Register of the Privy Council of Scotland

Register of the Privy council of Scotland

Edinburgh 31st January 1605

Robert Gray of Mylnehill for James Low, collector of the burgh of Dundie, David Mudie, deacon of the tailors, Thomas Gray, deacon of the baxters, James Watt, deacon of the hammermen, William Saidlar, deacon of the cordiners, and David Watt, deacon of the fleshers, 300 merks each, to answer before the Lords of Secret Council upon 24th instant for their disobedience in “refuising to convene within the tolbuith of Dundie, to the electioun of the magistrattis of the said burgh, upoun the day appointit to that effect, quhair the Lordis of Secrete Counsale wes present for the tyme"; also to pay to the Treasurer £40, each of them, for his escheat goods, within six days hereof, in case it be found that they ought to do the same.

Edinburgh 11th February 1613

Sederunt -Chancellor; Hammyltoun; Mar; Lynlythgow; Louthiane; Roxburgh ; Blantyre; Cranstoun; President; Secretary; Privy Seal; Justice Clerk; Treasurer Depute; Clerk Register; Advocate; Master of Elphingstoun; Kilsyth; Bruntyland; Medope; Sir Petir Young; Sir Johnne Arnot.

“Forsamekle as, to the grite offence of God, no small reprotche to the countrey, and to the utter undoing and impoverischeing of a grite many subjectis of the commoun sorte, and most specialie of artisanes and craftis men within burghis and townes, thair is so huge and superflous and exces and ryot in drinking of wynnes importit from beyond seas as oftymes the unsatiable thrist and druckin dispositioun of the husband, specialie of workmen within townes, spending the whole day in tavernis whill thay sould be working in thair choppis and boothes, doeth mak the wyff and childrene at home to famishe for hunger: upoun whiche custome of waist and unthrift all sic commoditeis wrouht within the countrey as micht be sauld at ressounable raites and priceis ar so raised and enhaunsed to the generall loss of the commonis and schame of the countrey (the artisane proponeing the price of his wairis not according to the worth thairof and his labouris takin thairon, bot answerable to his waistfull expensis in his taverne-drinking), quhairthrou most men ar inforced to provyd thameselff from uther pairtis of these same commoditeis usuallie heirtofoir wroght within this kingdome; whiche by all lykliehood is not onlie to turne to the ruyne, empoverisheing and decay of all good burrowis and townes, bot, quhairas God haid sufficientlie by nature endowit this kingdome with sic cornis and grane quhairof most helthfull drink micht be maid for the use and benefite of ony native within the same, -by this grite excesse of wyne drinking both nobilinan, baroun, and gentilman, quhairof revenew doeth consist in such privisionis, is disapointit in the trew worth thairof, bot the poore fermour and laborar of the ground is thairby verie fer hurt, prejudgeit, and defraudit of the dew price and rewaird of his sore labouris and panes in the selling of ony cornis of that kynd : And whareas in all weill-governit kingdomes and commounwelthis the disordinat appetyte to foreyne commoditeis, being unnecessarie and imbroght more for pleasour nor proffeitt, hath bene usuallie prohibit and restranit by impositionis layed upoun the same, that, quhairas the reasoun of sobrietie and richt useing of Godis benefitis could not stay the subject from exces and superfluitie, yit the price of the commoditie ryising upoun the caus of the impost micht some way remember and admonishe thame to thair dewtie in this point: And his sacred Majestie, our most gratious soverane lord out of his most princelie, royall, and fatherlie cair and love to this his native kingdome, willing to provyd remeid to this abuse, and that these extraordinarie drunkardis may some way be recalled from thair lewdnes and learned to mak use of that liquore to that end for whiche it hes creat, to wit manis confort and preservatioun of his helth, and not maid to be the cutthrot of sa mony menis lyveis and robber of thair purseis, hes thairfore, with advise of the Lordis of his Hienes Prevey Counsell of this kingdome, over and abone his Majesteis ordinarie custome mentionat in the imprintit Book of Raitis, thoght meitt and expedient, concludit and resolvit, to rais and lift ane dewtie and impost of four pundis for everie tun of wyne quhilk hes bene ventit, run, and sauld in smallis within ony pairt, burgh or town, of this kingdome sen the first day of November last, or quhilk salbe ventit, run, and sauld in smallis within the same kingdome at ony tyme heireftir, except within the burgh of Edinburgh and town of Leyth: of the quhilk dewtie of the wynes sauld within the said burgh of Edinburgh and town of Leyth his Majestie

