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<NAME>Judith Siefring</NAME>
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<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD><HI>COMMISSION OF JUSTICIARY</HI> For Securing the Peace of the
<HI>Highlands.</HI></HEAD>
<OPENER><SIGNED><HI>WILLIAM</HI> by the Grace of GOD, King of <HI>Great-Britain,
France</HI> and <HI>Ireland,</HI> Defender of the Faith;</SIGNED>
<SALUTE>To all and &s;undry to
who&s;e knowledge the&s;e pre&s;ents &s;hall come, Greeting:</SALUTE></OPENER>
<P>Fora&s;much as, We
for puni&s;hing and repre&s;|&s;ing of Thifts, Depredations, Robberies,
Sornings and the like Crimes and Di&s;orders within the Bounds of the
<HI>Highlands,</HI> and for the better &s;ettling of Ju&s;tice, Peace and good
Order there, and in all the neighbouring Bounds, &s;pecially within the Shires
of <HI>Cathenes, Sutherland, Ro&s;s, Inverne&s;s, Cromartie, Nairn, Elgine,
Bamff, Aberdeen, Kincardine, Forfar, Perth, Stirling, Dumbartoun, Argile,
Tarbat, Bute;</HI> and others ad|jacent: Which Shires are to be divided into
three Di&s;tricts, in manner af|ter-mentioned, have thought fit, by vertue of
Our Prerogative Royal, to grant the Commi&s;&s;ion of Ju&s;ticiary following,
to the per&s;ons after-named, to whom al&s;o the Earl of <HI>Argile</HI> and
others having heretable Rights of Ju&s;tici|ary, are to grant their
Commi&s;&s;ions at lea&s;t to &s;o many of them who are wil|ling to act by
vertue of the &s;ame, and that for the whole Bounds within their &s;aid
re&s;pective heretable Ju&s;ticiaries, in the terms of the &s;everal Acts of
Our current Parliament, relating to the Ju&s;ticiary-Court in the
<HI>Highlands;</HI> And which Commi&s;&s;ions are to contain all the
nece&s;&s;ary and u&s;ual Powers, that the &s;aids Commi&s;&s;ioners being of
Con&s;ent fully impowered, may Act and pro|ceed more effectually for
puni&s;hing &amp; repre&s;&s;ing the Crimes above-mentioned. <HI>Therefore</HI>
We do hereby grant full Power, Authority, and Commi&s;&s;ion, expre&s;s Bidding
and Charge to Our Ju&s;tice-General, Ju&s;tice-Clerk, and Lords
Com|mi&s;&s;ioners of Ju&s;ticiary, <HI>John</HI> Earl of <HI>Tullibardine</HI>
Our principal Secretary of State, <HI>Archibald</HI> Earl of <HI>Argile,</HI>
the Earl of <HI>Marr,</HI> the Earl of <HI>Sutherland,</HI> the Earl of
<HI>Finlater,</HI> the Earl of Buchan, the Earl of <HI>Strathmore,</HI> the
Earl of <HI>Kin|tore,</HI> the Vi&s;count of <HI>Tarbat,</HI> the Lord
<HI>Strathnaver,</HI> Lord <HI>James Murray,</HI> the Lord <HI>Glenurchy,</HI>
the Lord <HI>Saltoun,</HI> the Lord <HI>Rae,</HI> the Lord <HI>Ruthven,</HI>
the Lord <HI>Duffus,</HI> Sir <HI>James Ogilvie</HI> Principal Secretary of
State, the Ma&s;ter of <HI>Forbes,</HI> Sir <HI>James Scougill</HI> of
<HI>Whitehill,</HI> Sir <HI>Patrick Ogilvie</HI> of <HI>Boyne, Ludovick
