pretty clearly manifest the
strong feelings of the King in the matter of Episcopacy, of which he was now
the champion. The Presbyterian clergy, however, maintained their position,
and the King was obliged to recognise the fact that they were not to be
concussed on this subject Nothing could be more unreasonable than the
procedure of the King; and the imprisonment of those who differed from him
was without excuse. Among the cases of this nature, that of the unfortunate
Earl of Errol calls forth sympathy. He refused to be converted to
Episcopacy, and was ordered to be imprisoned in the Tolbooth of Perth.
In an edict of the Privy Council of 21st May, 1608, we
are referred to the non-fulfilment of the Act of the General Assembly at
Linlithgow of December, 1606, ordaining the Earl of Errol to be confined in
the burgh of Perth because he had not returned to the true faith—one of the
causes, it was alleged, of the great increase of papacy in this kingdom. The
earl was ordained within ten days of the charge to enter the burgh of Perth,
and not depart therefrom without the King's authority. The earl obeyed this
request, and in September following sent a petition to the Privy Council
giving intimation thereof; but the town being visited by the plague, a great
many houses were affected, many of the inhabitants went away for safety, and
the earl therefore desired that his place of imprisonment be changed. The
Lords considered two certificates on behalf of the earl—one from Lindsay,
Bishop of Dunkeld, and one from the Magistrates of Perth—testifying to the
accuracy of the petition. The earl was removed from Perth to Errol, the
Lords declaring that the change would not be prejudicial to the proceedings
and censure of the Kirk and Presbytery against him.
It would appear from the Records that some strange crimes
were committed at this period. For example, in July, 1610, Laurence, Lord
Oliphant, accompanied by a number of his men, all armed with hagbutts and
pistolets, set upon Thomas Mitchell and John M'Ewen, tenants of Tullibardine,
in the public highway, wounded them, and took them as prisoners to Dupplin,
where he would have hanged them but for the interference of Sir John
Lindsay. Lord Oliphant then cast them into the Thieves' Hole at Dupplin, and
kept them there several days without meat, drink, or other necessaries.
After nine days he brought them, fettered and their hands bound behind their
backs, to Edinburgh. These men were free subjects, taken for no crime. Both
parties went to court The Lords found that Oliphant had violated the law in
so far as he had pistolets in his possession at the time libelled, and
ordained him to be imprisoned in Edinburgh till relieved. His defence was
that, foregathering with these men, and seeing them armed, he had
apprehended and imprisoned them in terms of the Act of Parliament of 1597.
The Lords, having further considered this defence, assoilzied Oliphant from
the charge.
In the same year James Murray, merchant, Perth, requested
authority from the Privy Council to summon the Magistrates of Perth, who had
been put to the horn in virtue of letters raised by him against them for a
debt of 500 merks, and for not warranting "skaithless keeping" of him at the
hands of Margaret Gow, relict of Oliver Young, burgess of Perth, anent the
payment to her of 260 merks and expenses. Nothing further was heard of this
matter.
In 1610, the office of gaoler of the Tolbooth of Perth
was vacant, an office that very probably would be difficult to fill on
account of the scarcity of applicants. The Town Council, however, had
evidently resolved to appoint George Lumsdail. In place of the Council
putting before him the terms and duties of his appointment, he put before
them the terms on which he would take it, in a regularly drawn-up missive.
This document is an ingenious production and worthy of being preserved as a
relic of old times. We give it, slightly condensed:—
"Be it ken'd by all men your present lovite, Mr. George
Lumsdail, messenger, of Lawers. The Town Council having accepted and
admitted me to be gaoler and keeper of their Tolbooth on caution to be found
by me for keeping the said authorities skaith-less of money, deed, or
occasional damage and expenses that they may incur in my default by
suffering persons to escape furth of the Tolbooth. I shall faithfully and
diligently, loyally and truly, discharge the duties of said office and be an
obedient servant to the authorities. Therefore to be bound and obliged and
by the tenor hereof as principal; and with me John Campbell of Fordel, Sir
James Campbell of Lawers, and David Coshach of Monzie-vaird, cautioners and
securities for me. Both parties bind and oblige themselves conjointly and
severally that I shall faithfully discharge the said office of gaoler in all
things, and shall keep and detain all warders and prisoners that are
committed for whatever sum of money, crime or occasion, and shall not suffer
any to escape nor pass furth of the said Tolbooth except by order of the
Magistrates. Should any escape in my default, I as principal, and my
cautioners above named, bind and oblige us conjointly and severally to
warrant, reserve, harmless and skaithless keep, the Provost and Magistrates
of all sums of money, actions of damages, and expenses that they shall
sustain or incur. And for their better relief to pay to the credit of the
persons warded such sums of money as they shall happen to have furth of the
said ward unsatisfied and shall be resting owing, in the meantime, and for
which they have been warded or arrested, with expenses to the Magistrates
and Council which they may hereafter incur. I shall honestly and diligently
serve in the office of gaoler and be leal, true, diligent, and obedient to
the Magistrates, and shall not hear of their skaith in anyway but shall stop
it to the utmost of my power. Also that I shall have a sufficient book
marked according to the order of the Town Clerk, and that the booking and
deleting of all persons named shall be done by the Clerk. And if I am
deprived or demit the office of gaoler by any fault of mine meriting
dismissal in that case I will demit and renounce the same in favour of the
Provost and Magistrates, and deliver to them the keys and lock of the
Tolbooth, and I and my cautioners will ratify and renew their parts in most
ample form of security to the said authorities. In case of necessary
registration and raising of loots hereupon in default of us, the said
principals and cautioners, we oblige ourselves to pay to the said
authorities the sum of £100 good and usual money of Scotland, and that
without prejudice of their relief foresaid and the execution hereof, in
fulfilling these presents, and I, George Lumsdail, bind and oblige me and my
foresaids to warrant, relieve and skaithless keep my cautioners out of all
damage, danger, interest or expense they may incur. Should any of them
become irresponsible I bind and oblige myself to find new and sufficient
cautioners bound by special bond to warrant the said authorities conform to
warrandice above expressed. ... If any of the persons committed shall break
through the walls, roof, or windows of the Tolbooth, and shall burn or by
violence break the door thereof, it shall not be put to my default or
negligence. And for better security we, both principal and cautioners, are
content, and consent that these presents be inserted and registered in the
books of Council and Session, Sheriff or Burgh Court Books of Perth, or in
any other judge's books competent within the realm of Scotland to have the
strength of the act and decreet of other of the judges thereof. In witness
whereof, etc."
