our shipps in 
our voyages to and fra our staple port at Campheir quhairof the counsell 
does approve and that the saids missives and actis of burrowis concerning 
the said staple jjort maid at the generall and thair conventioun haldin in 
Juhi last be given to the Conservatour for the use of the burrowis and be 
put in executioun be liim in maner thairin contend.^ 

1 Records Convention Royal Burghs, iii. pp. 335, 344, 345, 347-54. 



Campheir. 



208 



EXTRACTS FROM THE RECORDS 



Cock of the 
steiple. 



[Proclamation, 
payment of 
annuity.] 



Appoyntis the dean of gild to have a cair of the cock of the steiple that 
it be repaired or maid new as neid beis. 

[In terms of the recent act of the Estates] ^ ordaines proclamatioun . . . 
charging that all the inhabitantis ... of quhatsumevu- quahtie and degrie 
mak dew payment to the . . . deacounis of the kirk within thair severall 
boundis respective ilk persone of thair proportioun of the said yeirhe 
annuitie of sex of the hundreth conforme to the rent of thair maill and 
actis of Parhament maid thairanent to be imjiloyed to the use afoirsaid 
and thairin contend as a constant stiepand to six of the ministeris of this 
brugli in all tyme comeing. . . . 

[The bailies of the Canongate, Broiighton, Leitli and Portsburgh are to concur 
with the deacon of the surgeons in taking order with unfree barbers and surgeons 
within their respective bounds.^] 



[Chambers in 
the College.) 



15th August 1649. 

Compeird James Monteith poutherer and delyvered the kies of the twa 
chalmeris to the coimsell quhilk he lies biggit in the CoUedge for the use 
thairof and grauntis to him for his guidwill that any of his name or freinds 
sail have the use of the said chalmeris dureing there coru-se in the colledge 
if they desyre the saine for payment of the maill therof with such ease 
as any uther builder getts. 

[John Coill, saddler, is to be received burgess gratis.] 



[Zing's 
Stables.1 



nth August 1649. 

[The Council and extraordinary deacon.s] Appoyntis the bailhes David 
Wilkie and Johne Denhame with James Eillies and Michael C4ibsone to 
make a small end with James Boirlandis anent the bargane of the buying 
of the Kings Stables fra him. ... * 



[Discovery of 
old gold and 
silver.] 



22nd August 1649. 

Forsamekle as there wes laitlie fund within this brugli be some maissouns 
and vvTights working upoun ane old hous at the Netherbow . . . some old 
gold and silver quho being conveined befoir the baillies did exhibite and 
produce among them all the matter of thrie ounce weight of gold and als 
much weight of silver [or] thairby denying they had any mair The counsell 
ordaines the said gold and silver to be imployed in taking doun the utter 

1 See p. 204 supra and note. - See p. 206 supra. 

' Tlie negotiations for tliis extension of tlie burgh's bounds were protracted. The charter 
for the incorporation of the King's Stables witli Portsburgli is dated 12th October 1663 
{Historical Charters, No. 101). See p. 204 svpra. 



OF THE BURGH OF EDINBURGH 209 

gaite of the Castle and setting up the same in the entrie of tlie Parhament 
clos as wes befoir appoyntit. 

2ith August 1649. 

Taking to their consideratioiin the great evill flowing fra several! idle [suver and gold 
I^ersones and packman boyis especeaUie quho dayhe goes up and doun 
this brugh streitts and vennells thairof crying Any silver or gold lace or 
broken money to sell Quhilk giveth occasioun to the covetous heartis of 
servandis and prentisis of many guid nighbours and strangeris to 2Jyk and 
steill money fra thair masters and uthers and silver warke les or mau- and 
break them and melt them and sell them at wan* worth to thes ydle feUowes 
and they againe to merchands as daylie experience doeth testilie quhilk 
openeth the door to commounest theives of the countrey to steill and 
break and melt and sell againe and quhairby many guid nighbom's are 
daylie loosing les or mair and dayhe in danger to be endanmaged if such 
ane untlu-iftie occupatioun be tollerat [therefore proclamation is to be made 
forbiddmg the practice under pain of imprisonment and banishment. 

John Quhytt, servant to Sir Wilham Dick of Braid, is to be received burgess 
gratis.] 

29th August 1649. 

Appoyntis Johne Scott master wright to scaffold the Idrk at the Trone [iron church 
that the samen may be convenienthe theikit with the copper that is now 
corned home. . . . 

[A comaiittee is api)ointed to] considder quhat money is necessar to be [st cues 
borrowed for outrading the crowne of the steiple befoir the winter come 
on sieing the dean of gild and his box is exhausit far superexpencUt. . . . 

3lst August 1649. 

[The Council and extraordinary deacons order bonds to be given to Sir John 
Wauchope of Niddrie, K' and Margaret Douglas, daughter of James Douglas of 
Morton for the sums of 4,000 merks and 3,000" borrowed from them for tlie 
fortifications of Leith. The money is to be repaid by the collector of the small 
excise.] ^ 

Taking to their considderatioun the great extortioun used be the [siaters.] 
sklaitteris of this brugh upoun the nighbom's exactit double and triple pryces 
for the ruid of their warke . . . and sicklyk considering the paucitie of 
thair number quhairby the nighbours cannot convenienthe be served 
Thau'fou' the counsell hes agried ... to graunt the hbertie of burgeship 

• An Act of Parliament of 29th June 1649 {A.P.S. vi. (2), p. 448) had given wider powers 
to the magistrates in the fortidcation of Leith. The act also had granted to the Provost, 
baihes and Council the coveted power of appointing the governor of the fortified town. 

O 



210 



EXTRACTS FROM THE RECORDS 



[Schoolmaster 
for Currie.) 



[Election of 
deacons.] 



gratis ... to four sklaitteris that be expert men of guid report quhoever 
they sail be presented to the counsell be advyse of the deakens of the 
maissouns and wrights of this brugh . . . and that thair pryces be regulat 
be the counsell befoir thair admissioun. 

[The stipend of M'' Harry Wilkie, minister at Wemyss, is augmented from 
1,000 to 1,200 marks.] 

lih September 1649. 

Appoyntis the baiUie Laurence Hendersoun to goe to Currie and raeitt 
with the gentlemen of the paroshe on Tuesday nixt anent the choosing of 
a schoolmaster there. 

19<A September 1649. 

Forsamekle as the deakens of the furriours wTights massouns baxteris 
flescheours wobsteris wakeris and bonnetmakeris did this day present to 
the counsell a suppHcatioun with ane act of counsell of the twentie twa of 
September i"" vi^ foiirtie eight desyi'ing the electioun of the six deakens 
counselleris out of the fourtein deakens and of the uther twa craftismen 
out of the uther craftismen of this brugh to make up eight craftismen 
counselleris to be without respect of one craft more nor another conforme 
to the sett and act of counsell abovementionat The counsell considering 
thairupoun thoght it most reasonable and thairfoir proceidit to the said 
electioun according to the sett and act of counsell foirsaid . . . and ordaines 
this friedome of electioun to be observed in all tyme comeing.^ 



[Letter, 
elections.] 



21s( September 1649. 
[Captam John Gillespie is to be received burgess and gildbrother gratis.] 
[The following letter was received from the Committee of Estates] : For our 
assured freinds the Provest baiUies and counsell of the brugh of Edinbrugh 
Assured freinds the tyme of the electioun of your commissioneris for the 
ensueing sessioun of Parliament and of your Magistrattis for this subsequent 
yeir being now neir and that being a bussines of verie generall concernment 
to the guid and peace of tliis kmgdome we have thoght it necessar heirby 
to recommend to your speceaU caii- that in thos electiouns the actis of the 
twentie twa of September and the fom't of October lastbypast ^ quhairof 
yow have copies sent yow and the act of Parhament anent the classes * 
be pimctualhe observed and that nane quho are declaired incapable by any 
of the fou'said actis be maid choys of And that yow send in to us a note 
of the names of the commissioneris who are chosen immediathe eftir 
the electioun We rest your aflfectionat freinds Sic subscribitur Loudoun 

1 See p. 169 supra. - See pp. 170, 171 supra. 

3 See A.P.S. vi. (2), p. 143, 23rd January 1649. 



OF THE BURGH OF EDINBURGH 211 

cancellarius I. P. D. Com : Edinbvirgh tlirettein of September i"" vi^ fourtie 
njTie. 

26th September 1649. 

Taking to their consideratioun the present conditioun of M"" WilUame ^^"^^P^"'' '■'' 
Colvill his hows and famiUe in liis absence and depairture furth of the ?"'Xp'','^ 
comitrey Hes thoght fitt to graunt towardis thair present supplie the soume 
of twa thowsand merkis money. . . . ^ 

28th September 1649. 

[The CouncU and extraordmary deacons being convened, in consideration of 
the age and long service of M'' Alexander Guthrie, their Common Clerk, the 
Council assumes his debt to WiUiam Thomson of Newmilnes, amounting to 
6,500 merks. 

John Clerk, servant of the above Wilham Thomson is to be admitted burgess 
and gildbrother gratis.] 

. . . Sieins that the Estaittes of Parliament have appoynted and [Ministers- 

® . stipends.] 

ordained that each of these six ministers sail have yeu'lie tlirettie ane 
hundreth merkis for his stiepend and housmaill and have imposed the 
annuitie of six of the hundreth iipoun the housmaiUes for jDayment thau-of 
ordaining the first payment to be this present year . . . Thairfoir the 
counsell according to thair former engadgment being willing that thair 
ministeris be honestlie provydit doe appoynt and ordaine that the stiepends 
and provisiouns of M'' Robert Douglas M'' James Hamiltoun M'' Mungo 
Law IW John Smyth and M'' Robert Lowrie be equall to the said j^rovisioun 
allowed be the Estaittes swa that everie ane of them be augmented nyne 
hundreth merkis [order the treasurer to borrow 3,000" and give each of these 
five ministers 900 merks more. When a sixth minister is appointed, his stipend is 
to be the same.] 

Taldng to consideratioun the heavie burdeins lying upoun this brugh [Town 
and the great debts contracted these sindrie yeires bygane and finding 
the burdeins to encres year eftir yeir and that it is verie necessarie for the 
Magistrattis of this brugh present and to come to understand quhat debt 
is contractit in thir tymes the present Magistrattis hes given in a roll of 
the debtis new and old contracted and renewed be the counsell the tynne 
of their office . . . and the causis thaii'of . . . and the counsell ordaines 
this ordoiu" to be observed be the Magistrattis of tliis brugh in all tyme 
comeing and thair clerks to draw up ane act thairof and thairin to resume 
the haill debtis contractit be them the tyme of thau' office ... in thair 

1 See pp. 160, 186 supra. In 1635 the stun agreed on for each minister's stipend was 
2,000 merks with house-rent for the first ministers and 1,200 merks with house-rent for the 
second ministers. Colville apparently had gone to Utrecht, where he was in 1653. 



212 



EXTRACTS FROM THE RECORDS 



[Tron fhurch 
roof.] 



[Taxation.] 



[Voting for 
elections.] 



yeir and to present the same to the counsell ilk Fryday befoir the electioun 
that the samen may be insert and registrat in thatr counsell book to the 
effect the succeiding Magistrattis and counseU in thair places respective 
may goe easihe to the place of ilk yearis burdein and that plaice may direct 
them to everie particuUar act thairin conteind swa that everie succeiding 
counsell swa doeing may be punctuaUie acquaint with preceiding yearis 
burdeins till it pleas God to turne the course of debt and fand out the way 
to releve the Toun of burdein quhilk sould be the desyre of all the nighbours 
weilwishers thairof. [Here follows the list of the debts.] ^ 

Agries with Thomas Halyday brasier for theiking the kirk at the Trone 
with copper for the soume of fyve hundi-eth merkis money and if he be a 
loser to pay him ane hundreth merkis mou-. . . . 

[The Town's share of the monthly maintenance for twelve months with 
allowance for the expense of collecting amounts to 78,000"] quhairunto is to be 
adcUt for the Touns pairt of M' Adrian and CorneUus Lampsius money 
conforme to ane act of Parliament of the sevent of August last nyne thowsand 
fyve hundreth four pund ^ and for the defect thairof four hundreth fourscoir 
sixteen pound extending to ten thowsand pund . . . unto the quhilk . . . 
thair is to be addit for the quarterings of tlu-ie Irishe companies with thair 
officeris for the spaice of a moneth viz : fra the f3^tein of September to 
the fyftein of October i™ vi^ fourtie nyne the soume of twa thousand pound 
conforme to the act of the Committee of Estaites maid thairanent. 
[Therefore the total sum of 90,000'", divided between Edinburgh, Canongate 
North and South Leith and Pleasanee, makes the Town's share to be 64,956'' 9^ 9'^ 
South Leith, 12,521" 15^ ; Canongate, 8,139" 2« 9" ; North Leith, 3,756" 10^ e^ 
Pleasanee, 626" 2^. The stentmasters are to impose the said tax within their 
respective bounds.] 

2nd October 1649. 

[The Council and extraordinary deacons being convened] Forsamekle as this 
day sindrie of the counseU were upoun the lyttis of the magistrattis for the 
yeir to come and sieing the custome is that they are removed the tyme of 
voiceing and uses to leive thair voices ather in word or writt to be dely^^ered 
in their absence quhilk be corrupting of tyme may be miscaried Thairfoir 
the counsell thinks fitt in all tyme comeing everie persone of the counsell 
swa removed be calld in according to thair jalaces and give thair voices 
out of thair awin mouth quhilk is the surest way to eschew jealousie of 
voiceing in thair absence. 

1 The total is not given in the MSS., but amounts roughly to about 72,700 merks. 

* Adrian and Cornelius Lampsin were the merchants of Holland who financed the Con- 
servator's purchase of arms. The Act of Parliament referred to {A.P.S. vi. (2), p. 540) had 
ordered the addition to the extent for maintenance of 13,2001i sterling for their payment 
to be imposed on the burghs as well as landward. 



OF THE BURGH OF EDINBURGH 213 

Zrd October 1649. 

[Water bailie of Leith, Thomas Leishman ; baron bailies, Thomas Leishman, 
Gilbert Muir. 

Baron bailie of Broughton, John Denhame ; baiUes of the regality of the 
Canongate, John Denhame, Thomas Calderwood. 

M' Samuel M''Korne is elected one of the doctors in the Grammar School 
under M'' Wilham Spens in place of M"^ James Carmure, deserting his place. ^ 

Council, 1649-1650 : Provost, Sir James Stewart ; Bailies, John Byimie, 
Patrick Thomson, Robert Fowhs, Robert Lockhart ; Dean of Gild, George Suittie ; 
Treasurer, John Liddell ; Council, Sir William Dick, James Rucheid, Laurence 
Hender.soun, David Wilkie, Johnc Denhame, Peter Blackburne, John Hilstoun, 
John Mein, Robert Murray, John Lawder, Gilbert Sommervell, tailor, James 
CleUand, surgeon ; Deacons, James Borthuik, surgeon, George Cleghorne, 
goldsmith, Gilbert M^'clelian, skinner, Michael Gibsone, tailor, Thomas Peacok, 
shoemaker, David Thomson, wriglit ; Extraordinary Deacons, Alexander Lyndsay, 
hammerman, Robert Pargillies, furrier, Alexander Menzies, mason, James Baillie, 
baker, Alexander Smyth, flesher, James Lawsoun, weaver, John Wallis, waulker, 
Francis Ker, bonnetmaker.] 

bth October 1649. 

[Baron bailie of Portsburgh, James AJisone.] 

lOth October 1649. 

[M'' Patrick Mawer is elected conjunct clerk of Leith with William Downie, icierk of 
present clerk] and tliis in respect of the said William his awin desyre he '^'' 
being takin up with great affaires of the Estaites and thairby not able to 
attend the said imployment be himself alone. 

Ordaines Joluie Liddell lait kirk thesam'er to delyver to Thomas Calder- [stipends! 
wood present kirk thesaurer . . . the soume of foxirtein hundretli punds 
money to help to ]}&y the ministeris stiepends. . . . 

Ordaines the thesaurer ... to take course for clenging the void about [street 
the Parliament hows. ... 

I'Mh October 1649. 

Appoyntis M'" Hew McKeall to serve in the ministerie within tiiis burgh [New cimroii 
in the northeist paroshe kirk of the samen as colleague with M'' Jo" Smyth 
minister there dureing the counsells pleasour. 

Electis Edward Cunynghame and Jo" Dickiesoun to be baiUies of the [BaiUesof 
barronie of Portsburgh . . . and appoyntis the head coiu"t to be in Bristo 
on Tusday nixt. 

Ordaines the haill craftis within the barronie of Portsburgh calht the [crafts of 
West port and Potterraw to corajjeu- befoir the counsell on Weddinsday 

' Though the name is the same, this is not a reference to the master of the Grammar 
School at Moffat (p. 139 supra). 

o2 



214 EXTRACTS FROM THE RECORDS 

nixt being the sevintein of this instant and to bring with them their haill 
seallis of caws letters of libertie and iither writtis qnhatsumever quhilk 
they have of and concerning tiiere friedome for exerceing of their trades 
and caUings within the saids boundis in any tyme bygaine to be advysit 
be the counsell for t3aue to come . . . 

Uth October 1649. 
(Clerk of the Taking in consideratioun the frequent petitiouns of M"' James Loeane^ 

Canongate ^ -^ -^ ° 

reponed.] lait Clerk of the Cannogait desjTeing that he might be reponed to his plaice 

as also the act of Presbitrie quhau'in he lies cleared any act of mahgnancie 
and fincUng that he wes removed from his plaice upoiin the vacatioun thairof 
be the depositioun of WiUiam Thomsone commoun clerk of this brugh (the 
Clerkshipp of the Cannogait being a pendicle of the office of clerkship of 
this brugh) and not forraarhe deposed for any fault or offence and knowing 
the said M'' James abilities to serve in the said plaice throw the experience 
he hath attained to these fjrftein yeires he lies served thairin and by the 
educatioun he lies had from his father who served in the samen chairge 
and considering also that he offereth to find out and sett doun sohd clear 
and unquestionable wayis and nieanes for improveing and augmenting to 
the guid Towne the rent of the Cannogait four thowsand merkis yeirhe 
and that within a year eftir the dait heirof In consideratioun of all which 
the counsell with consent of Johne Stewairt present Clerk personaUie 
present doeth heirby adjoyne the said M'' James in the said office of clerkshijip 
in the Cannogait and Broughton and regahtie thairof to the said Johne 
Stewairt present clerk tliair giveing to the said M"" James dureing the 
counsells jjleasure full power to exerce the said office and to injoy the wholl 
benefice and priviledges thau'of als frielie and fullie as he did in any tyme 
beforr but prejudice alwayis to the said Johne Stewaii't to exerce also the 
said plaice according to liis right thairof as he saU have occasioun And 
farder allowes gives and grauntis to the said M'' James ane thowsand merkis 
of the said four thowsand merkis yeirlie if the samen sail be gotten dureing 
his service It is alwayis provydit tliat if the said M'' James doe not show 
sohd and evident grounds for improveing and augmenting of the rent of 
the guid Towne four thowsand merkis or thairby yearlie within the said 
spaice of ane yeir in that cais tliis present gift sail exjjjTe and be void as 
if the samen had never beine grauntit And the said M"" James sail also 
presenthe give band and securitie for dischairging his de^vtie faithfulhe 
anent the premisis and especiallie that the registeris sail be keipit intire 

' James Logan, father of this man, was clerk of the Canongate and Broughton from 1568, 
if not eariier {Court Book of the Canongate). 



OF THE BURGH OF EDINBURGH 215 

perfytt and full and that at liis renioveall fra the said office by death or 
utherwajds the haill prothecolls and utiier registeris and reoordis quhat- 
sumever with the wai'randis and writts belonging thau'unto sail be delyvered 
to the commoun clerkis of tliis brugh for the tyme. . . . 

nth October 1649. 

Coinpeu'd the craftis of the barronie of Portsburgh callit the West port HPe^on of 
and Potterraw and confornie to ane ordour and precept of the counsell crafts.) 
direct to them for tliat effect of the twelth of this instant and gave in the 
supphcatioun underwTittin . . . Unto the lord Pro vest dean of gild thesaurer 
counsell and deakens of craftis lordis superioiu-s of the barronie of Portsbm-gh 
the humble supplicatiouns of us your LL. craftismen vassellis of the said 
baronie presenteris heirof humblie sheweth that quhair we and our pre- 
decessours befoir us hes had the frie exercise of our trades and callings 
there under our superiours the lairds of Innerleith for the tyme conforme 
to their warrands such as our superiours could give us for that effect these 
thriescoir yeires or thairby \vithout interruptioun And sieing it hes pleasd 
God that now we have fallen under your LL. siiperioritie and hes had 
verie great kyndnes of the craftis of this brugh in tymes bygaine Thairfoir 
our humble desyre to your LL. is to faU upoun the way how we may live 
in freindshipp for the tyme to come with the craftis of this brugh as formerlie 
we have done sieing we are now yoxir LL. vasseUs to quhom we submitt 
our selffis in e verie thing desyieing to Hve in peace with all and your LL. 
answer humbhe we beseik Quhilk supphcatioun being read in presence of 
the counsell the haill craftis of this brugh unanimoushe adhered thairunto 
in takin of thair full and frie voluntar submissioun to the counsell quhair- 
upoun James Borthuik deaken of the chirurgians for himself and in name 
and behalf of the craftis of this brugh and lykwayis George Suittie dean 
of gild for himself and in name and behalf of the counsell askit act and 
instrumentis. 

24th October 1649. 

Appoyntis Johne Scott to put up a cabinet in the end of the Exchequer [Room for Eari 
hous for the Earle of Ai'gyles use upoun the Touns chairges. ... 

2m October 1649. 

Admitts M"" Johne Ritcliie to be ane of the doctours of the hie scoole [High school] 
to serve thair in the rudement clas in plaice of M"" Robert Levingstoun lait 
doctour thair. . . . 



216 



EXTRACTS FROM THE RECORDS 



[Stipend.] 



[Library.] 



[Payment to 
Boog.] 



Postmeridiem . . . in Academia Jacobi Regis. 
[Assessors to the Rector and College Council elected.] 

Appoyntis M'' Johne Charteres stiepand heirefter to be four chalderis 
of victuall and four hundreth punds yeirlie and that Johne Bynnie and 
James Ruclieid and the thesaurer consider the valuatioun and consult David 
Aikinheid concerning the qualitie of the victuall. 

Appoyntis the thesaurer to put a laiche chimney in the new liberarie 
with ane yrone grate befoir it to hold up the eoallis from falling upoun 
the floor and to put knoks iipoun the twa dooris of the liberarie and to 
lyne some j^resses with buckrome and such lyke and to make the liberarie 
wattertight quhair is necessarie and to plaster the entrie and the names 
and soumes of benefactours dotted to the CoUedge be put upoun some 
pairt of the librarie. 

Appoyntis George Jollie thesaurer of the Colledge to give to M'' Johne 
Boog twa liundi-eth merkis money for tliis time . . . declairing they will 
give liim no more but recommendis him to the Toun Counsell for a yeirlie 
pensioun.^ 

[A committee is to approach the Committee of Estates as to payment of the 
interest of the public debt due to the College.^ 

M"' Thomas Crawfurd is to be present at the visitation of the High School 
in case of the principal's absence.] 



[Proclamation, 
Import oil 
tobacco and 
Society.) 



[Proclamation 
watch, 
lanterns, etc.] 



[Merchant 
HaU.] 



31s< October 1649. 

. . . Ordaines proclamatioun to pas tlu'ow this brugh . . . for wairneing 
of all parties and persones qulio lies a mynd to take the . . . impositioun 
of foiu" schilHngs upoun the pound of tobacco or intendis to take the Societie 
of this brugh to compeir within the ParUament hows . . . upoun Fryday 
the nynt of this instant [sic] and bid for the same to the effect that whosoever 
will bid maist may gett the same. 

Ordaines proclamatioun . . . commanding the haill nighbours ... to 
attend the constables . . . nightlie upoun watche of then- tour as it comes 
about to them and as they are wairned thaii'to Item tliat ilk taverner and 
inneis keiper put furth leight and lanternes befoir their doores fra foiu: 
a cloack at night to ten a cloak at night Item that thair be no swyne keipit 
within this brugh or liberties thairof Item that the haill middingis be 
removed of the hie streittis and commoun venneUis . . . within twentie 
four hours eftir publicatioun of the samen. 

Continewes the Interchainge of papers betwix the merchands and craftis 

' See p. 202 supra. ^ See p. 194 supra. 



OF THE BURGH OF EDINBURGH 217 

anent the merchand hall for the spaice of fyftein dayis qidiill the coramoun 
pas by. . . . 

Forsamekle as the veirlie fiall of the doctours of the erammer schooll [Doctors of 

^ ^ (jrammar 

of this brugh has bein hitherto but fyftie merkis be year and sieing the school.] 
said fiall is not considerable in such hard tymes and to the effect the places 
of doctours there may be the moir estemed of the counsell grauntis ane 
hundreth merkis yeirlie in augmentatioun to the said fyftie merkis yeirlie 
being ane hunch'eth punds be yeir to ilk doctour. . . . 

'2nd November 1649. 
[Price of tallow, 58' the stone ; price of candles, 3" 8^ the stone.] 

bth November 1649. 

[Certain of the Council] being conveind in counsell be my lord Provest [Legacies of 
to consider of some pious dotatiouns quhich Sir Johne Buchanan of that Buciianani 
ilk offered ^ with advyce of thair niinisteris viz M"" Robert Douglas M'' James 
Hamiltoun M^ Mungo Law M^ Johne Smyth M"" Hew McRell M^ Robert 
Lourie M'' George Hutchiesoun and M'' Robert Traill personallie present and 
efter consultatioun with thair assessours resolved upoun the agriement 
underwritten on the ane and uther pairt as foUowes That is to say the said 
Sir Johne Buchanan out of his pious zeall for the propagatioun of the 
gospell of Jesus Clu-yst is content that the soumes of money eftir specifeit 
belonging to him be imiiloyed be the Provest baillies and counsell of 
Edinburgh be advyce of the ministers for the tyme for the traineing uj) of 
able sjjiritts eftir their laureatioun in the studies of divinitie at colledges 
ather at home or abroad viz. the soume of nyne thowsand merkis of principall 
quliilk is in the Tonus handis and the haill bygaine annuelrentis thairof since 
the twelf of August i°i vi" fourtie sax yeire till the terme of Lambes nixtocum 
jm vie fyftie yeires . . . extending in the haill ... to the soume of seven 
thowsand fy ve hundreth thriescoir jjunds As also the soume of thrie thowsand 
merkis awand be umquliill Dame Marie Stewart Countess of Marr and the 
bygane annuelrentis thairof Togeather with the soume of tlirie thowsand 
merkis desponed in the handis of umqidiill M^ WiUiam Blair minister at 
Dumbartane and quhairwith the Provest baillies and counsell of Dumbartane 
or thair sessioun for the tyme have sensyn medled . . . And the saids 
Provest baiUies and counsell for thair pairt to be bund and obleist to doe 
exact dihgence for recoverie of the saids twa principalis soumes and annuel- 
rentis and the saids soumes . . . being recovered that the samen with the 
said . . . nyne thowsand merkis and bygaine annuelrentis thairof sail 

' See p. 97 supra. 



218 



EXTRACTS FROM THE RECORDS 



remaine as a stocke in the handis of the guid Towne that the profitt thairof 
may be iinployed for the use foirsaid and ... to apply the annuekent 
thairof upoun tlie educatioun of able sjjiritts in the studies of divinitie in 
maner abonespecifiet and [to] the effect the said dotatioun may not be 
interverted it is jDrovydit . . . that at the admissioun of everie student 
to the benefite of the said mortificatioun the student sail give band and 
securitie that he sail imploy four yeires upoun his studies of divinitie for 
enabUng him to the calling of the ministerie and sail imbrace the chairge 
of the ministerie c^uhen and quhair God sail give iiini lawfidl caUing then 
to refound to the said counsell of Edinburgh the haiU soumes of money 
given to him that the samen may be given to some uther student in maner 
foirsaid. [The Council also are given power to supervise the money given for 
bursaries at S' Andrews. 

The Laird of Buchanan, M' David Buchanan and any friends he may propose 
are to be admitted burgesses and gUdbrethren gratis.] 



[Excise on 
wine.] 



(Burgesses 
at Provost's 
desire.] 



7th November 1649. 

[The vintners of the Town are ordered to pay their arrears of the excise on 
wine to the collectors by the following Monday and to make regular payment 
in future, otherwise] their wynes sail be keipit at the port and reteind 
ay and quliill they make payment of quhat they are resting. . . . 

Taking to their consideratioun the many guid offices done be the lord 
Provest to the guid Towne for which they must upoun any occasioun 
give his lordsliip thankes and understanding that his lordship hes a desyre 
to have persones admitted burgesses and gildbrether of this burgh [they 
order that the following persons be admitted gratis : WUham Nisbet, James 
Stoddert, James Broun, servants to the Earl of Haddhigton, David Mylles, Johne 
Johnstoun, Alexander Douglas]. 



[Kirk of 
Restalrlg] 



IBread.] 



9th November 1649. 

Appoyntis the bailUe Johne Bynnie [and six others] to meitt and advyse 
quhat course the Counsell saU take anent the erectioun of the kirk of 
Restalrig.i 

I6th November 1649. 

Ordaines the pais and weight of the bread and pryce of the haill to be 
as folio wes viz. the twelf penny loafe of the best quheat bread to wey eight 
ounce four drop . . . the twelf penny loafe of the second sort called sour 
bread to weigh eleven ounce . . . the twelf penny loafe of the thrid sort 
called masloch to weigh ane pund eleven ounce eight drop. . . . 

[Best ale, 20'' the pint ; single ale, 10" the pint.] 

• See p. 198 supra. 



OF THE BURGH OF EDINBURGH 219 

Ordaines the Provest baillies dean of gild thesaurer witli James Borthuik iFoitmoation 
and Gilbert Somervell to advance fyve thowsand merks for the present use 
of the warkis of Leith. 

Ordaines the thesaurer to big a kill in the Watter of Leith for the use [Kiin] 
of the Touns mihres thau'. . . . 

Ordaines the baillie Johne Bynnie Robert Murray and Michaell Gibsone (Excise on 
with some of the nighbours to wait upoun the Netherbow this weik for 
incomeing of the new wyne and to lay doun the wynes at the port quhill 
the vintneris pay the bygaine excys of the samen dew to the guid Towne 
and to clos the Kowgait port and dischau-ge the incomeing thairof at 
any uther port of this brugh under the paine of confiscatioun. . . . [Other 
members of Council are appointed for succeeding weeks.] 

Postmeridiem, in Acadetnia Jacobi Regis. 
[The legacy by James Barnes is to be sought from his executors.] 

Appoyntis that the agent arreist in the Provestis handis the moneyis [Legacy.] 
he owes to Williame Rigis sone in payment of Williame Rigs legacie. 

[A Greek book is given to the library by an unnamed Greek stranger. The 
College Council order the treasurer to give him 500 merks for his journey to foreign 
kingdoms and commonwealths, of which 300 merks from the College funds and 
200 from the Town.] i 

Taking to their consideratioun the petitioun of M"" Alexander Dicksoun [stipend of 
minister at Kirkurde doe unanimousUe think fitt that he have the whoU Kiriiurde] 
teinds of the paroshe and that the CoUedge quytt any benetite they have 
therein for the use of the minister at the said kirk and that M' Alexander 
Dicksoun secuire the teinds to himself and his successors befoir the com- 
missioun for planting of kii-ks the Toun and ColJedge being alwayis frie 
of any burdein for rejjeratioun of the kirk or of any promeis or act of 
counsell maid for that pm'pose . . . and that the burdein ly upoun the 
heretours and uthers interesed in the paroshe. 

[M"' John Charteres, mmister at Currie, has his stipend settled, being 5 boUs 
15 pecks of wheat ; 24 boUs 1 peck of barley ; 27 bolls 8 pecks of meal and 6 boUs 
8 pecks of oats, m augmentation of his former stipend, being four chalders of 
victual with 400" money.] 

'2lst November 1649. 

Forsamekle as my lord Provest making report to the counsell of the [Agreement for 
desyre of the Committee of Estaittes anent a bargane to be maid be the ammunition] 
counsell with GeiUs Clawsoun skipper in Amsterdam for his arnies and 
ammunitioun for the use of the pubhct The counsell is content to agrie 
with the said Gillies Clawsoun for the arines underwrittin at the pryces 

^ See Appendix v. 



220 



EXTRACTS FROM THE RECORDS 



(Tolbooth.) 



[Town mills.] 



eftixspecifeit ... as folio wes viz. for ane thowsand and ane hundreth 
musketts with bandilers and staffis at eight pund inde eight thowsand eight 
hundreth pimd Item for four hunch-eth jjickes at foiu'tie .sex scliiUings eight 
permeis the peice nyne hundreth threttie tlirie pound .six schillings eight 
penneis [sic] Item twa hunch-eth pair of pistoUs with hulsters at twelf pound 
twa thowsand fom* hundreth pound Item fyftein thowsand pound weight 
of hnt at [ ] pound the hundreth weight is ane thousand fyftie pound 
Item eight thowsand fyve hundreth pound weight of powder at foiu-tie 
fyve pound the hunder weight tlu-ie thowsand eight hundreth twentie 
fyve pound Or utherwayis to provyd to the pubUct within the spaice of 
six weiks at farthest the same number and quantitie of amies upoun the 
conditioun following That the Committee with consent of all parties clameing 
interest give assignement to the good Toun for twentie fyve thowsand 
pound out of the first and reddiest of the band grantit be KinnuU and his 
cautioners for the fyne of ane hundreth thousand merks 2) That the guid 
Towne gett also assignement for ten tho^\•sand merkis out of the first and 
reddiest of the said band for payment to them of tliis yearis take dewtie 
of the rent of the Bishoprik of Orkney dedicat to the payment of their 
ministers stipends quhich Kinneull hes intrometted with and hindered their 
taksmen to uphft the same And (S^'e) tliat the payment of the saids twa 
soumes may be reall and effectuall the Committee to be obleist that they 
sail nawayis obstruct the payment of the said soumes or any pairt thairof 
but on the contrare to be assistant to the guid Tomi in all actioun and 
executioun upoun the said band and to concurre by their authoritie to doe 
everie thing for obteining payment of the said soiuues quliich they are 
accustomed to doe for obteining payment of jDubhct debt 4) If eftir all 
diligence the guid Towne doe not obtein payment that they have retentioun 
of so much of then- maintenance as sail be resting to them of the saids 
sowmes unpayit eftu' all dihgence done against the debtours. 

Ordaines the guicbuan of the Tolbuith and his servandis to resave such 
prisoneris from the bailhes of Portsbm-gh and their officeris as they sail 
send in under their hand\vritt bearing the caus and obleisment for inter- 
tainement and lykwayis to send them bak at their ordour as they sail 
requyre payand the dewes of the hous if the pah'ties be able. . . . 

Grauntis to the horsmen serving the milnes at the Watter of Leith 
fjrftie poxuids be yeir for the Touns pairt for there serving there and their 
housis as they had the last yeir. . . . 

[The treasurer of the kirk rents and the treasurer of the kirk sessions are 
to pay the ministers' house rents for the Martinmas term and m future, paying 
each a half from the kirk rents and annuity respectively.] 



OF THE BURGH OF EDINBURGH 221 

2?>rd November 1649. 

[Pa^yment is to be made to Robert Trotter of the money dne to him by his 
contract with the Town.] 

mth November 1649. 

[The Cotmcil and extraordinary deacons being convened, in consideration of 
the engagement of tlie Committee of Estates witli regard to payment of the arms, 
the Council order a bond to be given to Matthias Lulles and William Davidson, 
merchants in Amsterdam and Geills Clawsoun, skipper there, for the sum of 
21,275" as follows: 791" 13^ 4^ at Candlemas next and 14,183" 6' 8" at Whitsunday 
next following.! 

Bond is to be given to four merchants who have advanced the money to 
pay James TaUfeir, viz. 6874" 1^ for the copper and 1,125" 19^ for roofing the 
Tron Church with it, being 8,000". 

