EXTEACT S FROM THE COUNCIL REGISTER OF THE BURGH OF ABERDEEN 1625-1642. EDINBURGH: PRINTED FOR THE SCOTTISH BURGH RECORDS SOCIETY. MDCCCLXXI. VFORD AND M'CABE, PRINTERS, 15 QUEEN STREET, TABLE OF CONTENTS. THE EDITOR'S PREFACE, vii CONTENTS, xiii EXTRACTS FROM THE COUNCIL REGISTER OF THE BURGH OF ABERDEEN, 1 INDEX . . . . . . . . ... 295 PEEF ACE. The Records of the Burgh of Aberdeen are fuller and more complete than those of any other of our Scottish towns, while they commence at a far earlier period. A fragment of the Burgh Court Records is dated in 1317, and from the year 1397 the seiies is all but complete to the present time. Selections from these have been printed for the Spalding Club, in two volumes, which come down to the end of the reign of James VI. In these the Burgh is exhibited in many dif- ferent aspects, as in its internal government, its relations with other communities, and with the surroimding feudal barons — in its religious and educational institutions, its sports and pageants — its regulations about trade — and in its attitude of unbounded hospi- tality to guests of all ranks. They furnish many picturesque illustrations of the manners and condition of every class, and viii PREFACE. of the results of the great ecclesiastical changes of the sixteenth century. The selections .in the volume now printed for the Burgh Record Society, embrace the period from the accession of Charles I. to the end of the year 1642. We may see from these how tenaciously the citizens still clung to many old customs, and how persistent were the attempts of their rulers to improve them, by enforced religious observances, among which were daily catechisings in Church. These were to be attended by all persons, including masters and mistresses of families, under pecuniary penalties (p. 49). Morning and evening prayers were daily read in the Greyfriar Kirk, but attendance on these does not appear to have been compulsory (p. C2). At the beginning of the volume several entries occur regulat- ing the wapinscha wings and musters then in fashion, which repre- sent the volunteer system of the present day. The feelings of national insecurity which were recently so strong among ourselves, are depicted in a statement submitted to the magistrates by one of the citizens, of the " combustioun, bruttes and rumores of warres, and forane preparatio'unes throchout Christendome," although his apt use of that wyse saying of King Solomon, FcbUx ilia civitas quce tempore pads prouidet helium, might not have occurred so readily to a remonstrant of the present day. % TREFACE. ix We may see also in the arrangements for bealfires, in case of invasion, the substitute for tlie telegraphs of our time (17), and the anxious provisions for a supply of pure water for the burgh, " frome one spring near the toun," furnish curious matter of com- parison with the demands of modern times, which, in the case of Aberdeen, could only be met by the introduction to the town of the waters of the Dee (p. 55). Several entries illustrate the connection which subsisted be- tween the civic rulers and the schools of the burgh, and others give evidence of the regard in which they held such learned teachers as the grammarian Wedderburne, who was master of the Grammar School (pp. 26, 35, 50, 99). ; There is a grotesqueness (continued from earlier times) in their forms of public rejoicing, — as in the " Solemnitie to be usit for the Queenes happie and comfortable delyuerie of a sone." By order of the maoistrates, the town was to be warned " be sound of trumpet at the mercat croce ... to assemble thamselffis this efternoone in thair paroche kirk, and thair to give most humble and hartie thankis to God for hir Majesties happie delyuerie of a sone ; and efter ending of sermone, ordaines bonefyires to be put on throw all the streittes of the toune, the haiU bellis to ring, the croce to be deckit and hung, a taffill to be coverit thairat, twa peice of wyne, ane quhyit and the uther clairat, to be run thairat, and given to all that pleasses call for the same, the sugar and 1 b X - PREFACE. spyce to be brocht tliither in great abundance, a number of glasses to be cassin, the tounes haill great ordinance to be sliott, and all the youthes of the toune to tak thair muskattis and accompanye thair magistrattis throw the streittes of the toun in singing psalmes and praising God ; thau^efter to pas the tyme in shuitting thair muskattis all the nicht ower at thair plesour, and all godlie merrinese and pastyme usit that may expres the joy and gladnes of the hartis of the people " (p. 28). The day on which the king " did resaive the crown of this his ancient kingdome of Scotland at Halirudehous," was appointed to be observed with like solemnities (p. 60). Many earlier ordinances against the use of plaids by women had been fulminated ; but still the " incivil forme of behauiour" was maintained by " many women of this burghe of gude qualitie, wha resortis both to kirk and mercat with thair plaidis about thair heidis." Intimation was ordered to be made from the pulpits, that in case of their persisting in this custom, " not onlie sail thair plaidis be shamfullie markit with a tar stick to thair disgrace, but lyikwayis confiscat and takin frome thame" (p. 59). Many acts of kindness from the magistrates to the clergymen of the burgh are recorded in the earlier volumes. Thus, in 1 5 GO, Mr Adam Heriot, the first minister of the new religion, was presented with " ane garment and haill stand of clay this ; " and on the departure of Dr William Forbes, one of the city clergy, to fill a PREFACE. xi pastoral charge in Edinburgh in 1622, he got a parting banquet, while his wife was presented with " wyne, sugar, and tobacco," In a few years Dr Forbes returned to Aberdeen, and in 1633 he was " written for be the archbishope to teache befoir the Kingis Majestie," when his travelling charges were defrayed by his patrons. Shortly afterwards he was nominated to fill the newly established See of Edinburgh ; and on his finally leaving Aberdeen, he received a grand entertainment, the magistrates giving him a convoy to the Crabstane, and pledging him in a parting cup of Bon accord. They also sent commissioners to Edinburgh to represent the burgh, and to " congratulate the bishop's consecra- tion" (p. 63). Other entries in the present volume will be found to illustrate the views of the period on the subject of trade, royal interferences with burgh elections, and the disorders of the " licht horsemen " of the name of Gordon, while others are valuable for their notices of pubhc men, such as George Jamesone, the celebrated painter ; but the greater number relate to the town's share in the political troubles of the day, beginning with its refusal to subscribe the Covenant, followed up by the miseries, sieges, quarterings, and exactions, which ensued. On two occasions did the Marquis of Montrose take possession of Aberdeen, with the view of compelling the adherence of the citizens to the Covenant ; and a third time he besieged the town with the view of punishing its inhabitants for xii TREFACE. their support of the principles which he had compelled them to adopt. Such notices bring home to us more vividly than any general description, the conflicts and miseries of the time ; while they are mixed with others, which show how, amid these pubHc broils, the details of domestic and civic life were acted out. On these, ho\v- ever, it is unnecessary to enlarge, as the table of contents, prefixed to the volume, will direct the reader to them in detail. It only remains that I should record my obligations to Mr John Grant Leslie, Sherifi'-Clerk Depute of Aberdeenshire, for undertaking the task of collating doubtful passages in the manuscript with the original Record. JOHN STUAKT. Edinburgh, October 187!. TABLE OF CONTENTS. PAGE 1625, Nov. 31. Statute anent the kcping of the sermoiies, ... 1 Dec. 28. The Towues vapiiischaw, ..... 2 1626, Jan. 18. Ane capitanc chosiu to train vp the nichtbouies of the touu in niilitarie discipline, ..... 3 ]Mar. 15. Ane watche appoynted, ...... 4 22. Ordinance to the Deane of Gild, ..... 5 The nichtboures of the toun ordanit to fiuneis thame seLffes with sufficient armour, ..... ft June 14. ComniissiouQ for buying of armour, .... 6 July 6. Ordinance to Andio Meldrome, ..... 6 Aug. 9. Licence granted to some nichtboures to inclose a pairt of St Katherines Hill, ...... 7 29. Anent the tumultis maid be INIacky his souldiours, . , 8 Oct. 11. Act aganes superfluous banqueting, .... 9 18. Johne Urrey chosin Dreill Maister, .... 10 1627, Jan. 3. The Townes bakhous in the College to be repared, . . 11 April 4. Persons nominatt to be commanderes at the Wapiushaw vnder the IMagistrattis, . . . . . .11 11. The Townes Wapinschaw, ..... 12 25. Answer to the Toun of Edinburghis missive, ... 12 May 9. Visitouris of the Schoolles, ..... 14 16. V. merkis moi-tifeit to ane doctour in the grammer schoole, . 15 Aug. 14. Anent the arryving of Spanyeardis in Zetland, ... 16 22 Two fyre bittis to be erected be the toun, . . . 17 Oct. 10. All doggis within the toun to be slayne, .... 18 1628, Feb. 13. AVedderburne, Howatt, ...... 19 July 23. Fraser chosin ane of the doctouris of the grammer schoole, . 20 Nov. 26. Statute anent the dcmolisheing of choppis, ... 21 Dec. 17. Conunissiouu for apprehending Jesuittis seminarie and mess preistis, and excommnnicat Papists .... 22 1629, Feb. 18. Ordinance for bigging of the Tollniith steipill, ... 24 April 1. Twa siluer coupis giuenbe Inglis for serving at the communioun tabilUs, ...... 24 XIV TABLE OF CONTENTS. PAOB 1629, April 8. The maister of grammer schuill discliairget frome tacking of bent silver, ....... 25 July 17. Magistrates. Iluntar. Anent the yron wark of the Tolbuith steiple, 25 Sept. 22. Councell. Weelderburne, ..... 26 Oct. 28. Visitouris appointit for the schooles, .... 26 1630, April 13. Solemnitie to be usit at the buriall of the Laird of Drum, . 26 May 26. Ordinance for bigging a loft iu the auld kirk for the College, . 27 Ordinance to the maister of kirk wark for payment of the saci-istares stipend, ...... 27 June 4. Solemnitie to be usit for the Queenes delyuerie of a yong sone, . 28 9. Anent apprehending of witches, ..... 29 July 14. Anent the new grammer of Mr Alex. Hume, ... 29 28. Clialmer admittit doctour of the grammer schoole in place of Eraser, 30 Oct. 21. The Gild brethrenis answer and advyse concerning the bushefisheing, 31 Dec. 1. Ordinance to the thesaurer in favour of Wedderburne, . . 32 XI lib of fie granted to Mailing for rewlingthe tonnes clokes, . 32 1G31, Mar. 9. Ordinance of Counsall in fauouris of the Bedallis of the Towncs hospitale, ....... 33 30. Ordinance to the Thesaurer in favoris of Wedderburne, . 35 May 4. Ordinance againis scholares repairing to lyik walkis, . . 35 June 22. Anent the plantatione of the kirk of Futtie, ... 36 Sept. 11. Oi'dinance to the Thesaurer, ..... 36 14. A Bybill given be Henry to the hospitall, ... 37 Oct. 5. Statute anent the bcgiuing of the mercattis, ... 37 Ratificatioune of the auld statutes, .... 37 12. Ordinance for bigging of a fleshous, .... 38 Statute againis flesliouris, ..... 38 Nov. 2. Ordinance to the Thesaurer, ..... 39 Dec. 21. Ordinance to the Dcane of Gild, ..... 39 Ordinance in fauores of ]\Ieluill, ..... 39 1032, Jan. 25. Ordinance to the maister of kirk wark, .... 39 Feb. 8. Ordinance for ringing of bellis at nyne houris at evin, and fyue houris in the morning, ..... 40 Contract betwixt the Towne of Aberdein and Mr Robert Douny, Bibliothecar, ....... 40 29. Ordinance in fauouris of the kirk sacristar, ... 45 April 11. Ordinance to the M? of kirk wark, ^ ... 46 June 13. Ordinance againis foirstairis and clioppis, ... 47 Anent the admitting of burgesses, .... 47 Ordinance to the dcane of gild concerning clwandis and measouris, 48 20. Anent the daylie catocheising, ..... 48 Aug. 15. Coupares suorne anent the birning of salmound, . . . 49 Anent the bying of fir and peites, .... 49 TABLE OF CONTENTS. XV PAGR 1632, Sept. 12. Anent the erecting of fontanes, ..... 60 Aueiit Wedderburnes new giammer, .... 50 19. The tonnes consent anent the erecting of fontanes, . . 51 Willox appoiutit keepeir of the clok and ringar of the common bell, 51 Support grautit be the counsall to the craftis hosf)itall, . . 52 Oct. 3. Ordinance anent the repairing of the calsies of Month Cowye, . 53 17. Ordinance anent the begynning of the fleshe, nieill, and malt mercattis, ....... 64 Nov. 7. Ordinance to the Deane of Gild, ..... 54 1633, Jan. 9. Ratificatioune of the act maid anent snperfluous banqueting, . 54 23. Dischairgc be the Counsall to Jamesoue, . . .55 Feb. 20. Act of his Maiesties Privie Counsell anent the fontanes, . 65 May 15. Act discharging wemen to wear playdis about thair heiddis, . 58 29. Licence grautit to the principall and regeutis of the Kingis Colledge, 59 June 4. Grant for printing a poesie, ..... 69 4. Ordinance to the Tliessaurar, . . . . .60 19. Ordinance to the Tliessaurar, ..... 60 Solemnitie of the Kingis Maiesties coronatioune, . ■ . 60 Aug. 14. A wapinschaw indicted, ...... 61 Anent glassing the wyndoes of the Grayfrier kirk, . . 61 Oct. 2. Ordinance to the Mr of kirk wark, .... 62 Nov. 20. The doctouris of the grammer schoole ar to obey the maisters directioun iu thar doctrine and discipline, ... 63 Dec. 4. Doctor Forbes' expenses to Ediu. to be paid, ... 63 11. Anent chambers to be built for students in the College, . . 63 1634, Feb. 12. Lord Keythe ; Irwingis contra ISIeldrum, ... 64 Mar. 12. Ordinance anent burgesses for making of thair residence, . 66 26. llatificatiouu of the act againis mastishe and cur doggis, . 66 April 2. Ordinance anent the casting of the praj^er bell, ... 67 Aug. 6. Support to the Colledge of auld Aberdeine, ... 67 13. Act of Ijordis of Privie Counsall for support of the jjeople of Cathnes and Orkney in this calamitous tyme of darth and famine, ....... 67 Oct. 20. Comissionars nominat to deal with Doctor Johne Forbes to accept upoun him the function of the ministrie within this burghe, ........ 69 Nov. 19. A hearse given be Mr Thos. Gray to the new kirk, . . 69 Dec. 17. Anent the charge gewin to the toun for rysing in armes againes the licht horsemen, ...... 70 1635, Jan. 14. The Kingis Maiesties letter preseutit to the counsell, . . 70 Feb. 11. Ordinance to the Mr of kirkwark, .... 72 Mar. 26. Missive from his Maiestie, ..... 73 April 8. Ordinance to the dean of gild anent the Bishopis buriall, . 74 xvi TABLE OF CONTENTS. PAGE 1G35, May 13. Licence grantit to Jamcsoune, ..... 74 June 3. Colinsone and lloss cliosiu commissionaris anent the Bishop of Aberdeine's transplautatioiuie, . . . . . 76 Anent our nichtboures sumniondit for concealled moneyis, . 77 Statute anent the playding packed in the tounes packhous, . 77 Taxt Roll of the burrowis, . ..... 78 Aug. 9. Licience for ane Frensche schoole, . . . . 80 Sept. 23. Deserting of the ordinar dyett off election, ... 80 Oct. 7. Charge for macking election of the new councell and niagi- strattis, &c. . . . . . . .83 Nov. 4. Ordinance againis the carying of blind bowattis on the streittis, 88 Money collected for the ministers of the Palatinate to be lent for the use of the minister at Futtie, .... 88 18. Anent a lodging for the Bishop, ..... 89 1636, Feb. 5. Decreit Lordis of Privie Councell anent the election of the magi- strattis and councell for this yeir, &c., ... 89 24. Andro Melville adniittit maister of the niusick schoole, . . 96 Mar. 16. Anderson appoynted to tak order with layeris of fuilzie on the streittis, . ... . . . .97 Straquhyne, Straitton, dischargit of keping schoolles, . . 98 April 27. Ane edict to be served for ane doctour to the grammer school, . 98 June 29. Boyd admittit ane of the doctouris of the grammer schoole, . 98 July 20. Gratitude to Wedderburne, ..... 99 Oct. 5. Ane watche appoynted, ...... 99 Theasurer, Brastounes, ...... 100 The craftis consent to be taxt with the brethrene of gUd for tuo thousand merkis to by a tenement for ane correction hous, . 100 Nov. 9. Ane piller to be erected at Petniedden, .... 102 Dec. 14. Ane loft to be biggit in the Grayfrere kirk for the magistrattis and councell, . . . ■ . . . . 102 Eeport of Commissioner sent to a meeting of the burrowcs, . 102 21. Ratification of the act aganes superfluous banqueting, . . 105 1637, Feb. 1. Discharge Luniysdcn of his commission anent the licht horsemen, 105 8. Contract betwixt the toun and the conipartinaris of the wark of the correction hous, ...... 106 22. Act aganes forstalleris of the timber mercat, . . . 112 Mar. 15. Anent the chappell of Futtie, ..... 113 April 12. Charge for removing of middingis aff the streittis and commoun passages about the toun, ..... 115 June 14. Lummisden, his discharge of his commission, . . . 115 21. Mortimer chosin commissionar anent the licht horsemen, . 116 Coats to be given to the officiares, .... 117 July 26. Tapstaris of drinck, mariueris, ..... 117 TABLE OF CONTENTS. xvii PAGE 1G37, Aug. 19. Report of commissionar aneiit the licht horsemen, . . 118* Discharge to the tomi of thair fyiie for tiie licht horsemen, . 119 Sept. 13. A voluutarie contribution to be vplifted for helping to ransom some inhabitants of the toun of Air from their captivitie with the Turkis, ....... 120 Iniunction to the sacristar auent the furneshing off candill to the kirk, ....... 121 1G38, Jan. 3. Anent the doctoris of the grammer schoole, . . . 122 Statute anent lyke wakes, . . . . . .123 31. Contribution to the captives of the burgh of Air, . . 123 Mar. 21. The lecture of the mathematics to be in a four yeires course, . 124 April 11. Acquittance toun of Air on the ressett of our contribution for releiff of thair captives, ..... 124 25. Missive from his Maiestie, . . . . . 124 May 16. Anent the sale of wyne, aill, or bier, .... 12.5 23. Deacones of craftes convict for convocating thair craftis in armes, 125 July 4. A held of steine wark for livering and loadning ships, . . 127 16. The councellis refusall as of befoir to subscrywe the covenant, . 128 24. Anent the escaping of Alexr. Kcyth out of ward, . . 130 Sleick, officier committit to waird, .... 131 25. Comniissioun to be procured for searching and apprehending of Alexr. Keyth, ...... 131 Aug. 8. A wapinschaw indicted, ...... 132 15. The baillies appoynted to mak chois of cafiitancs and commanders at the wapinschaw, ...... 133 A missive frome his sacred Maiestie, .... 133 Missive frome the Marquis of Hammiltoune, . . . 134 Sept. 26. A missive from his Majestic, ..... 134 Oct. 5. Exhibition be the Marquis of Iluntly of his Maiesties declaration anent the annulling of the service book, . . . 136 8. Discharging of the trayned band, .... 137 The tonnes consent to subscrywe the Confession of Faith and generall band appoynted be his Maiestie to be subscrywed be all his lieges, ...... 137 10. Statute anent the keping of sermones, .... 139 31. The haill inhabitants of the toun, fensibill persones, to be trayned vp in militarie exercise, .... 140 Nov. 5. Petition anent the directing of ane commissioner to the General Assembly, ....... 141 7. Anent the Generall Assemblie, ..... 143 1639, Jan. 2. Ijcslie chosin commissionar anent Alexr. Keyth, . . . 144 5. Anent the actiones intentit aganes the magistrats be the creditoris of Alexr. Keyth, ...... 144 1 c xviii TABLE OF CONTENTS. PAOB 1639, Jan. IG. Overtures proponit to the brethrene of gild and craftis for defence of tlie toun, ...... 145 26. Chusing of councell of warr, capitanes, and vnder officieris, . 147 Mar. 4. Councell, Gordoun, ...... 148 The toun to be fortifeit, ...... 149 15. Consent brethrene of gild and craftismen tofortifie the toun, and to by muskats and pickis, ..... 149 16. The deane of gild and thesaurar ordanit to giwe thair band to the IMarquis of Huntly for the nmskattis and pickis, . 150 20. Anent the tounes evidentis and registeris, . . . 151 Kirk moneyes to be lent to the toun, .... 151 Commissionares direct to the nobilitie of the covenant, . . 151 Thesaurar, deane of gild, ...... 152 25. Commissionares direct of new agane to the nobilitie, . . 152 28. The Erie of Montrois answer to oure commissiouaris proposi- tiones, ....... 153 The towncs capitanes quyttcd thair charge, . . . 154 Entrie of the first armie, ...... 154 April 2. Charge gewin be the nobilitie to the toun, . . . 155 3. The toun chargit to subscry we the covenant, . . .156 9. A new charge gewin be the nobilitie to the toun, with thair answer thairto, ...... 156 10. The townes subscription of the covenant, . . . 157 15. Hay, Farquhar, Moreson, appoynted be the nobilitie to go coni- niissiouares to Edinburgh, ..... 157 Protestatioun Willeame Erskyne for himselff, and in name of the auld covenanters, ...... 158 17. Compt of Andro Burnet, thesaurar, his debursementis to capi- tanes and others of the armie, . . . .159 20. !Moir chosin commissionar to meitt at Monymusk, . . 159 The townes consent to send fourscoir men to Monymusk, . 160 A watche appoynted, ...... 160 ;May 6. Thesaurar, Farquhar, ...... 160 A letter frome the taibles to send the fourt man to the Bound rod, 161 10. The tounes answer lo the nobilities letter, . . . 161 13. The townes refusall to lend thair cannon, . . . 163 The tounes answer to the letter direct to thame from the Lord Fraser and Maister of Forbes, .... 164 16. The townes answer to the Laird of Banff and his associattis anent thair demand of frie quarteris to thair soiouris, . . 164 27. Ten thousand merkis imposit vpoun the toun for the Geuerall and remanent nobilitie of the present armie, . . 166 28. The toun disarmed, ...... 167 TABLE OF CONTENTS. xix PAGE 1639, May 29. A note vpoiin the payment be the toun of ten thousand meikis imposed vpon thame be the nobilitie, . . . 1G8 The towncs tuelff peice of cannon, with pulder and ball mellit with be the Erie of ]Moutrois, .... 109 June 7. The townes answer to the remonstrance made to thame be thair foure commissionares that wer send to Edinburgh be appoyntment of the nobillmen, .... 109 10. The townes testimonie and approbation gewin to Mr Alex. Jaffray, thair prowest, of his dutifuU and gude careage in his office, ....... 171 14. The townes disassentiug that thair commissionares re-enter in ward, or that the fyues imposed vpoun thame and some other nichtbouris be payed, ..... 172 The touue chargit to marche in armes with the Lord Aboyne, . 173 The watche appoyuted, ...... 173 17. The Lord Aboyne, his demand of the toun for intertenement of his armie, and the townes answer, .... 174 20. The toune to be convenit, and his Maiesties letter to be intimat to thame, . . . . . . .175 Charge for restoring of plundered goods, . . . 176 Ordinance to the Theasurar, ..... 176 28. The Kings Maiesties letter manifesting the peace, . . 176 The tounes consent to contribute for frieing of thair magistrattis of the sevin thowsand merkis gewin to the nobillmen at the intacking of the Brig of Dee, .... 178 Gray and Chalmer chosin commissionares to go to his Maiestie at Bervick, ....... 178 July 2. A letter of the Erll Marshallis intimat to the toun, . . 179 11. The townes ans\\'er to the demand made to thame for imposing a taxatioun for payment of a pairt of the quartering moneyes, 180 17. Anent the entrie of tenentis to tempill laudis and abbottis landis, 180 24. Discharge be Wedderburne and PauU, of thair quartering moneyis, 181 31. Thesaurar, Farquhar, ...... 181 The councellis obleisment of thame and thair successoures to releive the present prowest, baillies, deane of gild, and thesaurar, of the moneyis gewin to the nobillmen, . . 182 A missive to be direct to the toun of Edinburgh for excusing our absence from the Generall Assemblie, . . . 182 Blakhall to be presewit for selling of bear and malt at Newcastle, 183 Aug. 7. Forbes chosin commissiouar to the Generall Assemblie, . . 183 7. Discharge be Gray and Chalmer of thair connnissioun to his Maiestie, ....... 184 14. Jaffray chosin commissiouar to the Parliament, . . . 186 XX TABLE OF CONTENTS. PAGE 1G39, Sept. 4. Ordinance to tlie deane of gild and thesaurar, . . . 187 11. Ordinance to the deane of gild, . . . . . 187 Debts contracted be the toune in the late trubles, . . 187 Oct. 11. Act discharging the holding of any kynd of mercat on the Sabbath day, ....... 189 23. Anent the timber mercat, ...... 189 A bell to be rung for convening and disolving of the schooUes at thair ordiuarie houres, ..... 190 Nov. 20. Anent keiping of sermones, ..... 190 Anent keiping of the streittis clene, . . . .191 Hyrers of horses, ....... 191 Katification of sundry acts, ..... 192 27. Moreson appoynted to tak ane accompt off muskattis and pickis, 192 Dec. 19. Letter from the nobillmen at south f or interteneing of some com- manderis till the spring, ..... 193 Suspension to be raised of the charge gewin to the toun for pay- ment of the armes receawed be thame f rome the Marquis of Huntly, ....... 195 1640, Jan. 1. Jaffray chosin commissionar to Edinburgh, . . . 196 8. Anent the ressett of strangeris, and no houssis to be sett to excommvnicat papistis, ..... 196 10. Suspension to be raised of the charges for the Marquis of Iluntlyes armour, ...... 196 15. Psalms to be sung daily at evening as well as morning service, . 198 29. Jaffray, his discharge of his commissioun, . . . 198 Legacie, Mr llobert Johnstoun to the toun of Aberdeine, . 199 Feb. 5. Anent the Generall Band of Heleiff, . . . .200 Instructiones anent the Band of Releiff, .... 200 The Generall Band, ...... 203 11. The toun convenit, . . . . . .206 14. The townes answer anent the subscryviug of the Generall Band of Releiff, and other particulares demandit of thame, . 206 18. Imprecations against the covenanters, .... 207 19. Act anent Rob, calseymacker, ..... 208 Mar. 11. Deane of Gild appoynted to advance vjc merkis to Lieutenant Colonell Forbes, . . . . . .208 April 8. Jaffray chosin commissionar to a meitting of the nobilitie and estates at Edinburgh, ..... 209 9. Chusiug of taxtares for stenting the toun for payment of thair tent partis conforme to the Generall Band, . . . 209 15. 1000 merkis advancit to Lieutenant Colonell Forbes, . . 211 Isobel Blak to be joggit, ...... 212 22. Licence gewin to Rob anent the bigging of the steppis of his stair, 212 TABLE OF CONTENTS. xxi PAGE 1640, May 5. Helen Mearns convict, ...... 213 6. Jaffiayes discharge of his commissioun, .... 214 Instructioiies for commanderis and soiouris, . . . 214 Ordinance anent Johne Leith of Harthill, . . . 217 12. Straquhyn convict of dinging Beith, .... 218 Patersones convict, ...... 218 27. Commissionar chosin to the Parliament, .... 219 Precept from the committe anent silver and goldsmith wark, • . 221 Charge to the toune to meitt the Erie Marshall at the Brig of Dee in armes, ...... 222 29. The toun convenit for subscryving the articles presented to thame be the Earle Marshall and Generall Maior Minro, . 222 June 10. Warrandis from Generall Maior Monro anent the souldiouris of his regiment, ....... 225 17. Lummisdaue chosin cormnissionar to the Generall Conventioun of Burrowes, ....... 227 • The Grayfreir Kirk to be repared for the Generall Assemblie, . 227 July 8. Dimissioun Wedderburne of his office of maister of the grammer schoole ....... 227 15. Chalmer admittit maister of the grammer schoole, . . 228 Contract betwixt the toun and Mr Thomas Chalmer, maister of thair grammer schoole, ..... 229 Pension to Wedderburne, . . . . .231 22. Leslie and Jaliray chosin commissionares to Generall Assemblie, 232 A guard at the Assemblie, ..... 232 Lumisdanes discharge of his commission at the Convention of Burrowes, ....... 233 Charge that nane of the inhabitantis remowe out of the toune, . 233 Letteris to be direct to the moderatoris of Presbyteries for send- ing in vivares for the Generall Assemblie, . . . 234 Aug. 3. The prayers to be red in the Grayfrier Kirk, . . . 235 Mr Andro Cant chosin ane of the Townes Ministers, . . 235 12. Jaffray chosin commissionar to the Committee of Estate, . 236 A company of soiouris to be levied to the Erll Marishall for the publict service of the cuntrie, . . . . 236 19. These that removed out of the toun when the Tonnes Company wes tacking wp to be depryvit of thair fredome, . . 238 Warrant to Mr Robert Farquhar for the moneyes advancit be him for shoes and hardin to Monroes soiouris and for fourtie dayes Lone to the Townes Company, . . . 238 Sept. 9. Hay, Aidy, chossin commissionares to Invernes, . . . 239 11. Christen Brow convict, ...... 240 23. Names of the provost, baillies, and councell, . . . 240 xxii TABLE OF CONTENTS. PARS 1640, Sept. 23. A nightly watche appointed, ..... 241 Oct. 3. Searche to be maid for runawayes, . . . . 241 7. Dr Wm. Guild chosen to be Principal of the King's College, . 242 14. The bell of the grammer schoole lent to Doctor Guild, . . 243 22. The toun and the Lord Sinclare, anent the quartering of his soiours, 243 23. George Ross convict, ...... 244 28. Moir chosia commissionar to the Committie of Estate, . . 245 Nov. 11. Patrick Leslie chosin commissionar to the Parliament and to a meitting of the burrowis, ..... 246 12. Act of the committee of estates of Parliament anent the pryces of schooes, boottes, hyddis, and tanning of leather, . . 248 Dec. 2. Patrick Stewart depryved of his place in the Gild Bretherenes Hospitall, ....... 251 16. Yoole vacance dischairgit, ..... 262 23. Leslye his discharge of his commission at the Parliament and meitting of the burrowis, ..... 252 1641, Jan. 6. Iniunctions to the kirk sacristar, ..... 253 Feb. 17. Act aganes abstracteris of thair corncs from the tonnes mylnes, 255 Mar. 17. Hay and his servantis pickiemen at the tounes mylnes convict, . 255 Ordinance of councell aganes servantis gewares of any more nor the dew multure and knaveeship for grinding of thair maisteris malt, and aganes pickiemen exacteris o'f more nor thair due, ....... 256 19. Vulgine and Bellie convict, ..... 256 25. Election of Mr George Gilespie minister, . . . 257 31. Mr Andro Cant resavit as ane of the ministers, . . . 257 April 7. Deane of Gild, calsiemacker, ..... 258 28. llatification of the Act maid anent the entrie of tenentis to Tempill Landis and Abbottis Landis, . . . 258 May 4. Sherar and Burnett convict, ..... 259 7. The tonus ratificatioun of the Act of counsell maid aganes persewcrs of actions befoir inferiour judges, . . 259 19. Act for dimolcshing the fauld biggit in the Linkis, . . 260 Restraint of careing sand fi'om Iledinishill, . . . 260 26. Statute anent the wool niercat, ..... 260 June 14. Act anent transporting of iDassengeris out of the cuntrie, . 261 15. Mariorie Jack convict, ...... 261 Andersone and Makie convict of usurping the rights of gild burgessis, ....... 262 16. Moreson admittet ane of the doctouris of the grammer schoole, . 262 23. James Peir convict of assaulting Crombie, . . . 263 July 6. Fraser convict of injuring Bessie Forbes, .... 264 ^Yatsone convict of dinging over Margaret Andro, . . 264 TABLE OF CONTENTS. xxiii PAOK 1G41, July 6. Robert Massie convict for putting hands on Wm. Gordon, . 204 7. Act discharging some abuses at Buriallis, . . . 265 9. Lord Siiiclare and the toun auent the billeting of his soiours, . 265 10. Intimatioun anent the soiours, ..... 260 12. The tonnes consent to quarter the Lord Sinclares soiouris for tuentie dayes, ...... 256 Aug. 3. Walker convict of injuring his master, .. . , . 267 James Alexander, convict, ..... 267 11. Band Farquhar to the nichtboris for quartering the Lord Sin- clares regiment, ...... 268 25. Commissioun to the prouest to petition his niajestie for some particulares in rcgaird of oure towues losses, . . 269 Sept. G. Alex. Cuming, convict, ...... 269 17. Anent two booths in the Hound Table, .... 270 Peter Crombie, convict, ...... 271 Oct. 6. Anent the buriallis in the kirkyard, .... 272 25. The old barrowes and pheasses to be comprysed and lent to the maisteris of the correction hous, .... 272 Nov. 20. Smith and Kemp, convict, ..... 272 30. Duncan convict, ....... 273 Gordon convict, ....... 273 Dec. 11. Sara Fowler convict, ...... 273 15. Thrie dayes play grantit to the scholares at the beginning of ilk quarter, ....... 274 22. Patent, Robert, Duke of Lennox to the toun, of the office of admiralitie within thair boundis, .... 274 1642, Jan. 6. Act anent the tounes mortclothes, .... 276 Feb. 11. Act for removing of the court de guard, .... 277 16. Commission to Farquhar, ...... 278 Lummisdane his discharge of his commission, . . . 278 The lectures and morning prayeris to be in the auld kirk, . 279 Mar. 16. Act aganes bannares and swearares, .... 279 30. Thesaurar appoynted collector of the pryces of muskattis and pickis, 281 The pheissis lent to the masters of the correctioun hous, . 282 April 6. Act againes prenteissis and wtheris sitting in daskis within the kirkis of this burghe, ...... 282 Ordinance to the maister of the kirk wark, . . . 283 Bonaccord coup gewin to the vse of the kirk, . . . 283 13. Anent the patronage of the kirk Sauct Nicolas, . . . 283 Act for ane taxatioun, ...... 284 22. Elspet Meldrume convict, ..... 285 May 4. Protestation Leslie, ...... 285 11. Licence to Dickson to vse his tred of macking gouff ballis, . 286 xxiv TABLE OF CONTENTS. PAGE May 27. David Philp convict, . . . . . • . 286 30. Bellie and Wilson convict, ..... 287 Aydie convict, ....... 287 June 8. Mure convict, ....... 287 15.- Lady Rothiemay bir mortification of ane thousand pundis for maintenance of ane maistres of schoole to bring vp young wemen, ....... 288 July 26. Donaldson convict, ...... 290 Aug. 12. Andro IVIowat convict, ...... 291 16. Smith, Hoode, and Kany convict, .... 291 Sept. 19. Philp and Fraser convict, ...... 291 30. Wm. Walker skipper oblist not to transport persons to forane countries, ....... 292 Oct. 5. Thesaurar collector of the muskat money, 292 19. Ordinance to bursars in the coUedge, .... 293 Nov. 23. An aid for repair of the colledge, .... 293 A weeklie lesson in Hebrew to be in the colledge, 293 Dec. 14. Swan admitet doctor of grammar school, .... 294 21. Act contra yoole day, ...... 294 Moreson to set caution, ...... 294 Erratum — Page 279 margin — For 1842 read 1642. EXTEACTS FROM THE RECORDS OF THE BURGH OF ABERDEEN. T 31 November 1625. 31 Nov. 1625. HE quliilk day the prouest, baillies, and coimsall, considering that the Statute • • • • ■ • tlDGnt tlic Lord's day is greatHe prophained and brockin within this burght, be ane keping of great many of the inhabitantes thereofF, in that some of thame uses J^i^one"' gainging and playing in the Hnkes and walking about the feildes, some of thame passes to tawernes and ailhonsses, and utheres remaines wilfullie at home within thair housses in tyme of sermon on the Sabboth day, als weill befou' as efter noone, to the great dishonom- of God and scandall of the Gospell ; for remeid quhairof it is statute and ordanit that quhatsumeuer inhabitant -within this burght shall be noted and fimd giltie heirefter in braking of the Lordis day be gaming or playing, walking about the feildes, passing to tavernes or ailhousses, or be wilfull remaining in thair housses in tym of sermon on the Sabboth day, ather befoir or efter noone, that thay sail pay the payne and unlaw of twentie shillinges toties quoties to the 1 A 2 EXTRACTS FROM THE [1625. 31 Nov. 1625. Statute anent the keping of the ser- mones. CoUectour of Kirk Session for help and releiff of the poore ; And in caice of refusall or inhabiHtie of any persone offending in the premisses to pay the penaltie foirsaid presentHe upoun thair apprehensioun or convictioun, efter lawful! tryall, to be punished in thair bodies be imprissonment, or efter sic uther maner as the magistrates shall injoyne, conforme to the tenor of his Majesties Actes of Parliament maid thairanent. 28 Dec. 1625. ThT Townes vapin- schaw. 28 December 1625. The quhilk day for obedience to the generall proclamatioun and charge giuen in to all his Majesties lieges, fensibill persones, alsweill to burgh as land within this kingdome, for giweing thair mustures and wapin- schawing, this twentie aucht of December instant, the prouest and baillies of this burgh causet convein be the tounes commoun drummer, all the inhabitantes of the toun, alsweill frie as unfrie, fensibill persones, at the mercat croce, in thair best armour, and thairfra merchet efter thair magistrates to the Linkes, quhair the rolles of the haill foiu- qiiarteres of the toun were callet, and notice takin of the armes careit be euerie man ; and thau-eftir the toune being rancket and put under commandement, the muscateres be thame selfFes, the pickmen be thame selffes, and these that careit two handet swordis being ranket about the toimes three ensengzeis, thay merchet all in ordour and rank in that pairt of the tounes linkes quhair the toune heirtofore hes euer beine in vse to mak than- mustures, to wit, in the principal! pairt of the linkes betwixt the first hole and the Quenis hole, and haveing merchet thair a certaine space, they than returned in order to the towne, and haueing marched diuerse and sundrie tymes in the Castleget round about both the croces, wer then dismissed be com- mand of the magistrates; and it is to be remembered that there mustered this day muskateres, and als many with pickes, speares, and crosboltes, and some sexteen with two handet swordis. Quhairof the Councell thinkes meitt that thaii- shall be giuen up to the Lordis of his Maiestie's Privie Counsall. 1626.] RECORDS OF THE BURGH OF ABERDEEN. 3 18 Jan. 18 January 1626. 1026. The said day anent the petitioun giuen in to the pi'oiiest, bailHes, and tMcchos/n cotmcell be George Johnstoun, younger, burges of this burgh, for him selfF, [j^^ and in name and behalff of such nichtbores and comburgesses of the toun as does assist and concur with him in the busines followeing, be the qviliilk militarie petitioun the said George humbhe desyres thair wisdomes wald be pleased *^'*^'P''°®- to tak to thair serious consideratioun that wyse saying of King Solomon, FcbUx ilia ciuitas quce tempore pads prouidet bellum, and the rather becaus albeit we haue long injoyed, and do yit still be the mercie of God injoy, ane happie pace ; yit the winnersall combustioun, bruttes and rumores of warres, and foran preparatiounes throchout Christendome, should waken ws out of our securitie, and stir ws wp to be wpon our gaird, and to prepair for the storme efter so long ane calme, that we may be in reddines alsweile for perseute as defens as his Maiesties seruice, and our awin particular necesseteis and occasiones shall present : The most graue and ancient of this citie ar sensible of our waiknes at the present, ather to defend or offend our enemeis, if it sould fall out (quhilk God forbid) that we war assaulted at unwarse be ane meir handfull : In such ane caice of necessitie it becomes all loyall and trew hearted subjectes, alswell in regard of than* alledgeance and bund deutie to their king and countrie, as for thair awin guid and saiftie, to be prepairing thame selffes with con- venient armoiir, both offensive and defensive, as lykwayes to be training wp and exercising thame selffes quhow to handle thair armes : And since ane great many of the nichtbores and inhabitantes of the toune ar willing to contribute of thair proper means for furnishing ane competent yeirlie pensioun to any qualefeit gentilman who hes borne charge at armes in the Low Countrie, that will tak wpon him to train wp in militarie discipline the nichtbores of the toune efter the ordour vseit in the Low Countreis, they humblie desyre the Councelles approbatioun thairto, and to mak choose of the persone quhome they think most fitting for the imployment, and they sail at thair awen charge, prouyd and contribute to gratifie him 4 EXTRACTS FROM THE [1626. 18 Jan. for his paines as at mair lenth. was contenit in the said petitioun ; quhilk — ' _ being red and considderit in Coimcell, and the new and auld counsallers tanecliosin hailing deliberatly aduysed and consulted thaii-wpoun, they allow of the the'Sclu-'' motioun as being both necessar and proffitable for the furtherance of his boures of Maiesties seruice, and for the guid and benefeit of the toun, and giues the toun in _ , ° ^ ° inilitiirie thair approbatioiui and consent thaii-vnto ; lykas for that effect they clisciphuc. |j^g^g^Q_^|jQ maid chooss and nominatioun of Capitane Arthure Forbes, quho is ane gentilman, that hes borne charge in the Low Countreis, and is accompted the most qualifeit and fitt for the busines of any in thir pairtes ; upon conditioun alvayes that the petitioner and his associattes satisfie him for his paines at thair awin proper charges, be ane voluntarie contributioun, to be collected amongst the nichtbours of the toun, such as they sail be pleased voluntarlie to condissend to, and no uther wayes, and with speciall conditioun also, that the said Capitane Arthiu-e Forbes shall haue no power to cans the nichtboures of the toune, or any of thame, lift armes in any peice of seruice whatsoeuei', without the express wairand and directioun of the prouest, baillies, and councell of this burgh for the tyme haid and obtenit thairto ; lykas wpoun thair warrand and dii-ectioun he shall be obleist to lead the nichtbom-es of the toune both in pace and war, and to pas wpon seruice sa oft as he shall be comandit be the magistrates and councell for the tyme, and no wther wayes. And the employment of the said Capitan Arthure in the seruice aboue specifeit to indure for the space of three yeii'es efter the dait heii'off allanerlie, and no longer. 15 March 15 March 1626. 1G26. Ane The samen day the prouest, baillies, and councell being informed appoynted. that the tounes of Edinburght and Leyht, and wther buiTowes in the south pairtes of this realme, hes ane nightlie watche be reasone of the imminent dainger whairin this haill kingdome standes of invasioune be forane enemeis, to witt, the King of Spain and his confederates : Thaii-foir 1626.] RECORDS OF THE BURGH OF ABERDEEN. 5 thinkes it meit and expedient that thair shall be also ane watche keipet 15 March in this biu-ght, and for that effect appoiutes that tuelflf persones shall — ' watche everie nicht, thairof sex at the Blokhoiis, and uther sex at the watche Castelliil], and gif any persone shall be absent from the watche, being '^PP^J'"^'^''- lawfiillie warnit thau-to, without ane lawfull exciiise, to incur the unlaw of ... to be payed to the tonnes use unforgiven. As lykwayes ordaines all the inhabitantes of this bin-ght, alsweill frie as unfrie fensible persones, to be charget be the drum passand throw the haill straits of the toune, to prepair and furnishe thame selfifes with sufficient armoiu-, alsweill offensive as defensive, within . . . dayes nixt efter the dait heiroff, as lykwayes to convein and assemble thame selffes in armes at the mercat croce of this burght als oft as any warning shall be maid to thame for that effect be the drum or be the common bell, be nicht or be day, and to follow thair magistrates as they sail be directed to any peice of seruice that shall occm*, under the pain of death. 22 March im. 22 jj,,,,, 1626. The samen day the councell ordaines Mr Mathow Lumysden, Qj.j'^jj^.g deane of gild, to deburse the soume of ane hundreth merks money to the D6ii-ii' . Commis- and contemning the ordouns and censures oi the kirk, and gives great sioun for occasioun of offence and scandall to the kirk and to the trew religioun f,en'(jjn„. presentlie professit within the kingdome : For remeid quhairof in tyme Jcsmttis comeing the Lordis of Secret Consall hes given and grantit, and he the and mess tenor heirof gives and grantis full powar and commissioun, expres bidding aliT and cliairge, to Patrik, Bishop of Aberdeine, and to the prouest, baillies, ^„°|^at and ministeris of Aberdeine within thair awin boundis, and within the Papists, boundis of the auld toune of Aberdeine, conuinctlle and seuerallie, to pas, searche, seik, and tak all and sindrie Jesuittis, seminarye and mess preistis, and excommunicat papistis lyand at the home, banting, frequent- ing, and repairing within the said bm'ghe of Aberdene and auld toune thairof, and to committ thame to ward within the tolbuthe of Aberdeine, and to deteane thame thairin upoun thair awin expensses, ay and quhill thay resaive directioun frome the saidis Lordis concernmg thame, with power lykwayis to the saidis bishop, prouest, baillies, and ministeris to try and informe thame selffis, quhen, quher, and be whome thir unlauchfull con- venticles and meitingis ar keipit and holdin within the said burght of Aberdeine and auld toune thairof; and accordinglie to searche, seik, tak, and apprehend all sic persones who keipis the said unlauchfull conventicles and meitingis, and the awnares and maisteris of housses quhair they ar keipit, and to committ and deteane thame in ward in maner foirsaid : And for the better executioun of this commissioun, with powar to thame to convocat the inhabitantes of the said burght and auld toun sa oft as neid beis in armes, and to mak oppin durris and use his Majesties keyis, and to dorse and performe all and ewerie uther thing quhilk may tend to the executioun of this commissioun, firme and stabill haveand and for to haulde, all and quhatsumeuir thingis salbe laufullie done thairin ; chairgeing and commanding heirby all and sindrie the inhabitantis within the said burght, and utheris his Majesties subiectis whome it may concerne to reuerence, acknawledge, and obey, concur, fortifie, and assist the saidis 24 EXTRACTS FROM THE [1628—1629. 17 Dec. 1C28. Commif!- sioun for appre- hending Jesuittis seniinarie, and mess preistis, and excom- niunicat Papists. commissionares conunctlie and seuerallie in all thingis tending to the exe- cutiotin of this commissioun ; and for this effect to pnt thameselflfes in armes and battens, and awate upoune the saidis commissionares. . . Cliairgeing and commanding lykwayes the said Bishop of Aberdeine, pronest, baillies, and ministeris thairof, that they and eurie ane of thame have a speciall caii- and regaii-d to cans diligent attendence be given that naine of thir Jesuittis, seminarie and mess priestis, nor na excommunicat and rebellious traffecqueing papistis be sufferit to hawe resset or beild within the said burght or auld toune thairof, and that na unlauchfull con- venticle nor melting be keipit within the said boundis . . . and suffer not thair toune to be infectit nor sclanderit with the just imputatioun of suche crymes. . . • 18 Feb. 1629. Ordinance for bigg- ing of the Tol- buith steipill. 18 February 1629. The samen day the prouest, baillies, and counsall thinkis it expedient that the pricket of the Tolbuith steipill salbe biggit and perfyted in all convenient diligence ; and that aikin tymber salbe provydit and bocht to that efiect quhairevir the same maybe hed, and ordaiues the tounes thesaurer to furneis moneyes for bying of the said tymber, quhilk salbe allowit to him in his comptis. 1 April 1629. Twa siluer coupis giuen be Inglis for serving at the com- munioun tabillis. 1 April 1629. The quhilk day in presens of the prouest, baillies, and counsel), convenit in the counselhous, compeirit PauU Inglis, merchand burges of Aberdeine, and gave in and presentit unto thame twa siluer coupis of tuantie ane vnces weyght, quhilk he fi-elie gives and dedecattis to St Nicolas paroche kirk of this burghe for serveing at the Lordis tabill the tyme of the ministratioun of the holy communioun in all tyme comeing: Quhilkis two couppis the saidis prouest, baillies, and counsall accepted, render- ing thankis to the giver for his religious and charatibill dispositioun in 1629.] RECORDS OF THE BURGH OF ABERDEEN. 25 giveng tbairof for the use forsaid, and promising to male the same fiu'th i April command to that effect ; lyke as instanthe they causit grave the said — -' Paull Inglis name thairupoune, in memorie that he wes the giver thairof coupis to the kirkis vse, and delyuerit the same to George Andei'soue, maister f,',gnsfor of kii-k wark, to be keipit be him to the vse abov specifieit allanerKe, wha serving at . . . . tl'e com- grantis the ressett thairof, and promeissis to be comptabill, and mak the munioun p 1 T T tabillis. same furthcumand accordmghe. 8 April 1629. 8 April 1G29. The prouest, baillies, and coimsall, upoun certaine gude respectis and The considerationnes moveing thame, dischau-ges the maister of the grammer gnimmer schuill discliairffct schoole of this bm-gh in giveing his scholares leive to the bent, or in exacting any bent silver frome thame in tyme comeing, be resoue of the f'ojne ^ inconvenientis that fallis out frequentlie be the occasioun forsaid. bent silver. njuli/ 162d. 17 July 1629. The said day, in presence of Paull Menzeis of Kyndmondye, prouest. Magi- and Patrick Leslie, baillie, compeired William Huntar, smith, frieman of the iiuntar. said burgh, and actit and oblegit him to work the yron work for the y,"'j"^';[',Ij. pryckit of the Tolbuith of this burghe, sufficientlie to the contentment of of the '11 • • n ^ Tolbuith the magistrates and uther honest men comitted to the owersiemg of the stciplc. said wark, ay and quhill the wark be compleitlie endit and perfyted : For performance of the quhilk yron work of the said pryckit, to the content- ment of the said magistrates, the said William faud James Mathewsone as cautioner for him, and to pay and delyuer to the said magistrates of the said burghe for the tyme the soume of ane hundreth pundes Scottes money, in caice he failzie if he doe in the contrar, and that by and attour the working of the said wark in maner forsaid ; for quhaes travelles, and paines to be tane be the said William in the said bussiues, the saidis magistrates of the said burghe obleissis thame and thair successouris to 1 D 26 EXTRACTS FROM THE [1629. 17 July 1G29. Magi- strates. Hiuitair. Anent the yron wark of the Tolbiiith steiple. 22 Sep. 1629. Couneell. Wedder- burne. 28 Oct. 1629. Visitouris appointit for the schooles. pay to the said William, four merkes Scottes money for ilk steane of wrocht yron work of the sufficiencie forsaid, and the said William actit him to releiff his cautioner of the premisses, and of all that may follow thairon. 22 September 1629. The said day the prouest, baillies, and couneell for dyuerse gude respectis and consideratiounes moveing thame, agries to give tuantie merkis quarterlie to Mr David Wedderburne, maister of the grammar schole, of augmentatioun to his stipend, of fourscoir pundis, to be payit to him be the tounes thesaurar during the councellis plesour and his gude deserveing allanerlie, the first quarteris payment begynnand at hallow- mes nixt. 28 October 1629. The samen day Mr Thomas Colinsone, Mr Alex. JafFray, Thomas Nicolsone, Andro Meldrum, baillies ; Mr Robert Farquhar, deane of gild, and Willeame Forbes, ar chosin visitouris of the schooles of this burghe till Michaelmes nexttocum, quha being present, acceptit the said chairge in and wpoun thame, and promist to do thair diligence thairin, and to report the same to the counsall. 13 April IZ April \^m. 1630. Solemnitie The quhilk day the prouest, baillies, and counsall, understanding that at the"^'*^ Alexander lining of Drum, is to be buriet in Sanct Nicolas kirk of this the Laird burghe, the xxii. day of Apryll instant, to the quhilk buriall they ar of Drum, earnestlie invitit be the present Lau-d of Drum, his sone : Thau'foir, and in consideratioune of the long contineuit freyndschip betuixt this toune and the hous of Drum, as lyikwajas in regard that the said Alexander hes left in legacie ten thousand pundis to be mortifiet for mantenance of poore scholares to be brocht up in the grammer schole and college of this 1630.] RECORDS OF THE BURGH OF ABERDEEN. 27 btu'ghe, togidder with sex hundreth merkis to the edifice of our kirk, and ^^g^P''^ four himdreth merkis to the tounes hospitall, the counsall findis it ex- ^ ^ — ^_ pedient that the toune sail honor the buriall of the said Laird of Drum to be xisit efter the best forme they can ; and for this effect it is appointit that the ^[„^iaii of baillies ewerie ane within thair awin qviarter, sail inroll sa mony of the '^jj^.^JJ^^^ inhabitantis for caryeing of pickis and muskattis to accompanye thair magistrattis at the said buriall, lykeas they appoint the tounes great ordinance to be all shott in significatioune of the tounes love and respect caried to the defunct and hous of Drum. 26 Jfay 1630. 26 May 1630. The samen day the prouest, baillies, and counsall, thay ar to say Ordinaiice Paull Mengzeis of Kynmundie, prouest, Thomas Colinsone, Mr Alex, forbigging Jafii-ay, Thomas Nicolsone, Andro Meldi'um, baillies ; Mr Dauid Ruther- the auld fuird, Gilbert Mengzeis of Petfoddellis, Thomas Crombye of Kemnay, Mr CoUege.''^*^ Robert Farquhar, deane of gild, Robert Skeyne, thesaurer, John Leslie, Andro Howysoune, and Alexander Duff, findis it expedient that thair be a loft biggit in the south yle of the auld kirk, and at the south end of the said yle, aboue the tailzeouris dask, for the principall, regentis, and studentis in the college of this burghe, in respect they find that pairt to be most commodious for heiring, and most convenient for the college, the entrie quhairof they ordane to be biggit outwith the kirk anent the pairt forsaid, and appointis Mr Robert Farquhar, deane of gild, and George Andersone, maister of kirkwark, to be maisteris of wark to the bigging of the said loft, and the expenssis and chairges in bigging thairof to be payit with the kirk moneyis, and quhat salbe debursit thairon, ordanes the same to be allowit in the kirk comptis. Eodem die. Eodem die. Ordhi^nce The samen day the prouest, baillies, and counsell, considering that maister of the sacristar and keipar of the paroche kirk of this burgh hes beine in vse for'^.^Y^ in tymes bygane to resaive payment of his fie of fourtie pundis from the ™entof tlie stipend. 28 EXTRACTS FROM THE [1G30. Eodemdie. coUectour to the kirk sessioune out of the moneyis destinat for the poorc, Ordinance whilk they find nocht agrieable with resone that the poore sould be any- maister of way dcfraudit of thair dew, and thairfoh sonld be payit be the maister of for'pay'-'^ kirk wark out of the kh*k moneyis, lykeas for that effect they ordane mentof the Qeorge Andersone, present maister of kirk wark, to pay to Thomas Co wye, stipend. secraster, fouvtie pundis money for his fie, of the Martimes and Witsonday termes last bypast, and siclyke ordanes the maister of kirk wark and his successouris to pay the said fourtie pundis yeirHe in tyme comeing to the said Thomas and his successouris, sacristares, and keipares of the ku-k for the tyme, at Witsondey and Mertimes in wynter, be equall portiounes, whilk salbe allowit to him in his comptis. 4 June 1C30. Solemnitie to be usit for the Queenes delyuerie of a yong sone. 4 June 1630. The said day the prouest, bailhes, and counsall having this morning received a letter frome the Lordis of his Majesties most honourabell Privie Councell, mackand mentioune that they have laitlie resauit adverteisment of the Queenes Majestie hu- most happie and comfortable delyuerie of a sone, to the exceiding great blissing of this natioune, for the which, as it becometh gude subiectis to expres thair joy in most solemne maner, so they thocht gude to adverteis this burghe thairof, to the intent they may give ordour and directioune for using a solemnitie within the same, in suche ample and full maner as at any tyme heirtofoir they hawe beine accusturaed, as at mair lenth wes conteinit in the said letter, daitit at Halieruidhous, the secund day of Junii instant, quhilk being red in coun- sall, they all gave praise to God for suche joyfull newis, and ordainit the samen to be presentlie published and divulgat to all the inhabitantis of this burghe, that they may give praise to God for these gude tydingis ; and for this effect ordaines the toune to be warnit be sound of trumpet at the mercat croce, and be the drunii passand throw the haill streittes of the touue, to assemble thameselffis this efteruoone in thair pariohe Idrk, and thair to give most humble and hartie thankis to God for hir Maiesties 1G30.] RECORDS OF THE BURGII OF ABERDEEN. 29 hcippie delyiicrie of a sone ; and efter ending of sermone, ordaines bonefyires 4 June to be put on throw all the streittes of the tonne, the haill bellis to ring, ^ ^ — the croce to be deckit and hung, a taffill to be coverit thairat, twa peice to be usit of "wyne, ane quhyit and the uther clairat, to be run thairat, and given to Qygglfgg all that pleasses call for the same, the sugar and spyce to be brocht thither in gi'eat abundance, a number of glasses to be cassin, the tounes haill sone. great ordinance to be shott, and all the youthes of the toime to tak thair muskattis and accompanye thair magistrattis throw the streittes of the toune in singing psalmes and praising God ; thairefter to pas the tyme in shuitting than- muskattis all the nicht ower at thair plesom-, and all godlie meiTiness and pastyme usit that may expres the joy and gladnes of the hartis of the people : And ordaines the deane of gild and thesaurer to furnishe the pulder, wyne, suggar, and glasses to the crowd forsaid, as is above devysit, and the expensses to be debursit thairon the comisall or- daines to be allowit to thame in thair comptis. 9 June 1630. 