Act, 27 December 1694, Edinburgh

Att Edinburgh the threttienth day of February J^aj vi^c nyntie four yeers

A1694/2/23

A1694/2/23¹

Procedure

Letters of publication of the Commissione for the peace of the Highlands

The letters of publicatione of the Commission underwryten under the great seall of this kingdome for securing the peace of the Highlands was this day redd approven and signed and appoynted to be recorded off which Letters of publicatione and Commission the tenor folloues
William and Mary by the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To our Lyon King at armes and his Brethreen Heraulds macers of our privie Councill pursevants messengers at armes our Shirreffs In that part Conjunctlly and severally specially Constitut Greeting Forasmuchas for the more effectuall suppressing of the depradationes and robberies so frequently Committed in the Highlands and the shyres nixt adjacent therto To the prejudice and ruine of many of our good subjects and to the reproach of the Laues and government of the kingdome We have Granted a Commissione of Justiciary to the persones therinnamed with severall pouers therinmentioned wherby the tenor Folloues William and Mary by the Grace of god King and Queen of Great Brittaine France and Ireland Defenders of the faith To all and sundrie our Loving good subjects to whom these presents shall Come Greeting Forasmuch as we for punishing and Repressing of thifts depredations Robberies sornings and the Lyke Crymes and disordors within the bounds of the Highlands And for the better setling Justice peace and good ordor ther and In all the neighbouring bounds within the shyres of Caithness Southerland Ross Inverness Cromartie Nairne Elgine Banff Aberdeen Kincairden Forfar Perth Stirling Dumbrittaine and others adjacent Have thought fitt By vertue of our prerogative royall Declared in parliament to Grant the Commissione of Justiciary follouing to the persones afternamed To whom also the Earle of Argyll and others having heretable right of Justiciary within the bounds of their respective Jurisdictiones Have granted their Commissiones for their respective bounds in Lyke manner To the effect that the saids Commissioners being thus off Consent fully Impoured may Act and proceed more effectually for the ends abovementioned Conforme to the said Act of parliament And Therfore wee doe heirby Grant full pouer authority and Commissione express Bidding and Charge to our Justice Generall Justice Clark and Commissioners of Justiciary And to the Earle of Southerland The Lord Strathnaver Lord Lovatt The Earle of Breadalbane, Lord Murray the Lord Ruthven the Lord Rollo the Earle of Argyll […] Sinclar of Dumbeath William Dumbar of Hempriggs Sir George Sinclar of Clyth Mr John Campbell Commissar of Caithness William Campbell shirreff Clark of Caithness Sir John Gordon of Enbon Adam Gordon of Dallfollie […] Sinclar off Bronzie Mr John Gordon of Carrell Kenneth Mckenzie Laird of Cromartie Alexander Urqwhart of Newhall David Ross of Balnagoune Sir John Monroe of Foullis Hugh Monroe younger of Teuingeith Sir Donald Bayne of Tulloch Mr Alexander younger of Dachmalinack Sir Alexander Mckenzie of Coull Mr Simon Mckenzie of Tererder Collin Mckenzie of Reidcastle Alexander Chisholme Baillie to the Lord Lovatt Duncan Forbes of Culloden George Curbet of Castlehill Æneas McIntosh of Killochie […] McIntosh of Aberdrder The Laird of McIntosh Farqwhar McLiver of Dunvaglass The Laird of Grant Mr David Polsone of Kimmilness John Grant of Corimony Hugh Ross of Kilraock George Brody of Meins Mr Alexander Ross of Clova The Laird of Calder younger David Brodie of Lethon The Laird of Brodie […] Dumbar of Dumfoull Alexander Cumming of Altyre Sir Robert Gordon of Gordonstoune […] Dumbar of Grainge younger William Duff of Diple Archbald Grant of Ballingtomb James Grant of Galloway Sir James Ogilvie of Churchhill Sir James Abercrombie of Birkenbog Alexander Duff of Brecko Mr Frances Grant younger of Ballingtombe John Andersone of Westertoune Walter Grant of Ardendile John Grant of Easterechches Alexander Duff of Dunmore Charles Gordon of Glengaroch […] Forbes of Craigivar younger […] Forbes of Mains elder […] Forbes of Eight […] Lesly of Kincraigie David Forbes of Lesly Sir James Gordon of Lessmore Archibald Forbes of Lilehood Mr John Innes of Touie Mr Patrick Andersone of Miltoune Donald Farqwharsone of Monaltrie […] Farqwharsone of Plungard Mr Arthur Farqwharsone of Cults Sir Thomas Burnet of Leyes Mr James Falconer of Phesdoe The Laird of Allardyce of that ilk […] Scott of Benholme Sir David Carnegie of Pittarrow Alexander Duncan of Lundie Mr Patrick Carnegy of Louer […] Lyon of Oile Easter […] Milne of Bevillo […] Scott of Logie […] Lyon of Oigle Wester Thomas Hay of Ballhousie Sir Alexander Menzies of Weymes Adam Drumond of Meginsch Robert Steuart of Alverleuchill Elder Robert Steuart of Alverleuchill younger James Steuart of Alcourstoune Alexander Spittle of Leuchet Archibald Naiper of Bowchaple James Ramsay of Bamff Mr Leonard Robertsone of Straloch […] Mercer of Clevege James Menzies of Culdares […] Campbell of Kinloch James Ogilvie of Cluny Robert Mculloch of Dallmungo […] Herron of Kellie […] Ogilvie of Keltie […] Stirline of Ardoch […] Erskine of Alva […] Naiper of Killreach John Cunynghame of Balldalloch […] Cunynghame younger of Buqwhane Sir Alexander Livingstoun of Glenterren James Hepburne of Menstrie John Keirie of Gogar William Stirline of Harbertshyre […] Abercrombie of Tillibody […] Lenox younger of Woodhead Alexander Monro of Bearcrofts Sir Wimphrey Collqwhoun of Luss […] Craufurd of Culburnie The Laird of Killmaronock Archbald Mcalay of Ardincaple […] Buntein younger of Airdoch Mr James Smallet of Bonnhill Claud Hamilton of Barns […] Stirline of Law William Collqwhoune of Craigtoune Major Bountein Governour of Dumbrittaine castle […] Mcfarlane of Erchore younger Sir Coline Campbell of Ardkinglass Sir Duncan Campbell of Auchinbreck Sir John Campbell of Carrick Archbald Campbell of Innernaul Alexander Campbell of Balcardine Alexander Campbell of Lochnell Donald Campbell bailie of Mckairnie Alexander Campbell of of² Kilmairtoune George Campbell younger of Craigness Collonell John Hill governour of Fort William or the Depute therof and Cameron of Glendichrie Conjunctly and severally to pursue Follou take apprehend Imprisone and present to Justice all persons uithin the said shyres of Caithness Southerland Ross Inverness Cromartie Nairn Elgine Banff Aberdeen Kincairden Forfar Perth Stirline Dumbrittaine and others adjacent Excepting from the saids Shyres such bounds within the same as belongs to the Earle of Argyll […] Their right and pouer of Justiciary And for which they have Granted their respective Commissiones In manner abovementioned guiltie or suspect to be guiltie of theft resett of theft robberies depredationes sornings thiggings exacting of Blackmaill or any other oppresiones Bangastrie masterfull or minacing Exactiones with Intercomuned persones murthers Menslaughters Harbouring or resetting of outlaues fugitives hounding out or ratihabiting theives Robbers sorners or others guiltie of the forsaids Crymes And in caise the saids persones Cannot be apprehended and presented to Justice we heirby Give warrand to the saids Commissioners or any tuo of them to Issue furth precepts direct to shirreffs officers steuarts Baillies Majors or Constables to Charge them to Compear before the saids Commissioners or any fyve of them who are heirby declared to be a quorum att the nixt Justice Court to be holden by them In maner after mentioned And wher ther is not already a sufficient number of shirreff officers and other officers with pouer to the saids Commissioners or any tuo of them to appoint officialls in all the Highland paroches which officialls are to have the same pouer given to Constables by the Act of parliament in the year i66i And who are to Give ane account on all occasiones to the nixt adjacent Commissioners And to Cite before them all persons uithin the saids Bounds malae famae and suspect to thift Correspondence uith theives or of any other of the Crymes abovementioned that they may be secured and tryed by ane assyze and be aither purged by ane assyze or punished And furder if need requyre to find sufficient Cautione and to declare that a Citation to be used at the mercat Cross of the head burgh of the shyre wher they have most frequently haunted against the saids theives their Resetters and others guiltie of the Crymes aforsaid who have noe duelling houses To Compear before the saids Commissioners shall be as sufficient as they were personally Charged In regaird of the uncertainty of their residence and difficultie of access to them And wher they have places of residence they are to be Cited personally or at their duelling houses If ther be intus accessus and if not at the head burgh of the shyre wher they duell with pouer to the saids Commissioners or any quorum of them to fence or hold Courts of Justice wherin the Justice Generall Justice Clark or any Lord of Justiciary being present is to preside or in their absence any other who shall be chosen by the Court at such tymes and places as they shall think most Convenient or expedient To Creat Fiscalls serjants Dempsters and all other members of Court except Clerks who are to be appointed by the Justice Clerk wherin if he faill The saids Commissioners or any quorum of them are heirby Impoured to Choise as also to regulat the pryces and Collect the abuses of their Clarks whither appointed by the Justice Clark or chosen by themselves with pouer to the saids Commissioners or any quorum of them to Cite witnesses to Call persons to pass upon Inquest out of any six paroches adjacent to the place wherin they hold their Court absent witnesses and assyzers to unlaw and amerciat The unlaues and amerciaments to uplift and exact To be applyed by the saids Commissioners for defraying some pairt of the expensses and fees of the Commissioners and Members of Court And in the saids Courts to Call the persons aither Cited or Imprisoned as guilty or suspect to be guiltie of the forsaids Crymes or any of them And to declare such as are absent fugitives