Act of Proscription 1746
Encyclopedia
The Act of Proscription (19 Geo. 2, c. 39) was an Act
of the Parliament of Great Britain
, which came into effect in Scotland
on 1 August 1746. It was part of a series of efforts to assimilate the Scottish Highlands
, ending their ability to revolt, and the first of the 'King's laws' which sought to crush the Clan system
in the aftermath of the Jacobite Rising of 'Forty-Five
. These laws were finally repealed on 1 July 1782.
forces under the Duke of Cumberland had been brutal in putting down any hint of Jacobite resistance among Highlanders, and the Act can be seen as Parliament asserting the supremacy of the Civil Courts over unconstitutional military coercion.
, but with more severe punishments which this time were rigorously enforced. Punishments started with fines, with jail until payment and possible forced conscription for late payment. Repeat offenders were "liable to be transported to any of his Majesty's plantations beyond the seas, there to remain for the space of seven years", effectively indentured slavery.
The penalties for wearing "highland clothing" as stated in the Act of Proscription were "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. . ." No lesser penalties were allowed for.
commented that "the last law by which the Highlanders are deprived of their arms, has operated with efficacy beyond expectations... the arms were collected with such rigour, that every house was despoiled of its defence". As well as preventing future rebellion this made a rarity of what had been a frequent occurrence of a minor disagreement between two Highlanders escalating, often ending in deaths or injuries.
s for the King and Royal family.
Claims that other portions of the Act of Proscription prohibited the playing of bagpipes, the gathering of people, and the teaching of Gaelic
(the Highlander's native tongue) do not appear to be supported by the text of the Act at the link shown below.
The portions that forbade other acts were covered under the generality of this part of the statute: "any part whatsoever of what peculiarly belongs to the highland garb. . ." The "whatsoever" makes it clear that this was not restricted to "only" traditional clothing. As bagpipes "belonged to the highland garb" and the Scottish Gaelic language could also be thus interpreted, these were used to that effect.
The most severe penalties, at a minimum six months incarceration and transportation to a penal colony for a second offense, made these the most severe portion of this act.
which removed the feudal authority the Clan Chieftains had enjoyed. Scottish heritable sheriffdoms reverted to the Crown, and other heritable jurisdictions, including regalities
, came under the power of the British courts.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, which came into effect in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
on 1 August 1746. It was part of a series of efforts to assimilate the Scottish Highlands
Scottish Highlands
The Highlands is an historic region of Scotland. The area is sometimes referred to as the "Scottish Highlands". It was culturally distinguishable from the Lowlands from the later Middle Ages into the modern period, when Lowland Scots replaced Scottish Gaelic throughout most of the Lowlands...
, ending their ability to revolt, and the first of the 'King's laws' which sought to crush the Clan system
Scottish clan
Scottish clans , give a sense of identity and shared descent to people in Scotland and to their relations throughout the world, with a formal structure of Clan Chiefs recognised by the court of the Lord Lyon, King of Arms which acts as an authority concerning matters of heraldry and Coat of Arms...
in the aftermath of the Jacobite Rising of 'Forty-Five
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
. These laws were finally repealed on 1 July 1782.
Background
The BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
forces under the Duke of Cumberland had been brutal in putting down any hint of Jacobite resistance among Highlanders, and the Act can be seen as Parliament asserting the supremacy of the Civil Courts over unconstitutional military coercion.
Penalties
It was mainly a restatement of the earlier Disarming ActDisarming Act
After the Jacobite Rising of 1715 ended it was evident that the most effective supporters of the Jacobites were Scottish clans in the Scottish Highlands and the Disarming Act attempted to remove this threat....
, but with more severe punishments which this time were rigorously enforced. Punishments started with fines, with jail until payment and possible forced conscription for late payment. Repeat offenders were "liable to be transported to any of his Majesty's plantations beyond the seas, there to remain for the space of seven years", effectively indentured slavery.
The penalties for wearing "highland clothing" as stated in the Act of Proscription were "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. . ." No lesser penalties were allowed for.
Comment
Dr. Samuel JohnsonSamuel Johnson
Samuel Johnson , often referred to as Dr. Johnson, was an English author who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer...
commented that "the last law by which the Highlanders are deprived of their arms, has operated with efficacy beyond expectations... the arms were collected with such rigour, that every house was despoiled of its defence". As well as preventing future rebellion this made a rarity of what had been a frequent occurrence of a minor disagreement between two Highlanders escalating, often ending in deaths or injuries.
Sections of the Act
A new section, which became known as the Dress Act, banned wearing of "the Highland Dress". Provision was also included to protect those involved in putting down the rebellion from lawsuits. Measures to prevent children from being "educated in disaffected or rebellious principles" included a requirement for school prayerSchool prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...
s for the King and Royal family.
Claims that other portions of the Act of Proscription prohibited the playing of bagpipes, the gathering of people, and the teaching of Gaelic
Scottish Gaelic language
Scottish Gaelic is a Celtic language native to Scotland. A member of the Goidelic branch of the Celtic languages, Scottish Gaelic, like Modern Irish and Manx, developed out of Middle Irish, and thus descends ultimately from Primitive Irish....
(the Highlander's native tongue) do not appear to be supported by the text of the Act at the link shown below.
The portions that forbade other acts were covered under the generality of this part of the statute: "any part whatsoever of what peculiarly belongs to the highland garb. . ." The "whatsoever" makes it clear that this was not restricted to "only" traditional clothing. As bagpipes "belonged to the highland garb" and the Scottish Gaelic language could also be thus interpreted, these were used to that effect.
The most severe penalties, at a minimum six months incarceration and transportation to a penal colony for a second offense, made these the most severe portion of this act.
Following Act
The Act of Proscription was followed by the Heritable Jurisdictions (Scotland) Act 1746Heritable Jurisdictions (Scotland) Act 1746
The Heritable Jurisdictions Act 1746 was an Act of the British Parliament passed in the aftermath of the Jacobite rising of 1745....
which removed the feudal authority the Clan Chieftains had enjoyed. Scottish heritable sheriffdoms reverted to the Crown, and other heritable jurisdictions, including regalities
Regality
A regality was a territorial jurisdiction in old Scots law which might be created by the King only, by granting lands to a subject in liberam regalitatem, and also the tract of land over which such a right extended....
, came under the power of the British courts.