/ iT r THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES HISTORICAL NOTES CONCERNING LEITH AND ITS ANTIQUITIES O OS o 1 o LEITH AND ITS ANTIQUITIES From the Earliest Times to the close of the Nineteenth Century Witb numerous Illustrations^ Biographical Sketches and Portraits of the Members of Parliament^ Provosts Distinguished Ministers^ Sffc. ^c; also, an Appendix of Charters, Deeds, and Docu- ments, relating to the Burgh BY JAMES CAMPBELL IRONS, M.A. Author of Manual of Police Law and Practice Manual of Dean of Guild Law, Life and Work of Dr. Croll, F.R.S. etc. etc. Vol. \. EDINBURGH : PRINTED FOR THE SUBSCRIBERS BY MORRISON & GIBB LTD. To The liight Honourable THE EARL OF 1{pSEBERr K.G., K.T., LL.D., ISc These Volumes are, by His Lordship's kjnd permission, respectfully ^Dedicated PREFACE Having had the houour of actings as solicitor to the Provost, Magistrates, and Council of Leith for a period of over thirty years, it has necessarily fallen to my lot to investigate the ancient history of Leith, and to examine in connection therewith various ancient records, charters, and other documents bearing on this subject. Some results of these investigations were published from time to time in the newspapers, and repeated requests have been made that these articles should be collected, amplified, and arranged with the view of being published in book form. For a long time this did not seem either desii-able or practicable, until the scheme of the neighbouring buro-h of Edinburoh to absorb the ancient town of Leith was propounded, when, at the urgent solicitation of many friends, the compilation of the present work was begun. In the preparation of these Historical Notes recourse has been had, wherever practicable, to original documents and the most authentic sources. The authorities consulted are in most cases referred to, so that readers may have the opportunity of verifying for themselves, if so dis- posed, the statements contained in the book. Every effort has been made to render the record as accurate as possible, in view of which the documents themselves, or contemporary authors, are frequently viii PREFACE quoted, so that a really reliable account might be given of the rise and progress of the town. Possibly- some errors may have crept into the book, extending over such a lengthened period, but for these the indulgence of the reader is asked. The biographical sketches of deceased Members of Parliament for the Lcith district of burghs, and the Provosts of the burgh, have in every case been revised by relatives, so that they may be relied upon as authentic. Acknowledgment has to be made to the relatives of the various subjects of biography for per- mission to use the portraits, and, in most cases, for copies thereof, which have been sent. Had the writer contemplated the immense amount of labour involved in the consulting of authorities and the compilation of the two volumes now issued, the work would probably never have been undertaken ; but, from the encouragement which the publishers received from the subscribers, he felt that, having once begun the work, he was oljliged to finish it, however far he may have fallen short of the ideal record he intended to make the work. His obligations to the many friends who have sent documents, books, pictures, and other interesting historical relics, are too great and numerous to mention individually, Ijut they are here cordially acknowledged. He cannot omit, however, to acknowledge the kindness of ^Ir. W. Moir Bryce, F.S.A., for many kind services, and his friend and former schoolfellow Mr. Thomas Ross, F.S.A., President of the Scottish Architectural Association, for many illustrations drawn by him of specimens of ancient architecture in Leith. Leith, November 1897. CONTENTS VOLUME I CHAP. PAGE I. Traditional Origin 1 II. Authentic Origin .....•• 15 III. St. Anthony's Chapel 31 IV. Early Trade of Leith 41 V. The King's Work at Leith 57 VI. Foreign Trade with Leith 63 VII. St. Mary's Church, South Leith .... 77 VIII. Chapels in Xorth Leith— St. Xinian and St. Nicholas ....... 86 IX. Trade in Leith at the close of the Fifteenth Century 96 X. Scotland in the early part of the Sixteenth Century 108 XL Trade in Leith in the early part of the Sixteenth Century 130 XIL Regency of the Duke of Albany . . . . UO XIII. The Toun of Edinburgh contra the Toun of Leith . 149 XIV. Restrictions on Foreign and Local Trade . . 162 XV. The Old Alliance 173 XVI. Extortionate Edinburgh 178 XVIL The Burning of Leith 185 CONTENTS XVIII. Oppressive Ordinances ... XIX. The Second Burning of Leith . XX. Superiority of Leith XXI. The Quarrelsome Spirit of Edinburgh XXII. Mary of Lorraine ..... XXIII. The Siege of Leith XXR''. Departure of the French from Leith, and " Doun casting " of the Walls XXV. Antiquities of Leith ..... XXVI. The Reformation XXVII. Jlary Queen of Scots .... XXVIII. Kirkcaldy of Grange .... XXIX. The Siege of Edinburgh, and Death of Kirkcaldy XXX. Leith and its Trade after the Civil War . XXXI. Regulations and Ordinances respecting Leith XXXII. Entry of the King into Edinburgh, and Down fall of Morton XXXIII. Struggle among the Nobles for Supremacy — Spanish Intrigues .... XXXIV. The King's Marriage .... XXXV. The City's Rule over Leith ... XXXVI. Regulations and Ordinances XXXVII. Feuds amongst the Nobility— The Earl of Both well ....... APPENDIX PAQE 199 218 230 242 262 288 293 310 324 338 357 388 415 433 444 463 474 489 516 527 LIST OF ILLUSTRATIONS VOLUME I 1. The Port of Leith. 2. Ancient Seal of Leith . 3. Seal of St. Anthony's Preceptory . 4. Remains of St. Anthony's Monastery 5. South Leith Parish Church about 1848 6. South Leith Parish Church . 7. Sculptured Lintel of St. Ninian's Chapel 8. St. Mnian's Chapel about 1819 . 9. St. Ninian's Church, North Leith . 10. Robert Balantyne's Bridge . 11. Sculptured Stone at Newhaven I Meiklejohn's Close i ( Horse Wynd i 13. Doorway and Niche in Kirkgate . ( Peat Neuk i 14.1 I . . . . ' Barm Close i 15. Sculptured Lintel in Burgess Close 16. Arms of Mary, Queen of Scots 17. Fortifications of Leith, 1560 18. Arms of Mary of Lorraine PAGE Frontispiece 18 39 40 83 83 90 91 92 95 113 149 198 199 293 295 297 203 LIST OF ILLUSTRATIONS 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Sculptured Tablets in Trinity House Ancient Building in Kirkgate Ancient Tavern in Kirkgate . Ancient House in Quality Street . Landing of Mary, Queen of Scots . Council Chamber of Lennox, Mar, and Morton ( Laurie's Close i I Binnie's Close i I Vinegar Close i ' Yardheads ' Sculptured Lintel in St. Andrew Street. Tailpiece ...... Ancient Tavern in Kirkgate (back view) Ancient Tavern in Kirkgate (back view) PAai 306 307 308 309 324 337 415 489 515 525 527 527 HISTORICAL NOTES CONCERNING LEITH AND ITS ANTIQUITIES HISTORICAL NOTES CONCERNING LEITH AND ITS ANTIQUITIES CHAPTER I TRADITIONAL ORIGIN The origin of the burgh of Leith, notwithstanding the researches of antiquarians, must be held to be obscure. Tradition ascribes its origin to the Romans, who, it is stated, founded a colony at Edinburgh, and used the port of Leith as a naval station. When Agricola arrived with his Roman legions in Britain he seems to have found the land about the Firth of Forth inhabited by the Maeatse, probably the same Celtic people, also called Picts, whose seat was north of the Forth. South of the Forth were the tribes known as Otadini, Gadeni, Damnonii, Selgovse, Novantse, and others, of whom the Otadini, Gadeni, and Damnonii were certainly British or Cymric. The Otadini occupied the coast from the Tyue to the Firth of Forth, a part of Northumberland and Roxburghshire, the whole of the Merse and Haddingtonshire ; while the Gadeni occupied the land parallel and contiguous to the Otadini — the western parts of Northumberland, Roxburghshire, Selkirk, Tweeddale, and the greater part of the Lothians. Julius Agricola was the first of the Romans VOL. I. — I 2 HISTORICAL NOTES CONCERNING who was able to carry his conquests so far north as Caledonia, or reach the Firth of Forth. Julius Caesar was, of course, the first Roman who attempted to con- quer Britain, about 55 B.C., but he did not remain in the country. The Emperor Claudius also attempted the conquest of the country, an endeavour which was maintained witli considerable vigour until the Romans obtained a firm footing in the southern part of the island. It was reserved, however, for Agricola to penetrate to the northern regions ; and this he did about 81 A.D. There is no doubt as to where Agricola first placed his fences, for Tacitus, in his Life of Agricola, tells us, from a narrative by that commander himself, that " the fourth summer was spent in over- comius: the territories which he had overrun. . . . For the Clota (Clyde) and Bodotria (Forth), carried a long way inland by the tides of the opposite seas, are separated by a narrow isthmus, which was then defended by garrisons, and the whole southern division was retained by removing the enemy as if to another island." The line of forts erected by Agricola on this occasion extended from Kilpatrick to Abercorn. These natural boundaries, the Clyde and Forth, could not fail to be taken advantage of by so intelligent and capable a people as the Romans. They had indeed served as boundaries among the native Celtic tribes themselves before the arrival of the Romans, as recorded by Tacitus, who included in Caledonia all the countries on the north side of the Firths of Forth and Clyde. Bede also says that the Firth of Clyde formed anciently the boundary of the Britons and Picts ; accordingly, when the Scots, at their first coming to Britain, took possession of the Pictish territories on the north side of the Firth of Clyde, this estuary thenceforth became LEITH AND ITS ANTIQUITIES 3 the line of separation between the Britons and Scots. To the eastward the territories of the Britons and Picts continued to be separated, as heretofore, by the Firth of Forth. This district, however, was not long held by the Eomans after its conquest by Agricola, and the Emperor Hadrian was content to build his wall (a.d. 128) between the Tyne and Solway, some eighty miles farther south than the boundary fixed by Agricola. The Eomans, no doubt, would frecjuently invade the country to the north; and the shores of the Firth of Forth must have been the scene of many a bloody battle. At last the district was entirely brought under subjection by Lollius Urbicus. He erected a northern wall (a.d. 138), by order of the Emperor Antoninus. " It was built of turf, but fortified, no doubt, from place to place with castles or stone work. That this wall was seated betwixt Clyde and Forth, where Agricola had first placed his banner, seems clear, as well from several inscriptions of Antoninus and Lollius Urbicus found in these places, as from the expressions of Capitolinus, from whom we have the account of this wall, who tells us that Lollius built it after forcing the barbarous natives to give ground : so that, the frontiers being thus carried back to the firths, the debateable lands betwixt the two walls were anew joined to the Empire." The indomitable courage of the Picts and Scots, however, was not to be overcome, nor were they to be kept at bay by the mere erection of a wall. They invaded the Roman provinces, and conducted predatory incursions into these during a long course of years, so that the Emperor Valen- tinian was obliged, in the year 367 a.d., to send over his general Theodosius to Britain against them. "Theo- 4 HISTORICAL NOTES CONCERNING dosius, coming suddenly upon tliem, put thorn to flight, and havintr recovered the debateable hinds betwixt the two walls, he erected them into a new Roman province by the name of Valentin. Theodosius, to secure this new province for ever to the Empire, fortified again the frontiers, and placed garrisons to defend them against the northern natives. These new fortifications, being at the extremity of Valentia to the north, could be no other than the fences and walls of Agricola and Anto- ninus, repaired again and put in a position of defence." The wall, however, proved as ineffectual as before. Fordun relates that " the wall the Britons constructed across the island, as they had been directed, was not of stone — as they had no artist capable of such a work — but of sods. It was of no use. However, they drew it between the two firths or inlets of the sea, ... to the end that when the protection of the water was wanting, the vallum might serve as a bulwark to defend their borders from the eruptions of the enemy, — of which work there erected — that is, of the vallum — there are most evident remains to he seen to this day." The remains here referred to, however, must surely be those of the wall constructed about the year 426, when the molestations of the Scots and Picts obliged the Britons to send atjain to Rome for assistance. The Romans came about this year, and slew a great multitude of tlie Scots and Picts, driving the rest beyond the borders. Their imperial protectors then declared to the Britons that they could not longer undertake such toilsome expeditions for their defence, and advised them to take uj) arras themselves, and train tlieir people according to military discipline. They also caused a strong stone wall to be built, eight feet broad and twelve feet high. LEITH AND ITS ANTIQUITIES 5 from sea to sea. There was formerly much con- troversy as to whether this wall was the northern line from the Forth and Clyde, or only between Tyne and Carlisle. Some of our older writers accepted the former view, though Bede and the best authorities asserted the latter opinion. That, too, is the view held by subsequent investigators, and is doubtless on the whole the more reliable. The Romans having completed the wall, bade the Britons farewell, and never returned to the country. Their settlement in Britain really had terminated some eighteen years before this time, and they had only undertaken these latter expeditions for the benefit of the natives. The Romans left many traces behind them of their conquests and residence in the island. Whether Leith was then a place of any consequence is nowhere recorded. The probability is that it was but a small suburb of Edinburgh, of which it is the natural port or harbour. The Romans had naval stations with convenient ports or harbours all along the coast of the Forth. With reference to these Sir Robert Sibbald remarks : " The next to this, westwards, is Aberlady (now the port of the burgh of Haddington), which seemeth to have been a station for ships, because it is adjacent to the promontory called Gulon Ness, which some learned men think is Colonia Pro- montornim. Tacitus, in the speech of Galgacus to liis soldiers, mentioneth colonies in this country in Agricola's time. It is said there are some ruines of ancient buildings there, and being situate upon the ascent of a hill, with a fertile and well- watered country before it, it is very probable it was a colony placed there by Agricola, who is commended, as was said, for his choosing well oiyportunitates locorum, 'the fittest 6 HISTORICAL NOTES CONCERNING grounds.' The next station for ships westward seems to have l>een at the mouth of the Esk, where Mussel- Iturgh stands now, which seems to have been a Miinicipium then, and, by the tradition received amongst the people, it was a very ancient burgh. Tliere was certainly a fort upon the rising ground above it, calK'd now Inveresk, where is a stone with an inscription AjioUini Granno, of which I shall treat afterwards. The next to this, four miles westward, was Leitli. where yet there is a convenient harbour for big ships, and the river might have been portable of greater vessels in Agricola's time ; and though they cannot be traced now, some vestiges of building there might have given the rise to the town there, which for that it is the port of Edinburgh the metropolitan city, is now of a great extent." The speculation of Sibbald is a very natural one, and is so far borne out by the fact that " the remains of a Roman way was discovered when one of the piers was being repaired." The existence of a Roman way through Leith is about as amply demonstrated as any can well be in the absence of authentic record. In addition to the remains at the pier already referred to, others of a similar kind were found some time asro in making excavations in Bernard Street. Dr. Moir of ]\Iussel- burgh (Delta), who had made considerable investigations into the Roman way, considei-s that Currie has been, from the similarity of name, too readily assumed as the Curia of the Roman road. He thinks that Inveresk was the C'lria of the Roman province of Valentia, and regarding the word he says : — " From the old harbour of Fisherrow, which is in many people's remembrance and appears to be Roman, LEITH AND ITS ANTIQUITIES 7 there were some years ago evident remains of a Roman road. Another branch, extending from the harbour ■westwards, crossed the Niddrie Burn, near the side of the present Magdalen Bridge, and passed immediately behind the village of Joppa, to the south of Portobello, and thence forward, through the fields of Craigentinny, east of Eestalrig, towards Leith. Maitland, in his history {Hist, of Scot., vol. i. p. 203), informs us that he himself traced this road westwards from Musselburgh, whence it extended to Leith ; ' at which place it passed the Water of Leith, at the foot of the Weigh-house Wynd, where it was discovered when the pier was repaired at the beginning of the last century.' I think that I have myself followed out part of its track, in the vicinity of Joppa ; and I am the more strengthened in this, from learning from ^Ix. Robertson, an intelligent builder there, that about seventy years ago his father contracted with the late Mr. Jamieson, known as the 'Father of Portobello,' to cart thence a thousand loads of boulder-stones for the formation, at the mouth of Duddingston Burn, of a harbour, which has since gone to decay. " ' It is, however, certain,' says Chalmers, 'as remains attest, that a Roman road led from Inveresk to Cramond along the coast of the Forth' ; and what greater evidence, I might add, do we require of the importance of Inveresk as a Roman station than the formation of these various well-attested ways to it, for the purposes of communication by sea and land ? A fragment of the last-mentioned road, where it traverses the parish of Duddingston, was well known under the \TilQ;arised name of the ' Fishwives' Causewav.' It is not more than six years since this was torn up by the North British Railway Company ; and I think there are 8 HISTORICAL NOTES CONCERNING evidences of a much larger portion of it, to the west- ward, having at a previous period been used in the formation of the north wall of the high road between Piershill and Portobello, as through its whole extent, between the farms of Wheatfield and Horn's Mains, this wall will be seen to be composed solely of boulders." There can be little doubt that many evidences have been found in Leith and its neighbourhood of the existence of walls and buildings, as well as of human beings, long before any authentic mention of Leith itself appears. Indeed, in 1841, in digging near the Citadel, Leith, there were found, deep below the surface, two bronze socketed celts or axes with loops, one of which was square-shaped in the neck, measured 3| inches in diameter, and 2 inches across the face. The other, rounded in character, measured 2| inches in length, and 2 inches across the face. The hammer and axes are still preserved in the National Museum of Antiquities at Edinburgh. Also, during the year 1861-G2, whilecertain drainage operations were being carried on at Wellington Place, adjoining Leith Links, there was found at a depth of about ten feet below the surface, in loose sand, above which was a layer of marine shells, a wedge-shaped stone hammer, apparently of greenstone, perforated at the widest extremity to admit the handle. It measured 10 inches in length, and 3 inches in thickness. Whether the finding of this stone hammer and the bronze axes in the places mentioned can be regarded as evidence of the existence of Leith during the Stone and Bronze Ages or not, these implements form in themselves interesting illustrations of the instruments of the periods to which they respectively belong. Had the Leith people proper pride in the antiquity and interest of their birthplace LEITH AND ITS ANTIQUITIES 9 and residence, such remains would liave been collected and preserved in some public institute in the burgh. After the Eoman legions had fairly taken their departure from the island, the Picts and Scots soon learned that the Britons were left without help, and immediately renewed their incursions into the midland and southern parts of the country. The Picts took possession of all the territories that comprised the province of Valentia ; the Scots at the same time en- larging their boundaries in the northern parts of the island. The Picts and Scots then joined together and attacked and subdued the country to the Northum- brian Wall. These intrepid northern marauders so pillaged and oppressed the poor Britons, that they, after applying in vain for assistance to their former friends, the Romans, called to their aid the Saxons from Holstein and the adjoining districts of lower Germany. The Saxons arrived in Britain about the year 428 under the leadership, as is said, of the (doubtless mythical) brothers Hen gist and Horsa. The Britons being now joined by the Saxons, fought with success against the Picts and Scots, and drove them back, recovering a considerable part of their original territory. Nennius tells us that the Saxons forced the Picts to the Firths (Forth and Clyde), and made themselves masters of the most part of the midland country. Hengist, elated with his victories over the Picts and Scots, advised Vortigern, King of the Britons, to invite Octa and Abissa, his son and nephew, from Saxony. They came over with forty vessels (chiulce) crowded with Saxons, under the pretence of fighting against the Scots, and after having sailed about the country of the Picts, and ravaged the Orkneys, they took possession 10 HISTORICAL NOTES CONCERNING of much territory on the south side of the Firths (trans mare Frisicum), that is, betwixt the Britons and the Scots, going as far as the confines of the Picts. Maithmcl says that the country where Octa and Abissa landed was Lothian, on the southern side of the Firth of Forth, in the neighbourhood of tlie Gallic Wall, whither they were invited by Vortigern. In the seventh century it seems to have been occupied by the English, since we are told by Bede that Ecgfrid, King of Northumberland, in the year 605 invaded Pictland, and a battle ensuing, he with the greatest part of his army was cut off. By this means the Picts repossessed themselves of that part of their ancient dominions which composed the northern part of the said kingdom of Northumberland ; and that we may not mistake the country here mentioned, our author tells us that amongst the great number of English who left the country on that melancholy occasion, the Reverend Trumwiu with his people withdrew from the monastery of Ebbercurnig, situate in the country of the English, on the arm of the sea which separates the lands of the English from those of the Picts. This place is now called Abercorn, and stands on the southern side of the Firth of Forth and eastern side of the Curnig Burn, about eight miles to the westward of Edinburgh. To put it beyond dispute that the above - named countries, or part of them, between the walls aforesaid, belonged to the English in the eighth century, anno 734, Bede, in his State of the Northumbrian Church, affirms that there were then in the kingdom of Northumberland four bishoprics, viz., at Eboracum or York, Lindisfarne or Holy Island, Hagustald or Hexham, and Candida Casa or Whit- hern in Galloway, which manifestly shows that the LEITH AND ITS ANTIQUITIES H countries south of the Firths of Forth and Clyde, now belonging to Scotland, were at that time English. This is confirmed by a celebrated historian, who tells us that Candida Casa was situated on the English border, near the confines of Scotland. Ecgfrid himself, during an invasion of the Pictish territories, was killed in battle in 685, and a good part of his army slain by the Picts under the leadership of their king, Brude. After his death the courage of the Saxons waned, and the Picts not only recovered their lost territories to the south of the Firths, but reduced the limits of Alfrid's (Ecgfrid's successor) mon- archy into very narrow bounds. Having thus obtained a firm footing on the south side of the Firths, the Picts invaded English ground, and not only regained possession of what had been lost, but acquired con- siderable new territory. In a.d. 710 they had advanced as far as Hefield or Carnhome, near the Northumbrian Wall, where they fought a great battle with the Saxons. During the remainder of the eighth century the Pictish kings were often on the south side of the Firths, and were frequently engaged in war. The Picts, indeed, were so powerful at this period that in A.D. 773, Eadbert, and a.d. 794, Osulf, two of the Northumbrian kings, found refuge among them. The English, indeed, had rather a hard time of it during their wars both with the Scots and the Picts. They had not only been driven out, as we have seen, from Scottish territory, but the Picts had actually invaded English ground. At the time of the union of the Scots and Picts, about the middle of the ninth century, the Picts were in possession of all the midland terri- tories, from Tweed to the Scottish Sea or Firths of 12 HISTORICAL NOTES CONCERNING Forth and Clyde. The union so-called, though more profDerly conquest by the Scots of the Picts, was only accomplished after many bloody battles between these brave but benighted peoples. The Scots laid claim to the Pictish crown for their king as an hereditary right, but the Picts set up Wred, of Pictish blood, and a war ensuing, King Alpin of the Scots was taken prisoner and put to death by the Picts. His son Kenneth, however, renewed the war, and so inspired the Scots that he defeated the Picts several times, and, subduing them entirely, he united the territories of the Scots and Picts into one kingdom. This kingdom extended from Orkney to Tweed and Galloway, and Kennetli became, by right of succession as well as by conquest, the first lawful sovereign or monarch of all Albany or Scotland. There is "no more difficult question than to ascer- tain the nature and true character of that revolution which placed a Scottish race in possession of the kingdom of Scone" (Skene's Celtic Scot, i. p. 314), but there seems to be no doubt that the union of the kingdoms of the Picts and Scots was effected about the middle of the ninth century. Kenneth Macalpine was the hereditary King of the Scots, and he likewise had a good title to the kingdom of the Picts, as coming by right of descent from his father, Alpin, son of Eocha or Achaius. Alpin laid claim to the Pictish crown as next heir, after the death of King Eogan, son of Hungus, whose daughter, Fergusia, being married to Achaius, King of the Scots, conveyed to her son, Alpin, the right to the Pictish crown, one preferable to that of any other pretender, this being subsequent to the death of his uncle, Eogan. Our kings thereafter are lineally descended from him, and in consequence are lawful descendants of the Pictish as well as the Scottish kinsfs. LEITH AND ITS ANTIQUITIES 13 The Scots seem to have retained their territories till the unfortunate war in 934 with Aethelstau, King of EngLind, who defeated Constantine, King of Alban, at the battle of Brunnanburg, and destroyed almost his whole army. On Aethelstan's death, Edmund, his successor, in 945, restored portions of country south of the Forth to Malcolm I. for assistance rendered against the Danes by sea and land, on con- dition that he should co-operate with him on both sea and land. The country of the Lothians was probably restored to the Scots during the time of Indulfus, when the town of Dunediu, or Edinburgh, was also given up. " In hujus tempore oppidum Eden vacuatum est ac relictum est Scottis usque in hodiernum diem " {Pict. Chron.). " In this Chronicle ' oppidum ' is the usual rendering of the Gaelic Dun" (Skene, i. p. 365). As part of Northumbria, the district of Lothian was held under the King of England, and the Saxon Chronicle for the year 1031 states that "King Cnute went to Eome, and as soon as he came home he went to Scotland, and the Scots King Malcolm submitted to him and became his man." Malcolm made frequent attacks upon Northumbria, and ultimately King William the Conqueror marched in 1072 with his army through the Lothians and Stirlingshire, penetrating into the country by the ford over the Forth. We are then told that ' ' King Malcolm came and made peace with King William, and gave hostages, and became his man." In 1067 Edgar the Saxon, with his mother and two sisters, Margaret and Christina, and many others, fled to Scotland, seeking protection from William the Con- queror. In the year following Malcolm married the Princess Margaret, thereby combining the Scots and the Saxon lineao-es. After the death of William the 14 HISTORICAL NOTES CONCERNING Conqueror, ]\Ialcolm again invaded Northumbria in the year 1091, but was slain near the River Alne by Morel of Bamborough. In some charters to the monastery of Coldiugham, which are still preserved in Durham Cathedral, King Edgar, Malcolm's son, terms himself King of the Scots (Rex Scotorum), and addresses these writs to the Scots and Angles (Scottis et Auglis), thus class- ing his subjects under two heads. At his death he appointed his brother Alexander King of the Scots, and placed the country south of the Lothians under his remaining brother David (afterwards David the First) to be held of the King of England. On the death of Alexander, David succeeded as King of Scot- land and Prince of the subjects south of the Forth, thereby uniting Scotland as far as the Tweed. By this time Edinburgh was one of the most important towns in Scotland, and, although mention is not made of Leith in actual writing, there can be no doubt from its situation that it must have existed as a shipping port of considerable importance. It is only during the twelfth century that the first notice of Leith occurs in the Register of Charters of the Abbey of Holyrood. Prior to this period the Scottish writings now extant are extremely few in number. In fact, there are only the Life of Saint Adamnan of the eighth century, the Book of Deir of the ninth, the Pictish Chronicle of the tenth, and some six Charters of Duncan and Edgar of the end of the eleventh century. None of the Scottish monkish chronicles date earlier than the twelfth century. The difficulty of ascertaining any facts relating to the early history of Leith will therefore be easily understood. LEITH AND ITS ANTIQUITIES 15 CHAPTEE II AUTHENTIC ORIGIN The first really reliable mention of Leith occurs in the foundation charter of the Abbey of Holyrood House, granted by King David I. in 1128. Certain grants are therein made to the Church of the Holy Cross at Edin- burgh, and among; these Leith is mentioned in the following terms : — "Together with the town of Brouo-hton and its respective divisions, the lands of Inverleith in the neighbourhood of the harbour, with the said harbour, half of the fishings and tithes of the several fisheries belonging to the Church of St. Cuthbert." The place at that date does not seem to have been of great importance, for it will be observed that it is designated the lands of Inverleith, whereas Broughton is described as the town of Broughton. The lands of Inverleith are believed to have been the property of an ancient family of the name of Leith, the Leiths of Leithhall, to whom belonged the lands of Eestalrig and other properties in the county of IVIidlothian. The term "Inver" is presumably of Gaelic origin, and used to describe the mouth of a river, loch, arm of 16 HISTORICAL NOTES CONCERNING the sea, or other piece of water. There are numerous illustrations of its use in this sense in the names of Scottish towns and villages. What the origin of the name Leith may ])e has never been decisively ascertained. Possil)ly it took its name from the family of Leith before referred to, though it is more probable that the ffimily took its name, according to ancient custom, from the town. The " Inver," if really applied to the town of Leith, seems to have been dropped in very early times. In 1214 Thomas de Kestalric or Restalrig made a grant of some tenements which he describes as southward of the High Street between Edinburgh and Leith. It is stated that the first houses erected in Leith were built in the twelfth century on land bounded on the south by the Tolbooth AVynd, on the west by the shore or quay, and on the east by the Rotten Row, now called Water Lane. As early as 1264 we find in the Exchequer Rolls of Scotland a recorded instance of the commercial activity of Leith in trading with Inverness, in these terms : " Item, for carriage of 548 cattle to Leith by ship, vij li. xiij s.," which shows that the import of cattle was a feature in the trade of that time. We may further quote from the same record a like entry of the same date : " Item, for carriage of the same by ship to Leith, with drovers' expenses and transit to the sea, cvij s. iij d." In Bain's Calendar of Documents relating to Scotland (vol. ii. p. 15), under date 1275, there appear among the King of Scotland's petitions four applications regarding lands in England, and then follows : — "Fifth. Regarding the 100 s. daily which the I LEITH AND ITS ANTIQUITIES 17 King of Scotland is wont to have on all his visits to the King of England's Court, and stay there. He does not come at the King's mandate, hut to do his devoir to the King." In the above petitions the King of Scotland seeks, with his justice, grace, and favour. He also asks for his men — "First. That Alexander de Ergadia's vessel, cap- tured with goods at Bristol to the value of 160 marks, be released. Granted, as it seems right. " Second. For a burgess of Lethe in Scotland poinded in ' Le HuUe ' for Sir John Cumyn, by John de St. Nicholas and Robert de Mikelgate, burgesses of York; who lost thereby £100 sterling. Let him be delivered as seems just." And again at p. 255, under date July 24, 1298, Memorandum : — " That Sir Walter de Huntercombe, keeper of Edinburgh Castle, received on this day at the port of Leith near Edinburgh, 100 cjrs. wheat, London measure; and 10 casks of wine; likewise 10 casks of salt ; further, in same port on Tuesday next after the Assumption of the Virgin, 45 qrs. wheat sent from the King's stock at Berwick; further, 21 qrs. wheat and 30 qrs. oats bought from William de Stonham, merchant of Lincoln, and 20 qrs. malt bought from John Ede, merchant of Ditton ; and from the clerk of the kitchen 40 oxen [summation muti- lated]. Further, on said 19th day of August, Richard de Wardington, clerk, delivered to Sir Walter a great dish and a pitcher for the King's alms, to place in deposit." {Excheq. Q.R. Miscel. {Army), No. |§ m. 10.) In this volume there is also given a reproduc- tion of a seal believed to be the seal of Leith about VOL. I. — 2 18 HISTORICAL NOTES CONGERNIXG the same time, but which, when discovered, was found to have the initial letter L broken, and not to bear any date. The seal is thus shown : — It will be ob- sists of a vessel furled mi the sea, S — ethe — which style of seal which later times. Calendar of State ing to Scotland 54) it appears that served that it con- with one-mast sails fish swimming ; is very much the Leith adopted in From the said Documents relat- (vol. iii. ]). 59, fol. the great customs at the port of Leith for the year 1311-12 amounted to £25, 13s. 2d. Scots. It was then, as it is still, the most important shipping town on the east coast of Scotland. Grain was then likewise, as it is now, one of the staple imports, as appears from the following entry in the Calendar : — "Feb. 7, April 3, 1312-13.— Paid to two merchants of Ravenesere for wheat, malt, barley meal, canvas sacks, &c., bought from them in the port of Leith in A2:)ril of the 5 th year, for the munition of Edinburgh Castle, £30, 18s. 8d." The Castle of Edinburgh, which was about this time in possession of the English under the com- mand of Piers Leland, a Gascon knight, was sur- prised and captured by Randolph, nephew of King Robert Bruce, in this year (1313). The English garrison at Leith thereupon set fire to the ships in the harbour of Leith, and sailed away, leaving them burning. An important industry which flourished a])out this period of the same century (1300) was the manufac- ture of a special kind of battle-axe, known as the \ LEITH AND ITS ANTIQUITIES 19 " clouble-axe of Leitli." It is believed to have been used at the battle of Bannockburn. John Major in his history says : " Lances once broken, the fight- ing is taken up with the double-axes of Leith, the axes of Lochaber, than which is none more strong to cleave, the iron-knobbed staves of Jedburgh, and the two-edged axe and bill-hook. The smiths of Jedburgh fasten a piece of tempered iron four feet long to the end of a stout staff. The double-axe of Leith is very much the same as the French halberd, yet it is a little longer, and on the whole a more convenient weapon. The smiths put a piece of iron formed hook-wise at the end of a stout staff — this serves as a bill-hook or axe ; this most serviceable weapon is in use among the English yeomen." (John Major's " Greater Britain," Scottish History Society Trans. 1892, p. 240.) In Bain's Calendar of State Documents (p. 142) the following entry appears, relative to the invasion of Scotland by Edward II., under date Aug. 23, 1322 : " Schedules of payments made to the men-at-arms by Wygetone at Lethe on 23rd August in the 16th year, in money and wheat flour. The names of the leaders and the shires from which the men came are given. {Excheq. Q.R. Miscel. {Army), No. ^f.)" Every shire in England, except Northumberland, Cumberland, West- moreland, Lancaster, and Durham, are represented, as well as the towns of London, Cambridge, Rochester, Salisbury, Exeter, Oxford, and Buckingham. The entire number of foot-soldiers is given as 6783, and their pay for that day was £90, Os. lOd. No mention is made of cavalry. The King of Scotland had caused all the cattle of the Merse and Lothians to be driven into the interior, while he himself retired beyond the Forth to Culross. 20 UlSTORICAL NOTES CONCERNING Famine, therefore, speedily compelled the invaders to retreat. In 1327 the following entry appears in the Exchequer Rolls regarding the transit of goods from Dundee : " And for freight by the said ship carrying victuals to Leith, xxvj s. and viij d. And for various other carriages — garderobe, v s. x d." And in the following year (1328) there is an entry for the carriage of victuals from Dundee to Leith for the King, which would almost imply that King Robert was then residing there. Subsequently the following entries appear : " And to the said Reginald by receipt of Gilbert of Leith, his attorney, by five pairs (sets?) of letters forthcoming, by receipt of the said Gilbert as above calculated, cccxxxij li. vj s. ij d., for which the said Reginald shall be responsible." " And in wages of a ship carrying goods {vasa) from Clackmannan to Leith, iiij s." And a third: "And for freight of the said ship with royal victual to Leith, v s. And for other expenses and carriages, ij s." in 1321. At the time of the Earl of Carrick's marriage to the Duke of Somerset's daughter (1329), after the close of the wedding festivities, Simon of Salton remained behind at Berwick to look after the unconsumed remains of the provisions. With the aid of a cooper he had six tuns of wine and a large supply of victuals conveyed from the castle to the shore, and sent by water to Stirling, Clackmannan, and Leith. {Excheq. Rolls, vol. i. p. cvii., 217.) By a charter granted by Robert the Bruce, dated 28th May 1329, the city of Edinburgh obtained a grant of the mills and others their pertinents of Leith port. {Appx. 1.) The charter, however, did not confer any 1 LEITH AND ITS ANTIQUITIES 21 right to the banks of the harbour or "Water of Leith, and Sir Robert Logan of Restalrig, who was then pro- prietor of the adjoining lands, challenged the right of parties to use these banks. The result of the disputes between him and the city was that the latter was obliged, in the year 1398, to purchase from him the said banks or waste pieces of ground extending from the walls of the houses to the river, to be converted into wharfs or quays for the convenience of shipping and landing of merchandise. In addition it conveyed a right to make roads or ways through the lands of Eestalrig for the carrying of goods to and from the port of Leith, together with a power of keeping shops for the sale of bread, wine, wax, silk, and other mercantile commodities, and, further, a liberty to erect granaries for the conserva- tion of corn within the town of Leith. This charter was dated at Edinburgh, 31st May 1398, and was registered as a probative writ in the books of Council and Session on 10th Dec. 1731. See Appx. 2. Taking advantage of the indefiniteness of the phraseology, " with a right to make roads or ways through the lands of Restalrigf," Lofi-an endeavoured to restrict the city in that respect to the narrow lane or close called Burgess Close, which is stated to have been only ten feet in width. The city, however, would not tolerate this restriction, and the Town Council instituted a process against him to obtain a free com- munication -nath the shipping in respect that their town was a royal burgh. In this action they were successful, and compelled Sir Robert to give them proper and sufficient access to the port. In Bain's Calendar of Documents there appears in 1335-36 an account of John of Wigo-ermere and "William of Fairleye, collectors of the new customs for Edin- 22 HISTORICAL NOTES CONCERNING burgh — a return of the customs of the port of Leith for the year from the 18th day of October to the Feast of Saint Michael, showing the amount to be £27, 6s. Id. (vol. iii. p. 34 G). In 1335 Edward III., having again invaded Scot- land, was in Edinburgh from the 10th to the 18th September, when he gave orders for the rebuilding of Edinburgh Castle. Accordingly, in the accounts of Sir John Stirling, keeper of Edinburgh Castle, for that year, there are various entries of the expense of Eastland timber brought from the port of Leith to the works in Edinburgh Castle, masons', carpenters', and plasterers' wages, etc. Among these, under date February and March 1335, there is the expense of eighteen boats retained at Leith for the garrison there. In May 1336 Sir John Stirling, who had gathered together a fleet of thirty-two vessels, with 224 mariners, suddenly crossed from Leith with the whole of the Edinburgh garrison {tota societate sua), and relieved Cupar Castle, which was being besieged by Sir Andrew ^lurray. The castle w\as then under the charge of William Bullock, an ecclesiastic, who defended it vigorously. Sir John Stirling's expedition of relief was a marvel of promptitude and celerity in those days, as he accomplished the relief and return to Leith in four days. In that year John of Lcstalrik's rent is stated in the accounts at £l, Is. 7d. On 18th September 1335 the King grants a protection for a year to Walter C. Smale, parson of the church of Lye [Leith], Edinburgh. (Pater. 19, edit. iii. p. 2, m. 20.) In 1341 Edinburgh Castle was recovered from the English by a clever stratagem, planned by William Bullock, the ecclesiastic who had defended the Castle LEITH AND ITS ANTIQUITIES 23 of Cupar. Walter Curry, a merchant of Dundee, received into his ship, which was lying at anchor in Leith Roads, two hundred Scots, under the command of William of Douglas, the Knight of Liddesdale, William Frazer, and Joachim of Kinbak. Curry presented himself to the governor of the castle as master of an English vessel, just arrived with a valuable cargo of wines and provisions on board, which he offered to dispose of for the use of the garrison. The supposed provisions appeared at the castle, according to appointment, early on the following morning, escorted by a dozen armed followers disguised as sailors. The drawbridge was accordingly lowered, and on entering the castle the pretended sailors contrived to place their waggons, casks, and hampers so that it was impossible to let down the portcullis, and instantly slew the porter and guard. At an appointed signal, Douglas and his men sprang from their concealment in the immediate neighbourhood, and, after a conflict, overpowered the garrison, and took possession of the castle in the name of David II. In Bain's Calendar (vol. iii. p. 264) the following entry appears, nnder date Jan. 31, 1345-46: "The King commands Thomas, bishop of Durham, to cause immediate amends and restitution to be made by the men of Hertilpole to Walter Sumbbel, burgess of Lescluse, whose vessel, laden with Scotch wool, ' coket- ted' at Edinburgh and freighted at the port of Leit (Leith), had been captured at sea, the crew killed, and the cargo discharged in Hertilpole ; as the burgo- masters, echevins, and consuls of Bruges have written threatening reprisals. Leicester. (CZose, 20, Ed w. III. p. 1, m. 25, dorso.) In the Exchequer Rolls (vol. ii.) there is an entry 24 HISTORICAL NOTES CONCERNING in the year 13G4 fur the expense of the carriage of hemp to Leith for the military engines at Stirling, as also for the cost of the hire of a house at Leith in which to deposit provisions. In 1365 it appears from the same source that there was one barrel of beer paid for, to be used by the King. In 1366 the contribu- tions paid to the chamberlain are stated to be, for Nortli Leith, £3, 14s., and of South Leith, .£3, 19s. In 1368 tliere are certain minute expenses incurred at Leith for carriage to the castle at Edinburgh ; and in 1369 the house of Simon Reed at Leith is hired for the deposit of provisions for two years. In 1370 the contribution of the " burgh " of North Leith is stated to be £2, 3s. 4d., and for the burgh of South Leith, £2, 14s. 6d., and in 1373, £2, Os. 8d. and £2, 14s. 3d. respectively. Robert II. had, according to the fashion of the age, prepared his tombstone in his life- time, and in 1379 a charge appears for the carriage of stones for the tomb of King Robert II. from the mona- stery of Sanctaj Crucis (Holyrood) to the port of Leith, and thence by water to the city of Perth. In the same year another payment appears to Andrew the painter for decorating the monument, and for the carriage of the tomb of the father and mother of the King, and also for the carriage of the tomb of Robert II. him- self from England to the port of Leith and thence to Edinburgh. A very good idea can be formed of the nature and extent of the trade carried on at the port of Leith from the customs paid on goods at the port. The accounts appear in the Exchequer Rolls, and these were rendered to the King, and audited for him at the place in wdiich he happened to be resident for the time. As, owing to the troublous times, he was constantly moving about I LEITH AND ITS ANTIQUITIES 25 from place to place, the accounts appear as dating from these different places. In the Exchequer Rolls (vol. iii.) the following entries appear: — " Edinhitrgh, 7th March ISSO.— Charge. Custom of 19 sacks, 8 st. wool (£25, 15s. 7d.), 360 woolfells (£2, 6s. 8d.), and 17 lasts (a dozen), 4 dacres, 5 hides (£45, 18s. 8d.), in 5 boats sent to ports of Leith and Blaknes; £74, Os. lid. " Ferth, 3nl March 1381. — CJiarge. Custom of 129 lasts, 9 sacks, 22^ st. wool (£1999, 18s. S^d.), 26,366 woolfells (£175, 13s. ll^d.), and 89 lasts, 3 hides (£237, 7s. 6d.), in 20 ships at port of Leith; £2412, 19s. 9d. "Perth, lOth Feb. 1382.— Charge. Custom of 135 lasts, 5 sacks, 15^ st. wool (£1807, 10s. 8d.), and 21,856 woolfells (£145, 13s. Id.), in 15 ships, and 63 lasts, 18 dacres, 5 hides (£170, 9s. 4d.), in 23 ships, at port of Leith; £2123, 13s. Id. "Stirling, IMh March 1384. — Charge. Custom of 7 score and 17 lasts, 9 sacks, 8 st. wool, in 20 ships and 4 boats at port of Leith, sack at 2 marks (£2105, 15s. 7d.), 5 lasts, 8 sacks, 14^ st. wool of Melrose at Leith in 4 ships (£58, 12s. Id.), at 20s. per sack. "Ferth, 27th March 1386. — Charge. Custom of 48 lasts, 8 sacks, 18^ st. wool, in 10 ships at port of Leith (£651, 13s. lid.), and 13,512 woolfells (£90, Is. 4d.), and 45 lasts, 10 dacres, 9 hides (£121, 9s. Id.), in said ships and 3 boats; £863, 4s. 4d. "Edinburgh, I7th May 13S7.— Charge. Custom of 169 lasts, 7 sacks, 7^ st. wool, in 25 ships at port of Leith (£2263, Is. 8d.), 3 lasts, 7 sacks, 6^ st. wool of Melrose at Leith, sack at 20s. (£37, 5s. 5d.), 27,058 26 HISTORICAL NOTES CONCERNING woolfells (£180, Cs. 5d.), aud 103 lasts, 12 dacres hides (£276, 5s. 4id.) in said ships ; £2756, 18s. lO^d. " Stirling, 10th June 1388. — Cliarge. Custom of 118 lasts, 5 sacks, 6^ st. wool, at Leith in 15 ships (£1580, 7s. 3d.), of 2 lasts, 5 sacks, 20^ st. at 20s. the sack, iu 3 of said ships (£25, 17s. id.), of 4 lasts, 4 sacks, 3-^ St. of wool of England at ^ a mark, iu 5 of said ships (£14, 14s. 3^d.), of 22,276 woolfells (£148, 8s. 7|d.), and 59 lasts, 4 hides (£l57, 7s. 9d.), in 14 of said ships; £1926, 15s. " Stirling, I8th Feb. 1388.— Charge. Custom of 502 lasts, 2 sacks, 16 st. wool of Scotland, in 15 ships at port of Leith (£1363, lis. l^d.), 5 lasts, 2 sacks, 21 St. wool of Melrose at 20s., iu 7 of said ships (£52, 17s. 6d.), 1 last, 6 sacks, i st. wool of England at ^ a mark, in 3 of said ships (£5, 6s. 9^d.), 9100, 5 score and 9 woolfells (£61, 5s. 5^d.), in 13 of said ships, and 24 lasts, 3 dacres, 3 hides (£64, 8s. lOd.), in 14 of said ships; £1547, 9s. S^d. " Perth, 5th Feb. 1389.— Custom of 82 lasts, 8 sacks, 19.^ St. wool of Scotland, in 14 ships at port of Leith (£1105, Is. ll^d.), 4 lasts, 3 sacks, 13 st. wool of Melrose, sack at 20s. (£43, 10s. lOd.), 3 lasts, 4 sacks, 3 St. wool of England, sack at :^ a mark." In the same volume, on 10th February 1382, there is an entry of £2, 10s. paid for houses, accommodatiou, for pensions for the King's servants; and in 1383 a sum of £32 for malt, bought for the use of Her Majesty the Queen from English merchants in the port of Leith, by special order of the King. About the year 1390 Henry IV. of England renewed the oft-contested claim of superiority over Scotland. In pursuance of this, he wrote letters to the Scottish King, and to the nobles and prelates of Scotland, I LEITH AND ITS ANTIQUITIES 27 requiring them to meet him at Edinburgh by the 23rd of August, in order to pay the homage due to him as their superior and direct lord. With a well-ordered and numerous army (which the Duke of Albany, who governed in Scotland at the time, had his own reasons for letting pass unopposed) King Henry crossed the borders and reached Edinburgh before the day he had appointed. This appears from a letter written by him to the Kino; of Scots, dated at Leith the 21st of August 1400. The Duke sent the King a challenge to meet him where he pleased, with one hundred nobles on each side, to settle the claim of superiority. The King, how- ever, only marched from Leith with his army (which was a much more numerous one than Scotland could raise) to Edinburgh, and laid siege to the castle. What with cold and rain, the dearth of provisions, and internal causes of dissolution, he was obliged to raise the siege and retreat across the border, " with the most bloodless and inoffensive army that ever entered Scotland, having apparently satisfied himself that conquest there was a vain dream." In connection with this expedition the following entry appears in Bain's Calendar (vol. iv. p. 116) : — "Sept. 1400. — Delivery of flour and wine at Leith in Scotland during the King's late expedition there. " A long list with the names of the nobles, knights, and other leaders, and number of their men, with the amount received by each, e.g. ' Mousire le Prince ' with 124 ' persones,' receives '1 pipe, 1 qr. of flour, 1 tonel half a pipe of wine.' Thomas Beauford, Thomas Swynford, chivalers, and 2 others, with 100 persons, receive 1 pipe of flour, 1 tonel of wine." {Excheq. Q.R. Miscel. {Army), No. ^f.) James, King Robert IL's only remaining son, a youth 28 HISTORICAL NOTES CONCERNING of fourteen years of age, haviug been partially educated under Bishop Wardlaw of St. Andrews, it was now thought advisable to send him to the old ally of Scot- laud, the King of France, to have his education completed there. Accordingly, in ]\Iarch 1405, the young Prince went on board ship at Leith with a suitable number of attendants, and sailed for France. While oflf Flam- borough Head the ship was seized by the English, and the Prince taken and kept a prisoner by Henry at Windsor Castle, in violation of the treaty of truce which then subsisted between England and Scotland. The port having got rid of the hostile English army, settled down to its daily routine. Its trade was unquestionably increasing {see Aj^px. 3, Customs, 1390 to 1436), and the want of accommodation for receiv- ing goods as well as for storing them till removed, with convenient passages for doing so, was greatly felt. Accordingly, application was again made to the then lord of the manor; and in 1413 Sir Robert Logan of Restalrig made a grant to the community of Edinburgh of a piece of ground in Leith between the gate of John of Peteudrech on the one part, and the wall then newly built on the bank of the Water of Leith on the other part, for goods and merchandise to be placed on the laud, and to be carried to and from the sea, so that nothing should be built or constructed on the laud in future. This grant is dated 27th February 1413-14. See Appx. 4. James L, who had been detained as a prisoner in England for nineteen years, was at last liberated by the King of England on condition of £40,000 being paid by half-yearly instalments within six years from his release. It was also stipulated that the King should LEITH AND ITS ANTIQUITIES 29 contract a marriage with some high-born English lady, in which event 10,000 marks of the ransom would be passed from as dowTj. It was rather remarkable that the lady who suited the political policy of the time was Joan of Beaufort, the daughter of John, Earl of Somerset, Ijrother of Henry IV., to whom James, when a prisoner in Windsor Castle, had formed a romantic attachment, which he himself narrates in the "Kingis Quhair." The wedding was celebrated with great splendour in March 1423-24, and the hostages, with a stately train in attendance, havino; as arranged g;one as far as Durham, King James and his Queen were conducted from thence with great pomp into his own dominions. Stevenson in his Annals states that James I. and his Queen landed at Leith on 5th April ; and Dr. Eobertson, presumably on that authority, repeats the statement, but makes 20th March the date of their landing. There does not seem to be any contemporary account of such a landing, nor any authority, so far as can be discovered, for the statement. The party were con- ducted, as already stated, as far as Durham by the English attendants, and the King and Queen entered Scotland by land at Berwick-on-Tweed. They may have sailed from there to Leith, as traffic was conducted between these ports ; but if so, some account would have been given of the landing, and it must therefore be presumed that they finished their journey by land. The harbour of Leith, of course, rec[uired to be repaired from time to time, and, Edinburgh apparently having no funds available for that purpose, in 1428 King James granted a charter under his great seal, whereby, with consent of the burgesses and merchants of Edinburgh, he ordained that, in augmen- 30 HISTORICAL NOTES CONCERNING tation of " the fabrik and reparation of the port or herberie of Leith," there should be uplifted certain taxes or tolls of all ships and boats entering the port. The tax to be exacted for goods to " unfreemen and strangers " was to be higher than that to be gathered from freemen of the " Kingis burrowes." The charter is dated 31st December 1428. See Api^x. 5. LEITH AND ITS ANTIQUITIES 31 CHAPTER III ST. Anthony's chapel Sir Robert Logan, though a grasping tyrant, was somewhat solicitous about his spiritual welfare. Anxious, no doubt, to propitiate the powers that were in the Church, Sir Robert, about the year 1430, erected the monastery of St. Anthony in Leith. The building was situated near where the parish church of South Leith now is, on the west side of the lane known as St. Anthony's Wynd, to which, no doubt, the monastery gave the name. This was, so far as is kno^-n, the only monastery in connection with the Canons of St. Anthony established in Scotland. The foundation of the monastery was confirmed by Henry "Wardlaw, bishop of St. Andrews, in the same year. The Hospital seems also to have received encourao-e- ment from the people in Leith. On 27th February 1444 Sir Michael Gray, as master of the Hospital, granted an obligation in favourofWdliamClunes of Leith, and. Janet, his wife, and their bairns, whereby, in consideration that they had freely given to God and St. Anthony their tenement with the pertinents lying in the town of Leith, the preceptor obliges himself and his successors to say masses for the souls of the givers, and to receive them into the Hospital, "gif it likis to the saide Wilyam or Jonet bath or ane to cum and tak sic liffing 32 HISTORICAL NOTES CONCERNING iu our hospital as our brethir dois," for their lifetime on the terms and conditions mentioned. See Ai^px. 6. The friars and members of the order do not seem to have been a very happy famil}', as appears from a charter by Humbertus, the head of the order in 1446, which is referred to by John Spotiswood in his Account of the Religious Houses in Scotland. Certain cliurches were annexed to the monastery, one of which, the church of Lyston, was also claimed by the chapter of St. Andrews. The conflict for the church was ended by Sir Michael Gray, preceptor of the Hospital St. Anthony, procurator "specially deputed by a venerable father, the Lord Abbot of Vienne," executing a writ renouncing the union and annexation of the parish church of Lyston in f;ivour of the chapter of St. Andrews. The date of this deed is 18th March 1445. See Appx. 7. The year following, James Kennedy, bishop of St. Andrews, confirmed to the Hospital the parish church of Hailes, in the county of Haddiui^jton, which had belong-ed to the monks of Holyrood. In 1448 Sir William Crichton, chancellor of Scot- land, with consent of James of Crichton, laird of Frendrach, his son, granted a charter in favour of the preceptory of St. Anthonis of his lands lying in the town of Leith on the east side of the water thereof, in the barony of Restalrig, within the sheriff- dom of Edinljurgh, between the laud of the deceased John of Petyndrech on the east part on the one side and the common highway on the west part on the other side, also between the land of Sir John of Wyuton, rector of Pennycuik, on the south side and what is called the common shore on the north side, on pay- ment of eleven raerks yearly, with a sufticient chamber LEITH AND ITS ANTIQUITIES 33 within the territory and mansion of St. Anthonis for the support of a chaplain to celebrate daily for ever at the altar of 8t. Mary the Virgin on the north side of the church of St. Anthony for the health of King James and the souls' weal of the said chancellor and his spouse. This charter is dated IGth May 1448, and was confirmed under the great seal of Kinar James on 29 th September 1451. See A])px. 8. In 1458 a chaplaincy was also founded in connec- tion with the Hospital by Thomas Turing of Edin- burgh, for the support of which he granted lands at Leith to the value of ten pounds yearly. This grant was also confirmed by James IV. on 17th January 1488-89. See Appx. 9. In 1470 a charter of confirmation under the great seal of the King was granted of a charter made by Sir Michael Gray, preceptor of the Hospital, in favour of Thomas Lindesay of Leith, of a certain land with the pertinents in the town of Leith, on the south side of the water thereof, in the barony of Restalrig, within the sheriffdom of Edinburgh. This charter is dated at Edinburgh, 15th March 1470, and shows that the Hospital was superior of lands, and that its preceptor, Michael Gray, had from the importance of his benefice assumed the title of " Sir." See Appx. 10. Another charter was granted by Elizabeth Lauder, daughter of umquhile George Lauder, in favour of the master and convent of St. Anthony, of an annual rent of four shillings (Scots) yearly, from land lying in Edinburgh. The charter is dated 15th December 1491, is sealed with the granter's seal, and, in token of infeftment having been taken, is sealed also with the seal of the bailie. On 9th February 1492 William of Myrton was VOL. I. — 3 34 HISTORICAL NOTES CONCERNING appointed preceptor of St. Anthony's by Anthony de Rupemora, alibot of the monastery of St. Anthony in the diocese of Vienne, and constituted procurator-general for managing the preceptory and in gathering of the revenues of the Hospital The apparel which the brethren of the order were to wear, as well as the ceremonies to be performed, were very specifically set forth in a code of regulations still preserved. See Appx. 11. The mastership of St. Anthony's next passed into the hands of Sir Henr}^ Sibbald. In his time Sir John Logan of Restalrig let to the preceptory the tenement that had belonged to William Murchosoun, and Agnes White, his second spouse. Sir .John's charter is dated T9th January 1496. See Airpx. 12. Sir Alexander Craufurd was appointed pre- ceptor in the year 1510, and in the same year an agreement drawn up " in the vulgar tongue " was entered into l^etween him and an honest man, John Bertoun, senior, residing in Leith, whereby Bertoun resigned " his four marks of annuale rent quhilk he haldis of the land of Saint Anthonis to be takine of Johnne Dekesson's hous liunde aft in the toune of Leith." For this resignation the preceptor was to infeft Bertoun and his heirs in a rent of fourteen shillings, to be taken out of another tenement of land lying in Leith. The agreement is dated 13th May 1510, and is attested by Jasper Maync, cleric, notary public in the diocese of St. Andrews. See Appx. 13. On 30th July 1513 Pope Leo X. issued a Bull in which he confirms Ricliard, or rather Sir Richard Thomson, canon of St. Anthony, in the ofhce of "sacristan" of the Hospital to which he had been appointed by the preceptor and brethren, and in an annual pension of LEITH AND ITS ANTIQUITIES 3o about £9 sterling for his discbarge of the duties of that office. He is to have paid to him or his attorney at the half-yearly terms of Whitsunday and Martinmas one half of this sum, which is to be deducted from the yearly revenues of the preceptory, and he is to have the use of a chamber and the garden contained within the precincts of the monastery. In the event of his salary not being paid within thirty days after it became due, the Pope pronounces sentence of excom- munication on the preceptor and convent, who are not to be loosed therefrom till the debt is diseharo;ed. If six months elapsed without the debt being paid, the preceptor is to be deprived of his office and the preceptory dissolved. Finally, the Pope insists that if the commands of the Holy See are not fully obeyed, the prior and chapter should be wholly debarred fi'om indulgences, no man having power to grant them absolution. About this time Sir Alexander Craufurd writes in a very suppliant tone to the abbot of Vienne. See Appx. 14. Sir Eichard Thomson, the canon before mentioned, was promoted to be the master of the Hospital in succes- sion to Sir Alexander Craufurd. In this character he gives sasiue propnis manihiis to John Innes and Margaret Lundie, his spouse, of an annual rent of four merks (Scots), to be uplifted yearly out of the tenement of Laurence Bertraham, lying in Leith. The sasine is dated 5th December 1519, Sir James Dun- canson, canon of the place, being one of the witnesses, and John Thomson the notary. The deed is sealed with St. Anthony's seal. See Appx. 15. Sir Eichard Thomson also gives sasine to Eliza- beth Lawson, daughter and heir of umquhile John Lawson, of ane land fallen and ruinous, belonsing of 36 HISTORICAL NOTES CONCERNIKG old to Joliu Lawson and ]\Iargaret Cockbiuu, his spouse, lying in the town of Leith, on the south side of the water thereof. This is dated 14th Novemljer 1523, and John Thomson is the notary. There is in existence an instrument of resignation by John Mathieson in the hands of the preceptor of St. Anthonis ad perpetuam remanendam of an annual rent of ten shillings (Scots), to be uplifted out of lauds in Leith. The date is torn ofi' this deed, but John Jackson is the notary, and there is a seal appended. The friars of the monastery were entitled to a Scottish quart of wine out of every tun received into the port of Leith. They accordingly kept a jealous eye on the import of this article into the town, and therefore, in conjunction with the Magistrates and Town Council of Edinburgh, they carefully regulated the distribution of wine. On 18th October 1520 the Town Council ordained certain regulations, styled in their register " Statuta Yini," preventing the wine being distributed in Leith. See Api^x. 16. It would appear that Sir ]\Iiehael Disert was preceptor of St. Anthony's at Leith on 14th December 1542. See Ja/mes V. Will. Report Hist. MSS. 3 Commis. ]\Ir. Matthew Forrester was appointed preceptor of Saint Antony, and in a sasine granted to him in 1552 by the ]\lagistrates of Edinburgh of an annual rent of five merks, payable out of a tenement situated in Bass Wynd, he is styled " Preceptor of St. Anthons." Li the inventory of deeds belonging to the Trinity House of Leith is enumerated " Ane charter granted be Matthew Forrester in favour of the foresaid Mariners of Leith of the said land on ye Hospital banks, and for undercallit ye groundes lying in Leith ; also said yard. Dated 26th Julii 1567. Sealit and suljscribed be the LEITH AST) ITS ANTIQUITIES 37 said Matthew Forrester, prebendar of St. Antoine, near Leith." On 10th June 1572 King James VI. granted a charter, with consent of John, Earl of Mar, Lord Erskine, etc., then the Regent, in favour of the bailies, councillors, and community of Leith, and their succession for ever, of all and sundry lands, tenements, houses, buildings, churches, chapels, orchards, yards, acres, crofts, etc., which in any way belonged to any chaplaincies, vicarages, alterages, and prebends in whatever church, chapel, or college* founded within the liberty of the town. This°charter granted the property of all the religious foundations within the town to the Town Council of Leith. See Ax>px. 17. The Town Council did not long retain the grant thus given to it by the King, for in 1587 the superiority and feu-farms of the preceptory were reserved by Act of Parliament to the King, and in 1592 the monastery was dissolved. The King thereupon, with the consent of Parliament, made a grant of the preceptory of St. Anthon's in favour of John Hay of Easter Kennet, one of the ordinary clerks of session, and also of the place or ground where the kirk of the said preceptory of St. Anthon's stood, and of all lands, tenements, crofts, annual rents which belonged thereto (except the manse and four aikers of land for the gleib conform to Act of Parliament); and also of all and sundry parsonage teynds of the lands of Redhall, Collingtoun, Oxgangis, and half lands of Comistoun, which per- tained to the preceptory, with the vicarage of the haill parish of Hailes. By this grant it was ordained that there should never thereafter be any successor or preceptor provided to the preceptory and benefice 38 HISTORICAL NOTES COXCERXIXO thereof. The vassals thereof were to hold of 'Mr. John Hay as their superior. lie, iu his turu, granted a charter of feu-farm to Daniell Hay, his brother, aud Margaret Purdie, his spouse, and from the two brothers Hay the lands eventually came into the hands of the ministers, elders, and deacons of the kirk session of South Leith, and their successors in office, in name aud behalf of the poor of the Hospital of Leith, present and to come. The two instruments of resignation by which this was done are dated 11th August 159G. On the same dav the bailies and council, on behalf of the community of Leith, resigned to the King, in favour of the ministers aud elders, and for the same purpose, these lands and others which they held. The King then granted a charter under the great seal to the ministers, elders, and deacons of the kirk session of Leith, and their successors iu office, in name and behalf of the poor of the Hospital of the same, of the whole lands within the towns of Leith and Restalrig whicli belonged to St. Anthon's, and the ground where the kirk stood, and annual rents belonging to the preceptory. The charter is dated 23rd September 1596. See Apjyx. 18. The wine tax, before referred to, and payable to the kirk session, was commuted into a money pay- ment, and on 19th November 1638 the kirk session " ordanit the wine vintners in Leith to pay their im- ports of the wyne to oure sessione, or otherwise to Ije convenit before the kirkis ; and then they sail pay our interests as we ordain." This wine tax formed part of the ordinary revenues of the parish of Leith, and was collected by the kirk session. It may be interesting to note, too, that there was an official styled the baron bailie of St. Anthony, who claimed to LEITH AKD ITS ANTIQUITIES 39 exercise jurisdiction at the ports of Leith and New- haven. He was elected by the kirk session, and actually held a court, and pronounced sentence without appeal. Thus: "At Leith, 9th February 1693. On Mondaye last St. Anthony's Court was holden in this place, and is to be keepit at Newhaven w' y* first convenience." It would appear that he held his court at Leith or elsewhere, and at such dates as pleased himself. The last baron bailie was Thomas Barker — the office being swept away by the Reform Act of 1833. Closely connected with the monastery of St. Anthony in Leith was the chapel and hermitaoe in the Queen's Park, Edinburgh. From this eminence the brethren of the order could see the ships coming into Leith, from which they derived a considerable part of their revenues as well as gifts from the seamen. The Rental Buke of Sand Anthon's and Neiv- haveri, written on vellum, and consisting of a thin octavo volume leaves, is still the Advocates' Edinburgh, much recorded the rentals, or the secular monastery. It of benefactors of initiation fraternity of the rules to be indulgences to its members. The likewise preserved the inscription, S. of twenty-one preserved in Library at There is not in it about indeed any of afiairs of the contains a list and the form into the con- st. Anthony, kept, and the be gained by seal, also, of the preceptory is in the same library. It bears Commune Preceptone Sand 40 HISTORICAL NOTES CONCERNINa Anihonii prope Leight, and assumes a very graceful form, representing the saint gowned as a hermit, standing under a canopy. Behind him, and showing chicriy at his right foot, is the wild pig with the Ijell on its neck. The bell is again happily repeated in the lower part of tlie design, while in its upper part appears the capital T, which was made of blue stuff, and sewn on the left breast of the black mantles that were worn as the distinguishing garl) of the canons of St. Antliony. On the tower of this monastery the French placed their artillery during the siege of 15 GO, when the building was partially destroyed ; but it was in part restored, and converted into King James's Hospital in 1614. All that remained of this ancient and interest- ing edifice a few years ago was a portion of the doorway and arch ; but even these have now been swept away, and nothing remains to tell of the existence of the monastery save the revenues of King James VI. Hospital, which are still collected by the kirk session of South Leith for behoof of the poor of the parish. LEITH AND ITS ANTIQUITIES 41 CHAPTER IV EARLY TRADE OF LEITH. King James I. not only gave encouragement to com- merce, but traded to a considerable extent on his own account. The wool and hides of the Crown lands, instead of being disposed of to Scottish merchants, were directly exported by the King to Flanders, duty free. In the year ending May 1428 the remissions of custom show the King to have exported wool and hides representing a value of nearly £900, namely, — from Leith, 7 lasts, 7 sacks of wool ; from Cupar, 2 sacks, 17 stones; from Montrose, 1 sack, 10 stones — in all, 8 lasts, 4 sacks, 9 stones ; which, reckoning the price of wool at £10 per sack, would come up to £843, while the 7 dacres of hides exported from Perth would furnish the balance. The ship Mary of Leith, the property of David Lindsay of Scotland, freighted with various kinds of merchandise belonging to King James of Scotland, obtained in July 1426 a safe conduct from Henry VI. to unload her goods and expose them for sale in the port of London ; but we are not informed of the nature of her cargo. {Preface to Excheq. Rolls, vol. iv. p. cxlv.) As already shown, Leith seems in early times to have been completely under the domination of the city of Edinburgh. The charter whereby James L granted 42 HISTORICAL NOTES CONCERNING the right to " vplift ane certaine tax or toll of all schippes and boites entering the port of Leith in aug- mentatioun of the fabrik and reparatioun of the port or herbcrie thereof" is stated to have been granted at Dunfermline on 31st December 1428, but no trace of the original has been found. The taxes or tolls, however, so granted to the city of Edinburgh were very carefully exacted, and it will be observed that there was a material distinction between those exacted from freemen and from strangers, the dues payable by the latter being much larger. In this connec- tion it has to be kept in view that the inhabitants of Leith were strangers, and consequently had to pay the higher dues. It was rather hard on the poor inhabitants of Leith to be deemed stranfi;ers in regard to goods entering at their own port, but it was the will of the King and the Town Council of Edinburgh, and they had no remedy. In the Inverkeithing account of April 1429, in the Exchequer Rolls (vol. iv. p. 482), there appears an item of £2 for the hire of boats in which the King, the Queen, and their two daughters, Margaret and Elizabeth, went to Inverkeithing from Leith. The same volume also o-ives the accounts of goods customed at Edinburgh and shipped at the port of Leith, showing the developing trade at the port. An inquiry took place regarding certain goods shipped there which had evaded the payment of custom, and an entry appears of the receipt of the price of the wreck of a ship burned in the port of Leith, sold for the King's use there, and the cost of a pipe of wine taken by the King's men-at-arms in Leith. Charges are also made for iron sent from Kirkcudbright to Leith for the King's work there ; and in the accounts of Robert Gray, LEITH AND ITS ANTIQUITIES 43 master of the Mint, as well as master of the Castle of Edinburgh and Palace of Leith, there appear charges for work on the King's ship and Palace of Leith, as well as at the houses of the King there. There is also a charge for the King's ship or barge built at Leith. " Small pieces of ordnance had begun to be used in Scotland in the reign of Robert IL, but bombards for siege operations seem to have been first introduced by James L £590, 8s. 2d. were advanced by Turyne to Nicolas Plummer, designated servant of the King, who worked in more metals than lead, to pay workmen engaged under Plummer's supervision in constructing bombards and other military engines. James's agent in Flanders got into a difficulty regarding the transport of these engines. One John Halewatter, a ship's captain, averred that an engagement had been made with him to transmit them to Scotland for no less a sum than £180 Flemish, to which sum he laid claim, though they had eventually not been sent in his vessel. A sum of £8 was paid to Master John ]Mill and ]\Iaster Baldw^in Poll for extricating Turyne from this difficulty, and obtaining letters patent from the town of Bruges exonerating the King of Scots from Halewatter's claim. £20 were, however, paid to Halewatter for the transport of certain other engines to Scotland ; £13, 6s. 8d. were paid for custom (Flemish duty) on said engines ; and for ' scouting,' i.e. freighting, a barge or ' scoute,' and putting the engines on board the barge, with drink money to the sailors, there is a further charge of £4, 10s. Bower tells us that James L brought from Flanders in 1430 a great brass bombard {immanem fundam bomhardicam aeris 7netaUo fabrifactani) which bore the name of the ' Lion.' This is pro- bably one of the engines alluded to, and the one 44 HISTORICAL NOTES CONCERNINQ specified as the great bombard, in respect of which Turyne had to pay £8 for damage doije to a jar of the wine called garnuge when it was put on ])oard ship. "There were further .£25 worth of military equip- ments sent home in the ship Peter Dunkar, and transmitted by Turyne's wife to the constable of Edinburgh Castle, where they were lodged in the armoury, namely, ten pipes and a roundle containing ten full suits of armour." {Pref. Excheq. Rolls, vol. iv. p. cxlvii.) There is also a charge of £10, 5s. 2d. for various oncosts and carriages of the goods by ship to Leith and from Leith to the monastery and castle of Edinburgh. "Gray's account of 1435 gives some idea of the shipbuilding which was then going on at the works at Leith. During the past year £122, 2s. 9^d. had been paid for making a barge for the King, and £25, 18s. 4d. for making a new little ship for the Queen ; £43, 8s. lOd. had been paid for repair of a certain ship of the King, and victuals of its sailors going north to fetch timber for the barge in question ; £36, 2s. Gd. for the repair of another ship called Kele, with the wages and victuals of sailors fetching timber as above ; and the costs of James Johnson and his sailors bringing from Zealand a mast for the King's great barge amount to £49, 18s. 3d. Among Gray's items of charge are £2 by sale of the mast of a little ship of the King. The commissars of Montrose credit themselves with a payment of 48 nobles out of the subsidy to Gray towards the building of the King's great ship." {Excheq. Rolls, vol. iv. p. cxliii.) On 20th February 1436-37, when King James I. was resident with his Court in the Dominican convent at Perth, he was about to retire for the night, when his LEITH AND ITS ANTIQUITIES 45 chamber was invaded by Graham and a body of three hundred Highlanders. The King took refuge in a vault under the floor, but was discovered by the assassins, and dragged out and brutally murdered by them. His son, James 11., a boy of six and a half years old, was in the same year crowned at Holyrood, where he had been born, and where he was subsequently married and buried. In 1436 Leith was favoured by a visit of Eoyalty under rather unusual circumstances. King James H. being only about seven years of age, was kept in residence at the castle in the custody of Chancellor Crichton, much to the annoyance of the Queen and her party. She visited Edinburgh, and having professed great friendship for the chancellor, and a strong desire to see her son, she readily got access to him in the castle, and took up her quarters there. On pretence of visiting the White Kirk of Brechin, she bade adieu to the Chancellor, and retired to her devotions. When thus freed from company, the young King was cautiously pinned up among the linen and furniture of his mother, and so conveyed in a chest to Leith, and from thence by water to Stirling, to the care of Sir Archibald Livingstone. Not only were the inhabitants of Leith subjected to the hardship of being considered and treated as strangers in their otvti town, but they could hardly get leave to buy the victuals coming into the port. The Town Council on 18th December 1436 passed an ordinance regarding the buying and distribution of victuals coming in at the port of Leith. Its terms are as follows : — " In the Tolbuith of Edinburgh, xviij day of December, in the yeir of God jm iiijc xxxvj, it is ordanit for commoun profiitt of the burgh, that 46 HISTORICAL NOTES CONCERKIXG after the cumming in of ony schip enterit in the Tol- buith with quheit, mele, rye, malt beir, or any vitailes or vivouris, tlie aldermen, baillies, and counsale by this vitaile of rationeable pryce as thai may, and syne distribute be twa distributaries sufficient to answer for thair deid to the commouners of the town, and gif ony talkis on hand to bye thir vitale derrere pryce than an is bidden for it in the Tolbuith, without consent of the aldermen, baillies, and counsale, the commoun sail haif it for the price competent or thai bye that tyme uther als guid, and as those beddin thairfor in the Tol- buith, and thai byares sail pay the merchant as thai haif bocht at, and tyne thair fredome for a yeir." The Leith merchants would have a poor chance of getting the consent of the aldermen and bailies of Edinburgh to buy, seeing that they were to have the distribution of the victuals for the common profit of the burgh of Edinburgh. The plan does not seem to have worked. Very likely, indeed, remonstrances were made by inhabitants of Leith and others as to the iniquitous hardship which must have arisen from the operation of such a system, for we find after a few years that an alteration and modification of the ordinance above quoted was made. The matter seems to have been brought before the chancellor, for the next ordinance runs partly in his name. The terms of it are as follows :— " The first day of June, the yeir of God J'" iiij" xxxix. In the Tolbuith before the Chancelare, be the Alderman, the Bailies, and the Counsale of the town and sundrie of the communitie, it is statute and ordainit for commoun proffit that quhasa brings victuale to Leyth sail be welcum to sell thair victuale as thai best may and house it gif thai list, bot the sercheour sail se quhat guids of victuall cumis in the heaven, and LEITH AKD ITS ANTIQUITIES 47 (juha dressis thame to bye that victuall sail sweir that thai sail nocht bye mair than may suffice to the ex- pensis of thair househald, and that thair of thai sail nocht sell agane for wynning, and schersuris sail ilk day certefie the gouernance in Leyth, and ane of the thre baillies sal laboure heirvpoun in Leith and quhone they find trespass and agains this ordinance efter the statute thairupoun maid, thai sal be punist and gudes eschetit anent the byare, and the schersuris sail haue the lone of the escheitt thai find to be made after the nature of the statutes." The chancellor seems to have had a rather more enlightened and liberal view as to the import trade at Leith than the ^lao'istrates of Edinburg;h, for he allows the importers to sell their goods as they best may, and to stow them if they choose. The use of the title " alderman " is rather unusual in Scotch municipal titles, and on that account is noteworthy. It sub- sequently, as regards Edinburgh, gave place to the better-known title in Scotland of "provost." On 25th September 1445 King James the Second, by letters patent granted under his great seal, and with consent of the burgesses and merchants of Edinburgh, ordained that they should have the right to take and uplift certain customs during his pleasure. This was for the common good and public service, and also for the protection and security of ships and goods coming in at the port of Leith, the repairing and maintenance of which had occasioned great dangers. See Apj^x. 19. The letters refer to the charter of 1428, and the table of tolls is very similar to the letter of the date above quoted. About this time the inhabitants of the port of Leith witnessed one of if not the earliest recorded 48 HISTORICAL NOTES CONCERNING royal landings, and one of the gayest scenes wliich has ever happened in Leith. In 1449, Crichton, who had Ijeen reinstated in the office of chancellor, was appointed Commissioner to conduct to Scotland Mary of Guoldres, the only daughter and heiress of the wealthy Duke of Gueldres, who had been the previous year married by proxy at Brussels to James 11. , now in Ids eighteenth year. As the lady had been educated in the Court of Philip, the French king, with his accus- tomed magnificence, defrayed the expenses of the nuptial preparations on her side. The Lord of Vere in Zealand, whose son had before this period married a sister of James, was appointed to conduct the bride, who with many tears took leave of the Duke and his sou, the Count de Charolois. Coasting, not without terror, along the inimical English shore, on the sixth day Scotland arose to their eager eyes, and they anchored near the Isle of May, where then stood a hermitage and a chapel sacred to St. Andrew. HaAdng paid her devotions, the Queen pro- ceeded to Leith, where she was met by many nobles and a concourse of all ranks of people, who to the polished Burgundians appeared almost barbarians. The fleet which bore Mary to Scotland anchored in the Forth, on the 18th June, in the same year. It consisted of thirteen large vessels, and had on board the Archduke of Austria, the Duke of Brittany, and Count de Vere, all brothers- in-law of the King of Scotland. The Dukes of Savoy and Burgundy, with a splendid suite of knights and barons, also accompanied the Princess and her ladies, while a bodyguard of three hundred men-at-arms, clothed in complete steel, with horses nobly mounted and caparisoned, attended the Princess, who, seated on horseback, rode, according to the manner of the times. LEITH AND ITS ANTIQUITIES 49 behind Count de Vere, from the shore of Leith, encii-cled by the nobles of France, Burgundy, and Scotland, to the convent of St. Anthony at Leith, and thence to her appointed lodgings in the convent of the Blackfriars in Edinburgh, where she was received by her youthful con- sort, and welcomed by the acclamations of an immense concourse of spectators. The Princess was a lady of great beauty, and, as it was afterwards proved, of mascu- line talent and understanding. Her portion amounted to sixty thousand crowns, which was stipulated to be paid within two years by the maternal uncle of the Princess, Philip the Good, Duke of Burgundy, one of the wealthiest and most powerful sovereigns of Europe, who now attended her to Scotland. James, on the other hand, settled upon the Queen, in the event of his previous decease, a dowry of ten thousand crowns, which was secured upon lands in Strathern, Athole, Methven, and Linlithgow, and he bound himself, in the event of a male heir being born to the Duke of Gueldi'es, to renounce all claims to which his marriage with the Princess might otherwise have entitled him. After the refreshment of the foUo-n-ing day, the King visited her at midnight, and remained three hours. At the same period, in consideration of the amicable and advantageous commercial intercourse which, from remote ages, had been maintained between the Scottish merchants and the people of Brabant, Flanders, Hol- land, Zealand, and other territories, all of which were now subject to the Duke of Burgundy, a treaty of per- petual friendship and alliance was concluded between these united states and the kingdom of Scotland, in which their respective sovereigns engaged to compel all aggressors upon their mutual subjects, whether the attack and spoliation was conducted by land or sea, VOL. I. — 4 50 HISTORICAL NOTES CONCERNING to make the amplest satisfaction and restitution to the injured parties. From the moment of the arrival of the Princess of Gueldres till the solemnisation of her marriage and coronation, the time was occupied by feasting, masks, revelry, and tournaments, amongst which last amusements there occurred a noted combat a Voxitrance, in which three Burgundian champions, famous amongst their contemporaries for an unrivalled skill in their weapons, challenged the bravest of the Scottish knights to an encounter with the lance, battle- axe, sword, and dagger. In the course of the following week her marriage and coronation were solemnised in the abbey of Holyrood with much barbaric pomp and ceremony. In 1453 the boUe custom of Leith and petty custom of pok, pak, barrel, and sick like goods were let, and at the same time the " water-mett of Leyth was sett to Jhone Dow for ij merks." On 4th Novem- ber 1454 the customs of Leith granted by King James II. to the burgesses and merchants of Edinburgh by letters patent under the great seal of 25th September 1445, to endure during the King's pleasure, were made perpetual by grant or letters patent of the same sovereio;n under the oreat seal of the above date. See Appx. 20. On 12th January 1454 an indenture was entered into between the burcrh of Edinljurgh and Sir James Logan for maintaining and defending the freedom of the towTi of Edinburgh, whereby Logan undertook to maintain the officers of the town — to assist them in punishing offenders who made merchandise in Leith — not to allow packing or peling in Leith — not to take victuals himself at the port of Leith, and various other obligations. See Ap>px. 21. LEITH AND ITS ANTIQUITIES 51 On Sunday, 3rd August 1459, King James II. was killed at the siege of Roxburgh Castle by a bombard exploding, a splinter of which struck and mortally wounded him. His son, James III., was then a boy of eight years old. In 14G1 the petty custom of Leith of pock, pack, barrel, and such like goods, with the mill siller, and the " petty haven siller " which John Peblis held in tack, and the petty haven siller of all the goods of the free- men of all the burghs of Scotland, were set. It is difficult to understand what is meant by the " haven siller of all the freemen of Scotland," unless it refer to the goods of such freemen as were imported into Leith. In 1462 an ordinance was passed by the Town Council of Edinburgh, whereby " It is statute and ordainit be the provest, liaillies, counsall, and com- munitie of the tovn, that the wittuallis that cumis in, and the tymmer at the Port of Leith, be strangeris sal be bocht in the Tolbuith as maner is of befoir for a certane price, and gif that it beis nocht bocht that na neichtbour tak in hand to by the saidis victualis or tymmer to regrait and deir agane upon the neichtbouris ; and gif ony dois, the said vittuall and tymmer sail be tane be the officeris, and distribute amougis the neicht- bouris of the price that is bidden thairfoir in the Tol- buyth; that gif ony man of vther burrowes wald by the said vittuallis to haif furth of the toune, the neichtbour to by it at that price that thai gif thairfoir to be dis- tribute amangis the neichtbouris ; and this statute to endure quhill Michaelmas next. Item it is ordainit that na nychtbour nor vther tak upon hand to name ony strangeris of the price of vittuallis in the cuntrey, nor that na nychtbour schaip thame to by ony 52 HISTORICAL NOTES CONCERNING vittuallis, or to bid ony price thairfoir befoir the eutrie, and quha sa dois in the contrair heirof or brekis this statute sail pay to the Kirk Wark of Sanct Gele ilk persoun singularlie be himself aue chalder of quheit but remissioun." Thus trading seems to have been practically pro- hibited by the Town Council of Edinburgh. This ordinance looks like a retrograde step, and a return to the old practice which had been abolished by the last ordinance. It is to be noticed here that " alderman " drops out and " provost " appears. By an Act passed in the second Parliament of James III., in 146G, no ship from Leith or any other port could be freighted without a charter party, of which the conditions were : " "What the master of the ship shall furnish to the merchant, — That in case of debate betwixt them they underly the law of the burgh whereto the ship is fraughted, — that the goods be not spilt by ill stalling, that no goods be shown or stricken up, that the master have no goods in his over loft, or if he do these goods pay no fraught. That every ship exceeding five lasts of goods pay to the chaplain of the nation a sack fraught, and if within five lasts the half of it, under pain of five pound.3, and that no drink silver be taken by the master and his doers under the same pain. And homeward a tun frauo-ht to the Kirk work of the town they are fraughted to." In the old Scots Acts a statute of James III., passed on 31st January 1467, states that it is seen expedient for the Lords and the utility of the King's Highness' service, that the ferry-boats of Leith and other places should be provided with " a brigge made of buirdis " for the more easy shipping of horses, under the penalty LEITH AND ITS ANTIQUITIES 53 of confiscation of the boat and disability to ply the ferry for a year and day. This refers to the ferry which existed for a long time between Leith and Kinghorn, and gives some indication that a trade was already beginning to spring up at the port of Leith. In 1467 a solemn embassy was despatched from Scotland to treat with King Christian of Denmark for the hand of his daughter Margaret for King James. The negotiations seem to have occupied some time, chiefly, it is believed, in securing the dowry of his daughter to the satisfaction of the King ; but they ultimately prospered. The ambassadors accordingly returned with the bride, and landed at Leith in the year 1469, from which they proceeded to Holyrood, where the marriage took place, amid every loyal demonstration of welcome. Tytler says {Hist, of Scotland, p. 222) : " In July 1469 the Scottish ambassadors, bearing with them their youthful bride, a princess of great beauty and accomplishments, and attended by a brilliant train of Danish nobles, set sail for Scotland, and landed at Leith in the month of July, amidst the rejoicings of an immense assembly of her future subjects. She was now in her sixteenth year ; and the youthful monarch, who had not yet completed his eighteenth, received her with that gallantry and ardour which was incident to his age. Soon after her arrival, the marriage cere- mony was completed with much pomp and solemnity in the abbey church of Holyrood, and was succeeded by a variety and splendour in the pageants and enter- tainments, and a perseverance in the feasting and revelry, which were long afterwards remembered with applause." 54 HISTORICAL NOTES CONCERNING The historians of the period describe the Princess as winning the favour both of Prince and people by a beauty and grace rarely equalled by the ladies of the age. Abercromby says {Martial Achievements, p. 407) : " Queen JMargaret arrived at Leith in the month of July 1469, and was received, married, and crowned with all the solemnity, magnificence, and affection that could be cxprest by an amorous young Prince deservedly charmed with the conquering graces of one of the greatest beauties of that age, and yet her beauty and blooming youth were the least valuable of her quali- fications. Her behaviour was sucli as commanded respect and taught modesty, a virtue which for some time before seemed to have been banished from the Court. With herself she gave her heart and affections so entirely to the King, her husband, that she may well Ije ranked among those who have been most remarkably famous for conjugal duty. She did not forget that she was born in Denmark, but preferred Scotland to her native soil, and the honour of being a Scots Queen to that of being a daughter of a monarch adorned with a triple crown. In fine, her piety was so eminent that her life and conversation were patterns, not only to the ladies at Court, but to virgins shut up in cloysters, and by the most solemn vows and indis- pensable obligations dedicated to the service of God. The very sight of such a Queen could not but endear her to all ranks of people, who, to congratulate her happy arrival, and to create in her a good opinion of themselves and the country, entertained her and her princely train for many days with such variety of shows and such delicious and costly feasts, that Ferrerius, a foreigner, who had seen all the gallantry and pomp of the Courts of France and Savoy, tells us that no pen LEITH AND ITS ANTIQUITIES 55 can describe them so much to the advantage as they deserve — a proof, I take it, that the Court of Scotland was in those days one of the politest and none of the most indigent in Europe." The alliance was further rendered acceptable to the nation by the royal bride- groom, King James III., having "gatt with the King of Deumarkis dochter, in tocher guid, the landis of Orkney and Zetland." On 16th November 1471, by letters patent granted by King James III. under his seal, the King, with the advice and deliverance of his Council for the common good and profit of merchants, and of all personnes, strangeris, and others repairing to the port and haven of Leith, and for the upholding, repair, and building of the same, granted to the Provost, Baillies, and Counsale of his burgh of Edinburgh, certain customs and duties to be raised and used by them and their successors in all time coming. These customs are diflerent from the others formerly granted, being chiefly on boats going out of and in to Leith, — "ferey bots, dreg bots, and lyne bots coming in with fisch." See Appx. 22. The timber trade in Leith seems to have been one of the earliest to rise into importance at the port, and was even patronised by Royalty, notwithstanding the restrictions laid on it. Thus the following entry appears in the Accounts of the Lord High Treasurer: "a.d. 1473. Item fra Dik Forestare of Leth, iij dosaue of Estland burdis for my Lorde Princis chalmire, price dosane XV s. ; summa ..... xlv s. The Leith artisans seem to have been good work- men in iron, and received the King s patronage to a certain extent, as well as for other " stuif " for Eoyalty. 56 HISTORICAL NOTES CONCERNING The following entries appear in the Lord High Treasurer's Accounts : — " A.D. 1474. Item govin to a smyth of Leith for a chimnay to the Quenis closat .... xviij s. " Item at tlie Kingis commande to Petyr Falconar in Leith, for certane stuf deliuerit be him to the samyn squere to haue in Denmark, to bring again certane thingis to the King accord- ing to artilzery, powder-schot, and sic thing . xxx li." In March 1473-74 the Accounts contained notice of a ship, which a cancelled entry enables us to identify with the King's afterwards famous Yellow Carvel. At this time it narrowly escaped becoming a total wreck. A sum of £5 was paid to William Todrik " for his tithingis that the Carvile wes on life," and salvage was also paid to the " men of North Bervic that fand the kingis ankeris and cabillis of his Kervell." In November 1474 it conveyed an embassy to France; and in April following Edward IV. sent his almoner, Dr. Legh, to give redress to the Admiral of Scotland, the Duke of Albany, for a ship called " the King's own Carvel," which had been captured by the Mayflower, belonging to Richard, Duke of Gloucester. The King's most distinguished captains, Sir Andrew Wood and the Bartons, were merely traders ; and the King's ships, the Yellow Carvel, the Floiver, and others, were only armed merchantmen, and in time of peace were let for trading ventures at a certain sum per voyage. The wages of sailors were, like those of labourers, Is. per day when engaged for a short period ; for a voyage the rate was perhaps considerably lower. They could be compelled at any time to serve in the King's ships. In May 1492 a macer was sent to Fife " to get schipmen to the Flour." {Excheq. Rolls, i. G1-22G.) LEITH AND ITS ANTIQUITIES 57 CHAPTER V THE king's work AT LEITH One branch of industry which appears to have been practised about this time was the casting of ordnance. The " Werkhous " in Edinburgh Castle, the Abbey of Holyrood, and " the King's Werk " at Leith, were the workshops where such work was done, and there also accommodation was provided for laying up the artillery, and for storing timber, and all other materials requisite for the King's service. Leith was, from an early period in the history of the Scottish kings, the port at which victuals and other commodities destined for the use of royalty were lauded. A granary or place where such stores could be lodged till they were actually required for use became a necessity. Before the days of Robert II., houses were rented in Leith for that purpose. The account of the custumars of Edinliurgh for the year extending from 3rd March 1381 to 10th February 1382 contains an entry in which it is stated that the sum of 50s. has been so expended. It was reserved to King James I. of Scots to erect a special building. The King's Wark, Werk, or Work, or, as sometimes designated. Palace, occupied the site between the present Bernard Street and the Broad Wynd fronting 58 HISTORICAL NOTES CONCERNING the shore or quay. It stood between the lanes known as the Wcigli-house Wynd on the north, the Broad Wynd on the south, and the Nether Close and part of the Rotten Row on the east. There is no doubt that the building was at one time a royal residence. The " King's Werk" at Leith, so often mentioned, combined a lodging for the King {"jJCilacium de Zei7/i "), a shipbuilding establishment, and workshops and stores. Unless this building be the "fabrica regis " — so named without further explanation — for slates for which William Law is paid £20 in the Dundee Customs Account of 1428, the first notice of it is in 1434, when £42 were paid to George of Foula for 30 wawis of iron sent from Kirkcudbright for the King's works at Leith and Linlithgow. Robert Gray, in addition to the offices of Moneyer and Master of the Works at Edinburgh Castle, held that of Master of the Works " bargie et ])alacii de Leith," and in his account of 1435 he credits himself with £199, 13s. lid. expended " pro fabrica domorum regis apud Leith " (JExcheq. Molls, voL iv. p. cxli.). In 1451 a wooden firlot was sent to the granary at Leith for ascertaining the capacity of James II.'s grain. A contract for the supply of more than 10,000 tiles for the roofing of the King's Work, at an estimate of £52, 10s., had been made by the chamberlain with a Dundee builder. The account of the custumars of that burgh for 1459 informs us that £25, 2s. 6d. of their total cost, together with £l, 3s. 8d. for their freight, had been paid by Sir Henry Logan, one of the royal chaplains in Leith, and that this money was refunded to him by the chamber- lain. Thomas Oliphaut was Master of Works to the succeeding sovereign, James III.; and in that capacity supplied the King's Work in 1461 with a dozen locks LEITH AND ITS ANTIQUITIES 59 and keys, and with lead, — it is not stated for wliat pur- pose. He had also an allowance from the Exchequer to buy "tymmyr" for the same in the year 1464, and again in 1465. It appears to have been con- siderably extended in 1458. The account of Thomas Oliphant, Master of Works, shows an expenditure upon it of £514, 8s. lO^d. from 4th May 1458 to 16th July 1460" {Treasurer's Accounts, 1473, p. cclxviii.). Its various building's covered a laro-e extent of oround, and, from an old chart of the town, the principal tower appears to have been a large square building, with a short spire rising from its centre. This edifice is mentioned in the year 1477, when King James III. granted out of it a perpetual annuity of twelve merks Scots, for support of a chaplain to officiate at the altar of the upper chapel in the collegiate church of the Blessed Virgin Mary at Restalrig, founded by James. In 1518 Robert Bertoun of Over-Bertoun had allowed to him as the Regent's comptroller a sum of £35, 7s. for repairs and improve- ments on the King's New AVork at Leith on the tiles, staircase, and " fluring " of the staircase. Another notice of it occurs in the year 1527, in an Act of Parliament dated 7th May, which "ratifies and apprevis ye charter and infeftment given to Johnne Damhoy, of ane pece of waiste land, liand in Leith, besyde ye Kingis Werk, in feuform in all punctuis and articles efter ye tenor of ye said charter." John Damhoy was the collector of the fermes of the New Work in Leith. In that capacity he renders an account of them to the comptroller, and pays £20 out of its revenues for the sujiport of one prebendary in the parish collegiate church of Restalrig, and for tlie souls' weal of Kings James III. and IV. of good memory. He discharged his duties so well that he received " ane 60 HISTORICAL NOTES CONCERNING pece of waist land liaiid in Leitli l)eside the Kiugis Werk," whicli was ratified by an Act of Parliament. "The Wark" appears to have been the principal arsenal in Scotland during the reigns of the Stuarts from James III. The original building was destroyed during the first invasion of Hertford in 1544. It was set on fire, and reduced almost to ruins. Early in the reign of Queen Mary it was partially rebuilt by John Chisholme, comptroller of artillery, and the charter, dated 16th May 1564, states that " Efter hir hienes lauchfuU age, and revocation made in parliament, hir majeste sett in feu forme to hir lovite seruitoure Johnne Chisholme, his airis and assignais, all and liaille hir landis, callit the King's Werk, in Leith, within the boundis specifiit in the infeftment, maid to him thair- upon, quhilkis than war all uterlie decayit, and sensyne are reparit and reedifiit be the said Johnne Chisholme, to ye policy and great decoratioun of this realme, in that oppin place and sight of all strangearis and utheris resortand at the sehore of Leith. Thair- fore hir maiestie, now willing that the infeftment maid to the said Johnne Chisholme, his airis and assignais, of the said land within the boundis contenit thairin, be sufficient and suir to him in time cuming, his with awise," etc. " From the expressions ' waiste land ' in the first excerpt from the Acts just quoted, and ' oppin place ' in the second, it would appear that there were not, at either of the periods to which these Acts refer, any houses lower down than, probably, the Broad Wynd, and that, therefore, the whole space between the latter and the sea, with the exception of the King's Work itself, was merely a bare and open beach. The sea, however, must, at these periods, have been close upon. LEITH AKD ITS ANTIQUITIES 61 if it did not actually beat against, tlie walls of the palace, for even so lately as 1623 it flowed up as far as Bernard Street." (Campbell, 339.) In 1575 the King's Wark was ordered to be cleaned out for the reception of people recovered from the plague. In 1593, by the Act of that date, the King's Wark was annexed to the Crown. In 1606 it was granted by King James to his " Chalmer Cheild," Bernard Lindsay of Lochill, on the tenure that one of the cellars was to be kept for holding wines, etc., for the King's use. There was an old house which projected into Bernard Street, and situated nearly opposite the British Linen Company's Bank, which had a carved stone in front, representing a rainbow rising from the clouds, with a date 165- (the last figure being obliterated), which was thought to be part of the building, but there is no ground for this supposition. A tennis court was also established within the Wark, and was a great resort for " distinguished foreigners, to whom," says the charter of James, " it afforded great satisfaction and delight, advancing the politeness and contributing to the ornament of the country, to which, by its happy situation on the shore of Leith, where there was so great a concourse of strangers and foreigners, it was peculiarly adapted." In 1627, amongst other instructions transmitted in the course of that year by Charles I. to Sir Archibald Napier, Deputy-Treasurer in Scotland, there appears the following : " That ze deall with the sonnes of Bernard Lindsay for their house in Leith, to be a custom-house." It is not known whether this was accomplished, or if the place was ever occupied as a custom-house. In 1633 certain tenements within the 62 HISTORICAL NOTES CONCERNING Kind's Wark were given in warrandice of the lands of Ballincrief ratified to Murray of Elilxmk. Mention of this royal residence and arsenal is made in the year 1647, in the Council records of Edinlnirgh, where the following entry appears : " To the purchase of the Kingis Werk in Leith, 45,000 lib. Scot." This was ratified by the Act, 1661, c. 119. In 1649 it was " ordered to be repaired, a floor to be laid, to divide it into two storeys, and to be otherwise commodiously fitted up for a weigh-house, which is the present, as may be seen by the five large walled-up windows in the northern side or front thereof; but the front thereof being rebuilt, anno 1752, they are demolished " (Maitland, 469). Part of the King's Wark is seen in the representation of the harbour of Leith as it appeared about 1710, and copied from the painting in the Trinity House, Leith. LEITH AND ITS ANTIQUITIES 63 CHAPTER VI FOREIGN TEADE WITH LEITH The regulation of the victual coming in to Leith seems to have been a source of much trouble to the provost, bailies, and council of Edinburgh. They passed an ordinance on 5th January 1479, making provision for intimation of the arrival and subsequent distribution of all kinds of articles of food, not forgetting to reward those concerned in carrying their arrangements out. " It is statut and ordanit be the Provest and Counsall of the toun that in tyme to cum quhane that ony victuallis, quheit, beir, malt, ry, rymeill, or massilyon, cumis into the Port of Leyth to be sauld, that or the entre be tane the bell pas throw the toun and warne all nichtbouris thairto in the tolbuith and in na vther place, and yat the provest oflfer ane penny to the merchand, and to by it vpon ane competent price to the behuif of the haill nichtbouris, ilk man to haif his pairt thairof as it beis bocht, and gif they can nocht aggre thairvpon yat the said merchand sail sell his corne to fremen as he best may, and gif ony vther nychtbour byis the guidis efter the entre that ilk nychtbour haif his pairt thairof to his awin household and behuif vpoun the samyn price as it is maid with the merchand and na darrer, swa that it sail nocht be G4 HISTORICAL NOTES CONCERNING regratit nor derthit vpouu the nyclitbouris, vuder the pane of eschete and pvnysing thair personis at the will of the counsall of the toim, and that the merchandice be maid heir in the burgh and in na vther phxce vnder the samyn pane, and quhen sic thingis hapinis that the toun be quarterit, and ane bailye with twa of the counsall pas and tak ane clerk with thame to Leyth and dell it evinly to the nj'chtbouris takand ane penny of the laid for thair lawbouris." Leith, indeed, appears at this time to have been a port in communication with France. About 1481 the Duke of Albany, being imprisoned in the castle, was in danger of losing his life, when a vessel came " to the toun of Leith beside Newhaven, and gave herself forth as a passenger with wine." The Duke effected his escape, and the French ship sent a boat ashore and took him on board. Between Leith and Flanders, also, a trade was springing up ; for about this time James IIL, apparently to escape from some of the parties who were then conspiring against him, went on board a vessel com- manded by Captain Wood, and bound for Flanders. James, however, landed in Fife, and not in Flanders. Further, charters by James IIL, of date 16th November 1482, gave valuable privileges to the Town Council of Edinburgh over Leith, one of which was a grant to take custom of the several sorts of merchandise arriving at that port. See ApjJX. 23. Shortly after the grant, the Council Records of the city of Edinburgh show that the petty customs of Edinbura;h were let to tacksmen for the sum of twenty-seven merks, while the petty customs and haven silver at Leith were let for the sum of one hundred and ten merks. Leith, therefore, seems to LEITH AND ITS ANTIQUITIES 65 have been a place from which the city of Edinburgh derived a considerable revenue, in return for which the grateful town councillors of those days passed an ordinance of council, in the year 1485, " that no merchant of Edinburgh take into partnership with him any Leither," and " that none of the town's revenues be let to an inhabitant of Leith." The Edinburgh people, having evidently got into favour with the King, were determined, if they could manage it, to reduce the people of Leith to the condition of serfs. The people by the sea, however, had pluck and endurance of perhaps a harder character than inlanders, and the "Leithers" maintained the struggle well. Again, by a charter under the great seal of date 16th November 1482, King James III., in consider- ation of the loyal and hearty services which the provost, bailies, dean of guild, treasurer, common clerk, councillors, and the whole community of the burgh of Edinburgh, along with his brother Alexander, Duke of Albany, had rendered to the King by freeing liim from the Castle of Edinburgh, in which he had been detained against his will, " gave, granted, renewed, and confirmed to the provost, bailies, council, and community, for ever, the customs and moneys coming out of the harbour of Leith, with the exactions and rents as well of the said port, as of the road of Leith and the said burgh, whereof they were then in peaceable possession and enjoyment, together with the customes of all maner of guidis." Examination of the details, however, will show that this was a favourable grant to the city of Edin- burgh rather than to Leith. Besides the exactions mentioned, Leith was still further to bear the burdens ■of Edinburgh, and the trade of the former was to be VOL. I. — 5 (3G HISTORICAL NOTES CONCERNING hampered and hindered for tlie benefit of the hitter. Even strangers were not allowed to store their goods in that most obscure town — Leith. Nor were Edinburnh people to deal with those of Leith. On 7th November 1485 the Council jjassed an ordinance whereby "it is statute and ordainit that gif ony merchand of this toun takis ony man of Leyth in company with him in his merchandice-making, he sail pay ane vnlaw of xl s. to the Kirk werk, and tyne fredome for yeir and day." " Item, it is statute and ordainit that nane of the commoun rentis be set to ony man of Leith, nor yit that ony nychtbour cum dettour thairfoir, nor yit that ony of the touu that takis ony customes, set thame to ony man of Leith, or have ony of Leyth partinare thairof with him, nor yit to have in seruice thairof vnder him any persoun duelland in Leith, vnder the pane of x li. to the Kirk wark, and tynsall of his fredome for yeir and day." This same ordinance provides that these rents arc only to be let to " famous men," inhabitants of sub- stance, so that in the eyes of Edinburgh people all Leith men were apparently infamous — so much so, indeed, as to be unworthy of sharing in a partnership with a citizen of Edinburgh, or even entering his service. 