We reproduce merely a selection of the more prominent
incidents, but these give us a graphic view of the social life of the town
in the sixteenth and seventeeth centuries, and the arbitrary, and in some
cases the highly injudicious laws, which at that period were in force. The
Kirk Session was then a great power as a local authority, not inferior to
the Town Council, sometimes far ahead of it in its arbitrary rule. It may
very naturally be asked what was the effect of this rule on the commission
of crime. If we may judge from the overwhelming number of entries in the
Town Council and Session Records, it is evident its effect on crime was
nil Some of the records are unusually interesting, particularly those
bearing on the regulation and rules of divine service. The Kirk Session
divided the town into four districts, under visitors who regularly
perambulated the town with a bailie to see that the people attended service
forenoon and afternoon, and to note absentees that they might be proceeded
against Drunkenness, tippling, and night walking were severely punished,
while the supervision of the Kirk Session over the people was exercised to
such a degree that no one could obtain lodging or employment except by a
Kirk Session license.
This severe censorship lasted for a century and a half
after the Reformation. In 1580 it was ordained that in the administration of
the communion the first bell was to ring at 4 am., the second at 4.30, and
the third at 5. In the matter of absence from service, it was ordained that
an elder of every district should pass through the town every Sunday in time
of preaching before noon (turn about), and note those who are found in
taverns, bakers' booths, or on the streets, and report them to the Assembly,
that every one who is absent may be fined twenty shillings, in terms of the
statute. This practice was kept up till 1776. In August, 1582, it was
ordained that every elder "who comes not on Monday next to service, being in
town, or any other day hereafter, shall pay two shillings Scots to the poor
(twopence), and if behind the hour twelve pennies Scots extra." There is a
special ordinance in March, 1587, making attendance at Thursday's service
compulsory. The Session, in the belief that there were sundry honest men and
masters walking the streets, or abiding in their booths, and absenting
themselves from service on Thursday, while the rest of their neighbours were
occupied in the service of God, ordained that the Dean of Guild convene his
brethren, and the deacons of the Incorporated Trades their brethren, and
charge them that "every Thursday they shall leave off work, attend the kirk,
and with the rest of their neighbours give themselves to the hearing of the
word and service of God." The Dean of Guild and deacons were to appoint the
penalty for breaking the Sabbath day by contraveners of this ordinance. Some
weeks after, William Shepherd was accused of breaking the Sabbath day,
confessed, and was fined. He was informed that if ever he be found again
exposing his bread for sale during sermon, or at any other time on Sunday,
he would be punished therefor, and the Act enforced with all rigour. On 5th
April following, the whole fleshers were called before the Session and
accused of breaking the Sabbath, and of being profaners of the Lord's table,
swearers and common bargainers. They all pled guilty. The Session suspended
judgment and the rigour of the sentence which their faults required in hope
of amendment; but if in time coming " any of them be found to contravene,
the penalties in the Act would be enforced with rigour as often as they were
found culpable." On 18th May, 1589, the Session ordained keepers of the
town's gates "to suffer no Spaniards or other idle vagabonds to come within
the town. If the porters disobey, they shall be deprived of their office.
Should any inhabitants receive or lodge any Spaniards or beggars let in by
the sloth and negligence of the porters, they shall pay the penalty of
twenty shillings Scots for each person." Janet Macduff was ordained to be
taken and presented on the Cross-head on Saturday, there to remain fast in
irons from 10 a.m. till 12, with a mitre on her head and writing of infamy:
thereafter to be banished the town for ever. If found in the town again, to
be burned with the town mark on the cheek. Any one receiving her into
lodgings would have to pay a penalty of forty shillings.
Then the Session dealt with the Magistrates in the matter
of constant disturbances during preaching, by bairns playing and crying in
the Kirkyard. The Session ordained that the bailies appear in their own
appointed seats on preaching day, that the minister duly intimate to them
such things as are to be done. And in any case, if they be absent to be
called by their names, to come to church next day, and then in case of
absence, publicly to be reproved. And likewise the officer to wait on the
bailies, and order them to keep the preaching, otherwise they will be
punished as breakers of the Sabbath, as an example to others.
In 1592, Thomas Taylor, it would appear, gave no
obedience to the kirk, but was denounced as a contemptuous person, and the
bailies being negligent, the Session ordained the bailies to put him in ward
for his contempt, and failing their doing so to proceed in excommunication
against the bailies. Taylor afterwards confessed his offence in breaking the
Sabbath. The Session ordered him to appear on Sunday following, and during
service to stand bareheaded before Lady Gowrie's desk, when he should be
required publicly to confess his offence. For the due performance of this
Patrick Oliphant became his cautioner. It is recorded that in the following
year in time of harvest, men and women shearers resorted to the town on
Sabbath, walking up and down the streets during service, waiting to be
hired, and earn a little worldly profit, little or nothing, as the Session
said, regarding the profit of their souls. This being a heavy slander on the
Session, the Session ordained the keepers of the gates to hold them out
under pain of reprimand. The Session ordered the Magistrates to remove and
banish them from the town, and suffer not such Sabbath-breaking to be
unpunished.
