LXV : Decree in favour of community against Burgh of Rutherglen concering trade (1575)

LXV. Decree by the Lords of Council and Session, in favor of the Provost, Bailies, Councillors, and Community of Glasgow, defenders in an action pursued by the burgh of Rutherglen against them,—by which decree the defenders were found entitled to exact a ladleful of every sack of victual coming to the market of Glasgow. Edinburgh, 4 June 1575.

At Edinburgh the ferd day of Juni, the yeir of God j^m v^c lxxv yeris, the lordis of counsale vnderwrittin, that is to say, ane reuerend fader in God, Adam Bischop of Orkney, Robert commendatare of Dumfermling, Alexander commendatare of Culros, Maister William Baillie, Lord Provand, Alexander Dumbar dene of Murray, Maister Robert Pountt doctor in diuinitie, Maister James Makgill of Rankelour Nether clerk of register, Schiris Richert Maitland of Lethingtoun, Johnne Bellenden of Auchnoull justice clerk, knychtis, Maister Dauid Borthvick of Lochill, aduocat to oure Souerane Lord, William Dowglas of Quhittinghame, and Maister Thomas Makcalzeane of Cliftounhall: In the Actioun and caus persewit be the prouest, baillies, counsall, and commonitie, and fre burgessis of the burght of Rutherglen aganis Robert lord Boyd, prouest of Glasgow, Archibald Lyoun, George Elphinstoun, and James Flemyng, baillies thairof, and counsall and commonitie of the samin, makand mentioun that quhair the saidis prouest, baillies, counsale, and commonitie of Rutherglen ar of auld be our Soueranes maist noble progenitouris, Kings of this realme, erectit in ane fre burgh aboue fyue hundreth yeiris, with the mair, and hes gewin and grantit to thame be thair infeftmentis all priuelegis, fredomes, and immwnities pertening to ane fre burgh regale, as ony vther fre burgh within this realme hes or had in tymes bypast, lykeas the saidis persewaris, and thair predecessouris, fre burgessis of the said burgh hes bene in peciable possessioun of the said preuilegis in traffickyng with merchandice, bying and selling of gudis, in fre burghis and mercattis thairof, custom fre, conforme to the preuilegis of fre burgessis in vtheris fre burghis in all tymes bygane past memour of man: Neuirtheles the said prouest, baillies, counsall and commonitie of the said cietie of Glasgow, quhais fredome and libertie of fre burgh dependis vpon the preuilege of the said burgh regale of Dumbartaine, hes laitlie rasit ane new exactioun vpoun fre burgessis of the said burgh of Rutherglen, compelling the saidis persewaris to pay thre half-penneis for ilk laid of cornis convoyit in or brocht be thame furth of the said cietie; and als be maner of skafrie and mere extortioun extortis and takis furth of euerie laid of cornis brocht in the said cietie be the fre burgessis of the said burgh ane ladill full of cornis, quhilk is neir the messour of ane ferd pairt peck, by all lovable consuetude, to the greit oppressioun and hurt of the fredome preuilege and libertie of the said burgh and fre burgessis thairof, and expres aganis all law, reasoun, and equitie, and will on na wis desist and ceis thairfra and suffer the saidis persewaris peciablie bruke and jois thair libertie of fre burgh in bying and selling custome fre within the said cietie: and anent the charge gewin to the saidis prouest, baillies, counsall and commonitie to haif comperit before the lordis of counsall at ane certane day bygane to haif hard and sene thame and Robert Millar, thair customer, and all vtheris thair custumaris and serchearis dischargit of all lifting and exacting of the custumes and dewiteis aboue specifit, and to desist and ceis thairfra in tyme cuming, and suffer the fre burgessis of the said burgh of Rutherglen to bring and sell in the said citie, by and tak away furth of the samin all kynd of cornis, bestiall, gudis, and merchandise, and to mak thair lefull trafficque thairwith, but payment of ony custome, dewitie or exactioun thairfor, by all use and custome obseruit within vtheris burghis