An act for the more
effectual disarming the highlands in Scotland; and for the more
effectual securing the peace of the said highlands; and for restraining
the use of the highland dress; and for further indemnifying such persons
as have acted in the defence of His Majesty's person and government,
during the unnatural rebellion; and for indemnifying the judges and
other officers of the court of judiciary in Scotland, for not performing
the northern circuit in May, one thousand seven hundred and forty six;
and for obliging the masters and teachers of private schools in
Scotland, and chaplains, tutors and governors of children or youth, to
take the oaths to his Majesty, his heirs and successors, and to register
the same.
Whereas by an act made in
the first year of the reign of his late majesty King George the First,
of glorious memory, intituled, An act for the more effectual securing
the peace of the highlands in Scotland, it was enacted, That from and
after the first day of November, which was in the year of our Lord one
thousand seven hundred and sixteen, it should not be lawful for any
person or persons (except such persons as are therein mentioned and
described) within the shire of Dunbartain, on the north side of the
water of Leven, Stirling on the north side of the river of Forth, Perth,
Kincardin, Aberdeen, Inverness, Nairn, Cromarty, Argyle, Forfar, Bamff,
Sutherland, Caithness, Elgine and Ross, to have in his or their custody,
use, or bear, broad sword or target, poignard, whinger, or durk, side
pistol, gun, or other warlike weapon, otherwise than in the said act was
directed, under certain penalties appointed by the said act; which act
having by experience been found not sufficient to attain the ends
therein proposed, was further enforced by an act made in the eleventh
year of the reign of his late Majesty, intituled, An act for the more
effectual disarming the highlands in that part of Great Britain called
Scotland; and for the better securing the peace and quiet of that part
of the kingdom; and whereas the said act of the eleventh year of his
late Majesty being, so far as it related to the disarming of the
highlands, to continue in force only during the term of seven years, and
from thence to the end of the next session of parliament, is now
expired; and whereas many persons within the said bounds and shires
still continue possessed of great quantities of arms, and there, with a
great number of such persons, have lately raised and carried on a most
audacious and wicked rebellion against his Majesty, in favour of a
popish pretender, and in prosecution thereof did, in a traiterous and
hostile manner, march into the southern parts of this kingdom, took
possession of several towns, raised contributions upon the country, and
committed many other disorders, to the terror and great loss of his
Majesty's faithful subjects, until, by the blessing of God on his
Majesty's arms, they were subdued: now, for preventing rebellion, and
traiterous attempts in time to come, and the other mischiefs arising
from the possession or use of arms, by lawless, wicked, and disaffected
persons inhabiting within the said several shires and bounds; be it
enacted by the King's most excellent majesty, by and with the advice and
consent of the lords spiritual and temporal, and commons, in this
present parliament assembled, and by the authority of the same, That
from and after the first day of August, one thousand seven hundred and
forty six, it shall be lawful for the respective lords lieutenants of
the several shires above recited, and for such other persons as his
majesty, his heirs or successors shall, by his or their sign manual,
from time to time, think fit to authorize and appoint in that behalf, to
issue, or cause to be issued out, letters of summons in his Majesty's
name, and under his or their respective hands and seals, directed to
such persons within the said several shires and bounds, as he or they,
from time to time, shall think fit, thereby commanding and requiring all
and every person and persons therein named, or inhabiting within the
particular limits therein described, to bring in and deliver up, at a
certain day, in such summons to be prefixed, and at a certain place
therein to be mentioned, all and singular his and their arms and warlike
weapons, unto such lord lieutenant, or other person or persons appointed
by his Majesty, his heirs, of successors, in that behalf, as aforesaid,
for the use of his Majesty, his heirs or successors, and to be disposed
of in such manner as his Majesty, his heirs or successors shall appoint;
and if any person or persons in such summons mentioned by name, or
inhabiting within the limits therein described, shall, by the oaths of
one or more credible witness or witnesses, be convicted of having or
