THE WHICH DAY, the Lord Provoſt, Baillies, Council, and Deacons of Crafts, being conveened in Council, together with many of the old Magiſtrates, and Deacons, who were all warned perſonally, to the effect and for the ſpecial affair aftermentioned, and calling upon the LORD for a bleſſing to their endeavours, taking to their ſerious conſideration, THAT FORASMUCHAS the Good Town of Edinburgh being the chief and capital city of the kingdom, and the place and ſeat where his Majeſty's Parliaments and the Secret Council, and the ſupreme courts and ordinary juriſdictions criminal and civil, do ſit and are holden; and, upon that occaſion, the Eſtates of Parliament, Nobility and Gentry, and other ſubjects, from all corners of the kingdom, muſt and do frequently repair and do ſtay there for doing their affairs, and ſtrangers from other kingdoms, upon occaſion of trade at Leith, do come and repair to the ſaid Town: LIKEAS, not only the public records and regiſters of the whole kingdom are kept, but the rights, ſecurities and writs of his Majeſty's ſubjects, of whatſoever quality, within the kingdom, concerning their lands and other eſtates and intereſts of greateſt importance, are brought, left and kept in the ſaid Town, in the Chambers, or in the hands of their advocates, clerks and writers, for purſuit and defence of proceſſes, and upon other occaſions: AND ALBEIT, upon the conſiderations foreſaid, not only the citizens and inhabitants, but his Majeſty and the whole kingdom are concerned, that the ſaid Town be ſecured and preſerved, as much as can be done by human providence, from hazard, and in ſpecial from the danger and deſtructions of fire and burnings; and, in order thereto, his Majeſty's predeceſſors and Eſtates of Parliament from time to time did make ſeveral good and excellent laws and acts of parliament; and nevertheleſs the City is ſtill obnoxious and ſubject to the hazard of burning; and the reaſon is obvious, and inherent in the very conſtitution and way of building of a great part of the ſame, and the front and fore-part of the moſt part of the houſes, eſpecially in the fore-ſtreet, being built altogether with timber, and the vennals and cloſſes being ſo narrow, and the houſes ſo thick and joined together, and there being many families lodged in the ſeveral ſtoreys of the reſpective tenements, ſo that when any houſe or ſtorey of the ſame, and eſpecially upon the high-ſtreet, doth by negligence or otherwiſe take fire, the whole tenement is in a ſhort time deſtroyed; and the dry timber being ready feuel to the fire, it doth quickly increaſe, and is carried to and doth ſeize upon the neighbour adjoining tenements; as did appear diverſe times, when the Town, within theſe few years, was viſited and afflicted with great burnings, in diverſe corners of the ſame, and moſt evidently in the late burning upon the 14th April laſt; at which time a fire having been in a low ſhop of a tenement in the fore-ſtreet, in the night-time, did in a very ſhort time become ſo dreadful and furious, that it did quickly deſtroy, not only the ſaid tenement, but ſeven other tenements, to the great loſs and prejudice, not only of the heritors but the inhabitants within the ſame, being ſurpriſed in the night ſo ſuddenly and unexpectedly, that with great difficulty and hazard they were ſaved, and did eſcape with their wives and children, with the great and total loſs of their goods and pleniſhing, and did threaten deſtruction to the whole Town by the great violence and progreſs it had, if GOD in his mercy and goodneſs had not ſet bounds to the ſame, and a tenement entirely built with ſtone and lime had not made interruption. THEREFORE the ſaid Lord Provoſt, Baillies, Council, and Deacons of Craft ordinary and extraordinary, together with the old Magiſtrates and the old Deacons of the ſaid burgh, by theſe preſents, STATUTE AND ORDAIN, That when any houſe or tenement are or ſhall be, at any time hereafter, ruinous or burnt in the roof or uppermoſt ſtoreys thereof, or that a conſiderable part of the ſame ſhall happen to be ruinous or burnt, whether the ſame belong entirely to one heritor or more or diverſe heritors, or when any houſe or tenement ſhall be built from the ground where there was no tenement formerly, within this burgh, Leith, Canongate, or ſuburbs, viz. Weſt-port, Potterrow or Pleaſance, the ſame ſhall be built in ſuch a way as ſhall be moſt