1 is alredy in possessioun be himselff and utheris haveing richt from his Majestie, and the said dewtie is now thankfullie and dewtifullie payit without murmour or grudge. And, whareas the most pairt of the wynes broght yeirlie within this kingdome ar ventit within the said burgh of Edinburgh and town of Leyth, quhair the dewtie and impost foirsaid is thankfullie and dewtifullie payit as said is, his Majestie nowis doubting [doubteth ?] bot resteth assuirit that all the rest of his Majesteis subjectis within this kingdome, ventennaris and rynnaris of wyne, will with the lyk goodwill and affectioun to his Majestie willinglie and thankfullie pay the said dewtie. And thairfoir his Majestie, with advise foirsaid, ordanes letters to be direct to mak publicatioun heirof be oppin proclamatioun at all placeis neidfull, and to warne all his Majesteis subjectis, ventennaris and rynnaris of wyne, that thay be preparit and in reddines to pay the dewtie foirsaid at the tymes and in manner specifeit and contenit in the letters to be direct and execute aganis tharne thairanent, with intimatioun as effeiris."

Edinburgh 11th March 163

Complaint by Sir William Oliphant of Newtoun, knight, his Majesty's Advocate, and by David Miller, "deacone convenair" and also deacon of "baxteris" of Stirling, David Henry, deacon of the hammermen, Johnne Andirsoun, deacon of the tailors, George Drummond, deacon of the skinners, Alexander Bennie, deacon of the "websteris," William. Thomesoun deacon of the fleshers, and Robert Hutsoun, deacon of the “cordinaris," of the burgh of Stirling, for themselves, and in name of the haill remanent craftismen and utheris handlaris and traderis with victuall," as follows:- For some years past most of the merchants of the burgh -"of quhilk sorte and rank of people the haill counsell of the toun doeth consist, tua craftismen onlie haveing voit thairintill” -have borne ane verie grite haitrent and malice aganis the haill craftis of the said toun (quhairof some nomber ar victuall-handlairis), and by all direct and indirect meanis hes evir socht to draw thame to trouble, fasherie, and extraordinair grite chairgeis and expensis"; and, though not long ago the commissioners appointed by the Privy Council settled these “elystis and differenceis," and expected that the merchants would have permitted the pursuers to enjoy "the liberteis and previlegeis dew to thame," and "to have levit besyde thame as being all memberis of ane body," nevertheless, in November last "or thairby," the Provost and Bailies "verie presumptuouslie and unlauchfullie, be thame selffis, without the generall consent of the haill body of the said burgh, (the saidis tua craftismen counsallouris of the said burgh disasenting frome thame)," without royal warrant, or allowance of the burghs, ordained the complainers and other freemen to pay a custome-"callit be thame the ladill dewtie "on every load of victual brought into the burgh either for their own use, or to be sold "in smallis or in bread or drink for the commoun benefite of the towne." The said merchants have already enforced this custom, having on 8th Februaxy last, "by oppin violence, and be way of bangastrie and oppressioun," apprehended James Henrysoun and Waltir Keir, "baxteris, burgessis and frie craftismen and nichtbouris of the said burgh," and committed them to ward within the tolbooth thereof for their refusal to make payment of the said custom. Now, "it is of veritie that nather in the said burgh of Striveling, nor in na uther burgh within this kingdome, wes thair evir ony suche dewtie exactit or intendit to have bene exactit be the magistratis of the burrowis fra ony freemen for victuall boght be thame in the cuntrey and inbroght "; but "the ladill dewtie" of Striveling and of all other burghs, "utherwyse callit the gait dichtingis," given to the burghs for keeping their streets clean, "is onlie extendit aganis unfremen who presentis thair victuall to the mercatis," just as other small commodities brought by "unfremen" pay custom. If, however, this custom be allowed, "fremen and nichtbouris" will be "in no bettir cais and conditoun nor ane unfreman," and will lose the privileges which they and their predecessors have enjoyed "from the first erecting of the burgh." Nor could the act have been lawfully made, far less lawfully executed, without authority from the King and the Privy Council, or the consent of the Burghs. Moreover, in February last, the Provost and Bailies, knowing that their imprisonment of the aforesaid persons might be "querrellit be law and prove daingerous to thame," had, in order to check their proceedings, “fensit ane pretendit justice court within the tolbuith," and, having charged certain persons with having within their houses a quantity of beir bought from "landwart gentilmen," had "unlawit thame and ilkane of thame in the sowme of fourty pundis, and hes ordanit thame that they sall not buy ony victuall in the countrey heirefter bot upoun the calsay of the said burgh allanerlie," each under the pain of 100 merks. Wherein as the saidis judgeis hes schawin thair malice, and unlauchfullie hes proceidit to the halding of the said justice courte upoun the said cryme, and unjustlie hes sustenit and found the said dittay relevant agganis the saidis personis, and hes

