[1593/4/54]¹

²Act in favour of the town of Edinburgh concerning tumults

Forasmuch as the oversight and negligence of the civil magistrates and judges ordinary within this realm in putting of decreets to execution, punishing of malefactors and rebels and otherwise using of their offices as becomes, partly for regard and fear of strong parties and hazard of their own lives, and partly through want of sufficient preparation for that effect, is the original and principal cause through which the great confusion and disorder of this land in all estates proceeds; and seeing the burgh of Edinburgh is the chief place wherein greatest confluence of people is, as well as of the nobility and gentlemen as of others resorting thereto, therefore and that the said provost and bailies thereof are daily charged by virtue of their offices, either at command of letters passed by deliverance of the lords of secret council and session, or by private and particular warrants out of the king's majesty's own mouth, by missive letters or otherwise, to take and apprehend persons of all estates who have contravened his majesty's laws, and to incarcerate, keep and hold them in sure ward until justice be administered upon them according to the law, under the pains of treason, rebellion and putting of the said provost and bailies to the horn and other likewise great pains, for eschewing the dangers whereof that are constant with such readiness and promptitude of obedience as becomes by themselves in proper person, their officers and others in their names, to search, seek and take and apprehend the said rebels and to incarcerate them as said is, nevertheless, such is the malice and insolence of all men for the most part, as well as of certain inhabitants within the said burgh as of others, that either of them, associating themselves with others, regards not to make insurrection against the said provost and bailies and his highness's authority and have done their utmost power to prevent their execution of their offices, therefore, and in respect of the frequent assemblies of the nobility and others his majesty's lieges within the said burgh to parliaments, justice courts, councils and other conventions, whereby it pleases his majesty, for eschewing of great troubles and diverse inconveniences which may occur by occasion of deadly feuds between great parties, to command the said provost and bailies in their own person to guard within the said burgh night and day as occasion requires to their great travails and expenses and pains, beside that diverse honest persons, inhabitants of the said burgh, have been slain, mutilated and hurt in the said service, necessary and expedient it is that some good and substantial remedy be provided for redressing the confusion and disorder above-written to the glory of God, the establishing of peace and quietness within this realm and keeping of the inhabitants thereof under his highness's obedience, therefore the king's majesty and estates of this present parliament, having consideration of the premises with the good, true and faithful service done by them to his majesty in all times bygone, statute and ordain that no person nor persons of what state or degree that ever they be of presume or take upon hand to disobey or contravene the commandment and charge of the said provost and bailies of Edinburgh present and to come in the execution of their offices, when as they proceed immediately by command and direction of his highness, by virtue of letters, by deliverance of the lords of secret council, session or by statute and ordinance of the council of the said burgh or by their own authority and power, agreeing always with their own liberties and privileges and not prejudicing the liberties and privileges of others; and that no person nor persons attempt nor do any violence to them or their officers in their name in the execution of their said offices; certifying them and each one of them that does the same, they shall be repute and held as committers of deforcement, seditious persons and perturbers of the commonwealth of this realm, and be punished thereof in their persons and goods with all rigour in example of others according to the laws of this realm. In addition, his highness and estates foresaid, for the better performing of the premises and defence of the kirk of God within this land now in these perilous days, by the tenor hereof, give, grant and commit to the said provost and bailies and their successors free liberty, full power and authority to convoke and assemble themselves in armour and to lift and raise men of war for daily, weekly and monthly wages and to bear and use hackbuts and other armour whatsoever at all times when they shall think expedient, for the which no crime nor offence shall be imputed to them nor their successors nor shall not be called nor troubled in their persons or goods civilly nor criminally thereof in any time coming, notwithstanding of any proclamation made in the contrary and all pains contained therein; providing always that the occasion thereof be first signified to the king's majesty, to the effect that the same may be done with his majesty's knowledge and allowance. And if it shall happen any person or persons of whatsoever degree they be of or others being in company with them to be slain, mutilated or hurt resisting, withstanding and preventing of the said provost and bailies present and to come in the execution of their said offices in manner foresaid; and also if it shall happen any person or persons to be hurt, slain or mutilated in separating and putting sundry parties meeting in arms within the said burgh of Edinburgh, they always separating the said parties with long weapons only and not by shooting of hackbuts and pistols at any of the parties, in that cases and either of them the said provost, bailies, council and community of the said burgh nor their successors nor no others being in company with them and assisting them in the execution of their said offices shall be in any way called, troubled, pursued or molested criminally nor civilly thereof in their persons or goods in any time thereafter, discharging therefore his highness's advocates, justices general, their deputes and clerks, colonels, sheriffs and all other officers and ministers of his majesty's laws present and to come of all calling, accusing, troubling, molesting, arresting, following and pursuing of them or any of them for the causes foresaid and of their offices in that part according to all equity and justice.