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A, p. 56. - ANCIENT
BUILDING ASSOCIATIONS.
Tytler, in his "History of Scotland,"
expresses his decided opinion that the magnificent ecclesiastical
structures that rose up in the kingdom during the thirteenth century, were
built by associations of French and Italian workmen acting under the
auspices of the Papal Church. As connected with this subject, we may quote
the following curious inscription cut on a tablet in Melrose Abbey:
John John Murdo some time callit was I,
And born in Parysse certainly;
And had in keeping all mason werk
Of Saint Androy's, the hye kirk
Of Glasgow, Melros, and Paslay,
Of Nyddysdayll, and of Galway:
Pray to God and Mary baith,
And sweet Sanct John, to keep this haly kirk fra scaith."
It has been thought by some antiquarians that
Murdo was the agent of one of the French or Italian building associations
noticed in the text; but Mr. Billings is of opinion that the Melrose
inscription cannot well be older than the sixteenth century, and that
Murdo, whose name indicates a Scottish origin, performed no work beyond
repairs and restorations.
B, p. 58. - DEVORGILLA'S BRIDGE
There is a prevalent belief that this bridge
consisted at one time of thirteen arches; and guide books and gazetteers
combine in saying that such was the case. The only authority that we have
seen in support of this idea, is a statement quoted into the "Picture of
Dumfries" from Pemberton's "Journey through Scotland," published in 1723,
in which the author says: "I passed the river Nith from Galloway to
Dumfries over a fair stone bridge of thirteen large arches, the finest I
saw in Britain, next to London and Rochester." Nothing can be more
explicit than this declaration; but we know from documents that are
undoubtedly genuine, that the bridge in 1681 (that is, forty-two years or
thereby before Pemberton saw it) had only nine arches; and that in 1747,
twenty-four years after 1723, it had still only nine-a picture and
description of the bridge given by Grose, leaving this point beyond the
reach of cavil. The author of "A Tour thro' the whole Island of Great
Britain," the sixth edition of which was published in 1761-the tour to
which it relates having been made several years sooner-says (vol. iv., p.
115):- " Dumfries was always a good town, with large streets. . . Over the
river Nith is a very fine stone bridge at this place, with nine arches,
and so broad that two coaches may go abreast on it." If these varying
statements be all correct, then we must come to the strange conclusion
that, some time after 1681, four Dew arches were added to the bridge in
order to answer Mr. Pemberton's description; and that some time after
1723, and prior to 1747, these four arches were removed, and the bridge
reduced till it had only nine arches, as in 1681. The supposition is so
incredible that it need not be argued against; and the only right solution
of the difficulty that we can see is, to look upon Pemberton's statement
about the thirteen arches as one of those mistakes which some travellers-trusting,
it may be, to treacherous memories, instead of written notes-are liable.
With the view of setting the matter at rest, the street, at the gable of
Mr. Adam Lindsay's wine and spirit establishment, was opened at our
instance in April, 1866, where the pier of the tenth arch must have been
put down, if any tenth arch had ever been in existence. The operation was
carefully performed under the direction of an experienced local engineer,
who, taking Grose's dimensions of the nine-arch bridge-four hundred
feet-added the length of an additional arch, and caused the spot and all
around it for a long way to be excavated six feet deep, and probed to a
further depth, without finding a trace of any thing resembling the heavy
masonic pile of which the other piers consist. The conclusion come to was,
that there never had been a tenth pier; and the inference seems to follow,
that the bridge never numbered more than nine arches. This experiment,
coupled with the other testimony already adduced, has convinced us that
the foundation of the other four arches has been laid in the realms of
fancy, and not in the solid earth, or shifting sands of the Vennel.
C, P. 59.-STATUTES OF DEVORGULLA RELATING
TO THE ENDOWMENT OF BALLIOL COLLEGE, OXFORD.
"Devorgulla de Galweda domina de Balliolo,
dilectis in Christo, fratri Hugoni de Hertilpoll et Magistro Wilhelmo de
Menyl, salutem in Domino sempiternam. Utilitati filiorum et scholarium
nostrorum Oxoniae commorantium, affectu materno providere capientes, omnia
inferius annotata volumus, mandamus et praecipimus, ab eis inviolabiliter
observari; ad honorem scilicet Domini nostri Jesu Christi et Gloriosae
matris sum Mariae, necnon et sanctorum omnium. Imprimis, volumus et
ordinamus quod scholares nostri omnes et singuli teneantur diebus
Dominicis et festis principalioribus, divino interesse officio necnon
sermonibus seu pridicationibus in eisdem fastis et diebus; nisi contigerit
aliquem ex iis impediri propter urgentem necessitatem vel evidentem
utilitatem : caeteris vero diebus diligenter scholas exerceant et studio
intendant, secundum statuta Universitatis Oxoniae, et secundum formam
inferius annotatam. Ordinamus etiam quod Scholares nostri teneantur
nostris Procuratoribus obedire in omnibus quae ex nostra ordinatione,
concessione, commissione ad eorum Regimen et Utilitatem pertinere
noscuntur. Item, volumus quod scholares nostri ex semetipsis eligant unum
Principalem, cui caeteri omnes humiliter obediant in his quae officium
Principalis continguut, secundum statuta et consuetudines inter ipsos
usitata et approbata; Praedictus autem Principalis, postquam legitime
fuerit electus, nostris Procuratoribus praesentetur nec aliquid de suo
officio exerceat, antequam ab eis auctoritate nostra in praefato officio
fuerit institutus. Caeterum statuimus quod scholares nostri procurent tres
missas celebrari singulis annis solenniter pro anima dilecti mariti nostri
domini Johannis de Balliol et pro animabus praedecessorum nostrorum
omniumque fidelium defunctorum, necnon et pro nostra salute et
incolumitate; ita quod prima missa celebratur in prima hebdomada Adventus
Domini, et secunda in Hebdomada Septuagesimae, et tertia in prima
hebdomada post octavas Paschae: et fiant praedictae missae de Sancto
Spiritu, vel de Beata Virgine, vel pro defunctis, secundum dispositionem
Procuratorum. Singulis etiam diebus, tam in prandio quam in coena dicant
benedictionem antequam comedant et post refectionem gratias agant; et
orent specialiter pro anima dilecti mariti nostri superius nominati, et
pro animabus omnium praedecessorum nostrorum necnon et liberorum
defuuctorum, pro incolumitate etiam nostra et liberorum, caeterorumque
amicorum nostrorum vivorum; item et pro nostris Procuratoribus secundam
formam antiquitus usitatam. Et ut melius provideatur sustentationi
pauperum, ad quorum utilitatem intendimus laborare, volumus" quod
ditiories in societate scholarium nostrorum ita temperate studeant vivere,
ut pauperes nullo modo graventur propter expensas onerosas; et si
contigerit totam communitatem scholarium nostrorum in expensis communibus
aliqua septimana excedere portionem a nobis eis impensam, volumus et
praecipimus districts quod, ad solutionem illarum expensarum excedentium,
nihil onmino recipiatur ultra unum denarium in una septimana ab eis qui,
secundum discretionem et arbitrium Procuratorum nostrorum, judicantur
impotentes et insufficienties ad totalem illarum expensarum solutionem
faciendam. Si aequalis portio deberet ab omnibus sociis exhiberi,
praedicta tamen nolumus extendi ad magnam vacationem quae durat a
Translatione Beati Thomae Martyris, usque ad festum Beati Lucae, nec etiam
ad septimanas in quibus occurrunt festi Nativitatis Dominicae,
Circumcisionis, Epiphaniae, Paschae, et Pentecostes nec in aliis casibus
in quibus Procuratores nostri judicaverint illud omittendum: Volumus etiam
Procuratores nostros diligentem habere examinationem super praefata
Scholarium nostrorum impotentia, et quod scholares ipsi ad Procuratores
accedant cum omni confidentia, pro eorum necessitate intimanda. Et si
contigerit aliquem vel aliquos de Scholaribus nostris contra ordinationem
illam murmurare, aut occasione istius ordinationis pauperiores verbo vel
signo aliquo provocare, volumus quod scholares nostri teneantur sub
juramento nobis praestito nomina taliter murmurantium aut provocantium
nostris Procuratoribus revelare: qui quidem Procuratores, habita super hoc
sufficienti probatione, auctoritate praesentium, sine spe redeundi, ipsum
vel ipsos ejiciant indilate. Statuimus etiam quod Scholares nostri
communiter loquantur Latinum, et qui passim contra fecerit, a Principali
corripiatur; et si, bis aut ter correptus, se non emendaverit, a
communione mensae separetur, per se comedens, et ultimus omnium serviatur:
et, si incorrigibilis manserit per hebdomadam, a Procuratoribus nostris
ejiciatur. Volumus etiam quod qualibet altera hebdomada inter Scholares
nostros in eorum domo disputetur unum sophisma et determinetur; et hoc
fiat circulariter, ita ut sophistee opponant et respondeant, et qui in
Scholis determinaverint determinent. Si vero aliquis sophista ita
provectus fuerit quod merito possit in brevi in Scholis determinare, tulle
ei dictatur a Principali quod prius determinet domi inter socios suos. In
fine autem cujuslibet disputationis praefigat Principalis diem
disputationis sequentis, et disputationem regat et garrulos cohibeat, et
assignet sophisma proxime disputandum, opponentem, respondentem et
determinatorem, ut sic melius valeant providere. Consimili modo fiat
qualibet altera hebdomada de quaestione. Praecipimus etiam Scholaribus
nostris, firmiter injungentes, ut portatorium, quod eis pro anima dilecti
mariti nostri concessimus, diligenter custodiant, nec aliquo modo
permittant illud impignorari, vel quocunque titulo alienari. Habeant etiam
Scholares nostri unum pauperem Scholarem per Procuratores nostros
assignatum, cui singulis diebus reliquias mensae suae teneantur erogare,
nisi Procuratores nostri illud decreverint omittendum. Ut autem omnia et
singula praedicta a nostris Scholaribus in tempore Procuratorum
quorumcumque inviolabiliter observentur, praesens scriptum sigilli nostri
munimine roboravimus. Datum apud Botel, in Octavis Assumptionis gloriosae
Virginis Marie, anno Gratiae MCC. octogesimo secundo."
