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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The estates sat in Edinburgh from 7th January till 8th March, 1645; (fn. 1) in Stirling from 8th till 11th July; (fn. 2) in Perth from 24th July till 7th August; (fn. 3) and in St. Andrews from 26th November, 1645, till 3rd November, 1646. (fn. 4)
On 15th February proclamation was ordered to be made of the fact that the estates had, on the 15th and 29th of the previous July, (fn. 5) ordained an excise to be imposed upon the kingdom for defraying the great charges lying upon it, and had directed the magistrates of burghs to appoint collectors for ingathering the tax. In obedience to this order, the town council appointed collectors of excise for ale, beer, and aqua-vitæ, for wine, for tobacco and all other exciseable merchant goods, and for flesh slain within the town, or brought from landward. The inhabitants were therefore required, under the highest pain, and the doubling of their excise, to come, as warned, to the tolbooth, bringing with them the moneys due for the excise since the beginning of the month, and since the preceding Lammas. (fn. 6)
The other demands made on the town during this year for the quartering of soldiers and loans to the estates were frequent. On 17th February, £37 4s. were directed to be paid for entertaining the troopers that came into the town with the marquis of Argyle. (fn. 7) On 22nd March £43 6s. were ordered to be paid for the troopers who came in with "old Colonel Kinloch;" for the officers that went with them to Linlithgow; and for their horse hires. (fn. 8) On 12th July £2,980 (£249 3s. 4d. sterling) were raised by stent for March, April, and May, and were applied partly in quartering Colonel Home's regiment, "partly [given] to Cowdone," and the remainder was paid to the dean of guild and deacon convener. (fn. 9) And on 20th September the dean of guild, deacon convener, treasurer, and five others were appointed to stent the inhabitants for the payment daily of £73 12s. to the officers of the staff of the earl of Lanark's regiment of horse quartered in the town. (fn. 10)
On 27th February the estates passed an act in which, after referring to the injury and danger which the country had sustained by the invasion of the Irish "rebels and our unnatural countrymen," and to the necessity not only for putting the country "in a just posture of defence," but also of establishing a settled way for prosecuting the war against these invaders in a hostile manner, to their utter overthrow and destruction, they provided for the maintenance of a military force, by requiring each county and burgh to raise and maintain a certain number of soldiers proportioned, apparently, to its population, at a rate of nine pounds Scots per man for every month of thirty days. The county of Lanark, under this arrangement, was required to raise and maintain 598 men, at a cost of £5,382 Scots per month, while the burgh of Glasgow had to provide 110 men, at a cost of £990 Scots per month. (fn. 11) Upon the assumption that, under this arrangement, one soldier was to be provided for every sixty of the population of the several burghs, Dr. Robert Chambers estimated that Edinburgh at this time had a population of 34,440, while Glasgow and Perth had each 6,600; Stirling and Haddington each 2,160; Ayr, 2,460; Dundee, 11,160; Inverness, 2,400; St. Andrews, 3,600; Dumfries, 2,640; and Montrose, 3,180. (fn. 12)
On 7th March Mathew Hamilton, Manasses Lyill, John Symson, John Orr, and Thomas Shaw, merchants in Glasgow, petitioned the estates, setting forth (1) that in 1641 their ship called "The Merrie Katherine" had been sunk in the Clyde to bar the passage of the king's ships from victualling the castle of Dumbarton; and (2) that having had a new ship called "The Antelope" built and furnished on her first voyage to Bordeaux, she had been employed on her return, by order of the estates, in watching the Irish invaders from May till January, but had been wrecked in the entry to Lochaber; that the petitioners had in consequence lost £20,000 Scots, and had been deprived of their whole means of living unless compensation were made to them. On the report of a committee the estates ordered the claimants to retain a ship worth £340 sterling, given them by the marquis of Argyle, and to be paid £100 sterling. (fn. 13)
In the execution of his determination to meet the covenanting army under the command of General Baillie and Sir John Hurry, Montrose marched southwards from Inverness early in 1645. But as he proceeded the desertions from his force became frequent, so that, when he reached Dunkeld, he retained only 600 foot and 200 horse. (fn. 14) With these, however, he determined to attack Dundee, which was a stronghold of the covenant, and, leaving Dunkeld on 3rd April, he stormed the town. (fn. 15) But while his men were engaged in plundering it, he learned that Baillie and Hurry were in the vicinity, and he immediately retreated to the Grampians, where he received strong reinforcements. (fn. 16) Learning, however, that Hurry had gone to the north to deal with the Gordons, while Baillie occupied Perth, he slipped between the two sections of the covenanting army, and encamped at Auldearn, between Inverness and Elgin. Here, on the 9th of May, Hurry hoped to surprise Montrose, and made a night march with that object, but Montrose having been informed of his approach, was prepared to receive him, and inflicted a severe defeat on his enemy. Most of the covenanting foot were killed, and Hurry, with his cavalry, escaping to Inverness, afterwards joined Baillie. (fn. 17) A fresh covenanting army was then despatched to the north under John Lindsay, earl of Crawford and Lindsay, and Montrose retreated to the hills till his force, which had been weakened by desertions, could be recruited. Instead, however, of attacking Montrose, Lindsay marched into Athole to harry the lands there, leaving Baillie—with whom the estates had associated Argyle, Balfour of Burleigh, Elcho, and others, as a committee of advisers— in a strong position at Keith. Seeing that from this position Baillie could not be dislodged, Montrose advanced towards the lowlands and took up a position at Alford. This movement compelled Baillie to follow him, with the intention of giving him battle before he was reinforced. But on coming within sight of Montrose on 2nd July, and observing the strength of his position, Baillie would have retired had the committee of the estates not urged an immediate attack. Thus pressed, he crossed the river which lay between him and the enemy, and advanced to the attack. But here, again, Montrose achieved a signal victory. (fn. 18) Lindsay's force was thus left as the sole army of the covenant. But six days after the battle of Alford the estates ordered 8,800 foot and 485 horse to be raised south of the Tay, and mustered at Perth, to which town parliament had been transferred on the 24th of July. This army was placed under the command of Baillie, against his wish, and the former committee of advice was associated with him. (fn. 19) Montrose, too, received important reinforcements, and was ready early in August to take the field. Meanwhile, the defeat of the king at Naseby on 14th June had lost him his infantry, his whole train of artillery, and 500 of his officers, (fn. 20) and followed as it was in rapid succession by other parliamentary victories, the authority of parliament was established over the greater part of England. (fn. 21)
