OVERTOUR FOR SETTLING YE HIGHLANDS (1664).
Seing all the principall theevs & recetters in the Highlands of Scotland does ather actuallie duell or constantly haunts & ar harboured in Glencoa, Ranoch, Brae lochaber, Glengarie & Lochaber & adjacent Glens, uher all depredations ar caried to ther disposed of & all Murtherers & persons guiltie of attrocious Cryms ar sheltered securly wt ther relations which plaices ar very remoatt from The head brughs of the shyres to which they belong.
1t Therfor yt a Garison consisting of tuo hundred men at least be plaiced at Jnnerlochay uher it shall be undertaiken by laying out 60 lib. ster: they may be conveniently lodged, & shall be easily provyded of all provisions at ye Cuntree vaitts.
2d The sojours would consist of highland men ayr to be levied or put in plaice of such as are most of their bussines being to goe out on pairties & to travell in the night for aprehending of theevs & recetters through deserts & Muntans & crossing rivers which ar utterly unknouen & rocks Inpracticable for such forces as ar now a foot.
3d That ye governor be a person of respect & Estait & Creditt so as his reputation will oblidge him to tack no base means to connive or transact wt any offenders But that his deutie to his Matie & his Cuntrie will oblidge him to mack it his uork to Crush the thift & oppression uhich if authorised he may doe in a short tym If he but will understand uher the Intric of it lyes.
4d Seing The reverence that is dew & reallie given to ye law is knouen to begett mor obedience then the force of such a number of men is able to doe Its overturd That the Governor be apoynted to be a Justice of Peace in the severall shyrs the forsds bounds belongs to, & lykwayes that the shyriffs of these shyrs viz. Pearth Argyll & Innernes be appoynted to give the Governor a Deputan from them uherby their power he may act legallie wt out Incroaching on yr priviledges but rayr comptible to ym for his respective decreets, so that he being armed wt these Legall pouesr togayr wt his Comission its not to be in the least doubted but will ever keep the Highlands from thifts & depridations, nor is ther any plaice in the Highlands that can so pirvaine any open rebellion uold be ther attempted lying equall be sea & land for all places & most of them in less then a nights merch or sailling to him.
5. That seing The Governours trouble & Chairges will be considerable for Intelligence & oyr Incident expenses, Its overturd that he have duble Capts pay The Companies to be only comanded by Livetennents under him. And Thus The King is at no more Chairge yn presently The Cuntree will not be oppresst ut projects and the Highlands made peacable.
6. The Lau & Acts of Parlt ar still to be in force in order to Cheefs & Landlords, & this person alloued to persew them be lau upon all occasions.
7. That the Governor be by his Comission appoynted to mack severall circuitts to keep Courts which will contribut much uhen they see law brought to ther dors wt a force able to put it in execution, I mean shyriff Courts) & if a greater latitude be alloued its best.
8. That The Governor be appoynted to gett lists of all the Theevs & broaken men in the Highlands which he may easily gett & That his Maties Advocatt sumone them all to find Cation which many will doe Especiallie If it be thought fitt to Indemnifie them for bypast transgressions (except Murder) such as will not compear to be denounced fugitivs & a Comission to the forsd Governor to aprehend or destroy ym which he may doe if they keep Scotland.
9. That the severall shyriffs be appoynted (togayr ut the Magistrats of Brughs) to receave his prisoners & grant him receatts for them.
10. That ye forsd Governor shall by himself & give up the nams of such as he knowes to be cited to give in evidences agt such prissoners to be tryed befor the Justices & ther deputts.
The above is copied from the original (in the handwriting of the first Marquess) in the charter chest of the Marquess of Tweeddale. From 1662 to 1674 John Hay, second Earl, afterwards first Marquess, of Tweeddale occupied a very prominent place in Scottish politics, when he was distinguished for the moderation of his views. This paper is undated, but was found with papers dated about 1668, and there is little doubt that it must have been written just before an Act of Privy Council (of which Tweeddale was President) dated 22nd Dec., 1664, dealing with disorders in the Highlands.
— The Scottish Historical Review, Vol. XII., No. 46, January 1915.