Porteous Riots
Encyclopedia
The Porteous Riots surrounded the activities of Captain John Porteous
Captain John Porteous
Captain John Porteous, was a Scottish soldier, Captain of the City Guard of Edinburgh .-Early life:John Porteous was born at The Glen, Quair Water, near Traquair, in the Borders, the son of Stephen Porteous, a tailor of the Canongate, Edinburgh. Little is known of his early life, except that he...

, (ca. 1695 – 1736), Captain of the City Guard
City guard
City guard, city watch, town guard or town watch was a law enforcement formation found in some countries and historical periods, usually subordinate to the local municipal government...

 of Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, who was lynched
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...

 by a mob
Ochlocracy
Ochlocracy or mob rule is government by mob or a mass of people, or the intimidation of legitimate authorities.As a pejorative for majoritarianism, it is akin to the Latin phrase mobile vulgus meaning "the fickle crowd", from which the English term "mob" was originally derived in the...

 for his part in the killing of innocent civilians while ordering the men under his command to quell a disturbance during a public hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

 in the Grassmarket
Grassmarket
The Grassmarket is an historic market square in the Old Town of Edinburgh, Scotland.In relation to the rest of the city the area is a hollow, well below surrounding ground levels.-Location:...

, Edinburgh in April 1736. Although the rioters
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...

 were generally supportive of the convicted smugglers, Porteous seems to have been a somewhat overbearing official, despised by the mob and the underclass
Underclass
The term underclass refers to a segment of the population that occupies the lowest possible position in a class hierarchy, below the core body of the working class. The general idea that a class system includes a population under the working class has a long tradition in the social sciences...

es of Edinburgh society.

The Riot

On 14 April 1736 three convicted smugglers, Andrew Wilson, William Hall and George Robertson, were arrested, tried and condemned to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

. Hall's sentence was commuted
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...

 to transportation
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...

 for life, while Wilson and Robertson awaited their fate. A few days before the execution George Robertson managed to escape by widening the space between the window-bars of his cell and, with the help of sympathethic supporters eventually made his way to the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

.

The remaining convict
Convict
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison", sometimes referred to in slang as simply a "con". Convicts are often called prisoners or inmates. Persons convicted and sentenced to non-custodial sentences often are not termed...

, Andrew Wilson, was taken to be publicly hanged in the Grassmarket
Grassmarket
The Grassmarket is an historic market square in the Old Town of Edinburgh, Scotland.In relation to the rest of the city the area is a hollow, well below surrounding ground levels.-Location:...

, Edinburgh on 14 April 1736. The body of Wilson was cut down against the wishes of the mob
Ochlocracy
Ochlocracy or mob rule is government by mob or a mass of people, or the intimidation of legitimate authorities.As a pejorative for majoritarianism, it is akin to the Latin phrase mobile vulgus meaning "the fickle crowd", from which the English term "mob" was originally derived in the...

, and the ensuing riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...

 was such that the hangman
Executioner
A judicial executioner is a person who carries out a death sentence ordered by the state or other legal authority, which was known in feudal terminology as high justice.-Scope and job:...

 had to be placed in protective custody. As the situation worsened, for fear of an attempt to rescue the victims, the Lord Provost
Lord Provost
A Lord Provost is the figurative and ceremonial head of one of the principal cities of Scotland. Four cities, Aberdeen, Dundee, Edinburgh and Glasgow, have the right to appoint a Lord Provost instead of a provost...

 of Edinburgh instructed Captain Porteous to call out the entire guard and to furnish them with powder and shot.

After the execution the mob became violent and began to stone the City Guard. Accounts of events are confused, but what is certain is that Captain Porteous instructed his men to fire above the heads of the crowd but, in so doing, they shot and wounded people in the windows of the high tenement buildings opposite. The crowd became increasingly violent and, as panic set in, Captain Porteous ordered the guard to shoot into the mob, which led to the deaths of six people in all

The Trial and Appeal

Porteous was arrested the same afternoon and charged with murder. He was tried at the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

 on 5 July 1736, where a majority of witnesses testified that Porteous had personally fired into the crowd on 14 April, although sixteen others said they had not seen him do so.

Feelings were running high in Edinburgh and the jury unanimously found Porteous guilty of murder. He was sentenced to death, the execution was set to take place in the Grassmarket on 8 September 1736. Porteous was imprisoned in the Tolbooth
Old Tolbooth, Edinburgh
The Old Tolbooth was a medieval building located on the Royal Mile in Edinburgh, Scotland.Demolished in 1817, the Tolbooth served various purposes during its existence. It housed early meetings of the Estates of Scotland, Court of Session, and also of the Provost and Burgesses of the Burgh Council...

