such tumults and uproares chanceth to be, under the paine of death; and be the seventeenth act, aughteinth parliament off king James the Sixt, all and whatsomever acts made struck, for he had relations among them, and got their business done. "The rise of this appearance the students made, was this, as I am informed by one of them, now a reverend minister of this church. Several of them happened to be together in a tavern, where there was hanging a copper plate, representing the manner of burning the pope at London, which pleased them so, that in a very little they entered in a concert to do the same at Edinburgh. The matter came to take air, and Mr. George Ridpath, who had been very active in the project, was seized and put in prison the very day before the design was to be executed, and a severe search made for the effigies, but in vain. As we have seen, the scholars got their business done, but next day several gentlemen's sons were called before the council, and particularly examined whether any Presbyterian gentlemen, or ministers, did contrive, assist, or direct them in burning the pope; they all declared, they did not. The chancellor was civil and favourable to the young gentlemen. The bishops endeavoured to ensnare the scholars with questions about their conformity, and other captious heads; however, no advantage was got of them, and they were dismissed that day. "Only Mr. Ridpath then entering upon his philosophy, and a youth of promising genius, was very hardly treated. Sir William Paterson was rude to him, and, I am told, he was beat, and had his hair torn by the council servants; and either by the council, or their committee, he was banished his native country, for no other cause than his accession to this matter. be his majestie and his royall progenitors, and the estaits off the realme, for stayeing of tumults and unlawfull meetings and conventions within burgh, ar ratified and approvine and orthey reckoned, should have interposed in behalf of the students, since the town of Edinburgh are patrons to the college, and yet, it seems, he had been very virulent by his proclamations and otherwise against them: and in a few days the house of Priestfield was accordingly burnt; whereupon the council emit a proclamation, January 13, this year, offering two thousand merks and a remission, to any who would discover the actors: but I don't find any discovery was made; yea, some wanted not their jealousies, bis house was burnt with a view to bring an odium ou some people who had not the least share in the burning. "January 4. The masters of the college of Edinburgh present a petition to the council, declaring their abhorrence of the late tumultuary gathering of their scholars and others, Decem ber 25 last. The council remit it to the committe for public affairs, and so I can give the less distinct account of what was done. In the council-books I meet with what follows, January 6. The lords of privy council consider'ing, that bonds and combinations have been entered into by the students of the college, and several tumults raised thereupon in the city, and the government itself is defamed by them, ' ordain the magistrates of Edinburgh instantly to cause shut the college gates, and cause the classes be dissolved til further order, and ordain the said magistrates to appear before the council, that they may hear what they have to offer for the security of the city, and the king's peace therein.' "Upon the 21st of January, the council emit another proclamation concerning the students in the college, wherein they charge them with entring into bonds and combinations, obliging themselves to adhere one to another, in case of them should be called in question, which, they say, appeared from the confessions of the masters and some students: they complain likewise of their assembling, December "About the same time the same spirit was working at Glasgow, in a different manner. They only put ou favours, and coloured ribbons," and other marks of distinction, as, they said, tokens of their being protestants. For this, several of their leaders, and particularly the pre-sent marquis of Annandale, then a student there, were called before the masters and arch-25 last in a tumultuary way, (but not a word bishop. Annandale defended himself and his fellows, with briskness enough, and speaking to the bishop, called him only Sir. Mr. Nicolson his regent took him up, and said, William, you do not understand whom you speak to, he is a greater person than yourself. Annandale very quickly answered him, I know the king has been pleased to make him a spiritual lord, but I know likewise that the piper of Arbroth's son and my father's son are not to be compared; and added, he had the vanity to say, he had more noble blood in his veins, than all the fourteen put together. Nothing further could be made of this. “At Edinburgh, several of the students were imprisoned, besides Mr. Ridpath, which irritated the rest so far, that they threatened to burn the provost's house at Priestfield, who, VOL. XI. of burning of the pope) and associating themselves with prentices, and introducing a new