On 28th June, moreover, Carlisle surrendered to the Scottish army under the earl of Leven, and was occupied by a Scottish garrison. Leven then advanced to the south, and established himself, on 8th June, at Alcester. But a growing feeling of dissatisfaction had sprung up between the English parliament and the Scots—the former complaining that the latter had accomplished little since the fall of Carlisle, while their exactions in the districts which they occupied were oppressive, and the latter complaining of bad faith on the part of the former in not being paid the moneys to which they were entitled for the services they had rendered and were rendering to the parliament. These differences induced the Scots to reopen negotiations with the king, but as they insisted on the establishment of presbyterianism in England, he refused to treat on such a basis, and the negotiations were abandoned.
Meanwhile it was obvious that unless Montrose could effect a junction of his forces with the English royalists, the condition and prospects of the latter were hopeless, and such a junction could only be effected if he succeeded in striking an effective blow for his sovereign south of the Forth. To accomplish this he left Dunkeld, and, crossing the Forth above Stirling, arrived at Kilsyth on the 14th of August, followed by the army under Baillie, who bivouacked within three miles of Montrose. The covenanters were numerically stronger than the royalists, having 6,000 foot and 800 horse, while Montrose had only about 4,000 foot and 500 horse. Nevertheless, Baillie would have waited for the reinforcements which were on the march to join him, but to this delay the committee of advice would not listen, and, contrary to his warning, gave Baillie orders to attack. Disclaiming all responsibility for the result, he proceeded to carry out his orders, and the result was fatal to the covenanters. Their levies were routed and slaughtered, while the committee fled, some to Stirling, and some to the Forth, where they took ship for Berwick. (fn. 22) Among the latter was Argyle. Montrose then marched to Glasgow, of which town he had, before the battle of Kilsyth, promised his troops the plunder, believing the citizens to be opposed to the king. After the battle, however, he sent a letter to them, promising protection, and, on his approach, he was met by a deputation, who assured him of their submission, and offered him 1,000 double pieces, equivalent in value to £500, to be divided among his followers. (fn. 23) But on entering the town on 16th August, and seeing what they deemed to be its wealth, the cupidity of the Highlanders and Irishmen was excited, and they disregarded the promised protection. To check the plundering which followed, Montrose executed a number of the worst offenders, but finding that his orders continued to be disregarded, he, on the 18th, withdrew his troops to Bothwell, (fn. 24) in the castle of which he received complimentary addresses from all parts of Scotland, and declarations of loyalty and offers of service were tendered by a number of noblemen and gentlemen in person. The counties of Renfrew and Ayr also offered their allegiance, imputing their previous disaffection to the influence of their ministers. On the 20th he summoned a parliament to meet in October, and in a few days Edinburgh and the south of Scotland acknowledged his authority as the king's lieutenant. As a meeting of parliament in Glasgow would entail an expense upon the citizens which they were ill able to bear, they appealed to Montrose to relieve them of the £500 which they had offered, and he agreed to do so, promising his troops that they should, ere long, be better rewarded. But the consequences were serious. The Highlanders deserted so rapidly, and in such numbers, that in a few days not one was to be seen in his camp. (fn. 25) Dissension also broke out there, with the result that of the army which fought at Kilsyth only about 580 remained, and with these, breaking up his camp at Bothwell, he marched towards the border, on his way to which, he expected to receive reinforcements, and afterwards hoped to join forces with the king. (fn. 26) But the disasters which Montrose had inflicted upon the covenanting forces in Scotland had infuriated the Scottish forces in England, and with 4,000 horsemen, David Leslie—who had achieved a brilliant reputation as a cavalry officer—pressed northwards to meet him, and was joined by 2,000 foot from Newcastle. (fn. 27) Montrose received intelligence of their approach when at Kelso, and retired to Selkirk, where he arrived on the evening of 12th September, and the main body of his force, which had been increased by reinforcements to about 2,000 men, encamped at Philiphaugh, on the left bank of the Ettrick, while Montrose himself, with his principal officers and a large portion of his cavalry, remained in the town, on the opposite bank. The night was dark, and the following morning was misty, so that Leslie, with his force of 6,000 or 7,000 men, was enabled to creep up unobserved till within a mile of the royalists, when he dashed in upon them as they were preparing for early parade. Intelligence of the attack having been conveyed to Montrose while at breakfast, he leaped into his saddle, and followed by his officers and a few of his cavalry, crossed the river to find his left wing routed, His Irish troops, however, stood firm, and Montrose, at the head of 150 horsemen, twice charged and drove back Leslie's squadron. But a portion of the covenanting troops, which had crossed the river above Selkirk, attacked Montrose's right wing from the rear, and he and his friends, with about fifty horsemen, breaking through their opponents, galloped off the field. (fn. 28) The slaughter that followed was terrible, and prisoners were brought out and shot next day in cold blood. (fn. 29) On Leslie's march to Glasgow many prisoners were taken, and then commenced a series of executions. The Irish officers captured at Philiphaugh were hanged in Edinburgh without trial. Sir William Rollo, Sir Philip Nisbet, and Alexander Ogilvey of Innerquharity, a youth not eighteen years of age, were beheaded at Glasgow, the first on the 28th, and the others on 29th October. (fn. 30) When intelligence of these executions reached Montrose, who had gone to the north, and had there succeeded in raising a force, he hurried, with about 1,200 foot and 300 horse, into the Lennox and the neighbourhood of Glasgow, in which city the committee of the estates were guarded by 3,000 of Leslie's cavalry, and for