We hear nothing more of this elaborate paper. Evidently
the master of the Tolbooth was a man of importance in these times, and got
his own way.
In 1610 an ordinance, interesting and important to the
town, was passed by the authorities at Edinburgh. This was the question of
robes for the Provost and Magistrates. In support of the change, it was
stated that though the promiscuous wearing of apparel might not convey an
impression of negligence to the spectator, it was desirable that the Provost
and Magistrates should be clothed in decent and comely apparel, suiting the
gravity of their office. It was therefore ordained that in Edinburgh, St
Johnstoun, and other places, the Magistrates should wear gowns of red
scarlet cloth, with furs suitable, on Sundays and all other solemn days, and
opening days of Parliament This practice is still in force—one, moreover,
that is generally approved—and it materially adds to the dignity of the
office. An incident of a peculiar nature occurred in 1611. There were two
men in the burgh of the name of William Blair. The one, called Dutch
William, conceived malice against the other, and violently attacked him, the
complainer, at the South Inch port Dutch William came off second best, and
the Magistrates put the complainer in the Tolbooth. The defender was hurt by
a boy, not by the complainer at all. Charge was given the Magistrates to
enter the complainer to answer the premises. The Lords, in respect that the
Magistrates had not entered the complainer conform to the charge given them,
ordained the Provost and Magistrates to be denounced rebels, but superseded
the execution of horning for six days, with intimation that if they entered
complainer by that time there would be no further proceedings against them.
The treatment of this matter may have been conform to the laws of the time,
but it is difficult to regard it in any other than a ridiculous light The
Magistrates may have been wrong in what they did, but to denounce them as
rebels was not warrantable in the circumstances. The case came before the
Court a few days afterwards, when David Sibbald, one of the Magistrates,
appeared. The magistrates were exonerated, and Sibbald ordered to convey
Blair, the complainer, to Edinburgh, and deliver him to the constable
thereof for assaulting "Dutch William."
The price of labour at this period became a serious
question, and from all that can be learned from the history of the time,
both money and provisions were scarce. The matter would seem to have been
taken up by the Justices of the Peace, and they issued the following paper,
which, in the circumstances, must have been of great importance to the
inhabitants. It has all the appearance of a well considered, well matured
ordinance. The Justices met at Perth and ordained the following rates:—
One holder of a plough, one thresher in a barn, one
driver of a horse with any carriage, for fee and bounty, yearly £12. Each
woman servant each half year £3. Each horse boy, yearly, £5
6s. 8d.. with four ells of grey cloth allenarly. Each workman daily, with
his food, two shillings, without food, five shillings. Each cook, baxter or
breuster, the barons or gentlemen, earls' and lords' servants, yearly, £12,
and the cook's foreman, yearly, £6. If any of the lieges contravene
or give more wages, they shall pay £20 of a fine. If any of the said
servants refuse to work for the said wages, they shall be apprehended and
imprisoned and further punished at the discretion of the Justices. If any
servant be already paid greater fees they shall at next term take no more
fees than above specified under the said penalties. Servants breaking from
their masters within terms shall be put in prison, and shall give security
for damage. It shall not be lawful for a field servant or cottar to leave
his master's service, nor for any person to fee him or accept of him in any
manner of way unless he warn his master forty days before the term, so that
he provide himself with another servant in due time, and the servant who is
to leave his old master for the new shall receive his old master's
testimonial of good service, or a testimonial from the Justice of the Peace
of the parish, or if there be no Justice, a testimonial from the minister of
the parish and two of the elders thereof. All servants being lawfully fee'd
shall enter their new place of service within eight days after the term. All
men and women servants repairing to cottar's houses and not clad (supplied)
with masters, shall be holden in all time coming as strong and idle
vagabonds, and the Acts of Parliament made anent such persons, beggars and
gipsies, shall be put in execution, and the cottars and resetters of these
punished accordingly, No shoemaker to take a higher price for the inch of
double soled shoes, cork shoes or any work of that sort than eighteen pence
within the thread; and for the inch of single soled shoes within the waits
twelve pence ; and for the inch of thick shoes within the sewing of eight
inches of leather ten pence; and for the pair of double soled boots £4;
under penalty of £5 so oft as they fail, and their stock to be
confiscated and put to the use of the justiciary and constables. No webster
shall make any kind of cloth, linen or woollen to sell, but so much only as
shall serve himself and household, and that he buy no more wool, lint or
yarn, but so much as may serve himself. In case he has not sheep of his own,
the neighbours next adjacent to him will testify to the same on oath under
the penalty of £5.