2 puttin thame to the knawledge of ane assyse: so, the assyse being incloisit, and resolveing to haif clengeit the saidis personis, and to have fred thame of the same, the clerke of court maid intelligence thairof be write to the Provest,- who, immediatlie oppyning the dure quhair the assyse satt, be him sellf and his procuratour fishall threatnit and minassit the assyse with minassing and hoisting speitcheis to proceid and convict the saidis personis of the said cryme; lyke as the personis of inqueist, being bot poore simple ignorant men, for just feir to haif ben troublit be the saidis magistratis, fyllit the saidis personis of the said cryme." Now, "the calling of all personis guiltie of this cryme is onlie propper to his Majesteis Thesaurair and his depute, and the unlawis thairof sould appertene to the Kingis Majestie propirlie; and, gif the buying of victuall be fremen of a burgh fra cuntrey gentilmen ather at home in thair awne housis or abroad in the cuntrey salbe haldin to be foirstalling of mercattis, how many thousandis of people within the burrowis of this kingdome ar guiltie of that cryme!" The complainers claim that, the "said victuall-trading being the principall commoditie and cheif handling of this kingdome," such procedure is unheard of, and is a novelty without precedent. "It is not qualifeit in the said pretendit dittay that the saidis personis interceptit ony victuall comeing to the said mercat, and boght the said victuall in the way and cowped the same over agane"; but, on the contrary, most of the victual was bought in Eist and West Lotheane, Fyff, Stratharne, and other parts far distant from Striveling; "quhilk wald nevir be presentit to the mercatis thairof, incaice thay went not to the saidis cuntreyis for buying and hamebringing of the same: and, gif be the exacting of the ladill dewtie foirsaid and unlawing of the saidis complenaris as foirstallaris for that caus thay salbe compellit to leive af that trade, both the cuntrey gentilmen, fra whome thay buy the said victuall, sall ressave prejudice thairby, and also thair salbe suche a dearthe within the said burgh of Striveling as the poore people and inhabitantis thairof sall not be able to leive within the same." All this notwithstanding, "the Provest and Bailleis still yit detenis the saidis James Hendirsoun and Waltir Keir in waird within the said tolbuith, quhair thay haif remanit this moneth bigane, and onnawyse will put thame to libertie without thay be compellit.” -The Lord Advocate appearing personally, and the other pursuers by Christopher Cairnis, Johnne Hendirsoun and James Warde, "baxteris," and Robert Patirsoun, goldsmith, all burgesses of Striveling, and the defenders also being personally present, viz.:- Duncane Patirsoun, Provost of the burgh, Christopher, Alexander, and Johnne Cunynghame, Bailies of the said burgh, -these last, in obedience to an order of the Council, present the said James Henrysoun and Waltir Keir, and produce the "act of thair court anent the custome," signed by "Johnne Williamsoun, notair and clerk of the said burgh," dated 14th September last, which enacted that "all beare boght and imbroght within the said burgh be the inhabitantis thairof, except beare comeand be the sey and the townes awne growing cornis, sould pay to the toun sielyke custome of the ladill or gait dichting as gif the samyn wer presentit to be sauld in the mercatt, and that unfremen inhabitantis within the said burgh. sould pay for thair beir comeing be sey ane pek of ilk chalder." They also produce an act and rolment of court, signed by the said Johnne Williamsoun, bearing that the said James Henrysoun and Waltir Keir were on 19th February last found guilty of regraiting and foirstalling of the mercatis," and were "unlawit" as above. Thereupon the Lords declare that the act anent the custom is lawfully made for the weal of the burgh, and shall be in force hereafter, but with this limitation, that it "sall onlie be extendit aganis suche personis, inhabitantis of the said burgh, who byis and bringis victuall to the said burgh and sellis the same over agane in that same kynd, space, and sorte as it wes boght," and that others who buy "for thair awne use in thair severall callingis, and for the exercise and handling of thair calling, -as, namelie, maltmen who byis beir and makis the same in malt, baxteris who byis quheite, makis the same in floure, and sellis the same in bread, and meil makeris who byis aittis, makis and sellis the same in meill," -shall be relieved from the custom. The Lords also order the said James Henrysoun and Waltir Keir to be released, and the "unlaw” discharged.

