The Act of Proscription (19 Geo. 2, c. 39), also called the Act of Proscription 1746, was an Act of the Parliament of Great Britain, which came into effect in

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

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

Scottish Highlands The Highlands ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels') is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland S ...

, 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, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the British throne for his father, James Francis Edward Stuart. It took ...

. These laws were finally repealed on 1 July 1782.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 ...

gradually suppressed the

. As the majority of the Jacobite Army consisted of men from the

Scottish Highlanders The Highlands ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels') is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland Sc ...

, 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 The Disarming Act (1 George 1 session 2 C.26) was an 18th-century Act of Parliament of Great Britain that was enacted to curtail Jacobitism among the Scottish clans in the Scottish Highlands after the Jacobite rising of 1715. The new law, which ca ...

, but with more severe punishments which this time were rigorously enforced. Punishments started with fines, with jail until payment and possible forced conscription 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 w ...

to any of his Majesty's plantations beyond the seas, there to remain for the space of seven years", effectively indentured servitude. The penalties for wearing " highland clothing" as stated in the

Dress Act 1746 The Dress Act 1746 was part of the Act of Proscription which came into force on 1 August 1746 and made wearing "the Highland Dress" — including the kilt — illegal in Scotland as well as reiterating the Disarming Act. The Jacobite Risings bet ...

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 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 ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels') is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland Sco ...

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

Stirling Stirling (; sco, Stirlin; gd, Sruighlea ) is a city in central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town, surrounded by rich farmland, grew up connecting the royal citadel, the medieval old town with its me ...

on the north side of the river of

Forth Forth or FORTH may refer to: Arts and entertainment * ''forth'' magazine, an Internet magazine * ''Forth'' (album), by The Verve, 2008 * ''Forth'', a 2011 album by Proto-Kaw * Radio Forth, a group of independent local radio stations in Scotla ...

Perth Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth i ...

, Kincardine,

Aberdeen Aberdeen (; sco, Aiberdeen ; gd, Obar Dheathain ; la, Aberdonia) is a city in North East Scotland, and is the third most populous city in the country. Aberdeen is one of Scotland's 32 local government council areas (as Aberdeen City), and ...

, Inverness,

Nairn Nairn (; gd, Inbhir Narann) is a town and royal burgh in the Highland council area of Scotland. It is an ancient fishing port and market town around east of Inverness, at the point where the River Nairn enters the Moray Firth. It is the tradi ...

Cromarty Cromarty (; gd, Cromba, ) is a town, civil parish and former royal burgh in Ross and Cromarty, in the Highland area of Scotland. Situated at the tip of the Black Isle on the southern shore of the mouth of Cromarty Firth, it is seaward from ...

Argyll Argyll (; archaically Argyle, in modern Gaelic, ), sometimes called Argyllshire, is a historic county and registration county of western Scotland. Argyll is of ancient origin, and corresponds to most of the part of the ancient kingdom of ...

Forfar Forfar ( sco, Farfar, gd, Baile Fharfair) 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 has a pop ...

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

Comment

Dr. Samuel Johnson 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". They were also, of course, despoiled of the ability to hunt which, their cattle having been seized, meant starvation for many.

Sections of the Act

A new section, which became known as the

Dress Act The Dress Act 1746 was part of the Act of Proscription which came into force on 1 August 1746 and made wearing "the Highland Dress" — including the kilt — illegal in Scotland as well as reiterating the Disarming Act. The Jacobite Risings betw ...

, 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. II c. 43) was an Act of Parliament passed in the aftermath of the Jacobite rising of 1745 abolishing judicial rights held by Scots heritors. These were a significant source of power, espec ...

which removed the feudal 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
{{UK legislation 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 Gun politics in the United Kingdom de:Disarming Act