FOLLOWING on the
lines of the statutes 1457 and 1491, forbidding the inhabitants of
burghs to enter into covenants with landward men to the prejudice of
the burgesses, protection against encroachment of neighbouring lords
and lairds was also provided by the legislature in other forms. An
act passed in 1533 narrates that royal burghs were injured in their
goods and policy through "outland" men being provosts, bailies and
aldermen Within burgh, for their own benefit, and it was therefore
ordained that no one should be chosen to these offices except
burgesses, merchants and indwellers. Under the acts of 1457 and 1491
no one dwelling within the burgh was to "purchess lordship" beyond
its bounds, meaning apparently the procuring of outside authority,
whereby his neighbour could be troubled or disturbed. So far the
remedy against injustice was in the hands of the burgesses
themselves, but those from whom aggression might be anticipated were
also put under restraint. No man, earl, lord, baron, or other person
of whatever degree, was allowed to molest or trouble the provost,
aldermen, bailies, officers and merchants of any burgh in their
neighbourhood, in using their liberties and privileges; and the
clerks of the justice courts were enjoined to see to the observance
of this enactment. [Ancient Laws, ii. pp. 68, 69.]
Up till this time
royal burghs had been in the practice of rendering their accounts in
exchequer and settling the crown dues for which they were liable. To
secure more effective supervision over revenue and expenditure,
provosts, bailies and aldermen were now required, at the day set for
giving in their accounts, to bring yearly to the exchequer the
account books of their common good, to be seen and considered by the
lords auditors "gif the samin be spendit for the commoun wele of the
burgh or not." At this examination of a burgh's accounts an
opportunity was given for any one from that burgh attending to argue
and impugn the intromissions, "sua that all murmour may ceis in that
behalf." [Ancient Laws, ii. p. 69.] Though, as already explained [Antea,
p. 98.] Glasgow did not at first render accounts in exchequer, it
may be that from the year 1535, as was certainly done at a later
date, they produced a yearly statement of revenue and expenditure in
compliance with the act, but it is a long time after that date that
we have authentic information on the point. [The earliest preserved
statement of this nature for the burgh of Glasgow is that for the
year 1621 (Glasg. Chart. ii. p. 577). If Glasgow did not render
exchequer accounts in consequence of obtaining its crown charter of
1611 (Ibid. i. pt. ii. pp. 278-83) it must have done so after
obtaining the charter of 1636 (Ibid. pp. 375-95). By the latter
charter the burgh became liable to the crown for the yearly payment
of 20 merks (£13 6s. 8d. Scots) of burgh maul, and it was thereafter
necessary to pass in exchequer yearly accounts similar to that
rendered in 1662 (Ibid. ii. p. 50).]
Along with the other
burgh statutes passed in 1535 parliament ratified previous acts
granted to merchants within burghs and enjoined the magistrates of
port towns to see to their observance. An act of James II. ordaining
that, as a precaution for the safety of trading vessels, no ship
should be freighted out of the realm with any staple goods, from
Saints Simon and Jude's day (28th October) till Candlemas (2nd
February), was renewed and the penalty for its infringement was
increased, but merchants were allowed, within the forbidden time, to
export merchandise in ships that brought in salt or wine.
[Ancient Laws, ii.
pp. 67, 68. This concession would sometimes be of advantage to Clyde
mariners. French wine and salt were among their chief articles of
import.
According to a
satirical contemporary, Sir David Lyndsay, some insatiable merchants
were not pleased with the restrictive acts and evaded their
provisions. Such inconsiderate traders,
"Quhen God has send
thame abundance
Ar nocht content with sufficiance;
Bot sailis into the stormy blastis
In winter, to get greter castis,
In mony terribill gret torment,
Aganis the actis of parliament.
Sum tynis thair geir, and sum ar droun'd."
Lyndsay's Works (1806
Edition), ii. p. 150.]
In 1539, the year in
which the martyrs Russell and Kennedy are said to have been
condemned at Glasgow, we have the record of two foundations for the
celebration of religious services, one of them on rather an
elaborate scale. On 31st October, 1539, Richard Bothwell, canon of
Glasgow and prebendary of Ashkirk, gave twenty-four shillings,
yearly, from the rents of a house near the market cross, for
obituary masses to be celebrated by the vicars of the choir, with
the tolling of bells, and for the passing of the bell of St.
