37-540: The Heritable Jurisdictions (Scotland) Act 1746 ( 20 Geo. 2 . c. 43) or the Sheriffs Act 1747 was an act of Parliament passed in the aftermath of the Jacobite rising of 1745 abolishing judicial rights held by Scots heritors . These were a significant source of power, especially for clan chiefs since it gave them a large measure of control over their tenants. The position of sheriff-principal originated in
74-514: A member of the Stewart of Darnley branch of the House. Lennox was a descendant of Alexander Stewart, 4th High Steward of Scotland , also descended from James II , being Mary's heir presumptive . Thus Darnley was also related to Mary on his father's side and because of this connection, Mary's heirs remained part of the House of Stuart. Following John Stewart of Darnley 's ennoblement for his part at
111-537: A number of previous attempts to either eliminate or weaken them; for example, the 1692 Church of Scotland Settlement removed the right of heritors to nominate church ministers for their own parishes. Many remained, one of the most significant being control of the thirty-three Sheriffs who presided over the Scottish court system. In 1745, only eight of these were appointed by the Crown, three were appointed for life, with
148-678: A series of conflicts known as the War of the Three Kingdoms . The trial and execution of Charles I by the English Parliament in 1649 began 11 years of republican government known as the English Interregnum . Scotland initially recognised the late King's son, also called Charles , as their monarch, before being subjugated and forced to enter Cromwell's Commonwealth by General Monck 's occupying army. During this period,
185-640: A short title by acts of the Parliament of the United Kingdom (such as the Short Titles Act 1896 ). Before the Acts of Parliament (Commencement) Act 1793 came into force on 8 April 1793, acts passed by the Parliament of Great Britain were deemed to have come into effect on the first day of the session in which they were passed. Because of this, the years given in the list below may in fact be
222-628: Is dated 1746 under the convention of the time which assigned acts to the year in which that sessions of parliament began sitting. The long title of the act, which sets out the scheme and intention, is: An Act for taking away and abolishing the Heretable Jurisdictions in Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for
259-497: Is the current senior heir. From the Acts of Union 1707 , which came into effect on 1 May 1707, the last Stuart monarch, Anne, became Queen of Great Britain and Ireland. Round provided a family tree to embody his essential findings, which is adapted below. Descended from the Stewarts of Darnley (Stewarts of Lennox) Male, male-line, legitimate, non-morganatic members of the house who either lived to adulthood, or who held
296-469: The Abolition of Feudal Tenure etc. (Scotland) Act 2000 which came into force on 28 November 2004. 20 Geo. 2 Interregnum (1642–1660) Rescinded (1639–1651) This is a complete list of acts of the Parliament of Great Britain for the year 1746 . For acts passed until 1707, see the list of acts of the Parliament of England and the list of acts of the Parliament of Scotland . See also
333-596: The Battle of Baugé in 1421 and the grant of lands to him at Aubigny and Concressault , the Darnley Stewarts' surname was gallicised to Stuart . Both Mary, Queen of Scots, and Lord Darnley had strong claims on the English throne through their mutual grandmother Margaret Tudor. This eventually led to the accession of the couple's only child James as King of Scotland, England, and Ireland in 1603. However, this
370-583: The Duchy of Brittany ; Alan had a good relationship with Henry I of England who awarded him with lands in Shropshire . The FitzAlan family quickly established themselves as a prominent Anglo-Norman noble house, with some of its members serving as High Sheriff of Shropshire . It was the son of Alan named Walter FitzAlan who became the first hereditary High Steward of Scotland , while his brother William's family went on to become Earls of Arundel . When
407-455: The House of Stuart 's outdated belief in the divine right of kings and unquestioning obedience. He did so by agreeing such safeguards were required for states ruled by an absolute monarch but 'fortunately, Britain was not in that position.' This was because the constitution limited the powers of the Crown and ensured liberty; on the other hand, private jurisdictions endangered it by encroaching on
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#1732765602683444-561: The list of acts of the Parliament of Ireland . For acts passed from 1801 onwards, see the list of acts of the Parliament of the United Kingdom . For acts of the devolved parliaments and assemblies in the United Kingdom, see the list of acts of the Scottish Parliament , the list of acts of the Northern Ireland Assembly , and the list of acts and measures of Senedd Cymru ; see also the list of acts of
481-729: The 12th and 13th centuries. The sixth High Steward of Scotland, Walter Stewart (1293–1326), married Marjorie , daughter of Robert the Bruce , and also played an important part in the Battle of Bannockburn gaining further favour. Their son Robert was heir to the House of Bruce , the Lordship of Cunningham and the Bruce lands of Bourtreehill ; he eventually inherited the Scottish throne when his uncle David II died childless in 1371. In 1503, James IV attempted to secure peace with England by marrying King Henry VII 's daughter, Margaret Tudor . The birth of their son, later James V , brought
