The old Earl of Douglas was still alive, and being a retainer of Edward

IV., he and several other Scotch nobles joined Albany’s conspiracy.

England thus assumed a menacing attitude towards Scotland. Parliament

met in March, 1482, to deliberate on the state of affairs which had

arisen. In the record of the proceedings Edward IV. was termed a

usurper and a robber, “who had broken faith with Scotland, and invaded

it, robbed, burned, and destroyed the property of the King’s subjects.

And it was well known that this usurper, from his enormous avarice

and false love of conquest, neither fearing God nor the effusion of

Christian blood, nor remembering that he was obliged and sworn to

keep the truce, but casting his fidelity and honour to the winds, he

has determinedly resolved to continue this war, which he has caused

and begun, and with all his power to invade, and so far as he can,

conquer this kingdom. Those present in Parliament therefore promised

to support the King to the utmost of their power, and to defend him

and the kingdom as their forefathers had always done.” It was resolved

to muster the whole force of the country to resist the usurper Edward,

“and if he shall come in person, then he shall be resisted by our King

in person, and with the body of the people, who will live or die in his

defence.”¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

138‒139.

In July, 1482, a strong army assembled on the Boroughmoor, near

Edinburgh; and Cochrane, who had assumed the title of Earl of Mar, was

appointed to command the artillery. The army, with the King in person,

marched toward the Border, but when it reached Lauder a tragic action

happened. The nobles, headed by the Earl of Angus, met in a church,

and after some discussion they resolved to seize the King and to sweep

off his favourites. While they were considering how to execute their

resolution a knock was heard at the door; it was Cochrane with a

message from the King. The Earl of Angus instantly seized and pulled

the gold chain from Cochrane’s neck, saying that “a rope would befit

him better.” “My lords,” said he, “is it jest or earnest?” He was told

that it was earnest, and was quickly bound and placed under guard. A

party of the nobles, who were despatched to the royal tent, instantly

seized the King’s musician, Rogers, and the rest of his favourites.

These were then led, along with Cochrane, to the Bridge of Lauder,

where they were all hanged. After these cruel executions the nobles

disbanded the army, returned to the capital with the King, and

imprisoned him in the castle of Edinburgh; and thus left the southern

quarter of the kingdom a prey to the enemy.¹

¹ Buchanan’s _History of Scotland_, Book XII., Chapter 46;

Lesley’s _History of Scotland_, page 48; Pitscottie.

The English retook Berwick, which henceforth remained in their

possession. The English army, accompanied by the Duke of Albany,

advanced to Edinburgh with the intention of placing him on the throne

of Scotland. When Albany’s aim was discovered, it was seen that the

people would not submit to his scheme without a severe struggle. The

unhappy and captive King had still some loyal and powerful adherents,

including the Earl of Huntly, the representative of the house which

saved the crown of James II. By the efforts of these and the citizens

of Edinburgh, the King was released from prison,¹ and a partial

reconciliation between him and Albany was effected, on the ground that

Albany should return to his allegiance and be restored to his estates.

For a short time Albany attempted to rule the kingdom.

¹ On the 16th of November, 1482, the King granted a charter

to the citizens of Edinburgh, which constituted the

provost-sheriff within the boundaries of the burgh for ever;

and another charter which confirmed to the citizens of the

burgh the customs of the port of Leith, for assisting in

his deliverance from prison. _Burgh Records of Edinburgh_,

Volume I., page 43, 332.

On the 2nd of December, 1482, a Parliament met at Edinburgh, which was

under the control of Albany. A number of Acts were passed, in one of

which the King was made to express his warm thanks to his brother for

delivering him from imprisonment; and the unhappy King was also forced

to entreat Albany to accept the office of Lieutenant-General of the

Kingdom. Albany further received a grant of the Earldom of Mar as a

reward for his great services to the State. Thus Albany was virtually

placed in supreme power.

But he continued his intrigues with the English Government, and

entered into new plots and engagements. When his treason became known

his position was untenable, and he was forced to retire to England; but,

before he departed, he placed the castle of Dunbar in the hands of the

English. Edward IV. died on the 9th of April, 1483, and this event, and

those which followed in England, upset Albany’s schemes. A Parliament

met at Edinburgh on the 24th of June, 1483, to which Albany was

summoned to appear and answer to a charge of treason; as he failed to

appear, his estates were forfeited to the Crown, and also the lands of

his chief adherents. Albany afterwards crossed the English Channel, and

finally settled in France.¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

142‒152.

A party of the nobles, chiefly connected with the southern part of the

kingdom, still continued to plot against the King with the intention

of dethroning him, and for the ensuing five years the Government and

the country were in an unsettled state. Truces for short periods were

concluded with England, and in 1485 the league with France was renewed.

Although Parliaments were assembled and many Acts passed touching the

disorder of the kingdom, the holding of courts, and the repression of

crime, the affairs of the Church, the currency of the kingdom, commerce,

and the herring-fishery, still the conspiracy against the King was

proceeding. Queen Margaret died at Stirling in 1486, and she left three

children――Prince James, the heir to the throne; John, who received the

title of Earl of Mar; and the Duke of Ross, who was born in March, 1476,

and educated under George Schaw, Abbot of Paisley; he was appointed

Archbishop of St. Andrews in 1497, Chancellor of the kingdom in 1502,

and died in 1503. The year following the death of his Queen, James III.

opened communication with Henry VII. with a view to a marriage with the

widow of Edward IV.; but the hapless King of Scots soon had other work

to engage his attention.¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

165‒184; _Fœdera_, Volume VII., pages 236, _et seq._;

_Accounts of the Lord High Treasurer of Scotland_, Volume I.,

Preface, page 64.

The conspiracy of the nobles against the King was matured. It had

occurred to them that the King’s son, a youth of sixteen years of age,

would serve their purpose, and the southern nobles induced him to join

them, and rise in rebellion against his own father. They mustered their

followers and advanced upon Edinburgh, where the King was then staying.

James crossed the Forth and passed into the northern counties, which

were loyal, and there a strong army rallied round him. He then marched

southward, and came in sight of the rebellious nobles at Blackness,

in West Lothian, where the Earl of Buchan attacked and drove back the

advance wing of the insurgent army. A pacification was arranged in May,

1488, and the King disbanded his army and returned to Edinburgh, as

the nobles had promised to return to their allegiance, to maintain the

rights of the Crown, and the peace of the kingdom.

But the disaffected nobles remained in arms, with the young Prince

at their head, whom they used as their tool. The hapless King again

mustered an army, and advanced towards Stirling to secure the passage

of the Forth, but the gates of the castle were closed against him, as

the Governor had joined the insurgent nobles. On the 11th of June, 1488,

the two armies approached each other at a small brook called Sauchie

Burn, about a mile from the field of Bannockburn. An engagement ensued,

and though the royal troops were outnumbered, the action was long

and fiercely contested. The King, in retiring from the field, was

thrown from his horse, and some of the rebels came up and killed

him. Thus fell James III., in the thirty-seventh year of his age, and

the twenty-eighth of his reign, another victim to the ambition of a

reckless aristocracy.¹

¹ Pitscottie, pages 133‒143; Buchanan, Book XII., Chapter 61;

_Acts of the Parliaments of Scotland_, Volume II., page 184.

The victorious nobles passed the night on the field of battle, and on

the following morning proceeded to Linlithgow; and that day, the 12th

of June, the prince issued a proclamation, and granted a commission to

William Hepburn, as Clerk of Council and Register. The dominant party

immediately seized the Government and the royal treasure, divided

the chief offices among themselves, and placed the royal castles in

the hands of their own adherents. On the 25th of June the Prince was

crowned at Scone, with the usual circumstance and ceremony, under the

title of James IV.; and the faction who had raised him to the throne

pampered his youthful passions and propensities. Theatrical farces,

dances, and masked balls, were got up for his special amusement, and

in this way the nobles degraded the character of the young King.¹

¹ _Accounts of the Lord High Treasurer of Scotland_, Volume I.,

pages 79‒87, 276, 277, 280, 288, 293, 304, _et seq._

The party of the nobles who had attained the ascendancy exerted

themselves to the utmost to secure their position. They appointed an

embassy to proceed to the English courts, headed by the Archbishop of

St. Andrews, and the Bishops of Glasgow and Aberdeen, but Henry VII.

had not much confidence in the new Government. They obtained, however,

a renewal of the truce between the two kingdoms. At home they acted

with surprising energy; the supporters of the late King, including

the Earl of Buchan, Lord Forbes, Lord Bothwell, Sir Alexander Dunbar,

and others, were summoned to appear before Parliament and answer to a

charge of treason. Parliament met at Edinburgh on the 6th of October,

1488, and proceeded to consider the position of those who had been

summoned for treason. The Earl of Buchan appeared, and tendered his

submission to the King, and he was pardoned and restored to favour.

None of the others cited appeared, and consequently their possessions

were placed at the disposal of Parliament; and Lord Bothwell, John Ross,

the late King’s advocate, and others, were forfeited. Ross’s lands were

given to Patrick Home of Fast Castle; and the lordships of Bothwell

and Crichton were formed into the Earldom of Bothwell and given to

Patrick Hepburn, Lord Hailes, who was then created Earl of Bothwell,

as a reward for his service to his country at Sauchie Burn. The

leading members of this Parliament having succeeded so far, proceeded

to investigate the causes of the recent rebellion. After carefully

examining the whole matter, they unanimously came to the conclusion

“that the slaughter committed in the field near Stirling, where the

King’s father happened to be slain, and others of his barons, was

solely to be ascribed to the offences, falsehood, and deceit practiced

by him and his wicked counsellors before the battle. Therefore our

King that now is, and the true lords and barons who were with him in

the same field, were innocent, quit, and free, of the said slaughters,

battle, and pursuit, and did not cause or occasion them.” To this

statement the leading nobles of the party, some of the bishops and

burgesses, affixed their seals, in order that copies of it might

be sent to the Pope, the Kings of France, Denmark, Spain, and other

foreign powers.

Some concessions were granted to the supporters of the late King and

their kindred. It was enacted that the heirs of those who had fallen

in arms against the King at the battle near Stirling, should be allowed

to succeed to their estates, notwithstanding the legal difficulty

that their predecessors were slain when in open rebellion. The goods

belonging to the poor and unlanded people, which had been seized during

the recent struggle, were to be restored to them; and that castles and

lands, which had been plundered and occupied by either party, were to

be delivered to their owners.¹ Still, there were murmurs amongst the

people concerning the hard fate of the late King. In 1489 the Earls

of Lennox and Huntly, Lord Forbes, and others, rose in arms against

the party in power; but after a short struggle, they were defeated, and

the rising extinguished. The dominant faction then ran its course; and

James IV. gradually assumed his proper functions, and became an active

prince. Yet a parliament which met at Edinburgh on the 6th of February,

1492, found it necessary to allay “the heavy murmurs of the people

concerning the death and slaughter of our sovereign lord’s father,

whom God absolve, King James III., that those who slew him should be

punished as they deserved to be.” A reward of a hundred marks of land

was then offered to any one who should reveal the perpetrators of the

deed;² but the reward was never claimed.

¹ _Acts of the Parliaments of Scotland_, Volume II., pages 199,

201‒205, 209‒211, 269.

² _Ibid._, pages 223, 230.

Parliament assembled at Edinburgh in May 1493, and proceeded to pass

enactments touching the Church. All those who had pleas depending in

the Court of Rome were commanded to cease their litigation in that

Court, and bring their pleas before the courts of the kingdom, where

justice should be administered to them. Acts were passed which aimed

at withdrawing the appointment to the benefices of the monasteries from

the Court of Rome. The rights and the privileges of the Archbishops of

St. Andrews and Glasgow were confirmed. The doom of treason was to be

pronounced against every one who attempted to take the King’s rights

of patronage to the Court of Rome. Yet it appears that this was not

effective, for in 1496 parliament renewed the former Acts, and passed a

new one, which runs thus:――“For the honour of the kingdom and the good

of the community, and for averting innumerable evils daily incurred

upon the kingdom and the people through the exorbitant cost and expense

of churchmen, by their purchasing at the Court of Rome benefices and

elections contrary to the Acts of Parliament. Also by purchasing and

bringing in of novelties and innovations into the Church without the

advice of the King, distraining the kingdom of money, and putting the

King and patrons out of their possessions. Hereafter, all those who

go out of the realm on such business, without a license from the King,

shall be proclaimed rebels and put to the King’s horn.”¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

232, 237.

This parliament directed its attention to the state of the Highlands,

and it was alleged that since 1475 repeated attempts had been made in

the name of John, Lord of the Isles, to recover the earldom of Ross,

which was then held by the King’s brother. Therefore the title and

the estates of the aged Lord of the Isles were forfeited to the Crown.

Shortly after he surrendered to the King, and retired to the monastery

of Paisley, where he died in 1498, and was interred in the tomb of his

royal relative, King Robert III.

After the surrender of the Lord of the Isles, preparations were made

for an expedition into the Highlands and Islands with the aim of

establishing the royal authority. Towards the end of the summer of 1493

the King proceeded to the Isles, and received the submission of several

of the chiefs. In the spring of the following year the King again

visited the Isles, and repaired and garrisoned the castle of Tarbert

as a base of operations. He reduced the castle of Dunaverty in Cantyre,

garrisoned it, and then returned to Stirling in August. It seems that

James IV. did not adopt an effective mode of governing the Highlands

and Islands, though he was active and moved about rapidly, he followed

no defined and clear line of government. In autumn he proceeded with

the Northern Circuit Courts, and was in Inverness on the 6th of October,

and in Elgin at the end of the month; thence he passed to Banff and

Aberdeen, and then returned south. Starting from Edinburgh early in

February 1495, he followed the Southern Circuit Courts to Lanark,

Peebles, Selkirk, Jedburgh, Dumfries, and Ayr. In May he was at the

castle of Mingarry, in Ardnamurchan, and a number of the local chiefs

rendered submission to him, including the chief of Clanranald, and

Ewen, son of Alan of Lochiel, Captain of the clan Cameron. But James

returned to Glasgow before the end of June; what have been called his

expeditions to the Highlands and Islands were merely flying visits.¹

Still, it seems that the King and his government had a good opportunity,

after the surrender of the Lord of the Isles, for improving the

government of the Celtic people, and if they had been reasonably

treated and properly ruled, they would have soon settled into a state

of comparative quietness and order under the Crown. Unfortunately the

King and his government, after a time, divested themselves of their

functions and responsibilities to govern the Celtic people of the

Highlands and Islands, and assigned this duty to local and interested

nobles.

