In his contest with
Edward III. of England the Steward had won. The southern parts of the
Lowlands were still in the hands of the English, but the rest of the
country had been cleared of their troops. In his intrigues to unite the
Scottish to the English crown, and, in the event of his failure, to
place his son Lionel upon the throne of Scotland, Edward, though
strongly supported by David II., had failed. All through, the Steward
had the support of the people, of the Church, of the Douglases, though
latterly the Knight of Liddesdale had turned traitor, and of a majority
of the nobles, who, though almost entirely of Norman extraction, had at
last identified themselves with the country in which they had settled.
The success of the Steward was also due to the assistance he had derived
from the old French alliance, and in a negative way to the fact that
Edward was so fully occupied with affairs in France, that he had neither
the means nor the leisure to prosecute his designs in respect to
Scotland with the energy success required. Edward was survived by his
rival, who lived long enough to hear of the battle of Otterburn, to see
his country entirely delivered from its enemies, and to leave it in the
enjoyment of peace.
To his tenants in
Renfrewshire, as well as to those of them on his other estates, the
accession of the Steward was an event of some moment. Instead of being
vassals of a vassal, they now held practically of the Crown.
During the long English
wars the estates of the Stewards had here and there been encroached
upon, and on December 10, 1404, with the view of preventing their
further dilapidation, and in order to protect his son in their
possession, Robert II. erected the barony of Renfrew, the earldom of
Carrick, the King’s Kyle, and his other estates, into a principality and
granted them in free regality to the Prince during his term of life.
Subsequently, the barony
of Renfrew was disjoined from the county of Lanark and erected into a
separate shire. The exact date at which this was done is not known.
According to Crawfurd, the date is 1404, but according to Chalmers, the
charter relied upon for this date does not allude to the barony having
been erected into a shire. Macfarlane of Macfarlane reports that in a
transumpt dated August 12, 1414, he found among the witnesses “ one
Dominus Finlayus Buntyr Yicecom. de Renfrew,” and this,
Chalmers remarks, “
affords sufficient evidence that Renfrew was a sheriffdom in 1414.” His
further remark, however, that it is highly probable that the
establishment was due to Robert III., who died in 1406, is untenable. In
a charter dated August 7, 1413, granted to Robert Cunningham by the Duke
of Albany, it is styled “the barony of Renfrew.” Assuming, therefore,
that Macfarlane is correct, the inference is that the erection of the
barony into a shire took place somewhere between August 7, 1413, and
August 12, 1414.
The High Steward
exercised jurisdiction over his barony by means of a baron-bailie, who
held courts, punished crimes, exacted fines, and referred disputes among
the tenants to his birleymen for adjudicature. The baron-bailie in 1361
was Sir John Stewart of Crookston, the predecessor of the Stewarts of
Darnley and Earls of Lennox. Under the baron-bailie was the steward, who
administered the revenues and managed the lands of the barony. In 1246,
under Alexander the High Steward, this office was held by Thomas de
Bosco. Under James the High Steward, who succeeded his father in 1283
and died in 1309, the steward, or seneschal, of the barony was Robert
Semple.
Like the date of the
erection of the barony into a sheriffdom, the date of the appointment of
the first sheriff is uncertain. There can be little doubt, however, that
the two events fell about the same time.
The first of the sheriffs
mentioned is John Semple of Eliotstoun. He is named Sheriff of Renfrew
in a charter granted by Rankyn of Fullarton, lord of Conly, under date
December 15, 1426. William, second Lord Semple, in 1531, sold the office
of sheriff of Renfrew within the parish and barony of Bathgate— a
detached portion of the shire—to James Hamilton of Fynnart, who was
confirmed in the office by James V.
The Semples of Eliotstoun
continued to be sheriffs of the county down to the year 1635, when Hugh,
fifth Lord Semple, resigned both the office of hereditary sheriff of the
county and the office of hereditary bailie of the regality of Paisley
into the hands of Charles I. In return, he was to receive from the King
3,000 acres in the first intended plantation in Connaught, in Ireland.