The Magistrates and Council, being threatened with horning for non-payment 
of their monthly mamtenance, give bond for payment of 20,000" thereof at 
Whitsunday.] 

Appoynti.s James Clelland chirurgian ane of the Counsel] to goe to [Xew 
DalserfF and Cathcart with ane of the elderis of the kirk sessiouns . . . ""'"'"^■'^ I 
for M' Fraunces Aird ^ and M"" Johns Carstaires ^ twa of the ministeris 
designed for this brugh be the Commissioun of the kirk. ... 

ZOth November 1649. 

[The Council and extraordinary deacons] Ordaines the dean of gild and (Dutch skipper 
his counseU to admitt . . . Joas Blok captane of ane of the Hollands "'^'^''^' 
.shipps to be burges. . . . 

Forsamekle as the Committee of Estaittes . . . hes imposed upoun (Pay for 
this brugh thrie hundreth eightie thrie pounds money as the Touns pro- i?eiami.]™™ 
portioun of a monethis pay for the officeris and souldiers come from Irland 
. . . and hes assigned that proportioun among uthers to Captaine Henrie 
Sibbald his company for their pay [the treasurer is to pay the same and] 
the said captaine to obleis himself to pay the nighbom's anything awand 
be the sodjeris of his companie. 

5/7i December 1649. 

[The Council and one of the extraordinary deacons appoint John Halyburtoun 
slater to the Town's public works during their pleasure. 

The Council having promised to give the freedom of the burgh to four slaters 

* See Appendix vi. 

- Member of the Commission of General Assembly in 1649. There is no mention of him 
as being considered by that body as a possible minister for Edinburgh (Proceedings, ii., 
p. 299). 

' Three weeks later the Commission refused his transportation from Cathcart (Ibid., p. 331). 



222 



EXTRACTS FROM THE RECORDS 



[Cushion for 

Lord 

President.] 



gratis, the dean of gild is ordered to admit Patrick Hepburne as one of the 
four.] ^ 

Ordaines the thesaiu-er ... to take alsmuche purpell velvit as will 
be ane great couscheoun and great cloth to the president of the lordis of 
Sessioun and to fiirneis the same with a rich freinye of gold. . . . 



1th December 1649. 
[Gratuity to [The Council and extraordinary deacons] Understanding the giiid service 

gate.] of M"" James Logane clerk of the Cannogait specialhe in giveing probable 

overtures for improveing the rent of the Cannogait . . . doe heirby give 
and allow to him for all the dayes of his lyftpne ane thowsand merkis 
yeirUe out of the first and reddiest of any new augmentatioun of the Touns 
rent in the Camiogait. . . . ^ 



(Debts due for 
Engagement.] 



[Chxuch at 
£estalrig.] 



[Churcii at 
Tron.] 



V2th December 1649. 

Forsamekle as the counsell understanding that some of the creditoiirs 
of the fourtie thowsand pound borrowed for the lait unlawful! engadgment 
are sueting executioun upoun their bandis And haveing taken in considera- 
tioun the act of the nyntein and twentie of October i"" vi^ fourtie eight 
quhairby the actis concerning the borrowing of the saids moneyis are 
disclaimd and repealled Thairfoir they doe unanimouslie adhere to the 
saicUs actis and find themselffis obleidged thairby to defend themselffis 
and the nighbours by aU legal wayis agains the payment of the saids soumes 
or any pant thairof.^ 

Report being maid be the lord Provest that the coiaference with the 
subcommittee of the Committee of Estaittes concerning the erecting of 
a new kirk in Restakig wes not lyk to tak effect Thairfoir the counseU 
with advyce of their assessours gave warrand to the Provest and baillies 
in their name to protest and appeaU to the Parliament incaice the Committee 
of Estaittes repeall there defences and give sentence agains them and the 
toun of Leith upoun the reasoun conteind in their defens. 

[The stipends and house rents of M' Hew McKell M' Robert Traill and 
M'' George Hutchison are to be paid by the treasiu-er to the kirk sessions from 
the annuity.] 

I'dih December 1649. 

Agries with Johne Scott master \\Tight to make all the scaffolding for 

serving the theiking of the kirk at the Trone and to big ane loft betwix 

the great door and the piUares quhairof the face and sydes sail be of wainscott 

and lykwayis to big a porche under the same opening with twa dooris and 

1 See p. 209 supra. ^ See p. 214 supra. ' See pp. 175, 177 supra. 



OF THE BURGH OF EDINBURGH 223 

tua side doores and to floor the stones of the steiple . . . and the haill 
warke to be done betwix and the tent of Marche i"" vi^ fyftie and that for 
the soume of eight hundreth merkis money . . . and heirby it is to be 
rememberit that the flooring of the second lofting quhilk is akeddy floorit 
and layed is without and besyde the bargane abonewrittin but that he is 
to be payit thairfoir besyd the said agriement. . . . 

21st December 1649. 
Forsamekle as M"^ Robert Douglas and some uthers of the ministeris [Arrangements 

^ for new 

liaveing represented the resolutiouns of Thomas Moodie of Dah-y for building ehurch.i 
new kirk witliin tliis cittie and hes destinatioun of the soume of twentie 
thowsand merkis for that pious warke and for his encouragment to so 
guid a wark desyreing earnestlie from the counsell these few partioullares 
foUowing might be graunted and assured to him Thairfoir the Provest 
baillies and counseU . . . doe declau- (1) That lie sail have power ... in 
any quarrell witliin the liberties of the guid Towne to win all sortis of stones 
for building of the said kirk (2) That the nighbours of this Toun sail be 
assisting to him for redding the face of the said quarrell for the said warke 
as he sail have neid and that the magistrattis sail concurre with their 
authoritie for that effect (3) That he sail have a seatt in the isle in the said 
kirk appropriat to him and his successours for evir as he saU think fitting 
to frame the same to quhich they saU have ane entrie by a door in the isle 
without the kirk and the kie tliairof to be keipit by such as he and liis 
foirsaids saU apjjrove (4) That he sail have preference befoh all uthers of 
the buying from strangers all maner of timber necessarie for that warke 
(5) That the sonnies of money adebtit to the said Thomas be the guid Towne 
saU be jjayit thankfulhe at Witsounday i"" vi^ fiftie ane witli the interest 
thairof that the samen may be imployed upoun the said warke And further 
the counsell being verie sensible of so pious ane intentioun for the guid of 
tills brugh and the furtherance of the gospell thairin doe appoynt the baillies 
Johne Byiinie and Robert Lockliart and James Rucheid to goe to the said 
Thomas and present unto him the lieartie and thankfull acknowledgment 
of this counsell for his bountie toward so guid a warke quhilk sail be recordit 
to posteritie to his perpetuall commendatioun. 

[M"" Robert Young, mmister at Dunibaniy, is granted an augmentation of 
stipend of 200 merks yearly with 30 merks for the communion elements.] 

mth December 1649. 

. . . Appoyntis Johne Scott master wright to clos in the passages about [Passages 
the great kirk with revelles at tlie head of the Lady steps kirk styU and Great Kirk.] 



224 EXTRACTS FROM THE RECORDS 

Tolbuith gaite and about the Kirk at the Trone and Parhament yaird and 

uther places neidfull. . . . 
[Petition to Appoyntis the baillies Johne Bynnie and Robert Lockhart and James 

loanTor'"'^ ° Borthuik to goe in witli a petitioun frome tlie counsell to the commissioun 
ngagemen .] ^^ ^j^^ General assemblie and crave their resolutioiin whither they sould 

be frie of the payment of the fourtie thowsand pounds. . . . ^ 

[Neighbours of the Town residing m Leith are ordered to leave that place and 
take up residence m the Town before P' February next under penalty of a fine 
of 500 merks for the first lapse and 1,000 merks for the second.] 

28th December 1649. 

[M"' Thomas C4arvin is admitted as colleague to M' James Hamilton in the 
south parish church. 

The agreement between the treasurer of the College Kirk and John Scott, 
master wright, is approved, whereby Scott is to jirovide seats, repair the ministers' 
and elders' seats and those for clu-istenuig and marriage before 20"> April 1650, 
providing all materials but ironwork for the sum of 1,200".] 

31st December 1649. 

[Act of Com- Forsamekle as be ordour of the counsell of the twentie sixt of tliis instant 

™sembi? as to the bailHes John Bynnie and Robert Locldiart and James Bortlmik deaken 
Engagement.] of the cliirurgians were appoyntit to goe in with a petitioun from the counsell 
to the commissioun of the General assemblie and crave their resolutioun 
quhither they sould be frie of the payment of the fourtie thowsand pound 
Quhilk ordour wes obeyed and a pettitioun presented be them in name of 
the coimsell to the Commissioun upoun the twentie seventh of tliis instant 
and the resolutioun of the Commissioun delyvered bak to them thairupoun 
of the said dait Quhilk jjetitioun and resolutioun of the Commissioun of the 
Generall assemblie the counsell ordaines to be insert and registrat in the 
counsell bulk ad futuram rei memoriam Quhatrof the tennour foUowes 
To the right reverand the Commissioun of the Generall assembhe the desyi'e 
of the lord Provest baiUies and counsell of Edinburgh humbUe sheweth 
that quhairas there are some persones that seik payment of some pairt 
of the fourtie thowsand pund borrowed be the Magistrattis and counsell 
for the tyine for the lait unlawful! engadgment and are sueting executioun 
of their bandis agains us who did pettitioun agains the borrowmg of that 
money and quho since have disclaimd and repealled all actis maid to that 
purpose and have vowed and promised befou' God to doe no thing that may 
make us or this Toun accessorie thauninto It is thairfoir our humble desyre 
to be resolved by your worsliips whither in conscience we sould pay any 

1 See p. 222 supra. 



OF THE BURGH OF EDINBURGH 225 

pairt of the saids soumes or if rather we soukl not legallie defend our selffis 
and this brugh from payment thau'of And that yow may be pleasd to 
assisst us befoir the lordis of Sessioun and any uther judge competent for 
our hberatioun. Followes the answer to the said petitioun Edinburgh 
tweiitie seven Decembris i™ vi^ fourtie nyne ^ Concerning the caice proposed 
unto the Commissioun of the Generall assembUe by tlie Provest baillies and 
counsel! of Edinburgh quhither the saids Provest baiUies and counsell sould 
in conscience pay anie pairt of the foiu'tie tliousand pund borrowed be the 
magistrattis and counsell of EcUnburgh for the tyme for the lait unlawful! 
engadgment It is the judgment of the Commissioun that the Provest 
baillies and coiuisell of Edinburgh quho propones this case sould not in 
conscience pay any pairt of the foirsaid soume nor interpose thaii- authoritie 
for jjaying of the same but in regaird of the sinfuhies and unlawfuUnes of 
the said Engadgment and im'egaird of than 23etitiouns against the borrowing 
of that money and inrespect of than disclaimeing and repealhng all actis 
maid to that purpose and of thair vowes and promises befoir God to doe 
nothing that may make them or the Toun of Edinburgh accessorie thatrto 
they are bound in conscience not to be accessorie to the payment thairof 
unles they would involve themselffis in the guilt of accessioun unto and 
complyance with the lait unlawful! Engadgment and make open professioun 
befoir the world tliat they have not bein real! in tliair petitiouns and tliat 
they have but mocked God in their former vowes and promises Quhich 
yet is not to be understood as if we thairby meant to obstruct any just 
and legall persute that the creditours may have agains any particuUar 
persones qulao were instrumental! and active in borrowing the same. Sic 
subscribitur A. Ker.^ 

2nd January 1650. 

[A committee is appointed] to meitt and conferr witli tlae ministeris [Restairig.] 
to be appoynted be tlie presbytrie anent the provisioun to the ministerie 
of Leith and anent the erectioini of a kirk in Restairig. . . . ^ 

1 Froceedinys of tlic Commission oj the General Asseinbly, ii., p. 336. 

'- But- see pp. :298-302 infra, showing that the debt contracted by the Magistrates and 
Council was found to remain an obligation to be met. 

2 See pp. 198, 218, 222 supra as to Restairig. The question as to Leith was tiie settlement 
of the sources for the ministers' stipends. See South Leitli Records (Fust Series), pp. 86, 89-91. 
An act of Parliament of 27th June 1649 {A.P.S. vi. (2), p. 441), upon a petition from the 
Presbytery of Edinburgh that Leith had 3,000 conununicants and only two ministers, of 
whom one had no settled maintenance, empowered the Provost and bailies of Edinburgh 
or the bailies of Leith to take up a list of house rents and report to the Committee of Estates. 
The Act recommended to that Committee to grant an annuity of not more than 6 per cent, 
of every 100 merks of rent for the stipends. 



226 



EXTRACTS FROM THE RECORDS 



[Sir Thomas 
Hope's legacy. 



7th January 1650. 

[The College Council meeting in the College.] 

Under.standing that my lord Craighall offeris for payment of his fatheris 
legacie to give besyd that thowsand pund another thowsand pund he 
getting payment of twa hundreth pund sterhng with the annueh-entis 
thairof from the publict doe thairfoir desyre that he may be agried within 
thii- termes that for fyftie pound sterhng to quyt the pubhct band of twa 
hundreth pund sterhng and that im-espect the generall commissar promeises 
to give ane thowsand pund to tlie C'olledge and the uther thowsand pund 
to give assignement to alsmuch publict moneyis for payment thairof.^ 



[Ministers 
called.] 



[Fortifications 
of Leith.l 



[Burgess.] 



9th January 1650. 

[The Council and extraordinary deacons] Appoyntis James CleUand . . . 
to goe to the west with Hew Boyd sent from the sessioun for M'' Johne 
Miu-e minister at Newmilnes and M"" Thomas Wyhe minister at Machan 
and sicklyk appoyntis Robert Murray to goe with M^ Johne Pringle from 
the sessioun for M'' Johne Sterling minister at Baro and to sie the sumonds 
execute agains them and the parochiners. . . . 

Appoyntis Robert Lockhart baiUie to goe to Cohngtomi for M'' Thomas 
Garvin minister and desyred be the Commissioun of the Generall Assembhe 
for the use of the guid Towne. . . . ^ 

Appoyntis the committee of the fortificatiouns of Leith . . ..to agrie 
with Johne Milne maister masson anent the bigging of the stane warke 
thair be the rude or uther wayis. . . . 

Ordaines the dean of gild and his counseU to admitt and resave Johne 
Inneis servitoiu: to umquhiU Captaine Lues Dick sone to mnquiiill [sic] 
Sir WiUiame Dick of Braid knycht to be burges for payment of the ordinar 
dewes thanof and the dean of gild to repay the same and disjDens with his 
armes silver and uther dewes . . . and this inregaird of the great respectis 
the Counsell caries to the requeist of the said Sir Williame. . . . 



[Begging.] 



llth January 1650. 

[The Council and extraordinary deacons] Statuttis and ordaines that 
nane be fund begging fra door to door nor upoun the streitts under the 
paine of being laid in the Correctiomi hows but such poor as are paroshineris 
to have supijlie of the kirk sessioun And siclyk dischairges the nighbours 

' See p. 189 supra. 

' The Committee of the General Assembly refused Uie tran.sportatioii of Mr Wyllie from 
Mauchline, but consented to tliat of Mr John Stirling (vol. ii., p. 257), botli on 14th February 
1650. Mr Tliomas Garven became a minister of the Town. 



OF THE BURGH OF EDINBURGH 227 

of this brugh to give any almcs 1o huoIi coininonn beggars aitlier at their 
dooris or upoun the streitts under tlie paines conteind in the actis of 
Parliament maid thereanent. [Heritors and landlords are forbidden to set 
houses to or receive in their houses any beggars not on the Session's roUs of the 
poor of the parishes.] 

Forsamekle as the counsell taking to their consideratioun the great (statute, 
iniquitie of regraitteris especeallie of iiieillmakeris resorting to the meill- meai.j 
markit of this brugh deartliing the victuall tliere by liowsing great store 
thairof witliin tlie custome hows of the meillmarkit and uther places and 
liousis thairaboiit keiping up the same a long tynie togeather and so pinching 
and trailing the niercattis that notliing comes in but such a quantitie as 
they pleis qidiarrby the poor of the Cittie are heavilie prejudged be thair 
meall at ane extraordinarie pryce and the guid Towne disapoyntit of thair 
customes [therefore it is statute that no meal be kept in the customhouse 
longer than from one market day to another and that no one sell victual before 
it is presented to the market and has paid customs under the pam of 
confiscation]. 

Taking to theii' consideratioun the ruinous estaite and conditioun of [Repair of 
severall tenementis of land in the foirgait of this brugh quhilk have not 
bein inhabite of many ye ires bygane standing in the publict view of all 
people resorting to this brugh to the opprobrie thairof and conimoun scandle 
of the Kingdome and lykwayis considering the tlii-ettie fyve act of the 
tlirid Parliament of our uraquliill soverane lord King Charles . . . anent 
the reparatioun of ruinous housis witliin brugh ^ ordaineing the provest 
and baillies of the brugh quhair such ruinous housis are to caus wau'ne 
and chairge all persones that hes or pretends right to the propertie of such, 
landis or biggings or any annuelrents furth thairof to cause big and repair 
in ane decent way such housis and biggings as hes bein seven yeires waist 
and not inhabite or els to sell the same to be biggit witliin the said spaice 
of yeir and day with certificatioun to them and they faillie that the Provest 
and bailUes caus the saids landis to be valued and sett the saraen to any 
that will buy them paying the pryce thairof to the owneris or els to cast doun 
the same and biggit [sic] for their awin use . . . [therefore the gUd officer is 
to warn any who have such rumous property on the High street to ajDpear before 
the CouncU on the following Wednesday. 

The stipend of M"' David BassUlie, mmister at Corstorphine having been 
increased in terms of the recent act of ParUament, the Town's proportion of the 
increase is arranged.^] 

1 This act of 27th July 1644 {A.P.S. vi. (2), p. 227) was appUcable to all royal burghs 
having ruinous houses. A similar act was made in the 3rd session of the first Parliament 
of Charles II. The act could be applied to all houses, waste and uninhabited for tlu-ee years, 
in future. 

^ See pp. 12, 52, supra. 



228 



EXTRACTS FROM THE RECORDS 



[Rents of 

College 

Chambers.] 



[Professor of 
divlmty.] 



[Scholars and 
burials.] 



lUh January 1650. 

[Afternoon, meeting of the College Council. 

M"' Robert Douglas, minister, is elected rector for the year to come.] 

It is appoyntit that the maiUes of the chahneris of the Colledge sail be 
sett to the schooleris yeu'lie at the rates following viz. lUi high new chaliner 
for twentie merkis iUv laich new chaliner ten pounds ilk aidd high chahner 
for ten punds and iHv old laiche chahner ten merkis. . . . 

The Rector and his counseU and masters of the Colledge electis 
unanimouslie Mr David Dicksoun professour of divinitie in Glasgow to 
be professor of cUvinitie in this Colledge. ^ 

Taking to their consideratioun the frequent invitatiouns of the scooleris 
of the Colledge to commoun buriells quhairby they are much hindered of 
their studies . . . ordaines that no invltatioun be respected nor the 
schooleris be permitted to goe to any burriell without consent of the Toun 
Counsell ... or Counsel! of the Colledge. ^ 



[Sale of vnne in 
Portsburgh.] 



[Fortification 
of Leith.] 



[Rail at Lady 
Steps etc.] 



16th January 1650. 

[A committee is appointed] for regillatting the venting of wyne and 
topping of aiU within the barronie of Portsbm-gh and to condiscend upoun 
the numberis of vintneris and topsteris there and to impose a yeirlie dewtie 
payable be them to the guid Towne for their liber tie. 

[An agreement is made with John Milne, master mason for the fortification 
of Leith in building the wall on the sea front. The Covmcil is to have all 
building material carried to the spot] and that they sail begin the fimdatioun 
of the said wall from the place cjuliair it left of and sail build the same to 
the bulwarke westward and from the said biilwarke alongst the bak thairof 
southward to the stane bulwarke quhilk is at Ramsayis fort and sail close 
thair the new warke with the said staine bulwarke and that the faice of the 
said stane waU sail aU be brotched stone according to the same forme and 
maner as is alreadie done lykwayis the said wall sail be continwed of the 
same thicknes and beatreaches upoun the bak of the said wall all alongs 
to the said bulwarke of the equaU hight the outmost pairt of the said 
warke is aUreadie buildit and saU make the haill wall levell thairwith . . . 
for the soume of nyne thowsand merkis. . . . 

Report being maid this day be the baillie Jolme Bymiie . . . anent 
thair agriement with Johne Scott master wTight for bigging of a raill at 
the lieid of the Lady steps conforme to the di'aught thairof and for closing 



' Sanctioned by the Commission of the General Assembly on 16th February (Proceedings, 
ii., p. 360). 

^ Thus reviving their act, passed on 3rd July 1635 (Extracts, 1626-41, p. 164). 



OF THE BURGH OF EDINBURGH 229 

of the style and passadge betwix the Tolbuith and bitterage of tlie Kirk 
all of aiken timber for the soume of thrie hundreth merkis money for 
furnishing of timber and warkmanship . . . the counsell approves 
thairof. . . . 

I8th January 1650. 

[The Provost and a committee arel to visite Colonell Rae and to make [Payment of 
him ane offer of four tliowsand pund money and to releiv hnn oi Alexander arrears.] 
Pennycuik chirm-gian liis persuit agains the said ColoneU for another 
thowsand pounds and that for liis guid service in England as colonell to 
the guid Toune and in satisfactioun of his areu-es . . . with certificatioun 
if he refuis that the counsell wiU pas fra it as if they had nevir maid ane 
offer to him. . . . 

[By act of the Committee of Estates there is imposed on the Town as its 
proportion of the pay of six Irish companies for one month 766". The baiUies 
are to pay this out of the first and readiest of the extent.] 

23rd January 1650. 

[A committee is appointed] to meitt with the subcommittee of Estaites [Eari of 
and consider upoun the laird of Glenurquhy and Auchinbreks desyres Estate.] 
anent the assignement grauntit to the guid Towne upoun the Earle of 
Kinnules fyne. . . . ^ 

[M'' Thomas Garven, new minister in the burgh is admitted burgess and 
gildbrother gratis. 

A committee is appointed] to meitt with the nighbom's and advys (Gmerai 
quhat argmnentis may be devysed agains the generaU searcherie and to 
look out the actis of burrowis and their paperis to that effect. ^ 

Appoyntis the Provest baillies witii some of the deakens to be at the [West kia.] 
West Kirk the morne anent the electioun of a minister in place of M"" Williame 
Arthour. . . . 

25th January 1650. 

[A committee is appointed to meet] the kirk sessiouns ... at convenient [stranger poor] 
dyotts weiklie for taking course with strangeris poor and removeing them 
furth of this brugh to tlie nighbour paroshes that they may be transportit 
from paroshe to paroshe quhill they be sent home to their awin jjaroshe 
where they were borne. 

• See A.P.S. vi. (2), p. 531, where, in 1649, an act in favour of the Lairds of Glenui-quhy 
and Auchinbrek for lO.OUOIi from the fines of the Earls of Kinnoull and Seaforth. See p. 220 
supra. 

' See pp. 18, 139 supra. The Records of the Convention cannot have proved of much 
assistance. While the " King's searcher " is mentioned, no exception seems to have been 
taken to such an official and there is no reference to the general searchery. 

p2 



230 



EXTRACTS FROM THE RECORDS 



[Ministers of 
Leitli.] 



(Town Wall.] 



30th January 1650. 

[Authority is to be given to the factors of the Earl of Wemyss to pay to 
M"' Harry Wilkie, mmister at Wemyss the augmentation granted to him from 
the dues owed yearly by the Earl to the Towii. The augmentation is 300 marks 
of stipend and 50 merks more for communion elements. 

The sum of 4,088" is to be paid to Lieut. General David Leslie from the 
maintenance.] 

1st February 1650. 

[Permission is given to Sir James Murray of Skirling K' and Robert Murray, 
merchant, to build a tomb for their late father, Robert [sic] Murray, merchant, 
beside the tomb of the late William Mauld.] ^ 

[A committee is appointed] to meitt in the eftirnoone with the nighbours 
of Leith witliin the laiche couiisell hows anent the provisioun for stiepend 
to the ministeris of Leith. . . .'^ 

Appoyntis the dean of gild thesam-er and Johne Milne master massoun 
to visite the Touns wall in Leith wjaad quhilk is fallen doun and to report. . . . 



6th February 1650. 

(Excise.) The counsell taking to consideratioun the offerris of the coinmissioneris 

of excys doe accept of ane thowsand pounds per mensem offerred for the 
pettie excys graiintit to the good Toun for their chairges upoun the 
fortificatiouns of Leith for bygaines and in tyme comeing provyding the 
Toun Counsell get sufficient securitie for payment of the said soume for 
bygaines and in tyme comeing ay and quhill they be satisfied of their 
debm-sementis upoun the said fortificatioiuis. . . . 



[Ministers and 
professors.] 



[Proclamation, 
bread.] 



8th February 1650. 

[A committee is appointed] to deall with the commissioun of the kirk 
for ministeris to this brugh^ and professours to the Colledge and anent the 
provisioun for the ministerie of Leith. . . . 

[Proclamation is to be made commanding landward bakers to sell no 
bread but 12'' loaves of 10 ounces weight and 6'^ loaves of 5 ounces] Item 
becaus the mainshotts of flowr fadges fowatts fardells reid baps counter- 
fitt bunis yellow coattis and sicklyk bread keips na pais nor weight quhaLrby 
the hedges are deceivit [the sale of such is forbidden 

A similar proclamation is to be made for Town bakers. 

1 See IVtaitland's History of Edinburgh , p. 190. Thie name was James, on the authority 
of the Burgess Roll. 

^ See p. 22.1 supra and note. 

^ The Commission of the General Assembly on 18th February refused the transportation of 
Mr John Nevoy {Proceedings, ii., p. 361). 



OF THE BURGH OF EDINBURGH 231 

Colonel Rae is granted 5,000 merks from tlie maintenance money in full of 
all he may claim from the Town.] ^ 

Uth February 1650. 

[Peter Braikman, skipper of Peter Gerkome'a ship belonging to Campvere, 
is made burgess. 

Alexander WUkieson, son of Alexander WUkiesone, baUie, burgess of Lauder, 
who was apprenticed to Archibald Ker, merchant burgess of Edinburgh in 1643 
is admitted burgess and gildbrother although his indentures had not been booked. 

A committee is appointed] to consider quhat is fitting to the counsell [Canongate.i 
to graunt to and to requyre fra the Cannogait in the presente differences 
and to report theii" opiniouns. . . .^ 

[Alexander Pennycuik, surgeon, is to be admitted gildbrother gratis.] * 

20th February 1650. 
[A committee is appointed] to raeitt with the ministeris and assessours [Mortifications 

'- L L -i belonging to 

anent the mortificatiouns dotted to the Colledse and Toun of Edinburgh college and 

1 f 1 1 1 1 Town.] 

for ministers stiepends quhilk is likelie to be takin out of tlieii- handis be 
the Commissioun of the Kirk for the use of the ministeris of the jiaroshes 
quhair the teyndis ly to the hurt and prejudice of the guid Towne and the 
ministers of the brugh quho sould be susteind thairby and to advys with 
them quhat sail be the guid Touns behaviour thairin. ... * 

27th February 1650. 

[The Provost and James Borthuik are elected commissioners to the ensuing 
ParUament and particular Convention of Burghs, with James Rucheid and Gilbert 
Sommervell as their assessors and proxies in case of absence.^ 

The Council approve the report of the committee appointed to settle the [Rules for 
Trinity Hospital and its rules, as follows] Imprimis that the masteris of the Trlnfty^™'^'' 
hospitall goe on as they were apjjoynted formerlie in prepaireing the °'*'" 
kitcheing calseing the selleris or pavementing thairof with ane syre goeing 
tlirow the middle of the samen and prepaireing of ciiimneyis and tables 
Item to try for some sufficient pairtie ather man or woman for taking in 

^ See p. 33 supra for date of his appointment and p. 229 supra. 

' The " differences " related to the existence of the Canongate Council, to which, as an 
independent body, the Town Council took exception. 

' See p. 229 supra. 

* The Commission of the General Assembly on 23rd May 1650 petitioned Parliament, among 
other things, that '' the power of the Commission for plantation of kirks may be renewed . . . 
and with expresse power also to provyde these Ministers of these parodies whereof the tythes 
belong to Universities, hospitalls and uther pious mortificatiouns, without prejudice or 
diminutioun of the rents and benefits belonging to these Universities, hospitalls and pious 
mortificatiouns . . ." It apparently was this power which the Town Council dreaded. 

' No particular convention is recorded till May 1650 {Records of the Convention of Royal 
Burghs, ii., p. 355). 



232 



EXTRACTS FROM THE RECORDS 



[Coal in 
Broughton.] 



boord these quho are put in to the hows at the rait of ane hundreth and 
thriescoir punds be yeir and the washing of thair cloathes to be includit 
tliairin and that they may have thrie maills in the day And that the coall 
and candle be furnished to the undertaker be the thesaurer of the hospitall 
out of the rent thairof Item that all those who comes in to remain in the 
hospitall bring with them theii- beddmg and full plenishing and uther meins 
if they have any and to leiv the samen to the use of the hospitall Item 
that the rent of the hospital sail cleid them at everie necessar occasioun 
provyding they have na uther way for procureing the samen Item that 
ane expectant be agried with for useing of morneing and evening exercise 
to them Item that nane be admitted to the hous but burges men or binges 
wyfs single persones and burges batrnes of guid report at the sight of the 
counsell and be thair electioun Item that twys everie weik and oftner 
(if neid be) the masteris of the hospitall repan there and sie that the wholl 
persones gett sufficient interteinment Item that ane of their number per 
vices be appoynted for keiping of the keyis for closing of the dooris at evening 
and opening it at morning and for the delyverie of the kejds at night to 
those who saU have chairge of the hows Item that nane gett any meins out 
of the hospitall rent but onhe such persones quho sail remain within the 
hospitall. 

Ordaines the thesaiirer of Heriottes hospitall to imploy men and wark- 
loomes for setting doun ane eye in Broghtoun for seiking a coall tliere. . . . 



[More congre- 
gations.] 



lEeUs.] 



1st March 1650. 

[A committee is appointed] to meitt with the ministeris on Monday 
nixt at twa eftirnoone anent the motioun of the ministers for divyding 
the Toun in mae congregatiouns and appoynting places for them to preache 
in and about ane new assemblie hows. . . . 

Appoyntis the dean of gild to cause make new stocks to the beUs of the 
steiple that neids the same and to provyde great aiken timber tries and 
jeists to be put up there in place of these that are faultie. . . . 



(Women 

taverners.] 



[Pension.^ 



&th March 1650. 

Taking to consideratioun the manifold evills that falls out within this 
brugh be woemen taverneris and the fearfull sinns committed be them and 
the many actis and statuttis of this brugh maid agains them of old and 
the actis of the kirk of lait [they order all vintners to remove their women 
taverners before Whitsunday and to procure boys for their work]. 

Grauntis to M^ Johne Boog burges and gildbrother of this brugh dureing 
his lyftyme ane hundreth merkis money yeirhe inrespect of his necessitie 



OF THE BURGH OF EDINBURGH 233 

he being a scliooler and a student of the mathematiques and a burges and 
a burges bairne of honest degrie. . . . ^ 

mh March 1650. 
Appoyntis Johne Lawder to goe with these of the Sessioun to Craill for [Commissioners 

^^ to miTiistiPrs 1 

M'' James Sharp minister and Robert Murray to Baro for M^' Johne 
Sterhng. . . . ^ 

nth March 1650. 
Appoyntis the baillie Robert Lockhart and tlieir Clerk to meitt with the [Womc-n 

... . » , taVITllCTS.] 

raimstens concermng the changing of the women taverneris. . . . 

Appoyntis ... a committee of the counsel! for considering the over- (Profossor or 
tures proponed be my lord Register for estabUshing professors of the lawis 
within the CoUedge. . . . 

Report being maid be the bailhe Johne Bynnie anent the offerris maid [^ft'"'";,'''. 

^ ° *' Trinity Hos- 

be him be order of the counsell to Bessie Hutchiesoun relict of umquhill k'^'H i 
Jolme Daviesoune tailyeour for furnishing of the hospitall at the fute of 
Leith wynd upoun the termes following viz. that the said Bessie sail get 
foiirtie pundis money for ilk persone in the quarter for their meat drink and 
clothis washing Item that tlieii- sail be twelff persones in the said hospitall 
to begin withall Item that thair sail be coall and candle laid in to furnishe 
her and them honesthe to try it so for the first yeir Item that the bed and 
bed clothis sail be brocht in be the persons presented thairto for fiu-nishing 
of themselffis thairwith Item that thair sail be allowed to her ane hundreth 
merkis yeirUe for intertening and balding of thrie servandis viz. a cook 
and twa servand woemen ane for washing of clothis and the uther for 
making of beds Item that she sail have the yaird for furnishing of herbes 
to the kitching and that the cuik and gairdner be one man Item that the 
utensiles belonging to a kitchen sail be furnished as pottis panns speitts 
raxes plaittis trenchers and uther necessars upoun inventar and that she 
sail liev the same in als good conditioun as they are furnished at the sight 
of the Masteris And tliis conditioini to continue dureing the counsells 
pleasoure and her good cariage in the chairge and that the counsell wiU be 
laith to change her so long as she is able to serve and so soone as she sail 
become infii-me and not able to cUschairge the dewtie that she sail be ane 
of the number herselff The counsell approves of the foirsaid rejiort and 
appoyntis the baillie Johne Bynnie to settle fulhe with the said Bessie 
Hutcliiesoun ujDoun the conditiouns abonewrittin and dischairges Johne 

' See p. 216 supra. He is entered in the Burgess Roll as a student and only son of the 
late John Boog, merchant. 

^ The presentation of Mr John Sterling is not recorded in the proceedings of the Com- 
mission of Assembly. Sharp was to be Archbishop of St Andrews after the Restoration. 



234 



EXTRACTS FROM THE RECORDS 



(Professor of 
divinity.] 



Hendersoun to have any mair weiklie allowance furth of the said hospitaU 
and the counsel! thinks fitt that thair be ane expectant to say preyeris 
and catechise the persones thah' qulio sail have his interteinment in bed 
and boord in the hous and fyftie pundis money quarterhe. 

Appoyntis Johne Denhame to goe to Glasgow for M"" David Dick quho 
is chosen professor of divinitie in tlie Colledge. . . . ^ 

[Robert Lockhart is sent with the ministers and elders from the Session and 
presbytery to the Provincial assembly of Fife to insist m their calling of M'' James 
Sharp, minister at S' Andrews [sic].- 

M'' John Sterling, minister, is to be received burges and gildbrother gratis.] 



[Crafts of 
Canongate.] 



Zrd April 1650. 

[A committee with the Provost as supernumerary is appointed] to resave 
any prejudices the crafts can show agains the ratificatioun of the seaUis 
of caus to the craftis of the Canogait and every deaken is to give in the 
prejudices their particular craft suffer thairby and the committee sail report 
thes prejudices to the counsell with their opiniouns of the remedies thairof 
betwix and the twentie fourt of this instant moneth of Apryll And the 
counsell appoyntis the baiUie Johne Denliame to gett againe the haill sealls 
of caussis fra the craftis of the Canogaitt and to caus compeir them with 
the copies the clerk hes befoir this committee upon Fryday nixt. 

pM'' David Dick is to be received burgess and gildbrother gratis.] 



[Beadle in 
Lady Tester's 
Church.] 



[Maintenance.] 



5th April 1650. 

Resaves Johne Craig lait servitor to the right honorable imiquhill 
Dame Margaret Ker Lady Yester to have the keiping of the keyis and serve 
as beddell in the said noble Lady Yester her kirk newhe built within this 
brugh ^ dureing his lyftyme upoun [ ] of his dewtifull behaviour good 
cariage and service in the said place and this inrespect of his long service 
with the said noble Lady and this Lady desyre of the bailhe Robert Fleyming 
thairanent quho wes intrustit with the caire of the building of the said kirk 
for the tyme. . . . 

