Act of Proscription, 1746

In 1746, the British government passed the Act of Proscription, also known as the Act of Proscription 1746, as a response to the Jacobite rising of 1745. This act was part of a series of efforts to assimilate the Scottish Highlands and prevent future rebellions by suppressing the Highland clan system.

The Jacobite rising of 1745, led by Charles Edward Stuart, also known as Bonnie Prince Charlie, aimed to restore the Stuart monarchy to the throne of Great Britain. The majority of the Jacobite army consisted of men from the Scottish Highlands, and after the rising was put down by government forces led by the Duke of Cumberland, the Hanoverian regime began making plans to suppress the Highland clan system to prevent future rebellions.

The Act of Proscription mainly restated the earlier Disarming Act, but with more severe punishments that were rigorously enforced. Punishments for those found in possession of weapons included fines, imprisonment until payment, and possible forced conscription for late payment. Repeat offenders were “liable to be transported to any of his Majesty’s plantations beyond the seas, there to remain for the space of seven years”, which was effectively indentured servitude.

In addition to the proscription of arms, the Act included a Dress Act that banned the wearing of “highland clothing.” The penalties for wearing such clothing 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…” There were no lesser penalties allowed for. The Dress Act applied to the whole of Scotland, not just the Highlands.

The Act of Proscription had a significant impact on the Scottish Highlands. 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.” Not only were they despoiled of their arms, but also of their ability to hunt, which, combined with the seizure of their cattle, meant starvation for many.

The Act also included measures to prevent children from being “educated in disaffected or rebellious principles,” such as a requirement for school prayers for the King and Royal family. These severe penalties, along with the loss of their traditional way of life, had a devastating effect on the Highland communities.

Following the Act of Proscription, the British government passed the Heritable Jurisdictions (Scotland) Act 1746, 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. This further eroded the traditional power structures of the Highlands and further diminished the ability of the Highland communities to resist assimilation.

The Act of Proscription and the subsequent laws that sought to suppress the Highland clan system were finally repealed on 1 July 1782. However, the damage had already been done, and the traditional way of life of the Scottish Highlands was forever changed.

In retrospect, the Act of Proscription of 1746 was a cruel and ruthless attempt to crush the Highland culture and suppress any potential rebellion. It stripped the Highland communities of their traditional way of life, weapons, and cultural identity. The severe penalties, including transportation and indentured servitude, had a devastating impact on the lives of many Highlanders. These laws were a dark chapter in Scottish history and serve as a reminder of the lengths to which governments will go to maintain power and control.