¹ _Accounts of the Lord High Treasurer of Scotland_, Volume I.;

Gregory’s _History of the Western Highlands and Isles of

Scotland_.

The head of the Campbells, who had then attained the rank of Earl of

Argyle, practised a policy of encroachment on the small proprietors and

clans in his ♦neighbourhood. In the year 1502 all the charters which

had been granted by the King to the vassals during the last five years

were summarily recalled. The Earl of Argyle was appointed the King’s

Lieutenant, and empowered to let on lease for a term of three years

the whole lordship of the Isles. Argyle immediately proceeded to evict

the proprietors and their tenants from their lands and houses: and

the lands were appropriated by Argyle himself, and a few of the King’s

favourites. The natural result followed; the evicted people rose

in rebellion. As the Earl of Argyle had obtained the functions of

a King in the Western Highlands and Islands, so in the beginning of

the sixteenth century Alexander, third Earl of Huntly, was appointed

Sheriff of Inverness, Ross, Sutherland, and Caithness; and also keeper

of the Castle of Inverness, to which office there was a large extent

of land attached. Huntly had territories in Badenoch and Lochaber, and

the strong castle of Ruthven, although the centre of his power lay in

Strathbogie, in the counties of Aberdeen and Banff. These two Earls

and their successors, for upwards of a century may be said to have

ruled the Highlands and Islands of Scotland; and each earl within his

region often caused disorder, and committed many acts of aggression and

injustice upon the Celtic people.

♦ “neighbourhoood” replaced with “neighbourhood”

When a Government renders its subjects landless and homeless, rebellion

is likely to be the result. After causing a rising of this nature the

King summoned a parliament, which met at Edinburgh in March, 1503.

This parliament and the King then proclaimed that――“If any one should

apprehend and bring to the King, Maclean of Lochbuy, great Macleod

of Lewis, or MacNeil of Barra, they shall receive the half of these

rebels’ lands; and if they capture and bring to the King any other

head-men, or any Highland man whatever connected with the rebellion,

they shall be rewarded therefor according to the value of the land and

the goods of the persons taken.”¹ Such severe measures only served to

incite the people to rebellion; and it was only after a struggle of

three years that it was extinguished. The Earls of Argyle and Huntly,

with the sanction of the King, assumed and exercised the functions of

local and despotic rulers.

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

240‒250.

In the reign of James IV. the relations of Scotland became more

interwoven with the other kingdoms of Europe, and she then really

entered the field of European politics. Scotland had diplomatic

communications with the Kings of France, Spain, the Pope, and other

powers. James IV. had a fondness for excitement and adventure, and a

feature of romance in his character, while his feelings and emotions

were excessively strong, as manifested in various forms. He was not an

adept in diplomacy; in that sphere of action he was apt to be duped,

and an instance of this may be narrated. Perkin Warbeck, a son of a

Florentine Jew, was persuaded by the Duchess of Burgundy, a sister of

Richard III. of England, to personate her nephew Richard, a brother of

Edward V. This character, accompanied by six hundred men, attempted to

land at Kent in July, 1495, but he was repulsed, and one hundred and

fifty of his followers were captured and executed. The adventurer next

made an effort to obtain a footing in Ireland, but he failed. Undaunted

by these failures, Perkin pursued his mission, and with his retinue

he arrived at Stirling on the 20th of November, 1495. He was at once

received by James IV. as “Prince Richard of England,” and was conducted

to apartments which had been prepared for him in Stirling. Immediately

letters were despatched to the lords and nobles of Athole and Strathern,

and to Earl Marischal and the barons of Angus, commanding them to meet

the King and the Prince at Perth; that they might have the honour of

being presented to Prince Richard. As it was intended to wage war in

support of the claims of this noble Prince, letters were sent to the

sheriffs ordering wappenschaws to be held throughout the kingdom.

Perkin soon became a great favourite of the King; and he was married

to the King’s cousin, Lady Gordon, a daughter of the Earl of Huntly,

a personal allowance of £1,200 a year being granted to him, while

his followers were quartered and maintained among the burghs. Perkin

moved through the kingdom in the style of a prince, staying at Perth,

Falkland Palace, Stirling, Linlithgow, Edinburgh, and other places, for

short or long periods as suited his pleasure.

The King having resolved to support the claim of Perkin Warbeck to the

throne of England, ordered the crown vassals to muster at Lauder. The

artillery stored at the King’s work in Leith, the castle of Edinburgh,

and the Abbey of Holyrood, was inspected and put in order. Parties

of workmen were sent to the woods of Melrose and of Irneside to make

carts, wheels, and all the requisite timber appliances, while the

King’s forge was used for preparing the necessary ironwork. New tents

were made for the King, and a banner of red and blue taffeta for Perkin,

who had now assumed the title of Duke of York. The preparations for the

invasion of England were completed on the 12th of September, 1496. John

Sandilands of Hillhouse, who had charge of the artillery, was ready

to advance. The master-gunners were mostly foreigners, the rest were

craftsmen, smiths, carpenters, and quarrymen, who were also trained

to work the guns. Before starting the bellman was thrice sent through

Edinburgh calling for workmen to engage for wages, and one hundred and

forty-three carters, with one hundred and ninety-six horses, were hired

for fourteen days’ service at a shilling a day for each man or horse,

for the conveyance of the guns, carts, tents, and other war materials,

“and seventy-six men with spades and mattocks to clear a way for

the artillery.” On the 14th the King and the Duke of York made their

offerings in Holyrood, and ordered a trental of masses for the success

of the undertaking, and then marched southward. The Scots crossed

the Border and entered Northumberland; the Duke of York then issued a

manifesto to his subjects, declaring that he had come to deliver them

from the usurpation and tyranny of Henry VII.; but the English showed

no signs of enthusiasm for a new King introduced by a Scotch army. The

King and his army plundered Northumberland, and returned to Scotland.

On the 8th of October the King and the Duke had returned to Edinburgh.

After this inglorious and utter failure, Perkin’s followers soon fell

away. James IV. at last discovering that the cause of Perkin was

unpopular among the Scotch people, resolved to send him away. A ship

called the _Cuckoo_ was equipped at Ayr, and stored with provisions,

which consisted of seventeen carcases of beef and twenty-three of

mutton, four tuns of wine, ten pipes of ale, two pipes of cider and

beer, two thousand biscuits, eight bolls of oatmeal, a hogshead of

herring, twelve ♦keeling, and six stone of cheese, and there was also

a store of peats, coal, and one hundred candles. In the middle of July,

1497, Perkin, his wife, and about thirty attendants, sailed from the

port of Ayr, under the care of Robert Barton, a skilful mariner, and

on the 26th of July he arrived at Cork, where he was coldly received;

thence he sailed with three small ships for Cornwall, and landed at

Whitsand Bay on the 7th of September. He assumed the title of Richard

IV. and raised his standard. About three thousand men joined him,

and he attacked Exeter; but he was captured on the 5th of October and

carried to London. He was first placed in the stocks at Westminster,

and then imprisoned in the Tower. Having plotted with the Earl of

Warwick to escape from the Tower, and killed a lieutenant, he was

hanged at Tyburn on the 28th of November, 1499. Thus ended the career

of Perkin Warbeck.¹

♦ “keling” replaced with “keeling”

¹ _Accounts of the Lord High Treasurer of Scotland_, Volume I.,

Preface, pages 126‒128, 139‒142, _et seq._; _Exchequer

Rolls of Scotland_, Volume XI. I have stated above that

this impostor was a son of a Florentine Jew, but according

to Perkin’s own confession he was a native of Tournay in

Flanders.

After Warbeck’s departure great preparations were made for a raid into

England. A strong force was mustered at Melrose, and the artillery was

put in order at Edinburgh and Leith, and a large number of gunners, men,

oxen and horses, were hired to convey the guns and war materials. But

the only result of these preparations was an unsuccessful siege of the

castle of Norham, and the usual plundering. On the 30th of September,

1497, a truce for seven years was concluded between the two kingdoms,

which was subsequently extended to continue during the lives of the two

Kings.

James IV. was an exceedingly popular King, as he was constantly moving

through the kingdom on pilgrimages, or with the circuit courts, and

was often seen by all classes of his subjects in every quarter of

the country. He was open-handed with his money, and in his movements

through the kingdom always paid even for the smallest services. In July,

1496, Don Pedro de Ayala, the Spanish Ambassador, arrived in Scotland;

he was an able and accomplished man of the world, and having proceeded

to the Scottish court, as the representative of the greatest power in

Europe, he found the King of Scots to be an attractive character. The

Spanish Ambassador said: “When I arrived he was keeping a lady with

great state in a castle. He visited her from time to time. Afterwards

he sent her to the house of her father, who is a knight, and married

her.” This lady was Margaret Drummond, the youngest daughter of John

Lord of Drummond, and she was then living in Stirling Castle. For the

year 1496 the records contain considerable sums of money which were

paid to defray her expenses while she was residing in Stirling, and in

Linlithgow. She returned home in the spring of 1497, and that year she

bore a daughter to the King. This child in due time became the wife

of John Lord Gordon, and thus she was the mother of the fourth Earl

of Huntly.¹ The sad tragedy which befell Margaret Drummond and her two

sisters occurred in 1502. While residing at Drummond Castle the three

sisters, after partaking of breakfast, died in extreme pain, there

being a strong suspicion that they had been poisoned.

¹ _Accounts of the Lord High Treasurer of Scotland_, Volume I.;

_Exchequer Rolls of Scotland_, Volume XII.

At an early age James IV. formed an intimacy with Margaret, or Mariot,

Boyd, a daughter of Archibald Boyd of Bonshaw, and by this lady the

King had a son, who was born about the year 1491. This son of James

IV., on the death of his uncle, the Duke of Ross and Archbishop of St.

Andrews, in 1503, was appointed to the primacy, which he held for ten

years. He was slain at the Battle of Flodden. James IV. formed another

illicit intimacy with Janet Kennedy, a daughter of Lord John Kennedy,

and by her he had a son, who was born about the year 1500, and named

James Stewart. In 1501 Janet Kennedy retired with her infant son to the

castle of Darnaway in Moray, and there the child was brought up as Earl

of Moray.¹

¹ _Exchequer Rolls of Scotland_, Volume XII.

Some of the obstacles to the King’s projected marriage having been

removed, as indicated in the preceding paragraphs, negotiations were

opened in June 1499, to treat for his marriage with the Princess

Margaret, daughter of Henry VII. The negotiations proceeded smoothly,

but, as James and Margaret were within the prohibited degrees of

relationship, Henry VII., in July, 1500, had to obtain a papal

dispensation which removed this impediment to the marriage. In November

1501, Henry VII. empowered the Earl of Surrey, and the Archbishop of

Canterbury, and the Bishop of Winchester, to treat with the Earl of

Bothwell, the Archbishop of Glasgow, and the Bishop of Moray, on all

the matters connected with the proposed marriage. They immediately

entered on their arduous task, and before the end of January 1502,

they framed three treaties:――one sanctioning the marriage between

the Princess and the King of Scotland; another for a perpetual peace

between the two kingdoms; and the other providing for the preservation

of order on the marches of the two countries. In the marriage treaty

it was stipulated that the Princess should be conveyed to Scotland, at

her father’s expense, and delivered to those appointed to receive her

at Lamberton Church in Lammermoor, on or before the 1st of September,

1503; and that the marriage should be solemnised within fifteen days

thereafter. Immediately after the marriage the Queen should obtain

seisin of all the lands, castles, and possessions, which had in past

times formed the jointure of Queen dowagers; and if the rents of

these possessions be below £2000 sterling, additional lands should

be assigned to her. The Queen should be allowed twenty-four English

servants, also Scotch retainers, and her husband should, at his own

cost, maintain her in a style befitting her rank as a Queen’s daughter

and a King’s consort, and provide her with a yearly allowance of 500

marks sterling. Her dowry, amounting to £10,000 sterling, was to be

paid by her father in three instalments, £3,333 on the marriage day,

and the remainder within three years; and if the Queen died without

issue within this period, then James IV. should have no right to the

unpaid balance. The treaties were duly ratified, and Lord Dacre, Sir

Thomas Darcy, Sir Henry Babington, and other commissioners were sent

from England to see that the contemplated arrangements touching the

jointure lands, and the punishment of offenders on the marches, were

carried into effect.¹

¹ _Fœdera_; _Calender of Documents relating to Scotland_,

Volume IV., pages 332‒336, _et seq._; _Exchequer Rolls_,

Volume XII., page 185.

On the 12th of July James IV. promised to Henry VII. not to renew his

league with France “till he consults with him, or is further advised.”

James also promised to pay suitable wages to Queen Margaret’s English

attendants.

Under the care of the Earl of Surrey the young Princess commenced

her journey to Scotland in the beginning of August, accompanied by a

retinue which increased as it advanced northward. The Earl of Morton

and a number of Scotch nobles proceeded to Lamberton Church and

received the Princess, and James joined the party at Newbottle. The

marriage was celebrated on the 8th of August, 1503, in the church of

Holyrood, amid great rejoicing and magnificent display. Exactly one

hundred years later, the issue of this marriage united the Crowns of

England and Scotland.