William Kinloch, gatekeeper at Bridge of Tay port, had
various times been negligent in his office and slanderous in his life, and
on Sunday during sermon was found drinking in James Blyth's house. The
Session ordained him to appear in the place of public repentance bare-footed
and bare-headed, and in linen clothes, under pain of excommunication, in
order to declare his repentance before the congregation, whom he by his
ungodly life had often slandered. After this the Session ordained every
Deacon of Craft, and the Dean of Guild for the merchants, to put a twopenny
candle in their pews every Sunday morning in time of the morning service;
and the treasurer was required to furnish a twelvepenny candle to the leader
to be lighted immediately after the first bell.
As an illustration of the Session's strict supervision of
the people, very probably a necessary supervision, we find that the
following year they ordained Alexander Balneaves, Session Clerk, to write
the names of all the inhabitants of the town, and after trial and
examination of these and every one of them on the grounds and heads of the
Christian religion, so that they may be admitted to the celebration of the
Lord's Supper. One Sunday both men and women in the forenoon evidently rose
up at the stroke of eleven, and departed without the blessing. In order to
stop this objectionable practice, the Session ordained both bailies and
elders to keep both the kirk doors, and suffer none to depart before the
blessing, unless sick or ill at ease. The Session ordained that the whole
congregation (burgh and landward) be equally divided to each minister for
weekly visitation and examination of families, that they may know what
progress the people make in Christianity: "So that we may be strengthened
and armed against the false doctrines of the instruments of Satan, who go
about craftily and maliciously to subvert or corrupt the purity of the
gospel."
It was reported on 8th January, 1599, that Lady Errol of
contempt absented herself from the hearing of the Word on Sunday and other
preaching days. The Session ordered a bailie and three elders to speak to
her, and if she had no reasonable cause for absenting herself, to desire her
to be present in time coming, otherwise the Session would proceed against
her with all the censures of the Kirk. In April following James Young,
town's officer, was accused of profaning the Sabbath by absenting himself
from the kirk and being "beastly drunk," and pursuing George M'Gregar
through the streets with a drawn sword. George Horn's wife declared that on
Sunday Young and John Murray came to her house and craved drink, and when
she refused he drew his sword and threatened her. Knowing his disposition
she gave him drink. He then went into a cellar against her will and drank
till the afternoon service was ended, and was so drunk that he did not know
what he did. The Session ordained him next Sunday to come to the kirk door
barefooted and in linen clothes, and to stand from the ringing of the second
to the third bell and thereafter to come to the place of public repentance
and repent publicly in presence of the congregation: all which was done.
There are no more notable entries until 1604, when in
September of that year it was reported that a number of young women, after
supper on Sunday, were found under stairs dancing,singing,and knocking upon
doors in various parts of the town. They appeared before the Session and
confessed that they profaned the Sabbath by lascivious singing and dancing,
for which they were sorry, and promised not to do it again. The Session
rebuked them and ordered the Magistrates to put them in ward ; and
intimation to be made publicly from the pulpit that no young women resort
and convene on the Sabbaths at even, or sing and dance in time coming, and
that the heads of families take heed to their children and servants that in
no manner of way do they profane the Sabbath.
Passing on to 1609 it is recorded that Andrew Johnstone
and his wife, James Jackson and his wife, David Jackson and Helen Hynd went
through the town disguised, with swords and staves, molesting and hurting
sundry persons. The Session ordered them to be put in ward. They were asked
why they went out disguised at ten and eleven p.m., with swords and staves.
They replied that after they had supped together on Tuesday they resolved to
go about the town for no evil purpose but merriness, and denied that they
molested anybody. It was found that Johnstone's wife had her hair hanging
down and a black hat on her head; her husband with a sword in his hand.
Jackson had a woman's cap and a woman's gown. The Session ordained them to
compeer next Sunday in linen clothes in the place of public repentance, and
then confess their offence and be rebuked in presence of the congregation as
dissolute and licentious persons. On 24th June, 1616, the Kirk Session
officer was ordered to have his red staff in the kirk on Sundays in order to
awaken sleepers and to remove "greeting" bairns furth of the kirk. In 1618
Isobel Garvie and Margaret Lamb appeared before the Session to answer if
they were at Huntingtower Well last Sunday, and if they drank thereof, and
what they left at it They drank thereof and each of them left a pin. It was
considered idolatry as putting the well in God's place. The form of their
censure was continued until those whom they named compeered with them.