Edinburgh 22nd June 1613

“ The Lordis of Secreit Counsaill undirstanding that divers personis hes purchest signaturis under his Majesteis hand contening sindrie liberteis and previlegeis, being of the nature of monopoleis, quhairby all utheris subjectis of the realme ar dischargeit of all useing or exerceing of the liberteis and previlegeis grantit unto thame, and quhenas thay haif gottin thair signatouris and patentis exped thay forbeir to follow oute that quhilk be the tennour of thair patentis thay haif undirtane, and debarns all utheris fra interprising or useing of that previlege grantit unto thame, to the grite hurte of the commoun weele and prejudice of his

3 Majesteis subjectis who wald interprise, prosequute and follow oute the lyke workis; ffor remeid quhairof in tyme comeing, the Lordis of Secreit Counsell declairis and ordanis that, yf ony persone or personis who heirefter sall procure and purches ony suche signatouris and patentis to be exped unto thame sall for the space of thrie yeiris after the expeiding of thair patentis forbeir to prosequute and follow oute the worke undirtane be thame and the previlege grantit thairupoun, that then and in that cais thair signaturis, patentis and utheris rightis maid and grantit to thame salbe voyd, and haif no force, effect nor executioun thairefter."

Edinburgh 18th September 1616

Complaint by James Schorte, provost, and Waltir Cowane, Johnne Scherair, and James Robertsoun, bailies of Striveling, as follows:- "The craftismen of the burgh of Striveling, who are a nomber of factious, seditious, restles, and bussy bodyis, haveing united and bund thameselflis in a factious and mutinus societie and fellowschip aganis thair lauchfull magistratis, and presomeing upoun thair awne pouer, force, and strenth, be reasoun of thair multitude, thay have thir divers yeiris bigane verie directlie or indirectlie to intruse thame in the officeis of magistracie within the said burgh, and to usurp upoun thame the libertie and pre viledges of the gild bretherine. And, to the effect thair unlauchfull pretensis mycht have sum pretext and schaw of equitie and reasoun, thay first enterit in proces aganis thair magistratis before the Lordis of Counsaill and Sessioun upoun that poynte of the merchand gildrie acclamed be thame, and held thame in trouble and proces for that caus a long tyme; and, finding that thair endevoiris in that busynes wer lyke to prove fruitles and vane, as haveing no warrand nor ground of law, ressoun, nor justice, thay than resolved to do that by force and violence quhilk thay wer not able to compas be law. And, for that effect, thay have, oulklie upoun Monanday, most unlauchf ullie convenit and assemblit togidder, as ordinarlie thay do yit convene and meete everie Monanday, in grite nomber upoun the hillis in skirtis of the said burgh; and at these unlauchfull meitingis thay mak and set doun pretendit actis and statutis amangis thame selffis. As, namelie, thay have maid actis anent the weght of thair breid, ordaning the same to be sa mony unce lichter nor the actis and ordinanceis of the said burgh allowis; and thay have maid some actis exemeing thame selffis frome payment of thair pairtis of that ordinair collectioun lifted for the minister and scolemaister of the said burgh. And thay have bookis quhairin thay insert thair actis; and thay decyde all actionis, questionis, and contraversie occurring amangis thame; usurpis upoun thame the auctoritie of the magistrat[is]; and in maner thay have dismemberit thame selffis frome the body of the said burgh, making up the frame of a body of thair awne; and thay leive undir the obedience of thair awne pretendit lawis, without acknawledgeing thair magistratis in ony case. And, when ony mater is proponit in the counsaill of the said burgh quhairin the advise of the craftis is requisite, quhidder it be for his Majesteis service or for ony uther mater concerning the weill of the said burgh, the mater is differred be the craftis till thair metingis upoun the hillis; and, unles the haill multitude condiscend and aggrie to the mater propouned, it is rejectit, althoght it be nevir so reasounable and necessar. And, be thair oulklie conventionis most unlauchfullie and factiouslie keepit upoun the hillis, the craftis are come to that heicht of pride that thay upbraid the magistratis in thair faceis, not spairing to do the samyn in the place of judgement, vanting of thair nomber, welth, and strenth; and sometymes, quhenas some of thair

