THE reign of James
II., with its long minority and short period of personal rule, was
marked by many dramatic episodes, and owing to the scantiness of
authentic records the narrative of these bulks perhaps too
prominently in the historian's pages. Notwithstanding the disorders,
interruptions and other evils caused by the rivalries between the
Crichtons and the Livingstones, alternate custodiers of the young
king, the plotting of the Douglases and the measures taken for their
final overthrow, the turbulent conduct of other members of the
nobility and the efforts required for the subjugation of rebellious
subjects, the country had attained a fairly prosperous condition
when this chapter . of its history closed with the untimely death of
the king at the siege of Roxburgh Castle. In the administration of
internal affairs parliament, which was frequently assembled, passed
a series of laws for the regulation of commerce, the encouragement
of agriculture, the organisation of judicial departments and the
protection of various classes of subjects, who had hitherto been too
much overlooked, specially including farmers, artisans and
merchants. The law passed for the benefit of "the pure pepil that
laubouris the grunde," whereby tenants were secured in the lands
they leased during the currency of their tacks, still remains on the
statute book, the only scrap of legislation belonging to this reign
which was allowed to survive the wholesale repeal of the Scots acts
in 1906. In this statute Glasgow people had perhaps little concern,
as it may be assumed that the system of rental right, with its
fixity of tenure, enjoyed by the tenants in the barony was already
in operation. Other acts of parliament which affected Glasgow, in
common with the royal burghs, but which though superseded or fallen
into desuetude, were not formally repealed till 1906, related to
such subjects as the restraining of masterful beggars, avoiding
dearth of victuals, precautions against the pestilence, holding
wapinshawings and regulating measures of capacity; while, for the
more speedy disposal of law prosecutions, a "secret council" of from
eight to twelve persons was ordered to be appointed in each burgh of
the realm. There was also a statute which narrated that the realm
was greatly impoverished through sumptuous clothing both of men and
women, and it was ordained that no man within burgh who lived by
merchandice (unless he should be an alderman, bailie or councillor),
nor his wife, should wear clothes of silk, nor costly scarlets in
gowns, nor furrings of martens. Wives and daughters were to be
apparelled corresponding to their estate, wearing " on their hedis
schort curches with litill hudis, as ar usit in Flanderis, Ingland
and uther cuntreis ; and as to their gownys, that na woman weir
mertrikis nor letvis nor talys of unfittande lenthe nor furryt
under, bot on the Halyday." [Ancient Laws and Customs, u. pp. 21-29.
" Mertrikis," martens, of the weasel species; "letvis, letteis,"
gray fur.]
Bishop Cameron
retained the chancellorship till 1439, after which it was held for a
few years by Sir William Crichton. Crichton's successor in that
office was James Bruce, then Bishop of Dunkeld, who followed Bishop
Cameron in the bishopric of Glasgow. Bruce is styled Bishop of
Glasgow and Chancellor on 19th June, 1447, but he must have died
before 4th October of that year, the date of a document in which the
see is said to be vacant. William Turnbull, who had succeeded Bruce
as Bishop of Dunkeld, Iikewise filled his place in the bishopric of
Glasgow, the date of his appointment being 27th October, 1447. [Dowden's
Bishops, p. 322. The Auchin'eck Chronicle (p. 41) has this remark: "
In that samyn yer (1449) master William Turnbull said his first mes
in Glasgu, the xx of September."] In 1441 Turnbull is designated
Keeper of the Privy Seal and in 1446 Keeper of the Privy Seal and
Canon of Glasgow. [Exchequer Rolls, v. pp. 108, 222.] This official
position and the consequent freedom of intercourse between the
bishop and the sovereign afforded favourable opportunities, of which
advantage was freely taken, for obtaining protection against
encroachment on the city's rights as well as for the extension of
existing privileges.
