Act of Council Banning the Throwing of Stones

Category

Museums & Galleries Item

Item no

43669

Title

Act of Council banning the throwing of stones at public executions

Description

A printed sheet of paper with an Act of Council entitled "Against Throwing Stones etc at the Executions of Criminals". Printed on loose textured paper and dated 31st August 1737. The text refers to recent events where "the Peace and good Governance of this City has been frequently disturbed and insulted, and many pernicious and fatal consequences have ensued to the Citizens and Inhabitants thereof, by the most insolent and illegal Practice of throwing Stones, Mud and other Garbage, at the proper Officers of the Law,City-guard and Common Executioner". The penalty for doing so is stated as being "whipt through the City by the Hand of the Common Hangman, and thereafter imprisoned for the Space of One year". A reward of five pounds is also offered for anyone who gives up offenders of the crime.

Date

1737

Type

Paper

Location

Museum of Edinburgh

The Act was brought into force a year after the execution of a smuggler, Andrew Wilson, went spectacularly wrong. Wilson was popular among the people of Edinburgh and seen almost as a Robin Hood figure against the high taxes imposed by the now unified British parliament. The crowds were more violent than usual at his hanging, and the Town Guard was extremely nervous. Reports of what happened vary, so we do not know who gave the order to fire, but some of the Guard opened fire. It may have been intended as a warning shot, fired over the heads of the crowd, but onlookers in the upper floors of surrounding buildings were hit, and as many as nine people were killed. The Captain of the Town Guard, John Porteous, was arrested and sentenced to death. When his sentence was revoked, the mob broke in to the Tolbooth and dragged out the unpopular Captain to hang him in the Grassmarket.

While none of the leaders of the riot were ever found, it was suspected that the riot had been begun by members of the nobility, or even town councillors. The city authorities were severely punished; the city was forced to pay compensation to Porteous' widow, the Provost spent time in the Tower of London, and the Town Guard was to be disbanded. This never happened, but instead new rules were introduced to improve the discipline in the Guard. This Act is clearly intended to bring order to public events.

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