Historical preface
1626-35

Sponsor

Institute of Historical Research

Publication

Author

J.D. Marwick (editor)

Year published

1897

Supporting documents

Pages

310-351

Citation Show another format:

'Historical preface: 1626-35', Charters and Documents relating to the City of Glasgow 1175-1649: Part 1 (1897), pp. CCCX-CCCLI. URL: http://british-history.ac.uk/report.aspx?compid=47912 Date accessed: 01 September 2014.


Highlight

(Min 3 characters)

Contents

1626–35

On 2nd February, 1626, Charles was crowned in London; but the queen had scruples about taking part in a protestant ceremony, and did not even witness the coronation. (fn. 1) Four days later the second English parliament of the reign was commenced, and the questions which had been raised in the first parliament were re-opened with increased vehemence, both in the lords and the commons, the latter of whom impeached Buckingham, and challenged the action of the king in arresting members of the house. Ultimately on 15th June, and in disregard of the petition of the lords, the parliament was dissolved. (fn. 2)

Immediately after the accession of king Charles his attention was directed to the affairs of the Scottish church and the inadequacy of the provision for its ministers. The successive steps by which the condition of matters then existing had been brought about may be shortly stated. Instead of the lands and revenues of the ancient church having been reserved for the maintenance of the Reformed clergy, the education of the people, and the support of the poor, as was demanded by Knox and the early Reformers, it was arranged, in 1561, that the Roman Catholic clergy should retain twothirds of their benefices for life, and that the remaining third should be applied partly towards the support of the Protestant preachers, and partly towards meeting the requirements of the court. The scanty provision thus assigned to the Reformed ministers was, however, somewhat improved by the action of the legislature in the first parliament of the regent Moray; but the benefits of the arrangement then made were lost during the regency of the earl of Morton; and, as the old ecclesiastics died off, the properties of the church were vested by the Crown in lay commendators, many of whom succeeded in obtaining from the king heritable grants of the church lands and revenues in perpetuity. Sometimes these grants to the "Lords of Erection," as the grantees were termed, were burdened with the payment of the thirds appropriated for the support of the ministers; sometimes the grantees were simply burdened with the provision of competent stipends to the ministers out of the teinds; and sometimes even that obligation was not made a stipulation of the grant. Influential noblemen and favourites of the sovereign, moreover, received episcopal revenues, while "tulchan" archbishops and bishops performed the duties of the sees, and were content to receive a moiety of the endowments of their office. In 1587, king James, under the pressure of his financial necessities, annexed to the Crown all the lands of the Church then in the possession of churchmen, but this annexation did not extend to tithes, nor to lands in the possession of laymen, and was afterwards rescinded. And in 1617 parliament commissioned certain prelates, nobles, barons, and burgesses to assign, out of the teinds of each parish, a perpetual local stipend to the ministers, and this stipend was appointed to be paid, not out of a general fund as previously, but to each minister out of the teinds of his own parish—the minimum and maximum being fixed by the act. Such was the state of matters as regarded the provision for the ministry when king Charles succeeded to the throne. The hostility excited by the efforts of king James to force upon the nation the observance of the articles of Perth still existed, though the comparative moderation with which, despite the counsels of Laud, the observance of those articles was enforced, gave ground for the belief that, if the dread of further innovations—a dread which was fostered by many of the presbyterians—were removed, the country generally would probably gradually settle down to the acceptance of these articles. It was not difficult, however, to see that king Charles and his advisers were bent on a still more complete assimilation of the church service in Scotland to that of England; and the action of the king in relation to what had been the property of the ancient church largely deprived him of the sympathy and support of influential sections of the nation. He speedily evinced his desire to make better provision for the bishops and clergy, and through his efforts their condition was considerably improved. By private purchases of alienated church lands, and otherwise, he succeeded in increasing the scanty endowments of the bishops. Under arrangements made by him with the marquis of Hamilton as to the abbacy of Arbroath, and with the duke of Lennox as to the lordship of Glasgow, he supplemented the endowments of the two metropolitan sees; and by similar means improved the financial position of other bishops. (fn. 3) But these partial restorations of church properties to ecclesiastical uses left much to be done, and led him to the resolution to follow the precedents of former times, and—by a general revocation of all grants made by the crown, and to its prejudice, as well before as subsequent to the act of annexation of 1587—to resume possession of those ecclesiastical properties and revenues which his father had dissipated by grants to courtiers and nobles whose professions of protestantism enabled them thus to profit by the spoliation of the church. Proclamation was accordingly made in November, 1625, of a general revocation by him, as on 12th October, of all grants by the crown, and of all augmentations to its prejudice, whether before or after the act of annexation. (fn. 4) The effect of this proclamation was far reaching. Most of the noble families in Scotland had got and held some share of the spoils. "Many of them," says Dr. Cunningham, "had held such property beyond the years of prescription. Some of them, if stripped of it, would be left about naked in this world, and therefore the king's design of wrenching it from them caused universal agitation and alarm, combined with a determination to resist." (fn. 5) To allay this spirit, and reconcile the nobles and gentry to his projects, the prospect was held out to them of purchasing and leading their teinds, while to the ministers was offered the prospect of more liberal stipends. In order, also, to soothe the popular feeling of antagonism to the Perth articles, Charles, on 12th July, 1626, addressed to the archbishops and bishops a series of ten articles, by which he directed that such ministers as had scruples about complying with the Perth articles, and had been admitted before they were passed, should not be required to observe them for a time, provided they did not speak publicly against the royal authority or the government of the church or its canons, or dissuade others from observing these canons, or refuse communion to such persons as desired to partake of it kneeling, or receive members of other congregations without testimonials from their pastors. Banished, imprisoned, and suspended ministers were also directed to be restored on similar conditions. But all ministers admitted subsequent to the passing of the Perth articles were to be obliged to obey and practise them. He also directed that a common bond of conformity should be formed and subscribed by every minister on his admission; that schools should be planted in every parish; that the people should be catechised by every minister weekly, for removing ignorance, barbarity, and atheism; and that order should be taken for entertaining the poor in each parish. (fn. 6) Subsequently the king restricted the scope of his revocation, and sought by legal process to reduce the grants of kirk livings. This so alarmed the holders of these grants that they sent a deputation to the king, who had an interview with them in London, with the result that on 7th January, 1627, he appointed sixty-four commissioners to treat with all those who claimed a right to erected benefices for a surrender of them to the crown on such terms as the commissioners approved. (fn. 7)

On 3rd October, 1626, at the desire of the archbishop, the bailies and council re-elected James Inglis to be provost for the following year, and Patrick Bell, James Stewart, and William Neilsoun, to be bailies. Thirteen merchants and twelve craftsmen were also elected to be councillors on the 7th of the month; and on the 11th, Colin Campbell was chosen dean of guild; (fn. 8) Ninian Anderson, deacon-convener; Ninian Gilhagie, visitor; Andrew Foulis, treasurer; and William Gibson, master of work. (fn. 9)

On 2nd April, 1627, two new colours were ordered to be provided for the town, "in respect the auld culloris was brunt the last muster." (fn. 10) On 5th May a merchant and a cordiner were appointed to carry these colours at the town's muster in June; and on 12th May the treasurer was ordered to have warrant for £132 17s. 4d. paid for "twa anseinyeis of taffetie and workmanschip thairof." (fn. 11) On 29th September payment of £46 15s. was authorised for brass and copper to be the "kok and thanes" to the Tolbooth, and twenty merks for the workmanship, £44 1s. 3d. to Gabriel Smith for fourteen stones eleven pounds of made iron "to the kok, bell, and thanes of the Tolbuithe," fifty merks as a gratuity for the cheapness of his charges and a dollar to his servants, £100 to John Boyd, master of work, for his services in the building of the Tolbooth, and £10 to the quarrier and his men for "drink silver." (fn. 12) On 13th October, 1627, the council authorised 40s. to be paid to James Wood for a ladder "to hing the tung of the bell," and on the 20th, "£30 for gilding the cok and thanes, and coloring of the same yallow, with the glob and standart and stanes about the stepill heid." (fn. 13)

On 2nd October, 1627, James Hamilton was elected provost on the nomination of the archbishop, who also selected James Steuart, William Neilsoun, and George Barclay to be bailies, and they were appointed accordingly; on the 6th, thirteen merchants and twelve craftsmen were appointed councillors; and on the 10th, Colin Campbell was elected dean of guild; Ninian Andersoun, deacon-convener; Ninian Gilhagie, visitor; James Padie, treasurer; Gilbert Merschell, procurator-fiscal; and George Cuik, master of work. On the last-mentioned day, moreover, the council, considering that the treasurer had previously been only an extraordinary councillor without a vote, although he ought to have been an ordinary councillor, as was the practice in other burghs, resolved and ordained that in future the treasurer should be an ordinary councillor, and have his vote as other councillors had in every respect. (fn. 14)

On 17th November, 1627, Thomas Reid, boat wright, was ordered to be received as a burgess on payment of the modified fee of £40; the modification being allowed "in respect thair is nane of his craft within this burghe, and sua necesser to the toun." (fn. 15)

On 5th January, 1628, there is an indication of an improvement scheme on a small scale in a resolution that the causeway from the Cross down the Saltmarket should be "put out and laid als neir as can be to the buithes" on both sides of the "gait, to mak the hie street braid." (fn. 16) On 5th April the council ordered the decayed parts of the library house of the high kirk to be built and repaired, roofed, "gested," lofted, and roofed with lead at a cost of 3,100 merks (£172 4s. 5d. sterling). Regard seems to have been had also to the appearance of the council house next to the justice house, which it was resolved to have repaired with bunkers and seats in the most comely form for its decoration. (fn. 17) The cost of a new clock (horologe) fitted up in the Tolbooth, made by one John Neill, is stated to have been 950 merks; while Valentine Ginking was paid 390 merks for "gilting of the horologe brodis, palmes, mones, the kingis armes, and all paintrie and culouring thairof, and of the justice hous." (fn. 18)

In the short interval of seventeen months which had elapsed since the dissolution of the second English parliament of Charles, he was hard pressed for supplies even to equip his fleet, and had appealed unsuccessfully to the city of London for a loan; had demanded with scant success a free gift from the English counties; and had endeavoured in vain to secure the acknowledgment of the judges to the legality of his demands for "benevolences and privy seals." His action had called forth the resistance of Hampden, Eliot, and Wentworth, and had evoked a popular discontent which was aggravated by the signal failure of his naval and military enterprises, and the discontent of his soldiers and sailors who were clamorous for arrears of pay. Under these circumstances, and the threatening aspect of foreign affairs, the king was induced, on 30th January, 1628, to summon a new parliament at Westminster on 17th March. But the elections went generally against the crown, and, when the commons met, its leaders were agreed that the rights of the subject must at the outset be vindicated. This determination was speedily evidenced in both houses, and after much angry discussion and messages from the king, which only served to widen the breach between him and his subjects, the Petition of Right was finally adopted by both houses on 28th May. As the petition was submitted to the king, intelligence arrived of disasters to his forces in Germany and France, but still his reply was evasive, and the commons decided to follow up the petition by a Remonstrance. This the king forbade, and on 5th June demanded a vote of supplies, which demand was renewed on the following day. The commons then resolved to "name" Buckingham, with a view to his being dealt with as responsible for many of the national troubles, but were ordered by the king to adjourn till the following day. A similar order was conveyed to the lords, but they directed the lord-keeper to acquaint the king with the feeling of the house that he should not "make a sudden end of the parliament." On 7th June a qualifying message from the king was received, and both lords and commons concurred in a resolution to ask him for a clearer answer to the Petition of Right. This answer the king gave on the same day, by attending in person and intimating his assent to it, according to the usual formula. Thus the Petition, (fn. 19) second in importance only to the Great Charter, (fn. 20) became an authoritative constitutional document. Notwithstanding the victory thus achieved the Remonstrance was proceeded with, and craved that the duke of Buckingham should be deprived of his offices, and removed from "his place of nearness and counsel to the king." It was presented to Charles on the 17th in the presence of the duke, but the king gave him his hand to kiss in presence of his accusers. Irritated by the practical rejection of the Remonstrance, the commons proceeded to discuss a bill for the grant of tonnage and poundage, when the king intimated that both houses might sit till the 26th, but should sit no longer. This was met by the commons drawing up another remonstrance, but in anticipation of its presentation the king, early on the following morning, appeared in the house of lords, and, after giving his consent to a few bills, prorogued parliament till 20th of October, and it was subsequently prorogued till 20th January, 1629. Meanwhile on 23rd August the duke of Buckingham was assassinated, and thenceforward the king took much of the burden of government on his own shoulders. No grant having been made to him by parliament, the king persevered in his policy of raising revenue by collecting tonnage and poundage, and by other arbitrary processes, which inflamed popular feeling, while the highhanded action of Laud in regard to ecclesiastical matters, and of the king in bestowing all crown patronage on men of Laud's school, deeply irritated puritans and calvinists, and threw them as a body into sympathy and association with the political malcontents.

