The First (or Edinburgh) Schaw Statute of 1598
At Edinburgh the XXVIII day of December, The zeir of God I’ V’ four scoir awchtene zeiris.
At Edinburgh, the 28th day of December, the year of God One Thousand Five Hundred and Ninety Eight.
The statutis ordinance is to be obseruit be all the maister maissounis within this realme, Sett doun be Williame Schaw, Maister of Wark, to his maiestie And generall Wardene of the said craft, with the consent of the maisteris efter specifeit.
The Statutes and Ordinances to be observed by all the Master Masons within this realm, set down by William Schaw, Master of Work to His Majesty [King James VI of Scots] and General Warden of the said Craft, with the consent of the Masters [here] after specified.
(1) Item, first that they obserue and keip all the gude ordinanceis sett doun of befoir concemyng the priviligeis of thair Craft be thair predicesso’ of gude memorie, And specialie That thay be trew ane to ane vther and leve cheritablie togidder as becumis sworne brether and companzeounis of craft.
(1) Item, first that they observe and keep all the good ordinances set down before concerning the privileges of their Craft by their predecessors of good memory and especially that they be true to one another and live charitably together as becomes sworn brethren and companions of Craft.
(2) Item, that thay be obedient to thair wardenis, dekynis, and maisteris in alithingis concernyng thair craft.
(2) Item, that they be obedient to their Wardens, Deacons and Masters in all things concerning their Craft.
(3) Item, that thay be honest, faithfull, and diligent in thair calling, and deill uprichtlie w’the maisteris or awnaris of the warkis that they sall tak vpoun hand, be it in task, meit, & fie, or owlkiie wage.
(3) Item, that they be honest, faithful and diligent in their calling, and deal uprightly with the Masters or owners of the works that they shall take in hand, be it in task, meat and fee, or weekly wage.
Task, meat and fee = piece-work with meals and pay.
(4) Item, that name tak vpoun hand ony wark gritt or small quhilk he is no’abill to performe qualifeitlie vnder the pane of fourtie pundis money or ellis the fourt pairt of the worth and valo’of the said wark, and that by and atto’ ane condigne amendis and satisfactioun to be maid to the awnaris of the wark at the sycht and discretioun of the generall Wardene, or in his absence at the sycht of the wardeneis, dekynis, and maisteris of the shrefdome quhair the said wark is interprisit and wrocht.
(4) Item, that none [shall] take in hand (undertake) any work, great or small, which he is not able to perform in a qualified manner under the pain of forty pounds or else the fourth part of the worth and value of the said work, and that by and through any adequate amends and satisfaction to be made to the owners of the work at the sight and discretion of the Warden-General, or in his absence at the sight of the Wardens, Deacons and Masters of the Sheriffdom where the said work is being constructed or worked.
(5) Item, that na maister sali tak anevther maisteris wark over his heid, efter that the first maister hes aggreit w’the awnar of the wark ather be contract, arlis, or verball conditioun, vnder the paine of fourtie punds.
(5) Item, that no Master shall take another Master’s work over his head, after the first Master has agreed with the owner of the work either by contract, arles or verbal condition, under the penalty of forty pounds.
Arlis/arles = a Scottish word meaning ‘earnest money given in confirmation of a bargain.’
(6) Item, that na maister sall tak the wirking of ony wark that vther maisteris hes wrocht at of befoir, vnto the tyme that the first wirkaris be satisfeit for the wark quhilk thay haif wrocht, vnder the pane foirsaid.
(6) Item, that no master shall take the working of any work that other Masters have worked at before, until the time that the first workers are satisfied [i.e. paid] for the work which they have wrought, under the penalty aforesaid.
(7) Item, that thair be ane wardene chosin and electit Ilk zeir to haif the charge over everie ludge, as thay are devidit particularlie, and that be the voitis of the maisteris of the saids ludgeis, and consent of thair Wardene generall gif he happynis to be pn’, And vtherwyis that he be aduerteist that sic ane wardene is chosin for sic ane zeir, to the effect that the Wardene generall may send sic directionis to that wardene electit, as effeiris.
(7) Item, that there be one Warden chosen and elected every year to have charge over every lodge, as they are divided particularly, and that by the votes of the Masters of the said lodges, and the consent of their Warden General, if he happens to be present. And otherwise that he be advised that such a Warden has been chosen for such a year, to the end that the Warden-General may send directions to the elected Warden, as necessary.
(8) Item, that na maister sall tak ony ma prenteissis nor thre during his lyfetyme w’out ane speciall consent of the haill wardeneis, dekynis, and maisteris of the schirefdome quhair the said prenteiss that is to be ressauit dwellis and remanis.
(8) Item, that no master shall take any more apprentices than three during his lifetime without the special consent of all the Wardens, Deacons and Masters of the Sheriffdom where the said apprentice that is to be received dwells and resides.