bearing any arms, or warlike weapons, after the day prefixed in such
summons, before any one or more of his Majesty's justices of the pease
for the shire or stewartry where such offender or offenders shall
reside, or be apprehended, or before the judge ordinary, or such other
person or persons as his Majesty, his heirs or successors shall appoint,
in manner herein after directed, every such person or persons so
convicted shall forfeit the sum of fifteen pounds sterling, and shall be
committed to prison until payment of the said sum; and if any person or
persons, convicted as aforesaid, shall refuse or neglect to make payment
of the aforesaid sum of fifteen pounds sterling, within the space of one
calendar month from the date of such conviction, it shall and may be
lawful to any one or more of his Majesty's justices of the peace, or to
the judge ordinary of the place where such offender or offenders is or
are imprisoned, in case he or they shall judge such offender or
offenders fit to serve his majesty as a soldier or soldiers, to cause
him or them to be delivered over (as they are hereby empowered and
required to do) to such officer or officers belonging to the forces of
his Majesty, his heirs or successors, who shall be appointed from time
to time to receive such men, to serve as soldiers in any of his
majesty's forces in America; for which purpose the respective officers
who shall receive such men, shall, then cause the articles of war
against mutiny and desertion to be read to him or them in the presence
of such justices of the peace, or judge ordinary, who shall so deliver
over such men, who shall cause an entry or memorial thereof to be made,
together with the names of the persons so delivered over, with a
certificate thereof in writing, under his or their hands, to be
delivered to the officers appointed to receive such men; and from and
after reading of the said articles of war, every person so delivered
over to such officer, to serve as a soldier as aforesaid, shall be
deemed a listed soldier to all intents and purposes, and shall be
subject to the discipline of war; and in case of desertion, shall be
punished as a deserter; and in the case such offender or offenders shall
not be judged fit to serve his majesty as aforesaid, then he or they
shall be imprisoned for the space of six calendar months, and also until
he or they shall give sufficient security for his or their good
behaviour for the space of two years from the giving thereof.
And be it further enacted
by the authority aforesaid, That if, after the day appointed by any
summons for the delivery up of arms in pursuance of this act, any arms,
or warlike weapons, shall be found hidden or concealed in any dwelling
house, barn, out-house, office, or any other house whatsoever, being the
residence or habitation of or belonging to any of the persons summoned
to deliver the up arms as aforesaid, the tenant or possessor of such
dwelling-house, or of the dwelling-house to which such barn, office, or
out-house belongs, being thereof convicted in manner above-mentioned,
shall be deemed and taken to be the haver and concealer of such arms,
and being thereof convicted in manner above-mentioned, shall suffer the
penalties hereby above enacted against concealers of arms, unless such
tenant or possessor, in whose house, barn, out-house, office, or other
house by them possessed, such arms shall be found concealed, do give
evidence, by his or her making oath, or otherwise to the satisfaction of
the said justices of the peace, judge ordinary, or other person
authorized by his Majesty, before whom he or she shall be tried, that
such arms were so concealed and hid without his or her knowledge,
privity, or connivance.
And be it further enacted
by the authority aforesaid, That if any person who shall have been
convicted of any of the above offences of bearing, hiding, or concealing
arms, contrary to the provisions in this act, shall thereafter presume
to commit the like offence a second time, that he or she being thereof
convicted before any court of justiciary or at the circuit courts, shall
be liable to be transported to any of his Majesty's plantations beyond
the seas, there to remain for the space of seven years.
And for the more effectual
execution of this present act, be it further enacted by the authority
aforesaid, That it shall be lawful to his Majesty, his heirs or
successors, by his or their sign manual, from time to time, to authorize
and appoint such persons as he or they shall think proper, to execute
all the powers and authorities by this act given to one or more justice
or justices of the peace, or to the judge ordinary, within their
respective jurisdictions, as to the apprehending, trying, and convicting
such person or persons who shall be summoned to deliver up their arms,
in pursuance of this act.
