Decreet, 14 March 1693 (pm), Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years

A1693/3/601

Decreet

Certificatione and Decreit There majesties Advocat against persones guilty of the Late tumult

Anent the Lybell persewed befor the Lords of there majesties privie Councill at the instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwritten makeing mentione That where by the Lawes of this and all other well governed nationes all tumults uproares unLawfull convocationes and violent assaulting or opposing of magistrates and there guairds are made and done within the cheiff city of any Kingdome and on the high street thereof and under cloud of night And with all unlawfull convocationes Speciallie when the same are attended with, and the cause of the beatting wounding and Killing of particular persones are prohibited and discharged under all highest paines And specially that by the act of parliament King James the Second parliament fourteinth Caput seventy seven It is statute That within burrows throughout the realme no commotion or raising of Comons be made in hyndering of the comon Law But at the Comandment of there heid officer And give any daes on the Contrary There goods that are found guilty therein2 be confiscate to the King and there Lyves at the Kings will And by the act King James fourth parliament third Cap: thretty Four It is ordained that within all burroughes throughout the realme no convocatione or raising of Comons be made in the maner and under the paines mentioend in the former act And the act King James Fourth parliament sixth Cap: Eighty seven It is ordained That no neighbours Craftsmen Gentlemen burgesses nor Induellers in the burgh usurp againest the authority of the Kings officers chosen in the burgh under the paines Contained in the Lawes and statutes of the burgh And by the act King James sixth parliament eighteenth Cap: seventeinth The forsaids acts and all3 others befor made for staying of tummults and unlawfull meetings and conventiones within burgh are ratifyed and approven And are ordained to be put in executione with this additione That no persone nor persones within burgh of whatsomever rank quality or condition presume or take upon them under whatsomever colour or pretext to convocat or assemble themselves together at any occasion without due Intimatione made to and Licence obtained from the proveist and Bailzies of that burgh And that nothing be done or attempted by them in there said meetings which may tend to the derogatione or violatione of the acts of parliament and Lawes made forthe well and quyet of the said burgh Declareing the said unlawfull meetings and the persones present thereat to be factious and seditious and the saids persones to be punished in there body and goods with all rigor Conforme to the Lawes of this Realme As also by the act Queen Mary parliament nynth Cap: Eighty three It is statute That none make privie Conventiones putt on armour display bainers sound trumpet or talburne within burgh without the Queen and the Magistrats Licence under the pain of death which act is again ratifyed by the forsaid act King James sixth parliament Eighteinth Cap: seventeenth and Lastly by the act King Charles the second parliament first Cap: fyfth It is declared to be high treasone to the Subjects of this Kingdome or any Number of them more or Less upon any ground or pretext whatsomever to Continow in armes or to mantain any strength or garisone without the Kings speciall authority and approbatione Craved and obtained thereto Nevertheless It is of verity that Andrew Edisone now prisoner in the tolbooth of Edinburgh William Sibbald flesher in Edinburgh John Andersone Cook also prisoner in the said tolbooth […] Robiesone Blackamore servant to the Laird of Prestoungrainge John Mathisone taylor in Edinburgh […] Luckiesone servitor to John Young baxter in Edinburgh […] servitor to Robert Hill baxter […] servitor to Mrs Mitchell stabler in the Cowgate and John Douglas prisoners in the tolbooth of Edinburgh all and every one of them did upon the second and third dayes of March instant presume to Conveene convocat and ryse in a tumult and also ryse and continow in armes in the citie of Edinburgh and the Canongate and Suburbs thereof without the Licence of and contrarie to the Magistrates of the said burgh And after ane uproar and tumult raised in the streets and the beatting and wounding of severall persones therein did resist and assault doe manifest violence to the guairds and guaird house of the said burgh by throwing of stones drawing of swords and useing the same and other offensive and Invasive weapones pulling doun the roof of the said guaird house entering the Same by violence Seizing all the armes within the same and beatting and turning out the guairds And the takeing of armes and appoynting of Centinells and standing Centinells and beatting of drums and beatting of taptow and dian as if they hade been the Lawfull guairds of the said burgh off the which deeds all or one of other of them The saids persones or one or other of them are guilty or at least airt and pairt And particularly The said Andrew Edisone wes Captain of the main guaird usurped and keeped by him and his associats as said is And refused to delyver up the guaird to the Constables and there men And William Sibbald flesher assualted the said guaird And came in at the roof of the guaird house with a great tree in his hand and demanded the prisoners taken y the magistrates and toun guairds to be sett at Liberty and the said […] Robertsone Blackamore servitor to the Laird of Prestonegrainge wounded with a small sword James Gilchrist souldier while he wes standing centinell at the said guaird door And […] servitor to Robert Hill baxter betuixt fyve and six on Frydday morning being the third day of the said moneth of march did goe throw the streetts beatting a drume with a baxter goeing befor him and aneother behind both of them bearing muskets taken from the said guaird and […] servitor to Mistres Mitchell stabler in the Cowgate did throw off his coat and tookup stones and threw at the guaird and rune violently againest the people there gathered together And the said John Douglas did throw a stone at Ensigne Hart Ensigne of the said guaird and hurt him on the face therewith off all which deeds generally and particularly above Lybelled or ane or other of them The forsaids or ane or other of them being found guilty or airt and pairt of the same They ought and should be most severly punished in there persones and goods to the terror of others to doe the Lyke in tyme comeing And Anent the Charge Given to the saids persones above compleaned upon To have Compeared befor the saids Lords of privie Councill the nynth day of march instant To have ansuered to the grounds of the above complaint and to hear and see such order and course taken thereanent as appertaines under the paine of rebellione and putting of them to the horne with certificatione to them If they failzie They shall be denunced And there majestyes other Letters direct for that effect As the said4 Lybell and executiones thereof at more Length proports Which being Called In presence of the saids Letters upon the nynth day of March instant And there majestyes advocat Compearing personally And Andrew Edisone John Mathiesone William Sibbald James Andersone Pass Sungall alias Robertsone and John Douglas fyve of the defenders Compearing also personally And the said […] Luckiesone aneother of the saids defenders being absent And not Compearing The saids Lords Granted certification againest the said […] Luckiesone In respect of his absence and not Compearance And ordaines Letters of denunciatione to be direct to messengers Comanding them to pass to the mercat croce of […] and other places needfull And there in there majesties name and authority To duely Lawfully and orderly denunce the said […] Luckisone there Majesties rebell and put him to the horne And escheit and Inbring all his moveable goods and gear to there majesties use for there contemption and dissobedience And remitted to a Comittee to examine the witnesses againest the defenders above named compearing in maner forsaid And the said Lybell with the depositiones of the witnesses taken by the Comittee being this day considered be the saids Lords They Find the Lybell not proven againest the above John Douglas And therefore have assolzied And hereby Assoilzies him And appoints him to be set at Liberty furth of the tolbooth of Edinburgh where he is now prisoner And Remitts the above Andrew Ediesone John Mathiesone Passungall alias Robertsone blackamore and James Anderson to be persued criminally befor the Lords Justice Generall Justice Clerk and Commissioners of Justiciary And recomends to Sir James Stewart there majestyes advocat to intent and prosecut a process befor the saids Lords againest the saids persones with the first Conveniencie.

