{{not to be confused, Justiciar A commission of justiciary was a method of law enforcement employed 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 ...

, in particular in the 16th and 17th centuries. In an era when the practical reach of central government was limited, the issuing authority (generally the king) would issue a commission to a single individual or a number of individuals authorising and requiring him or them to take steps to deal with the particular problem with which the authority was concerned. The problem might consist in a particular crime, a particular criminal or criminals, or wider local disorder.

Commission of fire and sword

The powers granted under such commissions were extensive and draconian and often included the power to administer summary justice, with no subsequent obligation to account for the steps taken. The archetype was the "commission of fire and sword" which features prominently in clan history in the Highlands. A commission granted in 1649 by the estates of parliament in favour of the

Earl of Sutherland Earl of Sutherland is a title in the Peerage of Scotland. It was created circa 1230 for William de Moravia and is the premier earldom in the Peerage of Scotland. The earl or countess of Sutherland is also the chief of Clan Sutherland. The origin ...

contains characteristic language, authorising a number of individuals: :"to search, seek, take and apprehend the aforesaid persons, rebels and fugitives above-named, wherever they can be apprehended; and if they can be captured, to put them to the knowledge of any assize for the crimes aforesaid and to administer justice upon them and execute them to the death; and, if need be, to raise fire and sword and to burn their houses and slay them in case they make opposition or resistance in the taking and apprehending." Notable examples of commissions of fire and sword include: * Galbraith of Culcreuch against the

Clan Gregor Clan Gregor, also known as Clan MacGregor, () is a Scottish Highlands, Highland Scottish clan that claims an origin in the early 9th century. The clan's most famous member is Rob Roy MacGregor of the late 17th and early 18th centuries. The Clan ...

in 1593. * Mackenzie of Kintail against Macleods in

Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead ...

in 1596/7, which was intermittently renewed and led ultimately to Mackenzie’s annexation of Lewis. *

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against royalists in

Atholl Atholl or Athole ( gd, Athall; Old Gaelic ''Athfhotla'') is a large historical division in the Scottish Highlands, bordering (in anti-clockwise order, from Northeast) Marr, Badenoch, Lochaber, Breadalbane, Strathearn, Perth, and Gowrie. H ...

and

Angus Angus may refer to: Media * ''Angus'' (film), a 1995 film * ''Angus Og'' (comics), in the ''Daily Record'' Places Australia * Angus, New South Wales Canada * Angus, Ontario, a community in Essa, Ontario * East Angus, Quebec Scotland * An ...

in 1640. *

Mackintosh The Mackintosh or raincoat (abbreviated as mac) is a form of waterproof raincoat, first sold in 1824, made of rubberised fabric. The Mackintosh is named after its Scottish inventor Charles Macintosh, although many writers added a letter ''k' ...

of Torcastle against Macdonald of Keppoch in 1681 and 1688, resulting in the

Battle of Mulroy The Battle of Mulroy (''Blàr a' Mhaoil Ruaidh'' in Scottish Gaelic) was a Scottish clan battle fought in August 1688 in the Lochaber district of Scotland. It was fought between the Clan Mackintosh who were supported by government troops under ...

. *

Sir Hector Og Maclean, 15th Chief Sir Hector Og Maclean (1583–1623), or Eachann Óg Maclean in Scottish Gaelic, was the 15th Clan Chief of Clan Maclean in Scotland. Early years He was born in 1583, the son of Sir Lachlan Mor Maclean the 14th Clan Chief. His father, Sir La ...

against the Sir James MacDonald, 9th of Dunnyveg resulting in the Battle of Benbigrie.

Political control

A system of this kind was clearly open to abuse and was not infrequently employed by the great magnates to carry on personal feuds or campaigns of self-aggrandisement. In the late 16th century there was something of a power struggle between the privy council and the gentlemen of the king’s chamber for control over the process, resulting in orders by the council in 1587, 1594 and 1598, which cancelled all existing commissions, and in 1608, which cancelled commissions that permitted the bearing of fire-arms. A statute in 1592 also sought to put an end to general commissions (as opposed to particular commissions targeted against specific individuals), and the establishment of a register of signet commissions in 1608 is further evidence of the council’s (ultimately successful) campaign to regularise their issue.

Witch-hunting

One form of commission of justiciary that survived until well into the 17th century was that employed for the purpose of witch-hunting.Julian Goodare, ''The Scottish Witch-hunt in context'' (Manchester University Press, 2002)

References

History of the Scottish Highlands Scottish criminal law Law enforcement in Scotland 16th century in Scotland 17th century in Scotland Courts of Scotland