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The Town Council, as
originally authorised by Janies V, “be ye grace of God, King of Scotia,”
consisted of 21 members, including’ a Provost and three bailies. The
Councillors were all men of substance, though from the first an attempt was
made to have representatives from the leading trades. Annually, in October,
the old Council chose the new, and the new and old Councils together then
chose the Provost and bailies, two officers—“jandis or serjandie”—two
constabillie, a “tliesaurare,” “procuror fischal,” and a “dempster.” By
rights, these were submitted to what was called a “ Head Court of the haill
inhabitants,” but this ceremony appears only once previous to 1612. There
was another public meeting, held some time after 1592, which may have been
made to do in place of it—“Calling ye comon Roll is.” “Quarto die Meuse
Octobris 1005, the quliilk day the burgesses inhabitants of ye bur beand
thrie several tymes callit upone at ye Tollmith Dore . . ye absentis was
nottit and everie ane of yame condaminit in ye unlaw of fourtie shillings.”
The chief magistrate was usually a nobleman or lauded gentleman. On one
occasion a bailie was advanced to the Provost ship, but often there was no
Provost, a bailie being* chosen “moderator” or “convener.” Whether Provost
or moderator, the first magistrate was also the representative of the
Burg'll in the Scottish Parliament, and usually in the General Assembly of
the Church, and the Convention of Burghs, which at one time was almost as
important as Parliament. These conventions were held in a different burgh
each year. In 1607 the convention was held at Burntisland. Each year the
Commisioner. on bis return from the convention presented a report of the
subjects discussed, usually 20 or 30 in number. In 1647 there were over 60
subjects filling many pages.
The blanks in the Council
Records, and the difficulty of reading* some portions, make it impossible to
give a complete list of the Provosts or moderators. The following are all I
have discovered :—
1592-8.—“Sir Robert Melville,
youngare, of Murdocaruie, Kniclit, Provost.”
1599-1602.—‘‘Sir George Home, of Spot, Knicht, Great thesaurer, was elecit
aud cliosin Provost.”
1603.—No Provost.
1604-5.—“Sir Robert Melville, Provost.”
1606-10.—“Ane Potent and nobille Lord, George Erie of Dumbare, Lord Home of
Berwick, Heicli Thesaurer of Scotland, and cancellare of the cstliebare of
England, Provost,”
1611.—(Bailie) “Patrick Greilf, burgess of ye said Burgh, Provost,”
Town Records absent from 1613
to 1645, but in the Privy Council Records of 1617.—“ Patrick Greif, . . .
Provost of Bruntiland.”
The following- two are found
in Speed’s notes, except that he gives the second as William, which was
wrong :—
1618-1635 (or part of).—Sir
Robert Melville, after 1621 Lord Melville, Provost.
1640-1640 (or part of).—Sir James Melville, of Halhill and Burntisland
Castle, Provost.”
From 1649 to 1660—first
Commonwealth, Cromwell’s protectorate, Richard Cromwell, and second
Commonwealth, there was no Scottish Parliament, but a very frequent mention
is made of the Council of State to which the representative bailies were
always being sent. This body took something- like the position of the Privy
Council, and was composed of eight Englishmen sitting at Dalkeith, and
afterwards at Edinburgh, when some Scots were introduced. At tlie same time
the Commonwealth gave Fife one representative in the Parliament at
Westminster. James Sword was elected in 1652 to represent the Fife burghs
there, and in 1656 Col. Werthaimer (?) who on one occasion was paid £100 for
his main-tainance.”
1650.—“ Captain Andro Watson
(Bailie) was electit moderator and convener of thair meetings.”
1655.—“ George Davidson (Bailie) . . Moderator of ye meetings of Counsall.”
1663.—“ Gilbert Halyburton (Bailie) . . . apoynted commissioner to the
currant Parliament.”
1670.—William Ged (Bailie) “ commissioner.”
1673.—James Dewar (Bailie) “ commissioner.”
1685.—Michael Seton (Bailie) “ commissioner to the Scottish Parliament.”.
(Seton was paid . 40s a day for expenses.