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years

A1693/3/601

Decreet

Certificatione and Decreit There majesties Advocat against persones guilty of the Late tumult

Anent the Lybell persewed befor the Lords of there majesties privie Councill at the instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwritten makeing mentione That where by the Lawes of this and all other well governed nationes all tumults uproares unLawfull convocationes and violent assaulting or opposing of magistrates and there guairds are made and done within the cheiff city of any Kingdome and on the high street thereof and under cloud of night And with all unlawfull convocationes Speciallie when the same are attended with, and the cause of the beatting wounding and Killing of particular persones are prohibited and discharged under all highest paines And specially that by the act of parliament King James the Second parliament fourteinth Caput seventy seven It is statute That within burrows throughout the realme no commotion or raising of Comons be made in hyndering of the comon Law But at the Comandment of there heid officer And give any daes on the Contrary There goods that are found guilty therein2 be confiscate to the King and there Lyves at the Kings will And by the act King James fourth parliament third Cap: thretty Four It is ordained that within all burroughes throughout the realme no convocatione or raising of Comons be made in the maner and under the paines mentioend in the former act And the act King James Fourth parliament sixth Cap: Eighty seven It is ordained That no neighbours Craftsmen Gentlemen burgesses nor Induellers in the burgh usurp againest the authority of the Kings officers chosen in the burgh under the paines Contained in the Lawes and statutes of the burgh And by the act King James sixth parliament eighteenth Cap: seventeinth The forsaids acts and all3 others befor made for staying of tummults and unlawfull meetings and conventiones within burgh are ratifyed and approven And are ordained to be put in executione with this additione That no persone nor persones within burgh of whatsomever rank quality or condition presume or take upon them under whatsomever colour or pretext to convocat or assemble themselves together at any occasion without due Intimatione made to and Licence obtained from the proveist and Bailzies of that burgh And that nothing be done or attempted by them in there said meetings which may tend to the derogatione or violatione of the acts of parliament and Lawes made forthe well and quyet of the said burgh Declareing the said unlawfull meetings and the persones present thereat to be factious and seditious and the saids persones to be punished in there body and goods with all rigor Conforme to the Lawes of this Realme As also by the act Queen Mary parliament nynth Cap: Eighty three It is statute That none make privie Conventiones putt on armour display bainers sound trumpet or talburne within burgh without the Queen and the Magistrats Licence under the pain of death which act is again ratifyed by the forsaid act King James sixth parliament Eighteinth Cap: seventeenth and Lastly by the act King Charles the second parliament first Cap: fyfth It is declared to be high treasone to the Subjects of this Kingdome or any Number of them more or Less upon any ground or pretext whatsomever to Continow in armes or to mantain any strength or garisone without the Kings speciall authority and approbatione Craved and obtained thereto Nevertheless It is of verity that Andrew Edisone now prisoner in the tolbooth of Edinburgh William Sibbald flesher in Edinburgh John Andersone Cook also prisoner in the said tolbooth […] Robiesone Blackamore servant to the Laird of Prestoungrainge John Mathisone taylor in Edinburgh […] Luckiesone servitor to John Young baxter in Edinburgh […] servitor to Robert Hill baxter […] servitor to Mrs Mitchell stabler in the Cowgate and John Douglas prisoners in the tolbooth of Edinburgh all and every one of them did upon the second and third dayes of March instant presume to Conveene convocat and ryse in a tumult and also ryse and continow in armes in the citie of Edinburgh and the Canongate and Suburbs thereof without the Licence of and contrarie to the Magistrates of the said burgh And after ane uproar and tumult raised in the streets and the beatting and wounding of severall persones therein did resist and assault doe manifest violence to the guairds and guaird house of the said burgh by throwing of stones drawing of swords and useing the same and other offensive and Invasive weapones