[A committee is appointed] to calculat the maintenance fra October 
jm vie fortie and aught to Aprill i"" vi<= fyftie and to tak ane accompt of 
the Collectoris quhat they have collected and payit to the Commissarie 
thairof. . . . 



1 The Commission of the General Assembly refer to him as Mr David Dickson {Proceedings, 
ii., p. 409). See p. 228 supra. 

2 The Commission of the General Assembly had refused the transportation of Sharpe on 
16th November 1649 {Ibid., ii. p. 310). See p" 233 -iupra. 

' See pp. 42, 99 supra. Lady Yester died 15th March 1647. 



OF THE BURGH OF EDINBURGH 235 

[M'' Thomas Crawfurd, M^ James Wysman, M"' Duncan Forrester, M' Andrew 
Suittie and M"' James Pilleins, regents in the College are to be received burgesses 
and gildbrethren gratis. 

By the request of the Earl of Lothian Richard Smyth, tailor, is to be admitted 
burgess gratis.] 

lOth April 1650. 

[A committee is appomted] to speak with the ministeris concerning 
M^ Johne Sterling his comeing to the Trone kirk. . . . 

[A muster day is appointed to be held on the last Wednesday in June. 

A committee is appointed] to goe doun to Broglitoun and visite the '^j.™' '|',\o„ , 
bounds thair and such liklie places quhair the coalls may be found and 
to report. . . . 

Forsaniekle as be act of the Committee of Estats of the twelf of Marche [fii«h . 

Compames.] 

last the counsell ar clesyi'ed to advance tlxrie moneths pay to the Irishe 
companies appoynted to march northward fra the fyften of the said moneth 
of March to the fyften of Junii nixt to cum . . . being tlirie hunder fourscoir 
aught pund per moneth thairfoii- . . . ordaines the baillie Robert Lockhart 
upon sight hierof to advance the foirsaid thrie monethis pay to the officeris 
of the said compames or any haveing their order. . . . 

12th April 1650. 
Aijpovntis David Wilkie merchand to meitt with the heretors of the [Ministers of 

Wpsfe Kirlf 1 

paroshe of S' C'uthbertis on Tuesdey nixt and to treat and voice thair in 
name of the good Toun with such as the paroshe sail ajipoynt in the bussines 
anent the modificatioun of another ministers stipend there. . . . 

Appoyntis M'' David Dick jirofessoiir of divinitie ... to preache [Preaching in 
ordinarlie each Sabbath in the east kirk being the north paroshe kirk of 
this brugh with M"" Robert Douglas and that M"" Johne Sterling be ordinar 
preacher in the south east paroshe kirk . . . with M'' Robert Lawrie. . . . 

nth April 1650. 

[As the Town owes to the College the sum of 24,630", 16,000 merks and 1,000" 
sterling, the interest whereof for the terms of Martinmas 1647 and Whitsunday 
164S at 6J per cent, amounts to 2,948" 9" 8", the treasurer is ordered to pay the 
foresaid interest to the CoUege treasurer.] 

Considering that the ministeris stipendis camiot be gotten peyit out [Ministers- 
of the meanes appoyntit and designed for that effect in respect the rents of 
Orkney ar not now peyit be reasone of the rebellis posessing that countrey ^ 

' The Earl of KinnouU had occupied Orkney so early as September 1649. Montrose had, 
at the end of March 1650, received the royal authorisation for his new attempt and had 
spent the early days of April organising his forces. By the date of the above entry he had 
already crossed to the mainland. 



236 



EXTRACTS FROM THE RECORDS 



and becaus a great part of the teynds mortified for that use are burdened 
with new augmentatioun to the ministeris serving the cuire at the kirks of 
the paroshes quhair the teynds ar ^ besyde many uther burdens and 
obstructiouns of peyment of the provisiounes destinat to the ministeris 
of this Cittie Thairfoir in this diificultie and exigent that the ministers be 
not longer postponed the coimsell appoyntis fyve thowsand merkis to be 
presenthe payit out of the maintenance and uther fyve thowsand merkis 
to be payit out of the impositiou:is upon the wynes . . . and for repayment 
of the saids twa soumes appoynts the same to be addit to the nixt stent 
that the nighbours may be stentit for the same with the maintenance. 

I9th April 1650. 

[The Council and extraordinary deacons, after enacting that none may make 
malt, sell wine, ale and beer or keep inns in Portsburgh without permission, have 
elected certain persons to be maltmen and brewers upon definite conditions such 
as obtained m other parts of the Town's superiority. 

The Town owes to John Denhame, Commissary depute for maintenance from 
October to December 1649 and for January, February and March 1650 the sum 
of 37,5121' 198 9d. As he is desirous that the same should be paid to his creditors, 
the Council gives bond to these respectively for payment.] 



[Cart gait.] 



[Drill master.] 



[Colours for 
Portsburgh.] 



24th April 1650. 

Ordaines the thesaurer ... to advaunce to Issobell Stalker fourtie 
merks money for the use of the lang rig of the Dean to be a cairt gaitt. . . . 

Electis Captane Robert Hendersone to be dreilmaster to the companies 
of this brugh . . . and allowis to him ane hundreth merkis money monethlie 
fra the dait heirof dureing liis service. . . . 

[Proclamation is to be made forbidding the neighbours to receive strangers 
imtil they inform the magistrates.] 

Appoyntis the thesaurer to provyd twa pah- of the Towns culloris and 
drums for the twa companies of the barronie of Portsburgh. 

26th April 1650. 

[John Inneis, servant of the late Captain Louis Dick, son of Sir WilUam Dick 
of ]3raid, is to be made biu-gess and gUdbrother gratis, because of the great 
respect the Coimcil has for Sir WiUiam's request.] ^ 

1 This was by virtue of the Act of ParUament of 14th March 1649 (A.P.S. vi. (2), p. 287) 
ordering that parishes were to pay out of the teinds at least 8 chalders of victual, or 3 clialders 
of victual and the equivalent of the remaining 5 chalders in monej', not above lOOIi nor below 
100 merks for each chalder. The acts of the Town Council for augmentation of the stipends 
of ministers in outlying parishes show that they had given effect to the act already. It is 
obvious that these increases must have diminished the amounts at their disposal for the 
stipends of Town ministers. 

2 See p. 226 supra. 



OF THE BURGH OF EDINBURGH 237 

Is/. May 1G50. 

[Proclamation is made that all inhabitants keep the watch themselves or send 
a man, able in body and sufficiently armed, to take their place.] 

Forsamekle as the Counsell taking to their consideratioun the filthienes ^^■^l^^^'^^ °f 
of the hie streitts and closses . . . the lyk quhairof is not to be sein in 
any civill cittie [the mhabitants are forbidden to throw out any filth on streets 
or closes under pain of breakmg open their doors, poinding of goods, imprisonment 
of their persons or such pmiishment as the magistrates please. 

WilUam Crumbie is to be received burgess gratis.] 

3rd May 1650. 

Appoyntis the Clerk to wrytt a missive to Alexander Moore to Ireland J.^^°JJj\^^7^„^ 
to come iiome and attend his chairge and office hier as ane of the Collectoris Ireland.] 
of the impost with certificatioun if he come not the place will be disposed 
npon.i 

[A committee is] to speak with Johne Milne for taking doun the Castle [Ff^ifament 
gaite and setting up the same in the Parliament clos.^ •^■'"se.i 

[The accounts of the collector of kirk rents in 1647 show a charge of 9,245" 
and a discharge of 9,247" 10^ His accounts of the bishopric of Edinburgh show 
a charge of 6,657" and a discharge of 4,946" 7« 6'i. The balance is to be given 
to the last kirk treasurer. 

The accounts of the collector of kirk rents in 1648 show a charge of 
16,104" 08 3" and a discharge of 15,978" P 4'i. The balance is to be paid to 
the present kirk treasurer. 

James Scott is received conjunct clerk depute with Robert Adamsone for the 
barony of Portsburgh.] 

8t.h May 1650. 
Forsamikle as be severall actis of Counsell and statuts of this briigh the [Coi'««on^of 
haill heretoris \vithin the samen are dischairged to sett housis to beggeris iitritors i 
or strangeris leist tliey be burdensome to the good Toun and sieing among 
uther evills following thairnpoun the proportioun of the annuitie is ill payit 
Thairfoir . . . ordaines the proportioun of the annuitie imposed upon such 
housis to be exactit from the heretoris quho setts the housis to them and 
that the heretoris seik thair repayment from the possessoris. . . . ^ 

10/^, May 1650. 

[The accounts of Trmity Hospital for the first year of Alexander Bynnie 
and Patrick Grahame's office as masters show a charge of 10,272" 14^ 7'* and a 

' There is no evidence as to what impost is meant. But as the imposition on wine was 
farmed out, it probably was the merk per tun. 
^ See pp. 206, 207 supra. 
^ See Index for previous acts as to house-letting. 



238 



EXTRACTS FROM THE RECORDS 



[Recommenda- 
tion to owners 
of ship.] 



[Muskets for 
Portsburgh.] 



discharge of 6,844" 9^ fl''. Tlio accounts for the second year show a charge of 
7,521ii 17« 7" and a discharge of 10,245" 5^ l". 

The accounts of the merk per tun show a charge of 4,075" 6^ 8'^ and a discharge 
of 3,676" is.] 

Grants letters of recommendatioun under the seall of caiis and subscrip- 
tioun of their commoun Clerk to M^" Andro FairfoAvll Johne Denhame 
Robert Beattie elder James M^Kean Heanrie Ranken Robert Beattie 
younger James Campble George Campble Johne Meikle and James Espleane 
for themselffis and iii name and behalf of the remanent owneris and partineris 
of the good ship callit the James of Lieth quhairof Captane Robert Hall 
wes leat master testifieing that the said sliipp being imployed be the Estates 
of the Kingdome under the conduct of the said Captane Robert Hall for 
the publict service thairof quho betrayed his trust and being at Embden 
in North Holland wes seased upoun and taken from the said Robert Hall 
and that na partiner portioun thairof did appertein or belong to the said 
Captane Hall And that the said shipp being in the tomi of Harling in 
Holland that the saids owneris hes imployed Alexander Downy skipper 
in Lieth theii- factor in their name with full power and commissioun to goe 
to the said Toun of Harling or ony uther part quliair the said shipp is or sail 
happen to be for the tyine to sute and demand the said shipp with her anentis 
appertinances and gains or quhat els belongs to her or to doe all uther 
diligence requisite for recover thairof upon their chairges and expensis. . . . 

Appoyntis the dean of gild to lend foiu'tie six musketts to James Ahsone 
barroun baiUie of Portsbrugh for the use of such as wants armes. . . . 



[Proposals as 
to fortification 
of Leitli.] 



10th June 1650. 

[The Council with certain of the old magistrates and neighbours] taking to 
their consideratioun the intentioun of the Estates of Parhament anent the 
putting of sodgeris to worke at the fortificatiouns of Lieth quliiUc wes 
representit to the counsel! the uther day be the Marquess of Argyll Lord 
Hoptoun and Sir Johne Cheishe direct from the committee appoyntit be 
the Parhament for that effect . . . thinks it fitt to move some desyres 
thahanent to the Parliament and gives ordour to their commissioners to 
present the same as followis That thej^ be such souldieris under command 
as will be reddie to worke Item that such as sail be commandit be the 
Parhament to worke at the fortificatiouns of Lieth have their pay furth of 
the maintenance of the brugh and shjTe of Edinburgh Item that the 
souldieris be lodged and quartered within a myle of Lieth at the Touns 
appoyntment as may maist accommodat the warke Item that the sodgeris 
continue onlie quliill [ ] Item that the Estats allow them [ ] per diem 
moir then ordinarie becaus they ar to worke to be payit as their ordinar 



OF THE BURGH OF EDINBURGH 239 

pay Item that, aiie liuncli'eth liors be commaiidit ilk day furth of the shyre 
fra the adjacent paroshes witliin eight or nyne myles circuit for lieding 
of faUe to the warke Item tliat the sodgeris pay for their meat and drink 
ilk weike or buy the same theniselffs sieing they ar to resave money for 
that effect and that poor people hew nothing but quhat they pay for wieklie 
or dayhe Item that the present Parliament ratifie the tlu'ettin act of the 
thrid sessioun of the second trieiniiall ParUament declairing that quliensoever 
any garrisouns fall to be interteind upon the publict chairges of the kingdome 
the Provest baiUies and counseU of Edinburgh to name and place Governoris 
for the said Toun fortificatioun and garrisouns thairof and they to have als 
great power and priviledge as any uther Governoris of forts or garrisouns 
within the kingdome. ^ 

12th June 1650. 

[The bond for 20,000" to Sir Alexander Belsches of Tofts is paid with 600" 
of interest, whereby a part of the Town's debt for maintenance is cleared off.] 

Uth June 1650. 

[Robert Murray, servant of the Marquess of Argyle, is to be received burgess 
gratis by request of his master. 

A committee is appoLntedl to meitt and try quhat actis of burrowis [Committee 

i r J ./ -1 anent gratis 

and counseU ar maid for debarring of gratis burgesis and to report with burgesses.] 
dihgence that ane act of counseU may be maid to that effect for tyme to 
come.^ 

Idth June 1650. 
[The Council and extraordinary deacons] Grantis to M^ Johne Stii'ling [House for 

n • • n/^<.i Tii-i-i-nyr-r^-i minister.] 

ane of our mimsters a j^art ot Currie hous to dwell in beside M"" David 
Dicksone professor dureing the counsells pleasoure and want of another 
professor in the CoUedge and appoynts the thesaurer to defeas the niaiU 
of his stipend jiroportionallie.^ 

Taking to then- consideratioun the manifold actis of counsell and kirk [Ports to i>o 

^ , closed on 

sessiouns and proclamatiouns for kieping of the Sabbeth day and restraine- Sundays] 

' See Kxlractn, iGsC-^t, pp. .30, 37, antl Appendix viii, showing that the question of the 
governor of the f'ortifietl town liad already arisen anil liad proved a difficulty. And see note 
to p. 209 tiitpra. 

^ The Burghs forbade gratis burgesssliips in 1.570, save tliose belonging as perquisites 
to the provost and others. The Coimcil, on 20th January 1569-70, statute that the childi-en 
of gratis burgesses should not have the right of burgess bairns. On 1 9th January 1592-3 
it was statute that any consenting to the making of free burgesses might be called upon to 
pay lor the same. In l(i20 that last statute was re-enacted. Apparently the practice, while 
condemned in theory, was found useful in practice. Curiously enough, in the jears 
immediately following this entry the practice reaches its greatest extent. 

" yec pp. Ill, 113, 145 supra. 



of Leith 



240 EXTRACTS FROM THE RECORDS 

ing of peoi^le fra abuseing thairof Nevertheles quliaii'of tliair hes bein 
little obedience given thairto Thau'foir to the effect people may be restrained 
fra vaiging abroad upon the Sabbath . . . ordaines the jjorts to be closed 
ilk Setterday at night at ten a cloak and stand closed quhill Monday at 
4 a cloak morning and that nane ... be fund vaiging in the streitts or 
repaireing to the Castlehill . . . under the paine of imprisonment and 
farder punishment ... at the will of the magistrat Exceptand alwayis 
the Societie Netherbow Lieth wynd port ane hour in the morning and 
another at night for wattering of liorsis. 

[James Rucheid and Gilbert Sommervell are elected commissioners to the 
General Convention of Burglis at Cupar on 2"'' July. Assessors are also appointed. ^ 

Laurence Hendersone and George Cleghorne are elected commissioners to the 
General Assembly.] 

Mth June 1650. 

[Fortiflcations This day the lord Marqueis of Argyll [ ] George Porterfeild haveing 

represented the necessitie of the comphetting of the fortificatiouns of Lieth 
and inrespect of the speciall interes this brugh hes in that place shewing 
the desyre of the Parhament that this brugh would be at the chairge of 
comphetting the said fortificatiouns For reiaayment qidiairof the Parliament 
would give them their owen excise not alreddie disponed upoun and caus 
ane thowsand twa bunder sodgeris worke than- at twa shilling -per diem 
The coimsell out of their desyi'e of comphetting the saids fortificatiouns of 
Lieth quhairin the wholl Kingdome is so much concerned ar content to 
accept of the superplus of their owne excis not disponed upoun with the 
excys of Mid Lowthian and East Lowthian as it is presenthe sett for 
peyment of twa shiUing per diem to ane thowsand twa hunder sodgeris for 
their working at the saids fortificatiouns and of all uther deboursements 
they sail be at upon thes works The excys afoirsaid being assigned to them 
ay and quhill they be repayed of the said debursements and their comptis 
of their debirrsements quhich they have alreddie given owt upoun the 
saids works being first allowed And the act of Parhament concerning the 
power of placeing the Governour being also ratified. ^ 

1 See Records Convention Royal Burghs, iii., pp. 3.57-8. The convention met, but because 
of the approach of ttie English army by sea and land, adjourned their meeting to 1st October 
at the same place. It did not meet then, nor again till 1652. 

^ The Estates on 21st June .sent the Marquis of Argyll, the Laird of Eicht and the Provost 
of Ayr " to represent to them the necessitie of the fortifying of Leith and that they would 
be pleased to tak some cours to go quick about it " (A.P.S. vi. (2), p. 537). The question 
of payment was not mentioned in the act of Parhament. There appears to be no record of 
the act quoted, as to the power of placing the governor, but see preceding page and note 1. 



OF THE BURGH OF EDINBURGH 241 

26</i Jime 1650. 

Ordaines proclamatioun . . . commanding the haill inhabitants within iDcmoiisiiing 
tlie same to send their servands to tlie Castle for dimohshing of the spurre 
and to worke thairat as they sail be commandit ilk quarter of the brugh 
day about be tour. . . . 

[A committee is appointed] to meitt anent tlie pryce to be given to [Spur.inci 
Johne Milne master massone for taking doun of the Castle gate and putting 
it up in the Parhament closse and for imploying of warkemen for takeing 
doun tlie massone warke of the spurre tlie pryce being referrit be tlie said 
Johne Mihie to the Counsell. . . . 

Forsamikill as the Parliament lies appoynted a levie and ordered the [Officers for 
severall burghes and slijTes to give in a hst of then- officers to be chosen 
be the Parliament ^ the Counsell hes thoght fitt to nominat the list following 
to be presented to the Parhament viz. list to be Colonell Robert Fowlis 
Robert Lockhart Johne Denhame Colonel James Rae Colonel Hoome 
and Colonel Andro Milne List to be Lieut. Col. Lieut. Col. James Wallace 
Lieut. Col. Affleck Lieut. Col. Johne Lawder List to be Major Major James 
Cockburne Major Weir Cajitan Fairbourne Captane Hendersone Major 
Logane and reserves the list of the captanes to be nominat be the Provest 
and baillies And the Provest to present the same to the Parliament or their 
committee to that effect. 

15/ July 16.50. 

Ordaines Johne Hamiltoun ana of the officers of this brugh to pas to (convention at 
Leith with a lettre from the Counsell direct to the commissioners of this poued.j 
brugh for the borrowis and to desyre them to returne from their intendit 
journey inrespect the Parhament is to prorogat that melting of the burrowes 
to August or September nixt And to follow them to Cowper if he misse 
them there to the effect fousaid." 

The six sessiouns compeirand consentit to tlie electioun of Laurence loencrai 
Hendersone and George Cleghorne to be commissioneris to the Generall 
Assembhe.^ 

1 See A.P.S. vi. (2), pp. 588-90, 25th June. The hst was to be given in to the committee 
appointed for pm'ging the army, a proviso judged necessary to ensure that no mahgnant or 
person disaffected to the present policy sliould be admitted. Charles II had landed at the 
mouth of the Spey on 23rd June, having signed the National Cov^enant and the Solemn League 
and Covenant. The levy was presumably in preparation for an English invasion, though 
this did not begin till 1 6th July. 

^ See p. 240 supra and note. 

' See pp. 157, 158 supra. It would appear that the Town Council had yielded to the 
desire of the sessions. 



242 



EXTRACTS FROM THE RECORDS 



[Inmates of 
Hospital.] 



[High School.] 



Zrd July 1650. 

[The masters of the Hospital appeared before the Council with the men and 
women chosen to be occupants] quhom the CounseU acceptis and resaves 
to be interteined in the said Hospital! as honest decayed persones 
burges men and biirges wyfis diireing their lyftymes they behaveing them- 
selffis as good Christians. [The masters are to pay to Bessie Daviesoim 200" 
for their support for the month of July and so on monthly thereafter.] ^ 

Electis M'' Hew Wallace scholmaster of the brugh of Hadingtoun to be 
schoolmaster of the grammer schooll of this brugh in place of iimquhile 
M"" WUliame Spens. . . . ^ 

[The inhabitants of the Town parishes are to send their servants to work on 
the fortifications of Leith, two parishes at a time daily in turn. 

The maintenance imposed on the Town from January 1650 to January 1651 
amounts to the sum of 77,760" and the maintenance of the Irish companies to 
4,800" ; the money for the muiisters' stipends, since the rents of Orkiiey were 
not collected and the amiuity was unpaid by many poor persons, amounts to 
6,666" 13" 41, making a total of 89,226" 1^ 4'i'with a year's uiterest, 5,353" 2" 2<i, 
with 5,419" 15" 6'' for defects in collecting, amoimts in all to 100,000". 
Edinburgh's share is 72,163" 18^ 3" for their 575 men ; South Leith for their 
80 men 13,913" ; Canongate for their 53 men, 9,217" 8" 9" ; North Leith for their 
23 men, 4,000" ; Pleasance for their four men, 995". The stentmasters are to 
impose the tax for the said amounts.] 



[King's house- 
hold.] 



f>th July 1650. 

[A committee is appointed] to advys upon the best wey for peyment of 
the Touns proportioun of the fourscoir thowsand merkis for the chairges 
of the Kings hous as also to advyse quhat is incumbent to be done at this 
tyme be the good Toun for welcomeing of the Kings majestie and upoun 
the best wey of defraj'ing the expensis theirof . . . and to con vein the 
Coimsell extrordinarUe for that effect.^ 



[In\itation to 
the King.] 



Wi July 1650. 

AppojTitis the Provest and sex uthers of the counsell to be sent to the 
King to congratidat his Majesties arryvell and invite him to this brugh 
quherof foiu- merchands and twa craftes and thes persones to be chosen to 



1 See pp. 231, 233 supra. 

' He was appointed in 1641, having been previously schoolmaster at Prestonpans {Extracts, 
1626-41, p. 245). 

^ Charles II did not come for another month, his presence with the army not being 
desired. An act of Parliament of 5th July was for proclaiming the agreement reached with 
the King at the market cross. Another act of the same date voted 108,000U for reUef of the 
money uplifted by the commissioners for the King's use. This tax was to be levied from the 
shires and burghs in the same proportion as the maintenance (A.P.S. vi. (2), p. 604). 



OF THE BURGH OF EDINBURGH 243 

morrow And sieing the Counsell finds it a necessitie that some considerable 
soume of money be advanced for defrayeing the expensis of tlie Kings 
comeing to this Toun . . . doe appoynt that the Counsell convein to 
morrow morneing tynious and that ilk baillie wairne the nighbouris in 
then- owin quarteris to be present at the Counsell to advys with them 
upoun the best wey for raiseing theii'of. 

10th July 1650. 

[The Council, extraordinary deacons and fifty-eight neighbours mentioned Porrowmg for 
by name with others unnamed] taking to their serious consideratioun that tion and other 

affairs 1 

now the Kings majestie being come to this Kingdome by the good providence 
of God thi-ow many deficulties and dangeris and haveing given all satisfac- 
tioun to the desyres of this Kirk and Kingdome for the good of rehgioun and 
the peace and securitie of his kingdome that Thau-foir thair lyeth u]3oun 
this Cittie a dewtie to congratulate his Majesties safe arryveall to this his 
auncient Kingdome and to invite his Majestie to this Cittie and to welcome 
and resave his Majestie quhen he sail be pleased to come to the same with 
all the honorable solemnities can be thoglit upon that no dewtie honour 
nor testimonie of respect loyaltie or affectioun may be wanting to his 
Majestie quhich wes done to any of his predicessours And the wholl nighboris 
conceiving themselfiis bund in dewtie to contribute to the uttermost of 
their estates quhat sail be necessarie or fitting to testifie their loyaltie or 
affectioun and cordiall respects to his Majestie and that in such maner as 
sail bee most for the crecUte and honour of tliis his Majesties auncient and 
metropoUtane Cittie did most unanimouslie and cheirfullie referr to the 
Counsell to determine in then- wisdome the maner of his Majesties invitatioun 
receptioun and welcome with all solemnities and honorarie acknawledgments 
necessarie and the soumes of money to be bestowed expendit and disbursit 
theirupoun . . . consenting to the borrowing of such soumes of money as 
the Counsell sail find necessarie for the purposes afoirsaid Quhairupoun 
the Counsell eftir mature deUberatioun finding it necessarie for the honour 
of this brugh that a certane soume of money be borrowed for the honorable 
ends afoirsaid and resolving to kiep within the chairges expendit in former 
tymes upoun the lyk occasioun inrespect of the present bm-dens lying 
upoim this brugh and upoun the wholl kingdome doe conclude and determine 
that the wholl expensis towards the Kings honorable invitatioun receptioun 
and welcome sail not exceid fyftie thowsand merkis and siklyk the nighboris 
befoir named understanding the necessitie of hastening the perfjrting of the 
fortificatiouns of Lieth for the weilfair of this brugh and this part of the 
kingdome inrespect of the approach of the Sectarian armie to this kingdome 



244 



EXTRACTS FROM THE RECORDS 



[Deputation to 
Falkland.) 



doe consent to the borrowing of fiften hundi'eth pund sterling for compleitt- 
ing of the saids fortificatiouns And finaUie the nighboris being informed 
that tlie reparatioun of the Castle and uther necessaries for the pubhct 
service thair will be a necessitie of present advance of a considerable part 
of the Touns proportioun of the fourscoir thowsand merkis imposed upoun 
the burrowis in hev of then jiroportioun of the levie of horse extending the 
said proportioun to the soume of twentie eight thousand aught liundreth 
merkis quhich is to be payed be the irighbouris in the maner accustomed 
in former levies Thairfoir they also consent to the borrowing of such partis 
of the said twentie eight thowsand aught liundreth merkis as the Committee 
of Estates urge to be payed and advanced presentlie im-espect they fear 
the said soume will not be gotten in tymeouslie from the nighboris All 
quhich being seriously considered be the counsel! thairfoir with consent 
as is afoirsaid they doe appoynt the thesaurer to borrow money for the 
severall ends and uses befoirmentionat. . . . 

[The Provost and six members of Council are elected] to goe in com- 
missioun to his Majestie at Falkland and to congratulat his Majesties comeing 
and to invite him to tliis brugh. . . . ^ 



[Approach of 

Sectarian 

army.] 



Uth July 1650. 

Taking to their consideratioun the great danger imminent to this burgh 
and this part of the kingdome threw the approache of the Sectarian Armie 
out of England and how necessarie it is that the works and fortificatiouns 
of Lieth be sufficientlie repahed with all possible dihgence for the saftie 
thairof Thairfoir ordaines proclamatioun to pas tluew this biu'gh tomorrow 
morning be fyve a cloak chairging all the inhabitants within the samen 
men and woemen that are able to worke to repair to the toun of Leith 
viz. the north syde of this burgh from the West port to the Netherbow 
tomorrow and the south syde of the said brugh on Tuesday fra fyve a cloak 
in the morning to sex a cloake at night and that ilk persone men and 
woemen carie alongs with them mattoks speids shoveUs barrelhs and some 
such lyk instrument maist convenient for eache of them to worke with at 
the saids warks under such paines and penalties to be imjDosed upoun them 
and punishment of their persones at the will of the magistratt and that 
the Magistratts and counseUeris presentUe in office or quha has bein in 
office be there to oversie and continue the said warks.^ 

1 Charles II had arrived at Falkland from St Andrews on 5th July (Balfour, iii. p. 77). 

- See A.P.S. vi. (2), p. 604, 4th July 1650. Cromwell's army was not yet at the Border. 
See note to p. 248 infra. With regard to the actual fortifications. Colonel Overton, of the 
English army, who entered Leith on 7th September, wrote that they found " in it mounted 
upon platfonnes 37 guns. . . . The place has a regular draught or lyne about it, but farre 



OF THE BURGH OF EDINBURGH 245 

Wth July 1650. 

[The Council with some of the professors] agries that the lauriatioun [Lauriation of 
of the scholleris magistrandis of the CoUedge be lanriat privatUe at the 
order and discretioun of the i)rofessors masteris and regentis quhen and 
quhair they pUes im'espect of the present troubles. 

[The Council] taking to thair consideratioun the great danger imminent [Levy of 
to this Kingdome and Cittie threw the approache of Cromwell and that persons.] 
Sectarian partie marchand towards the borderis and the commandis laid 
upoun this brugh be the Committee of ParKament thair severaU acts and 
statuts ordaineing all fensible persones within this brugh and liberties 
thau'of to be uj)on their guaii'd upon the fii'st wairneing with suificient 
armes pick musket sword powder matche and ball to attend such orders 
as sail be injoyned sieing Rehgioun Kii-k King Kingdome Covenant lyfis 
libertis and fortunes ar lying at tlie stake Thau'foir ordaines proclamatioun 
to pas threw this burgh Canogait Lieth Portsbrugh and haiU liberties of 
the samen that all the fensible persones within the saids bounds respective 
be in armes tomorrow morning being Tuesdey the sextein of this instant 
to attend their severall captans and commanderis at the first towk of the 
drum to meitt at the generaU randevous in the Grayfreir yaird at aught 
a cloak in the morning with sufficient armes pick swordes muskets powder 
ball and matche and such lyk instrumentis of warre offensive and defensive 
as the necessitie of the caus and warke of God doeth requyi'e at their hands 
illi persone under paine of death Sicklyk that no nighbors masteris prentesis 
servand or jotu-neymen remove or transport themselffis furth of this brugh 
and if any be furth that they repair hither to this brugh within twentie 
four hours eftu* pubhcatioun hereof under the paine of the los of their 
hbertie for them and their posteritie and farder punishment of their persones 
and estates at the will of the magistrats and counsell. 

[The Council having previously with consent of the neighbours agreed to 
the borrowmg of 28,800 merks and havmg borrowed 4,000 merks from Margaret 
Johnstoun, widow of George Baillie of Jerviswood, they order 2,000 merks to 
be given to the Constable of the Castle i and the other 2,000 merks to John Scott 
master wright m part payment of 9,000 merks for the use of the Castle. Bond 
is to be given to Margaret Johnstoun.] 

Appoyntis the Clerk to have a cair of the Registeris in the Touns chalmer [Town 
that the samen be put in the Chartour hows with the Touns writtis with '"""^ "■ 
all cairfulnes. 

from finishing, not indeed is it fesible with earth, the foundation beuig so sandy." Monck 
complained in August 1655 that "the place was ill fortified, and indeed, the works being 
earth, it falls down daily " {Scotlatid and the Protectorate, pp. 293, 303). 

'■ The Constable was Renton of Lamington. The Castle garrison was commanded by 
Colonel Walter Dmidas and Major Abernethy. 

Q 2 



246 



EXTRACTS FROM THE RECORDS 



[rro\i9ions.] Forsaiiiekle as be act of the Committee of Estats of the threttein of this 

instant the Magistratts of this brugh are commandit to cans search the 
vintneris selleres burges housis and brewliousis and try qiiliat aile and beir 
can be fvmd there that eightie tunn thairof may be carried and transported 
to the Castle of Edinburgh for the necessarie subsistance of the garrisoun 
for the space of four moneths declaii'eing that quliatever quantitie of aile 
or beir sail be taken from any persone for the use afoh-said that they upoun 
accompt are to be repayed be the pubhck and to be allowed owt of any 
money payable to the Toun And lykwayis to searche for salt beiff salt 
butter cheeis salt herring salt salmond or uther provisioun of that kynd 
viz. fom'tie barrell of herring four hunder stane of cheis ane liunder and 
sextie dusone of hard fishes ane hundreth and sextie stane of salt butter 
twentie four barrell of salt beiff fyve hiuider daills ane hunrh-eth weight of 
yroun four stane of steill and twelff barrell of salmond Quhicli being caried 
into the Castle and delyvered to the Governor ^ for the use of the pubhct 
are to be repayed be them to the owneris and what sail not be to the owneris 
sail be allowed to the good Toun of Edinbiu-gh . . . Thairfoir the counsell 
appoyntis David WiLkie and Johne Denhame to mak searche what can 
be gottin of the foirsaids particulars ather in Leith or Edinburgh and to 
report the same with chhgence as also that they have a cair to send twa 
sliipps loadened with meill to lay above Garvie. 

Appoyntis the thesaurer John Liddell to borrow ane thowsand merkis 
and to pay the same to the toun of Queensferrie for the warks of Garvie 
conforme to the ordor of the Committee of Estates. . . . 

Forsameikle as be act of the Committee of Estats of the thretten of 
this instant the magistratts of this brugh ar ordained furthwith upoun 
sight thairof to pay and advance to Johne Kniblo Commissarie for the 
Artih'ie the soume of thrie tliowsand sex hundreth pund scotts for buying 
of leid for the use of the pubhck declaireing . . . that the forsaid thrie 
thowsand sex hundreth pund sail be allowed to the Toun of Edinburgh in 
the first end of their projiortioun of the hunder and eight thowsand punds 
Scotts imposed uj)on the Kingdome and apjjoyntit to be payit betwix and 
the first of August nixt [the treasurer is ordered to pay the money and to get it 
back from the collectors of the stent when it is unposed]. 
[Extent.] Forsamekle as thair is imposed iijDon the burrowes by the lait Parhament 

fourscoir thowsand of merks for their proportioun of the levie of hors which 
is applyed to the Kings use and some uther uses . . . the proportioun 
quhairof payable by this brugh is twentie aught thowsand aught hundreth 
merkis and in respect this soume most be presently borrowed upon interest 



[Fortiflcation 
of luchgarvie. 



Leid, Castle. 



' The Governor was the Earl of Leven. 
was the person meant. 



It is probable that the Constable of the Castle 



OF THE BURGH OF EDINBURGH 247 

tliair must be added for the interest and siijiplie of defects in collecting 
eleven thowsand twa hundreth merks which males in all the sowme of 
fourtie thowsand merks for payment quhairof the soume must be imposed 
upon the nighbors of this brugh and upon Sowth and North Lieth Canogait 
and Pleasance penchcles of this brugli according to their several! proportiouns 
as eftirspecifeit of fyve hunder thrie scoir fyften men according to former 
acts of Counsell and bygane use and custome And the said sownie of fourtie 
thowsand merks being so divyded in fyve hunder thriescoir fyften parts 
would extend to foiu-tie sex piind aught shilling for ilk man swa that the 
Touns proportioun of the forsaid soume according to the number of four 
hunder fyften men extends to nyntein thowsand twa hunder fyftie sex 
pund South Lieth for their proportioun according to their number of four- 
scoir men extends to thrie thowsand seven luinder twelff pund Canogait 
for their proportioun of the said sowme according to their number of fyftie 
twa men extends to twa thowsand four hunder twelff pund sexten shilling 
North Lieth proportioun of the said soume according to their niuuber of 
twentie four men of ordinarie outreik at the rate afoirsaid extends to ane 
thowsand ane hunder thretten pund twelff shilhng and Pleasance proportioun 
thau'of according to their number of outreik of four men at the rate afou'said 
extends to ane liunder fourscou* fyve j^und twelff shilling And sicklyk 
forsamekle as the Touns proportioune of fiite imposed upon this brugh 
and hberties to be levied furth thairof for the present service extendis to 
the number of fom* hunder men quhilk being imposed according to the 
foirsaid division of men maks Edinbrughs number to be twa hunder four- 
scoir nyne men South Lieth fyftie sex men Canogait threttie sex men North 
Leitli seventen men and Pleasance twa men. [Therefore the Council order 
the same to be imposed upon the Town and hberties.] 

nth Jidy 1650. 

[The accounts of the treasurer to the kirk sessions show a charge of 47,911" 3^ 
and a discharge of 43,668" 7" 2i. 

