Attainder of Earl of Kellie and Others Act 1745

Last updated

Attainder of Earl of Kellie and Others Act 1745
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act to attaint Alexander Earl of Kellie, William Viscount of Strathallan, Alexander Lord Pits ligo, David Wemyss Esquire commonly called Lord Elcho Eldest Son and Heir Apparent of James Earl of Wemyss, James Drummond Esquire Eldest Son and Heir Apparent of William Viscount of Strathallan, Simon Fraser Esquire Eldest Son and Heir Apparent of Simon Lord Lovat, George Murray Esquire commonly called Lord George Murray Brother to James Duke of Athol, Lewis Gordon Esquire commonly called Lord Lewis Gordon Brother to Cosmo George Duke of Gordon, James Drummond taking upon himself the Title of Duke of Perth, James Graham late of Duntroon taking on himself the Title of Viscount of Dundee, John Nairn taking upon himself the Title or Style of Lord Nairn, David Ogilvie taking upon himself the Title of Lord Ogilvie, John Drummond, taking upon himself the Style or Title of Lord John Drummond Brother to James Drummond taking on himself the Title of Duke of Perth, Robert Mercer Esquire otherwise Nairn of Aldie, Sir William Gordon of Park, John Murray of Broughton Esquire, John Gordon the Elder of Glenbuckett, Donald Cameron the Younger of Lochiel, Doctor Archibald Cameron Brother to Donald Cameron the Younger of Lochiel, Ludovick Cameron of Tor Castle, Alexander Cameron of Dungallon, Donald Mac Donald of Clanronald Junior Son to Rhonald Mac Donald of Clanronald, Donald Mac Donald of Lochgarie, Alexander Mac Donald of Keppoch, Archibald Mac Donald Son of Col. Mac Donald of Barisdale, Alexander Mac Donald of Glencoe, Evan Mac Pherson of Clunie, Lauchlan Mac Lauchlan of Castle Lauchlan, John Mac Kinnon of Mac Kinnon, Charles Stewart of Ardsheil, George Lockhart Eldest Son and Heir Apparent of George Lockhart of Carnwath, Lawrence Oliphant the Elder of Gask, Lawrence Oliphant the Younger of Gask, James Graham the Younger of Airth, John Stewart commonly called John Roy Stewart, Francis Farquharson of Monalterye, Alexander Mac Gilivrae of Drumaglash, Lauchlan Mac Intosh Merchant at Inverness, Malcolm Ross Son of Alexander Ross of Pitcalny, Alexander Mac Leod Son to Master John Mac Leod Advocate, John Hay Portioner of Restalrig Writer to the Signet, Andrew Lumsdale otherwise Lumsdain Son to William Lumsdale otherwise Lumsdain Writer in Edinburgh, and William Fidler Clerk in the Auditor's Office in the Exchequer of Scotland, of High Treason, if they shall not render themselves to One of His Majesty's Justices of the Peace on or before the Twelfth Day of July in the Year of our Lord One Thousand Seven Hundred and Forty-six, and submit to Justice.
Citation 19 Geo. 2. c. 26
Dates
Royal assent 4 June 1746

The Attainder of Earl of Kellie and Others Act 1745 [1] (19 Geo. 2. c. 26) [2] was a parliamentary response to the failed Jacobite rising of 1745.

By this Act, the Earl of Kellie and others numbering upwards of three dozen who did not surrender themselves by 12 July 1746 were attainted of high treason. Justices of the realm were under this Act instructed to commit the persons who surrendered, and to give notice to a Secretary of State. [3] [ better source needed ]

Related Research Articles

<span class="mw-page-title-main">James Butler, 2nd Duke of Ormonde</span> Irish politician and soldier (1665–1745)

James FitzJames Butler, 2nd Duke of Ormonde, (1665–1745) was an Irish statesman and soldier. He was the third of the Kilcash branch of the family to inherit the earldom of Ormond. Like his grandfather, the 1st Duke, he was raised as a Protestant, unlike his extended family who held to Roman Catholicism. He served in the campaign to put down the Monmouth Rebellion, in the Williamite War in Ireland, in the Nine Years' War and in the War of the Spanish Succession but was accused of treason and went into exile after the Jacobite rising of 1715.

<span class="mw-page-title-main">Earl of Kellie</span> Title in the Peerage of Scotland

The title Earl of Kellie or Kelly is a title in the Peerage of Scotland, created in 1619 for Sir Thomas Erskine, who was Captain of the Guard and Groom of the Stool for James VI. It is named after Barony of Kellie in Fife, Scotland. Since 1875, it has been held jointly with the Earldom of Mar.

<span class="mw-page-title-main">Earl of Cromartie</span> Earldom in the Peerage of the United Kingdom

Earl of Cromartie is a title that has been created twice, both for members of the Mackenzie family. It was first created as Earl of Cromarty in the Peerage of Scotland in 1703 for Sir George Mackenzie, 2nd Baronet, but his titles were forfeited after the Jacobite rising of 1745. It was recreated in 1861 in the Peerage of the United Kingdom for Anne Sutherland-Leveson-Gower, Duchess of Sutherland. Since 1979, the Earl of Cromartie has been chief of Clan Mackenzie.

The British peerage is governed by a body of law that has developed over several centuries. Much of this law has been established by a few important cases, and some of the more significant of these are addressed in this article.

The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days before and after a parliamentary session.

In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime. It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted.

<span class="mw-page-title-main">James Hay, 15th Earl of Erroll</span> Scottish nobleman

James Hay, 15th Earl of Erroll styled Lord Boyd from 1728 to 1746, was a Scottish nobleman and the son of William Boyd, 4th Earl of Kilmarnock.