We are indebted for the following translation
of the statutes to a young Oxonian, Mr. Robert James Muir, Dumfries:
"Devorgulla of Galloway, Lady of Balliol, to
our brother Hugh of Hertilpool, and Master Wilhelm of Menyl, beloved in
Christ, eternal salvation in the Lord. Desiring with maternal affection to
provide for the advantage of our sons and scholars resident at Oxford, we
will, command, and enjoin all things to be mentioned hereafter, to be by
them inviolably observed, to the honour, to wit, of Our Lord Jesus Christ,
and His glorious Mother Mary, and eke of all Saints.
"Firstly, we will and ordain that our
scholars, all and singly, be bound on Lord's days and on the greater
Feasts to be present at the Divine Office, as well as the sermons or
preachings on the same feasts and clays, unless any of them shall happen
to be let by urgent necessity or evident utility; but on other days they
shall diligently perform their tasks, and apply themselves to study,
according to the Statutes of the University of Oxford, and according to
the scheme hereafter mentioned. We also ordain that our scholars be bound
to obey our procurators in all things which, according to our ordinances,
grant, and commission, are known to belong to their rule and advantage. W
e also will that our scholars from among themselves elect a principal,
whom all the rest shall humbly obey in those matters which belong to the
office of principal, according to the ordinary and approved statutes and
customs observed among them. But let the aforesaid principal, after he has
been lawfully elected, be presented to our procurators, nor exercise aught
of his office before he has been by them instituted, by our authority, in
the office aforesaid. Furthermore, we decree that our scholars cause three
Masses to be duly celebrated every year for the soul of our beloved
husband, John, Lord of Balliol, and for the souls of our predecessors, and
all the faithful departed, as also for our own weal and salvation, so that
the first Mass be celebrated in the first week of the Advent of our Lord,
the second in the week of Septuagesima, and the third in the first week
after the octave of Easter; and let these aforesaid be Masses of the Holy
Ghost, Masses of the Blessed Virgin, or Masses for the departed, according
to the arrangement of our procurators. Also, on every day, both at dinner
and supper, let them say a blessing before eating, and after meat let them
return thanks, and pray specially for the soul of our beloved husband
above mentioned, and for the souls of all our predecessors, as also for
those of our departed children, for our own salvation and that of our
children, and for that of our other living friends, also for our
procurators, according to the form of ancient use. And the better to
provide for the maintenance of the poor scholars, whose advantage we
intend to study, it is our will, that the richer ones in the society of
our scholars study to live in such moderation that the poorer ones be not
burdened in any way by heavy expenses; and if it shall happen that the
common expenses of the whole community, in any one week, exceed the
portion by us allowed to them, we will and strictly ordain that for the
settling of those extra expenses nothing be received beyond the sum of one
penny per week from those who, according to the discretionary choice of
our procurators, are deemed straitened and unable to bear total payment of
those expenses. If an equal portion should be furnished by all the
fellows, nevertheless we are unwilling that the above be extended to the
long vacation, last, 119 from the Translation of Saint Thomas the Martyr
to the Feast of Saint Luke, nor again to the weeks in which occur the
Feasts of the Nativity of our Lord, Circumcision, Epiphany, Easter, and
Pentecost, nor other cases where our procurators think it should be
omitted. We will also that our procurators carefully enquire into the
above-mentioned poverty of our scholars, and that the scholars themselves
come to our procurators in all confidence to intimate their necessities.
And if it shall happen that any one or more of our scholars murmur against
the above ordinance, or on account of that ordinance mock the poor
scholars by word or sign of any kind, we will that our scholars be held
bound under oath fixed by us to reveal the names of those so murmuring and
mocking to our procurators; and the latter shall, on sufficient proof of
this being given, without delay expel him or them without hope of return,
and this by authority of these presents.
"We also ordain that our scholars generally
talk Latin, and let him who once and again does otherwise be corrected by
the principal; if, after being twice or thrice corrected, he does not
amend, let him be separated from the common table, to eat by himself and
be served last of all, and if lie remain incorrigible for a week, let him
be expelled by our procurators. We will also that on every alternate week
one sophism be disputed and determined by our scholars in their own hall;
and let this be done in course, so that the disputants may alternately
oppose and reply; and let those who shall determine in the Schools
determine the argument. But if any disputant be so advanced in merit that
he will shortly be able to determine in the Schools, then let the
principal make him first determine in the hall among his fellows. At the
end of each debate let the principal fix the day for the next debate, let
him regulate the debate and restrain the talkative, and let him appoint
the question to be next disputed, the proposer, the answerer, and the
judge, so that they may the better be able to provide for it. In such
manner let the dispute every alternate week be managed. We also command
our scholars, with firm injunctions, diligently to preserve the Portatory
which we have granted them for the soul of our beloved husband, and
neither to suffer it to be impledged nor alienated in any manner. Let our
scholars also have one poor scholar appointed by our procurators, for whom
on every day they shall be bound to set aside the remains of their table,
unless our procurators judge that this may be omitted. And that all and
every thing aforesaid may be by our scholars inviolably observed in the
time of all procurators whatsoever, these presents we have confirmed by
the sanction of our seal.
"Given at Botel, in the
Octave of the Assumption of the glorious Virgin Mary, in the year of grace
1282." D, p.
99.-THE SLAUGHTER OF COMYN.