The nightly watch is to be kept by the Town's companies in turn.] 

\?,th July 1G50. 

[The Council, extraordinary deacons, captains and some neighbours being [Request from 
convened] Compeird the Marqueis of Argyll and Sir Archibald Johnstoun Estates for ° 
Lord Wariestoun sent from the Committee of Parliament with twa of tlie '"'""^''■ 
commissioners of the General Assembhe M^ Robert Blair and M"^ James 
Nasmyth i and representit to the Counsell the present necessitous conditioun 

' Mr James Nasmyth, minister at Hamilton, was one of the Commission of Assembly. 
On 5th August he was appointed chaplain to the King's Lifeguard. 



248 EXTRACTS FROM THE RECORDS 

of the Annie for want of nioneyis to intertein intelligence dispatche the 
cannoim thither and suchlyk iirgent effaires quhilk could not be convenientlie 
done without reddie money and desyred of the CounseU quhat moneys they 
might expect from the good Toun to supplie the present necessitie and 
advance the warke of such ane exigence of tyme quhen the enemie is lyand 
upoun the borderis and our Armie advanceing thither ^ Quhilk the counseU 
took to their serious consideratioun and continued to give any present 
answer till they consulted with the nighbors thairanent and dismissd the 
forsaids commissioners without answer till tomorrow Lykas the counseU 
with consent of the nighbors conveened of their chese finding a necessitie 
to borrow moneyis thairfoir . . . demandit of the Captanes present in 
Counsel! quhat they would offer to len upoun the Touns band for the Touns 
use both for suppUeing the expensis of his Majesties welcome to this brugh 
quhilk is to be shorthe and for these ather ends and uses mentioned in the 
act of the tent of July and also for the use of the Armie in this thair exigence 
. . . quho maid heartie offer in maner and measure under^viittin viz. 
Captane Andro Bryssoun offer to len to the Counsel! upoun their band for 
the uses afoirsaid a thowsand merks Captane Anch'o Ramsay a thowsand 
merks Captane Archibald Ker a thowsand merks Captane James Ker 
fyve hunder merks Captane Achiesoun fyve liunder merks Captane WiUiam 
Patersoun and Captane James Mastertoun and Captane George Gairchier 
and Captane Alexander SandUandis a thowsand merks. . . . 

I9th July 1650 [forenoon and afternoon).^ 
[Loan by Compeu'd the nighbors of tliis brugh underwrittin and [maid] offer to 

neighbours.] ly^ n i-iini n i im •!• 

len to the Counsel! upon their band lor tiie uses oi tlie good ioim in thir 
present necessitous effau-es for tlie ends and causes mentioned in tlie act 
of the tent and aughten of Juhi instant the souiues of money underwTittin. 
[Fifty-eight persons lent sums between 1,000" and 500 merks ; six persons 
refused to lend.] 
[Proclamation, Ordaiiies proclaiuatioun ... to command all the inhabitantis ... to 

levy for horse.) 

pay tlieir proportioun of liors and put out tlieir men presentlie this eftirnoone 
with certificatioun they will be quartered upoun and the double exacted 
but favor and farder punisliment as disaffected persons both to Kirk and 
state and injoyned to goe out themselffis. 
(Proclamation, Ordaiucs proclamatiouii . . . commanding all the inhabitantis within 

Castle Spur.] ^ p i • i i • t i y-, i i -n 

the north west quarter of tins brugli to repair presenthe to the Castleliill 
with spaid mattoks shovels skuUis and such lyk to dimoHshe tlie spm're of 

' See pp. 244, 245 supra. 

^ Cromwell was near Berwick on tliat day with an army of 11,000 foot and 6,000 horse 
and Fleetwood, Lambert and Monck as commanders under him. He was preparing to move 
north by the coast road. 



OF THE BURGH OF EDINBURGH 249 

the Castle qiiliilk so iieirlie concenies this briigh and the nortli eist quarter 
to repau- thairto and worke thairat the morne the south eist quarter on 
Moonday and the south west on Tuesday and so furth day about quhill 
the samen be dimolished. . . . 

20th July 1650. 

Forsamekle as be act of the aughten of this instant the Committee of [Loan to 
Estates desyred to understand quhat money the Toune might advance ^'''^'''''* ' 
for the present use of the Armie quhillc wes waved for that present quhiU 
the nighbors wer tryed quhat they would offer to len And sieing the nighbors 
lies maid offer to len some considerable soums . . . ordaines sex thowsand 
merks to be lent to the Estates . . . wherof a bunder and twentie pund 
sterling is to be given to James Borthuik for outreiking chirurgians to the 
Armie. . . . 

Ordaines the thesaiu-er ... to pay to Johne Milne master maissone [Fortjflcations 
the soume of ane thowsand merks money for his warke in the fortificatioun castie] 
of Lieth till accomiat and fyve huncketh merks for his warke at the spurre 
by order of the Committee. . . . 

Ordaines the thesaurer ... to pay to Captane Robert Hendersone [Drilling of 
twa hundreth merks money in gratuitie for his great paines in his chairge 
of exerciseing the companies and driUing of them the tyme bygane besyd 
his pay. . . . 

Ordaines the thesaurer ... to pay to Johne Scott master wright ane [Castie.i 
thowsand merks money . . . towardis the Castle warke. . . . 

22nd July 1650. 

Ordaines proclamatioun to psm threw this brugh commanding the liaill Adarma. 
inhabitantis . . . to be in amies the morrow to attend ordors and continue 
in amies dureing thir troubles and close up their bootli dooris upon their 
owen hazard and under aU highest paine. 

Ordaines James Alisoun and Johne Hilstoun uj^on sight liierof to goe [Timber for 
speidilie about the provyding of trees of twelff elnes and nyne elnes and 
especealUe twelff elnes and daills atlier in Lieth or Fisherraw or elsquhair 
they can be had and that for skaffolding the wallis of this Toun and to 
iraploy horses presently to send them up. . . . 

Ordaines the bailhes of Portsburgh to put all their nighbors to warke [Entrench- 
at the lyne besyd the windmilne and to goe cairfuUie about the casting windmiii.i 
thairof as they sail be commandit thairto under all hiest paine. 



250 



EXTRACTS FROM THE RECORDS 



[Town wall.] 



[Anuy.] 



[Town waU.] 



[West Port.] 



[Spades and 
shovels.] 



24:fh July 1650. 

Ordaines John Milne master maissoun to set men at work presentlie 
to tak doun a thak hous outwith the Westport nixt and contigue to the 
Toun wall confornie to ane ordor of the Committee of Estates of the dait 
hierof. . . . And ordaines proclamatioun to pas be towk of drum command- 
ing the nighbors betwixt the Grayfrier gate and the west port on tiie south 
and Salmonds nowk and the west port on the south [sic] to send furtli 
their servands presentlie to dimohshe the said hows and carie in the stanes 
inwith the port under all liiest paine. 

Ordained proclamatioun to pas threw this burgh commanding the haill 
nighbors witliin the samen to repair* to the Grajrfreir yard to morrow 
morning and delyver their men to the Captanes and officers appoyntit to 
resave the same with eight dayes provisioun under all hiest paine. 

[The accounts of the dean of gikl for 1649 show a charge of 5,189" 14" 2'' 
and a discharge of 8,895" 16" 6<^. His account of the arms silver shows a charge 
of 8,480" 1" 6" and a discharge of 5,098" 1".] 

[The accounts of the shore dues. Kings Work and ballast boats in 1649 show 
a charge of 7,114" and a discharge of 7,134" 9". 

The accounts of the shore dues and ballast boats for 1648 show a charge of 
5,266" 13" 41 and a discharge of 5,525" 14" 2'J.] 

Ordaines George Wauchop thesaurer of Heriots Hospital] to big up 
the bak yett of the Towns wall in Heriots yaird with all speid with maissie 
warke of stone and lyme. . . . 

Ordaines the thesaurer to big up the West port with maissie stane warke 
for the present defence of the Toun conforme to the Glenerall of artilrie his 
desyTe maid to the Counseil thairanent for the saftie of the Toun. 

(Afternoon). 

Appoyntis Adam Grein merchand to buy all the spades and shovells 
he can gett for the use of the good Toun and committee of Estats. . . . 



[Quartering 
for arrears.] 



[Collection of 
Extent.] 



26th July 1650. 

Forsamekle as sundrie of the nighbors ar slow in paying of their dewes 
for the present levie quhilk is lyklie to retarde the same to the prejudice 
of the present service Thairfoir the Counsel! ordaines Colonell Br5aner to 
send souldiers to ces and quarter upoun such of the nighbors and inhabitantis 
as ar deficient in paying of their dewes cjuhen he sail be requyred be the 
severall Captanes of this brugh to that effect. ... 1 

Forsamekle as the Captanes of this brugh wer formerlie appoyntit to 
collect the Touns proportioun of the fourscoir of thowsand merks imposed 

1 See p. 248 supra. 



OF THE BURGH OF EDINBURGH 251 

upoun the burrowis from the severall nighbors in thair severall bounds 
according as the samen is imposed be act of Counsell of the dait the fiftene 
day of July instant and that now Adam Blair ane of the resaveris is seiking 
peyment thairof . . . for his Majesties necessarie and personall use [the 
treasurer is to collect 8,000" from eight captains for payment to Adam Blair. 
He is also to collect 120" sterlmg from two captains for provision of surgeons to 
the army. . . .J^ 

Ordaines proclaniatioun to pas threw this brugh . . . intimatting to [Proclamation, 

^ !»*/»• OlttllKPirS PLC 

the nighbors the present necessitous conditioun of the Armie and than-foir for .4rmy.] 
to desyi'e the nighbors to contribut harden sheits blankets potts and panis 
and such lyk and to send them tliis night to then" severall paroshe churches 
within this brugh quhair they sail be resaved af then' handis. . . . 

Ordaines the thesaurer to caus make sexten new coattis to the sex ten [coats for 
officers of this brugh. . . . ^ 

Taking to then- consideratioun how necessar it is to dismis the schollers [High school 
of the grammer schooll quho for the niaist part hes left the same alreddie 
for the troubles of the tyme Thau'fou' . . . graunts to their feriat and 
vacance to the fyften of September nixt. . . . 

Appoyntis the baillie Robert Lockhart to advyse with the Rector [Library.) 
Principall and jiroffessors in the Colledge of this brugh quhat course to 
tak with the books in the Bibliothek. . . . 

[The decreet arbitral as to tlie stipend of M'' Alexander Gibsone muiister [stipend of 
at Leith is presented to the CouncU, who engage to concur and assist in the LeTtii.r " 
fulfilment of the same. The skippers and marmers, who pay their dues to Trinity 
House are to be considered as one quarter of the town of Leith and are to pay a 
fourth jjart of the minister's stipend and, though they engage m trade, are not 
to be obliged to contribute with the traffickers. The maltmen, with the petty 
brewers and sledders are also to pay a fourth part and no more, even though they 
trade. Similarly the craftsmen and mealmen are to pay another fourth and the 
gentlemen and aU other inhabitants of Leith, not members of the preceding 
mcorporations, are to pay the last fourth part.] 

Considering that Sir James Stewart Lord Provest of this brugh hes [Grantor 
done sunchie good offices to the same as is moir particularUe exprest in Provost.] 
the acts of counsell of the daitts the twentie aught and threttie dayis of 
Marche i"* vi'^ and fourtie nyne Thairfore for thes and many uther good 
offices he hes done to this brugh (quhich the Counsell ar verrie reddie and 
wilhng upon all occasiouns to acknawledge) untill they sail find occasioun 
to exjjres then' resentment of his cau' and respect to the wielfier of this 

' See pp. 246, 249 supra. 

^ Treasurer's Accounts, iG^g-^o : " Item with the sowme of 944li 19^ 8il money payit 
by order of coimsall the 30 day of August 1650 : to the severall parties that furnischit the cloithe 
and welwat and utlier fui'nitom- for making of 16 new eoatts for the officers of tliis brughe 
ordinar and extraordiuar uouformo to the particular compt givin lieirwitli." 



252 EXTRACTS FROM THE RECORDS 

Cittie in some more reall and ample maner They doe hierby give and graunt 
unto him and his Lady dureing the lyftyme of the langer hever of them 
twa that seat in the east kirk being the north paroshe Idrli of this brugh 
quhilk they presentlie posses quhich is about the pillar under the Kings 
loft over agains the pulpitt according as the same is now framed and made 
in quantitie and forme with the passage and entrie it now hes and incaice 
at any tyme the forme and fabrik of that kirk sould be altered Then and 
in that caice they sail have the lyk seate in forme and quantitie in and 
about the piller over againes the pulpitt quhair it sail hapjoen to be sett 
with the lyk entrie and passage and lyk acomodatioun that his seat now hes 
and for his farder securitie the Counsell doeth heirby promise for themselfis 
and their successoris their care of the observance and performance of the 
premisis. 

Slst July 1650.1 

Prociamatioun Ordaiues i^roclamatioun to p&s throw this brugh commanding the 
S-"h?cowglit nighbors of the Cowgait betwix the Cowgait held and Cowgait port to 
^°'*" send out their servanda presenthe with barrowis and graps and shovells 

and such lyk and carie the muk ujDoun the streitt and within the closes and 
stables m the Cowgait and lay it to the Cowgait port to baricade the same. . . . 
[Baking of Ordaiucs prociamatioun . . . for imploying of the haiil baxteris to 

bread forArmy.i ^^^ qijheatteu bread to the Armie at twentie pennyes the pund wecht 
inrespect of then present necessitie and this exigence of tyme and command- 
ing that no baxter baik bread or furneis any persone quhatsumever quhill 
the Armie be first satisfied conform e to the ordor of the Committee of 
Estates of the twentie seven of this instant. - 
[EngUsh Requyres the Captanes of this brugh to exeim Johne Twyn printer 

printers.] Crfstopher Higgius Johne Robins Daniel Written William Balfour Thomas 

Thomsone Johne Montieth and Williame Rooks Enghshmen printers to 
his Majestic within this brugh fra the present levie and paying of moneys 
conforme to the ordor and for the caus specifiet and conteind in the act 
of the Committee of Estates of the twentie twa of tlais mstant grauntit to 
them for that effect. . . . 
[Exemption Exeims all thos within this brugh that ar undertaken in the service 

from levy.] ^£ ^j^^ traiuc of Artillerie from all chairges of out jjutting of men for the 
present levie . . . conforme to the ordor of the Committee of Estates of 
the twentie sex of Juhi last. 
[King's visit.] The Counsell being informed that the Kings Majestic havcing come 

' On 30th July Cromwell had concentrated hi.s forces at Musselburgh and the campaign 
was about to open. 

' See Appendix vii. But the letter really refers to a later date when the Scots army lay 
at Corstorphine, guarding the way to Queensferry from Cromwell's army. 



OF THE BURGH OF EDINBURGH 253 

laitlie to Lieth unexpeetedlie is advysed to remove from thence for the 
saftie of his royall persone inrespect of tlie neu'iies of the Eneinie to that 
place Thairfoir they apjjoynt the bailhe Johne Bynnie and Robert Lockhart 
to goe to Lieth and be advyce of M'' Robert Dowglas and others of our 
mijiisters to learne if his Majestie intendis to come to this Toun befoir his 
pairting from this syde of the watter and quhen his Majestie sail come to 
tills Toiin ordaines the soume of twentie thowsand merks to be given be 
the Provest to his Majestie at the port as a testimonie of their humble respects 
and loyall affectioun to his Majestie and of their reddines to offer up their 
lyfis and fortounes for his Majesties service in the preservatioun of Religioun 
King and Kingdonie and ordaines the thesaurer to have the said soume in 
reddiness out of the first end of the money borrowed fra the nighbors and 
that he prepaire all uther things necessarie for his Majesties honorable 
welcome and receptioun in this brugh cjuhen he comes as can be done 
upoun this present unexpected occasioun. . . . ^ 

^rd August 1650. 
{Afternoon). 

M"" Andre Ker common Clerk of this brugh showing that be ordor of [Town waii.) 
the Lord Provest and BaiUies he mett with Colonell Milne Johne Milne 
and Johne Scott to sett doun be their advyce quhat wes yet further necessarie 
to be done for defence upon the wallis of this brugh inrespect of the niernes 
of the Enemies quarters unto the same ^ and producit a report of their 
judgments in the bussines the tenor quhairof follows First it is thoght 
fitting that one of the greattest peices be planted upon the round at the 
Pleasance with another small one Item upon the great bastion at the bak 
raw there would be another great peice and two small peices Item upon 
the Potterraw port and the porters hous thair would be a plateforme for 
muskiteirs Item upon the round of the south east corner of the wall of the 
Grayfreir yaird there would be twa small guns plaiced Item another small 
gunn on the litle flanker on the cros dyk of Heriots yaird Item on the 
south west corner of Heriots yaird the long gun in the Court de guaird 
would be planted Item abone the gairdners hous on that plateforme thair 
would be planted a small peice Item at the turnehied on the West port 

1 See Balfour, iv. p. 86. King Charles II came from Stirling to Leith on 29th July, was 
received joyously by the army " hot gi'ate confusion and neglecte of deutie in the camp." 
He stayed at Lord Babnerino's house. On Friday. 2nd August, he visited the Castle, was 
entertained by the Town of Edinburgh in the upper Exchequer House and " sore against 
his auen mynd " was persuaded to retire to Dunfermline. This move was partly due to the 
Church's distrust of the King and the desire to continue the " purge " of the army. 

^ General Leslie's general line of defence stretchetl from Leith, by Hermitage Hill, Hawkhill, 
Restah'ig, the Calton Hill, Salisbury Crags and St Leonards to the protection of the Castle guns. 



254 



EXTRACTS FROM THE RECORDS 



thair would be planted twa small guns In all thair might be planted twelff 
gunns quhairof we have onhe sex quhairof one is not yet mounted and 
thairfoir thair must be iither sex borrowed out of the Castle For the planting 
of the sex guns quhilk we have alreddie Johne Mihie and Johne Scott ar 
to cans mak reddie the platformes onlie than' must be moir daills and 
trees gotten and that the thesaurer caus get warkmen to draw doun the 
pieces this day and Johne Scott is to mount the peice unmounted with all 
deligence Item that the thesaurer caus provyd towes and such materialls 
necessarie for that effect Item at least sex guns must be provydit and the 
Generall of Artibie spoken v,-ith to that effect Item than- must be a competent 
portioun of tlu-ie pund ball provydit to the number of twentie shott at 
liest to everie peice quhich must be gotten from the magazen of the Castle 
if the Toun have not abeddie Item thair would be a competent portioun 
of powder at ever basteon with spunges laddies and onsetteres and uthers 
materialls necessarie as the gunners sail requyre Item it wer most necessarie 
that thair wer fute banks about the wholl walls inrespect of the great bight 
and narrownes in many places and for this effect the thesaurer would 
provyd out of the Queensferie dales and trees with all dihgence and the 
trees that ar not made use of in Leith would be broght up Item thair must 
be allowance gevin to the warkemen that they may be intertenied uther- 
wayls it wiU be impossible to kiep them at warke Quhilk being considered 
the Counsell approves of the said report and referrs to the said lord Provest 
and baUhes to sie and caus all the particulars thairin mentionat to be 
accordinglie done and performed and that with all possible caire and dehgence 
giveing them full power to doe everything necessarie for that effect. 



[Food for 
army.] 



[Absence from 
watch.] 



5th August 1650. 

Taking to their consideratioun the ordor of the Committee of Estats for 
imploying of the victual! of Lieth for the present use of the Armie ^ Thairfoir 
the counsell ordaines proclamatioun to pas through this brugh commanding 
the haill nighbors of tliis brugh or toun of Lieth quho hes victuall within 
the same to delj^v^er the samen to morrow at aught hours in the morning 
at Keirs hous in Lieth quhair some wiU be attending for resaveing the same 
to the effect the samen may be imployed for supjilieing the present necessitie 
of the Armie with certificatioun if they refuis to doe the same their cellar 
doores wiU be broken up and disposed upon at the pleasoure and be ordor 
of the Committee of Estates. 

Unlaws Gilbert Murray merchand in the soume of twentie punds money 



time. 



Cases brought later in the Burgh Court show that no payment was made at that 



OF THE BURGH OF EDINBURGH 255 

for his eight nights absence fra tiie watche in this time of danger and 
ordaines him to goe to waird quliill lie pay tlie same . . . and incaice of 
his absence thairfra hierefter ordaines him to be unlawed in tlie triple. . . . 

1th August 1650. 

Appoyntis the bailhe Robert Lockhart David Wilkie and George Eeguiatiouu 
Cleghorne to oversie thes appoyntit be the kirk sessiouns for haveing cau'e sodgeris. 
of the woundit sodgers lyand in the hospitall at the fate of Lieth wynd that 
things be regulat aright both anent the collectioun of the charitie of the 
nighbors for their use and cUstributioun thau'of among them. 

Forsamekle as the counsell finding it necessarie in the tynie of danger [Officers for 
to have the help and assistance of good officers over their companies witliha compauies.] 
tliis brugh to direct them in any chairge or posture they sail be put to and 
to give their counsell and waitt upon ordor and everie thing of that kynd 
neidfuU for the defence of the Toun and ordoreing of the companies thairin 
. . . elects admitts and resaves Colonell Andi-o Mihie to be their colonell 
Uevtenent Colonell Affleck to be his heutenent Colonell Major Weir to be 
their major dm-eing the Counsells pleasoure. . . . ^ 

Taking to their consideratioun the great paines that Colonell Brymer [Gratuity to 
and liis regiment hes bein at in attending and watching about the walhs Brymer's 
of the Citie most cUhgenthe night and day this tynae bygane quliill the 
Sectarian Armie wes lying neir the same Thairfoir . . . appoynts as a 
gratiiitie and ui recompence of their bygane paines that Colonell Brymer 
have tlirie hundreth merks his heutenent colonell twa hundretli merks his 
major ane hundreth and fyftie merks Captane Burne ane hundreth merks 
and the four hevtenents iUv ane of them twentie fyve pund and the four 
ensignes to have ilk ane of them twentie punds and the quarter master 
ten punds and the marshell ten punds . . . and that the thesaurer make 
present payment thairof . . . and siklyk to pay for the cullors that is 
gotten to that regiment. . . . 

Ordaines the thesaurer ... to pay to Wilhame Shaw merchand foiu- [Entertainment 
builder threttie tlirie pund sexten shilling aught penyes for the expensis ° '"^' 
of the desert bestowed upon his Majestie on Fryday last the second of this 
instant. . . . ^ 

^th August 1650. 

Compeired David Greg Alexander Mairten Johne Caddell Joline [Gunners.] 
Robiesone Johne Gilmour and Thomas Kingstoun sex gunners of Lieth 

' See p. 241 supra. There is nothing to explain why these men were reappointed or 
wherein lay the difference in the two appointments. 
* See p. 253 supra and note. 



256 



EXTRACTS FROM THE RECORDS 



[Fortification 
Leith and 
Ediuburgli.] 



[Arms for 
Colonel Ker.l 



qulio wer thoght fitt to be provydit for the gunnes upon the walls of this 
brugh and acceptit upon them the chairge dureing the CounseUs pleasoure 
. . . quhau-fou- the Counsell alio wis them fyftie pund sterling a month. . . . ^ 
Ai^poyntis Johne Lawder and Robert Murrey to get a roll of such 
nighbors as ar out of the Toun in this tyme and to report to the Counsell. 

[A committee is appointed to inspect the fortifications of Leith and to report 
on the progress.] 

12th August 1650. 

of Forsamekle as the Committee of Estates be then" act of the fom't of 
August instant finding it most necessarie for the good of the kingdome that 
the warks and fortificatiouns of Lieth be with all speid compleitted and 
considering that boattis ar now hindered to come doun the watter with 
stones to Lieth as formerlie threw the stopping of the passage be the Enemie 
did thairfou' authorise the Magistrats of this brugli or any haveing power 
from them to tak or make perfytting of the saids works and that by the 
advyce and at the sight of the General! of Ai'tilerie or any haveing his 
ordor and siJvlyk the committee afoirsaid for the better secureing of the 
Toun of Echnburgh for the good of the Kingdome did by the said act give 
power to the Magistrats of this brugh to caus pull and tak doiui any housses 
new or old that ar upon any part of the Toun wall thau'of or that ar neir 
the same ather witlim or without in any quarter of the Toun quhich they 
sail find necessarie or fitting to be taken doun for the securitie and defence 
of the same And the Committee being unwilhng that the owneris of the 
saids stones and housses sould suffer any prejucUce thau'by without satisfac- 
tione for the same did thairfore give power to the saids magistrats to caus 
some honest sworne men value the saids stones and housses swa to be 
made use of and taking doun and according to the valuatioun thairof the 
Committee declairs the same jJubhct debt and payable be this kingdome. 
[Therefore the Council give instructions accordmgly.] 

Haveing resaved earnest letters fra Colonell Gilbert Ker for some armes 
inrespect of the jjresent scarcitie thairof and that the Committee of Estates 
desyre armour to be lent for the present service for the quhilk the pubhct 
is to become debtors to the good Town Thairfor they doe ordaine the dean 
of gild to delyver to the said Colonell Ker or any haveing his ordor any 
armour he desyres out of the Touns magazen. . . . ^ 

' See pp. 253, 254 supra. 

'' With Colonel Strachan in conunand of the regiment raised by the ministers. These two 
later detached themselves entirely from the supporters of the ICing and even approached 
Cromwell. 



OF THE BURGH OF EDINBURGH 257 

Uth August 1650. 
Compeired Johne Bynnie baillie and produced the report of the (Proposals for 

defence of 

committee of the counsel! appoynted upon tlie twelfF of this instant for Town.] 
considering and directing Cjiiliat is necessarie to be done for the securitie 
and defence of the Toun the tennor cphairof followis Imprimis that the 
twa turrettis at the Netherbow be platformes Item at the Cowgait port 
that the hous upoun the north syde tliairof be taken doun and the gavill 
upoun the south syd thairof be platformes over the streitt and head of the 
port Item that the Pleasance port be ojjened aU the day and the passage 
quhilk is maid be east the same be closed with stone and lyme or chy stane 
Item that the housses betwix the said port and James Loches south gavell 
be comprysed and from his north gavill to the port also Item that James 
Ahsone and Johne Hilstoun with Johne Mihie and Johne Scott be comprysers 
of the saids housses and report to the counsell Item that the stanes of the 
foirwall uiDoun S' Marie Wynd of all thes housses be caried to the bak syde 
of the wester walls of the saids housis and built up thair within my Lord 
Casselhs yaird and that the dooris and windowis quliilk is upoun the wester 
wall may be closed with stane and lyme and that James Loches wooden 
housis the fii'st and second stories thau-of the cloores windowes and uthers 
entries be closed up and siklyk the stane hous also Item that the stane 
hous at the bak of Breistmilnes hous the doors and windowes thairof looking 
to the east and north be closed up with stane or faill and the hous betwix 
the port and that be closed ujd lykways and the futes of thes closses traversit 
with ane earth and stane wall goeing alongs be the fute of Andro Bryssouns 
clos 1 and swa westward from ane yaird fute to another to the west syde 
of Halkerstouns wynd fute to baricad the same to the west newk of the 
stane wall at the North Loche Recommending to Johne Milne and Johne 
Scott to goe about with all dihgence the doeing of the worke abone^vi-ittin 
and appoynting the thesaiirer to give presentlie to Johne Milne ane thowsand 
merks and to Johne Scott fyve hundreth merks for defrayeing all necessarie 
chairges for the present And it is the opinioun of the Committee that the 
wholl nighbors be assisting to this warke Item that all the housses betwix 
the Cowgat port and the Societie Port be valued be the forsaids jaersones 
that they may be taken doun also for the securitie of the Toun. [The 
Council approve the report and give order accordingly.] 

nth August 1650. 

The counsell being now conveened extraordinarhe by warrand of the (Governor of 
Committee of Estates the Lord Register the lord Broclie the lord Hoptoun 

^ Otherwise known as Trunk's or Turing's close. 

R 



258 EXTRACTS FROM THE RECORDS 

and Sir Jolme Cheislie represented from the Committee that the armie 
being now to march out of their trenches towards the Enemie thair will 
be a necessitie of leiving a garrisone m Lieth for tlie securitie of that place 
the Governom- quhairof they conceave at this tyme be a skilfuU General! 
officer qnhairin the Committee desjTed the Toun counsel! might be spolien 
to know whither at this tpue they would plead any enterest in tlie placeing 
the governour desyreing also that for compleittmg tlie fortificatiouns of 
Lieth tlie Toun would take some speedie coiu'se for proyj^ding shovelles 
and other instruments and materiaUs necessarie And in respect of the 
necessitie of tlie Armie they lyk^^Tse shew the resolution of the Committee 
of Estates conforme to their act past this day that one moneths maintenance 
sould be advanced presently bj' t!ie commissioners of ShjTes and Burrowes 
here present for their several! shyres and burghes and that the counsell of 
Edinburgh might be desjTed to take course for advancemg one monetlis 
maintenance paj'able by the Toun quhairin they hoped the good Toun 
out of their effection to the cause and pubhck service ■niU not be wanting 
but exprese their readines and forwardnes as formerly the}' have done 
The counsel! haveing taken in consideratioun tiiese particulars severaUie 
and first concerning the Governour of Lietli after mature dehberation 
understanding that the Committee and General! officers would not be willing 
to Heve any considerable garrisone thair if tlie counsell at tliis tymes 
clamed tlieir interest in the placeing the Governour but would put the 
defense of that place upon the Toun ^ Therfor the counsell doeth un- 
animously resolve and conclude to Heve for this tyme the nominatioun of 
the Governor of Lieth to the Committee of Estates -nith a speciall condition 
that it sould be provyded in their act or commission for naming and placeing 
the Governour that it wes upon the desyre of the counsell of Edinburgli at 
this tjTne only and with speciall provisioun that it sould not be prejudicial! 
to their pri^-iledge of placeing the Governor conforme to the thretten act 
of the Parhament in Juhj i™ %n'= fom-tie njTie concernemg the fortificatiouns 
of Lieth. 2 [The treasurer is ordered to provide shovels and other necessaries for 
the fortifications of Leith and to pay one month's maintenance, being 6,490", 
taking it from the money lent by the neighbours and, if needful, borrowing to 
make up the requisite sum.] 

21st August 1650. 

rEeguiations [The Council and extraordinarj- deacons] takeing to their consideratioun 

how the haill companies of this brugh hes bein upoun the night watclie 
thir several! nights bygane without intermissioun and to the effect they 

" See p. 239 and note supra. 

* The act refenred to {A.P.S. vi. (2), p. 212) makes no mention of the goveraorship. 



for watch.; 



OF THE BUEGH OF EDINBURGH 259 

mey have some ease . . . appoyntis eight companies of the sexten companies 
... to be nighthe upoun the watche and to reheve uthers night about 
be courses and that the twa companies of the youths divyd themselfis 
equallie and the one halfe of ilk; ane of their companies to be upoun the 
watche nighthe and the uther half to reheve them night about . . . 

Thinks fitt that all thes housis in Sanct Marie Wynd and lieth wynd [Hoosestobe 
on the west syd thairof be taken doun the demolishing quhairof sail be ^° °^^ 
fund necessarie for the present securitie of the Toun and that the committee 
of fortificatioims with the master wright and master massone meitt and 
consider cjuhat houses may be spaired to stand and quhat sould be casten 
doim for the present . . . 

[A committee is appointed] to consider quhat course to take with thes {AJ*^"***^ 
that have withdrawen themselflFs from this brugh in this tyme of so imminent 
danger and to meitt the morne eftir sermon to that effect and to report 
their opiniouns to the cormseU. 

pi'' James Hodge, one of the doctors in the Grammar School, has served 
as master there for the past four months, fohowiEig the death of M' WiUiam 
Spence, late master there. He is to be paid 50 merks for his service.] 

■2Srd August 1650. 

[The treasurer is to pay to Captain Henry Sibbald, commanding one of the 
three Irish companies the Town's proportion of July's pay. This, after deductitig 
300" for quartering in Leith, amotmts to 64".] 

Gives ordour and warrand to Robert Walwood and the seriands and [Horses for 

' aitfllerr.] 

muskiteirs with liim to take all the countrey horses he can find within this 
brugh Canogait Portsbrugh and Pleasance for the service of the traine of 
the artUerie and to seik and searche all the stables within the saids botmds 
for that effect excepting always horses belonging to ministers and such as 
bring in provisioun to this Toun quhich they ar not to make use of . . . 

Taking to their consideratioiui how necessar it is to have a ntmiber of [caimon for 

<~> WaH-l 

mae gunns and peices upon all the basteonis round about the waUs of this 
brugh for the defence thairof and considering that thair will be a necessitie 
of much powder ball and uther materiaUs both for the companies and for 
thes gunns upon the walls incaice of sei^ce and actioun the chairge and 
oversight quhairof will requyre one of verie great trust and skill Thairfor 
the cotmseU knowing the abilities and faithfulnes of Johne Milne master 
massone . . . appoynt him for that chairge . . . 

30fA August 1650. 
Forsameikle as the Com m ittee of Estats be their act of the nvnt of rReapmg 

^ * hooks.] 

August instant considering that the trowperis and uthers of the Armie doe 



260 EXTRACTS FROM THE RECORDS 

destroy and trade doun much corne for want of liookis des^Teing and 
recommending to the Provest baiUies and counsel] . . . with all speid to 
caus mak and provyd ane thowsand good hookis for the use of [the] Armie 
. . . Ordaines the thesaurer ... to goe presentlie with all speid and buy 
the forsaid number of hooks for the use of the pubhct . . . ^ 

2nd September 1650. 

[Fortifications Taking to their serious consideratioun the great danger that this brugh 

To™.) ^° hes been into by the approach of the Sectarian Armie to the same and to 
the toun of Lieth throw the want of fortificationes about this town and 
the incompleitnes of the fortificationes of Lieth and how easihe the enemie 
might have taken both this toun and Lieth to the utter ruin thereof and 
to the great prejudice of the whole kingdome if our [Armie] had not lyen 
about thir partes for the defense and securitie thereof and though now 
at this tyme the Lord is graciously pleased to cause that enemie take the 
retreat before our armie ^ yet for preventing the lyke danger in tyme 
comeing finding it most necessarie for the good and saftie of this toun and 
all the nieghbors and their whole goods and estates and for the great good 
of the wholl kingdome that this toun be fortified and that the fortificatiouns 
of Lieth be completly perfjrted . . . doe unanimously resolve and ordaine 
that this towne be fortified and goe about the same with all deligence and 
for this effect to cause strenthen the walls bigg up new battenes and works 
digg ditches about all quarters cast doun houses neir the waUes conforme 
to the ordor of the Committee of Estates of the foiu-t of August and 
particularly appoynting that James Loches housses in S' Marie Wynd be 
alned and estimate therefter be demoHshed and taken doun that part of 
the toun from the Cowgait port to Lieth wynd foot may be strongly fortified 
by strenthening the wall and casting grasses all alongs south and north 
and lykways they ordaine the fortificatiouns to be completed and perfyted 
with aU deligence.^ [The committee for fortifications, named on 12th August 
is to meet and report what should be done.] Further ordaines the Lord 
Provest the baiUies Robert Lockhart the Clerk and James Borthuik to goe 
to the Committee of Estats now with the Armie and present this resolution 

1 The treasurer bought " fourscore dozen " reaping hooks for the purpose at a cost of 
240" 13" 4<'. 

^ In the night between Friday and Saturday, .30th and 31st August, Cromwell and his 
council of war determined to fall back on Dunbar. A cold and rainy August, the lack of 
shelter and insufScient food had reduced the strength of the English army, so that retreat was 
compulsory. On 31st August the first stage of the retreat, to Haddington, was made. Leslie 
followed, but did not engage. On Sunday, 1st September, the English army reached Dunbar. 
Leslie occupied the hillside of Doon, with a small detachment flimg out to guard the road 
at the defile at Cockburnspath. By all appearances the English army was trapped. 

* See pp. 256, 257 supra. 



OF THE BURGH OF EDINBURGH 261 

to their [ ] and to labour with them for helping and advanceing so 
good and great a work . . . that ane moneths mantenance at least may 
be gi-anted of the whole kingdome to the good toun and that they would 
make a serious recommendatione tlierof to the Parhament. 

