Treason Act 1743

Last updated

Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act to make it High Treason to hold correspondence with the Sons of the Pretender to His Majesty's Crown, and for attainting them of High Treason, in case they should land or attempt to land in Great Britain, or any of the Dominions thereunto belonging, and for suspending the operation and effect of a Clause in the Act of the seventh year of the late Queen Anne, for improving the Union of the two Kingdoms, relating to Forfeitures for High Treason until after the decease of the sons of the Pretender.
Citation 17 Geo. 2. c. 39
Dates
Royal assent 12 May 1744
Other legislation
Amends Treason Act 1708
Amended by
  • Forfeiture upon Attainder of Treason Act 1799
Repealed by Statute Law Revision Act 1867
Status: Repealed

The Treason Act 1743 [1] (17 Geo. 2. c. 39) was an Act of the Parliament of Great Britain which made it high treason to correspond with any of the sons of James Francis Edward Stuart ("The Old Pretender"), who claimed to be king of Great Britain and of Ireland. His sons were Charles Edward Stuart ("The Young Pretender") and Henry Benedict Stuart (who, after his elder brother's death in 1788, never asserted a claim to the throne).

Contents

Provisions

Section 1 enacted that after 1 May 1744 it was treason for anyone to "hold, entertain, or keep any intelligence or correspondence in person, or by letters, messages or otherwise" with any son of the Old Pretender, or any of his employees, "knowing such person to be so employed," or to give them money, whether in Great Britain or elsewhere.

Section 2 provided that from the same date, any son of the Old Pretender who landed or attempted to land in Great Britain or Ireland, "or any of the dominions or territories belonging to the crown of Great Britain," or who was found there or in any ship with intent to land there, would be guilty of treason.

Forfeiture upon Attainder of Treason Act 1799
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An act to repeal so much of an act, passed in the seventh year of the reign of Queen Anne, and also so much of an act passed in the seventeenth year of the reign of his late majesty King George the Second, as puts an end to the forfeiture of inheritances upon attainder of treason, after the death of the pretender and his sons.
Citation 39 Geo. 3. c. 93
Dates
Royal assent 12 July 1799
Other legislation
Amends
Repealed by Statute Law Revision Act 1871
Status: Repealed
Text of statute as originally enacted

Section 3 amended section 10 of the Treason Act 1708. This section had originally provided that after the death of the Old Pretender, "no attainder for treason shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons, other than the right or title of the offender or offenders, during his, her, or their natural lives, only..." (See corruption of blood.) The 1743 Act postponed the operation of this clause until after the death of all of the Old Pretender's sons (which occurred in 1807), instead of his own death (in 1766). (The 1708 and 1743 Acts were amended in turn by the Forfeiture upon Attainder of Treason Act 1799 (39 Geo. 3. c. 93), which repealed these provisions.)

Section 4 stated that offences committed out of Great Britain could be tried anywhere in Great Britain.

Previous legislation

Four previous statutes had made similar provision in respect of the Old Pretender and his father, the late King James:

See also

Related Research Articles

<span class="mw-page-title-main">James Francis Edward Stuart</span> Pretender to the British throne (1688–1766)

James Francis Edward Stuart, nicknamed the Old Pretender by Whigs, was the son of King James VII and II of England, Scotland and Ireland, and his second wife, Mary of Modena. He was Prince of Wales from July 1688 until, just months after his birth, his Catholic father was deposed and exiled in the Glorious Revolution of 1688. James II's Protestant elder daughter Mary II and her husband William III became co-monarchs. The Bill of Rights 1689 and Act of Settlement 1701 excluded Catholics such as James from the English and British thrones.

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.

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">Treason Act 1351</span> United Kingdom legislation

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<span class="mw-page-title-main">Treason Act 1790</span> United Kingdom legislation

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Treason Act or Treasons Act or Statute of Treasons is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences.

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<span class="mw-page-title-main">Treason Act 1766</span> United Kingdom legislation

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The Security of the Succession, etc. Act 1701 was an Act of the Parliament of England. The Act required nearly all office-holders to take the oath of abjuration against James Francis Edward Stuart, pretender to the throne, self-styled Prince of Wales and son of the former King James II.

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<span class="mw-page-title-main">Regency Act 1705</span> Act of the Parliament of England

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<span class="mw-page-title-main">Correspondence with the Pretender Act 1697</span> United Kingdom legislation

The Correspondence with the Pretender Act 1697 was an Act of the Parliament of England which made it high treason to correspond with the deposed King James II. When James II died and his son "James III" asserted his own claim to the throne, the Correspondence with James the Pretender Act 1701 was passed to replace this provision.

<span class="mw-page-title-main">Correspondence with Enemies Act 1691</span> United Kingdom legislation

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<span class="mw-page-title-main">Security of King and Government Act 1695</span> Act of the Parliament of England

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<span class="mw-page-title-main">Treason Act 1714</span> United Kingdom legislation

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<span class="mw-page-title-main">Correspondence with Enemies Act 1793</span> British legislation

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<span class="mw-page-title-main">Corruption of Blood Act 1814</span> United Kingdom legislation

The Corruption of Blood Act 1814 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which abolished corruption of blood for all crimes except high treason, petty treason and murder. Corruption of blood had until then been an automatic consequence of attainder for treason and felony. The Act was the result of the efforts of the law reformer Sir Samuel Romilly MP, who had failed to pass a similar bill in 1813.

References

  1. Walker. A Legal History of Scotland. W Green. 1988. Volume 5. pp 531 & 542.