Towards the end of July, the king proposed to come to Scotland to be crowned, and directed a parliament to be summoned at Edinburgh on 15th September; but on the advice of the privy council his visit to Scotland was deferred till the following year. (fn. 21)

At the election of magistrates on 30th September, James Hamilton was re-appointed provost by desire of the archbishop, who also, on the same day, selected Colin Campbell, George Barclay, and John Padie to be bailies, and they were elected accordingly. On 4th October the old and new provost and bailies appointed fourteen merchants and thirteen craftsmen to be councillors, subject, however, to a declaration that, inasmuch as one merchant and one craftsman were added to the number elected in former years, the old number should be reverted to in future elections. On the 8th of the same month, Patrick Bell was elected dean of guild; William Neilson, deacon convener; Ninian Gilhagie, visitor; Thomas Young, treasurer; Gilbert Merschell, procurator-fiscal; and William Anderson, master of work. (fn. 22)

On 30th October, archbishop Law, with consent of the dean and chapter of the Cathedral, granted two charters, by one of which (fn. 23) he, inter alia, confirmed the deed of mortification by archbishop Boyd, dated 28th May, 1581, and letters of confirmation by king James VI., dated 17th June, 1581; (fn. 24) and by the other (fn. 25) he confirmed, inter alia, the gift of immunities granted by bishop Turnbull on 1st December, 1453. (fn. 26)

Meanwhile, the royal commissioners appointed in January, 1627, to deal with the teinds and other properties of the ancient church prosecuted their labours with the result that during this year submissions were given in by lords of erection, teind holders, bishops and clergy, by royal burghs, (fn. 27) and by tacksmen and others having right to teinds, to the king as arbiter to determine what compensation should be paid for the surrender to the crown of church property. (fn. 28) Every thing, says Cunningham, who shortly summarises the result, was now ripe for a decision, and accordingly, on 2nd September, 1629, his majesty pronounced four decreets-arbitral corresponding to the number of submissions. (fn. 29) With regard to the superiorities of church lands, it was ordained that 1,000 merks Scots should be paid by the Crown for each chalder of victual feu-duty, and for each 100 merks of money feu-duty. With regard to teinds, the decreet declared "that it is necessary and expedient for the public welfare and peace of this our ancient kingdom, and for the better providing of kirks and ministers' stipends, and for the establishing of schools and other pious uses, that each heritor have and enjoy his own teinds;" and in order to this, it was provided that all teinds should be valued and sold to those heritors who chose to purchase them. The fifth of the rental of the land was declared to be the value of the teind; (fn. 30) and the price of teinds thus valued was fixed at nine years' purchase—a price which would be remarkably low now, but which probably was not so then. (fn. 31) It was farther provided, that in calculating the price of teinds, heritors were to pay for no more than what should remain after the ministers' stipends were deducted; and also that a certain portion of the rent or price, to be fixed by commissioners, should be set apart for the king in name of annuity. (fn. 32)

On 20th January, 1629, the English parliament was again to meet, but the prospects of a peaceful session were by no means bright. Notwithstanding the declaration of the house of commons that the levy of tonnage and poundage was illegal, the king's officers had proceeded to exact it, and had been met by general opposition. Ecclesiastical questions also had been raised in relation to which the king, guided largely by Laud, then bishop of London (and who after the assassination of the duke of Buckingham had virtually become the first minister of the crown), had put forth a declaration as supreme governor of the church of England which was opposed to the views of a large part of the nation. The star chamber too, when acting as a court employed on state trials, had been exercising an authority the limits of which it was impossible to foresee. When parliament met, therefore, there was abundant ground for renewed collision between it and the crown as to tonnage and poundage, as to questions of theology, as to the privileges appertaining to the goods as well as to the persons of members of the house, and as to the privileges of the king's officers in executing royal warrants. A crisis occurred on 2nd March, when the speaker of the commons announced the king's pleasure that the house should be adjourned till the 10th, and refused to allow discussion on a question of adjournment. Thereupon an unprecedented scene of turbulence was witnessed. The speaker, who endeavoured to leave the chair, was held down. His orders were disregarded, and the door of the house was locked. A series of resolutions against innovations in religion, and the levying of tonnage and poundage not granted by parliament, were proposed and passed, (fn. 33) the question being put by the mover without reference either to speaker or clerk. This done the doors were thrown open, and the members passed forth. Immediately after the adjournment the king signed a proclamation dissolving the parliament; but it was not published till the 4th, and was followed on the 10th by a declaration justifying the dissolution. "Eleven years," says Gardiner, "were to pass away before the representatives of the country were permitted to cross that threshold again."

On 1st April, 1629, king Charles I. granted a charter, under the great seal, confirming the charter, dated 7th August, 1621, (fn. 34) by James archbishop of Glasgow to duke Ludovic and his heirs male and successors heritably of the office of bailiary and justiciary of the barony and regality of Glasgow. (fn. 35)

On 8th August the town council ordained that such of the heritors of the town's lands set out to them in feu as had not obtained charters should obtain them, on payment to the treasurer, for the use of the town, of ten merks for each acre of the feu, but that warrandice would not be given. (fn. 36)

On the nomination of the archbishop, Gabriel Cunningham, merchant, was, on 6th October, elected provost, and from a leet of nine the archbishop, on the same day, selected Colin Campbell and James Stuart, merchants, and John Padie, craftsman, to be bailies. These elections being made, the provost, with the old provost, bailies, and council, by a majority ordained that in future no merchant or craftsman should be put on the leet for bailies save for one year, and that no bailie then in office, or who might afterwards be appointed, should exercise the office for a longer period then a year. The town clerk was absent from this meeting attending "the justice aire," and William Yair, who was acting for him, was also absent presenting the leets to the archbishop when the above resolution was come to by the council. On his return, however, he was directed to record the resolution. (fn. 37) On 17th October the provost and the old and new bailies elected thirteen merchants and twelve craftsmen to be councillors, the previous provost being one; and on 21st October the magistrates and council elected Patrick Bell to be dean of guild, William Neilsoun, younger, to be deacon convener, Thomas Gray to be visitor, Robert Paterson to be treasurer, and John Briscatt to be master of work. (fn. 38) The action of the council in regard to this election of the magistrates appears to have caused displeasure to the government, for on 4th December the provost and twenty-three others wrote a letter to the earl of Traquair, lord high commissioner to the parliament, "deprecating his displeasure at the form observed by them in the election, excusing themselves that the condition of the late archbishop, who had the nomination, was such that they could not present the leets to him as formerly without offence; and that they had no intention of usurping any rights or taking any advantage of the time, but only conceived they took the most peaceable method." (fn. 39) It would thus appear, though the council minutes represent the contrary, that the elections of the magistrates had been made without the sanction of the archbishop.

On 21st January, 1630, the town council authorised Gabriel Cunningham, provost, and commissioner to the convention of burghs, to undertake for Glasgow, along with Edinburgh and such of the other royal and free burghs as were prepared to join in the enterprise, the plantation of Stornoway, (fn. 40) the liabilities of the several burghs being in the ratio of the liability of each taxation under the burghal stent roll; and he was appointed "to consider and deliberate weill anent the toune's weill thereanent." He accordingly attended a meeting of a particular convention at Edinburgh on the subject, (fn. 41) and reported the result to the town council on 6th March. (fn. 42)

On 6th March, 1630, the town council resolved that the steeple of the Trongate Kirk, known also as St. Marys, the Laigh Kirk, and the New Kirk, should be "hightit" in the best and most commodious form. A new well in the Trongate was on 24th April ordered to be slated in the best form, and two pumps made thereto. On 8th May the treasurer was directed to buy as much red kairsey (kersey) cloth as could be made into a coat, breeks, and hose to each of the town's officers, and on the 15th the council "thought it expedient that ane trustie youth be maid ane poist for this burgh for ane yeir to cum." (fn. 43)

On 29th May, 1630, the queen gave birth to a son, who, on 27th June, was baptised as Charles, and was destined, after many strange vicissitudes, to sit upon the throne of his father and grandfather as Charles II. (fn. 44)

By a charter under the great seal, of date 28th June, king Charles I. confirmed all the foundations, mortifications, donations, rights, securities, &c., which had been conferred on the University and College, particularly those rights and revenues which had previously belonged to the friars preachers, and the vicars of the choir of Glasgow, and to various chaplainries and altarages in the city and the neighbourhood, and also certain customs and duties leviable within the burgh, and the right of patronage of the churches of Govan, Renfrew, Kilbride, Dalziel, and Colmonell, and the parsonage and vicarage teinds thereof; also the privileges, jurisdictions, immunities and exemptions from taxation conferred on the University and College by his royal ancestors, by his father king James VI., by William Turnbull, bishop of Glasgow, and the other bishops or archbishops of the see, and by all other persons whomsoever, either lay or clerical. This charter also allocated the several salaries payable to the principal and regents of the University, under burden of the stipends to the ministers of the several parishes specified. (fn. 45) This charter was ratified by parliament on 28th June, 1633; without prejudice to the rights of James, duke of Lennox, and his heirs and successors in regard to the infeftments and heritable rights of the office of bailiary and justiciary of the barony and regality of Glasgow; and also under reservation to the magistrates and councillors of the chaplainries of St. John and St. Mary belonging to the burgh; and of the privileges of the meal market beside the kirk of the Blackfriars. It also provided that the University should be exempted,—for its own members resident within it and its servants only, and the houses, lands, and tenements belonging to it in property, but not the tenants dwelling in its houses within the burgh,—from the taxations and other impositions leviable from burgesses of the burgh. It was, however, declared that the exemption of the University, granted to it by its late infeftment, should not derogate from the rights and liberties of the burgh, nor from any right which the archbishop and his successors had to the tron, metts and measures of Glasgow, and from any other thing appertaining to them. (fn. 46)

On 28th July a convention of the estates was held in Edinburgh, and to meet the king's urgent necessities a taxation was granted of thirty shillings upon the pound land, payable at four terms, and of this taxation the lord chancellor Hay was made collector. (fn. 47)

It would appear that at this time and previously the magistrates of the city enjoyed some pecuniary advantages. An act of the town council, dated 18th September, sets forth that having due consideration to the fact that it had been the practice for several years to exempt from the king's taxation not only the newly elected magistrates "such as the provost and bailies" but also "contrary to all reason and equity" the provost and bailies of the preceding year, it was therefore ordained that in future this exemption should only apply to those magistrates elected after Martinmas and for the year of their office. (fn. 48)

On 5th October, Gabriel Cunningham was re-elected provost on the nomination of the archbishop, who, from a leet of six merchants and two craftsmen, elected George Barclay and Walter Stirling, merchants, and Thomas Morsoun, cooper, to be bailies, and they were appointed accordingly. On the 8th, thirteen merchants and twelve craftsmen were elected councillors; and on the 13th, John Bornes was elected dean of guild; John Anderson, deacon-convener; Thomas Gray, visitor; Ninian Gilhagie, treasurer; William Anderson, master of work; and Gilbert Marshall, procurator-fiscal. (fn. 49)