pulling doun the roof of the said guaird house entering the Same by violence Seizing all the armes within the same and beatting and turning out the guairds And the takeing of armes and appoynting of Centinells and standing Centinells and beatting of drums and beatting of taptow and dian as if they hade been the Lawfull guairds of the said burgh off the which deeds all or one of other of them The saids persones or one or other of them are guilty or at least airt and pairt And particularly The said Andrew Edisone wes Captain of the main guaird usurped and keeped by him and his associats as said is And refused to delyver up the guaird to the Constables and there men And William Sibbald flesher assualted the said guaird And came in at the roof of the guaird house with a great tree in his hand and demanded the prisoners taken y the magistrates and toun guairds to be sett at Liberty and the said […] Robertsone Blackamore servitor to the Laird of Prestonegrainge wounded with a small sword James Gilchrist souldier while he wes standing centinell at the said guaird door And […] servitor to Robert Hill baxter betuixt fyve and six on Frydday morning being the third day of the said moneth of march did goe throw the streetts beatting a drume with a baxter goeing befor him and aneother behind both of them bearing muskets taken from the said guaird and […] servitor to Mistres Mitchell stabler in the Cowgate did throw off his coat and tookup stones and threw at the guaird and rune violently againest the people there gathered together And the said John Douglas did throw a stone at Ensigne Hart Ensigne of the said guaird and hurt him on the face therewith off all which deeds generally and particularly above Lybelled or ane or other of them The forsaids or ane or other of them being found guilty or airt and pairt of the same They ought and should be most severly punished in there persones and goods to the terror of others to doe the Lyke in tyme comeing And Anent the Charge Given to the saids persones above compleaned upon To have Compeared befor the saids Lords of privie Councill the nynth day of march instant To have ansuered to the grounds of the above complaint and to hear and see such order and course taken thereanent as appertaines under the paine of rebellione and putting of them to the horne with certificatione to them If they failzie They shall be denunced And there majestyes other Letters direct for that effect As the said4 Lybell and executiones thereof at more Length proports Which being Called In presence of the saids Letters upon the nynth day of March instant And there majestyes advocat Compearing personally And Andrew Edisone John Mathiesone William Sibbald James Andersone Pass Sungall alias Robertsone and John Douglas fyve of the defenders Compearing also personally And the said […] Luckiesone aneother of the saids defenders being absent And not Compearing The saids Lords Granted certification againest the said […] Luckiesone In respect of his absence and not Compearance And ordaines Letters of denunciatione to be direct to messengers Comanding them to pass to the mercat croce of […] and other places needfull And there in there majesties name and authority To duely Lawfully and orderly denunce the said […] Luckisone there Majesties rebell and put him to the horne And escheit and Inbring all his moveable goods and gear to there majesties use for there contemption and dissobedience And remitted to a Comittee to examine the witnesses againest the defenders above named compearing in maner forsaid And the said Lybell with the depositiones of the witnesses taken by the Comittee being this day considered be the saids Lords They Find the Lybell not proven againest the above John Douglas And therefore have assolzied And hereby Assoilzies him And appoints him to be set at Liberty furth of the tolbooth of Edinburgh where he is now prisoner And Remitts the above Andrew Ediesone John Mathiesone Passungall alias Robertsone blackamore and James Anderson to be persued criminally befor the Lords Justice Generall Justice Clerk and Commissioners of Justiciary And recomends to Sir James Stewart there majestyes advocat to intent and prosecut a process befor the saids Lords againest the saids persones with the first Conveniencie.

1. PC1/48, 642-5.

2. This word has been inserted above the line.

3. This word has been inserted above the line.

4. The word ‘petitione’ scored out here.

1. PC1/48, 642-5.

2. This word has been inserted above the line.

3. This word has been inserted above the line.

4. The word ‘petitione’ scored out here.