80 likewise in the seal of cause of the fleshers of Edinburgh of 11th April 1488 it is provided: "Nor yit that ony of our craft by ony fishe fra the vyffis nor regrators of the toun duelland in Leith." It would surely be difficult to find, in the history of the commercial relations of any one town with another, anything to ec|ual the stringency of this last restriction. About the year 1487 there existed a formidable conspiracy against James III., embracing among its leaders the Earls of Angus and Argyle, the Lords LEITH AND ITS ANTIQUITIES 67 Gray, Home, Hailes, Drummond, Lyle, and the Master of Home. The King, aware of their preparations, and perceiving that the south of Scotland was slipping from his grasp, left the Castle of Edinburgh and pro- ceeded to the north, where the greater part of the nobles remained faithful to him. The insurgents then, showing themselves more openly, took the Castle of Dunbar, where they found money, arms, and ammuni- tion, and advancing to Leith seized a considerable part of the King's baggaore and treasure. At the same time some of their number proceeded to England to secure the countenance of Henry A^II. On the 1 1th of June the two armies met in battle at Sauchie, near the scene of Bruce's victory at Bannock- burn. After a short engagement the royal forces were completely routed. The King, fleeing from the field for the purpose probably of seeking safety on board his ships, which were lying in the Forth under the com- mand of Sir Andrew AVood, was thrown from his horse, and was carried, stunned and bruised by the fall, into an adjoining cottage, where he was soon after put to death by one of his pursuers. (Exchequer Rolls, Pref., voh i. p. 67.) Whatever view the historian may take of this monarch's character and influence on the nation, he contributed more than any other of the Stuart race towards the permanent prosperity of the Scottish capital. By favour of his charters, its local jurisdic- tion was left almost exclusively in the hands of its own magistrates ; on them were conferred ample powers for enacting laws for its government, with authority, in life and death^still vested in its chief magistrate — an independence which was afterwards defended amid many dangers down to the period of 68 HISTORICAL NOTES CONCERNING the Union. By his charters also in their favour, they obtained the right, which they held until recently, to all the customs of the haven and harbour of Leith, with the proprietorship of the adjacent coast, and of all the roads leading thereto, as well as many special privileges conferred on the craftsmen, which they were not slow to protect from encroachment ; as his descendant, James VI., points out to his son. Prince Henry, in the Basilicon Doron : " The craft.smen think we should be content with their work, how bad soever it be ; and if in anything they be controuled, up goes the Blue Blanket !" (Wilson, i. 21.) The young Prince, having succeeded to the throne as James IV., raised the army, marched to Leith, and encamped on the Links. He sent messengers to Captain Wood, who was cruising up and down the Firth in two ships called the Floiver and the Yellow Carvell, desiring to know if the King (James III., whose death had not been made known) was in the ships or not. The captain told them to search his ships at their pleasure ; but the King and his Lords were not satisfied, and sent messengers desiring him to come to the Council. The captain was a wary man, however, and demanded hostages for his safe return. So the Lords Seatoun and Fleming were sent to the ship as hostages. Captain Wood went and presented himself before the Lords and the town of Leith. " But as soon as the Prince saw the said captain present him before the Prince and the Lords, in the town of Leith, with certain gentlemen in company, he believed surely he had been his father, and inquired of him, ' Sir, are you my father ? ' Who answered him again, with tears falling from his eyes, ' I am not your father, but I was your father's true servant, and shall LEITH AND ITS ANTIQUITIES 69 be to the authority till I die, aud enemy to them who were the occasion of his down-putting.' The whole Lords required of Captain Wood if he knew of the King, and where he was. He answered that he knew nothing of him, nor where he was. Then they speired what they were that came out of the field and passed to the ships in the float-boats. AVho answered and said, ' It was I and my brother, ready with the King to have waired our lives in his defence.' Then they said, ' Is he not in your ships ? ' Who answered, ' He is not : but would God he were there safely ; I should defend and keep him skaithless from all the treasonable traitors that have cruelly murdered him, for I think to see the day to see them hanged and drawn for their demerits.' " Then the Lords, seeing nothing of Captain Wood but despiteful answers and proud speakings, were not content therewith ; yet they durst not put hands on him to do him skaith, because of the Lords that were pledges for him ; for if they had done him any skaith, his brother would incontinent have hanged the pledges ; which, as it was, shaped narrowly, by reason of the long tarrying of the said captain. Therefore the Lords hasted away the captain to his ships, and inquired no more tidings of him. This being done, the Lords were delivered, and came-a-land again, that were pledges, who were right fleed ; and shew the Prince and the council, if they had holden Captain Wood any longer, they had been both hanged. At this the Prince and the Lords were very commoved, and desired certain ships of Leith to pass forth to the Firth incontinent, to take the said Captain Wood and bring him. And to this effect they called all the skippers and mariners of Leith before the council, to see which of 70 HISTORICAL NOTES CONCERNING them would take on hand to pass upon the said captain, and they should be furnisht with men, artillery, and victuals, upon the Prince and the Lords their expenses ; but the said skippers and mariners refused all ; but one Captain Bartyne answered liefore the council, and said that there were not ten ships in Scotland would give Captain Wood's two ships the combat ; for he was so well practised in war, and had such artillery and men, that it was hard dealing with him by sea or land." (Pitscottie, 94.) The Prince and the Lords considered " discretion the better part of valour," and, resolving to leave Captain Wood alone, they retired to Edinburgh to deliberate on the situation. This Captain Wood, who is better known as Sir Andrew Wood, was a merchant in Leith, and stood high in royal ftivour for his signal services, not to Leith alone, but to the country generally. His charter of Largo (which he had held in lease from 28th July 1477) was granted 18th March 1482, and his most eminent service was the defence of Dumbarton asjainst the English, apparently in the preceding year. He had charters of confirmation, exemption fi-om revocation, and grants of additional privileges, 21st March 1487-88, 27th July 1488, 20th February 1489-90, nth March 1490-91, 18th May 1491, and at several subsequent dates. {Exchequer Rolls, Nos. 272, 293 ; Reg. Mag. Sig., lib. x. No. 140, lib. xii. Xo. 15 ; Exchequer Rolls, No. 295 ; Reg. Mag. Sig., lib. xii. Nos. 303, 304.) It has been generally stated that he was alive in 1538. There can be no doubt, however, that he died between Whitsunday and Mar- tinmas 1515, as appears from the following item in the account of the chamberlain of Fife, 2nd August LEITH AND ITS ANTIQUITIES 71 1514 to 7tli August 1516 :— " And to the late Andrew Wod, knight, in his fee, who receives twenty pounds yearly, from the term of Pentecost of the year fifteen hundred and fourteen, and of St. Martins of the same year, and of Pentecost of the year fifteen hundred and fifteen, amounting to thirty pounds remitted to the same by special precept of the Lord Regent, the clerk of the register witnessing the precept in respect of the count from the said terms, xx li. . . . xxx h." {Exchequer Rolls, vol. xiv. p. 160.) " And to the late AndrcAv Wod, knight, who was wont to receive in his fee £20 yearly, to the widow of the said Sir Andrew, were remitted by the Lord Regent, the clerk of the register witnessing the remission upon the account, for the year of the account only . . . xx li." (Excheqrier Bolls, vol. xiv. p. 170.) It was therefore his son who was present at the battle of Linlithgow Bridge, and was included in the remission granted 20th July 1538. He is not to be confounded with Andrew AVood whose name occurs frecpiently in the accounts as usher of the King's chamber-door in the household of James III. and°James IV. The latter was also a highly-trusted servant, and had a grant of the lands of Balbegno, 26th June 1488, and of Fettercairn and Aberluthnot, 10th March 1498-99. {Key. Mag. Sig., lib. xii. No. 10 ; Reg. Sec. Sig., lib. i. fol. 79.) He was appointed receiver of the rents of the thanage of Fettercairn in 1488, and is designed of Blairtoun, 16th July 1489. {Exchequer Rolls, vol. xiv. No. 295.) On the 3rd of August 1488 James IV. "passed to Leith " to see certain Danish ships then in the port, when, to his credit, he remembered that the sailors did not like to pipe their watches with dry whistles, so his Majesty favoured them with a small royal " tip " to pro- 72 HISTORICAL NOTES CONCERNING cure the needful refreshment. The entry appears in the accounts thus : — " a.d. 1488. Item, the saim da the king- passed to Leytht and saw the Ueuss schippis, to the ser- vaiidis of the schip in drink siluer, ix li. Item, the xix da of October, quhen the king come fra Leytht, to him- self X li." He had already given £2.50 to the captain a few days before at Stirling. These ships probably had on board Junker Gerhard, — the " Yong Kere Garde," or " Yonk Gherard " of the accounts, — uncle of John I., the reigning King of Denmark, and granduncle of King James, who arrived in Scotland about this time. About the beginning of August 1489 the accounts note the capture of a Danish pirate, Lutkyn Mere, who had for some time so infested the North Sea that the late Parliament, in appointing an embassy to proceed to Denmark for the renewal of the alliance between the countries, had ordained also " that justice be askit of Luthkin Mere and his complices, quhilkis has done hevy injuries within our souerane lordis watters." It is probably to one of his exploits that reference is made when the King, on the 10th of July, gave £100 " to the Fransche men that had thare schippis and gudis takin be the Deuss men." He and a number of his people were at length captured and brought to Leith. They were conveyed to Stirling by a powerful escort, probably for trial, and thirty-six of them were afterwards brought back to Edinburgh to be "justyfiit." The entry appears in the Lord High Treasurer's ac- counts thus : — "a.d. 1489. Item, for the costis maide in Edinburgh vpon xxxvj of his folkis that wes takin in Leytht ay quhill thai wer justyfiit . . . xxxvj li." The trade of Leith, like that of other ports and towns throughout Scotland, suffered by the constant wars which were waged with England. In the year o LEITH AND ITS ANTIQUITIES 73 1489 several English ships sailed into the Firth of Forth and despoiled merchandise, seized passengers, and otherwise disturbed the mercantile and shipping interest. Recourse was had to Captain AVood, who had in the meantime been knighted. Lindsay of Pitscottie refers to this in the following terms : — "In the same year (1489) certain English ships came in our firth, and spoiled the merchants, and our friends, that came in our waters. Of this the King and Council thought great e^-il, and desired affectuously to be revenged thereof, upon the said Englishmen ; but they could get no man nor masters of ships, mariners nor shippers, that would take in hand to pass forth upon the said enemies : till, at last, they sent for Sir Andrew Wood, knicfht of Largo, and desired him to pass forth upon the said Englishmen ; and to that effect he should be well furnished with men and artillery : and, further, he should have the King's favour greatly, and be rewarded largely for his travel and labours. Of this desire the said Sir Andrew Wood was well content, and past forth to the Firth well manned, with two ships, to pass upon the said English- men, whom he foregatheres withal immediately before the Castle of Dunbar, where they fought long together with uncertain victory : for Sir Andrew Wood, haeing but two ships, as foresaid, called the Yellow Carvel and the Flower ; the King of England's ships were five in number, with great artillery. Yet, notwithstanding, the Scottish ships prevailed at length, and that by the wisdom and manhood of their captain, which took all the five English ships, and brought them to Leith as prisoners, and delivered their captain to the King's Grace and Council. For the which victorious and manly act, the captain, Sir Andrew Wood, was well 74 HISTORICAL NOTES CONCERNING rewarded by the King's Grace and Council, and liolden in great estimation thereafter with the nolnlity of Scot- land." (Pitscottie, p. 100.) He was created admiral of the high seas to His ^lajesty King James IV. How the people in Leith lived at all it is somewhat difficult to see. They must have been constantly en- gaged in evading and defying these most oppressive and unjust ordinances and resolutions passed by the Town Council of Edinburgh. That body resisted all the efforts of the Leith people to obtain a livelihood, and, by way of persecuting this recalcitrant town, they resolved in 1490 that they would not hold a court there until reformation and just rules prevailed. The following is the ordinance : — 1st February 1490. — " It is statute and ordanit that fra this thyme furth, thair be na watter court haldin within the burgh but in Leyth vnto the tyme that the reformatiouu and the good rewle may be had and brocht in vpoun the inormiteis, iniuries, and usurpatioun maid and vsit be thame in Leith vpoun the fredome of the towne and quhat tymes and quhensumeuir the Counsale of the town fyndis iuiuries and vsurpatioun vsit vpoun the townis fredome that all the ueichtbouris and all deikvnis with thair craftismeu be reddydaylie quhcn thai ar chairgit to be the Pro vest and Bailies, be reddy to pas with thame to Leyth, for the haldin of the watter court for reforming of iniuries done aganis thair fredome, vuder the payne of ane vnlaw of viij s. to be raisit and vnforgevin, and that the commoun soyt roll be red in Leyth, and he that is absent without lawfull caus to be pvnisit be the said vnlaw of viij s. ilk court." At the same time the Council made a statute for the common good of Edinburgh, providing for the careful purchase and distribution of victuals and timber LEITH AND ITS ANTIQUITIES 75 among the inhabitants of their city, at a fair and reasonable price. As usual, however, special prohibi- tions and reo;ulations had to be made regardina; the unfortunate inhabitants of the town of Leith. The ordinance deals with the compulsory purchase of " any vittalis or tymmer " coming to Leith, and renews the prohibition of any commercial relations between the citizens of Edinburgh and that town. It is as follows : — " Statutum tangens commune bonum. Item, it is statute and ordanit be the prouest, baillies, counsali, and deikynis of the craftis for the commoun profteitt of the towne and iuhabiteris thairof, that in tyme to cum at the entrie of all schips bringand in any vittaillis or tymmer at the port of Leyth, that the thesaurer of the towne that happius to be for the tyme proffer a godis penny, and bye the same vpoun a competent pryce gif he can to the behuif, vtility, and proffeit of the neichtbouris of the towne, and gif any of thame byes the sam in greitt mair than accordes for his awiu sustentatioun and vse to sell or euir he resave or sell any of the saidis vittaillis or tymmer, the byaris sail compeir in presens of the prouest, baillies, and coun- sali, and thair declair be his greitt ayth of quhat pryce he bocht the saidis vitaillis or tymmer, and incontinent thairafter they sail caus the belman with the handbell pas throw the towne wairnand all nichtbouris that sic vittaillis and tymmer ar to sell of sic a pryce, and than the byares thairof in greitt sail tap and sell the samyn to the nichtbouris of the towne, sum laid, sum half-laid, as accordis for thair sustentatioun or for thair biggings the tymmer of the sam pryce that thai bocht it of and thai that byes the same in small thai sell mak fayth that it is to thair awin vse, and noclit to regraitt agane, and heirvpoun the byares in greitt sail remayn 76 HISTORICAL NOTES CONCERNING tliris viij ilayes redy dclyuerand to all niclitbouris for the payment and pryce aboue writtin, and gif thai failyie heirintill, and the first byares brekis in ony of thir thingis aboue writtin or sellis nocht the saidis vittaillis or tymmer of the samyn pryce as thai bocht the sam it beand previt with ij persouns, thai sail pay to the kirk-werk of St. Gele x li. Ijut favoures. Item, that na niclitbour of the toune take ony owte marrow and spcciallie of thame dwelland in Loyth, in felow- ship with him in ony merchandice bying or deling vnder the payne of the payment of v li. to the said kirk-wark, but favoures to be raisit, and that na in- dwellar in Leyth bye ony sic vittaillis or tymmer in greitt bot fra the fremen of the towne vnder the payne of escheitt of the guds that beis bocht be thame. Vther- wayes to be raisit and inbrocht to the said kirk-wark." Though the inhabitants of Leith were thus seri- ously oppressed by the Corporation of Edinburgh, they were frequently favoured by visits of the King. No doubt, the fact of a King's palace being at Leith, as well as the royal arsenal, would take the King re- peatedly to the port. He seems, moreover, to have had considerable confidence in the natives, as appears from some of the entries in the accounts. Thus : "a.d. 1490. Item, on Fryday the xxj° May, quhen the King past in a boyt fra Leytht to May, til himself, xx'' angellis .... xxiiij li. "a.d. 1491. Item, on Fryday the iiij" Jvne, quhen the King past owre the water at Leythe, send him with Jame Dog, xx'' vnicornis . . . xviij li. "a.d. 1491. In primis, the secund day of Marche, send with George Home to the King when he past to se the schippis in Leythe, xx" vnicornis ...... xviii li." LEITH AXD ITS ANTIQUITIES 77 CHAPTER VII ST. Mary's church, south leith Towards the close of the fifteenth century, probably about 1483, St. Mary's Church at Leith appears to have been erected; but notwithstanding its large size — what now remains being only a small portion of the original edifice — there is not any record to show by whom it was founded. The earliest known notice of it is in 1490, when a contribution of an annual rent is made " by Peter Falconer in Leith to a chaplain in St. Peter's Altar, situat in the Virgin Mary Kirk in Leith." Similar grants are conferred on the chaplains of St. Bartholomew's and St. Barbara's Altars, the latest of which is dated 8th July 1499— the same year in wdiich the record of the Benefactors of the neighbouring preceptory is brought to a close. James IV., w^hen in Arran, sent an offering to St. Mary of South Leith—" the new kirk of Leith." The entry in the Lord High Treasurer's accounts is as follows : — "March 1487. Item, to the [ue]w kyrk of Leith to our Ladie, xviijs." In a charter dated 17th July 1490 it is called " Nova Ecclesia Beate Marie situata in Leith." {Reg. Mag. Sig.,Yih. xii. No. 259.) Appx. 24. Maitland says: "Though I cannot ascertain the time of the chapel's being first built at Leith, yet it must have been before the year 1495, for then there seems to 78 HISTORICAL NOTES CONCERNING have been considerable church work carried on at Leith. Now, whether this was the foundation of the chapel, or a rebuilding or enlargement, I cannot ascertain, though I take the last to be the most j)robable, and that the work carried on at that time must either have been the erection of the choir at tlie eastern end (which was demolished by the English army in 1543), or the side buildings or aisles, which plainly appear to be additional " (p. 494). AVith reference to tlie demolition, "Wilson saj's : "Maitland and Chalmers, as well as all succeeding writers, agree in assigning the destruction of the choir and transepts of St. Mary's Church to the English invaders under the Earl of Hertford in 1544." No other evidence, however, exists in support of this than the general inference deducible from the burning of Leith l>y the English, immediately before their embarkation — a procedure which, unless accompanied by more violent modes of destruction, must have left the remainder of the church in the same condition in which the nave still exists. Such evidence as may still be gleaned from contemporary writers leaves little reason to doubt that it was not demolished until the siege of Leith in 1560, when it was subjected to much more destruction than could be inflicted by the invaders' torch. It stood directly exposed to the fire of the English batteries, cast up on the neighbouring downs, and of these some remains are still left. " In this meintyme," says Bishop Lesley, " the Inglismen lying encamped upoun the south est syd of the toun, besyd Mount Pellam, schot many gret schottis of caunonis and gret ordinances, at the parrishe kirk of Leyth, and Sanct Anthonis steple, quhilk was fortefiit with mounted artailyerie thairupon be the Frenchmen, and LEITH AND ITS ANTIQUITIES 79 brak doun the same." An anonymous historian of the same period relates still more explicitly : " The 15th of April, the fort wes cast and performed, scituate upon the clay-hills, east from the Kirk of Leith, about twee fflight shott, where the greate ordinance being placed, they l^egauue to shoote at St. Antouyes steeple in Leith, upon the which steeple the Frenchmen had mounted some artillerie, which wes verie noisome to the campe, bot within few howers after, the said steeple was broken and shott downe, likewise they shott downe some part of the east end of the Kirk of Leith." Dr. Robertson also seems inclined to concur in this view, and it seems to be borne out to some extent by the following letter written by Sir Thomas Fisher to the Lord Protector of England, 11th October 1548: — " Having had libertie to walke abroad in the town of Edenbroughe, with his taker, and sometymes betwix that and Leghe, he telleth that Legh is entrenched round about, and that, besides a bulwarke made by the haven syde near the sea, on the ground where the chapelle stode (St. Nicholas, now the Citadel), which I suppose your Grace remembereth, there is another o'reater bulwarke made on the mane o-round at the gret churche standing at the upper end of the town towardes Edenbroughe." (Cott. MS. Maitland Cluh.) This is further corroborated by the f;ict that Hertford in his second invasion confined the Earl of Huntly and other prisoners in St. Mary's Church. During the second investment of Leith, when held by the French, on 14th April 1560, being Easter Sunday, the English army kept up a constant fire upon the town, one of the chief objects of their onslaught l:)eing St. Mary's Church. The people at the time were assembled for worship, when, during the celebration of high mass, 80 HISTORICAL NOTES CONCERNING and immediately before the elevation of the host, a bullet was shot through the great east window, passing right over the altar. There can be little doubt, there- fore, that this is the date of the destruction. As to wliat remained, ^laitland says : " I am of opinion that the central or middle aisle of the present church with the steeple were the ancient chapel, which I think is plainly to be seen by the side buildings, which I take to have been added when the said chapel was made parochial, for the better accommodation of the numerous auditory ; and that the choir at the eastern end was then demolished, as Ijeing of little or no use since the abolition of Popery. Be that as it will, this large church, which is handsome and well contrived in the inside, was the same on the outside till the year 1746, by its being decorated with five beautiful stonern jamb windows on each side thereof ; which, being found hurtful to the said roof, were taken down in the years 1747 and 1748, whereby the said church is deprived of its greatest external ornament " (p. 494). There probably was a spire on the ancient church, but the steeple was erected about the year 1674, and the clock added about the year 1681. The expense of building the steeple was defrayed by laying the town under contribution. When the clock was put up in 1681, there were three bells of dift'erent sizes hung in the steeple. These, by order of the kirk session, were appointed to be rung as follows : — The great bell to be rung at five in the morning, and at eight o'clock at night. For sermou, the smallest bell to Ije tolled for the first warning, the next in size for the second, and all the three for the third. In 1609 St. Mary's Church was constituted by Act LEITH AND ITS ANTIQUITIES 81 of Parliament the parish church of the district, iu place of Restalrig, which had become ruinous, and St. Mary's acquired the revenues and pertinents of that church. On the front of the church, a little below the clock, there was a small oblong stone in bas-relief, surrounded with a projecting imitation of framework, on which, apparently well executed, was carved the royal arms of Scotland, and above the door of the porch on the north side of the church there appeared the date 1615. This may either apply to the porch or the building. On a beam under the north-west gallery of St. Mary's Church, Leith, there was for long to be seen, in carved and gilded raised letters, the inscription, "For the Craig end, 1G52," Craig end being the former name of Calton, forming the boundary of South Leith parish. It was removed during the alterations in 1848, and Dr. Robertson obtained possession of it. This is the church where the celebrated David Lindsay officiated, one of the early, and among the few deserving, favourites of James VL In 1655 Major Pearson, the Cromwellian town- major of the garrison of Leith, went to James Stevenson, church treasurer, by order of Timothy Wilkes, governor-depute under the Commonwealth, and demanded the keys of the church from him, intimating that the governor would not suffer any Scots minister to preach there until further orders. The church was accordingly shut up. In the month of May the parishioners presented a petition to the deputy- governor, to restore their church to them. Up till the month of August following, however, their request was not complied with, for iu that month they requested the governor to order the ports to be opened on the VOL. I. — 6 82 HISTORICAL NOTES CONCERNING Sabbath day, from seven o'clock in the moruing till two in the afternoon, to let the people get to the Links to hear divine service, which had been performed there every Sunday from the time the church had been shut up. A petition to the Protector himself was sent up entreating him to restore the church, representing that they had no other place to meet in but the open fields. This petition was drawn up by James Hogg, who was then minister of the parish, but what success attended it does not appear. Dr. Eobertson says, however, that there are indications that Oliver's own chaplains and even his officers conducted service in South Leith Church. In 1848, while Mr. George Adiuston M'Laren was provost of Leith, and a member of South Leith Church, it was repaired and altered. The architect superin- tending the restoration was Mr. Thomas Hamilton. A new square tower, terminating in a richly cusped, open Gothic balustrade, was erected on the north-west corner, and around the building were placed buttresses finished with crocketed finials. AVilson says : "St. Mary's Church as it existed at the time our drawing was made, showed at the east end two of the four great central pillars of the church, and was otherwise finished by constructing a window in the upper part of the west arch of the central tower, much in the same style as was adopted in converting the nave of Holyrood Abbey into a parish church. The date 1614, which was cut on the east gable, probably marked the period at which the ruins of the choir were entirely cleared away. The side aisles appear, for the most part, to be the work of the same period. A range of five dormer windows was constructed at that date above both the centre and side aisles, and, though a novel addition to a Gothic church, must have had a s o 5- t-' - 5 "5- X f re »■ r. ~ X s X X- X LEITH AND ITS ANTIQUITIES 83 very picturesque aud rich eti'ect. The whole of these, with the exception of the two western ones on the south side of the church, were taken down in 1747," (vol. ii. p. 193), and the remaining ones were removed in 1847, along with the east and west cables of the church. By the removal of the high-pitched roof of the side aisles there was brought to light a range of very neat square-headed clere.«.tory windows, which had SOrTH I.EUII TAUISH rUl'RCU ABOUT ISIS. remained concealed for upwards of two centuries, and which have been retained in the restored building. The alterations w^ere made during the pastorate of Dr. Stevenson, and the cost of efiecting them was borne by members of the congregation — notably Mr. Alexander AVhyte, jMr. John Robertson, Mr. Adinston M'Laren, and by Dr. Stevenson's father-in-law, Mr. James Duncan, who personally bore the expense of extensive •work upon the external fabric. 84 HISTORICAL NOTES CONCERXING The hand of the restorer has during the last fifteen years been again at work on this interesting old church, which is now one of the most l)eautiful ecclesiastical buildings in Scotland. The pulpit, which was an old " three-decker," has given place to an exquisite ala- baster and marble pulpit, — one of the finest to be found out of Italy, — of hexagonal shape, with marl)le figures of the four Evangelists and of the Good Shepherd on five of the panels, while the sixth side forms the entrance to the pulpit, w^hich rests against the second pillar of the church. This pulpit is of the richest workmanship, and was a gift to the church by Charles Combe, Es([. The massive polished marble communion-table was the gift of the Eev. Dr. Mitchell, the present able and popular minister of the parish. The stained-glass windows round the church are all memorial windows to distinguished citizens or esteemed members of the church. There are memorial windows to Provost M'Laren, Provost Hutchison, Provost Taylor, and Provost Watt; to Sir William Miller, M.P.; to Dr. Combe; to Mungo Gibson, Esq., shipowner, an elder of the church ; to William Thomson, Esq., a pro- minent citizen, and his wife ; to Mrs. Maclagan, wife of J. T. ^Maclagan, a much respected elder of the church ; to Miss jMarsliall, one of the most devoted workers in the congregation ; and to Mrs. Jordan, mother of John Jordan, Esq., one of the most generous citizens of Leith, and one of the most liberal members of the congregation. The large west window is a memorial window erected to the memory of Dr. Struthers by his patients and fellow-townsmen ; while the corresponding large east window, being a representation of Leonardo da Vinci's Last Supper, was the contribution of the congregation to complete the series. Each of these last two LEITH AND ITS ANTIQUITIES 85 windows cost about £450. The organ, which was built by Messrs. Briudley & Foster, Sheffield, is one of the finest organs in Scotland. It cost about £1400. There are few buildings better fitted than the parish church of South Leith to excite the devotional feelings of those who come within its walls. 86 HISTORICAL NOTES CONCERNING CHAPTER VIII CHAPEL8 IN NORTH LEITH — ST. NINIAN AND ST. NICHOLAS The religious welfare of the inhabitants of North Leith seems, also in very early times, to have received great attention. In 1493 Eobert Bellenden, an abbot of Holyrood Abbey, because divers houses had been erected in this place, resolved to build a chapel for the accommodation of the inhabitants. He obtained the consent of the chapter of Holyrood Abbey and William Archbishop of St. Andrews to found a chapel in North Leith and dedicate it to St. Ninian. St. Ninian was popular in Scotland, and a large number of chapels were dedicated to him. The chapel was built at the northern end of the Bridge of Leith. The abbot, however, seems to have had reasons, other than the religious welfare of the people, for found- ing this chapel, which he states in the chai-ter, in rather a quaint way, was for " the honour of God, the Virgin Mary, and St. Ninian, and for the salvation of the souls of the late King James III. and Margaret, his consort ; for the prosperity of the reigning King, James IV., and for the salvation of the souls of their predecessors and successors ; for the soul of the said William Archbishop of St. Andrews, and those of his predecessors and successors ; for the founder's own LEITH AND ITS ANTIQUITIES 87 soul, and those of his father and mother ; for the souls of the abbots, his predecessors and successors ; for the souls of all those to whom he was any way indebted or had any way offended ; and for the souls of all the faithful and deceased saints." " He appointed two chaplains to officiate in the said chapel, who were yearly to receive all the profits arising out of a house or tenement erected by the founder, at the southern end of the Bridge of Leith, and four pounds yearly out of other lands or tenements in South Leith, out of which was appropriated the yearly sum of fifteen marks Scottish to each of the said chaplains as their respective stipends ; and the surplus of the money and profits arising out of the said lands or tenements ; o2"erings made in the said chapel, and tolls or duties arising from the said Bridge of Leith, to be employed in repairing the said chapel, bridge, and tenement, and for lighting the said chapel, and the surplus to be given to the poor. This charter was confirmed by King James IV. on the first day of January in the year 1493." See Appx., etc., 25. Dr. Eobertson says regarding this : — " The charter of David L, 1128, is quoted in full in the grant by Eobert Bellenden in 1493, when he built the chapel, and in this charter it is expressly stipulated, after enumerating tithes, tolls of bridge, etc., ' that the stipend of each of the two incumbents is to be limited to fifteen merks, and, after repairs of the said bridge and chapel, and lighting the same, the surplus to be given to the poor.' A stipulation in the foundation charter supplies an amusing commentary on the morality of the clergy of that time. ' If either of the aforesaid chaplains keep a lass or con- cubine in an open and notorious manner, he shall be 88 HISTORICAL NOTES CONCERNING degraded.' The stipends allowed to these chaplains would not go far towards indulgence in such a luxury. The King also seems to have taken a personal interest in the chapel, as appears from the following entry in the Lord High Treasurer's accounts : — " ' 1497, June. Item, giffin on the viij day of Junij, quhen the King was in Leith, to the preist of Sanct Ninianis Chapel, to say ane trentale of messis for the King, XX s.' Whether the following entry applies to the chapel or the King's Work is not very certain, though it is rather thought that it does : — ' Item (the viij day of Junij), giffin to Will Sinclar, for hetiug of the stovis in Leith, at the Kingis command, xviij s.' " " At the Reformation the abbacy of Holyrood was swept away, and the district being erected into a temporal lordship in favour of John Bothwell, with, all the privileges granted by King David, the inhabitants of North Leith purchased from him, then Lord Holyrood- house, ' the chapel of St. Niuian's, the chaplain's house, tithes of lands of Hillhouscfield, and of fish brought into the harbours of Leith and Newhaven.' The chapel had prol)al)ly suffered at the Reformation, and as, owing to the increase of the inhabitants, it had become insufficient for their accommodation, they thereafter rebuilt the chapel and chaplain's house (date in inscription, 1600 — but built earlier), and by Act of Parliament, 9th July 1609, 'procured the same to be erected into a parish.' The official record bears date 11th July 1606. Both, however, are still based on the original charter. The incumbent's stipend w-as then fixed at 800 merks, and in 1666, by decreet of aug- mentation, 400 merks were added, making a total of 1200 merks. The patronage was vested in the 'hail of the inhabitants,' and the surplus was ' to be given to LEITH AND ITS ANTIQUITIES 89 the poor.' The disposition, granted 11th June 1631, and confirmed by charter, Charles I., founding on the original grant and charter, bears, 'At Halyruidhous, 23°Jul.— The King with consent, etc., of William Earl of Mortoun, etc., treasurer, comptroller, etc., and of John Lord (Stewart of) Traquair, treasurer, comptroller, etc., has granted to Mr. David Forrester, minister at the North Church of the town of Leith, to Archibald Kincaid, treasurer of the said church, etc., and the rest of the elders, deacons, and kirk session, the neighbours and inhabitants of the same parish and their successors for the aid and support of the minister, reader, and schoolmaster at the said church and other general works and pious uses within the said parish inredeem- ably— the garbal tithes of the lands and acres called Hilhousfield near the town of Leith on the north side of the Water of the same (within the bounds specified) formerly in the parish of St. Cuthbertis, the barony and regality of Brochtoun near Edinburgh ; — which Mr. Wil. Chalmer, clerk of the Treasury, and Egidia Auchmouttie, his spouse (to whom they per- tained by letter of disposition of date 25 Aug. 1621, registered in the books of the Council, 18 June 1624, made to them by John Lord Halyruidhous, lord of the erection of the Abbey of the same, to which the said tithes had belonged) 16 July resigned b}^ procuratorial letters of date at Ediul)urgh and Canon- gate, 3 and 4 May 1631, by instrument received in the hands of Mr. James INIurray, notary public ;— also the tithes of fishes of Leith and Newheavin of whatever kind; which the said Lord Halyruidhous, 16 Jul. 1631 resigned by procuratorial letters of date at Halyruidhous, 11 Jul. 1631 by instrument received in the hands of Mr. James Murray, notary pul)lic:— 90 HISTORICAL NOTES CONCERNING REDDENDO two pennies hleneli farm. — Witnesses, James Marquis of Hammiltoun, etc., George Viscount of Dupline, etc., William Earl Marshal, Lord Keith, Tlionias Earl of Haddingtoun, etc.'" (Liii. 69. Reg. Mag. Sig. Vol. a.d. 1620-1633 ; p. 622, No. 1820.) The ground on which the chapel and the ncigh- l)ouring tenements were erected is styled in a charter of Queen ilary, dated 1569, " the liberty of the north side of tlie Water of Leith, commonly called Rude- side," a term attributable to its connection with the abbey of Holyrood. Apjyx., etc., 26. The remains of the chapel still occupy the ancient site on the banks of the Water of Leith, but very little of the original struc- ture is in existence, probably no more than a meagre portion of the basement wall on the north side, where a small doorway, with an elliptical arch, appears, now built up, and partly sunk into the ground. The re- mainder of the structure cannot be earlier than the close of the sixteenth century, and the date on the steeple is ■ 1675. A large sculptured lintel, belonging to the edi- fice, has been rebuilt into a more modern tower of the church, erected apparently in the reign of Queen Anne. By the charter of Queen Mary, which confirmed the rights that had been purchased by the inhabitants from Lord Holyroodhouse, the chapel of St. Ninian was erected into a church for the district of North Leith, and endowed with sundry annual rents, and LEITH AND ITS ANTIQUITIES 91 other ecclesiastical property, including the neighbouring chapel and hospital of St. Nicholas and their endow- ments. An Act of Parliament was obtained in 1606, ST. SIXIAX's CHAPEL ABOUT 1819. IFram apicture by Robert Askas, Esij., Architect, Leith, in possession of the Session of Junction Boad U.I'. Church.} creating North Leith a separate and independent parish, and appointing the chapel to be called in all time coming the "parish Kirk of Leith benorth the brig." 92 HISTORICAL NOTES CONCERNING Dr. Robertson says that when Dr. David Johnston was called to be minister of North Leith, he entered into an arrangement with the session, without any con- sent on the part of the inhabitants, by which he vested himself and his session as trustees of the parish in the management of the funds. In 1812, when the new church of North Leith was being liuilt, the session and incorporations, on the assumption of this agreement, entered into a mutual engagement, the grounds whereof were revived so recently as 1828, when a submission was made to Sir James (afterwards Lord) Moncreiff, then Dean of Faculty, who gave an opinion that matters should not be disturbed, assuming the arrangement to be binding on the parties at the time ; and such is the position of matters at the present day. The increasing importance of North Leith led to the erection of what is now its jjarish church, which will be considered later on ; and when it was l)uilt, this interesting historical building was let in 1819 to the United Secession Church of North Leith, to which Dr. Harper was inducted as minister in Fe])ruary of that year. He preached there till the new church was erected in Coburg Street, and in 1822 the Relief Church, now Junction Street United Presbyterian Church, rented St. Ninian's for £50 per annum. Here Dr. Francis Muir was ordained, and preached till 1825, when the congregation removed to Junction Street. St. Ninian's was then converted into a granary. At the present time, what remains of this structure is used as a paint and colour work. Notwithstanding its desecration, it still wears, externally at least, an ecclesiastical air, and it is to be hoped that it will be long ere the rude hand of modern Vandalism obliterates this venerable characteristic. St. Xinian's Chi'rch. North Leith. {Reproduced from a painting in (he possession 0/ Thonuis llaVf Esq., J. P., Leitk.) LEITH AND ITS ANTIQUITIES 93 The Hospital and Chapel of St. Nicholas were most probably founded at a later date than Abbot Bellenden's chapel, as the reasons assigned by the founder for the building of the latter seem to imply that the inhabitants were without any accessible place of worship. Probably the neighbouring cemetery was also made at the same time. Nothing definite, how- ever, is known of their origin. From the circumstance of the church in the Citadel having been dedicated to St. Nicholas, the patron saint of seamen, we may infer that Leith at a very early period existed as a seaport town. St. Nicholas was summoned to the celebrated Council of Nice, A.D. 325, and died in the city of Myra the following year. He was, shortly after that early date, assumed as patron saint of Venice and numerous other seaports. He is pictorially represented with an anchor at his side and a ship in the distance. In another instance as the patron of commerce : "A seaport with ships in the distance, in front a number of sacks of corn, men employed in measuring it out or carrying it away. St. Nicholas in his episcopal robes stands by as directing the whole." Or in another illustration : " The storm at sea, seamen on board a sinking vessel. St. Nicholas appears as a vision above ; in one hand he holds a lighted taper, with the other he appears to direct the course of the vessel." ( Vide Mrs. Jamieson's very interesting work, Sacred and Legendary Art, vol. xi. p. 72. Longman, 1848.) In 1569 the bailies and community of the burgh of Canongate granted a charter in favour of the inhabitants of North Leith, disponing to them, in consideration of a yearly feu-duty of fifty-three shillings and fourpence Scots money, to be applied to 94 HISTORICAL NOTES CONCERNINQ the procuring all things necessary for the celebration of the Lord's Supper in the church of St. Ninian's, " all and singular chapels, lands, tenements, buildings, and annual rents thereof, tofts, crofts, yards, yearly duties, and all others, with the pertinents belonging to the said chapels lying within the liberty of the north side of the Water of Leith, commonly called Rude- side, and more especially the chapels situated there, called St. Ninian's Chapel, at the bridge end thereof, and the chapel called St. Nicholas Chapel, with their pertinents, infeftments, etc. etc., and all and sundrie annual rents upliftable out of whatsoever houses, lands, and tenements within the said town on both sides of the water thereof, in the royalty of the monastery of Holy Cross, etc." It has been stated that the chapel was destroyed by Hertford in his first invasion. This cannot be correct. The charter here referred to is evidence to the contrary, and there can be no doubt that General Monk destroyed the chapel of St. Nicholas at the Citadel, and used the site for the erection of the fortifications. In the records of Heriot's Hospital it is stated that the Town Council on 6th April 1673 "unanimously understood that the kirk of the Citadel and all that is therein, to the timber seats, steeple, stone and glass work, to be made use of and used to the best avail for i-eparation of the Hospital chapel, and ordainis the treasurer of the Hospital to see the samyn done with all conveniency." Maitland says that "the handsome stonern bridge, consisting of three arches, which unites the southern and northern parts of Leith, appears to have been founded by Robert Balantyne, abbot of the monastery of Holyroodhouse, near Edinburgh, about the year 1493 ; for in his charter of foundation of the chapel of LEITH AND ITS ANTIQUITIES 95 St. Ninian, at the northern end of the said bridge, he orders the profits of all the land or tenement, offerings made in the said chapel and tolls of the said bridge, to be employed in repairing the said chapel, bridge," etc. (p. 498). The abl)ot of Holyrood held a right of levying tolls in respect of this bridge, and it was stipulated that these were to be applied in repairing the bridge and the chapel of St. Ninian's. Part of its piers are still in existence ; and the bridge itself, to have been constructed at so early a period, was a neat and beautiful specimen of a small bridge. 96 HISTORICAL NOTES CONCERNING CHAPTER IX TRADE IN LEITH AT THE CLOSE OF THE FIFTEENTH CENTURY Towards the end of the fifteenth century a certain feeling in favour of free trade seems to have sprung up, for in an Act passed in the Parliament of King James IV., 26th June 1491, it is provided: " Item, anent the complaint maid upon the taking of multure of the flowre, thatcum- mis furth of uther landes to the Porte and Haven of Leith ; It is thocht expedient, advised, and ordained, that all sik statutes sail cease unto the nixt Parliament : And that there l)e na multure taken for sik flowre in times to cum, nor of the flowre that cummis to the mercat, hot that it may cum to the mercat, and be sauld with multure, or ony uther new taxation, that was used to be taken of befoir : And that all men be free to bring and sell victual, all the dales of the oulke, alsweill as on the mercat-day : And this acte to be observed and keiped in all Burrowes of the Realme." As before stated, the merchandise imported into and exported from Leith was liable to certain duties. Customs and excise duties have never been very popular ; and even down to modern times, when these are much fewer in number, many attempts are made to evade payment of them. The ingenuity of the Lords of Council was sorely taxed to circumvent those LEITH AND ITS ANTIQUITIES 97 who evaded the duties. They hit upon the expedient of making the landlords of the inns responsible, not only for the duties, but also for the doings of their guests, as appears from the following : — " Act of Parliament of James IV., passed in May 1493. It is advised be the Lordes of the Artickles, that for the defraud done to our Soueraine Lorde in his customes be strangers, and alienaris of uther Eealmes, quhilkis cummis to this Realme, and takis their ludging and innes in the Towne of Leith, and at uther Portes of the Eealme, and chargis their gudes to the Sea, and uthers their merchandice, not payand their customes and dewties to our Soveraine Lord, in that wise that their gudes ar un-entred, as effeiris, nor their Mer- chandice schawen to the customers, and Clerkes of the Cockquet ; It is statute and ordained, that in time to-cum, quhen ony Schip of alienaris, or strangers of uther Realmes, cummis to the Haven of Leith, or ony uther Porte within the Realme : The maister of mer- chandes of the saide schip sail tak his ludging and innes in the principal towne of the said porte, and enter their gudes, as effeiris. And to charge na gudes nor Merchandice to the Sea, quhill it be scene be the customers and clerks of the cockquet, quhat gudes and Merchandice they send to the Sea, and the customes and dewties payed therefore : And the hoast of the Innes quhair the said strangers are ludged, sail answere to the King for their customes and dewties, gif the said strangers passis away un-customed : And the said hoast sail give compt to the Kingis Ofticiares and customers, quhat gudes he hes foorth, effeiring to the quantitie of the gudes that he entered : Sa that it sail be clearly understandin, that he have away merchandice, and na money. And gif ony beis foundin breaking this VOL. I. — 7 98 HISTORICAL NOTES CONCERNIKG statute, takand the money away, all the said money and his uther gudes, sail be the Burgesses escheit. And that the Kingis Hienesse depute searchoures thereto, quhilkis sail searche the samin, as they will stand therefore to his Hienesse, and his Estaites." It is to be feared that inn and hotel keepers would neither make very good nor very willing custom- house or excise officers. This Act, however, gives us an idea of the manners of the times, and how trade was hampered by vexatious and burdensome duties, and still more so by the very absurd and impracticable methods of collecting these. Probably in 1493 a much better state of things ought not to be expected, but it contrasts in a remarkable way with the system which prevails to-day. During the reign of James IV. Edinburgh became celebrated throughout Europe as the scene of knightly feats of arms. " In this country," says Arnot, "tournaments are of great antiquity; they were held in Edinburgh in the reign of William the Lion, and in those of many of the succeeding princes. The valley of low ground lying between the wester road to Leith and the rock at Lochend was bestowed by James II. on the community of Edinburgh, for the special purpose of holding tournaments and other martial sports." Here, most probably, the wapinschaws, which were of such constant recurrence at a later period, as well as such martial parades as were summoned l:)y civic authority, were held, unless in cases of actual prepara- tion for war, when the borough-muir seems to have been invariably the appointed place of rendezvous. The favourite scene of royal tournaments, however, was a spot of ground near the King's Stables, just below the castle wall. Here James the Fourth, in par- LEITH AND ITS ANTIQUITIES 99 ticular, often assembled his lords and barons, by pro- clamation, for jousting, offering such meeds of honour as a spear headed with gold, and the like favours, pre- sented to the victor by the King's own hand ; so that " the fame of his justing and turney spread throw all Europe, quhilk caused many errandknyghtis cum out of vther pairtes to Scotland to seik justing, becaus they hard of the kinglie fame of the Prince of Scot- land. But few or none of thame passed away vnmached, and oftymes overthrowne " (Wilson, i. p. 23). Though the King thus encouraged these knightly feats of arms and chivalrous manly sports, he did not neglect the proper protection and defence of the country. Scotland lived in an almost perpetual dread of war with England, and it was therefore necessary to keep the army in constant training. Leith, as the royal arsenal of the time, was a place of considerable activity in connection with the rude artillery of the period. There can be little doubt that a good deal of this activity was due to the determination of James to support the adventurer, Perkin Warbeck, by an expedition into England. Warlike preparations were now actively begun, and the accounts for the next two months are full of interesting notices of the making of guns, gun-chambers, close carts for ammuni- tion, " gun-stones," and gunpowder, gun-carts for the conveyance of the smaller guns, and the provision of all that was necessary for a great raid. The artillery, which was laid up at the King's work at Leith, in the castle of Edinburgh, and at the abbey of Holyrood, was brought forth to be inspected and put in repair. Bands of workmen were despatched to the woods of Melrose and of Irneside near Lin- 100 HISTORICAL NOTES CONCERNING dores, for the construction of carts, wLeels, and all articles of timber, while the King's forge at Leith was tasked to the full in i^reparing the ironwork required. New pavilions were made for the King, and John Prat, the painter, was employed to emblazon and gild the vanes of them, as well as the King's coat- armour. For the Duke of York, a banner of red and blue taifeta and a standard, both bearing his cognis- ance, were provided. The following entries in the treasurer's accounts afford a sample of the kind of work wliich was being carried on at Leith : — " A.D. 1496. Item, to the pynouris in Leith, for bering of xxxxij estland burdis to the bote, j" rachteris and xUij sparris ..... xx.x d. " Item, that samyn daj", to Will "Walker of Leith, for xxiij schort treis to be schethis to the cartis . xxiiij s. " Item, for carying of the Kingis cammas, to be his pailzounis, fra Leith to Edinburgh . . xij d. " Item, to Johne Lam of Leith, for gun chameris . iiij li. " Item, the xx day of Julij, giffin for having of tlie artailzerj f urth of the Kingis sellar in Leith to the Kingis Werk . . . . .iiij s. " Item, for iij mennis costis in Leith, rcsauaud the burdis out of the Spanzepris . . . ij s. " Aug. Item, to cartis, to cary the quhelis fra the Castel of Edinburgh to Leith, to the cartis and gunnys thar . . . . iij s. iiij d. " Item, for leding of ix'= knapholtis furth of Leilli to the Castel of Edinburgh . . . iij s. iiij d. " July. Item, for walking of the Kingis burdis in Leith XV nycht ...... xxx s. " Item, for a granatour to turs for the Kingis treis and burdis in Leith . . . . . ij s. " May. Item, to the pynouris of Leith, for bering, hous- ing, and putting in the botis, and stakking and gyrding of all this tymmyr abone writin . . xiij s. " Oct. Item, to the seriand of Leith, to rest the avnaris of the Cukow to the court . . . ij s. LEITH AND ITS ANTIQUITIES 101 " Item (the ix day of August), for a cart to cary cart lymmouris fra the Castel of Edinburgh to Leith ...... xviij d. " Item, for a waw and half a stane of irne to Johne Lam, to scho the quhelis that ar in Leith . . xxvj s. " Item, that samyn day, to cary iiij sparris fra Leith to be proppis to the hal of the Castel of Edinburgh . xvij d. " Item, for iij trei.s in Leith to the feys and schethis to the serpentyn cartis ... iij s. vj d. " Item, the xj day of September, giffin for walking of the gunnys in Leith . . . iiij s. iiij J. " Sept. Item (the first day of September), to Johne Lam of Leith, for xxxvj gunchameris, and for mykkis and bandis to the gunnys, and for irne grath to the bra.ssin gun, an for lokkis, fyngeris, and boltis to the bombartis that wer in Leith, and for wyrking of xxj (waw) of irne, quhilk was awand him at this day . . xviij li. xvj s. iiij d. " Item, for my costis in Leith layand furth the artailzery . . . . . . yj s. "Item, to Johne Lam of Leith, gurmar and smyth, for ij owkis wagis .... xxvj s. viij d " Item, to Colyn Smyth, his man . . . xiiij s. " Item, giffin to Johne Lam of Leith, in part of pay- ment of nalis to the spule thak of the werkhous and chapel in the Castel of Edinburgh . iij li. xij s." On the 12th of September the preparations for the raid were complete. The Laird of Hillhouse, John Sandilauds, who had charge of the artillery, had assembled his guns in Restalrig Meadow ready for the route. The master-gunners were, as usual, foreigners — men of the Low Countries — Hendrik and Hans. There was also a Frenchman named " Guyane " ; the rest were artificers — smiths, carpenters, and quarrymeu — trained also to work the guns. The following day the bellman was sent thrice through Edinburoh " for workmen to take wages." Carters, to the number of one hundred and forty-three, with one hundred and ninety-six 102 HISTORICAL NOTES CONCERNING horses, were liired for fourteen days' service, at a shilling a day for each man or horse, for the convey- ance of the guns, close carts, pavilions, and other stuff, and seventy-six men with sjiades and mattocks to clear a way for the artillery "in peththis and niyris." On the 14th, the King and the Duke of York having made their ofieriug in Holyrood, and ordered a trental of masses of Our Lady and St. Triduan of Eestalrig for the success of the enterprise, the army proceeded on its way towards Haddington. {Excheq. Rolls, I., Pre/., 139.) They marched to EUem, Init, finding their cause hopeless, ravaged the country and returned to Edinburgh on 8th October. While the King was thus busy in warfare, the Town Council of Edinburgh was carefully looking after its customs, and the other taxes and tolls which afforded the necessary ways and means for carrying on the work of the Corporation. An interesting ordin- ance appears, dated 18th July 1494, as to chartering ships. By Acts of Parliament of James the Third, 1467, cap. 4, and 1487, cap. 15, certain provisions were enacted regarding the freighting of ships, and following on these the Council passed an ordinance, which gives an instructive illustration of the manners and customs of the times regarding maritime affairs. " It is statut and ordauit be the Provest, Baillies, and Couusale of Edinburgh that in tyme cumming the frawchts of schips within the said burgh, and shipis passand in Flanders, Holland, and Zeyland, tak the commoun clerk to thame or his deputtis for to mak thair chairtour pairty, siclyke as is commandit be our Souerane Lordis Acts of Parliament, and that thai cans to be insert thairiutill specially the sek frawcht of the schip aboue fyve lastis of guids, and vnder that LEITH AND ITS ANTIQUITIES 103 birth of half sek frawcht to thair chaijjlane of St. Ninianes' altare in Bruges, and at the samyn be payit now to Mr. James Wawane, thair present chaiplane of the samyn for his tyme, and in like way is for the pay- ment of the tyne frawcht hamewart to St. Gelis wark after the tenour of the said Act of Parliament." This interference of the Edinburgh Town Council with the inhabitants of Leith was by no means of a limited character. That body not only claimed a right to regulate the affairs of the port and harbour, as well as the supervision and control of all goods coming in or going out of it, but also asserted an almost unlimited jurisdiction in all matters relating to the affairs of the town. The following is a good illustra- tion. It occurred on 27th February 1497-98 :— " The Baillies and Counsall ordanis the officeris to pas to Johne Cant, induellar in Leith, and command and charge him in the Kingis name and the townis to tak doun his corbell he hes furth for a stare to be biggit vpoun thair commoun streitt towart thair havin, with certifacatioun that if he do nocht that the said officeris tak thame doun incontinent, and he is wairnit heirto in jugement be the baillies." There cannot be any doubt that, through the conduct of the Town Council of Edinburgh, the in- habitants of Leith were driven to sore straits to earn a livelihood. Even after they had earned the where- withal to buy victuals, the difficulty of obtaining other necessaries of life still remained. Though Leith is not specially mentioned in the following ordinance, yet, since its inhabitants were always the chief sinners in the eyes of Edinburgh, they would, in all probability, be the parties referred to in the stringent ordinance of 10th August 1498. The ordinance is worthy of perusal : — 104 HISTORICAL NOTES CONCERNING " It is avisit tbocht expedient statute and ordainit be the provest, Sir Thomas Tod, Williame Carmichael, Thomas Chisbolme, and James Aikman, baillies, the hale counsall, with the avise and consent of the haill bodye of the toun, for the honour of our Soueranc Lord the King, tlie honestie and proffeit of this burgh to the intent and to eschew at thair guidlie power the diuers and mony bargainis and tulyeis in tyme to cum that hes bene commitit in tymes bygane vpoun the hie streittis within this toun, and vther pairtis thairof, throw the quhilkis syndrie slauchteris and vther vio- lences hese bene comraittit, that heirfor all and syndrie nichtbouris and inhabitantis of this toun in all pairtis thairof haue redy in thair buithis, baith merchandmen and craftsmen, fra this tyme furth besyde thaime thair defensabill geir, sic as jak sellet, burgandynis, glufis of plait, and ane hand ax or sword, or at the leist the said ax or sword, with sellit and glufis of plait, to relief thairwith and cum to thair provest, and baillies, and quarter-maisters incontinent quhane ony sic thingis occurris, and to pas with thair said officiaris thus bodin quhair it sail be thocht expedient to thame for the Kingis honour and defens of the heretage and priuilege of the toun als oft as neid beis, that heir throw guid reull may be had into the toun bayth day and nycht, and the ordour and priuileges thairof observit and kepit ; and quhat nychtbour that aperis nocht to his said officeris thus bodin as said is, he beand present in the toun, he sail pay xx li. to the kirk werk als oft as it hapinis ; and quhat nychtbour or indeueller that faltis and is nocht of substance to pay this XX li. he to be set ou the goif and thair haldin thrie dayis, and the cans of his goving descriuit in writt besyde him, and thairefter banneist the toun and LEITH AND ITS ANTIQUITIES 105 boundis thairof endurand the will of the provest, baillies, and counsall for the tyme ; and that ilk nycht- bour and indueller foirsaid haue this said furneist geir beside him in his buith, sic as he may furneis to, as accordis for his substance to haue, within viiij dayis nyxttocum ; certifeand thame that the officeris will gar serche the samyu, and quha sa beis ouertane, nocht haifand the samyn geir, sal pay the vnlaw viij s. als oft as it hapinis, and thir vnlawis and the said soumes of xx li. quhan thai happin to fall to be tane rasit and inbrocht to the kirkwark, but fauouris." About the year 1497 a disease known as Grand- gore or French Pox seems to have been prevalent, and, as it was infectious, the Government took steps to check its spread. The Privy Council accordingly ordered the Magistrates of Edinburgh to put in execution a proclamation for the eschewing of the great apparent danger of the infection of the lieges from a contagious sickness called the " Grandgore," and the great other skaith that may occur to the lieges within that burgh. The following is an excerpt from the proclamation, dated 22nd September 1497 : " We charge straitlie and com- mandis that all maner of personis being within the fredome of this burgh, quhilkis are infectit, or has bene infectit, and uncurit with this said contagious plage callit Grandgore, devoyd, red and pas furth of this toun, and compeir vpoun the Saudis of Leith, at ten houris befoir none, and thair sail thai haue, and fynd botis reddie iu the Havin ordainit to thame be the officaris of this burgh, reddely furneist with victuallis to have thame to the Inche, and thair to remane quhill God prouyde for thair health." It will be observed that the chief concern of the Privy Council was for the natives of Edinburgh. So 106 HISTORICAL NOTES CONCERNING far as regards Leitli, no provision is made, and the infected individuals might carry contagion throughout that town with impunity. The destination of these unfortunate infected people was Inchkeith, where the hospital accommodation could not l)ut have been of a very primitive kind, yet the poor "infects" were bound to go there under severe penalties. King James in the spring of 1497 renewed his former idea of an expedition into England. King Henry assumed an air of comparative indifference, and, affecting not to regard the scheme as hostile at all, opened negotiations for a renewal of a truce between the countries. The projected expedition may account for the active intercourse that went on between Edin- burgh, Leith, and Dunbar, illustrated by the following entries in the treasurer's accounts : — "a.d. 1497. Item, the xxij day of March, in Dunde, giffin to James Makysone of Leith, to the payment of the Kingis arras werk for Striuelin . . . xxvj li. xiij s. iiij d. " Feb. Item, to xij marinalis, or the marinalis of Leith com, for five dayis ; giffin thaim eucry day xij s. ; summa . . . . . ■ i'j 'i'-'- "April. Item, for bering of tua pipe of wyne of the King to the hous in Leith . . . viij d. " May. Item, for carrying of j° estland Imrd fra the Castel of Edinburgh to Leith, to haf to Dunbar vij s. vj d. " Item, to here the crukis of the irne zet of Dunbar fra the Castel of Edinburgh to Leith . . . iiij d. " Sept. Item, to here the tabernakle to Leith to send to Striuelin . . . . . • iij d." On 5th July 1497 Henry commissioned Richard Fox, bishop of Durham, as ambassador to Scotland, to negotiate a truce, and on the 20th King James issued a proclamation for a new expedition on a greater scale than the Raid of EUem, for which a tax was levied, LEITH AND ITS ANTIQUITIES 107 aud large contributions were received from private in- dividuals. Some of the burghs compounded for a money payment for leave to absent themselves. The account of the comptroller Forrester informs us that the inhabitants of Leith purchased the right to stay away from this raid for £100. (Excheq. Bolls, vol. xi. p. 62.) On 20th July the King rode to the place of assembly at Melrose, but, the great gun "Mons" having broken down, the artillery was delayed, and the whole force did not reach the border till 5th August. The Earl of Surrey advancing to meet James, the latter withdrew, and on 30th September 1497 a truce, to endure for seven years, was signed in the church of Ay ton. The pestilence called the " Grandgore " having be- come prevalent in several places in the neighbourhood of Edinburgh, the Council passed stringent regulations prohibiting intercourse between the city and those places ; and although it does not appear that Leith was affected, the regulations were made to apply to that town also. On 26th February 1499, "that na nychtbour nor indwellare in this toune, seruands nor vthers, pas to Leyth without leiff of the officeris given under the pain of strikking thro the hand and banesing the toun ; nor that nane of Leyth cum nor repair in this toune quhill the said terme, but leif vnder the said paynes." In 1499 the Provost and Council of Edinburgh appointed seven men for the " common guid of merchandis" to be " frauchtismen of the town for this yeir the quhilkes sail fraucht all schippes " that lay at the port of Leith. The common clerk was to make out the charter party, and " na merchandis were to sit with the frauchtismen under the pain of viij s." 108 HISTORICAL NOTES CONCERNING CHAPTER X SCOTLAND IN THE EARLY PART OF THE SIXTEENTH CENTURY Previous to the opening of the 16th century the general state of Scothxnd was far from satisfactory. Internal strifes with dissentient nobles and external struggles with England were still prevalent. The in- fluence of the Government to secure law and order was by no means so potent as was desirable. The clans in the Highlands were still powerful and predatory, and it seemed almost impossible to get any amalgamation eff'ected between them and the Lowlands. Nor was this much to be wondered at. The social condition and institutions of the people were not alike. In the Lowlands the feudal system had been taken almost in its entirety from the Normans. The King was superior of all the soil as trustee for the people, his grants were made to the barons by charter, and some system of conveyancing and written rights to property prevailed, while Parliament and the Law Courts respected and protected the rights of person and property. Among the Celts, on the other hand, the land, instead of belonging nominally to the King, belonged, "so far as there really was property in it, to the holders and culti- vators of it, while their head or chief had concern not with it, but with them as living beings, over whom he held LEITH AND ITS ANTIQUITIES 109 absolute rule." There was no written system of records or conveyancing, while the Parliament and the Law Courts were not much known, and not much esteemed. Might was right to a large extent still with them. More- over, the speech of the Highlander and Lowlander was different, and this formed a strong barrier to the intro- duction of the Lowland civilisation into the Highlands. A portion of the Highlands, indeed, claimed inde- pendence under the Lord of the Isles, and it was only after a raid by the Islesmen in 1492 on the mainland that the Crown abolished the separate lordship of the Isles by forfeiture, and declared that the chiefs should hold their lands in future of the Crown. This, how- ever, was by no means very peacefully accomplished. About the year 1501 Donald Dhu appeared among the Islesmen, and was received by the chiefs and their men as the true Lord of the Isles. A war of three years followed on this, conducted by the King in person ; the rebellion was subdued, and Donald Dhu taken a captive to Edinburgh. This practically ended the separate state- holding of the Celtic clans in the Highlands and Islands. From 1502 to 1507 Leith, in common with other parts of Scotland, was in a state of prosperity. The country was at peace, the King (James IV.) busily engaged, obtaining the good favour of his subjects and developing their interests, especially by fostering the building of ships and the encouragement of the fishing industry. During that period there are numerous entries in the Exchequer Rolls of grain transported to Leith from Kiughorn, Colbranispeth, Ross, Ardmanach, Bellhaveu, Dundee, and Abercorn. There is also an entry for capons and poultry coming from Fife to Leith. The most important event in its influence on the destinies of Scotland was the marriage of King James IV. 110 HISTORICAL NOTES CONCERNING to Margaret, a Princess of England, and daughter of Henry VII. Henry was anxious to eflect this alliance, and treaties were entered into for the marriage, a "perpetual" peace between the countries, and the regulation of the two frontiers. All being amicably arranged, the Princess was to be conducted to Scotland at her father's expense, and delivered to the King, or his representative, at Lamberton. " In the beginning of August the royal bride, with a view to her journey to Scotland, was intrusted by her father to the care of the same Earl of Surrey, who, ten years later, was to win his dukedom by bringing about her husband's defeat and death. There has, fortunately, been preserved a minute account of the journey, the royal wedding, and the concomitant festivities, by one of the young Princess's suite, John Young, Somerset herald, which is printed at length in Leland's Collectanea. The pageantry was worthy of a marriage so pregnant in results to the future of both countries. The cavalcade, including the Earl of Northumberland, the Archbishop of York, Lord Dacre, and other Englishmen of high rank, was met at Lamberton by the Earl of ]\Iorton, the King's near kinsman, being grandson through his mother of James I., and was conducted to Dalkeith by a train of Scottish nobles. James joined them at Newbattle, and escorted them to the capital. There the wedding took place on the 8th of August 1502 in the abbey church of Holyrood. It is unnecessary here to detail those scenes of splendour and revelry which both preceded and followed it, including combats, masques, moralities, and numerous other diversions, of which Somerset herald has given so vivid a picture, and in the course of which Lord Hamilton, his natural brother Patrick, LEITH AND ITS ANTIQUITIES 111 and the French Sieur De la Bastie, better known in connection with the events of the next reign, all came in for a share of distinction. The treasurer's accounts from 9th to 13th August bear witness to the Scottish King's liberality to the English visitors and the Queen's attendants, and the Exchequer accounts tell us of condiments, wines, and provisions of all kinds sent for the occasion from all parts of the kingdom." {Preface to Excheq. Rolls, vol. xii. p. 52.) During the season of tranquillity that followed the royal wedding, the King, with his Parliament, which met on the 11th of March 1503, enacted many good statutes for the improvement of the country. His attention was particularly directed to the state of the Highlands and Islands. The inhabitants of those districts had become, as the preamble of the Act expressed it, almost savage from want of sheriffs and justices. It was, in consequence, ordained that justice- ayres should be held at such centres as were fixed for the several divisions of the northern and western parts of the realm, magistrates appointed, and laws made for the government of those wild and unruly people. Another most important enactment of this Parlia- ment enabled owners of land to let it, not only for mili- tary service, but for payment in money or in grain. A measure like this tended to improve the agricultural and commercial interests of Scotland, and of seaport towns like Leith. Such wise regulations show that the King desired the welfare of all his subjects, and had liberal views on the proper method of attaining so laudable an object. But it was still the misfortune of this country that it never remained for any length of time in a state of peace and social improvement. While Henry YIL, the father-in-law of James, con- 112 HISTORICAL NOTES CONCERNING tiuued to live, his wisdom prevented au outbreak of war between the two countries. But when this prudent and politic monarch died, in 1509, Scotland lost the man that, for some time at least, had been a peaceable neighbour. His successor renewed the old quarrels, and soon the countries were again embittered one towards the other and at strife. As has already been seen, Scotland was becoming a shipping or maritime nation, so that the wars between the two countries now included battles on sea as well as on land. Though England was numerically much stronijer, her naval resources do not seem to have been much, if at all, greater. King James IV. was determined to strengthen and inci'ease his navy. Aware that he had a people living on the coasts who were fond of adventures on the sea, he was anxious to foster and develop their aptitude for a seafaring life. The water being deeper a little westward from Leith, he there constructed a yard or dock for shipbuilding, and a harbour for the reception of vessels. This haven was in consequence called the " New Haven," or, as it is now written, Newhaven. The piety of that age also named it the Port of Our Lady of Grace, or, more shortly, Our Lady's Port of Grace. Houses were built for the accommodation of shipwrights and mariners ; nor was their religious welfore neglected, for a chapel was also erected, a notice of which is given elsewhere. The King also established a ropery at the east end of the village. To provide for the religious instruction of the ship- wrights and mariners at Newhaven, King James IV. erected a chapel there, and dedicated it to the Virgin Mary and St. James. The date when this chapel was built cannot be accurately fixed, but it was some time prior to 1508, probaHy 150G. On 18th February LEITH AND ITS ANTIQUITIES 113 of that year Sir James Cowie was presented to the Chapel of St. Mary of the Port of Grace, and the oblations, pro- fits, and duties thereof, according to the tenure of the foundation, etc., at Edinburgh. We have not been able to trace their foundation charter, but Sir James Cowie had executed in his favour an in- strument of pos- session for the duties of the chap- laincy, on 2nd March 1508. Appended to this is a letter by the King addressed to his bailie at Newhaven, charg- ing him to deliver and pay all the annuals of the roods and acres of lands of Newhaven to " our familiar servitor and chap- lain. Sir James Cowie of Our Lady's Service, of years and terms bygone and to come." The chapel subsequently became known as St. James's, as appears from a charter of resignation executed by Sir James Cowie in favour of King James, 28th April 1508. The sketch is that of a stone built into a house in VOL. I. — 8 114 HISTORICAL NOTES CONCEENING Newhaven, nearly opposite the cliurchyard. It shows the cross-staft' and other nautical instruments of the period ; and beneath, part of the motto, " VIRTYTE SYDERA," may, on close examination, still be de- ciphered. There were links at Newhaven, and these appear to have been let. The chapel was of course dissolved or transferred at the time of the Reformation, and after- wards it was conveyed, along with the grounds, to the kirk session of South Leith. In the charter which was granted by King James VI., the chapel and grounds are described as " all that place and piece of ground whereon the Chapel of St. James, anciently called the Chapel of the Virgin Mary, of Newhaven, stood, lying within the town of Newhaven, and our Sheriffwich of Edinburgh." The South Leith Session are still superiors of certain lands conveyed, but the site of the chapel has long been appropriated as a cemetery for the inhabitants of Newhaven, though now never used for this purpose. In 1507 Prince James was born at Holyrood. " The Queen being brought near the last agony of death, the King took a pilgrimage on foot to St. Ninian's (Leith) for her recovery ; at his return he found the Queen better, but the child soon after died." (Annals of Edinhurgh and Leith.) "On 30th June 1508 King James visited the Isle of May from Pittenweem, gave fourteen shillings in alms to the hermit, and sixteen pence to the rowers of a boat who took him round the island to " schoot at fowlis with the culveriu," and on 1st July sailed to Pittenweem, Kiughorn, Incheolme, landing on the following day at Leith, where he went to Robert Barton's house. There can be little doubt these days LEITH AXD ITS ANTIQUITIES 115 were spent in consultation on the defences of the Firth of Forth, and in arrangements for the building of new ships." {Preface to Excheq. Rolls, vol. xiii. p. 63.) In 1510 the shipping at the port of Leith had developed to such an extent that even with the new harbour at Newhaven the accommodation was found inadequate. To defray the expenses of providing the additional accommodation which was required, certain lands near Leith were feued, belonging to the abbey of Holyrood, for which its abbot was compensated by the grant of certain lands near Linlithgow, as appears from the Exchequer Rolls. " Expenses allowed to the officer accounting to the Crown [the chamberlain] from the rents of the acres at the east and west ends of the burgh of Linlithgow granted to the abbot and monks of Holyrood near Edinburgh in exchange for their lands at the New Haven near Leith now set at feefarm for one part thereof during the year of the account— £14, 14s. 4d." (Yob xiii. pp. 277, 408, 538.) The King's great desire was to possess an immense ship which should be the wonder of the world. Accord- ingly, he gave instructions that such a ship should be built at Newhaven, and his orders were executed. Pitscottie, the chronicler of the time, gives an account of the ship and of its construction, as follows : — "In this same Year (1511), the King of Scotland bigged a great Ship, called The Great Michael, which was the greatest Ship, and of most Strength, that ever sailed in England or France. For this Ship was of so great Stature, and took so much Timber, that, except Falkland, she wasted all the ^Yoods in Fife, which was Oak- Wood, by all Timber that was gotten out of Norroivay : For she was so strong, and of so great Length and Breadth (all the AYrights of Scotland, yea. 116 HISTOEICAL NOTES CONCERNING and many other Strangers, were at her Device, by the King's Commandment ; who wrought very Imsily in her; but it was Year and Day ere she was complete), to wit, She was twelvescore Foot of Length, and thirty six Foot within the Sides. She was ten Foot thick in the Wall, outted Jests of Oak in her Wall, and Boards on every side, so stark and so thick, that no Canon could go through her. " This great Ship cumbred Scotland to get her to the Sea. From that Time that she was afloat, and her Masts and Sails complete, with Tows and Anchors effeiring thereto, she was counted to the King to be thirty thousand Pounds of Expenses, Ity her Artillery, which was very great and costly to the King, by all the rest of her Orders : To ivit, She bare many Canons, six on ever Side, with three great Bassils, two behind in her Dock, and one before, with three hundred Shot of small Artillery, that is to say, Myand, and Battert- Falcon, and Quarter-Falcon, Slings, pestilent Serpetens, and Double-Doos, with Ha2,tor and Culverino', Cors- Bows and Hand-Bows. She had thi'ee hundred Mariners to sail her ; she had sixscore of Gunners to use her Artillery ; and had a thousand Men of War, by her Captains, Shippers, and Quarter- Masters. " When this Ship past to the Sea, and was lying in the Road, the King gart shoot a Canon at her, to es.say her if she was wight ; but I heard say, it deared her not, and did her little Skaith. And if any Man believe that this Description of the Ship be not of Verity, as we have WTitten, let him pass to the gate of TilUhardin, and there, afore the same, ye will see the Length and Breadth of her, planted ^vith Hawthorn, by the Wright that helped to make her. As for other Properties of LEITH AST) ITS ANTIQUITIES 117 her Sir Andrew Wood is my Author, who was Quarter- !Master of her ; and Bohert Bartyne, who was Master- Shipper. " This Ship lay still in the Eoad, and the King, every Day, taking Pleasure to pass to her, and to dine and sup in her with his Lords, letting them see the Order of his Ship." (Pitscottie's Hist, of Scot. pp. 107, 108.) Though there may be some exaggeration in Pitscottie's description, it formerly received considerable credence. In the Statistical AccovM of Blackford the author remarks that at Tullibardine there " may be seen a few thorn trees that may be viewed with a kind of antiquarian interest," and adds — " Only three of these trees survive the ravao-es of time and the encroach- ments of the plough." "During 1511 he was chiefly occupied with the building of the great St. Michael, which probably prevented him from accompanying the Queen in her visit to Aberdeen on 10th May. While in or near Edinburgh, in the beginning of August, he heard of Andrew Barton's death. " During this and the following month he resided in Edinburgh, paying frequent visits to his new docks at Newhaven, where shipbuilding went on busily. In the end of September he appears to have gone to Stirling, where he remained till about the middle of October, but still continued his visits to Newhaven. " On the 14th of October he was again at Edin- burgh, where he remained for the rest of that month. On the 28th he paid a visit to Leith. " The building of the great ship, the St. Michael, which took a year to build, was carried on under the superintendence of Sir Andrew Wood, and it occupied much of the KiuQ-'s thouQ;hts and time. He was 118 HISTORICAL NOTES CONCERNING constantly at Newliaven iu January, February, and March, 1512. "AVhile at Linlithgow, as at Edinburgh, he was frequently going to Xewhaven to inspect the outfit of the St. Michael. " During the whole of January and February he was at Holyrood, and went daily to the Castle to superintend the making of guns, and to Newhaveu to inspect the progress of his ships. "Before West left Edinburgh he took occasion to go to Leith and Newhaveu, where he saw the ships James was preparing. He disparaged their number and size, but James, who probably suggested his visit to Leith, had boasted of them, especially of the great St. Michael, which, he said, had ' more cannon than the French ever brought to a siege.' This West regarded as ' a crack.' It was not likely that the Scots King would give up the vessel, whatever her size, to Henry, which was one of the bold demands his envoy had made. " On 25th July James commissioned his fleet from Leith for France, under the command of the Earl of Arrau and Lord Huntly, and accompanied it himself as far as the Isle of JMay, and next day sent the Lyon King-of-Arms to Henry, now before Terrouenne, to declare war, with a letter rehearsing, one by one, the injuries Scotland had sustained." {Preface to Excheq. Rolls, vol. xiii. pp. 65, et seq.) But the real founders of the Scottish navy were the merchant skippers of Leith and private traders. Sir Andi-ew Wood of Largo, the two Bartons, Sir Alexander Mathison, William Merrimonth of Leith, " whose skill in maritime afi"airs had, as Tytler mentions" (Hist, of Scotland, vol. ii. p. 2G6), "procured him the LEITH AND ITS ANTIQUITIES 119 title of ' King of the Sea,' and various other naval ach^enturers," such as "William Browuhill, often men- tioned though less famous, were sought out by James and treated with distinction. " They were encouraged to extend their voyages, to arm their trading vessels, to purchase foreign ships of war, to import cannon, and to superintend the building of ships of force at home." {Ihid. p. 267.) " The statutes requiring all burghs to keep ' busches of 20 tons ' to be manned by ' idle, able-bodied men ' had fishing chietiy in view, but also the training of sailors. Wood of Largo, who is to be distinguished from another Andrew Wood, the King's usher and feuar of the thanage of Fettercairn, appears in these Rolls as constantly engaged in carrying grain from Largo to Leith, and the recipient of a fee of £20 a year. The ^Great Seal Register marks his gradual rise. A native of Leith, in the service of James IIL, he obtained in 1483 a grant for nineteen years of the lands of Largo for ' his gratuitous service by land and sea, specially against the English enemies, to the danger of his life.' " {Preface to Excheq. Rolls, vol. xiii. p. 178.) "The two famous victories in 1489 and 1504, which Sir Andrew Wood won over the Eno'lish with the Flower and the Yelloiv Carvel, as a reward for which he re- ceived these grants and honours, are familiar incidents in Scottish history. When the great St. Michael was built in 1511 he was appointed quartermaster, and Pitscottie claims him and Robert, one of the sons of John Barton, her skipper, as his authorities for the account he gives of her dimensions — 240 by 36 feet and 10 feet of side wall, her crew of 1000 seamen and 120 gunners, besides officers, and her cost £30,000, 120 HISTORICAL NOTES CONCERNING apart from her artillery. This was three times the cost of Bishop Kennedy's barge, the St. Salvator, and there seems no reason to doubt the St. Michael was the largest vessel up to that time launched in Scotland. "Wood is often popularly styled admiral, but that rank is not mentioned in the accounts, where he is desig- nated as knight. Pitscottie calls him only quarter- master, although he mentions that he was sent to supersede Arran when that insubordinate commander disobeyed orders and caiTied the Scottish fleet to Ireland instead of to France. " More celebrated even than Wood was the family of the Bertons or Bartons. Its founder was John, the merchant trader of Leith who, in the reign of James III., commanded the Yellow Carvel, described as the King's ship, which was taken by the English, but restored by Edward IV. His life has been traced in the preface to the Treasurer's Accounts. He had three sons — Andrew, Robert, and John — the two former of whom appear in the present accounts. John, the father, is last mentioned in the Exchequer Rolls in 1507. Andrew first appears in the Treasurer's Accounts for 1497, when he and his brother Robert took charge of the passage of Perkin Warbeck from Ayr to Ireland, Andrew being paid for the victualling, Robert for the crew of his ship The Cuckoo. In the Exchequer Rolls the notices of him refer almost ex- clusively to the remission of customs in his favour, which prove that he continued to be employed in the King's service. They confirm the date of his death in the celebrated engagement with Sir Edward Howard in the Downs, for he is described as dead in the account from 21st August 1511 to 3rd January 1512, rendered by the Bishop of Caithness, as custumar of Edinburgh, LEITH AND ITS ANTIQUITIES 121 in July 1512. The battle was fought on 2nd August 1511, and his ship, Jlie Lion, and its companion, the Jenny Pirwin, transferred to the English navy, in which the former captured vessel became the second man-of-war, the Great Henry ranking as the first. His exploits against the Portuguese, in rej^risal for their seizure, thirty years before, of a ship of his father's under letters of marque, granted in 1506, against the Flemish pirates, and the part he took in the servdce of Hans of Denmark against Lubeck in 1508, have often been related. A later passage in the history of the Bartons, which has escaped the notice of historians, appears iu the Letter-Book of King Hans in the Danish archives. In 1509-10 Eobert Barton had been in the employment of the Danish king, and on 4th September 1510 he returned to Scotland ^dth letters to James con- taining an urgent request for further aid in ships and men — ' Armatorum et uavium maximo quo potuit numero nobis subveniat fraterne optamus,' and, if possible, from the French king as well as himself. Barton received also a testimonial in his own favour. In 1511 another letter expressly requested that Andrew Barton should 1)e sent to Copenhagen with as many ships as possible — in any case, with his own ship. Andrew Barton accordingly was sent in the beginning of the year \nt\i his own ship, probably TJie Lion, and a smaller vessel, probably the Jenny Pirwin, as Hans believed, as a present from James. Some quarrel ensued, for we learn these facts from a letter of Hans to Henry YIII. of 12th February 1512, when he had heard of Barton's defeat and the capture of his ships, requesting that the one intended for himself should be released and sent to Denmark. It was a recj[uest little likely to be granted, but Henry's answer is not known. 122 HISTORICAL NOTES CONCERNING This incident is very significant of the fact that there was a want of clearness in the distinction between the King's ships and those of the mariners employed in his service. It is not impossilile that the Jenny Pirwin may have been Barton's own ship. According to Lesley, both these vessels had Ijeen captured by Barton. The ships, whose names occur in the Rolls, were, in fact, private property of either Scottish or foreign traders. But the Rolls also afford evidence of the King's activity in building ships for himself, which hi still more fully brought out by the entries in the Treasurer's Books. He seems to have commenced his shipbuilding with a row-barge at Dumbarton, which is described in detail in the Treasurer's Accounts. In 1508-9 the woods of Darnaway were being felled for the construction of the King's ships. In the account of Fife for 1511-12 a sum was allowed the chamberlain for his expenses in iron, stones, wood, and hire of w-aggons and freight from Falkland to Leith for the necessaries of ' the King's ship,' no doubt the St. Michael, and more wood was shipped from Urquhart, in Ross, while large sums were entered in the King's Household Books, which really went to the victualling of the ships (£219, 9.s. 4d. and £7G8, 16s. 2d., £149, 2s. 8d.) and for corn, and were all paid out of the customs of Edinburgh before 24th July 1512, with the result of a large deficit in that account. In the foreign correspondence of James we meet with frequent re- quests for wood for ships, both from the French and the Danish kings. With all his efi"orts, James did not succeed in equipping a large navy. ' If Barton and Brownhill do not come home,' writes Dacre on 7th August 1512, 'the King of Scots has not ten ships' ; but from a letter of the Captain of Norham, dated 11th LEITH AND ITS ANTIQUITIES 123 September, it appears they had returned, though Bruwuhill again sailed to Flanders before 14th February 1513. The full number- of the Scottish navy was 16 ships with tops, 10 smaller craft, 'balangeris' or sloops, without forecastles, and crayers or barks. The lowest estimate of the English navy at this date makes it con- sist of 24 shij)s carrying 6480 sailors and mariners, and with a portage of 8460. The names of these [Scottish ships], besides the St. Michael, have been preserved — the James and the Margaret and the Shij) of Lynn, which had been taken by Brownhill. One of the smaller craft was the Rose Galley, which had been built as a tender to the great St. Michael. The command was, by a fatal error, given, not to Andrew Wood or Eobert Barton, but to the Earl of Arran and Gordon of Letterfurry, a son of Huntly. Lord Fleming of Cumbernauld was captain of the 3Iar- garet, Lord Eoss of Hacket of the James. Arran, though Pitscottie calls him ' admiral of the fleet,' never held that oflice, but, from his rank, had the chief command. Instead of sailingr direct to France as instructed, he went round Scotland to Carrickfergus, which he sacked, and, after 'playing himself at Ayr for forty days, arrived in France too late to have any effect on the war. The traditions of feudal ser%'ice were too strong for the longer service necessary in this new branch of war. According to Pitscottie, James sent Wood to supersede him, but he refused to give up the fleet. The St. Michael was sold on 2nd April 1514 at Paris by Albany the Eegent to the French king, for 40,000 francs of Tours." {Preface to Excheq. Rolls, vol. xiii. p. 180.) In the end of July or beginning of August 1513 James IV. summoned his whole feudal army to meet 124 HISTORICAL NOTES CONCERNING within twenty days upon the Borough ]\Iuir of Edin- burgh. The date of the rendezvous was probably some time between the 13th and 20tli of August, and the army was called out on twenty days' notice for forty days' service. The guns, of which the King had so busily superintended the manufacture at Leith, were taken to Flodden. The largest army ever collected iu Scotland mustered round King James's standard, which was set in the Borestone, still preserved on the road to Mornino-side. The invasion of England commenced on 22nd Auo'ust with the siege of Norham Castle, which was attacked and easily taken by the Scottish army owing to its powerful artillery. This was followed by the disastrous battle of Flodden, at which though the King had a supply of artillery unprecedented at that time he did not use it, preferring the system of hand- to-hand warfare, which ended in the greatest defeat the Scottish army ever sustained, and the death of the King himself. Though there is no actual record of any Leith men taking part in this battle, every district of Scotland contributed its quota to the army ; and there can be little douljt, from the fact of the port being the great arsenal for the manufacture of guns, that many Leith men must have been gunners, working the artillery during the war. Closely associated with the shipping of Leith was a class of men who nowadays ai'e known as dock porters. They were at this period called pynours. Their existence invited the interference of the Magistrates of Edinburgh, which the following ex- tract from its Burgh Records fully bears out : — "The quhilk day [19th of June 1511], in presens of the baillies and counsale of Edinburgh thir personis pyoneris vnder written, viz. : — Jhone Allaue, Johne LEITH AXD ITS ANTIQUITIES 125 Wilsoune, Jame Gilmor, Wil Eldar, Jame Robesoun, Jhone Masoun, Jhone Huntare, and Jhone of Dal- mahoy wer admittit to labour and serue the merchants at thair port and heavin of Leyth, first to serue the king's hienes in his lawbouris that happins and nixt his grace, be ordour the provest, baillies, counsale, and communitie of the said burgh, and thairefter the strayngeris as accordis vpoun resoun, ilk ane in thair awin grie, and heirfore the saidis pyoneris ar sworn the holy evangellis t\\'ichet hes gevin thair bodely aythis and to be leill and trew to the towne and mer- chants thairof anentt thair customes and dewteis to be had and nocht to be dissauet thairiutill in als far as thai may be diligence, and to keip the schox'e clene of all middings fuilzie and al sic stufe." This is an early notice of the porters of Leith, of which a fuller account wUl be afterwards given. It will be here observed that they are the sworn servants of the merchants, but they are first to serve the king. There can be no doubt that the office was considered one of trust and responsi- bility, and it has continued so to the present day. Many incidental notices bearing on the fatal field of Floddeu are scattered through the public and private records of the time. The accounts contained in the Exchequer Eolls are full of references to persons slain at Flodden, but give the names only of the King's vassals. As the Crown lands embraced only an incon- siderable part of Scotland, the death-roll of Floddeu, so far as explicitly shown in these accounts, represents only a small portion of the loss sustained in that disastrous battle. From an entry in the Responde- Book, making the sheriS" responsible for Sir Robert Logan's payment of 512 merks of relief when he comes into possession of the lands there mentioned, we may 12G HISTORICAL NOTES CONCERNING infer that the laird of Restalrig had perished in the recent war with England, and been succeeded by the heir to his estates. On the 23rd October 1513 Sir Robert Logan, knight, received sasine of the lord- ship and barony of Restalrig, including Leith and other towns, with the advowson and patronage of the parish church of Restalrig. The entry above referred to is as follows : — " The sheriff will answer for 512 merks for the relief of the lordship and barony of Lestalrig with its pertinents, viz., — le manys and the baronial lands of the town of Lestalrig and of the town of Leith with the mills thereof, with the tenants, tenandries, and services of free tenants and the advocation and dona- tion of the parish church of Lestalrig, together with the lands of Nether-Gogar and the lordship thereof, and the town and lands of Montlowthiane with the depen- dencies thereof, annexed to and incorporated with the said barony of Lestalrig, due to the King by sasine thereof, having been given to Robert Logan, knight, at Perth, 23rd of October, in the first year of the King's reign." {Excheq. Bolls, vol. xiv. p. 515.) That the sheriff, no other than James Logane, in all probability a relation of Sir Robert, complied with the above royal request we learn from the following private document : — " The sheriff of Edinburgh answered for 512 merks for the relief of the lordship and barony of Lestalrig -R-ith its pertinents viz. the Manys of Lestalricr and town of Leith with the mills thereof with the tenants tenandries and services of free tenants and the advocation and donation of the parish church of Lestalrig together with the lands of Nether Gosar and the lordship thereof and the town and lands of Mountlothiaue with the dependencies annexes tenants tenandries and service of free tenants thereof LEITH AND ITS ANTIQUITIES 127 annexed to and incorporated with the said barony of Lestah'ig due to the King by sasine thereof being given to Robert Lo^ane knight at Perth 23rd October in the first year of the King's reign." On the 2nd of March 1516-17 the Duke of Albany, the governor of Scotland during the King's nonage, confirmed to him and his spouse, Elizabeth Hepburn, a charter of conjoint infeftment of the lands of Gogar, lying within his barony of Restalrig. " Charter of conjunct infeftment to Robert Logane of Restalrig knight and Elizabeth Hepburn his wife of all and whole the lands of Gogar with their pertinents lying in the barony of Restalrig within the sheriS'dom of Edinburgh AVhich pertained of before to the said Robert Logane heritably, and which he resigned in the hands of the said governor in the King's name by staff and baton and his procurators la'wfully constituted to this efi'ect To hold to the said Robert and Elizabeth and the longest liver of them two in conjunct infeft- ment and the heirs male la"«^ully gotten or to be gotten between them who failing the nearest and hiwful heirs of the said William whomsoever in common form return- ing therefor the dues and services used and wont of before At Edinburgh the 2nd day of the month of March A.D. 1516 and in the fourth year of the King's reign." The number of widows that render accounts in place of their deceased husbands is remarkable. Of those that continue to discharge the oSice of custumars held by their husbands, the most notable are Janet Paterson, widow of Sir Alexander Lauder of Blyth, provost of Edinburgh, and INIargaret Crichton, widow of George Halkerston, a burgess of Edinburgh. In their account, dated 25th of September 1515, ajjpears an entry of £lO having been paid to Henry Scot, a 128 HISTORICAL NOTES CONCERNING mariner of Leith, who had gone to Denmark on public business, and was possibly the skipper of the ship which carried the Danish herald and the Scottish Unicorn pursuivant to that country. "Account of Janet Patersone and Margaret Creich- toun, etc. [Edinburgh, 25th September 1515.] . . . Discharge — And to the said Margaret [Crichton] by payment made to Henry Scot, mariner in Leith, sailing to Denmark, certain matters concerning the common weal of the realm by orders of the Lords of Council, the said mandate, along with the said Henry's receipt, ha vino- been shown in addition to the account — £10. " And to the said Margaret by payment made in the Norway herald of the King of Denmark in 50 ecus, French weight, and to the Unicorn pursuivant in a similar sum, amounting to £90 the said mandates along with the receipts of the said herald and pur- suivant having been shown in addition to the account —£40." {Excheq. Rolls, vol. xiv. p. 106.) Though the defeat which the Scots sustained at Flodden was a national calamity, the Church suffered no injury from that crushing disaster, except in the loss of her clergy who fell in that battle. Patrick Covintre, dean of the collegiate church of Restalrig, was not one of that number. In 1515, at the mandate of Queen Margaret, £10 were paid to him out of the treasury for the maintenance of divine service and the support of chaplains, who were to sing masses for the repose of the soul of the late King. In 1518 the same sum was paid to him out of the fermes of the laird of Ardmanacli at the instance of Sir Alexander Jardiue, the comptroller. Part of the revenue of the King's Hospital went to the payment of the salaries of the dean and the prebendary, the latter of whom was specially charged with the duty LEITH AND ITS ANTIQUITIES 129 of celebrating masses for the soul's weal of Kings James the Third and Fourth of that name. Sir Walter Gray- was one of the King's chaplains at Eestalrig, in the parish church of which he was the chaplain specially attached to the altar of St. Triduana, receiving his salary in the year 1515 out of the customs of Edinburgh, but in the remaining years out of the fermes of the King's Hospice. He was paid 14 merks in the year. It is specified that one shop belonging to the King's Hospice furnished 8 merks, and that the comptroller made good the balance. VOL. I. — 9 130 HISTORICAL NOTES CONCERNING CHAPTEE XI TRADE OF LEITH IN THE EARLY PART OF THE SIXTEENTH CENTURY Though Leith, which was not in the 16th century a large town, figured prominently in national affairs, Edinburgh still preserved its domination over it. Yet the Provost and Magistrates seem to have regarded the dwellers by the sea with a certain amount of fear, for, on 22nd April 1501, they ordain that when the water-bailie is to hold a court at Leith the freemen are to accompany him to the number of from IG to 24 persons, more or fewer, as he thinks expedient for the time, under certain penalties. The bailie evidently thus required the support and countenance of a decent staff to keep down the " rowdies " of the port. That there were "rowdies" is not to be wondered at, con- sidering what the natives had to endure. On 23rd February 1501 it is provided that "all strangers coming in at the port of Leith with merchandise and goods shall at their entries mak just compt and leal entry of their whole goods to the provost, bailies, council, and community of the burgh of Edinburgh, and should have no merchandise and goods longer in Leith nor they be discharged and hoisted forth of ship- board, nor yet make any mercat thereof in Leith to any manner of persons, but only in their own Sovereign LEITH AND ITS ANTIQUITIES 131 Lordis said burgh, as in the staple of all such goods and gear, both for the profit of our Sovereign Lordis custom and also in respect of the privilege and infeft- ment of free burgh within the port of Leith, given to the said burgh by our Sovereign Lordis most noble progenitors of good mind." The tranquillity restored by the firm and wise government of James IV. conduced to the development of trade, in which Leith had her share. "William Merymonth figures in 1502 as a trader conveying a cargo of salmon from Findhorn to Leith, part of which he had to throw overboard in a storm. But we also find fi-equent mention of ships employed in foreign commerce, the name of one of which, the Wiccleif, indicates that the memory of the earliest precursor of the Reformers was then still kept alive in Scotland." (Preface to Excheq. Bolls, vol. xii. p. 36.) But the commerce of Scotland had lono- been -conducted on erroneous principles. Some regulations afiecting it were now passed, distinguished by the same unenlightened policy and dictated by the same jealous spiait as had pervaded the whole body of her com- mercial lecfislation since the reio-n of James L In the Parliament of James IV., convened on the 11th of March 1503, "it is statute and ordained, that all the merchandes of the realme and the burrowes, bruike and have their aulde priviledges and freedomes, granted and given to them be our Soveraine Lordis progenitoures of maist noble minde, be observed and keiped to them, and that na persones dwelland out- with burrowes, use ony merchandice, nor zit tap nor sell wine, walxe, silkes, spicerie, wadde, nor silk-like stufi'e, nor zit staple gudes : And that nane packe nor 132 HISTORICAL NOTES CONCERNING pile in Leitli, nor nthers places, without the Kingis burrowes, under the paine of the escheiting of the gudes to the Kingis use, that beis tapped, sauld, packed, or piled, against this statute." This was followed by another Act of same date, whereby "it is statute and ordained, for causing of the Kingis customes to cum in haill to him, as accordis, and to eschew the defrauding, that hes bene done thereof in times by-gane, that na man house wooU, hide, nor skinnes in Leith, nor uther places, out-wdth free burrowes, under the paine of escheit." The same Parliament also passed an Act whereby " it is statute and ordainit yat all ye malt makars of Leitht Edinburgh, and other place about Edinburgh or other burrow touns within ye realme present their malt to the markate in tyme to cum and ilk day be merkate day for vittale except the halyday and sell not the samyne quhill IX. houris under the pane of eschaete of all malt that is sauld otherwais and that the prowest and balzeis of ilk toun see that this statute be kepit and that thai haif power [to] eschaete the samyne and ansuer to our Souvrane Lord in his chekkar zerly thairfore whais handis yat ever it be fund in and yat ye malt makaris tak na mair for ye makin of ane chalder of malt bot ane boll of ber and quha dois in ye contrar hereof sail be reput oppressours of ye Kingis liegis and dittay tane yaruppon to ye Justice aire. (Acts of Parlt. of Scot., vol. ii. p. 245.) In the Exchequer EoUs of 1504 there is an entry concerning certain fish stolen at Leith, and another for the custom of a considerable quantity of barley for the maltmakers of Leith to make l)eer. The Provost, Magistrates, and Council of Edinburgh found it a hard and difficult task to preserve such LEITH AND ITS ANTIQUITIES 133 privileges as they had. In fact, their ordinances were continually being violated. As fast as they were made, the necessities of the inhabitants of Leith drove them to contrive some scheme or excuse by which they could be evaded. It would appear that even the free- men of Edinburgh co-operated in the violation of these ordinances. Thus, on 2nd April 1504, " the C[uhilkday it is statute and ordanit be the provost, baillies, and counsall [ ] consauit be thame that thair is certane neichtbouris, fremen within this burgh that displeases God in thair aith, and hurtis the common proffeitt of fremen in leing till vnfremen, baitli Lumbardis and utheris, of certane merchandice, baith woll, hyde, skyne, and claith, and utheris siclyke, with thair money under the colour of their own, and swa hourtis the said common proffett, and that hairvpoun due inquisi- tion be tain of famous personis to the nummer of xij., or xiij. personis efter the next law dayis efter Pasche nexttoqum, and qua beis convict hairvpoun to be depriuit of their burgesry for evir." Whether the penalty of losing their burgess-ship was sufficient to deter the freemen from trading will be seen hereafter. AVe wonder much now at the restrictions our forefathers put on trade, and probably, in like manner, those who follow us will wonder at what is tolerated to-day. The Edinburgh councilloi-s were quite alive to the necessity of keeping things in order at the piers, as is illustrated by the following order : — "31st May 1504. The quhilk day, the provost, Baillies, and Counsall lies ordenit Patrick Richertsoun, thesaurere, to furueis for the clengin and mending of the havin vj pikkis and mattokis, and gavelokis to sufficient number, for the outtaking of the greit stanis 134 HISTORICAL NOTES CONCERNING in the heviu and redding of the channell betuix the byknys, and that he furneis the wyndes hairfor dewlie as efieris, and to get plaittis for tlie channell and lowsing thairof" It appears that, notwithstanding all the vigilance exercised, the revenue was being largely defrauded by a practice of " paking and peyling in Leith and Canon- gate." Recourse was therefore had to the Lords of Council and Session on the subject. How their Lord- ships were approached does not clearly appear, but they issued a proclamation under the signet prohibiting the practice. It is a very interesting illustration of one of the earliest Acts of the Courts of Session. It prohibits packing or peilling of goods or mer- chandise in Leith or Canongate, as well as the bringing of goods to be sold at Leith, and ordains that no strangers sell cloth, hides, or merchandise at Leith, but must have all their wares taken to Edinburgh and there sold. No goods are to be secretly shipped, all under pains and penalties. See Aiypx. 27. Breweries seem to have existed in Leith as early as the 16th century. At all events, makings and brewing of ale must have been carried on in the town, and Edinburgh evidently considered it had a vested right in a monopoly of this industry. Edinburgh brewers were on no account to deal in malt with Leith men. On 6th October 1506 the Town Council of Edinburgh " statute and ordanit for the common profit of that burgh and all our Sovereign Lordis lieges ' repair,' and to eschew the exorbitant price of ale which is specially (caused) through the buying of the malt by our neighbours in Leith, not suffering it to come to the King's market, and there to be sold after the form of the Act of Parliament ; that LEITH AND ITS ANTIQUITIES 135 therefore none of our neighbours nor indwellers within this burgh take on hand from this time forth to pass to Leith to buy any malt to brew, sell, and ' regraitt,' under the pain the first fault of 'ane unlaw of viijs., and thereafter escheat of the malt as oft as it may be outtaken and got,' swa brekand this statute but favours." The Town Council was most solicitous about the ale, and prohibited the brewers from charging too much for it. The brewers' wives seem to have assisted them in their calling, as on one occasion in Edinburgh fifty wives were convicted for breaking the law, and on another occasion as many as sixty wives. Indeed, the brewing of beer about this time seems to have been largely in the hands of the brewers' wives, as frequent entries of barley appear in the Exchequer Rolls as imported for the wives. Ale was made both from oats and barley or bere, or from a mixture of both, and, in the absence of hops, it was flavoured with ginger and other spices, and aromatic herbs to fit it for keeping. Women "browster wives " were then the only brewers, and most of the alehouses were kept by them. (Accounts of L. H. Treasurer, Pref., 213, 1455.) During the year 1508 there appear in the Exchequer Rolls (vol. xiii.) several entries relating to barley from Ardmanach conveyed to Leith, the freight of wheat from Ballegarno to Leith, the cost of the trans- port of sheep from Moray to Leith, and as to a girnal of oatmeal and barley of Montblairy lodged in Leith. No doubt, a considerable part of the barley imported was used for the brewing of beer at the port. The port of Leith seems ever to have been a source of considerable anxiety to the Town Council of Edin- 136 HISTORICAL NOTES CONCERNING burgh. In those days, locks and carefully built docks, as well as dredging macliincs, were quite unknown. The strength and force of the sea was, however, much the same as now, and the people could only use the measures known at the time, for maintaining the harbour intact. The following extract illustrates the methods of the day : — "10th April 1508. — It is appointed and con- cordit betwixt Rol)ert Rynd and Patrick Eichartsoun, thesaurare, in name of the provost and counsale of the toun on the ane jJairt, and Duucane Donaldsoun and James Johnstoune on the uther pairt, in this wys, that the said Duncane and James sail serche and tak furth of the havin of Leith all the low stanis extending fra the bulwark inwart towart the west, incontinent as the wedder requiris for the quhilkis the said thesaurer be bocht and deliverit to thame ij bollis ry." The fee for this work was not heavy, and it is worthy of notice that it was to be paid, not in money but in "kind," as it was called — viz. rye. In 1509 there is an entry in the Exchequer Rolls for the custom of English barley imported at Leith. Though the manners and customs of the aw were somewhat rude, they were characterised by honesty of purpose and genuine right feeling. This is well exemplified in the administration of justice. In early times the clergy claimed a very extensive jurisdiction, and, being trained in the forms of the Church, they introduced a regularity in court procedure which tended greatly to purity in the administration of justice. In all the courts the procedure in the causes was carefully recorded, and it is very instructive to look through records which deal with it. They show how anxious the parties were to be just and to arrive LEITH AND ITS ANTIQUITIES 137 at a sound decision. The proceedings whicli took place at the Water Court in Leith, in a case be- tween Thomas Winter and William Kerr, is a good illustration. 5th June 1508. — "In the name of God. Amen; be it manifestly known to all men by this present public instrument, that in the year of the incarnation of our Lord, one thousand five hundred and eight, on the eighth day of the month of June, in the eleventh indiction and fifth year of the pontificate of the Most Holy Father in Christ and our lord by Divine provid- ence pope Lord Julius the Second. In presence of an honourable man, William Goldsmith, water-bailie of the town and port of Leith, belonging to the jurisdiction of the burgh of Edinburgh, within the Kingdom of Scot- land, sitting in judgment in presence of me, notary public, and of the witnesses subsciibing, personally compeared in judgment, Thomas Winter, pursuer on the one part, and William Kerr, defender on the other part, the said Thomas sued the said William for the unjust detention from him of ten lasts of salt of the town of Tralsound (Stralsund), which he bought from him in the said town of Tralsound, to be delivered here, within the kingdom of Scotland, twelve barrels full of pure salt for each last, free from payment of all ex- penses of freight, and of all other costs whatever, the said Thomas paying for each barrel twelve shillings of Scotch money. And in respect of such contract the said Thomas publicly delivered to the said William, in part payment, one French crown, amounting in value to fourteen shillings of Scotch money, as is asserted. In which case the foresaid William made offer that he would duly and legally answer and defend as accords with justice. At length it was agreed between the 138 HISTORICAL NOTES CONCERNING parties by desire of the said Thomas Winter, pursuer, that the said cause should be heard and Ijrought to an end before the judges and legislators of the town of Tralsound only, to which the said AVilliam Kerr voluntarily and thankfully assented and agreed. Of which all and sundry the premises the said William Kerr asked the present public instrument to be made for him by me, Notary Pul)lic, sub.scril)ing. These things were done at the foresaid town of Leith, about the eleventh hour of the forenoon, in the year, month, day, and pontificate above written, in presence of j\lr. Roljcrt Pringle, rector of I\lorliam ; j\Ir. Thomas Strachan, vicar of Boncle ; Alexander Crichton and John Leggat, with divers other witnesses to the premises specially called and required." This shows how even in those early times the science of jurisprudence — even international jurisprudence — was understood and practised in Scotland. Though it does not appear on the face of this instrument, in terms it is quite clearly implied that the Court did not consider that it had jurisdiction. The contract was entered into at Stralsund, and there the defaulter ought to have been brought to justice, and so accordingly the parties and the judges resolved ; and hence the instrument above quoted, wliich, it may be inferred, was to enable the pursuer to raise and follow forth his process at Stralsund, if he were so disposed. The production of this at the Court there would satisfy the judges that the case at Leith had been abandoned. About this time the city of Edinburgh seems to have entertained an apprehension that the develop- ment of any independent place so near itself as Newhaven might injure the port of Leith. At all events, the Provost, Magistrates, and Council did not LEITH AND ITS ANTIQUITIES 139 rest till they got a grant of this port also. On 9 th March 1510 King James granted a charter of the port called Xewhaven, in favour of the Provost, Bailies, Councillors, Burgesses, and Community of Edinburgh, with all the rights and privileges thereof. The charter {see Aj^px. 28) is granted in consideration " of their good, faithful, and gratuitous service daily done to us," and for various other good causes and considerations. It is a typical example of the old Scottish charter. The city of Edinburgh, having thus obtained a grant of the port of Newhaven, probably prevented its development — at least to any great extent. It was practically kept as a fishing harbour, though trade seems to have been carried on with Fife. Edinburgh was, however, only interested in the development of the port of Leith, and that purely for her own aggrandise- ment. The magnates of the city of that day would not allow a Leith merchant even to trade with foreisfners. Edinburgh and Leith merchants were prohibited from trading with one another, and the Leith tradesman was not at liberty even to transport the goods that were landed by foreigners in his own town. 140 HISTORICAL NOTES CONCERNING CHAPTER XII REGENCY OF THE DUKE OF ALBANY By the will of James IV. the guardianship of James v., an infant under two yeai's, was conferred on his mother, the Queen-Dowager. Her claim to the regency, which was thereby preferable to any other, was con- firmed by Parliament in July 1514. But in August of the same year she married the Earl of Angus, an im- prudence which forfeited her title both to the regency and the custody of the young King. Another immediate effect of her foolish marriage was the separation of the nobility and country into two great fections, the English and the French. At the head of the former were Angus and the Queen ; the latter embraced the rest of the nobility, and enlisted the sympathies of the commons. A universal desire for the arrival of the Duke of Albany was the natural consequence. The squadron of eight ships, which may have been the remains of the fleet sent by James IV. under the Earl of Arran to the assistance of the French monarcli, and which now conveyed the Duke from France, cast anchor at Ayr and then at Dumbarton in May 1515. The most important matter to which he first turned his attention was the custody of the infant heir to the Scottish throne, and of his brother, a posthumous child of James IV. These princes were still under the charge LEITH AND ITS ANTIQUITIES 1-41 of tlieir mother, the Queen-Dowager. Henry VIII., their uncle, had almost prevailed on her to deliver them to England. Baffled by the vigilance of Albany, in his attempts to secure the person of the young King, he did his best to thwart every measure adopted by the Duke for the tranquillity of Scotland. Henry's projects were ably promoted by his ambassador, Lord Dacre, the warden of the western marches of England. He corrupted some of the leading Scots nobles, and fomented dissensions amongst the remainder. Private feuds ensued, as a natural consequence. As the pre- sence of Albany in Scotland was the cause of the over- throw of Henry's policy, he addressed a letter to the Scottish Estates warning them that he would declare war if Albany was not at once dismissed. They indig- nantly repelled his dictation, and in April 1522 a small English fleet of seven vessels commenced hostilities by ravao-ino; the coasts of the Forth and seizins; some Scottish ships near Inchkeith. The English were at this time harassing Scotland with war, or the threat of war. Wolsey wrote to the Queen : " Fynally, Madame, I assure your Grace, the Kingis Grace will never desist to make war unto Scot- land until the tyme the seid duke (Albany) shall be closely aljjected and abandoned by theym." The Scotch did not feel inclined to yield ; and Henry of England, having united with Spain and the Pope against France, desired that Scotland should do like- wise. The Scots refused, and it seemed as if the two countries were again to be embroiled in a oreat war. The dread of an immediate invasion from Enoiand necessitated the summons of the Scottish Estates and the collection of a large army. On 20th July 1521 the laird of Congalton com- 142 HISTORICAL NOTES CONCERNING peared in presence of the Bailies and Council of Edin- burgh, and, in the name of the lairds of Bass and Wauchton, desired to know how the civic dignitaries would behave touching the revolt of the King's rebels. They answered that they would use their Council in resisting the King's rebels the best way they could for the defence of the King's Grace, his castle, and town. There were no civic dignitaries to answer for Leith, but the master of the grammar school, Sir somebody, whose name has not, though it ought to have, come down to posterity, took upon himself to answer for the inhabitants of Leith, as appears from the following : — "20th July 1521. — 20th July at the third hour after noon, iudiction, etc. as above. The master of the gramer scule of Leith, callit Schir (blank), allegit and said that hiddertillis he was redy at all tymes efter his power till resist aganis the Inglismen and the kingis rebelles, and as yit offerit him redy till resist the kingis rebelles and brokin men and Liglismen at his vtter power, and protestit for remeid and help, and askit instrumentis. Witnesses as above." Whether or not the brave dominie had a mandate from the inhabitants does not appear; but it can hardly be thought that he would " compear" and make such a declaration on his own authority. The laird of Restalrig also offered his services at the same time. It is interesting to notice the existence of a grammar school in Leith so early, and that its master was a person of such note as to be a " schir." It would be still more interesting to know what he taught. Presumably, it would be subjects very similar to those taught at the Edinburgh grammar school. In that city the neighbours and indwellers were forl)idden to LEITH AND ITS ANTIQUITIES 143 " put their bairuis to any particular scule, . . . but be the priucipall Grammar Scule to be techeit in ony science but allanerlie grace buke, prymar, and plane douatt, under the pane of x." It was thought much more important to teach the youth of Edinburgh the "grace buke " than science, and it is a safe inference to draw that the corresponding opinion would prevail in Leith. But neither of the two armies were sincere or earnest in their desire for a conflict. A cessation of hostilities for a month was agreed to on both sides. Yet, in violation of this truce, an English army, which entered Scotland by the eastern borders, did consider- able damage, and Leith was ransacked and its shipping destroyed by Sir William Fitz-William, vice-admiral of the English fleet. He entered the Firth of Forth with a squadron of seven frigates, and seized and burned all the vessels which he encountered. By this haughty disclosure of his designs Henry had not only defeated them, but united against himself the discordant elements of the Scots aristocracy. But only for a time. The intrigues of Lord Dacre rein- stated the English faction in Scotland in renewed vigour. " I labour and study all I can," he writes in his letter to Wolsey, " to make division . . . that it shall be impossible for him to do justice ; and for that . . . purpose I have the Master of Kilmaurs kept in my house secretly, which is one of the greatest parties in Scotland. . . . And also I have secret messages from the Earl of Angus . . . and also four hundred outlaws, and give them rewards that burn and destroy daily in Scotland — all being Scots- men that should he imder the obedience of Scotland." To such causes, and not to any fault of the Eegent, must be ascribed the misery which then reigned in the 144 HISTORICAL NOTES CONCERNING country, and which was aggravated on his final departure for France in 1524. During the regency of Albany the trade of Leith must have been very prosperous, if we consider the misery into which tlie fiital field of Flodden and the long minority of the King had plunged the whole of Scotland. Here is a list of some of its imports, with prices of freights : — From Largo, corn, oats, and barley. „ Dysart, coals, cost of freight is Gd. a l)ag, " cersina." „ Orkney, 10 chalders of salt at 32s. per chalder, freight £3, 8s. extra. „ „ salted marts 12s. per head, and six score to the hundred. ,, ,, pigs, 6s. per head, and six score to the hundred. ,, Dingwall, salmon at 24s. per last, or 2s. per barrel. Any relations which Scotland had with France would naturally make Leith a place of importance. The Duke of Albany, on his first visit to Scotland in 151-5, landed first at Ayr and then at Dumbarton ; but this was due to the English ships and spies which fre- quented the eastern coast of Scotland. It was also this circumstance which induced him, on his return to Scot- land in 1521, to sail round Ireland and to land at the Gareloch, on the west coast. But when the Albany herald and Walter Maluny, abbot of Glenluce, were sent to France for the purpose of inviting the Regent to return, they set sail from Leith. The expenses of their voyage from Leith to Dieppe are set down in the Exchequer Rolls at £62, 16s., and of their journey from Dieppe to the Regent at £70. By his marriage LEITH AND ITS ANTIQUITIES 145 with Anne de la Tour d'Auvergne, a niece of his mother, he inherited part of the great fiefs of Boulogne and Auvergne, which he administered in her right. Probably the Duke was in the latter and more distant part of France when the envoys arrived. That the Duke was a sportsman is evident from payments for falcons from Orkney and Shetland for his use, which appear in the Exchequer Rolls of the time. " His wine bills, generally claret, but also wine of Beaune and Gascony, show he had a Frenchman's taste for his native wine." But when he paid a visit to De la Bastie at Dunbar in 1515 ale was provided for his use, brewed, no doubt, by the maltmen of Leith and the Canongate. Claret and wine of Gascony are furnished to him and his household while in Brittany, and on the sea before he landed in Scotland. Six barrels of salmon are sent to him, doubtless from Dingwall via Leith, during his absence in France, at a cost of £3 per barrel, and 30s. extra for freight. M. de la Fyot, who brought the order, himself receives five puncheons of claret at an expense of £20 to the King's treasury. Six guns, called " falcons," are sent to Dieppe for the Regent, their freight, with other expenses, being charged at £4. One hundred and twenty salted marts, and the same number of swine, are sent from Orkney to Leith for the support of his household at Holyrood House. Timber is also required for repairing the towers, floors, and windows of the palace on the occasion of his first arrival in Scotland. There also the household expenses and personal furnishing of his friend and " warden," Sir Anthony de la Bastie, the governor of Dunbar Castle, from which, in 1522, the ambassadors of the Most Christian King of France came to Leith by sea, VOL. I. — lO 146 HISTORICAL NOTES CONCERNING tlie voyage costing £10 to the King of Scotland's treasury. Tlie history of the family of the Bartons or Ber- touns, of their founder John, a merchant trader of Leith, and of his son Andrew, the famous sea-captain, has been traced. Another, probably the youngest son, Robert, is also a conspicuous figure. He had taken part in the last reign in some of the seafaring enter- prises of his brother Andrew, and had provided the crew for The Cuckoo, which conveyed Perkin Warbeck to Ireland. He had also served the Danish monarch. Returning to the service of the Scottish King, pro- bably as a merchant trader, he acquired the lands of Over-Berntoun or Barnton, which included the village of Cramond in Midlothian, by gift from James IV. in 1507, and those of Balhengie, Ardester, and other lands in Dumbartonshire, and also the barony of Kirk- buddo in Forfarshire, by purchase from the Earl of Crawford in 1508. His skill in accounts probably recommended him for the office of comptroller. There are accounts rendered by him which prove that he held this office from 12th October 1516 to 31st May 1522. He succeeded Sir Alexander Jardine of Apilgirth, whom the auditors of the Exchequer had requested to resign, as may be learnt from an entry for the year 1518. Et per solutionem factum domijio Alexandra de Ajiilgirth militi in XL. li. ex eo quod habuerat assedationem custume honorum Anglican- orum ad longum teminis et auditores Scacarii intel- lexerunt regem defraudatum ex ilia assedatione propterea dederunt sibi huj^ismodi XL. li. lit ipse hujusmodi assedationem renunciaret in futurum ex consideratione auditorum XL. li. : " And by payment made to Sir Alexander Jardin of Apilgirth, knight, in LEITH AND ITS ANTIQUITIES 147 £40, because he had had the tack of the customs on Eno-lish croods for a long time, and the auditors of the Exchequer perceived that the King had been defrauded by that tack. Wherefore they gave him these £40 to induce him to resign this tack for ever for an allowance of £40 from the auditors." (Excheq. Rolls, vol. xiv, p. 353.) We can thus correct the statement of Crawford in his " Oflicers of State " that he only became comp- troller in 1524. During the same period he also acted as custumar of Edinl^urgh, and was constantly a com- missioner for leasino- the Crown lands. The wages of the comptroller and five servants, including horse money for a year, were, as appears from one of these accounts, £170, 10s. One of the risks to which a comptroller was exposed is shown by an allowance made to him of £23 for "fals plakkis negligently received by him." That he still took part in naval affairs is, perhaps, indicated by an entry in the account of his predecessor, Jardine of Apilgirth, of salt marts and pork delivered to him to provision the King's ships at Dumbarton and Dunbar, and by a reference to 500 merks allowed him in 1522, that sum having been taken by the Spaniards when the Black Bark of Abbe- ville, belonging to him, was captured. Barton stated that this money had been sent by him to the governor iu this vessel, which shows both that remittances were made to Albany when out of Scotland, and that Barton was in his confidence, as might be inferred from his holding the office of comptroller during Albany's government. On 6th March 1529 he became Lord High Treasurer and Master of the Mint. He died in 1538, leaving a son, John, who took the name of Mow- bray, from his marriage to the heiress of Barnbougle. 