On 3rd August 1617, Alexander Peebles, burgess of Perth,
appeared before the Session, taking exception to the doctrine of John
Guthrie, minister, for slandering him and his family of sorcery, and
consenting thereto by turning the riddle and uttering many outrageous
speeches. John Malcolm, minister, and the Session, certified in one voice
that the doctrine was general, and necessarily followed on his text, Esther
ii. 7. Guthrie desired them to desist from any censure of Peebles in respect
of the greatness of his misbehaviour. A few weeks afterwards Guthrie charged
Thomas Young with uttering speeches against him and his ministry, also that
he met him several times since on the causeway, and he would not do the
civil duty of salutation as became him towards his pastor; also as he was
coming to the Session, meeting him near the Kirk Vennel, Young in manner of
provocation to tempt his pastor passed by without using any kind of
reverence. The Session were highly offended that Young should have so far
disregarded his pastor, and ordained him to appear before them and undergo
condign censure for the said offence. On 18th October it is recorded that as
certain persons have been so bold as to come into the Session meetings
without leave asked or given, and their so doing has given offence,
therefore it was ordained that in future no one be admitted to the Session
meetings without first giving notice to the kirk officer. In January
following, John Guthrie refused to preach in Edinburgh in view of a vacancy
in the Church there. He was cited to appear before the High Commission in
Edinburgh to undergo censure for disobedience. The Town Council and Kirk
Session sent commissioners to explain that Guthrie's transference would be
to the great hurt and detriment of the Church in Perth. The Presbytery
ordained a letter to be sent to the Lords of the Commissioners showing them
how necessary it was that Guthrie should remain in Perth, and begging their
lordships not to insist upon it The Bishop of Dunkeld also made supplication
to the same effect We hear no more of this transference until at a Session
meeting on 12th June, 1621, John Guthrie, minister, declared that for a year
and a half he had been urged, with letters from His Majesty, and from the
Archbishop of St Andrews, and the Commissioners in Edinburgh, to go there
and be their minister. If he deferred longer to obey these letters, he
feared it would be hurtful to both him and the town, and he asked their
advice what to do. The Session replied that they objected to his
transference, and at this stage the matter appears to have dropped. On 25th
May, 1622, John Malcolm declared that he was greatly troubled in his mind
lest Satan prevail so far with Margaret Alexander, now deprived of her
reason, that she perish in the waters of the Tay, as she has attempted
several times to have done. She being among his congregation, it would be a
great sin and shame if they took not precautions to prevent Satan working in
her as far as they might It was concluded by the Session and such of the
Town Council as were present, that she should be put in the Halkerston Tower
and there kept close, and nourished on bread and small drink for a certain
space, until she is restored to reason. In July following, the Session were
informed that some honest men's wives haunt the house of Margaret Sadler at
certain times, to waste and spend at wine and gossiping. She was admonished
not to receive such women into her house in future, and not to disobey this
order under such penalty as the Session should inflict upon her. George
Dickson, having complained verbally to the Session that he was abused by
Francis Scott and James Thomson and their advocates, young professed knaves,
by casting their bonnets at him in the kirk, the Session ordered them to be
apprehended and punished. Thomson being apprehended and brought before the
Session for his insolence, was ordained to be taken to the Grammar School,
and there scourged with St Bartholomew's tawse for his offence.
On the 3rd December, 1621, notice was given that Janet
Watson held a house by herself, where she might give occasion for slander.
Therefore Patrick Pitcairn, elder, was ordained to admonish her in the
Session's name, either to marry or pass into service; otherwise she could
not be suffered to dwell by herself. In April following, John Fleming,
bailie, resolved with the Session what form of punishment should be enjoined
to John Keir's wife for putting violent hands on him and for wounding him on
the head with a pair of tongs. It was ordained that she on the next market
day pass barefooted, holding up the said tongs in her right hand above her
head through the streets of the town: all which this woman did.
Of the ministers of Perth from the Reformation up to
1688, nineteen in number, they all or nearly all conformed to the Episcopal
Church, and most of them were canonically ordained deacons and presbyters.
John Row was in connection with the Church of Rome.
{End of Session Records.)
THE KING AND THE PRESBYTERIAN CLERGY.
The King and the Presbyterian clergy were at this period
anything but friendly, and that feeling appears to have arisen from the
arbitrary position he took up regarding them and the doctrines they
preached, and from the facilities he afforded the Catholics, many of whom
were officers in the Royal household, and companions of the Queen. The
feeling between Presbyterians and Catholics was evidently growing keen, and
the first victim of resentment was David Black, minister of St Andrews, who
was summoned before the King and his Privy Council for "slanderous speeches"
contained in his sermons. Black defended himself, and declined to recognise
the authority of the King in spiritual matters. The King laid down four
conditions to be observed by the clergy:—(1) A limitation of the liberty of
speech in the pulpit on persons and affairs of State; (2) the General
Assembly of the Church not to be held without his authority; (3) his assent
to the acts of Assembly to be as necessary as for acts of Parliament; (4)
Synods, Presbyteries, Kirk Sessions, not to meddle with causes dealt with by
the laws of the land, but only with moral offences. These demands put an end
to all friendship between the King and clergy, as they struck at the very
root of Presbyterianism. The charges against Black were that he affirmed in
his sermons—(1) That the papist earls were returned to the realm by the
King's consent, whereby the treachery of the King's heart was detected; (2)
that all kings were the devil's children, the devil was in court, guiding
the court, and at the head of the court; (3) as regards the Queen, he said
in his prayer: "As for the Queen, we must also pray for her, for the sake of
fashion, but we have no cause to pray for her: she will never do us any good
"; (4) he called the Queen of England an atheist; (5) in one of his sermons
he called the Lords of Session miscreants and bribers, the nobility
degenerate, godless dissemblers and enemies to the kirk, His Majesty's
Council atheists of no religion; (6) he assembled various noblemen, barons,
and others, at St. Andrews, seditiously, to put themselves in arms, and to
divide themselves into bands of horsemen and footmen, usurping thereby the
King's authority. For these and other offences Black was sentenced to
imprisonment during the King's pleasure, and at his own expense. The Privy
Council on 1st January, 1597, ratified the following Acts: "That made at
Edinburgh on 13th December for stopping slanderous and seditious preaching
and clerical interference with affairs of State, and for preventing
preachers so culpable from again preaching." The Act of 22nd December
declaring the perpetrators of the attack on the King and nobility in the
Tolbooth of Edinburgh on 17th December to have been guilty of treason. The
Act requiring acknowledgment by the ministers of the King's jurisdiction
over them, especially with regard to seditious speeches in the pulpit or
elsewhere.
