A PROCLAMATION, For securing the PEACE OF THE HIGHLANDS. Edinburgh, the tenth day of October, 1678. C R HONI SOT QUI MAL Y PENSE royal blazon or coat of arms EDINBURGH, Printed by the Heir of Andrew Anderson, Printer to His most Sacred MAJESTY. 1678. A PROCLAMATION, For securing the Peace of the Highlands. Edinburgh, the 10, day of October, 1678. CHARLES, by the Grace of GOD, King of Great Britain, France and Ireland, Defender of the Faith; To _____ Macers or Messengers at Arms, Our Sheriffs in that part, conjunctly and severally, specially constitute, and to all and sundry whom these presents do or may concern, Greeting: Forasmuch as the quieting of the Highlands and Isles, and the dutiful and peaceable carriage and deportment of the Inhabitants within the same, is of great concernment, not only as to the peace and interest of the Shires and Bounds where they live, being a large and considerable part of Our Kingdom; but also of the neighbouring and adjacent Countries and Shires, which lie open and are subject to the incursions, depredations, and the barbarous cruelty and oppression of Thiefs, Sorners and broken men, when the Highlands are in disorder. And upon the consideration foresaid, We and Our Royal Ancestors have been most careful to preserve and secure the quiet and peace of the said Highlands and Isles; and in order thereto, from time to time, with advice of the Estates of Parliament, and of their Privy Council, have made and emitted divers good Laws, Statutes, Acts of Parliament and Council, Proclamations, and Orders, and in special, by the ninety two Act of King James the sixth, in his eleventh Parliament, Our Roal Grandfather of blessed memory, entitled, Anent the quieting of disordered Subjects, Inhabitants of the Borders, Highlands and Isles; It is statute, that a certain time shall be set apart by the Lords of Privy Council, to receive, hear and answer all complaints concerning the disordered and troublesome Subject's inhabitants of the Highlands, and attempts committed by them upon Our good and peaceable Subjects of the In-countrey; and that a particular Register be keeped of all things that shall happen to be done and directed, in matters concerning the quietness and good rules of the Highlands, in manner contained at length in the said Act. And by the ninety three Act of the foresaid Parliament, it is statute, that all Landlords and Bailiffs in the Highlands, where broken men have dwelled or do dwell, should be charged to find sufficient caution and soverty landed men in the In-countrey, under the pain of rebellion in manner ; That is to say, If any of their Men-tennents, Servants or Indwellers upon their Lands, Steeding, Rooms and Possessions, or within their Baileries, shall commit any masterful reef, theft, or resset of theft, depredations, open and avowed fire-raisings upon deedly feeds, That the Landlords and Bailiffs upon whose Lands and in whose Jurisdiction they dwell, shall bring and present the persons complained upon to justice, to abide trial and underly the Law for the same, and that the said's Landlords and Bailiffs shall satisfy the parties skaithed and grieved, in manner therein mentioned. And likewise, that the Landlords and Bailiffs concur, fortify and assist others in removing all persons disobedient to Our Laws, or fugitives therefrom, out of their Lands and Possessions; And in case any refuse to concur to the effect foresaid, that it shall be lawful to pursue the person refusing and his Cautioner, for redress of the skaith sustained by the party hurt, and the Landlords and Bailiffs to have their relief of the person refusing: And in case any person, Landlord or Bailiff receive or resset any person fugitive, after the committing of the crime, upon their Lands, and stays and arrests them not when they pass through their bounds with any other men's Goods reft or stolen, that they shall be holden to bring and present the person offending to Justice, and to satisfy and redress the parties skaithed, in manner therein contained. And that the chief of the Clan, in the bounds where broken men dwells, and through which they repair in their passing to steal and reeve or returning therefrom, shall be bound to make the like stay and arrestment as the Landlords or Bailiffs, and shall be subject to the like redress and action criminal or civil, in case of their failzie or negligence, as the said Act of Parliament, containing divers other Heads and Articles to the same purpose, at length bears. Likeas, in the