Treason Act 1745
Encyclopedia
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 qualifications of jurors in trials for high treason
or misprision of treason
, in that part of Great Britain called Scotland
."
It enacted that anyone who was prosecuted for high treason could be tried anywhere in England, regardless of where they had first been indicted
. Under common law
a trial had to take place in the county
where the crime happened. The preamble
to the Act explained that this change to the law was necessary because many prisoners had been moved to other prisons "for safer custody," or taken to London to be questioned, and it would have been inconvenient to transport them all back again. This exception to the rule had first been introduced as a temporary measure in 1715
, during the first Jacobite Rising
.
The Act also changed the criteria for jury service
in trials for high treason and misprision of treason committed in Scotland.
of treason unless they surrendered to the authorities by 12 July 1746.
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 1745
Jacobite Rising of 1745
The Jacobite rising of 1745, often referred to as "The 'Forty-Five," was the attempt by Charles Edward Stuart to regain the British throne for the exiled House of Stuart. The rising occurred during the War of the Austrian Succession when most of the British Army was on the European continent...
. 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; and for the better ascertaining the qualifications of jurors in trials 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...
or misprision of treason
Misprision of treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...
, in that part of Great Britain called 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...
."
It enacted that anyone who was prosecuted for high treason could be tried anywhere in England, regardless of where they had first been indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. 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 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 preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
to the Act explained that this change to the law was necessary because many prisoners had been moved to other prisons "for safer custody," or taken to London to be questioned, and it would have been inconvenient to transport them all back again. This exception to the rule had first been introduced as a temporary measure in 1715
Treason Act 1714
The Treason Act 1714 was an Act of Parliament of the Parliament of Great Britain passed during the Jacobite Rising of 1715...
, during the first Jacobite Rising
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:...
.
The Act also changed the criteria for jury service
Jury duty
Jury duty is service as a juror in a legal proceeding. When a person is called for jury duty in the United States, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty...
in trials for high treason and misprision of treason committed in Scotland.
Other legislation
Another Act in the same year, 19 Geo.II c.26, stated that people named in the Act would automatically be attaintedBill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
of treason unless they surrendered to the authorities by 12 July 1746.
See also
- Habeas Corpus Suspension Act 1745Habeas Corpus Suspension Act 1745The Habeas Corpus Suspension Act 1745 was an Act of Parliament of the Parliament of Great Britain passed in 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...
- Treason Act 1747Treason Act 1747The Treason Act 1747 was an Act of the Parliament of Great Britain which appplied only to Scotland. It stated that anyone who was prosecuted on or after 1 April 1748 for treason or misprision of treason could be tried anywhere in Scotland if the crime had been committed in any of the shires of...
- 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...