way of tumultuating, by putting up blue ribbons as signs and cognizances; and that being justly threatned for these things, they made tumults in the streets, disquieted the nobility and gentry in the streets, and threatned the provost with burning his house, which in a few days was done. Whereupon the council by an act of this day's date, having ordered the college gates to be shut, till they take further trial thereanent, do now command all the students to retire fifteen miles from Edinburgh, within twenty four hours, and not to come within the said limits without leave of the council, under the pain of being treated as seditious persons.' "This matter ended in an Act of Counei 3T dained to be putt to executione against the contraveeners theroff in all poynts, with this aditione, that no persone or persons within burgh, off whatsomever rank, qualitie, or conditione, presume or take upon hand, under whatsomever collour or pretext to convocat or assemble themselves together at any occassione, except they make dew intimatione off the lawfull causs of ther meeting to the provist and baizlie off the brugh, and obtaine ther licence therto, and be the said act the saids unlawfull meetings, February 1, ordering all the students to take the oath of allegiance; and if the masters accept of any scholars otherwise, they are ipso facto to be deposed." COUNCIL'S ACT about the College of Edinburgh, February 1, 1681. and the persons present therat are declared to be factious and seditious, and ordained to be punished in ther bodies, goods and gear, with all rigour, conforme to the lawes of this realme. Lykas be the fyfth act, first session, first parliament king Charles the Second, it is declared, That it is and shall be high treasone to the subjects off this realme, or any number off them, more or less, upon any ground or pretext whatsomever to ryse in armes without bis majestie's speciall authoritie and approbatione combinations, or shall be accessory to any tomults or unlawful convocations, under the penalty of -in case of failie. Consenting thir presents be registrate in the books of privy council, that letters of horning on six days and others, may be direct bereupon, and constitutes my procurators, &c. And further, the said lords do ordain the prin cipal and regents of the said college, before they receive any of the students of the three upper classes, being the semi, batchelor, and magistrand classes, into their said respective classes, to see them take the oath of allegiance, in presence of the bishop of Edinburgh, which is not to hinder the taking of the said oath by such as shall receive degrees. And the said lords declare that in case the principal or regents shall re-enter any of the said stu dents, or receive others, without giving in the security, and taking the oath of allegiance, as aforesaid, then and in that case, the principal and regents shall, ipso facto, be deprived of their said offices and function in the said college, and their places ordained to be declared vacant, by the magistrates of Edinburgh, patrons of the college, and they allowed to appoint others to supply the same. And the said lords do ordain, that before the said students re-enter, or new students be received in the said college, such students first engage under their hands, before the bishop of Edin burgh, (when they take the oath of allegiance) that they shall keep the church, and wait upon divine worship, according to law, which the said principal and regents are hereby or "Forasmuch as there being a petition presented to his majesty's privy council, by the magistrates and council of Edinburgh, and principal masters, and regents of the college thereof, desiring, that upon the considerations therein contained, and upon the obligements offered by them, they might be allowed to make open classes, and receive the scholars, notwithstanding of the late act and proclamation of council: The lords of his majesty's privy council, upon consideration of the foresaid petition, and of a report made by a committee of their own number, in the said matter, do allow the magistrates of Edinburgh, principal, masters, and regents of the college thereof, to make open the said college, notwithstanding of the late act and proclamation; and do ordain the said magistrates, before re-entry of the students, or any other students to be entered for this year, to take their fathers, tutor, or friend cautioner for them, by bond, for their orderly and peaceable behaviour in time coming, and according to the bond, and under the penalties aftermentioned, viz. a nobleman's son, under the penalty of four thousand merks, a baron or chief gentleman, two thousand merks, a merchant or burgess's son, one thousand merks, the son of a tradesman, or person of other in-dered to see done, and not to receive into the ferior quality, five hundred merks Scots mo- said college, any such students entered or to ney; and that the said magistrates be answer- be entered, without doing of the same, under able for the sufficiency of the cautioner, and the certification aforesaid. And the said lords report an account of their