IN the Queen-regent's
first parliament many wise and useful acts were passed for improving
the administration of justice throughout the country and there was
also some experimental legislation specially affecting the burghs.
It is understood that on these subjects the regent was chiefly
guided not by her French advisers but by the sage counsel of Henry
Sinclair, dean of Glasgow, a man of profound legal knowledge and
eminent as a scholar and statesman. [Tytler, iii. p. 76; where the
more important statutes are alluded to. Henry Sinclair, second son
of Sir Oliver St. Clair of Roslin was educated for the church at the
university of St. Andrews. He was highly esteemed by James V. and
was for years in his family. On 13th November, 1537, he was admitted
an ordinary lord of session, and on 16th December, 1538, he was
appointed rector of Glasgow primo. The commendatorship of Kilwinning
he held from 1541 till 1550 when he exchanged that benefice for the
deanery of Glasgow, then held by Gavin Hamilton. On being appointed
bishop of Ross, in 1560, he had to resign the deanery, but was
allowed to retain the prebend of Glasgow primo. Sinclair was lord
president of the court of session from 1558 till his death in 1565.
(Senators of the College of Justice (1836) pp. 58-60; Dowden's
Bishops, p. 228.)]
By one of the burgh
statutes it was recalled that for many bygone years, through trouble
of wars, the estate of burgesses had suffered both in their lands
and goods, and also that their privileges constituted by royal
grants and acts of parliament, had not been duly observed and kept,
and parliament there-f ore ratified all these privileges to burghs,
burgesses and merchants, and ordained the lords of council to
exercise their authority in enforcing the statutes. The act of James
IV. requiring ships coming to free burghs in the west seas to
observe certain rules [Antea, p. 244.] was ordered to be renewed,
with an addition requiring that no one should purchase merchandise
from strangers but only from freemen at free ports of the burghs.
All the burghs of the
west country, such as Irvine, Ayr, Dumbarton and Glasgow, had been
in the practice of resorting yearly to the fishing of Loch Fyne and
other lochs in the North Isles, for the herring and other fishing,
and hitherto they had been subject to no other exaction than the
payment of the fishermen. Nevertheless some countrymen, dwelling
beside Loch Fyne, had begun to charge custom on every last of
herring taken in the loch, as high as the Queen's custom. On hearing
of this new exaction parliament ordained that it should be
discharged and not taken from the burgesses in respect of any
herring or fishes taken by them in the lochs, for furnishing of
their own houses and the country. This provision does not seem to
have applied to fish caught for export, but perhaps home supply was
mainly looked for at that time. On the same day as the fishing act
was passed, parliament, referring to the increasing dearth in the
country, of victuals and flesh, caused by the export of these,
prohibited their removal from the country, except in so far as might
be necessary for victualling ships and vessels during their voyage.
But it allowed the inhabitants of the burghs of Ayr, Irvine, Glasgow
and Dumbarton, and others dwelling at the west seas, to take baken
bread, brewed ale and aquavitae to the Isles to barter with other
merchandise. [Clyde Burghs, p. 23.]
For the due exercise
of their privilege of free trade throughout the kingdom facility of
passage from one town to another was indispensable, and it was with
the view of securing this object that parliament ordained that all
common highways, formerly in use for going from or coming to a
burgh, and specially all common highways from "dry" burghs to ports
and havens, should be observed and kept and that no one should cause
interruption to such traffic. In this provision Glasgow, which in a
limited sense might then be regarded as a "dry" burgh, was protected
in the use of the highway leading from the city to the free port of
Linlithgow.