148 HISTORICAL NOTES CONCERNING Barton was on friendly terms wth Margaret Tudor, who calls him "my faithful Comptroller, John Barton," and acknowledges she was indebted to him " for very sustenance." James Dousflas describes liim as "ane very pyrett and sey-revare Comptroller." There seems little doubt he was a good public official, but an official of Albany could not be good in the eyes of Douglas. 3 X H LEITH AND ITS ANTIQUITIES 149 CHAPTER XIII THE TOUN OF EDINBURGH CONTRA THE TOUN OF LEITH The troubles of the war having to a certain extent subsided, trade at the port is resumed, and the active mercantile spirit of the inhabitants seeks its rational development in commerce with France, only to be checked by the Magistrates of Edinl.)urgh on the old ground of infringing the privileges of the freemen of that burgh — thus : — "On 29th July 1514. — In presens of my lord chammerlane, principall provest, baillies, and counsall of Edinburgh, it was proponit and allegit agains Walter Ker, indueller in Leyth, that he had brokin the privi- leo'es of the bura-h and toun of Edinburgh grantit to thame be divers of Kingis of guid memorie, under thair greit sells, specialie nou of lait in the bying of certain schippis and guidis takyne and brocht be Frenchmen within thair watter, port, and havin of Leith, nocht sufferand the samyu to be sauld to the fre merchandis and burgessis within this burgh according to the lawis of the realme and privilege grantit to the said burgh as said is. The bying of the saidis guidis, the said Walter grantit and put him in the townis will thairfore, and as than thai wald nocht gif extreme sentence thairupoun in the escheiting of the liaill 150 HISTORICAL NOTES CONCERNING guidis, bot ordaiiiit tluit the saidis guidis or the availl thairof sail be furthciimand to the commoun j)roffit of the touii efter the form of thair iufeft- meiitis and privileges forsaidis at my said lord principall provestis will, and thairfoir Patrick Barroun, bailye, is becuming souertie, and the said AValtcr is oblist to keep him skaythles, and als the said Walter has oblist him that he sail uocht hourt the tounis privilege in siclyke caisses in tyme to cum." He had to find security that the " avail " of the goods would be forthcoming for the common profit of the city of Edinburgh in the meantime. Moreover, he was brought up again when the Provost, Bailies, and Council had made up their minds as to wdiat the sentence should be. The day on which Ker was to compear would seem to have been a field day for the Provost, Bailies, and Council of Edinburoh with the Leith offenders. Ker got off on this occasion with a mitigated penalty — the penalty of only part of the goods bought — but was duly warned that if he trans- gressed again everything would be taken from him. "28th December 1514. — The principall provest, baillies and eounsall hes decernit the xxx elnis of feyting sauld be Guilliame de la Mayne to be the townis escheit becaus he enterit nocht the sam in the towTiis buikis, and als thre ellis velwot sauld to Walter Ker vufreman and nocht to the fremen of this toun, and in lykwayis decernit the last of hydis sauld be the said Walter Ker to the said Frenchman to be the townis escheit becaus thai war sauld outwith this toun be ane vnfreeman till ane vther vufreman." The wine trade of Leith has long been a staple trade in the town, but the marvel is that with such hampering restriction it ever developed at all. The men of Leith LEITH AND ITS ANTIQUITIES 151 were not allowed either to tap or sell wine ; that privi- lege was to be restricted to the citizens of Edinburgh. How rigidly the Town Council of Edinburgh enforced their rights appears from the following order : — "My lord principale pro vest, president bailies, and counsale, ordainis the officeris to warn and charge all men of Leyth that tappis or sellis wyne or vther merchand stuf within the said toun of Leyth, in hourt- ing of the privilege of this toun of Edinburgh, to compeir before thame on Friday nixttocum to ansuer to the saidis lordis provest, baillies, and counsall Cjuhat thai have to say to thame in saidis materis." The poor unfortunates who were not freemen of the city of Edinburgh must have had a hard lot in these days. Not only were freemen prohibited from trading with unfreemen, but unfreemen were likewise pro- hibited from dealing with each other. And now comes the enterprising but unfortunate Walter Ker for judgment: — "The samyn day, for- asmekle as AValter Ker, grantit of before the xxx day of July last bypast, that he boucht certaine victualis extending to vij^'' [seven score] bollis malt and vther guidis fra Frenchmen within their boundis and port of Leyth, vsurpand the fredome and priuilege of this burgh, coutrare lies promit maid in the said act of befoir, submittit him to my lord provestis will for the samyn, and now the said lord hes declairit his will thairuntill, with the avys of the president baillies, and counsall, that the said Walter sail content and pay to the Kirkwerk bot x li. at this time, with the intimatioun that gif he faltis ony maner of way aganes the priuilege of the said burgh in time to cum, that the haill thing sall)e tane of him but fauouris, and souertie to be found thairvpoun as efferit ; and heirfor David 152 HISTORICAL NOTES CONCERNING Ferry is becomyn souertie ; and Patrik Barroun prom- mittis till relief the said David, and keip him skaytbless of the said souertie as efi'eiris." Nor did the Provost and Bailies rest satisfied with punishing the unfreemen ; they sued the unfortunate foreigner as well, who in all probability was quite ignorant of these regulations. Thus, on 2nd April 1516, we find that " Anthone, a Frenchman, merchant of Rouane, granted in judgment that he had bought from Robert Bartane and Walter Ker in Leyth, four lasts of hides, and from George Cometun one last, whereupon the Provost, Bailies, and Council decerned the said hides to be escheat to the town, or else the ' avail ' of them to be at the town's will, and then, in presence foresaid, the said Anthone held up his hand to ' bide ' at the town's will anent the said hides." The Frenchman thus put himself in the power of these worthies in the matter of the hides, and probably, after exacting a small fine from him, they let him go off with them to France. The port of Leith was from very early times one of the chief ports at which timber was imported. It is indeed rather curious that timber should have been brought into Scotland at all, for the forests of the country were large enough to have supplied all the wood that was necessary. Whatever the reason may be, the fact is that timber has loner formed one of the staples of Leith. In this matter, again, the city of Edinburgh took up a very strong position. It not only claimed a right to make merchandise of all the timber coming into Leith and Newhaven as against the unfortunate inhabitants of these places, or any other " strangeris," but even as against the King himself, or rather his representatives. The King, however, seems to LEITII AND ITS ANTIQUITIES 153 have had a rather sturdy comptroller of customs at the port about 1517, and he was not so easily overruled by the citizens of Edinburgh on the occasion of a Dutch ship arriving there. His resolute conduct led to a scene on the shore of Leith. Eobert Bertoun (the comptroller) and the " men of Leith " took possession of its cargo, and held it against the Edinliui-gh people. This led to an action in the Court of Session, in which the Edinburgh litigants got rather the worst of it as in a question with the comptroller on 7th July 1517. The Lords of Council ordained that when any ships with timber came into the ports of Leith and Newhaven the King's treasurer or comptroller might buy as much timber as was necessary for the King, and that the provost, magistrates, and freemen of Edinburgh, after the King was served, should sell the remainder to all manner of persons for their necessaries and biggings at the same price that they bought it, and ordained that it should not be lawful to any manner of persons not freemen to make merchandise of timber or other stuff with strangers nor other ships coming to the said ports in time to come. See Ajjj^x. 29. The city of Edinburgh did not long rest content with such a judgment. It seems either to have raised a new action or in some way revived the old one. It rather would appear to be a new and more general process which was raised and followed forth to judgment. The comptroller had evidently not limited his claims and dealings to timber only, but extended them to every import ; and this was too much for Edin- burgh, so application was again made to the Lords of Council and Session. On this occasion the Edinburgh litigants were more successful, as on 16th November 154 HISTORICAL NOTES CONCERNING 1518 the Lords of Council decreed — (l) tliat Robert Bertoun and other unfrcemen should desist from Ijuying wool, etc. from unfreemeu. (2) That the said Robert Bertoun and all others should desist from packing and peeling within the town of Leith, and that all merchandise brought there should lie taken to Ediul)urgh to be packed and peeled. (3) That they sliould desist from buying wines, wax, and all other like merchandise coming in at the port of Leith until the masters and merchants of the ships bringing such in went to the officers of the burgh of Edinburgh and entered their goods in the books of the town, but thereafter as much of the goods as was necessarj' for the King might be taken. (4) That the said Robert Bertoun should desist from interfering with the burgesses of Edinburgh, customing their goods so that the inhabitants thereof sliould not be compelled to lay their goods except to such ships as pleased them Ijest. (5) That the Act and Statute made anent the salting and peeling of fish coming in at the port of Leith 1)6 kept in time to come, and that the said Robert Bertoun and all other persons not freemen will not make any market within the freedom of the l)urgh, according to the Act of Parliament, and assoilzied the said Robert Bertoun from the points above written in the decree, so for as it is alleged that he had com- mitted in l)ygone times contrary to the Act of Par- liament, inasmuch as he alleged that he had done so in ignorance, and free from all crime that may be imputed to him thereto. See Appx. 30. Not\\'ithstanding the serious disturbances created in Scotland about this time, the Magistrates of Edin- burgh had still time to look after their interests in a question with the town of Leith, as ^vill be seen LEITH AND ITS ANTIQUITIES 155 from the following ordinance passed by them on 19th November 1519. It limits in three important respects the trading powers of Leith, besides upholding the position of the King's officers : — " All indwellaris of the town of Leyth, and utheris our souerane Lordis liegis being unfremen, may on na wayis buy wyne, walx, victuellis, irne, tymber, lint, pick, tar or any other stapill gudis iubrocht or cumand he strangeris in at the port of Leyth or ony other port within the fredome of Edinburgh, unto the tyme that the merchandis and maisteris of schipis cum to the officiaris of the burgh of Edinburgh and enter thair gudis in the tounbuikis, and thairefter the comptroller, thesaures or utheris the king's officiaris takand alsmekle of all sic gudis as sail be necessary for our souerane Lordis awin 23roper use allanerlie, not abydand upon making of pryces thairof; the officiaris of the said toun makand pryces conform to the actis of Parliament and lauis of the realme, and then the comptroller and thesaures and uther officiaris forsaid to pay as the prices ar maid, and our souerane Lordis liegis to have thair partis of all sick gudis of the samin pryce made be the officiaris and na derrer. Item, na indwellar of Leyth na unfremen, sail buy keyling, hering, selchis, salmond, or uther fishe cumand within the port of Leyth, or any uther port within the fredome of Edinburgh, or salt, or peill the samin, nor send the samin away to England and uther places, except the kingis comptroller, c|uha may tak samekle of the premisses and use and dispone the samin in manner forsaid as it is necessar to the kingis use allanerlie. Item, indwellaris of the toun of Leyth, uather fremen nor na uther unfre persounis, may mak mercat of ony maner of gudis within the fredome of Edinburgh bot 156 HISTORICAL KOTES CONCERNING within the said burgh allaiierlie. The touii of Edin- burgh contra the toun of Leyth." A new industry had now apparently sprung up at the enterprising town of Leith — viz. the salting and peilling of fish, and their exportation to England and other places ; and the inference from the above ordinance is, that this trade, or at least a portion of it, was carried on by the unfreemen of Leith. This could not be tolerated by Edinburgh, as it was an infringement of the jirivileges of the freemen of that city. All manner of restrictions were resorted to in order to put down the unlawful traders, who probably on their part exercised all their ingenuity in creat- ing devices to defeat them. On 22nd November 1519 the Provost, Bailies, and Council ordained the water-bailie to wait upon the entering of all ships coming in at the port of Leith, and see that no wine, timber, or other stuff should be sold until it was entered, and price made, and the King's Grace and the capital first served, and if any goods are sold, that he put the same under arrest to its challenge. Its civic dignitaries were not content with merely arresting the defaulter's goods : they went a good deal further than that. On 23rd May 1520.—" The quhilk day the Provest, Baillies, and Counsall decernis and ordanis Margaret Athkyesoun till desist and ceis fra all maner of selling, making, or taking of walx made within the toun of Leyth, and ordanis her to find souertye thairupoun, and remain still in the Tolbuth quhilk sche fynd the said souertye." Poor Margaret was put in the Tolbooth for selling wax made in Leith, and was to remain there till she found security to desist from thus earning a livelihood. LEITH AND ITS ANTIQUITIES 157 This was rather hard upon the natives. But the hard- ship is greater when, although the dignitaries allowed taverns to be kept in Leith, they apparently did not allow wine to be sold in them, unless sold by freemen of Edinburgh. Thus : " On 9th August 1520. — The Provest, Baillies, and Counsall deeernis and ordanis William Forsyth to con- tent and pay to the Dene of Gild, for reparation of the kirk, the soume of vlL, for the selling of his wyne openlie in the taveroun in Leith, the setting furth of the singis, becaus he confessit the samyn, and put him in the tounis willis thairof." The wine trade in Leith was a grievous thorn in the tlesh to Edinburgh. The Leith people were evidently determined to develop a trade in wine there, and the Edinburgh rulers were as determined that they should not, but that it should be carried on in Edinburgh. The ordinance on this important matter it is advisable to quote in extenso : — " On 18th October 1520, it is statute and ordanit be the Provest, Baillies, Counsale, and confraternitie of Sanct Anthone that James Prestoun, Jhone Adamesoun, younger, Andro Dicksoun, Thomas Cuke, with the maister of the facultie, pas fra this tyme furth quhere ony strangear cummis with wyne of thair awin aventur and buy the haill hoip of the said wynis, or samekle as plesis thame, and mak competent price thairof, and that the samyn wyne be ewinlie devidit and delt amangis the haill con- fraternitie and taveruaris of this town of the samyn price as beis maid first be thame efter the forme of thair auld Actis, and quhen the saidis strangearis makis thair entres of the saidis wynis in the townis buikis that the personis abone-written foregather with the said strangearis and mak the price of thair said wyne 158 HISTORICAL NOTES CONCERNING within this toun of Edinburgh and nocht in Lcith ; and that nane of the tavernaris wyfKs, nor wemen scrvandis, pas to Leith in tymc to cum till waill, sey, or buy ony wynis vnder the pane of the vnlaw contenit in the auld actis maid thairvpon of befoir, and thir personis abone-written till have for thair labouris viij d. of ilk tyne wyne, and ordanis that all the nychtbouris and tavernaris that hes brocht up ony wyne fra Leith of thir last schippis vnmaid and tal)illit as said is, that the samyn be had done agane to Leith incontinet, thair to be tabillit amangis the laif the wyne ewinlie delt amangis the saidis confraternitie and tavernaris as is abone-written, vnder the pane contenit in the auld actis of Sanct Anthone." So strained were the commercial relations between the inhabitants of Leith and the Council of the city of Edinburgh, that the former were again obliged to have recourse to the Lords of Council and Session. One of the questions at issue seems to have had reference to a "jjrize schip," and goods taken by some Frenchmen and brought into the port of Leith ; but that was incidental to the great question between Edinburgh and Leith regarding the latter trading in goods arriving at the port of Leith, which the city of Edinburgh claimed the sole right to deal in on behalf of the freemen of that city. The lawsuit was a rather formidable affair. In the case ^Ir. iVdam Otterbourne, common clerk of the town of Edinburgh, produced a charter and infeftment under the great seal of King James IIL, granting power to pursue all persons breakers of the city's freedom within the town of Leith, and to punish them according to the Act of Parliament. Eobert Bertoun of Ouerberntoun, comptroller, produced a LEITH AND ITS ANTIQUITIES 159 "respect" granted to him by the Lord Governor for the space of nineteen years from the date thereof, regarding all and sundry lands, rents, possessions, etc., and protesting that he might have it admitted in this and other actions. Mr. Otterbourne asked instruments that Robert Bertoun had coft salmon from the Bishop of Aberdeen and pakkit the same in his cellar within the town of Leith, while Patrik Baroune, one of the baillies of Edinburgh, asked instruments that Robert Bertoune and other persons in Leith denied that they had failed in the decree given again.st them. Mr. James Wishart, advocate for Robert Bertoune, and the indwellers of Leith, protested that they might have the decree given against them at the instance of the town of Edinburgh, while Patrik Baroune asked instruments that Robert denied that they had broken any point contained in the decree. James Logan, in the name of the town of Leith, offered to prove that the indwellers in Leith had l)een always in use to buy at prices coming to the port of Leith, and he also, in name of the laird of Restalrig and town of Leith, protested that what should be done betwixt the town of Edinburgh and them in this action should not be to their prejudice. George, abbot of Holyrood House, protested in like manner. The Lords of Council decreed, delivered, and de- cerned that the lands purchased by the said Provost, Bailies, CouncU, and Community of Edinburgh, against Robert Bertoun, comptroller, David Falconar, Edward Cocklnirn, John Kerr, John Low, etc., and the remnant indwellers in Leith, were orderly proceeded in all points because they were conform to the Act and Decree of the Lords of Council at Edinburgh the 16th day of November 1518, and ordained the same to be put in 160 HISTORICAL NOTES CONCERNING execution, and also decerned the prize shi]} and goods taken by the Frenchmen and ])rought to tlie haven and port of Leith to be comprehended in the said first decree, and that the said Robert Bertouu and others, liuyers and intromitters therewith, had (h)ne wrong in buying said ship and goods, and should desist therefrom, and shall restore and deliver to the said provost, bailies, and council and community of Edin- burgh the said goods within the said prize. See Apixc. 31. The injury done to Leith was consideralile, but, with the indomitable perseverance that characterised its inhabitants in days of yore, they soon repaired the damage done to their town and trade. It would be well if its inhabitants of to-day had the same energy, enterprise, and perseverance as characterised their ancestors. They were so persistent in their trading transactions, that the Council of Edinburgh had tacitly to recognise their existence and operations, and make regulations for the purchase of merchandise on equal terms. The following is an illustration of the mollified temper of the times : — " 27 February 1522-23.— The tpiliilk day, the Baillies and Counsall statutis and ordanis that fra this day furth (]uhat nychtbour fremen of this toune that beis present quhane ony vther nychtbour makis ony merchandice or bargane with strangearis in buying of ony merchandice in Leyth or vther place, and he desire ane pairt thairof that he sail have it for the pryce as the bargane beis maid, he payand his pairt of the money promittit for the merchandice incontinent as the pryce beis maid thairvpoun." We find it ordained on 29th October 1524, "that the water-bailie of Edinburgh may hold his courtes LEITH AXD ITS ANTIQUITIES 161 upon the sclioir of Leith, under the stair of the Kingis Wark." The civic dignitaries of Edinburgh kept a firm hold on the shipping of Leith, as well as on the trading interests of that town. Finding that their plans for doing this were being frustrated both by the traders in Leith and merchants and mariners from other ports, they tried a fresh scheme. On 28th March 1525 the Provost, Bailies, and Council ordained, with the consent and assent of the masters and skippers of Leith, that in time to come all the said skippers and owners at the freighting of their ships, before they depart, find sufticient security and caution, under the pain of forty shillings ; that they receive no man within their shijjs to sail in merchandise, neither in France, Flanders, nor any other port, Tvithout having ■writing subscribed by the common clerk of the town or his depute, giving them leave to sail, and that neither the clerk nor his depute should give this writing without the command " be the sersouris ordainit and deput for the samyn, or be the maist part of thame ; quhilk sail be the maisteris of the friary, the dene of gild, the thesaurer of the town, Jhone Adame- soun, Jhone Irland, Nicholl Cairncors, and William Adamesoun." VOL. I. — II 162 HISTORICAL NOTES COXCEENING CHAPTER XIV RESTRICTIONS ON FOREIGN AND LOCAL TRADE Till the 31st day of August 1524 the regency unquestionably belonged to the Duke of Albany, but previous to that date occurred an event which tested the fidelity of the Scottish nobility, and showed how soon they could abjure their engagements to the Regent. No longer controlled ]}y his presence, Queen Margaret determined to place the young King, who had now entered his thirteenth year, on the throne. She gained over to her interest the peers to whom the Scots Parliament had been prevailed upon by the Duke to entrust the custody of the sovereign during his minority. When these arrangements had been com- pleted she left the palace of Stirling, where she had been residing during the regency of Albany, and, accompanied by her son and a small retinue, proceeded to Edinburgh, which she entered amid the joyful acclamations of the populace. The procession moved on to the palace of Holyrood, where a council was held. Violating their promises made to the Regent, the peers tendered their oaths of allegiance to the royal youth, who, being declared of age, formally assumed the government as James V. Peace beino; thus restored, and the King a resident at Holyrood House, the city of Edinburgh settled down to her old LEITH AND ITS ANTIQUITIES 163 ways. The Magistrates gave tlieir minds once more to civic afiairs, the town of Leith still engaging their attention ; for, on 19th August 1524, the Provost, Bailies, Council, and Community ordained all the neighbours of the burgh of Edinliurgh, craftsmen, and others, to "forgather" in their best array, " bodin for weir," on Monday, or any other day needful, to pass with the Lord Provost to make the King's Grace service, and to convene at the Netherbow, " under the pain of an unlaw." "Whether the inhabitants of Leith took any official part in the King's " erection " is not recorded, but we may rest assured that many of them at least were spectators. A large number of the leaders in the Estates signed a bond to stand by the King and his " erection." About the year 1525 Lennox and his faction demanded that the Parliament should assemble within the castle, to secure them against any disturbance that might take place ; but Angus, and a numerous body of the nobles, and others, protested " that the Parliament be kept in the accustomed place, and that the King be conveyed along the High Street, and in triumph shown to his own people." And this being denied them, they surrounded the castle with 2000 men in arms, completely preventing the supjjlies of the garrison. Those in the castle retaliated by firing on the town ; but their differences were happily accom- modated, and " the King in magnificence and pomp is convoyed from the castle to his palace at Holyrood- house, and the Estates assemble in the wonted place of the town of Edinburgh." The Earl of Lennox assembled a numerous body of adherents in the following year, and marched 1G4 HISTORICAL NOTES CONCERNING towards Edinburgh to the rescue of the King ; 1)ut Angus not only caused the Provost to ring the alarm- bell and raise the town in his defence, Ijut he persuaded the King, though much against his will, to head the buroher force against his own friends. "Then the King caused sound liis trumpets, and lap upon horse, and caused rinsr the common bell of Edinburoh com- manding all manner of men to follow him. So he issued forth at the Wast Port, and the tounes of Edinburgh and Leith with him, to the numl)er of thrie thousand men, and passed fordwards with thame," Ijut only to arrive in time to witness the deatli of the Earl of Lennox, and the complete discomfiture of his party. Meanwhile the petty customs of the city were being evaded, and the " farmer " or ingatherer of these had applied to the Provost and Bailies for redress, with the result that on 21st October 1525, "The Baillies and Counsall ordainis Andro Vddart, fermorair of petit customes and wyld aventouris of Leyth, till pas, and intromett with the wad or ony vther geir l)eand vpoun the schoir of Leyth, as he alledgit vnenterit in the ownis buikis, to be disponit as the toun thinkist expedient." No sooner is the trouble relating to wood more especially disposed of, than a fresh one arises about wine. The Leith men were determined not to allow their trade to be suppressed. So on 26th October 1525, " The provost, bailies, and counsall statutis and ordanis that na maner of persoun, tavernour, and vther nycht- bour of this burgh sell nor tap wyne in thair taverne or houssis darrer nor for xij d. the jiynt, under the pane of escheiting and deling of thair wyne but fauoris ; and als ordanis ane officer to pas to Leith and dischairg all maner of personis in Leith fra ony buying, tapping LEITH AND ITS ANTIQUITIES 165 of wyne in tliair lioussis with certificatioim, and thai do in contrare heirof, that the toun will putt the Kingis lettres and proces of hornyng till executiouu vpouu thame ■wdthout favouris." The tacksmen of the petty customs had again evidently been left out in the cold by the ingenuity of the Leith men, but their scheme was discovered afterwards, for, on 6th March 1525-6, " Baillies and Counsall decernis and ordanis Jhone Forster till content and pay till Andro Vddart, fermorair of the petit customes of Leith for the tyme, for the custome and dewteis of his guidis quhilk he broctht hame in to Jhone Downis schip furth of Flanderis in Auo'ust that last wes baith for the gudis enterit be him in the said schip, and for the custome of the guidis being in the schryne pakket and ha' me (sic) barrell extending to xiiij xxx li., greit at the first waring, as he maid fayth himsel, and for the custome of certane pypis of wad, cphilk wer previt cumin hame to the said Jhone in the said schip and vnenterit in the townis buikis the sowme of xiiij li. Scottis money for his custome and dewteis thairof; and als decernis and ordanis the said Jhone Forster till content and pay to the guid town and kirkwerk thairof in assythment and contentatioun of the escheit of his guidis quhilk he fraudfullie left vnenterit in the townis buikis, as wes sufficientlie provin be witnes, and be his awin confessioun, the sowTue of ten pundis vsuall money of Scotland to be payit within terme of law." The stringency of the regulations which governed communication mth foreign parts in those days is well illustrated by an Act of Parliament passed against taking money out of the country. What the intention of the Legislature was it is difficult to see. Probably 166 HISTORICAL NOTES CONCERNING it was intended to develop a barter trade, liut this is only conjecture. By this Act, bearing the date of 12th of June 1526, in the reign of James V., the Legislature appointed " Archiljald Douglas, Provost of Edinlnu'gh, to be sercher-principall at ye port of Leith with sic deput as he plesis to deput under him, to serche and seik all manner of persouns passand furtli of this realme, at ye said port, sa that nane of thanie tuk furtli money, gold, or siluer with thame, cunzcith (coined) or uncunzeit (uncoined), and siclike, the said Arehibalde to deput under him a serchor at every port of the realme to that effect, that ye money may remaue in ye same uncareit furtli of the realme, con- forme to ye auld Act of Parliament made thereupon of before. And ye said serchor to escheit and tak all sic money to be had away ; and that ane half of ye money escheitet to be inbrot to our Souerane Lordis use, and that ye utlier half to remane with ye serchor for his laubor." The maltmen of Leith, again giviiio; the Edinl)urgh people trouljle, are summoned to appear. On " 24th November 1526, anent the article proponit of the grete oppressioune commitit and dayle done by the malt makaris of Leith vpoune our Souei'ane Lordis liegis throw the exorbitant derth raisit be thame, and of thair causing throw all the hale realme, it is devisit, concludit, and ordanit that Archibald Douglas, Provest of Edinburgh ; Tliesaurer William Scott of Balwery, justice, in absence of the justice-general, and Nicol Crawford of Oxingangis, justice-clerk, call the said maltmen to compere before thame the xj day of December nixt to cum, and put thame to the knaw- ledge of ane assise for comoune oppressioune, and to execute justice vpoune thame gif thai be convict, con- LEITH AND ITS ANTIQUITIES 167 form to the lawis of the reahiie." {Acts of Parliament of Scotland, vol. ii. p. 315.) That the Earl of Anwus — the head of the Douglases, who were now the ruling power in Scot- land — appreciated the importance of Leith, appears from the following extracts from the Treasurer's (Oct. 18 and 28, 1527) Accounts : — " Oct. 18, 1527. — Item, to Johnne Gourlaw to arrest all the schippis in Leithe ; and also to warne and charge all ye maltmen, baith of Leithe and Cannogatt, to haue aill and malt reddy for the camp, ij s. "Oct 28, 1527. — Item, ane lettre to be execute and proclamit in Leithe, etc., yat na Northland men returne oure the watter, to ye agane-cuming of my lord Gouernour fra ye Camp, under the pane of deid, V s." But neither the national troubles nor those of the capital prevented the civic dignitaries of Edinburgh from supervising the enterprises of the intrepid Leith traders. Thus we find that the liquor trade, a staple in the good old port, was being developed, but its development at the cost of Edinburgh must be checked. Accordingly, on 23rd November 1529, "It is statute and ordanit, be the provest, bailies, and counsall, that na maner of persone induellar within this burgh, man nor woman, bring ony aill furth of Leith, till tap, sell, or drink in their houssis, fra Monemday furth nixt to cum quhill twa monethis begane thareaftar, under the pane of eschaet of the aill that cuwmys in the contrar but favouris." Evidently, the Edinburgh brewers had a stock on hand sufficient for two months, and none could be received from Leith during that time. The Leith ale must have been good, probably of better quality than 108 HISTORICAL NOTES CONCERNING the Edinburgh, otlierwise it could not, in the circum- stances, have found its way into the city. Nor was ale the only article of good quality that came from Leith. The port had also in those early days a reputation for bread, and, what was very important, the 1)akers seem to have been an honest lot, the weight of whose loaves could be thoroughly relied uiDon. So much so, indeed, was this the case, that even in the midst of all the jealousy which existed on the part of Edinburgh towards Leith, the authorities of the former burgh made the weight of the bread manufactured and sold in Leith a standard for other bakers, thus : — " On 15 December 1529. — The provest, bailies, and counsall statutis and ordanis that the lang fage of quheit breid sauld be unfriemen on the merket dais be gid and sutiicient stuff, weill bakin and dryit, and at thai keip the wecht and pais of the ij d. laif and iiij d. laif of quheit breid of the w^echt of Leith ; and als ordanis that the fowattis of Musselburgh and atheris sauld be unfriemen apone the merket dais, be Weill bakin and dryit, gude and sufficient stuff, and at thai keip the pais of the ij d. laif and iiii d. laif of quheit breid of the wecht of Leith, under the pane of eschaet of the samyne ; and at na hukstar sell nor tap ony of the saidis fagis nor fowattis within thar houses in tyme to cum, under the said jjayne ; and als ordanis that quhat persone that baikis ony aitt laiffis that thae be gude stuff and fresche, and at the penny laif thairof wey the penny laif wecht and thrid part wecht of quheit breid, under the said pane ; and at the dekin and masteris of the baxtaris tak Thome Arnot, officiar, or ony ethir officiar thai pleise with thame dalie quhave thai lyk to put this act till executione." The fear of the j^lague that was prevalent in the LEITH AND ITS ANTIQUITIES 169 year 1530 did not deter the people of Edinburgh from desiring to obtain the good ale that was brewed in Leith. Indeed the sellers of liquor in the city probably found that their customers liked good ale and cheap, and that this demand could best be met by getting ale from Leith. The city of Edinburgh was determined, however, to put down this trafhc, and accordingly, on 4th January 1531, we find the following entry in the Council decrees : — " The quhilk day, the provest, baillies, and counsale ordanis Johne Anderson till decess and ses fra all maner of selling and tapping of ony Leith aill in tyme to cum. Thir ar the personis that hes brokin the statutis of the toune, in the bying of Leith aill and selling of the samyn again for xx d. the gallone, Johne Archibaldis wiftV (Here follow five names.) The Provost, Magistrates, and Council of the city of Edinburgh seem to have had some kind of risrht of patronage in connection with the chapel of St. Anthony in Leith. Various persons had made gifts and donations to the chapel, and erected altars therein, in connection with which certain privileges were accorded. Probably the city of Edinburgh had erected an altar, and had in virtue thereof the right and privilege of presenting a chaplain. The city at any rate did exercise such a right, as we find from the following entry: "6th October 1534. — The quhilk day the provest, baillies, counsale, and com- munitie gevis and grantis to Sir David Lausoun the chaiplanrie and service of the Magdalene Alter in Sanct Anthonis Kirk in Leyth, vacant in thair handis be deceis of umquhile Sir Jhonne Henrisoun, last chappellane thairof, with all and sundrye proffittis, etc., for all the dayis of his lyfe, efter the forme of 170 HISTORICAL NOTES CONCERNING the fundatioun," etc. There would seem to have been some profits accruing from this office in addition to the honour. Probably these were dues for saying prayers, the celebration of marriages, baptisms, and other ceremonial rites. The office of water-bailie having fallen vacant about this time, the Provost and Bailies make a new appointment tliereto. It seems to have been a life appointment, for the performance of the duties of which certain dues and profits were exigible. Ap- parently it -was one of some importance, made by the whole Council, and ratified by appending the common seal of the burgh. The followino; is one of the appointments: — "17th March 1534-5. — The quhilk day the provost, jMaister James Lawsoun, Symon Prestoun, William Uddert, Jhonne Mauchane, baillies, ]\Iaister Francis Bothwell, Eobert Logane, Hew Douglas, Thomas Scott, Gilbert Lauder, George Kant, Alexander Spens, Maister David Ireland, AVilliam Rynde, AUane Mosman, Thomas Rynde, William Aikenhead, George Leith, George Burt, Alexander Young, Henry Crans- toun, Davie Gellaspye, Robert Symsoun, James Littil- jhonne, Thomas Myrraleis, James Wallace, masoun, Patrick Vrye, Jhonne Kyle, Andro Edzer, William Elphinstoun, William Raa, and James Vor, quhilk personis above writtin gevis and grantis till Patrik Barroun the office of watter baillierie of thair port and havin of Leyth, with all and sindrye [)rofittis and dewitees pertenyning thairto for all the claj'is of his lyfe, and granttis to him thair commoun seill thair- upon," etc. The regulation of the proper price of goods seems to have formed a most important part of the duties of the ruling powers in former times. To their credit LEITH AND ITS ANTIQUITIES 171 be it recorded, that nearly all the ordinances regulating these prices are framed for the purpose of limitation — in other words, their object was to prevent the prices going too high. Cloth seems to have been imported from France and Flanders, as well as manufactured in Scotland. Satin and black cloth being in great demand, the Lord Treasurer passed an ordinance regu- lating its price, which was to be enforced by all civic dignitaries. The following is one of these orders : — " 8th July 1536. — The quilk day in presens of my Lord Maxwell, provest of Edinburgh, baillies, and counsall of the samyn, Robert, abbot of Halyrudhous, thesaurer to our Soverane Lord, producit ane writting subscriuit with the lord's hands, and designit the samyn to be insert in thair buikes, of the quilk the tenour foUowes : The lords understands that the King's Grace and all the lieges of his realme has instantly ado with black velvott, satyne, damiues, and all sorts of black clayth, alsweill Frainche claytli, Flanders clayth, as Scottis clayth, and thairfore ordanis the provest and baillies of Edinburgh to command and chairge all merchants and uther persouns haifand sic stufe within this toune and Leyth, and all uther pairts of this realme, that na man of thame tak on hand to raise the pryce of ony of the stuffis foresaidis for the occasioun that is nowado, darrer nor it hes been done coft and sawld in tyme bygane, under the pane of escheating of the moveable guids if ony of thame that dois in the contrair ; and at oppin proclamation be maid at the mercat croce of this burgh, that ony persoun that can find or preif that ony merchant dois in the contrair hereof, or hydes gear unsawld for the pryce that wes in tyme bygane, that the said persoun sail haif the c[uarter of the eschiett for his lawbouris. 172 HISTORICAL NOTES CONCERNING upon the quliilk the said thesaurer askit instrumentis. AVitnesses, all the bailies with divers others." The penalty prescribed for raising the price of the cloth was a pretty severe one, viz. the forfeiture of the cloth altogether ; and not only that, l)ut for- feiture of the seller's entire movable goods. The informer against the infrino-er of the ordinance was to have a fourth of the quantity of the escheat or for- feiture, as a reward for the information given. This reward might be very valuable in the case of the escheat of an opulent merchant. LEITH AND ITS ANTIQUITIES 173 CHAPTER XV THE OLD ALLIANCE James V. had now not only the name, but, though extremely young, the full authority of a king. He was only fourteen years old when he freed himself by a stratagem from the stern control of the Douglas family. Yet he displayed even at that early age most of the qualities of a wise and good prince. Beaton, though an unscrupulous and licentious prelate, was a prudent and patriotic counsellor. He was the chief adviser of James V. at a time when he stood in need of wise guidance. The English King- was endeavouring to lure the Scottish King to York, while the crafty Wolsey was intriguing with all the ingenuity he was capable of to get Beaton there also. Beaton, however, was quite a match for Wolsey. He would not sanction the young King's going farther than Newcastle to meet the English King, and would not himself move out of St. Andrews on any account. The project of a marriage between the Princess Mary of England and the Scottish King having failed, it was considered politically expedient in Scotland that a matrimonial union with a French princess should be the means of strengthening the old alliance with France. Accordingly, "Mary, daughter of the Duke of Vendome, of the Bourbon branch of the royal 174 HISTORICAL NOTES COXCERXING family, was selected, and the marriage was made matter of treaty by the King's ecclesiastical advisers." James thereupon set off to France as a private wanderer, to get sight of his intended bride. He embarked at Leith, but, the wind being adverse, he was in danger of being driven ashore on the English coast. He therefore kept northward, going round Scot- land, and landed in the Firth of Clyde. Nothing daunted, however, James embarked again at Leith on 1st September 1536. He now travelled in a more royal fashion. The expedition consisted of seven ships, one of which was 700 tons burthen, and of about 500 people. They reached France ; but when the King saw his intended bride, he was less enamoured of her than of Magdalen, the daughter of the King of France. She was very beautiful, but one of those delicate flowers which are seen to bud but too often wither before they burst into full bloom. Her father pointed to her delicate health as an objection, but the lover was ardent, and the fair daughter of France was not unwilling. Accordingly, the royal pair were married with all pomp and ceremony, and the newly-united King and Queen sailed for Scotland early in the spring of 1537. They landed at Leith on the 29th of May 1537, with all the navy that convoyed the King through the seas. It numbered about fifty ships, of Scotchmen, Frenchmen, and strangers. "And when the Quenie was cum upon Scottis land, she bowed down to the same and kissed the mould thairof, and thanked God that her husband and she was cum saiff throw the seas. Thairefter, they passed to the abbey of Holirud- house, thair to remaine quhill the triumph of his arrival and welcome home was maid." The royal LEITH AND ITS ANTIQUITIES 175 couple received such display of welcome as the state of the country could afford. But the happiness of their wedded life was not destined to last long. The cold chilly east wind, for which Ediaburgh is remark- able, proved too much for the beautiful French exotic transplanted to this clime, and she succumbed to that dire disease, consumption, on 7th July of the same year in which she landed (15.37). Between Scotland and Eno;land the old feelinos of animosity still continued. The King of England was still further exasperated by the failure of his nephew, James V., to attend the meeting that had been arranged between them to take place at York. Henry was so mortally offended that he made at once a declaration of war, and thereupon sent numerous forces to ravage the Scottish border. In the conflicts which ensued James met with successes which emboldened him to prepare for more decisive acts of hostility. He as- sembled the array of his kingdom, and in the autumn of 1542, marching from Edinburgh on his way to the Border, proceeded as far as Fala ]\Iuir, a plain near the Avestern end of the Lammermuir Hills. But war with England was now extremely unpopular with a large section of the Scottish nobility. When tidings arrived that the Enoiish sreneral had withdrawn his forces into Euoland, the Scottish barons intimated to their sover- eis;n their determination not to advance one foot into the enemy's country. James, finding himself thus generally thwarted and defeated by the leaders of his forces, disbanded his army and returned to his capital, dishonoured before his people, and overwhelmed with the deepest dejection of mind. Yet, although thus abandoned by the great majority of his nobles, he was not -u-ithout some supporters. The opulent body of 176 HISTORICAL NOTES CONCERNING the clergy were uiiauimous in the prosecution of the war. A few peers also endeavoured to recall their brethren to a sense of their dut)". To retaliate the inroads of the English and wipe out the memory of Fala Muir, an army of ten thousand men was collected to invade England on the western border. It had just entered English ground, however, when the Royal Commission, appointing Oliver Sinclair to the command of the expedition, was read aloud to the troops by a hei^ald. Oliver was a peculiar favourite of the King, and was on that account an object of hatred to the nobility. He also shared with the clergy the unpopu- larity of the war. His appointment was received with murmurs of disapprobation. In vain Lord Maxwell and a few of the most loyal peers attempted to over- come the antipathy of the disaffected nobles. The army instantly fell into a state of extreme confusion. It was at this crisis that Dacre and Musgrave, the English leaders, who had advanced to reconnoitre at the head of three hundred horse, approached the Scottish camp, and became sensible of its disordered condition. At full speed with levelled lances, and in a compact body, this handful of English Borderers charged the numerous squadrons of the invading army. The Scots fled without even attempting resistance, and numbers of noblemen and gentlemen suffered themselves to be made prisoners rather than face the displeasure of their disappointed sovereign. The unfortunate James had lately been harassed by various calamities. The death of his sons, the defection at Fala Muir, and now the defeat at Sol way Moss, made a deep impression on his mind. He shut himself up in the i^alace of Falkland, and refused consolation. A slow fever, having its seat in the misery of a wounded spirit, preyed upon his LEITH AND ITS ANTIQUITIES 177 frame. In this state of mind he received tidings of the birth of a daughter, which served only to suggest a meLancholy reflection upon his inheritance of the kinodom. " It came with a lass," said he, " and it will o'o with a lass." On 14th December 1542 he died of the saddest of aU diseases — a broken heart — in the very prime of his life, in the thirty-first year of his age and the twenty- ninth of his reign, and leaving an only daughter, Mary (born at Linlithgow on the 7th December 1542), as heiress to the Scottish crown. VOL. I. 178 HISTORICAL NOTES CONCERNING CHAPTER XVI EXTORTIONATE EDINBURGH How to exact the most money from Leith has been the chief interest of Edinburgh from its earliest con- nection with that town. As a grant of petty customs had been obtained, trade increased, so did the amount of the customs ; and so, thought Edinburgh, should the jurisdiction within which she might collect them. It has already been seen how great a trade was carried on between Leith and Fife, and from the boats which ran between Leith and Burntisland the city considered it had a right to get dues of anchorage and also petty customs on the goods carried. The owners of the boats thought otherwise, and the parties appealed to the Court of Session to settle the dispute, with the result that decree was pronounced against Thomas Rechartsoun in Leith for payment of petty customs to the Provost and Bailies of Edinburgh. Meanwhile the funds of the city of Edinburgh were running low. Its representatives were feuing their lands for money instead of corn, and the Council had actually mortgaged the northern vault of the Netherbow Port for 100 merks Scots. It therefore had need to look after the revenues, and naturally, according to ancient use and wont, turned its eyes to LEITH AND ITS ANTIQUITIES 179 the port of Leith, which afforded au endless revenue, while it was also a never-failing source of trouble in the getting of it. The regality of the abbey of Holy- rood House extended down to the north side of Leith (embracing the village which was afterwards known as North Leith), and the inhabitants there considered that as they were resident within the bounds of the abbey they were exempt from the petty customs pay- alilc to the city of Edinburgh, and were answerable only to the abbot and convent of Holyrood. The Provost, Bailies, and Council could not allow this. The aid of the Lords of Council and Session was invoked accordingly, \\ith the result that they pro- nounced the foUowdng decree against certain in- habitants in the north side of Leith, finding the Provost and Bailies of Edinburgh to be competent judges in regard to petty customs: — "Edinburgh, 17th February 1540. — Anent the supplication given in be Thomas Richartsoun, Florence Cornetoune, and Johnne Kar, induellaris in Leith, vpoun the north syde thairof aganis the provest, bailies, counsale and commuuite of the burgh of Edinburgh, Robert Wat- soun, that whair the saidis personis ar attechit and warnyt at the command of the saidis provest and bailies, to compeir befor tham to ansuer at the instance of the said Robert Watsoun, thesaurer of the said burgh, to here thame be decernit to pay to the saidis provest and bailies thair petty custumes of certane yeris last bipast, albeit the saidis provest and bailies ar na competent jugis to thame becaus thai duell within the regalite of the Abbay of Halyrudhous, and suld ansuer to the abbot and convent of the said abbay of the sam and thair bailies or befor the lordis of counsale and nane vtheris, and als the 180 HISTORICAL NOTES CO^X'ERNING said pro vest and Ijallies ar suspect to be jugis to tham iu the said mater, that being baith juge and party iu thair commoun actionis, considering thai and thair predecessouris duelland vpoun the north syde of Leith within the said regalite continualie past memour of man, war ay fre from all payment of ony petty custumes to the touu of Edinburgh, and ar infeft farlie thairintill without ony custumes or ancarage to be payit to thame thairthrow as at mair lenth is contenit in the said supplicatioun. All the said is partiis being personaly present, thair rychtis resons and allegationis etc. The lordis of counsale vnderstandis that the provest and bailies of Edinburgh are competent jugis in the said mater, and findis na caus whairfor the said mater suld be advocat befor the saidis lordis ; and that letteres be direct herupoun as efleris.'' {Cliarters, etc. relating to the City of Edinhurgh, vol. i. pp. 210-211.) The Provost, Magistrates, and Council seem to have had periodical times when they made a raid upon the offenders against those statutes. Thereafter they held a High Court day, when the oft'enders were brought before them, and the cases adjudicated upon according to their merits. The 10th of January and 17th Feb- ruary seem to have been two of these grand field days, as appears from the following : — " 10th January 1540-1, the quhilk day the provest and baillies sittand in jugement, decernis and ordanis Jhonne Kar and Patrik Loch, in Leyth, to remane in waird within the tolbuth, ay and quhill thai lose thair hering and guddis con- fessit schippit be thame in the Lyttil Unicorne, within the schore and havin of Leyth, uocht fraucht and the samyn within the toun, as use and consuetude has bene in tymes bygane, and the said Jhonne protestit for remeid. LEITH AND ITS ANTIQUITIES 181 "17 February 1540-1, the quhilk day the provest and baillies sittand [in] jugement, Thomas Richartsoun, duelland beyond the brig of Leith, coufessit that he became souertie to Robert Watsoun, thesaurer of the gude toun, for payment of pittye custome of all guddis awing to the toun, and passing out of thair ha\'iu of Leith in his boit, to Jhonne Sandis schip at this vayege, and of his awin consent to gyf in writ the hale guddis and names of the awneris thairof send furth of the said havin to the said schip, sua that the said thesaurer may resave his dewitees for the gude toun and pittye customes thairof. " The quhilk day, the provest, baillies, and counsall, sittand in judgment, decernis and ordanis Florence Cornetoun, induellar in Leyth, to content, pay, and deliver, to Robert Watsoun, thesaurer of this burgh of Edinburgh, for his petit customes of vii lastis herring and ane half, confessit be him, enterit in our Souerane Lordis customaris bukis of this burgh, and passand furth of thair port of Leith in this vayege, the soume of [ ] because he confessit that their was sa monye lastis pertening to him and enterit in the Kingis customaris bukis of the burgh, and ladyn furth of the havin of Leith, quhilk soume the saide Florence payit to the said thesaurer in jugement. "The quhilk day, in presence of the provest [and] baillies sittand in jugement. Florence Cornetoun allegit that he had payit his petit customes claimit fra him be Roliert Watsoun, thesaurer, for viij lastis and aue half hering ladyn furth of thair port of Leith and pertenguge to him in the Kingis fre burgh of Austruther, and thairfor sould nocht pay the samyn petit customes double to the gude toun. " The quhilk day the provest, baillies, and counsale, 182 HISTORICAL NOTES CONCERNING sittaud in jugement, they decern and ordanis Jbonne Kar, induellar in Lcyth, to content pay, and deliver to Ro1)ert Watson, tliesaurer of this burgli of Edinlmrgh, for fyve hxstis hering confessit ladyn and had furth of thi [port] of Leyth, at this vayege for his petit customes thairof awin to the gude towne xxx s., quhilk sowme he instantlie payit in jugement. (Memorandum. — There wes twa deeretis o])teuit before the Lordis of Sessioun be the toun this day aganis the thre personis abone expremyt, viz. : — Thomas Richertsoun, Florence Corne- touu, and Jhonne Kar, that ane decernyng thame to pay thair customes on the yond syde of the brig, and that uther that the toun is judges to them as to the decretit properties maid upoun thair supplicatiounis gevin in aganis the toun allegeand thame fre of pay- ment of customes, and that the gude toune sould nocht be juges to them thairauent, etc.)" But l^esides regulating the prices, the Provost, Magis- trates, and Council of the city of Edinl)urgh fixed the freights payable for the transit of goods in ships, and specified the ports at which the ships should call on their voyage. Here are examples of their ordinances : — "30th April 1541.— The quhilk day, the provest, baillies, and counsale, ordains the skijiparis of Leyth and all vtheris frauchtit be the gude toun to Flandaris at this voyage, to pas to the port of My ddil burgh with thair schippis and guddis, and that they tak na mair fraueht bot samekle as thay ar frauchtit for in the towuys bukys, that is to say fra Scotis men xx s. greit the mortcharge and xxj s. greit the lycht guddis, and the Flemyngis xvj s. greit the mortcharge and xvij s. greit the lycht guddis, as thay will ansuer to the gude toun vnder the pane of tynsale of thair frauchtis and pynish- ing of thair personis at thair returnying, because the LEITH AND ITS AXTIQUITIES 183 men of gude with the provest, baillies, and counsale convenit vpoun the stapill vpoun this vayege hes declarit and foun expedient to pas to the said port of Myddleburgh, and souertie foundin for the privilege, and gevin be James Henrison in the said townys name, and the shipperis consentit to the fraucht abone, expremyt. "The quhilk day, in presence of the provest, baillies, and counsale, Leonard Cornelius oblissis him to pas w^th his ship to the port of Myddilburgh at this voyage, and lose the guddis at the samyn port under the pane of ane hundred pundis greit to be payit to James Henrison in the tounis name to be furth cummand to thair common o'ude." O Here again we are met by the difficulties encountered by the Council in the regulation of the wine trade at the port of Leith. This commodity was an important source of revenue, and was, in consequence, well watched and regulated. One of the ordinances relative thereto was an absolute prohibition of buying wine from Leith. "\^^lether the Leith merchants were sup- plying wine cheajjer than the regulated price, does not appear. Most probably that was the case, as they were keen to do business. At all events, the trade must be stopped ^^^tll Leith till the prices were regulated anew. Hence the foUowinsf ordinance: — "19th December 1543. — It is statute and ordanit that na maner of persoun within the burgh pas to Leyth for bying of wine in tyme cuming, vnto the tyme the gude toune first sett pryce thair\'pon according to the Acts of Parliament, and thairafter that ilk taverner be warnit to half thair pairt as efferis." "Whether or not this was designedly passed at New Year time to injure the trade of the port, can only be 184 HISTORICAL NOTES CONCERNING conjectured. That it would have this effect there cannot be a doubt. The view, that this was the inten- tion of the civic dignitaries, is rather confirmed when we find that " the tyme when the gude toune sett the pryces" of the wine was the 25th of February in the following year, when all the demand for the New Year supply would be past. The following is the ordinance: — "25th February 1543-4. — It is statute and ordanit be the provest, l)aillies, and counsale, that in tyme cumind that thair be na clarett nor quhyte wyne be sauld darrer than xvj d. the pynt, als that Eomany wyne be sauld na darrer than for ij s. the pynt, and that the saidis wynis be nocht sauld privatly bot commonly till all our souerane lordis lieges vnder the pyne of eschett of all the wynis being in the taverne, yuhair sic wynis ar sauld or in hiddellis." LEITH AND ITS ANTIQUITIES 185 CHAPTER XVII THE BURNING OF LEITH Henry, it is said, expressed much concern for the death of his nephew. At the same time he formed a plan of uniting the kingdoms of England and Scotland, by a marriage between the infant Queen of Scotland and his only son, Edward, then a child ; and, to attain this object, made use of bribes, intrigues, and all manner of negotiations with the lords of the English party in Scotland. He also desjiatched Sir Robert Sadler as his ambassador to the Scottish Court, to arrange the necessary preliminaries. Sir Robert Sadler found his mission to Scotland rather an arduous task. The people distinctly recog- nised that the aim of England was to annex Scotland, and they resented and hated England and English interference in consequence. They preferred to be on cordial terms with France, as Sir Robert found out. No sooner had he presented his credentials, than George Douglas let him know that if there was any attempt at dictation on the part of England "there is not so little a boy but he will hurl stones against it, and the wives wall handle their distaffs, and the commons universally will rather die in it, and every nobleman and all the clergy be fully against it." Notwithstanding this plain speaking, Sadler knew 186 HISTORICAL NOTES CONCERNING the master he had to serve, and taxed his ingenuity as to what he should do. He was under the impression that the queen-mother, JMary of Lorraine, was the chief obstacle to the carrying out of the object of his embassy. He therefore resolved to apply to what he considered was the fountain-head of the opposition. To his astonishment, he found her apparently the only person favourable to the match. She expressed her pleasure at the prosjiect of her daughter's removal to England, and desired personally to go to England, as she was surrounded by enemies and in great danger.- She wished this, however, to be preserved as a sacred secx'et from all in Scotland. But Mary was a deeper diplomatist than the ambassador, and, according to the canons of diplomacy, was playing a part in this negotiation which, in a certain sense, was both creditable to her head and heart. Had the ambassador been as wily as Wolsey, he would have taken the hint she gave him when she expressed the opinion that " the Cardinal (i.e. Beaton) if he were at liberty might do much good " in regard to the child's removal. The ambassador only replied that he thought the Cardinal would rather do h:irm, for he liad no affection towards England. The Cardinal was, or was said to be, in prison on a charge, among other things, of conniving with " the French leader, the Duke of Lorraine, the queen- dowager's brother, to bring a fleet from France and overawe the Government, and perhaps carry off the Queen." This was an attempt to set up the dread of French against the dread of English invasion. It was futile in the state of feeling between Scotland and France. " One day several strange sails were seen in the Firth of Forth. ' There comes the French fleet,' cried the alarmists. But these worthies were rewarded LEITH AND ITS ANTIQUITIES 187 with the discovery that the supposed straugers were a Scots man-of-war sailing up Leith Roads with several English merchantmen in tow, prizes taken before an armistice had been arranged." A French fleet at this time would have had a friendly welcome, but no such force appeared until it was anxiously desired and urgently required. Soon, however, matters somewhat changed, for, " on the 1st July 1543, two treaties were adjusted in London — one for an alliance between England and Scotland, the other for the marriage of Prince Edward to the Queen of Scots. The treaty included the allies on both sides, and France was named among the allies of Scotland. The Scots ambassadors were charged with yielding more than they had a right to yield when they did not insert the old positive clause of King James IV. 's day, which required Scotland to attack England whenever there was war between England and France. On the other and more essential point of giving up " the child " there was also a compromise. She was to be given up at the end of ten years, and then the ceremony of marriage was to be performed. It was to be a real actual marriage in face of the Church, not a mere contract, though of course the young people would continue to live apart, and the Scots princess was to take rank as Queen of England. The treaty contained full and clear stipulations for the preservation of the independence, sovereignty, and name of Scotland as distinct from England, and for the extension of the crown to the heirs of the Queen, should there be no descendant of the marriage to inherit both crowns. According to the Scots Constitution, the treaties had to he ratified by the Estates. This appears to 188 HISTORICAL NOTES CONCERNING have been done after a fashion in August 1543, but in the absence of the Cardinal and his accomplices. The Regent Arran, who had been a party to the ratification of the treaty, now reversed his policy, and Sadler writes on 5th September 1543, that "the Governor being left here alone, saving only the Abbot of Paisley and David Ranter, which are suspect to be of the Cardinal's faction, is now revolted with the said Cardinal and his complices." Henry was now exasperated beyond measure, and in his heat could not wait for a regular w^ar, but ordered the seizure of several ships which had entered English ports under stress of weather, relying on the protection afforded to them by the truce. These ships were chiefly owned by Edinburgh and Leith mer- chants, were laden with fish destined for France, and had mostly sailed from the port of Leith. Negotia- tions were opened with the view of getting their ships and their cargoes restored, and there was some private offer made for the contenting and quieting of the shipowners. This war was made in such a way and was of such a character as to be inconsistent with the national honour of the country. Sadler reports on 25th October that they had made no answer to the proposal, "but, as I am informed, they be greatly oflended wdth that condition, and they say they will not only lose their ships and goods without making any further suit for the same, but rather they will lose their lives rather than grant that condition and become traitors to their own country." At a meeting of the Estates held early in December, the treaties were repudiated as having been broken by King Henry in the capture of the ships and other acts of hostility. At the same meeting there were present. LEITH AND ITS ANTIQUITIES 189 as ambassadors from France, the Sieur Jacques de la Brosse, aud Jacques Mesuage, with whom the Estates ratified and renewed " the auld ancient leagues, con- tracts, and considerations of amity and kindness passed at all times before betwixt the Kings of Scotland aud of France," rccei\nng from the ambassadors promise of " aid and supply to our Sovereign Lady, the Queen's Grace, and nobles of this realm, for the defence of the same and liberty thereof, against the King of England." The repudiation of the treaties, and the attitude of Scotland generally, brought matters to a climax, and Henry despatched an English herald to Edinburgh, who appeared there and made a declaration of war against Scotland. Following on this, Henry issued orders to his Council on the Border as to how Scotland was to be treated. The great English army was at this time in France, and the problem which Henry and his Council had to solve was how to spread the greatest amount of misery in Scotland, how to do the most damage possible, and kill the gi-eatest number of Scotsmen, with the least expenditure of money and the smallest possible armed force. To this end the Council gave instructions to Hertford, of which the substance is thus noted : — " They tell Hertford in Henry's name that the grand attempt on Scotland was delayed for a season, and that he, in the meantime, was to make an inroad into that kingdom, there to put all to fire and sword ; to burn Edinburgh town, and to raze and deface it when you have sacked it, and gotten what you can of it, as there may remain for ever a perpetual memory of the vengeance of God lighted upon it for their falsehood and disloyalty. Do what you can," continue they, " out of hand and without long tarrying to beat down 190 HISTORICAL NOTES CONCERNING and overthrow the castle ; sack Holyrood House, and as many towns and villages about Edinburgh as ye conveniently can. Sack Leith, and burn and subvert it, and all the rest, putting man, woman, and child to fire and sword, without exception, wlien any resistance shall be made against you. And this done, pass over to the Fife land, and extend like extremities and destructions in all towns and villages whereunto ye may reach conveniently ; not forgetting, amongst all the rest, so to spoil and turn upside down the Cardinal's town of St. Andrews, as the upper stone may be the nether, and not one stick stand by another, sparing no creature alive within the same, specially such as, either in friendship or blood, be allied to the Cardinal. And if ye see any likelihood of arming the castle, give some stout assiege to the same, and if ye fortune to get it, raze and destroy it piecemeal." These instructions were issued on the 10th of April. On the 12th, Hertford, wishing to make it clear that he knew what was meant, answered that he was not to aspire at regular warfare ; he was to have as little fighting and besieging as might be ; that he was not to take a permanent position in the country. Having so notified his sense of what he is told to avoid doino-, he sets down what he considers himself instructed to do. He says that he " shall rather put the said towns of Leith and Edinburgh, with such other towns as be thereabouts, to sack, fire, and sword, and raze the castle of Edinburgh, if it may be done conveniently without long tarrying about it ; and, likewise, to pass over to Fife, to make like spoil and wasting of the country there, chiefly at St. Andrews, putting all to fire and sword in such wise as in the said letters is more at length contained. In which part and all others LEITH AND ITS ANTIQUITIES 191 I shall most willingly and oltediently conform myself to whatsoever shall be your Majesty's pleasure, and shall spend my life and goods in the execution of the same with as good heart and will as any other of your Highness's subjects or servants." He had just one amendment to suggest — That the plan of making an English fortress in Leith should not be abandoned, " for by the same, being their chief port town, your Majesty shall not only have a goodly entry into Scotland, and by that means take away from them their commodity and their whole traffic, which shall be such a continual scourge unto them as of force the town of Edinburgh, and the whole country thereabouts, shall be constrained to fall into your Majesty'sdevotion." The invasion of Scotland was carried out thoroughly in the spirit of the instructions issued. Burton says — " A force was accordingly conveyed by sea to the Firth of Forth, under the command of Hertford. Unless we may find some parallel in Tartar or African history to the career of this expedition, it will scarce be possible to point to any so thoroughly destitute of heroism or chivalry." On 3rd May 1544, " without knowledge of any in Scot- land (we mean of such as suld half had the care of the realm) was seen a great navye of schippis driving to- wards the Forth. The postis cum to the governors and Cardinall (who both war in Edinburgh), what multitud of schippis war seen, and what course they tuik. This was upon the Setterday before nune question was had. What suld thai meane ? Some said it is no doubt but that thai are Englishman, and we fear that they sail land. The Cardinal scupped, and said — ' It is but the Island flote ; they are cum to make a schowe, and put us in fear. I shall lodge all the men-of-war in my eae (eye) that shall land in Scotland.' Still sits the 192 HISTORICAL NOTES CONCERNING Cardinall at lii.s deunare even as that there had beeu no danger appearing. Men convenis to gaze upon the schippis, some on the Castel hill, some to the Cragis and other places eminent. But there was no question, ' With what force shall we resist if we be invaded ? ' Sone after sax hours at nycht were aryved and had casten anchor in the Road of Leyth, more than 200 sailles. Shortly thairafter the Admiral (Sir John Dudley, Lord Lisle) schot a flote boite which, from Granton Craggis till be east of Leyth, sounded the deepe, and so returned to her schippe. Here of were diverse opinions. Men of judgment foresaw what it meant, but no credit was given to any that wold say, ' They mynd to land,' and so past all men to his rest, as if thei schippis had been a guide to his defence upon the point of day being Soneday the 4th of May, ad- dressed thai for land, and ordered thair their schippis, so that a galley or two laid their snowttis to the craggis. The small schippis called pinaces and light horsemen approached as neir als they could. The great schippis discharged their souldicuris in the smaller veschelles, and their big bottes put on dry land before ten hours 10,000 men. The Governour and Cardinall, seeing then the thing that thai could not, or at least thai would not beleeve befoir after that thai had made a brag to fecht, fled as fast as horses wold carry them, so that after they approached not within 20 myles of the danger." The Earl of Lennox having appropriated the larger portion of thirty thousand crowns sent by the King of France to aid the eflforts of the Catholic party, Cardinal Beaton persuaded the facile Regent to raise an army to proceed against him at Glasgow, where he then lay in the Bishop's castle. But Lennox, immediately LEITH AND ITS ANTIQUITIES 193 summoning his own friends and vassals to his standard, marched to Leith at the head of an army of ten thousand men, from whence he sent a message to the Cardinal at Edinburgh, intimating that he desired to save him such a journey, and would be ready to meet him any day he chose, in the fields between Edinburgh and Leith. Thus were the nobles of Scotland divided into rival factions, and bent only on each others' overthrow, when, on the 1st of May 1544, an armament, consisting of two hundred sail, commanded by Dudley Lord I'lsle, then high admiral of England, which had been pre- pared by Henry to send against the French coast, made its appearance in the Firth of Forth ; and so negligent had the Cardinal proved in providing against the enemy, whom he excited to this attack, that the first notice he had of their intentions was the dis- embarkation of the English forces, under the command of the Earl of Hertford, at Newhaven, and the seizure of the town of Leith. The Cardinal immediately deserted the capital and fled in the greatest dismay to Stirling. The Earl of Hertford demanded the uncon- ditional surrender of the infant Queen, and, lieing informed that the Scottish capital and nation would suffer every disaster before they would submit to his ignominious terms, he marched immediately with his whole force upon Edinburgh. The citizens being taken by surprise, and altogether unprepared for resisting so formidable a force, sent out a deputation with Sir Adam Otterburn, the provost, at its head, offering to evacuate the town and deliver up the keys to the commander of the English army, on condition that they should be permitted to carry off their effects, and that the city should be saved from fire. But nothing would VOL. I. — 13 194 HISTORICAL NOTES CONCERNING satisfy the English general but an unconditional sur- render of life and property ; and an immediate attack was made upon the town, and they attempted to lay sieo^e to the castle. Campbell writes: — "Two inconsiderate and unsuc- cessful attempts were made by a small body of troops to interrupt the progress of the English army. We are unable to point out the ground where these en- counters took place, but they were so trivial and attended with so little consequence as to make ignorance on this point little to be regretted. In one of these combats two Englishmen were wounded, and two Scotsmen killed." In an account of the expedition sent to Lord Russell, Lord Privy Seal, the scene is thus described: — "And in a valley upon ye right hand near unto the said town, the Scottis were assembled to the number of fyve or six thousand horsemen, besides a good number of fotemen to empeache the passage of our sayd army, in which place they had leyd theyr artyllarie in two strayghtes through the which we must nedes pass yf we wyshed to achieve our enterpryse. And semynge at the first as though they wolde set upon the vanuarde when they perceived our men so wyllynge to encounter them, namely the Cardynall, who was then present, perceyeving our devotion to see his holynes to be such, as we were redy to watte our feete for that pui-pose, and to pass a forde which was between us and them. After certen shotte of artyllarey on both sydes, they mayde a sodayne retreat, and leaving they artyl- larey behynde them fledde towards Eden))orrowe. The first man that fledde was the holy Cardynall, lyke a vallvant champyon, and with hym the Governor, Therles of Huntly, Murray, and Bothwell, with dyvers other great men of the realme. . . . The vannarde having LEITH AND ITS ANTIQUITIES 195 thus put backe the Scottes, and vii pieces of theyr artyllarey brought away by our hachbutters, who in this enterpryce clyd manfully employ themselves, we merched directlie towards the town of Lythe, which, before we could come to it, must of force pass another passage, which also was defended a whyle wdth certen ensigns of fotemen and certen pieces of artyllarey, who, byng sharpely assayled, hauynge thre of theyr gunners slayne with our archers, was fayne to gyne plase, leauynge also theyr ordinannce behind them, -RTith which ordinannce they slewe onely one of our inen and hurt an other. " And in this brush, the victory being ernestly fol- lowed, the town of Lythe was entred perforce and wonne with the losse onely of two men of oures and hurte of thre, when the Scottes had caste greate trenches and dyches purposely to have defended it." The description of this invasion is not very credit- able to our countrymen of the time. To be taken by surprise in the manner they were, and after that to make such a poor defence, is not at all characteristic of the Scots. It is true that there was a very large navy and a considerable army to cope with, but it remains a reproach to the men of the time, both that they were not better prepared, and that they did not make a more gallant defence after they were attacked. The entry of the English army into the town, and their proceedings, are described by Knox as follows : — " The Engliss army, betwix twelf and one hour, entered in Leyth, fond the tables covered, the dennarts pre- pared, such abundance of wyne and victuallis besydes the other substance, that the lych artclies within the lych boundis was not to be found neyther in Scotland nor in England. Upon the Monoisday, the fyft day 196 HISTORICAL NOTES CONCERNING of May, came to thame from Berwick and the Border two thousand horsemen, wlio, being somewhat reposed vpon Wedinesday, marched towardis the toune of Edinburgh, spoilt and brynt tlie same, and so did thae the palice of Halyrudhus." The description by Knox is borne out by the account of the invasion from whicli a quotation has already been made. The writer of that says : — " The same nyghte (4 May) the armye encamped in the said toune of Lith, and by reason of the sayde dyches and trenches we made there a strong campe. The morrow being the v of May we caused our shyppes, laden with our great artyllary and vittalyes, to l)e brought into the haueu, where we dyscharged the same at our pleasour. In the same hauen we founde many goodely shippes, specyally two of notable fayreness — thone called Salamander, gyveu by the French Kyug, at the marriage of his daughter, into Scotlande ; thother called Unicorn, made by the late Scottysche Kyng. The towne of Leyte was founde more full of ryches than we thought to have founde any Scottysche towne to have been. The next day the armye went towardcs Edenborough, leaving the Lord Stirton in Leytli with xx c men for the defence of the same. . . . The xiii day of Iday we broke doune the piere of the haven of Leythe, and brent every stycke of it, and toke forth the two goodly shyppes, manned them, and put them in ordre tattende upon the Kingis maesties schippes. Theyr balast was cannon shotte of yron, which we found in the towne to the nombre of iii score thousands. The rest of the Scottish shyppes mete to serve, we brought away, both they and owre ane almost pestered with the spoyle and boytes (booty) of our souldyars and maryners. That done, we abandoned ourselves clearly from our shyppes. LEITH AND ITS ANTIQUITIES 197 haueing firm intent to return home by land wliich we did. And to gyve tliem better occasion to show themselves in the feld against us, we left neyther pyle, village, towne, nor house in our waye homewards unbrent. In the meantyme of the contynuance of an army at Lethe, as is afore sayd, our shippes upon the sees were not idle, for they left neyther shyppe, crayer, nor bote belonging to nether village, towne, creke, nor haven of neither syde the Forth, between Stirling and the mouth of the river, unbrent or brought away, which contayneth in length fytie myles. Contyung of tyne, they also l)rent a great uombre of townes and villages on both sydes the sayd water, and wair a fortres situated on a strong island called Ynchgarve, which they rased and destroyed. The xv day of jMay we dislodged our camp out of the town of Letli, and set fyre to every house and brent it to the ground." They had also set the city of Edin- bui'gh on fire before they left, and as it was " Ijuilt chiefly of wood, and concentrated on the well-known ridges rising to the castle, the beautiful town blazed for three days and nights, making a sight that, seen far along the Lothians and Fifeshire, left in the recollection of the people a characteristic impression of what it was to be at the mercy of the King of Eno'land." The Earl of Hertford seems to have been thoroug-hlv satisfied with the atrocities which he had committed during the expedition, and particularly with the barbarities perpetrated at Leith. Those who dis- tinguished themselves in the execution of his cruel orders were knighted. The armour of one of these heroes, Edward Clinton, afterwards Earl of Lincoln, is preserved in the Tower of London. 198 HISTORICAL NOTES CONCERNING After the burning of Leith by the English in 1544, its inhabitants set vigorously to work at the rebuilding of its ruins. Though turned out of house and home, they resumed their trading operations immediately after the departure of their enemies. The following is a sketch of a doorway and niche from an old building in the Kirkgate, removed and rebuilt in 1842. mgr /^ LEITH AND ITS ANTIQUITIES 199 CHAPTER XVIII OPPKESSIVE ORDINANCES The Leitli merchants had evidently been again poaching on the Edinburgh preserves, for the treasurer is not only to watch the arrival of vessels at Leith, and the unloading of the goods therefrom, but he is to take security that they should sell the goods only to freemen. Moreover, he is to take certain of the Councd with him to see that his duty is properly done. Thus, on 4th January 1545-6, "Item, it is statute and ordanit, etc., that the thesaurer present and to cum quhen ony strayngeris arryvis with thair schipps at this port of Leyth, tak souerty at their entres gevin that thai sail nocht sell thair guids bot to fremen ; and that the pryces of thair guidis be made according to act of parliament ; and tak wnth him certane of the counsale as sail be namet to him quhen the said strayngeris happinis to cum ; and that na nychtbouris, merchants, or vtheris, in tyme cuming, quhen ony sic strayngei'is cumis, mak ony private pactioun, or bying of the strayngeris gudis and merchandice that happinis to aryve at this port vnto the tyme the said thesaurer and counsale mak pryces thairof conforme to the said act of parliament under the payne of escheitt of the guidis that the merchand byis, to redound to the byare, and the sellare 200 HISTORICAL NOTES CONCERNING to be payit ; and gif the guidis be nocht resauit, he that makis the conditioun and pactiouu by the towne to pay XX li. to the towne." The L'lst ordinance does not seem to have produced the desired efiect. Tlie temptation of getting goods cheap in Leith appears to have been too much even for the privileged freemen of Edinburgh. So the civic dignitaries must make an ordinance to strike at them also. Accordingly, on 10th February 1545-6, " The provest, baillies, and counsale hes statute and ordanit that na nychtbour of this burgh, in tyme cuming, jias to Leyth and cans ony strayugers strik up ony dry wair guids or to brek bowk thairof, bot to suffer the samyn to be brocht to this burgh and first sene with the thesaurer as vse is, and thairafter the nychtboures to be ansuerit gif thai byne to bye as efteris under the payne of x li. to be taikin of the nychtbouris that failyeis heirin, to be applyit to the commoun guid or kirk wark ; nor yitt that nane weying of lint, irne, or siclyke guidis in Leyth, other oppinly or priuatly, and that oppin proclamatioun be maid heirvpoun at the merkat croce and on schore of Leyth." The Provost, Magistrates, and Council had evidently caught some of the offenders against these ordinances. Apparently they captured both a buyer and a seller ; first, a man who had bought canvas, and then a man, Scott, for ofi"ering to sell his gear. The following are the entries relating to these: — "In presens of the provest, baillies, and counsale, Robert Craig become in the townis will for metting of certane canves bocht be him within the towne of Leyth fra the Frensheman that la.st arryvet in part of the fredome and priuelege of the guid towne. The sam day, in presens of the provest, baillies, and counsale sittand in jugement, LEITH AND ITS ANTIQUITIES 201 Robert Scott referrit him in the townis will for vpstrikin of his geir and ofiering thairof to sell in the said towne, and Frances Tenueud for fulfilling of the will, etc. Edward Patersoun in will for the lyk fait." The Magistrates appear also to have had charge, not only of their own petty customs at the port of Leith, but also of the excise. The following is an ordinance relating to the customs duty payable for ships, and also regulating the excise tolls on the prices of certain goods, forming part of their cargoes: — " 11th August 1546, the quhilk day in presens of the provost and baillies, comperit Maister Thomas JMaioribaukis and William Kar, and become souertie for William Forster, capitane of the Lyoun, to ansuer the fermoraris of the wyld aventuris on the morne anys in the day of foure boUis ry for the excis bollis of ane before the mast, and ane vther behind of the twa pressis of victuell taken be the said Lyoun and siclyke to ansuer thame of foure bollis salt for the excise bollis of vther twa pressis ladyn with salt, taikin be the said schip and siclyke to ansuer thame of viij d. for ilk chalder, baith of the cornys and salt, cum in the saidis pressis as deutie apertenying to the gude toune be reasoun of their fredome and rycht." All kinds of goods were imported into Leith. There is a chano;e of times since then. The visitor may now see piles of iron lying on the quays of Leith for export, but such a thing is rarely now imported. In early times quantities were imported, and the Edinburgh people would not even allow it to be weighed in Leith, but must take it to the Over Tron in Edinburgh. Thus, on 20th July 1547, "It is statute and ordanit that all irue that beis inbrocht to 202 HISTORICAL NOTES CONCERNING this port of Leyth be brocht up to the Ovir Trone and wayit thairat in tyme cuming, under the payne of eseheitt of the irne that beis fundin wayit in Leyth or other pairts by the said trone." The civic dignitaries seem also to have found, once at least, the Leith shippers somewhat hostile, or lax in going to them to fix their freights. This appears from the following ordinance on 29th July 1547: — "The quhilk day, the provest and l)aillies sittand in jugement ordanis to pas and charge William Logane, Roliert Smalam, Jhonn Logane, and William Eychart- sone, skipperis in Leith, to compeir befoir thame the Tewisday nixttocum to heir and se their frauchting modefeit as efferis for the tyme of peax, conforme to the actis of thair frauchtingis laitlie maid and insert in the townis buikis thairvpoun, with certificatioun that c|uliither thay compeir or nocht thair frauchtingis wilbc modefeit, and that conforme to the tyme of peax opinly proclamit and inhibitioun put to thame to re- save mair fraucht nor is modefeit ; and siclike to warne Archibald Penycuke, Hans Andersoun, Walter Pater- soun, Archibald L'awson, James Lychtman, Androw Robert.soun, Gilbert Broune, Nicholas Cavy, to the effect foirsaid, and to warne thame personalie gif they can be apprehendit, and failyeing thairof be oppin proclama- tioun on the schore of Leith." The next ordinance would rather astonish merchants nowadays. The Council was to fix the prices of the goods, to have them inventoried and produced to the Council, and, after they were sold, the profit (superplus or owercum) was to be given to the treasurer for building and repairing the common works of the town. Thus, on 5th August 1547, "It is statute and ordanit be the provest, baillies, and counsale that the LEITH AND ITS ANTIQUITIES 203 thesaurer with Symon Prestoun, fermorer, William Murheid, baillie, and Alexander Adamesoun, according to the act of parliament maid vpoun the making of pryces of guidis, of the guidis that ar inbrocht to thair heavin of Leyth, incontinent after the entres gevin be the straynger of ony guidis inbrocht, mak pryces with the said straynger of the saidis guidis, and putt the samyu in inventare and produce the samyn afore the counsall, and that Henry Cranstoun, ane of the counsale for the craftis, and after him ane of the twa that beis yeirlie for the craftis on the counsale, be callit to the effect gif ony of the craftis hes ado with sic guidis as ar convenient for thame and beis inbrocht, and swa beand that the haill guidis be oflferit and sett to thame that biddis maist thairfore, attour the pryces maid, and the superplus and owercum be delyverit to the thesaurer for the bigging and repairing of the common warks of the towne, and that the merchants and craftis be servit efferand to it that thai haif ado with for the samyn excrescence and according to the pairt of the superplus that is sett vpoun the haill and na mair to be taikin fra thame, and this to be observit in tyme cumiug be consent be the provest, baillies, maist of the counsale, and of Henry Cranstoun, Henry Lillie, James Jhonestoun, comperand for the haill craftis ])e thir foresaidis persounis, or sic utheris honest persounis to be namit thairto yeirlie in tyme cuming." Notwithstaudinof the dreadful devastation wrought upon Leith and its inhabitants by the English invasion in 1547, including the plunder and the burning of the town and the destruction of its shipping, the charac- teristic pluck and spirit of its surviving people were not crushed out. They started the work of restoration at once — resumed their mercantile avocations, and peace- 204 HISTORICAL NOTES CONCERNING ably, though persistently, carried on their trade in shipping with as much vigour as circumstances would permit. "When it is considered how much they were hampered by the civic authorities of the city of Edin- burgh, their perseverance and energy are remarkable. The followino; is an illustration of the vexatious ordin- ances with which the merchants of Leith were troubled at this time: — "3rd January 1547-8. — The baillies and counsale ordanis George Gordoun to cart and bring up his guids inbrocht be the schip called the ' Fleying Hairt,' and contenit thairin on his expensis to this burgh, except apillis, wynes and vnyeouns, and that he sell the samyn upbrocht guids to the fremen of the toune conforme to the pryces maid thairvpoun, and the saidis apillis, wynes and vnyeouns on the schip boddum, and schore of Leyth to the fremen of this toun siclyke." Thus the entire cargo of this vessel, ex- cept apples, wines, and onions, was to be carted up to Edinburgh and sold there, so that even Leitli buyers had to go there to purchase. If this ordinance was violated, all the parties concerned were mulcted in severe penalties, and the goods themselves almost in- variably forfeited. Cases of breaking the ordinance. — The following instances of the punishment meted to ofteuders may he given: — "22nd March 1547-8. — In preseus of the prouest, baillies, and counsale, comperit Lucas Otow mer- chant, of the schip callit ' Sanct Bartilmo,' and liecome in the townis will anent the breking of the statutes of the toune, and of the chairge gevin to him be the baillies commandaud him to bring vp his haill guidis, dry wairis, and all vther stai})ill guidis to this burgh, and nother to brek bowke nor to mak merchandice nor blok tluiirof in Leith q^uhill it first come to the toune, becaus he con- LEITH AND ITS ANTIQUITIES 205 fessit the blok making and selling of his battery in the said tovvne of Leyth or that he come to this burgh, and that his marrow delyucrit ane pece veluott to James Barroun, and the said James Barroun is l^ecome souerty for fulfilling of the said will quhen the guid toune plessis to declair the samyn." James Barroun had thus to be- come surety for the fulfilling of the will of the city of Edinburgh by Lucas Otow whenever that "will" was declared. This was rather hard on Barroun, for Otow might be far enough away when that time arrived. In this instance, Lucas Otow was unlawed in the sum of 40s. on the 4th May 1548. "2 November 1548. — Forswamekill as thair is ane act of parliament maid for stayncheing of greit derth of guidis iubrocht by strayngeris and vtheris to this port of Leyth, that the provest and baillies of Edinburgh suld mak pryces of all guidis as ar inbrocht at the said port, bayth strayngeris and vtheris, thairforc it is statute and ordanit be the prouest, baillies, and couusale, that in tymes cumin all maner of persouns, inbringers of guidis at this port of Leith pryse guidis or vthers after thai enter thair guidis in the townis buikis, that thai ofi'er the samyn to the towne to mak pryces of and nocht to brek bowlk of the samyn vnto the time the samyn be done, vnder the paynes bayth contenit in the saidis acts of parliament and townis priveleges of Edinburgh. " 1 December 1 548. — It is statute and ordanit be the prouest, baillies, and counsale, that all lint to be bocht in Leyth, and specialie it that is bocht laitlie be certane merchants of this burgh, be brocht to the Over Trone and thair weyit, and nane to be abstractit nor haldin in tyme cuming under the pane of escheitt." Violations were so frequent, and so serious did 206 HISTORICAL NOTES CONCERNING matters become, that the IMagistrates of Edinburgh thought it necessary to invoke the aid of the Privy Council. That body pronounced the following order : — " 11th December 1548. — The quhilk day, forsamekle as it wes devisit be the Lordis of Priue Counsale, in presens of the provest, baillies, and counsale of Edinburgh, and with thair consent, that all wynis of Burdeaux that ar ellis cumin in Leith suld be sauld and bocht for XXV li. the tun, and the Rochell wyne for xx li. the tun, and that the samin suld be said commonly to our Souerane Ladyis liegis, viz. the Burdeaux vi^yne for xij d. the pynte, and the Ptochell wyne for x d. the pynte, and that all merchandaris and Ijyaris thairof suld sell the samin commonly as said is, and nocht hide nor kepe the samyn vnder the pane of escheting thair- of, and thai that dois in contrar to be punist as reo-ratouris : Nevertheless, as the saidis Lordis is informit, the saidis wynis is nocht said of the price fore- said, and thai that lies the samyn to sell couselis and will nocht sell the samyn for furnissing of the Quenis liegis commonly conform to the said ordinance : Thair- for ordanis ane officer of armes to pas incontinent, and command and chairge the saidis provest and baillies to mak ane act in thair bukis conform to the ordinance of the saidis Lordis maid of their avin consents as said is, and thairefter that thai cans the samin to be kepit and put to executioun within thair jurisdiction in all poyntis with certificatioun to the saidis provest and baillies and thai failye heirintill that thai salbe reput and haldin as assisouris and pairt takeris with the saidis regratouris, and salbe callit and persewet criminale as the principalis and pvnist thairfor as accordis." Privy Council orders and provost's ordinances, LEITH AND ITS ANTIQUITIES 207 however, were wholly insufficient to crush the trade in spirits at Leith. Hardly is the Privy Council order signed than a violation of the ordinances occurs, as the following shows: — "1 February 1548-9. — In presens of the prouest and baillies comperit William Craik and Harbart Maxwell, anent the commission gevin to thame yisterday be the guid towne to commoun with Johnn Littill anent his guidis iubrocht in the pryse, and declairit that the said Johne offerit to the guid towne the soume of iij"'' merks to thair commoun guid to thole him dispone vpoun his said guidis, quhilkis wer the thrid pairt of the guidis ; quhilk ofl'er the said pro vest, baillies, and counsale acceptit, and ordanit the samyn to be taikin fra the said Jhone Littill, to be disponit vpoun thair calsayes mending or vtherwayes to the profleit of the guid toune." This poor wretch forfeits the third part of his goods for his offence, and the provost and bailies accept it. The method of working out these ordinances was as follows : — " The provest, baillies, and counsale ordanis Alexandre Park, Francis Tennend, Robert Hathwy, and Michael Lochmylne to pas after noon to Leith, and visy the guidis inbrocht the prysses bocht be Patrick Loch, and to make prices thairof with the said Patrick." Accordingly, these worthies proceeded to Leith to inspect the goods. What transpired there we are not told, but evidently Patrick had eluded these municipal amateur detectives, for a month after he be- came " in will for his fait in hurtinof the townis privileges, in bying of certane pryssis, and breking boulk thairof, laitlie tayne be James Litster and his company in weir." AVhat became of Patrick and his "fait" does nowhere appear, but there is little doubt that the civic authorities would work out their remedy 208 HISTORICAL NOTES CONCERNING somewhat after the following fashion if we maj^ judge by analogy: — "24 May 1549. — In presens of the baillies, Thomas Bischop oblist him to pay to the commoun guid the sowm of xx li. for the profieit of the j'' li greitt wairing sic as mader allum irne inbrocht in the last Flanders schip, and to pay the merchand, and thairafter Alexander Park, thcsaurer, acceptit James Forrett cawtioun for payment thairof, and the said Alexander oblist to charge him thairwith in his compts. " In presens of the baillies and counsale William Coldane oblist him to pay to the commoun guid the sowm of xx li. for the profTeitt of the fourt lasts saip laitlie cumin in ane Hameburgh schip, and to pay the merchandis thairfore as the pryces ar maid, gif he pleisseis the samyn." The following is an example of the ordinances passed in restraint of shijjping : — "25 February 1550-1. — We do you to witt : Forswamekill as thair is ane act of parliament maid be umquhill our Souerane Lord of guid mynd, that last deceissit, quhome God assoilyie, ratefeand and apprevand the acts of parlia- ment maid be umquhill King James the Thrid, and King James the Ferd, quhome God assoilyie, twieheand merchands passand forth of the realme with merchandice to France, Flanderis, or ouy uther pairts, that na mer- chand saill without he haif half ane last of guidis of his awin, or ellis in governance as factour to vther merchands to be putt to executioun in all poynts, and thairfore ordanit the prouest and baillies of burrowes situat at ilk port of this realme to serche and seik the persouns brekkares of the said statutes, and that thai distreyngyie ilk persoun brekkare thairof for the sowm of XX li. to be applyet on this wyse : — the ane half to our LEITH AND ITS ANTIQUITIES 209 Souerane Lacleis use, and the uther half to the saiclis prouest [and] baillies for thair lawbouris ; and gif the prouest and baillies be negligent in the exerceing of thair offices gevin to thame that thay sail be oblist to pay the said xx li. for ilk man that passes and saillis contrair the said act at the port quhair thai haif jurisdiction, and als it wes ordanit that na skipperis, maisters, awneris of schippis, resave ony merchants to saill in thair schips without thai haif the names of thame in tikkatt sub- scryvet be the saidis prouest and baillies hands, under the pane foresaid for ilk persoun that thai resave — as at mair leuth is contenit in the said acts of parliament maid thairvpoun ; and als that thair is ane writting subscrjn^et be my Lord Sovernouris Grace makand mentioun that his Grace is suirly informit of the evill bruit and lichtleing of this realme and lieges thairof in pairts of Flanders and France be passing of certane sempill persouns thair in merchandice, cled in vyle array, and speciallie sen the treting of this las last peice -R-ith Flanderis ; aud for the eschewing thairof, and willing that the said act of parliament be keipit, ordanit and als commandit and chairget the prouest of Edinburgh that thai diligently causit attend at the port and heavin of Leyth, and all sic pairts within the fredome of Edinburgh that na sic merchandis pas be sey to the pairts forsaidis haueand less guidis nor is contenit in the said acts of parliament, reservand the eflfect thairof to the said prouest to be obseruit and sett furth be him in all poynts, as at mair lenth is contenit in the said writting direct thairvpoun. Quhairfore I command aud chairge in our Souerane Ladeis name, my lord gouernouris grace, and in name and behalf of prouest, baillies, and counsale of this burgh, that na maner of persoun tak vpoun hand to saill fra this port VOL. I. — 14 210 HISTORICAL NOTES CONCERNING of Leyth to France, Flanderis, or vther pairts our sey in merchandice without they haif swa mony gudis as half ane last guidis of their awin or in gouernance con- form to the tenour of the saidis acts of parliament, and under the payne contenit thairin ; and that na skipper, maister, or awners of schips resave ony mer- chants to saill in thair schips without thai haif thair names subscryvet be the prouest and baillies, under the payne foresaid specifiet in the said act." It is marvellous, that with such restrictions as have beeTi previously mentioned the shipping at the port was not ruined altogether. It was not the mere carrying- trade by sea alone that was interfered with, but the very goods imported into the town were prohibited to be bought, sold, or used till the Provost and Council should fix the price thereof, as will be seen from the following ordinance : — "7 April 1551. — We do you to witt. It is statute and ordanit be the prouest, baillies, and counsale of the burgh of Edinburgh for staynching of derth, and that sic parties as purpose to vphald the samyn may be knawin and pvnist, that in all tymes cuming quhen thair arryves ony strayngers at this port of Leyth laidnit with victuallis, sic as rye, quheitt, beir, or vther stufe, that na maner of persoun, freman of the said burgh or ony vtheris lieges of this realme, tak vpoun hand to by ony of the said victuallis \'nto the tyme the price thairof be maid by the said prouest, baillies, and counsale, vnder the payne of escheitt of the stufe that beis bocht to the byer, and the pryce being maid that na maner of persounis foresaidis tak vpon hand to by ony mair of the said victuall nor will sustene his awin houshauld allauerly vnder the payne aforesaid." So careful were the Magistrates that they charged LEITH AND ITS ANTIQUITIES 211 their water-officer to look after the measuring of grain sent and imported into the town, and to collect the profit of the measuring. This is shown by the follow- ing ordinance: — "11 May 1551. — The prouest, baillies, and counsale ordanis that J hone Dalmahoy, thair ser- uand and officer of the port and heavin of Leyth, in all tymes cuming keip the mesouris callit the watter metts of salt, rye, quheitt, and beir, and siclyke the firlotts of meill and sic victuall, and to vplift the profieit of the mesouring thairof, viz. viij d. of the chalder, and vther sic deuties as vsit to be tane before, provyding alwayes that this gift hurt nor preiuge nocht the fermorar of the wyld awentures present nor nane to cum tuiching his rycht of the said mesouris." By way of further check, the Magistrates came to be of opinion that the choosing of the meters should be in their own hands, and they accordingly ordained : — "27 May 1551. — The prouest, baillies, and counsale fynd that the chusing of the metters of all victuallis and salt inbrocht to Leyth audit to be be the counsale and the juges, and that the mesouris suld be delyuerit to the fermorars of the wyld awentures to be vsit be quhome he plesis assigne thairto, and thairfore hes chesiu the persounis following to be metters, viz. Jhone Gottray, Adam Welchestoune, and Thomas Haisty, quilkis were swome thairto, and ordanis als all the common mettis to be delyuerit to Frances Tennend, fermorar of the wyld awentures, and ordanis the said mettaris to be equal partners of wynning in tyme cuming." Further, they repeat the ordinance as to their water-officer keeping the measures called the " water mettis," the following year, thus: — "11 May 1552. — The quhilk day the prouest, baillies, and counsale 212 HISTORICAL NOTES CONCERNING ordanis Johne Dalmahoy, their seruand, and officer of the port and hevin of Leyth, in all tymes cuming keip the mesouris callit tlie watter mettis for salt, ry, quheit, and Ijeir, and siclike the ferlottis for meill and sic victuall, and to uplift the profit of the mesouring thairof, viz. viijd. of the chalder, and other sic dewties as usit to ]je taken of befoir : providand always that this gift hurt nor preiuge nocht the fermorar of the wyld aventuris present nor nane to cum tuiching his richt of the saidis mesouris." They also claimed the right to admit the persons, and to regulate the dealings, of the workmen of Leith : — "27 May 1552. — Thomas Cunynghame, Johne Stewin- soun, Mongo Paterson, James Robeson, Johne Culros, Mertyne Purdy, Archibald Dikeson, William Richesoun, admittit workmen be the prouest, baillies, and counsale, and sworne to be leill and trew to the toune, and to half allanerly thir prices for thair laubouris, viz. fra ane freman for lossiug and sellaring of ane tun w^yne in punscheounis, xij d. ; and of ilk twn pype wyne, xvj d. off the unfreman for the lossing and sellaring of the twn punscheon wyne, xvj d. ; and pype wyne, ij s. ; and fra fremen for the cairting of the twn wyne on the schore, viij d. ; and gif it be brocht furth of the sellar towit or vther wyne, xij d. ; and of all strangearis, xij d. the twn. " The quhilk day, the prouest, baillies, and counsale findis that the chesing of the mettaris of all victuall and salt inbrocht to Leyth aucht to be be the Counsale and the jugis, and that the commoun mesouris said be deliuerite to the fermorar of the wyld awenturis to be vsit be c|uhame he plesis assigne thairto." Again, a merchant who had desired to buy iron at Leith, but had failed to agree on the price, employed LEITH AND ITS ANTIQUITIES 213 a Leith man to buy, for which he was fined, with the alternative of prison. " 15 July 1552. — The quhilk day, in presens of the prouest, baillies, and counsale sittand in jugement, James Ewart confessit and grantit that laitlie he beand in Leyth desyrit to liaif bocht fra Andro Gray, strangear, certane barrelis of irn, and becaus thai culd nocht aggre thairupon he desyrit Dauid Thomson, induellar in Leyth, to by the samyn, quha bocht the samyn to him, quhairthrow the saidis prouest, baillies, and counsale fand that he had broken the statutis of this toune maid that na maner of burgessis of this burgh suld mak blok or by guedis in Leyth, and thairby he had incurrit the pains of xl li. contenit tharuntill, and thairfor decernis him to pay the samyn within xxiiij houris nixt heirefter, or failyeing thairof to enter in ward and remaue quhile he pay the samyn to the thesaurer." All goods also brought into Leith had to be carried to Edinburgh to be weighed at the Tron under the pain of forfeiture, and they were not to remain longer in Leith "nor" they might be carried to Edinburgh, under penalty of the same escheat. " 2 September 1552. — Item, it is statute and ordanit be the prouest, baillies, and counsale that all maner of personis, strangeris that hev ony gudis inbrocht to the port of Leyth, chairgabill guidis that aucht to be weyit at the ouir trone, that samyn be brocht to this burgh and thair weyit at the trone thair, and the dewtie of the weying thairof to be payit to the custumaris of the pittie customes, and gif ony of the saidis guidis happy nis to be bocht be fremen of this burgh, be the frank, pund, greit, or siclikewyis be waying thairof, that the custumar be payit of his 214 HISTOKICAL NOTES CONCERNING deuteis of the lieid of the guidis siclik as the samyn had bene weyit, and that na strangeris be thairselfis or vtheris fremeii of this burgh weyis oiiy guidis in Leyth or brocht hame be thameselfis, or than bocht by them fra straingeris, under the pane of escheit thairof, and that na stapill guidis remane langar in Leyth nor they may be caryit and brocht to Edinburgh, under the pane foresaid." There now follows a glaring case of the injustice practised by the Magistrates of Edinburgh : — " 7 September 1552. — The quhilk day, the provest, baillies, and counsale sittand in jugement anent the clame gevin be Robert Graham, thesaurer of this burgh of Edinburgh, makand mentioun that it wes nocht vnknawiu to tham that it pertenit to the privilege of the said burgh that quhat time ony maner of schippis arryvit at the port of Leyth ladynnit with gudis the same suld be enterit in thair bukis, and the strangeris and vnfremennis gudis being thairin to be insert and written thairin, to be gevin up be the entereris (|uhat- sumeuir of the samyn ; and gif ony of the straingearis and vnfremennis gudis wer fundin vnenterit the samyn to be eschete to him as the thesaurer foresaid ; and quhair onye guidis has bene fund vnenterit the samyn in all tymes bygane hes bene decernit eschete ; and howbeit in the moneth of July last bypast the xxv day thairof, the schip callit the Greyhound, quhairof William Gibsoun wes maister, arryvit at the said port of Leyth, enterit in the havin thairof; and the said William presentit, or at leist his clerk presentit tham self [sic] to the custumar of the wyld awenturis, and enterit the said schipp in the bukis of this burgh, and left furth of the said enteris ane punsioun of gudis acclamit to pertene to William Birny, vnfreman, induellar in LEITH AND ITS ANTIQUITIES 215 Leyth, quhilkis aucht to haif bene enterit ; quhairby the samyn sulci be decernit eschete, as at mair lenth is contenit in the said clame gevin in thairupon ; to the quhilk clame the said William Biruy comperand personalie, ansuerit and allegit that thair wes na fait done be him qualyfiit in the said clame, nor that ho gaif command to the said maister nor his clerk to leif the said puusion of guidis furth of the enteris ; to the quhilk Mr. Thomas Weddell, procurator for the said Robert, thesavirer foresaid, ansuerit that the samyn wes nocht neidfuU to be libellat, becaus the entereris wer oblist to gif up the haill guidis in the schip, and quhat wes nocht gevin up pertening to vnfremen the samyn was eschete ; and thairafter the said AVilliam allegit that he wes not suir quhether the guidis libellat per- tenit to him or to AVilliam Aikman, burges of Deip qua schippit the samyn nochtwithstanding that his werk was put thereupon and denyit alluterlie that the samyn pertenit to him ; and said Mr. Thomas, procurator foresaid, allegit that the samyn aucht as yit to be decernit eschete in respect of the enteres buke producit quhairin they were not contenit ; and thairefter the saidis prouest, baillies, and counsale decernit the said punsiou and gudis thairin to be eschete to the tounis vs, and ordanis the said thesaurer to cans strik vp the samyn on Monunday nixt-to-cum at the Mercat Croce and thair roupit to the vtir availl and to charge him in his comptis ; and thairefter Francis Tennand, fermorar of the saidis wyld aventuris protestyt that he war nocht hurt safer as the saidis gudis mycht pertene to him as fermorar foresaid, bot that mycht have place to persew thairfor." Thus the Magistrates of Edinburgh held the workmen at Leith by a pretty tight rope. There were no trades- 216 HISTORICAL NOTES CONX'ERNING unions in those days. The only union in vogue was a combination of the Provost, Bailies, and Council of Edinburgh, whose ol:)ject was to extract as much as they could out of Leith and its inhabitants. The meters and weighers of Leith of to-day would look rather askance at the following ordinance : — " 17 Sep- tember 1552. — The quhilk day, in presens of the prouest, bailies, and counsale, comperit Thomas Cvng- hame, Johune Steviusouu, Mongo Patersouu, Johne Culros, Mertyne Purdy, Archibauld Dicksoun, wark- men and penouris of the schoir of Leyth, and become in the tounis will for the dissoliaying of Eichard Trowch, Edinburgh masour, and vtheris seruaudis of this burgh, in the refusing to tak doun James Culauis turnpik vpoun the schore of Leyth ; and thairefter the saidis prouest, bailies, and counsale decernit, with con- sent of the saidis personis, gyf ony of thame falyeit in tyme cuming or war dissobedient to the officeris of this burgh or ony vtheris nichtbouris thairof, to do that thing that is lesum, thay to be banist the fredome of this burgh of Edinburgh, schore of Leyth, and neuir to be fund thairiu in ony tyme thairefter." The same day an unfortunate Englishman confessed that he had bought some salmon from a Leith man and put them on board his ship at Leith, whereupon the magistrate not only forfeited the salmon, but also some pike, and indeed all the goods on his ship : — " The (juhilk day, in presens of the prouest, bailies, and counsale, comperit Chairlis Berwik, Liglisman, and confessit and grantit that he had coft fra George Clappertoun, induellar in Leyth, twa lastis salmound, and fra ane man of this burgh ane last pik, and had schippit the samyn in his schip lyand in the hevin of Leyth, the samyn schip nocht beand frauchtit be the LEITH AND ITS ANTIQUITIES 217 dene of gild nor na licence grantit be him to the said Chairlis thairto, nor yet the dene of gildis dewite payit to him, quhairfore the saidis prouest, bailies, and counsale decernit the samyn twa lastis salmound, ane last pik, and all vther gudis being in the said schip to be escheit to the townis vse and deliverit to the thesaurar, and to be lost incontynent furth of the said schip, and the said thesaurar to be chairgit in his comptes of the awaill thairof." The Magistrates re-enacted, or rather ratified and approved, of the ordinances made against Leith men, and ordered them to be published anew. Thus : — " 27 October 1553. — The quhilk day the prouest, baillies, and counsale sitaud in jugement, ratifiis and appro vis the act maid anent cuUouring of vnfremenis guidis and partissing with men of Leyth, the v day of Februar, the yeir of God j'" v" xxij yeris, in all poyntis, and als ratifis the act made anent the discharge of the bying of gudis fra strangearis or thai be bocht be the toune, the v day of Januar, the yeir of God jm ^,c ^Yy yeris, in all poyntis, and ordanis the samyn twa ackis to be of new publist and proclamit." The following is another rather harsh ordinance : — " 1 December 1553.— The quhilk day the prouest, baillies, and counsale hes statute and ordauit that in tymes cummying, na maner of freman of this burgh niak ony vnfreman or induellar within Leyth his factour uther to tak gudis afield beyound sey, or to bring hame gudis in ony sort vnder the pane of xx li. to be tane of the doar in the contrar alsot as he failyeis to be applyit to the commoun werkis, and that publicatioun be maid heirof." 