SIR ROBERT STEWART of
Minto seems to have been succeeded in the provostship by Archibald
Dunbar of Baldoon who is found in office in 1538. The name of " John
Punfrastoun, provost of Glasgow," is noted as a witness on 16th
October, 1539. [Lib. Coll. etc. p. 60.] The next provost whose name
is traced was Andrew Hamilton, but all that is found regarding him
is the statement that for causing his death the laird of Bishopton,
and others, were "dilated" on 8th October, 1541. John Stewart of
Minto was provost in 1543, Andrew Hamilton of Middop in 1545,
Archibald Dunbar of Baldoon in 1547, James Hamilton of Torrens in
1549-50, and then it is probable that Andrew Hamilton of Cochnocht,
in Dumbartonshire, held office from 1551 till 1559, and perhaps
longer, though, apart from the dates mentioned, his tenure of the
provostship has not been traced in more than one of the intervening
years. The appointment of provost belonged to the archbishop, but as
the bailie-depute of the regality was usually selected, the holder
of the office for the time was likely to be acceptable both to the
archbishop and to the chief bailie of the regality. [Glasg. Chart. i.
pt. i. P. 634 ; A.P.S. ii. P. 471. Pitcairn's Criminal Trials, i.
pt. ii. p. 36i.* In his History of Glasgow' published in 1777, John
Gibson, who seems to have had access to records not now extant, says
that Lord Belhaven was provost in 1541. The title " Lord Belhaven "
in the Scottish peerage was not conferred till 1648, but the
ancestors of the first lord were the Hamiltons of Broomhill, in the
parish of Dalserf, Lanarkshire, and it may have been one of these
who was provost about the year 1541.]
At a parliament held
at Edinburgh on 14th August, 1546, the city of Glasgow was
represented by a commissioner named Andrew Hamilton, presumably the
provost of that name, who was designated of Middop, supposed to be
Midhope in the parish of Abercorn, Linlithgowshire. No earlier
parliamentary representative of the city appears on record. This
perhaps is to be explained by disappearance of parliamentary
sederunts or it may be that the city had hitherto neglected to
appoint a commissioner. There was no change of circumstances in 1546
to account for the attendance of a Glasgow representative for the
first time in that year, and therefore it may be assumed that,
whether advantage was taken of the privilege or not, the city was
entitled before that time to send a commissioner to parliament.
As the bailies were
chosen by the archbishop from a leet selected by former members of
the town council, at the head burgh court held after Michaelmas,
yearly, it is probable that, on account of the unsettled condition
of episcopal affairs, there was no opportunity for an election in
normal form between Michaelmas, 1546, preceding the death of
Archbishop Dunbar, and Michaelmas, 1552, following the consecration
of Archbishop Beaton, and to judge from the sequel there was some
irregularity even then. At the approach of Michaelmas 1553
preparations were made for preserving a record of the proceedings
for future guidance, and a notary was instructed to set down the
facts in a formal instrument. From this document it appears that on
the Tuesday following Michaelmas, being 3rd October, 1553, the
provost and magistrates, at the desire of the town council, came
into the inner flower garden, beside the Bishop's Palace, where the
archbishop was conversing
with some canons of
his chapter. There much discussion arose, on both sides, regarding
the election of the bailies, thus showing that one side or the other
was dissatisfied with the previous practice, and perhaps parties
were not quite at one in their conception of the actual facts
regarding former procedure. At last the delegates from the town
council presented to the archbishop a list or leet of "some of the
most eminent and worthy men of the city" and asked him to nominate
two of them as bailies for the ensuing year. On the archbishop
complying with this desire by pointing out with his finger the names
of John Hall and John Muir, the attending provost and magistrates
promised that these two should be elected as bailies, using these
words:—"We sail do your lordship's will." So saying, the deputation
returned to the tolbooth; and after they left, the archbishop said
to the canons that for removal of all "further" contention
respecting the nomination and election of bailies, all the business
then transacted would be set down in an instrument which a notary
was instructed to prepare. [Glasg. Chart. i. pt. ii. pp. 119-21.]
Complete information
is not available regarding the revenues derived by the archbishops
from the burgh. It is known that sixteen merks were yearly paid to
them by the burgesses as rentallers of the community lands, and they
also drew the customs of the Tron to which they obtained a grant
from the crown in 1489-9o, as well as other customs, particulars of
which have not been ascertained. The mode of collecting the latter
customs, both before and after 1547 is gathered from a tack entered
into on 16th April of that year, whereby Archbishop Dunbar, with
consent of the dean and chapter of the metropolitan kirk, set to
Henry Crawford, parish clerk of Cadder, the whole of the
archbishop's customs of the burgh, all as the same had been let to
the same tacksman for several bypast years, and that for the space
of nineteen years from Whitsunday, 1546, for payment to the
archbishop and his successors of X24 yearly. But the money was not
to remain in the archbishop's hands. The sum of L20 was to be given
to the regents of the College and the remainder went to the
chaplains of the altars Nominis Jesus and Our Lady of Piete, founded
by Archbishop Blacader. [Antea, p. 294 ; Reg. Episc. 100. 486; Glasg.
Chart. ii. pp. 511-2.]
But over and above
these revenues which, presumably, were regularly collected,
Archbishop Beaton seems to have claimed certain duties from the
community, liability for which they repudiated, and the lords of
secret council were called on to decide the question. The decree,
another of the inventoried documents abstracted from the city's
repositories, was pronounced on loth December, 1554. From its
description as contained in the city's Inventory of Writs it is
gathered that the community was sued "for alleging itself to be
doted and infeft by the bishop's predecessors in certain privileges
and liberties and to be infeft be the king," and for not paying
certain duties to the archbishop. The community were also called
upon to produce the writings concerning the bishop, but owing to the
loss of the document the purport of the proceedings is not disclosed
in an intelligible form, nor is there much to be learned from the
reported negative result when "the lords assoilzies this burgh frae
the lybell." [Glasg. Chart. i. pt. ii. p. 121.]