In memory of this deed, the Kirkpatricks of
Closeburn assumed as their crest a hand holding a dagger, with the
memorable words for motto, "I mak siccar." Lord Hailes, in his "Annals"
(vol. ii., p. 242), attempted to show that Sir Roger who slew Comyn was
not the representative of the family of Kirkpatrick in Nithsdale: but
universal tradition combines with other historians in attributing the
ex-Regent's death-blow to the chief of the Closeburn Kirkpatricks, as
narrated in the text. The Rev. Mr. Black of Closeburn, in his account of
the Presbytery of Penpont, gives the following account of the incident;-"
In that part of Closburn towards the water of Ayr, by which it is
incompassed, is a fourty-pound land pertaining to Thomas Kirkpatrick of
Closburn, an ancient family, and chief of that name, having a charter from
Alexander K. of Scots, granted to Ivon Kirkpatrick, of the lands and
barony of Closburn, before witnesses : Bondington, Cancellario, Rogero de
Quency, Waltero filio Alani Senescallo Justiciario Scotia;, Joanne de
Maccuswell Camerario, Rogero Avonell, David Marescallo, Thoma filio Hamil,
David de Lindsay, Rogero filio Glay, Roberto de Menyers, dated at
Edinburgh the 15th day of August, and of the said King's reign the
eighteenth year. Moreover, the said Laird for his arms and ensign-armorial
bears argent a St. Andrew's cross azure, on a sheaf of the second three
cushions or; above the shield, an helmet befitting his degree, mantled
gules, doubled argent. Next is placed on a torse for his crest, a hand
bolding a dagger distilling drops of blood proper; the motto in an escrole,
` I make sure:' which cast and motto was given by Robert the Bruce, K. of
Scots, to Roger Kirkpatrick, upon his killing of the Cumin at the Chappel
of Drumfreis." - SIBBALD MSS., in Advoctes' Library.
E, p. 1O3. - BRUCE AFTER THE SLAUGHTER OF
COMYN. In the
same manuscript it is stated as a tradition that Bruce, immediately after
the slaughter of Comyn, was conducted by Kirkpatrick to a place of refuge
among the thick woods of Tynron, where lie remained for Some time safely
hidden; but this vague report is at variance with the statement of
Hemingford and other trustworthy historians, that Bruce and his followers
gained for themselves an asylum in the Castle of Dumfries. If there be any
truth in the tradition that the bowers of Tynron afforded shelter to the
patriot hero, it must have been at a later period, when lie was a hunted
wanderer in the wilds of Carrick, Galloway, and Dumfriesshire. The Penpont
manuscript, after furnishing the above statement, says that during Bruce's
abode in Tynron parish "he did often divert to a poor man's cottage named
Brownrig, situate in a small parcel of stoney ground, incompassed with
thick woods, where he was content sometimes with such mean accommodation
as the place could afford. The poor man's wife being advised to petition
the King for somewhat, was so modest in her desires that she sought no
more but security for the croft in her husband's possession, and a liberty
of pasturage for a very few cattle of different kinds on the hill and the
rest of the bounds. Of which priviledge that ancient family, by the injury
of time, hath a long time been, and is now, deprived; but the croft
continues in the possession of the heirs and successours lineally
descended of this Brownrig and his wife: so that this family, being more
ancient than rich, doth yet continue in that name, and, as they say,
retains the old charter. "-SIBBALD MSS., in Advocates' Library.
F, p, 108, - SIR CHRISTOPHER'S CHAPEL.
Charta Capellani celebrantis pro anima
Christopheris de Seton. Robertus, Dei gratia Rex Scotorum, &c.,
Christopherus de Seton, miles dilectus noster mortuns est in servitio
nostro, ac Christiana de Brois, sponsa sua sororque nostra dilecta in loco
quo mortem subiit prope Drumfreis, in honorem crucis Dominicae quan-dam
Capellam fundavit et extruxit: sciat; propter benevolentiam et affectionem
quam non immerito erga dictum quendam Christophorum habuimus Donavisse
Dedisse et Confirmasse uni Capellano in cadem Capella pro anima dicti
Christophorus animabus omnium Fidelium Divina in perpetua celebrare; ac
pro nobis et heredibus nostris Regibus Scotiae, presentando centum solidos
Strivilingorum annui reditus per manus Vicecomitis nostri de Drumfreis, et
Balivorum suorum qui pro tempore fuerint de anno reditu nobis de dicta
Baronia de Carlaverock ad criminos Pentecostes et Sancti Martin,
proportionaliter, singulis annis in libereri punam et perpetuam,
eleemosynam recipiendos, Quare Vicecomiti nostro de Drumfreis et Balivis
suis qui pro tempore fuerint precipimus et mandamus quaternos dictos
centum solidos aunui reditus dicto Capellano, ad criminos preditos
plenaric persolvant in perpetuam. Quos quidam centum solidos predicto
Vicecomiti et Balivis suis qui pro tempore fuerint in computis sui annuis
volumus pro nobis et heredibus nostris plenius collocares. In cujus rei
fidem, &c., apud Berwica supra Tuedam ultimo die Novembris anni regni
nostri nonoduomo, Robertus Brussius, Scon coronatus erat 1306, mense
Aprilis. - GENERAL HUTTON'S MSS., in Advocates' Library.
G, p. 212 - ROBERT, LORD MAXWELL'S BILL FOR
TRANSLATING THE SCRIPTURES INTO THE VULGAR TONGUE.
"The new doctrines concerning religion," says
Keith (pp. 36, 37), " had so far prevailed in Scotland, notwithstanding
the severities used against the professors thereof, in the late King's
reign, by the influence of the settled clergy, that, ill the very first
Parliament holden after his death, there was a proposal offered by the
Lord Maxwell, oil the 15th day of March, 1542-3, for a liberty of reading
the Bible in the vulgar tongue: which proposal was received and approved
by the Governor [Arran], and the Lords of the Articles. And because this
was the first public step towards a Reformation of Religion, perhaps the
reader will not be displeased to seethe Act inserted in this history,
which is as followeth:
"`Anent the Writting gevin in be Robert, Lord
Maxwell, in presens of my Lord Governour and Lordis of Articklis, to be
avisit by theim, gif the samin be reasonable or not, of the quhilk the
tenor followis:- It is statute and ordaint, that it sal be leful to all
our Soverane Ladyis Leiges to haif the Holy Writ, to wit the New Testament
and Auld, in the vulgar tongue, in Inglis or Scottis, of ane gude and true
Translatioun; and that thai sal incur na Crimes for the hefing and reading
of the samin, provyding alwayis that nae Man dispute or hold oppinyeonis,
under the paines contenit in the Acts of Parliament. The Lordis of
Articklis beand avisit with the said Writting, finds the samin reasonable;
and therefore thinkis that the samin may be usit amongis all the Lieges of
this Realm, in our vulgar toung, of ane gude, true, and just Translatioun,
because there was na Law shewin nor producit in the contrair ; and that
Dane of our Soverane Ladyis Lieges incur any Crimes for haifing or reding
of the samin in Form as said is, nor sall be accusit therefore in time
coming; and that na Personis dispute, argou, or hold oppunionis of the
samin, under the saidis Painis contenit in the foresaides Acts of
Parliament.' "This
draft of the Act having been read, `ane Maist Reverend Fader in God,
Gawine, Archbishop of Glasgow, Chaucelor, for himself, and in name and
behalfe of all the Prelatis of this Realm beand present in Parliament,
schew, that ther was ane Act instantly red in face of Parliament, that the
Holy Writ may be usit in our Vulgar Toting, and that na Crime suld follow
therupon thrott the using therof; and alegit in the said Act that the
three Estates concludit the samen : Whilk he, for himselfe and the
Remanent of the Prelates being present, as ane of the three Estates of the
said Parliament, dissassentit thereto simpliciter; but apponit thaime
therto unto the Tyme, that ane provincial Counsel might be had of all the
clergy of this Realm, to avis and conclud therupon, gif the samen be
necessar to be had in vulgar toung, to be usit amang the Quein's Lieges or
not; and therafter to shaw the utter [final] Determination that sal be
done in that Behalfe: and therupon askit Instrumentis.'
"But," continues Keith, " notwithstanding this
Protestation, the Lord Maxwell's Bill was certainly enacted; seeing that
within two days after the parliament had risen, the Governor, who found
himself supported by the adversaries of the established religion, thought
fit to cause issue out a Proclamation for notification to all the Lieges
of the Act concerning Holy Scriptures. Here follows the orders for the
proclamation. "`GUBERNATORY,
Clerk of Register, it is our Will, and we charge you, that ye goe proclaim
this Day at the Marcat Crois of Edinburgh the actis made in oure Soverane
Ladyis Parliament, that suld be proclaimit and gevin forth to her Lieges;
and in speciale the Act made for having the New Testament in Vulgar Toung,
with certain additionis; and therefter gif furth the copyis therof
aitentick as efferis, to all them that will desyre the samyn; and insert
this our Command and charge in the Bukis of Parliament, for youre Warrant.