218 HISTORICAL NOTES CONCERNING CHAPTER XIX THE SECOND BURNING OF LEITH In the midst of these events Henry VIII. departed this life, but left behind him the temper of his time and the tradition of old feuds with Scotland. That unfortunate country, neither rich in men nor money, but with a rugged robustness of energy and character, which made it resist to the death all attempts to encroach on its freedom, was feeling keenly the effect of the protracted war with its powerful neighbour. In England men were numerous and money was plentiful, so that the wars of that country did not produce the same evil effects as they did on its smaller and poorer neighbour. The English, accordingly, thought that they could crush Scotland at one fell blow. An army of 15,000 men was despatched into Scotland under Somerset, and at the same time a fleet sailed forth and kept in touch with the army till both reached Musselburgh. The Regent collected a considerable army, and went to meet the English. Both forces took up positions on either side of the Esk. The Scots left the position which they had occupied and commenced the attack. The English sent out cavalry to meet them, which were repulsed and routed. The Scots followed up this temporary victory, but were received by the entire LEITH AND ITS ANTIQUITIES 219 weight and full force of the English army in a charge of all arms, while artillery played over the heads of the English on the Scots. This reception was a complete surprise to the latter, and resulted in their utter rout. They broke and fled, followed by the English, who pursued and slew all indiscriminately. Pinkie Cleugh, if the most memorable, was also one of the saddest days in the history of Scotland. Immediately after the battle of Pinkie the English advanced and took the town of Leith, where they tarried a few days, during which the Earl of Huntly and many other Scottish prisoners of every degree were confined in St. Mary's Church there, while treating for their ransom. They also made an unsuccessful attempt on Edinburgh, whose provost had fallen on the field, and where it is recorded that this fatal battle had alone made three hundred and sixty widows ; but, finding the Scottish nation as resolute as ever in re- jecting all terms of accommodation, they again j)illaged and burnt the town of Leith, spoiled the abbey of Holyrood, from which they tore ofi" the leaden roof, and re-embarked on board their fleet. They wreaked their vengeance on some defenceless fishing towns and villages along the coasts of the Firth, and then returned to England, where Archbishop Cranmer pre- pared a general thanksgiving to be used throughout all the churches in the kingdom, for the great victory God had vouchsafed them over their enemies. So difierently are the same actions estimated, according as our interests are afi"ected ; for the Duke of Somerset had so exasperated the Scottish nation by his cruelty, and disgusted even the barons who had inclined to the English party, by his impolitic conduct, that they were more unanimous than ever against the proposed 220 HISTORICAL NOTES CONCERNING alliance. " The cruelty," says Tytler, " of the slaughter at Pinkie, and the subsequent severities at Leith, excited universal indignation ; and the idea that a free country was to be compelled into a pacific matrimonial alliance, amid the groans of its dying citizens and the liames of its seaports, was revolting and absurd." Nevertheless, Dr. Robertson in his Antiquities has the follo-u-ing : — " That the church of St. JMary, in South Leith, was burned by Hertford in either of his invasions, as has been generally supposed, we are not prepared to admit. On this second invasion we find it exjjressly stated that he lodged his prisoners therein, and we could scarcely suppose that it could have been rebuilt since 1544. That it was not destroyed in his second incursion, is obvious from the following letter from Sir Thomas Fisher to Lord Protector Somerset, 1 1th October 1548: — ' Havinge had libertie to walke abroad in the town of Edenbroughe with his taker, and sometymes betuix that and Leythe, he telleth that Leythe is entrenched round about, and that, besides a bulwarke made by the haven syde near the sea, on the ground where the chappelle stode [St. Nicholas, now the Citadel], which I suppose your grace remembereth, there is another greater bulwarke made on the maine ground at the gret churche standing at the upper end of the toun toward Edenbroughe.' (Cott. MS. Mait- land Club.) Li ' HoUinshed's Chronicle,' where a detailed account of the siege of 1560 is given, mention is made both of St. Anthony's priory and St. Mary's church, and in a 'History of the Estate of Scotland,' 1560: ' Lykewise they shott down some pairt of the east end of the kii-k of Leith.' (Wodroiv Miscellany, i. p. 84.) That Hertford's invasions were unnecessarily cruel can scarcely be maintained, considering the nature LEITH AND ITS ANTIQUITIES 221 of the warfare of tlie age and the national animosities which existed ; that the interference was hailed with joy by a large portion of the nobles and people is very apparent, and that they materially aided in forwarding the work of the Reformers, ' however much we do not like the manner,' cannot be denied." The observations in the last sentence are not warranted by facts. That the two invasions were unnecessarily cruel is established by the testimony of eye-witnesses — some of them English. The savage slaughter on both occasions, the burning and the pillaging, was not war, even in those old times. Nor is it true that the interference of this kind was " hailed with joy by a large portion of the nobles and people." The very reverse was the case. Upon the character of the invasion and the conduct of the invaders the verdict of Burton and Tytler is more reliable than the opinion of our local antiquarian ; and both of these historians concur in condemning the unnecessary cruelty perpetrated on those two occasions. This invasion and ignominious defeat are described by Patten, a Londoner, in the following terms : — " These things being done, sumwhat afore noone our campe raysed, we marched along the Fryth syde straight toward Lyeth . . . the which he found all desolate of resistance or ony body els. Thear were in the hauen that runneth in the mids of the touu, vessels of divers sorts, a xiii sumwhat of ode wynes, w^ainskot, and salt were found in the toun, but as but little of that, so nothing els of value, for how much of oother things as could wel be carried, the inhabitants overnight had pact awei with them. My lord marshall, and most of our horsemen, were bestowed and lodged in the toun. . . . This dai (13 September 1547), my 222 HISTORICAL NOTES CONCERNING lords grace, as wel for countenaunce of buylding as though he would tarry long, as also to kepe our pioners ■sumwhat in exercise, caused along the east side a great dich and trench to be cast toward the Fryth. . . . My lordis grace as this dai (17 September) giuyng warning that our departure shoold be on the morrow ; and myndynge before, with recompence sumwhat according to reward one Barton that had plaid an untrue part, comaunded that ouernight his hous in Lyeth should be set afyer. And as the same night, about V of the clok, was doon, many of our soldiours that were very forward in fyering, fyered with all haste all the toun besyde. But so far foorth (as I maye think) without comission or knowledge of my lords grace, as right many horses, both of his graces and divers others, were in great danger ear they could be quited from out of the toun : vi great ships lying in the hauen thear, that for age and decay were not so apt for use, wear then also set afyer, which all the night with great flame did burn very solemnly. . . . Sunday, viii of September. — My lords grace, for con- sideraciouns moouying him to pitee, having all this while spared Edinborowe from hurt, did so leave it, but Lieth and the ships still burnyng, soon after vii of ye clok in this morenyng caused the campe to dislodge." As the custody of the Scottish infant Queen had been the main object of the war which Henry VIII. had so ruthlessly waged with Scotland, j\Iary was removed from Stirling to a flat island called Inchma- home, on the lake of Menteith, half-way between Stirling and the Highlands. The story of her residence here is pathetically portrayed in the paper on " Queen Mary's Child Garden," by the late Dr. John LEITH AND ITS ANTIQUITIES 223 Brown, in the second series of his Horae Subsecivae. Doubtful of this insular stronghold, the Scottish Government, considering that the English were obtain- ing possession of one point of vantage after another, deemed no place in Scotland secure enough to afford her a resting-place, and had recourse to their old allies, the French. The Queen-Dowager availed herself of the popular feeling, thus so strongly excited, with promptitude and success : she summoned the nobility to Stirling, and urged on them the immediate assembly of another army. It was determined to despatch ambassadors to France with a request for instant aid ; and, at a council held there shortly after, it was resolved to send the young Queen, then a beautiful child in her sixth year, to the French Court, where she could pursue her education free from the dangers to which she was exposed in a country divided by rival factions and exposed to almost constant war. In March 1548 the French King announced that he could not allow his old allies to be oppressed by the English, and his ambassador communicated the welcome intelligence that France would send to Scotland 6000 footmen, 200 men-at-arms, and 500 light horsemen. The Scots were shortly afterwards gratified by the opportune arrival of Monsieur D'Esse in the Firth of Forth, as ambassador from the French monarch, with a fleet of six score sail, bringing a reinforcement of 8000 French and 1000 Dutch troops, which were disembarked at Leith on the 16th June 1548, along with a numerous train of artillery. Monsieur D'Esse was the bearer of the warmest assurances of further aid in troojDS, money, and arms from the French King, and a proposal that the ancient amity of the two nations should now be 224 HISTORICAL NOTES CONCERNING confirmed by a marriage between his son, the Dauphin, and the Scottish Queen, whose education meanwhile he offered to superintend with the utmost care and affection. It need not be wondered at that an alliance proposed in so very different a manner from the last was promptly acceded to by the Scottish Parliament. The Earl of Huntly, it is said, when desired to use his influence in favour of the marriage with Edward VI., after he had been taken prisoner, replied that, however he might like the match, he liked not the manner of wooing. Shortly after, Monsieur Villegagnon set sail with four galleys from Leith, and, passing round the north of Scotland in order to escape the English, wlio had made plans to intercept him, received the youthful Queen on board at Dumbarton. She was accompanied by her governors, the Lords Erskine and Livingston, and her natural brother, the Lord James, afterwards the famous Regent Murray, then in his seventeenth year. Along with her also embarked the Queen's four ]Maries, famous in Scottish song, selected as her playmates from the femilies of Livingston, Fleming, Seaton, and Beaton. " What bruit," says Knox, in referring to them, " the Maries, and the rest of the dancers of the Court had, the ballads of that age doe witness." The English Government, on learning of this design, fitted out a fleet to intercept the Queen, but the squadron fortunately escaped every danger, and cast anchor in the harbour of Brest on the 30th of August 1548. Mary was conducted to St. Germain-en-Laye, where she was educated. The slow recovery even of the chief towns of the kingdom from such repeated ravages is apparent from the fact that Sieur D'Esse, the French commander, on returning from the south, undertook the fortification LEITH AND ITS ANTIQUITIES 225 of Leith ; but such was its ruinous state from its fre- quent burnings, that no lodging could be found there for his men, and they were forced to seek accommoda- tion in the neighbouring villages. The fortifications he erected exercised a most important influence upon the town ; people crowded from all parts to shelter themselves under the protection of its garrison ; and it speedily thereafter, as we shall find, became a place of great importance, when the con- clusion of peace with England permitted the rival factions into which the kingdom was already divided to gain head and assume form and consistency. The English were, however, still in possession of Inch- keith ; and as this was a point of vantage where they could maintain a garrison and harass and annoy both the Scotch army and their French allies, D'Esse determined to dislodge them therefrom. He accordingly selected one of his ablest and most experienced officers, Monsieur de Biron, to reconnoitre the position. Biron thereupon went on board the galley of Villegagnon and made a most minute and careful inspection of the place, its strong as well as its weak points. After due deliberation, the assault was determined upon ; and so anxious was Mary of Lorraine about this matter, that she was present at the embarkation of the troops for the attack, so as to inspire them as much as possible. The attack was intended to be of the nature of an ambuscade ; but the French, having found that the English garrison had discerned their intention, rowed directly for the island, on which, after a severe fight, they effected a landing. The attacking band drove the English garrison from point to point till they reached the summit of the island, where Cotton, the English commander, was killed, as well as a number of English oflicers. VOL. I. — 15 226 HISTORICAL NOTES CONCERNING The garrison, finding tlieir numbers wofully reduced, retired to a remote corner of tlie island, where, without further resistance, tliey yielded themselves prisoners. In this assault Biron was shot through the hand by a harquebus, and his burguenet [helmet] so beaten into his head that he had to be carried to his own boats to have his wounds dressed. His standard-l)earer, one Desbois, was also killed, along with Gaspar Strozzi, captain of a party of Italians. The former fell })eneath the pike of the English commander. Except- ing these, however, we are not told that any person of note on the French side fell on this occasion. Thus was Inchkeith taken, after being in possession of the English only sixteen days [1549]. The capturing of this little island, though not a very momentous affair, is yet, we conceive, remarkal)le for the bravery it elicited. Nothing could exceed the gallantry of the little band who attempted to defend it. They disputed every inch of rock — for it cannot be called ground — with their antagonists, and yielded only when there was no longer any hope of success from resistance, and when their numbers were so reduced as to make the contest altogether unequal. There is no record of the number of the attacking force, but, seeing that they had to attack this island from the sea, and obtain a landing on an island fortified and garrisoned, the due meed of praise for their bravery ought not to be withheld. The attack was boldly planned, and bravely and victoriously carried out. The French having succeeded at Leith, attacked the Eno;lish at HaddinQ;ton on two several occasions, on each of which they were repulsed. On 1st October 1549 the English abandoned Haddington, burnt it to ashes, and returned to England. LEITH AND ITS ANTIQUITIES 227 The allies which Scotland had called to her aid had, after a series of l^rilliant successes, nearly driven the English foe from every stronghold he had held in Scotland. After nine years of the most savage war- fare England had ever carried on against her neighbour, she abandoned the extravagant project of forcing Scot- land into a matrimonial alliance. On the 20th of April 1550 peace was proclaimed at the market cross of Edinburgh, following on the treaty which had been concluded at Boulogne between France and England, and in which the most advantageous terms had been gained for Scotland. Yet the employment of foreign troops is always a source of jealousy even amongst allies. It was indeed a poor inducement that brought the French ally from his own bright skies to the harsh and ungenial climate of Scotland. He generally found the country to which he had come, and in which he was to sojourn for a time, little better than a desert, devas- tated as it had been by the English with fire and sword. Incessant war with England had made the Scot, especially on the Borders, somewhat of a savage. In such circumstances, the foreigner, ally though he was, was regarded by the ordinary Scot as a legitimate subject for plunder. The departure of the foreign troops from Scotland was one of the stipulations that had been made in the declaration of the peace above mentioned. This was an opportunity which the needy and grasping Scot did not neglect, as appears from the followins; illustrative extract : — "The cjuhilk day [2nd of August 1550] forsamekill as at the departing of the Franchemen and Duchmen, thair wes certane comptroUaris and uthairis servandis to the King of Franchis thesauris in this realme, that causit the marinaris and uthairis l)Ottismeu of Kyngorne, 228 HISTORICAL NOTES CONCERNING Leith, Kirkcaldy, and utliairis, to carray to the schippis, for the quhilkis thuii- is grot soumes allcgit to lie de- bursit, and utheris ar cravand thair waigis and dewitis as yit, and allowance tane be the coniptrollaris and uthairis in thaix- companies ; and in likuise the said comptrollaris allegis thame to have debursit gret somes of money for wictualis, and pnt the samin to large prices in thair comptrollary; howbeit thair is diverse sowmes as yit unpayit, and allowance tane thairof in thair comptrol- laris, quhairthrow the King of France and his otliciaris ar graitlie defraudit, thairfore the Lordis ordanis ane messer or utliir officiar-of-armes, to pas to the Mercat Cros of Edinburch, peier and schoir of Leith, Kingorne, Kirkcaldy, and uthairis places neidfull, and thair, beoppin proclamatioun, command and charge all and sindrie marineris and bottismen that maid cariage to the saidis schippis of the said Franchmen, and uthair wictualis and baggage at the tyme of thair departing, and that thai cum to Monsuier Tennes luegeing, befor the com- missaris diput thairto, AVednesday nixt-to-cum, the vj day of August instant ; and to declair quhat sowmes ressavit for the premissis, and to declair quhat soumes ar restand awand to thame, and in sa far as restis awand to thame thai salbe satisfiit, sua that thair sail na farther complent be had, and justice salbe instant for witualis and wynns at the said tyme, and uthair stuff." {Reg. P. C. of Scot, vol. i. p. 105.) The same records contain the following entry, which has reference, it is likely, to a riot between the Scotch and the French that had taken place in the streets of Edinburgh, in which its provost and his son had been killed : — " Forsamekill as thair is diverse Franchmen that lies committit sindry attemptattis upoun our Soverane LEITH AND ITS ANTIQUITIES 229 Ladys lieges, quha ar to be accusit and punist for thair demeritis, aud thairfor necessar it is that ane assise be summond thairto ; tharefor the Lordis ordanis ane maissar or uthair officiar of armes to pas and summond certane personis quhais names salbe provin in bill, to compeir befoir the jugis commissares deput to sitt in siclik materis, in the lugeing of Monsuier de Termes in the abbay of Halirudhouse, upon AVeddinsday the vj day of August instant, and thair to beir witness in sik materis as salbe inquirit at thame, or to pas upoun ane assisse gif neid be, ilk persoun under the pane of xl li." {Reg. P. C. of Scot., ibid.) 230 HISTORICAL KOTES CONCERNING CHAPTER XX SUPERIORITY OF LEITH In the reign of Alexander III. a family named Leith owned extensive possessions in ]\Iid Lotliian, including the lands of Restalrig, and took their patri- monial surname from the town. About the com- mencement of the fourteenth century these possessions passed by marriage to the Logans, the remains of whose ancient stronghold still frown above the crag that rises from the eastern bank of Lochend, and, after the royal grant of the harbour to the town of Edinburgh by Robert I., Sir Robert Logan of Restalrig, Knight, the baronial lord of Leith, appears as a successful competitor with the Magistrates of Edinburgh for the right of roadway and other privi- leges claimed by virtue of the royal grant. Tlie estate of Restalrig extended from the outskirts of the Canon- gate to the Water of Leith, including the Calton, or Wester Restalrig as it was styled, but Logan was easily induced to sell the rights of his unfortunate vassals to their jealous rivals. The Logans, however, continued long afterwards to possess nearly the whole surrounding property, and thereby to maintain their influence and superiority in the burgh, where they appear to have always had their town mansion. Pre- ceding allusion to Leith, in the reign of Queen INIarv, by LEITH AND ITS ANTIQUITIES 231 a contemporary, shows its dignity and importance, at a period when a greater number of the nobility and higher clergy were resident in Leith than had ever been at any earlier date. On the 12th of April 1554 Mary of Lorraine was proclaimed Regent. Leith affording the means of con- stant communication with France, she made this sea- port town her favourite resort. Being now a resident in Leith, and naturally anxious to ingratiate herself with its inhabitants, both for the purpose of carrying out her own designs and for the sake of her daughter, the young Queen, she obliged her- self, by a contract entered into by the authorities of Leith, dated at Holyrood House 30th January 1555, to erect the town of Leith into a Ijurgh of barony, with letters of bailiary to continue in force till she erected it into a burgh royal. Knox says : "Be quilk promise the principal men of thame did travell with the Laird of Restalrig, ane man neither prudent nor fortunate, to quhome the superioritie of Leyth appertenit, that he suld sell his haill tytle and rycht to our soveraine for certain sowmes of money, quhilk the inhabitants of Leyth payit, with ane large taxation moir to the Queen Regent, in hope to have been made free in dispite and defraud of Edinburgh." There can be no doubt that the Regent purchased of Robert Logan of Restalrig the superiority of the town and links of Leith, for the use of the inhabitants, " for which," says Maitland, " they (the inhabitants of Leith) according to contracts paid to the said Logan the sum of three thousand pounds Scottish money, as appears by six several receipts under his hand still in their possession." Campbell says : — " The original receipts for this 232 HISTORICAL NOTES CONCERNING money, which seems to have been payable in equal instalments of £500, are still preserved, along with several other curious documents, in the Town's Chambers of Leith. A copy of one of these receipts we now take the liberty of sul)joining as a matter of some curiosity : — ' Be it kend till all men, be thir present letters, me Rol)ert Logane, of Restalrig, grantis me ressevit from Walter Cant and Florance Carntoun, baillies of the toun of Leith, in name and behalff of our soverane lady her derest moder INIarye, Quene and Regent of this realme, the soume off fyve hundreth poundis usale money of Scotland, in part payment of three thousand pounds premitted be the saide Quene and Regent to me for the renunciation and overgiving of my superiority of this said toun, to our soverane lady, and of that of the terme of the nativitie of our Lord callit yule last by past, of the quhilk soumme of ffyve hundi'eth pounds of the said terme in part of payment of the saide soume of tliree thousand pounds, I hold me weel content, and thankfully peyit be the saidis baillies in numerat money, and for me, my aires and assynis quyt claimes and discharges oure said soveraine lady, her deerest moder, the baillies fore- saidis, and all otheris theirof. Be thir presentis subscrivit with my hand at Leith, the tenth day of Marche, the zeir of God, ffifteen hundred and ffiftie-six zeirs, before thir witnesses, M. Jon. Logane, persone of Restalrig, and M. Mathew Jon ut utheris, sic suhscrihiturinprincii^ali^o'SKB.Ti Logan, of Restalrig.'" No trace of the said receipts is now to be found in the Council Chambers ; and although search has been made repeatedly for them throughout the records and archives of the burgh, they are not forthcoming. A few days after the date of the contract, the LEITH AND ITS ANTIQUITIES 233 Regent granted her letters patent to the inhabitants of Leith, empowering them to choose bailiffs for their better government, with charters for erecting clivers of their arts or trades into corporations. Dr. Rol^ert- son, writing so recently as 1851, says :— "The original deed or letter of bailiary, by the dowager on behalf of her daughter, Mary Queen of Scots, in favour of Walter Cant and others, is, or was lately, in the possession of the Town Council of Leith, ' subscrivit be our deerest moder, regent of our realme at Edinburgh, ye tenth day of Februa^'r, ye zeir of God, j™ v"= and fyftie-five zeirs and of our regnne ye xiiij zeir.' It is signed in bold text, ' Maria R. Gilbert, theasurer.' A copy of this deed, made in 1823 by the author of the 'Criminal Trials,' bears the following note :— ' Gilbert, Earl of Cassilis, Lord High Treasurer of Scotland, third Earl of Cassilis, born 1515. He was pupil of George Buchanan, and was one of the noblemen taken prisoners by the English at the overthrow of the Scottish army at Solway Moss. The Earl was the only nobleman w-ho returned to England and relieved his hostage on the breach of the treaty of marriage betwixt Prince Edward, son of Henry VHL, and ]\Lary. He was present in France at the marriage of ]\Iary with the Dauphin, and died at Dieppe, supposed by poison, 28th November 1558. The copy is docqueted— Edin- burgh, 17th March 1823.' The preceding is a literal transcript from the original letter of bailiary in the archives of the town of Leith, and has been carefully deed by me, Robert Pitcairn, AV.S." If the original collated was in the possession of the Town Council so recently as 1851, it is remarkable that no person knows w^here it is now, nor what has become of it. The Regent, however, not merely claimed the 234 HISTORICAL NOTES CONCERNING superiority of Leith, but acted in virtue of her pre- tcusions thereto. The office of water-bailie was, as we have seeu, considered one of some importance; so much so, indeed, that the Queen-Regent would not permit the Provost, Magistrates, and Council of Edinburgh to present any one to that office without her consent. This will be seen by the following royal command: — "8th November 1555. — In prcsens of the prouest, baillies, counsale and vesitoruis of craftis compcrit Johne Littil, and producit ana writting direct be the Quenis grace, of the tenour following quilk thai ordanit to be registrat, and the said Johne desyrit thair answer thairupoun, quha declarit thai would gif thair answer to the Quenis grace. Provest, baillies, and counsale of Edinburgh, we grete you hertlie well. Forsamekill as we are informit that Patrik Barroun, your watter-bailye, hes ellis or intendis to resign, renunce, and gif ouer in your hands his office of watter-bailyeschip, in favoures of some uthir nj-chtbour of the said liurgh, quhilk resignatioun, renunciation nor ouer-giving said nocht be without oure special avis and consent thairto for diuers caussis, as we shall schau you quhen the samin vaikis be deceis or inhabilite of the said Patrik : heirfor we require and als chargis you in oure maist effectius manner, noch to ressaue ony resignatioun be the said Patrik of his office of wattcr-bailayschip foirsaid, in favoui'is of ony uther persoun, nor admit nane thairto, except we content or nominate thame to the samin, or send our mynd to you in writt thairupoun, traistand ye will do the samin, and ye evar for this oure requeist as ye will do us plesour. Subscriuit with our hand at Halyrudhouse, the xxix day of October, j'" v' and fifty-five yeris." LEITH AND ITS ANTIQUITIES 235 The son of the holder of the ofEce evideutly con- sidered that the appointment was a hereditary one, and he accordingly applied to have the office retained for him: — "20th March 1555-6. — In presens of the prouest, baillies, and couusale, Alexander Barroun, sone and air to umquhile Patrik Barroun, last watter baillie, desyrit the said office to be holden still in the tounis hand, conform to his bill, and desyrit the service thairof quhill Michaelmes nixt to cum, he findaud souerte for Q-ude service thairin." The Queen-Regent was, however, very persistent, and her nominee was equally so, as appears from the following: — "20th March 1555-6. — In presens of the prouest, baiUies, and counsale, Maister Henry Fouhs, in name and behalf of Johne Littil, pre- sentit twa wrytingis direct be the Quenis grace to the toune in favouris of the said Johne t'n-icheing the office of watter-bailyery, and desyrit thair answer thau'upoun." What the two writings from the Queen-Regent were does not at this stage appear. The Magistrates of Edinburgh did not want to present the Queen's nominee, and admitted for once that Leith was being imposed upon. They resolved that the office should be an annual appointment only. Thus : — " 24th March 1555-6. — Alexander Home, Johne Sym, Robert riemyng, Richard Carmichael, baillies ; Maisteris Thomas M'Calycane, John Spens, Robert Hercot, assissouris ; James Barroun, dene of gild ; Andro ^lurray of Blackbarony, John Symsoun, James Car- michael, Maister Johne Prestouu, Maister James Lindesay, Adam Foularton, Edward Hoip, James Adamsoun, Johne Spottiswod, and Michael Gilbert, of the counsale ; Thomas Clarksoun, visitour of the y 236 HISTORICAL NOTES CONCERNING skynnaris ; Johiie Banx, visitour of the hammermen ; Gilbert Gray, visitour of the masounis ; Mrgill Cakler, visitour of the wrichtis; William Smyth, visitour of the cordinaris ; Cuthbert Dick, visitour of the walkeris ; William Mochry, visitour of the wobstaris ; Archibald Dewar, for the visitour of the tailyeouris ; Johne ^los- man, for the visitour of the goldsmythis; William Craik, Francis Tennaud, William ]\Iuirhead, Allaue Dikkesouu, William Lawsoun, Alexander Barrouii, David Symmer, and George Todrrick, burgessis con- venit, in the Tolbuyth thairof, undirstandand that the said burgh their liavin of Leyth, liberte and fredome thairof hes bene hevely hurt in all tymes bygane throw the geving of the office of watter-bailyery in liferent to unKjuhile Patrik Barroun, quha Ijroukit the samyu during all the dayis of his lifetime, and is now laitlie deceissit, and that the said office was of befoir the gevin thairof to the said vmquhile Patrik, vsit yeirlie to be elekit and chosin at Michaelmes as the prouest and baillies were thairfor, the saidis baillies, assissouris, counsalc, visitouris, and men of gude, and burgessis foirsaidis, thinkis expedient and als statuus and ordanis that the said office in all time commying be changit yeirlie at Michaelmes as the laif of the officeris of burgh, sic as provest, baillies, thesaurar, and dene of guild ar, and that the samyn be nevir gevin in lifrent to ouy person of quhatsumeuir degre he be of; and quha purchessis requeistis or chargis of the princis or other superiouris in the contrar, decernis that persone to be vnhabil to brouke liberte, fredome, or office in this burgh, and heirto the saidis prouest, baillies, assissouris, counsale, and honest men burgessis, and communite, oblessis them and their successouries, and ordanis the thesaurar to intromit with the doks ever LEITH AND ITS ANTIQUITIES 237 qubil thai be further avist to be furthcummaud to the tounis us." Tlie Queen-Regent was not to be outwitted in this way. She accordingly issues a writ to the civic dignitaries, which is read at a meeting held upon the 27th April 1556. " In presens of the prouest, baillies, and counsale, John Littil presented ane writing sub- scrivit by the Queeuis grace of the tenour following : — ' Prouest, baillies, and counsale of Edinburgh. For- asmekil as we half oft and divers tymes requested you be oure uthir special writtiugs to half prouidit oure daily seruitour, Johne Littil, to the office of wattir bailyeschip, wakant in your handis be deceis of umquhile Patrik Barroun, quhilkis oure uthir re- queistis and speciall writings ye haif as yet contem- puaudlie dissobeyit, and postponis and deferris to fulfiUe the effect of the samin, quhairthrow we are movit to chairge you to do the samin. Theirfor it is oure will, and we chairge you this writing being sene that ye convene and mak the said Johne be duilee prouidit to the said office siclik as utheris hes bene of befoir, quhilk gif ye failye to do we can nocht stand content thirwith, and salbe als unorait and unthankful to ye gif ye charge us with any besynes concerning you in tymes cuming, and we assuir you this our utir ansuir to you in this behalf Subscrivit with oure hand at Holyrudhous the (blank) day of April 1556.'" " In pi'esens of the prouest, baillies, and counsale, Archibald Dewar declarit that it was the haill craftis mynd that the Queenis grace writting presentit be Johne Littil, tuching the watter bailyery, suld be obeyit, and thairupoun askit instrumentis." " 28 April 1556. — In presens of the prouest, bailies, assisouris, counsale, and vesitouris foirsaidis, James I 238 HISTORICAL NOTES COKCERNIXG Young and Archibald Dewar desirit that sa many of the vesitouris of the craftis as were absent that utheris of thai craftis were chosyn in thair phicis to wot anent the watter ballyery, and declarit that thai had com- missioun for the haill xiij vesitouris and tlie twa craftismen of the counsale to wot conform to the Queenis grace desire anent the said office to Jolin Littih" The Council seem to have been rather contumacious over his appointment, and to have been divided as to what should be done. The Queen again ordains them to proceed. They did not proceed, but one party wished to make the office a life appointment, wliilc the other only desired to make it for one year : — " 2nd May 1556. — The quhilk day, Sir Hew Kennedey presentit ane wryting to the prouest, direct lie the Quenis grace to him, of the quhilk the tenour followis : — ' Prouest of Edinburgh, we command you this wryting seue ye cause conven the hale counsale and communite of the said burgh in the Tolbuyth thairof, and cans our daylie seruitor Johne Littil be lauchfullie provydit to the office of watter baileyschip conform to divers onie eitheris wrytingis direct to you of befoir, and gif ony of the counsale happenis to be absent that ye nevirtheless proceed to the geving of the said office to the said Johne as ye will answer to us thairupoun. Subscruit with oure hand at Halyrudhous, the day of 1556.' Efter the quhilk presenting the said prouest, and the baillies, counsale, and communitie underwTitteu, comperand, votit in this manner : — The prouest gevis the office of watter-bailyery to Johne Littil, with all proffittis and commoditeis thairof for all the dayis of his liftyme, conform to the Quenis grace command and wryting. Mr. Archibald Graham, LEITH AND ITS ANTIQUITIES 239 theasurer, gaif the samin to the said John siclik. Johne Sym, Robert Flemyug, and Richard Carmichael, baillies, declarit thai could nocht voit becaus the counsale was uocht all present nor yet warnit. Alex- ander Home, baillie, votit that the said office remane in the townis handis. Johne Symsoun, Adam Foulartoun, and James Carmichael, of the counsale, votit as the three baillies did. Johne Loch and Michaell Gilbert, of the counsale, grantit the office foirsaid to Johne Littil for ane year at the Quenis grace desyre. William Mochry, visitour of the wobstaris, John Gilbert, visitour of the goldsmythis, Alexander Bruce, visitour of the Ijarbouris, Johne Banx, visitour of the hammermen, William Smyth, visitour of the cordinaris, Thomas Clerksoun, visitour of the skynnaris, Gilbert Gray, visitour of the masonis, Henry Robertouu, visitour of the fleschouris, and Cuthbert Dik, visitour of the walkaris, grantit the office of watter-bailyery to Johne Littil for al the dayis of his liftyme." The Queen-Regent again interferes, and desires a life appointment for her nominee, Johne Littil : — " 7th May 155G. — In presens of the prouest, John Sym, Richard Carmichael, Robert Flemyng, baillies, the haill counsale, except Michall Gilbert and Andro Murray, and the thre assisouris present, John Littil presentit and producit to thaim ane wryting, and charge of the Queenis grace of the quhilk the tenour foUowis : — ' Prouest, baillies, and counsale of Edin- Ijurgh, forsamekill as we haif oft and divers tymes requeistit, and ais chairgit you to haif providit and disponit the office of watter-baillieschip, now vacaud in your handis, to oure dailie servitour, Johne Littil, likeas divers oure uthir wrytingis dueit to you of befoir at mair lenth proportis, quhilkis as yet ye haif nocht 240 HISTORICAL NOTES COXCERNING fulfillit, but eoutempuandlie lies disobeyit the samin, quhairfor we charge you yit as of befoir that incontinent this cure wryting sail ye gif and dispone the said office of watter-baillieschip to the said Johne for all the dayis of his life, to be broukit and usit be him during his lifetime, siclikc as umquhile Patrik Barroun, last watter-baillie usit the samyn, and your answer heirin- till quhat ye will do in this behalf but delay, for it is cure utir mynd that the samyn be done but ony further excusatioun, as ye will answer to us thairupoun. Sul)- scriuit with oure hand at Halyrudehouse, the day of Maii 155G.'" The civic dignitaries evidently yielded to the royal command, for Johne Littil appears and takes the oath : — "15th May 1556. — In presense of John Syni and Richard Carmichael, baillies, and the couusale, John Littil made his aith to exerce the office of watter- bailyery conform to the gift maid to him thair be ane Act the viij day of INIay instant, leley and trewlie, but feir or favour." Though the Council only granted during their pleasure, the Queen grants for life : — "30 May 1556. — In presens of the prouest, baillies, and maist pairt of the counsale, comperit Johne Littil and presentit ane wryting subscrvit be the Queenis (grace) of the quhilk the tenour followis : — ' We, understanding that Johne Sym, Richard Carmichael, and Robert Flemyng, baillies, James Barroun, dene of gild, Andro jMurray of Blackbarony, Maister James Lindesay, Maister Johne Prestoun, James Adam- soun, James Carmichael, xVdam Foulartoun, Alexander Achesoun, Eduard Hoip, Johne Symsoun, Johne Spottis- wood, and John Loch, of the counsale, and Maister Robert Heriot, ane of the assisouris of the burgh of LEITH AND ITS ANTIQUITIES 241 Ediuburgh, gaif and grautit the office of watter-bailyeiy of the port of Leyth, vacand in their handis throw deceis of umquhile Patrik Barroun, of Spittalfield, last wattir-bailye thairof, with all and sundry proffitis, commodities, and dewties of the samyn to our louit Johne Littil, burges of the said burgh, and that in- during our plesour to be broukit and joysit induring our will, as ane act maid thairupoun uudir the signe and subscriptione of Alexander King, commoun clerk of the said l:)urgh beris, quhilk will we declair be thair presentis in maner following — that is to say, the said Johne sail brouk joys us and exerce the said office be himself and his deputtis during al the dayis of his life, and uptak and intromett with all and sindry profittis, commoditeis, and dewiteies pertnying thairto during the said space, siclik as the said umquhile Patrik Barroun, brukit, usit, and uptuke the same during his liftyme, and this our will to all and syndry quhome it efferis we mak knawn be thir presentis. Subscruit with oure hand at Halierudehous, the xxix day of Maij, the yeir of God j" v" fyfty-sex yeris." " 22nd October 1556. — The Baillies Alexander Barroun, William Ker, and Allan Dikkesoun, and ane pairt of the counsale, thocht expedient that Johne Littil and Maister Archibald Graham suld pas to the Quenis grace with ane wryting of thairis to mak hir grace knowledge of the new wynis that ar cumin in, and to git hir gracis mynd anen't the prycis thairof on the tounis expense." VOL. I. — 1 6 242 HISTORICAL NOTES CONCERNING CHAPTER XXI THE QUARRELSOME SPIRIT OF EDINBURGH The regulation of the maltsters was always a trouble- some matter for Edinburgh, and the following is an example of how they dealt with that : — " 9 Feb- ruary 1553-4. — The (|uhilk day the prouest, baillies, and counsale of this burgh understandand that the maltmen of Leith, Cannogait outwith the west partis, Dalkeyth, Musselburgh, and utheris townis adjacent to this burgh, hes, in all tymes bygane contravenit the statutis of this burgh anent the preces of mault, and sauld to the brousteris of this burgh thair malt of darrar prece nor the maltmen of this burgh wes astrickit to sell thair malt, and for remeid thairof hes callit the haill maltmen of this burgh quha hes promittit and taen on hand to furnis the haill brousteris of this burgh samekill malt as thai will brew, and thairby the in- habitaris of this burgh and utheris the Quenis liegis repairand thairto to be furnissit and stakit of the preces contenit in the statutis of the towai. Quhairfoir it is statute and ordanit be the prouest, baillies, and counsall foresaid that na maner of brouster induellar within this burgh tak upoun hand fra the last day of Februar instant furth to by oney malt outwith the fredome of this buro;h, bot fra the maltmen thairof, and of the townis prece specifiit in thair statutis or than in the LEITH AND ITS ANTIQUITIES 243 merkat of this burgh, quhilk the saidis prouest, baillies, and counsale ordanis to be to all our Souerane Ladeis legeis that pies to repair to this burgh with malt to sell at the quheit mercat heid, and euery dey of the oulk to be ane mercat day of malt, under the pane of eschete of the malt that beis bocht be oney of the saidis brousteris bot as aidis but fraude or gile." Next we may quote a recognition of the wrights and coopers, but it is to the brethren of the burgh of Edinburgh only :— " 20 September 1554.— The prouest, baillies, and counsale ordanis in all tymes cummyno- quhen ony schippis arryvis at this port of Leyth ladynnit with tymmer that thair be ane pairt thairof delyuerit of the townis price to the brethir of wrychtis and cowparis of this burgh be thair maister of wark for the tyme that thai may wirk the samyn the biggaris within the burgh for the tyme being seruit with thame of the said price." The Magistrates, however, get wider awake, and now seek to strike not only at the interposition of Leith men, but also at the strangers bringing in o-oods : " 14th November 1554.— The quhilk day theVouest, baillies, and counsale understandand that stranoearis frequentand at this port of Leyth, and enterand^thair guidis in the bukis of this burgh, and bringand the samyn thairto, hes in tyme bygane hurt the fredome of this burgh in selling of thair merchandice in small to unfremen and utheris, and hid the same in chalmeris of the hie gait; and for eschewing heirof in tyme cuming it is statute and ordanit that all sic strangearis frequentand to this port of Leyth bring thair Juidis to this burgh and putt the samyn in ane foir bufth on the hie gait, and hald nane furth thairof in ony uther placis, and sell the samyn conform to the ordinance 244 HISTORICAL NOTES CONCERNING maid the xx day of December, the yoir of God j'" v'= xlvj yeris, and that thai oppin nocht their buith duris nor sell ony gudis quhill ix houris befoir none, and than to continew quhill xij houris, and than to steik the samyn quhill two efternone, and at twa efternone to oppin the samyu and hald thame opynuit quhill foure houris alanerlie ; and that thai sell nane of thair gudis to ony maner of personis bot to fremen and burgessis of this burgh for the first xx days efter the inlwing- inor of thair o;udis to sell in thair buiths, and CO ' frathinfurtli to sell the samyn at all houris to fremen of borrowis and nane utheris ; and this ordinance intemyit to Fi-aucis Vmghen, and he chargit thairwith." The old Cjuestion as to the extent of the jurisdiction of the Magistrates enablino; them to exact customs at Leith, crops up in a question between certain persons who claimed cxemptiou, but who were found liable in respect they were indwellers on " the north side of the brig," and ordered to remain in ward. They paid their customs, however. "24th November 1554. — In presens of the prouest and baillies sittaud in jugement, Michael Rynd enterit John Wardlow, James Leistar, James Bartane, and Johne Colle at the instance of the fremorar of the wyld auenturis ; and thairefter comperit William Crawfourd, baroun baillie to the Abbot of Halyrudhous, and desyrit thame as in- duellaris on the north syde of the brig, to be replegit to the said abbotis jurisdictioun, and offerit cautioun, and the jugis fand that in respect that thai were input for customes thai were jugis to thame ; and the said William protestit for remeid ; and the saidis prouest and baillies ordanit the saidis pairties to remaue in ward quhill thai pay thair customes." The Magistrates of Edinburgh evidently had con- LEITH AXD ITS ANTIQUITIES 245 siderable trouble in enforcing their grievous ordinances against Leith, for they were frequently at law on the various subjects. Processes had to be made for carry- ing on these lawsuits, and the following is an ordinance for that end: — "15 January 1554-5. — The prouest, baillies, and counsale understandand that thair is depeudand afoir the Lordis of Counsale diuers grete actionis concernyng the commoneweill of this burgh and liberte thairof betwix thame and the toune of Leyth and Cannogait, and becaus at all tymes quhen neid is that money man be dibursit in the saidis pleis bayth of the deducing of the proces and sic other sowmes as sal l)e thocht expedient be the assyssouris to be gevin for the weill of the said actioun, the counsale can nocht be convenit togedder to consent thairto ; thairfor, thai half nemmit Johnne Sym, baillie, John Symsoun, and Maister Johne Prestoun, thesaurar, to awis quhat sowmes of money thai and the assessouris thinkis expedient to be gevin for the causis foirsaid, and thai sowmes deuisit and ordanit be thame to l^e gevin being payit be the said thesaurar be ane precept to be subscriuit be the saidis Johne Sym, Johne Sym- soun, and ony ane of the thre assessouris sal be allowit to him in his comptis als weill as gif the saniyn had been ordanit be the said prouest, baillies, and counsale." The restraints on Leith were endless. Again the Edinburgh Magistrates prohil)it any burgess from being a partner with any Leith man, or making such a renegade factor, either " inwith or outwith the realm, in any maner of way." These worthies considered the realm over which they had jurisdiction boundless, but of course they could always exercise authority over their own burgesses, and make their ordinances 246 HISTORICAL NOTES CONCERNING and penalties real against them wlierever the offences were committed. "18th January 1554-5. — The prouest, baillies, and counsale lies statut and ordauit that na maner of burgessis within this burgh in ony tyrae cuming talc upoun hand to be pairtynar with ony inducllar of Leyth, Cannogait, or ony uther unfreman, nor that nane of the saidis burgessis mak ony of the saidis personis of Leyth, Cannogait, and uther unfre- men thair factouris, other inwith the realme or outwith the samyn ony maner of way, or yit be frauchteris of schippis with thame under the pane of xl li., xx li. thairof to ])e applyit to the commoun werkkis, and the uther XX li. to be gevin to the officeris of the buro;h apprehaudaris of the persoun that brekkis this statute." " The prouest, baillies, and counsale lies statut and ordanit that na schippis arriving at this port of Leyth ill tyme cuming be enterit in the towuis buikis into the tyme the said schip or schippis be cumin in the havin and lying thairin." But the promulgation of ordinances against Leith was not the sole characteristic of the Edinburgh Magis- trates as a body corporate. They have always been prone to litigation, and, in fact, have hardly ever been out of the Court of Session since it was instituted. In February 1554 they were at law with Walter Cant. Whether this is the individual who paid the money for the freedom of Leith, and whether the subject- matter of the action related to that, does not appear. It very likely was the same person, and it is not at all unlikely that the subject of the dispute was this money, as the Queen herself interferes with the proceedings, and commands the heads of the Court to cease taking any action until other causes between Edinburgh, Leith, and Canongate were decided. I LEITH AXD ITS ANTIQUITIES 247 "27 February 1554-5. — In presens of the baillies sittand in jiigemeiit, ]\Iaisteris Jobne Abercrummy and Alexander Sym prolocutouris for Walter Cant anent the clame geviu in be Maister Johne Prestoune, thesaurar, aganis thame, allegit that it was desirit and requestit be the Justice Clerk and the Clerk of Register at the com- mand of the Queenis grace, that the said actioun suld ceis quhill the desisioun of the caussis betuix Leith, Edin- burgh, and the Canogait, quhilkis allegiance the saidis baillies declarit that thai knew nocht ; and thairefter the saidis prolocutouris acceptit the said clame gevin in upoun thame be the said thesaurar, and protestit that thai mycht be hard to dispute the said actioun afoir the interloquitour gevin." In 1554-5 the following accounts appear in the Records of Burgh of Edinhurgh, vol. ii. p. 296 : — "Item, the xv day of Februar 1554, gevin for instruments jDleigand aganis Walter Cant, in Leith, viij'V " Item, that samyn day, for instruments pleyand aganis Patrik Boyman in Leyth for paking and peilling in Leyth iiii'V " Item, the first day of March 1554, gevin to Sir David Lawsoun, writter, at the command of Mr. Robert Strang, procurator for the town, aganis Waltar Cant and Patrick Boyman, of Leyth, for writing of certain answers, peremptoris, and declarators in their caussis, v'." "Item, xv March 1554, in ressonying of Walter Cant's mater, and als aganis the dekin of the tailzeors, and thair seill of cans for instruments, viij"'." Walter Cant's " matter " was, therefore, evidently a most important one, causing a good deal of anxiety to the Corpora- tion of the city of Edinburgh. What became of it does not appear, but no doubt it was hushed up in terms of the Queen's command. 248 HISTORICAL NOTES CONCERNING " On May 4th, 1555, George Hume, residing iu the Town of Leithe, Walter Cant, and thirteen others, indwellers there, and burgesses of Edinburgh, found surety to underly the law at the next Aire of Edin- burgh, for selling French wines at higher prices than fixed by the Queen's Proclamation of December 7th last, under the pain of forfeiture of their whole move- able goods, viz. for each tun of ' Burdeouse ' and 'Angew' wine, 20 1., and in retail at x d. per pint; ' Rochell,' ' Scherine,' and ' Cunezeoche,' IG 1., and in retail viij d. per pint." (Pitcairn, vol. i.). "On 21 June 1555 the prouest, baillies, counsale, and dekynnis of craftis hes gevin and grantit, and be the tenour hereof gevis and grautis to Archibald Gled- stanis the beidmanschip in Sanct Paul's work, now vacand in thair handis be the deceis of John Cuming, last possessour thairof, for all the days of his lyfetyme, with all proffittes, etc., and ordanis him to haif institu- tion thairof." It would be interesting to know if this was an ancestor of the ex-Premier. The Magistrates of Edinburgh having found a very faithful servant iu the person of William Ker, who was searcher of the goods brought into Leith, from which source he received large sums of money for the city, duly rewarded him as follows : — " 13th December 1555. — The prouest, baillies, and the haill counsale, and dene of gild, haifland consideratioun that William Ker, custumar of the wyld awenturis in the yeir bygane, was causit to set the petty customes of Leyth to John Dahnahoy for XL li., and that he ofterit j" merkis thairfor, and that the saidis petty customes wes worth samekill ; and als that the said William hes in the yeir bygane inbrocht grete sowmes of money to the towne be serching of gudis inbrocht in schippis of LEITH AND ITS ANTIQUITIES 249 unfremenis quhilkis were uninterit and thairfor become eschete to the toune and deliverit to the thesaurer : and als that the said William be himself and his seruitouris tuke grete attendance and avait in Leyth the said yeir, and stoppit the men of Leyth and utheris unfremen to us the fredome of this burgh ; and spendit grete sowmes of money thairby, and for the caussis foirsaidis, and utheris caussis and con- siJeratiouuis moving thame ; ordanis the thesaurer, Maister .Archibald Grahame, to content and pay to the said William the sowme of seven scoir merkis." The civic dignitaries of the capital jealously guarded their corporate rights, prevented Leith from any exercise of trade, and endeavoured to foster and develop the "Newhaven." So on 31st March 1557, "Theprovest, baillies, and counsale consentit that thair suld be warit vpoun the bigging of the jSTewhavin, of the commoun gudis this year fyve hundreth pundis usual money of this realm." And on 31st July 1557, "The prou- est, baillies, and counsale oixlanis Alexander Park, thesauair, and Sir William M'Dougall, maister of wark, to pas the moi'ne and vesie the wark of the Newhavin, ancl the laubouris maid thairupoun be the men lau- bouraris thairat, and C[uhat beting and repairing the samin misteris at this tyme for vphalding and sustening of samekle thairof as is ellis biggit, and to tak consider- atioun quhat money will satefie the samin, and mak report thairof to the counsale vpoun Monunday nixt." The Corporation again exasperated the indwellers of Leith by preventing them from buying from unfree- men. " On 17th June 1558, the indwellaris of Leyth may on na wayis buy woll, hyde, claitli, skin, salmound, wyne, walx, victuellis, or ony maner of stapill guidis, 250 HISTORICAL NOTES CONCERNING fra unfremen in the countrie, bot all sic merchandice sould first cum and be presentit to the burgh of Ediubui'o-h, and thairefter sould be bocht fra the fremen thairof Item, the indwellaris, nor na uther unfremen, may pack and peille the saidis gudis in the town of Leyth, quhilk is ane unfre town, nor yet in ony uther place within the fredome of Edinburgh, bot all sic merchandice and guidis audit and sould be brocht to the said burgh, as principall stapill thairof, and thair to pack and peill the samin, and pay thair customis and dewteis thairfor as efieris." In the same year the Magistrates had evidently imprisoned in the Tolbooth a certain Charles Sangler, Flemyng, who had apparently applied to the Queen and prevailed upon her to issue an order on his behalf : — "12th February 1558-9. — In presens of the baillies and certane of the counsale, comperit Charlis Sanguilleir, Flemyng, and producit the wryting vnderwrittin, of the quhilk the tenour followis, and desyrit thair ansuer of the samyn : ' Regina, we for certane ressonable causis moving ws be thir presenttis, gevis licence to Charlis Sanguilleir, merchand in Flandaris, to lois his guddis furth of his schippis now being in the port of Leyth, and to seller the samyn in the said toun of Leyth, and to sell the samyn to freemen as he thinkis expedient, and to ladyn his said schip agane with all lesum merchan- dice, providing alwayis he offer his saidis guddis fyrst to the burgh of Edinburgh, dischargeing heirfor the prouest, baillies, counsale, and communitie of the said burgh to mak onye stop or impedyment to the said Charlis in losing sellarina; of his said guddis and laiding of the said schip agane with lesum merchandise or to mak ony arrestment vpoun him or his guddis thairfor, and of thair offices in that pairt, he payand LEITH AND ITS ANTIQUITIES 251 customes and dewties vsit and wont. SuLscruit with our hand at Edinburgh the aucht day of Fabruer 1558. Sequitur suhscriptio, Marie, etc' To the quilk it wes ansuerit be the counsale foresaid, that they waki gif thair ansuer to the Queenis grace." The Queen further charges the Council to liberate the said Charles and deliver him to her messengers, under the pain of treason. "On 13th February 1558-9, Eichert Douglas, masour, intymeit the Quenys graces writing to my Lord Seytoun, prouest, and the four baillies, of the quhilk the tenour followis : ' Apud, Edinburgh, xiij° Februarii, anno, etc., Iviij": Forsamekill as it is vnderstand to the Quenys grace that the provest, baillies, and counsale of the burgh of Edinburgh hes wardit within the tolbuith thairof Charles Sangler, Fleming, and withhaldis him thaiiiu, thairfoir, and for certane motivis moving hir hienes, ordanis ane messin- ger pas incontinent eftir the sycht heirof, and charge the said provest, baillies, and counsale of the said burgh that thai incontinent put the said Charles to libertie and fredome furth of thair waird, and deliuer him to the said messour to be enterit before hir grace, vnder the pane of tresoun. Sequitur suhscriptio, Marie, etc.' " This was followed by an order to allow him to sell his goods and to load his ship and depart. " 14th February 1558-9. — Regina, provest, baillies, and counsale of Edinburgh : Forsamekle as it is our plessour that Charles Sanguiller, Fleming, be sufFerit to vse and dispone vpon his gudis laitlie brocht in be him as he sail think best, quhairfoir we requeist yow that ye mak him na impediment in vsing, selling or disponing thair\"pon, nor in ladyng of his schip with lesum merchandice, and departing, quhilk we promyt 252 HISTORICAL NOTES CONCERNING you sail nocht be in preiuidice of your rychtis or priuelegis grantit to yow tuichiug your fredome ; and this on na way ye leif undone, as ye will answer to ws vpone your vtermaist charge. At Edinburgh, the xiiij day of Februarii, anno 1558." There was some spirit of toleration, and even liber- ality, in these orders, but they no doubt gave great offence to the Town Council of Edinburgh. It will be observed that these orders were not to be in prejudice of their rights or privileges. They were always jealously guarded and looked after. They were a very consider- able source of revenue to the city itself ; and, moreover, by them the trade of the port of Leith was confined practically to the freemen of the city of Edinburgh. In order to protect their privileges and see that there was no money refunded, the Provost and Magis- trates of Edinburgh appointed certain persons to " wait upon " the selling and disponing of all goods brought into the shore of Leith, and see that no indweller of that town in any way infringed the privileges of the freemen of Edinburgh. "24th March 1558-9.— The provest [baillies, assessors, councillors, treasurer, and deacons] haveand consideratioun that the maist pairt of their privilegis quilkis ar grantit to thame be our Souerane Lord and Ladyis maist noble progenitouris anent thair fredome within the toun and schoir of Leyth, and of bying of the guddis inbrocht be stran- gearis thairto, ar hable tak less effect for non awating thairupone, all with ane voce ordanis Edward Litill, David Somer, and Tomas Ridpethe, coniunctlie and severallie, to await vpone the selling and disponyiug of all guddis inbrocht at the said schoir, and that na inhabitant of the said town pak nor peill thairin, with power to thame to cause all actis and decretis maid and LEITH AND ITS ANTIQUITIES 253 cette furthe for the libertie of this burgh vpon the said town of Leyth, to be putt to deu executioun in all poyntis efter the forme and tenour thairof, and gif any maner of persone ather fre or vnfre, contravene the saidis statutis, or ony pairt thairof, to call, follow, and persew the contraueneris of the samyn befoir ony juge competent ; quhilkis personis hes acceptit the said office vpone thame, and ar sworne be thair grit aithis the halie ewangelistis twechit to minister leillielie and trewlie thairintill for the weill of this burgh, ay and quhill thai be dischargit thairof be the gude towne, for the cjuhilkis caussis the provest, baillies, counsale, and dekennis forsaidis grantis to the saidis personis the thrid pairt of all and syndrie sowmes of money to be obtenit and recoverit be thame vpone all and syndrie contraweneris of the saidis statutis to be equailie devidit amang thame in recompence of thair lawbouris." The constant quarrels between Edinburgh and Leith had at this time evidently reached such a pitch that the Queen had to interfere, and desire the indwellers of both towns to live at peace and unity with each other. To this end she desired that all actions between the said towns should cease for a time. "On 28th April 1559: The provest [baillies, dean of guild, treasurer, assessors, council, and deacons of craft] convenit in the counsaill hous efter consideratioun had of the Quenis grace writting schawin and producit to thame be my lord provest direct to the provest, baillies, counsaill and communitie of this burgh, makand mentioun that hir grace was informit that thai had callit or wer to call certane induellaris of the toun of Leyth for certane auld actionis and querellis being betwixd thame ; and hir grace, desyrand the induellaris of bayth the said townis to be at \Tiitie 254 HISTORICAL NOTES CONCERNING aud quietnes, requeistit the provest, baillies, counsall, and communitie of the said burgh to superccid the calling of the saidis actionis vnto hir graces returnyng to the said l)ur2,h, as thai wald ansuer to hir orace and do acceptable gratitude in that l)ehalf as the said writting bure ; quhilk being red, considderit, and the provest, baillies, counsaill aud dekynnis, with thair asscssouris foirsaidis, Ijeing thairwith awisit, ordanis all actionis being betwix thame and the induelleris of Leyth to ceis quhill the Quenis grace returnyng, and inhibitioun to be maid to Edward Litill, Dauid Somer, and Thomas Eidpethe, deputt be thame to persew the saidis actionis to desist and ceis fra farther persewing thairof vnto the tyme thai ressauit farther directioun fra the counsaill thairto ; providing allwayis that becaus the induellaris of Leyth quhilkis ar summond at the townis instance to ansuer in the saidis actionis hes obtenit chairgeis of the lordis of counsaill chargeing all and syndrie the procuratouris or als money of thame as the saidis induellaris of Leyth thinkis expedient to defend in the saidis actionis vpone thair ressonable expenssis, that the geving of the saidis procuratouris and chargeis of the lordis obteinit thairvpon be callit and tak effect nochtwithstanding the said delay grantit as said is, providing allwayis that the samyn be nocht preiudiciall to thair saidis actionis." The Provost, Magistrates, and Council of the city of Edinburgh were not people to trifle with. They had very considerable jurisdiction — power of imprisonment, and a tolbooth in which to place their prisoners ; and they had little hesitation in exercising it. Logan, the laird of Restalrig, like divers of his ancestors, proving a very turbulent and implacable neighbour, was, for certain indignities put upon the Edinburghers, arrested LEITH AXD ITS ANTIQUITIES 255 by their order and committed to prison, with a strong guard to secure him. He proved refractory, threatened the Magistrates, and was closer confined in duress. The record of this event in the Council Books of Edinburgh is as follows: — "9th September 1560. — The baillies, counsale, and dekynnis being convenit, and efter ressonyng vpoun the contemptioun committit be the laird of Eestalrig vpoun Sounday last aganis the gude toun, fyndis gude sen thay have put handis in him and havand him presentlie in thaii- warde, that he be surelie keipit in the laych counsale hous, all the durris makand passage thairto to be doubill lokit and strenthit, and that fyve of the otficeris remane with him dailie and nychtlie quhill thay be forther avisit." What the nature of the indignity inflicted by the laird upon the city of Edinburgh was does not appear, but fears were evidently entertained that he would escape, and surety was required that the town would be kept skaithless of him. On 10th September 1560 : " [The baillies, council, and deacons of crafts] ordanis that ane sure wache be maid of the maist abill men of the toun for sure keiping of the Laird of Eestalrig quhill sufficient souertie and cautioun be found that the tounschip and communitie salbe skaythless of him, and all that he may latt, viz. xviij abil and weill-geryt men to wache nychtlie within and about the Tolbuith euerye nycht, and sex siclik on the day, and that the baillie of the quarter be present at the resaving and setting of the said wache and be haldin to ansuer for thame C[uhome he resauis." Some little light may perhaps be gathered regarding the laird's offence, from the next entry. They were not content that the town should be kept skaithless of the laird himself, but they also insisted that his concubine 25 G HISTORICAL NOTES CONCERNING should be apprehended, and then banished tlie town. " Item, it is ordanit be the baillies and counsale foresaid that deligent inquisitioun be maid throuch all the toun for the Laird of Restalrigis concul)yne, and that incontinent efter scho be appreheudit scho be cartit throuch the toun and banischit the samyn, viuh r the panys contenit in the proclamatioun maid for huris ; and that tlie samyn ordour be obseruit tuiching all hurris within the said toun, confurme to the saidis proclamatioun, as the saidis baillies will ansuer vpoun thair offices." The poor laird remonstrated against his confinement, and sent in a petition to the Bailies and Council in the following terms : — " 11th September 15G0. — [The l)ailies, council, and deacons of crafts] ordanis the Laird of Restalrigis writing, send to the bailies vj-ioun Souuday last, to be registrat, of the quhilk the tenour followis : ' Baillies of Edinburgh, I lat you wyt that ye have ane puir fallow of myne in your keiping in your tolbuith, quhairfor I dosyre him to be lattin furth, vtherwise I salbe evin with yow or ]\Iertymes. Nocht ellis quhill oure meting quhilk I sail fynd ane vther rowme to meit in nor the calsay of Edinburgh. Seqiiitur suhscriptio : Robert Logane.' And efter the subscriptioun : ' Gyf this present beis nocht ansuerit, I sail put yow in als gude ane Tolbuith.'" The concluding sentence of the petition was not quite in such a tone of supplication as behoved an imprisoned laird, and therefore the Provost and Bailies stuck to their resolution. They insisted that he must find caution for ten thousand pounds that they would be kept skaithless of him. They were evidently sorely aggrieved, not only at the laird himself, but at the wicked company he kept. "The baillies, counsale, and LEITH AND ITS ANTIQUITIES 257 dekynnis foresaid, efter aduisment with the said writing, vpoun consideratioun of the [dread] of the said laird of Eestalrig and his wikit companye, fyndis that be aventour thame selffis and the commoun pepill of this burgh salbe in danger of their lyiEs, gif the said laird eschaipe the waird and at ony tyme be thair maisteris, and in thair conscience deponis that he may be justlie feryt of bodylie harme towert the communite, quhair he may be thair maister, as said is, and thairfor ordanis him to be keipit in suir warde quhill sufficient cautioun be found, vnder the pane of ten thousand pundis that they salbe harmeles and skaythles of him and all that he may lat." The Bailies and Council were clearly afraid of a rescue, so they ordered the watch to be strengthened as long as the laird was in the Tolbooth. " 16tli September 1560. — The provest, bailies, and deacons of crafts ordained ' the ovir turnepike dur of the laich counsale hous, quhair the laird of Eestalrig is to be bigit vp with stane and lyme,' and also ordered ' the wache to be made stranger within the tolbuth sa lang as the laird of Eestalrig remanis thairintill, viz. xxx able Weill furynst men for the nycht wache, and xv for the day wache.' " They change their view, and only let two boys be beside him, and that he should only he visited by men who feared God. " The provest, baillies, counsale, and dekynnis foresaid, having sure knaulage that the multitude of pepill quhilkis wes lattin in and resortit to the laird of Eestalrig movit him sum tymes by the way, etc., thairfor and [for] vther caussis moving thame, ordains that fra this furth thair sail nane remane \nth the said laird sa lang as he is in thair tolbuith allanerlie, bot twa boyis, and he and they bayth to VOL. I. — 17 258 HISTORICAL NOTES CONCERNING want wappinnis ; and siclike that na maner of pcrsoun be lattiu into liim bot men of honour and judgement, quha salbe knawin to feir God, and of mynd to gyf him guid counsale for his weill, and they alsua to have na wappinis. The prouest, bailHes, and counsale ordanis the officiaris to be payit dalic wages quhilkis hes keipit the laird of Restalrig, or salbe commandit to keip him, viz. ilk day, iij s." No trace of the liljeration of the laird appears, nor is there any record whether the authorities were able to apprehend his coucul)ine or not. Probably the laird had to find the caution they ordered before he was liberated. The whole story gives an interesting and instructive picture of the manners of the times, and the high-handed way in which the Magistrates of Edinburgh always acted in any matter where they had the power. About this time the harbour of Newhaven had evidently fallen into disrepair, and the city, afraid that they would lose their privileges in connection therewith, ordered it to be rebuilt, as is seen from the following ordinances: — 15 February 1554-5. — The prouest, baillies, dean of gild, tliesaurer, the maist pairt of the counsale, and dekynnis of craftis representing the communite, uuderstandand that thai are gretelie hurt in the wanting of their hevin callit the Newhevin, findis and thinkis expedient, and als ordanis that the samyn be biggit as it wes of befoir, that thai tyne nocht thair fredome thairof nor privileges grantit to tham thairby." "16 February 1554-5. — The prouest, baillies, dean of gild, theasurer, and maist pairt of the counsale, and dekynnis of craftis, conform to the Act maid yesterday anent the bigging of the Newhevin, findis that the towne at this tyme hes nocht commoun LEITH AND ITS ANTIQUITIES 259 gude sufficient to the bigging thairof, and thairfor consentis that thair be upliftit and taen of the haill towne ane extent of fyve hundredth pundis to by tymmer with for the said havin, and that the samyn be coUectit with the extent quhilk the towne man now pay for thair part of the grete tax of xx"^ li. greit to the bigging of fortis in the bordouris." Newhaven, no doubt, benefited so far, but that was hardly the end the Edinburgh Council had in view when they issued these ordinances. The repairing of Newhaven harbour seems to have been rather a costly matter, as appears from the following: — "22 March 1554-5. — The baillies and counsale findis expedient that thair be twa hundredth pundis of the v*^ li. gaderit to the bigging of the Newhavin deliuerit to Alexander Josse and Robert Quhyntin to by timmer thairwith in the partis of Norway and uthir partis quhair thai ar now to pas, to the bigging of the said havin, viz. ]■= xl li. to the said Alexander ; ix li. to the said Robert, quhilkis acceptit upoun tham to by the samyn timmer as thai suld get informatioun thairupoun ; and the saidis baillies and counsale oblist to reward tham thairfoir accordinglie." "28th June 1555. — The baillies and counsale, sittand in jugement, ordanis the thesaurar to ressaif the grete tymmer inbrocht be Robert Quhyntin to the Newhavin, and to keip it on the townis expens, and als ordanis the said Robert Quhyntin, with avis of Sir William Makdowall, maister of werk, to sell the small tymmer inbrocht be the said Robert, and to mak comjit thairof" "4th July 1555. — The prouest, baillies, and counsale nemmit jNIaister Johne Prestoun, thesaurar, Maister James Lyndesay, baillie, Alexander Home, and 260 HISTORICAL NOTES CONCERNING Alexander Bruce to be maisteris of werk to the biggiug of the Newhavin, and ordanis tham to cheis sic vther inferiour over.searis as thai think expedient, and to begyn the said werk on Mouuuday nix-to-cuni." Yet, owing to the greed of the Corporation, it never got a thorough repair, but was always patched up in a temporaiy manner. The following is a good illustra- tion of the paltry way in which they set about the work — their conduct being so mean that their own contractor protested that he would not be responsible for any fault in the work : — " 2nd November 1556. — In presens of the prouest, baillies, and counsale, Johne Sym offerit to tham to put up and mak the twa paunallis quhilkis are now grathand to the Newhevin, and bemefill the samyn, and mak tham all sufficient in werk tymmer, iru, graith, and bemefiUing as ony of the rest of the pannallis of the west bulwerk ar, betuix this and Yule nixt-to-cum, thai deliverand to him the haill tymmer that is thair at the Newhavin now, except the lang tymmer that is of the lenth of standartis, and payand to him the sowme of xl li. of money ; and oflferit to find souerteis for doing thairof upoun his own expens, sauffand to him the said tymmer, and sowme of xl li., viz. : Maister Thomas Makcalzeane, James Barroun, Richard Carmichael, and Maister James Lindsay, quhilk offer the saidis prouest, baillies, and counsale acceptit, and the saidis personis become souerties for fulfilling of the premises, and the said Johne oblist him to releif tham thairof; and ordanis Maister Archibald Graham, thesaurar, to pay to the said Johne xx li. of the said sowme at Martymes nixt-to-cum, and Alexander Park to j^ay the uthir xx li. at Yule thairefter, and the said Mr. Archibald desyrit that the tymmer werk and werklumnis of the LEITH AXD ITS ANTIQUITIES 261 Newhavin wer ressauit fra him, and als protestit that in cais ony skayth or danger come to the pannellis that are put up in default of bark-cattis considdering the said Johne will intromit thairwith that the fait thairof be nocht imput to him." 262 HISTORICAL NOTES CONCERNING CHAPTER XXII MARV OF LORRAINE Leith was now almost entirely in the hands of the French, and the Queen-Regent introduced more French soldiers into that town than there was actual accommo- dation for. She caused a fort to be erected at Eyemouth, on the new principles of fortification adopted abroad, and garrisoned it with French troopers. Seeing that Tantallon Castle was a formidable stronghold, she tried by all means to get possession of this fortress ; but its owner, an astute Scot, replied to her entreaties that " his castle and all he had were at her Grace's com- mand, but before God he vowed that he must himself be governor, for no other person could hold it so well." Still further to increase the influence of France in Scotland, she furthered the marriage of the Dauphin of France with the youthful Mary Queen of Scots. A letter from the French King recommendino; the accom- plishment of this project, and requesting the attendance of Scottish Commissioners, whose presence should give sanction to the solemnity, was read in the Parliament which met on 14th December 1557. In compliance with his wishes, eight ambassadors or commissioners were chosen, viz. : — Gilbert Kennedy, Earl of Cassilis ; James, Lord Fleming ; George Leslie, Earl of Rothes ; James, Prior of St. Andrews ; George Seton, Provost of LEITH AND ITS ANTIQUITIES 263 Edinburgh ; John Erskine of Dun ; James Beatoune, Archbishop of Glasgow ; and Robert Reid, Bishop of Orkney. After a perilous voyage they landed at Boulogne and left for Paris, where the marriage was celebrated with due splendour in the cathedral church of Notre Dame, on the 24th of April 1558. In the arrangements consequent on the marriage, due provision was made for the maintenance of the Scottish nationality and the independent privileges of the people. The Queen had, however, some days before the celebration of the ceremony, signed three documents, the object and intent of which was to convey her king- dom, as if it were her private property, to the house of Valois. The Dauphin was to have the distinction of being called King of Scots, and the commissioners were desired to send, " for the honour of Scotland," the crown, the sceptre, and the other decorations which had been used in coronation ceremonies of the kings of Scotland. An ineffectual attempt was also made to get the commissioners committed to a grant of the crown in favour of France, but they declined in any way to accede to these requests. They were thereupon dismissed from the French Court. When the commis- sioners reached Dieppe, several of their number — the Earls of Rothes and Cassilis, Lord Fleming, and the Bishop of (Jrkney — sickened and died. The death of this learned and pious prelate, on the 6th September 1558, was a distinct loss to the Catholic Church of Scotland. As the same fate overtook three other of his com})anions soon afterwards, " suspicions were entertained that they had been poisoned by the princes of the house of Lorraine ; but beyond their sudden decease there is no evidence to justify this charge." (Grub, Hist, of Chmxh of Scot., vol. ii.) Lord James 264 HISTORICAL NOTES CONCERNING Stewart, the Queen's illegitimate brother, " who had licked of the same bere which despatched the rest, outvvrastled be reason of the strong constitution of his bodie or vigour of his youth." The surviving commissioners having returned, re- ported to the Estates, which met in November, and communicated the request from the Queen that the crown matrimonial might be conferred on her husband. The Queen represented, through the commissioners, that it was only to be " by way of gratification during the marriage, without any manner of prejudice to her Highness' self, the succession of her body, or lawful succession of her blood whatsomever." The Queen- Regent, by much intrigue, and the making of great promises to the Protestants, succeeded in persuading the Estates to make the grant, with the limitation and declaration that it was to last " during the marriage allenarly." Not only did she alienate the minds of the nobles by the substitution of a standing army for the usual national force, composed of the barons and their feudal retainers, but she wounded the feelings of the people on the susceptible subject of religion. Fresh troops were sent into Leith. Persecution of Protestants con- tinued, and many were outlawed, fined, imprisoned, and condemned to death. Meantime, to add fuel to the flames, John Knox arrived in Leith and resumed his Reformation campaign. Queen Mary of England at this juncture died, and Elizabeth ascended the throne. The Queen-Regent, by the aid of her French army, and under the protest of the Congregation, resumed the fortification of Leith, and matters were rapidly aji- proaching an open rupture. Knox was preaching all over the country, and the inhabitants, both rich and LEITH AND ITS ANTIQUITIES 265 poor, were strongly stirred iu favour of tlie Protestant cause. He preached iu Perth, with the result that Lord Ruthven, the provost, and the citizens generally, declared in favour of the Congregation. The neigh- bouring town of Dundee immediately followed, where- upon the Regent vowed to destroy " Sauct Johnstone (Perth) utterlie, man, woman, and childe, to consume it with fire, and efter to salt it, in sign of perpetual deso- lation." Knox was to preach at St. Andrews while "the Queen and her Frenchmen were lying at Falkland, within twelve miles." Notwithstanding the threats of the Regent, Knox preached at St. Andrews, which ancient burgh espoused the Protestant cause, and " the prouest, bailliffs, and the commonalitie of the town for the most part, agreed to remove all monuments of idolatrie, which they did with expedition." On 14th June 1559 the Lords of the Cono;reo-ation mustered their forces to the number of four thousand men on Cupar Moor, in order that they might meet the Queen -Regent and her French troops, who, as already mentioned, were lying at Falkland, but had now advanced to within a mile of the other force. The Regent, however, was not prepared for battle, and pro- posed a truce for six days, which was agreed to. In the meantime arrangements were made between the parties that the French should quit Fife, and afterwards depart from the kingdom, leaving the Protestants free to act as they chose. The French immediately left Fife, but, instead of going " furth of the kingdom," they con- gregated at Leith, and, under the direction of the French engineers, resumed vigorously the work of completing the fortifications there. The Lords met in Edinburgh, and addressed the Regent, stating that "they did greatlie marvel that the 26G HISTORICAL NOTES CONCERNING Regent, provoked with no inimies, did so soone depart from the former couenants, and expelling the ancient inhabitants of Leith, and placing there a colony, she would in that place build a castle to the destruction of the lawes and liberties of the realme, and to the danger of the lives of them all." At this time there "foorthwith alanded at Leith, Octavian, a Frenchman, with foure troops of souldiers with a great masse of monie and other furniture needful for the warres, whome (Octavian), after a few dayes, the Regent sent back againe into France to require of the King that foure other com- panies might be sent over, which might, with those already now in Scotland, supplie the number of twentie ensignes, to which also it were expedient to join one hundred horsemen, which number, she affirmed, would suffice to pacify all the tumults in Scotland, so that foure ships, well appointed, might alwaies lie in the hauen of Leith to watch the port." The first volley of artillery which opened the war was fired at Perth, and the Earl of Argyle and Lord James Stewart seized Stirling Castle, while the French troops of the Regent retreated towards Edinburgh, and entered Leith. They resumed their work of fortifying Leith, and a portion of the troops was despatched to fortify Dunbar. Meantime Henry IL of France died from the stroke of a spear, and the Dauphin Francis, the matrimonial King of Scotland, became King of France. Scotland thus became only the grant of the matrimonial crown, or part of the kingdom of France ; or, more properly speaking, France and Scotland were reigned over for a time by the same king. Urged by the Guisian party, Mary Queen of Scots declared Queen Elizabeth of England to be illegitimate, and she herself laid claim to the English LEITH AND ITS ANTIQUITIES 267 tlirone, actually assuming the royal arms of that country as her own. She paid dearly for this foolish proceeding. The Queen-Regent again resumed hos- tilities, and, learning that a considerable number of the Protestant army had dispersed and returned to their homes, she held a council of war at Dunbar and resolved on action at once. The French troops marched from Dunbar, and "as soon as the lords were advertissed that the men of warre coming from Dunbar drew neere the towne the 25th Julij earley in the morning, at the sound of the commoun bell, they went furth of Edinburgh, with sae money as God had moved there herts to assist them — the whole num- ber of the Congregation exceeded not 1500 men, which small number being put in order east side the Craigen- gate, incontinentlie the horsemen, with my lord duke (Chatelherault) and Monsieur D'Osell, appeared to them on the sands at Leith, north-west from Lestilrig, moving towards Leith." The handful of men, untrained to war, which had been gathered by the Lords of the Congregation could make but a poor show against the disciplined troops of the French army, with Leith fortified behind them, and Dunbar on the left. Terms of truce were again proposed and agreed to : " That the Congregation should depart with all their companies within twenty-four houris, leaving the toune of Edenburgh ; that noe Frenchmen suld lodge within the town ; that the ministers should preach God's word freely without hindrance ; that the inhabitants of Edinburgh should use what religion they pleased ; the said appointment being subscribed on the one hand by my lord duke the Earl of Huntly and Mons. D'Osel, and on the other side by my Lord Argyle, my Lord James, etc. Incontinent the Duke, 268 HISTORICAL NOTES CONCERNING with all that were iu his company, past to Leith, but the Congregation retired from the Craige into the town, where the Lords advising in councell would not suffer John Knox to remain in Edinburgh, albeit he was elected to be their minister." In the month of September 1559 Sir Ralph Sadler arrived at Berwick from Queen Elizabeth, and entered into secret negotiations with the Reformers, paying over to them, for their immediate use, the sum of two thousand pounds, with the promise of further pecuniary assistance, for the purpose of expelling the French from Scotland, so that it could be managed with such secrecy as not to interfere with the public treaties between the two nations. The preparations for war were now diligently pursued by both parties. The Queen had already received a reinforcement of a thousand French troops, who disembarked at Leith in the end of August, and, with their aid, she immediately proceeded to enlarge and complete the fortifications of that port, while she renewed her entreaties to the French Court for further aid. Shortly after, the Bishop of Amiens arrived at Edinl)urgli, as legate from the Pope, and earnestly laboured to reconcile the Reformers to the Church, but any little influence he might possibly have had was destroyed in their eyes by the discovery that he had arrived in company with a second body of French auxiliaries. On 20th October following a proclamation was made at the cross of Edinburgh by order of the Lords of the Congregation, suspending the Queen's authority and commandiuff that none of the lieges should assist or defend her from that day. This practically meant LEITH AND ITS ANTIQUITIES 269 a declaration of war, and was followed up by the Lords marching to Leith with their forces, and preparing to attack the place. Before proceeding to actual hostilities the Lords sent a messenger to the walls, and " bv sound of trumpet summoned the towne of Leyth in forme as foUowith " : — " I require and chairge, in name of our soveraine lord and ladye, and of the counsale presentlie in Edinl)urgh, that all the Scottis and Frenchmen of whatsumever estait and degree thai be, sail dcpairt fra Leyth within the space of twelf houris, and mak the samyn patent to all and sundris our Soveraine Ladjas leiges, for seeing we have na sic patient at either that ane or that vthir, that we thurst the bluide of ouye of the twa — for that ane is our naturalle brother, borne, nurished, and brocht up within the bowells of ane commoun countrie — and with that other oure uatioune has continued long amitie and allya, and hopis that sa shall do sa long as swa thei list to use us, and not suit to mak slavis of friends, which this strengheninge of oure towuis pretendis : and thairfoir maist hartelie that ane and that vthir, to desist frome forti- feing and mauteanyng of this towne [of Leith] in our Soverains and thair said counsallis name, desyres thame to maik the said free within the space of xij houris." The trumpeter's blast " blown against the leaguers at Leith " received no attention, and the Lords accord- ingly marched with a force of 12,000 men to attack the place in form. For this purpose scaling ladders were prepared in the church of St. Giles at Edinburgh, which greatly incensed the ministers and caused them to predict ill-fortune to their friends and protectors. These predictions haunted the besiegers, so that, after marching to Leith with ordnance to attack it, the 270 HISTORICAL NOTES CONCERNING French no sooner sallied out upon them than they fled without resistance. The French secured their artillery, and in the pursuit, without regard to either age or sex, killed all without mercy as far as the sul)ur])S of Edin- burgh. The panic was so great that all fled, and the Edinl)urgh people to a large extent vacated many of the best houses, which the Regent conferred on her French soldiers as a reward for their services, while the proprietors were obliged to conceal themselves for the security of their persons. Calderwood says : " The Castell that day shott a shott at the French, whereby the captain declared himself to be a friend to the Lords and an enemie to the French ; but he suddenly repented his weill doing. The Queen, sitting upon the ramparts of Leith, welcomed her victorious soldiers. One brought a kirtle, another a petticoate, the third a potte or a panne. Of envie, more than womanlie laughter, she asked in French, ' Where bought yee your ware ? I think you have bought it without mone5^' This was her motherlie care she had of the poore subjects." The Queen-Regent, however, paid no further regard to the sentence of deprivation now passed upon her than to publish a protest against it. Leith was still withheld from the Protestants ; and October 31st, for the first time since the commencement of the dispute about religion, some men were killed on both sides. The affairs of the Protestants took an adverse turn ; and, November 6th, the Lords and their adherents found themselves compelled to leave Edinburgh. Some of them went to the west country, and some to Fife ; and no Protestant minister could safely remain in Edinburgh and its neighbourhood. The church of St. Giles, in which Mr. Willock had preached, was cleansed, and. LEITH AKD ITS ANTIQUITIES 271 with much ceremony, again consecrated by a French bishop.^ After the agreement had been made between the Regent and the Lords of the Congregation, the latter immediately withdrew their troops to Linlithgow, and the Regent took possession of Holyrood and the castle. Regarding the position of aflPairs, and the arrangements effected between the parties, Knox remarks : — " We mycht have left the toune, and retreated ourselffiss without any danger, but then we sliould have abandouned our bretherin in Edinburoh and suffered the ministrie thairof to be decayed ; which to our hearts was so dolorous, that we thocht better to hazard the extremitie than so to do ; for than the maist parte of the toune appeared rather to favor us than the Queenis factioun, and did offer unto us the uttermost of thair support, which for the most pairte they did faithfuUie keip. The same did the towne of Leith, but they keipit nocht the lyke fidelitie ; for when we war upone the field, marching forward to thair support (for the French marched ney to thame), thai rendered themselves without resistance ; and this they did as was supposed, by the tressoune of some within thameselffis, and by the persuasion of the Laird of Restalrig, who of befoir declared himself to have bein one of us, and notwithstanding that day randered himselff undesyred to JVIr. D'Osell. Thair unprovided and suddune defection astonished many, and yett we retired quyetly to the side of the Craigin- gate, which place we took for resisting the enemie." In the month of August " four ensignes of Frenche " arrived at Leith. " According to Knox and Buchanan, the articles of capitulation were broken by Mary, who ^ Scott's History of the Eeformers, p. 77. 272 HISTORICAL NOTES CONCERNING declared that ' no faith was to be kept with heretics, and that princes were not to be too strictly bound by their promises.' How far these statements are to be relied on is very doubtful." (Grub, Hist, of Clmrch of Scot., vol. ii.) But the Earl of Arran, his father, the Duke of Chatelherault, the late Eegent, the Earl of Argyle, and Lord James Stewart, alleging that the Queen-Regent had broken her promises, openly joined her opponents. A conference took place with Lord James Stewart, Argyle, and Glencairnc, " at the Querrel Holes (Quarry Holes in the Easter Road) be- twixt Leyth and Edinburgh." It was arranged " that if the queene breake to us ony one joyt of the appoint- ment than made that thai suld declare thaemeselfis plane enemies unto hir and friendis to us." In September " the Lords and principal of the CoDsrcfration met at Hamilton, and afterwards at Sterling, where they were advised the second day after their meeting that the Queen had continued to fortify Leith." They accordingly sent her the fol- lowing letter: — "At Hamilton, 29th September 1559. Madam, — We are credibly informed that your army of Frenchmen should instantly begin to plant in Leith, and to fortify the same, of a mind to expel the ancient inhabitants thereof, our brethren of the Congregation, whereof we marvel not a little that your Majesty should so manifestly break the appointment made at Leith, without any provocation given by us and our brethren, and seeing the same is done without any manner of consent of the nobility and council of the realm, we esteem the same not only oppressive of our poor brethren and indwellers of the said town, but also very prejudicial to the commonwealth, and plain contrary to our ancient laws and liberties. We there- LEITH AND ITS ANTIQUITIES 273 fore desire your Majesty to cause the same work enter- prised to be staid, and not to attempt so rashly and so manifestly against your Majesty's promise to the commonwealth, the ancient laws and liberties thereof (which things, beside the glory of God, are most dear and tender to us, and only our pretence), otherwise, assuring your Majesty we will complain to the whole nobility and commonality of this realm, and most earnestly seek for redress thereof And thus recom- mending our humble service unto your Highness, whom we commit to the eternal protection of God, expecting earnestly your answer. — At Hamilton, the day and year aforesaid, by your Majesty's humble and ol^edient servitors, etc., Chateleherault, Glencairne, Arran, Menteith, Euthven, Uchaltree, Boyd." The "appointment" made at Leith here referred to — which is partially quoted before — was that the Frenchmen should not lodge in the town, and that the people were to be entitled to observe what religion they pleased. In violation of this, however, the Queen ordered the minister's chair in South Leith Church to be broken, and the Catholic worship to be again revived there. Meantime, also, the French were allowed to remain in the town ; and not only that, but " the fortifying of Leith increased dayly by continual labour, whereof appearantlie the Congregation tooke no held, for they supposed no force could resist them, seeing they had gotten the lord duke on their side, and divers others." The Queen replied to the protest of the Lords of the Congregation after a very pawky fashion, in which, referring to their complaint as to her fortifying Leith, she says, " And like as a small bird being pursued, will provide some nest, so her Majesty could do no less, VOL. I. — 18 274 HISTORICAL NOTES CONCERNING in case of pursuit, Init provide some sure retreat for herself and her company ; and to that effect chose the town of Leith, a place convenient therefor, because it was her dearest daughter's property, and no other person could claim title or interest therein, and also because in former times it had been fortified." She concluded by urging the Lords to submit to her leni- ency and forbearance. The Lords, however, were not so disposed, and conveyed to her Majesty their opinion of her French friends in Leith, of whom they said " that no honest man durst commit themselves to the mercy of such throat-cuttei's." The Lords assembled in Edinburgh, and the Queen returned to Leith "accom- panied with the bischojjpis of St. Andrews and Glas- gow, the Lord Seton, the abbot of Dumfermling, with three thousand souldiers, whereof there wes about five hundred Scottismen, the rest Frenchmen." Approaches were again made to the Regent to confirm the former arrangements and implement them by sending the French " fra oute the kingdom," but without effect. Her last Scotch friend, Maitland of Lethington, thereupon left her in Leith and joined the Congregation in Edinburgh. " In the meantyme she herself desyred that, for the respect and reverence they had to her own persona, they would retire from Leith. The next day she sent to them demanding them to depart from Edinburgh. The same day there was assembled at the Craigingate a great number of people ; they begune to schute forth of the west blokhouse, which putt a fray amongst the people, when they retired from the craggs there. It was reported that the queene, being upon the said blokhouse, caused the cannons to be schott which was the first beginning of bloodshed betwixt the Congregation and the French- LEITH AND ITS ANTIQUITIES 275 men ; notwithstanding they were often assembled before, and were near matching as at Sanct Johnston, Cooper Moore, and upon the said craggs." Being fairly beaten l)y the French, the Protestant party now applied to England for assistance. Knox shrewdly saw and wrote that " if the English would foresee their own commoditie — yea, if they would con- sider the danger in which they stand — they would not sufter us to perish in the struggle, for France hath decreed no less the subjugation of England than of Scotland." The English recognised this, and a con- tract of alliance and defiance was entered into between England and Scotland, the same being subscribed " at the camp foranent Leyth, the last of May, the year of Grod, 1559, by the Duke of Chatelheralt and others." For the Duke's part in this, the Eegent despatched M. D'Osell with a select body of soldiers, who marched from Leith to Linlithgow, and destroyed the Duke's residence at Kinneil, and crossed the Firth, ravaging Fife Avith fire and sword. Further, troops were con- veyed by Captain CuUen across the Firth from Leith to Pettycur (Petit Corps) ; these joined the main body, and roamed through Fife, destroying life and property on all hands. On 24th January 1560 the French reached Kin- craig, near Largo, where they saw sailing up the Forth six warships, which they saluted under the impression that they were reinforcements from France. Their joy was speedily turned to grief when they discerned the red cross of St. George gaily flying from the masts of the ships, and telling them it was the English fleet. Queen Elizabeth had despatched these six ships of war under Admiral Winter with assistance to the Lords of the Congregation, in terms of the treaty of 276 HISTORICAL NOTES CONCERNING alliance. The French were alarmed ; and as they could not in face of the fleet cross the Forth, they broke up into two bodies, and endeavoured to make their way back by Dunfermline and Stirling. They were pursued by Kirkcaldy of Grange, who had been hanging on their flanks, harassing them all through Fife. He destroyed the bridge at Tullibody, and prevented their crossing. " So the Frenchmen were constrained to stay all that night in the snow on Fothrig Muir without either meat or drink, and many of them were killed before they got the bridge repaired." Only a remnant of the large French army arrived at Leith, much dejected in spirits by their misfortune. Captain Cullen with his vessels and artillery were also captured by the English. LEITH AND ITS AXTIQUITIES 277 CHAPTER XXIII THE SIEGE OF LEITH Following on the treaty made between England and Scotland, the Queen of England despatched an army of from 6000 to 8000 men, under the command of Lord Gray of Wilton. This army, under the protection of the fleet in the Firth of Forth, under Admiral Winter, marched from Berwick and "came to the Linkes beside the towne of Leith, on Saturday the 6th April. Before they pitchit doune their field on the said Linkes, Monsieur Martig;ues, coronell of the French armie, issued foorth of Leith with nine hundred harquebussiers of Frenchmen to a little knoll called the Halke-Hill, when a sore, continual, and hot skirmish betwixt the Englishmen and Frenchmen, with hagbuts, caleeners, and pistolets, which skirmish con- tinued five or six hours, in which there were manie slain on both parties, and diverse hurt. At length Martigues was forced with his companie to retire back to the toune of Leith, and the Englishmen pitched downe their campe and planted their ordinance beside the said hill." Lord Gray offered terms, and sent Sir George Howard and Sir James Croft to the castle of Edinburgh, " desiring the Queen to procure the French- men to depart the realme of Scotland, whereupon the Queen took time to be advised till the next day, that 278 HISTORICAL NOTES CONCERNIXG she miglit consult with the piincipall personages within the touu of Leitli." " The Englismeu," says Hollinshed, " cast trenches vpon the south-east side of the towne, and raised a little mount, which they called Mount Pellham (Lady Fyfe's Brae), after the captaine's name, and placed their ordi- nance aloft thereon ; but bcause it was so fare from the towne they did not so much scath thereto as was intended. The Lord Greie, lieutenant of the English army, lodged during this seige within the town of Lestalrike, in the dean's house, and the most part of their demi-lances and other horsemen laie in the same towne. The footmen, with their captenis, lodged in halls, huts, and pavillions upon the south ai^d south- east side of the towne of Leith, and divers Scottish lords encamped with them in the fields, as Argyle, Morton, Arran, Glencarne, Boyd, Ochiltree, the Prior of St. Andrews (Lord James Stuart), etc. The Duke of Chatelherault, and divers with him, remained at Holie-rood house. . . . On Easter evenin, Captaine Wood and Captaine Dethwicke, serving on the sea under Master Winter, the English admiral there, cap- tured Blackness and certain French that were stationed there, and Captaine Wood, being landed, went to the camp at Leith by land. On black Mondaye, the French- men, issuing from Leith, set upon the Englishmen in their trenches and did much harm. Meanwhile, the Englishmen lodwiug on the south side of the towne, beside Mount Pellam, battered with their great artil- lerie at the parish church of Leith, and at St. Anthonies steple, on which the Frenchmen had laid certain pieces of artillerie, and at length broke it doune, but perceiving that that could not do any great hurt to the walls on that side, they cut new trenches LEITH AND ITS ANTIQUITIES 279 on the south and south-east side of the towne, and raised a mount there, naming it Mount Sommerset (Giant's Brae), and phaced thereon certain pieces in batterie, and so beat the walls that a great part was overthrown and a breach made." The walls being chiefly composed of earth, the play of artillery had little effect thereon. St. Anthony's steeple was, how- ever, knocked down, and some part of the east end of the parish kirk of South Leith was shot away. After a breach had been made in the walls it was thought that the town might be taken, and an assault was accordingly resolved on, and the necessary preparations therefor commenced. Knox says: " Preparation of scailles and ledderis was made for the assault, which was concluded by common consent of the nobilitie and baronies. The scailles were appointed to be made in Sanct Gelis churche, so that preaching was neglected, which did not a little grieve the preacheris and many godlie with them; the preacheris spared not openlie to say that they feared the successe of that enterprise should not be prosperous, because the beginning ap- peared to bring with it some contempt of God and of his word. Other places, said thai, had been more apt for such preparations than where the people convenit to commoun prayeris and unto preaching. In verray deid, the audience was wonderfully trubbled all that tyme, whiche (and other mysordour espyed amanges us) gave occasione to the preacheris to effirme that God could notte suffer such contempt of his worde and abuses of his grace long to be unpunished." The preparations, however, proceeded, and the work of making scaling ladders in St. Giles' Church was completed, notwithstanding the denunciations of the preachers. Meantime the siege continued; and 280 HISTORICAL NOTES CONX'ERNING the English, finding that their cannonade from the Links was not so effective as they desired, extended their operations to the other side of the Water of Leith. They threw up a mound on the site of the present Bowling Green Street, al)out 240 feet south-east of the stone bridge at Leith Mills, and named it Mount Falcon. Another reason, probably, for commencing operations at this side of the town was that the besiegers might have the protection and co-operation of the fleet under Admiral Winter, which was lying in Leith Roads. The admiral sent several of his ships close to the pier on the night of the 17th of May, and opened a destructive fire on the fort and garrison, by which many of the inhabitants as well as soldiers were killed. This was merely a temporary advantage, for the ships had to retire with the light of day, when the forts could have opened on them. The siege had now lasted for nearly a month, without any advantage beyond the destruction of life and the reduction of the besieged garrison to such extremity for want of pro- visions that they were compelled to eat their own horses. The garrison endured its privations with the greatest cheerfulness, and continued to feed upon their dead horses with a persistence which showed that they were determined to hold out as long as a horse or a bit of one was left, their officers displaying a conven- tional savoir-faire in the science of gastronomy similar to the maitre tie cuisine to the Mareschall Strozzi, who, during the blockade, maintained his master's table with twelve covers every day, although he had nothing better to place on it than the quarter of a carrion horse, now and then, and the grass and weeds that grew on the ramparts. The Town Council of Edinburgh, on the occasion LEITH AND ITS ANTIQUITIES 281 of this siege, contributed £1600 Scots as a month's pay for 400 men to assist in the seizure of Leith — a sum equal to 2id. each per day, which might have given these brave warriors, had they been the besieged instead of the besiegers, a share of the carrion horse, with vegetables in the shape of grass and weeds. The besiegers now became heartily tired of this pro- tracted siege, and the privations and hardships attendant upon an exposed and unaccustomed mode of life, and they clamoured for more active measures to brine it to a termination. The result was that a general assault was resolved upon, and the English forces were drawn up in order of battle. Sir James Crofts was appointed with a force to assail the town on the north side, at the place now called the Sand Port, where, at low water (as it was at the time of the attack), there was an easy entrance into the town. Sir James was charged, however, with keeping aloof with his men and remaining inactive during the assault. The following was the order issued for the assault : — "Orders for Thassalt. May 4, 1560. Vppon Saturdaye in the mornying at thre of the clock, God willinge, we shall be in a redynes to give the assalte in order as followithe, if other ympedyment than we knowe not yet of hyndre us not. "For the first Asscdt, — Captain Rede, iij°. Captain Markham, ", Taxley, Suttone, Fairfax, Malcorye, the Provost-Marshall, Captein Astone, Conwey, Drurye, Barkley, and band, Fitzwilliams — each " [200] of the Scots v'^ [500] ; Harquebersiers borrowed i*" xx [120] summa iij" xx [3020] — showing the small proportion of Scotch. " For the second Assalt, — Captain Wade, Deckare, 282 HISTORICAL NOTES CONCERNING Cornelle, Shirley, Littleton, Soutliwourtlie, Biil)tliorpe, Heskett, Viewport, Stanley, Lowe, Pringle, Cunstable, Mannering— Summa, """ " xl [2240J. " Tokepc the Field, — Captain Somerset, "^Capteine Cliftone, '"'■, Gaurde, "'■", Dennye, ""% Capclle, "% Peter Leghe, '•^ Richard Leghe [Sir Richard], '\ Butt- ler, <=^ Gifforde, '^ Vernane, '="'— Summa, """ iiij'=. " Item, it is ordered that the vycc-admyrallc of tlie Quene's Majestys schippes shall, when a token is given, send v° [500] men out of the navye into the haven of Leythe to give an assalte on the syde of the toune at the same instant wlien thassalt shal be gevin on the breche. " It is further ordered that Captyne Vaughan shall, at the tyme of the assalt of the breache, attempt an assault into the syde of the toune that lyethe next to the foot of Mount Pelham ; and the Scottis are ordered, with such number as they cann make, to attempt an assalt uppon the west part of the toune towards the sea-syde." {Talbot Papers, vol. E, p. 97.) Although this order is dated 4th May, it was not carried into execution till the 7th. The following is Lindsay of Pitscottie's account of the whole matter : — " The Lords of the Congregation and gentlemen of Fife met at Cowpar, and concluded to pass and meet the English army at Haddington. They sent forth proclamations that all men should be at Leith, the thirtieth of March, with thirty days' victuals, under tlie pains to be reputed partakers with the French, and enemies to the common weal. The 28th of March, the Lords and gentlemen by-north the Forth, having cast down the Abbey of Dumfermling [with them the Earl of Huntly, mark !] came to Stirling, but could not enter into it because of the Frenchmen, and therefore LEITH AND ITS ANTIQUITIES 283 turned back to Castle Campbell ; but the next day the Frenchmen departed for Leith, in the which journey- three score of them were slain. . . . The Lords, hearing of their departure, came to Sterling, and from thence to Linlithgow, where, having met with the rest of the Congregation, on the 1st of April, they past to meet the English army at Haddington and Aberlady, being about 8000 strong. The same day the Queen-Regent past to the Castle of Edinburgh. . . . Upon the 6th of April the Englishmen skirmished with the French- men at Restalrig, and repulsed them back to the town of Leith with great slaughter. There came also of Englishmen, at sundry times, with my lord Gray and my lord Talbot, the number of 12,000 men, besides those that were in the ships, which were thirty sail. . . . Upon the 13th day, Leith was enclosed about with the siege, that no man might pass in or out, and the assault was made with twelve cannon and twenty small pieces. Upon the 15th day the Frenchmen issued forth to the trenches, where the English white cloaks slew one hundred of them. Upon the 20th day, the principal blockhouse of Leith, called St. Anthony's kirk, was battered down, and also the high kirk, where the vivers lay, and many houses on the east side of the town. Upon the 28th day, the English, giving the alarm, assaulted Leith, and killed four score French- men. Upon the 30th day, they burnt the Mill of Leith, and brought away the goods which were within the fort. Upon the 3rd day of May, the Englishmen and Congregation entrenched beside Bonytoun [Bon- ningtonj beyond the Water of Leith, and condemned the blockhouse beside the Mill of Leith, and also the bridge. Upon the 8 th May, the English and Scots assaulted Leith in the night, but the ladders were too 284 HISTORICAL NOTES CONCERNING short, so that they were repulsed with slaughter ; therefore the Englishmen sent to Berwick for more men and longer ladders, which came to the camp the 13th May, the men being about 500. Ui)on the 21st day, the English ships encountering with ten French ships sent to the supply of Leith, took four of them and forced the rest to return home. Upon the 25th day, the French again issued from Leith, but they were repulsed into the town, twenty-four of their men being killed. Upon the 28th May, a Parliament was pro- claimed till the 10th July thereafter. Upon 10th of June 1560, the Queen-Regent departed this life in the castle of Edinburgh, being overtaken with extreme melancholy, that the nobility had risen up against her. There had been divers treaties of peace by means of the French and English ambassadors ; but the French refused to give over the town unless they got leave peaceably to transport bag and baggage, to which the Congregation would not assent. Then there came to the camp 300 men from England. The 28th of June, the French issuing out of Leith, their colonel and many men were slain, and the rest repulsed. To revenge this repulse, on the 6th July they issued forth again ; the English and Scotts, who were in their trenches, perceiving them, rushed betwixt them and the town, and slew eleven score ; the town escaped narrowly untaken. Upon 6th July, the peace betwixt Scotts, English, and French was at length concluded and proclaimed ; and upon the 13th the French shipped and departed home, leaving the town void." There is no doubt that the besiegers, after many desperate and fruitless efforts, were driven back with great slaughter. Sir James Crofts was blamed, as already stated, and openly accused of treachery on the LEITH AND ITS ANTIQUITIES 285 ground that he had been seen in conversation with the Queen-Regent under the walls of Edinburgh Castle. The scaling ladders were found to be too short, and not sufficient for their purpose, while the English fleet did not come to give the assistance expected. Last, but not least, according to some of the historians of the time, the French during their stay in the garrison had displayed their usual gallantry to a goodly number of ladies, and entertained them royally in their quarters. In return for this these Amazons assisted in the defence, mounted the ramparts, remaining there during the whole time of the assault, actively engaged in loading the soldiers' muskets, pelting the besiegers with any and every missile they could procure, and that most vigorously whenever the English turned their backs. John Knox, who, it is evident, did not relish the idea of a regiment of women, thus describes the method of defence adopted by a portion of the defenders : — " The Frenchmen's harlots, of whom the maist pairt were Scotch strumpets, did no less cruelties than did the soldiers, for besides that they charged their pieces, and ministrate unto thame uther weapons, some continually cast stones, some carried chimneys of burning fyre, some brocht timber and uther impediments of weight, quhilk with great violence they threw over the wall upon our men, but especially when they began to turn their backs." During the time of the first assault, it is stated that the Queen-Regent sat upon the walls of Edinburgh Castle watching the progress and the varying vicissi- tudes of the fight. When she saw the English defeated, and the French ensigns again displayed on the walls, it is said she indulged in a loud laugh, and exclaimed, "Now I will go to Mass, and praise God for that which 286 HISTORICAL NOTES CONCERNING mine eyes have seen." She thereupon proceeded to the chapel of the castle, where a Dominican friar, named Black, had prepared himself to say ]\Iass. Calderwood is not very complimentary either to her Majesty or his Reverence. According to him (though he is not always a reliable historian), the character of this friar was such as would disqualify him from the sacred office he had specially been appointed to by the Queen-Regent. Her conduct in another particular was certainly not worthy of commendation. The French, exceedingly elated at their victory, as soon as the besiegers retired, issued forth and stripped the bodies of the slain naked, and ranged the nude corpses along the front of the ramparts, as also on St. Anthony's blockhouse. This brutal spectacle gave so much joy to the Queen-Regent that she, as it is related, "hopped with mirth," and exclaimed, "Yonder is the fairest tapestrie that ever 1 saw." As we have seen from the record of Pitscottie, however, the joy of the besieged was of short duration. Fresh troops arrived to aid the Congregation and their English allies. The French, hemmed in by the fleet on sea and by the large body of troops on land, then became demoralised and exhausted ; provisions failed ; and although their defence was certainly gallant, human endurance has its limits, and terms for peace, as we have seen, were proposed and arranged. Mary of Lorraine took ill in the castle of Edinburgh, and simultaneously a part of the town of Leith was ravaged by fire. " My Lord Areskine " consoled her with the observation : " IMadame, I can see no more ; but seeing that man cannot expel unjust possessors furth of this land, God Himself will do it, for this fire was not kindled by man, whereat the Queene was LEITH AND ITS ANTIQUITIES 287 not a little oflfendecl." (Knox, ii. p. 71.) Her illness continued and increased with the drooping fortunes of her foreign allies. She wrote a letter to M. D'Osell at Leith, "requiring some drugs," which, however, was intercepted and handed to Lord Gray. His Lordship, with characteristic Scotch shrewdness, " holding the paper to the fire, perceived that howbeit there were some few lines written above, yett in the blanke there appeared some writ which he concealed to himself; he burnt the bill and said to the messenger, ' Albeit I have been her secretary, yet tell her I sail keep her counsel ; but say to her such wares will not sell till a new mercat ; drugs might be easier had at Edinburgh than Leith.' " " Schort thairefter," says Knox, " she fynischeit her unhappy life — unhappy, we say to Scotland, fra the fyrst day sche euterit into it unto the day she departed this lyfe, quhilk was the nynt of June [lOth], the yeir of God, j" v*^, threescore zeiris." Sieur Randan and Mgr. Monluc, bishop of Valence, were in England arranging terms of peace, while Queen Elizabeth had appointed Sir AVilliam Cecil and Nicholas Wotton, dean of Canter- bury and York, to proceed to Scotland finally to adjust these. HoUinshed says — " While they were yet upon their journey, the Queen-Eegeut, consumed partlie through melancholic thought and grievous displeasure, departed this life in the castle of Edinburgh, the tenth of June, in the year of our Lord 1560." 288 HISTORICAL NOTES CONCERNING CHAPTER XXIV DEPARTURE OF THE FRENCH FROM LEITH, AND " DOUNCASTING " OF THE WALLS Within a very short time after the death of the Regent, Cecil, the able Minister of Queen Eliza- beth, repaired to Edinburgh, accompanied by Sir Nicholas AVotton. Here they were met by the Bishops of Valence and Amiens, and other French commis- sioners, and a treaty was formally concluded and signed, by which, through the diplomatic skill of Cecil, the objects aimed at by Queen Elizabeth, as well as the real interests of the Congregation, were completely secured, notwithstanding the feeble remonstrances of the French commissioners. On 6th July articles of peace were arranged and signed at Edinburgh, whereby inter alia it was arranged " that all the Frenchmen should departe foortli of the realme of Scotland by sea to France, and to that effect should embarke, and make saile within the space of twentie days next following; and because the French- men had no ships, the Englishmen should lend them ships, and certaine of the French remaine as pledges in England till the same ships were returned. 2nd Item — That they should render the toune of Leith, and the Frenchmen to have their munition, bag and Ijaggage, to conveie away with them at pleasure, and that the LEITH AND ITS ANTIQUITIES 289 wals of the toun be throim doune and demolished. . . . Item 4th — That the Englishmen should raise their siege and depart foorth of Scotland, after the departure thence of the French and rasing of the walls of Leith." On the 19th of July, the third day after the embarkation of the French troops at Leith, and the departure of the English forces on their march home- ward, a solemn public thanksgiving was held by the Reforming nobles and the great body of the Congrega- tion in St. Giles' Church, and thereafter the preachers were appointed to some of the chief burghs of the kingdom, Knox being confirmed in the chief charge at Edinburgh. The treaty was ratified by Queen Elizabeth on 20th September 1560; but Knox says: " Oure soveraiue (whether because her awin craftie nature thairto moved her, or that her uncle's cheifi" counsalouris sa wald, we know not) with money delatouries frustrat the expecta- tion of the Queen of England." Before, however, the treaty was ratified, the Common Council of the kingdom issued an order to the Council of Edinburgh command- ing them to destroy the fortifications of the to-5\Ti. The order is couched in these terms: — "Forsameikle as it is notourlie knawyn how hurtful the fortifications of Leith has been to the haill realme, and in speciall to the towne nixt adjacent thairunto, and how prejudiciall the samen sail be to the libertie of the haill countrie in caiss strangearis sail at ony tyme hereafter intruse thameselfs thairin : for this and sic like considerations the Counsall has thocht expedient, and chairgis the provest, baillies, and counsal of Edinburgh to tak order with the town and comonitie of the samen, and causs and compell thame to appoint ane sufficient nomar (number) to cast down and demolish the south pairt of the said VOL. I. — 19 290 HISTORICAL NOTES CONCERNING town, begynand at Sanct Antliones, and passing westward to the Water of Leitli, making the blockhouse and curtain equal with the ground. And tliat they enter to the said wark upon Wednesday iiixt be fyve hours in the morning, and to continue and perseweir in the samen to the accomplishment of the said douncast- ing, conform to the charge above written. Apud Edinl)urgh, the 2nd July 1560." On 23rd July, accordingly, " the provest, baillies, and counsall, and dckyunis of craftis namit, constitute and chesit thre persons under-specifit, that is to say, three persons for each of the north-west, north-east, south-west, and south-east quarters, to taed the hale nychtbouris of this burgh efter their conscience and knowledge to sa mony men as thai may gudlie perfurmis efter their landis, gudis, and sulistance, for douncasting and demolesynng of walls and fortres of Leythe, begynning at the Sanct Anthonis Port and passing westward to the AVatter of Leythe, for making of the blockhouse and custemes equal to the ground, and to enter thairto the morn be houris conform to the chairgis gevin to the saiddis provest, baillies, and counsall be the Counsall of Scotland, and subscrivit be thair handis quharof the terms is as aforesaid." The work of " douncasting" does not seem to have proceeded so rapidly as was desired, so, on 21st August 1560, " The baillies and council fyndis for the mair hastie expeditioun in the douncasting of the wallis and filling of the trenches at Leyth, that everye bailie sail charge and tak with him three or foure honest men of his quarter, sic as sail please him to name, to bear him companye and be oursearis and raaisteris of wark to the warkmen at tlie said trinches, and to remane with him and at the said warks fra morn to evin the day that LEITH AND ITS ANTIQUITIES 291 fullis to his quai-ter, and the said personis warnyt, task and labour as said is, to be dischargit for the day of thair laubouris of ane man expenssis, and gyf ony of thame being requyrit as said is compens nocht to be poyndit for the unLaw of xviijs. without favouris for thair dissobedience, and this order to be observit quhil the said wark at Leyth be compleitlie eudit." The work proceeded vigorously, and, on 20th December 1560, "The said provest, baillies, and counsall ordaiuis James Lourie, thesaurer, beino- personallie present to enter on Monunday nyxt evin xx pyoneris to the douneasting of the dyk and fous biggit be the Frenchmen betwix thair bulwark of Leith and . . . hous foranent the northe pairt of the kiugis wark upon thair freedom, and to continue the samyn quhill the saumyn be cassin down." In terms of the peace that had been proclaimed, the largest portion of the French army was trans- ported to France in English vessels. Previous to their embarkation the French soldiers plundered the town unmolested, carrying with them such spoil as they thought fit. On 16th July 1560 the English army began its march homewards, "the most part of the noblemen, professors of the true religion, convoyed them honourably." Thus terminated the siege of Leith — an event not merely of local importance, but of real national and international interest and consequence. Sir James Sandilands (Lord St. John) was then despatched to France to secure the ratification of the treaties that followed on the withdrawal of the French, regarding which Queen Elizabeth w^as also consulted. "He is rebuked sharply that he being a knight of the Holy Order of the Temple should have taken upon him ane message or instructions from rebels for 292 HISTORICAL NOTES CONCERNING that execrable religion condemned in the Council of Trent by all other Christian nations." Still, he had interviews both with the young Queen Mary and Cardinal Lorraine, and personally seems to have been well treated. " Many wondered that the Scots, not sufticientlie provided of munition or armour, durst provoke so mighty a king." Sir James Sandi- lands was eventually dismissed from the Court. Shortly afterwards Francis II. died, and, as Calderwood says, "the faithful in France were delivered from a present death, professours in Scotland were restored again to the libertie of a free realme." LEITH AND ITS ANTIQUITIES 293 CHAPTER XXV ANTIQUITIES OF LEITH The earliest date that has been discovered on any of the old private buildings of the burgh occurs on the projecting turnpike of an antique tenement at the foot of Burgess Close, which bears this inscription on the lintel in Roman cliarncters — "Nist ■ Dn.'