Records absent 1688-1701.
1702.—Alexander Ged (Bailie)
“commissioner to Parliament” (and for several years before. On June 5th
“Bailie Alexander Ged signified to the Counsell that the reason why lie
conveued them to-day is that he intends, God willing, to goe over to Edgli.
upon Munday nixt to attend the Parliat. sitting doune the nixt day. And
yrfor desires to know what commands they have to lay on him and what
instructions they have to give him anent his voting in the ensuing sessjone
of Parliament. The Counsall’s answer is that they were very well pleased
with his behaviour in the last sessione of Parliat., and that he went along
with ye Duke of Hamilton and his pairty who were for the good and interest
of their country. And they hoped and expected that he would still adhere and
. . . (vote) with that pairty.” The Earl of Leven had complained to the
Council of Ged’s not being of the Court Party. But Ged held that he had
fulfilled bis promises to the town, and reminded the Earl that the
Government owed Burntisland three years’ stipend; nothing had been paid for
the transport of troops by the town’s boats, and the old promise to grant
the town power to impose 2d on the pint of ale was still unredeemed. The
Earl’s real opposition to Ged lay in Ged’s favouring the ill-starred Darien
scheme, the colonisation of the Atlantic border of the Isthmus of Panama.
This, the English feared, would be detrimental to their plans in India.
In 1702 the Provostship and
the representation of the burgh in Parliament were separated for the first
time. While Ged went to Parliament, a Provost remained in Burntisland.
1702-1722.—“ The Right Hon.
John Lord Leslie, lawful son of the Earl of Rothes, Provost.” In 1722 this
Lord Leslie became 8th Earl of Rothes, and Commander-in-Cliief of the forces
in Ireland. Daniel Defoe had just visited Burntisland and Leslie House in
the time of his father. Xorman Leslie, master of Rothes, who, with his
brother John assisted at the murder of Cardinal Beaton, was a son of the 3rd
Earl. There are a great many communications in the Council Records from the
notorious Otli Earl of Rothes, who was Sheriff of Fife as well as Chancellor
of Scotland. He had bonds on the town for money lent, 1067-1081.
1723-24.—“The Hon. Thomas
Leslie, brother german to the Earl of Rothes, Provost.”
1725-27.—“The Hon. Charles Leslie, brother german to the Earl of Rothes,
Provost.”
1780-83.—“Janies Townshend Oswald, of Dunnikier, supernumerary counsellor
and Provost.”
1788-91.—“'William Ferguson, Esq., of Raitli, supernumerary counsellor and
Provost,” .
1792.—“ Sir Janies St Clair Erskine, of Dysart, supernumerary counsellor and
Provost,”
Returning to 1702 when, for
the first time, the offices of Provost and Commissioner to Parliament were
separated, we find Bailie Ged was the Commissioner in June. In September,
the Council elected the Right Hon. Sir Jon Arskine, of’ Alva, Knight and
Baronet, to be their Commissioner to Parliament. He continued to represent
Burntisland until the union of the Scottish and English Parliaments in 1707.
In 1706, in reply to a communication from him regarding the union of the
Parliaments, the Council at a special meeting wrote that in these critical
times they prefer not to be represented (on the question of union then to be
decided) at the special Convention of Burghs. “Sir Jon” afterwards
represented them in London until after the Union was consummated, and the
first election for the new constituencies over. On May 14th, 1708, “ Sir Jon
Arskine of Alva, their Commissioner to the Parliament of Great Britain,”
writes saying their address was presented to “ Her Majesty, being introduced
by the Duke of Montrose . . The House of Commons was in a great concern to
have a good harbour and dockyard in the Firth, and seemed generally to think
Burntisland the best. But the invasion broke them up in a kind of confusion.