It has been already mentioned that the relations of Scotland with

foreign powers had assumed some importance. Henry VII., as we have

seen above, had exacted a promise from his son-in-law that he would not

renew his league with France without consulting him; but Louis XII. of

France despatched Bernard Stuart, Lord of Aubigny, as his ambassador

to the Scottish King. James received him with the utmost respect, and

placed him in the most honourable seat at his own table. Subsequently

Pope Julius II. sent an ambassador to the Court of Scotland, who

presented to James IV. a consecrated hat and sword as a special mark of

the Holy Father’s regard for him. The object of the Pope was to detach

the King from his alliance with France, but he utterly failed. Shortly

after, an embassy from the King of France arrived in Scotland, with

the object of inducing the King to join the ♦Cambray League, which had

been formed in 1508 against the Republic of Venice. It appears that

Henry VII. had some suspicion of his son-in-law, for, on the 12th

of December, 1508, he issued instructions to the Captain of Berwick,

in which it was stated that “if the Scots threatened an invasion or

besieged the town, the garrison of the castle should be increased to

six-hundred-and-thirty men.”¹

♦ “Cambary” replaced with “Cambray”

¹ Pinkerton’s _History of Scotland_, Volume II.; _Calender of

Documents relating to Scotland_, Volume IV., page 351.

Henry VII. died on the 21st of April 1509, and it may be said with

truth that by his death Scotland lost a friend and an unusually quiet

neighbour. His son, Henry VIII., who succeeded to the throne of England,

was a different personage, and not long after his accession the old

strife was renewed.

James IV. took an interest in shipbuilding, and in his reign Scotland

attained some importance as a naval power. Although there were no

war ships, strictly speaking, as the same ships were used for both

commerce and war, according to the exigence of circumstances. Still,

in a limited sense, it might be said that the King possessed a navy.

The King’s most distinguished captains were Sir Andrew Wood and the

Bartons, while the ships which won distinction, the _Yellow Carvel_,

the _Flower_, and others, were simply armed merchantmen.

At this period the distinction between honest trading and piracy

was not clearly drawn, and it was alleged that the Scottish captains

sometimes indulged in piratical exploits. Owing to the complaints

of English merchants against the Scotch captain, Andrew Barton, Lord

Thomas Howard and Sir Edward Howard, with two men-of-war, attacked

Barton’s ship, the _Lion_, and a small sloop called the _Pirwen_, in

the Downs. After a long and severe fight Barton was killed, and his

ships detained as prizes. James IV. immediately sent a herald to demand

satisfaction, but Henry VIII. replied that the destruction of pirates

was no infringement of their treaty. Other causes of quarrel soon arose.

Henry VIII. resolved to engage in a war against France, the ally

of Scotland. Ambassadors from the Pope, Spain, and England, arrived

in Scotland for the purpose of persuading James IV. to join in the

war against France; but all their efforts proved in vain. James IV.

declined to abandon his old ally, and resolved to assist France by

an invasion of England. Attempts were made to dissuade the King from

engaging in a war with England, but he had formed his resolution, and

determined to adhere to it and abide the issue. In the summer of 1513

he ordered the whole feudal force of the kingdom to muster on the

Borough Moor, near Edinburgh; and on the appointed day a large army

assembled. The King placed himself at the head of his army and marched

southward. On the 22nd of August he crossed the Tweed and encamped

on the banks of the Till. There he passed an Act, which ordered that

the heirs of all who fell in this war should be free from the feudal

burdens of “ward, relief, and marriage,” whatever their age might be.

The army marched along the side of the Tweed, and besieged the castle

of Norham, which was captured on the 29th of August. Valuable time was

lost in taking the border castles of Wark, Etal, and Ford, which gave

the enemy an opportunity of mustering his forces and advancing against

the Scots. The English army, under the Earl of Surrey, was advancing

northward, and messages passed between him and James IV. Although

James was brave and determined, as general of an army he had no

qualifications whatever; his idea of leadership was simply to make a

stand-up fight.

On receiving intelligence of the approach of the English army, the

Scots quitted their encampment and took up a strong position upon

Flodden Hill. When Surrey observed the position of the Scots, he did

not deem it wise to attack them then. He passed the Till on the 8th

of September, and marched in a north-westerly direction till near

the confluence of the Till and the Tweed, and then recrossed the Till

at Twisel Bridge. By this movement Surrey placed his army between

the Scots and their own country. He then drew up his army in battle

array on the left bank of the Till. When the Scots saw that they were

outgeneraled, they set fire to the tents of their encampment, descended

from the Hill of Flodden and took possession of the neighbouring height

of Brankston, towards which the enemy was advancing from the opposite

direction.

The opposing armies were nearly equal in numbers, each numbered about

thirty thousand men. The English advanced in four divisions, and the

centre of their line of battle was commanded by the Earl of Surrey.

The left wing of the Scots was commanded by the Earl of Huntly and Lord

Home, and the right wing by the Earls of Argyle and Lennox, and the

King in person and on foot led the centre. At four in the afternoon

of the 9th of September 1513, the battle commenced with cannonading on

both sides; the English artillery was better served than the Scotch,

and did considerable execution in the ranks of the latter. Huntly and

Home with the left wing of the Scots attacked the English vanguard and

drove it back in disorder; but the English reserve then advanced and

kept Huntly in check. After a long and severe struggle, in which the

Earls of Lennox, Argyle, Crawford, Montrose, and many others were slain,

the right and left wings of the Scots were completely routed. Meantime,

the King and the Earl of Surrey were wrestling in a fierce hand-to-hand

combat in the centre. The King placed himself in front of his spearmen

and fought with the utmost fury and bravery, and the English ranks were

repeatedly broken and Surrey’s standard threatened. At last the King

and his division were completely surrounded by the enemy; still the

Scots fought in a circle with their spears extended and repelled their

assailants――

“The stubborn spearmen still made good,

Their dark impenetrable wood,

Each stepping where his comrade stood,

The instant that he fell.

No thought was there of dastard flight,

Link’d in the serried phalanx tight;

Groom fought like noble, squire like knight,

As fearlessly and well.”¹

At length the King himself fell mortally wounded in the head within a

spear’s length of the Earl of Surrey; yet the Scots continued to fight

till night put an end to the contest. Surrey then withdrew his forces,

for he was uncertain of the issue of the battle as the Scottish centre

remained unbroken; but when day dawned, it was seen that the Scots had

retired from the field, and left their artillery standing on the side

of the hill.

¹ Scott’s _Marmion_.

The loss of the Scots on Flodden field was lamentable. Upwards of eight

thousand men were slain, including the King and his son, the Archbishop

of St. Andrews; twelve Earls, Lennox, Argyle, Athole, Erroll, Crawford,

Morton, Montrose, Bothwell, Caithness, Cassilis, and Rothes; five

eldest sons of peers; fifteen lords and chiefs of clans; the Bishop

of Caithness, the Abbots of Inchaffray and Kilwinning, and the Dean

of Glasgow, and La Motte, the French ambassador. Indeed there were

scarcely a single family of note in the kingdom but had lost some

of its members. The English lost about five thousand men, and Surrey

disbanded the remainder of his army. The body of James IV. was found by

Lord Dacre among the slain; and it was embalmed and subsequently placed

in the monastery of Sheen in Surrey.

CHAPTER X.

_The Social Condition of the Nation

in the Thirteenth and Fourteenth Centuries._

IN this chapter the social state of the people will be treated at

length. The government and the administration of justice, the power

of the nobles, and the condition of the tenants and labourers of the

land, will be explained; the state of the burghs and towns; the habits,

dress, and amusements of the people will be handled; the state of the

Church, the religious sentiments of the people, and many other matters

associated with the life of the people and the state of society, will

be touched on.

A notice of the King’s Council and its function was given in a

preceding chapter, and its relation to feudalism indicated. The Scotch

parliament gradually arose from these meetings of the twelfth and

thirteenth centuries which were frequently mentioned in preceding

pages. One of the stipulations of the treaty of Brigham declared that

no parliament should be held beyond the boundaries of the kingdom to

treat on Scotch affairs. John Baliol held a meeting at Scone in 1293,

and another at Stirling the same year, and both were called parliaments

in the record. From this date the term parliament was freely applied

to assemblies of a national and legislative character. A parliament met

at Dunfermline on the 23rd of February 1296, and ratified the treaty

between Baliol and the King of France; and the seals of four bishops,

four monasteries, four earls, eleven barons, and six of the burghs,

namely, Aberdeen, Perth, Stirling, Edinburgh, Roxburgh, and Berwick,

were affixed to the treaty. Still, from the phraseology of the deed

itself, it is uncertain whether the representatives of the burghs were

actually present, and voted in parliament, as their consent might have

been obtained in some other way.¹

¹ _Acts of the Parliaments of Scotland_, Volume I., pages

89‒97. On the 29th of March 1298, William Wallace, Guardian

of the kingdom of Scotland, in the name of King John, and

the consent of the community, granted a charter to Alexander

Scrymgeour, conferring on him and his heirs the office of

hereditary Constable of Dundee.

Robert Bruce held a parliament at St. Andrews on the 16th of March

1308, in which a letter to the King of France was dictated. The parties

consenting to the document were styled earls, communities of all the

earldoms of the kingdom, Edward Bruce of Galloway, James, the Steward

of Scotland, Alexander of Argyle, Donald of the Isles, Robert Keith,

Mareschal of Scotland, and other barons, and also the barons of Argyle

and Torchegall, and the whole inhabitants of the kingdom. In November

1314 Bruce assembled a parliament at Cambuskenneth, in which the

bishops, earls, barons, and others of the nobility, but not all the

communities of the kingdom, were present. In the parliament held at

Ayr in 1315, the heads of communities affixed their seals to a deed;

and the parliament which met at Scone in December 1318, settled the

succession to the throne, and also passed a number of other Acts. The

record stated that these were enacted “by the counsel and the express

consent of the bishops, abbots, priors, earls, barons, and the whole

community of the kingdom in our full parliament held at Scone.” Still

it may be doubted if the representatives of the burghs were actually

present as in a parliament, or gave their consent by voting in any

of the meetings noticed above. But in the parliament which met at

Cambuskenneth on the 15th of July 1326, there is clear evidence

that the burgesses sat with the earls, barons, and free tenants.

This parliament voted a supply to meet the expenses of the War of

Independence. It was then resolved that owing to the diminished

value of the Crown lands and revenues, as the result of the war, a

tenth penny should be granted to the King out of all the rents, to be

computed, except in some cases of extreme devastation, according to

the old extent of the reign of Alexander III. From this date onward the

representatives of the burghs usually sat in full parliaments, and were

recognised as a constituent branch of the great legislative and supreme

assembly of the nation.¹

¹ _Acts of the Parliaments of Scotland_, Volume I., pages

91‒127, _et seq._

It is necessary to observe further, in reference to the occurrence in

the national records in times anterior to the period under review, of

such expressions as “with the consent of the people,” “with the consent

of the community,” “with the consent and assent of all the people

of the kingdom,” that such phrases were not always, or even usually,

devoid of historic reality, truth, and value. Although the great body

of the people were not represented in the King’s council, in parliament,

or in any other legally specified form, still the voice and consent

of the people in reference to great undertakings, and the sanction of

important matters, was frequently sought and obtained by the supreme

heads of the kingdom from an early period. In preceding chapters many

indications have been incidentally mentioned as to how the voice and

consent of the people was obtained; as, for instance, when the people

assembled at the coronations of the Kings on the Mote Hill of Scone. On

such occasions the assembled multitude gave their “consent and assent”

to the inauguration of the Kings as their lawful and rightful rulers.

At the election of bishops, and other public officials in early times

“the consent and assent” of the people was sought and given in a

similar way. When Robert II. obtained the solemn sanction of parliament

to his settlement of the succession to the throne of Scotland in the

male line, in 1373, was he then satisfied with this sanction? No; for

it has been already stated, in a preceding chapter, that immediately

after the sanction of parliament was given and completed “the

whole multitude of the clergy and the people in the church of Scone

before the great altar, being specially convened for the purpose,

the aforesaid declaration, ordinance, and statute, thus sworn (in

parliament) being explained to them in a loud and public voice, each

raising his hand, after the manner of faith-giving, in token of the

universal consent of the whole clergy and people, publicly expressed

and declared their consent and assent.”¹ This mode of obtaining the

“consent and assent of the people” to a great and important national

matter was not an innovation of the first Stuart king, it was simply

a revival of a customary manner in which the people had sanctioned,

and given their “consent and assent” to public matters associated

with government for probably thousands of years before the period of

parliaments.

¹ See under page 315.

During the minority of David II. few records of the parliaments which

assembled have been preserved; but, after his return from captivity,

several rolls of the parliamentary proceedings of the later part of his

reign still exist. From its origin onward the Scotch parliament assumed

and exercised the functions of a Supreme Court of appeal and review.

It seems to have extended its power considerably in the reign of

David II. Parliament then treated the details of the administration of

justice, the coinage and the currency of the kingdom; and it assumed

the power and right to dictate terms of peace with foreign kingdoms;

and directly controlled the King himself in his expenditure. This had

become necessary owing to the character of the King, and his intention

to degrade and extinguish the independence of the nation, as was shown

by an enactment passed in a parliament held at Scone in 1367――“that no

officer should put in execution any royal warrant against the statutes

and common form of law.”

