Charters and Documents Relating To the City of Glasgow 1175-1649 Part 1. Originally published by Scottish Burgh Records Society, Glasgow, 1897.
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On 2nd February, 1626, Charles was crowned in London; but the queen had scruples about taking part in a protestant ceremony, and did not even witness the coronation. (fn. 1) Four days later the second English parliament of the reign was commenced, and the questions which had been raised in the first parliament were re-opened with increased vehemence, both in the lords and the commons, the latter of whom impeached Buckingham, and challenged the action of the king in arresting members of the house. Ultimately on 15th June, and in disregard of the petition of the lords, the parliament was dissolved. (fn. 2)
Immediately after the accession of king Charles his attention was directed to the affairs of the Scottish church and the inadequacy of the provision for its ministers. The successive steps by which the condition of matters then existing had been brought about may be shortly stated. Instead of the lands and revenues of the ancient church having been reserved for the maintenance of the Reformed clergy, the education of the people, and the support of the poor, as was demanded by Knox and the early Reformers, it was arranged, in 1561, that the Roman Catholic clergy should retain twothirds of their benefices for life, and that the remaining third should be applied partly towards the support of the Protestant preachers, and partly towards meeting the requirements of the court. The scanty provision thus assigned to the Reformed ministers was, however, somewhat improved by the action of the legislature in the first parliament of the regent Moray; but the benefits of the arrangement then made were lost during the regency of the earl of Morton; and, as the old ecclesiastics died off, the properties of the church were vested by the Crown in lay commendators, many of whom succeeded in obtaining from the king heritable grants of the church lands and revenues in perpetuity. Sometimes these grants to the "Lords of Erection," as the grantees were termed, were burdened with the payment of the thirds appropriated for the support of the ministers; sometimes the grantees were simply burdened with the provision of competent stipends to the ministers out of the teinds; and sometimes even that obligation was not made a stipulation of the grant. Influential noblemen and favourites of the sovereign, moreover, received episcopal revenues, while "tulchan" archbishops and bishops performed the duties of the sees, and were content to receive a moiety of the endowments of their office. In 1587, king James, under the pressure of his financial necessities, annexed to the Crown all the lands of the Church then in the possession of churchmen, but this annexation did not extend to tithes, nor to lands in the possession of laymen, and was afterwards rescinded. And in 1617 parliament commissioned certain prelates, nobles, barons, and burgesses to assign, out of the teinds of each parish, a perpetual local stipend to the ministers, and this stipend was appointed to be paid, not out of a general fund as previously, but to each minister out of the teinds of his own parish—the minimum and maximum being fixed by the act. Such was the state of matters as regarded the provision for the ministry when king Charles succeeded to the throne. The hostility excited by the efforts of king James to force upon the nation the observance of the articles of Perth still existed, though the comparative moderation with which, despite the counsels of Laud, the observance of those articles was enforced, gave ground for the belief that, if the dread of further innovations—a dread which was fostered by many of the presbyterians—were removed, the country generally would probably gradually settle down to the acceptance of these articles. It was not difficult, however, to see that king Charles and his advisers were bent on a still more complete assimilation of the church service in Scotland to that of England; and the action of the king in relation to what had been the property of the ancient church largely deprived him of the sympathy and support of influential sections of the nation. He speedily evinced his desire to make better provision for the bishops and clergy, and through his efforts their condition was considerably improved. By private purchases of alienated church lands, and otherwise, he succeeded in increasing the scanty endowments of the bishops. Under arrangements made by him with the marquis of Hamilton as to the abbacy of Arbroath, and with the duke of Lennox as to the lordship of Glasgow, he supplemented the endowments of the two metropolitan sees; and by similar means improved the financial position of other bishops. (fn. 3) But these partial restorations of church properties to ecclesiastical uses left much to be done, and led him to the resolution to follow the precedents of former times, and—by a general revocation of all grants made by the crown, and to its prejudice, as well before as subsequent to the act of annexation of 1587—to resume possession of those ecclesiastical properties and revenues which his father had dissipated by grants to courtiers and nobles whose professions of protestantism enabled them thus to profit by the spoliation of the church. Proclamation was accordingly made in November, 1625, of a general revocation by him, as on 12th October, of all grants by the crown, and of all augmentations to its prejudice, whether before or after the act of annexation. (fn. 4) The effect of this proclamation was far reaching. Most of the noble families in Scotland had got and held some share of the spoils. "Many of them," says Dr. Cunningham, "had held such property beyond the years of prescription. Some of them, if stripped of it, would be left about naked in this world, and therefore the king's design of wrenching it from them caused universal agitation and alarm, combined with a determination to resist." (fn. 5) To allay this spirit, and reconcile the nobles and gentry to his projects, the prospect was held out to them of purchasing and leading their teinds, while to the ministers was offered the prospect of more liberal stipends. In order, also, to soothe the popular feeling of antagonism to the Perth articles, Charles, on 12th July, 1626, addressed to the archbishops and bishops a series of ten articles, by which he directed that such ministers as had scruples about complying with the Perth articles, and had been admitted before they were passed, should not be required to observe them for a time, provided they did not speak publicly against the royal authority or the government of the church or its canons, or dissuade others from observing these canons, or refuse communion to such persons as desired to partake of it kneeling, or receive members of other congregations without testimonials from their pastors. Banished, imprisoned, and suspended ministers were also directed to be restored on similar conditions. But all ministers admitted subsequent to the passing of the Perth articles were to be obliged to obey and practise them. He also directed that a common bond of conformity should be formed and subscribed by every minister on his admission; that schools should be planted in every parish; that the people should be catechised by every minister weekly, for removing ignorance, barbarity, and atheism; and that order should be taken for entertaining the poor in each parish. (fn. 6) Subsequently the king restricted the scope of his revocation, and sought by legal process to reduce the grants of kirk livings. This so alarmed the holders of these grants that they sent a deputation to the king, who had an interview with them in London, with the result that on 7th January, 1627, he appointed sixty-four commissioners to treat with all those who claimed a right to erected benefices for a surrender of them to the crown on such terms as the commissioners approved. (fn. 7)