foresaid Parliament, Anno, one thousand five hundred and eighty seven years, divers other Laws and Acts of Parliament are made and enacted to the same purpose, as appears by the hundred Act, entitled, The manner how Goods taken away may be repeated; and the hundred and two Act of the said Parliament, entitled, Dittay should be taken up anent black-mail; and by the hundred and third Act, Landlords and others should present Trespassers to Justice; and by the hundred and ninth Act of the said Parliament, whereby it is statute, that such interposed persons, as take upon them to sell the Goods of Thiefs and disobedient Persons and Clannes, that dare not come to public Mercats in Lowlands themselves, wherethrough, the execution of the Acts made against Sorners, Clannes and Thiefs is greatly impeded, shall be punished in manner therein contained. Likeas, by the two hundred and twenty seventh Act of King James the sixth, Parliament fourteenth, Anno, one thousand five hundred and ninety four, entitled, For punishment of reef, theft, oppression and sorning, it is statute, that there may be a perfect distinction by names and surnames betwixt these that are, and desire to be esteemed honest and true men, and these who are, and are not ashamed to be esteemed Thiefs, Sorners and Ressetters of them in their wicked and odious crimes and deeds: That therefore there be a Roll and Catalogue made of all persons, and the surnames therein mentioned suspected of slaughter, theft, reef, resset of theft, or thiefs, or sorners, in manner therein mentioned: And that all Landlords and Bailiffs be charged to find Soverty, to make their Men-tennents and Servants answerable to Justice, and to redress parties skaithed; and that the Chieftains of Clannes and principal of the Branches and Householders thereof, be charged for the relief of the Landlords, in manner therein contained. And that no Landlord set his Land, nor suffer the same to be possessed by any person, that being of a Clan finds not soverty to relieve his Landlord; and if the Landlord shall not take the said soverty, that he shall be answerable to the party grieved criminally or civilly, as if he had done the deed himself: And that none of the said's Clannes or other broken men, their Wives, Bairns, Heirs, Executors or Assignayes, shall have action criminal or civil, against whatsoever persons for ejection, spuilzie, slaughter or fire-raising, or other alleged violent deeds committed against them by any of Our Liege's, except they instruct with their Summons, that the persons alleged hurt, spuilzied, slain or ejected, was Our free Liege man the time of that deed, and had found soverty to be answerable to Justice for relief of his Landlord, and to redress parties skaithed, and that every Thierry and Sorner shall be esteemed the man and Servant of him of whom he hath his Land in tillage or pasturage, or whom he accompanies at conventions, gatherings or at violent deeds, or upon whose ground the Thief, Reever or Sorner is resser, and tarrieth twelve hours together with the knowledge of the Landlord, being of power to apprehend him, or who hath received Bond of Man-rent, or who hath given Bond of maintenance to Thiefs and Sorners, or receive their caulps and herzelds, or who hath had the said's Thiefs and Reevers under their assurance; as the said Act of Parliament, containing divers other clauses, at length bears. Likeas, by the sixth Act of the second Session of Our first Parliament, entitled, Act for suppressing of Thefts, Robberies and Depredations, It is statute, that whensoever any oppression, Hereships, Thefts or Depredations shall be committed within any part of this Kingdom, the Owner of the Goods away taken shall immediately give intimation thereof, after the taking away of the same, by himself or some in his name, to the Sheriff of the Shire or his Deputes, or any of Our Justices of Peace or Constables within the Paroch out of which the Goods are taken, who upon intimation foresaid, are immediately ordained, under the pain of being liable for the restitution of the Goods away taken or the value thereof, to command all fensible persons to concur in the pursuit of the saids Goods and away takers thereof, under the pain foresaid if they disobey. And if the said's Thiefs and Robbers shall happen to pass through, or rest in any other Paroch where the Justices of Peace, Constables and Heretors are able to stop and oppose the carrying away of the saids Goods; In that case, Our said Justices of Peace, Constables