Glasgow (Scotland).

Abstracts of protocols of the town clerks of Glasgow (Volume 8) online

. (page 1 of 18)
Online LibraryGlasgow (Scotland)Abstracts of protocols of the town clerks of Glasgow (Volume 8) → online text (page 1 of 18)
Font size
QR-code for this ebook






3 1833 00674 2081










Printed for the Subscribers by CARSON & NICOL, 12 and 14 Bath Street.


Impression, 325 Copies.

NO. 10 9



Preface, . - -. - - ..- vii.
Appendix to PpvEface: —

I. — Act of Admission by the Lords of Council of Archibald

Hegate as a Notary Public, 24 [May or June], 1581, x.
II. — " Extract of certane authoraties and notabill placis of Scripture

collectit for my comfort in the tyme of my trubill," etc., xii.

Abstracts of Henry Gibsone's Protocols, 1576, - - - i

Abstracts of Archibald Hegate's Protocols, 1581-4, - - _ . 17
Supplementary Abstracts: —

1. Mr. Henry Gibsone's Protocols, 1584-5, - - - - - 121

2. Instruments of Sasine by Mr. Henry Gibsone, 1577-8, - - 123

3. Instrument of Sasine by Mr. William Hegait, 10 April, 1567, 124

Index of Persons, - - - - 127

Index of Places, - ■ 142

List of Subscribers, , - - 147

Common Seal of the Burgh of Glasgow in the 16th Century, - Title-page

(Reduced from 2^ to 1| inches in diameter).

Facsimile Sign and Subscription of Archibald Hegate, - - - - xi.

Facsimile of Attestation by Robert Scott, xi.

Facsimile Sign and Subscription of Mr. William Hegait, - - - 124


A.D., Anno Domini; A.R., An7io Begni (James VI.); I., Indiction
(see p. ix.); 1.1., longest liver, survivor; q., quondam, i.e., late,
deceased; R.M.S., Registriim Magni Sigilli (Register of the Great
Seal of Scotland); t.c, territory of the city of Glasgow; t.h.c,
territory of the burgh and city of Glasgow.


Page 19, No. 2.318, for "Mr. .John Grahame" read "John Grahame,

Page 22, footnote, 1st col., 1. 21, for "Grer" read "Greg."
Page 31, No. 23.52, 1. 1, after "to" insert "William Cliddisdaill, son

and heir of"
Page 43, No. 2389, 1. 1, for "citizens" read "his spouse"
Page 43, No. 2389, 1. 2, the name of Brwnie's spouse is written in one

place "Jonet Lyndsay" and in another "Jonet Gray." In No.

2388 it is written "Marion Gray" in one place and "JonetGray"

in another.
Page 50, add to first footnote : "David Coittis, mair of fee," is referred

to on 6 July, 1581 (Glasg. Rec. i. p. 88).
Page 53, No. 2420, last 1., for "Serjeants" read "serjeant."
Page 73, No. 2464, 1. 23, for "Andrew" read "Richard."
Page 82, No. 2482, 1. 7, for "Patrick" read "John."
Page 98, No. 25.32, 1. 1, for "John" read "Jonet."
Page 1001, No. 2539, perhaps "sword player" may be read "sword

maker" or armourer. See No. 2484.


The present volume contains abstracts of the remaining protocols in
Henry Giljsone's second book, and the greater part of the protocols in the
first book of his successor, Archibald Hegate. Gibsone held the town
clerkship till 1581, and again in (perhaps before) 1596, and for a few years
subsequently, but his books between 19th August, 1576, and 29th June,
1598, are not now extant, with the exception of a single leaf containing
protocols bearing date 1584-5.