On 3rd October, 1626, at the desire of the archbishop, the bailies and council re-elected James Inglis to be provost for the following year, and Patrick Bell, James Stewart, and William Neilsoun, to be bailies. Thirteen merchants and twelve craftsmen were also elected to be councillors on the 7th of the month; and on the 11th, Colin Campbell was chosen dean of guild; (fn. 8) Ninian Anderson, deacon-convener; Ninian Gilhagie, visitor; Andrew Foulis, treasurer; and William Gibson, master of work. (fn. 9)
On 2nd April, 1627, two new colours were ordered to be provided for the town, "in respect the auld culloris was brunt the last muster." (fn. 10) On 5th May a merchant and a cordiner were appointed to carry these colours at the town's muster in June; and on 12th May the treasurer was ordered to have warrant for £132 17s. 4d. paid for "twa anseinyeis of taffetie and workmanschip thairof." (fn. 11) On 29th September payment of £46 15s. was authorised for brass and copper to be the "kok and thanes" to the Tolbooth, and twenty merks for the workmanship, £44 1s. 3d. to Gabriel Smith for fourteen stones eleven pounds of made iron "to the kok, bell, and thanes of the Tolbuithe," fifty merks as a gratuity for the cheapness of his charges and a dollar to his servants, £100 to John Boyd, master of work, for his services in the building of the Tolbooth, and £10 to the quarrier and his men for "drink silver." (fn. 12) On 13th October, 1627, the council authorised 40s. to be paid to James Wood for a ladder "to hing the tung of the bell," and on the 20th, "£30 for gilding the cok and thanes, and coloring of the same yallow, with the glob and standart and stanes about the stepill heid." (fn. 13)
On 2nd October, 1627, James Hamilton was elected provost on the nomination of the archbishop, who also selected James Steuart, William Neilsoun, and George Barclay to be bailies, and they were appointed accordingly; on the 6th, thirteen merchants and twelve craftsmen were appointed councillors; and on the 10th, Colin Campbell was elected dean of guild; Ninian Andersoun, deacon-convener; Ninian Gilhagie, visitor; James Padie, treasurer; Gilbert Merschell, procurator-fiscal; and George Cuik, master of work. On the last-mentioned day, moreover, the council, considering that the treasurer had previously been only an extraordinary councillor without a vote, although he ought to have been an ordinary councillor, as was the practice in other burghs, resolved and ordained that in future the treasurer should be an ordinary councillor, and have his vote as other councillors had in every respect. (fn. 14)
On 17th November, 1627, Thomas Reid, boat wright, was ordered to be received as a burgess on payment of the modified fee of £40; the modification being allowed "in respect thair is nane of his craft within this burghe, and sua necesser to the toun." (fn. 15)
On 5th January, 1628, there is an indication of an improvement scheme on a small scale in a resolution that the causeway from the Cross down the Saltmarket should be "put out and laid als neir as can be to the buithes" on both sides of the "gait, to mak the hie street braid." (fn. 16) On 5th April the council ordered the decayed parts of the library house of the high kirk to be built and repaired, roofed, "gested," lofted, and roofed with lead at a cost of 3,100 merks (£172 4s. 5d. sterling). Regard seems to have been had also to the appearance of the council house next to the justice house, which it was resolved to have repaired with bunkers and seats in the most comely form for its decoration. (fn. 17) The cost of a new clock (horologe) fitted up in the Tolbooth, made by one John Neill, is stated to have been 950 merks; while Valentine Ginking was paid 390 merks for "gilting of the horologe brodis, palmes, mones, the kingis armes, and all paintrie and culouring thairof, and of the justice hous." (fn. 18)
In the short interval of seventeen months which had elapsed since the dissolution of the second English parliament of Charles, he was hard pressed for supplies even to equip his fleet, and had appealed unsuccessfully to the city of London for a loan; had demanded with scant success a free gift from the English counties; and had endeavoured in vain to secure the acknowledgment of the judges to the legality of his demands for "benevolences and privy seals." His action had called forth the resistance of Hampden, Eliot, and Wentworth, and had evoked a popular discontent which was aggravated by the signal failure of his naval and military enterprises, and the discontent of his soldiers and sailors who were clamorous for arrears of pay. Under these circumstances, and the threatening aspect of foreign affairs, the king was induced, on 30th January, 1628, to summon a new parliament at Westminster on 17th March. But the elections went generally against the crown, and, when the commons met, its leaders were agreed that the rights of the subject must at the outset be vindicated. This determination was speedily evidenced in both houses, and after much angry discussion and messages from the king, which only served to widen the breach between him and his subjects, the Petition of Right was finally adopted by both houses on 28th May. As the petition was submitted to the king, intelligence arrived of disasters to his forces in Germany and France, but still his reply was evasive, and the commons decided to follow up the petition by a Remonstrance. This the king forbade, and on 5th June demanded a vote of supplies, which demand was renewed on the following day. The commons then resolved to "name" Buckingham, with a view to his being dealt with as responsible for many of the national troubles, but were ordered by the king to adjourn till the following day. A similar order was conveyed to the lords, but they directed the lord-keeper to acquaint the king with the feeling of the house that he should not "make a sudden end of the parliament." On 7th June a qualifying message from the king was received, and both lords and commons concurred in a resolution to ask him for a clearer answer to the Petition of Right. This answer the king gave on the same day, by attending in person and intimating his assent to it, according to the usual formula. Thus the Petition, (fn. 19) second in importance only to the Great Charter, (fn. 20) became an authoritative constitutional document. Notwithstanding the victory thus achieved the Remonstrance was proceeded with, and craved that the duke of Buckingham should be deprived of his offices, and removed from "his place of nearness and counsel to the king." It was presented to Charles on the 17th in the presence of the duke, but the king gave him his hand to kiss in presence of his accusers. Irritated by the practical rejection of the Remonstrance, the commons proceeded to discuss a bill for the grant of tonnage and poundage, when the king intimated that both houses might sit till the 26th, but should sit no longer. This was met by the commons drawing up another remonstrance, but in anticipation of its presentation the king, early on the following morning, appeared in the house of lords, and, after giving his consent to a few bills, prorogued parliament till 20th of October, and it was subsequently prorogued till 20th January, 1629. Meanwhile on 23rd August the duke of Buckingham was assassinated, and thenceforward the king took much of the burden of government on his own shoulders. No grant having been made to him by parliament, the king persevered in his policy of raising revenue by collecting tonnage and poundage, and by other arbitrary processes, which inflamed popular feeling, while the highhanded action of Laud in regard to ecclesiastical matters, and of the king in bestowing all crown patronage on men of Laud's school, deeply irritated puritans and calvinists, and threw them as a body into sympathy and association with the political malcontents.