The Lord Provest haveing made report that he with the baillies thesaurer 
and so many of the counsell as could be conveened upon Setterday last in 
the efternoone finding in respect of ordors sent to Colonell Brjnner that 
his regiment sould presently mareh to the armie that there wes a necessitie 
to give him satisfactione for baiggage horse to his regiment [allowed to him 
1,000 merks for the f)urpose. The Council approve the arrangement. In con- 
sideration of the services rendered by the Colonel and Boza his Ueutenant they 
are to be received biu-gesses and gild- brethren gratis.] 

The same day Alexander Brand ^ ajj^jearing before the counsell and 
presentit to them very humbly a petition earnestly desireing to be restored 
to his burgeshii3e and gildshipe taken from him by ane former act of 
counsell of the date the last of Junij i™ vi" fom'tie eight and the counsel! 
considering that the said Alexander lies lyen this long tyme out of these 
ryghts to his great prejudice and that since he hes behaved himselff very 
honestly and soberly and in these tymes of trouble hes been very readie 
to doe all dewties of watching and warding and ail other dewtie performed 
by any other neighbour and burges for the defence of the toun sicklyk 
and as friely and willinglie as if he had been a burges Therefor the counsell 
knowing the mynd of the jaersons interesed in the busines and being 
considerat that the said Alexander sail carie himselff mor dewtifully then 
formerly [order the dean of gUd to admit him anew without payment. He is to 
have a new burges ticket.] 

Taking to their consideratione tiie great abuse committed be a number Prociamatioun 
of countrey people and utliers in cutting doun of all sorts of cornes and 
bringing of them to this brugh Canogait and Lieth for fieding of horses 
and selling of them to nighbors to the great hurt and prejudice of the 
coinitrey susteind tlierby Therefor ordaines prociamatioun . . . cUschaLrge- 
ing any persone quhatsmuevu' to be suffered to come in within this brugh 
Canogait Lieth and pendicles of the same with any sort of sliorne corne 
and if [any] persone sail happen to be aijprehendit thairwith or selling 
the same . . . that they be put in prisone therin to remaine quhiU they 
pey twentie punds money illc persone and underly farder punishment at 
the will of the magistrat. 

ith December 1651. 

The quhilk day Su- James Stewart Provest Joline Bynnie Patrick 
Thomsone Robert Fowhs Robert Lockhart baillies George Suittie dean of 

' See pp. 153-6, 173 supra. 

b2 



1650. 



262 EXTRACTS FROM THE RECORDS 

Actanentthc gild James Rvicheid Lcaurence Hendersone David Wilkie Johne Denhame 
coSSeUsen"^ Joline Meiu Robert Murrey Johne Lawder merchands Gilbert Sommervell 
September" tailycor James Cleland chinirgian together with the deakens of crafts 
James Borthuik of the chirurgians George Cleghorne of the goldsmiths 
Michael Gibsone of the tailyeors Johne PoUok of the cordiners David 
Thomsone of the \\Tights Together with the extraordinar deakens Alexander 
Lyndsay of the hammermen Robert Pargilhes of the furriers Alexander 
Meinzies of the maissouns James Baillie of the baxteris Alexander Smyth 
of the fleshers James Lawsone of the wivers being convened in Counsell . . .^ 

[Proxies are elected for absent voters.] 

bth December 1651. 

[Election of [The Comicil and extraordinary deacons] appoynts Robert Adamsone to 

siibscryve the acts given out to the old deacons for conveening of their 
trade and choosing of then' new deakens in absence of M'' Alexander Guthrie 
and M"^ Andro Ker ^ their Clerks and swa such uther thing endureing the 
electioun . . . 

[Bill of Health] Graunts bill of health under the seill of cans ... to Henrie Wilkie 
merchand testifieing that he hes shippet certane lining cloth salmond 
quheat and uther merchandeable commodities at the port and harberie of 
Lieth bound [for] Cadiz in South Spaine. . . . 

lOth December 1651. 
[The new deacons of crafts and new councillors are elected.] 

\2th December 1651. 

[The Council and extraordinary deacons postpone the election of the leets 
for the magistrates to Monday 15"> December.] 

nth December 1651. 

continuatioun [The Council and deacons, new and old, with fifty-one neighbours] continues 

Magistrats. the electiouu of the lytts of magistratts till the haill English Commissioners 

' Two pages are left blank for this act, which might have recorded the occupation of the 
Town by Cromwell and his army. At tliis meeting, of the Council elected in 1649, the treasurer. 
Sir William Dick, two coimcillors and three deacons were absent. There had been no meetings 
of Council since 2nd September 1650. NicoU, in his diary under the date 26th November 1651, 
narrates how Lieutenant-General Lambert had attempted to elect the magistrates hiinself 
in 1651, but that the Cotmcil had refused any magistracy but one elected after their own 
manner, so that for that year any justice was done by English courts held at Leith. But 
see pp. 310-2 infra, which gives the Coimcil's own accoimt of the interregnum. 

" Mr Antlrew Ker was a prisoner in London. See p. 264 and note. 



OF THE BURGH OF EDINBURGH 263 

come doun and be supplicat for the old forme and maner of 
electioun.i 

[Twelve persons are appointed] to be a committee of the assesment of [Committee for 
twa hunder pund sterling - imposed upoun the brugh of Edinbin-gh Canogait 
Leith and pendicles be ordor of Major Generall Lambert of the sexten 
December instant in place of fyve hundreth fyftie four pund aught shilling 
ten pens sterling imposed upon them for a moneths tyme payable the 
twentie fyve of this instant and to divyd the said soume to ilk ane of them 
theii- awen pairts therof to the effect the samen may be imposed upoun 
the nighbors in their places respective forsaid equallie and iiroportionalhe 
and exacted and payit againe the said day under the pames conteind in 
the ordor gevin out theranent quherof the tenner follows Upon the payment 
of twa luuidretli pund sterling by the inhabitants and heretors of the burgh 
of Edinburgh and toun of Lieth at our [ ] befoir the twentie fyve of 
this instant December to M'' Robert Sympsone collector of the shyi-e of 
Edinburgli the said inhabitants and heretors of the brugh and toun aforsaid 
sail be respited and dischau-ged from paying the proportion of assesment 
laid upon them by the lait warrand of assesment untill farder ordor from 
one and M"" Sympsone collector is accordinglie to tak notice hierof Given 
under my hand and seal sexten of December i"^ vi^ fyftie ane sic subscribitur 
Lambert . . . 

Appo3mts James Philp to wryt out the rent of Heriots Hospitall that it ',?''?'■.?''„ 
may be schawen to Major Generall Lambert quha requyres a sight therof . . . P'lai] 

24:th December 165L 
Compeired Sir James Stewart provest and producit a missive direct to Hotter to 

Provost 

him be the Chancellor from Sterling daittit the fyve September i^" vi'^ Diotiuced.i 
and fyftie and desyi'ed the samen to be insert in the counsell book Quhilk 
the counsell thoght reasonable and ordained the samen to be insert in 
their counsell book quherof the tennor followis For the right honorable the 
lord Provest of Edinburgh My lord tlie Committee of Estates taking into 
consideratioun what may be your conditioun upon the Enemies approache 
to the Toun of Edinbiu-gh hath appoyntit me to acquaint yow that it is 
their desyi'e incaice yow find not thes people quhich ar left in Edinburgh 
both wiUing and able to defend it (as we suppose they ar not) that so soone 

' These commissioners who took up their residence in Dalkeith Palace in January 1652 
were Ohver St John, Sir Harry Vane, Monck, Lambert and three others, their title, " Com- 
missioners of the Parhament of the Conunonwealth of England for managing the affairs of 
Scotland." 

- Taxation for the army of occupation. It proved even more difficult to evade than tlie 
monthly maintenance. 



264 



EXTRACTS FROM THE RECORDS 



[Summons to 
Mr David 
Dickson to 
return.] 



[Plan of Town 
assessment.! 



as the Enemie makes a neir approaohe to the Toun that yow cannot stay 
without hazard of being under their power you retire yourselfe hither 
quher the Committee conceaves yow may be usefuUie imployed in advanceing 
the pubHct service from quhich yow cannot hot expect to be disenabled 
if yow sould remaine in any place that sail come under the Enemies power 
So expecting your obedience heirin we rest yom* affectionat fi'eind sic 
subscribitur Loudoun Can"""- I. P. D. Com. Sterhng the fyve September 
1650.1 

[A committee is appointed to look after the Common Good. The same 
committee, with the Provost as supernumerary, is to confer with the Kirk 
Sessions] anent some provisioun for the maintenance of the ministers at 
home and help of the ministers in prisone at Londoun.^ 

[In all future taxation, mamtenance or cess, the following proportion is to 
be kept : of every 100" Edinburgh is to pay 72" 3^ 4'i ; South Leith 13" 18^ 4^ ; 
North Leith 41' 3« B" ; Canongate, 9" 0^ 11<> ; Pleasance 13^ 11*.] 

Gives ordor and warrand to Robert Adamsone to subscrive depute in 
name of the counsell to the draught of a letter pennd be M"" George 
Hutchiesoun minister direct to M^ David Dicksone Professor of divinitie 
within this Colledge for the present at Glasgow or Innerary for his returne 
to his chairge heir in thir present defficle tymes quhen they want both 
Principle and Rector.^ 

lUh January 1652. 

[The plan for the assessment upon the Town and its liberties for the year 
December 1651 to December 1652 is produced, showing the monthly assess- 
ment on the Town to be 2,000"] quhilk is divycUt as efter foUowes viz. the 
nighbors markit in the rollis with number 1. are twentie fyve persones at 
four pund eleven shilling four jDcns ilk man and extends to ane hundreth 
fomten pund ane shilUng foin penyes The number 2. ar foitrscoir four 
persones at tlu-ie pund ten sliilhng ilk persone inde twa hundreth fourscoir 
fourten pund Number 3. are twa hundreth fourscoir fom'ten persons at 



^ On 27th September the Commission of Assembly, appUed to by the Provost, baiHes and 
some of the Council as to whether they should return to the burgh and hold their elections, 
answered that such a course would be both inexpedient and dangerous (Proceedings, iii. p. 70). 
The application was doubtless a consequence of this command. 

- Mr Robert Douglas, Mr Mmigo Law, Mr John Smith and Mi- James Hamilton with the 
clerk of the General Assembly, who was also Town Clerk, members of the Committee of the 
General Assembly, had been taken prisoners at Alyth by the English imder Colonel Aldrich. 
They were sent to Broughty Ferry and thence shipped to London on 28th August 1651. 

' The Rector, Mr Robert Douglas, was a prisoner. In any case the appointment was 
yearly. Dickson, since Jiily 1650, had been eiuployed on various charges which would take him 
from Edinburgh, as chaplain to the army and as commissioner to confer with the Protestors 
in the west country. It seems probable that he had followed or accompanied the Marquis 
of Argyle to Inverary, where the latter had retired after the subjugation of Scotland by 
Cromwell and Monck. No reason seems apparent for the principal, Mr John Adamson's 
absence. 



OF THE BURGH OF EDINBURGH 265 

twa pund aught shilling ilk persone inde seven hunclreth fyve pund twelff 
shilling Number 4. ar thrie hundreth fourscoir seven persons at ane pund 
ten shilling ilk persone inde fyve hundreth fourscoir punds ten shiUing 
Number 5. ar four hundreth fourscoir seven persones at sexten shilling 
aught penyes ilk persone inde four hundreth fyve pund sexten shilhng 
aught penyes Extending in the haill to the forsaid soume of twa thowsand 
ane hundreth pund . . . ^ 

[Robert Sympsone, collector of the month's cess, acknowledges receipt of the 
money for the month 25"" December to 25"> January.] 

Appoyntis George Wauchop lait thesaurer of Heriots Hospital! to goe [Rental of 
doun to Leith with the iJarticullar rentall of the said hospitall for the use Hospital.] 
of Generall Major Lambert and the commissioners . . . 

The memberis of the lait counsel! being conveind doe hierby give ordor [Payment for 

* Pjiiii 's Work 

and warrand to Johne Tailfier collector of the dewes of the milnes of the and correction 
water of Lieth to pay to Robert Trotter taksman of the manufactories at 
Bonningtoun Pauls warke and Correctioun hous the soume of four hundreth 
punds scotts money in part of peyment of the bygane annuelrent dew be 
the good Toun to the said taksman. 

Appoynts Johne Foster collector of the Touns common good within [Couege 
this brugh to call and persew for the bygane maills of any thing dew to the 
good Toun and to pay to the regents of the Colledge the soume of twa 
thowsand merks thairof . . . 

[The constables are ordered to supervise the cleaning of the streets] and [cieaninK of 
to imploy and caus the nighbors imploy their servands for carieing the 
mucke on the north side of the hie streitt doun to the North loche side 
and thes on the south syde and Cowgait to caus carle the mucke therof 
furth at the West port and Cowgait port and uther ports nixt adjacent 
therto ... ay and quhill the haill be clenged . . . [Those neighbours who 
refuse will be fined and have soldiers quartered upon them.] - 

20th January 1652. 

[The Council, ordinary and extraordinary deacons with some of the old [Petition for 
magistrates and Council] eftir informatioun given be the counsell to the ■"''e'^'''''<'yl 
nighbors old magistratts and counsellers conveind anent the necessitie 

' This shows the taxable population of the burgh at that date to be 1,267 persons. The 
actual cess was l,732li and the balance was for the expenses of collection. A different roll 
seems to have been made each month and the numbers in each vary slightly. 

- This order may have been consequent on the proclamation concerning lighting and 
cleaning the streets, issued by the Court Martial at Edinburgh. In that the Provost was 
desired to see that the streets were cleaned within fourteen days. No inhabitant of Edinburgh 
was to throw water or filth from their windows, imder pain of 4s. sterling, whereof 2s. to the 
discoverer and two to the poor of the Town [Scotland and the Commonicealth, p. 347). 



266 



EXTRACTS FROM THE RECORDS 



[Town's rights 
for election of 
magistrates.] 



of supplicatting the English Commissioners for a Magistracie and mviteing 
of them to the Toun quho for the present ar lying at Dalkeith they all 
unanimouslie agried therto. [Therefore Archibald Tod, James Riicheid and 
David Wilkie, merchants, Gilbert Sommervell, Robert M<:Kean and Johne 
Milne, crafts, are chosen to go to Dalkeith] with power to them to manage 
the matter the best they can upon the place ather be word or 
writt. . . . ^ 

21th, January 1652. 

[In presence of the Council and extraordinary deacons report was made 
by four of the commissioners sent to Dalkeith that the Enghsh Commissioners 
desired them] to evidence their originall ryghts anent the priviledges of 
electioun of magistratts to the effect they might know quhat to doe theranent 
the counsell thinks fitt that the Touns great Chartor anno i^ vi^ threttie 
thrie [sic] and the decreitt arbitrall betuixt the merchands and crafts anno 
jm yc fourscoir thrie and ratificatioun therof amio ane thowsand iyve hunder 
fourscoir four sould be sent up to Dalkeitii . . . and appoynt Robert 
Adamsone to goe up to Dalkeith the morne with the Touns commissioners 
and to carie the said Chartor decreit and ratificatione and to use their 
diligence for bringing of them bak againe . . . ^ 



30th January 1G52. 

[The Council and extraordinary deacons order an answer from the Enghsh 
Commissioners to be kept tUl the following Wednesday when the Provost wiU 
be present and the Council more fuU.] 

[Impositions,] AppojTits Patrick Thomsone and Anch-o Bryssone to goe to Lieth and 

to present the Enghsh Commissioners ordors chrect to Richard Saltounstall 
and Thomas Desborow for staying of the ordors emitted be them in Lieth 
in favors of M'' Alexander Dick quho hes purchest ane ordor from them 
agains the lait collectors of the publict and under that natioun doe trouble 
and molest sindiie of the nighbors of this brugh for thes publict impositiounes 
quhilk wer collected be the Captans anno i™ vi^ and fyftie . . . 



[Election of 
magistrates.] 



11^/i February 1652. 

[The CouncO,' ordinary and extraordmary deacons with one hundred and 
twenty-nhie neighbours and others not named bemg convened] in theh 
presence compeird Robert Sympsone . . . and producit and delyvered to 
John Bynnie in name of the nighbors conveind twa papers viz. a privat 
paper or missive direct from the Enghsh Commissioners to the said Robert 

' See p. 262 and note. ' See Scotland and the Commonwealth, p. 35, note 3. 

' The Provost was not present. 



OF THE BURGH OF EDINBURGH 267 

himselff and a i^rinted paper direct to the Biirgesses and nighbors of the 
brugh of Edinburgh . . . Quherof the tennor foUowis The privat letter 
direct to Robert Sympsone is as foUowis Sir reposeing especiall trust in 
yow we have thoght fitt to send thos inclosed warrants to yow being two 
and liierby authorise and ajjpoynt yow with all possible S2]eid to convein 
the heretors rentalleris burgesses and nighbors of the shjrres and burgliis 
of quhich yow ar Collector at some fitt place and tlier to delyver the said 
inclosed to them respective and furthwith to give us ane accompt of what 
is done hierupoun Not doubting of your owtmost deligence in a matter 
of soe great imiaortance we rest your loveing freinds Sic subscribitur 
01. S* Joline H. Vane J. Lambert Ri. Beane J. Fenwick Ri. Salwey George 
Monck Robert Tichborne Dalkeith 20 Januar i™ vi" fyftie ane.^ The 
printed paper direct to the burgesses and niglibors of this brugh is as 
followis By The Commissioners of the ParUament of the Coraoun wealth 
of England for ordoreing and managing affaires in Scotland The Parhament 
of the Common wealth of England haveing declaired their intentiouns 
concerning the settlement of Scotland and ajjpoynted us their Commissioners 
to pubHshe and make knowen the same to the people of this natioun and 
to use our indevoir cjuherby the said settlement may with most satisfactioun 
and sjieid be effected and the whole Island threw the goodnes of God broght 
to ane liapie and lasting peice we doe therefou- by vktue of the power on 
that behalf given us authorise and requyre yow to meitt in some convenient 
place within your brugh and tlier to nominat and elect two j^ersones of 
integritie and good affectioun to the weelfair and jDeace of this Island 
quhich said persones so elected with full power on your behalfe for effecting 
the premissis are to be with us at Dalkeith upon the twelff day of Februar 
nixt being Thursdey Gevin under our hands at Dalkeith this twentie ane 
day of Januarij i™ vi^^ fyftie ane [signed as above]. ^ Eftir reading of the 
jjrivat missive and jiubhct ordor befoir mentioned the nighbors wer desyred 
(be Johne Bjmnie as old baillie and speaker nemine contradicente) to proceid 
to the electioun of twa commissioners for this brugh conforme to the 
warrand afoirsaid and the rolls broght in to call every man be his name to 
that effect Bot to eshew such a tedious worke and confusioun of electioun 
the greatest part of the nighbors inclyning rather to have it done in a more 

' England still used the old system of dating, abandoned in Scotland in 1600. 

- A letter from Monck to Cromwell anent the proposed interference with the elections in 
Scottish burghs stated that " all the burghes in Scotland (being incorporated into one body) 
were the very first that owned us and submitted to us, and have since lived peaceably under us, 
and whose interest is most agreeable with ours by reason of their trade and trafflck, and so 
more easily to bee interwoven with ours and therefore more tenderly and carefully to be 
cherished by us." This expression of opinion may have helper! towards the permission to 
carry out elections in the usual maruier. These persons signing were the eight commissioners 
sent to settle the civil government and prepare the way for a union. 



268 



EXTRACTS FROM THE RECORDS 



[Election of 
com- 
missioners.] 



[Refusal of 
commissioner.] 



[Materials of 
leperhouse for 
repairs.] 



ordorlie wey desjTed the voices of the nighbors to be taken anent the maner 
of election Quhither the samen sould be done be the nighbors ther conveind 
or remitted be them to the members of the counsell as nighbors in their 
name Conforme quherunto the suffrages of the nighbors conveind wer 
taken and voiced and marked under thir two words counsell or nighbors 
(the members of the counsell being no voicers) all voyceing to the counsell 
wey of electioun except eleven persons onlie. [Whereupon John Bynnie, 
speaker, reported the proceedings to Robert Sympsone and took instruments.] 

Electis Johne Denhame merchand and James Fairbakne goldsmyth 
conforme to the warrand direct to nighbors be the English Com- 
missioners. . . . 

nth February 1652.1 

The quhilk day the memberis of the counsell . . . being conveind at 
the desyre of the nighbors for electing tuo of their number to attend the 
Enghshe Commissioners of the Parhament of the Common wealth of 
England at Dalkeith . . . and haveing maid choys of Johne Denhame 
merchand and James Fairbairne goldsmith they sent for the said Johne 
Denhame and acquainted him therwith quho compeirand refuised absolutUe 
to accept 2 quherupoun Johne Bynnie in name of the memberis of the 
counsell askit and took instruments in the hands of Robert Adamsone 
clerk nottar i:)ubhct to bier witnes of their dehgence in obedience to the 
ordors and warrand afoirsaid and of the said Johne Denhame his refuisall 
This wes done in face of counsell about twelfif acloak of the dey moneth 
and yen- of God afoirsaid. 

Gives . . . warrand to Johne Foster the Touns servand to tak of the 
roofe of the lipiierhous ^ timber and sklaitts and caus carie the same in 
to the hospital! at the fute of Lietli wynd for the use of the Netherbow 
and Toun milnes or any uther publict warks im-espect the samen is alreadie 
thrd in part be strangeris and in short tyme nothing will be left theron. 



[Refusal of 
commissioner.] 



I2th February 1652. 

[The Council being convened] * Compeired John Bynnie and shew to 
the counsell that the commissioun delyvered be Robert Adamsone at 
Johne Denhames hous yesternight wes sent doun to his hous this morneing 



'■ Tliere appears to be some error in the dating of this and tlie preceding entries. Both 
are for the same date, but definitely refer to different meetings. Possibly this meeting took 
place in the afternoon, but it was usual to indicate such special meetings. 

^ John Denliame, who held office after Engagers were expelled from the Council, was 
of the extreme Presbyterian party. It is possible that he refused to be a party to treating 
with " sectaries." The errand to Dalkeith was to hear and tender their assent to the proposals 
for union with England. See Scotland and the Commomvealtli, p. 41. 

^ At Greenside. * The Provost was not present. 



OF THE BURGH OF EDINBURGH 269 

tymous inclosed in a paper under lies wyfes hand as follows Sir Baillie my 
husband being gone out of Toun I thoght it my dewtie to returne yow this 
l^aper My husband did not sie it I am confident yow will take such course 
as sail be most for the Touns good yoiu- loveing freind {sic subscribitur) 
Kattrm Name Quherupoun they du-ectit [James] Faii-bau'ne to goe up to 
Dalkeith and to take the commissioun and instrument of his refuisall with 
him to beir witnes of the counsells obedience and the said Johne his dis- 
obedience and refuisall . . . 

I4th February 1652. 

[James Fairbairne reported to the Council ^ his dihgence on 12"' and 13"' 
instant and postponement of proceedmgs till Monday. The Council was warned 
for that day.] 

IQth February 1652. 

[The Council ^ with the extraordinary deacons m consequence of James 
Fairbairne's report on Saturday appoint him to go back to Dalkeith] to [Commissioner 
attend such ordors as theu- Honors sail injoyne for electioun of another in ' 
place of Johne Denhame absent and to desjrre their Honors not to impute 
it to any neglect of the Toun quho ar reddie and willing to give all satis- 
factioun in quhat they are able . . . 

\ltli February 1652. 

[The CouncU ^ and extraordinary deacons bemg convened] Compeu'ed [Special meet- 
Johne Bynme and producit a missive letter direct irom James l^au-bau-ne 
their commissioner at Dalkeith to the said Johne Bynnie and im'espect 
the said James being unwell is to be at this Toun once tliis dey the counsell 
requyres the gild officer to wairne the haill members of the counsell to 
convem at ten a cloak being the aughten of this mstant within the laiche 
counsell lious of this brugh as they tender the weilfaer of the Toun. . . . 

I8th February 1652. 

[The Council ^ and extraordinary deacons being assembled James Fairbairne 
produced a new order from the Enghsh Commissioners for the choice of two 
commissioners to be at Dalkeith on 23rd instant. The Council elect WiUiam 
Thomson and James Fairbairne.] 

Appoynts the counsell to be wairned at all occassiouns for assisting counseu 
their commissioners with their best advyse and counsell as their bussines sine quorum. 
sail happen to requyi'e from tyme to tyme and quhat number of the counsell 
sail happen to meitt being wairned Gives power to them to give their advyse 
therin.i 

1 The Provost was not present. 



270 EXTRACTS FROM THE RECORDS 

2lst February 1652. 

[The Council ^ and extraordinary deacons, in respect of the iUness of James 
Fairbairne, appoint John Milne, mason in his place.] 

29th February 1652. 

(Town writs to [The Council,^ after the reading of two private letters from William Thomson 
uaikeitL.] ^^^^ John Milne] ajipoynted James Rucheid and Gilbert SommerveU and 
David Wilkie to bier them comiDanie and appoynts George Chejoi to carie 
alongs with them the Touns last Magna charta i™ vi^ tlirettie sex and all 
uther giftis grauntit to the good Toiin sensyn as the gift of the merk of the 
toun the gift of deamie of Edinburgli the gift of the aught penny of the 
pynt of wyne and sexten penny of seek and strong watters and gift of 
annuitie the charters of the superioritie of the Canogait and North Lieth 
Bishoprik of Orkney Kings Warke of Lieth superioritie of Portsburgh 
Heriots Warke and such lyk for the use of the Touns Commissioners and 
to be cairfull of the bringing of them bak agane. . . . ^ 

3rd March 1652. 

[The Council ^ and extraordinary deacons agree that copies of the writs 
mentioned above are to be sent to Dalkeith, which may be delivered to the 
EngUsh Commissioners.] 

4th March 1652. 

[Election of [The CoimcU and extraordinary deacons being convened] compeired Jo line 

Byiinie and producit a missive letter dii'ect to him from William Thomson 
and Johne Milne fra Dalkeith yesternight with a paper and parchement 
inclosed the paper calht the Touns protectioun daittit twentie seven 
Februar and the parchment callit the charter for electioun of Magistratts 
daittit the second of Marche instant and desyred the samen to be read in 
presence of the coimsell Quhilk wes done . . . And eftir much debait a 
questioun wes staitted quhither the counsell now conveind sould make 
choyse of the magistratts or if the nighbors as the collective bodie sould 
be conveind consulted and their consent given to the counsell befoir electioun 
of magistratts sould be done be the counsell eftir the old rites and customs 
conforme to the expres sens and meining of the warrand producit Quherunto 
the Provest Sir James Stewart Robert Foulis baillie Johne Denhame and 
David Kennedie dissassentit. 

1 The Provost was not present. 

^ See p. 266 supra. It is interesting that it was not tlie charter by James VI in 1603 
which was sent, but the modified one by his son, Charles I. The other documents concerned 
the Town's superiorities and the grants necessary for relief of the common good. The 
inclusion of Heriot's Hospital writs probably was due to the English claim to Heriot's legacy, 
as his wealth had been gained in England. 



OF THE BURGH OF EDINBURGH 271 

5th March 1652. 

[The Council and extraordinary deacons being convened] compeired [Election of 
WilUam Thomsone and Jolme Mibie . . . and besyd the paper and parche- 
ment sent in yesterday and producit they did lykwayis exliibite uther 
papers viz the printed declaratioun of the Parliament of the Commoun 
weath of England concerning the settlement of Scotland daittit anno i™ vi'^ 
fjrftie ane with the printed explanatioun of the forsaid declaratioun together 
with the Enghsh Commissioners their queres caUit the Tender the Touns 
commissioners or deputies (as they call them) their acceptance of the said 
Tender daitit twentie seven Februar last The Touns jDrotectiomi following 
therupoun of the said daitt with the propositiouns of the commissioners 
of Edinburgh to the Commissioners of the Parhament of the Common 
wealth of England and another paper anent the electioun of Magistratts 
and filling of the place of the members of the counsel! absent or refuseing 
daittit tlu-id instantis all quhich being pubhcthe read . . . and smdrie 
questiouns stated be the Provest to be voited and nothing condiscendit 
upon dryving over tyme the Provest fell awrytting of a i3roi:)Ositioun of 
his owen making In the interim Williame Thomsone and Johne Mihie 
producit the Tender to be subscryved be the CounseU conveiiid as persones 
electors conforme the last article of the great parchement Immediathe 
the Provest Sir James Stewart cUd convert Ms propositioun in a protestatioun 
and protestit that befoir the lytting or electing of the counseU or magistratts 
by the nighbors quliich he conceives is requyi'ed by the Toun of Edinburghs 
commissioners that first the English Commissioners their mynd be knowen 
quliither the lait counsell sail be the electors they obeing the ordors sent 
in to them or whither the lyk meitting of nighbors as gave the commissioun 
to the laitt counseU sail be the electors Lykas Robert FouUs Johne Denliame 
David Kennedie and James Lawsone declau'ed they adliered to the forsaid 
protestatioun desyreing to have the voice of the counsell quhither they 
would adniitt of the protestatioun befoir they sould proceid to the electioun 
of the lytts yea or nay and removed themselffis to get tlie counsells answer. 
In the interim quhill the Provest wes condiscending upoun the propositioun 
and befoir he turned it in a protestatioun comjoeird Robert Achiesone and 
Alexander Brand and give in a bill for themselfis and in name of the nighbors 
of their sens of the said electioun that the samen sould be remitted bak to 
thes fra quhom the order flowed that they may be themselfiis for this tyme 
appojait magistratts for this ensewing yeir and the samen to be without 
prejudice of the hberties of the Toun in aU tyme comeing Quhilk bill and 
declaratioun wes rejected becaus not subscryved Thereftir the counsell 
proceidit to the voiceing of [the] Provests protestatioun and his adherents 



272 EXTRACTS FROM THE RECORDS 

forsaid quhilk being voiced be the counsell they refuised the protestatioun 
abonewTitten and fand it their dewtie to proceid to tlie electioun of the 
lyttis of magistratts conforme to the warrands producit And the Provest 
and utiiers forsaids called in and gat their answer quherupoun the said 
Sir James for himself and the remanent askit act and instruments . . . 
and removed themselfis out of counsell Lykas the forsaid Robert Achiesoun 
and Alexander Brand producit the forsaid bill and declaratioun with a 
protestatioun annexit therto subscryvit with their hands and twentieor 
threttie of the nighbors protesting agams all that sail be done therin c^uhilk 
declaratioun and protestatioun being lykwayis read and voiced . . . fand 
it lykwayis contrair to the warrands and orders producit and refuised the 
same qidierupoun the said Robert Achiesoun and Alexander Brand askit 
instruments. . . . 

[The vacancies in the Council, six for protestors and nine for absentees, were 
filled up. 

The Council agreed to the election of deacons and councillors made on 10"> 
December last.^ 

The leets for magistrates were chosen.] 

%th March 1652. 
[The magistrates were elected.] 
[Acceptance of Compeu'ed Ai'cliibald Tod provest James EilUes Joline Marjoribanks 
Thomas Calderwood thi-ie of the new electit baillies and James Rucheid 
dean of gild and acceptit upon them the saids offices and in presence of 
Hendrie Whally esquyre judge advocat deputed be the Commissioners of 
the Parhament of the Common wealth of England to that effect underwrittin 
gave their aiths de fideli administratione} 

12th March 1652. 

[Vacancy of [As the ofiice of Common Clerk is vacant through the death of M'' Alexander 

Clerkship.] Guthrie and the imprisonment of M' Alexander Ker m England ' and because 

1 See p. 262 supra. 

^ For list of Council see p. 277 infra. It was apparently not complete till the time of its 
insertion. See Scotland and the Commonweallh, p. 35, for Whalley's account of this. He 
states that the treasurer elected, but refusing to take ofiice, was Jolin Lauder. See NicoU's 
Diary, pp. 87, 88. 

' Mr Andrew Ker was appointed Town Clerk in October 1648 (p. 188 mipra), following 
upon the dismissal of WilUam Thomson for his share in the Engagement. He was captured 
at Alyth on 23rd August 1651, when the Committee of Estates and the Commission of the 
General Assembly were suiprised by a detachment of the English Army and carried prisoners 
to London. Among the prisoners were the Earl of Leven, the Earl of Crawford, the Earl 
Marshall, Lord Ogilvy, Sir Adam Hepburn of Humbie, Sir James Foullis of Colinton, Archibald 
Sydserf, merchant of Edinburgh, Mr Robert Douglas, Mr Mimgo Law, Mr John Smith, 
Mr James Hamilton, all ministers of Edinbiu'gh, Mr Andrew Ker, and Mr James Sharpe, 
minister of Crail (Balfour, iv. p. 314). They were detained as prisoners till the beginning of 
the year 1653. 



OF THE BURGH OF EDINBURGH 273 

the latter, even though he were present, as clerk to the General and Syiiodall 
AssembUes and to the Commission of the Kirk, has not time to carry out the 
duties of Common Clerk sufficiently, the office is declared void. The necessity 
for the appointment of a new and able person is as follows] Namelie con- 
sidering the heavie and deplorable conditioun of this brugh everie thing 
atlier for ordor or governement lyin in disorder and confusioun throw the 
want of niagistracie this long tynie bygane and that the Common Good 
belonging to the same quherwith the great and heavie burdens lying upon 
this brugh sould be relieved ar exhausted the weighous being demolished 
the Societie lying waist the haill dewties of the mercatts and ports being 
in disuetude the farmes of the borrow muire and dewes of the hous of the 
Muire voyd the CoUedge and the Hospital! rents teyndis and lands belonging 
to them all ruined and exhausted be thir troubles the touns charter hous 
being broken up and the writts in disorder the Clerks chahner lykwayis 
and Toiui coiu-t bookis both baillie courts and utliers and all the registers 
therin being in sic confusioun that we doe not know how to begin or quher 
to seik any necessar writt And above all the priviledges immunities and 
friedome quhilk this brugh had over the touu of Lieth and harborie therof 
be the benefite of the sole trade ther pertening onUe to the burgesis and 
friemen of this brugh quliilk wes the verie being subsistance and lyfe of 
this brugh the Touns superiorities and properties ther the casualities belong- 
ing to the good Toun m the same sik as the shoir dewes ballast boattis 
libertie to vintneris to rin wyne thirlage to the Touns milnes few dewties 
with uther casuaUties the Touns sujDeriorities of the Canogait north syde of 
the bridge of Lieth with Pleasance entres and few dewties pertening therto 
the Touns superiorities of the West port and Potterraw with their entres 
and few dewties The haill kirk leivings of this brugh as the Bishoprik of 
Orkney teyndis of Dumberme Weymes Lempitlaw and Lurdenlaw and uthers 
The reversiouns of the Bishoprilv of Edinburgh with the Touns gift of the 
merk of the tun and pack of goodis upoun quhich lyes heavie burdens The 
new gift of eight j^ennyes ujion the pyiit of Frenche wyne and sexten 
pennyes upoun Spanishe wynes and uther strong liquors rin and ventit 
within this brugh and hberties therof And generaUie the Touns accompts 
with all and quhatsoever paperis and wiitts belonging to the good Toun 
in sik a sad conditioun and estate that unles the counsell be cairfuU to 
provyde tymeous remeid thairto the haill affairs concerneing the ruleing 
guyding and governing of this brugh is lyk to perishe and decay and the 
counsell being verie desyi'ous and willing to searche out the ground and 
caus of all this miserie lying upon this brugh at this tyme finds tAva maine 
argumentis and causes thau'of the first the want of magistracie heir thes 
nynten moneths bygane and the other is the want of our Clerk M"" Andi'o 

S 



274 



EXTRACTS FROM THE RECORDS 



Ker quho is now prisoner in England quhois office it is to preserve and keip 
all our ryghts and evidents and to informe the magistratts from tyrne to 
tyme of all their bussines and to give them counsell in any difficnltie or 
occasioun quhich doeth present And lykwajis . . . taking to their con- 
sideratioun the present estate and conditioun quherin tliis brugh with all 
the hberties therof stands mth the English being now (by Gods providence) 
reducit under their obedience so that no magistracie counsell nor governe- 
ment is or can be heir bot their expres licence and good will [for which and 
for other weighty reasons M"' Andrew Ker is dismissed his office and the post 
declared vacant. 