^ • Frvstra • 1573." Burgess Close is the earliest thoroughfare in Leith which we find mentioned, being granted to the bur- gesses of Edinburgh towards the close of the fourteenth century by Logan of Restalrig as a means of access to the shore. But the straitened proportions of this narrow alley, as it was then, and through which the whole exports and imports of the shipping of Leith were conveyed, soon proved so inconvenient that the 294 HISTORICAL NOTES CONCERNING laird of Restalrig was compelled to grant a more commodious access. " The inscription," says Wilson, " which now graces this venerable thoroughfare, though of a date so much later than its first construction, preserves a memorial of its gift to the civic ;ouncil of Edinburgh, as we may reasonably ascribe to the veneration of some wealthy merchant of the capital the inscribing over the door- way of his mansion at Leith the very appropriati' motto of the city arms. To this, the oldest (quarter of the town indeed, we must direct those who go in search of the picturesque." But the old Burgess Close has been swept away, and a much wider thoroughfare now occupies its place. Waters' Close, which adjoins Burgess Close, is scarcely surpassed by any venerable alley of the capital, either in its picturesque or repul- sive features. Stone and timber lands are mixed together in admired disorder ; and one antique tene- ment in particulai', at the corner of Water Lane, with a projecting turnpike, contorted by corbels and string courses, "and every variety of convenient al)erration from the perpendicular or horizontal which the taste or whim of its constructor could devise, is one of the most singular edifices that the artist could select as a subject for his pencil." The Tolbooth Wynd is probably the second oldest thoroughfare in Leith, and was that which superseded Burgess Close as the approach to the shore. Midway down this street stood the Old Tolbooth, erected in 1565, in the reign of Queen Mary. It appears that the Magistrates " for a long time denied the Leithers even the luxury of possessing a jail of their own " ; but the latter having enlisted the sympathies of Queen Mary, she wrote several letters on the subject to the Town LEITH AXD ITS ANTIQUITIES 295 Council — without eflfect, however. At last, in 1563, she wrote in peremptory terms : — " ^\^lerefore we charge you that ye permit oure said toun of Leith, to big and edifie our said hous of justice, within our said toun of Leith, and make no stop or impediment to them to do the samyn, for it is our will that the samyn be biggit, and that ye desist from further molesting of 296 HISTORICAL NOTES CONCERXIXG them ill time coming, as ye will answer to us there- upon." This had the desired effect, and the building was proceeded with. The edifice was a good specimen of its class, and served its purpose for two hundred and fifty years. On the upper part of the fiiyade was placed, in recognition probably of her services, the arms of Queen Mary, Ijearing the inscription and date in large Roman characters— " M. R. IN DEFENCE. 1565." " Soon after the demolition of the Heart of Mid- Lothian," says Wilson, " the doom of the ancient Tol- booth of Leith was pronounced, and plans procured for a new court-house and prison. Great exertions were then used by several zealous antiquaries, and particularly by Sir Walter Scott and Charles Kirkpatrick Sharpe, Esq., to induce the Magistrates of Edinburgh, under whose authority the work proceeded, to preserve the picturesque and venerable fajade, while the remainder of the building could be demolished and rebuilt according to the proposed plan. The proposition was treated with the usual good taste of our civic reformers. A deputation who waited on my Lord Provost to urge their petition were cavalierly dismissed with the un- answerable argument that the expense of new designs had already been incurred, and so the singular old house of justice of Queen Mary was replaced by the commonplace erection that now occupies its site." This nondescript building, totally unfit for its purpose, was afterwards converted into shops and ofiices. Of the earlier fortifications of Leith scarcely a fragment now remains, although they were of a much more substantial nature than either of the walls which defended the neiglibouriiig capital. The capabilities of KEY TO THE PLAN. SOUTH LEITH. A Flaghouse. B Signal Tower. C King's Wark. D Weigh-house or Tron. E Little London. F Early Episcopal Chapel, Chapel Lane. G. Birthplace of John Home. H ( )Id Bank. I Wind Mill. J Residence of Maria de Lorraine, 1555. K Early Episcopal Chapel, Queen Street. L Paunch Market, Piazzas, Bourse of Mary of Lorraine. Queen Street. M Water Reservoir. N Signal Tower, Tolbooth Wynd. O Old Babylon. P Old Tolljooth. Q Old Customhouse. R Lord Balmerino's House. S Robert Douglas' Barracks. T Council Chamber of Lennox, Mar, and Mnrtou. 1.t71. U.U.U Secession Churches. V Meeting-house of Wishart, 1688-94. W Trinity House. X St. Anthony's Preceptory, 1435. Y King James VI. Hospital, Grammar School. Z St. Anthony's Blockhovise. 1559. NORTH LEITH. A Gateway to General Monk's Citadel. B St. Nicholas' Church and Burying Ground. O. Houses said to have been Barracks. D. House known as "Cromwell's House." E. St. Ninians' Chapel. F. Robert Ballantyne's Bridge, 1493. G. Wooden Bridge. H. Mound, foot of Johnstone Street. i^h^ S\V LEITH AND ITS ANTIQUITIES 297 Leith as a stronghold that could command a ready intercourse with friendly allies, even when assailed by a hostile army, were first perceived by Sieur D'Esse, the French general, who arrived in the Firth of Forth in the summer of 1548, bringing powerful reinforce- ments to the aid of the Queen-Eegent against the English invaders. Under the direction of the French general the port of Leith was speedily enclosed -wdthin formidable ramparts, constructed according to the most approved principles of military science then known on the Continent, as was proved by its successful defence during the siege of 1560, when the ramparts, reared to repel an invading army, came, under the strange vicissi- tudes of civil war, to be maintained by foreign arms against the whole native force, mustered, with more alacrity than skill, by the Lords of the Congregation. A large and strong bastion, which bore the name of Eamsay's Fort, was constructed immediately to the north of the King's Work, at the foot of Bernard Street, for the defence of the harbour; from thence the ramparts extended in a south-easterly direction to the site now occupied by the Exchange Buildings, where the remains of the second bastion existed about a hundred years since. These consisted of a narrow mound of earth of considerable height, which stood on the out- skirts of the open common or links of Leith, from the top of which a beautiful and extensive view was com- manded on every side. There was an ascent to these remains of the ancient bastion by means of a flight of stone stairs, and, from the promenade lieing long a favourite resort on account of the view that it afforded, it was generally known by the name of the " Lady's "Walk." From this point the walls extended nearly in a line with Constitution Street, diverging on either side 298 HISTORICAL NOTES CONCERNING towards the central bastion of the east wall, which pro- jected considerably beyond the others, and crossing the line of street obliquely towards the south-west corner of St. Mary's Churchyard. The chief gate of the town was St. Anthony's port, where the walls intersected the Kirkgate, and beyond this point no vestige of them has remained since the middle of the sixteenth century, although they extended thence to the river, and were continued on the opposite side, so as to enclose the more modern suburb that formed the nucleus of North Leith. No sooner was the treaty concluded, which put an end to the siege of Leith, in 1560, than the fortifica- tions that had been reared with so much labour and skill were ordered to be razed to the ground, the Council of the kingdom and the Magistrates of Edin- l)urgh being too keenly impressed with a sense of their mischievous effects in the hands of an enemy, to appreciate the value of a stronghold as one of the keys of the kingdom, which had baffled the united forces of England and Scotland to compel its sur- render. The order issued by the Common Council of Scotland related only to the demolition of the part of the wall on the south or west side of the town, although the Town Council appointed parties to each of the four quarters. Accordingly, only the wall and fortifications fronting; Edinburoh and the blockhouse of St. Anthony were destroyed. The wall and fortifications on the east and south remained entire for many years, and were indeed strengthened and rebuilt by the Regent Morton. They were again i-ebuilt and additions made as late as the time of Charles 11. The wall and its bastions are distinctly shown on an old chart of Leith, published about the middle of the seventeenth century. It begins with LEITH AND ITS ANTIQUITIES 299 Eamsay's Fort and terminates at the top of the Kirkgate near to the spot where the port of St. Anthony stood. They are also shown on Captain Greenville Collins's Coasting Pilot, of date 1681; and Dr. Robertson, in his Antiquities of Leith, has, from the yarious sources available, constructed an admirable plan show- ing these as they are supposed to have existed in 1560. Beyond the walls of the capital the ancient parish church of Restalrig was erected by James III. into a collegiate church for a dean and canons, and the college was subsequently enlarged both by James IV. and James V., as well as by numerous contributions from private individuals. It must have been a large church, with probably collegiate buildings of con- siderable extent attached to it, if we may judge from the uses to which its materials were applied. The choir, the only part that has escaped demoli- tion, is a neat specimen of decorated English Gothic. It remained in a ruinous state until nearly the middle of the present century, when it was restored and fitted up with some degree of taste as a chapel-of- ease. A church is believed to have existed here at a very early period, as it was celebrated for the tomb of St. Triduana, a noble virgin who is said to have come from Achaia in the fourth century, in company with St. Rule, and to have died at Restal- rig. Her tomb was the resort of numerous pil- grims, and the scene, as was believed, of many miracles. By a charter of James IV., dated a few months before the battle of Flodden, the abbots of Holyrood and Newbottle are empowered to erect into a new prebendaryship the chapelry of St. Triduan's aisle, founded in the collegiate church of Restalrig by 300 HISTORICAL NOTES CONCERNING James, bishop of Ross. The existence both of the church and parish at the death of Alexander III. is proved by various charters. The village also appears to have been a place of much greater size and importance than we can form any conception of from its present remains. It was, no doubt, in early times the chief town of the barony, and a much more extensive one than the port of Leith. During the siege of the latter in 1559-60, Bishop Lesley informs us that "the Lord Gray, lieutenneut of the Inglis army, ludged in Lestalrig toun, in the deanis hous, and mony of all thair hors and demi-lances." Not far from the collegiate church of Eestalrig stood the beautiful Gothic well dedicated to St. Mur- garet. " An octagonal building rises internally to the height of about four and a half feet, of plain ashlar work, with a stone ledge running round seven of the sides, while the eighth is occupied by a pointed arch, which forms the entrance to the well. From the centre of the water, which fills the whole area of the building, pure as in the days of the pious Queen, a decorated pillar rises to the same height as the walls, with grotesque gurgoils, from which the water has originally been made to flow. A])0ve this springs a beautiful groined roof, presenting, with the ribs that rise from corresponding corbels at each of the eight angles of the building, a singularly rich effect when illumined by the reflected light from the water below." This curious fountain was picturesquely situated by the side of the ancient and little fre- quented cross-road leading from the Abbey Hill to the village of Restalrig. On the formation of the North British Railway the well was buried under the LEITH AND ITS ANTIQUITIES 301 embankment on which St. Margaret's engine depot now stands. It was only saved from complete destruc- tion by interdict, which compeDed the railway company to give access to it. The well was ultimately removed to the spot it now occupies — in the Queen's Park, opposite Holyrood Palace — at the head waters of the same spring which once had fed it. According to Maitland, " Mary of Lorraine, having chosen Leith for her residence, erected a house at the corner of Quality Wynd, in the Eotten Eow, but the same being taken down and rebuilt, the Scottish arms, which were in front thereof, are erected in the wall of a house opposite thereto, on the southern side " (Book viii. p. 496). Robertson says: "With Maitland, whom we have found more correct than other observers of his day, we are inclined to believe that the site of this building was in the Water Lane, or 'Eotten Row,' where the northern portion of the tobacco warehouse presently stands. The only existing relic of the palace is in the writer's possession — the elegantly-sculptui-ed arms of the house of Guise, quartered with those of Scotland. This stone was long preserved in the Old Tolbooth. On its demolition, the materials, with the Scottish arms of Queen Mary, were sold to the contractor ; but an attempt was very creditably made by the authorities of Leith to preseiwe these memorials, and I have been told that our late much respected provost, James Eeoch, Esq., succeeded in 1820 in effecting their recovery, he being at that time one of the bailies. They were thereafter deposited in a slaughter-house behind the New Tolbooth, and were afterwards carried to a warehouse in Bernard Street, where they remained until 1844, when they were accidentally discovered at the very moment that the 302 HISTORICAL NOTES CONCERNING stones were under the blow of the mason's hammer, to furnish material for building the partition wall of a cellar." The two stones were rebuilt by Dr. Robert- son into the original window of St. Mary's Church, which was purchased Ijy him on the alteration of the church, and were re-erected at his residence in Albany Street, North Leith. "A general impression has existed that Queen Street LEITH AND ITS ANTIQUITIES 303 was the site of the residence of the Queen-Dowager. Of this there is no record, and the only evidence for such a conclusion was the finely -decorated mansion, now destroyed, which existed in that locality. Its former name was ' The Paunch Market ' ; and as authority states that a series of piazzas once existed, traces of which, built up, exist to this day, we might naturally suppose that a record of the palace would also exist. Of this, however, there is none ; but that these piazzas formed ' The Bourse ' of the days of Mary of Guise, has, we think, undoubtedly been ascertained." From time immemorial the shipmasters and mariners of Leith had received certain dues called the " primo gilt" from all vessels entering that seaport. Out of these funds they erected in 1555 a seamen's hos- pital, dedicated to the Holy Trinity. Of the four corporations that the inhabitants of Leith had been divided into, they were the most considerable. They obtained from the Queen -Regent a gift, afterwards ratified by William and Mary, of one penny duty on the ton of goods in the harbour of Leith, for the support of their poor, their hospital being originally intended for the maintenance of "poor, old, infirm, and weak mariners." From this pious use its funds were diverted, as we learn from a letter written by Charles L, then reigning. " Charles R. — Right reverend father in God, right trusty and well-beloved cousin and councellor, right trusty and trusty and beloved chancellor Wee greete you well. Whereas Wee understand that there have been some abuses and disorders in the managino- of these things belonging to y" hospitall of Leith which appertaineth to the mariners, and that lately you have taken great care to see what hath been disordered 304 HISTORICAL NOTES CONCERNING there, reduced again to the right use. Wee out of our princely and pious care have thought fitt to desire you to call before you such as have interest in the care and charge of that hospitall, and that you give order how yearlie Accompts shalbe made that it may appear that all things are orderlie and piouslie done, and to this effect that with their ordinarie Auditors you appoint y" parson of Leith and one of the baillies of Edinburgh or any others you shall think fitt as Auditors to those Accompts, which Wee will tak as acceptable favour done unto Us, and for which these presents shalbe your warrant ; We bid you farewell ; from our Court at Stowmarket, 1st October 1636. "Endorsed : To the Right Reverend Father in God, John Lord Archbishop of St. Andrews, primat and metropolitan of all Scotland, our Chancellor of that kingdom, and to the remanent lordes and others of our privie Councell there." During the Protectorate its vaults, which had been used as wine-cellars, were rented for the storage required for the munition of General Monk's troops. Cromwell also, it would appear, was as anxious as Charles I. that its affairs should be " orderlie and piouslie " transacted. Hence the following Order of Council, directing payment of a year's rent to the " collector for the poore of Trinity House " : — " By his HIGHNESS' Councill in Scotland for the governing tlieirof: these are to require 2,000 forthwith out of such moneys dew or schal come to the hands of the Customs, out of the third part of the profits arysing from the Excyse in Scotland, to pay Wm. Robertson (collector for the poore of Trinitie House in Leyth) the somme of £3 : 15/ sterling, for a year's rent of a vault under the said Trinitie House, imployed LEITH AND ITS ANTIQUITIES 305 to lay in stores for the army determining the 8th of March last. Given at Edinburgh the last day of Apryl, 1657. Sic suhscrihitur George Monk, F. ScROPE, QuATHETHAM," i.e. Wetham. {Trinity Hos- pital Records.) In 1753 six women had convenient apartments within its walls and a yearly allowance of £2 sterling, and fifty outdoor pensioners received relief from the corporation every month or quarter, 3s. 4d. being the grant in the former and 4s. in the latter case ; but in 1779 the poor that were relieved were all outdoor pensioners. The duties it received, which not many years ago did not amount to £40 a year, then rose from £70 to £120, in proportion as trade flourished. For the further support of the poor belonging to the corporation, the shipmasters paid annually sixpence a pound out of their own wages, and the like sum they generously gave upon their sailors' wages. From these sums, and from property acquired, and money lent from former savings, and donations made to them, this corporation was then enabled to pay from £600 to £700 a year to their poor. In 1797 this association was legally erected by charter into a corporation vested with ijowers, subordinate, of course, to those of the corporation of the city of Edinburgh, to examine and license persons to be pilots and to exact fees from the licentiates. In 1800 this corporation turned its atten- tion to the erection of lighthouses on the east coast of Scotland. The Bell Eock Lighthouse was due to their humane exertions. In 1817, on the site of the old building, the present Trinity House was erected on the western side of the Kirkgate, and opposite to St. Mary's Church. Two of the tablets that adorned the ancient hospital were built into the south wall. VOL. I.- 306 HISTORICAL NOTES CONCERNING which faces Giles' Street. One of them, surmounted by a pediment elal)orately sculptured with an anchor, globes, and a group of nautical instruments, is in- scribed : — Pervia • ViRTCJTi • Sydera • Terra • Mare. LEITH AND ITS ANTIQUITIES 307 On the other is cut, in large ornameutal characters of that olden time, the following inscription : — Ijf • the Name • of • the • Lord • Ve • Masteris • and ■ Mare- NERIS • BylIS • THIS ' HoUS ' To ' YE ' PoUR • AnNO ' Domini • 1555. To the east of the Trinity House, on the north side of the Kirkgate, a very singular l)uilding fronted the main street at the head of Combe's Close. The upper storeys appear to have been erected about the end of the sixteenth century, and formed rather a neat and picturesque specimen of the private buildings of that period. But the ground floor presented different and altogether dissimilar features. An arcade extended along nearly the whole front, formed of semicircular 308 HISTORICAL NOTES CON'CERXING arches, resting on massive rouud pillars, finished with neat moulded capitals. Their appearance was such that even an experienced antiquary, if altogether ignorant of the history of the locality, would at once pronounce them to be early and very interesting Norman remains. That they were of considerable antiquity cannot be doubted. The floor of the building was several feet below the level of the street, and the ground had risen so much within one of the arches, which served as an access to the court behind, that a man of ordinary stature had to stoop considerably in attempting to pass through it. No evidence is more incontro- vertible as to the great age of a building than this. Other instances of a similar mode of construction are, however, to be found in Leith, tending to show that the style of architecture is not a safe criterion of the date of their erection. The most remarkable of these is an ancient edifice in the Sheep's Head Wynd, the ground floor of which is formed of arches constructed in the same very early style, though somewhat plainer and less massive in character, while over the doorway of the projecting staircase are cut in ornamental charac- ters the initials and date, D. W., M. W., 1579. The edifice, though small and greatly dilapidated, is orna- mented with string courses and mouldings, and retains the evidences of former grandeur amid its degradation and decay. JNIaitland refers to another building, still standing, at the north-west corner of Queen Street, which, in his day, had its lower storey in the form of an open piazza ; but modern alterations have completely concealed this antique feature. Here was the Exchange, or meeting-place of the merchants and traders of Leith for the transaction of business, as was indicated by the popular name of the Burss — e"\ndently a corruption of 3 -. 2 S y. a. LEITH AND ITS ANTIQUITIES 309 the French term Bourse — by wliich it was generally known at a very early period. The above is a house still existing in Quality Street, and is a good example of Old Scottish domestic archi- tecture. In this house Charles II. is said to have been entertained in 1G50. 310 HISTORICAL NOTES CONCERNING CHAPTER XXVI THE REFORMATION At the beginning of the 16th century Europe was in a state of change. Christendom then ceased to be re- garded as one great commonwealth presided over by Pope and Emperor. The Empire and the Papacy had harmonised with feudalism ; but on its decay, though the idea of a supremacy remained, there was no other basis possible for that supremacy than a basis of universal sovereignty. It was long before any State was strong enough to put forward such a claim ; Ijut the end of the 15th century, which saw France and Spain united into powerful kingdoms, saw their rulers preparing to extend their dominion over the rest of Europe. The Papacy endeavoured to divide the pre- dominance of either rival into equal scales, and counter- poise the one that preponderated. But what it planned with mucli wisdom it was able to execute with little vigour. Henry VHI. of England held the balance with a stronger hand. As the assistance of Scotland was of great consequence to the contending parties, he began by imitating the example of his ancestors in trying to subjugate Scotland; but his own experience and the conduct of his enemies gave him a higher idea of its importance. Its situation and the bravery of its people LEITH AND ITS ANTIQUITIES 311 made its conquest impossible, but its poverty and the factious spirit of its nobles made it easy for him to divide and govern. He fell at last on the true policy. To extend his influence in Scotland he made use of a secret system of corruption. The same policy with respect to Scotland was adopted and perfected by his successors. Elizabeth divided her attention almost equally between the two kingdoms ; and the authority she inherited in the one was not greater than that she acquired in the other. The affairs of the two countries became interwoven, and their interests were often the same. The history of the Eeformation in Scotland strikingly exemplifies the infiuence of England's interference with the private concerns of her neio;hbour. Probably the most important event in Scottish history of the 16th century, after the disastrous battle of Flodden, was the Reformation. In this great national movement, Leith, as has already been shown, was the scene of action of events of no slight importance. Being thus prominent in the politics of the day, and being, moreover, a seaport of great com- mercial activity, Leith received its due share of atten- tion from the Reformers. Though Edinburgh, being the chief city in Scotland, was naturally more con- spicuous in this matter than Leith, yet the smaller buri^h contained a number of men leal and true to the cause. St. Andrews is also conspicuous in the story of the introduction of Protestantism into Scotland. It was the primatial see, a university city, and a mercantile centre that had great intercourse with the Continent. Soon after Luther had promulgated his doctrines at Wittemburg, his treatises were in the hands of 312 HISTORICAL NOTES CON-CERNING Students at St. Andrew.s. Among their numljer was Patrick Hamilton, the son of Sir Patrick Hamilton of Kincavil and Catherine Stewart, a daughter of the Duke of Albany. Summoned before an ecclesiastical tribunal, when his faith was still unsettled, he fled to Germany. Having become here fully instructed in the Reformed opinions, he returned in 1527 to St. Andrews, where he was zealously preaching his new faith, when he was seized by the ecclesiastical arm and thrown into prison. No event contributed so much to the rise and rapid development of Protestantism in Scot- land as the arraignment and execution of Patrick Hamilton. His high descent, youth, talents, gentle and amiable disposition, gained him the regard, sym- pathy, and admiration of all with whom he came in contact. But the influence of his exemplary life was enhanced by the magnetic heroism of his death. At St. Andrews, whither he had been decoyed under the colour of a friendly conference, he was arrested and thrown into prison. On the 28th of February 1527 he was brought before a tribunal of ecclesiastics, con- demned as a heretic, and delivered to the secular power to be punished. On the afternoon of the same day he was led forth to the stake and burnt in front of St. Salvator's College. He was then only twenty-eight years of age, yet his patience and constancy in the flames were so remarkable that many priests and friars who assisted at this auto-da-fe feared not to maintain that he died a martyr to the true faith, embraced the doctrines for which he had paid the last penalty, and sealed them by the endurance of a similar fate. One whom the spectacle of his martyrdom had thus influenced was Henry Forrest, a young Benedictine monk, the next suff"erer in the cause of Protestantism LEITH AND ITS ANTIQUITIES 313 in Scotland. Whilst consultation was being held upon the manner of his execution, John Lindsay, one of the archbishop's gentlemen, offered his advice as a plain simple man, to burn Friar Forrest in some hollow cellar ; " for," said he, " the smoke of Mr. Patrick Hamilton hath infected all upon whom it was blown." Nor were the inhabitants of Leith satisfied merely with looking after their temporal concerns. Their spiritual welfare also came in for a share of their attention. Knox states that, notwithstanding the persecutions, the principles of the Eeformation made progress, "cheaflie by merchands and marinaris, who, frequent- ing other countries, heard the trew doctrine affirmed and the vanitie of the papistical religion openlie rebuked, amongst whom were Dundy (Dundee) and Leyth (Leith), principalles, against whom was made ane verie strayt inquisition by David Beatoun, cruell cardinall." The truth of Knox's observation regarding the seafaring class is exemplified by the fact that in 1534 we find cited " befoir the foresaid leprous bischop, Schir William Kirkpriest, Adam Days or Deas, schipp- wright, that dwelt on the no' syde of the breege at Leith, Henrie Cairnies, skipper in Leith." What became of Adam Deas does not appear, but Henrie Cairnies was denounced fugitive and heretic. Another sufferer for the Protestant religion who visited Leith was George Wishart. This " celebrated Scottish martyr, when he was on his second visit to Montrose, received a letter from the Protestant gentle- men in the west of Scotland, with whom he had before been, desiring him to meet them at Edinbui-gh in the month of December. They promised that they 314 HISTORICAL NOTES CONCERNING would there demaud of the bishops to graut him a conference on the matters of religion ; that he would assuredly be heard ; and that he should dread no danger, as they would be present for his protection. " The good man was happy in the prospect of so favourable an opportunity of promoting the great design which he had in view on his return to Scotland. But John Erskine of Dun, who well understood the political state of the country, the prevailing power of Cardinal Beatoun, and the fickle temper of the Regent, earnestly endeavoured to dissuade him from going to Edinburgh. Mr. Wishart, however, could not be with- held. In the midst of a storm of frost and snow he travelled, with a few attendants, to Innergowrie, to Perth, and through the county of Fife, and arrived at Leith early in December 1545. The gentlemen from the west were not yet come, nor was there any notice of their being on the way. Indeed the Cardinal, who had been apprised of their intention, had taken effectual means to deter them. " Mr. Knox was no sooner informed that Mr. Wishart was in Leith, than, disregarding any danger to which he might thereby be suV)jected, he hastened from Langniddry to wait upon him. He found him dispirited, and apprehensive that his expectations would be disappointed. " Mr. Knox resolved not to leave him all the time he should be in the Lothians. He declared his purpose to guard him, to serve him, and to listen, while he could enjoy the privilege, to his valuable instructions. " Mr. AYishart was advised by his friends to keep himself secret in Leith for some days. But he became impatient. ' In what,' said he, ' do I differ from a dead man, except that I eat and drink ? To this time LEITH AND ITS ANTIQUITIES 315 God has used my labours to the instruction of others, and to the dissolving of darkness ; and now I lurk, as if I were a man ashamed, or who durst not shew his face.' It having been understood that he was desirous to preach, his friends said : ' Most comfortable it would be to us to hear you ; but because we know the dano-er in which you stand, we dare not desire you.' 'But,' said he, ' dare you and others hear me ? If so, I will preach ; and then let my God provide for me what best pleases Him.' " The conclusion was, that next Sabbath, December 10th, he should preach in Leith. His sermon consisted of an exposition of the parable of the sower. Some of the Lothian gentlemen were among his hearers, who, after the sermon, held a consultation ; and their opinion was, that Mr. AVishart should not remain in Leith, because the Governor (Earl of Arran) and the Cardinal were shortly to be in Edinburgh. They agreed to take him along with themselves, and to o-ive him safe lodging, sometimes in Brunston, sometimes in Langniddry, and sometimes in Ormiston." ^ At this last place he was apprehended by the Earl of Bothwell, who delivered him into the hands of the Cardinal. Beaton thereupon summoned a council of the liishops and dignified clergy to meet at St. Andrews. The alleged heretic was immediately arraigned before the spiritual tribunal. The result was easy to be anticipated. AVishart was found guilty of heresy and sentenced to be burned. On the 28 th of I\Iarch this sentence was carried into efi"ect ])y his beino- first strangled and then consumed to ashes. The Cardinal himself soon followed, for by this time the Reformers had many adherents in Scotland, ' Scott's Histoi-y of the Reformers, p. 98. 316 HISTORICAL NOTES CONCERNING who resolved to avenge the death of Wishart. A party of five conspirators accordingly repaired to St. Andrews on the 28th of May 154G. A successful stratagem made them complete masters of the Archbishop's castle. One of these assassins, James Melville, who proposed to murder, not from passion, but from religious duty, called upon the Cardinal to repent of his wicked life, " but especially of the shedding of the blood of that notable instrument of God, George Wishart. Neither the hatred of thy person, the love of thy riches, nor any fear of trouble thou couldst have done me in particular, moved nor moves me to strike thee, but only because thou hast been and remainest an obstinate enemy against Jesus Christ and his evangell." And thereupon he was stabbed twice or thrice with " a stog- sweard." His body was hung over the battlements to satisfy the people, and afterwards thrown into the sea. The death of the Cardinal was fatal to Catholic interests in Scotland. Nothing was wanting to com- plete the ruin of the Church in Scotland but a fierce uncompromising leader to direct the attack. Such a leader was found in the famous John Knox, who, with better qualifications of learning and more extensive views than any of his predecessors, displayed an amount of intrepidity equal to the occasion. He was born near Haddington in 1505, educated at the University of Glasgow, and ordained a priest in 1530. He embraced Protestantism, probably in 1542, but he first became known as a disciple of George Wishart in 1545. At Easter 1547, accompanied by his pupils, the sons of the lairds of Ormiston and Languiddry, he repaired to the castle of St. Andrews, his sympathy with the assassins preventing any scruple he should have had LEITH AXD ITS ANTIQUITIES 317 about the propriety of joining himself to their com- pany, and their protection affording him a shelter from the perils that threatened him. The Papal party, meanwhile, were resolved not to allow the death of so useful a person as Beaton to pass un- punished, if possible. Knox and a band of Reformers were still in the castle at St. Andrews when the Eegent laid siege to it. For fourteen months did this gallant garrison defy all the efforts of his army. Only by getting the assistance of a French force, when a combined attack was made by sea and land, was the garrison overcome. Knox and several of the leaders were taken prisoners to France, and treated as criminals. Even in their captivity the spirit of the Reformed faith was so strong that they refused to attend Mass, and said, " If ye would compel us yet will we displease ye further, for we will so use ourselves there that all those who are present shall know that we despise it." In January 1549 the captives were released through the intercession of Edward VI. Knox at once repaired to the Court of his benefactor, and remained in England for nearly five years ; but the accession of Mary on the death of Edward obliged him to fly to the Continent, where he became the intimate friend of John Calvin, a kindred spirit. During the absence of Knox from his native country a number of English Reformers took refuge in Scot- land, and there resumed their labours. Omng to the lenity shown by the Queen-Regent and the Archbishop of St. Andrews in all their dealings with the Pro- testants, the work of the Reformation had been pro- ceeding slowly but surely in Scotland, and nowhere had it a stronger hold than in Leith, where AVishart, Harlaw, Willock, and John Douglas had preached. 318 HISTORICAL NOTES CONCERNING In these favourable circumstances Knox complied with the solicitations of the Reformed party in Scot- land, and returned to his native land in Sci)tember 1555. Soon afterwards, however, the Archbishop departed from the liumane maxims that had hitherto regulated his conduct, and rekindled the flames of religious persecution, when Knox again left Scotland, and settled with his family in Geneva. Again obeying an invitation to return to Scotland, addressed to him by some of the Scottish nobles, he arrived at Dieppe ; but, on account of the unfavourable news he there received, he at once returned to Geneva. He wrote, however, from his safe retreat to his friends in Scot- land, rebuking them for their want of zeal and courage. His denunciations had the effect he desired. The Pro- testant leaders, who, contented with the toleration they enjoyed, had preferred the security of worshijaping God in private, according to their conscience, to the peril attending a public reformation, now made an open declaration of war against the Established religion. On the 3rd of December 1557 a bond was drawn up and signed at Edinburgh, l)y which the subscribers bound themselves to maintain and set forward, with all their might, the word of God and His congregation, and renounced the congregation of Satan, with all its superstitious abominations. Its words seem to bear reference to the baptismal vows they had taken as Catholics, but they were now used as the symbol of hatred and strife. If the Protestants were the con- gregation of Christ, and the adherents of the old Church were the congregation of the devil, all hope of unity or peace was at an end. At this critical season the adherents of the Reformation received an important accession of strength. On the 2nd of May 1559 Knox LEITH AND ITS ANTIQUITIES 319 landed at Leitli. He came in obedience to the reiter- ated invitations of the Lords of the Congregation, and after the influence of Calvin in persuading him to come had been urgently implored ; he came, too, when the Protestant faith had been embraced by the mass of the people, and professed by the most powerful of the nobles, and when the support of England could be looked for with confidence. From the time of her accession to the throne Queen Elizabeth had anxiously w^atched the state of aflairs in Scotland. At an early period of her reign negotiations had commenced between the leaders of the Congregation and her ministers. On the part of the Scots the most active political agent was Knox. Under the feigned name of John Sinclair he wrote to the English commander at Berwick, urging him to send troops to the assistance of the Congregation ; and about the same time the Prior of St. Andrews received a letter (of which Knox was suspected of being the real author), written as if from France, describing the great preparations that were there being made for the invasion of Scotland, and advising the Eeformed to seek the aid of England. On the 27tli of February 1560 a convention w^as signed at Berwick between the Duke of Norfolk, on the part of Elizabeth, and the Prior of St. Andrews and other commissioners for the Congregation, by which a league of amity and mutual defence against France was con- cluded at the very time that a treaty of peace already existed between France and England. The provisions of the treaty of Berwick were included in the subse- quent treaty of Edinburgh, w^hich brought this religious war to a close. The terms of the peace that was now concluded between the contending parties in Scotland were in every way advantageous to England. That 320 HISTORICAL NOTES CONCERNING portion of the treaty which embraced the affairs of the Congregation led to the full establislimeut of the Re- formed Church in Scothmd. But tlie French commis- sioners had exceeded their powers in the concessions they had yielded. Mary Queen of Scots steadily refused to ratify the treaty of Edinburgh, to recognise the Parliament that had been summoned without her commission, and to confirm the proceedings of the Reformers, which had been contrary to the express stipulations of the treaty itself. When the Congregation were still apprehensive of tlie designs that were being meditated against them, and when Elizabeth was hesitating to give them her continued support, and the Guises were waiting till they had sufficient money to carry out their enter- prises, Francis II., the young French king, expired on the Gth of December 1560. His deatli altered the position of affairs in Scotland. The interests of the widowed Queen of Scots no longer made it necessary for her to remain in France. In the month of February commissioners arrived in Scotland, entrusted with a conciliatory message from the Queen to the Estates, assuring them of her forgiveness for all that was past, and announcing her speedy return to her native land. ]Meanwhile the disloyal and illegal acts of the Con- gregation had thrown religious affairs in Scotland into a state of confusion. The Established religion of the State had been overthrown by a private association of men, who, although no ways recognised by the con- stitution, had assumed the power of legislation. There were now two opposite parties, each of them claiming to be the Established Church of Scotland. Mary was not long in Scotland when she became painfully aware of the excited and dangerous state of LEITH AND ITS ANTIQUITIES 321 feeling on the question of religion. She was anxious to conciliate all parties and to preserve the public peace. With a \'iew to this, but with little prudence, she told her subjects that the Roman Catholic Church was still the established church of the land, and charged them to conduct themselves quietly in loyal obedience to the laws of the realm. On the 24th of August, the first Sunday she spent in Scotland, these misguided precautions for the maintenance of civil order were frustrated at the very palace of Holyrood House by the Reformers. Mary had not interfered with them in their mode of worship, yet they inter- fered with her whenever she worshipped God in the way that accorded vnih her conscience and with the laws of the realm. A repetition of the same spirit was manifested by the same party on the next Sunday in the chapel of Stirling Castle, where Queen Mary was staying during the royal progress she was then making through the country. " It was reserved," remarks Chalmers in his Life of Mary, " for the ijrime minister and the justice-general to make a riot in the house which had been dedicated to the serAdce of God and to obstruct that service in the Queen's presence." Mr. William Balfour, indweller in Leith, was con- victed of breaking the Queen's proclamation, issued for the maintenance of the Catholic Church in Scotland, but applied to the protection of the Reformed religion by its supporters. " He, accompanied with certain ^\icked persons .... upon set purpose, came to the parish kirk of Edinburgh, callit Sanct Giles Kirk, where John Cairns was examining the common people of the burgh before the last communion . . . and the said John, demanding of ane poor woman ' gif she VOL. I. 2 1 322 HISTORICAL NOTES CONCERNING bad ouy hope of salvation by her awn good works,' he, the said Mr. William, in despiteful manner and with thrawn countenance, having naething to do in that kirk 1)ut to trouble the said examination, said to the said John thir words, ' Thou demands of that woman the thing whilk thou nor nane of thy opinion allows or keeps.' And, after gentle admonition made to him by the said John, he said to him alsae thir words, ' Thou are ane very knave, and thy doctrine is very false, as all your doctrine and teaching is.' And therewith laid his hand upon his weapons, and j^rovoking battle ; ■doing therethrough purposely that was in him to have raisit tumult amaug the inhabitants of this burgh." (Pitcairn.) It is quite a mistake to suppose that the religion set up by the irregular Parliament that met in August 1560 was formed all at once into a National Church. It started very much as " an authorised Protestant home-mission, much undermanned for its work of evangelising the nation on the new principles, and with its constitution and its relations to the State still to seek." {Reg. P. C. of Scot., vol. iii. p. xxi.) The ministers of this organisation were elected by the people, and performed some of the duties of the old parochial clergy ; in localities where a fixed ministry did not exist, their place was supplied by a temporary inferior order of " readers," corresponding to the deacons of the ancient Church ; and instead of bishops, ten " superintendents " were allotted to the different districts into which the kingdom was divided. These were empowered to inspect the life and doctrine of the other clergy. They presided in the inferior courts of the Church and performed some of the Episcopal func- tions. They claimed, however, no seat in Parliament, LEITH AST) ITS ANTIQUITIES 323 and pretended no right to the dignity or revenues of the fonner bishops. So small a body of clergy, which scarcely deserved the name of an established Church, had, unfortunately for itself, no endowment. On the overthrow of the old Church, large portions of her patrimony were made over by its former possessors to their friends or kins- men. In many cases Church lands were leased and even sold by the previous incumbents. Laymen were also appointed by the Crown to be factors of bishoprics and livings. The Catholic prelates still retained part of their ancient wealth ; and the most powerful of the nobles and barons were in possession of a good part of the ecclesiastical revenues, which had been sequestered during the civil commotions. The patrimony of the Church should have reverted to the Crown, the source from which it had originally come. The royal revenues, being inadequate to afford honourable maintenance to Mary and her Court, the Church rents seemed the readiest way of supplying the deficiency. The prelates and beneficed persons, who enjoyed them, were summoned before the Privy Council, and were induced to yield the third part of their bene- fices to be disposed of at the Queen's pleasure, and to be taken from any places her collectors might choose, she securing to them the two-thiixls during their lives, and freeing them of the support of the ministers, with which they were continually menaced. 324 HISTORICAL NOTES CONCERNING CHAPTER XXVII MARY QUEEN OF SCOTS Elizabeth liad sent out a fleet to take Mary captive on the open sea. The plot of the English Queen was so well known to the Prior of St. Andrews and the Scottish nobles, with whom she had been intriguing, that the arrival of Mary, being wholly unexpected, was not anticipated by any kind of preparations for her reception. On the 19th of August 1561 Queen Mary "arrived with her two vessels in Leith Road at seven in the morning of a dull autumn day. She was accompanied Ijy her three uncles of the house of Guise — the Due d'Aumale, the Grand Prior, and the Marquis d'Elbeuf ; besides Monsieur d'Amville, son of the Constable of France, her gentlewomen called the four Maries, Strozzi and Brantome, and many persons of inferior note." She was received on landing by the Lord James, her natural brother, and many of the chief nobility. On the news of her arrival, the nobility and leaders, without distinction of party, crowded to Edinburgh to cono-ratulate her on her return to her native laud, and tender their homage and service, while the people testified their pleasure by bonfires and music. These demonstrations of popular rejoicing took place under i P 2 LEITH AND ITS ANTIQUITIES 325 a most unfavourable sky. "To pursue the narrative of one that looked on the scene with an evil eye : ' The very face of heaven, the time of her arrival, did manifestly speak what comfort was brought into this country with her ; to wit, sorrow, dolour, dark- ness, and all impiety ; for in the memory of man, that day of the year, was never seen a more dolorous face of the heaven, than was at her arrival, which two days after did so continue ; for beside the surface weet and corruj)tion of the air, the mist was so thick and so dark that scarce might any man esjjy ane other the length of twa butts. The sun was not seen to shine two days before nor two days after. That forewarning gave God unto us ; but, alas, the most part were blind. " 'At the sound of the cannons which the galleys shot, the multitude being advertised, happy was he and she that first might have presence of the Queen. . . . (At ten hours her hieness landed upon the shore of Leith.) Because the palace of Holyroodhouse was not thoroughly put in order . . . she remained in Andrew Lamb's house in Leith till towards the evening, and then repaired thither. Li the way betwixt Leith and the Abbey met her the rebels of the crafts . . . that had violated the authority of the magistrates and had besieged the provost ; but because she was sufficiently instructed that all they did was done in despite of the religion, they were easily appardoned. Fii'es of joy were set forth all night, and a company of the most honest, with instruments of music, and with musicians, gave their salutations at her chalmer window. The melody, as she alleged, liked her weel ; and she willed the same to be continued some nichts after.' " — Knox. (Chambers, Dom. An. of Scot., vol. i. p. 11.) The Queen was much disappointed with the 326 HISTORICAL NOTES CONCERNING arraugements made for her arrival — the provision for her entry into Edinburgli consisting only of some horses with the harness of the period, but without carriages, forming a great contrast to the gorgeous royal processions of Paris. Mounted in this manner, however, the royal pageant proceeded from Leith to Edinburgh, and arrived at Holyrood amid the acclamations of the people. The Scottish people had not known what ruler they should obey ever since bluff Harry's boisterous court- ship of the hand of Mary for his son, Edward VI., had sown the seeds of dissension among their natural leaders. For many centuries the Scottish barons had exercised almost unlimited influence over their native sovereigns. They now flocked to the Court of their jiresent monarch, impelled by a thousand conflicting interests, and deeming themselves entitled to pronounce an opinion on every affair of state. The long residence of Mary in France lessened her opportunities of knowing the characters of her counsellors, and it soon became evident that her confidence was given to those that were secretly her enemies. A conspiracy had been formed against her by Elizabeth and Cecil on the one hand and by the Lord James and his ftiction on the other, which, exciting her subjects to rebellion against her, ended in her defeat and capture by the one and in her imprisonment and execution by the other. Amono- her insidious Ministers the Lord James was the most selfish and ambitious, though he knew how to conceal his ambition and restrain it within narrow bounds. He was too skilful a courtier to show open hostility to his sovereign until he could do so with impunity. He tried every means to gain the friend- ship of Mary, and succeeded in his endeavours so well LEITH AND ITS ANTIQUITIES 327 that he became her Prime Minister ; and he was so subservient to Elizabeth that his administration was as much guided by her wishes as by the wishes of his own sovereign. His ambitious spirit also prompted him to lay schemes for the removal and ruin of all his competitors in the race for power. His chief rival was John, Earl of Huntly, who had been the devoted friend of James v., if not also of Mary of Lorraine. He held the office of chancellor, and for his services had received the earldom of Moray, which he resigned to the Queen- Eegent in 1554, but of which the lease was restored to him in 1559. Though he was the rightful possessor of its titles and lands till 1564, this circumstance did not prevent the Lord James from aspiring to the earldom. The earldom of Mar, w^hich had been conferred on him in 1561, was regarded by him only as a stepping-stone to the earldom of Moray, of which soon afterwards he privately received the grant under the privy seal. This gift by the Queen was insufficient until it was confirmed by passing under the great seal, the keeping of which was in the hands of the Earl of Huntly as lord chancellor. Impelled by the twofold desii-e of crushing the Catholic party, of which the Earl of Huntly was the great lay head, as well as of gaining the title and lands that were still in his possession, Mar now resolved on his utter destruction. For the accomplishment of his twin projects he gladly availed himself of a tale of conspiracy told by the Earl of Arran, in which he implicated Huntly, and of a fray in which his son. Sir John Gordon, was involved. Sir John's antagonist in the fray, though he was equally guilty, was set at liberty, while he was put in prison, for effecting his escape from which he was declared an 328 HISTORICAL NOTES CONCERNING outlaw. These incidents, presented to Mary by her Prime Llinister and enhanced by fabrications of his own invention, made her view Huntly and his family with a jaundiced eye. It was at this juncture that Mar recommended his sovereign to make her progress through the northern parts of her realm, knowing, as he did, very well that she could not pass through the demesnes of an earl whom she had treated with so much injustice without either giving or receiving fresh cause of oSence. The immediate consequences of that royal expedition were the execution of Sir John Gordon and tlie death of Huntly. The dead body of the latter was embowelled and salted, and sent from Aberdeen to Leith, from which port it was conveyed to Holyrood House, where it remained till sentence of forfeiture was pronounced on his remains by the Parliament that met in 1563. By such means did Murray acquire the title by which he is best kno-mi in Scottish history. Mary, on the other hand, had soon reason to regret the folly and ingratitude of her conduct to Huntly and his house. How little conscious was slie when she witnessed the execution of Sir John Gordon, that in a few years a like fate awaited herself in Fotheringay Castle ! Murray being now the king of Scotland in all but the title, threw off his allegiance to his sovereign, and became subservient to the commands of Elizabeth. On the 7th of April he abdicated his post of Prime Minister. Instead of attending at the convention of the Estates at Perth, he engaged in a plot to seize the persons of Lennox, Darnley, and Queen Mary at the kirk of Beitli ; but they escaped. On the 29th of July 1565 Mary celebrated her marriage with Darnley in the royal chapel in Holyrood House. The ceremony LEITH AND ITS ANTIQUITIES 329 was performed by Henry Sinclair, dean of Restalrig. Murray professed be was opposed to tbe marriage, on tbe ground tbat it would be prejudicial to tbe interests of tbe Reformed Kirk of Scotland ; but it is to tbis marriage must be attributed tbe union of tbe two kingdoms — a policy wbicb Mary bad at beart, in opposition to tbe government of England and ]\Iurray's powerful faction in Scotland. On 15tb August Murray unfurled tbe banner of rebellion at Ayr. Tbe Queen and Darnley required, by a proclamation issued on tbe 22nd August, all tbeir subjects to attend tbem in arms. Tbe bearts of ber principal Ministers were witb Murray. Morton, wbo sbould bave pursued tbe rebels wben tbey retired to tbe soutb-western counties, from wbicb tbey could best retreat into England, led tbe main body of Mary's army in tbe opposite direction, and tben relinquisbed bis command. Measures were accordingly taken to apprehend all adherents of tbe insurgent nobles, an order of Privy Council being framed for tbis purpose in tbe following terms : — " Tbe King and Quenis Majesteis having diverse wayis ressavit suir advertisement, that nocht onelie thair rebellis with thair assistaris, in propir personis, dalie and commounlie at thair plesour reparis and passis be sey, and utherwyise throw the cuntreis of Lowtheane, Fyff and Angus ; bot als diverse suspect and wickit personis lies nocht abstenit planelie to pas and repas to and fra tbe saidis rebellis, vilipendand thair throw thair Majesteis autoritie and gevand evill exempill to utheris to do tbe lyke, gif haisty and tymous remedie be nocht provydit. Thairfoir thair Majesteis, be the avyise of tbe Lordis of thair Secreit Counsall hes thocht meit and convenient to depute and appoint 330 HISTORICAL NOTES CONCERNING the keping of the liavynnis and commoun passagis within the saidis boundis to sic personis, thair trew and faythfull subjectis, as thai haif best apinioun of. That is to say . . . For Leyth and Newhavin, and all boundis betuix the samyn and ]\lus,sill)urgh, the ])aillies. of Leyth. For Mussilburgh, the liaillies of JMussilburgh. For Prestoun Pannis, George Mot, etc. etc. And ordainis lettres to be direct to officiaris of armes, sheritKs in that part, chargeing thame to pas, command, and charge the personis respective abonewrittin and every ane of thame that thai within the boundis ap- pointit and limitat to thame, keip continewall and suir watche, and diligentlie serche and tak inquisitioim quhat schippis, crayaris or ])oittis passis furth of the samyn or cumniis within thame, as alswa quhat suspect personis being of the saidis rebellis thair assistaris or servandis, reparis, passis, or repassis be the said boundis, and tak and apprehend thame, and owthcr present thame to the King and Quenis Majesteis with possibill diligence or gif tymous knawlege and advertisement of the apprehensioun of thame, and in the tyme of thair taking to serche and rype thame as the personis abone- writtin sail think maist meit and convenient," etc. etc. {Reg. P. C. of Scot, vol. i. p. 380.) Sir John JNIaxwell, the Queen's warden of the western marches, who had joined the rebels in Dumfries- shire, conducted them into Dumfries, where they had ample opportunities of carrying on their intrigues with Elizabeth's officers on the Borders, and whence they spread reports among their own countrymen that they had taken up arms in defence of the Keformed religion and against the government of Scotland by an English subject. The King and Queen, at the head of 18,000 men, on 11th of October 15G5 marched to Dumfries LEITH AND ITS ANTIQUITIES 331 against the rebels. Finding that they could not con- tend against so great an army, they fled to Carlisle, where they were received by Bedford, Elizabeth's lieutenant. Sir John Maxwell, seeing the cause he had espoused was hopeless, made his submission, and by the Queen's clemency was continued in his ofiice. " Forsamekill as thair wes laitlie presentit unto us ane articles maid aganis our trusty servitour Sir Johnne Maxwell of Terreglis Knycht, Wardane of oure West Marchis, contening diverse pointis of heich treasoun and utheris haynous crymes to haif bene committitt aganis us, this oure realme, and subjectis thaii-of ; and we having causit the samyn to be diligentlie examinat be the Lordis of oure Secreit Counsall, in oure awiu presens, hes perfytelie undirstand thame to be untrew and groundid upoun particular malice, and utheris respectis nor ather attending to oure honour or yit the commoun weill of this our realme and subjectis as mair particularlie be thir presentis sail appeir. . . . And quhair it is said he brak his ward furth of oure castell of Edinburgh, becaus we undirstand be his ofteris and hering na contrarie that he may abyde lawis, and is Weill plesit to do gif ony of oure trew subjectis be in particular plentuous of him ; and to mend it with all extremitie in body or gudis as the cans may be fund worthie, and that evir sen he wes borne ; upoun this his humane requeist and guid off'er, we haif remittit the samyn, and put it in the law of oblivioun, with his passing to Leyth, accumpaneing utheris our subjectis, as in our pardoun and favouris gevin thairupoun of befoir mair fuUelie is specifiit. And for that he accompaneit in Dumfries of lait ane nowmcr of oure subjectis quhilk now ar rebellis and past in Inglaud ; for that we undirstand that he wes nevir of mvnd to 332 HISTORICAL NOTES CONCERNING ayde thanie agaiuis us, as be his coiitiiiewall humaue lauboui-iug to us for thame ; and als that he wald on na wayis tak part nor assist with Inghiud, nor pas with thame in that realme, nor as we knaw wes nevir of counsall, nor previe to na particulariteis we haif to lay to thair charge befoir thair cuming to oure toun of Dumfreis as may appeir ujjoun oure princelie naturall clemency, being be him maist humelie socht, we haif as of befoir remittit the samyn." {Hi'g- P. C. of Scot., vol. i. p. 414.) Wood was required for the carriages on which the guns of the Castle of Edinburgh were mounted. John Chisholm, comptroller of the royal artillery as well in Edinburgh Castle as in the King's Wark in Leith, having found, on inspection, that a large quantity of the ordnance lacked " convenient furniture," their Majesties, wuth the advice of their Graces' council, gave orders that what had fallen into decay should be repaired, and that as much timber as was necessary for this purpose should be received by their comptroller. "At Edinburgh, 24th July 1 5 GG.— According to thair ^lajesteis plesour, this last wintir certaue tymmer wes cuttit at Kiucardin, Abirruthwen, Abirdagy and Moncreiff, quhilk is alreddie transportit thairfra to the wattir of Tay be the gentilmen and iuhabitantis of the cuntre, and fra thyne is cariit to the hevin and port of Leyth at the coistis and expenssis of burrowis of the burghs of Perth and Dunde, and now the samyn tymmer restis to be cariit fra Leyth to the Castle of Edinl)urgh, quhair it mon be laubourit and put in werk. For the quhilk purpois, thair Majcsteis hes commandit thair said comptrollar to mak the said tymmer be haistelie cariit and that thair traist cousins; and coun- salour, James Erie Bothwell, Lord Ilalis Creychtoun, LEITH AXD ITS ANTIQUITIES 333 slieref-principal of Edinburgh, and his deputtis, devyde the cariage of the said tymmer amangis the inhabi- tautis of the sherefdomes of Edinburgh-principal, within the constabularie of Hadington and Linlythquow, at thair discretioun. And albeit thair Hienessis doubtis uocht bot everie nobill-man, gentilman, and yeman will voluntarie, and with glaid will, obey sa far as thai salbe demandit in this sa neidfull a cans, yit nevirtheles, to the eflFect that all men, as ressoun wald, beir equall burding, thairfoir ordanis lettres to be direct, chargeing all and sindry erlis, lordis, baronis, frehaldris, landit men, gentilmen, tenentis, and occupiaris of landis quhatsumevir within the saidis boundis, or ony part thairof — quhais names, togidder with the quantite of oxin, tyme, and place, salbe appointit and gevin in bill, subscrivit be the said comptroUar of artailyearie — to convene and send thair saidis oxin, with sowmis, cheittis, and all uther necessaris, to the toun and schoir of Leyth at the dayis assignit, thair to ressave and carie the tymmer, quhilk for thair part salbe deliverit to thame, frathyne to the Castell of Edinburgh, undir the pane for ilk ox that sail nocht be send at the tyme and place appointit of xx s., and gif thai failye thairin, that the officiaris incontinent thaireftir poind and distrenye the dissobeyaris for the said pane, and thairwith that the said comptrollar hyre oxin or hors with all gudlie diligence, swa that alwayis the tymmer be cariit and na delay usit thairin, as he will answer upoun his charge and perrell." {Reg. P. C. of Scot., vol. i. p. 485.) Mary was not satisfied with the advantage she had gained over the fugitive nobles. Determined to follow up their defeat by their attainder, she sum- moned them by public proclamation to appear before the Parliament that should next assemble. The Lords 334 HISTORICAL NOTES CONCERNING of tlie Articles were chosen to prepare the business that should come before it, and its meeting was fixed for the 12th of March. As they were all persons ready to promote the Queen's designs, the ruin of Murray and his party seemed now inevitable, when it was averted by the murder of Rizzio on the 9th. The King immediately prohibited the convention of the Estates on the day appointed. Although he publicly disclaimed any knowledge of the conspiracy against Rizzio, the Queen was fully convinced that he was accessory not only to the contrivance but also to the commission of that odious crime. On the following evening Murray returned with his followers to Edin- liurgh, and was graciously received by the King and Queen : by the former, in terms of a previous agree- ment ; by the latter', in the hope of converting a past enemy into a much-needed friend in the present emergency. When Mary gave her heart to Darnley she bestowed it on a very unworthy object. He requited her love with ingratitude and treated her with neglect, insol- ence, and brutality. All these she felt and resented. The people themselves observed some parts of his con- duct which little suited the dignity of a king. Addicted to drunkenness beyond what the manners of that age could bear, and indulging irregular passions, which even the licentiousness of youth could not excuse, he, by his indecent behaviour, provoked the Queen to the utmost ; and the passions which it oc(;asioned often forced tears from her eyes, both in public and in private. Her aversion for bim increased every day, and could be no lono-er concealed. He was often absent from Court, and was trusted with no power. Avoided equally by those who endeavoured to j^lease the Queen, LEITH AND ITS ANTIQUITIES 335 by those who favoured Morton and his associates, or who adhered to the house of Hamilton, he was left in a neglected and unpitied solitude. About this time a new favourite grew into great credit with the Queen, and soon gained great ascendency over her. This was James Hepburn, Earl of Bothwell. When almost every person of distinction in the kingdom, whether Catholic or Protestant, had joined the Congregation, he, though an avowed Pro- testant, adhered to the Queen-Regent. The success that attended the arms of the Congregation obliged him to retire into France. He was then taken into Mary's service, and continued with her till the time of her return to Scotland. From that period every step of his conduct towards her was remarkably dutiful. When Murray's proceedings with regard to her marriage gave umbrage to the Queen, she considered Both welt's zeal and abilities as the most powerful sujjports of her authority. When the conspirators against Rizzio seized her person, he became the chief instrument of recovering her liberty. Her gratitude loaded him with marks of her bounty, she raised him to offices of profit and trust, and transacted no matter of importance without his advice. At what precise time this am- bitious lord first allowed the sentiments of a lover to occupy the place of duty and respect that a subject owes his sovereign, or when Mary, instead of gratitude for his faithful services, felt a passion of another nature rismg in her bosom, it is no easy matter to determine. But the attention and complaisance of a man that had vindicated her authority and protected her person, entered into all her views, soothed all her passions,' and watched and improved every opportunity of com- mending his passion, could hardly fail in the long .5 run 336 HISTORICAL NOTES CONCERNING of making an impression on a heart of such a frame as Mary's. It was this intimacy with Bothwell, combined with her alleged complicity in tlie murder of the King, that in- censed the public mind against JMary. Bothwell iled for his life. ]\Iary sought refuge from her sister queen in England, and got protection of a kind which she did not expect. ]\Iean while she had executed a deed of abdica- tion, which was " subscrivit with our hand, and given under our privy seal, at Loch Leven, tlie 24th day of July 1567, and of our rayne the twenty-fifth year." On the 22nd of August the Earl of Moray was proclaimed Regent. On the 23rd January 1570 he was shot by James Hamilton of Bothwellhaua;h in the streets of Lin- lithgow; he was immediately taken to the palace, where he died at midnight. His corpse was conveyed to Stirling, and thence by water to Leith, and afterwards brought to Holyrood House. His funeral took place on the 14th of February in the High Church of St. Giles, where he was buried in St. Anthony's aisle. His successor in the regency was Matthew, Earl of Lennox. He established his headquarters at Leith, and his council chamber in the old tenement on the Coal Hill. It was decorated with a rose, the emblem of his connection with Henry YIII. of England, and the thistle for Scotland, A difference of opinion existed with reference to the precise situation of this council chamber, but Dr. Robertson, who took great pains to ascertain the truth about the matter, remarks: — "This build- ing — the council chamber of Lennox, Mar, and Morton — is situated on the ' Coal Hill,' and is even now not so inferior in external decoration as to make it in any way contemptible to the antiquarian observer. LEITH AND ITS ANTIQUITIES 337 In Its 'bright and palmy days' it must have been something far above the general class of buildings. I have compared it more especially with Lady Stair's celebrated house, and others in the High Street of Edinburgh, and have little hesitation in giving it the preference. It is not now to be seen in the same condition in which it was in 1835, when its interior, although divided and sub- divided, still gave indica- tion of former grandeur, sulficiently artistic to in- duce admiration. The ' Peat Neuk,' or Parliament Square, due south of this tenement, has in modern times been called Lennox's Council Chamber and Queen Mary's abode. These illusions we are necessarily compelled to dispel, as we are credibly informed that the ornate and highly decorated cornices in these now miserable tenements were executed under the order of a ship- master of the name of Maclure, about the year 1775, or a little later." The old council chamber of Lennox was removed some years ago, in accordance with a scheme of improvement. COUNCIL CHAMBER OF LENNOX, MAB, AND MORTON, COAL HILL. VOL. I. 2 2 338 HISTORICAL NOTES CONCERNING CHAPTER XXVIII KIRKCALDY OF GRANGE During the successive regencies of Lennox and Mar, Sir William Kirkcaldy of Grange was practically master of the situation, being in possession of the city and castle of Edinburgh. It was in this position that he had a quarrel with his old friend John Knox, which was brought about by the following circumstance : — John Kirkcaldy, a cousin of Grange, had gone to Dunfermline to act as a juror, when he was assailed in the justice hall by George Durie, son of Durie of that ilk, commendator of the abbey of Dunfermline, Henry Seaton, and others. John Kirkcaldy received a blow from a fist, when the presiding magistrate interfered to prevent bloodshed. Henry Seaton being afterwards seen in Edinburgh, Grange sent soldiers to truncheon him, but in no case were they to use their swords. They overtook him at the port of Leith on the point of embarking for Fife. He resisted, and, swords being drawn, he was killed. The news of this outrage reached Edinburgh before the perpetrators, and they were intercepted by a body of armed citizens. Five of them ultimately gained the gates of the castle in safety, but James Fleming was captured and lodged in the Heart of Midlothian. Grange thereupon left Edinburgh Castle at midnight LEITH AND ITS ANTIQUITIES 339 and beat down the doors of the Tolbooth, rescuing his dependant. (A tenement in Hillhousefield, Leith, was built from the material of the Old Tolbooth, or Heart of Midlothian, the colour and character of the ashlar of this tenement being similar to that which we find in the old buildings in the West Bow of Edinburgh. ) Three days after Fleming's rescue Knox preached strongly against this disorder. An account of this sermon was given to Sir William, who wrote a forcible reply, which was delivered by a soldier to Master Craig in the pulpit of St. Giles, with a request that he should read it " openly to the people." These wishes not being complied with, Grange obtained redress by apply- ing to the kirk session. In his complaint thereto, he charges the head of the house of Durie with " being the chief author of the death and destruction of my grandsire, the laird of Raith, and the ruin of his house." Knox made a sort of apology, but it was so unsatisfactory that, on a suljsequent Sunday, the knight marched into St. Giles' with the same retainers as had been engas;ed in Seaton's death and Fleming's rescue. Resenting Knox's remarks, which, like his glances, were levelled at himself, Kirkcaldy rose and rebuked his culumniator. But Kirkcaldy had more important duties to perform than prosecute a quarrel with a jjriest. He, as Calderwood informs us, " with his complices in the castell, did sease upon the most commodious parts of the town, reave victuals brought into Leith from the merchants, and provide all neces- sarie furniture to endure a long siege till supplie was sent from forrane nations." Having taken possession of St. Giles' he placed artillery beneath the arches of its crown, loop-holed its vaults, and thus turned the cathedral into a fort. He ft 340 HISTORICAL NOTES CONCERNING placed guards of soldiers on llie ports of the city, keeping the keys in his own lumds. He broke into the Tolbooth and Council Chambers, from which he ejected the city clerks and councillors, installing Sir Thomas Ker of Ferniehirst in the civic chair, and appointing his moss-troojsers his colleagues. While Kirkcaldy was thus strengthening the castle and preparing for a long siege, his brother, who was governor of Blackness, had gone to France with some of the Queen's jewels, where, having disposed of them, " he returned with morions, corslets, hagbuts, and wyne, whilk were conveyit saiflie from Lcithe by the horsemen of the toun." Maitland of Lethington landed sick at Leith, " the 10th day of April [1571] at night, and was carried up to the castle by six workmen with string and ling " {i.e. on a litter). On the 13th the Queen's lords with their adherents moved to the capital. The chief strength of that party lay in Kirkcaldy and Maitland, the foi-mer being regarded the most fortunate soldier, the latter the ablest statesman, in Scotland. That same day Kirkcaldy proclaimed war at the market cross of Edinburgh, liy hanging thereon a challenge offering to fight anyone on horseback or foot " who would assert that Lennox was lawful regent." On the 4th of May 1571, the Duke of Chatelherault having entered the capital with 300 men, the soldiers in the steeple " slappit all the pendis of the Kirk [of St. Giles] for keeping thairof againis my lord regent." About this time the Commission of Assembly con- vened at Leith, and a deputation was sent to the castle to arrange terms of peace ; but it was in vain. Burton says : — " Those inhabitants of Edinburgh who were not prepared to throw their lot into the Queen's party, LEITH AND ITS ANTIQUITIES 341 were gradually leaving the city. On the departure of some two hundred substantial burgesses, who took up their position with the King's party in Leith, a pro- clamation was issued confiscating their property if they did not return within twenty-four hours. Both the castle and the town of Edinburgh were thus isolated under the command of Grange. The King's party held their camp at Leith. They had the com- mand of the suburb of Canongate, lying between the eastern wall and Holyrood ; and they were sometimes called the lords in Leith, at others the lords in the Canongate. They held the approaches to the broken ground round Edinburgh, and were enabled sometimes to trouble their enemies by cannon mounted on the Calton Hill. " In the war, now inevitable, the first actual contest came off on the 20th of May. Morton had sent from Dalkeith a party to issue a proclamation in the King's name. On their return, as they passed the east end of the Burgh-muir, in the hollow below the ascent to Liberton, they met a party of some seven hundred sent by the garrison to intercept them. There was a fight, in which the Castle party were driven back. It was a small affair in itself, but held rank as the first brush in the bitter war round Edinburgh. From the place where it befell, it took the ignoble title of the battle of Lousie Law." Alarmed at the great preparations made for the defence of the capital by the Loyalists, the new Eegent ordered two of his captains, each at the head of a troop of one hundred and fifty lances, to beat up for recruits, and to impress those who would not volunteer into the King's service. The Earl of Morton also mustered a force from among his own vassals in and around the 342 HISTORICAL NOTES CONCERNING castle of Dalkeith, and, forming a junction with the troops of the Regent, encamped at Leitli. The Regent was bent on holding a Parliament in the capital, whence he wished its proceedings to be dated. The Estates accordingly assembled (24th May 1571) in the Canon- gate, round St. John's Cross, in the middle of the street, which, though without the walls, was neverthe- less within the liberties of the city. To protect this strange convention, and to " ding and siege the north- east quarter of the burgh," a battery was erected upon the " Dow Craig, above the Trinity College," a precipice on the south side of the Calton Hill, which overlooks the north-east end of the city. The Loyalists planted theirs in the Leith Wynd to answer the enemy's guns, and eighty-seven shot of the heaviest calibre were fired from the eastern curtain of the castle in tlic direction of the assembled lords. After having sat for four successive days, and declared all the Queen's adherents to be forfeited rebels and traitors, this Parliament broke up and retired to Leith. Thereupon Kirkcaldy sallied forth and burnt its place of meeting, the strength and height of the intervening houses having afforded a sufficient means of shelter from this cannonade. He also gave orders "to tir and tak down all the tymmer work of all houses in Leith Wynd and Sanct Mary's Wynd hurtful to the keipiug of this burghe," and caused the doors and windows of all the tenements on the west side of St. Mary's Wynd to be " biggit up and closit," and, in his anxiety to defend this important pass on a subsequent occasion, " causit all the houssis of Leith and Sanct IMarie Wyndis heidis to be tane down." The Loyalists convened their Parliament on the 12th of June 1571. Chatelherault, Huntly, Home, Sir LEITH AND ITS ANTIQUITIES 343 Thomas Ker of Ferniehirst, and many other barons met in the Tolbooth, from which, under a salute of cannon, and with the regalia of Scotland carried before them, they rode to the castle. Assembled in its council hall, they pronounced doom of treason and forfeiture against the Regent Lennox and two hundred peers and barons of the opposite faction, forbade any innovation to be made in the constitution of the Kirk of Scotland, declared the demission of Mary null and void, ordained that prayers be said in the churches for her Majesty the Queen, the Prince, her son, and all the nobility, and that all who refused to do so be debarred from preaching in public. Immediately after this, in consequence of certain x'eports which reached him, Kirkcaldy sent a gentleman \\ath the following challenge to the castle of Dalkeith : — " Whereas it has come to my ears that some wicked persons, from very malice bred in their ungodly breasts, have taken the liberty to utter the venom of their poisoned hearts to the prejudice of my honour . . . having by letters and reports given to the people untrue tales of me, calling me traitor and murderer, and special permitter of the slaughter of the Earl of Murray, our late Regent of good memory. Always for defence of my honour, which I will maintain against all living men, this I say, without exception of any person of whatever estate he be, that hath by writing, by speech, or otherwise, used such dishonest language of me as that before specified, he has dishonestlie, falselie, and mischevouslie lied in his throat. — William Kirkcaldy. From the Castell of Edinburgh, Monday, 12th June 1571." To this he received answer, after a round of abuse, in which his ancestors are styled " salt- makers, and his father of so base condicion that he held 344 HISTORICAL NOTES CONCERNING but eight oxgangs of land .... not the less /, Alex- ander Stewart, of Garlics, will ofier myself to prove thy vile and filthy treason, with my person against thine, as law and custom of arms require, with pro- testation that it shall not be prejudicial to my honour or my blood with such a leat prentit [recently created] gentleman manifestly known to have committed, at sundrie times, divers treasons, and taken out of the galleys to be given to the gallows. This cartell, for more security, I have subscrivit with my own hand at Leith, the 14th day of June 1571. — Alex. Stewart, of Garlics." The combat was finally arranged to be decided on the Gallow Lee, "vpon the 3rd day of Julij next, by nine houris befoir none, with lists properly adjusted, without interference from other parties, on the honor of knighthood, hand to hand, on horse or foot, armed with jack and spear, steel bonnet, haber- geon, plate sleeves, sword and whinger, the said being ordoure of Scottish armoure." The encounter did not come off, as "it was not deemed miet that Kirkcaldy should hazart the Queen's cause in person," an excuse which Garlics accepted. Among the lords in Leith the leading spirit was the crafty, cruel, and avaricious Morton. With a view to the surrender of the castle of Edinburgh he thought of a stratagem, of which Sir James Melville of Halhill, the uncle of Sir William Kirkcaldy, gives us the foUowincT account in his Memoirs : — " Ane of his [Morton's] devyces was to cause the consaill vot and direct the Erie of Bouchan to take me prisoner out of my awen house ; hot I was at a brydell in Forthall, wher the said erle cam, and with whom I went wdllingly, albeit I had frendis anew ther for the tym, that ofi'erit to chaise him bak again. Bot I wald not LEITH AXD ITS ANTIQUITIES 345 prejuge my just cause without purpos ; for the Erie Bouchan was of a discreet and crentill nature, and schew me that they had nothing to lay to my charge, bot to se gif I culd be ane gude instrument of concord ; and willit me when I wes in Leith to send up word to the castell of Edenbrough, and allege that my lyf wes in parell, incaice they wald not render it to the regent. I said that it was a bairnly taill, and marvelit of ther wisdome, that mycht knaw how my friendis of the castell would be angrier at me than they wer for not taking part with them. The lard of Grange wes not content when he hard that I wes tane ; for he knew how oft I had pressit and perswadit him to tak plain part with the regent, and how far I had raisonnit against the secretary and Sir James Balfour in ther proceedingis with the Quenis faction ; seing that sche was captywe in sic sort as neither mycht sche mak them help nor they hii-, bot that sche wald be the straitlyer gardit and kepit in England. That same nycht he sent down a woman out of the castell to Leith with a ticket [letter] to me, that he suld com that same nycht at midnycht, and releave me out of ther handis, and had sent that same woman to knaw how I was kepit, and wher I was logit. The lard of Grange had aponted a boit to ly at Granton ; and thocht to come sailen in to Leith heven as gif it wer a boit com ouer the watter ; and thocht caldly [skilfully] without a straik to com to my loging, and tak me out of my keper's handis, and pass up the watter again to a part wher he had horsmen in all rediness to carry me up to the castell with him. Bot I wald in na wayes consent therto, assuring him that I was in na danger and that my Lord of Bouchan had promysed me ay when I plesit to let me steall away ; quhilk I 346 HISTORICAL NOTES CONCERNING wald not do, but desyred daily to be tryed. For of a treuth I culd not se a raisoun to set up twa factions sa lang as the Quen was captyve, nor yet culd se any outgait for them that professit his autorite ; wha wald fayn have assisted the kingis lordis, bot wer not accepted, and therfor necessite drew them to defend themselves under the schadow of some autorite." This enterprise was abandoned for another. On learning that a Captain Wemyss, who was bringing eighty veterans, ti'ained as was their officer in the Danish wars, to augment Morton's army, was to sail from Kii'kcaldy with the intention of lauding in Leith, the knight of Grange instructed his brother Sir James and Captain CuUayne to intercept these reinforcements in the River Forth. Having seized a ship and four boats which were lying near Leith, Grange's men, to the number of 160, embarked and put to sea. They pursued the enemy beyond Inchcolm, where they took one of his ships, which had Wemyss's lieutenant and thirty soldiers on board ; but the other, in which were the captain himself and the remaining soldiers, got away safely to Aberlady. Here they came ashore and thence marched to Dalkeith, where they were hospitably received, though their host, Morton, was absent, having gone to meet them at Leith. Here he had been wait- ing with his retinue to cut off Sir James and his followers so soon as they should set foot on dry ground, until a small squadron of light horse (which Grange, who had been watching Morton's hostile movements, had sent to the relief of his brother) drove the Earl's troops at point of sword and lance into Leith. Sir James, however, who had thought that he could not land his men near Leith without the risk of a doubtful en- counter, had meanwhile sailed to Burntisland, and LEITH AND ITS ANTIQUITIES 347 thence under cloud of night to Cramond. Here they came ashore, and, passing Corstorphine Hill on their way, reached the castle in safety. A salvo of four pieces of its heaviest artillery gave them a joyful and jubilant welcome within its walls, and their prisoners were lodged with great glee in the Tolbooth. ^Mortified by the issue of this affair, ^lorton resolved on drawing the Loyalist troops into the open field. Accordingly, attended by all the vassals of his estates and by all the Regent's men of war, he marched out to the Hawkhill, where he put his men in battle array. Led by the Earl of Huutly, the Lords Claud Hamilton, Home, and Herries, the Queen's forces issued forth from the Watergate with two field-pieces to the Quarry Holes (in the London Road, as it is now called), and drew up in line at four hundred paces distant from the Hawkhill. Sir William Drury, the English ambassador, who had supped the previous night with Morton and now accompanied him, galloped between the lines to propose an amicable adjustment. His terms were so satisfactory that Huntly would have accepted them had not a point of honour remained to be settled — which party should be first to quit the field. It was arranged that each should leave the ground on a signal being given. The English knight now rode into the centre and threw up his hat. Huntly's followers wheeled round and marched back to the city, but those of Morton, instead of moving towards Leith, rushed down the hill on the unformed ranks of their kinsmen and countrymen. " On, on ! we shall soon see who keeps the field last," shouted Morton's horsemen as they charged the right fiank of the enemy, driving their scattered troopers in on their foot-soldiers, who, unable to withstand the impetus of their own and 348 HISTORICAL NOTES CONCERXIKO their pursuer's cavalry, turned their backs and fled. All pushed forward to reach the Watergate, from which they had sallied with the pomp and bravery of war. A pitiless slaughter meanwhile ensued. " On Morton's side was slain his new-cum Captain Michaell Weymes and ae soldior onlie," while fifty of the Queen's men lay dead on the narrow way to Edinburgh. All the prisoners, including Lord Home, Captain James Cul- layne. Ensign Alexander Boag, several gentlemen, and seventy-two soldiers, with two standards and two culverins, were brought in triumph to Leith. In the midst of this civil strife each party sum- moned its own adherents to a council — the Queen's meetinsT in the Tolbooth of Edinburgh in the middle of August, and the King's in the Tolbooth of Stirling on the 29th of the same month. To the latter assembly, and to give authority to its proceedings, Mar brought the infant King. Observing a rent in the ceilincr of the hall where the Estates of Scotland had convened, the royal boy remarked, " There is a hole in the Parlia- ment." These words were afterwards regarded as fore- telling the death of the Regent Lennox, which gave to this assembly the name of the Black Parliament, and was occasioned by the following circumstances : — On learning the insecurity with which the Regent and more than two thousand of his followers were quar- tered in Stirling, Kirkcaldy resolved on the capture of all the lords there assembled. The leaders he selected for the conduct of the enterprise were the Earl of Huntly, Lord Claud Hamilton, Buccleuch, Spens of Wormiston, and two otiicers, Calder and Bell. The last, a native of Stirling, who knew its every lane and alley, acted as guide. The detachment they com- manded consisted of three hundred experienced horse- LEITH AND ITS ANTIQUITIES 349 men and one hundred foot, the former carrying the latter on their cruppers. Before their departure, Kirk- caldy enjoined them to spare the lives of their prisoners, especially that of the Eegent. This little force rode out of Edinburgh on the evening of the 3rd of September. It made a feint of going to Peebles, which was so suc- cessful that it was reported in the enemy's camp at Leith that they meditated an attack on Jedburgh ; but favoured by the night they wheeled off in the direction of Stirling, which they entered in the grey of the morning, " without even a dog barking at them." The best policy to follow in such auspicious circum- stances was one of silence and secrecy. But Huntly and Hamilton were urged by private motives of revenge, and did not attend to Kirkcaldy's instruc- tions. They raised the alarm, crying out, " God and the Queen ! Think on the Archbishop of St. Andrews ! All is our O'svTL ! " Meanwhile the soldiers, sent to the different houses in which the King's lords were dwell- ing, took them prisoners, with the exception of Morton, who surrendered to Buccleuch, his near connection, only after fire had been set to his lodging. But his resistance, and the dispersion of the assailants in C|uest of booty, gave the townsmen time to recover themselves. At this moment Mar brought a party of musketeers out of the castle, and planting cannon on the walls of a house which he had commenced building on the castle-hill, and which is still called Mar's Work, he opened a heavy and unexpected fire on the Queen's men. Being already in disorder, they were struck with panic in the hour of victory, and began to flee. The scene was changed. Those who had been triumphant an instant before were glad to surrender to their own captives. Captain Calder, rendered furious by the sudden turn of events, 350 HISTORICAL NOTES CONCERNINO and determined that the Regent should not escape, came up behind and shot him in the back. Spens of Wormiston received the shot first in his own body, having thrown himself in front of Lennox. Morton and others rushed upon this brave young knight and hewed him to pieces, regardless of the almost breath- less entreaties of the dying Earl, who vainly implored them to " spare one who had risked life in my defence." The Queen's party retreated out of Stirling, leaving only nine slain and sixteen taken prisoners. Of this latter number was Buccleuch, whom Morton protected, saying, " Buccleuch, I will save you as before you saved me." But Bell was hanged, and Calder broken upon the wheel. Lennox, having died that same even- ing [4th Sept. 1571], was succeeded by the Earl of Mar in the regency. He took up his quarters at the old council chamber of Lennox on the Coal Hill at Leith, the Earl of Morton being appointed chief-lieu- tenant under the Regent. Leith, as being the seaport of Scotland's capital, and the landing-place of the ambassadors from France and England to the contending parties, was a town of great importance. It was seized and refortified by Morton, who commanded the forces of the King's party, of which it became the headquarters. The following Act of Parliament was passed summoning the King's lieges to meet at Leith for the besieging of Edinburgh : — "7th Sept. 1571. . . . That thai addres thame to convene and meit my lord Regentis grace at leyt vpoun ye first day of October nixtocum : And to await and attend as thay salbe commandit for furthsetting of cure souerane lordis auctoritie and service in asseging of the burgh of Edinburgh. . . ." (Acts of Parlt. of Scot, vol. iii. p. 70a.) LEITH AND ITS ANTIQUITIES 351 All those who disobeyed this order were sentenced to underlie the law for their abiding at home from the raid at Leith. The manner in which several of the absentees were treated will be seen in the Ai^pendix. Among those who obeyed this summons to repair to the camp at Leith and declare in favour of the Kino- was Gilbert, Earl of Cassilis. "rth Sept. 1571.— The quhilk day, forsamekle as my Lord Eegentis Grace, with avise of the Lordis of our Soverane Lordis Secrete Counsell, having sene the act maid at Leith the nynt day of Julii 1571 yeris, in effect proportis that umquhile my Lord Eeo-entis Grace, with avise of Secrete Counsell, commandit the Capitane, Constable and Keparis of the Castell of Dumbertane, to put Gilbert Earl of Cassilis to libertie furth of the said Castell, the said Erie first enter and his brother in the Castell of Striveling. ..." {Reg. P. C. of Scot., vol. ii. 13. 79.) He had been a conspicuous figure amono- the nobility who had joined the English faction when he was released from his exile in England, which followed his capture at Solway Moss. He was afterwards an adherent of Mary Queen of Scots, whose cause he had deserted from motives of self-interest. But it mattered little what side he took in the politics of the day, since he was too powerful a nobleman for his peers to call his conduct in question. The extraordinary act of bar- barity by which he acquired the lands of Crossraguel Abbey from Allan Stewart, its last abbot, is an instance of the unbounded sway he wielded in that district, on account of which he is sometimes called King of Carrick. " Leith, 3rd March 1571. — My Lord Eegentis Grace and Lordis of Secreit Counsale, considering the present variance and contraversy standing betuix Gilbert Erll 352 HISTORICAL NOTES CONCERNING of Cassilis, Lord Kennedy, and Thomas Kennedy of Bargany . . . and willing to remove all occasioun of fardcr displeasour . . . [that] the kingis service mycht the better be set furthwart, . . . ordains that the said Erll, with Thomas Master of Cassilis, his broder, and the said Thomas Kennedy of Bargany, with Master Allan Stewart, Comniendatare of Corsraguell, sail compeir befoir my Lord Regentis Grace and Lordis of Secreit Counsale at Leith, the tent day of Apryle ; . . . and als ordanis Hew Kennedy of Balquhany, befoir he depart furth of this toun of Leyth, to find souertie and lawborrowis for the said Erll of Cassilis, under the pane of twa thowsand pundis, and for the said Hew, under the pane of ane thowsand pund that Maister Allan Stewart, commendatare of Crossraguell, salbe harmeles and skaythles of the saidis erll, and Hew, and all utheris that thai may let, bot as law will, bot fraude or gyle." {Reg. P. C. of Scot., vol. ii. p. 124.) But these measures proved of little avail, the Government being too weak to bring the Earl to justice ; and he continued to draw the revenues of Crossraguel, out of which he gave the scorched abbot the means of living. Leith became the seat of civil government and of the tribunals of justice. All macers, officers, and Serjeants appointed for serving in the Courts of Justice, unless they were forfeited by law or excommunicated by the Church, had to compear, remain, and attend in Leith upon their several and respective offices, charges, and functions until the 20th of December, the day on which the Courts of Justice ordinarily rose, under pain of loss of their offices. " Leith, 23 October 157L — . . . The Sessioun LEITH AND ITS ANTIQUITIES 353 and Commissary sail sitt and be haldin within the tolbuith of the toun of Leith, lyke as thay ar already convenit for administratioun of justice to all and sindre quhom it efferis ; . . . ordanis letters to be direct to officiaris of armes, Shereffis in that part, charging thame to pas to the mercat croces of all burrowis of this realme and utheris places neidfull . . . and thair be oppin proclamatioun . . . mak publication and intimatioun of the premissis ; . . . and als to command . . . that thay prepair and adres thameselfis to the said toun of Leith quhair justice salbe ministrat to thame, conforme to the lawis of this realme. ..." {Reg. P. C. of Scot., vol. ii. p. 91.) " Leith, 23 October 1571.— . . . It is thairfoir thocht expedient resolvit and coucludit, that all administra- tioun and courtis of justice, quhilkis of befoir had wont to sitt and be kepit at Edinburgh, sail now and in tyme cuming sitt and be kepit within the toun of Leith in the tolbuith thairof . . . and all maseris, officiaris and serjandis appoyntit for serving thairin, quhilkis ar not forfaltit be law or excommunicat be the kirk, salbe warnit to compeir, remane, and attend in the said toun of Leith upouu thair particular offices, chargies, and functionis respective, in maner and within the tyme following . . . that thay and every ane of thame repair to this toun of Leith, and thair remane and attend upoun thair particular offices and chargies, and nawyse depart without licence quhill the XX day of December nix-to-cum, quhilk is the ordinar tyme of rising of the Session and all courtis of justice, and that within the spaces respective following. That is to say, all and every of the saidis personis being at the publicatioun heirof within the boundis of the sherefdomes of Edinburgh principall, and within VOL. I. — 23 354 HISTORICAL NOTES CONCERNING the constabulary of Hadingtoun, Linlythgow, Strive- ling, Clackmannan, Kinross, and Fyff, to be in Leitli with all possible diligence at the farthest within sex dayis heireftir ; and sic utheris as presentlie ar in iither partes of the realme, to be in Leith at the fixrthest befoir the tent day of November nix-to-cum, under the pane of deprivatioun of thame from tliair places, offices, chargies, and fuuetionis foirsaidis, and to be repute and haldin favouraris, assistaris, and par- takers with the saidis declarit traitouris. . . . " And to the end that this conclusioun may tak full effect and be put in executioun, my Lord Regentis Grace, with avise of tlie Lordis of Secrete Counsale, ordanis and commandis the lauchfuU provest, baillies, and dene of gild of the burgh of Edinburgh, now remaning at Leith, to put in roll the names of all personis, alsweill merchandis, craftismen, and utheris inhabitantes of the said burgh of Edinburgh . . . and als to command and charge all and sindre awners, niaisters, skipparis, and marinaris, of schippis, alsweill of this port of Leith as utheris portes of this realme, that nane of thame tak upouu hand to ressave within thair schippis or veschellis ony of the saidis personis or thair guidis, outher to be careit furth of this realme or to be brocht liame to the same without that immediatlie thaireftir thay gif knawlege of the same to the dene of gild of Edinburgh remaning in Leith . . . that na skipper in his furthpassing ressave in his schip merchandis nor na passingers, quhill first thay compere befoir the said dene of gild of B]dinburgh remaning at Leith And becaus the burding of the service and charo-eis of the burgh of Edinburgh o o o lyis upoun the schulderis of a certane of the maist honest and best affectit, quhilkis hes dedicat thame- LEITH AND ITS ANTIQUITIES 355 selffis to avance and set furthwart the caus of his Hienes alsweill with thair awin bodyes as guidis, and for that effect makis thair continewall residence at Leith, leifand thair awin trafficque, handilling, and occupationis, in respect of the publict service and commoun caus of our said Soverane Lordis obedience. . . . Thairfore ordanis letters to be direct to command and charge all and sindre the inhabitantis of the said burgh, . . . that thay and ilkane of thame within ten dayis efter the publicatioun heirof repair to the toun of Leyth personalie, and mak plane professioun of thair obedience to the Kingis auctoritie, in sic sort as thair nychtbouris dois quhilkis presentlie makis actuale residence in Leith ; and on nawyse to depart furth of the same toun of Leith outher in the cuntrie or furth of the realme, quhill God put end to the present troublous state thairof, — without thay have my Lord Eegentis Grace licence grantit eftir cognitioun of thair behaviour. . . . Mairattoure in sa far as the said burgh of Edinburgh is still fortifeit, the libertie thairof opprest, and the honest merchandis, craftismen, and utheris inhabitantis principalie remaning at Leith — quhair ressoun wald thay u.sit thair trafficque and occupationis without lett and hiuderance alsweill in bringing thair guidis to Leith as in transporting of the same to the cuntrie ; thairfore my Lord Eegentis Grace, with avise of the saidis Lordis of Secrete Counsale, hes committit to the saidis provest, baillies, and dene of gild of Edinburgh now remaning in Leith, and to sit as thay sail depute and ordane, full power of visita- tioun and serching of all merchand guidis that heirefter salbe careit furth of this toun or be brocht in at ony portis of the same. And for that effect that thay keip and attend upoun the saidis portis on the daylicht 356 HISTORICAL NOTES CONCERNING . . . with power to fense, afiirme, hald, and coiitiuew court or courtis of justiciarie to that effect within the tolhuith of Leith . . . discharging all capitanis, alsweill of horsmen as futemen and all men of weir serving under thair charges, of all calling or intro- missioun with the saidis inhabitantes of Edinburgh or thair gudis within this toun of Leith at the portis thairof or outwith the same ; . . . that alsweill the personis as the guidis of the saidis rebellis inhabitantes now being in Edinburgh, be subject to the jurisdictioun and triall of the saidis provest, baillies, and dene of gild of Edinburgh now remaning in Leith . . . And likuise that na mauer of persoun of the inhabitantes of Edinburgh now remaning in Leith pay stent or furneis money to the saidis rebellis and declarit traitouris now abiding in Edinburgh." {Reg. P. C. of Scot., vol. ii. p. 85.) In terms of these instructions law-suits were heard, criminal cases tried, and other legal business transacted in the Tolbooth of Leith. Thus, too, John Kyle, a smith (of whom more may be heard in this History of Leith), stands caution for David Bell's good behaviour. "Leith, 25th November 1571. — Obligation, Johnnc Kyle in Leith that ' twa half polkis of waid intromitted with by David Bell in Leith ' shall be forthcoming to Johnne Carwod soldier." {Reg. P. C. of Scot., vol. ii. p. 97.) LEITH AND ITS ANTIQUITIES 357 CHAPTER XXIX THE SIEGE OF EDINBURGH, AND DEATH OF KIRKCALDY Speedily filled with a mob of infuriated partisans, Leith very soon presented a scene of licentious turbu- lence. Shortly after the Parliament held in the Canongate, certain burgesses of Edinburgh, to the number of two hundred, retired to Leith, and there remained, and, " taking plain part " with the King's faction, formed themselves into a corps, which had Adam Ferguson for its captain, with an ensign under him. "Thereafter all the inhabitants of Edinburgh who profest inmitie to the Queyn, left their awn houssis in Edinburgh and past to Leyth, and erectit an ansenzie of thair awn to invade the toun wherein thai freely dwell, nather intending to spayre thair ordinar nychtbouris or kyndlie kynsfolk. There was sent doun a drummer from Edinburgh to Leith to demand if they would fight fyftie against fyftie. When those in Leith offered to fight in the Kingis action, the others refused." The Provost and Magistrates, at their courts of justiciary within the Tolbooth of Leith, exempted from punishment a violent soldiery, who intermeddled with the goods and molested the persons of the inhabitants of Edinburgh, all of whom were declared traitors and forfeited rebels. 358 HISTORICAL NOTES CONCERNING Many such abandoned their homes and occupations. Ministers forsook their parishioners, and neglected either to preach or pray in public. The whole kingdom of Scotland was divided into four great quarters, each of which had to take its turn of attendance in Leith. By and bye that town became the resort of vagabonds, against whom edicts were issued by public proclama- tion in the King's name, " that na persons hant or come to Leith unless they remain therein under pain of punishing their persons." Counter proclamations were made in the Queen's name at the " Mercat Croce " of Edinburgh, commanding all and sundry the in- habitants of the burgh who have lately departed furth of the same to resort and repair thereto within twenty- four hours, under pain of confiscation of their goods and punishing of their persons to the utmost rigour, if they be apprehended." Besides the miseries to which the people of Leith must needs have been subjected on this occasion, it is probable that their situation w^as rendered still more wretched by the circumstance of the especial favour in which they had been held Ijy Queen Mary, as well as by their long-maintained feudal connection with the barons of Restalrig, the last of whom followed the fortunes of the knight of Grange to the very end. Its unfortunate inhabitants were made to feel the effects of the resentment of the violent faction who were now masters of Leith. Consequently when — " Leith, 12th December 157L — Helen Mowbray and her husband represent that certain inhabitants of Edinburgh are erecting shops and booths on their lands in Leith, my Lords, ' considering the present necessity of the honest men of Edinburgh now debarred from their ow^n dwellings,' decern that the building of LEITH AND ITS ANTIQUITIES 359 these shops shall not be at present impeded, but that it should not be prejudicial to the privilege of the burgh of Edinburgh, nor to the right of the said Helen." {Reg. P. C. of Scot., vol. ii. p. 101.) In October 1571, the fortifications of Leith having been strengthened, the Eegent began to lay out a regular fortress or fortified camp at Leith. At the same time the siege of Edinburgh began, and from that time to the 15th July 1572 Scotland was the scene of one of the bitterest civil wars on record. The Regent brought nine pieces of heavy ordnance from Stirling to Leith, and formed trenches at Craigend, Canongate, and West Port. Edinburgh, on the other hand, was defended from the castle, St. Giles' steeple, and the Kirk of Field. " The Regent's men planted their ordnance on the Dow Craig, from whence they schott at the men of warre in the duty blockhouse within the wall of Leith Wynd. Captain Gibson, captain of the steeple, and one called Kirkcaldie, who before had danced at the cocke of the steeple, were slaine." Morton, however, appears to have run short of ammunition, and he and his troops had to seek shelter within the walls of Leith. The refugees from Edinburgh denizened at Leith had been allowed to visit their voluntarily relinquished homes, and save or remove their goods. This liberty gave rise to a constant traffic between the two towns, which was beneficial to the besieged and prejudicial to the besieging party. Accordingly, on the 13th December, an order was issued by the Regent and Lords of Secret Council, which declared that the effect of "all licences grautit to quhatsumevir per- sonis for passing and repairing betuix this toun of Leith and Edinburgh should ceise in all tyme cuming 360 HISTORICAL NOTES CONCERNING eftii- Sonday, at nyclit, the xvi day of December instant. " Leitli, 13 Dec. 1571. — Forwamekle as my Lord Kegeutis Grace and Lorde.s of Secrete Counsale, under- standing that the Kingis Majesties cans and service is greatlie hinderit and skaithit throw the frequent resort of people betuix thi.s toun of Leith and Edinburgh, sum of the inhabitant es thairof that actualie assistis and accumpanyes the rebelli.s and dissobedient subjectis l)eing thairin cuming to Leith and utheris partes of the cuntrie as gif thay had committit na offence, and utheris of befoir withdravvin to Leith now makis commoun traliicque, passand to and fra Edinburgh under a coloret pretense of saulffing and transporting tliair gudis being thairin ; for remeid quhairof my Lord Eegentis Grace, with avise of the saidis Lordes of Secrete Counsale, hes callit bak. renuncit, and dis- chargit simpliciter, all licences grantit to quhatsumevir personis, for passing and reparing betuix this toun of Leith and Edinburgh, decernand the eftect thairof to ceise in all tyme cuming efter Sonday, at nycht, the xvi day of December instant ; commanding and charging all and sindre our Soverane Lordes liegis, men of weir, and utheris, that sail apprehend ony passingeris, wemen and barnis of quhatsumevir qualitie, outlier duellares in Edinburgh or Leith or ony utheris passand betuix the townis or resortand to Edinburgh by ony indirect ways, that thay tak them prisoners and deliver thame to the provost marcheall. ..." {Reg. P. C. of Scot., vol. ii. p. 102.) The burgh of Edinburgh remained in the hands of the Queen's party. Thi.s circumstance was the source of much trouble and annoyance to the opposite faction, who, in consequence, resolved to make themselves LEITH AND ITS ANTIQUITIES 361 masters of the burgh, and to punish those who held it against the King's authority. That the innocent might not be confounded with the guilty, and that no person might pretend ignorance, a proclamation was issued commanding all the inhabitants of Edinburgh to quit it within twenty-four hours with all their goods, " bag and baggage ; " but they were in nowise to come within four miles of any place where the camp of the King's party might happen to be. The order for this proclamation bears date, Leith, 6th October 1571, and runs as follows : — " [My Lord Kegentis Grace and Lordis of Secrete Counsale] ordanis ane officiar of armes to pas to the peir and schoir of Leith, Girth Croce of the Cannogait, and utheris places neidfull, and thair be oppin pro- clamatioun in our Soverane Lordis name and auctoritie, command and charge all and sindrie personis inhabi- tantis of the said burgh of Edinburgh and utheris presentlie being thairin, to repair and cum furth of the samen, with their bag; and bag-gage, within 24 hours nixt efter thay be chargeit thairto ; under the pane to be persewit as plane partakeris and assistaris with the declarit traitoris, etc., with all rigour and extremitie . . . providing alwyse that sic as removis and cumis furth of the said toun on na wyse cum nor repair to this toun of Leith nor na uther pairt quhair the army and camp sail remane, be the space of four myles, without licence obtenit thairto, under the pane of confiscatiouu of all thair movable guidis to our Soverane Lordis use, and making of thame selffis as prey to thair takeris quhatsume%'ir. ..." {R^g- P- C. of Scot., vol. ii. p. 93.) Morton, the general of the King's forces, conceived the idea of cutting off Edinburgh from the outer world. 362 HISTORICAL NOTES CONCERNING All provisions going to the capital, together with the persons, horses, and carts that conveyed them, were seized and lirought to Leith. The very peasantry in its neighbourhood were driven from their houses and lands, and pressed into the King's service by this feudal tyrant. He also formed a chain of forts along the south side of the Firth of Forth for the purpose of dissevering Edinburgh from the rest of Scotland, of which it was the metropolis. Severe enactments were made forbidding all owners, masters, skippers, and mariners to land and unload their vessels on the south bank of the Forth at any port " be-west Leith " ; and disobedient subjects of the King were not to be taken across the Forth in the ferry-boats. "Leith, 26 Nov. 1571. — My Lord Regentis Grace ordanis the maser of Counsale ... to pas, . . . com- mand, and charge all and sindre, skipparis, maisteris, and marinaris of schippis and crayaris, quhilkis ar laitlie arrivit in this Firth . . . that nane of thame tak upoun hand to loise ony of the saidis wynis and guidis, upoun ony part of the sowth syde of this coist bot upoun this Peir and Schoir of Leith allanerlie, without leif askit and obtenit of my Lord Regentis Grace thairto, under the pane of tressoun. And siclike, to command and charge all and sindre skipparis . . . that nane of thame ressave within the same, furtli of the saidis schippis or creai'is, ony of the saidis wynis or utheris guidis, for transporting of the samin to quhatsumevir part or partes of this south syde of Forth, under quhatsomevir cullour or pretens, bot to the said Peir and Schoir of Leith, under the pane foirsaid ; certefeing all and quhatsomevir personis tliat disobeyis the premissis or ony part thairof, thair guidis sal be confiscat and intromettit with, and thair awin LEITH AND ITS ANTIQUITIES 363 personis usit and demaint as traitouris to the deid with all rigour and extremitie, in exemple of utheris. . . ." {Reg. P. a of Scot, vol. ii. p. 97.) "Leith, 21 Dec. 1571.— Obligation, Thomas Glen in Leith that Johnne Tod in Abirdour shall compear when warned, and that he will not carry any dis- obedient subjects across the ferry; and the said Johnne and James Scott and William Cant, partners of the said Johnne's boat, oblige them to relieve the surety." {Reg. P. C. of Scot., vol. ii. p. 103.) The heavy restrictions that were laid on the ships arriving in Leith and other ports of Scotland were sources of vexation as well to the legislators as to the lieges for whom they legislated. The following are examples of the summary way in which the Lords of Secret Council decided disputed cases : — James Mathesoun, skipper of the ship called the Margaret, arrived in Leith with a cargo of wines which had been consigned to David Endioch, buroess of Aberdeen, from Bordeaux. He is unwilling that the goods, which should be delivered at Aberdeen in terms of the charter party, should be unloaded at the port of Leith. The admiral's officers having seized the ship and detained it at Leith, James Mathesoun presented a supplication to the Lord Kegent and Lords of Privy Council, on which the latter gives the following deliverance : — "Leith, 17 March 1571. — The Lordis of Secrete Counsale understanding that, albeit the saidis wynis wer sauld within this toun, als greit profFeit sail re- dound thairof to the saidis awnaris as gif the same wer usit and sauld be thame at thair pleasour ; and forder, havand consideratioun, that gif the saidis wynis beis transportit to Abirdene according to the said 364 HISTORICAL NOTES CONCERNING charter partie, that our Soverane Lordis declarit traitouris, rebellis, and conspiratouris being thairin, and utheris partis tliairabout, salbe furneist thairwith, the samyn toun being preseutlie under thraldome and tyranne. And thairfoir decernis and ordanis the same to be loist, and the said David to mell and intromet thairwith, alsweill with his awin part, as with the utheris, his partiuaris, absent ; and to place and put the same in sum sure sellar or hous, thair to remane upoun the expeussis of the self quhill the same may be sauld be him within the toun of Leyth ; and the money and pryces thairof to be furthcumand and deliverit be him to the awnaris of the samyn. And declaris that he sail incur na skayth nor dangeare thairthrow, dis- chargeiug the saidis awnaris of all calling or persemng of the said David for the saidis wynis, and of all actioun quhilk thay or ony of thame may have aganis liim thairfoir ; reservand alwayis actioun to thame for the pryces thairof allanerlie, as the samyn commounlie is sauld for within the said toun at this present; attour, the saidis Lordis, for certane caussis moving thame, hes decernit and ordanit the said James to difleis to the awnaris of the saidis wynis the sowme of X s. money of this realme of the fraucht of every tun of the samyn. . . ." {Reg. F. C. of Scot., \o\. ii. p. 129.) " Anent the sujjplicatioun pi'esentit to my Lord Regentis Grace and Lordis of Secrete Counsall be Edward Elwod merchand of Newcastell in England, makand mentioun — that quhair laitlie he tuik to fraucht ane ship callit the ' Cuthbert,' from the New- castell to the port and haviii of Leith in Scotland, heving thairin fourtene hundreth and ane half scheip skynnis, to have sauld the samyn in the toun of Leith to cure Soverane Lordis liegis. . . . And now sensyne LEITH AND ITS ANTIQUITIES 365 arryvand with the same guidis within the haviii of Leith, quhair he first proposit to have sauld the samyn, hes saidis custumes ar renewit upoun him, and he chargeit be Robert Watsoun, custumar in this part, to mak now pament to him thairof ; . . . And anent the charge gevin to the said Alesoun Orrok and Robert Watsoun, to compeir befoir my Lord Regentis Grace and Lordis of Secrete Counsall at ane certane day bigane, to answer to this complaint . . . my Lord Regentis Grace and Lordis foirsaidis fiudis, that the said Edward aucht to pay his custumes of the saidis guidis to the said Alesoun for his inpassing and lossing of the samyn at Brintilaud, . . . and as for the custum ressavit be the said Alesoun fra the said Edward for his outpassing with his saidis guidis, decernis and ordanis hir to deliver the samyn to him agane, becaus it is alsua understand to my Lord Regentis Grace and Counsall that the samyn guidis war shippit at the port and havin of Leith. . . ." {Reg. P. C. of Scot., vol. ii. p. 145.) Thus isolated from the rest of the world, and hemmed in by an enemy ever on the alert, the citizens of Edinburgh who remained true to the Queen depended for the necessaries of life on the brave sallies they made outside of their beleaguered walls. Frequent skirmishes between the contending factions followed as a natural result. "January 1571-72. — Lord Maxwell being con- tracted in marriage to a sister of the Earl of Angus, the lady's relation, the Earl of Morton, proposed to give a banquet on the occasion at Dalkeith Castle. The wine required at the feast was to be brought in carts from Leith, together with some venison and a quantity of silver-plate. Kirkcaldy and his friends in 366 HISTORICAL NOTES CONCERNING the castle hearing of this, sent out a party of horse, which surprised Morton's servants, and took as spoil the materials of the proposed banquet. Morton, who, it was said, smarted more from the loss of the plate than the killing of a few of his servants in the struggle, immediately sent a party to requite Kirkcaldy's attack l)y laying waste his estate in Fife. Kirkcaldy, again, repaid these attentions by sending a party a few nights after to set fire to the town of Dalkeith. On this occasion he killed ten of Morton's people, and took nine prisoners. ' In their return (they) perceived fifty-sax horses from Dalkeith to Leith passing, laded with ale ; they brake the barrels, and made prey of the horses, and brought into Edinburgh many kye and oxen forth of that lordship for supply of their scant and hunger. — H. K. J.' These three scuffles went all under one name, and were ever after called ' Lord Maxwell's Handfasting.' " {Dom. An. of Scot., vol. i. P- 78.) The prisoners were diflerently disposed of by either faction. While the party in Edinburgh com- mitted theirs to the Tolbooth, the party in Leith left theirs in the hands of their captors, but took measures for their strict detention. The names of all prisoners were entered in a register, and their captors were held responsible for their appearance when they were required to stand trial. On finding caution, they were let out on bail. "Leith, 28 September 1571. — Johnne Pennycuke of that Ilk, Androw Murdestoun, and Andro William- soun, burgesses of Edinburgh, surety that Johnne Spens, burgess there, remain at Pennycuke, and have no dealings with the rebels ; Murdistoun and William- soun discharged of former act of caution for Spens to LEITH AND ITS ANTIQUITIES 367 be warded with Archibald Pennycuke in Leith." {Reg. P. C. of Scot., vol. ii. p. 93.) "Leith, 3 October 1571. — Robert Lawsoun of Humby, and James Bannatyne of Pendreich, cautioners for James Borthuik, entered him within my Lord- Lieutenant's lodging in Leith." {R^^g- P- C. of Scot., vol. ii. p. 93.) "Leith, 8 November 1571. — David Wadie, Johnne Wadie, Thomas Glen, in Leith, William Mudy and Johnne Ramsay, burgesses of Edinburgh, sureties that Thomas Norwell, also burgess there, remain in the town of Leith at the Regent's will." (Peg. P. C. of Scot., vol. ii. p. 94.) "Leith, 21 December 1571. — Patrik Cogiltoun in Leith obliges him that Walter Malville in Grantoun shall remain in the house of Bessy Clappertoun in Leith until relieved. " Patrik Congiltoun in Leyth surety that Walter Melvile in Grantoun shall appear before the Council when required." (Peg. P. C. of Scot., vol. ii. p. 103.) "Leith, 25 December 1571. — My Lord Regentis Grace, &c., ordanis thairfoir an officiar of armes to pas to the Peir and Schoir of Leith and utheris places neidfuU, and thair be oppin proclamatioun in our Soverane Lordis name and auctoritie, command and charge all and sindre his Majesties liegis and subditis quhatsumevir, quhilkis hes takin ony presoners and hes tharae in thair handis or keping, or lettin thame to band upoun promise to entir agane . . . that thay incontinent call for thair entrie, and be reddie to present thame befoir my Lord-Lieutenant within his awin ludging in Leyth, upoun Fryday uixt the xxviii day of December instant, at ten houris afoir noon, that 368 HISTORICAL NOTES CONCERNING ordour may })e takin with tliame as appcrteiiis. . . . And siclike to command and charge, all and sindre personis quhilkis hes ony presoneris within this toun of Leith not yit lettin to libertie, that thay on na wayis suffer thame to have thair lil)ertie or frie passage up and doun this toun ; bot to kcip thame in sure houssis quhill [till] thay be presentit the day foirsaid, as they will answer upon thair charge and perill." {Beg. P. C. of Scot, vol. ii. p. 104.) "Jedburgh, 12 February 1571.