Tho' the Guilt of the Rioters might, by the construction of Law, amount to High Treason, yet their Excys, desiring that the proceedings against them may be speedy and effectual, have not thought fit to order their being prosecuted for that crime; but direct that you proceed against them, according to their respective Cases, under these three Heads, of Murder; of Felony, upon the Statute 1" Georgii, in demolishing or beginning to demolish, M' Campbell's House; and of Riot; that you go upon the Tryals of such, against whom the evidence is plainest; and that the said tryals may be carried on with all possible expedition at Edenburgh, according to the Laws in force in Scotland.

Their Excellencys would have you also enquire into the behaviour of the Magistrates; and particularly consider the case of the Provost of Glascow's omitting, upon the abovementioned Riot, to read the proclamation appointed by the aforesaid Act, to be made in the like occasions; and proceed against Him by securing, examining, and Committing him, according to Law.

Their Ex observing that Mr. Campbell, by a Clause in the said Act, is entitled to a Remedy against the town of Glascow for the damage he has suffered, would have you suggest to him the making use of the advantage which that Law gives him.

Their Ex do also direct, that, as you take Informations against the Criminals, and their Examinations, you do from time to time send me Copies thereof, to be laid before their Ex; and I take it for granted, you do not want any directions to let me have such an account of your proceedings as you shall think fit, to be laid before them. I am also persuaded, that you will not fail to inform their Excellencys of any Discoverys that you shall be able to make of the springs of these disorders, and of the persons by whom they have been fomented and abetted. I am sure it were unnecessary for me to add any thing to excite your Zeal and diligence in so necessary and so important a Service; I shall, therefore, conclude with my hearty wishes for your good success in it; and the assurances of my being, with great truth and respect,

My Lord, and Sir,

Your most humble and obedient Servant,

No. CXIII.

Ch: DELAFAYE.

The Lord Advocate to M' Delafaye, dated Edin', 8th July 1725.

Sir, I RECEIVED, by the Meffenger who will deliver you this, yours of the first instant, signifying to me the commands of their Excellencies the Lords Justices, concerning the Tumults at Glasgow; and to the end their Orders may be the more effectually executed, I am resolved to go furthwith to Glasgow, and to do what in me lyes for discovering thorrowly, and bringing speedily to punishment, the Offenders.

As that Town is generally pretty much involved in the Guilt, it will be attended with some Difficulty to make the proper Detection of the secret Advisers and promoters of those outrages; however, I have already taken all the previous care I could of that matter. I have sent before, secretly, two young fellows from hence, who are acquainted pretty well with the towns-people; and who, under pretence of other Business, are to pick up all the private information they can, to the end that I may follow it out, when I go thither, with a regular Enquiry.

By what I can at this distance learn, I conceive there will be evidence enough of the conduct of the Chief Magistrates who were in the Town, to subject them at least to a just prosecution for gross Malversation in their Offices; the consequence whereof, by

the

the Law of Scotland, is Deprivation & Uncapacity; but whether there can be any evidence found of their actuall accession to the Riots, by adviseing or fomenting, is what I cannot answer till I have gone on with the Examination.

I Believe we shall have plenty of Evidence against the persons who acted ouvertly in the Mob; but as the Magistrates have hitherto thought fit to committ none of them, on pretence that they durst not take upon them to act, for fear of the Mob, before the Arrival of the Troops, I am affraid that the appearance of the Troops will determine the greatest part of those, who know that they can be proved guilty, to get out of the way; but all endeavours possible shall be used to search for & to committ them.

Tho' the Rebellious Disposition in Glasgow Looked ill at the Beginning, and proved a great encouragement to other places in the Neighbourhood to stand out against payment of the Malt Duty, I am very hopefull that the punishment of the Offenders there, and the just resentment that the Lords Justices have been pleased to express on that occasion, will humble those who took originally their Example from the insolence of Glasgow, and pave the way for the peacible Collection of the Malt Duty over the

whole Nation.

As the Refusal of Entry to the Malt Officers, generally, was the effect of a false Report, industriously Disseminated throw almost Every Royall Burgh of the Nation, by Emissaries employed for that purpose, that the whole Royall Burroughs of Scotland had come to a Resolution not to pay the Malt Tax; I have given the best directions I could think of, for coming at a Discovery of the persons imployed in carrying on such a confederacy against the Government and the Laws, to the end they may be prosecuted as their offence Deserves.

And as the Annuall Convention of the Royall Burrows of Scotland, which consists of a Commissioner from each Burrow, is now assembled at Edin', We thought it might be of some Service to knock down the spirit of Opposition raised upon such a false suggestion, if the general Convention could be brought to testify their abhorrence of such Sentiment, by a formall Resolution to be circullated throw all the Burrows of the Kingdom.

