Treason Act 1743
Encyclopedia
The Treason Act 1743 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).
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.
Section 3 amended section X 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..." 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). (See corruption of blood.)
Section 4 stated that offences committed out of Great Britain could be tried anywhere in Great Britain.
:
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...
which made it 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...
to correspond with any of the sons of James Francis Edward Stuart
James Francis Edward Stuart
James Francis Edward, Prince of Wales was the son of the deposed James II of England...
("The Old Pretender"), who claimed to be king of Great Britain and of Ireland. His sons were Charles Edward Stuart
Charles Edward Stuart
Prince Charles Edward Louis John Casimir Sylvester Severino Maria Stuart commonly known as Bonnie Prince Charlie or The Young Pretender was the second Jacobite pretender to the thrones of Great Britain , and Ireland...
("The Young Pretender") and Henry Benedict Stuart
Henry Benedict Stuart
Henry Benedict Stuart was a Roman Catholic Cardinal, as well as the fourth and final Jacobite heir to publicly claim the thrones of England, Scotland, and Ireland. Unlike his father, James Francis Edward Stuart, and brother, Charles Edward Stuart, Henry made no effort to seize the throne...
(who, after his elder brother's death in 1788, never asserted a claim to the throne).
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.
Section 3 amended section X of the Treason Act 1708
Treason Act 1708
The Treason Act 1708 is an Act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707. It came into effect on 1 July 1709. Some of it is still in force today...
. 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..." 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). (See corruption of blood.)
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 JamesJames II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
:
- Correspondence with Enemies Act 1691Correspondence with Enemies Act 1691The Correspondence with Enemies Act 1691 was an Act of the Parliament of England which made it high treason to correspond with the deposed King James II. It was repealed and replaced by the Correspondence with the Pretender Act 1697...
- Correspondence with the Pretender Act 1697Correspondence with the Pretender Act 1697The 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...
- 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"...
- Correspondence with Enemies Act 1704
See also
- JacobitismJacobitismJacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
- High treason in the United KingdomHigh treason in the United KingdomUnder 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; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- 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...