9 June 1630. The samen day the prouest, baillies, and counsall thinkis it expedient that ane commissioun be procured frome the Lordis of his Majesties most ing of honourabell Privie Counsell to the Shirefif of Aberdeine and his deputes, prouest, and baillies of Aberdeine, for apprehending of all these wemen that wer given up and delaited be Marioun Hardie, as witches, and ordaines the said Marioun Bardie's depositioun thairanent to be drawin up, and to be subscrivit be the Bishop of Aberdeine, and be the magistrattis and ministeris of this burghe, for the better procuiring of the said commissioim, and the deane of gild to deburse the chairges thairon, quhilk salbe allowit in his comptis. 14 July 1630. ]4 July 1630. Anent the The said day the prouest, baillies, and counsall ordaines the soume mer of Mr of fourtie pundis to be given to Mr Dauid Wedderburne, maister of the Hume. 30 EXTRACTS FROM THE [1630. 14 July Grammer schole, for making his cliairges to Edinburgh, being chairgeit to 1G30. , ^ —J compeu: befor the Lordis of Privie Counsall, anent the new grammer set new gram- out be Mr Alexander Hume, quhilk soume they ordaine to be peyit to Alex?^ ^^^^ Dauid, be Robert Skeine, thesaurer, and the same to be allowit Hume. Iq ijjj^ ijig comptis. 28 July 1630. Chalmer admittit doctour of the grammer schoole in place of Fraser. 28 July 1630. The said day the prouest, baillies, and councell considering that Mr Alex. Fraser, ane of the doctouris of the grammer schole of this burghe, hes demittet the place in thair handis, be resone of his resolutioun to employ his studies elsquhair, and that Mr Thomas Chalmer, sone to vmquhill Mr Thomas Chalmer, burges of the said bm-ghe, a tounes bairne, is a meit and qualefiet youthe fitt for supplie of the said roume, thairfoir they have nominat and electit, and be thir presentes nominatis and electis the said Mr Thomas Chalmer to be ane of the doctouris of the said grammer schoole in place of the said Mr Alexander Fraser, and for his paynes and travellis they give and grant to the said Mr Thomas, yearlie, and ilk yeir during the will and plesour of the counsall allanerlie, the soume of arie hundreth pundis of stipend, to be payit to him as followes, viz., — the soume of ane hundi*eth merkis be the deane of gild out of the accidentis of the deanrie of gild, and fyftie merkis be the tounes thesaurar for the annual rent of fyve hundreth merkis mortifiet be a nichtbour of the toune, as a supplie of the provisioun appointit for the second doctour of the said schole ; and that at twa vsuall termes of the yeir, Witsunday, and Martimes in Avinter, be equall portiones, the first termes payment thau-of begynand at Martimes nixt, j™ vi'' and threttie yeuis instant, with this speciall con- ditioune, that the said Mr Thomas tak no kynd of scoUadge from any bairnes within the said schole, but that he content him selff with the said stipend of ane hundreth pundis during the counsallis plesour allanerlie, in satisfactioime of all that he can crave for his service in the said schole, sa lang as he abydes within the samen ; and the said Mr Thomas being per- 1630.] RECORDS OF THE BURGH OF ABERDEEN. 31 sonallie present, acceptit the said chaii'ge in and upoun him, with the con- 28 July ditioun forsaid. — Chalmer 21 October 1630. of the The quhilk day the haill gild brethrein of this burghe being warnit grammer to this day be the hand bell, and conveinand for the maist pairt within place of the Tolbuith, it wes exponit to thame be Robert Alexander, deane of gild, ^g^j^Q^j. that the toune of Edinburghe had latlie directit missive to this burghe, 1C30. desyrand ane commissioner to meit with the burrowes at Edinbm-ghe, The Gild upoun the tuantie aucht day of October instant, tutcheing the plantatioun answer"'" of a bushe fisheing, vrgeit be the kingis maiestie, lykeas conforme ^"d'lt'o'se °' ° o ' •/ concerning thahto the counsall had alreadie nominat Maister Vedaet Lowsone, com- the bushe missionar for this burghe, for helping of the said Conventioune; and becaus the mater of the said fisheing concernis the said gild brethreine in par- ticular, and that the said toune of Edinburghe had directit heir certain articles and overtures to be advyseit and answerit to be the said com- missionar, at the said melting the said deane of gild causit the samen "articles to be publictlie red in presens of the said gild brethrein, whilkis ai'ticles and answeris maid thairto ar hehin insert as followes, viz., — First, gif our associatioun with England be expedient. It wes refuisit. Item, gif the Englishe, obeying the lawes of the countrie, may be sufferit to plant in ane pairt of the Yles : it wes refuisit vnto the tyme thair be ane vnioun, becaus the burrowes will undertak the fisheing be thame selffis, and it is onlie proper to thame be thair liberties. Item, the burrowis vndertaking the fisheing, gif it be expedient that the nobilitie and gentrie be admittet to stok with thame : answerit, that they will be content to admitt thair stoking, with conditioun that thay have not libertie to import any commodities from forrane cimtries, except so muche as may serve for the furniture of thair awin houssis allanerlie. Item, gif thay salbe admittit, how far thair stok salbe adventurit in exporting and importing, and wpoun quhat conditioun thay salbe ad- mittet, and gif thay salbe refuisit, gif the burrowes will undertak it allane? fisheing. 32 EXTRACTS FROM THE [1630. Aud if the burrowes condiscend to vndertak it, in quhat maner, if as thay vse it presantHe be burgessis at thair pleasour, or in ane companye ? For answer, the gild brethreiue agries that the burrowes vndertak the fisheing be thame selffis aUane, provydiug it be done be the burgessis of everie burghe at thair plesure, and nawayes to be done be companyes. 1 December 1630. 1 Dec. 1630. The said day the prouest, bailHes, and counsel! haveand considera- Ordinance tioun that the new grammer laitlie reformed be Mr David Wedderbume, to the ... thesaurer maister of the grammer schuile of this burghe, can nather be printit nor of Wedder- publisllit for the vse of yong scholares, whome the same concernis, vnto burne. tyme the same resaive approbatioune from the Lordis of Counsall : thairfoir they have thocht meit and expedient that the said Mr David address himself with the said wark to Edinburgh, in all convenient dili- gence for procuring the saidis Lordis thair approbatioun thairto, and ordaines the soume of ane hundreth pundis money to be debursit to him be the tounes thesaurer for making of his expenssis in the said erand. 21 Oct. 1G30. Tlielsikl brcthrcnis answer and advysc concerning the Bushe fisheing. 1 Dec. 1G30. 1 December 1630. Xi lib of The counsall grantis fourtie pundis of fee yeirlie to Robert Mailing, to Mailing for his paynes in rewling of the tounes time clokes to witt, the kirk Ihig'the' clok, Gray Frier clok, ku'k and Tolbuith clokes, and ordaines the tounes tounes thesaurer to ansuer him of tuantie merkis, and the Mr of kirk wark of clokes. fourtie merkis yen-lie, in compleit payment of the said soume during his service, at tua vsuall termes in the yeir, Witsonday and Martimes in wynter, be equall portiounes, begynnand the first termes payment at Mar- times last, and so furth yeirlie thairefter, ay and quhill he be dischargit be the counsall. 1631.] RECORDS OF THE BURGH OF ABERDEEN. 33 9 March 1631. 9 March 1631. The said day the prouest, baillies, new and auld councellis, haveand Ordinance consideratiotme that the hospitall of this burghe, quhilk wes fandit of auld "n^auouris in the years of God 1459, be vmquhill Mr John Clatt, channon of Aber- ygj^iug^f deine, who in his tyme fiindit the hous quhilk is the hospitall, togidder theTowncs with ane annual rent of four pundis money out of Mondynes, within the Schyrreffdome of Kincardyn, and some Ruiddis in the toun of Kiatoir, for mantenance of ane cheplane to serve in the said hospitall, is now of laite, within these thrie yeiris bygane, not onlie repaired and enlarged in the edifice thairof, both in lenth and hight, and maid meikill more commodious and easefuU for Bedallis then it wes abefoir ; bot lyekwayis thair is morti- fiet and given thairwnto be the liberalitie and cheritie of gild burgessis of this burgh, dy verse soumes of money, quhilk now be the cairful owersicht and manageing of the magistrattis and councell of this binrghe for the tyme, is incressed and come to suche grouthe, that the annual rent thairof will intertaine some fyve or sex honest decayed brethrein of gild of this burghe, in meait and clotheing eftir a decent and comelie forme ; and since, praised be God, the rent of the mortifiet moneyis to the said hospitall is growin to suche perfectioune be the liberalitie and charitie of merchandis, gild burgessis of this burghe, thay find that nane sould injoy that benefite, nor be admittit, nor plaiced in the said hospitall, except onlie decayit brethren of gild of this burghe ; as lyekwayes they find that these quha ar alredye admittit, and suche as salbe admittit in the said hospitall heir- efter, sould have competent provisioun and allowance for thair honest intertainement in meait and clothing in all tyme comeiug, that thay be not burdinable nor chairgeabill to any ; and for this efi"ect, haveand con- venit dyverse of the gild brethrein of this burghe, wha had frielie given and mortifiet of thair meanes to the said hospitall, efter mature delibera- tioune and advysement, the saidis new and auld councellis be advyse foirsaid, appointis, ordanes, and allowes to everie bedall within the said 1 E 34 EXTRACTS FROM THE [1631. 9 March hospitall alredie adraittit, and that salhappin to be admittit within the - — ' samen heii'efter be the magistrattis and councell of this burghe for the of CounsaU tyme, the soume of ane hundreth pundis Scottis money yeirlie, for than* of the°""* mantenance and provisioun, to be payit to everie ane of thame monthHe, Bedallisof out of the rediest of the rentis of the said hospitall be the maister thairof the Tonnes hospitale. for the tyme, extending ilk month to the soume of aucht pnndis sex schil- lingis aucht pennyes, the first monethis peyment begyuand wpon the first day of Apryill nixt to cum, and so furth to be payit proportionallie ilk moneth in all tyme comeing ; as lyikwayis by and attour thair ordinar allowance forsaid for thair alimentar chairges, the saidis new and auld connsallis appoints and ordanes that thair salbe gownes, sarkis, hoise, and shoes furneist to everie ane of the saidis bedallis as than* necessitie sail requyre, be the sicht and directioun of the counsall of this bm'ghe for the tyme : And in lyik maner, thay declair and ordane that the cull our of thair gownes and habitt salbe sad tannis in all tyme comeing : And appoints and ordanes twa hundreth towns loadis of peites to be yeu-lie given and laid in to thame be the maister of the said hospitall for the tyme : Lyke- as thay appoint Paull Inglis, present maister of hospital, to give and fur- nishe to thame sex plaites, sex trinsheouris, twa brotclothes, sex servioles, twa pottes, twa pannes, ane speit, ane pau* of rax, ane cruik and tanges, and ane laiddill : As also to furnishe and give gownes and clothes to the thrie present bedallis alredie enterit in the said hospitall — To witt, James Leslie, Willeame Thomesone, and Robert Stewart, all gild burgessis of this bm-ghe, of sad tannis, Inglis cloth or Scoths clothe, as he may most commodiouslie have the same, and quhat the said maister of hospitall deburssis thairwpoune, is ordanit to be allowit to him in his comptis : Witli speciall alwayes conditioun and provisioun, that the saidis bedallis and thair successoris wha salhappin to be plaiced and admittit within the said hospitall at any tyme heu-efter, salbe all singill persones wanting wyiffes, and that thay keep thair ordinarie dyet at bed and buhd within the samen hospitall, and onnawayes be fund vaiging on the streites, nor drinking in ailhousses nor tavernes, nather yet passing out of the towne 1631.] RECORDS OF THE BURGH OF ABERDEEN. 35 to landward or elsqiihair, without licience of the magistrattis of the said 9 Marcli burghe for the tyme had and obtenit thairto : And lyikwayes, that everie — ' morning and evening thay convene alltogidder in thair oratour, and have o/coun"an thair ordinar pubhct prayeris for the King, the Kirk, the Tonne of Aber- "J th"*'""'' deine, and all thair benefactouris, efter reiding of ane chaptoiir in the Bedallisof . the Tounes Bybill ilk morning and evenmg: And that they, and euene ane of thame hospitale. be present at the sermones and prayeris appointit for thame : And keip and observe the injunctiones foirsaidis, and all other injunctiounes to be set downe to thame heirefter, be the councell of this burghe for the tyme, vnder the pains of deprivatioune. 30 Jiarc/i 1631. 30 March 1631. The quhilk day the prouest, baillies, and councell gives and grantis Ordinance to Mr David Wedderburne, maister of thair grammer schole, the soume of Tliesaurer ane hundreth merkis money to help to defray the greit chairges quhairin "ffygj^jjfy he hes bein drawin be his long attendance in Edinburgh, Sanctandrews, bume. and Glasgow, in the purches and obteining of the councel and clergies of this kingdome, thair approbatioun and allowance to his new reformed grammer, to be payit to him be Alex. Stewart, thesaurer, quhilk soume they ordane to be allowit to the said thesaurer in his comptis. 4 May 1631. 4 May ^ 1631. The said day it is statute and ordainit be resone of the great in- Ordinance solencie of scholares at nicht-walkis, some attending thair parentis, and scliolares wtheris the maister of the musick scholl, in a gi-eater number then may lo^jyik"^ Bufficientlie serve at sic occasiounes ; that na scholar within this burghe '"'^ll^'s- salbe siTflferit to repau' to any lyik or nicht walk in tyme comeing, except onlie four scholares of the musik schole, whan the maister himseHf is desyrit : And ordaines intimatioun heirof to be maid to Patrick Dauidsone, maister of the said musick schole, to the effect he pretend no ignorance, 36 EXTRACTS FROM THE [1631. \ 63 1^ ^^^^ certificatioun gif he contra veine this present ordinance, to be dischargit — frome any lyikwalk heireftir himselff. Ordinance againis scholares repairing 22 June 1631. to lyik walkis 22 June ^^^^ ^^7 presens of the prouest, baillies, and councell, com- 1631. peirit Mr Robert Barone, ane of the ordinar ministeris of this burghe, and Anent tiie (Jeclau-it that certain weill affected nichtbouris of the tonne had grantit to planta- _ <^ _ tioneoftlie a voluntarie contribntioune of fyve thousand and four hundreth merkis, Futtie. Scottis money, or thairabout, whUk wes devysit be thame to be mortifiet and employit on annnallrent in all tyme comeing, for provisioun of ane minister to the kirk of Futtie, desyrand thau-fou* that thair wisdomes wald be pleased to tak the necessitie of that plantatioune to thair serious con- sideratioune, and to deliberat in dew tyme anent the finding out of a qualifiet persone to fill the roume, sieing the moneyis grantit ar to be payit at Martimes nixt ; whairanent the saids prouest, baillies, and councell advysing, and being can-full (in respect of the said mortificatioun, and necessitie of the poore people of Futtie, whome that mater doeth chieflie concern e) to have the roume plantit with all convenient diligence, thau-foir they thocht meit and expedient to deall -with Mr Alexander Ross, minister at Inshe, a tounes bairne, for undertaking of the chairge of the ministrie at the said kirk of Futtie; and for that effect instantlie nominat Mr Vedast Lowsone, baillie, to deall with the said Mr Alexander thairanent, in the toimes name, and to report his diligence to the counsall this day aucht dayis. 11 Sept. 11 September 1631. 1031. ^ Oldmance The councell ordaines the thesaurer to pay to George Andersone to tilG Thesaurer. twentie-fyve pundis ane sh., debursit be him on the wark of the tolbuith steipell, whilk salbe allowit to the said thesaurer in the comptis. 1631.] RECORDS OF THE BURGH OF ABERDEEN. 37 14th September 1631. ^\UT' The said day in presens of the prouest, baillies, and counsall, com- A Bybill peirit personallie Gilbert Hervye, elder, and gave in ane great bybill to Henry to serve for the use of the beddallis in all tyme comeing : Lykeas the same ®" VP'es instantlie delyuerit to Paull Inglis, maister of St Thomas Hospitall to that eflfect ; and the said PauU ordainit to cans chengzie the same to the Latrone of the Oratorie of the said hospitall. 5 October 1631. 5 October 1631. Item, it is statute and ordanit that thair salbe no kynd of fleshe or vivares bocht or sauld on the mercat day, or any mercat or arles given begining thairwpon in tyme comeing, till aucht houris in the morning at the ^grcattis. soonest, neither sail it be lesum to any flesher, frie or unfrie, to cixtt and carve thair beifF and muttone on the shulderis and flankis as vsuallie hes beine heirtofoir, nor yit to spuilzie the caircages of beiff or muttone in the craig, spar rib, or any wther pairt quhatsumeuer, under the payne of fourtie shillingis, to be exacted of the contraveinur for the first fault, and confiscatioun of the beiff and muttoun so spuilziet or carved, for the secund fault, to the vse of the tounes hospitall ; and that na mercat be maid on meill and malt befoir tuelff houris in the day at soonest, accord- ing to the auld statutes maid thahanent of befoir. Eodemdie. Eodemdie. Item, the prouest, baillies, and counsall ratifies and approves the tiomfe^of statutes and ordinances maid be thair predecessouris, magistrattis, and gt^tuto counsall of this burghe, againis blasphemares of Goddis holie name, pro- phaneris and brakeris of the Lordis Sabbothe, with the statutes maid againis cowperis, wobsteris, cordoneris, and purchessares of suspen- siounes and advocatiounes againis the magistrattis and counsall of the 38 EXTRACTS FROM THE [1631 Eodemdie. same biirglie : ressettaris of strangeris and settaris of houssis to thame Ratifica- without licience of the magistrattis, and anent the keiping of the loche the aiikl and burne fx'om filthe and polutioune ; againis keipares and gaddereris of statutes. middingis on the commonn streites ; againis all abstracteris of cornes fi-om the tounes commoun mylnes : anent officiares for wearing daylie thair siiirdis and halbertis, and all and sindrie wther actis, constitutioimes, and ordinances quhatsumeuer maid be thair predicessouris for observeing gude rewle and ordour within this burghe, to be keipit and observit be the nichtbouris and inhabitantis of the samen efter the forme and tenour thairof in all poyntis, vnder the paines conteinit in the saidis actis to be wpliftit of the contraveinares, but favour. 12 October 12 October 1631. 1631. Onlinance The said day the prouest, baillies, and counsall thinkes it raeit and oTa'^^'°^ expedient for the ease of the fleshouris, friemen of this burghe, and fleshous. advancement of the tounes commoun gude, that a fleshous salbe biggit in all convenient deligence, at the back of the tounes new hous, on the north syid of the castell gett, and nominatis George Moresone, deane of gild, maister of wark to the bigging therof, wha is ordainit to provyd materiallis therto, and the expenssis to be debursit be him thairwpon, to be allowit to the said deane of gild in his comptis. Eodemdie. Eodem die. againis The samen day the prouest, baillies, and counsall hes statute and fleshouns. ]iha,i na fleshour within this burghe, shall slay ony nolt, sheip, nor wther gudes, nor bestiall, wpoun the kingis hie streites, nor without housses, in tyme comeing, vnder the payne of fourtie shillingis, to be peyit be the contraveinar to the deane of gild, toties quoties, as they sal happin to failzie thauin. 1631—1632.] RECORDS OF THE BURGH OF ABERDEEN. 39 2 November 1631. 2 Nov. 1C31. The said day the prouest, baillies, and counsall ordanes Johnne Ordinance Leslie, thesaurar, to debiirse to Mr James Rait, minister at Mariekirk, the xhesaurer. soume of ane hnndreth merkis Scottis money quhilk wes grantit to him abefoir be act of counsall of the dait, the sex day of November 1627, of help to the bigging of the brig of Lnther, and reparatioun of the north- watter brig, be resine the wark is neir perfytit alredy. 21 December 1631. 21 Dec. 1G31. The prouest, baillies, and counsall ordanes George Moreson, deane Ordinance of gild, to visite the vaultis of the wardhous, and to caus help, and repair Deane of thame in all convenient diligence, the expenssis quhairof salbe allowit to the said deane of gild in his comptis. 21 December 1631. 21 Dec. 1631.' The said day the councell, considdering the great paynes takin be Ordinance Robert Melvill in rewling of the tounes three clokis, towitt the kirk, J," MeluiU ' gray frier, and tolbuith clockis, grantis to him tuantie merkis of augmen- tatioun to his ordinarie stipend of fourtie lib, mackand now in all four- scoir merkis money, thairof feftie merkis to be payit to him be the maister of kii'kwark for the twa kirk clokis, and tuantie pundis be the tounes thesaurer for the tolbuith clok yeirlie, at Witsonday and Martimes in winter, be equall portiounes, the first termes peyment begynnand at Martimes last bypast. 25 January 1632. 25 Jan. 1632.' The said day the prouest, baillies, and counsall ordanis Mr Vedast Ordinance Lowsone, maister of kirkwark, to putt wp commodious seittis and shelffis maister of kirk wark. 40 EXTRACTS FROM THE [1632. 25 Jan. in the Colledge Librarie for the vse of the bookes and studentis thairin ; and appointes the haill bookes within the kirk librarie to be transportit to the to the said librarie within the Colledge, thairia to remaine in all tyme Srk w'iirk comeiug : And for this effect the saidis bookes to be put in inventar and catalogue, and delyverit accordinglie to the bibliothecar be the said Mr Vedast Lowsone, and quhat expenssis he deburssis in putting wp of the saidis seattis and shelffis, the counsall ordanis to be allowit to him in his comptis. 8 February S February 1632. 1632. Ordinance The said day the prouest, baillies, and counsall ordanis the tounes of'^bellfm twa drummeris to go throw the haUl streites of this burghe togidder houris at daylie, heirefter at four houris in the morning, and aught houris at nicht ; evin, and and Johne Pollak, as the yonger man, is ordanit to pas to Andro Inglis fyuehoui-is . „ , . . , ^ . ^ ^ in the hous at all occasiounes lor keipmg the saidis dyetis : Lykeas they appoint ane of the great bellis in the kirk steipUl, with the commoun bell, and the bell of the gray frier ku'k, to be rung euerie day in tyme comeing, the spaice of halff ane hour, at fyve houris in the mornmg, and nyne houris at ewin. morning. Eodemdie. Eodem die. Contract betwixt The quhilk day the prouest, baillies, and counsall admittis and of Aber- receaves Mr Robert Dounye, bibliothecar of the tounis librarie within Mr^Robert colledge of this burgh, during all the dayis of his lyiftym, wpoun the conditiounes specifiet in the contract underwritten, past betwixt the Bibliothe- f _ ' car. counsall and him thairanent : Quhilk contract, be mutuall consent of both the pairties, is ordanit to be registrat in the tounes bookes ad futurarn rei memoriam, and to the effect executioun may be direct thairin, as neid beis in maner specifiet thairiatill, off the quhilk contract the tennour followes : — " At Aberdeine, the aucht day of Februar, the yeir of God, j" 1632.] RECORDS OF THE BURGH OF ABERDEEN. 41 sex hundreth tlirettie twa yeii-is, It is appontit and agriet betwixt the Eodemdie. richt honorabill Paull Mengzies of Kynmundie, prouest of the burglie of Contract Aberdeine, Thomas CoHnsone, Mr Alexander Jaffray, Andro Meldrum, tlieTowne George Johnstoun, baillies of the said burgh, George Moresone, dean of ^[.j^^ ",^,1 gild, and Johue Leslie, thesaurar of the same burghe, for thame selffis, be ^^'1^^^°^^' ' vertew of thair generall offices, and in name and behalif of the councell Bibliothe- and communitie of the said burghe on the ane pairt, and Mr Robert Dounye, sone lawfull to vmquhill Williame Dounye in Banchorie, on the wther pau't, in forme, substance, and effect efter following — that is to say, Forsameikill as vmqiihill Thomas Reid, Esquire, Secretar for the Latine tongue to our late Soverane, King James of blessed memorie, for the love he caiyed to the said touue of Aberdeine, and wishing the new colledge and scholes thairof sould florishe, be his letter will and testa- ment, left in legacie to the said tonne of Aberdeine his whole librarie of bookes, quhilkis bookes he ordauit to be put in the bibliothek of the said new colledge, thah'in to remaine in all tyme comeing : And withall the said vmqiihill Thomas, haveand consideratioun that ane bibliothecar wes requyrit in suche a citie, wha sould be comptabill for the saidis bookes to the consall and clergie of the said toune and colledge, according to the catalogues of his resset, and that thair could be nane had without a meanes quhairby to leive, thaii-foir he left in legacie the soume of sex thousand merkis Scottis money, as a patrimonie be the quhilk the biblio- thecar of the said bibliothek micht leive, whilk soume he ordanit to be imployit wpoun annuallrent be the prouest, baillies, and counsall of the said burgh of Aberdeine, with advyse of Mr Robert and Mr Adame Reidis, his brether german, ay and while the annuallrent thairof sould accress with the stok to suche proportioune as the samen micht by so meikle gude land lyand within the said burghe or schirrefdome of Aberdeine, as sould pay yeMie of siluer rent the soume of sex hundreth merkis money foirsaid, whilk soume of sex hundreth merkis as the yeirlie rent and dewtie of the said land, be destinat, mortifeit, and appointit to be given for mantenance of a bibliothecar and keipar of the said bibliothek in all 1 p 42 EXTRACTS FROM THE [1632. car. Eodem die. aiges to come ; lykeas he nominat and designit the said Mr Robert Contract Dounye, his sister sone, to the said office, and to the rent and benefite the I'owne thairof induring his lyftyme, whome he appointit to hold the doore of the dein'and ^^^^ bibHothek opin and patent four dayis in the weik, to the effect the Mr Robert schollares and clert>;ie of the said burghe of Aberdeine micht haue the vse Douny, ... Bibliotlie- of the saidis bookes within the samen ; lykeas also he nominat and appointit the prouest, baillies, and comisall of the said burghe of Aber- deine for the tyme, as haueing the cair and chah-ge of the manageing of the saidis moneyis, and wah-ing of the samen wpon the bying of land, to be perpetuall patrones of the said bibliothecar, and to haue the full power of his nominatiouii and admissioun in all tyme comeing, as the said vmquhill Thomas, his letterwill and testament, daited at London, the nynteine day of May, the yeir of God, j"" sex hundreth tuantie-four yeris, at lenth proportis, conforme quhairwnto the prouest, baillies, and counsall of the said burghe for the tyme, receaved fi-om the executom-is of the said vmquhill Thomas Reid, his whole librarie of bookes, according to the catalogue thairof, quhilkis were all impute be thame in the librarie of the said colledge, and ar yet all extant within the samen, in als gude caice as they wer the tyme of thair ressett and intromissioun thairwith ; lykeas also they resaived frome the saidis executom-is at the feast of Martimes, in the yeir of God sex hundi'eth tuantie-fyve yeiris, the soume of thrie thousand four hrmdreth thretteine pundis twa shillinges wsuall Scottis money, in satisfactioune of the said legasie of sex thowsand merkis, becaus the remanent thairof wes exliausted, pau'tlie for quote and confirmatioune, and pau-tlie evicted frome the saidis executoris, sen the deceas of the said vmquhill Thomas, for unknowin debtis not conteinit in his testament : Quhilk soume of thrie thowsand four hundreth threttein pundis twa shillingis, be the cau-full manageiug of the prouest, baillies, and counsall of the said burgh for the tyme, hes accressed with the annuallrentis thairof, sen the tyme fou-said of the said toune of Aberdeine than- mtromissioun with the samen, to the soume of sex thousand pimdis money foirsaid, whairwith they entend, God willing, how sone thay can 1G32.] RECORDS OF THE BURGH OF ABERDEEN. 43 car. find convenient occasioune, to by so mnche laud as will extend to sex Eodemdie. hundreth merkis money in yeirlie rent, or sex chalderis of victnall, to be a Contract constant provisioun and stipend to tlie said bibliothecar in all tyme come- the Towne ing, for implement of the will of the defunct ; and, in the mid tyme, till (]ei^^!|^nd the said occasioune of bying some peice of land may be had, and to the Mr Robert intent that the saidis schollares and clergie of the said tonne and colledge Bibliothe- be not longer frustrat of the wse and benefite of the saidis buikis, the saidis protiest, baillies, and counsall hes admittit and resauit, and be thir pi-esentis admittis and resaives the said Mr Robert Dounye biblio- thecar of the said librarie during all the dayis of his lyiftyme, wha pre- sentlie lies acceptit, and be thir presentis acceptis the said chairge and office in and wpoun him, wpoun the conditiounes underwrittin — that is to say, the said Mr Robert grantis him to have resaved the day and dait heu-of fi-om the saidis prouest, baillies, and counsall, the haill buikis within tlie said librarie, whilkis apperteinit to the said vmquhill Thomas Reid, Esquyer, with the haill bookes left to the said colledge be vmquhill Mr Duncan Liddell, doctor in phisick, togidder also with all wther buikis within the said librarie, giuen thairwnto be quhatsumeiier persone or per- sones at any tyme bygaine, conforme to the severale catalogues thairof subscryveit be the said Mr Robert; lykeas the said Mr Robert bindis and obleissis him, his airis, executouris, assignayis, and successouris quhatsumetier, to keip the saidis haill bookis, and to mak thame extant and farthcumand within the said librarie, with all wther bookis that happinis to be given and put within the said librarie thairefter, during the said Mr Robert hes lyftyme, comforme to the catalogues maid and to be maid thairwpoune ; and lyikwayes the said Mr Robert, conforme to the will of the fundater, sail hold the doore of the librarie patent and opin four dayes of the week the whole yeir, alsweill in tyme of vacance as at other tymes, to witt, Monday, Wedinsday, Freday, and Saturday, euerie ane of these dayes in sommer, frome sevin houris till allevin afoir- noone, and frome twa till five in the eftirnoone ; and in the winter tyme, frome nyne till tuelfif in the afoirnoone, and frome twa till four houris in 44 EXTRACTS FROM THE [1632. car. Eotlem die. the efternooiie : and siclyik he sail .admitt no schollar to be ane ordinar Contract student within the said librarie without ane subscryuet warrand fi'om the l)Gtvvixt tlic Towne magistrattis and counsall of Aberdeine, and these wha salbe depute be dein'and thame : whilkis students at thair entrie to the said librarie, sail give thair Douny^*^ ' ^^^^ they sail not tak out ane book forth thairof, nather sail they Bibliothc- blot any book, nor tear the leaves of ane book, nor fold the leaff of ane book, quhamn gif they contraveine, they sail pay the triple of the pryce of the book : whilk warrand for admissioun of the saidis studentis to the said librarie, the said Mr Robert sail keip and registrat the whole names of the saidis studentis in ane paper booke, according to the tyme and warrand : Item, he sail not len furth ane book to any man, of quhat estate or degrie so ever he be : Item, he sail mak tables and indices of ■ the haill buikis within the said librarie. ordine alphabetico, of everie science be thame selfEs, for the commodious wse of the saidis schollares : Item, he sail keip the saidis bookis frie from dust and con-uptioun, and sail haue a fyre for that effect as necessitie requyres : Item, he sail sub- iect himselff to all these conditiounes, and quhatsumeuer els salbe thocht fittmg be the counsall of Aberdeine for the tyme, to be set doun heir- efter for the weill of the saidis studentis, buikis, and bibliothek ; for the quhilkis caussis the saidis prouest, baillies, and counsall, bindis and obleissis thame and thair successoris, prouest, baillies, and councall of the said burghe in tyme comeing, to thankfullie content, pey and delyver to the said Mr Robert Dounye yeirlie, and ilk yehe during all the dayis of his lyftyme, the soiime of sex hundreth merkis money foirsaid, at twa wsuall termes in the yeir, Witsonday and Martimes in winter, be equall portiounes, the first termes peyment thairof begynnand at the feast of Witsonday nixttocum, in the yier of God, j™ vi*^ threttie twa yen-is, and so furthe termlie thairefter, induring his lyftyme : Provyding allwayis that how sone it sail happin, the prouest, baillies, and councell of the said burgh, to by so muche land as will extend in yeirlie rent to sex hundreth merkis, or sex chalderis victuall, for the vse of the said bibliothecar, the said Mr Robert, sail accept the rent of the said land fra thane furth, and 1632.] RECORDS OF THE BURGH OF ABERDEEN. 45 manageing thairof himselfF in full satisfactioune of his said stipend of sex Eodemdie. hundrcth merkis in all tyme tliairefter, during the spaice foirsaid, all Contract fraud and gyill secludit; and for the mair seciu-itie, baith the saidis thcTowne pairties ar content, and consentis that thir presentis be insert and regis- trat in the buikis of Councell and Sessioun, or tonnes buikis of Aberdeine, »' lifl'ci t ... . . Doiiny, to hawe the strenth of ane confessit act and jndiciall decreit, that letteris Bibliothe- and executoriellis of horning be ane singill chairge of sex dayis, and all wther executoriellis necessar, the ane but prejudice of the wther, may be direct thairon in forme as effeiris. And to that effect constitutes thair lawfull procuratouris, promittendo de rato be thir presentis, written be Walter Guthrie, writtar in Aberdeine, and subseryveit be the saidis pairties, dey, moneth, yeir, and plaice foireaidis, befoir thir witnessis. Sir Thomas Burnet of Leyis, knicht baronet ; Mr Robert Reid, minister at Banchorie ; Mr Patrik Dun, docter of phisick ; Mr Vedast Lowson, lait baillie, burges of Aberdeine ; and Johne Ingrahame, clerk depute thairof Sic sub- sciibitur, P. Menzeis, prouest ; Thomas Colinsone, baillie ; Mr Alexander Jaflfray, baillie ; A. IMeldrum, baillie ; George Johnstoune, baillie. Mr Ro. Dounye, Su- Thomas Burnet, witnes ; Patrik Dun, Avitnes ; Mr Vedast Lowsone, witnes ; Mr Robert Reid, witnes ; Jo. Ingrahame, witnes. 29 February 1632. 29 Feb. 1632. The said day the prouest, baillies, and counsall haveand considera- Ordinance tioun, that the stipend allotit to Thomas Cowye, sacristar, is but verie "f t)Je*i|"j'|^ meane, and scairce habill to interteane him honestlie, sieing he wantis the sacristar. benefite of baptismes that he had abefoir, and quhilk is now bestowit on Alexander Gray, reidar, as a forder help to him : Thahfoir they have thocht gude, statiit and ordainit, that the severall penalties eftermentionat, salbe upliftit and resaived be the said Cowye, to his awin behowe, as a supplie and help to his provisioun, frome all and quhatsumeuir persones within this burghe wha sal happin to be convict heu-eftir in any of the particulares following, viz. : — Of ilk persone convict of fornicatioun, 46 EXTRACTS FROM THE [1632. 2^^Feb. threttein s. iiiid. ; frome ilk adulterar, foui'tie shillingis ; frome ilk persone - — convict of sclander befoir the session, sex shillingis ; and frome ilk persone Ordinance in faiiouris accuisand ane wther of sclander wnjustlie, sex shillingis ; frome ilk persone sacristan^ convict of brak of the Sabboth day, four shillingis ; frome ilk persone warnit to compeir befoir the sessioun, and not compeirand, toties quoties, thretteine s. four d. ; frome ilk persone convict of scolding and blasphem- ing of Goddis name, fovu* shillingis ; frome ilk persone that gives wp thair banes for marriage, and performes not the same accordinglie, tuelff shil- lingis ; for proclamatioune of banes and mariage of all and quhatsumeuir persones within the kirk of this burghe heirefter, fra ilk pairtie, tuelff" shillingis ; frome ilk persone convict for resset of banishit persones, tuelff" shillingis ; fi-ome ilk persone con^dct for setting of housses to strangeris without licience of the magistrattis, and being delaitted be the said Thomas, thretteine s. iiiid. ; fra ilk persone warnit to the examinatiounes and not compeirand, sex shillingis ; fra ilk fornicatour failzeand to mak than* repentence at the day appointit be the sessioun, thretteine s. iiiid. ; for the buriall of ilk persone in the kirk, tuelflf shillingis, and in the kirk- yard, sex shillingis, and this, by and attour the fourtie pundis of stipend to be payit yeirlie to the said Thomas Cowy, during his service, be the maister of kirk wark ; and, for the better obteaning peyment of the saidis penalties, and putting of this present act to execution, the saidis prouest, baillies, and counsall, ordainis the tounes ofBciares and serjiandis to concur with and assist the said Thomas in poynding and destreingzeand thairfoir, as they salbe requyrit. 11 April 11 April 1632. Ordinance The said day the prouest, baillies, and counsall appoints Mr Vedast of i|isi)lan- f _ . . tatioune. said dyet, and to congratulat the said reverend father his transplantatioune and new admissioun in the tonnes name, and thairwith to mak his con- voye hameward to this burghe wpoun the tounes chairges, for the quhilk effect they instantlie nomiuat Gilbert Colinsone, baillie, and Mr Alexander B,oss, doctor in divinitie, ane of the tounes ordinar ministeris as commis- sionares for thame, and ordaines Robert Cruikschank, thesaurar, to deburse the soume of four hundreth merkis to the saidis commissionares to ane compt for making of the said reverend father and thair awin chairges, whilk soume salbe allowit to the said thesaurar in his comptis, of the quhilk soume the said Gilbert Colinsone, baillie, delyuerit bak to the thesaurar the soume of at his returne frome Edinburgh, in re- spect the said reuerend father wes not redie to come north till the begin- ning of September nixt. 3 June 1635. 3 June 1635. The prouest, baillies, and counsall appointis a not to be guien to Mr Anent our Robert Petrie, thair agent, of the names of the nichtbouris of the toune boures quha ar chairgit for conceallit moneyis at the instance of the Earle of f"™^^"''''' Kennowle ; and Mr James Baird, advocat, to be employit as the tounes cealled procuratour, to compeir befoir the Lordis of Sessioun for defence of the said actioun, and informatioun to be send to him for that effect. 78 EXTRACTS FROM THE [IG35. 3 June 1635. Statute anent tlie playding packed in the tounes packhous. 3 June 1635. The samen day the proiiest, bailHes, and counsall hes statute and ordanit, and be thir presentis statutes and ordaines that ilk pack and fardell of playding, whilk salhappin to be packed heirefter in the tounes commoun packhous, haveing lyen in the said packhous twa nichtis efter paking, sail pay nichtlie fra thane furth, ay and quhill the same be trans- portit and removeit out of the said hous, the dewtie following to the tounes tennent and takisman thairof — viz., aucht pennyes for ilk pack, and four pennyes for Uk fardell, and the nichtboures of the toune to be frie of the said bygaine dewtie befoii* the dait heirof. 3 June 1635. Taxt Roll of the burrowis. 3 June 1635. The Generall Taxt Koll of the whole burrowis of this kingdoms, maid and set doune at ane particular conventioun, haldin at Edinburghe in October 1635, be the commissionares thair convenit and appointit for that effect, bearand ilk burghes pairt of the soume of ane hundreth pundis of all taxatiounes, ordanit to continew for the spaise of thrie yeares and longer dm-iug the burrowes plesour : — Edinburghe, Perth, . Dundie, . Aberdeine, Stirling, Glasgow, Sanctaudrous, Dysart, . Linlithgow, Aire, Hadingtoun, 28 lib., 15ss. 5 lib., lOss. 9 lib., 6ss., 8d. 8 lib. 1 lib., 16ss. 5 lib., lOss. 3 lib. 1 lib., lOss. 1 lib., lOss. 2 lib., Iss., 4d. 1 lib., 16ss. 1635.] RECOKDS OF THE BURGH OF ABERDEEN. 79 Kirkaldie, Montrose, Coupar, Anstruther Easter Drumfreis, Innernes, Brechin, Irwine, Elgine, . Jedburghe, Kirkudbrighe, Vigtoun, Petinweyme, Dumfermliue, Dumbartane, Reinfrew, Lanrik, . Abirbrothok, Bruntyland, Peibles, . Carraill, Kinghorne, Tayne, Selkirk, Anstruther Waster, Culros, . Dunbar, Bamfif, Whythorne, Forfar, . Rothesay, Forress, 2 lib., 6ss., 8d. 2 lib., 13ss., 4d. 1 lib., 4ss. 1 lib., llss. 2 lib., 4ss. 2 lib. 1 lib. 1 lib., 3ss. 1 lib. 0 lib., 18ss. 1 lib. 0 lib., 15s8. 0 lib., 15ss. 0 lib., 12ss. 0 lib., 12ss. 0 lib., lOss. 0 lib., 16ss. 0 lib., lOss. 0 lib., 16ss., 8d. 0 lib., lOss. 1 lib., 4ss. 0 lib., 148S., 8d. 0 lib., 12ss. 0 lib., lOss. 0 lib., 6ss., 8d. 0 lib., 12ss. 0 lib., 12ss. 0 lib., 8ss. 3 June 1635. Taxt Roll of the burrowis. 0 lib., 0 lib., 0 lib., 0 lib.. 5ss. 6ss., 8d. 5ss. Gss. 80 EXTRACTS FROM THE [1635. 3 June 1C35. Taxt Roll of the burrow is Rutliglein, North Bervick, Cull en, Name, Lawder, Innerkeithiug, Kelranye, Annan, . Sanchar, Lochmaban, New Galloway, 0 lib., 0 lib., 0 lib., 0 lib., 0 lib.. 5ss. 4ss. 4ss. 4ss. 5ss. 0 lib., lOss. 0 lib., 3ss., 4d. 0 lib., 0 lib., 0 lib., 0 lib., 3ss., 4d. 3ss., 4d. 3ss., 4d. Iss. 9 August 1(>S5. Licicnce for aiie Frensche schoole. 9 August 1635. The counsall grantis licience to Alexander Rolland to teache ane Frensche schoole within this burghe for teacheing of the youth, sic as sail pleas to come wnto him, and for that effect to put wp ane brod or signs befoir his schoole doore, to give notice of the said licience to all wha ar desyrous to learne the Frensche tongue. 23 Sept. 1635. Deserting of tlie ordinar dyett off election. 23 September 1635. Apud Aberdenvigesimo tertio die niensis Septembris anno doniini millesimo Sexcentesimo Trigesimo quinto. The quhilk day the prouest, baillies and councell of the burghe of Aberdene, eftir following, Thay ar to say Sir Paull Mengzeis of Kynmundie, knicht, prouest, Gilbert Colinson, Mr Thomos Gray, Mr Matho Lumisden, and Mr Robert Farquhar, baillies, Walter Robertson, deane of gild, Robert Cruikshank, thesaurar, Robert Johnstoune, Daiiid Aidye, Alexander Burnet, Thomas Mortimer, Thomas Paip, George Mengzeis, Paul Menzes, Hew Andersone, goldsmith, and George Peyper, wricht, nane being absent but Gilbert Menzes of Petfoddellis, Patrick Leslie, and Robert Alexander, being 1626.] RECORDS OF THE BURGH OF ABERDEEN. 81 convenit iu the counsalliotis of the said burghe as wpoun the ordinal- day ^^gg^P*^" of thair electioun, in a peaceable and qnyet maner, for electing and chtising p^^"^ of the new connsall and magistrattis of the same burglie for the yeir to come, of the to witt, whill Wedinsday immediatlie preceiding Michaelmes, iu the yeir tiyett'of of God MVP threttie sex yeiris, according to the decreit pronunceit be our election, late soverane Lord King James, of blissed memorie, in the moneth of December 1592, aneut the electioim of the connsall, prouest, baillies, deane of gild, thesaimir, and other officemen of the said bnrghe in all tyme thaireftir, compeirit in the midtyme in presens of the saidis prouest, baillies, and counsall, ane reverend father in God, Adame, Bishope of Aberdeine, ane of the lordis of his maiesties most honourabill privie counsall, and Thomas Crombye, shirelf principall of Aberdeine, whome the said reverend father desyrit to be eye witnes, and to bear testimonie of his proceidings in the present busines ; and befoir any thing proceidit in the said electioune, the said reverend father affirmet both be publict and privat discourse oft and dyvers tymes had be him with the magis- trattis and most pairt of the counsall, that thair is ane notor and evident divisioun sensiblie seine amongst thame, anent the electioun of thair magis- trattis and counsall, to the apparant danger of the commounwealth ; for preventing qiihairof the said reverend father desyrit the counsall presentlie conveinit, with wniforme consent to continew the present dyet of thair electioun, till sic tyme as he may acquant his maiestie and lordis of secret counsall thairwith, that ordor may be given be thame for setling of the present divisiotm and of all factious plottis amongst thame heu-eftir, quhilk continuatioun of the dyet, the said reverend father declairit sould be but brak or prejudice of the tonnes liberties ; lyke as accordinglie he craveit the voces of the counsall presentlie conveinit if they wald consent to the said continewatioun : And eftir they wer all voceit be his lordship thairupoun, sevin of thame, to witt. Sir PauU Mengzeis, prouest, Gilbert Colinsone, Mr Thomas Gray, baillies ; Walter Robertsone, deane of gild ; Robert Johnstoune, George Menzeis, and Paull Mengzeis, consentit at the said reverend father's desyre to the continuatioun of the present dyet of 1 L 82 EXTRACTS FROM THE [1635. 23 Sept. the electioun and nyane of thame, viz : Mr Matho Lummisden, Mr Robert — ; Farquhar, baillies ; Robert Cruikshaiik, tbesaurar ; Dauid Aidye, Alexr. of the Burnet, Thomas Mortimer, Thomas Paip, Hew Anderson, and George dyett'of PyipGr, disassentit to any continuatioun of the present dyet of tliair elec- election. tioun, bot that the same sould go on this day, according to the decreit foirsaid given be our said late soverane lord King James of happie memorie, and anniversarie custume continuallie observeit sensyne, sieing they wer heir assemblit in peaceable maner for that effect. And the said reverend father be resone of the diversitie of the saidis voyces and of the distractioun and divisioun he sies amongst the present magistrates and counsall, out of his auctoritie as ane of the lordis of his maiesties privie counsall, in his maiesties name requyrit thame to dissolue and desert the present meiting, and to continew all proceiding in the said electioun, till he acquant his maiestie and lordis of privie counsall thairwith and that thair plesure and commandiment be reportit bak againe to thame thairanent, and in the midtyme willit and commandit the present magis- trattis, counsall, and officemen, to continew in thair severall statiounes, and in keiping and exerceing everie ane his awin place and office during the said space, as they will be ansuerable to his maistie, declairing that this continuatioun sould be but brak of thair liberties : Qidiilk command given be the said reverend father in his maiesties name, the saidis prouest baillies, and counsall instanthe obey it, and conforme thairto, brak wp and dissolued thair present meiting ; and the persones disassentares aboue named tuke instrumentis that they wer willing and redie for thair pairtis to proceid to the said electioun in peaceable and calme maner conforme to the foirsaid decreit given be our said late soverane King James of blissed memorie, protesting that they be frie from exerceing of any office, or sit- ting as counsallours fi'ome this tyme furth in respect they wer chosin thairto onlie for ane yeir, whilk expyris this present day, and that quhat- sumeuir detriment the toune sail susteane in thair liberties or utherwayis be deserting of this present dyet, that the same be not impute to thame, bot that they be frie and blameles thairof, be resone of thair willingnes 1635.] RECORDS OF THE BURGH OF ABERDEEN. 83 and redienes to preceid presentlie to the said electioun, according to the ^^^^g^P'- foil-said decreit and consuetude inviolablie heirtofoir observeit sen the — Deserting giving thairof, lykeas the foirnamed persones consentares aboue named, of the protestit in the contrair, in respect of thair consent given to the foirsaid ^yett^o'if continuatioun at the desyre of the said reverend father, for the gude and election, peace of the comraoun weall ; and the said reverend father, as abefoir requyrit and desyrit the present magistrattis and counsall to continew in thair seurall places and government of the toune, ay and quhill his maiesties plesour or warrand frome the lordis of secret counsall be direct to the toun thairanent, as they wilbe ansuerable to his maiestie at thair heighest chairge and perrell. 7 October 1635. 7 Octolier 1G35. Apud Aberden, septimo die mensis Octoberis, anno domini millesimo sex- ciiargefor centesimo trigesimo quinto. decdon^of The quhilk day in presence of the prouest, baillies, and counsell of ^'^^^ "^^^^ the burghe of Aberdeine conveinit in thair councelhous for making elec- and magi- tioun of the new counsell and magistrattis of the said burghe for the yeire &c. to come, for obedience to the chairge eftirspecifeit, gewin to thame for that effect, and for preservatioun of the tounes liberties, compeired Richard Foullartoune, and declairit that ane noble and potent erle, Johne, erle of Traquair, lord thesaurar depute of this kingdome, had directit to him oure soueraine lords letteris, gewin be dely werance of the lordis of his maiesties most honourable privie counsall, for chairging the prouest, baillies, and counsall of the said burghe, and otheris hawing woce in thair electioun, to proceid this day to the electioun of thair new counsell and magistrattis for the yeir to come, in respect that the ordinar dyet of thair electioun wpoun considerable respects wes continewit ; lykeas the said Richard declaired that conform to the warrant of the saids lettei'is he had causit Robert Merser, messinger, charge particularlie the prouest, baillies, and counsall of this burghe to that effect, quilkis letteris the said Richard 84 EXTRACTS FROM THE [1635. 7 gawe ill and prodiicit befoir the said prouest, baillies, and counsell as the — ^ warrand and gi'ound of thair meitting for making of the said electioun, off the new the quhilkis letteris the tennour followes, — " Charles be the grace of God, counccll. j^ijjg of Greate Britaine, France, and Ireland, defendar of the faith, to oure loiuttis, Robert Merser, messingeris, our schirreffis in that pairt coniu- nctlie and seuerallie, speciallie constitute, gi*eitting, Forsameikill as the lordis of oiu-e prinie counsell ar informed that of late there hes beine some contestatioun within oure burghe of Aberdeine amongs the nighboures and inhabitantis thairof anent the electioune of the magistrattis and counsall of oure said burghe ; quhilk contestatioune is yit fostered and interteanied within the same burghe, for preventing whairof, and for the better preserwa- tioun of the liberties of oure said burghe anent the electioim of thair magistrattis and counsall, the ordiner dyet whairof hes beine wpoun some considerable respectis continewed, Oiu-e will is heirfou-, and we charge you straitlie, and commands that incontinent thir oure letteris sene, ye pas and in oure name and auctoritie, command and charge the prouest, baillies, counsell, and otheris, hawing vote in the electioun of the magis- trattis of oure said burghe, to proceid in a calme and peaceable maner to thair said electioun, upoun Wedinsday nixt, the sewiut day of October. . . . Gewin under our signet at Edinburgh, the penult day of Septem- ber, and of oure reigne the elleuint yeire 1635." Eftir the productioun and reiding of the quhilkis letteris, and in calling of the name of God by publict prayer according to the accustumed maner, the saidis prouest, baillies, and counsell proceidit to thair electioun in maner following. . . . Sir Paull Mengzeis, prouest and moderator for the tyme, finding Patrik Leslie to be present, whome his maiestie wpoun just occasion of offence remowed the yeire bygaine frome the office of prouestrie, causit publictlie reid in counsall his maiesties letter direct to that effect ; as lykcAvayes causit reid the letter direct to the prouest, baillies, and counsall of this bm'ghe latelie in September last be my Lord Archbishope of Sainct Androus, primat and Lord High Chancellar of this kingdome, whairby his lordship, for the caussis mentioned in the said letter, willed and requyred thame in 1635.] RECORDS OF THE BURGH OF ABERDEEN. 85 his maiesties name that they suld not make chnse of the said Patrik Leslie 7 October 1-1 • 1 • ^62^- to be thair prouest, nor yit suffer hnn to haue woyce m than* counsall, and — „ . ..... T Election of thairfor the said Sir PauU Mengzeis, prouest, m his maiesties name and the new auctoritie, requyred and commandit the said Patrik Leslie to remowe frome this present electioun , . . And the said Patrik Leslie declared that he hawing obeyit his maiesties letter in remowing from the oflSce of prouestrie, quhilk buir no remowinge of him frome being a counsellour, he wes this day come for obedience to the chairge of secret counsall, gewin to him to elect the new councell and magistrattis. . . . And hawing got the letis from the handis of Mr Robert Farquliar, baillie, to woyce as a counsellour and begim to wote, the said Sir Paull, Gilbert Meingzeis of Petfoddellis, Gilbert Colinsoun, baillie, and Robert Johnstoun, impedit and interrupted the said Patrik from any forder woyceing. . . . and siclyk the said Patrik allegit that the most pairt of the counsall ap- prowes and consentis to his proceiding and voceing in the said electioun, and the said Sir Paull protestit agaiiies the said Patrik Leslie for impeding and hindering of the said electioun, and keiping wp of the lites contrair to the command of the saids letteris as he allegit. And the said Patrik protestit in the contrair, in respect he wes willing to giwe his woyce and the lites from him when he had endit, quhilk the fofrnamed persones wald not permitt, in respect thay ar commandit be my Lord Chancellares letter not to suffer him to hawe any voce ; and becaus the said Patrik Leslie keipit up the lites that wer drawin up for chusing of the new counsell be the space of thrie or foure liom-es or thairby, and wald not giwe thame out of his hands till he sould sett to his nottes and woyce to the samen, the prouest causit draw up the samen litt ower againe on ane other paper, and desyrit the counsall present to give their woyces for chuseing of the counsall ; lykas, accordinglie, the said Gilbert Collisoun, Maister Thomas Gray, baillies ; Gilbert Mengzeis, Robert Johnstoun, Walter Robertsoun, Robert Alexander, George Mengzeis, and Paull Mengzeis, gawe thair woyces of new againe and markit the said paper ; and Mr Mathew Lum- mysden and Mr Robert Farquhar, baillies, refused to mack any new electioun in respect thay hawe gewine thair woyces alredie to the lites 86 EXTRACTS FROM THE [1635. 7 ^^g"^^"" filst drawin wp and presentit ; lykeas also Thomas Mortimer, Robert ^, — Cruikshank, Dauid Aedye, Alexander Bm-nett, Thomas Paip, Hew Ander- Election of -n n t the new soun, and (jreorge ryper, refused to nott or give than- woyces to any litt councell. except that quhilk wes fii'st di-a-svin up and markit be the said Gilbert Mengzeis and the foure baillies, quhilk wes gewin be Mr Robert Farquhar, baillie, to Patrik Leslie to be woyced be him, whome the prouest, Gilbert Mengzeis, and Gilbert Collisoun, wiolentlie, as thay allegit, impedit be following him frome place to place in the counsalhous, and drawing of the said Patriks hand and the pen frome the paper ; and the said Patrik Leslie desyrit the clerk to come and sie him mark the saids lites, conforme as he hes done to the rest of the hous, whahwnto the clerk ansuered he wes content SAva to do if the prouest, baillies, and counsall wold command him to that effect; and the said Patrik desyred a woice of the hous whither or no the clerk suld attend his marking of the lites, quhilk the prouest as moderator, the said Gilbert Mengzeis and Gilbert ColUsoun wald not suffer to go to wotiug, be reasone of my Lord Chancellares war- rant to the contrair; and the said Patrik taking the new lites in his hands, and begynning to nott the same eftir he had gewin his uote thairto, the prouest tuke the new lite out of his hand. . . . and immediatlie thaheftir the said Patrike Leslie went out of the counsalhous and returned bak againe within a short space with the said first lites in his hand, notted, and woyced be him in presence of Robert Merser, messinger, and nottar, as he declared and presented the same to the saids Thomas Mortimer, Robert Cruikshank, and remanent persones, his adherentis aboue named, for putting thair nottes and woyces thairto, desyring the clerk to attend thair marking, notting, and woycing of that litt as he had done abefoir. Bot the said Sir Paull Mengzeis, prouest, &c. . . . commaudit him to the contrair, becaus the said Patrik Leslie had alterit the forme of the electioun be carieing the lites furth of the counsallhous, and putting his notes and markes thairunto in ane uther hous privatlie be himselflf allane, and presenting the same markit be him as said is . . . Lykas the said Su- Paull requyrit the saids Maister Matho Lummysden, Maister Robert Farquhar, baillies, Robert Cruilcshank, Thomas Mortimer, Alexander 1G35.] RECORDS OF THE BURGH OF ABERDEEN. 87 Buniet, Dauid Aedye, Thomas Paip, Hew Andersoun, and George Pyper, 7 October to proceid in the said electioun, as thay who hes woce thairin, and to nott ^, — ^ . 