Dundee, Burgh of - Volume 2 - 1569-1578

Copied from the Dundee Records by Grace Mann.

Page 141

Anent our Sovereign Lords letters Raised at the instance of James Lovell burgess and costumer of Dundee, makes mention, That where Mr John Moncur, in the month of July last by past, Departed furth of the water of Tay with one ship laden with fish to the parts of England, without any payment of any custom therefore, he being merchant and owner of the said ship, and being admonished Be the said James Lovell, customer to our Sovereign  Lord  in the past, that he should not depart without payment of custom or showing to him of one coquet,  and whereupon promise made failed and departed; and such like in the month of April last was departed furth of the said water with one ship laden with white fish and victual such as beir, being likewise  merchant and owner, without custom or showing of coquet, being such like descript  thereto be said James, express against the laws of this realm. And to the evil example of theirs to do the like if this be suffered to remain unpunished. And anent the charge given to the said  Mr John Moncur to compeer before my Lord Regents Grace and Lords of Secret Council at one certain day by past, to have answered to the complaint abone written Under the pain of rebellion and putting of him to the horn with certification to him and he failed, letters should be direct to put him to the horn, and to escheat and in bring all his movable goods to our Sovereign Lords use for his contempt ion, as the said letters, execution, and indorsation thereof, at more length proposes. The said James Lovell comprehend personally and the said Master James Moncur of times being called and not comprehend, my Lord Regents Grace, with advise of the Lords of secret Council, ordains letters to be direct to officers of arms, Sheriffs in that part, charging them to pass and denounce the said Mr. John our Sovereign Lords rebell and put him to the horn, and to eschete and bring all his movable goods to his Majesties use for his contempt ion, after the form and tennour of the said letters.

Page 156, DUNDEE, 11th JULY 1572

Surety for the entry of Henry Lovell of Ballumby before the Council

Page 163 - APUD Stirling Quinto die mensis September, anno Domini jm vclxxii

Anent our Sovereign Lords letters purchest be the baillies and council of Dundee, makes mention;--that where upon the xxv day of August last bypass sindre of their neighbours, indwellers of the said town, returned from Bartholomew Fair, believed no evil of any person of persons but to have lelived under Gods peace and our Sovereign Lords  as his highness free lieges; notwithstanding George Commander of Arbroath, accompanied with a great number of hagbuttars and others persons bodin in fair weir, at the fute and end of Carnomouth, come and tiik perforce certain of the inhabitants thereof as persons, vicelike, Robert Jack, Savid Jack, Thomas Rattray.  Rattray his sons and John Craigtoun, with sundry their goods and gear, and had and carried them away Arbroath, and their detained as persons while that were constraint to find caution ilk one of them under pain of two hindered merks, that they should enter again as they should be required upon three days warning; and yet the said Commander, not content of this wrong and injury committed be him upon the xxviii day of the same month. Come to Erne mouth, betwixt Dundee and St Johnstown bodin and accompanied in manner foresaid, and their perforce took one laden with sundry merchandise goods of Dundee beand passed to St Johnstown to the market or fair called St Johns Fair, had and carried the same away with him, and yet has the goods in his hands and keeping to the value of v or vi’m merks, where throw the owners thereof or alluterlie here it, the same being most part of the goods they had to win the leaving and sustentation of them selves, their wives and children; and attoure, chased sundry others boats beand
Also passed up the same water. Shot hagbutis and daggis at the persons being therein. And has hurt William Gold alas Withy tan and diverse others to the effusion of their blood in great quantity; and yet daily and continually awaits alswell for their slaughters as for order spuilyeing   and revving of their goods and gear, in hei and manifest contemptuous of our Sovereign Lord his authority and laws, and to the evil example of b others to do the like give this suffered to remain unpunished.  And anent the charge given to the said Commander, to deliver the said goods and gear intermitted with him and his accomplices at his command as saud is ti any one of the owners of the same havened commission of the rest within xxiiii hours next after the charge; or else to compare personally before my Lord Regents Grace and Lords of Secret Counsel, this day--as the third day after the charge, and answer to this complaint, and also to underlay such other order as should be input to him for the will and quietness of the country, under the pain of rebellion and putting of him to the horn;  with certification to him and he failed, the said day by past, letters could be direct simplicity to put him to the horn , and to escheat and bring in all his movable goods to our Sovereign Lords use, for his constemption, like as at more length is contented  in the said letters, execution and indorsation  thereof;  the said Baillies and Counsel of Dundee comprehend  be Master james Halyburton their Provost, and Peter Clayhills one of the Burgesses of the same and the said Commendatar  being of times called and not comprehend, my Lord Regents Grace, with advise of the said Lords, ordains letters to denounce the said Commendatar  our Sovereign Lords rebell and put him to the horn, and to eschete, etc, after the form and tennour of the said letters 