On 19th March, 1631, the bell house in the Trongate was ordered to be taken down to the ground, (fn. 50) and on 11th June three hundred merks were ordered to be paid to the laird of Kelburn towards the cost of building a pier at the Kelburn-foot which might be "steddable" to the merchants of the burgh. (fn. 51)

In 1625 the plague which broke out in London, and extended throughout England, disappeared for two or three years, but reappeared in London in 1630, and extended to the provinces, where it carried off many victims. (fn. 52) The alarm consequent on its ravages induced the town council of Glasgow, on 9th July, 1631, to issue a proclamation prohibiting all persons within the burgh from going to England where the pest was, and all persons coming thence from repairing to their houses in the burgh. Wives also were prohibited from receiving their husbands, and masters their servants, coming from the infected places, without leave given by the provost and bailies. Violation of this order was punishable by a fine of five hundred merks, and liability to such other pains as might follow thereupon. (fn. 53) A merchant who transgressed this order was deprived of his freedom on 23rd July. (fn. 54)

On 23rd July, 1631, £1,058 6s. Scots (£88 3s. 10d. sterling) were ordered to be paid for a new bell to be placed in the Trongate steeple, and that "by and attour the auld bell." (fn. 55)

On 4th October, 1631, the council, at the desire of the archbishop, admitted Gabriel Cunningham, the former provost, to be provost for the following year; and from a leet of six merchants and three craftsmen the archbishop nominated James Stewart and John Anderson, merchants, and John Padie, skinner, to be bailies. Three days later the provost and old and new bailies elected thirteen merchants and twelve craftsmen to be councillors. On the 12th of the same month the council and persons joined to them for electing the dean of guild and deacon-convener, elected John Barnis to be dean of guild and John Anderson to be deacon-convener. Ninian Gilhagie was also appointed to be visitor of the maltmen and mealmen; John Wilson to be treasurer; and Archibald Faulds to be master of work. Three days later, John Padie having died before he accepted the office of bailie, the archbishop nominated Walter Douglas to be bailie. (fn. 56)

On 7th October the town council ordained that no person should appear before the magistrates as a procurator until he had been duly admitted to practise before them; that no procurator, except the procuratorfiscal, should come within the inner bar, or be permitted to appear for defence of blood or wrongs; or be allowed to state written defences in actions involving £20 and lesser amounts; and that if the provost or magistrate sitting in judgment allowed any one to violate this order, he should be liable in a penalty of £40, to be paid to the treasurer for the use of the burgh. (fn. 57)

On 29th October thirty-seven constables were appointed for the city to hold office for a year. (fn. 58)

In accordance with the resolution of the general assembly held at Aberdeen in July, 1616, (fn. 59) a prayer book was prepared and completed in 1619, but was not brought into use. The popular resistance to the articles of Perth had induced king James to authorise an assurance to be given the parliament of 1621 that, if the articles were confirmed, no further innovations would be made. But the influence which Laud had established over the king previous to 1629 was such as to induce his majesty to disregard the previous arrangement and to order the draft of the service book, which had been approved of by the Scottish episcopate, to be submitted to Laud. It did not harmonise with his high church notions, however, and he urged that the English liturgy should be substituted, so that there should be uniformity of service throughout the kingdoms. The danger of such a course was represented both to the king and to Laud. The Scottish people, they were assured, were not only largely puritan but, as an independent nationality, were jealous of any interference by foreigners with their habits of thought and action. But this warning was unheeded, and it was resolved by them that the English service book should be introduced, and its use made obligatory in Scotland. However much the danger of this resolution may have been apparent to the Scottish bishops, they were afraid to offer it strenuous opposition, and though some of the clergy had the courage to represent to the king the danger of the course on which he was entering, (fn. 60) he, with his constitutional obstinacy, adhered to his purpose. The result was to be afterwards seen.

On 2nd October, 1632, the council, at the request of the archbishop, reappointed Gabriel Cuninghame to be provost for the following year; from a leet of six merchants and three craftsmen submitted to him by the council, the archbishop selected George Barclay and John Barnis, merchants, and John Anderson, cordiner, to be bailies, and they were appointed accordingly. On the 5th of the same month, thirteen merchants and twelve craftsmen were elected councillors, and on the 10th Henry Glen was appointed dean of guild; Ninian Anderson, deacon-convener; Ninian Gilhagie, visitor of maltmen and mealmen; Ninian Paterson, treasurer; James Padie, master of work; and eight merchants and eight craftsmen stent masters. (fn. 61)

Archbishop Law having died in November, 1632, (fn. 62) Patrick Lindsay was translated by king Charles I. from the see of Ross to that of Glasgow, by charter under the great seal, dated at Whitehall, 16th April, 1633. (fn. 63) On 27th April, the town council appointed the provost, or, failing him, another person to go to St. Andrews and see the archbishop "ressavit" there; and on 11th May the treasurer was authorised to get a warrant for two hundred and fifty merks (£13 17s. 9d. sterling) disbursed by him to the provost, as the charges of himself and his company attending the archbishop on the occasion. (fn. 64)

In May, 1633, the king's long contemplated visit to Scotland took place. He left London with a large train of attendants, including the duke of Lennox, the marquis of Hamilton, the earl of Morton, Dr. Laud, bishop of London, and Dr. White, bishop of Ely, and on the 8th reached Berwick, where he remained till the 12th. Three days later he arrived at Dalkeith, where he was entertained by the earl of Morton, and on Saturday the 15th he entered Edinburgh in state, and took up his residence in Holyrood. (fn. 65) On the following day he attended divine service in the chapel royal, when his own chaplain, the bishop of Dunblane, officiated. (fn. 66) He passed the night of the 17th in the castle, and next day proceeded in state to the abbey church of Holyrood, where, after sermon by bishop Lindsay of Brechin, he was crowned king of Scotland. (fn. 67)

On the 20th of June the Scottish parliament assembled in the old parliament house above St. Giles church, and was opened by the king in state. (fn. 68) Provost Gabriel Cuninghame represented Glasgow at this parliament. (fn. 69) After being fenced the lords of the articles were chosen—eight prelates, eight nobles, eight barons, and eight burgesses, of which last Cuninghame was one. (fn. 70) Thereupon parliament rose, and the king returned in state to the palace. On the 21st and 22nd he attended the meetings of the lords of the articles in the laigh tolbooth, and on the 23rd (Sunday) he was present at divine service in St. Giles church, (fn. 71) after which he was entertained by the town of Edinburgh at a banquet. (fn. 72) On the 24th, being St. John the Baptist's day, he went in state to Holyrood chapel, and after making a solemn offertory, touched about one hundred persons suffering from king's evil, and hung by a white ribbon on the neck of each person so touched a gold coin prepared for the purpose. (fn. 73) On the 26th and 27th he attended meetings of the lords of the articles, who on the latter day finished their business ; and on the 28th parliament re-assembled—the king being present in state—and ratified the acts which had passed the lords of the articles. The first of these acts granted the king a tax of thirty shillings on the pound land at each of six specified annual terms, and the sixteenth penny of all annual rents. (fn. 74) Of this taxation the marquis of Hamilton was appointed by the king to be collector-general. The third act ratified the prerogative of the crown over all estates, persons, and causes, and approved, and perpetually confirmed the statute of 1606 thereanent; it also ratified the statute of 1609 in reference to the apparel of judges, magistrates, and kirkmen; and ordained that his majesty's warrant as to the apparel of churchmen in Scotland should be registered in the books of parliament, and have all the strength of an act of parliament. (fn. 75) A fourth act ratified all acts made by previous parliaments touching religion, and so practically confirmed the episcopal government and worship. (fn. 76) Further, and as Balfour states, to bind the people of Scotland the more to observe these statutes, the king's general revocation was ratified, (fn. 77) so as to be "ane bond ouer men that wold presume to attempt anything against the two former acts." (fn. 78)

To this parliament belongs the credit of having passed an act giving statutory ratification to the establishment of a school in every parish. Seventeen years previously the privy council, by an act dated 10th December, 1616, had ordered that in every parish where convenient means might be had for entertaining a school, a school should be established, and a fit person appointed to teach it, at the expense of the parishioners, "according to the quantity and quality of the parish," and at the sight and by the advice of the bishop of the diocese; and all the bishops were required, each within his own diocese, to arrange with the parishioners some certain, solid, and good course by which these schools might be maintained. (fn. 79) But this order does not appear to have received general effect, for Row states that eleven years afterwards a proclamation was issued requiring every minister, with the help of two or three of his parishioners of best skill, to report as to the state of his parish. (fn. 80) A number of these reports which have been preserved, (fn. 81) show that schools existed but in few parishes, and that in many cases the parishioners chosen to help the ministers in reporting were unable to sign their names. Such was the educational condition of Scotland when parliament ratified the act of the privy council, and authorised the bishops in their visitations, with consent of the heritors and most part of the parishioners, and if the heritors, after being lawfully warned, failed to appear then with consent of the majority of the parishioners, "to stent upon every plough or husband land according to its worth for the support of the schools." (fn. 82) In virtue of this legislation schools were established, and the advantages of education were secured to the youth of Scotland.

Another act was passed in the same parliament by which, in consideration of the expense incurred by Glasgow in making the Clyde navigable, in maintaining the bridge and cathedral, and in building a tolbooth and churches, (fn. 83) all the charters, infeftments, writs, and evidences granted in favour of the provost, bailies, councillors, and community, were confirmed, and specially the charters by Alexander III., of 1275, (fn. 84) by Robert I., of 1324 and 1328, (fn. 85) by Queen Mary, of 1566–7, (fn. 86) and by James VI., of 1611, (fn. 87) the decree of the lords auditors, of 1469, (fn. 88) and its ratification by James III., of 1479, (fn. 89) the act of secret council, of 1600, (fn. 90) and the decrees of the court of session, of 1575 and 1607. (fn. 91) This confirmation was given, however, without prejudice to the rights of (1) James duke of Lennox and his successors in their office of bailiary and justiciary of the barony and regality of Glasgow; (2) of the archbishop and his successors as regarded their right to elect and nominate the magistrates of the burgh, and also their rights to any lands, teinds, privileges, or liberties belonging to them; and (3) of the university. (fn. 92)

After passing these and other acts the parliament concluded its work on the 28th of June, and adjourned till the 1st of November, the king returning in state to Holyrood. (fn. 93) On the 28th of June the king and Laud met the bishops and other ministers to consider as to the introduction into Scotland of the English service book, and the Scottish bishops represented the objections which would be entertained in Scotland to such a proceeding. But they did not venture to assert the independence of their church or to represent the deep feeling of the country. Their objections were confined to technical details, and the king consented to the preparation of a liturgy "as near that of England as might be," so the book of 1619 was allowed to disappear. (fn. 94) On the following day the king commenced his progress in the country, and after visiting Linlithgow, Stirling, Dunfermline, Falkland, and Perth, returned to Falkland, whence he proceeded to Edinburgh via Burntisland and Leith. (fn. 95) On 18th July he commenced his return journey to England. (fn. 96)

The gift by queen Mary to the university in 1563, (fn. 97) supplemented by that of king James in 1577, (fn. 98) by subsequent private benefactors, and, according to M'Ure, by the liberality of archbishop Law, still left this institution in an incomplete and unsatisfactory condition. But about the year 1630 Dr. John Strang, who had been appointed principal in 1626, succeeded by means of private subscriptions, in having the buildings extended and the library improved. The north and east sides of the inner court of the College were erected, and a considerable space of ground which formed part of the grants to it by lord Hamilton in 1459, Sir Thomas Arthurlie in 1466, and queen Mary in 1563, was enclosed and laid out as gardens. Towards defraying the cost of the improvements, it is said, about £2,000 sterling were obtained, and the king's sympathy with the object induced him to intimate on 14th July, 1633, his intention to contribute £200 sterling. His own troubles, however, prevented the payment of the sum thus promised. Among the many contributors at this time were archbishop Spottiswood of St. Andrews, and archbishops Law and Lindsay of Glasgow, each of whom gave a thousand merks (£55 11s. 1d. sterling); the burgh of Glasgow subscribed towards the buildings and the extension of the library 2,750 merks (£152 15s. 6d. sterling). The burghs of Stirling and Ayr also gave three hundred merks (£16 13s. 4d. sterling) each, while the burgh of Irvine contributed £100 Scots (£8 6s. 8d. sterling). Among the subscribers to the promotion of this object were a large number of Scottish noblemen, courtiers, and gentlemen who thus anticipated, to some extent, as regarded the old university, the liberality of modern benefactors, and in particular the munificence of the marquis of Bute, who, by erecting the Bute hall, has done so much to dignify and complete the structure at Gilmorehill.

