Selected quad for the lemma: lord_n
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B02300
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Commission of Justiciary for securing the peace of the Highlands
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Scotland. Sovereign (1694-1702 : William II)
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1697
(1697)
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Wing C5554; ESTC R171462
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7,415
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6
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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 after-mentioned have thought fit by vertue 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 vertue 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 saids Commissioners being of Consent fully impowered may Act and proceed more effectually for punishing repressing the Crimes above-mentioned 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 Carrell _____ 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 Collonel 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 Humphry 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 Baillie 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 Baillie of Mackairn Alexander Campbel of Kilmartoun George Campbel of Craignes younger _____ Cameron of Glendechry Sir John Hill Governour of Fort-William Lieutenant-Collonel Forbes or the Deputy Governour thereof conjunctly and severally to pursue Follow 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 Man-slaughters Murders harbouring or Resetting of Out-laws the transgressors of the Law concerning the Clan Gregor hounding-out or Ratihabiting Thiefs Robbers Sorners and others guilty of the foresaid Crimes and securing the Peace of the High-lands and incouragement of Vertue 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 Warrand to the saids 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 saids 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 saids Commissioners or any two of them to appoint Officials within the several Paroches of the saids 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 saids Bounds Malae famae and suspected of Thift corrospondents with Theives or of any of the Crimes above-mentioned that they may be secured and tryed by an Assize and be either purged by an Assize or punished and farder 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 Thieves their Resetters and others guilty of the
Crimes foresaid who have no dwelling-houses to compear-before the saids Commissioners shall be al 's 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 meettings to make choice of their own President to continue only for that meeting and to fence hold Courts of Justice and to creat Fiscals Serjeants Dempsters and all other members of Court as also to regulate the pryces 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 Paroches adjacent to the place where they hold their Courts Absent witnesses Assizers to un-law americat the un-laws americaments to uplift and exact to be applyed by the said Commissioners for defraying some part of the Expences 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 Moveable 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 tryal and the knowledge of an Assize and according as they shal be found Innocent or Guilty that they cause Justice be done upon them conform to the Laws and practise 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 shal 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 warrand 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 applyed for Defraying any part of the expenses of the saids 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 saids Commissioners more firm and effectual to the obtainers thereof for their further incouragement to administer Justice to Our good Subjects and to secure the peace of the Countrey 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 saids 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 saids 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 sist the Decreet be sustained and the Letters found orderly proceeded the Suspender shall also be decerned 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 Expences 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 Summond 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 Countrey and if any of the saids Heretors and others above-mentioned 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 Thieves out-laws and We hereby appoint the first general Metting of the saids Commissioners to be at Eorfar upon the first Thursday of June next to come And there to hold Court Adjourn and appoint new dyets 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 saids Commissioners to adjourne 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 after-mentioned 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 certifie the