nearly a month he ineffectually endeavoured to induce Leslie to give him battle. He also, says Napier, "daily threatened the town in the most daring manner." But about the 19th of November he returned to Athole. (fn. 31) The execution of the other prisoners was delayed till the meeting of parliament at St. Andrews, which commenced on 26th November. (fn. 32) But on 23rd December all the Irish prisoners taken at and after the rout at Philliphaugh, and then in confinement, especially in the prisons of Selkirk, Jedburgh, Glasgow, Dumbarton, and Perth, were ordered to be executed without any assize or process, in conformity with the treaty between Scotland and England. (fn. 33) On 16th January, 1646, Sir Robert Spottiswood, son of the archbishop, lord Ogilvie, eldest son of the earl of Airlie, William Murray, brother of the earl of Tullibardine, Nathanial Gordon, son of John Gordon of Ardlogy, and Andrew Guthrie, son of the bishop of Moray, were ordered to be executed at St. Andrews; on the following day sentence of forfeiture was pronounced upon them in their presence; (fn. 34) and on the 20th all of them, except lord Airlie, who escaped from prison, were beheaded.
During his stay in the town, Leslie, it is said, behaved with great civility to the citizens, "though he jeeringly borrowed from them £20,000 Scots (£1,666 13s. 4d. sterling), as the interest, so he termed it, of 50,000 merks £2,777 15s. 6d. sterling), which it was alleged they had lent to Montrose. (fn. 35) Be that as it may, the records of the town council show that on 27th September, 1645, the magistrates and council, in obedience to an order of the estates, dated the 19th of the month, agreed to advance, for the use of the public, £20,000. But as the common good was unable to meet the payment, the amount was borrowed from various citizens, and the sums advanced by each were to be allowed out of "the first end of their excise, or otherwise in conformity with the act of estates," the magistrates and council, meanwhile, obliging themselves and their successors to grant a bond to each of the lenders for the sums lent, and for the interest, from and after Martinmas following, and undertaking that the sums lent should be paid before any other debt. (fn. 36)
On 29th September the council ordained the magistrates to be chosen annually in future, on the Tuesday immediately after Michaelmas, according to old use and wont; and on the following day they met for that purpose, when the earl of Lanark, as commissioner for the committee of estates, discharged Gilbert Marshall, Daniel Wallace, and Thomas Pollok—"who were joined in commission with the commissary to capitulate with James Graham" (marquis of Montrose)—of any public charge within the burgh, and also discharged James Bell of his office of provost until further trial. Further, the earl desired to know from the three bailies and town councillors whether they would, for the preservation of the liberties of the burgh, proceed at once to the leeting of magistrates from persons other than the then councillors. After deliberation, the bailies and council, pleading their oaths of office to defend the whole liberties and privileges of the burgh, declared their inability to comply with the demand thus made upon them as being inconsistent with the immemorial practice sanctioned by the laws of burghs and acts of parliament, and their resolution to stand firm to the old order. This being communicated to the earl, he departed, leaving a paper in which, after referring to the resolution of the council and the terms of his commission, he set forth that by their depositions of 29th September the provost, bailies, and whole council (except George Porterfield) were accessory to the capitulation with Graham, and he prohibited the council from proceeding with the election of any councillors, or others who had been accessory to that capitulation, to any public office within the burgh until the pleasure of the estates was communicated to them. Thereupon, bailie John Anderson, for himself and on behalf of the whole council and community, protested that the delay in electing magistrates on that day in the accustomed manner should not prejudice the liberties and privileges of the burgh. (fn. 37) On 11th October Sir William Baillie of Lamington, Sir James Lockhart of Lee, Sir William Carmichael, and other members of the committee of Clydesdale, produced a letter from the committee of estates, directing them to see the magistrates accepting their charges and taking their oaths for the faithful discharge of their duties. They also produced a letter from the committee of estates, addressed to the burgesses, containing a list of persons whom they desired to be appointed provost, bailies, and councillors, viz., George Porterfield to be provost, (fn. 38) Robert Hamilton and Peter Johnston to be bailies, and twelve merchants and twelve craftsmen to be councillors. On this list being read the old provost, bailies, and councillors protested that such election should not derogate from the ancient and statutory liberties of the burgh, seeing that all or most of the persons so nominated either were accessory, along with those charged, to the capitulation with Montrose, or would have been if they had been present. Those of the merchant rank in the old council also protested that the new election and nomination should not prejudice that rank by reason only of one merchant instead of two being nominated for the bailieship, and twelve councillors of that rank instead of thirteen. Thereafter, the old provost, bailies, and councillors being removed, the list proposed by the committee of estates was again read, and each person nominated in it was called on, when all accepted the office to which they were severally nominated, except James Lochhead, Peter Patoune, and Mathew Wilson, who were absent. The acceptors thereupon took the usual oath. After the commissioners had retired, Henry Gibson, town-clerk, produced a letter from the earl of Lanark to the provost, magistrates, and council, dated Perth, 27th September, intimating the desire of the committee of estates that the town should choose no magistrates or commissioners to parliament who had treated with Montrose, or had received protection from him. (fn. 39) On 15th October leets for the office of dean of guild and deacon convener were presented to the town council, when, after deliberation, they decided that in respect of the orders of the committee of estates none of the persons named in these leets could be chosen. Intimation was accordingly made to the persons who had presented the leets that the election must be delayed till communication was had with the committee of estates. Protests were thereupon taken by the merchants that if effect was not given to the leet for the dean of guild and any other order were taken, the liberties of the guildry should not be thereby prejudiced. For the crafts it was protested that if their leet was not accepted, in terms of the letter of guildry and invariable practice, they