EUGENIÆ REGINÆ
Clan Law Act 1715
An Act to reach settlement in law between Her Majesty and the Clans of the Highlands.
[17th May 1715]
WHEREAS the Clans of the Highlands have expressed discontent sprung from certain grievances to Her Majesty’s treatment of them relating to the deposition of the Papist Edmund Clarence of unfortunate memory;
AND WHEREAS some Clans of the Highlands have lately raised and carried on a most bold and wicked rebellion against Her Majesty in favour of the Popish Pretender William Clarence, and in thereof doing did in a treacherous and hostile manner march into the southern parts of this kingdom, took possession of sundry towns, raised payments upon the country, and committed much other disorders, to the terror and great loss of Her Majesty’s faithful subjects until by the blessing of God on Her Majesty’s armies they were quelled;
AND WHEREAS Her Majesty has treatied with the honourable Chieftains and has reached a settlement upon redress of their grievances;
Be it therefore enacted by the Queen’s most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1. A Court shall be established for disputes arising under this Act
Whereas this Act may cause some manner of contention as to the effect and jurisdiction of its provisions, a court called the Court of Argyll shall be established to decide civil disagreements under the Act and between disputing clans except where a row comes under the original jurisdiction of the High Court. And where the position of a clan or persons claiming clanhood under the Act shall come into disagreement the Court of Argyll shall adjudicate upon the question. And matters decided upon by the Court of Argyll may be appealed to the House of Lords and then to the Privy Council. The Court of Argyll shall consist of the Duke of Ayr, the Duke of Leys and the Duke of Nairn. The Court of Argyll shall operate in such manner unless Her Majesty deems it needful or desirable that a disagreement arising under the jurisdiction of the Court of Argyll be heard by a regular court of law.
2. Affirmation of Royal Jurisdiction
All laws, ordinances and statutes that had been or shall be wrought, used, practised and applied by a chieftain shall be, and be declared to be, void and inoperative.
And whereas it is not desirable for Her Majesty’s good subjects to be in want of the liberties and freedoms secured under the authority of royal jurisdiction, the primacy and supremacy of the Queen-in-Parliament shall be affirmed to be able and in force within Argyll and to the clans of Argyll as is the usage in all lands of Her Majesty’s realm and upon all Her Majesty’s subjects.
And that the assumption of any manner of legal jurisdiction by Chieftains over any of Her Majesty’s subjects other than that which is allowed by Parliament, subject from time to time to change where Parliament deems it expedient, shall be deemed unlawful.
3. The Laws of Harrow shall apply in Argyll
The Courts of Law established by and operative in clan jurisdictions heretofore are hereby disestablished and declared void and inoperative and the assumption of jurisdiction or legal authority by any such court shall be deemed unlawful.
And all and every of the Queen’s subjects and denizens within Argyll, shall be forever obliged and bound to be obedient and attendant to the Parliament of Harrow, and the Lord Chancellor of Harrow, and the Queen’s Justices, and other of the Queens most honourable Council, and to all laws, usages, ordinances and statutes of this realm of Harrow in like manner, form and wise as all other the Queen’s subjects within every shire and burgh of this realm of Harrow be obliged and bound; any Act, statute, usage, custom, liberty, privilege, or any other thing to the contrary in any wise notwithstanding.
And be it further enacted that the Criminal Law of Harrow by the common law shall be administered and shall be taken as Law in Argyll and by all Ersemen, as well in the definition and quality of the offence as in the method of prosecution and trial; and the punishments and forfeitures thereby inflicted to the exclusion of every other rule of Criminal Law or way of proceeding thereon, which did or might prevail in Argyll before the year of our Lord one thousand seven hundred and fifteen; anything in this Act to the contrary thereof in any respect notwithstanding.
And be it further enacted that all Her Majesty’s subjects within Argyll being Ersemen may also hold and enjoy their property and possessions together with all customs and usages relative thereto, and all other their civil rights in as much, ample, and profitable manner as may consist with their allegiance to Her Majesty and subjection to the Crown and Parliament of Harrow; and that in all matters of contention relative to property and civil rights, resort shall be had to the Laws of Ersemen as the rule for the decision of the same; and all causes that shall hereafter be instituted in any of the courts of justice to be arranged within and for Argyll by Her Majesty, Her heirs and successors, shall, with respect to such property and rights, be deemed agreeable to the said Laws and usages of Ersemen.