Grant</HI> of that Ilk, <HI>William Dunbar</HI> of <HI>Durn, Alexander
Ogilvie</HI> of <HI>Forglen, John Ogilvie</HI> of <HI>Kempeairn, Alexander
Hay</HI> of <HI>Ardenbath</HI> elder, <HI>Nicolas Dumbar</HI> of
<HI>Castle|field, <GAP DESC="blank"> Grant</HI> of <HI>Belnatoun</HI> elder,
Mr. <HI>Francis Grant</HI> of <HI>Belnatoun</HI> youn|ger, <HI>Alexander
Le&s;lie</HI> of <HI>Kininvie,</HI> Sir <HI>Thomas Burnet</HI> of
<HI>Leyes,</HI> Sir <HI>George Sin|clair</HI> of <HI>Clyth, William Dumbar</HI>
of <HI>Hempries,</HI> Mr. <HI>John Campbel</HI> Com|mi&s;&s;ar 
<PB N="2" REF="2">of <HI>Caithne&s;s,</HI> Sir <HI>Adam Gordon</HI> of
<HI>Dalfolly,</HI> Mr. <HI>John Gordon</HI> of <HI>Carrell, <GAP DESC="blank">
Dumbar</HI> of <HI>Sydery, David Ro&s;s</HI> of <HI>Balnagowan,
<GAP DESC="blank"> Monro</HI> of <HI>Fowlis, Hugh Monro</HI> of
<HI>Tennu&s;h,</HI> Sir <HI>Alexander Mackenzie</HI> of <HI>Cowl,</HI> Sir
<HI>Donald Bain</HI> of <HI>Tulloch, George Monro</HI> of <HI>New-more,</HI>
Mr. <HI>Simon Mackenzie</HI> of <HI>Tarradell, <GAP DESC="blank">
Mackinto&s;h</HI> of that Ilk, <HI>Duncan Forbes</HI> of <HI>Colloden,
Alexander Chi&s;holm</HI> of <GAP DESC="blank"> <HI>George Cuthbert</HI> of
<HI>Castle-hill,</HI> Mr. <HI>David Pol&s;on</HI> of <HI>Kinmyles,</HI> Mr.
<HI>Alexander Ro&s;s</HI> of <HI>Clava, <GAP DESC="blank"> Robert&s;on</HI> of
<HI>Inches <GAP DESC="blank"> Campbel</HI> of <HI>Calder</HI> younger,
<HI>James Frazer</HI> of <HI>Relict <GAP DESC="blank"> Frazer</HI> of
<HI>Balnamain, David Broddy</HI> of <HI>Lethem, David Cuthbert</HI>
Sheriff-De|pute of <HI>Nairn, <GAP DESC="blank"> Broddy</HI> of that Ilk,
<HI>George Broddy</HI> of <HI>A&s;lisk, Lu|dovick Dumbar</HI> of <HI>Grange,
Robert Dumbar</HI> of <HI>Dumfaill, <GAP DESC="blank"> Innes</HI> younger of
that Ilk, <HI>William Duff</HI> of <HI>Dipple, James Grant</HI> of
<HI>Galloway, John Grant</HI> of <HI>Clay-furrs, <GAP DESC="blank"> Grant</HI>
of <HI>Arntilly, Alexander Duff</HI> of <HI>Braco,</HI> Sir <HI>James
Abercrombie</HI> of <HI>Birkenbog, John Ander&s;on</HI> of <HI>Westertoun,
Alexan|der Duff</HI> of <HI>Drummuir, Charles Gordon</HI> of
<HI>Glengarrick,</HI> Sir <HI>John Forbes</HI> of <HI>Craigievar, Arthur
Forbes</HI> younger of <HI>Eicht, <GAP DESC="blank"> Le&s;lie</HI> of
<HI>Kincraigie</HI> Sir <HI>James Gordon</HI> of <HI>Le&s;more, Archibald
Forbes</HI> of <HI>Lickliehead, Arthur Forbes</HI> of <HI>Auchintoul,</HI> Sir
<HI>Robert Gordon</HI> of <HI>Gordonstoun, Thomas Hay</HI> of
<HI>Balhou&s;ie,</HI> Lieutenant Collonel <HI>John Areskin,</HI> Sir
<HI>William Stirling</HI> of <HI>Airdoch,</HI> Sir <HI>Thomas Murray</HI> of
<HI>Glendoick, James Hepburn</HI> of <HI>Men&s;trie, Adam Drummond</HI> of
<HI>Meggins, Robert Stuart</HI> of <HI>Ardvorleich</HI> elder, <HI>Stuart of
Ardvorleich</HI> younger, <HI>James Ram|&s;ay</HI> of <HI>Bamff,</HI> Mr.