Towards the end of July, the king proposed to come to Scotland to be crowned, and directed a parliament to be summoned at Edinburgh on 15th September; but on the advice of the privy council his visit to Scotland was deferred till the following year. (fn. 21)
At the election of magistrates on 30th September, James Hamilton was re-appointed provost by desire of the archbishop, who also, on the same day, selected Colin Campbell, George Barclay, and John Padie to be bailies, and they were elected accordingly. On 4th October the old and new provost and bailies appointed fourteen merchants and thirteen craftsmen to be councillors, subject, however, to a declaration that, inasmuch as one merchant and one craftsman were added to the number elected in former years, the old number should be reverted to in future elections. On the 8th of the same month, Patrick Bell was elected dean of guild; William Neilson, deacon convener; Ninian Gilhagie, visitor; Thomas Young, treasurer; Gilbert Merschell, procurator-fiscal; and William Anderson, master of work. (fn. 22)
On 30th October, archbishop Law, with consent of the dean and chapter of the Cathedral, granted two charters, by one of which (fn. 23) he, inter alia, confirmed the deed of mortification by archbishop Boyd, dated 28th May, 1581, and letters of confirmation by king James VI., dated 17th June, 1581; (fn. 24) and by the other (fn. 25) he confirmed, inter alia, the gift of immunities granted by bishop Turnbull on 1st December, 1453. (fn. 26)
Meanwhile, the royal commissioners appointed in January, 1627, to deal with the teinds and other properties of the ancient church prosecuted their labours with the result that during this year submissions were given in by lords of erection, teind holders, bishops and clergy, by royal burghs, (fn. 27) and by tacksmen and others having right to teinds, to the king as arbiter to determine what compensation should be paid for the surrender to the crown of church property. (fn. 28) Every thing, says Cunningham, who shortly summarises the result, was now ripe for a decision, and accordingly, on 2nd September, 1629, his majesty pronounced four decreets-arbitral corresponding to the number of submissions. (fn. 29) With regard to the superiorities of church lands, it was ordained that 1,000 merks Scots should be paid by the Crown for each chalder of victual feu-duty, and for each 100 merks of money feu-duty. With regard to teinds, the decreet declared "that it is necessary and expedient for the public welfare and peace of this our ancient kingdom, and for the better providing of kirks and ministers' stipends, and for the establishing of schools and other pious uses, that each heritor have and enjoy his own teinds;" and in order to this, it was provided that all teinds should be valued and sold to those heritors who chose to purchase them. The fifth of the rental of the land was declared to be the value of the teind; (fn. 30) and the price of teinds thus valued was fixed at nine years' purchase—a price which would be remarkably low now, but which probably was not so then. (fn. 31) It was farther provided, that in calculating the price of teinds, heritors were to pay for no more than what should remain after the ministers' stipends were deducted; and also that a certain portion of the rent or price, to be fixed by commissioners, should be set apart for the king in name of annuity. (fn. 32)
On 20th January, 1629, the English parliament was again to meet, but the prospects of a peaceful session were by no means bright. Notwithstanding the declaration of the house of commons that the levy of tonnage and poundage was illegal, the king's officers had proceeded to exact it, and had been met by general opposition. Ecclesiastical questions also had been raised in relation to which the king, guided largely by Laud, then bishop of London (and who after the assassination of the duke of Buckingham had virtually become the first minister of the crown), had put forth a declaration as supreme governor of the church of England which was opposed to the views of a large part of the nation. The star chamber too, when acting as a court employed on state trials, had been exercising an authority the limits of which it was impossible to foresee. When parliament met, therefore, there was abundant ground for renewed collision between it and the crown as to tonnage and poundage, as to questions of theology, as to the privileges appertaining to the goods as well as to the persons of members of the house, and as to the privileges of the king's officers in executing royal warrants. A crisis occurred on 2nd March, when the speaker of the commons announced the king's pleasure that the house should be adjourned till the 10th, and refused to allow discussion on a question of adjournment. Thereupon an unprecedented scene of turbulence was witnessed. The speaker, who endeavoured to leave the chair, was held down. His orders were disregarded, and the door of the house was locked. A series of resolutions against innovations in religion, and the levying of tonnage and poundage not granted by parliament, were proposed and passed, (fn. 33) the question being put by the mover without reference either to speaker or clerk. This done the doors were thrown open, and the members passed forth. Immediately after the adjournment the king signed a proclamation dissolving the parliament; but it was not published till the 4th, and was followed on the 10th by a declaration justifying the dissolution. "Eleven years," says Gardiner, "were to pass away before the representatives of the country were permitted to cross that threshold again."
On 1st April, 1629, king Charles I. granted a charter, under the great seal, confirming the charter, dated 7th August, 1621, (fn. 34) by James archbishop of Glasgow to duke Ludovic and his heirs male and successors heritably of the office of bailiary and justiciary of the barony and regality of Glasgow. (fn. 35)
On 8th August the town council ordained that such of the heritors of the town's lands set out to them in feu as had not obtained charters should obtain them, on payment to the treasurer, for the use of the town, of ten merks for each acre of the feu, but that warrandice would not be given. (fn. 36)
On the nomination of the archbishop, Gabriel Cunningham, merchant, was, on 6th October, elected provost, and from a leet of nine the archbishop, on the same day, selected Colin Campbell and James Stuart, merchants, and John Padie, craftsman, to be bailies. These elections being made, the provost, with the old provost, bailies, and council, by a majority ordained that in future no merchant or craftsman should be put on the leet for bailies save for one year, and that no bailie then in office, or who might afterwards be appointed, should exercise the office for a longer period then a year. The town clerk was absent from this meeting attending "the justice aire," and William Yair, who was acting for him, was also absent presenting the leets to the archbishop when the above resolution was come to by the council. On his return, however, he was directed to record the resolution. (fn. 37) On 17th October the provost and the old and new bailies elected thirteen merchants and twelve craftsmen to be councillors, the previous provost being one; and on 21st October the magistrates and council elected Patrick Bell to be dean of guild, William Neilsoun, younger, to be deacon convener, Thomas Gray to be visitor, Robert Paterson to be treasurer, and John Briscatt to be master of work. (fn. 38) The action of the council in regard to this election of the magistrates appears to have caused displeasure to the government, for on 4th December the provost and twenty-three others wrote a letter to the earl of Traquair, lord high commissioner to the parliament, "deprecating his displeasure at the form observed by them in the election, excusing themselves that the condition of the late archbishop, who had the nomination, was such that they could not present the leets to him as formerly without offence; and that they had no intention of usurping any rights or taking any advantage of the time, but only conceived they took the most peaceable method." (fn. 39) It would thus appear, though the council minutes represent the contrary, that the elections of the magistrates had been made without the sanction of the archbishop.