1 . r. 1 Election of thair wyoces wpoun the said second lite, whairunto the remanent oi the the new counsall wha had power to wote had alredie woted. . . . Quhilk thay all refuised to do, and wald wote to no lites except that qiihilk the said Patrik Leslie, the said Gilbert Mengzeis, and the foure bailies, had alredie notted. . . . Lykas the said Patrik gewing the first lite to thame furth of his said markis. . . . thay all went on and sett to thair noites and voyces to the samen desyiring the clerk to number thair nottes and woyces, quhilk the said prouest. . . . inhibite the clerk to do, be resone of the blotting of the said lite. . . . And the saids Patrik Leslie, Mr Mathew Lummysdene, Mr Robert Farquhar, Robert Cruikshank, Thomas Mortimer, Alexander Burnet, Dauid Aedye, Thomas Paip, Hew Andersoun, and George Pyper, be resone of the said contramand gewin to the clerk to number thair woyces, went avay all of thame togidder abruptlie furth of the counsalhous, and left and deserted the said electioun for thair pairtis. In respect whairof the said Sh- Paul Mengzeis, . . . protestit against thame and ewerie ane of thame for thair wilful contempt of the said chairge, and that thay be ansuerable to his maiestie and lords of privie counsall for the same ; and the said Mr Mathew Lummysden . . . and remanent persones. . . . protested in the contrair. . . . And than the said Sir Paull Mengzeis, prouest, and sic uthers of the magistrattis and counsall as remaned with him, to witt, Gilbert Colin- soun, Maister Thomas Gray, baillies, Gilbert Mengzeis, Robert Johnstoun, Walter Robertsonn, deane of gild, Robert Alexander, George Mengzeis, and Paul Mengzeis, for obedience to the chau-ge of the saids letters, and for preserwatioun of the tounes liberties proceidit to the electioun of the said new counsall. . . . and . . . thay electit, nominat, and choosit thir persounes eftir following, viz., Gilbert Cullen, Thomas Colli- soun, Johne Hay, George Johnstoun, yo^, Willeame Forbes, yo"", George Moresoun, Thomas Nicolsoun, Paull Collisoun, George Cullen, Robert Smyth, Paull Inglis, James Robertsoune, Willeame Patrie, James Chrystie, tailyeour, and Robert Forbes Baxter, to be of the new counsall of this 88 EXTRACTS FROM THE [1635. 7 October burghe for the yeire to come. ... to the quhilk new counsall swa — ^ electit. . . . thir foure personis of the auld counsall. ... to the new witt, Sir Paull Mengzeis, Gilbert Mengzeis, Robert Johnstoune, Mr Thomas councell. Gray, wer electit and chosin to be lykewayes counsellours. . . . Thay proceidit to the electioun of the magistrattes and uther officemeu of the bm-ghe for the yeir to come. . . . and . . . thay electit and chusit ane honorable man, Robert Johnstoun, to be prouest. . . . and . . . thay electit and chusit Johne Hay, George Johnstoun, youngar, Wnieame Forbes, younger, and George Moresoun, to be baillies. . . . . . . thay electit and chusit Paull Colinsoun to be deane of gild. . . . and thay electit and chusit Robert Smyth to be thesaurar. 4 Nov. 4 November 1635. 1635. Ordinance The samen day the prouest, baillies, and counsall expresslie dis- againis tlie ^ ... carying of charges and inhibites any Wind bowattis to be cariet throw the toune heiraftci', ather be schollares or wtheris quhatsumeuir, wnder the payne of braking of the saidis bowattis and warding of the cariers thairof, and ordanis intimatioun heirof to be maid be the drwm, that nane pretend ignorance; and siclyke the saidis prouest, baillies, and counsall statutes and ordaines that na maner of persone be fund vagand on the streites efter ten houris at nicht, wnder the payne of warding, and to be wther- wayis punishit at the descretioun of the magistrattis, according to thair demerites. bowattis on the streittis. 4 Nov. 1635. Money collected for the ministers of the Palatinate to be lent for the use of the minister at Futtie. 4 November 1635. The said day the prouest, baillies, and counsall ordainis the moneyis in Andro Burnetis handis, collectit for the distrest ministeris of the Pala- tinat to be upliftit be . , . and employit on profite for the wse and behove of ane of the tonnes ministeris, sei-ving the cure at the kirk of Futtie ; lykeas now as then, and then as now, they destinat and appoint the said soume to the use foirsaid in all tyme comeing. 1635—1636.] RECORDS OF THE BURGH OF ABERDEEN. 89 18 November 1635. 18 Nov. 1635. The samen clay the prouest, baillies, and counsall bemg ci'ediblie Anent a informed that the right reverend father in God, Adame, Bishop of Aber- [heBi'shop! deine, is to repau- to this his diocie shortlie for making of his residence thairin with his familie and servandis, and considering that he cannot be commodioushe easit within his awin pallace in auld Aberdeine for the present, thairfoir they appoint Robert Smith, thesavu-er, to tak and pro- vyd ane comodious ludgeing within this burghe for the said bishopis use till Witsouday nixt wpoun the tonnes chairges, and to have the same redie and prepaii-it againis his heir comeing. Apud Aber den quinto die mensis Februarii, anno domini millesimo sexcentesimo 5 Feb. trigesimo sexto. The qnhilk day, in presence of Robert Johnstoun, pronest, Panll Decreit Collisoun, deane of gild, Paull Inglis, James Robertson, James Crystie, Privie tailyeom-, and Robert Forbes, baxter, fom-e of the present councellouris of a,°™t''ti,e the burghe of Aberdeine, conveinit in the tonnes counsalhous, compeuit ^1,^^^°" ?^ Mr Mathew Lmnmysden, burges of the said burghe, and produceit ane stiattis and councGll decreit of the lordis of his majesties most honorable privie counsell, of for this the date the tuentie sext day of Januar last by past. . . . quhairoff the tennour followes : — " At Edinburghe, the tuentie sext day of Januar, the yeire of God M sex hundreth and threttie sex yeires, anent oure soweraine lords letteris direct makand mention, fibrsameikle as his majestie is informed that the prouest and others, officers of the biu-ghe of Aberdeine, hes beine chosin this yeere contrare to the approved custome of that bui-ghe used at all preceiding tymes, wherin his majestie being unwilling that anie innovatioun be made, or any factious or unlawful way be used, quhilk may procure and foster distractioun in the said toune ; and anent the chairge giwen to Robert Jonston, present pro west, Sir Paull Mengzeis, late prowest of the said burghe, George Jonstoun, Johne Hay, George 1 M 90 EXTRACTS FROM THE [1636. the magi- and Walter Robertson, clerk of the said bnrghe, to hawe compeirit befoir conncell the saids lords in maner following, to witt, the present provest and baillies, 5 Feb. Moreson, and Willeame Forbes, present baillies of the said burghe, Gilbert — ' Colisone, Mr Thomas Gray, Mr Mathew Lummysden, and Mr Robert Far- Dccrcit • • Lordis of quhar, late baillies of the said burghe, Gilbert Mengzeis of Pitfoddells, Councell Walter Robertson, merchant, Robert Alshonnar, George Mengzeis, Paull el"ect'on'of ■'^^^S^®^®' JO'^g^i') "^^ho wes counsellers of the said bnrghe this last yeir, the mag strattis s conncell yeh*'&c those who were in office this last yeere bygaine, to have compeii-ed be thame selffis, or be twa of their number for either syde ; and the per- sons forsaids who were counsellei's of the said burghe this last yeere by- gaine, and the said Walter Roberson, clerk, to have compeirit personallie before the saids lords at a certaine day bygaine, and the said Walter Robertson to have brought and exhibite with him the acts of the electioun of the present provest, baillies, and counsell of the said burghe, with the haill acts, minuts, instruments, and protestatiounes tane in the said elec- tioun, and the lytis of both the saids pairties at the electioun, to have bene scene and considderit be the saids lords ; and if it sould be fund that the said electioun hes not beene made according to the usuall and accus- tomed maner observit in the said burghe, that than and in that cais to have heard and scene thame decernit to nominat for this yeere maister Alexander Jaffray to be thair provest ; and thair officers, who this last yeere had the chairge to be continewed ; and the persons forsaids who wer counsellers of the said burghe this last yeir, to have ansuerit upoun tliair behaviour and cariage in the said electioun, and for thair proceiding thairin aganis the ancient custome of the said burghe ; and thay and all the personis forsaids to have compeirit in maner forsaid, wnder the paine of rebellioun and putting of thame to the horne, with certijScatioun to thame if thay failzied, letteris sould be direct simpliciter to hawe put thame thairto ; lykeas at more length is conteaned in the saids letteris, execu- tiouns and indorsatiouns thairof, quhilks being callit, and the saids Sir Paull Mengzeis, George Johnstoune, Gilbert Mengzeis of Pitfoddells, Walter Robertsone, merchant, Robert Alshonner, George Mengzeis, and 1636.] RECORDS OF THE BURGH OF ABERDEEN. 91 Paull Mengzeis, yonger, Mr Robert Farquhar, Gilbert Colisone, Mr Mathew 5 Feb. Lummisden, and Walter Robertsone, toune clerk, compeiraiid all person- Dccrcit allie ; and the said Robert Johnstoun being excused by ane testimoniall, Lordis of testifieing his infirmities and inabilitie to travell ; and the saids George CQ^^^cell Johnstoune and George Moresone compeirand in name of the saids Johne f nen); the ^ _^ _ election of Hay and Willeame Forbes, and the said Mr Thomas Gray being excused the magi- in respect of his absence furth of the cuntrie afore the charge foirsaid councell given to him for his compeirance, the said Walter Robertsone, clerk, for yg\/''&(; obedience and satisfactioun of the chairge foirsaid, given unto him, pro- ducit and exhibite befoir the saids lords the process of the electioun of the present prouest, baillies, and counsell of the said burghe, with the acts, minuts, instrumentis, protestatiounes, and lyts made and tane in the said electioun ; quhilk proces, acts, instrumentis, lytis, and protestatiounes being red, hard, and considderit be the saids lords, and thay being thau-- with and withall that wes proponed, producit, and alledgit be either pairtie in this mater weele advysed, the lords of secreit counsell findis and declaris that the said electioun hes not beene made in that faire and peaceable maner quhilk became dewtifull and goode subjectis to have done in a mater of this kynde, quhilk hes occasioned and fosters some factions and hearts-burning among the neichbouris of the said burghe, to the disturbance of the ptiblict peace and tranquillitie of the same, and thairfore the saids lords, according to his majesties missive letter, written and directed to thame, hes nominat, made, and electit . . . the said Mr Alexander Jafifray to be provest of the said burghe for this present yeere, to witt, till the ordinar tyme of electioun about Michaelmes nixt ; and lykewayes hes continowit and continowis that same space the baillies, deane of gild, thesaurar, and counsellers of the said burgh, being traffic- queing merchants and actuall inhabitants within the same burghe, and suche as ar of anie other conditioun or qualitie, that they be removed and others chosin in thair place, in than- severall charges, places, and offices whairin they servit this last yeere bygaine, to witt, afore Michael- mes last, ordaining and commanding thame as thay will be ansuerable 92 EXTRACTS FROM THE [1636. the magi- to the furtherance and advancement of thair place and chairge, and good councell of 'the said burghe, as thay and everie ane of thame will ansuer wpoun 5 Feb. upone the dewtie of thair chau-gc to accept the said charge in and upon thame, and to continew in the administratioun and discharge thairof till Dccrcit Loiflis of the tyme foirsaid, commanding heirby the haille inhabitantis of the said Councell burghe to reverence, acknowledge, and obey the magestratis now nominat, electioifof ^^®*^^®^> continewed be the saids lords in all and everie thing tending the mag strattis a councell ye'ir'^&c contrare at thair peiTcU, commanding also the persons who sail have vote in the said electioun, heireftir to make thair electioun in a faire and peaceable maner, according to the ancient custome of the said burghe, so that his majestic be not farther trublit thairwith ; and the saids lords de- claris that thir presentis salbe without prejudice of the liberties of the said burgh heirefter, and quherwnto this decreitt and ordinance sail mak no derogatioun. Extractum de libris actorum secreti consilii S. D. iV. regis per me Jacohum Primerose, clericum euisdem sub meis signo et suhscriptione manualihus. Sic suhscrihitur Jacobus Pi'gmrois." Efter production and publict reiding of the quhilk decreit, the said Maister Mathew Lummysden intimat the samen to the saids Robert Johnstoune, Paull Colisone, PauU Inglis, James Robert- soun, James Crystie, and Robert Forbes, requiring thame to g-ive obedi- ence thairwnto, be removing thameselffis frome thair places andoflfices whairin thay haue serwit fra Michaelmes last, and be giving way to the prouest, baillies, deane of gild, thesaiu-ar, and couusellouris, electit in thair rowmes be the decreit abouewrittin. . . . For obedience to the quhilk decreit, iutimatioun, and requisitioun . . . the said Robert Johnstoun, Paull CoUisoun, Paull Inglis, James Robertsoun, James Crystie, and Robert Forbes, for thame selflSs and thair awin interest, with all dew respect instantlie removed thameselffis ftu'th of the cotmsalhotis in peace and calme maner, and gave way to the prouest, baillies, deane of gild, thesaurar, and councellouris elected in thair rowmes be the said decreit . . . and siclyik wpoun the tent day of the said moneth of Februar, the yeir of God foirsaid, compeirit within the tounes couselhous, Alexander Gariauche, messinger, and producit oure soueraine lords letteris, given 1C3G.] RECORDS OF THE BURGH OF ABERDEEN. 93 and direct be the saids lords of privie counsell ... be wertew \q^q' whairof the said Alexander Gariauche, in oure soweraine lords name and — Dccrcit auctoritie, chairgit the said Mr Alexander JafFray to conveine within the Lordis of counselhous of the said bm-ghe, within tuentie four houres efter the charge, Councell under the paine of horning, and there to accept wpoun him the office of prouestrie of this burghe till the electioun at Michaelmes nixt, and to give the his aith for faithfull administratioun thairin, and siclyk chargit Gilbert councell CoUison and Mr Mathew Lummysden, twa of the baillies of the said burghe ye'ij.'^'^&c. the yeire bygaine ; the other two baillies, to witt Mr Thomas Gray and Mr Robert Farquhar being absent out of the toune, the ane at his woyage in France, the other in Edinburghe ; and in lyik maner chairgit Sir Paull Mengzeis, Robert Johnstoun, Patrik Leslie, Walter Robertsoun, merchant, Thomas Mortimer, Robert Alexander, Dauid Adye, George Mengzeis, Thomas Paip, Paull Mengzeis, Hew Andersone, goldsmith, and George Pyper, wricht, to accept the office of counsellouris m and wpoim thame, and thairwith such other particular offices as thay did bear and exerce the yeire bygaine. . . . and to giwe thair aithes for faithfull adminis- tratioun of the samen . . . conforme to the tenour of the saids let- ters in all poyntis whau-of the tennour followes : " Charles . . . For- sameikle as the lords of oure privie couusaill, upoun dyvers good respectis and consideratiouns importing the peace and quietnes of oure burghe of Aberdeine, and setling the government thairof this present yeere, hawe made choise of Maister Alexander Jaffi'ay to be prouest of oure said bm-ghe for this present yeere, and hawe continewed the baillies, deane of gild, thesaurai-, and counsell, who served the last yeere, to supplie the same place and charge this yeere, Oure will is . . . that . . . you . . . charge the present prouest, baillies, deane of gild, the- sam'ar, and the remanent personis who wer wpoun the counsell of om-e said burghe this last yeere bygaiu, to conveine in the counselhous of oure said burghe within tuentie foure houres nixt efter thay be chairgit be yow thairto, and theire to accept the saids offices respectiue wpoun thame. . . . wnder the paine of rebellioun and putting of thame to 94 EXTRACTS FROM THE [1636. 5^eb. oure home . . . Given under our signet at Edinburghe, the tuentie -— sext day of Januar, and of oure reigne the ellevint yeire M sex hundreth Dccrcit o •/ Lordis of threttie sex." For obedience to the chairge of the whilkis letteius and de- Councell ci'eit foirsaid. . . . compeirit personallie within the said counselhous anent the ^he said Maister Alexander JaflFray, and declared and profest publictlie in election of ' r r the magi- presence of the counsell. . . . that he wes nowayes accessorie to the strattisand .„ .... t • -i ^ i e councell procuremg oi any suche warrant frome his majestie to the saids lords oi yeir,''&c. pi'ivie councell for making nominatioun or electioun of him to the said office of prouestrie, neither wes he desyrous of suche a bui'dine, newirtheles hum- blie acquiescing in his majesties royall pleasure . . . the said Maister Alexander JaflFray acceptit of the said office of prouestrie of this burghe in and wpoun him till the ordinar tyme of electioun at Michaelmes nixt . . . and lyikwayes compeirit the saids Gilbert Collisoun and Maister Mathew Lummysden . . . and . . . acceptit the said office of baillierie . . . Siclyik the said Walter Robertsoun, merchant . . . acceptit the office of deanrie of gild . . . And in lyk maner the saids Sir Paull Mengzeis, Robert Johnstoun, Thomas Mortimer, Robert Alex- ander, Dauid Aedye, George Mengzeis, Thomas Paip, Paull Mengzeis, Hew Andersone, and George Pyper . . . acceptit the office of counsellouris . . . Moirouer, the saids prouest, baillies, and counsall, tacking to thair considderatioun whereas be the saids lords decreit . . . it is speciallie declared that the baillies, deane of gild, thesaurar, and counsellouris of the said burghe . . . shuld be continewit . . . thay being alwayes trafficqueing merchants and actuall inhabitantis within the said burghe . . . and in respect Gilbert Mengzeis of Pitfoddells, who was a counsalour last yeire, is nowayes a merchant trafficquer, bot is the kingis barone, and hes bene commissionar chosin for the barounes of the shirrefifdome of Aberdeine to parliament and conveutioun of estates, it wes . . . fand . . . for the most pairt that the said laird of Pitfod- dells falls within the compass of the said exceptioun . . . lykas they declare him not to be a counsalour . . . thaifefter compeired the said Patrik Leslie, who was chairgit as being a counsallour the yeere 1636.] RECORDS OF THE BURGH OF ABERDEEN. 95 bygaine , . . and producit ane act of the saids lords of secreit coimsell, wliairby thay hawe exemit him to be a counsallour for this present yeire — Dcci'Git for the caussis conteinit in the said act whairoff the tennour followes, — Loidis of " At Edinburgh, the tiientie eight day of Januar, the yeire of God M sex councell hmidreth and threttie sex yeires, Anent the supplicatioim presented to the gjg^jj'^^'^^f lords of secret counsall be Patrik Leslie, merchant, burges of Aberdeine, the magi- str yeires thame to contryve his ordmar lecture oi the mathematieques m a foiu'e couise. yeires course, to the effect the studentis and heirares may ha we the com- moun benefite at the change of everie course as in other professiounes ; to the quhilk des^TC the said Doctour Williame Johnstoun most willinglie condiscendit and agriet and promeist so to do, albeit to his gryter paiiies, as being most profitable for the schollares and studentis of mathema- ticques. iig^P"' 11 April 1638. ance'toun "^^^ same day, Robert Cruikshank producit ane acquittance gewin be of Air on ^j^g toune of Air on the recept of ane thowsand merkis contribute be this the ressett _ ^ ^ ^ of our con- toune towardes the relieff of thair nichtboures, captives in Argires, con- for releiff teuing the said toune of Airis band for reporting a certificat that the captives, saids moneyes ar employit to that vse, and that within twa yeiris eftir the date of the said band, quhilk is dated at Air the fyfteine of Februar 1638, vnder the paine of refounding back againe the said thowsand merkis. 25 April 25 April 1638. 1638. Missive The said day, the prouest, baillies, and councell haveand resauit ane Maiestic. missive letter direct to thame frome cure souerane lord, the kingis most excellent Maiestie, thay ordane the same to be registrat in the counsall register of this burghe, ad futiiram rei memoi'iam, quhairof the tenom- fol- lowes : To oure trustie and weilbeloued the prouest, baillies, and coun- cell of Aberdeine and ministrie thairof — " Charles R., Trustie and weilbeloued, we greit you weel, hawing 1638.] RECORDS OF TPIE BURGH OF ABERDEEN. 125 vnderstood frome the reverend father in God, the Bishop of Aberdeine, -^gg^'"' of the testimonie giwen by you at this tyme of your affection to our ser- — 1\1 issi vG vice, which is the more considerable in regaird of the neglect of otheris, from his wee giwe you hearty thankis for the same, wilhng yow to continue as yow hawe begune, and be assured we will not be unmindfull thairof when any occasioun shall offer, whairby you may find the effects of oure princely favour. Wee bid yow fairweill ; frome oure court at Whitehall, the nynt of Aprile 1638. 16 May 1638. 16 May 1638. The said day the prouest, baillies, and counsell ordaines intimatioun AnenTthc to be maid be the drum throw the haill toune, that na taverne nor aill °^ •„ ' wyne, aill, seller within this burghe sell any wyne, aill, or bier in tyme coming eftu- or bier, ten houres at evin, under the paine of ten punds of unlaw, to be exactit of the contraveinar, toties quoties, efter convictioun, but fauour or mitiga- tioun, and employit on the tounes commoun effaires. 23 May 1638. 23 May ^ . . . . 1C38. The said day George Pyper, deacone, convemeir of the craftis of this — burghe, Wiileame Nicolsone, deacone of the hammermen, Willeame Ord, of craftes deacone of the wrights and cowpei'is, Johne Middiltoune, deacone of the colivocat-' baxtares, James Geddes, deacone of the tailyeouris, George Farquhar, ^"ffj'ig'^iij deacone of the cordonares, James Clark, deacone of the wobstaris, and armes. Thomas Dempster, deacone of the fleshoures, being convenit befoir the prouest, bailKes, and counsell of the said burghe, for the riott eftir specifeit, and compeiring personallie befoir thame, wer accusit for convocating the haill ffiemen of thair saidis craftis, with all thair servantis and prenteissis, vpon Mononday last, the tuentie ane day of Maii instant, be fy ve houris in the morneing at the craftis hospitall, and thaireftir convening thame all at the mercat croce in armes be eight houris, and in the meintynie, when as a number of seckis of meill to the number of fourescoir seckis or thairby 126 EXTRACTS FROM THE [1638. 23 May that wer broclit in that day frome Skeine, to hawe beine embarked in 1638 — Martin Schankis schip, wes stayed and laid doune at the mercat place, DcticoriGS of ciaftes the saids craftis with thair servantis and prentisses being convenit at the convocat-' ™ei"cat crocc in armes as said is, with swords, pistollis, and lang wapynnes, ingr tliair tbay mellit and intromittit with the said wictuall, wiolentlie and at thair craftis in ~ ^ amies. awin handis compellit the men that brocht in the same to carie it on thair awin horssis fra the mercat place to the said hospitall, and convoyit the same the haill way in armes as said is, notwithstanding that thay wer commandit and chairgit be the magistrattes, and particularly be Mr Thomas Gray and George MoresoTui, baillies, in his maiesties name, to dissolue thair tumultuous and mutinous melting, and to desist and cease from melling with the said wictuall or caiTieing the same away, bot depairt and go home in peace to thair houssis, quhilk thay most proudlie and con- temptuouslie disobeyit, be going on insolentlie in carieing away of the said wictuall to thair said hospitall, whairby they keip, haiild, and detein the same as yit; quhilkis deacones being acci;sit of the said convocatioun, in- solencie, contempt, arid disobedience to thair lawfull magistrattis, thay confest thair mettinge at the said hospitall the tyme foirsaid, and that the said deacone, conveinar, gaiue order and directioun for that meitting, and that the haill friemen of the saidis craftis, with thair haill servants and prenteissis, suld be in reddines to stay the transportatioun of any victuall out of the herbrie of this burghe, bot denyes that thay gawe command or wer anywayes accessorie, airt or pairt, of the melling or intromitting with the said victuall, or tacking away of the same, bot wes mellit with and cariet away be a confused multitude, wha wald not be stayed be thame as thay alledgit, and for quhome thay culd not auswir : anent the quhilkis premissis, the saidis prouest, baillies, and counsell haAving taikin in tryell and probatioun, they fynd the saidis haill deacones, and prin- cipallie the said George Pyper, deacone conveinar, giltie of the said convocatioun, and conseqTientlie of the said tumult, disorder, and com- motioun that followit thairupoun, as lyikwayes of the said contempt and disobedience gewin to the command and chairge foirsaid of thair law- 1G38.] RECORDS OF THE BURGH OF ABERDEEN. 127 full magistrattis, in sa far as the said craftismen, tliair servandis and ^^g^g^ prenteissis wer all convenit in armes the tyme forsaid, at command and — 1P1--T1 111 1 in 1- Deacones be warrand oi than- saids deacones, and wald not be stayed irome than- of craftes •wiolent melling with the said wictnall, and carieing the same to thair coJJvocnt-' said hospitall, notwithstanding of the chairge forsaid, gewin to thame to '^l^^^f^fl'^ desist and cease thau'fra, and to depairt and ga hame to thair houssis in armes. peace ; and siclyik finds that the said Thomas Dempster, deacone of the flesheris, was personallie present in armes, and assistit the away tacking of the said wictuall, be convoying the same fra the mercat place to the said hospitall ; in respect wherof the saids prouest, baillies, and counsell decernis and adjudges the said George Pyper, deacone conveinar, in ane vnlaw of ffourescoir pundis, and ilk ane of the remanent deacones aboue named in ane vnlaw of ffourtie pundis, to be payed to the deane of gild of this burghe for the publict vse of the toune, and ordaines the said haill deacones to be presentlie committed to waird, and to remaine thairin till thay pity the saidis vnlawes ; and lykwayes ordaines thame to satisfie and pay the awnares of the said victuall the full pryces thairof, sic as sould hawe beine payed to thame be the merchandis that bought the same, and to restoir and delywer back againe to the tennentis inbringeris of the said victuall, thair awin seckis, or the just valour and pryce thairof; and withall ordaines the saids haill deacones to compeir within the tolbuith of this burghe, in ane fenceit court, and thair in pre- sens of the magistrats and counsall, humblie to crawe God and thame pardone for the said riott and dissobedience, and promeis opinlie newir to commit the lyik in tyme coming. 4 Jufy 1638. 4 July 1638. The said day, the prouest, baillies, and counsell ordaines Adame ^ ],^of Gordoun, maister of impost, to cans big and put wp ane heid of steine steincwark wark at the end of the Trinitie frieris burne, forgainis the kirk of Futtie, andVoad-^ for livering and loadning of shippis and barqueis thairat, quhilk at all "'"^ occasiounes cannot convenientlie floitt with thair gudes. 128 EXTRACTS FROM THE [1638. IJgfg^y 16 July 1638. Tlie coun- The quhilk day the prowest, baillies, new and auld couusellis and ccllis rC" fiisall as of deaconis of craftis, with dywers wther nightboures of gude respect within subscrywe toune, who wer warnit to be present this day to giwe thair adwyse in nant"^*^' matter eftir following, being convenit in the tounes counselhous, it wes exponit to thame be Robert Johnstoun, prowest, that adverteisment is come frome South that some nobillmen, barrones, and ministeris ar to repair to this burghe on Friday nixt, the tuentie day of Julii instant, and to deall with the magistrattis and councell, as also with the bodie of the toune, for mowing thame to subscrywe the neAV covenant and oath obtrudit of late vpoun this kirk and kingdome, without warrand from his Maiestie, or Lordis of Privie Counsell ; quhilk covenant being presented of befoir to the magistrattes and councell of this b\u*ghe vpoun the sexteine day of Marche last, be some barrones and commissionares fra some of the burrowes, to hawe beine subscrywit at that tyme, the magistrattes and councell then plainelie and absolutelie refuisit to subscrywe the same, for divers just reasones signifiet and imparted be thame to the saids barrones and commissionares : lyikas notice being gewin to his sacred Maiestie of oure refuissall to subscrywe the said covenant, his Maiestie wes thair- wpoun gratiouslie pleased to direct his missive to the prouest, baillies, and councell of this burghe, acknowledging that thair refuissall to be gude service done to his Maiestie, which he declaired to be the more con- siderable in regaird of the neglect of otheris, willing ws to continew as we haue begwn, and assuring ws that he shuld not be vnmyndfull thairof when any occasioun shuld offer whairby we might fynd the effectis of his priucelie favour, as the said missive gewin frome his court at Whythall the nyut of Aprill last, at more length proportis. In consideratioun whairof, as lyikwayis be reasoun of his Maiesties proclamation this day, published at tlie mercat croce of this burgh, whairby his Maiestie not onlie makes ample declaratioun that his true meaning and intentioun is Qot to admitt of anie innovatiounes uther in religioun or lawes, bot cair- 1638.] RECOllDS OF THE BURGH OF ABERDEEN. 129 fiillie to mantein the true Protestant Christian religioiine professit and ic July 1638 estabHshed in this kingdome, and nowayes to suffer the lawes to be — ' infriugit, bot lyikwayes requyres and heartihe wishes all his gude people cellis le- cairfullie to aduert to any suggestiones in the contrair, and not to permitt befoil- to°^ thameselffis blindlie, vnder pretext of religioun, to be led in disobedience, s"bscrywe . . ... ^ . . . . the cove- and draw on (infinitlie to his Maiesties greiflf) thair awin rwine, as at mair nant. length is contenit in the proclamatioun, and therefor the said Robert Johnston, prouest, most earnestlie desyred the said new and auld coun- cellis and deacones of the craftis, convenit as said is, to carie thameselffis wyislie and circumspectlie in the busienes, exhorting thame to continew in thair dutiefull obedience and service to his sacred Maiestie, and to refuise as of befoir to subscrywe any such covenant, vnder the paine of his Maiesties high displeasour, and as thay would eschew thair awin rwine and loss of oure toune liberties, for quhilk eifect causit reid opinlie in councell the said proclamatioun : eftir the reidinge quhairof, the saids prouest, baillies, new and auld councellis, and deacones of craftis, and remanent nightboures present for the tyme, finding thahby such a reall testimonie not onlie of his Maiesties sinceritie for manteinance of the true religioun professit and established in this his Maiesties ancient kingdome, lawes, and liberties thairof, bot lyikwayes of his Maiesties speciall grace and favour in passing ower all bygaine misdemeanours of his subiectis, so long as his Maiestie sies not royall auctoritie shaiken afif be thame : Thairfoir the saids prouest, baillies, coimcellis, deacones of craftis, and remanent nightboures convenit for the tyme, representing the bodie of the toune, declaned that thay were resolved, Godwilling, according to thair bund duetie and alledgance to thair sacred soveraigne, to continew in obedience and loyaltie to his Maiestie, and nowayes to do or attempt anything that may giwe his Maiestie just occasioun of offence, and for this effect votted and concluded that the magistrattes and counsall sail absolutlie refuis as of befoir to subscrywe the said covenant as magis- trattes and counsallours, or in name and takand burdine wpoun thame for the bodie of the toune : bot if any particular persoue of the toune or 1 R 130 EXTRACTS FROM THE [1638. 16 July counsell, of tliuir awin acord as privat men will tak wpoun tliame to 1638 — ' subscrywe the same, notwithstanding- of this his Maiesties gracious de- ccllis re- claration fou'said, published as said is, thay declair that what thay do in befoirto"* this kynd salbe wpoun thair awin perrill and hazard, as thay wilbe subscrywe answerable to his Maiestie. the cove- nant. 24 July 24 July 1638. 1638. Anent the The quhilk day in presens of Mr Thomas Gray and George More- escaping .... . . . . of Alexr. soun, baillies, Elizabeth Keith, relict of vmquhill, Willeame Leisk of that Seward."' ilk, being accusit for being airt and paht of the oscaiping of Alexander Keith of Balmuir out of waird furth of the tolbuith of this burghe, the tuentie third day of July instant, in ane trunck whairin he wes secretlie inclosed be the said ladye of Leisk, and Marie Keith, daughter of the laird of Ludquhairne, be the assistance of Hay, relict of wmquhill, Maister Gilbert Keith, minister at Skeine, wha wer lattin in to the waird- hous to visite the said Alexander Keith, declairit that quhat scho knew of that busines scho wald not tell it till scho wer convenit befoir Supreme Judges ; bot it being declarit to her be the baillies, that the toune wes lyabill to great prejudice be the said Alexander his escaiping, she ansuerit that quhen the matter was in plotting, scho spak to her brother in thir termes, " God forbid that the toune of Aberdeine be wrangit ;" and forder, scho declarit that there was none that helpit to put her brother in the trunk bot oulie herselff, Ludquhairne's daughter, and ane wther gentill woman callit Hay : and the rest of the wardouris, to witt Johne TillideflF, Thomas Watsoun, his wyf, and Willeame Gordoun, being demandit quhat they knew of the busines, declairit that at Alexander Keith's intreatie they wer remowit to the heighe chamber of the said wau'dhous, and knew nothing of his escaiping, neither did they sie any persons thair but onlie the wemen, Nathaniell Leysk, and George Panton. 1G38.] RECORDS OF THE BURGH OF ABERDEEN. 131 Eodem die. Eodem die. The said day in presens of Maister Thomas Gray and George More- Sleick • • • officiGr soun, baillies, Robert Sleike, ane of the tonnes ordinar serjands of the said committit bnrghe, being accnsit for snffering and permitting of Alexr. Keith of Bal- ^° waird. muir to escaip furth of waird yeisterday be his sleuth and neghgence, and for being airt and pairt thairof, he being keipar of the wairdhous, and hawinge the keyis thairof for the tyme, and not hawing his nichtboures with him at the opning of the doore according to the injunctiounes, and for snffering and permitting Elizabeth Keith, ladye of Leysk, Marie Keith, daughter to the lau-d of Ludquhairne, Hay, Nathaniell Leysk, and George Pantoun, to hawe access to the wairdhous for accomplishing of the said work, denyit that he was anywayes airt or pairt of the com- mitting of the fact, or that he knew anything thairof, but confest the escaiping of the said Alexander be his sleuth and negligence, in that he sufFerit the foirnamed persones to go wp to the wairdhous and remaine thair till the turne wes done, and till the trunck whairin he wes inclosit wes brought out of the wairdhous and cariet to the pier, whairas he sould not hawe permittit any trunck, kist, or coffer to hawe beine trans- portit or cariet furth thairof, bot by the consent and warrant of the magis- trattis or some of thame, for the quhilk the said Robert wes committit to waird, thairin to remaine till the magistrattis tak forder ordour in the busines. 25 July 1638. The quhilk day the prouest, baillies, and councell ordaines a com- missioun to be procured frome the lords of his Majiesties most honorable privie counsall for searching, seiking, and apprehending of Alexander Keith of Balmure, who escaped by a slight out of waird furth of the tol- buith of this burghe vpoun the tuentie thrie day of July instant, and sic- lyik to send for letteris to inhibite all the lieges to intercommoun with him, as also to rais letteris againes the laird of Ludquhairne and his com- 132 EXTRACTS FROM THE [1638. 25 July plices, to vnderly the law for tacking violentlie and perforce frome Robert — -' Merser and Robert Irwing, messingeris, tuo captives, to witt Willeame sioun to be Daniell and Willeame Fywie, in Conyach, "whome thay had apprehendit for scarcli- '^po'^m captioun raised againes thame at the tonnes instance, as being his iiig and maiesties rebells for the caussis mentioned in the saids letteris of captioim, appro- . ..... hending and ordaines to send informatioun in thir particulares to Mr Robert Far- of .AIg^i* • ^ J Keytli. quhar, baillie, who is presentlie at Edinburghe, and withall to desyre him to gett om* tonnes signature advysed and consulted with his maiesties advocat, and to gett the same docketed be his lordship, that the same thaireftir may be in all convenient diligence send to court to be past be his maiestie, and ordaines to wrett to the said Mr Robert to deburse sic sums as salbe requisite for all theise efifaires, and what he sail deburse thair- wpoun, ordaines to be refoundit to him be the thesaurar at his returne. 8 August 8 August 1 638. 1G38. A wapiii- The quhilk day fForsameikill as be act of parliament it is appointed indicted. that thair shall be publict wapinschawing keipit yeirlie, alsweill to burghe as land, throughout the whole kingdome, for obedience to the quhilk act, and according to the laudable custome observed in this burghe, hes ap- pointed a wappinschaw of all the inhabitantis of this burghe, fensible per- sones, to be keiped, God willing, on Friday, the sewinteine day of this instant moneth of August, and for that effect ordaines ane chairge to be gewin be the drum, chairging all the inhabitantis within this burghe, both frie and vnfrie, fensible persones, to prepare thameselffis and be in redines to giwe thair mustures and wapinschawing in the commone linkis of this burghe, the foirsaid seventin day of August instant, weill furnished and armed with pickes, corslettis, muskattis, bandelines, and swordis, vnder the paine of fourtie pundis, to be payed be ilk persone absent, or that comes not sufficientlie armed, and giues thair aith that the armour thay bring belongis properlie to thameselffis, to be payed to the dean of gild to the publict vse of the toune. 1638.] RECORDS OF THE BURGH OF ABERDEEN. 133 15 August 1G38. 15 August 1638. The samen day the proiiest, bailHes, and counsall findis it expedient Thebaillies that thair shall be foure capitanes, foure lieutenentis, foure ensingzies, and t^mak'^^'^ tuelff seriandis, for leading and commandine: the inliabitantis of this c''"!® . . . . . capitanes burghe at the ensewing wapinschaw appoyntit to hauld the sewinteine and com- • • ■ ■ nitindGrs '•^^^^■ chairgit, and be thir presentis dischairges the cumpanie of the said trained band, that hawe beine exercising thame selffis in armes in dreilling sen the late wapinschaw, frome any forder dreilling, convocatioun, musturing, or lifting of armes within the toune, or in the feilds, till tliay procure a new warrant fi'ome the magistratts and counsell for that effect, vnder all hiest paine and danger that may incur for thair disobedience be the lawes of this kingdome, and ordaines intimatioun heu-of to be made be the drum throu the haill streittis of the toune, commanding and chairging in our soueraine Lordis name, and behalff of the Lord Prouest and baillies of this burghe, that no inhabitant within the same of what- soeiiir ranck, qualitie, or degrie, presume or tack vpoim hand to touch di'umme, lift cullouris or armes, or vse any suche publict exercise of dreilling or convocatioim in tyme comeiug, wntill thay be warranted be the magistrattis and councell to that effect, vnder the paine aboue specifeit, quhilk chau-ge was instantlie intimat be the drum to the effect none should pretend ignorance thairoff. 8 October 1638. 8 October 1638. The quhilk day the right uobill Marqueis, George Marqueis of Huntlie, '^^^^ tonnes COUSGllt to Erie of Engzie, Lord Gordoun and Badyenocht, accumpanied with the subscrywe right worschipfull Sir Alexander Irwing of Drum, knight, schirreff of Aber- fession of deine, commissionares appointit be the Lord Marqueis of Hammiltoune, ge',elall"^ his maiesties commissioner, and by the Lords of his maiesties most honor- ^'"^"^^ '^P^ ..... . poyuted able privie counsell, for requyreing all his maiesties lieges of whatsoewir be his rank and qualitie within the schirrefdome of Aberdeine, to subscrywe the be sub- Confession of Faith, dated the second day of Marche 1580, togidder with 1 S lieffcs. 138 EXTRACTS FROM THE [1638. 8 October 1638. The tonnes consent to subscrywe the Con- fession of Faitli and general! band ap- poynted be liis Maiestie to be siib- scrywed be all his lieges. the generall band for mantenance of the trew religion, and the kingis person, dated in anno 1589, conforme to his maiesties royall commande- ment and warrand givin for that effect be his maiesties declaration and letteris patent, published at the mercat croce of this burghe wponn the fyft day of October instant, hawing schawin and exhibit the said Confes- sioun of Faith and generall band, markit and snbsciyuit be the clerk of privie counsell, to the prouest and baillies of the said burghe, the said Lord Marqueis of Huntlie requyred the saids prouest and baillies to subscrywe the same, and to convene thair counsell and whole bodie of thair towne, and to requyre thame also to subscrywe the said Confession of Faith and generall band, as thay will be answerable to his maiestie and to the saids Lords wpoun thair dutie and obedience : the saids prouest and baillies, in hmnble acknowledgment of his maiesties pious and gratious disposi- tioun and affectioun to the puritie of God's trueth, and thairby finding thameselfiis bund in duetie and conscience to obey his maiesties royall commandiraents, causit conveine this day within thair tolbuith the whole bodie of thair toune be touk of drum, and being convenit, Mr Alexander Jaffray, prouest, causit reid publictlie in thair audience his maiesties de- claratioun foirsaid, togidder with the said Confession of Faith and generall band, and requyred thame all to subscrywe the same conforme to his maiesties royall pleasour published to that effect, as thay will answer at the contrarie wpoun thair obedience ; lykeas the said Mr Alexander Jaffray, prouest, for remoweing all scrupill out of the mynds of the people, desyred Doctor Robert Barroun and Doctor James Sibbald, tAva of the tonnes ministeris, to subscrywe the said confession and band, who, befoir thay gave thair subscriptiones, declared and protested befoir God and all men that wer present, that thay wer to subscrywe the said confessioun as it condemneth and abjureth all popish eiToris, idolatrie, and supersti- tion, reallie and indeed repugnant to God's holy word, and that thay do not wnderstand Perth articles and Episcopall govemament, or any doctrine, rite, or ceremony not repugnant to scripture, or to the practice of the ancient or moderne reformed and sound churches, or to the confessioun 1638.] RECORDS OF THE BURGH OF ABERDEEN. 139 of the Church of Scotland registrat in the acts of parliament, to be con- 8 October demned and abjured in it, and desyred that ane act sould be sett doune — and enacted heirwpoun, in perpetuall evidence and testimonie of this thair consent to conceptioun and vnderstanding of the foirsaid oath or confessioun ; lykeas, the Cmi-^ accordinglie thay did subscrywe the same in presens of the magistrattis °q and of the toune convenit as said is, and the said Mr Alex. JafFray, generall prouest, Johne Hay, and Willeam Forbes, declaired that thay wer to sub- poynted scrywe the said Confessioun of Faith riglitlie wnderstood, and as it doth ^^igstie condemne and abjure all popish erroris, idolatry, and superstitioun repug- *o nant to God's holy word, and that thay wnderstand not Perth articles be all his nor Episcopall governament to be abjured in it, and also without preju- dice of sound and laudable discipline authorysed and approven by the kirk and lawes of this kingdome, whairwpoun thay desyred ane act, ad futuram rei memoriam, and immediatlie thaireftir thay did subscrywe the said Confessioun of Faith and generall band, to the quhilk declaratioun made be the saids prouest, baillies, and ministeris, the most pairt of the bodie of the toune, convenit as said is, adherit, and so went on and subscrywit the samen confessioun and generall band accordinglie, with great harmonie and applaus ; lykeas Robert Crukschank, younger, adheres to the foirsaid declaratioun made be the saidis prouest and baillies, notwithstanding that he subscrywit the said confessioun and band, eftir the assemblie. 10 October 1638. ()ct. In the fii'st, the prouest, baillies, and counsell ratifies and approves Statute anent the the act and statute maid be thair predicessoures anent the keiping of the keping of sermones on the Sabboth day, whilk they ordaine to hawe effect and to mones. be putt in executioun againes the contraveinares, vnder the paines tliairin contenit, towitt, wnder the paine of twentie schillingis to be payed be ilk persone contraveinand, quha salbe fund absent from sermones ather befoir or afternoone on the Sabboth, to the collectour of the khk sessioun, for the vse of the poore, toties quoties, and incais of iuhabilitie or refuissall I 140 EXTRACTS FROM THE [1638. 10 Oct. 1638. Statute ancnt the keping of tlie ser- mones. of any oflfending in this kynd to pay the said penaltie presently effcir tryell and conviction, the ofFendares to be pwnished in thair bodies be im- prisonment, or aftir sic wther maner as the magistrattis sail injoyne, con- forme to the Actis of Parliament made againes the brakeris of the Lordis Sabboth. 31 Oct. 1638. TheTaill inhabi- tants of the toini, fensibill persones, to be trayned vp in militarie exercise. 31 October 1638. The said day anent the supplicatioiin giwen in and presented to the prouest, baillies, and counsell vpoim the sewinteine day of October in- stant, be the subscryuares of the militarie band, for thameselffis and repre- sentand all wtheris of this b\n-ghe who hes in mynd to follow militarie exercise of old in vse, bot now dishanted in this bin-ghe, humblie intreat- ing thair wisdomes of the counsall, that the said militarie exercises for thair educatioun and handling of armes and vse of militai-ie discipline be not interrupted nor hinderit, since the same wes undii'takin be wan-ant frome the late magistrattis and counsell, bot that thay may hawe culloris, drum, and vse of the said exercise and militarie discipline as formerlie thay had, promising, by God's assistance that thair salbe no disorder nor trubill be occasioun thairof as far as in thame lyes, as at more length was contenit in thair said supplicatioun, quhau-enent the prouest, baillies, new and auld counsallis having deliberatlie advysit, howsoewir the said exer- cise vpoun just grounds and reasenes was dischairget and interrupted, newirtheless, in hope of a more duticfull and respectiue cariage heir- eftir, thay find the exercise in itself laudabill and profitabill, and neces- sarie for the common weill, and thairfoir thay hawe statute and ordanit, and be thir presentis statutes and ordaines that the haill nichtboures of the toune, alsweill brether of gild, as craftismen and other inhabitantis thairof, fensabill persones, sic as pleassis to learne to handle thair armes, salbe traynit and instructit in the said militarie exercise of dreilling, and for that effect maid instantlie choose and nominatioun of Johne Leslie, ane of the present baillies, to be capitane, Mr Thomas Mei'ser, lieutenant. 1638.] RECORDS OF THE BURGH OF ABERDEEN. 141 Johne Mengzeis ensengyie, Walter Moresone, Alexander Alshinour, and ^j^gg'" Andro Knowis, seriandis, to whome the saids proviest, baillies, and conn- — , . p , . P 1 MT The haill sail committs the present chairge of the said militane exercise oi dreilling, inhai/i- and that during the covmsellis pleasonr, with power to the said capitane the\oun, and remanent officiares to cans carrye culloiiris, beat drummes, and lift fensible . . . persones, armes for dreilling and trayning wp of the nichtboiiris of the toune sic as to be pleassis, in militarie exercise and discipline weiklie ilk Monenday, begyn- vp m^*^ nand wpoun Monday nixt, the fyft of November, at ancht honres in the ^g'/g^se*^ morning, and so further weiklie thaireftir dm-mg the counsallis plesour as said is, prowyding allwayes that sic persones as sail frequent and vse the said exercise carrie thameselffis modestlie and calmelie, and that thay reteir to thair houssis at tliair dissolving ilk day of thair meeting, without shooting or spending of pulder ; and forder, the saids prouest, baillies, and counsall hes dischairgit, and be thir presentes dischairges, the late militarie band and all bandis to be made of that kynd heireftu-, except sic as salbe warrantit be the magistrattis and counsall of the bm'ghe for the tyme. 5 November 1638. 5 Nov. 1G38. The quhilk day anent the petitioun gewin in to the prowest, baillies. Petition and councell be a great number of the nichtboures of this burghe, con- directing cerning the directing of a commissioner to the Generall Assemblie, indicted ^"f- coiiirii IS" to hauld at Glasgo, the twentie ane day of November instant ; of the sioncr quhilk petition the tenour followes : — Please your w[orships] my Lord General Prouest, baillies, and counsall, we ane great number of your brethrene ar informit that ye intend to send ane commissioner to the Assemblie, and the materis to be handlit thairin being so weichtie and important, we desyre your worships seriouslie to consider with ws the inexpediencie of sending ane commissioner, for the reassones follomng, and if thair be ane chosen that we be callit and conveinit in the tounes hous, and consent to his instructiounes befoir his iiistructiounes be subscrywit be yow, sieing the gude or ewill thairof glaides or greives the haill bodie : The resones 142 EXTRACTS FROM THE [1638. 5 Nov. 1G38. Petition anent the directing of ane commis- sioner to the Generall Assembly. ar, first to considder if it be fitting to send ane commissioner at all, sieing at this tyme ye hawe no warrant, direction, or command by missive or letter frome his Maiestie, or his hienes commissioner for that effect, as in former Assemblies ye was wont to hawe ; and if it be objectit the pro- clamatioun to be ane sufiicient warrant, it is ansuerit thairto, besyd the proclamatiounes, this burgh was ewir in vse abefoir to resawe his Maiesties missive, his Commissionares, or the Lordis of Privie Counsell ; secondlie, the commissionares chairges (the Assemblie sitting long as is expectit) will be exceiding great, and your worships kuowes sufficiently quhow great the tounes burding is alreddie, quliilk we ar confident your worships will strywe rather to diminish (as your predecessoures did this last yeir) then to augment the samen ; thirdlie, the commissioner that sal happin to be chosin (if any be), quhow weUl affectit soewir, must neids ather dis- please his Maiestie (as God forbid), to quhome this toune stands so mutche obleist, or cure neighbour bu.rrowes, or sail wrong the trust committit to him be this burghe, or wtherwayes wrong his awin conscience in assent- ing or disassenting, protesting or not protesting; fourthlie, if any com- missioner be chosin, that he be suche a persone quha hes subscrywit the Confessioun of Faith and generall band now warranted be his Maiestie and Lordis of Secret Counsell, and quha will be gracious to his Maiestie and his commissioner, as not subscrywer of the first covenant, nor in any caice ane assenter or conniver yairto; fyiftlie, that inregaird of the weightie materis in hand, the haill brethreine of gild and bodie of this toune (being abusieres concerning oure consciences) sould be convenit and be acquaint with the iniunctiounes and uistructiounes to be gewin to the said commissioner to this Assemblie, and that his commissioun be so limitat that wpoun quhatsumewir respect he presume not to transgres the meanest poynt of his commissioun ; sextlie, we earnestlie desyu- that oure commissioner (if any be chosin) be expresslie by his commissioun directit and commandit not to voice againes the kingis prerogative, articles of Perth, nor Episcopall governament ; and if anything be concludit in the said Assemblie againes ather of these, in that caice the commissioner be 1638.] RECORDS OF THE BURGH OF ABERDEEN. 143 obleist to disassent tliairfra, and in name of this bm-ghe and bodie thairof. 5 Nov. 16*38 protest in the contrair, sieing we hawe all for the maist pairt subscrywit the Confession of Faith and generall band warranted be his Maiestie and anent the Lords of Secret Counsell, with these reservatiounes quhilkis ar enactit in of'ane"^ your bookes : remitting the consideratioun of these particulares to yoiu- cpmmia- . . .... sioner wisdimes, we expect your answer. Quhilk petitioun being red, hard, and to tlie considderit in counsell, and thay therewith being advysit, in respect of Assembly. the weicht and importance of the busienes, thay ordaine the haill toune to be warnit be the hand bell to conveine the morne in the tolbuith at ten houres, to giwe than- advyse whether a commissionar sail be send or not to this ensewing assemblie ; and if any salbe send, to resolue vpoun the tenour of his commissioun and instructiounes, whairwnto he sail be tyed and limited. 7 November 1638. . 7 Nov. 1638. The samen day the prouest, baillies, and counsel!, finding be the Anent the petitioun gewin in to thame be a great many of the nichtboures of this Assemblie burghe, vpoun the fyft day of November instant, that thay ar desyrous that no commissioner be send at this tyme to the Generall Assemblie, indicted to hauld at Glasgo, the twentie ane day of November instant, for the caussis at length sett doune in the said petitioun, thay therefoir find it not expedient to conveine the toune for that purpose, since thay hawe alreadie declaired thair mynd and advyse thairin be thau' said petitioun, and be resone thairof the counsell ar content that no commissionar be du-ect frome this burghe at this tyme to the said Assemblie, except thay gett a particular letter or warrant frome his Maiestie, or frome his hienes Commissioner, or Lords of Privie Counsell in his Maiesties name, for sending thair commissionar to the said Assemblie, as formerlie thay hawe beine in vse to receawe when thay directed commissionares to bygaine Assemblies. 144 EXTRACTS FROM THE [1639. 2 January 2 January 1639. 1639. Leslie" T\\Q qiihilk day Patrik Leslie, late prowest, wes chosin commissioner chosH) Edinburffbe, for attending the defence of the actionnes intentit at the commis- _ o ' D sionar instance of the creditoures of Alexander Keith of Balmnir, against the Alexr. magistrattes of this bnrghe, the yeire immediatlie bygaine and this pre- sent yeire, be reason of the said Alexander his escapiug out of ward furth of the tolbuith of this burghe in the moneth of July last, and the said Patrik is ordanit to keip the eight day of this instant in Edinburghe for that effect, and to employ Sir Thomas Hope, his Maiesties advocat, and alse Sii' Thomas Nicolsoun, Mr Roger Mowat, and Mr James Baird, advo- cattis, to compeii-e for the magistrattis in the saids actiounes. 5 January 163"J. Aueut tlie actiones intentit aganes the magistiats be the creditoris of Alexr. Keyth. 5 January 1G39. The quhilk day the haill toune, both brethrene of gild and craftis- men, being warnit be the hand bell to conveine this day witliin the tolbuith, and conveinrng thairin for the most pairt, it wes expouit to thame be Maister Alexander Jaffray, prouest, that the prowest and baUlies of this burghe, the yeire bygane, so lykwayes the present prouest and baillies for thair entres, ar summundit at the instance of the creditoris of Alexander Keith of Balmure, to compeir befoir the Lordis of Counsell and Sessiovm to heii-e and sie thameselflfis decernit to mak payment to the saidis creditoures of the soumes of money debtfuU to thame be the said Alexander Keith, be resone of his escaping furth of ward out of the tolbuith of this burght, in the moneth of July last bypast, efter he was arrested thairin at thair instance for the said debtis ; and inrespect the said Alexander Keith his escaiping wes nowayes in default of the magis- trattis for the tyme, bot onlie be a slight, he hawing causit inclose him- selff within a trunck, and convoy himselff thairin furth of the said waird- hous to the peir and shoir of this burgh, quhair he had a bott attending him, in the quhilk he was transportit be sea to his awin hous at Boddum ; 1639.] RECORDS OF THE BURGII OF ABERDEEN. 