Archibald Hegate, who succeeded Henry Gibsone as town clei-k, was
a son of William Hegate, burgess of Glasgow, and was admitted a notary
by the lords of council and session in May or June, 1581 (Appx. No. I.).
At that time Esme, earl of Lennox, cousin of the king, and great
chamberlain of Scotland, was provost of Glasgow, and he, "with authorite
and command of the Kingis majestic," appointed Hegate town clerk.' This
innovation on the town's pri\'ileges was acquiesced in by an act entered
in the burgh court book on 2.3rd May, 1581; but on 9th September, 1589,
the magistrates and council ordered the act to be "deleit and put furth of
the bulk, as repugnant and maist prejudiciall to the libertie of the toun,
they haifand electioun in their awin handis of the said office in all tyme
bygane."- Previous to that date, however, Hegate had ceased to be town
clerk. He was re-elected by the magistrates and council in May, 1583,
and June, 1584. No election is noted in 1585, and the records are wanting
between April, 1586, and October, 1588. On 20th May, 1589, "maister
Johnne Ros" was elected clerk. In 1605 and subsequent years Archibald
Hegate again held the office of town clerk, and his jirotocol books extend
in a continuous series from 1581 till 1612.

1 Glasgow Records, i. pp. 84, 85. - lb., p. 146.


After a notary ceased to hold the town clerkship, his transactions
related chiefly to properties beyond the burgh boundaries ; and, accordingly,
the main loss to local history occasioned by the disappearance of Henry
Gribsone's protocols applies to the period between 1576 and 1581. This is
the first large gap in the protocol books subsequent to the Reformation,
and it occurs at a time when interesting particulars regarding the disposal
of church property and ecclesiastical endowments might have been looked
for. No doubt it occasionally happens that a later protocol makes up for
one that has disappeared, as in No. 2462, which sufficiently explains what
became of the ancient church of St. Tenu ; but in many cases the loss
of information is complete.

During the early years of Hegate's clerkship there was considerable
trouble in municipal and ecclesiastical circles in connection with the appointment
of Robert Montgomrie, minister at Stirling, as successor to James Boyd,
archbishop of Glasgow;' and, for the part he took in the affair, the clerk
incurred the displeasure of the presbyterian party. On 9th October, 1582,
the general assembly directed "that Coline Campbell, burges of Glasgow,
WiUiam Hegget, Archibald Hegget, and their complices, be punished according
to justice, for the seditioun and uproar made by them, being magistrates
and counsellers,- against the students of Glasgow, and shedding their blood ;"-^
and at the same time it was ordained that certain accomplices of the
provost, including "Archibald Hegget," should be excommunicated by the
minister of Glasgow " for banting the companie of Mr. R. Montgomrie,
after his excommunication, and other enormiteis committed by them."^

As stated in Archibald Hegate's act of admission, the protocol book
then supplied to him consisted of one hundred and ninety-three leaves,
authenticated by Robert Scott, clerk to the lords of session. This book
was regularly written so far as folio 180, where the notary has
inserted a statement to the efiect that some imprudent person had cut out

See Glasgow Charters, I., pp. rax-cxxvi. 3 Calderwood's Historic of the Kirk of Scotland

2 No member of council at this time bore the name of (Wodrow Society), iii., pp. 6S6-7.

"Archibald Hegget," and it is supposed that the town ^lb., p. CSS.
clerk was meant.


the next leaf, and that therefore, to avoid suspicion of fraud, he had inserted
no further protocols in the book. On four of the remaining leaves have been
written the "authorities and notabill placis of Scripture" reproduced in
Appendix II.

The extended topographical knowledge gained by the publication of the
protocols renders practicable the compilation of a map of old Glasgow in
fuller detail than has hitherto been attempted; and it is intended that
one of the three volumes now required to complete the series of Glasgow
Protocols will contain a detailed map of at least the section of the city
embracing the cathedral and adjacent streets.

It may here be explained that though the headline of the printed
Protocols still retains the years of indiction and pontificate, the protocols
themselves, at the date now reached, specify neither of these particulars.
Shortly after the Eeformation the practice became irregular, and gradually
ceased altogether; but there was no fixed rule on the subject, each notary
apparently following his own inclination. There being thus no definite
termination of the custom, it was thought as well to keep up both indiction
and pontificate as items of chronological information.

E. R.

Glasgow, June, 1899.


I.— Act of Admission by the Lords of Council and Session of Archibald
Hegate as a Notary Public.

Apud Edinburgh, vigesimo quarto die mensis . . . Anno Domini
millesimo quingentesimo octingentesimo [prime'].

