Pages 66-71
Charters and Documents Relating To the City of Glasgow 1175-1649 Part 2. Originally published by Scottish Burgh Records Society, Glasgow, 1894.
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XXXIII. Decree of the Court of the City of Glasgow, adjudging a waste tenement in the Ratounraw to the vicars of the choir of Glasgow, for payment of annual rents due to the vicars out of that tenement. Glasgow, 1477, 1478 and 1478–9.
In Dei nomine amen. Per hoc presens publicum instrumentum cunctis pateat evidenter et sit notum quod annis, diebus, mensibus, indiccione et pontificatu per ordinem inferius annotatis, in curiis capitalibus ciuitatis Glasguensis, coram preposito et balliuis ac communitate eiusdem, diuersis vicibus comparuerunt procuratores vicariorum chori ecclesie Glasguensis pro recuperacione cuiusdem vasti tenementi jacentis infra eandem ciuitatem in Via Ratonum eiusdem, per diuisas metas prout inferius fit mencio, et processerunt ad illius recuperacionem ut sequitur per ordinem in rotulamentis infrascriptis. Quoram uero rotulamentorum prime curie rotulamentum recuperacionis dicti tenementi sequitur, ut moris est, in wlgari.
[In the name of God, Amen. By this present public instrument let it appear evidently and be known to all, that in the years, days, months, indiction and pontificate in order noted below, procurators of the vicars of the choir of the church of Glasgow appeared in the head courts of the city of Glasgow before the provost, and bailies, and community of the same, sundry times, for the recovery of a certain waste tenement lying within the said city in the Rattonraw of the same, according to the meiths and marches after mentioned, and took steps for that recovery, as follows in order in the rolls underwritten. Of which rollments, the rollment of the first court for the recovery of the said tenement follows, as the custom is, in the common tongue.]
The hed court of the burgh and cite of Glasgw, haldyn in the Tolbuth of the samyn be Johne Stewart provest, James Stewart and Johne Robynsone balyeis of Glasgw, the xxvij day of the moneth of Januare in the yeare of God a thousande four hundreth lxx and sevyn yeris. The soytis callit, the court affermyt, et cetera. The quhilk day, in presens of the said hed court and al the membris thairof, planly comperit Schir Thomas of Bargille, ane vicar ministrand in the queyr of Glasgw, and procuratour til al the vicaris of the said queir, as his powar was thair sufficiently knawin, and opynly said that ane tenement within the said cite, lyand within the Ratonraw, and on the south syd of the samyn, betuix ane tenement of Master Gilbert Rerykis, archiden of Glasgw, on the est syde, and the tenement of Schir Johne Browne, vicar of the quehyre of Glasgw, on the west syde, the quhilk acht the vicaris forsaid certane annuel yerly, as was notorly knawin to al the membris of that court, was destitut of all bigging and reparacion in all partis at it mycht not be strenyeit be thaim for the payment of the annuell, bot alanerly the groonde remanande wast and wnhabit. Quharfor he besoch the juge and court forsaid til deliuer hym erd and stane in falt of payment of the grund annuell, accordand to the kyngis lawis maid tharapon; and that considerit to be consonande to ressone, thai assignit to the said Schir Thomas, procuratour, Johne of Monfode, sergeande, to pass to the said tenement and deliuer to the said procurator erd and stane of the samyn before witnes, the quhilk sergeand at command as said is, passit to the grunde and fand it wast and vninhabit and not strenyeable, and tharfor deliuerit to the said Schir Thomas, procuratour, erd and stan, closit efter the consuetude of the cite in sik thingis, as for the first court of recognicioun, befor thir witnes, George Robynsone and Johne M'Clelane, citenaris of the samyn, and tharof Schir Thomas Bargylle, procurator, . . . and tuk the court to witnes. Et sic finitur rotulamentum prime curie . . . Rotulamentum uero secunde curie sequitur eciam in wlgari.
[And so ends the rollment of the first court. The rollment of the second court follows also in the common tongue.]