or Heretors are ordained to make opposition, and seize upon the Goods and Drivers thereof, and to restore the saids Goods, and to deliver and secure the away takers of same, that they may underly the Law. And if the committers of the said's Crimes be so numerous and powerful, that they cannot be stopped by the Inhabitants of the said Paroch; then and in that case, the whole fensible persons are obliged by the said Act, under the pain foresaid, to rise in Arms and pursue them, and require all the fensible persons in any other Paroch they shall happen to pass through, to join with them, under the pain and to the effec foresaid: And if the pursuer of the Goods, after all his utmost endeavours, be not able to recover the same and apprehend the away takers; the Heretors, Wodsetters and Fewars of the Paroch where the Goods shall be found to be disposed of or sparpelled, are to be liable for the value of the saids Goods, according to their several Interests. And farther, by the foresaid Act it is statute, that the In-bringer of every Robber and Thief, after he is outlawed and denunced Fugitive, shall have two hundred pounds Scots for every Robber and Thief so in-brought, as the said Act, proporting divers other Clauses, at length bears. And whereas, the Lords of Our Privy Council, in pursuance of the foresaids Laws and Acts of Parliament, have found it that not only the Landlords and Chieftains of Claunes, shall give Bond and Caution for the security of the Peace, and quiet of the Highlands; But also, that the Heads of the several Branches of Families of these Clannes, shall give the like Bond and Caution themselves, and for all they are liable and obliegded to answer for by the Laws and Acts of Parliament; as also, for all these of their name descended of their Families. And albeit Our said's Laws and Acts of Parliament be many, and most ample and effectual to the intent foresaid, for quieting and securing of the peace of the Highlands and Isles, and yet standing in full force; yet, the Inhabitants and broken men within the said's bounds, being enured and accustomed to liberty and licentiousness upon occasion of the late troubles, and by reason that during the same, theforesaids Laws have not been observed and put in execution; do still presume to sorn, steal and oppress, and to commit other insolences and disorders, to the contempt of Our Authority, and to the great hurt, prejudice and discouragement of Our good people and Subjects. Therefore, We, with advice of the Lords of Our Privy Council, have thought fit to declare Our Royal intention and resolution, that the foresaids Acts of Parliament abovementioned, and all other Laws and Acts of Parliament and Acts of Council, made for quieting the Highlands and Isles, and for preventing, repressing and punishing disorders within the same, shall be carefully observed and put in execution against all persons of whatsomever quality, who shall be found to have contraveened, or shall hereafter contraveen the said's Acts, or any Head or Article thereof; assuring all Our good Subjects, who shall find themselves wronged or grieved by any person or persons Inhabitants within the Highlands and Isles; and that upon application to the Lords of Our Privy Council, they shall have Justice done to them with all expedition, and reparation and redress, conform to Our Laws and Acts of Parliament; and that the Lords of Our Privy Council will interpose their Authority, that the Sentences and Decreets that shall be given and pronounced in favours of the said's persons, either by the saids Lords of Our Privy Council, or by Our Justice General, or by any other competent Judicatory, for any wrong, crime or oppression that shall be committed against them by any of the Inhabitants within the bounds foresaids, shall receive vigorous and-speedy execution. And in pursuance of Our Royal resolution, We, with advice foresaid, have ordained, that all Landlords and Bailiffs in the Highlands shall be charged to find sufficient caution and soverty landed men in the In-countrey, to the contentment of the Lords of Our Privy Council, that they for themselves, and all these for whom they are liable and obliged to answer by Our said's Laws and Acts of Parliament, shall keep Our peace; and that they shall not invade, trouble nor oppress any of Our Subjects in their Persons, Lands, Possessions, Goods nor Gear but by order of Law and Justice; and that they shall be answerable to Justice, and satisfy parties skaithed conform to the