Page 183

Anent our Sovereign Lords letters raised at the instance of David Henderson indweller of Dundee, makes mention;--the quhair David Ogilvy of Auchtiralych, John Ogilvy his son, and diverse others their accomplices has violently and ejected the said David Henderson, his wife and bairns, furth of his kyndlie steading called the free lands of Abirbrothie pertending in heritage to James Wedderburn nurgess of the said burgh, and has tane and reft fra the said David his haill Goods, geir, insicht, corns, cattle and others being thereupon; and has put him poor wife and bairns to such extreme necessity that they are able to pereis for lake of sustentation 
For no other cause that they had against the said David Henderson of the said James his master, but that they estimate the pretended forfeiture led the Quenn our Sovereign Lords moderis time, against all the inhabitants of the said burgh of Dundee should take place, and that the said David Henderson and his master, as members thereof are just to pray to them in respect of the said floater, - in hie contempt ion of our Sovereign Lors, his authority and laws, and in evil example to others to commit the like odious offences against poor peaceable people give this remain unpuneist.1  And anent the charge given to the said David And John Ogilvie, to compare before my Lord regents Grace and Lords of Secret Council at one certain day bipast, to answer to the said complaint under the pain of rebellion and putting of them to the horn, with certification to them and they failyeit letters should be direct simplicities to put them to the horn;
Like as at more length is contented in the said letters, execution and Indurations thereof: - The said David Henderson comprehend personally, and the said David And John Ogilvy’s overtimes called and not comprehend,- my Lord Regents Grace, and  advise of the Lords of Secret Council, ordains letters to be direct, to denounce the said David and John Ogilvy’s our Sovereign Lords rebels, and put them to the horn, and escheat, etc

Page 235

Apud Haliruidhous, quarto june, anno, etc. lxxiii’o
Anent the transporting of men weir and passengers
Forsamekill as it is understand to my Lord Regents Grace and Lords Secret Cousale, that a good nowmer of the lieges of this realme are prepared and putting  themselves in readiness to pass to the sea under pretens to serve in the wars in forgeign countries, not having our Sovereign Lords licence thereunto; be quhilk means they may use hostilities against the confederate friends of our Sovereign Lord this realme other on sea or lasnd, and swa procure inymitie and war against the same--his Highness presently, at Gods good pleasure, enjoying peace with all Christian Princes and common welt his --without hasty remeid be provided.  Therfore my Lord Regnets Grace, with advise of the said Lords Secret Cousale, ordains letters to be direct to officers of armes, Sheriffs in that part, charging them to pass to markat cross of Edinburgh, Leith, Dundee, Aberdeen, Montrose and all other places needful; and there be open proclamation in our Sovereign Lords name and authority, command and charge all and sundry his Highness lieges, as well men of weare as others what so ever, that none of them take upon hand take a ship or depart forth of this realme without they be first under charge of Captains having his Highness special licence to transport them; or that otherwise they have particular licences be themselves; under that pain of deid. And suchlike that no manner of masters ships of owners of ships ressave any captains, men of war, or passengers, to be transported forth of this realme to any parts beyong sea not having our said Sovereign Lords lecence thereto, to be kept for their warrant, under the said pain of deid and confiscation of the ship--with the remaining goods movable of the said masters skippers and owners-- to our Sovereign Lords use, for their comtemption.

