Heritable Jurisdictions Act

Heritable Jurisdictions Act

The Heritable Jurisdictions (Scotland) Act, 1746 (20 Geo 2 c 43) was an Act of Parliament passed by the Parliament of Great Britain in 1746. It abolished the traditional rights of jurisdiction afforded to a Scottish clan chief. [ [http://www.britannica.com/EBchecked/topic/1446/Abolition-of-Heritable-Jurisdictions-Act "Abolition of Heritable Jurisdictions Act." Encyclopædia Britannica. 2008.] Encyclopædia Britannica Online. accessed 27 Aug. 2008. ] The Act implicitly repealed article XX of the Union with England Act, 1707, which had promised that all inheritable positions in Scotland would continue without change. [ [http://www.rahbarnes.demon.co.uk/Union/UnionWithEnglandAct.htm Original text of the Act of Union] accessed 27 Aug. 2008] . ]

The act was made soon after the Battle of Culloden in which government forces defeated the Jacobite rebellion led by Charles Edward Stuart (Bonnie Prince Charlie). ["Culloden: The Last Charge of the Highland Clans" by John Sadler. NPI Media Group, 2006. ISBN 0752439553.] Not all clans had supported the rebellion, but the Act nevertheless stripped all clan chiefs of their traditional rights to call men to arms. [ [http://www.his.com/~rory/hlndclr.html Proceedings of the Scottish Parliament on 27 September 2000: A Debate on the Highland Clearances] , accessed 27. Aug. 2008. ]

Most of its provisions have since been repealed, but it still specifies that any noble title created in Scotland after June 6, 1747 may grant no rights beyond those of landlordship (collecting rents.) [ [http://www.opsi.gov.uk/RevisedStatutes/Acts/apgb/1746/capgb_17460043_en_1 Office of Public Sector Information, Heritable Jurisdictions (Scotland) Act 1746 (c.43), Revised Statute from The UK Statute Law Database] ]

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