Kentigern through the town. [Reg. Episc. No. 501.] Bothwell's obit
is at the head of the list in Glasgow " Martyrologium," a document
which was originally printed from a manuscript preserved in the
Advocate's Library, and the date is 1st January, 1548. [Ibid. No.
545. Of the thirty-six obits noted in the list, the eighth to the
thirty-fourth are given in exact sequence of days and months from
11th January to 30th December, the earliest being that of Duncan,
earl of Carryk, died 13th June, 1250, and the latest that of Rolland
Blakader, subdean of Glasgow, died 9th March, 1540, subsequent to
which latter date that part of the list must have been compiled. The
following is the full list:
]
By the other
foundation above referred to a tenement and yard, on the east side
of Castle Street, the site of which is now occupied by the Royal
Infirmary and the Asylum for the Blind, was burdened with various
sums of money, payable yearly to the master of the ". sang scuyll "
of the Metropolitan Church, the vicar pensioner of the burgh, the
vicars of the choir, and others, for anniversary services at the
altars of Our Lady, "Sanct Mungo" and St. Peter, in the lower
church. Singers, poor scholars, twenty-four "puyr howshalderis," and
others, were assigned their respective duties, minute instructions
were given as to music and the lighting of candles, and St. Mungo's
bell was to be rung through the town by the "belman." These
conditions were contained in a "Memorandum" by Sir Mark Jamieson,
vicar of Kilspindie, in the diocese of St. Andrews, acting as
testamentary executor under the will of his mother's brother, John
Paniter, formerly preceptor of the song school of the metropolitan
church of Glasgow. Sir Mark survived the Reformation period about
thirty years, by which time the revenues of the tenement and yard
were being applied to other purposes, and in the year 1590 he
appeared in the council-house of Glasgow and delivered to the town
council all the documents relating to the foundation, placed "in ane
litill box, to be keipit in the commoun kist." [Glasg. Prot. No.
1318; Glasg. Chart. ii. p. 501; Glasg. Rec. i. p. 155. The deed of
foundation (5th November, 1539) contains a reference to vicars in
burgo and in rure, thus shewing that in pre-Reformation times there
existed an arrangement similar to that introduced when, for
ecclesiastical purposes, the landward district, sometime known as
the Barony parish, was disjoined from the urban or burghal
territory.]
On the last day of
February, 1538-9, five executions for "heresy" had taken place on
the Castlehill of Edinburgh, and within a few months later, Jerome
Russell, a Grey Friar, supposed to belong to Dumfries, and a youth,
eighteen years of age, named Kennedy, a native of Ayr, both in the
diocese of Glasgow, were tried for a like offence, and after
condemnation, in which it is said Archbishop Dunbar was unwilling to
join, both were burned at the stake in Glasgow. Particulars
regarding the cruel tragedy are scant and the places of the trial
and execution are not specified, but it is probable that the judges
would preside somewhere in the cathedral and that the last scenes
would be witnessed in its vicinity. [Works of John Knox, i. pp.
63-66 ; Dowden's Bishops, p. 348.]
In a parliament held
at Edinburgh on 15th March, 1542-3, it was resolved that the Bible
might be read in a Scots or English translation, whereupon "ane
maist reverend fader in God, Gavin, archbishop of Glasgow,
chancellor, for himself and in name and behalf of all the prelates
of this realme," dissented and opposed the resolution till a
provincial council of the whole clergy of the realm should decide "
gif the samyne be necessare to be had in vulgare toung to be usit
amang the Queenis lieges or nocht." [Reg. Episc. No. 506. The act of
parliament embodying the prelates' dissent was confirmed by a
charter in name of Queen Mary, under the great seal, dated 8th May,
1545 (Ibid.).] Dunbar was at this time chancellor of the kingdom,
but shortly afterwards he was replaced by Cardinal Beaton, who had
succeeded his uncle, James Beaton, as archbishop of St. Andrews, in
1539. |