Att Edinburgh the Twentie fourth day of October Jaj vijc and Six years
A1706/10/10
A1706/10/10
Proclamation
Proclamation Against Tumults and Rables
Proclamation against Tumults and Rables Read, voted, approven, Signed, and ordered to be recorded, printed and published. wherof the tenor follows.
Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To our Lyon King att armes, and his brethren Heraulds, Meacers of our Privie Councell, pursevants, messengers att armes, our Shirreffs in that pairt Conjunctllie and Severallie Speciallie Constitut Greeting; Forasmuchas Notwithstanding that the raising of Tumults, be a most dangerous, pernitious and inboundable practise contrary to the very being and constitution of Government, And Destructive to the chieff ends therof, The Safety and Security of mens lyves and fortuns; And that by severall acts of parliament Such as James the Second, parliament fourteent Caput Sevintie Sevine, And James the fourth, parliament the third Caput threttie fourth, It is Statut that ther be no Commotion, nor ryseing of Commons within Burrows, In hindering of the Comon Law, And that if any does in the contrary, and knowledge and tent may be gotten therof, Ther goods be confiscat to the King, and ther lives be att the Kings will; As also by the Act of parliament James the 6th, parliament eighteenth Caput ellevinth, It is Statute that no persone within burgh take wpon hand, wnder whatsomever pretext, To Convocat without the knowledge and Licence of the Magistrats, under the paine to be punished in ther persone, and goods with all rigour, As lykwayes that the haill Inhabitants within the said burgh, readily assist and concurr with the Magistrats for Setleing and punishing the said tumults, Under the pain of being Fosterers and mantainers therof, Lykeas by the Act of parliament James the Sixth, parliament Sevinteinth Caput Fourth, It is Statute that whatsoever persone Invades or persues any of this highness Session, Secret Councell, or any of his highness officiars, It being verified and tryed that were persued, and Invaded for doeing of his highness Service, Shall be punished to the death: Ther hath happened within these few dayes, and particularly on the Twentie third instant, And near to the parliament house, And in the parliament Closs even the tyme of Sitting, And att the ryseing of the high and honorable Court of parliament, wher our high Commissioner was present among them, most disorderly and insolent Convocations and gathering of Comons filling the Streets with Clamor and confusion, And insulting not only peaceable persons, But also Some of the members of our said high and honorable Court of parliament presumeing to threatine and invade them in their very dwelling houses by a most villanous and outragious Mobb, which all persons of Justice, reasone and honour ought to detest, and indeavour to Suppress, and prevent in the Sevearest and Strictest maner, Therfor wee in the Just resentment of Such high Indignities, 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 their dilligence, and make Strict inquerie and Search, and to cause apprehend all the Authors abbettors, accessaries or assistants of the forsaids Convocations, Mobbs and tumults to the effect they may be brought to condigne punishment, Declairing for that end that whosoever Shall discover any of the saids authors, or accessaries of the saids tumults, Shall not only himselfe be Indemnified; But have a due reward for so good Service; And farder wee with advyce forsaid Ordaine the Magistrats of Edinburgh to Call all the Deacons of Crafts, and Masters of ther Incorporations, and all others ther house holders and Inhabitants, and obleidge them for the good behaviour of ther apprentices, servants and domesticks in Such maner as the laws and customes of the burgh does allow; As also that they Call the Regents and Masters of the Colledge of Edinburgh, and injoyne them Strictly that for heirafter they keep their Schoollars in good order, And be carefull of ther quyet and peaceable behaviour, And call ordaine all the Inhabitants of the said burgh, readily to assist and concurr with the Magistrats for repressing and punishing all tumults wnder the paine of law forsaid; And Farder for preventing the lyke wicked insolence in tyme comeing, Wee with advyce forsaid heirby declaire that in case and when ever any Such disorderly convocation or tumult Shall appear or beginn to appear for heirafter, And that therwpon 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 foot man, or any other persone Shall disobey and be found wpon the Streets, Shall be repute and held as Fosterers and mantainers of the said tumults and punished accordingly; And it is farder ordered that after Such Intimation made to all persons to retire to ther houses and clear the streets, whoever Shall be found therafter disobedient, and continue wpon the Streets, May be attacked and Seased by the town Guard within the Town of Edinburgh, and also by Such of our forces as wpon Such occasions have been or Shall be Called for, and ordered by our privie Councell to march in, and be assistant for the suppressing and disipating of Such wicked tumults and disorders, And that with all maner of force, and by all such means as Shall be necessary for that effect, And wee with advyce forsaid, Doe heirby declaire that if any Slaughter, mutilation, wounds, blood or bruises Shall happen to be committed by the forsaids Guards, or any of our forces that Shall be ordered for ther assistance, or by ther officers In obedience to these our orders In the Suppressing and disipating of the Saids tumults, and clearing the Streets therof, The actors and authors therof are heirby declaired to be Indemnified for ever, and wee discharge all pursuit, civill or Criminall to be intended against them on the forsaid account in all tyme comeing, As haveing acted and done nothing but what was ther duty and necessary for the protection of our good Subjects, and preserveing the peace of the place; And these things wee ordaine to the Solemnly declaired and published that all may hear and fear, And that Such wicked and villanous disorders may be for heirafter prevented; Our Will is Heirfore and wee charge yow Strictly and Command that in continent thir our Letters Seen ye pass to the mercat Cross of Edinburgh and other places needfull within this our antient Kingdome; And therat in our name and authority by open proclamation, Make publict Intimation heirof that non may pretend ignorance, Given under our Signet att Edinburgh the Twentie fourth day of October and of our reigne the Fyfth year Jaj vijc and Six. Sic Subscribitur Queensberrie Commissioner. Seafeild Cancellar. Montrose P. Argyll. Mar. Loudoun. Sutherland. Craufurd. Weemes. Glencairne. Dallhousie. Hadingtoun. Levine. Bellcarres. Forfar. Kintoire. Marchmount. Stair. Glasgow. Hoptoun. De Loraine. Mortoun. Archibald Campbell. Garnock. Polwarth. Carmichell. Rosse. Torphichen. Hew Dalrymple. Adam Cockburne. Robert Dundas. Gilbert Eliot. F Montgomrie. Harie Innes. Archibald Douglas. William Morieson. Alexander Grant. John Erskine. Sa: Mcclelland.
