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THE convenery or convention
of deacons came into existence in Aberdeen about the end of the
sixteenth century. In its original form this body consisted of the
deacons only, one of whom was chosen to convene them when any question
arose affecting the common or general interests of the craftsmen in the
town. The first convener of deacons of whom there is any mention is
George Elphinstone, saddler, who held office in the year 1587, when the
Common Indenture was drawn up; and shortly after that date a regular
court was formed, which hold stated meetings, and enacted bye-laws and
regulations, for the management of the funds under their charge. When
Dr. Guild gifted the Trinity Monastery as a meeting-house and hospital
to the Trades, he nominated six of the deacons of the crafts to act
along with a patron and convener in the management of the hospital,
these six being the deacons who were selected among the crafts to vote
at the election of magistrates. In 1657 the Flesher Trade was admitted
to the benefits of the hospital in terms of an agreement sanctioned by
Dr. Guild; and their deacon being at the same time admitted a member of
the Convener Court, the number of trades represented in that body was
increased to its present number of seven. In addition to the deacons,
the Master of Hospital, the boxmasters, late deacons, and first master
of each Trade are also members of the Convener Court.
Although recognised from
the outset as a superior court by the craftsmen, the Convener Court has
seldom exercised any jurisdiction over the affairs of the individual
Trades. When disputes or difficulties arose, it has acted more as a
consultative than as an administrative board. On several occasions when
the Trades considered that the Convener
Court had overstepped its
functions, an appeal was made to the Magistrates or Court of Session,
and the decision was invariably in favour of the individual Trades
having full control of their o ccn affairs. The last case of this kind
occurred in 1711-2, when the Court of Session ruled that a judgment
given by the Convener Court regarding one of the office-bearers of the
Baker Incorporation was ultra wires, and had to be expunged from the
minutes of the Convener Court. In 1881 a code of rules and regulations
was drawn up for the "guidance of the members in the discharge of the
duties of the court," but no departure of any consequence was made from
the established "use and want."
Considerable doubt exists
as to the period when the Convener Court, or in fact any of the craft
associations, commenced to keep records of their transactions. The
oldest minute books extant are dated about the time that the Trades
began to hold their meetings in the "Trinities" or meeting house gifted
to them by Dr. Guild in 1633, but, fortunately, into these books have
been copied all the old acts and ordinances of the different
corporations extracted, as the fly leaves tell us, "out of the old
Registers." These old Registers seem to have been more of the nature of
roll books and election records than of minute books for recording
business; and after the old Acts and list of deacons had been copied out
of them, they appear to have been held of little account, as all of them
have disappeared. The Convener Court alone seems to have made an effort
to preserve their old Register, as the following minute bears, but it
also has long since disappeared.
21st August, 1677.—The
said day the new Register was accepted by the haill Deacon-Convener
Court, and approved by them, and the old Register to be kept within ane
ambrie in the Trinities, and the present deacon-convener to keep the key
thereof, to the effect that present access may be had thereto as may be
needful.—Convener Court Book.
We may take it for
granted, however, that everything of importance had been copied out of
the old Registers into the set of new books that were obtained when the
Trinity Monastry was turned into a Trades Hall; and previous to that
date, it has to be borne in mind that written records could have been of
little use to the craftsmen themselves. Even as late as 1587, when the
Common Indenture was drawn up, none of the three commissioners appointed
by the craftsmen could sign their names, the tell-tale explanation at
the end of the deed being given—" With our hands at the pen, led by the
notors underwritten at our command, because we cannot write ourselff5."
And for many years after minute books began to be kept, it was the clerk
and not the deacon that signed the minute. It is not until well through
the eighteenth century that the deacon's signature appears, and even
then there is abundant evidence of the struggle it must have been to put
their names in writing. In some cases a deacon seemed to think he was
doing well when he put down the initials of his name in capitals, and
very original looking capitals some of them are.* Condensation and
abbreviation, both in composition and writing, were also enforced
virtues. The early Acts and Ordinances, which were penned by scribes and
notaries, are remarkably brief, concise, and pithily expressed
documents. Half a dozen lines are made to suffice where dozens of pages
of foolscap would be required nowadays; while some of the deeds of gift
made about the end of the fourteenth and beginning of the fifteenth
centuries are models of brevity and condensation, and remain valid
titles
and burdens on property
to this day. Even some of the more modern minutes are delightful
specimens of laconic brevity, as instance the following—"The said day
the Convener Court ordained the Master of Hospital never to sell the
yaird at Gallowgett Heid, nor yet to hear ony mair thereanent."
Some indication is also
given of the fate of the old hooks in a minute in the Convener Court
Book to the effect that "a very old account book of the accounts under
the charge of the Convener Court from 1700 to 1739 was sometime ago
purchased by John Leslie, when about to be used for snuff paper, and he
did so in order to preserve so valuable a book. Convener Leslie has now
given it as a present to the Convener Court to be deposited among the
records." On the whole, however, the Trades are to be congratulated upon
the care with which their records and papers have been preserved. So far
as we have been able to learn there are few towns in Scotland where the
early records of the craft associations have been so well taken care of,
and it is satisfactory to note that an equally careful disposition is
being manifested by the present generation, a commodious fire-proof
strong room for the better preservation of the books, title-deeds, and
papers of the incorporations having recently been constructed in the new
buildings. In olden times each craft had its small oak chest (a drawing
of one of which is given) with three distinct locks, the keys of which
were entrusted to three office-bearers, who had all to be present before
the box could be opened; now each Trade has commodious repositories in
the strong room for the preservation of their books and papers.