Subscrivit with our Hand, at Edinburgh, the xix. day of Marche, the year
of God Jajve, and xlii. yeris."'
H, p. 262. - ARTHUR JOHNSTONE'S ODE ON
DUMFRIES.
"Pastor ab Amphryso
Drumfrisi pascua cernens
Eminus, Admeti praetulit illa jugis.
Florida tot pingues hic tondent prata juvenci,
Gramina quot verno tempore fundit humus.
Illius externas saturant pecuaria gentes,
Et mensas onerant Anglia soepe tuas.
Ditior armento seges est, et velifer amnis:
Et mare, quod Zephyri temperat aura levis.
Surgit in hac cedes, cui cedunt templa Diana?,
Vel venerabilius Graecia si quid habet.
Proditor hic patriae Brusci virtute Cuminus
Concidit, et sacram sanguine tinxit humum.
Scotia, Drumfrisi reliquis altaria praefer;
Hic tibi libertas aurea parta fuit."
The Rev. W. Bennet, Moffat,
has favoured us with the following felicitous translation of this spirited
address:-
"A shepherd, who beheld
afar the pastures of Dumfries,
Preferred them to Thessalian hills, the fairest lawns of Greece.
Full many a sleek and seemly steer enjoys the flowery fields;
Full many an herb, in genial spring, the soil ungrudging yields.
To distant lands her fruitful farms their produce oft convey,
And load the board in England's halls on many a festal day.
Still nobler wealth her valleys give, that wave with golden grain,
Her river bears the gliding sail, mild breezes haunt her main.
Within there stands an ancient pile, which more renown may claim
Than Dian's fanes, or aught that Greece exalts to sacred fame.
Here Comyn false, who sold the realm, and came to share the spoil,
Fell by the sword of valiant Bruce, to stain the hallowed soil.
Scotland! of all thy famous shrines, let one be dear to thee
Dumfries, which bore that priceless fruit, the deed that made thee
free."
H *, p. 349. - KING JAMES
VI. IN DUMFRIES.
Since our account of James's visit was put in type, we discovered in an
old newspaper the copy of an address made by Commissary Halliday to the
King, which professed to have been taken from a work giving a history of
his Majesty's progress through Scotland, which we have not seen. The
speech we subjoin, as it seems to be quite genuine.
"On Monday," it is said by way of prelude,
"the ferd of August, 1617, his Majestic, returning to England, past be
Dumfries, where, at the entrie of the Towne, this speach was delivered by
Mr. James Halyday (of Pitlochie, advocate, son of John Halliday of
Tullyboill, advocate), Commissar there.
"'Your Royall Majestie, in whose sacred person
the King of Kings hath miraculouslie united so many glorious kingdoms,
under whose scepter the whyte and reid crocies are so proportionablie
interlaced, the lion and leopard draw up one equall yok, and the most
honorable ordors of the thistle and garter march togidder, is most
heartelie welcome to this your Majestie's ever loyall Towne, whose
magistrats and people, now beholding your long-desired face, doe imitat
the lizard. For no diamouts nor carbuncles by lustre can so allure the
eyes, as doeth the ))rightness of your countenance our eyes and hearts.
Hence it is that the mynds of your good subjects are filled with such
incomprehensible joy. And considering the innumerable comforts which this
your Majesties ancient and unconquored Scotland (unica vicinis toties
pulsata procellis, Externi immunis) bath received under your happie
government, both in Kirk and Politic, what merveile is it to see the
flamme of their love kyth in their faces and tongues, two infallible
witnesses of their hearts? To recken all it wer impossible, to speake of
none it wer ungratful; if I speake out of one, which is Peace, they who,
with bleeding hearts and weeping eyes, did daylie taist of the bitter
fruictes of discord, inward and outward broyles, shall acknowledge even
that oulie Peace to bee all they could have wished, and more than ever
they could have hoped for. For what is to be wished that wee doe not enjoy
with it? Omnia pace vigent. Now Justice bath unsheathed her sword; now
basse assentation bath no place, and sycophants ar put to silence; now is
not sucked out the marrow of the people by odious and unjust monopolies;
now is not the husbandman his face worne with the grindstone of extortion,
but sitting under his owne aple-trie, he in Peace eateth the fruictes of
his labours; Relligion bath her place; Law is in vigour; Naboth bruketh
his owne vin-yard, Achitopell his just reward; simonie preferreth not
Balaam; nor doeth corrupting gold set up a judge in Israel; but everie
place is provided with some one fitting and suttable for the same.
"`If silent in these things, should wee not be
convinced of ingratitude to Almightie God, by whose grace wee have this
oure Solomon, by whose providence, under God, these good things are
procured unto us, and at the fountaine of whose wisdome so many Kingdoms
and States get daylie refreshment? Who weld essey to speake worthelie of
your worthie, rare, Royall, and heroicall vertues, should have eloquence
for his tongue; and let any speake what bee can, what call lie speake but
that which everie man doeth know? For there is no corner f the earth which
bath not heard of your Majestie, that yee are not onlie a mirour but a
master of Kings; not only a patterne to their lyfe, but also a patrone of
their cause. Doeth not your Royall practise and penning prove all these?
and knoweth bee any thing to whom your Basili-kon Doron, and your learned
writings against he supporters of the Antichristian Hierarchie, is not
knowne? O, Sir, your Majestic oweth much In your King, -that King of Kings
by whom e so munch unto you is bestowed. That wee see the face of him
whome God hath anoynted so above his fellowes, is the ground of all these
joyes which we enjoy this day. In the fulnesse of which joyes this one
thing breeds us anguish, that this your Majestie's ever loyall Towne
(whose people ever were, are, and shall be, resolved to sacrifice their
lyves in their Prince's service, and of which God made choice that it shud
be the place where your Majestic's most Royal Ancester, the waliant Bruce,
killed the Comyn, extirped the Baliol blood, and re-established the Royall
race of our native Princes), now should bee the last period of your
Majestic's progresse within this your most ancient Kingdome. Wold God it
could bee circular, as that of our other sunne, that all your Majestic's
subjects might enjoy the comfort of your presence be vicissitude! But let
God's will and your Majestie's weel be the measure of our desires.
"And since we perceive the force of our
load-stone failing, so that it bath no more power of retention; seeing
your Majestic will southward, wee would wish your course more meridionall,
even trans-alpine, that the Romish idol, the whore of Babel, might repent
of her too presumptuous sitting in the Kirk of God, ill God's owne chaire,
above the crownes of Kings. Let her feel the furie of your sword, let her
knowe the sharpnes of your pike, as weel as Of your pen; in that
expedition shall not be last mavoritia pectora Scoti. For, may wee not
now, by God's assistance, in like courage and magnanimitic, levell with
the ground their walls there, as wee did heere of these moustrous heapes
of stones and rampires reared be their Emperour Severus and Hadrian?
Especiallie now, having the concurrence of that bellicose and resolute
natione which God bath made to come under your standard with us, how can
wee but have hope to cause all them who will fight against God for
Babylon, like as many beards of animals scattered on Mount Aventine and
Appennine, will make jacks of old dyks? But, remitting this and all other
your Majestie's deseignes to God's gratious dispensation and your worthie
disposition, we close up our speach, praying Almightie God that you and
your Highnesse's Royol progenie may sit upon the thrones of your dominions
with incresse of all heavenlie and earthlie blessings, so long as the
sunne and moone shall have place in the firmament of Heaven.-Amen.'"