<span class="mw-page-title-main">George Mackenzie, 3rd Earl of Cromartie</span> Scottish nobleman and Jacobite

George Mackenzie, 3rd Earl of Cromartie was a Scottish nobleman.

<span class="mw-page-title-main">Clan Murray</span> Highland Scottish clan

Clan Murray is a Highland Scottish clan. The chief of the Clan Murray holds the title of Duke of Atholl. Their ancestors were the Morays of Bothwell who established the family in Scotland in the 12th century. In the 16th century, descendants of the Morays of Bothwell, the Murrays of Tullibardine, secured the chiefship of the clan and were created Earls of Tullibardine in 1606. The first Earl of Tullibardine married the heiress to the Stewart earldom of Atholl and Atholl therefore became a Murray earldom in 1626. The Murray Earl of Atholl was created Marquess of Atholl in 1676 and in 1703 it became a dukedom. The marquess of Tullibardine title has continued as a subsidiary title, being bestowed on elder sons of the chief until they succeed him as Duke of Atholl.

<span class="mw-page-title-main">Mary Hay, 14th Countess of Erroll</span>

Mary Hay, 14th Countess of Erroll was a Scottish noblewoman and suo jure Countess of Erroll. As 18th Hereditary Lord High Constable and Knight Marischal of Scotland, she was the Senior Great Officer among the Royal Officers of Scotland and Chief of the King's Household in Scotland. She inherited these titles in 1717 on the death of her unmarried brother, Charles Hay, 13th Earl of Erroll.

Loudon's Highlanders, or the 64th Highlanders, or Earl of Loudon's Regiment of Foot, was an infantry regiment of the British Army.

<span class="mw-page-title-main">Habeas Corpus Suspension Act 1745</span> United Kingdom legislation

The Habeas Corpus Suspension Act 1745 was an Act of Parliament of the Parliament of Great Britain passed on 18 October 1745, and formally repealed in 1867. It made various provisions for arresting and imprisoning those suspected of treason during the Second Jacobite Rising. The Act was continued in force by a second Act of the same title and by a third act the next year before expiring.

<span class="mw-page-title-main">Treason Act 1746</span> United Kingdom legislation

The Treason Act 1746 was an Act of the Parliament of Great Britain. The long title is "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Council."

Sir Richard Lane, a.k.a. Edward Lane, was an English barrister who practised mostly in the Court of Exchequer. He acted as defence counsel to the Earl of Strafford when the Earl was impeached and attainted, and also represented Archbishop Williams and eleven other bishops who were imprisoned in the Tower of London in 1642.

<span class="mw-page-title-main">Jurors (Scotland) Act 1745</span> United Kingdom legislation

The Jurors (Scotland) Act 1745 was an Act of the Parliament of Great Britain, passed during the Jacobite Rising of 1745. Its long title was "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy War against His Majesty; and for the better ascertaining the Qualifications of Jurors in Trials for High Treason or Misprision of Treason, in that Part of Great Britain called Scotland." It was one of the Juries (Scotland) Acts 1745 to 1869.

<span class="mw-page-title-main">Treason Outlawries (Scotland) Act 1748</span> United Kingdom legislation

The Treason Outlawries (Scotland) Act 1748 was an Act of the Parliament of Great Britain which applied only to Scotland. Its long title was "An Act to ascertain and establish the Method of Proceeding to and upon Outlawries for High Treason and Misprision of High Treason, in Scotland."

<span class="mw-page-title-main">Dilston Castle</span> United Kingdom legislation

Dilston Castle is an unglazed 15th-century uninhabited tower house at Dilston in the parish of Corbridge, Northumberland, England. Both are scheduled monuments and Grade I listed buildings giving them recognition for historic and architectural value as well protection from demolition.

The Independent Highland Companies were irregular militia raised from the Scottish clans of the Scottish Highlands by order of the British government between 1603 and 1760 in order to help keep the peace and enforce the law in the Highlands and were recognized as such by the government. The officers of the Independent Highland Companies were commissioned as officers of the British Army but the Independent Companies were not recognized as official regiments of the line of the army. The Independent Highland Companies were the progenitors of the Highland Regiments of the British Army that began when ten Independent Highland Companies were embodied to form the Earl of Crawford's Highland Regiment that was numbered the 43rd Regiment of Foot in 1739.

<span class="mw-page-title-main">James Livingston, 5th Earl of Linlithgow</span> Scottish nobleman and politician

James Livingston, 5th Earl of Linlithgow, 4th Earl of Callendar was a Scottish nobleman who was convicted of high treason and forced to forfeit his estates and all his titles to the Crown.

<span class="mw-page-title-main">Great Officers of State (United Kingdom)</span> Ceremonial ministers of the Crown

In the United Kingdom, the Great Officers of State are traditional ministers of the Crown who either inherit their positions or are appointed to exercise certain largely ceremonial functions or to operate as members of the government. Separate Great Officers exist for England and Wales, Scotland, and formerly for Ireland, though some exist for Great Britain and the United Kingdom as a whole.

References

  1. Current Law Statutes 1994, vol 4, p 12
  2. Great Britain. (1746). An Act to attaint Alexander Earl of Kellie, William Viscount of Strathallan, Alexander Lord Pitsligo, ... of high treason, if they shall not render themselves to one of His Majesty's Justices of the Peace, on or before the twelfth day of July, in the year of our Lord one thousand seven hundred and forty six, and submit to justice. [London: printed by Thomas Baskett; and by the assigns of Robert Baskett.
  3. The Statutes at Large of England and of Great Britain from Magna Carta to the Union of the Kingdoms of Great Britain and Ireland, vol. X. Edited by John Raithby