On 21st January, 1630, the town council authorised Gabriel Cunningham, provost, and commissioner to the convention of burghs, to undertake for Glasgow, along with Edinburgh and such of the other royal and free burghs as were prepared to join in the enterprise, the plantation of Stornoway, (fn. 40) the liabilities of the several burghs being in the ratio of the liability of each taxation under the burghal stent roll; and he was appointed "to consider and deliberate weill anent the toune's weill thereanent." He accordingly attended a meeting of a particular convention at Edinburgh on the subject, (fn. 41) and reported the result to the town council on 6th March. (fn. 42)
On 6th March, 1630, the town council resolved that the steeple of the Trongate Kirk, known also as St. Marys, the Laigh Kirk, and the New Kirk, should be "hightit" in the best and most commodious form. A new well in the Trongate was on 24th April ordered to be slated in the best form, and two pumps made thereto. On 8th May the treasurer was directed to buy as much red kairsey (kersey) cloth as could be made into a coat, breeks, and hose to each of the town's officers, and on the 15th the council "thought it expedient that ane trustie youth be maid ane poist for this burgh for ane yeir to cum." (fn. 43)
On 29th May, 1630, the queen gave birth to a son, who, on 27th June, was baptised as Charles, and was destined, after many strange vicissitudes, to sit upon the throne of his father and grandfather as Charles II. (fn. 44)
By a charter under the great seal, of date 28th June, king Charles I. confirmed all the foundations, mortifications, donations, rights, securities, &c., which had been conferred on the University and College, particularly those rights and revenues which had previously belonged to the friars preachers, and the vicars of the choir of Glasgow, and to various chaplainries and altarages in the city and the neighbourhood, and also certain customs and duties leviable within the burgh, and the right of patronage of the churches of Govan, Renfrew, Kilbride, Dalziel, and Colmonell, and the parsonage and vicarage teinds thereof; also the privileges, jurisdictions, immunities and exemptions from taxation conferred on the University and College by his royal ancestors, by his father king James VI., by William Turnbull, bishop of Glasgow, and the other bishops or archbishops of the see, and by all other persons whomsoever, either lay or clerical. This charter also allocated the several salaries payable to the principal and regents of the University, under burden of the stipends to the ministers of the several parishes specified. (fn. 45) This charter was ratified by parliament on 28th June, 1633; without prejudice to the rights of James, duke of Lennox, and his heirs and successors in regard to the infeftments and heritable rights of the office of bailiary and justiciary of the barony and regality of Glasgow; and also under reservation to the magistrates and councillors of the chaplainries of St. John and St. Mary belonging to the burgh; and of the privileges of the meal market beside the kirk of the Blackfriars. It also provided that the University should be exempted,—for its own members resident within it and its servants only, and the houses, lands, and tenements belonging to it in property, but not the tenants dwelling in its houses within the burgh,—from the taxations and other impositions leviable from burgesses of the burgh. It was, however, declared that the exemption of the University, granted to it by its late infeftment, should not derogate from the rights and liberties of the burgh, nor from any right which the archbishop and his successors had to the tron, metts and measures of Glasgow, and from any other thing appertaining to them. (fn. 46)
On 28th July a convention of the estates was held in Edinburgh, and to meet the king's urgent necessities a taxation was granted of thirty shillings upon the pound land, payable at four terms, and of this taxation the lord chancellor Hay was made collector. (fn. 47)
It would appear that at this time and previously the magistrates of the city enjoyed some pecuniary advantages. An act of the town council, dated 18th September, sets forth that having due consideration to the fact that it had been the practice for several years to exempt from the king's taxation not only the newly elected magistrates "such as the provost and bailies" but also "contrary to all reason and equity" the provost and bailies of the preceding year, it was therefore ordained that in future this exemption should only apply to those magistrates elected after Martinmas and for the year of their office. (fn. 48)
On 5th October, Gabriel Cunningham was re-elected provost on the nomination of the archbishop, who, from a leet of six merchants and two craftsmen, elected George Barclay and Walter Stirling, merchants, and Thomas Morsoun, cooper, to be bailies, and they were appointed accordingly. On the 8th, thirteen merchants and twelve craftsmen were elected councillors; and on the 13th, John Bornes was elected dean of guild; John Anderson, deacon-convener; Thomas Gray, visitor; Ninian Gilhagie, treasurer; William Anderson, master of work; and Gilbert Marshall, procurator-fiscal. (fn. 49)
On 19th March, 1631, the bell house in the Trongate was ordered to be taken down to the ground, (fn. 50) and on 11th June three hundred merks were ordered to be paid to the laird of Kelburn towards the cost of building a pier at the Kelburn-foot which might be "steddable" to the merchants of the burgh. (fn. 51)
In 1625 the plague which broke out in London, and extended throughout England, disappeared for two or three years, but reappeared in London in 1630, and extended to the provinces, where it carried off many victims. (fn. 52) The alarm consequent on its ravages induced the town council of Glasgow, on 9th July, 1631, to issue a proclamation prohibiting all persons within the burgh from going to England where the pest was, and all persons coming thence from repairing to their houses in the burgh. Wives also were prohibited from receiving their husbands, and masters their servants, coming from the infected places, without leave given by the provost and bailies. Violation of this order was punishable by a fine of five hundred merks, and liability to such other pains as might follow thereupon. (fn. 53) A merchant who transgressed this order was deprived of his freedom on 23rd July. (fn. 54)
On 23rd July, 1631, £1,058 6s. Scots (£88 3s. 10d. sterling) were ordered to be paid for a new bell to be placed in the Trongate steeple, and that "by and attour the auld bell." (fn. 55)
On 4th October, 1631, the council, at the desire of the archbishop, admitted Gabriel Cunningham, the former provost, to be provost for the following year; and from a leet of six merchants and three craftsmen the archbishop nominated James Stewart and John Anderson, merchants, and John Padie, skinner, to be bailies. Three days later the provost and old and new bailies elected thirteen merchants and twelve craftsmen to be councillors. On the 12th of the same month the council and persons joined to them for electing the dean of guild and deacon-convener, elected John Barnis to be dean of guild and John Anderson to be deacon-convener. Ninian Gilhagie was also appointed to be visitor of the maltmen and mealmen; John Wilson to be treasurer; and Archibald Faulds to be master of work. Three days later, John Padie having died before he accepted the office of bailie, the archbishop nominated Walter Douglas to be bailie. (fn. 56)
On 7th October the town council ordained that no person should appear before the magistrates as a procurator until he had been duly admitted to practise before them; that no procurator, except the procuratorfiscal, should come within the inner bar, or be permitted to appear for defence of blood or wrongs; or be allowed to state written defences in actions involving £20 and lesser amounts; and that if the provost or magistrate sitting in judgment allowed any one to violate this order, he should be liable in a penalty of £40, to be paid to the treasurer for the use of the burgh. (fn. 57)
On 29th October thirty-seven constables were appointed for the city to hold office for a year. (fn. 58)
In accordance with the resolution of the general assembly held at Aberdeen in July, 1616, (fn. 59) a prayer book was prepared and completed in 1619, but was not brought into use. The popular resistance to the articles of Perth had induced king James to authorise an assurance to be given the parliament of 1621 that, if the articles were confirmed, no further innovations would be made. But the influence which Laud had established over the king previous to 1629 was such as to induce his majesty to disregard the previous arrangement and to order the draft of the service book, which had been approved of by the Scottish episcopate, to be submitted to Laud. It did not harmonise with his high church notions, however, and he urged that the English liturgy should be substituted, so that there should be uniformity of service throughout the kingdoms. The danger of such a course was represented both to the king and to Laud. The Scottish people, they were assured, were not only largely puritan but, as an independent nationality, were jealous of any interference by foreigners with their habits of thought and action. But this warning was unheeded, and it was resolved by them that the English service book should be introduced, and its use made obligatory in Scotland. However much the danger of this resolution may have been apparent to the Scottish bishops, they were afraid to offer it strenuous opposition, and though some of the clergy had the courage to represent to the king the danger of the course on which he was entering, (fn. 60) he, with his constitutional obstinacy, adhered to his purpose. The result was to be afterwards seen.
