Act, 28 December 1693, Edinburgh

Att Edinburgh the seventh day of September J^aj vi^c nyntie thrie years Eodem die postmeridiem

A1693/9/21

A1693/9/21¹

Procedure: committee report

Report Anent The Calsayes and uayes about Edinburgh

The Committie of privie Councell appoynted to meet uith the Justices of peace in the shyre of Edinburgh and magistrats of Edinburgh anent the repairing of the Causeys Lying about the said burgh Sederunt The Earls of Southerland and Forfar The Lord Viscount Tarbat and the Lord Strathnaver In presence of the said Committie Compeared the Justices of peace after named uithin the said shire viz The Lords Hattoune and Arniestoune The Lairds of Craigmiller Preistfeild Riccartoune Bands Curriehill Calderhill Pumpherstoune and Hadden uith Mr William Calderuood shirreff depute And for the Magistrats of Edinburgh Compeared Alexander Baird Baillie Michaell Allan Dean of Gild George Warrander toune Thesaurer William Menzies and Mr Hary Fergusone Late toune Thesaurers and John Robertsone Barrone baillie of the Cannongate As also Compeared Uilliam Collvill Factor of Balmerinoch for the Lord Balmerinochs Intrest The Committie Having at Length heard the parties Find it accorded to upon both hands That the Causeys follouing are to be repaired and upholden by the toune of Edinburgh viz that Causey upon the way from the uest port to the water of Leith And the Causey upon the way from the said porte to the Bruntsfield Links and on the way from the end of the² same port the lenth of the briery balk near Tolcorss Leading to Wrights houses The haill Causeyes on the wayes Leading to the toune of Leith The Causeyes frae the water gate to the Clerkmylne bridge The Causeyes frae the south port of the burgh to the Powburne and Burrowmuir The Long Causey beyond the Gibbett and the haill Causey on the south syde of the Cannongate And it being alleadged for the toune of Edinburgh that as to the way on the north syde of the Cannongate The Lord Ballmerinoch was obleidged to repaire and uphold the same which was denyed by the said William Collvill for Ballmerinoch and the Contrare offered to be proven And the toune of Edinburgh Having denyed that they were obleidged to repaire or uphold any other Causeyes about the toune but only these above condescended on It was of Consent of both parties aggried to that use and Custome of repairing for the tyme bygone showld be the rule for tyme to Come as to the Contraverted Causeyes unless the toune Can produce a Contract betuixt the shyre and them Condescending upon each particular Causey which aither partie is to repaire alleadged to be in the hands of Baillie Simpsone The Committie are of opinione that the Magistrats of Edinburgh be ordained presently to fall to and Cause repaire the particular Causeyes above named not Contraverted And as to the Contraverted Causeyes or wayes about the toune especially these Leading to Dallray and Whytehouse on the west It is the Committies opinione that some persones be named to visite these Causeyes and wayes And to take tryall who are obleidged to repaire the same: And it Being alleadged before the Committie that the way at the way³ at the uest end of the Long gate was Incroatched upon and straitned not being Left the wydness and breadth alloued and appoynted by the Act of parliament for the Kings high wayes The Committie are of opinione that the Heretors of the Land upon aither syde of the said high way be instantly ordained to rectifie the said high way and to make and keep the same as wyde and broad as by the Acts of parliament is appoynted for the Kings high wayes And It being Represented for the Good toune That the Heretors of the shyre Having some pettie customes to exact about the toune They place their Collectors upon the wayes or Causeyes repaired and upholden be the toune which Collectors doe exact these pettie customes for Cairts and horses not going uithout the bounds repaired be the toune And particularly for such as come from the water of Leith Bruntsfield Links or the Blackmuir uith murss stounes etc The Committee are of opinione that the shyre and their Collectors ought to be discharged to exact any such pettie Customes in tyme coming for what passes upon the wayes and causeyes belonging to the Good toune or repaired and upheld be them under such penaltie as the Lords of privie Councell shall think fitt The Lords of their Majesties privie Councell Having Considered the above Report anent the Causeyes and wayes about the toune of Edinburgh They approve therof in Every poynte And ordaines the Clarks of Councell to extend and extract ane Act in the termes of the same And Recommends to the Committie appoynted anent the securitie of the peace and publict affairs to determine upon the poynts Remitted by the Report to the Councells determinatione And to take such course and Issue furth such ordors as they shall think fitt for repairing any other wayes and Causeyes about the toune of Edinburgh besyds these in the report And to see the Act which shall be extended heiron made effectuall and receave punctuall obedience