. . .” This invasion, which apparently delayed the progress of Burntisland,
was that of the fleet of Louis XIV., who sent 26 vessels with 4000 troops in
an unsuccessful attempt to land the “Pretender” at Leitli.' On 24th May the
Council appointed a commissioner to go to Dysart “to vote for a member (for
tin' group of burghs) for the session to be held on the 8tli day of July, at
the Citie of Westminster.” I believe the first representative for these
burghs was Lord St Clair, but on lOtli January, 1710, “Colonel Janies
Abercombie was chosen to go to Parliament in place of Mr St Clair,” who bad
been unseated on account of being a peer. In June, 1711, Capt. James Oswald,
of Dunnikier, is voted for as “their burgess for to represent the said
district in the ensuing Parliament of Great Britain.” In 1727, “Colonel
James Stellar was elected comr. for the Burghs to Pari.”
The appointment of the two
town’s officers (serjandie), whose dress was a four-tailed red coat with
white lining, and a cocked hat, was complete on receiving "thair wandis
cojuntillie and severallie.” These wands were carried with them when
delivering missives, and often appear before the Council to deliver “broken
wandis” (we hope figuratively) against those who had refused to recognise
their authority. One of their duties was to attend the Council to the Kirk.
In 1681, “ ordanis ye liaill Counsell ilk Sabotli day to com peir at ye
ringing of ye Tolbuith bell, in ye chamber under ye Tolbuith, and attend ye
Magis trates to ye Kirk, ye officer David Couper to goe befoir them with ye
halbert.”
The first time “constabills”
appear is in 1611, when 3 burgesses are elected “constabills of ye pace” for
six months, and in May following Baxter, a talyeor, and a Coupar were
elected in tlieir room. These men gave their services gratis, and Speed
says, on the abolition of the system in 1833, that the paid men would never
be so efficient as the old.
The Dempster was a person who
delivered the finding and sentence of the Court.
According to the report on
the Municipal Corporations in 1833, the Council could appoint two Town
Clerks.
That the Head Court, by which
the self-elected Councils were supposed to be confirmed, was a mere legal
formality, and did not allow the end intended—the goodwill of the
community—is very often in evidence. A serious instance, showing the popular
disatisfaction with this method of election, occurred iu 1617 when (Privy
Council's Records) “John Roswell, skipper, James Ramsay, Coupar, Eustatius
Robertson, mariner,” and 7 others were tried at Edinburgh for disturbing the
peace of ”Bruntiland.” . . Tliay brocht the said Burgh, quhilk of late wes
composit of a liomber of peciable, modest, and obedient inhabitants, in that
estate and condiioii that now the obedience of the magistrate is eossin aft
. . . The said persons . . . most unlanchfnllie factiouslie and seditiouslie
convocat and assemblitt togidder a grite nomber of the inhabitants without
the presence of the magistrat, first in the Kirk about fyve in the clock in
ye morning, and in ye efter noone . . and in Juny last in ye Tolbuith of ye
said Burgh, and proudlie and arrogantlie unsurpit upone thain the autliorite
of ye magistrate And not (‘ontent with this form of eonrocatioune thay began
to presoome so far of tliair pouer and force within ye sd burgh that very
proudlie and malapairtlie thay took upone tbaim the office of the magistrate
and appointit thair meetings with sound of drum. Thay sent twa drumis throu
the said Burgh commanding the inhabitants to meet with thame. Thay haif
imposit and layd taxatioune upone ye poor inhabitants the better to mak
thame follow oute and prosequute thair factious courses . . .” Only three
appeared at the trial. These were committed to the Toltooth of Edinburgh
indifinitely, and the others declared rebels.
In 1611 “Ye Bailvies and
Clerk of ye Brint-iland wes committit to the Tolbuith of Edinburgh,” it
appears for some evasion of the sett of the Burgh. It was in this year
Patrick Grief, a bailie, was chosen Provost by a pluralitie of votes.