In connection with the military drills of the inhabitants at this time, it may be noticed that on 24th August, 1633, the town treasurer was directed to pay to James Aitcheson, drillmaster, £40 scots for two hundred and nineteen books sent by him to the burgh, "beiring the forme of dreilling"; and every young man of "mid and guid qualitie," who might afterwards be received as a burgess, was appointed to take a copy for which he was to pay four shillings to the treasurer. (fn. 99)

On 1st October, 1633, the bailies and council, on the nomination of the archbishop, elected William Stewart to be provost, and, from a leet of nine, the archbishop appointed George Mure and John Maxwell, merchants, and William Howie, litster, to be bailies. (fn. 100) On the 4th of the same month, thirteen merchants and twelve craftsmen were elected councillors, and, on the 9th, Henry Glen was elected dean of guild, Ninian Anderson, deaconconvener, Ninian Gilhagie, visitor, Richard Allan, treasurer, and James Padie, master of works. (fn. 101)

On 14th November, 1633, the council empowered the provost, Gabriel Cuninghame, and Patrick Bell to treat and agree with the marquis of Hamilton, collector-general of the extents granted to the king by parliament on 28th June, as to a reasonable composition to be taken from all the inhabitants in lieu of the taxation then authorised. (fn. 102) The result of the negociations which followed upon this appointment was the completion of an agreement, confirmed by an act of exchequer, and embodied in a deed dated at Edinburgh on 13th December, 1633. By this deed the commissioners for Glasgow became bound to pay at Whitsunday, 1634, 20,000 merks (£1,111 2s. 2d. sterling), for the "two of ten" granted furth of the annuals of the terms of Martinmas, 1633, Whitsunday and Martinmas, 1634 and 1635, and Whitsunday, 1636; also £9,000 Scots (£750 sterling) for the taxation of the sixteenth penny granted furth of the annuals of the terms of Martinmas, 1634, Whitsunday and Martinmas, 1635, and so forth during the whole years and terms of the taxation. No persons were to get the benefit of this agreement save inhabitants, actual burgesses, merchants, and craftsmen, who were liable to watch, ward, and extent, and had been in use for several years to be extented within the city, the rector, principal, dean of faculty, and four regents of the college, with the consistory and members thereof, and the relicts, children, and servants of such persons. Honorary burgesses, and persons who did not make their actual residence with their families, were excluded from participation in the benefits of this arrangement. (fn. 103)

On 20th November, 1633, the archbishop considering that the communicants in Glasgow exceeded five thousand, while there were but three ministers, and also the desire of the inhabitants to have Dr. James Elliot to be one of their ministers "for their better comfort and instruction," ordered an edict to be served by the then readers. In response, the magistrates and council appeared and declared their contentment to have Dr. Elliot as one of their ministers. Delay was, however, sought to enable them to resolve on the most convenient way to provide a stipend for him, and a week was allowed them. (fn. 104)

On 1st February, 1634, the town council appointed Mr. John Dunlop and Mr. John Hutchison, town clerk, to proceed to Edinburgh and oppose, before the lords of exchequer on the 8th of that month, the granting to Sir John Shaw of Greenock of a crown charter constituting Greenock a burgh of barony. On the 15th of the month they reported their proceedings to the council, and the treasurer received a warrant for £46 Scots to defray their expenses in connection with the journey. (fn. 105)

On 15th March the town council, on the application of the visitors and other members of the maltmen, passed an act by which on the narrative that at the desire of various noblemen many of their footmen and other servants were admitted burgesses gratuitously, and that being so admitted, they afterwards took up their residence within the burgh, and, being unable to pursue any other calling, entered with the maltmen in consequence of the smallness of their fines (20 merks); that the result of this was so to impoverish the maltmen as to disable them from assisting their poor brethren. They therefore craved liberty to exact from every person so admitted gratis a sum of forty merks, and that notwithstanding the restriction in the letter of guildry. This act, it was however declared, was to extend only to strangers not paying burgess fines, and was not to apply to the sons or sons-in-law of burgesses, or to apprentices. (fn. 106)

At this time there was no market place above the Wyndhead, and the town council apprehended that the houses there would fall into decay, as they could not be let at proper rents. They therefore deemed it to be necessary that the markets should be scattered over various parts of the town, and with that view ordained, on 24th May, 1634, that the daily horse market should, except during the annual fair time in July, be held between the Kirk port, the Stable green port, the Drygate head, the Wyndhead, and the Rottenrow; and that the salt market, the corn market, the market for lint seed and hemp seed should be held above the College, where the horse market had previously been held. The officers of the burgh were also required to urge all persons—sellers of horses, salt, horse corn, lint seed, and hemp seed—to make their several markets at the places so specified. (fn. 107)

On 21st June, 1634, Patrick Bell was elected commissioner to the convention of burghs to meet in Edinburgh on the following month, and on the 28th was instructed to advise with the town's lawyers there as to the best way to obviate the exorbitant customs taken by the burghs of Dumbarton and Renfrew on the Clyde, and to follow out such measures as they might advise. (fn. 108) A summons, accordingly, seems to have been prepared against Dumbarton, for on 26th July when Bell reported what he had done, authority was given to pay John Nicoll and his man for the summons, (fn. 109) and on 29th November the town clerk was appointed to ride to Edinburgh "anent the caus persevit be the toun aganes Dumbarton, when he sall be adverteisit to that effect." (fn. 110) This process appears to have been still in dependence in September, 1636, when the provost, Colin Campbell, was in Edinburgh in regard to it and other matters. (fn. 111)

Under the authority of a decree of the privy council, dated 3rd July, 1632, the town council of Edinburgh established at Paul's work in that city a correction house, in which such idle masterless persons and sturdy beggars as were apprehended by the constables might be employed in work, and the results of the experiment proved so highly beneficial (fn. 112) that king Charles I., by letters patent, under the great seal, dated 14th May, 1634, empowered the magistrates of all royal burghs to establish similar houses, and to exercise with reference to them the powers which Edinburgh possessed. On the 8th of July, accordingly, the town council of Glasgow empowered Patrick Bell to arrange for the establishment of a correction house in Glasgow. But it was conditioned that the town should not be bound to buy or build and maintain such a house sooner than it might please the council to do so. (fn. 113) In 1635, however, they acquired from the earl of Glencairn the manse of the prebend of Cambuslang, situated on the south side of Drygate Street, and converted it into a correction house; (fn. 114) on 22nd August they ordained an agreement to be made with a man to take the charge of it; on 19th September a warrant was granted to the treasurer for eighty-four merks disbursed by him for a mill to the house; and on 3rd October he received one hundred merks to be paid by him, under the direction of the council, to John Porter, master of the house, to enable him to fee servants, and a further sum of three hundred merks to be applied in the purchase of wool and materials, and for a wheel. (fn. 115) On 11th November the master was reimbursed £26 16s. for sustentation of the "younge sonis" and others put therein, and also £16 12s. 8d. sterling for the purchase of more wheels. (fn. 116)

The election of the magistrates and council for the year 1634–5 was made on 30th September, 1634, when, on the nomination of the archbishop, Patrick Bell was elected provost. Immediately after his election the provost with the bailies and council passed an act in which, considering that the first and best burghs of the realm were in use to apply all unlaws paid by transgressors of the town's statutes, "committeris of blood and wrangis, regraitters, foirstalleris, and all other personis quhatsumevir lyable to unlaws for wrang and injure done within the privilege of the burghe" to pious uses, and for the benefit of the burgh, it was ordained that all such unlaws, which were previously due to the provost and bailies, should in future be uplifted and applied exclusively, ad pios vsus, and for the use and common affairs of the town. (fn. 117) Immediately afterwards, from a list of six merchants and three craftsmen presented to him by the council, the archbishop selected Mr. John Dunlop and James Hamilton, merchants, and Ninian Anderson, cordiner, to be bailies, and they were elected accordingly. On the 3rd of October thirteen merchants and twelve craftsmen were elected councillors by the provost and the old and newly elected bailies; and on the 8th, John Barnis was elected dean of guild; Gavin Neisbet, deacon-convener; Ninian Gilhagie, visitor of maltmen and mealmen; and John Marshall, treasurer. (fn. 118)

On 18th October the council considering the necessity for having a man possessing skill and knowledge of such work to take charge of "the great metropolitan kirk of the city," that "faults and decayit pairtis thereof might be timely taken notice of by him," appointed Matthew Colquhoun, wright, to be overseer of the kirk, the keys of which were delivered to him accordingly. (fn. 119) This appointment was followed on 4th July, 1635, by an act of council which set forth the special duties to be performed by Colquhoun, and fixed his salary at £120 Scots (£10 sterling), payable half-yearly, at Whitsunday and Martinmas. (fn. 120)

An entry in the council records, of date 29th November, to the effect that the provost, bailies, and council, "all in ane voce" had "concludit to send to the president twa half barrellis of herring," (fn. 121) refers to what had long been the practice of the town council to send presents of herrings to its law advisers in Edinburgh, and other persons whose friendly services it was considered desirable to propitiate. (fn. 122) The president here referred to was Sir Robert Spotswoode, of New Abbey and Dunnipace, the second son of John, archbishop of St. Andrews. (fn. 123)

In 1635 the magistrates and council were anxious to acquire the lands of Gorbals and Bridgend from Robert, viscount Belhaven, to whom they had been conveyed in January of the previous year by Sir George Elphinstoun, who died in the same year; and on 23rd June Patrick Bell, provost, was authorised to go to Edinburgh and endeavour to negotiate the purchase. (fn. 124) As the result of the negotiation, the council on 8th July agreed to buy the lands at the price of 100,000 merks (£5,555 11s. 1d. sterling) on receiving a valid title, an entry with the superior at the seller's expense, and an undertaking by the seller to use his best efforts to effect an arrangement with the college as regarded the teinds of the lands; (fn. 125) and on 21st July the provost was commissioned to return to Edinburgh and arrange for the purchase on these terms. (fn. 126) From some cause, however, which does not appear, these negotiations failed.

