The Second (or Kilwinning) Schaw Statute of 1599

XXVIII Decembris, 1599.

28th December 1599.

(1) First, It is ordanit that the warden witin the bounds of Kilwynning and vther placeis subject to thair ludge salbe chosin and electit zeirlie be monyest of the Mrs voitis of the said ludge vpoun the twentie day of December and that wn the kirk of Kilwynning as the heid and secund ludge of Scotland and yrefter that the generall warden be advertysit zeirlie quha is chosin warden of the ludge, immediatlie efter his electioun.

(1) First, it is ordered that the Warden within the boundaries of Kilwinning and other places subject to their lodge shall be chosen and elected yearly by a majority of the Masters voting of the said lodge on the twentieth day of December, and that within the Kirk (church) of Kilwinning as the head and second lodge of Scotland, and thereafter the General Warden shall be advised yearly who is chosen Warden of the lodge, immediately after his election.

(2) Item, it is thocht neidfull & expedient be my lord warden generall that everie ludge wtin Scotland sall have in tyme cuming ye awld and antient liberties yrof vse and wont of befoir & in speciall, yt ye ludge ol Kilwynning secund ludge of Scotland sail haif thair warden pnt at the election of ye wardenis wtin ye bounds of ye Nether Waird of Cliddsdail, Glasgow Air & bounds of Carrik; wt powar to ye said wairden & dekyn of Kilwynning to convene ye remanent wardenis and dekynis wtin ye bounds foirsaid quhan thay haif ony neid of importance ado, and yai to bejudgit be ye warden and dekyn of Kilwynning quhen it sall pleis thame to qvene for ye tyme ather in Kilwynning or wtin ony vther pt of the west of Scotland and bounds foirsaid.

(2) Item, it is thought needful and expedient by my Lord Warden General that every lodge within Scotland, shall have in time coming the old and ancient liberties whereof use and want of before and in special, that the lodge of Kilwinning, second lodge of Scotland, shall have their Warden present at the election of the Wardens within the boundary of the Nether Ward of Clydesdale, Glasgow, Ayr and the boundaries of Carrick; with power to the said Warden and Deacon of Kilwinning to convene the remaining Wardens and Deacons within the aforesaid boundaries when they have any important need to do so, there to be judged by the Warden and Deacon of Kilwinning whenever it shall please them to convene for the time after in Kilwinning or within any other part of the West of Scotland and the aforesaid boundaries.

(3) Item it is thocht neidfull & expedient be my lord warden generall, that Edr salbe in all tyme cuming as of befoir the first and principall ludge in Scotland, and yt Kilwynning be the secund ludge as of befoir is notourlie manifest in our awld antient writts and that Stirueling salbe the third ludge, conforme to the auld privileges thairof.

(3) Item, it is thought needful and expedient by my Lord Warden General, that Edinburgh shall be in all time coming, as of before, the first and principal lodge in Scotland, and that Kilwinning be the second lodge, as of before notably/notoriously manifest in our old ancient writs, and that Stirling shall be the third lodge, conforming to the old privileges thereof.

(4) Item it is thocht expedient yt ye wardenis of everie ilk ludge salbe answerabel to ye presbyteryes wtin thair schirefdomes for the maissonis subiect to ye ludgeis anent all offensis ony of thame sall committ, and the thrid pt of ye vnlawis salbe employit to ye godlie vsis of ye ludge quhair ony offens salhappin to be committit.

(4) Item, it is thought expedient that the Wardens of every ilk lodge shall be answerable to the Presbyteries [courts of the church] within their Sheriffdoms, for the Masons subject to the lodges, regarding all offenses any of them shall commit, and the third part of the fines imposed shall be employed for the Godly (i.e. charitable) uses of the lodge where any offense so happened to be committed.

(5) Item yt yr be tryall takin zeirlie be ye wardenis & maist antient maisteris of everie ludge extending to sex personis quha sall tak tryall of ye offenss, yt punishment may be execut conforme to equitie & iustice & guid conscience & ye antient ordor.

(5) Item, that there shall be trials taken yearly by the Wardens and most antient Masters of every lodge, extending to six persons, who shall take trial all of the offenses, so that punishment may be executed in conformity to equity and justice, and good conscience and the ancient order.

(6) Item it is ordanit be my lord warden generall that the warden of Kilwynning as secund in Scotland, elect and chuis sex of the maist perfyt and worthiest of memorie within (thair boundis,) to tak tryall of the qualificatioun of the haill masonis within the boundis foirsaid of thair airt, craft, scyance and antient memorie; To the effect the warden deakin may be answerable heiraftir for sic p(er)sonis as Js qmittit to him & wthin his bounds and jurisdictioun.