The old Convener Court
Book, like all the other early records of the Trades, opens with a
statute about Sabbath observance, and on the fly leaves are inscribed
quotations from Scripture and quaint, old "saws," and scraps of moral
and religious rhyme. Acts were also passed for imposing fines on those
found guilty of swearing "or giving the lie," for absence from funerals,
and for refusing to be dressed appropriately on all such occasions. The
following pious reminders are copied from the fly-leaves:—
This booke belongs to the
whole Traids of Aberdeine, and appointed for the use of the Deacon-Conveener
Court wherein are contained several Acts and Ordinances to be observed
in futur ages by the saidis traids, exactly extracted out of the old
Registry from the year of God 1599 to the year 1677.
Soli Deo Gloria.
Then follow the Acts and
Ordinances. It will be observed that a number of them are undated, these
having been copied from the old Register, dated 1599 :—
ANENT KEEPING THE SABBATH.
Item, it is statute and
ordained that every Deacon convene his own craft and set doun ane
ordinance for the glory of God and keeping of his Sabbath and repairing
to the church timeously upon that day, and that no master nor servant
should be found absent from divine service under penalties following—to
witt, each master, thirteen shillings four pennies; and the servant, six
shillings and eight pennies, for the first fault, and doubling the same
toties quoties ; and that said servants convey their masters to and from
the church in decency as becomes, and that no master shall go to sitt or
stand in the fields, but shall punctually attend the reading and
preaching of God's Word in good behaviour and decency until the sermon
be ended, and the blessing said; and it shall be lesome to everyone who
desires the glory of God to give real information anent the persons who
shall contravene and be guilty in the premises.
ANENT SWEARING AND GIVING
THE LIE.
Item, it is statute,
appointed, and ordained that whatsoever member of the Deacon-Conveener
Court shall take the name of God in vain, sitting in ane fenced court or
meeting, shall pay for his first fault sixteen shillings four pennies,
and for each fault of that nature thereafter the like sum, toties
quoties, by and attour what other censure the meeting shall propose upon
him. And further it is enacted that whatsoever person shall speak rudely
or uncivilie in ane fenced court or villipend [vilify] the
DeaconConveener either publicly or privately, or give ane other the lie
either in fenced court or in presence of the Deacon-Conveener to pay for
said fault of this nature forty shillings Scots toties quoties to be
taken up unmitigat or unforgiven.
ANENT ATTENDANCE AT
MEETINGS AND BURIALS.
Item, it is strictly
statute and ordained that whenever the DeaconConveener shall please to
call ane quarter court or any other extraordinary meeting the haill
members thereof being lawfully warned and called thereto by the Deacon-Conveener
his officer, and any of them staying away therefrom without ane relevant
ground or excuse shall be liable to pay to the Deacon-Conveener's box
thirteen shillings four pennies, and if any of the said members shall
remain and come in after the court is fenced, shall consign before they
sit down six Shillings Scots in the hands of the Deacon-Conveener before
he gives in his excuse for his not timeous coming; and further, that
whatsomever person or persons shall deforce the Deacon-Conveener his
officer, in going about his duty in poinding of the absents either from
courts or burials, he being lawfully ordained and appointed to about the
same, shall pay for the first fault forty shillings Scots, and
thereafter each fault to be doubled toties quoties by and attour
whatever censure the court shall impose upon him, and this Act to stand
unalterable in all tyme coming.
28th July, 1685.—The said
day the Deacon-Conveener, Deacon, and remanent masters and members of
the Deacon-Conveener Court taking to their consideration the ancient Act
anent burials to be omitted and not well observed in some time by past,
which was made upon the fourth day of March, 1655, in presence of Dr.
William Guild, of worthy memory, and William Anderson, Cooper, Deacon-Conveener
for the time, they voiced the same should be observed in time coming,
whereof the tenor follows :The said fourth March, 1655, it is statute
and ordained by the DeaconConveener Court, Deacons of Crafts, and
members of the Deacon-Conveener Court, that whatsomever burials within
this burgh shall occur hereafter to the wliilk the Deacon-Conveener is
desired that upon his advertisement be his officer to ilk of the traids
within this burgh, the said Deacons of Trades respectively shall give
lawful warning to their respective traids to attend him at his own stair
foot, the appointed time, in ane decent order, with hats, at least those
who are in use to wear hats, and therefra, the said Trade, to convoy the
Deacon to the Deacon-Conveener for the time to the effect the haill
Trades may go to the burial orderlie, and in ane decent way. And
whatsomever tradesman shall contravene this present statute and
ordinance shall lay six shillings eight pennies for ilk day's absence,
toties quoties.
ANENT ATTIRE TO BE WORN AT
MEETINGS, BURIALS, &C.
Item, it is statute and
ordained that whatsomever Deacon, master, or member of the Deacon-Conveener
Court shall come to the Deacon-Conveener Court, or meetings, or to
burials, or going about any public affair, wherein the traids are
connected, with capes, blue, black, or grey bonnets, and not having
hatts on their heids, shall pay thirteen shillings four pennies Scots
money toties quoties by and attour what other censure the Court shall
impose upon him; and if any Deacon absent himself frae frieman's
burials, their wives' or children's, he being in town, and in health of
body, he is to be poyndit, and the poind to be keepit until he redeem
the same by payment of six shillings eight pennies Scots toties quoties.
ANENT OPENING MEETINGS
WITH PRAYER.
