Draught of an act, Anno 1707, for Erecting a Royal Society of Sword-Men in Scotland

Our sovereign lady, with the advice and consent of the estates of parliament, considering, that the science and art of defence is reputed over all Europe, a useful and necessary accomplishment for all gentlemen; and seeing it is of late imporved by certain her majesty's good subjects within this her ancient kingdom of Scotland to that height of perfection, as that the rules and principles thereof, which were formerly looked upon as precarious and uncertain, are now rendered clear and evident: And also considering, that the right teaching and improving of said art of the sword, doth very much tend to the education of youth in general, and especially for the accomplishment of such as shall be employed to serve in her majesty's army; and that man persons have and do take upon them to teach the said art, who are altogether unqualified and ignorant, or at least cannot teach it so exactly as is required, to render a man perfectly dextrous, which may be prevented if there were a society of Skilfu and Experienced Sword-men erected and constitute for taking tryal of all persons who shall take upon them to teach said art. And being informed of the qualifications of Her Majesty's Lovits, who all or most of them have by a sedulous application and long practice attained to a more than ordinary knowledge of, and dexterity in the art of the sword; and being resolved to give all due encouragement for promoting thereof: Therefore Her Majesty with advice and consent from the estates of parliament, does hereby create, erect and incorporate the forenamed persons, and such persons as shall by them, or any quorum of them be hereafter admitted and recieved in manner underwritten into a free Royal Society of Sword-Men in Scotland, with power to create and elect a cleark and all other necessary members of court, and with full power to said society, or any five of them with their clerk, which is hereby declared to be their quorum, to have a yearly general meeting within the burgh of Edinburgh upon the second Tuesday of each January, beginning their first general meeting upon the first Tuesday of the January next to come, and so forth yearly thereafter the said time and place for ever, and with power to them to carry at their said general meetings, or any other time they shall think fit, the badge following, which is hereby granted them as a distinction for, and sign of their said society, viz. a piece of gold or silver enamuled, or embroidery of gold or silver upon cloth or silk as they please, in form of a double star, having a circle within it, and a cloud in each side of the circle; out of which clouds there shall proceed from the dexter, an arm holding a sword pointing upwards; and from the sinister, another arm hoding a fleuret likewise pointing upwards, which crossing the sword about the middle, shall form a Saint Andrew's cross, above which there shall be a scroll with this inscription, Recreat & Propugnat; and upon the outer verge of the circle there shall be another inscription in larger characters, thus: Gladiatorum Scoticorum Societatis Regalis Symbolum; as also, with full power to them, of quorum of them foresaid at their general meeting, to elect a preses, treasurer, officers and what other members they shall think necessar for the right government of the said society; which members are hereby declared to continue for a year only, unless again elected at their next general meeting, and ordains annual elections to be then for that effect, and with power to the said preses, or and two of the said members with their clerk, to meet at any time they shall think it fit immediately after the date hereof, before the foresaid first general meeting, and from time to time between their saids general meetings as they shall see cause; and in case of the absence of their preses or clerk, with power to them or any three of them, to elect them for that time allenarly; which preses, clerk, and any two of the members of the society are hereby declared a quorum in these ordinary meetings, and with poer to the forenamed persons, or respective quorums of them above mentioned, wither at the saids general or particular meetings, to receive and admit into their said society, such persons as after trial they shall find qualfied, who when admitted, are hereby declared to have and enjoy the same privileges with the above named members; and also with power to them at their said meetings, to project, reason conclude upon, and enact such methods and regulations alwise consisting with our laws and acts of parliament, as they shall find convenient for promoting the art of the sword, and supporting of the said society; and particularly, with full power to them to cognoice upon, and determine all differences betwixt parties upon points of honour, for the more effectual preventing of duels. And in regard, several persons within this Kingdom do, or may hereafter usurp to teach the said art of the sword albeit nowise qualified, to the great prejudice of our subjects, therefore, Her Majesty with consent foresaid, grants full power to said society, or any quorum of them, to call before them all professors or teachers of the said art of the sword within the said kingdom, and to examine them, and take trial of their qualifications, and to admit or reject them as they shall see cause; and if admitted, they shall be thereafter reputed as qualified masters of that art, and be licensed to teach in such places of the said Kingdom where the said society shall think fit; and also with power to the said society or any quorum of them foresaid, to cause sieze upon and imprison any persons whatsomever, professing or teaching the said art within the said kingdom, who shall refuse to submit themselves to the foresaid trial ; and hereby grants warrant to the judge ordinary to whom such persons shall be delievered prisoners, to secure them in their prisons ay and while they find sufficient caution, that they shall submit themselves to the trial of said society within such a time as said society shall think fit; and also, that they shall not profess nor teach said art in all time hereafter within said Kingdom, without the special licance of the said society, under penalty of the sum of --- Scots money, to be paid by ilk one of the contraveners to the said soceity toties quoties. And moreover, Her Majesty with consent foresaid, gives and disposes to said society, all and sundry rights, liberties, privileges, freedoms and immunities, which are known, or competent to belong to that or any such like societies within the said kingdom, alse fully and freely, as if these privileges were specially insert thereuntil, and that the said society have a common seal to be appended by their clerk to all admissions, warrants, seals, licences and other writsto be granted by them concerning their said society, bearing the impression of the forementioned badge, and grants warrant to the Lion King at Arms, and his clerk and deputies, and all others concerned, to allow and matriculate the same.

