Scottish Privy Council Records

Att Edinburgh the Sevinteinth day of Apryll one thousand sevine hundreth and fyve years

A1705/4/21¹

Proclamation

Proclamation Against Tumults

Proclamation against Tumults, mobs, and Rables being prepared, the Samen was Read, voted, approven and Signed, And ordained to be recorded, published and printed, wherof the tenor follows.
Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To […] Meacers of our Privie Councell, Messengers at armes our shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas Notwithstanding that the raising of Tumults be a most dangerous pernicious and unboundable practise contrary to the very beeing and constitution of Government, And destructive off the cheiff ends therof, The Safety and Securitie of mens lyves and fortouns, And that by severall acts of parliament such James 2d parliament 14. Caput 77. and James 4th parliament 3d Caput 34. It is Statute that ther be no Commotion nor rysing of commons in Burrows In hindering of the comon law, And that if any does in the contrary and knowledge or tent may be gotten therof Ther goods may be confiscat to the King, and ther lyves be at the Kings will; As also by the Act of parliament James 6th parliament 18th Caput ii. It is Statute that no person within burgh take upon hand under whatsomever pretext to convocat without the knowledge and Licence of the Magistrats wnder the pain to be punished in their body and goods with all rigour; As lykewayes that the haill Inhabitants of the said burgh readily assist and concurr with the Magistrats for Setleing and punishing the said tumults, wnder the pain of being repute fosterers, and mantainers of the saids tumults, Lykeas by the act of parliament Ja: 6th parl. 17. Caput 4th, It is Statute that whatsoever persone invades or persues any of his highness Session, Secret Councell, or any of his highness officers, It being verified and tryed that they wer persued and invaded for doeing of his highness Service Shall be punished to the death: Ther happened upon the Streets of Edinburgh on the Ellevinth instant the day appoynted for the execution of certaine Malefactors, and when our privie Councill wer mett and Sitting about our affairs a most disorderly and numerous Convocation and gathering of Comons, filling the Streets with clamour and pretending and threatning to overaw our Councill, to the great dishonour and prejudice of our Government; Lykeas when our Chancellor and certaine of our Lords of Councill with him, after having done our bussieness, wer goeing home in peaceable maner, They wer most Insolently and wickedly persued and invaded, and that for doeing our Service, by a villanous mobb; Therfor wee in the Just resentment of so high ane Indignitie, And to prevent the lyke in all tyme comeing, Have thought fitt with advyce of the Lords of our privie Councell, To Ordaine the Magistrats of Edinburgh to continue ther dilligence, And make Strict inquerie and Search And to cause apprehend all the authors, abetters, accessories and assistants of the forsaid tumult who invaded and persued our Chancellor and others, To the effect they may be brought to condigne punishment, Declairing that for that end, who ever Shall disover any of the saids authors or accessories of the said tumult, Shall not only be himselfe Indemnified, But have a due reward for so good Service, And particularly who Shall discover the person of William Davidsone Tayleor in Cannongat, who is informed to have first Stopt our Chancellors coach, Shall have besyds his Indemnity the Soume of Two hundreth punds Scots money of reward, and farder wee with advyce forsaid Ordaine the Magistrats of Edinburgh to Call all ther Deacons of Crafts and masters of their Incorporaitons, And all others ther householders and Inhabitants and obleidge them for the good behaviour of ther apprentices, servants and domesticks In Such maner as the laws and customs of the burgh doth allow, as also that they Call the regents and masters of the Colledge of Edinburgh, and injoyne them Strictly that for heirafter they keep ther Schollars in good order, and be carefull of ther quyet and peaceable behaviour, And wee ordaine all the Inhabitants of the said burgh readily to assist and concurr with the Magistrats for repressing and punishing all tumults wnder the forsaid pain of law; And farder for preventing the lyke wicked Insolence in tyme comeing wee with advyce forsaid doe heirby declaire That in case and whenever any Such disorders, Convocation or tumult Shall appear or beguin to appear for heirafter and that therupon Intimation Shall be made by the Magistrats to all and Sundrie to withdraw and retire to ther respective houses, Shops and Imployments whatever Apprentice, Servant, Journey-man, Footman or other Such persone Shall disobey and be found upon the Streets, Shall be repute and held as Fosterers and mantainers of the saids tumults, and punished accordingly, And tho at present wee doe bear with and excuse the Magistrats of Edinburgh Because of the Surpryzeing Suddentie and unexpected violence of the said tumult that happened as said is, Yet that all may know our high displeasure at and detestation of such disorders, and take warneing as they may be concerned, Wee farder with advyce forsaid declaire that if any such tumulls or disorders Shall happen for heirafter, wee may be therby necessitat to ordaine our high Court of parliament, privie Councill, Lords of the Session, Exchequer and Court of Justiciary, To remove themselves from the said burgh, To some other of our Royall Burrows, wher they may Sitt and officiat with greater Safety and Security, or at least if wee Shall be pleased to continue our saids² Courts in Edinburgh wee may be obleidged to bring in Sufficient Guards into the said citie to abyde and quarter therin for ther Security and Safe-guard; And these things wee ordaine to be Solemnly declaired and published that all may hear and fear, And that all Such wicked and villanous disorders may be for heirafter prevented, Our Will is Heirfore and wee charge yow Strictly and Command that incontinent thir our Letters Seen ye pass to the mercat cross of Edinburgh, and to the remanent mercat crosses of the head burghs of the Severall Shyres and Steuartries within this our antient kingdome, And therat in our name and authority by open proclamation make publict Intimation heirof that non may pretend ignorance; And ordains these presents to be printed and published. Given under our Signet at Edinburgh the Sevinteenth day of Apryll, and of our reigne the fourth year 1705. Sic Subscribitur Seafeild Cancellar Tweedale P. Rothes C.P.S. Southerland. Roxburgh S. Mar. Hadington. Loudon. James Steuart. George Baillie. F Montgomrie. Adam Cockburne.