On 2nd October, 1632, the council, at the request of the archbishop, reappointed Gabriel Cuninghame to be provost for the following year; from a leet of six merchants and three craftsmen submitted to him by the council, the archbishop selected George Barclay and John Barnis, merchants, and John Anderson, cordiner, to be bailies, and they were appointed accordingly. On the 5th of the same month, thirteen merchants and twelve craftsmen were elected councillors, and on the 10th Henry Glen was appointed dean of guild; Ninian Anderson, deacon-convener; Ninian Gilhagie, visitor of maltmen and mealmen; Ninian Paterson, treasurer; James Padie, master of work; and eight merchants and eight craftsmen stent masters. (fn. 61)
Archbishop Law having died in November, 1632, (fn. 62) Patrick Lindsay was translated by king Charles I. from the see of Ross to that of Glasgow, by charter under the great seal, dated at Whitehall, 16th April, 1633. (fn. 63) On 27th April, the town council appointed the provost, or, failing him, another person to go to St. Andrews and see the archbishop "ressavit" there; and on 11th May the treasurer was authorised to get a warrant for two hundred and fifty merks (£13 17s. 9d. sterling) disbursed by him to the provost, as the charges of himself and his company attending the archbishop on the occasion. (fn. 64)
In May, 1633, the king's long contemplated visit to Scotland took place. He left London with a large train of attendants, including the duke of Lennox, the marquis of Hamilton, the earl of Morton, Dr. Laud, bishop of London, and Dr. White, bishop of Ely, and on the 8th reached Berwick, where he remained till the 12th. Three days later he arrived at Dalkeith, where he was entertained by the earl of Morton, and on Saturday the 15th he entered Edinburgh in state, and took up his residence in Holyrood. (fn. 65) On the following day he attended divine service in the chapel royal, when his own chaplain, the bishop of Dunblane, officiated. (fn. 66) He passed the night of the 17th in the castle, and next day proceeded in state to the abbey church of Holyrood, where, after sermon by bishop Lindsay of Brechin, he was crowned king of Scotland. (fn. 67)
On the 20th of June the Scottish parliament assembled in the old parliament house above St. Giles church, and was opened by the king in state. (fn. 68) Provost Gabriel Cuninghame represented Glasgow at this parliament. (fn. 69) After being fenced the lords of the articles were chosen—eight prelates, eight nobles, eight barons, and eight burgesses, of which last Cuninghame was one. (fn. 70) Thereupon parliament rose, and the king returned in state to the palace. On the 21st and 22nd he attended the meetings of the lords of the articles in the laigh tolbooth, and on the 23rd (Sunday) he was present at divine service in St. Giles church, (fn. 71) after which he was entertained by the town of Edinburgh at a banquet. (fn. 72) On the 24th, being St. John the Baptist's day, he went in state to Holyrood chapel, and after making a solemn offertory, touched about one hundred persons suffering from king's evil, and hung by a white ribbon on the neck of each person so touched a gold coin prepared for the purpose. (fn. 73) On the 26th and 27th he attended meetings of the lords of the articles, who on the latter day finished their business ; and on the 28th parliament re-assembled—the king being present in state—and ratified the acts which had passed the lords of the articles. The first of these acts granted the king a tax of thirty shillings on the pound land at each of six specified annual terms, and the sixteenth penny of all annual rents. (fn. 74) Of this taxation the marquis of Hamilton was appointed by the king to be collector-general. The third act ratified the prerogative of the crown over all estates, persons, and causes, and approved, and perpetually confirmed the statute of 1606 thereanent; it also ratified the statute of 1609 in reference to the apparel of judges, magistrates, and kirkmen; and ordained that his majesty's warrant as to the apparel of churchmen in Scotland should be registered in the books of parliament, and have all the strength of an act of parliament. (fn. 75) A fourth act ratified all acts made by previous parliaments touching religion, and so practically confirmed the episcopal government and worship. (fn. 76) Further, and as Balfour states, to bind the people of Scotland the more to observe these statutes, the king's general revocation was ratified, (fn. 77) so as to be "ane bond ouer men that wold presume to attempt anything against the two former acts." (fn. 78)
To this parliament belongs the credit of having passed an act giving statutory ratification to the establishment of a school in every parish. Seventeen years previously the privy council, by an act dated 10th December, 1616, had ordered that in every parish where convenient means might be had for entertaining a school, a school should be established, and a fit person appointed to teach it, at the expense of the parishioners, "according to the quantity and quality of the parish," and at the sight and by the advice of the bishop of the diocese; and all the bishops were required, each within his own diocese, to arrange with the parishioners some certain, solid, and good course by which these schools might be maintained. (fn. 79) But this order does not appear to have received general effect, for Row states that eleven years afterwards a proclamation was issued requiring every minister, with the help of two or three of his parishioners of best skill, to report as to the state of his parish. (fn. 80) A number of these reports which have been preserved, (fn. 81) show that schools existed but in few parishes, and that in many cases the parishioners chosen to help the ministers in reporting were unable to sign their names. Such was the educational condition of Scotland when parliament ratified the act of the privy council, and authorised the bishops in their visitations, with consent of the heritors and most part of the parishioners, and if the heritors, after being lawfully warned, failed to appear then with consent of the majority of the parishioners, "to stent upon every plough or husband land according to its worth for the support of the schools." (fn. 82) In virtue of this legislation schools were established, and the advantages of education were secured to the youth of Scotland.
Another act was passed in the same parliament by which, in consideration of the expense incurred by Glasgow in making the Clyde navigable, in maintaining the bridge and cathedral, and in building a tolbooth and churches, (fn. 83) all the charters, infeftments, writs, and evidences granted in favour of the provost, bailies, councillors, and community, were confirmed, and specially the charters by Alexander III., of 1275, (fn. 84) by Robert I., of 1324 and 1328, (fn. 85) by Queen Mary, of 1566–7, (fn. 86) and by James VI., of 1611, (fn. 87) the decree of the lords auditors, of 1469, (fn. 88) and its ratification by James III., of 1479, (fn. 89) the act of secret council, of 1600, (fn. 90) and the decrees of the court of session, of 1575 and 1607. (fn. 91) This confirmation was given, however, without prejudice to the rights of (1) James duke of Lennox and his successors in their office of bailiary and justiciary of the barony and regality of Glasgow; (2) of the archbishop and his successors as regarded their right to elect and nominate the magistrates of the burgh, and also their rights to any lands, teinds, privileges, or liberties belonging to them; and (3) of the university. (fn. 92)
After passing these and other acts the parliament concluded its work on the 28th of June, and adjourned till the 1st of November, the king returning in state to Holyrood. (fn. 93) On the 28th of June the king and Laud met the bishops and other ministers to consider as to the introduction into Scotland of the English service book, and the Scottish bishops represented the objections which would be entertained in Scotland to such a proceeding. But they did not venture to assert the independence of their church or to represent the deep feeling of the country. Their objections were confined to technical details, and the king consented to the preparation of a liturgy "as near that of England as might be," so the book of 1619 was allowed to disappear. (fn. 94) On the following day the king commenced his progress in the country, and after visiting Linlithgow, Stirling, Dunfermline, Falkland, and Perth, returned to Falkland, whence he proceeded to Edinburgh via Burntisland and Leith. (fn. 95) On 18th July he commenced his return journey to England. (fn. 96)
The gift by queen Mary to the university in 1563, (fn. 97) supplemented by that of king James in 1577, (fn. 98) by subsequent private benefactors, and, according to M'Ure, by the liberality of archbishop Law, still left this institution in an incomplete and unsatisfactory condition. But about the year 1630 Dr. John Strang, who had been appointed principal in 1626, succeeded by means of private subscriptions, in having the buildings extended and the library improved. The north and east sides of the inner court of the College were erected, and a considerable space of ground which formed part of the grants to it by lord Hamilton in 1459, Sir Thomas Arthurlie in 1466, and queen Mary in 1563, was enclosed and laid out as gardens. Towards defraying the cost of the improvements, it is said, about £2,000 sterling were obtained, and the king's sympathy with the object induced him to intimate on 14th July, 1633, his intention to contribute £200 sterling. His own troubles, however, prevented the payment of the sum thus promised. Among the many contributors at this time were archbishop Spottiswood of St. Andrews, and archbishops Law and Lindsay of Glasgow, each of whom gave a thousand merks (£55 11s. 1d. sterling); the burgh of Glasgow subscribed towards the buildings and the extension of the library 2,750 merks (£152 15s. 6d. sterling). The burghs of Stirling and Ayr also gave three hundred merks (£16 13s. 4d. sterling) each, while the burgh of Irvine contributed £100 Scots (£8 6s. 8d. sterling). Among the subscribers to the promotion of this object were a large number of Scottish noblemen, courtiers, and gentlemen who thus anticipated, to some extent, as regarded the old university, the liberality of modern benefactors, and in particular the munificence of the marquis of Bute, who, by erecting the Bute hall, has done so much to dignify and complete the structure at Gilmorehill.