<HI>Leonard Robert&s;on</HI> of <HI>Straloch, <GAP DESC="blank"> Mercer</HI> of
<HI>Clavadge, James Menzies</HI> of <HI>Culdair, John Cunninghame</HI> of
<HI>Baldalloch, <GAP DESC="blank"> Cunninghame</HI> younger of <HI>Buquhan,
William Stirling</HI> of <HI>Harbert&s;hire, Alexander Monro</HI> of
<HI>Bearcrofts,</HI> Sir <HI>Humphry Colquhoune</HI> of <HI>Lu&s;s, John
Mckfarland</HI> of <HI>Erchor</HI> younger, <HI>Patrick Murray</HI> of
<HI>Dullery, John Blair</HI> of <HI>Corbs, James Herron</HI> of <HI>Callie,
Alexander Robert&s;on</HI> of <HI>Fa&s;cally,</HI> Captain <HI>James
Menzies</HI> Tutor to the Laird of <HI>Weymes. Menzies</HI> of <HI>Sluan,
Lachlane Mackinto&s;h</HI> Tutor of <HI>Dalmungo, Craigie</HI> of
<HI>Dumbarnie</HI> younger, <HI>Cree</HI> <GAP DESC="blank"> Provo&s;t of
<HI>Perth, Colin Campbel</HI> of <HI>Lochland, James Drummond</HI> of
<HI>Comry,</HI> Mr. <HI>William Murray</HI> of <HI>Arbeny, <GAP DESC="blank">
Campbel</HI> of <HI>Balger&s;ho</HI> elder, <HI>Alexander Robert&s;on</HI> of
<HI>Craig</HI> Baillie of <HI>Perth,</HI> Sir <HI>Colin Campbel</HI> of
<HI>Ardkindlas,</HI> Sir <HI>Dun|can Campbel of Auchinbreck,</HI> Sir <HI>John
Campbel</HI> of <HI>Carrick, Archibald Campbel</HI> of <HI>Inneraul, Alexander
Campbel</HI> of <HI>Balcardine, Alexander Campbel</HI> of <HI>Lochnell, Donald
Campbel</HI> Baillie of <HI>Mackairn, Alexander Campbel</HI> of <HI>Kilmartoun,
George Campbel</HI> of <HI>Craignes</HI> younger, <HI><GAP DESC="blank">
Cameron of Glendechry,</HI> Sir <HI>John Hill</HI> Governour of
<HI>Fort-William,</HI> &amp; Lieutenant-Collonel <HI>Forbes,</HI> or the Deputy
Governour thereof, conjunctly and &s;everally, to pur&s;ue, Follow, take &amp;
apprehend Impri&s;on, and pre&s;ent to Ju&s;tice all per&s;ons within the
following Shires, of <HI>Caitne&s;s, Southerland, Ro&s;s, Inverne&s;s,
Cromartie, Nairn, Elgine, Bamff, Aberdeen, Kincardine, Forfar, Perth, Stirling,
Dumbritan. Argile, Tarbat, Bute,</HI> and others Adjacent, Guilty or
Su&s;pected to be guilty of Thift, Re&s;ett of Thift, Robries, Depredations,
Sornings, Thigging, exacting of Black-mail or any other Oppre&s;&s;ions,
Bange&s;teries, ma&s;terful or minacing Exactions, com|muning with
intercommuned Per&s;ons, Man-&s;laughters, Murders, harbouring or Re&s;etting
of Out-laws, the tran&s;gre&s;&s;ors of the Law concerning the Clan
<HI>Gregor,</HI> hounding-out or Ratihabiting Thiefs, Robbers, Sorners, and
o|thers guilty of the fore&s;aid Crimes, and &s;ecuring the Peace of the
<HI>High-lands,</HI> and incouragement of Vertue, and learning and &s;ettling
Indu&s;try among&s;t them And in ca&s;e any Per&s;ons within the bounds
fore&s;aid cannot be apprehended and pre&s;ented to Ju&s;tice, We hereby give
Warrand to the &s;aids Commi&s;&s;ioners or any one or two of them to i&s;&s;ue
forth Precepts, direct to Sheriffs, Officers, Stewarts, Baillzies, Mayors, or
Con&s;tables, to charge them to compear at the fir&s;t Ju&s;tice-court before
the &s;aids Commi&s;&s;ioners, or any five of them who are hereby declared to
be a <HI>Quorum,</HI> And where there is not already a &s;ufficient num|ber 
<PB N="3" REF="3">of Sheriff-Officers and other Officers with Power to the
&s;aids Commi&s;&s;i|oners, or any two of them to appoint Officials within the