Thee quhilk day, in presence of thee lordis of counsale undirwrittin, viz. : —
Mt. Johnne jMaitland of Thirlestane and Williame Dowglas of Quhittinghame,
comperit personallie Archibald Hegate, sone lauchtfull to "William Hegate,
burges of Glasgu, being of thee age of xxv yeiris, and producit thee letter
undir^vrittin, subscriAat bee thee Kingis Maje.stie and his counsale, of thee
quhilk thee tenour follo-nns: — Eex: Chancelare, presedent, and remanent lordis
of our counsale and sessioun: Wee greit yow weill. Forsamekle as wee ar
informit that thee beirrar heirof, Archibald Hegate, is sufEcientlie qualifeit
for using of thee office of notarie, bee daylie practizee thairof with notaris
and utheris directouris of our chancellarie, gif hee war admittit be yow
thairto. Thairfor it is our will, and wee require yow that yee try and
examinat his qualificatioun, and finding him worthie for using of thee said
office that yee admit him thairto, resaif his aith and cautioun for dew
administratioun thairof, and authorize him with your testimoniall thairupoune
in dew forme as efferis. Subscrivit with our hand, at Dalkeith, thee vij
day of Maij, and of our regnne thee xiiij year, 1581. Sic subscribitur :
James E.; Montrois; Alexr. Ersking. Conforme to thee quhilk letter, thee
said Archibald, being of thee age foirsaid and unmareit, requirit to bee
admittit in ane pubUct notar and autentik, to thee using of thee office of
the samyn in all tymes cuming; and eftir dew examinatioun had be the
saidis lordis of the said Archibald, undirstanding him to be qualifeit for
using of the said office in tyme cuming, hes thairfor admittit and admittis
him thairto; quha hes fund Johnne Boswell of Auchlek cautioun and souirtie
for him; and the said Archibald oblist him to relleif the said Johnne his
cautioner foirsaid of the said souirtie and dew administratioun of the said
office, and refounding of all dampnage, skaith, intres, as the said act maid
this present day proportis. And hes gevin his aith that he sail leillie and
trewlie minister the said office, and sail observe and keip the act of
parliament maid anent notaris in all poyntis. And in signne and taikin of
his admissioun hes eausit ingros his signne and subscriptioun manuell, quhilk

1 On account of the paper being partially worn away, first protocol entered in Hegate's protocol book is dated
the month and the last word of the year are illegible. As, 30 June of that year, the admission must have taken
however, the Kind's letter is dated 7 May, 1581, and the place either on 24 May or 24 June, 1681.


hee sail use in tymes cuming, in this his bwik to remane apud registrum,
presentlie producit be him befoir the saidis lordis, quhilk contenis ane
hundreth four scoir threttene levis, countand five scoir for the hundreth,
quhairof thee first leif and everie tent leif ar subscrivit with the signne
and subscriptioun of Robert Scott' at thee command of the saidis lordis.
And the said Archibald oblist him to forme his instrumentis autentiklie,
and insert the samyn in his said bwik; and eftir the completing of the
samyn, sail produce thee samyn haill writtin and performit with autentik
instrumentis, and ane uther new b^vik to be markit of new at thair
commandis, and to tak sik new directioun as thay sail lay to his charge;
certifeing him and hee do thee contrar he salbe callit and persewit
thairfor. And in signne and taikin thairof has causit him mak the said
act and ordinance thairupoune as use is, subscrivit be the said lordis, day,
yeir and place foirsaidis.

Et Ego vero Archibaldus Hegate, Glasguensis diocesis notarius publicus,
per dominos consilii admissus; quia coram dictis testibus interfui,
omnia predicta, sic fieri, vidi, scivi, et [audivi], ac in notam cepi,
hoc presens publicum instrumentum, manu mea propria subscripta,
feci subscripsi et signavi, in fidem et testimonium veritatis omnium
premissorum, rogatus et requisitus.
Mr. J. Maitland. Quhittinghem.