27th May, 1650.—In
presence of Doctor William Guild, foundator, the haill Deacon-Conveener
Court being convenit, the said day it was strictly statute (the said
patron being present) that at all meetings of Deacon, or Deacon-Conveener
Courts, ane blessing shall be sought from God, and a right direction of
their affairs to his glory, the good of the crafts, and that they may be
approvid in their awin consciences in the day of their accounts and this
to be done by the Deacon-Conveener, and Deacons of their several Courts
respectfully, dutifully, and in a godly manner.
ANENT HOLDING MEETINGS IN
THE TRINITIES.
Item, it is statute and
ordained that whatsoever Deacon-Conveener, or Deacons of the said traids
shall convene with their haill craft or haill masters to their courts or
meetings anent any of the affairs belonging to the traids in any other
place than the ordinary conveening house in the Trinities, the said
Deacon-Conveener and Deacons of traids who shall transgress shall pay to
the Deacon-Conveener's box six pounds Scots within forty-eight hours
thereafter under the failzie of doubling the sum, and to be poinded
precisely for the same, although the said meetings should be held in
their own houses.
ANENT APPEALING TO THE
MAGISTRATES.
The haill Deacon-Conveener
Court statute and ordains that whatsoever traidsmen within the
Incorporations of the said burgh shall go to the Magistrates anent any
divisions, strifes, or debates (blood and blae excepted), the said
traidsman is judged be the said Deacon-Conveener Court to have walked
contrair to his oath at his admission of being freiman, and therefore
strictly ordains that whatsomever animosities, contraversies, strifes
and debates whilk may arise among the said traids betwixt neighbour and
neighbour that they shall have redress first to the Deacon of his awin
craft, and his Court, and if the matter be not decided there,. to have
redress sent to the Deacon-Conveener's Court, and who shall contravene
therein shall pay to the Deacon-Conveener's box the sum of ten pounds
Scots, toties quoties; and that the party offended, and the party
offending, when they shall desire the Deacon-Conveener to grant them ane
court for deciding of the said contravening, that they shall consign
forty shillings Scots, and shall stand and abyd at the Court's
determination and sentence as they shall enjoyn in reason and equitie.
ANENT ASSISTING UNFREEMEN.
Item, it is statute and
ordained that if any of the freimen of the said Crafts shall assist or
maintain any unfreimen in their house or elsewhere, they that have
contravened thereof (whatever he be) shall pay into the Deacon-Conveener's
box the sum of five pounds Scots toties quoties without mitigation.
ANENT THE CONVENER KEEPING
WATCH AND WARD.
20th January, 1696.—The
said day the Conveener Court did unanimuslie ordain that the present
Conveener nor none of his successors in his said office should keep
watch and ward as ane single sentinall, but should uphold and maintain
their ancient privileges conform to the laudable custom and former use
and custom. And the traids to be his warrand, and the boxmasters to have
seven parts of expenses, and the hospital the eighth part.
ANENT PAPISTS AND
HERETICS.
Item, it is strictly
statute and ordained that there shall be none who shall have power to
carry place or office among any of the Traids but only those who are of
the sound Protestant religion, and do publicly profess the same ; and it
is hereby ordained that no papist, quaker, or other heretic shall nowise
have power to carry any office or charge among the Traids ; and any of
the deacons whatsoever that shall suffer or permit the same to be done,
to be fined in the sum of three pounds Scots tones quoties, to come to
the Deacon-Conveener's box.
ANENT "WASHING HEADS."
22nd October, 1695.--The
said day the Conveener Court statutes and ordains that the Conveener for
the tyme advance all law affairs that concerns the Conveener Court, and
that the Conveener uplift the half of the money payed in by the new
members, and that the same be applied for the said law affairs, and that
the other half be applyed for washing the heids, and in case his
intromission be more or less, they are to count conform as the hospital
does thereanent at ilk election. (This practice of "washing heads" was
very prevalent at one time throughout Scotland. All entrants had to go
through the process, and of course there was the usual social
entertainment afterwards. Among the Aberdeen craftsmen this custom gave
place to the more rational, if not more graceful, ceremony which was
wont to take place at the annual riding of the marches.)
ANENT BRIBERY.
30th November, 1675.—The
said day the haill Deacon-Conveener Court in presence of Mr. John
Menzies, their patron, all in ane voice, without ony contradiction, did
by thir presents renew, ratify, homologate, and approve ane former act
of the Deacon-Conveener Court made by aduice of the deceased Dr. William
Guild, foundator, of the date the fifth day of October, 1636, and
subscribed by the said Dr. William Guild and the haill members of the
Deacon-Conveener Court for the time, hearing for the onerous cause
therein contained ; and it is strictly statute and ordained that
whatsoever traidsman beis found to be ane finer or preoccupier of votes
of whatsoever traid he be of (and being sufficiently proven) that such
ane person shall in nowise have liberty to carry any public charge
either as Deacon-Conveener, Deacon, Master, or Boxmaster for that
ensuing year, neither to be elected nor have voice in any election. And
in case any person or persons be found to fine for another he shall be
held in the same condition, and ordains the foresaid act to stand
inviolable to all future generatoins. And empowers the present Deacon-Conveener
and his successors in the said office to call and convene the haill
several Incorporations of the Trades about the Lammas time or thereby to
make search and inquiry if any person or persons be about to violate or
break the foresaid act in any manner of way, and if there be found any
strong presumption by excess, or drinking, or night walking with any
person or persons that have violate or broken the said act, that it
shall be lawful for the DeaconConveener and his Court, with advice of
the patron, to put such persons to declare upon oath whether they be
guilty in that matter or not. And for the faithful performance thereof
the said master John Menzies, patron, and the said Deacon-Conveener,
with the haill remanent Deacons, have subscribed this present act with
their hands for themselves and their successors in name of their
respective traids.