In the event of his not being sufficiently secured in this land, the
King undertook to repone him in the offices he had resigned. The
business had been negotiated by Bryce Semple of Cathcart, who, for his
service to the King “in the valuation of tithes and apprehending of one
who had committed a fowle murther,” was to receive 1,000 acres in
Connaught, and was appointed to the office his kinsman had resigned,
until Michaelmas, 1637. Neither he nor Hugh Lord Semple, received the
promised acres in Connaught. The sum of £5,000 to be paid out of the
Irish Exchequer was substituted for them. During the non-payment of this
sum, the offices were made hereditary in the Cathcart Semples, and in
December, 1647, Bryce Semple and his son James had transferred them to
Lord Ross of Hawkhead. Soon after this the offices appear to have been
conveyed back to Lord Semple, by whom they were transferred to Hugh Earl
of Eglinton. But, from the retour of Robert, seventh Lord Semple, in
1648, and from that of Hugh Earl of Eglinton, in 1661, the transfer, it
would appear, was not absolute, but redeemable. The first-mentioned
retour bears that the heritable offices still pertain to the Semple
family; in the second it is stated that they are held by the Earl of
Eglinton as security for the repayment of £5,000. This sum, it appears,
was never repaid, and the offices remained with the Eglintons till 1748,
when Lord Eglinton received £5,000 from the Government as compensation
for the extinction of the offices.
The sheriff, who, as need
hardly be said, was the permanent representative of the Crown, had his
deputies. Some of these appear to have been appointed temporarily or for
special purposes, while the other and more important class of these
officials received permanent appointments. Other officials were the
coroners and mayors and sergeants of fee. There were also the sheriff’s
clerks, the sheriff’s sergeant, and the officers of the sheriff.
In the reign of Queen
Mary, Robert Lord Semple, obtained a Commission of Justiciary over the
whole barony and sheriffdom of Renfrew, but, having abused his office by
cruelly oppressing Glen of Bar and his family, the Privy Council, on the
complaint of Glen, suspended his commission, October 10, 1564.
On April 5, 1396, all the
lands belonging to the monastery of Paisley, with the exception of those
situated in the Lennox, were erected into a barony of regality, and
those of them in the barony of Renfrew were thus taken out of the
jurisdiction of the sheriff and placed under that of the abbot of the
monastery as lord of the regality. The lands of the monks in the Lennox
had already been erected into a barony of regality as early as October
27, 1381, in virtue of a charter granted by Robert II. On January 13,
1451, the two baronies of regality were united into one by a charter of
James II., which conferred all the usual privileges upon the Abbot, and
included the four points of the crown, which, in the case of the Lennox
regality, had been reserved. On August 19, 1488, the three charters just
mentioned were confirmed and extended.
Another regality in the
shire was of later erection. On January 24, 1563-4, Queen Mary granted a
charter to Sir James Sandelands, Preceptor of Torphichen and Lord St.
John, by which the whole of the lands and property of the Knights
Templars and Hospitallers were incorporated into the free barony of
Torphichen and erected into regalities, on payment of the sum of 10,000
“ crownis of the sone ” and a yearly rental of 500 merks. The Temple
lands in the shire of Renfrew appear from Crawfurd’s statement to have
been known as the regality of Greenend.
“A grant of regality,” to
use the words of Professor Innes, took as much out of the Crown as the
Sovereign could give. It was, in fact, investing the grantee in the
sovereignty of the territory.” The lords of regalities had their courts
and officials like the sheriffs, or like the King. The principal
official was the bailie, who, within the limits of his bailiary,
especially when the four points of the crown were granted, as was the
case in the grants to the Abbot and Convent of Paisley and Lord
Torphichen, exercised an authority as great as that of a sheriff in a
county. He had his deputies, coroners, sergeants, and officers, and held
courts, in which he inflicted punishments and exacted fines. He had his
pit and gallows, the first for drowning women in who were convicted of
capital crimes and the other for executing men.