should not be subject to acknowledge any other person whom the council might appoint, and that it should be lawful to them to choose their own deacon convener. The provost then protested that the council's action was prescribed by the committee of estates, and he was appointed to see the committee of estates on the subject. (fn. 40) On the same day the town council appointed five persons to repair to the whole body of the merchants and crafts, and ascertain whether they, or any of them, adhered to these leets and to the protestations taken by some of their members in their names, and to require of such as did not adhere thereto to evidence their non-adherence by subscribing a paper of which a form was given. If any of the persons so appealed to, either pertinaciously adhered to the protestations or refused to declare themselves, then the five persons so appointed were directed to take instruments in the hands of a notary before witnesses, and report their diligence, that notice might be given to the committee of estates. (fn. 41) What the result of this appeal was does not appear, but on the 18th the council elected Andrew Cuninghame to be dean of guild, Ninian Gilhagie to be deacon convener, Robert Mack to be water bailie, Peter Cuming to be master of work, and Andrew Mudie to be treasurer. On the same day, holding Henry Gibson to be among those against whom the letter from the committee of estates was directed, they deposed him from his office of town clerk, and appointed William Yair, notary, to exercise that office till they had decided whether they would continue Gibson in the office or appoint another to it. Gibson thereupon protested that his deposition should not be prejudicial to his appointment as town clerk, and declared that the only thing he did in regard to the capitulation, for which alone he was challenged, was to subscribe, at the command of the magistrates and council, a commission to those appointed to "speik the enemie for the saiftie of the toune." He added, moreover, that neither in public nor in private did he consult, commune, or give advice in regard to the capitulation. His protest was followed by a counter protest by the provost, to the effect that the town clerk fell "alsweill under the compass of the letter direct by the estates to the burgesses as [did] the old magistrates and council." Walter Bryce was on the same day elected visitor of the burgh. (fn. 42) On the 21st the council, in virtue of a letter from the committee of estates, dated the 17th, elected Gabriel Cuningham, merchant, late provost, to be a councillor of the merchant rank, in place of one that was wanting of the proper number, and James Stewart, merchant, late provost, to be another councillor of the merchant rank, in place of Peter Paton, who had previously been nominated by the committee but had declined to accept office. They also elected Ninian Anderson, younger, merchant, to be one of the bailies, and John Sprewll, notary, to be town clerk, (fn. 43) on the conditions set forth in an act of 15th November. (fn. 44)
In November the committee of estates made an order on the town council to supply 500 bolls of meal for the use of the people engaged in casting a trench around the city, (fn. 45) and authorised the cost to be repaid out of sums which the provost was to receive for the use of the public. Finding, however, that meal could not be conveniently obtained, the council, on the 15th, resolved to pay every man engaged in the work 10s. Scots, in lieu of the peck of meal which he was appointed to get, and John Graham was directed to advance the money out of the excise till it was repaid. (fn. 46)
On 29th November John Graham was ordered to advance to the officers of dragoons, then in the town, out of the first of the excise money, two months' maintenance, in conformity with an order of the committee of estates; (fn. 47) and on 13th December the bailies were appointed to use their utmost diligence in collecting the six months' maintenance owing by the inhabitants. They were further directed, as they obtained payment, to pay all persons who had claims for quartering the dragoons, under deduction of such sums as were due by them for "scalf money" and monthly maintenance. (fn. 48)
On 15th December four persons were appointed to report on the losses sustained by the town through the cutting and plundering of corn; and the quartermasters were ordered to take up all the quarterings, both by the enemy and by the forces of the estates. Three persons were also directed to make up a note of the goods which had been plundered, and four persons were appointed to report on the losses sustained by the citizens through the casting of the trench, with a view to the losses from all these causes being reported to parliament and included in the common burdens. (fn. 49)
On 18th December the estates ordered a garrison of 800 foot and a troop of horse to be stationed in the city; (fn. 50) and appointed magazines of victuals, ammunition, and arms to be provided and kept in Glasgow. (fn. 51)
Early in 1645 the plague, against which the town council took precautions in November of the preceding year, appeared in Edinburgh, Kelso, Perth, and other places, and the town council as a further precaution, on 20th December, ordered a townsman to watch at each port from 7 a.m. till 10 p.m., to examine the testimonials of persons seeking entrance into the burgh. (fn. 52)
Secret negotiations had for some time previously taken place with the king both by the presbyterians and independents, with a view to an arrange ment with them respectively, but these negotiations fell through, and, as time progressed, the position of Charles became more and more desperate. One fortified post after another fell into the hands of the parliamentary forces. On 17th December they captured the city of Hereford; Chester was blocked up, and the hopes the king had entertained of assistance from Ireland and from France were dissipated. Under these circumstances the proposals for an arrangement with the Scots were renewed, and he was urged to betake himself to their army at Newark. But his opposition to the establishment of presbyterianism in England, insisted on by the Scots, was invincible, and he declared that he would rather lose his crown than his soul—his salvation depending, in his judgment, on his adherence to episcopacy. In the beginning of 1646, however, his views, as propounded to the English parliament, were somewhat modified. He was prepared to concede that the religious disputes in England should be adjusted by a national synod, and that presbyterianism should receive toleration. But parliament had lost confidence in him, and, on 16th January they rejected his proposals for religious compromise, and their irritation was deepened by intelligence—from Ireland of the conclusion of negotiations between him and the catholics—from Italy of negotiations by his agent with the pope—and from France of the queen's effort to secure the cooperation of the queen regent and her minister, Mazarin.