ANENT APPRENTICES.
Item, it is statute and
ordained that no freiman of the said traids whatsomever that shall
conduce and indent with prentiss ane or more, shall accept of them by
way of indenture or otherwise, under no less years than is agreeable,
conform to the custom and practice of the traid, and the master shall in
no wise directly nor indirectly, under whatsomever colour or pretext,
give his prentiss any backband or discharge of any of the years
contained in his indenture; And if it shall happen that any master be
found to transgress herein, to pay into the Deacon-Conveener's box the
sum of six pounds Scots tones quoties. And further that the prentice so
receiving the said backband or discharge, he shall lose all benefit he
may have or obtained by his indenture and prentisship. And also that at
the expiry of ilk prentice his prentisship, if there be any controversy
or debate betwixt him and his master, that the Deacon and masters of the
traid shall be the only judges competent thereto, and both master and
prentice to be holden to stand to their determination thereanent, as
they shall ordain in all points. And this to stand firm and stable in
all time coming.
7th February, 1641.—It is
statute and ordained by the Deacon-Conveener Court, conform to an act of
Council dated the 29th of Sept., 1632, that all indentures that be made
betwixt master and prentice shall be presented before the town clerk of
this burgh within twenty days thereafter, to the effect he may take ane
note thereof in his registry appointed for that effect, and mark the
same on the back thereof, and whatsoever craftisman shall fail herentil
his prentice not to receive the benefit of ane prentice, but shall come
in as ane extraordinar to the council. And ordains every Deacon and his
successor in his said office to make due and lawful intimation to his
trade of this foresaid Act, and none to pretend ignorance, and who has
any indentures mak as said is that, they present the same to the effect
thereof.
ANENT FREEWILL OFFERINGS.
19th December,
1632.—Forasmuch as the haill incorporations of the craftsmen within the
burgh at that time having contributed liberally towards building and
repairing of our church and conveening house founded by that reverend
pastor, Dr. William Guild, minister of Aberdeen, to the effect decayed
craftsmen (when overtaken with age) may be the better entertained in the
hospital of the Trinities; Therefore the haill Deacon-Conveener Court
with ane consent and assent have statute and ordained for them and their
successors in all time coming that ilk new admitted freiman that shall
be made hereafter shall pay and give in to the master of the hospital,
for the time, as much money as they can goodly spare according to their
ability, and to give order thereupon conform as the master of hospital,
and they shall agree thereupon ; and if any shall refuse (according to
their abilities foresaid) to offer to the said house and hospital, they
are to be excluded from any part or portion of the said hospital,
although poverty should seize never so sore upon them; and be ordained
not to carry office in their respective traids if any shall refuse their
help thereto as said is.
22nd July, 1677.—The said
day in presence of the said patron, it is appointed that against the
Lammas Court next precisely the haill traids to be called for in
presence of the said Mr. John Menzies, patron, anent their giving their
friewill offerings to the house and hospit-el. And the Master of
Hospital to do all diligence whilk he can, or may thereanent.
28th July, 1685.—The said
day it is statute and ordained with unanimous consent that whatsomever
persone or persones in the respective traids that refuses to pay their
friewill offerings to the hospital within twa years after they promise
the same, the same being required by the Master of Hospital for that
effect, that the same persons shall be depryved of any voyce in the
Deacon-Conveener's Court or in their own traid court at elections or
otherwise, aye and until they pay ; by and attour any other censure the
Conveener-Court shall impose upon them. And this act to be insert in ilk
respective traids books.
ANENT THE DEACON-CONVENER.
Item, it is statute and
ordained with advice of the haill DeaconConveener Court'ena voce that
whatsomever person lie be that is elected Deacon-Conveener shall not
continue but for the space of one year except it be unanimously resolved
by the haill traids in one voice, and humbly therefore desires that none
may pretend ignorance thereof. And this Act to be observed in all time
coming. (This Act was ratified In 1684 "in presence of Alexander Gordon
and Andrew Mitchell, and James Shand, Deacon-Convener.")
Item, it is statute and
ordained that upon the day of the election of the Deacon-Conveener every
present Deacon shall lift out of his own mouth ane member of his own
traid to be Deacon-Conveener, and they to be removed as use is until the
voices pass in the election. And this Act to stand firm and stable in
all time coming without any contravening whatsomever.
20th September, 1673.—The
said day the haill Court statute and ordains that every late Deacon-Conveener
(in respect he is acquaint best with the traids affairs for the time) be
continued ane year after his outgoing from his said office to be ane
adviser and informer to the Court anent their affairs; providing he
remain a master of his own trade, otherwise to be but ane single member
of the said Court as formerly, and thereby shall not add any further
number of voices upon the said Court as late Deacon-Conveener, and that
he shall not remain but for one year only upon the said Court upon the
said account conform to the act made anent the late Deacons. This to be
observed strictly in all time cuming for the reasons aforesaid.
20th November, 1722.—The
said day the Conveener Court put it to ane vote whether or not one
Convener or Deacon in this place should continue in their offices more
than two years, and was carried nem con, to continue two years only.
ANENT WASTING THE CRAFTS
COMMON GOOD.
Item, it is statute and
ordained that whatsomever person shall happen to be Deacon-Conveener for
the time, he shall not, upon any pretext whatever, spend or waste any of
the Crafts Common Good without the advice or consent of the Deacon-Conveener
Court, or at least of the present Deacons ; and further, that he is
obliged to take all the pains he can for ingathering of all convictions
and fines which shall fall in his time.