&s;everal Paroches of the &s;aids Bounds, which Officials are to have the
&s;ame Power, given to Con|&s;tables by the Act of Parliament 1661, And who are
to give an account on all occa&s;ions to the next adjacent Commi&s;&s;ioners,
and to cite before them all Per&s;ons within the &s;aids Bounds, <HI>Malae
famae,</HI> and &s;u&s;pected of Thift, corro|&s;pondents with Theives or of
any of the Crimes above-mentioned, that they may be &s;ecured and tryed by an
A&s;&s;ize and be either purged by an A&s;&s;ize or puni&s;hed, and farder if
need require to find &s;ufficient Caution, and to declare that a Citation to be
u&s;ed at the Mercat-cro&s;s of the head Burgh of the Shire where the have
mo&s;t frequently haunted, again&s;t the &s;aid Thieves, their Re&s;et|ters and
others guilty of the Crimes fore&s;aid, who have no dwelling-hou&s;es to
compear-before the &s;aids Commi&s;&s;ioners, &s;hall be als &s;ufficient as if
they were per&s;onally Charged in re&s;pect of the uncertainty of their
Re&s;idence and difficul|ty of acce&s;s to them, and where they have Places of
Re&s;idence they are to be Cited per&s;onally or at their dwelling places, if
there be <HI>tutus acce&s;sus</HI> and if not at the head Burgh of the Shire
where they dwell, with Power to the &s;aid Com|mi&s;&s;ioners or any
<HI>Quorum</HI> of them, at their &s;everal meettings, to make choice of their
own Pre&s;ident to continue only for that meeting and to fence &amp; hold
Courts of Ju&s;tice, and to creat Fi&s;cals Serjeants, Demp&s;ters and all
other mem|bers of Court, as al&s;o to regulate the pryces &amp; correct the
abu&s;es of their Clerks or deprive them in ca&s;e of malver&s;ations, as
likeways with power to the &s;aid Com|mi&s;&s;ioners or any <HI>Quorum</HI> of
them to cite witne&s;&s;es, to call per&s;ons to pa&s;s upon In|que&s;t, out of
any &s;ix Paroches adjacent to the place where they hold their Courts; Ab&s;ent
witne&s;&s;es &amp; A&s;&s;izers to un-law, &amp; americat, the un-laws &amp;
americaments to uplift and exact to be applyed by the &s;aid Commi&s;&s;ioners,
for defraying &s;ome part of the Expences, &amp; the Fees of the other members
of Court; And in the &s;aid Court to call the &s;aid per&s;ons, either cited or
impri&s;oned as guilty, or &s;u&s;pected to be guilty of the fore&s;aid Crimes,
or any of them; and to declare &s;uch as are ab&s;ent Fugitives from the Laws,
and to i&s;&s;ue forth their precepts for denouncing them Rebels. and putting
them to the Horn. and to intercommun according to Law, and the practice in
&s;uch ca&s;es and ordaining all their Move|able goods to be E&s;cheat, and in
brought for Our u&s;e for their contempt and di&s;obedience, &amp; &s;uch as
&s;hall compear and be brought before them as pri&s;oners to put them to tryal,
and the knowledge of an A&s;&s;ize, and according as they &s;hal be found
Innocent or Guilty, that they cau&s;e Ju&s;tice be done upon them, conform to
the Laws and practi&s;e of the Kingdom; provideing always that when any
Landed-man is cited or brought before the &s;aid Commi&s;&s;ioners, as guilty
or &s;u&s;|pected to be guilty of Thift, or the re&s;ett of Thift, if he
compear and be put to the knowledge of an inque&s;t, the &s;aid