Black's sentence created great excitement, as it proved
the determination of the King to overpower the clergy. It was resolved to
discuss the matter with the King, Robert Bruce to be spokesman. The King
received them, listened to their observations, and abruptly rose and left
the court Their demands included the dismissal from court of excommunicated
papists, the removal of papists from the Privy Council, the revoking of all
acts and decisions for the past five weeks against the kirk. Before the
deputation arrived at Holyrood, the Privy Council resolved not to receive
them, but to commit them to custody if they tried to force themselves in.
Lord Ochiltree was sent out to smooth down matters, and so far succeeded
that the deputation dispersed; this was on the 17th December. On the 22nd,
the Privy Council met at Linlithgow, when the King ordained that the
barbarous attempt committed on 17th December on His Majesty and Council, who
were besieged within the Tolbooth of Edinburgh by the rascal multitude in
arms, instigated by certain seditious ministers and barons, was an act of
treason, and the perpetrators guilty of that crime. In respect of the
facility afforded to the ministers of Edinburgh (by their living within one
close), for making convocations and conspiracies, it was ordained that they
should not live together in a close in future, but in separate houses; the
King to possess the houses of the close lately occupied by them, and the
laigh Tolbooth, now called the Town Council House, to be set apart for the
Exchequer. The King was declared to have the power to order ministers to
preach or desist from preaching whenever he saw fit. The Magistrates and
Council of Edinburgh were declared to have been responsible for the uproar
of 17th December. Commission was given to the magistrates to try the
offenders and others suspected, with power to follow up the trial by
examination, imprisonment, torture, or in any other way, so that the result
could be delivered to his Majesty by 1st February in such form that justice
and equity may follow thereupon,
In 1597 the Provost, Magistrates and Town Council of
Edinburgh were charged to enter in ward in Perth on 1st February in order to
be tried for the treasonable proceedings of 17th December. The date of their
entry had been postponed to 1st March, on which day it had been declared
that it would be lawful for two of the Magistrates, the Dean of Guild, the
Treasurer, four of the Deacons of Crafts and four of the Council with their
clerk to enter themselves in ward within the burgh. These, consisting of
thirteen persons, having been cited, appeared personally, and produced a
procuratory given them by the magistrates of said burgh; which having been
read and considered, the King inquired if the thirteen were in Perth. It was
answered, "Yes," except William Maule, who was absent by dispensation from
the King. This was disallowed, and the Edinburgh Magistrates were declared
to have disobeyed the King, so that the appointed trial could not take
place. An order was therefore issued to denounce the Edinburgh Magistrates
and others as rebels, and to put them to the horn. Then came the apology:—
"The Provost, Magistrates, etc, of Edinburgh, regretting the great dishonour
done to the King by the tumultuous uproar of 17th December by a number of
wicked and seditious people, declared by the King and Secret Council to be
treason, which by the oversight of the magistrates was not so carefully and
timeously repressed and tried as the indignity of the case required, we, his
Majesty's most humble and obedient subjects, representing the said burgh, as
God and his Majesty knows, are altogether innocent and free of the said
tumult In order that all displeasure of his Majesty may be removed, and his
wonted good affection borne to us, we, the Provost, Magistrates, Council and
Deacons of Crafts, most humbly crave his Majesty's pardon for the negligence
and oversight of the Magistrates, and for the same shall satisfy his Majesty
at sight specially by the performing of the humble offers given in by us,
and as his Majesty shall enjoin us, for punishing of the said tumult" This
very humble apology, so craftily worded to please the King, must have caused
much chuckling in Edinburgh at the time. Evidently the King accepted it, for
we hear no more of the Edinburgh Magistrates being in ward in Perth.