ANENT THE CONVENER BEING
PRESENT AT ELECTIONS.
26th September, 1648.—It
is strictly statute and ordained that at the choosing of ilk deacon and
of his boxmaster their accounts before their outgoing thereof this
place, that the present Deacon-Couveener for the time, with one or two
whom he shall bring with him, shall be present at the laying of the said
accounts, and to see that all things be done in due order and
moderation; and whatsomever Deacon and Boxmaster shall proceed to their
election without doing of the same, shall be amerciate and fined six
pounds Scots by and attour what other censure the Deacon-Conveener Court
shall impose upon them. And this to be observed in all time coming, and
also at the time to present their register to be signed by them to the
effect foresaid as is appointed by Mr. John Menzies, our patron, and his
predecessors in the said office.
ANENT THE CONSTITUTION OF
THE CONVENER COURT.
20th October, 1670.—The
said day the haill Deacon-Conveener Court for the maist part statutes
and ordains that it shall be observed in all time hereafter that no old
Deacon-Conveener of the said traids shall have any voice in the electing
and choosing of the new Deacon-Conveener yearly except he be ane master
of his ain traid and be lifted, but that always the two present
councillors yearly and Master of Hospital for the time, to be still
members of the Deacon-Conveener Court, and to have ane voice therein in
everything.
30th April, 1677.—The
said day it is unanimously statute and ordained that in all time
hereafter that at the next election in this present year every
respective deacon of traids shall bring with him three of the ablest of
his masters (the boxmaster being always one of them) to be members of
the said Deacon-Conveener Court, and the rest of the members thereof to
stand as before conform to the acts made or to be made thereanent, and
this to be observed in all time coming in respect of several good and
serious considerations.
20th September, 1675.—The
said day the hail] Conveener Court statutes and ordains for good
considerations moving them that no person whatsomever in the respective
traids shall carry charge as Deacon of their ain traid until first he be
one year ane member of the Deacon-Conveener Court, and if any traid
shall prevaricate therein the said Deacon so to be chosen not to be
holden nor accepted upon the said Deacon-Conveener Court.
ANENT THE MASTER OF
HOSPITAL.
1632.—Dr. William Guild,
pastor of Aberdeen, and patron to the Traids of the said burgh, did
mortify and bestow several annuities and casualties, and in particular
did bestow somewhat freely in assisting of the foresaid traids to build
and repair their meeting-house and chappel, and for y' effect did
appoint that a faithful, Christian, honest man, one of the said traids,
shall be chosen yearlie by advice of the patron and his successors, as
patrons, with consent of the members of the Deacon-Conveener Court, to
collect the whole rents and casualties belonging thereto, as he shall be
appointed by the Acts made or to be made thereanent.
25th October, 1656.—It is
statute and ordained that whatsoever craftsman shall be elected and
chosen to be master of their Hospital, in all time coming, he shall be
ane member of the Deacon-Conveener Court, and shall always vote as ane
member thereof, and this Act to stand in all ages to come.
10th January, 1659.—It is
statute and ordained that no Master of Hospital whatsomever shall have
power or libertie of himself to build or repair any house or
considerable work belonging to the traids, which shall amount or extend
above the sum of twenty pounds Scots, without special leave, order, or
warrant from the Deacon-Conveener Court, and ane warrant under the
Clerk's hand for that effect; and in case he do in the contrair, the
same to be null, and the traids not to allow the same except the haill
Deacon-Conveener Court and members thereof assembled for the time shall
give ane complete and full voice therein. And ordains this Act to stand
in all time coming.
28th February, 1678.—The
said day the haill Deacon-Conveener Court statutes and ordains, in all
time coming hereafter, that the Master of Hospital shall be chosen
yearly at Hallowmas, after the election of the Deacon-Conveener Court,
and to continue yearly only to Hallowmas thereafter, and to have his
accounts punctually in readiness before the said time, under the failure
of ane hundred merks Scots, and his charge and discharge to be divided
into three several parts of his books, with the first anent the affairs
of the House and Hospital and rents thereof ; the second anent the
Catechist's rent ; and the third anent the Bursars' (louse and rents
thereof. And the Master of Hospital to charge himself with the haill
rents and emoluments belonging to the respective charges, and to
discharge himself only of what he shall receive, diligence being used by
him for receiving the same.
31st October, 1684.—It is
statute and appointed that the master of said Traids Hospital, present
and to come, shall not give out upon bond or profit any of the Hospital
means or moneys without consent of the patron, Deacon-Conveener, and
haill deacons. And if he does, in the contrair, he is to charge himself
thereof as debtor to the Hospital.
8th May, 1599.—The said
day it was strictly statute and ordained that no person be elected and
nominate Master of the said Traids Hospital except he be of ane good
report, and that he have ane visible fortune in good credit ; and that
none voice to give such person or persons that are not bona fama, or
have a visible fortune, that place although he be lifted.
19th November, 1702.—In
presence of Dr. William Blair, Patron, and Patrick Whyt, Deacon-Conveener,
it was by voice of Court statute and ordained that notwithstanding of
the Act upon the other side made anent the election of the Master of the
Hospital, that in case any respective traid lift at the election of the
Hospital ane honest man of good report, although he want heritage, and
in case he carry to the Hospital, the Traid who lift him, in case he
wants heritage, shall be cautioner ipso facto by lifting him for his
fidelity and due performance of his said office of the Hospital.
