Knowledge (XXG)

Black Act 1723

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47: 353:. Other criminalised activities included fishing, the hunting of hares, the destruction of fish-ponds, the destruction of trees and the killing of cattle in those locations, the last of which also punishable by death. An offender could also be executed for setting fire to corn, hay, straw, wood, houses or barns or shooting another person. The same penalties applied to attempting to rescue anyone imprisoned under the Black Act or attempting to solicit other people to participate in crimes that violated it. In total, the Act introduced the death penalty for over 350 criminal acts. 324:
robbed the late Bishop of Winchester's Park, and have increased in their number ever since. They go by the name of the Waltham Blacks (tho few of them live there) which is a most loyal little town. ... I once saw two hundred and upwards of these Blacks in a body within half a mile of my house. They had been running brandy. There was 24 customs officers following them who they abused heartily and carried off their cargo. I am told there is no less than a thousand of them and indeed I believe they have now taken loyalty into their heads, and will I hope prove very useful.
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death penalty for over 350 criminal offences, including being found disguised in a forest and carrying a weapon; "no other single statute passed during the eighteenth century equalled in severity, and none appointed the punishment of death in so many cases". A criminal law reform campaign in the early 19th century caused it to be largely repealed on 8 July 1823, when a reform bill introduced by
168:, known as the Blacks from their habit of blacking their faces when they undertook the raids. The Act was expanded over the years and greatly strengthened the criminal code by specifying over 200 capital crimes, many with intensified punishment. Arson, for example, had its definition expanded to include the new crime of burning (or threatening to burn) haystacks. 275:"An Act for the more effectual punishing wicked and evil disposed Persons going armed in Disguise and doing Injuries and Violence to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice", to Parliament on 26 April 1723. It came into force on 27 May. 318:
had been discovered in August 1722. It quickly became known to the Dutch ambassador that Goring had requested the Waltham Blacks' support for a Jacobite rising. The ambassador wrote that the Blacks were originally a group of smugglers and that their Jacobite allegiance was the primary reason for the
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Modern scholars have differed in their view of whether the Blacks were Jacobites. Some argue that the links between the Blacks and the Jacobites were "fantasies" and that the Blacks were "simply a mixed group of foresters: labourers, yeomen and some gentry defending their customary rights". Others,
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Blacks". After the convictions, the poachers decided to attack the Bishop's property again, which demonstrated "a calculated programme of action, and a conscious social resentment" that distinguished them from normal poachers. In reprisal for the earlier arrests and sentences, they took 11 deer and
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collapse and the ensuing economic downturn. The Blacks quickly demonstrated both "a calculated programme of action, and a conscious social resentment", and their activities led to the introduction of the Black Act to Parliament on 26 April 1723. The Act came into force on 27 May and introduced the
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The legal rights of suspects and defendants under this Act were strictly limited. For example, suspects who did not surrender within 40 days could be summarily judged guilty and sentenced to execution, so that if they were apprehended at a later date they could be executed without delay. Villages
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I had settled an affair with five gentlemen of that country who were each of them to raise a regiment of dragoons well mounted and well armed which I knew they could easily do for the men had horses and homes of their own, and were, to say the truth most of them, the persons who some time since
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introduced a law reform bill that would have repealed the Act, but although it passed through the House of Commons, it was strongly opposed in the House of Lords. In 1823, he submitted a memo to the House of Commons, again to suggest the repeal of the Act, and a few months later,
366:. Four were sentenced to death for the killing of the gamekeeper's son, and were executed on 15 June 1723. Trials for the others continued into 1724, and seven more were captured and tried on 7 December. That marked the effective end of the Blacks as an organised group. 271:, with a series of increasingly-audacious raids in 1722 and 1723, including one in which a gamekeeper's son was killed. As a response to the apparent spread of purposeful and organized raids by groups of poachers, the government introduced the Black Act, 420:, introduced a bill to repeal most of the Black Act, while maintaining the parts that criminalised setting fire to houses and shooting a person. That repeal passed and came into effect on 8 July 1823. The Black Act was entirely repealed by the 286:
encouraged the spread of that idea to advance his own interests. The rationale for the Act has been described as "at least as much to do with the hysteria induced by Walpole ... as with any need for new powers to fight deer-stealing".