In consequence of the ruinous condition of the kirk of the Blackfriars, which had been conveyed to the college, it was arranged between the town council and the principal and regents, with consent of the archbishop and two of the ministers of the burgh,—one of them being the rector and the other the dean of faculty of the college,—that the fabric of the kirk and the kirkyard should be transferred to the town council, who undertook to repair it; to contribute 2,000 merks to the college towards building its "new wark" and library, to reserve to the college and its students and scholars the seat next best to that of the magistrates, and to allow the kirk itself to be used at the institution of masters, and at all other seasons. (fn. 127) The principal and regents accordingly, by a disposition, dated 4th June, 1635, with the consents before mentioned, conveyed to the burgh, subject to these conditions, the kirk itself with the kirkyard west from the gable of the kirk to the meal market, and a piece of ground eleven ells in breadth along both the south and north walls of the kirk, within the yard called the Blackfriars yard, for enlarging the kirk at their pleasure. On the other hand, the masters of the college undertook to give to the sons of burgesses, while students, four of the new laigh chambers at the college. (fn. 128) This disposition was followed two days afterwards by a contract between the archbishop, with consent of the chapter of the first part, the provost, bailies, and council of the second part, and the principal, regents, and masters of the college of the third part, by which, on a narrative of the arrangement set forth in the previous deed, and of the fact that a sum of money had been raised by the inhabitants to be invested and held by the council, who were to endow a minister with a stipend of one thousand merks (£55 11s. 1d. sterling), (fn. 129) warrant was granted for the resignation of the church into the hands of the provost for a new erection of it in favour of the town, and it was accordingly resigned for that purpose. (fn. 130)

Whether the success which had attended the king's dealings with the tithes in Scotland induced him to think that he could with impunity interfere with and regulate the ecclesiastical arrangements of the country, independently equally of general assemblies and parliament; or whether Laud—in the ascendancy which he had established over Charles—had impressed him with the belief that the Scottish people would submit to have their religious predilections overborne, and an alien service book, moulded in conformity with English ecclesiasticism, forced upon them, does not appear clear. But that he was determined to assimilate the Scottish service to that of England is obvious. With that view he ordered Dr. James Maxwell, one of the ministers of Edinburgh, to bring the draft of the Scottish service book to England, and to submit it to Laud, who advised the king to "take the English liturgy without any variation, that so the same service book might be established in all his Majesty's dominions." Maxwell, however, warned Laud of the dangerous consequences of such action, but he adhered to his resolution, and so advised Charles, who approved of the advice. During the king's visit to Scotland to be crowned, and to attend his first parliament, he manifested his resolution to follow the advice of Laud, whose elevation to the archbishopric of Canterbury shortly after his return to England only gave him greater power. Doubtless also, to one of the æsthetic taste of Charles, the plainness of the presbyterian form of worship, the long extempore prayers, and the protracted sermons of the ministers were an offence and weariness. It was under these combined influences that, on 13th May, 1634, he wrote to the Scottish bishops that there was "nothing more defective in that (the Scottish) church than the want of a book of common prayer and uniform service to be kept in all the churches thereof, and the want of canons for the uniformity of the same," and required them "to condescend upon a form of church service to be used therein, and to set down canons for the uniformity of the discipline thereof." (fn. 131) This was followed early in the following year by the submission to Laud and Juxon (fn. 132) of a draft of canons for the Scottish church, and to Laud and Wren (fn. 133) of a draft of a new prayer book, and these, as altered and adjusted by the English prelates, were afterwards submitted to the Scottish bishops for their approval.

On 23rd May, 1635, the king sanctioned "Canons and Constitutions ecclesiastical for the government of the church of Scotland," and ordained them to be observed by the clergy and all others whom they concerned. But they were not issued till the following year. By these canons it was, inter alia, set forth that "whosoever should affirm that the king had not the same authority in causes ecclesiastical as 'the godly kings had amongst the Jews and Christian emperors in the primitive church,' or impeach, in any point, his royal supremacy in causes ecclesiastical, should be excommunicated, and restored only by the archbishop of the province, after repentance and public revocation of his errors." "Whosoever should affirm that the doctrine of the church of Scotland, the form of worship contained in the book of common prayer and administration of the sacraments, the rites and ceremonies of the church, its government under his majesty by archbishops, bishops, and others bearing office therein, and the form of making and consecrating archbishops, bishops, presbyters, and deacons, as established under his majesty's authority, contained anything repugnant to the Scriptures, or were corrupt, superstitious, or unlawful in the service and worship of God, should be excommunicated, and not restored but by the bishop of the place, or the archbishop of the province, after repentance and public revocation of his errors." No layman, whatever were his gifts of learning, knowledge, or holiness, was to exercise any of the functions of presbyters or deacons without previous ordination and the licence of the ordinary. No lay persons were to minister the sacraments under the pain of excommunication. Every person was to communicate with his own presbyter once a year at least, and the sacrament was to be received with bowing of the knee. All conventicles and secret meetings of churchmen were forbidden, and it was declared that the decrees in matters ecclesiastical of national synods called by the king's authority should bind all persons, whether absent or present, to obedience. All persons were to kneel when the confession and other prayers were read, and to stand up at the singing of the creed. No presbyter or reader was "to conceive prayers extempore," or to use any other form in the public liturgy than that prescribed, under pain of deprivation. The keeping of fasts on Sundays was declared to be unlawful, and the "things pertaining to the church" were carefully prescribed. Every church was to be provided, at the expense of the parish, with a Bible and book of common prayer, with a font to be placed near the door, and a cloth of fine linen for baptism—with a comely and decent table for the holy communion to be placed at the upper end of the church or chancel, and to be covered during divine service with a carpet of decent stuff, and during ministration with a white linen cloth—with basins, cups, or chalices of some pure metal set on the table, and reserved to that use only, and with a pulpit and alms chest. (fn. 134) Such were the Scottish canons framed on the model of the English canons of 1604, and revised by Laud and Juxon. No attempt was made to have them considered or approved by an assembly of the church of Scotland, and whatever authority they claimed was derived exclusively from the sanction of the king. In this respect they are unique—" a complete code of laws for the government of a church, issued by a sovereign without official consultation with the responsible representatives of that church, being unexampled in European history." (fn. 135) All that could be said on their behalf as being invested with ecclesiastical authority, was that the Aberdeen assembly of 1616, in sanctioning the preparation of a new book of canons, (fn. 136) had authorised it to be drawn furth of the books of former assemblies, and where these were defective the defects were to be supplied by canons of councils and ecclesiastical conventions in former times. (fn. 137) This, however, did not point to the establishment of a liturgy, but to the improvement of one in use by a committee appointed by the assembly. It is noticeable also that these canons required obedience, under the pain of excommunication, to a liturgy not then published.

On 6th October, 1635, the bailies and council, on the nomination of the archbishop, re-elected Patrick Bell to be provost; and from a leet presented to the archbishop by the provost, bailies, and council, he selected Colin Campbell and Henry Glen, merchants, and Gavin Nisbet, craftsman, to be bailies for the following year, and they were elected accordingly; on the 9th the old magistrates and those in office elected thirteen merchants and twelve craftsmen to be councillors, and on the 14th John Barnis was elected dean of guild; Ninian Gilhagie, deacon convener; William Wilson, visitor of maltmen and mealmen; John Anderson, treasurer; and Peter Gemmill, master of works. (fn. 138)

In the tax roll of the burghs set down by the particular convention held at Edinburgh in this month, the six largest burghs' parts of taxation in respect of each £100 levied was stated to be as follows:—Edinburgh, £28 15s.; Dundee, £9 6s. 8d.; Aberdeen, £8; Perth and Glasgow, each £5 10s.; and St. Andrews, £3. (fn. 139)

On 25th November the town council, considering the great contempt into which the office of water bailie had fallen by the admission to it of "divers decayed and depauperat persons," and being desirous to restore it "to the old worthie and laudable estait quhairin it once wes," determined to elect to it "ane of the best suit and rank of the counsell," and to set down the form of his election and the jurisdiction appertaining to the office. Three days later Walter Stirling was elected water bailie till Michaelmas following, (fn. 140) and on 12th December it was resolved that in future " a special honest man of guid qualitie," and a burgess, should be elected water bailie, along with the dean of guild and deacon convener. The river bailie so elected, it was declared, should have power to set down prices upon the "killeing" [cod], and take order with and punish the "coopers" [dealers] and other sellers of herrings and other fishes, and all persons who violated the acts made and to be made anent the river, and to take caution of every such person to appear before the provost, bailies, and river bailie on a court day for judgment. The fines to be imposed and levied by the river bailie were ordered to be applied to pious uses, and the water sergeants were subjected to his command. He was appointed to be an ordinary councillor of the burgh during his tenure of office, for a year or at most for two years; he was empowered to depose the water sergeants for proved wrongs and to elect others with the advice of the magistrates and council; he was required to prevent his sergeants from taking more than their just dues; and also to cause them to collect and distribute truly the duties of the leper hospital beyond the bridge. (fn. 141) On 19th December Colin Campbell, younger, was elected water bailie, to hold office till the next election of the dean of guild and deacon convener, and an annual fee of £10 was appointed to be paid to the water bailie, along with the fees to the provost and bailies. (fn. 142)