In connection with the military drills of the inhabitants at this time, it may be noticed that on 24th August, 1633, the town treasurer was directed to pay to James Aitcheson, drillmaster, £40 scots for two hundred and nineteen books sent by him to the burgh, "beiring the forme of dreilling"; and every young man of "mid and guid qualitie," who might afterwards be received as a burgess, was appointed to take a copy for which he was to pay four shillings to the treasurer. (fn. 99)
On 1st October, 1633, the bailies and council, on the nomination of the archbishop, elected William Stewart to be provost, and, from a leet of nine, the archbishop appointed George Mure and John Maxwell, merchants, and William Howie, litster, to be bailies. (fn. 100) On the 4th of the same month, thirteen merchants and twelve craftsmen were elected councillors, and, on the 9th, Henry Glen was elected dean of guild, Ninian Anderson, deaconconvener, Ninian Gilhagie, visitor, Richard Allan, treasurer, and James Padie, master of works. (fn. 101)
On 14th November, 1633, the council empowered the provost, Gabriel Cuninghame, and Patrick Bell to treat and agree with the marquis of Hamilton, collector-general of the extents granted to the king by parliament on 28th June, as to a reasonable composition to be taken from all the inhabitants in lieu of the taxation then authorised. (fn. 102) The result of the negociations which followed upon this appointment was the completion of an agreement, confirmed by an act of exchequer, and embodied in a deed dated at Edinburgh on 13th December, 1633. By this deed the commissioners for Glasgow became bound to pay at Whitsunday, 1634, 20,000 merks (£1,111 2s. 2d. sterling), for the "two of ten" granted furth of the annuals of the terms of Martinmas, 1633, Whitsunday and Martinmas, 1634 and 1635, and Whitsunday, 1636; also £9,000 Scots (£750 sterling) for the taxation of the sixteenth penny granted furth of the annuals of the terms of Martinmas, 1634, Whitsunday and Martinmas, 1635, and so forth during the whole years and terms of the taxation. No persons were to get the benefit of this agreement save inhabitants, actual burgesses, merchants, and craftsmen, who were liable to watch, ward, and extent, and had been in use for several years to be extented within the city, the rector, principal, dean of faculty, and four regents of the college, with the consistory and members thereof, and the relicts, children, and servants of such persons. Honorary burgesses, and persons who did not make their actual residence with their families, were excluded from participation in the benefits of this arrangement. (fn. 103)
On 20th November, 1633, the archbishop considering that the communicants in Glasgow exceeded five thousand, while there were but three ministers, and also the desire of the inhabitants to have Dr. James Elliot to be one of their ministers "for their better comfort and instruction," ordered an edict to be served by the then readers. In response, the magistrates and council appeared and declared their contentment to have Dr. Elliot as one of their ministers. Delay was, however, sought to enable them to resolve on the most convenient way to provide a stipend for him, and a week was allowed them. (fn. 104)
On 1st February, 1634, the town council appointed Mr. John Dunlop and Mr. John Hutchison, town clerk, to proceed to Edinburgh and oppose, before the lords of exchequer on the 8th of that month, the granting to Sir John Shaw of Greenock of a crown charter constituting Greenock a burgh of barony. On the 15th of the month they reported their proceedings to the council, and the treasurer received a warrant for £46 Scots to defray their expenses in connection with the journey. (fn. 105)
On 15th March the town council, on the application of the visitors and other members of the maltmen, passed an act by which on the narrative that at the desire of various noblemen many of their footmen and other servants were admitted burgesses gratuitously, and that being so admitted, they afterwards took up their residence within the burgh, and, being unable to pursue any other calling, entered with the maltmen in consequence of the smallness of their fines (20 merks); that the result of this was so to impoverish the maltmen as to disable them from assisting their poor brethren. They therefore craved liberty to exact from every person so admitted gratis a sum of forty merks, and that notwithstanding the restriction in the letter of guildry. This act, it was however declared, was to extend only to strangers not paying burgess fines, and was not to apply to the sons or sons-in-law of burgesses, or to apprentices. (fn. 106)
At this time there was no market place above the Wyndhead, and the town council apprehended that the houses there would fall into decay, as they could not be let at proper rents. They therefore deemed it to be necessary that the markets should be scattered over various parts of the town, and with that view ordained, on 24th May, 1634, that the daily horse market should, except during the annual fair time in July, be held between the Kirk port, the Stable green port, the Drygate head, the Wyndhead, and the Rottenrow; and that the salt market, the corn market, the market for lint seed and hemp seed should be held above the College, where the horse market had previously been held. The officers of the burgh were also required to urge all persons—sellers of horses, salt, horse corn, lint seed, and hemp seed—to make their several markets at the places so specified. (fn. 107)
On 21st June, 1634, Patrick Bell was elected commissioner to the convention of burghs to meet in Edinburgh on the following month, and on the 28th was instructed to advise with the town's lawyers there as to the best way to obviate the exorbitant customs taken by the burghs of Dumbarton and Renfrew on the Clyde, and to follow out such measures as they might advise. (fn. 108) A summons, accordingly, seems to have been prepared against Dumbarton, for on 26th July when Bell reported what he had done, authority was given to pay John Nicoll and his man for the summons, (fn. 109) and on 29th November the town clerk was appointed to ride to Edinburgh "anent the caus persevit be the toun aganes Dumbarton, when he sall be adverteisit to that effect." (fn. 110) This process appears to have been still in dependence in September, 1636, when the provost, Colin Campbell, was in Edinburgh in regard to it and other matters. (fn. 111)
Under the authority of a decree of the privy council, dated 3rd July, 1632, the town council of Edinburgh established at Paul's work in that city a correction house, in which such idle masterless persons and sturdy beggars as were apprehended by the constables might be employed in work, and the results of the experiment proved so highly beneficial (fn. 112) that king Charles I., by letters patent, under the great seal, dated 14th May, 1634, empowered the magistrates of all royal burghs to establish similar houses, and to exercise with reference to them the powers which Edinburgh possessed. On the 8th of July, accordingly, the town council of Glasgow empowered Patrick Bell to arrange for the establishment of a correction house in Glasgow. But it was conditioned that the town should not be bound to buy or build and maintain such a house sooner than it might please the council to do so. (fn. 113) In 1635, however, they acquired from the earl of Glencairn the manse of the prebend of Cambuslang, situated on the south side of Drygate Street, and converted it into a correction house; (fn. 114) on 22nd August they ordained an agreement to be made with a man to take the charge of it; on 19th September a warrant was granted to the treasurer for eighty-four merks disbursed by him for a mill to the house; and on 3rd October he received one hundred merks to be paid by him, under the direction of the council, to John Porter, master of the house, to enable him to fee servants, and a further sum of three hundred merks to be applied in the purchase of wool and materials, and for a wheel. (fn. 115) On 11th November the master was reimbursed £26 16s. for sustentation of the "younge sonis" and others put therein, and also £16 12s. 8d. sterling for the purchase of more wheels. (fn. 116)
