THE primitive
practice of the king travelling from place to place, attended by a
retinue of prelates, earls, churchmen and barons, and holding courts
for the administration of justice, was gradually superseded by the
devolution of such duties upon qualified officials, such as
justiciars and sheriffs, acting under direct royal authority, and
the judges appointed by bishops, abbots and barons, each presiding
over the court applicable to his own prescribed area. The king's
justiciars or chief justices traversed the kingdom, holding circuit
courts in the central parts of the different districts, the sheriff
kept within the limits of his shire, and the attention of the
baron-bailie was confined to the area ruled by its lay or
ecclesiastical lord. In addition to the burgh court, established
subsequent to 1175, the bishops of Glasgow must have had their
baronial courts from the earliest times, though no charter
containing either an express or implied grant of jurisdiction is
known to have been granted previous to 1241, at which time the
bishops were authorized to hold the barony lands by the tenure of
free forest. Cosmo Innes was of opinion that a forest grant was the
most extensive and the most privileged in use in the thirteenth
century, and he remarks that the rights of property usually if not
invariably preceded the rights of forest. The king gave an extensive
grant of lands, and afterwards, sometimes at a considerable interval
of time, he improved the vassal's tenure by giving him a right of
forest over the same vassal's bounds, thereby conferring all the
rights which the king enjoyed in his own forests. The specific
advantage conferred by a grant in free forest in Scotland was that
it fixed a definite fine against any one cutting the wood or hunting
the deer, and the forfeiture was Rio, the same as the king's. [Legal
Antiquities, pp. 33, 41.] Though the lands of Glasgow barony were
not of very great extent, and though the term "forest" does not
necessarily imply the existence of trees, especially those of large
growth, it seems significant that the grant of forest rights was
made about the time when the rebuilding of the cathedral was
commenced, and this may be taken as an indication that the
additional powers conferred on the bishop were meant to give him
greater facilities in procuring timber to be used in the structure.
The charter of 1241
is short, and as it has not been reprinted in Glasgow Charters a
translation may be given here:
"Alexander, by the
grace of God, King of Scots: To all good men of his whole land,
greeting. Know ye that we have granted to the venerable William,
bishop of Glasgow, that he and all his successors, bishops of
Glasgow, may have and hold their lands around Glasgow, namely, the
lands of Conclud, of Schedinistun, of Ballayn, of Badermonoc, of
Possele and of Kenmore, of Garvach, of Neutun, of Leys, of
Rammishoren, and the land of the Burgh, and other lands belonging to
the manor (manerium) of Glasgow,—in free forest for ever. Likeas we
strictly prohibit any one, without their authority, to cut wood or
hunt in the said lands, upon our full forfeiture of ten pounds.
Witnesses : Clement, bishop of Dunblane; master Matthew, archdeacon
of Glasgow ; John, sheriff of Strivelyn; Wairam of Normanvill. At
Kirketun, the 12th day of September (1241) in the 28th year of our
reign." [Reg. Episc. No. 180.]
The ten leading names
of lands here given, coupled with the generality "and other lands
belonging to the manor of Glasgow," seem intended to include all the
territory belonging to the bishopric north of the river Clyde and
east of the river Kelvin, and to leave out the lands of Govan and
Partick situated to the south and west of these streams. Conclud,
Schedinistun, Ballayn and Badermonoc, places already referred to in
previous chapters, may be regarded as combining all the barony lands
to the east of the burgh territory. Possele and Kenmore or Kenmure
occupied the north-western district of the barony, and Garvach,
Neutun and Leys, apparently the lands now known as Garrioch, Kirklee
and Newton, or, as it was sometime called, the new town of Partick,
completed the western section. Ramshorn which, from at least the
year 1518 when it is first noticed in the bishops' rental-book, is
always bracketed with Meadowflat, here makes its earliest appearance
as Rammishoren, a name which has often attracted the attention of
etymologists but has hitherto baffled their powers of satisfactory
solution. Originally the name may have been applied to lands of
wider extent, just as the name Conclud or Kinclaith is believed to
have been formerly the designation of a large stretch of river
frontage though it is now applicable to no more than a small portion
of the Green. As known in modern times, Ramshorn and Meadowflat
embrace the present George Square and extend from St. Enoch's Burn
on the west to the High Street properties on the east, and from
Rottenrow on the north to Longcroft, in the line of Ingram Street,
on the south. Mainly on account of their central position these
lands were early acquired by the magistrates and council and were
incorporated with the burgh by the first statutory extension of the
municipal boundaries.
