Decreet, 10 May 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/101

Decreet

Decreit Her Majesties Advocat against Rablers

Anent the lybell or Letters of Complaint raised and perused befor the Lords of her Majesties Privie Councill at the instance of Sir James Stewart her Majesties Advocat and by Speciall warrand of the Lords of her Majesties privie Councill, Mentioning That wher by the laws of this and all other well governed Realms, The raising of Tumults is a most pernicious and unboundable violence contrary to all good Government, And the Safety and Security of mens lyves and fortouns, the principall ends therof, and therfor punishable in the severarest maner, Lykeas by the Act of parliament K. Ja. 2d parl. i4 Cap. 77. Ja. 4th parl. 3d. Cap. 34. and Ja. 6th parl. 18th Cap. i7th It is Statute that ther be no commotion nor rysing of Commons within burghs in hindering of the Common Law, And that if any does in the contrary, Their good Shall be confiscat to the King, and ther lyves be at the Kings will, and farther that no persone nor persons within burgh wnder whatsomever colour or pretext Convocat or assemble themselves together at any occasion, Except by the Licence of their Magistrats, And the persons transgressing to be punished in their bodyes goods and gear with all rigour; Lykeas by the act of parliament Ja. 6th parl. 16. Cap. 4th It is Statute that whatsomever persone in tyme comeing invades and persues any of his highness Session, Secrett Councill, or any of his highness officiars, It being verified and tryed that they wer persued and Invaded for doeing of his highness Service; Shall be punished to the death: Nevertheless it is of verity that ther being certaine Malefactors to be execute to the death upon the ellevinth of Apryll instant, And the Lords of our privie Councill being mett to give direction in that matter, ther was wpon the said day or ane or other of the dayes of the said moneth a most insolent Convocation made and Tumult raised in the high Street of Edinburgh by a mobb and Rable, who Shaking off all regaird to our authority and laws did invirone the Lords of our Councill when Sett in Councill pretending and threatning to overaw them, And when our Saids Lords had done our bussieness, And our Chancellor with Some of our Councill wer goeing home after having ordered the execution of the saids malefactors, The said Rable did tumultuously Stope and assault his Coach by Stoping the horses and throwing Stones at them and the Coach-man and att the Coach, wherby the Coachman was wounded to the effusion of his blood, and the Coach glasses brock, And our said Chancellor, and the said other Lords violently forced to quyte the Coach, and retire for ther Safety; Lykeas in prosecution of ther said violence and wicked designe, they Called to Shutt the Neatherbow port to Stop our Chancellors way, And actually demanded the keyes therof, and Shutt the said port on purpose to keep out guards in the Cannongat, and that they might more Securely execute ther designed mischiefe. In the which Tumultuous convocation, commotion and Rable James Knox Son to the deceist George Knox Stabler in Edinburgh, William Covintrie Cordiner in Mutriesiehill David Oliphant Servitor to Widow Blackie hatt-maker, William Halliday Wright, William Davidsone Tayleor in Cannongat, and William Mceven painter wer actors, airt and pairt by being present in the said rable, Stoping the said Coach, throwing Stones as said is, Shutting or indeavouring to Shutt the Neather-bow port, or by one or other of the saids actions or the lyke importing their concurrance in the said tumult and Rable; By all which they are actors, airt and pairt in the said wicked and villainous convocation and rable raised against the Lords of our privie Councell, and our Lord Chancellor, and our Royall authority, And highly aggreable by the circumstances abovelybelled, which being found proven, They ought to be punished by the Sentence of the Lords of our Councell in their persons and goods to the example and terror of others to committ the lyke in tyme comeing; And Anent the charge given to the Saids defenders To have Compeired personally befor the Saids Lords of our privie Councell at a certaine day bygone To have answered to the forsaid Complaint, And to have heard and Seen Such order and course taken theranent, as appertains, with certefication as in the saids Letters and Complaint and executions therof at more length is contained, The within Lybell at the instance of Sir James Steuart her Majesties Advocat against James Knox and other Rablers being upon the first day of May instant Called, And the persewers and defenders Compearing personallie at the barr, And the lybell being read and the parties heard at the barr, His Grace her Majesties high Commissioner, And the Lords of her Majesties Privie Councill Admitts the lybell to probation, And the wittnesses being called in, Made faith, The Councill Nominats and appoynts the Earls of Loudoun and Levine, Lords Ballhaven, Thesaurer deput and Justice Clerk, Mr Francis Montgomrie and the provest of Edinburgh To be a Committie to examine the wittnesses, And recommends to the said Committie to meet tomorrow morning at ten acloak, and declairs any three a Quorum, and to report; And reserves all objections against the wittnesses to be proponed befor the Committie and discussed by ther lordships, Lykeas the said persewer having adduced severall famous wittnesses befor the said Committie, They deponed, as their depositions extant in proces bears, And Sicklyke upon the eight day of May instant His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell having proceeded to advyse the above proces and the depositions of the wittnesses taken against William Davidsone and James Knox two of the defenders, against whom the persewer insisted primo Loco Being read and considered by their lordships, His Grace and the saids Lords have found and heirby Finds the forsaid Lybell Relivant and Sufficiently proven viz That ther was a violent and attrocious Rable against the Government wpon the day lybelled, and that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the streets the said day; And have found and heirby Finds it proven that the said William Davidson and James Knox wer guilty, actors, airt and pairt therin, And Recommends to the former Committie to meet to morrow at ten acloak and examine the wittnesses as to the rest of the defenders; and the said Committie having accordingly examined wittnesses as to the saids other defenders as ther depositions lykwayes extant in proces, His Grace her Majesties high Commissioner, and the Saids Lords of her Majesties Privie Councill having upon the day and date of thir presents Advysed the Said proces, And the depositions of the wittnesses taken against William Covintrie one of the defenders in the said proces being read and considered by his Grace and ther lordships, His Grace and the saids Lords of Privie Councill have Found and heirby Find it Sufficiently verified and proven that ther was a violent and attrocious Rable Against the Government upon the day lybelled, And that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the Streets the said day, And have found and heirby Finds it proven that the said William Covintrie was in the said Rable, And so farr accessory therto as to deserve the punishment aftermentioned, Therfore her Majesties high Commissioner and the saids Lords have appoynted, and ordained, and heirby Appoynts and Ordains the said William Covintrie to be disposed off to any officer of her Majesties forces in Holland And to be transported furth of this kingdome for Serveing her Majestie in Holland or elswher abroad, And in the mean tyme to ly in prison untill he be transported to Holland for that effect; And his Grace and the saids Lords have Banished and heirby Banishes the said William Covintrie furth of the kingdome of Scotland never to returne without her Majestie or the Councills order for that effect, And to enact himselfe to the effect forsaid.

Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/101

Decreet

Decreit Her Majesties Advocat against Rablers

Anent the lybell or Letters of Complaint raised and perused befor the Lords of her Majesties Privie Councill at the instance of Sir James Stewart her Majesties Advocat and by Speciall warrand of the Lords of her Majesties privie Councill, Mentioning That wher by the laws of this and all other well governed Realms, The raising of Tumults is a most pernicious and unboundable violence contrary to all good Government, And the Safety and Security of mens lyves and fortouns, the principall ends therof, and therfor punishable in the severarest maner, Lykeas by the Act of parliament K. Ja. 2d parl. i4 Cap. 77. Ja. 4th parl. 3d. Cap. 34. and Ja. 6th parl. 18th Cap. i7th It is Statute that ther be no commotion nor rysing of Commons within burghs in hindering of the Common Law, And that if any does in the contrary, Their good Shall be confiscat to the King, and ther lyves be at the Kings will, and farther that no persone nor persons within burgh wnder whatsomever colour or pretext Convocat or assemble themselves together at any occasion, Except by the Licence of their Magistrats, And the persons transgressing to be punished in their bodyes goods and gear with all rigour; Lykeas by the act of parliament Ja. 6th parl. 16. Cap. 4th It is Statute that whatsomever persone in tyme comeing invades and persues any of his highness Session, Secrett Councill, or any of his highness officiars, It being verified and tryed that they wer persued and Invaded for doeing of his highness Service; Shall be punished to the death: Nevertheless it is of verity that ther being certaine Malefactors to be execute to the death upon the ellevinth of Apryll instant, And the Lords of our privie Councill being mett to give direction in that matter, ther was wpon the said day or ane or other of the dayes of the said moneth a most insolent Convocation made and Tumult raised in the high Street of Edinburgh by a mobb and Rable, who Shaking off all regaird to our authority and laws did invirone the Lords of our Councill when Sett in Councill pretending and threatning to overaw them, And when our Saids Lords had done our bussieness, And our Chancellor with Some of our Councill wer goeing home after having ordered the execution of the saids malefactors, The said Rable did tumultuously Stope and assault his Coach by Stoping the horses and throwing Stones at them and the Coach-man and att the Coach, wherby the Coachman was wounded to the effusion of his blood, and the Coach glasses brock, And our said Chancellor, and the said other Lords violently forced to quyte the Coach, and retire for ther Safety; Lykeas in prosecution of ther said violence and wicked designe, they Called to Shutt the Neatherbow port to Stop our Chancellors way, And actually demanded the keyes therof, and Shutt the said port on purpose to keep out guards in the Cannongat, and that they might more Securely execute ther designed mischiefe. In the which Tumultuous convocation, commotion and Rable James Knox Son to the deceist George Knox Stabler in Edinburgh, William Covintrie Cordiner in Mutriesiehill David Oliphant Servitor to Widow Blackie hatt-maker, William Halliday Wright, William Davidsone Tayleor in Cannongat, and William Mceven painter wer actors, airt and pairt by being present in the said rable, Stoping the said Coach, throwing Stones as said is, Shutting or indeavouring to Shutt the Neather-bow port, or by one or other of the saids actions or the lyke importing their concurrance in the said tumult and Rable; By all which they are actors, airt and pairt in the said wicked and villainous convocation and rable raised against the Lords of our privie Councell, and our Lord Chancellor, and our Royall authority, And highly aggreable by the circumstances abovelybelled, which being found proven, They ought to be punished by the Sentence of the Lords of our Councell in their persons and goods to the example and terror of others to