Commi&s;&s;ioners or &s;uch of them as &s;hall happen to &s;it for the time
&s;hall before pronouncing of Sentence condemnatory either as to Life or Limb,
be obliedged to report the &s;tate of the proce&s;s to the Lords of Our Privy
Council, that they may give &s;uch directions therein as they &s;hal think fit,
but if they compear not and be declared Fugitives that their-moveables be
intrometted with and E&s;cheated as other Fugitives, And we do hereby give
Power and warrand to the &s;aid re&s;pective Commi&s;&s;ioners to intromett
with, uplift and receive, the &s;aid E&s;cheat goods of &s;uch as &s;hall be
convict, or declared Fugitives in manner fore&s;aid, to be applyed for
Defray|ing any part of the expen&s;es of the &s;aids Commi&s;&s;ioners, and
members of Court in the Execution of this Commi&s;&s;ion, with Power to them to
nominat and ap|point Collectors of the &s;ame. And for rendering the Decreets
and Sentences of the &s;aids Commi&s;&s;ioners more firm and effectual to the
obtainers thereof, &amp; for their further incouragement, to admini&s;ter
Ju&s;tice to Our good Subjects, and to &s;ecure the peace of the Countrey,
within their re&s;pective bounds; It is Our expre&s;s Will and Plea&s;ure, and
we &s;trictly require and Command the Decreets, <PB N="4" REF="4">Acts, and
Sentences, to be pronounced by them in manner fore&s;aid, to be put in all due
and lawful Execution, Prohibiting hereby and di&s;charging the Lords of Our
Privy Council, Lords of Se&s;&s;ion,, and Lords of Ju&s;ticiary, to pa&s;s any
Bills of Advocation upon any ground or pretence what&s;oever; As al&s;o
prohi|biting and di&s;charging the &s;aids Lords of Privy Council &amp; of
Se&s;&s;ion, and Ju&s;ti|ciary, to Pa&s;s any Bills of Su&s;pen&s;ion or to
grant any Si&s;ts of Procedure, and Execution of the &s;aids Decreets or
Sentences upon any ground or pretence what|&s;oever, unle&s;s the &s;aid
Su&s;pen&s;ion or Si&s;t of execution be fir&s;t cogno&s;ced, or granted by a
<HI>Quorum</HI> of the Council Signeing the &s;ame, and if notwith&s;tand|ing
the Su&s;pen&s;ion or &s;i&s;t, the Decreet be &s;u&s;tained, and the Letters
found order|ly proceeded, the Su&s;pender &s;hall al&s;o be decerned at lea&s;t
in a third part more than the Sums charged for, with what more the Lords of
Privy Council &s;hall Judge rea&s;onable to the Charger for his Expences and
Damnage, and for the more effectual rootting out, of all Thifts and Roberies,
We do allow and ap|prove, that at their fir&s;t meeting or any other Meeting or
Meetings they &s;hall judge convenient; They Summond before them all Heretors,
Liferenters, Wod|&s;etters, pre&s;ent Po&s;&s;e&s;&s;ors of any Lands or
E&s;tate within the Highlands of the fore&s;aid Shires, &amp; exact from them
true li&s;ts of all men above twelve years of Age that live upon their Lands,
whom upon Citation they are to pre&s;ent when cal|led, for whom they are to
give Bond and Caution conform to the Acts of Par|liament: And that the&s;e for
whom no Security can be had may be di&s;po&s;ed of by the Commi&s;&s;ioners or
their <HI>Quorum</HI> afore&s;aid, &s;o as they may be no more a trouble to the
Peace of the Countrey, and if any of the &s;aids Heretors and o|thers
above-mentioned appear not or refu&s;e to give Bond and Caution and li&s;ts or
