meantime, the persons who had been most guilty, had either ran off, or, at least, kept themselves upon the wing until they should see what steps were taken by the Government.
'When the Solicitor arrived, he perceived the whole inhabitants under a consternation. He had no materials furnished him; nay, the inhabitants were so much afraid of being reputed informers, that very few people had so much as the courage to speak with him on the streets. However, having received her Majestie's orders, by a letter from the Duke of New castle, he resolved to sett about the matter in earnest, and entered upon ane enquiry, gropeing in the dark. He had no assistance from the magistrates worth mentioning, but called witness after witness in the privatest manner, before himself in his own house, and for six weeks time, from morning to evening, went on in the enquiry without taking the least diversion, or turning his thoughts to any other business.
'He tried at first what he could do by declarations, by engaging secresy, so that those who told the truth should never be discovered; made use of no clerk, but wrote all the declarations with his own hand, to encourage them to speak out. After all, for some time, he could get nothing but ends of stories which, when pursued, broke off; and those who appeared and knew anything of the matter, were under the utmost terror, lest it should take air that they had mentioned any one man as guilty.
'During the course of the enquiry, the run of the town, which was strong for the villanous actors, begun to alter a little, and when they saw the King's servants in earnest to do their best, the generality, who before had spoke very warmly in defence of the wickedness, began to be silent, and at that period more of the criminals began to abscond.
'At length the enquiry began to open a little, and the Sollicitor was under some difficulty how to proceed. He very well saw that the first warrand that was issued out would start the whole gang; and as he had not come at any of the most notorious offenders, he was unwilling, upon the slight evidence he had, to begin. However, upon notice given him by Generall Moyle, that one King, a butcher in the Canongate, had boasted, in presence of Bridget Knell, a soldier's wife, the morning after Captain Porteus was hanged, that he had a very active hand in the mob, a warrand was issued out, and King was apprehended, and imprisoned in the Canongate Tolbooth.
'This obliged the Sollicitor immediately to take up those against whom he had any information. By a signed declaration, William Stirling, apprentice to James Stirling, merchant in Edinburgh, was charged as haveing been at the Nether-Bow, after the gates were shutt, with a Lochaber-ax or halbert in his hand, and haveing begun a huzza, marched upon the head of the mob towards the Guard.
'James Braidwood, son to a candlemaker in town, was, by a signed declaration, charged as haveing been at the Tolbooth door, giveing directions to the mob about setting fire to the door, and that the mob named him by his name, and asked his advice.
'By another declaration, one Stoddart, a journeyman smith, was charged of having boasted publickly, in a smith's shop at Leith, that he had assisted in breaking open the Tolbooth door.
'Peter Traill, a journeyman wright, (by one of the declarations) was also accused of haveing lockt the Nether-Bow Port, when it was shutt by the mob.
'His Majestie's Sollicitor having these informations, implored privately such persons as he could best rely on, and the truth was, there were very few in whom he could repose confidence. But he was, indeed, faithfully served by one Webster, a soldier in the Welsh fuzileers, recommended him by Lieutenant Alshton, who, with very great address, informed himself, and really run some risque in getting his information, concerning the places where the persons informed against used to haunt, and how they might be seized. In consequence of which, a party of the Guard from the Canongate was agreed on to march up at a certain hour, when a message should be sent. The Sollicitor wrote a letter and gave it to one of the town officers, ordered to attend Captain Maitland, one of the town Captains, promoted to that command since the unhappy accident, who, indeed, was extremely diligent and active throughout the whole; and haveing got Stirling and Braidwood apprehended, dispatched the officer with the letter to the military in the Canongate, who immediately begun their march, and by the time the Sollicitor had half examined the said two persons in the Burrow-room, where the Magistrates were present, a party of fifty men, drums beating, marched into the Parliament close, and drew up, which was the first thing that struck a terror, and from that time forward, the insolence was succeeded by fear.