_/'<*«>* A»rf-»^fl *wfno->J^ \0

lEach of the other leaves is subscrihed without the William Hegait's three protocol books (see Glasgow

sign. Protocols, iii. p. 60). On 7 September, 1574. "Robert

Robert Scott was clerk of session for a considerable Scott, travellour," was admitted a freeman and burgess

period. In 1563-4 he authenticated, by his signature, of Glasgow, and his burgess dues given to him gratis


II. — Extract of cektane authoraties and notabill placis of Scripture,


Heir begynnis the extract of certane authoriteis and notabill placiss of
Scripture' collectit for my comfort in the tyme of my trubill, haifing begwn
to raid thruchlie the bwik of God.

Exodus, Ca. xiiii.

Tollensque se angelus Domini qui precedebat castra Israeli abiit post
eos: et cum eo pariter columna nubis, priora dimittens, post tergum stetit,
inter castra Egiptiorum et castra Israeli".

Hie populus comitatur ab angelo Domini, sicque Dominus per angelorum
custodiam non desinit defendere pios et electos suos hie in hoc seculo,
pei-iclitantes et in anima et in corpore, quod certum est. Igitur impias
illas et impudicas voces et blasphemias contra angelorum scientiam et

[With the exception of the following memorandum, the remainder of
the leaf is left blank; but the Scripture extracts are resumed on
the next leaf].

XX Septembris, 1596. Ane compt for my ainn memorie :—

Imprimis, xiij s. iiij d.

Item, XX s.

Item, XXX s.

Item, X s.

Heir begynnis the extract of certane authoriteis and notabill placiss of

Scripture quhilkis, in the tyme of my trubill, I haif collectit for my


Genesis, Ca. xlviij.

Benedixitque Jacob filijs Joseph, et ait: Deus in cujus conspectu

" at the requeist of Robert Scott, scrybe to the lords of
sessioun" (Glasgow Rec. i. p. 22). Giving to one the
right of nominating a burgess was a common way of
dispensing the town council's favour. On 12 August,
1575, the town treasurer of Glasgow paid £6 " for wyne
propynit to Robert Scott, scribe in Edinburght, the
tyme of his being in this toun " (,1b. p. 452).

Part of the paper having been worn ofl, the lost portion
of the notary's sign has been supplied in dotted lines.

iThe Scripture passages in the MS. have been taken
from the Latin Vulgate.

- Exodus xiv, 19, " And the angel of God, which went

before the camp of Israel, remo^-ed and went behind
them ; and the pillar of the cloud went from before
their face and stood behind them ; (20) And it came
between the camp of the Egyptians and the camp of

'.i Translation— Here the people are accompanied by
the angel of the Lord, and so the Lord, through the
guardianship of angels, ceases not to protect his faithful
and elect here in this world, imperilled both in mind and
body, which is sure. Therefore they are impious and
profane words and blasphemies which are against the
knowledge and wisdom of angels.


ambulaverunt jjatres mei Abraham et Isaac Deus, qui pascit me ab adolescentia ^^™:
mea in presentem diem, angelus qui eruit me de cunctis mails benedicat
pueris istis; et invocetur super eos nomen meum, nomina quoque patrum
meorum Abraham et Isaac; et crescant in multitudinem super terram.'

Quid clarius dici potest de angelorum de angelorum- potestate et auxilio,
cum hie patriarchus et propheta Domini fatetur se ereptum de cunctis suis
malis per angelum; cujus potestate expertus non dubitat invocare angelum
ut benedicat nepotibus suis, filiis Joseph.^

Exodus, Ca. xxiij.
Ecce ego mittam angelum meum qui precedat te' [etc., Exodus, xxiij
20, 21]. Lykeuise wee may persaif the providence of Almychtie God
towardis his pepill in sending of his holie angell befoir thame.

Deuteronomium, Ca. xvij.

Si difficile et ambiguum apud te judicium esse perspexeris, [etc.
Deuteronomy xvii. 8-13].