, near St Giles church.

Events in Scotland alarmed the government in London, and Sir Robert Walpole attempted to influence events by asking his representative in Edinburgh to become involved. But he had miscalculated, underestimating the depth of feeling in Scotland. A formal appeal was petitioned and the execution was deferred.

Death

However, public resentment at a possible reprieve was such that a plot to murder Captain Porteous was hatched, and when the authorities heard of this it was decided to increase the guard at the Tolbooth prison. However, on the evening before this was due to happen, a large crowd of over four thousand gathered at Portsburgh, west of the city.

Making their way across the Grassmarket to the Cowgate and up the High Street, the mob converged on the Tolbooth, where they were eventually able to overpower the guards. Porteous was dragged from his cell and up the Lawnmarket towards the West Bow and the Grassmarket, where he was lynched from a dyer's pole, using a rope taken from a local draper's shop.

After a short while he was dragged down and stripped of his nightgown and shirt, which was then wrapped around his head before he was hauled up again. However, the mob had not tied his hands and, as he struggled free, they broke his arm and shoulder, while another attempted to set light to his naked foot. He was taken down a further time and cruelly beaten before being hung up again, and died a short while later, just before midnight on 7 September 1736. He was buried in Greyfriars
Greyfriars
Greyfriars may refer to:* the Franciscan Order of Friars Minor, in particular the Conventual Franciscans* Greyfriars Kirk, Edinburgh, a church* Greyfriars Bobby, a renowned dog in Edinburgh* Greyfriars Kirkyard, a graveyard in Edinburgh...

 kirkyard, Edinburgh, the following day.

Aftermath

The events in Edinburgh heightened the sense of alarm in London, where the government was concerned about the threat to its management of Scotland. It was thought by Walpole, Queen Caroline and the Duke of Newcastle
Duke of Newcastle
Duke of Newcastle-upon-Tyne is a title which has been created three times in British history while the title of Duke of Newcastle-under-Lyne has been created once. The title was created for the first time in the Peerage of England in 1664 when William Cavendish, 1st Marquess of Newcastle-upon-Tyne...

 that Porteous had been unnecessarily sacrificed and there were even rumours that the conspiracy had involved the local city magistrates.

Various Opposition proposals to disband the city guard and debar the Lord Provost were put forward, and these were the subject of much debate - the Scottish MPs and the government strongly opposed these proposals for constitutional reasons and nothing was ever done.

It was variously thought that Porteous' murder was carried out by friends of those who had been shot and killed, revenge by the smugglers, a Jacobite plot, or even a conspiracy by Presbyterian extremists. However, the organisation of events seems to imply a degree of planning, thought to be the work of James Maxwell, an Edinburgh journeyman carpenter, together with a small group of city tradesmen and journeymen.

However, despite a reward of £200 being made available by the government for information, those responsible for the murder of Porteous were never brought to justice.

The events surrounding the Porteous Riots form part of the early chapters of the novel The Heart of Midlothian
The Heart of Midlothian
The Heart of Midlothian is the seventh of Sir Walter Scott’s Waverley Novels. It was originally published in four volumes on 25 July 1818, under the title of Tales of My Landlord, 2nd series, and the author was given as "Jedediah Cleishbotham, Schoolmaster and Parish-clerk of Gandercleugh"...

by Sir Walter Scott (1818), where they are recorded in graphic detail.

Memorials

The final resting place of John Porteous in Greyfriars kirkyard had for more than two hundred years been marked by a small square stone engraved with the single letter "P" and the date 1736. More recently, this has been replaced with a headstone of Craigleith stone, bearing the inscription "John Porteous, a captain of the City Guard of Edinburgh, murdered September 7, 1736. All Passion Spent, 1973".

The spot where Porteous died is today marked by a memorial plate in the Grassmarket. The site of the infamous Tolbooth Prison is marked by paving stones arranged in the form of a heart, known as The Heart of Midlothian
Heart of Midlothian (Royal Mile)
The Heart of Midlothian is a heart-shaped mosaic built into the pavement near the West Door of St Giles High Kirk on the Royal Mile in Edinburgh, not far from Parliament House, which was the former Parliament of Scotland, and now the site of the Court of Session and Signet Library.Together with...

. Tour guides claim that, even today, passers-by will spit on the spot, a tradition originally intended to demonstrate their contempt for the hated Tolbooth.
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