Heritable Jurisdictions Act

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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 It abolished the traditional rights of jurisdiction afforded to a Scottish clan chief.[1] The Act implicitly repealed article XX of the Union with England Act, 1707, which had promised that all inheritable positions in Scotland would continue without change.[2]

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).[3] Not all clans had supported the rebellion, but the Act nevertheless stripped all clan chiefs of their traditional rights to call men to arms.[4]

Most of its provisions have since been repealed, but it still specifies that any noble title created in Scotland after 6 June 1747 may grant no rights beyond those of landlordship (collecting rents).[5]

[edit] References

  1. ^ "Abolition of Heritable Jurisdictions Act." Encyclopædia Britannica. 2008. Encyclopædia Britannica Online. accessed 27 August 2008.
  2. ^ Original text of the Act of Union accessed 27 August 2008].
  3. ^ Culloden: The Last Charge of the Highland Clans by John Sadler. NPI Media Group, 2006. ISBN 0752439553.
  4. ^ Proceedings of the Scottish Parliament on 27 September 2000: A Debate on the Highland Clearances, accessed 27. Aug. 2008.
  5. ^ Office of Public Sector Information, Heritable Jurisdictions (Scotland) Act 1746 (c.43), Revised Statute from The UK Statute Law Database


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