'Stirling and Braidwood were immediately sent to the Castle and imprisoned. That same night, Stoddart, the smith, was seized, and he was committed to the Castle also; as was likewise Traill, the journeyman wright, who were all severally examined, and denyed the least accession.
'In the meantime, the enquiry was going on, and it haveing cast up in one of the declarations, that a hump'd backed creature marched with a gun as one of the guards to Porteus when he went up to the Lawn Markett, the person who emitted this declaration was employed to walk the streets to see if he could find him out; at last he came to the Sollicitor and told him he had found him, and that he was in a certain house. Whereupon a warrand was issued out against him, and he was apprehended and sent to the Castle, and he proved to be one Birnie, a helper to the Countess of Weemys's coachman.
'Thereafter, ane information was given in against William M'Lauchlan, ffootman to the said Countess, he haveing been very active in the mob; ffor sometime he kept himself out of the way, but at last he was apprehended and likewise committed to the Castle.
'And these were all the prisoners who were putt under confinement in that place.
'There were other persons imprisoned in the Tolbooth of Edinburgh, and severalls against whom warrands were issued, but could not be apprehended, whose names and cases shall afterwards be more particularly taken notice of.
'The ffriends of Stirling made an application to the Earl of Islay, Lord Justice-Generall, setting furth, that he was seized with a bloody fflux; that his life was in danger; and that upon ane examination of witnesses whose names were given in, it would appear to conviction, that he had not the least access to any of the riotous proceedings of that wicked mob.
'This petition was by his Lordship putt in the hands of his Majestie's Sollicitor, who examined the witnesses; and by their testimonies it appeared, that the young man, who was not above eighteen years of age, was that night in company with about half a dozen companions, in a public house in Stephen Law's closs, near the back of the Guard, where they all remained untill the noise came to the house, that the mob had shut the gates and seized the Guard, upon which the company broke up, and he, and one of his companions, went towards his master's house; and, in the course of the after examination, there was a witness who declared, nay, indeed swore (for the Sollicitor, by this time, saw it necessary to put those he examined upon oath), that he met him [Stirling] after he entered into the alley where his master lives, going towards his house; and another witness, fellow-prentice with Stirling, declares, that after the mob had seized the Guard, he went home, where he found Stirling before him; and, that his master lockt the door, and kept them both at home till after twelve at night: upon weighing of which testimonies, and upon consideration had, That he was charged by the declaration only of one person, who really did not appear to be a witness of the greatest weight, and that his life was in danger from the imprisonment, he was admitted to baill by the Lord Justice-Generall, by whose warrand he was committed.
'Braidwood's friends applyed in the same manner; but as he stood charged by more than one witness, he was not released—tho', indeed, the witnesses adduced for him say somewhat in his exculpation—that he does not seem to have been upon any original concert; and one of the witnesses says he was along with him at the Tolbooth door, and refuses what is said against him, with regard to his having advised the burning of the Tolbooth door. But he remains still in prison.
'As to Traill, the journeyman wright, he is charged by the same witness who declared against Stirling, and there is none concurrs with him and, to say the truth concerning him, he seemed to be the most ingenuous of any of them whom the Solicitor examined, and pointed out a witness by whom one of the first accomplices was discovered, and who escaped when the warrand was to be putt in execution against them. He positively denys his having shutt the gate, and 'tis thought Traill ought to be admitted to baill.
'As to Birnie, he is charged only by one witness, who had never seen him before, nor knew his name; so, tho' I dare say the witness honestly mentioned him, 'tis possible he may be mistaken; and in the examination of above 200 witnesses there is no body concurrs with him, and he is ane insignificant little creature.
'With regard to M'Lauchlan, the proof is strong against him by one witness, that he acted as a serjeant, or sort of commander, for some time, of a Guard, that stood cross between the upper end of the Luckenbooths and the north side of the street, to stop all but friends from going towards the Tolbooth; and by other witnesses, that he was at the Tolbooth door with a link in his hand, while the operation of beating and burning it was going on;