This draught, together with the former act, which had been approved of in the committee Anno 1696, was delivered to a member of parliament, who was not only to present it, but also to give a short narrative of the progress had been made in it, especially by the approbation of the committee, to which it was remitted in the before-mention'd session of parliament: But as all sublunary designs as well as things, have their settled and appointed periods for being accomplished; so it seems this was not the time, when this most gentlemanly and honourable project should recieve its finishing stroke; for the parliament being taken up by affairs of the greatest consequence, particularly that of the union of the two kingdoms was the reason of this design, being only proposed toward the end of the session; so that there being at that time, and as it is alwise usual toward the rising of a parliament, a kind of hurry in business, the act could not be conveniently brought in, normoved, altho' the gentleman whom it was recommended, and who, as I said, was a member of parliament, did what he could is discretion for it.

Here is, you see, a most honourable, gentlemanly and useful publick project of several worthy and dextrous noblemen and gentlemen, for the encouragement of the art of the sword; and not a private design, or as some no well-wishers to the art, would have clandestinely and underhand insinuate; A monopoly to gratify some particular private persons: a most mean and ngentlemanly thought, and unworthy of any to propogate, who carries a sword by his side, far less the honourable persons already engaged in this most useful project; and which I am perswaded, could never be contrived or asserted by any, but such who being sensible of their gross ignorance in the art, did therefore dispair of ever having the honour of being admitted into the society.

For to give in a few words, a short view of the great benefit and advantage, which would redound to the subjects, particularly the gentry, of these islands, by such a Royal Society of brave and dextrous sword-men, were it once by law established.

FIRST, it would give great encouragement to the art, whereby a great many gentlemen, who are now-a-days, notwithstanding of its real use, somewhat averse to and careless about it, would be excited to follow it, and consequently be in a better capacity to defend their lives, either in a battel or private quarrel, especially if they follow this New Method of Fencing I have here discovered to them, than they could possibly formerly, either wholly or without any art, or I may freely say, even with the common method; which will be a means to save many a brave man's life, and consequently many good subjects; for let some people banter fencing as much as they please, not only as to its being no use in a battel, but even in a single engagement betwixt man and man; yet I do affirm and maintain, that the Art of Defence, as now rectified in this New Method, will not only be mos useful to prevent the bad consequences which commonly attend private quarrels by duelling; but also a great means to save many an officer or single soldier's life, when they come to a close engagement in a battel, sword in hand; and which in all probability they would have lost, had they not made use of the secure and excellent defence it furnishes them with, when performed with judgement, and especially if assisted by the dextrous use of the left hand, and secured by a good sword-proof gauntlet, as I proposed on page 177: than which, if the great benefit of them were once by a little use come to be known, nothing would be esteemed comparable to them for a ready defence in a closs engagement: But to bring so good and useful a defence into the army, must be the approbation and authority of a general, and not the advice of a private person; altho' I have judged it my duty to discover and propose it.

SECONDLY, such a society would prevent the lieges being hereafter imposed upon, by weak and ignorant professors, and teachers of the art; seing all such persons will, by the act establishing the society, fall under their jurisdiction, and they will certainly take care, that none be admitted as masters to teach the art within these islands, but such as shall be found duly qualified by them, and for which there will be no doubt, alwise in the society a competent number sufficiently capable, to make such masters undergo the tryal, which shall be required by the society of them; whether by examination, practice, or both.

I am fully perswaded, and dare confidently assert, that bad and ignorant teachers, with which these islands are but too well stor'd at present, have done more real prejudice, to the true art of defence, than all the pretended objections against it could ever possibly have done, had not such objections been seconded, and ina manner made good by the ill consequences of the bad teaching of some, and if I may so word it, too artificially nice instruction of others, which when put in practice, were found by the more judicious, to be a great deal more proper for diversion in a school assault, than for security and safety, withe in a single occasion, or when sareing in a close field battel; so that it is no great wonder, if this most useful art hath been of a long time discountenanced and condemned by many, and under, as it were, a knid of eclipse; but which will, I hope, be now retrieved, and by the assistance of this new, secure and excellent easie method of defence, I have here published, return to its ancient reputation and lustr, especially when encouraged by such a Royal Society.