The hed court of the burgh and cite of Glasgw, haldin in the Tolbuth of the samyn be James Stewart and Johne Robynsone, balyeis of that ilk, the vij day of the moneth of Aprile in the yere of God a thousand four hundreth lxx and viij yeris. The soyitis callit, the court affirmyt. The quhilk day in presence of the said hed court and all the membris tharof, planly comperit Schir Thomas Bargilly, ane vicar ministrande in the queir of Glasgw and procurator til al the vicaris of the said queyre, as his powar was thair sufficiently knawin, and opynly said that ane tenement within the said cite, lyand in the Raton Raw ande on the south syd of the samyn, betwix ane tenement of Master Gilbert Rerykis, archiden of Glasgw, on the est sid, and the tenement of Schir Johne Brovne, vicar of the queyre of Glasgw, on the west sid, the quhilk acht the vicaris forsaid certane annuel yerly, as was notorly knawin to al the membris of that court, was destitut of all biggyng and reparacione in al partis, at it mycht not be strenyeit be thaim for the payment of the annuell, bot alanerly the grovnd remanand wast and vninhabit. Quharfor he besouch the jugis and court forsaid to assing him an sworne officiar of the said court to pass with hym to the said grunde, til deliuer hym erd and stane in falt of payment of the grwnd annuell, accordand to the kingis lawis maid tharapone, and that considerit to be consonant to resone, thai assignit to the said Schir Thomas, procuratour, Johne of Monfoid, sergeand, to pass to the said tenement and deliuer to the said procuratour erd and stane of the samyn befor witnes, the quhilk sergeand, at command as said is, passit to the grwnd and fand it wast, wninhabit, and not strenyeabil, and tharfor deliuerit to the said Schir Thomas, procuratour, erd and stan, closit efter the consuetud of the cite in sic things, as for the second court of recognicioun, befor thir witnes, Johne M'Clelane and Riche Herbertsone, citenaris of the samyn, and tharof the said Schir Thomas Bargille, procuratour forsaid, askit ane rowment and tuk the court to witnes. Et sic finitur rotulamentum secunde curie. Rotulamentum uero tercie curie similiter sequitur in wlgari.
[And so ends the rollment of the second court. The rollment of the third court also follows in the common tongue.]
The hed court of the burgh and cite of Glasgw, haldin in the Tolbuth of the samyn be Johne Stewart, prouest, James Stewart and Johne Robynsone, balyeis of Glasgw, the xiij day of the moneth of October in the yere of God a thousand four hundreth lxx and viij yeris. The soyitis callit, the court affirmit et cetera. The quhilk day in presence of the said hed court and al the membris tharof, planly comperit Schir Robert of Petcairn, ane vicar ministrand in the queire of Glasgw and procuratour til al the vicaris of the said queyre, as his powar was thair sufficiently knawin, and oppinly said that ane tenement within the said cite lyand in the Ratonraw and on the south sid of the samyn, betuix ane tenement of Master Gilbert Rerykis, archiden of Glasgw, on the est sid, and the tenement of Schir Johne Brovne, vicar of the queyr of Glasgw on the west sid, the quhilk acht the vicaris forsaid certan annuel yerly, as was notorly knawin to al the membris of the court, was destitut of al byggyng and reparacion in al partis, at it myt not be strenyeit be thaim for the payment of the annuell, bot alanerly the grand remmanand wast and wninhabit. Quharfor he besocht the jugis and court forsaid to assyung him ane sworn officiar of the said court, to pass with him to the said grwnd to deliuer him erd and stane in falt of payment of the grund annuell, accordand to the kingis lawis maid tharupon, and that considerit to be consonant to reson, thai assignit to the said Schir Robert, procuratour, John of Monfoid, sergeand, to pass to the said tenement and deliuer to . . . of the samyn befor witnes, the quhilk sergeand at command as said . . . the grwnde and fand it wast and vninhabit and not strenyeable, and tharfor deliuerit to the said Schir Robert erd and stane, closit efter the consuetude of the cite in sic things, as for the thrid court of recognitione, befor thir witnes, Rob Michel and Alane Brovne, citenaris of the samyn, and tharof the said Schir Robert Pitcarne, procuratour forsaid, askit ane rowment and tuk the court to witnes. Et sic finitur rotulamentum tercie curie. Rotulamentum quarte curie sequitur in hunc modum in vulgari.