In 1612 another class of crime appears on the Record.
Patrick Blair of Ardblair being a frequent bearer, wearer, and shooter with
hagbutts and "lang guns," Patrick Butter of Gormac, one of the Justices, had
taken the trouble to reason with Blair on his unlawful conduct and persuade
him to stop it This failing, Butter handed Blair over to the bench, and when
summoned to the Quarter Sessions he disdainfully declined to appear. For
this he was outlawed, and directions given to the four nearest Justices to
try the case. He duly appeared before them, and they demanded why he refused
the first citation. He said the libel was full of lies, and with that he
drew the copy he had received out of his pocket, and in a contemptuous
manner threw it down on the table, giving it a stroke with his fist saying
it was full of lies. To this Patrick Butter replied that if that copy were
full of lies, he would be content to underlie the punishment due to Blair if
he did not plead guilty; on which Blair gave Butter a number of lies, put
his hand on his sword in presence of the Justices and would have drawn it
had he not been stopped and put out of court This happening in the kirkyard
of Lundie, Blair assembled twenty or thirty of his followers, and in an
excited manner came into the kirk and resolved to make an attack on Butter,
but he was stopped. The case was referred to the Privy Council, George
Affleck of Balmanno, Convener of the Justices, appearing for the pursuers.
Blair was present and confessed his misbehaviour. The Lords ordained him to
be imprisoned in the Castle of Edinburgh at his own expense till his
Majesty's pleasure be known. On 18th September following, Blair appeared
before the Council and acknowledged the offence, craved pardon and offered
to give such satisfaction as the Council required. The Lords released him
from the Castle of Edinburgh, and ordained him to confess his fault in a
like manner before Patrick Butter and the Justices for Perthshire, and to
find caution for 3000 merks for keeping the peace with the Laird of Gormac.
The matter of local taxation occupies but a small place
in the annals of Perth, We have, however, a notable case in 1613, when the
Deacon of the Weavers complained that the Magistrates, through malice and
without just cause, and without warrant of law and custom, imposed such
taxes upon the Craft: as they were unable to pay. The Magistrates had
apprehended pursuers, and committed them to the Tolbooth, where the
Magistrates detained them and refused to liberate them. Complainers
appearing in person, and the defenders not appearing, the Lords ordered the
defenders, the Provost and bailies, to be denounced as rebels. The
Magistrates appealed to the Lords of Council and Session, and complained
that the Deacon of the Weavers had wrongously obtained a decreet against
them. The complainers stated that the difference standing between the town
and the Weavers, arising out of the latter's obstinacy and refusing to make
payment of their taxation lawfully imposed, had been referred by mutual
consent to arbitration. That the Magistrates did not appear was not because
of their contempt, but because of their not anticipating that these persons
would prosecute an action when it was to have been settled privately. The
Lords, in respect that the Weavers were now at liberty, suspended the
decreet
The lawlessness under James VI.
strikes with surprise all students of history. For example, there is an
offence recorded which was very common at that time. In 1613 a complaint was
made by David Sibbald, Dean of Guild, that on 10th July Thomas Lamb, armed
with sword, gauntlet, dirk, and other weapons, came at 7 p.m. to com-plainer's
gate, where complainer was standing in a peaceable manner. He struck
complainer violently on the breast and rushed him to the ground, pulled his
dirk, struck at him therewith, and would have slain him but for the help of
some people who saw it Afterwards, as complainer was walking along High
Street, Lamb again attacked him with his dirk, striking him several blows.
Lamb continued to threaten the complainer and take his life. The Lords, in
respect that the defender failed to appear, ordained him to be imprisoned in
the Tolbooth of Edinburgh within six days, or be denounced a rebel and put
to the horn. This is a case which illustrates the weakness of the local
Magistrates and their inability to preserve law and order in the burgh.
On account of the raids of the Clan Gregor, which at this
period appear to have been both serious and extensive, an important trial of
the cause took place at Perth. The Commissioners of the Sheriffdom of Perth,
who held the court, met in the Tolbooth. For reset and supporting the Clan
Gregor in these raids, a large number of persons, upwards of 400, were at
this trial decerned to pay heavy fines. It created great excitement and
appears to have served its purpose, for these raids were not afterwards very
numerous. It would appear from the transactions of 1614 that the town,
having mortgaged their common good for 40,000 merks, and having no means of
repaying the same but by selling a nineteen year tack of some part of it to
some of their own townsmen, the Lords of the Privy Council, on the
Corporation asking them, gave their consent to the proposal In the following
year a very curious proclamation was issued on the subject of the unusual
scarcity of eggs. Some of the lieges evidently were carrying on a great
trade in exporting eggs, and the result was that the citizens were unable to
get a sufficient supply. The proclamation said:—
Forasmuch as among the many abuses which the iniquity of
time and the love of filthy lucre and gain have produced in this
commonwealth, there has of late been observed an unlawful and pernicious
trade of transporting eggs furth of the Kingdom by certain avaricious and
ungodly persons void of modesty and discretion, who, preferring their own
interest to the common weal, have by themselves, their servants or agents,
travelled over the country buying up the whole eggs that they can get, and
exporting them at their convenience. Not only has there been a great
scarcity of eggs for sometime past, but the same are risen to extraordinary
prices. If this trade be allowed to continue, there will in a short time be
neither eggs nor poultry in the country. The Lords of the Secret Council
ordain His Majesty's lieges, merchants, skippers and owners of ships, by
proclamation at all places needful that none of them either carry or
transport any eggs furth of this Kingdom under any pretence, under a penalty
of £100 besides punishment of them in their persons at the sight and
discretion of the Lords, certifying if they fail the punishment shall be
inflicted without favour.