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An Act for the more effectual punishing wicked and evil disposed Persons going armed in Disguise and doing Injuries and Violence to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to
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and sentenced to a year and a day in prison. The poachers became known as the "Blacks", because of their practice of blackening their faces to prevent identification; most famously, a Hampshire group became known as the
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Three of the Blacks' leaders had already been captured during the passage of the Act although one later escaped, and a series of government raids captured a total of 32 Blacks who were tried after the Act's passage in
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that "no other single statute passed during the eighteenth century equalled in severity, and none appointed the punishment of death in so many cases". Efforts to repeal it started in 1810, with comments by
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William Blackstone. Commentaries on the Laws of England. A New Edition, adapted to the Present State of the Law, by Robert Malcolm Kerr. John Murray. Albemarle Street, London. 1857. Volume 4.
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to preside over any prosecutions; this forced the Hampshire Blacks underground. The Windsor Blacks then began their activities, copying the Hampshire group. Their main target was
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could be sentenced to death. Similarly, it was an offence to hunt, kill, wound or steal deer in those locations, with the first offence punishable by a fine and the second by
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claimed that the Act was "passed not in order to suppress legitimate protest but because organized gangs were destroying deer and planning a Jacobite rising".
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collapse, Britain suffered an economic downturn that led to heightened social tensions. A small element of the social unrest was the activity of two groups of
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killed many more, which led to a royal proclamation offering £100 (equivalent to £20,000 in 2023) for information that led to the arrest of the gang.
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however, have claimed that the Blacks were closely connected with Jacobitism and that the Black Act was designed to combat that political threat. Sir
1267: 238:. Three deer were carried off and two others killed. Four of the poachers were later caught, with two released for lack of evidence and the others 1116: 70: 399:
as part of a wider debate on penal reform. A formal recommendation for its repeal took almost a decade to appear, with the publication of the
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Mackenzie and Johnson (eds). The Law Relating to Municipal Corporations in England and Wales. Fourth Edition. Shaw and Sons. London. 1894.
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The Act dealt with any offender who was armed and with a blacked face, armed and otherwise disguised, merely blacked, merely disguised,
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in 1819 that marked the first "official" suggestion that the law be removed from the statute books. Following the publication of that
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James Fitzjames Stephens (ed). Roscoe's Digest of the Law of Evidence in Criminal Cases. Seventh Edition. 1868. Pages 83, 269, 273,
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respectively. The first flurry of activity came from the Hampshire group and began in October 1721 when 16 poachers assembled in
520:. Leon Radzinowicz. A History of English Criminal Law and Its Administration from 1750. The Macmillan Company. New York. 1948. 1027:
Radzinowicz, L. (1945). "The Waltham Black Act: A study of the legislative attitude towards crime in the eighteenth century".
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More raids followed, highlighting a "fairly direct class hatred", culminating in the raid of a shipment of wine ordered for
311: 1150: 295: 161: 51: 1189:(1977 with a new postscript, Harmondsworth: Penguin ed.). London: Breviary Stuff Publications (published 2013). 503:
Clive Emsley. Crime and Society in England: 1750-1900. Fourth Edition. Taylor & Francis. 2010. Routledge. 2013.
1141: 252: 334: 996: 370: 291: 1068: 991:
Broad, John (1988). "Whigs and deer-stealers in other guises: A return to the origins of the Black Act".
1277: 1029: 390: 346: 59: 350: 256: 235: 452:
The Statutes of the United Kingdom of Great Britain and Ireland, 7 & 8 George IV. 1827. pp 152,
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Joseph Chitty. A Treatise on the Game Laws and on Fisheries. First Edition. 1812. Volume 1. Pages
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Turner and Armitage. Cases on Criminal Law. Third Edition. Cambridge University Press. 1964.
164:. It was passed in 1723 in response to a series of raids against landowners by two groups of 1154: 1139:
Cruickshanks, Eveline; Erskine-Hill, Howard (1985). "The Waltham Black Act and Jacobitism".
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or "any other person or persons". Anyone in one of the above categories found in a forest,
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Cornish et al. The Oxford History of the Laws of England. Oxford University Press. 2003.