And to the end that ever
person or persons, named or concerned in such summons, may have due
notice thereof, and to prevent all questions concerning the legality of
such notice, it is hereby further enacted by the authority aforesaid,
That such summons notwithstanding the generality thereof, be deemed
sufficient, if it express the person or persons that are commanded to
deliver up their weapons, or the parishes, or the lands. limits, and
bounding of the respective territories and places, whereof the
inhabitants are to be disarmed as aforesaid; and that it shall be a
sufficient and legal execution or notice of the said summons, if it is
affixed on the door of the parish church or parish churches of the
several parishes within which the lands (the inhabitants whereof are to
be disarmed) do lie, on any Sunday, between the hours of ten in the
forenoon, and two in the afternoon, four days at least before the day
prefixed for the delivering up of the arms, and on the market cross of
the head burgh of the shire or stewartry, within which the said lands
lie, eight days before the day appointed for the said delivery of arms;
and in case the person or persons employed to affix the said summons on
the doors of the several parish churches, or any of them, shall be
interrupted, prevented, or forcibly hindered from affixing the said
summons on the doors of the said churches, or any of them, upon oath
thereof made before any of his Majesty's justices of the peace, the
summons affixed on the market cross of the said head burgh of the shire
or stewartry as aforesaid, shall be deemed and taken to be a sufficient
notice to all the persons commanded thereby to deliver up heir arms,
within the true intent and meaning, and for the purposes of this act.
And to the end that there
may be sufficient evidence of the execution, or notice given of the
summons for disarming the several persons and districts, as aforesaid,
be it further enacted by the authority aforesaid, That upon the elapsing
of the said several days to be prefixed for the delivering up arms, the
person or persons employed to fix the summons, as above mentioned, on
the market cross of the head burghs of any shire or stewartry, shall,
before any one of his Majesty's justices of the peace for the said shire
or stewartry, make oath, that he or they did truly execute and give
notice of the same, by affixing it as aforesaid; and the person or
persons employed to affix the said summons on the doors of the parish
church or parish churches, shall make oath in the same manner, and to
the same effect, or otherwise shall swear that he or they were
interrupted, prevented, or forcibly hindered from affixing the said
summons as aforesaid; which oaths, together with copies or duplicates of
the summons, to which they severally relate, shall be delivered to the
sheriff or steward clerk of the several shires or stewartries within
which the persons intended to be disarmed do live and reside, who shall
enter the same in books, which he and they is and are hereby required to
keep for that purpose; and the said books in which the entries are so
made, or extracts out of the same, under the hand of the sheriff or
steward clerk, shall be deemed and taken to be full and complete
evidence of the execution of the summons, in order to the convictions of
the persons who shall neglect and refuse to comply with the same.
And be it further enacted
by the authority aforesaid, That if any such sheriff or steward clerk
neglect or refuse to make such entry as is above mentioned, or shall
refuse to exhibit the books containing such entries, or to give extracts
of the same, being thereto required by any person of persons who shall
carry on any prosecutions in pursuance of this act, the clerk so
neglecting or refusing shall forfeit his office, and shall likewise be
fined in the sum of fifty pounds sterling; to be recovered upon a
summary complaint before the court of session, for the use of his
Majesty, his heirs or successors.
And be it further enacted
by the authority aforesaid, That it shall and may be lawful to and for
the lord of any of the shires aforesaid, or the person or persons
authorised by his Majesty, his heirs or successors, as aforesaid, to
summon the person or persons aforesaid to deliver up his or their arms,
in manner above mentioned, or to and for any justice of the peace of the
respective shires above mentioned, or to such person or persons as shall
be authorised by his Majesty, his heirs or successors, for trying
offences against this act, to authorise and appoint such person or
persons as they think fit to apprehend all such person or persons as may
be found within the limits aforesaid, having or wearing any arms, or
warlike weapons, contrary to law, and forthwith to carry him or them to
some sure prison, in order to their being proceeded against according to
law.
And be it further enacted
by the authority aforesaid, That it shall and may be lawful to and for
his Majesty, his heirs and successors, by warrant under his or their
royal sign manual, and also to and for the lord lieutenant of any of the
shires aforesaid, or the person or persons authorized by his majesty to
summon the person or persons aforesaid to deliver up their arms, or any
one or more justices of the peace, by warrant under his or their hands,
to authorize and appoint any person or persons to enter into any houses,
within the limits aforesaid, either by day or by night, and there to
search for, and to seize all such arms as shall be found contrary to the
direction of this act.