In 1599 two of the Magistrates of Perth, for careless
administration, were fined in £68. The case consisted of a complaint
by James Stevenson of Edinburgh, who had instructed William Smyth, tailor,
to be cautioner for Christopher Laurence of Perth, that Laurence would pay
Robert Hewat £50 conform to letter of suspension raised by Laurence. At the
calling of the suspension, decreet was given against him, and Smyth his
cautioner was compelled to pay the sum. Smyth obtained decreet against
Stevenson, whereupon Stevenson raised an action against Laurence and
obtained decreet for £68, for non-payment of which Laurence had been put to
the horn. Then there were issued letters of caption against the Magistrates
for the apprehension and imprisonment of Laurence. He was imprisoned in the
Tolbooth, but instead of keeping him there till Stevenson had been paid,
they released him, so that by their default Stevenson was frustrated and
disappointed of payment The latter appeared personally, but Oliver Young and
Andrew Roy, Bailies of Perth, failing to appear, the Lords ordained them to
pay Stevenson the sum of £68. In January following, Andrew Roy
appealed to the Lords, pointing out that he was not a party either to the
imprisoning or releasing of Laurence, and that the bailie succeeding him
ought to be answerable for his own deed He would find caution if necessary.
The Lords gave judgment suspending the letters of horning, and the matter
dropped. Following on this there was a complaint by Thomas Taylor, flesher,
Perth, that having bought in November last thirty cattle from some of the
Earl of Mar's tenants, he was driving them to Perth when Robert Reid, Thomas
Dow, and Malcolm Reid of Tullymet, tenants of the Earl of Atholl, having
overtaken him at the Muir of Blair, violently took from him the said cattle,
together with his purse and 300 merks of gold and silver, carried him to
Tullymet, then to Dunkeld, where he was detained three nights in prison, and
could not get his liberty until he had found caution for 500 merks to answer
at the Earl's Court The said offenders not appearing and not having been
entered by the Earl, the King and Council ordained the Earl and them to be
denounced rebels.
On 13th July following, Thomas Blair, skipper in Dundee,
having on board his ship a chest of linen cloth uncustomed, William
Davidson, the depute, caused his servant, Arthur Neish, to traffic with this
cloth, as belonging to His Majesty, whereupon the skipper violently forced
the cloth from him. Again on 18th July, Davidson being in Perth, Thomas and
William Blair, merchants there, and David Blair in Scone, sought for him in
the Grass Market to kill him. Missing him there, they went to the house of a
burgess where Davidson was, and desired him if he was a good fellow to come
out with them to the Inch, where they would teach him a new form of exacting
custom; they desired William Hay, who was in company with Davidson, to
retire, otherwise he would regret it Afterwards the Blairs, learning that
Davidson was on his way to Dundee, followed him in order to take his life.
If such conduct remained unpunished the pursuers would get no man to serve
them. The Lords, who were appealed to by Davidson, assoilzied William and
David Blair because Davidson had failed to prove his case, and they excused
the non-appearance of Thomas Blair.
The following year a curious incident occurred on the
South Inch. A complaint was made by Sir George Home of Spott, and Thomas
Hamilton of Drumcairn, that Sir Harry Lindsay of Carston, who in respect of
his office in the Royal Household ought to be a good example to others, had
some days previously, accompanied by a dozen persons, gone to Perth in
search of Patrick Eviot, and on finding him on the South Inch shot ten or
twelve hagbutts or pistolets at him, so that if he had not escaped in a boat
he would have been killed. Both parties appearing before the Privy Council,
Lindsay confessed that some of his company shot at Eviot by his directions.
The Lords ordained him to be imprisoned in Edinburgh Castle during the
King's pleasure.
In 1599 a complaint was made by the inhabitants of the
Southgate of Perth. At the erection of the burgh into a free Royal Burgh,
the Magistrates and inhabitants willing by a civil and political form of
government to develop its prosperity and cause it to flourish in wealth,
appointed and ordained the Fish-market to be held in the Southgate opposite
Allareit Chapel as the most convenient place, which market was held there
for many years. About the year 1387 by the negligence of the Magistrates and
other troubles, the market had been removed to another part of the burgh.
The then inhabitants of Southgate, dissatisfied at the removal of the
market, that part of the burgh fell into decay and ruin. They therefore
appealed to the Earl of Fife, governor, and Great Chamberlain of the realm.
The Earl visited Perth, and, with the consent of the inhabitants, remitted
the matter to Lord Nicol of Erskine, William Elder of Dispensa, and Richard
of Stratheam; which noblemen ordained and decerned that all manner of
sea-fish brought to the burgh of Perth on horseback, should be sold in the
Southgate, as the books of the Town Council direct. Conform to this decreet,
the Fishmarket had been re-established in the South-gate, and held there
till about 1486, when, by the negligence of the Magistrates, it was removed
to another place. Complaint was then made to David, Earl of Crawford, Great
Chamberlain, and in a court held by him on 21st July, 1486, the matter was
referred to an assize chosen for the purpose, which assize unanimously
approved the Earl of Fife's ordinance. Accordingly the matter had been of
new set down in Southgate and kept there some time, when it was again
removed and set down at the Bridge. On account of the Southgate going to
ruin by the removal of the market, the Privy Council ordained Patrick Blair,
Patrick Grant, Constantin Malise, and Oliver Young, bailies of Perth, to
remove the Fish-market from the Bridge back to the Southgate, opposite
Allareit Chapel, or else to appear before the King and Council to show cause
to the contrary. The complainers appeared by Alexander Peebles, their
procurator, but the persons named failed to appear, and a peremptory order
was issued charging the bailies of Perth to remove the market conform to the
two acts registered in their books within three days after the charge, under
pain of rebellion.