In the old laws
injunctions were repeatedly given for the market of each burgh
having a monopoly of the trade within its own district or "liberty,"
[Ancient Laws and Customs, i. pp. 61, 162, 183.] a term which in the
case of a royal burgh usually denoted the shire within which it was
situated, but for Glasgow its "liberty" was the barony. The burghs
of Rutherglen and Renfrew being situated within so short a distance
of each other, and Glasgow being placed between them, it was not
surprising that questions as to precise limits should arise in
places where there was no well-defined physical boundary. Towards
the west Renfrewshire lands stretched along both sides of the Clyde
and, similarly, on the east Rutherglen's market territory embraced
portions of Lanarkshire on both sides of the same river. At these
extremities the precise boundaries were perhaps dubious, and either
through ignorance or wilful encroachment custom was being unjustly
withdrawn from Glasgow market. Not only so, but the inhabitants of
the Rutherglen and Renfrew districts were being obstructed in their
attendance at Glasgow market, thereby curtailing the trading
privileges of the city. This led to a complaint by Bishop Turnbull,
who represented to the king that the bailies, burgesses and
communities of Renfrew and Rutherglen impeded the lieges and
communities "of burgh and land" who brought goods to Glasgow market,
thereby prejudicing the "privilege and custum grantyd to the kyrk of
Glasgu of auld tyme" by the king's predecessors and observed in time
past. The king thereupon, by letters granted under his privy seal,
at Edinburgh, on 4th February, 1449-50, charged the communities
complained against, and all others whom it might concern, that they
should not trouble or impede any of the lieges coming or going to
Glasgow with merchandise or other goods to sell or buy, but should
suffer them to come, go, buy and sell, freely and peaceably without
any hindrance. It was also ordered that no one of the burghs, nor
any others, should come within the barony of Glasgow, "na within ony
landis pertaining to Sant Mongos fredome," to take toll or custom,
by water or land, of any person coming or going to the market,
notwithstanding any letters of the king's predecessors, granted to
Renfrew, Rutherglen, or any other burghs. By this stipulation the
sanction given to the burgh of Rutherglen, by the royal charter of
29th October, 1226, for collection of toll or custom at the cross of
Schedneston, must have been withdrawn, if indeed the practice had
not already been discontinued. Besides the relief thus afforded,
Glasgow was also secured in the collection of dues exigible from
traders coming from other burghs, as well as from all other
frequenters of the city's markets.
In his representation
to the king the bishop refers to the privilege and custom granted to
the "kyrk of Glasgw of auld tyme," an expression which may be taken
as comprehending the interests of all concerned in the market.
Originally the market rights were conferred on the bishops and their
successors as an essential privilege of the burgh they were
authorised to establish and maintain, and "kyrk" was here used as an
equivalent term. Though the bishops as overlords might, by the
restoration of appropriated area, have received augmented custom,
yet the chief benefit derivable from market extension and
development must have accrued to the trading community.
It was customary for
continental sovereigns and princes to be honorary canons of
religious establishments in their respective territories, and
following these precedents both James II. and James IV. became
canons of Glasgow cathedral. In some remarks on cathedral services,
based on information contained in the MS. Register of Glasgow
Bishopric, then preserved in the Scots College at Paris, Father
Innes refers to "King James IV. who was honorary canon of Glasgow,
as the Kings of France are of St. Martin of Tours." The
position in the cathedral thus attained by James II. is a further
indication of his intimacy with the bishop, on whom in turn not a
few favours were conferred. By this time the landed estates of the
bishops in the vicinity of Glasgow, going by the name of the
"Barony," must have been managed under some recognised form of
jurisdiction; but so far as is known, the only writing bearing on
the subject was the charter of Alexander II. confirming some of the
lands in free forest.8 As early as the reign of the first Alexander
churchmen were accustomed to hold courts within their own lands, and
it is probable that the grant of free forest, and even that of free
regality, next to be noticed, indicated not so much concession of
new authority as confirmation of existing privileges. On loth April,
1450, King James, having regard to the honour of the church of
Glasgow, "in which he was a canon," and for the favour which he bore
towards Bishop Turnbull, "his well-beloved councillor," confirmed to
him and his successors the city and barony of Glasgow, and lands
commonly called Bishopforest, to be held in free regality or
royalty, with all the privileges attaching to that tenure ; and in
acknowledgment of the grant the bishops were to offer devout prayers
and to deliver to the sovereign a red rose, yearly, in name of
blench farm.
[Glasg. Chart. i. pt.
ii. pp. 28-31. The original charter is still preserved. Its attached
seal, in white wax, was entire when examined by Father Innes, but it
is now somewhat broken and defaced. A copy of the charter, but
unaccountably bearing date 22nd February, 1450-1, and having the
name of one attesting witness omitted and four others added, is
engrossed in each of the collections known as the Ancient Register
and the Red Book of the Church (Ib. p. 36 ; Reg. Episc. Nos. 356,
362).