from our Laues and to Issue furth their precepts for denuncing them rebells and putting them to our horne and ordaining all their moveabill goods to be Escheat and Inbrought to our use for their Contempt and disobedience And such as shall Compear and shall be brought before them as prisoners to putt them to tryall and the knouledge of ane Assyze And according as they shall be found Innocent or guiltie That they Cause Justice be done upon them Conforme to the Laues and Acts of parliament of our said realme provyding alwayes that when any Landed man Is Cited or brought before the saids Commissioners as guiltie or suspect to be guilty of the Cryme of thift or reset of thift If he Compear and be putt to the knouledge of ane Inquest The saids Commissioners or such of them shall happen to sitt for the tyme shall before pronuncing of sentence Condemnator aither as to Life or Limb be obleidged to report the state of the process to the Lords of our privie Councill That they may Give such directiones therin as they shall think fitt But if they Compear not and be declared fugitive That their moveabills be Intromitted with and escheated as other fugitives And we doe heirby give pouer and Commissione to the saids respective Commissioners to Intromitt with receave and uplift the escheat goods of such as shall be declared fugitives In manner forsaid To be applyed for defraying ane pairt of the expensses of the saids Commissioners and members of Court in the executione of our Commissione with pouer to them to nominat and appoint Collectors of the same and for ordoring the decrees and sentences of our saids Commissioners the more firme and effectuall to the obtainers therof and for their farder Encouragement to administrat to Justice to our good subjects and to secure the peace of the Country uithin their respective bounds It is our express will and pleasure And we doe heirby strictly Requyre and Command The decreets acts and sentences to be pronunced by them In manner forsaid to be putt in all due and Laufull executione prohibiting heirby and discharging the Lords of our privie Councill Lords of Session or Lords of Justiciary to pass any bills of advocatione or suspensione or to Grant any sists of procedure or executione of their saids decreets or sentences upon any Ground or pretence whatsomever unless the said suspensione sist or advocatione be first cognosced and granted by a quorum of Councill And for the further Inabling of the saids Commissioners in the executione of their trust and that their Indeavoures may prove the more effectuall for the rooting out all thifts and robberies we doe allow and approve that att their first meeting or any other meeting or meetings that they shall Judge Convenient They sumond before them all heretors Liferenters uoodsetters present possessors of any Lands or estate uithin the highlands of the forsaids shyres and exact from them true Lists of all men above tuelve years of age that Live upon their³ Lands whom upon Citation they are to present when they are Called That security may be taken off⁴ them for their future peacable deportment and that these for whom noe security can be had may be disposed off by the Commissioners so as they may noe more be a trowble to the peace of the Country And if any of the saids Heretors or others abovementioned appear not or refuise to Give up Lists or give up untrue ones Then and that caise we ordaine That aither they be proceeded against as absents or as Harbourers or Resetters of theives and outlauers And we heirby appoint the first meeting of the Commissioners to be at Inverlochie upon the thretteinth day of March nixt to Come And ther to hold Court Continow adjurne and appoint new dyetts as they shall think expedient And to the effect their meetings may be the more exact and better Calculat for dispatch of Bussiness but without derogatione of the pouer already given to the saids Commissioners when necessary to Conveen themselves we heirby nominatt tuo of the abovenamed persones to be Conveeners of the rest in each district according to the divisione aftermentioned viz For the north district Including the shyres be north Spey The Lord Lovatt and the Laird of Grant And for the East district Including the shyres of Bamff Aberdeen, Kincairden and Forfar Mr James Falconer of Phesdoe one of senators of the Colledge of Justice and […] Forbes of Craigievarr And for the south and west district Including the shyres of Perth Stirline and Dumbattane The Lord Murray and the Earle of Breadalbane with pouer to each of these Conveeners to name and Depute In caise of absence which Conveeners are to appoint the most Convenient tymes and places for the rest of the Commissioners or at Least a Quorum of them to meet at Heirby Lykewise requyring such as are also called to give attendance and not to be absent unless upon relevant grounds and wherof They are to Certifie the Conveeners under the paine of Losing their shares of the authority and trust heirby Committed to them And sicklyke the saids Commissioners are heirby ordained to advertise the respective Commissioners