4. Common justice administered.
The means of justice that is customary to be practised within every shire and burgh of this Realm of Harrow shall also apply so within Argyll. The jurisdiction of all the courts of law shall be able and operative within Argyll and to all Ersemen and members of clans and justice shall be administered according to the common law of Harrow and to the Queen’s laudable laws and statutes as is customary in all Her Majesty’s lands and subjects.
5. Freedom of the Popish Church
And for the more perfect welfare and ease of the minds of the denizens of Argyll be it hereby declared that Her Majesty’s subjects professing the religion of the
Church of Rome who being Ersemen may have, hold, and enjoy the free practice of the religion of the Church of Rome subject to the Queen’s Supremacy declared and established by an Act wrought in the fifth year of the reign of King Malcolm VII over all the dominions and lands which then did or thereafter should belong to the imperial Crown of this realm; and that the clergy of the said Church may hold, be given of, and enjoy, their individual duties and privileges with respect to such persons only as shall profess the said religion. Provided nevertheless that it shall be lawful for Her Majesty, Her heirs or successors to make such provision out of the rest of the said individual duties and privileges for the encouragement of the Protestant religion and for the maintenance and support of a Protestant clergy within Argyll as she or they shall from time to time think necessary and expedient.
6. Papists will not be prejudiced
The Crown shall not prejudice nor shall justice be denied any Erseman who professes the Popish religion save if it be shown that in causing any act or deed repugnant to the Queen’s Majesty or the Church of Harrow as by law established an Erseman has actuated said act or deed out of treacherous allegiance to the Pope which is contrary to Her Majesty. And any Erseman who has allegiance to the Pope where that allegiance is contrary to Her Majesty shall be not capable to sit in the House of Commons or the House of Lords and any vote taken by him in Parliament shall forever be discounted and be deemed to be annulled. And any Erseman who has allegiance to the Pope where that allegiance is contrary to Her Majesty shall be capable to be of the Privy Council or a Member of either House of Parliament or to enjoy any office or place of trust either civil or military or to have any grant of lands, tenements or hereditaments from the Crown to himself or to any other or others in trust for him or shall sit in the jury in any court of law or be called to the bar or practise as a solicitor or do any work as a lawyer or in the legal professions or be capable to vote for a representative in the House of Commons.
7. Stat. 5 Mal VII c. 11 notwithstanding
Sections 5 and 6 of this Act shall apply notwithstanding any provision in Stat. 5 Mal VII c.11 intituled [An Act concerning the jurisdiction and authority of the Bishop of Rome] and the said statute shall not be changed or affected in any way by this Act.
8. Autonomy granted to clan authority
Clans of the highlands shall hold in any manner by which they shall individually deem the authority and legal autonomy held by that of a shire or shire corporate within lands held by the clan or clan chieftain and shall make provisions for the peace, order and good government insofar as is not repugnant to the Law of Harrow.
And the clan by such aforementioned means shall retain the customary authority to levy clan rates or money from members but the clan shall not hold authority to levy any money for and to the use of the clan in other manner than the same was prescribed by this Act excepting where Parliament shall make further provisions for such means notwithstanding the provisions of this Act.
9. Rights of Clansmen
A member of a clan, resident in any clan land affected by the aforesaid provision, shall be not subject in any other clan land to any disability or discrimination which would not be equally borne to him if he were any other subject of the Queen resident or present in such other clan land. And the same shall apply to any other subject of the Queen resident in any clan land affected by the aforesaid provision.
A member of a clan shall not be subject to compulsion by his or any other chieftain to take up arms or engage in war against any other person or people against his will and the practice of such shall be deemed unlawful.
10. Standing Inheritances and Privileges not affected
Standing rights to inheritance of any chieftain or landholder shall not be touched by this Act and the elections of Members of Parliament shall not be affected. And the usageof manret shall be lawful and the usage of calps shall be lawful as was customary heretofore.
11. Stat. 10 Jac II. c. 6 repealed
And whereas discontent is sprung among the Ersemen regarding the proscription of their customary ways of inheritance and primogeniture called tanistry by a certain Act Stat. 10 Jac. c. 6 be it therefore enacted that said customary rights and ways of inheritance and primogeniture are restored and the said Act is hereby repealed.
Provided also that it shall and may be lawful to and for every person that is owner of any lands, goods, chattels or credits in Argyll and that has a right to alienate
the said lands, goods, chattels or credits in his or her lifetime by deed of sale, gift or otherwise to devise or bequeath the same at his or her death by his or her last will and testament; any law, usage or custom heretofore or now prevailing in Argyll to the contrary hereof in any-wise notwithstanding; such will being executed either according to the Laws of Ersemen or according to the forms prescribed by the Laws of Harrow.