145 as lyikwayes be reason the magistrattis hawe bene vsing thair best 5 Jan. diligence for apprehending of the said Alexander Keith, be procuring a ^ — | commissioun frome the Lordis of his Maiesties Privie Counsell for that actiones effect ; and that thairwpoun the late magistrattis, and a number of nicht- "Jranef the boures with thame, hawe past to Stratherne and maid searche for the magistiats _ ^ _ _ _ be the crc- said Alexander Keith, bot culd not apprehend him, the said Maister ditomis of Alexander Jafiray thairfoir inquired of the toune if thay ivald contribute kej th. for releiff of thaii* magistratts of sic soumes of money as shall happen to be evicted againes thame for the escaping of the said Alexander Keith ; and, in the meane tyme, if they wilbe content to contribute to send out men of new againe for searching and seiking of the said Alexander ; and the toune being conveinit as said is, both brethreine of gild and craftismen, thay not onlie disassentit to contribute for releiff of thair magistrattis of sick soumes of money as salbe evictit againes thame for the escaiping of the said Alexander Keith furth of ward, bot lykwayes disassentit that any commissioner be direct to Edinburgh to attend on that proces, bot that the magistrattes wreitt to the tounes ordinar pro- curatouris and agentis for thair awin defence, and that nothing reflect againes the bodie of the toune to thair prejudice ; and as for the searcliing and seiking of the said Alexander Keith, the toun for the most pairt con- disceudit to contribute for defraying the chairges of thrie scoir men to be furneist and send frome this burghe for his searching and seiking, for the space of fyfteine dayes, and to be taxt for that effect, whairwpoun the said Mr Alex. Jafifray, prowest, askit act and instrumentis. 16 January 1639. 16 Jan. 1639. The quhilk day, anent the ouertures proponit to the magistrattis be Overtures the brethreine of gild and haill deacones of craftis convenit in the tol- beThe"' buith vpoun the ellevint day of Januar instant, for the better defence of I'lethrene , , . . . and the towne now in thir dangerous tymes, when trubill and warr is likelie craftis for • • defence of to fall out throughout this haill kingdome, quhilkis owertures thay desyrit the toim. 146 EXTRACTS FROM THE [1639. ^1639" magistrattis to represent to the tounes counsell that spedie order — may be takin thairwith, whairof the tenour followes : — Overtures proponit In the first they desyre that the tonne be provydit with pnlder, and brethrene ^'^^ effect that no pulder be sauld be the merchantis of this biirghe, °*f'!'^f"'^ that latehe arryvit frome Flanderis and Dauskin, to no persone whatsum- craftis for _ •' . defence of ewir, nather to burghe nor land, but onlie to the deane of gild, whome thay desyi-e to by fi-ome the nichtboures all thair pulder at a reasonable pryce, and then to distribute the same amongst the nichtboures of the toune ; and whosoewir sellis anie pulder to any other except to the deane of gild, to incur the wnlaw of ane hundreth punds, and that this be in- timat be the drum throw the haill streites of the towne. Item, thay desyre that all the portis of the toune be closed and locked everie night. Item, that thair be a nightlie watche of twentie foure persones out of the haill inhabitantis of the toune, both frie and vnfrie, and that ilk man watche in proper persone, vnder the paine of fywe punds, to be payed be the absent. Item, that thair be catbands of ime provydit and put on at everie port, and other convenient places quhair formerlie thay hawe beine, and that thair be lockis provydit for the same. That the great ordinance be brocht in within the towne, and putt in a sure place, that they get not wrong. I That no strangeris be ludgit within the toune till first the magis- trattes be acquainted. That the baillies pas throw the haill towne, ilk baillie throw his awin quarter, and sight and consider how everie fensible man is furneist with armour, that thay who wantis may be causit provyd thame selflSs in all possible diligence. That the back gettis and vennellis be all closed. That victuall be restraned to go out of the cuntrie ; and the brethrene of gild and deacones of craftis, in name of the haill craftis of this burgh, ar content to be taxt for sic soumes of money as salbe requyred for per- formance of the premisses. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 147 Wliairanent the provost, baillies, and counsall advysing, thay allow 16 Jan. of the saids owertures as necessar and profitable for the publict good of ^ — the toun in these dangerous and trubilsome tymes, and for the better per- proponit formance thaii'of, thay ordaine Walter Cochrane, deane of gild, to enter {^rethrene craftismen in all convenient diligence to repair the haill portis of the gild and criiitis I or toun, and in macking of catbands and all thingis neidfull thairwnto, and defence of to lift moneyes on profitt for defraying of the chairges that salbe debursit thairwpoun, becaus the toune ar content to be taxt and stented for refounding of the said chairges. 26 January 1639. 26 Jan. 1639. The quhilk day anent the siipplication gewin in to the prowest, Chusing of baillies, and counsell, be the collective bodie of this burghe, mackand men- of"varr^ tion that it is too manifest that this whole kingdome, throw the present capitanes, , and vntler distractiones and divisioimes thairof, standis in feare of hostilitie and officieris. apparent warr (quhilk God avert), and that other cheiff burrowes who ar not in so great danger as this burghe, ar daylie (to thair great commenda- tion) exerciseing thameselffis and thair haill inhabitantis in martiall dis- cipline vnder thair capitanes, liewtenentis, and other officieris, and hes thair councell of warr appoynted for rewling, commanding, and directing of thair capitanes and cumpanies in thir apparent trubles ; nevertheles this towne lyes still in securitie, without tacking any suche course or ordour for his Maiesties service, and thair awin saiftie, entreatting thair- foir thair wisdomes of the councell to tak the premisses to thair con- sideratioun, and to accept frome the supplicantes the twa littes giwen in with thair petition, and to nominatt and chuis out of the ane litt sa mony as thay shall think most fitt, to sitt conclude and determine as councell of warr within this burghe, and to appoynt and nominat out of the other litt four persones most fitting to be capitanes over the foure severall quarteris of this biu'ghe, both for exercising all fensible persones in militarie discipline, and siclyk for leading thame wpoun all suche peices 148 EXTRACTS FROM THE [1639. 26 Jan. 1639. Chusiug of councell of warr, capitanes, and vnder officieris. of service that shal happiu to occur in these trubilsome tymes, als oft as salbe fund expedient for his Maiesties service and defence of this burghe, as at mou- length was contenit in the said supplicatioun ; quhilk being red, hard, and considerit in councell, and thay thairwith being advysit, thay find the desyre thairof to be werie expedient, and conforme thairto, they instantlie nominat and chusit Mr Alex. Jaflfray, prowest, Johne Hay, Willeame Forbes, Thomas Mortimer, Johne Leslie, baillies ; Lieu- tenent-Colonell Willeame Johnstoune, Thomas Nicolsovm, Mr Thomas Gray, George J ohnstoun, George Moresoun, Mr Robert Farqiihar, Thomas Collisoun, Paull Collisoun, Mr Patrik Chalmer, Willeame Patrie, George Bruce, saidler, and Hew Andersone, goldsmith, to be a councell of warr, and siclyik nominat and chusit the said Thomas Nicolsone to be capitan of Futtie quarter; George Johnstoun, capitan of the Greine quarter; Mr Thomas Gray, capitane of the Ci'uiked quarter ; and George Moreson, capitane of the Evin quarter, during the pleasour of the councell of this burghe allanerlie : and in lyik maner nominat and chuse Willeame Hay, Alexander Robertsoun, Alexander Burnett, younger, and Willeam Cut- berd, to be lievtents ; Johne Mengzeis, Thomas Buck, James Collison, and Walter Moreson, to be ensengzies beraris ; Andrew Burnet, younger, James Blakhall, Johne Ray, Alex. Ashenour, Mr Robert Innes, Henrie Dwn, Andi'O Knowes, Charles Kelo, Thomas Gairdyne, tailzeour, Willeame Andersone, couper, George Pyper, wricht, and Alex. Patersone, armorar, to be serjands, towitt, thrie for ilk companie, quhilkis haill persones electit to the generall ofiices aboue writtin, ar chosin during the councellis plesure aUanerlie, and with conditioun that thay ressawe thaii" ordour frome the counsell, als oft as occasioun shall offer. 4 March 4 March 1639. 1639. Councell The quhilk day, the prowest, baillies, and counsell, all in ane woice, Gordoun. condiscendis and agries to accept of the band of warrandice giwen be the Lord Marqueis of Himtlie to the toune anent the escaiping of Willeame 1G39.] RECORDS OF THE BURGH OF ABERDEEN. 149 Gordoun, sometyme in Melingsyid, furtli of the wairdhous of this biirghe ; ^^^^'^^^ and be resone of thair ressait of the said band, the counsall continews the — .... 1 . p Councell prosequuting of the commission raisit at the tonnes instance tor appre- Gordoun. , hending of the said Willeame Gordoun, during the spaice contenit in the said band. Eodem die. Eodem die. The said day, the prowest, baiUies, and counsall of warr, in considera- The tonn tioun of the intelligence gewin to the towne that thair is ane great armie fgjt^*^^"'^'' coming hither from the south for persute and invasion of the toim, ordaines the toune to be fortified in all convenient diligence after the best and surest maner that salbe thought meitt and expedient be the counsall of warr, and for that effect ordaines the haill inhabitantis within this burghe to prosequute the work as thay salbe appoynted, be casting of fousses and ditches according as thay ar lyable in taxatioun, till ane thou- sand elnes of ground be cutted, and the persone absent or deficient in working of his pairt of the wark fou'said after directioun, to be deprywit of his fredome, by and attour the refounding of sic chau-ges as salbe bestowit in working of the work in absence of the persone deficient, and for wther penaltie as salbe imposit vpoun thame be the magistrattes ; and neither magistrattes, ofiicemen, ministeris, wedowes, nor na wther inhabit- ant within this burghe to be eximit frome working of thair awin pairtes of this wark, notwithstanding of any immunitie thay may challenge in wther of the tounes efiaires. 15 March 15 March 1639. — Consent The quhilk day, the haill toune both burgessis of gild and craftismen of glicTand being convenit in the tolbuith be the drum going throw the haill streites, ^Q^/^J.t"gg" the toun, and to by muskats and pickis. Maister Alexander Jafiray, prouest, causit publictlie reid in than* audience the act and ordmance, of the dait the fourt of Marche instant, maid and muskats 150 EXTRACTS FROM THE [1639. 15 March 1639. Consent brethrene of gild and craftismen to fortifie the toun, and to by muskatis and pickis. sett doune be the counsall of warre anent the fortiffieing of this burghe, and casting of trinshes and fousies about the same, and craved thair con- sent thairto : eftir reiding of the quhilk ordinance, the haill towne declairit thameselffis content thairwith, and wilHnghe promeist ilk ane for thair awin pairtes, to wnderly, obey, and fulfill the said ordinance efter the forme and tenom* thairof in all pointes : Lyikas the nichtboures of the toune con- venit as said is, wer content, and condiscendit and agriet that the magis- trattes sould by twa hundreth muskattes, with bandieliers, pulder, ball, and matche, and ane hundi-eth pikis frome the Lord Marqueis of Huntlie, for serving of sic thair inhabitantes as hes not armour to furnish thame selffis, and to give band for peyment of the saidis armes in the tounes name. 16 March 16 March 1639. 1639. Tlie~deane quhilk day, fforsamiekill as the toune being convenit in the tol- tlLsaurar ' ^"^^^ wpoun the fyfteine day of Marche instant, condiscendit and agriet ordanit to that the magistrattes and councell shuld by tua hundreth muskattes, with band to the bandelieris, pulder, and leid affering thairto, with ane hundreth pickes, fra Huntly^for Lord Marqueis of Huntly of his maiesties armour latelie send to his lord- tlie mus- gjiip from England : thairfoir the counsall ordaines Walter Cochraine, K^ttlS UUCl pickis. deane of gild, and Andro Burnet, thesaurar, to giwe thair band to the said Lord Marqueis for payment of the pryce of the said armes at Martimes nixt, with ane halflf yehes annuall, viz., for ilk muskatt, bandelier, and reast, tuelff pundis Scottes money, for twa pund of pulder, Inglis weycht, to ilk muskat, threttie sex schillingis Scottes money, for ilk pik, fourtie aucht schillingis, for twa hundreth pund weicht of matche, threttie sex pundis four schillingis, extending iia all to thi'ie thowsand thriescoir nynteine pundis four schillings, with ane hundreth twentie thrie pundis for the said halflf yeires annuall thairof ; and the prouest, baillies, counsall, and communitie become actit to releiwe the saidis deane of gild and the- saurar, of the premisses, and of all that may follow thairon. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 151 20 March 1639. 20 March 1639. The quhilk day, the councell giwes power and commission to the Anent the prouest, bailhes, Patrik Leslie and Robert Johnstoun, to consult and ad- ^"""jg^^njf vyse whair the tonnes evidentis and registeris salbe pntt in custodie and registeiis. keiping in this dangerous time, and what they do thau-anent the counsell promettis to haidd firme and stabill. Eodem die. Eodem die. The said day, the prouest, baillies, and coimsall, ordaines Willeame Kirk Blakbm-ne, maister of khkwark, to len fywe hundreth merkis of the kirk {fe^IeTft^to" moneyes to Walter Cochraine, deane of gild, for the tounes vse ; and the ^^^^ toun. said Walter to giwe band thairfoir, payable at Witsonday nixt, quhairanent the coimsall obleissis thame to releiwe him, and sic of the kirk moneyes as the said Willeame hes besyd him, attour the said fywe hundreth merkis, the counsall desyres him in this dangerous tyme to putt it in the best custodie he can, as if it wer his a win. Eodem die. Eodem die. The samen day. Doctor W^illeame Johnstoune and George Moresoun Commis- ar chosin commissionares to pas to the nobilitie of the covenant convenit direcuothe at Montrois, and to capitulat with thame vpoun sic articles as shalbe "obilitie of . . . . the cove- gewin in commissioun to the saids commissionares, anent the repairinge of nant. thair armie to this burghe, as lyikwayes to confer be the way with the Erll Marshall wpoun the same busienes, that his lordship wald be pleased to contribute his assistance to the saids commissionares for the peace and quyet of this toune, and George Jamesoun is appoyntit to accumpanie and assist thame in the said commissioun, quhilk is gewine to the effect follow- ing, viz., to petition and desyre the nobilitie that they send in a peace- abill maner ane hmidreth men at the most for holding of thair committie 162 EXTRACTS FROM THE [1639. Eodem^die. in the auld college, and publicatioun of the actis of the generall assemblie Commis- in the cathredrall kirk of this diocie ; and if the college and cathedrall sionares ■, i(»i«> direct to the kirk be not made patent to thame for that effect, to declare unto tnarae "he cove-"^ that tliay sal have onre paroche kirk patent for the said intimatioun, the nant. nobilitie alvayes keipaud thameselffis and thair forces alse far distant frome this burghe as the Marqueis of Huntlie sail do with his forces. Eodem die. Eodem die. Thesanrar The said day Andro Bui-net, thesaurar, exhibit on the counsell tabill deane of . . gild. the "wreittis and bands of the tounes mortifiet moneyes sealled within a codwair, and desyrit, in respect of the present imminent danger, that thay be put wp in sure custodie amongst the tounes evidentis ; and Walter Cochraine, deane of gild, exhibit lyikwayes the bands and wreittes belong- ing to the deanrie of gild, sealled and bund togidder in a paper, and de- syred the same in lyik maner tobe putt amongst the tounes evidentis, quhilk wes accordinglie done. 25 March 25 March 1639. 1639. Comirirs- The quhilk day, in respect that Doctor Willeame Johnstoun and dhcct of George Moresoun, who wer directed commissionares from this burghe to new agaiic the Erie of Montrois wpoun the twentie day of Marche instant, with Mr nobilitie. Robert Gordoun of Straloch, and Doctor Willeame Gordoun, commis- sionares, lyikwayes to his lordship frome the Marquis of Huntly, did receawe a delaying answer at that tyrae frome the said Erie of Montrois to suche propositiones as thay did remonstrat to his lordship : thafrfoir the prowest, baillies, and counsall thinkis it expedient to direct the same commissionaris of new againe to the said Erll of Montrois, and to pro- pone to his lordship and otheris of the nobilitie there present witli him, the articles following, and to crawe thair answer thairwpoun, off the quhilkis articles the tenour followes : — J 1C39.] RECORDS OF THE BURGH OF ABERDEEN. 153 It is desyred be the toune of Aberdeine tliat thay may hawe assur- 25 Maicli 163t) ance that no hostilitie be vsed againes thame, nor nane of thair magis- ^ — -' trattes, ministeris, nor otheris, thair inhabitantis, be forced in thair con- sionares sciences, nor wronged in thair bodies nor gudes, and that thair toune be ne\v'^agane left in peace, as thay ar content to giwe a peaceable entrie to the nobilitie and thair armie. Item, if auie particular persones giwe any offence, that it be repared in privat, but reflecting vpoun the publict peace. Item, that the toune be not urgit to receawe nor harbour mair people nor thay may convenientlie ease. And the toune promeissis a peaceable entrie, and issue, and sic accomo- datioun as thay can affoord, during the abod of the nobilitie there. Sub- scrywed be the prowest and baillies, and be the Marquis of Huntly as consentar the 25 day of Marche 1639. 28 March 1639. 28 March 1639. The quhilk day the haill toune, both frie and vnfrie, being convenit xhe^e of in the tolbuith be the drum, Mr Alex. Jaffray, prowest, schew and de- Montrois ' . - . , . answer to clan-ed to thame the articles mentioned in the act immediatlie befoir cure com- writtin, quhilk the magistrattes and counsall had send with thair com- ^opoTu"" missionares to the Erie of Montrois and remanent nobilitie of the covenant approching towards this burghe with thair armie, and withall the prouest schew the answer quhilk oure commissionares had receawed in wreitt to the saids articles, of ithe quhilk answer the tenour followes : — The Erie of Montrois did expres that his intended woyage for Aberdeine is oulie for performing the appointment of the late generall assemblie according as it hath bene done in other places, and in no way to do the smallest wrong or injurie to any (as perhaps is supposed), nor vse the meanest violence, except in so farre as liis lordship and his lordschipis folloAveris salbe be necessitat for thair awin saiftie and than- caus ; inrespect of the quhilk diligence vsed by the magistrattes and coimsell in directing com- 1 u 154 EXTRACTS FROM THE [1639. 28 March missionares to the said Erll of Montroise, and of the said Erie, his answer 1639 — forsaid gewin to the saidis com missionares, the tonne declared that thay Montrois ar Content to receawe the said nobillmen and thair followeris, and to har- ourrcon°- ^'^^^ tliame eftir the most commodious maner thay can, and desyres the missionaris niae;istrattes to eriwe ordour ilk baillie throw his awin quarter for that proposi- ° *^ . IT- 1 . tiones. effect, and for furneshing competent ludginges unto thame sic as the toune can affoord. Eodemdie. Eodem die. Thetownes The samen day Mr Thomas Gray, Thomas Nicolsone, George John- quytteT^ stoun, and George Moresone, the foure capitanes latelie chosin be the charge counsell for trayning and exercising the inhabitantis of this burghe fen- sible persones in militarie exercise and disciplin, laid doun and quyttit thair chairge, in presens of the toune convenit this day in the tolbuith, be resone of the cessatioune of imployment for defence of the toune be armes, quhilk the toune publictlie acknowledged that thay wer not abile to doe nor to withstand the great power and armie approching to this bm'gh, a great many of the inhabitantis hawing alreddie deserted and left the toune, and thay hawing no help nor supplie of men frome the cuntrie to resist the invasioun of the said armie. Memorandum on Saturday, the penult day of Marclie 1639. Entrie of The Erll of Montrois, Generall of the armie, accumpanied with the armie. Erll Marshall, the Erll of Kingorne, Generall Leslie, the Lord Coupar, the Lord Elcho, the Lord Eraser, the Maister of Forbes, and many barones of Angous, Mearnes, Mar, and Buchan, come to the toune of Aberdeine with thair armie of horsse and fute, whau- thay entered and marched through the toune to the linkis, and there they pitched thair camp, being accompted, sex thowsand men, satt at thair counsell of warr, and thaireftir the Erles of Marshall and Montrois, Generall Leslie, and the greatest pairt of the armie marched that day fi'ome the linkis to Invenirie, leaving behind 1639.] RECORDS OF THE BURGH OF ABERDEEN. 155 tliame the Erll of Kingorne witli auglitene Imndreth men to ly in the tonne Eodemdie. till thair bak cuming ; and befoir thay marched out of the linkes, the Entrie of the first nobillmen send for oure proiiest and baillies, and chairgit thame to fill vp armie. and cast in oure trinshes in all possible diligence, and to enter to wark for that effect on Mononday nixt, and to continew thairat till all the trinshes wer filled vp againe, vnder the paine of plundering and raising oure toune, quhilk wes accordinglie obeyit. 2 April 1639. 2 April ^ 1639. The quhilk day the haill toune being convenit be the drum in the charge Grayfreir Kirk, it was publictlie declaired and schawin to thame be Mr fh^nobili- Alexander Jafifray, prouest, that the Erll of Kingorne for himselfi", and in '-'"^ name of the Erie of Montrois, generall, and remanent nobilitie of the pre- sent armie within and aboiit the toune, hes peremptorlie commandit and chairgit the toime to dismount thair cannones, and to delywer thame to be placed befoir the Erll Marshall his hous in the Castellgett, and thairwith to delywer oure haill pulder and buUett to be sequestrat for thair service and vse, as lyikwayes to tak doune and remowe oure haill catbands with all possible diligence ; and siclyik shew and declared that the nichtboures of the toune are commandit to receawe within thair houssis the haill fute soiouris of the armie, and to giwe thame intertenement in bed and buird for sex schillings aught pennies ilk soiour in the day, for the spaice of eight dayes, for payment whairof the said Erll of Kingorne commandit the prowest and baillies to giwe thair word and assurance to the nicht- boures of the toune that thay shuld be thane fallie payed ; lyikas the said Erll of Kingorne promeist to relieve the saids prouest and baillies thairof, and to male thankfull payment of the allowance foirsaid for everie soiour so long as thay wer intertenit in this burgh, and thah-foir inquyred of the toune convenit as said is what answer thay wald giwe, and what course thay wald tak in the premisses, quha answered that it behoved thame to obey what is injoyned since thay ar vnder bondage and thraldome for the 156 EXTRACTS FROM THE [1639. 2 April present, and nowayes liabill to resist, and thairfoii- consentit to giwe obe- — dience to the foirsaid injunctiones. 3 April 3 April 1639. 1G3!). The toun The quhilk day the prouest intimat to the toune convenit be the subscrywe drum in the Grayfreirs Kirk, that thay ar requyred be the nobUitie to sub- iiant°^^" scrywe thair covenant, and article following eiked thahunto, vnder the paine of disarming thame and confiscatioun of all than- goods, of the quhilk article the tenour folio wes : — The article of this covenant quhilk was at the first subscriptioun referred to the determinatioun of the Generall As- semblie, being now determined at Glasgow in December 1638, and thairby the fywe articles of Perth and the governament of the kii-k by bishops being declared to be abjured and removed, and the civill places and power of ku'kmen declared to be unlawfull, we subscryue according to the deter- mination of the said frie and lawfuU Generall Assemblie hauldin at Glas- gow; in witness whahofif we hawe subscrywit the haill premisses with oure hands. Eftir the reiding of the quhilk article, the toune tuke to be advysed befoir thay wald giwe thair answer. 9 April 9 April 1639. 1G39. A new~ The quhilk day the toune being convenit be the drum within the gewm^be Grayfreir Kirk, it was declaired to thame be Mr Alex. Jaffray, prouest, that the iiobili- the nobilitie convenit heir in this present armie, had expreslie commandit tie to the ■, • • i i i i i t • n tt -i i toun, with and mjoyned that the toune shuld m all dihgence possible fortifie thair answer blockhous for the tomaes defence aganes forane enemies, and lyikwayes thairto. ^-j^^^ the toune shuld subscrywe the covenant, and contribute with the rest of the kingdome in all thinges for defence of the common caus ; and forder, seing as the nobilitie alledges the toune wes the caus of thair heir cumming with thair armie, the nobilitie thairfoir wald exact fi-ome the toune a taxatioun of ane hundreth thowsand merkis, togidder with 1G39.] RECORDS OF THE BURGH OF ABERDEEN. 157 the licaill cliairges of the soiouris since thair coming to Aberdeine, off the 9 April qnhilkis taxatiounes and chairges the nobilitie declaired that thay wald — ' • A new hawe the covenanteris in Aberdeine to be frie ; whairunto it was answered cliarsc be the toune convenit as said is, that thay wer content to fortifie thair fi^^nobiU- blockhous, and the most pairt also wer content to subscrywe the covenant, t'e to the . ... . . . , toun, with and to contribute proportionablie in tyme coming in that bnsenes with thair the rest of the burrowes, bot refused and disassented to pay the foirsaid thah-to. taxatioun of ane hundreth thowsand merkis, since thair wes no just ground nor reasone to impose the same vpoun thame, nather wer thay habill to pay the same ; and if the nobillmen, notwithstanding of the tounes refuisall, will insist to hawe the said taxatioun, thay desyre a com- petent tyme for the space of a moneth or thairby, to be granted to thame to remowe thameselffis, wyffis, and bairnes, with bag and baggage, out of the toune, and thaireftir lat the nobillmen dispose of the toune at thair pleasiu'e. 10 April USd. 10 April 1639. The quhilk day, eftir sermone made be Maister James Row, minister, Thetownes the toune for the most pairt subscrywit the nobilities covenant. tion of die covenant. 15 April 1639. 15 April 163'J. The quhilk day, the toune being convenit this day in the tolbuith Hay, Far- be the drum, it wes exponit to thame be the prouest that the Erll of Moleson Montrois and remanent nobilitie convenit heir with thair armie, had ap- jjg^t^jg"*'^'^ pointed and nominat Johne Hay, baillie, Mr Robert Farquhar, Mr Thomas "fb'l't'e to /~t 1 r~i Tir i • • p 1 • 1 t gocoinmis- Uray, and Ueorge Moresoun, to go commission ares irome this burghe sionares to the nobillitie and commissionares of the tables in Edinburgh, to joyne burgh."' and concur with thame in all things tending to the glorie of God, the king's honor, the mantenauce of the true religione, lawes and liberties 158 EXTRACTS FROM THE [1639. iS^April of the kiugdome, and thairfor inquyred of the tonne convenit as said is, ^ — gif thay will consent to the directing of the saids commissionares to the qiihar effect foirsaid, and mak thaii* chairges during thair employment in the said appoynted ^ommissioun, wha answered, that since thay hawe subscryvit the cove- nant, thay must neidis concur and contribute in all thingis concerning the nobilitie to _ _ _ _ _ _ , gocoinmis- same, and thairfoir consentis that the saids commissionares be directit to Edin- south, and that thair expenssis be made at the common chau-ge of the buig.i. toune, and that a commissioun be gewin to thame, sxibscryvit be the magis- trattes and counsall to the effect aboue specifeit. cove- nanters. Eodcmdie. Eodem die. Piotesta- The said day the iuhabitantis of the burghe of Aberdeine, being con- WiUeame venit in thair Tolbuith be the drum, anent the directing of commissionares for hlm^ to Edinburgh in the matter of the covenant, Willeame Erskiue, burges of selff, and Aberdeine, for himself, and in name and behalff of the remanent nicht- the auld boures and inhabitantis of the said burghe, quha wer first subscryveris of the covenant, protestit that thay and everie ane of thame be frie and liberat fra payment of any taxatioun or impositioim to be sett or imposit vpoun the toune, for intertenement of the souldiouris of the armie during thair abode in Aberdeine, and for qiihatsumewir wther cans bygane con- cerning the covenant, preceiding the date heirof, in respect it was the directioun of the nobilitie that Avere heire present with the armie, that these who first subscrywit the covenant in Aberdeine shuld be frie of all bygane bui-dines and taxationes to be imposit vpoun the toune concerning the said covenant, be resone thay wer not the occasioun of the saidis bur- dings, as thay alledgit, and thairwpoun the said Willeame Erskine askit act and instrumentes. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 159 17 April 1639. ' 17 April The said day in presens of the prouest, baillies, and counsall, com- ^^v^ peirit Andi'O Burnet, thesaurar, and gawe in and produceit befoir thame Burnet, ane compt of the soumes of money deburset be him at command and be ilis^d"-'^'' warrand of the magistrattis to the persones eftir named, for intertenement ^^^^^^^ of thameselffis, thair sojouris, and followeris, at the late heir being of the capitanes southland armie, viz., to Capitane M'Gill ane hundreth twentie foure of the pundis, to Capitane Hay foure scoir fyftene pundis sevintene schillingis foure penneis ; to the Laird of Lawers, leader of aucht hundredth Argyle men thrie hundreth threttie thrie pundis sex schillings aucht pennies ; to Capitane Cambell tuantie pundis ; to Harie Lindsay ten pundis foure schillingis twa penneis ; and in respect the said thesaurar debursit the saids soumes be warrand of the magistrattes, as said is, and for preveining a forder prejudice to the toune incais the moneyes had not bene delywered, he desyrit the counsallis allowance and approbatioun thairunto ; eftir con- sideratioun quhairof, and of the knowin gude done to the tomie by the debursing of these moneyes, whilk hinderit the sojowris frome plundering, the saidis prowest, baillies, and counsall, in ane voice ratifiet and approveit the compt abouewrittin, and ordaines the saids soumes to be allowit to the said thesaurar in his comptis, but preyudice alwayes of the protesta- tioun made be Willeame Erskyn in fauouris of the auld covenanters. arnne. 20 April 1639. 20 April 1G39. The quliilk day, both the councellis being convenit, concludes all in ane voice that supplie be sent frome this burghe to concur with the commis- nobilitie and gentrie for defence of the cuntrie againes the Laird of Banflf meitt at and his confedarattis, opposeris of the covenant and disturbares of the peace, and that ane commissioner be send for this effect frome this burghe to the nobillmen and brrones wlia ar to meitt at Monymusk on Monday 160 EXTRACTS FROM THE [1639. 20 April 1639. Moir cliosin commis- sionar to meitt at Mony- mosk. nixt at auclit houres ; lyikas instantlie Mr Willeame Moir wes cliosin com- missioner for keiping of the said meitting, and to be acquantit with the noblemenis mynds what course thay will tak in the busines, and the tonne ar ordanit to be presentlie convenit that order may be gewin for sending out a supplie of men to the effect foirsaid. Eodemdie. Eodem die. Thetownes The said day, the haill toune, both frie and unfi-ie, beine: convenit in consent to _ '' ... . . ' send four- the tolbuith be the drum, condiscendis all in ane voice that fourscoir men to iMony- be sent to meit the nobilitie and gentrie at Monymusk, on Monday nixt, at musk. aucht houres in the morning, togidder with commanderis fitt for a com- panye, and that ilk persone be in redynes in his best armour, as he salbe warnit, vnder the paine of ane hundi'eth pundis, and wardmg of the per- sones unwilling to go in that service. A watclie Item, it is ordanit that a nightie watche be sett of fourtie persones, appoynted. ^^^j man to watche in pi-opper persone, vnder the paine of ten pundis, to be exacted of ilk persone absent, toties quoties. 6 May 6 May 1639. 1639. Thesaurar The quhilk day the counsall ordaines Andi'o Burnet, thesaurar, to 1' arquhar. . refound to Maister Robert Farquhar, ane hundreth dolouris advanceit be him in Edinburghe for defraying of his awin and the rest of the commis- sionares charges, wha wer direct to attend the tables, attour the fourtie doloiiris debursit be the said Andro to the saids commissionares at thair south going, wliilk salbe allowit to the said thesaurar in his comptis. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 161 Eodem die. Eodemdie. The said day, the tonne being convenit be the drum in the tolbuith, A letter Mr Alexander Jaffray, prouest, causit reid and intimat vnto thame the taibJcs to letter direct frome the nobilitie of the taibles to the prouest and baillies ^^nd the i lourt man of this burghe for sending the fourt man to the bound rod, off the quhilk to tlie . Bound rod. letter the tenour followes : — " To oure worthie fremdis the prouest and baillies of Aberdeine. Right Honorabill the approaching of his Maiesties shipes to the number alredie of tuentie nyne, within the firth aboue North Bervick, where thay hawe bene since yesterday in the efternoone, giues ws iust reason to feare that the land armies on the borderis will mak ane suddane assault ; these ar therefoir earnestlie to intreatt you to vse all possible diligence to haist to Edinburghe (which is the place appointed for the first randevous to these in your boundis), the fourth man in your schireffdome, alsweill within burghe as to landward, sufiicientlie armed, and with ten dayes provisioun of victuall ; we expect that with your fute companies yow will send a competent number of horsemen with carabines, pistollis, gunes, or jack and lances. We know not how soone the charge may be gewin be the enemie, and therefoir we most yet againe entreat a speedie dispatche, as we salbe your affectioned freindis and servandis. Sec subscribitur Dalhousie, Balmerino, Naper, Forrester. Edinburghe, first May 1639." Eftir the reiding of the quhilk letter, the prouest inquyred of the toune, both brethreine of gild and craftismen, convenit as said is, what course they will tak in the buisienes, quha tuke to be advyisit, and to giwe thair ansuer thairanent on Fridday nixt, the tent of May instant. 10 May 1639. 10 May 1G39. The quhilk day, the toune being convenit be the drum in the tol- The tonnes buith, it was declared to thame be Maister Alexander Jaffray, prowest, the^nobm- that ane letter was direct to him and to the baillies from the Lord Eraser, ties letter, the Maister of Forbes, and some barones, schawing that certaine persones, 1 X 162 EXTRACTS FROM THE [1639. 10 May enemies to the peace of the churche and state, wer to assault the toun, 1639 — and to captivat the same to thair behowe, and thairfor willit the toun to answer to advert thair awin skaith, promeising thair assistance vpoun adverteisment, ticTsTetter' withall desyring the toun to giwe notice thairof to the Erll Marschall, who wilbe redie to giwe his aid as neid requyres ; quhilk letter being red, the prouest demandit of the nightboures convenit if thay thought it ex- pedient to acquaint the Erll Marschall with the busienes, and to crawe his lordshipes help and assistance, whairunto thay willinglie condiscendit, prouyding alvayes if any cuntrie man salbe send hither to the effect foir- said, that thay be interteneit wpoun thair awin chairges and expenssis, as is done be the gentrie and otheris that repaii-es to the toune of Montrois for thair help and defence againes the forane enimie ; and forder, the toune being desyred be the prouest to giwe thair answer anent the send- ing of the fourt man of thair towne to the bound rod, conforme to the letter direct to thame for that effect frome the nobilitie of the tables, quhilk letter being intimat to thame wpoun the sext of this instant, thay tuke this day to be advysit anent the gewing of thair answer thairwnto, and thair answer being craved, as said is, thay declared that, in respect of the present danger whau'in the toune standis of invasioun both be brockin hielandmen and cuntrie gentillmen, as lyikwayes be resone the greatest pairt of the uichtboures of the toune ar gone out of the cuntrie, and that the halfif of the toune ar ilk nicht vpoun watche, they wer not habill in these respectis to send any men to the bound rod, quhilk thay desyred the magistrattes to remonstrat to the taibles, and to schaw thame the tounes just excuse be reasone of thaii- paucitie and weaknes, and that the toun are threatned to be invaded both be foran and intestine enimies, for quhilk caus thay ar seikand help frome the nobellmen and gentrie to defend thair toune, and so ar made altogidder vnhabill to send any men to the bound rod. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 163 13 May 1639. 13 May 1639. The quhilk day the toune being convenit in. the tolbuith be the drum -pi^g townes for gewing aniswer to the Erie of Marschall, his letter direct to the prowest *° and baillies of this burghe on Satterday last, the allevint of this instant, cannon, whairby his lordship desyres the len of sex peice of cannon for the vse of the toune of Montrois : quhilk letter being publictlie red in audience of the toune, and thay being asked be the prowest if thay will consent to len sex peice of thair cannon to the said Erll Marschall for the vse foirsaid, thay all in ane voice, refaisit to len any of thair munitioun out of the toune now in this dangerous tyme, becaus sex of thame belongs to the Kings Maiestie, whairin his Maiestie lies the tounes bond for redelywerie thairof, when thay shalbe requyred, so that without his Maiesties speciall command and warrand in wreitt thay cannot tak vpoun thame to len any of his Maiesties cannon, and as for the vther sex belonging to the toune thay stand in als great neid thairof thamesellEs, and are lyabill to the same danger that the toune of Montrois ar, and so cannot, without thair awin great prejudice, len any of thair cannon at this tyme, and thairfoir desyirit thair magistrattes to remonstrat thair just and lauchfull excuse heiranent to the Erie Marischall, not doubting but his lordship will tak the same in gude pairt ; and siclyik, anent the letter direct the day foirsaid to the magistrattes and councell of this burghe frome the Lord Eraser, the Maister of Eorbes, the Laird of Frendraucht, and some other of the barrones and gentrie, schawing that the Laird of Banff and his associatis had brockin the peace of the cuntrie, plunderit dyveris of the Laird of Towies tenentis, and come to the Barnezardis of Towie, and thair in opin hostilitie persewit the said noblemen and otheris that were with thame, and not getting thair intent but some of thair awin companie hurt, went away to mak thameselffes stronger, for quhilk caus the said nobillmen, with thair confederatis, hawe resolued to follow thame, desyring ws thair- foir to send suche a supplie of men out of oure toune as we may spair to meitt the Erie Marishallis, and thair companies at Kintoir this Mononday 164 EXTRACTS FROM THE [1639. 13 May at niglit, as at moir length wes contenit in the said letter, quhilk being — ' also opinlie red in audience of the toune convenit as said is, the prowest lefusall to inquired of thame what answer thay wald giwe thairwnto, who declared caunon ^® reson of the danger of invasioun whairwnto oure toune is presentlie The touncs ^J^^-'® now in this trubilsome tyme both be forane and intestine enemies, answer to oure towne being continewall watched, and a quarter of the towns being direct to ilk night on watche, so that ilk fourth night euerie man most neidis from the watche, as lyikwayes inrespect a great many of oure nightboures and Frascr and iiiliabitants are gone out of the cuntrie, and sindrie and dyveris of thame Maister of are daylie going furth thaii'of and leawing the toune, thay thairfore, all in ane voice, answered that thay culd not possiblie, for the present, send any supplie of men since they stand in neid of help of men to guard and defend thair towne, quhilk thay in the lyikmaner willed thair magistrattes to represent to the said nobUlmen and barrones, and to mak thair lauch- full excuse at thair hands, lyikas the said nobillmen and barones, be thair former letter direct to the toune, willit thame to seik supplie of men from the Erie Marshall, for guarding oure toune frome the persute and invasioun of the said Laird of Banff and his adherentis, and so they culd not at the present send furth any supplie of men. 16 May 1639. The townes answer to tJie Laird of Banff and his associattis anent thair demand of frie quar- teris to thair 8oiouris. 16 May 1639. The quhilk day the haill toune, both frie and wnfrie, being warnit to this day be the drum passand throAV the haill streittes of the toune, and convening for the most pairt within the Tolbuith, it wes exponit to thame be Mr Alexander Jafiray, prowest, that the Lah-ds of Banff, Haddo, Gight elder and younger, Foverane, and dy weris wtheris of the gentrie, who come in this toune yeisternicht, declaired be thair commissionares to the magis- trattes that thay wold hawe frie quarteris to thair soiouris during the tyme of thair abod in this burghe, as the nobillmen who wer laitlie heir had frie quartei'is also for thair soiouris, and that thay wald hawe this quartering imposed and laid onlie wpoun the auld covenanteris within r 1639.] RECORDS OF THE BURGH OF ABERDEEN. 165 this bui'ghe, seing thay hawe beine exonered frome quartering iu tymes ^^^.'^^^y bygonne, whaii-with the nightboures being advysit, answerit all in ane — ^' voce that thay wold not separat nor divyde thameselffis frome the anld answer to covenanteris, since they ar all memberis of on bodie and incorporatioun o'rBan'ff^ with thame, bot wald willinfflie contribute and bear burding with the ^""^ 'l'^ . . . . . associattis saids auld covenanteris for thair greater ease of suche ane heavie burding, aneiu thair and for eschewing the plundering of thair houssis and gudes whairwith f,.ie quar- they wer threatned; lyikas for that effect thay wer content to harbour and quarter the soiouris of this present armie, and to bear equall burding soiouris. pro rata with the saids auld covenanteris, prowyding that thay contribute lyikwayes with the rest of the bodie of the toune for defraying of the chairges debursit wpoun the first and second quartering of the soiouris of the tuo bygaine armies, as also for these debursementis that salhappin now to be bestowed on this third armie, and all other debursementis that sail heu'eftir occur for quartering of soiouris, proportionablie according to the estate and meanes of everie nightbour iu the toune, and with conditioun lyikwayes that all protestationes made heirtofoir be aiild covenanteris for thair exemptioune frome suche contributioiuies be now rescinded, and that the haill inhabitantis of the toune, but exception of persones, be lyable as on bodie to contribute for quartering all soiouris, both for by- gaines and to come. As for the wther desyre maid be the saidis barones and gentrie for sending furth some inhabitantes of this burghe with thame in his Maiesties service as thay alledgit, it wes answerit be the toune that thay wer not abill to send furth any of thair tounes men, be resone a great many of thame wer removed to foraine cuntries, whairof some ar alreddie employed in his Maiesties service with his navie lying in the firth, and the remanent who are remaining in the toune ar ower few to guard and watche the same in thir dangerous tymes, the toune having rather neid of supplie of men, nor to grant any of thair few number to go frome thance. 166 EXTRACTS FROM THE [1639. armie. 27 May 27 Jfaw 1639. 1639. Tcn~tiiiou- '^^^ quliilk day the haill toune, both frie and unfrie, being war- sand jjj^ ^]^jg (jg^y -[jg ^j-^g (Jrum passand throw the haill streittes of the tonne, imposit and conveninge for the most pairt in the laich counselhous of the tolbuith, vpoun the . . itutai i t rr tounfoi-tlie it wes exponit to thame be Mr Alexander Jafiray, prouest, that the Jlide iuu"*^'^*" of Montrois, Generall of the present armie, the Erles of Marshall, Atholl, nobilitie of ■^^^So^'i^) Lords Fraser, Cowper, Drummond, Maister of Forbes, the present Maister of Gray, and other nobillmen and barrones heir present with thame, hawe imposit vpoun the inhabitantis of this burghe the soume of ten thousand merkis Scottes money, to help to defray thair soiouris wages in this present expeditioun againes the Laird of Banff and his associattes, and declaired that thay wald hawe the same to be preceislie payed to thame this day, or the morne befoir ellevin houres at farrest, whairin, if the toune failziet, the soioris wald be permittit to spoill and plunder the toune, to the owerthrow and ruine thairof, and thaii'foir the prowest inquired of the toune convenit as said is, what course thay wald take thaii-anent, quha all in ane voice but oppositioun or contradictioun, for eschewing of the danger threatned, wer content to contribute proportionablie, and pro rata, and to be stentit be taxatioun with all convenient diligence for payment of the said soume of ten thousand merkis, ilk persone according to thair generall rankis and estates, but exceptioun of any inhabitant whatsumewir that may pretend immunitie frome payment of taxatiounes, and as for suche nightboures of the toune that ar absent out of the cuntrie, some night- boures that wer present tuke burdeine for thame and promeist to pay thair pairt of the said taxatioim ; and becaus the said ten thowsand merkis cannot be sett and wplifted in sic haist, as the sume most be payed to the nobilitie, the toune desyres the magistrattes and wther nichtboures of the toune of best moyen and habilitie, to lift the said soume vpoun the bank, and to giwe thair band for repayment thairof, with ane halff yeires annuall of the same, of the quhilk band and soumes of money foirsaid, both principall and annuelrent, the toune couvenit as said is, obleissis thame 1639.] RECORDS OF THE BURGH OF ABERDEEN. 167 ilk ane for thair awin pairts to warrand, frie, releiwe, and skaithles keip 27 May 1639. the saidis prowest, baillies, and wtheres that salbe bund for the same, and — ' that be payment of the said taxatioun, ilk ane for thair awin pairtes, as sand thay salbe taxit and stentit conforme to the stent roll to be gewin ont ^^^lii thairwpoun, within tuentie foure houres nixt thaireftir, vnder the paine of vijoun the . . . ... tounforthe poynding of thair reddiest gudes and geare, and wairding of thair per- Generall sones, the ane but preuidice of the wther; whairwpoun the said Mr remanent Alexander Jafifray, prowest, for himselif, and in name of those that salbe "^g prgggn^ bund for the said soume, askit act and instrumentis. armie. 2SMa^im. 28 May 1639. The quhilk day, the toun being convenit in the tolbuith be the drum, The toun • • • disdruicd it was mtimat to thame be Mr Alexander Jaffray, prowest, that the Erie of Montrois, Generall of this present armie, and the remanent nobillmen and barrones heir present in this toune, hawe concludit and expreslie de- claired be warrant from the taibles, that thay will hawe oure tounes tuelff" peice of cannon transportit heu-fra to the tounes of Montrois and Dundie for thair defence againes the invasioun of luglishmen, and that lyikwayes thay wall hawe the haill inhabitantis of this burghe disarmed, and thair haill wapynnis and armour, both offensive and defensive, to be exhibite and delywered in the tolbuith of this burghe, to suche as salbe appoynted to receawe thame, for arming of all persones in the armie who ar not suffi- cientlie armed ; lyikas publict proclamatioun is made throw the haill streittis of the toune, be sound of trumpett in name of the said Lord Generall, chairging all the inhabitantis of this burghe to exhibit thair whole armom-, both offensive and defensive, in the tolbuith, within tuo houres efter the chairge, vnder the paine of confiscatioun of all the goods and geare of suche persones as wold not delywer thair armour within the spaice foirsaid, by and attour the punishing of thair persones ; and thair- foir the prowest inquyred of the nichtboures of the toune, convenit as said 168 ' EXTRACTS FROM THE [1639. 28^M^iy is, what tliay will do, and how thay shall carie thameselffis in this bueienes, — since he and his colligis, the baillies, cnld not gett the same hinderit nor disarmed, stayed, notwithstanding of all the reasones thay culd bring or alledge againes the wnlauchfnllness of suche chairges, and albeit thay had offerit that the toune shuld marche in armes, and goe forward with thame to any service thay hawe adoe for the king and cuntrie, so being thay wold not doe suche indignitie to oure toune as to disarms thame, bot wold permitt thame to bruike thair awin armour ; anent the quhilkis particulares the nichtboures advysiug, declared that, since thay wer not habill to resist, it behowed thame to suffer and give obedience ; lyikas accordinglie thay went furth to thair awin houssis and causit bring thair armour to the tol- buithe, and delywered the same to Sir Robert Grahame of Morphie knight, commissioner appoynted for receawing thairof. 29 May 29 May 1639. 1639. ^ "ote The quhilk day James Guthiie of Petforthie, and Johne Grahame, vpon the ^ . payment baillie of Montrois, declaired to the Erlis of Marishall and Montrois, and of ten other nobillmen present with thame, w^ithin thaii- ludging in skipper Ander- merkis"'^ soun his hous on the north syid of the Castellgett, and in presence of Mr imposed Alexander Jaffray, prowest of Aberdeine, that, according to the ordour vponthame . p i • i i .n r • c be the gewm to thame frome the said nobillmen for receaving irome the prowest nobihtie. baillies of Aberdeine of the soume of money efter specifiet, thay had receaved in reallie doun tauld moneyes frome Andro Burnet, thesaurar of the said burghe of Aberdeine, in name of the haill bodie of the toune the Boume of ten thowsand merkis vsuall Scottes money, imposed wpoun the said towne of Aberdeine be the said nobillmen, for paying the wages of thair soiouris of this present armie ; quhairwpoun the said Mr Alex. Jaffray, prowest, asked insti-umentis. 639.] RECORDS OF THE BURGH OF ABERDEEN. 169 29 May 1639. 29 May 1639. Item this day the Erll of Montrois, Generall of the armie, caiisit mell Tlie townes and intromett with tuelff peice of demiculvering, whairof sex belonges to of'^cannon^ the king, and other sex to oure tonne, and causit carie and ship thame in aila'ba'n'^'^ a barq of Dundie, the master callit Willeame Coiill, to be tranesportit some "^'''''t ^^'th ^ ' , , . . be the Erie of thame to Montrois, and some to Dundie, and lyikwayes tuke with thame of Won- oure pulder and ball. 7 June 1639. 7 June 1639. The qtihilk day the haill toune, both frie and unfrie, being warnit be the hand bell passand throw the haill streittes of the toune to conveine presentlie within the Tolbuith, and a verie few convening, the greatest pau't of the nightboures hawing remowed thameselffis out of the toune, and daylie ma of thame yit remowing, AVilleame Forbes, baillie, causit reid publictlie in presens of these quha wer convenit, the remonstrance presentit in wreitt to the said baillie and his colliggis, be the tonnes foure commissionares, to witt Johne Hay, baillie, Mr Eobert Farquliar, Mr Thomas Gray, and George Moresoun, who wer latelie send to Edinburghe in the moneth of Aprill last, be ordour frome the Erie of Mon- trois and sic otheris of the nobilitie as wes then present hen- in Aberdeine, bearand that the saids commissionares after thair coming to Edmburghe, wer deteinit thair be the spaice of sex weikis, and at thair coming having The townes presented thameselffis to the Lordis tables, thay and some wther few nicht- the remon- boures of this burghe wer fyned in the soume of fourtie thowsand merkis, j^glfg'^tQ and confyned for the spaice of fywe weikis till thay sould either pay or thame be 1 r ■ r.1 thair foure report the tounes answer anent the said lyne ; and eitir report of the commis- townes refuissall to pay the samen for the resone showin to the saidis tiuirwer Lordis, the said commissionares wer committit to waird within the Tolbuith , ' _ Edinburgh of Edinburghe, be a warrand subscrywit be the nobillmen and commis- l>e «ip- sionares for the shyres and burrowes whairin thay remanit be the spaice of the'"^" ^ y nobillmen. 170 EXTRACTS FROM THE [1639. 7 June of tuentie foure houres, till be the mediatioun of the prowest and baillies — of Ediaburghe, and of Willeame Gray of Pettindrum, thay obtenit libertie ThetoWllCS i-i 1 1 Ti • 1 1 r ^ • TO? answer to to retuine home to this burghe to deall with the toun for thair reheii strance°"' wpouii band gevin be the saidis commissionares as principallis, and the thame^bc ^^^^ Willeame Gray as cationer for thame; as lyikwayes wpoun thaii* thair foure great oath, solemnelie sworn, for thair returne bak againe to Edinburghe, sicmaies and to obey thair directiounes, or then to reentir thair persones in ward semi to^' within the said tolbuith of Edinburghe betwixt and the first day of July Etlinburgh nixt, wnder the paine of fourtie thowsand pundis ; and seing the tyme poyntment approaches of the saids commissionares thair reentrie, thay desyrit the nobilfmen. toune to frie and liberat thame of the said fourtie thowsand merkis, that thairby thay may be free of thair reentrie and incarceratioun in waird. Eftir raiding quhilk remonstrance, sic nightboures of the toune as wer convenit, not exceiding the number of twentie persones, answerit that the toune was nowayes habill to pay any suche fyne as wes imposit, inrespect that sin thair subscryving of thair covenant, thay ar so wrakit and wndone in than- estates, that thay ar skairce abill to interteine thameselffis and thau' families, far les to pay any fyne, be the occasiounes followeing, first, be free quartering of the whole fute soiom-is, and mony gentlemen and horssis of the first armie, to the number of sex thowsand men, some of thame the space of avight dayes, and the most pau-t for the space of fyften dayes ; secondlie, be the fi*ie quartering of the Earle Marshallis armie, consisting of the number of aught hundreth men or thau'by, the space of four dayes ; thirdlie, be frie quartering of the Laird of BanflSs cumpanie of ane thowsand men, horssis, and fute, or thairby, the spaice of aught dayes ; fourthlie, be frie quartering of the Earle Marshall and Mernes companye, to the number of ane thowsand men, horse, and fute, or thairby, the space of thrie dayes befoir the coming of the Earles of Mon- trois, Atholl, Kingorne, Lords Cowpar, Drummond, Eraser, Maister of Forbes, with thair forces, and thaireftir for interteining both the armies, consisting of sex thowsand men, horse, and fute, the space of four dayes, besyids the exacting frome the toune the soume of ten thowsand merkis. 1639.] RECORDS OF THE BURGH OF ABERDEEN. 171 the remon- strance the taking of tliair tuelfF peice of cannon, "witli pu.lder, ball, and thair liaill 7 June furniture, the disarming of thair nichtboures ; and lastlie, be leaving the — toune so disarmit and disabled, whairby thay ar exposit to the mercie answer to and danger of all enimies that pleassis to invade thame, for which respectis, and many wther consideratiounes, the nightboures convenit as said is. . . . , . ■ tliainc be humblie desyrit that thair magistrattes wald represent and putt wp this thair foure thair just grewances to the noblemen, gentrie, burroAves, and wtheres sionarcs havand vote and poAver at the tables in Edinburghe, and be resone thairof gejlji^tlj*^^ to petitioun thame that thay and thair commissionares may be fred and Etli»ljurgh liberat of suche ane heavye and intollerable burdine laid wpoun thame poyntment without any just ground or reasone, and that thair commissionares may hawe nobi'lhnen. thaii' band delywered bak again e to thame to be cancelled and distroyed. 10 June 1639. lO June 1G39. The quliilk day, the haill iuhabitantis of this burghe, both frie and Tlietownes ■\vnfrie, bemg warnit be the drum to convene this day in the tolbuith, and !,^^]'"pp"o- convening thairin for the most pairt representand the bodie of the toune, thay wer demandit be Robert Johnstoun, late prowest, gif all or any of Mr Alex, thame had any accusatioun, challenge, or grevance to giwe in againes thair'pro- Mr Alexander Jaflfray, thair present prowest, of any disloyaltie or mis- ([(^fjf,,*]! cariage committit be him in his said office of prouestrie, to the hinderance a"'' g'"'? • n/r • • • • T T 1 PI carenge if oi his Maiesties service, or to the prejudice and hurt of the toune, thay all his oflSce. in ane voice, but any oppositioun or contradictioun, answered that thay had no point of disloyaltie or miscariage to say againes him, nor any brak of duetie in his office to lay to his chairge, but be the contriar thay giwe him thair approbatioun and applause that he has dischairgit and acquytted himselff in his said office most dutifuUie and honestlie as ane loyall and gude subject to his Maiestie, and as a most cairfull and painefull magis- tratt for the weill and gude of the toune ; lyikas the haill inhabitantis convenit as said is, declared in ane voice that thay do adhear trulie and sincerelie to his Maiesties proclamatioun gewin at York, the tuentie fyft 172 EXTRACTS FROM THE [1C39. 