THIRDLY, (and which is indeed the most glorious, because the most christian design of all), this Royal Society of sword-men, if once establised by law, and according to the terms of the preceeding act, will serve in place of a court of honour, wherein all points of honour, with relation to private quarrels between gentlemen, will be impartially determined, and the parties reconciled, which will, if not wholly, yet in a great measure, prevent duelling; wherein, god knows, how many brave young gentlemen lose their lives, in taking satisfaction, for many times pitiful and trifling quarrels, not worthy of a just and honourable resentment, and that meerly, upon the acount of no such wourt of honour being astablished by authority, to determine in matters betwixt disagreeing and quarreling persons; and who, were it once brought into fashion, would never decline either its authority or decision, but most calmly and willingly, (without thinking it the lest tash upon their honour,) succumb and comply with it: For the members of such a Royal Society, of sword-men being authorized by law, would lay down such methods, not only for taking up and removing, but also preventing all kinds of quarrels, that there would be scarcely any fall-out within these islands, but what would be immediately taken up and agreed by the mediators appointed in all parts, but especially in the great cities and towns, who would have thier particular commissions from the society for that effect; together also with a recommendation from the government to the justices of peace, and magistrates of the counties and towns, where such quarrels might happen, to concur with, and assist them, to secure the parties until they were reconciled, or a particular account of it sent to the society, in case of an obstinate refusal.

If such a noble and useful design now as this, should be brought about by the establishing of a Royal Society of sword-men, what a great honour it would be to those worth noblemen and gentlemen, who were the first contrivers of it and promoters of it in this kingdom? It would certainly be most honourable and glorious; for to be a merciful peace-maker, and to save, are heavenly and divine attributes, and can never be quarrell'd or condemned by any, who are convinced they have a soul to be saved, and which may come to paerish by being sent suddenly and unexpectedly into another world, by an unchristian as well as unlawful duel, and that only for lack of such an excellent preserver and protector of all true valour and honour, as this Royal Society, would infallibly prove to be, were it once established by an act of parliament, and effectually put into execution.

And yet this project how gentlemanly and useful so ever it might prove, had its enemies: But what man or design ever yet was there who wanted a set of such ill-wishing people to traduce and discourage them? However, I have indeed the charity to believe, that this proceeded more from their being out of humour, and dissatisfied that they were not amongst the first encouragers of it, than out of any malicious design to obstruct or frustrate its succeeding or taking effect had in been fully projected in plain parliament, which, as I said, could not possible be got done, because of the hurry and crowd of business, which was brought in towards the close of it.

This is a true impartial and short account of the first erection and design of our present society of sword-men in Scotland, together with the methods have been taken from time to time, to promote it; And I can say this with more confidence and certainty, being myself the first contriver, and one of the chief promoters of it all along, so far as it has yet advanced; and seeing as I have as a private gentleman, contributed what lay in my power, as well for the improvement of the art by writing, and giving instructions for it in several former pieces as well as this, as for promoting this most useful and honourable design of getting our society authorized by law: Of all which I do not in the least repent me (for it is below no gentleman who carries a sword to endeavour to propogate according to his power the knowledge and art of it) so I cannot but wish and expect that now, after the union of the two nations, some of our British nobility and gentry, who are well-wishers to the art, and who may ly nearer to the fountain of honour as well as of justice than it is probable WE may hereafter do, will generously take it off our hands, and cordially join in prosecuting this most useful design, by laying it before Her Majesty and the British parliament.

Neither is it to be doubted but Her Majesty and the representatives of these nations, which have acquired so much reknown and glory of late by the sword, will honour it by public act, and do some thing for the greater encouragement and promoting the most gentlemanly and useful art of it, which they can never do better, nor more effectually than by establishing by law, such a Royal Society of Sword-Men as is here proposed; and which in place of being called, as was formerly intended, The Royal Society of Sword-Men in Scotland, ought then to be named That of Great Britain; that as our hearts and interests are now by law, and I hope also cordially and sincerely united; so our swords may also be effectually joined as well for the disappointment and terror of our enemies, as well for the mutual support and defence of one another, so long as sun and moon shall endure.

I shall now come to the conclusion of this essay, wherein I shall endeavour to obviate, or rather resolve and answer some strong and plausible objections in appearance (tho indeed at bottom, but very frivolous) against this most gentlemanly and useful art, and which shall at present serve as a kind of encomium upon it, to excite young gentlemen not only to a more frequent practice of it, but also to a more careful and assiduous application of the excellent rules and instructions, which are here and there dispersed thorow this whole book, but more particularly collected and contain'd in that admirable abstract of the Sword-Man's vade mecum set doen in the sixth chapter, page 190, and that other in page 196, both of which I cannot too much recommend to the reader's making himself absolutely master of, by wholly relying upon them for his securest practice, as well as fixing them in his memory and judgement, for his more readily and easily making use of them upon an occasion; with which, the gentlest, best nature'd and most calm and temperate man alive, knows not how soon he may be misfortunately trysted.