This proclamation had a salutary effect.
About this period the Town Council and Kirk Session began
to have an annual meeting to fix the prices which their tenants were to pay
for the bolls of bere which grew on the Blackfriars and Charterhouse crofts.
In 1621 and 1622 there was great scarcity of corn throughout the kingdom,
caused by the bad harvests and the inundation of the river. This was the
remarkable flood of 1621. The prices of victual, as recorded in a MS. volume
in the possession of the Perth Literary and Antiquarian Society, appear to
have been as follows: In 1525, oatmeal, 8s. 10d.; in 1557, wheat 7s. 3d.,
oats 4s.; in 1578, wheat and bere each 4s. 2d.; in 1612, victual sold after
Michaelmas, 16s. 8d.; in 1616, bere 10s.; in 1634, 15s.; in 1665, oatmeal
5s. 6d., bere 6s. 8d.; in 1685, oatmeal 6s. 1d., bere 7s. 9d. These prices
are per bolL A record of prices in the sixteenth and seventeenth centuries
has been preserved, and affords us useful information respecting the prices
of food at that time. The prices do not vary much, except when a serious
emergency arose, such as the flood of 1621, when prices advanced 100 per
cent
In the reign of James V., £1
sterling was equal to £3 Scots, and from 1544 to 1560 it was equal to £4
Scots. During the regency of Morton, 1574, the intrinsic value of the
money of Scotland was further lessened, so that £8 Scots became equal to £1
sterling. Methods were afterwards used for restoring it, but without effect.
It continued to diminish more and more till in 1597 £1 sterling was equal to
£10 Scots. Hence the conversion of victual, which was equal at first to £3
6s. 8d. sterling, came at last in 1601, to be of the value of £2
4s. 5d. In 1601, £1 sterling was equal to £12 Scots, which afterwards
continued to be the proportion between English and Scotch money.
In 1616 there was a characteristic petition presented to
the Provost and Magistrates by Patrick Murray, for the repair of the
Tolbooth:—
Unto your honorable wisdomes schaws your wisdomes
servant, Patrik Murray, That quhair the rowff of the foir tolbuith is very
ruinous both in the thak and cupillis, for sundrie of the backis off the
cupillis are fallin out and at the falling, and great hollis and sclapis in
the ruff, which if it be not speedily remedit will comme to uther ruin and
decay, and siclyk. Thair is great need of schakillis (shields) for the irons
and lokis thairto for sure keiping of the vardours that ar vardit for great
crimes. Heirfor it will pleis your wisdomes to cause the treasurer to repair
the premisses for eschewing off gretar inconwenienciss.
In 1617 there was a complaint by Gilbert Robertson,
skinner in Perth, that the bailies had conceived a deadly hatred against
him, because he had obtained letters of exemption against them and an
advocation against the Kirk Session of Perth anent a pretended action at the
instance of Margaret Johnstone against pursuer. For this they committed him
to the Tolbooth, where they kept him without the access of friends or the
supply of necessaries except at their discretion. Andrew Conqueror, one of
the bailies, appeared for the defenders and exhibited Robertson, and alleged
that pursuer had been lawfully imprisoned conform to two decreets against
him for not removing from a high "four chalmer" belonging to Conqueror, and
for not paying to John Lang, maltman, £6 16s. of principal and
expenses. He was committed by the Kirk Session for refusing to satisfy the
decreet against him for slandering Margaret Johnstone. Robertson replied
that he was willing to find caution, and the Lords ordered the Magistrates
to release him, but they assoilzied them from all responsibility for his
detention.
The matter of public holidays occupied some attention at
this date, and we find the King on 22nd January, 1618, intimating that there
should be a universal cessation throughout the kingdom from all kinds of
husbandry and hand labour at the holidays following:—
On Christmas day which was the day of the birth of
Christ: on Good Friday which was the day of his Passion: on Easter day which
was the day of his Resurrection: and on Ascension day and Whitsunday: to the
effect that his Majesty's subjects may the better attend the holy exercises
in the Kirk. His Majesty ordains proclamation to be made at the mercat
crosses of the chief burghs of the kingdom, certifying all and sundry who
shall contravene that they shall be punished as rebellious subjects; enemies
of the King and his authority.
On 12th August, 1618, Patrick Ross, messenger, and Andrew
Johnston, burgess, of Perth, with armed accomplices went about 8 p.m. to
John Robertson's working booth, and committed an assault on Robertson and
his wife. At 10 p.m. they went to Robertson's house and searched for them.