I, p, 443 - THE BRIDGE DUES
In the charter of Robert III. a reference is
made to the fishings in the Nith, granted to the Grey Friars of the Vennel
by his royal predecessors. The Friars had perhaps found it proper to have
this right confirmed by Lady Devorgilla's descendants, or her descendants
may, from the religious considerations of the time, have been desirous to
renew it ; for they apparently granted two successive charters conveying
and confirming the dues to the Friars. The first of these is dated 16th
January, 1425, and bears to have been executed at Thrieve. It appears to
have been granted by Margaret, Duchess of Touraine, Countess of Douglas,
Lady of Galloway, &c. It bears that the object in granting it was the
peace of the souls of King James, and of her deceased husband, Archibald,
Duke of Touraine, &c., of her own soul, and those of her son, Sir James
Douglas, and their ancestors and descendants, and of all who had died in
the faith. And it conveys the dues to the Almighty, the blessed Virgin
Mary, St. Francis, and to the Warden and Friars Minor of Dumfries, ` who,"
it continues, "are to serve the Almighty there for ever." The return to be
made by the Friars for the charter is the suffrages of their holy prayers,
yearly. The next charter, which is extant, is by James, Earl of Douglas,
&c., and is dated at Dumfries, 4th January, 1452. It bears to be granted
for the peace of the souls of the then deceased James and William, Earls
of Douglas, the predecessor and brother of the granter, and for the peace
of his own soul, and of those of his ancestors, and of all who had died in
the faith. In other respects it seems to be a repetition of the previous
charter. The
Reformation, which begun in 1558, led, as we have shown, to the abolition
of the monastic orders throughout the country. But it had been long
foreseen; and with the view of providing against its consequences, many of
the ecclesiastical bodies had previously feued out or made over their
possessions to their friends. It is not improbable the Grey Friars of
Dumfries followed this course with the bridge dues, because they feued
them out by a charter dated 10th July, 1557, which is still extant. It is
granted by Friar Charles Home, the Superior or Warden of the body, and by
the whole convent assembled ill their chapter-house, with consent of the
reverend father John Ferguson, the Provincial Master of the whole Order of
the Minor or Grey Friars within Scotland. By this deed the bridge dues are
feued out to John Johnston in Nunholm, son of Edward Johnston, burgess of
Dumfries, for a fen duty or perpetual annual payment to the Friars or
their successors of 10 merks and 40 pence Scots,. being 11s. 4d. sterling.
The deed narrates, as the motive for its being executed, that John
Johnston had been of service to the convent in several ways, and that the
feu duty was 40 pence more than the dues had ever yielded to it. As
appears from the charter, the dues had at the time been held by John
Johnston as tacksman, under a tack from the convent to his father which
had some years to run, and the rent on which was 10 merks Scots, or 11s.
1d. sterling. The charter is signed by Charles Home, Herbert Stewart,
Christopher Walker, and Richard Harlaw, who, it may be inferred from its
terms, were all the Friars. Under this deed, John Johnston became
proprietor of the dues as vassal of the Friars, whose right became a right
of superiority, with the above- mentioned feu duty attached to it.
At the Reformation, this superiority and feu
duty, with the whole other possessions of the Friars, fell to the Crown,
as being subjects that had no owner, the purpose for which they had been
originally given to the Friars having been declared to be illegal. By a
charter dated 23rd April, 1569, King James VI. gave all these possessions
to the Burgh of Dumfries; in order that the Burgh might support a hospital
and maintain the bridge. This charter narrates that his Majesty considered
it his duty to provide that a hospital should be kept up within the Burgh
for poor people who were maimed or sick, and for orphans; and also to
provide for the safety of his subjects whose business, it bears, made it
necessary for them to cross the river, and whose lives would be endangered
if the bridge were not kept in repair. It accordingly conveys to the
Provost, Bailies, Council, and community of the Burgh, and their
successors for ever, all the property and rights whatever which had
belonged to the Grey Friars; but, in order that the Friars and other
religious persons who were supported therefrom before the Reformation
might not be impoverished, the charter reserves to them (luring their
lives the full enjoyment of their income from the subjects conveyed. It
erects and incorporates these subjects into one fund or estate, which was
to be called "The Royal Foundation of the Hospital of Dumfries," and
provides that, so far as the revenues therefrom -"-cut, the Burgh should
be bound to keep up the bridge and to support the orphans and poor people
in the hospital. Owing to some cause or other, however, no charitable
institution under this charter has been founded in the Burgh.
Amongst the rights conveyed by that charter,
there is specially mentioned the half of the bridge customs falling to the
Friars. This would seem to have been merely the 11s. 4d, of feu duty which
had remained with the Friars after they had feued out the customs to John
Johnston. The right of superiority itself, to which the fen duty was
annexed, appears to have remained with or to have been resumed by the
Crown ; and in 1591 King James renewed the rights to the bridge dues in
favour of John Johnston - a descendant, probably, of the original feuar.
Though the right of the Burgh to levy the
bridge dues is recognized in several of its charters, and by the Act of
1681, the amount of the dues is not fixed by any of these deeds, and is
regulated only by usage. The Burgh has also a right to certain customs on
all goods brought within its liberties for sale, consumption, or
otherwise, which customs, in so far as goods and bestial coming across the
Nith are concerned, were levied along with the dues, till, in course of
time; the two kinds of imposts became intermixed. Tables of both were
prepared at various periods-the earliest on record being of date 23rd
October, 1732. On the 5th of November, 1772, the Town Council passed an
Act designed to regulate the bridge and market dues, and directing that
some of the latter that used to be uplifted in the market should be
uplifted at the ports or entrances of the town instead. A table of bridge
dues, based upon this Act, and professing to be framed according to the
use and practice then existing, was at the same time published and
exhibited at the Old Bridge as the rule of payment; and when the dues were
levied at the New Bridge on its erection, the table of 1772 continued to
be the guide to the tacksman or lessee in making his charges. The table
included also such market dues as were leviable at the bridge. Both kinds
of dues were expressed in Scots money, freemen in many cases paying a
smaller amount than others. We subjoin a summary of the charges:
Each horse, cow, or other cattle passing the
bridge or the river within the town's privileges, though not presented to
market, 2s.; when so presented, 8d. Each of these animals brought to
market by any of the other ports, 8d.; and if not sold, the cattle to have
the benefit of other two market days free of duty. Each animal as
aforesaid sold in market, 2s., to be paid by the exporter in addition to
the 8d. levied on the importer. Each animal presented to market, but
driven away unsold to England or elsewhere, 2s. Each sheep passing the
bridge or river, 4d.; each lamb, 2d. Each sheep, hogg, or lamb brought to
market by any of the other ports, 4d. on entering the market. Each sheep,
young or old, sold in market, 4d., paid by the exporter. Each horse, cow,
or other cattle passing from the Dumfriesshire to the Galloway side, or
for Ireland, or other parts to graze, or cattle flitting from a pasture on
the Dumfriesshire to the Galloway side, 1s. 4d.; each hogg, sheep, or lamb
so passing, 2d. It is then explained that all persons, freemen or
unfreemen, who do not reside in the Burgh, but who pay watching, warding,
and other portable charges therein, shall pay the same dues as unfreemen;
and that all inhabitants, though burgesses, who traffic in cattle, shall
pay the same dues as unfreemen, except for single beasts for their own
use, which are to pass free.
All corded packs of merchandise that pass or
repass; also all packs of wool, skins, lint, oil, wine, tar, and other
merchandise, 2s. 8d.; freemen residenters, 1s. 4d. If less than a load,
these goods to pay proportionally, except for sheep skins, thirty of which
to be charged 8d.; freemen, 4d. Each load of meal, bere, barley, wheat,
rye, pease, beans, potatoes, and other grain, roots, or fruits, 12d.;
freemen residenters, 6d. Note. -1 load of seed or horse corn, or oats, is
ten pecks; a load of bere, barley, meal, pease, beans, wheat, and rye, is
eight pecks; and a load of potatoes, roots, and fruits, is four pecks.