In the fourteenth century small barons and free tenants considered that

it was a great hardship to have to attend parliament. As yet there was

no regular representation. From this reluctance to give attendance,

some of the peculiarities of the Scotch parliament, and the mode of

conducting business in it, originated. In a parliament held at Scone in

September 1367, it was stated that, as it was autumn, and inconvenient

for many of the members to remain in attendance, a certain number

of persons were elected to hold the parliament, and the rest were

permitted to return home. The following year parliament assembled

at Perth in March, and owing to the inconvenience of the season and

the dearness of provisions, certain persons were elected to hold the

parliament, and they were divided into two committees, one to treat on

the general affairs of the nation, and a smaller one to sit on appeals

from the inferior courts. At another parliament, held in 1369 at Perth,

two committees were appointed, one to deal with appeals, questions,

and quarrels, which ought to be decided in parliament, and the other

to treat on special and secret affairs relating to the King and the

kingdom, previous to their being placed before the full parliament, as

it was inexpedient that the whole body should assist at a deliberation

of this character or be kept in attendance. In these arrangements the

origin of two peculiarities of the Scotch parliament clearly appears,

namely, the institution known under the name of “The Lords of the

Articles,” and “The Judicial Committee of Parliament.”

There was little constitutional development during the reigns of

the first two kings of the Stuart line. The statute passed in the

reign of Robert III., which threw on the King and his officers the

responsibility for the misgovernment of the kingdom, was noticed in

a preceding chapter. In 1427 James I. attempted to introduce a form

of representation of the small freeholders, but the act was totally

ineffectual, as no representatives were actually returned to parliament;

while Acts continued to be passed for upwards of a century to relieve

the small barons from attendance at parliament. In 1457 it was enacted

that no freeholder, who holds of the King under the value of £20,

should be constrained to attend in parliament or a general council.

Again, in 1503, an enactment was passed which declared that no man

should “be compelled to come personally to parliament whose lands

were valued under one hundred marks.” There was no regular form of

representation of the small barons and freeholders in parliament till

1587.

Originally each of the royal burghs had to send at least two

representatives to parliament, but the number of burgh members who

actually attended was unusually small. The great officers of the Crown

had a seat in parliament in virtue of their offices. The members of the

Scotch parliament all sat and voted in one house. But there was a body

called the ‘Lords of the Articles,’ which originated in the latter

years of the reign of David II., as indicated above. At first they

seem to have been elected to deal with special matters, but they

soon obtained the initiative of all measures and the management of

parliamentary business. The mode of electing the Lords of the Articles

seems to have been thus:――The clergy elected a certain number from

their own body, the nobles in like manner, and also the representatives

of the burghs, and the great officers of the Crown were entitled to act

among the Lords of the Articles in virtue of their offices. This body

usually arranged and prepared all the acts and measures, which were

then brought before the full parliament, and at once voted and passed,

without debate or deliberation.

As stated in a preceding chapter, James I. made an attempt to establish

a court of supreme civil jurisdiction; and in 1457, parliament enacted

“that the Lords of the Session should sit thrice every year, and

each time for forty days in these three places, Edinburgh, Perth, and

Aberdeen, and that nine persons should sit, three from each estate.”

In 1503 parliament announced that “there had been a great confusion of

summons at each session, as there was no time to bring them to an issue

and ending, therefore it was statuted, that a council should be chosen

by the King which should sit continually in Edinburgh, or where the

King resides, or where he thinks fit, to decide all manner of summons

in civil matters and causes daily as shall happen to occur; and should

have the same power as the Lords of Session.” These attempts entirely

failed, and parliament continued to appoint its own Judicial Committee,

who exercised the functions of a court of appeal, and also decided

causes in the first instance; their jurisdiction was similar to that

of the King’s Council. In 1467 parliament ordered that “all summons

and causes which were left undecided in this parliament, should be

decided before the Lords of the Council;” and causes which commenced in

the one court were sometimes disposed of in the other. The proceedings

of the Judicial Committee for the period from 1466 to 1494 have been

printed, and also the judicial proceedings of the Lords of Council from

1478 to 1495. These books are the earliest body of recorded law cases

which have been preserved in Scotland, and contain valuable historical

materials. Trial by jury was a characteristic of these courts. Although

the mode of taking evidence was crude, and testimony was admitted on a

principle not admissible now, still there was a striking improvement as

compared with the trial by ordeal and the processes of the twelfth and

thirteenth centuries. The functions of both these judicial bodies were

merged in the Court of Session established in the reign of James V.

In the fourteenth and fifteenth centuries the courts of the Church

monopolised a large portion of the civil business of the kingdom. The

Consistorial Courts of St. Andrews, Galloway, Edinburgh, and others,

had a great mass of legal business to execute. Their jurisdiction

embraced all cases of legitimacy and divorce; the large class of cases

connected with wills and executory; the affairs of widows and orphans;

questions of slander, and disputes arising on contracts, if they had

been sanctioned by an oath. The Consistorial Courts professed to take

care of the affairs of the poor, and those who were unable to pay for

the advice and assistance of lawyers, but contemporary literature does

not give them much credit for the performance of this part of their

duty.¹

¹ Henryson’s _Poems_, pages 148‒152. Laing’s Edition, 1865.

Owing to the introduction of Norman Feudalism and an extraneous

nobility, from the beginning of the reign of David I. to the reign of

Alexander III., the greater part of the land of the kingdom changed

owners. David I. and his two grandsons bestowed lands on these

extraneous nobles profusely, which entailed a legacy of enormous evil

upon the nation, and created a disorderly condition of society. These

Normans, mainly through their craft in forming marriage contracts,

obtained possession of extensive territories and rose to influence

and power; and at last they claimed the Crown and kingdom of Scotland.

They then sold the independence of this Crown and kingdom without “the

consent or assent of the people.” The invasion of the kingdom and the

War of Independence ensued.

From the commencement of the War of Independence to the middle of the

fourteenth century, the greater part of the land in the country changed

owners three or four times. A number of those Norman nobles who sold

the independence of the kingdom, and aided Edward I., II., and III.,

in their invasions of Scotland, at last forfeited their possessions

in Scotland. Robert Bruce was the first Scotch king since the reign of

Malcolm III., who discovered that no Norman noble could ride upon two

horses at once running in opposite directions. The result of this was

that Robert I. disinherited the Baliols, the Comyns, and many others;

and then conferred their forfeited possessions on his own supporters,

who had assisted him to recover the kingdom from the enemy. In this way

a considerable number of the small families of gentry were raised to

wealth, power, and influence; and amongst these were the Douglasses,

Gordons, Lindsays, Campbells, Hays, and many other families. But

unhappily Robert I. made no effort to limit the feudal power and the

privileges of the nobles in relation to the land and the people; on

the contrary, he rather extended their powers in these directions. He

not only gave his nephew, Thomas Randolph, the earldom of Moray with

the usual rights and privileges, but also conferred on him the burghs

of Elgin, Forres, and Nairn, the customs of Inverness, the burgh of

Lochmaben, extensive estates in the sheriffdoms of Dumfries and Berwick,

and the island of Man. Bruce also gave the town of Cromarty to the Earl

of Ross.¹

¹ _Exchequer Rolls of Scotland_, Volume I.

Although Bruce during his own reign kept his nobles in restraint, owing

to his success, yet in the reign of his son, David II., they greatly

extended their power; while the weak reigns of Robert II., and Robert

III., afforded the nobles many opportunities of extending their power,

which they eagerly embraced; and ere the end of the fourteenth century

they had attained to a position incompatible with any form of settled

government. When two or three of the chief nobles united, they were

more than a match for the King, and they often strengthened themselves

in this way. They entered into bonds and leagues, by which individual

nobles or families bound themselves to take part in the causes and

quarrels of each other; and this reacted in the most disastrous way

upon the social state of the nation. These bonds and leagues became so

universal in the fifteenth century and the first half of the sixteenth,

that there ♦was scarcely a man in Scotland, above the rank of the

smallest landholder, who was not bound in one or more of these private

leagues. Such bonds were always confirmed by the oaths of the parties.

The marriage alliances between families were also usually accompanied

by a bond, obliging the parties to assist each other in “all their

actions, causes, and quarrels, moved and to be moved, with their

persons, goods, fortunes, castles, kin, men, and friends; and all that

will do for them, contra and against all men that live and die may,

their allegiance to our lord, the King, except.” Thus powerful nobles

who held bonds from a host of other nobles and barons sworn to take

part in all their quarrels, were not likely to appeal to the ordinary

courts of law for justice, when they could more effectively secure what

they desired by force. So the King often found it necessary to suspend

and to forbid the holding of courts, in order to prevent hostile

collisions and bloodshed between rival barons and their armed vassals

and sworn adherents. In July 1474 the King sent letters to the Earl

of Buchan and the Lord Oliphant commanding them to stay their muster

for the court of Forfar; it appears that they disobeyed the King,

and the muster issued in bloodshed. Such collisions were a common

enough occurrence. Parliament in 1478 had under consideration the

administration of justice throughout the kingdom; and it was then

resolved that immediate steps should be taken to remedy the great

breaches which existed in various parts of the kingdom; and ♠especially

in Angus, between the Earl of Buchan and the Earl of Erroll and their

parties; and in like manner between the Master of Crawford and the Lord

of ♣Glamis and their parties; and in Nithsdale and Annandale between

Lord ♥Caerlaverock and the Laird of Drumlanrig; and the great struggle

raging in Caithness, Ross, and Sutherland, and in other quarters of the

kingdom.¹

♦ “were” replaced with “was”

♠ “especi-” replaced with “especially”

♣ “Glammis” replaced with “Glamis”

♥ “Caerlaverok” replaced with “Caerlaverock”

¹ _Accounts of the Lord High Treasurer of Scotland_, Volume I.;

_Acts of the Parliaments of Scotland_, Volume II., pages 16,

122; _Miscellany of the Old Spalding Club_, Volumes II., IV.

The right which earls possessed of granting charters to their vassals

within the territories of the earldoms, gave them an enormous power

over the people; and as mentioned in a preceding page, Robert I. rather

extended the feudal rights and powers of the nobles than limited them

in any way. But James I. clearly saw and realised that Norman Feudalism

contained in itself the essence of anarchy, and that no effective

government could be established while the nobles had such feudal rights,

and local power over the people. He therefore immediately proceeded to

act, and attempted to reduce the rights and the power of the nobles;

but these were too deeply rooted to be summarily extinguished, and

in spite of his exceptional abilities, his great energy, and his

utmost efforts, he soon fell a victim to their revenge. The attempts of

James II., James III., James IV. and James V., to restrain the lawless

anarchy and the oppression of the feudal nobles all proved equally

unavailing; and their power and turbulence continued to rage unabated

till past the Reformation period.

In the later part of the fourteenth century and the first quarter of

the fifteenth, the social state of the nation was deplorable, the great

nobles oppressing the poor people, and murders, robberies, and other

heinous crimes were committed with impunity. On the most frivolous

pretences, tenants were evicted from their holdings, and the labourers

from their cottages. Parliament tried to check this, and in 1401 it

was enacted that such resumptions of holdings by the overlord should be

null, unless lawful cause was shown; and it was provided that evicted

tenants should not lose their right to their lands till after the lapse

of a year, if they repledged them within forty days. It appears that

the overlords often expelled their vassals by force, and in this way

the nobles were enabled to accommodate their own sworn adherents, and

to crush all those within their territories who may have declined to

join in their projects, quarrels, and lawless proceedings. Thirty years

later, James I. simply requested the barons and bishops not to remove

the husbandmen and labourers suddenly from their lands if they had

leases. In 1449 parliament passed an act which aimed at giving more

security to the tenants, but it was not carried into effect. Parliament

in 1457 passed a statute which allowed lands to be let on feu-tenure,

free from military service; and the Act enjoined that the King should

show an example to the nobles, the bishops, and freeholders, by feuing

the Crown lands. In 1491 it was enacted that when land changed owners,

the tenants, labourers, and the inhabitants should not be removed

before the ensuing Whitsunday. At the terms of Martinmas and Whitsunday

there were always much poinding of the goods and effects of the tenants

for their rents, and a great commotion of “outcasting and incasting

among the tenantry all over the country.”

Even the small class of landed proprietors within the earldoms and

great free baronies of the kingdom were bound hand and foot to the

policy and service of their overlords. The baron always had the power

to expel and disinherit a refractory vassal, on the ground that he had

failed to render the proper feudal services to his lord. The overlord

might also raise a plea that his vassal was not the lawful heir, and

on that ground turn him out of his home and land. Much injustice was

inflicted upon the tenants and the inhabitants of the kingdom by the

action of the creditors of the nobles. When these exalted personages

fell into debt then their creditors sued for briefs of distress,

obtained judgments against them, and immediately seized the property

of the lord’s tenants. By such processes the tenants were often totally

ruined. In 1469 parliament passed a measure which attempted to remedy

this injustice, and it was then declared that the poor tenants should

not be held liable for more than the amount of their rent due to

the lord. If the debt exceeded the rents, then the creditor could

have recourse to the other goods of the debtor, and if he had no

other property but his land, the land itself might be sold to pay his

debt. But the debtor retained the right to reclaim his land from the

purchaser at any time within seven years, if he paid the same price as

it had been sold for. This Act had little or no effect in the fifteenth

century, although subsequently when the power of the nobles began to

wane it came into operation. Such were the relations between the feudal

aristocracy and the occupiers and tillers of the land, as presented in

the national records.¹

¹ _Acts of the Parliaments of Scotland_, Volume I., pages

208‒214, 217; Volume II., pages 17, 35, 225, 49, 96,

213, 248‒255, 286, 288, 367‒369; _Registrum Episcopatus

Moraviensis_, page 382.

