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The First Schaw Statute of 1598Edinburgh, the 28th day of December AD1598. The Statutes and Ordinances to be observed by all the Master Masons within this realm. Set down byWilliam Schaw, Master of Work to His Majesty and Warden General of the said Craft, with consent of theMasters specified hereafter. (1)First, they shall observe and keep all the good ordinances established before, concerning the privileges of their craft, by their predecessors of good memory; and especially. They shall be true to one another andlive charitably together as becometh sworn brethren and companions of the Craft. (2)They shall be obedient to their wardens, deacons, and masters in all things concerning their craft. (3)They shall be honest, faithful, and diligent in their calling, and deal uprightly with their masters, or theemployers, on the work which they shall take in hand, whether it be piece-work with meals and pay[task,melt, & fie], or for wages by the week. (4)None shall undertake any work great or small, which he is not capable to perform adequately, underpenalty of forty pounds lawful money or else the fourth part of the worth and value of the work, besidesmaking satisfactory amends to the employers, according as the Warden General may direct or, in the absence of the latter, as may be ordered by the wardens, deacons, and masters of the sheriffdom in which the work isundertaken and carried on. (5) No master shall take away another master's work after the latter has entered into an agreement with theemployer by contract or otherwise, under penalty of forty pounds. (6) No master shall take over any work at which other masters have been engaged previously, until thelatter shall have been paid in full for the work they did, under penalty of forty pounds. (7) A warden shall be elected annually to have charge of every lodge in the district for which he is chosen by the votes of the masters of the lodges of such district and the consent of the Warden General if hehappens to be present; otherwise the Warden General shall be notified of the election that he may send to thewarden-elect necessary directions. (8) No master shall take more than three 'prentices in his lifetime, without the special consent of all thewardens, deacons, and masters of the sheriffdom in which the to-be-received 'prentice resides. (9) No master shall take on any 'prentice except by binding him to serve him as such for at least sevenyears, and it shall not be lawful to make such 'prentice a brother or fellow of the craft until he shall haveserved other seven years after the completion of his 'prenticeship, without a special license granted by thewardens, deacons, and masters, assembled for that purpose, after sufficient trial shall have been made bythem of the worthiness, qualifications and skill of the person desiring to be made a fellowcraft. A fine offorty pounds shall be collected as a pecuniary penalty from the person who is made a fellow of the craft inviolation of this order, besides the penalties to be levied against his person by order of the lodge of the placewhere he resides. (10) It shall not be lawful for any master to sell his 'prentice to another master, nor to curtail the years of his 'prenticeship by selling these off to the 'prentice himself, under the penalty of forty pounds. (11) No master shall take on a 'Prentice without notice to the warden of the lodge where he resides, so that the 'Prentice and the day of his reception may be duly booked. (12) No 'Prentice shall be entered except according to the aforesaid regulations in order that the day ofentry may be duly booked. (13) No master or fellow of craft shall be received or admitted without there being present six masters and two entered 'prentices, the warden of the lodge being one of the six, when the day of receiving the newfellow of craft or master shall be duly booked and his mark inserted in the same book, with the names of the six admitters and entered 'prentices, as also the names of the intenders[intendaris-instructors]which shall bechosen for every person so entered in the book of the lodge. Providing always that no man be admittedwithout an essay and sufficient trial of his skill and worthiness in his vocation and craft. (14) No master shall engage in any mason work under the charge or command of any other craftsman who has undertaken the doing of any mason work. (15) No master or fellow of craft shall accept any cowan 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 offends in thismatter. (16) It shall not be lawful for any entered 'Prentice to undertake any greater task or work for an employer,which amounts to as much as ten pounds, under the penalty just mentioned, to wit twenty pounds, and thattask being done he shall not undertake any other work without license of the masters or warden where hedwells. (17) If any question, strife, or variance shall arise among any of the masters, servants, or entered 'prentices, the parties involved in such questions or debate shall make known the causes of their quarrel to the particularwarden and deacon of their lodge, within the space of twenty-four hours, under penalty of ten pounds, to the end that they may be reconciled and agreed and their variances removed by their said warden, deacon, andmasters; and if any of the said parties shall remain wilful or obstinate, they shall be deprived f the privilege of their lodge and not permitted to work thereat unto the time that they shall submit themselves to reasonaccording to the view of the said wardens, deacons, and masters. (18) All masters, undertakers of works, shall be very careful to see that the scaffolds and gangways are set and placed securely in order that by reason of their negligence and sloth no injury or damage[hurt or skaith]may come to any persons employed in the said work, under penalty of their being excluded thereafter fromworking as masters having charge of any work, and shall ever be subject all the rest of their days to workunder or with an other principal master in charge of the work. (19) No master shall receive or house[resset]a 'Prentice or servant of any other master, who shall have runaway from his master's service, nor entertain him in his company after he has received knowledge thereof,under penalty of forty pounds. (20) All persons of the mason craft shall convene at the time and place lawfully made known to them[beinglawchfullie warnit], under penalty of ten pounds. (21) All the masters who shall happen to be sent to any assembly or meeting, shall be sworn by their greatoath that they will neither hide nor conceal any faults or wrongs done to the employers