518-460: The 13th century and still exists in modern Scotland. Originally appointed by the Crown , over the centuries the majority had become hereditary, the holders appointing legal professionals known as Sheriff-deputes to do the work. The act returned control of these to the Crown. Since article XX of the 1707 Acts of Union recognised these rights as property, compensation was paid to the deprived heritors. The act received royal assent on 17 June 1747, but
555-437: The 40th year of that reign. Note that the modern convention is to use Arabic numerals in citations (thus "41 Geo. 3" rather than "41 Geo. III"). Acts of the last session of the Parliament of Great Britain and the first session of the Parliament of the United Kingdom are both cited as "41 Geo. 3". Acts passed by the Parliament of Great Britain did not have a short title ; however, some of these acts have subsequently been given
592-713: The Administration of Justice throughout that Part of the United Kingdom, by the King’s Courts and Judges there; ... and for rendering the Union of the Two Kingdoms more complete. For remedying the inconveniences that have arisen and may arise from the multiplicity and extent of heretable jurisdictions in Scotland, for making satisfaction to the proprietors thereof, for restoring to the crown the powers of jurisdiction originally and properly belonging thereto, according to
629-692: The Crowns . The Stuarts were monarchs of Britain and Ireland and its growing empire until the death of Queen Anne in 1714, except for the period of the Commonwealth between 1649 and 1660. In total, nine Stewart/Stuart monarchs ruled Scotland alone from 1371 until 1603, the last of whom was James VI, before his accession in England. Two Stuart queens ruled the isles following the Glorious Revolution in 1688: Mary II and Anne . Both were
666-453: The House of Stewart into the line of descent of the House of Tudor , and the English throne. Margaret Tudor later married Archibald Douglas, 6th Earl of Angus , and their daughter, Margaret Douglas , was the mother of Henry Stuart, Lord Darnley . In 1565, Darnley married his half-cousin Mary, Queen of Scots , the daughter of James V . Darnley's father was Matthew Stewart, 4th Earl of Lennox ,
703-489: The Parliament of Northern Ireland . The number shown after each act's title is its chapter number. Acts are cited using this number, preceded by the year(s) of the reign during which the relevant parliamentary session was held; thus the Union with Ireland Act 1800 is cited as "39 & 40 Geo. 3. c. 67", meaning the 67th act passed during the session that started in the 39th year of the reign of George III and which finished in
740-461: The Protestant daughters of James VII and II by his first wife Anne Hyde and the great-grandchildren of James VI and I. Their father had converted to Catholicism and his new wife gave birth to a son in 1688, who was to be brought up as a Roman Catholic; so James was deposed by Parliament in 1689, in favour of his daughters. However, neither daughter had any children who survived to adulthood, so
777-586: The Scottish and English (and later British) throne as the rightful heirs, their supporters being known as Jacobites . Since the early 19th century, when the James II direct line failed, there have been no active claimants from the Stuart family. The current Jacobite heir to the claims of the historical Stuart monarchs is a distant cousin Franz, Duke of Bavaria , of the House of Wittelsbach . The senior living member of
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#1732765602683814-543: The civil war in the Kingdom of England , known as The Anarchy , broke out between the legitimist claimant Matilda, Lady of the English , and her cousin who had usurped her, King Stephen , Walter had sided with Matilda. Another supporter of Matilda was her uncle David I of Scotland from the House of Dunkeld . After Matilda was pushed out of England into the County of Anjou , essentially failing in her legitimist attempt for
851-620: The constitution, and for extending the influence, benefit, and protection of the King’s laws and courts of justice to all his Majesty’s subjects in Scotland, and for rendering the union more complete. The Act was one of a number of measures taken after the defeat of the 1745 Jacobite Rising to weaken the traditional rights held by clan chiefs, the others being the 1746 Dress Act and the Act of Proscription . Such rights were not restricted to clan chiefs and were widespread throughout Scotland. There had been
888-402: The crown passed to the House of Hanover on the death of Queen Anne in 1714 under the terms of the Act of Settlement 1701 and the Act of Security 1704 . The House of Hanover had become linked to the House of Stuart through the line of Elizabeth Stuart, Queen of Bohemia . After the loss of the throne, the descendants of James VII and II continued for several generations to attempt to reclaim
925-619: The legal authority of a constitutional monarchy. George II , in a speech also written by Hardwicke, praised the Act as measures for "better securing the liberties of the people there". The Prime Minister Henry Pelham considered it the most important measure in dealing with Jacobitism in Scotland. 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). The last remnants of feudal tenure in Scotland were ended by