[And so ends the rollment of the third court. The rollment of the fourth court follows in this mode in the common tongue.]
The hed court of the burgh and cite of Glasgw haldin in the Tolbuth of the
samyn be Johne Stewart, prouest, Johne of Schaw and James of Dalgless,
balyies of Glasgw, the xxvj day of the moneth of Januare the yere of God a
thousand four hundreth lxx and viij yeris. The soytis callit, the court affirmit,
et cetera. The quhilk day, Schir Alexander Heriot, ane vicar ministrand in the
quere of Glasgw, procuratour to the remanand vicaris of the quere forsaid,
as his powar was thar sufficiently knawin, comperit in plane court and befor
al the membris tharof, and said it was notorly kend to the court thar present
at sworn officiaris of the cite of Glasgw, at the command of the jugis of
the said cite sittand in playne jugment, had deliuerit to the procuratouris
of the vicaris of the quere of Glasgw erd and stane, efter the form of the
kingis lawis at thre diuerss hed courtis, of ane tenement lyand within the
said cite and in the Ratonraw, on the south syde of the samyn, betuix ane
tenement of Master Gilbert Rerykis, archidene of Glasgw, on the est syde,
and the tenement of Schir Johne Browne, vicar of the queyr of Glasgw,
on the west side, the quhilkis acht the vicaris forsaid certan annuel
yerly, as was notorly kende. And tharattour cryit at the merket cross,
oppynly warnand the lachful heritaris or ayris, of xl dayis, to cum and pay
the said annuell acht of the said tenement, efter the forme of the lawis of
the burgh, the quhilk payment was not maid. And tharfor, continuand
the said Schir Alexander procuratour present, erd and stane, of fortyme
deliuerit as said is, efter the forme of the lawis, and askyt in plane court
ward and dome of the said wast tenement, as it was lachfully recouerit in
falt of payment of the annuell acht of the samyn, efter the forme, forss,
and effect of the rowmentis maid thairapone at the thre hed courtis. And
this beand said, the forsaid Schir Alexander, procuratour, remouyt, the
court wardit, and ryply and weil avisit, and tharefter the said Schir Alexander, procuratour, callit in agane, Schir John Michelson, borow clerc, at
the special command of the prouest and balyeis forsaid, judicialy informyt
the demestar Johne Neilson, the quhilk gaif for dome at the said Schir
Alexander Heriot, as procuratour to the vicaris of the quire of Glasgw,
had lachfully wonnyn and obtenit the forsaid tenement with the pertinentis,
in defalt of the payment of the annuel acht of the samyn. The quhilk
dome the said Schir Alexander, procuratour, askit to be rowit, and tharof
ane instrument of the samyn.
Super quibus omnibus et singulis prefatus
dominus Alexander Heriot, procurator dictorum vicariorum, a me notario
publico infrascripto sibi fieri atque tradi petiit publicum et publica instrumentum et instrumenta. Acta fuerunt hec in pretorio Glasguensi sub
annis, diebus et mensibus suprascriptis, indiccione duodecima, pontificatus
sanctissimi in Christo patris et domini nostri domini Sixti diuina prouidencia
pape quarti anno octauo. Presentibus ibidem prouidis et discretis viris
Archibaldo Weicschaw, Johanne Hynd, Willelmo Dykson, Thoma Mynteth,
Henrico Burell, Johanne Rankyn, Johanne Raburne, Johanne Wyshard,
Johanne Nuttishil, et Johanne Hannay cum multis aliis testibus ad premissa vocatis specialiter et requisitis.
[Upon which things, in all and sundry, the foresaid Sir Alexander Heriot, procurator of the said vicars, asked a public instrument and instruments to be made and delivered to him by me, notary public underwritten. These things were done in the Tolbooth of Glasgow, upon the years, days, and months underwritten, in the twelfth indiction, and in the eighth year of the pontificate of the most holy father in Christ and our lord, the lord Sixtus the fourth, by divine providence Pope. There being present prudent and discreet men, Archibald Weischaw, John Hynd, William Dykson, Thomas Mynteth, Henry Burell, John Rankyn, John Raburne, John Wyshard, John Nuttishill, and John Hannay, with many other witnesses specially called and required to the premises.]