Footnotes

1 BalfourII.,p. 132. Gardiner,VI.,pp.48,49.
2 Gardiner, VI., p. 121.
3 Grub, II., p. 236.
4 Act of Parliament, V., p.23. "This," says Burton, "was virtually the proclamation of that contest of which king Charles was destined never to see the end. It professed to sweep into the royal treasury the whole of the vast ecclesiastical estates which had passed into the hands of the territorial potentates from the Reformation downwards, since it went back to things done before king James' annexation. 'Teinds' (the old Scotch word for tenth, called in England tithes) were not named in king James' Act, but they were specified in king Charles' proclamation. He held that what the Crown had given the Crown could revoke; and the terms used by him were interpreted as a revocation, through the exercise of the royal prerogative, of those grants which had been fortified by a parliamentary title in being confirmed by Acts of the Estates. This revocation swept up not only the grants made by the Crown, but the transactions, made in a countless variety of shapes, by which those in possession of Church revenues at the general breaking up, connived at their conversion into permanent estates to themselves or to relations, or to strangers who rendered something in return for connivance in their favour, or for assistance in some shape to enable them to take possession. It was maintained, on the king's part, that the receivers of these revenues, which had belonged in permanence not to the men who drew them, but to the ecclesiastical offices to which they were attached, were illegal; and had this view been taken at the beginning, instead of standing over for upwards of sixty years, we, looking back upon it from the doctrines of the present day, must have pronounced it to be a correct view. The revenues of suppressed ecclesiastical offices are now held to belong to the nation, and are protected by parliament from appropriation by greedy and powerful men" [Burton, VI., p. 75. Balfour, II., pp. 128, 129]. Balfour gives the reasons which induced the king to issue this proclamation, and states that the kingdom suffered much prejudice from the revocation, and that it was in effect "the ground stone of all the mischief that followed, both to the king's government and family."
5 Cunningham, I., p. 503. Gardiner, VII., pp. 276–277.
6 Balfour, II., pp. 142–145.
7 Cunningham, I., p. 503. Gardiner, VII., p. 278.
8 Colin Campbell, thus and in the following year elected dean of guild, was elected one of the bailies for each of the years 1628–9 and 1629–30, and afterwards acquired the lands of Blythswood from Sir Robert Douglas, nephew and successor of Robert, lord Belhaven, to whom they had been conveyed by Sir George Elphingstone in 1634.
9 Council Records, I., p. 356. The commission granted to these bailies has been preserved, and as its terms are interesting it is printed in the Appendix.
10 Council Records, I., p. 358.
11 Ibid., I., p. 360.
12 Ibid., I., pp. 361, 362.
13 Ibid., I., pp. 362, 363.
14 Council Records, I., p. 362.
15 Ibid., I., p. 363.
16 Ibid., I., p. 363.
17 Council Records, I., p. 365.
18 Ibid., I., p. 366.
19 Stubbs' Select Charters, pp. 505–507.
20 Ibid., pp. 288–298.
21 Balfour, II., p. 168. He did not accomplish his visit to Scotland till May, 1632.
22 Council Records, I., p. 367.
23 Original charter in the Archives of the University, No. 322, Blackhouse's Inventory. Mun. Alme. Universitatis Glasgow, I., pp. 220– 226, No. 138. Upon this charter infeftment was expede on 5th December, 1629. Abstract of Charters, No. 190.
24 Antea, pp. cxviii.-cxix.
25 Original charter in the Archives of the University, No. 489, Blackhouse's Inventory. Mun. Alme. Universitatis Glasgow, I., pp. 227. 228, No. 140. Glasgow Charters, part II., pp. 322–324.
26 Antea, pp. xxxiii–xxxiv.
27 The submission by the burghs was approved of by the General Convention held at Perth on 2nd July, 1628 [Convention Records, III., pp. 267, 268].
28 Acts of Parliament, V., pp. 189–196.
29 Ibid., V., p. 197–207. Ratified by the Convention of Estates on 29th July, 1630. Ibid., V., p. 218.
30 When the teinds were drawn from the land separately, they were to be valued by a proof of the teind as drawn; but the fifth of the rental may be said to have been the general rule [Connell on Tithes, I., p. 226].
31 The Commissioners on Teinds in their report gave instances of land being sold at that period at nine years' purchase. Still it is a question often debated how far the sum fixed was a fair value for the teinds.
32 Cunningham, I., p. 504. "In order to understand this arrangement," adds Dr. Cunningham, "it must be remembered that teinds were originally levied out of the yearly produce of the farm. The parson, or his tacksman, went to the cornfield in harvest time, and carried off every tenth sheaf as his own. After the Reformation the lay titulars were found to be more rigorous in the exaction of tithes than their ecclesiastical predecessors, and their exaction was not so patiently borne. No victual could be taken from the field till it was first teinded; and a careless or ill-disposed titular or tacksman might let the crop rot in the stook before he appeared to claim his right, a grievance which was sorely felt, and only partially removed by statutes limiting the time for the removal of the teind. The landowners were now to be enabled to rid themselves of this annoyance, by buying their own teinds, subject to the payment of such a stipend as should be granted to the minister" [Ibid., I., pp. 504, 505]. "The arrangement thus effected," says Gardiner, "is worthy of memory as the one successful action of Charles' reign. In money value it did not bring anything to the Scottish exchequer, but it weakened the power of the nobility, and strengthened the prerogative in the only way in which the prerogative deserved to be strengthened—by the popularity it gained through carrying into effect a wise and beneficient reform. Every landowner who was freed from the perpetual annoyance of the tithe-gatherer, every minister whose income had been increased and rendered more certain than by James' arrangement, knew well to whom the change was owing" [Ibid., p. 280].
33 These resolutions it has been truly said show the commons at their best and worst. If their first resolution had been carried out religious freedom would have been as impossible under their rule as it was under that of Laud; the second and third closed the loophole for arbitrary taxation, which had been left open by the petition of right. It was not, however, to be expected that Charles would accept either. He would not throw over Laud; he could not give up without a struggle a source of income which had been granted as a matter of course to his predecessors. He therefore dissolved parliament, and set himself to the task of moulding the nation to his own view. His first action was to arrest ten members of the commons, and eleven years of arbitrary government followed.
34 Antea, p. ccxci.
35 Stuart's Genealogical History of the Stewarts, p. 271. Great Seal Register, 1620– 33, p. 473, No. 139. The favour shown by king James VI. to the young duke was continued by king Charles I., to whom, in return, he showed a lifelong unswerving devotion. On 8th August, 1641, he was created duke of Richmond [Gardiner's History of England, ix., 416]; and in August of that year he accompanied the king to Scotland along with the Elector Palatine and the Marquis of Hamilton [Ibid., X., p. 3]. On 5th December, 1641, he was appointed lord steward of England [Ibid., X., p. 94], and on the 2nd of February, 1649, he followed the body of his sovereign and friend to its last resting-place in St. George's Chapel at Windsor [Gardiner's History of the great Civil War, IV., 324]. He died on 30th March, 1655, in the forty-third year of his age. He married the only daughter of the duke of Buckingham (who was assassinated on 23rd August, 1628), and with her is said to have received a marriage portion of £20,000. Of this marriage there were two children, a son, Esme, who succeeded his father, and a daughter, the lady Mary, who died without issue in July, 1667. [Douglas Peerage, II., p. 102.]
36 Council Records, I., p. 371.
37 Council Records, I., p. 371.
38 Ibid.
39 Historical MSS., Com. Part II., Ap. p. 257, No. 245, "Traquair House."
40 Council Records, I., p. 372.
41 Convention Records, III., pp. 308, 309.
42 Council Records, I., p. 373.
These references to Stornoway have relation to a matter which occupied a large share of the attention, not only of Glasgow and the other burghs of Scotland, but of the Estates, and which can only here be shortly indicated. As an important branch of national industry specially affecting the trading monopoly enjoyed by the royal and free burghs of the kingdom, the convention of burghs kept a watchful eye on the Scottish fisheries, and jealously guarded the privileges which these burghs enjoyed in respect of the national burdens they had to bear. When, therefore, after the failure of successive adventurers to colonise the Lewis and develop its fisheries, the island came into the possession of the family of Mackenzie of Kintail, the earl of Seaforth, the head of that family, applied to king Charles I. in 1627 for a charter erecting the burgh of barony of Stornoway into a royal and free burgh, the royal and free burghs opposed the application vigorously. The ground of this opposition was stated to be the injury which such a grant would do to the interests not only of Tain and Inverness, the burghs nearest Lewis, but of all the royal burghs, and of the whole realm. John Hay, town-clerk of Edinburgh, was accordingly commissioned by the whole burghs to represent their interests directly to the king and to the Scottish privy council. This he did in such a way as to secure the stoppage of the signature, and an appointment by the king for a meeting with the representatives of the burghs and Seaforth on 4th March, 1630. It was obviously in view of this meeting that the resolution by the town council of Glasgow mentioned in the text was come to, and the success of Hay's mission is indicated by the fact that, on 9th July, he was able to inform the convention that the king had cancelled the signature which he had granted to lord Seaforth, and that he would probably comply with the application of the burghs to be allowed to take the fishing into their own hands. This project evidently had the sympathy of the Estates. While these proceedings were taking place, however, Seaforth, who had expected to receive the charter he asked, entered into arrangements with fishermen from Holland, under which they prosecuted fishing at the Lewis, and so acted towards native fishermen as practically to deprive them of the benefit of the fishing and such other accommodation as the Lewis afforded. When, therefore, the king resolved not to grant the charter to Seaforth, Hay was instructed to urge the king to order the removal of the Flemings, and transfer the fishings to the burghs. Obviously, however, even at this early stage of the negotiations, there was some ground for apprehending that an endeavour would be made to establish an association of English, Scottish, and Irish in the fishing, and Hay was directed to press the claims of the burghs in opposition to those of such an association. There was good ground for this apprehension, for before the burghs could mature their arrangements for undertaking the fishing, the king, by a letter to the Scottish privy council, dated 12th July, 1630, intimated that, with the advice of the privy council of England, he had resolved to establish a common fishery to be a nursery of seamen, and to increase the shipping and trade in all parts of his dominions; and he directed them to advise on the subject with Sir William Alexander, secretary for Scotland, to whom he had sent special instructions in regard to the matter. In order to carry out this project, he, at the same time, intimated that he had resolved to take the Lewis, "which is the most proper seat for a continual fishing along the western coast," into his own hands as adherent to the crown, giving to the earl of Seaforth such satisfaction as was honourable and just. He further declared his purpose to erect in the island one or more free burghs in such places as should be fitting for advancing the fishing, and for magazines and stages. On receiving this intimation the Estates consulted the burghs, who, on 7th August, reported that the king's proposals would be very inconvenient to the Estate, and also injurious to the fishing of the islesmen, as it had been immemorially exercised by them. The burghs, moreover, expressed their readiness to undertake the fishing themselves without communication with any other nation. These proposals by the burghs were duly reported to commissioners appointed in England to negotiate with commissioners appointed by the Estates, and several communings took place, in the course of which the burghs urged that the establishment of one or more burghs in Lewis would be a contravention of the standing right of royal burghs already erected, and of others having interest, who in reason ought to be heard. But the king was set upon the establishment of the fishery association, and all that the Scottish commissioners could effect after much negotiation was a reservation by the king in favour of the natives of the several districts of Scotland "of all such fishings as were necessary for their subsistence, and which they of themselves have and do fully fish." He declined, however, to reserve to them anything that might be a hindrance to the general work, which would impart so much good to all the kingdom. This resolution having been communicated to the burghs, they met the Scottish privy council on 28th July, and again on 22nd and 23rd September, along with some of the nobility and gentry, and claimed that certain specified areas should be reserved to Scottish fishermen. This claim was forwarded to the king on the last of these dates, but before it had been agreed upon, he had issued a signature for a charter, by which he ordered a society to be erected under the name of "The Council and Community of the Fishings of His Majesty's Dominions of Great Britain and Ireland," to consist of twelve councillors, six Scottish and six English and Irish, and about one hundred and thirty-five fellows (of whom Gabriel Cuninghame was one), to hold office for life unless removed by the crown. This society he ordered to be incorporated, and upon it he conferred the exclusive right to export fish, reserving to the king, however, the power to preserve, for the exclusive fishing of the inhabitants of special districts, such areas as he might define. This signature was communicated to the Scottish privy council on 7th September, and, in virtue of a warrant which accompanied it, a charter was expede under the great seal, which was ordered to bear the date of 19th July, on which date a corresponding English charter had been issued. By a letter dated 31st July, the king, on