At Edinburgh 17 April 1705

A1705/4/21¹

Proclamation

Proclamation against tumults

Proclamation against tumults, mobs, and rabbles being prepared, the same was read, voted, approved, and signed, and ordained to be recorded, published and printed, whereof the tenor follows:
Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally, specially constituted greeting. Forasmuch as notwithstanding that the raising of tumults [is] a most dangerous, pernicious, and unboundable practice contrary to the very being and constitution of government, and destructive off the chief ends thereof, the safety and security of men’s lives and fortunes, and that by several acts of parliament such James II parliament 14 caput 77 and James IV parliament 3rd caput 34 it is statute that there be no commotion nor rising of commons in burghs in hindering of the common law, and that if any does in the contrary and knowledge or tent may be gotten thereof, their goods may be confiscated to the king, and their lives be at the king’s will; as also by the act of parliament James VI, parliament 18th, Caput 11, it is statute that no person within burghs take upon hand under whatsoever pretext to gather without the knowledge and licence of the magistrates under the pain to be punished in their body and goods with all rigour; as likewise that the whole inhabitants of the said burgh readily assist and concur with the magistrates for settling and punishing the said tumults, under the pain of being repute fosterers and maintainers of the said tumults; likewise by the act of parliament James Vi parliament 17 Caput 4th, it is statute that whatsoever person invades or pursues any of his highness’s session, secret council, or any of his highness’s officers, it being verified and tried that they were pursued and invaded for doing of his highness’s service, shall be punished to the death. There happened upon the streets of Edinburgh on 11 instant, the day appointed for the execution of certain malefactors, and when our privy council was met and sitting about our affairs, a most disorderly and numerous convocation and gathering of commons, filling the streets with clamour and pretending and threatening to overawe our council, to the great dishonour and prejudice of our government. Likewise when our chancellor [James Ogilvie, earl of Seafield] and certain of our lords of council with him, after having done our business, were going home in peaceable manner, they were most insolently and wickedly pursued and invaded, and that for doing our service, by a villainous mob. Therefor we in the just resentment of so high an indignity, and to prevent the like in all time coming, have thought fit with advice of the lords of our privy council, to ordain the magistrates of Edinburgh to continue their diligence, and make strict inquiry and search, and to cause apprehend all the authors, abetters, accessories, and assistants of the foresaid tumult who invaded and pursued our chancellor and others, to the effect they may be brought to condign punishment. Declaring that for that end, who ever shall discover any of the said authors or accessories of the said tumult, shall not only be himself indemnified, but have a due reward for so good service. And particularly who shall discover the person of William Davidson, tailor in Canongate, who is informed to have first stopped our chancellor’s coach, shall have besides his indemnity the sum of £200 Scots money of reward. And further we with advice foresaid ordain the magistrates of Edinburgh to call all their deacons of crafts and masters of their incorporations, and all others their householders and inhabitants, and oblige them for the good behaviour of their apprentices, servants, and domestics in such manner as the laws and customs of the burgh do allow, as also that they call the regents and masters of the college of Edinburgh, and enjoin them strictly that for hereafter they keep their scholars in good order, and be careful of their quiet and peaceable behaviour. And we ordain all the inhabitants of the said burgh readily to assist and concur with the magistrates for repressing and punishing all tumults under the foresaid pain of law. And further for preventing the like wicked insolence in time coming, we with advice foresaid do hereby declare that in case and whenever any such disorders, convocation, or tumult shall appear or begin to appear for hereafter, and that thereupon intimation shall be made by the magistrates to all and sundry to withdraw and retire to their respective houses, shops, and employments, whatever apprentice, servant, journeyman, footman, or other such person shall disobey and be found upon the streets, shall be repute and held as fosterers and maintainers of the said tumults, and punished accordingly. And though at present we do bear with and excuse the magistrates of Edinburgh because of the surprising suddenness and unexpected violence of the said tumult that happened as said is, yet that all may know our high displeasure at and detestation of such disorders, and take warning as they may be concerned, we further with advice foresaid declare that if any such tumults or disorders shall happen for hereafter, we may be thereby necessitated to ordain our high court of parliament, privy council, lords of the session, exchequer and court of justiciary, to remove themselves from the said burgh, to some other of our royal burghs, where they may sit and officiate with greater safety and security, or at least if we shall be pleased to continue our said courts in Edinburgh, we may be obliged to bring in sufficient guards into the said city to abide and quarter therein for their security and safeguarding. And these things we ordain to be solemnly declared and published that all may hear and fear, and that all such wicked and villainous disorders may be for hereafter prevented. Our will is therefore and we charge you strictly and command that incontinent these our letters [are] seen you pass to the mercat cross of Edinburgh, and to the remnant mercat crosses of the head burghs of the several shires and stewartries within this our ancient kingdom, and thereat in our name and authority by open proclamation make public intimation hereof that none may pretend ignorance. And ordain these present to be printed and published. Given under our signet at Edinburgh 17 April, and of our reign the fourth year 1705. Sic Subscribitur Seafield chancellor, Tweeddale president, Rothes privy seal, Sutherland, Roxburghe secretary, Mar, Haddington, Loudon, James Stewart, George Baillie, Francis Montgomerie, Adam Cockburn.

1. NRS, PC1/53, 389-90.

2. Insertion.

1. NRS, PC1/53, 389-90.

2. Insertion.