History
Law and Order in the Abbey
The Abbey at Holyrood dates from around 1130, with its charter granting it the right to hold a court. [1] Like churches across the British isles the Abbey also offered sanctuary up to five miles in circumference around the Abbey, where people accused of crime and treason could flee to seek clemency and justice under the church court. [2] Those seeking sanctuary at the Abbey would go before the Bailie of Holyroodhouse who would sit in judgement.
By the 1500s the Palace of Holyrood had begun to be established adjacent to the Abbey. As time went by the palace saw more use as a royal residence where members of the aristocracy and foreign dignitaries would be entertained, and where the Scottish Parliament and Privy Council would occasionally meet. Given how close the Abbey and sanctuary area was to this increasingly important location it became necessary for a guard to protect the monarch and their guests from the potentially dangerous individuals seeking sanctuary within the Abbey. The first constables to protect the monarch and palace were so appointed in the 1500s. An Act of 1617 instructed that the Constables were to be "chosen across the country by the magistrates of each burgh". [3] Because of their age some have suggested the constables have claim to be considered the oldest law enforcement body still in existence.
Over time buildings were constructed next to the Abbey to house members of the upper class who sought sanctuary. One such building is the Abbey Strand. The tenants of these buildings were nicknamed 'Abbey Lairds' (one of the most famous being The Comte d’Artois later Charles X of France). Given the increasing population of the Abbey Sanctuary, and nature of the residents, the constables were soon required to enforce law and order within the precincts of the Palace and the Holyrood Abbey Sanctuary. [4] [5] [2]
Law and order at the Palace and Abbey would be split between the hereditary Keeper of the Palace of Holyroodhouse (the Duke of Hamilton), the Bailie of Holyroodhouse and the High Constables who would answer to the Bailie. The Keeper of the Palace of Holyroodhouse appoints the Bailie of Holyroodhouse, who is responsible for law and order within the Holyrood Abbey Sanctuary. The High Constables of Holyroodhouse are responsible to the Keeper and enforce the justice of the Bailie. The senior officer of the High Constables is called the Moderator. [6]
One of the historic duties of the High Constables is to assist and escort the Bailie as he undertakes to Perambulate the Bounds of the Abbey and its sanctuary, to ensure "no encroachments had taken place upon what has hitherto been known and ascertained as the boundaries of the Sanctuary". [7]
Guard of Honour
The High Constables of the Abbey had performed partially ceremonial duties as far back as at least 1825 where they met to escort the remains of the Duchess de Grammont, companion of Charles X of France, from the Royal Vault to a French frigate in Leith. They had also undertaken duties as Guard of Honour during visits of Queen Victoria and on earlier occasions. However, it wasn't until 1863 that the role of Guard of Honour of the Palace of Holyroodhouse came to be vested in them alone. The Bailie of the Abbey noted that the Constables had previously been reluctant to take on the role because it required the carrying of a halbert, but that they would from then on discontinue the use of the halbert and substitute it for the baton. The Captain of the Guard was maintained as a separate role to the Moderator of the High Constables, and when the High Constables undertake duties as the Guard of Honour they do so under the command of the Captain of the Guard, not the Moderator. [8]
After the Act of Union, Scottish peers could elect 16 of their number to sit as Scottish representative peer in the House of Lords at Westminster. The vote would take place at Holyrood Palace and the High Constables would ensure the peers were protected during the gathering, and that order was maintained during the election process. [9] Over the years many Peers questioned the necessity of the High Constables and Guard of Honour at the proceedings, which the Bailie responded provided "the dignity and orderliness of the proceedings". [10]
During the restoration of St Giles' in the 1880s, the High Constables donated a stained glass oriel window, in the south side-chapel. The window embodies the Royal Arms of Scotland, the arms of the Hereditary Keeper of the Palace of Holyroodhouse, symbolism of the Holyrood Abbey's founding legend, and insignia of the High Constables themselves. [11]