Heir wee may persaif the authoritie of Godis kirk placit in the
Leviticall preistheid, tuicheing the richteus judgement of the law of God,
quhais sentence and judgement is absolutelie commandit to be obeyit; and
quhaevir amangis the pepill, in the pryde of hart, disobeyit the same, or
did gif ony uthir judgement, be decreit of the judge he is ordanit to die.
And quha dar be bauld to say or deny with gude conscience bot that his
kirk, now undir the holie preistheid of Jesus Chryste, sould not half that
same authoritie concerning the rychteus judgement of his Evangell quherupone
the verie law of man is maist godlie and trewlie set downe. Thairfoir
thay, quhatever they be, in the pryde of hart, hes contempnit the authoritie
and judgement of the kirk, gifin and set downe upoune the holie scripturis
and holie exerceis of religioun, quhilk hes bene catholik and universale,
justlie be the law they sould as heretikis, than monstruous Luther and
Calvin, with all thair discipillis, ar worthee of deth, as furious wolfis and

1 Genesis xlviii. 16, "And he blessed Joseph, and said: power and help of the angels, when this patriarch and
God, before whom my fathers, Abraham and Isaac, did prophet of the Lord acknowledges himself redeemed
walk, the God which fed me all my life long unto this from all his iniquities by an angel; having experienced
day; (16) The angel which redeemed me from all evil, whose power, he does not hesitate to invoke the angel
bless the lads ; and let my name be named on them, and to bless his grandsons, sons of Joseph.

the name of my fathers, Abraham and Isaac ; and let i Subsequent passages of Scripture are not printed in

them grow into a nmltitude in the midst of the earth." full, but are referred to by citation of chapter and verse

2 " De angelorum " repeated as in text. from the English authorised version. The comments

3 Translaimi^Vfbs.t can be more clearly said of the being in the vernacular are printed in the text.


baris cled in lambis skinnis, quha in the pryde of thair hart hes contempnit
the lauchfull authoritie and judgement of the kirk, gefin and set downe
upoune holie scripture and religioun, quhilk hes bene catholik and universale;
bot as the ministeris of Sathan foirspokin be the Lord Jesus to cum in
the lattir dayis with all thair discipillis and followeris heir in this life, I
commend thame with my hart to the mercie of God, to be returnit fra
thair rebellioun to the luiitie of his kirk; bot gif they will nocht heir and
returne, I remit thame to the judgement of the last day, quhar than thay
sail see the holie tarbirnacle and sanctuarie of God and undirstand his holie
catholik kirk, quhilk now they blaspheme with invisibilitie, placit in hir
everlasting glorie.

Deuteronomium, Ca. xxx.

Mandatum hoc quod ego precipio tibi hodie non supra te est, [etc.
Deuteronomy xxx. 11-16].

Heir in this place thir lait enemeis of Godis kirk ar confoundit in
thair fals doctrene quhilk they teich to the pepill, crying and creiking in
pulpitis that the commandimentis of God may nocht be kepit and obeyit,
seing that heir God him self sayis to his pepill that his commandymentis
gifin thame ar nocht abufe thair power, as may lykeuise be sene in the
young man that come to Chryste and askit him quhat he sould do to get
evirlasting lyfe, to quhome Chryste ansuerit: Keip the commandymentis.
The young man ansuerand Chryste, said to him, efter that Jesus had
repetit the commandimentis, that he had kepit thame fra his youth up;
and Chryste accusit him nocht of the contrar, bot sayis he lakit ane
thing, that is, sell that thow hes and gif to the pure, and follow me.
Quhilk quhen the young man hard, he was sad, etc. Sa we may persaif
that the yok and burding of Chryste is licht and sweit and nocht ane
thing impossibill. Yet I will nocht deny bot the commandymentis may be
brokin, and daylie brokin, bot for the same trew repentance pleissis the
Lord in the Lamb slayne for the synnes of the wardill. Bot this doctrene
of Luther and Calvin and thair followeris is to lerne men to flattir thame
selfis quhen they haif synnit, for gif it be impossibill to keip the
commandymentis, than ar we at rest with our selfis, becaus God hes
commandit ane impossibilitie quhilk is aganes his justice and rychteusnes,
seing Paul says that God is faithfull and sail nocht tempt or lay to our
charge that quhilk we may nocht.



Vol. i. fol.

