Commission of Justiciary
Encyclopedia
A commission of justiciary was a method of law enforcement employed in Scotland
, in particular in the 16th and 17th centuries.
In an era when the practical reach of central government was limited, the issuing authority (generally the king) would issue a commission to a single individual or a number of individuals authorising and requiring him or them to take steps to deal with the particular problem with which the authority was concerned. The problem might consist in a particular crime, a particular criminal or criminals, or wider local disorder.
in favour of the Earl of Sutherland
contains characteristic language, authorising a number of individuals:
Notable examples of commissions of fire and sword include:
and the gentlemen of the king’s chamber for control over the process, resulting in orders by the council in 1587, 1594 and 1598, which cancelled all existing commissions, and in 1608, which cancelled commissions that permitted the bearing of fire-arms. A statute in 1592 also sought to put an end to general commissions (as opposed to particular commissions targeted against specific individuals), and the establishment of a register of signet commissions in 1608 is further evidence of the council’s (ultimately successful) campaign to regularise their issue.
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...
, in particular in the 16th and 17th centuries.
In an era when the practical reach of central government was limited, the issuing authority (generally the king) would issue a commission to a single individual or a number of individuals authorising and requiring him or them to take steps to deal with the particular problem with which the authority was concerned. The problem might consist in a particular crime, a particular criminal or criminals, or wider local disorder.
Commission of fire and sword
The powers granted under such commissions were extensive and draconian and often included the power to administer summary justice, with no subsequent obligation to account for the steps taken. The archetype was the “commission of fire and sword” which features so prominently in clan history in the Highlands. A commission granted in 1649 by the estates of parliamentParliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
in favour of the Earl of Sutherland
Earl of Sutherland
Earl of Sutherland is a title in the Peerage of Scotland. It was created circa 1230 for William de Moravia. The Earl of Sutherland is also the Chief of Clan Sutherland...
contains characteristic language, authorising a number of individuals:
- “to search, seek, take and apprehend the aforesaid persons, rebels and fugitives above-named, wherever they can be apprehended; and if they can be captured, to put them to the knowledge of any assize for the crimes aforesaid and to administer justice upon them and execute them to the death; and, if need be, to raise fire and sword and to burn their houses and slay them in case they make opposition or resistance in the taking and apprehending.”
Notable examples of commissions of fire and sword include:
- The commission obtained by Galbraith of CulcreuchClan GalbraithClan Galbraith is a Scottish clan. The clan does not have a chief recognised by the Lord Lyon King of Arms. Because of this, the clan is considered an armigerous clan, and as such Clan Galbraith has no standing under Scots Law. The clan-name of Galbraith is of Gaelic origin, however its meaning...
against the Clan Gregor in 1593; - The commission obtained by Mackenzie of KintailKenneth Mackenzie, 1st Lord Mackenzie of KintailKenneth Mackenzie, the first Lord Mackenzie of Kintail , was a Highland clan chief who secured for himself and his heirs the entirety of the island of Lewis in the Outer Hebrides and successfully pursued a bloody feud with the Macdonells of Glengarry.-Origins:Mackenzie was the son of Colin Cam...
against MacleodsClan MacLeod of LewisClan Macleod of The Lewes, commonly known as Clan MacLeod of Lewis, is a Highland Scottish clan, which at its height held extensive lands in the Western Isles and west coast of Scotland. From the 14th century up until the beginning of the 17th century there were two branches of Macleods: the...
in LewisLewisLewis is the northern part of Lewis and Harris, the largest island of the Western Isles or Outer Hebrides of Scotland. The total area of Lewis is ....
in 1596/7, which was intermittently renewed and led ultimately to Mackenzie’s annexation of Lewis; - The commission obtained by the Earl of ArgyllArchibald Campbell, 1st Marquess of ArgyllArchibald Campbell, 1st Marquess of Argyll, 8th Earl of Argyll, chief of Clan Campbell, was the de facto head of government in Scotland during most of the conflict known as the Wars of the Three Kingdoms, also known as the British Civil War...
against royalists in AthollAthollAtholl or Athole is a large historical division in the Scottish Highlands. Today it forms the northern part of Perth and Kinross, Scotland bordering Marr, Badenoch, Breadalbane, Strathearn, Perth and Lochaber....
and AngusAngusAngus is one of the 32 local government council areas of Scotland, a registration county and a lieutenancy area. The council area borders Aberdeenshire, Perth and Kinross and Dundee City...
in 1640; - The commission obtained by MackintoshClan MacKintoshClan Mackintosh is a Scottish clan from Inverness with strong Jacobite ties. The Mackintoshes were also chiefs of the Chattan Confederation.-Origins:...
of Torcastle against Macdonald of KeppochClan MacDonald of KeppochClan MacDonald of Keppoch, also known as Clan Ranald of Lochaber, is a Scottish clan and a branch of Clan Donald.-History:The MacDonalds of Keppoch are descended from Alistair Carrach Macdonald who was a younger son of Good John of Islay, Lord of the Isles, 6th chief of Clan Donald and his second...
in 1681 and 1688, resulting in the Battle of MulroyBattle of MulroyThe Battle of Maol Ruadh was fought in August 1688 in the Lochaber district of Scotland between the Chattan Confederation led by the Clan Mackintosh against the Clan MacDonald of Keppoch and the Clan Cameron...
;
Political control
A system of this kind was clearly open to abuse and was not infrequently employed by the great magnates to carry on personal feuds or campaigns of self-aggrandisement. In the late 16th century there was something of a power struggle between the privy councilPrivy Council of Scotland
The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
and the gentlemen of the king’s chamber for control over the process, resulting in orders by the council in 1587, 1594 and 1598, which cancelled all existing commissions, and in 1608, which cancelled commissions that permitted the bearing of fire-arms. A statute in 1592 also sought to put an end to general commissions (as opposed to particular commissions targeted against specific individuals), and the establishment of a register of signet commissions in 1608 is further evidence of the council’s (ultimately successful) campaign to regularise their issue.