962-533: The office of High Steward of Scotland , which had been held by the family progenitor Walter fitz Alan ( c. 1150 ). The name Stewart and variations had become established as a family name by the time of his grandson Walter Stewart . The first monarch of the Stewart line was Robert II , whose male-line descendants were kings and queens in Scotland from 1371, and of England, Ireland and Great Britain from 1603, until 1714. Mary, Queen of Scots (r. 1542–1567),
999-686: The other, in the First Year of the Reign of His present Majesty, for repairing the Highways between The Bear Inn in Reading and Puntfield, in the County of Berks, and for amending other Roads in the last Act mentioned.}} House of Stuart The House of Stuart , originally spelled Stewart , was a royal house of Scotland , England , Ireland and later Great Britain . The family name comes from
1036-415: The power to protect or hurt them;' it was therefore imperative for ministers of a constitutional monarch to remove such powers from private ownership. In response, Argyll quoted Montesquieu in support of his argument that multiple jurisdictions were a check on the Crown and thus a defence of liberty. Since Argyll was one of the main beneficiaries, his intervention was simply to enable Hardwicke to highlight
1073-402: The principal members of the House of Stuart lived in exile in mainland Europe . The younger Charles returned to Britain to assume his three thrones in 1660 as " Charles II of England , Scotland and Ireland" - with the support of General Monck - but dated his reign from his father's death eleven years before. In feudal and dynastic terms, the Scottish reliance on French support was revived during
1110-583: The reign of Charles II , whose own mother was French. His sister Henrietta married into the French royal family. Charles II left no legitimate children, but his numerous illegitimate descendants included the Dukes of Buccleuch , the Dukes of Grafton , the Dukes of Saint Albans and the Dukes of Richmond . The Royal House of Stuart became extinct with the death of Cardinal Henry Benedict Stuart , brother of Charles Edward Stuart , in 1807. Duke Francis of Bavaria
1147-562: The rest being hereditary; their owners employed legal professionals known as Sheriff-substitutes or deputes, who earned their salary by taking a percentage of the fines imposed. The Act gave the Crown control over the appointment of Sheriffs, with the role of Justiciar transferred to the High Court of Justiciary . Since these were recognised as private property under Article XX of the 1707 Act of Union , their owners were compensated, although Jacobites were excluded. A total of £152,000
Heritable Jurisdictions (Scotland) Act 1746 - Misplaced Pages Continue
1184-504: The royal Stewart family, descended in a legitimate male line from Robert II of Scotland, is Andrew Richard Charles Stuart, 9th Earl Castle Stewart . The ancestral origins of the Stuart family are obscure—their probable ancestry is traced back to Alan FitzFlaad , a Breton who went to England not long after the Norman conquest . Alan had been the hereditary steward of the Bishop of Dol in
1221-521: The throne, many of her supporters in England fled also. It was then that Walter followed David up to the Kingdom of Scotland , where he was granted lands in Renfrewshire and the title for life of Lord High Steward. The next monarch of Scotland, Malcolm IV , made the High Steward title a hereditary arrangement. While High Stewards, the family were based at Dundonald, South Ayrshire , between
1258-485: The year before a particular act was passed. The sixth session of the 9th Parliament of Great Britain , which met from 18 November 1746 until 17 June 1747. This session was also traditionally cited as 20 G. 2 . {{|Berkshire Roads Act 1746|public|6|24-03-1747|archived=n|An Act to continue and make more effectual Two Acts of Parliament, one passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, and
1295-476: Was a personal union , as the three Kingdoms shared a monarch, but had separate governments, churches, and institutions. Indeed, the personal union did not prevent an armed conflict, known as the Bishops' Wars , breaking out between England and Scotland in 1639. This was to become part of the cycle of political and military conflict that marked the reign of Charles I of England , Scotland and Ireland, culminating in
1332-462: Was brought up in France where she adopted the French spelling of the name Stuart. In 1503, James IV married Margaret Tudor , thus linking the reigning royal houses of Scotland and England. Margaret's niece, Elizabeth I of England died without issue in 1603, and James IV's and Margaret's great-grandson James VI of Scotland acceded to the thrones of England and Ireland as James I in the Union of
1369-537: Was paid out in compensation, the two biggest payments being £38,000 to the Duke of Hamilton and £25,000 to the Duke of Argyll . Other recipients included Sir Andrew Agnew , hereditary sheriff of Wigtownshire , who received £4,000 in recognition of his support for the government in 1745. In speaking for the Bill, Lord Hardwicke argued Crown control over such rights was essential; since 'the people will follow those who have
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