(9) Item, that na maister ressaue ony prenteiss bund for fewar zeiris nor sevin at the leist, and siclyke it sall no’be lesum to mak the said prenteiss brother and fallow in craft vnto the tyme thathe haif seruit the space of vther sevin zeiris efter the ische of his said prenteischip w’out ane speciall licenc granttit be the wardeneis, dekynis, and maisteris assemblit for the caus, and that sufficient tryall be tane of thair worthynes, qualificatioun, and skill of the persone that desyirs to be maid fallow in craft, and that vnder the pane of fourtie punds to be upliftit as ane pecuniall penaltie fra the persone that is maid fallow in craft aganis this ord’, besyde the penalteis to be set doun aganis his persone, accordyng to the ord’of the ludge quhair he remanis.
(9) Item, that no Master receive any apprentice bound (contracted) for fewer than seven years at least, and likewise it shall not be legal to make the said apprentice Brother and Fellow in Craft until the time that he shall have another seven years after the end of his apprenticeship without a special licence granted by the Wardens, Deacons and Masters assembled for that purpose, and that sufficient trial be made of the worthiness, qualification and skill of the person that desires to be made Fellow in Craft, and that under the penalty of forty pounds to be regarded as a pecuniary penalty from the person that is made Fellow in Craft against this ordinance, besides the penalties to be levied against his person by order of the lodge of the place where he resides.
(10) Item, it sall no’ be lesum to na maister to sell his prenteiss to ony vther maister nor zit to dispens w’the zeiris of his prenteischip be selling y’of to the prenteisses self, vnder the pane of fourtie punds.
(10) Item, that it shall not be lawful for any Master to sell his apprentice to any other Master, nor to dispense with the years of his apprenticeship by selling these of to the apprentice himself, under the penalty of forty pounds.
(11) Item, that na maister ressaue ony prenteiss w’out he signifie the samyn to the wardene of the ludge quhair he dwellis, to the effect that the said prenteissis name and the day of his ressauyng may be ord’lie buikit.
(11) Item, that no Master shall receive any apprentice without signifying the same to the Wardens of the lodge where he dwells, to the effect that the said apprentice’s name and the day of his reception may be orderly entered in the books.
(12) Item, that na prenteiss be enterit bot be the samyn ord’, that the day of thair enteres may be buikit.
(12) Item, that no apprentice [shall] be entered, except by the same ordinance, so that the day of their entries may be booked.
(13) Item, that na maister or fallow of craft be ressauit nor admittit w’out the numer of sex maisteris and twa enterit prenteissis, the wardene of that ludge being ane of the said sex, and that the day of the ressauyng of the said fallow of craft or maister be ord’lie buikit and his name and mark insert in the said buik w’ the names of his sex admitteris and enterit prenteissis, and the names of the intendaris that salbe chosin to everie persone to be alsua insert in thair buik. Providing alwayis that na man be admittit w’out ane assay and sufficient tryall of his skill and worthynes in his vocatioun and craft.
(13) Item, that no Master or Fellow of Craft be received or admitted without there being six Masters and two Entered Apprentices present, the Warden of the lodge being one of the said six, and that the day of the receiving of the said Fellow of Craft or Master be properly booked and his name and mark inserted in the said book with the names of his six admitters and entered apprentices, and the names of the intenders (instructors) that shall be chosen for every person to be also inserted in their book. Providing always that no man shall be admitted without an assay* and sufficient trial of his skill and worthiness in his vocation and Craft.
*Assay NOT Essay – an assay is a test or examination, a word which is still used when assaying jewellery. Some historians have wrongly assumed that this is a written essay. Assizes, or courts of assize, were a type of county court in England until 1972. So ‘Assay’ clearly relates to some sort of trial, possibly working a stone as a test piece and an example of the apprentices skill, and was not a written essay.
(14) Item, that na maister wirk ony maissoun wark vnder charge or command of ony vther craftisman that takis vpoun hand or vpoun him the wirking of ony maissoun wark.
(14) Item, that no master [shall] work [on] any mason work under [the] charge or command of any other craftsman that takes in hand or upon himself the working of any mason work.
(15) Item, that na maister or farow of craft ressaue ony cowanis to wirk in his societie or cumpanye, nor send nane of his servands to wirk w’cowanis, under the pane of twentie punds sa oft as ony persone offendis heirintill.
(15) Item, that no Master or Fellow of Craft receive any Cowans* to work in his Society or Company, nor send any of his servants to work with Cowans under the penalty of twenty pounds as often as any person shall offend herein this.
*Cowan – a dry stone waller i.e. not a qualified stonemason or member of the Lodge.
(16) Item, it sall no’be lesum to na enterit prenteiss to tak ony gritter task or wark vpon hand fra a awnar nor will extend to the soume of ten punds vnder the pane foirsaid, to wit xx libs, and that task being done they sall Interpryiss na mair w’out licence of the maisteris or warden q’thay dwell.
(16) Item, it shall not be lawful for any Entered Apprentice to undertake any greater task or work in hand from an owner, nor will extend to the sum of ten pounds, under the penalty aforesaid, to wit twenty pounds, and that task being done they shall not enterprise anymore without licence of the Masters or Warden where they dwell.