10 June of Aprill last, and published at the mercatt croce of this burghe vpon the — * sext day of Junij instant ; and to his Maiesties gi-acious and frie pardon testimonie thairin containit, and offeris thameselffis most willing and redie to expres batlon^'"" tl^^ii' realitie and sinceritie heirin, and in approving thameselffis loyall and Mr^Alex* subjectis to his Maiestie, be going on in his Maiesties service at thair Jaffray, vttermost endevomis, and particularlie as thay salbe injoyned at this tyme west, of liis l>e the Lord Vicount of Aboyn, his Maiesties lievtenent in the north, and ami g'ude ^^^^ effect desyred the said proclamatioun to be x-egistrat in the tonnes jarease in buikes ad f uturam rei rnemoriam, vpoun the quhilkis premissis the said Robert Johnstoune, in name of the said Mr Alexander Jaffi-ay, prowest, and also in name of the baillies, counsall, and communitie of this burghe, asked act and instrumentis. 14 June 14 June 1639. 1639. Thetownes The quhilk day, the toune being convenit be the drum in the tol- ing^thaT" ^^^^^^) being callit be the sute roll and the absentis noted, thay that wer thair present disassented that oure townes late commissionares, towitt, Johne sionaies Hay, baillie, Mr Robert Farquhar, Mr Thomas Gray, and George More- ward' oV" soun, shuld returne back to Edinburghe to reenter thair persones in waird fynes*^m "^vithin the tolbuith of Edinburgh, notwithstanding of the band gewin be posed vpon thame as principallis, and Willeame Gray of Pettindriam, cationer for sonleVther thair reentrie in the said waird, under the paine of fourtie thowsand be'^payed '^ punds, betAvixt and the first day of July nixt to come, and disassentis that the fyne of fom-tie thowsand merkis imposed wpoun the saidis com- missionares and some few wther nichtboures of the toune be the nobilitie and wtheris of the Tables, should be payed, or any pairt thairof, inrespect the Lord Vicount of Aboyn, his Maiesties lieutenent in the north, hes this day gewin a peremptorie chairge in wreitt vnder his lordships hand, to the prowest, baillies, counsall, and commrmitie of this burghe, to the con- trarie, commanding that the saids commissionares shuld not in any caice go south, or pay the said fyne, or any pairt of the same ; and farder, in 1639.] RECORDS OF THE BURGH OF ABERDEEN. 173 caice any inconvenient fall legallie wpoun tlie saids commissionares or 14 June tliair cationer for tliair not reentrie in waird, the brethreine of gild sic as — « , . 1 -m • 1 • 1 •! Thetownes wer present ar content to contribute tor thair relein pairt and pan-t lyik, disassent- according to tliair meanes, with the whole bodie of the toune, and the ["ifif'^' deacones of craftis desyred a tyme to be gewin thame to advyse for gewing commis- thair answer in the premisse, and the saidis commissionares protestis for re-enter in costis, skaitlies, and damnage againes the toune incaice thay suffer any tlmt the prejudice or damage be this delay ; and the prowest protestit in the con- ^^"^^ ^^^^ trail-, alledging he shuld vse no delay but sic as he was necessitat to, be t''ame and .... . . . ... some other his Maiesties service in the dispatche of the nichtbouris and inhabitantis nichtbouris • be liftvcd of this burghe that ar to marclie furth this day with the Lord Aboynes armie towardes the Mearnis. Eodem die. Eodem die. The said day, the prowest intimat to the toune convenit this day be The toune clitir**'it to the drum, that all fencible persones, both frie and wnfrie in this burghe, marche in conveine at the mercat croce in thair best armour at the first touk of the ti™Lord''' drum, to marche fordward with the present armie led be the Lord Vicomit ^boyne. of Aboyn in his Maiesties service againes the covenanteris, conforme to the warrant and ordour gewin for that effect be the said Lord Vicount of Aboyn, his Maiesties lievtenent in the north, and that nane who enteris in service and tackes armes desert thair service and returne back fra the armie, without licience, vnder the paine of death and confiscatioun of all than* goods moveable. Eodem die. Eodem die. The toune being convenit, as said is, ar content and consentis that A watche all the inhabitantis of this burghe, both frie and vnfrie, fensible persones, ^l^P^^"'^*^" betwixt sextie and sexteine, keip the watche in propper persones be course as thay salbe warnit, vnder the paine of ten punds, to be payed be 174 EXTRACTS FROM THE [1639. Eodcm die. ilk persone absent, toties quoties, wnforgewin, aud that sic nichtboures as ar abowe the a; man sufficientli abowespecifeit. A watche ar abowe the aige of sextie yeires, being able in meanes, furnish a fensible appojnted. ^^^^ sufficientlie armed for keiping watche for thame, vnder the paine 17 June 17 June 1639. 1639. The quhilk day, the toune being convenit in the tolbiiith be the drum, it wes exponit to thame be Mr Alexander Jaflfray, prowest, that the Lord Vicount of Aboyn, his Maiesties lieutenant in the north, and Colonell Wil- leame Gun, who hes the chaii-ge and conducting of the present armie lyand in this burghe for his Maiesties service, hes commandit the magis- trattis to conveine the toune, and to signifie to thame that the said lieu- tenent, for the furtherance and advancement of his Maiesties service, must The Lord neids hawe frie quarteris wpoun the inhabitantis of this burghe for iuter- de'man'd'of tenement of foiu-e hundreth futemen and twa hundrethe horsmen of the foriiuer ^^^^ armie for the space of fyfteine dayes, or then the toune must furnishe tenement moneyes for thair intertenement during the spaice foirsaid, at the pro- armie and portioun following, towitt, sex schillingis daylie for ilk fute soiour, and answer'"'* fyfteine shillings daylie for ilk horsman, and the toune fornishing the moneyes, the said Lord Aboyn and Colonell Gun promeissis to giwe secu- ritie to the towne for refoimding back againe to thame of sic moneyes as thay shall presentlie advance and furnishe to the vse foirsaid, and thairfou- inquned of the toune convenit as said is, what answer thay will giwe to the saids propositiones, quha eftir advysement and consideratioun of the busienes, answerit all in ane voice, that thay ar content that ane thowsand dolouris be lifted in banck and gewin to the said Lord Vicount Aboyn for intertenement of the fou-said number of horsmen and soiouris for the spaice of fywe dayes, rather or the toune shuld be burdinit with the frie quartering of thame, and desyrit the magistrattis to try whair moneyes may be had, and to lift the same wpoun band, to be subscrywit 1639.] RECORDS OF THE BURGH OF ABERDEEN. 175 be the pro west, baillies, deane of gild, thesatirar, and certaine otlieris of 17 June tlie most specfall men of the toune, thay getting alvayes securitie frome — ^ the said Lord Aboyn and Colonell Gwn, for refounding of the same bak Aboyn, liis againe to the tonnes thesaurar, with ane halfif yeires annueh'ent thairof at the"touri^^ Martimes nixt, and the toune convenit as said is, all in ane voice, but ^o"" '"t^""" . . . . . . . tenement oppositioun or contradictioun obleissis thame to frie and reliewe thair of Ids magistrattis and sic as salbe bund with thame for the said soume of ane tl'e^town'es thowsand doloims, of the haill contentis of the band to be gewin be thame for the same, incaice the said soume be not refondit bak againe to thame be the said Lord Aboyn, and to contribute pro rata be taxatioun with the haill bo die of the toune for thair releiff. answer. Memorandum. — Albeit the toun condiscendit to len ane thowsand dolouris to the Lord Aboyne and Colonell Gwn for the caussis contenit in the act immediatlie befoirvi-ittin ; nevirtheles, becaus the Erlis of Mar- shall, Montrois, and Kingorne, come with ane armie of four thousand men or thairby to the Brig of Dee in the morne thaireftir, the eighteine day of Junij, and tuke in the said brig the nynteine day of the said moneth, at the intacking whairof the said Lord Aboyne and Colonell Gwn with thair whole companie, both horse and futt, left the feildis and fled ; thaii*- foir the moneyes wer not delyvered to thame. 26 t/wne 1639. 26 June 1639. The quhilk day, the prowest, baillies, and councell, ordaines the The toune toune to be convenit the tuentie aught of Junij instant, and the Kings convenit, Maiesties letter direct to the magistrattis and councell of this burghe to be Maiesties intimat to the nichtboures of the toune, and thair consent tobe craved for ^^^^F intimat to releiff of the prowest, baillies, deane of gild, and thesaurar, of the soume thame. of sewin thowsand merkis borrowit be thame and gewin to the noblemen cftir manifestatioun of the peace, for saiffing the toune vnplundered and 176 EXTRACTS FROM THE [1639. 2G June 1639. The toune to be convenit, and liis Maiesties letter to be intimat to tliame. Eodem die. Charge for restorhig of plun- dered goods. spoilled be the soiouris of thair armie, qiihilk was absolutelie concluded to hawe beine done, if the foirsaid soume had not beiue presentHe furnished and delywered to thame for compensatioun to thaii- soiouris of the spoill of the toune. Eodem die. The said day, the prowest, baillies, and counsell ordaines a chairge tobe gewin be the drum to all inhabitantis in this burghe byares and havares of any goodes plundered frome thair nichtboures or otheris quhat- sumewu-, that thay restoir the same to the righteous ownares within thrie dayes eftir the chau'ge, with certificatioun to all these in whose posses- sioun any plundered goods salbe fund thaireftir, that thay salbe conveiued and punished as actores and plunderares thameselffis. Eodem die. Ordinance to the Tliesaurar. Eodem die. The samen day the councell ordaines Andro Burnet, thesaurar, to borrow sex hundreth merkis to helpe to pay the poore peopill, inhabitantis of this burghe, of a pau-t of thair chairges debursit and susteaned be thame in quartering of soioui'is the tyme of the herbering of the late armies, quhilk soume thay ordaine tobe allowit to the said thesam-ar in his comptis. 28 June 1G39. Tlie Kings Maiesties letter manifest- ing the peace. 28 June 1639. The quhilk day, the haill toune, both frie and vnfrie, being warnit be the drum passand throw the haill streittes of the toune, to conveine this day within the tolbuith, and conveining thairin, for the most pairt repre- sentand the bodie of the toune, Maiester Alexander Jafifray, prowest, inti- mat to thame the missive direct to the prowest, baillies, and counsall of this burghe frome oure dread soueraine the kingis sacred maiestie, mani- festing the peace betwixt his maiestie and the nobilitie of the covenant, 1639.] RECORDS OF THE BURGH OF ABERDEEN. 177 and causit reid publictlie the said missive in audience of the tonne, whairof 28 June the tenour folio wes : — " To oure trustie and weilbeloued the pro west, The Kiiif^s baillies, and councell of Aberdeine. Charles R. Trustie and welbeloued, Maiesties wee greet yow well, hawing fullie vnderstood of your constant afFectioun man[fe.st- to oui-e service and sufiferingis, for the same we giwe yow heartie thankis, '"^ '-''^ and as heirtofore wee hawe written, we will not be vnmyndfull thairof : but oure subjectis who had offended ws, hawing at this tyme given ws satisfactioun, accepting of that which we propounded vnto thame, we hawe thought it fitt to acquaint yow therewith, to the end yow do not proceed in any thing touching hostilitie, but that yow setle your touue in a peaceable way, and so we bid yow heartilie fareweill. Frome oure camp at the Birkes the 18 June 1639." After the reiding of the quhilk missive, the said Mr Alexander Jaffray, prowest, shew and declaired to the toune, convenit as said is, that it is notourlie knawin to thame, notwithstanding of the mani- festatioim of the peace betwixt the king and the nobilitie, that the magis- trattis of this burghe wer forced to furnishe and borow the soume of sewin thowsand merkis money, and giwe the same to the Erlis of Marshall, Mon- trois, and Kingorne, to be distribute amongst the soiouris of thair late armie at the intaking of the brig of Die, for saifBng the toune vnplunderit and spoilled be the soiouris, and that the prowest, baillies, deane of gild, and tliesaurar, hes gewin thair band for payment thairof bak againe at Martimes nixt, with ane halflf yeires annuall to the persones eftirnamed, fra whome the same wes borrowed, ilk ane for thair awin pairtes, as is wnder writ tin, viz, : borrowit Fra Gilbert Hervie, elder, . . Thrie thowsand merkis. Fra Thomas Robertson, Fra Johne Fraser in Watterton, Fra Mr Thomas Gray, Fra George Richard, Fra Richard Cruikshank, . Fra Willeame Forbes, eldar, Fra Alexander Howyesone, Tuelff hundred merkis. One thowsand merkis. Foure hundreth merkis. Thrie hundreth merkis. Thrie hundreth merkis. Twa hundreth merkis. Twa hundreth merkis. 1 z 178 EXTRACTS FROM THE [1639. 28 June Fra Joline Raitt, . . . Ane hundreth merkis. — -' Fra Patrik Fergussoune, . . Ane hundreth merkis. Maiesties Fra Andi'ow Howyesone, . . Ane hundreth merkis. man[fest- ^^'^ Dauid Lindsay, . . Ane hundretli merkis. ing the peace. And thairfoir inquired of the toune, convenit as said is, if thay will The tonnes . . , , i • • ■ I ^ n • i i- consent to file and wan'and than- magistrattis of the soumes of money particularlie for fi'ieiii° aboue writtine, and annualrent thairof, at the hands of the particular per- of than- sounes befoir named fra whome the same wes borowed, wha all in ane magis- ' trattis of voice, but any oppositioun or contradictioun, consented and become bund, thowsaiid actit, and obleist to frie and liberat the said prowest, baillies, deane of gcfwhuo S^^^ thesam-ar, of the foirsaid soume of sewin thowsand merkis and tlie noljill- annuelrent thairof, till the same be payed, at the handis of evexie ane of men at tlie ^ ' _ jr j ' intackin^^ the particular persones befoir named, fi-a whome the same wes borrowit, of Dee. " and for that effect ar content to be taxt and stentit for the same, howsone the magistrattis and counsall for the tyme sail think expedient, and that taxtares and stentares be chosin thairof on the haill inhabitantis of this burghe ; lyikas thay become obleist to pay ilk ane than- awin pairtis of the said stent, conforme to the taxt roll to be sett doune, and gewin furth thau-anent within thrie dayes miet eftir the chaii-ge, vnder the paine of poynding and horning and wan-ding of thaii- persones, and ar content that letteris be direct to that effect be the Lordis of Counsall and Sessioun at the instance of the prowest, baillies, deane of gild, and thesaurar of this burghe for the tyme. Eodcm -IT • • • 11 Marquis of thowsand thrie scon* nyntein pundis foure shillmgis money as principal!, Huntlyes with ane hundreth and thrie punds money for ane halff yeires annuall thairof, togidder with the soume of aile thowsand punds of liquidat ex- penssis, togidder also with the ordinar annualrent of the said principall soume till the soume be payed, conforme to the band gewin be the saidis Walter Cochrane and Andro Burnet to the said Lord Marquis thairwpoun,- of the dait the sexteine day of Marche j™ sex hundreth threttie nyne yeires, registrat in the bookes of councell and sessioun wpoun the tuentie aucht day of December in the said yeire ; and becaus the band foirsaid was gewin to the said Lord Marquis for twa hundrethe muskattis, with thair furniture, and ane hundrethe pickes delyverit be his lordship to the toune of Aberdeine, of his Maiesties armour that wer send laitlie to the said Lord Marquis for his Maiesties service, whilkis pickes and muskattes with thair fm-niture being all plunderit and tackin frome the nichtboures of this burghe be the late armies that come to this toune, in the moiiethis of May and Junij last, quairthrow the nichtboures of this burghe that resawed the saidis muskattis and pickes refuissis to pay the same, bot hes , desjTit to raise suspensioun of the chairge foirsaid gevin be vertew of the saidis letteris of horning ; thairfoir the prouest, bailHes, and councell of the said burghe eftirnamed, thay ar to say Patrik Leslie, prouest, Mr Thomas Gray, Mr Matho Lumysdane, Mr Robert Farquhar, Mr Willeame Moir, bailhes, George Moresone, George Mengzies, Alexander Burnet, Adame Gordoun, Willeame Andersone, cowper, and James Hall, cordoner, ordaines Alexander Jaflfray, present deane of gild, and Thomas Buck, pre- sent thesaurar, to give thair band as cationeris for the saids Walter Cochrane and Andro Burnet for raising of the said suspensioun, and for payment to the pairtie chairger, of the saids soumes, principall, expenssis 198 EXTRACTS FROM THE [1640. 10 Jan. 1640. Suspension to be raised of tlie charges for the Marquis of Huntlyes armour. and annualrentis, incais it salbe fond be decreit of tlie Lordis of Counsfell and Seesioune, that tliay aucht so to do eftir thie discussing of the siispen- sioun to be raisit thairanent ; lyikas the prouest, baillies, and counsell abouenamed, binds and obleissis thame and thair successoris, prouest, baillies, and councell of the said bm-ghe present and to come, to waiTand frie releiwe and skaithles keip the saidis Alexander Jafifray and Thomas Buck, thair aires, executoris, and successoris of thair said cationrie and haill soumes of money, principall, expenssis, and annualrentis aboue speci- feit, and of all that may follow thairon at all hands and againes all deadlie. 15 Jan. 1640. Psalms to be sung daily at evening as well as morning service. 15 January 1640. The quhilk day, the prouest, baillies, and counsell, consideiing that praising of God be singing of psalms, is in itseljff most laudable at all tymes and occasiounes, and especiallie eftir publict prayeris both evening and morning everie day as befoir and eftir sermones, and that hitherto the practise of that exerceis hes not beine wsit within the kirk of this burghe at the evening prayeris as in the morning, and thay being most willing and caii-fuU that equall respect be had to Goddis publict worship amongst thame, hes appointit, and be thir presentis appoyntis the maister of the musick schoolle with his scholares to attend the evening prayeris to be red nichtlie, bothe sommer and winter, within the paroche ku-k of this burghe ; and eftir reiding of the pi'ayeris, to praise the Lord be singing of psalmes with the congregatioun in all tyme coraeing. 29 Jan. 1640. Jaffray, liis dis- charge of his com- missioun. 29 January 1640. The quhilk day, in presens of the prowest, baillies, and councell, com- pired Mr Alexander Jaffray, late prouest, commissioner chosine for this burghe to ane meitting with the remanent burrowes at Edinburghe, wpoun the se^vuit day of Januar instant, with continewatioune of dayes, for heuing of the report of Mr Willeam Cunniughame his diligence in his 1640.] RECORDS OF THE BURGII OF ABERDEEN. 199 commissioun latelie to court, and for advysing wpoun quliat is most 29 Jan. incumbent to be done for the gude of religioun and the cuntrie, and made — ' declaratioun at length of suche materis as wer treatted at the said meitt- iiis ail.' ing — namelie, that thair is ane subsidie granted be the nobihtie, gentrie, and burrowes present thairat of ten merkis Scotts money, to be wplifted missioun. of everie hundrethe merkis of yeirlie rent deu and payable to whatsumewir persone within this kingdome, alsweill to burghe as landwart, for defraying of the chairges bestowed on the late trubles, and releifF of theise that hes wndergone the burdine, and deburst out moneyes, wictuall, or other pro- wisioun in that commoun business, and thairwith declared that he insisted, alse earnesthe as possibhe he culd, that oure tounes debursments and losses in these trubles shuld be satisfied and refoundit be the said sub- sidie, quhilk was refuisit, as lyikwayes dyvers wther petitions of that kynd made be some of the gentrie for refounding of thair losses was also refuisit ; and forder, the said Mr Alexander Jafifray, commissioner foirsaid, producit the copie of the latter will and testament of wmquhill Mr Robert Johnstoun, Esquire, resident at Londoun, quhairin he has left the soume of sex hundreth punds Stirling money to this burghe to be im- ployed in forme and maner, and wpoun the conditioun mentioned in his said testament, qilhilk is of the date at Londone, the threttie day of September, j"" sex hundreth threttie nyne yeires, the coppie whairof sa far as concernis the said legacie heireftir followes — viz., also I giwe and Legacie, bequeath wnto the prowest and baillies of Aberdeine, in the said realme johnstoun of Scotland, sex hundreth punds sterling, wpoun thair putting in sufiicient *° ^^^^g^""" surities wnto my saidis executores and owersier, to imploy the said soume deine. in a stock to remaine in perpetuitie forewir, that the poore people of the said citie of Aberdeine may be sett at wark in lauchfuU treddis and manufactories for the benefite of the commounwealth, quhairby the aged, blind, leame, and impotent people of the said citie of Aberdeine may be releiwed yeii'lie out of the profite and incres of the said stock. 200 EXTRACTS FROM THE [1640. 5 Feb. ]640. Anent the General 1 Band of Releiff. 5 February 1640. The quhilk day the prowest and baillies hawing resawed instnic- tiones frorae the nobilitie at southe wnder thair handis, and some of the gentrie and burrowes, anent the forme of payment of the subsidie appointed to be wplifted of all persones within this kingdome, alseweill to burghe as landwart, for defraying of the commoun chairges bestowit on the late trubles, togidder with ane copie of the generall band appointit to be sub- scrywit for payment of the same subsidie, as lyikwayes a letter sensyne frome the noblemen, whairby thay recommend Mr David Dalgleish, minister at Cowper, to be ane of the ministeris of this burghe, and withall bering thair advyse to this burghe to keip vnion as other burghes with the rest of the nation for manteuing the puritie of religioun and liberties of the kingdome, and the saids instructiounes, generall band, and missive being all red and considderit in couucell, and thay finding that no answer culd be returnit thau-anent till first the busienes be emparted to the bodie of the toune, and that thay expres thameselffis how thay ar affected in all these particulares, thairfoir thay ordaine the haill toune to be warnit to Twysday nixt, the ellevint of this instant, to the effect the premisses may be intimat to thame, and thay required to giwe thair answer and advyse thairanent. Followis the tenour of the saids Instructiones, Generall Band, and Missive. Instruc- tiones anent the IJand of Releiff. The Instructiones. Forsamekill as manie and dyvers nobillmen, gentilmen, burgesssis, and vtheris, out of thair gude affectiones to religione and liberties of this kingdome, haue debursed moneyes, gevin out wictiiall, or ingadged thameselffis for soumes of money, and vther provisioune necessar and vrgent for the publict vse of this kingdome, the releiff quhairof wes ex- 1040.] RECORDS OF THE BURGH OF ABERDEEN. 201 pectit to liaue beine made by Act of Parliament, and now sieiug the 5 Feb. determinatioune of tlie Parliament is delayed, and the tyme thairof as — ' yit wncertane, quhairby these who have ingadged thameselffis, or debursed tiones the saidis moneyes or wther provisiounes, lyes out of payment, alsweill of ^"^"| principall as annnalrent, to the hazard of thair credite and danger of thair ReleifE. fortunes, quhilk is contrarie to equitie and resone, seing the benefite arrysing to ws, alsweill in removeing of oiu" evilles as in the seciu'eing and reforming of religione ar equallie communicate to ws all, according to oure seucrall estates and degries we aucht thairfoir in equities to beare ane proportionall biuxling of the saidis chairges, according to oure estates and fortunes : for effectuating quhairof, necessar it is that the rule of proportioune be keiped, and everie man, alsweill to burglie as land- wart, pay ane equall and proportionall pairt, according to his estate and yeirlie rent of lands, money, traid, or wtheris, quhairby yeirlie profite and commoditie arryses : and to the effect the samen may be performed in the most equitable and fairest way, it is necessar first, that the generall band be subscryvit be all the noblemen, gentlemen, heritoUris, and wtheris ■\^dthin the shirefdome, quha salbe convened for that effect be the persone intrusted efter specifeit, and quhilk persone sail make ane accompt thairof betwixt and the sevint day of Marche nixt to come, with a particular note of the names and designatiounes of these who hawe subscrywit the same, and of these quho refuise or delayes to subscrywe the samen, alsweill burghes as landwertmen. Next, that the noblemen, gentilmen, and wtheris heritouris within ilk presbitrie, at leist so manie of thame, as eftir intimatioune to be made to thame, may conveine and mak choyse of foure or mae suorne landit men or vtheris of gude fame and credite, who sail tak exact tryell in like maner as thay sail think fitt of the yeirlie worthe of everie man's rent, estate in wictuall, money, or wther rent, quhairby yeirlie proflfeit and com- moditie arryses without biu'ghe, and to distinguish the particular rentis of ewerie seuerall paroche. Secondlie, thay must keip the particulares of everie particular man's 1 2 0 202 EXTRACTS FROM THE [1640. 5 Feb. 1640. Instruc- tiones anent the Band of Keleiff. rent besyd thameselffis, that the samen be not divulgat but to thair awin nichtboui-es among thameselffis ; thirdlie, the saids persones sail take vp and esteime the saids rentis, all as frie rent, without deductioun of any burding except ministeris stipendis and few-dueties, and wtheris dew to his Maiestie, or wtheris superiouris, with clauses irritant ; the rent of buyares and sellares of wictuall, and wtheris handleris and trafficqueris without burghe, most be estimat according to thair stock. Lyfrentaves must pas as heritouris, and thair rent gevin wp in lyk kynd as heritouris ; consideratioune most be had, quhat grassnmes ar payed at the entrie and small dewtie thairefter, that thair rent may be esteimed conforme ; so soone as the saids persones hes takine ane exact tryall of ilk man's particular rent within ilk parochin of that said pres- bitrie, thay must set doune ane roll of the parochinares within that pres- bytrie, togidder Avith the total soume in cumulo of the rent of the said parochine, alsweill in wictuall as money, quhilk roll most be subscrywit be thame, testifeing the samen to be trew, wpoun thair honour and credite, according to thair knowledge. Than is ane appointed in ewerie presbitrie within this kingdome for agenting of this busienes, and sie it putt to ane speidie and finall conclusioune, quho most be answerable to giue ane accompt thau-of, and to report the same to these at Edinburghe, quho salbe instrusted in the commoune bussines, and that betwixt and the said sewint day of Marche nixt to cum ; and for the knowing of the pro- portioun dew be the burghes, it is condiscendit that the magistrattis within burghe sail mak choyse of thair ordiner number and quantitie of persones vsit in lyke caises, who salbe sworne to mak ane just and trew estimatioun of everie manis rent within the burghe, of burgage, land, and trade, thair dwelling houssis onlie exceptit, and give wpe the same in particular to the saidis magistrattes, who salbe obleist to report the same in cumulo to these who shall resyde at Edinburglie, vnder the saids magistrattes hands on thair credite and honoiu- ; and for eschewing of the discowerie of ewerie manis estate, within or without burghe, quhairby thair credite may be indangered, it is to be remembred that evcrie man 1640.] RECORDS OF THE BURGH OF ABERDEEN. 203 must pay for his rent except the ministeris stipends, few-dueties, and 5 Feb. wtheris foirsaids as frie rent, without anie burding or debt, walued bollis, — * or wther dewties quhatsomewir ; for recompence quhairof, ewerie debtor tiones sail have retentioiine frome his creditour of anie proportionale pairt, p"^"[,Jf'^ according as the impositioxme salbe layed on, and the annuelrent salbe Releiff. frie of anie wther payment for that soume qnhairout the said proportionall pairt salbe deducit, and sail not be stentit for the same, whether he dwell within burghe or without burghe, pro wy ding alwayes that incaice the said annuelrent be not payed yeirlie, at least within thrie moneth thair- eftir, thair salbe no retentione of the said proportionall. The lyik proportionall retentione is to be had for walued bollis, or wtheris burdingis or dewties payed out of the lands or rentis, and least the said commoun releiff sould be hiudred or delayed in anie sort, it is condiscendit that gif the said report sail not come frome the saidis parochines, or presbi tries, or burghes respectiue, at the day to be prefixed, in that caice, it is determined that these who salhave trust in the com- moune affaires sail have power to impose vpoun the saidis presbytries, parochines, or burghes sick a proportionall pairt as thay sail think expe- dient ; so we intreat yow to sie all thir things done, as we salbe youre assiu'cd freinds. Sic suhscrihitur, Argyll, Rothes, Montrose, Eglintoun, Wauchope, J. Burghly, J. Smyth for Edinburgh ; James Fletchir, Dundie ; Tho. Bruce for Stirling; T. Semple, M. Campbell. Edinburgh, 18 Jan. 1640. The The GeNERALL Band. generall We, the prowest, baillies, counsall, and deacones of craftes and wtheris of the burghe of Aberdeine, onder subscryvand, considering how just and neidfull a thing it is to ha we the commoune charges bestowit in the lait trubles of this cuntrey payit, and these quho have ather wnder- gone the burding or hawe debursit out money, victuall, or vther proui- sioune, be payed and releiwit of the same alse speidilie and tymouslie as 204 EXTRACTS FROM THE [1640. 5 Feb. may be, doe heirby heartilie, frielie, and willinglie oflfer and promeis for — ' ws and oure successotu'is, to pay and delywer to (Jeiicrall > or tliair dcputtes appointed for the samen, the Band. soumc of ten merkis money Scottes of .everic Imndretli mcrlds of yeirlie rent dew and payable to ws and the remanent burgessis, inhabitantis, and wtheris lyable in extentis within oiu*e said burghe for biu-gage and trade, or wther commoditie Avithin bnrghe and liberties thairof, and that conforme to the estimatioiine to be made be ane competent number of the ablest, most judicious, and wnderstanding honest men to be chosine be the magis- trattes and counsall of the said burghe, for setting doune ane estimatioun and valuation of all the saidis inhabitantis, burgessis, and wtheris forsaids within the said burghe, or lyable thairto of thair estates and meanes dew to thame be burgage, land, trade, or wther commoditie within bin-ghe and liberties thairof (thair dwelling houssis, hospitallis, college, or schooll rentis being exceptit), and quhilk estimatioune so to be made, we obleis ws with all diligence to expeid and report the samen in cumulo vnder the magistrattes hands to the saidis collectouris and thair foirsaids, and sail pay the said soume of ten merkis of euerie hundi-eth merkis of rent fok- said betwixt and the first day of April nixt to cum, togidder with ten merkis money foirsaid for everie hundreth merkis failzie, and annualrent thaireftir incaice of retentioune eftir the said day of payment, termelie, but prejudice to sute executioune heirwpoun ; and becaus that everie man alsweill to burghe as landward payes for his rent as frie rent, and not burdined with any dett or wther burding, except as in the seuerall bandis exceptit, thairfoir it is heirby declairit that the debtour shall have reten- tioune frome the creditour of the lyik soume payit be him out of everie hundreth merkis of annualrent or wther bm-ding, pro vy ding the said annualrent or wther dewties be alvayis payed within the yeire, at the least within thrie monethis thaireftir, otherwayes he sail hawe no reten- tioune of the samen, and for the more securitie, we ar content and con- sentis that thir presentis be insert and registrat in the bookis of counsall and sessiouu, to have the strengthe of ane decreit of the lordis thau'of, that 1640.] RECORDS OF THE BURGH OF ABERDEEN. 205 lettres of horning on sex dayes and wtlires as eifeires may pas lieirwponn, 5 Feb. and thairto we constitute onre procnratoris. ^, — The In witnes quhairof we hawe subscryvit thir presentis with otu-e handis Generall written he Robert Neill, servitour to Willeam IngHsh, wreitter. The Missive. " To onre afFectionat and worthie freinds the pronest, baiUiee, and counsall of Aberdeine, These. Worthie freinds being remembered of the great want youre cittie hath of some minister, and beinge cairfuU tliat ye might be provydit with on of the best in thir pairtee, we hawe writtin eai'nesthe to Mr Dauid Dalglesh, minister at Cowper, a man of great learninge and abilities, both for preaching and sustaning disputes againes papistes, wishing God his paines may be etFectuall amonges yow, and that ye may be all cairfull to keip vnion as wther burghes with the rest of this nation, for mentening the puritie of religioun and the privi- leges of the kingdome, and that ye wold lay asyde all prejudices, and labour to hold out those evillis intendit for both ; doe not as many who think themselffis tyed to mentein thair former practise ; remember how ye hawe beine mislead against the whole kingdome with some particular persones who desserted yow, and seing by oure cariage we hawe vindi- catt oureselfSs frome these aspersiounes which thay suggested to yow, and without any by respect hawe onlie sought the publict good, we doe most earnestlie beseach yow to joyne with us heartilie heii'in, and latt the euidence heirof be suche as to remove frome oure adversaries all hopes of your concurrance, that so thay may be diuertit fi'ome landing amongst yow, and making yovu- tovm the principall seatt of war and divisioun ; and if any among yow heartneth enemies to come, ather convert thame by richt informatioun, or els remowe thame, and joyning with us by all your best meanes to preserve the bodie of this kingdome frome mine, we sail acknowledge yow as fellow feiluig memberis thairof, and be in everie 206 EXTRACTS FROM THE [1640. 6 Feb. thing youre most afifectionnat freinds to serve yow. Sic suhscribitur AxgyW, — ' Kothes, Montrose, Dalhousie, Lowthian, Tester, Lindsay, Balmerino. Edin- burgh, 25 January 1640. 11 Feb. 11 February 1%^0. 1640. ^ The toun The quhilk day, the toune being convenit in the tolbuith be the convenit. . . hand bell, Patrik LesHe, prowest, shew and exponit to thame that the nobilitie at south, with some of the gentrie and burrowes had send thau- instructiounes vnder thair hands anent the forme of payment of the sub- sidie appointed to be wplifted of all persones within this burghe, alsweill to burghe as landwart, for defraying of the commoune chairges bestowit on the late trubles, togidder with a copie of the generall band appointed to be subscrywit for payment of the same subsidie, togidder also with a letter sen syne frome the nobillmen, whairby thay hawe recommendit Mr Dauid Dalgleish, minister at Coupcr, to be ane of the ministeris of this burghe, and withall bering thair advyse to this burghe to keip vnion as other burghes with the rest of the natioun for mantening of the puritie of religioun and liberties of the kingdome ; quhilk instructiones, generall band, and missive being oppinlie red ia audience of the toune, convenit as said is, the prouest inquired of thame what answer shuld be returnit to the nobilitie concerning the same, quha tuke to be advysit for geving thair answer thau'anent till Friday nixt, the fourtene of this instant. 14 Feb. 1640. TheT^nes 14: February 1640. answer anent tlie fphe quhilk day, the toune being convenit within the tolbuith be the subscryv- •■■ . . ing of the hand bell for gewing thair answer anent thair subscriptioun of the generall Band of band, and contributiones accordinglie for defraying of the commoun chairges andoU'ier bestowit in the late trubles, as lyikwayes for gewing thair answer anent parti- ]yjj. Dauid Dalgleishe, minister at Cowpar, who is recommendit be the mandit of nobilitie to be one of the ministeris of this burghe, and withall anent thair thame. [1640. RECORDS OF THE BURGH OF ABERDEEN. 207 vnion and joyning with the rest of the natioun for mantening the puritie ^^q^q^' of reliffioun and liberties of the kiugdome, and being demandit vpone ^, — _ ° _ o ' o i Tlietowncs everie ane of the same particulares, answered as followes : And first, anent answer • • fluent tliG the subscryving of the generall band, thay ar content for than- pairtes, subsciyv- according to the weaknes of thair meanes, to go on subscrywe and con- Qf„gpQ|"^ tribute proportionablie with the remanent burrowes and bodie of the kingdome, and be resone thairof desyres thair magistrattes to entreatt and other the nobihtie that thay wald be pleased so to respect oure toune in that cnjares de- contributionn, that thay may be satisfiet amongst the rest of what thay [Jlame' °^ hawe reallie deburst and spent on the armies during the tyme of the same trubles. Nixt, anent the keiping of vnion with other burghes, and joyn- ing with the bodie of the kingdome as fellow feilling memberis thairof againes forane invasioun, in that particular also thay promeist to contri- bute thair best helpis for the publict good of the kingdome ; and last, anent the planting of the said Mr Dauid Dalgleish in the vacant roume of oure ministrie, thay answered, becaus the provisioun and stipend of that minister must be payed be a voluntarie contributioun of the inhabitantis of oure toune, thay wold not contribute to any but to those whome they knew and vnderstude both of his giftis, lyff, and conversatioun, and de- claired that thair ar sindrie worthie men within this province whois giftis and lyff is weill knowin to thame, off whome they desyred thair magis- trattes and coimsell to mak chois who sail give content both to the nobi- litie and whole kh-k of Scotland, and thairfoh' desyred thair magistrattis to wreitt to the nobillmen for macking a charitable constructioim of thair proceidingis heirin, and not to suffer any forder harme or violence to be vsed wnto thame, bot to esteime thame as fellow feilhng memberis of the bodie of this kingdome. 18 February 1640. 18 Feb. 1G40. The samen day, in presens of Patrik Leslie, prowest, and Mr Wil- jn^pi-gca- leame Moir, baillie, Issobell Davidsone, servant to Johne Smith, fleshour, tion® against wes convict and put in amerciament of court for vsing imprecationis aganis the cove- nanters. 208 EXTRACTS FROM THE [1640. 18 Feb. 1G40. Impreca- tions agaiust the cove- nanters. the covenanteris be saying, Let newer the covenanteris hawe any pairt in the kingdome of heavine, nor no pairt moir nor schoe had gude of thame ane number of traitoris, and being forbidden to curse, for saying shoe should neither ban thame nor blood thame, bot bursen be thow within ; Johne Smith foirsaid become cautioner for the said Issobell Davidsoun for payment of sic vnlaw as the counsell sail modifie for hir transgressioun to forbeare, Sor the quhilk the said Issobell is ordanit to be putt in the joigs, thairin to remaine fra nyne houris to tuelff ; farder, the said Issobell ordanit to pay ane dolour to the deane of gild, and to be frie of her personall punishment. 19 Feb. ir,40. Act anent Rob, Calsey- macker. 19 February 1640. The said day, the prowest, baillies, and councell ordaines Andro Rob, calsiemaker, personallie present to tak doune the tuo long jeastis infixit be him m the midst of the kingis calsie forgaines the tenement of Dauid Aidye in the Greiue for holding wp the fou-wall of his house whairin he dwellis, and to sett the saids trees within the gutter alsneir to the said Avail as possible may be, and that withall convenient diligence, to the effect his maiesties Hedges may have frie passage that way at all occasiones, but trubill or impediment, whilk the said Andro Rob promeist sa to doe. 11 ]\Iillc1lC 1640. Deane of Gild .ap- p(i3-ntc(l to advance vjc nicrlcis to Lieu- tenant Colonell Forbes. 11 Ilarch 1640. The said day, the prowest, baillies, and counsall ordaines Alexander Jaffray, deane of gild, to advance and deburse the soume of sex hundreth merkis money to Lieutenant Colonell George Forbes for himselff, and to help to pay the rest of the commanderis wha ar recommendit to the toune be the Earle Marshall his missive letter, du-ect to the councell for that effect, whilk soum salbe allowit to the said deane of gild in his comptis. IGiO.] RECORDS OF THE BURGII OF ABERDEEN. 209 8 April 1640. 1640. The quliilk day, the prowest, baillies, aud coimcell of the buro-he of J-iffi'iy ... . chosm Aberdeme being convemt m the tonnes counselhous, electit, nommat, and commis- chusit Mr Alexander JafFray, than- lait prowest and commissioner of parha- nieHTiiif^ ^ ment, to be commissionar for this biirghe, for keiping of a meiting of the ^^^i^yftig nobihtie, barrones, and burrowes of this kingdome, appointed to hanld at and estates Jliclmburgh the sevinteine day of Apryll instant, conforme to the missive burgh. direct for that effect to the prowest, baillies, and coimcell of this burgh e be the commissionares of the burghe of Edinburghe, dated the tiientie fyft day of Marche last bypast, with power to the said Maister Alexander Jafiray, to treatt, resone, vote, conclude and determine with the estates there to be convenit vponn such materis as salbe treatted at the said meitting tending to the glorie of God, and mantenance of religion, lawes, and liberties of this kingdome, promitting to hauld firme and stabill what- sumeAVu- thau' said commissioner shall doe in the premisses, and ordaines Thomas Buck, thesaurar, to deburse the soume of tlirie hundreth merkis money to the said commissionar for macking his expenssis to ane compt, quhilk salbe allowit to the said thesaurer in his comptis. 9 April IQAO. 9 April 1640. The quhilk day, the toune being convenit in the tolbuith be the Chusing of handbell for electing and choosing of taxstares to stent the nightboures for iTerft- and inhabitantis of this burghe, who hes subscrywit the generall band of J"^^!^*'^®^. releiflf, for payment of the soume of ten merkis money of everie hundreth payment merkis of yeu-lie rent, dew aud payable to thame for bm-gage, land, trade, or tent partis wther commoditie within burghe and liberties thairof (thair dwelling- to'tlie™^ houssis, hospitallis, college and school rentis being exceptit), and that for g^""^^^ defraying of the commoun chau-ges bestowit in the late trubles of this kingdome, and whaii'as sindrie of the nichtboures makis scrupule to sub- scrywe the said band becaus it is not set doune thairin for what spaice of 1 2D 210 EXTRACTS FROM THE [1640. 9 April 1640. Chusing of taxtarcs for stcnt- ing tlie toim for payment of thair tent partis confonne to tlie General! Band. tyme the said contributioune sould endure; thairfoir, and for satisfeing the haill inhabitantis of that surupule, Mr Thomas Gray, baillie, caused reid publictlie in thair audience a letter direct frome the nobilitie and otheris of the committie at Edinburghe to the prowest, baillies, and counsall of this burghe beirand that the said contributioun sail in- dure for the yeire of God 1639 allanerlie, off the quhilk missive letter the tenom* followes : — " To our worthie freindis the prowest, baillies, and counsall of Aberdeine. Worthie freinds, we hawe hard of some doubtis yow mak anent the subscription of the band for the tenth pairt ; and first in the durance thereof; for answere wherewnto yow may mend it in the margine (for the yeire of God 1639 allenerlie.) SecundHe, yow say that some will pay money and not subscrywe the band. This will not be received ffome any, seeing it is of ane ill example, and will open a doore to many inconveniences, we hope ye will goe on hartilie as other burghes in the kingdome, and giwe no occasioun of suspitioun, but rather to be a gude example to the rest of that shyre, we have thought it fitt to levie a regiment to be vnder Colonell Monrois command, which is appomted for the north, as weill to keip off foraine invasion as to redres intestine jarris, whome we intreatt yow further and assist in all things tending to the weill of the cuntrie ; and becaus we have no tyme in this present to wreitt moir largelie to yow, yow shall know that we ar to send on to yow and the rest of that shyi-e with such instnictiounes and informatiounes as ar fitting to be repi*esented to yow and thame for the weill of the cuntrie in generall and yourselffis in particular, to which tyme we rest your affectionat friends. Sic suhscrihitur Montrose, Lowthian, Balmerino, Burghly, Forrester, Patrik Hepburn of Wachtoun, F. Hepburne, Richard Maxwell. Edinburghe, 20 March e 1640." Eftu- the reiding of the quhilk letter, the tonne convenit as said is, electit, nominat, and chusit George Richard, Mr Patrik Chalmer, Robert Smith, Alexander Farquhar, James Smith, Thomas Gray, Thomas Burnet, Robert Forbes, Walter Cochrane, Willeame Forbes, elder, Dauid Aidy, Johne Leslie, George Pyper, Wil- leame Ord, wricht, James Christie, tailyeour, and James Hall, cordoner. 1640.] RECORDS OF THE BURGH OF ABERDEEN. 211 to be taxtares and stentares for setting doune ane estimatioun and valua- 9 April tioun of all the inhabitantis of this burghe svibscryvares of the said band, -;— of thair estates and meanes due to thame be burgage, land, trad, or taxtares wther commoditie within burghe and liberties thairof (except befoir ex- th"'" ceptit), and for setting doune and giving furth a stent roll thaii-wpoun ^^y'^g^^'j subscrywit with than- handis beirand the particular soi;me of money whair- of thair wnto ilk persone is stentit, quhilkis taxtares being all personallie present confdrme except the said George Ricard, acceptit the said chairge in and wpoun Qg^Jg^-aii thame, and gave thair solemone oathes for stenting thair nichtbouris Band, wprichtlie according to thair knowlege, without partialitie or respect of persones, conforme to the order prescryveit be the said generall band, to the quhilkis taxtares abouenamed, Mr Thomas Gray, Mr Wm. Moir, baillies, wpoun considerable respectis, wer conjoynit to sitt as taxtares with thame as being abill, judicious, and vnderstanding men for setting of the said stent, and was sworne to that effect. 15 April 1640. • 15 April 1G40. The quhilk day, the prowest, baillies, and counsell, for satisfactioun ^^^^..^ of the desyre of a letter dii'ect to thame frome the Erll Marischall, dated at advancitto Dunnotter the tuelff of Aprill instant, ordaines the soume of ane thowsand colonell"* merkis money to be advancit and delyvered to Levetenant Colonell George '^o'''^^^- Forbes be the deane of gild, thesaurar, and Mr of the Impost, proportion- ablie amongst thame as followes, viz., be Alexander Jaffray, deane of gild, twa hundreth merkis, be Thomas Buck, thesaurar, foure hundreth merkis, and be Patrik Moir, Mr of Impost, foure hundi-eth merkis, qi;hilkis soumes, with the soume of sex hundred merkis formerlie advancit be the deane of gild to the said levetenant colonell Forbes, is ordanit to be refoundit bak agane to the advanceris thairof in the first end of this burghes taxatioun, payable to the nobilitie be vertew of the generall band of releiflf. 212 EXTRACTS FROM THE [1640. 15 April 15^;m71G40. 1640. ^ IsobelBlak The said day, Issobell Blak, spous to William Baxter, convict, be the joggit depositioun of witnessis, for injuring and slandering of George Boyes, laxfisher, in saying he had stolen a kow from Petfoddellis, and sould have bein haugit thairfoir, fifor the quhilk the said Issobell is ordanit to be joggit or then to redeime herselfif be payment of ane dolour, and to crave the pairtie offendit pardon in a fenceit com-t on Friday nixt, otherwayes no redemptioun fi'ome the joggis. 22 April 22Ji?n71640. 1640. Liceiice quhilk day, anent the supplicatioun gewin in to the prowest, fjcwiii to baillies, and counsell be Andro Rob, calsiemaker, mackand mentioun that Rob anent , ' . . / ' . tliebigging quhair out of ignorance he did latelie put wp ane stair for entring to his foir steppis of hous biggit be him in the south syid of the Greine, hopeing the same sould Ills stair, gather give olfence to any, nor yit be preiudiciall to the kings hie streit ; and becaus the said stair is so necessar for a passage to his said hous whilk he hes biggit wpoun his great expenssis for decoratioun of that paii't of the toune sa far as in him lay, thairfoir he humblie desyrit thair wisdomes that thay wald be pleasit to suffer the said stair to stand wn- dimolished, ffor the quhilk he sould obleis himselff to i-epair and help any defect in the calsies of this burghe whilk he laitlie repaint, and that wpoun his awin expenssis diu-ing his lyftyme, as in the said supplicatioun at lenth was contenit, whilk being at length considderit be the saidis pro- west, baillies, and counsell, and eftir occular inspectioun had be thame being convenit wpoun the ground abefoir for that effect, thay fund that the said hous cannot be convenientlie servit wanting a stair to enter thairwnto, and that the holding wp of the said stane steppis does not hinder the passage in the kingis hie streit, thau-foir thay hawe giwen and grantit, and be thir presentis giwes and grantis licence and tolerance to the said Andro Rob to hold and keip wp the stane steppis biggit be him 1640.] RECORDS OF THE BURGH OF ABERDEEN. 213 to the foirsaid wall of the said hoiis for entrins: to the owerhous thau-of 22 April 164:0 wpoun the couditioiines eftu- following, ffor the qiihilk licence abouewrittin — ' the said Andro Rob bindis and oblessis him, his aires and successoures, ^ewin to heretabill proprietares of the said fifoirhous, to pay and delywer to the ^,ebi^'gi"ii thesaurer of the said biirsrhe tuentie sex schillingis aucht penneis Scottis °^ . . . . . steppis of money of yeirlie dewtie in all tyme coming, efter the said Andro his his stair. deceas whom the same salhappin, and in the meane tyme to wphold, man- teane, and repair the new calsies of this bm'ghe, biggit and to be biggit thairin in all the defects and ruynes thairof on his awin proper charges and expenssis duringe his lyftyme, whilk the comisall ar content to accept in satisfactioun of the said yeirlie dewtie during the said space, and thau-eftir the said fou'hons to be onlie aflfectit with the payment of the samen yeirlie dewtie of tuentie sex schillings aught penneis in all tyme thaireftir, to be payed at Witsonday and Martimes in winter be equall portiounes to the thesaurar of this burgh for the tyme ; provyding alwayes if the charges to be made be the said Andro in furneshing sand and steanes for repairing the defectis of the saidis calseyis exceid in a yeir the foirsaid yen-lie duetie of tuentie sex ss,, eight d. ; in that caice the toun to be lyable in payment to him of the super plus of his deburse- mentis for sand and stanes, nor the said yeirlie duetie extendis to. 5 May 1640. 5 May 1640. In presence of Mr Robert Farquhar, baillie, Helen Mearnes, spous to Willeame Wilsoun, watterman, convict of her awin confessioun, and be the depositioun of witnessis, for injuring of Janet Walker in rugging her be the hair, and casting a cap at her [ordered] to forbeare, &c., . . . her vnlaw modefeit to fourtie shillings. 214 EXTRACTS FROM THE [1640. G May 1640. Jaffrayes discharge of his com- missioun. Instruc- tiones for com- manderis and soiouris. 6 May 1640. The said day, in presens of the pro west, bailhes, and counsell, com- peirit Mr Alexander JafFray, lait pi'owest, commissionar chosin for this burghe to the ParKament and Generall Assemblie laitHe hauldin at Edin- burghe, and to twa wther meitingis of the estates sensyne, tuitching the efifaires of this kingdome, and made ane ample deolaratioun of snche materis as wer treatit at the saids twa last meittiugis, as he had done abefoir of the proceidingis in Parliament and Assemblie; inrespect quhairoff the saidis prowest, baillies, and coimsall findis that the said Mr Alexander hes dewlie and faithfullie acqnytit himselff in his saids commissiounes, and thairfoir dischairges him of the samen. Followes the particular instructiounes and ordour sett dotine be the estates of this kingdome for mantenance of commanderis and soiouris of the regimentis appointit to be levied for the publict service of the cun- trie, quhilkis instructiounes the said Mr Alex. Jaffray producit, and the prowest, baillies, and counsall ordaines the samen to be registrat in the counsall register ad futiiram rei menioriam. Efter dew consideratioun and long debait be the nobilitie, barones, and burgessis convenit for the tyme at Edinburghe, the sevinteine day of Aprill instant, anent the most expedient and easiest way for defence of oure religioun, lyves, and liberties in this vrgent extremitie, efter con- sideratioun 'had of oure present estate and conditioun, togidder with all objectiounes and inconvenientis might follow, being confident that all who loves religioun or the liberties of this kingdome, will rather adventm-e what they have than run the hazard of being perpetuallie miserable, hawe thoght it necessar that the tent pairt of the rentis alreddie appoyntit be with all possible diligence ingathered and sent to Edinburghe to the collectoris generall appoyntit for that effect, togidder with the valua- tiounes and bands which ar not yet come in, for effectuating quhau'of, the collonellis in euerie shirefdome or presbiteries, togidder with the nobill- men and gentillmen there, ar appointit to haist in the saids valuatiounes, 1640.] RECOEDS OF THE BURGII OF ABERDEEN. 215 bands and money betwixt and the tuelff day of May next to come at 6 May fardest ; lyiltas the said chairge is imposit vpoune thame, with certifica- — ' tioun if thay doe not send in the said money or dihgence betwixt and the tiones for said day thay salbe lyable thameselfEs thairto — viz., the Earle of Mar- ^^jgyjg schall, the Lord Fraser, and the Maister of Forbes for your schyre, who r> 1 11 • 1 • soiouns. sail hawe power to seik acompt of the collectoris, and put everie man to it according to the last instructiounes ; lyikas the haill commissionares of burrowes presentlie convenit wer appointed to giwe either reall moneyes or securitie for payment of thair seuerall pau-tes, with thair valuationes betwixt and the said tuelff day of Maij nixt to come ; and becaus efter exact tryell be commoun calculatioun of the said tent pairt, it is found that the present necessar imployment will neid a stock of money alsweill for payment of the twa standing regimentis for the south and north, and of the commoun magazines and oflSciares of artiliaries, as of the third pau't of the wther soiouris pay, to be levied out of the schyres conforms to the proportioun of everie schyre ; therefoir all in ane voice efter long reasoning and disput, thought most fitt that when we shalbe necessitat to bring ane armie to the feildis, or to defend anie pairt of the cuutrie which salbe invaded, that all the men who sail be sent out or made vse of within any schyre or schyres sail be intertained according to the proportioun of men and quantitie of wictuellis where out of they come, or to whome they sail belong, for the spaice of fourtie dayes efter thair outcoming, conforme to the proportioun of the saids schyres, and that by and attour the said tent pairt — viz., for your proportioun tua thousand ane himdreth foote, twa hvmdreth horse, twa hundreth cariage horse, twa hundreth guardis hagbutteris, tua hundreth pyners. A commone soiour hes for meat and drink munethlie ane firlott twa peckis nieall, ane firlott malt, with twa schillingis in the day of money. All wther officers vnder the ensignes to have pay payit the twa pau-t thairof in meall and malt, and the rest in money. The capitane of foot not being a soiour of fortunes, twa furlots wheat, ane boll twa furlotts meall, ane boll malt, twa bollis aites, and 216 EXTRACTS FROM THE [1640. 