At Edinburgh 24 October 1706
A1706/10/10
Proclamation
Proclamation against tumults and rabbles
Proclamation against tumults and rabbles read, voted, approved, signed, and ordered to be recorded, printed and published. Wherof the tenor follows:
Anne by the grace of God queen of Great Britain, France and Ireland, defender of the faith, to our lyon king at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as notwithstanding that the raising of tumults be a most dangerous, pernicious and unboundable practice contrary to the very being and constitution of government and destructive to the chief ends thereof, the safety and security of men’s lives and fortunes; and that by several acts of parliament such as James II parliament 14th caput 77, and James IV parliament 3rd caput 34, it is statute that there be no commotion, nor rising of commons within burghs, in hindering of the common law, and that if any does in the contrary, and knowledge and notice may be gotten thereof, their goods 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 burgh take upon hand, under whatsoever pretext, to assemble without the knowledge and licence of the magistrates, under the pain to be punished in their person and goods with all rigour, as likewise that the whole inhabitants within the said burgh, readily assist and concur with the magistrate for settling and punishing the said tumults, under the pain of being fosterers and maintainers thereof; likewise by the act of parliament James VI, parliament 17th, caput 4, it is statute that whatsoever person invades or pursues any of this highness’ session, secret council, or any of his highness’ officials, it being verified and tried that were pursued and invaded for doing of his highness’ service, shall be punished to the death; there has happened within these few days, and particularly on 23 instant, and near to the parliament house, and in the Parliament Close even the time of sitting, and at the rising of the high and honourable court of parliament, where our high commissioner was present among them, most disorderly and insolent convocations and gathering of commons filling the streets with clamour and confusion, and insulting not only peaceable persons, but also some of the members of our said high and honourable court of parliament, presuming to threaten and invade them in their very dwelling houses by a most villainous and outrageous mob, which all persons of justice, reason, and honour ought to detest, and endeavour to suppress, and prevent in the severest and strictest manner. Therefore we in the just resentment of such high indignities, 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, abettors, accessories, or assistants of the foresaid gathering, mobs, and tumults to the effect they may be brought to condign punishment, declaring for that end that whosoever shall discover any of the said authors or accessories of the said tumults, shall not only himself be indemnified, but have a due reward for so good service. And further, we with advice foresaid ordain the magistrates of Edinburgh to call all the 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 call ordain all the inhabitants of the said burgh readily to assist and concur with the magistrates for repressing and punishing all tumults under the pain of law foresaid. And further for preventing the like wicked insolence in time coming, we with advice foresaid hereby declare that in case and whenever any such disorderly gathering 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 any other 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 it is further ordered that after such intimation made to all persons to retire to their houses and clear the streets, whoever shall be found thereafter disobedient, and continue upon the streets, may be attacked and seized by the town guard within the town of Edinburgh, and also by such of our forces as upon such occasions have been or shall be called for, and ordered by our privy council to march in, and be assistant for the suppressing and dissipating of such wicked tumults and disorders, and that with all manner of force, and by all such means as shall be necessary for that effect. And we with advice foresaid, do hereby declare that if any slaughter, mutilation, wounds, blood, or bruises shall happen to be committed by the foresaid guards, or any of our forces that shall be ordered for their assistance, or by their officers in obedience to these our orders in the suppressing and dissipating of the said tumults, and clearing the streets thereof, the actors and authors thereof are hereby declared to be indemnified forever, and we discharge all pursuit, civil or criminal, to be intended against them on the foresaid account in all time coming, as having acted and done nothing but what was their duty and necessary for the protection of our good subjects, and preserving the peace of the place. And these things we ordain to the solemnly declared and published that all may hear and fear, and that such wicked and villainous disorders may be for hereafter prevented. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and other places needful within this our ancient kingdom, and thereat in our name and authority by open proclamation make public intimation hereof that none may pretend ignorance. Given under our signet at Edinburgh 24 October and of our reign the fifth year 1706. Sic Subscribitur Queensberry commissioner; Seafield chancellor; Montrose president; Argyll; Mar; Loudoun; Sutherland; Crawford; Wemyss; Glencairn; Dalhousie; Haddington; Leven; Balcarres; Forfar; Kintore; Marchmont; Stair; Glasgow; Hoptoun; Delorain; Morton; Archibald Campbell; Garnock; Polwarth; Carmichael; Ross; Torphichen; Hew Dalrymple; Adam Cockburn; Robert Dundas; Gilbert Elliot; Francis Montgomrie; Harry Innes; Archibald Douglas; William Morrison; Alexander Grant; John Erskine; Samuel McClellan.