give up untrue ones, then and in that ca&s;e We ordain that either they be
pro|ceeded again&s;t as ab&s;ents, or as Harbourers and Re&s;etters of Thieves
&amp; out-laws and We hereby appoint the fir&s;t general Metting of the &s;aids
Commi&s;&s;i|oners to be at <HI>Eorfar</HI> upon the fir&s;t
<HI>Thur&s;day</HI> of <HI>June</HI> next to come, And there to hold Court,
Adjourn and appoint new dyets as they &s;hall find expedient; And to the effect
their Meetings may be the more Exact and better calculat for the di&s;patch of
bu&s;ine&s;s; But] with|out derogation of the power given to the &s;aids
Commi&s;&s;ioners to ad|journe their Meetings as they &s;hall think fit, We
hereby appoint on of the Commi&s;&s;ioners above to be Conveener of the re&s;t
in each di&s;trict, when any occa&s;ion falls out which requires their Meetings
before the day to which they were adjourned, according to the Divi&s;ion
after-mentioned, <HI>viz.</HI> For the North Di&s;trict including the Shires of
<HI>Caitne&s;s, Sutherland, Ro&s;s, Inverne&s;s, Cro|marty, Nairn, Elgine,
Bamff, Aberdeen,</HI> and <HI>Kincardine,</HI> The Earl of <HI>Fin|later,</HI>
and in his ab&s;ence the Laird of <HI>Grant,</HI> And for the middle
di&s;trict, in|cluding the Shires of <HI>Forfar, Perth, Stirling,</HI> and
<HI>Dumbartoun;</HI> The Earl of <HI>Tullibardine,</HI> and in his ab&s;ence
the Lord <HI>Ruthven.</HI> And for the We&s;t di&s;trict in|cluding the Shires
of <HI>Argyle, Tarbat,</HI> and <HI>Bute,</HI> The Earl of <HI>Argyle,</HI> and
in his ab&s;ence Mr. <HI>John Campbel</HI> Sheriff-Deput of <HI>Argile;</HI>
Which Conveeners are to appoint the mo&s;t convenient times and places for the
re&s;t of the Commi&s;&s;ioners, or at lea&s;t a <HI>Quorum</HI> of them to
meet at: Hereby al&s;o requiring &s;uch as are &s;o called to give attendance
and not to be ab&s;ent unle&s;s upon relevant Grounds, and whereof they are to
cer|tifie the Conveeners under the pain of lo&s;ing their Share of the tru&s;t
and autho|rity, hereby committed unto them, And &s;icklike nominates and
appoints the fore&s;aid Conveeners or major part of them to be Conveeners, for
calling to|gether the general Meeting of the Commi&s;&s;ioners of the whole
Di&s;tricts, once or twice a year, or oftner as they &s;hall think
nece&s;&s;ary at &s;uch Times and Places as they &s;hall think mo&s;t proper
and convenient, allowing al&s;o that notwith|&s;tanding of the Divi&s;ion
hereby made in particular Di&s;tricts, That all per&s;ons named in this
Commi&s;&s;ion have Right and Power to act as Commi&s;&s;ioners and 
<PB N="6" REF="5">and &s;it in any ju&s;tice Court holden by vertue hereof, as
weel without the Di|&s;trict where they live as within the &s;ame, as al&s;o
with Power to the &s;aid Com|mi&s;&s;ioners or any of them in ca&s;e of
Convocations, or open Depredations, to call and require Our Leidges to their
a&s;&s;i&s;tance, and give Warrand to pur&s;ue all Fugitives within the &s;aid
Shires, for apprehending them and pre&s;enting them to Ju&s;tice, as al&s;o to
require all Sheriffs, Stewarts, Baillies of Royallities, Regalities and
Baronies, to be aiding and a&s;&s;i&s;ting to them therein as they &s;hall be
requir|ed be the &s;aid Commi&s;&s;ioners or any one of them for apprehending