Page 245

Anent our Sovereign Lords letters reset at the instance of William Auchinlek burgess of Dundee, makes mention,--That Where upon his supplication given to umquhile John Earl of Mar Regent of this realm, who haven consideration that the said William was shot with one great bullet through the bone of his leg, and thereby mutilated and made unable to win his leaving in his Graces service amongst his neighbours and brothers of Dundee,--at our Sovereign Lords of parliament held in the Cannon gate, the said umquhile Regent ordered and commanded James Lovell burgess and costumer of the said burgh of Dundee, to content and pay to the said William the sum of forty pounds of the reddiest of the customs of the said burgh, as the ordinance made upon the back of his said supplication subscribed to the said Regent, of the date the xi day of July the year of God JmVclxxii years, at more length properties: nevertheless the said  William never got nor can obtain no payment from the said james Lovell, notwithstanding that he, his wife and bairns, are in great poverty and misery for lake of their sustenance. And anent the charge given to the said James, to content and pay to the said William, the said sum of forty pounds of the readiest customs of the said burgh  conform to the command given him of before, within six days after the charge, or else to compeir before my Lord Regents Grace and Lords of Secret Council  upon the next day next after the said charge, and show one reasonable  cause why the same should not be done; with certification to him and he failed, letters should be direct simplifier to put him to the horn, like as at more length is contened in the said letters, execution and indorsatioun thereof: -
The said William comperand to George Auchinlek servant to my Lord Regents Grace, and the said James Lovell oftymes called and not comperand, my Lord Regents Grace, with advise of the said Lords, orders letters to be direct to officers of arms, Sheriffs in that part, charging them to pass, command, and charge the said James to content and pay to the said William the said sum of Forty pounds of the readiest customs of the said burgh, conform to the command given to him of before within six days next after he be charged thereto, under the pain of rebellion, etc., and if he fails therein, the said sic days bypass, to denounce, etc., and to eschit, etc

Page 407. Dalkeith 28th Sept., Perth

Anent our Sovereign Lords letters rasit  at the instance of the Provost, Baillies, Counsel, Deacons of Crafts and Community of the Burgh of Perth, makes mention; that where the said burgh is founded and dotat with sundry gifts and privileges be our Sovereign Lords most noble progenitors of good memory, as the evident thereupon under the Great Seill proports; and among others, they are dotat with the water of Tay from Drumla to the burgh of Perth to pertene to there to there liberty and freedom.  Whereupon they have action depended before the Lords of Session, quhilk rests and lies over there sundry years past undecided, throw the iniquity of time and troubles intervening within this realm. And now of late desist and leif of there pursuit of there right and privilege in the said water, and ineneding indirectly to intruse themselves therein, has upon the said complainers, for alleged bigging  and reparation  of the Shore of Dundee, and has caused arrest there goods in the oppim Shore in danger of spilling and tinsell . Not permitting the same to be shipped nor sellarit without they pay the said tax and imposition by the old use and wount allege and them to have our Sovereign Lords gift and confirmation thereon for the three years.  Howbeit the said shore and having is now in all good state as it has been in efect heretofore past memory of man; and in ant thing needful a sober thing would reform it, whereunto such a great nd heavy one imposition as the pretend to exact of the said complainers is not needful, viz, xii, xii s for ilk ton of their goods ilk voyage, not having regard herewith all to the decay of their brig of Tay, being a thing accidentally happened at Gods pleasure, throw great inundation of water --and the like not happening  since the first bigging  thereof - Quhilk cannot be repaired and remedied without some great and extraordinary provisions; and give any towst should be taken of their goods, it were more convenient  and equitable to be employed on their own work of the said brig, being a thing so necessary not only for their town, but for the whole country, nor on the shore of Dundee, that nowhere craves so large nor so present support.  And anent the charge given to Master James Haliburton Provost, Alexander Wannand, Richard Blyth, Robert Kidd, and James Finlayson, Bailies of the said burgh of Dundee, to compare before my Lord Regents Grace and Lords of Secret Council this day, to here and see them  discharged of raising and uplifting of the said towist and imposition  in time coming, notwithstanding the gift or confirmation foresaid under the Privy Seal granted to them thereupon, declared the same effect thereof, in so far as it may be extended or interpreted against the said complainers, to cease and have no further effect in time coming, for the causes foresaid; or else to show one reasonable cause why the same should not be done; with certification to them and they failed, they should be discharged in manner abonewrittin, like as at more length is contented in the said letters, execution and indurations thereof.  Quhilkis being called, William Lord Ruthven Provost. And Oliver Peebles on of the Baillies of the said burgh of Perth, comprehend personally for them self’s and in the name on behalf of the remained baillies, Counsel, Deacons of Crafts, and Community thereof; the said master James Haliburton Provost, Richard Blyth, James Lovell, Alexander Scrymgeour, and William Forester, Baillies of the said burgh of Dundee, being also personally present. The reasons and allegations of both the said parties being heard and considered. My Lord Regents Grace, understanding the matter to be great and wechtie, and he to be solitaire, the noble men and others of our Sovereign Privy Counsel,Being for the most part absent, therefore has continued and continues the same in the like form, force and effect as it is now, but prejudice of party, unto the xxviii day of November nect to come;  and in the meantime has discharged and charges the said Provost and Baillies of Dundee, of all exacting or uplifting of the said towist and imposition upon the said complainers unto the said day, taken only inventure of their goods and gear, because caution is else funding that the same shall be answerable, as my Lord Regents Grace and Council shall decern; both the said parties warned to the said day apud acts.
        