diligence once do ordain and appoint that at the visitations of every month, until the ordinary time of the the other universities of the kingdom, the fore rising of the college. Follows the tenor of said rules for taking the oath of allegiance, the bond above mentioned. I bind and engagements to keep the church, be put and oblige me, my heirs and successors, as in execution in these respective universities, cautioner and surety, acted in the books of and that the principal masters, and regents privy council, for student in the thereof, return to to his majesty's privy coun cil, an account of what obedience has been given to their act, enjoyning the students to take the oath of allegiance at their laureation: And the said lords do discharge any of the rest of the universities, to receive any such students as have left or shall leave the college of Edinburgh, upon the account of their refusal of the engagements above written, as they will be answerable." college of Edinburgh, that the said first interponed therto, as in the saids lawes and did proceed to that hight off seditione and reacts off parliament at more length is contained. bellion, that his excellencie his majestie's geNeverthelesse it is off veritie, that the said nerall off his forces haveing apoynted the David Mowbray shacking off all fear off God, guairds off the citie to be assistant to the lord regaird and conscience off his duty, and al- provost and magistrates off the brugh, in dissileadgeance and respect to authoritie, has pateing and queting off the said tumult and presumed to violat and contraveen the saids uproar, and his exellencie being present himlaws and acts off parliament, and to committ self with severall others off his majestie's offithe foresaids bynous cryms therby prohibit, in cers, they did resist and withstand, and with sua farr as upon the last day off January 1686 stones did wound severall off his majestie's years, a most seditious and numerous commo- souldiours and other good subjects, continewed tione and ryseing off commons, and unlawfull their insolence and tumults, and advanced and convocatione, and a privie and tumultuous con- gathered together in severall other pairts off vention, assemblie, and uproar, was made and the cittie, invaiding and setteing upon his ma raised be severall persons within the Canno-jestie's subjects and souldiers and committing gaitte and his majestie citie off Edinburgh, all acts off furie and oppressione, untill they being the chieff toune ane brugh off his ancient were overpowered and dissipat by the magiskindome, and a place wher for a long tyme his trates forces; and in the said uproar, ther majestie and bis predicessors has been gracious-being severall prisoners taken and apprehendit, lie pleased that his authoritie should be emi- the magistrates of Edinburgh the nixt day nentlie represented in the high and supreame being the first day of February instant being judicatories off parliament, privie councill, ses- solemnlie mett in a court, and efter examinaLsione, justice court, addmirralitie and others, tion, haveing found that Robert Grieve servitor which doe ordinarlie sitt and ar keept ther to to widdow Annand, Baxter [Baker] in the the great benefite and inhabitants off the said Cannogaitte, was a maine actor in the said inbrugh upon occasione off the confluence off re-surrectione, they ordained him to be whipt in paireing off the nobilitie, gentrie, and people off manner perscry bit be ther sentence, and haveall qualities from all the corners off this king-ing ordered the towne officer, with the common dome, and wher (at least at his majestie's pallice near the same) his majestie's high chancellar and officers off state, were and are residing for the tyme, and about three or four aclock in the efternoone a most seditious and mutunous convocatione and unwarrantable ryseing was made and conveened in the Can nongaite, and a great many persons off the rabble and rascalitie of the people, did ryse, conveen, convocat and assemble together, without comand off the head officer and commander off the place, and without any other lawfull warrand, armed with pistolls, swords, durks, and other weapons offensive, and did presume in a most bold and rebellious maner to come and appeir in the high and most publick place off the high street off the Cannogaitte, wher for a long tyme the said tumult and uproar did continew with great cryes and outrageous speeches, threattnings and menaceing, and all the circumstances off insolence which ar incident to popular tumults and furie, invaded, assaulted and sett upon severall off his majestie's good subjects, beatt and wounded them, robbed and ruffled the cloaks, hatts, perivicks, and other abulziaments, draged some of them through the streets, threwe stones, dust and other materialls at them, and committed all other acts off indignitie, violence and furie, to the high and manifest contempt off his majestie's authoritie and lawes, and not being satisfied therewith they in a most seditious and tumultuary maner, came up the streets of the Cannogaitte in a full body, entred within the Nether Bow off his