6 May 1640. Instruc- tiones for com- manderis and soioui'is. aughteine punds money. The lievtennent of foot the lyk kynd — twa fur- lots quheat, ane boll meill, twa furlots malt, ane boll aitts, twelff punds money. The ensignes of fate of the lyk kynd — ane furlot quheat, thrie fur- lotts meill, twa furlotts malt, ane boll aites, and aught punds money. The soiom-is of fortune of the lyk qualitie to hawe the lyk proportion of victuell, and all the rest of thair pay in money. A capitane of horsse to have thrie furlotts wheat, twa boUis meill, ane boll twa furlottes malt, foure bollis twa furlottes aites, and twentie- foui-e punds monethlie. A lievtennent of horsse, twa furlotts wheat, ane boll twa furlotts meill, ane boll malt, thrie bolls aittes, and sexteine pund money. The cornet of horsse is to have twa furlotts wheat, ane boll meill, thrie firlotts malt, thrie bolles aittes, and twelf punds money. The trumpetar, thrie fm-lotts meall, ane furlott twa peckis malt, ane furlott twa peckes aittes, and aughteine pundis money. The corporall the lyck victuell, and twelf pundis money. The horsraan the lyck victuell, and sex pundis money. The carriage horsse, for boy and horsse, ane firlott twa peckis meill, ane furlet malt, ane boll aites, and threttie ss. money. The guard and pyiners to have the lyck pay as the common soiouris. As also it is thocht fitt that the Committie of Warre in ilk schirref- domes cast the proportioun of men out of everie paroche, and cause thame be enrolled and commanders appointed to bring thame out upoun adver- tissement. And siclyik that the provisioun of armes be maid with all diligence be the tennent who is able to buy, or be the heritouris quhair the tennent is not able. And siclyik it is appointit that the heritouris within everie schyre or committie of warre thei'ein appointit commissaris, ane or ma, within ewerie presbiterie, to tak wp alse mucke victuell by and attour the said tent pairt as will iutertaine the proportioun of men forrsaid to come out 1640.] RECORDS OF THE BURGH OF ABERDEEN. 217 ns soiouns. of the seuerall scliyres, for fourtie dayes at least ; quliilk proportioune is 6 May to be taken wp conforme to the rentis of the said presbyterie or shyre. — ' And becaus the men must come out of euerie schirrefdome according tiones for to thair number, and thair interteinement must be according to thair rentis, thairfoir it is appointit, first, that if anie schyre be found efter dew ^^.^ , calculatioun, to be stentit in the divisioun foirsaid to moir than thair dew proportioun, it is declaired tharefter exact tryell, vpon remonstrance it salbe remedied : Secundlie, it is declaired that thir men, or anie necessar pairt thairof, salbe imployed according to the most vrgent necessitie for defence of any pairt of the kingdome which salbe in danger for the time. Thirdlie, if any schirrefdome or burghe sail give out moir provisioim in victuell or money than thair dew proportioun, efter valuatioun of the haill kingdomes, it is hereby declaired that, efter compt and rekning, the same salbe repaid ; and if thay have payit out les, the same most be payed into the common collectour, to mak wp wther mens losses. It is earnestlie recommendit to all the shy res in the kingdome, that colonellis be chosin where thay ar not as yet, and that the haill schyres be maid wp in companies, everie man as thay lye in thair paroches, betwixt sextie and sexteine, to be in readines wpoun all necessar occa- siounes to defend thameselffis from any suddane invasionn, or to assist thair nightbouring shyres, as tha}^ sail gett ordour, and necessitie requyre. Where the valuationes ar not trewHe done, it is appointed that what is concealled shalbe confiscat for the publique vse. It is also appointed, that those of the committie of warr shall hawe power to designe the men, and cause put thame out when thay get orderis. 6 May 1640. 6 May 1640. The said day, the prowest, baillies, and counsall, considering that Ordinance Johne Leith of Harthill does continew in his disorderis and miscariage be johne shooting of gunes and pistolls out of the wyndoes of the wairdhous, 1 2 E ' 218 EXTRACTS FROM THE [1640. C May 1640. Ordinance anent Johne Leitli of Haitliill. whairin he is detenit prisoner, and daylie caries wapones wpoun bim as if be war at libertie, qubilkis ar secretlie convoyit to him at the saids wyndoes, notwithstanding of many admonitiounes and chairges gevin to him in the contrair ; tbairfoir thay all in ane voice ordaines the wyndoes of that chamber in the wairdbous whairin he remaines to be secmit in all convenient diligence ather be plet stansheounes and tirleiss of yron, or some wther suir devyce that be may be debarrit frome the lyk insolencie beireftir. 12 May 1640. Straquliyn convict of dinging Beith. 12 May 1640. The said day, in presence of Patrik Leslie, prowest, and Mr Willeame Moir, baillie, James Straqiihyn, servant to Mr Robert Farquhar, baillie, convict of his awin confessioun for the dinging and stricking of Willeame Beith wpon the mouth and face Avitb his hand, to the effusion of his blood ; for the qubilk the Councell ordanes the said James to be wardit for aucbt dayes, or then to redeme him selff be peyment of four merkis. Eodemdie. Eodem die. Patersoncs convict. The same day, in presence of Mr Wm. Mou*, baillie, Jeane Patersoun, spous to Johne Wilsoun, convict of her awin confessioun for saying that shoe hard it said that John Lindsay, tinclar, had stollen a siluer quarter mease out of the Earle Marshellis place ; and Jeane and Elspet Patersones, dauchters to Alexr. Patersone, hornei", convict be the depositiounes of sindrie famous witnessis for casting ower of Agnes Ribbons, spous to Johne Lindsay, tincklar, and ryving of her cursh off her beid [ordered] to forbear &c. ; and the said Alexr. Patersone, horner, become actit and obligit not to trubile nor molest the said Johne Lindsay, his wyf, bairnes, and servantis be way of dead under the paine of fourtie pundis ; and the said John become actit and obleigit not to trubile the said Alexr. vnder the lyik 1640.] RECORDS OF THE BURGH OF ABERDEEN. 219 paine of ffoiirtie pundis, for the quliilk tlie counsall orclaines the said Jeane Patersone to be joggit, or then to redeme hu'selff thairfra be pay- ment of ane dolour to the deane of gild, and to crave the pairtie ofiendit pardone in a fenced court, under the payne of jogging. 27 Jlfrtw 1640. 27 May 1640. The quhilk day, anent the missive direct to the prowest, baillies, and Commis- councell of this burghe frome the commissionaris of burro wes on the com- cliosin to mittie of estate, desyiring that our commissioner of parliament may keip Jl^'enL'"'' ' the secund day of Junij next at Edinburglie as the dyett whairwnto the parliament wes prorogat, off the quhilk missive the tenour followes : — " To our loving freindis and niclitboures the prowest, baillies, and councell of Aberdeine. Loving freinds and nichtbom-es, whairas tlie parlia- ment wes prorogat to the second of June nixt ensewing by his maiesties warrand, in consideratioun quhairof, and inrespect of the eminent danger we now stand in, we thocht gude first to lett yow know that the English (whether freebuters or kingis schippis we know not) hawe takin sindrie of om'e Scottis men coming frome Holland and France, .and hawe confiscat thair gudes and schippis, striped thair men naked, and wsed thame with all kynd of hostiUtie, quhairof we admire, no injurie being done to thame. We sent to the deputie Governour of Berwick (who hath two of our shippis) to demand a reason of thair taking, who retixrnes answer that he can give no answer untill he acquaint the councell of England with oure letter. AVe wer in hops that the parliament of England noAV sitting sould take matteris to heart, and not suffer the busines come to ane nationall quarrell, bot be all appearance, oure long suffering is likelie to turne to oure mine if the same be not prevented ; and nixt, inrespect of the manie prejudices may aryse incaice Ave neglect what is propper to us for preservatioun of oure liberties, we entreat that thair commissioneris of parliament may keip the said dyet, and to be heir a day or two befoir the tyme, that, by Godis meanes, to preserve this land frome miserie and 220 EXTRACTS FROM THE [1640. 27 May threatued slaverie. The dyet is peremptour, whiclie, if once slipped, can- — ; not be regained, and makis ws the moir earnest to hawe everie thing done sionar incumbent to "ws, leist oure posteritie suld blame ws for neglect of what the ParHa- ^"^J Conduce for preservatioune of oure religioun, lywes, and liberties, ment. which sould be oure cheifest cair, and is the earnest desyii's of your loving freinds and nightbouris. Sic siibscribitur, J. Smith, Richard Maxvell, Tho. Bruce for Stirling. Edinburgh, the 9 of May 1640." For obedience and satisfactioun of the desyre of the quhilk missive, the prowest, baillies, and councell nominatis and appointis Mr Alexander Jaflfray, late prowest and commissionar of parliament, to keip the forsaid dyett, whairwnto the said parliament is prorogat, with power to him to treatt, reasone, vote, con- clude, and determine with the estates of this kingdome, to be convenit wpoun all materis to be treated in parliament tending to the glorie of God, the mantenance of the true religioun, lawes, and liberties of this kingdome, conforme to the commissioun givin to him at the first doune sitting of the said parliament ; and becaus Mr Alexander Jaffray gawe in his compt this day in presens of the counsall, of the soume of two thow- sand merkis receawed be him at the first going to the parliament in the moneth of August l-^st, 1639, frome Andro Burnet, then thesaurer, as lyik- wayes of the soume of sex hundreth merkis receaved be him sensyne from Thomas Buck, present thesaurar, being employed sen Michaelmes last twa seuerall tymes commissionar for this bm-ghe to Edinburghe, first in October, and thau-eftir in Aprill last, at the fute of the quhilk compt the said Mr Alexander is fund super expendit in the soume of ane hundreth threttie nyne pundis ; thairfoir, and for payment to him of his said super expenssis, and for macking of his chairges in his present commissioun to the parliament, the prowest, baillies, and counsall ordaines the said Thomas Buck, thesaurar, to deburse to him the soume of fywe- hundreth merkis money to ane compt, quhilk salbe allowit to the said Thomes Buck in his thesaurar comptis. 1640.] RECORDS OF THE BURGII OF ABERDEEN. 221 Eodem die. Eodem die. The said day, the haill toime being warnit be the drum, and conven- J'^'^'^j^^P|Jg ing for the most pairt in the tolbuith, Patrik Leslie, prowest, causit reid committe and intimat publictlie vnto thame the precept direct to him and to the silver and baillies be the Erie Marshall and remanent of the committie of the schiref- dome of Aberdeine anent the silver wark, goldsmith wark, and cunzeit moneyes belonging to the inhabitantis of this biirghe, otf the quhilk pre- cept the tenotir followes, " Ws. Willeame, Earle Marshall, and remanent of the committie of the schu-efdorae of Aberdeine undersubscryvares, conforme to the warrand direct to ws be the estates of this kingdome, be thir pre- sentis commandis and ordaines yow the prowest, bailies, and magistrattis of the burghe of Aberdeine to tak wp a trew and exact inventar of all the inhabitantis within the citie of Aberdeine, and liberties thairof wpoun thair great aith of veritie of all silver wark, goldsmith wark, and cunzeit money perteining to thame, and that wpoun consideratioun that the same may be imployed and cunziet for the publict vse of the cuntrie vpoun suflS- cient securitie to be gevin to thame thairfoir, at thrie pinidis for ilk vnce silver, and for ilk vnce gold, to be payed within yeire and day thaireftir, with certificatioun to all concealleris, that not onlie the said silver and gold, bot all thair movable gudes sail be confiscat to the publick vse for thair disobedience and contempt, quhairof we will yow to mak intimatioun to your people, as ye will be answerable ; subscryveit be ws at Aberdeine, the aucht day of May 1640, and this to be done both to covenanteris, and not covenanteris, and that ye report your diligence heiranent betwixt and the xv day of May instant. Sic suhscrihitur Mar- schall A. Forbes, Alex. Eraser, S"' Wm. Forbes, J. Forbes, Leslie, George Baird, M. J. Baird ; " and siclyik the said Patrik Leslie, prowest, intimat to the tonne, convenit as said is, the Erll Marshallis letter direct to the prowest and baillies of this burghe, desyiring the haill toune to meitt his lordship in armes at the Brig of Die the morne, in the eftir noone, off the quhilk letter the tenour followes : — 222 EXTRACTS FROM THE [1640. Eodem die. Precept from the committe anent silver and goldsmith wark. Charge to tlie tonne to meitt the Erie Marshall at the Brig of Dee in " To my loving freinds the prowest, and baillies of. Aberdeine. My very loveing freinds, these ar to show yow that I intend (God wiHing) on Thursday nixt in the eftirnoone to be at Aberdeine, quhair I will bring with me Generall Maior Munro and his regiment, for qiihome I pray yow cause prowyd victuallis, for the payment, for nothing sail be takin without reddie moneyes, ye alwayes approving yourselffis gude cuntrie men, and withall ye sail be in armes and meitt ws at the brig of Dee, that we may joyne for defence of your toune, and of so many honest men as sail be fund thairin, and for the peace of the cuntrie about, but I wish ye be better conveened, nor ye wer at your last wappingshawing. So not doubting of your cair and diligence hehin, I rest youris lowing freind, Sic subscriliitur, Marshall. Dunoter, 26 May 1640." Conforme to the quhilk letter and for obedience thairwiito, the toune wer chargit be the said Patrik Leslie, prowest, to be in reddines the morne be tuelff houres in armes at the mercat croce, and to marche thairfra with thair magistrattis to the Brig of Die for meitting of the said Erie Marishall and Generall Maior Munro thairat, and convoying thame thairfra to the toune. 29 May 29 J% 1640. 1640. convenit "^^^ quhilk day, Patrik Leslie, prowest, causit red publictlie in audi- for sub- ence of the Imill toune, convenit this day in the tolbuith be the drum, the the^articles articles underwrittin proponit and gewin in yisternicht to the magistratts presented q£ ^j^-g j^urghe be the Erie Marshall and Generall Maior Munro, immediatlie to thame ° ' be the after thair incoming to the toune with thair armie, and declaired that the EarleMar- . n i • i i i • • i i- i shall and magistratts oi this burghe wer chairgit to subscrywe presentlie the saidis Malor^" articles, befoir the souldiouris laid doune thair armes or removed off the Mmro. streets ; Ijnkas than instantlie the prowest and baillies and sic of the niclitbouris as wer present with thame, for obedience to the chairge sub- scryvit the saidis articles, and wer commaiidit to convene the haill toune this day, to the effect thay might lyikwayes subscrywe the same, wha being 1640.] RECORDS OF THE BURGH OF ABERDEEN. 223 convenit in the tolbuith, as said is, the Erll Marshall and Generall Maior 29 May Munro being both present for the tyme, requyred and commandit the — nichtboures and inhabitantis to subscrywe the saidis articles, as thay wald convenit be answerable wpoim thair perrill ; for obedience to the quhilk chairge, the g°pyving inhabitantis suche as wer present, subscrywit the saids articles, whairof ^''^ aitidea 1- ' ^ presentea the tennour followes : — to tliame " The tuentie eight day of Maiy 1640. Articles of Bonaccord, to be Earlc Mar- condiscendit wnto be the magistrattis of Aberdeine for thameselffis, and Q(i|||,,!^"f taking the burdinge wpoun thame for all the inhabitantis, to be presentlie sealed, subscrywit, and delywerit to Generall Maior Munro, as hawing warrand fi-ome the Earle Marischall in the estates name of this kingdome, and Generall Leslie. 1. First desyres the magistrates to giwe in a roll or list of theise inhabitantis, absent or present, that hath not subscrywed the Covenant and Generall Band, that thay may be disarmed as bad and evill patriottis. 2. Desyires the prowest, magistratts, and all the inhabitants to gieue thair great oath of fidelitie not to correspond or keip interchange of intel- ligence with any that hes not subscrywed the Covenant and Generall Band, under paine of lossing thair lyflFs and confiscatioun of their goods. 3. Desyres thay condiscend willinglie to contribute to the intertain- ment of the regiment, according as thay salbe stentit in paying of thair tent pairt ; and the soldatesta being quartered in thair toune, that they be obleiged, for thameselffis and thair inhabitantis, not to harme or injure thame indirectlie, vnder the paine of death. 4. Desyires thay be obleiged, for thameselffis and inhabitantis, not to heare any minister preache within the toune who hath not subscryed the Covenant, under the paine of being banished the toune, both preacheris and heareris. 5. Desyires the regiment, being quartered and billated within the toune, may be intertained during thair residence thair in meat, di'ink, and ludging, according to the generall ordour subscryved be the Committie of Estate for the twa pairt of meanes allowed to inferiour officiares and 224 EXTRACTS FROM THE [1640. 29^May souldiouvis a day, according to the list of pay to be givin in to the toune- — schip be the Generall Major under his hand, in name of the Committie of convenit Estate, the Generall, and the Eai'le Marisliall. scryving ^- Desyu'cs the magistrattis to delywer to the Generall Major, befoir the articles j^ig entrie, in name of the Committie of Estate, Generall Leslie, and the presented _ ... . . to tliame Earle Marishall, the keyes of thair portis and entries, of thair magassmes 1)6 the • • • Earle Mar- and storehousses, tolbuith or melting hous of the tonne, togidder with the Genei-alf keyes of thair joylhous and prison, to be wsed at his pleasour dui-ing his Mhiro ^I'bod thair for the good of the kingdome, and saifftie of the tonne and regi- ment against intestine or forrane enemies, in name foirsaid. 7. Desyires that all the cornes in store within the tonne be put wnder inventar for interteining of the regiment, in pau-t of payment of than- tent pairtis : and that magistratis and inhabitantis be obleiged to pay the rest in moneyes once in the fourthnicht, according to the ordour of paying the third pairt of the soldatista thair pay in money, till thay be super expendit of their tent pairt. 8. Desyires thay be obleiged to delywer all the cannon, spair armes, ammunition n, spaids, shoolis, or mattockis thay hawe or can command, on thair great oath, to be vsit at his pleasure, in name foksaid, for the good of the kingdome against intestine or forane enimies for both thair saiffi- ties ; and that thay be obleiged, be thair gi-eat oath, to joyne with him and his regiment or associatis in fechting or working againes the enemie to thair power, in quhatsoewir the Erie Marshall and he commands thame for the good of the kingdome and their awin saiffities. 9. Desyires thay be obleiged to sett all thair baxteris and browsteiis to work, and cans prowyd, and hawe in redines against the secund of Junij, tuelff thowsand pund wecht of biscott bread, togidder with a thowsand gallones of aill and beir, to be putt in small barrellis, for the intendit expeditioun, for which thay salbe payed, or at least allowed, in the first end of the tent pairts. 10. Desyires that, in testimonie of thair Bonaccord with the solda- tista that lies come so farre a marche for thaii- saiffities from the invasioun 1640.] RECORDS OF THE BURGH OF ABERDEEN. 225 of forrane enimies, and the slaverie thay and thair posteritie miclit be 29 May broclit under, thay may be pleased, out of tliair generositie accustomed, ■ — ' and present thankfuhies to the soldatista for keiping of good ordour and cnnvenit eschewing of plundering, provyd for thame twelff bunder pah- of echoes, ggjiy^j^^ togidder with thrie thowsand elnes of hardin tyiking or saill canves for tl'c articles making tliair tentis, to ease and frie the soldatista fra the great mvnda- to tliamc tioun of raines accustomed to fall out in the northren climat. Earle*]Uai-- 11. Desyires against the secund of Junij, to provyd for the intendit expeditioun for setling good order in the countrey, and for suppressing J^j-'^'o'^' oure intestine enimies and evill patriotts, that fiftie horses may be in readines for transporting of oure cannon, ammunitioun, spair armes, and prouisioun whithersoewir the Earle Marischall leadis the armie ; which being accordit to, sealed, and subscrywed by the magistrattes and ministrie for tliameselffis, and takmg the burdine, as said is, for all the inhabitantis of the toune, we will entir the cittie freindlie, and be answer- able for oure selffis and soldatista for any disordour beis committit be any of oure number or vnder oure command ; and encaice of not obeying and fulfilling of thu' oure resonable demands, so far as concernis the militarie paii't alanerlie, we doe heirby signifie unto yow, in name of the Estate . and Genertill of the armie, that we will tak suche ordour and speidie com-se with yoAV and all the inhabitantis refractorie, as may strick terror in the hearts of all vther oure opposites following your example in disobedience, as evill and wicked patriotts; for eschewing whairof we lieartilie desyre your subscriptiounes and seall to thir reasonable demandis, or a peremp- torie present answer of Bon-accord or Mal-accord. 10 June 10 June 1640. 1G40. Warrandis The said day, the wan-ands direct be Generall Major Monro for from interteining his soldioures, and lykwayes for thair shoes and thrie thow- Mdol-^ sand elne of hardin, and otheris thaiiin contenit, ar ordanit to be registrat t^^he in the Counsall book ad futuram rei memoriam, quhairof the tenour followes : souldiouris of his 1 2 F reeiment. 226 EXTRACTS FROM THE [1640. 10 June " Pi'owest, you shall be pleasit to caus delywer to the beirer heirof, my ^ — ' secretarrie, called Nmiane Johnstoune, these moneyes appointed to be from payed for the showes, extendmg to the somme of sevin hundreth and tuentie Maior^" pundis, togidder with thrie thowsand elne of hardin for the soldatista Monro thair vse, for whiche these shalbe your waiTand ; taking a not of ressaitt anent the . i,.iiaii'ii- soiildiouris frome the secretarrie vnder his hand. As also desyires by thir preseutis regiment, jow to caus delywer unto him fywe thowsand pund Scottis, for cleiring the rest dew to the officeris and souldieris of the regiment preceiding thair entrie in this toune the twentie-aught of May, and that according to my instructiounes subscryved by the Committie and Generall for that effect ; and this warrand, with the secretarie's not of ressaitt in my behalf of the same, wilbe allowed to yow as payment in the first end of your tent pairts. In verifiicatioun quhairof I have subscrywit thir presentis with my hand, at Aberdeine, the sext of Junij 1640. Sic siibscribitur, Robert Monro." — " Worthie fi-eindis, ye sail be pleasit to resaue heir according to my promise vnder my hand, the allowance of entertene- raent allowed, conforme to the order sett doune by the Committie of Estate, for interteining of inferiour officiaires and souldioures quartered . in your toune, according to the Uvo paht and third cache day, viz., To everie commoun souldiour, foure schillings a day ; to everie serjant, audit schillings a day ; to every Scriver, capitane of armes, furier, and furer, everie on sex schillings audit penneis a day; to everie corporell, fyve schillingis foure penneis a day ; to everie drummer, fyve schillingis foure penneis a day: and according to this allowance yow shall caus these tliay ar quartered with keip what they gett in accompt, quhairof the officiares must hawe a duble, and thair double most be subscrywit by the officiares, and thair double by yow or your clerk ; and quhat salbe deburst for the said interteinement salbe allowed after compt in the first end of your contributioun : and so I rest your freind to power, sic suhscrihitur, Robert Monro." — The accompt goeth on frome the 28th of May at night, and this warrand is to be keiped by the magistrattis of the toune. 1640.] RECORDS OF THE BURGH OF ABERDEEN. 227 nJunelUO. 17 June 1C40. The said day, Mr Mathew Lumisdane, baillie, wes chosin commis- Lummis- sioner for this burghe to the General Convention of Burrowes, appointit chosin to begin and howld at the burghe of Irving the sewint day of July nixt s^n\"^.'^" to come, with continewatioun of dayes; and ordaines ane commissioune to the ' . . 1 Generall to be gevin to him for that effect, vnder the tonne's secrett seal], and Conven- subscriptioun of the magisti'attes and clerk ; and siclyik ordaines Thomas Burrowes. Buck, thesaurer, to debm-se sex hundreth merkis to the said commissioner for payment of the tonnes dewes at the said conventioun, and making his awin expenssis thairat, quhilk salbe allowit to the said thesaurar in his comptis. n June 164:0. 17 j^.ne The quhilk day, the prowest, baillies, and counsall appointes measones The~Gray- and wrightis to be enterit presentlie to the wark of the Grej'frier kirk for to'^{,g ^g"^*^ prepairine' convenient seattis within the same to the memberis of the pared for ... . . . tlie Gene- Generall Assemblie indicted to hauld and begin at this burghe the tuentie rallAssem- eight day of Julij nixt to come, and appointis George Anderson to attend the warkmen, and to assist George Mengzies, maister of wark till the perfy ting thairof, and the expensses and chairges to be debursit be the said maister of wai'k thairupon, is ordanit to be allowit to him in his comptis. 8 July 1640. 8 July 1G40. The quhilk day, in presens of the prowest, baillies, and Counsell of Dimissioun the burghe of Aberdeine, compeirit Mr Dauid Wedderburne, maister of burne'^of the grammer schoole of the said burghe, who, eftir due consideratioun of of^jnf-gfei. his weaknes and inhabilitie of bodie to discharge the said functioune in of tl»<2 1 • r 11 1 • c 1 -I ■ grammer suche exact and painfull maner as the exigence of that place reqmres, he schoole. being now past the age of thriescoir yeires, and having conthiewit fourtie yeires in the said service, with the applaus and acceptatioun of the 228 EXTRACTS FROM THE [1640. 8 July Counsell and toune, thairfoir the said Mr Dauid, voluntarlie of his awin — consent, unsoacht or compeUit, frielie dimittit, dischairged, renunced, AVediicr- ^^iiA simjyliciter owergawe, and be thir presentis wilKngHe, hartclie, and his office friehe dimittis, dischairges, renunces, and simpHciter owergiwes his said of maister ofRcc and functioun of the maister of the gi-ammer schoole of this burghe, of the Ill- jriammer with his yeirhe stipend due and payable to him for the same ; and all schoole. Ijenefitt he may ask or crawe be his said office in any tyme heirefter, in the hands of the prowest, baillies, and Coiincall of this bm-ghe, as in the hands of his superioures, of whom he hauldis the said office, to the effect tliay may dispose thairwpoiin, and may chuis and admitt any other they think litting to exercise the said functioun and chairge of maister of thair grammer schoole in tyme coming. Quhilk dimissioun the saids prowest, baillies, and Councell accepted and receaved ; and thairon Patrik Leslie, prowest, for himselff", and in name of the prowest, baillies, and Councell, asked act and instrumentis. Lyikas the said Mr Dauid, in token of this his dimissioun, lies subscryvit the same with his hand. M. DA.VID Wedderburne, Sexagenarius et vltra. 15 July 1640. Chalnicr admittit maister of the grammer schoole. 15 July 1640. The said day, the prowest, baillies, and Councell elected, nominat, and chused Mr Thomas Chalmer, sone lauchfull to umquhill Mr Thomas Clialmer, advocat in Aberdeine, to be maister of the grammer schooll of this burghe in place of Mr Dauid Wedderbm-ne, last maister of the said schoole, who, in respect of his old age and debilitie of bodie, hes dimittit his place in the Councellis hands, to the effect thay might mak chuis of any thay thocht most fitting to fill the said vacant rowme. To the quhilk place the said Mr Thomas is admittit wpoun the conditiounes condi- scendit on betwixt the Councell and him, specifeit and conteinit in the contract past betwixt thame thairaneiit, of the date of thu* presentes, whairof the tenor foUowes : — 1640.] RECORDS OF THE BURGH OF ABERDEEN 229 At Aberdeine, the fyfteiue day of July, the yehe of God j"" sex 15 July huiidreth and fourtie yeh-es, — It is appomted, contracted, and agi'iet be- — ' twixt Patrik Leslie, prowest of the burghe of Aberdeine, Maister Thomas admittit Gray, ]\lr Mathew Liimisdane, Mr Robert Farquhar, and Mr Williame ^^^^^^^ Moir, baillies of the said burghe, Alexander JafFray, dean of gild, and grammer schoole. Thomas Buck, thesaurar of the same burghe, for thame selffis and in name and behalflf of the Councell and communitie of the said burghe, on the ane part, and Mr Thomas Chalmer, sone lauchfull to vmquliill Mr Thomas Chalmer, advocat in Aberdeine, on the other pairt, in substance and effect efter following, — That is to say, fforsameikill as Maister Dauid Wedderburne, late maister of the grammer schoole of the said burghe, be reasone of his great aige and inhabilitie of bodie, hes voluntarlie and frielie dimittit his said office in the handis of the saids prowest, baillies, and Coun- cell, to the effect thay might mak chuse and nominatioun of any thay thoght most fitting to fill the said vacant roume : and the saids prowest, baillies, and Councell having certaine knowledge and experience of the literature qualificatioun and gude conversatioun of the said Mr Thomas Chalmer, and of his habilitie and sufficiencie to dischairge and occupie the said plaice, and to performe all duetie incumbent thairto, — he having served as doctor in the said grammer schoole dyveris and sindrie yeires hehtofoir, have thair- fore elected, nominat, and admitted, and by thir presentis electis, nominatis, and admittis the said Maister Thomas Chalmer to be maister of the gram- mer schoole of the said bm-ghe of Aberdeine ad vitam vel ad culpam ; quhilk fault, gif any shalbe committit be him worthie of deprivatioun, shalbe tryed and judged be the prowest, baillies, and Councell of the said bm-ghe for the tyme, as onlie judges thairto. Lyik as the said Maister Thomas hes accepted, and be thir presents accepts, the said chairge and functiomi in and wpoun him, and faithfuUie promittis, bindis, and obleissis him to betwixt teache and instruct his schollares in the airt of grammer, gude letteris, and Mr" and maneris, and to exercise doctrine and discipline as apperteins, con- q/,™,^!*^^ forme to the lawes of the said schoole alreddie sett doune and to be sett '^^^ste'- doune at any tyme heu-efter, be the prowest, baillies, and Councell of the grammer schoole. 230 EXTRACTS FROM THE [1640. 15 July 1640. Contract betwixt the toun and Mr Thomas Chalmer, maister of thair grammer schoole. said burghe for the tyrae, and to observe and keip the saids lawes and injunctiounes strictlie and preceislie as thay ar sett doune, or salbe set doiine heirefter, efter tlae forme and tenour thairof in all poyntes, and to find sufficient and qualifiet doctoures, ane or ma, vnder him to teache and examine his schollares, and to assist him both in doctrine and discipline, as the exigence of that service sail require : for the quhilkis caussis and dew performance thairof the saids prowest, baillies, and Councell obleissis thame and thair successoures, prowest, baillies, and Councell of the said burghe for the tyme, to content and pay to the said Mr Thomas Chalmer yeirelie, and ilk yeire during his continewance in the said office, the somme of two hundreth merkis vsuall Scottis money, to be payed to him be the tounes thesaurar at two vsuall termes of the yeire, Witsunday, and Martimes in wynter, be equall portiounes, — the first termes payment thau-of begynnand at the feast of Martimes nixt to come of this instant yeire, j" sex hundreth and fourtie yeires, and that by and attour his sallarie and schollage, to be payed to him quarterlie be his schollares eftir sic proportioun as wes in vse to be payed to the said Mr Dauid Wedderburne, \iz., be ilk tounes bairne quarterlie, thretteue shillingis foure penneis ; be ilk landvart barne quarterlie, twentie sex schillingis aught penneis ; be ilk tounes barne to the doctour sex schillings aught penneis,- and be landvart barnes to the doctour, thretteine schillings foure penneis quarterlie. Quhilk stipend and salarie aboue writtin is heirby declaired to be in full contentatioun and satisfactiomi of all farder stipend or salarie he may ask or crave at any tyme heirefter, except in so far as he may wpoune just grounds procuire by his supplicatioune to the prowest, baillies, and Counsall of the said bm-ghe for the tyme, renun- ceand be thir presentes all other judicatorie for craving any augmentatioun of stipend, or decyding in any questioun or confroversie whatsoewer betwixt the tonne and him, except allanerlie the said prowest, baillies, and Councell for the tyme, all fraud and gyill secludit. And for the more secm-itie, the saids pairties ar content and consentis that thir presentis be registrat in the buikes of Councell or Burrow Court buikes of the said 1640.] RECORDS OF THE BURGH OF ABERDEEN. 231 burghe, tliairin to reraaiiie ad futuram rei memoriam, and to have the 15 July strength of aue confessit act and judiciall decreit, that letteris and execu- — ' toriellis of hornmg may be direct heuin vpoun a single chairge of ten betwixt dayes, and all other executoriellis necessar may be direct heiiin in forme *''^^?}'" as effeiris, and to that effect constitutes thair Tliomas 1 1 • • • 1 Clialmer, lauchiull procuratores, promittentes ae 7-ato be thir presentis, written be maister Walter Robertson, clerk of the said burghe, and subscryvit be the saids g^.a^^'er paii'ties, day, moneth, yeire, and place foirsaidis, befoir thir witnesses, — schoole. Maister Alexander Jaffray, late prowest of Aberdeine; the said AValter Robertsoun, Mr George Robertsone, and Walter Guthrie, notaris publict. Sic subscribitur, Patrik Leslie, prowest ; Mr T. Gray, baillie ; Mr Robert " Farquhar, baillie ; Mr Willeame Moir, baillie ; Al. Jaffray, dean of gild ; Thomas Buck, thesaurar ; Mr Tho. Chalmers. Mr Al. Jaffray, witnes ; W. Robertsone, witnes ; Mr George Robertson, witnes ; Walter Guthrie, witnes. 15 July 1640. 15 July 1640. The quhilk day the prowest, baillies, and councell tacking to thair Pension to consideratioun that Maister Dauid Wedderbm-ne, late maister of the burne^"^ grammer schoole of this burghe, in regaird of his old aige and inhabilitie of bodie to serve in that functioun efter suche a laborious and toilsome maner as the exigence of that place doeth requyre, voluntarlie vpon the eight day of July instant, dimittet his said office in the councellis hands, to the effect they might make chuse and nominatioun of any other thay thocht most fitting to vndergo the chairge, and with all havand respect that he had served fourtie yeires in that statioun with commoun applaus both of the councell and communitie of this burghe, and lyikwayes be reasone he hes the burdine of a wyff and childreine ; in these considera- tiounes, the saids prowest, baillies, and councell gevis and grantis to the said Mr David ane pensioun of twa Inmdrethe merkis money yeirlie during all the dayes of his lyftyme, to be payed to him be the tounes thesaurer 232 EXTRACTS FROM THE [1640. 15 July out of the tonnes commoun gnde at Martimes and Witsonday be equall — ' portiounes, begynnand the first termes payment thairof at Martimes nixt Wecider- to come in this instant yeire of God, j™ sex hundreth and fourtie yeires, burne. ^^^^ f^irth. termelie thaireftir duringe his lyftyme ; with this alvayes conditioun, that when the councell of this burghe for the tyme, sail find out ony vther meanes equivalent or more nor the pensioun abouewrittin, that the said Mr Dauid salbe lyable to dimitt the fou-said pensioun, and to accept of the secund provisioun, and to undergo sic chairge thairfoir as the councell of this burghe for the tyme shall injoyne him and that he is able to dischairge. 22 July 1C40. Leslie and J affray chosin commis- sionares to the Generall Assemblie. 22 July 1640. The quhilk day Patrik Leslie, prowest, and Mr Alexander Jalfray, late prowest, wer chosine commissionares for this burghe to the Generall Assemblie, hi dieted to begin e and hauld at this burghe the twentie aught day of July instant, with contiaewatioun of dayes, and ordaines ane com- missioun to be gewin to thame for that efiect, vnder the tounes secreitt seall and subscriptiones of the baillies and clerk. „ , ,. Eodem die. Eodem die. A guard The said day Patrik Moir wes appoynted to be keiper and distributer Assemblie. partizeanes to the nichtboures of the toune quha ar appointed to be ane guard for attending the Generall Assemblie, for eschewing of dis- ordour and confusioune thau-in, throw throng and multitude of people that wald trubill and disquyet the commissionares and memberis of the Assemblie, if thay wer not hauldin out be a guard. ICttO.] RECORDS OF THE BURGH OF ABERDEEN. 233 JEodem die. 22 July 1640. The samen day, in presens of the prowest, baillies, and counsell, Lumis- . . . . . 1 • f- 1 • tliiiics (lis- compeint Mr Mathow Lumisdane, bailhe, commissioner chosm lor this cliaige of burghe to the Generall Conventioun of Bnrrowes of this kingdome, whilk nii'ssi^',"'a(; began and held at the burghe of Iruing, Avpoun the secund day of July the Con - _ ° & o' r t/ ./ vention of instant, and made ample declaratioun of the whole proceidingis at the Bimowes. said conventioun, and thairwith producit the agent .of burro wes his discharge and acquittance gewin to this burghe wpoun the payment of thair whole dues quhilkis wer payable at the said conventioun — namelie, on the soume of twa hundreth thrie scoir thrie pundis money, as the said acquittance does testifie ; inrespect quhairof the prowest, baillies, and counsell fund that the said Mr Mathew had acquytted himselff duelie in his said commissioun, and exoneris him thairof. Eodetn die. ■ Eodem die. The quhilk day, forsameikill as the Erie Marschall, who is appoynted Charge by the Committie of Estate to wplift a regiment of men within the of the' schirrefdome of Aberdeine for the piiblict service of the kingdome, hes }a'ilt^',.e- chairgit the magistrattis of this burghe to furnishe out of oure toune ane "^^^J^g of the companyes of the said regiment, and to hawe thame in redines to touue. marche in all convenient diligence wpoun the nixt aduerteisment, with fourtie dayes lone : thairfoir the prowest, baillies, and councell ordaines intimatioun to be made be oppiii proclamatioun at the mercat croce of this burghe, as also throw the haill streittes of the toune be the drum, chairging all and sindrie inhabitantis of this burghe, alsweill frie as unfrie, maisteris, servantis, and prenteissis, that nane of thame remowe furth of this burghe without licieiice of the magistrattis, till the said companye of men be lifted for serving in the said Erll Marischallis regiment, vnder the paine of tinsell and loss of all friedome and libertie, thay or any of thame who salbe fugitive hawe, or may hawe, heireftir in this burghe ; and 1 2 G 234 EXTRACTS FROM THE [1640. 22 July siclyik chairgeiug suehe inhabitantis of this burghe, maisteris, servantis, — and prenteissis as hawe alredie removed thameselflSs, and hawe beine that nanc fugitive out of the toune in prejudice of the publict service of the euntrie, habitantVs thay retiirne bak agaiue within this burghe within fyfteine dayes rcmowe ^ nix.t efter the chairge, vnder the paine aboue specifeit, quliilkis premisses toune. wer accordingHe pubHshed and intimat both at the mercat croce, as lyik- wayes be the di'um throw the haill streittis of the toune. Eodcmdie. Eodem die. Letteris to The samen day the prowest, bailHes, and councell findis it expedient be direct , . . .... to the nio- that letteris be writtin to the moderatores of Presbytries within this of Presby- diocie, desyring thame to requyre thair brethreine of the ministrie to sendh/°'in ^dverteis, and desyre thair parochineris to prouyd and send to this toune vivarcs for all kynd of vivares, sic as beiff, muttoun, lambis, foullis, esra'is, butter, the Gene- , . ^ , , ' . ' . , . . ' rallAsscm- cheis, fishes, wyld meat, venisone, and sic wther prowisioun as the . euntrie can affoord, with grasse, corne,^ and stray for horsses, for serving of the nobillmen, gentrie, commissionares of burrowes, and ministeris that ar to be heir at the Generall Assemblie, to be hauklin in this burgh the twentie aucht day of J uly instant ; and, forder, that thay desy ir thair brethreine of the ministrie to intimat to thair parochineris, if any of the inhabitantis of this toune, maisteris, servantis, or prenteissis, be fugitive within thair boundis, that thay chairge thame to returne hither vnder the paine of tinsell of all friedome, and benefitt, and libertie thay hawe, or may hawe, heireftir in this burghe, and vnder all hyest paynes to be incurrit be thair ressettares and keipares prescryit be the Committee of Estate, and siclyik ordaines proclamatioun to be made of the premisses at the mercat croce of this burghe, and throw the haill streittis of the toune be the drum, quhilk wes accordinglie done. 1640.] RECORDS OF THE BURGH OF ABERDEEN. 235 3 August 1640. 3 August 1G40. The qxiliilk day the prowest, baillies, and counsell ordaines the Act The made anent the reiding of the mornmg and evening prayeris in the Gray- }|e'Yedln*' freii- Kirk of this bure;he to be putt in executioun immediatlie eftir the ^'11^" ° ^ , , . fner Kuk. dissolving of the present Generall Assembhe, in respect that the seattis buildit in the said kirk for accommodatioun of the Assembhe "wdll serve convenientUe for the people resorting to the prayeris ; and ordaines this present Act to be intimat out of pulpitt on Sonday nixt in both the kirkis of this burghe, and to begine and reqeawe executioun and be put in practise wpoun the morne immediatelie thaireftir, conforme to the mynd and tenour of the said former Act of counsall, of the date the 14 of August 1633 yeii'es. 3 August 1640. Eodemdie. The said day, the prowest, baillies, and counsell being convenit in the Mr Andro tonnes councel hous, for making nominatioun and electioun of ane minister chosin ane to serve in this burghe in the vacant roume of doctor James Sibbald, ane of thair ministeris, who is deposed from his ministrie be this present generall Ministers, assemblie now sitting in this burghe, for not subscryving the covenant, and for other causses mentioned in the proces of his deprivatioun ; and efter matvire advysement and deliberatioun taken be the saids prowest, baillies, and councell thairanent, thay in end condiscendit wpovm a list of actuall ministeris for making of the said electioim, out of the quhilk list thay elected, nominat, and chuised Maister Androw Cant, minister at New- battle, to be ane of the ministeris of this burghe, actuallie to supplie and fill the vacant roume of the said doctour James Sibbald, the toune alvayes giveing thair consent and allowance thairwnto, Ifor quhilk effect thay ar ordanit to be convenit this day be the drum in the new kii-k immediatlie eftu- the sermon e, and the said electioun to be intimat to thame, and thay to be inquyred if any of thame hes ought to say againes the said Mr 236 EXTRACTS FROM THE [1640. 3 Aug. J 640. Mr Andro Cant cliosin ane of the Tonnes Ministers. Andro, his doctrine, lyff, or conversatioun, or any other reasone to allege why he aucht not to be admittit and receaved in the said vacant roume of thair ministrie, that thaireftir the magistratts and councell may go on and proceid in the busienes as the exigence thairoff sail reqnyre . . . and the said toun being convenit, as said is, thay all in ane voice allowed of the said electioun of the said Mr Andro Cant to be thair minister . . . 12 Aug. 1640. Jaffray chosin commis- sionar to tlic Com- niitte of Estate. 12 August 1640. The qiihilk day Mr Alexander Jaffray, late prowest, wes chosin com- missioner for this biu-ghe for keiping of the Committie of Estate at Edin- burghe, conform e to the missive direct to this bm-ghe for that effect frome the Lordis of Committie, and instructiones ordanit to be gewin to the said commissionar for representing this bm-ghes greivances to the said Committie of Estate, and the soume of twa hundreth merltis appointit to be gevin to him for making of his expenssis to ane compt, to be deburst be Thomas Buck thesaui-ar. quhilk salbe allowit to him in his comptis. Eodem die. A com- pany of soionris to be levied to the Erll Marisliall fortliepnb- lict service of tlie cuntrie. Eodem die. The samen day, in presens of the prowest and baillies, the brethreine of gild being convenit in the Grayfreir Kirk be the drum, Patrik Leslie cavisit reid publictlie in thair audience ane peremptorie letter direct to the magistrattis and Councell of this burghe from the Erie Marisliall, quhairof the tenour followes : — " To my lowing freinds the prowest, baillies, and toune counsell of Aberdeine. — Verie loving freinds, I thocht thair had beine no necessitie in putting yow in mynd to wplift that company c that comes frome your toune; bot since my bi'other schawes me that ye intend nothing bot delayes, I againe putt yow in mynd to hawe that companye compleit against Tuysday nixt at nicht at the farrest, for he most marche alonges with the rest on Thursday. And gif this be not done, ye will force me tak ane course with these oure tounes people as thay hawe not 1G40.] RECORDS OF THE BURGII OF ABERDEEN. 237 as yet fund the lyik. Bot hoiping ye will not putt me to that paines, I 12 Aug. rest your lovmg freind, sio subscribitur, Marischall. Dunoter, the 9 of •• — August 1G40." — Quhilk letter being opiulie red, the prowest scliew to the ofToilmrif brethreine of gild, convenit as said is, that as he had in J;ily last impairted |° thc^Erif this busienes to the whole bodie of the toune, so now, in respect of this Mansshall ' _ ^ for the pub- last and peremptorie chairge, he desyres that thay will tak the same to lict service than- serious consideratioun, and resolve wpoun some solid course for cunuie. leveing of the said companye tymouslie to the said Erll Marischall, lest throw longer delay his lordship tak a harder coiu-se with the toune thair- anent. And withall the prowest declairit that such of the inhabitantis as wold offer thameselffis frielie and willinglie to this service, that the toune sonld defi'ay thair chairges, and thay sould be frie of the taxatioun to be impoisit for recking furth of the companye. The brethreine of gild, so many as wer present, offered thameselffis willing for thair pairtis to contribute for leveing of the said companye of soiouris, according to thair awin proportioun, the craftis contributing lyikwayes for thair pairt what is due to thame in the lyik caise, — since everie ane of thame lies prenteissis or servantis who ar fencible persones and habile for service, and so may furnishe many ma men nor the brethreine of gild may do. After the quhilk answer, the magistratts went to the craftis hospitall, quhair thay wer convenit to the effect foirsaid be ordour and warrand from the magis- trattis, who having demandit what the craftis wold doe for obedience to the chairge foirsaid in furnishing ane companye of men to the said Erll Marischall, conforme to the warrand gewin to his Lordship from the Com- mittie of Estate, the craftis, in tokin of thair obedience and willingues to • the publict service of the countrie, gawe wp to the magistrattis a list of the names both of frie craftismen and prenteissis, sick as thay could spair or furnishe, quhilhis wer inroUit be the magistrattis, and assurance gewin be the decones of craftis that nane of thame sould be fugitive nor remowe out of the toune in prejudice of the said service. 238 EXTRACTS FROM THE [1640. 19 Aug. Id Augrist 164:0. These The qiiliilk day tlie prowest, baillies, and Councell oi-daincs sick bnr- move'if out gsssis of gild, frie craftismen, and prenteissis within this burghe as desertit when the"^ and left the toune, and absentit thameselffis the tyme of the wptacking Tonnes of the tounes companye for the bound rod, to be depryvit of thair fre- weTtack- dome, conforms to the certificatioun gewin to thame be oppin proclama- bedepryvit ^^^^^'^ mercat croce of this burghe, and be the drum throwe the f^ed ^^'e ^^^^^^ streittis of the toune, that naue should hawe remowed out of the toune vnder the paine of deprivatioun and forfaiture of thair fi-iedome and libertie : and the deane of gild is ordainit to cause execute the sum- moundis to the effect foirsaid again es the particular persones that absentit thameselffis, and to caus summond thame be oppin proclamatioun at the fnercat croce of this burghe, wpotm fyfteine dayes warning. Eodemdie. Eodem die. Warrant The said day in presens of the prowest, baillies, and councell, Mr Robert Robert Farquhar, baillie, declaired that, conforms to thair ordoiu* and for the'^"^ directioun, he had deburst to Generall Maior Monro in the beginning of moneycs Junii last, for tuelff hundreth pair of shoes to his soioui-is, sewin hundreth advaiicit ^ . _ pit i- •• nii- be him and twentie pundis. Item, lor hardm to his soiouns sex hundrethe thrie- andliardin scoir sex pundis, thretteine schillingis, foure d. Item, for foiu-tie dayes to Monroes \qt^q Iq g^x scoir soiouris furneist out of this toune to the boimd rod, soionns _ _ ' and for . vnder the conduct of Capitane Robert Keith, brother to the Erll Marishall, dayes Lone and delyvered all to the said capitane wpomi the aughteine day of August Towncs instant, as ane of the companyes of the said Erlis regiment, eight hun- Coinpany. (ji-gth thriescoir nyne pundis : quhilkis debursementis the counsall acknow- leges to be gewin be thair order, and thairfoir ordanes the same to be allowit to the said Mr Robert in the first end of the moneyes debtfull be him to the toune, whairanent thir presentis shalbe warrant, and dischairge to him pro tanto. 1640.] RECORDS OF THE BURGH OF ABERDEEN. 239 Eodem die. 19 Aug. 1G40. Memorandum. — Deburst be Alexander JafFray, deane of gild, at com- mand of the magistrattis and coiincell to Generall Maior Monro, for harden to his soiouris, tuentie foure pundis, nyne ss., by and attour the soume of ane thowsand merlds money, quhilk was deburst be Mr Robert Farquhar, baillie, to that vse, conforme to the act immediatlie preceiding. 9 September 1640. 9 Sept. 1C40.' The quhilk day, forsameikill as wpoun petitioun putt wp be the Hay, Aidy burghe of Inuernes to the burrowes in thair late Generall Convention, commis- hauldin at the burghe of Irving, in the moneth of July last bypast, the burrowes wer pleased to appoint twa commissionares for Ediubm-ghe, twa for Perth, twa for Dundie, twa for Aberdeine, and twa for Elgine, to meitt at Inuernes the twentie twa day of September instant, for trying of the grounds and occasioune of the divisioun and distractioun that is fallin out amongst the inhabitantis of the said burghe of Invernes, con- cerning the electioun of than* magistrattis and councell, and suche wther particulares as ar mentioned in thair petitioun, and for setleing and pacefieing of the said distractiones, and making of ane perfyit reconcilia- tioun and agriement amongst thame ; thairfoir the prowest, baillies, and councell for satisfactioun of the burghes pairt of the act and ordinance of burrowes sett doune anent the premisses, electit, nominat, and chuisit Johne Hay, late baillie, and Dauid Aedye, commissionares for this burghe of Aberdeine, to keip the said meitting at Invernes, the foirsaid twentie twa day of Sepf"' instant, with continewatioun of dayes, and thair to advyse, consult, resone, vote, conclude, and determine with the remanent Commissionares of the burrowes there to be convenit, wpoun suche materis as ar gevin thame in commissionun frome the said generall con- ventioun of Burrowes at Irving, for setliug of the divisioun and distractioun that is fallen out within the said burghe of Invernes, and 240 EXTRACTS FROM THE [1G40. 9 Sept. 1C40. Hay, Aidy chossin commis- sionares to Invcrnes. 11 Sept. 1640. Christen Brow con- vict. 23 Sept. 1640. Names of the provost, baillies, and coiincell. for setting doune a solid order and forme auent the electionn of thair magistrattes in all tyme coming for intertening of peace and vnitie amongst thame. 11 September 1640. The said day Christen Brow, in Sklaittie, convict and putt in amerciament of court for injuring Elspet Donaldsoun, spous to Andro Burnet, calling hir a lier in her throt, in the publict mercat, to forbear, and James Mathosoun become cationer for the said Elspet for payment of sic vnlaw as the counsell sail modefie. The vnlaw of the said Christen modefiet to ten merkis, provyding if sho satisfie the pairtie be craveing hir pardone in a fenccit court, the said Christen BroAV to be free for payment of fyve merkis of the said vnlaw. 23 September 1640. Folowes the names of the Prouest, Baillies, and Councell of the burgh of Aberdene, chosin vpon the tuentie third day of September 1640, for the yeir to come : — Patrick Leslie, Prouest. William e Forbes Thomas Mortimer Johne Leslie Alexander Jaffray, Baillies. Maister Alexander Jaffray, late Prouest. Doctor Patrick Dwn. Robert Crukshank, Deane of Gild. James Robertsoun, Thesaurar. Williame Blakburne, Maister of the Kirk and brig warkis. David Aidy. Patrick Duvie. Walter Cochrane. Thomas Gray, Maister of the Gild Brethrenes hospitale. Alexander Ramsay, Maister of Lnpost. 1640.] RECORDS OF THE BURGH OF ABERDEEN. 241 Thomas Burnett, Maister of the Mortifeit moneyis. 23 Sept. Maister Alexander Gordon. — ' George Pyper, Wright of the Thomas Clerk, Wobster. and 23 September 1640. comicell. Eodemdie. The samen day the prowest, baillies, new and auld councellis, with a nigiitiy consent of the deacones of craftis, all personallie present at the electioun, appointed appointis a watche of tuelf persones to be keiped everie night, beginning at eight houres at evin till fywe honres in the morning, for keiping and watching of the wairdhous of this burghe, in respect of the insolence and miscareage of Johne Leithe of Harthill, and some other of the persones that ar presentlie lyand within the same. And the said watche to continew wnto the tyme a solid order be sett doime for the sure keiping of the said wairdhouse in tyme coming, and the haill inhabitantis of this biu-ghe, both frie and nnfrie, ar ordanit to keip watche as thay salbe wai'nit to that effect be thameselffis in than* owin propper persones, or be a sufficient habill persone for thame, under the paine of ane unlaw of tuentie sex schillingis eight penneis, to be payed be ilk persone absent to the deane of gild for the publict use of the toun, and furnishing candill and other necessaris to the watche, by and attour the refoundiug of suche losses as the toune shall happin to incurr, in default of any that sail be absent fra the watche, being warnit thairto as said is. 3 Octoher 1640. 3 October 1640. The said day the Councell ordaines searche to be maid be the Seaixhe to Baillies for sic rwnawayes as hes fled frome Capitane Robert Keythe's f^^."?!^^^ company, and thair maisteris and putteris out of these rwnawayes wha wayes. hes recept thame since thair away coming, to be made lyable to present thame befou- the magistrattis, and thay to tak notice of suche as may be convenientlie had within the toune for the publict service, with diligence. 1 2 H . 242 EXTRACTS FllOM THE [1640. 7 October 7 October 1640. 1640. Dr Wm. The samen day, in pi-esens of the prouest, bailHes, and councell, chosen compeuit, Mr James Sandelandis, civihst ; Mr Johne Lundy, humanist ; cipal ^'tiie Robert Ogilvy, sub-principall ; and ]\Ir Alexander Gairdyne, ane of ColieX regentis of the kingis college of Aberdeine: and declaired that doctour Willeame Guild, ane of our tounes ministeris, is chosin principall of thair college, and thaii-foir desyired the magistrattis and councell to give way to his transplantatioun, for the reasones following gevin in be thame in wreitt under thair hands, whairof the tenour followes — " Certaine resones represented be the memberis of the Universitie of Aberdeine to the prowest baillies, and counsell of Aberdeine, quliaii'by the present necessitie of hawing Doctour Guild transplanted to the office of principalitie is declared. " 1. Becaus without ane present principall the whole estate and rentis of the college ar lyklie to be shaken louse ; for the principall representing the dean, and the takes being sett for his lyftyme, quhairin the cheiff rent of the college consistis, neither the said takes nor anie other evidentis can be formallie passed without the said principall presentlie in office. " 2. The principall be oure fundatioun is admitter both of Bursares and regentis of philosophic ; and now presentlie there are thrie bursares and on regent to be admitted, quhilk cannot be done without ane principall. " 3. The Kirk of Machar is destitute of ane minister, quhilk cannot be ■ planted without the principall, he representing the deane, quho wa^ both persone and mmister of Machar. For these present necessities and many other urgent and grawe causses, we intreat the prowest, baillies, and counsall shall tak to heart the case of our universitie, and shall not shaw thameselffis opposeris or hinderares of the foirsaid transplantatioun, as we, the memberis of the Universitie shall evir be willing to assist and serve your wisdomes according to our strenth and poAvcr. Subscribit the sewint October 1640. Sic subscribitur, J. Sandilands, Civilist ; M. Jo. 1G40.] RECORDS OF THE BURGH OF ABERDEEN. 243 Lunde, humanist ; M. Ro. Ogilvie, sub-principall ; M. A. Gairdyne, regent." 