Cosmo Innes says: "A
grant of regality took as much out of the crown as the sovereign
could give. It was, in fact, investing the grantee in the
sovereignty of the territory" (Legal Antiquities, p. 40). Though
there is no extant charter of an earlier date than 1450 investing
the bishops with regality powers, it is not improbable that such had
been conferred before that time. So far as form is concerned the
charter may be taken either as a confirmation or an original grant,
and in the ratification by James III., noticed in the text,
reference is made to the fact that " several " of his predecessors
had granted to the church and see of Glasgow sundry liberties and
privileges, and particularly the city, barony and lands in free
regality. Accordingly, the charter of 1450 may merely so far have
given formal expression to a condition of things which already
existed, either under express grant or the operation of general
law.]
The privileges thus
bestowed, as more fully set forth in a charter of confirmation by
King James III. on 15th July,1476, include authority to administer
justice (reserving only the f our pleas of the crown), privilege of
" chapel for serving brieves," and power to appoint a provost,
bailies, sergeants and other officers of the city, and also a
sergeant or officer of the regality. The sergeant was to carry a
silver mace or wand with the royal arms on the upper end and the
arms of the bishop on the lower end, for making arrestments and
executing the bishop's precepts within the regality and throughout
all his lands within the diocese. [Glasg. Chart. i. pt. ii. pp.
6o-65. An act of parliament (1436, C. ii) regulated the kinds of
wands to be carried by different officers. The king's officer had a
red wand, three quarters of a yard long; a regality officer, a wand
of the same length, one end red and the other white ; a barony
sergeant, a white wand an ell long; and a burgh sergeant, a red wand
like the king's officer (Ancient Laws and Customs, ii. p. 20).]
The right of "chapel
(capella) for granting brieves," mentioned in the charter, consisted
of the jurisdiction exercised by the bishops in the service of
heirs, the process whereby an heir acquired a title to his
ancestor's estate. In Ducange one sense of capella is given as
equivalent to cancellaria; and to this definition may be traced the
use to which the word was applied in connection with the service of
heirs in Scotland. The king's chapel (ca/ella regis) from which
writs relating to the making up of the titles of heirs, technically
called services, were issued, and to which, after inquisition, such
writs were "retoured" (i.e. returned), was simply the chancellary or
chancery office, and similar nomenclature was extended to
subordinate judicatories. Erskine, in his Institute of the Law of
Scotland, says: "A lord of regality had a chancery proper to his
jurisdiction, from whence he might issue brieves to his bailie for
the service of heirs; and the service proceeding on such brief, when
recorded in the books of the regality, was as effectual as a retour
on a brieve issuing from the king's chancery." [Institute, B.
i. tit. iv. S. 7. Examples of brieves issued from the Glasgow
chancery are referred to in Glasg. Protocols, Nos. 40, 186, 1314,
2033.]
The passage in the
charter of 1476 authorising the bishop to constitute within the city
a provost, bailies, sergeants and other officers and to remove them
was appropriate to a deed setting forth the original foundation of a
burgh of regality, but in the case of Glasgow, a city already
possessed of all the privileges of a royal burgh, it can scarcely be
taken in its literal significance. If there had been any intention
to interfere with the already existing practice of appointing the
provost and bailies of the burgh, something more specific than mere
words of ordinary style would have appeared in the charter ; and
therefore it may be assumed that, subject to such modification as
the circumstances rendered necessary, the mode of election
prevailing in royal burghs still remained applicable to Glasgow.