23rd October, 1712.—The
said day the whole Court with consent of their patron statute and
ordained and declared that in all time coming no Master of the Traids
Hospital shall presume to give out landward or bestow any money not
exceeding four pounds Scots without consent of the Deacon-Conveener and
the Deacons or major part of them, which are hereby declared to be a
quorum with certification that if any Master of the Hospital do in
contrair hereof that the same shall not be allowed to him at counting,
but shall lose the same himself. This present Act to stand unalterable,
notwithstanding all prior Acts. (On 3rd May, 1704, the Master of
Hospital was fined £6 Scots for employing workmen without the consent of
the Court.)
12th November, 1735.—The
Court statute and appoint that in all time to come the Master of the
Trades Hospital shall have only a yearly allowance of forty shillings
sterling in name of all debursements and charges for managing the
Hospital funds, providing the lands of Dumbreck continue under the
Master of Hospital's management.
ANENT THE PRICE OF
COFFINS.
16th October, 1693.—The
said day the Conveener Court, taking to their serious considerations the
exhorbitant prices taken for deid chists for beidmen within the said
Hospital, for remeid thereof hereby ordains that in all time coming ilk
beidman's deid chist made of tlticke clefts shall be of price three
pounds ; ilk deid chist having syds and gavills of haill wood, four
pounds ; and ilk deid chist thereof of haill deals, five pounds of Scots
money. And that the said deid chists shall be all coloured at the
foresaid price, but in case any of them be required by the Master of
Hospital to be picked, then and in that case the wricht to get ten
shillings, Scots money, more for the chist picked, and this to be ane
standard for the price of the deid chists to be made for the beidmen and
poor of the said Hospital in time coming. ("Picked" evidently means
pitched. It may be mentioned that in those days the common class of
coffins were V shaped , the better class had "syds and gavills" as above
mentionod.)
ANENT THE ACCOUNTS OF THE
HOSPITAL.
9th December, 1684.—The
said day the haill Conveener Court present for the time, taking into
their consideration the great loss the mortifications belonging to the
said traids sustained, partly by the liberal and excessive spending, and
partly by omitting to take particular inspection of ilk mortification by
itself; for remeid whereof in time to come, it is strictly statute and
ordained by the said Court, with consent of Doctor Patrick Sibbald,
Professor of Divinity in Aberdeen, their chosen patron, that the Deacon-Conveeuer,
Deacons, and remanent masters and members of the DeaconConveener Court
and their successors in office stand to and observe the conditions and
ordinances under specified, viz.:—(1) That there be no monies be cause
restand to the Master of the said Hospital be uplifted or transacted
without the special advice or consent of their patron for the time; (2)
That there be no houses bought or sold by the said Master of the said
Hospital and his colleagues, without the said patron's consent (3) That
no houses be repaired belonging to the said Hospital which will cost
sixteen inerks of reparation, without the said patron's consent; (4)
That the said patron have a special voice, advice, and be ane eye
witness to the election of ilk Master of the said Hospital, and
subscribe the discharge and see every particular of his accounts,
otherwise the same discharge not to be valid or sufficient; (5) That the
Master of the said Hospital be chosen yearly by the old Deacons, and in
their turn before Michaelmas yearly, as persons best known to the
affairs throughout the year, especially conform to the will of the
mortifier set down in the said Trades in their Magna Charta. And that no
persons that joined for the said place get the same at that season.
Likewise for the better flourishing of mortifications belonging to the
said Traids and the encouragement of good men to add thereto, it is
strictly statute and ordained that the free rent of ilk mortification be
improven per se, and particularly the bursars and castlegate
mortification; and that such money as the bursars have given bond for
shall, after the same is uplifted, be secured upon land, bond, or annual
rent, where best security may be had for making up that mortification;
(6) That every mortification be kept in retentis; (7) That no charges
and expenses at visitation of houses or public meetings burden the
Hospital, but be out of the respective Deacons or others, members then
present, their own pockets. And in case any do in the contrair, the
Deacon-Conveener and Master of the Hospital for the time shall be
answerable to the patron and other judges competent therefor, and shall
be liable for cost, skaith, and damage, and, at the patron's pleasure,
declared answerable by the haill Traids to carry the like thing again.
Likewise compeared the said Alexander Patersone, Deacon-Conveener for
the time, and James Smith, gunsmith, Deacon of the Hammermen for the
time, for themselves and the remanent persons adherents, and protested
that they nor the Master of the hospital for the time should not be
liable for any bye past mismanagement of the said Traids, their
mortifications, in respect they had no accession thereto, but that the
person or persons in charge for the time be liable for the reparation
thereof as their own proper faults and deeds. And that this Act should
stand in all time coming.
7th January, 1688.—The
said day the said Conveener Court, with consent of the said patron,
statutes and ordains that ilk representative Deacon shall charge himself
with so much money as any friemen who are now entered shall offer to the
house at their entry, and that the said Deacon conform to their
respective Trades make thankful payment thereof whomsoever the Deacon-Conveener
and Master of Hospital shall call therefor. As also that the Master of
the Hospital charge himself yearly with the haill mails of the houses
belonging to the Hospital, at the least show diligence therefor, or then
take them in his own hand, and that sicklike that the Hospital rents be
nowise burdened with any contribution or money to the poor in the
respective traids, but that ilk traid maintain their poor out of their
respective boxes ; and sicklike that bursar's bonds be registered to the
effect that none may be lost, and this to be observed in time coming and
whatsoever Deacons contravenes and goes against these premises shall
have no voice in the Conveener Court until he gives satisfaction.
ANENT ELECTION OF DEACONS.