to fre burgessis thairof; or ellis to haif allegeit ane ressonable cause quhy the samin suld not haif bene done; lyk as at mair lenth is contenit in the principall letteres rasit in the said master, actis, letteres, and haill proces led and deducit thairvpoun. The saidis prouest, baillies, counsale, and commonitie of Rutherglen, comperand be Maister Alexander Mauchane, thair procuratour, and the saidis provest, baillies, counsale and commonitie of Glasgow comperand be Maister Richert Strang, thair procuratour, all thair rychtis, ressonis, allegatiounis, togidder with the depositionis of diuers famous witnessis resauit, admittit, sworne, and examinat, producit for the part of the saidis prouest, baillies, counsall, and commonitie of Glasgow, for preving of the pounctis of the exceptioun vndirwrittin, hard, sene, vnderstand, and the saidis lordis thairwith being riplie advuisit, the lordis of counsall, yit as of before, decernis and ordanis the saidis prouest, baillies, counsale and commonitie of the said cietie of Glasgow, thair custumaris, and sercheouris to desist and ceis in all tyme cuming of all lifting and exacting of the saidis prouest, baillies, counsal and commonitie and fre burgessis of the said burgh of Rutherglen for the said thre half-penneis for ilk laid of cornis convoyit in or brocht be thame furth of the said citie; because the said Mr Richard Strang, procuratour for the saidis prouest, baillies, counsale, and commonitie of the said cietie of Glasgow, denyit of before that thai tuke ony sic exactioun in ony tyme bypast, and wer content to desist and ceis thairfra in ony tyme cuming. And as tuiching the remanent pounctis aboue writtin contenit in the said letteres concerning the taking of euery laid of cornis brocht in the said cietie of Glasgow, or vther victual, be the saidis fre burgessis of Rutherglen of ane ladill full thairof, the saidis lordis assoilzeis simpliciter the saidis prouest, baillies, counsale and commonitie of the said cietie of Glasgow fra that pairt of the saidis letteres purchest at the instance of the saidis prouest, baillies, counsale and commonitie of the said burgh of Rutherglen, and decernis thame quitt thairfra in tyme to cum, becaus it wes allegeit be the said Maister Richart Strang, procuratour for the saidis prouest, baillies, counsall, and commonitie of Glasgow, that thay on na wis suld be dischargit of vptaking of the said ladill full of euery sek of wictuall cumand to the said mercat, nor yit decernit to desist and ceis thairfra in tyme cuming, becaus the saidis prouest, baillies, counsale and commonitie of the said citie ar infeft in fre burgh be our saidis Souerane Lordis predecessouris, and be vertu thairof thay haif bene in possessioun of vptaking of ane ladill full of all cornis and victuale of ilk sek cumand to the mercat of the said burgh past memour of man, and that for sowping and clangeing of thair calsay, lyke as vtheris burrowis within this realme ar and hes bene in siklyke possessioune of vptaking of siclyke dewitie for the samin caus, and thairfor thai aucht and suld yit be ansuerit of the said ladill full of euery sek cumand to the said mercat, conforme to the said lovable vse obseruit past memour of man within the said burgh and vtheris to the effect forsaid, and for the caus aboue writtin. Quhilk allegeance the said Maister Richart, procuratour forsaid, offerit him to preif sufficientlie, and the saymin being fundin relewant be the saidis lordis wes admittit to the saidis prouest, bailleis, counsall, and commonite of Glasgow probatioun and diuers termes being assignit to thaim for preving thairof, previt the samin sufficientlie, lyik as wes cleirlie understand to the saidis lordis, and ordanis letteres to be direct heirupoun, gif neid beis, in forme as afferis. Extractum de libro actorum per me Magistrum Jacobum Makgill de Rankelour Nether, clericum rotulorum registri ac concilii S. D. N. Regis, sub meis signo et subscriptione manualibus. Jacobus Makgill.