1645–46
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)