Edinburgh was visited by the plague in 1606, in
consequence of which Parliament was ordered to sit at Perth on 1st July. The
nobles and barons were to be attended or escorted as follows: Each marquis
and earl by twenty-four persons, each lord by twelve, each great baron by
eight, and all others by their ordinary household train conform to the
statute, no one to presume under any pretence whatever to violate this
ordinance. The Privy Council, two days before this Parliament met, announced
by proclamation that the nature and dignity of the Court required modest,
peaceable and good behaviour on the part of those who repair thither, who
for the duty they owe their sovereign should lay aside all quarrels and
unite together for the furtherance of his Majesty's service. All dutiful
subjects were ordered to keep the time of this assembly inviolate. The Lords
of the Secret Council ordered all who repaired to this Parliament to conduct
themselves peaceably, and not to presume to prosecute others for old feuds
and new; nor to offer any occasion of offence to others under pain of death,
certifying that those who fail should be apprehended and the penalty of
death executed upon them without favour or mercy. The condition of Scotland
at that period was unsatisfactory under the weak and vacillating
administration of a government ruled over by a feeble and foolish monarch.
Such a proclamation under a wise ruler would never have been issued, and
there is reason to believe that unprincipled ministers and nobles who were
plentiful indulged in these forbidden pursuits and hoodwinked the King.
This seems to have been a record year for the town of
Perth. James, having made his Parliamentary arrangements, proceeded to give
his next attention to the Kirk; but nothing was to be allowed to divert
attention from the meeting of Parliament
After all these precautions, this Parliament was duly
held at Perth, and a brief description of it has been preserved. This was
the famous Red Parliament The reason for the name was the unusual blaze of
colour presented by the costumes of the nobility when Parliament assembled.
It was requested that, to distinguish the nobles from the "meaner and
inferior ranks," all dukes, marquises, and Earls should wear in Parliament
red crimson velvet robes lined with white armings and taffety; and all Lords
red scarlet robes lined after the same fashion. The procession which took
place was very imposing. It was ordained that the Commissioners of Burghs
two and two in rank march first; next to them the Commissioners of the
Barons two and two in rank on horseback; then the Abbots and Friars two and
two ; then the Lords ranked as ordained, the latest in creation to march
first; then the Bishops and Archbishops two and two in rank according to
their dignity; then the Earls ranked as ordained ; then the Commissioner and
the Marquises of Hamilton and Huntly. Balfour informs us that this
Parliament was presided over by John, Earl of Montrose, Commissioner to the
King, and that an act was passed confirming the privileges possessed by the
town, specially those under the Great Seal of 1600 after the Gowrie
Conspiracy; and the right of patronage to the Vicarage of Perth. Another act
was passed in favour of David, Lord Scone, erecting the Abbey of Scone into
a temporal lordship. In respect of the King's debts a tax was authorised of
£4, on the one pound land, the same proportion to be paid by prelates
and burghs. This tax, which was a very oppressive one, and said to be double
of the greatest tax that ever was granted to any King of Scotland before,
was to be levied for four years. It was this tax that the King and the third
Earl of Gowrie quarrelled over. As a proof of the curious customs of the
time, this Parliament issued an order to the citizens prohibiting them from
salting salmon more than for their own use during the sittings. Orders were
given to provide a tun of wine, the half of which was to be given to
Montrose, the Commissioner, and the other half to the Earl of Dunbar.
The General Assembly of the Kirk had been appointed for
Dundee, was transferred to Perth by order of the Privy Council, but ordered
to be held in May, 1607, and the clergy were forbidden to resort or repair
to Dundee for holding Assembly under pain of rebellion, and if any disobey,
to be denounced as rebels. The Lords also commanded the Provost and
Magistrates of Dundee that they suffer not the Assembly to be held there,
otherwise they will have to answer his Majesty and the Privy Council on
their obedience at their highest peril.
The Lords of the Privy Council ordered at this date
George, Master of Winton, and Sir Alexander Seton, his brother, to appear
personally before them at Perth, to answer for their riotous conduct on the
High Street of Perth on 1st July, in a scuffle with the Earl of Glencairn
and his friends. John Mather, servant of Glencairn, was killed. This was a
violation of the proclamation made for the quiet and peace of Parliament and
was contempt of the King's authority. The scuffle occurred on the opening
day of Parliament and was the result of a feud between those two houses. The
Setons were nephews of Lord Chancellor Dunfermline. One night after supper
they encountered Glencairn and his retainers on their way to Eglinton's
lodging. The leaders were in the act of passing each other at a convenient
distance when some mischievous servants in the rear drew their swords and
raised a commotion, which was only quieted by the intervention of the town's
men and the King's guard, and resulted in the hurting of very few excepting
a servant of Glencairn, who was mortally wounded. The Chancellor was so
annoyed at this affair, that he refused to see his nephews, and resolved to
have the matter investigated. At the diet for examination the Setons failed
to appear, were denounced as rebels and put to the horn.
