COMMISSION OF JUSTICIARY For Securing the Peace of the Highlands.  
WILLIAM by the Grace of GOD, King of Great-Britain, France and Ireland, Defender of the Faith; To all and sundry to whose knowledge these presents shall come, Greeting:  
Forasmuch as, We for punishing and repressing of Thifts, Depredations, Robberies, Sornings and the like Crimes and Disorders within the Bounds of the Highlands, and for the better settling of Justice, Peace and good Order there, and in all the neighbouring Bounds, specially within the Shires of Cathenes, Sutherland, Ross, Inverness, Cromartie, Nairn, Elgine, Bamff, Aberdeen, Kincardine, Forfar, Perth, Stirling, Dumbartoun, Argile, Tarbat, Bute; and others adjacent: Which Shires are to be divided into three Districts, in manner , have thought fit, by virtue of Our Prerogative Royal, to grant the Commission of Justiciary following, to the persons after-named, to whom also the Earl of Argile and others having heretable Rights of Justiciary, are to grant their Commissions at least to so many of them who are willing to act by virtue of the same, and that for the whole Bounds within their said respective heretable Justiciaries, in the terms of the several Acts of Our current Parliament, relating to the Justiciary-Court in the Highlands; And which Commissions are to contain all the necessary and usual Powers, that the said's Commissioners being of Consent fully impowered, may Act and proceed more effectually for punishing & repressing the Crimes . Therefore We do hereby grant full Power, Authority, and Commission, express Bidding and Charge to Our Justice-General, Justice-Clerk, and Lords Commissioners of Justiciary, John Earl of Tullibardine Our principal Secretary of State, Archibald Earl of Argile, the Earl of Marr, the Earl of Sutherland, the Earl of Finlater, the Earl of Buchan, the Earl of Strathmore, the Earl of Kintore, the Viscount of Tarbat, the Lord Strathnaver, Lord James Murray, the Lord Glenurchy, the Lord Saltoun, the Lord Rae, the Lord Ruthven, the Lord Duffus, Sir James Ogilvie Principal Secretary of State, the Master of Forbes, Sir James Scougill of Whitehill, Sir Patrick Ogilvie of Boyne, Ludovick Grant of that Ilk, William Dunbar of Durn, Alexander Ogilvie of Forglen, John Ogilvie of Kempeairn, Alexander Hay of Ardenbath elder, Nicolas Dumbar of Castle-field, _____ Grant of Belnatoun elder, Mr. Francis Grant of Belnatoun younger, Alexander Leslie of Kininvie, Sir Thomas Burnet of Leyes, Sir George Sinclair of Clyth, William Dumbar of Hempries, Mr. John Campbel Commissar of Caithness, Sir Adam Gordon of Dalfolly, Mr. John Gordon of carrel, _____ Dumbar of Sydery, David Ross of Balnagowan, _____ Monro of Fowlis, Hugh Monro of Tennush, Sir Alexander Mackenzie of Cowl, Sir Donald Bain of Tulloch, George Monro of New-more, Mr. Simon Mackenzie of Tarradell, _____ Mackintosh of that Ilk, Duncan Forbes of Colloden, Alexander Chisholm of _____ George Cuthbert of Castle-hill, Mr. David Polson of Kinmyles, Mr. Alexander Ross of Clava, _____ Robertson of Inches _____ Campbel of Calder younger, James Frazer of Relict _____ Frazer of Balnamain, David Broddy of Lethem, David Cuthbert Sheriff-Depute of Nairn, _____ Broddy of that Ilk, George Broddy of Aslisk, Ludovick Dumbar of Grange, Robert Dumbar of Dumfaill, _____ Innes younger of that Ilk, William Duff of Dipple, James Grant of Galloway, John Grant of Clay-furrs, _____ Grant of Arntilly, Alexander Duff of Braco, Sir James Abercrombie of Birkenbog, John Anderson of Westertoun, Alexander Duff of Drummuir, Charles Gordon of Glengarrick, Sir John Forbes of Craigievar, Arthur Forbes younger of Eicht, _____ Leslie of Kincraigie Sir James Gordon of Lesmore, Archibald Forbes of Lickliehead, Arthur Forbes of Auchintoul, Sir Robert Gordon of Gordonstoun, Thomas Hay of Balhousie, Lieutenant Colonel John Areskin, Sir William Stirling of Airdoch, Sir Thomas Murray of Glendoick, James Hepburn of Menstrie, Adam Drummond of Meggins, Robert Stuart of Ardvorleich elder, Stuart of Ardvorleich younger, James Ramsay of Bamff, Mr. Leonard Robertson of Straloch, _____ Mercer of Clavadge, James Menzies of Culdair, John Cunninghame of Baldalloch, _____ Cunninghame younger of Buquhan, William Stirling of Harbertshire, Alexander Monro of Bearcrofts, Sir Humphrey Colquhoune of Luss, John Mckfarland of Erchor younger, Patrick Murray of Dullery, John Blair of Corbs, James Herron of Callie, Alexander