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NOTES AND QUERIES/ tio a xn. A, u, im.
" bailie " was thought worthy of such a
post. It was laid upon the magistrates of
all burghs that they should visit the markets
on every lawful day, and not only see that
all the rules were being attended to, but
also set a price on the fish therein exposed
for sale.
Reference has already been made to an Act passed by James IV. preventing markets being held on holy days. It was found desirable to extend the provisions of it to Sunday. With this view James IV. enacted that its purposes should be so applied. It was at that time the practice both in burghs and parishes to indulge in a good deal of gaming and playing, " passing to taverns and aillhouses," on Sundays, thereby result- ing in many "remaining fra the paroche kirk in tyme of sermone and prayers." To put a stop to all such practices, severe penalties were imposed, and these when recovered were to be " applyit to ye help and relief of the puyr of the parochyne." There was tacked on to this an enactment against those that " sueris abhominabill aithis." The higher the station in life the greater the offence at least if we are to judge by the penalties. Under one class we find prelates of the Kirk, " erles," or lords ; a baron or a beneficed man conies next, then the landed proprietor, vassal or f ewar ; while for the puir folk who had no gear it was provided that they be put in " stokis, joggs, or presonit for ye space of four houres." The fair sex must have been rather addicted to loud expressions, for they are also ^ taken into consideration. They are to be "weyit and considerit confprme to thair blude and estaite of their pairties." Whether it was found that bargains could not be concluded without tempers being lost is not stated, though it may be inferred, but it was deemed necessary to appoint censors to attend the markets to imprison profane swearers.
Who has not heard of the Sautmarket of Glasgow ? In 1594 a petition was presented to the Estates, by certain parties interested, that the markets of Glasgow were too much crowded together. Even then there was a desire for devolution. The petitioners sug- gested that the bear and malt market might be removed to the head of Grey Friars Wynd, which was considered a more suitable place. The Sautmarket was found to be entirely out of place in its then location, as it was at a distance from the brig and water of the city, and in consequence users of the above commodities were put to great expense for transporta- tion from the Wynd head to the bridge, a
distance of fully a mile. Common sense
prevailed, and the market with its attendant
glories was removed " to the auld station,
where it stude for the common benefits of
the hail inhabitants."
In 1594 rather an interesting case arose in connexion with the Edinburgh market. Certain of the bailies and inhabitants of the Canongate stated that, the Burgh of Edinburgh having the liberty of three free markets weekly, at which all the lieges were at liberty to buy " fra sone to sone,'" the complainers had exercised that right.. Of late an attempt had been made to molest them, and they sought the protection of the Council. They evidently had the* makings of a case, for the King and his. Council remitted the consideration of the- complaint to the Lords of the Council and Session to decide the question.
About the same date Perth had am example of the ticklishness of interfering with the locality of these stances. When that city was appointed a free Royal Burgh "the Magistrates and inhabitants thereof for the tyme, willing be a civile and politique forme- of government to advance the said burgh and to> cause the same flurische in welth and policie,"
appointed a fish market to be at the- " South Gaitt, at that part thairpf foir anent Allareit Chappell, as a place maiist meit and. commodious thairto."
After a time influence in favour of another portion of the town prevailed, and it was- removed thither. In later years a hankering after the old site asserted itself, and the^ complaint having been referred to a com- mission, their decree was "that all maner. of sey fische cumand to the^ said burgh on horsbak sould be streykini and sauld in the South Gaitt."
As an example of hoxv: j jealously the power to lay on taxation or customs was guarded by those in authority; a case which occurred in the town of Ha wick may be- referred to. Sir James Douglas of Drum- lanrig, on his own behalf and in the interests of his tenants, complained that certain bailies of the town had imposed a tax of 40s. on " everie rude of twelff score rude of land " pertaining to Sir James in the barony of Hawick. To this the laird objects, as it is " bot for the privat use- of the personis particularlie above-written and others of thair societie and f ellowschip. " But this is not all.
" The saidis personis committaa mony ma insolencyis, oppressionis and wrongis uponn the said Sir James tennentis and servandis ; stayis his servandis and customaris for lifting of the- ordinair and dew customs of the town of Hawik_
