[1706/10/103]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
Report of the members to whom the advance made by Mr James Anderson in the work recommended to him by the parliament presented, and ordered to lie on the table to be seen.
[1706/10/104]*[print] [email] [cite] [preceding] [following]
Moved that the observations made by the council of trade in relation to the export and import of this nation, and balance of our trade, be laid before the committee to whom the sixth article of union is remitted, and the same was accordingly ordered. As also, the clerks of the said council of trade were ordered to transmit to the said committee all observations, papers and records relating thereto.
[1706/10/105]*[print] [email] [cite] [preceding] [following]
Then the lord chancellor acquainted the parliament that the secret council, at their last meeting, had under their consideration several accounts of irregular and tumultuary meetings by some people of the common and meanest degree in arms, and of abuses committed by them at Glasgow, stewartry of Kirkcudbright and Dumfries and several places of Lanarkshire, and that there were papers distributed inviting people to take up arms and to provide ammunition and provisions in order to their marching to disturb the parliament, all which he was directed by the right honourable the lords of her majesty's secret council to lay before the parliament to the effect proper methods might be resolved upon for preventing the evil consequences of such practices; and thereafter presented a letter from the magistrates of Dumfries to her majesty's advocate bearing an account of the abuses and tumultuary meeting in that place, with a declaration emitted by those who met which was affixed on the market cross of Dumfries, and both were read.
Whereupon a draft of a proclamation to be emitted by the parliament, against all tumultuary and irregular meetings and convocation of the lieges, was presented and read and, after some discourse thereupon, it being objected that it did not appear that there was a particular information of any tumultuary meetings or irregular convocations in any other part of the shire of Lanark than at Glasgow, her majesty's high commissioner was thereupon pleased to notify to the parliament that he had information not only from Glasgow and Dumfries but also from several places in Lanarkshire of tumultuary and irregular meetings of men under arms, and of their giving out and publishing their design of marching to disturb the parliament.
[1706/10/106]*[print] [email] [cite] [preceding] [following]
Thereafter the draft of the proclamation was again read and, after reasoning thereupon and some amendments, a vote was stated approve of the proclamation or not. And before voting, it was agreed that the members shall be marked as they vote and that the list of their names as they vote, pro or con, shall be printed and recorded and the lord chancellor allowed to have his name printed and recorded as an approver. And the proclamation as amended being again read over, the vote was put approve or not, and it carried approve.†
[1706/10/107]*[print] [email] [cite] [preceding] [following]
Approvers
Nos
[1706/10/108]*[print] [email] [cite] [preceding] [following]
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, pursuivants, macers and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constituted, greetings. Forasmuch as, albeit the raising of tumults and making convocation within burgh and the riotous and disorderly assembling and continuing in arms, thereby insulting the magistrates and hindering them in the execution of their office and hindering of the common law be contrary to sundry laws and acts of parliament, as well as destructive of the ends of government, and particularly to parliament 14th, chapter 78th, James II; James IV, parliament 3rd, chapter 34th, and James VI, parliament 18th, chapter 17th, as also the rising in arms, convocating our lieges in the open fields and marching in formed bodies armed through the country and entering into our royal burghs furnished with arms in fear of war, and entering into bonds, leagues and associations for prosecuting illegal and unwarrantable ends be, by several laws and acts of parliament, declared to be open and manifest treason, and the committers, abettors and assistants in such crimes and practices ought to be prosecuted and may be punished as traitors to her majesty and her government, and particularly by parliament 2nd, James I, chapter 37th; James II, parliament 6th, chapter 14th; James VI, parliament 12th, chapter 144th; and Charles II, parliament 1st, session 1st, chapter 4th, yet nevertheless, we and our estates of parliament are certainly informed that in several corners of the realm, and particularly in our burgh of Glasgow and other places within the sheriffdom of Lanark and in our burgh of Dumfries and other places adjacent, people have presumed in manifest contempt of the foresaid laws to assemble themselves in open defiance of our government and with manifest design to overturn the same by insulting the magistrates, attacking and assaulting the houses of our peaceable subjects, continuing openly in arms and marching in formed bodies through the country and into our burghs, and insolently burning, in the face of the sun and presence of the magistrates, the articles of treaty between our two kingdoms entered into by the authority of parliament, and even after the said articles had been presented to us and were under the consideration of us and our estates presently sitting in parliament and some progress made thereupon, and such crimes and insolencies, being in no way to be tolerated in any well governed nation, but on the contrary ought to be condignly punished conforming to the laws above-mentioned and other acts of parliament made thereupon, especially if persisted and continued in after our displeasure therewith shall be made known, therefore we, with advice and consent of the estates of parliament, peremptorily require and command all and every person who has assembled themselves in manner above-mentioned to lay down their said arms and disperse themselves and peaceably and quietly to retire and betake themselves to their several habitations and employments, and we, with advice foresaid, prohibit and discharge any assembling or convocating in arms in manner foresaid, under the pains contained in the acts of parliament above-mentioned, certifying all that shall be guilty, actors, abettors or assistants in convocating or assembling in arms, or those who shall convocate and commit these practices above-mentioned, shall be treated and pursued as open traitors and the pains of treason executed upon them accordingly. And in case any of our people shall dare to be so presumptuous after publication of the aforesaid to assemble or continue in arms, we hereby require and command the sheriffs of our several shires, stewarts of our stewartries, bailies of regalities and baronies, magistrates of burghs, and other officials of our law, officers of our forces and troops under their command, to pass upon, disperse and subdue the said convocations by open force, and all manner of violence, as enemies and open rebels to us and our government. And in case any slaughter, blood bruises or mutilation shall happen to be done and committed by our said sheriffs and officers of our forces and other magistrates foresaid, or persons under their command, we, with advice foresaid, do hereby fully remit, pardon and indemnify the same and discharge the prosecution thereof, civilly or criminally, in all time coming. Our will is here expressed, and we charge you that you pass to the market cross of Edinburgh, and market crosses of Dumfries, Lanark and Glasgow and other places needful, and there make publication hereof by open proclamation of the aforesaid that none pretend ignorance, and ordain these words to be printed and our solicitors to send copies hereof to the magistrates of the respective burghs above-mentioned for that effect.
[1706/10/109]*[print] [email] [cite] [preceding] [following]
Thereafter the draft of an act suspending the effect of that clause in the act of security for arming and exercising the fencible men passed in the second session of this current parliament, and that during this current session of parliament only, read and a first reading ordered to be marked thereon.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.