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 onely 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 ly open and are subject to the incursions, depredations, and the barbarous cruelty and oppression of Theeves, 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, entituled, 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 Subjects 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 dwelt 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 after-mentioned; That is to say, If any of their Men-tennents, Servants [Page 4]or Indwellers upon their Lands, Steedings, 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 tryal and underly the Law for the same, and that the saids Landlords and Bailiffs shall satisfie the parties skaithed and grieved, in manner therein mentioned. And likewise, that the Landlords and Bailiffs concur, fortifie 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 stayes and arrests them not when they pass through their bounds with any other mens Goods reft or stollen, that they shall be holden to bring and present the person offending to Justice, and to satisfie 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, entituled, The manner how Goods taken away may be repeated; and the hundred and two Act of the said Parliament, entituled, 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 Theeves and dis­obedient Persons and Clannes, that dare not come to publick Mer­cats in Low-lands themselves, where-through, the execution of the Acts made against Sorners, Clannes and Theeves 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, entituled, 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 Theeves, Sorners and Ressetters of them in their wicked and odious crimes and deeds: That therefore there be a Roll and Catalogue made [Page 5]of all persons, and the surnames therein mentioned suspected of slaughter, theft, reef, resset of theft, or theeves, 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 Houshol­ders 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 possest 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 saids 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 alledged violent deeds committed against them by any of Our Lieges, except they instruct with their Summons, that the persons alledged hurt, spuilzied, flain 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 Thier 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 main­tainance to Theeves and Sorners, or receive their caulps and herzelds, or who hath had the saids Theeves 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, entituled, 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 lyable for the restitution of the Goods away taken or the value thereof, to command all fensible persons to concur in the pursute of the saids Goods and away takers thereof, under the pain fore­said if they disobey. And if the saids Theeves 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 [Page 6]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 saids 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 oblieged 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 joyn 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 lyable 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 Theef, after he is out-lawed and denunced Fu­gitive, shall have two hundred pounds Scots for every Robber and Theef 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 necessar that not onely 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 lyable 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 saids 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 saids bounds, being inured 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 insolencies 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 saids 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, [Page 7]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 saids 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 lyable and oblieged to answer by Our saids 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 Geer but by order of Law and Justice; and that they shall be an­swerable to Justice, and satisfie 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 saids 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 saids 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 Successours in their Lands, Bailieries and Ju­risdictions within the Highlands, and these who shall be Chieftains of the said Clannes for the time, shall be oblieged to appear before the Lords of Our Privy Council yearly, the said second Thurs­day of July; To the effect, that these who are lyable 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 saids Landlords, Bailiffs and Chieftains of Clannes may receive such orders and instructions as the saids Lords of Our Privy Council shall think fit to give, for keeping and preserving the peace of the Highlands: With certification, that these who shal not appear the said last Thursday of February, and there­after the said second Thursday of July yearly, before the Lords of [Page 8]Our Privy Council, for their absence and contumacy, shall be unlawed and ordained to pay, toties quoties, such sums as the saids 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 after-mentioned, shall be sufficient to obliege the saids 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 saids 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 Theeves and broken men. And because it may be pretended, that the saids 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 shal be charged to find the caution foresaid, by vertue 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 saids per­sons for debt or any other civil cause, by vertue of Letters of Caption, or any other precept or warrand: 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 Countrey, and shall be highly fyned and unlawed for their [Page 9]absence and contumacy, and otherwayes 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 Geer 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 Theeves, broken men or other Inhabitants within the said Highlands, the pains contained in Our saids 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 saids 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, shal be examplarly punished according to Law; and if they be absent, they shall be out-lawed and declared Fugi­tives and denunced, and shall be esteemed and prosecuted as Re­bells and publick 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 saids Lords of Our Council, will take all other wayes that shall be thought ne­cessary or expedient to the end foresaid, until the said Highlands be fully quieted, and all Theeves, wicked, disorderly and broken men be utterly rooted out and extirped. And farder, 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 Earle of Caithness, Sir James Campbel of Lawyers, James Menzies of Culdaures, or any two of them, Who are hereby commissionate for receiving of the saids bands conform to the list hereunto subjoyned; with certification to the saids persons, or any of them who shall not compear before Our saids Commissio­ners betwixt and the day foresaid, or compearing shall refuse to give in the said band, they shal be called before Our Council, pursued and punished as fugitives and outlaws, and disturbers of the publick peace. And the saids Commissioners are hereby allowed to give them pro­tection [Page 10]in manner and for the space foresaid. And ordains these presents to be Printed, and published at the Mercat Crosses of the head Burghs of the several Shires of this Kingdom; As aso, 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 Marquess of Athol, Robert Camphel of Glenlyon, Alexander Robertsone of Strowan, Sir Alexander Menzies of Weyme, John Campbel of Fordell, [...] 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 Marquess 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 Earle 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 Alter, 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 Lawers, 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 Balqu [...]idder, 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 Camerons 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 [Page 11] 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 bro­thers son, Alexander Ferquharsone of Wardhouse, [...] Ferquhar­son of Monaltrie, John Ferquharsone of Innerey, Duncan Mcpherson of Cluny, 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 Carren, and Allan Grant of Tulloch.