The Act of Proscription
THE ACT OF PROSCRIPTION
The first act to disarm the Highlands was actually introduced in
1716 after Charles' Father's abortive attempt the year before to
depose King George I: the Old Pretender failed to arrive in Britain
until it was over and French backing evaporated with the death of
Louis XIV. Culloden brought about a third attempt to subdue to
Highlands, this time with the Act of Proscription 1747 which was
actually introduced in 1746 but gave the authorities a year to
prise all arms from the Highland miscreants. August 1st 1747 was
the 'crunch' day for the Highlanders and "no man or boy, within
that part of Great Britain called Scotland . . . . will 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 party-coloured plaid or stuff shall be used
for great coats, or for upper coats . . . ." For transgressing this
new Act, which for the first time included Highland dress, the
punishment was six months in prison or, if a second offender,
"transportation to any of his Majesty's plantations beyond the seas
and there to remain for a space of seven years."
There were many contemporary reports indicating that "it would
take more than act of Parliament to stop the Highlander wearing his
traditional clothes." Contrary to popular and oft cited belief, the
Act did not ban tartan!Nor incidentally, did it ban playing
bagpipes or Gaelic. However, whilst not banned per se, the removal
of the principal use for tartan meant that the skills used for
dyeing and particularly, the technicalities of weaving it, meant
that much of the traditional know-how was lost within a generation.
And with it, some ancient patterns undoubtedly
disappeared.
During the period of the ban the raising of Highland Regiments
for foreign service did much to promote the profile of the loyal
Highlander and his dress, including tartan. By the early 1780s the
Jacobite threat was no longer and Highland Regiments with their
kilts and tartan had won renown in support of the Crown. This
rehabilitation led to a move to restore Highland Dress to civilians
in the Highlands.
Highland Dress Ban lifted ~ a red letter
day in 1782
There follows here the full Act of 1747
and to ease the task of reading it has - unlike the original - been
split into numbered Paragraphs.Para 16 deals specifically with the
ban on the wearing of Highland dress and tartan.
The Act of Proscription 1747
Para 1. 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.
Para 2. 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.
Para 3. 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.
Para 4. 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.
Para 5. 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.
Para 6. 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.
Para 7. 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.
Para 8. 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.
Para 9. 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.
Para 10. 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.
Para 11. 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.
Para 12. 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.
Para 13. 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.
Para 14. 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.
Para 15. 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.
Para 16. 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.
Para 17. 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.
Para 18. 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.
Para 20. 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.
Para 21. 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.
Para 22. 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.
Repeal of the Act of Proscription of the Highland Garb.
Given the Royal Assent By King George III on Monday 1st July,
1782
An Act to repeal fo much of an Act, made in the
nineteenth Year of King George the Second (for the more effectual
difarming the Highlands in Scotland, and for the other Purpofes
therein mentioned), as reftrains the Ufe of the Highland
Drefs.
WHEREAS by an Act, made in the nineteenth Year of the Reign of
his late Majefty King George the Second, intituled, An Act for the
more effectual difarming the Highlands in Scotland, and for more
effectually fecuring the Peace of the faid Highlands; and for
reftraining the Ufe of the Highland Drefs; and for further
indemnifying fuch Perfons as have acted in Defence of his Majefty's
Perfon and Government, during the unnatural Rebellion; and for
indemnifying the Judges and other Officers of the Court of
Justiciary in Scotland, for not performing the Northern Circuit in
May, one thousand feven hundred and forty-fix; and for obliging the
Mafters and Teachers of private Schools in Scotland, and Chaplains,
Tutors, and Governors of Children or Youth, to take the Oaths to
his Majefty, his Heirs and Succeffors, and to Register the fame; it
was, among other Things, enacted, That, from and after the firft
day of August, one thoufand feven hundred and forty feven, no Man
or Boy, within that Part of Great Britain called Scotland, other
than fuch as should be employed as Officers and Soldiers in his
Majefty's Forces, fhould, on any Pretence whatfoever, wear or put
on the Clothes, commonly called Highland Clothes; (that is to fay,)
The Plaid, Philebeg or Little Kilt, Trowfe, Shoulder belts, or any
Part whatfoever of what peculiarly belongs to the Highland Garb,
and that no Tartan, or Party-coloured Plaid or Stuff, fhould be,
ufed for Great Coats or for Upper Coats, under the Penalties
therein mentioned; and the Time appointed for laying afide the faid
Highland Drefs was, in certain Cafes therein mentioned, further
prolonged by feveral Acts, one made in the twentieth, and the other
in the twenty-firft Year of the Reign of his faid late Majefty King
George the Second: And whereas it is judged expedient that fo much
of the Acts above mentioned as reftrains the Ufe of the Highland
Drefs fhould be repealed: Be it therefore enacted by the King's
moft Excellent Majefty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons, in this prefent
Parliament affembled, and by the Authority of the fame, That fo
much of the Acts above-mentioned, or any other Act or Acts of
Parliament, as refrtains the Ufe of the Highland Drefs, be, and the
fame are hereby repealed.