Treason Act 1743

The Treason Act 1743 (17 Geo.II 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).

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. 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 (The 1708 and 1743 Acts were amended in turn by the 1799 Act 39 Geo.3 c.93, which repealed these provisions.)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:

Correspondence with Enemies Act 1691
Correspondence with the Pretender Act 1697
Correspondence with James the Pretender (High Treason) Act 1701
Correspondence with Enemies Act 1704

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Orders-in-Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

Treason Act 1743

Provisions

Previous legislation

See also