There was a duty or custom leviable at this period on all
passengers and goods passing between Perth and Bridge of Earn. This was in
all probability connected with the maintenance of the Bridge, but it was
strongly objected to by the laird of Moncrieffe, Sir William Moncrieffe. His
objections succeeded, for he obtained relief from the payment of this
impost, as will be seen from the following agreement granted by the
Magistrates and Council:—
Notwithstanding the Act for uplifting the duty it shall
not be prejudicial to William Moncrieffe of Moncrieffe, his heirs and
successors, men tenants or servants; nor to Sir John Moncrieffe, his
brother, nor to any of the surname of Moncrieffe so that they shall pass and
repass freely without payment of duty.
In the year 1607, we have the records of some
extraordinary proceedings in the ecclesiastical courts. The subject of
debate was what is known as the "Constant Moderator." This was an order of
the King to presbyteries to appoint such an official, who was to be chosen
from the Moderators of the Synod, and when once appointed was to hold office
ad vitam aut culpam. This was regarded as a tyrannical ordinance of
the King, and as the clergy were not consulted they made up their minds to
disregard it The record informs us that it was ordained by the King and his
Privy Council that Alexander Lindsay, being nominated and appointed by the
General Assembly held at Linlithgow (not admitted by the clergy), is
declared to be the Constant Moderator of the Presbytery of Perth, and the
ministers of that Presbytery have received and admitted Alexander Lindsay to
this office, and he has accepted the same. Nevertheless, the Lords of the
Secret Council had been informed that the Synod had instructed the
Presbytery of Perth to discharge Lindsay from the office and to nominate
another, whereby it was said they had usurped great authority. . . . . They
had disobeyed his Majesty, and given an example to other presbyteries to do
the same. The Lords ordained the Presbytery of Perth to acknowledge and obey
Alexander Lindsay in all things concerning the moderatorship, and to concur
and convene with him weekly at their ordinary meeting-place, and not to
presume or take upon themselves to make any other nomination, or to
discharge Lindsay, under pain of rebellion; and to prohibit the other
ministers of the Presbytery from accepting the moderatorship. The clergy
resented this arbitrary dictatorship, and so far from obeying the King, they
were more determined than ever to have nothing to do with the "Constant
Moderator." These proceedings, which were of a very exciting nature, have
been recorded, and we will proceed to give a brief summary of them on
account of the great interest which they have afforded to posterity. The
Synod met on 8th April in St. John's Church, William Ross, Moderator. Lord
Scone presented his commission, but the Synod refused to hear it read They
were referred to the meeting at Linlithgow in December. The Synod craved a
sight of the report of it, but it could not be found. Several members
declared they were at the Linlithgow meeting, but heard nothing
about the "Constant Moderator."
Lord Scone would not allow them to proceed. They
entreated him not to disturb the meetings of God's servants, nor bring such
a scandal on the country and himself. He persisted in using menacing
language,
The Synod requested him to take advice, and dissolved the
meeting. Next day, on the assembling of the Synod, Lord Scone appeared, and
intimated that he would discharge the Synod, as he had the power to do so.
His commission from the King was then read, ordaining that they should do
nothing contrary to the King's intention, and that what was done at
Linlithgow should be obeyed. He was reminded that his commission carried no
authority to dissolve the Synod. The question was then put whether they
should proceed to elect their moderator as formerly, or according to the new
Linlithgow act. It was resolved that they should keep to the old form. At
this, Lord Scone, according to the record, exclaimed that the Magistrates
must remove them. They charged him, in the name of the Lord Jesus Christ, by
whose authority they were convened, not to trouble the meeting. But he
responded: "There is no Jesus Christ here." Calderwood's version is: "The
devil a Jesus is here." The Moderator exclaimed: "Cease, my lord, we will
not be prevented by violence from the doing of our office under the Lord
Jesus Christ." The new Moderator was then chosen, Mr. Henry Livingston, whom
Lord Scone pressed to put out of the chair, sitting down in it himself, and
preventing Livingston occupying it. Livingston answered that he was chosen
thereto by a greater than he, even the voice of Christ's Kirk, which was
Christ's own voice, and therefore he would obey Him. As for the chair, it
was to him indifferent; let his lordship keep it He would sit at the table
among his brethren. The Synod then engaged in prayer, but his lordship
disturbed them, endeavouring to overthrow the table upon them, and asked
that the Magistrates be sent for. Notwithstanding, they engaged in prayer,
and with great emotion continued it The Magistrates arrived on the scene,
and Lord Scone commanded them to ring the common bell and remove the rebels.