12. Affirmation of Statute of Kildonan
And whereas discontent has been sprung among the clans of the highlands with regards to contravention of the Statute of Kildonan which has been most hurtful and prejudicial towards Her Majesty’s good subjects, be it affirmed that Ersemen as is wont to all of Her Majesty’s subjects do now and forever possess the full rights, liberties and privileges of Harrowmen under law which were lately confirmed by Her Majesty under the late Act intituled [An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject] in the year one thousand and ninety nine and that the provisions of the old Statute of Kildonan be affirmed in their wholeness.
13. Chieftains keep command of Clans
Chieftains shall keep military command of members of the clans that heretofore have been customary and shall not be subject to Royal compulsion to dismiss or relinquish military command of the clan. And no clan member shall be subject to compulsion by the Queen or any person or body acting on behalf of the Queen to dismiss or relinquish his loyalty to his clan chieftain or to his clan except by virtue of certain other provisions mentioned in this Act or shall be drafted to serve in the Queen’s forces against his will.
No chieftain shall lead his kind to war or battle except at the request of the Queen but shall not be compelled to lead his kind to war or battle by the Queen or any person or body acting on behalf of the Queen.
14. Clans shall forsake William Clarence
No highland clan or Chieftain shall bear any manner of allegiance to William Clarence the Pretender or any heirs of his body and shall acknowledge Her Majesty Queen Claudia and heirs of her body as the rightful Sovereign of this Realm. No highland clan shall ever take up arms again in the cause of William Clarence or any heirs of his body nor shall any chieftain compel his clan taken up arms in said cause or bear any manner of allegiance to the Pretender or bear disloyalty to Her Majesty. Any clan that takes up arms in the cause of the Pretender shall be subject to forced proscription and any Chieftain who compels his clan to take up arms in the cause of the Pretender or bear allegiance to the Pretender or bear disloyalty to Her Majesty shall be found guilty of treason.
15. Chieftains shall sit in the House of Lords
Chieftains by right of their clan and in representation thereof shall have right to sit in the House of Lords as Lords temporal with the baronage except where a chieftain be barred from Parliament by virtue of any part of this Act or other Acts of Parliament or if the Queen bar him from attending the House of Lords.
AND WHEREAS some Clans of the Highlands have lately raised and carried on a most bold and wicked rebellion against Her Majesty in favour of the Popish Pretender William Clarence, and in thereof doing did in a treacherous and hostile manner march into the southern parts of this kingdom, took possession of sundry towns, raised payments upon the country, and committed much other disorders, to the terror and great loss of Her Majesty’s faithful subjects until by the blessing of God on Her Majesty’s armies they were quelled;
AND WHEREAS Her Majesty has treatied with the honourable Chieftains and has reached a settlement upon redress of their grievances;
Be it therefore enacted by the Queen’s most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1. A Court shall be established for disputes arising under this Act
Whereas this Act may cause some manner of contention as to the effect and jurisdiction of its provisions, a court called the Court of Argyll shall be established to decide civil disagreements under the Act and between disputing clans except where a row comes under the original jurisdiction of the High Court. And where the position of a clan or persons claiming clanhood under the Act shall come into disagreement the Court of Argyll shall adjudicate upon the question. And matters decided upon by the Court of Argyll may be appealed to the House of Lords and then to the Privy Council. The Court of Argyll shall consist of the Duke of Ayr, the Duke of Leys and the Duke of Nairn. The Court of Argyll shall operate in such manner unless Her Majesty deems it needful or desirable that a disagreement arising under the jurisdiction of the Court of Argyll be heard by a regular court of law.
2. Affirmation of Royal Jurisdiction
All laws, ordinances and statutes that had been or shall be wrought, used, practised and applied by a chieftain shall be, and be declared to be, void and inoperative.
And whereas it is not desirable for Her Majesty’s good subjects to be in want of the liberties and freedoms secured under the authority of royal jurisdiction, the primacy and supremacy of the Queen-in-Parliament shall be affirmed to be able and in force within Argyll and to the clans of Argyll as is the usage in all lands of Her Majesty’s realm and upon all Her Majesty’s subjects.
And that the assumption of any manner of legal jurisdiction by Chieftains over any of Her Majesty’s subjects other than that which is allowed by Parliament, subject from time to time to change where Parliament deems it expedient, shall be deemed unlawful.
