But that the wearing and use of such parts thereof as are called the plaid, philibeg, or little kilt, is absolutely prohibited and abolished from and after the 25th day of this instant December, and as to these particulars the law takes place from that day.
His grace the Duke of Newcastle has therefore signified to me his majesty’s commands, that the same be punctually observed throughout the Highlands, and that I should give orders to all the troops quartered in those parts to be particularly attentive to this service, and to take all due care that the act be punctually executed and observed, and the offenders brought to punishment according to law.
In obedience to these his majesty’s commands, you are to seize all such persons as shall be found offending herein, by wearing the plaid, philibeg, or little kilt, and carry them before a civil magistrate, in the same dress, that he may be convinced with his own eyes of their having offended, in order to their being punished for the same according to law; in the performance of which, let no insult or abuse be offered to the person or persons of those who shall be so taken up and carried before the civil power, who are solely authorised to inflict the punishment as the act directs; but in case the magistrate before whom such offenders are carried shall refuse or neglect putting the law in execution, in that case let me know immediately the name of such magistrate, with the reason of his not doing it, that I may acquaint the Duke of Newcastle with it, who will no doubt send immediately orders to the lord advocate of this country to prosecute him to the utmost for his contempt of the said act, by not putting it in execution.
That the people in the Highlands might have no excuse by pleading ignorance, the lord chief justice clerk wrote to the sheriffs depute of the Highland counties, ordering them to give notice at every parish church, that they must quit the plaid, philibeg, or little kilt on Christmas-day, as the act directs, otherwise they would be carried before the civil magistrate and punished for it accordingly.
I must likewise desire you will let me know from time to time what obedience the people pay to this act, for they must and shall obey it, with the names of those magistrates who are industrious in putting the laws in execution, that I may take an opportunity of thanking them for performing their duty, and acquainting the Duke of Newcastle with it.
You may acquaint the magistrates and justices of the peace in your neighbourhood with the contents of this letter, since it may be the means of inciting them the more readily to perform their duty.
P.S.—Let a copy of this letter be sent to the officers commanding the general detachments of your regiment respectively.[71]
All manner of ingenious evasions were thought of and practised to defeat the law. “The tight breeches,” observes General Stewart, “were particularly obnoxious. Some who were fearful of offending, or wished to render obedience to the law, which had not specified on what part of the body the breeches were to be worn, satisfied themselves with having in their possession this article of legal and loyal dress, which, either as the signal of their submission, or more probably to suit their own convenience when on journeys, they often suspended over their shoulders upon their sticks; others, who were either more wary or less submissive, sewed up the centre of the kilt with a few stitches between the thighs, which gave it something of the form of the trowsers worn by Dutch skippers. At first these evasions of the Act were visited with considerable severity.”[72] It was most probably for conniving at some such breach of the law that a young grenadier of the 20th Foot narrowly escaped a tremendous punishment.
The court-martial has judged the crime of Rigby, the grenadier, to be of so pernicious a nature that they have sentenced him to receive six hundred lashes. His youth and former good behaviour are the only considerations that could induce the lieutenant-colonel to pardon him: but if hereafter any sergeant or corporal is known to receive a bribe from a Highlander, or from any person whatever, found or known to transgress the laws, and does not seize the person or report such transgression, he, the non-commissioned officer guilty of so heinous a crime, will be instantly broke and severely punished: and if any private soldier ever takes money, or a reward of any kind, that may lead him to betray his trust, such soldier will be whipped without mercy.[73]
The harsh and bitter administration of the law continued for many years—for a long enough period, indeed, to stamp out the use of the dress, at least among the lower orders. In the south the wear of tartan does not seem to have been interfered with. For instance, we read:—