Each load of butter and cheese, 2s.; freemen, Is.; halves or quarters in
proportion, except for pieces of butter under four lbs., and single
cheeses under half a stone. But no bridge custom is due by freemen
residenters for grain, roots, fruit, butter, or cheese, from their own
farms, for the use of their families, they paying only custom for what
they sell; nor is custom to be levied on grain ground at the town mills,
nor on merchant goods bought from freemen in the Burgh, belonging to and
exported by the same person, in one day, under four stones weight at a
time; such exemptions only to continue, however, during the Council's
pleasure. Each load
of fish passing the bridge or river, Is.; each pock or creel of fish, 2d.
Each load or creel of shoes or clogs imported, 4d. Each load of coverings,
or waulked cloth, Is.; halves and quarters in proportion. Each load of
bark above ten pecks, imported, 8d.; freemen, 4d. Each corded pack brought
in by any of the ports on the town side, if it has not paid duty there,
and has not been opened in town, shall, in passing the bridge or river,
pay 1s. 4d.; freemen, 8d.: but if opened in town, it shall, on being
exported, pay of bridge dues, 2s. 8d.; freemen, Is. 4d. The table
specifies that no custom is payable by the Nithsdale family, and closes
with this nota bees-'' The double of all the said customs is payable at
the public fairs of this Burgh, conform to use and wont."
Such, in brief, is the bridge dues system, as
it continued up till a very recent period. Its operation was often
complained of by the people of the Stewartry; and more especially when
carts or waggons superseded pack-horses, and the charges had to be
converted from Scots into sterling money, did it become a source of
wrangling and dispute between the tacksman and importers. With the view of
facilitating the collection of the dues, the Town Council, on the 16th of
October, 1854, issued , for the guidance of their tacksman, a table
defining and explaining the table of 1772; the latter still remaining the
authoritative rule of payment for the public. The charges were expressed
in sterling money; and, among other changes, the indefinite or uncertain
quantities of the old table were transformed into specific measures. Thus,
"merchandise," wool, and lint, instead of being charged by the pack, were
charged 4d. on every 10 cwt. ; tar, instead of paying so much per pack,
was made liable to 1d. per barrel; herrings, though not previously
included in merchandise, were subjected to Id, per barrel-quantities of
half a cwt. and under to pass free. This comprehensive explanatory
sentence was also introduced: " Merchandise includes every thing that is
the subject of commerce or mercantile dealing." A peck was represented to
contain 7 imperial gallons, weighing 70 lbs. of water; a peck of seed or
horse corn, 35 lbs.; a peck of bore, barley, meal, pease, &c., 46 lbs; and
a peck of potatoes, roots, or fruits, 84 lbs. - the charges in each case
being ted to these measures instead of loads. A load offish was defined to
weigh 2 1/2 cwt. ; a load of coverings or waulked cloth was reckoned of
the same weight. All the money conversions seem to have been fairly made
on the principle that 12d. Scots is represented by 1d. English; and the
Council, in specifying quantities, were, we believe, guided by the best
authorities, oral and written, they could obtain. Lime was exempted from
bridge dues by the old table; and by that of 1854, coals, and dung
purchased by the farmer who was to use it from the person in whose
premises it was produced, were also permitted to go free.
Before this new table was
drawn up, however, the indiscretion or cupidity of the tacksmen in 1854
rendered the impost increasingly obnoxious to the gentlemen of the
Stewarty, till, as a result, a number of them united in raising an action
for the purpose of having the articles charged upon defined, and the scale
of dues determined, or, if possible, getting the dues abolished
altogether. It is not necessary that we should give a detailed account of
the proximate causes of the litigation, and trace its varied and
protracted course through the Court of Session. A brief statement must
suffice. On the 5th of February, 1862, an action was brought before the
Lord Ordinary (Kinloch) at the instance of Wellwood Herries of Munches,
Mark Sprot Stewart of Southwick, Robert Maxwell Witham of Kirkconnell,
Robert Kirkpatrick Howat of Mabie, Wellwood Maxwell of The Grove, Francis
Maxwell of Breoch, William Stewart of Shambelly, Patrick Dudgeon of Cargen,
Walter M`Culloch of Ardwall, James Biggar of Maryholm, and Alexander
Oswald of Auchencruive, against the Provost, Magistrates, and Town Council
of Dumfries, in which the pursuers claimed decree of reduction of the
tables of 1772 and 1854, and relative Acts of Council, and declarator of
the bridge dues, and to have a table of dues prepared; their pleas of law
being in effect as follows:-1. The dues enumerated in the tables of 1772
and 1854, and the Acts of the Dumfries Town Council relating to them, not
being authorized by statute, charter, or usage, and being altogether
without lawful authority, ought to be reduced and set aside. 2. The tables
being inconsistent with one another, and unsupported by immemorial usage,
ought to be reduced and set aside. 3. The table of 1772 being expressed in
Scots money, and in obsolete weights and measures, and having, moreover,
fallen into desuetude, and been superseded by usage inconsistent
therewith; and the table of 1854 having been merely an unauthorized
attempt to revive and explain and extend the application of that obsolete
table, Do effect can now be given to either of them. 4. In no respect are
the defenders entitled to levy higher dues, or from or in respect of
persons, bestial, and articles, other than according to the usage which
shall be proved to have been immemorial. 5. The defenders are not
entitled, under the head merchandise, to levy duty upon articles which
have not been subject to it by immemorial usage.
The defenders, under eight different clauses,
pleaded their right to levy the duties in question in virtue of their
charters, the Act of 1681, immemorial usage, and a prescription extending
over more than forty years. They held that the table of 1772, as explained
by that of 1854, had been immemorially sanctioned; that there were no
sufficient grounds on which the conclusions of reduction could be
supported; that the whole material statements of the pursuers, being
incorrect in point of fact, the action was unfounded; and that the
defenders were therefore entitled to absolvitor, with expenses. Lord
Kinloch allowed parties a proof of their respective averments, and to each
a conjoint probation; and the same was taken by William Ellis Gloag, Esq.,
advocate, in the King's Arms Hotel, Dumfries, on the 5th, 6th, 7th, and
8th of April, 1864; and also by adjournment in Edinburgh in the following
summer and autumn. With the evidence thus obtained before him, his
Lordship pronounced an interlocutor, dated the 30th of June, 1865, to this
effect:-He held that the term merchandise, as employed in the table of
dues, comprehends all articles which are the subject of mercantile
dealing, and which were in use to be loaded either on a horse or cart; but
that it does not comprehend live animals or dead carcasses. Also that the
said term does not comprehend lime, coal, manure, either natural or
artificial, trees or wood, drain-tiles, stones, slates, hay, straw,
agricultural implements, furniture, or machinery. He found also that
foals, calves, and lambs following their mothers are not chargeable, nor
swine dead or alive; that no charge could be exacted from carriers other
than on such articles as the table specifies; that herrings are chargeable
as fish, and clogs as shoes; that horses are not chargeable when saddled
or in harness; and that the defenders are not entitled to levy double dues
at any period. His Lordship further appointed the cause to be enrolled, in
order that steps might be taken for having a table of bridge dues framed
according to the foregoing finding. In pronouncing the interlocutor, lie
professed to proceed upon the principle that no dues ought to be levied by
the defenders except such as have been sanctioned by immemorial usage.
This decision seriously reduced the revenue of the bridge by its
restricted reading of the term "merchandise," and by cutting off several
articles which the defenders thought were legally chargeable. The
defenders therefore reclaimed, and the case came, by appeal, before the
First Division of the Court of Session, on the 1st of June, 1866. All the
judges present; the Lord President, the Lords Curriehill, Deas, and
Ardmillan, agreed with the Lord Ordinary, whose interlocutor they
accordingly adhered to unanimously, with expenses. A new table is now
being adjusted, in terms of the judgment of the Court.
Sundry dues, trifling in amount, were also levied at the trone or
weigh-house, at the three ports, at the meal market, at the salt market,
and at the mills; but all that remained of these were abolished shortly
after the adoption of the Burgh Reform Act, 1833.
K, p. 520 - SUFFERINGS AND LOSSES, 1650-51.
"Ane compt of pairt of the sufferings and
losses sustained be the towne of Drumfreis since Septer. 1650.