Laws and Acts of Parliament, and under the pains contained therein, and also, under such pecunial pains to be paid for Our use, as shall be appointed by the Lords of Our Privy Council, to be insert in the Letters to be directed against them: And We have ordained Letters to be directed against the saids Landlords and Bailiffs, charging them to find the said caution, under the pain of rebellion; And for relief of the Landlords and Bailiffs who have found or shall find the soverty foresaid, Letters are ordained to be directed, charging such persons in special as the said's Landlords and Bailiffs shall give in in Bill, which are Vassals, Men-tennents or Servants to them, to find caution acted in the Books of Our Privy Council, that they shall free and relieve the said's Landlords and Bailiffs of the said caution and soverty found for them, under the said pain of rebellion. And further, We, with advice foresaid, have ordained, that the Landlords, Bailiffs, and Chieftains of Clannes contained in a Roll, (which is insert in the end of this Our Proclamation) shall compear before the Lords of Our Privy Council upon the last Thursday of February next upon this present exigent for the year ensuing, and upon the second Thursday of July yearly thereafter; and failzieing any of them by decease; their Successors in their Lands, Bailieries and Jurisdictions within the Highlands, and these who shall be Chieftains of the said Clannes for the time, shall be obliged to appear before the Lords of Our Privy Council yearly, the said second Thursday of July; To the effect, that these who are liable to give soverty may find the same, if it be not already found, and that they may give new caution if need be; and that the said's Landlords, Bailiffs and Chieftains of Clannes may receive such orders and instructions as the said's Lords of Our Privy Council shall think fit to give, for keeping and preserving the peace of the Highlands: With certification, that these who shall not appear the said last Thursday of February, and thereafter the said second Thursday of July yearly, before the Lords of Our Privy Council, for their absence and contumacy, shall be unlawed and ordained to pay, toties quoties, such sums as the said's Lords of Our Privy Council shall appoint; and ordains Letters of Horning, Poinding and others to be directed for the payment of the same; and this Proclamation being once lawfully published in manner , shall be sufficient to oblige the said's Landlords, Bailiffs and Chieftains of Clannes to appear yearly before the saids Lords of Our Privy Council, without any other charge or citation. And further, We have ordained that the said's Landlords and Bailiffs, at their first appearance before Our Privy Council, at the day aforesaid and yearly thereafter, shall bring with them, and give in exact Lists and Rolls of all the men living in their bounds above the age of sixteen years; and if they shall fail to give up any above the age foresaid, they shall be esteemed, censured and punished as favourers and ressetters of Thiefs and broken men. And because it may be pretended, that the said's Landlords, Bailiffs or Chieftains of Clannes, are or may be under Captions for debts, or some other civil cause, so that they cannot appear before the Council; Therefore, We, with advice foresaid, are pleased to grant protection to all Landlords, Bailiffs and Chieftains of Clannes, who shall repair to Our Privy Council the said last Thursday of February next, and second Thursday of July the year ensuing, or in any other year thereafter, in obedience to Our said Order and Proclamation, or who shall be charged to find the caution foresaid, by virtue of Letters direct against them to that purpose: So that if they dwell within the Shires of Stirling, Dumbartoun, Perth or Argyl, they shall have Our protection for fourteen days before, and fourteen days after the said last Thursday of February next, and second Thursday of July yearly, and any other particular day to which they are cited to appear for finding the soverty foresaid; and for twenty days before, and twenty days after, if they dwell in any other of the Northern Shires; during which time it shall not be lawful to any Messenger or other Officer or Magistrate, to take or apprehend any of the said's persons for debt or any other civil cause, by virtue of Letters of Caption, or any other precept or warrant: Certifying all Our Subjects, and in special the Landlords, Bailiffs and Chieftains of Clannes and the Inhabitants