2Act in favour of the toun of Edinburgh concerning tumultis

Forsamekle as the oversicht and negligence of the civile magistratis and jugeis ordiner within this realme in putting of decreittis to executioun, punisching of malefactouris and rebellis and utherwayis using of thair offices as becumis, pairtlie for regard and feir of strang parties and hazard of thair awin lyves, and pairtlie throw want of sufficient preparatioun for that effect, is the originall and principall caus quhairfra the greit confusioun and disordour of this land in all estaitis proceidis; and seing the burgh of Edinburgh is the cheif place quhairin greitast confluence of people is, alsweill of the nobilitie and gentilmen as of utheris resorting thairto, thairfoir and that the said provest and ballies thairof ar daly chargit be vertew of thair offices, ather at command of lettrez past be deliverance of the lordis of secreit counsaill and sessioun, or be privat and particuler warrandis furth of the kingis majesties awin mouth, be missive lettrez or utherwayis, to tak and apprehend personis of all estaitis quha hes contravenit his majesties lawes, and to incarcerat, keip and hald thame in sure ward quhill justice be ministrat upoun thame as accordis of the law, under the panis of tressone, rebellioun and putting of the saidis provest and ballies to the horne and uther the lyk greit panis, for eschewing the dangeris quhairof that ar constranit with sic reddines and promptitude of obedience as becumis be thame selffis in propre persoun, thair officiaris and utheris in thair names, to serche, seik and tak and apprehend the saidis rebellis and to incarcerat thame as said is, nevirtheles, sic is the malice and insolence of all men for the maist pairt, alsweill of certane inhabitantis within the said burgh as of utheris, that ather of thame, associating thame selffis withutheris, regardis not to mak insurrectioun aganis the saidis provest and ballies and his hienes authoritie and hes done thair utter power to deforce thame in executioun of thair offices, quhairfoir, and in respect of the frequent assemblies of the nobilitie and utheris his majesties leigis within the said burgh to parliamentis, justice courtis, counsaillis and utheris conventionis, quhairby it pleises his majestie, for eschewingof greit trubles and dyvers inconvenientis quhilkis may occur be occasioun of deidlie feidis betuix greit parties, to command the saidis provest and ballies in thair awin persoun to gaird within the said burgh nicht and day as occasioun requiris to thair greit travellis and expenses and panis, beside that dyvers honest personis, inhabitantis of the said burgh, hes bene slayne, mutilat and hurt in the said service, necessair and expedient it is that sum guid and substantious remeid be providit for redressing the confusioun and disordour abonewrittin to the glorie of God, the establisching of peax and quietnes within this realme and keping of the inhabitantis thairof under his hienes obedience, thairfoir the kingis majestie and estaitis of this present parliament, having consideratioun of the premises with the guid, trew and faithfull service done be thame to his majestie in all tymes bygane, statutis and ordanis that na persoun nor personis of quhat state or degrie that evir thai be of presume or tak upoun hand to disobey or contravene the commandiment and charge of the saidis provest and ballies of Edinburgh present and to cum in the executioun of thair offices, quhen as thai proceid immediatlie be command and directioun of his hienes, be vertew of lettres, be deliverance of the lordis of secreit counsaill, sessioun or be statute and ordinance of the consaill of the said burgh or be thair awin authoritie and power, aggreand alwayis with thair awin liberties and privilegis and not prejugeand the liberties and privilegeis of utheris; and that na persoun nor personis attempt nor do ony violence to thame or thair officiaris in thair name in the executioun of thair saidis offices; certefeing thame and ilk ane of thame that dois the same, thay salbe repute and haldin as committaris of deforcement, seditious personis and perturbaris of the commoun weill of this realme, and be punist thairfoir in thair personis and guidis with all rigoure in example of utheris according to the lawes of this realme. Attour, his hienes and estatis foirsaidis, for the better performig of the premises and defence of the kirk of God within this land now in thir perrellous dayis, be the tennoure heirof, gevis, grantis and committis to the saidis provest and ballies and thair successouris frie libertie, full power and authoritie to convocat and assemble thame selffis in armour and to lift and rais men of weir for dalie, oulklie and monethlie wageis and to beir and use hagbuttis and uther armour quhatsumevir at all tymes quhen thai sall think expedient, for the quhilk na cryme nor offence salbe imput to thame nor thair successouris nor sall not be callit nor trublit in thair personis or guidis civilie nor criminallie thairfoir in ony tyme cuming, nochtwithstanding of ony proclamatioun maid in the contrair and all panis contenit thairintill; provyding alwayes that the occasioun thairof be first signifiet to the kingis majestie, to the effect that the same may be done of his majesties knawlege and allowance. And gif it salhappin ony persoun or personis of quhatsumevir degrie thai be off or utheris being in cumpanie with thame to be slayne, mutilat or hurt resisting, withstanding and deforceing of the saidis provest and ballies present and to cum in the executioun of thair saidis offices in maner foirsaid; and als gif it salhappin ony persoun or personis to be hurt, slayne or mutilat in redding and putting sindre perties meitand in armes within the said burgh of Edinburgh, thay alwayes redding the saidis perties with lang waypynnis allanerlie and not be schuitting of hagbuttis and pistolettis at ony of the parties, in that caces and ather of thame the saidis provest, ballies, counsaill and communitie of the said burgh nor thair successouris nor na utheris being in company withthame and assisting thame in the executioun of thair saidis offices salbe onywayis callit, trublit, persewit or molestit criminallie nor civilie thairfoir in thair personis or guidis in ony tyme thaireftir, dischargeing thairfoir his hienes advocattis, justices generall, thair depuittis and clerkis, colonellis, schireffis and all utheris officiaris and ministeris of his majesties lawes present and to cum off all calling, accusing, trubling, molesting, arreisting, following and persewing of thame or ony of thame for the causes foirsaidis and of thair offices in that pairt according to all equitie and justice.

  1. NAS, PA2/15, f.18r-18v.
  2. The letter 'V.' written in the margin.