In Byways of Scottish History

Complaints had been laid before the Privy Council, on the one side by the Provost and Magistrates of the City of Glasgow against the Stewarts and their abettors, on the other by Sir Walter Stewart of Arthurlie against Sir George Elphinstone and the friends who accompanied him on the eventful evening of July 23rd. Both cases were heard in Edinburgh on August 27th, 1606. With respect to that in which the opponents of the Corporation were the defenders, it was declared that those persons had committed a "verie grite insolence and ryot". For this they were condemned to be warded in the burgh of Linlithgow till His Majesty's will was made known concerning them. At the same time the Lords "assoilzed simpliciter" the Lairds of Minto, elder and younger, and all the other defenders, from forethought felony intended against the pursuers, and from the charge of "thair lying at await" for the Provost at the Wyndhead of the city, the pursuers having failed to prove that part of their complaint. On similar grounds, decree of absolvitor was pronounced in favour of Sir George Elphinstone and his fellow defenders in the suit brought against them at the instance of Sir Walter Stewart.

The King's pleasure was made known to his Privy Council in a letter dated from Hampton Court on October 1st, 1606. After expressing his astonishment that the information communicated to him was so scant as to render it impossible for him to "mak ony distinctioun of offendouris in that ryotte, that, according to the difference of thair faultis, directioun micht haif bene gevin for inflicting upoun several personis the moir mylde and moir hard punishment", His Majesty directed that the meaner offenders should be released, after being bound in "greate pecunnial sowmes for their due obedience to the Magistrates", but that the Lairds of Minto, elder and younger, should both be "fynned in great sowmes", and retained in ward until these were paid.

Such is the information to be gathered concerning an incident which is of sufficient importance in itself to be recorded with greater detail than is given in the local histories written before the publication of the Register of the Privy Council. Another circumstance that lends interest to the happily unique collision between the municipal authorities and the citizens, is the coincidence that it was the first occasion for the application of an Act to which, exactly three hundred years later, the Magistrates of Glasgow found it expedient to appeal for the staying of such "unlawfull conventions within burgh" as the mustering and parading of street bands.

THE OLD SCOTTISH ARMY

One of the earliest, if indeed it be not actually the most ancient of extant enactments for the organization of the national forces of Scotland, is a Latin document drawn up in the form and style of a proclamation and purporting to be based on "the Book of Wyntoun laws". It is undated, but this reference to Edward I's Statute of Winchester shows it to have been subsequent to the year 1285. This Scottish adaptation of the English system required every man between sixteen and sixty years of age to be provided with defensive and offensive armour in proportion to the quantity of lands and chattels which he possessed. The owner of chattels to the value of 40 marks was to have a horse; an habergeon, or sleeveless coat of mail; a chaplet, that is to say, an iron skull-cap without vizor; a sword, and "a knife called dagger". The equipment of such as held land worth 40s. or upwards, but less than 100s., was to consist of a bow and arrows, a dagger, and a knife; and, in their case, the absence of defensive armour suggests that they were intended as light infantry. The lesser people, with an income under 40s. were expected to have a hand-axe, bow and arrows. All others, whose means allowed of it, were to be armed with a bow and arrows if they dwelt outside forest lands, or a bow and "pyles" if within them. These pyles being square-headed quarrels or bolts, it may be supposed that the use of them was prescribed because they were looked upon as less suitable for the purposes of poaching. The same ordinance also enjoined that there should be two wapenshaws or inspections every year.279

Earlier, though more incidental indication of a system of military service, is to be found, however, in an enactment which is ascribed to William the Lion, who began his reign in 1165, and which set forth that if a man borrowed a horse to join the King's army and the horse were challenged as stolen, he was to be allowed respite until his return to the county within which he alleged that the horse had been lent him. And, rather more than half a century later, in 1220, under Alexander II, further evidence of military obligation is supplied by a statute fixing the fines to be imposed on men of various ranks for remaining away from the King's host in Inverness. A thane was to forfeit six cows and a heifer; an "ochtyern", which is interpreted as meaning "one equal in rank to a thane's son", was liable to be mulcted in the amount of fifteen sheep and 6s., and a yeoman in that of a cow and a sheep.