to attend the Generall meetings as they shall be appointed which wee ordaine to be ance in the year at Least at Inverlochie or Perth or Forfar allouing also notwithstanding of the divisione heirby made in particular districts That all persones named in this present Commissione Have right and pouer to Act as Commissioners and sitt as Judges In any Justice Court holden by vertue heirof as well without the district wher they Live as uithin the same And with pouer to the saids Commissioners or any one⁵ of them In case of convocationes or open depredationes to Call and requyre our Leidges to their assistance and Give uarrand to pursue any fugitives within the saids shyres for apprehending them and presenting them to Justice As also to requyre all shirreffs steuarts Baillies of regalities Royalties and Barronies to be aiding and assisting to them therin as they shall be requyred by the saids Commissioners or any one of them for apprehending fugitives and recovering goods taken by her shipps and depredationes wherin they are not to faill as they shall be ansuerable upon their deuties and offices And the saids shirreffs and other Judges ordinary are ordained not only to Give Concurrence and aid to the saids Commissioners as they shall be requyred But to affoord to them prisone houses in burghs and Court houses for keeping their meetings And upon all occasiones The saids shirreffs and magistrats of burghs royall are heirby ordered to receave any prisoners sent to them by the saids Commissioners or any off them uith a Mittimus under their hand for that effect And keep and detaine them In sure prisone untill they be brought to a Legall tryall or dismissed by ordor of a quorum of the saids Commissioners in wryte And if it should happen them to fly out all the saids shyres They are to Acquant the Judges ordinary of the shyres to which the flie who are heirby ordained to apprehend or pursue them out of their Jurisdictione And to the effect that such transgressors may be nottourly knouen The Commissioners who shall declare any fugitives shall make Intimatione of their names and designationes designations to the Clarks of privie Councill That the same may be printed and published to the shirreffs of the nixt adjacent shyres to the place wher such a Court is holden and the shirreffs are to Cause Intimat the same at the paroch uithin the respective Jurisdictiones that noe persons presume to resett supply or harbour them And we doe heirby appoint that the Clerks to the respective Courts shall Give ane account to the Clarks of our privie Councill what persons are condemned and what persons declared fugitives and that tuyce in the year once in the month of May and another in the month of September That the Lords of our privie Councill may know the Conditione of these Shyres and what dilligence these Commissioners use In the prosecutione of this their Commissione And farder for defraying the Commissioners Charges we doe authorize and allow them to decerne for and to add a tenth pairt to each Lybell and decreet pronunced by them which tenth pairt is to be payed to the saids Commissioners by the defenders and their Landlords and Cheiffs In caise they succumb In the Cause and by the pursuars In caise the defendars be assoillzied And we doe heirby Requyre the Commanders of our forces the Governour of Inverlochie and Commandants of particular Garrisones to give pairties of Horse or foot from tyme to tyme to attend the saids Commissioners as they shall be advertised by the Commissioners that are to hold them As also the said Governour or any officer of his Commanding in Lesser posts are heirby requyred to Give Concurrence at poyndings and to Convoy the Goods soe poynded out of dainger and deforcement and that uithout any reuard As also to apprehend and seize any persone or persones Contained In Lists to be Given in to them by the saids Commissioners And Lykewayes we doe heirby appoint Collonell John Hill and Leivtennent Collonell Hamiltone his deputy Governour at Inverlochie and faillzeing of them The persons succeeding to them in their saids Charges to be members of this present Commissione allouing the said Governour to discharge the deuty of a Conveener if need be and for making distinctione betuixt peacable and honest men and theives and broken persons noe persone Living uithin any part of the Highlands of the said shyres are to bring any Coues or horses to any mercat uithout a testificat in wrytt from a Landed man Bearing the Number of the beasts the name and place off residence of the Drover and attesting that they are Leilly Come under the paine of seizure and Confiscatione therof as stollen Goods And if some such testificats should be Granted and afteruards it be found that any of the saids Beasts should be stollen The Landed man attester shall be Lyable as if he were guiltie In so farr as extends to restitutione and damnage And what the Law provyds without any favour And masters and Magistrats who have pouer of mercatts and Clarks therof are heirby discharged to permitting beasts to be sold or bought att any mercatts