JUNIOR YEAR ABROAD DEPT.
In late October of 1984, on a really fine day, I was walking home with some of my new friends from Milne’s Court, up the Edinburgh High Street, past St. Giles. Just a few paces past the kirk, right as the Lawnmarket begins, we passed a beautiful sett in the street, with the saltire St. Andrew’s cross:

Chaim and I were shocked when Angus, from Aberdeen, suddenly spat into the heart, then sauntered on, blithe and nimble in his Doc Martens, painter’s pants rolled to the ankles, t-shirt sleeves rolled to the shoulder with Marlboro reds stashed in, puffing coolly at his fag, as we preppy Americans gasped. Spitting in the main square of the capital of Scotland! Was this some Aberdeen boorishness?

Mary, Q. of Scots version. Seat of the City Guard and Court of Session
and the Lord Provost, it was also the seat of religious persecution,
of political repression, and for generations, the debtors’ prison.
Much dilapidated and scorned in the Enlightenment, as was
the Bastille, it was finally razed in 1817.
Adele, a beautifully sharp and ruddy second-year from Belfast, hastened to explain it was a custom here, at the site of the Old Tolbooth, Sir Walter Scott’s famous ‘Heart of Mid-Lothian,’ to dishonor the pavement with Scots exuberance. Thereafter, all year, Chaim and I, given liberty to express Philadelphian contempt for the clammy hand of British Imperialism, dutifully expressed it, Embro-style. I can’t imagine they let people spit on the street now. But it was a thing then.
It struck me as a strange custom — to pridefully deface a memorial — but as I learned more about the history of Scotland, and Edinburgh’s in particular, I saw that keeping alive this memorial to the hated Tolbooth as a “pain-body” in the body politic, served a vital unifying function; it even helped forge the city’s modern identity, at least, that’s how my young student friends understood it. Today, our own country is being roiled by citizen protests against police brutality. When there is so much anger at injustice, the Mob becomes a powerful and purging instrument to revive an ailing nation.
The two spots that played a part in the grim Porteous affair were the Tolbooth, the ancient city guardhouse, city council chambers, courthouse, etc., and the Grassmarket, which since 1660 was the official place for public executions. It’s worth paying attention to the geography too — the Lawnmarket was the seat of the old Scottish aristocracy. The Bowhead was the seat of the middle-class, the Protestant merchants and lawyers. The Grassmarket was working class. All these classes supported the lynching, a rare example of solidarity in Scotland’s history. This is the point of the story about the guinea “found” in the West Bow Butter Trone — that the wealthy classes contributed to the effort.

Milne’s Court Passage, at the Bowhead. The crown
of St. Giles is behind it.
The common people and city leaders alike reviled the old Tolbooth as the town’s dank, garbage-piled prison. Great religious and political prisoners over the years gave it an air of treason and oppression, while the sadistic incarceration of ordinary debtors in dungeon-like conditions provoked general citizen outrage. This was made even worse by the fact that over the years, the ordinary criminals, including the dangerous ones — murderers, cheats, frauds, rapists, etc. — seemed to have no trouble escaping while harmless bankrupts languished. Still, the Tolbooth was Capt. Porteous’s post, and when he rode out with his cohort of Redcoats to the Grassmarket to oversee the execution of a smuggling sailor, and then ordered his troops to open fire on the peaceful mob, the Tolbooth became his prison.





The Grassmarket was the horse and cattle market (thus always strewn with hay and straw.) Here since the earliest time converged the common folk from the rural hamlets around Edinburgh, to service the royal troops in the King’s Stables; later in the Renaissance the carousing Frenchified households of the lairds up in the Lawnmarket were added to their clientele, later still the dour but wealthy Protestant merchants of the Bowhead. Thus by the 18th Century it was the general working-class, i.e., the animal-handling class, neighborhood of the city. But also, as the economy diversified, the storefronts filled in with carters, wheelwrights, drapers, cordage and twiners, leatherworkers, bakers etc. Its adoption as the site of public hangings seems almost accidental — it was, and is, the widest open square in famously strait Edinburgh.