The election of the magistrates and council for the year 1634–5 was made on 30th September, 1634, when, on the nomination of the archbishop, Patrick Bell was elected provost. Immediately after his election the provost with the bailies and council passed an act in which, considering that the first and best burghs of the realm were in use to apply all unlaws paid by transgressors of the town's statutes, "committeris of blood and wrangis, regraitters, foirstalleris, and all other personis quhatsumevir lyable to unlaws for wrang and injure done within the privilege of the burghe" to pious uses, and for the benefit of the burgh, it was ordained that all such unlaws, which were previously due to the provost and bailies, should in future be uplifted and applied exclusively, ad pios vsus, and for the use and common affairs of the town. (fn. 117) Immediately afterwards, from a list of six merchants and three craftsmen presented to him by the council, the archbishop selected Mr. John Dunlop and James Hamilton, merchants, and Ninian Anderson, cordiner, to be bailies, and they were elected accordingly. On the 3rd of October thirteen merchants and twelve craftsmen were elected councillors by the provost and the old and newly elected bailies; and on the 8th, John Barnis was elected dean of guild; Gavin Neisbet, deacon-convener; Ninian Gilhagie, visitor of maltmen and mealmen; and John Marshall, treasurer. (fn. 118)
On 18th October the council considering the necessity for having a man possessing skill and knowledge of such work to take charge of "the great metropolitan kirk of the city," that "faults and decayit pairtis thereof might be timely taken notice of by him," appointed Matthew Colquhoun, wright, to be overseer of the kirk, the keys of which were delivered to him accordingly. (fn. 119) This appointment was followed on 4th July, 1635, by an act of council which set forth the special duties to be performed by Colquhoun, and fixed his salary at £120 Scots (£10 sterling), payable half-yearly, at Whitsunday and Martinmas. (fn. 120)
An entry in the council records, of date 29th November, to the effect that the provost, bailies, and council, "all in ane voce" had "concludit to send to the president twa half barrellis of herring," (fn. 121) refers to what had long been the practice of the town council to send presents of herrings to its law advisers in Edinburgh, and other persons whose friendly services it was considered desirable to propitiate. (fn. 122) The president here referred to was Sir Robert Spotswoode, of New Abbey and Dunnipace, the second son of John, archbishop of St. Andrews. (fn. 123)
In 1635 the magistrates and council were anxious to acquire the lands of Gorbals and Bridgend from Robert, viscount Belhaven, to whom they had been conveyed in January of the previous year by Sir George Elphinstoun, who died in the same year; and on 23rd June Patrick Bell, provost, was authorised to go to Edinburgh and endeavour to negotiate the purchase. (fn. 124) As the result of the negotiation, the council on 8th July agreed to buy the lands at the price of 100,000 merks (£5,555 11s. 1d. sterling) on receiving a valid title, an entry with the superior at the seller's expense, and an undertaking by the seller to use his best efforts to effect an arrangement with the college as regarded the teinds of the lands; (fn. 125) and on 21st July the provost was commissioned to return to Edinburgh and arrange for the purchase on these terms. (fn. 126) From some cause, however, which does not appear, these negotiations failed.
In consequence of the ruinous condition of the kirk of the Blackfriars, which had been conveyed to the college, it was arranged between the town council and the principal and regents, with consent of the archbishop and two of the ministers of the burgh,—one of them being the rector and the other the dean of faculty of the college,—that the fabric of the kirk and the kirkyard should be transferred to the town council, who undertook to repair it; to contribute 2,000 merks to the college towards building its "new wark" and library, to reserve to the college and its students and scholars the seat next best to that of the magistrates, and to allow the kirk itself to be used at the institution of masters, and at all other seasons. (fn. 127) The principal and regents accordingly, by a disposition, dated 4th June, 1635, with the consents before mentioned, conveyed to the burgh, subject to these conditions, the kirk itself with the kirkyard west from the gable of the kirk to the meal market, and a piece of ground eleven ells in breadth along both the south and north walls of the kirk, within the yard called the Blackfriars yard, for enlarging the kirk at their pleasure. On the other hand, the masters of the college undertook to give to the sons of burgesses, while students, four of the new laigh chambers at the college. (fn. 128) This disposition was followed two days afterwards by a contract between the archbishop, with consent of the chapter of the first part, the provost, bailies, and council of the second part, and the principal, regents, and masters of the college of the third part, by which, on a narrative of the arrangement set forth in the previous deed, and of the fact that a sum of money had been raised by the inhabitants to be invested and held by the council, who were to endow a minister with a stipend of one thousand merks (£55 11s. 1d. sterling), (fn. 129) warrant was granted for the resignation of the church into the hands of the provost for a new erection of it in favour of the town, and it was accordingly resigned for that purpose. (fn. 130)
Whether the success which had attended the king's dealings with the tithes in Scotland induced him to think that he could with impunity interfere with and regulate the ecclesiastical arrangements of the country, independently equally of general assemblies and parliament; or whether Laud—in the ascendancy which he had established over Charles—had impressed him with the belief that the Scottish people would submit to have their religious predilections overborne, and an alien service book, moulded in conformity with English ecclesiasticism, forced upon them, does not appear clear. But that he was determined to assimilate the Scottish service to that of England is obvious. With that view he ordered Dr. James Maxwell, one of the ministers of Edinburgh, to bring the draft of the Scottish service book to England, and to submit it to Laud, who advised the king to "take the English liturgy without any variation, that so the same service book might be established in all his Majesty's dominions." Maxwell, however, warned Laud of the dangerous consequences of such action, but he adhered to his resolution, and so advised Charles, who approved of the advice. During the king's visit to Scotland to be crowned, and to attend his first parliament, he manifested his resolution to follow the advice of Laud, whose elevation to the archbishopric of Canterbury shortly after his return to England only gave him greater power. Doubtless also, to one of the æsthetic taste of Charles, the plainness of the presbyterian form of worship, the long extempore prayers, and the protracted sermons of the ministers were an offence and weariness. It was under these combined influences that, on 13th May, 1634, he wrote to the Scottish bishops that there was "nothing more defective in that (the Scottish) church than the want of a book of common prayer and uniform service to be kept in all the churches thereof, and the want of canons for the uniformity of the same," and required them "to condescend upon a form of church service to be used therein, and to set down canons for the uniformity of the discipline thereof." (fn. 131) This was followed early in the following year by the submission to Laud and Juxon (fn. 132) of a draft of canons for the Scottish church, and to Laud and Wren (fn. 133) of a draft of a new prayer book, and these, as altered and adjusted by the English prelates, were afterwards submitted to the Scottish bishops for their approval.