(17) Item, gif ony questioun, stryfe, or varianc sall fall out amang ony of the maisteris, servands, or entert prenteissis, that the parteis that fallis in questioun or debait, sall signifie the causis of thair querrell to he perticular wardeneis or dekynis of thair ludge w’in the space of xxiiij ho” vnder the pane of ten pnds, to the effect that thay may be reconcilit and aggreit and their variance removit be thair said wardeneis, dekynis, and maisteris; and gif ony of the saids parteis salhappin to remane wilfull or obstinat that they salbe deprivit of the privilege of thair ludge and no’permittit to wirk y’at vnto the tyme that thay submit thame selffis to ressoun at the sycht ofthair wardenis, dekynis, and maisteris, as said is.
(17) Item, if any question, strife or variance shall fall out among any of the Masters, servants (Fellowcrafts they employ) or Entered Apprentices, that the parties that fall in question or debate shall signify the cause of their quarrel to the particular Wardens or Deacons of their lodge within the space of twenty-four hours under the penalty of ten pounds, to the effect that they may be reconciled and in agreement and their variance removed by the said Wardens, Deacons and Masters; and if any of the said parties shall happen to remain wilful or obstinate they shall be deprived of the privileges of their lodge and not permitted to work thereat until such time as they submit themselves to reason in the sight of their Wardens, Deacons and Masters, as it is said.
(18) Item, that all maisteris, Inte priseris of warkis, be verray cairfull to sie thair skaffellis and futegangis surelie sett and placeit, to the effect that throw thair negligence and siewth na hurt or skaith cum vnto ony personis that wirkis at the said wark, vnder pain of dischargeing of thaim y efter to wirk as maisteris havand charge of ane wark, bot sall ever be subiect all the rest of thair dayis to wirk vnder or w ane other principall maister havand charge of the wark.
(18) Item, that all Masters, enterprisers of work, be very careful to see that their scaffolding and footways/gangways be surely set and placed, to the effect that through their negligence and sloth no hurt or injury may come unto any person that works at the said work, under the penalty of discharging (prohibiting) them thereafter from working as Masters having charge of any work, but shall ever to be subject all the rest of their days to work under or with another Principal Master having charge of the work.
(19) Item, that na maister ressaue or ressett ane vther maisteris prenteiss or servand that salhappin to ryn away fra his maisteris seruice, nor interteine him in his cumpanye efter that he hes gottin knawledge y’of, vnder the paine of fourtie punds.
(19) Item, that no Master is to receive or reset* any other Master’s Apprentice or servant that shall happen to run away from his Master’s service, or entertain him in his company after that he has gotten knowledge thereof, under the penalty of forty pounds.
*Reset – In Scottish law, reset refers to two things. Firstly, it is the act of knowingly receiving stolen goods. This means that if someone buys or accepts something that they know has been stolen, they are committing reset. Secondly, it can refer to the archaic practice of harbouring or sheltering a criminal or outlaw.
(20) Item, that all personis of the maissoun craft conuene in tyme and place being lawchfullie warnit, vnder the pane of ten punds.
(20) Item, that all persons of the Mason Craft [shall] convene at the time and place being lawfully warned, under the penalty of ten pounds.
(21) Item, that all the maisteris that salhappin to be send for to ony assemblie or meitting sall be sworne be thair grit aith that thay sall hyde nor coneill na fawltis nor wrangis done be ane to ane vther, nor zit the faultis or wrangis that ony man hes done to the awnaris of the warkis that they haif had in hand sa fer as they knaw, and that vnder the pane of ten punds to be takin vp frae the conceillairs of the saidis faultis.
(21) Item, that all the Masters that shall happen to be sent for (summoned) to any assembly or meeting shall be sworn by their Great Oath that they shall not hide or conceal faults nor wrongs done by any to another, nor the faults or wrongs that any man has done to the owners of the works that they have had in hand, so far as they know, and that under the penalty of ten pounds, to be taken up from the concealers the said faults.
(22) Item, it is ordanit that all thir foirsaids penalteis salbe liftit and tane vp fra the offendaris and brekaris of thir ordinances be the wardeneis, dekynis, and maisteris of the ludgeis quhair the offendaris dwellis, and to be distributit ad pios vsus according to gud conscience be the advyis of the foirsaidis.
(22) Item, it is ordained that all the aforesaid penalties shall be lifted and taken up from the offenders and breakers of these Ordinances by the Wardens, Deacons and Masters of the lodges where the offenders dwell, and to be distributed ad pios usus* according to good conscience by the advice of the aforesaid.
*Ad pios usus – for pious (religious or charitable) uses or purposes.
And for fulfilling and observing of thir ordinances, sett doun as said is, The haill maisteris conuenit the foirsaid day binds and oblisses thaim heirto faithfullie. And thairfore hes requeistit thair said Wardene generall to subscriue thir presentis wt his awn hand, to the effect that ane autentik copy heirof may be send to euerie particular ludge w’in this realme.
And for the fulfilling and observing of these ordinances, as set down here, the whole Masters convened on the aforesaid day, bind and oblige themselves faithfully hereto. And therefore they have requested their said Warden General to subscribe there present with his own hand, to the effect that an authentic copy hereof may be sent to every particular lodge within this realm.
WILLIAM SCHAW,
Maistir of Wark.
Master of Work