Dixitque Dominus ad Moysem: Ecce tu dormies cum patribus tuis
[etc. Deuteronomy, xxxi. 16].

The prescience of God and Ms undirstanding of the pepillis defectioun
frome his holie wirschip to idolatrie is nocht Godis will or yet his f. iso.
predestinatioun, for gif it had bene his will or predestinatioun, they had
nocht offendit to commit itolatrie, becaus they obeyit his will and predes-
tinatioun, bot they abusing thair frie will, quhilk is left to thame in the
chaptour preceding, quhair God sayis, '^Elige ergo vitam ut et tu vivas et
semen tuum,^ etc., chesing rather idolatrie than the trew wirschip of God. And
sa it is thair onlie . . ." and nocht the will nor predestinatioun of God.
Justlie, thairfoir, did they incur the curse of God, becaus lyfe and deth
is left to thair free will and electioun; and gif free will and electioun had
nocht bene in thair power, it could nocht haif standit with the justice of
God to pwnische thame incais it had bene his will and predestinatioun in
thame; and farder, gif it had bene his will than thair was na chose nor
electioun left to thame, bot God, as is befoir writin, biddis him cheis
lyfe, quhilk gif he micht nocht cheis, than had he nocht offendit; and
farder, in the xv. chaptour of Ecclesiasticus, he sayis, ^'■Ante hominem vita
et mors, bonum et malum: quod placuerit dahitur illi."^

LiBRO PRiMO Regum, Ca. j.

Factum est autem, cum ilia multiplicaret preces [etc. 1 Samuel, i. 12].

Heir Anna, the wyfe of Elcana, being baren, multipleis prayeris to the
Lord; quhilk multipleing of prayeris now makit of the slugische and cairles
wirschipperis of God, or rather delicat atheistis in thir dayis, bot yit,
nevirtheles, godlie Anna obtenith hir desyre, and conceivis and beris ane
sone callit Samuell, quhome scho consecratis to the Lord, according to hir
vow quhilk scho maid in the tyme of hir prayer; quhilk consuetude and
holie use of vowing, lykewise the enemeis of Godis kirk rejectis, albeit it
be ane maist holie and necessar thing, bot becaus it is aganis the plesour
of thair naturall efifectionis they dow nocht byde to heir of it.

Ecce dies veniunt et precidiam brachium tuum, et brachium domus
patris tui ut non sit senex in domo tua. [1 Samuel, ii. 31].

1 Deuteronomy xxx. 19, "Therefore choose life, that 3 Ecclesiasticus (one of the apocryphal books), xv. 17 :—

both thou and thy seed may live." "Before man is life and death, good and evil, and

- Word illegible. whichsoever him liketh shall be given him,"


Heir the agit of the hows, Heli the preist, is denuncit be God to
perische, sa that all the maill kynde of his hows deit quhen they come
to mannis age; sa quhair the agit of ony hows, famelie or cuntrie, is
takin away, the same is ane greit curs, and quhair be the contrar they
ar grantit be God to be, it is ane grit blessing, and they sould be haldin
in honour, for out of all dowt the agit is of grit exiDcrience and counsell.


The excuse of Saul to Samuell, haifing made sacrifice to God.

Quia vidi quod populus dilaberetur a me, [etc. 1 Samuel, xiii. 11-14].

Heir wee are teichit that na manir of persoune. King nor subject
.' usui-p or tak on him the spirituall office of the pastour, how good
that e\-ir thair . . . bee mthout they bee lauchfullie admittit and
ordinarlie or utherwayis extraordinarilie callit be God him self, uthirwayis
all their service or ministratioun of the ... is meir abominatioun in
the sicht of God.

Than would I speir the questioun gif this cair of admitting spirituall
pastouris in the kirk be noeht als necessar now to be observit in thir lettir
dayis in the Christian kii-k as in the Jewis kirk, seeing wee ar foirwarnit
of fals propheitis to cum in the lettir dayis, be Chryste him self, quha sail

1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Online LibraryGlasgow (Scotland)Abstracts of protocols of the town clerks of Glasgow (Volume 8) → online text (page 1 of 18)