On 23rd May, 1635, the king sanctioned "Canons and Constitutions ecclesiastical for the government of the church of Scotland," and ordained them to be observed by the clergy and all others whom they concerned. But they were not issued till the following year. By these canons it was, inter alia, set forth that "whosoever should affirm that the king had not the same authority in causes ecclesiastical as 'the godly kings had amongst the Jews and Christian emperors in the primitive church,' or impeach, in any point, his royal supremacy in causes ecclesiastical, should be excommunicated, and restored only by the archbishop of the province, after repentance and public revocation of his errors." "Whosoever should affirm that the doctrine of the church of Scotland, the form of worship contained in the book of common prayer and administration of the sacraments, the rites and ceremonies of the church, its government under his majesty by archbishops, bishops, and others bearing office therein, and the form of making and consecrating archbishops, bishops, presbyters, and deacons, as established under his majesty's authority, contained anything repugnant to the Scriptures, or were corrupt, superstitious, or unlawful in the service and worship of God, should be excommunicated, and not restored but by the bishop of the place, or the archbishop of the province, after repentance and public revocation of his errors." No layman, whatever were his gifts of learning, knowledge, or holiness, was to exercise any of the functions of presbyters or deacons without previous ordination and the licence of the ordinary. No lay persons were to minister the sacraments under the pain of excommunication. Every person was to communicate with his own presbyter once a year at least, and the sacrament was to be received with bowing of the knee. All conventicles and secret meetings of churchmen were forbidden, and it was declared that the decrees in matters ecclesiastical of national synods called by the king's authority should bind all persons, whether absent or present, to obedience. All persons were to kneel when the confession and other prayers were read, and to stand up at the singing of the creed. No presbyter or reader was "to conceive prayers extempore," or to use any other form in the public liturgy than that prescribed, under pain of deprivation. The keeping of fasts on Sundays was declared to be unlawful, and the "things pertaining to the church" were carefully prescribed. Every church was to be provided, at the expense of the parish, with a Bible and book of common prayer, with a font to be placed near the door, and a cloth of fine linen for baptism—with a comely and decent table for the holy communion to be placed at the upper end of the church or chancel, and to be covered during divine service with a carpet of decent stuff, and during ministration with a white linen cloth—with basins, cups, or chalices of some pure metal set on the table, and reserved to that use only, and with a pulpit and alms chest. (fn. 134) Such were the Scottish canons framed on the model of the English canons of 1604, and revised by Laud and Juxon. No attempt was made to have them considered or approved by an assembly of the church of Scotland, and whatever authority they claimed was derived exclusively from the sanction of the king. In this respect they are unique—" a complete code of laws for the government of a church, issued by a sovereign without official consultation with the responsible representatives of that church, being unexampled in European history." (fn. 135) All that could be said on their behalf as being invested with ecclesiastical authority, was that the Aberdeen assembly of 1616, in sanctioning the preparation of a new book of canons, (fn. 136) had authorised it to be drawn furth of the books of former assemblies, and where these were defective the defects were to be supplied by canons of councils and ecclesiastical conventions in former times. (fn. 137) This, however, did not point to the establishment of a liturgy, but to the improvement of one in use by a committee appointed by the assembly. It is noticeable also that these canons required obedience, under the pain of excommunication, to a liturgy not then published.
On 6th October, 1635, the bailies and council, on the nomination of the archbishop, re-elected Patrick Bell to be provost; and from a leet presented to the archbishop by the provost, bailies, and council, he selected Colin Campbell and Henry Glen, merchants, and Gavin Nisbet, craftsman, to be bailies for the following year, and they were elected accordingly; on the 9th the old magistrates and those in office elected thirteen merchants and twelve craftsmen to be councillors, and on the 14th John Barnis was elected dean of guild; Ninian Gilhagie, deacon convener; William Wilson, visitor of maltmen and mealmen; John Anderson, treasurer; and Peter Gemmill, master of works. (fn. 138)
In the tax roll of the burghs set down by the particular convention held at Edinburgh in this month, the six largest burghs' parts of taxation in respect of each £100 levied was stated to be as follows:—Edinburgh, £28 15s.; Dundee, £9 6s. 8d.; Aberdeen, £8; Perth and Glasgow, each £5 10s.; and St. Andrews, £3. (fn. 139)
On 25th November the town council, considering the great contempt into which the office of water bailie had fallen by the admission to it of "divers decayed and depauperat persons," and being desirous to restore it "to the old worthie and laudable estait quhairin it once wes," determined to elect to it "ane of the best suit and rank of the counsell," and to set down the form of his election and the jurisdiction appertaining to the office. Three days later Walter Stirling was elected water bailie till Michaelmas following, (fn. 140) and on 12th December it was resolved that in future " a special honest man of guid qualitie," and a burgess, should be elected water bailie, along with the dean of guild and deacon convener. The river bailie so elected, it was declared, should have power to set down prices upon the "killeing" [cod], and take order with and punish the "coopers" [dealers] and other sellers of herrings and other fishes, and all persons who violated the acts made and to be made anent the river, and to take caution of every such person to appear before the provost, bailies, and river bailie on a court day for judgment. The fines to be imposed and levied by the river bailie were ordered to be applied to pious uses, and the water sergeants were subjected to his command. He was appointed to be an ordinary councillor of the burgh during his tenure of office, for a year or at most for two years; he was empowered to depose the water sergeants for proved wrongs and to elect others with the advice of the magistrates and council; he was required to prevent his sergeants from taking more than their just dues; and also to cause them to collect and distribute truly the duties of the leper hospital beyond the bridge. (fn. 141) On 19th December Colin Campbell, younger, was elected water bailie, to hold office till the next election of the dean of guild and deacon convener, and an annual fee of £10 was appointed to be paid to the water bailie, along with the fees to the provost and bailies. (fn. 142)