Provided, That if the
above-mentioned search shall be made in the night-time, that is to say,
between sun setting and sun rising, it shall be made in the presence of
a constable, or of some person particularly to be named for that purpose
in the warrant for such search, and if any persons, to the number of
five or more, shall at any time assemble together to obstruct the
execution of any part of this act, it shall and may be lawful to and for
every lord lieutenant, deputy lieutenant, or justice of the peace where
such assembly shall be, and also to and for every peace office within
any such shire, stewartry, city, burgh, or place where such assembly
shall be, and likewise to and for all and every such other person or
persons, as by his Majesty, his heirs or successors, shall be authorized
and appointed in that behalf as aforesaid, to require the aid and
assistance of the forces of his Majesty, his heirs or successors, by
applying to the officer commanding the said forces (who is hereby
authorized, impowered, and commanded to give such aid and assistance
accordingly) to suppress such unlawful assembly, in order to the putting
this act in due execution; and also to seize, apprehend, and disarm, and
they are hereby required to seize, apprehend, and disarm such persons so
assembled together, and forthwith to carry the persons so apprehended
before one or more of his Majesty's justices of the peace of the shire
or place where such persons shall be so apprehended, in order to their
being proceeded against, for such their offences, according to law; and
if the persons so unlawfully assembled, or any of them, or any other
person or persons summoned to deliver up his or their arms in pursuance
of this act, shall happen to be killed, maimed, or wounded in the
dispersing, seizing, or apprehending, or in the endeavouring to
disperse, seize, or apprehend, by reason of their resisting the persons
endeavouring to disperse, seize, and apprehend them; then all and every
such lord lieutenant, justice or justices of the peace, or any peace
officer or officers, and all and every person or persons, authorized and
appointed by his Majesty, his heirs or successors, in that behalf, as
aforesaid, and all persons aiding and assisting him, them, or any of
them, shall be freed, discharged, and idemnified, as well against the
King's majesty, his heirs and successors, as against all and every other
person and persons. of, for, or concerning the killing, maiming, or
wounding any such person or persons so unlawfully assembled, that shall
be killed, maimed, or wounded as aforesaid.
And be it enacted by the
authority aforesaid, That if any action civil or criminal, shall be
brought before any court whatsoever, against any person or persons for
what he or they shall lawfully do in pursuance or execution of this act,
such court shall allow the defendant the benefit of discharge and
idemnity above provided, and shall further discern the pursuer to pay to
the defender the full and real expences that he shall be put to by such
action or prosecution.
Provided nevertheless, and
be it enacted by the authority aforesaid, That no peers of this realm,
nor their sons, nor any members of parliament, nor any persons or
persons, who, by the act above recited of the first year of his late
Majesty, were allowed to have or carry arms, shall by virtue of this act
be liable to be summoned to deliver up their arms, or warlike weapons;
nor shall this act, or the above creited act, be construed to extend to
include or hinder any person, whom his Majesty, his heirs or successors,
by licence under his or their sign manual, shall permit to wear arms, or
who shall be licenced to wear arms by any writing or writings under the
hand and seal, or hands and seals of any person or persons authorized by
his Majesty, his heirs or successors, to give such licence, from
keeping, bearing, or wearing such arms, and warlike weapons as in such
licence or licences shall for that purpose be particularly specified.
And to the end that no
persons may be discouraged from delivering up their arms, from the
apprehension of the penalties and forfeitures which they may have
incurred, through their neglecting to comply with the directions of the
said act of the first year of his late Majesty's reign, be it further
enacted by the authority aforesaid, that from and after the time of
affixing any such summons as aforesaid, no person or persons residing
within the bounds therein mentioned, shall be sued or prosecuted fir his
or their having, or having had, bearing, or having borne arms at any
time before the several days to be prefixed or limited by summons as
aforesaid, for the respective persons and districts to deliver up their
arms; but if any person or persons shall refuse or neglect to deliver up
their arms in obedience to such summons as aforesaid, or shall
afterwards be found in arms, he and they shall be liable to the
penalties and forfeitures of the statute above recited, as well as to
the penalties of this present act.
And be it further enacted
by the authority aforesaid, That one moiety of the penalties imposed by
this act, with respect to which no other provision is made, shall be to
the disposal of the justices of the peace, judge ordinary, or other
person authorized by his Majesty as aforesaid, before whom such
convictions shall happen, provided the same be applied towards the
expence incurred in the execution of this act.