And, accordingly, We moved and Carryed by a vast Majority the Resolution, at Copy whereof is inclosed *; which, I hope, will dispose the people generally to a due Submission. When I talk of a great Majority, I must explain it, that there were but four Negative votes; and even these did not pretend to Dissent from the Resolution; but, whatever their Secret Sentiment might have been, contented themselves with arguing for a delay; and gave their negative, as they said, because that delay was not indulged them.

I have conversed with Mr. Daniel Campbell on the Subject of Claiming Satisfaction for his Damage from the town of Glasgow, on the foot of the Act, the first of the King, for preventing Riots; and I find him disposed to do in that respect whatever the Lords Justices incline he should do.

M' Solicitor General was willing to have gone to Glasgow, to assist at the enquiries and examinations that are to be carryed on there. But as I thought that his presence here might be of service to assist the Commissioners of Excise, & the Magistrates of this City, with his Advice, in case of any suddain emergent, I have perswaded him to remain in this place, and have given him a deputation to act for me in my absence, pursuant to the powers contained in my Commission.

* This does not appear among the Papers.

I shall

I shall from time to time take the liberty of writting to you, when any thing happens worth the notice of the Lords Justices; and shall not omitt to transmitt to you, to be Laid before their Excellencies, exact Copies of all the proceedings that shall be had at Glasgow.

This moment I am setting out with the General for that place: he shows a great deal of spirit and vigilance on this occasion.

No. CXIV.

I am, S',

Yours.

My Lord,

M' Delafaye to the Lord Advocate.

Whitehall, July 13th, 1725.

I AM honoured with your Lordship's Letter of the 8th Instant, which I laid before the Lords Justices; and I have their Excy's Command to signify to you their entire approbation of what you had done, and proposed to do, in compliance with their Directions, for detecting and bringing to justice the Persons concerned in the late Tumults at Glasgow; and the dextrous manner in which you have set about getting the best information of that unfortunate Transaction, and of the wicked advisers and promoters of it.

Nothing could be more prudent and seasonable than the Resolution and Declaration you procured from the Convention of the Royal Burroughs; and their Excellcys thought that your care and pains in this matter deserved their particular thanks; which I accordingly return you.

Their Excelleys are extremely satisfied with M' Solicitor General's Zeal for the King's Service; and desire you will assure him of the sense they have of it. I am, with great truth and respect,

My Lord,

Your Lords most obedient humble Servant,
CH. DELAFAYE.

No. CXV.

An ACCOUNT of the Conduct of the several Magistrates of Glasgow, touching the late Riots there; from whence those Acts of Malversation in Office are deduced, for which they are Committed, and may be Tryed.

[Evidently in the hand-writing of the Lord Advocate.]

THE Magistrates of Glasgow who were Committed are Six in number; The Provost, three Baillies, the Dean of Guild, and the Deacon Convener.

The Guilt of the Provost, in not putting the troops in possession of the Main Guard, which would have prevented the misfortune of that night; and in not allowing the troops any other place, where they might be together; in Ordering them to separate quarters; in not reading the Proclamation which, by the Law, He is commanded to endeavour at least to Read; and in refusing the Assistance of the troops at last when offered, is too palpable to stand in need of any Observation: tho' at the same time, from the Character of the Man, it is very possible, that the fear with which He may have been possessed by other People, who had the destruction of Mr. Campbell's House in their Eye, and who were affraid to be disappointed of their design by the Arrival of

the Troops, might have been the immediate Cause of his Action: However, as that cannot prove a legall justification to Him, it makes it necessary to sift the Conduct of his Collegues in the Magistracy the more carefully.

Of his Collegues, Baillie Stirline, and Baillie Johnston, were, as is believed, industriously out of Town, at and for some time before the Riots: So that no Magistrate remained with the Provost, except Baillie Mitchell, the Dean of Guild, and Deacon Convener.

This Baillie Mitchell is by trade a Maltster, and is the present trades Baillie, upon whom the care of the Tradesmen and Artificers by which those tumults were chiefly carried on depends. He, on the first appearance of the mobish assemblies, on Thursday forenoon, the Day on which the Troops entered the Town, and on which Mr Campbell's House was attacked, deserted his Duty, and left the Provost without giving any account of Himself; nor did he appear in the Streets all that Day, the night following, or the next morning till about 9 o'Clock, that he took a Boat privately, and went away to Port Glasgow. Thus He left the Town, after seeing the destruction of M' Campbell's house, and knowing what danger the Town was in from a Mob, without asking leave from the Chief Magistrate, & without offering his advice or assistance for taking proper measures towards the preservation of the peace.

This, it is humbly conceived, is a gross Malversation in Office.