fit and ſuitable to the honour of the kingdom, and for the ornament and ſecurity of the City, and of the inhabitants thereof, and all others concerned. THAT IS TO SAY, That the front and fore-parts, and other parts of the ſame, ſhall be built altogether with ſtone and lime, and no part thereof, nor any fore-ſtairs of the ſame, ſhall be built with timber: And it is deſired and expected, That the heritors of ſuch houſes as are built with timber may and will think it their intereſt and ſecurity, that when they think it convenient, and they ſhall have occaſion to repair the ſame, that they be built with ſtone and lime. AND FURTHER, it is ORDAINED AND DECLARED, That hereafter the vennals and cloſſes within the ſaid burgh ſhall not, in any time coming, be obſtructed or ſtraitned with the putting out or building of any fore-ſtairs where was none before the date of thir preſents, ſeeing the ſaid vennals are narrow, and are the King's common ways and paſſages for the uſe of the lieges, and are not to be encroached upon by any fore-ſtair or ſtructure promoted or brought out beyond the buildings upon either ſide; and where there hath been any fore-ſtairs formerly built, it is ORDAINED, for the preventing the hazard of ſire, That where there is any occaſion or neceſſity of repairing the ſame, the ſaid fore-ſtairs ſhall be built and repaired with ſtone and lime, at leaſt with plaiſter and tile, in the ſame manner and with the ſame extent as they had formerly, and no further: And in caſe any perſon or perſons ſhall preſume to contravene, or work or build contrary to the premiſſes, it is DECLARED, That the wrights and craftſmen that ſhall work or build otherwiſe than is above ordained ſhall be ſeverely puniſhed and cenſured, and what ſhall be wrought and built otherwiſe ſhall be demoliſhed and taken down upon the charges of the contravener. AND FURTHER STATUTE AND ORDAIN, That no craftſman of this burgh, in any time coming, ſhall repair or build any houſes or tenements of land within the bounds foreſaid, without firſt they acquaint the Dean of Guild and his Council with the deſign of the ſaid reparation or building, to the end that a viſit may be made upon the ground of the ſaid lands, that the heritors and others concerned may receive a warrant from the Dean of Guild and his Council to repair or rebuild conform to the tenor of this principal act in all points; certifying every maſon, wright, or any other, that does in the contrary, that they ſhall be liable in the penalty of one hundred pound Scots money toties quoties they contravene thir preſents, by and attour the puniſhment of their perſons, at the diſcretion of the Magiſtrates. And the ſaid Lord Provoſt, Baillies, Council, and Deacons of Crafts, ordinary and extraordinary, together with the old Magiſtrates and Council, by their repreſenting the body and community of the ſaid burgh, and for their particular intereſts, heritors within the ſaid bounds, in ſign and token of their conſent and hearty acquieſcence to this preſent act, have ſubſcribed thir preſents; conſenting to the regiſtration hereof in the books of Council and Seſſion, Town-court or Council-books of Edinburgh, to remain therein ad futuram rei memoriam: And conſtitutes _____ our procurators. Subſcribed by us day and place and year of GOD above-mentioned. Sic ſubſcribitur, James Currie Provoſt, William Johnſton Baillie, Ja. Juſtice Baillie, William Carmichall Baillie, David Swinton Baillie, Robert Baird D G. James Sutherland Treaſurer, John Cuninghame, George Reid, John Smith, John Hall, George Drummond, Andrew Cheyne, William White, Walter Borthwick, Thomas Robertſon, Patrick Telfair, David Boid, Cornelius Neilſon, Thomas Broun, Thomas Campbell, James Broun, David Hunter, John Calder, George Johnſton, George Stirling, Alexander Reid, Patrick Clark, Robert Newlands, Alexander Cowſtane, Robert Mill, Alexander _____ Robert Elliot, John Corſe, John Smith, John Hamilton, Thomas Somervel, George Turnbul, Lawr. Edmiſton, Francis Burlex, John Penman, John Johnſton, John Homilton, James Abercromby, Thomas Fairholm, James Braden, William Stevenſon, James Graham, James Dick, John Watſon. James Riddel, Thomas Kinkaid, Arthur Temple, James Cleland, Walter Turnbull, Edward Clepian, John Somervel, Thomas M' Adam, James Park, R. P. James Jamieſon, James _____ Thomas Story, Patrick _____ William Stevenſon, William Hepburn, William Reid.