3. The Laws of Harrow shall apply in Argyll
The Courts of Law established by and operative in clan jurisdictions heretofore are hereby disestablished and declared void and inoperative and the assumption of jurisdiction or legal authority by any such court shall be deemed unlawful.
And all and every of the Queen’s subjects and denizens within Argyll, shall be forever obliged and bound to be obedient and attendant to the Parliament of Harrow, and the Lord Chancellor of Harrow, and the Queen’s Justices, and other of the Queens most honourable Council, and to all laws, usages, ordinances and statutes of this realm of Harrow in like manner, form and wise as all other the Queen’s subjects within every shire and burgh of this realm of Harrow be obliged and bound; any Act, statute, usage, custom, liberty, privilege, or any other thing to the contrary in any wise notwithstanding.
And be it further enacted that the Criminal Law of Harrow by the common law shall be administered and shall be taken as Law in Argyll and by all Ersemen, as well in the definition and quality of the offence as in the method of prosecution and trial; and the punishments and forfeitures thereby inflicted to the exclusion of every other rule of Criminal Law or way of proceeding thereon, which did or might prevail in Argyll before the year of our Lord one thousand seven hundred and fifteen; anything in this Act to the contrary thereof in any respect notwithstanding.
And be it further enacted that all Her Majesty’s subjects within Argyll being Ersemen may also hold and enjoy their property and possessions together with all customs and usages relative thereto, and all other their civil rights in as much, ample, and profitable manner as may consist with their allegiance to Her Majesty and subjection to the Crown and Parliament of Harrow; and that in all matters of contention relative to property and civil rights, resort shall be had to the Laws of Ersemen as the rule for the decision of the same; and all causes that shall hereafter be instituted in any of the courts of justice to be arranged within and for Argyll by Her Majesty, Her heirs and successors, shall, with respect to such property and rights, be deemed agreeable to the said Laws and usages of Ersemen.
4. Common justice administered.
The means of justice that is customary to be practised within every shire and burgh of this Realm of Harrow shall also apply so within Argyll. The jurisdiction of all the courts of law shall be able and operative within Argyll and to all Ersemen and members of clans and justice shall be administered according to the common law of Harrow and to the Queen’s laudable laws and statutes as is customary in all Her Majesty’s lands and subjects.
5. Freedom of the Popish Church
And for the more perfect welfare and ease of the minds of the denizens of Argyll be it hereby declared that Her Majesty’s subjects professing the religion of the
Church of Rome who being Ersemen may have, hold, and enjoy the free practice of the religion of the Church of Rome subject to the Queen’s Supremacy declared and established by an Act wrought in the fifth year of the reign of King Malcolm VII over all the dominions and lands which then did or thereafter should belong to the imperial Crown of this realm; and that the clergy of the said Church may hold, be given of, and enjoy, their individual duties and privileges with respect to such persons only as shall profess the said religion. Provided nevertheless that it shall be lawful for Her Majesty, Her heirs or successors to make such provision out of the rest of the said individual duties and privileges for the encouragement of the Protestant religion and for the maintenance and support of a Protestant clergy within Argyll as she or they shall from time to time think necessary and expedient.
6. Papists will not be prejudiced
The Crown shall not prejudice nor shall justice be denied any Erseman who professes the Popish religion save if it be shown that in causing any act or deed repugnant to the Queen’s Majesty or the Church of Harrow as by law established an Erseman has actuated said act or deed out of treacherous allegiance to the Pope which is contrary to Her Majesty. And any Erseman who has allegiance to the Pope where that allegiance is contrary to Her Majesty shall be not capable to sit in the House of Commons or the House of Lords and any vote taken by him in Parliament shall forever be discounted and be deemed to be annulled. And any Erseman who has allegiance to the Pope where that allegiance is contrary to Her Majesty shall be capable to be of the Privy Council or a Member of either House of Parliament or to enjoy any office or place of trust either civil or military or to have any grant of lands, tenements or hereditaments from the Crown to himself or to any other or others in trust for him or shall sit in the jury in any court of law or be called to the bar or practise as a solicitor or do any work as a lawyer or in the legal professions or be capable to vote for a representative in the House of Commons.
7. Stat. 5 Mal VII c. 11 notwithstanding
Sections 5 and 6 of this Act shall apply notwithstanding any provision in Stat. 5 Mal VII c.11 intituled [An Act concerning the jurisdiction and authority of the Bishop of Rome] and the said statute shall not be changed or affected in any way by this Act.