7 October Quliilkis resones being red; hard, and considderit be the saidis prouest, — ' bailHes, and counsel), and thay thairwith being at lenth advysit, and Guild being unwilhng for the causscs aboue writtin, and for sindrie other bc°Piind- respectis moving thame, to enter in contestatioun with the said Universitic or yit with the said doctour Guild, ther pastor, for opposing his trans- College, plantatioun; and finding him inclyned to remowe, thay thairfoir gave way to his transplantatioun, and consentis thau-wnto, with this alvays conditioun, that the said doctour Guild reraane in this burghe, and exercise his functioun of the ministrie within the same till Witsonday nixt, quhilk he promeist to do, als cairfullie and painfullie as possiblie he culd, Lyikas the Counsall ordaines to intimat to the toune the said doctour Guild his transplantatioun, to the effect be thair advyse aue other minister may be chosin to supplie his roume. 14 October 1640. ' U October 1G40. The qtihilk day the Prowest, Bailies, and Counsall, at the desyre of The bell Doctoiu- Willeame Guild, now primar of the Kingis College of Aberdeine, °* ^ condescendis and agries to len him the bell of the grammer schuill of this biu-ghe, for the vse of the said college wpoun his ticquett, to be givin for redelywerie of the same back againe, betuixt and Lambes nixt to come, to be thane putt wp againe in its awin houssing, wpon the said Doctoiu* Guild his chau-ges. 22 October 1640. 22 October 1G40. The quhilk day it wes exponit be Patrick Leslie, prouest, to the x^e toim nig-htboures of the toune, convenit in the tolbuith be the drum, that the o ' _ _ ' Lord bin- Lord Sincler come yesterday to this bm-ghe, who shew that his regiment clare aueut of souldieris wer approching to this toune, quhairof fywe hundreth wer teVing of to come in this day, and thairfoir desyu-ed that thay might hawe quarteris within oure towne for thair awin payment ; and for oure townes better grammer .schoole lent to his soiours. 244 EXTRACTS FROM THE [1640. 22 ()ctober assurance thairanent, Mr Robert Farquliar, commissar, wold take vpoun — him to pay the nichtbom-es of thair quartering moneyes, anes ilk week. and tlie Lyikas the said Mr Robert being personallie present, declaired opinlie in clareancnt ^^^^ court that he had resawed from the said noble Lord thrie the quar- thowsand merkis money, to be deburst be him, for intertinement of his termg of . . . hissoioiirs. soiom-is SO long as the said soume might last, quhilk he accordingly promeist to pay ilk fridday, to the inhabitantis of this burghe vpovm quhome the saids soiouris sould be quartered, conforme to the ordinarie allowance formerlie bestowed wpon soiouris be Generale Maior Monro, at his late being in this burghe, and quhan the said thrie thowsand merkis salbe spent, the said Mr Robert Farquhar promeist to do his best to prowyd for thame thairefter, as he sould resawe ordar and wan-and for that effect. And thairfoir the said Patrik Leslie, prouest, inquyrit of the nightbom-es, convenit as said is, quhat answer thay wald giwe to the said Lord Sincler, to his desyre aboue specifeit : quha all in ane voice, be resone of the said Mr Robert Farquhar his promise of payment to thame of thair quartering moneyes, so far as the said thrie thowsand merkis might extend to, and of his promeise lyikwayes to wse his moyan and diligence for thair payment thairefter, were content and consentit to accept and resawe the said regiment of soiouris and thair commanderis, and to giwe thame quarteris within thair houssis, wponne the conditiounes aboue mentioned, payed be the said Generall Maior Monro for his soiouris. 23 October 23 October 1640. 16i0. George The same day, in presence of Mr Alexander Jaffray, baillie ; George convict. Ross, hors-hyrer, convict for drawing a durk and persewing Johne Dempster, fleshom*, tliis day, and stricking at him thanwith, throw the juip; James Forbes, fleshour, become cautioner for the said George to pay sic vnlaw for the said riot as the counsall sail modefie, and the said George became actit to releiwe his said cationer, and Alexander Clerk, wobster, became actit cationer and law-burrowes for the saidis Johne Dempster 1640.] RECORDS OF THE BURGII OF ABERDEEN. 245 and George Ross, that atlier of tliem sail be frie of the vther be way of 23 October dead, in tyme cummg, vnder the paine of ane hundredth pnndis, and they — ' become actit to relieve their said cationer. The wnlaw of the said George Ross^^ Ross modefeit to aucht merkis, to be payed to the deane of gild, and to be committit to waird till the same be payit, and thau'eftir to crave the pairtie pardon in fenced court. 28 October 1640. 28 October 1640. The said day Mr Willeame Moir, late baillie, was chosin commissionar .. . chosin to the Committie of Estate at Edmburghe, as he that was nommate commis- Commissioner for this burghe be the said Committie, with Mr Alex- the'com- ander Jaffray, late prowest, quho is latelie returnit frome Edinburghe, g^^j^^g and whose absence is to be suppliet be the said Mr Willeame Moir, whome they appoint to represent oure Tounes greivances to the said Committe, by the lying of tuo Regimentis of souldiouris in this Toune, towitt the Lord Sinclair and Maister of Forbes regimentis, and to petitioun that the Toune may be fred of thame both, at the least of ane of thame, for the reasones to be sett doune in the Instructiounes to be giwin to the said Commissioner: and siclyik giwes him commissioun to deall with Mr Andro Cant, minister at Newbotle, for his repairing hither with all convenient diligence, for accepting wpoun him the functioun of ane of the ministeris of this toune, conforme to the act of the late generall assemblie, and ordaines the soume of ane hundreth merkis to be gewin to the said Mr Willeame for macking his expenssis, to ane compt to be payed be Robert Cruickshank, deane of gild, quhilk sail be allowit to him in his comptis. 246 EXTRACTS FROM THE [1640. 'i64oJ^" 11 November 1640. Patrick Leslie The quhilk day, anent the missive direct fronie the Prowest, Baillies, commis- Councell of the Burghe of Edinburghe to the Prowest, Baillies, and ti'ie'parli'a °f burghe, for keiping of the parliament appointed to sitt ment ami doune the nyntene day of November instant, and also for keiping a ing of tiie meitting of the bnrrowes, the sexteine day of the said moneth, immediatlie buuowis 'befQij. -the dounsitting of the parliament; off the quhilk missive the tennour followes : — "Richt honorable and loving freinds and nichtbouris, Whairas the commissioneris of the burrowis of this kingdome, laitlie convenit at Irwing, lies appointed ane meitting of the whole bun-owes, to be at this our burgh of Edinburghe, the sexteine of November nixt, with continewatioun of dayes, immediatlie befoir the dounesitting of the parliament; theise ar thairfor according to thair directioun to requyre yow to send your commissioneris sufficientlie instructed, not onlie for keiping of the said conventioun, appointed to be wpoun the said sexteine of November nixt, bot also for keiping the dyet of parliament, and that suche as yow shall send to the said parliament be men favoiudng and practised in the elFaires of tlieu" estate, and of thaii- degrie, and rank, and merchand trafficquer, beiring bnrdine, and indwellar within your burghe, and who may tyne and win in the caus of the burrowes, and in the particular of youre burghe, for whome youre burghe will be answerable, and who will abyid consteintlie at all suche conclusiones as sail be maid be the most pairt of the burrowes, and that you conteine bot on persoun in your commissioun to the parliament, without prejudice to you to direct moe if you pleas, as assessouris, of the qualitie abo we writ tin, to hawe voice in absence of your commissioner. The whiche particular aboue writtin, we requyre yow to keip and observe vnder the generall paines contenit in the actis of borrowes maid thairanent. As also that yow send your commissioneris suflficientlie instructed for staying of friemen from being pertineris with vnfriemen and vnfi-ie skipperis. Item, for stopping of casting out of ballast abowe the Queenffenie. Item, anent the IGiO.] RECORDS OF THE BURGH OF ABERDEEN. 247 explaining and eulaii-ging of the jurisdiction gewin to the conveutioune H Nov. of burrowes. Item, anent the procuring of letteris for causirige of -; — Pfl-triclt vnfriemen to find catioun not to vsurp the liberties of tlie borrowes vnder Leslie ane liquidat pecuniall penaltie. Item, for dischairging the lait augmenta- gj'l^f^ig. tioune of the customes and lait impost wpoun the tune of wyne, or '^j™p^^']'?j^ rectifieing the present book of raittes, conforme to the 17 act of the said meut and last generall conventioune. Item, that yow send with your commis- i,°^fof the sioneres ane perfyt compt of the impost layed wpoun all goodes transported or imported to or frome your port to or frome the provinces of Pichardie and Norman die, with payment thairof frome the first of July 1638 to the first of July last, to the effect the saidis compts may be fitted be the commissionares, thair to be convenit, conforme to the 32 act of the said late generall conventioune. Anent all and whiche particulares aboue writtin we expect your commissionares sufiicientlie instructed, as you tender the weilfair of the burrowes, and vnder the paine of tuentie pundis, and thus committing you to the protectione of Almightie God, we take oiu" leive, and restis youre loving freindis and nichtbouris. The prowest, baillies, and councell of Edinburgh, subscryving be Mr Alexander Guthrie, our common clerk, at our command. Sic suhscrihitur. A. Guthrie, Edin- burghe, this 2 of September 1640. Item, to send with yonr commissioner your pairt of the soume of ane thowsand pundis, grantit to the burghe of Ku-kcudbricht, to be payed to the agent, conforme to the 31 act of the said last generall conventioun." Quhilk letteris direct wpoun the back — " To the richt honorabill our loving freindis and nichtbouris, the prowest baillies and counsall of the burghe of Aberdeine, these." Efter reiding of the quhilk missive, and for satisfactioun of the desyre thairof, the magistrattes and counsall nominat and chuisit Patrick Leslie, prowest, commissioner for this burghe, for keiping the dyett, foirsaid, of the parliament, as lyikwayes the said meittiug of the burrowes, and siclyik nominattis and appointis Mr Willeame Moir, who is presentlie at Edinburghe, commissioner for this burghe at the committie of estate, to be assessour to the said Patrick Leslie, prowest, both at the parliament and meitting of the 248 EXTRACTS FROM THE [1640. 11 Nov. 1460. Patrick Leslie cliosin commis- sionar to the Parlia- ment and to a meitt- ing of the burrowis. burrowes, and to voice for him in his absenee, and instructiounes appointit to be gevin to thame anent the tounes greivances, be the lying heir of tuo regimentis of souldioures, and anent suche wther particulares as salbe thought convenient to giwe tham in commissioun concerning this burghe ; and ordaines commissiounes to be giwin to tham under the tounes secreites seall; and the subscriptiounes of the magistrattis and clerk, both for the pai-liament and raeitting of the bxuTowes, and appointis the soume of thrie hundreth merkis to be gewin to the said Patrik Leslie, prouest, to ane compt for macking of his expenssis in the saids commis- siounes, to be payit to him as followes : towitt, twa hundreth merkis be James Robertsoun, thesaurer, and ane hundreth merkis be Robert Cruikshank, dean of gild, quhilk salbe allowit to thame in thair comptis. 18 Nov. 1C40. Act of the committe of estates of Parlia- ment anent the prj'ces of scliooes, boottes, hyddis, and tanning of leather. 18 November 1640. The act of the committee of the estates of parliament set doune anent the pryces of shoes, boots, hydis, and tanning of leather, quhilk is ordanit to be proclaimit at the mercat croce of this burghe, and to be registrat in the tounes counsell booke, thairin to remaine ad futuram rei memoriam, and to the effect the samen may be put in executioune within this burghe fiiedome and jurisdictiouii thairof eftii' the forme and tennour of the samen in all pointes vnder the peines thaiiincontenit : of the whilk act the tennour followes : — " At Edinburghe the t van tie sex day of November, j™ vi'^ fourtie yeares, the committee of the estates of parliament with advyse of the nobilitie, commissionares of the shejTes and burrowes convenit for the tyme, have- ing appointit ane number of cache estait to setle the pryces of the shoes, bootis, hydis, and tanning of leather, whilkis personis, after full delibera- tioun thairanent, resoluit and concludit wpoun thais articles wnderwrittin, whiche thay presentit and producit in presence of the said committee of estaites, nobilitie, and commissionares foirsaid, and after the samen articles war red and considerit in thair whole presence, and they all in one 1640.] RECORDS OF THE BURGH OF ABERDEEN. 249 woice ratifiet and approveit the samen as they ar heireftir set doune; of the 18 Nov. whilkis articles tlie teunom- followis : — — ' Thais on the committee appointit for setling some course to the committe cordineris, hes, after deliberatioun, considderit that, inrespect of the pryceis °f y^rlh- of the roiiffhe hydis ar almost at the samen rate sold for the present that nientancnt . . . . the pryccs they war sold this tyme tuellf month, hath thairfoir thoclit expedient that of sclioocs, the pryceis of the roughe hydis may be ordanit to be sold in maner fol- hycklis'aml lowing, viz.:- ^^^i That the best ox hyid be sold for eight merkis, and inferiour sortis of oxen hydis for fyve pxnid, seven merkis, and four pimd, and so furthe ac- cording to thair worthe, being rouche hydis. Item, the best kyne hydis being rouche, be sauld for four lib., and the inferiour sortis for fyve merkis, thrie pund, and four merkis, and so furthe according to thair worthe. Item, that thaii- be allowit for tanning of the best ox hyid for materi- allis, paines, and gaines, fiftie shilingis, and for the second sortis of ox hyidis and kyne hydis, ane heid, fourtie s. ; and for sur performance heir- of, it is ordanit that the magistrattis of each burghe and justices of peace in landward, sail have power to cans mak oppin the bark pottis for wisiting the leather, and for urging the tanneris to sell the samen at the prycis foirsaids, at the discretioun of the magistratis and justices of peace, con- forme to the ordour befoir prescryvit of the rouche hyidis : and the con- traveiner, in refusing to sell the rouche hyids at the pryces foirsaidis, to pay fourtie shilingis for ilk hyd, and the tanner whae refuissis, to pay thrie pund for ilk hyd, by and attour the fulfiling of the act, and tlie penaltie to be devydit as followeth, the ane halff to the delaiter, and the wther halff to the magistratis or justices of peace, for the vse of the publict. And siclyik ordaines that the cordineris sell the shoes and bootis as follows, viz. : — The inshe of thrie soillit shoes of the best leather, to be sold at twa shilingis twa penneis the inshe. 1 2 1 250 EXTRACTS FROM THE [1640. 18 Nov. Item, the sectmd sort of thrie soillit shoes to be sold at tuantie — penneis the mshe. committe Item, the inshe of singUl soillit shoes of the best sort, at sexteine of l?rlia- penneis the inshe. meiitancnt Item, the secund sort of single solit shoes at fourtein penneis the the pryces . of scliooes, inshe. hyddis and Item, the inshe of bairnis shoes double sollit, of the best sort, at sex- tenne penneis. Item, the secund of slichter leather, double sollit, at fom'teine penneis. Item of singill soillit of aucht inshis and wndir, at tuelff penneis the inshe. Item, that wemens shoes, timber heilit, of the best sort, be sold at tuantie sex penneis the inshe. Item, the secund sort timber heilit shoes, at tuantie penneis the inshe. And anent the prycis of bootis, it is ordanit that thair be allowit of the best leather for each insh of the length of the foote of bootis, the quadruple of the prycis of the inshes of the best sort of shoes, being tuantie sex penneis for cache inshe thairof, the topis being large, and of the best leather. Item, that the secund sort of leather maid in bootis, that the inshe of the length of the foote thairof, be sold at the quadruple pryce of the shoes maid of the secund leather as is befoir prescryvit, extending the pryces of the said shoes of that sort to tuantie penneis the inshe, the topis thairof being also lairge. And the said committee of estates, with consent foirsaid for sindrie caussis and consideratioimes, haue thought fit for the bruche of Edinburgh e, that the cordonaris -within the said burghe sail have for eache inshe of shoes of the best sort of leather thritie penneis, and for the secund sort of leather, tua shilingis for the inshe, and so furthe according to the lyik proportioun in singill solit and wemenis shoes ; as also thay sail have the quadruple of the pryce of the inshe of the best leather of shooiie for the 1G40.] RECORDS OF THE BURGH OF ABERDEEN. 251 inslae of the best leather of bootis, and siclyik of the second sort, accord- 18 Nov. ing to ihe samen proportioun of the secund sort of shoes. And the — ' penalties againes refuisaris to sell at the prycis foirsaidis, and the fynis coinmittc of not sufficient gear, to be confiscat, the ane hallf to appertaine to the of i4'^ii|il delaiter, and the wther half to the Judge for the wse of the publict, and mentanent Tiil6 CG& who refuissis to work and leaveth of, to pay fourtie pundis, by and attour of scliooes, punishement to be inflictit on thair personis, toties guoties, as thay salbe hyddis,'aiul chalengit and fund guiltie, and thair penalties to be imployit in maner fy^tijer" befoir prescryvit, and thaise of the poorer sort to be punishit at the dis- cretioun of the Judge. 2 December lQ4iO. 2 Dec. 1640. The said day the magistratis and counsell, inrespect of the lend Patrick vitious and scandalus lyf and conversatioun of Patrik Stewart, ane of the depryvcd beddellis in the gild bretherenes hospitall, quho hes fallin in the sin of j*,^ adultrie with Margaret Shirres, spous to Williame Scott, mariner, confest be Gild Bre- tlicrGiics thame both in the presence of the kirk session, have thairfoir depry vit and Hospitall. be thir presentis depryvis the said Patrik SteAvart of his place in the said hospitall, and of all^benefitt thairof in tyme coming, and declams him to be incapable of the said place in any tyme heirafter ; and farder, ordaines him to be presentlie tackin furth of ward out of the Tolbuith of this burghe, and had to the mercat croce, and thair be oppin proclamatioun the caus of his deprivatioun to be publictlie intimat, and his goune to be instantlie takin from him and pullit ower liis held at the mercat croce, and to be baneist the toune as ane vnvorthie member to abyd in the samen ; lyikas publict intimatioun was maid at the said mercat croce, that whosoeuir sould resave him in thair hous, or giue him any ludging frome this day fiirthe, they sould pay the unlaw of ten pundis to the deane of gild un forgivin, to the tonnes wse, and be lyable to farder censur as the magis- tratis and counsell sail find the circumstances of thair fault to deserve. 252 EXTRACTS FROM TFIE [1640. 16 Dec. 1640. Toole vacance dis- cliairgit. 16 December 1640. The quhilk day, the magistratis and counsuU, all in ane woice, dis- chargis the masteris of all the scollis within this burghe frome keiping of anie yule wacance, or giving than* scollans any tyme to play, except wpoiin the ordinar play dayis ; and for reformeing of the bygaine abuses, ordaines the saidis masteris to attend thair charge, both in teacheing and examining of thair scollaris as at wther ordinar tymis in the yeir, inrespect of the act of parliament dischargeing all suche waccance ; and ill place of the said yule wacance, the counsall grantis to the scolleris thrie dayis play at the begining of ewerie quarter, whilk was intimat to the masteris personnallie present. 23 Dec. 1C40. Lcslye Iiis discharge of his com- mission at the Parlia- ment and meitting of the burrowis. 23 December 1640. The said day, Patrick Leslie, prowest, compeir and in presens of the counsall, whae, being commissioner direct frome the bm-ghe to the late melting of parliament and conventioun of buiTOwes, hauldin at Edinburghe in November last, maid ane ample declaratioun of suche matteris as wer treatit of and handlit, both at the parliament and burrowis. Lyikas the said Patrick produceit ane letter frome the Committie of Estates to the counsell of this biu'ghe, with ane act of the said committie, and the actis of biuTowis anent the soume of ane hundrethe and feftie thowsand gilderis, appointit to be lent and advancit be the whole burrowis of this kiugdome, for the wse of the publict. In respect of the whilk report, the counsell findis that the said Patrick hes dcwlie acquytit himselff in his com- missioun, and thairfoir discharges him of the samen for ewer. 1641.] RECOEDS OF THE BUEGH OF ABERDEEN. 253 6 January 1641. 6 Jan. Followis the iniunctionis maid and set doune be the prouest, bailyies, Iniunc- and counsell of this burghe, to be keipit and observeit be the Sacrister or tlic kirk kirk warden tharof, in all tyme cuming. sacustar. Imprimis, it is ordanit that the Sacrister be present himselfF at all sermonis and commone prayeris, evening and morning, and sail wear his gotme, with ane staff in the kirk for choping of sleiperis, as also for re- moveing of meane men and boyis whae occupeis honest men's daskis, and will nather remove nor mak roume to men of better qualitie and strangeris, and for that effect to goe frome kirk to kirk in tyme of sermone. Item, for preserveing the windowis unbrokin, aither himselff or his servandis, ane of thame at least salbe continowallie present in the kirk frome the oppening of the duris in the morning till they be shut at nicht ; and if it sould happin that any of the windowis sal be brok in the nicht, in that cais, wliane they crime to oppin the dm-is in the morning thay sail weire all the windowis, and if they find any brokin, they sail intimat the samen to the master of kirk wark, for cleiring thamesalffis thairof, wther- wayes they sail mak report of the brakeris thairof, or else pay the skaith thameselffis. They sail keip preceislie the magistratis dask fast shut, till the magistratis come thameselffis, and not oppin the samen to any of what qualitie soeuer they be, till the magistratis come to the kh-k ; and incais any sould tak exceptioun againes the sacraster thairfoir, in that cais he sail declair he lies no key, bot that officiaris whae attendis the saidis magistratis hes that key. He sail command his servandis everie Saterday at night to watter and sueap the flooris of the kirkis, and diclit ewerie dask, least honest men sould spoyle tliair clothis and hattis thairon. In respect that the steippill getis great skaith throwe sleuth in leaveing oppin the doris and windowis thairof night and day, the great windis blowing throw within the steippill, and the raine roting the timber thairof, thairfoir it is ordainit that all the doris and windowis, heighe and lauche, be ewer fast, bot whane the bellis ar in ringing, and thairafter 254 EXTRACTS FROM THE [1041, 6 Jan. the laiche windowis to be fastenit everie night, and especiailie iu winter, J . — for eschewing* the great skaithe that may occur thairthrow. For tions to observeing the preceis tyme of ringing on the bellis of the Sabbothe day, sacrfsto. ordanit that the kirk bellis be rung as followis — viz., the first bell at halflfnyne, the secund at nyne, and the third at halff ten houris ; and on the weik dayis — the first bell to ring at halif sevin preceislie, the secund at sevin, and the third bell at halff hour to audit in the morning, and the bellis to ring ane quarter of ane hour at ilk tyme, and for the prayeris the bell to begin at halff hour to sevin in the morning, and to ring to sevin houris ; and at nicht to begin at halff hour to fyve, and to ring till fy ve houris compleit ; and in the winter seasone, the candlis to be all lichtit and set in order befoir the bell be halff endit ; and for observeing dew tyme in oppening of the kirk doris, it is statut and ordanit that the kii-k doris betwixt the first of November and the last of February salbe oppenit no sooner nor fyve houris in the morning. Twa candlis thane to be lichtit, and shut at halff sevin at night, twa candlis still bm-ning ; and all the rest of the yeir, the doris to be oppenit preceislie at four houris in the morning, and shut at nyne houris at nicht ; the sacrister himselfif, or ane of his servandis, being ewer present, as also that thay hawe ane cair of keiping the kirk yeardis frome horssis and wther bestiall cuming thairin, and frome drying any kynd of clothis thairin, or webis ; and that they suffer not the scollaris nor wtheris thairin at any pastim, nor to cast stanes on the kirk, whilk hes bein oftymis sufFerit in thair default, they not being present. Item, that the sacrister, nor neane of his servandis lay tapestrie befoir none, except suche as thair qualitie deservis the samen, and that to be done be advyse of some of the magistratis or master of kirk wark. Item, that he suffer none to goe or walk in the croce ku-k in tyme of sermone heirafter. Whilkis iniunctionis aboue writin war instantlie intimat to Thomas Cowie, present sacrister, wha was chargit to performe and obey the samen in all pointis. 1641.] RECORDS OF THE BURGH OF ABERDEEN. 255 17 February 1641. iJ^Feb. The saraen clay, it is ordainit be the proiiest, bailzeis, and Counsel], Actaganes • • ••••• • tll)Stl*1.C"' that if any nighbour or inhabitant within this brughe salbe fund to grind tgi-jg any of thair cornis at outlandis milnis, whilk tholis fyre and watter within ' comes the toune, the personn contraveining in this kynd sail not only be lyable from the in payment of double multur to the taikisman of the tounes milnis for mylnes. thair abstractit cornis, bot also salbe unlawit in thretein shilingis foure penneis, to be payit to the deane of gild, for ilk boll of thair cornis abstractit be thame, toties quoties, for the publict wse and benefit of the toune ; whilk act was intimat to the whole toune, conveinit in the tolbuith wpoim the fyft day of Marche 1041, to the effect nane sould pretend ignorance. 17 March 1641. 17 March 1641. The said day, Peter Hay, James Morgan, his servand, and Andro Hay and . „ . „ , his ser- Mowat, pickiemen at the townes commone mimes, m presens oi the pro- vantis uest, baillzeis, and Counsell, was convict and piat in amerciament of court for exacting of ane goupin out of ewerie seckfull of malt grund at the tonnes myliiGS saidis mylnes mor nor the dew multur and knaueship allotit to the tackis- convict, man and his servandis for thair service, and in particular for deteaning within the saidis milnes of the malt belonging to James Crystie, tailzeoir, and Wm. Patirsoun, maltman, till they sould be answerit of the said exac- tioun mor nor the dew multur and knauship. 256 EXTRACTS FROM THE [1G41. 17 Marcli 1641. Ordinance of councell agancs scrvantis gewares of any more nor the (lew multure and knavee- sliip for grinding of thair maisteris malt and agancs pickie- men ex- actcris of more nor thair due. 19 March 1G41. Vnlgine and Bellie Eodem die. The samen day, flforsameikile as the prouest, bailzeis, and Counsall, considering the great abuss cropin in of lait within this bi'ughe betwixt honest menis servandis within the samen and the pickiemeu at the tonnes commone mihiis, in the giveing and exacting of more nor the dew multur and knaiieship for the malt grund at the saidis milnis, be thair masteris knoweledge or allowance, to thair great prejudice : Thairfoir, and for eschewing of the lyik decait and frandfull dealling in tyme coming, the saidis prouest, bailzeis, and counsall ordaines intimatioun to be maid be the drume throw the haill streites of the toune, That nae servand grinding malt at any of the tounes milnis sail pay moir nor the dew mul- tur and knaueship for thair masteris or mestressis malt, conforme to the measure appointit be the Counsell for that effect; and if any servand contravein and transgres this present ordinance, be giveing of ane gowpin or any wther quantitie of malt mor nor the dew multur according to the measure foirsaid, or if any pickiemen or thair servandis at the saidis milnis salbe fund guiltie of resaveing or exacting of any farder nor thair just dew, the servandis haveand the chairge of the malt salbe accomptit as stealleris of than* masteris guidis, and the pickiemen or wther servandis about the milne as receptaris of stollen malt, and salbe punishit accord- inglie be scurging and banishment, or vthervayis at the arbitriement of the magistratis. 19 March 1641. The said day, Helene Vulgine and Margaret Bellie was convict and put in amerciement of court for injuring and stricking mutuallie ilkane of thame the wther, and scrating and ryveing of wtheris faces to the effu- siouu of other of thair blodis. Alexander Findlater, litster, cautionar for the said Helene Vilgine, and Wm. Gray, wricht, cautioun for the said Margaret Bellie, for payment of sic vnlaw as the Counsell sail modifie for thaii" saidis convictionis. 1C41.] RECORDS OF THE BURGH OF ABERDEEN. 257 25 March 1641. 25 March 1G41. The quliilk day the prouest, bailzies, and Cotinsell, considderliif^ that Election the commissionaris whae wer appohitit be the late Generall Assemblie to George meit at this brughe the twantie fourt day of Marche instant for planting ,^;',jfgtgi. of the wacand placis of the ministrie within the samen, lies refuisit to grant warrand for transplanting to the ministrie within this brughe of Master Johne Annand, minister at Innerness, of whome the Counsell, with consent of the haill toune maid electioun, and that in respect the said Master Johne was bot laitlie ti-ansplantit be the said Assemblie frome the kirk of Kynnoir to the said toune of Inuernes, whair he is scarcelie weill setlit as yit : Thairfoir the saidis prouest, bailziqp, and Counsell, being carefull to have the wacancie of thair pulpittis supplied be ane wther qualifeit and habill persone, hes electit, nominat, and choisin, and with consent of the whole toune convenit in the tolbuithe electis, nominatis, and chuisses Mr George Gilespie, minister at the kirk of Weymes, to be ane of the actuall ministeris of the said brughe, as ane man fit and habill for the place. Whilk being remonstrat to the saids commissionaris, they ordainit the said Mr George Gillespie to be transplantit frome his present charge at the kirk of Weymes to the ministrie of this brughe. . . . 31 March 1641. 31 March 1641. The quhilk day, efter sermone made be Doctor Williame Guild in Mr Andre the auld ku-k of this brughe. Master Andro Cant, whae by the Act of the ^^'^"J late Generall Assemblie was ordainit to be transplantit frome Newbottell ane of tlie ^ _ ministers. to Aberdein, was publictlie and solemnlie resaveit ane of the actuall ministeris of this brughe, with commone applaus of the haill congrega- tioun conveinit for the tyme, and in presence of the bretherene of the presbitrie of Aberdein, whae instantlie gave him the hand of fellowship. 2 K 258 EXTRACTS FROM THE [1641. 7 April 7 AprillQAl. 1641. Dcane of The said day, the prouest, bailzeis, and Counsell ordaines Robert calsi'e- Cruikshank, deane of gild, to enter Andro Rob, calsie maker, to wark mackci. -^vith all convenient dilligence for calsaying of that pairt of the kingis streit forgaines the mid milne in the Greine, and the calsay passand fi-ome the Braidget by Patrik Walkaris hous to the tolbiiith, and the gutter to be laid with flag stanes. 28 April 1641. Ratifica- tion of the Act maid aneiit tiic entrie of tencntis to Tcmpill Laiulis and Ab- bottis Landis. 28 April 1641. The said day, the prouest, bailzeis, and Counsell ratifies and ap- provis the act of Counsell of the dait the tuantie sevint day of July j™ vi*^ thretie nyne yeiris, maid be thair predecessoris anent the entrie of tennentis to temple landis and abbottis landis within this brughe, whairby it is ordanit that ilk intrant tennent, as assigney, sail pay ane yeares dewtie of the land whairwnto thay entir to the tonnes thesaurer for the benefit of the commoun guid, and ane air to pay onlie the double of the fewdewtie conteanit in the predicessoris infeftment; and that the sone or dochter of the heretour of any of thaise landis entering thairto be dis- positioun of thair parentis, sail pay onlie for thair entrie as ane air, and no farder to be exactit of thame, for the samen ; and ane clause to be insert in ewerie infeftment and saising to be givin of the saidis landis of the ten our above writin. Lyikas instantlie the saidis prouest, bailzeis, and counsell ordaines saisin to be givin to Patrik Gordon, litster, of the foirland and Avarkhous of the tenement in the Netherkirkget, conforme to the dispositioun thairof maid to him be Johne Forbes, sone to umquhile Johne Forbes, for the compositioun of fourtie merkis, to be payit to the tonnes thesaurer; and ane wther saising of the inland and yeard of the said tennement, to be givin to Michaell Findlater merohand, for the com- positioun of wther fourtie merlds of entres siluer, in consideratioun that the said haill tenement is become ruinous and likelie to decay. 1641.] RECORDS OF THE BURGH OF ABERDEEN. 259 4 May 1641. 4 May ^ 1641. Helen Sherar, convict of her awin confessioun for casting a cvp and Sherar and ane trien muskkin stoup at Margrat Burnett, and hitting of hir thairwith, fo"iMct! to the effusion of hir blood, to firbear ; and the said Margrat wes convict for pvitting hands on the said Helene, and for preassing to tak the said Helenes bairne from hir, for the quhilkis injuries they both were ordanit to be jogget, or than to redeim thameselffes thairfra as followes, viz. — the_ said Helene be payment of fourtie ss. of wnlaw to the deane of gild, and the said Margrat be peyment of twa merkis money. 7 May 1641. 7 May The whilk day, the whole toune being warnit to this day be the The tonus hand bell, and conveinand for the maist pairt within the tolbuith, it was tfoun^of exponit to thame be Patrick Leslie prowest, that the magistratis and ^qj^j^^^*'^ counsell, considdering the great abuse committit be dyuerse inhabitantis maid of this brughe in persewing maliciouslie thair nighbours befoir the com- persewers ■ missar and schirreff in actions whairunto the prouest and baillies ar bgfoir'in- competent judgis, and thairby not onlie draveing thameselfBs and thair j^^j"^ pairties to extraordinarie paines and charges, bot also disclameing their ordinar judicatorie and neglecting their dew respect to the toune and liberties thairof, had inactit and ordanit, conforme to dyverse auld statutis and ordinances maid be thair predicessoris, magistratis and counsell, of this brughe abefoir, that it sail naevayis be lesume to any nighbour nor inhabitant within the samen to persew ane wther befoir the schirreff or commissar, in actiouns whairwnto the prouest and baillies of the said brughe ar judgis competent, bot that all sick actions sallbe per- sewit befoir the saidis magistratis in tyme comeing^ under the paine of ten pundis of unlaw, to be exactit of ilk persone contraveineand, be the dean 260 EXTRACTS FROM THE [1641. 7 May 1641. Tlie tonus ratifica- tioun of the act of counscU maid aganes persewers of actions befoir inferioiir judges. of gild toties quoties, for the weill and benefit of the toune, as in the ordinance of counsell maid thairanent of the dait the fyft day of May instant at lenthe is conteanit : And thairfoir the said Patrick Leslie, pro- west, inquyiit of the toune convenit as said is if they wer content to adhear to the said act, and giue thair approbatioun thairwnto ; quhae finding the samen to be deliberatlie set donne for the wcill of the inhabi- tantis of this brughe, gave thair consent thau'to, and ratifiet and approveit the samen in all pointis, bot any oppositioun or obiectioun in the contrair. 19 May 1641. Act for diniolesli- ing the fauld biggit in the Linkis. 19 May 1641. The said day the prouest, bailyeis, and counsell ordainis the fauld bigit vpoun the linkis benorth brabneris goat to be dimolishit and cast down and the faill to be cuttit and laid in the lair whair thay wer castin be the directioun of the deane of gild, whilk wes accordinglie done. Eodemdie. Eodem die. Restraint The samen day the prouest, bailyeis, and counsell ordaines that na 0 f C*l 1*C 111 sand from sand be taken hen-after frome the hill besyd the castell hill, callit the IiUl'"'^" heiding hill, as in tymes past, under the paine of fourtie shilingis, to be exactit of the contraveiner but fauour, and the master of impost to hawe ane cair to see that abuse reformit, and to report his diligence thairanent to the counsell. 26 May 26 Mzt/ 1641. 1641. Statute The said day the prowest, bailyeis, and counsell statutis and ordainis anent the ^j^^^ mail nor woman whatsomeuer, nether stranger nor inhabitant, mercut. presume nor tak vpoiui hand to sell or buy any wooll in tyme coming, or 16il.] RECORDS OF THE BURGH OF ABERDEEN. 261 to arle any wool!, till the samen present the commone mercat of this brughe ^^^^^ wpoun the mercat day, and remaine thairin till aucht houris in the morning, and neane to be sold, coft, nor arlit befoir that hour, and if any sail con- anent the trowein in buying, seling, or arleing any wooll befoir the samen present mercat. the mercat, and remaine thairin till ihe hour foirsaid, the contraveinar alsweill sellar as buyar sail incur the wnlaw of ten pimdis toties quoties efter convictioun, and the samen to be tryit alsweill be aith of pairtie as be witnessis, and ordaines intimation heirof to be maid be touk of drum throw the haile toun, quhilk was done. 14 June 1641. 14 June 1641. The said day, in presence of the prouest, compeirit, John Straquhan, -^ct anent merchand, and Peter Moir, skipper, whae ar presentlie bound to Dantzick, ing of pas- and become actit bund and obleist to transport nae persone nor persons out^Tthe whatsumeuer, nor passingeris, in the said ship this present voyage, unles the said merchand and skipper acquaint the magistratis thahwith, and thair warrand had and obtainit thairunto, under the paine of fyue hundreth merkis money to be payit be them to the dean of gild for the publict vse and benefit of the toune incais of failyie. 15 Jwie 1641. 15 June 1641. The said day Mariorie Jack, spous to Thomas Marshell, was convict Mariorie and put in amerciement of court for injureing of Elspet Gray, and callit ^^^^ hir whoore, wpoun Friday last. The unlaw of the said Mai'iorie modifeit to twa merkis, to be payet to the deane of gild. 262 EXTliACTS FROM THE [1641. 15 June 1641. Andersone and Makie convict of usui-ping the rights of gild burgessis. Eodem die. The said day, in presence of the pronest, bailHes, and counsell, William Andersone and John Makie, coupers, friemen of this bm-gh, wer convict of thair awne confessioun for frauchting of William Walker, skiper, his ship laitlie to Norrovay, contrair to the priuiledgis and liberties oi craftismen, and bringing of the said ship to this brughe, loadenit Avith timber and daillis, contrair to the pri^dleges and liberties of the said burghe as said is, and thairby wsurping the libertie of gild burgessis, whairanent they refendt thameselffis in the connsullis will, be thair supplicatioun subscriuit with thair hand. For the quhilk, tlie said Wm. Andersone and Johne Makie wer unlawit in the soume of ane hundrethe poundis, to be payit eqiiallie betwixt thame to the deane of gild ; and ordains the said deane of gild to buy the said loadening frae the saidis couparis for the vse of the toun, as he buyes the lyk commodities frome strangeris and unfiie- men, be resone they haue no richt to traid with ouersea wauis. 16 June 1641. Moreson admittet ane of tiie doctouris of tiie granimer schoole. 16 June 1641. The said day anent the edict serveit to this day for filing up of the place of Master James Boyd ane of the doctoris of the grammer scoolle of this burghe, now waccand in the tounes handes be his dimissioun, com- peu-it within the kirk sessiomi hous, Master Robert Morisone, lauchfull sone to vnquhill Johne Moriesone, bmrges of the said burghe, and ofiferit himselff reddie and willing to underly tryall and examinatioun for the said plaice, whae, being examinat and tryit in his literature, guid lyf and con- versatioun, was fund meit and qualifeit for the place, and thairfoir the saids prouest, baillies, and counsell hes admittit, and, be thir presentis, admittis the said Mr Robert Moriesone to be doctour of the said grammer scoole during thair plesour, in place of the said Master James Boyd, and grantis to the said Master Robert yeirlie dureing the space foirsaid for his service, the stipend quhilk the said Mr James had obefoir, viz., the soume of ane 1641.] RECORDS OF THE BURGH OF ABERDEEN. 263 Imndrethe merkis, to be payit to him yeirlie at the feast of Witsunday, be 16 June the deane of gild, togidder with the profit and annueh'ent of the soiime of — ' fyve huiidrethe merkis, mortifiet for that wse be ane neighbour of the admUtet tomie, whae obscuirit his name, to be lyikwayes payit to the said Mr Robert j1"ctoiiri'r at the term foirsaid, be the master of the mortificatiounes ; and the said t''^ . grammer Master Robert being personalHe present, acceptit the said charge m and schoole. wpoun him, and promeisit to acquyitt himselff faithfullie thairiatill. 2S June 164:1. 23 June 1641. The qiihilk day, in presence of Patrick Leslie, prouest, and Alexander James~Peir Jaffray, bailyie, James Pen-, borne in Nisbit, besyid Haddingtoun, as he assaiJi'ting alledgit, being accusit for cruell hurting, wounding, and bloddi-aveing of Crombie. Johne Crombie, chapmane trader to England, vpon the tuantie nynt day of May last bypast, on the mercat streit of the said brughe, by giveing the said Johne nyn diverse wounds with ane durk, Confest the samen. As lykewayis being accusit on his behauiour and affairis in thir northe pairtis, and whether or not Jonet Stark, whome he brocht with him in thir quarteris, be his lawfull wyf, confest that he had no wairis for seall, neither any trad or calling heir, but pretendit he was goeing north to wisit freindis ; confest the said Janet was not his lawfull wyf, but ane concubin ; quhairfou- the said James haveing remanit within the wardhous of the said brughe be the space of tuantie dayis and aboue, and not haueing meanes neither to intertain himselff nor to pay the chirurgian for cureing the said John, the saidis magistratis decernis and ordanes the said James his best plaid, with his pistole, and ane pair of blewshankis, to be presentlie apprysit for paying the oflficiaris of suche money as is restandto thame, and the superplus to be delyverit to the chirurgiane. Whilk guidis wer instantlie delyverit and apprysit, the plaid at aucht pundis, the pistoll at tuantie sevin shilingis, and the shankis at saxtein shilingis, and wer delyverit be himselff to Thomas Urquhart, chirurgian, for the wse foirsaid. And as for his ryot, the saidis magistratis ordaines the said 264 EXTRACTS FKOM THE [1641. 23 June IC-tl. Jcimes Peir convict of assaulting Crombie. 6 July 1C41. Fraser convict of injuring Bessie Forbes. Eodem die. Watsone convict of dinging over Mar- garet Andre. Eodem die. Robert Massie convict for putting hands on Win. Gor- don. James Peir to bepresentlie [sent] to Morpeth as ane sojour for this brughe to the companie of Capitane Robert Keith, vuder the conduct of John Scot, sergand, in the most commodious way, for preventing of his flicht ; whae instantlie, be his great oathe solemnelie suorne, promeist not to desert nor leaue the said John Scot, nor to withdraw him from his companie, wnder the paine of hanging. 6 July 1641. The said day Elspet Fraser, spons of Duncane PhiHp, fermorar, was convict for injming of Bessie Forbes, spous to Johne Dempster, piiblictHe vpoun the hie streit, be vttering syndrie and dyverse injmious and scolding speeches aganies hir. The vnlaw of the said Elspet modifiet to four merkis, to be payit to the deane of gild. As lykwayis, shae wes ordanit to mak ane publict mendis to the pairtie offendit in presens of the magistratis, be craveing hir pardoun, and promeising not to dae the lyk in tyme cuming. Eodem die. The samen day Christane Watsone, spous to Johne Touch, warkman, was convict of hir awin confessioi;n, for striking and dinging over ane poor woman callit Margrat Andro, wpoun the calsay, and thairby braking of hir arme. James Rany, cordiner, cautioner for payment to the deane of gild of sic unlaw as the councell shall modefie ; for the quhilk the councell ordaines the said Christian to pey four merkis to the pairtie wrongit, and to satisfie the chu'iu-geon. Eodem die. The same day, in presence of John Leslie, baillie, Robert Massie, glasir wricht wes convict for putting violent handis on Wm. Gordon, tailzeom-, vpone Sunday last, at nicht, be taking from him his bannet and joyp, and stricking him with his hand in the face, and appealling him to the combat, whilk combat the said William refuset. For the quhilk, the 1641.] RECORDS OF THE BURGH OF ABERDEEN. 2G5 7 July 1641. councell ordanit the said Robert to pey four merkes to the deane of gild, and wtlier four merkes to the pairtie wrongit, and to crave him pardone ^ ^— in presence of the magistrates, and ordanes the said Robert to be wardit fliassie till he mak satisfaction accordinglie. putting liaTids on Wm. Gor- don. 7 July 1641. The quhilk day the magistratis and counsell for just respectis j^^j"^ moweing thame, dischargis any ringing or tolluig of bellis in the tyme of ciiarging buriallis; as lyikwayes discharges the setting of the bier and mortclothe on abuses at the gravis of any defunct persones whosoeuer, in any tyme heiraftir, as smelling of superstition ; whilk was instantlie intimat to Thomas Cowrie, kirk sacristir, personallie present. 9 July 1641. 9 July ^ 1G41. The quhilk day, the haill toune being warnit be the drume, to con- Lord Sin- veine in the Tolbuithe, and being convenit thairin for the most pairt the' tou'ii^ representand the bodie of the toune, it was exponit to thame be Thomas . ... . . billetnig Mortimer, bailzie, in respect the Lord Sinclair cannot haue moneyes for the of his present for intertainement of his regiment of soiours lyand in this toune, that the toune wald thairfoir be pleasit to advance to his lordschip fyve thousand pundis for intertaining of thame, or thane that thay wald accept the soioris in thair houssis, as they should be billettit wpoun thame, and giwe to ewerie soiour intertainement till the samen should amount to ten pundis, at quhilk time they sould be disburdenit of any farder advance- ment to thame ; besyidis, that the said Lord Sinclair, and Maister Robert Farquhair, commissair, sould giew thame band for repayment to the toune of what they sould fm-nish and advance ather in present moneyis or be intertaineing of the soiouris in maner foirsaid; whilk desyre the toune convenit as said is taking to thair consideratioun, answerit that thay ocht not to be furder burdenit for advancement of money for intertaining 1 2 L 266 EXTRACTS FROM THE [16il. 9 July 1641. Lord Sin- clarc iuid the toun anent the billetinjj of liis soiours. of soioris, but proportionablie with the rest of the borrowis and whole kingdome, and what the committie of estates shall injoyne to be done in this kynd be the whole kingdom and borrowis, thay ar content for thair pairt to contribiit accordinglie and no farder, and that becaus they have alreadie payit thair tent and twantie pairtis to the full extent with thair woluntar contributioun, and had furnished and send soioris to the airmie; and withall, they had latelie advancit for the wse of the publict in Flanderis tuantie thousand merlds money, quhairof as yit they haue receivit no payment, and thairby ar so disablit and weakened in thair meanis as thay may not advance any moir in this kynd. 10 July Ifilrl. Intinia- tioun anent the soiours. 10 Jithj 1641. The quhilk day the magistratis and counsell, all in ane woice, ordaines intimatioun to be maid be the drum that the soioris whae ar quarterit in any houssis within this burgh sail remaine in thair avne quarteris till Wednesday nixt at night, at the ordinarie allowance of four shilingis for ilk soior in the day ; and in the meano tyme to certifie the nighboris with whome they ar quarterit, that they salbe satisfiet be the commissar, Mr Robert Farquhar, as he hes promesit to the consell for this present weikis quartering, and till Wednesday nixt, but longer delay. 12 July 1G41. The tou)ics consent to quarter the Lord Sinclares soiouris for tuentie dayes. 12 July 1841. The said day the toune being convenit in the Tolbuith be the drume, it wes exponit to thame be Thomas Mortimer, bailzie, that Master Robert Farquhair, commissar, is willing and readie, conforme to his promeis, to satisfie and mak payment to the nighbouris of the toune of all bygane quartering muneyis restand to thame for quai'tering of the soioris of the Lord Sinclaris regiment till Wednesday nixt; and that the said Lord Sinclair is desyrous that the toune wilbe pleasit to quarter his soioris, be the sicht and directioun of thair magistratis, for the space of tuenetie 1641.] RECORDS OF THE BURGH OF ABERDEEN. 267 daps to come, beginning on Wedinsday nixt, the foiu-tene of July in- 12 July stant, for foiu' shilingis in the day for ilk soiour, according to wse and — ' wont, for the quhilk tuantie dayis quarteris, the said Master Robert (ionsent to Farquhair, commissar, is content to act himselff in the tonnes buikis, for tilg^LoJij payment thairof to the nighbouris at the tuantie dayis end, ilk ane for Sinclmes ^ . . ° ... soiouns for thair avne pairtis, according to the number of soioris quarterit wjDOun tuentic thame ; and thairfoir the bailzie foirsaid, desyirit the toune convenit as said is, in respect that the said Master Robert Farquhair is content to act himselff" for payment to thame of thair quartering money dureing the said space, that they will condiscend to accept of the saidis soioris to be quarterit Avith thame, as the magistratis sail appoint, dureing the said tuantie dayis ; to the whilk the toune willinglie condiscendit, in testimonie of thair affectioun to the service of the piiblict, and Aver content to accept of thame for payment, to be maid be the said Mr Robert Farquhair to thame, as said is. 3 August im. The quhilk day in presence of William Forbes, baillie, William Walker, Walker lax fisher, Aves convict and put in amerciament of court be the depositiones ^,°j"7ing°^ of sindrie famous Avitnesses, admitted, suorne, and examined, for injureing l"s master, of James Andersone, his master, be provocking the said James, and saying he should work aganes his maister's will, and for mispersoning his said maister, be calling him theiffes geit, and for shooteing his said maister in the Avatter, and for hitting him with a stone in the breist. Eodem die. Eodenulie. The quhilk day, in presence of Thomas Mortimer, baillie, James James Alexander being accuset be Alexander Davie, litster, for comeing to ^juvfctf*^' Patrick Jack, younger, litster, his hous in the Gallowget, and injureing the said Alexander be saying to him quhat lies had he spockin on him, avoweing he sould beat the said Alexanders skin, and. for stricking the said 2G8 EXTRACTS FROM THE [1641. 3 August Alexander with his hand ; quhilk being refervit to the said James his aith — ' of veritie, refuisit to swear : Quhairfor the said bailhe held the said accusa- Alexaudcr tioun as confest, for the quhilk, the conncell adjudges the said James in couvict. four merkis of vnlaw, and to crave the pairtie offendit pardone. Band The quhilk day, in presens of the prowest, bailzeis, and counsell to"the'' " of the burghe of Aberdein, compeirit Master Robert Farquhar, burges of niciiibons ^j^g g^^^-^ burghe and commissar in the northe, and declairit that vpon lor(iUiiitcr- o ' 1^ mg^tlie remonstrance maid be him to the inhabitantis of the toune, convenit in Sinclaics the Tolbuith, the tuelflf day of July last, that he was exhaustit in moneyis, legnneiit. ^^^^ thairby maid unhabile to advance any farder for furnisheing of the sojers of the Lord Sinclair his regiment, lyand in this burghe, the toune at that tyme, out of thair respect for the publict service of the kingdome, and to plesour the said Lord Sinclair, tuik vpoun thame and condescendit to quarter the soiors of his regiment for the space of tuantie dayis thair- eftir, till money es wer provydit, vpon the said Master Robert his promeis thane maid to the toune, that he sould satisfie thame for the said tuantie dayis quarteris, towit four shilingis ilk day for ewerie sojoris intertaine- ment at the expyreing of the samen tuantie dayis ; and becaus the said regiment of sojors ar yet lyand in the said bm-ghe, and intertainit be the nichtbouris of the toime, whae formerlie had thame in quartering the tuantie dayis bygane, the said Master Robert became actit and obleist to pay to the nighbouris and inhabitantis of this burghe, on whome the saidis sojoris ar or salbe quarterit, wther tuantie dayis quarteris, at the proportioun aboue writin, beginning on Wednesday the fom'th of August, and sicklyik continowallie thairafter, sae lang as the saidis soioris remainis in this burghe (he alwayis continowing in the said office and charge of commissar), and that of the first and rediest of the money he happenes to resave aither of his avne proper money, or of the money belonging to the publict. 1641.] RECORDS OF THE BURGH OF ABERDEEN. 269 ouie townes losses. 25 August 164:1. 25Aiigust 1611. The quliilk clay, the balzeis and counsell finds it expedient that Commis- commissioun be givin and send to Patvik Leslie, prouest, the tonnes pTOuefit\o commissionar at Parliament, and to Master Wm. Moir thair present with Petition lus ' inajcstie him, to petitioun his Maiestie for ane gift of the tack dewtie of oure tonnes for some customes, and for the great and small impost of the wynes arryveing and culaics in wentit in oure toune, and that oure toune be fred and liberat of all "^"'"'^^ °^ taxationes and subsidies whatsumeuer to be impoisit wpoun the kingdome and burrowis dureing the space of ten yeires, or for sick space of tyme as the samen with the foirsaidis giftis may be procured, in regau'd of oure tonnes extraordinarie losses be the troublis that hes continowit in this kingdome thu- thrie yearis bygane ; bot findis it not fitting to seik ane tak of the customes to the tounes behove, for respectis moveing the consell, but onlie the tak dewtie thairof ; and siclyik ordaines oure patent of admiralitie to be send to the saidis commissionaris for procureing of the Duk of Lenox his subscriptioun thairwnto. 6 September 1641. 6 Sept. 1641. Elspet Smith, servant to Alexr. Cuming, maltman, wes convict this Alex, day be the depositiones of sindrie famous witnessis, admitted sworne and convict^ examined, for putting violent handis on Elspet Craig, spous to Johne Milne, tailzeour, be ryveing doun the said Elspet Craig hir hair about her eyne, and for abeiseiug hir face, and making the same bla, and for trailling hir in be the curtch to hir sellar, and thairby almost Avirreing the said Elspet Craig : Quhairfoir the said Elspet Smith wes instantlie adjudget in ane unlaw of four merkis, to be payit to the deane of gild, and wes ordanit to compeir befoir the baillies in ane fencet court, and crave God and the pairtie wrongit pardon, and the said Elspet Smith become actit not to trubill nor molest the said Elspet Craig heirefter be deid of wrong, vnder the pain of banishment. 270 EXTRACTS FROM THE [1641. 17 Sept. n September 1641. Anent two The quhilk day, iu presence of Johne Leslie, ane of the baillies of the the Round burghe of Aberdene, compeu-ed Johne Stewinsoun, mercheant burges of r.ible. ^i^g g^-^ burgh, heretabill proprietar of the mercheant booth, presentlie occupeit be him, lyand in the Round tabill, on the north syd of the Huckster wyn, quhilk sumtyn pertenit to wmquhill Duncan Donaldson, and thaireftu- to wmquhill Robert Ramsay ; and in respect that the two boothes on ilk syd of the said mercheant booth and dwelling housses aboue the same belonges heretablie to Gilbert Hervie, eldar, who hes gewiu consent to the said John Stewinson to strick out a window in his said booth, whair newir any windo Aves abefoir, thairfoir the said John Stewinsoun become actit and oblest, and be thir presentes bindis and oblessis him, his aires, assigneyes, and successores whatsumeur, heretabill proprietares of the said booth, to warrand frie and skaithles keip the said Gilbert Hervie, his aires, assigneyes, and successores, heretabill proprietares, possessouris, and occupeares of his two mercheant boothes, nixt and con- tigue adjacent to the said John Stewinsones booth, on ilk syd thairof, as lykwayes the heretouris possessoris and occupeares of the duelling houssis aboue the saids mercheant boothes, of all danger, hurt, detriment, skaith, and inconvenient that the said Gilbert or his forsaids may susteane and incur in his saidis boothes and vpper houssis aboue the same, be the present stopping and breaking of the forsaid wall of the said John, his mercheant booth, and siclyke perpetuallie in all tyme comeing : And wheras tlier is ane bolt of yron infixt in the foirsyd wall on ilk syd of the said John Stevinsones booth doore to denotat and signifie in all tyme comeing, the space of bounds appoynted on the said foirwall, for haveing of standis or buirdis to hauld cloth and other merchandiies thairwpon ; quhilk boundis is designet to be ane elne and ane halfif" quarter of ane elne, outwith the foir wall of the said Johnes mercheant booth, on the east syd thairof, betwixt it and the eastmest booth laitlie occupiet be wmquhill Andro Howesone, and now be Alexander Middeltoun, and on the west syd there 1641.] RECORDS OF THE BURGII OF ABERDEEN. 