On 17th January, 1646, the bailies of Glasgow were directed to pay the town's people for quartering those soldiers, other than officers, who had been quartered there since lieutenant-general Leslie left it with his troops; and these payments were ordered to be made out of the excise, or any other money belonging to the town. (fn. 53) On the 27th the estates fixed the monthly contribution by the burgh towards the maintenance of the forces levied and to be levied at £990 Scots (£82 10s. sterling) for eight months after 1st December, 1645, (fn. 54) and, on 2nd February, they appointed the provost and bailies to be on the committee of war for Lanarkshire. (fn. 55) On 4th February the estates also ordered the provost, George Porterfied, to provide 2,000 bolls of oatmeal for the use of the garrison and forces in the town—the cost to be paid out of the first and readiest of the fines levied within the sheriffdom of Lanark, or out of the monthly maintenance. (fn. 56) And on the same day they remitted and recommended to the committee of moneys the supplication of the town craving payment of the sums indebted by the country to the burgh, conform to the accounts and instructions (fn. 57) On the 7th two keepers of the town's magazine were appointed, and all powder, ball, and other arms and ammunition were ordered to be brought into the Tolbooth and placed under their charge, to be furthcoming either for the price or delivery thereof; and it was agreed that the town council should pay for whatever arms or ammunition were employed in the town's service, in case such of the inhabitants as received the same did not do so. The keepers were also ordered to provide and mount the arms they had with all possible speed. (fn. 58) On 11th March the town clerk was appointed to ride to Edinburgh with an answer to a letter from the committee of estates as to putting out the dragoons as craved by the committee. (fn. 59) On the 24th £500 were ordered to be advanced to the officers of Baillie's regiment, then in the town, the quarters of themselves and their horses being retained; (fn. 60) and on the 28th all the arms lent out of the Tolbooth were ordered to be brought in. (fn. 61) On 18th April fifty-four swords which had been given out to be "dressit" were appointed to be laid up, and 40s. were authorised to be paid for dressing each, amounting in all to £108; (fn. 62) and on the 25th £30 0s. 4d. disbursed on the occasion of several officers of general Baillie's regiment being made burgesses were ordered to be paid. (fn. 63) On 13th July £24 were appointed to be paid for disbursements when colonel Kerr was made burgess, and for the hire of four horses. On 1st August £24 were ordered to be paid for dressing muskets for the regiment; (fn. 64) and on the 29th an account of £13 4s. for wines, confections, and other commodities provided on the occasion of lieutenant-colonel Kerr and others being made burgesses was also ordered to be paid. (fn. 65) On 5th September £200 were ordered to be expended in buying 104 picks to be stored in the town's magazine; and on the 19th £12 were appointed to be paid for bringing home some picks from Edinburgh, and for other disbursements. (fn. 66)
The work at the trenches appears to have been still in progress in April, 1646, and the presbytery of Lanark and other presbyteries seem to have been liable to contribute to it, either by providing men or money. (fn. 67) On 9th May all the inhabitants were ordered to come out to the works every Monday, and masters of families were required to provide the necessary materials for their servants. Failure to comply with this order was appointed to be treated as disaffection, and to be punished according to the discretion of the magistrates. Moreover, to ensure the order receiving effect, it was arranged that till the work was finished the weekly religious exercises should be conducted on Wednesday instead of Monday; that the change should be intimated from the various pulpits; and that the people should be exhorted to forward the work in person. (fn. 68) On 16th June a port was ordered to be built beyond the Gallowgate burn, "answerable to the cast of the trench at that place." On 13th July £40 were ordered to be paid for building the west port, and £30 for the east port, (fn. 69) and on 8th August the magistrates were ordered to take up a list of all the horses in the town, and to cause a competent number of them to serve weekly at the trench. For this service the owners of the animals were appointed to be relieved of watching and service at the trench. (fn. 70)
On 9th April (1646) Exeter surrendered to the parliamentary army under Fairfax; on the 15th St. Michael's Mount, and on the 20th Barnstaple and Doncaster castle submitted. The king's prospects were now so dark that he resolved to go to the Scottish camp if he found he would be received on fit conditions. On the 26th, therefore, he took leave of his council at Oxford, and assuming the disguise of a servant, with his beard and hair closely trimmed, he left the city early in the morning, in apparent attendance upon Ashburnham and Hudson, and on the 30th reached Downham, where he remained till he should hear what the Scots were prepared to do. They refused, however, to give any written assurances, but expressed verbal approval of the terms of a writing prepared by Montreuil, the French agent, who was acting in his interest. Notwithstanding the indefiniteness in some respects of this writing—an indefiniteness which both the king and the Scots may have considered advantageous in view of possible eventualities—Charles resolved to go to their camp, and, on the morning of the 5th of May, arrived at the lodgings of Montreuil in Southwell. (fn. 71) Here he was visited on the same day by the earl of Lothian, who required him to surrender