And be it further enacted
by the authority aforesaid, That the above provisions in this act shall
continue in force for seven years, and from thence to the end of the
next session of parliament, and no longer.
And be it further enacted
by the authority aforesaid, That from and after the first day of August,
one thousand seven hundred and forty seven, no man or boy, within
that part of Great Briton called Scotland, other than shall be employed
as officers and soldiers in his Majesty's forces, shall on any pretence
whatsoever, wear or put on the clothes commonly called Highland Clothes
(that is to say) the plaid, philibeg, or little kilt, trowse, shoulder
belts, or any part whatsoever of what peculiarly belongs to the highland
garb; and that no tartan, or partly-coloured plaid or stuff shall be
used for great coats, or for upper coats; and if any such person shall
presume, after the said first day of August, to wear or put on the
aforesaid garments or any part of them, every such person so offending,
being convicted thereof by the oath of one or more credible witness or
witnesses before any court of justiciary, or any one or more justices of
the peace for the shire or stewartry, or judge ordinary of the place
where such offence shall be committed, shall suffer imprisonment,
without bail, during the space of six months, and no longer; and being
convicted for a second offence before a court of justiciary or at the
circuits, shall be liable to be transported to any of his Majesty's
plantations beyond the seas, there to remain for a space of seven years.
And whereas by an act made
in this session of parliament, intituled, An act to indemnify such
persons as have acted in defence of his Majesty's person and government,
and for the preservation of the publick peace of his kingdom, during the
time of the present unnatural rebellion, and sheriffs and others who
have suffered escapes, occasioned thereby, from vexatious suits and
prosecutions, it is enacted, That all personal actions and suits,
indictments, informations, and all molestations, prosecutions, and
proceedings whatsoever, and judgements thereupon, if any be, for or by
reason of any matter or thing advised, commanded, appointed, or done
during the rebellion, until the thirtieth day of April, in the year of
our lord one thousand seven hundred and forty six, in order to suppress
the said unnatural rebellion, or for the preservation of the publick
peace, or for the service or safety of the government, shall be
discharged and made void; and whereas it is also reasonable, that acts,
done for the pubkick service, since the said thirtieth day of April,
though not justifiable by the strict forms of law, should be justified
by act of parliament; be it enacted by the authority aforesaid, That all
personal action and suits, indictments and informations, which have been
or shall be commenced or prosecuted, and all molestations, prosecutions,
and proceedings whatsoever, and judgements thereupon, if any be, for or
by reason of any act, matter, or thing advised, commanded appointed, or
done before the twenty fifth day of July in the year of our Lord one
thousand seven hundred and forty six, in order to suppress the said
unnatural rebellion, or for the preservation of the publick peace, or
for the safety or service of the government, shall be discharged and
made void; and that every person, by whom any such act, matter, or thing
shall have been so advised, commanded, appointed, or done for the
purposed aforesaid, or any of them, before the said five and twentieth
day of July, shall be freed, acquitted, and indemnified, as well against
the King's majesty, his heirs and successors, as against all and every
other person and persons; and that if any action or suit hath been or
shall be commenced or prosecuted, within that part of Great Briton;
called England, against any person for any such act, matter, or thing so
advised, commanded, appointed, or done for the purposes aforesaid, or
any of them, before the said twenty fifth day of July, he or she may
plead the general use, and give this act and the special matter in
evidence; and if the plaintiff or plaintiffs shall become nonsuit, or
forbear further prosecution, or suffer discontinuance; or if a verdict
pass against such plaintiff or plaintiffs, the defendant or defendants
shall recover his, her or their double costs, for which, he she or they
shall have the like remedy, as in cases where costs by law are given to
defendants; and if such action or suit hath been or shall be commenced
or prosecuted in that part of Great Briton, called Scotland, the court,
before whom such action or suit hath been or shall be commenced or
prosecuted , shall follow to the defender the benefit of the discharge
and indemnity above provided, and shall further discern the pursuer to
pay the defender the full and real expences that he of she shall be put
to by such action or suit.
