NISI DOMINVS FRVSTRA
ORDERS Set down by the Lord Provost, Baillies, and Council of Edinburgh, to be observed by the Constables thereof, in Discharge of their Offices within this City, and Liberties thereof.
IMprimis, The Constables being Elected by the Lord Provost, Baillies and Council, shall be obliged to accept the Charge and Office of Constabulary, under the pains of Imprisonment of their Persons, and payment of such an Un-law as the Magistrats shall think fit to Impose, and to remain in Ward ay and while the same be payed, and under the pain of Horning. And for discharging of their Offices, they are to be solemnly Sworn in presence of the Lord Provost, Baillies and Council of this Burgh, and shall take the Oath following.
OATH.
THat they, and ilk one of them, shall faithfully and truely discharge their Offices of Constabulary within the Bounds committed to their Charge, during the time of their Offices after their Admission, and shall not for favour, respect, or fear of any Person, forbear to do that which becometh them in their Offices; And above all things, they shall regard the keeping and preserving of the Peace, and shall at every necessary occasion, come to the Lord Provost and Baillies of this Burgh, or any one of them, and give a due and true Information of any Breach, Tumult, or other insolencies against the Peace, within their respective Bounds, and shall no ways hide, cover, nor conceal the same, nor any Probation or Light that they can give for clearing and proving thereof. So help me GOD, and by GOD Himself.
ITem, A Constable shall have Liberty to take and apprehend any suspected Person, idle Vagabonds, or Night-wakers, and Imprison them, till they find Surety for their Behaviour, at the direction of any of the Judges, for Civils or Criminals, or the Lord Provost and Baillies of Edinburgh.
2. Item, A Constable shall have Power to challenge any Person within this Burgh, or Liberty thereof, that shall be found wearing Pistols or Daggers, and shall present them before the Lord Provost, Baillies; or any one of them, to be punished by them for their fault, conform to the Act of Parliament.
3. Item, Upon appearance of any Fray or Stirr within this Burgh, either by Day or Night, betwixt any Parties, or any other sudden Accident that may fall forth, the Constable shall take unto him the Assistance of his Neighbours for separating of the Parties, and for Ordering any inconvenience that shall happen to ensue, and shall take the Party or Parties, and commit them in Ward, or present them to the Lord Provost or Baillies: And if any harm shall happen to be done to the Constable, or any of his Assistants, the Constable shall take them and put them in Ward, and present them to the Lord Provost and Baillies, or any of them, to be accordingly punished for their fault.
4. Item, If any Person or Persons make any Plea or Tumult within this Burgh, and flee to any House, the Constable shall have Power to break up the Doors thereof: And albeit the Party or Parties flee without the Bounds of the Constables Charge, yet the Constable may follow, and apprehend him or them in a fresh Pursuit, and commit them to Ward, to be Punished for their Fault.
5. Item, The Constable shall take and apprehend all Vagabonds and Sturdy Beggers, or Egyptians, and put them in Ward, to be punished for their Fault, according to the Act of Parliament.
6. Item, The Constable shall take and apprehend all idle Persons, who have not a Calling to live by, and who will not take themselves to some Labour, Trade, or Occupation, and shall present them before the Lord Provost and Baillies, who after Examination and Tryal, shall punish them according to their Crime and demerit.
7. Item, The Constables being informed of any Person guilty or culpable of Slaughter, Murther, Theft, or any other capital Crime whatsoever, shall then require his Neighbours to assist him, for the safe apprehending and conveying such Persons before the Lord Provost and Baillies, to be punished for their fault.
8. Item, The Constable shall search and seek the Bounds committed to his charge, and suffer no Vagabonds, Beggers, nor Infamous Persons, to Remain, Dwell, or be Resett in his Bounds, and if any be within his saids Bounds, he shall presently inform the Magistrats, that they may be Punished, and removed forth of this City.
9 Item, Ilk Constable shall concur one with another, at all occasions needful.
10. Item, The whole Constables shall upon every last Saturday of every Month compear, and present themselves before the Lord Provost and Baillies in the Council-house, to give an Accompt of their Diligence in their Offices, as they will answer upon their Obedience.
11. Item, Ilk Constable shall cause the Bounds committed to his Charge, be keeped clean of all kind of Filth, and Middings; And to that effect, for keeping of the Streets and Passages Clean, ilk Constable shall have Power in his own Bounds, after Tryal of any Person or Persons casting out Filth at their Doors, Windows, or Shots, either in the Fore-gate or Backsides, or laying any Filth, or Middings on the High-Streets, Closses, or Passages within this Burgh, to cause the Person guilty to pay conform to the Tenor of the Printed Proclamation.
12. Item, Ilk Constable within his Bounds shall take and apprehend all Banners, Sweaters, and Blasphemers of GOD's Name, either in the Streets, Mercats, or at the Wells, and to Punish them, either by Warding, or putting them in the Joggs or Stocks, according to the quality of their Fault.
13. Item, That each Family shall be Poynded for their Children or Servants that Nests the Stairs, Turnpikes, or Streets, Closses, or Vennels of the City in four Shilling Scots.
14. Item, The Constables are hereby Impowered to uplift the respective Fines, incurred by the Inhabitants and their Servants within their bounds, conform to the Printed Proclamation, and are to give an account thereof to the Magistrats, and of these that shall Transgress, each Munday of the Week during the time of their Offices; which Fines are to be applyed, the one half to the Discoverers of the Persons that shall be found to Transgress the said Printed Proclamation▪ and the other half the Council Declares shall be applyed for gratifying of these that shall be sound most active in discovery of the Persons that Transgress the said Printed Proclamation, according to the Pains taken by them from time to time, as to the said Discovery.
15. Item, The Constables are frequently to go thorow their bounds, to the Dwelling-houses within the same, and try if each Family hath sufficient Vessels for holding their Excrements and Foul-Water, conform to the printed Proclamation, and to poynd these in three Pound Scots that are deficient.
16. Item, The Constables in each bounds are to free the Magistrats of the Penalty and Certification, contained in the Act of Parliament anent the Cleansing of the Streets of the City.
17. Item, If any Person shall refuse or delay to concur with the Constable in executing of his Office, they shal be imprisoned, and severely Punished by command of the Lord Provost and Baillies, according to the quality of the Offence.
18. Item, The Constables shall be obliged to receive any Injunctions, or Statutes that the Lord Provost, or Baillies and Council shall enjoyn to them at any time hereafter. Extracted by me▪