In 1318, under Robert Bruce, it was ordained that, in time of war, every layman in the realm who had £10 in goods, should have for his body, in the defence of the country, a sufficient acton – a kind of padded and quilted coat, which protected not only the breast but the lower part of the body also; a bascinet or light unvizored helmet; and gloves of plate, with a spear and a sword. The acton and bascinet might, however, be replaced by an habergeon and "a hat of iron". Whoever failed to comply with the requirements of the statute was to forfeit all his goods, of which one-half was to go to his immediate superior, the laird on whose lands he dwelt, and the other half to the King. It was also decreed that every man having in goods the value of a cow should have a stout spear or a serviceable bow, with a sheaf of twenty-four arrows. In the same year another Act ordained that men on their way to join the army should pay for what they took, but enjoined, at the same time, that they should be supplied at moderate rates.

When James I returned from his captivity in England, he lost no time in putting into practice the lesson which he had learnt there as to the efficiency of the bow. Amongst the enactments of his first Parliament there was one which ordained that every male person should, from his twelfth year, busk himself to be an archer; that, near every parish church, "bow marks should be made, at which, on holidays, men might come and shoot, at least thrice about", and have usage of archery; and that whoever did not use the said archery, the laird of the land or the sheriff should raise of him a wedder.280 This was in 1424. In the same year it was also enacted that, in every sheriffdom, four musters should be held every year for the inspection of arms.281

Following closely upon this, there were issued supplementary instructions of a somewhat more comprehensive nature than hitherto. Gentlemen having £10 worth of land, or more, were to provide themselves with a bascinet with whole legharness, that is to say, complete coverings which came up to the hips, and with spear, sword, and dagger. Gentlemen owning less land, or no land at all, were to be accoutred "at their goodly power", subject to the oversight and discretion of the sheriff. Honest yeomen, "having sufficient power", and willing to serve as men-at-arms, were to be "harnessed sufficiently" to the satisfaction of the same official; whilst all other yeomen in the realm, within the statutory limits of age, that is, between sixteen and sixty, were to be "sufficiently bowit and schaffit", or, in other words, adequately equipped with a good bow and a suitable supply of arrows, and were also to have a sword, buckler, and knife. All burgesses and indwellers in the burghs of the realm were to be similarly armed. Failure to attend the four wapenshaws involved fines ranging from 40s. to £10, according to the number of absences, in the case of a gentleman; and from 10s. to 40s. in that of a bowman.282

Four years later, in 1429, "by the advice of the whole Parliament", further modifications were made, both in the outfit and in the valuation according to which it was regulated. Every man who disposed of a yearly rent of £20, or who possessed £100 in movable goods, was required to be well horsed and "haill enarmyt", which meant completely armed from head to foot, as a gentleman ought to be. The man of lower standing, with no more than £10 of rent, or £50 of movable goods, was to provide himself with a gorget – a piece of armour which protected the throat and upper part of the chest; with rearbraces and vambraces, as the coverings for the upper arm and the forearm were respectively called; with gloves of plate, breastplate, leg-splints, and knee-pieces, "at the least, or better, if he liked". The yeomen were divided into three classes, of which the highest, consisting of those whose property amounted to £20 in goods, was to be equipped with a good "doublet of fence", an iron hat, bow and sheaf of arrows, sword, buckler, and knife. Yeomen possessing no more than £10 in goods formed the second class. They were required to have a bow and arrows, sword, buckler, and knife; but though no defensive armour was mentioned in their case, it may be assumed that they were not expected to be less protected than the yeoman of the third class, who was no archer and could not deal with a bow, but for whom a good "suir" hat and a "doublet of fence" were prescribed, in addition to a sword, a buckler, and a good axe, or else a staff with a sharp iron point. Every citizen having £50 in goods was placed on the same level as a gentleman, and was required to be armed in the same manner as one. The burgess of lower degree, whose property was not valued at more than £20, was to provide a "suir" hat and doublet, an habergeon, sword, and buckler; a bow with the necessary sheaf of arrows; and a knife. Barons and bailies were required to see that these enactments were duly complied with in their respective districts, under certain pains and penalties which the sheriff was empowered to impose.