The occupiers of the land and the people generally were severely

oppressed by the nobles and their retinues travelling through the

country; as the nobles, accompanied by a train of retainers, were in

the habit of living at free quarters on the husbandmen and the inferior

clergy, and thus consumed and often destroyed the crops and grass, and

any store of grain which these people possessed. Acts of Parliament

were repeatedly passed, with the object of checking and limiting this

form of oppression, but they failed to remedy the evil. Indeed, so

inveterate was the custom among the nobles of living on the produce

of the people as they passed through the country with their hosts of

followers, that in 1499 parliament found it necessary to enact and

command, “that all the officials and officers holding courts throughout

the kingdom, should ride with a small company only, in order that the

people might not be so grievously oppressed.” At the same time the

coroners were ordered to cease from taking the twopence of unlawful fee

from those who had immediately paid their bail. The oppression of the

people by the nobles, the Crown officers, and the entire organisation

of Norman feudalism, resulted in the infliction of enormous suffering

upon the people of Scotland. Contemporary literature as well as the

national records presents evidence of the oppressive character of

feudalism and the Scotch nobles. Bower, who wrote in the reign of

James II., presents a frightful picture of the state of the nation,

from which I quote the following:――“Confounded as we are with daily

tyranny, oppressed with rapine, spoil, and tribulation.... The groans

of the humble, and the miseries of the poor, whom I myself who write

this, have seen this very day in my own neighbourhood――stripped of

their garments, and inhumanely despoiled of their domestic utensils,

constrains one to exclaim with him who says, ‘I have seen the injuries

which are done, the tears of the innocent, the helpless and the

destitute, who cannot resist violence, and have none to comfort them.’

I have praised the dead more than the living, and happier than both

have I esteemed the unborn, the sole strangers to the evils of this

world.”¹

¹ _Acts of the Parliaments of Scotland_, Volume I., II.;

_Scotichronicon_, Volume II., page 473.

Robert Henryson, the poet, who wrote in the latter part of the

fifteenth century, frequently alludes to the state of society. His

writings indicate very clearly that the husbandmen and tenants were

grievously oppressed by their lords.¹

¹ Henryson’s _Poems_, pages 37, 152, 201, 214, 215.

Under the conditions indicated in the preceding page, agriculture could

not have been in a satisfactory state. In the fourteenth century a

large part of the best land of the country had been so much exposed to

the ravages of war, that some portions of the cultivated lands returned

to its natural state. After the return of James I., parliament passed

various acts relating to husbandry. In 1425 it was ordered that every

man who reasonably was a labourer, should either become the half owner

of an ox in the plough, or dig a plot of land seven feet square every

day. The following year, it was enjoined that every farmer in the

kingdom who possessed a plough of eight oxen, should every year sow

a firlot of wheat, half a firlot of pease, and forty beans, under a

penalty of ten shillings. And in his reign, Acts were passed for the

protection of growing crops, the destruction of wolves, and rooks.

In 1457 all the freeholders of the kingdom were ordered to make

a provision in their leases that their tenants should plant wood,

make hedges, and sow broom in the most suitable places; and that no

one should make enclosures of dry sticks or dressed wood, but only

of living plants, that wood might grow and become plentiful in the

country.¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages

6‒16, 51.

The Crown lands were extensive in the fifteenth century. In the reign

of James II., the Crown had lands in the neighbourhood of Edinburgh,

including Ballincreiff and Gosford. In the vicinity of Linlithgow, the

royal possessions around the palace were called the King’s acres, and

certain lands in the barony of Houston; and the rents of which amounted

in 1457 to £140 17s. 8d., with one chalder of barley, one of oats, two

dozen of hens, and two dozen of young cocks. The rents of the Crown

lands lying around the castle of Stirling, and in Stirlingshire in 1455,

amounted to £184 19s., with two dozen of salmon. The Earldom of Fife

fell to the Crown in 1425 on the forfeiture of the Duke of Albany; and

in 1457 the gross money rent was £560 12s. 7d., thirty-five chalders

and three bolls of wheat, sixty-two chalders and three bolls of barley,

forty-six chalders and three bolls of oats, and two bolls of oatmeal.

In the year 1451, four hundred and seventy-one young cocks, and one

hundred and four geese, formed a part of the rental of this earldom.

The Earldom of Monteith also fell to the Crown on the execution and

forfeiture of the Albany family in the reign of James I., and the King

retained the greater part of the lands of the earldom in his own hands.

For the year 1451 the money rental of the earldom amounted to £351 12s.

8d., and thirty-four chalders of oats, twenty-four chalders and seven

bolls of oatmeal, two chalders and two bolls of barley, thirty-four

sheep, sixty poultry, and one hundred and forty salmon. The Earldom

of Strathern was in the Crown, and in the latter years of the reign of

James II., its gross money rental annually ran from £316 to £461. The

Earldom of Athole was forfeited to the Crown by the treason of Walter

Stuart in 1437, and its money rental for the year 1450 amounted to £139

13s. 4d. James II. granted this earldom to Sir John Stewart of Balveny

in 1457. A large portion of Perthshire was in the possession of James

II., including the lands of Methven, which extended to the south and

west of the town of Perth; the barony of Strathbraan, which commenced

at Dunkeld, and included Logiealmond, and extended by Crief to

Innerpeffry; and at Loch Fruchy, in the upper reach of the strath, the

King had a hunting lodge. In 1455 the gross money rental of Methven was

£120 8s. 4d., three chalders and eight bolls of meal, and nine dozen of

poultry, while the money rental of Strathbraan was £46. The Crown had

many other lands in Perthshire, the lordship of Strathurd, Glenlyon,

Fothergill and others. In Forfarshire, the lordship of Brechin,

and other lands; and farther north, Aberluthnot, Fettercairn, and

Kincardine, were in the possession of the Crown. It was stated in a

preceding chapter that James I. annexed the Earldom of Mar to the Crown,

which then comprised nearly a half of the county of Aberdeen, and the

family of Erskine claimed it; but it seems to have been a disputed

possession between the Crown and Lord Erskine; and in 1459 James II.

granted the Earldom of Mar to his own youngest son, John, then an

infant. He died in the castle of Craigmillar, and the third son of

James III., John, was created Earl of Mar in 1486. The gross money

rental of the Earldom of Mar for the year 1459 was £396 10s., with

thirty head of cattle, for each of which 5s. was allowed, and two

chalders and four bolls of “custom oats,” for each boll of which 4d.

was allowed. After the Douglas forfeitures, the rents of the thanage

of Kintore fell to the Crown; and amongst the other Crown lands between

the Dee and the Spey were a portion of Badenoch, which fell to the

Crown on the death of Alexander, Earl of Buchan, in 1349, and the money

rental of which for the year 1455 was £20. But the forfeiture of the

Douglas tribe brought to the Crown the lands of Balveny, Boharm, and

Botriphnie, which had belonged to John Douglas, and the annual money

rental of these lands as given in the records vary from £25 to £73,

with seventeen cattle and the same number of sheep. In the same

locality, Kininmont, Buchromb, and the half of Clunymore, had fallen

to the Crown through the illegitimacy of David Garden, proved by a

jury at Aberdeen in the reign of James I. These lands were conferred

in liferent on Sir William Forbes of Kinaldy, and subsequently occupied

by the Earl of Huntly.

The Crown lands beyond the Spey were chiefly in the Earldom of Moray.

Farther northward, in the region between the Moray and Cromarty Firths,

called the Black Isle, also including Dunscathe on the north side

of the Ferry of Cromarty, is usually referred to in the records as

♦Ardmannoch, and sometimes Avach and Eddirdule. This district belonged

to the historic Sir Andrew Moray of Bothwell; but in 1362, Archibald,

Lord of Galloway, afterwards third Earl of Douglas, married Joan Moray,

widow of Thomas Moray, and through her the lands of Avach and Bothwell

passed to the Douglas family. Hugh Douglas derived his title of Earl

from the castle of Avach, on the moot hill of Ormond near Castletown

Point, on the Bay of Munlochy. The gross rental of the lands of

Ardmannoch for the year 1460 was £172 15s. 8d., with ten chalders

and nine bolls of barley, and ten chalders and nine bolls of oatmeal,

twelve cattle and twelve sheep.

♦ “Ardmannock” replaced with “Ardmannoch”

One third of Duffus was another portion of the lands forfeited by

Douglas Earl of Ormond, and its rental in 1458 was £24, with eight

chalders of barley, one chalder and ten bolls of malt, one chalder and

ten bolls of oatmeal, three cattle and three sheep. Strathdearn or the

valley of the Findhorn, and Petty and Brachly lying along the shores

of the Beauly Firth, were forfeited to the Crown by John Douglas of

Balveny. The money rent of Strathdearn in 1460 was £53 6s. 8d. The

rental of Petty and Brachly was £80 6s. 8d., with ten cattle and ten

sheep. In 1456 these lands were in the occupation of the M‘Intoshes.

The Crown held the lands of Bonach and Bannachare, lying to the

westward of Inverness and beyond the river Ness; and the barony

and castle of Urquhart with Glenmoriston lying on the west side of

Loch Ness; but in 1455, this barony, castle, and Glenmoriston, were

conferred in liferent on John Earl of Ross and Lord of the Isles.

The Earldom of March was in the possession of the Crown from 1434

till 1455, when James II. conferred it on his infant son, Alexander,

afterwards Duke of Albany. The gross rents of the lands of the earldom

were sometimes returned as over £570. The lordship of Stewartown, in

Ayrshire, fell to the Crown at the time of the Douglas forfeitures. In

1457 the rental of this lordship was £127 13s. 4d., and two chalders

and eight bolls of meal. The islands of Bute and Arran were in the

hands of the Crown. In the reign of James II. both these islands were

in the occupation of kindly tenants or rentallers. The money rental of

Bute was £141 18s. 6d., which included £40 from the burgh of Rothesay,

and in addition to this one boll of barley was paid for every mark of

money rent. Each tenant had also to give one mart for every five marks

of rent due by him, and these marts were valued at 5s. In the reign of

James IV. these tenants were converted into feuars, and they and their

descendants came subsequently to be popularly known as “the barons of

Bute.”

The annual money rent of Arran was £56 18s. 8d., with barley and

cattle as in Bute. The slate quarries of Bute were worked, and in 1445

11s. 10d. was paid for 13,000 slates, which were sent to Dumbarton to

repair the King’s castle. A passenger boat then plied between Bute and

Cowal, and the ferryman for some time received a boll of barley yearly

from the Crown. It appears that Arran was in a more unsettled state

than Bute, and in the former the King’s rents were not regularly paid.

The shores of Arran supplied the King’s household with the fish, called

in the records “mullones,” large quantities of which were bought at two

shillings a dozen.¹

¹ _Exchequer Rolls of Scotland_, Volume V., Volume VI. 1883.

In the preceding paragraphs the principal, though not the whole, of

the Crown lands have been indicated. It appears that in the fifteenth

century a considerable portion of land rent was still paid in produce.

In the reign of James IV. the Crown lands were fully as extensive as in

the reign of James II.

The Crown lands were mostly in the hands of farmers, who held varying

portions of land for payment in money and produce, under leases which

were renewed from time to time; and kindly tenants or rentallers, who

enjoyed a certain fixity of tenure, which, however, depended on the

current of national events, emergencies, and circumstance; in other

words, the success of the King’s government or the reverse. But, on the

whole, it may be fairly assumed that the farmers and the kindly tenants

on the Crown lands were in a more favourable position than the same

classes on the lands of the nobles. The kings retained small portions

of Crown lands in their own hands, which were cultivated by their own

agricultural labourers.

The tenants on the church lands probably held their lands under

somewhat easier terms than tenants on the estates of the nobles. All

the bishoprics and the great monasteries possessed extensive lands; for

instance, the see of Moray had eight baronies, namely, Spynie, Keith,

Rafford, Birnie, Kynneder, Strathspey, Fothirface, and Kilmiles.

Touching the condition of the actual labourers and tillers of the soil,

it was stated in a preceding chapter that this work was chiefly done

by bondmen and serfs. And farther, it was historically maintained

that these servile classes were mainly created in Scotland by Norman

feudalism in the twelfth and thirteenth centuries. It was shown that

serfs were actually bought and sold, and that they could be reclaimed

by their owners like strayed cattle or sheep. The bondmen and serfs

were numerous in the thirteenth century, but they became less numerous

in the fourteenth, and disappeared before the end of the fifteenth

century. What were the causes of their disappearance? No Act of

Parliament nor canon of the Church ever proclaimed their emancipation;

on the contrary, parliament and the civil law supported the institution

of serfdom by written enactments and the decisions of the courts; while

the Church appears to have possessed a large number of serfs, and was

exceedingly careful in tracing and keeping records of their descent.

Indeed, the last case of claiming serfs which occurred in Scotland, so

far as known, was in 1364, when the Bishop of Moray, before the Sheriff

of Banffshire and a jury, obtained a verdict finding that two men were

his natives and property.¹ Thus it is obvious that the extinction of

serfdom was not effected by the Church or Parliament.

¹ _Registrum Episcopatus Moraviensis_, page 161.

The only series of events and social phenomena which contributed to

the emancipation of the serfs were those connected with the War of

Independence. When Edward I. conceived his scheme to conquer Scotland,

he thought that when he obtained the homage and submission of the

Scotch nobles, knights, landowners, clergy, and the magistrates

and heads of the burgh communities, then his object would be easily

accomplished. The mighty Lord Paramount would have disdained to look

at a labourer, a bondman, or serf, or accept homage from them, and yet

they were men perhaps as good, if not better, than himself. Edward,

however, ran his course on his own lines, while the labourers, bondmen,

and serfs ran theirs with more success than he ever achieved in

Scotland. When William Wallace and Sir Andrew Moray crossed the Tay for

the purpose of recruiting and organising an army in the region lying

between the river Ness and the Tay, where the army which fought and

won the battle of Stirling Bridge was solely raised, it may be fairly

assumed that whenever a suitable man presented himself to the patriots,

they never asked him whether he were a serf or not. Then, after the war

had continued for some time, and nobles and churchmen who had renounced

their allegiance to Edward I. were seized and imprisoned, and their

lands often given to Englishmen, the bondmen and serfs would have had

many opportunities of escaping and going wherever they thought fit.