Robertson of Fascally, Captain James Menzies Tutor to the Laird of Weymes. Menzies of Sluan, Lachlane Mackintosh Tutor of Dalmungo, Craigie of Dumbarnie younger, Cree _____ Provost of Perth, Colin Campbel of Lochland, James Drummond of Comry, Mr. William Murray of Arbeny, _____ Campbel of Balgersho elder, Alexander Robertson of Craig bailie of Perth, Sir Colin Campbel of Ardkindlas, Sir Duncan Campbel of Auchinbreck, Sir John Campbel of Carrick, Archibald Campbel of Inneraul, Alexander Campbel of Balcardine, Alexander Campbel of Lochnell, Donald Campbel bailie of Mackairn, Alexander Campbel of Kilmartoun, George Campbel of Craignes' younger, _____ Cameron of Glendechry, Sir John Hill Governor of Fort-William, & lieutenant-colonel Forbes, or the Deputy Governor thereof, conjunctly and severally, to pursue, Fellow, take & apprehend Imprison, and present to Justice all persons within the following Shires, of Caitness, Southerland, Ross, Inverness, Cromartie, Nairn, Elgine, Bamff, Aberdeen, Kincardine, Forfar, Perth, Stirling, Dumbritan. Argile, Tarbat, Bute, and others Adjacent, Guilty or Suspected to be guilty of Thift, Resett of Thift, Robries, Depredations, Sornings, Thigging, exacting of Black-mail or any other Oppressions, Bangesteries, masterful or minacing Exactions, communing with intercommuned Persons, Manslaughters, Murders, harbouring or Resetting of Outlaws, the transgressors of the Law concerning the Clan Gregor, hounding-out or Ratihabiting thieves, Robbers, Sorners, and others guilty of the foresaid Crimes, and securing the Peace of the Highlands, and encouragement of Virtue, and learning and settling Industry amongst them And in case any Persons within the bounds foresaid cannot be apprehended and presented to Justice, We hereby give Warrant to the said's Commissioners or any one or two of them to issue forth Precepts, direct to Sheriffs, Officers, Stewarts, Baillzies, Mayors, or Constables, to charge them to compear at the first Justice-court before the said's Commissioners, or any five of them who are hereby declared to be a Quorum, And where there is not already a sufficient number of Sheriff-Officers and other Officers with Power to the said's Commissioners, or any two of them to appoint Officials within the several parochs of the said's Bounds, which Officials are to have the same Power, given to Constables by the Act of Parliament 1661., And who are to give an account on all occasions to the next adjacent Commissioners, and to cite before them all Persons within the said's Bounds, Malae famae, and suspected of Thift, corrospondents with Theives or of any of the Crimes , that they may be secured and tried by an Assize and be either purged by an Assize or punished, and farther if need require to find sufficient Caution, and to declare that a Citation to be used at the Mercat-cross of the head Burgh of the Shire where the have most frequently haunted, against the said Thiefs, their Resetters and others guilty of the Crimes foresaid, who have no dwelling-houses to compear-before the saids Commissioners, shall be als sufficient as if they were personally Charged in respect of the uncertainty of their Residence and difficulty of access to them, and where they have Places of Residence they are to be Cited personally or at their dwelling places, if there be tutus accessus and if not at the head Burgh of the Shire where they dwell, with Power to the said Commissioners or any Quorum of them, at their several meetings, to make choice of their own Precedent to continue only for that meeting and to fence & hold Courts of Justice, and to create Fiscals Sergeants, Dempsters and all other members of Court, as also to regulate the prices & correct the abuses of their Clerks or deprive them in case of malversations, as likeways with power to the said Commissioners or any Quorum of them to cite witnesses, to call persons to pass upon Inquest, out of any six parochs adjacent to the place where they hold their Courts; Absent witnesses & Assizers to un-law, & americat, the unlaws & americaments to uplift and exact to be applied by the said Commissioners, for defraying some part of the Expenses, & the Fees of the other members of Court; And in the said Court to call the said persons, either cited or imprisoned as guilty, or suspected to be guilty of the foresaid Crimes, or any of them; and to declare such as are absent Fugitives from the Laws, and to issue forth their