majestie's ancient citie, assaulted the houses off severall off his majestie's good subjects, and with barrs off iron and other instruments, endeavoured to brake open their doores; lykas during the tyme forsaid, they executioner, to carry him to the Cannogaite, being the place wher the tumult first did begin, ther to undergoe his punishment; which being accordingly done, and the said Robert Grieve being brought to the place, and the common executioner being to doe his dutie, you the said David Mowbray, and severall others off the rascalitie and meanest sort of the people, did off new most disloyallie and indutifullie and unwarrantfullie, convocat and assemble yourselves together in a most seditious and tumultuous maner, invadit and sett upon the towne officers and others assistant to them in executione off his majestie's lawes, and be force and violence rescued and took from them the said Robert Grieve, and in a bravading and insolent maner carryed him downe the streets, sett_him at freedom and libertie, and with great cryes, outragious speeches, and menaces, threatned and terrified his majestie's good subjects; and the toune officers haveing disyred you to begone, you answered you would not, but abyde be the trades, in high and manifest contempt off his majestie's authoritie and lawes, and to the effect you and the rest off the rabble might confirme your disloyaltie and unwarrantable convocatione in maner forsaid, you and many others off the rascallitie forsaid, to the number of fyve hundred persons, or therby, the same evening, about sevine a clock at night, did in the Cannogaite and cittie off Edinburgh, assault and invade the dwalling houses of severall loyall subjects, searching for them, ruffled ther goods, broke up ther doors and windowes, and therefter invadit and sett upon his majestie's officers and souldiours, beatt, bruised, and would many of them beat up and down the streets in a most seditious and tumultuarie manner, comitteing all acts off hostilitie, op、 pressione and furie, most disloyallie and seditiouslie opposed and withstood his majestie's authoritie, in the persons of the saids magistrates, officers and souldiours, untill ye were overpowered and dissipat, in which tumultuous convocatione and assemblie ther were two off his majestie's good subjects killed; Wherthrow you the said David Mowbray is guiltie off seditione and off a complication, off remaineing in hynous crymes, of convocatione and ryseing off tumults within brughs, treasone, mutiny aud contraveening of the forsaids lawes and acts off parliament, at least off ane or other off them, and was actor, at least present, in the said tumult and commotione, and committeing the crymes forsaid, and airt and part off the same, and has incurred the paine of death and loss of lyfe and moveables, and the samen ought to be execute and inflicted upon you the said David Mowbray to the terror and example off others to comitt the lyke herefter. Persewer-Sir George M Kenzie of Roshaugh, his majesties advocat. His Majesties Advocat produced ane Act and Order off Councill for persewing of the persone above named, wheroff the tenor followes : Edinburgh, the second off February, 1686 years. The lords of his majesties privie councill having considered the examinatione of David Mowbray, shoomaker, and the depositions off the toune officers, proveing that he was active in the tumult yesterday, att the rescuing off the Baxter boy, who was ordured to be scourged by the magistrats off Edinburgh for accessione to the tumult on Sundayes night, doe heirby give order and warrand to his majesties advocat to process the said David Mowbray before the Lords Commissioners off Justiciarie for the said cryme upon Munday nixt; as also to processe Robert Greive, the Baxter boy, who was rescued yesterday, for the said cryme, in order to his being declared fugitive. Extract by me, Sic Subscribitur," WIL. PATERSON, Cl. Con. The Lords gave warrand and allowance to sir Patrick Hume, or sir David Thoires, or any other advocat the pannall should requyre, to appear and plead his defence. David Mowbray, pannall, confesses and deelares judiciallie, in presence of the justices and assysers, that he was present on Munday last at the convocatione lybelled, and assisted in rescuing the Baxter from the towne officers, craves God and the king pardone for his offence, and comes in his majesties will, and declaires he is heartillie sorrie and penetent therfor, and that he should have hade the least accessione therto. Sic Subscribitur, DAVID MOWBRAY, His Majesties Advocat declaires, he restricts the lybell to that pairt thereoff anent the pannall's accessione to the tumult on Munday in the forenoone in rescuing the Baxter from the executione off justice, and the pannall's being airt and pairt theroff. The Lords finds the dittay relivant as it is restricted to inferr the paine of death. Assisa. Mr. John Dempster, of Pitliver. Mr. James Ellies, of Stenousemill. The Assyse lawfullie sworn; no objection of law in the contrair. THE PROBATION. His Majesties Advocat for probation adduced the pannall's own judiciall Confession, above