Newark, to sign the covenant, to order the establishment of presbyterianism in England and Ireland, and to order Montrose to lay down his arms. To all these demands the king gave a refusal, and he was thereupon removed to the headquarters of David Leslie, who was in command of the army, Leven having taken up his quarters at Newcastle. (fn. 72) There he was treated as a prisoner, and communication with his friends by letter was rendered impossible. Two days later Leslie left Newark and proceeded with the king to Newcastle. (fn. 73) On the 9th Banbury Castle submitted to the parliament, and on the 19th the king directed Montrose, by a letter which reached him on the 30th, to disband his troops and go to France. (fn. 74) On the 24th of June Oxford also was surrendered. (fn. 75) Meanwhile pressure was put on Charles to induce him to comply with the requirements of the Scots, but without effect, and on 11th June he again appealed to the English parliament to permit him to come to London and co-operate in the work of peace. In evidence of his sincerity he also transmitted to them orders directing the commanders of the various fortresses who still held out for him to surrender them without delay. (fn. 76) This overture was met, on 13th July, by nineteen propositions which were appointed to be submitted to the king by two lords and four commissioners, and they were ordered to obtain his consent to them within ten days after being communi cated to him, or at the termination of that time to return without further negotiation. (fn. 77) The propositions were placed before the king at Newcastle on 30th July, and the representative of France, the duke of Hamilton, the marquis of Argyle, and the Scottish commissioners urged him to accept not the propositions but substantially the milder terms which Sir Robert Murray, on behalf of the Scots, had proposed to him in March. (fn. 78) The Scottish terms, however, equally with the English propositions, involved the establishment of presbyterianism in England, and to this he would not listen, though the queen, catholic as she was, urged him to accept presbyterianism without the covenant. (fn. 79) Had he done so, the distinct assurances given him, and the subsequent action of the Scots towards himself and his son, leaves no room for doubt that they would have taken him to Scotland as the presbyterian king of a presbyterian people, though their doing so would doubtless have involved a rupture, and, possibly, a bitter war with England. (fn. 80) But his refusal alienated them, and, on 12th August, they offered the English parliament to withdraw their forces on receiving satisfaction for the expenses to which they had been put, and suggested a conference as to the best way of disposing of the king. (fn. 81) As regarded the money payment, they agreed, after much discussion, to accept £400,000—and this amount was voted on 1st September—one half to be paid before they left England, the remainder by instalments at fixed intervals. (fn. 82) Even at this time, however, they renewed their appeal to the king to accept their proposals, and their proffers of support if he did so, but he was obdurate, and they had to return in September and report their failure to the estates. Meanwhile Montrose left Scotland on 3rd September, disguised in a coarse habit, and passing as an attendant on James Wood, a clergyman, who accompanied him, and landed at Bergen in Norway. (fn. 83) On the 20th a joint committee of the lords and commons was appointed to confer with the Scottish commissioners as to how the king's person could be disposed of. (fn. 84) But even at this stage the Scots were reluctant to abandon the hope of his coming to terms, and after the estates met in Edinburgh on 3rd November, they, under the influence of Hamilton, passed a resolution, on 16th December, avowing their determination to maintain monarchical government in his majesty's person and posterity, and his just title to the crown of England. (fn. 85) But this determination was dependent on the king subscribing the covenant, and accepting the propositions submitted to him at Newcastle by the English parliament. If he would not do this, then he could not be permitted to come to Scotland, and, even if deposed in England, would not be assisted by the Scots. (fn. 86) Still the king adhered to his refusal to establish presbyterianism, and contemplated escape to the continent, but his project became known, and the Scots redoubled their precautions to defeat it. Finding that there was no hope of his coming to terms, the estates, on 16th January, 1647, agreed to surrender him to the English parliament. On the 30th the Scottish army received £100,000, the first instalment of the stipulated payment; on the 3rd, the second instalment of the same amount was paid; and by the 11th every Scottish garrison had been delivered up, and every Scottish soldier had crossed the Tweed. (fn. 87) The king had deliberately gone to the Scottish army in the hope of being able to create a rupture between England and Scotland. He had deliberately resisted every effort which the Scots had made to induce him to accept the terms which, from the first, they had indicated. They had undertaken, if he did accept them, to incur all the risks of a rupture with England, and to support, by every means, his efforts to establish his authority. He had again and again rejected those offers, and had so deprived himself of all claim upon them, and so, unhappy as was the alternative, Charles was surrendered to the English parliament, and on 3rd February set out from Newcastle under the guardianship of parliamentary commissioners. (fn. 88) It must also be borne in mind that at this time no ground existed for entertaining any doubt as to the king's personal safety while in the hands of the English parliament.