Page 440. Anent the town of Dundee.

Forsamekle as our Sovereign Lord, with avise of the Regents Grace Has been given and granted his Highness licence and privilege under the Privy Seal to the Provost and Baillies and Community of the burgh of Dundee, to raise and uplift a certain towst and imposition of every ship, vessel  and goods alsweill out passand as in command at the port and haven of Dundee; and that for bigging and repartion of the shore peir and bulwark  of the same, as the said letter made thereupon at more length properties  quhilk is ordained to induir for the space of three years next after the date thereof.  Wharefore and to the effect that the same may the better take excution alsweill in the diligent and uprycht raising and up taking of the sad towst and inposition, as in the faithful waring and employment of the same upon the bigging and repairing of the said work, for the weill  and comoditiy of the said burgh and strangearis resortand thereto, or to sic othe good use and work as our Sovereign Lord and his said Regent shall think convenient to bestow same kill of the same upon, as shall happen to rest and be surplus, attour the bigging, mending and reparation of the same shore and pier of Dundee.  The Regents Grace, with avise of the Lords of Secret Counsil, has nominat, appointed, and ordanit, an be their presentis, nominats, and ordains Achinlek of that Ilk, to attend and see the collecting and up taking of the said sowst trewlie and diligently, as alsua to see the same faithfully employed or kept in maner and to the effect before specifit, freely without any fee or duty to be taken or retenit be him of the said towst to is own use and behuir therefor, compt and rekyng thereupon in the chekkerat the end of the said three years to make and give; to the end that give than the said towst and imposition shall happen to extend to any greatetr soum not shall big,mend, and repair the said shore and peir, the surperlus for quhilk he salbe haldin to answer, may be answerable  and forthcoming to applied to sic othe good works as our Sovereign Lord  and his said Regent shall Command.

Page 505. Anent the Wines

Forsamekill as it is understand to the Regents Grace and Loerds of Secret Counsale, that their diverse ships presently arrived within this realme with French wines of the best reddest of whereof it was reasonable that our Sovereign Lord and Regents Grace and nobility be first served, according to the Acts of parliament; therefore ordans letters to be direct to officers of arms, Sheriffs in that part, charging them to pass to the Shore of Leith, Burgh of Dundee, City of Santandrois, and all others parts and burrows where French wines are already of shall happen to arrive, and their be open proclamation, in our Sovereign Lords name and authority, command and charge all and sundry the masters and skippers of the said ships, owners and merchants of the said wines, that none of them take upon hand to break bowke thereof, but to keep the same within boddum or sellars hole and undisonit , sauld or away put in any sort, ay and quhill sample of the best thereof be walit, market ,                            and laid by to the use and provision of the houses of our Sovereign Lords and his raid Regent, under the pains contenit in the said Acts of Parliament; and als to fens and arrest the said wines, and make just inventure of the same, and to quhome the same apperentis, to remain under arrestment, un-sauld or transported any ways, while our Sovereign Lord and his regent be served and staikit for their provision as said is; and to charge the Provost and Baillies of the said burrows and towns to see the premises fulfilled, as theu will answer upon their obedience at their uttermost charge and peril.

 

Page 515. Anent the custom of skins

Frosamekle as it is understand to the Regents Grace and Lods of Secret Council,that our Soverreign Lord is greatly defrauded in his customs, not only of the skynnis passed forth of this realm,--the fassioun of pakking  and nowmering not being in all places,--but in some parts there is a great number ma paked for the hundredth nor in other places,-- specially at Dundee, Montrose, Aberdeen, and others ports on the north coast,--different from the order observed in Edinburgh quhilk admits only six score skynns for the hundredth.  Therefor ordans letters to be direct, charging the customs and clerks of Cokquett, of the said burrows  and all other ports of this realm, that none of them take upon hand, to custom any ma skynns for the hundredth but six, and to uplift  and collect our Sovereign Lords customs conform thereto, as they will answer upon the execution of their offices at there uttermost charges and peril; certifying them and they be negligent herein, they shall be called for defrauding of our sovereign Lord of his Hienes customs, and punetis therefor with all rigour in example of others.   