4 nomber for thair misdemeanour hes bene committit to waird, thay have violentlie tane the keyis fra the magistratis and set thair men to libertie, sua that now the estaite of the said burgh is become so disordourit and confused as in a maner the administratioun of justice within the same ceasis. With the quhilk insolen ceis and enormiteis the saidis complenaris, and thair predicessouris, magistratis of the said burgh, hes thir divers yeiris comportit evir, hoiping that the reverence of the law wald in tyme have reclamed thame frome thair foleyis; but the saidis complenairis findis by experience that thair silence and connivence heapis forder contempt and disdane upoun thame, and emboldines thir restles and mutinous personis to go frome ane disordour to another. In so fer, as laitlie, in the moneth of July last, the saidis complenairis haveing appointit thair wapponschawing to the fytene of that moneth, and it being a constant custome within the said burgh inviolablie keipit in all tyme bigane that the thrie ensenyeis of the said burgh (quhairof the first, quhilk is callit the Kingis standairt or the townes ensenyie, hes the first place) sould be borne as followis:-to witt, the Kingis standairt or townes ensenyee be suche a persone as the provest and bailleis sould mak chose of, the secund ensenyie, callit the merchantis ensenyee, be a merchant, and the thrid ensenyee, callit the craftis ensenyee, be a craftisman, -the saidis craftis resolved, out of the ambitioun and pryde of thair hairtis, that thay wald have the careying and bearing of that ensenyie callit the Kingis standart with thair awne. And thay proponit the same in the counsaill of the burgh; and, being with reasoun refuisit thairof, Thomas Tailyeour, deacone of the baxteris, and Robert Hendirsoun, deacone convenair and deacone of the hammirmen, most proudlie and disdanefullie, in oppin judgement, answerit the saidis complenairis that, gif ane of thame gat not the principall enseayee to beare, that the haill craftis sould musture be thame selflis, and misknaw the saidis complenairis and the rest of the said burgh. And, the saidis complenairis persaveing that thair drift and purpois in this mater tendit to some grite mischeif and trouble, thay meanit thame selflis thairupoun to the Lordis of Prevey Counsaill, and obtenit letteris be the saidis Lordis deliverance, quhair with thay causit chairge the saidis craftismen to mak thair mustouris with thame in a peciable and quiet maner according to use and wount, and to follow thair directionis thairintill. And, thay finding that be this chairge thay wer lyke to be frustrat of thair hoipis in careying the principall ensenyee callit the Kingis standart, thay than resolvit to mak ane new ensenyee of thair awne, agreable in lenth, breid, and culloure to the Kingis standart, and to caus ane of thair nomber beare it with thair awne commoun ensenyee at that wapponschawing day. Quhairof the saidis complenairis being informit, and thay fearing some evill to follow thairupoun, and that the same wald produce a generall commotioun and trouble within the said burgh, especiallie amangis the craftis thame selffis, anent the prerogative in bearing of thair new ensenyee, seeing everie craft had ane badge or baner of thair awne with ane commoun ensenyie for the haill craftis, the saidis complenairis thairfore be ane act and ordinance of thair counsell dischairgit the said Thomas Tailyeour and Robert Hendirsoun, and the haill remanent craftis, that thay sould not presome to bring fur[th] thair new ensenyee, nor mak no innovatioun nor trouble at thair wapponschawing. Bot so fer wer thay frome geving obedience that the haill craftis convenit, first at Thomas Tailyeouris house, and fra that at Robert Hendirsonis house; and, thir twa ensenyees being brocht furth thairof, the new ensenyee wes borne be Thomas Tailyeour. Thay maid a forme