William Thomsone of Newinilnes, who has done faithful service to the Town, 
is appointed Common Clerk.] ^ 



[Imprisoned 
ministers.] 



[New jailor.) 



[Mills.] 



[Officer 
dismissed.] 



[Price of ale 
and beer.] 



24:th March 1652. 

[A committee is appointed] to meitt with the ministers anent the releife 
of the mmisters imprisoned at Londoun and anent a call to M^ David 
Dicksone professor of divinitie to the Colledge.^ 

Taking to their consideratioun that the office of javillor or goodman 
of the Tolbuith hes bem deserted be Robert Denliame lait javiUor absenting 
himselff fra the chairge thes nynten moneths bygane . . . thairfoir . . . 
chooses Robert M^Kean skinner to be javillor or keiper of the said Tolbuith.^ 

[A committee is] to give ordor from tyme to tyme to Johne Taifier to 
repair the Touns mUnes upon the Watter of Lieth inrespect ther is no 
thesaurer for the tjTne. 

2nd April 1652. 
[James BaUhe is to be deacon of the bakers in place of Alexander Denhame.] 

Talcing to their consideratioun the manifold complaints given in be the 
nighbors against Johne Mitchell officer anent his rigorous exactioun of 
quarterings poyiiding without ordor scandalizing of the conunittee of the 
nighbors as partiall and void of understanding and especiaUie as a man of 
ane evill lyfe and conversatioun accused of thift and helping of a bawdie 
hous [he is dismissed and another elected in his place]. 

Taking to their consideratioun the exhorbitant pryce of aill and bier 
ventit and run within tliis brugh and liberties therof some at four shillmg 
and uthers at ten sliilhng the pynt [they order that ale and beer shall both be 
sold at 2^ the pint]. 

• See note on preceding page. This reappointment was rendered lawful by the 
Parliament's action in revoking the Act of Classes. 

' See p. 264 supra, and notes. ' See p. 180 supta. 



OF THE BURGH OF EDINBURGH 275 

1th April 1652. 
Finding their number to be miconipliet since the electionn tlu-ew the [Vacancies in 

~ ' Council.] 

absence of Johne Liddell and David Kennedie the ane something unsatisfied 
and the uther altogether refuiseing tlie counsell apjjoyntis the bailhe Johne 
Bynnie and Patrik Thomsone and James Ker deacone to speak with the 
said Johne Liddell agane Fryday and if the chirurgians neglect to fiU their 
place the counsell will proceid to a new electioun on Weddensday nixt.^ 

[Baron baUie of Portsburgh quoad criminalia, James Alisone ; baUies quoad 
civilia John Dickiesone, elder and Alexander Herroun.] 

Taking to consideratioun the sad conditioun and heavie burdens of the [Burdens 

of town.] 

Toun and liberties therof quhilk thi-ew the iniquitie of the tyme doeth 
daylie increase . . . thinlis fitt to send [a] missive to the Commissioners 
at Dalkeith for their informatioun theranent and desyre all possible ease 
and benefite of trade in EcUnburgh and Lieth conforme to their auncient 
priviledgis . . . and to invite the said Commissioners to Toun . . . ^ 

9</i April 1652. 
Appoyntis Johne Bynnie and Gilbert Sommervell to meitt with thes of [Reparation of 

T^ T^- 1 1 1 , ■ 1 11 St Cuthberts.] 

the West Kirk paroshe anent the stent to be imposed upoun the heretors 
and vassels for reparatioun of the West Kirk callit S* Cuthbertis in the 
roofe walUs windowis and kirkyaird dyk ... * 

[Price and weight of bread : 12'* loaf of good wheat to weigh 8 oz. 4 drops ; 
12<i loaf of the best masloch to weigh 11 oz. ; 12'' load of second quahty masloch 
to weigh 13 oz. 12 drops.] 

(Afternoon) Forsamekle as be informatioun from William Thomsone at [imposition on 

Dalkeith the counsell is advysed to goe about the bussines of tlie collectioun 

of the aught pennyes of the pyrit of wyne and sexten pennyes upon the 

pynt of seek and strong watteris . . . conforme to the custome of exactioun 

anno i™ vi^ fourtie njme and i™ vi^^ fiftie . . . appoyntis the baiUies to waitt 

upon the portis one baillie ilk weike about with a deaken and four officeris 

to sie the same coUectit and payit.* 

' See pp. 271, 272 supra, and p. 277 infra. 

- This probably refers to the difficulties with the English settled in Leith. From other 
entries it appears that they refused to pay the ordinary dues and taxes, to the great loss of 
the Town. 

' The Kirk Session records show that much damage had been done by Cromwell's army. 
" Nayther pulpit loft nor seat left therin and full of filthe ; nayther door window nor glass 
left there and also the ruif ruinous by shotts of canone and muskett. . . ." Till the date of the 
above act the church was not available for worship and the congregation met in the College 
HaU. The repairs were partially finished in 1655. 

♦ See pp. 193, 219 supra. 



wine. J 



276 



EXTRACTS FROM THE RECORDS 



[Leith aBaiis.] 



[Canongate 
jaU.] 



12th April 1652. 

The quhilk day William Thomsone and Johne Milne haveing reported 
their diligence in pressing the particulars conteind in the paper produced 
in counsell with the Commissioners at Dalkeith their answers in writt . . . 
the counsell approved of their diligence and ordained James EiUies Johne 
Jossie and Thomas Calderwood to pas to Lieth to morrow tymehe on the 
morneing and to deall with the Commissioners of sequestratioun anent the 
articles remitted to them . . . 

Compeird Ancko Wilkie for the present kieper of the goale of the Canogaitt 
and producit the keyis of the said goale fyve therof in present use and four 
old rowsted kies with a sprint . . . 



[College.] 



[Right of trade 
to woman.] 



tCoUege 
Principal.] 



im April 1652. 

Taking to consideratioun the petitioun given in be the first clas of the 
colledge called the magistrands desjTing be reasone of their povertie quherby 
they ar not able to stay all the ordinar tyme the paiicitie of their number 
and severall uther serious and grave reasones to have the benefite to be 
laiireat presentlie in a privat way [the CouncU grant their request and, with the 
ministers, wiU attend the private ceremony that afternoon. No other class 
may dissolve before the ordinary time]. 

Upoun supphcatioun presented to the counsell be Margaret Colquhoun 
ordaines the dean of gilcl and his counsell to graunt a toleratioun to the 
supplicant dureing her Ijrftyme to keip a trade of small things of her owen 
handle craft . . . 

19th April 1652. 

[The Council and extraordinary deacons with the ministers Mr Hugh M<^Kell, 
M"' Robert Traill, M' Robert Lowrie, M'' John Stirling, M'' George Hutchieson 
and Mr Thomas Garvie being convened] the counsell taking to con- 
sideratioun that the office of Primarie or Principall of the Colledge is 
vacant and that for filling of the place the muiisters of the burgh wer 
conveind on Fryday last qulio desjTed the bussines to be delayed till this 
day in regaird they wer to advyse with some actis of GeneraU Assembhe 
as they conceaved [regarding] the constitutione of Universities and CoUedges 
Lykas tliis day they alledged ane act of Parliament daited the seven of 
March i™ vi'^ fourtie nyne quhairby the members of Universities and 
CoUedges sould be chosen be advyse of the GeneraU Assemblie and therfor 
desyred the busines to be delayed tUl the same wer twa penyes plie [sic] 
and weiU advysit Thairfoir the Provest baillies counsell and ministers have 
thoght fitt to delaj^ the electione of the principaU till Fryday nixt and 



OF THE BURGH OF EDINBURGH 277 

that in the meane tyme they may consider of the act of Parhament 
foirsaid . . . ^ 

2lst April 1652. 

[Letters are to be sent to seven or eight of the pruicipal burghs with copies 
of the Conservator's letter to the Counch that it may be discussed at their meeting 
in the Town in August.] ^ 

Nominats James Davidsone formerlie jay lor of the Tolbuith of the [.i.iiiorof 
Canogaitt to be continued in the exercise of his office so as he be subordinate Toibooth.i 
to the Marshale generall of the EngUsh arinie dureing tlie continuance 
therof in the brugli and jjrovyding sucli course be taken be the bailyies of 
the Canogaite and tl:e said James Davidsone as the counseli be not burthened 
with the chaii'ges in repauing of the Tolbuith. . . . 

23rd Aj)ril 1652. 

[Robert PargUhes is elected deacon of the furriers in place of Thomas Somervell, 
protester.] 

Appoyntis the baillie James Eillies and the dean of gild James Ruclieid [Xoibooth for 
and James AUsone baiUie of the barronie of Portsbm-gh with James Broun °' " "^^ ' 
deaken of the cordiners to meitt and find out a way how they may get a 
tolbuith in the barronie upon their owen cliairges. 

[Thomas Leishman is elected old treasurer m place of John LiddeU, protester. 
Adam Thomsone, deacon of the Hammermen is to be a deacon of Council in 
place of David Kennedy, deacon of the surgeons, protester. 

George Dunbar, servant of Sir WUham Dick of Braid is to be made burgess 
gratis. 

CouncU for 1652 : Provost, Archibald Tod ; Bailies, James Eilhes, John 
Jossie, John Marjoribankis, Thomas Calderwood ; Dean of Chid, James Rucheid ; 
Treasurer, [ ] ; ^ Council, Sir WiUiam Dick, John Bymiie, Patrick Thomsone, 
David WUkie, Hew Hamilton, George Suittie, elder, Thomas Leishman, Andrew 
Bryssone, Andrew Ramsay, George Suittie, younger, John Meikle, tailor, John 
Mihie, mason ; Deacons, Gilbert Somervell, taUor, James Fairbairne, goldsmith, 
James Ker, skumer, James Broun, shoemaker, Alexander Cleghorne, wright, 
Adam Thomsone, hammerman ; Extraordinary deacons, Robert PargUhes, 
furrier, Thomas Patersone, mason, James Bailhe, baker, David Duncan, flesher, 
Patrick Cochrane, weaver, Thomas Storie, waulker, Francis Ker, bonnetmaker.] 

Appoyntis the maisters of the hospital! at the fute of Lieth wynd to pay [Payment to 
to Bessie Hutchiesone two hundreth merks money for bvganes and fourtie Trinity 

•^ •'^ Hospital.] 

' The vacancy was due to the death of Mr John Adamson. The act of Parhament referred 

to {A.P.S. vi. (2), 240) was with reference to the College of St Andrews, but it was stated 

generally that such places should not be planted except by the advice and authority of the 

General Assembly. The Town Council appear never previously to have sought such advice. 

" That business did not arise at the convention. 

' Jolin Lauder was elected treasurer on 9th March, but cannot have accepted, for an 
entry of 24th March (p. 274 supra), states that there was no treasurer for the time. 

s2 



278 EXTRACTS FROM THE RECORDS 

pvmdis money quarterlie dui-eing liir lyftyme beginning the first peyment 
at Beltan nixt. . . . ^ 
[C9Uege The counsell . . . eftk severall dayes delay did move that a Hst of 

learning godlie and weill qualified men might be condiscencUt upon for the 
office of PrimarshiiD . . . and according most pairt of the quhoU counsell 
did aggrie upon the jDersons underwTittin . . . viz : M"" Alexander ColviU 
Professor of [ ] m Sanct Androis M"" James Fairlie muiister at Lesswade 
M'' Thomas Crawfurd ane of the regentis of philosophie and professoiu" of 
the Mathematiques M'' William Colvin lait muiister of Edinburgh ^ 
M'' William Strauchen minister at Auld Abirdein ^ and M'' William Reat 
minister at Brechin * Quhich list some of the ministers viz : M'' Hew M'^Kell 
M'' Robert TraiU M'' Thomas Garvie and M"" C4eorge Hutchiesone did except 
agains and thoght not fitt to give theh assent tlierto The said M'' George 
Hutchiesone alledging in their names that the said M'' WiUiam Colvin wes 
not in capacitie to be listed iiu'espect he wes deposed from his muiistrie 
be the GeneraU Assemblie being the supreame judicatorie of the Kirk of 
this land and that it is evident be severall actis of Assemblie and Parliament 
viz. Parliament lialden 7 Martii i"" vi<^ and foiu-tie nyne and a former act 
to the quhich it hath relatioun made in the first Parliament of King James 
the sex act eleven quherm it is provycht that no master sail be admitted 
to the coUedges without the visitors of the Khk find them qualified for the 
said office ^ And that the said M"" William Colvin being deposed of liis 
ministrie wes not rectus in curia And yet declahed that if he had not bein 
deposed they thoght him a verie able and weill quahfied man for the place 
Quherunto it wes answered be the Lord Provest that it wes incumbent to 
the counsell of Edinburgh as patrones and parents to the CoUedge to use 
all their indevohes for hstmg and electing the most learned godUe and wiell 
quahfied man to their knowledge and that if any man so hsted and elected 
be them soidd be fimd be thes m higher autoritie not to be capable of the 

1 See pp. 231, 233 supra. 

2 Mr William Colville had been suspended by the Assembly for not disowning the Engage- 
ment (pp. 160, 186, 211 supra and Balfour, iii. p. 419). 

^ See p. 157 for his election as minister in the Town, which took no effect. 

' See Ibid. Another call which took no effect. 

' The claim brought forward by the ministers had slight base and was contrary to 
established use and wont. The act of Parliament referred to was based on a report by the 
Commissioners appointed by the late General Assembly and the present Parliament, in which 
they misquoted the act of the Parliament of James VI as stating that none were to instruct 
the youth in universities and colleges, but such as were tried and approved by the rulers 
of tlie Kirk (A.P.S. vi. (2), p. 240). The act quoted {A.P.S. iii. p. 24) orders " that all sculis 
to burgh and land and all universiteis and CoUegis be reformit And that nane be permittit 
nor admittit to have charge and cure thairof in tyme cuming nor to instruct the youth privatlie 
or oppinhe hot sic as salbe tryit be the Supeiintendentis or visitouris of the Kirk." This 
appears to refer to special and temporary examination, consequent on the Reformation, and, 
in addition, the Superintendents referred to had no parallel in the existing constitution of 
the Clmrch in 1649. • 



OF THE BURGH OF EDINBURGH 279 

place in that caice the lawes of the countrie would make that partie so elected 
befoir his admissioun lyable to censoure Lykas he conceaved not that his 
disposition [sic] from the ministrie not being for any error in doctrine or 
scandal! in his conversatioun could make him uncapable to be a master 
in the Colledge and the questioim being put to the voyces the counsell 
thoght fitt that the said IW William Colvin sould be put in the hst Quher- 
upoun the said M^" George for himselfe and in name of the thrie ministeris 
abovenamed protestit agains the said list and the Lord Provest protestit 
in the contrarie and for the counsell power and autoritie and they removeand 
the counsell accordingUe proceidit to the electioun and they electit and 
nominated Lykas be tliir presentis they elect and nominate the said 
Mr William Cohn [sic] their lait minister to be Primar of the Colledge of 
Edinburgh in place of M"" Johne Adamsone laitlie deceist . . . And ordaines 
their clerk to prepaire missive lettres to be subscrivit be the saids Provest 
baillies and dean of gild inviteing him to come with all conveniencie from 
the place quher he now is in Holland and to be admitted as Primar of 
the said Colledge . . . 

30th April 1652. 

The counsell haveing heard the report of Johne Bynnie anent the 
bussines of the Canogaite and finding that eftir severall meittings they [Canongate 
refills to condiscend any tiling without the counsell make offer to them 
Quherfor the counsell resolves to exercise their owen lawfuU power and 
withall continues the same quhill Fryday next the 7 Mail to try if the 
nighbors of the Canogaite will yet supphcat the counsell for their owen 
good befoir the counsell proceid therto and appoyntis Johne Bjainie to 
acquaint them therwith and gave [sic] them this as the last advertisement . . .^ 

Mr Thomas Crawfurd M"" James Wysman M'' Duncan Foster M'' Andro 
Suittie and M"" James Pillons regents compeirand in Coimsell anent their (coiiege regems 
particular bussines of bygane stipends the counsell eftu- answer therto rnncipai.i 
calhng to nijmd the lait electioun of M'' William Colvin Primar requjTed 
of the saids regents quliat wes their judgement of the man Quho all un- 
animouslie acknowledged that the said Mr William wes a verie able quaUfied 
man for the place and for themselfis and ilk ane of them they had not the 
best thoght of any exceptioun agains him except in the differance betuix 
him and the Kirk.^ 

5th May 1652. 

Compeired the committee of the counsell appoynted for rectifieing of [Cess roiis] 
the cess roUis . . . and producit the new rollis subdivydit in sex ordors 

• The business was t he matter of the control of the Canongate Council by that of Edinburgh. 
^ See 23rd April supra. 



280 



EXTRACTS FROM THE RECORDS 



[Leith.] 



[Canongate 
dispute.] 



and classes as followes the 1. payand four pund thretten shilling four penyes 
The 2. payand thrie pund thretten shilling foiu- penyes The 3. payand 
twa pund ten shUluig The 4. payand ane pund aught shilling The 5. payand 
fourten shilling sex penyes and the sext subdivlsioun to pay aught shiUing 
monethhe.^ 

[The Council consent to the act of St Cuthbert's session, dated 4 July 1651 
anent the calling of M"' Patrick Sibbald and augmentation of his stipend. 

The dean of gOd is to admit John Hendersone, slater, to be burgess for the 
old duty, and to make terms with him for doing the Town's work.] 

12th May 1652. 

Forsameikle as Sir George Seatoun of Hailes Knight . . . did exhibite 
and delyver a letter of reversioun concerning the Toun of Lietli the counsell 
acceptit the same as a courtisie and doe hierby agrie that the said Sir George 
and Robert Seatoun his sone M'' David Broun and Alexander Johnston n 
their servitors be admitted . . . burges and gUdbrother of this brugh in 
communi forma gratis And ordaines their clerk to . . . bulk them in the 
new lockit gild bulk . . . And ordaines the dean of gild to be at expensis 
of his foiu" houris. . . . ^ 

The counsell haveing considerit the report of the committee appoynted 
for considdering quhat is fitting to graunt to or requyre from the Canogait 
anent the present differences betwixt the coiuisell and them and being 
desyrous that the differences be composed Thairfoir eftir mature delibera- 
tioun the counsell for setling and composeing thes differences doe resolve 
conclude and agrie upon thes follo^ving articles First that the coiuisell of 
this brugh now superiours of the Canogait sail choose the baiUies of the 
brugh of the Canogait yeirhe in aU tyme comeing ather out of the burgesis 
of tliis brugh or out of the burgesis of the Canogait as the coiuisell of this 
brugh sail think good Secundo that the counsell of the Canogait consist of 
the twa baiUies of the Canogait and thretten persons biu-gesses of the 
Canogait and that thes thretten persons sail be chosen be the counsel! of 
this brugh yeirUe out of a hst to be given be the counsell of the Canogait 
consisten of sexten persons and of thrie more to be addit by the counsell 
of this brugh making m all nynten persones And this ordor to be observed 
in aU tyme comeing onhe for this present yeir the counsell of this burgh to 
choose the said thretten persones without a hst quho with the present baillies 

• See p. 264 supra and note 2. 

2 It is possible that this may be the letter of which a draft is among the City manuscripts. 
The draft is incomplete ; the sum of money payable for the reversion is not filled in and the 
date has not been added. But Sir Simon Preston, mentioned in the reversion as Provost, 
filled that office from 1565 to 1569, and the reversion probably bore date approximately the 
same as the charter. 



OF THE BURGH OF EDINBURGH 281 

ar to be the counsell of the Canogait this yeir ThridHe tliat all the burgesses 
of the Canogait be admitted and sworne be the bailhes of the Canogait in 
counsell and that all the compositiouns for the same belong to the good 
Toun and be listed and resaved be the baillies of the Canogait and they to 
be comptable for the same to the counsell of this brugh Finallie if the 
nighbors of the Canogait be not content with thes foirsaid thrie articles 
eftir intimatioun maid to them the counsell will proceid to the electioun 
of a thesaurer and will appoynt the baillies to admitt burgesses And they 
to be comptable to the counsell of Edinburgh for their intromissioun . . . 

Uth May 1652. 

Ordames their Clerk to wrytt a letter of excuse in answer to Wilham [Town debt.) 
SommerveU his missive quherby he craves payment of four thowsand 
merks and twa yeirs annuelrent dew be the Toun to him inrespect of the 
Touns present inabilitie . . . 

[The following persons are to be admitted burgesses and gUd brethren : Sir 
John Hope of Graighall,'^ Sir James Hope of Hopetoun by right of his late father, 
Sir Thomas Hope, in most ample form ; John Swyiitoun, younger, of that ILk,"^ 
Col : Wilham Lockhart, younger, of Leyis,^ John March, Esquire ^ George Smjrth, 
esquire, judges, ^ Lieut. Col. Timothy Wilks, deputy governor of Leith, Lieut. Col. 
[ ] Cottrell, M'' John Thomsone, Auditor general, Henrie Wlialey, esquire, 
Judge advocate, Capt. Richard Clistoun, governor-depute of the Castle, Edward 
Matthews, Marshal general, John Campbell, servant to Lord Craighall, and 
Alexander Taitt, servant to Lord Hopetoun, all gratis ; the servant of Judge 
Smith, the servant of Judge March, Wilham M<=Hendrie and Alexander Cornuell 
servants to Judge Swintoun, John Scott, servant to Judge Lockhart, Ralph 
Edgertoun servant to Judge Moslcy,i [ ], servant to Judge Owen,i [ ] 
servant to the said John Thompsono, esquire, William Rae, writer in Edinburgh 
and servant to Captain Ch.stoun, Thomas M<'Kie, tailor, m the Canongate, at the 
desire of the Provost, Richard Hudsone, John Little and John Foster, macers, 
WUham Reny, at the earnest desire of M' Downame and Col. Lilbiu-ne, to be 
burgesses gratis.] 

2lst May 1652. 

Forsameikle as be act of counsell of the tuelff of this instant the baiUie [Canongate 
Johne Bynnie wes ordaned to intimat to the nighbors of the Canogait thrie 
articles therin conteind under certificatioun that if they wer not content 
therwith the counsell would proceid to the electioun of a thesaurer and 

' These persons wore j udges in the courts for the Administration of Justice to the people 
of Scotland, set up by the Commonwealth government and continued under the Protectorate. 
Their appointment was recent. NicoU in his Diary records on 18th May 1652 that they 
" sat down in judgment in the Parliament House, gairdit every day with a number of 
sodgeris." He also notes that on the second day of their sitting the Provost and baiUes 
appeared before them in their robes and made faith de fideli administratione. Apparently the 
gift of the freedom preceded the sitting of the judges. 



282 EXTRACTS FROM THE RECORDS 

would appoynt the baillies to aclmitt burgesses . . . and haveing heard 
the report of Johne Bjmnie that they doe not inclyne to consent to the 
saids articles Thairfou- the counsell proceids to the electioun and doe 
hierby elect and nominat James Gib to be thesaurer of the Canogait for the 
remainder of the yeir to come and ordaines the baillies to admitt burgesses 
with full power to them to meddle and intromet with all casuahties and 
dewes quhilks were intromettit with be the present counsell of the Canogait 
heirtofor and to doe everie thing that the said counsell wer in use to doe 
and the saids bailhes to be comptable to the counsell of tliis burgh for their 
intromissioun. . . . ^ 

28th May 1652. 

[Quartering Taking to their consideratione of the great straits they are drawne to 

be great sowms of money quherwith the Collector appoynted be the Enghsh 
officers for the monethlie assessments doeth chairge them as arriors unpayed 
which the Collector affirms must presentUe be payed to the thesaurer dej^utie 
of the armie and that the baillies this tyme bypast hath used aU fair meines 
and endevors to gett the same uphfted . . . Nevertheles quherof a great 
manie of all sorts of inliabitantis refuise to mak payment of the said arriers 
quherby the commoun guid of the Towne may be much indangered without 
some remedie be provydit Thairfoir . . . ordaines the baiUies to repaire 
unto the commanders of the guarisone and be their ordor or concurrance 
that souldiers be quartered upon the deficients till the samyne be pajat 
ane that the souldiers remaine in the houses in frie quarter.^ 

4th June 1652. 

[David M'^Gill, treasurer of the College, is to pay to the regents 1,000 marks 
between them, as the the first part of their arrears, and to borrow if necessary.] 

IQth June 1652. 

[Mills.] Forsameikle as the rowping of the commoun milnes at Mertimes i™ vi'' 

foiu-tie n;yme Johne Dick burges of this brugh did tak of the good Toun 

' This act was recorded in the Acts of the Bailies of the Canongate on 21st May. The 
Hammermen of that bm-gh on 20th May resolved as follows : " Annent the desire of the 
towne of Edr toward the discrepancies betwixt them and the towne of the Cannogate and 
anent the submission craved be the towne of Edr to yeild all obedience to their demands 
thereanent as also in the mater of the act relative of the said deacone to be counsellor in the 
Camiogate After consideration and examination with voyceing about of the trade conveenit 
They all in ane voyce disclame dissasent and pass frae the whole substance conteenit in the 
two decreits from Edr coimsell are wherof daited the twelf of May another of the nynteenth 
of Maij for the reasons conteenit in the twa severall decreets and to saiff the trade and their 
Buccessours from present and future perjurie therin." 

- The Burgh Court Book (MSS.) shows the liabilities for quartering in various cases 
brought against the inhabitants at this time. 



OF THE BURGH OF EDINBURGH 283 

the dewties of the halls and meilniercat for the yeu- to come and that the 
nixt day eftu: he did tak the same it came to his knawledge that the Provest 
and bailHes had ordered the baxters and maltmen sould not pay any dewtie 
as of befoh for tlieir stuffe boglit at Leith or elsqidiair not comeing to the 
mercat or halls quhich of befou' did pay altho it came not to the said hallis 
Theirupon the said Johne Dicke repaired to the Provest and baiUies and 
shew them of his wey of taking the saids halls wes upon the same termes 
David Melvin had the same Qiiherujion he desyred to be frie of the tak 
quliich he could not hold unles he had aU the dewes therof for the quhilk 
overgiveing he wes incarcert in waird and being their he wes ordored to 
goe on in the chairge upon some promises of defalcatioun Quhich being 
knowen to the committee appoynted be the counsel] . . . anent the 
coUectioun of the tliesaiurer rests the said Johne Dick compeirand befoir 
them did give in ane accompt of aU tliat lie had collected of the dewties 
of the haUis But tlie committee refuised to take notice therof for the tyme 
And finding that the said Jolme Dicke had not collected fra the baxteris 
of tills brugh the dewtie of twelf jienyes of illv bag of quheat ground at the 
mihies natlier had he collected from the maltmen of this brugh Leith 
Westport and Potterraw the lyk soume for ilk bag of beir maid malt of 
be them Thairfoir the counsell gives power and warrand to the said Johne 
Dicke to collect the saids dewties fra the baxteris and maltmen and to be 
comptable theu'for to the good Toun and the baillies of tliis brugh ar to 
convein befoir them thes qulio refuis and to cans them mak peyment as 
is abovewrittin. 

[After filling nine vacancies of members temporarily absent, the Council elect 
Edward Edgar to be Dean of Gild in place of the late James Rucheid.] 

IStJi June 1652. 

[A letter is produced from M'' William ColvUI in Utrecht announcing his 
wiUingness to accept the office of Principal.] ^ 

2-ird June 1652. 

Ordanis a proclamatioun to pas threw this brugh and liberties therof [Fast.] 
be towk of drum for helping of a soleme fast and humiliatioun for the 
great drowth portending the plaigue of famine tlirew the provocatiouns of 
the land And to dischairge the keiping of mercat open booths chops tavernes 
and cellars under such paines as the Magistrats sail injoyne and displeasoure 
of the Almightie above all.^ 

» See pp. 278, 279 supra. 

2 The summer was remarkable, according to Nicoll, the diarist, for dry, warm weather. 
The crops were very Ught and harvest commenced in June. 



284 



EXTRACTS FROM THE RECORDS 



[Judge 
Advocate.] 



[Tron Church 
roof.] 



Appoyntis Jolme Scott master wright to big a studie in the Parliament 
hall with his owen timber for the use of the Judge advocat . . . 

Appoyntis Johne Foster to bring doun the old aiken timber out of the 
kirk of the Castlehill for repairing the roofe of the kirk at the Trone. 



25th June 1652. 

[Weavers.] Forsameikle as [five] wivers burgesis of this brugh being incarcerate 

within the Tolbuith of this burgh for forceing the clerk of the calling in 
absence of the deacone of the craft to mak ane act contrau to ane lawfidl act 
formerhe done be the deaken and the rest of the friemen of the said craft have 
tins day petitioned the counsel! and acknowledged their faults and submitted 
themselves to give satisfactione to the deaken in presens of the counsell 
Thairfor the coiuiseU hath been pleased to give ordor to pardone the said 
faidt and liberat them out of prisone And for their fiu'ther satisfaction 
ordains the bailyies Johne Jossie and Johne Bymiie Gilbert Somervell 
and James Ker to sie the aforsaids parties on Tiu-sday nixt to meit with 
the haiU craft and thair to sie the forsaids j^ersons ask pardone of their 
deakone in presens of the bodie of the craft . . . and quliairas John Bryssie 
another of the said number be reasone of his obstmacie will not acknowledge 
his errour nor joyne with the aforsaids petitioners in that submissioun 
Thairfor ordanis him to be keipit in prisone till he give the Provest [and] 
baillies satisfactione. 

31s< June 1652. 

Litiechope Finding it conveiiient and profitable for the Common Guid to build a 

Kirk. ^ htle chope as a toofald to the great church and haveing remitted the 

visitatione therof to James EUlies George Suittie Alexander Cleghorne and 

Johne Meikle And the saids visitors haveing maid rej^ort that they thoght 

the sowme of fom'scoir merks a competent pryce for making up the chope 

with a loft therunto Quhilk report the Counsell approves and ordains 

Johne Kniblo collector to pay the one lialfe in hand and the uther efter the 

finishing of the warke. 

For suppucat- Ordanis the baillies John Jossie and Thomas Calderwood with Jolme 

sioners'ofLeith Meikle to jjas to Leitli on Fryday nixt and to speake with the Commissioners 

Touns debt. at Lcith aueut the sunuuons be them sent to the Counsell for peyment of 

the sowmes of money principal! and annuehents and to supphcat the saids 

commissioners for such things as they conceave as the towne is prejudged 



m. 



[Orkney.] 



Taking to their consideratioim the prejudice they suffer by the seques- 
tratioun of the Bishoprik of Orkney gives warrand and commissioun to 
' See note to p. 361 infra, to which incident it is probable the above entry refers. 



OF THE BURGH OF EDINBURGH 285 

Robert Murrey kirk thesaurer to compeii- befor tbe right honorable the 
Commissioners at Lieth and to show them that the saids rents belong unto 
the Common Good of Edinbm'gh for peyment of then- ministers 
stipends. . . . ^ 

2nd July 1562. 
Grants deputatioun dureing the Counsels pleasoiire to Jolm Gilbert [Leith 

^ c> X- sasines.] 

in absence of M"" Patrick Mawer clerk of Leith for giveing of seasings quhen 
occasiomi sail offer the said M'' Patrick being answerable for him. . . . 

7th July 1562. 

[The CouncU and extraordinary deacons being assembled] Forsameikle Citatiouu 
as be act of the sexten of June last Edward Edgar was chosen to accept of Dean end. 
the place of Dean of Gild and that report is made to the counsell be the 
bailyies that he refuiseth to accept therof Thaii-for ordains James Billies 
bailyie to cite the said Edward Edgar to corapeir the nixt counsell day 
and to accept the said office with certificatione.^ 

Appovntis the baillies James EilUes and Johne Jossie with Gilbert suppucatioue 

II 1 11 Commissioners 

SommerveU to meet and draw up ane accompt of revenues reall and casuall Touns rent 

^ ^ of Leitli. 

of Leith and to make a petitione to be presented to the Commissioners at 
Leith that the Counsell be repossessed in the saids rowmes to the intent 
they may be enabled for peyment of the annuelrents alsweill of moneys 
acclaimed be the saids commissioners addebted be the guid Towne to the 
senators of the Colledge of justice as of uther moneys addebted to utlier 
creditors.^ 

Ordains Johne Tailfier to pay to Allane the lockman threttie two pounds [Lockman] 
conforme to the accompt subscrived be Johne Foster. 

\Uh July 1652. 

[An account is rendered of the sums uncollected by previous treasurers and 
of the reductions made in tacks of the Common Good for tlie year 1650, for losses 
sustained by the tacksmen owing to the coming of the Enghsh army.] 

\Uh July 1652. 

[The Council and extraordinary deacons] ordains commissioun to be [Toim Affairs.] 
exped for Williame Thomsone to repair to Londoun or elsquhair to agent 
the particular bussines of the brugh of Edinburgh. 

' The gift of tlie Bisliopric had been sent to the Commissioners at Dalkeitli already. See 
p. 270 supra. 

- See jj. i!S3. ' See preceding page. 



286 EXTRACTS FROM THE RECORDS 

iTown Affairs.] [A committee of seven members] or any fyve of them to meitt with 
Wilhame Thomsone and to condiscend everithing that may be fitt to be 
done befoir his goeing to England. 

I9th July 1652. 

Ministers [The Councll and extraordinary deacons bemg assembled] Compeired M'' Hew 

."."com-"" M'^Kell and M'' Thomas Garvie ministers and declaired to the Counsel! that 
u'e Tssembnc. quheras the brethren of the ministrie of this brugh wer wairned to come 
to the counsel 1 this day and to bring ^\-ith them their ruleing elders to the 
intent commissioners might be chosin for the Generall AssembUe The said 
M'' Hew and M'' Thomas declaired that their bretlu-en wer not yet weill 
satisfiet anent the concurrance with the counsell in the said electioun 
and theirfor desyred the bussines to be continued till to morroM' at ten 
acloak being Tuysday the twentie of this instant Quhilk desyre the counsell 
assented to and the saidis M'' Hew and M'' Thomas promised in name of 
their brethren to compeir at the said tyme with their ruleing elders.^ 

20th July 1652. 

[Commissioners [The CouncU and extraordinary deacons being assembled] Compeired 
Assembly] M'' Robert Lawrie minister and M"" David Heriot from the brethren of the 
ministers of tliis brugh anent the electiomi of commissioners for the Generall 
Assembhe and exhibite to the counsell ane act of the Generall Asserablie 
daitted the [ ] day of [ ] quherby it appeared that the ministers 
and sessioners wer ordie consenteris to the electioun and that theirfoir 
the bretliren thoght it not expedient at this tyme to compeir Quhich bemg 
debaitted the counsell gave ordour to the baiUie Johne Jossie and Gilbert 
Sommervell with their clerk to repair with the said M^ Robert and M"" David 
to the remanent bretliren of the ministrie and to declaire unto them that 
the counsell thoght fitt to requyre their compeirance to the said electiouii 
and to take instruments incaice of their refuisall Qidierupoun the saids 
persones did goe but fand the ministers removed befou' the returne of their 
or the counsells commissioners And theirfoir the counsell thoght fitt to 
proceid to the electioun and did accordinglie elect Joline Bynnie merchand 
and James Ker deaken of the skimiers . . . and ordaines commissioun 
to be exped to them for that effect and the samen to be direct to the ministeris 

1 The ministers and the Town Council were at variance. According to NicoU, the ministers 
accused the Council of having broken and renounced the Solemn League and Covenant by 
swearing allegiance to the Commonwealth " and so declared them abjured apostates." The 
Council, on the other hand, " being heichlie discontent thairwith, sent for the Ministrie, and 
threatned thame for thair speechis, and thairwithall desyred ... a moir sparing way in 
their speechis . . ." {Diary, p. 87). 



OF THE BURGH OF EDINBURGH 287 

to be subscrivit be them and iucaice of theii* refuisall instrumentis to be 
gevin therupoim. 