During the fifteenth and the sixteenth century there were several other Acts of Parliament and of the Privy Council dealing with wapenshaws. It may be gathered from the preambles to some of them that these periodical inspections were occasionally discontinued for years together; whilst the repeated injunctions to the various local authorities and officials to use their utmost diligence in enforcing the law afford proof that the burden of military service was irksome to those on whom it fell. But the special interest of those enactments lies in the information which they supply both as to the variations in the assessment on which that service was based and as to the changes which took place in the outfit of the several classes of fighting men.

In 1456 it was made obligatory on every man whose goods amounted to 20 marks to be provided at least with a jack having sleeves to the hands, or, failing that, with a pair of "splints" encasing the arms; with a sallet – a light helmet, of which the characteristic feature was a projection behind – or with a spiked hat; and with a sword, buckler, and bow together with a sheaf of arrows. Such as could not shoot were to be armed with an axe, and with a targe either of leather or of deal, with two bands on the back.283 In the following year steps were taken to organize a system of military training. As a preliminary measure, golf and football were to be "utterly cried down". "Bow marks" were to be set up. The smaller parishes were not required to have more than a pair of these butts; but, in the larger, according to their size, there were to be three, four, and even five. All the male inhabitants, from twelve to fifty years of age, were expected to practise every Sunday, and to shoot at least six shots. Defaulters were liable to a fine of not less than 2d.; and the money thus raised was to be given to those who were more regular in their attendance "to drink". This archery practice was to be kept up from Easter to Allhallowmas. As a necessary supplement to these ordinances, every county town was to have a bowyer and a fletcher, otherwise a maker of bows and a maker of arrows, and was to furnish them "with stuff and graith that they might serve the country with".284 But as Scotland was not self-sufficing in the matter of either weapons or accoutrements, there was a further enactment which required all merchants of the realm passing over the sea for merchandise to bring home at each voyage as they might "goodly thole" harness and armours, spear-shafts and bow staves "after the quantity of their merchandise".

No further Act of Parliament concerning the equipment of the Scots fighting men was passed till 1471. In that year it was found necessary to fix the length of the spear, or rather, to forbid either the importation or the making of any that fell short of the six ells that had always constituted the regulation size. For those yeomen who could not handle the bow, the substitution of a good axe and a targe of leather was authorized, as it had been in 1456. With regard to the latter, a suggestive standard of toughness and strength was indicated. It was to be sufficiently stout "to resist the shot of England". And a characteristic remark concerning it was, that it would entail "no cost but the value of a hide".285

There was practically no change in arms and accoutrement during the fifteenth century; and an Act passed in 1491 is almost verbally identical with that of 1425. More than forty years were yet to elapse before James V, realizing the advantage which other nations had secured for themselves by the adoption of "small artillery", and the consequent necessity of providing himself with similar "instruments of war and battle", caused an Act to be passed with a view to bringing Scotland's armament abreast of that "commonly used in all countries both by sea and land". This was in 1535.286

Hand-guns, or hand-cannon as they were called, had been introduced into England in the year 1471, when Edward IV, landing at Ravenspur, in Yorkshire, brought with him, amongst other forces, three hundred Flemings armed with those new weapons. They are also said to have been used at the siege of Berwick in 1521. These portable firearms soon got to be known under the names of culverins and hagbuts. The culverin was originally a small tube of half or three-quarters of an inch internal diameter, fixed to a straight piece of wood or welded to an iron handle. The smallest were about four feet long and weighed some fifteen pounds, and the management of them was as complicated as the weapons themselves were unwieldy. The culveriner had, in addition to his cumbrous piece, "his coarse powder, for loading, in a flask; his fine powder, for priming, in a touch-box; his bullets in a leathern bag, with strings to draw to get at them; whilst in his hand were his musket rest and his burning match". The hagbut was a smaller and improved culverin. At their first introduction into Scotland these firearms appear to have been used mainly for purposes of sport; but it is suggestive of a lack of familiarity with them to find James V paying 40s. to "Walter Cunynghame's wife in Stirling" for a cow which he had slain with a culverin.