About the time of the
forest grant the bishopric received an important addition to its
territory through the bounty of Isabella de Valoniis, lady of
Killebride. By a charter granted in or before 1250, this lady, for
the weal of her soul, and of the souls of her parents and successors
and of Sir David Comyn, her late husband, gave and confirmed to God
and St. Kentigern, and the church of Glasgow, her fifteen pound land
in the fief of Kirkepatrick, called the Forest of Dalkarne, a name
apparently derived from its situation on the border of the vale
through which the river Karne or Cairn had its course. The lands
were to be possessed as they stood on the day of the grant, or
according to limits to be fixed at the sight of good men chosen by
the Bishop of Glasgow, and any deficiency in extent was to be made
up from Lady Isabella's adjacent lands of Dalkarne. The gifted lands
were to be held by the bishop and his successors in pure and
perpetual alms, free of all home or foreign service and of all other
service or demand. [The witnesses to the charter, which is undated,
are Friar David, prior of the Friars Preachers of Ayr; friar Robert
de Irewyn; Sir William de Valoniis, the granter's brother; Walter de
Mortimer, dean, and Reginald de Irewyn, archdeacon of Glasgow; and
Sir Radulf, chaplain, canon of Glasgow. It is stated in "Melrose
Chronicle" (Church Historians, iv. pt. i. p. 181) that Master Hugh
de Potton, archdeacon of Glasgow, died in 1238, and that after his
decease the archdeaconry was divided, Master Matthew de Habirden
assuming the title of archdeacon of Glasgow and master Peter de
Alingtun being styled archdeacon of Thevidale. The statement is also
made (Ibid. p. 185) that in 1242 Master Peter de Alinton died and
was succeeded by Master Reginald de Irewin. The latter held that
office till 1245, when he was appointed archdeacon of Glasgow, and
Nicholas de Moffat then became archdeacon of Teviotdale (Chronicle
of Lanercost, quoted in George Watson's "Arch-deaconry of Teviotdale":
Transactions of Hawick Archeological Society, 1907). With reference
to the first statement here quoted from Melrose Chronicle, Cosmo
Innes remarks that some new arrangement of the archdeaconries may
have taken place, but that an archdeacon of Teviotdale occurs long
before (Reg. Episc. p. xxix).] The charter was confirmed by John of
Balliol on 14th September, 1250, and by King Alexander III. on 12th
November, 1254 [Reg. Episc. No. 199-201.]
The lands thus
obtained lie in the parish of Kirkpatrick-Irongray, in the stewartry
of Kirkcudbright, and have long been known as Bishop's Forest, under
which name they were combined with the city and barony in forming
the Regality of Glasgow, as erected by crown charter in 1450. [Glasg.
Chart, I. pt. ii. p. 28. ]
It is not expressly
stated that the Forest of Dalkarne came into the bishop's possession
in connection with the rebuilding of the cathedral, but the grant
was made while the work was proceeding, and there are other
circumstances, all leading to the inference that the main purpose of
the gift was the furtherance of Bishop Bondington's great scheme. Of
five portraits carved on bosses in the vaulting of the north aisle,
near the north porch of the lower church, three are supposed to
represent King Alexander II. with his son, afterwards Alexander
III., and Bishop Bondington; and it has been suggested [Antea, p.
105. The portraits here given were sketched from the bosses by Miss
Mary R. Henderson, artist.] that the other two carved bosses contain
the portraits of Lady Isabella de Valoniis and Sir David Comyn. A
beautiful tomb, the stones of which are richly moulded, occupied a
site near these portraits, thus lending support to the further
theory that the tomb is that of David Comyn and his pious and
benevolent lady, whose good deeds were thus commemorated in the
building which her bounty helped to rear. [Glasgow Cathedral (1901),
pp. 14-16; (1914), PP. 54, 55.]
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