Follows a Conſent ſubſcribed by the Heritors.

WE under ſubſcribing heritors and others, concerned in the houſes and tenements of lands within the City of Edinburgh and liberties thereof, taking to conſideration, That the Council of the ſaid burgh, with conſent of the old Magiſtrates, and ſeveral neighbours of the ſame, hath upon juſt and convincing motives, and pregnant reaſons, importing the public well, ſafety and ſecurity of Edinburgh and liberties thereof, STATUTE and ORDAINED, That no houſes nor tenements of lands, which are or ſhall happen in any time coming to be ruinous or burnt in the roof or uppermoſt ſtorey thereof, or whereſoever a conſiderable part is or hereafter ſhall happen to be burnt or ruinous, the ſame ſhall not be rebuilt but with ſtone and lime, as the ſaid act within written, of the date the firſt May inſtant, ſubſcribed by the ſaid Council, old Magiſtrates, Councellors and Deacons, containing ſeveral other uſeful clauſes and articles at length, bears; which act being read in our preſence, and conſidered by us, We do hereby chearfully and heartily approve of the ſame, in all the heads, articles, and points thereof, and INTERPONES our conſent thereto, WITH THIS ADDITION, That whenſoever the major part of the heritors of the houſes, tenements of land within the bounds foreſaid, which are already built with timber in the front and fore-part thereof, ſhall think it convenient to build it with ſtone and lime, in that caſe the reſt of the heritors concerned in the ſaids houſes and tenements ſhall be obliged to pay their proportion of the ſaid building with ſtone and lime ſo to be made, and that according to their reſpective intereſts in the ſaid tenements and houſes: And in caſe the leſs or minor part of the heritors ſhall not condeſcend to pay their proportions of the ſaid building with ſtone and lime as ſaid is, then it ſhall be in the power of the major part of the heritors to petition the Council of Edinburgh to cauſe appretiate the value of the ſaids houſes and tenements at the ſight of fifteen ſworn men to be appointed by them, that the ſame ſhall be paid to the leſs or minor part of the heritors, and their parts of the ſaids houſes and tenements ſhall in all time thereafter belong properly and irredeemably to the ſaid major part of the heritors; or that it ſhall be in the option of the ſaid major part of the heritors, who repair or rebuild as ſaid is, to uplift the rents belonging to the leſſer part of the heritors, ay and while they be re-imburſed of their proportionable part of the expence of the ſaid building, according as the ſame ſhall be taxed and modified by the Dean of Guild and his Council, or by the Council of Edinburgh. AND DECLARES, That the major part of the heritors are not to be reckoned according to the nunber of the perſons heritors, but according to their rents and intereſts in the ſaid houſes and tenements: And further CONSENTS, That in all debates and differences that ſhall hereafter fall out betwixt heritor and heritor, or betwixt heritor and neighbour, in the matter of building allenarly, that the ſame ſhall be decided by the Dean of Guild and his Council, or by the Council of Edinburgh, and oblige ourſelves to ſtand to their determination thereanent, without advocation or ſuſpenſion AND ALSO DECLARES That we conſent, that the foreſaid act, together with thir preſents, be ratified by the act of the Secret Council. IN WITNESS WHEREOF, we have ſubſcribed thir preſents with our hands, Edinburgh the fourth day of May One thouſand ſix hundred and ſeventy four years; and therefore humbly ſupplicating that his Majeſty's Privy Council might approve of the ſupplicants procedure in paſſing the ſaid act, and interponing their authority thereto.

THE LORDS of his Majeſty's Privy Council having heard and conſidered the ſaid petition and act of the Town-council above-mentioned, DO APPROVE AND ACCEPT of the ſaids Magiſtrates of Edinburgh their care and diligence in paſſing the ſaid act, wherein they have given evidence of their ſpecial care and zeal for the ſafety and ſecurity of the ſaid burgh of Edinburgh, for which they return the ſaid Magiſtrates their hearty thanks, and hereby INTERPONE their authority to the ſaid act, and ratify and approve the ſame in the haill heads, articles and clauſes thereof, AND ORDAIN the ſaid act to be put in execution, conform to the tenor of the ſamen, and to be obſerved and obeyed by all perſons concerned.