On 19th September £1,000 were ordered to be taken out of the money lying in the tolbooth, and applied towards paying for the quartering of the soldiers in the town. (fn. 89)
On 9th September the committee of estates passed an act in which—on the narrative that they had received a petition from the magistrates and tradesmen of the burgh, setting forth a promise by the committee that the last nomination of magistrates should be without prejudice to their right and privilege of election in future, and craving that the elections for the ensuing year should be conducted in the ordinary way—they expressed their willingness that the burgh should still enjoy such privilege as the law allowed; and having regard to the persons put in by the committee for the last year, it was thought fit that some joint course might be taken for the following year so that the burgh might fall into its own right and privilege in subsequent years. It was accordingly ordained that the then magistrates and council, and those who held office for the previous year, and all such other persons within the town as had at any previous time been provosts, bailies, deans of guild, treasurers, or deacons of crafts, should meet at the time of election and choose the magistrates and councillors for the following year. Further, the committee recommended that George Porterfield should be chosen to be provost, and able and well affected men be appointed to fill the other places of charge within the town. This act was, however, declared to be without prejudice to the rights of the duke of Lennox, and of any censure, civil or ecclesiastical, to which persons were liable in law for their carriage towards the rebels. (fn. 90) Whether that act had been communicated to the town council previous to 12th September does not appear, but on that day the provost and town clerk were appointed to go to Edinburgh and petition the estates as to the manner of electing the magistrates and council for the following year. (fn. 91) The result of this deputation appears to have been that, in view of the approach of the ensuing elections, the committee of estates issued an order on the 19th, by which—considering that differences might arise in regard to the election under their act of the 9th, "wherein there might be some mistakes the settlement of which was most proper for parliament"—they remitted the determination thereof to the estates, and meanwhile delayed the election for the following year till the next session, and until new orders were given by the estates or those having authority from it. The existing magistrates were therefore continued in their respective offices till that time, notwithstanding the act of the 9th. It was, however, declared that this order should not prejudice the future privileges of the burgh in respect to its elections. (fn. 92) On 3rd October two members of council and the town clerk were ordered to attend at the castle gate on the following Tuesday and intimate the act of the committee of estates to the duke's commissioner, if he were there. (fn. 93) On the 5th, however, the act of the committee of estates of 9th September was intimated by a macer at the cross of the burgh, and he publicly warned George Porterfield, Robert Hamilton, Ninian Anderson, and Peter Johnston, and the others who held office during the previous year, to appear in the tolbooth on the following day, after sermon, to give their votes as to the election of the magistrates and council for the following year. Accordingly, on the 6th, the several persons above named and referred to were duly called by name from the window of the tolbooth, but having failed to appear, the other persons referred to in the committee's act of 9th September proceeded to make the several elections. Three persons having been put on leet for the provostship, six persons proceeded therewith to the castle, but not obtaining admittance, reported the fact to those assembled in the tolbooth, whereupon George Porterfield was elected provost, and intimation of the election was immediately made to him, and he was requested to come and accept the office, give his advice as to the leets of the bailies, and take part in their election. He, however, refused to do so, whereupon John Anderson, elder, and Colin Campbell, merchants, and William Neilson, craftsman, were elected bailies. (fn. 94) Three days later, in the absence of Porterfield, and the bailies and councillors for the immediately preceding year, all of whom refused to attend, the several persons mentioned in the council's act of 6th elected thirteen merchants and twelve craftsmen to be councillors. And on the 14th, James Hamilton was elected dean of guild; Manasses Lyill, deacon convener; John Anderson, treasurer; Walter Neilson, visitor of maltmen; Thomas Glen, water bailie; and John Louk, master of work. (fn. 95)
On 10th October the captains of every half quarter of the town were appointed quartermasters for quartering soldiers, and each of them was directed to choose his assessor within his own bounds. (fn. 96)
In the autumn of 1646 the plague extended to Glasgow notwithstanding the precautions adopted by the town council, (fn. 97) and on 3rd October £54 3s. 2d. were ordered to be paid to the cleansers, and for the supply of the poor folk that were closed up on account of the plague, and for other disbursements. (fn. 98) On 5th November again the town council, apprehending its increase, resolved "conforme to the laudable custom observed of before thereintill in ilk exigencie," to appoint quartermasters in the several prescribed bounds, and directed them to take up the names of each family, and to visit it daily, with a view to reporting to the magistrates whenever they found a sick person. All the inhabitants were at the same time prohibited from going out to the muir where the "foul" persons were without permission of the magistrates, under pain of being sent there themselves with their families. (fn. 99) On 12th December all men were prohibited from leaving the town, and meetings at "lykwakes" [watching dead bodies during night] and after funerals were also forbidden. (fn. 100) The visitation appears not to have entirely disappeared till the end of 1647. (fn. 101) As the result of its ravages, rent drawn by the town from the tacksmen of the customs and casualties of the bridge fell from 900 merks in 1644, (fn. 102) and 680 merks in 1645, (fn. 103) to 500 merks in 1646 (fn. 104) —the tacksmen of the mills, ladles, tron, and bridge representing, on 12th December, that by reason of the visitation they had been deprived of all these duties. In consequence of this loss the treasurer was authorised to give Robert Wilson and Walter Somerville £50 for their losses at the bridge during last year; and James and John Gairneris 600 merks for their losses in connection with the ladles. Margaret Morison was also authorised to be paid £40 in respect of the cleansers having possession of her house and of her losses in consequence. (fn. 105) On 8th June, 1647, the customs and casualties were let for 960 merks, (fn. 106) and on 6th May, 1648, the tacksmen received a deduction from their rent of 150 merks, in recompense of their losses "throw the infectioune of the pestilence being in town this last year." (fn. 107)