— Will Oliver in Lustruther plege for certain Olivers in Dykeraw . . . William Dowglas of Bonjedburgh and Richard Euther- furde Provest of Jedburgh being cautioners for the entry of the said plege in Leyth." {Hcg- P. C of Scot., vol. ii. p. 118.) "Leith, 15 February 1571.— The quhilk day the inhabitantis of Hawick comperand before my Lord Eegentis Grace and Lordis of Previe Counsale, thir four persons, . . . wer ordanit to remaue in Leyth quhill ordour wer takin with thame, and . . . l)ecome souirtie for thame to that effect." {Peg. P. C of Scot., vol. ii. p. 119.) The Lords of the Congregation having a suspicion that there was still a large traffic being carried on be- tween Leith and Edinburgh through the Canongate market, they ordained that the latter be closed. "Leith, 27 February 1571.— Anent the supplica- tioun presentit to my Lord Eegentis Grace and Lordis of Secreit Counsale be the provest, baillies, counsale, deaconis of craftis and utheris inhabitantis of the burgh of Edinburgh, our Soverane Lordis obedient and trew subjectis, now be tyranne expellit frome thair awin dwelling-houssis within the said burgh, and attending heir at Leyth upoun his Hienes service. LEITH AND ITS ANTIQUITIES 369 Because it is considerit that the rebellioun and publict troubles hes the langar continewance be ressoun of the dalie trafficque, practize, and intelligence betuix Edinburgh and this toun of Leyth, throw the greit resort of suspitious travellaris under cuUour of licencis and otherwayis, and throw the marcat sufferit in the Cannogait, . . . thairfoir, yit as of befoir all passing with men, wyffis, or bairnies betuix Edinburgh, the Cannogait, utheris suburbis, and Leyth is, be vertew of this present Act, prohibit and utterlie dischargeit, nochtwithstanding ony former licences grantit heirto- foir, the effect quhairof is simpliciter suspendit be thir presentis. ... It is forder concludit and resolvit that na licencis to be grantit eftir the dait heirof salbe past prevelie, or have fayth and admissioun quhair thay ar schawin without the licence be grantit upoun a supplicatioun presentit in puljlict Counsale, and subscrivit first be the Eegentis Grace, and thaireftir be the Clerk and alsua be the dene of gild of Edinburgh now remaning in Leyth ; . . . and that na marcat be kepit in Cannogait heireftir, nor na victuallis, nor coillis transportit theirto nor to Edinburgh. . . ." {Reg- P- C. of Scot., vol. ii. p. 120.) " It was a heavy matter," says a chronicler of those days, " to show the oppression done by the party in Leith to the poor commons about Edinburgh. It caused all the inhabitants of the Canongate to come to Leith. The wealthiest of them were put in prison, because they refused to pay stent [taxes] to the Regent. Ail who dwelt within two miles of Edinburgh were evicted from their lands and houses in case they should supply it with provisions, and if caught in the act of doing so farmers and carters were hanged, their wives VOL. I. — 24 370 HISTORICAL NOTES CONCERNING were drowned, and their children branded on the cheek with a hot iron." These severities made Morton execrated hy tlie people. The affairs of Queen Mary were, neverthe- less, in a prosperous way. Her supporters had triumphed in the north ; were masters of the principal city and strongest fortress in Scotland ; had defeated Lord Semple in the west ; and, through the agency of Sir Thomas Ker of Ferniehirst and his moss-troopers, had carried all before them in the south. A raid was in consequence proclaimed against this Border chief (My Lord Regentis Grace and Lordis of Secreit Counsale), " 12 February 157L — Ordanis letters to be direct to officiaris of amies, chargeing thame to pas to the Peir and Schoir of Leyth, and to the mercat croces of the burrowis of Hadingtoun, Dunse, Lawder, Jedburgh, Selkirk, Pebles, and utheris places neidfull, and thair be oppin proclamatioun command and charge all and sindry our Soverane Lordis liegeis dwelland within the boundaries of the Schereffdomes of Edin- burgh principal, &c. . . . betuix Ix and xvi yeiris and utheris fensabill personis, alsweill dwelland to burgh as to laud, within regalitie as rialtie, that thai, weill-bodin in feir of weir with sex dayis victuallis eftir thair cuming address thame to be at the burgh of Jedburgh within the s^^ace of xxiv houris eftir the publicatioun of the saidis lettres and thair to attend upoun William Lord Ruthven, thesaurer to our Soverane Lord, and Lieutenant to his Hienes, as thai salbe commandit, for defence and preservatioun of the said burgh and inhabitants thairof, and uthiris our Soverane Lordis gude subjectis, or invasioun of the saidis rebellious and disobedient subjectis, under the LEITH AND ITS ANTIQUITIES 371 pane of tinsell of lyff, landis, and guidis." {Rey. P. C. of Scot., vol. ii. p. 116.) "Leith, 21 January 1571. — Anent oure Soverane Lordis letters rasit at the instance of the prove.st, baillies, counsall, and communitie of the burgh of Jedburgh, makand mentioun ; that quhair certane thair nychtbouris of the said burgh namyt . . . and utheris, being upoun Thurisday last bipast the tent of this instant, cumand fra the said burgh to this toun of Leyth with four pakkis of skynnis pertening to the said . . . wes tane be the way at the cobill of Dryburgh, be Robert Ker of Wodheid, &c., and had bak with thame to the said Robertis hous in Anerum quhair thai put and kest thame in the pit thairof, . . . thay being his Majesteis fre liegis, commitand na offence, bot onelie passand out the hie way fra the said burgh to this toun of Leyth as puyr travellouris in sobir and sympill naaner. . . . And anent the charge geviu to the saidis Robert, &;c. ... to put the saidis personis to libertie and fredome within thre dayis nixt eftir the charge under the pane of rel)ellioun and putting of thame to the home ; and siclyke to compeir personalie befoir my Lord Regentis Grace and Lordis of Seereit Counsall at Leyth, or quhair it sould happin thame to be for the tyme, this day, and at this same day to have brocht and presentit befoir my Lord Regentis Grace and Counsall the saidis personis wranguslie detenit be thame in captivite." {Reg. r. a of Scot., vol ii. p. 110.) "Leith, 13 April 1572. — Forsamekle as my Lord Regentis Grace and Lordis of Seereit Counsale, con- sidering that not onelie ar the troublis the langar, bot the greittar confusioun remanis within this toun of Leyth, quhair his Grace, the Counsale, and College of 372 HISTORICAL NOTES CONCERNING Justice renianis, because of iinpunitie gevin to offen- (louris, fautouris and furnissaris of the rebellis and dissobedient subjectis, being within the castell and toun of Edinburgh . . . thairfoir his Grace, with avise of the saidis Lordis of Secreit Counsale, ordanis that the personis following sail remane portaris at the portis of this toun of Leyth, ay and quhill thay be dischargeit. . . . And quha evir sail liappin to be apprehendit careand ony manor of victuall, l)reid, drink, flesche, fische, coillis, or uther provisioun, to the said burgh of Edinburgh or suburbis thairof, owther furth of this toun of Leyth or furth of ony uther port of the cuntre ; the persoun being appre- hendit in the recent deid salbe deliverit in the handis of the Provest Marschell, quha sail cary tliame to the maist publict marcat place of this toun of Leyth, and thair birne thame on the cheik with a hot irne for the first fait, and thaireftir gif thay l^e apprehendit offending of new, that thay be incontinent hangit or drownit without dome or proces of law. . . . And in likemaner that nane of oure Soverane Lordis liegis now remaning within this toun of Leyth nor to landwart, presume to gif, send, or deliver, to the rebellis and dissobedient subjectis being in Edinburgh, or to ony utheris in thair names, directlie or indirectlie, under quhatsumevir cullour or pretense, to thair use and behuif, ony maner of victuallis, money, clayth, &c. . . . and that all honest men, alsvveill inhabitantis of Edinburgh and Leyth as the men of weir, appi'ehend the personis that salbe fund doand in the contrair heirof, and present thame to the Provest ]\Iarschell, that thay may be puneist as accordis. And in likemaner to command and charge all and sindry the maisteris and awnaris of quhatsumevir schippis. LEITH AND ITS ANTIQUITIES 373 cr.ayaris, and boittis, that sal happin to arryve in this Firth of Forth, laidin with quhatsumevir victuallis owther brocht furth of the north cuntre or foreyn realmis, that thay cum directlie with the same to the havin and port of Leyth, and na wyis loise the same at ony uther port or hevin be west this toiin up the Firth, without special! and expres licence had and obtenit of my Lord Regentis Grace to that effect, &c. ..." {Reg. P. C. of Scot., vol. ii. p. 131.) " From the day here noted [April 16, 1572] to the 8th of June the war between the Queen's party in. Edinburgh and the King's beyond the city was con- ducted on the principle of No quarter. All who were taken on either side were presently put to death. The common belief was that this frightful system originated with Morton, who conceived that by such severity the war would sooner cease. In the end, both parties, ' wearied of execution daily made, were content to cease from such rigour, and use fair wars, as in former times.'" — Sjoot. (Chambers, Doni. An. of Scot., vol. i. p. 80). Whoever the Regent might be, the Earl of Morton was the dictator. To gratify his ambition, the laird of Drumwhasel was banished from the camp at Leith, and, to satiate his lust, Captain CuUen was executed, with whose widow he afterwards lived. Andrew Douglas, minister of Dunglass, was first tortured and then hanged for publicly rebuking jNIorton on that account. And on 21st of April 1572 ane minister [named Robert Waugh] was hangit in Leith, after he had been borne to the gibbet, " because he was birsit with the boots." He had been " extremelie pynit in the beitis lang of befoir." — D. O. The principal cause was that he said to the Earl of Morton that he defended ane unjust 374 HISTORICAL NOTES CONCERNING cause, and that he wald repent when nae time was to repent. And when he was required by whom he was commanded to say the same, he answered, " By the haly Spreit." — D. 0. (Chambers, Dom. An. of Scot., vol i. p. 80). Upon the 26th of April 1572, while the whole country around Edinburgh was a desolate and bloody waste by reason of long-protracted civil war, a party of the Regent Mar's soldiers, who had been disappointed in an ambuscade they had laid for seizing Lord Claud Hamilton, one of the opposite leaders, took five of their prisoners. Lieutenant White, Sergeant Smith, and three common soldiers, and hanged them immediately on their return to Leith. The leaders of the Queen's party in Edinburgh retaliated by like barbarous exe- cutions, " causit hang the morne theirefter two of thair souldiouris vpoun ane trie behind Mo\i;rays hous, in sicht of thair aduersaris, in lycht, quha hang ane day, and wer takin away in the nycht be the saidis aduersaris." Another annalist, who styles the locality " the Multrayes in the hill besyid the toun," adds, " The same uyclit the suddartis of Leith come to the said hill and cuttit doun the deid men, and als dis- troyit the growand tries thairabout, quhairon the suddartis wer hangit. Thir warres wer callit amang the peopill the Douglass wearres." Near to the scene of these barbarous acts of retalia- tion, on the ground now occupied by the buildings at the junction of Waterloo Place with Shakspere Square, formerly stood an ancient stronghold called Dingwall Castle. It is believed to have derived its name fi'om John Dingwall, who was provost of the neighbouring collegiate foundation of Trinity College, and one of the original judges of the Court of Session on the spiritual LEITH AND ITS ANTIQUITIES 375 side. The ruins of the castle appear in Gordon of Rothie- may's map as a square keep with round towers at its angles, and some fragments of it are believed to be still extant among the foundations of the buildings on its site. Near to this also there would appear to have been an hospital for lepers in early times, from an entry in the Council Records of 30th September 1584, where Michael Chisholm and others are commissioned to inquire into " the estait and ordour of the awld fundatioun of the Lipper hous besyde Dyngwall." Matters had now reached such a critical stage that money, the sinews of war, had to be coined for the special purpose of carrying on " this present civile and intestine " conflict. " Leith, 12th May 1572. — Forsamekill as oure Sover- ane Lord, my Lord Regentis Grace, and the Estaittis laitlie convenit in Parliament, has statute and ordanit ane new cunye of silver money to be set out, for payment and sustentatioun of the chargeis of this present civile and intestine weare. . . . Quhairfoir my Lord Regentis Grace, with avise of the saidis Lordis of Secreit Counsale, ordanis letters to be direct to mak publicatioun heirof at the schoir and peir of Leyth and at the marcat croces of all heid burrowis of this realme and utheris places neidfull ; and to command and charge all and sundry our Soverane Lordis liegis to ressave the said money in thankfuU and reddy payment, and on na wayis to presume or tak upoun hand to refuis the same upoun quhatsumevir collour or pretens, under the pane of tressoun ; certifeing thame that failyeis, thay salbe demanit to the deid with all rigour in exempill of utheris. ..." {Reg. P. C. of Scot., vol ii. p. 135.) Efforts to bring about a peace between the two con- 376 HISTORICAL NOTES CONCERNING tending factions were now made by the proposed intervention of ambassadors. " Leith, 13th May 1572. — My Lord Regentis Grace, with avise of the Lordis of Secreit Counsale, ordanis ane Herauld, Maser, or uther oiliciar of armes, to pas to the Peir and Schoir of Leyth and all utheris places ncidfuU, and thair be oppin proclamatioun in his Hienes name and authoritie, command and charge all and sindry our Soverane Lordis liegis specialie within and about this toun of Leyth, that nane of thame tak upoun hand to speik irreverentlie, untrewlie, or in- juriouslie of the ambassadouris of France and Ingland . . or yit offer thame or thair servandis displeasour, harm, or evill will, in word, deid, or countenance, bot rather schaw thame all favour, humanitie, and gude intertenyment. ..." {Rc{j- P- C. of Scot., vol. ii. p. 136.) " Ypoun the xviij of May 1572, thair come to Leith ane ambassatour fra the King of France, nameit Monsieur Lacrok, a man of good knawlege, to intreat for peace betuix the pairties, at the quhilk tyme of his entrie, the haill inhabitaris and remanaris within the burgh of Edinburgh war in thair armour wpone the fieldis in sicht of thair aduersaris, quha dischargit fyve peices of artailzerie at thame, and did na skaith. Vpoun the xxj day, the foirnameit ambassatour come to Edinburgh Castell, met be George Lord Seytoun, at quhais entrie certane mvnitoun wes dischargit, cjuha past the same nycht to Leith agane, and lugeit in Mr. Johne Loganes lugeing thair." The consequence of the prohibition of bringing coals and victuals to the capital " was great penury and scant of vivres, sae that all was at ane exceeding dearth. During this scarcity, ale not being to be LEITH AND ITS ANTIQUITIES 377 had, a drink of vinegar and water was substituted. ' Nochttheless the remainers therein [in Edinburgh] abade patiently, and were of good comfort, and usit all pleasures whilk were wont to be usit in the month of ilay in auld times, viz. Eobin Hood and Little John.'" (Chambers, Dovi. An. of Scot., vol. i. p. 80.) The Castle of Edinburgh received its supplies fi-om the forts of Niddry, Livingston, and Blackness. The last-mentioned fortress was a source of great annoyance to merchant ships sailing between Leith and Stirling ; they were frequently attacked and plundered by the garrison of Blackness. The Regent and Lords of Secret Council committed this matter to the considera- tion of the merchants, travellers, masters, skippers, and mariners of the town of Leith [19th of June 1572]. The seamen of Leith undertook to convoy these merchant ships up and do\vn the Firth, and protect them asjainst the assaults of the soldiers in Blackness Castle. For so doing, they were to have reasonable recompense for merchant vessels and their cargoes convoyed in safety, xii d per chalder, according to birth P)urtheu] of ship convoyed in safety. 16s. per chalder of victuals. 13s. 4d. per ton of wine, hide, wool, skin, or cloth. 3s. 4d. per chalder of coals. " And to the effect that thai may be the mair liable sa to do, my Lord Eegentis Grace, with avise of the Lordis of Secrete Counsall, in oure Soverane Lordis name, gevis and grantis full power, commissioun, and authoritie, to Williame Downy and Alexander Lum- misden, conjunctlie and severalie, to rig furth and sett to the sey shippis or boittis, ane or ma, as thay sail think gude, in weirlikemaner, and to mak eonvocatioun of oure Soverane Lordis liegis to pas in cumpany with 378 HISTORICAL NOTES CONCERNING thame, alsweill for defence and preservatioun of the marchandis sliippis, l)oittis, and victuallis, as for in- vasioun and persute of the saidis dechirit traitouris and rebellis and conspiratouris, thair assisteris and partakeris, speciallic within and about the Castell of Blaknes foirsaid. ..." {Rerj. P. C. of Scot., vol. ii. p. 145.) " Leith, 20 June 1572. — Forsamekle as be the withhalding of the Castell of Blaknes aganis our Sovcrane Lord and his authoritie, the guidis and geir of his Majesties trew subjectis thairabout ar reft, spuilyeit, and intromettit with, and ane part thairof transportit to the said Castell, and ane uther part of the same to the place of Nudry . . . cpdiairfore ordanis letters to be direct to officiaris of armes, Shereffis in that part, chargeing thame to pas to the mercat croce of Lynlithgow, Peir and Schoir of Leith, and utheris places neidfull, and thair be oppin proclamatiouu in oure Soverane Lordis name and auctoritie command and charge all and sindrie his Majesties lieges quhilkis hes ony maner of cattell on the north syde of the Watter of Esk, and be-eist the toun of Lynlithgow, ami place of Calder, and . . . burgh of Edinburgh . . . that thay remove and cause thame to be trans- portit furth of the saidis boundis to utheris partis — thair to remane quhill my Lord Regentis Grace returnino- to Leith — within 24 houris nixt efter the proclamatiouu of the saidis letters . . . under the pane of escheting of the saidis guidis, and of all the rest of thair movable guidis, to oure Soverane Lordis use, certifeing thame and thai failye, that thair haill guidis and geir salbe intromettit with and exponit in pray to the men of weir, and thameselffis estemit and demanit indifferentlie as assisteris and partakaris with the saidis LEITH AND ITS ANTIQUITIES 379 dissobedient subjectis in thair tressonable and wikkit deidis, with all rigour and extremitie, in exemple of utheris. . . ." {Reg. P. C. of Scot., vol. ii. p. 147.) " Leith, 21 June 1572. — Forsamekle as the present hunger, derth, and scarcity of viveris, within the burgh of Edinburgh, detenit aganis oure Soverane Lord and his authoritie, is not unknawin to my Lord Regentis Grace and Lordis of Secrete Counsall . . . ordanis ane Herauld, Maser, or uther officiar of armes, to pas to the Schoir and Peir of Leith, and utheris places neid- full, and thair lie oppin proclaniatioun in oure Soverane Lordis name and auctoritie, to command, charge, and admoneishe yit as of befoir, all maner of personis being within the said burgh of Edinburgh, alsweill men of weir as inhabitautis of the toun itself, that thay and every ane of thame remove thame selffis, thair wyfBs, bairnis, servandis, and guidis furth of the same to the cuntrie amangis thair freinds quhair thai may be best staikit, betuix [now] and Monunday at evin the xxiii day of Junii instant; commanding all our Soverane Lordis liegis, men of weir and utheris, that nane of thame tak upoun hand to inquiet, molest, trouble, or serche the personis quhatsumever passand furth of the said burgh in bodyis or guidis, providing thay return not again to the same ; and the said xxiii day at nycht being past, ordanis the effect and privilege of this present proclamatioun alluterlie to ceise, and that na maner of personis, men, women, nor bairnis for ony kind of occasioune nor be virtue of ony privilege . . . grantit heirtofore presume owther to cum furth of the said burgh or to repair thereto under the pane of deid [death]. . . ." {Reg. P. C. of Scot., vol. ii. p. U8.) This frightful state of affaii-s was at length brought to a close, with little advantage to either party, by a 380 HISTORICAL NOTES CONCERNING truce which began on the 22nd of July 1572. " On that clay, after noon, the victuals whilk was keepit to ane dearth was brought to Leith and sauld, the meal for five shillings the peck . . . and [sae] mickle bread baken, that it that was sauld for sixteen pennies was sauld for six pennies. Thanks to God." (Chambers, Dom. An. of Scot., voL i. p. 80.) But it was finally concluded on the 27th of that month, when the whole artillery about the walls of Edinburgh, on the steeple- head of St. Giles', and in the Kirk of Field were removed to the castle ; and the market cross being most honourably hung with tapestry, a truce was proclaimed by the heralds, with sound of trumpets, and the hearty congratulations of the people. This truce, however, did not prevent either party from maintaining correspondence with its respective ally. It also proved prejudicial to the interests of the adherents of Queen Mary. Kirkcaldy and the garrison in the castle of Edinburgh were the faithful few who remained devoted to her cause. With that isolated exception, the late followers of her standard had, through the influence and bribes of the Regent Morton, been won over to the King's side. "12 March 1572. — Forsamekill as my Lord Regentis Grace and Lordis of oure Soverane Lordis Secreit Counsall understandis that sindry passingeris travellis be sey out of this realme, and diverse pas- singeris, strangearis, and native borne subjectis of the same, ar transportit furth of uther cuntreis and brocht within this realme, careing to and fra tressonabill and dangerous letters and messages, to the hurt and prejudice of the trew religioun and of the royall persoun and authoritie of oure Soverane Lord and his gude subjectis. For remeid quhairof, ordanis letters LEITH AND ITS ANTIQUITIES 381 to be direct to command and charge all and sincby maisteris, skipparLs, and awnaris of all scliippis and caryaris within this realme, be oppin proclamatioun at the marcat croces of Edinburgh, Schoir and Peir of Leith, etc. . . . that nane of thame tak upoun hand to carry furth of this realme ony maner of passingeris without speciall licence of my Lord Eegentis Grace, nor yit to bring ony maner of passingeris within the samyn out of foreyn cuntreis, strangearis, or utheris, without first thay present thame and thair letters befoir my Lord Eegentis Grace, under the pane of confiscatioun of thair schippis ... of all personis that sail do in the contrair, with all utheris the movabill guidis of the maisteris, skipparis, and awnaris of the saidis schippis. . . ." {Her/. P. C. of Scot., vol.il p. 206.) On 1st April 1573 a body of pioneers arrived at Leith from England, and began to fill large hampers with earth for temporary ramparts. There was a brief truce, during which a vain attempt was made to bring the garrison to terms. On 28th April Sir Wdliam Drury, marshal of Berwick, arrived in Leith with 500 musketeers and 140 pikemen. Ultimately, 1500 veterans of England arrived altogether. Morton had restored peace in the provinces, but Kirkcaldy still held the castle for the Queen. On the 25th April Grange was called to surrender on the condition, as the 3Iarshal promised, " In her Majesties name that her highnesse sould travell with the Eegent, counsell, and nobility present, for the safety of their lives who were within ; if he continued in his obstinacie, abiding the cannon, then willed him to look for no further favour." Kirk- caldy, however, declined these terms, " whereupon the pyoneers wer commanded with expedition to cast trenches and erect mounds to plant artillerie thereupon." 382 HISTORICAL NOTES CONCERNING On 26th May an assault was made on the spur of Edin- burgh Castle, and it was taken. This cut off the water suj^ply, and on the 29th Grange yielded his sword — not to Morton, not to the English, but to Sir William Drury, whom, as marshal of Berwick, he considered neutral. This was not done until his own handful of men had refused further resistance. Water was their cry. The cannonade had stopped their scanty supply, and they were ultimately, amid a mass of ruins, compelled to lower men from their crags to draw water from the well of St. Margaret. So the captain " was constrained to rander the castell without anie con- ditioun, but simplie to come in the Queen of England's will. Her will was to commit all to the will and wisdome of the Regent." This was practically an abandonment of the brave Grange to his most bitter enemy, Morton. The Queen made an exception in favour of Robert Melville, " whom we have known here- tofore to have dealt very sincerely with us ; she cannot think that he has fallen away from all his fair promises, and asks that favour be showed him, and no extremities used in the meantime." David Lindsay, the minister of Leith, was the bearer of an ominous message from John Knox to Kirkcaldy : " Well, brother, I thank God I have desired all this day to have you, that I may send you yitt to yon man in the castell, whom ye know I loved so deerelie. Goe, I pray you, and tell him that I have sent you to him yitt once, to warn him and bid him in the name of God leave that evil cause, and give over the Castell ; if not, he shall be brought over the walls with shame, and hang against the sunne." Lindsay went to the castle and delivered his message. Melville appeared to be somewhat moved, as was also Grange, but LEITH AND ITS ANTIQUITIES 383 Lethington called Knox a "prophet" of a kind unfit for print. Knox repeated his prophecy in the pulpit, and declared that the castle would run like a sound glass. His friend, Robert Hamilton, was sceptical about the prophecy, and so expressed himself, whereupon Knox said, " Thou that will not believe my warrant will see it with thy eyes that day, and shall say, ' "What have I to do here V" As for Grange and Lethington, they were left to the tender mercies of the Eegent and the Queen, evidently expecting that " extremities would be used." On 16th June Sir William Drury with his troops left Leith for Berwick, having delivered to the Regent his prisoners, Sir William Kirkcaldy, his brother Sir James, Lord Hume, William Maitland of Lethington, John Wishart of Pittarow, Robert Logan of Restalrig, the Countess of Argyle, the Lady of Grange, Lady Lething- ton, and others, 164 men, 34 women, and 10 boys. Kirkcaldy was condemned by Morton. " Lord Lindsay used his utmost efforts with Morton to save his ancient comrade, but unavailingly. The Regent was inexor- able, and the gallant Kirkcaldy, with his brother James, was hanged at Edinburgh, 3rd August 1573." David Lindsay of Leith went to see him when a captive. " He employed him to goe to the Erie of Morton, and to offer him his whole heritage, the baud of manreid of all his friends, and to pass off the countrie in exile durino- his will. Mr. David doeth as he is directed. The Regent, after he consulted with the Commendatore of Dunfermline, and the Clerk of Register, answered the people could not be satisfied, nor the cause cleered or crowned, but by the exemplar punishment of that man. Mr. David returned with this answer. ' then,' said he, ' Mr. David, for our old friendship, and for 384 HISTORICAL NOTES CONCERNING Christ's sake, leave me not.' When he saw the scaffold prepared at the cross, the day fayre, and the sunne shyning cleere, liis countenance was changed. JNlr. David asked what he was doing ? ' Faith, Mr. David,' sayeth he, ' I perceive weill now that Mr. Knox was the true servant of God, and his threateniugs to be accomplished.' He desired Mr. David to repeat Mr. Kuox his words, which he did, adding that Mr. Knox told him that he was earnest with God for him ; was sorrie for that which sould befall his bodie, for the love he bare to him, but was assured there was mercie for his soule. He desired him yitt againe to repeate these words, which he did, whereby he was much comforted and encouraged, and desired Mr. David to accompany him to the scaffold. He said to him, ' I hope in God that after men salle think I am past and gone, I sail give you a tokin of the assurance of that mercie to my soule, according to the speeche of that man of God.' So, about foure houres, the sunne being west the north-west corner of the steeple, he was thrust off the ledder. As he was hanging, his face was sett towards the east, l)ut within a bonny while turned about to the west against the sun, and there remained, at which time Mr. David marked him, when all supposed he was away, to lift up his hands, which were bound before him, and to lay them down again softlee, which moved him with exclamation to glorifie God before all the people. Mossman and he were hanged at the same time, and the bodies were taken down and ther heads stricken off, and sett upon the highest pricks of the castell. The other coiner of false money, called Cockil, and Mr. James Kirkcaldie, were hanged the same day, but after them thus perished," says Lord Lindsay, " the gallant Kirk- caldy of Grange, the last hope of Mary in Scotland." LEITH AND ITS ANTIQUITIES 385 Letliington, who iufiuenced Kirkcaldy so greatly, particularly as to not surrendering when Knox so ad\ased, passed away in a different manner and with much less sympathy. After the surrender he was found dead. Sir James Melville says that " he took a drink and died as the old Romans were wont to," or, in other w^ords, he poisoned himself in the Tolbooth of Leith. Calderwood says, " William Maltane, of Lethyton, poisoned himself as was reported, and ended his days the 9th July in Leith. He lay so long unburied that the veiToin came from his corpse, creeping out under the door wdiere he was lying." Such were the untimely fates of Kirkcaldy and Lethington— the one the greatest general and the other the ablest statesman in Scotland. Had they lived, they would have been the most formidable obstacles to Morton's ambition. Morton was of all the Scottish nobles Elizabeth's prime favourite. To his aid she came with supplies of money and of men ; and to his vengeance she abandoned these two victims of his implacable malice. Elizabeth's favours had to be acknowledged, and were acknowledged by Morton in these terms of lavish praise : — " 13 April 1573. — Forsamekill as it is not unknawin to all the gude subjectis of this realme, quhat greit gude-will and freindschip, the Quenis Majestie of England — being Princesse in the warld nerrest to oure Soverane Lord, bayth be blude and habitatioun — hes declarit not onelie towart his Hienes and the preserva- tioun of his innocent persoun evir sen his birth, bot als quhat cair, travellis and chargeis hir Hienes hes takin, borne, and sustenit, for the sauftie and preservatioun of this realme in the auld ancient libertie, far abone the custum of ony hir predecessouris. For it is not to VOL. I. — 25 386 HISTORICAL NOTES CONCERNING be forgottin, hot thankfullie to be remembcrit, how, eviii with the begynning of hir regniie, weare standing betuix thir twa reahnis, first of all a godlie peace wes maid and coucludit, quhilk to this tyme hes happelie continewit, to the pleasour of God and greit commoditie of this cuntre. As alsua how schortlie thaireftir this realme — being in dangeare of the Fransche conquest and Christian religioun thairin liklie to have bene uttiidie suppressit — be hir Majesteis forces and ayd send to the assege of Leyth, the strangearis wer expellit and the state of religioun and libertie of the cuntre preservit." {Reg. P. C. of Scot, vol ii. p. 213.) No sooner had the civil war been brought to an end, and peace concluded, than great numbers of the Queen's partisans and of the professors of the old religion withdrew to the Continent. An order of Privy Council was, in consequence, issued restricting the rights of emig-ration. "4th June 1573. — Forsamekill as it is understand to my Lord Eegentis Grace and Lordis of Secreit Counsale, that a gude nowmer of the liegis of this realme ar preparand and puttand thame seltiis in reddines to pas to the sey under pretens to serve in the wearis in foreyn countreis, not having oure Soverane Lordis licence thairunto ; . . . Thairfoir my Lord Eegentis Grace . . . ordanis letters to be direct to officiaris of armes, Shereffis in that part, chargeing thame to pas to the marcat croces of Edinburgh, Leyth, Dunde, etc. ; . . . andthairbeoppinproclamatioun,etc., command and charge all and sindry his Hienes liegis, alsweill men of weare as utheris passengeris quhatsum- evir, that nane of them . . . tak schip or depart furth of this realme without thay be first under the charge of capitanis havand his Hienes speciall licence to transport LEITH AND ITS ANTIQUITIES 387 thame ; or, thcat utlierwayis thay have particular licencis be thame selffis, under the pane of deid. And siclyke that na maner of maisteris, skipparis, or awuaris of schippis ressave ony capitanis, men of weir, or passingeris to be transportit furth of this realme to ony pairtis beyond sey, not having oure said Soverane Lordis speciall licence thaii'to, to be kepit for thair warrand, under the said pane of deid and confiscatioun of the schip, with the remanent gudis movabill of the saidis maisteris, skipparis, and awnaris, to our Soverane Lordis use." {Reg. P. C. of Scot., vol. ii. p. 235.) 388 HISTORICAL NOTES CONCERNING CHAPTER XXX LEITH AND ITS TRADE AFTER THE CIVIL WAR With the deaths of the gallant Kirkcaldy of Grange and of Maitland of Lethington also perished the last hopes of Queen Mary, and Morton was left free to establish order throughout Scotland as best he could. The civiclife of the capital resumed its wonted activity, and, as usual, the unfortunate town of Leith received its due share of attention. As an act of leniency the Magistrates allowed Robert Mowbray to live in Leith for a time, because his wife was ill, but " he must tax and stent with the gude town meantime." " 13th November 1573. — The baillies and counsale granttis licence to Robert Mowbraj^ in Leyth, with his wyf, bairnys, and familie, to remane and duell, because of his wyffis greit seikness, in the said toun of Leyth quhill Witsounday nixt, and the said Robert actis himself, vnder the pane of j° (100) merkis, to cum and duell in this toun at the said feist of Witsounday, and in the meantyme to tax and stent with the gude toun vnder the pane foresaid." This Robert Mowbray was heritor of the house occupied by John Knox. As long as he was its tenant, 50 merks annual rent was paid by the city treasurer to Robert Mowbray. Being a burgess of Edinburgh, he could not reside in Leith without losing LEITH AND ITS ANTIQUITIES 389 his right of being a freeman. The illness of his wife was, however, regarded as a sufficient reason for his exemption from the effects of the infringement of this law occasioned by his residence in Leith. Then the treasurer was ordained to mend and repair the "mettis and measours " of the town of Leith:— "13th November 1573.— The baillies and counsale foresaid ordanis James Eos, theasurer, with all diligence possibill, to dam and hold in the North Loch to the hieast clouse, to eik, mend, and repair the mettis and messouris of the toun and of Leith, to inquyer for the auld and mak new, to repair and mend the wyndois at the laich tolbuith, and glas, breddis, and saittis, and all vther necessars ; and the samyn salbe allowit in his compttis." The treasurer had evidently not carried out this order in its integrity, and he was again enjoined to do the duty. "25th November 1573.— The baillies and counsale ordanis James Eos, thesaurer, with all diligence possible to dam and had in the North Loch to the vmest hous, to repair the windois in the heche and laicht tolbuyth and clarkis chalmer, to by ane chymna for the laich counsalhous, to furneis stringis, yrne wark, and vther necessaris to the over trone, to repair and mend the metis and mesoures of this toone and Leyth, and to set vp ane stoup in the fischemercat for joggis ; and the expensis to be debursit be him thairvpoun salbe allowit in his comptis." With the view of raising revenue, the civic digni- taries of Edinburgh let the links to a j\Ir. Balfour in Leith, for three years :—" 2nd December 1573.— My Lord Lindesay, prouest, baillies, dene of gild, counsale, and dekynnis of craftis settis to INIaister William Balfoure in Leyth the links of Leyth, and thair west inkis betuix Sanct Nycholace Chapell and Weirdy 390 HISTORICAL NOTES CONCERNING Brow, for the space of thre yeris nixt after the feist of Mertymes last, payaud thairfor yeirhe xxv merkis." The sellers of aqua %nta> in Leith were " discharged " [evidently forbidden to sell their liquor] under pain of escheat or forfeiting of the same : — " 6th January 1573-4. — The baillies and counsall ordanis proclama- tioun to be maid in Leyth, discharging the aquavite sellaris in Leyth, under the paine of escheitt of the samyn." The Bailies and Council had repented of their leniency in former days to the craftsmen of Leith, and about this time they voluntarily discharged any paction made with these workers. This is not the only instance in which the authorities violated an agreement when such a proceeding seemed advan- tageous for the city. Accordingly, on 3rd June 1574, " The foresaidis baillies, counsall, and dekynnis dis- chargis voluntarlie all pactioun and band maid betuix thame in onye tyme bygane and the craftismen of Leith, and of all dewtie acclamit or that they may acclame of the saidis vnfrie craftis or vtheris actionis quhatsoumevir betuix thame and Leitli, hurtful and preiudiciall to the freedom and libertie of this burgh, and bindis and oblisis thame be thir presents for thair- selves and thair successouris gyf ony of tham dois in the contrair heirof to tyne thair fredom, and pay xxvi pundis to the commoun warkis, and to be repute unfreyndis of the common weill, and this present act to extend and tak efl'ect upoun provest, baillies, counsall, dekyn, and all vtheris inhabitantis of this burgh doand anything in contrair the tennour of the samyn." To make this effective they add the following order : — " 3rd June 1574.- — The counsall and dekynnis foirsaidis ordanis the baillies to close vp all the duris in Leyth LEITH AND ITS ANTIQUITIES 391 on this side of the brig of all sic as occupeis craftis, or merchandises, or ventis wynes, mak oppin all gyrnell durris for servying oure souerane Lordis lieges of wittalis, remove Johnn Loganis gudes ofi' the links, poynd and pryse the samyn according to the ordour, and to reform the biggingis outwith the West Point, quhairby the passagis ar narouit and allterit by the ould ordour, as they will ansuer on tbair offices." During the troublous times the authorities of Edin- burgh were willing to take all the advantage from the Leith people they could, and to grant indulgences in return ; but when the troubles were over, the necessity for these indulgences no longer existed, and accordingly they were withdrawn. "On 16th June 1574, [the bailies and council], efter ryjae avysement with the preteudit act and ordinance maid the tyme of the troublis, bering that all sic as seruit the King in Leyth sould nocht be removit fra their housis within this toune for ane yeir nixt efter thair cumming thairto, nochtwithstanding ony wairnyng maid of befoir, quhilk thay fynd preiudiciall to the heretouris of this toune, and contrair the auld statutis and ordinances of this burgh, quhairfoir thay discharge the said act and all effect thairof for ever." Anyone who troubled speedily got summary Jeddart justice — in fact, got none at all. " On 25th June 1574, the baillies and counsale, vnder- standing David Kyntor in Leith to be ane troublar of the baillies and pepill thair in thair courtis be his dilatoury and manie dilayes, quhairfoir thay discharge him all procuratioun in all tymes cumming." Durinor the civil war the civic dignitaries had to resort to Leith for timber to resist the artillery, but had evidently forgot to pay for the same ; so on " 11th August 1574, the baillies and couusall ordanis 392 HISTORICAL NOTES CONCERNING Henry Neisbet, bailie, Williame Littill, James Ros, thesaurer, Nicholas Vddart, and Dauid Kynloche, with Thomas Wod, wryclit, to tak ordour with Alexander Clark tuyching his tymmer intromettit with be the gude tovne efter thair returnyng from Leith, and bestowit be thame in the gabionis for resisting of the artelyrie furth of the eastell, and as they can aggrie with the said Alexander to repoirt to the counsall, that the said Alexander may be satisfeit for his said tymmer." A dispute had arisen about the pasturing of the links of Leith, of which the Edinburgh Magistrates made short work in the following manner : — " 20th August 1574, the baillies, counsale, and dekynnis following, viz. — Dauid Kinloche, baxster [etc.], vuderstanding that nowther gentill admonitioun nor ordour of law may move Jhone Logan of Coitfield, to desist and ceis from the violent occupatioun and pasturing vpoun the Linkis of Leyth, being now their heritage, thay all in ane voce concludis, decernys, and ordauis the said baillies to pass the morn to the saidis Linkis, takaud with thame sic nomber of the pcple as thay sail think gude, and thair to prope, meath, and merche the said Jhone Loganys bounds conforme to his awin evident, and put inhibitioun to him of ony forther pasturing vpoun the saidis linkis in ony tyme heirefter, vnder the pane that may follow vpoun the law in sic caissis ; and siclik conforme to the decreit and ordinance prouuncit vltimo Julii. Ordanis the saidis baillies to rais the wall and ground stanys biggit be Nychole Vddert vpoun the townys passage within the toun of Leyth, as thay will ansuer vpoun thair vttermost charge." A certain ingenious Mr. John Logan, of Sheriff-brae, LEITH AND ITS ANTIQUITIES 393 had hit upon the happy expedient of enriching himself by taking a share of every load of timber passing between the bridge and the Sheriff-brae. The Bailies and Council soon brought him to book anent that, however. "On 15th September 1574, the baiUies and counsall sittand in jugement, efter resonyng with Maister Jhonn Logane, of the Sheref Bray, twyching the wrangis done be him in taking of ane geist of euery houpe of tymmer laid furth vpoun thair passage betuix the brig and the said Sheref Bray, quhilk the said Maister Jhonn confest he had done ; vpoun the c[uhilk confessioun James Ros, thesaurer, askit instru- mentis, and desyrit the said Maister Jhonn to be compellit to deliuer to him ane lang geist quhilk he had taikin of the gud touoes tymmer, and to be detenit in waird ay and quhil he did the samyn ; and Maister Jhonn Abircrummy, cautioner for the said Maister Johne Logane, consentit that the said geist sould be delyuerit, vnder protestatioun it sould uocht preiuge the said Maister Jhonn in his rycht ; and the said James Ros in the contrair, in respect it was a novalty and extortioun newly inventit and raisit vpoun the pepill be the said Alaister Johne Logane alanerly, neuer vsit of befoir to the gude tovne nor na vtheris, bot tymmer-roome frielie gran tit in all tymes past to all strangeris, to geve thame occasioun mair willinglie to resoirt to thair schoir and havin of Leith ; and the baillies and counsall forsaidis, efter the avysemeut with the allegeances of baith the pairties, fyndis and delyueris that the said IMaister Johnn Logane hes done wrang in taking of the saidis geistis, and thairfoir decernis and ordanis him to delyuer the same agane to the personis awnaris thairof, and to remaine in waird quhill the samyn be done, and farther that he sail fynd 394 HISTORICAL NOTES CONCERNING cautioun he sail nocht do the like heirefter, vnto the tyme it be found that he haif richt thairto, and the said Maister Jhonn Abircrummy, in name of the said Maister Johnii Logane, protested for remeid." To prevent the dearth of any commodity in the realm, Parliament prohibited its exportation. The manufacture of salt had 1)een once a Hourishing trade in Scotland. Prestonpans derived its ancient name of Salt Preston from the circumstance that certain priests in that locality were engaged in this traflfic. How much the civil war had impoverislied the country may be learnt from the prohibition of this export. "20 Sept. 1574. — Forsamekill as my Lord Regentis Grace and the thre Estaittis of the realme, considering the exhorbitant derth of small salt within this realme throw the careing of the same furth of this cuntre in greit quantitie, [it having been] statute and ordanit be act of parliament, that na salt sould be convoyit or careit furth of the realme in tyme cuming under certane panis, contenit in the act maid thairupoun, quhilk sensyne upoun certane offeris hes bene dispensit with, and licencis grantit to transport salt on condi- tioun that the cuntre sould be sufficientlie answerit upoun the pryces contenit in the actis of parliament, bot as experience now techeis, the granting of the saidis licencis and dispensatioun hes bene verie prejudiciall to the commoun weill of the realme and the conditionis of the furuissing and serving of tlie cuntre upoun the pryces contenit in the actis of parliament hes na wayis bene observit, bot oure Soverane Lordis liegis hes bene constranit to by salt upoun exhorbitant and unreason- abill pryces, likelie from day to day raise greittar extortioun gif tymous remeid be not providit. . . . Thairfore my Lord Regentis Grace, with avise of the LEITH AND ITS ANTIQUITIES 395 Lordis of Secreit Counsale, hes dischargeit, and be the tennour heirof discliargeis, the saidis licencis and dis- pensationis grantit for transporting of the said salt furth of the realme in tyme earning; and ordanis letters to be direct to officiaris of armes, shereffis in that part, chargeing thame to pas to the marcat croces of the burro wis and townis of Edinburgh, schoir and peir of Leyth, etc. . . . And als to command and charge all and sindry his Hienes liegis that nane of thame tak upoun hand efter the said proclamatioun to transport or carry furth of this realme ony maner of salt under panis contenit in the said act of parliament. And als to command and charge all and sindre cure Soverane Lordis custumaris and clerkis of cokquet that nane of thame tak upoun hand to custum or grant cokquettis upoun ony salt heirefter under the pane or tinsell of thair offices. . . ." {Reg. P. C. of Scot, vol. ii. p. 406.) The shore of Leith being again m need of repair, the treasurer is authorised to get stones for this pur- pose:— "31st March 1574.— The bailies and counsale ordanis James Ros, thesaurer, to hyre boittis for bring- ing of stanys fra Grantoun to the schore of Leyth." ° Whatever other subjects of interest might engage the attention of the Magistrates, they never forgot or neglected their pecuniary interests in Leith shipping. "On 21st January 1574-5 [the bailies and council] statutis and ordanis, for the commoun weill of the hale estait of merchanttis that from this [time] furth thair be na frauchtiug of schippis from thair port and havm of Leyth to the pairttis of Flaudaris, bot twyse in the zeir; vizt., at Fasterennis evin, and Lambes, and that thir 'schippis lie frauchtit in the presence of the dene of gUd and baillie, ane of the counsale, and the clerk, and 396 HISTORICAL NOTES CONCERNING that their fraucht be than appoyntit to Flandoris quhat sail be taikin of all guddis that sal be schippit, and cautioun found, and that na forther fraucht sal be taikin, nowther that ony guddis sal be taikin within thair schippis bot fremennis guddis, first the nierchanttis and nychtbouris of the burgh, thairefter vther fre nychtbouris, and nane vtheris, and that nane be resauit within the saidis schippis bot sic as sail deliuer the tiket of ane of the baillies or clerk for their warrand." The Government, as well as the Magistrates of Edinburgh, was very jealous of its own feudal rights. The rise of commerce under such heavy restrictions was slow. The maxim of our own day, that competi- tion is the life of trade, was wholly unknown in Scot- land till a comparatively recent period in its history. "Edinburgh, 3rd May 1575. — Forsamekle as it is understand to my Lord Kegentis Grace, that thair is divers schippis, barkis, and crayaris dalie ladin, up in the narrow watter of the Firth of Forth, at the Powis of Alloway, Auch, Carroun Mowth, and sic uther partis quhair na schippis usit to tak in thair full laidynning of befoir, quhairthrow bayth for])odin gudis and un- fremennis gudis ar continewalie takin in and transportit out of the realme, to the greit hurt of the commoun Weill and defraude of our Soverane Lordis custumis ; for remeid quhairof his Grace hes thocht necessar and expedient, that the schip or schippis now laidning, or that sal happin be laidin heireftir, in the saidis narrow watterie, salbe brocht to the havin and port of Leyth, thair to present thair interes or prevy cokquet to Patrik Bellenden of Stanehous, principall clerk of Edinburgh, or his deputtis, and to be sercheit be thame and ressave a generall cokquet of thame, berand LEITH AND ITS ANTIQUITIES 397 thair haill laidynning de claro, under the pane of escheting of the schippis and gudis doand in the contrair. And alsua, als oft as thay salbe requirit be the said Patrik or his deputtis, to serche, seik, arreist, escheit, and inbring sic unlefull forbiddin uncustumat and unfremenuis gudis as sal happin to be apprehendit offending in contrair the tennour of the premissis, to oure Soverane Lordis use." {Reg. P. C of Scot., vol. ii. p. 446.) "Edinburgh, 6th July 1575. — Anent the complaint maid to my Lord Regentis Grace and Lordis of Secreit Counsale be the skipparis and marinaris, indwellaris of the toun of Leyth, makand mentioun : — That quhair in the payment of the dewitie of the cokquett of our Soverane Lordis custumhous, within the burgh of Edinburgh, the forme of ordour following hes bene observit in all tymes bigane of every schip passand furth at the port and havin of Leyth, that is to say, gif thair be in the entres sa mony names of marchantis as sail not exceed the nowmer of twenty, ilk man sail pay ane plak, extending to twenty plakkis, etc. . . . quhill now laitlie, that "Williame Makcairtnay, writtar in Edinburgh, having of lait purchest the keping of the said cokquet seill, be quhat moyen the saidis complenaris knawis not, hes pretendit a novatioun and alteratioun of the formar ordour, craving ane half merk money of this realme mair of every schip nor is abonespeeifiit and that wes accustumat to be payit in all tymes bigane. And for non-payment thairof hes refusit thame the said cokquet, and thairfrow stoppit the saidis complenaris of thair vayage, albeit thay stand not samekill upoun the quantitie of the sowme as thay do upoun the new preparative and the greit inconvenient that it may induce to thame heireftir. 398 HISTORICAL NOTES CONCERNING And anent the charge gevin to the said Williame Makcairtnay to compeir befoir the Lordis of Secreit Couusall at ane certane day bipast, to answer to the said complaint, as the samyn with the executioun and indorsatioun thairof beris. Quhilkis being callit, com- perit David Yaus, Williame Downy, James Gourlaw, Thomas Broun, and Downy, skipparis and mari- naris, indwellaries of the said toun of Leyth, for thameselffis and in name of the remanent skipparis and marinaris within the same ; and the said Williame McCairtnay comperand alsua personalie. . . . The Lordis of Secreit Counsale findis that in the payment of the dewitie of oure Soverane Lordis custumhous, the forme and ordour abone-writtin hes bene usit and observit in tyme bigane, and thairfoir decernis and ordanis the said AVilliame to observe and keip the lyke ordour in tyme cuming, and on na wayis to raise or alter the samyn in ony poynt, as he wald answer upoun his obedience, at his uttirmest charge and perrell." The Bailies and Council, finding the affairs of the town of Leith growing on their hands, particularly the charge of the harbour of Leith, began to elect bailies specially set apart for Leith. When this practice pre- cisely commenced it is no easy matter to determine. The first mention of it which we have been able to discover is in October 1575 ; but as that minute refers to the discharge of the bailies for the year past, it is e\'ident that at least one election, and probably more, had taken place prior to that date. The Bailies and Council of Edinburgh were careful, however, to elect Edinburgh men to fill that office. The following is the minute referred to : — " 11th October 1575. — The balyes, coun- sale, and dekinnis ellictis for thair balyes in Leyth for LEITH AND ITS ANTIQUITIES 399 the yeir to cum, Walter Cant and Jhoune Littill, and ordanis sum of tliair awin balyes to pas to Leithe the morn, and, in presens of the peipill, dischairge the bailyes of the yeir past nomynat, and present vtheris and tak thair aithis." The repair of the shore of Leith again becoming necessary, the treasurer is ordered to procure lime, etc. for this purpose. The following order is issued : — "23rd March 1575-6. — The baillies and counsale ordanis Mongow Russell, thesaurer, vdih all diligence possible, to lay in lyme and vther materiallis necessar for mending and bigging of the schore of Leyth." An unfortunate official of Edinburgh, in ignorance of one of the orders of the Magistrates — (no wonder ! — who could remember the innumerable unreasonable orders regarding Leith?) — made some petty proclama- tion regarding the casting of some calf leather, and incurred their wrath as follows: — "13th October 1576. — The baillies and counsale ordanis charge Walter Cant to produce before thame, the nixt counsale day, the auld seill of Leyth, and deliuer the samyn." W^alter Cant had evidently Ijeeu discharged from his office of bailie of Leith, and ordered to deliver up the seal. The penitent Walter appears and delivers the same on 15th November 1576: — "Walter Cant, sumtyme baillie of Leith vnder the prouest and baillies foirsaidis, delyueris to Alexander Guthre, thaii- com- moun dark, the auld commoun seill of Leith, and askit instrumentis." An old law of Scotland enacted that the King and the nobility should be first served with the goods im- ported into the realm, and that the remainder should be valued, and sold at competent prices to the freemen of the burghs. We now find Regent Morton upholding 400 HISTORICAL NOTES COXCERNIXG the ancient statute. As too much wine would not be good for the royal boy, more of that commodity would go to Dalkeith Palace than to Stirling Castle. " Dalkeith, 27th March 1576.— Forsamekill as it is understand to the Regentis Grace and Lordis of Secreit Couusale, that thair is diverse schippis presentlie arryvit within this realme with Frensche wynis, of the best and reddiest cjuhairof it wes reassonabill that cure Soverane Lord the Regentis Grace and nobilitie be first servit, according to the actis of parliament ; thairfoir ordauis letters to be direct to otiiciaris of armes, shereffis in that part, chargeing thame to pas to the schoir of Leyth, etc. . . . and all utheris partis and burrowis quhair Frensche wynis ar alreddy or sal happin to arryve, and thair be oppin proclamatiouu, in oure Soverane Lordis name and authoritie, command and charge all and sindry the maisteris and skipparis of the saidis schippis, and awnaris and merchandis of the saidis wynis, that nane of thame tak upoun hand to brek bowke thairof, bot to keip the same within boddum or sellaris haill and undisponit, sauld or awayput in ony sort, ay and quhill samekill of the best thairof be walit, merkit, and laid by to the use and provisioun of the houssis of oure Soverane Lord and his said Regent, under the panis contenit in the saidis actis of parliament, and als to fens and arreist the saidis w^nis, and mak just in venture of the same, and to quhome the same appertenis, to remane under arreistment, unsauld or transportit ony wayis, quhill oure Soverane Lord and his Regent be servit and staikit for thair provisioun as said is, and to charge the provest and baillies of the saidis burrowis and townis to se the premissis fulfillit, as thay will answer upoun thair obedience at thair uttirmest LEITH AND ITS ANTIQUITIES 401 charge and perrell." {Reg. P. C. of Scot, vol. ii. p. 505.) The primegilt, which was given by the liberality of merchants, appears to have been, according to the ideas of some, misspent, and an application was made by David Lindsay, minister of Leith, and others, that it should be spent on the Kirk and the poor. Accord- ingly, on 24th November 1576, " Comperit Maister Dauid Lyndesay, minister in Leith, Jhon Littill, and Maister Alexander Couston, baillies thair ; Lourence Neilson, George Pady, George Kar, Dauid Duff, kirk maisteris in the said toune of Leith, and presentit thair supplicatioun, bering that the dewtie, callit the prymegiltt, quhilk was gevin be the hberalitie of merchantis, hes bene in all tymes past vplifted and spent be the marinaris in vane and wicked vses ; quhilkis marinaris, now persuaded be Godis wourd, granted and consented that the said dewi;ie in all tymes cuming suld be spendit and bestowit vpou the reparatioun and A^hald of the Kirk of Leith and Hospitall thairof, and support of the pure ; quhairfoir thay humblie desyrit that the prouest, baillies, and counsall of this bursjh wald gave thair consent and interpone thair autoritie thairto, and that the rather becaus the samyn was converted to gude and godlie vses, quhilk thay granted, provyding always that yeirlie compte be maid of the said prymegilt, and twa of the counsall of this burgh to be auditouris thairof, and heirvpoun the said minister, baillies, and kirk maisteris askit instrumentis." Some sturdy inhabitants of Leith refused to consent to this; so, on "13th March 1576-7, the baillies and coun- sall, remembering thameselues to half gevin and disponit to uphald of the Hospital of Leith the dewtie of the VOL. I. — 26 402 HISTORICAL NOTES CONCERNINO prymegilt of al schippi.s arryuing at the pourt and havin thairof, and vnderstanding that sum persones wilfully refussis to delyuer the samyn ; for remeid quhairof, thay ordane that all questiouu that sal happin to occur for non-payment of the said prymegilt be jugit befoir the prouest and baillies of Edinburgh, and thair sentence and decreit pronuncit thairvntil to be execute be thame, thair seruaudis, baillies, and thair officiaris of Leith at all tymes neidfull." In November 1577 two boat-loads of beir were about to sail from Aberdeen harbour for Leith, when the Town Council [of Aberdeen] arrested them, and ordained the victual to be sold to the inhabitants of Aberdeen at " competent prices." {Aberdeen Council Register, Spal. CI. Mis., vol. i. p. 30.) The troublous times having passed away, the men of war were disbanded, and orders issued that none were to be raised without the King's licence. On 14th March 1577-8, "The baillies and counsale ordanis pro- clamatioun to be maid throw Edinburgh and Leith discharging all men of weir raisit, and that nane be raisit, nor tak waiges heirefter, bot sic as sail haif the Kingis speciall licence, vnder the payne of deid." Other instances of how goods imported into the country were to be retailed occur as follows : — 18th March 1578. — Complaint by Sir William Murray of Tullibardin, comptroller of the King's household, as follows : — He had " directit Jeremy Bowie, simleir, with letters of commissioun for visiting, taisting, and uptaking of wynis to the furnissing of his Majesteis house upoun ressonabill prices, commanding the provestis and baillies of all burrowis and townis quhair wynis arrivis and remanis to concur, fortifie, and assist to the said LEITH AND ITS ANTIQUITIES 403 Jeremy in executioun of the said commissioun, as they wald answer upouu thair charge and perrell. . . . Although there had been the proclamation in Edinburgh, Dundee, and Leith, ' nevirtheles, James Huchesoun, burges of the burgh of Edinburgh, and George Spens, burges of Dundie, refusit to oppin thair sellar durris to the said Jeremy.' The provosts and bailies of both towns were also to blame. When applied to by Jeremy, they had answered that they could compel no one to deliver his gear without his receiving assurance for its being paid. They made also other excuses, with which the Lords of Secret Council were not satisfied, in so far as a great part of the wines were sold before our Soveraue Lord and his nobility were first supplied, ' express contrair the tennour of the said act.' " They concludit and ordanit that his majestic and his nobilitie sal be answerit of wynis for this yeir upoun the prices following, that is to say, the price of the tun of Burdeaux wyne for fiftie pundis, and the price of Hottopyis bind for fourtie-sex pundis money of this realme, and ordanis and commandis the provest and baillies of Edinburgh and utheris burrowis of this realme to concur, fortifie, and assist our soverane lordis symleir in vysiting, talsting, and uptaking of the saidis wynis upoun the prices foirsaidis, to be payit be his majesteis comptroller upoun the delivery and ressait of the said symleiris tiket of the quantitie taikin up be him." {Reg. P. C. of Scot., vol. iii. p. 117.) The Bailies and Council were very anxious to encourage residenters in Edinburgh, and for this purpose they regulated the price of the wine to be sold to them:— "11th April 1578. The baillies and 404 HISTORICAL NOTES CONCERNING counsale ordanis the proclamatioun efter-foUowing to be proclamyt in Edinburgh and Leyth, off the quhilk the tenour followis : — Forsaraekle as it hes plesit the Kingis Maiestie that the lordis of his secreit counsale and diners vtheris of his hienes nobilitie sail mak thair residence within the burgh of Edinburgh for taikin ordour in the caussis of the commounweill ; quhairfor it becumis all his hienes loving subiects to se that the saidis lordis and nobilitie and vtheris resorting to thir pairttis be weill and resonablie handillit in all thair effaris ; quhairfor I command and charge in oure Souerane Lord the Kingis name, and in name and behalf of the prouest and baillies of the burgh of Edin- burgh, lord-superiouris of the toun of Leyth, that na victuellis be darthit vpoun thame, and that the pynt of wyne be commonlie sauld to all oure said soueranis lieges conforme to the statute maid of before, that is for xi d. the pynt, and na derrer. And to this effect that all taverne durris and sellaris be maid patent at all lauchfull tymes quhair wynis are to be sauld to all oure said soueranis lieges vpoun the said price foresaid, vnder the pane of fyve pundis for the first fait, and ten pundis for the secund fait, and ane puntioun of wyne for the thrid fait, sa oft as thay failye." The civic dignitaries of Edinburgh were sorely vexed that a merchant in Leith should have the privilege of supplying wine to his Royal Highness. They thought this should only be done by Edinburgh men. On 7th May 1578, "The prouest, baillies, and counsale under- standing that Thomas Liudesay in Leyth hes procurit at the Kingis maiestie handis ane gyft of the office of sumlare and uptaking of wynes to his Hienes hous, be the quhilk thay understand the hale merchant estait to LEITH AND ITS ANTIQUITIES 405 be greitlie hurt gyf remeid be nocht providit ; quhairfor they ordain that ane certane of the maist honest merchanttis convene thame selffis the morne be x houris to pas before the lordis of secreit counsale to desyre this commissoun to be dischargit, and this toun to tak upon handis to cause the King be furnist of wynis." It does not appear what became of this proceeding, but it is doubtful if his Royal Highness would accede to such a request. "Stirling, 3rd May 1578.— The Kingis Majestic and Lordis of Secreit Counsale being informit that thair is divers schippis with wynis laitlie arrivit and to arryve at the portis of Leyth, Dunde, and utheris partis of this realme of the first and best quhairof it is convenient that his Majestic be servit for the use and furnissing of his Hieues hous. . . . Thairfoir ordanis letters to be direct to officiaris of the Kingis, shereffis in that part, chargeing thame to pas, command, and charge all and sindry personis alreddy arryvit or that sal happin to arryve with ony wynis at the saidis portis of Leyth, Dunde, and utheris portis of this realme this present yeir, that they retene and keipe the same wynis \vithin shipburde unlossit quhill the same be taistit waillit, and ane tun of every ten tunnis of the saidis wynis markit and laid in sellar to oure Soverane Lordis use, be his Hienes symleir or Thomas Liudesay, Snawdoun herauld in Leyth, ... or sic as sal have directioun fra him, for thank- full and gude payment at ressonabill and sufficient pryces to be maid thairfoir, and to arreist the saidis wynis, to remane under arreistment in schipburde quhill the saidis wynis be taistit, markit, waillit, and ane tun of every ten tunnis sellarit and laid apart to 406 HISTORICAL NOTES CONCERNING his Majesteis use as said is, as thay will answer to his Hieiies upoun the executiouu of thair offices." {Reg- P. C. of Scot, vol. ii. p. 693.) " Stirling, 23th July 1578. — An act anent the careing of flesche furth of this realme in schippis under cullour of victualling. Forsaraeldll as he taking and careing away all kynd of flesche in grite quantitie for victualling of schippis passand furth of his realme at the haill portis thairotf and speciallie at Leyth and cost syde of Fyifi", quhilk is ane grite vecasioun of derth of all kynd of flesche, ... it is statute and ordainit . . . that all kynd of flesche for \dctualling schippis in tyme cuming be paccit within the frie burghis and portis quhair the saidis schippis lyis and ar to depairt and na utherwayis. And that the provest, bailies and custumaris of the said burgh vesie and consider dili- gently how mekill flesche may serve every schip and thair kippage for that present veyage and according to the nowmer of the kippage and companie appoint to everie schip sa mony barellis or puntionis [puncheons] as for that present veyage sail sufficientlie serve to the first port they ar frauchtit to. And thaireftu' mark the saidis barrellis or puntionis . . . with the commouu merk of the said burgli. And in cais the saidis skipparis . . . tak ony mair flesche . . . nor may serve . . . for that veyage . . . the saidis provest, etc., serche, seik, tak, and apprehend the super- plus of the said flesche . . . escheit and inbring the samyn to our soverane lordis use and deliver the same to his thesawrar S"or the qlk. he salbe haldin to answer our soverane lord yeirlie in his chekker." {Acts of Parlt. of Scot, vol. iii. p. 104a.) The action of the civic authorities was so high- handed that recourse to a higher court was often LEITH AND ITS ANTIQUITIES 407 necessary. The matter was referred to the Lord Ordinary. 13th October 1578. — Complaint by David Kay in Carrail as follows : — He had " brocht into Leith threttie-five bollis of benis, to have sauld the same, bot, finding himself seik, wes compellit to draw hame to his hous, leving behind him Johnne Kyle, indwellar of Leith, to sell the saidis benis in his absence." But on the 18th of July last, Archibald Stewart, then provost of Edinburgh, "come to the said Johnne Kile, and maisterfullie tuke fra him the key of the sellar quhair the saidis benis lay, and sauld and disponit upoun the samyn at his plesour to the complaneris utter heirschip, being ane pure man of foure scoir yeiris and his wyfe of the same aige, and having xii bairnis to sustene upoun the advantage of the said victuall, having wairit thair haill pak thairupoun." The said Alexander Stewart had been summoned, in the usual terms, to appear before the council this day to answer the complaint. . . . Accordingly the Lords " reniittis the said mater to be perse wit and decydit befoir the Judge Ordinar." {Reg. P. C. of Scot., vol. iii. p. 39.) "11th November 1578. — The prouest, baillies, counsall, and dekynis vnderstanding Johnne Dalme- hoy in Leith to hai obtenit ane gift of that pairt of the landis lyand in thair bulwark, sumtyme callit the commoun closetis and of new callit the burs ; and that he hes the Kingis confirm atioun thairvpoun vnder his Hienes greit seill, with precept of sesing as accordis : quhairfoir thay ordane Andrew Stevinsoun, thesaurer, to delyuer to the said Johnne sovme of ane hundreth merkis for his ryclit and titill thairof, and the per- tinentis, the said Johnne resignand the samyn in the handis of ane of the baillies of Leith for hertabill 408 HISTORICAL NOTES CONCERNING iiifeftment to be gevin to the toune and their suceess- ouris thairof, the saidis Johnnis titillis and evidentis being delyuerit to Alexander Guthre and Alexander Vdert conforme to the appoyntmeut maid be thame with the said Johnne at the command of the prouest, baillies, and counsall foirsaid." The Edinburgh dignitaries begin to tax the inhabit- ants of Leith. What authority they had for this pro- ceeding cannot be discovered, but on " l7th December 1578, the prouest, baillies, and counsall, vnderstanding thame selffis to be set and extentit to gryit sowTnes of money for furnessing of my Lord Ruthveing, luifteuant and his com panels to the bordouris, thay ordane Walter Cant and Johne Thomesone, baillies of Leyth, to set the inhabitantis tliairof to the sowme of threttie pundis, according to thair knaulege and conscience, and with diligence, collect, delyuer, and imbring the samyn to Andro Stevinsone, thesaurer, as thay will ansuer vpoun thair vthermest chairge." There is no record as to whether this tax was paid, but probably it must have been ; otherwise, some proceeding of the Edinburgh Magistrates would have followed upon this order to extort the amount. As there was a good deal of uneasiness in Edin- burgh at the attitude of the people in Leith about the month of October 1579, the civic authorities deemed it prudent to make a formidalile show of their authority. Accordingly, at the court immediately following the date at which the men of the town were "menacit," the authorities nominated the Provost of Edinburgh and others (a rather unusual proceeding) to go to Leith and hold the court there. On 12th October 1579, "[The provest, bailies, and council] nominatis the said provest, John Adamsoun, bailhe, and sic vther LEITH AND ITS ANTIQUITIES 409 of the counsall and dekynis, as it sail pleis thame warne to pas doun the morn to Leith for keping of the held courtt thair." We have now an instance of the arbitrary proceed- ings of the Edinburgh Magistrates being overruled by a higher court. 1st December 1579. — Complaint by Virgell Kene, indwellar in Leith, as follows : — James Broun, David Moreis, Thomas NicoU, Johnne Loch, and Adame Henrysoun, burgesses of Edinburgh, and divers others by their persuasion, " hes maliciouslie intentit and persewit ane actioun aganis the said compliner befoir the provest and baillies of the burgh of Edinburgh, for refounding to thame of certane guidis alledgit tint in the schip callit the Jonas of Leith, quhenas scho perischit be storme of wether beside Gran- toun, upoun the aucht day of October last bipast, and for pament to thame of gret sowmes of money for releif of the scaith and expeussis alledgit maid be thame in recovering of ane part of thair saidis guidis." The action is certainly a malicious one, " without ony maner of consideratioun of the work or providence of God, seeing it lay not in mannis power to have preservit the said schip againis sa suddane and viement ane storme, quhairas scho wes at anker ; " and also without respect to the " gret losse and skaith sustenit be the said com- plinar thairthrow, having his schip and haill guidis being thairin pertening to him lossit without re- coverie, beside the perischeing of his haill marineris and equippage." Further, the conduct of the pro- secutors is groundless, because " they sustenit nane or verray litill scaith, in sa fiir as they have recoverit thair haill guidis." Nevertheless, the Provost and Bailies are determined to proceed against the com- 410 HISTORICAL NOTES CONCERNING plainer, and will not fail to give decree against him, unless prevented. He urges that, even were the action just, yet, " being ane actioun of schipwrak," it " apper- tenis properlie to the judgement and determinatiouu of the admirall and his deputis," and his claim is that the Provost and Magistrates, not only as "judges altogidder suspect in this caus, being effectionat towart the inhabitantis of the said burgh of Edinburgh," but also as being incompetent, shall be discharged from proceeding. The five prosecuting burgesses, with Williame Litill and Henrie Neisbett, two of the bailies of Edinburgh having been summoned to appear and answer, and the complainer Virgell Kene, now appear- ing personally, and David Moreis, one of the five, appearing, with Mr. Johnne Crawmound, his prolocutor, who also appears as procurator for the other four burgesses, but neither of the two liailies appearing, the Lords, after deliberation, decide in the complainer's favour. Their order " remittis the said mater to the said admirall and his deputis as judges onlie com- petent thairto," and discharges the Provost and Bailies from further proceeding. {Reg. P. C. of Scot., vol. iii. p. 242.) Alexander Guthre, the town-clerk, having had the seal of Leith in his possession, delivered it to the Magistrates of Edinburgh, and all charters relating to Leith were ordered to be sealed with it on a certain payment. " 9th December 1579. — Alexander Guthre, commoun dark, in presens forsaid, delyueritt to Alex- ander Clark the commoun seill of Leith, quhilk sen thair first bying of the superioritie thairof the tym of his admissioun of principal! dark to the samyn, he had in his custodie quhill now, and ordanit cuery chartour to be subscryuit be thair said principall dark, and seillit & LEITH AND ITS ANTIQUITIES 411 tliairwith, to pay xiij s. iiij d. of dewtie to the said prouest, and that nane of the saidis chairtouris or vther wrytings quhairto the said seill is requesete be seillit without ane special! warrand of the counsall." The Magistrates of Edinburgh again became jealous as to the freighting of ships at Leith, and made strin- gent regulations regarding this matter. " 16th Decern- ber 1579. — Statutes and ordanis that na schippis be fraucht fra this day furth bot in presens of thame and on the counsale dayis, and sic as ar frauchtit be chair ter pairty, that the samyn be maid be thair dark, and alsua tliat the dene of gild, present and to cum, and siclike the clerkis enter nane bot in manner aboue- Avritten, certefeing thame that the gudes transported in the shippes vtherwayes frauchted salbe escheitt ; and further, that the skippers of all schippis to be frauchted outward resave na maner of personis within thair schippis bot sic as sail schaw to thame the baillies tikket under the payne of twenty poundis according to the Acts of Parliament, and that all schippis be frauchtit upon the maner and conditions efter following, and in case the dene of gild or clerk contravene this present ordinance in ony tyme hereafter that the said onlaw of xx li. salbe uplifted of thame and every ane of thame sa oft as they failyie. "Followis the injunctionis to be inviolably obseruit be sic as becomes catioun at the entry of the schippis passing out and in at thair port and havin of Leith. " Item, that at the entrie of euery ship enterit out- ward, the skipper and his awneris fyud ane substantious landit man, burges of this burgh, caution that quhat- somever gudes sal happin to arryve at thair port and hevin foresaid in thair schippis from vtheris countries, salbe lousit upon the south schoir within the fredome 412 HISTORICAL NOTES CONCERNING of Edinburgh as the onlie place appoyntecl for lousiug and laiding hous and sellar, the samyn thair to the effect the samyn may be transported and careit therefra to this burgh, quhen command salbe gevin to thame l)e the prouest and baillies thairof to that effect." "16th December 1579. — Item, in lykemaner that the cautioun to be resauit, alsweill at the outpassing as incuming, be bound and obleist for the skipperis, awneris, merchantis, and marineris that they, in case of ony difference quhilk may happin to fall out betuix avther of thame and the merchantis induring thair voyages, sail submitt thame to the jurisdictioun and jugement of the provest and baillies and counsall of this burgh as only juges competent, butt appellatioun. " Item, that the skipperis and awneris of euery schip find sufficient cautioun and securitie thatt the mer- chandis gudes to be laid to thair schippis be weill and discreitlie handlit and nocht strykin vp without speciall consent of the merchand, awnar, or factour thairto, as alsua that they tak na mair at the poirt for suring of the saidis gudis and merchandises to be imputt in thair schippis, nor is contenit in the tovnis buikis, or in thair chairter pairtie at the frauchting, and the saidis chairter pairties to be maid be thair commouu dark of this l:)urgh and his deputes, for thair mair sure informatioun to be haid thairof conform to the tenour of the act preceding, and siclike that na passingeris nor vtheris be resauit in thair schippis without ane tikket of the baillies, vnder the payne of xx li. to be vplifted and tane of the said cautionar but fauouris, but preiudice alwayis of the paynis contenit in the Actis of Parlia- ment. " Item, that the saidis cautionaris salbe ansuer- able to the customaris and mak payment to thame of LEITH AND ITS ANTIQUITIES 413 the customes of all gudes passing out or in at thair said poirt and baivin conforme to the custome roUis, as alsua for obseruing and keping of all the actis and statutis maid be our Souerane Lordis Maiesties nobill progenitouris, and the pro vest and baillies of this burgh for the tyme, for the weilfair of burrow-is." 17th December 1579. — Complaint by Laurence Fer- gusson, indweller in Leith, on the north side thereof, within the regality of Halierudhous, and of the remaining skippers and mariners there, against the town of Edin- burgh, as follows : — They and their predecessors, " mais- teris, skipperis, and marineris of schippis and crearis," after their navigation and home-coming to the haven and port of Leith, " with the laidningis of thair saidis schippis or crearis, as it sould happin, ayther fi-ome the partis of France for hame-bringing of wynis, or utherwayis fra his Hienes ylis and watteris fra the fischeing of salmound or hering," have been " in use and consuetude, past memorie of man, of portage as ane apart of thair fie and hyir for the said navigatioun, and, at the loissing of the saidis schippis or crearis, hes bene in use and consuetude to carie and transport thair said portage, as it sould happin to thair awin duelling-houssis and fellaris on the said north side, without stop, truble, or impediment, they payand thair- foir thair custumes and dewiteis as effeirit." Lately, however, " the said Laurence Fergusson, maister and skippar of ane schip callit the ' Nicolas,' eftir hir arriving within the said hea\'in of Leith with hir laidning of wyne from Burdeaux, and loissing of the samin upoun the schoir of Leith to the merchantis, as use is, he havand as skipper foirsaid his said portage of wyne, transportit the samin, upoun the ferd day of December instant, to his awin sellar on the said north 414 HISTORICAL NOTES CONCERNING side of Leith, quhair he duellis," whereupon " the provest, baillios, and counsale of Edinburgh, upoun thair usurpit and pretendit maner, havand consavit hettrent and malice agauis the said Laurence causles, he beand passand upoun the Hie Streit of the burgh of Edin- burgh, in doing of his lefull besines as ane of our Soveraue Lordis frie legis, belevand na ewill nor injurie, hes causit put him in thair ward, detenand him thairin for quhat occasioun he knawis not, and will not put him to lil)ertie upoun cautioun, albeit he hes offerrit the same, quhilk they have refusit, without he trans- port agane his said portage wyne to the said south schoir of Leith, and sellar the samin thair to thair plesour, and sua be compulsioun and force to put him to gret and exorbitant expenssis of sellar maill." Parties having thus been fully heard, " The Lordis of Secreit Counsale findis thame selffis judges com- petent onlie to that part of the said complaint tuicheing the retentioun of the said Laurence and putting of him to libertie as a frie persoun, and thairfoir remittis the remanent pointis of the said complaint to be decidit befoir the judges competent thairto as accordis, and, attour, in respect of the saidis twa actis of the said burgh, findis and declairis that the said Laurence sould not be put to libertie quhill the samin actis be satisfiit and tak full executioun as effeiris." {Recj. P. C. of Scot., vol. iii. p. 246.) a X q LEITH AND ITS ANTIQUITIES 415 CHAPTER XXXI REGULATIONS AND OEDINANCES RESPECTING LEITH The authorities not receiving regularly the rents and duties of the Hospital known as St. Paul's Work in Leith Wynd, they issued summary warrants in regard thereto. " 30th December 1579. — The provest, baillies, and counsall being convenit in the counsalhous for resonyiug vpon the common effaires and hering of Maister William Makdowgallis comptes, coUectour of Sanct PauUis Wark, the said Maister William delyuerit to thame four writingis in parchment belonging thairto, quhairof the ane was the foundatioun of the Hospitall of the said Wark, and the vther thrie subscryuit be James Gray, Vincient and Henry Strauthahingis, notaris ; quhilkis evidentis Johnn Jhonstoun, collectour, ressauit and hes in his handis, quhome they ordane to be chairgit thairwitb, and heirvpon the said Maister William askit instrumentis. " The provest, baillies, and counsall vnderstand- ing thame to be greitlie hurt be the nocht having in register thair haill evidentis and rentallis, and in speciall the rentall of Sanct Paullis Wark, ordanis that the samyn be registrat in this thair counsall buke, as alsua thatt the collectour present and to cum, vpliftar of the annuellis contenit thairin and vther dewties belonging to the Hospitall thairof mak thair comptes 416 HISTORICAL NOTES CONCERNING yeirlie with the dene of gild and thesaureris in all tyme cuming ; and assignis to Maister William Mak- dowgall, collectour, Tuysday nixt be sevin houris to mak his comptes. " Heir foUowis the rentall contenyng the annuellis and yeirlie rentt foundit to the Hospitall of Oure Lady, callit Sanct PauUis Wark in Leith Wynde be oure maist reverend father in God, Bischop Thomas Spene, Bischop of Aberdene. Summa of thir annuellis left be the foundatour aboue-writtin is j^xx li. Annuellis infeft to the said Hospitall of Sanct Paull be men of gude memorie sen the deceis of the said foundatour. Summa of thir annuellis foundit sen the deceis of the first foundatour is xvij li. xix s. viij d. Summa of the haill annuellis contenit in this present rentall, deducand the xi s. to the Triuitie College, is j^xxxvj li. xvj s. iiij d." An Inverkeithing shipmaster having complained about Bailie Littill charging for his boat, this was inquired into, but the Magistrates upheld the bailie. "20th January 1579-80. — It being mentionat to thair lordshipis be Henry Symsoun in luuerkething, skipper of ane craiv thairof, that Jhonn Littill, watter baillie of Leith, had begon ane new novatioun vpon him be com- pelling him to pay fourty penneis for his boitt as he allegit within the hawin of Leith, quilk he was never in vse to pay of befoir, and thairfor desyrit that remeid war putt thairto in tyme, and he dischargit of ony sic dewtie in respect of the premissis ; . . . fyndis and delyueris that the said Jhonn Littill hes done na wrang in vplifting of the said dewtie of fourty penneis, in sa far as it is cleirlie vnderstand be thame that the said Henries hes ane spynuill craiv and na boitt quilk of auld dewtie never payit les, nor LEITH AND ITS ANTIQUITIES 417 aucht to pay les for hir ankerage syluer within the hawin nor fourty penueis ; quhairvpon the said Jhoun Littill, watter baillie, askitt instrumentis." The maltmen of Edinburgh desired to keep a check on the measures of the maltmen of Leith ; so the Magistrates and Council of Edinburgh thought it reasonable that surety for their expenses should be given for making three or four firlots with as many picks for " breking of the mesoures of Leith," the measures to be put into the custody of the farmers of the petty customs. " 10th February 1579-80.— The provest, baillies, and counsall fyndis the desyr of the maltmen of this burgh resonabill quhairby they desyrit suretie vpon thair expenssis to cawse mak thre or four fourletis with als mony pekis for breking of the mesouris of Leith, and to be furthcumand to thame quhenever they had ado with metting of ony victualis thair, as vnpossibill sail it be to the samyn ayther to be maid les or mair to the greit vtilitie alsweill of thame as all vtheris our Souerane Lordis liegis resort- ing to Leith, the samyn fourletis and pekis to remane in the custodie of the fermoraris of the pettecustomis thair to be furthercumand as said is ; and thairfoir appoyntis Robert Kar, baillie, together with the dene of gild, thesaurer, and Rychart Abircrumby of the counsall to se the samyn fourletis and pekis met and mesourit and thairefter gevin to the saidis fermoraris to be vsit as is aboue-writtin." An Edinburgh goldsmith had been in arrear of the annual rent of his " land in Leyth," and he applies to the Magistrates to get discharged thereof, and to get his annual rent modified for the future. The civic authorities granted his request. " 24th February 1579-80.— Michaell Gilbert, goldsmyth, referrit him VOL. I. — 27 418 HISTORICAL NOTES CONCERNING in the townes will als weill anent the byerunis as in tyme cuming of the annuel rent of twelf merkis awand furth of his land in Leyth to the freiris predicatouris of this burgh, and of ane merk annuell awand to the saidis freiris furth of his land in the Castell Hill ; and the saidis proucst, baillies, and counsale in con- sideratioun that the said land in Leyth is waist and hes gevin na maill sen the first sege of Leyth, thai discharge to him the byrunis of the said aunuell of xij merkis, and ordanis to pay nyne merkes yeirlie in tyme cuming for the said annuell, dischairgeing him of the rest thairof, and als ordanis him to pay ten merkis for the byrun annuellis of the said annuell, and in compleitt payment of the byrunis thairof, and to mak thankfuU payment of the said amendit annuel in tyme cuming, quliilk the said Michaell acceptit and wes content thairwith, and oblist himself, his airis and assignayes to the payment thairof according to the said compositioun." 25th February 1580. — Complaint by " Jonet Wemys, the spous of Capitane David Murray of Hil- field, now presentlie in the partes of Flanders," as follows : — " Hir said husband, being in the toun of Burges in Flanders, bocht a schip of fiftie-foure tun, callit the Mellingdl" and put it in the charge of Johnne Jamesoun, " to have cumin to the said Jonet." It had arrived "at the port of Banff in Buchane, as port maist convenient for hir commoditie," though meant " to have cumit up the Firth and to the port of Leith, to have bene usit be hir to hir maist proffite and for relief of the said Capitane Davidis debt con- tractit be him." But " Maister Johnne Douglas in Abirdene . . . hes iutromittit with hir said schip, and will not restore and deliver the samin to hir agane. LEITH AND ITS ANTIQUITIES 419 . . . The Lords [of Secrete Counsale] direct letters to be issued, charging Douglas and the rest peremptorily to deliver the ship to the complainer within forty-eight hours after they are charged, under the pain of rebellion and horning." [Reg. P. C. of Scot, vol. iii. p. 359.) Newhaven in early times was, as it continues to this day, notorious for its narrow lanes, crooked closes, projecting stairs, and enclosed spaces. Nor was Leith in those times much better. The dean of guild was not so particular then as he is nowadays, and things were allowed to go on very much as individual proprietors liked, till they reached an almost intolerable pass. "27th May 1580.— [The magistrates and counsal] forasmekill as thai vnderstand that the hie passages leiding betuix the new heavin and this burgh ar gritumely nairowet be the nycht- bouris circumjacent, and in many places incloseit, dyket vp, and haillie labourit and ceillit vp, and als that the hie passages and kairt gaittis within the touu of Leyth ar pairtlie nairowet and stoppet be casting of gottes and fowsis and setting vp of staynes that na kairtis may pas thairby, and be bigging and setting furth of choppis and stowppis of stairis and speciallie in the hie passage leiding by the landis of vuquhill Robert Patersoun in Leyth, now occupeit by his relict Jonet Cant and George Ker, skipper, hir spouse, as als in the Braid Wynd quhair thair is ane chop of new sett furth with stowppis of stairs be Wod, indwellare in Leyth, to the greitt hurt and dammage of oure Sourane Lordis lieges resorting thairby, and to the hurt of the priueleges and liberteis of this burgh ; thairfore thai haif found, concludit, and decernit that the saidis prouest and baillies, with ane pairt of the counsale and honest nychtboures of this burgh, alswiell 420 HISTORICAL NOTES CONCERNING merchantis as craftismen, sail vpoun Tysday nixt in the morning pas and visie the saidis hie streittis and passages, and quhair thai fynd the sam dyket up and ceillit, to cast down the saidis dykes and make ane plane way thairof quhair the samyn has bene of awld, and to pull up the saidis goittis, remoue and tak away the saidis stayues, as als to demolische and cast doun the said chop and stowpes now bigget, and sett Yip be the said Wod in the said Braid Wynd, and to remoue all vther impedimentis maid or laid in the kingis hie streitts, conforme to the liberteis and priueleges of this burgh, and siclyke that the saidis prouest and baillies, at thair downepassing to Leyth, caus oppin proclama- tioun be maid chairgeing all maner of personis that hes any victualles to sell in the said toun of Leyth incontinent thairafter mak patent and oppin the duries of thair selleris, buthis, loftis, and girnelles quhair the said victuall lyes to all our Sourane Lordis lieges quha lykes to by, and fra thiufurth to hald the samyn oppin and patent in time cuming daylie, fra sex houris of the morning to sex houris at evin, vnder na les payne nor confiscation of thair stufe quhensoeir the saidis houses be fund closit ; and the said proclamatioun being maid, gif any of the said selleris, buthis, loftis, or girnells beis found steiket or lokket, that thai caus the samyn be strukkin vp immediatly thairafter and maid patent to all our Sourane Lordis lieges quha lykes to by vpoun reasonable prices, and this becaus it is heavelie lamentit and complenit in name of the puir, as als oppinly bruittet that the saidis victualles ar huirdet up and kepit to ane derth be dyuers wikkit and avaricious personis auneris thairof, and thairfore ordanis the premisses to be done and putt to extreme executioun the said day but forther delay." LEITH AND ITS ANTIQUITIES 421 Occasionally a proprietor considered this order too hard or inapplicable to his particular case, and he applied to the civic authorities to be allowed to retain his projection. A case of this kind occurred shortly after the issue of the above order, but the Magistrates adhered to their resolution. " 1st June 1580. — After consideratioun of the supplicatioun gevin in be Jhonn Dalmahoy in Leyth, desyring licence to retene and hald the twa stane stoppis quhilk is tlie entres to his litill hous in the kingis wark in Leyth, lyand in the Braid AVynd, fyndes the said stoppis with the saitt besyde to narow the hie passages in the said wynd ; and thairfore ordanis the said Jhone to remoue and tak away the saidis stoppes and saittes with all diligence, vnder the payne of wairding of his persoun." Certain " orchard litt " having come to Leith, con- trary to the city of Edinburgh's order, dii-ection was given to have the same searched for and seized. " 15th June 1580. — Ordanis William Littill, baillie, to pas to Leyth and cans serche and seik quhair any of the orchard litt, or sic fals litt laitly cum hame, contrair the townes proclamatioun, may be fund, and to inuentour the sam and putt in vnder arrest, that ordour may be tane thairwith be the counsale the nixt day." On the same day an Englishman was permitted to sell to "freemen" the beans he had brought to Leith. " Grantis licence to James Broun, Inglisman, to sell and dispone in smalles to friemen the beynes brocht in be him at Le}i;h, vpon sic resonabill pryces as he may gett thairfore." But very different was the conduct of the Edinburgh Magistrates when they regulated the buying and selling of dry fish at Leith, and discharged all persons 422 HISTORICAL NOTES CONCERNING from doing this under certain conditions. " 1st July 1580. — Ordanis proclamatioun to be maid throw this burgli, and throw the towne of Leyth, peir and schoir thairof, dischairgeing all mauer of personis to by any dry fische to sell and cowpe agane aboue twa dayis, to serue the mercatis quhill the pepill and countrey quha lykes to by for the sustentatiou of their houssis be first staiket, vnder the payne of confiscatioun of the said fische and pvnisment of the byeris in their persounis at the will of the prouest and baillies of this burgh." Towards the close of the 16th century the chief aim of the Magistrates and Council as regards Leith was to retard or prevent its development, by the most burdensome and oppressive restrictions that their ingenuity could devise. The marvel is that in the face of these the port of Leith was able to carry on a trade at all ; and had not the perseverance and ingenuity of the Leith merchants and traders been so very much greater in evading than that of the Edinburgh authorities in imposing these restrictions, Leith as a place of trade would soon have sunk into obscurity. The indomitable courage of Leith men, however, was not easily subdued. On 8th July 1580 [the provest, baillies, and counsale] " hes thocht expedient, statute, and ordainit, for the weill of all our Souerane Lordis lieges that na maner of per- sounis tak vpoun hand to by any peis, beynes, quheitt, aittis, meill, ry or ony kynd of victuallis brocht or to be brocht in at the port and heavin of Leyth, to sell, regraitt, or cowpe the same ower agane, bot that thai sufi'er and permitt the inbringeris thairof to sell the samyn to all our Souerane Lordis lieges in smallis for sustentatiouu of tliame selfiis, thair houssis, and LEITH AND ITS ANTIQUITIES 423 fameleis, and gif any of the saidis persounis byes the said victual!, that thai mak thair girnellis, loftis, l)uithis, selleris, and houssis patent to all that lykes to by and sell the samyn of na derer pryce nor thai bocht, resouabill consideratioun being had to thair lawfull chairges and expenssis, vnder na les payue nor confiscation of the stufe, and pvnishment of their persounis as regratouris, at the will and plesour of the saidis prouest, baillies, and counsale, quha hes ordanit this present statute to be proelamit oppinly throuch this burgh of Edinburgh and Leyth, peir and schoir thairof, that nane pretend ignorance." The civic authorities occasionally, for what they termed reasonable cause, might relax their orders ; but the cause had to be a very serious one, and the relaxation was never of much account, and invariably attended with a restriction in favour of the city. On 13th July 1580, " For reasonabill caussis moving thame, grantis and gevis libertie and toUerance to Dauid Vaus, indweller of Leyth, after the lossing his pairt of the salt come hame in the schip callit the Trinitie vpoun the sowth schore of Leyth pertening to the fredome of this burgh, to transport and carie the samyn be the brig to his awin selleris on the north syde of the Watter of Leyth, the said Dauid making offer to the guid toun, and resavand pryce at thame, and the said Dauid grantet him to haf resauet the said licence as ane gratitude vpoun the mere guid will and toUerance of the saidis prouest, baillies, and counsale, allanerlie, and without preiudice of thair liberteis and priuelegeis at ouy time theirafter, and this vpoun supplicatioun and requeist airnestlie maid be the said Dauid heirfor. Grantis and gevis licence to Edward Jhonestoun, merchant, and SjTuon Jhonnstoun in 424 HISTORICAL NOTES CONCERNING Dumfries, to transport and cary from Leyth to this burgh the blew brissell laitlie appreheudit in thair possessioun and areistet be the guid toun as forbiddin guidis conforme to the act maid anent fals littis, the saidis persounis findand cawtioun that thai sail nocht dispone nor putt the same away, but to mak the same cumand to the guid toun quhill forther ordour be tane be the said prouest, baillies, and counsale thairanents, and Archibald Johnestoun, merchant, become souerty for thame that the said brissell sail not be disponit bot be maid furthcumand in maner foresaid, and Isobell Littill spous to the said Edward Jhonestoun coufesset that the said brissellis extendis to the quantity of threttie-twa stane or thairby." Notwithstanding the order given on 13th July to Edward Johnston to transport the " blew brissell," the active bailie of Leith had seized the same as contrary to the town's ordinance, and the civic authorities had to issue a further order to Johnston authorising him to sell. On 22nd July 1580, "Grants and gevis license to Edward Jhonestoun, eldare, and Isobell Littill, his spous, to intomitt, sell, dispone upon the blew brissell laitlie brocht hame be the said Edward, quhilk was stayet and arreistet be William Littill, l)aillie, as contrair to the townes ordinance maid thairanent, the said Edward and his spous findand cawtioun that the same sail nocht be usit nor imployed to ony uther wark bot to the occupationis of the skynneirs for lifting thair blew ledder, and that the said act sail nocht be contra- venit be thame nor the said skynneirs in any sort, vnder sic paynes as the saidis provest, baillies, and counsale sail pleis to injoyne." The mealmen of Leith had a glimpse of the benefits of free trade even in these early times, and had opened LEITH AND ITS ANTIQUITIES 425 a free market within the town for the sale of oatmeal and other victual brought in for sale. The civic authorities of Edinburgh would not tolerate this on any account, and on 15th July 1580 they issued an order discharging " the meilmen of Leyth and all vtheris to hald ane oppin mercat within the said toun or owtwith ane frie burgh, and to sell or coup aittis, meill, or any kynd of victuall broclit into the said toun on horsbak, or yitt to sell, cowp, or regratt any victuall brocht in be sey bot that thai ather bring or suffer the sam l)e brocht to ane frie mercat, vuder the payne of confiscatioun of the said victuall, and ordanis the baillies of Leyth to cans this act to be putt to executioun in all poyntis within thair jurisdic- tioun." The mealmen of Leith had to find security for their observance of this order. One of the Edinburgh raaltmen was surety for them, but he had been so badgered in Edinburs-h that he desired to be freed from his pledge. The condition of his being freed is an instructive instance of Edinburgh's intolerance : — 22nd July 1580, "Thomas Flemyng, maltman, enterit the meilmen of Leyth specifeit in the act maid the XV, this day %aij dayes, as he that becomes souerty for thair entrie this day and protestet to be fred ; and the saidis prouest, baillies, and counsale ordanit thame and William Crawfurd, ane vther of the meilmen of the said toun, to enter thair persounis in waird, thair to remayne vpoun thair a win expenssis ay and quhill thai become actit and found sufficient souerty for keping of the act maid be the guid toun this day viij dayes anent the bringing of thair victuall to frie merketis." The unfortunate men of Leith were not even allowed to weigh their goods in Leith. It was an " unfree " 426 HISTORICAL NOTES CONCERNING town, and no kind of weights were of authority there or allowed to be used for any purpose. On 12th August 1580, "George Duncane, tailyour, become cawtioun and souerty for Jhoun Wilsoun, cvstomer in Leyth, that he sail nocht wey any kyndes of guidis within the unfrie touu of Leyth at any tyme heirafter contrair the liberty and fredome of this burgh, vnder the payne of j""- merk to be payet to the guid toun swa oft as it sail be fund and tryet that he hes vsit any kynd of wechtis within the said toun of Leyth, and siclyke the said George become souerty for his entrie at the instance of Jhone Watt, customer, as law will." The civic dignitaries would not permit an Edinburgh man to reside in Leith, and if he did he lost his burgess- ship and freedom of the burgh. On 12th August 1580 [the provost, bailies, and council] " ordanis ane officiar to pas and wairne Jhone Williamesoun, in Leyth, to compeir before thame on Wednisday nixt to her and se him be decernit to haif tynt and forfaltit his burges- schip, liberty, and fredome of this burgh for nocht remaining nor making his residence within this burgh, nor bering portabill chairges within the sam this yeir bypast, or ellis to schaw ane resonabill caus in the contrair ; with certificatioun to him and he failye thai will decern him to haif tynt the same in maner foresaid, becaus he was chairget to this effect of before, and com- peirit nocht." This was followed by an order finding and declaring that he had lost his burgess-ship : — 17th August 1580, " Fyndes, declairis, and decernis Jhonn Williamesoun, indweller in Leyth, to haif forfaltit and tynt, lyke as be thir presentis thai decern him to forfalt and tyne, his liberty and fredome as burges and gild brother of this burgh in all tyme cuming be quhatsumeuir rycht LEITH AND ITS ANTIQUITIES 427 or title he had or hes bruiket the samyn in any tyme bygane, and ordanis his name to be deleitt and putt furth of the gild buik of the samyn and him to haif no liberty nor priuelege within the same heirafter, becaus he hes nocht remaynet this lang tyme bygane within this burgh and borne na portabill chairges within the same, bot reteiret and drawin himself, houshald, and guidis furth thairof, and dwelt in ane vnfrie toun, and, the said Jhone compirand this day judiciallie before tbame to answer to the premissis, being oft tymes chairget and wairnet tliairto of before, and being re- quyret to cum and dwell within this burgh and to ber the chairges belanging to ane frie burges within the same betuix and Martymes nixt, refusit to do the samyn and culd schaw na resonabill caus in contrer heirof, quhairfore thai decernit as said is." The boundaries of the links of Leith were in danger of being trenched upon or lost sight of; so, on 7th September 1580, the Magistrates " ordanis Andro Steuinsoun, thesaurer, with all possil)ill diligence to provyde greitt staynes to be methis and merches betuix the townes lynkis of Leyth and the landis of Jhone Logane, of Coitfield, that the merches may be placet and renewet as thai wer sett of awld." The people in Leith were not allowed to make candles for light to themselves, nor to melt tallow. The following is an illustration of the orders issued as to this : — 28th October 1580. — " Thomas Lamb, candil- maker in Leyth, being calUt and accuset for moltein of talloun in the vnfrie toun of Lej-th, and selling and topping of cramery waires, and of cheis, hem, butter and siclyke, thai dischairge him of all making and melteing of talloun within the said toun, and of topping and selling of the saidis waires heirafter vnder the 428 HISTORICAL NOTES CONCERNING payne of escheting thairof sua oft as the sain sail be apprehendit, and dischairges him of all dwelling and remayning within the said toun fra Mairtymes nixt furth, ordaning him ather to repair to this burgh or to leif the said toun of Leyth, vnder the payne of pvnischeing him in his body and guidis at thair plesouris." On 30th December 1580 the Provost, Bailies, Council, and deacons of crafts, granted to Jhonn Guthre " the office of clerkship of the towne of Leyth on the sowth syde of the watter thairof, pertening to the prouest, baillies, counsale and deikins and community of this burgh, as lordis superiouris of the same." John Guthrie acknowledges receipt of certain valu- able books. It would be interesting to know about them, particularly whether they are still in the custody of the city of Edinburgh. 4th January 1580-81. — " Jhonne Guthre, clerk of Leyth, confessit and grantet him to half resauet in name of the guid toun awchtein cowrt bulks of the toun of Leyth, writtiu be vmquhill Jhonn Robertsoun, clerk thairof, and his seruandis ; to witt, ane court buik begynnand 4 Decembris 1567, and ending xj Aprilis 1573; certane court buikis fra the xj of Julij 1573, to the viij of Marche 1575, extending to sevin bulks ; ane buik begynnand 5 Junii 1576, and endand xv of November 1576; ane buik begynnand xvij Novembris 1576, and endand xv Maij 1577; ane buik begynnand xvi Maij 1577, and endand xiiij Novembris 1577 ; ane buik begynnand XV Novembris 1577, and endand the penult of May 1578 ; ane vther buik begynnand xiij Junij 1580, and endand xxv Octobris that yeir ; ane buik begynnand the last of May 157-, and endand xx Januarij 1578; LEITH AND ITS ANTIQUITIES 429 ane minute or scrow begynnand in November 1567, and endaud in May 1570 ; ane buik begynnand the xvj Aprilis 1574, to the xxvij of Julij that yeir ; ane buik of the daitt xiij Decembris 1572, and endand viij of Julij 1573 ; ane scrow buik begynnand viij of Sep- tembris 1568, and endand the xxix Marche 1569 — making in the haill awchtein buikis ; quhilkis he oblist himself to mak furthcumand to the prouest, baillies, and counsale of this burgh quhen thai pleis call thair- fore." The mealmen in Leith had been selling their meal in the town to the inhabitants in open market, but this could not be tolerated by the civic dignitaries ; so, on 14th April 1581, " Ordanis Jhone Sym, baillie, to pas to Leyth on Tysday nixt, and hald court thair vpoun the mcilmen, and dischairge thame of all holdin of oppin mercat thair of meill, or topping of the sam, in hurt and preiudice of the liberty of this burgh, vnder the payne of ane vulaw." On 5th May 1581 the Council "ordanis Jhone Eobesone, thesaurer, to caus red the grund of the towuis land and waist besyde the schoir of Leyth, callit the Burse, and to dyke and fowsie the same, and to sett vp ane place thairvpoun and ordour the townis aisler staynis lyand owt of ordour, and in perrell of tynsale and steilling." On 12th May 1581, " Aneut the supplicatioun gevin in for the pairt of the inhabitants in the toun of Leyth, desyring thaire present extent to be dischairgit, in respect of thaire present povertie, and that thai war nocht in vse in paying of ony extent to thair superioris in tymes bypast, findis the contrarie heirof to be weritie, and thairfore ordanis thame to mak payment of the said extent, nocht withstanding the premissis, and als ordanis 430 HISTORICAL NOTES CONCERNING the bailleis of Leith to dischairge the baxteris thairof of bakein of ony aitt laewis conforme to the proclama- tioun maid thairvpoun." An unjust measure was an abomination to the Magistrates, particularly if used in Leith. On 17th May 1581 the following order is pronounced: — " Or- danis Jhonn Robertsoun, thesaurer, to caus mak aucht new furlettis of the just messour, for to be mesour for seruing the wild auentoures of Leyth, and to delyuer the sam to the fermoreris thairof; and siclyke ordanis him to caus mak ane just new mesour of the half boll mett to be straiket and conform to the new furlettis, and the same be mett and judgeit in presens of ane pairt of the counsale." The Magistrates were careful that no hoarding of victual should take place in Leith ; so, on " 24th May 1581, the foresaidis prouest, baillies, and counsale hes accordit that my Lord Prouest, with sum of the baillies and nichtbouris of this burgh, sail pas the morn to Leyth, and viseit the girnaris of victuall, and quhair any beis fundiu closet and victuall to be huirdit, that thai mak opin durris and execute the paynis contenit in the townis statutes maid thairvpoun." This, so far as we have discovered, is the first time the Provost of Edinburgh is styled " Lord Provost." On Friday 2nd of June 1581, the date of the exe- cution of Morton, who had been regent from 1572 to 1578, "the prouest, baillies, and counsale, under- standing that James, Erie of Morton, is to be execut to the deid afternone for certain crymes of lese maiesty, ordanis Andrew Steuenson, for honour of the toun, to cause mak ane new garment and stand of claythes of the tounis liveray to thair lokman with expeditioun, and Jhone Robertsoun, thesaurer, to refound to him the LEITH AND ITS ANTIQUITIES 431 expenssis." Morton was accordingly executed by "the Maiden" on Friday 2nd June 1581. Whether the authorities found any victual hoarded at Leith is not recorded, but it is recorded that no kind of goods could lawfully be weighed in Leith. On 23rd June 1581, " Adame Eobertsoun, in Leyth, oblist himself nocht to wey any maner of irne, lynt, or hemp, or ony wey guidis at any tyme heirafter within the vnfrie towne of Leyth, vnder the payne of x li. to the puir swa oft as he beis tryit to half done the samyn." On 30th June 1581, " Becaus it is necessar that provisioun be maid for the townis commoun warkes of the best and reddiest tymmer presently in Leyth, ordanis the dene of gild and thesaurer and Andrew Stevinsoun to visy the said tymmer and by the sam and mak pryce thairof to the tounes behuif; and syclyke referris vnto thame and Robert Bog of the counsale to tak ordour for vpbringing and placeing of the aisler staynes cum fra St. Colmes Inche and lyand on the schore of Leyth." The civic authorities of Edinburgh had not much respect for the ancient ecclesiastical edifices. The stones from the abbey of Inchcolm were, in their esti- mation, well enough employed in causewaying the town of Leith. On 5th July 1581, "Ordanis James NicoU, baillie, with the persounis before namet, to tak ordour for vpbringing of the aisler staynis cum fra Sanct Colmes Inche, and to see the sam placet in the over kirkyaird ; and siclyke that thai intreat with the inhabi- tantis of Leyth for leding of staynes to repairing of the calsayes betuix this burgh and Leyth." Presumalily, the abbey stones were found to be of superior quality, so they are ordered up to Edinburgh. On 7th July 1581, "Ordanis the aisler staynes per- 432 HISTORICAL NOTES CONCERNING tening to the guid toune, and lyand besyde the schore of Leith, to be cairtit and transportit to the over kirk- yaird of this burgh, and the thesaurer to agrie with the cairteris and workmen for careing thairof, and thai to haif fyve pund allenarly for the cariage of ilk hundredth staynes." On 12th July 1581, " Comperit Alesoun Makneill, the relic of vmqhile Jhone Robertsoun, clerk of Leyth, and Archibald Noruell, notare, and producet twa court buiks of the said toun of Leyth ; the ane thairof begyn- naud the xxj of Januar 1578, and endand the xvij of October 1579; the vther begynuand the said day of October and endand the fourt of Maij 1580; (|uhilk buiks wes instantly delyuerit to Jhone Guthre, clerk of Leyth, quha oblist himself to mak the sam furth- cummand to the guid towue ; forther the saids provest, baillies and counsale decernis and ordanis the said Archibald Noruell to desist and cease from all vsing or exerceing in ony tyme cuming of any thing quhilk the clerk of Leyth in tymes past lies bene in vse to exerce concerning his office ; and specially fra all subscryving or gevin furth of ony acts or decreitts in tyme cuming ; to the quhilkis the said Archibald consentit." LEITH AND ITS ANTIQUITIES 433 CHAPTER XXXII ENTRY OF THE KING INTO EDINBURGH, AND DOWT^FALL OF MORTON Though Scotland was now settled in profound peace, many of the evils which accompany civU war were stUl felt. The restraints of law, which in times of public confusion are little regarded even by civilised nations, were totally despised by a fierce people who had never been accustomed to the regular administration of jus- tice. Morton, having nothing to fear from domestic enemies or foreign intrigues, set himself to redress the disorders, which had become intolerable in every part of the kingdom. By his energy and industry it was reduced to a state of order. But he lost the reputa- tion due to this important service by the avarice he showed in rendering it. His own exactions were more injurious to the nation than all the abuses which he had suppressed. The weight of his oppressive adminis- tration fell on all ranks of the people. Groaning be- neath the yoke of his rule, and welcoming the first prospect of a milder government, they turned their eyes to James, who was now (1578) in the twelfth year of his age. As he was not yet old enough to assume the reins of government, the Regent still disregarded the sentiments of the people, who encouraged James's guardians to anticipate that period. This idea also VOL. I. — 28 434 HISTORICAL NOTES CONCERNING became the settled conviction of the greater part of the Scottish nobles. Their almost unanimous concur- rence in the accomplishment of this project, deter- mined Morton to resign. His resignation was followed by the King's acceptance of the government, which was proclaimed on 12th March 1578. Morton's enemies were, however, too precipitate to be successful in the prosecution of any further measures for his destruction. The young Earl of Mar had taken the castle of Stirling, where the King resided, and gave the custody of his person to Morton. He was thereby enabled to overawe the youthful monarch, and thus bear the chief sway in Scotland as effectually as he had ever done when regent. But "on 8th September 1579 there took place an event which was to be of enormous consequence in the history of Scotland for some time to come. This was the arrival at Leith of Esme Stewart (sometimes Latinised into Asiatics Stewart), Lord D'Aubigny in France. He was the son of the late John Stewart, one of the King's granduncles, i.e. a brother of the late Matthew, Regent Lennox, and of the present Robert, Earl of Lennox. This John Stewart had emigrated to France and become a naturalised Frenchman, with the title of Lord D'Aubigny in Berry, inherited by an old right accorded to his ancestors of the Scottish family of Lennox for their services in France as far back as 1424. He had left children, of whom the eldest was this Esme Stewart, now Lord D'Aubigny, essentially a French- man, about thirty years of age, ' a man of comely proportion, civil behaviour, red beardit,' and father of several children by a French lady. Either he had been spontaneously thinking of his family connection with Scotland, and of the fine prospects there might be for him and his in that kingdom in the young age LEITH AND ITS ANTIQUITIES 435 of liis relative, King James ; or there had been com- munications to him from some of Morton's enemies in Scotland, to induce him to come over and gradually assume that leadership of the opposition to Morton which had been vacated by the death of the chancellor, the Earl of Athole. In any case, he had come over, leavino; his wife and children in France ; and his arrival at Leith, accompanied by ' one called Monsieur Mom- birneau, a merrie fellow, able in bodie and quick in spirit,' and by some others, all Roman Catholics like himself, made a great stir. He ' was honorablie con- voyed by the magistrats of Edinburgh,' on his way to the King at Stirling (Calderwood, iii. 457). There was much speculation as to his purpose ; and, though it was given out that he had only come to congratulate the King and make some inquiries about the Lennox property, and that his visit would be short, the rumour ran at once that he had French gold mth him, and was an emissary of the Guises of France and of the Pope, for interference in the affairs of Scotland." {Reg. P. C. of Scot., vol. iii. p. 213.) Morton, who could no longer keep the King shut up within the walls of Stirling Castle, was obliged to bring him to Edinburgh, where Parliament had been sum- moned to meet. The civic dignitaries of the capital made the most expensive preparations, which far exceeded all former attempts of the kind, for the recep- tion of their sovereign. For the greater magnificence of that occasion, they gave orders that the citizens were to appear in rich dresses ; the merchants in black gowns, and the wealthier magistrates in " velvet of purple lynd with reid tafatie " ; and the city officers were to provide themselves at their own expense with new liveries. The town was to be one scene of fes- 436 HISTORICAL NOTES CONCERNING tivity and splendour, and its streets were to be hung with tapestry and costly arras-work. To still further ingratiate themselves with the King on his " heir- coming," they resolved to present him with an elabor- ate cupboard, made of silver overlaid with gold, and with several pieces of silver-plate. Regarding their manufacture they issued the following instructions : — 20th August 1579, [The bailies, dean of guild, council, and deacons of crafts] " ordanis as of befoir that ane copburde of syluer, ourgiltt, of weichtt vnder- writtin, be maid and prepaired with diligence to the Kingis Maiestie cuming to Edinburgh, viz. — Ane basene and ane lawer weyhaud vj''" vnces ; twa flaketis of viij puudis wecht ; sax coupis with coveris, every ilk ane of four thairof to wey tuenty-aucht vnces, and vther twa of tueuty-four vnces the peir ; four chand- leris of sax scoir vnces ; ane salt faltt of tuenty-four vnces ; ane trunchour of tuenty vnces ; ane dozoun of trunchouris at x vnces the pece ; summa, vj'" vnces ; and this wark gevin to be maid rady with all diligence to Eduard Hertt, Thomas Drummand, George Hereof, Adam Craig, and AVilliam Lokky, goldsmyth, and they to wark the samyn in sic decent and substantious maner as salbe thocht expedient be the visitouris and ouersearis appoynted to the veseing thairof of the tovnis mark, and that the samyn be compleit agane the [blankl day of [blank] nixttocum ; for the quhilkis causis the saidis provest, baillies, counsall, and dekynis ar bund to furneis to the saidis goldsmythis in dew tyme sic sufficient wecht of syluer as mycht serve thair turn for the mair haistie entree thairof, and the saidis goldsmythis to haif for the making and ourgilting of euery ilk vnce of the said wark to be maid be thame fyve schillingis Scotis at the completing of the said LEITH AND ITS ANTIQUITIES 437 wark ; and siclike ordanis the baillies to provyde syluer, and vpoun the prices to be gevin thairfoir the saidis baillies to geve thair obligationis to thame quhom fra they resave the said syluer, and they to releve them." Leith, however, was not to be represented in the pageant. There seems to have been a considerable ground-swell of grumbling and complaint in Leith at the time. What the precise cause of it may have been does not very clearly appear, but the fact of its existence is well attested. It may have been a slumber- ing revolt against the domination of Edinburgh, or it may have been a spirit of disloyalty. 