The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2025), date accessed: 15 February 2025
[1706/10/108]1
Proclamation
Proclamation against unlawful convocations
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.
- APS, xi, 343. Manuscript source not yet identified. Has some similarities to privy council proclamation of 4 October 1706 against tumults and rabbles but this has not been located in the privy council records.