Treason Act 1714
Encyclopedia
The Treason Act 1714 was an Act of Parliament
of the Parliament of Great Britain
passed during the Jacobite Rising of 1715
(but backdated to 1714: see Acts of Parliament (Commencement) Act 1793
for the explanation). 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." It enacted that anyone who was in custody for high treason
before 23 January 1716 could be tried anywhere in England, regardless of where they had allegedly committed their crime. Under common law
a trial normally had to take place in the county
where the crime happened. (The Act also preserved the right of peers
to be tried by their peers.)
The Treason Act 1745
extended the national jurisdiction in treason cases to all crimes of treason, whenever committed.
Another Act in 1715, 1 Geo.I Stat.2 c.50, enacted that anyone attainted
of treason between 29 June 1715 and 24 June 1718 was to have their lands forfeited
to the Crown
for public use. Also, from 1 November 1716, any hereditary office they might have held was to be extinguished.
A similar Act was also passed for Scotland
, 1 Geo.I Stat.2 c.20. This stated that if anyone with land in Scotland was guilty of treason because they had corresponded with the pretender to the throne, James III / VIII
, they were to forfeit their lands to their vassal (if they owned the land) or to their landlord (if they occupied the land as a tenant), if that person was loyal to the Crown. However any person who stood to gain their land could not give evidence against them. If the loyal vassal or landlord did not claim the land within 6 months of the traitor's conviction, the land was to belong to the Crown instead, "for preventing frauds or collusion in order to evade this act." Any conveyance of land done since 1 August 1714, and any future conveyance done by anyone convicted of treason, was void. Creditors of the convicted traitors were not to be prejudiced by the Act.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
passed during the Jacobite Rising of 1715
Jacobite Rising of 1715
The Jacobite rising of 1715, often referred to as The 'Fifteen, was the attempt by James Francis Edward Stuart to regain the British throne for the exiled House of Stuart.-Background:...
(but backdated to 1714: see Acts of Parliament (Commencement) Act 1793
Acts of Parliament (Commencement) Act 1793
The Acts of Parliament Act 1793 was an Act of the Parliament of the Kingdom of Great Britain which provided that Acts of Parliament would come into force on the date on which they received royal assent, unless they specified some other date, instead of the first day of the session in which they...
for the explanation). Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
was "An act for the more easy and speedy trial of such persons as have levied or shall levy war against his Majesty." It enacted that anyone who was in custody for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
before 23 January 1716 could be tried anywhere in England, regardless of where they had allegedly committed their crime. Under common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
a trial normally had to take place in the county
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
where the crime happened. (The Act also preserved the right of peers
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
to be tried by their peers.)
The Treason Act 1745
Treason Act 1745
The Treason Act 1745 was an Act of Parliament 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...
extended the national jurisdiction in treason cases to all crimes of treason, whenever committed.
Another Act in 1715, 1 Geo.I Stat.2 c.50, enacted that anyone attainted
Attainder
In English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
of treason between 29 June 1715 and 24 June 1718 was to have their lands forfeited
Forfeiture (law)
Forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver; see waiver and forfeiture....
to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
for public use. Also, from 1 November 1716, any hereditary office they might have held was to be extinguished.
A similar Act was also passed for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, 1 Geo.I Stat.2 c.20. This stated that if anyone with land in Scotland was guilty of treason because they had corresponded with the pretender to the throne, James III / VIII
James Francis Edward Stuart
James Francis Edward, Prince of Wales was the son of the deposed James II of England...
, they were to forfeit their lands to their vassal (if they owned the land) or to their landlord (if they occupied the land as a tenant), if that person was loyal to the Crown. However any person who stood to gain their land could not give evidence against them. If the loyal vassal or landlord did not claim the land within 6 months of the traitor's conviction, the land was to belong to the Crown instead, "for preventing frauds or collusion in order to evade this act." Any conveyance of land done since 1 August 1714, and any future conveyance done by anyone convicted of treason, was void. Creditors of the convicted traitors were not to be prejudiced by the Act.
See also
- Security of the Sovereign Act 1714Security of the Sovereign Act 1714The Security of the Sovereign Act 1714 was an Act of the Parliament of the United Kingdom. The Act required all civil and military officers; members of colleges; teachers; preachers; and lawyers to take the oaths of allegiance and supremacy and of abjuration of the Pretender....
- Riot ActRiot ActThe Riot Act was an Act of the Parliament of Great Britain that authorised local authorities to declare any group of twelve or more people to be unlawfully assembled, and thus have to disperse or face punitive action...
(1714) - Treason Act 1746Treason Act 1746The 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."The Act commenced on 1 June 1747...
- Correspondence with James the Pretender (High Treason) Act 1701Correspondence with James the Pretender (High Treason) Act 1701The Correspondence with James the Pretender Act 1701 was an Act of Parliament of the Parliament of England passed in 1701. The long title of the Act is "An Act for the Attainder of the pretended Prince of Wales of High Treason"...
- Treason ActTreason ActTreason Act or Treasons Act 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...