Fugitives and recovering goods, taken by Heir&s;hips or Depredations, wherein
they are not to fail as they &s;hall be an&s;werable upon their Duties and
Offices, and the &s;aid Sheriffs and other Judges ordinary are ordained not
only to give concurrence and aid to the &s;aid Commi&s;&s;ioners as they
&s;hall be required, But al&s;o to afford them Pri&s;on-hou&s;es in Burghs, and
Court-hou&s;es for keeping their Meetings, and upon all occa&s;ions the &s;aid
Sheriffs and Magi&s;trates of Burghs Royal are hereby ordained to receive any
Pri&s;oners, &s;ent to them by the &s;aid Commi&s;|&s;ioners or any one of
them, with a <HI>mittimus</HI> under their hand for that effect, and keep and
detaine them in &s;ure Pri&s;on, untill they be brought unto a le|gal tryal, or
di&s;mi&s;t by order of a <HI>Quorum</HI> of the &s;aids Commi&s;&s;ioners in
write And if it &s;hould happen that the Fugitives do e&s;cape out of all the
fore|&s;aid Shires, in that ca&s;e they are to acquaint the Judges ordinary of
the Shires to which they have re&s;orted, who are hereby ordered to apprehend
them or failzing thereof to pur&s;ue them out of their Juri&s;diction; And to
the effect that &s;uch Tran&s;gre&s;&s;ors may be notourly known: The
Commi&s;&s;ioners who &s;hall declare any Fugitives, &s;hall make Intimation of
their Names and De&s;ignations to the Clerks of Our Privy Council, that the
&s;ame may be Printed and publi&s;h|ed to the Sheriffs of the next adjacent
Shires to the place where &s;uch a Court is holden, and the Sheriffs are to
cau&s;e intimat the &s;ame at the Paroch Churches within their re&s;pective
juri&s;dictions, that no per&s;on pre&s;ume to re&s;et &s;upply or harbour
them; And We hereby appoint that the Clerks of the re&s;pective Courts, &s;hall
give account to the Clerks of Privy Council what Per&s;ons are condemned, and
what Per&s;ons are declared Fugitives, and that twice in the year, once in the
Month of <HI>May,</HI> and once in the Month of <HI>September.</HI> that the
Lords of Privy Council may know the Condition of the&s;e Shires, and what
diligence the &s;aid Commi&s;&s;ioners u&s;e in the pro&s;ecution of the &s;aid
Com|mi&s;&s;ion; and further for defraying the Commi&s;&s;ioners Charges we
allow them to decerne for and to add a tenth part to each Lybel and Decreet
pronun|ced by them, which Tenth-Part is to be payed to the &s;aid
Commi&s;&s;ioners by the &s;aids Defenders if they &s;uccumbe in the Cau&s;e,
and by the pur&s;uers in ca&s;e the Defender be a&s;&s;oilzied, And We hereby
require the Commanders of our Forces, and Governour of <HI>Inverlochie</HI> and
Commandants of parti|cular Gari&s;ons or any other Officers of our Forces, to
give parties of Hor&s;e and Foot, from time to time to attend the &s;aid Courts
as they &s;hall be adverti&s;ed by the Commi&s;&s;ioners that are to hold them,
As al&s;o, the &s;aid Governour or any other Officer of the &s;aid Forces, are
hereby required to give concurrance at Poyndings, and to convey the &s;aid
Goods &s;o poynded out of Danger &amp; Defor|cement and that without any
reward: As al&s;o, to apprehend and &s;eize any per|&s;on or Per&s;ons
contained in li&s;ts, to be given in to them by the &s;aid Com|mi&s;&s;ioners.