“The year 1736 is rendered memorable in the annals of the city by the most celebrated of all its popular revolts–the famous Porteous mob….the cool and determined manner in which popular vengeance was effected [in the Porteous affair] has probably never been surpassed. The memorials of Edinburgh would be incomplete without some notice of it; but its incidents have been rendered so familiar by the striking narrative of Scott…that a very brief sketch will suffice…
— Sir Daniel Wilson, Memorials of Edinburgh in the Olden Times, 1881



without sedan chair
“Captain John Porteous, the commander of the city guard, having occasion to quell some disturbances at the execution of one Andrew Wilson, a smuggler, rashly ordered his soldiers to fire among the crown, by which six were killed and eleven wounded, including females, some of them spectators from neighboring windows. Porteous was tried and condemned for murder, but reprieved by Queen Caroline, who was then acting as Regent, in the absence of her husband, George II, at Hanover. The people, who had regarded Wilson in the light of a victim to the oppressive excise laws and other fruits of the hated Union [with England, from 1707], were exasperated at the pardon of one who had murdered so many of their fellow-citizens, and determined that he should not escape. Many people, it is said, assembled from the country to join in the enterprise.”
— Sir Daniel Wilson, Memorials of Edinburgh in the Olden Times, 1881

from the Tolbooth, he was the only one in the gang left to
hang.
The Indictment of Capt. Porteous:
“John Porteous, lately one of the Captain Lieutennants of the City Guard of Edinburgh present Prisoner in the Tolbooth of Edinburgh, Pannel. INDICTED and ACCUSED at the Instance of Duncan Forbes, Esquire, his Majesty’s Advocat for His Highness Interest, for the Crimes of Murder and Slaughter, and others, as is more fully mentioned in the Indictment raised against him there annext. Setting forth, THAT WHERE, by the Law of God, the Common Law, the Municipal Law and Practice of this Kingdom, and the Laws of all other well-governed Realms, Murder and Slaughter, maiming and wounding with mortal Weapons, any of the Subjects of such Realms, and the ordering, commanding, and causing any Band, or Number of Men, armed with Firelocks, and other mortal Weapons, to fall upon, wound, murder, and destroy Numbers of His Majesty’s Subjects, innocently and lawfully assembled, by firing sharp shot amongst them, whereby Multitudes are, or may be endangered, and many Men, Women, and innocent Children are, or may be killed or wounded, without just Cause or Occasion, and without lawful Warrant, more especially when committed in the public Streets of a City, by a Person lawfully commissioned by the Magistrates thereof to command such Band of armed Men, for the Preservation of Peace and Order, and for the Defence of the Inhabitants, and others resorting thereto, are Crimes of a high Nature, and severely punishable:
— From the indictment: “Authentick Extracts of the Proceedings in the Trial of Capt. John Porteous;” 1737.