a narrative that many of his subjects dwelling on the bounds adjacent to the rivers and firths of Forth and Clyde had been at all times, and still were, at some seasons of the year, chiefly maintained by the fishings in these firths, as serving for their necessary use, so that they could hardly subsist without them, declared that no one should, by virtue of the general association, fish on the east coast between St. Abb's Head and Redhead, or in any place within the firth of Forth, or on the west coast between the Mulls of Galloway and Kintyre, or in any place within the same, except-natives according to ancient custom. And by another letter he, inter alia, ordered the privy council not only to require the heritors of the isles to suffer no strangers to trade or fish within the same, but to use their best endeavours to reserve the whole fishings for the natives and subjects who were free of the newly erected society. On 13th March, 1637, the king, under an agreement concluded with lord Seaforth in the previous year, granted him a charter of the Lewis under reservation to the crown of the town of Stornoway and burgh of barony thereof, with its castle, haven, and port, and as much of the adjoining lands and territory as would be sufficient for the general society and its fishings and accommodation, and for the planting and accommodation of houses and yards for planters, with pasturage, fuel, and foggage, the land nearest adjacent to the town. This charter was confirmed by parliament on 17th November, 1641. The management of the affairs of this society proved so unsatisfactory that, in 1639, the king ordered an enquiry to be instituted as to its financial administration, as to the oppressions and wrongs done to sundry poor tradesmen who had dealt with it, as to whether its stock had been diminished, and, if so, how the diminution had been occasioned, and generally as to all other matters connected with it, and the best means of settling its affairs for the advantage of the community. No further reference to this fishing occurs during the king's reign, but during the protectorate Cromwell's government seemed anxious to give encouragement to the fishing. King Charles II. also appears to have been anxious to further the same object, for, on 12th June, 1661, the Scottish parliament passed an act authorising the erection of companies for the promotion of fisheries (1661, c. 279); and six years later a new company was incorporated in England under the name of "The Company of the Royal Fishery of England," and upon this company were bestowed, in perpetuity, all the privileges enjoyed by any former company. This would seem to indicate that the association of 1631 was then in abeyance. But the English Association of 1667 also came to grief, and its ships, busses, and stores were sold in 1680. Ten years afterwards the Scottish fisheries again engaged the attention of the Scottish parliament, and on 18th July, 1690, an act of William and Mary "annulling the gift of erection of the royal company" was passed. The royal company thus dealt with by a Scottish statute was probably the society established in Scotland in 1630. This act sets forth that the late royal company for fishing was then dissolved, "by reteireing their stockes and quyteing the prosecution of that trade in company as was designed in its institution, and yet they continue to exact six pounds Scotts per last of all herrings exported furth of the kingdom to the hurt and prejudice of thair Majesties leidges." It therefore annulled the gift of erection of the royal company, and all acts, confirmations, and ratifications thereof; declared the company to be dissolved, prohibited the exacting of the £6 Scots for the last of herrings, or any other exaction on herrings or other fishes; and for the encouragement of the fishing trade invited the merchants of the royal burghs and other good subjects to employ their capital and industry in the fishing and curing of herrings, in which trade it was declared they would enjoy all the freedoms and advantages competent to them before the said company was erected. It, however, declared that while the taking of fishes was allowed to all the lieges "without prejudice of men's particular properties," yet the exportation of fishes belonged exclusively to the merchants of royal burghs, conform to the act 1690, c. 15, which privileges were declared to be in no respect infringed (1690, c. 103). It is unnecessary to refer here to the subsequent legislation for the encouragement of the Scottish fisheries. For detailed information as to the Lewis— see Convention Records, vol. III.; the Acts of the Parliaments of Scotland, vols. IV., V., VI., part ii., and IX.; Macpherson's Annals of Commerce, vol. VI.; Fædera, vol. V.; Scotland and the Commonwealth, from August, 1651, to December, 1653 (Scottish History Society); Gordon's Genealogical History of the Earldom of Sutherland; Gregory's Highlands and Islands of Scotland; Moysie's Memoirs; Privy Council Register, vols. VI., VII., and IX.
43 Antea, pp. lx., clv. Council Records, I., pp. 373–4.
44 The other children of the king were Mary, afterwards wife of William II., princess of Orange, and mother of William of Orange (afterwards William III.), born on 4th November, 1631; James, afterwards James II., born on 13th October, 1633, and abdicated in 1689; Elizabeth, born on 28th January, 1635, and Anne on 17th March, 1637.
45 Charters and Documents relating to the city of Glasgow, part ii., No. civ., pp. 328–347.
Original in Archives of the University, Regist. Mag. Sig. Book, liii., No. 312. Great Seal Register, 1620–1633, p. 530, No. 1590. Glasgow Charters, ii., No. civ. Precept of sasine following on the charter dated 28th June, 1630, and instrument of sasine thereon dated 12th October, and registered on 27th November, 1630. Originals in Archives of University. Abstract of Charters, No. 190, p. 93. Glasgow Charters, ii., p. 472.
46 1633, c. 68, Acts of Parliament, V., pp. 75. 77. Glasgow Charters, ii., No. cv., pp. 347–51.
47 Balfour, II., pp. 179, 180.
48 Council Records, I., p. 375.
49 Council Records, I., pp. 375, 376.
50 Ibid., II., p. 3.
51 Ibid., p. 4.
52 Gardiner, VII., pp. 160–162. Creighton's History of Epidemics in Britain, I., pp. 504–527.
53 Council Records, II., p. 5.
54 Ibid., p. 6.
55 Ibid., II., pp. 5, 6.
56 Council Records, II., p. 7.
57 Ibid., II., p. 7.
58 Council Records, II., p. 8.
59 Antea, p. cclxxx.
60 Balfour's Annals, II., pp. 181–184.
61 Ibid, II., p. 13.
62 Antea, pp. cclxxvii–cclxxviii. Balfour, II., p. 192.
63 Register of the Great Seal, 1620–1633, p. 732, No. 2,161. Ratified on 28th June, 1633, by the Act 1633, c. 62, Acts of Parliament, V., p. 70.
64 Council Records, II., p. 14.
Archbishop Lindsay was the son of Lieut.Col. John Lindsay of Downie. He studied at St. Leonard's College, St. Andrews, and had the degree of Master of Arts from that university in 1587. In 1588 he was appointed to the collegiate church of Guthrie, whence he was, between 1591 and 1593, translated to St. Vigeans, the parish church of the abbey of Arbroath. On 26th October, 1601, he had a gift from king James VI. of the third of the vicarage, and on 5th February, 1602, he had another gift of the fruits of the abbey of Arbroath. He was a member of the assemblies in 1602, 1608, 1610, 1616, 1618, and of the courts of high commission in March, 1610, and December, 1619. On 23rd October, 1613, he was promoted to the bishopric of Ross, and consecrated at Leith on 1st December of that year. On 19th December, 1615, he was infeft in the barony of Downie, Pitterlie, &c.; had a pension from the stipend of St. Vigeans on 21st July, 1616; and got the abbey of Ferne annexed on 6th November in the same year. In July, 1627, he was one of two appointed by the clergy to go to court regarding the affairs of the church. In 1633 he had the degree of D.D. conferred upon him, and after the death of archbishop Law was translated to Glasgow in 1633. In both these sees he exercised his office with much mildness and moderation, and was said to have been a fervent and zealous preacher. It is also said that he was opposed to the pressing of the liturgy on the people, yet he was, with the majority of his brethren, deposed and excommunicated by the general assembly on 13th December, 1638. Being then in delicate health he went to England, and died in Newcastle, according to various writers, in 1641, 1643, or 1644. Scott says his death occurred in June, 1644, and that he was in such utter destitution that he had to be buried at the expense of the governor of the town. He left two sons, James of Leckaway, and David of Blaikerston, and three daughters, all of whom were married [Keith's Catalogue of Scottish Bishops, pp. 202, 265. M'Crie's Melville, p. 221. Grub, II., pp. 300, 338, 389; III., pp. 42, 45, 88. Burton, V., p. 446, note. Fasti Ecclesiæ, part VI., pp. 794, 807; part V., p. 453; part III., p. 378].
65 Balfour's Annals, II., pp. 193–198. Spalding's Memorials of the Troubles in Scotland and in England (Spalding Club), I., pp. 32–35.
66 Spalding, I., p. 35.
67 Balfour's Annals, II., p. 199. Spalding, I., p. 35. Row's History of the Kirk of Scotland (Wodrow Society), pp. 362–3. At the coronation the ceremonies observed in the chapel were not such as gave hope that much regard would be paid to the feelings of Scotchmen. The archbishop of St. Andrews and the other four bishops who took part in the service, says Spalding, were attired in "white rochets and white sleeves, and capes of gold having blue silk to their foot." The communion table was prepared "after the manner of an altar, having thereupon two books, with two chandeliers and two wax candles which were unlighted, and a basin wherein there was nothing." At the back of this altar "covered with tapestry," he added, "there was a rich tapestry wherein the crucifix was curiously wrought; and as these bishops who were in service passed by this crucifix they were seen to bow the knee and beck, which, with their habit, was noticed, and bred great fear of inbringing of popery."
Rushworth mentions that Laud took upon him "the order and management of the ceremonies, and that the archbishop of St. Andrews being placed at the king's right hand, and the archbishop of Glasgow on his left, he thrust the latter aside, saying, 'Are you a churchman and want the coat of your order?' and put the bishop of Ross in his place." [Historical Collections, II., p. 182.] No authority for this statement is given, however. It does not appear from Balfour's account of the coronation that any special place was assigned to archbishop Lindsay; and Spalding simply says that "the archbishop of Glasgow and the remanent of the bishops then present, who were not in service," changed not their habit but wore their black gowns without rochets or white sleeves [Memorials, I., pp. 36, 37].
68 Spalding, I., p. 37. Row, p. 363.
69 Council Records, II., p. 15. It was probably for the use of the provost at this parliament that the velvet footmantle and "haill harneising thairto" were provided, the cost of which (340 merks, or £18 17s. 9d. sterling) was ordered to be paid on 25th May, 1633.
70 These Lords of the Articles were, what Burton calls, a "predominant committee" by whom the details of all general legislative measures were adjusted, and, when they had finished their work, they sent up the several measures to the parliament for a vote of adoption or rejection as a whole. There was thus no opportunity for proposing amendments. By this arrangement dexterous politicians were enabled so to adjust their measures as to carry through in connection with each as much unpopular matter as might be attached to it without incurring the risk of having the whole rejected. Moreover, the mode in which the Lords of the Articles were appointed in this parliament gave a commanding power to the crown. Eight prelates, says Burton, were chosen by the nobles or greater barons, and of these eight were in turn chosen by the prelates. This looked like an equal reciprocity, but it was not. Of the prelates there were but twelve present, so that the choice was limited, while the eight nobles were picked out of an attendance of more than sixty. And, indeed, had there been a wider choice among the prelates it would not have been material, for on the chief questions at issue they were all on one side. The sixteen thus appointed from the two higher estates met and selected eight from the lesser barons or representatives of the landowners, and eight from the burgesses or representatives of the municipalities. It was, he adds, and with some show of reason, asserted that this ingenious arrangement put the selection of the Lords of the Articles entirely into the hands of the prelates, since they could surely count on eight out of more than sixty of the nobles co-operating with them [Burton, VI., p. 86].
71 At this service the ordinary reader was removed and two English chaplains clad in surplices took his place, and with the help of other chaplains and bishops conducted the English service; after which the bishop of Moray, clad also with a rochet, entered the pulpit and preached a sermon [Spalding, I., p.39]. All this, says Row, grieved the people, who thought "the same smelt of Popery" [Row, p. 363].
72 Spalding, I., p. 39. Row, p. 363.
73 Balfour's Annals, II. p. 200.
74 1633, c. 1 and 2, Acts of Parliament, V., pp. 13–20.
75 1633, c. 3, Ibid., pp. 20, 21. Curiously enough the greatest opposition was offered to that part of this act which continued to Charles the power which had been given to James to regulate clerical costumes. The earl of Rothes, who led the opposition, was prepared to consent to the other provisions. He was told, however, that the act must be passed as a whole or rejected. The vote was thereupon taken, and the act was declared by the clerk register to be carried. Rothes, however, asserted that the vote was otherwise, but the king intervened, and intimated that Rothes must either be silent or make good his charge at the peril of his life. Under these circumstances Rothes prudently did not press the matter [Row, p. 367; Burton, VI., p. 88]. Under the authority of this act a royal warrant, dated 15th October, 1633, was issued and duly engrossed among the acts of parliament.
76 1633, c. 4, Acts of Parliament, p. 21.
77 1633, c. 9, Ibid., p. 23.
78 Annals, II., p. 200. "Bot," he adds, "it proued in the end a forcible rope to draw the affections of the subjecte from the prince. To be short, of thirty-one acts and statutes concludit in this parliament, not thre of them bot wer most hurtefull to the libertie of the subjecte; and, as it wer, als maney partitions to seperat the king from his people. This parliament was led one by the episcopall and courte faction, which therafter proued to be that stone that afterwardes crusht them in pieces, and the fewel of that flame which sett all Brittane afyre not longe therafter." [See also Burton, VI., pp. 90–93].
79 Privy Council Register, X., pp. 671, 672.
80 Row, pp. 343, 344.