The Abbot and Convent of
Paisley had also the right of replegiation, in virtue of which, when any
of their tenants or farmers were arrested or were indicted before the
sheriff courts of Ayr, Renfrew and Dumbarton, they could demand
deliverance of them in order to their trial in their own court of
regality and by their own officials, assisted by an assize of the King’s
burgesses and the King’s chamberlain or his deputy sitting with the
Abbot’s bailie as assessor.
The first bailie of the
regality of Paisley of whom there is any mention was John Lord Semple.
He was appointed by Abbot George Shaw (1472-98) to the office for three
years, and further during “ his gude bering” ; but Abbot Robert Shaw,
shortly after he succeeded his uncle in 1498, called upon Lord Semple by
a summons before the Lords Auditors to give an account of his
intromissions as bailie of the regality. Lord Semple asked the Lords to
confirm him in the office. The case was heard, February 14, 1509, when
the Lords refused to grant the confirmation desired.
For some time after this
there appears to have been no bailie. At any rate, there is no reference
to a bailie of the regality having been appointed. According to a
document preserved in the Register of the monastery, John Hamilton, who
succeeded Robert Shaw as abbot in 1529, appears to have contemplated
placing the defence and administration of the affairs of his regality in
the hands of a commission, by appointing certain “ noble and powerful
men” as his procurators, bailies, etc., but, as no names are inserted in
the document, it is probable that the commission was never issued. Later
on, however, the aspect of affairs throughout the country had become so
serious that, on April 13, 1545, he appointed Robert Master of Semple
hereditary justiciary and bailie of the whole of the regality of
Paisley, except in the lordship of Kyle and the lands adjacent in the
county of Ayr. According to the narrative of the charter of appointment,
the lands and property of the monks had already been seriously
interfered with and the Master of Semple had on more than one occasion
come to the assistance of the abbot and convent. His yearly stipend as
justiciar and bailie of the regality was fixed at three chalders of
wheat and three shillings and fourpence from the lands of Glen called
Locheid. Semple and his father, William Lord Semple, on their part,
bound themselves to protect the monks and their property or to resign
office.1 During the wars that followed, the bailieship passed through
several hands. In 1662, the office was held by Sir Archibald Stewart of
Blackhall. When the heritable jurisdictions were abolished in 1748, it
was in the hands of the Earl of Eglinton.
Scattered up and down the
shire were a number of lordships and baronies. The most important among
them was that of the Stewarts of Darnley, which included the lands of
Crukisfeu, Inchinnan, Perthaykscot, Wrightland and Ilassele, Craigtoun
and Flures, beside those of Darnley, Crookston, and Neilson-syde.
Crukisfeu and Inchinnan are mentioned separately, the first on January
28, 1530, and the second on July 29, 1532. Among others were the free
baronies of Eaglesham, Mearns, Cathcart, Duchal, and the lordships of
Boghall, Dunrod, Erskine, Fereneze, and Thorntown. On March 17, 1540,
James Y. granted a charter of confirmation to William Lord Semple, of
the lands of Fernynes, Raiflat, Bar in Kilbarchan, Brandiscroft,
Weitlandis, Haris-pennaldis, Bordlandis, Mechelstoun and Craiginfeach,
Auchinfour, and the third part of Auchinames, and incorporated them,
with certain lands in the county of Ayr, into the free barony of
Craiginfeauch. On the same day, the King confirmed to the same noble the
lands of Cassiltoun, Eliotstoun, Schuttirflat, Nethir-Pennel,
Hairstentoun, and the lands of Levern, Bargany and Lechland, and the
lands of Southennane in Ayrshire, and the lands of Glasfurd in
Lanarkshire, and incorporated them into the free barony of Semple.
