Series 3 > Ayr Burgh accounts, 1534-1624

xxiv
AYR BURGH ACCOUNTS
Burgorum—thruch the consaile of the gud men of the tonne the
quhilk aw to be lele and of gud fame—thruch ordinans consaile
and dome of the gude men of the toune—at the sicht and be the
console of the communite of the burgh. Who the gud men or
the communite were, we do not know ; but they were not
a standing council, since four liners (lineatores) were chosen
to measure the marches, and a special assize (xij of the
lelest burges and of the wysast) sworn to administer justice.1
Before the days of regular councils an assize or inquest was
appointed for special purposes—to fix prices of grain,
malt and ale, to serve heirs, to adjudicate in disputes over
lands or debts—and liners continued to be chosen. An
ad hoc assize was appointed de precepto ballivorum at
Aberdeen in 1317, but in 1398 a commoun consaile of twenty-
four was elected.2 At Edinburgh from 1403 (when the
records begin) councillors were chosen at the Michaelmas
head-court.3 4 Elsewhere evolution seems to have been
slower. At Peebles only the bailies and serjeants, along
with ale-tasters and flesh-prisers, were chosen at
Michaelmas, while, throughout the fifteenth century, an
assys, qwest, inquest, inquisicioun, or dousan was often
appointed ad hoc 4 ; a regular council was not established
until 1503/4.5 Even after the adoption of conciliar govern¬
ment, several burghs continued the use of special assizes
or inquests to fix prices or try important cases,6 while at
Aberdeen the early custom of summoning the haill toune or
1 A.P.S., I, 347, 353-4, 355- The Statuta Gilde, cap. xxxvii, suggests an
elected council of 24 at Berwick under Alexander III ; if so, Berwick was
far in advance of other Scots towns. Ib., 436.
2 Spalding Club Misc., V, 11. Aberd. Rees., I, 374.
3 Edin. Rees., I, 1-4. They were the duodene burgi, the duodecim consules
et limitatores—i.e. descendants of the early dosane and liners.
4 Peeb. Rees., I, 121, 124, 128, 130, 133, 138, 147, 150, 164, 166, 184.
5 Ib., 199. The consale mentioned in 1468 (ib., 158-9) and again from
1481 on does not seem to have been a regular body.
6 Edin. Rees., I, 61, 79/107, no. Stir. Rees., I, 11, 24, 89-90. Peeb.
Rees., I, 293.