As they departed, they saw Robertson running up the stairs of James
Balneave's house. They pursued, and attacked him severely, so that he was
mutilated in three fingers of his left hand. He was taken to the surgeon to
have his wounds dressed. After his return, he was again assaulted by these
men in his own house. They broke open the door, and entered with drawn
swords. Robertson would have been slain but for the assistance of
neighbours. He and Patrick Ross appeared before the Lords; the other
defenders not appearing, the Lords ordered them to be denounced as rebels.
We have no explanation why this assault was committed. The presence of a
messenger indicates that Robertson was owing money; but the messenger had no
right to do what he did, yet it is not recorded that the Lords were
displeased with his conduct A transaction of this kind was a grave
reflection on the burgh authorities, whose first duty should be to protect
the lives of the lieges, and punish severely those who take the law into
their own hands.
One of the most graphic incidents which occurred in Perth
in the reign of James VI. was the following, as
described in a petition, dated 21st January, 1618;—
Petition by the Kings Advocate, the Provost and Bailies of
Perth, and John Mathew, Balhousie.
On 1st December, being the public fair and market kept
within the burgh called Andrewmas Fair, an unseemly tumult was caused by
George Lundy, some time of Gorthie, Guthrie of Kincaldrum, George Graham,
son of the Laird of Claverhouse, and others, to the number of nine. They
having spent most part of the day in drunkeness issued from a tavern at
midnight, and with drawn swords cut down the whole market stands, which were
standing, and placed there for the merchants during the market John Mathew,
who had been at supper with Andrew Gray, Dean of Guild, and was returning
with his servant, a boy, to his own home, was overtaken by the said persons
and cruelly used. He and the boy would have been killed, but providentially
the common bell was rung, at the sound of which Andrew Conqueror, one of the
bailies, came furth of his bed to keep the peace. When he came to them he
declared he was one of the bailies, and therefore as representing his
Majesty, he commanded them to desist from further pursuing John Mathew and
disturbing the peace. They disdainfully disregarded his command, scornfully
crying out, "Lay to the carle, the bailie," and they cut his clothes in
several parts, tore his coat up the back, and with sticks gave him many
black and blue strokes; took from him his halbert and other weapons, and
made an open tumult all that night. The affray could not be settled until
the inhabitants rose out of their beds and came to the causeway in order to
assist the Magistrates in the settling of the tumult1
There is an unquestionable touch of humour about this
incident, but what followed on the petition is not recorded.
What is known in history as the Five Articles of Perth
created at this time and for years after very considerable excitement, and
not a little discussion. Feeling ran high, and the controversy became keen
and probably unreasonable. The General Assembly met at Perth on 25th August
of this year (1618) to discuss these Articles. It was attended by
archbishops, bishops, ministers, and a number of the nobility and gentry.
This was the last permitted General Assembly in Scotland till the memorable
one at Glasgow in 1638, which overturned these Articles. After the
presentation of the King's letter by Young, Dean of Winchester, the
Moderator, Archbishop Spottiswoode, rose, and stated that the Five Articles
were not his suggestion, as he considered them inexpedient at this
particular time. Yet they knew the anxiety of the King on this subject, and
warned the members of the consequences if the Articles were rejected. The
Moderator then nominated a number of the nobility and gentry, all the
bishops and thirty-seven doctors and ministers, as a privy conference, who
met in the afternoon to discuss these Articles. These Articles were:—1st,
Kneeling when receiving the Communion: 2nd, Administration of the Communion
to the sick, dying, or infirm persons, in their houses in cases of urgent
necessity: 3rd, The administration of baptism in private under similar
circumstances: 4th, The confirmation of the young by the bishop of the
diocese: 5th, The observance of the five great commemorations of the
Christian Church—the birth, passion, resurrection, ascension, and sending
down of the Holy Ghost On the following day the Assembly met at 8 a.m. and
the Articles were again debated. On the third and last day a sermon was
preached in St John's Church by Mr. Cowper, one of the local ministers, who
for supporting the King at the Gowrie Conspiracy was made Bishop of
Galloway. The vote was then taken, when the Five Articles were carried by a
large majority. On the 21st October they were ratified by the Privy Council,
and the King's proclamation authorising them was published at the Mercat
Cross of Edinburgh, The Articles were ordered to be read in all the parish
churches, and obedience to them enjoined. Several of the Presbyterian
ministers opposed them, and were fined or imprisoned, but the Perth
ministers agreed to them. Alexander Simpson and Andrew Duncan, ministers who
had protested against the Five Articles of Perth, were by order of his
Majesty's commissioners imprisoned in Dumbarton Castle, but were released on
10th October, 1621. The meeting of the Estates which sanctioned the Five
Articles (4th August, 1621) was called the Black Parliament, because of the
fearful tempest of rain that took place during its sittings, accompanied
with thunder and lightning and darkness. There was evidently a considerable
trade carried on in tobacco in Perth in the olden time, and as appears from
the following deliverance of the Privy Council, the people were grossly
taken advantage of by a few dealers who simply imposed on them:—
Though the King had forbidden the home-bringing and
selling of tobacco within this kingdom at any time after 31st March, 1617,
under pain of confiscation of the whole tobacco brought home and of the
price of what was sold, nevertheless the following persons have brought home
or sold quantities of tobacco (follow list of names), all merchants and
burgesses of Perth; each one of them ten stones of tobacco, sold by them at
16s. per ounce. The Lords find in terms of the defenders' oaths of verity
that Andrew Brown had bought two and a half pounds of tobacco, and sold it
at 6s. 8d. per ounce; Robert Murray had bought a quarter of a pound, and
sold it at same price; David Alexander had bought one pound, and sold it at
5s. per ounce; Charles Rollock had bought five pounds, and sold it at 16s.
per ounce; and James Simpson had bought eight pounds, and sold it at 12s.
per ounce. The Lords order the said sums to be confiscated to the King's
use. Six other traders who did not appear were found guilty of buying and
selling ten stones of tobacco at 16s. per ounce, and confiscation ordered
accordingly.