271 is clesignet tlirie qnarteres of ane elne, outwith the foirwall towards tlie ^^g^j'*'' booth now occupeit be Robert Smith, be the brecking and stopping of the ^ — ^ qnhilk wall there is ane of the said yron boltes takin furth therof : Thair- booths in foir the said John Stewinson obleissis him and his forsaids, not onlie to xab^"""*^ infrie the said bolt of yron in the pairt quhair it wes infixt abefoir, bot also to keip thair merchandice to be put out at the booth door, within the boundis aboue designet on the foirwall, and nowayes to transgres the saidis boundis in any tyme heirefter ; and the said John bindis and obleissis him, with all diligence to put up on his awin charges, betwixt his awin booth door and the eistmest booth door ane louse moveing press or tafFell for easment of himselff and the possessor of the said eistmost buith, to be occupeit be ilk ane of thame, proportionablie, according to the saids desiignet merches ; and tlae steins taken out of the said John Steuinsones booth for stricking out of the said window, ar declairid heirby to pertein to the said Gilbert : Quhilkes premisses the said Johne Stewinson obleisses him and his foirsaidis to keipe, observe, and performe to the said Gilbert Hervie and his foirsaids in all thinges as is above wreiten vnder the pain of fyve hundreth merkis vsuall Scots money, to be payit be the said John and his forsaids in caice of failzie, and that but prejudice of per- formance of the premisses, and of sic action and execution as may be competent to the said Gilbert and his forsaidis to that effect. Eodem die. Eodemdie. • In presence of William Forbes, baillie, Peter Crombie, merchant, Tetcr was convict and put in amerciament of court be the depositioun of sindrie convict, famous witnessis, admitted, suorne, and examinet, for comeing at nyne houiis at ewin to John Scott, tailzeour, his hous, and injuring Marie Crystie, spous to the said John, be stricking the said Marie with his hand in the breist, and thairby dinging her over, — to forbear, his wnlaw modiefeit to aucht merkis, to be payet to the deane of gild. 272 EXTRACTS FROM THE [1641. 6 October 1641. Anent the buriallia in the kirkyard. 6 October 1641. The samen day it is statut and ordanit be the prouest, bailzeis, and counsell, that the gravis for the burialHs in the kirkyeard of the brughe salbe decentlie and ordourhe maid in tyme coming, begining at the south east styill of the said kirkyeard, and so goeing along in ordour round about the haill kirkyeard as salbe enjoy nit be the master of kirkwark, and the kirk officiar to haue ana cair to see this act preceislie observeit, that no ordour be givin for braking of the earthe and making of gravis in the kirkyeard, but as is aboue specefiet. 25 Oct. 1C41. Thel>kl baiTowes and plieasses to be com- j)rj-scd and lent to tlie niaisteris of tlie cor- rection bous. 25 October 1641. The whilk day the old barrowis and pheasses of the pack hous ar ordanit to be presentlie comprysit be Mr Wm. Moir, bailzie, Johne Jaffray, the thesaurar, Williame Ord, wricht, and James Smith, hammerman, and being comprysit, the consell grantis the leu of thame to the masteris of the Correctioun hous, till Candlemes nixt, to be delyuerit back againe to thesaurer at that tyme in alse guid caise as they are resaueit, or thane the masteris of the said correctioun hous to keip the saidis barrowis and pheasses at the pryce for whilk they shalbe apprysit, to be payet be thame to the present thesaurar. 20 Nov. 20 November 1641. 1641. Smith and The said day James Smith, wobster, and Alexander Kempt, wricht, convict. wer convict for comeing in the monethe of August last to the hous of Alexander Sangster, wobstei-, vnder clovd and silence of night, and braking wp the dore of the said Alexanderis hous with ane foir hamer, and entering the samen wdth draven suordis in thair handis; for the whilk, the counsell ordaines the said James Smith and Alexander Kempt to be wardit till this day audit dayis, and thairefter to be baneist the toun. 1641.] RECORDS OF THE BURGII OF ABERDEEN. 273 Eodem die. 30 Nov. 1641. The samen day, Williame Dancane, servitur to Thomas Walker, Duncan cordoner, was convict foi' comeing to the buithe of James Hall, cordonar, vpon Saterday last, at night, and draweing of ane quhinger, and th air with etleing to haue presewit the said James, and for injm-iouslie speiking to the said James dii^t m his cheick becaus he wald not suffer his servand to goe out of the chop with him to eat ane lambis leg as he desyrit, for the quhilk, the counsell ordanes the said Williame Duncane till remain in ward till Frydday come aucht dayis, and that day, in tyme of court, to compeir in presence of the magistratis, and crave the said James Hall pardone for his offence, and act himselff for his behauionr in tyme comeing, vnder the pain of Eodem die. Eodcm die. ■ Robert Gordon, tailzeowr, convict and put in amerciement for Gordon drawing of a quhinger to William Walker, skipper, and etling to haue strickin him thairwith, thay being both efter drink ; for the quhilk the said Robert Gordon wes ordanit to be wardit in the wardhous of this burgh till he releive himselff out of ward be payment of a dolour to the deane of gild. 11 December 1641. \l • Sara Fowler this day wes convict and put in amerciement be the Sa depositiones of sindrie famous witnesses, admitted, sworne, and examined for scolding and mispersoning of Andro Birnye, merchant, in the calling of him Canherit Carle, and for saying thair wes no carle that threw about a key of a booth door in Aberdeen bot micht haue gewin hu- waill, and for vaiging and exclameing on the streites, and glueing a lye to the said Andro his wyff, and sayeing shoe wes als gentill a woman as shoe wes her selff ; for the quhilk the councell ordanes the said Sara to be committed to ward 1 2 M Fowler convict. 274 EXTRACTS FROM THE [1G41. 11 Dec. IGll. Sara Fowler convict. 15 Dec. 1641. Thrie da)-es play grantit to the solioiares at tiie be- ginning of ilitquarter. 22 7)ec. IG-tl. Patent llobert, Dulce of Lennox, to the touu of the office of adiniralitie within tliair boundi.s. in the tolbiiith, thairin to remain aucht dayes, and to crave the pairtie pardone in a fencet court, with certificatioun if shoe be convict heirefter to be joggit. 15 Decemher 1641. The quhilk day the prouest, bailzeis, and counsell condiscended and agried that the haill scolleris within the scoollis of this burgh have thrie dayes play at the begining of ilk quarter, and that in recompence of the yule waccance whilk is now dischargit be actis of the generall assemblie and parliament, begining thair first thrie dayis play at Candlemes nixt, 1G42. 22 Decemher 1641. The prouest, bailzeis, and counsell ordaines the patent grantit be the Duk of Lennox, his grace to the prouest and bailzeis of this burghe, wpoun the office of admiralitie within the boimdis mentionat in the said patent, to be registrat in the tounes buikis, thairin to remaine ad futuram rei memoriam, whairof the tennour followis : — " Be it kend till all men be tliir present letteris Ws James,- Duck of Lennox, and Richmond, Earle of Darnley, Lord Torboltoun, Methvein Obignie, and Sanctandrois, great admii'all and chalmerlane of the kingdome of Scotland, that for sae meikle as we understanding perfytlie the guid, trew, and thankfull service done to vmquhill Lodvock duck of Lennox, our vncle of vorthie memoiie, be our trustie and welbelowit the prowest and bailzeis of the brughe of Aberdeine, thairfoir and for the lyk service to be done and performit be thame to ws and our successouris, as occasioun sail offer, to haue maid, constitut, and ordanit lykas we, be thir presentis, mak, constitute, and ordaine the saidis prouest and bailzeis of the said burghe of Aberdein, and thair successoris, prouestis, and bailzeis thairof, present and to come, coniunctlie and generallie, our werie lawfull undoubtit and irrevoc- able admirall deputtis within the said brughe of Aberdein port and herberie thairof, and betwixt the watteris of Die and Don, including bothc 1641.] RECORDS OF THE BURGH OF ABERDEEN. 275 tlie saidis watteris and riveris on bothe the syidis tliairof, and tliat dureing ^^g^j^' our will and pleasour allanerlie, and ay and qiihill they be discbargit be p^ ^— Avs ; and givis and grantis to tbame tbe said office of Admiralitie Avithin Robert the boundis and dureing the space aboue exprest, with all full casualities, Lennox^ to priviledges. and immunities pertening and belonging thairto, with full power to the saidis prouest and bailzies of the said burghe of Aberdeiu office of and thair successoris foirsaidis, present and to come, eoniunctlie and within seuerallie to substitut under thame clerkis, serjandis, dempsteris, and all i|ou"n]is_ wther memberis and officiaris of court neidfull, to elect, creat, and cans be suorne, and to tak thair aithis, with cautioun for dew admiuistratioun, for whome our sadis deputis salbe hauldin to answer, courtis ane or mac of the said adrnkalitie alse oftin as neid beis, within any boundis of the pairtis aboue exprest, to hauld, affix, affirme, and continow, preceptis and all wther executoriallis necessar, in whatsomewer actiones and caussis, alsweill criminall as civill, concerning the said admu-alitie within the saidis boundis, againes and in favouris of all pairties haveand entres, to du-ect and cans be execut decreitis, arreastmentis, poindingis, and all wther executoriallis give pronunce and cans be put to dew executioun in all pointis, wnlawis, bloodwytis, and amerciamentis of the saidis courtis to wphft and resaue, and generallie all and sindrie wther tliingis, to doe wse and exerce anent the premisses, sicklyik and alse frielie in all respectis and conditiones as the saidis prouest and bailyeis or thair predecessoris wseit or exerceisit the said office of admiralitie within the saidis boundis, or as any wther deputis of the said admiralitie wsit and exercit the samen at any tyme by gane, or as we micht doe our selffis if we wer personallie present, dischargeand be thaise presentis lyik as we be thir presentis, expreslie discharge all and whatsomewer deputis and substitutis in the said office if any be, within the boundis aboue written, of all farder wseing and exerceising of the samen, and of all stoping, debaiing, or impeding of the saidis prouest and bailyeis or thair successoris foirsaidis, in the lawfull bruiking and joyseing of the said office within the saidis boundis, and dvireing the space aboue exprest. And farder, we be thir 276 EXTRACTS FROM THE [1642. 22 Dec. 1641. Patent Robert Duke of Lennox to tlie town of the ofBce of admirafitie within thair boundis. presentis ratifie and approve the saiclis prouest and bailyeis of the said brughe of Aberdeine and thair predicessoris thair possessing, vseing, and exerceising of the said office of admiralitie within the boundis aboue specifieit, at any tyme bygane preceiding the dait heirof, with thair haill laufull and legall procedours thairintill. Prowyding alwayis as it is heirby speciallie prowydit that thir presentis be naevayis extendit to matteris of prysse nor pyrecies, whilk we alvayis reserve to be jndgit in our principall court of the said AdmiraHtie, and alse that the saidis prouest and bailyeis of the said brughe of Aberdein and thair siiccessoris foirsaidis, mak just compt rekoning and payment to ws or any wtheris in our name, haveing our power, of the haill casualities to be intromettet with be thame be vertew of thir presentis, whanesoewer they salbe requyrit for that effect, the trew and necessar expenssis to be deburst be thame in the discharge of the said office, being alwayis allowit to thame in the first end thairof, and for the mair securitie we ar content and consentis that thir presentis be insert and registrat in our principall court buikis of the said admiralitie, thairin to remaine ad futuram rei memoriam. And to that effect constitutis our irrevocable procuratoris, coniunctle, and seuerallie promitten, de rata, ^-c. In witnes whairof, written be Robert Hay, servitouv to Thomas Forrest, writer to the signet, and principall clerk of the said admu'alitie, we hawe suvscry vit thir presentis with our hand, and commandit our seall of office of the said admiralitie to be affixit thairto, at Halyrud hous, the allevint day of November, the yeir of God j™', sex hundreth fourtie ane yearis. — Et sic subscribitur. J. Lennox and Richmond." 5 Jan. 1C42 Act aiient the tonnes mort- clothes. 5 January 1642. The quhilk day the prowest, baillies, and councell vnderstand- ing that the dueties payable for the tounes mortcloathes ar not dewlie nor tymeouslie payed by theise who seikis the wse thairof at bimall, be reason the said mortclothes ar given furth befoir payment be receavit for the same, whairthrow delayis is maid of payment, and petitiones given in 1642.] RECORDS OF THE BURGH OF ABERDEEN. 277 to the counsall for dischargis, for remeid wliairof it is ordanit tliat tlie ^^g^"' thesaurar shall not giue furth any of the saids mort cloathis to any whatsom- — , _ — Act tlllGllt euer within or witliout burgh, till he receave present payment m hand, at the touncs the least ane sufficient pledge for the same, conforme to the former Xthes. ordinance maid tliairanent. 11 February 1642. 11 Feb. 1642. The said day, the coimcell considering, that the Lord Sinclans regi- Aet for . irTii removing ment is removed from tins burgh southward vpon thair march tor Ireland, of the ordanis the court de guard quhilk was bigit be Generall Major Monro, g^^^lgf^ vpon the mercat place, to be takin doun and the streete maid free thairof, and Jannet Tpuch, spous to AVilleame Scott now in his absence furth of this realme, to be requirit be George CuUen and George Menzies to tak doun the same, in respect the timber whairwith the said hous wes bigit, belongit to the said Willeame Scott, and if she refuise, ordanes the samen hous to be instantlie demolishit, and the timber and daills thairof to be carried to that place on the shoir quhairfra they wer takin, and thair laid doun and steplit to the behove of the said Willeame Scott. Conform quhairvnto the said George Cullen and George Mengzeis past immediatlie to the dwelling hous of the said Willeame Scott, and being debarred frome acces to the said Jannet Touch, in absence of her said husband, reqiiirit hu* at hir said dwelling hous to red the streete and calsey of the said timber and daillis, and to tak thame to hirselff, certifeing hir if she refuisit, the toun wald cans carry thame to the place whairfra thay wer takin. And siclyke the said George Cullen and George Menzeis past to the dwelling hous of John Scott, son to the said Willeame, and requirit him alse at his said dualling to the effect foirsaid. And seing thay could not haue access to the said John Scott nor yit to the said Jannet Touch, his mother, they tuik instruments on thair reqwsitioun in the handis of Johne Ingrahame notar publict, and protestit that the toune be free of all action, skaith, and damage thairanent in all tyme coming, in presens of Mr Alex. Menzeis, of Kinmundie, and Wm. Mm'car, burgessis of Aberdeine, witnessis present and requirit. 278 EXTRACTS FROM THE [1642. 16 Feb. 1642. Commis- sion to Faiquhar. 16 February 1642. The samen day the councell ordaines the provest and bailhes to STibsciyue ane commission to Mr Robert Farquhar of Mowny, to tak course and agree with James and Robert Smithes assignayis constitute be the Mar- ques of HuutHe to the tounes band, for the pryce of the armour bocht be the magistrats fra the said Lord Marques for the tounes vse, in Marche 1639, and that for releife of Walter Cochrane, late deane of gild, wha is bund to the said Lord Marques for the pryce of the said armes, quhairanent thir presentis sail be a warrand to the saids provest and baillies, and the council and thau* successors ar herby obleist to releive thame thairanent. Eodemdie. Lummis- dane his discharge of his com- mission. Eodem die. The samen day, in presens of the provest, baillies, and councell, compeirit Mr Matthew Lumisdane, baillie, commissionar chosen frome this burgh vpon the twentie nynt day of December last, for attending at Edinburgh the discuss of the tounes twa suspensions, the ane raisit against the maisteris of the correction hous, and the other against the Lord Marques of Huntlie, James and Robert Smithis, his lordships assignayis, for the armes receavit be the toune from his lordship, as also for attending the matter of tounes customes set to thame be the Earle Marshall, and other the tounes eflfaires committed to his chahge, and maid report of his haill proceidiugis in the saids particulars, quhau'anent the provest, baillies, and councell findis that the said Mr Mathew Lumisdane hes deuly acquytit himselff in the said commission : lykeas the said Mr Mathew gave back to John Jaflfray, thesaurar, foui-scoir merkis money of the four hundx'eth merkis quhilk he receavit for making of his expenssis and payment of his debursements in his said commission. 1G42.] RECORDS OF THE BURGII OF ABERDEEN. 279 16 February im. 16 Feb. ^ 1G42. The quliilk day the provest, baillies, and councell inrespect the ministeris The lec- • ■ ■ tiii'GS d>n(l of this burghe ha\ae appoiiitit and agreit among thamselffis to keep ana morning ordinal- lector thrise euerie weik in place of the evening prayers ; than-- be?n the*** foir finds it expedient that the saids lectors, as lykewayis the morning auUl kirk, prayers, be maid and keipit in the aulk kirk of this burghe till Hallow mess nixt, as the most convenient place for the same, notwithstanding that be ane former act the morneing and evening prayeris have bene said in the Gray frier kirk. 16 March 1642. 16 March 1842. The said day the provest, baillies, and councell considering that Actaganes than- ar diverse Actis of Parliament maid against blasphemaris of Godis and holie name, conteining alsweill pecuniale as bodily punishments to be in- ^^^^i'^'''^^- flicted vpou these that shall be noted and hard banning and swearing, conforme whairunto sindrie actis have bene set doun be the magistratis and councell of this bin-gh from tyme to tyme for restraining of that hainous sinne within this citie ; quhilkis actis, throw the not punishing of delinquentis, have not receavit due executioun, quharby the sinne multi- plies and increasses to the high dishonour of God, and scandall of the gospell. For remeid quhairof, and for curbing and punishing all offendars in this kynd within this burgh, the saids provest, baillies, and councell ratifies and approves all actis and statutes maid be thair predecessouris thairanent in any tyme bygane, and particularlie ane act of the sewint day of December 1605, and of new statutis, and ordainis that ilk master and mistres of ane farailie within this burgh sa oft as any of thame happins to be found banning or swearing any sort of oath, sail pay aucht d. to the vse of the poore, and ilk servant four penncis, quhilk salbe presentlie payit or exactit of thame be the Mr of the familie, or wtherwayis allowit 280 EXTRACTS FROM TPIE [1642. 16 March in thair fie be thair maisteris, and this to be extendit alsweill to women — - servands as to men servants, and ane box to be in euerie famib'e for this Act <1*''<111GS • • ■ • • T bannaies effect ; and for restraining of bairnes frome sweaiing, that thair be pahners swearares euerie familie, and the bairnes to be punished thair with in the hand so aft as they be found swearing, and thay of the poorest sort that offends in this kynd, sic as beggars, scoldis, and vagabonds not haveing meanes to pay the penalties, to be put in the joggis be the captors efter mentionat, and to stand thairin for the space of three hours or longer, according to the gravitie of thair fault. And becaus swearing and curseing is most frequentlie vsit vpon the common streetes of this bm-ghe at the burns held, flesh, fishe, malt, and meill marcats, and at the mercat croce, quhair coall, fruit, and sic sort of commodities ar sold, thairfoir the magistratis and councell hes nominat and chosin thir persones efter following captors and searchars to note all such persones, both landwart and tovmes persones as shall be found banning and swearing at any pairtes befoir specifeit ; Towit for the flesh marcat, fruit and keall sellaris about the croce, David Melvell, Gilbert Hervie, eldar, Alexander Williamson, baxter, Alexander George and George Ross for the timber mercat ; Thomas Clerk, William Lumisdane for the malt, meall, and fishe mercats ; Johne Maleis, Alex. Burnet, John Galloway, Alexander Henrie, for the the shoir; Alexander Burnet yonger, John Duncome ; for the Grein, James Blackball, Alex. Blak, younger, Alex Fiudlater; for the burne heid, Leonard Leslie, Charles Dune ; for the flour milne, and boundis thairabout, Andro Meldi-um, Patrik Annand; for the Overkerkget and Scoolehill, Andro Ingrahame, George Pyper, and Thomas Cushnie ; for the Gallowget, on both the syds thairof, Charles Robertson, William Forbes, elder, Patrik Jack, younger, Hector Smithe, and Henrie Dune ; for the Bredget, on both the syds thairof, James Christie, William Innes, Andro Rait, and Alex. Hovieson ; for the Gaistraw, David Lindsay, William Nicolson ; to whome powar and commission is hereby given to exact the paines and mulcte aboue specifeit of this statut, and incais any resist and refuis to give obedience, that the said captors note and give in thair names to the 1642.] RECORDS OF THE BURGH OF ABERDEEN. 281 and swearares. magistratis, that thay may giue orcTour for punishing and censureing -^^j^*™^ thame conform to the mynd of this act. And forder, the saids captors ar — 1-1 • • • r- •!• • T Actaganes heu-by appomtit to vesit famihes ance at least a month, to sie what ordonr bannares is in the famihes, if thair be boxes and exactiones, if thair be palmers and censures, if thair be amendiment and reformatioun, and if the pecuniall mulcte doe not redress and mak thame amend, then these delinquentis, whither thay be maisteris or servantis, parents or children, to be delated to the Session, and publict repentance ordanit for thame in such maner as the Session shall think fitt ; and if thair be any childi'en scoollars, to sie thame condignelie punished by thair masteris ; if thay be no scollars and young ones condignelie punisht by thair parentis, if parents neglect, the magistrats to correct thame ; and if they be ydle, wickit rogues liveing without all ordour, and be found to continew in this wickit sin, than to be brought to the correctioim hous, and thair to be exemplarlie punished at the sicht of the foirsaid captors, and by any other that shall apprehend thame on the streete or else where. And thir captors to continew till Michaelmes nixt to come. 30 March 1642. ^^^l^^^ The said day John Jafifray, thesaurar, is chosen coUectour and Thesanrar receaver of the prycis of muskatis and pickis bought be the toun frome the coMectOT Marques of Huntlie in March 1639, and eif neid be with power to the °^ ''''^ , ^ 1 o 1- piyces or said John Jaffray to call and persew the nightbors and inhabitantis within muskattis this bm-gh that receavit any of the saids muskatis and pickis befoir the '^"'^ P^*^'^'^- baillies, and to obtaine decreits thairwpoun, and to caus put the same to dew executioun, and to report and give accompt of his diligence to the magistratis and counsell quhan he shall be requyrit to that effect 2 N 282 EXTRACTS FROM THE [1642. 30 March 1642. The~ phcissis lent to the masters of the corrcc- tiouu hous. 6 April 1G42. Act againes prentcissis and wtheris sitting in daskis ■vvitliin the kirkis of this burghe. Eodem die. The quhilk day the prouest, baillies and councell ar content to len the pheissis to the maisteris of the correctioun hous till the first day of June nixt to come, and in caise they keepe thame any longer, that they pay twa hundreth feftie sevin pund ten shillingis for the same conforme to the compt of the buying of thame, produceit and red in presens of the councell. 6 April 1642. The quhilk day the provest, baillies, and councell considering the great abuse committed be dyvers and sindrie commoun people, prenteissis, young boyis, and other persones of meane qualitie within this burghe, who pi'esumptuouslie takis upon thame to sitt in eminent roumes and honest mens daskis at preaching and prayers within the kirkis of this burghe, no such places being due to people of thair qualitie, and notwith- standing of divers actis formerlie sett doun and intimat in the contrair, whirby sindrie of the councell and wther persones of gude note ar oftymes debarred frome thair awne daskis and disappointed of seatts convenient for thame ; for remeid whairof, and for repressing the lyke abuse in tyme comeing, the saids provest, baillies, and councell statutis and ordanes that whatsumeuer person or inhabitant of the burgh, of inferior sort, and of the meine qualitie foirsaid, whether they be maried or vnmaried, sail be fund guiltie of the said disorder, in tacking presumptuouslie vpon thame to sitt in any eminent roume or honest mens daskis within any of the kirkis heh-efter, shall be raised and taken furth of the saids daskis be the kirk officiar, and shall be vnlawed ilk ane of thame in tuentie schilling for the vse of the kirk work, and ordanes intimatioun to be maid thaii'of out of pulpit in both kii'kis of this burgh on sonday next, to the effect nane pretend ignorance. 1642.] RECORDS OF THE BURGH OF ABERDEEN. 283 Eodem die. 6 April 1642. The said day the provest, baillies, and councell ordanes George Orclinance ]\Ienzeis, maister of the kirk work, to cans mak ane greene cloth with ane maister of silk frengzie, for covering the foir paii't of the loft in the auld kirk whair noblemen vsed to sitt, and that for the vse of the said noblemen whane occasion shall offer of thair sitting, there. And the expenssis to be deburst thairin, the councell ordanes to be allowit to the said maister of ku'k work in his comptis. Eodem die. Eodem die. Bonaccord The samen day the councell gevis and grantis thair bonaccord siluer coupgewin • • • totllG VSG cup double overgilt to the maister of kirk work, for the wse and serwice of tliekirk. of ye kirk in all tyme comeing. Quhilk cowpe vpone the last day of May 1643yeiris, wes delyverit be Walter Cochrain, deane of gild, to Wm. Blakburne, maister of kirk wark, to be exchangit be him for wther coupes for the vse forsaid, according to the weicht quhilk it weyis. 13 April 1642. 13 April 1642. The samen day the sumonds raisit at the tounes instance against Anent the the two colledgis of auld and new Aberden, concerning the patronage of of t'h"yrk the kirk of Sanct Nicolas is appointit to be led on and execute ae-anis "l.^^"* , . ° ^lcolas. tham to the first day of Junii nixt to come. And siclyke the tounes lettres of lawborrowis raisit aganis those who caste up the tounes moss and incroache vpon the tounes freed ome at the heid of the den of Miu'thill, and vpon the tounes marchis betwixt thame and Gilcomstoun, to be laid on and execute with all convenient diligence, an to be prosecute thair- efter as necessitie sail require. 284 EXTRACTS FROM THE [1642. 13 April , 1642. iLoaem die. Act forane The qiiliilk day the provest, baillies, and councell taking to thair taxatioiui. consideration the great burden of dett whairin the toun is involued be reason of the lait troubles that has bene in this kingdome these four yeiris bygane ; quhilk dett being aboue fourtie thousand pundis money, the tounes whole commoun gude will not amount to so much as will pay the anuelrent and profite thairof, besyde that the commoun guid hes its awin ordinarie burdins, which dois exhaust the same, and seing the dett increases throw not paying the anuelrent, the councell thairfoir thiukis it fitting for staying the forder growth of the said dett, that the toun be stentit for twa thousand fyve hundreth merkis for defraying ane half yeiris anuell thairof fra Mertimes last 1641, to Witsonday nixt to come 1642 ; and withall, that they be taxt and stented for payment of thair ministers stipends, and defraying the chairge deburst vpon thair tran- sportation to this burghe frome the places of their former residence, in the soumes of money following — viz., in the soume of ane thousand pundis debui-st vpon the transportation of our three ministers ; towit fyve hundi'eth merkis to ilk ane of thame. Item for two yeu's superplus of Mr Andro Cant's stipend is payit to him yeirlie out of the teyudis of the parochin of Sanct Nicolas, four hundreth and tuentie pundis. Item for ane yeirs stipend, hous maills, and coalls to Mr John Oswald and Mr John Row, mmisters, fra Mertimes 1641 to Jilertimes 1642, twa thousand three hundreth merkis ; extending in all to the soume of four thousand six hundreth and twentie pundis. And for the better effectuating heirof, ordanes this thair resolution and conclusion to be remonstrat to the haill tonne, to be convcnit in the tolbuith on Tuysday nixt at their held com-t, and thaii' consents to be then cravit to the same, and to be taxt and stentit for the saids soumes for this present yeir allanerlie, for staying the farder increas and grouth of the toimes dett, till it please God that some meanes or way be found out heirefter to help and releive the same ; and if the toun condiscendis, to go on accordinglie with all convenient diligence 1642.] RECORDS OF THE BURGH OF ABERDEEN. 285 in setting and lifting of tlie said taxation for the generall vses befoii- ^^^^P"^ specifeit. 22 Ajjril 1642. Act for ane taxatioun. 22 April The said day, in presens of Mr Alex. Jaffiray, prouest, and Mr Wm. Moil-, baillie, Elspet Meldrume, spous to Archibald Meldrume, wes convict Meklmme for resetting of prophane people within hir hous, and for scolding, waging, and blaspheming Godis name, and thairfoir wes ordanit to be committit to ward within the tolbuith, thairin to remain fourtie audit houris, and to pay to the deane of gild aucht merkis of wnlaw befoir shoe be sett at liber tie. 4Jfayl642. 4 May ^ 1C42. The qnhilk day Patrik Leslie, lait provest of Aberdene, in face of the Piotcsta- . . .. . . .. tion Leslie. councell of the said burghe, exponit and declairit that seing his maiestie hade mortified and gifted to this burghe furthe of the bishoprick of Aberdene and Ross, a competent yeirlie rent for paying thair ministers stipendis, that it was not expedient to taxt the toun for thair stipends except for so much thairof as his majesties said mortificatiounes doth not extend vnto ; and for himselfif and in name of the most pairt of the inhabitantis of the said burghe as he alledgit, protested aganis the tax- ation now stenting and imposeing vpon the said burgh for the ministers stipends, and that they now, and in all tyme heirafter, should be free of any pant thairof, notwithstanding of the councells ordinance of taxting of the burghe for thair ministeiis stipends foirsaid, since it was never the custome of this burghe to taxt for thair whole stipend, and the preparative is dangerous. As lykewayis protestit that he and siich others who hade first subscrived the covenant, and haue given no offence neither to kirk nor cuntrie, should be free of any pairt of the foirsaid impoisit taxation presentlie appointit to be raisit in this burghe, or shall be impoisit or stentit heirefter for paying of the priucipall soumes or annuellis, or any pairt thairof which was exacted frome this burghe in tyme of the late 286 EXTRACTS FROM THE [1642. 4 May troubles, and for himselff and the foirsaids adlierentis to the protestation p formerhe maid in a pubHct court in this burgh be unquhill Wilhame Erskin, tion Leslie, then burges of this burghe, in his awin name, and in the name of his adlierentis for the effect foirsaid, which was of the date at Aberden the fyfteine day of Apvile 1639 ; and on the premisses the said Patrik requirit act and tuik instrumentis ; and Mr Alex. Jaffray, present provest, pro- testit in the contrair, inrespect of the councells ordinance, and the tounes consent to the granting of the said taxation for the ministers stipends for this present yeir allanerlie, in ane heid court, na opposition being maid against the same ; as lykewayis in regaird of the tounes consent formerlie grantit to be taxt for releif of the soumes of money exacted of thame dureing the tyme of the lait troubles, and lying heir of the armies, and thairon askit instrumentis ; and the said Patrik Leslie adhered to his former protestation made in name and behalf of the first Couenanters, as he alledgit, quha consentit not. 11 May 11 Mar/ 1642. 1642. Licence to The said day grants licence and tollerance to John Dickson of making vse'his "red go^ff balls within this burgh dureing the councells plesure, and his gude gouff'^'^'"" careage and behaviour allanerlie, inrespect thair is not such ane tradisman ballis. in this bm-gh, and that he hes produceit ane testificat frome the toun of Leith of his bygane guid life and conversatioun amongst thame. 27 May 27 Mar/ 1642. 1642. David In presens of Mr Thomas Gray, baillie, Dauid Philp was convict for Philp con ^^]j.jj^g helter out of Wm. Anderson hors heid, and for striking his servant thairwith sindrie straikis, efter that the said Wm. Andersones horse hade rin throw the said Dauids corne land. 642.] RECORDS OF THE BURGH OF ABERDEEN, 287 30Jiayl642. 30 May 1642. The said day Margrat Bellie, spous to Robert Dewny, and Cliiistan Bellie and • • Wilson Wilson, relict of nmquliill Patrik Cheine, for injureing each of thame the convict. other, for sindi-ie scandalous and scolding speiches, thairfoir wer ordanit both to be put in the joggis, or thane to redeime thameselffis thairfra be payment ilkane of thame of fourtie schillings to the dean of gild, and not the les they both ar ordanit to compeir befoir the pulpit the nixt Lords day in the auld kirk efter the ending of the sermon befoir noone, and craive God and the congregation pardon. Eodem die. Eodem die. The said day, in presens of the provest and Mr Thomas Gray, baillie, Aidye con- George Aidye, wricht, convict be the deposition of sindrie famous witnesses admitit sworne and examined, for drawing a whinger to Dauid Cramond, sklaiter, and striking of him thairwith on the breist to the effusion of bis bloode, to forbear ; for the quhilk the councell ordanes the said George to stand in waird aught da^ns, or to redeime himselff thairfra be payment of twa dollours, the ane to the deane of gild, and the wther to the pairtie, and to mak a publict amends in the tounes court, in presens of the magistrats. 8 Jw?ie 1642. 8 June 1642. The said day Christan Mure, spous to James Forbes, flesher, was Mure convict for injureing and sclandering Thomas Dempster, flesher, his Avyff, and bairnis, in saying that the said Thomas father was hangit, and calling his bairnis theeffs and theeffes geits, and vttering many execrable oathes aganis thame ; for the quhilk the said Christan is ordanit to be com- mittit presentlie in waird, and to remaine thairin till Freddy nixt, and to pay aucht pnndis of vnlaw to the deane of gild befoir she be takin furthe of waird, and the said vnlaw being payit, ordanes the said Christan to 288 EXTRACTS FROM THE [1642. 8 June compeir befoir the magistratis within the tolbuith in ane fencit court, and — ' thair confes and acknowledge her wrong, craw the pairties injured pardon vict. and forgivenes, and promis never to doe the lyke heirefter, and in caise the said Christan refuis to do the same, ordanes hir to be put up again in waird, thairin to remaine ay and quhill she amend publictHe as said is. wemen. 15 June 15 June 1642, 1642. Lady The quhilk day fforsamekle as ane noble Lady Kathrene Forbes, j^^j.'j^'^™jY Lady Rothimay hes freelie given and mortified to the provest, bailies, fication covmcell, and communitie of the bure-he of Aberden the soume of ane of ane . ° thousand thousand pundis vswall money of Scotland, to be employed or laid on mainten-'^ anuelrent for the pious vse contenit in the letteris of mortificatioune maistrcs of ^i^cl^rwretin, quhilk soume the said noble lady hes alreddie delyverit in schoole to gude and reall moneyis to the provest, baillies, and thesaurar of the said you^g ^ burgh, vpon the tent day of Junii instant, as thair acquittance given on the receipt thairof pi-oportis ; lykeas the saids provest, baillies, and thesaurar hes dely vered the same soume of ane thousand ptmdis to Patrik Moir, present master of the tounes mortified moneyis who grantis the recept thairof, to be employit be him be advyse of the councell to the proper vse quhairwnto the same is destinat. Inrespect whaii-of the councell of the said burgh in testimonie of thair thankfullnes to the said noble lady, and for hir ladyships assurance that the said soume of ane thousand pundis salbe employit perpetuallie in tyme comeing to the wse appointed be the said mortification, they ordaine the samen mortification to be registrat in thair councell register, to remaine ad futuram rei memoriam, whanof the tenour followes : — " Be it kend to all men be thir presents, me, Katherin Forbes, relict of the right honorable vlnquhill Willeam Gordoim of Rothimay of guid memorie, for the honor of God, and for the love I heave to vertew in woman, and to all women vertuouslie disposed, and to testifie my love for the burgh of Aberdein whauin I was educat and bred the most pairt of my youth, to have freelie given, mortified, and destinat, 1642.] RECORDS OF THE BURGH OF ABERDEEN. 289 and be tliir presentis freelie gives, mortifies, and destinates to the provest, 15 June baillies, councell, and commnnitie of the said burghe of Aberdeine and to — ^' thair successors, provest, baillies, councell, and communitie of the said Kotliiemay burghe in tyme comeing, the soume of ane thousand pundis vsuall ficaJion*^'" current money of Scotland, which I have alreadie caused to delyver to the •'^"^ , _ _ ^ , . thousand present provest and baillies of the said burghe, to be waired and employit pundis for vpon land or annualrent whair they find most convenient imployment, ^"eo/ane and the yeirlie annualrent thairof, sic as the same shall affoord and render ggj^o^lg to* for the tyme, to be givin and bestowed be the said provest, baillies, and ^"''"g '^P . young counsell of the said burgh, present and to come, towards the help and wcmen. mantenance of ane woman, to be ane mistress for keepeing ane schoole in the burghe of Aberden, and teacheing young women and lases to reid, wreit, and sew, and any other airt or science whairof they can be capable, of the qualitie and with the conditiones efter specifeit — viz., This woman and mistres of schoole to be a widow of honest report, grave and modest cariage and behaviour, and who haue lined both in the tyme of hir widowheid and in hir cariage and cohabitatioun with hu- husband of gude lyfe and conversatioun, ft-ee of publict scandall, and that shall be feligiouslie disposed, fearing God, or to be ane virgin' or maid of aige and discretioun, grave and modest, fit for suche a chairge, and if it shall happin the said widow or maid to marie or to prove scandalous in thair cariage lyfe or conversation efter they be admited to the said place, vpon just tryall and notice to be takin be the said provest, baillies, and counsell for the tyme, in that caice, she to be depryved of the said benefite and piit frome the place, and ane other woman of the qualitie and conditiones aboue specifeit to be chosin and put in hir place, lykeas, be thir presentis, I giue and grantis to the said provest, baillies, and counsell, and to thair successoris provest, baillies, and counsell of the said biu-ghe, perpetuallie in all tyme comeing, the full and absolute . right of pa- tronage, presentation, and admission of the said widow or virgin who shall injoy the said place and benefite belonging thairto in all tyme heir- efter. Reserveing alwayis to me, the said Kathrene Forbes, Lady widow 1 2 0 290 EXTRACTS FROM THE [1642. 15 June 1(;42. Lady Rotliicmay hir morti- fication of ane thousand pundis for mainten- ance of ane maistres of schoole to bring vp young wemen. of Rotliiemay, dureiug my own lyfetyme, the presentation of the said woman, widow, or virgin, and admission to the said place be advyse of the said provest, baillies, and councell for the tyme. And lykwayis with this speciall provision and condition, that if it shall happin any of my kindred or freinds of the name of Forbes or Setoim to present thameselffis, efter just examination, and try all to be maid be the said provest, baillies, and councell of the qualification and conditions, to demand and sute the said place and benefite belonging thairto, she to be preferrit befoir all other whosoever, ceteris paribus. And farther, it is my speciall will and appoint- ment, becaus the said schoole cannot be presentlie erectit, nor ane woman of the qualitie and condition foirsaid presentlie found out, that the anuel- rent and profite of the said soume sail accress and be added to the prin- cipall soume, and the profite of the whole soume, alsweill principall and byrane anuelrentis, to be bestowit and given to the said mistres of schoole, in all tyme comeing ; and this mortificatioun and schoole to be erected and set vp be the said provest, baillies, and councell with all possible convenient diligence. And since I haue committed the charge to them, to be managed and governed in all tyme comeing, as they will answer befoir the tribunall of our Lord Jesus Christ, whan He shall appear to judge the quick and the dead, that they shall faithfullie performe the conditions aboue specifeit in all pointis. And for the man- securitie, we ordane thir presentis to be registrat in the buikis of counsell or burrow court buikis of Aberdeiue, thair to remaine, ad futuram rei memoriam, 4'C- 2G July 1G42. Donaldson convict. 26 July 1642. The samen day Duncane Donaldsone wes adjudget in ane vnlaw of twantie merkis for stijiking of Johne Inglis, sone to wmquhill Paull Inglis, to the effusion of his blood Lykeas Paull Colinsone wes adjudget in the lyik soume of tuantie merkis for injuring the said Duncan, both the saidis vnlawis to be payit to the deane of gild. 1642.] RECORDS OF THE BURGH OF ABERDEEN. 291 12 August 1642. 12 Aug. In presens of Mr Wm. Moir, baillie, Andro Mowat wes convict of his Andro . Mowat awin confession for striking and dmgmg of Alex. Melvill, his servant, with convict, the bits of ane brydle, and giveing him ane bloodie strak thairwith in his thigh, and sindrie blae strakis on his back, and Alex. Mitchell became cationer for the said Andro to present him befoir the coiinsell on Wedius- day nixt, for sic vnlaw as the connsall sail modifie. 16 August 1642. 16 Aug. 1642. The samen day James Smith, laxfisher, and Elspet Hoode, his spous. Smith, wer convict for injureing of James Rany, laxfisher, vpon the elevint day ^nd Rany of August instant, lykeas the said James Rany was convict for injm-e- co^'^ict. ing of the said James Smith the day foirsaid, conforme to the depositiones of diuerse famous witnessis verified and known to the counsell, and thair- foir the said James Smith was adjudget in ane vnlaw of ten merkis to be payit to the dean of gild, and the said Elspet Hoode to pay four merkis to the dean of gild, as lykewayis the said Elspet is ordanit to crawe the said James Rany pardon for hir offence committit aganes him vpon freday nixt in ane fencit court within the Tolbuith vnder the pain of jogging. Lykeas the said James Rany was ordanit to pay four merkis to the said deane of gild for his offence committit aganes the said James Smith. Tandem the said James vnlaw remodifiet to fyve merkis be the counsall, and the said Elspetis vnlaw dischargit inrespect she wes joggit. 19 September 1642. ^^^^ 1642. ' The said day, in presence of Maister Alex. Jafiray, provest, and Mr pijjj^nd Wm. Moir, baillie, David Philp and Elspet Eraser, his spous, both convict Fi'aser and put in amerciament be the depositiones of sindrie famous witnesses admited sworne and examined, the said David for dinging and striking 292 EXTRACTS FROM THE [1642. 19 Sept. 1642. Philp and Fraser convict. Issobell Thomson, spous to Nicolas Bustoim, maister of the corection hous m the aniies and heid, thairby geweing hir many bla strakis in both the armes, and dinging hir violentHe to the earth, quhairthrow she lay deid, and wes tane vp be George Gordon, ofl&ciar, and sindrie other persones, and caried to the hous of Patrik Ker, officiar, whair she lay ane long space litle better nor deid. As lykewayes the said Elspet wes convict for saying lay Weill frome you, she is not sihh to na body heir, to forbear, fFor the quhilk wrong the said Dauid wes committit in waird, and gave satisfaction con- forme to the ordinance of counsell. 30 Sept. 1642. WmTwal- ker skipper oblist not to trans- port per- sons to forane countrie. 30 September 1642. The quhilk day, in presence of Patrik Leslie, provest, compeired Wm. Walker, skipper and maister of the gud ship of Aberdeen, callit the John, and voluntarlie become actit and oblist that he sail not transport any persone or persones furth of this kingdome to Zeland, nor to no foran countrie, or any pairt quhatsumeuer without speciall licence, consent, and advyse of the said Patrik Leslie. Lykas the said William oblist him to give vp ane just roll to the said Patrick of the haill names of the persons that he sail receave within his ship, vnder the pain of fyve hundreth merkis money to be payit be said William to the said Patrik for the piiblict vse of the countrie, and thiis for ilk persone the said William happins to transport furth of this herbrie to any other pairt without licence asket and gewin. 5 October 1642. Tliesaurar collector of the niuskat nionej' 5 October 1642. The said day the provest, baillies, and counsell nominatis and ap- pointis Thomas Burnet, thesaurar, collector of the moneyes restand be the nichtbouris and inhabitantis of this burghe for the guns, muskatis, and picks, coft and resauit be thame, and ordanes the said thesaurar to caus put the letteris of horneing alreadie raisit in the said matter to dew 1642.] RECORDS OF THE BURGH OF ABERDEEN. 293 execution aganis sic as refuissis or delayis to pay, and the said thesaurar C October to give ane accompt of his diligence to the counsell efter Martimes — -' . Thesaurar mxt; collector of the inuskat 19 October 1642. Oct. 1642. ' The quhilk day, the provest, baillies, and connsell ordaines the Ordinance whole bursars alreadie admitit, or to be admitit, within the colledge of ti"e*^^^ this burghe, diligently to attend and be ordinar hearars of all pnblict colledge. lessons and lecturs to be teached be the professors of divinitie, matha- matiques, or other publict lessons whatsumewer, within the said colledge, dureing the tyme that they resaue the benefite of the saids burses, and on nawayis to absent themselues thairfra, without ane lauchfull excuse, notified and knowin to the saids professours ; and that they wear daylie ane blak goun and blak hatt or blak bonnet, both upon the streits of the toun and within the colledge and kirk during thair courses in philosophic; whairin if it shall happin thame to faillie, or if (as God forbid) it shall happin any of tham to mak apostacie and defection frome the true protestant religion profest within this kingdome, at any tyme heirefter, in that cais the bursar or bursars, contraveinars of tliis present ordinance, to be depry vit of thair burses for that yeir. . . , 23 November 1QA2. 23 Nov. 1642.' The said day, the provest, baillies, and counsell gives and grants the soume of four hundi*eth merkis money, for supplie of the work of the ^o"" '"cpair . of the colledge of this burgh, and to help to repair the same. . . . colledge. Eodem die. Eodemdie. A Tveeklie The same day, the provest, baillies, and counsell thinks it meit and jgg^^ expedient that ane Ebro lesson be teachit weiklie in the colledge of this Hebrew to * ° be in the colledge. 294 RECORDS OF THE BURGH OF ABERDEEN. [1642. 23 Nov. burgh till Lambmes nixt, and oi-daines Patrik Leslie, provest, and Doctor — Patrik Dune, principall of the said colledge, to deall with Mr Johne Row, A weeklie . . r ^ iv lesson in ane 01 the tounes ministers, for that eifect. Hebrov to be in the ^u^Dcc. 1^ December 1642. 1642.' Swan~ The said day the provest, baillies, and counsell vnderstanding of the do™OT of literatur and qualification of ]\Ir David Swan, and of his habilitie to dis- giarainiir chairge the place of ane doctor in the grammer scoole, hes receauit and admitit, and be thir presents receaues and admits the said Mr David as ane of the doctors in the said grammer scoole, ad bene placitum consilii tantum, with the casualities and pension belonging thairto, payable at tua termes in the yeir Witsinday and Martimes be equall portions, the first termes payment beginnand at Witsinday nixt, for the half yeir fra Martimes last. 21 Dec. 21 December 1642. 1C42. Act contra The same day the provest, baillies, and counsell ordane the haill yoole day. inhabitants of this town thaii- bairnes, repair and keip the scoole preceislie vpon Sunday nixt and the weik therefter, vnder the pain of ten punds ; quhairof intimation ordanit to be maid be the drum passing throw the haill streits of the toun for that efiect. Eodemdic. 21 December 1642. J^lor6SOii • to set The said day, the counsell ordanes Mr Robert Moreson to set caution caution. -^.^ continuance with his charge in teaching the principalis of arith- metik, within the colledge of this burgh, till Michaelmes nixt ; and that he shall be ane ordinar hearer of all publict lessons, and shall not mak defection frome the religion presentlie profest. INDEX. \ INDEX. Aberdeen, provost and magistrates of, 240. Aboyue, The Viscount, 172, 173, 175. Adam, Bishop of Dunblane, 77 ; of Aber- deen, 89. Adye, David, 17. Alexander, Robert, dean of guild, 31. Anderson, George, master of kirkwark, 25. Annand, Mr Johne, minister at Inverness, 257. Arbuthnott, Laird of, 53. Athol, Earl of, 166, 170. Baird, Mr James, advocate, 77. Baird, Mr James, advocate, 144. Balmerino, Lord, 194. Banff, Laird of, 159, 164. Baron, Robert, D.D., 60, 138. Barron, Rev. Robert, 14. Blakhall, Mr Thomas, 183, Bonaccord, articles of, 223. Boyd, Mr James, a doctor of the grammar school, 262. Bowbrig, 49, 115. Brastoune, Nicholas, Englishman, 100. Brastoune, Robert, Englishman, 100. Brymmond, Hill of, 17, 18. Burnet, Sir Thos., of Leys, 45. Caithness and Orkney, bishops of, and peojile of, 67. Cant, Mr Andrew, minister at Newbattle, 235, 245, 257. Chalmer, Mr Thomas, doctor of the grammar school, 63, 98. Chalmer, Mr Thomas, master of the gram- mar school, 228, 229. Chalmer, Mr Thos., 30. Chalmer, Mr Patrick, sheriff-clerk, 70. 1 Chapel on the Castle Hill, 18. Clatt, Mr John, canon of Aberdeen, 33. College Library, 40. Colinsone, Thomas, baillie, 26. Correction House, 100, 106. Coupar, Lord, 154, 170. Cowye, Thomas, sacristar, 45. Crombie, Thomas, of Kemnay, 27, 70. Cullan, Mr Gilbert, baillie, 15. Dalgleish, Mr David, minister at Cupar, 200, 207. Dalhousie, Earl of, 194. Davidson, Patrick, master of the grammar school, 35. Doizglas, Lady Marion, 64. Dounye, Mr Robert, bibliothecar, 40. Dun, Doctor, 14, 69. Dun, Dr Patrick, 45, 63, 66. Drum, Laird of, 26, 27, 53. Drummond, Lord, 166, 170. Edinburgh, Bishop of, 63, 64, 69. Elcho, Lord, 154, 170. • Elsick, Laird of, 53. English School, 14. Farquhar, Mr Robert, deau of guild, 26, 27 ; bailUe, 106, 160. Farquhar, Mr Robert, commissary, 244, 266, of Mowny, 278. Forbes, Capt. Arthur, 4, 10. Forbes, Lieut.-Col. George, 194, 208, 211. Forbes, Lady Katherine, 288. Forbes, Master of, 154, 161, 166, 170, 215, 245. Forbes, Patrick, Bishop of Aberdeen, 71. Forbes, Pi-ofessor John, D.D., 69. 2 P 298 INDEX. Forbes, William, doctor in diviuity, 11, 14, GO, G3. Forrester, Lord, 194. Foverane, Laird of, 164. Fraser, Adam of Fiuzeauch, 20. Fraser, Alex., doctor of the grammar school, 30. Fraser, Lord, 154, 161, 166, 170, 215. Fraser, Mr Alex., 20. Frendraucht, Laird of, 70. Gallowgate Port, 49, 116. Gellie, Mr Johu, minister at Monymusk, 188. Gight, Laird of, 164. Gillespie, Mr George, minister at Weymes, 257. Gordons, broken men of the name, 118. Gordon, Dr William, 152. Gordon, John, in Kothiemay, 70. Gordon, John, of Park, 70. Gordon, Mr Alex., a regent at King's College, 242. Gordon, INIr Robert, of Straloch, 152. Gordon of Ardlogie, 70. Gordon of Auchauachie, 70. Gordon of Gollachie, 70. Gordon of Gight, 70. Gordon of Invermarkie, 70. Gordon, AVilliam, in Melingsyde, 149. Gordon, William, of Kothiemay, 288. Graham, John, baillie of Montrose, 168. Gray, Alex., reader, 45. Gray, IMaster of, 16C. Gray, Thomas, master of kirkwark; 67. Gray, William, of Pettindrum, 170. Guild, liev. AVril., D.D., 22, 52, 66, 114, 242, 243. Gun, Colonel William, 174, 175. Guthrie, James, of Petforthie, 168. Haddo, Laird of, 104. Hallow mes.s, term of, 279. Hamilton, Marquis of, 134, 137. llarthill, Gudeman of, 70. Hay, Captain, 159. Hay, John, baillie, 15. Hervie, Gilbert, 6, 37, 270. Hope, Sir Thomas, 144. Howat, Mr Andrew, 19. Hume, Mr Alex., 30. Huntly, Marquis of, 134, 136, 137, 148, 150, 192, 195, 197, 278, 281. Inglis, Paull, merchant burgess, 24, 34, 37. Irvine, Robert, of Fcdderat, 64. Irving, Sir Alexander, of Drum, 26, 64, 137. Jaffray, Mr Alex., 17, 26, 27, 41, 66, 116, 138, 144, 164, 168, 171, 186, 196, 199, 209, 214, 232, 236, 244, 285, 291, Jamesone, George, painter, 55, 75. Johnston, Dr AVm., 55, 102, 124, 151. Johnston, Mr Thomas, baillie, 15. Johnston, Robert, provost, 134. Justice, Port, 115. Keith, Alex., of Balmuir, 130, 131, 144. Keith, Lord William, 64. Keith, INIary, daughter of the Laird of Ludquharue, 130. Keith, Mr Gilbert, minister at Skene, 130. Keith, IMr Robert, brother of the Earl Marischal, 238, 241. Keith, Sir Robert, of Bcnholm, 64. Kennedy, John, baillie of Ayr, 120. Kinghoin, Earl of, 154, 170, 177, 182, 194. Kinnoul, Earl of, 77. Kings College, Aberdeen, 69. Laurence, a bell of St Nicholas church, 73. Lawers, Laird of, 159. Leisk, William, of that ilk, 130. Leith, John, of Haiihill, 217, 241. Lennox, Duke of, 274. Leslie, General, 154. Leslie, Patrick, provost, 25, 193, 206, 218, 221, 232, 242, 244, 247, 252, 285, 292. Leys, Laird of, 53, Liddell, Dr Duncan, 43. Lothian, Earl of, 194. Loudon, Earl of, 194. Lowsone, Mr Vedast, baillie, 36, 39, 40, 46. Lumysden, Mr Mathew, 5. Lundie, Mr John, humanist, lying's College, 242. Mackye, Colonel, 10. M'Gill, Captain, 159. Mar, Earl of, 194. Marischal. Earl, 151, 154, 162, 166, 170, 177, 182, 193, 194, 208, 211, 221, 233, 237. INDEX. 299 Melville, Andrew, master of the music school, 96, !)7. Meldrum. Andrew, baillie, 2G. Menzies, Gilbert, of Pitfoddels, 27, 66. Menzies, Sir Paul, provost, 15, 25, 27, 41, 66, 72. Merser, William, musician, 59. Moir, Mr William, master of kirk work, 102. Moir, Mr Wm., baillie, 218. Monro, Major-General, 222, 226, 238, 244. Month Cowie, 53. Montrose, Earl of, 152, 154, 166, 167, 177, 182, 194. Moreson, Mr (ieorge, dean of guild, 39. Moi'ison, Mv Robert, doctor of the grammer school, 262. Mortimer, Mr John, baillie, 15. Mowat. Mr Koger, advocate, 144. Muchall, Laird of, 53. Musick School, 14. Nicolson, Sir Thomas, 144. Nicolson, Mr Thomas, baillie, 26. Ogilvy, Mr Robert, sub-principal. King's College, 242. Patrick, Bishop of Aberdeen, 23. Pitmedden, lauds of, 102. Raban, Edward, printer, 60. Raitt, INIr James, minister at Marykirk, 39. Reed, Mr Adam, 41. Reid, Mr Robert, minister at Banchory, 41, 45. Reid, Thomas, Latin secretary to James VI. 41, Robertson, George, a writer of poesies, 60. Robertson, Mr Wm., minister at Futtie, 114. Rolland, Alex., teacher of French, 80. Ross, Mr Alex., minister at Inch, 22, 36, 114. Ross, William, in Ballivat, 70. Rothiemay, Lady, 288. Rutherfurd, Mr David, alderman, 15. Sandelandis, Mr James, civilist, 242. Seaforth, the Earl of, 194, 299. Sibbald, James, D.D., 114, 138, 235. Sinclair, Lord, 194, 243, 244, 266, 268. Stewart, Patrick, beddel in the Gild Brethrens Hospital, 251. St Catherine's Hill, 7. St Clement's Chapel, 113. St Thomas Hospital, 37. Swan, Mr David, doctor of the grammar school, 294. Table, The Round, in Aberdeen, 270. Urquhart, Thomas, chirurgeon, 263. Urrie, John, drill master, 10. Wedderburne, Mr David, master of the grammar school, 19, 20, 26. Wollmanhill, 49, 115. Tester, Lord, 194. Zetland, 16. CKAWFOED & M'CABE, PKINTEKS, 15 QUEEN STREET, EDINBURGH. \7 123""^ BOSTON COLLEGE LIBRARY UNIVERSITY HEIGHTS CHESTNUT HILL. MASS. Books may be kept for two weeks and may be renewed for the same period, unless re- served. Two cents a day is charged for each book kept overtime. If you cannot find what you want, ask the Librarian who will be glad to help you. The borrower is responsible for books drawn on his card and for all fines accruing on the same.