3Iore prolaably it was the former, as Leith was always a loyal place, but sorely burdened by the grievous rule of Edinburgh. "30th September 1579. — The prouest, baillies, and coun- sall forsaidis ordanis William Adamsouu and Eychart Abircrumby, baillies, and John Johnstoun of the counsall, togither with John Guthre, dark, to pas doun to Leith wuth all diligence possibill, and in the tounis name, as superiourLs thairof, to desyr the inspectioun of thair chairge gevin to thame be the Kingis maiestie to meit his Hienes in armour to quhome thay geve powar in thair names protestatioun to mak, etc. : quha, conforme to thair commissioun past doun and inquyrit of Walter Cant and John Thomsoun, baillies of the said toune of Leith, in presens of maister John Prestoun, George Johnstoun, James Nicoll, James Prestoun of the said toune of Edinburgh, Andrew Logane, [blank] Smalum, John Lufe, Androw Lamb, John Williamsoun, in Leith, the command to be schawin to thame ; quha ansuerit they had nane in writt bot be tong ; and John John- stoun, in name foresaid, as superiouris, dischairgit thame to pas furth in armour becaus the samyu was 438 HISTORICAL NOTES CONCERNING contrair the ordour of the proclaniatioun, and an war- rand was schawin, and protested that inasfar as they schew na commissioun be writt, the gude toune, as superiouris, suld be frie of the paynis contenit in the said prochimatioun maid on Monunday Last, and that they were culpablie in disoljedience inasfar as afoir thair outpassing and putting thame selues in armour they aduerteis nocht the toune thairof, and that thairby the toune war hamieles and skaythles of the paynis con- tenit in the said proclamatiouu, and that inasfar as they past fordwart but thair command they war nocht to ansuer thairfor." One of the Edinburgh bailies was deputed to inquire into the cause of discontent. On 9th October 1579, "It being inquyrit be Henry Nesbett, baillio, in name of the baillies and counsall foirsaid, of Walter Cant, bailie of Leith, quhat men within the said toune war menacit be ony of the nychtbouris of this burgh, and quhat war their names, quhairby, as the said Walter allegit, they ferit to geve their generall mustouris the morn, ansuerit he culd nocht schaw thair names in speciall, in sa far as the samyn was spokkin opinlie vpoun the schoir be a greit multitude at the making of the tounis proclamatioun the day precedand, and thairfoir the said Henry Nes- bett, in name foirsaid, protested insafar as he refused to schaAv the menis names in speciall quha war menacit, as alsua the menacouris of thame, and insafar as gif they knew thair names they war walling to se all wrangis redresit, that this thair offer war sufficient to seclude all cause of complaynt heirefter quhilk ony of the induellaris of Leith vpoun the allegit hoisting of thame mycht inuent." It is evident that there was a fear of making a LEITH AND ITS ANTIQUITIES 439 general muster in Leith, for some cause or other. The men of Leith were apparently "menacit" by the neighbours of Edinburgh, but the canny bailie was afraid to give their names. Experience teaches even fools. The unfreemen of Leith had learnt, by ex- perience, that if they came into collision with their superiors of Edinburgh they might reckon on being locked up in the city tolbooth. If they had been wronged, they had to bear their injuries in silence or sufier imprisonment. The rejoicings on the King's entry, nevertheless, proceeded. Maitland {Hist, of Edinburgh, p. 37) thua describes the celebration of that event: — "The King, arriving in the neighbourhood of the city, dismounted without the West Port, where he was received by the Magistrates uncovered, and conducted into the town under a magnificent canopy of purple velvet. At the West Port he was saluted by a person representing King Solomon, attended by a numerous train in Jewish habits, with the two women striving for the child. Thence proceeding to the West Bow, suspended therein was a large polished brazen globe ; from which in a machine descended a Cupid, who presented him with the keys of the city gates, made of silver, in a silvern bason (which is lost, but the two keys with a silvern chain are still to be seen in the Town's Charterhouse), accompanied with an excellent concert of music ; and, arriving at the Tolbooth, was harangued by persons representing Peace, Plenty, and Justice, in the Greek, Latin, and Scottish languages ; and at his entering St. Giles' Church was addressed by Religion in the Hebrew tongue ; and after sermon repaired to the Market Cross, where Bacchus on a gilt hogshead was distributing wine in bumpers amongst the people, 440 HISTORICAL NOTES CONCERNING under the sound of trumpets and loud acclamations of the citizens. At the Netherbow was erected the Na- tivity, and over it the genealogies of the Scottish kings from Fergus I. During the procession the streets were bestrewed with flowers, while the ordnance of the castle loudly ^^roclaimed his welcome." These demonstrations of the people's love and attach- ment to their sovereign were favourable to the I'ipening of the plot against Morton. He now began to be sensible of his danger, and endeavoured to check the career of Lennox's preferment by representing him as a formidable enemy to the Reformed religion, a secret agent in favour of Popery, and a known emissary of the house of Guise. Tlie clergy, apt to believe every rumour of this kind, spread the alarm among the people. But Lennox, either out of complaisance to his master, or convinced by the arguments of some learned divines whom the King appointed to instruct him in the principles of Protestantism, pul)licly re- nounced " the errors of Popery " in the churcli of St. Giles, and declared himself a member of the Church of Scotland by signing her Confession of Faith. This, though it did not silence some zealous preachers, abated in a great degree the force of the accusation. On the other hand, a rumour prevailed that Morton was pre- paring to seize the King's person, and to carry him into England. Whether this report was false or true, it afforded a pretext for reviving an office which had been in abeyance. " In pursuance of a resolution at a Council meeting on the 24th of September, at which one notes that Morton was not present, the King had instituted an office to be called that of ' High Chamberlain and First Gentleman of the Chamber'; and at the Council meeting LEITH AND ITS ANTIQUITIES 441 of 15tli October, at Holyrood, at which both Morton aud Lennox were present, Lennox was nominated to this new dignity, with the Master of Mar as his deputy, and with twenty-four gentlemen of the chamber in ordinary, and six others as gentlemen-extraordinary under them. One of the twenty-four gentlemen-in- ordinary, however, was pre-eminent among them in this character, and was to obtain a position more extra- ordinary than that of Lennox himself in the history of Scotland. This was ' Capitane James Stewart of Uchiltre,' second son of Andrew, Lord Uchiltree, one of the Reforming lords of Scotland, and called ' the good Lord Ochiltree.' He had received an unusually good education, had been a soldier of fortune in France and Sweden, and had travelled much, had but recently returned to Scotland, — ' a daring and able man,' says Mr. HUl Burton, of ' noble presence and elegant accom- plishments,' says Tytler, and had become indispensable to the King and Lennox, and captain of the King's guard. A fact of curious interest in his biography is that he was the brother-in-law of John Knox, his sister, Margaret Stewart of Ochiltree, having become Kjiox's second w4fe, in 1564, when Knox was in his sixtieth year and she only in her teens. Since the Eeformer's death, in 1572, she had married Andrew Ker of Fawdouside, and she was still alive to observe the progress of her brother in a career which Knox, with all his prophetic instincts, could not have foreseen. Knox's character of the good Lord Ochiltree, that he was ' a man rather borne to maik peace then to brag upoun the calsey,' was strangely reversed in his son. " He was already a great favourite with the King, and captain of his guard, and had attached himself to Lennox as his agent and client, though surpassing him 442 HISTORICAL NOTES CONCERNING ten times in energy and ability. For two months more Morton still presides at the Council Board in Holyrood House, with Lennox present as but one of the other councillors, and taking no special precedence as yet on account of his new dignity, while the hand- some Captain Stewart of Ochiltree is pacing the court- yards and corridors outside during the Council meetings, as no councillor himself, but only captain of the guard. "On Saturday the 31st of December 1580 Morton had taken his place as usual at the Council table in Holyrood House, the King being present. After some unimportant business had been transacted, the usher entered and announced that Captain James Stewart was at the door and craved an audience. No sooner had he been admitted than, advancing to the table and falling on his knees before the King, he declared that his duty had brought him there to reveal a wicked- ness too long obscured, and denounced ' that man now sitting at the table,' pointing to Morton, as having been accessory to the murder of the King's father. Morton behaved courageously, and there was an interchange of some vehement sentences between him and Stewart, threatening to end in a personal encounter, when, on the advice of the Justice-Clerk, it was decided that, as Morton had been accused of high treason, he must be committed to ward to take his trial regularly. That night and the next day he was kept in custody in his own lodging in Holyrood, and on Monday the 2ud of January, between eleven and twelve o'clock, he was conveyed up the Canongate and High Street to prison in Edinburgh Castle." {Reg. P. C. of Scot, vol. iii. pp. xxxii., xxxiii., and 323-4 footnote, and 339 foot- note.) From there the King, on the 18th of January, LEITH AND ITS ANTIQUITIES 443 ordered the Provost, Bailies, and Council of Edinburgh to remove him to the castle of" Dumbarton, for which purpose they were to provide one hundred of their ablest men-at-arms. Obeying these instructions, they raised a company of a hundred soldiers, and elected Hew Lauder, burgess, to be their captain. They also furnished another body of a hundred men as a guard to attend on the King's person, as he, fearing an attempt of the Douglases to rescue their chief, had requested. Elizabeth did not fail to interpose in behalf of a man who had contributed so much to preserve her influence over Scotland. But the greater solicitude she dis- covered for Morton's safety, the more eagerly did his enemies drive on their schemes for his destruction. Captain Stewart, who had been his accuser, and had recently procured from the King the vacant earldom of Arran, was commanded to conduct him from Dumbarton to Edinburgh for trial. He was found guilty of being engaged art and 2ia)'t in the conspiracy against the life of the late King. A sentence of treason was pronounced against him, in terms of which he was beheaded on the 2nd of June 1581. 444 HISTORICAL NOTES CONCERNING CHAPTER XXXIII STRUGGLE AMONG THE NOBLES FOR SUPREMACY. SPANISH INTRIGUES Though Mary Queen of Scots liad l)een removed from Scotland to England, and there kept in captivity, a close correspondence was carried on between the King and his mother, and great progress made towards uniting their titles to the Crown. This could not fail of endangering or diminishing his authority, and must have proved fatal to those who had acted against her. It irritated the impatient spirit of the Scottish nobles. The Earls of Mar and Glencairn, Lord Euthven, lately created Earl of Gowrie, Lord Lindsay, and other lords, with several barons and gentlemen of distinction, entered into a " band " for the purpose of rescuing the King out of the hands of the favourites. Their security and the King's situation encouraged the conspirators to have immediate recourse to force. James, after having resided for some time in Atliole, where he enjoyed his favourite amusement of hunting, was now returning to Edinburgh with a small train. He was invited to Euth- ven Castle, which lay in his way, and, as he suspected no danger, he went thither in hopes of further sport (August 12, 1582). The next morning he prepared for the field ; but, just as he was ready to depart, the nobles entered his bedchamber in a body. He made LEITH AND ITS ANTIQUITIES 445 an eifort to reach the door, but was rudely stopped by the Master of Glaruis. The King complained, expostu- lated, threatened, and, finding all these expressions of his feelings without effect, burst into tears. " No matter," said Glamis fiercely, " better children weep than bearded men." These words made a deep impres- sion on the mind of the King, by whom they were never forgotten, and he who spoke them is best remem- bered by them in Scottish history. The conspirators treated the royal captive with great respect, but guarded his person with the utmost care. Lennox and Arran were astonished to the last degree at an event so unexpected and so fatal to their power. The latter considered it necessary to acquaint the Common Council of Edinburgh " that the King, being detained prisoner by the Earls of Gowrie and Mar, and Master of Glamis, desired them to concur with him in writing to the neighbouring barons to concert proper measures to be taken in the present dangerous situation of aflairs, and, in the meantime, should his enemies endeavour to apprehend him, how would they behave on that occasion." The Council did not feel disposed to take this action, and the King himself, on 25th August 1582, wrote a letter from Perth, desiring them to take action and appoint a watch at each port to prevent sur- prise, and that no men-of-war be levied without his con- sent, " that ye may with helping the ferry, port, and passage of Leith open and patent to all our peaceable and quyet subjects to gang and come as they sail have occasion, as ye will answer to us upon the contrarie." Meanwhile, James, becoming every day more uneasy under his confinement, was eagerly seeking an oppor- tunity for making his escape. He secured a friend in Colonel William Stewart, who was the brother of the 446 HISTORICAL XOTES CONCERNING Earl of Arran and the commander of the royal body- guard, and who became the principal agent of the King's restoration to liberty. He accompanied James, who had been permitted to go from Falkland to St. Andrews on a visit to his granduncle, the Earl of March. At first the King lodged in an open defenceless house in tlie town, but afterwards, pretending a curiosity to see the castle, he had no sooner entered within its walls than Colonel Stewart commanded its gates to be closed, and all but the King's trusted attendants to be excluded. Next morning the nobles to whom the secret had been communicated entered the city with their followers. Though Mar, with the chief leaders of the opposite faction, appeared in arms, they were so far outnumbered that they abandoned the idea of recovering possession of the King's person. As a result of the temporary success of the Raid of Ruthven, the Duke of Lennox had been obliged to leave Scotland. The King had issued the order for his departure with no less reluctance than the Duke had obeyed it. Both mourned a separation which neither of them had power to prevent. Soon after his return to France the fatigue of the journey or the anguish of his mind threw him into a fever. In his last moments he discovered such a firm adherence to the Protestant faith as fully vindicates his memory from the uncharit- able reproaches of the Scottish clergy. As he was the earliest and best-beloved, he was perhaps the most deserving, though not the most able, of all James's favourites. A few months after his death, his son, " Ludovic Stewart, now Duke of Lennox, in succession to his father, Duke Esme, was on his way to Scotland fi'om France. His arrival on the 13th of this month (Nov. LEITH AND ITS ANTIQUITIES 447 1583) is thus noted by Calderwood : — ' Upon "Wednes- day the 13th, at night, the Duke of Lennox's eldest son landed at Leith, accompanyed with the Master of Gray, son to the Laird of Craigiehalls, and five or six others, Papists. Tlie day following, Huntlie, Crauford, Montrose, and Collonel Stewart, come to Leith, and convoyed him to Kinneill to the King, who was exceed- ing glad of his coming.' " {Reg. P. C. of Scot, vol. iii. p. 609.) The other favourite had been confined to the castle of Stirling, but had afterwards been permitted to reside in nominal seclusion in his own house of Kinneil. As soon as the King felt himself at liberty he expressed a strong desire to see Arran. The courtiers were violently opposed to the return of the minion, but were obliged to yield to James's importunity. This interview re- kindled ancient affection. Arran regained his ascen- dency over the King, and resumed the exercise of power which he had wielded before. This revived influence of Arran over the royal mind led to the banishment of those nobles who had been most deeply involved in the Raid of Rutliven. The execution of Morton having deprived Elizabeth of her control over the Scottish councils, she now de- termined to use her utmost efibrts to regain it. Three diflferent methods were available to her for its recovery : either she might furnish the banished lords with such efiectual aid as would enable them to resume the chief direction of affairs, or she might enter into such a treaty ■with Mary as might intimidate her son ; or she might secure the direction of James by gaining the Earl of Arran to her side. The last was not only the easiest and speediest, but the most likely, plan to be successful. This policy Elizabeth resolved to pursue, but without 448 HISTORICAL NOTES CONCERNING laying the other two courses altogether aside. With this view she sent one of her principal secretaries into Scotland. This was Davison, whose honour and happiness she afterwards sacrificed to her love of dissimulation. By a return of compliments, James appointed the Master of Gray his ambassador to England. Him Elizabeth secured to her interest by bribes and caresses. As she had, for a time at least, withdrawn her support from the Scottish political exiles, the embassy of Gray was regarded a success, and his favour with the King was greatly increased. To gratify Elizabeth, on the other hand, Gray, on his return to Scotland, per- suaded his royal master to write a harsh and undutiful letter to his mother, in which he refused to acknow- ledge her to be Queen of Scotland, or to consider his affairs as in any wise connected with hers. This cruel requital of the bold stand she had made in defence of their mutual rights to the English Crown, must be im- puted to his excessively facile temper, which often led him to yield to his courtiers at the expense of his own dignity and reputation. For James was not of such an age that his youth and inexperience can be pleaded in excuse for an act so unfilial. Still, it may be said in extenuation that he had never really known his mother, and that he had early been taught to regard her as one of the most abandoned persons of her sex. No class had been so responsible for fostering that idea in his mind as the more zealous and fanatic part of the Reformed clergy, by whom he had been surrounded from his very infancy. Davison was succeeded by Edward Wotton. Gay, well bred, and entertaining, this ambassador soon grew into high favour with James; and while he was seemingly LEITH AND ITS ANTIQUITIES 449 attentive only to pleasure and diversions, he acquired influence over the Scottish councils to a degree which was indecent for a foreigner to possess. The chief object of his intrigues was to ruin Arran, who, for two years after the overthrow of the Ruthven Eaid Government, had been the ruling spirit in the affairs of Scotland. A mere accident had now overwhelmed him. Lord Russell, the Earl of Bedford's eldest son, had been killed in a fray on the Scottish border on the 27th of July 1585. This scuffle was purely accidental, but was represented by the English ambassador as a deliberate outrage, planned by Arran and executed by Ker of Ferniehirst ; and, till the matter should be in- vestigated, James had been obliged to commit Arran as a prisoner to the castle of St. Andrews. During his absence from court, Wotton and his associates carried on their intrigues without interruption in favour of the restoration of the banished lords. They accommodated their diff'erences with Lord John and Lord Claud Hamilton, exiles of older date and on diff'erent grounds, and returned, with Elizabeth's permission, to the borders of Scotland in a body. But James's passionate attachment to Arran, and his hatred of the banished lords, induced him to release Arran from his ward in the castle of St. Andrews, and to remit him to nominal seclusion at his country- seat of Kinneil. Meanwhile the banished lords hastened the execution of their enterprise and entered Scotland. Arran, breaking his nominal ward at Kin- neil, rushed to the King's rescue. The measures he had taken for putting the kingdom in a state of defence had been secretly thwarted by Gray, Belleuden, and Maitland, who had been zealously promoting the re- storation of the exiled lords. Accordingly, at the head VOL. I. — 29 450 HISTORICAL NOTES CONCERNING of eight thousand men, they advanced to Stirling. The town was taken by surprise, or, more probal)ly, be- trayed into their hands. Arran, who had undertaken its defence, was obliged to save himself by a headlong flight, and the King to accept the terms of his captors. Thus, on the 4th of November 1585, a mere skirmish in the streets of Stirling effected that revolution which compelled the King to accept the banished lords as his future Ministers and to dismiss Arran from his councils. The banished lords were attached to England from affection as well as from principle, were the only persons among the Scots whom Elizabeth could trust, and were the traditional party of the English alliance. Accordingly, a league between the two kingdoms was formally concluded on the 5tli of July 1586. These peaceful relations were, however, seriously disturbed by the trial and condemnation of Mary Queen of Scots. She had been convicted, on the 25th of October, of complicity in Babington's conspiracy, and was now lying under the doom of death. From that day the question had been raised in England, in Scotland, and over the Continent, whether Elizabeth, on whose sole will the fate of Mary depended, would put that sen- tence into execution. The English statesmen were very anxious that she should ; Henry III. of France inter- ceded for Mary with great appearance of warmth ; and James, on the part of Scotland, had done his utmost, by vehement protests and by special envoys, to stay further proceedings against his "darrest moder." But Elizabeth was deaf and inexorable to all entreaties addressed to her that she should spare the life of her royal captive. All efforts, whether they were made at home or abroad for the attainment of this purpose. LEITH AND ITS ANTIQUITIES 451 ended in failure. This result is not to be wondered at, when the circumstances are considered. Henry's real unconcern about the fate of the Scottish Queen, and his aversion to all the race of Guise, were too well known for his intercession in behalf of Mary to have much effect. Also, there can be no doubt that James's proceedings and remonstrances were compli- cated by his fears and hopes of succession to the English throne. It was at this time [February 1586] that King James, having required the ministers of the Kirk to pray for his unhajipy mother, then in the toils of her enemy and daily expecting death, received a peremptory refusal. "The Presbyterian clergy generally," Spots- M-ood says, "refused to pray for Queen Mary in the form prescribed by the King and Council. ' Of all the number,' he says, ' only Mr. David Lindesay at Leith, and the King's own ministers, gave obedience. At Edinburgh, where the disobedience was most publiek, the King, purposing to have their fault amended, did appoint the 3rd of February for solemn prayers to be made in her behalf, commanding the Bishop of St. Andrews to prepare himself for that day ; which, when the ministers understood, they stirred up Mr. John Cowper, a young man not entered as yet in function, to take the pulpit before the time, and exclude the bishop. The King, coming at the hour appointed, and seeing him in the place, called to him from his seat, and said, "Mr. John, that place was destinate for another ; yet, since you are there, if you will obey the charge that is given, and remember my mother in your prayers, you shall go on." He, reply- ing he would do as the Spirit of God should direct him, was commanded to leave the place ; and, making 452 HISTORICAL NOTES CONCERNING as though he would stay, the captain of the guard went to pull him out ; whereupon he burst forth in these speeches : — This day shall he a witness against the King in the great day of the Lord ; and, then, de- nouncing a woe to the inhabitants of Edinburgh, he went down, and the Bishop of St. Andrews, entering the pulpit, did perform the duty required. The noise was great for a while amongst the people ; but, after they were quieted, and had heard the bishop (as he was a most powerful preacher), out of that text to Timothy, discourse of the duty of Christians in praying for all men, they grieved sore to see their teachers so farre overtaken, and condemned their obstinacy in that point. In the afternoon Cowper was called before the Council, where Mr. Walter Balcauquel and Mr. William Watson, ministers, accompanying him, for some idle speeches that escaped them, were both discharged from preaching in Edinburgh during his Majesty's pleasure, and Cowper sent prisoner to Blackness.' M'Crie, in his Life of Melville (vol. i. pp. 283, 284), charges this narrative of Spotswood with inaccuracy in some points, asserting that none of the ministers really refused to pray for the Queen, and that ' the scruples of those who hesitated to comply with the order of the Court rested upon the manner in which it was issued, and its implying, in their opinion, that Mary was innocent of the crime for which she was condemned to die,' and pointing out also certain inconsistencies between Spots- wood's account of the incidents at Cowper's sermon in St. Giles' and the account in the Privy Council Register. Substantially, the facts of the incident remain as re- presented by Spotswood." {Reg. P. C. of Scot., vol. iv. p. 143.) On the forenoon of the 8th of February 158G-87 LEITH AND ITS ANTIQUITIES 453 Queen Mary was beheaded in Fotheringay Castle. It was some time before the news spread in Scotland. When it became known, it had an extraordinary eflfect on the relations between the two countries. " Not only was there a natural rousing of fury among the Scottish lords, who were openly or secretly Roman Catholics, but even among the Protestant lords, lairds, and com- mons there was a shock of anger with a spasm of shame and offended patriotism. Bothwell and the two Hamil- tons were the chief spokesmen of this feeling, and were eager for a declaration of war. The party of the English alliance was sensibly weakened ; it became uncertain whether the Angus - Glamis - Maitland Government would be able to hold together ; it needed all the wari- ness of Maitland and the other chiefs, with the King's owm prudent mindfulness of his future interests in England, to maintain even a semblance of the status quo ante with Elizabeth, and prevent a lapse into the policy of the French alliance." {Reg. P. C. of Scot., vol. iv. p. 18.) Another result of Mary's execution was the fall of the Master of Gray. His career for the last three years had been the trail of the brilliant and beautiful but treacherous serpent in the jungle of Scottish politics. He was now impeached by Sir AVilliam Stewart, con- demned, and on the point of suffering capital punish- ment (which he deserved as one of the basest of men), when his sentence was changed to exile at the instance of the new Government, which had been brought into power mainly by his perfidy. His indictment contained various points of treason. " But his most flagrant offence," says Tytler (vol. iv. p. 163), "which was most completely proved, was the base betrayal of his trust in his recent negotiation in England, where he 454 HISTORICAL NOTES CONCERNING secretly recommended the death, instead of pleading for the life, of the Scottish Queen." " Upon the 27th of May tlie Maister of Gray was brought out of the Castell of Edinburgh the same day to the Tolbuith, and in presence of the Lords of Sessioun found caution to passe furth of the countrie, and to romaine furth during the King's will, under the paine of £40,000." " Caution in £40,000 by Robert Logane of Restalrig, James Colvil of Eister Wemys, Williame Scott of Abbotishall, and Robert Dury, fiar of that ilk, for Patrik, Master of Gray, that, after being released from the tolbooth of Edinburgh, he will immediately repair to Brouchty, FouUis, or Huntley, and will remain there till he goes abroad ; also, that within a month hereof, he ' sail pas furth of this realm ' to any place beyond sea, Ireland excepted, and will not return to this country without the King's express licence ; also, that, before and after his departure, he shall do nothing 'in hurte or prejudice of his Hienes, his estate, and present quietnes of this realme, or of the trew and christeane religioun presentlie professit within the same.' Archibald, Earl of Angus, Francis, Earl Bothuill, and Alexander, Lord Hume, bind themselves to relieve the sureties in the premisses." {R<^g- P- C. of Scot., vol. iv. p. 173.) "He went over to Dunfermline to prepare himself, and departed out of the countrie the 7th of June. Upon the 16th of June the causes of his banishment were published at the mercat croce of Edinburgh." (Calderwood, vol. iv. p. 614.) Mary's death, however, like that of a common criminal, remained unavenged by any prince. What- ever infamy Elizabeth might incur, she was exposed to no new danger on that account. But a cloud which had been gathering and threatening a great tempest LEITH AND ITS ANTIQUITIES 455 was now about to burst on Great Britain. During three years Philip II. of Spain had been building his "Invincible Armada." All the power of his European dominions and the treasures of the Indies had been lavished on its preparation. His fleet, consisting of 150 bulky ships, with 20,000 men on board — the mightiest armament that had hitherto appeared on the ocean — was ready to sail from Lisbon, under the command of the Duke of Medina Sidonia ; while the Duke of Parma had his 34,000 additional men collected in the Low Countries, and a sufficient number of transports to convey them from Flemish ports to the English coast. "Tlie position of Scotland in the prospect of a Spanish invasion, aimed avowedly and chiefly at Eng- land, was very peculiar. On the one hand, the interests of the common Protestantism of the two kingdoms, the certainty that a Spanish conquest of England would not leave Scotland untouched, but would devour and incorporate the whole north of the island as well as the south, recommended union with England against the Spaniard, and common action with her to the last extremity. Hence that league, offensive and defensive, between the two kingdoms which had been voted in 1585, and solemnly concluded in 1586. But Queen Mary's death had all but snapped the league, and had reopened the question of the proper relations of Scot- land to the Spaniard when he should come. Might not this be an opportunity for punishing Elizabeth for her recent insult to Scottish national pride and the royal blood of the Stuarts ? Might there not be a Scottish land- invasion of England simultaneously with the arrival of the Spaniards by sea, or might not Scotland be utilised in some other way for the purposes of Philip in his 456 HISTORICAL NOTES CONCERNING enterprise? What if it should be found convenient for the Spaniards to land somewhere on the Scottish coasts and march through Scotland into England ? It was not only among the remnants of the Roman Catholic party in Scotland that these speculations were entertained. While such known Roman Catholic nobles as the Earls of Huntly, Crawford, and Errol, and Lords Maxwell and Herries, with other lords, lairds, and ladies, scattered in unknown numbers through Scottish society, and nursing their Roman Catholicism more or less in secret, actually welcomed the prospect of a Spanish invasion as likely to recover Scotland to the old faith, or at least to ensure a future toleration of it as the faith of the minority, there were important Protestant mag- nates, such as the Hamiltons and Bothwell, who were not indisposed to a temporary Spanish alliance against England as a means of retaliation for Queen Mary's death. Of this Spanish or anti-English leaven there was, as the foregoing names will suggest, a dangerous quantity in the Council itself; and, in fact, the King and Chancellor Maitland had become aware of a recent conspiracy of this part of the Council for a coup d'etat that should dismiss the Chancellor and put the adminis- tration in new hands." {Reg- P- C. of Scot., vol. iv. p. xxxiv.) The Earl of Bothwell here referred to was the grand- son of James V. and cousin of the King ; on his mother's side he was the nephew of James Hepburn, Earl of Bothwell, the murderer of Darnley. He was, nevertheless, at this time one of the royal favourites. The King had frequently to condone his turbulence, of which the following is one of the earliest instances : — " 15th Nov. 1588. — The King and Council, having heard and considered evidence concerning ' the lait LEITH AND ITS ANTIQUITIES 457 accident ' between Francis, Earl Botliuill, liis friends and servants, on the one part, and the inhabitants of Leyth, on the other side, find that the said Earl ' wes directit doun to Leyth be his Majestie for eschewing of trouble likely to have fallin oute betuix the saidis inhabitantis and sum men of weir being within the same, and that in the executioun of his commissiouu he wes verie extraordinarlie handillit and used, not onlie be uttering injourious and uncumelie speicheis, bot als in offering straikis and persute of him be way of deid.' As the people of Leith in this matter ' had and hes maist haynouslie ofi"endit and contempnit his Majestie and his Counsall, and cheiflie for that the said Erll wes and is of his Majesteis blude, a borne and a chosin counsellour, a nobleman of the realme, beirand alswa particulair chairge and office of his Hienes,' the said people of Leith are ordered to ' acknawlege thair offens to his Majestie, his Counsall, and the said Erll, and to crave thame pardoun of the same,' and, for the Earl's better satisfaction, the bailies of Leith are to ' deliver and cans be deliverit to the capitane, constable, and keparis of the castell of Edinburgh, sic personis as the said Erll sail giff in bill, to be usit as his Majestie sail appoint.'" {Reg. P. C. of Scot, vol. iv. p. 331.) Elizabeth saw the danger approach, and prepared to encounter it. The measures for the defence of her kingdom were conceited and carried on with the wisdom and vigour which distinguished her reign. Her chief care was to secure the friendship of the King of Scots. She had treated the Queen, his mother, with a rigour unknown among princes ; she had often used himself harshly and with contempt ; and, though he had hitherto prudently suppressed his resentment of these injuries, she did not believe it to be altogether 458 HISTORICAL NOTES CONCERNING extinguished, and was afraid that, in her present situa- tion, it might burst out with fatal violence. Philip, sensible how much an alliance with Scotland would facilitate his enterprise, courted James with the utmost assiduity. He excited him to revenge his mother's wrong ; he flattered him with the hopes of sharing his concjuests ; and offered him in marriage his daughter, the Infanta Isabella. At the same time Scotland swarmed with his emissaries. Huntly, Errol, Crawford, were the heads of a faction that openly espoused the interest of Spain. Lord Maxwell, arriving from that court, began to assemble his followers, and to take arms, that he might be ready to join the Spaniards. In order to counterbalance all these, Elizabeth made the warmest profession of friendship to the King ; and Ashby, her ambassador, entertained him with mag- nificent hopes and promises. He assured him that his right of succession to the Crown should be publicly acknowledged in England ; that he should be created a duke in tliat kinwlom ; that he should be admitted to some sliare in the government, and receive a con- siderable pension annually. James, it is probable, was too well acquainted with Elizabeth's arts to rely entirely on these promises. But he understood his own interest in the present juncture, and pursued it with much steadi- ness. He rejected an alliance with Spain as dangerous. He refused to admit into his presence an ambassador from the Pope. He seized, wherever he could, the agents of the Prince of Parma. He drove many of the seminary priests out of the kingdom. He marched suddenly to Dumfries, dispersed Maxwell's followers, and took him prisoner. In a convention of the nobles, he declared his resolution to adhere inviolably to the league with England ; and, without listening to the LEITH AND ITS ANTIQUITIES 459 suggestions of revenge, determined to act in concert with Elizabeth against the common enemy of the Pro- testant faith. He put the kingdom in a posture of defence, and levied troops to obstruct the landing of the Spaniards. He offered to send an army to Eliza- beth's assistance, and told her ambassador that he expected no other favour from the King of Spain but that which Polyphemus had promised to Ulysses, — that when he had devoured all his companions he would make him his last morsel. Leith links was one of the appointed meeting- places at which the armed liegemen were to assemble. The following reference is found among the orders of Council for preparations to resist the approaching Spanish invasion : — " 9th August 1588. — In pursuance of the prepara- tions ordered for defence of the realm against threatened invasion, it is ordained that all earls, lords, barons, free- holders, landed men, feuars, and substantious yeomen, together with the inhabitants of burghs, within the shires of Striviliug, Clakmannane, Lynlythqu, Edin- burgh, Hadingtoun, Beruik, and Roxburgh, be charged by proclamation at the head burghs of the same to meet his Majesty at Edinburgh upon the 19th of this month, Weill bodin in feir of weir, with speiris and lang hasque- butis, and with threttie days' provisioun, ready for muster the morning following, upon the Leith links or elsewhere." {Reg. P. C. of Scot., vol. iv. p. 314.) " One of the more noted emissaries of the King of Spain was Captain William Semple, who had been for some time in the service of the Prince of Parma in Flanders, and had arrived at Leith in the beginning of August, nominally as an envoy from the Prince to King James, but really to negotiate with the Scottish 460 HISTORICAL XOTES CONCERNING Koman Catholics in the Spanish interest. Sir John Carmichael, captain of the King's guard, having been cliarged to watch him, had cleverly apprehended him in his lodgings in Leith in the very act of unsealing letters from abroad. By tlie interference of the Earl of Huntly he had been released, but again, by the King's orders, on advice from Chancellor Maitland, he had been committed to ward in Robert Gourlaye's house. By Huntly's contrivance he had escaped again the same night, and ' swa takin upoun him the cryme of tressouu.' Publication is, therefore, to be made at the market crosses of the head burghs, charging the lieges not to reset or intercommune with Captain Semple under pain of treason." {Reg. P. C. of Scot., vol. iv. p. 316.) Philip's eagerness to conquer England did not inspire him either with the vigour or despatch necessary to ensure the success of so mighty an enterprise. His fleet, which ought to have sailed in April, did not enter the English Channel till the middle of July. It hovered many days on the coast, in expectation of being joined by the Prince of Parma, who was blocked up in the ports of Flanders by a Dutch squadron. Continual disasters pursued the Spaniards ; successive storms and battles conspired with their own ill con- duct to disappoint their enterprise. After being driven out of the English seas, their shattered ships were forced to steer their course towards Spain, round Scotland and Ireland. Many of them suifered ship- wreck on these dangerous a7id unknown coasts. Though James kept his subjects under arms to watch the motions of the Spaniards, and to prevent their landing in a hostile manner, he received, with great humanity, seven hundred who were forced ashore by a LEITH AND ITS ANTIQUITIES 461 tempest, and, after supplying them with necessaries, permitted them to return to their own country. Out of that number, six hundred and sixty, " of whom four hundred were serviceable, and the rest sick miserable wretches," were on one occasion shipped at Leith. Philip, convinced by fatal experience of his own rashness in attempting the conquest of England by a naval armament, equipped at so great a distance, and subjected in all its operations to the delays and dangers and uncertainties arising from seas and wind, resolved to make his attack in another form, and to adopt the plan which the princes of Lorraine had long meditated, — of invading England through Scotland, and with Scottish help. A body of his troops, he imagined, might be easily wafted over from the Low Countries to that kingdom ; and if they could once obtain footing, or procure assistance there, the frontier of England was open and defenceless, and its northern counties full of Roman Catholics, who would receive them with open arms. Meanwhile a descent mioht be threatened on the southern coast, which would divide the English army, distract their councils, and throw the whole kingdom into terrible convulsions. Li order to pre- pare the way for the execution of this design, he remitted a considerable sum of money to Bruce, a seminary priest in Scotland, and employed him, to- gether with Hay, Creighton, and Tyrie, Scottish Jesuits, to gain over as many persons of distinction as possible to his interest. These efforts on the part of Spain met with a ready response from the anti-English faction in Scotland. The Catholic lords engaged in a more active corre- spondence with the Prince of Parma, expressing their infinite regret at the discomfiture of the Spanish Armada, 462 HISTORICAL NOTES CONCERNING aud their sorrow that the fleet had passed so near their coast without visiting them, and assuring him that six thousand Spaniards, once landed in Scotland, would be joined by large Scottish reinforcements, who would make him master of England. This insurrection at first assumed a formidable appearance. But the bravadoes of Bothwell — who, although he was a Protestant, attached himself to the Catholic conspiracy, from his hatred of England and of Chancellor Maitland, James's Prime Minister — instead of intimidating, eff"ectually roused the King, whose vigour and resolution on this occasion had the best effect : the troops of the Catholic earls soon melted away, and the chief conspirators were taken pi-isoners. LEITH AND ITS ANTIQUITIES 463 CHAPTER XXXIV THE king's marriage This unusual exertion of James in destroying the designs of Huntly and the other Catholic lords, was followed by a fit of extraordinary activity in another direction — his matrimonial alliance with Denmark. For King James bethought himself of selecting a spouse for himself Queen Elizabeth endeavoured ineffectually to influence him in this matter, but in the choice of a queen James had a will of his own. His marriage with a Danish princess had been proposed so long ago as June 1585. A good deal of negotiation on this subject had since taken place. But it was not till the 18th of June 1589 that George Keith, Earl Marischal, was selected, on account of his great private wealth, as ambassador-extraordinary to the Court of Denmark, for the purpose of completing the match and bringing the princess to Scotland. He was accom- panied by Lord Dingwall, the constable of Dundee, and a retinue of knights and gentlemen, who embarked at Leith for Denmark. Colonel Stewart, prior of Pittenweem, followed from Aberdeen soon after with further commission in the same business. The mar- riage of the King to the Princess Anne took place by proxy in Denmark on the 20th of August 1589. The same month she embarked for Scotland, but owinsf to 464 HISTORICAL NOTES CONCERNINO storms was unable to proceed, and had to take refuge in the ports of Norway. "September 1589. — The storm which impeded the Princess Anne's voyage from Denmark to Scotland was also felt very severely in our country, and a passage-boat between Burntisland and Leith was lost, with an interesting person on board. This was Lady ]\Ielville of Garvock, born Jane Kennedy, who had been one of the maids of Queen Mary, had attended her upon the scaffold at Fotheringay, and bound the embroidered handkerchief upon her eyes. Jane had subsequently married Sir Andrew Melville, master of household to King James, who, desiring her presence at the reception of his Queen, because she was ' dis- creet and grave,' caused her to take this fetal voyage. ' She, being willing to mak diligence, wald not stay for the storm to sail the ferry, when the vehement storm drave a ship upon the said boat, and drowned the gentle- woman, and all the persons except twa.'" (Mel.) " 22nd October. — The King, hearing of the de- tention of his bride by stormy weather, resolved to go to Denmark and bring her home. He sent, ' directing Robert Jameson, burgess of Air, to bring his ship whilk was callit the James, to the roads of Leith, she being ane gallant ship, weel appointit with ordnance, her sails being coverit with red taffeta, and her claiths red scarlet.' On the day noted he set sail in this vessel, with other five ships in company, and, after outriding a gale for some time in the Firth of Forth, proceeded on his course with fair winds." (Chambers, Dom. An. of Scot., vol. i. p. 193.) This voyage was perhaps the most chivalrous adventure in the life of King James. "His Danish bride, then fifteen years of age, had been expected in LEITH AND ITS ANTIQUITIES 465 Scotland at least a month ago, and there had been an elaborate official programme of the ceremonies for her reception at her landing at Leith and on her entry into Edinburgh. The fleet conveying her, however, had been kept back by the stormy season. ' The day appointed for her marriage is past ; the fleet supposed to be driven back by contrary winds ; the King's impatience,' — is a summary of news on the subject sent to London from Edinburgh on the 24th of September by the English ambassador, William Asheby, who, on the 27th of September, again writes : ' The King very sorrowful at the Queen's long stay ; a fast appointed for her safe arrival.' And again, on the 2nd of October : ' Expectation of the Princess of Denmark ; contrary winds ; the King's trouble ; surmises ; Colonel Stewart sent to search for the fleet.' And again, on tlie 6th and 8th of October : ' Non-arrival of the Princess ; the King's trouble, fear of disaster ; omens ; public fast and prayer ; Colonel Stewart not returned.' And again on the 10th : 'A messenger from Denmark; the ships with the Princess driven back twice ; contro- versies between the Scots and the Danes in respect to bringing the Princess at once or waiting till the spring.' The definite intelligence at last was that the fleet had taken refuge on the coast of Norway, immediately north of Denmark, and that the Princess was likely to be detained through the winter in that Norwegian part of the Danish dominions. Then it was that King James, now in his twenty-fourth year, conceived the idea of going in quest of her himself. The project had been kept secret ; but the recent sittings of the Council, mainly at Leith, indicate that there had been preparations for going to sea. Of greater consequences were the arrangements for the VOL. I. — 30 466 HISTORICAL NOTES CONCERNING government of Scotland during the King's al)sence There had been serious consultations about these.' {Reg. P. C. of Scot., vol. iv. p. 42.3, note.) Before he sailed from Leith, however, he left orders of a sufficiently minute and exacting nature, for their honourable reception on his return. One of the first articles requires that the town of Edinburgh, the Canongate, and Leith shall be in arms, ranked on both sides of the way between Leith and Holyrood House, to hold off the press ; and the Council are directed to deal earnestly with the town of Edinburgh for pro- viding ships and all other necessaries. Various acts of the Town Council show the straits they were put to in the accomplishment of this. " The bailies were ordained to pass through their quarters, and borrow fra the honest nychtbouris thairof ane quantitie of the best sort of thair naiperie, to serve the strayngeris that sail arryve with the Quene." Orders were given for the Nether Bow to be repaired — bonfires — " a propyne of ane jowell to the Quenis grace," etc. The directions he gave for the government of the realm in his absence are marked by prudence and good sense. The arrangements he made for this purpose may be thus summarised : — " There were to be two distinct seats of government, each with its president and council. For the main or east Lowlands and for most of Scotland besides, the chief was to be the young Duke of Lennox, presiding, with the Earl of Bothwell next to him and constantly with him, in the ordinary council at Edinburgh, this council to be attended con- stantly by a sufficient number of the official members, viz. Treasurer Glamis, Treasurer - Depute Sir Robert Melville (to act as Chancellor), the Comi)- troller, the Master of Requests, the Lord PHvy Seal, LEITH AND ITS AXTIQUITIES 467 the Clerh- Register (to act as Secretary), and the Captain of Edinburgh Castle, and to be attended also in rotation by the non-official members, such as the Earls of Angus, Athole, Mar, and Morton, and Lords Fleming, Innermeath, Seton, and Yester, and others. For the Border districts and Lanarkshire and the west Lowlands, the chief was to be John, Lord Hamilton, presiding in a council to be held at Jedburgh or Dumfries, at which council his assessors were to be the Earl of Glencairn, Lords Boyd, Herries, Maxwell, Hume, and others. On occasion the two presidents were to act conjunctly and the two councils were to coalesce." {Jieg. P. C. of Scot, vol. iv. p. 430.) There were also Orders and Acts of Council relating to the fitting out of ships that were to be sent for the convoy of the King and Queen home from Denmark, and to the allocation of the expenses among the burghs. Two ships were to be provided by the in- habitants of Edinburgh, assisted by the towns of Kinghorn and Liverkeithing ; one ship by the town of Ayr, assisted by Rothesay, Dumbarton, Renfrew, Rutherglen, Irvine, Glasgow, etc. ; one ship by the city of St. Andrews, assisted by Dunfermline, Burnt- island, Kirkcaldy, Dysart, Pittenweem, etc. ; one ship by Dundee, assisted by Ai-broath and Forfar ; one ship by Aberdeen, assisted by Brechin, Elgin, Inverness, etc. These ships were to be brought to the Firth of Forth between the 13th of March and the 1st of April. This interval was too short for the burgh of Ayr and its associate towns to carry out this order. Also the commissioners of St. Andrews and its burghs made a contract with Sir AVilliam Stewart, commendator of the abbey of Pittenweem, that he should furnish the ship that had to be provided by them. Sir William Stewart 468 HISTORICAL NOTES CONCERNING was accordingly commissioned by the Privy Council to rig out two ships as substitutes for those that had been required from the burghs of Ayr and St. Andrews, these two burghs being respectively charged with the expenses necessary for the building and outfit of these two ships. With these six ships the commendator of Pittenweem set sail and arrived on the Danish shore in April, while the festivities that were being made in Kronborg and Elsinore on account of the marriage of the Queen's elder sister with the Duke of Brunswick were in progress. These rejoicings were immediately followed by the sorrowful farewell and departure of the King and Queen for Scotland. Upon the 12th of September Lord Andrew Keith, Lord Dingwall, and Colonel Stewart arrived at Leith, sent before to advertise that the Queen was coming. The King met his l)ri(le at Opsloe (now called Chris- tiania), in Norway, on 19th November, on which occasion it is stated that "his Majesty minded to give the Queen a kiss after the Scots fashion at meeting, whilk she refused as not being the form of her country. After a few words privily spoken betuixt his Majesty and her, there passed familiarity and kisses." The marriage ceremony was performed in the church of Opsloe on 23rd November by David Lindsay, of Leith, who had accompanied King James for the purpose. Their Majesties afterwards went to Kronborg, in Denmark, where the Queen's elder sister was to be married to the Duke of Brunswick. " 1590, May 1. — The king and queen, with sundry of the nobility and blood-royal of Denmark, accom- panied with sixty gentlemen, being seven great ships, convoyed by the grace of God through ane great mist by [past] the navy of England — arrivit in the firth of LEITH AND ITS ANTIQUITIES 469 Leith at two afternoon, and came by boats to Leith, to the great comfort of this nation, being on the shore of na little number." The royal party was " receivit by the Duke of Lennox, Earls Bothwell and Mar, with great din, and ordnance from Edinburgh Castle, and on the south and east ferries, and by the ships. The King took the Queen by the hand, and led her up ane trance, whilk was made for that effect, covered with tapestry and claith of gold, whereon they passed, that their feet should not touch the bare earth ; where Mr. James Elphinston, ane of the Lords of Session, made ane orison in French, to the praise of God for their prosperous voyage. " The queen being placed in her lodging in Thomas Lindsay's [the King's Wark], the king (there) took all the noblemen of Denmark by the hand, every ane after ane other. And thereafter the King passed to the kirk, where the Lord Hamilton and Lord Fleming- met her grace and convoyit them. Mr. Patrick Gal- loway made the sermon. . . . His Majesty passed to the lodging, where they all remained while (till) the sixth day of the same month (when) they passed, afternoon, at four hours or thereby, to the abbey of Holyroodhouse, the King's grace and noblemen on horse, and the Queen's grace in ane dames coach,^ drawn with aught great cussers of her awn, richly repairit with claith of gold, silver, and purpour velvet ; (and) the town of Edinburgh, Canongate, and Leith, in feir of weir, to the number of 1600 footmen. At the inner yett of the said Abbey, the horsemen lichtit, (and) the King took the Queen by the hand, and passed through the inner close to the great hall, and through the rest of the chalmers, which were richly ' Danische. 470 HISTORICAL NOTES CONCERNING hung with claith of gold and silver, and tapestry of silk ; the said palace was newly repaired. — Jo. Hist." (Chambers, Dom. An. of Scot., vol. i. pp. 196-7.) The royal couple remained at Holyrood House till the 17th of May, the day of the Queen's coronation. This solemnity was conducted in the abbey church with unusual magnificence. The worldly estate of the bishops had become so reduced, consequent upon the impoverishment of the revenues of their sees, that none of that order was present. The customary cere- monies were performed by Mr. Robert Bruce, a de- scendant of his royal namesake and the ancestor of the Abyssinian traveller. It was only on the King's menace of sending for a bishop that the sacred unction — a subject on which a dispute had arisen between the Kirk and the King — was eventually administered. This part of the function is described by a contemporary in these naive terms : " The Countes of Mar immediatlie cumis to the Quenis Majestic, and taks hir richt arme, and openes the craige of hir gowne, and lyes bake ane certaine pairt of boithe. Mester Robert Bruce immediatly puires furthe upon thois pairtis of hir breist and arme, of quhilk the clothes were remowit, a bonye quantitie of oyll ; quhilks pairtis efter the annoynt- ment therof, wer coverit with sum quhyt silke." (Marriage of James VI. [Bannatyne Club, 26j, p. 53.) Then followed the delivery of the royal insigma. Immediately after the crown had been placed on the head of the Queen, Andrew Melville recited his Latin poem, entitled Stejihaniskion. He had com- posed it for the occasion on very short notice — a LEITH AND ITS ANTIQUITIES 471 fact to which he refers iii his dedicatory preface to the King : Jussisti quod heri, egi hodie : eras ibit in orbem. " What yesterday you ordered I to-day have done; " and in reference to its reception by the ambassadors of foreign Courts that graced the ceremonial by their presence : " To-morrow through all Europe shall my poem run." These words are slightly at variance with the account of the circumstances of its composition that is given by Dr. M'Crie in his Life of Andrew Melville. His remarks are as follows : — " Melville had no information that he was expected to take part in the coronation until tivo days before it happened. He had therefore little time for prepara- tion. But, although hastily composed, his poem was greatly admired, as well as the spirited and graceful manner in which it was pronounced. In returning him thanks, his Majesty said that he had that day done him and the country such honour as he could never requite. He enjoined him to give the poem imme- diately into the hands of the printer, adding that all the ambassadors joined with him in soliciting its pub- lication. It was accordingly printed next day, under the title of Stephaniskion." (M'Crie, Life of Melville, vol. i. p. 302. ) The Queen, her coronation ended, was escorted back to the palace by the Lord Chancellor on the one side and the English ambassador on the other, six ladies bearing up her train, and preceded by twelve heralds, each in his appropriate coat-of-arms, and with trum- pets sounding. In this procession the Earl of Angus 472 HISTORICAL NOTES CONCERNING bore the sword of honour, Lord Hamilton the sceptre, and the Duke of Lennox the crown. In such rejoicings was this day, though it was the Sabbath, spent. Two days afterwards her Majesty made her triumphal entry into her new capital. As soon as she left Holy- rood House a royal salute was fired from the castle. She entered the gates by the West Port, where Mr. John Russell greeted her with an oration in Latin, and thereafter his son, who had been concealed in a gilded globe attached to the top of the portal, fluttered down in the guise of an angel, and gave her the silver keys of the city. The Magistrates of Edinburgh, who had been very generous to their sovereign on the occasion of his marriage, took a distinguished part in all the proceed- ings connected with that event. Other marks of royal favour were soon to follow, which were acknowledged by further acts of municipal loyalty. Having received an intimation of the birth of Prince Henry at Stirling, in 1593, the Town Council of Edinburgh presented the King with ten tuns of wine for the christening festivities, and sent one hundred inhabitants richly accoutred to Stirling, as a guard to attend the ceremony. Again, in 1596, they obliged themselves and their successors to pay to the young Princess Elizabeth, on the day of her marriage, 10,000 merks Scottish money. This was an acknowledgment of the honour done them by the King in inviting the Magistrates to the chris- tening of the Princess. The money was paid in the year 1613, with an addition of 8000 merks, to make the sum ten thousand pounds. Such gifts must have been very welcome to a king whose means of supporting his royal state, excepting an annuity allowed to him by Elizabeth of five thou- LEITH AND ITS ANTIQUITIES 473 sand pounds yearly, were in the last degree precarious. To fill his impoverished exchequer he had recourse to the following expedient : — "Edinburgh, 21st July 1593. — Oure Souerane Lord and estaitis of this present parliament, considdering the daily incres of his hienes chargis and expensis, and diminutioun of his hienes rentis of his propirtie and comodities throw unproffitable dispositionis, maid thair- of in tyme bygane, thairfor thinkis expedient that the landis and lordschippis vndirwrittin be annexit to the croun, and presentlie annexis the same thairto, foUow- and the example of his predicessouris, for the honorable support of his estait." — They are to say ..." the Kingis Werk in Leith, the Kingis Stable, the Kingis Medow, the Palice Gardis and park of Haliruidhous." {Acts of Park, of Scot., vol. iv. p. 28.) 474 HISTORICAL NOTES CONCERNINO CHAPTER XXXV THE city's rule OVER LEITH The Magistrates exercised in those days a pretty extensive jurisdiction in all matters relating to Leith. On " 19th July 1581 — Appoyntis James Nicol, baillie, Jhonn Robertsoun, thesaurer, and Androw Steuinsoun, to pas and visy the grund and land of Thomas Wod, in the Bred Wynd of Leyth, and to se that the said Thomas mak na alteratioun nor novatioun in chaynge- ing of the stouppis of his stairis of the said land by the awld places the sam stuid into of before, and that the wynd be nocht nairowet nor na ma stouppis sett vp nor wes of awld." The following is an instructive instance of how the Leith merchants were treated by the Edinburgh Magistrates: — "21st July 1581 — Dauid Moreis, mer- chant, beand callit and accusit for bying, pakking, metting, and mesvring within the vnfrie towne of Leyth, of foure hundreth elmis of plaiding coutrair to the liberty of this burgh, and confessand the metting thairof, wes adiugeit and decernit in ane vnlaw of ten pundis, to be payet to Jhone Robertsoun, thesaurer, and bestowet on reparatioun of the calsayes betuix and Leyth, for the quhilk it wes promist to the said Dauid that gyf he sail fynd and delaitt ony persounis weyand irne or lint, pakking or metting in the said LEITH AND ITS ANTIQUITIES 475 towne of Leyth, and the sam beis tryet to be of verity, to caus that persoun or persounis to pay to him agane the said x li." On " 4th August 1581 — Becaus Jhone Robertsoun, thesaurer, is enterit to the bigging, mend- ing, and repayring of the calsayes betuix this and Leyth, ordanis Jhone Sym, baillie [and four others] to be visitouris of the said wark, and concure with the thesaurer in devysing the best and maist substantious way of making thairof, and thair counsale and juge- ment to be foUowet tliairinto." On 16th August 1581 — "It was schawin by my lord provest that it was reportit to his lordschip that Andro Vallange, tailyeour, in Leith, had laitly in his drinking, spokin evill of our Souerane Lord, quhair- vpoun his lordschip causit tak the said Andro and putt him in ward in Leyth, and dyuers witnes is to be examinat vpon his speaking, quhais depositiouns beand red and considerit, it was ordanit that the said provest, with William Naper, baillie, and Henry Nesbet, suld pas to the King's grace in Dalkeyth, and schow the mater to his grace and secreitt counsale, and requir thair willis quhat wes forther to be done concerning the said ordour." The matter of just measures was a subject of much concern to the civic authorities. This was really to their credit. On "2.3rd August 1581 [the provost, bailies, and councd] ordanis proclamatioun to be maid throw this burgh, toune, and schore of Leyth anent the mesoures as after followes, to ■n'itt, forswamekill as in tymes past thair hes bene vsit within this burgh and fredome thairof and in the toune of Leyth ane greitt diuersity of pek and furlett and siclyke far different fra the auld mesouris of the realme, to the greitt hurt of the puir and all our Souerane Lordis lieges, thair- 476 HISTORICAL NOTES CONCERNING fore commauding and chairgeiiig in our said Souerane Lordis name and in name and behalf of the prouest, baillies of this burgh that na maner of persounis, baxteris, meilmen, or ony vtheris topperis and ventares of victual! tak vpoun hand to sell, mett furth, resaue, or vse fra the feist of Michaelmas nixt ony vther mesour of pek and furlett and siclyke nor that quhilk sail be maid agreand to the tounis mesouris laitlie maid, and that thai brek doune and destroy thair auld mesouris and mak new conforme to the said tounis mesouris, sufficientlie bandit with irne lyke to the same in all sortis, fra the said day furth vnder the payne of breking of thair vther mesures and payment of ane vnlaw of ten pund sua oft as thai failyie." The following shows how stringently the authorities guarded the privileges of their craftsmen and their trades: — On "29th September 1581, Alexander Legatt, indweller in the Cannogaitt, being accusit for pakking of certane pledding in Leyth, confest the sam and cum in will thairfor, and forther oblist himself to cum and dwell in this burgh at Witsonday nixt, and nocht to remane ony langer in the Cannogaitt gif he dwelt in this cuntrey, vnder the payne of j'^ li. that he sail mak na merket of his merchandice outwith ane frie burgh , bot bring the sam to this town, vnder the payne of escheitt thairof." " 24th October 1581. — Act for execution of the acts made anent casting down and balding doun of cruvis and zairis and punischment of the transgressions thairof, slauchter of reid fische, and of the fry of all fisch. OUR SOVERAINE LORD, etc. . . . " THEREFOIR, our Soveraine Lord with advise of his saidis three estaites, hes maid, constitute and ordained, and be the tenour of this present act, makis. LEITH AND ITS ANTIQUITIES 477 constitutis and ordainis the persones after specified, within the bounds particularlie foUowand, his hienes justices in that pairt, to the effect underwritten. That is to say: . . . The schiveSe oi Edinburgh p7^ncipal, and his deputes, and the provest and baillies of Edinburgh for the waters of Ammond, Leith, North and South Esk," etc. {Acts of Parlt. of Scot., vol iii. p. 214.) The following inventory of writs, in possession of the depute town-clerk of Edinburgh, shows how much Leith bulked in their civic administration : — " 27th October 1581, [in presence of the provost, bailies, and council], comperit William Stewart, eldars, and producet and delyuerit to thame the writtis and lettres vnderwrittin concerning the guid towne quhilk he had in his handis the tyme he wes clerk depute, viz. . . . Ane obligatioun or promeis maid to the guid towne be vmquhill Marie, Queue Dowarier, regent of the realme for the tyme, of the sowme of j'^lxvj li. xiijs. iiijd., and that of the re.st of j" li. lent be the towne to Monsier Dosall : Item, ane decreitt obtenit be the towne aganis Leyth vnder the subscriptioun of Maister James Fowlis of Colintoun, clerk of register, chairgeing Leyth to desist frae bying of pryssis, etc. . . Ane licence gevin be the Quenis grace to the towne to chaynge the merketis to quhat place of this burgh thai think ex- pedient : Item, lettres of the lordis chairgeing all skipperis, maisteris, and marineris of schipis als weill strayngeris as vtheris that thai tak away na greitt coin vsit for the commoun fyres furth of the realme, at ony tyme heirafter ; lettres for strikking up of duris in Leyth for nocht selling of thair victuall bot helping of thame to any derth ; maister Robert Rychertsoun, thesaurers deschairge of the sowme of xij"^ li. for 478 HISTORICAL NOTES CONCERNING license to remane at liame fra Fawlay raid ; ane decreitt aganis the inhabitantis of Leyth subscryuit be maister Tlioraas Marioriebankis, clerk of register, deceruiug thame to desist aud ceis fra pakking, peilling, byiiig, or selling of walx, wyne, or vther staipill guidis within Leyth or ony vther pairtis within the townis fredome, vnder the payne of j" merkis ilk persoun, etc., aud in speciall ane decreitt aganis vmcjuhill Jhoue Wycht for payment of j° merkis for contravening of the decreitt foresaid : lettres of arreisting of westland heiring and vther fisches transportit be westland men to Leyth, for careing out of the realme in schipis ; quhilkis lettres thai delyuerit to Maister Alexander Guthrie and ordanit to be registrat in the register buik and put in the chairterhous, and in respect heirof and of the said Williams guid seruice thai remittit to him his vnlaw of fyve pund for breking of the statutes in selling deii- wyne, and ordanit James NicoU quha poyndat thairfore, as baillie for the tyme, to rander the poynd, and proraieissis to se James satisfeit and relevit thairof, in respect that as he declairit he had debursit the said vnlaw." The repairs that were done to the causeway and to bridges show pretty conclusively the extent of traffic there was in the land in those days. " 3rd Nov- ember 158L — Vnderstanding that Jhonn Robertsoun, thesaurer, hes causit repair the brokin calsaye and hoillis at the Kirk of Feild port within the samyn, aud at the new well, aud mend the brokin places in Leyth Wynd, as alswa hes eikit and enlairgeit the lang calsay betuix this and Leyth, aud mendit sindry hoillis and brokin places of the samyn to the greitt weill of the towne and all our Souerane Lordis lieges, and yitt thair is ua war- rand grantit to him for the expenssis maid thairvpoun, LEITH AND ITS ANTIQUITIES 479 fyndis the saidis warkis to haif been rnaist necessar and proffitabil, and thairfore ordanis the expenssis and chairges maid vpoun the samyn to be allowet to the said thesaurer in his comptis." While the civic dignitaries of Edinburgh were content to repair the causeway and mend sundry holes and broken places of the same, they took very good care that nothing in Leith that could produce money would be left unutilised. " 15th November 1581. — Ordanis the thesaurer, with [blank] to pas to Leyth on Tysday nixt and rowpe and sett the west linkis of Leyth, and Littill Londoun to sic as will bid maist thairfore, and to collect and ingadder the few mailles and flesche stok mailles of Leyth, and caus the sam be payit to the said thesaurer." Among the articles that the Parliament of 29th November 1581 refers to, a commission of its members is one " anent the briggis of Leyth and Crawmunt and utheris briggis." {Acts of Park, of Scot, vol. iii. p. 218.) The maltmen of Leith were always a source of much trouble to the civic authorities of Edinburgh. These maltmen were an industrious, pushing lot, brewing good beer, which competed favourably, both in price and quality, with that brewed in Edinburgh ; and this gave much offence in that city, as no one but those resident in Edinburgh should live except as slaves and servants to its citizens. On 29th December 1581, "[the provost, bailies, and council], vpoun cou- sideratioun of the complaynt maid be Archibald Jhonestoun, fermorer to the guid towne of thair mettis and mesouris of Leyth, aganes Jhone Thom- soun, Dauid Waldy, Adame Thomesoun, and certane vtheris, maltmen of Leyth, for bying and resaving of 480 HISTORICAL NOTES CONCERNING thair beir and vther stufe with tliair awin mesouris and nocht metting the samyn with the townis commoun mesoures in defraud of the said fermorer ; for ane generall ordour to [be] kepit in tyme cuming, statutes and ordanis that all victuallis resauet be the said maltmen, or vtheris furth of the cuntrey and mett in Leyth, sail at the resaving pay to the said fermorcris and all vtheris fermoreris of the said mesouris the dewty and custome of mettage vsit and wont thair- fore." On the 24th January 1581-82, "[the bailies and council] ordanis Jhone Robertsoun, thesaurer, to caus big vp and repair with all diligence possibill that pairt of the towne wall vpoun the castell bank laitlie decayit and fallin downe, and to agrie with the wark- men be the avyse of the said dene of gild, Andrew Sclater and Alexander Vddert, the best cheip he may, and siclyke ordanis him to caus help and repair that pairt of the north bulwark in Leyth laitlie schott and apperande to decay, and to vse the avyse of sic of the counsall as he fyndis guid." Rapacity, it would seem, characterised the in- dividual members as well as the collective body of the Town Council of Edinburgh. 20th March 1582-83. — Claim " gevin in to the provest and baillies of Edinburgh be Williame Fairlie aganis Adame Foullartoun, and advocattit to the Lordis of Secreit Counsale" as follows: — In October 1571, " the said Williame being in the cuntrie of Flanderis in using his lauchfull merchandice, and myndit to depairt thairfra to Bordeaux in Gasconyie, and knaw- and himself addebtit to divers personis of this realme quhomefra he had coft merchandice of befoir in divers sowmes of money, he gaif command to Williame Wallis, his factour in Flanderis, to send hame in LEITH AND ITS ANTIQUITIES 481 Scotland to James Fairlie, his broder, iiyne merkis tua unce wecht Spainyie lyallis to have payit his said debt with ; quhilk Williame deliverit to Lyoun Smaly, burges of the said burgh, the saidis nyne merkis tua unce wecht Spainyie ryallis, to have bein deliverit to the said James, his broder, to that eflect ; quhilk Lyoun Smaillye arryvit saiflje with the saidis ryallis in this cuntrie at the port of Leith in the moneth of December or thairby nixt thaireftir, on purpois to have deliverit the saidis ryallis according to his directioun to his broder. Nottheles the said Adame FouUartoun than wranguslie intromettit with the saidis ryallis, and tuik the samin fra the said Lyoun, and as yit detenis and withhaldis the samin fra the said Williame, and on na wyis will delyver the samin to him agane, or the availl thairof, extending to xxxvii s. ilk unce, without he be compellit." On 4th July 1584 this action w^as resumed, when, parties having been heard, the Lords charge the said Adam to deliver to AVilliame Fairlie the " saidis nyne merkis and twa unce wecht of Spanyie ryellis, or the said sowme of xxxvii s. for ilk unce thairof," within ten days after being charged, under pain of rebellion, because the said Williame has proved his claim sufficiently. {Jieg. P. C. of Scot., vol. iii. pp. 558-9, and 676.) Timber was always a staple import at Leith, and required jealous watching on the part of the civic authorities ; which it duly received. On 4th May 1582, the provost, bailies, and council " ordanis the haill Norway tymmer quhilk is to come in at Leyth this present yeir to be placed and layit beside the schore in the place callit the Burse and in the houssis callit Little London ; and siclyke ordanit the baillies with all diligence to putt the maltmen and taverneris VOL. I. — 31 482 HISTORICAL NOTES CONX'ERNING to tlie knawledge of ane assyse for breking of the statutes, and collect and iiibring thair vnlawes to be iniployit on the commoun warkis." The land meters and water meters of Leith aie getting decayed, and need to be attended to. On 4th May 1582, the Council " fyndis the watter mettis and land mettis of this burgh seruiug at thair port ami heavin of Leytli to be auld, worn, and decayet, and thairfore ordanis Jhone Eobertsoun, thesaurer, to caus renew and mak ower the sam conform to the auld just mesour of the realme in straiket mett, stark guid and sufficient with bandis of irne, and handis for lifting thairof, and to be half boUmettis, towitt, ane sort of watter mett to serue for the quheitt, rye, peyis, beynis, and salt ; and the vther sort of watter mesour to serue for beir and aittis, of ilk sort twa ; and for the land mett siclyke, and of ilk sort ane principallor patrone mesour to be maid and putt in the chairterhous with the mesour of Linlythgow quhilk seruis to the mercattis of this burgh." On 10th August 1582, "the baillies and counsal ordanis Jhonne Eobertsoun, thesaurer, to cause repair and mend the ringis and makfastis on the schore of Leyth for seruing and balding of the schips." It did not much matter how small the thing was ; if done in Leith, it demanded prompt attention. On 11th September 1582, "Charles Gatt, in Leyth, come in the townis willis for cutting of ane tow of a Norway manis schip, and oblist him nocht to do the lyke in tyme cuming vnder sic paynes as the town sail lay to his charge." "Leith, June 1583. — The same day, anent the supplicatioun and liumle sute of Dauid Hume, skipper in Leyth, presentit to the saidis commissioneris be LEITH AND ITS ANTIQUITIES 483 lolinne Kirkcaldy, commissioner for the burch of Kingorne, quliairby to the furdering of the reductiouii of ane decreit obteiiit be certane Frenschemeii againis him in Burdeaux, he humblie craveit thay ather wald advance or len to him ane certane sowTne of money, as at lenth is contanit in ane supplicatioun gevin in thairanent ; ordanis the commissioneris of Edinburch, Perth, Dondie, and Abirdene, to lament his estait in thair names to the Kingis Muiestie and his Hienes Secreit Counsale, to the eflfect thay may obtene of his Grace the rycht of the siluer ingadderit for reliefe of certane presoneris in Argeres, c[uhilk they suppone to be in the handis of the airis of vmquhile Andi'o Buck, sumtyme burges of Aberdene ; as alsua that the saidis four burrowis in thair names lament to the remanent burrowis of this realme and ministeris, in sic placeis as they sail resort to in thair progres in the placeing of the customeris, the said Dauidis pure estait, and Cjuhat sowmes of money beis obtenit and recovereit be the saidis commissioneris, ordanis the samyn at thair dis- cretioun to be employit for the said Dauidis releife and support." The civic authorities of Edinburgh were wise enough in their day and generation to reward a zealous official, particularly when he brought cash into their coffers. On 4th July 1583, "the prouest, baillies, dene of gild [council, and deacons], in consideratioun of the greitt paynes tayne and to be tayne be Andro Mekill in collecting and inbringing of the laitt custume at the port of Leyth, conform to the act of burrowes and lettres past thaii-vpou, thairfore gevis and assignis to him ane yeirlie stipend of twenty-four pund to be tayne of the reddiest of the said collectioun induring his office of coUectory." 484 HISTORICAL NOTES CONCERNING In order that none of the custom dues should escape, and no person pretend ignorance thereof, the Council, on 19th July 1583, " ordanis ane tabill to be maid and sett furth of the haill customes of this burgh at thair port of Leyth, according to thair awld infeft- ment, and the sam to be putt in perchement in ane brod and affixit in ane publict place that nane pretend ignorance." On 26th July 1583, "the provost, bailies, and council ordanet that Andro Sclater, baillie, and Mungo Russell, thesaurer, suld pas and visy 'the schore of Leyth, and to consider quhair ony of the aisler staynes thairof are lowsit, and the said thesaurer to cans repair the sam with all vther defalts in the said schore with dilioence." On 27th July 1583, "the prouest, Ijaillies, dene of guild, thesaurer and [council], vnderstanding that the setteris of this last extent of iij" merk hes set the rollis to ij™ j° V li. iij s., by the extents of Leyth, Kinghorn, and Lmerkething and swa j" v li. iij s. mair nor the principall so^\■m, by the said townis, and sus- pecting that thair sail be greitt defalcatiouns in the said rollis, thairfore approvis the doings of the said extentouris swa far as thai half exceidit the principall sowra in the said superplus, and dischairges thame of all things that may be layet to their chairge for the sam; and ordanis the said superplus to be employet vpoun the wark of the college with the rest of the said extent appoyntet to that end, consideratioun beaud alwayes had of the chaii-ges of the rollis setting and ingaddering of the said extent." The Provost and Council of Edinburgh claimed to exercise a pretty extensive control or interference with the affairs of Scotland generally, as appears from the LEITH AND ITS ANTIQUITIES 485 following: — On 31st July 1583, "the prouest, bailies, and council, after consideratioun of the missiue bill sent to the guid town be the couseruator, desyring that the sending of skynnis to Flanderis be stayet for a seasoun, for the ressouns thairin contenit, ordanis missiues to be direct to the burrowes of Perth, Dundie, Muntrose, Sanct Androis, Abirdene, with a copy of the said bill, desyring thame to caus stay all skynnis at thair poitis quhill forther aduertisment, and that thai send bak thair ansuer to the guid towne agane the xij of August nixt, gif thai will obey the sam or nocht. And quhill the said ordanis that na skynnis be sufferit to pas at Leyth." The Town Council of Edinburoh claimed and exer- cised the right to tax the inhabitants of Leith for theii' part of the town's extent of the general taxa- tion. On 2nd August 1583, " [the provost, bailies, and council] ordanis precept to be direct to the baillies of Levth, chairgeino; thame to extent the inhabitants of Leyth thair pairt of the townes extent of the generall taxatioun to the sowme of fiftie pund allanerlie, in consideratioun of thair present decay in thair substance ; and that lettres be sent to Kinofhorn and Innerkethein for thaii- pairt of the said extent, quhilk is Kinghorn xxxiij li., and Innerkethein xxij li." "23rd August 1583. — All previous efforts at the finding of metals in the country having failed, a con- tract was now entered into between the King and one Eustachius Eochc, described as a Fleming and mediciner, whereby the latter was to be allowed to break gi'ound anywhere in search of those natural treasures, and to use timber from any of the royal forests in furthering of the work without molestation from anyone, during twenty-one years, on the sole condition that he should 486 HISTORICAL NOTES CONCERNING deliver for his Majesty's use, for every hundred ouuces of gold found, seven ounces ; and for the like weight of all other metals — as silver, copper, tin, or lead — ten ounces for every hundred found, and sell the remainder of the gold for the use of the state at £22 per ounce of utter fine gold, and of the silver at 50s. the ounce." (Chambers, Dom. An. of Scot., vol. i. p. 151.) The Secret Council had discharged the Magistrates of Edinburgh from taxing certain horses imported from Sweden; so, on SOtli August 1583, " vnderstanding that the said baillies ar dischairget be Icttres of the Secreitt Counsall fra all asking, craving, and resaving be thame selflSs, their deputs, or officeris fra William jNIoncrcif of ony custom of sum horrsis laitlie broclit be him fra Swadyn bot to sufler him to pass but trubill or impediment under payne of rebellion, as at length is contenit in the said letteres of the daitt the xx day of August instant, thairfore thai haif dischargit and be thir present dischairgis thair fermoraris of thair cus- tomes at the port and heavin of Leyth, thair seruands or substitutes, from taking of any maner of customes fra the said William or his souerteis for the said horsis, conform to the said lettres." On 4th October 1583, the provost, bailies, council, and deacons of crafts elected Jhonn Thomsoun and Dauid Quhyte to be bailies within the town of Leith ; and Mr. Jhonn Scherp, Mr. Thomas Craig, and Mr. Jhonn Prestoun, younger, "assessouris to the guid toun for the yeir to cum ; and the provest, bailies, and council elected Jolmn Watt, smith, and James Mer- chell, merchant, collectouris of the entres syluer, owlklie penneis, vpsetts, and vnlawes, conform to the decreitt arbitrall." Following on this the table of customs of Leyth LEITH AND ITS ANTIQUITIES 487 has to be renewed; so, on 23rd October 1583, " Gevis power and commissioun to Henry Nesbet, baillie [and five others] to convene and sett doone ane perfyte taibill of the customes of this ])urgh at thair port of Leyth, conform to thair ancient chartour of the sam and rycht consuetude to be vsit thaiiinto." The burgh of Leith then proceeds to make useful and precise orders for the stingmen, polkmen, and metters at Leith in the following manner : — On 2nd November 1583 — " Court of burgh of Edinburgh, held on the schore of Leyth by an honourable man, James Nicoll, one of the bailies of the said burgh. The said bailyie sittand in jugement for talking ordour with the stingmen and polkmen vpoun the said schore in admitting the persouns maist worthie and dischairgeing all vthers, gevin of thame thair instructions and pryces, and taikand souerteis to keip the sam, conforme to the commission gevin to him and James Ros, Maister Michaell Chisholm, and Mungo Russell, be the provest, bailyies, and counsall thairanent, the said baillie, with avyse of the said persouns, admitted and resauit the persouns vnderwrittin to be polkmen and stingmen and metters vpoun the said schoir, for serving the nychtbouris of this burgh and all the Kingis Graces lieges, and discharget all thairto quhilk seruet of before ; for the quhilk thai sail be oblist to obserue and keip the iniunctiouns following, vnder the payne of fourty schillings swa oft as thai failyie, besyde the payne of deprivatioun at the will of the guid town ; to witt, that thai sail be leill, trew, and faithfull in thair seruiee, that thai sail be diligent and ready to serue at all tymes convenient, and first the friemen of this burgh before ony vthers, vpoun the pryces following, and in the tyme of thrang and greit seruiee that thai sail fynd 488 HISTORICAL NOTES CONCERNING and furneis vthers guid fiiythfuU and qualifeit persouns vpoun the said pryces, for quhome thai sail ansuer, that thai sail carie nor bcir na vnforbiddin guidis bot incontinent reveill the sam to the maiestrats, thesaurer, sercheouris or officeris of the guid town, that thai sail be ansueral>ill to refund all dammage and skaytli that sail fall in their defalt to the guiddis careit, or handlit be thame or commit it to thair credite. The pryces of thair wark and seruice is — first, for the stingnien, viz. : oft" ilk twn of wyne, for bering on schore, bussing and sellaring thairof, far or neir, twa schillings ; and for cairting and taking out of the sam, far or neir, twa schillings ; off" ilk last of salmond, for careing, yairding, or sellaring, far or neir, twa schillings ; of ilk last of heiring, pik, tar, or saip, twenty penneis ; off" ilk last of Osmond irne, sellaring twa schillings ; off" ilk tun wad, twelf penneis ; oft' ilk last drinking-beir, twa schillings ; oft" ilk pak of lynt or vther geir of the quantitie of ane cairtis laidning, for cairting thairof, aucht penneis. Anent the polkmen : oft" ilk lioU of quheitt, beir, or salt, for setting on the schoir, ane penny ; for bering throw Leith to the sellares, far or neir, ilk boll, thre penneis ; oft" ilk chalder mcill, threttie penneis. Anent the metteris : tliai to half for metting oft" ilk chalder victuall within the cuntrie aucht penneis, and oft' tlie scoir of owtlands victuall and of salt twelf penneis. Followes the names of the saidis persouns quha wer admittet and sworn to obserue the premissis, and fond cawtioun thairvpoun as followes : [twelve stingmen, eight polkmen, and two metters]. It is specially inioynit to the said metteris that thai sail be leill and trew, bot falsett, as equall bayth to the byers and to the sellaris vnder the paynes foresaidis." w X a < q LEITH AND ITS ANTIQUITIES 489 CHAPTER XXXVI REGULATIONS AND ORDINANCES The merchants of Edinburgh had been exempt from the petty customs at Leith, but, the civic authorities becoming alive to the great loss they were sustaining by this, discontinued it. On 8th November 1583, " the foresaids pro vest, bailyeis, and counsall, and deykins of craftis fyndis that it hes bene hurtfull and preiudiciall to the commoun rent that the particular merchants, burgessis of this burgh, in tymes past hes nocht payet friemenis custome at the port of Leyth, thair being na privelege of exemptioun grantet vnto thame, and seying the sam pertenis to the commoun guids, and suld not redound to a particular proffeit, thairfore, with avyse of thair assessouris, after laug resoning heirinto, hes concludet, thocht expedient, and ordanet that, in augmentation of the commoun rent, the merchants, l)urgessis, and friemen of this burgh, sail in all tymes cuming pay to the fermorers of the pittie customes of the said burgh friemenis custom of thair guids at the said port of Leyth, according to the townis infeftment and custom roUis contenit thairintill, and that intimatiouu be maid heirof at the setting and rowping of the said customes." Though the civic authorities objected strenuously to any merchant of Leith buying or selling, they did 490 HISTORICAL NOTE.S CO>'CERNING not object to purchase an article in Leith tliemaelves when they could do so cheaper than they could get it elsewhere. On 13th November 1538, the Council " ordanis James Eos, thesaurer, to pay for a drwm or swcsche to serue the guid town, quhilk Jhonn Bayne in Leyth hes to sell, the sowme of audit pund, and to resaue and putt the sam with the townis trumpett in their munitioun hous." A perfect table of the customs of Leith must be prepared and hung up in the clerk's chamber in Edinburgh, and also the clerk's chamber at Leith. 22nd November 1583 — " Ordanis James Ros, thesaurer, vpoun the townis chairges, to cans mak ane perfyte tabill in parchement of the townis customes in Leyth, and to brode the sam, and affixe it in the clerkis chalmer of this burgh, and ane vther to be affixit in the clerkis chalmer in Leyth." The inhabitants of Leith had been using the pastur- age of the links ; and the Magistrates of Edinburgh authorised "a baillie or twa" to poynd the "guidis" they may find pasturing. On 22nd November 1583, "it is thocht expedient that ane bailyie or twa sail pas twyse in the owlk to the west lynkis and vesy the sam, and caus poynd sic guidis as thai may find pasturing thairvpoun, and that thai avyse with the assessouris quhat ordour sail be vset in the sam." All ships duly entered at Edinburgh, producing their charter parties and paying their dues there, were to be clear in all other ports. To make this clear, on 10th February 1583-84, " [the provost, bailies, and council] anent the article proponit to thame for thame- sellfis, and in name of the remanent burrowes of this realme, takkismen of the customes thairof, gif the merchants and burgessis of Edinburgh and schips of LEITH AXD ITS ANTIQUITIES 491 the port of Leyth, frauclitit to tak victuall and for- bidden guidis be vertew of licences, suld male thair entrie at Edinburgh, produce thair chaii'ter pairtie and licence to the customers of Edinburgh, pay thair customes and raise thair coquett thair or nocht, fynds, decernis, and ordaues, for thameselffis and in name of the said burrowes, that the burgessis of this burgh and schips frauchtit at Leyth sail mak thair entressis, produce thair chairter pairteis and licence of the said forbiddin guidis to the customers of Edinburgh, pay thair customes thairof, and to resaue thair coquett of Edinburgh thair^-poun in tyme cuming ; and dis- chairges the customeris of Dunbar, Richesouns heavin, lunerkething, Bruntiland, Ivingorne, and all other customeris, of all arreisting and trubling of ony bur- gessis of Edinburgh and schips frauchtit at Leyth, for payment of thair customes of the said forbidden guidis, and of thair offices in that pairt, ordaning thame within thair bounds to mak inuentour of the saidis guidis, and tak ca-«-tioun of the transports thairof, that thai sail pay thair customes at Edinburgh, and report thair coquett thair-s-poun to thame before thair depairting furth of the realme, vnder payne of confiscatioun of the sam ; and in cais ony -s-thers of vther burrowes schip victuall or forbidden guidis in the said schips frauchtit at Leyth, that thai pay thair customes or present ane sufficient coquett of the burgh and customer quhair thai pay thair customes with thair licence thairof." In 1584-85, " the bailyeis and counsall and deykins of crafts," ha-\-ing heard and considered certain articles concerning " the dene of gild and his counsall," found the same to agree with the ancient liberties of the burgh and privileges granted to the gild brother, 492 HISTORICAL NOTES CONCERNING ratified and approved of these. " The dene of gild's counsall " was chosen by " the baillies, counsall, and deykins," and the joint body had the charge practically of the burgh's affairs. One of the regulations was " that na schips be frauchtit outward nor resauet inward bot be the dene of gild and his counsall, at the leist be the dene of gild and twa of his counsall, the ane beand ane merchant, the uther ane craftisman. Also, the said dene of gild and his counsall half power to executt the acts of parliament, lawes and statutes of this burgh, and uplift the penalties thereof upon the skippers of schippis, merchants, and thair souerteis, contravenand the same, and nane to haif power to saill at Leyth, or within the jurisdiction of this burgh, with- out the ticket of the said dene of gild and his counsall." One of the perquisites of the water-bailie of Leitli was to have the duty of rouping all ships at Leitli, and this was carefully provided for as follows : — 15th April 1584. — "Fyndes that of ane ancient custome it hes bene ane proper casualtie of the office of the townis wattor bailyie, at thair port and heavin of Leyth, to haif the dewtie vnderwrittin of all schips rowpet and compryset be him within the said heavin, and thairfore declairis, statuti.s, and ordanis that as thair said watter bailyie is subject to dwell and remayne within this burgh, swa he awcht to haif the rowpping and com- prysing of all schips, boits, or creares within the said port and heavin, and na vthers, the dewtie quhairof pertening to the said watter-baillie is and sail be for the first dayis rowping or comprysing four penneis, and gif he mak twa dayes rowpping or comprysing to haif audit penneis, and gif it be thre dayis to haif twelf penneis, and this of ilk pund that the said schip, boit, or creare is rowpet or compryset to." LEITH AND ITS ANTIQUITIES 493 20tli April 1584. — Proclamation ordered at the market cross of Edinburgh and at the shore and pier of Leith, charging officers " to pas to all portis, heavinis, and raidis within this realme, and thair fense and arreist all maner of schippis, barkis, and caryaris, now frauchtit and bowin to saill in onie uther cuntreis, and tak the saillis fra thair rayis, and hald and keip thame under arreistment ay and quhill thai obtene the said arreistment deulie lowsit ; " with command also to the masters and owners of such vessels not to break the arrestment, under pain of loss of life, lands, and goods, and to magistrates of burghs to assist the officers in the execution of the premisses. {Reg. P. C. of Scot., vol. iii. p. 656.) "Edinburgh, 22 May 1584. — Anent the gage and standart for salmond, hering, and quhite fisch, and principal stapills thereof Item, OUR SOVER- AINE LORD, etc. . . . with advise of the three estates of this present parliament, ratifies and approves all and sundry acts and statutes made by his hienes and his predecessors concerning the measure of salmon, herring, and white fish, gauging burning and measuring thairof And ordainis the principal staple of salmond, fra Dee north, to be the burghes of Aberdene and Elgine : and the principal staple of herring, and quhite fish, slaiue be the inhabitantes within the water of Forth, to be in Leith, within the priviledge and freedome of the burgh of Edinburgh, and within the port and haven of Carrail. And to the effect the said acts may be the better kept, and for eschewing of fraudulent measures, and of false and unjust packing of . . . herring and white fish, which is muckle used by unfreemen, fishers, and other slayers of the said fish to the great hurt of the freemen, burgesses, and 494 HISTORICAL NOTES COXCERNING luercliants, and haill commoun weill of this realmc. Thaiifore it is statute and ovdanit . . . that there be ane just standard and measure for herring and white fish, which shall be brint and remain in the keeping of the provost and bailies of Edinburgh. And that all . . . herring treis [barrels] and white fish treis uni- versally through the realm shall be of the measure and gage foresaid. And that ilk burgh shall receive a pattern of the gage and measure foresaid, and shall cause their coopers within their bounds to make their barrels conform to the said measure, and by the same to be brint by the town iron, and coopers' iron on both the ends and upon the stop [stave] near the bung. And in case any herring or white fish be packed in other barrels nor of the just gage foresaid brint and marked as said is, the same shall be eschait to our soveraine lord. And ordains the principal staple of herring and white fish slain by the inhabitants within tlie water of Forth to be in Leithe within the privilege and freedom of the burgh of Edinburgh and within the port and haven of Craill. And that the said provost and bailies of Edinburgh . . . shall appoint a discreet man to be visitor, wraker, gager, and burner of the said l)arrels, and appoint to him a reasonable duty of ilk last thairof for his labours. That all unfreemen, fishers, and slayers of herring and white fish dwelling within the bounds of the water of Forth on baith the sides bring their herring and white fish to be slain by them in time coming to the ports of Leith or Craill. And that no fisheris or other unfreemen sell their said herring or white fish to any strangers or unfreemen, or carry the same furth of this realm to any other countries to be sold by themselves under the pain of escheating of all their movable goods, the one half to LEITH AND ITS ANTIQUITIES 495 our soverane lordis use, and the other half to the burghs who shall convict them by virtue of their commissions." (Acts of Parlt. of Scot, vol. iii. p. 302.) The importation of fish in Leith was a matter requiring great attention, and visitors and judges were duly elected for this purpose. On 10th July 1584, the provost, bailies, and council appointed Thomas Cok, merchant, and William Harvie, tailor, " equallie and eoniunctlie, jadgeares [gagers], wrakeris, visitouris, and markeris of the haill hering and quhyte fische that sail cum within the port and heivin of Leyth and privilege of Edinburgh, conforme to the act of parliament maid thairanent during thair lyfetymes," and cautioners were bound wath them for performance of their offices ; viz., " that thai be themselfies, thair deputs, cowpares, and seruands sail feythfullie and trewlie execute and vse thair offices, and sail caus all the heirins and quhyte fische that sail cum within said port and heaviu of Leyth and fredome of Edinburgh to be strukin -vp, %-isitet, and wTaket, and the treyis [barrels] thairof to to be jageit [gaged] conforme to the jage and standart, and to devyde the guid and sufficient fische fra the wrak and evill, and to confisk and escheitt the fals treyis, and to juge the guid fische to haif thir qualiteis ; \dz., the heiring to be callour slayne, stif, cleir, and vn- gilt or spawnit, having heid and taill with melt and rawne, weill guttet, saltet, and pynet, and to be weill laid, paket, saltet, and presset within sufficient stark treyis of guid bind and lichtnes, and sail mark and burn the samyn with the towne irne conforme to the said act as guid and sufficient;" also to "juge and decerne ■s'poun the sufficiencie of the keiling, lyng, and codling," and " jadge the salmond conforme to the just jadge, and se thai be brynt and market be the burghes 496 HISTORICAL NOTES CONX'ERNING to quhome the power thairof is gi'antet be the said act of parliament." " Leith, 15 July 1584. — The samyn day, dew consideratioun being had of the laitt act of parliament, publeschitt at the mercat croce of Edinburgh and vther places neidfull, anent the pakking and pcilling of herring, quhyte fische, and vther fische mentionat thairintill, slayne be the inhabitantis of ather sydis of the watter of Forth, vpon the occasion of complayntt gevin in thairanentt ])e dyueris burrowis of the coist sydes, Fyndis the said actt gude in all poyutis, except that pairtt thairof being ane special chairge thatt all fisches and herring and vther fisches thairin contenit to be brocht to the poirtis of Leith or Craill, thair to be o-raithitt and liandlitt in maner as is mentionatt in the said act ; for reforming of the quhilk pairtt of the said act, all in ane [voce] consentis ane generall sup- plication be gevin in all thair names desyring reforma- tioun of that pairtt of the said act, becaus they vnderstaud prejudice to dyueris vtheris frie burrowis to ensew thairvpon and that it may be lesum to bring the saidis merchandise to all and quhatsumever frie portis within this realme, thair alwayis they obeying and obtempering all the remanent poyntis of the said act ; provyding alwayis euerilk burgh vpon the coist sydis fynd dew cautioun to the burgh of Edinburgh for pakking and peilling of sufficientt herring and vther fisches foirsaidis, and for fulfilling of all vther heidis contenit in the said act and lettres raisitt thair upon, vnder the paynis thairin contenitt ; as alsua thatt, in the supplicatioun to be presented and gevin into the nixtt parliamentt, it salbe cravitt thatt the burrowis of Glasqu, Air, Irrowyne, and vther burrowis be-west Clyde, be nocht subject to that pairtt of the act con- LEITH AND ITS ANTIQUITIES 497 cerning the taking or using of the jedge from Edin- burgh, in respect of the laik of tymmer amaugis thame, they ahvayis submittand thame to all the remanent poyntis of the said act as is aboue expremitit." " Leith, 17 July 1584.— The quhilk day, the com- missioun of burrowis, vpoun the complayntis gevin in befoir thame be the burrowis efter following, ordanis the samyn to be rememberett and gevin in in articlis to the nixtt Parliamentt, viz., anentis supportt cravitt for reparing of the dekyitt, harberres, and briggis of Craill, Eenfrew, Kirkcaldy, Peiblis ; and siclyke, it may be impetratt the said nixtt Parliamentt that na frie barroun, in na pairtt outwith ane frie burgh, have within ane barrony ony ma nor ane of euery craft, according to the auld lawis of the realme past thair- vpoun, and that a Commission of Justiciary may be gevin to the magistratis of the heid burgh of ilk schyre to call and convene the contravenars thairof, and anentt remeid to be cravit of the new exactionis raisitt in Ingland vpon Scotis merchantis resorting thair, as alsua the supplicatioun of Dauid Home, and ane articulc aganis Kirkcudbrycht and Quhithorn, for ressait of piratis, and anent ane merkatt of quheitt, beir, aitis and vther victuall to be cravitt to be in Linlithqu as the heid burgh of the schire, and anentis Orkney and Schyteland, for the wrangis done thair." 4th August 1584. — The King and Council " respect- ing the greit dampnage and skaith sustenit be him [Adam Fullarton] throw the demolisching and shutting doun of his ludgeing within the burgh of Edinburgh, being the chief strenth thairof, the tyme of the civile weir betuix Leith and Edinburgh, quhilk wes done be his Hienes awiu ordinance, in the persute of his Majesteis enemeis for the tyme ; and understanding VOL. I. — 32 498 HISTOEICAL NOTES CONCERNING that he craves only to be recompancit of his said (lampnage, &c. ; therefore his Majesty with advice of his Council has appointed ' his weilbelovittis,' William Commendator of Pittinweme, Sir Robert Melville of Murdocairny, and Alexander Hay, Clerk of Register, to estimate in silver the damage sustained by Fullarton ' through the douncasting of his said ludgeing,' and ' promittis faythfullie to mak ' payment to Fullarton of this sum." {Reg. P. C. of Scot., vol. iii. p. 682.) In those days the Council was, it seems, elected annually, and the old Council chose the new. On 7th October 1584 it appears that the Provost, Bailies, and Council, for completing their number, elected certain persons " in place of thame that ar promotet to uther offices to be of the counsall for the yeir to come." But of course the Leith people, being only vassals of Edin- burgh, had to get their bailies elected for them. Accordingly, on 9th October 1584, the bailies, council, and deacons of crafts elected three persons to be bailies of the town of Leith, also " chuse Maister Jhonn Scherp, Maister Jhonn Prestoun, Maister Henry Bal- four, and Maister Alexander King, assessouris to the guid toun ; " and elected "Jhonn Watt, smyth, and James Merchell, merchant, collectouris for the yeir to cum of the vnlawes, vpsetts, and owlklie penneis." Any money for any cause, civil or criminal, that could be exacted from Leith must pertain to the guid toun of Edinburgh. On 28th October 1584, " fyndis and decernis that the vnlawes of all bluids committet vpoun the schoir of Leyth and passages thairof sail in all tyme cuming pertene to the guid toun, to be vset and disposet at thair plesour, lyke as thai haif done in all tymes bygane, and that the watter bailyie lies nathing to do thairwith except at the LEITH AND ITS ANTIQUITIES -499 ro loco et temjwre, and are content that the commoun kist of the said college and euidents contenit thairin sail remayne in custody and keeping of Maister Robert Pont, provest of the said college till forther ordour be tayne concerning the said mater be com- mouning betuix him and thame, and this continuatioun to indure for the space of ane yeir quhill maters may be amicablie composit amang thame but process of law." On 9th April 1585, "the counsall vpoun considera- tioun of the supplication gevin in l)efore thame be William Hamiltoun, merchant, for redelyuerance to him of ane bray sin pott, and ane quart stowjie of tyn poynded fra him for non-comperance at the heid court of Leyth, as he that awcht suitt and presence at LEITH AND ITS ANTIQUITIES 503 the said heid court for ane tenement of land lyand in Leyth at the Altarestayne, the said bailyeis and counsall fynds that the said land wes haldin of before of the chaiplenis of St. Katherenis alter, within the college kirk of St. Jeill, quhairof they are patronis thame selffis, and be ressoun of the generall dispositioun thai succeid in place of the said chaiplenis and is haldin of thameselffis, and thairfore aucht na suitt nor presens to the towne in the said courts, as in the laird of Restalrigs court, and thairfore decernis the saidis poyndis to be redely uerit to him agane." On 5th May 1585, "the counsall finds that accord- ing to the ancient liberties of this burgh and laws of the realms, na unfrie personis aucht to half libertie or power to by or sell any maner of guids cumand in or out at the port of Leyth, and thairfor appoynts and nominats Nicoll Vddert and John Watt to sie the said liberties and lawes keepit and put to dew execution." On 14th May 1585, " ordanis James Eos, thesaurer, to tak down the cran at the schoir of Leyth, and to sett vp the sam at the clowse of the North Loch, and to repair it." The merchants of Leith had been buying and selling butter, cheese, and meal in that town ; and as this was in the eyes of Edinburgh an ofi"ence, being prejudicial to their interests, they must stop it. So on 19th June 1585, " the foresaidis bailyes, dene of gild, thesaurer, [council, and deacons of crafts], vnderstanding that thair is greitt merkets keipet and haldin within the towne of Leyth, of butter, cheis, mell, and siclyk viuers, contrair to the priveleges of this burgh, thairfore they all agreit and consentit to pas down the nixt merket day and intromet with and vpbring all maner of guids 504 HISTORICAL NOTES CONCERNING brocht to the said merket, and ordanis James Ros thesaurer, to iiitromett with the haill skynnis, lamb skyunis, and futefail.s, and scheip skynnis quhilk are had to Leyth, and thair pakket and sawld." More trou])le with the merchants of Leith. On 2nd July 1585, "the counsall fynds it maist expedient for mayntenance of the liberteis of this burgh that the guids of the men of Air presentlie in Leyth be brocht up and pakkit within this burgh and nocht in Leyth, and als hes agreit all to pas doun to Leyth for staying of the merkets haldin thair on Monday nixt." The trade of Leith could not, however, well be stopped by isolated orders like the foregoing, so the civic authorities passed a general proclamation for- bidding trade in Leith at all. On " 16th July 1585 : — Forswamekill as it appertenis properlie to the priveleges of frie burghis to haif the topping, selling, and vseing and exerceins; of merchandice and to nane vtheris, lykeas it is speciallie be acts of parliament and speciall priveleges of this burgh provydet that na maner of staipill guids suld be howset, pakket, peillet, ventit, toppit, or sawld within the unfrie toun of Leyth, nochttheles dyuers psrsouns, burgcssis of this burgh, inhabitants of Leyth and vthers, vnder cullourofthe present visitatioun and seiknes, hes tayne vpoun thame to do and attempt incontrar the saidis acts and priveleges, thairfore ordanis proclamatioun to l)e made throw this schore and toun of Leyth inhibiting and dischairgeing all maner of persouns, burgessis of this burgh, or vtheris, frie or vnfrie to tak vpoun hand to howse, pak, peill, top, vent or sell any maner of staipill guids and merchandice within the said toun of Leyth, or vse the liberteis belanging to ane frie burgh, or vsing of any handle craft or tred prciudiciall to the liberties LEITH AND ITS ANTIQUITIES 505 of this burgh, vnder the payne of escheitt of the guids and pvnisement of the persouns awners thairof at the will and discretioun of the provest, bailyeis, and counsall of this burgh." The bailies, dean of guild, and council accorded to Leith the privilege of providing a vessel to proceed against the pirates of England at its own expense. On 22nd June 1585, "the bailyeis, dene of gild, and ane pairt of the counsall being convenit, fynds it maist expedient that incais Henry Nesbet, bailyie, with the persoun jojmit with him in commissioun, according to the act before namet, obtene licence to any ships to pas furth aganis the pirats of Ingland, that thay lykways purches ane cliairge to the provest and bailyeis of Dundie and Sanct Androis to half twa schips and Leyth to haif ane, to be reiket furth vpoun the expenssis of the haill borrowis, and chairgeing the burrowes to that effect, or ony vther schips in the coist syde quha sail be thocht meitt thairfore, and gif this licence be obtenit that he himselff pas to Dundie and vSanct Androis and langis the coist for taking ordour heiranent and to aduerteis the counsall with diligence that Leyth may be chairget." On 23rd [June] 1585, "the counsall fynds guid that ane bailyie pas to Leyth for keping the secund court anent the schawin of the euidents of the lands thair, and the port at the Brigend rayset be thame of the north syde be tayne down, and appoynts Andrew Sclater or James Nicoll to do the samyn." We now light upon Eustachius Roche. Stirling, 3rd October 1585. . . . His Majesty's treasurer " hes causit arreist all and sindrie the leid ure quhilk the said complenar hes presentlie in Leith, and wes win in the mynis of Glengunar Wattir 506 HISTORICAL NOTES CONCERNING Mild Wiiilok, quhilk pertenis to my Lord Arranc, and is reservit to him in tlie said contract ; for the (luhilk he is oblist to pay him ycirlie deuitie" . . . the Lords, after hearing parties, ordain letters to issue to officers " chargeing thame to pas and louse the said arrestment maid upoun the said leid nre ellis win, to the effect the same may be schippit and transportit furth of this rcalmc, eonforme to the said contract, pro- viding that, befoir the said Eustacliius transporte ony mair urc nor is ellis win, that he find souirtie for pamcnt of the deuitie dew to oure Soverane Lord be the same contract." {Jicg. P. C. of Scot., vol. iv. p. 23.) And again on the 3rd of December 1585, when he is in no pleasant plight with his mines. " Assisted by a number of Englishmen, he had done his best to fulfil his sliarc of tlie contract, but 'as yet he has made little or nac profit of his travel, partly by reason of the trouble of this contagious sickness, but specially in the default of his partners and John Scolloce their factor,' who would not fulfil either their duty to his Majesty or their engagements to himself Through these causes, ' the haill wark has been srreatlv hinderit.' He had Scolloce warded in Edinburgh ; but he. ' by his I\Lajesty's special com- mand, is latten to liberty, without ony trial taken.' At the same time, the King's treasurer ' has causit arreist the leid ore whilk the complener has presently in Leith, and whilk was won in the mines of Glengoner Water and Winlock.' This was the greater hardsliip, as it was the part he had to set aside for the Earl of Arran, in virtue of a contract for the protection of his lordship's rights to certain lead mines. The Lords were merciful to the poor adventurer, and ordered the LEITK AXD ITS ANTIQUITIES 507 arrestment to be discharged." (Chambers, Dom. An. of Scot., vol. i. p. 152.) "Leith, 3 Dec. 1585. — The samyn day, etc., fyndis thatt be special! article, it salbe proponit in parliameutt in thair names quhow the act of parliament laitlie maid and publeschitt at tlie mercatt croce of Edinburah and vther places neidfull, auent the pakking and peilling of herring, quh}i;e fische, and vther fisches mentionatt thairintill, slayne be the inhabitantis on aither sydis of the watter of Forth, quhairby it is expresslie provyditt thatt all the saidis fisches be brochtt to the portis of Leith and Craill alanerlie, thair to be graithitt and handlitt in maner as is contenit in the said act, is very preiudiciall and hurtfull to the remanent frie burrowis and sea portis on aither sydis of the said watter of Forth, and that thairfoir the said act may be reformit in this maner, viz., that it salbe lesum to bring the saidis fisches to ony of the saidis frie portis alsweill as to ony of the saidis portis of Leith or Craill, nocht- withstanding the said act of parliament maid of befoir, dispensand thairw-ith for ever, be ane new act to be maid in the contrair, qiihairvpoun Ihonn Corsaw, commissioner for the burgh, of Pettinweme, askitt instrumentis, etc." {Rec. Conv. Royal Burghs, vol. i. p. 204.) " Forsameikle as in the act of parliament, lately maid auent the packing and peeling of heiring and quhit-fish, and uther fish, slaine on ather side of the water of Forth : It is e.xpresslie providit, that all the saidis fishes sail be brocht to the portis of Leith, or Carrail allanerlie : There to be graithit and handillit, as in the said act at mair length is contained, quhilk sensine hes bene very prejudicial and hurtful to tlie remanent free burrowes and sea ports on ather side of 508 HISTORICAL NOTES CONCERNING the said water of Forth. Therefore our said Soveraine Lord, with advise of his three estaites, conveenit in this present parliament, declaris, statutis and ordainis, that it sail be lesum to the remanent of the saidis frie burrowes, to have the saidis fishes brocht to ilk ane of them in time cumming, alsweil as to the saidis portis of Leith and Carrail : Notwithstanding ony restriction maid thairanent, be the said acte, or utherwayes of befoir, dispensand therewith for ever. And ordainis letters of publicatioun to passe hereupon, in forme as effeiris." (Acts of Park, of Scot., vol. iii. p. 378.) " 30th May 1586. — Action at the instance of Hans Glaid in Trandhame in Norroway, and Hanis Wannapell, his colleague, burgess of the said burgh, against Williame Downy and George Smallholme in Leyth. Upon 5th July 1584, the said William and George acknowledged them to be indebted to Glaid and his colleague in the sum of 400 ' gude auld' Dutch dollars or £600 Scots, being the price of a ship named the Falcou7i, with her lastage, ladening, and furniture, bought from them by the defenders, ' quhilk thay suld have delyverit in Scotland, the foirsaidis personis fur- nissand steirmen thairto thameselfiis.' In lieu of this money, Williame and George had become bound upon their faith ' to lay doun and pay in the foir yeir in Birrome to Michaell Jamesoun, writter, in the castell thair, in Inglis dissounis of claith or utheris wairis of the same price and best chape that they could by it in England ' ; and if neither the money nor the wares were paid, then the defendants had become bound to answer the complainers ' for all costis, skaith, damn- age, and enteress ' sustained in consequence. . . . But although they received the ship and steered her to Abirdene, where they sold her and her ladening, they LEITH AND ITS ANTIQUITIES 509 have neither accounted to Michaell Jameson for the price thereof nor for the wares foresaid, and thairfour, in thair default, he, ' beand ane pure strangear, is com- pellit to cum in this cuntrey to persew thairfoir.' . . . In behalf of the defendants, it is alleged by their pro- locutor that the said ship was not delivered to his clients as stipulated for in the said obligation, and farther that, being by ' contraire windis drevin in the firth of Abirdene,' the defenders went ' upoun land for doing of sindrie thair necessar eflfearis,' com- mitting the vessel, during their absence, to the charge of the mariners appointed for steering her by the complainers ; ' quhilkis marineris falling at stryff and debait amangis thameselffis, be occasioun thairof the said schip wes brokin and maid unable to mak saill, and the saidis Williame Downy and George Smalholme constrainit to sell and mak penny thairof at the same tyme, and ressavit onlie thairfore the so'^vone of foure hundreth markis ; quhilk sowme they wer content at all tymes, as they ar yit, to deliver to the saidis Hanis, quhilk thay suld be compellit to ressave as a full satisfactioun to thame for the same schip, seing scho wes brokin in thair default.' To this it was answered by the prolocutor for the pursuers ' that that paii'te of the said obligatioun tuicheing the delyverie of the said schip wes sufficientlie satisfeit, in respect the same schip wes delyverit to the saidis Williame and George, and thay acceptit hir and wer steirismen of hir thameselffis, be quhome alswa sho wes sauld at Abirdene with hir laidning and the price of hir ressavit be thameselffis,' and that, ' in sa far as ony damnage or skayth is allegeit to be sustenit be thame in default of the saids Hans Glaid and Hans Wannapell, quhilk thai nawayes grant, thay ar content to find cautiouu to 510 HISTORICAL NOTES CONCERNING be answerable thairfoir.' The Lords, having considered these reasons and allegations, together with the obliga- tion foresaid, ordain the defenders to pay to the com- plainers the sum of £600 Scots, ' conforme to the said obligation,' becaus the said Williame and George accepted the said ship, were steersmen of her, sold her at Abirdene, and applied the price to their own use. The said Glaid, however, is required to find caution to be answerable for the damage sustained by the defenders ' in the broking of the said schip ' by default, as is alleged, of the mariners put into her by the com- plainers." {Reg. P. C. of Scot., vol. iv. p. 79.) The repairing of the shore of Leith was a sore burden on Edinburgh, and, notwithstanding all the revenues that city derived from Leith, it was unable to do that duty. Edinburgh for long had the un- enviable notoriety of misapplying its funds ; and especially so was this the case with those derived from Leith, so long as Edinburgh had the control of them. On 16th March 1586-87, "in respect that the schore of Leyth is failyeit in sindrie pairts and fillet with beds of sand and with staynes, and that the commoun guid is greitlie exhawstet, fynds it expedient that ane new gift be obtenit and rayset for vptaking of the impositioun at the said port, siclyke as wes grantet of before, for reparatioun and helping of the said heavin, and ordains the treasurer, dene of gild, and Willim Fairly to travell to gett the sam past." Whether they succeeded in their mission or not does not appear ; but as the harbour had to be repaired, they took the initial steps for the accomplishment of this project. Something had gone wrong with the mussel scalp at Leith, so on 12th April 1587 the Council " ordanis Androw Sclater and John Wilkyne to caus brek the LEITH AND ITS ANTIQUITIES 511 swame of the mvssill scalp in heavin of Leytli, and tak ordour for pvrgeing thairof." On 2nd August 1587 they " appointed Androw Sclaiter, merchant, thair maister of wark, to the bigging and reparatioun of the bulwark and schoir of Leyth." 