(6) Item, it is ordered by my Lord Warden General that the Warden of Kilwinning, as second in Scotland, shall select and choose six of the most perfect and worthiest of memory within their boundaries, to take trial of the qualification of the whole Masons within the aforesaid boundaries of their Art, Craft, Science and ancient memory; to the effect the Warden and Deacon may be answerable hereafter for such persons as are responsible to him and within his boundaries and jurisdiction.

(7) Item conunissioun in gewin to ye warden and deakon of Kilwynning as secund luge, to secluid and away put ftirthe of yr societe and cumpanie all psonis disobedient to fulfil & obey ye haill acts and antient statutts sett doun of befoir of guid memorie, and all psonis disobedient eyr to kirk craft counsall and uyris statutts and acts to be mayd heireftir for ane guid ordour.

(7) Item, commission is given to the Warden and Deacon of Kilwinning as the second lodge, to exclude, expel and put forth from the Society and Company all persons who are disobedient to fulfil and obey the whole acts and ancient statutes set down before good memory, and all persons disobedient either to Kirk (church), Craft, Council and other statutes and acts to be made hereafter for own good order.

(8) Item it is ordainit be my lord warden generall that the warden and deakyn to be pnt of his quarter maisteris elect cheis and constitut ane famous notar as ordinar clark and scryb, and yat ye said notar to be chosinge sall occupye the office, and that all indentouris discharges and vtheris wrytis quhatsumevir, perteining to ye craft salbe onlie wrytin be ye clark and that na maner of wryt neyther tityll nor other evident to be admit be ye said warden and deakin befoir yame, except it be maid be ye said clark and subscryuit wt his hand.

(8) Item, it is ordered by my Lord Warden General that the Warden and Deacon, with his Quarter Masters, shall select, choose and constitute a qualified notary as an ordinary clerk and scribe, and that the said notary who is chosen shall occupy the office, and that all indentures, discharges and other writings whatsoever, pertaining to the Craft, shall only be written by the Clerk, and that no manner of writ, neither title nor any other evidence, shall be admitted by the said Warden and Deacon before named, except it is made by the said clerk and subscribed with his hand.

(9) Item It is ordanit be my lord generall that ye hale auld antient actis and statutis maid of befoir be ye predicessrs of ye masonis of kilwynning be observit faithftillie and kepit be ye craftis in all tymes cuminge, and that na prenteis nor craftis man, in ony tymes heireftir be admittit nor enterit Bot onlie wthin the kirk of Kilwynning as his paroche and secund ludge, and that all bankatts for entrie of prenteis or fallow of crafts to be maid wthin ye said lug of Kilwynning.

(9) Item, it is ordered by my Lord General that the whole old ancient acts and statutes made of before by the predecessors of the Masons of Kilwinning shall be observed faithfully and kept by the Craft in all times to come, and that no Apprentice or Craftsman, in any time hereafter, be admitted nor entered, but only within the Kirk (church) of Kilwinning, as his parish and second lodge, and that all banquets for entry of Apprentices of Fellows of Craft be made within the said lodge of Kilwinning.

(10) Itemltis ordanit that all fallows of craft at his entrie pay to ye commoun bokis of ye luge the soume of ten punds monie, wt x s. worthe of gluiffis or euire he be admitit and that for the bankatt, And that he be not adrrtitit wthout ane sufficient essay and pruife of memorie and art of craft be the warden deacon and quarter mrs of ye lug, conforme to ye foirmer and qrthrow yai may be ye mair answerable to ye generall warden.

(10) Item, it is ordered that all Fellows of Craft at his entry pay to the common books of the lodge the sum of ten pounds money, with ten shillings worth of gloves before he is admitted, and that shall include the expense for the banquet, and he shall not be admitted without a sufficient Assay (test) and proof of memory and art of craft by the Warden, Deacon and Quarter Masters of the lodge, under the supervision of the former and answerable to the General Warden.

(11) Item that all prentessis to be admitit be not admittit qll first pay to ye commoun bankat foiresaid the sowme of sex punds monie, utherwyes to pay the bankat for ye haill members of craft wthin the said ludge and prentessis yrof.

(11) Item, that all Apprentices to be admitted shall not be admitted until they have first paid for the common banquet aforesaid, the sum of six pounds money, otherwise to pay for the banquet for the whole Members of Craft within the said lodge and the Apprentices thereof.

(12) Item It is ordanit that the warden and deakis of ye secund luge of Scotland pnt of Kilwynning, sall tak the aythe, fidelitie and trewthe of all mrs and fallowis of craft wthin ye haill bounds commitit to yr charge, zeirlie that thai sall not accumpanie wth cowans nor work with diame, nor any ofyr servands or prenteisses wndir ye paine of ye penaltie contenit in ye foirmer actis and peying yrof.