By the Act of 1535, which was repeated in 1540, it was ordained that every landed man should have a hagbut of cast-iron, called "hagbut of crochert", together with the mould, bullets, and "pelloks" of lead or iron, and with the powder convenient thereto for every £100 of land that he owned. He that had but 100 marks of land was to supply two culverins; whilst only one was required of the smaller landowner whose valuation did not exceed £40. These pieces were to be furnished with all the necessary accessories. Those who supplied the weapons were also called upon to provide men, not only to fire them, but also to teach others to do so. Neither the clergy nor even women were exempted from the general obligation; and the fine to be imposed on all who neglected to comply with the requirements of the Act was fixed at twice the price that would buy "each piece of the said artillery". As to the burghs, a commission was to be appointed for the purpose of deciding in what proportion each of them was to contribute. And, as a corollary to this enactment, it was further ordained that, because neither artillery nor harness could be furnished nor made ready unless the same were imported into the country, every merchant sailing forth of the realm or exporting goods amounting to a last, that is to twelve tons, should bring home two hagbuts or more, in proportion to the quantity of merchandise shipped, with powder and moulds, or else as much metal as would make the hagbuts.

From another Act passed in the same year it appears to have been anticipated that, in spite of these ordinances, the number of men that could be armed with hand-guns would be but slight as compared with those who would still have to retain the older weapons, for no alteration was prescribed in the matter of defensive armour. This statute is noteworthy, however, by reason of a paragraph bearing the heading, "That the army of Scotland be unhorsed, except great Barons".287 It was introduced by a reference to the great hurt, scaith, and damage done by the coming, in multitude, of horsemen, through the destruction of cornfields and meadows and the harrying of poor folk, and also to the great impediment made by them in the host, where all men had to fight on foot. It then went on to ordain that no manner of men should have horses with them, but should be ready to march on foot from the first meeting-place it might please the King to assign. For the journey to that meeting-place, however, the use of palfreys was authorized. And if any man came on horseback, or brought horses with him, he was to send them home again immediately, but only with a riding-boy, and not with anyone able to bear arms. The matter was considered to be of such importance that no less a penalty than death was to be imposed for disobedience of the order. A proviso was, however, added, excepting earls, lords, barons, and great landed men from the operation of the Act.

There is a further clause to which also special interest attaches from the fact that it supplies the first evidence to be met with in Parliamentary records of an attempt at organizing a system of military drill. It ordained that a board consisting of the local authorities, the most able persons in the shire, and the commissioners appointed by the King, should, in every parish, choose a suitable man for each company levied within it, and should assign to him the duties of Captain. It was to be his special office to teach the men to march together and to bear their weapons, so that they might be "the more expert to put themselves in order hastily and keep the same in time of need". The companies were to muster for drill before noon on at least two of the most suitable holidays during each of the three summer months, and as often as could be conveniently arranged for during the other nine.