As the struggle proceeded, lands all over the country fell into the

hands of new owners, which again in a short time were seized and the

ownership changed. This process continued, with short intervals, for

half a century, and by that time the institution of serfdom was broken

up, and beyond restitution. Thus the emancipation of the bondmen and

the serfs was an effect of the War of Independence――an effect rendered

more effectual by many of the class in question taking an active part

in the struggle themselves. Subsequently we learn from the Acts of

Parliament in the reign of James I., and succeeding reigns that some

of the serfs became labourers and tilled pieces of land, as indicated

in the Act of 1425, which was referred to in a preceding page, while

others found employment in the towns at various kinds of work, and

ultimately the servile class became merged in the society of the nation

and disappeared as a separate class.

Although the burgh communities suffered severely from the War of

Independence, they recovered from its desolating effects wonderfully

well. Having regard to locality, external and surrounding circumstances,

the towns of Scotland may be historically treated in three groups,

namely, the Border burghs, those in the northern quarter, and those

in the centre of the kingdom.

The Border burghs comprised Berwick, Roxburgh, Jedburgh, Dumfries,

Dunbar, Kelso, Peebles, and a few others. These towns were exposed to

the first brunt of war throughout the long struggle between England and

Scotland, and to the harassing and desolating effects of the constantly

recurring raids on the marches. This tended to engender many strongly

marked features of character and habits amongst the people of the

Borders, which were manifested in acts of daring, tragic deeds, and

many touching and romantic incidents.

Berwick was a place of habitation in far-gone ages, and a centre

of industry long before the period of record. In the twelfth and

thirteenth centuries it was the chief mart of traffic in Scotland;

but the town was desolated and its citizens massacred by Edward I.

The town never recovered its former trading pre-eminence. In 1327 the

customs of Berwick amounted to £673, and in 1331 it was £549. Two years

after Berwick fell into the hands of the English, and although it was

retaken several times by the Scots, it was not permanently retained by

Scotland.¹

¹ _Exchequer Rolls of Scotland_, Volume I.

Roxburgh was an early site of habitation, and it had some trade

and wealth from an early period; but in the period under review the

importance of the town mainly arose from its strong castle, which was

a good defensive position. Still the burgh had its craftsmen, mills,

markets, and fishings; and in 1327 its rent to the Crown was £20. It

was the scene of many contests between the English and the Scots. In

the fourteenth century the town was much injured by the war. It was

repeatedly taken by the English, and retaken by the Scots, but in the

reign of David II. the castle fell into the hands of the English, and

they occupied it till 1460, when it was captured by the Scots, who

then razed the castle to the ground; and the town itself has long since

disappeared.

The town of Dunbar lies on the south-east border of Scotland, and

throughout this period its strong castle rendered the town an important

position, and in fact it was the key to that quarter of the kingdom.

In 1338 the castle of Dunbar stood a memorable siege, when Black Agnes,

the Countess of March, a daughter of Randolph Earl of Moray, heroically

defended it for five months against the English army, and ultimately

forced the enemy to raise the siege. In the latter half of the

fourteenth century Dunbar had a considerable trade, chiefly in wool,

the customs on which in 1378 amounted to £139; but in the succeeding

century its trade seems to have fallen off.

Jedburgh rose into importance from its castle and its monastery.

Subsequently it was occasionally the mustering place of the Scottish

army; and the justiciary’s courts for that quarter of the kingdom

were often held there. In 1320 Robert I. granted to Sir James Douglas

the market, town, castle, forest, and mains, of Jedburgh, and in the

following year this was confirmed, along with other grants, to Douglas.

Jedburgh and its castle fell into the hands of the English early in

the reign of David II., and they held it for upwards of half a century,

being only finally expelled from it in 1409. The following year the

English burned the town. In 1416 and 1466 it was also destroyed by fire.

The men of Jedburgh and the forest in its vicinity were well inured to

war and brave in battle. They were engaged in most of the raids across

the Border; their special weapon was the Jedburgh staff, manufactured

in the town, which was four feet long, with a steel head. Their war-cry

was “Jeddards here,” and their onset was not easily withstood. The

town has passed through many viscissitudes, and is associated with many

interesting historic events and incidents.

The burgh of Dumfries has many historic associations which cannot be

detailed in this work. The burgh had a royal castle in the thirteenth

century. In 1288 the Crown rents of the burgh amounted to £20, and in

1330 these crown rents were £30, but at the later date the customs of

the burgh were only £4; being an inland town it had not much trade. At

the end of the fifteenth century the burgh paid to the Crown a sum of

about £20 annually by feu-charter in lieu of rents. In the fifteenth

century the Maxwells became the leading family in the Dumfries district,

and attained a commanding influence in the affairs of the burgh, as

will subsequently appear.

The town of Kelso attained some note owing to its rich monastery.

William of Dalgarnock, Abbot of Kelso, accompanied the young prince,

David II., to France as his preceptor.

Peebles was created a royal burgh in the reign of David I.; and it

became a favourite residence of the Kings. Charters of David I.,

Malcolm IV., William the Lion, Alexander II., and Edward I., were dated

at Peebles. In the fourteenth century the town and castle became a

kind of border garrison, as an outpost of Edinburgh. The Crown rents

of Peebles for the year 1327 were £23 6s. 8d., and in 1343 these rents

were £12 13s. 4d. In 1460 the burgh of Peebles gave a contribution of

£38 17s. 8d. toward the payment of the King’s ransom. David II. granted

to John Gray, Clerk of the Rolls, all the rents and issues of the burgh

for life, except the issues of the Chamberlain’s court. In 1398 the

Crown rents of Peebles were let by lease of Sir William Stewart of

Jedburgh to the bailies for an annual sum of £2 13s. 4d., and £6 13s.

4d. for the burgh mills, making a total sum of £9 6s. 8d. The burgh

fell into arrears, and in 1457 the Crown rent stood――arrears £8, by

feu-charter £9 6s. 8d., sum due £17 6s. 8d. But Peebles paid up the

arrears, and subsequently continued to pay the annual sum stated above

to the end of the century. In 1501, however, the bailies of the burgh

were fined £18 for failing to appear before the Exchequer.¹

¹ _Exchequer Rolls of Scotland_, Volumes I., II., III., IV.,

V., VI., VII., X., XI.

The town of Peebles was repeatedly burned by the English in the

fourteenth century, and the citizens were often subjected to all

the horrors of war. Peebles had seven yearly markets, some of which

extended over several days, and the records of the burgh contain many

regulations touching the markets.¹

¹ _Burgh Records of Peebles_, pages 67, 85, 209‒211.

The conditions and circumstances under which the people on the

Borders lived tended to encourage and to prolong the continuance of

the predatory spirit and habits; and the disorder on the Borders gave

the Government much work and trouble; still, these people were not

naturally more lawless than the inhabitants of any other quarter of

the country. The state in which they lived was a result of historic

conditions, for the creation of which they were responsible only in

a very limited measure. The Norman nobles planted upon the borders

of Scotland in the twelfth and thirteenth centuries had nearly all

disappeared long before the end of the fifteenth century, but the

effects of the feudalism, which was introduced along with them,

remained.

Turning to the northern burghs, including Inverness, Dingwall, Forres,

Elgin, Cullen, Banff, and others. During the period under review

Inverness was a burgh of comparative wealth and trade. The customs of

Inverness in 1366 were £81 5s., and those of Elgin £67 11s. 7d. In 1373

the customs of Inverness were £145 13s. 11d., and the same year the

Crown rents and the petty customs amounted to £40; in 1380 the customs

of the burgh were £248 19s., and the Crown rents and petty customs,

by lease of the Chamberlain, £53 6s. 8d. The same year the Crown rents

and petty customs of Banff were £33 6s. 8d. The trade of these northern

burghs, by sea at least, does not seem to have increased much during

the fifteenth century, as the customs of Inverness in 1455 were

returned at £62 8s. In 1499 the customs of Inverness, Forres, and Elgin,

were returned together, and consisted of a charge of £131 of custom

on 55 lasts of salted salmon exported, and a quantity of hides charged

£7 19s. 2d. The same year the Crown rents of the burgh of Inverness,

by feu-charter, were £57 6s. 8d. and one pound of pepper.

Cullen was a royal burgh in the reign of William the Lion. In the reign

of Alexander III. there was a royal residence at Cullen, and in 1266

the hall and the brewing utensils of the town were repaired. Robert

Bruce’s queen, Elizabeth, died at Cullen in November, 1327, and her

body was embalmed there, and she was buried at Dunfermline. Robert I.

founded a chaplainry at Cullen “to pray for the soul of his spouse,

Queen of Scots, who died in our said burgh of Cullen;” and £4 was paid

yearly out of the burgh rents to the chaplain celebrating mass for her

soul. The regular accounts of Cullen drop out of the burgh rolls after

the year 1343; but they were resumed in 1496. In that and succeeding

years the rents of various lands held by the burgh from the Crown were

accounted for, and the annuity to the chaplain still appears in the

accounts.¹

¹ _Exchequer Rolls of Scotland_

Alexander II. in 1227 granted a charter to Dingwall, which conferred

on the citizens the same liberties as the burgesses of Inverness, and

authorised a weekly market to be held on Monday. In 1265 Alexander

Comyn, Earl of Buchan and Justiciary of Scotland, was bailie of

Dingwall. Robert I. granted the burgh of Dingwall to the Earl of Ross,

and the town remained in the hands of the Earls of Ross for upwards

of a century. In 1475 parliament ordered the Sheriff of Inverness to

summon John, Earl of Ross and Lord of the Isles, either at the castle

of Dingwall or the cross of Inverness, to appear at Edinburgh and

answer for his crimes, and accordingly he was summoned at the gate of

the castle of Dingwall. The proceedings which followed on this were

stated in a preceding chapter. In 1498 James IV. renewed and confirmed

the rights and privileges of Dingwall, which had completely fallen into

desuetude.¹

¹ Ibid., Volume I.; _Origines Parochiales Scotiæ_, Volume II.,

page 494; _Burgh Charters_.

In 1266 the town of Cromarty paid to the Crown £7 of rent for lands;

but Robert I. granted the town of Cromarty to the Earl of Ross. In fact

the whole of the northern burghs were much under the control of the

local nobles during the fourteenth and fifteenth centuries. Elgin, Tain,

and other towns associated with the Church, were often under a kind

of vassalage to the local nobles. The city of Elgin, with her grand

cathedral and upwards of a hundred churchmen, was sometimes forced

to place herself under the protection of the Earls of Moray and other

nobles.¹ In 1472 the citizens of the burgh of Nairn entered into a bond

of manrent with Lord Fraser of Lovat, and his heirs and successors.

¹ _Old Statistical Account of Scotland_, Volume V.

Adverting now to the more settled quarters of the kingdom, or the

region extending from the river Deveron to the border counties in

the south, which may be called the heart of the nation. In 1327

the Crown rents paid by the chief burghs to the Chamberlain were as

follows:――Aberdeen £213 6s. 8d., Perth £160, Stirling £36, Edinburgh

£34, Ayr £30, Rutherglen £30, Haddington £29, Dumbarton £22, Forfar

£18, Inverkeithing £15, Montrose £13, Lanark £12, and Linlithgow £10.

As indicated in a preceding chapter, the burghs eventually obtained

feu-charters, under which they paid a fixed yearly rent to the Crown,

and thus they at length acquired a perpetual right to collect and apply

to their own use the rents, small customs, and dues formerly levied by

the Crown. Aberdeen had obtained such a feu-charter in 1319 for the

yearly rent stated above, but none of the other burghs had obtained

such a charter in 1327, although Edinburgh obtained one in 1329 for

a yearly rent of £34 13s. 2d. In July 1386, Robert II. granted a

feu-charter to Stirling for an annual payment fixed at £16, and Dundee

obtained one in 1365 for a fixed annual payment of £20.

In the reign of Robert I., what was termed the great custom consisted

of the charges levied on the exports of wools, wool-fells, and hides. A

last of wool consisted of ten sacks, and the sack of twenty-four stones;

the last of hides contained twenty dacres, and the dacre ten hides.

The charges on the exports of these goods were the chief source of the

Crown customs during this period. In 1327 the customs of the following

burghs stood thus:――Edinburgh £439, Aberdeen £349, Dundee £240, Perth

£108, Linlithgow £14, Cupar-Fife £13, Inverkeithing £8, Ayr £3, and

Stirling £2. These are small sums, but it has to be observed that

lords of regality and church burghs had the right to export wool and

hides at their own ports custom free; so the sums collected by the

Crown officials only represent a part of the customs of the kingdom.

Before the year 1357 the usual rate of customs on exports had been

half a mark on the sack of wool, three shillings and fourpence on the

hundred woolfells, and one mark on the last of hides. In order to raise

money to pay the instalments of David II.’s ransom, the customs on

the above goods were doubled, and in 1359 tripled. The customs of the

chief burghs for the year 1360 stood thus:――Edinburgh £1300, Linlithgow

£356, Aberdeen £669, Dundee £485, Perth £437, Haddington £261, Montrose

£226, St. Andrews £249, Inverkeithing £72, and Stirling £37. Taking

for comparison the customs of the chief burghs for the year 1379, the

following results appear:――Edinburgh £2285, Aberdeen £1449, Dundee

£918, Haddington £617, Linlithgow £825, Perth £517, North-Berwick £269,

Montrose £235, St. Andrews £143, Stirling £49, and Inverkeithing £34.