on the work theyhave in hand, so far as they know, and that under penalty of ten pounds to be collected from the concealers of the said faults. (22) It is ordained that all the aforesaid penalties shall be lifted and taken up from the offenders andbreakers of their ordinances by the wardens, deacons, and masters of the lodges where the offenders dwell, the moneys to be expended ad pios usus(for charitable purposes)according to good conscience and by theadvice of such wardens, deacons, and masters. For the fulfilling and observing of these ordinances, as set down above, the master convened on the aforesaid day bind and obligate themselves faithfully. Therefore they have requested their said Warden General to signthese ordinances by his own hand in order that an authentic copy hereof may be sent to every particularlodge within this realm. (Signed)WILLIAM SCHAW, Master of the Work The First Schaw Statute of 1598original versionThe Second Schaw Statute of 1599As the document is rather long, the several items have been somewhat condensed and placed in an ordered sequence. The numbering of the paragraphs is done for purposes of convenientreference: (1)Edinburgh shall be, in the future as in the past, the first and principal lodge in Scotland; Kilwinning, thesecond "as is established in our ancient writings;" and Stirling shall be the third lodge, "conformably to the old privileges thereof." (2) The warden within the bounds of Kilwinning and other places subject to their lodge, shall be electedannually by a majority[be monyest]of the masters of the lodge, on the twentieth day of December, in the Kirk of Kilwinning.Immediately after election, the Warden General must be notified who was chosen warden. (3)Agreeably to "former ancient liberties," the warden of Kilwinning shall be present at the election ofwardens within the limits of the lower ward of Cliddisdale, Glasgow, Ayr, and the district of Carrik.Furthermore, the warden and deacon of Kilwinning shall have authority to convene the wardens within theindicated jurisdiction, when anything of importance is to be done, such meetings to be held at Kilwinning or any other place in the western part of Scotland included in the described bounds, as the warden and deacon of Kilwinning may appoint. (4) The warden of each and every lodge shall he answerable to the presbyters of the sheriffdom for alloffences committed by masons subject to these lodges. One third of all fines imposed for offences shall beapplied to charitable[godlie]uses. (5) The wardens together with the oldest masters, up to the number of six, of every lodge shall hold anannual investigation of offences committed and try all offenders to the end that proper punishment may bemeted out conformably to equity and justice and good conscience, according to traditional procedure. (6) The warden of Kilwinning shall appoint six worthy and perfect masons, well known to the craft assuch, to inquire into the qualifications of all the masons within the district, as regards their skill andknowledge of the trade and their familiarity with the old traditions, to the end that the warden [and] deacon may be answerable thereafter for all such persons within his district and jurisdiction. (7)Authority is given to the warden [and] deacon of Kilwinning to exclude from the lodges of the district all persons who wilfully fail to live up to "all the acts and ancient statutes set down from time immemorial,"also all who are ."disobedient to their church, craft, council and other statutes and acts to be promulgatedhereafter for good order." (8) The warden and deacon, together with the masters of the district[quarter maisteries]shall elect a wellknown notary[constitut ane famous notar]as clerk and secretary[scryb]who shall make out and sign allindentures, discharges, and other writings whatsoever, pertaining to the craft, and no writ, title or otherevidence shall be admitted by the warden and deacon, except it shall have been executed by this clerk andsigned by him. (9) All the acts and statutes made by the predecessors of the masons of Kilwinning shall be observedfaithfully and kept by the craft in all time coming; 'prentices and craftsmen shall be admitted and enteredhereafter only in the Kirk of Kilwinning, as their parish and second lodge, and all entry-banquets of'prentices and fellows of craft shall be held in the lodge of Kilwinning. (10)Every fellow of craft, at his entry, shall pay to his lodge ten pounds to go for the banquet, and tenshillings for gloves; before admission he shall be examined by the warden [and] deacon and the districtmasters in the lodge as to his knowledge[memorie]and skill, and he also shall perform an assigned task todemonstrate his mastery of the art. (11)Every 'prentice, before he is admitted, shall pay six pounds to be applied to the common banquet. (12) The warden and deacon of the second lodge of Scotland, to wit Kilwinning, shall obligate by oath allmasters and fellows of craft within the district not to associate with cowans nor work with them, neither topermit this to be done by their servants or 'prentices. (13) The warden of the lodge of Kilwinning, being the second lodge of Scotland, once in each year, shallexamine every fellow craft and 'prentice, according to the vocation of each, as to his skill and knowledge;those who have forgotten any points they have been taught shall pay fines. SECOND SCHAW STATUTE OF 1599original manuscriptXXVIII Decembris, 1599. 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. 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. 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. 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. 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. 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. 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. 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. 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 ofkilwynning 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. 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. 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. 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. 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. 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 conunissionto the said warden and yrs abouevrtn 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. 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 ofthe 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. 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. WILLIAM SCHAW, Maistir of Wark, Wairden of ye Maisons. |
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