5 of mustour of thair awne; past up and doun the streitis all that day in thair airmes; and did alwyse misknaw the saidis complenairis quhen thay mett thame upoun the streitis. And at nicht thair arose a tumult amongis thame sellfis, quhilkis the saidis complenaris apprehendit wes purpoislie done to haif drawne thame oute, that in that tumult thay micht haif committit some mischeif upoun thame. In the quhilkis haill disordouris and insolenceis abonewrittin the personis following, -thay ar to say, the said Thomas Tailyeour, deacone of the baxteris, Robert Hendirsoun, deacone of the hammirmen, James Spittell alias Waird, David Miller, Johnne Andirsoun, baxteris and auld deaconis of the said craft, Cristopher Cairnis, baxter, James Archibald, baxter, Alexander Huttoun, skynner and sumtyme deacone, James Stevinsoun, maltman and sumtyme deacone, Johnne Andirsoun, tailyeour, and Thomas Couper, -are cheif and principall actouris, plottaris, counsallouris, and ringleidairis; and be thame the ignorant multitude ar drawne to all thir foleyis at thair pleasour; with whome gif some examplair ordour be not tane, it wilbe impossible for the saidis complenairis, or for ony utheris who sall haif the chairge of the said burgh efter thame, to retene and hold the said burgh undir ony kynd of governament.” -Pursuers appearing personally, and the above named defenders being also present, the Lords find that the defenders have held unlawful meetings, have opposed the magistrates, have withheld their share of their pastor’s and minister's stipend, have not conformed to the acts anent the bread, have threatened the magistrates, and have disobeyed the order of Council anent the standard; that the libelled persons, and especially Robert Hendirsoun, Thomas Tailyeour, and James Waird, are the chief actors; that Alexander Huttoun, who was lawfully committed, perforce took the keys from the officer in presence of the magistrates -and that the said crafts have behaved most seditiously and undutifully. The Lords therefore order the said Thomas Tailyeour, James Steinsoun, Alexander Huttoun, Robert Hendirsoun, James Waird, and Cristall Cairnis to be detained in the Tolbooth of Edinburgh at their own expense during their Lordships' pleasure. The Lords postpone sentence on the other defenders; and fix the next Council day, the 9th of October, for the production by Thomas Tailyeour of the book above-mentioned, which he confessed was in his keeping, and which he promised to exhibit "unvitiat in ony pointe."

Innes A. Duffus Archivist to the Nine Incorporated Trades of Dundee