till the seller delyver to him his said testificat with Certificatione that the Magistrats master or Clark of the mercat shall be Lyable for any beasts so sold and wherof the Clerk keeps not the Certificats aforsaid as they were airt and pairt of the thift themselfes In so farr as extends to restitutione as said is And it is heirby declared that it shall not be Laufull to any persone in the Highlands to travell uith armes the distance of seven mylles from the ordinary place of their residence without pass or Certificat from the shirreff or his deputes or from a Justice of peace or any of the saids Commissioners or Minister uithin the bounds of the place from which he is to travell bearing the occasione therof which is to have particular date and to Continow only for that Journey with pouer to the saids Commissioners or any of them or any having their uarrand to seize upon apprehend and Imprisone all such persones uanting passes as aforsaid as theives sorners and vagabounds till they find Cautione for their good behaviour and ansuer to any accusatione that can be brought against them And It is alwayes heirby declared that this our Commissione shall be noe uayes prejudiciall to the right and Jurisdictione of any shirreffs steuarts Bayllies of Regalities who all and ilk one of them notuithstanding heirof may proceed against persons guiltie of thift resett of thift and other Crymes aforsaid In the same way and manner as they were formerly in use to doe Conforme to the Laues if they be the first attachers and shall prevent the saids Commissioners in dilligence And farder if it shall be found needfull by the persons already named in this Commissione That any others be added unto them For strengthening their hands we doe heirby Impoure the Lords of our privie Councill upon applicatione made to them from any Justiciary Court to add to the nominatione already made such persone or persones as the said Court shall petitione And this our Commissione is to Continow and Endure for the space of tuo years after the date heirof In testimony wherof ue have Commanded our Great seall to be heirto appended Given att our Court at Kensingtoune the thretty day of december J^aj vi^c nyntie thrie years and of our reigne the fifth year. Wryten on the back thus wryten to the Great seall and registrat the nynth day of February J^aj vi^c nyntie four sic subscribitur Dun: Ronald depute sealled at Edinburgh the tuelvth day of February J^aj vi^c nyntie four sic subscribitur John Dicksone And to the effect the forsaid Commissione may be made publict and knouen to the saids Commissioners and all other persones Concerned wee uith advyce of our privie Councill Have thought Fitt that these our Letters of publicatione should be post and published In manner underwryten And In regaird the said principall Commissione under our Great seall Cannot be Conveniently⁶ produced in the respective places and meetings of the saids Commissioners wee have thought fitt that the principall Commissione shall remaine in the hands Custody and keeping of our Chancelor And heirby ordaine and appoint that a printed Coppie therof signed under the hand of the Clark of Councill and under the Councill signet shall be a sufficient warrand for the said Commissioners to meet and proceed as if the principall Commissione under the Great seale were produced at their meetings to all other Intents and purposes And It is heirby specially provyded That Conforme to the Late act of parliament The saids Commissioners and their Clarks and other members of Court shall at their first meeting att Least before they Act in that Cappacity suear and signe the oath of alleadgance and signe the assurance The Extracts wherof the Clarks to the respective Courts are to send in to the Clarks of our Councill with all Convenient dilligence att Leist within tuenty dayes after taking therof Our will is heirfore And ue Charge yow strictly and Command That Incontinent thir our Letters seen yee pass to the mercat Cross of Edinburgh mercat Crosses of the head burghs of the shyres of Caithness Southerland Ross Inverness Cromartie Nairne Elgine Bamff Aberdeen Kincairden Forfar Perth Dumbrittaine Stirline and other places needfull And ther in our name and authority by open proclamatione make publicatione heirof That our saids Commissioners may proceed and Act Conforme to the tenor of our said Commissione And that all Judges and Magistrats concerned may Give their Concurrence and assistance to them as they are heirby ordained And that all our Leidges and subjects may have nottice therof And Give due obedience therto As also that ye Cause Read these presents att all the paroch Churches within the respective shyres forsaids upon Sabboth dayes after divyne worship That the same may be more publictly knouen And ordaines these presents to be printed Given under our signet att Edinburgh the threttienth day of February and of our Reigne the fifth year 1694 sic subscribitur Tweeddall cancel: Southerland Linlithgow Annandall Forfar Kintoir Stair Ross Raith, Beilhaven, Polwarth, John Lauder John Lauder⁷ F: Muntgomerie