[1641/8/114]*[print] [email] [cite] [preceding] [following]
Prayer said and rolls called.
The king being present.
Forasmuch as the king's majesty and estates of parliament, having taken to their serious consideration the necessity of setting down some solid course for preventing any prejudice that may arise by the confluence of people to the town of Edinburgh and by their frequent repair upon the streets, and that all proceeding may be peaceable and regular, his majesty and estates of parliament, for the better effectuating hereof, have statute and ordained, and hereby statute and ordain, that all those in Edinburgh, Canongate, Leith and suburbs (within the town of Edinburgh's jurisdiction) who have any persons lodged within their house or in chambers or rooms set by them shall give up in roll the names of all those so lodged, either within their houses or in several chambers and rooms as said is, with their designations to whom they belong and upon whom they depend, to the provost and bailies of Edinburgh, that thereby both the numbers and the occasion of their being in town may be known; which rolls of all those persons who are lodged within the jurisdiction of Edinburgh ordain the magistrates of Edinburgh to deliver to [Alexander Leslie, earl of Leven], lord general, within 12 hours after the proclamation and publication hereof, and accordingly as any of those persons so lodged shall change their lodging, ordain the rolls to be renewed to the magistrates and given up to them and delivered by them every 24 hours to the lord general, that the intention of the ordinance above-written be not frustrated by the change of lodgings. As also ordain all those in the Potterrow and Westport, whereof the lairds of Inverleith are superiors, and those of the other suburbs and other parts near adjoining to the town and not within the town's jurisdiction likewise to give up a list and roll of all persons lodged within their house, chambers and rooms to the lord general, his excellency, and ordain the magistrates of Edinburgh and other superiors foresaid to see the same put in execution within their jurisdictions respectively. And declare that those who fails to give up the said rolls after proclamation and publication hereof within the space and in manner foresaid shall forfeit their freedoms and liberties, and shall pay for each failure £100 to their magistrates, and be further punished in their persons as the parliament shall think fit. And also our sovereign lord and estates of parliament statute and ordain that there be strong guards kept by the town of Edinburgh both for night and day, of such numbers and at such places as the magistrates of Edinburgh by the advice and appointment of the lord general shall think fit, and that the guards be not injured, resisted nor forced by no person of whatsoever quality, under the pain of death to the resisters and enforcers, and the injurers of the guards to be punished by the lord general, his excellency, according to the demerit of the delinquent and quality of the fact. And our sovereign lord and estates of parliament declare that what shall be done by their guards in performance of their duties against any persons, the time of their resisting or forcing of the said guards, shall infer no hazard nor peril of law against those of the guard, actors thereof; as also declare that the placing and ordering foresaid of those guards shall be without prejudice of the constable, marischal, town of Edinburgh or any other parties, their rights and liberties which shall remain unimpaired hereby. And also the king's majesty and estates of parliament ordain that those regiments which are as yet undisbanded shall be drawn near towards Edinburgh to the effect the same may be with the greater conveniency mustered and monies provided for their pay that thereafter they may be licensed, and in the meantime ordain those regiments to be quartered in such manner and in such places near about the town of Edinburgh as the lord general shall think fit and expedient. And in like manner, the king's majesty and estates of parliament statute and ordain that no man of whatsoever quality keep with him any more than his own domestic servants, and that all persons who has not necessary attendance at this present parliament repair to their several house and dwellings; as also that all persons of whatsoever quality who either have already brought their friends, followers and dependents to Edinburgh or any parts adjoining thereto, that they presently dismiss them back to their own house, and those that have given orders to their friends, followers or dependents to repair here to Edinburgh that they immediately discharge their incoming. And because there be sundry gentlemen who have necessary business in parliament and will apply themselves to attend some noblemen in whom they may have interest, therefore the king's majesty and estates ordain that those gentlemen themselves or the noblemen to whom they have relation shall give up their names to the lord general presently after the proclamation and publication hereof, that they may stay by his excellency's approbation. And further, the king's majesty and estates of parliament ordain that notice be presently taken of the whole officers and soldiers and what of them have received pay and who wants, and ordain those who have received pay to retire of the town, unless the lord general shall tolerate their stay upon their necessary business in town represented and known to his excellency, and for such as yet wants their pay appoints course to be taken for the same. Likewise also his majesty and estates of parliament ordain the number of 40 or 50 horsemen to be levied and paid upon the public charge for attending the lord general's orders for the good and peace of the kingdom, which whole particular articles above-mentioned, the king's majesty and estates of parliament statute, ordain and command to be observed and obeyed by all the lieges in manner and under the pains respectively before prescribed and commits the execution of the same whole articles to the lord general, whom they ordain to see the same obeyed and put in execution. And lastly, the king's majesty and estates of parliament ordain proclamations to be made with all diligence at all the head burghs of every shire discharging all convocation of his majesty's lieges within any part of this kingdom upon whatsoever pretext, under the pains contained in the acts of parliament; and to the effect that the whole premises above-mentioned may be the better known to all the lieges, and that none pretend ignorance thereof, the king's majesty and estates of parliament ordain public proclamation to be made hereof at the market cross of Edinburgh by sound of trumpet by the lyon himself or his brethren, the heralds, with the coats of arms upon them; and also ordains this act to be printed, that thereby all persons may have the better occasion to inform themselves of the same, and give obedience thereto; concerning which, and regarding the whole premises above-mentioned, this act is and shall be a sufficient warrant. Subscribed by [John Elphinstone, lord Balmerino], president of the parliament, at command of the king's majesty and the estates of parliament.