The Dean of Guild was likewise in the town with the Provost, and was witness to the Riotous Assemblies on Thursday's forenoon; but about the time that the Troops entred the Town he withdrew Himself from his duty, and from the Provost's assistance, and continued absent till the troops were sent to seperate quarters: it is true, indeed, he afterwards returned to the Provost, and went alongst with him to intreat the Mob to dissipate; but it is equally true, that He did not attempt to Read the Proclamation, which duty led him to endeavour to Read.

This Dean of Guild was also the person who the next morning, in a meeting of the Merchants who were deliberating upon a proposition for calling together a Burgess guard, insisted on it, and carried it, that such Guard should not mount with swords; but with staves only; from whence his disposition towards the Rioters may naturally be gathered. The Deacon Convener, whose business it is to Assemble and Convene, and to preside over the trades, was witness to the tumultuous assemblies on Thursday's forenoon, and stayed with the Provost till the troops came into town, and the mob was gathered about the Guard Room; but then He withdrew himself from his Duty, and from attendance upon the Provost, and did not appear again on that night.

And on the Friday's night following, and the Saturday's morning, tho' he had a guard mounted, with which he pretended to preserve the peace of the town, he did not offer in the least, or attempt, to disturbe the Rioters who were busie all Friday's night & Saturday's morning in demolishing M' Campbell's House.

As to Baillie Stirline & Baillie Johnston, who were 'absent, tho' no Ouvert Act can appear from which their encouraging. or fomenting the Riots can be gathered; yet on the 30th of June, in place of taking an examination, by which the Rioters might be discovered, seized, and punished, they thought fit to take a partiall examination concerning the supposed abuses Committed by the Commander of the Troops; and the pretended unjustice which, it was said, the people met with; and, out of such examinations, to draw out a false and partial account of the fact, which they signed & transmitted to Edinburgh, in order to be printed; and this they did when at the same time they neglected to return any answer at all to a Letter which the Magistrates received from his Majesty's Advocate, requiring from them a particullar account of

those

1

those transactions; and desireing them to search for, Seize, and Committ such Offenders, when they should discover them.

A Circumstance that aggravates the Guilt of the whole Magistrates is, that, tho' they received the afforsaid Letter, dated the 25th of June, requiring them to Act as above; yet they never returned any answer, nor made the least step towards Discovering or Seizing any of the Rioters. But, on the Contrary, suffered the most nottorious of them to stay openly in town till about the 9th of July, that His Majestie's Troops approached Glasgow; and even then, permitted those riotters to Escape.

Another general Circumstance against all the Magistrates is, that tho' His Majestie's Advocat required the Dean of Guild, and one Baillie Ramsay, a late Magistrate, whom he met at Edin', to acquaint all the other Magistrates of Glasgow, that if, as they pretended, they durst not, because of the Mob, Seize any of the Rioters before the Troops came up, it would be taken as acceptable service to the publick, if they would employ their interest and industry secretly to get informations against the chief rioters, and to make up lists of their names, to the end the Advocate might Committ them when he arrived. And tho' this message was delivered to the Magistrates, and they pretended to the Advocate on the 9th July, when He came to Glasgow, that they had obeyed his instructions, and prepared Lists as he directed; yet on the 10th of July, when, pursuant to their promise, they came to deliver to Him Lists such as he expected, the only paper which the Provost, in the presence of the Magistrates, put in his hand, was a List of seven persons, said to be rioters, whereof 4 were women, & 3 only men; & of the three men, one was a tinker, whose residence was not described in the List; another was not an inhabitant of Glasgow; and the 3 was a mean labourer, who resided somewhere in the suburbs of the Town, but had fled. Neither did they tender any other information or list of offenders to the Advocate, at that or any other time.

If this last particullar is not of itself a Malversation such as merites Deprivation, it at least will show what construction is to be put upon the Magistrates other actings, above taken notice of.

My Lord,

No. CXVI.

Lord Caithness to the Lord Advocate.

Murkle, July 14th, 1725. I WRIT to my Brother by the last Post, desiring him to tell you that I am very willing to accepte of the Lieutennency of this Shire; and had written to you, were it not for a little disorder I had in my eyes. Since the Duke of Argile thinks it proper that I shud accepte of something from the Government, I wil not refuse it, be it never so little, or in whatever shape or form it be, since he does me the honour to procure it for me. I never was prompted by necessity or avirice to dunn and importune for favours of this kind; and there is less reason whey I shud doe so now then ever; for by observing Major Pack's prescription, of suiting my dyet to my pay, I have made myself very easie. Nevertheless I believe I were to blame if I refus'd them when offr'd in a suitable manner. My Lord, the offers that are made my Brother are, I belive, in a great measure owing to your good ofices; though I know the Duke of Argile to be the readiest man in the world to doe good to all that are not unworthy of it. Yet it being my misfortune to be so little known to him, I could hardly expecte to be remembr❜d by him, otherwise than as falling under the general consideration on

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