Treason Act 1747
Encyclopedia
The Treason Act 1747 was an 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...

 which appplied only to 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 stated that anyone who was prosecuted on or after 1 April 1748 for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

 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...

 could be tried anywhere in Scotland if the crime had been committed in any of the shires of Dunbartain
Dunbartonshire
Dunbartonshire or the County of Dumbarton is a lieutenancy area and registration county in the west central Lowlands of Scotland lying to the north of the River Clyde. Until 1975 it was a county used as a primary unit of local government with its county town and administrative centre at the town...

, Stirling
Stirlingshire
Stirlingshire or the County of Stirling is a registration county of Scotland, based around Stirling, the former county town. It borders Perthshire to the north, Clackmannanshire and West Lothian to the east, Lanarkshire to the south, and Dunbartonshire to the south-west.Until 1975 it was a county...

, Perth
Perth, Scotland
Perth is a town and former city and royal burgh in central Scotland. Located on the banks of the River Tay, it is the administrative centre of Perth and Kinross council area and the historic county town of Perthshire...

, Kincardine
Kincardineshire
The County of Kincardine, also known as Kincardineshire or The Mearns was a local government county on the coast of northeast Scotland...

, Aberdeen
Aberdeenshire
Aberdeenshire is one of the 32 unitary council areas in Scotland and a lieutenancy area.The present day Aberdeenshire council area does not include the City of Aberdeen, now a separate council area, from which its name derives. Together, the modern council area and the city formed historic...

, Inverness
Inverness-shire
The County of Inverness or Inverness-shire was a general purpose county of Scotland, with the burgh of Inverness as the county town, until 1975, when, under the Local Government Act 1973, the county area was divided between the two-tier Highland region and the unitary Western Isles. The Highland...

, Nairn
Nairn (boundaries)
Nairn was a general purpose county of Scotland, with the burgh of Nairn as the county town, until 1975, when, under the Local Government Act 1973, the county area became one of the eight districts of the two-tier Highland region...

, Cromarty
Cromartyshire
Cromartyshire was a county in the Highlands of Scotland, consisting of a main portion between Sutherland and Ross-shire and a series of exclaves within Ross-shire. Ross-shire and Cromartyshire were combined as the single county of Ross and Cromarty by the Local Government Act 1889, and this...

, Argyll
Argyll
Argyll , archaically Argyle , is a region of western Scotland corresponding with most of the part of ancient Dál Riata that was located on the island of Great Britain, and in a historical context can be used to mean the entire western coast between the Mull of Kintyre and Cape Wrath...

, Forfar
Angus
Angus is one of the 32 local government council areas of Scotland, a registration county and a lieutenancy area. The council area borders Aberdeenshire, Perth and Kinross and Dundee City...

, Banff
Banffshire
The County of Banff is a registration county for property, and Banffshire is a Lieutenancy area of Scotland.The County of Banff, also known as Banffshire, was a local government county of Scotland with its own county council between 1890 and 1975. The county town was Banff although the largest...

, Sutherland
Sutherland
Sutherland is a registration county, lieutenancy area and historic administrative county of Scotland. It is now within the Highland local government area. In Gaelic the area is referred to according to its traditional areas: Dùthaich 'IcAoidh , Asainte , and Cataibh...

, Caithness
Caithness
Caithness is a registration county, lieutenancy area and historic local government area of Scotland. The name was used also for the earldom of Caithness and the Caithness constituency of the Parliament of the United Kingdom . Boundaries are not identical in all contexts, but the Caithness area is...

, Elgine
County of Moray
Moray is one of the registration counties of Scotland, bordering Nairnshire to the west, Inverness-shire to the south, and Banffshire to the east...

, Ross
Ross
Ross is a region of Scotland and a former mormaerdom, earldom, sheriffdom and county. The name Ross allegedly derives from a Gaelic word meaning a headland - perhaps a reference to the Black Isle. The Norse word for Orkney - Hrossay meaning horse island - is another possible origin. The area...

, and Orkney. Normally a crime had to be tried in the shire where it had been committed. The Act also said that in such a trial, the jurors
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 could come from adjoining counties, instead of (as would otherwise be the case) the county where the trial was held.

It also provided that His Majesty's Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...

 could move the trial to the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

, and that peers
Peer of the Realm
Peer of the Realm is a term for a member of the highest social order in a kingdom, notably:...

had the right to be tried by their peers. These provisions were to expire after seven years.
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