Originally the provost was not an essential member in the
constitution of a royal burgh, and in many towns no provost was
appointed till a comparatively late period in their history. The "
first provost that was in Glasgow " makes his appearance in 1453,
and for more than a hundred years after that date the office was
usually held by the bailie or depute-bailie of the barony and
regality who was charged with the judicial administration of the
landed district. Though nominated by the bishop, it is probable that
from the first, as the extant records show was latterly the case,
the provost was accepted by and received his commission from the
bailies and council. The bailies themselves could only be chosen by
the bishop from a leet presented to him by the old bailies and
council, and the bailies so chosen received a formal commission
which proceded in the name of "the comburgesses and whole community
of the burgh," an expression which may be taken as a survival of the
early time when the bailies were appointed or leeted by the good men
of the town assembled at the Michaelmas Court. [A judicial document
dated in 1554 (Glasg. Chart. i. pt. i. pp. dxl, dxli) narrates that
"beyond the memory of man" it had been the custom for the old
bailies and councillors to present to the archbishop, at Michaelmas,
a leet of persons from which he chose the bailies for the ensuing
year; and the earliest extant record of a municipal election in
Glasgow farther illustrates the practice. This election was carried
through at the head court held on the first Tuesday after Michaelmas,
1574, when Archbishop Boyd nominated his kinsman, Lord Boyd, bailie
of the regality, as provost, and desired the bailies, council, and
community to give him a commission of provostry, " conforme to use
and wont." Then the provost, with the old bailies and council,
presented a leet of eight persons, including the three old bailies
and two craftsmen, to the archbishop, who chose from the leet three
bailies, being one more than the usual number "in respect of the
multitude of the people and trublis in office" (Glasg. Rec. i. pp.
22, 23).]
Though, as has
already been suggested, the lands around the city of Glasgow may
have been subject to regality jurisdiction from earlier times it is
not unlikely that Bishopforest, the territory bestowed on the church
by the widow of the Lord of Kilbryde, remained as an ordinary
outlying estate till it was incorporated with the regality of
Glasgow in 1450. Before that date these lands, lying in the parish
of KirkpatrickIrongray and stewartry of Kirkcudbright, were probably
cultivated by rentallers, whose successors eventually got their
possessions converted into feu-holdings. Archbishop Dunbar, as is
shown by the statement of his executors made up in 1548, drew rents
from the lands, but it is not till seventy years later that we have
specific information on the subject. During the archbishopric of
John Spottiswoode, Lord Herries, who seems to have been connected
with the estate as mid-superior, resigned his interest to that
prelate, who apportioned the lands in feu-farm among the old
tenants. In the year 1613 eighteen separate holdings were in this
way conveyed to twelve feuars for payment of yearly feuduties,
amounting in cuntulo to £33 13s. 3d. Scots of old rental with 8s.
8d. of augmentation. Described as a twenty merk land, the area of
Bishopforest may be approximately put down at boo acres; and,
assuming that the feuduties were allocated in proportion to extent,
the largest holding must have contained about 100 acres and the
smallest about three acres. In addition to the money payment the
feuars had to contribute specified services to the archbishop's
bailie on the lands retained in his possession. Seventeen horses for
ploughing his fields, and twenty-nine reapers in autumn were thus
requisitioned from the feuars to serve for specified times in the
year, making up 131 days' work in all. The largest holder supplied
three reapers and two horses for one day, and the smallest was
required to provide half a reaper for a day, an obligation which
could be implemented by combining with another feuar similarly
liable. The feuars were likewise bound to attend the courts of the
"barony and regality of Bishopforest," for holding of which courts
the archbishop undertook to appoint a fit bailie from among his
servants and attendants, whom failing one was to be deputed from the
qualified feu-farmers of the lands. [Reg. Mag. Sig. vii. No. 1025.]
Distinctive names of farms on the lower grounds now supersede the
original designation, but a conspicuous height in the north-west of
the parish, reaching to 1,285 feet above sea-level, still retains
the name of Bishopforest.
[The writer of the
Old Statistical Account (vol. i. p. 525) says that the hill though
apparently the highest near Dumfries was " yet of no very steep or
difficult ascent in most places, owing to a very extended and
regular base, around which are planted several large and distinct
farms and properties. Foxes bring forth in holes upon the
Bishopsforest. When they begin to kill sheep anywhere in the parish,
the huntsman, who is paid by the county, is sent for, and he seldom
fails to unkennel a fox on that hill or in the woods around it."
Communion stones on
the side of the hill, with a granite monument erected in 1870,
commemorate Covenanting scenes and the conflicts between prelacy and
presbytery. Tombs of martyrs "hanged without law by Lagg" are
likewise to be seen near the parish burying ground, while in the
churchyard itself is another attraction for pilgrim feet. This
consists of a grave, over which a stone was "erected by the author
of 'Waverley' in memory of Helen Walker, who died in the year of God
i79i, and who practised in real life the virtues with which fiction
has invested the imaginary character of Jeanie Deans." (Ordnance
Gazetteer—" Kirkpatrick-Irongray "—iv. p. 436.)] |