Page 638 

(Edinburgh 22nd September) For Payment of Taxation within Burrows.
Forsamekill as albeit proclamation was made, charging all and sundry our Sovereign Lords lieges inhabitants of the burghs of Dundee, Linlithgow, Montrose, Perth, Coupar Fife, Sanctandrois, Arbroath, Dysart, Kirkcaldy, Brechin, etc., that they and ilkane of them, weill bodin in feir of weir, should convene and meet my Lord Regents Grace at Dumfreis upon the tenth day of October nex to come; and from time to pass forthwith with forty days victualls and provisions, for persute of the thieves, outlaws and others perturbaris of the public peace and quietness, as at more length is contented in the proclamation direct thereupon.  Notwithstanding upon humble suit made be the inhabitants of the said burrows, and offer of taxation of the sumes particularly following to the furnissing of men were to supple their rooms and public service, licence therefore is granted to them to remain and abide at home from the said oist and army, that is to say, for the inhabitants of the said burgh of Dundee some of etc.  For payment of the quhilk sumes, my Lord Regents Grace, with avise of the Lords of Secret Counsale, ordans letters to be direct, charging the inhabitants of ilk burgh foresaid to convene and elect persons to stent their neighbours, and to charge the said persons elected to accept the said charge upon them the said stent, and to convene and make one stent roll thereupon as effers withixxiiii hours next after they be charged thereto, under tha pain of rebellion, etc., and if they failve therein, the said xxiiii hours being pipast, to denounce. Etc., and to escheit , etc.  And sickle the said stent being made and set, to charge the burgesses neighbours ,and inhabitants of ilk burgh, to make payment of theit parties of the said stent, conform to the taxed roll to be made and given out thereupon within others xxiiii hours next after they be charged thereto, under the pain of rebellion, etc., and if they fail therein, the said xxiii hours being bipast, to denounce etc., and to escheit, etc., and if need be to poind and distrenye their reddiest goods and their gear therefor, and make open durris and use our Sovereign Lords keys to that effect.

Page 640. Protestation Dundee

The Quhilk day, in presence of my Lord Regents Grace,, comperit  personaly James Lovell and Alexander Ramsay burgesses of Dundee, and protested --that the present taxation of Five hundred granted be them in name of Procvost, Baillies and Inhabitants of the Burgh of Dundee, for licence given for their remaining from the oist, raid, and army appointed to convene at Drumfries upon the tent day of October next to come, provided to temain during the space of forty days thereafter for persute of the thieves, outlaws, and others troulblers of the public peace and quietnes of the two realmes, shall not prejuge the said Provost, Baillies, and Inhabitants, nor be as preparative in the payment fo the like taxation in time coming, but that they be subject to the payment of their parts pro rata, with others burrows of this realme as effers.

Page 693. Anent the Wines

The Kings Majesty and Lords of Secret Counsale being informed that their diverse ships with wines lately arrived and to arrive at the ports of Leith, Dundee, and others parts of this realme; of the first and best quhair it is convenient that his Majesty be served for the use and furnishing of his highness house.  Terefore ordans letters to be direct to officers of the Kings Sheriffs in that part, charging them to pass, command, and charge all and sundry persons already arrived or that shall happen to arrive with any wines at the said ports of Leith, Dundee, and other ports of this realme this present year, that they retain and keep the same wines within shipboard unlossit while the same tasted, waillit, and one tun every ten tunnis of the said wines marked and laid in sellar to our Soverreign Lords use, bi his Highness Symleir of Thomas Lindsay  Snawdoun Herauld, in Leith and in Dundeee or other ports where wines arrives be his said Symleir or such as shall have direction from him, for thankfull and good payment as seasonable and sufficient prices to be made therefore; and to arrest the same wines, to remain under arrestment in shipboard whill the said wines be tasted, marked, waillit, and one tun of every ten tunnis sellared and laid apart to hi Majestys use as said is, aas they will answer to his Highness upon the execution of their offices.

Page 701.

That none transport the slayers of the Lord of Gardine forth this realme Forsamekill as it is understand to the Lords of Secret Counsale be complaint made be the bairns and friends of umquhile Patrick Gardine of that ilk, that William Guthrie son to Guthrie of that ilk, with his accomplices, bodin with daggers and pistols, prohibit to be worn be Acts of Pariament and Secret Counsale upon the tenth day of May insatant set upon the said umquile Patrick Gardine, and cruelly, shamefully,and unmercifully slew him be shot of one gun or dag upon set purpose and provision, in his contemption of our Sovereign Lord

Page 738.

James Wedderburn, clerk of cocket in Dundee March 27th 1575, Robert Kydd, baillie of Dundee - -surety for the clerk of cocket of the burgh. Aug. 18th 1575