At this time the produce of the custom of wool was nearly thirteen

times more than that of hides.

From the customs for the year 1379, it has been calculated that the

number of sheep then in the country exceeded a million and a half;

while the same year, the number of hides of cattle exported amounted to

44,559; but we have no data for estimating what proportion this number

of hides bore to the whole stock of cattle in the country. Comparing

the customs of 1327 and 1379, in the former year the fleeces of

1,450,485 sheep, and 8861 hides were exported; this, however, included

the exports of a considerable district in the south which was under

English rule in 1379; and making allowance for this, it appears that

the numbers of cattle and of sheep had increased considerably during

the period between 1327 and 1379. This increase of the staple wealth

of the nation is very striking, considering the unsettled state of the

country, and speaks volumes for the energy and industry of the people

under the most unfavourable conditions.¹

¹ _Exchequer Rolls of Scotland_, Volumes I. and II.

The customs from 1379 to the end of the century rather fell off a

little than increased, but in the first twenty years of the fifteenth

century the customs fell very low. This demands some explanation. After

the death of Robert III., under the regency of Albany, it was an every

day occurrence for earls and barons to ship the produce of their lands

custom free, in open defiance of the collectors of customs, and also

to abet the merchants who were under their protection in doing the same

thing. Further, the nobles when they thought fit actually robbed and

plundered the collectors, and even imprisoned them till they delivered

up whatever balance they had in hand. And sometime the Earl of Douglas,

his brother James Douglas, Lord of Balveny, Walter of Haliburton,

Sir William Crawford of Haining, the son and heir of Sir William of

Borthwick, and James Dundas of Dundas, took possession of the tron and

granted a cocket for the shipment of the wool or hides themselves, and

then received the customs from the merchants, and thus prevented it

from coming into the hands of the collectors of customs at all. In the

first audit after the death of Robert III., the collectors of Edinburgh

deponed to £23 5s. 2½d. having been taken by violence from them by

James Douglas, brother of the Earl of Douglas. At the succeeding audit

in March 1408, the sum in question was carried over as arrears; and it

was explained that Douglas claimed the sum for his expenses in setting

fire to Berwick, and at the close of the account it was enumerated with

other sums amounting to about £100, which had been forcibly taken on

various pretexts. In the spring of 1409, Sir William Crawford and other

persons had shipped twenty-three sacks of wool duty free in defiance

of the custom collectors of Edinburgh. The Exchequer audit was held

in May, and the same collectors claimed to be credited with various

sums taken by Crawford and the Earl of Douglas――in all £708 2s. 1d.――as

having been extorted by violence, and by the imprisonment of one

of the collectors in Edinburgh Castle at the instance of Crawford.

The auditors referred this matter to the Regent, and the result of

the reference appeared in the next Edinburgh account, which was the

exoneration of the collectors, and a promise by the Regent to admonish

the Earl of Douglas against similar doings in future.

During part of the years 1411 and 1412 the Earl of Douglas was in

Flanders. The account of 1412, however, showed a new score amounting to

£43 11s., which had arisen from Borthwick and James Douglas, whose wool

had been arrested for payment of duty, but they had broken the arrest

and shipped their goods in defiance of the collectors of customs. The

Earl of Douglas returned to Scotland before 1413, and no doubt he had

received the Regent’s admonition; still at the audit of 1413 the Earl

of Douglas refused to pay the custom on his wool, estimated at £69,

and also carried off the whole balance in the hands of the collectors

of Edinburgh, amounting to £634 10s. 11d. The following year the Earl’s

“ministry” seized by violence the whole of the balance of £1339 5s.

9d. In 1415 the new depredations amounted to a further sum of £1254,

and Douglas then produced a list of his “ministry” who plundered the

customs under his authority, and these included the Earl of Orkney,

Walter of Haliburton, William of Borthwick, James Douglas, Sir William

Douglas of Drumlanrig, and the Earl’s own steward, John of Livingston.

It further appeared that Douglas had directly taken from the merchants

a sum of £240. The habitual evasion of custom greatly increased, and

in 1417 the auditors pressed the collectors to disclose who the evadors

of custom were, and amongst others they named Sir William Crawford,

Lord Seton, George Lauder, and Richard of Winton. It appeared that wool

had been shipped at North Berwick under a cocket, which the collectors

had granted under threats of violence. The collectors also said that

similar evasions of custom by many other persons occurred every day. Of

the balance in the collectors’ hands a sum of £562 4s. 6d. was carried

off by the Earl of Douglas, Haliburton, and the Master of Douglas.

In 1418 the gross customs of Edinburgh had diminished to £1098, and

of this, £378 was seized by the Earl of Douglas’s steward, John of

Livingston; and the collectors again produced a list to the auditors

of the habitual evadors of custom. The collectors of Linlithgow had

a similar narrative of the evasion of custom. Year after year the

collectors were robbed of the money which they had collected, and the

chief criminals were James Douglas and Walter of Haliburton, two of the

Earl of Douglas’s accomplices. On one occasion James Douglas seized the

collectors of Linlithgow and carried them to the castle of Abercorn,

and imprisoned them there till they disbursed the sum demanded.

Sometimes these robbers of the revenue overawed the merchants, and

compelled them by threats and imprisonment to pay their custom to them

instead of the lawful collectors. Such were the acts committed, and

such were the rewards which the Duke of Albany, Regent of Scotland,

covenanted to allow the Earl of Douglas and his associates in return

for their support of his demoralising government of the kingdom.¹

¹ _Exchequer Rolls of Scotland_, Volume IV., pages 80‒321,

Preface, pages 57‒64, 209‒212.

The great customs still continued to be levied at the same rates to

which they had been raised to pay the ransom of David II. The highest

yield of the customs on wool and hides in the reign of James I. was in

1428, when they reached the sum of £6912, but the average annual yield

was about £5000. James I. imposed some new taxes. In 1424 he imposed

a duty on the exportation of skins of the marten, polecat, otter, fox,

hart, hind, roe, and doe. The duty, however, brought only a very small

return to the Crown, and the most that it yielded in any year was £3

16s. 8d., and the average yield was about £1. The skin chiefly exported

was that of the rabbit, though at Inverness the skins of the otter,

♦marten, fox, and polecat appeared in the custom accounts, while deer

skins only occurred in the custom returns of Elgin. At the same time

a duty of 1s. in the pound was imposed on the home-made white woollen

cloth, and it appears from the custom rolls that about £3000 worth of

this cloth was annually exported. A duty on the export of salmon was

imposed, and the ports from which salmon were mostly exported were

Montrose, Aberdeen, and Banff. The average annual yield of the custom

on salmon was about £115, representing £920 worth of fish. All goods

imported from England were subjected to a duty of 2s. 6d. in the pound.¹

♦ “martin” replaced with “marten”

¹ _Acts of the Parliaments of Scotland_, Volume II., pages 6,

8, 13.

Subsequent to the reign of James I. the customs on wool and hides

rather fell off than increased. In the reign of James III. the average

annual yield of the customs was about £3300; and the average yield

of these customs for the last five years of the fifteenth century was

£3106. No doubt one cause of the falling off of the customs was that

greater quantities of the native wool, and also of the hides, were

being gradually consumed and used at home, as the population of the

kingdom increased, and civilisation advanced.

The export duty on salmon was 2s. 6d. in the pound, and in 1478 it

was ordered that salmon must be packed in barrels, under a penalty,

each barrel capable of containing fourteen gallons. In 1481 the duty

was raised by royal proclamation to 4s. per barrel. During the latter

years of the reign of James III. the yield of the custom on salmon, at

the chief ports where they were exported, stood thus:――Aberdeen, £135;

Banff, £47; Perth, £29; Dundee, £14; Montrose, £7; Stirling, £6; and

for the whole of the kingdom, about £310. The herring trade in some

of the arms of the sea on the west coast, and in other quarters was

becoming an important industry. The custom for herrings of Lochfyne

was returned by the collectors of Irvine in 1479 at £10, and in 1481 at

£34; from that date the custom was accounted for by the collectors of

Dumbarton. In 1487 it amounted to £379.

In preceding pages of this chapter it was indicated that the Crown

lands were of considerable extent and value in the later part of the

reign of James II. A large portion of the revenue of the Crown was

derived from the rents of these lands, which were partly paid in money

and partly in produce. It has been approximately calculated that the

revenue of the Crown in the reign of James III. amounted to £16,380,

which is equivalent to about £5,460 sterling money. This revenue was

derived from the following sources:――From the Crown lands, £10,600;

from the sheriffs, £1,720; from customs, £3,300; and from burgh rents,

£760. At the end of the century the Crown lands were still pretty

extensive.¹

¹ _Exchequer Rolls of Scotland_, Volume VIII., IX., and XI.

It was noticed in a preceding chapter that a commercial treaty

was concluded between Flanders and Scotland towards the end of the

thirteenth century, and the commercial dealings between Scotland and

Flanders and the Low Countries continued for many centuries. Edward I.

endeavoured to persuade the Count of Flanders in 1299 to cease all

trading relations with Scotland, but he failed in his object. In

December, 1321, the Count of Flanders gave letters of safe conduct

to Stephen Fourbour, burgess of Berwick, and James Will, burgess of

St. Andrews, and their companions, to come, stay, and go, as their

business might require, in the countries of Zealand, Holland, and

West Friesland. In 1323 Robert I. granted in return that all merchants

from Holland should have free ingress and egress to every quarter of

the kingdom wherever they pleased to land, and he ordered that these

merchants should be honourably treated, and allowed to dispose of

their merchandise according to the usages and the laws of the country.

A commercial treaty was arranged between Flanders and Scotland in

1427 to continue in force for a hundred years and one day. By this

treaty the Scots were allowed to export in bales the home-made white

woollen cloths (already mentioned) to any part of the provinces of

Flanders “without let or hindrance.” It appears that quantities of

this home-made cloth were sent to the low countries to be dyed and

then carried back to Scotland; but during this period Scotland had

commercial dealings with France, Bruges, Prussia, Lombardy, Spain and

England, though her staple trade was chiefly with the Low Countries or

Netherlands.¹

¹ _Scotichronicon_; W. T. M‘Cullagh’s _Industrial History of

Free Nations_, Volume I., pages 58, 76, 105.

Seasons of dearth sometimes occurred, and attempts were made to

mitigate them by encouraging foreigners to import food, and by

regulating the modes of selling. In 1454 it was enacted that strangers

who brought grain into the kingdom should be favourably received and

thankfully paid. There was a great scarcity of victuals in the country

in 1478, and it appeared that foreigners from several nations used

to bring victuals into Scotland, but the new duties imposed on their

goods had prevented them from coming with their cargoes, and the people

had been greatly injured. It was therefore enacted that all foreigners

“coming with their victuals and merchandise should be honourably and

favourably entertained, and have free entry with their goods, according

to former use and custom; and the King to have the first and the best

of their cargoes, next the lords of his council, and after that the

remainder to be sold among the people.” This Act was repeated in 1482

with some additions. “It was declared that any person who bought goods

from strangers and pretended that they were for the King’s use, and

then sold them again, should be banished from the kingdom and all

their property confiscated. Any foreigners in or out of the kingdom

complaining of injuries done to them, should have immediate redress,

according to justice, against any man in the nation. So, through

the fair and honourable treatment of all strangers who come into the

country hereafter, they may be encouraged to return, for the benefit

and utility of the whole community.”¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages 36,

41, 119, 144.

It is scarcely necessary to remark that the trading regulations of

this period were sometimes based on curious notions. In 1467 Parliament

enacted that none but burgesses living in burghs, or their factors and

servants, should be permitted to sell or traffic in merchandise out of

the kingdom, and so no person, save burgesses, could engage in foreign

commerce. Even within the kingdom no craftsman was allowed to deal in

merchandise himself, nor by his factor, unless he first entirely ceased

to work with his own hands; and “no man should pass out of the kingdom

on business, but a famous and worshipful man, having of his own half

a last of goods, under a penalty of ten pounds.” The same Parliament

enacted that no ship should be freighted by any of the King’s subjects

at the ports of Scotland, nor from a foreign port, without a formal

charter party, that the shipmaster should find a steersman and timber

man, and a sufficient crew to manage the ship. If any dispute should

arise between the shipmaster and the merchantmen it must be referred

to the court of the burgh to which the ship was freighted. There were

careful rules for the protection of the cargoes from damage. Every

ship carrying more than five lasts of goods had to give one sack to

the chaplain of the Scottish nation at the port to which she was bound,

and every ship homeward bound was to bring one ton of materials for

the church work of the town to which she was freighted. It was enjoined

that no drink-money should be given to the shipmaster or his agents;

and also that no shipmaster should sail his vessel during the winter.

The amount and the description of the exports of the kingdom have been

indicated in the preceding pages; but the imports were various and

miscellaneous, including many articles in daily use, luxuries, and

ornaments. Throughout the period under review large quantities of

wines were imported, and wine was very generally and freely used in the

Scottish court, amongst the nobles, the burgesses, the monasteries, and

at festivals of every description. The wines chiefly used were those

of Gascony, Guienne, Burgundy, the Levant, and the Rhine regions; and

claret, which was imported by Scotch and French traders from Bordeaux.

The wines of Spain and Portugal were also imported from Lisbon, Bayonne,

and other ports. The Scotch Parliament encouraged the importation of

wine, and in 1431 it was enacted that those who exported salmon should

sell it only for English money or barter it for Gascon wine. Olives,

oranges, raisins, figs, and other fruit were imported in considerable

quantities. The finer woollen cloths, black, brown, blue, green,

scarlet, and russet; fustians, fine linen, silk stuffs, velvet, many

articles of apparel and ornament, and iron, hardware, armour, and

cannon, were imported.