5th May 1587. — Caution by Andro M'Kairnay, merchant, burgess of Edinburgh, for David Moreis, merchant, burgess of the same, that the victual, such as wheat, beir, meal, and oats, belonging to the said David, ladened by him at the ports and havens of Dundee and Montrois, shall be brought to the port and haven of Leyth only, under pain of confiscation. David Robesoun, notary, subscribes for the said Andro and David, who cannot write. {Reg. P. C. of Scot., vol. iv. p. 164.) "Leith, 4 Nov. 1587. The samyn day, etc., having dewlie considerit the complaynt gevein in to thame be Ihonn Wilky, commissioner for Haddingtouu, aganis Eobertt Gourlay, customer of Edinburgh, ordanis the said Eobertt to resave the coquetis direct from the said Ijurgh vpoun sic gudes as it sal happiu thame heirefter to bring to Leith dewlie customed and pakkitt, sua that they be na farther troublitt be him as of befoir." The following entry appears in the Council Records of Edinburgh, under date 3rd April 1588 : — " Certane fals hardheids beand fund vnder the earth in ane laich sellare of Hary Gibsoun's hous in Leyth, quhilk is in the forland of Jhonn Burne, now pertenand to Michaell Gilbert, baillie, wer brocht vp be Capitane Maistertoun, ane of the baillies of Leyth, and beand weyit in William Gechane's buith, in presens of the baillies and sum of the counsall, extendet to fyve pund nllevin vnce wecht, dirt and all, and wes delyuerit in 512 HISTORICAL NOTES CONCERNING kepiiig to Edward Mawchane, thesaurer, quliill forder ordour wer tayiie thairwith." " Though Eustachius Roche is still described as tacksman-general of the mines, it is to be suspected that that adventure was seen to be unproductive, as we find him now entering upon a new contract with the King for a wholly diiierent object. He proposed to make a superior kind of salt by a cheap process, assigning the profits to the King, excepting only a tenth for himself and his heirs, ' unsubject to confiscation for ony offence or crime.' He assured the King that this project would add a hundred thousand merks yearly to his revenue. The King, on his part, gave him the exclusive right to make salt in the pro- posed new way, with certain other privileges." (Cham- bers, Dom. An. of Scot., vol. i. p. 189.) " 4th Sept. 1588. — Also his Majesty, with advice of his Council, gives full power to the said tacksman [Eustachius Eoche] to build eight or ten furnaces of salt pans upon the bounds of Newhaven on the west side of the town of Leyth, ' or sa mony fornaceis in ony uthir siclik place quhair he may big the same.' " {Reg. P. C. of Scot, vol. iv. p. 319.) The Earl of Bothwell had been taking the law into his own hand and imposing exactions from ships in Leith, at which the Magistrates were aggrieved, and on 27th September 1588 the Council " directis Michael Gilbert, bailie, and three others, to pas with my Lord Provest to the Erie Bothuell, and compleyne vpoun the execu- tiounis tayne upoun schips at Leyth, and to seik redres thairof." The Council gave a tack of the lands and houses at Newhaven, formerly set to Englishmen, to a foreigner, who is no other than our old friend Eustachius Roche. LEITH AND ITS ANTIQUITIES 513 On 27th December 1388, " thinkis expedient, agreis and condescendis to sett to Ewstachius Roch, Flemyng, siclyk taks of the lands and howssis and rowmes at the Newheavin as wes sett to the Inglismen of befor, of the lyke yeiris and dewteis, payand to the guid toun in name of entres the sowme of twenty-foure pund." "27th Feb. 1589. — Caution by Williame Cunyng- hame, burgess of Edinburgh, for Hary Porteous and Samuel Blaikburne, Scotsmen, indwellers of Ruane, that a last of salmon belonging to the said Henry, and 18 dakers of hides and 200 goat skins belonging to the said Samuel, shipped in the ' Papingo ' of Leith, shall be furthcoming to Johnne Dougall, burgess of Edin- burgh, and others. {Reg. P. C. of Scot, vol. iv. p. 462.) They grant another tack of the western links of Leith. 7th March 1588-89. — The provost, bailies, and council set to George Smith, tailor and burges of Edinburgh, " the pasturage of thair wester links of Leith betuix Weirdy Brow and St. Nicolas Chaipell, exceptand the houssis and bownds sett in tak of before to Ewstache Eowgli, Flemyng, and reservand sic parts of the samyn lynks as sail be appoyntet be this burgh for the north syde of the brig of Leyth in time of pestilence ydih. all uther necessar vses thairof, for seven years for payment of six merks yearly." The civic authorities of Edinburgh had got a grant for the repair of the shore of Leith, as appears from the following: — 9th May 1589, " settis to James Scott in Leyth the townis dewtyes of the impositioun at the port of Leyth for reparatioun of the schore thairof, conform to the Kings Maiesteis gift of the samyn, fra the xxviij of Aprile last to the xxviij of Aprile nixttocum, in anno 1590, for the sowme of twenty-ane hunder merkis, to be payet cjuarterly to VOL. I.— 33 514 HISTORICAL NOTES CONCERNING the guid toun, thair thesaureris, or sic as thai sail appoynt to resave the sam." Edinburgh, 4th March 1590-91. — Discharge of licences for exporting victual. — Provost and bailies of burghs are to " cans diligent serche and inquisitioun be maid of the personis quilkis sail ladin or preis to ladyn and transporte ony of the saidis victuallis and foirbodin guidis at ony parte or port " within their jurisdiction, applying one half of the victual and goods to their own use, and delivering the other to the treasurer in the King's name. Moreover, the " laidyn- naris and trausportaris " of the said goods shall l)e committed toward and retained therein till the King's will towards them be declared, {^i'g- P. C. of Scot., vol iv. pp. 589-90.) 31st Dec. 1591. — Complaint by Alexander Loury, merchant, burgess of Edinburgh, as follows : — The provost and bailies of Edinburgh, having been called before the King and Council at his instance, for intro- mitting with eight score and seventeen bolls of wheat belonging to him, which he had intended to export, conform to the licence granted to him, had been ordained " to cans the same victuall be girnellit in sum sellair in Leith quhill tryale wer tane quhidder the said Alexander had transcendit the previlege of the said licence or nocht. ..." The Lords, after con- sidering the allegations of both parties, together with the said licence and with the proclamation discharg- ing the exporting of victual, ordain the defenders to restore so much of the said victual as is extant, " un- sparallit or disponit upoun," to the said Alexander, " to be usit be him according to his Majesteis directioun to be gevin thairanent." (Jief/. P. C. of Scot., vol. iv. p. 708.) LEITH AND ITS ANTIQUITIES il5 Holyrood House, 5tli June 1592. — The Parliament that met on 5th June 1592 ratified an Act of the Privy Council " in favouris of the laird of Bass, Mr. [afterwards Sir] George Lauder," but also for the preservation of the solan geese and other wild l)ird3 which make the Bass Eock their resort. Fishermen with baited hooks caught these birds for the sake of their feathers. To prevent their depredations, this Act of Parliament empowers magistrates of the different burghs to convict oflfenders, and orders proclamation to be made at all the ports on the east coast, including "the townis and heavynis of South [Queens] ferrie, Cramond, Leith." {Acts of Parlt. of Scot., vol. iii. p. 615a.) At this time [1595] there came victual out of other parts in sic abundance, that betwixt the 1st of July and the 10th of August there came into Leith tln-ee score and six schips laden with victual ; nevertheless, the rye gave £lO, 10s. and £11 the bolL {Dam. An. of Scot., vol. i. p. 266.) The above formed the lintel of a doorway of an old house in St. Andrew Street, and was placed above the window of the dwelling which replaced it. The shield bears the arms of the builder and his wife, and on each side are their initials. 516 HISTORICAL NOTES CONCERNING CHAPTER XXXVII FEUDS AMONGST THE NOBILITY — THE EARL OF BOTHWELL A SOURCE of great annoyance to the King were the deadly feuds amongst the nobility and gentry, of which there occurred about this time several instances. Enmity, for example, existed between the Siuclairs of Caithness and the Earl of Orkney and his dependants. The present earl was a cousin of the King, against whom he attempted to set up an independent sove- reignty in the island, which he ruled like a despot. AVise laws had at last been framed for the prevention of these outrages, which had become so general. The earl was bound over to keep the peace. A Leith bailie is one of those who gives caution for his good behaviour. " Registration by Mr. Johnne Prestoune, advocate, as procurator for the parties, of band, as follows : — Robert, Earl of Orknay, having been charged to find lawburrows for the indemnity of Hew Sinclair, under a penalty of 6000 merks, the said Earl, and Patrik, Master of Orknay, his son and apparent heir, James Stewart of Gryrasay, his natural son, and Williame Halcro of Acris, become sureties to keep Williame Menteith, bailie of Leith, and James Menteith of Salt- coittis, skaithless in the premisses. Subscribed at LEITH AND ITS ANTIQUITIES 517 Kirkwall, 7th September, before Mr. John Dishingtown, Johnne Cavertoun, Magnus Hurstane. " 7th Oct. 1590.— Caution in 600 merks by Williame Forrester, indweller of Leith (Williame Meinteith, bailie of Leith), and James Meuteith, of Saltcoittis, for Robert, Earl of Orknay, that he will not harm Hew Sinclair, of Burghs, in Zetland." {Reg. P. C. of Scot., \o\. iv. pp. 538-39.) A more notable feud was that wdiich subsisted between the Earls of Murray and Huntly. An account has already been given of the grant that was made by Queen Mary to her half-brother, of the title and lands of IMoray, which were then in the possession of the late Earl of Huntly. This donation was, doubt- less, the origin of the enmity between the two fami- lies ; but a Gordon having been killed by a shot from Murray's castle of Darnaway, was the occasion of the renewal of the feud, since it furnished a sufKcient motive for taking vengeance. By the intervention of Lord Ochiltrie, Murray came south to his house of Dunni- brissle in Fife, with a view to a reconciliation with Huntly. Murray was then lying under an accusation of having assisted or countenanced Both well in one of his recent treasonable exploits. Under colour of executing a commission from the King for the capture of Murray, Huntly gratified his private revenge, surrounded the house of Dunnibrissle, burnt it to the ground, and slew Murray himself [8th Feb. 1591-92]. "1591, Feb. 9.— 'The Earl of Moray's mother, accompanied with her friends, brought over her son's and the sheriff of Moray's dead corpse, in litters, to Leith, to be brought from thence, to be buried in the aile of the Great Kirk of Edinburgh, in the Good Regent's tomb, and, as some report, to be made first 518 HISTORICAL NOTES CONCERNING ii spectacle to the people at the Cross of Edinburgh ; but they were stayed by command of the King. Captain [John] Gordon [a brother of the Laird of Gicht] was left for dead at Dunnibrissle ; his hat, his purse, his gold, his weapons, were taken by one of his own company ; his shanks [stockings] were pulled off. He was taken in by the Earl of Moray's mother, and cherished with meat, drink, and clothing. ... — Cal. " ' One of the King's friends, Lord Spynie, hearing that Captain Gordon had been brought to Leith, got a warrant from the King to bring him to Edinburgh Castle.' — Moy." (Dom. An. of Scot, vol. i. p. 2.32.) On few of his courtiers had James lavished so many honours as on his cousin, whom he had raised to the earldom of Bothwell, vacant by having been forfeited to the late earl, his maternal uncle, on account of his complicity in the murder of Darnley. He had been appointed next in rank to the Duke of Lennox in the government of the realm during the absence of the King in Norway. Yet Bothwell repaid this and other proofs of his sovereign's kindness by repeated and violent attempts at seizure of his royal person. By such acts did he hope to effect a change of government that would be advantageous to himself. The frequent insurrections of this turbulent nobleman was one of the great plagues of James's reign. Bothwell and all his adherents were attainted by the Parliament that met in 1592. "Edinburgh, June 5, 1592. — Ratification of the process of foirfaltour of Francis, sumtyme Erie of Bothwell," &c. Parliament ratifies sentence of for- feiture by his Highness's Justice-General and his deputies in the Justice-Court held at Edinburgh on LEITH AND ITS ANTIQUITIES 519 25th June 1591 against "Francis, sumtyme Erie of Bothuell," &c. "The quhilk clay (24th May 1589) francis erle bothuell, lord creichtoun and hailles, &c. Being presentit on pannell in presence of the said justice-deputes, and being dilatit and accusit be dittay for raising of men of weir, convocation of our soverane lordis lieges, broken men, borderaris (and as he allegit pleges for staying of the trouble of the bordoris) at dalkeyth, and bringing of thame to leyth, and also for subscriptioun of ane band in sa far as it is contrair the law and actis of parliament Become in our soverane lordis mercie and will thairfoir. And als being put to the knawlege of ane condigne assyise of the Right honorable personis underwrittin. As dilatit and accusit of the crimes underwritten was be thair deliverance Pronunceit and declairit be the mouth of the said Williame erle of angus, chancellare of the said assyse to be fylit, culpable, and convict of airt, pairt, red and counsall of convocatioun of the kingis lieges, his assistaris and partakeris, and cuming to the quarrell hoillis in marche or april last was for altering of the present estait. Upoun the qlk. con- victioun by the foirsaidis personis of assyise Dome wes pronuncit in ane court of justiciarie haldin the tolbuyth of Edinburgh the xxv day of Junij, the zeir of God jni v'' fourscoir ellevin zeiris. The quhilk day comperit Mr. David Makgill of Cranstoun-riddell, advocate to our Soverane Lord, and producit our Soverane lordis warrand, subscrivit be his hienes, and desirit the samyn to be insert and registrat in the buikis of adiornal, and Dome to be pronuncit upoun frances, Erie both- well, Lord creichtoun and hailles, &c. Quhairof the tennour followis, ' at Edinburgh the twenty-five day 520 HISTORICAL NOTES CONCERNING of Junij, the zeir of God, j™ v'' fourscoir ellevin zeiris, fforsamekle as our Soverane Lord calling to mynd, etc. " ' Thairfoir our soverane lord ordanis his will to be declairit, and dome to be pronuncit furth aganis the said frances, Erie bothuell in maner and forme as efter foUowis. That is to say that he . . . has committit tressoun, and thairfoir that dome of foirfaltour sal be pronuncit aganis him. That he hes foirfalt lyff, landis, and guidis, To be applyit to his Majesties use, to be usit and disponit as his hienes sail think expedient. Subscrivit be our soverane lord, day, yeir, and place, foirsaidis.' " (Acts of Parlt. of Scot., vol. iii. pp. 537-38.) The following are the proceedings that were taken at law against Bothwell's adherents : — " Leith, 1593. — Treason — Assisting Bothwell in taking Leith — Raid of Womet or Edmonstone-edge. "August 15. — Patrik Sleich, sumtyme in Birkinsyde. Dilatit of breking of waird, he being in Sir George Home's hous in the Cannongait ; and for the tresson- abill accumpaneing of Frances sumtyme Erll Bothwell; James Douglas, sumtyme of Spott, quhill thair cuming in to the Abay of Halyrudhous, in the moneth of Julij 1593 zeiris. — Item, for the assisting of the Erll Bothwell and Sir James Dowglas, at Leith and the Raid of Wowmet ; commit in Apryll Ixxxxiiij (1594). "The Aduocat producit theKingis Warrand to put the said Patrik Sleich to ane Assyse. The aduocat protestis for Willfull errour, in caise thay (the assise) acquit the said Patrik Sleich of the Dittay ; in respect of his awin Depositioune produceit, subscryuit be the Justice-Clark, the Aduocate's selff, and the Justice- Depute ; in the quhilk he confessis the cryme, albeit LEITH AND ITS ANTIQUITIES 521 he deny the samin now. The aduocat (also) desyris the warrand produceit be him, subscryuit be his Maiestie to be insert in proces ; quhairof the tenour foUowis. Aduocat, we greit zow weill. Forsamekle as we haue commandit our Justice, Justice-Clark and thair deputis to put Patrik Sleich, presentlie wairdit within our Tolbuith of Edinburghe, to ye knawledge of ane Assyse with all diligence, for his tressonabill being in cumpany and assisting of Frances, sumtyme Erll of Bothwell, att ye conflict att Edmestoun-edge. It is yairfore our will, and we command zow, that ze forme ane speciall dittay vpoun ye saidis crymes, and insist in persuit of him for ye same with all instances ; as ze will ansuer to ws vpoun zour otfice, kepand yir presentis for zour warrand. Subscryuit with our hand, att Falkland, the fyft of August, 1597, " {Sic subscribitur) James Rex. "Verdict. — The Assyse, be the mouth of James Lokert, elder, of Ley, Chancillar, Fand, pronunceit and declarit the said Patrik Sleich to be fylit, culpa- bill and convict ; forsamekill as he, in the moneth of Apryll, j" v" Ixxxxiiij yeiris, come tressonablie, in cumpany with Frances, sumtyme Erll Bothwell, and vtheris his cumpanie, to the number of iiij" personis, vnder Capitan and cornett, bodin in feir of weir, etc. to the toun of Leith, quhair thay tressonablie tuik the said toune, the Magistrates thairof, and Tolbuith of the samin, of purpois to half fortifeit the said toun ; and seeing his Maiestie come with ane number of his trew subjectis, to besedge thame thairin, thay drew thame selff furth thairof to the landis of Nudrie, quhair his Maiestie, with his cumpany, following, on horse and fut, thay tressonablie sett vpon thame and chaisit thame, tuik ane grit number of his trew Regis, 522 HISTORICAL NOTES CONCERNING liurt, and woundit aue vthir pairt thairof ; and swa, he committit oppin and manifest Tressoune. " Sentence. — For the quhilk ciyme, the Justice- depute ordanit the said Patrik to forfalt his lyffe, landis, and guidis, and to be tane to ane gibet att the mercat croce of Edinburghe, and thair hangit (|uhill he was deid : Pronunceit be William Gray, dempstar. "Leith, 1596. — (Curia Justiciarie tenia in Pretono Ville de Leyth, xj Fehruanj 1596, per Magistrum Jacohum Foullis, Justiciarium Deputatum. Asses- souris, (Walter Lord Blantyre) Thesaurer, (Andrew Stewart, third). Lord Ochiltre, (Sir John Skene of Curriehill) Justice Clerk, (Sir John Cockburn of Ormis- toun) Clerk of Register ; Sir Robert Meluill.) " Treason — Convocation of an unlawful Assembly, etc. "Feb. 11. — Robert Hamiltoune of Inchmauchan, Williame Kirkaldy of Grance, Sir James Edmestoun of Duntraith, elder, . . . Edmestoun younger of Dun- traith, and (James) Lokart of Leis, eldar. " Dilaitit of certane tressounabill crymes, committit be thame the xvij and xviij dayis of December (lastwas) aganis his Maiestie and his Counsalouris. " Persetvaris — " Mr. Thomas Hamiltoune of Drumcairne, aduocatc, Mr. Williame Hairt of Levelandis, advocate. " Prelocutouris for Robert Hamiltoune — " Mr. T. Craig, Mr. Johnne Nicolsoune, Mr. Johnue Russell, Mr. Alex. King, Mr. Johnne Dempstar." But this sentence of forfeiture served him only as a pretext for renewing his endeavours at a restoration LEITH AND ITS ANTIQUITIES 523 of himself to royal favour by the seizure of the King's person. On the 28th of June 1592, half a year after his first fruitless attempt on Holyrood House, he assailed the royal residence at Falkland. On that occasion, however, the King owed his safety to the vigilance of Sir Eobert Melvil and to the irresolution of Bothwell's associates. James, however, offered him a pardon if he pro- mised to leave the kingdom ; but he rejected these conditions with disdain, and renewed his attempts to seize his royal master's person. " 1593-94, Feb. 19. — The King had scarcely seen his wife out of the perils of child-birth when he was obliged to come to Edinburgh to take measures against the Earl of Bothwell, who was now breaking out into open rebellion. Fearing to live in Holyrood House, which had already been twice broken into by the turbulent lord, he took up his quarters in ' Eobert Gourlay's lodging ' within the city. "13th March — . . . 'being Sunday, his majesty came to Mr. Robert Bruce's preaching [who] said to his majesty that God wald stir up mae Bothwells nor ane (that was, mae enemies to him nor Bothwell) if he revengit not his, and faucht not God's quarrels and battles on the papists, before he feucht or revenged his awn particular.' — Bir. " 3rd April 1594. — The King ' came to the sermon, and there, in presence of the haill people, promised to revenge God's cause, and to banish all the papists ; and there requested the haill people to gang with him against Bothwell, wha was in Leith for the time. The same day the king's majesty rase, and the town of Edinburgh, in arms. The Earl of Bothwell, hearing that his majesty was coming down, with the town of 524 HISTORICAL NOTES CONCERNING Edinburgh, rase with his five hundred horse and I'ode up to the Hawkhill, beside Lesterrick(Restalrig), and there stood till he saw the king and the town of Edinburgh approaching near hiin. He drew his company away through Duddingston. My Lord Home followed till the Woomet, at whilk place the Earl of Both well turned, thinking to have a hit at Home ; but Home Hed and he followed, yet by chance little blood. . . .' — Bir." (Dom. An. of Scot, vol. i. p. 255.) Bothwell, being thus baffled, betook himself to his usual lurking-places in the north of England ; but Elizabeth, in compliance with James's remonstrances, obliged him to quit his retreat. Abandoned by Eliza- beth on account of his confederacy with the Catholic earls, excommunicated by the General Assembly for the same reason, and deserted by his own followers, he was obliged to fly to the Continent, and in Italy led a life of debauchery, and ended it in poverty and obscurity. In the end of May 1590 the Danish commissioners and nobles who had accompanied their young princess to Scotland, took leave of the Scottish monarch and returned to Denmark. They must have carried back to their country a very favourable report of James's hospitality, for in March 1598 the Queen was visited by her brother, the Duke of Holstein. The Danes were fond of revelry, and, if the testimony of King James is to be believed, "could beat the Scots to nothing" in the matter of drinking. The arrival of the Duke threw the Scottish Court into a whirl of pageantry and intoxication ; but James, as a natural consequence, suffered both in his privy purse and in his digestion, and it was now time that his ducal relative should hasten his departure. LEITH AND ITS ANTIQUITIES 525 "1598, June 3.—' The Duke of Holstein took his leave of the King and Queen, and shipped at Leith, having got great propines [gifts] ; to wit, a thousand five-pound pieces, a thousand crowns, with a hat and a string valued at twelve thousand pounds, besides other rich chains and jewels.' — Pa. And. ' To his bonalley, sixty shot of ordnance shot ofi" the bulwark of Leith.' —Bir." {Dom. An. of Scot., vol. i. p. 298.) o - « I 1-4 S c - 'J. s « ■■; w f 0! APPENDIX APPENDi:^ No. 1 Charter by King Robert the First, under his Great Seal, to the Bur- gesses of Edinburgh, of his Burgh of Edinburgh, with the Port of Leith and other appurtenances. Cardros, 28th May 1329. Robert by the Grace of God King of Scots, to all good men of all his land, greeting. Know that we have given, granted, and to feu- ferm let, and by this our present charter confirmed, to the Burgesses of our Burgh of Edinburgh, our foresaid Burgh of Edinburgh, together mth the Port of Leith, mills, and others their pertinents. To have and to hold to the said Burgesses and their successors, of us and our heirs, freely, quietly, fully, and honourably by all their right meiths and marches, with all the commodities, liberties, and easements which justly pertained to the said Burgh in the time of King Alex- ander, our predecessor last deceased, of good memory: Paying therefor the said Burgesses and their successors to us and our heirs, yearly, fifty-two marks sterling, at the terms of "^Tiitsunday and Martinmas in winter, by equal portions. In witness whereof we have commanded our seal to be fixed to our present charter. Witnesses, Walter of Twynham our chancellor; Thomas Ranulph, Earl of :Moray, Lord of Annandale and Man, our nephew ; James Lord of Douglas ; Gilbert of Hay our constable ; Robert de Keth our marischall of Scotland, and Adam :More, knights. At Cardros the twenty-eighth day of May, in the twenty-fourth year of our reign. No. 2 Grant by Sir .Robert Logan, Lord of Lestalryk, to the Community of Edinburgh of certain rights in and near the town and lands of Leith. Edinburgh, 31st May 1398. To all who shall see or hear this writing, Robert Logan, knight, lord of Lestalryk, wishes eternal salvation in the Lord : Know ye 627 528 APPENDIX that, having considered the good deeds, succours, and continuance of regard and favour of honourable men, and my neiglibours the Burgesses and Community of the Burgh of Edinburgh, I have given, granted, and, by this my present writing, have confirmed to the said Burgesses and Community full power, faculty, and license of digging, casting, and carrying away my earth and sand lying upon the bank or shore of Water of Leith, and anywhere near that they may con- sider necessary for their undertaking, for enlarging, lengthening, and constructing their port of Leith when and where they please, and for placing and making a bridge over the said Water of Leith, upon and within my land there, wherever it shall seem to them most expedient ; and that the said Burgesses and Community foresaid, and others whatsoever, arriving at the said port with their ships and vessels, may place and affix the anchors and other tackling of their ships and vessels wherever they may consider necessary and proper on my land beyond the said port, without stop, impediment, contra- diction, accusation, or demand of nie, my officers, heirs, and assignees whatsoever : And for the more free and easy entry to the foresaid port, and going forth of the same, I have given, and granted, and, by the tenor of the present writing, give and grant for me my heirs and assignees to the foresaid Burgesses and Community of the Burgh of Edinburgh, my common roads, paths, and passages whatsoever, through the lands of my barony of Lestalrik and town of Leith, leading to the foresaid port, together with full power and liberty to make use and construct other new roads in length and breadth sufficient to them for their accommodation and use wherever they or their successors please through my barony of Lestalrik and town of Leith, to their foresaid port of Leith ; excepting and excluding only the arable lands, meadows, and my rabbit warren, where the same now exists and lies, namely, from the pavement and east side of a certain wide road leading from the east side of the town of Leith to the sea : Moreover, by the tenor of the present writing, I give and grant to the foresaid Burgesses and Community of the foresaid Burgh of Edinburgh for me, my heirs and assignees, full license, liberty, and faculty to lead and carry all their goods wherever they will upon my lands, and these and all other goods of their merchants upon my said lands, to place, set down, receive, and carry away ; and the same from thence by their servants, to lead, load, unload, and disembark from ships and other vessels whatsoever without any stop, impediment, or contradiction : To hold and to have the foresaid ways, paths, and passages, as also the licenses, powers, liberties, and faculties aforesaid. APPENDIX 529 to the foresaid Burgesses and Community, and tlieir heirs and suc- cessors heritably for ever, in length and breadth, as freely, fully, honourably, well and in peace, as any highways, paths, and passage, as also liberties, licenses, and faculties within the kingdom of Scot- land, are held, given, granted, or given in feu of our Lord the King or of any other person whomsoever, or can in any way be freely, well, quietly, wholly, and peacefully held, given, granted, or given in fee : Renouncing for me, my heirs and assignees for ever, the keeping of taverns for wine, the grinding of bread for sale, the hold- ing and keeping of shops for merchandise, of girnells for victual, and all other things which are against the liberties and customs of the foresaid Burgh, so that neither I, the foresaid Robert, my heirs or assignees, nor any in our name or behalf, shall in any way keep, or shall cause to be kept by others, or permit to be held, the said taverns for wine, grinding of bread for sale, shops for merchandise and girnells for victual, within the foresaid town and land of Leith or thereabout, in any manner of way in time coming : I promise, moreover, in good faith, to keep and observe my said grant in all things, in the manner, form, and effect as aforesaid, and in all things to cause it to be observed, maintained, and defended by others according to my knowledge and power, without deceit, fraud, ex- ception, guile, and evil imagining whatsoever : And I, the foresaid Robert Logan, my heirs and assignees, shall warrant, acquit, and for ever defend the said roads, paths, and passages, as also the liberties, powers, faculties, and licenses aforesaid to the said Burgesses and Community, and their heirs and successors, against all mortals : And if it shall happen that I, my heirs or assignees, or any other or others in our name or behalf, do anything openly or secretly, or contradict or commence a suit in court or without against all or any of the premises may which never happen, I oblige me my heirs and assignees, and others whomsoever, contravening, or commencing a suit, in one hundred pounds of sterlings to be levied, taken, and received by the said Burgesses and Community, in name of damages, expenses, and labours ; and in one hundred pounds of sterlings to be applied to the fabric of the church of St. Andrews, in name of penalty, before the commencement of any suit or plea, the present writing always remaining in force, subjecting ourselves in these matters, if the case should happen, may which never be, to the juris- diction and rule of the lord bishop of St. Andrews, or his official who may be for the time : In witness whereof my seal is appended to the present writing, and for the greater proof hereof I have VOL. I.— 34 TiSO APPENDIX urgently procured to be likewise appended the seal of another noLle and powerful man, and my dearest cousin, Sir William of Conynghani, knight, lord of Kylmawrys : At Edinburgh the last day of the month of May, in the year of our Lord one thousand three hundred and ninety-eight. No. 3 Accounts of Custumars from 1390 to 1406. ("Account of Adam Forester and William jS^aper, custumars of Eurgh of Edinburgh given in at Perth, 13 Feb. 1390.) " Cliarge. Custom of 6 score and 9 lasts, 2 sacks, 10 st. wool (£1723, 4s. 5^d.) in 17 ships at port of Leith, 8 lasts, 7 sacks, 15^ at wool (£29, 4s. 3|d.) in 6 ships, 10,775 woolfells (£71, 15s.) in 17 ships, and 30 lasts, 9 dacres, 5 hides (£81, 5s. 4d.) in 14 ships; £1905, 9s. Id." (£.<•. Rolls, vol. iii. p. 219.) ("Account of Walter de Tulach, the second deputy of Robert, Earl of Fife and Menteith, Chamberlain of Scotland, 1390.) " Dm-harge. . . . And paid to Richard de Barde, Clerk of Liver- ance to the King's household, in corn and malt bought at Leith, towards the expenses of the King's household, the same clerk acknow- ledging receipt on the account and also by royal letters of command directed to Walter the accountant, £17." {Ex. Rolls, vol. iii. p. 243.) (" Account of Adam Forester and William Kaper, custumars of Burgh of Edinburgh given in at Perth, 15 March 1391.) "Charge. Custom of 134 lasts, 10 st. wool in 21 ships and a boat at port of Leith (£1787, 4s. 5id.)." (Ex. Rolls, vol. iii. J). 247. (" Account of Adam Forester, etc., given in at Perth, Friday, 24 Jan. 1392.) " Cliarge. Custom of 161 lasts, 5 sacks wool in 22 ships and a boat at Leith (£2153, 6s. 8d.), of 20 lasts, 1 sack 10 st. wool of England in 10 ships at i a mark the sack (£67, 2s. 9^d.), of 2 lasts, 5 sacks, 18^ st. wool of Melrose in 6 ships and a boat at 20s. the sack (£25, ISs. 5Jd.)." {Ex. Rolls, vol. iii. p. 283.) APPENDIX 531 ("Account of Adam Forster and AVilliam Xaper, given in at Perth, 18 ^larch 1393.) "Cliarge. Custom of 186 lasts, 5 sacks, 13i st. wool at port of Leith in 28 ships and a boat (£2487, 8s. 4d.), 27,691 woolfells (£184, 10s. Id.), and 42 lasts, 5 dacres, 3 hides (£112, 14s. 2d.) in said ships ; £2784, 12s. 7d." {Ex. RolJ>>, vol. iii. p. 320.) ("Account of Adam Forester, etc., Perth, 29 March 139-5.) " Cliarge. Custom of 136 lasts, 4 sacks, \~\ st. wool in 23 ships and 2 boats at port of Leith (£1819, 12.s. 9|d.), 24,.515 woolfells (£163, 8s. 4d.) in said ships, and 3.5 lasts, 6 dacres, 2 hides (£94, 3s. 2id.) in 20 of said ships ; £2077, 4s. 4cl" {Ex. Rolls, iii. p. 351.) (" Account of Adam Forester and William Xaper, custumars of the Burgh of Edinburgh given in at Perth, 17 April 1396.) " Custmn of 146 lasts, 8 sacks, 18| st. wool in 29 ships at port of Leith (£1958, 7s. 3d.), 2 lasts, 6 .sacks, 16 st. wool of England in 3 ships (£8, 17s. 9id.), besides custom of 6 lasts, 4 sacks of wool of England bought for the use of the King, as appears by the letters of the King under his Privy Seal [and] shown with the account, 27,993 woolfells (£186, 10s. 4d.) in said ships and a boat, and 36 lasts, 3 dacres, 1 hide in said ships (£96, 8s. 3id.) ; £2250, 3s. 8d." {Ex. Rolls, vol. iii. p. 378.) ("Account of Adam Forster, etc. . . . Perth, 26 May 1397.) " Cliarge. Custom of 106 lasts, 8 sacks, 17^ st. wool in 25 ships (£1424, 19s. 5|d.), 5 lasts, 1 sack, 10 st. wool of England, at 2 marks, in 5 slaips (£17, 2s. 9id.), 37,681 woolfells in 22 ships and a boat (£251, 2s. 4d.), and 43" lasts, 11 dacres, 5 hides (£116, 4s.) in 19 ships and a boat, all at port of Leith; £1809, 8s. 7d." {E.,: Rolls, vol. iii. p. 408.) ("Account of the bailies of Crail, Perth, 1 June 1397.) " Discharge. . . . And allowed for eleven thousand herrings sent to Leith and delivered to John of Fersithe, burgess of Edinburgh on the part of the King at the risk of the bailies rendering their account with all their expenses included, £2, Is. 2d." {Ex. Rolls, vol. iii. p. 423.) (" Account of Adam Forster, etc Perth, 26 April 1398.) 532 APPENDIX "Charge. Ai-rears, £11, 4s. lid. Custom of 5 score and 4 lasts, 1 sack, 2i st. wool (£1388, 2.s. 9^d.) in 28 sliips, 34,586 woolfells (£230, 9s. 7d.) in 25 ships, and 45 lasts, 19 dacres, 7 hides (£122, 12s. 6id.) in 18 ships at port of Leith, and of 6s. 8d. arising from custom of 60 woolfells conveyed in one ship during the course of the account and omitted in the sum of hides in the above account. Total charge with arrears, £1752, 16s. 6d." {Ex. Rolls, vol. iii. p. 436.) ("Account of the bailies of the burgh of Crail, 29 April 1398.) "Discharge. . . . And allowed for eleven thousand herrings sent to Leith and delivered to the bailies of Edinburgh towards the expenses of the royal household and for all the expenses made in regard to the said herrings, xlvs. vd." {Ex. Rolls, vol. iii. p. 450.) ("Account of Adam Forester, etc. . . . Edynburgh, 5 May 1399.) " Charge. Custom of 66 lasts, 23^ st. wool in 19 ships at port of Leith (£881, 6s. l^d.), 14,200 5 score and 8 woolfells (£95, 5s. 4d.) in 17, and 32 lasts, 3 dacres, 8 hides (£85, 16s. lOd.) in 16 of said ships; £1062, 8s. 3id." {E.c. Rolls, vol. iii. p. 470.) ("Account of Adam Forster, etc. . . . Edynburgh, 11 May 1400.) "Charge. Custom of 73 lasts, 4i st. wool (£973, lis. 8d.) in 17 ships at port of Leith, 6082 woolfeUs (£40, 9s. IJd.) in 13, and 31 lasts, 15 dacres, 8 hides (£84, 15s. 6d.) in 12 of said ships; £1098, 16s. 3id." {Ex. Rolls, vol. iii. p. 486.) ("Account of Adam Forster, etc. . . . Perth, 31 May 1401.) " Charge. Custom of 63 lasts, 3 sacks, 16i st. wool (£8844, Is. 4d.) and 15,500 5 score and 17 woolfells (£103, 19s. 8d.) in 17 sliips, a farcosta, and a boat, and 57 lasts, 6 dacres, 5 hides (£152, 17s. 4d.) in 21 ships, a farcosta, and 2 boats at port of Leith; £1101, 15s. 4d. Custom of 50 sacks wool of Abbot of Melrose, £66, 13s. 4d. Sum, £1168, 8s. 8d. {Ex. Rolls, vol. iii. p. 514.) ("Account of Adam Forster, etc. . . . Aberdeen, 4 July 1402.) " Charge. Arrears, £29, 6s. 8d. Custom of 31 lasts, 2 sacks, 14 St. wool (£416, 15s. 7d.) in 14 ships, 9977 woolfells (£66, 8.s. 7d.) in 15 ships, and 48 lasts, 6 dacres, 4 hides (£128, 17s. Id.) in 14 APPENDIX 533 ships at port of Leith ; £612, Is. 3d. Custom of 50 sacks wool of Abbot of Melrose, £66, 13s. -Id. Sum, £708, Is. 3d." {Ex. EoUs, vol. iii. p. 542.) ("Account of Sir Adam Forster, knight, etc. . . . Perth, 13 June 1403.) " Cliavge. Custom of 26 lasts, 3 sacks, 7 st. wool (£351, Is. IJd.) in 11 ships and 2 boats at port of Leith, 3265 woolfells (£21, 13s. lid.) in 9 of said ships, and 33 lasts, 7 dacres, 3 hides (£62, 6s. 2d.) in same ships; £435, Is. 2id." {Ex. Rolls, vol. iii. p. 564.) ("Account of Sir Adam Forster, knight, and "William Xaper, custumars of Burgh of Edinburgh given in at Perth, 2 July 1404.) " Charge. Custom of 31 lasts, 6 sacks, 11 st. wool (£421, 19s. 5d.), 4061 woolfells (£29, 13s. 5|d.) in 13 ships, and 32 lasts, 5 dacres, 8 hides (£86, 2s. 2d.) in some of said ships at port of Leith ; £537, 15s. Oid." {Ex. Rolls, vol. iii. p. 590.) ("Account of Sir John Forster, knight, and Alan de Farnyley, custumars of tlie Burgh of Edinburgh given in at Perth, 18 March 1405.) "Charge. Custom of 82 lasts, 9 sacks, 19^ st. wool (£1106, 8s. 4d.) in 16 'ships and 4 boats at port of Leith, and 8017 wool- fells (£53, 8s. 7d.) and 43 lasts, 12 dacres, 7 hides (£116, 7s. 2d.) in 14 of said ships; £1276, 4s. Id." {Ex. Rolls, vol. iii. p. 617.) (" Account of Sir John Forster of Corstorfyne, knight, and Alan de Farnyle, custumars of the Burgh of Edinburgh given in at Perth, 17 March 1406.) " Cliarge. Custom of 64 lasts, 7 sacks, and 8 st. wool (£863, 23. 3d.), and 9042 woolfells (£60, 4s. 8d.) and 34 lasts, 1 dacre, and 9 hides (£90, 18s. 5d.), and 6 hides (14s. ll^d.) in 12 ships and 2 boats at port of Leith." {Ex. Rolls, vol. iv. p. 17.) (" Account of Sir John Forster of Corstorfyne, knight, and Alan of Farnyle, etc. . . . Perth, 16 March 1407.) " Charge. Arrears, £23, 5s. 2id. Custom of 83 lasts, 7 sacks, 21 St. wool (£1117, 3s. 4d.) in 12 ships and a boat at port of Leith, 534 APPENDIX 11,30-1 woolfells (£75, 7.«. l^d.) in said ships, and 17 lasts, 8 dacres, 8 hides (w£46, lOf. 2d.) in 9 of said ships, besides 324 woolfells and 10 dacres, 5 hides (£3, 10s. 8d.) omitted in said charge. Sum, £1265, 16s. 6d." (E.c. Rolls, vol. iv. p. 41.) ("Account of Sir Jolin Forster, kiiii^'ht, etc., Pertli, 13 -May 1409.) " Ohanjc. Arrears, £112, 10s. lOid. Custom of 92 lasts, 9 sacks, and 23 st. wool (£1239, 18s. lid.) in 16 sliips at port of Leith during course of account, and 14 sacks of wool of England, wliich wool, it was sufficiently proved by the invoice, liad been grown in luigland (£4, 14s. 4d.) in 2 of the said ships, and 11,116 woolfells (£74, Is. 9d.) in 14 of said ships to said port during current account, and 21 lasts, 11 dacres, and 5 hides in 13 of said ships in said time. Sum of charge, £1373, lis. 4d. Total charge with arrears, £1486, 2s. 2id." (E.r. Rolls, vol. iv. p. 78.) (" Account of Sir John Forster, Knight, etc., given in at Perth (in the 17th July 1410.) " C'ltar(jc. Arrears Itrought forward from last account, as apjiears at the foot of the same, in addition to custom of 23 sacks of wool (if different kinds weighed in the year before this account, as there a|ipears; concerning which they received no custom, about which the Lord Governor of the realm must be consulted (£708, 2s. Id.), and of 117 lasts, 9 sacks, and 1 stone of wool in 19 ships at port of Leith during time of the account (£1522, Is. 1 Jd), and of 30 sacks of English wool at i merk the sack in some of the said ships by orders of the Lord Governor of the realm given by letters to the accountant, whicli wool it was sufficiently proved had been grown in the realm of England (£10), and of li,219 woolfells in the said ships (£74, 15s. 5id.), and of 14 lasts, 15 dacres, and 4 hides at the said port as above during same time (£39, 7s. 9d.). Sum of charge, £1696, 4s. 4d. Sum total of charge, with arrears, £2404, 6s. 5d." (Ex. Rolh, vol. iv. p. 114.) ("Account of Sir .John Forster, etc. . . . Perth, 8 June 1412.) " Charge. Custom of 206 lasts, 5 sacks, 19^ st. wool (£2754, 8s. 4d.) in 25 ships, and 23,563 woolfells (£157, Os. 4d.), and 75 lasts, 18 dacres, 1 liide (£202, 8s. 3 id) in some of said ships at port of Leith; £3113, 16s. ll.Ul. Sum, £3124, 15s. 5d." (Er. Rolls, vol. iv. p. 141.) APPENDIX 535 (" Account of Sir John Forstare, Knight, etc. . . . Perth, 1 July 1413.) "Charge. Cu.stom of 109 lasts, 7 sack.s, 23 st. wool (£1731, 18s. lid.), 11,582 woolfells (£77, 2s. 5Jd), and 19 lasts, 1 dacre, 3 hides (£50, 16s. lOd.) in 18 ships at port of Leith ; £1859, 18s. 2^d." {Ex. Rolls, vol. iv. p. 175.) (" Account of Sir John Forstare, Knight, etc. . . . Perth, 22 June 1414.) "Charge. Custom of 128 lasts, 9 sacks, 19 st. wool (£1719, 14s. 5id.) in 26 ships at port of Leith; 12,337 woolfells (£82. 4s. l^d.) and 19 lasts, 2 dacres, 8 hides (£51, Os. lOd) in some of said ships ; £1852, 19s. 5d." (E.r. Bolls, vol. iv. p. 200.) ("Account of Sir John Fostare, Knight, etc. . . . Perth, 25 June 1416.) " Charge. Custom of 131 lasts, 3 sacks, 10 st. wool (£1751, 4s. 5|d.) in 4 ships and several boats at port of Leith; and 33,690 woolfells (£224, 10s. 7d.) and 26 lasts, 19 dacres, 2 hides (£71, 17s. lOid.) in some of said ships; £2047, 12s. lid." (Ex. Rolls, vol. iv. p. 251.) ("Account of Sir John Forstare, Knight, etc. . . . Perth, 18 June 1417.) " Charge. Custom of 83 lasts, 7 sacks, 6 st. wool (£1116, 6s. 8d.) in 18 ships at port of Leith, and 20,804 woolfells (£138, 13s. 9|d.) and 30 lasts, 9 dacres, 2 hides (£81, 4s. 6|d.) in some of said ships ; £1336, 5s." (Ex. Rolls, vol. iv. p. 275.) (" Account of Sir John Forstare, Knight, etc. . . . Perth, 10 June 1418.) " Charge. Custom of 66 lasts, 8 sacks, 2 st. wool (£890, 15s. 7d.), 18,768 woolfells (£125, Os. lid.), and 30 lasts, 18 dacres, 3 hides (£82, 8s. lOd.) in 22 ships at port of Leith ; £1098, 5s. 4d." (Ex. Rolls, vol. iv. p. 298.) (" Account of Sir John Forstare, Knight, etc. . . . Perth, 26 July 1420.) " Charge. In year 1418, custom of 68 lasts, 2 sacks, 16 st. wool (£910, 4s. 5id.) in 14 ships at port of Leith, and 17,552 woolfells (£116, 19s. IJd.) and 50 lasts, 5 hides (£133, 8s.) on some 536 APPENDIX of said ships; £1160, lis. 7J. In year 1419, custom of 34 lasts, 9 sacks, 15 St. wool (£466, 3s. 4d.) in 5 ships at port of Leith, and 2400 5 score and 4 woolfells (£16, lis. 6Jd.) and 7 lasts, 14 dacres, 3 hides (£20, lis. 6d.) in some of said ships ; £503, 6s. i^d. Sum, £1663, 17s. lUd." (Ex. Rolls, vol. iv. p. 321.) ("Account of Sir John Forstar of Corstorfyn, Knight, etc. . . . Perth, 18 July 1421.) " Cliarge. Custom of 75 lasts, 7 sacks, 13 st. wool (£1010, Is. l|d.) in 16 ships at port of Leith, 12,120 woolfells (£80, 15s. 7d.) in some of said ships, and 39 lasts, 16 dacres, 9 hides (£106, 5s. Ud.) in said ships; £1197, Is. lOd." {Ex. Rolls, vol. iv. p. 340.) ("Account of Sir John Forstare, Knight, etc. . . . Stirling, 10 May 1425.) " Chanje. Custom of 105 lasts, 5 sacks, 20 st. wool (£1674, 8s. lid.), 26,600 5 score and 6 woolfells (£177, 18s. 5^d.), and 31 lasts, 7 dacres, 6 hides (£83, 13s. 7d.) at port of Leith, and of 2114 rabbit skins in some of the said ships for the same period (£1, Is. Id). Sum total of charge, £1937, 2s. Ohd." {Ex. Rolls, vol. iv. p. 380.) (" Account of Sir John Forstare of Corstorfine, Knight, and John of Turyne, custumars of Burgh of Edinburgh given in at Edinburgh, 28 April 1426.) "Charge. Custom of 129 lasts, 8 sacks, 22 st. wool (£2265, 4s. 5Jd.) and 38,200 5 score and 10 woolfells (£255, 5s. 6ld.) in 30 ships, and 36 lasts, 2 dacres, 1 hide (£96, 5s. 7d.) in some of said ships at port of Leith j £2616, 15s. 7d." {Ex. Rolls, vol. iv. p. 409.) (" Account of Thomas Smyth and John Clark, deputes of Sir Jolin Forstare of Corstorfyne, Knight, and of John Turyne, etc. . . . Dundee, 28 April 1428.) "Charge. Custom of 204 lasts, 6 sacks, 7 st, wool (£2728, 7s. 9Jd.) in 31 ships; and 45,136 woolfells (£300, 17s. 4d.), 90 rabbit skins (9d.), and 21 lasts, 6 dacres, 4 hides (£56, 17s. Id.) in some of said ships at port of Leith ; £3086, 2s. ll^d." {Ex. Rolls, vol. iv. p. 435.) (" Account of Thomas of Cranstoun and George of Lawedre, APPENDIX 537 custumars of the Burgh of Edinburgh given in at Dundee, 28 April 1428.) " Cliarge. Arrears (£59, 6s.), and of woollen cloth unlawfully taken from the said burgh, and also of salt unlawfully exported (£146, 17s. 5d.), which items in the account were specially ex- amined, and from the salvage of a certain ship burnt in the harbour of Leith and sold for the King's use (£-5, 10s.). Sum of this charge, £152, 7s. 5d. Total sum with arrears, £241, 13s. 5d." (Ex. Bolls, vol. iv. p. 439.) (" Account of WiUiam of Crawfurd and John of Waltoun, cus- tumars of the Burgh of Linlithen given in at Dundee, 5 May 1428.) " Cliarge. Custom of 41 lasts, 5 sacks, 14 st. wool (£554, 2s. 3d.), 9517 woolfells (£63, 8s. 6id.), and 31 lasts, 15 dacres, 2 hides (£84, 13s. Hid.) in 9 ships and several boats at ports of Blacnesse and Leith ; £702, 4s. 9d. Arrears, £81, 2s. Sum, £783, 6s. 9d. {Ex. Rolls, vol. iv. p. 449.) ("Account of the custumars of Edinburgh by Thomas Smyth and John Clerk, deputes of Sir John Forestar of Corstorfin, knight, and of John Turyn, custumars of the said burgh given in at Perth, 23 March 1429.)' " Charge. Custom of 156 lasts, 3 sacks, 1 st. wool (£2084, Is. lid.) in 33 ships at port of Leith ; 41,527 woolfells (£276, 16s. 4d.) and 34 lasts, 8 dacres, 3 hides (£91, 15s. 6d.) in some of said ships ; and within said burgh, bought and brought from the reahn to the same port for said time (£195, 2s. 4d.), and of salt bought and ex- ported from the realm at the same port (£17, 4s. Ud.), and of wine, woollen cloth, and other foreign wares entering the realm and sold at the said port (£42, 5s.). Sum total of charge, £2707, 4s. oid." {Ex. EoUs, vol. iv. p. 506.) ("Account of "WiUiam of the Exchequer and Thomas of Eoul, cus- tumars of Burgh of Aberdeen, given in at Perth, 23 March 1429.) " Discharge. . . . And by payment made to Thomas Chaumer, burgess of Aberdeen, for 1 pipe of wine, delivered in a ship of Aber- deen and received by the King's men-at-arms in Leith, when on the royal mandate an action was brought against Bartholomew Fut, Master Thomas Myrtoun certifying the allowance upon the account, £4, for which he will answer." {Ex. Rolls, vol. iv. p. 511.) 538 APPENDIX (" Account of Sir John Furestare of Corstortiii, knight, and of .lohn of Turine, etc. . . . given in at Perth, 6 May 1431.) " Charge. Custom of 5 score and 18 lasts, 2 sacks, 21 st. wool (£1577, 3s. 4d.) in 22 ships at port of Leith, and 23,622 woolfells (£157, 9s. 2d.) and 23 lasts, 6 hides (£61, 8s. 3id.) in some of said ships; and of woollen cloth brouglit from the realm (£241, 7s. 6^d.), and of white salt brought from the realm (£9, 12s. 8d.), and of wina and Engli.sh wares arriving at port of Leith (£50, 2s. 6d.). Sum total of charge, £2097, 3s. 6d." (i,V. Rolh, vol. iv. p. 540.) ("Account of George of Fouhi and John Sleich, custumars of the Burgh of Kirkcudbright given in at Linlithgow, 22 May 1434.) " Discharrje. . . . And by payment made to George of Foula for 30 ' wawis ' of iron bought by him and delivered at Leith and Lithqu, towards the King's Wark, as appears by royal letters of precept directed to the Auditors and .shewn with the account, £42." {Ex: Rolls, vol. iv. p. 558.) ("Account of Waiter Cockkirn and Jolin Nichol, custumars of the Burgli of Hadingtouu given in at Linlithgow, 29 May 1434.) " Chan/e. Custom of 18 lasts, 2 sack-s 15 st. wool (£243, lO.-^.), 9695 woolfells (£64, 10s. 7d.), 6 lasts, 4 dacres, 5 hides (£16, 12s.), and 380 rabbit skins (3s. 8d.) in 2 ships at ports of Aberlady and Leith ; and of woollen cloth bought within said burgh and exported from the realm during the time of the account (£326, 14.s. 6Jd. in old money ; in new, £392, Is. 5d.)." {Ex. RolU, vol. iv. p. 562.) ("Account of Jiihu Swift and Thomas of Berwick, custumars of the Burgh of Edinburgh given in at Linlithgow, 5 June 1434.) " Charge. Arrears, £66, 19s. 2^d. Custom of 5 .score and 10 hists, 9 .sacks, 23i st. wool (£1479, 19.s. 5id.), 54,099 woolfells (£360, 10s. lid.), and 41 lasts, 9 dacres, 8 hides (£110, 12s. lOd.) in 12 ships at port of Leith (£1951, 3s. 2Jd.). Sura, £2018, 2s. 5d. old money ; in new money, £2421, 14s. lOd." {Ex. Rolls, vol. iv. p. 573.) " Account of Walter of Cockburn and John Nichol, custumars of tlie Burgh of Hadingtoun given in at Stirling, 26 June 1435.) " Cliarge. Custom of 23 lasts, 2 sacks, 17 st. wool (£310, 6.s. 7d.), 6532"woo]fells (£43, 10s. 3d.), 6528 schorlings (£28, 8.s. 2 jd.), 8723 skaldings and futefells (£14, 10s. 8d.), 1412 rabbit skins and lentemware (14s. Id.), 4 lasts, 1 dacre, 4 hides (£10, 17s. Id.), and APPENDIX 539 woollen cloth (£2, I83. 2d.), in several ships at ports of Aberlady ami Loith; £411, 4s. Qid. old money; in new, £493, 8s. lOd." {Er. Rolls, vol. iv. p. 608.) ("Account of Thomas Berwic and John Swift, custumars of the Burgh of Edinburgh given in at Stirling, 16 July 1435.) " GliarerJoHSB Matiiksosk Alrxi- Wood Wm BROrNK w' my hand Dai'id Di'ff Joiink BrRS William Ramsay skipper William RrxiiKRFrRn 8kipi>er JAMR.S Ffbrie Alrxanper Uamsay J. Bkllrni>ks William Cbaio Patrik Scott Jamks Ciialmkb T. CoKBrBXK Hksderb Bad Abraham WAiciior WiLLIAME ALEXAXDER TllOMAS Ramsat Johse GiBsorxK skipper Ja-mrs Mwbiiall Joiixe Tiiomsox Robert BRors skipper llEXORiE Myrtos skipper Axdrow Waldie Sallamoxk Barkare mariner Jox Gilchrist Alkxb JIoRiworx Kraxces Home Hexrik Alexr Willem Dl'FP Walter Mortovn skipper Patrik Cowaxr Hew Lyall Patrik Ramsay James Jamyssoi'X J. Mkxteitii Dai'id Hay Joiixe Robesoi'x in^un Herci'les Ryciiik Thomas Wallace skipper Alexaxdkr Wariilaw At Leth the twelfth da;/ of the month of Seyii'iuher in the year of mir Lord 1596 and in the tliirtieth year of the reign of our most excellent and serene prince Janus the Sixth hij the grace of God King of Scots. The quhilk day being Sounday in presens of me notar publict and witnessis vndenvrittin comperit the inhabitantis of the said toun of Leith within the paroche kirk thairof quha wer than rcquirit be James Haj' reidar to remane efter the preching afoir none And being conuenit the said James Hay presentit and red the supplicatioun abone written in presens of the said is inhabitantis Quhilk supplicatioun foirsaid the saiilis inhabitantis thocht maist ressonabill and consentit to the samyn in all pointis Quhairvpoun Abrahame Waiichope in name of sessioun of the said kirk of Leith askit of me notar publict vnderwritten instrumentis ane or maa The premissis wer done within the said kirk of Leith about tuelf houris afoir none or thairb\' day yeir and place foirsaidis in presens of Johne Kyle Dauid Duffe induellaris in Leith and Archbald Maxvell notar publict witnessis specialie callit and requirit heirto. Ita est David Robksoun notarius publicus ad premissa Testante manu mea propria. APPENDIX 567 Secundo Decemhris 1596. The lords ordauis the maiser of counsell to pas and warne the haill tavernouris and venteris of wyne within the brucht of Leyth to com- pere personalie the njTit of this instant to heir the desyre of this suppli- catioun grantit or els schaw ane cans qiihy etc. M. J. Lindesat. Ajnid Hdlierudhous nono Decemhris 1596. The kingis maiestie and lordis of secreit counsell ordanis the niasair of counsall to pas and charge the prouest and bailleis of Edinburgh to compeir personalie before his hienes and the saidis lordis the xvi day of December instant to heir and see the desire of the bill grantit or ellis to schaw a cans quhy etc. with certifica- tioun etc. And in the meantyme the kingis maiestie and the saidis lordis gevis licence and libertie to the haill ventaris of wyne within the toun of Leith to vent and sell thair wynis notwithstanding ony discharge gevin be the saidis prouest and baiUies of Edinburgh on the contrair. James R. "Wpoun the xvi day of the moneth and yeir of God abone- specifeit I Alexander Douglas maiser past at command of the delyverans forsaid and warneit Alexander Home of Xorthberwik Alexander Huntar and Patrik Cochran twa of the bailzeis of Edin- burgh all personalie apprehendit to compeir before our souerane lord and lordis of his hienes prewie counsell vpoun the xvi day of this instant at twa houris eftirnone to the effect within contenit Eftir the forme and tennour of the ordnance abonewritten in all poyntis Quhairof I delyueritt Patrik Cochran for himself and in name of the proweist and remanent bailzeis ane copie And this I did before thir witnes Dauid Richartsoun and John Bell And for the mair witness- ing my signet is afixt. Xo. 19 Grant by King James the Second, under his Great Seal, authoris- ing certain taxes or tolls to be uplifted at Leith during his pleasure. 25th September 1445. James by the grace of God King of Scots : To all and sundry our lieges and subjects and others whomsoever, of whatever nation they be, bringing ships or vessels or boats, great or small, to the Port of Leith, greeting : Know ye that for the common good and 568 APPENDIX public use, and also for the safety and security of ships and goods entering the said port or road of Leith, where heavy and inestimable damages by shipwecks frequently occur and hajjpen from the want of repair, we have enacted and ordained, with consent of the Burgesses and Merchants of our Burgh of Edinburgh, that for the augmentation of the fabric and repairing of the said harbour there be taken and levied certain taxes or tolls from the ships vessels or boats entering the same, in the manner which follows in the common tongue :- — In the first, of ilk sarplare of well and skynis etc. as above. Wherefore we strictly command and charge all and singular above written that they keep and observe these ordinances and statutes as they are above written under all the pain which can follow in that part. In witness whereof, that these our letters endure during our pleasure, we have caused them to be made patent under our great seal, at P]dinburgh, the twenty-fifth day of the month of September in the year of our Lord one thousand four hundred and forty-five, and in the ninth of our reign. No. 20 Grant by King James the Second, under his Great Seal, to the Community of Edinburgh, in perpetuity, of certain taxes and rates from ships arriving at the Port of Leith. Edin- burgh, 4th November 1454. James, by the grace of God King of Scots, to all and sundry our lieges and subjects and others whomsoever, of whatever nation they be, bringing ships vessels or boats, great and small, to the road and port of Leith, greeting : Know ye that for the common good and public benefit, and also for the safety and security of ships and goods entering the said jwrt of Leith, where from want of repair serious and inestimable damages by shipwreck frequentl}' occur and happen, we have enacted and ordained, for us and our successors for ever, that, for the enlargement of the fabric, and for the repairing of the said port, there be raised and levied certain taxes or rates from all ships, vessels, and boats, great and small, entering therein, in the manner which follows in the common tongue : — In the first, of ilk sarplare of woll and skynnis etc. as above. "Wherefore we strictly charge and command all and sundry above written, our lieges, and subjects, and others whomsoever, of whatever nation they be, that APPENDIX 569 they keep and observe these ordinances and statutes as they are above written, and comply therewith, obey, pay, and observe the same to the Burgesses of our Burgh of Edinburgh, and their successors and collectors to be deputed by them, under all pain ■which can follow in that part : In witness whereof we have caused these our letters, under our Great Seal, to be made patent, to endure to our said Burgesses and their successors for ever : Witnesses, the reverend fathers in Christ, James, our dearest cousin, Thomas George, and Thomas, bishops of the churches of St. Andrews, Dunkeld, Brechin, and Galloway, our beloved cousins, William Earl of Orkney, lord of Saintclair, our chancellor, William, earl of Erole, and Lord Haye, constable of our kingdom, Thomas lord Erskyne, William lord SomerviUe, Laurence lord Abirnethy in Eothimay, John lord Lindessay of the Byris, Patrick lord Halys, William lord Borth\\ack, William Murray of Tulebardyn, and William Bonare, our comptroller : At Edinburgh, the fourth day of the month of November, in the year of God one thousand four hundred and fifty-four and in the eighteenth of our reign. Xo. 21 Indenture between the Burgh of Edinburgh and Sir James Logane, for maintaining and defending the freedom of the town. Edinburgh, 12th January 1454-5. This Endentur made at Edynburgh the xij day of .Januare the yere of our Lorde mncccc fyfty^-four yeris contenis proportis and beris witnes that it is accordit betuiz honorable and worthy men the Prouest Balyies Counsale and Communite of the Burgh of Edyn- burgh on the ta parte, and Sir James Logane knycht the inhabi- tantis and induellaris the toune of Leith on the tothir parte, for al the termes that the said Sir James sal haue the barounry of Lestal- rig in balyery and gouemance, that is to say that the said Sir James Logane sal manteine and defend the fredome of the toune of Edyn- burgh at al his gudely power. Item, that he sal manetene the officiaris of the tovne quhare euir thai happyn to be within the tovne of Edynburgh the barounry of Lestalrig or Leith, and alswa the balyies of the watter and al vther custumaris and ofiiciaris of the toune in thair office doand baith in the watter and vtouth. Item, quhare ony merchandice that is staple gude, or ony vthir 570 APPENDIX merchamlice that audit to >jo merkultit within tlic liurgh, is tappit and made nierchandice of within the toune of Dath in hurtyn of the fredomo of the P.urgh, he sal help the officiaris of the tonne and the n3'chtbouris to punj's and stanche it als aft as tliai i)as tliairto and chargis him to pas with thame, as wyne, sape, irne, lynnyn, clayth, lynt, tcr, walx, burdis, or sic like vther giulis as ancht to be made mer- cliandice of within the Burgh. Item, that he sal gif tham the best counsale that ho may gif he ne requirit thairupnn to the goucrnance of the fredomo and the worschip of tlie toune of Edynburgh and the commoun proffite thairof, and manetene the officiaris and the coun- sale of the toune in the execusion of justi(^e as said is ; amle the said Counsell and Communite of Edynburgh sal gif the said Sir James and the communite of the barounry of Lestalrig thair counsell help supple maneteneance and defence in like wis. Item, it is accordit as tuiching debates or discordis casuualy hapenand betuix ony man of the toune of Ivlynburgh or of the baruunry of Lestalrig, that gif the discord hapins in the toune of Edynburgh be ony man of tlie barounry of Lestalrig, the persoun of the barounry of Lestal- rig salbe fauorably arrestit and nonthir pittit na ill prisonyt hot lattyn fauorably to borgh, and than the Counsale of the toune of Edynburgh to send to Leth twa or thre persouns to folow and persew the defalt made to ony man of the toune of Edynburgh, and the said Sir James or his balyeis to do justice thairajwu but dissimulatioun ; and rycht .sa gif a man of Edynburgh faltis in to Leth he salbe arrestit in sohir manor as said is, and nocht bo ill pittit na prisonyt bot lattyn to borgh gif he has ony borowis, and gif he has nane he to bo kepit in sohir wis quhil the tovne may send for him, or oUis that he send him vp to the tovne with his aune officiaris and deliuir him to the officiaris of the tovne, and than the said Sir James sal cum or send and persew the defalt, and than the Prouost and Balyies to do justice and lawe withoutyn dissimulatioun as said is. Item, the said Sir James sal nouthyr lat pakkyn na pelyn be vsit in Leth, na nane vthir merchand craft, bot he sal lat it at al his gudely power, and he sal supple the officiaris in the executioun of justice tharapon quhen he be requirit. Item, that the said Sir James sal nocht i)Ut handis na tak na vitalis at the port of Leth bot be the deliuerance of the deliucraris of the tovne, the quhilk sal deliuer him as thai do the Prouost the Balyeis and the worthiest of the toune. And that al thir condiciouns salbe kepit bath the partis ar oblist. To the parte of this ondentur remanand with the said Sir James the commoune sele of cans is to APPENDIX 571 put, and to the parte of this endentur remanand with the said toune the'said Sir James sele is to sett the said day yere and place before ■writtyn. No. 22 Gift by King James the Third of certain duties of custom for repairing the Port and Haven of Leith. Edinburgh, 16th Xovember 1471. James, be the grace of God King of Scottis : To aU and sindrie oure liegis and subditis quhais knaulage thir oure lettres salcum, greting.''wit ye that we with the avis and deliuerance of oure Counsale for the commoun gude and proffit of cure merchandis and of aU personis oure liegis strangearis and vtheris cummand and reparand to oure port and bavin of Leith, and for the vphald reparatioun and bigging of the sammyn, has grantit and gevin and be thir oure lettres grantis and gevis to the Provest Balyeis and Communite of oure B- rgh of Edinburgh thir custumis and dewiteis vnderwritin to be raisit bruMt and joisit be thame and thare successouris in tyme to cum, that is to say : of ilk fery bot cummand inwart in oure said havin twa pennyis, and outwarde twa pennyis ; alswa of ilk bot chargit in the havin to pas to the rade twa pennyis ; and in likewis of ilk bot chargit in the rade and cummand in the havin twa pennyis ; alswa of ilk dreg bot and handlyne bot cum- mand in with fisch at thare incumming a penny, alswa of ilk gret lyne bot cummand in with fische at thare incummyn foure pennyis ; alswa of ilk stane bot lossand in the havin a penny. Quharefor we charge stratly and commandis al and sindri our liegis and subditis and in speciale the masteris and govemouris of the saidis botis that ye and ilk ane of you reddily intend ansuere and obey to the saidis Provest, Balyeis and Communite of oure said Burgh of Edinburgh and to thare successouris and to thare officiaris in the rasing vptakin and payin of the said custumes and dewiteis in tyme tocum, and that na man tak vppon hand to mak thaim letting or impedi- ment tharein vnder aU the heast pane charge and offence ye and ilkane of you may committ and incur again our :Majeste : Thir oure lettres with the saidis Provest Balyeis and Communite and thare successouris to remain and abide foreuer : Gevin vnder oure priue sele at Elinburgh the sextene day of Xouember the yere of God, I" iiij" sevinty and ae yere, and of oure regnne the xii yere. APPENDIX No. 23 Charter by King James the Third, imdcr his Great Seal, to tlio Burgh of Edinlnirgh, of customs from the harbour and road of Leith. Edinburgh, 16th November 1482. James, by the grace of God King of Scots : To all good men of his whole land, clerics and laics, greeting : Since no act of duty between man and man is recognised as more necessarily belonging to the obligation of benevolence than that we should bestow most on those by whom we are most beloved : Hence it is that wo, con- sidering with thoughtful mind, the fidelity, loyalty, love, goodwill, and cordial service which our beloved and faithful the present office-bearers of our Burgh of Edinburgh under written, namely, Patrick Baroun, provost, David Craufurde, Patrick Balbirny of that ilk, Archibald Todrik, bailies, John Foulare, dean of guild, Thomas Yare, treasurer, William Farnely, common clerk, John Napeire, Henry Cant, William Rynde, Andrew Cramby, Robert Bonkill, William Synclare, James Aikmon, William Turnoure, James Richardsone, Alexander Craufurde, Thomas Carketill, and Robert Folkart, councillors of the foresaid Burgh, and the whole community of the same Burgh, with our dearest brother Alexander Duke of Albany, Earl of March and of ^lar and Carviauch, lord of Annandale and Man, etc., have already providently rendered to us in liberating our person from imprisonment in our Castle of Edin- burgh, in which against the pleasure of our will we were held captive, exposing their persons to the great ri.sk of life, in besieging the said Castle with our said dearest brother, in consequence of which attack our royal person now rejoices in liberty : Wherefore and for the singular love which we have to the said Provost, Baillies, Clerk, Councillors, and Community, and for their gratuitous labours and services done and shown to us, we have given, granted, renewed, and confirmed, and by the tenor of our present charter give, grant, renew, and for us our heirs and successors for ever approve, ratify, and confirm to the said Provost, Bailie.s, Councillors, and Community, and their successors. Provosts, Bailies, Councillors, and Communities of the said Burgh for ever, the customs and moneys arising from the port of Leith, exactions, commodities, and rents useful to them, as well from the said port as from the roads of Leith, and from the foresaid Burgh, which they now peacefullj' APPENDIX 573 enjoy and are in possession of, and were wont to use and have enjoyed the same, as articulately set forth below in the common tongue, viz. : — " In primis ; that thai be fre for enirmare of all payment of custumys of salt and of schorlingis, skaldingis, futefellis, lentrinware, lambskynnis, tod skynnis, calf skynnis, cunyng skynnis, otteria et foulmertis skynnis, and that it salbe lefull to thame to sel and permute the salt and skynnis abouewritten to alienaris or strangearis, or ony vtheris that thai mak merohandice with custume fre, owthir to be payit be thame or be the strangearis ; exceppand the petit custume of the towne of Leith to the ressauouris thareof vsett of before tyme : Item, the bavin siluir of Leith of all maner of personis, fremen, vnfremen, and strangearis bringand or havand ony gudis in or out at the port of Leith : In primis, of ilk freman of all the Kingis burrowis of ilk serplaith wol or skynnis iii d, and of strangearis and vnfremen viii d, and of ilk ton of gudis of fremen iiii d, and of strangearis and vnfremen viii d, and of all vther sic like thingis, baith pok, pak, and barell, proporcionably ansucrand to the serplaith and to the ton : Item, of ilk last hidis of fremen xvi d, and of strangearis and vnfremen xxxii d, of ilk chaldir of come meil malt or salt of fremen iiii d, and of vnfremen viii d. Item of ilk chaldir of colis or lyme cummand in or gangand furth of the havin ii d, and of ilk ton of girnale gude of fremen iiii d, and of strangearis and vnfremen viii d. Item of fremen of vther burowis lyand ony gudis in Leith to haue away, to pay at the outpassing iiii d, and barell according thareto. Of ilk last of meil or hering viii d. Of ilk last pik ter ass or sic like gudis iiii d. Of ilk^hundreth burdis gestis tres bowstryngis plankis and siclike gudis viii d. Of ilk fercost that cummis in the havin xii d. Of ilk grete boit with victalis or vthir gudis vi d. Of ilk smal bate ii d. Of ilk ton of gudis said in Leith be fremen to fre or vnfremen passand outwart iiii d, of the byare the barel or barellis accordand thereto. And of ilk fery bait cummand inwart in the havin ii d, and outwarde ii d. Of ilk bait chargit in the havin to pas to the rade ii d. And sic like wise chargit in the rade agane to the havin ii d. Item of ilk drag boit and handlyne boit cummand in the havin with fisch at thare incummyng iiii d. And of ilk stane bait cummand and losand in the havin i d. And in like wise the men of Orknay and Cathnes and thare gudis payand sic like havin siluir : And attoure apon land in to Leith or within the watir, thir custumys to be payit vnder- writtin to the town of Edinburgh by the havin siluir; In primis 5 74 APPENDIX ilk barell of tar, pik, ass, or ony vtlier barell gudis said thare to vnfrftmen ii d. Of ilk layd of \Tiyeons, apillis, corne, buttir, cheis, or vthir gudis met, and said in Leith to vnfremcn to be had away i d., and of ilk laid vnmet i obi. Item of ilk laid of quhitefisch or hering cummand out of Leith i d., and of the i<= grete fisch as keling stokfisch, leyngis, salmound, and sic lyke fisch vnbaralit iiii d. Item of ilk pak of claith that cummis to the schore of vnfremen iiii d, and of ilk laid of salt met thare down i d. Of ilk grete geist or dormound said thare dovn i obi. Of smallare geistis iiii d of the dosane. Item of i'^ sperris viii d. Item of the hundreth widde of Oismond irne of vnfremennis cumand to Leith viii d. Item of ilk dakir of hydis cumand on land in Leith or to Leith of vnfremennis quharsumeuir ii d. Item of the hundreth skynnis wollin calfis, gaittis, kyddis, cunyngis or ony vtheris nocht payand custume in Edinburgh iiii d. Item all the tvm vydouris of gudis ventit or trmyt in the rade, having, or tovn of Leith, or to fillingis to be dewities to the tovn of Edinburgh : And attoure to be insert in this our saide charter the grete custumys and dewiteis that the thesaurare of the tovn reavis and takis of strangearis and vnfremen of schippis and gudis cumand in at the jjort of Leith and enterit in the tovnis bukis, togidder with the eschete of the sammyn quhare it bcis fundin vnenterit of ony \aifreniennis : In primis, of ilk last of barell gudis sic as pik ter meil ass or sic like gudis xvi d. Of ilk tvu wyne xvi d. Of ilk boit malvasy xii d. Of Eynch wyne, becaus of greit steikis of ilk crovn as it is bocht ii d. Item of the thousand irne ii s. Of the hundreth sail canves ii s, and of the grete canves of the crovne ii d. Of all dry mersory, merchandice, and costly gudis of ilk crovn ii d. Of a barell of saip, oley, buttir, vynagir, flesch, or tallone vi d. Of iik barell of vnyeans or apillis iiii d. Item of a pak of lynt contenand a last v s, iiii d. Of the hundreth tymmir, grete, smal burdis or dalie xvi d. Of the hundreth bowstryngis xvi d. Of a pak wald xii d. Of a tvn wad xiii s iiii d. Of ilk schip in generale of gudis ii bollis, ane behind the mast and ane vthir before to sanct Gelis werk. Item the anchorage of ilk grete schip singill or doubill forcastallit xiii s, iiii d. The secundare x s. The mydlest vi s viii d. The caum- feris V s. The quhilk strangearis and vnfremen sal pay for custume of thare gudis outward to the tovn. Of ilk chaldir of salt viii d. Of ilk chaldir of smethy colis vi d. Of ilk last hydis xxxii d. Of ilk sek woU and skynnis xvi d. Of a pak of claith viii d. Of a pak of cunyngskynnis, lambskynnis, otteris, toddis, foulmertis, and APPENDIX 575 sic like viii d. And nttoure that na maner of stapill giidis of strnngearis vcmano or be housit laiigaie in Leith eftir it be dischargit and losit than it may bo oaitit and hrocht to the tovn vndir the pane of esehote, and that tliai mak na nierkate in Leith vndir the si\mmyn pane to be takin and vsit be the saidis provest and bailyeis, for the tynie to tho tovnis vse : And in like wise that the sj\idis provi'st, bailyois, clovk, consalo, and ooninmnitt'C and thare siicces- souris bruke, jois and vse all vthir custumys lUid pviuilegis within the saide burgho Leith and watir according to the commoue law with thair watir courtis attaichiamentis, vnlawes and dewiteis sic like as thai and thare piodocessonris has had of befoiv with vse and wont. To hold, have and possess all and each of the customs, moneys, commodities, pi-otits, and liberties fon^said in all and by all asis above written, by the foresaid IM'ovosts, Bailies, Councilloi-s, and Community of our said Burgh of Edinburgh, and their successors, the Provosts, Bailies, Councillors, and Communities thereof, of us and our successors in fee and herit^igo for ever, freely, quietly, fully, wholly, honourably, well, and in peace, without any reservation or revocation whatever, or any sort of contradiction, of us or any of our successors to be made thereupon in any way ; Wherefore we firmly charge and command all and each of our lieges and subjei'ts, freemen and unfreemcn, and others whosoever of whatever nation they be, bringing and to bring ships, vessels, or boats, great and small, to the said port and roads of Leith, and travellers and others labouring and to labour at the said port, and all others whom it concerns, or shall concern, that they fulfil, keep and observe the foresaid regulations, make the foresaid payments of money, and promptly answer, obey, and perform the whule ]>remises to the foresaid Burgesses of our Burgh of Edinburgh, and their successors and collectors appointed and to be appointed by them, under aJl pain which they can incur towards the royal majesty of us and our successors. In witness wherof we have ordered our great seal to be appended to this our present charter, in favour of the foresaid Provost, Bailies, Councillors, and Community, and their successors to continue for ever : Witnesses, the reverend fathers in Christ, John, bishop of Glasgow, our chancellor ; James, bishop of Dun- keld ; our beloved uncles, Andrew, elect of ^foray, keeper of o\ir privy seal, John earl of Athole lord of Ealvany ; our beloved cousins, William earl of Errol lord Haye, constable of our king- dom, David earl of Craufurd lord Lindissay, master of our 576 APPENDIX household, James earl of Morton lord of Dalkeith, the venerable father in Christ, Archibald abbot of our monastery of Ilolyrood of Edinburgh, our treasurer, Thomas lord Erskin, William lord Abirnethy in Rothinay, William lord Borthwik, Masters Archibald Quhitelaw archdeacon of Lothian, our secretary, and Patrick Leich, canon of Glasgow, clerk of our rolls and register: At Edinburgh, the sixteenth day of the month of November, in the year of our Lord one thousand four hundred and eighty two, and in the twenty third year of our reign. Xo. 24 Crown Confirmation of Charter of Chaplaincy in St. Mary's, Leith. At Linlitugow 23 Sep. 1490. The King confirmed for mort- main the charter of Peter Falconer indweller of the town of Leith, by which with consent of Elizabeth his spouse for the souls' weal of James IIL, Queen Margaret, James IV., Robert Logan baron of Lestalrig etc. granted to the Chaplain and his successors that shall offer the Holy Sacrifice at the altar of St. Peter Apostle in the new Church of the Blessed Virgin Mary in Leith on the south side thereof — the annual rent of 13 merks furth of his land in the town of Leith on the south side of the Water of Leith upon le Leyis in the barony of Lestalrig, shire of Edinb. between the lands of the late James Wilson and Thos. Wilson and one room of the foresaid tenement with free ish and exit to the said chaplain ; also the annualreut of 133. 4d. furth of the said land for the upkeep of the vestments and ornaments of the said altar ; and the annualrent of 13s. 4d. from the said land for the yearly celebration of a Requiem !Mass with le Placebo and Dirige on the obit day of the said Peter Falcouar in the said church to be held in pure and perpetual alms — Witnesses Symon Logan, Pat. Fortoun, Walter Logan, Wil. Philop, James Philop, John BuUot, John Scot, Sir Thos. Dalrimple, chaplain, Adam Pettynnoun, Rob. Lamb. At Leith, 17 July 1490; — And on the same day the said Peter Falconar delivered heritable state and sasine to Sir William Yong, chaplain, xii. 259. (Beg. Mag. Sig., vol. 1424-1513, p. 414, No. 1972.) At Stirling, 8 July 1499. The King confirmed in mortmain the charter of Gilbert Edmonstoun indweller of the town of Leith [by which for the souls' weal of Eliz. Craufurde his spouse and others in APPENDIX 577 pure alms granted for the support of one secular chaplain that shall for ever celebrate at the altar in the Church of B. V. M. of Leith by himself de novo founded • — • the annualrent of 12 merks from the tenement of Wm. Malcolm burgess of Edinb. on the south side of the royal toun of Edinburgh between the lands of the late Hugh Bar Thomas Kirketill and the late Sir Walter Swift — Witnesses James Logan of Hateschaw, James Makkestoun, John Irwin, indwellers of Leith, Janet Mudy, burgess of Edinburgh, Patrick Barry, notary public, James Howysoun and Andrew Liber- toun. At Leith, 12 May 1499]. {Beg. Mag. Sig., vol. [1424-1514], p. 531, K^o. 2496.) No. 25 Crown Confirmation, dated 5th January 1493-4, of Charter of Foundation by the Abbot and Convent of Holyrood of a chapel at the end of the bridge at Leith, 18th July 1493. James by the Grace of God King of Scots to all good men of his whole land clergy and laity greeting Know ye that by us a certain charter of foundation gift and grant made by the Venerable Father in Christ Robert Bellanetj'ne abbot of our monastery of Holy Eood near Edinburgh with consent and assent of the said convent chapterly convened and with consent and assent of the Mo.st Eeverend Father in Christ our Counsellor well beloved William Archbishop of St. Andrews Primate of our whole realm and native legate their ordinary under the said abbot's seal and the common seal of the said chapter of our monastery and the common seal of the chapter of the foresaid Most Reverend Father to the praise and honour of God Almighty and the most glorious Virgin INIary and St. Ninian Bishop and Confessor and of All Saints for the support of two secular chaplains offering and for ever to offer the Holy Sacrifice for the souls' weal of the persons in the said charter specified at the altar within the chapel of the said St. Ninian by the said Venerable Father newly built at the end of the bridge of Leith on the north side of the water of Leith from all and whole the land or dwelling below and above with the part by the said abbot also newly built at the south end of the said bridge and from twenty-four pounds annual rent to be yearly uplifted from certain other lands lying within the town of Leith below specified has at our instance been seen read inspected and diligently examined and been fully found whole entire without VOL. I.— 37 578 APPENDIX erasure or cancelling and not in any part of it suspected under this form. To ALL who this charter shall see or hear Robert by divine per- mission Abbot of the monastery of Holy Kood at Edinburgh of the order of St. Augustine in the diocese of St. Andrews wi.sheth healtli in the Lord everlasting Know ye that we with consent and assent of all our convent chapterly convened and with consent and assent of the Most Reverend Father in Cliri.st William by tlie grace of God and the Apostolic See Archbishop of St. Andrews Primate of the whole realm of Scotland and legate of the Apostolic See our ordinary to the praise of our Lord Jesus Christ and the Most Blessed Virgin JIary and St. Ninian Bishop and Confessor and of All Saints of God for the souls' weal of the most illustrious prince revered memory our lord James the Third late King of Scots and of the most illustrious princess Queen Itlargaret his consort and for the pros- jierous estate of the most serene prince our lord James the Fourth the most illustrious King of Scots and for the souls' weal of his ancestors and successors, etc. . . . have in pure and perpetual alms given granted and by this present charter confirmed and also give grant and by this our present charter confirm to Almighty God and the blessed Virgin Mary and St. Ninian for the support of two secular chaplains who shall celebrate for ever in the chapel of St. Ninian by us newly constructed and built at the end of our bridge of Leith on tlio north side of the water of Leith all and whole that our land or dwelling below and above with pertinents by us newly constructed and built at the south end of the said bridge as it lies in length and breadth in our regality of Broughtoun and within the shire of Edinburgh and all and whole that our annual rent (which we have by conquest) of forty shillings of the usual money of the realm of Scotland yearly arising and payable at the two usual half-yearly terms Wliitsunday and Martinmas by equal portions furth of all and whole the tenement of the land of Alexander Brown and ilargaret Lindesay hia spouse held of us in chief with its pertinents lying in the town of Leith on the south side of the Water of Leith within our lands of St. Leonards in the said regality of Broughtoun and within the shire foresaid between the land of the late John Logane of Cotefelde on the east side on the one hand and the land of the late William Bell on the west side on the other hand and the land of the late David Broune on the south side and the common highway of the Shore on the north side And also all and whole that our annual rent which we have of twenty shillings money foresaid yearly arising and APPENDIX 579 payable at the foresaid terms and by equal portions furtli of all and ■whole the piece of land of Donald Wright with pertinents lying upon our said bridge at the north end of the gable of our said land or dwelling let by us to the said Donald and Margaret his spouse in heritable feu-farm for the said twenty shillings And all and whole that our annual rent of twenty shillings (which we have by our conquest) yearly arising and payable at the terms foresaid and by equal portions furth of all and whole the land of "William Pendreith before and behind with pertinents lying in our town of Leith on the north side of the Water of Leith in the said regality and barony of Brouchtoune and within the shire foresaid between the land of John Mar on the east side on the one hand and the land of William Stirrat on the west side on the other hand to hold and to have all and whole the foresaid land or dwelling below and above with its pertinents and the annual rents before mentioned with their pertinents to God Almighty Blessed Virgin Mary and St. Ninian for the support of two secular chaplains at the altar within the said chapel celebrating the Holy Sacrifice and for ever to celebrate in pure free and perpetual alms and for mortmain in feu and heritage for ever with all and sundry the liberties commodities profits and ■easements and righteous pertinents whatever as well incxpressed as expressed pertaining to the said land or dwelling and annual rents above mentioned or that are righteously known to belong in any way thereto for ever and as freely (juietly fully wholly honourably well and in peace in all things and by all means, as any land and annual rent ■within the Kingdom of Scotland are given or granted or can in any way be given or granted to any chaplains altar or chapel in pure free and perpetual alms for ever without hindrance revocation or litiga- tion whatever We wish however and ordain that the gift and presentation to the said chaplaincies pertain to us and our successors as often as they happen to be vacant and that the collation and institution of the said chaplaincies belong to the said Archbishop of St. Andrews and his successors in full right and that our successors within twenty days after either of the chaplaincies has become vacant shall see to the presentation of a sufficient and fit chaplain to the said vacant chaplaincy and if on the termination of that period of twenty days after the vacancy of one or other of the said chajjlaincies our said successors fail in the gift and presentation of the said vacant chap- laincy we wish that the gift presentation collation and institution of the two foresaid chaplaincies or one of them thus vacant shall belong only to the said lord archbishop and his successors in that case only. 580 APPENDIX Yet so that neither we nor our successors for the time being detain the foresaid land or dwelling or annual rents or any of them or presume to convert them to our or their uses but they shall be kept wholly as said is for the support of the said two chaplains who shall celebrate for ever at the said altar within the said chapel. And we wish that the foresaid chaplains for the time being may be able to obtain the foresaid lands with their pertinents furth of which the said annual rents ought to be levied on failure of payment of the same having been made to them. And that the said chaplains shall be held to continual residence and never have power to substitute another in their place in the said services but shall be bound to minister in person in the said services at the altar foresaid within the said chapel. Also the said chaplains shall be bound in suitable dis- positions to celebrate a daily mass within the said chapel to wit one of them at the sixth hour of the morning and the other of them at the tenth hour and this weekly by alternate turns. And if the said chaplains or either of them being in health have not celebrated within fifteen .successive days his chaplaincy shall be vacant and if the said chaplains or either of them keep a housekeeper or concubine this being known and notorious his chaplaincy shall be vacant. And if it happen that the chaplains or either of them has another richer benefice or is called to some other cure immediately thereafter his chaplaincy shall be vacant and another chaplain shall be appointed to the said chaplaincy as said is and this chaplain moreover shall be bound to continual residence in the above-mentioned manner. And we wish that the foresaid chaplains at the beginning of their mass be held to exhort the people to say Our Father and Hail Mary for their founders and the souls of all the foresaid. The said chaplains for the time being shall bo held also to celebrate once a week to wit on Saturday a private mass by himself or with his companion with Placebo and Dirige with the IX. Lessons for the souls of all the foresaids and to celebrate on every Tuesday a Requiem mass for the dead imless a Double occurs or the IX. Lessons or other lawful hin- drance intervenes. And furthermore we wish that the said chaplains and their successors for the time being shall levy and uplift yearly twenty-four merks furth of the said land and dwelling to wit each of them twelve merks and that one of them shall levy and uplift yearly the said forty shillings furth of the said tenement of the said Alex- ander Bro'vvne the other of them likewise shall levy and uplift the said twenty shillings from the land of the said Donald Wright and also twenty shQlings furth of the land of the said William Pendreith APPENDIX 581 at the foresaid terms in manner and form as said is. Furthermore we give and grant the surplus that exceeds or can exceed the twenty- four merks foresaid furth of the said land or dwelling and likewise all the oblations of the said chapel and their dues and profits which can or belong to the said chapel or bridge in any way for ever for the repair of the windows of the said chapel also for the repair alteration and preservation of the said chapel bridge land or dwelling. And that the surplus of the said land or dwelling over and above the said twenty-four merks that may accrue to the said bridge and chapel yearly along with the offerings dues and profits of the said chapel be collected and received by the said chaplains and their successors and under the name of their perquisites truly and faithfully be placed in a box or chest commonly called le oferanrlis stok or other necessary therefor before the said altar in the said chapel which box chest or other necessary instrument foresaid shall bo locked with two keys one of which will be in the custody of us and of our successors and the other will be in the custody of the said chaplains and their successors and at any necessary time namely at the time of reparation alteration and preservation of the said chapel and of its windows or bridge land or dwelling foresaid shall be opened and that the sums of money that are therein and as shall be judged necessary with the advice of us and our successors by a fit person to be elected and deputed by us and our successors shall be spent upon the said repara- tion alteration and preservation and that the surplus of the said money not spent shall be given to the poor when it is judged prudent and expedient by the said person elected by us the abbot and monks and our successors as is premised and by the said chaplains on the advice and orders of us and our successors. Also the said chaplains for the time being shall be held to celebrate on our obit day every year the Placebo and Dirige and on the following morning a Requiem mass and at the end of their mass they shall say after the Gospel for a short commemoration of the souls of the founders Requiesant in pace Amen Domine exaudi Et clamor Absolve quesumus Domine etc. and at the sprinkling of holy water they shall say this verse Asperges me Domine etc. And we moreover the .said abbot and monks and our successors against all mortals shall warrant acquit and for ever defend all and whole the said land or dwelling below and above and the yearly rents before mentioned with their pertinents foresaid to the two chaplains foresaid and their successors and to the altar and chapel foresaid as freely and quietly in all things and by all means in form as well as in effect as has been premised. In testimony whereof our 582 APPENDIX own seal has been affixed to this our present charter alonf; with tho common seal of the said chapter of our monastery in token of tho consent and assent of the whole convent thereof and also along with the common seal of the said chapter of our Most Reverend Father in Christ in token of their consent and assent to the premises approving and ratifying and acknowledging for himself and his successors the Archbishops of St. Andrews and for ever confirming the foresaid gift and grant. At our monastery foresaid the eighteenth day of the mcmth of July the year of our Lord 1493 before these witnesses to wit Master Richard Lawson Justice-clerk-general to our sovereign lord the King Matthew Forester of Barnetoune Henry Naper John Inglis of Langland Hill John Hallcarstoune John Creichtoune Gilbert Forster Patrick Bellantyn John Crawfurd George Kincaid and James Young notary public with divers others. Wnicn charter and foundation gift grant statutes rules and observ- ances and all and sundry their contents and all their points articles terms conditions and circumstances whatever in form as well as in effect we approve ratify and for ourselves and our successors mortify and confirm for mortmain for over as has been premised Saving for us and for our successors the suffrages of the devout prayers of the foresaid two chaplains and their successors for ever. In testimony whereof to this our present charter of mortification and confirmation our great seal we have ordered to bo aflixed. Witnesses the Most Reverend Fathers in Christ William the Archbishop foresaid and Robert Archbishop of Gla.sgow our beloved cousins Archibald Lord Douglas Earl of Angus our Chancellor Patrick Lord Halys Earl of Bothwell high admiral of our realm and warden of the western and middle marches thereof Alexander Lord Hume our high chamberlain Robert Lord Lyle John Lord Glammis our Justiciaries Andrew Lord Gray master of our hospice the Venerable Fathers in Christ Henry abbot of Cambuskynneth our treasurer James abbot of Scone and our beloved clerks masters Richard Murehede dean of Glasgow our secretary and John Fresale dean of Lestalrig clerk of our Rolls and Register and Council. Given at Edinburgh on the fifth day of January in the year of our Lord 1493 and the sixth year of our reign. APPENDIX 583 Xo. 26 Charter by the burgh of Canongate to the inhabitants of Leith of the Chapels of St. Xinian and St. Nicholas in Leith, 1st July 1569. To all who shall see or hear this Charter Thomas Hunter John Short James Hart bailies George Barbour deacon of the smiths John Smith deacon of the baxters John Black deacon of the tailors William Porteous deacon of the cordiners John Hart John Acheson John Hunter James Gray Robert Purves Andrew Mansioun John Watson and William Broun councillors of the burgh of the Canon- gate of the Abbey of Holyrood near Edinburgh having for ourselves and the community of the said burgh by grant of the dearest mother of our sovereign lord the King under witness of her great seal the chapels lands annual rents and revenues following therefrom health in the Lord everlasting : Whereas for the ardent zeal which we have for maintaining government and preserving good order between our beloved neighbours the inhabitants of the town of Leith on both sides of the water thereof within our parish of Holyrood and likewise considering that we are otfiuiaUy bound and ought to provide for them as members of our church what pertains to their advantage and lies within our power and that for the further promotion of the glory of God the chapel of St. Xinian's that they have subscribed for may be constructed and erected with the support thereof in all times coming for the administration of the word of God the common prayers and sacraments to be performed in the same chapel to the said inhabitants and for the fulfilment of a certain contract entered into between us on the one hand and David Yaus James Bartam and John Wardlaw indwellers of the said town who took upon themselves that task in place of the rest of the inhabitants of the said town on both sides of the water thereof within the regality of the Abbey of Holyrood foresaid on the other hand and drawn up on the last day of the month of June last bypast we thought it right that the said chapels and other property foresaid should be let in feuduty to the said inhabitants. Wherefore know ye that we for ourselves and the community of the said burgh and our successors with full consent and assent of John Brand minister in our church of the said monastery the deacons and elders thereof for their own interest have given granted and conceded let and set at feu farm for 584 APPENDIX heritable possession and by this our present charter have confirmed to the said inhabitants of the said town of Leith &c. — . . . and to their successors for ever. All and sundry the chapels lands tene- ments buildings and annual rents thereof tofts crofts gardens and all other property pertaining to the said chapels with their pertinents that lie within the liberty of the north side of the Water of Leith which is commonly called Eoodside and especially the chapels situated there called St. NLnian's Chapel situated at the end of the bridge of the same and the chapel called St. Nicholas' Chapel with their pertinents their infeftments easements commodities profits duties and rights belonging to them and all and sundry the annual rents of any house lands and tenements within the said town &c. . . . that were given and founded for any chaplainries and altarages of the said Chapels with all their rights privileges and liberties granted to us thereupon of before and their pertinents whatsoever to have and to hold to the foresaid indwellers and inhabitants of the said town of Leith &c. . . . and their successors of us and our successors the bailies councillors and community of the said burgh of the Canongate for the time being in feu farm and perjietual heredity Paying therefrom yearly the said indwellers and inhabitants of the foresaid town of Leith &c. and their successors to us and our successors for the time being to us and their collectors and factors for supplying any of the requisites for the service of the Lord's Supper in our said parish church that is yearly celebrated by us and the said inhabitants the sum of 50 shillings and four pence of the usual money of the realm of Scotland at any time of the year they may be required to do so on previous warning of eight days in the name of annual rent in feu farm Provided nevertheless that if any of the .=aid inhabitants of the said town our vassals foresaid divert the foresaid chapels lands annual rents and duties thereof to any other particular uses so that they cannot be applied to the uses above mentioned in that case the said chapels shall return ipso facfo to us and our successors In testimony whereof our common seal of our said burgh has been appended to this our present Charter of feu farm subscribed with our hands in manner as follows along with the sign manual of the said John Brand minister and elders of the said church in token of their consent to the promises. At our said burgh of the Canongate on the first day of July in the year of our Lord one thousand five hundred and sixty-nine years. In presence of these witnesses George Skaithwie burgess of our said burgh John Sprott James Selkirk our sergeants thereof Robert Logan son of APPENDIX 585 James Logan in Restalrig Alexander Lawson and James Logan notary public and common clerk of our said burgh with divers others. Thomas Hunter Johne Brand wt. my hand John Achesoun John Schort bailie elder and of the councell wt. my hand Robert Purues Johne Hart, James Gray elder and of the councall No. 27 "10th May 1506. James, by the grace of God, King of Scottis, to our customaris of our burgh of Edinburgh present and to cum greting, forasmekle as it is understand be the lordis of our counsall that we ar greittumlie defraudit in our customes throw pakking and peling of merchand gude in Leith to be had furth of our realms, and throw selling of strangearis guidis in Leyth unenterit to our burgh of Edinburgh in contrare our lawis and actis of Parliament, and throw selling of clayth and utheris guidis to strangeris in Leith vnsene or [unjcustomit iDe yow. Oure will is heirfor and we charge you straitle and commandis incontinent thir our lettres sene ye pas and in our name and authoritie command and charge be oppin pro- clamation at the merkat cors of our said burgh all and syndrie our lieges and strangearis reparand within our realme that nane of thame tak upon hand to pak or peill in Leith or in the Canongate ony maner of merchandice or guidis to be had of our realme, or to schip the samyn packet thair or in ony vther placis vnto the tyme that the saidis guidis to be sene and custumit by yow or saidis custumeris, and the customes and dewties thairof lelely payit as effeirs, nor that na strangearis bringand merchandice of guidis within our realme to our port of Leyth sell or mak mercat thairof in Leith or ony vther places to ony maner of personis quhill entre be maid thairof to our taun of Edinburgh and their dewties payit according to our actis and statutis maid thairvpon, under the payne of escheiting of all the saidis guidis packet schippit or sauld vnenterit in maner abov written : charging lykwys that na skipperis nor maisters of schippis sail furth of our realme fra our said port with thair schippis chargit with ony merchandice or guidis quhill the samyn be leley enteret to you or saidis customeris, and the cokket thairof deliuerit to thame and entered vnder the samyn pane nor that na maner of persons 586 APPENDIX male merkat with strangearis of claitli hydis woll or ony vthor mer- chandice that audit us custome in Leith, but that tliai cum and male the market thairof in our hurgli of Edinburgh, that the samyn be nocht secretlie schippit and we defraudit of our customes aucht thairof, lykeas we have bene in tymes bygane vnder the samyn pane of exheiting of the saidis guidis hayth to the byaris and sellaris and efter the said proclamatioun that ye diligentlie serche and seik be yourself your seruandis and facturis quhair ony maner of personis our liegis our strangearis dois incontrair this our proclamatioun and inhibitioun in ony pointlis and quhair ony beis apprehcndit that ye schuit the saidis guidis and inbring the samyn to our vre according to our saidis actis any statutis as ye will answer to us vpoun the executioun of your office ; and that ye in our name promit and gif to the serchouris and fynderis of the said scheit guidis ane pairt thairof according to their laboursis, and caus the mair diligence to be done thairin, the quhilk to do we commit to you our saidis custumeris present and to cum conjunctlie and severalie, and to our seruandis and factoris that sail be lymmit be you thairto for the quhilk ye sail be haldin to answer our full power be thir our lettres gavin vnder our signet at Edinburgh, the x day of Maij and of our rigne the xviij yeir. Ex. deliberatione dominorum consiliij." No. 28 "Stirling, 9th March 1510-11. James, by the grace of God, King of Scots, to all good men of his whole land, clergy and laity, greeting : Know ye that we, for the special love and favour which we bear towards our beloved, the provost, bailies, councillors, and community of our burgh of Edinburgh, and also for their good, and faithful, and gratuitous service daily done to us, and for various other good causes and considerations moving us hereto, with advice and mature consent of the Lords of our Council, desiring the increase and privileges of our aforesaid burgh for the common good and benefit thereof, and for the profit of the burgesses and inhabitants of the said burgh to have given, granted, and by this our present charter, for us and our successors to have heritably confirmed, to the said provost, bailies, councillors, burgesses, and community of our foresaid burgh now present, and their successors, who shall be for the time, our whole new port called Newhavin, with the bounds thereof, lately made and built by us on the sea-shore, between the APPENDIX 587 chapel of St. Nicholas on tho north side of the town of Leith and the lands of Wardy, with all the pertinents of the aforesaid port, videlicit, havin silver and profits thereof to be annexed and applied to them and their port of Leith, with free and common passage in goLng to the foresaid port, and returning from the same at any time, and by all the ways and passage which lead to the said port, with liberty and space for building and extending the pier and bulwark of the said port, and loading their merchandice and goods in ships, and of unloading of the same upon the land at the said port, to place and let down anchors, and fix ropes on the shore, from the sea-shore of the said port, to the innerfront of the houses of the South Kaw, which are built on the south side of the street of the said new port, and as they extend to the foot thereof in length, and with all other privileges of the said new port, in the same manner and as freely in all by all as they are freely infeft in their port of Leith and liberty thereof, and freely possess the same. We will also and ordain that they uphold the bulwarks and defences necessary for receiving and protecting the ships and vessels sailing thereto for the good and benefit of us, our kingdom, and lieges. Moreover, we give, grant, and for us and our successors, confirm to the said provost, bailies, councillors, burgesses, and community of our said burgh of Edinburgh now present and their successors for the time being full faculty, authority, command, and power to observe, fulfil, and implement among themselves, and within all their bounds and liberties, as well within our burgh of Edinburgh as in Leith, as also in the said Newhavin and other places adjoining where it is necessary, all and sundry our laws and all acts and statutes of our parliament, and of the general convention of our burghs relating to and concerning our privileges, so that they and their successors in all future time as need is, and as it seems necessary and expedient to them, do cause the said laws and acts statutes to be duly obeyed in any place within the foresaid bounds, and tho escheats, fines, and penalties thereof to levy, and if need be to poind and distrain therefor, according to the tenors and effect of the fore- said laws and statutes, and the half of the foresaid pains and penalties to inbring to our use, the other half to be applied to the church work and common good of our said burgh ; and if any person or persons shall do or cause to be done in the contrary, or shall bo found opposing or inobedient thereto, it shall be lawful for the said provost, bailies, councillors, and community for the time being for the authority and upholding of our laws, and implement and execution 588 APPENDIX of the premises, to convoke our lieges to upliolJ and support them in executing the premises, which convocation of our lieges shall be no quarrel], damage, or prejudice to them or any of them, nor to these persons' heritages or goods, nor shall be received in judgment, nor shall they be accused or troubled thereupon in any way for ever. To have and to hold the foresaid Newhaven, with the bounds havin silver and profits thereof, common and free passage of going to and returning from the same at all times, and by all roads as aforesaid, and with all other liberties and privileges of the said port, above expressed to the said provost, bailies, councillors, burgesses, and community of the said burgh of Edinburgh now being, and their successors who shall be for the time, of us and our successors in fee and heritage for ever, and as freely in all and by all as they are freely infeft in their said port of Leith, and possess the same with full faculty, authority, command, and power to observe, fulfil and implement by themselves and all others our lieges, within the foresaid bounds, all our laws, acts, and statutes foresaid, and with all other liberties, grants, and privileges foresaid, in all and by all as above expressed, and generally with all privileges and liberties in which they were in any way infeft by our most noble progenitors, or by the Lords of Restalrig or any other person whatever, without any impediment, obstacle, reservation, or contradiction of us or our successors whatsoever. In witness whereof, we have ordered our Great Seal to be appended to our present charter. Witnesses — The Most Reverend and Reverend Fathers in Christ, Alexander, Arch- bishop of St. Andrews, our Chancellor; William, Bishop of Aber- deen, Keeper of our Privy Seal ; Andrew, Bishop of Caithness, our Treasurer ; our beloved censurs, Archibald, Earl of Argyle, Lord Campbell and Lome, master of our household ; Matthew, P^arl of Lennox, Lord Dernlie, Alexander, Lord Hume, our great chamber- lain ; Andrew, Lord Gray, our justiciary ; the Venerable Fathers m Christ, John, prior of the Jletropolitan Church of St. Andrews ; George, Abbot of our Monastery of Holyrood, near Edinburgh ; our beloved clerks. Masters Gavin Dunbar, Archdeacon of St Andrews, clerk of our rolls, register, and Council ; Patrick Painter, Archdeacon of Moray, our secretary ; and our beloved servant, Robert Colville, of Ochiltree, director of our Chancery. At Stirling, the ninth day of the month of March, in the year of our Lord, one thousand five hundred and ten, and in the twenty-third of our reign." The city of Edinburgh thus acquired the same rights over New- APPENDIX 589 haven as it did over Leith. The Leith merchants were not, however, quite so submissive as the men of Newhaven. Though Walter Ker had been caught infringing the rights of the freemen of Edinburgh, and duly warned, he was not to be stopped. Ko. 29 The following is the judgment of the Lords of Council and Session in the case: — "7th July 1517. The Lord of Lestalrig protestit that quhat the Lordis did in the mater betuix the town of Edinburgh and Robert Bertoun, comptroEar, tuiching arestment maid on the Schoir of Leith, suld turn him to na preudice tuiching his heretage as baroun of Lestalrig. Master James Wischard, advocat to oure souerane Lord, protestit that quhat was done betuix the toun of Edinburgh and Robert Bertoun suld turn the kingis priuilege to na hurt ament the auld vse and possessione. ^Master Adame Otterburne askit instrumentis that Robert Bertoun grantit in presens of the Lordis, that he coft ane schip with tymmer. Master James Wischard, advocat, forsaid, askit instrumentis that he had desirit the Lordis to compell the toun of Edinburgh to reforme and mend the Xewhaven. Anent the supplicatioun gevin in be the Provest, Baillies, Counsall, and communite of Edinburgh, that quhar we and our predecessouris ar infeft of auld in fre burrowage, and with all privilege that pertenis to the burgh, togidder with the privilegis and fredoms of the port of Leith and New- havyn, quharthrow thai ressaue all entre of schippis and the thesaurar in the tounis name makis merkat for the commoun wele of the realme with all strangearia an vnfremen bringand ony merchandice to the said port, and as the said thesaurar makis merkat every induellar of the realm has his pairt of the said merchandice, and specialie of tymmir for thair necesar byggingis, sa that thair is na regrat- ing tholit to be maid within the said toune, neuertheles qulien thair said thesaurar and ane of the baillies of the said toune had enterit ane schip of Herik Cordson, Ducheman, and maid compte with him of all his tymmir, and past at the command of the Provest, Baillies, Counsale, and communite of the said toune, to ressaue the said tymmir, and ressauit ane pairt of sparris and rachteris, and laid apoun the Schoir of Leith, Robert Bertoune comptrollar, and with him ane multitud of his nychtburis and men of Leith, come and masterfuUie tuk the said tymmir fra thair said thesaurar and balye, and spulyeit 590 APPENDIX ccrtane sparris fra tliame, like as at mair lentli is contenit in the said supplicatioun. The Provest, Baillies, Counsale, and communite comperand be Master Adam Otterburn, thair procurator, and the said Robert Bertoune beand personally present, the Lordis of tlie Counsale decretis and ordainis that quhen ony schippis with tymmir curamis in to the portis of I.eyth and Newhavyne, that our Sovcraine Lordis thesaurar or comptroUar mak merchandice with the persounis awnaris and nierchands of the said schippis, and buy als nickle tymmir of the samen as is necessar to our said Souerainc Lordis own proper use and nae mair, and that the Provest, Bailies, Counsale, and fremen of the toun of Edinburgh sail mak pryce and buy all sio schippis cummand in to the said portis with tymmir, the King beand servit as said is, and quhen thai have coft the saidis schippis with tymmir to sell the samin to all maner of persounis for thair necessaris and biggingis of the samin price that thai buy it of, thai cummand to ressaue the saitl tymmir and mak payment thairof or payment be maid to the merchandis of saidis schippis ; and ordanis that it shall not be lefull to na maner of persounis unfremen to mak ony mer- chandice of tymmir or uther stuff with strangearis nor uther schii)pis cummand to the saidis portis in tyme to cum, and quhai that has done in the contrar or sail do in tyme to cum that thai call tliame before the lordis thairfor, and justice sail be institut." No. 30 "16th November 1518. Anent the supplication gevin in be the Provest, President, Baillies, Counsale and communite of the burgh of Edinburgh against Robert Bertoun induellar in Leith, comptroUar to our Souerane Lord, that quhar the said Robert gaif in ane supplica- tion before the Lordis of the Counsell makand mentioun that he was heavily murmurit be the saidis Provest, President, Baillies, Counsel and communite of diuers gret faltis and wrangis committet and done be him aganis the nychtbouris of the said toune and privlege the samyne, and tharefore desyring thame to be callit before the lordis, and gif he had maid fait to be ponist thairfore, and gif thai had murmurit him without caus thai to be ponist siclyke ; and the said Provest, President, Bailies, Counsale, and communite of the said burgh beand callit thairto, thay gaif in certain articles beand ane pairt of the saidis greit injuries and innormiteis done be the said Robert aganis the merchandis and nichtbouris of the said toun of Edinburgh, the APPENDIX 591 privilege of the samyn and commoune wele of the haile realm upoun the quhilk thai desyrit sentence and decrete, like as at mair lenth is contenit in the said supplication and articles maid thairvpon. The Provest, President, BaiUies, and ane pairt of the Counsel and men of gud of the said toun being personalie present for themselfis and coinperand in the name and behalf of the remanent of the saidis nychtbouris and haile communite of the said toun, and the said Robert Bertoune, comptrollar inlyke, being personally present, thair richtis, resounes allegations, and la wis, hard sene and understand, and thairwith beand reply avisit. As to the first article gevin in, in the name and behalf of the nychtbouris of the said toun of Edinburgh, berand that the said Robert, in contrar to the commoune law and privilege grantit to f remen of burrowis, is merchand to the maist part of all the woU on this syde the watter of Forth, and daily byis all maner of merchandice, sic as woU, hides, claith, skyn, salmon, wine, valx, vittalis, and all maner staple guidis, he beand imfremen and duelland utwith the burgh in contrar the commoun law and privilege foresaidis. To the quhilk he answerit that he and the men of Leith had in tymis bygane, vsit siklyk, and thairfor he traisted he had done no wrand thairintill. The Lordis of Counsell decretis and deliveris that the said Robert Bertoun, comptrollar, and all the indueUaris in Leitht, and vther vnfremen, sail decist and ceis fra all bying of woll, hyde, skyn, claith, and all merchandice in the cuntre fra vnfrei len, bot that all sic merchandice cum to the said biirgh, and be coft fra the fremen of the samyn efter the forme and tenour of the Actis of Parliament and lawis of the realme maid thairupoun. And anent the secund article, quhair it is allegeit that the said Robert pakkis and pelis the saidis guidis above written in Leitht, quhilk is ane unfre town, and schippis the samyn, thai nocht being brocht to the said principale frie burgh, and wey it with the Kingis wechtis, in grete prejudice to the Kingis grace anent his custumes, and to the said town anent thair privilege and dewities. To the quhilk the said Robert ansuerit that in tyniis bygane he had that privilege of the Kingis grace quhom God assolye, and now becaus he was comptrollar he traisted he had done na wrang thairintill, suppose he vsit in sum pairt, and paid his custume as effeirit thairfor. The Lordis foresaidis decernis the said Robert Bertoun, and all uther persounes duelling vtwith the said burgh, inlykwis to decist and ceis fra all pakking and peling within the said town of Leith, or in ony vther vnfrie town within thair boundis and freedom of thair said burgh, bot at all sic merchandice and gudis be brocht to the said toun of Edinburgh, and 592 APPENDIX thair to pak and pele thair gudis and pay thair custumes and dewitis within the said burgh as accordis efter the forme of the saidis Actis of Parliament. As to the ferd article quhar the said Robert, in hurt and prejudice of the Kingis liegis and hail realme, and specially againis the privilege of the said burgh of Edinburgh, byis wynis, walx, vittalis, tymmir, irne, lynt, j)ik, ter, and all vther staple) gudis cumand to the said port of Leith be strangearis, and regrates the samyn apoun our Souerane Lordis lieges. To the quhilk the said Robert ansuerit and saidit that he bocht of his owin auentour, he sauld the best he culd, but as fer vther stuff he regratit nocht, except that he tuk to the Kingis vse efter the form of the Kingis lawis and Actis of Parliament : The Lordis in lykwis decretis and deliueris that the said Robert, and all vtheris the Kingis liegis, sail decist and ceis fra all maner of bying of sic merchandise cumand in at the port of Leith, or ony vther port within the fredome of Edin- burgh, on to the tyme that the maisters and merchandis of sic schippis cumand in, cum to the officiaris of the said Burgh of Edinburgh, and enter thar guidis in the bukis of the toune ; and thairefter the comptroller, thesaurer, or vtheris the Kingis ofRceris takand als mekle af all sic guidis as salbe necessar for our Souerane Lord or my Lord Souernaris owin proper vse allanerlie, nocht by dane apoun the making of the prices thereof; the officeris of the toune makand the said prices efter the forme of the Act of Parliament maid thairupoune be King James the Third ; and than the comptroller and thesaurer to pay as the prices is made, and our Souerane Lordis liegis to haue thair pairt of all sic gudis of the samin price maid be the officeris and na derrare. Alswa anent the fift article, allegeand that the said Robert oppressis hevely the burgessis inhabitantis of the said bui'gh of Edinburgh, in that wyse that quhare his schippis ar ladyn, in France or Flanders, he refusis to custume thair gudis on to the tyme that his schippis be first furnist ; the quhilk article the said Robert denyit. Nochtwithstanding the Lordis foresaid ordanis him and all vtheris to decist and ceis fra all sic thingis in tyme to cum sa that the inhabitantis of the said burgh be nocht compellit to lay thair gudis bot to quhat schippis that pleisis best. Item anent the sext artikle, quhar it is allegit that the said Robert byis hering, keling, selchis, and vther fisch cumand in at the said port of Leith, and saltis and pelis the samin in grete hurt ami preiudice of our Souerane Lordis liegis in thair sustentatioun, and sendis the samin to Ingland and vther places ; ordanis him and all vther inlikwis to decist and ceis thairfra in tyme to cum, conforme to the Act of Parliament, bot APPENDIX 593 samekle as is necessar to the Kingis vse, and my Lord Gouernouris iiUaneralie. And anent the last artikle, allegeand that the said Robert he himself and his seruaudis byis talloun in sundry pairtis of the realm, and sendis the samin furth of the realm, quhare throu the exorbitant derth of talloun is rising, the quhilk the said Robert denyit : The Lordis forsaid ordanis the Act and statut maid thair- upoun be kepit in tyme to come in euery point, and the pauyis thairof execut with all rigour. And attour ordanis that the said Robert and all vther persouns vnfremen mak na mercat of na maner of gudis within the fredom of the said burgh bot within the said Burgh, according to the Act of Parliament herapoun, and that letteres be direct herapoun in dew forme be opin proclamatioun at all ports neidful as efferis ; and assoilzies the said Robert fra the punctis aboue writin sa far as is allegit that he has committit or done in tymes bygane incontrar the Actis of Parliament or commoun wele, as he allegit ignorantly, gif ony be committit, and fra all cryme that may be imput to him thairthrow in times cuming." No. 31 "24 January 1-522-3 [on the 24 day of the month of January, A.D. 1522, in the first year of the pontificate of our lord Pope Adrian VI., the eleventh indiction at the twelfth hour noon]. The quhilk day, in presens of richt reuerand, nobil, and michti lordis sittand in Sessione, Master Adam Otterburne, common clerk of the tovne of Edinburgh, an'l prolocutor of the samyn, producit ane charter and infeftment vnder our Souerane Lordis grete sele. King' James the ferd of nobil mynd, quham God assolye, to the inhabi- tantis within the samyn gifiand thame power till persew all personis, brekaris of thar fredome, within the tovne of Leith, and to pvnes thame conforme to the Actis of Parliament, and gif thai disobey it salbe leiful to the said toune to mak convocatione of our Souerane Lordis liegis, and to poind and distrenye thame theirfor, conform to the Actis of Parliament, and inbring the tane half to our Souerane Lordis use, and tother half to be appropriat be the inhabitantis of the said tovne of Edinburgh for the edification of thair kirk and common wele of the samyn, the quhilk convocatione sal nocht be accusation nor crime to thame. And mad oppin mtimacion of the said charter be my Lord Bischop of Aberdene in stattis to the Controller, Dauid Falconer, Edward Cockburn, John Ker, and vther diners VOL. I. — 38 594 APPENDIX beand present induellaris of tlie said tovne of Leith. ^Yitnes.ses John Foular, notary public, William Lroune, herald, ^Master William Johnestoiin, Master Robert Ga wrath and many others. Robert Bertoun, of Ouerberntoun, comptrollar, askit instrumentis that he producit ane respect grantit to him be me Lord Governour and to vtheris for the spaice of xix yeris fra the dait of the said respect, quhilk ilk is the xxij day of October, the yeir of God j'" v'' and xxij yeris, respectand him and thame all and sundry thair landis, rentis, possesionis, takkis, steadingis, stor-placis, grangis, woddis, lowis, fischingis, housis, biggingis, tenementis, croftis, medis, fermis, corn, cattel, familiar seruandis, tcntis, factouris, procuratouris, and intromittaris, etc., wid the law and by law, as is contentit in the samyn at lenth, and that nochtwithstanding his said respect, he wald nocht accept it in the mater betuix him and the town of Edinburgh, protestand that he mycht have it admittit in vther actiounis. " Maister Adam Otterburne, in name and behalf of the haile communitie of the toune of Edinburgh, askit instrumentis that Robert Eertoun grantit that he had coft salmond fra the Bischop of Aberdcne, and pakkit the samin in his cellar within the toune of Leith. " Patrick Baroune, ane of the baillies of Edinburgh, askit instrumentis that Robert Bertoune and the remanent of the persouns of Leith denyit that they had failyeit in ony poynt of the decrete gevin against thame sen the geving thairof, and that he grantit he was in use of hying of sic gudis. " Maister James Wischart, forspekar of Robert Bertoun, and the remanent of induellaris of Leith, than protestit thai mycht have the decrete sen the geving aganis them at the instance of the communitie of the toune of Edinburgh, retretit for sic causis as thai wald lilx-ll for tlie reduetioim." SOUTHERN BEG.ONAL U«RAB,A ^^,.,y^ ^5 HUgard Avemi«'^°»^riano the library "tomj^hl^^^^ THE LIBKARY UNIVERSITY OF CAIJFORVTA Irons_r_^ Leith and its 17 ^antiquities I from the earli- est times t g__ theu ^closel of the 890 L5I7 V. 1 000 452 783 ■K-,