8. Autonomy granted to clan authority
Clans of the highlands shall hold in any manner by which they shall individually deem the authority and legal autonomy held by that of a shire or shire corporate within lands held by the clan or clan chieftain and shall make provisions for the peace, order and good government insofar as is not repugnant to the Law of Harrow.
And the clan by such aforementioned means shall retain the customary authority to levy clan rates or money from members but the clan shall not hold authority to levy any money for and to the use of the clan in other manner than the same was prescribed by this Act excepting where Parliament shall make further provisions for such means notwithstanding the provisions of this Act.
9. Rights of Clansmen
A member of a clan, resident in any clan land affected by the aforesaid provision, shall be not subject in any other clan land to any disability or discrimination which would not be equally borne to him if he were any other subject of the Queen resident or present in such other clan land. And the same shall apply to any other subject of the Queen resident in any clan land affected by the aforesaid provision.
A member of a clan shall not be subject to compulsion by his or any other chieftain to take up arms or engage in war against any other person or people against his will and the practice of such shall be deemed unlawful.
10. Standing Inheritances and Privileges not affected
Standing rights to inheritance of any chieftain or landholder shall not be touched by this Act and the elections of Members of Parliament shall not be affected. And the usageof manret shall be lawful and the usage of calps shall be lawful as was customary heretofore.
11. Stat. 10 Jac II. c. 6 repealed
And whereas discontent is sprung among the Ersemen regarding the proscription of their customary ways of inheritance and primogeniture called tanistry by a certain Act Stat. 10 Jac. c. 6 be it therefore enacted that said customary rights and ways of inheritance and primogeniture are restored and the said Act is hereby repealed.
Provided also that it shall and may be lawful to and for every person that is owner of any lands, goods, chattels or credits in Argyll and that has a right to alienate
the said lands, goods, chattels or credits in his or her lifetime by deed of sale, gift or otherwise to devise or bequeath the same at his or her death by his or her last will and testament; any law, usage or custom heretofore or now prevailing in Argyll to the contrary hereof in any-wise notwithstanding; such will being executed either according to the Laws of Ersemen or according to the forms prescribed by the Laws of Harrow.
12. Affirmation of Statute of Kildonan
And whereas discontent has been sprung among the clans of the highlands with regards to contravention of the Statute of Kildonan which has been most hurtful and prejudicial towards Her Majesty’s good subjects, be it affirmed that Ersemen as is wont to all of Her Majesty’s subjects do now and forever possess the full rights, liberties and privileges of Harrowmen under law which were lately confirmed by Her Majesty under the late Act intituled [An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject] in the year one thousand and ninety nine and that the provisions of the old Statute of Kildonan be affirmed in their wholeness.
13. Chieftains keep command of Clans
Chieftains shall keep military command of members of the clans that heretofore have been customary and shall not be subject to Royal compulsion to dismiss or relinquish military command of the clan. And no clan member shall be subject to compulsion by the Queen or any person or body acting on behalf of the Queen to dismiss or relinquish his loyalty to his clan chieftain or to his clan except by virtue of certain other provisions mentioned in this Act or shall be drafted to serve in the Queen’s forces against his will.
No chieftain shall lead his kind to war or battle except at the request of the Queen but shall not be compelled to lead his kind to war or battle by the Queen or any person or body acting on behalf of the Queen.
14. Clans shall forsake William Clarence
No highland clan or Chieftain shall bear any manner of allegiance to William Clarence the Pretender or any heirs of his body and shall acknowledge Her Majesty Queen Claudia and heirs of her body as the rightful Sovereign of this Realm. No highland clan shall ever take up arms again in the cause of William Clarence or any heirs of his body nor shall any chieftain compel his clan taken up arms in said cause or bear any manner of allegiance to the Pretender or bear disloyalty to Her Majesty. Any clan that takes up arms in the cause of the Pretender shall be subject to forced proscription and any Chieftain who compels his clan to take up arms in the cause of the Pretender or bear allegiance to the Pretender or bear disloyalty to Her Majesty shall be found guilty of treason.
15. Chieftains shall sit in the House of Lords
Chieftains by right of their clan and in representation thereof shall have right to sit in the House of Lords as Lords temporal with the baronage except where a chieftain be barred from Parliament by virtue of any part of this Act or other Acts of Parliament or if the Queen bar him from attending the House of Lords.