Some suspicion was
entertained that the formation of bodies of craftsmen into a number
of small confederacies afforded opportunity for raising class
disturbances, and it was considered that if the centralising
authority of the deacons were withdrawn the risk might be lessened ;
and, on loth June, 1555, an act of parliament was passed for that
purpose. In the words of this statute, the choosing of deacons and
men of craft within burgh was dangerous, as they had caused great
trouble in burghs, commotion and rising of the lieges, by making of
leagues and bonds among themselves, and betwixt burgh and burgh. It
was therefore ordained that there should be no deacon chosen in
future ; but the provost, bailies and council of the burgh were to
choose the most honest man, one of each craft, to visit the
craftsmen and see that they laboured sufficiently and produced
satisfactory work. Appointed at Michaelmas yearly, the visitors were
to give oath for the true performance of their duties, without any
power of assembling the craftsmen or of making any acts or statutes
; but all craftsmen to be under the magistrates and council. The
visitors were to have voting in the choosing of officers and in
other things as the deacons formerly had. No craftsman was to bear
office in burgh in future, except two "maist honest and famous," who
were to be chosen yearly upon the council and who were to be among
the number of auditors of the common good, conform to previous acts
of council. [Ancient Laws (A.D. 1555), ii. PP. 77-81.]
This act of
parliament did not meet with acceptance and its main provisions were
dispensed with by letters under the great seal, granted successively
by the Regent, Queen Mary and King James VI. By the first of these
documents, dated 16th April, 1556, only ten months after the act was
passed, it is recited that seeing a well constituted state could not
for long exist without good craftsmen, sovereigns had granted sundry
privileges and liberties to craftsmen, including the right to choose
deacons for inspection of work, to make statutes and to impose fines
and inflict punishment, and good craftsmen who were burgesses were
also allowed to navigate and use commerce like other merchants of
the kingdom. The changes introduced by the act of 1555 are then
referred to, and the Queen-regent states,—"we have learned that
nothing has been done in pursuance of those causes and
considerations which had moved our foresaid parliament to pass that
measure ; nay, that everything is done more carelessly among those
craftsmen at this day than formerly." Desiring, therefore, not to
abridge the craftsmen's ancient privileges "without great, urgent
and enduring cause, but that everything justly and properly granted
in ancient time be restored to its pristine and original state, and
also desiring to prevent dissensions and contentions among our
merchants and tradesmen," dispensations were granted to all
craftsmen in regard to the act of parliament and all its clauses
which obstructed the liberties and privileges formerly granted to
them. Specially there was restored the right of having deacons of
crafts who should have votes in electing officers of burghs.
Craftsmen were to join in the audit of the common good accounts,
were authorised to make lawful statutes and ordinances relating to
their own crafts, for the preservation of good order among
themselves and the maintenance of divine service at the altars, and
were allowed to navigate and exercise merchandise within and without
the kingdom, as should seem to them most advantageous. [Reg. Mag.
Sig. iv. No. 1054. This concession and restoration was obviously
valued by craftsmen. Letters in similar terms were granted by Queen
Mary on 1st March, 1564 (Ibid. No. 1583), and by King James VI. with
consent of his privy council, on 22nd July, 1581 (Ibid. v. No. 233)
; but in these Letters no reference is made to altars. All the
Letters, with translations, are printed in Cony. Rec. ii. pp.
469-79.]
Among the statutes of
June, 1555, treating mainly on the serious concerns of everyday
existence and the prosecution of trade and commerce, is placed a
denouncement of the prevalent pastimes of the period, possibly a
reaction on the celebrations of the previous month which may have
been unusually demonstrative and disturbing to business people.
Without preamble or explanation, parliament ordained that in future
"na maner of persoun be chosin Robert Hude nor Lytill Johne, Abbot
of Unressoun, Queenis of May, nouther in burgh nor to landwart,"
heavy penalties being imposed for infringement. Women, also, "about
simmer treis singand" and disturbing the lieges, in their passing
through burghs and towns, were threatened with the " cukstulis." But
these dramatic games and amusements were too popular to be easily
suppressed, and they survived not only this but many subsequent
prohibitions. [Ancient Laws, p. 81. Robert Chambers describes a
Robin Hood celebration and consequent riotous conduct at Edinburgh
in 1561 (Domestic Annals, i. pp. 7-11); and though there is no early
account of Glasgow amusements it may be assumed that the citizens
shared in the current revels of the time.] |