committ the lyke in tyme comeing; And Anent the charge given to the Saids defenders To have Compeired personally befor the Saids Lords of our privie Councell at a certaine day bygone To have answered to the forsaid Complaint, And to have heard and Seen Such order and course taken theranent, as appertains, with certefication as in the saids Letters and Complaint and executions therof at more length is contained, The within Lybell at the instance of Sir James Steuart her Majesties Advocat against James Knox and other Rablers being upon the first day of May instant Called, And the persewers and defenders Compearing personallie at the barr, And the lybell being read and the parties heard at the barr, His Grace her Majesties high Commissioner, And the Lords of her Majesties Privie Councill Admitts the lybell to probation, And the wittnesses being called in, Made faith, The Councill Nominats and appoynts the Earls of Loudoun and Levine, Lords Ballhaven, Thesaurer deput and Justice Clerk, Mr Francis Montgomrie and the provest of Edinburgh To be a Committie to examine the wittnesses, And recommends to the said Committie to meet tomorrow morning at ten acloak, and declairs any three a Quorum, and to report; And reserves all objections against the wittnesses to be proponed befor the Committie and discussed by ther lordships, Lykeas the said persewer having adduced severall famous wittnesses befor the said Committie, They deponed, as their depositions extant in proces bears, And Sicklyke upon the eight day of May instant His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell having proceeded to advyse the above proces and the depositions of the wittnesses taken against William Davidsone and James Knox two of the defenders, against whom the persewer insisted primo Loco Being read and considered by their lordships, His Grace and the saids Lords have found and heirby Finds the forsaid Lybell Relivant and Sufficiently proven viz That ther was a violent and attrocious Rable against the Government wpon the day lybelled, and that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the streets the said day; And have found and heirby Finds it proven that the said William Davidson and James Knox wer guilty, actors, airt and pairt therin, And Recommends to the former Committie to meet to morrow at ten acloak and examine the wittnesses as to the rest of the defenders; and the said Committie having accordingly examined wittnesses as to the saids other defenders as ther depositions lykwayes extant in proces, His Grace her Majesties high Commissioner, and the Saids Lords of her Majesties Privie Councill having upon the day and date of thir presents Advysed the Said proces, And the depositions of the wittnesses taken against William Covintrie one of the defenders in the said proces being read and considered by his Grace and ther lordships, His Grace and the saids Lords of Privie Councill have Found and heirby Find it Sufficiently verified and proven that ther was a violent and attrocious Rable Against the Government upon the day lybelled, And that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the Streets the said day, And have found and heirby Finds it proven that the said William Covintrie was in the said Rable, And so farr accessory therto as to deserve the punishment aftermentioned, Therfore her Majesties high Commissioner and the saids Lords have appoynted, and ordained, and heirby Appoynts and Ordains the said William Covintrie to be disposed off to any officer of her Majesties forces in Holland And to be transported furth of this kingdome for Serveing her Majestie in Holland or elswher abroad, And in the mean tyme to ly in prison untill he be transported to Holland for that effect; And his Grace and the saids Lords have Banished and heirby Banishes the said William Covintrie furth of the kingdome of Scotland never to returne without her Majestie or the Councills order for that effect, And to enact himselfe to the effect forsaid.

1. NRS, PC1/53, 401-3.

1. NRS, PC1/53, 401-3.