within the Highlands; that We and the Lords of Our Privy Council will proceed vigorously, and put in execution Our resolution foresaid, and the Laws and Acts of Parliament and Council concerning the Highlands and quieting thereof, and for preventing, repressing and punishing thefts, depredations, murders and other crimes, oppression and disorders within the same, and repairing and redressing the skaith and prejudice done to Our peaceable and good Subjects. And that all Landlords, Bailiffs and Chieftains of Clannes contained in the said Roll, who shall not appear before Our Privy Council the said last Thursday of February, and second Thursday of July next to come, and yearly thereafter, shall be esteemed disaffected to Our Authority, and to the peace and quiet of the Country, and shall be highly fyned and unlawed for their absence and contumacy, and otherways punished as the saids Lords of Our Privy Council shall think fit, and their fynes shall be uplifted for Our use: And that all other Landlords, Bailiffs and others within the Highlands, who shall at any time be charged upon Letters to be directed by Our Privy Council to find the said soverty for themselves, and their Men-tennents and Servants for whom they are answerable, and shall disobey and not find the same, shall be denunced to Our Horn, and shall be taken and incarcerate, and their escheats whole Goods and Gear shall be intromitted with and uplifted for Our use: And whensoever any Theft, Depredations, Oppressions, or other crimes or disorders shall be done or committed by any Thiefs, broken men or other Inhabitants within the said Highlands, the pains contained in Our said's Laws and Acts of Parliament, and in the Letters directed against the Landlords, Bailiffs and others for finding caution for themselves, and these for whom they are answerable that they shall keep the peace, together with the reparation and redress due to the parties grieved, shall be severely uplifted and exacted from the Landlords and Bailiffs, who are obliged to answer for these who shall commit the said's crimes and disorders, and the delinquents and committers thereof, their Complices, Aiders, Ressetters, and these who shall supply or intercommune with them, shall be called and pursued criminally; and being convicted, shall be examplarly punished according to Law; and if they be absent, they shall be outlawed and declared Fugitives and denunced, and shall be esteemed and prosecuted as Rebels and public enemies to GOD, Our Authority, and Our true and faithful Subjects, and pursued with fire and sword where ever they may be apprehended, without any crime, pain or hazard to be incurred by the doers thereof; And that We, and the said's Lords of Our Council, will take all other ways that shall be thought necessary or expedient to the end foresaid, until the said Highlands be fully quieted, and all Thiefs, wicked, disorderly and broken men be utterly rooted out and extirped. And farther, We with advice of the Lords of Our Council have thought fit, and do hereby require and command the persons aftermentioned, Heads of the several branches of Clannes, who by reason of their mean condition are not able to come in to Edinburgh and find caution, to come to Inverlochy betwixt and the twenty day of November next, and there to give in bands of caution for themselves, their Men-tennents, Servants and Indwellers upon their lands, and all of their name descended off their family, to the Earl of Caithness, Sir James Campbel of Lawyers, James Menzies of Culdaures, or any two of them, Who are hereby commissionate for receiving of the said's bands conform to the list hereunto subjoined; with certification to the said's persons, or any of them who shall not compear before Our said's Commissioners betwixt and the day foresaid, or compearing shall refuse to give in the said band, they shall be called before Our Council, pursued and punished as fugitives and outlaws, and disturbers of the public peace. And the said's Commissioners are hereby allowed to give them protection in manner and for the space foresaid. And ordains these presents to be Printed, and published at the Mercat Crosses of the head burgh's of the several Shires of this Kingdom; As also, to be read at the whole Paroch Churches upon a Sabbath after Divine Service, that none pretend ignorance. Given under Our signet at Edinburgh, the tenth day of October, 1678. and of Our reign the thirtieth year. A list of the names of the Landlords and Chieftains of Clannes