(12) Item, it is ordered that the Warden and Deacons of the second lodge of Scotland, present of Kilwinning, shall take the oath, fidelity and truth of all Masters and Fellows of Craft within the entire boundaries committed to their charge, yearly, that they shall not keep company with Cowans or work with them, nor any of their servants or apprentices, under the pain of penalty contained in the former acts and paying thereof.

(13) Item It is ordanit be ye generall warden, That ye warden of ye lug of Kilwynning, being the secund lug in Scotland, tak tryall of ye airt of memorie and science yrof, of everie fellowe of craft and everie prenteiss according to ayr of yr vocations; and in cais yat yai haue lost ony point yrof dvied to thame To pay the penaltie as followis for yr slewthfulness, viz., Ilk fallow of craft, xx s., Ilk prentess, x s., and that to be payit to ye box for ane commoun weill zeirlie & yat conforme to the commoun vs and pratik of the commoun lugs of this realm.

(13) Item, it is ordered by the General Warden, that the Warden of the lodge of Kilwinning, being the second lodge in Scotland, shall take trial of the Art of Memory and science thereof, of every Fellow of Craft and every Apprentice according to their vocations; and in case that they have lost any point thereof divulged to them, they are to pay the penalty as follows for their slothfulness, that is, each Fellow of Craft, twenty shillings, each Apprentice ten shillings, and that to be paid to the box for the common well, yearly, and that in conformity to the common use and practice of the common lodges of this realm.

And for the fulfilling, observiiige and keping of thir statutis and all oyr actis and statuttis maid of befoir and to be maid be ye warden deaconis and quarter mrs of ye lugis foirsads for guid ordor keping confonn to equitie justice & antient ordor to ye makinge and setting doun qrof ye generall warden hes gevin his power and conunission to the said warden and yrs aboue vrtn to sett doun & mak actis conforme as accords to ye office law. And in signe and taking yrof I the generall warden of Scotland hes sett doun and causit pen yir actis & statutis And hes sybscryuit ye smyis wt my hand eftr ye testimoniale on this syd and on the uther syd.

And for the fulfilling, observing and keeping of these statutes and all other acts and statutes made before and to be made, by the Warden, Deacons and Quarter Masters of the aforesaid lodges, for good order, keeping in conformity to equity, justice and ancient order, to the making and setting down thereof, the General Warden has given his power and commission to the said Warden and those above written to set down and make acts in conformity as accords to the official law. And in sign and token thereof, I, the General Warden of Scotland, have set down and caused to be written these acts and statutes, and have subscribed the same with my hand, after the testimonial on this side and on the other side.

Be it Kend to the warden dekyn and to the mrs of the ludge of Kilwynning That Archibald Barklay being directit commissioner fra the said ludge comperit in Edr the twentie sevin & twentie awcht of December Instant quhair the said Archibald  in pns of the warden generall & the mrs of the ludge of Edr, producit his commissioun, and behaifit himself verie honestlie and cairfullie for the discharge of sik thingis as was committit into him; bot be ressone of the absence of his Maitie out of the toun and yt thair was na mrs bot the tudge of Edr convenit at this tyme, We culd not get ane satlat order (as the privileges of the craft requyris) tane at this tyme, bot heirefter quhan occasioun sal be offerit we sall get his Maities warrand baith for the authorizing of the ludgeis privilegeis, and ane penaltie set down for the dissobedient personis and perturberis of all guid ordor.

Be it known to the Warden, Deacon and to the Masters of the lodge of Kilwinning that Archibald Barclay, being directed Commissioner for the said lodge appeared in Edinburgh the 27th and 28th of December, where the said Archibald, in the presence of the Warden General and the Masters of the lodge of Edinburgh, produced his commission, and behaved very honestly and carefully for the discharge of such things as were committed to him; but by reason of the absence of his Majesty out of town, and because there were no Masters but those of the lodge of Edinburgh convened at this time, we could not get any settled order (as the privileges of the Craft require) done at this time, but hereafter when occasion shall be offered, we shall get his Majesty’s warrant both for the authorizing of the lodge’s privileges, and for any penalty set down for the disobedient persons and disturbers of all good order. 

Thus far I thocht guid to sgnifievn to the haill brether of the ludge, vnto the neist commoditie In witnes heirof, I haif subscriuit this pnt wt my hand at Halyrudhous the twentie awcht day of December The zeir of God ImV’ fourscoir nynetene zeirs.

Therefore, I thought it good to signify to the whole brethren of the lodge, into the most commodity in witness hereof, I have subscribed this present document with my hand at Holyrood House the 28th day of December, the year of God 1599.

WILLIAM SCHAW,

Maistir of Wark, Wairden of ye Maisons.