written, which was received in presence of the Assyse being sworne, together with the witnesses efter deponing. George M'Farlane, ane off the towne offi, cers off Edinburgh, aged threttie five years, maried, purged, and sworne, depones that ou Monday last he being ane off the towne offi, cers, who was employed by the magistrates to execute the sentance against Robert Greive, the Baxter, he sawe the panall, David Mowbray, present in the tumult when they came to res cue the Baxter, and that the deponent called to Mowbray, and desyred him to be gone, which he refused to doe and said that he would take part with the trads, and efter the Baxter was rescued from the officers hands, he saw the pannall take him by the hand and carry him down the way in the tumult, depons the persons present in the tumult were cryeing and swearing outrageously causa scientie patet; and this is the truth as he shall answĘ to God; depons he hade a stick in his hand. Sic Subscribitur, G. M'FARLANE, Officer. William Mayne, officer, aged twentie seven years, married, purged and sworn, depons that on Munday last, the tyme of the tumult, in the forenoon, he sawe David Mowbray, the pannall, present in the midst of the tumult, and the deponent disyred him to goe home; to which be answered that be would stay a while and take a share with the rest, and therefter the persons present in the tumult did rescue the Baxter from the towne officers, and threwe three off them to the ground, and this the truth as he shall answer to God. Sic Subscribitur, WILLIAM MAINE. John Thomsone, towne officer, aged threttie vine years, married, purged and sworne, epons that on Munday last, in the forenoone, e sawe the pannall, David Mowbray, present the tumult in the head of the Cannogate, when the Baxter was rescued; and he heard The pannall say that he would owne the trads; epons the Baxter was rescued from the towne fficers, and the officers throwen to the ground the persons in the tumult; and this is the ruth as he shall answer to God. Sic Subscribitur, JOHN THOMSONE. James Young, servitor to John Bleckie, shoe naker, in Edinburgh, aged twentie years or herby, unmarried, purged and sworne, depons hat on Munday last he was present himself at he tumult in the heade of the Cannogaite, wher the Baxter was rescued, and sawe the pannall David Mowbray ther, and sawe him enter amongst the rest of the tumult, and efter he Baxter was rescued he sawe the pannall, David Mowbray, take the Baxter be the hand and bid him goe away, and this is the truth as the shall answer to God; depons he cannot wreit. Sic Subscribitur, LINLITHGOW, I. P. D. The Lords Justice General, Justice Clerk and Commissioners of Justiciary, haveing considered the said Verdict of Assyse, they therfor, be the mouth of John Leslie dempster off court, decerne, and adjudge the said David Mowbray to be taken to the marcat croce of Edinburgh upon Wednesday nixt, the tenth off February, instant, betwixt two and four a clock in the efternoon, and ther to be hanged. on a gibbet till he be dead, and all his moveable goods and gear whatsomever to be escheatt and inbrought to his majesties use. Which is pronounced for Doom. "It appears that the privy-council granted the prisoner a reprieve till a short day. Whether he got any farther respite, or was then hanged is uncertain, as the Records of Privy Council for A. D. 1686, are missing.' Arnot's Collection and Abridgement of Celebrated The Assyse all in voice, by the mouth of Criminal Trials, p. 42. of Error. 346. Trial of ALEXANDER KEITH,* for Sedition, Mutiny, and Tumult, in Burgh: 2 JAMES II. (of England) A. D. 1686. [Now first printed from the Records of Justiciary at Edinburgh.] CURIA JUSTICIARIE, S. D. N. Regis tenta in Curia legittime affirmata. Alexander Keith, prisoner. * See the preceding Case. severallie punished with the paines off treasone, and at least capitallie, and with the paine off death, and in speciall be the aughtieth third act off queen Mary's nynth parliament intituled Anent the stenshing off tumults within burgh, it is statute, that none off her majestie's subjects presume, pretend or take upon hand, to make any privat conventions or assemblies within burgh, cloath themselves with weapons in tyme heireafter without the speciall licence off her majestie and magistrats within burgh, wher such uproares and tumults chanceth to be, under the paine off death: And be the seveinteenth act and aughteinth parliament off king James the sixt, all and whatsomever acts made be his majestie and his royall progenitors and the estaits off the realme for stayeing off tumults and unlawfull meetings and conventions within burgh, ar ratified and approven, and ordaines to be put to executione against the contraveeners theroff in all poynts with this additione, that no person or persons within burgh of whatsomever rank, qualitie or conditione they be off, presume or take upon hand under whatsomever collar or pretext to convocat or assemble themselves together at any occasione, except they make dew intimatione off the lawfull causs off ther meetings to the provist baizlies off that burgh and obtaine ther licence |