And likeways, We do hereby appoint Collonel <HI>John Hill</HI> and Leutennant
Collonel <HI>Forbes</HI> his Deputy Governour at <HI>Inverlochie,</HI> and
failzing of them, the per&s;ons &s;ucceeding to them in the &s;aids Charges, to
be Mem|bers of this pre&s;ent Commi&s;&s;ion, allowing the &s;aid Governour to
di&s;charge the duty of a Conveener, if need be: And for making di&s;tinction
betwixt peaceable and hone&s;t Men, and Thieves and Broken per&s;ons, no
per&s;on living within any part of the <HI>Highlands</HI> of the &s;aid Shires,
are to bring any Cows, Hor&s;e, or other Be&s;tial to
<GAP DESC="illegible" RESP="OXF" EXTENT="1 span"> a Te&s;tificat of a Landed-man 
<PB N="7" REF="6">in Write, bearing the Number of the Bea&s;ts, and Name and
Place of Re&s;idence of the Drover, and atte&s;ting that they are leelly come,
under the pain of Sei&s;ure and Confi&s;cation thereof as &s;tolen Goods, and
if &s;ome &s;uch Te&s;tificat &s;hould be granted, and afterwards it &s;hould
be found that any of the &s;aids Bea&s;ts &s;hould be &s;tolen, the Landed-man
Atte&s;ter &s;hall be lyable as if he were guilty in &s;o far as &s;hall be
extended to Re&s;titution and Damage, and what the Law provides without any
favour, and Ma&s;ters and Magi&s;trats who have power of Mercats, and Clerks
thereof, are hereby di&s;charged to permit any Bea&s;ts to be Sold or Bought at
any Mercats, till the Seller deliver unto him his &s;aid Certificat; With
Certification that the Magi&s;trats, Ma&s;ter or Clerk, &s;hall be lyable for
any Bea&s;ts &s;o &s;old, and whereof the Clerk keeps not the Cer|tificat
afore&s;aid, as if they were Airt and Part of the Theft them&s;elves, in &s;o
far as extends to Re&s;titution as &s;aid is: And its hereby Declared, that it
&s;hall not be lawful to any per&s;on in the <HI>Highlands,</HI> to travel with
Arms from the ordinar place of their Re&s;idence, without a pa&s;s or
Certificat from the Sheriff or his Deputs, or from a Ju&s;tice of Peace, or any
of the &s;aids Commi&s;&s;ioners, or Mini&s;ters within the Bounds of the Place
from which he is to travel, bearing the occa&s;ion thereof which is to have a
particular Date, and to continue only for that Journey, with Power to the
&s;aid Com|mi&s;&s;ioners, or any of them or any having their warrand to
&s;eize upon, ap|prehend and impri&s;on all &s;uch per&s;ons wanting pa&s;&s;es
as a fore&s;aid as Thieves, Sorners and Vagabounds; till they find Caution for
their good behaviour, and an&s;wer to any accu&s;ation that can be brought
again&s;t them. And it is likeways hereby declared that this Our Commi&s;&s;ion
&s;hall be no ways prejudicial to the Right and Juri&s;diction of any Sheriffs,
Stewarts and Bailies of Royeal|lities, and Lords and Baillies of Regalities,
who all and ilk an of them may pro|ceed notwith&s;tanding thereof, again&s;t
Per&s;ons guilty of thift, &amp; the receipt of of Thift, and other Crimes
afore&s;aid in the &s;ame way and manner as they were formerly in u&s;e to do
conform to the Laws if they be the fir&s;t attachers and &s;hall prevent the
&s;aid Commi&s;&s;ioners in diligence. And further, if it &s;hall be found
needfull by the Per&s;ons already named in this Commi&s;&s;ion, that any others
be added unto them for their a&s;&s;i&s;tance, We do hereby impower, the Lords
of Our Privy Council, upon application made to them by a <HI>Quorum</HI> of the
Commi&s;&s;ioners of any of the three Di&s;tricts, to ad to this pre&s;ent
Nomination, &s;uch per&s;on or per&s;ons as the &s;aid Court Commi&s;&s;ioners
of the &s;aid Di&s;trict: And this Our Commi&s;&s;ion is to continue and endure
to the la&s;t day of <HI>December</HI> 1699 years, unle&s;s the &s;ame &s;hall
be Revocked or Recalled by Us before that time; In Te&s;timony where|of, Our
Great Seal is hereto appended.</P>
<CLOSER><DATELINE><HI>Given at Our Court at</HI> Ken&s;ingtoun 
<DATE><HI>the Thirty day of</HI> March 1697, <HI>and of Our Reign
  the Eight Year.</HI></DATE></DATELINE></CLOSER>
<CLOSER>GOD &s;ave the King.</CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P><HI>Edinburgh,</HI> Printed by the Heirs and Succe&s;&s;ors of
<HI>Andrew Ander&s;on,</HI> Printer to the King's mo&s;t Excellent Maje&s;tie,
<HI>Anno DOM.</HI> 1697.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