The standard value of silver seems to have been about the same in

England and Scotland prior to the fourteenth century. It appears

that Robert I. made a slight diminution in the standard value of

the currency, and the money of Scotland, by successive depreciation,

gradually became of less and less value. Edward III. depreciated the

English currency, and two hundred and seventy pennies was coined from

the pound of silver instead of two hundred ♦and forty. The Steward, as

Regent of Scotland, issued a new coinage even more depreciated than the

money of England, and in 1355 Edward III. proclaimed that the new money

of Scotland was not of the same value as the old, and should only be

received as bullion. In 1366 the Scotch Council ordered that the money

to be coined in future should be similar in weight and fineness to

the English standard money; but a parliament, which met in September,

1367, resolved that the standard should be reduced by ten pennies in

the pound, so that the pound of silver should contain 29s. 4d.; and

from this sevenpence was taken for the King’s use, one penny to the

“custos monete,” and elevenpence to the master coiner and his workmen,

leaving 27s. 9d. for the people. In other words the pound of silver was

coined into 352 pennies instead of 240, which was the standard at the

beginning of the century. The deterioration went on in the reign of

Robert II., and the Act of 1367 was repeated in 1385.

♦ “aud” replaced with “and”

As yet the only coins struck in Scotland were silver pennies, with

their halves and quarters, and groats and half groats. There was no

gold coinage before the reign of Robert II., and the gold money in

circulation in the kingdom prior to this reign were coins of other

nations. According to English proclamations of 1390 and 1398 Scots

money was ordered to be received for only half its nominal value. In

1393 Parliament ordered the coinage of groats, half groats, pennies,

and half-pennies, equal in weight and fineness to the money of David

II., and a gold coin called a lion, worth five shillings; and at the

same time fixed the value of an English noble at nine shillings and

sixpence, and a Flemish noble at nine shillings and fourpence. No mint

records exist for the period of Albany’s regency, and no coins struck

by him have been discovered.¹

¹ _Acts of the Parliaments of Scotland_, Volume I., pages 139,

144, 190, 207.

James I. in 1424, ordered that the coinage should be amended, and

money struck of the same weight and fineness as that of England. In

spite of this enactment, he further debased the coinage of the kingdom.

Parliament in 1436, in order to supply gold and silver for the Mint,

enacted that all exporters of merchandise should import a certain

amount of bullion, while the export of gold or silver, coined or

uncoined, was strictly prohibited. It is possible that part of the

silver coined in the reign of James I. may have been native. In his

first parliament it was declared that mines of gold and silver which

produced three half-pennies of silver out of the pound of lead, should

belong to the King: the King seems to have had some miners in his

employment.¹ In 1428 Scots money was reckoned at half the value of

Flemish money; the English noble passed current for fifteen shillings

Scots, and in Flanders the English noble was current for eight

shillings. A large number of Flemish, French, and English coins were

circulated in Scotland, and these foreign pieces often became a subject

of legislation.

¹ _Acts of the Parliaments of Scotland_, Volume II., pages 6,

13; _Exchequer Rolls of Scotland_, Volume IV.

From the accession of James II., in 1437 to 1450, the amount of gold

coined at the mint of Edinburgh was 48 pounds, which was struck in

demys――a coin of the value of nine shillings at the time of issue. The

amount of silver coined was 563 pounds, which was struck chiefly in

groats, and partly in pennies and half-pennies. During the same period

there was a mint at Stirling, and in 1442 and 1443 forty-eight pounds

of silver were coined there.

In 1451 Parliament resolved to issue a new coinage, conforming in

weight and fineness to the money of England. Eight groats were coined

out of an ounce of silver, and smaller coins――half-groats, pennies,

half-pennies, and farthings, of proportional weight, and each to

be equal in value to the English coin of the same denomination. The

current value of the new groat was fixed at 8d. A new gold coin was

struck with the figure of a lion on one side and the image of St.

Andrew on the other, clothed in a side-coat reaching to his feet;

the current value of this coin was fixed at 6s. 8d. An attempt was

then made to fix the value of the French and other foreign coins in

circulation in Scotland. The master of the mint was held responsible

for all the gold and silver struck under his authority; and power was

given to him to select the persons working under him, and to punish

them when necessary. In 1452 Parliament fixed the value of the English

penny at three pennies Scots, and in 1456 the groat of 1451 was ordered

to pass current at 12d.¹

¹ _Acts of the Parliaments of Scotland_, Volume II., pages 39,

41, 46; _Exchequer Rolls of Scotland_, Volume V.

During the first nine years of the reign of James III. twenty-one

pounds weight of gold were coined, and nine hundred pounds weight

of silver. Among the gold coins of his reign there were two finely

executed pieces, the one called the rider and the other the unicorn;

their types were the King on horseback and the unicorn.

The copper coinage of Scotland commenced in 1466, according to the Act

of Parliament “for the ease and sustentation of the people, and the

giving of alms to the poor folk.” This copper coinage consisted of

farthing pieces, four in the penny, and they were to pass current in

payment of bread and ale, and merchandise up to twelve pence in the

pound. The debased pennies and placks, subsequently issued, and called

“black money,” consisted of copper mixed with silver. These black

pennies and placks caused much discontent among the people, and in

1485 they were all recalled. At the end of the fifteenth century Scotch

money was computed at somewhat less than one-third of the value of

English money, one pound Scots being worth about 6s. 6d. English. There

was a curious fluctuation in the value attached to Scottish coins;

sometimes seven nobles Scots were said to be equal in value to one

great pound of Flanders, at other times six nobles to one great pound,

and in other instances eight to one, and five to one.¹

¹ _Acts of the Lords of Council_, pages 5, 17, 67, 143; _Acts

of the Lords Auditors_, page 34.

The coinage was a matter which often engaged the attention and

deliberation of the Scotch legislators. From the commencement of the

reign of James I. to the end of the fifteenth century, Parliament

passed upwards of forty Acts relating to the coinage, the keeping of

the money in the country, and the importing of bullion into the kingdom;

the Acts ordering the keeping of the money within the realm, and the

importing of bullion from other countries, were often re-enacted. The

Scotch legislators of this period were completely possessed with the

idea that gold, silver, and copper, actually constituted wealth. But

the tendency to regard gold and silver, and even a paper currency as

real wealth, is very strong in human nature, although in reality they

only form one of the elements of the complex whole which constitutes

wealth and power; for the essential elements of the wealth and power of

a nation consist in the energy, the intelligence, the industry, and the

rectitude of the people, as these characteristics have always formed

the essence of wealth, and thus created power.

Having indicated the external relations of the nation in the preceding

pages, attention will now be directed to the internal and every-day

life of the burgh communities. The life of the townsfolk throughout

this period was marked by striking characteristics, and also their

relations with the important Crown official, the Great Chamberlain of

Scotland, present a subject of much historic interest. Some indications

of the functions and the jurisdiction of the Chamberlain have already

been presented in a general way, but it is necessary to offer fuller

details. Among the early collections of laws relating to the royal

burghs there are two which present the form of procedure in the

Chamberlain’s Court, and the matters which he took cognisance of in

his circuit courts throughout the kingdom. One of these belong to the

reign of Robert I. and the other to the end of the fourteenth century.

The procedure in the Chamberlain’s Court was very formal, minute, and

inquisitorial. The Chamberlain’s precept enumerates those who had to

appear at the court, including persons in and without the burghs; then

the brief to the sheriff, which gave intimation thus――“The Chamberlain

to the sheriff and his deputes, greeting: We command and charge you

that immediately ye attach all strangers whose names the bailies of

the burgh shall present to you in writ, placing them under safe and

sure pledges that they shall appear before us or our deputes one or

more ... to answer to charges against them and obey the law.” The

manner of holding the court was thus――“all the burgesses of the burgh

ought to appear before the Chamberlain――non-residents as well as

residents――which ought to be called by their names, and those that are

found absent should be fined by doom, nevertheless the suits should

be called and the court affirmed. Then the bailies and the officer of

court should be called. Then the bailies should be asked if they have

any commission or not, and by what laws they claim the King’s burgh

to be governed; and after that should be called all the actions and

complaints, and thereupon a good assize of the best and worthiest

citizens should be formed. Then should be asked the rental of the burgh,

by which they gather the King’s rents, as well of built and cultivated

lands as of waste. Then should be asked in writing the names of all the

burgesses of guild, both those resident in the burgh and non-resident,

and the names of the other burgesses by themselves. Then the roll of

the suits of court should be asked. Then ought to be asked the names

of the bailies and the officers of the burgh, every one by himself in

writ.”

After these formal proceedings the real business of the court was

commenced. The bailies were first challenged touching the discharge

of their public duties, and subjected to a searching scrutiny. It was

inquired if they had always been ready to do right and reason when they

were required, according to the form of their oath. If they had treated

the poor and the rich with equal justice, or if they had forbore to

execute the law rightly through favour, hatred, love of persons, or

taking gifts. Whether they had caused the assize of bread, ale, wine,

and flesh to be held, as it ought to be; and every week caused the

bread and ale, the wine and flesh, and other things, in the burgh to

be examined. Whether they have executed the commands of the King and

the Chamberlain. If they have sold or granted the freedom of the burgh

to strangers’ servants, that they may sell with the burgesses, and use

and enjoy the same profit. Whether they have caused the burgh to be

properly watched throughout the night, or compelled the poor to watch

and not the rich. “Also if there be a just assedation and uptaking of

the common good of the burgh, and if a faithful account of the same be

made to the community of the burgh: and if it be not so, by whom, and

in whose hands the produce has come; and if the common good is bestowed

in the business of the community.”

The sergeants and officers of the burgh and their duties were then

taken up, and a number of inquiries were dealt with; such as that

they do not present truly all the pledges in their hands; that they

do not cause the rich to take the night watches the same as the poor.

That in collecting the necessary charges for the King’s Justiciary

or Chamberlain they do not always act justly, but spare some of their

friends, and from others of the community charge too much; and whether

with regard to such charges, they have accounted for all the money

which they had collected. Whether they have inspected all kinds of

bread and ale as they ought to have done, or for their own profit

spared some, through which the assize may not have been well kept.

Queries addressed to the public ale-tasters followed, for there were

then officials of this character in every royal burgh of the kingdom.

It was asked if they had been always ready to taste ale whenever the

signal was put out, or if they remained in the house filling their

bellies drinking instead of standing in the middle of the street in

front of the ale-house, to send one of their fellows with the beadle

into the ale-house to choose which pot should be tasted, and then

present it to his fellows, and according to assize they should discern

upon it. Whether they always presented the defaulters before the

bailies at the next court, or if they held a regular assize on the

ale, or only simply said it is good or it is bad. A somewhat similar

set of questions was put to the public pricers of flesh, as in all

the royal burghs the authorities fixed the price of all kinds of meat.

The pricers of flesh were then asked, “if fleshers bought any other

than sound beasts.” Whether they had been always ready to act when

the signal to price flesh was put out, “as well for the profit of the

flesher as for the profit of the people.” If they had attended the

King’s markets every market day and observed the buying of oxen, sheep,

and swine, to be eaten; and after observing the selling and buying in

the market by their discretion, then the price of flesh should be fixed

by an assize, at which no flesher should be permitted to act. “And that

they keep the prices, that neither for gift, prayer, nor gain, they

do favour in their priceing.” That they should fix the price of these

things as oft as they were required.

The fleshers themselves were challenged in the Chamberlain’s court on

a long list of points. “That they sold flesh against the assize of the

worthy men of the town, and before it was priced. That they bought and

slaughtered beasts during the night contrary to the law of the burghs,

and that they forstalled the burgh by buying in the country. That they

sold flesh before the signal was put forth, and that they sold the

good flesh to strangers and the bad to their neighbours, and that they

denied the price when it was asked.” The bakers were asked if they

had more men engaged at their oven than the law allowed, which was

four――the master, two servants and a boy. And if they baked each kind

of bread as the law of the burgh commanded, namely, bread of the finest

flour, bread of the second quality, and bread baken of whole flour;

and if they baked according to price, “that is to say, penny bread,

halfpenny bread, and farthing bread.” The millers were asked if they

had more servants in their mills than the law allowed, “to the scath

of the King and the people”; and if they take smolts in the mill stank

against the inhibition of law; and if they used two measures, “one to

take with and another to deliver with.” The salmon fishers were asked

if they kept in the middle of the stream when fishing, according to

law, and if they ceased fishing on Saturday after evening till Monday

at sunrising. White fishers were asked if they sold their fish at the

bank, when they ought to sell them in the King’s market under the full

penalty of confiscation; and also if they sold their fish in the night

and in hidden places, and not in the market, and if they broke their

fish and sold them in pennyworths contrary to the King’s laws.

The brewers and ale-house keepers were asked, if they had kept the

price imposed by the assize of the worthy men of the town, after the

buying of the malt; if they had neglected to have their ale tasted,

as it should have been according to law; and if they have the proper

measures――“quart, pint, third part, and sixth part, according to the

King’s money, by which measures the people may be well served.” Wine

sellers were asked if they sold their wine without having it tasted by

the public tasters, and whether their own measures were unproved, and

if they mixed good wine with bad and corrupted it. The malt-makers were

asked if they mixed good and bad malt together, when they ought to make

them separate, and then sell them at different prices. That they let

their malt sprout at both ends and shot out all the pith of it, “when

it ought only to chip and come at one end.”

The shoemakers were asked why they made shoes otherwise than the law

had ordained, “that is, the horn and the ear are alike in length.”

They made shoes, boots, and other things of the leather before it was

barked. “They sewed with rotten thread, owing to which the shoes were

lost before they were half worn.” And when they should have given their

leather good oil and tallow, they gave it only water and salt; and they

worked it before it was curried, to the great scath of the community.

The history of civilisation in Scotland, Vol 1 (of 4) · 第 19 / 22 章