"Imprimis, Upon the 10th of Decemr. 1650, four
trowps of horse under the comand of Major Bethel, surpryzed Drumfries,
whair they remained four days upon frie quarters, doing great abuses, the
town being no way provyded for them, which losse they estimat to the soume
of two hundred pounds sterling (£200).
"It., Upon the 17th of Decr. 1650, thair came
to Drumfries Leivetenant Collonell Ditton, with a regiment of foot from
Cairliell with seven or aught trowps under the comand of Captain Dawson,
Major Bethell, Captain Craikenthrop, Captain French, &c., whair the foot
remayned for the space of twenty days or thairby upon frie quarters, and
the most pairt of the horses ; which losse they estimat to the soume of
fyve hundred pounds sterling and above (£500).
"It., Shortly thairafter, about February 1651,
Collownell Harker came to Drumfries with his regiment, whare he with some
of his trowps remained upon frie quarters for the most part of the time,
till May, which loss, &c., two hundred (£200).
"It., That same yeir, in March and Apryll,
came Colounll Allane, whair he remained upon frie quarters till May, at
which tyme Collounell Harker and Collounell Allane marched with thair
regments towards the army, and ordered the town of Drumfries to buy for
thair use a considerable quantity of oats which were come be water fra
Ingland, for provisioun for thair horses on thair travill, which losse,
&c., ane hundred £100).
"It., Thairafter, in May, 1651, Collonell
Allane returned to Drumfries with his regment, and abode in the cuntrie a
short space, at which tyme he caused his trowpes drive away all the heists
within and about Drumfries, till the toune sent to him to Hawick ane
hundred and fifty punds sterling to releive thair beists (£150).
"It., In July, 1651, Generall Major Harrison
come throw Drumfries with about tune thousand horse and foot, to whom the
towne gave in provisions, and they suffered in their corns and other
extraordinary losses fourscore punds St. (£80).
"It., In September, 1657, Major Thomas Scot
came from Leith with thrie or four trowpes of horses, who constrayned the
towne to pay in money ane hundred and fiftie pounds sterling, besyd frie
quarters, and greit abundance of corns, which they destroyed for provision
for thair horses, which loss and money they estimat at thrie hundred
pounds (£300). "It.,
Losses sustained by Captain Grimsditch, quarterings by fyve gairds abune
his locality, which charges and losses they estimat at one hundred and
fifty punds (£150).
"It., The losses they have sustained in August and September, 1656, by the
souldiers, who payd almost nothing for thair quarters, and committit many
abuses and wrongs, &c., ane hundred punds (£100).
"It., Thair was spent in quarterings since
Dec. 1650 till Dec. 1656, Drumfries lying in the roadway betwixt Glasgow,
Ayr, Irvine, Galloway, and Ingland, so that all the forces which either
went to' England, or came from England, to any of these pairts, came throw
Drumfries and quartered thair, which loss and damage they estimat five
hundred punds (£500).
" Summa of all is £2,250 sterling."
L, p. 523. - THE WHITE STEEDS OF THE SOLWAY.
Thousands who never saw the Solway have heard
of its rapid northward flight, when filled by " a flowing sea, and a wind
that follows fast," rendered familiar by the line,
"Love swells like the Solway, but ebbs like
its tide." Many fatal
accidents have occurred to travellers overtaken by the Solway tides, when
endeavouring to cross its sands; and when a "spate" in the Nith conjoins
with an unusual flux from the sea, serious inundations ensue, destructive
of property, and sometimes also of human life. The oldest recorded flood
of this kind took place towards the close of 1627, and is thus
described:-"At Blackshaw and portions of the parish of Ruthwell, a deluge
was experienced such as 'none then living had seen the like.' It went at
least half a mile beyond the ordinary course, and threw down a number of
houses and bulwarks in its way, and many cattle and other bestial were
swept away with its rapidity; and what was still more melancholy, of the
poor people who lived by making salt on Ruthwell sands seventeen perished;
thirteen of them were found next (lay, and were all buried together in the
churchyard of Ruthwell, which, no doubt, was all affecting sight to their
relations, widows, and children, &c., and even to all that beheld it. One
circumstance more ought not to be omitted. The house of old Cockpool being
environed oil all hands, the people fled to the top of it for safety; and
so sudden was the inundation upon them, that in their confusion, they left
a young child in a cradle exposed to the flood, which very speedily
carried away the cradle, nor could the tender-hearted beholders save the
child's life without the manifest danger of their own. But, by the good
providence of God, as the cradle, now afloat, was going forth of the enter
door, a corner of it struck against the door-post, by which the other end
was turned about, and, going across the door, it stuck there till the
waters were assuaged. Upon the whole, that inundation made a most
surprising devastation in those parts; and the ruin occasioned by it had
an agreeable influence on the surviving inhabitants, convincing them more
than ever of what they owed to Divine Providence; and, for ten years
thereafter, they had the holy communion about that time, and thereby
called to mind even that bodily deliverance."* The following is an extract
from Mr. M'Lellan's manuscript account of Annan:- "The dealers, in former
times, passing into England with their horse and cattle for Broughhill and
other Cumberland fairs, crossed the Solway Firth from Annan shores, at
Booness-Wath ford, during the recess of the tide, with which ford old Joe
Brough and other guides were familiar. At this passage many lives have
been lost, and dangers incurred, from the rapid `three-feet-abreast' tidal
influx and ebb; and some yet living will remember the unhorsing and
drowning of Mr. Graham, Cross Keys Inn, Dumfries, about 1818, and how the
horse, turning its head to the English side, swain back with the drowned
man's son William, who hung on by the hair of its mane."
M, p. 646 - PRINCE CHARLES'S TRIBUTE MONEY.
We give verbatim the list of the parties who
contributed, with the amount of their contributions, as it appears in the
Town Council Minutes.
"From Archd. Maxwell, met in Drumfries,
thirteen pounds sterline; from Doctor James Hay, physician there, five
pounds sterling; and from Joseph Corrie, town-clerk of the said Burgh, two
hundred and eighteen pounds sterling, for which Wm. Carruthers, Baily, had
accepted bills to them; front Winifred Maxwell, relict of Adam Craik, of
Duchrae, thirty pounds sterling, for wh. the sa. Wm. Carruthers, and John
Dalzell of Fairgirth, had accepted bill to her; from Mr. James Hoggan in
Comlongon, one hundred pounds twelve shillings sterline; from Wm. Gordon
of Campbelltoun, two hundred and fifty-six pounds seven shills. and
ninepence ster.; and from Wm. Craik of Arbigland, twenty pounds ster.;
from the said William Gordon of Campbellton, one, hundred pounds sted.;
from Wm. M`William, in Greenhead of Carlaverock, eightie pounds sted. from
John Milligen, mercht. in Kirkcudbright, eighty pounds sterld.; from Sir
Robert Lawrie of Maxwelltown, fourty pounds sted.; from Bryce Blair, late
Provost of Annan, one hundred pounds sterline; and from John Goldie of
Craigmuie, Commissarie of Dumfries, therty-two pounds sterld.; and for
which sums borrowed from the s"• Mr. James Hoggan, the first sum borrowed
from Campbellton, and the sum borrowed from Arbig-land, the Provost and
John Graham, baily, had accepted bills to them-for the sum borrowed from
Wm. McWilliam, the Provost, John Ewart, late provost ; and Win. Carruthers,
bailey, had accepted bill to him-for the one hundred pounds borrowed from
Campbellton, the Provost, Bailys Thos. Gilchrist, Graham, and Carruthers,
had accepted bill to him-for the sums borrowed from the said Thos.