precepts for denouncing them Rebels. and putting them to the Horn. and to intercommun according to Law, and the practice in such cases and ordaining all their Movable goods to be Escheat, and in brought for Our use for their contempt and disobedience, & such as shall compear and be brought before them as prisoners to put them to trial, and the knowledge of an Assize, and according as they shall be found Innocent or Guilty, that they cause Justice be done upon them, conform to the Laws and practice of the Kingdom; provideing always that when any Landed-man is cited or brought before the said Commissioners, as guilty or suspected to be guilty of Thift, or the resett of Thift, if he compear and be put to the knowledge of an inquest, the said Commissioners or such of them as shall happen to sit for the time shall before pronouncing of Sentence condemnatory either as to Life or Limb, be obliedged to report the state of the process to the Lords of Our Privy Council, that they may give such directions therein as they shall think fit, but if they compear not and be declared Fugitives that their-moveables be intrometted with and Escheated as other Fugitives, And we do hereby give Power and warrant to the said respective Commissioners to intromett with, uplift and receive, the said Escheat goods of such as shall be convict, or declared Fugitives in manner foresaid, to be applied for Defraying any part of the expenses of the said's Commissioners, and members of Court in the Execution of this Commission, with Power to them to nominat and appoint Collectors of the same. And for rendering the Decreets and Sentences of the said's Commissioners more firm and effectual to the obtainers thereof, & for their further encouragement, to administer Justice to Our good Subjects, and to secure the peace of the Country, within their respective bounds; It is Our express Will and Pleasure, and we strictly require and Command the Decreets, Acts, and Sentences, to be pronounced by them in manner foresaid, to be put in all due and lawful Execution, Prohibiting hereby and discharging the Lords of Our Privy Council, Lords of Session,, and Lords of Justiciary, to pass any Bills of Advocation upon any ground or pretence whatsoever; As also prohibiting and discharging the said's Lords of Privy Council & of Session, and Justiciary, to Pass any Bills of Suspension or to grant any Sists of Procedure, and Execution of the said's Decreets or Sentences upon any ground or pretence whatsoever, unless the said Suspension or Sist of execution be first cognosced, or granted by a Quorum of the Council Signeing the same, and if notwithstanding the Suspension or sister, the Decreet be sustained, and the Letters found orderly proceeded, the Suspender shall also be discerned at least in a third part more than the Sums charged for, with what more the Lords of Privy Council shall Judge reasonable to the Charger for his Expenses and Damnage, and for the more effectual rootting out, of all Thifts and Roberies, We do allow and approve, that at their first meeting or any other Meeting or Meetings they shall judge convenient; They Summoned before them all Heretors, Liferenters, Wodsetters, present Possessors of any Lands or Estate within the Highlands of the foresaid Shires, & exact from them true lists of all men above twelve years of Age that live upon their Lands, whom upon Citation they are to present when called, for whom they are to give Bond and Caution conform to the Acts of Parliament: And that these for whom no Security can be had may be disposed of by the Commissioners or their Quorum aforesaid, so as they may be no more a trouble to the Peace of the Country, and if any of the said's Heretors and others  appear not or refuse to give Bond and Caution and lists or give up untrue ones, then and in that case We ordain that either they be proceeded against as absents, or as Harbourers and Resetters of Thiefs & outlaws and We hereby appoint the first general Metting of the said's Commissioners to be at Eorfar upon the first Thursday of June next to come, And there to hold Court, Adjourn and appoint new diets as they shall find expedient; And to the effect their Meetings may be the more Exact and better calculat for the dispatch of business; But] without derogation of the power given to the said's Commissioners to adjourn their Meetings as they shall think fit, We hereby appoint on of the Commissioners above to