26th September, 1619. —It
is statute and ordained that no traid shall go on in an election of a
new Deacon except the haill traid be lawfully warned to come to the
meeting house and place appointed for that effect. And also it is
thought fit and convenient that after the election the late deacon to be
ane member of the Deacon-Conveener Court for that year; and if any
Deacon shall act or do in contrair, to pay for the use of the said poor,
to the Deacon-Conveener's box, the sum of twenty pounds Scots, and also
whatever censure the Conveener Court shall impose upon him.
ANENT THE ADMISSION OF
SONS.
10th May, 1662.—It is
statute and ordained that in all time coming every freiman's son who
shall happen to be admitted freiman in any of the seven traids shall be
received and admitted in as easy a way as if his father had been freiman
of that self same traid, and this to be observed in all time coming.
ANENT ENTERING CRAFTSMEN.
25th October, 1662.—It is
statute be the haill Deacon-Couveener Court in ane voice that ilk
entering freimen amongst the haill traids shall be tried by his traid to
see if he be qualified in his traid or able to pay what the traid shall
impose upon him, and that he may have something considerable to begin
him in his traid and employment for serving of the leiges. And that none
of the respective traids suffer or allow the entrant either at the
giving in of his bill, or at the making of his essay, or at the payment
of his composition to drink or spend with any of them, but all the money
that wis in use to be superfluously spent to be put into the Traids
boxes for the use of the poor. And in case any of the said traids shall
break or contravene this present act, after due trial and examination,
shall be censured according to the will of the Deacon-Conveener Court.
10th December, 1707.—The
said day the Convener Court taking into serious consideration the act
anent entering freiinen, dated 25th October, 1662, against them drinking
and spending at entry, do now of new again not only homologate and
approve of the said act, but also hereby statutes and ordaines that in
all tyme coming no deacon within this burgh shall suffer or allow either
he himself, his masters, or members to cause any new entrant to be put
to any expenses of drinking as in former tymes, but that the money so
due by any entrant either for drink money or dinner shall be paid into
the boxmaster of the traid for the tyme in cash, which is to be made use
of for the use of the poor, and this to stand unalterable in all tyme
coming under the failzie of ten pounds Scots money, to be paid by any
Deacon, Boxmaster, or other member whatsomever that shall be found to
contravene thir premises.
ANENT EACH TRADE'S
CHAMBERS.
19th November, 1702.—It
is statute and ordained that ilk respective traid [have] their own
chamber in the Trinities, doors, bands, beds, locks, keys, and shelves,
and that the master of the Hospital be nowise affected therewith in any
time coming. And this to be observed in all time hereafter.
ANENT THE DEACON-CONVENER'S
BOX.
It is statute and
ordained that every entering freiman upon the several incorporations,
his sey being passed and accepted by their calling, that the Deacon of
the said traid for the time shall punctually exact twenty shillings
Scots from the said entering freiman to be given in to the Deacon-Conveener's
box upon the day of election conform to our ancient custom ; otherwise
ilk entrant Deacon who neglects to exact the said twenty shillings Scots
to pay the same himself to the outgoing Deacon-Conveener, or those not
to have vote in the said election until the said be paid.
29th October, 1674.—The
said day the haill Deacon-Conveener Court do unanimously strictly
statute and ordain that in all time coming hereafter ilk member of the
Deacon-Conveener Court shall pay in quarterly to the Deacon-Couveener's
box precisely six shillings Scots, for prosecuting or defending the
actions and pursuits of law concerning the traids affairs, and to be
strictly paid quarterly before they have any vote in the said Court, the
first quarter's payment thereof beginning at the Hallow Court, 1674, and
so to continue quarterly to all future ages, and the person or persons
who shall happen deficient in payment thereof as said is, not to be
called to meetings and courts of their ain respective traids until they
pay the same. As also that no Deacon of whatsoever traid shall bring any
master with him upon the said Court but those who are sufficiently able
to pay their said quarterly courts. And ilk Deacon to be liable for
paying the same themselves (in case their masters fail) before ever they
get a vote in chosing of a new Deacon, or yet has any vote in chosing of
their ain Deacon. And likewise the haill Deacon-Conveener Court una voce
statutes and ordains that in all time coming hereafter the half of each
particular sum which is exacted off every new entrant member of the
foresaid Court, at and upon the day of election of the new Deacon-Conveener
Court, shall exactly come in to the Deacon-Conveener's box the very
self-same day before the election, ilk person proportionally as
follows—namely, ilk new Deacon-Conveener, immediately after he is
elected, to pay in the half of six pounds Scots; Item, ilk new Deacon
who has not been upon the said Deacon-Conveeuer's Court before, the half
of four pounds ten shillings Scots, ilk Deacon that has been upon the
said Court before the half of three pounds Scots ; Item, ilk new
boxmaster being a member of the said Court the half of forty-eight
shillings Scots; Item, ilk new boxmaster although not upon the said
Court the half of twenty-four shillings Scots ; Item, ilk new single
member of the said Court the half of thirty shillings Scots; Item, ilk
new entrant freiman who shall come in amongst any of the said trades to
pay in his twenty shillings Scots to the said box conform to ane former
act made thereanent. And further that ilk new councillor who has never
been upon the Town Council of the said burgh before, the half of two
pounds Scots. And ordains all the foresaid particular sums of money to
be punctually ingathered by the Deacon-Conveener in place for the time,
or any other who shall be appointed for that effect, and the same to be
recorded in the public register or any other book that shall be
appointed for that use. And whosoever he be that shall collect the same
to make just count, reckoning, and payment of the same before his
outgoing, and that all shall be furthcoming to the weal, stability, and
profit of the said traids, and for maintaining and defending their
ancient righteous privileges, offensive and defensive. And that no bill
or any other public burden affect the same in any manner of way. And
strictly statutes and ordains that the haill premises shall be exactly
condynlie observed and fulfilled to all succeeding generations. And
whatever person or persons who shall happen to contravene and fail in
the premises of any part thereof that they shall be debarred and
secluded both as members of the Deacon-Conveener Court and as members of
their own traid's courts or meetings, and not to carry charge nor have
vote therein. And likewise to be debarred and excluded from all benefit
they may have or pretend to the traids house and hospital of the
Trinities in any manner of way, and for the faithful performance of the
haill premises, and every payment thereof the Deacon-Conveener and haill
remanent deacons of their traids for themselves and in name of their
respective crafts and their successors has subscribed this present act
and ordinance with their ain hands individually.