The Magistrates said they could not do so without the authority of the
Council, which they would go and convene, but they never returned. The Synod
proceeded according to order and removed the Presbytery of Perth furth for
trial. Lord Scone locked the door, and shut them out; but they, getting
access to a loft or gallery, signified to their brethren their presence from
that place. The Synod proceeded with the trial till nine p.m., appointing to
meet again in ten hours. Returning again at the expiry of that time, they
found all the doors shut. The Magistrates came and informed them that Lord
Scone had done so, and taken the keys with him against their will. They
therefore resolved to sit at the kirk door, where there was brought to them
boards, forms, and stools, and then with great complaisance, men regretting,
women weeping, and cursing the instruments of that disturbance of the clergy
in the execution of their office; being gravely and orderly set down
surrounded by a large audience, amid silence the meeting was opened with
prayer. The Synod instructed the Presbytery to cancel the appointment of
Alexander Lindsay as "Constant Moderator," and choose another as formerly;
the Synod at the same time disregarding an order from the King through Lord
Scone to nominate a " Constant Moderator" for Auchterarder Presbytery in
room of one lately deceased. A committee of four was appointed to wait on
the Privy Council, defend the proceedings of the Synod, and complain of Lord
Scone. The King, it would appear, meant that the "Constant Moderator" should
be applied to provincial Synods, the moderator of every Synod to be chosen
from among the " Constant Moderators " of the presbyteries of that Synod,
which according to him was settled by the undivulged act of the Linlithgow
Convention. These extraordinary proceedings created great excitement all
over the country, and the clergy were commended for the firm and determined
position they took up. The Privy Council were bound to take notice of the
matter, and on the nth June following issued an edict, in which they said,
after referring to the proceedings : Being more refractory than before, the
King's commissioners were forced to execute charges of horning against them.
At the Synod meeting on 8th April, and after the ordinary sermon by William
Cooper, which ended about nine a.m., Lord Scone directed Henry Elder, town
clerk of Perth to William Ross, who as Moderator of preceding Synod was to
preach the sermon to the Assembly, to entreat him in the King's name to
behave himself modestly in his sermon, and to say nothing that would
distract his brethren or compromise their votes or opinions. Nevertheless
William Ross behaved himself very seditiously in this sermon, and stirred up
his brethren not to obey the orders of the commissioner. His sermon ended at
two p.m. having begun at ten a.m. The brethren retired for refreshment, to
meet again at three. They, however, privately agreed to meet at 2.30, so as
to steal a march on the Commissioner, and with more than ordinary speed
proceeded to nominate their Moderator. They elected Livingston, and Lindsay
protested. The Lords immediately prohibited the Presbytery from choosing
anyone but Lindsay. Next Presbytery day Lindsay, accompanied by the Bishop
of Dunblane and the ministers of Abernethy and Kinnoull, met in the kirk,
but none of the Presbytery convened with them. Some remained in sundry
corners of the kirk, others returned to their homes. The Commissioner,
seeing this, ordered the Presbytery to meet; but the members disobeyed, took
instruments, and protested. The Commissioner also took instruments upon
their disobedience, whereby the ministers, in his opinion, had
contemptuously behaved themselves in all their proceedings in this their
pretended Synod, for which they ought to be punished in their persons and
goods, as an example to others. On the representation of the Lord Advocate,
the Lords of the Privy Council ordained William Ross to be imprisoned within
the Castle of Blackness, there to remain at his own expense until released
by the King, and ordained letters of horning to be directed against him.
Henry Livingston for his accepting the moderatorship against the command of
the King's Commissioner, because he declared his ignorance, etc., to be
imprisoned within the bounds of his own parish of Stirling, and prohibited
from preaching in any place but his own kirk, or from attending the
Presbytery or Synod during the King's pleasure.
This incident, which was an attempt to foist Episcopacy
on Presbyterian ministers, showed that the King's proposal was arrogant and
impracticable, and the punishment of the two ministers, especially that of
William Ross, was a tryannical and indefensible act In October following
more trouble occurred. The Magistrates of Perth and the friends of the Lord
of Lindores quarrelled, and caused some slaughter and bloodshed on either
side. The Lords of the Privy Council ordained the Magistrates, also the
Magistrates of the previous year, and Patrick, Lord of Lindores, and James
Leslie, etc, his servants, to appear before them on 5th November following,
to answer for the misrule and insolence committed by them, and
meantime to find caution, either party in 10,000 merks, to keep the peace.
At the same time we are informed that John, Earl of Tullibardine, charged
himself in 10,000 merks, that David, Lord Scone, Provost, James Drummond,
Gavin Dalziel, Patrick Anderson, and William Williamson, bailies, and the
Provost, Dalziel, Robert Mathew, Andrew Arnot, and Gabriel Mercer, bailies
the preceding year, should keep the peace till 5th November, and not molest
the other party. This bond is subscribed at Perth 28th October, before
William Murray of Drumsyre, John Pitcairn, Colin Ramsay, and Patrick Bryson,
writer in Perth; Henry Elder, clerk, subscribing for Gabriel Mercer. It is
evident from this that the two sets of Magistrates had quarrelled among
themselves, and the Privy Council were appealed to, to restore peace.