Town Council of Burgh, and Bailie Court. - Burgh of Barony.
Francis Hamilton v. Mitchel and Keith
Date: 18 June 1663 Case No. No 380.
Click here to view a pdf copy of this documet : PDF Copy
Sir Alexander Keith of Ludquharn being obliged by bond to Robert Mitchel in Leith, for the price of certain bolls of victual, was arrested in Leith, till he found Francis Hamilton cautioner as law will; and both being pursued on the act, raised advocation on this reason, that the Bailies of Leith had unjustly forced him to find caution as law will; he not being dwelling in Leith, and Leith not being a burgh royal, but a burgh of barony. It was answered, That the privilege and custom of the town of Edinburgh, was to arrest within Leith, and all other privileges and pendicles thereof.
The Lords found that it behoved to be condescended, in what place of Leith Ludquharn was arrested; for the Pier of Leith was a part of the burgh royal of Edinburgh, and was served by a Bailie of Edinburgh, called the Water Bailie, and if he was arrested there, it was valid; but the rest of Leith is but a burgh of barony, and in that part thereof, the Bailie is called Baron Bailie, it were not valid.