be Conveener of the rest in each district, when any occasion falls out which requires their Meetings before the day to which they were adjourned, according to the Division , viz. For the North District including the Shires of Caitness, Sutherland, Ross, Inverness, Cromarty, Nairn, Elgine, Bamff, Aberdeen, and Kincardine, The Earl of Finlater, and in his absence the Laird of Grant, And for the middle district, including the Shires of Forfar, Perth, Stirling, and Dumbartoun; The Earl of Tullibardine, and in his absence the Lord Ruthven. And for the West district including the Shires of Argyle, Tarbat, and Bute, The Earl of Argyle, and in his absence Mr. John Campbel Sheriff-Deput of Argile; Which Conveeners are to appoint the most convenient times and places for the rest of the Commissioners, or at least a Quorum of them to meet at: Hereby also requiring such as are so called to give attendance and not to be absent unless upon relevant Grounds, and whereof they are to certify the Conveeners under the pain of losing their Share of the trust and authority, hereby committed unto them, And sicklike nominates and appoints the foresaid Conveeners or major part of them to be Conveeners, for calling together the general Meeting of the Commissioners of the whole Districts, once or twice a year, or oftener as they shall think necessary at such Times and Places as they shall think most proper and convenient, allowing also that notwithstanding of the Division hereby made in particular Districts, That all persons named in this Commission have Right and Power to act as Commissioners and and sit in any justice Court holden by virtue hereof, as we'll without the District where they live as within the same, as also with Power to the said Commissioners or any of them in case of Convocations, or open Depredations, to call and require Our lieges to their assistance, and give Warrant to pursue all Fugitives within the said Shires, for apprehending them and presenting them to Justice, as also to require all Sheriffs, Stewarts, Bailies of Royallities, Regalities and Baronies, to be aiding and assisting to them therein as they shall be required be the said Commissioners or any one of them for apprehending Fugitives and recovering goods, taken by Heirships or Depredations, wherein they are not to fail as they shall be answerable upon their Duties and Offices, and the said Sheriffs and other Judges ordinary are ordained not only to give concurrence and aid to the said Commissioners as they shall be required, But also to afford them Prison-houses in burgh's, and Court-houses for keeping their Meetings, and upon all occasions the said Sheriffs and Magistrates of burgh's Royal are hereby ordained to receive any Prisoners, sent to them by the said Commissioners or any one of them, with a mittimus under their hand for that effect, and keep and detain them in sure Prison, until they be brought unto a legal trial, or dismissed by order of a Quorum of the said's Commissioners in write And if it should happen that the Fugitives do escape out of all the foresaid Shires, in that case they are to acquaint the Judges ordinary of the Shires to which they have resorted, who are hereby ordered to apprehend them or failzing thereof to pursue them out of their Jurisdiction; And to the effect that such Transgressor's may be notourly known: The Commissioners who shall declare any Fugitives, shall make Intimation of their Names and Designations to the Clerks of Our Privy Council, that the same may be Printed and published to the Sheriffs of the next adjacent Shires to the place where such a Court is holden, and the Sheriffs are to cause intimat the same at the Paroch Churches within their respective jurisdictions, that no person presume to reset supply or harbour them; And We hereby appoint that the Clerks of the respective Courts, shall give account to the Clerks of Privy Council what Persons are condemned, and what Persons are declared Fugitives, and that twice in the year, once in the Month of May, and once in the Month of September. that the Lords of Privy Council may know the Condition of these Shires, and what diligence the said Commissioners use in the prosecution of the said Commission; and further for defraying the Commissioners Charges we allow them to decern for and to add a tenth part to each Lybel and Decreet pronounced by them, which Tenth-Part is to be paid to the said Commissioners by the