The Act of Proscription ( 19 Geo. 2. c. 39), also called the Act of Proscription 1746 or the Disarming the Highlands, etc. Act 1745, was an Act of the

Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union 1707, Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a ...

, which came into effect in

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

on 1 August 1746. It was part of a series of efforts to assimilate the

Scottish Highlands The Highlands (; , ) is a historical region of Scotland. Culturally, the Highlands and the Scottish Lowlands, Lowlands diverged from the Late Middle Ages into the modern period, when Scots language, Lowland Scots language replaced Scottish Gae ...

, ending their ability to revolt, and the first of the "King's laws" that sought to crush the clan system in the aftermath of the

Jacobite rising of 1745 The Jacobite rising of 1745 was an attempt by Charles Edward Stuart to regain the Monarchy of Great Britain, British throne for his father, James Francis Edward Stuart. It took place during the War of the Austrian Succession, when the bulk of t ...

. These laws were finally repealed on 1 July 1782.

Background

From 1745 to 1746, government forces led by the

Duke of Cumberland Duke of Cumberland is a peerage title that was conferred upon junior members of the British royal family, named after the historic county of Cumberland. History The Earldom of Cumberland, created in 1525, became extinct in 1643. The dukedom w ...

gradually suppressed the

. As the majority of the Jacobite Army consisted of men from the Scottish Highlanders, the Hanoverian regime made plans to suppress the Highland clan system to prevent future rebellions.

Penalties

It was mainly a restatement of the earlier Disarming Act, but with more severe punishments which this time were rigorously enforced. Punishments started with fines, with jail until payment and possible forced

conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...

for late payment. Repeat offenders were "liable to be

transported ''Transported'' is an Australian convict melodrama film directed by W. J. Lincoln. It is considered a lost film. Plot In England, Jessie Grey is about to marry Leonard Lincoln but the evil Harold Hawk tries to force her to marry him and she ...

to any of his Majesty's plantations beyond the seas, there to remain for the space of seven years", effectively

indentured servitude Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract called an " indenture", may be entered voluntarily for a prepaid lump sum, as payment for some good or s ...

. The penalties for wearing " highland clothing" as stated in the

Dress Act 1746 The Dress Act 1746, also known as the Disclothing Act, was part of the Act of Proscription (19 Geo. 2. c. 39) which came into force on 1 August 1746 and made wearing "the Highland Dress" — including the kilt — by men and boys illegal in Sco ...

were "imprisonment, without bail, during the space of six months, and no longer; and being convicted for a second offence before a

court of justiciary The High Court of Justiciary () is the Supreme Courts of Scotland, supreme Scottish criminal law, criminal court in Scotland. The High Court is both a court of first instance, trial court and a court of appeal. As a trial court, the High Cour ...

or at the circuits, shall be liable to be transported ..." No lesser penalties were allowed for.

Geographical coverage

The elements of the act relating to the proscription of arms applied to the

Highlands of Scotland The Highlands (; , ) is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland Scots language replaced Scottish Gaelic throughout most of the Lowlan ...

, i.e. the counties of Dunbarton, on the north side of the water of Leven,

Stirling Stirling (; ; ) is a City status in the United Kingdom, city in Central Belt, central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town#Scotland, market town, surrounded by rich farmland, grew up connecting the roya ...

on the north side of the river of Forth,

Perth Perth () is the list of Australian capital cities, capital city of Western Australia. It is the list of cities in Australia by population, fourth-most-populous city in Australia, with a population of over 2.3 million within Greater Perth . The ...

, Kincardine,

Aberdeen Aberdeen ( ; ; ) is a port city in North East Scotland, and is the List of towns and cities in Scotland by population, third most populous Cities of Scotland, Scottish city. Historically, Aberdeen was within the historic county of Aberdeensh ...

Inverness Inverness (; ; from the , meaning "Mouth of the River Ness") is a city in the Scottish Highlands, having been granted city status in 2000. It is the administrative centre for The Highland Council and is regarded as the capital of the Highland ...

Nairn Nairn (; ) is a town and former royal burgh in the Highland (council area), Highland Council council areas of Scotland, area of Scotland. It is an ancient fishing port and market town around east of Inverness, at the point where the River Nair ...

Cromarty Cromarty (; , ) is a town, civil parishes in Scotland, civil parish and former royal burgh in Ross and Cromarty, in the Highland (council area), Highland area of Scotland. Situated at the tip of the Black Isle on the southern shore of the mout ...

Argyll Argyll (; archaically Argyle; , ), sometimes called Argyllshire, is a Shires of Scotland, historic county and registration county of western Scotland. The county ceased to be used for local government purposes in 1975 and most of the area ...

Forfar Forfar (; , ) is the county town of Angus, Scotland, and the administrative centre for Angus Council, with a new multi-million-pound office complex located on the outskirts of the town. As of 2021, the town had a population of 16,280. The town ...

, Banff,

Sutherland Sutherland () is a Counties of Scotland, historic county, registration county and lieutenancy areas of Scotland, lieutenancy area in the Scottish Highlands, Highlands of Scotland. The name dates from the Scandinavian Scotland, Viking era when t ...

Caithness Caithness (; ; ) is a Shires of Scotland, historic county, registration county and Lieutenancy areas of Scotland, lieutenancy area of Scotland. There are two towns, being Wick, Caithness, Wick, which was the county town, and Thurso. The count ...

, Elgin and Ross. The Dress Act applied to the whole of Scotland.

Comment

Samuel Johnson Samuel Johnson ( – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, literary critic, sermonist, biographer, editor, and lexicographer. The ''Oxford ...

commented that "the last law by which the Highlanders are deprived of their arms, has operated with efficacy beyond expectations ... the arms were collected with such rigour, that every house was despoiled of its defence".

Sections of the act

A new section, which became known as the Dress Act, banned wearing of "the Highland Dress". Provision was also included to protect those involved in putting down the rebellion from lawsuits. Measures to prevent children from being "educated in disaffected or rebellious principles" included a requirement for school prayers for the King and royal family. The most severe penalties, at a minimum six months' incarceration and transportation to a penal colony for a second offence, made these the most severe portion of this act.

Following act

The Act of Proscription was followed by the

Heritable Jurisdictions (Scotland) Act 1746 The Heritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) or the Sheriffs Act 1747 was an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom passed in the aftermath of the Jacobite rising of 1745 abolishing ...

which removed the authority the clan chieftains had enjoyed. Scottish heritable sheriffdoms reverted to the Crown, and other heritable jurisdictions, including regalities, came under the power of the courts.

References

External links

Act of Proscription 1747
{{Jacobitism History of the Scottish Highlands Acts of the Parliament of Great Britain concerning Scotland Great Britain Acts of Parliament 1746 Repealed Great Britain Acts of Parliament Jacobite rising of 1745 1746 in Scotland Firearm laws Firearms in the United Kingdom de:Disarming Act