Commission of Justiciary
A commission of justiciary was a method of law enforcement employed in Scotland, in particular in the 16th and 17th centuries.
In an era when the practical reach of central government was limited, the issuing authority 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 contains characteristic language, authorising a number of individuals:Notable examples of commissions of fire and sword include:
- Galbraith of Culcreuch against the Clan Gregor in 1593.
- Mackenzie of Kintail against Macleods in Lewis in 1596/7, which was intermittently renewed and led ultimately to Mackenzie’s annexation of Lewis.
- Earl of Argyll against royalists in Atholl and Angus in 1640.
- Mackintosh of Torcastle against Macdonald of Keppoch in 1681 and 1688, resulting in the Battle of Mulroy.
- Sir Hector Og Maclean, 15th Chief against the Sir James MacDonald, 9th of Dunnyveg resulting in the Battle of Benbigrie.
Political control