This ordinance was dated at Holyrood, 22nd July, 1619.
This by no means settled the question, as on 16th January, 1621, David Duff,
merchant, Perth, lodged a complaint with the Privy Council, objecting to
being denounced a rebel at the instance of John, Earl of Mar, treasurer, for
not paying 16s. for every ounce of ten stones of tobacco imported and sold
by him. He was never lawfully charged to appear, and since the alleged time
of importing the tobacco, these men, John Anderson and others, had agreed
with Captain William Murray for themselves and him, so that the captain had
delivered to them the letters of horning for execution against complainer,
who compounded with them, and satisfied them in the matter. The Lords
granted suspension. Six months after this, Henry Kinross, advocate,
registered a bond of caution by Peter Stoup, merchant, Perth, that Robert
Paterson, merchant there, pay to John, Earl of Mar, treasurer, 16s. for
every ounce of two stones weight of tobacco, alleged to have been sold by
Paterson in terms of decreet of the Lords, at the instance of the King's
Advocate, dated 3rd November, 1618. The bond, which contained a clause of
relief, was dated at Perth 9th July, 1621, and witnessed by Andrew Ross, son
of John Ross, of Craigie, and George Scott, Kinfauns.
PERTH AND DUNKELD. In the matter of the jurisdiction of
the Dean of Guild Court, Perth, a misunderstanding arose between the
authorities of the two burghs, and there was issued an extract decreet by
the Lords of Council in favour of the town of Perth against forestalled of
the city of Dunkeld, dated 6th March, 1619:—
In an action by Thomas Robertson and others, citizens of
Dunkeld, and Thomas Young and John Patton in Fungert against Andrew Gray,
Dean of Guild of Perth, narrating that they have lately been charged by a
precept from the said Dean of Guild and William Merser, procurator fiscal,
to compeer and answer to a charge of being forestallers of all sorts of
victual, hides, skins, wool, horses, other goods within the bounds of the
sheriffdom of Perth and freedom of the burgh, and that the Dean and his
council intend to proceed against them, although they are not competent
judges to the complainers; because (1) They reside in Dunkeld, which is
out-with their jurisdiction. (2) Dunkeld is of old erected into a free burgh
of barony with the privilege of four public fairs yearly and a weekly
market; where all the lieges may buy and sell all kinds of wares and
merchandise. If the defenders desire to impugn their title hereto (which can
only be done before the Lords of Council and Session) the pursuers offer to
prove that the Bishop of Dunkeld has been in use to punish forestallers
within his bounds. (3) The act of Parliament ordains that forestallers
within the freedom of any burgh may be punished by the officers of that
burgh, and that otherwise they have no jurisdiction over such persons. Yet
in this case the Dean of Guild cites persons who dwell in another burgh. (1)
The pursuers are cited by the Sheriff's precept to appear before the Dean of
Guild, which is improper. Therefore this action should be removed from the
Dean of Guild and his council to the Lords of Council and dealt with by
them. Parties having been cited, the pursuers produced an old charter (which
is given at length and of which the following is the purport): Robert, by
the grace of God, King of Scots, grants to the church of Dunkeld, and John,
Bishop of Dunkeld, his chancellor, in name of the said church and his
successors for ever, all right which the King has or can have in the lands
which formerly belonged to the church of Dunkeld, seeing that the said lands
were in times past alienated from the church without the consent of the king
or his predecessors, and still remain in the hands of others, and the king
hereby commands all persons interested to give effect to this grant, and
answer and obey the said church in respect of these lands. There was also
produced a charter by King James the Fourth, ratifying all ancient
privileges and liberties granted by his predecessor to the Bishop of Dunkeld
and burgh of Dunkeld, and of new erecting Dunkeld into a free city and
burgh, with the privilege of a market cross, public markets every Thursday,
and public fairs on the feast of St. Columba, and with as ample privileges
as are possessed by the burgh of any prelate within the kingdom, and with
power to the Bishops of Dunkeld to apprehend, try, and administer justice
upon all thieves, sorners, and rebels at the horn within their jurisdiction,
and employ the profits thereof to their own use. This charter was granted
under the Great Seal at Edinburgh, nth June, 1513. Further, they produced an
Act of Parliament made at Perth on 11th July, 1606, whereby the estates
confirmed to Peter, Bishop of Dunkeld, and the citizens of Dunkeld all their
privileges. The defenders replied as follows: 1. Their first reason of
advocation being founded upon a declarator against the judge, ought to be
discussed before the Dean of Guild and the Sheriff Principal or his
deputies, and cannot competently be discussed here. 2. The summons was
directed by the sheriff to the pursuers to compear before the Dean of Guild;
and as the fines of all forestalled are by the gift of King Robert expressly
appointed for the repair and maintenance of the bridge of Tay, the Dean is
not seeking his own profit in this matter. 3. By the two several gifts of
King Robert to the burgh of Perth, full liberty was given to the burgh to
search for and apprehend all forestalled in any part of the sheriffdom, and
to confiscate the goods forestalled by them without license of any judge or
minister of law within the realm ; whereas there is no such liberty of
punishing forestallers in any of the two charters granted to the Bishop or
town of Dunkeld. 4. This matter could only be tried by the burgh of Perth,
and not by the Lords of Session, because it must be by a condign assize, 5.