saids Defenders if they succumb in the Cause, and by the pursuers in case the Defender be assoilzied, And We hereby require the Commanders of our Forces, and Governor of Inverlochie and Commandants of particular Garrisons or any other Officers of our Forces, to give parties of Horse and Foot, from time to time to attend the said Courts as they shall be advertised by the Commissioners that are to hold them, As also, the said Governor or any other Officer of the said Forces, are hereby required to give concurrence at Poyndings, and to convey the said Goods so poinded out of Danger & Deforcement and that without any reward: As also, to apprehend and seize any person or Persons contained in lists, to be given in to them by the said Commissioners. And likeways, We do hereby appoint Colonel John Hill and Leutennant Colonel Forbes his Deputy Governor at Inverlochie, and failzing of them, the persons succeeding to them in the saids Charges, to be Members of this present Commission, allowing the said Governor to discharge the duty of a Conveener, if need be: And for making distinction betwixt peaceable and honest Men, and Thiefs and Broken persons, no person living within any part of the Highlands of the said Shires, are to bring any Cows, Horse, or other Bestial to 〈…〉 a Testificat of a Landed-man in Write, bearing the Number of the Beasts, and Name and Place of Residence of the Drover, and attesting that they are leelly come, under the pain of Seizure and Confiscation thereof as stolen Goods, and if some such Testificat should be granted, and afterwards it should be found that any of the said's Beasts should be stolen, the Landed-man Attester shall be liable as if he were guilty in so far as shall be extended to Restitution and Damage, and what the Law provides without any favour, and Masters and Magistrates who have power of Mercats, and Clerks thereof, are hereby discharged to permit any Beasts to be Sold or Bought at any Mercats, till the Seller deliver unto him his said Certificate; With Certification that the Magistrates, Master or Clerk, shall be liable for any Beasts so sold, and whereof the Clerk keeps not the Certificate aforesaid, as if they were Airt and Part of the Theft themselves, in so far as extends to Restitution as said is: And it's hereby Declared, that it shall not be lawful to any person in the Highlands, to travel with Arms from the ordinar place of their Residence, without a pass or Certificate from the Sheriff or his Deputs, or from a Justice of Peace, or any of the said's Commissioners, or Ministers within the Bounds of the Place from which he is to travel, bearing the occasion thereof which is to have a particular Date, and to continue only for that Journey, with Power to the said Commissioners, or any of them or any having their warrant to seize upon, apprehend and imprison all such persons wanting passes as a foresaid as Thiefs, Sorners and Vagabounds; till they find Caution for their good behaviour, and answer to any accusation that can be brought against them. And it is likeways hereby declared that this Our Commission shall be no ways prejudicial to the Right and Jurisdiction of any Sheriffs, Stewarts and Bailies of Royeallities, and Lords and Bailies of Regalities, who all and ilk an of them may proceed notwithstanding thereof, against Persons guilty of thift, & the receipt of of Thift, and other Crimes aforesaid in the same way and manner as they were formerly in use to do conform to the Laws if they be the first attachers and shall prevent the said Commissioners in diligence. And further, if it shall be found needful by the Persons already named in this Commission, that any others be added unto them for their assistance, We do hereby empower, the Lords of Our Privy Council, upon application made to them by a Quorum of the Commissioners of any of the three Districts, to add to this present Nomination, such person or persons as the said Court Commissioners of the said District: And this Our Commission is to continue and endure to the last day of December 1699 years, unless the same shall be revoked or Recalled by Us before that time; In Testimony whereof, Our Great Seal is hereto appended.  
Given at Our Court at Kensingtoun the Thirty day of March 1697, and of Our Reign the Eight Year.  
GOD save the King.   

Edinburgh, Printed by the Heirs and Successors of Andrew Anderson, Printer to the King's most Excellent Majesty, Anno DOM. 1697.