According to Chalmers,
the barony of Greenock belonged of old to a family named Galbraith. In
the reign of Robert III. it was divided between the two heiresses of
Malcolm Galbraith, one of whom married Shaw of Sauchie, and the other
Crawfurd of Kilbirnie. The two divisions were then held as separate
baronies until 1669, when Sir John Shaw of Greenock purchased the
eastern barony from the female heir of Crawfurd of Kilbirnie, and thus
became the proprietor of both Eistir and Westir Greenock.Greenock was
erected into a burgh of barony by a charter under the Great Seal in
1635.
In the parish of
Kilmacolm, besides the barony and lordship of Duchal, were the baronies
of Finlaystone24 and Newark. In the letters
patent issued by Charles II. to John Earl of Glencairn, March 4, 1671,
the lands of Deunistoun are said to be in the barony of Kilmacolm.
By a charter of James V.,
March 5, 1539-40, the incorporation of the seventh part of the lands of
Auchenbothie, called the Castell-wallis, in the barony of Robertland,
the greater part of which lay in the county of Ayr, was confirmed to
David Cunningham of Robertland. In 1571, the Mearns, Drips, and Nethir
Pollok were united into one barony.
The owners of the
baronies had their courts like the lords of the regality, over which
they presided either in person or by deputy. The courts were held in
various places, sometimes in a church and sometimes in the open air. In
1371, Robert Lord Maxwell, reserved to himself and his heirs the mount
nearest to the village of Drips and the great shrine erected on the top
for the purpose of holding courts as often as necessary, to prosecute
the inhabitants for injuries committed against himself and his heirs
only. The grant of a free barony carried with it not only the highest
and most privileged tenure of land, but also “ a great jurisdiction over
the inhabitants and all the fees and emoluments that of old made such
jurisdictions valued.” The true mark of a true baron in the ancient
time, Professor Innes remarks, was the right of pit and gallows, or
jurisdiction in life and limb. The form of process in the barons’ courts
was similar to that in the higher courts. In criminal cases, where
slaughter or theft was alleged, the accused were tried by an assize of
fifteen. Those who thought themselves unjustly dealt with had the right
of appeal to the Privy Council. For the most part, in grants of barony
the Crown reserved its own jurisdiction in what were called the Points
of the Crown—murder, rape, arson, and robbery—though jurisdiction in
these was sometimes granted, as in the grants of regality to the Abbot
and Convent of Paisley and to Lord Torphichen.
The principal official in
the barony or lordship was the baron-bailie, whose chief duty was to
preside over the baron’s court in the absence of his superior, and
generally to manage the business of the barony. In 1442, William Semple
acted as baron-bailie to Lord Lyle in the barony and lordship of Duchal.
Until the year 1490, when
the village of Paisley was erected into a burgh of barony and regality,
there was but one burgh in the county, the royal burgh of Renfrew,
which, though founded by David I., did not receive its charter until the
year 1396.
As early as the year
1360, the practice of dividing the county or barony into the eastern and
western districts may be said to have begun. The dividing line was
formed by the Cart. On April 21 in that year Sir Peter Garland, on
behalf of himself and his brother collector, John Gray, paid to the
Auditor of the Royal Exchequer at Perth the sum of £36 11s. 2d. which
they had collected in the barony of Renfrew “ east of the water of Cart”
towards the third contribution for the King’s ransom. In 1361, the sum
paid to the same fund for the same district was only £26 13s. 10d. The
next payment is recorded for the year 1366, when the contribution was
£49 12s. Id. for “ the barony of Renfrew.” In the same year the burgh of
Renfrew contributed £4 6s. 0d. ; Irvine, £10 0s. 6d. ; Dumbarton, £9 0s.
11d. ; Rutherglen, £5 5s. 3d; Aberdeen, £47 13s. 4d. ; and Glasgow, £5
10s. 1d., or only £1 4s. Id. more than Renfrew. America was then
undiscovered, and the chief commercial ports of the kingdom were on the
east coast. |