At the Colledge of Edinburgh. 

The quhilk day Archibald Tod Provest James Billies Jolme Jossie [CoUege com- 

. missioner to the 

Johne Marjoribankis Thomas Calderwood bailies Patrik Thomsone David Assembly.] 
Wilkie Hew Hamiltoun George Suittie elder George Suittie younger 
merchands Together \vith the deakens of crafts Gilbert Sommervell of the 
tailyeoris James Fairbairne of the goldsmiths Adam Thomsone of the 
hammermen Alexander Cleghorne of the wTights Professoris ministeris 
regentis M'' Thomas Crawfurd M'' James Wysman M^' Duncan Foster 
M'' Andro Suittie M'' James Pilloims The ministeris being wairned and 
not compeirand being conveind in comiseU The counsel] and Regentis 
above\vTitten being conveind betwix eleven and 12 in the foirnoone within 
the Colledge for electioun of a commissioner to the General] Assemblie for 
the Colledge haveing called on the name [of God] and the rolls being called 
the professor of divinitie and haill ministers wer fund absent notwithstanding 
all of them wer wairned to the meitting And therfor the counsell with advyse 
of the regents thoght fitt to continue the dyett till 2 in the eftirnoone And 
that no faire mein might be omitted ordained that the saids ministeris and 
Professor soidd be againe wairned be the janitor of the Colledge . . . 

[Being met again in the afternoon and finding the ministers and M"' David 
Dick, professor of divinity stiU absent, they proceed to elect the said M' David 
Dick commissioner to the General Assembly.] ^ 

•22,rd July 1652. 

Appoynts M' James Nairne to be keejjer of the bibUotheque in place [Liiimriani 
of imiquhile M"" Francie Adamsone. . . . 

Appoynts to be commissioners for the tretie and unione with England [Commissioners 
to conveine hier upon the twelff of August with the Commissioners of shares 
and burrowes Jolme Jossie for the merchands and Johne Myhie for the 
crafts. . . . ^ 

[George Suittie is elected dean of gild.] 

• Mr David Dick, or Dick.son, was a Resolutioner and, as such, acceptable to the Assembly. 
He was Moderator of the Commission of Assembly in 1652 and 1653. 

- This meeting is recorded as a General Convention (Record Convention Royal Burghs, iii. 
pp. 358-65) held in obedience to the declaration of the commissioners of the Parliament of the 
Coimmonwealth of England. The members voted £1,000 sterling for the expenses of their 
delegates to England, to the Commonwealth Parliament. They were due to meet in London 
in October for discussion of details of the Union. 



288 



EXTRACTS FROM THE RECORDS 



[Petition, 
Grammar 
Scliool.] 



28<A July 1652. 

Taking to consideratioun the supplicatioim presented to them be the 
doctoris of the gramer schooll for peyment to them ... of the soume of 
ane hundreth pounds be yeu" for their fiall conforme to ane act of counsell 
of October i°^ vi*^ fourtie nyne the comisell restructs the former act to the 
old pensioun at 50 merkis be yek to illc doctor for this yeir and m tyms 
comemg dureing the counsells plesoure. . . . ^ 



[Debts of 
Sir William 
Dicli.] 



New pryce 
burges and 
gildslupp. 



mth July 1652. 

[As Sii- WiUiam Dick owes to the Town 3,972" 2^ 8", including 533" 6^ 8" 
for his extent in 1648 and 1,100" for his extent in 1649, besides sums due upon 
bond to the treasurers of the CoUege and Hospital, a committee is to] repaire 
to Sir William Dicke and to demand peyment of the soumes abovewritten 
and if thair be any thmg dew be the good Tomi to the said Sir William . . . 
that they take insjjectioim thau'of and report . . . that accordinghe qidiat 
is dew may be defalked to the said Sir WiUiam and money or secm-itie 
gotten fra him for the snijplus he will be owmg to the good Tomi CoUedge 
Hospital and thesam'er of the kirk rents. . . . 

2>lst July 1652. 

[The gift of the clerkship to William Thomson is recorded, with the regulations 
to be observed by him.] 

Uh August 1652. 

Taking to their consideratioun the great hurt and prejudice sustenit 
from tyme to tyme be the burgesis and gild brethi-en threw the usiu-patioun 
of imfrie tradderis who tak upoun them to exerce the trade of frieman 
and not being lyable to tlies burdens qulierunto friemen ar And considering 
withall how in the tyme of thes lait troubles all sort of jieoijle have repaired 
to this brugh for shelter and have taken ujDoun them all sort of tracUng 
at their pleasour for the quliich they ar all lyable not onlie to great fyiies 
and peymentis of somnes of money for theu" fault of usurpatioun of the 
said priviledge in their persons and imprisoned conforme to the actis of 
Parliament and lawis of this countrey Yet nevirtliles to the intent that 
nether the gildbrethren nor biu-gesis may be fm-ther ^^Tonged in their 
liberties nor the stranger have occasioun to complein of hard deiUing bot 
that it may be manifest how tender the good Toun is towardis all such 
qulio have suffered m thes lait tymes Thah'foir they have thoght fitt at 
this present to mitigat the pryce of burgesliip and gildship to all such as 
sail upon the pryce eftirspecifiet be admitted therto betwix and the tw'entie 

' See p. 217 supra. 



OF THE BURGH OF EDINBURGH 289 

njiie of September nixtocum That is to say quheras the piyce of burgeshiij 
vves formerhe eight scou- pounds money and the pryce of the gildship twelff 
scoir pounds making together the soume of sex hundreth merkis money 
the saids Provest baillies and counsell liave now (for the encouragment and 
ease forsaid) statute and ordained . . . that all such unfrie men qulio 
resorted to this Toun in the tyme of thes lait troubles sail be admitted . . . 
at a thrid part les pryce then formerlie wes in use and custome to be payit 
viz. the somne of eight scou* merkes illi biu-ges and the soume of twelff scoir 
merkis ilk gildbrother extending both to the soume of four hundreth merkis 
with the ties and uther small dewes usit and wont With certificatioun alwayis 
that if from hence fiu'th they sail take upoun them to sell wyne or aill or 
buy or sell any other sort of merchandice to the prejudice of the said 
burgesses and gildbrether befoir such tyine as they sail obtein tiieu libertie 
as is afoirsaid m that caice the Provest baillies counsell and deakens of 
[crafts] will proceid agains them with all rigor. . . . ^ 

Uh August 1652. 

Having taken to consideratioun the bill presented be Patrick Cumiing- [a ™tier made 
hame cutler to be admitted burges gratis in respect tlier is none of that ^^"^^'^ 
trade in the Towne and that the deacone and masteris of the hammermen 
ar willing to admitt him [the Council grant his request. 

At the desire of the Provost, his servant, John Hamilton, now ready to be 
married, is to be admitted burgess and gUd brother gratis.] 

iWi August 1652. 

Graunts ease to Alexander Bartleman of the dewtie of the cropt i™ vi^ [Crops 
fourtie eight of thes aikeris of land at the lijjper hous destroyed be the '''^^*'^°^'"^' 
westland armie. . . . ^ 

18«/i August 1652. 

[The accounts of Patrick Tailfeir, treasurer to the kirk sessions for 1650, 
show a charge of 42,116" 18^ 4" and a discharge of 42,447" 16^ 8<i.] 

mth August 1652. 

[Collectors are appointed] of the vohmtar contributioun for the supjiort Ifire in 
of the Toun of Glasgow and help of their great distres by the lait fyre. . . .* 

1 See p. 130 supra. 2 ggg pp_ 152.4 supra. 

' This fire occurred on 17th Jvine. " The far best part of the fore streets and most 
considerable buildings were burnt, together with above fourscore lanes and closes, wliich 
were the dwellings of above a thousand families, and almost all the shops and warehouses 
of the merchants, many whereof are near by ruined " (Nicoll's Diary). It was said that 
one thousand and sixty houses were burned. See Extracts from the Records of the Burgh of 
Glasgow, 1620-1662, and Scotland and the Commonwealth, p. 359. 

T 



Glasgow.! 



290 



EXTRACTS FROM THE RECORDS 



[Commissioners 
for Common- 
wealth 
Parliament.] 



[Bond by 
Town jailor.] 



25th August 1652. 
[M'' James Baird, advocate, is to be admitted burgess and gildbrother gratis.] 

Compeird Bailjae Johns Jossie and Johne Mibie commissioneris laitlie 
appoynted to meit with the deputties of schyres and bnrrowes for electing 
of twentie one commissioners viz. fourtein for the barrouns and sevin 
personns for the borrowes conforme to the declaratioun of the Commis-sioners 
of the Parhament of England and produced the Borrow buik and read 
over the haill actis maid at this last conventions and gave ane accompt of 
their owen cariddge wliich the counsel! approves and gave them thanks 
for their deUgence.^ 

Compeird Robert M^Ken master keiper of the goals and produced to 
the counsel! ans band sul^scrivsd be him selfF as princijiall and ans con- 
sidsral)!s numbsr of noblemen as cautioners for him in his faithfull 
performance of his dewtis. . . . ^ 



[Money for 
Thomson.] 



21th August 1652. 

[A committee is to meet with the ministers anent the arrears of their stipends. 

John Hilston, late treasurer, is to collect arrears of extents for 1646, 1647, 
1648 and 1649. Among those unpaid are Lord Warriston's amounting to 263" 
for the three years. One man, Thomas Reny, owed 700" for the two years 
1648 and 1649. In consideration of his great losses, the Comicil reduce it to 
700 merks. Sir John Smith for 1649 owes 113" 6" 81.] 

Forsameikle as the counssll hath appoynted WiUiam Thomsons Clsrk 
to gos to England as agsnt for the bm-gh and that it is necsssar hs sould 
prsssnthe putt in rsadinss and for that effect that hs be furnished with 
sufficient sowmes of money for prosecuting the publict affau-es of the toun 
for which he is to be comptable Tliairfoii' ordaines the bailyie Joluie Jossie 
to dshver to the said Williams Thomsons sutch publict moneyes belonging 
to the tomi as he hath in his hands that the said WiUiam may take coiu-se 
for spsidis rsmitting the same to Londons or elsquhair at his discrstions. . . . ^ 

[Robert Thomsone is to be admitted burgess and gUdbrother gratis. James 
WUsone, merchant, is to be gildbrother gratis. 

John HUstoun is to collect arrears of extents from a further Ust of persons.] 



2nd September 1652. 

[John Nisbet, merchant, is to be admitted gildbrother gratis] in part of 
payment of the annuekent dew bs the good Toun [to] him and his spous. . . . 

1 See p. 287 supra. • See p. 274 supra. 

* The commissioners of the burghs invited WUliam Thomson to assist their commissioners. 



OF THE BURGH OF EDINBURGH 291 

8th September 1652. 

[Patrick Douglas, servant of Archibald, Earl of Angus, is to be admitted 
burgess and gUdbrother gratis.] 

nth 8ej)tember 1652. 
[James Butter, servant of WiUiam Thomson, is admitted depute clerk.] 

22nd September 1652. 

Haveing taken to their consideratioun the supplicatioun of Robert [BaUie 
Wilkiesone messenger and Johne Wallace Toun officer lying in prisone at and escape of 
the instance of Thomas Calderwood baiUie for suffering George Leslie to 
escape furth of their hands eftir he wes apprehendit be them iipoun lettres 
of captioun at the instance of Sir James Stewart of Kirkhill knight And 
eftir serious examinatioun of the haill bussines both be the parties and 
witnesis they find that the baillie both in geving out his warrand for 
concurrence and diligence eftir the escape of the prisoner did behave himselff 
faithfullie as became a man in his office and that his imprisoneing of the 
supplicants wes reallie for the good and behove of the said Sir James 
Notwithstaziding quJierof (as the baillie informes) the said Sir James takis 
no notice of any deligence be him done in apprehending and punishing the 
parties tlirew quliois fault the prisoner escaped bot intends (if possible) to 
mole.st and trouble the said baillie and to make him lyable for the soume 
acclamed quhich would be of most dangerious consequence to all magistratis 
since never at any tyme a baillie wes obliest to more in the matter of 
concurrence then to command and give order to the officers for that effect 
And thairfor they find themselffis in all conscience and law obliest to defend 
the baillie in this caus being of publict eoncernement and incaice tlie said 
Sir James Stewart sail wTongfuIlie offer to persew or molest the said baillie 
in the caus afoirsaid ordaines the Provest baiUies and counsell of this brugh 
and theu' successoris (if neid beis) to coneure with the baillie in his defence 
and to take advyse of . . . theii' assessoris and imploy their agents to the 
effect forsaid and in the meintyme becaus the said Sir James hath not 
pershewed the forsaid petitioneris thairfor ordaines the said baillie Thomas 
Calderwood to put them to libertie they finding sufficient cautioun to enter 
themselffis againe in prisone at command of the baillies quhensoever they 
sail be thairto requyi'it. 

Grantis testificat to James Durie merchand . . . testifieing that he [Testimonial, 
haveing trade and handling in the eastard and haveing sent out of Amsterdam EngUsii.j 
and Dimdie twelff ship pound of wax to Bilbe and haveing the retiu-ne 
thau'of comeing bak to Amsterdam of Spanish wooll Quhilk wes taken be 



292 EXTRACTS FROM THE RECORDS 

the States shipps of England in Julij last or thairby to the value of twa 
thowsand peice of eight and haveing ane agent lying in England Lnterceiding 
for recoverie thairof Testifieing that he [is] ane of the burgesis of this brugh 
ane old man of thriescoir sex yeiris haveing a charge of seven motherles 
children and that the samen is the greattest part of his stock and beeing. . . . ^ 

[The baihes' accounts of the fines for the year 1649 to 1650 show a charge of 
170" 12^ and a discharge of 1,140" 7^ 8".] 

28th September 1652. 

Anentthe [The CouncU with the following ministers, M' Robert Traill, M^ Robert 

Si"end" Lowrie, Mf Johne Sterling and fifty-three neighbours named with others 

unnamed] takeing to their serious consideratioun the hard conditioun of 
the severaU ministeris of this brugh tluroAv the not peyment of their stipends 
in thes hard tymes have of their frie and voluntar accord condiscendit 
imanimousUe and hierby ordaines that all such nighbouris as have advanced 
the annuitie of this mstant yeir of God i™ vi^ fyftie twa yeiris as it wes 
reaU charitie so that it sail be accounted a mire gratuitie and that they sail 
nevertheles be obHest to advance the amiuitie of this instant yeir of God 
for the better inabHng of the coimsell to content the ministeris so farr as 
in them leyes. 

The same day the haill nighbouris unanimouslie desyred that the Lord 
Provest sould acquaint the ministeris ^\^tll thes propositiouns following 
and to report their punctual! answeris thairanent upon [ ] nixtocum 
1. Quheras the nighboris thinks that the old stipend of twa thowsand tM'a 
hundreth merkis yeirUe is a competent stipend that they will declare 
quhither they will be content thairwith or not 2 That qulieras thes four 
yeu'is bypast they have not had the use of the Sacrement of the Lords 
Supper that thairfoir the ministeris would condiscend on the tyme quhen 
thes qidio tlu-ist eftir it and agains quhom thair is no just exceptioun may 
have the benefite thairof.^ 

29th September 1652. 

[The accounts of Thomas Calderwood, kirk treasurer for 1648 to 1649, show a 
charge of 33,914" 14^ 3* and a discharge of 33,390" 16' 7^. 

The accounts of John Forrester, collector, for 1650 to 1651, show a charge 
of 3,110" 8^ 4'i and a discharge of 3,186" 4' S'\ 

James Thomsone and Robert Grahame, brewers are to be admitted burgesses 
and the dean of gild is to repay 20 merks of the duty to each man. 

1 It should be remembered that England was at war with the Dutch. Hence a ship 
bound for Amsterdam was a legitimate prize of war. 
^ This was not to be celebrated tUl 1655. 



OF THE BURGH OF EDINBURGH 293 

John Forrester, servant of the Town, is to be admitted gildbrother. The 
dean of gild is to repay him 100 merks as a gratuity for the pains taken by him 
for three years past ua the Town's affairs.] 

Ordaines the Provest baillies dean of gild and gild counsell to admit riiaior Holmes 
and resave Major Abrahams Holmes to be burges and gildbrother of this giid.] 
bm-gh in communi forma. 

1st October 1652. 

[Wilham Ramsay, son of Captain Ramsay in Leith, is to be burgess and gild- 
brother by right of his father.] 

27id October 1652. 

The counsell being informed be William Tliomsone their clerk that in [Alteration of 
his long subscriptiomi of seasings ther war wont to be certane words as lie sasines.j 
conceaved superfluous and impertinent viz thes {una cum appensiojie sigilli 
ballive in signum execiitionis sui officii is m Englislie together with the 
apensioun of the saids baillies seal hierto in taken of the executioun of his 
office) inregaird that the appensioun of the said baillies seall hath bein 
quyte out of use in this burgh past memorij of man For the quliilk caus 
he tlioght fitting ... to omitt and hold out the saids superfluous word 
and to that effect desja-eing that the saids Provest baillies and counsell 
would be their act graunt a di.spensatioun for the same. [The Council 
consent to do so. 

Since the Town is indebted to John JVIihie, master mason in 1,200 merks, 
the balance due for repair of tlie steeple and also 5,880 merks for the stone work 
of the fortifications of Leith at the sea, the dean of gild is to pay the former 
sum and the latter is to be payable at Martuimas next.] 

5th October 1652. 
[Election of the magistrates.] 

6th October 1652. 

[John Byiinie is elected baron baUie of Broughton and baUie quoad criminalia 
of the Canongate. He and James Gib are to be bailies of the Canongate quoad 
civilia. Alexander Mathie is elected treasurer there.] 

8tk October 1652. 

Compeird George Suittie dean of gild and presented a list of the burgesis [Burgessps- anri 
and prenteisis buikit be him in the tyme of the trouble desji'eing the booking'^'^'' 
counsell to ratifie and approve the same to the effect they may have their '^'" ^ " 
friedome and libertie as if the court had bein sitting [The list follows. The 
Council do as he requests]. 

t2 



294 



EXTRACTS FROM THE RECORDS 



(Col : Overton Ordainos the Proves! baillies dean of gild thesaurer and part of the gild 

freenTen.f^ counseU to admitt and resave Colonell Robert Overtoun and ColoneU 

Charles Faufax and Johne Smji:h EngUshmen to be burgesis and gildbrether 

of this brugh in commMm/orma. . . . 



[Order for 
payments to 
William 
Thomaon.1 



Uth October 1652. 

[The Council and extraordinary deacons] Forsameikle as be act of counsell 
of the first of September last the Provest baiUies and counsell did appoynt 
William Thomsone Clerk to goe to England as agent for the brugh and lies 
graunted to him ane ample commissioun to that effect and sieing the 
expensis of his jom-ney and imployment doubtles will be great Thairfor 
ordaines the present and lait thesavu-eris and collectoris of the Touns dewes 
and rents to advance to him the haill money they presenthe have among 
their hands upon his receipts . . . And for futm-e if his implojnnent requyi-e 
more ordames the thesaurer to accept and pay thaiikfuUie such bills of 
exchange as the said Wilham Thomsone sail happen to draw on him from 
Londomi for the pubhct effairis of this brugh. . . . 



tMinisters' 
stipends and 
Sacrament.] 



I5th October 1652. 

[Coimcil for 1652-3 : Provost, Archibald Tod ; Bailies, Hew Hamiltoun, 
Robert Sandilands, Robert Murrey, Andrew Ramsey ; Dean of Gild, George 
Suittie, [elder] ; Treasurer, Andrew Bryssone ; Council, John Byiuiie, James 
EiUies John Jossie, John Marjoribankis Thomas Calderwood, David Wilkie, 
Patrick Thomsone, WiUiam Wauchope, James Mastertoun, Alexander 
Haliburtoun, John Meikle [tailor], John Milne [mason] ; Deacons, GObert 
SommerveU, tailor, James Fairbairne, goldsmith, James Ker, skhmer, Adam 
Thomsone, hammerman, James Broun, shoemaker, Alexander Cleghorne, wright ; 
Extraordinary Deacons, James BaiUie, surgeon, Robert PargiUies, furrier, Thomas 
Patersone, mason, George Sammell, baker, David Duncan, fiesher, James Foster, 
weaver, Thomas Storie, waulker, Alexander MoRenley, bomietmaker. 

Masters of the Trinity Hospital : Thomas Beg ; William Patersone, tailor.] 

19<A. October 1652. 

[The Council, extraordinary deacons and many neighbours being convened] 
The Provest in name of tiie counsell reported to the nighboris that according 
to their desyre the twentie aucht of September last the counsell had spoken 
with the ministeris anent the modificatioun of their stipends and celebratioun 
of the Sacrement and that the muoisteris wer content of the proffer of the 
twa thowsand twa hunch-eth merkis be yeir for byganes and in tyme to 
come so long as the Toun wer in this hard conditioim and that they would 
graunt a discharge of the haiU new stipend upon the peyment of the old 
quhiU it sould pleis God to inable the Toune to doe better And siklyk that 



OF THE BURGH OF EDINBURGH 295 

they wer cairfullie goeing about the way and nieins for celebratioun of the 
Commuiiioun with all convenience.^ 

20th October 1652. 

[The Council increase the monthly contribution for the cess by 300", making 
it 2,400", to allow for deficiencies. 

The sum of 1866" 19^ 4<i is to be sent to Glasgow as the voluntary contribution 
made for the fire there.] ^ 

Appoyntis the baillie Hew Hammiltoun George Suittie dean of gild {."^^tefnlus'e.] 
and Andro Bryssone thesaurer to wait upon the Chartour hous with James 
Butter for ordoreing of the haill writtis therin quhilk are for the present 
in great disorder and to attend thaii* day about fra morne to even with 
the nieniberis of the counsell underwi'itten and to begin on Moonday 
nixt. . . . 

22nd October 1652. 

[The CouncU having appointed a committee to enquire into the money due by 
James Smyth, cloclvmaker to tlie Town and what they owe him and having 
received their report] considering the mein concUtioun of the old aged man 
and his long service to the good Toun ordaines tlie dean of gild to pay 
to him ane hundreth pounds presentlie for this yearis pensioun in compliet 
peyment of all bygane fies and discharges him of all begane mailUs . . .^ 

27th October 1652. 

[Price and weight of bread : 12'i load of good wheat to weight 9 oz. 10 drops ; 
12'' loaf of best masloch to weigh 12 oz. 6 drops ; 12^ loaf of second masloch 
to weigh 15 oz. 7 drops. 

Price of stone of tallow, 54^ ; stone of candles 3" 4^ ; pound of candles, 4^ 4<i. 

Price of best ale, 20'^ the pint ; single ale, 10" the pint ; best beer and single 
beer at similar prices. 

The accounts of Thomas Leishman, treasurer for 1647-8, show a charge of 
267,572" P 21 and a discharge of 265,247" 15^ 3". He is to pay the balance of 
2,324" 5^ 11" to the present treasurer.] 

29th October 1652. 
[Daniel Love, servant of Judge Owen is to be made burgess gratis.] 

' See p. 292 supra. 

- See p. 289 supra. On 23rd October the magistrates of Glasgow ordered a letter of 
thanks to be written to the magistrates of Edinburgli for their contribution (Olasgoiv Extracts, 
p. 248). 

^ Apparently appointed in 1607 (Records, 1604-26, p. 36). 



296 



EXTRACTS FROM THE RECORDS 



drd November 1652. 

[William Makwell, servant of James Wallace, vintner, is to be made burgess 
gratis at the request of Colonel Overtoun. 

James Alisone is elected baron baUie of Portsburgh quoad criminalia et civilia ; 
Alexander Herroun and Richard Howiesone bailies quoad civilia.'] 



[Parliament 
House.] 



lOth November 1652. 

Ordaines the thesaurer ... to prepaire office housis and chambers 
for the Clerkis and uthers in the Parliament hous and to prepair the utter 
lious for calling and to cleid the Conimissioneris seatt with cloath as formerlie 
conforme to the Commissioneris desjre. . . . 



[Site of tlie 
Citadel.] 



I2,th November 1652. 

Appoynts James Alisone Alexander Haliburtoun and John Meikle to 
meitt with Archibald Kincaid anent the valuatioun of the houses and 
lands of the north syde of the bridge of Leith for tlie use of the Englishe . . . 
and to remember the Touns entres for their superioritie of the samen. . . . ^ 



\lth November 1652. 

[The Provost and James Eillies are elected commissioners to the convention 
of Burghs to meet in the Town on 26th November. Gilbert Sommervell, David 
WUkie and James Fairbairne are assessors and proxies.] ^ 



2Uh November 1652. 

[The accounts of Gilbert Muire, collector of the merk per tun, for the year 
1649-50, show a charge of 3,239" and a discharge of 1,9-49" 13^ 4". The balance 
of 1,289" 6" 6'' is to be paid to the persons to whom it is assigned. 

The treasurer Thomas Leishman is to pay to William Thomsone or by his 
order 2,500 merks. 

The accounts of WiUiam Denhame, one of the collectors of the stent and 
mamtenance, imposed in 1649 and collected in 1G50, show a charge of 17,799" 18^ 
and a discharge of 17,530 " 19", including his fee. The balance of 268" 19'' has 
been delivered to John Hilstoim, late treasurer.] 

1 Probably for tlie building of the Citadel, though that was the latest of the forts to be 
built and the matter was not taken up till later. 

- See Records Convention Royal Burghs, iii. p. 365, which gives three commissioners for 
Edinburgh. It dealt, among other matters, with the provision of eoal and candle for soldiers 
quartered within burghs, to which the gentry of the shire offered to contribute, and with 
the vacancy at the church at Campvere. No further convention is recorded till October 1653, 
but the Council Records show that a General Convention met at Cupar in July 1653 (p. 317 
infra) and was dissolved by order of the Commander-in-Chief. 



OF THE BURGH OF EDINBURGH 297 

26</i November 1652. 

Compeird John Young beddell and producit a purple velvet cusheon (cushion and 
and purple velvet cloth with a gold and silk frenyie quliilk hes bein Ln his tocouncu.j 
custodie and keiping ther twa yeiris bygane and upward And ordaines 
the thesaurer to provyde a pocke for the same and another new pocke for 
the Pro vests blak velvet cuscheon and cloth. 

Ordaines the thesaiirer ... to give lawfuU wairneing to William [Booth.] 
CarmicheU skinner to remove fra that skinner buith occupyit be him and 
pertening to the good Toun lyand under the new Tolbuith to the effect 
Robert Trotter merchand may enter thairto as the Toun and he can agrie. 

2^th November 1652. 

[The Council with three of the ministers and in presence of some of the (Regent of 
professors] elects M'' James Pillouns to be regent of philosophie ... in 
place of M'' Anclro Suittie now vacand in their hands be deceis of the said 
umqidiile M'' Andro Suittie . . . and that conforme to ane former act of 
Counsell maid in favoris of the said M"" James Pillouns daittit the fyft 
November i"" vi'^ fourtie seven. . . . ^ 

1st December 1652. 

[The extraordinary deacons consent to the election of M' James Pillouns, 
recorded above.] 

Ordaines Thomas Fairholme thesam-er of the kirk sessiouns of this [Homings for 
brugh to raise new letters of horning agains the deakens of the kirk sessiouns °°"' ^ ' 
and siclyk to raise new letters at the instance of the deakens agains the 
inliabitants of this brugh and to put the samen to executioun if neid beis 
for jjeyment of the annuities to the effect the ministeris may be payit of 
their stipendis. . . . 

3r(Z December 1652. 

Appoyiitis the baillie Robert Mm-rey with Jolme Bynnie and Gilbert [Regent of 

^ ^ •< •> ■' humanity.] 

Sommervell to meitt with Sir Lues Stewart ^ Sir Joline Gumoiu- ^ and 
M"" James Baird anent the electioun of a regent of humanitie in the Colledge 
in place of M'' James Pillouns preferrd to be a Regent of Philosopliie. . . . 

8th December 1652. 

Ordains Thomas Fairholme thesaurer of the kirk sessiouns to pay the [Payment of 
sex present ministeris servmg the cuu-e of this brugh equallie and pro- ""'"'' '^' 

' See p. 134 supra. 

* See Extracts, 1626-41, p. 1, for liis appointment as an assessor to the Town. 

" Sir John Gilmour of Craigmillar, Lord President in 1661. See Brunton and Haig, p. 350. 



298 



EXTRACTS FROM THE RECORDS 



portionallie with the first and reddiest of the aminitie that comes in his 
hands. . . . 

[The accounts of John Hilstoun, treasurer for 1648-9, show a charge of 
79,118" 18" 71 and a discharge of 92,826" 16^ 9". The Council order the balance 
of 13,707" 18^ 2'' to be repaid out of the readiest of the Town's means. Should 
that not be forthcoming they bind themselves and theh successors to repay the 
same at Whitsunday next with interest. 

Robert Murray, bailie, reported on the money due to the late M"' John 
Adamsone, principal of the College, who died on 11th December 1651.^ A 
balance of 711" is to be paid to M' Andrew Muire, his son-m-law.] 



[Provost and 
others to 
Dalkeith.] 



Decrcit 
Marteiii 
Leitche 
contra the 
Magistratts of 
Edinburgh. 



lUh December 1652. 

[The Council and extraordinary deacons] appoyntis the Provest Archibald 
Tod and any ane or twa of the baillies with James Eillies Gilbert Sommervell 
and James Fairbairne to goe up to Dalkeith the morne and salute Generall 
Major Deanes quho is goeing up to Londoun. . . . 

[As payment has not yet been made to George Suittie, James Rucheid, 
Laurence Henderson, David Wilkie and James Eillies of 11,000 merks for buying 
copper and repairing the Church at the Tron, the dean of gild is to use the arms 
silver, the rents of the pews in the south and south-east parishes and the money 
of the merk per tun, due by Gilbert Muire, collector, for that purpose and to 
divide it equaUy between them or their assignees.] 

Compeird Archibald Tod Provest and producit ane act obteind befoir 
the King and Parhament at Sterhng upon the twentie ane Jiuiij i"" vi^ 
fyftie ane at the instance of Marten Leitche agains the Provest Baillies 
and counsell for the tyme ^ quliilk the counsell ordaines to be registrat in 
their counsell book qulierof the tennor followis Sterhng twentie ane Junij 
\m vie fyftie ane The Kings Majestie and Committee of Estates haveing 
read and considered the suppHcatioun gevin in to them be Martean Leitch 
desyreing that he might have the orcUnarie coiu-se of justice be letters of 
horneing and utherwayes against the Magistrats of Echnbiu-gh present and 
to come ay and quhill he wer peyit of the soume of twelff thousand and 
fyve hundreth merks with the amiuehent and expensis thairof borrowed 
from him be the Magistratts and counsell of Edinburgh in the yeir of 
God i™ vi'' fourtie eight yeirs And that they would take unto consideratioun 
what hes bein alreadie done in that bussines be the Committee of Parhament 
upon the twentie twa day of Junij i^ vi^ fyftie And the Committee haveing 
red and considdered the report of the said Committee quhairof the tennor 
foUoweth At Edinburgh the twentie twa day of Junij the yeir of God i'" vi" 
fyftie yeirs Report from the Committee of Bills anent the supplicatioun 
of Matrten Leitche contra the lait and present Magistratts of Edinbrugh 
> See p. 276 supra. ^ See A.P.S. vi. (2), p. 634, and p. 150 stipra. 