Such efforts were well meant; but perseverance, the first of the conditions necessary to ensure their success, appears to have been wanting. In 1546, a special wapenshaw was ordered to be held on Low Sunday, and the reason given for this step was, that the lieges were out of use of armour and weapons because such inspections had been neglected.288 The accoutrements mentioned as requiring to be produced on this occasion were practically the same as formerly. In so far as evidence can be found in Acts of either Parliament or Privy Council, this was one of the last occasions on which specific mention was made of the armour and weapons to be borne by the respective classes of fighting men. In the closing years of the sixteenth century, however, the periodical complaint of laxity in the performance of military duties in time of peace again appears in an Act which, besides appointing a general wapenshaw to be held on the 1st of May, 1599, specifies the arms with which persons of various ranks were to be furnished, and thus affords material for an estimate of the change which had taken place in the equipment of the Scots forces, as well as on the obligations which military service now entailed. Earls, lords, barons, and gentlemen were to be armed with corslet of proof, headpiece, vambraces, teslets or coverings for the thighs, and a Spanish pike. In addition to this, every earl was to have twenty stands of similar armour for his household; every lord, ten; and every baron, one, for every 15 chalders of corn. Every baron and gentleman whose living did not depend upon "victual"289 was to provide a complete stand for every 1000 marks of his yearly rent; every gentleman worth 300 marks in yearly rent was to be furnished with a light corslet and pike, or else with a musket, together with rest and bandoleer, and a headpiece. The regulation was to extend to the burghs; and the local authorities were to see that every burgess worth £500 of free gear should have a light corslet, a pike and halbard, or a two-handed sword, or else a musket, with its accessories, and a headpiece. But they were also to arrange in such a way that, for every light corslet and pike within the burgh, there should be two muskets. The penalties with which defaulters were threatened afford evidence that, although the country was still far from rich, it had made considerable progress since the days when fines were levied in kind. They were graded as follows: Every earl, 2000 marks; every lord, 1000 marks; every baron, for every 15 chalders of victual that he could spend, 100 marks; and every other person of the rank and substance indicated, £40.

It was one thing to require all ranks, degrees, and qualities to provide themselves with arms on this liberal scale, but it was another to put it into the power even of the most willing, to comply with the order. As a subsequent Act frankly admitted, there was "no such quantity of armour made within the realm as anywise might furnish the lieges thereof", and there consequently arose "a great necessity of bringing of the same home, forth of other countries". It was Sir Michael Balfour of Burleigh who, "not upon any respect of gain and profit that he might reap thereby, but upon the earnest affection and great regard he had to his Majesty's service and to the benefit of the realm", suggested a way out of the difficulty. He undertook to bring home 10,000 stands of armour, of which 2000 were to be for horsemen – figures which, in default of more precise data, are of some assistance towards forming an estimate of the military strength of the country.290

Sir Michael Balfour's offer was accepted; and the conditions of the contract duly fixed. The outfit for horsemen was to be complete in all pieces, and was to be supplied in two qualities: lance and sword proof, and hagbut proof. The former was to cost £50, and the latter £10 more. A complete suit of armour for a footman was to be charged £18, and was to be of one quality only – lance and sword proof. The price of a hagbut, with flask or bandoleer, was set at £6, 13s. 4d.

From the long list of defaulters that might be made up from the records of the Privy Council, and in which the names of all sorts and conditions of the lieges, of earls and of yeomen alike, would figure side by side, as well as from the legal proceedings which were taken by Sir Michael Balfour, on the one hand, and, on the other, by those who, on various grounds, claimed to be exempted from the operation of the Act, it appears that there was but little military enthusiasm in the country at this time. And this is borne out by an Act of Privy Council passed in July, 1607. It set forth that, notwithstanding the Act of 1599 for general arming and wapenshawing, there had been no inspection within the kingdom for several years past, and that the "lovable custom, which of old was very precisely kept and was very necessary and expedient for the good of the kingdom", had fallen into desuetude by reason of the negligence of the sheriffs and other officials; and it required these "to charge all and sundry, by open proclamation at the market crosses of the head burghs, to give and make their musters and wapenshawing" on the 4th of the following month. A few days later, however, the order was prorogated, for no more urgent reason than the meeting of Parliament; and with that, the periodical inspection of arms appears to have been finally abandoned for the remainder of the reign of James VI, who, by this time, had become James I of England also, a circumstance which goes far to explain the general indifference on the subject.