In consequence of the election of the provost, magistrates, and councillors on 6th, 9th, and 14th October, 1646, under the order of the committee of estates on 9th September, and in disregard of their subsequent order of the 19th of that month, the commission of the general assembly and the synod of Glasgow petitioned the estates on 20th November to take action against the magistrates and council. The petition of the commission of assembly complained of the "insolencie" of disaffected persons in Glasgow, under censure, both civil and ecclesiastical, in not only protesting against the action of the committee of estates who had ordained that no one under censure of kirk and state for compliance with the rebels should be chosen magistrates or councillors in the burgh, but in refusing obedience thereto, and openly intruding themselves into the charge of the town, and publicly and in a tumultuous and disorderly manner disturbing, affronting, and threatening the presbytery of Glasgow. They therefore besought parliament to censure and punish the offenders in such an exemplary way as that the judicatories of the kirk might retain their strength and authority throughout the land. A petition on behalf of the presbytery of Glasgow was also presented, setting forth that the synod had taken trial of the scandal occasioned by the tumultuous carriage of a multitude of the people of Glasgow against the presbytery, and found that they, led on by Colin Campbell, in a disorderly manner, backed the old magistrates and council in the face of the presbytery, under pretence of offering them repentance for their compliance with the enemy. Upon considering these petitions the presbytery delayed its answer and prohibited any persons, save the old magistrates and town council, from coming before it at its next diet. Notwithstanding this prohibition, however, the same multitude, led on by James Bell and Colin Campbell, appeared before the presbytery while sitting in judgment, and insolently affronted, threatened, and upbraided it. The synod, therefore, represented the matter to the estates, in order that they might investigate and deal with it so that the laws in favour of the kirk might not be despised, and future insolence, of a like nature, might be prevented. In opposition to these supplications the then magistrates and council represented that the commission of the kirk and the synodal assembly were prejudiced against them, and they appealed to the justice of the estates to give them a free and unprejudiced hearing before any proceedings were taken against the city. A fourth supplication was also lodged by George Porterfield in name of the magistrates and council of the previous year, who claimed to be the lawful magistrates of the city. This supplication set forth the pitiful confusion in which the town lay, and craved the estates to determine whether, despite the order of the committee of estates, (fn. 108) the government of the town lay with the petitioners or with the persons recently appointed to the magistracy. These documents, along with a further vindication and appeal on behalf of the commission of assembly, and a humble deprecatory supplication by the inhabitants of the city, having been taken into consideration by parliament (after having been seen by the several estates apart), it was found, after full debate, that the then magistrates and council deserved to be censured by imprisonment for the reflections which, in their petition, were cast upon the commission of the kirk and synodal assembly. James Bell and Colin Campbell, who had presented that petition, were therefore called in, and being found guilty of scandalising the commissioners of the kirk, were ordained to enter themselves in ward within the tolbooth of Edinburgh. (fn. 109) On 4th December, the estates, on the application of Porterfield, for himself and the bailies and council who were continued in office by warrant of the committee of estates, resolved to decide the question as to the election, (fn. 110) and also, on the intercession of the commission of the kirk, liberated Bell and Campbell. (fn. 111) On the 26th, accordingly, after taking the matter into consideration, they found that the provost, bailies, dean of guild, deacon convener, and remanent councillors who were continued in office by order of the committee of estates on 19th September, were the only undoubted and lawful magistrates and council, and as such, entitled to elect their successors according to the practice of the burgh. They were therefore authorised to proceed with all convenient speed to make such election, though the ordinary time was then past. This order was declared to be without prejudice to the interest of the duke of Lennox; and, as representing that interest, Sir William Cochrane of Cowdoun was ordered to be informed of the day of election. (fn. 112) On 25th January, 1647, the act of 26th December was produced, and ordered to be proclaimed at the cross, and the election was appointed to take place on the following day. (fn. 113) On that day, accordingly, from a leet of three persons submitted to him by the council, Sir William Cochrane, as commissioner of the duke, selected George Porterfield to be provost till the next ordinary time of election, and he was elected accordingly. William Dunlop, James Hamilton, and Ninian Gilhagie were also elected bailies; and on the 29th the old and new magistrates elected thirteen merchants and twelve craftsmen to be councillors. On 3rd February Andrew Cuninghame was elected dean of guild; Thomas Scott, deacon convener; Thomas Allan, treasurer; John Walker, visitor of maltmen; Robert Mack, water bailie; and Thomas Brown, master of work. (fn. 114)
On 31st December, 1646, the estates considered supplications presented to them by the burghs of Glasgow, Aberdeen, and Stirling, and the sheriffdom of Perth, to be relieved of the garrison and quarterings of soldiers in these places respectively, and remitted to the earl of Southesk, lord Burghlee, and four others, or any four of them, one being from each estate, to consider these supplications and others from distressed burghs and shires, and to report the result, with their opinion as to a remedy. Major-general Middleton was added, as a supernumerary, to this committee. (fn. 115)