OF THE BURGH OF EDINBURGH 299 

Forsaraeikle as thair being ane supijlicatioun gevin to the said Committee 
be Maii'ten Leitche ane of liis Magisties Wairdi'op agains tlie present 
Magistratts and counsell of Edinbrugli and agains these lait magistratts 
and coiuisell thah'of siibscryvers of tlie band underwritten schewing that 
in Maij i™ vi^ fom-tie eight tlie saids Magistratts then in place borrowed 
from the suppUcant the sowme of twelff thowsand and fyve hundreth merks 
Scottis quliilk be their band they obleist them and their successoris in their 
place and offices to repay at Mertimes i™ vi*^ fom-tie eight yeirs with ane 
termes amiuelrent with annuelrent thakeftk, diireing the not payment 
and expensis conteind in the said band As the samen registratt in the buikes 
of counsell upomi the twentie tlirid of November last proportis and in 
reguard he had nether gotten peyment of the sowme nor could get letters 
of horneing upon his band to chau-ge for peyinent thairof desyreing thairfor 
that the Parliament would graunt letters of horneing upon liis registrat 
band either against the present Magistratts and counsell of Edinbrugli 
and their successors or against the subscryvers of liis band or against both 
as the Parliament in reasone and equitie sould find most expedient as the 
said supplicatioun more fuly proportis The said Committee upoun the 
thretten day of Junij instant efter reading of the forsaid supplicatioun 
ordained the saids Magistratts of EcUiibm-gh respective abone designed to 
be citted to compeir and answer to the desyre of the foirsaid supplicatioun 
Quhilk being accordinglie done and the pau-ties the sevinten day of Junij 
instant called the supplicant conipeirtl personallie and producit lus said 
registrat band and als compeird Robert Lockhart ane of the present baillies 
of Edinburgh with M"" Andro Ker Toun clerk thairof and producit ane act 
of the Commissioners of the General Assemblie of the twentie seventh day 
of December i°i vi^ fourtie nyne yeii'is subscryved be the said M"" Andro Ker 
their clerk in answeir to the questiones proponit to them be the present 
Provest Baillies and coimsell of Edinburgh WJiither they sould in conscience 
pay any pah-t of the fourtie thowsand punds borrowed be the Magistratts 
and counsell of Edinburgh for the tynie for the lait unlawfull engadgment 
togidder with ane act of the Toun counsell of the last of December i"" vie 
fourtie nyne yeirs relaiteing to ane former ordom' of the counsell that some 
of the Baillies and counsell wer apjioyntit to present ane petitione from 
them to the Commissioners of the Generall Assemblie craveing then- 
resolutione wliither they sould be frie of the foirsaid foiu'tie thowsand 
punds As the foirsaid actis haveing the said petitione with the answer of 
the Kirk insert thairmtill projiortis And alledgit that im-espect therof no 
letters could be direct at the supphcants instance against the present 
Magistratts for peyment of this sowme becaus it being a paht of the fourtie 
thowsand iiunds borrowed be the Magistratts for the tyme for advanceing 



300 EXTRACTS FROM THE RECORDS 

of the laitt unla^^-full engadgment the present Magistratts cannot be halden 
in peyment thairof "wathout sinfull acknowledgment Quliillvis his actis with 
the defence forsaid gevin in writt tliairupoun for the jjresent Magistratts 
war gevin up to Robert Fleyining sometyme baiihe of Edinburgh ane 
of the Magistratts subscryveris of the foirsaid band quho for himselff and 
remanent Magistratts subscrjrveris of the band reproduced to the saids 
acts with ane answer in writt for the saids magistratts subscryvers of the 
band whairfoir they could not be lyable in peyment of the foirsaid sownie 
nor any charges direct against them for that effect for the reasones and 
causis conteind in the paper producit for their defence Lykeas thaneftir 
the samen answers with the acts foirsaids being geviia up to M'' George 
NorveU advocat procurator for and in name of the present Magistratts 
he upoim the nyneten day of Junij instant rejiroduced the same and 
declaired he had not farder to answer for the present Magistratts but that 
they desyred the supphcatioim actis and answers respective fohsaids hincinde 
gevin in as is afoirsaid might be read and advysed in ojipen and jjlaine 
Parliament Whilk desyre being taken into consideratioun be the Committee 
they thoght that they would not represent the samen nor make any suche 
report thairof to the Parhament without they did represent their awine 
opinioun anent the premisis seing their commissioun and warrand from 
Parhament ordained them swa to doe and hehupoun the said Committee 
haveing red and at lenth considderit and advysed the foirsaid supplicatioun 
[and] desyre thairof [and the] band quliahupoun the same is foundit togidder 
with the foirsaid actis produced for the present Magistratts of Edinburgh 
with the defensis proponit for them thairupoun togidder with the answers 
be way of defens gevin in and produced for the Magisti-atts of Edinburgh 
for the tyme subscryvers of the said band They find that the foirsaid band 
is onhe grauntit be the Provest Baillies dean of gild and thesaurer of 
Edinburgh and remanent counsell and deakens of craftis thairof for tham- 
selfiFs and as representmg the haill bodies and communitie of the said brugh 
graunting the borrowing and recept of tlie foirsaid sowme of twelff thowsand 
and fyve hundreth merks to be imployed in the commoun affaires of the 
said burgh coioforme to the act of the counsell thairof of the twelff of Maij 
im vie fourtie eight yeiris and obleishing thame for thameselffis and represent- 
ing the haill bodie and communitie of the said brugh and their successors 
succeiding to thame in their offices and places to pay the foirsaid sowme 
to the supplicant -ndthout any mentioiuie that the subscryvers of the band 
are ather bund conjuncthe and severaUie or that they have bund their 
aires or executors for peyment of the said sowme As also finds that it is 
and hes beine the constant custome observed hiertofoir in raiseing of letters 
and charges upoun bands graimtit be Magistratts of brughs royall for 



OF THE BURGH OF EDINBURGH 301 

thameseffis and as representing the boclie and communitie of their brughes 
that the samen letters bemg sought when these Magistratts subscryvers 
of the bands were out of office wer ever purchest be delyverance of the 
lordis of Sessioun for chargeing of the succeiding Magistratts being in 
present office and charge and their successors in their places and offices 
for payment to the creditor of the sowmes specifeit in the bands grauntit 
and subscr3rved be tlie preceiding Magistrats and that no letters nor charges 
wer ever sought and grauntit agamst the Magistratts subscryvers of the 
band for the tyme eftir they wer out of their offices and places the sowme 
charged for being the conimoun debt of the towne for the quhilk tlie touns 
meanes and estaite is only lyable And als finds that be the foirsaid band 
producit the haill counsell and deakens of craftis of the graunting thairof 
are als vahdlie bund as the Magistratts sieing the Toun Clerk subscrjrves 
for the counsell and deakens of craftis and the Magistratts subscryves for 
theme selffis onlie and yett no lettres nor charges can be craved against 
the remanent counsell and deakens of craftis there names not being exprest 
in the band and swa thair aught no letters nor executioun to pas against the 
saids Magistratts being out of their offices and who wer onlie subscryvers 
of the said band with the remanent counsell for the tyme As lykwayes 
finds that as no letters nor executioun can be direct upoun any bands 
grauntit in favores of any brughis royall in the name of their Magistratts 
for the tyme of the graunting of these bands in the name and at the instance 
of the Magistratts efter they are out of office but onlie in name and at the 
instance of the present Magistratts and their successors swa in equitie and 
for that same cause there can be no letters nor executioune direct nor used 
against the Magistratts subscryvers of bands for the touns debt efter they 
are out of their offices and places as said is Uporni the consideratioun of 
the quhilks premisis it is the humble opinioun of the Committee that the 
Parhament wold ordaine letters of horning to be grauntit and direct upoun 
the foirsaid registrat band produced at the instance of the supplicant 
against the present Magistratts and counsell of Edinbiu-gh and these qulio 
hierefter sail succeid to them for peyment making to the supplicant of the 
sowmes abonewrittin principall and annuelrents and expensis conteind 
in the foirsaid registratt band conforme to the tennor thairof and that 
notwithstanding of the twa actis producit for the present Magistratts and 
of the defensis foundit therupoun for their liberatioun for peyment of the 
said sowme Because the Committee in their humble opinioun thinks that 
the present Magistratts their peyment of the sowme conteind in the foirsaid 
band for receiving of the Toun and obedience of the charge to be gevein 
upoun the band doeth noewayis import their acknowledgment of the 
lawfuhaes of the sinfuU ingadgment no more then quhen any man satisfies 



302 EXTRACTS FROM THE RECORDS 

the decreit of ane judge be peyment of the sowme therm mentioned can be 
thoght to acknowledge the justnes of the decreit or quhen ane air payes 
his fathers debt upoun decreit obteind against liim as air does thairby 
acknowledge that the debt wes lawfulHe contracted or imployed for ane 
just cause Speciallie sieing that the band beires that the sowme wes imployed 
for the commoun affaires of the Towne and quhat ever opinion the Com- 
missioun of the Kirk hes gevin in the foirsaid particular contraverted that 
does not alter the force of the civill obligatioun and without doubt their 
intentioun onhe wes that the present Magistratts sould doe noe act to 
acknawledge the lawfulnes of the unlawful! engadgement quhilk in no sort 
they doe quhen they satisfie the sowme conteind in a registratt band quhilk 
is a standing sentence and in obedience of the cliarge to be raised therupoun 
against them as said [is] Lykeas the Commissioun of the Kirk in the act 
and answer fonsaid hes declaired that the samen is not to be understood 
as if they thereby meaned to obstruct any just or legall jjersuite that the 
creditors may have against the persones debtors quho wer instrumentall 
and active in borrowing of the said sowme And it is the opinionn of the 
Committee that letters and charges be direct at the supplicants instance 
against the present Magistratts for his peyment is both just and legall 
upoun his registratt band producit conforme to the lawes and custome 
observed in this kingdome And the Kings majestie and Committee haveing 
also sein a reference of Parliament of the threttie of December i™ vie fyftie 
yeiris remitting their consideratioun of the report abonewTitten to the 
Committee of Estaites with power to them to determine and being weill 
advysed with the said bill report and reference doe approve the report 
abonewritten and accordinglie doe ordayne letters of horning to be direct 
upoun the foirsaid band at the instance of the said Man-ten Leitche against 
the present Magistratts and counsell of Edinbrugh and these quho sail 
hierefttr succeid to them for the tyme being for i^eyment making to him 
of the sowme abonewritten of twelflf thowsand and fyve hundreth merks 
with the annuelrent and expensis conteind in the said band conforme to 
the tennor thairof. . . . 

22nd December 1652. 

[The accounts of George Jarden, treasurer to the Kirk sessions, of the annuity 
show a charge of 3,795" 17^ 9" and a discharge of 3,733" 6^ S".] 

24<7i December 1652. 

[The CouncU and extraordinary deacons set in tack to M' George Buchanan, 
son of Thomas Buchanan of Sound, Orkney, and James Barkie of Tankernes, 
Orkney, all the lands and rents of the Bishopric of Orkney, except the great 
lodging in Kirkwall set to the Earl of Morton, for five years for a yearly duty of 
9,40U merks.] 



OF THE BURGH OF EDINBURGH 303 

Slst December 1652. 
Appovi^tis John Byimie and James Fairbairne to goe to the Colledge [Regent of 

Huuianitv I 

on Moonday nixt and the deyis following appoyntit to heh the lessones and 
disputes of the students quho are to give in their assayis to be regent of 
humanitie in the Colledge and ordaines commissioun to be ex23ed to them 
for votteing and electeing of a regent of humanitie coixforme to the agriement 
made betwix the lords of Sessioun writeris to the signet and Toun of 
Edinburgh for the Touns part thahof . . . ^ 

5th January 1653. 

Appoyntis James Eillies Johne Marjoribankis and James Broun to goe [Leith 
[to] Restalrig in Sunday eftirnoone with thes appoynted be the Presbytrie 
to heir M"" Johne Hodge preache qulio is called [be] the parosliiners of South 
Leith to be minister of South Leith. . . . 

12th January 1653. 

Takuig to their consideratioun the suppUcatioun presented to them be [Act for 
M'' Patrick Hendersone showing that now be the space of fourtie twa yen-is Henderson.] 
and upward he had served the counsell in his publiot charge ^ and m the 
Kirk Sessiouns and in keiping of the registers of baptisme and mariage 
quhich places could not be discharged without continuall attendance greit 
paines and trouble notwithstanding he had constantlie indevoired tlu'ew 
the grace of God assisting him to behave himselff in Ms statioun faithfullie 
dihgenthe and conscientiouslie having tliis confortable testinionie within 
him that the counsel! and all good nighboris of the Toun had bein witnesis 
to his cariage And that now sieing thair is twa yeirs stipend and mair dew 
to him bypast at Lambes last quhich in thes hard tymes cannot possibhe 
be Weill affoarded to lum be the counsell for his present sustenance as also 
that the counsell had not any before him quho had served them so long 
in thes places with greatter zeal and approbatioun Humblie thekfore 
desyreing that the counsell would be jileased m recompence of his long and 
faithfuU services quherin now his lyfe is weill neir spent to tak into their 
favorable consideratioun how he mey best be supplied for byganes and 
tyme comeing and so farr to regahd his paines and honest indevoires as 
to put some marke of favour upoun him quhich he humbUe conceived 
might be done and ordored in ane easie and in sensible maner so that noe 

^ See p. 297 supra. 

" Henderson was appointed reader, precentor and master of the Song School in 1609 
(Extracts, 1604-26, p. 50). He also was bound to take over the care of the baptism and 
marriage books when the existing keeper should give up. In 1616 he was granted a salary 
of 3001i. 



304 EXTRACTS FROM THE RECORDS 

prejudice soiild therby redound to the publict good nor offence given to any 
nor a preparative to be maid to otliers to expect or crave the lyk eftir his 
removeall at Gods pleasiu'C As at mail' lenth is conteind in the said suppUca- 
tioun The counsell . . . have agried iinanimousUe that the said M'' Patrick 
Hendersone sail have present peyment of the soiune of sex hundreth thrie- 
scoir fyften jDund money as the equall halfe of his twa yeiris fiall and ordaines 
the Toun thesaurer to pay to him the sowme of tlu"ie hundreth threttie 
seven pund ten shilling therof and David Aikenheid collector to pay to 
him uther thrie hundreth threttie seven pund ten shilling . . . And for 
tjrmes to come in recompence of his long good and faithfull bygane service 
and in compensatioun of liis yeirlie fiall payable to him be the Toiin thesaurers 
of this brugli allanerlie the counsell doe hierby give and graimt to the said 
M"" Patrick Hendersone allanerhe duremg all the dayis of his lyftyme to 
exact the pecuniall somnes under\^Titten of everie bajjtisme and mariege 
viz. twelff shilhngs Scottis money of everie baptisme qidios parents are of 
memer degree not exceiding twentie fom' shilling money forsaid to be 
exacted of the highest and twentie shilUng money forsaid of everie mariege 
not exceiding threttie shilling at most . . . and that this present gift of 
exactioiin sail be no example nor preparative to any other persone succeid- 
ing to liim . . . bot upon siich termes and conditiouns as the counsell and 
they can agrie. 

llth January 1653. 

Place Primar [The Council and extraordinary deacons with five of the ministers being 

vacand.*^ convened] Forsamekle as be act of coimsell of the twentie tlu-ie of Aprill 

jm vie fyftie twa the Provest Baillies and counsell for the tyme eftir some 
debeat with the ministrie anent the listing and electioun of the Primar to 
the Colledge did nominat and elect M^ WiUiam Colvin thair lait minister 
to be Primar of the Colledge of this brugh in place of umquhile M'' Jolme 
Adamsone laithe deceisd . . . and sieing thair lies beine cUvers obstructiouns 
to his admissioun and that the Judge hes bein labouring and interceiding 
for the electioun and admissioun of another to the said place The counsell 
for the tyme j)asses fra the forsaid nominatiomi and electioun of the said 
M"" William Colvin and declares the place vacand to the effect another may 
be chosen therin in obedience to the Judge desyre and without any disrespect 
or exceptioun agains the persone and qualificatioun of the said M'' William 
Colvin haveing his testimonie of the ministrie present that they would be 
heartihe weill content with him if it sould pleis God to open a door to him 
for liis entrie to the call.^ 

' See p. 283 supra for liis acceptance. Nothing seems to be known of the reason for this 
new election. 



OF THE BURGH OF EDINBURGH 305 

Elects . . . M'' Robert Lightoun minister at Newbottle to be Principal! 
of the Colledge of tliis brugh. . . . 

It is to be remembered that the Provest craveing the votes of the 
ministers anent the electioiin of M"" Robert Lightoixn Primar it halted 
there a tyme wishing they had not bein calld to the electioun and 
showing that albeit they wer weill content with the man _yet they could 
not give then- voices to the electioun becaus they wer not cleii" in the maner 
of the call and desyi'ed to be markit onhe present and non loquents in the 
voiceing. 

20th January 1653. 

Appoyntis the thesaurer Andro Bryssone and James Ker to goe to ^^jY^!j|'|°°,,g 
Newbottle to call M'' Robert Lightoun to the place and office of Primar of Principal.] 
the CoUedge . . . and to deliver to liim a missive direct to him fra the 
counsell to that effect. . . . 

3lst January 1653. 

[A committee is appomted] to consult with the Toiins assessors anent [Canougate 
the bussines of the craftis of the Canogait. ... 

2nd February 1653. 

Graunts testificat under the seal of caus and subscriptioun of their [J'^j^^*'^™"^?' 
commovm clerk testifieing that James EiUies James and Richard Weirs 
and M'' Thomas Lumsden factoris at Campheir as Scottismen factoris at 
Camioheir for the service of the Bmrowis of the land and subject to the 
lawis of Scotland and residenteris alsmuch heir as thair to the effect they 
may have their recourse to the Parhament of the Commonwealth of England 
for repetitiouns of the Spanishe wool! taken from them be the English and 
lyand in Yearmouth and Plammouth. . . . ^ 

4:th February 1653. 

Ordaines Johne Reid collector of the rents of the seatts of the [north- [Scats of North- 
west parish] kirk with advyse of the baillie of the quarter and dean of gild 
to disjjose upon the seats of the said khk to the best advantage and dis- 
charges any possessor to have .seatte than- bot thes qidio peyis pleasantUe 
and tymoushe. . . . 

[Sir John Hope of CraighaU, knight, one of the Commissioners for Administra- 
tion of Justice to the People of Scotland, has donated 1,000" to the College. 

^ See p. 291 supra. 

TJ 



306 



EXTRACTS FROM THE RECORDS 



Baillies dis- 
charged 
infefting with- 
out payment 
of bygane 
stents. 



tCouncU of 
Correction 
House.] 



Mure payment 
or prisone. 



Letters release 

miuisteris 

Londoim. 



The interest thereof is to be used for the support of a bursar of divinity or any 
other student at the option of the said Sir John.] ^ 

Wi February 1653. 

Forsamekle as be act of counsel! of the last of Sej^tember i™ vi^ fourtie 
sex the Provest baillies and connseU for the tyine did statute and ordaine 
that nane of the baillies of this brugh present nor to come nor their Clerk 
sail pas with any pairtie to give infeftment of any landis quhiU they try 
quhat stentis or ground annuells or uther soumes ar payable fui'th therof 
to the good Toun and the saids stentis annuelrents and uther soumes fimd 
restand be payit befon the infeftmeiits be given and to be comptable for 
their intromissioun and the baillie and Clerk transgressing to be lyable in 
peyment therof themselffis Tlie counsell hierby ratifies the forsaid act 
and ordaines the baillies to follow the forsaid order and to accept of no 
band tickett or uther securitie fra any parite quliatsumever for peyment of 
such rests without the speciall advyce and consent of the counsell obteind 
to that effect and incaice of failyie to be comptable for jDeyment therof for 
themselffis and extendis the act [for] Leith and Canogait.^ 

nth Febnmry 1653. 

Electis to be of tlie counsell of the correctioun lious for the yeir to come 
the persones under«Titten conforme to the fundamentall iiistitutioun 
therof [viz : five merchants, three craftsmen and six members of the kirk 
sessions, aU merchants]. 

I6th February 1653. 

Ordaines Gilbert Mure collector of the merk of the tun to pay in the 
supplus of his accompts to the counsell betwix and this day aught deyis 
at the forthest being twelff hundi'eth punds scots money or thau'by and 
incaice of failyie ordaines the baiUies to put him in prisone quiiill he pey the 
same. . . . 

Compeird Archibald Tod and shew to the counsell that the ministers 
of this brugh had desyred that the counsell would be pleased to wrytt 
letteres to Generall Cromwell and Colonell Fenwicke for the reliefe of our 
ministers prisoneris at Londoun The counsell agries therto and ordaines 
the Provest and baillies to subscryve the same. . . . ^ 

1 There is a marginal note to the effect that the gift was diverted to the use of the poor 
on 25th February of the same year. 

^ See p. 103 supra. 

' See pp. 264, 274 supra. But on 11th February Mr Robert Douglas and Mr James 
Hamilton, prisoners in the Tower, had been discharged by the Council of State and allowed 
to return to Scotland on promising to live peaceably. Mr Jolin Smith also had a similar 
liberty (Scotland and the Commonwealth, p. 193). A letter from Colonel Lilburne to Cromwell 
on 11th August shows that Mr Robert Douglas was proving " refractory." 



OF THE BURGH OF EDINBURGH 307 

[M'' James Logane, clerk of the Canongate, gave bond to John Stewart, late 
clerk there, to pay him 1,000 merks yearly, by his act dated 13th October 1649, 
and the Council, by their act of 7th December 1649, allowed to the said M' James 
1,000 merks out of any new augmentation of the rental of the Canongate. The 
bond was suspended for a time and then submitted to the Commissioners for the 
administration of justice in Scotland for an agreement to be made between 
M'' James Logane and John Stewart. The Commissioners concluded that 
M"' James should pay to John Stewart 1800 merks in full satisfaction of the bond. 
Because he has renounced all benefit from the Council's act, the latter order the 
treasurer of the Canongate to pay to him the said sum of 1,800 merks by three 
instalments.] ^ 

23rd February 1653. 

Forsamekle as be act of counsell the twentie thrie of April i™ vi" fyftie [Payment to 
twa the counsell made choyce of M"" William Colvin (in liis absence) to be coivuie.] 
Principall of the Colledge of Edinburgh and directed missive letters to 
Holland qulier he was for the tynie inviteing him to the call qixherunto he 
gave obedience with much travell and expensis and sieing be actis of the 
sevinten of Januar last the counsell ar disappoynted of their intentioun 
and the said M"" William of his call and benefite therof . . . finding it 
necessarie and incumbent to them to requyt the said M"" William with some 
sort of reoompence for his extraordinarie paines travell and expence in 
Ins translatioun and attendance forsaid [order the College treasurer to pay 
him the stipend vacant for the year smce the death of M'' John Adamsone, 
last principal.] - 

Ordaines the Provest baillies dean of gild thesaurer and gild counsell [Burgess at 

® " rrquest of 

to admitt and resave M"" Robert Jessis merchand to be burges and gild- L^romweu.] 
brother of this brugh in communi forma frielie at the requeist of his Excellence 
Generall Cromwell be missive. . . . 

Taking to their consideratioun the present conditioun of M^ Robert [Macer] 
Levingstoun bearer of the Mace quho hes bein disappoyntit of his service 
and fialls tliis tyme bygane tlu-ew the iniquitie therof and sieing he hes 
no other mein of lyfe and beeing in subsist Albeit the counsell hes not the 
use of the carieing of the Mace for the tyme nevirtheles they agrie that he 
sail have the peyment of his fiall of twa hunder pund be yeir for tyme to 
come. 

25th February 1653. 

Forsamekle as the thesaurer . . . hes debursit the particular soumes of [Payments by 
money underwritten be ordour of the counsell viz ane hunder pund sterling allowed.] 
to William Thomsone Clerk and his ordor conforme to his bill and recept 
the sourae of tlu'ie hundreth pundis scots to Colonell Andrew Milne and 

1 End of 17th volume of the Council Register. 

- See p. 304 supra. Adamson had been dead more than a year. 



308 



EXTRACTS FROM THE RECORDS 



ane hunder merks to Mester Williamsone for the Touns motta cutt on a 
large broad [these sums are to be allowed in his accoimts. 
[Donation for Sir John Hope of Craighall, having donated 1,000 merks towards the 

to poory^'^^** mamtenanee of a student in the College] out of his charitable and pious 
affectioun to the poor is desyrous rather to have the annuelrent of the 
said sownie convertat for the yeirlie maintenance of some decayed inhabitant 
quhom he or his aires sail appoynt and nominat. [The Council agree and 
give order to the treasurer accordingly.] ^ 



[Committee 

witli 

ministers.] 



[Repair of 

College 

Clmrcli.] 



[Regent of 
Humanity.] 



9th March 1653. 

[Two bailies and five others are appointed] to be a committee to meitt 
with the ministers of tliis brugh anent such particulars as concerne the 
good of kirk and cittie. . . . 

[A contract is made with John Scott, master wright, for repairing the 
College Kirk for the sum of 215"] and declaires that tliis is all the nighbours 
of the paroshe requ3Ted to be done and that they offerd to repair the rest 
of the ku-k themselfis mider the quhich provisioun the agriement is 
made. . . . ^ 

nth March 1653. 

[Presentation of new regent of humanity] At Edinburgh the nynt day of 
Marche i™ vi*^ fyftie tlirie yeirs Quheras it is and alwayis hath bein in the 
power of the Toun of Edinbiu-gh and of the CoUedge of Justice to nominatt 
elect and present a quahfied persone quhom they sould approve ... to 
su])plie and discharge the place of a regent of hiunanitie witlim the Colledge 
of Edinburgh . . . and the place of a regent of himianitie being presentlie 
vacand and the Commissioners for admmistratioun of Justice to the people 
of Scotland (quho ar now come in jjlace of the lait lords of Sessioun qidio 
also had their voice in the said electioun) haveing ah-eddie testified their 
pleasure and assent that M"' Johne Wi.shart sone lawfidl to M"" Gilbert 
Wishart minister sould be electit to discharge the foirsaid place of regent 
of humanitie within the said Colledge Thairfor we Patrik Thomsone merchand 
burges of the brugh of Edinburgh and James Faubairne deaken of the 
goldsmiths thairof as commissioners for the said good Toun of Eduiburgh 
and M"" Andro GOmair advocate as commissioner for the advocatts and 
M'' William Hendersone wrytter to the Signet as commissioner for the 
Clerks and wrytters members of the said CoUedge of Justice conforme to 
our respective commissioun formerUe producit Being credibhe informed 
of the sufficiencie of the said M"" John Wishart to exerce the forsaid place 



' See p. 305 supra. 

^ See NicoU's Diary, p. 35, where it is stated tliat the English army in November 1650 
stripped of their woodwork the College, Greyfriars' and Lady Yester's Churches. 



OF THE BURGH OF EDINBURGH 309 

and haveiiig heard and approven the publict tryell of his literature and 
quahlicatioun for the said place ^ we have elected nominate and presented 
and be thir presents elect nominat and preysent the said M'' John Wishart 
to be regent of humanitie within the said CoUedge of EcUnbiirgh in the 
samen forme and imder the samen conditiouns as other regents of humanitie 
his predecessors wer presented to the said place of befor quhen the samen 
did vaik And we be tliir presents gramit to liun the said place of ane Regent 
of humanitie m the forsaid Colledge with all ties casualities and dewties 
belonging thairto siklyk and alsfriehe in all respectis and [upoun] the 
samen conditiouns as uthers Ms predicessors in the said place did bruike 
and exerce the said place of befoir In witnes quhairof we have subscrivit 
thir presentis with om- handis day yen' and place respective forsaids befoir 
thir witnesis M^ Alexander Spottswood wTytter in Edinburgh Walter 
Stewart and James Butter WTytters there Sic subscribitur Patrick Thomsone 
Ja. Fairbairne M"" A. Gilmoix M'' W. Hendersone M"" A. Si^ottswood witnes 
J. Flether witnes Wa. Stewart witnes James Butter witnes.^ 

[Robert Robertsone, merchant, is to be admitted burgess and gildbrother 
gratis and his arms silver and other dues are dispensed with, because of good 
service done to the Town in the past] uirespect of the relatioun he had to 
the said friedome be Ms first wyfe neglectit. . . . 

Uth March 1653. 

[A committee is appointed to meet with those who were elders of the khk 
in 1649 and 1650 and to find a way to coUect the annuities of these two years, 
for payment of the ministers' stipends.] 

Appoynts the committee of the mghbours of this brugli to impose a [Coai and 
collectioun for coall and candle to the gairds for the moneths of November guard"] °' 
and December last sieing thair hes bein no impositioun sen Apryll i"" vi" 
fyftie twa. . . . ^ 

18«A March 1653. 
[John Gilbert is discharged from Ms office of depute clerk of Leith.] * 

23rc? March 1653. 

[M"- Richard Warde, Clerk of the BiUs, M"' Thomas Frieman, one of the 
keepers of the Registers and Alexander BeU, servant of M"' Warde, are to be 
received burgesses and gild bretMen.] 

1 See p. 303 supra. 

^ This is the first recorded instance of the terms of the presentation being given in full. 
' This committee is explained by the end of the act of 6th April on pp. 310-12 infra. 
* See p. 285 supra. 

V2 



Committee. 



310 EXTRACTS FROM THE RECORDS 

25th March 1653. 

[Michael MaiU, mercliant in Dieppe, is to be burgess and gildbrother gratis] 
and this becaiis of the smgular respect quliilk the counseU caries towards 
hiniselff and his worthie father yet on lyfe speciaU freinds to Scottsuien in 
France. 

[Harry Duncan, merchant, is to be received burgess and gUdbrother for 
payment of the old dues paid in 1641] in resiDect he wes admitted burges 
the said yeir in communi forma and cannot be made gildbrother be that 
ryght of burgeship. . . . ^ 

30th March 1653. 

[M' Robert Lightoun appeared and accepted the office of Principal of the 
College. He is to be received burgess and gUdbrother gratis.] 

6th April 1653. 

[WiUiam Jaffrey, bookbmder, is to be aUowed a shop beside the Tron church 
to be buUt at his expense. He is to possess it for eleven years and pay 9" a 
year rent. 

The proclamation as to vagabonds is renewed.] 

Eatiflcatioun Forsamekle as the moneth of October i™ vi'^ fyftie eftir that fearfull 

defeat of our Armie at Diuubar tlie few iiandfuU of the nighbors than 
present in Toun being in a most dangerous conditioim and finding themselfis 
deserted of their Magistratts and miniesteris and greattest part of the 
nighbors and that thair wes ane necessitie lyand upoun them to have some 
pubhct face of governement within the said brugh to be instrumental! for 
the saftie and preservatioun of the remainder of the Cittie from utter ruine 
and to keip some sort of coiTespondence with the Engleish Armie then 
quartered within brugh did convein among themselfis and mianimoushe 
agrie to make choyce of a committee of the nighbors to that effect ^ Lykeas 
they did elect a certane number of the nighbors as the representative of the 
Toun for the tyme qidiois names ar underwTitten viz. Arcliibald Tod George 
Suittie Andro Sympsone Johne Pearsone James Loche James Alisone 
James Nairne Robert Robiesone Cieorge Wauchope WilHam Sympsone 
David M'Gill WiUiam Shaw William Wauchope James Mestertoun James 
Carmichaell Robert Glen Thomas Gihnoir merchands Gilbert M^cleUan 

' Probably the Harry Diincan, servant of Sir Robert Gordon, made burgess at the time 
of Charles I's visit to Edinburgh in 1641. The King's household staff all were admitted to 
the freedom, the nobles as burgess and gildbrother, and the others as burgess. 

' The obvious place for this act would seem to have been 4th December 1651, where a 
blank was left for the accoimt of the " vacance " of the Council (p. 262 supra and note). The 
narrative by Nicoll {Diary, p. 66) gives no account of the fonuation of this committee, but 
states that the Town was tlestitute of any government. The Register of Decreets of the 
Burgh Court (vol., 1650-4) is evidence that the committee did function in cases wliich 
normally would have been submitted to the bailies. 



OF THE BURGH OF EDINBURGH 311 

skinner Mitchell C4ibsone tailyeour David Dowglas chiriirgian James Broun 
cordiner WiUiam Hntchiesone skinner James Fentoun tailyeour John 
PoUok cordiner Alexander Lyndsey liammerman James Bynnie baxter 
Thomas Peacok cordiner George Gairdner tailyeour John Meikle tailyeour 
and James Ker skimier Quho coinioeirand acceptit the charge upon them 
and gave tlieir aithes for faithfuU administratioun With power to them for 
regulatioun of quarterings furnishing of coall and candle to the guairds 
imposeuig of pittie stents to tliat effect choosing of collectors fitting of 
their accompts and decydmg of debeatts pleyis and contraversies betwix 
nighbor and nighbor and to doe such lyk other acts and deids in ordor and 
relatioun therto as sould be tlioght meitt and fittest for the saftie of the 
Toun and weilfare of the inliabitants of the samen Lykeas the said committee 
did elect Robert Adamsone to be their Clerk for the tyme and George 
Leslie to be their collector generall and lykwayis did choos members in 
place of thes qidio died or wer absent Quhilk committee did exerce that 
charge -nith all cairfulnes and moderatioun according to the wisdome skill 
and knawledge cjuherwith it pleased God to enable them in such tymes of 
danger and difficidtie qidiUk to the praise of the Lord had its owen good 
effects to the weill of the poor Toun The Provest Baillies and Counsel! 
now in office being sensible of their good service cjuherof some of them 
wer eyewitnesis and fellow labourers in the work finding the samen to be 
works of necessitie quhilk is above all law and matter of greatt prudence 
and providence for the saftie of the remainder of the Cittie from utter 
desolatioun confusioim and ruine for the tyme of her desertioun deserving 
its owen praise and dew commendatioun besyde good deid if the Coimsell 
wer able to requyie the same doe thairfoir ratifie and approve the samen 
and all actis done be them in ordour and relatioun thairunto as good service 
done to the poor Toim in the tyme of her straitts and necessitie And siklyk 
the Provest Baillies and Counsell in Marche i™ vi^ fyftie twa the tyine of 
the electioun of the Counsell finding it necessarie to continue a committee 
of 20 of the forsaid number for regulatioun of quarterings impositioun of 
stents for coall and candle to the guairds choosing of collectoris and quarter 
masters prescryving of rules and ordors to them choosing of auditors to 
the Collectors compts fitting of the samen ^ and suchlyke did elect a new 
committee viz. John Pearsone James Alisone, James Loclie James Nairne 
David M^Gill William Wauchop William Shaw William Sympsone George 
Wauchope Robert Robiesone Hendrie Robertsone Tliomas Gilmoir Michell 
Gibsone Alexander Cleghorne John Meikle James Bynnie Gilbert Mcclellan 
James Fentoun George Gairdner Alexander L3Tidsey and James Ker and 
in October i™ vi" fiftie twa eftir the last electioun maid ciioyse of another 

1 See p. 309 supra. 



312 



EXTRACTS FROM THE RECORDS 



[Prisoners at 
Tynemouth.] 



committee for that effect viz. James EiUies William Shaw John Smyth 
Thomas Murrey John Reid David M<=GiU John Levingstoun George 
Cunynghame Alexander Dowglas Hendrie Robertsone John Wallace John 
Hamiltoun WiUiam Leitche John Meikle George Siiittie younger George 
Cleghorne and John Lawsone The counsell approves thah'of and ratifies 
the samen as good service done to the Toun and as ane ease supphe and 
help to the Magistratts in the matter of governement and ordaines the 
said committee to proceid thairin ay and quhUl they be discharged of their 
place and office be the Pro vest baUlies and counselh . . . 

8th April 1653. 

[A committee is appointed] to meitt with the presbytrie in the Assembly 
hous anent the disposall of the contributiomi money collected toward the 
reliefe and help of the prisoners at Timnouth Castle and elsquhair in 
England. 

[The accounts of James Gib, late treasurer of the Canongate, for 1651 to 1652 
show a charge of 1,055" and a discharge of 2,024" P. The next treasurer is to 
repay him the balance of 969" 1^.] 



[Water for 
brewing.] 



I5th April 1653. 

[The Council and extraordinary deacons order that M'' EUsha Francis be 
admitted burgess and gildbrother gratis, at the request of Judges Owen and 
Marshe.] 

20th April 1653. 

[Richard Weir, factor at Campvere, son of the late Thomas Weir, pewterer, 
is to be admitted burgess and gildbrother by right of his father. 

M'' Hemy Harper, merchant and Enghshman is to be received burgess and 
gildbrother gratis.] 

22nd April 1653. 

Ordaines proclamatioun . . . that noe brewers draw then" watter at 
the Touns commoun wells for brewing bot to caus leid the same fra the 
Biu-row loche. 

[The maltmen of Portsburgh having petitioned the Council for an easier 
admission for entrants, the Council appointed a committee to meet the baUie 
and inhabitants and report. The Committee report that until Michaelmas new 
maltmen shall pay 40" to the Council and 40" to the calUng, and, after Michaelmas, 
revert to the old rate, reserving hbertie to the old inhabitants of the barony 
who do petty brewing to pay 12^ to the baron baUie for the Town's use upon every 
chalder of malt they make. The Council agree to the report.] ^ 

' See p. 236 supra. 



OF THE BURGH OF EDINBURGH 313 

2%tJi Ajwil 1653. 



Ordaines the Provest and Baillies to subscrjrve a letter in answer to [Parliament of 
John Jossie liis missive anent his desyi-e how to behave liimselfe in this oissowed.) 
intervall of the vacancie of the Parliament of England. ... * 



2Wi April 1653. 

[The CouncU and extraordmary deacons being convened, tlie accounts of 
George LesUe, collector of the coal and candle money for the guard from June 
1652 to March 1653 show a charge of 1,001" 16« and a discharge of 1,430" 6^ S". 
The balance is to be allowed in his next accounts.] 

Taking to consideratioim the present revolatioun of affaires at Londoun continuatioun 
in the interval! betuix Parliamentis and finding it necessarie to continue commissioun 
WiUiam Thomsone in commissioun quhatever befall The counsell ordains 
[a] new commissioun to be drawen up and subscrjnrit in favours of the said 
William Tliomsone to the effect he may continue in his imployment for the 
Weill of the poor Toun. . . . 

[John Whaley, son of M^ Henry Whaley, Judge advocate, and Henry Quiet, 
servant of Judge Marche, and Thomas Foulis, servant of the Judge advocate, 
are to be admitted burgesses and gildbrethren gratis.] 

Taking to consideratioun the several! demands of the mesters of the severaii 
Hospitall at the fute of Leith wynd . . . First to fall uponn a way to bring concerning the 
the poor of the hospitall to a table Secondlie to buy twa milk kye for their 
use Thridhe for allowing of the expensis of the leveUing of the trenches 
betuix Leith and Edinburgh threw the arrable land and ditches at the 
dowcat Fom'thhe for mending of the twa ditches in the hie way ane betwix 
Leith and Cannogait and another betuix Leith and Restalrig quhilks ar 
not passable in fowl [weather] and occasiouns the corne land to be spoyled 
and tred doun on both syds to the prejudice of the tennents Fyftlie for 
warrand to the thesaurer to pay fyve hundreth thriescoir seven pund sex 
shilUng aught pemiyes of bygane amiuelrent preceiding Mertimes last at 
ten pund aughten shilUng sex pennyes weikhe quherby the said soume 
may be payit insensibUe in a yeirs tyme for the Touns ease and good of the 
poor quherof the thesaurer lies satisfied seven or eight merks alreddie 
And last to be milne frie at the commoun milnes in grinding of their qulieat 
payand as the baxters peyis And siklyke taking to consideratioun the 

' On 20th April Cromwell had dissolved the last sitting of the old Revolutionary 
Parliament. The Act of Union had not been passed by it. The commissioners remained in 
London till August. A letter from Lilburne to Cromwell of 3rd May expressed a desire that 
the latter might find a way to rid himself of the Scots commissioners for the Union " who 
are notoriously corrupt " and were hindering an agreement (Scotland and the Commonwealth, 
p. 136). 



314 



EXTRACTS FROM THE RECORDS 



Ordor letter 
Cromwell. 



report made be [the committee] thairanent the counsel] agries that the 
table continue as it is till Lambes The milk kye be boght payand for the 
grasse if it be found belonging to the Toun The expensis of the levelling of 
the trenches be allowed The thesaurer pay the forsaid annuelrent as said 
is And that they be [milne] frie at the mihie as the baxters for grinding 
of their ciuheat And ordaines the twa ditches to be mendit and the compt 
of the exiDensis to be gevin in to the counsell that they may consider upoun 
and allow the same accordiirglie. 

2nd May 1653. 

Ordaines the Provest baillies dean of gild and thesaurer to drawe up 
and subscryre a letter and direct the same to his Excellence Generall