One dispute seems to
have led to another, and the period of annual election having again
come round about two months before the Privy Council gave their
decision in the proceedings just alluded to, a body of citizens,
thirty-five in number, elected two bailies of the city without
submitting a leet to the archbishop, as had been done with such
formality so recently as the preceding year. Information on this
subject is obtained from a Commission by Queen Mary, under her great
seal, with consent of James duke of Chatelherault, earl of Arran, as
bailie-principal of the regality of Glasgow, dated 12th February,
1554-5, whereby Robert Heriot and three others were authorised to
hold courts of the bailiary of the regality of Glasgow, within the
Tolbooth of Edinburgh, for the purpose of hearing and deciding upon
the complaint of Archbishop Beaton regarding the election of the
magistrates of Glasgow. The archbishop represented that the
privilege of nominating the provost and choosing the bailies from
leets belonged to him and had been enjoyed by his predecessors
beyond the memory of man, "or at least for sixty, fifty, forty or
twenty years preceding Michaelmas last." The circumstances connected
with the disputed election were then narrated and the archbishop's
claim to be supported in his rights and privileges was submitted to
the commissioners, it being considered inexpedient to have the
action prosecuted before the bailie-principal of the archbishop or
his deputes in the city of Glasgow. The commissioners were sworn
before the lords of council at Edinburgh on 25th February, 1554-5,
but the proceedings cannot be further traced. From what is known of
subsequent election procedure and specially from the action of the
magistrates and community at election time in 1561, when to show
their willingness "to obtemper and obey the decreet of the lords of
council," commissioners sought the archbishop or his representative
at his castle and mansion place, [Glasg. Chart. i. pt. i. pp. 540-2;
ii. pp. 126-7.] it would appear that the regality commissioners
decided in favour of the archbishop's claims. So far as can be
ascertained, the archbishop up till the time he left the city,
continued to nominate the provost and to choose the bailies from a
leet, but after that was done the commissions both to provost and
bailies were no doubt granted by the town council in the manner
previously explained. [Antea, p. 210.]
The earliest minute
book of the Convention of Burghs begins on 4th April, 1552, on which
day, within the Tolbooth of Edinburgh, there convened " the
provestis and commissaris of the Borrois of this realme," including
"Andro Hamiltoun, provest of Glasgow, and John Mwre, commissinar
thairof." At the outset a series of statutes was ratified and
approved, the first of these referring to an ordinance made "of lang
tyme bipast," for the convention holding yearly meetings, and it was
resolved that this rule should in future be observed,
representatives convening in July, yearly, in such place as the
convention might appoint. In this renewed vitality an improved
administration was contemplated in several particulars. Uniformity
was to be attained in weights and measures, the Lanark stone, the
Stirling pint, the Linlithgow firlot and the Edinburgh elwand.
Complaints had been made against burghs for innovations in exacting
petty customs and each burgh was in future to conform to the
Edinburgh table. Edinburgh was also to furnish the model for the
election of provost, bailies, treasurer, dean of guild and council.
All the burghs sustained loss through some of their burgesses
dwelling outside the burgh, and not bearing their shares of burgh
charges, and to remedy this neglect proclamation was to be made at
the market cross of each burgh, calling upon their freemen to reside
in the burgh and watch, ward and bear taxation proportioned to their
substance.
At the convention
held at Edinburgh, in the following July, that burgh and Stirling
produced their measures, but Lanark and Linlithgow were defaulters.
Of the ensuing convention, appointed to be held at Stirling, no
record has been preserved. The next convention of which there is a
minute was held at Edinburgh in May, 1555, when Glasgow was
represented by William Hiegait, probably the notary of that name,
who for several years held the office of town clerk of the city.
Owing to changes in the condition of some of the burghs, tending to
decay through the effects of war, pestilence and other troubles,
since the time of James IV.,a committee was appointed to make the
necessary inquiries and to frame a new tax roll, adapted to the
ability of the respective burghs to share the contributions levied
from the general body. It was reported on 18th September, 1555 that
the tax roll had been altered, but unfortunately no particulars are
given. In an allocation made in 1556, Glasgow still stood eleventh
on the roll, as it did in 1535, but perhaps the alterations reported
in 1555 had not yet come into operation. In a taxation allocated on
6th September, 1557, Stirling, St. Andrews and Haddington got lower
places and Glasgow stood eighth on the roll. [Conv. Rec. i. pp.
1-14, 21, 26.]
Inequality in the
exaction of petty customs as well as of haven duty still prevailed
in 1555, rendering travellers liable to the exactions of " ignorant
and gredie keparis of portis and hevynis of the borrowis of this
realme." A table of dues from the petty custom books of Edinburgh
was therefore to be transmitted to each burgh, with instructions to
adhere to the rates there specified and avoid " extortions " in
future. Burgesses were subject to lower rates than unfreemen, and to
secure this benefit unfree merchants sometimes joined with burgesses
in partnership and the convention passed an act against the
continuance of such practices. In sea traffic, also, skippers and
shipowners communicated privileges to unfreemen, and to prevent
evasion of that sort merchants were directed to freight their ships
in presence of the dean of guild or a bailie and not to sail without
a ticket which was to be granted to none but freemen. [Ibid. pp.
10-12. Referring to an act of parliament requiring burghs to have
just weights and measures, the convention ordained each burgh to
choose, yearly, a dean of guild who should see to the observance of
that order (Ibid. p. 14). Glasgow had many reminders from the
convention about the appointment of a dean of guild before the
establishment of its guildry in 1605.] |