And whereas by an act
passed in the sixth year of her late Majesty Queen Anne, intituled, An
act for rendering the union of the two kingdoms more entire and
complete; it is, amongst other things, enacted, That circuit courts
shall be holden in that part of the united kingdom called Scotland; in a
manner, and at the places mentioned in the said act; and where by the
late unnatural rebellion, the course of justice in Scotland has been so
interrupted, as rendered it impracticable to give up and transmit
presentments, in such due time as prosecutions might thereupon commence,
before the northern circuit, to be holden in May this present year,
whereby there appeared a necessity of superseding the said circuit; be
it therefore enacted by the authority aforesaid, That the judges of the
court of justiciary, and all and every other person and persons therein
concerned, are hereby indemnified for their not performing the said
circuit, as by the forecited act they were obliged to do; any thing in
the same act, or in any other law or statute to the contrary
notwithstanding.
And whereas a doubt hath
arisen with respect to the shire of Dunbartain, what proof thereof was
intended to be disarmed by the first recited act made in the first year
of his late Majesty King George, and intended to be carried into further
execution by the present act; be it enacted by the authority aforesaid,
That such parts of the said shire of Dunbartain, as lie upon the east,
west and north sides of Lochlomond, to the northward of that point where
the water of Leven runs from Lochlomond, are and were intended to be
disarmed by the aforesaid act, and a comprehended and subject to the
directions of this act.
And whereas it is of great
importance to prevent the rising generation being educated in
disaffected or rebellious principles, and although sufficient provision
is already made by law for the due regulation of the teachers in four
universities, and in the publick schools authorized by law in the royal
burghs and country parishes in Scotland, it is further necessary, that
all persons who take upon them to officiate as masters or teachers in
private schools, in that part of Great Briton called Scotland, should
give evidence of their good affection to his Majesty's person and
government; be it therefore enacted by the authority aforesaid, That
from and after the first day of November, in the year of our Lord one
thousand seven hundred and forth six, it shall not be lawful for any
person in Scotland to keep a private school for teaching English, Latin,
Greek, or any part of literature, or to officiate as a master or teacher
in such school; or any school for literature, other than those in
universities, or established in the respectively royal burghs, by
publick authority, or the parochial schools settled according to law, or
the schools maintained by the society in Scotland for propogating
christian knowledge, or by the general assemblies of the church of
Scotland, or committees thereof, upon the bounty granted by his Majesty,
until the situation and description of such private school be first
entered and registered in a book, which shall be provided and kept for
that purpose by the clerks of the several shires, stewartries, and
burghs in Scotland, together with a certificate from the proper officer,
of every such master and teacher having qualified himself, by taking the
oaths appointed by law to be taken by persons in offices of publick
trust in Scotland; and every such master and teacher of a private school
shall be obliged, and is hereby required, as often as prayers shall be
said in such school, to pray, or cause to be prayed for, in express
words his Majesty, his heirs and successors, by name, and for all the
royal family; and if any person shall, from and after the said first day
of November, presume to enter upon, or exercise the function or office
of a master or teacher of any such private school as shall not have been
registered in manner herein directed, or without having first qualified
himself, and caused the certificate to be registered as above mentioned;
or in case he shall neglect to pray for his Majesty by name, an all the
royal family, or to cause them to be prayed for as herein directed; or
in case he shall resort to, of attend divine worship in any episcpal
meeting-house not allowed by law; every person so offending in any of
the premisses, being thereof lawfully convicted before any two or more
justices of the peace, or before any other judge competent of the place
summarily, shall for the first offence, suffer imprisonment for the
space of six months; and for the second, or any subsequent offence,
being thereof lawfully convicted before the court of justiciary, or in
any of the circuit courts, shall be adjudged to be transported, and
accordingly shall be transported to some of his Majesty's plantations in
America for life; and in case any person adjudged to be so transported
shall return into, or be found in Great Briton, then every such person
shall suffer imprisonment for life.
And be it further enacted
by the authority aforesaid, That if any parent or guardian shall put a
child or children under his care to any private school that shall not be
registered according to the directions of this act, or whereof the
principal master or teacher shall not have registered the certificate of
his having qualified himself as herein directed, every such parent or
guardian so offending, and being thereof lawfully convicted before any
two or more justices of the peace, or before any other judge competent
of the place summarily, shall, for the space of three months.
Thanks to Collin King for sending this to us