“YET TRUE IT IS, and of Verity, That he the said John Porteous had presumed to commit, and was guilt and accessory, of art and part of all and every, or one or other of the foresaid Crimes aggravated as aforesaid; IN SO FAR AS, upon the Fourteenth Day of Aprile last…when the deceas’t Andrew Wilson…was to be executed at the Grassmarket of the City of Edinburgh…in the ordinary Course of Rotation…being ordered to attend to the said execution, to preserve the Peace, and support the Executioner in the discharge of his duty, having under his command a Detachment of about Seventy Men…after the said Wilson had hung upon the Gallows, until he was dead, at least for a considerable time, he the said John Porteous, shaking off all Fear of God, and respect to His Majesty’s Laws, and conceiving a most wicked and malicious Purpose of destroying, wounding, and maiming Numbers of His Majesty’s Subjects, the Inhabitants of the said City of Edinburgh…without any just cause or necessary Occasion, ordered the Guard to fire on the people…and the Men, at least severall of them having fired over the Heads of the Multitude, so as to avoid doing them harm, he with Threats and Imprecations repeated his Commands to fire, calling out to them, to level their Pieces or be damn’d, or words to that Purpose: and…he leveled the Firelock that was in his own Hand, taking Aim at Charles Husband Servant to Paul Husband, Confectioner in the Abbay of Holyrood-house, and most wickedly and murderously fired at him, whereupon he immediately droped to the Ground, having received a Wound by a Bullet or large Drop of Lead on the left Side of his Head, which pierced into his Brain…[here commences a list of the slaughtered[]…AND HE WAS GUILTY, art and part of the Slaughter, Murder, and wounding of all…ALL WHICH, or any Part thereof being found proven by the Verdict of an Assize…he ought to be most exemplarily punished with the Pains of Law, to the Terror of others to commit the like in time coming.”
— From the indictment: “Authentick Extracts of the Proceedings in the Trial of Capt. John Porteous;” 1737.
“The leaders were disguised in various ways, some of them in female attire; but Charles Kilpatrick Sharpe…rejected with scorn the idea that it was an ordinary Edinburgh mob: “From many old persons I have heard that people of high rank were among those who took part in the affair…Lord Haddington for one, in his cook-maid’s dress. My great-grandfather, Sir Thomas Kilpatrick, had a hand in it, as other people of quality unquestionably had.” Mr. Sharpe also maintained the truth of the familiar tradition that a guinea was left in the booth of the West Bow [the old Butter Tron] from whence the rioters procured the halter; and ridiculed the idea that an ordinary Edinburgh mob could have found among the entire rabble a guinea to spare. [A guinea was one pound plus one shilling — nearly a year’s rent.] “More like a pund Scots, or twal’ pennies sterling!”‘
Sir Daniel Wilson, Memorials of Edinburgh

“”The mob, thus reinforced [with cash] armed themselves with their weapons, and then forcing the door of the Tolbooth by setting it on fire, they dragged from thence the object of their vengeance, and led him to the scene of his crime, the ordinary place of execution in the Grassmarket. It was intended at first to have erected the gallows and executed him there with greater formality; but the ringleaders found this…too serious a loss of time, and Porteous was hastily suspended from a dyer’s pole, over the entrance to Hunter’s Close, in the south-east corner of the Grassmarket. As soon as their purpose was effected, the rioters threw away their weapons and quietly dispersed…”
— Sir Daniel Wilson
The talk of money has to do with controversies over Lords paying lowlives to do their dirty work, bribing the guards, etc., but a big question among Scots seems to have been the moral question: was the rope [the halter] used to hang Porteous looted from the Grassmarket, or was it properly paid for by the Mob? All indications are there was no looting during the riot, and the actual act of walking into the twiners, buying the rope, and stringing Porteous up, was as orderly and polite as you could imagine. This suggests full complicity among all classes of Edinburgh society for Porteous’s lynching. (The controversial patriotic rope and twine business in the Grassmarket remained in the family for another 250 years, and only in the last few years, was reported in the Scotsman as closed up.)
So how did the Queen Regent respond?
“Queen Caroline was highly exasperated on learning of this act of contempt for her exercise of the royal prerogative. The Lord Provost (mayor) was imprisoned, and not admitted to bail for three weeks. A Bill was brought through Parliament, and carried through the House of Lords, for incapacitating him from ever holding any magisterial office in Great Britain, and for confining him in prison for a full year. This bill also enacted the demolition of the Nether Bow Port, and the disbanding of the city guard. The Scottish members, however, exerted themselves effectually in opposing this unjust measure when it was sent down to the House of Commons…the whole was commuted to a fine of 2,000 pounds imposed on the city, for behalf of the captain’s widow [who finally settled for 1,500 pounds.] From this period until the eventful year of 1745 nothing remarkable occurs in the history of Edinburgh.”
Sir Daniel Wilson, Memorials of Edinburgh
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