ANENT BOXMASTERS'
ACCOUNTS.
1st December, 1730.—The
Court statute and ordain in all time coming, every boxmaster of the
respective incorporations shall give in their accounts and boxmaster's
book to the conveners and deacons to be by them inspected, and that upon
the day of giving the master of hospital his charge the said convener
and deacon are to have a competent time for inspecting the said
accounts, and making their observes thereupon, and they are to return
the said accounts and books within six month after receiving the same.
ANENT FUNERAL EXPENSES.
24th November, 1728.—The
Court hereby statute and ordain that in all times coming, when any of
the beedmen in the Trades Hospital shall happen to decease, that the
master of hospital for the time being shall pay into the boxmaster of
the trade to whom such beedman belongs, allenary the sum of £12 Scots,
in order to defray the charge of their funeralls, and that thereupon the
said trade to whom such beedman belongs shall be obliged to burrie the
said beedman without any further charge on the hospital, and appoint no
goods, gear, or others belonging to such beedman to be taken out by any
person from the hospital, but that the samen shall be disposed of by the
master of the hospital in the public account.
ANENT THE FUNCTION'S OF
THE PATRON.
27th May, 1728.—The Court
taking to their consideration some former acts of this court granting
privileges and authority to their patron beyond which is contained in
the will of the mortification appointing their patron doe for remeid
thereof restrict the powers of their patron to the will of the
mortification allenarly, and hereby rescind and declare null all former
acts to the contrairy.
The following extracts
will serve to illustrate the nature and mode of dealing with breaches of
the acts and statutes :—
ASSAULTING THE
DEACON-CONVENER.
20th July, 1683.—The said
day [before Alexander Idle, judge-substitute for the time] the haill
Court present for the tyme having heard, seen, and considered ane bill
given in by Wm. Scott, goldsmith, burgess of Aberdeen, against Alexander
Anuand, younger, wricht, burgess of the said burgh, anent the said
Alexander, his injurious speeches, indecent behaviour, and mal-pairt
striking of the said William Scott—present deacon-convener of the traids
of the said burgh ; and, also having heard, seen, and considered the
deposition of certain famous witnesses thereanent, the masters and
members of said Court present for the tyme, ordained that the said
Alexander Annand should have no voyce in any meetings or court, either
of the Wright and coupars or of the Deacon-Couveneer Court, nor have no
charge among the traids until such tyme that he supplicate the court and
give satisfaction for his transgression to the said Alexander Scott,
convener, as the said Court shall ordain, and that the haill masters and
members of the Conveneer Court should concur and assist to their power
to the said convener for his satisfaction ; and that the said Alexander
Annand should pay any fyne the Conveener Court should impose upon him
for his misdemeanour, before he hath power to voyce, and this to be
acted in the convener's books as example to others to do the lyke in
tyme to cum.
GIVING THE LIE IN A FENCED
COURT.
12th August, 1699.—The
said daye George Gordon, tailzeour, was amerciat in fourty shillings
Scots for giving his neighbour the lie in ane fenced Court, and for his
misbehaviour to the convener, and the Court unanimously ordained that he
have no voyce, and be extruded the Conveener Court until he page and
crave the injured's pardon.
A COMPLAINER TO THE
MAGISTRATES PUNISHED.
12th May, 1702--The said
day John Craig did enact himself not to complain to the magistrates
before he complained to the Convener Court conform to the act of the
Convener Court under faylzie therein contained, and the court ordained
him to crave pardon for complaining against William Donald to the
magistrates before he complained to the Convener Court.
AN UNRULY MEMBER.
19th March, 1705.—The
said day, considering all the extraordinary enormities committed by
William Lorimer, baxter, ane member of this court, and particularlie in
his being often drunk, swearing and profaning God's great name, and his
probation thereof, and his own confession, they, the said Conveener
Court, amerciates him in four pounds Scots, to be immediately paid into
the hospital for the public use, and in the meantime debarrs him as a
member, aye and until he give such suitable satisfaction to the court as
shall please them, and pay the said fyne.
The said day it is also
found (the said William Lorimer's habitual drunkenness and swearing) by
the said Court, that they ordain John Craig to possess the chair as late
Deacon notwithstanding of use and wont, declaring thereby that these
presents shall no wise infer ane statute or ordinance, nor take of the
laudable customs of the said trades, and debarrs the said William
Lorimer therefrom until his satisfaction of the fyne be paid as use is.
25th July, 1705.—The said
day compeared William Lorimer, baxter, and in obedience to the Court,
acknowledged his former faults and craved pardon, and upon which the
Court received him as a member of their society.
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