that are to compear before the Council upon the last Thursday of February next, and upon the second Thursday of July yearly thereafter. The Laird of Luss, the Laird of Buchannan, the Laird of Mackfarland, the Earl of Perth, the Marquis of Athol, Robert Camphel of Glenlyon, Alexander Robertsone of Strowan, Sir Alexander Menzies of Weyme, John Campbel of fordel, _____ Campbel of Glenfalloch, the Earl of Argyle for himself, and his whole Fewars and Vassals, The Laird of Mclean, _____ Mclean of Lochbowy, the Captain of Clanronnald, the Lord Mcdonald, the Marquis of Huntley for himself, and his whole Fewars and Vassals, the Laird of Mcintosch for his whole Fewars and Vassals, the Laird of Grant, the Lord Rae, the Earl of Seaforth, the Earl of Sutherland, Sir James Mckdonald of Slait, the Laird of Mckleod, the Earl of Murray, the Earl of Mar, the Lord Lovat, the Earl of Airth, the Earl of Aboyne, the Earl of Airlie, the Earl of Caithness, the Laird of Lochyell, the Laird of Edyell, the Laird of Altar, the Laird of Ballingoun, the Laird of Foules, the Laird of Pluseardie, the Laird of Tarbet, the Laird of Cromarty, the Laird of Mckgregour, the Laird of Mckmartine, the Laird of lawyers, the Laird of Gairntully, and the Laird of Drum. A list of the Names of the Heads and Branches of Families, that are to come to Innerlochy, and give Bond to the Commissioners of Council, betwixt and the twenty day of November next. Archihald Mcknab of Aucharne, Patrick Mckgrigor in Brachlich, Findlay Mcknab of Inshewen, Donald Glass-Mckgregor now in the Brae of Balquâ—Źidder, Dowgal Mcgregor in Kyletten, Duncan Roy-Drumond, alias Mckgregor in Dindorn, Gregor Mckgregor in Rora, Ewin Cameron of Calort, Angus Campbel in Innerlochie, Donald Cameron of Teirlundy, John Cameron of Tomacharich, _____ Cameron of Letterfindley, Angus Cameron in Kenlochlyon, Angus Cameron of Ratolichmoir, Donald Cameron of Ratolichbeg, Angus Cameron in Balacherne, John Cameron of Inshrie, Donald Cameron of Blairmafulich, Dowgal Mcklauchlane in Cornonan, Ewin Cameron of Lindallie, _____ Cameron of Eracht, John Cameron of Stron, Donald Cameron Tutor of Lochyel, John and Ewin cameron's his sons, Ewin Mckaphie alias Viccondachie, Vic Ewin Glendesher, John Cameron alias Mckewin in Murlagen in Locherkek, Alexander Caeron, in Innerwallie, John Cameron, alias Mckonneil, Vic-ean-dui in Drumnasyle, John Cameron of Glenevis, Soreley Cameron in Finnart, Archibald Mcdonald of Keapoch, _____ Mckdonald of Thersit, _____ Mckdonald of Bohantin, and his eldest son, _____ Mckdonald of Killihonat, _____ Mckdonald of Tullich, _____ Mcdonald in Innereimoir, Angus Kennedy in Rynathen, _____ Mcdonald of Moy, _____ Mcdonald of Teirnadish, _____ Mcdonald of Annat, _____ Mcdonald of Insch, _____ Mcdonald of Auchnacoichen, _____ Mcdonald in Polvig in Glenco, _____ Mcdonald of Auchtriatin, _____ Mcdonald in Breckled, and his son, _____ Mcdonald in Killisneycon, _____ Mcdonald in Larich, _____ Mcdonald his brother's son, Alexander Ferquharsone of Wardhouse, _____ Ferquharson of Monaltrie, John Ferquharsone of Innerey, Duncan Mcpherson of Clunie, John Mcpherson in Shira, Duncan Stewart of Appin, Dowgal Stewart of Inscherich, Robert Stewart of Ardvorlich, Duncan Stewart of Bellachallen, Alexander Stewart of Annat, James Stewart in Glenbokie, William Mackintosh of Borlum, Alexander Mackintosh of Connage, Donald Mackintosh of Kellachy, the Laird of Mackfarlane, Macolme Mackfarlan of Glentiren, John Buchannan of Lenie, Thomas Frazer of Ardachy, Thomas Frazer of Little-glendo, John Frazer Fiar thereof, Hugh Frazer of Kilbokie, James Frazer of Drumbaloch, Donald Frazer of Drumond, Donald Frazer of Little-garth, Hugh Frazer of Strowie, Donald Frazer of Erchit, Malcolme Frazer of Culduthel, John Frazer of Knockchyllalen, William Frazer of Foyer, Donald Mackilwrey, Tutor of Drumnaglass, Paul Mackbane of Kinhail, William Forbes of Skellater, Thomas Grant of Balmakain, John Mckintosh of Forther, James Grant of Rothiemurchus, Robert Grant of Badivochil, John Grant of Coneachen, John Grant of Glenmoriestoun, John Grant of Crimonie, Robert Grant of Dalvey, John Grant of Glenlochy, Hugh Ross of Kilraach, James Grant of Auchernicke, Patrick Grant of Tullichgorum, _____ Grant of Garinbeg, James Mcknab in Kirktoun of Straphillen, James Ferquharson of Camdel, John Grant of Carrion, and Allan Grant of Tulloch. Al. Gibson, Cls. Sti. Concilii. EDINBURGH, Printed by the Heir of Andrew Anderson, Printer to the King's most Sacred MAJESTY, 1678.