Nor were the Bailies and
Councillors always satisfied with the way they were elected. They do not
appear to have been consulted as to their willingness to take office. There
are innumerable instances of their refusal to accept office. Especially
after Cromwell’s triumph in 1651 and well into the 18th century the
difficulty of obtaining Councillors was extreme. Due to the heavy
assessments for the military many burgesses emigrated. Even the Town Clerk
fled to Aberdour, and refused to return “ except lie be exempted from
quartering1, watching and warding.” Which was agreed to. Then, after the “
bonf'yres” and rejoicings, came (1661) Charles II.’s declaration of
ecclesiastical supremacy. At first none would sign it; by 1662 only a few,
and that with qualifications. Even in 1616 four Councillors were fined £100
each for refusing to sign. Then from gradual loss of trade from the Union
came the town’s bankruptcy, when the Bailies were imprisoned. A good general
example was'as late as 1704., when “Ye Council” decided to “ fyne Archibald
Angus in the soume of ane hundred pounds Scots money for his not accepting
to be baillie, and ordaines him to be apprehended and put in ye Tolbuith
keep until he pays his fyne or accepts office.” At the same time three
councillors were fined £50 Scots each, and imprisoned until they “ paid or
obeyed.”
The Council constituted, a
move is made to apportion the various duties. The principal committee was
what Speed calls the jury of 15, of which I find the foreman termed the “concelare.”
This body made “ye statutes and common actis.” That is, fixed the prices at
and the conditions under which the various commodities were to he sold, and
framed laws anent beggars, riots, house letting, middens, etc. In early
times, the Bailies, while hearing cases, delivered judgment only when the
facts were admitted. When disputed, the jury of 15, or one of similar
numbers specially appointed, heard the case. The names of the jurors are
written in Latin, and occasionally their calling is added. Mr Allan Rodger,
F.E.I.S., Barrhead, has been good enough to translate a few of these, which
are here given :—
Bestiarius—Cattle dealer.
Polsntarim—Dealer in pearl
Caltiarius—Shoemaker. barley.
Camus—Dog keeper.
Pistor—Miller.
Fabermarariu—Smith.
Sartor—Tailor.
Farmarius—A meal seller.
Viator—An officer! to summon
Fastor—Controller of games. before a magistrate.
Navila—Boat hirer.
Vestiarius—Clothes dealer.
Nanta—Sailor.
Then were appointed the
“visitors to ye Harborie,” and to the meal and flesh markets, the
ale-tasters, the quartermasters—who kept men watching and warding, to keep
order, prevent smuggling, etc.—the “common Mettaris”—apparently to examine
the measures and “wechts”; stent-masters, and a Postmaster.
The various sources of
revenue were rouped, in each case to the highest bidder—Anchorage or
Docksilver, Postshipe, Beaconage, Boatsilver, Coal dues, Small customs,
“Hyred hors” dues or Postsilver (a duty of o per cent, on the earnings of
each horse). I came on a curious correspondence between the Excise and the
Tom'ii Council which looked like an offer of a slump sum for the right to
collect. Strange! The booths under the Tolbooth, eight in number, and the “Comon
Lands,” north and south—the Brume Hills and Craigkennochie, and the Links,
Lammerlaws, and kirk-yard—were also rouped. A stent roll was then framed by
the Stentinasters to meet the requirements of the year. It sometimes
happened that the tacksmen found their tack a loss at the end of the year,
in which case, on proper representation, the Council granted an abatement.
The Council meetings were
held with strict decorum and regularly weekly. The hours of meeting were
unearthly, modelled on the daylight saving lines. In 1655 “ Ye Counsell
enactis and ordainis that no Counsellor be absent from Counsel I during
ordiner Counsell day promptlie at ye ringing of ye bell qlk sal be at seven
liouris of ye morning in summer tyme fra ye eleventh of March xnitill ye
eleventh of Sepr. and at audit houris in ye morning fra ye eleventh of Sepr.
untill ye eleventh of March . . . under ye pain of 6/-,” and if half an hour
late “3/-”; those departing before the “ last prayer 12/-.” In the last case
money could be saved by not going at all. Those appearing without “ honest
hats, or wanting cloaks” were relieved of “ 6/- for ye first fault, doubling
for ye nixt.”. For refusing to vote or express an opinion “ 20/- for ye
first fault, doubling yrof fr ye nyxt,” and for those refusing to pay up
confining them “as ye counsell sail determine.” These fines were put in the
poor’s box—the fortunes of the poor rising or falling with the improper or
proper behaviour of their law givers. |