The Act of Parliament ratifying the liberties of Dunkeld ratifies no power
of apprehending and punishing forestalled within their city and burgh, and
is therefore relevant The defenders for verification of these allegations
produced the two charters to the burgh of Perth by King Robert by the first
of which he gave " full and free power and licence to the committee,
burgesses, and, brethir of gild of the burgh of Perth" to arrest all
forestalled anywhere within the sheriffdom of Perth, or their liberty, and
confiscate their goods, which goods are disponed by His Majesty for the
maintenance of the bridge of Perth. This charter bears date 28th February,
1387; and the second charter which is dated 10th May, 1597, is to the same
effect The Lords, in respect of these defences, remitted the action of
forestalling to the Dean of Guild of Perth with consent of the sheriff
principal, and ordained the Dean and Sheriff to proceed and administer
justice in the matter as they will answer to the King's Majesty upon the
execution of their office, and that notwithstanding the reasons of
suspension adduced.
In October, 1619, the town of Dundee had no executioner,
and the Provost and Magistrates advised the Privy Council that they had been
for some time without one; so that when any criminal was convicted and
condemned to death, the Magistrates were put to great trouble before they
could get an executioner to carry out the sentence. They said that John
Gibson, who had stolen forty-five sheep, and who was committed to the
Tolbooth of Dundee, had offered himself for the post to save his life. They
were willing to accept him, and desired a warrant relieving them of
responsibility for dispensing with his punishment, and exonerating them from
blame should he escape from them if, when executioner, he should at any time
break away from the Magistrates and leave the said office. The Lords passed
an Act in terms of the petition, providing always that John Gibson attends
and waits on the office aforesaid all the days of his life, on pain of
reapprehension and death.
In municipal matters, a point of some importance was
raised by the Privy Council in 1619. This was the question of persons
nominated to the provostship being burgesses. The Privy Council disapproved
of non-burgesses being elected, and ordained that none should be chosen to
be provost of any burgh, but burgesses actually dwelling therein, having
trade and business within the same as the Act of Parliament bears.
Notwithstanding this, David, Lord Scone, was chosen provost of Perth for
that year; Alexander, Lord Livingstone, provost of Linlithgow, and Ogilvie
of Banff for the burgh of Banff, which persons accepted the office in
contempt of the law and disregard of his Majesty's authority. The Lords of
Secret Council ordained these three persons and the Magistrates of the said
burghs to appear before them to answer for the violation of the Act of
Parliament, and thereafter to hear and see the nomination and election of
the persons foresaid to be null; and the Magistrates of these burghs and
others having votes in the election of provost decerned to make a new
election conform to Act of Parliament under pain of rebellion, etc. From
this date only burgesses could be elected chief magistrate.
The lawless condition of Perth in the seventeenth century
gave rise to a good deal of crime, the following specimen of which is
preserved in the public
records. The expression "Thieves' Hole" is one
that is rarely used, and doubtless was part of the Tolbooth of Perth. The
Lords of the Privy Council having seen the deposition of Henry Miller,
tailor, by which he was concerned in the abduction of Elizabeth Henderson,
daughter of Andrew Henderson, formerly chamberlain at Scone, committed by
William Stewart and others: the Lords find that Miller has committed a
detestable offence deserving severe punishment They order the Provost and
Magistrates of Perth to commit Miller to ward in their thieves' hole, and to
keep him in irons, fed on bread and water, till they give further
instructions. In this lawless transaction several persons were concerned.
These were William Stewart of Kinnaird and William Stewart, his son, Hugh
Stewart, also Thomas and John Stewart, Tullymet, and Duncan Craig, Patrick
Fleming, and Henry Cunnison, servants to William Stewart, also David
M'Taggart, Boat of Kinnaird. These persons learning that Agnes Rae had gone
to Edinburgh on her lawful affairs, and had left her daughter with other
children and servants in her house in Perth, came to the house armed between
8 and 9 p.m., forcibly broke open the door, and entered the house, where
were only children and two female servants, and carried off one of
them—Elizabeth Henderson. They retained her in their keeping, intending to
compel her to surrender her estate, and otherwise to abuse her if she
refused. Agnes Rae appeared personally before the Lords for herself and
daughter; and Thomas, Hugh, and John Stewart also appeared. The Lords, in
February, 1620, ordered the defenders who were absent to be denounced as
rebels. On 9th March following a commission was issued to the Captain and
lieutenant of the King's Guard with consent of the Sheriff and the Provost
and Magistrates of Perth to apprehend and present before the Lords William
Stewart and his son, Craig, Fleming, Cunnison, M'Taggart and servants, who
were denounced rebels for their failure to appear and answer the complaint.