Kirkpatrick, John Milligan, and Sir Robert Lawrie, the Provost, Baily
Graham, and James Wart, of Mullock, had accepted bills to them-for the sum
borrowed from Mr. Blair, the Provost, Baily Graham, and Thomas
Kirkpatrick, mert. in this burgh, had accepted bill to him-and for the sum
borrowed from the said John Goldie, the Provost, and Bailys Graham and
Carruthers, had accepted bill to him: And from John Johnston, present
provost of Annan, one hundred pounds stg., for wh. the Provost, Baily
Graham, and the said Thomas Kirkpatrick, mercht in this Burgh, had
accepted bill to him; as also, that they had borrowed the rest of the said
two thousand pounds from the persons afternamed, and for which there is
yet no security given - viz.: From Wm. Burnet, mercht., sixty-three pounds
nine shills.; from James Bell, late baily, five pounds five shills.; from
John Graham, present bailie, ninety-four pounds thirteen shills. and
threepence; from John Ewart, late provost, eight pounds two shills.; from
David Edgar, mertt. ten shills. and sixpence; from Adam Marchbanks, deacon
of the weavers, one pound; from James Turnbull, schoolmaster, one pound;
from Alexr. Wylie, watchmaker, live shillings; from John Murdoch,
shoemaker, ten shillings; from Margaret McNish, -, five shillings; from
James McNish, taylor, one pound one shill. ; from Wm. Kellock, inndweller,
eighteen shillings; from Robert Baily, officer of Excise, one pound fyve
shills.; from James Aiken, convener of the trades, two pounds two shills,;
from Mrs. Jannet Murray, sister to Dougall Maxwell (alias Murray), of
Cowhill, one pound one shill.; from Wm. Reid, deacon of the smiths, tell
shills, and sixpence; from Agnes Lewars, weadow, five shillings ; from
James Neilson, mdssr, , ten shills. and sixpence; from Wm. Welsh, inert.,
five shills. ; from Mary Reid, widow, five shills.; from John Johnston,
mert, two shills. ; from James Kennedie, -, two pounds two shills.; from
Wm. Ferguson, mercht., one pound; from Wm. Hawthorn, weaver, one pound;
from Margaret Corrie, relict of Robert Gordon, seven shills.; from Francis
Mitchell, shoemaker, one pound four shills. and sixpence; from Elizabeth
Cunningham, widow of Edward Welsh, mertt•, two pound two shills.; from
David Kelly, inndweller, five shills.; from Charles Kirkpatrick, mercht, &
Sons, seventeen pounds ten shills.; from Wm. Howell Baxter, seventeen
shills.; from Will. Laurie, mert. one pound ten shills. ; from Wm.
Johnston, mertt., three pounds seventeen shills.; from Charles Mercer,
mathematician, one pound; from Robert Cutlar, late bailie, eighteen pounds
five shills. ; from Robert Smith, mertt., two pounds two shills.; from Mr.
George Clerk, of Drumcrief, three pounds; from Ann Johnston, widow of
Joseph Johnston, surgeon, two pounds two shills.; from James Kirkpatrick,
workman, ten shills. and sixpence; from Jannet Reid, widow of Thomas
Edgar, late provost, two pounds two shills. ; from James Morison, mertt,
sixteen shills. ; from David Bean, mercht - six pounds six shills.; from
Baily Thos. Gilchrist, one pound one shill.; from Marion Gillison, widow
of James Dalgleish, inert- three pounds three shills.; from John Bryon,
taylor, five shills. ; from John Irving, late provost, two pounds two
shills.; from Thos. Wilkie, couper, four shills.; from Wm. Gunzon, mert.
live pounds five shills.; from Wm. Hodgeson, tanner, ten shills. ; from
James Copland, writer, one pound; from Thos. Adamson, weaver, ten shills.;
from George Gordon, mert, fourteen pounds; from James Brand, mert.
fifty-two pounds ten shills.; from James Clerk, Mert. ten pounds; from
Robert Edgar, writer, five pounds five shills.; from Elizabeth Dalrymple,
Ladle Moriwhat, five pounds; from Thomas Carlyle writer, four pounds; from
Margaret Edgar, widow of John Dobie, ten shills.; from Will. Clerk,
writer, eight pounds; from Miss Peggie Maxwell, sister of James Maxwell of
Carnsalloch, two pounds two shills.; from Thos. Morison, surgeon, five
pounds fourteen shills.; from John Beck, innkeeper, ten shills.; from
James Douglas, copper-smith, three pounds three shills.; from Matthew
Palmer, brewer, one pound one shill.; from Wm. Stothart, mert. six pounds;
from James Harley, deacon of the wrights, ten pounds; from James Reid,
landwaiter, twenty-five pounds; from Daniel Mason, mert-, ten pounds; from
Archibald Malcolm, writer, three pounds; from James Corrie, mert., one
pound; from John Dalzell of Fairgirth, thirty-two pounds; from Gilbert
Paterson, inert, five pounds; from Hugh Lawson, mert., eight pounds; from
Alex. Spalding, inert-, one pound eleven shills. and sixpence; from Andrew
Caird, mert, two pounds; front John Clerk, writer, one pound one shill.;
from John Riddick, taylor, five shills.; from Samuel Cummine, taylor, one
pound one shill.; from Wm. Jardine, vintner, three pounds three shills. ;
ffrom Alexr. M`Gowan, late Baily, one pound; from Barbara Fingas, widow of
Mr. Robert Patoun, minister, one pound eleven shillings and sixpence ;
ffrom Wm. Ker, shoemaker, one pound one shill.; from Robert Joat,
shoemaker, tell shills. and sixpence; from James Cuthbert, stabler, three
pounds; from James Swan, innkeeper, four pounds fifteen shills.; from
Thos. Davidson, innkeeper, one pound; from Wm. Dod, mert., three pounds;
from Elizabeth Maxwell, relict of John Neilson of Chappell, two pounds;
from Herbert Kennedy, inert., two pounds two shills.; from Andrew Robison,
barber, eight shills. ; front George Bell, provost, twenty-five pounds;
from James Smith, writer, one pound one shill.; from Jean Braithwait,
relict of Win. Scot, vintner, eleven pounds; from Wm. Carruthers, baily,
Dine pounds; from Thos. Hidleston, cook, one pound; from James Fairies,
mercht, one pound five shills.; from James Maxwell, yr. of Barncleugh,
twenty-three pounds; from Robert Grierson, mert', one pound one shill. ;
from James Dickson, writer, two pounds two shills. ; front John Maxwell,
wright, one pound; from Richard Dickson Baxter, ten shills. ; front Janet
Wilson, widow of John Edgar Baxter, three pounds three shills.; front John
Grierson, bookseller, ten shills.; from Mr. Richard Louthian of Staffold,
thirty pounds; from John Wallace, mert, four pounds; from Thos.
Kirkpatrick, mert., forty-six pounds; from Dr. Ebenezer Gilchrist, tell
pounds tell shills.; from John Maxwell, mertt, twenty-one pounds four
shills. and sixpence; from John McKie, late conveener of the trades, two
pounds; from Andrew Crosbie, late provost, seven pounds; from John Ewart,
vintner, five pounds; front the before-named John Goldy of Craigmuie, One
pound; from John Grierson, dyer, one pound one shill.; front Win.
Gardener, gardiner, live pounds; from Charles Edgar, late deacon of the
weavers, ten shill. and sixpence; from Will. Weems, wright, ten shills.;
from James Newall, weaver, fyve shills; and from John Hynd, commissarie
clerk, fyve pounds-all the aforesaid sums being sterline money."
N, p. 866. - PROVOSTS OF DUMFRIES.
A complete list of the Provosts, from 1651
till our own day, is furnished by the Books of Council; and from other
sources, such as the Minutes of the Convention of Royal Burghs, the Acts
of the Scottish Parliaments, and unassorted papers in the Record-room,
Dumfries, we have been able to carry the list much farther back, though in
a very incomplete form,and in a few instances names have been introduced
with some hesitation, as the proof on which we relied was inferential
rather than direct. These doubtful cases are indicated by an asterisk. The
magisterial elections occurred at Michaelmas (29th September) each year,
till the (late of the Burgh Reform Bill, in 1833, when they were fixed to
take place on the first Friday of November - the provost being chosen for
three years, instead of, as before, for one year.
P. 677. - THE PYETS AND THE CROWS.
Whilst our last sheet was being sent to press,
we learned from a relative of Deacon Smith, sentenced to transportation
for the part taken by him in the municipal riot of 1759, that it is
believed by the family that his sentence was remitted, and that all the
other convicts were dealt with by the Crown in the same merciful manner.
We have been unable to find any positive evidence in proof of this
tradition. |