81 Printed for the Maitland Club.
82 1633, c. 5,Acts of Parliament, V., pp. 21, 22.
83 Postea, pp. cccxlvi., cccli.–iii.–iv.–vii.
84 18th June, 1275, antea, p. xiv.
85 28th July, 1324, and 15th November, 1328, antea, p. xxii.
86 16th March, 1566–7., antea, p. lxxxix.
87 8th April, 1611, antea, p. cclx.
88 29th November, 1469, antea, pp. xxxv–vi.
89 1st December, 1479, antea, p. xxxvi.
90 10th September, 1600, Abstract of charters, part II., p. 458, No. 125.
91 4th June, 1575, and 25th July, 1607, antea, p. cvii., Abstract of Charters, part II., p. 463, No. 146.
92 1633, c. 79, Acts of Parliament, V., 87–89. Charters and Documents relating to the city of Glasgow, part II., No. cvi. Abstract of Charters, part II., p. 473, No. 196. On 17th August the town council authorised the treasurer to pay £120 and two dollars given by the provost to the clerk of the register for the town's ratification, and twenty merks to his man [Council Records, II., p. 15].
93 Balfour's Annals, II., p. 201.
94 Gardiner, VII., p. 290.
95 On 20th July, 1633, the town council ordained the treasurer to have a warrant for £27 10s. Scots "for his charges quhen the king geid out of the northe to Edinburgh." [Council Records, II., p. 15.]
96 Balfour's Annals, II., p. 204. Soon after the king's return archbishop Abbott died and Laud was translated to the see of Canterbury. In connection with this royal visit, and as still further indicating the king's sympathies and intentions, there has to be noted the erection of that portion of the diocese of St. Andrews, which was previously the archdeaconry of Lothian, into the bishopric of Edinburgh with the collegiate church of St. Giles as the cathedral [Maitland's History of Edinburgh, pp. 280, 281. Arnot's History of Edinburgh, p. 263. Registrum Cartarum Ecclesiæ Sancti Egidii. Dr. Laing's Preface, p. lv. (Bannatyne Club). Keith, pp. 44–61]. The charter of erection and endowment is dated 29th September, 1633, and bears that the new diocese had been established at the request of the archbishop of St. Andrews. Its bishop was appointed to be styled bishop of Edinburgh, and he was to be one of the suffragans of the primatial see, as the bishop of Galloway was to assist the archbishop of Glasgow. Dr. William Forbes was nominated bishop of Edinburgh, with precedence immediately after the two archbishops, and the bishop of Galloway took rank after him. Twenty years previously the kirk of St. Giles had been divided into two parts known as the greater and lesser kirk, but to fit it for being a cathedral kirk the king commanded the magistrates to remove the partition wall. This order was executed in 1634 [Spalding, p. 45. Row, pp. 370, 371].
97 Antea, p. lxxxv.
98 Antea, p. cix.
99 Council Records, II., p. 15.
100 Ibid., II., p. 17.
101 Council Records, II., p. 18.
102 Ibid., II., p. 18.
103 Extract from the Act Books of the Exchequer in the Archives of the City.
104 Cleland's Annals, p. 18.
105 Council Records, II., p. 19. By letters patent, under the privy seal, dated 18th November, 1589, king James VI. empowered Sir John Shaw of Greenock to erect a kirk, to be called the parish kirk of Greenock, with a manse and kirkyard, and these letters were ratified by Parliament on 5th June, 1592[1592, c. 21, Acts of Parliament, III., p. 549]. To facilitate the carrying out of the arrangements thus made another statute was passed on 8th June, 1594, dividing the parsonage and vicarage of Inverkip into two parishes, parsonages, and vicarages, one to retain the name of Inverkip and the other to be called Greenock [1594, c. 43, Acts of Parliament, IV., p. 75]. Forty years later, Sir John or his successor appears to have taken action to obtain a royal charter erecting Greenock into a burgh of barony, with powers which the town council of Glasgow apprehended would prejudice the interests of the city. Accordingly, on 1st February, 1634, the commissioners referred to in the text proceeded to Edinburgh and opposed the granting of such a charter [Council Records, II., p. 19]. Notwithstanding this opposition, however, the king, on 5th June, 1635, as administrator in law of his son, the prince and steward of Scotland, granted a charter, under the great seal, to John Shaw, of Greenock, and Helen Houstoun his wife, and the longest liver of them in conjunct fee, and their heirs male, of, inter alia, the lands of wester Greenock, and erected the town or village into a free burgh of barony, to be called the burgh of Greenock, with all privileges, liberties, and immunities, including power to the grantees to name bailies and officers of court, to have a prison, and to levy dues. Upon this charter and the precept of sasine following on it infeftment was taken on 9th September, 1635, and these documents were ratified by parliament on 17th November, 1641 [1641, c. 181, Acts of Parliament, V., p. 440. Municipal Corporation Reports, II., p. 57]. On the same day protestations were made in parliament on behalf of Renfrew and Glasgow against this ratification [Acts of Parliament, V., p. 573].
In the Report to the government of the Protector by Thomas Tucker, registrar for the commissioners of excise in England, who was sent to Scotland to report on the settlement of the revenues of excise and customs in Scotland in 1656, he describes both Newark and Greenock. The former, he says, "is a small place where there are (besides the laird's house of the place) some foure or five houses, but before them a pretty good roade, where all vessels doe ride, unlade, and send theyr goods up the river to Glasgowe in small boates; and at this place there is a wayter (officer of the customs) constantly attending." The latter, he says, is "such another, onely the inhabitants are more; but all seamen or fishermen tradeing for Ireland or the Isles in open boates; at which place there is a mole or peere where vessells in stresse of weather may ride, and shelter themselves before they passe up to Newarke, and here likewise is another wayter" [Miscellany of the Scottish Burgh Records Society, p. 27].
In 1670 king Charles II. granted a charter of novodamus in favour of Sir John Shaw, erecting of new the estate of Greenock into a free barony, and declaring the town to be the burgh of the barony. And in 1741 the then proprietor, Sir John Shaw, granted a charter in favour of the feuars of the town, by which he authorised them and the sub-feuars to appoint nine feuars, resident in Greenock, to be managers and administrators of the funds of the burgh, or of assessments levied within it with the consent of the superior; but he declared that the bailie or bailies of the barony should always be of the number of managers. Several subsequent charters and acts of parliament regulated the affairs of the burgh previous to the passing of the Burgh Reform Act, 3 and 4 William IV., c. 77, which provided for the municipal government of it and other burghs of barony [Scottish Municipal Corporation Reports (1835), II., pp. 57, 58.].
106 Council Records, II., p. 20.
107 Ibid., II., p. 21. It was subsequently explained on 28th February, 1635, that burgesses of the burgh might "nevertheless top and sell salt" in their houses, shops and booths, after it had been bought and received by them in the ordinary market place [Ibid., II., p. 26].
108 Council Records, II., p. 22.
109 Council Records, II., p. 23.
110 Ibid., II., p. 25.
111 Ibid., I., p. 379.
112 High Constables of Edinburgh, pp. 108,109.
113 Council Records, II., p. 22.
114 Cleland's Annals, p. 18.
115 Council Records, II., pp. 33, 34.
116 Ibid., II., pp. 34, 35.
117 Council Records, II., p. 23.
118 Ibid., II., p. 24.
119 Council Records, II., pp. 24, 25.
120 Ibid., II., p. 31.
121 Council Records, II., p. 25.
122 Thus in the accounts of the burgh for the year to Whitsunday, 1578, the treasurer, on 16th March, took credit for £3 5s. Scots "for half ane barrell hering send to maister Alexander Sym" [Council Records, I., p. 466], and on 25th January, 1624, Mr. W. Aytoune, Adam Cwnynghame, and Thomas Nicolson, "procurators for the guid toun of Glasgow," acknowledged the receipt from John Nicoll, writer, on behalf of the guid toun, of the sum of ten pounds money and "twa half barrellis hering" as their "pensions" for the year 1624. On the same document Nicoll granted his receipt for his "pension of ten punds and half barrell hering" [MS. Receipt in City Archives]. The Adam Cwnynghame thus retained for the city was probably the advocate who was admitted to the bar on 6th January, 1607, and subsequently appointed commissary of Dumfries. If so, he was promoted to the bench on 6th June, 1637, and died before 18th June, 1639 [Brunton and Haig's Senators of the College of Justice, p. 297]. On 13th December, 1628, again, the town council agreed to pay annually to Mr. James Robertoun, advocate, agent for the town, £10 Scots of yearly "feall and tua half barrellis hering as the rest of the tounes principall advocattis gettis, during the tounes will and plesour allanerlie;" and on 20th December the treasurer had a warrant for £103 13s. 6d. Scots, disbursed for "xiiij half barrellis of hering, packing thairof, barrellis, and carriage to Edinburgh, to the advocattis and vtheris thair lawearis and writteris, as the yeir preceding" [Council Records, I., p. 368]. On 27th December, 1641, the town council directed the master of works to send the town's advocates and agents their fees and herring, and to "Master Robert Bruce, the duik of Lennox his agent, twa halff barrels of herring" [Ibid., I., p. 436]; and on 11th February, 1643, a sum of £6 6s. Scots was ordered to be paid "for the fraught and carriage of these herring and vtheris particulars that was sent to London to Master Wob" [Ibid., II., p. 55].
In referring to this practice Dr. Macgeorge remarks that at a very early period the curing of salmon and herrings, both for home consumption and for the French market, was an important branch of trade in Glasgow, and principal Baillie states that by the middle of the seventeenth century it had greatly increased. In the sixteenth and seventeenth centuries the consumption of herrings was much greater among both the middle and lower classes than it is now. At that time they formed the principal food of the reapers in harvest, and they formed with oaten cakes the entire sustenance of the numerous class of seamen employed in the fishery. Seven herrings to each man for a meal was the common allowance. The shoals came much further up the firth then than they do now; and in some seasons, in the beginning of the seventeenth century, it is said that not less than nine hundred boats were employed in the herring fishery within the Cloch. When the fish did not come into the lochs in large quantities, the fishermen were in the practice of making three voyages during the season to more distant grounds. Each boat paid to the crown one thousand herrings for each "drave," or voyage [Brown's History, II., p. 312]. These were called the "assize herrings," and for a long time the Argyle family held a grant of the crown's right to this tax on the Firth of Clyde, for which they paid a reddendo of one thousand pounds Scots (£83 6s. 8d. sterling) per annum. Their profit must have been considerable, for in the old rentals of the Argyle estates the annual value of the assize herrings is larger than the whole rental of the estate of Roseneath [Fourth Report on Historical MSS., p. 481]. Some of the canon lands of Glasgow were held for the payment of so many cured herrings. In a retour of the seventeenth century it is stated that lord Boyd held certain of these lands in the parishes of Largs and Dalry for the yearly payment, inter alia, of "6,000 halecum rubrarum" (red herrings). The greater part of the herrings caught in the Clyde were taken to Greenock—which, indeed, owed its foundation and first rise to the herring fishery —where they were bought by the Glasgow merchants, and, after being cured there, were exported to foreign markets. In 1564 no less than 1,700 lasts of herrings—that is, 20,000 barrels—were exported from Greenock to Rochelle alone, besides what went as usual to the other ports of France and the ports of the Baltic [Brown's History, II., p. 315. Old Glasgow, pp. 234, 235].
123 Sir Robert Spotswoode was born in 1596, and educated at the university of Glasgow during his father's tenure of the archbishopric of that city. He subsequently studied at Oxford, and, after travelling abroad, returned to Scotland, and was shortly afterwards appointed a privy councillor. On 12th July, 1622, he was made an Extraordinary lord of session; on 14th February, 1626, an Ordinary lord; and in October, 1633, he was appointed President of the court. On the rising of the Covenanters he fled to England, where he remained with Charles I. till the king's second visit to Scotland in August, 1641, when he was tried on a charge of being an incendiary, and one of the chief promoters of the dissensions between the king and the people. At the desire of the king, however, sentence was not pronounced against him, and he returned with his majesty to England, and was appointed secretary of state in December 1643. He was sent to Scotland on a mission to Montrose; was taken prisoner at the battle of Philiphaugh on 13th September, 1645; and carried first to Glasgow, and afterwards to St. Andrews, where he was tried by parliament, condemned, and beheaded on 16th January, 1646.
124 Council Records, II., p. 29.
125 Council Records, II., p. 31.
126 Ibid., II., p. 32.
127 On 27th January, 1630, the town council contracted with George and John Aisdillis, slaters, to slate the Blackfriars kirk for £32 Scots per rood, and to furnish the requisite slates, and two hundred merks were ordered to be paid to him on account [Council Records, I., p. 372].
128 Original in the Archives of the City. Munimenta Alme Universitatis Glasguensis, I., p. 251, No. 150. Glasgow Charters, part II., pp. 356–358, No. cvii.
129 Towards this object Mr. John Dunlop, of Garnkirk, merchant burgess, contributed £500 Scots (£41 13s. 4d. sterling); and in consideration of his gift the council, on 10th June, 1635, ordered a new seat to be constructed in a convenient place next the pulpit, where he and his spouse might hear and see the minister. This seat was to be reserved to them during their respective lifetimes; and it was declared that, if the kirk was taken down, a similar seat, in as convenient a place, should be provided for them [Council Records, II., p. 28].
130 Extract in the Archives of the City. Glasgow Charters, part II., pp. 359–363, No. cviii.
131 Sprott's Scottish Liturgies, Introduction, p. xlviii.
132 Bishop of London.
133 The latter was bishop successively of Hereford, Norwich, and Ely.
134 Grub, II., pp. 362–366. Cunningham, I., pp. 513, 514. Gardiner, VIII., pp. 307, 310.
135 Burton, VI., p. 110.
136 Antea, p. cclxxx.
137 Scott's Apologetic Narrative, p. 243.
138 Council Records, II., p. 34.
139 Aberdeen Burgh Records (Burgh Records Society), I., p. 78.
140 Council Records, II., p. 35.
141 Council Records, II., p. 37.
142 Ibid., II., p. 38.