On 19th April following a commission was issued to David,
Lord Scone, and others to apprehend these persons. And on 27th July the
Lords ordained the lieges not to intercommune with these rebels, to furnish
them with nothing whatever during their rebellion, and charging sheriffs,
provosts, and magistrates to apprehend them wherever they could be found,
and bring them before the Privy Council, in order that they might be tried
and punished ; but we have no record of further proceedings.
It would appear that the old road from Perth to
Edinburgh, a road that was much frequented in old times by the inhabitants
of Perth, as they were daily travellers upon it,evident1y
got out of repair, and almost unfit for
use. At that time there was no arrangement for the upkeep of roads, and the
authorities had to meet emergencies as they best could. In 1621 a petition
was presented to the Privy Council by Michael Arnot and others, of Portmoak,
stating that this road at the east end of Lochleven, being a common road
between St Johnstoun and Edinburgh, is so worn and decayed that it has
become impassable for men and horses, so that merchants and others
travelling that way are frequently in danger of their lives and goods: some
have perished, and sundry horses and goods have been cast away, and if some
action be not taken to repair the road, all travelling between St Johnstoun
and the ferries would cease. They therefore made this overture to the Lords
of the Secret Council: that if the Lords would give them a warrant to
collect from each passenger and horse travelling the road the day following
at the four market or fair days of St. Johnstoun, viz., Palm Sunday,
Midsummer, St John in harvest, and St. Andrew in winter, two pence for each
footman, four pence for each horseman, eight days before the said fairs, and
eight days after the same, allenarly for the space of one year, they would
undertake to repair the road and make it suitable for traffic The Lords
found that the repair of the road was necessary, and that the overture was
the easiest way to effect that They granted full power and commission to the
petitioners to uplift the duties specified.
Highway robbery in the seventeenth century appears to
have been common in the neighbourhood of Perth. There is a notable instance
recorded. In March, 1622, William M'Intosh, accompanied by William and
Andrew M'Vean, foregathering with the complainer, Thomas M'Kay, of
Tullybelton, two mile west of Dunkeld, William M'Vean entreated him to
accompany him to Perth, which he did. When at Muirton, near Perth, M'Vean
began to quarrel with him, and would not allow him to go without
satisfaction. With that they put violent hands upon him, and after throwing
him to the ground, took from him his purse, containing 400 merks of gold and
silver, also his sword. The Lords found M'Intosh guilty of violence, and
ordered him to be imprisoned in the Tolbooth of Edinburgh within fifteen
days, under pain of horning.
In the eighteenth century smuggling was very common in
Scotland, particularly in the counties of Perth and Fife. The details that
are recorded are very few, but we are indebted to Dr. Hill Burton for
informing us that about 1720 the seaport towns dotting the coast of Fife
were the abodes of bands of daring smugglers, the representatives of the
race who, in the previous generation, had been buccaneers in the Indian
Seas. One of these, named Wilson, exasperated by frequent seizures and
penalties, laid a plan for retaliation by plundering the custom-house at
Pittenweem of Government money, and it was boldly executed with the aid of a
youth named Robertson. Both were caught, tried, and condemned to death; and
the Government being like themselves exasperated, their fate was pronounced
inevitable.
They were placed in the Tolbooth of Edinburgh, whence
they attemped to escape. Two horse-stealers in a floor above them, conniving
with the two smugglers, got steel saws and other instruments from
accomplices below. They were drawn up by a string, and enabled the
horse-stealers to cut the stanchions of their own cell. These men were
secured by night in the following way:—A great iron bar fifteen inches in
circumference crossed the cell from wall to wall. It was a usual custom, in
later times at least, for the prisoner to be fettered to such a bar by a
ring which enabled him to move along its length. In this instance, however,
the prisoners were linked to perpendicular bars, which supported the great
bar in the centre of the room. The arrangement made a weak point in the
complex mass of securities. The perpendicular bars passed through the
floors, and were tightened by fastenings in the cell below. The smugglers
were able to knock these away, a hole was made in the floor, and the five
prisoners became one party. They cut the iron stanchions of the window.
Whenever any noise, such as that of filing began, other prisoners, who were
in league with them, began vehement and loud singing of psalms. One of the
horse-stealers escaped; but Wilson, who attempted obstinately to follow, was
so bulky a man that he stuck fast in the opening, and rendered discovery
inevitable.
The fate of his companion lying far more heavily on his
conscience than the robbery of the customhouse, when attending the condemned
sermon according to wont in the Tolbooth Church, seizing his opportunity
when the congregation were departing, he sprang on the keepers like a tiger,
held two with his hands, and one with his teeth, and called to his companion
to run. Robertson struck the other keeper down, and mingling with the
departing worshippers, who did not care to interrupt such a fugitive,
escaped. Wilson's doom became, of course, doubly sure; but it was rumoured
that the interest attached to his fate had determined his desperate
companions to rescue him. His execution was fixed for the 14th of April,
1736, and precautions were taken to secure the peace of the town, not only
by the presence of the city guard, or municipal gendarmerie, at the place of
execution, but by the vicinity of a detachment of the Welsh Fusiliers. The
smuggling rendezvous at Perth was at Corsiehill, on the west shoulder of
Kinnoull Hill.