Act of Proscription 1746 facts for kids
| Act of Parliament | |
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| Long title |
An act for the more effectual disarming the highlands in Scotland; ...
An act for the more effectual disarming the highlands in Scotland; and for the more effectual securing the peace of the said highlands; and for restraining the use of the highland dress; and for further indemnifying such persons as have acted in the defence of His Majesty's person and government, during the unnatural rebellion; and for indemnifying the judges and other officers of the court of judiciary in Scotland, for not performing the northern circuit in May, one thousand seven hundred and forty six; and for obliging the masters and teachers of private schools in Scotland, and chaplains, tutors and governors of children or youth, to take the oaths to his Majesty, his heirs and successors, and to register the same. |
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| Citation | 19 Geo. 2. c. 39 |
| Territorial extent | Scotland |
Quick facts for kids Dates |
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| Commencement | 1 August 1746 |
| Other legislation | |
| Repeals/revokes | Disarming Act 1715 |
| Relates to | Heritable Jurisdictions (Scotland) Act 1746 |
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Status: Repealed
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| Text of the Act of Proscription 1746 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Act of Proscription (19 Geo. 2. c. 39) was a law passed by the Parliament of Great Britain. It became active in Scotland on August 1, 1746. This law was also known as the Act of Proscription 1746 or the Disarming the Highlands, etc. Act 1745.
It was part of a plan to bring the Scottish Highlands more under government control. The goal was to stop future rebellions and weaken the traditional clan system. This act was one of the "King's laws" put in place after the Jacobite rising of 1745. These laws were finally removed on July 1, 1782.
Contents
Why the Act of Proscription Was Created
From 1745 to 1746, a major rebellion called the Jacobite rising of 1745 took place. Government forces, led by the Duke of Cumberland, slowly put an end to this uprising. Most of the rebel army was made up of men from the Scottish Highlanders. Because of this, the government decided to weaken the Highland clan system. They wanted to prevent any more rebellions in the future.
Punishments for Breaking the Law
This act was mostly a stronger version of an earlier law called the Disarming Act. However, the punishments were much harsher and were strictly enforced this time.
- If you broke the law for the first time, you would face fines. If you couldn't pay, you would go to jail until the fine was paid. You might even be forced to join the army or navy.
- If you broke the law again, you could be "transported." This meant being sent away to one of the King's colonies overseas for seven years. It was like being forced to work there.
The act also included rules about clothing, known as the Dress Act 1746. This part of the law banned wearing "highland clothing".
- If you wore Highland clothing, you would be put in prison for six months without bail.
- If you were caught a second time, you would be sent away (transported).
- No lighter punishments were allowed for these offenses.
Where the Act Applied
The rules about giving up weapons applied to specific parts of the Scottish Highlands. These areas included counties like Dunbarton, Stirling, Perth, Kincardine, Aberdeen, Inverness, Nairn, Cromarty, Argyll, Forfar, Banff, Sutherland, Caithness, Elgin, and Ross.
However, the part of the law that banned Highland dress applied to all of Scotland.
What People Thought About the Act
Samuel Johnson, a famous writer, observed that the law to take away the Highlanders' weapons worked very well. He noted that "every house was despoiled of its defence." This meant that people's homes were left without any way to protect themselves. It also meant they couldn't hunt for food. Since their cattle had often been taken, many Highlanders faced starvation.
Other Parts of the Act
A new part of the law, called the Dress Act 1746, specifically made it illegal to wear "the Highland Dress." The act also protected those who helped stop the rebellion from being sued. To prevent children from learning "rebellious principles," the law required prayers for the King and Royal family in schools.
The punishments for breaking these rules were very strict. They included at least six months in jail and being sent to a penal colony for a second offense. This made them the most severe parts of the act.
What Happened Next
After the Act of Proscription, another important law was passed: the Heritable Jurisdictions (Scotland) Act 1746. This act took away the special powers that clan chieftains used to have. Many local powers, like those of sheriffs, were returned to the Crown (the King). Other local legal powers also came under the control of the main courts.