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Welsby and Beavan (eds). Chitty's Collection of Statutes. London. 1851. Volume 2. Pages
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Lowe v Inhabitants of the Hundred of Broxtowe (1832) 3 Barnewall & Adolphus 550 at
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The Act has been described as "severe and sanguinary", and L. Radzinowicz noted in the
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Eveline Cruickshanks and Howard Erskine-Hill, "The Waltham Black Act and Jacobitism",
191:, which imposed restrictions on exterior decoration, was also known as the Black Act. 1287: 1246: 1174: 1097: 1058: 244: 338: 572: 546:
Cornish et al. Law and Society in England 1750-1950. Second Edition. Hart. 2019.
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were punished if they failed to find, prosecute and convict alleged criminals.
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Albion's fatal tree: Crime and society in eighteenth century England
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to Introduction; Chitty's Statutes of Practical Utility, 6th Ed, 1911,
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passing of the Black Act. Goring wrote to the Pretender on 6 May 1723:
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This article is about the Black Act 1723. For the Black Act 1774, see
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As to the year of an Act, see Johnson, Privatised Law Reform, 2018,
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testified that Caryll held meetings at his inn with the former
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Rogers, Pat (1974). "The Waltham blacks and the Black Act".
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to 3. These sections are subject to a proviso in section 4.
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Britain in the Hanoverian Age, 1714-1837: An Encyclopedia
713: 711: 610: 608: 373:, newspapers reported that the Blacks had reappeared in 740: 738: 585:
A. J. Graham Cummings and Jack Fruchtman, ed. (1997).
298:'s health in the home of the latter's former nurse in 1219:to 522. Second Edition. Samuel Brooke. 1826. Pages 663:
Inspections and Reports on Dwellings: Assessing Age
294:was arrested by the government for drinking to the 115: 102: 97: 87: 82: 69: 58: 278:At the time, it was thought that the Blacks were 925:, "Letter VII To Thomas Pennant, Esquire", 1789. 886:(Cambridge University Press, 1993), pp. 116–117. 377:, where they had stolen deer and robbed parks. 321: 1187:Whigs and hunters: The origin of the Black Act 255:. That proved to be the final straw, with Sir 8: 1021:Jacobitism and the English People, 1688–1788 884:Jacobitism and the English People, 1688–1788 946: 934: 822: 810: 798: 786: 774: 648: 631: 259:, a "notorious hanging judge", sent to the 175:The Act originated in the aftermath of the 41: 1263:Repealed Great Britain Acts of Parliament 1273:Capital punishment in the United Kingdom 314:, who fled to France after the Jacobite 1117:Temple University Beasley School of Law 974:(1802) Peake's Additional Cases 206 at 445: 846: 834: 717: 702: 690: 614: 208:Lives of the Most Remarkable Criminals 1253:Great Britain Acts of Parliament 1723 744: 729: 7: 1105:Vann, Richard T. (1977). "Reviews". 867: 591:. Taylor & Francis. p. 58. 1023:(Cambridge University Press, 1993). 678:Architectural Design and Regulation 665:. Taylor & Francis. p. 83. 575:, title "Act of Parliament", p 28. 565:Parliament, Inventions and Patents 25: 1108:American Journal of Legal History 972:Adderly v Hundred of Offlow North 422:Criminal Statutes Repeal Act 1827 109:Criminal Statutes Repeal Act 1827 45: 1268:Hunting and shooting in England 923:The Natural History of Selborne 128:. c. 22, commonly known as the 1: 1237:, 276, 278, 366, 367 and 485. 899:24 no. 3 (1985), pp. 358–365. 1151:University of Chicago Press 162:Parliament of Great Britain 136:, and sometimes called the 52:Parliament of Great Britain 1304: 1211:. London: Allen Lane. 1142:Journal of British Studies 912:(Blackwell, 1992), p. 186. 897:Journal of British Studies 371:Jacobite rising of 1745–46 335:accessories after the fact 253:Frederick, Prince of Wales 210:1735 ed. Arthur L. Hayward 39:United Kingdom legislation 29: 1082:10.1017/S0018246X00005252 1043:10.1017/S0008197300122639 44: 1258:Legal history of England 680:. John Wiley & Sons. 234:to raid the park of the 997:Oxford University Press 958:4 Geo 4 c 54, sections 401:Report on Criminal Laws 1069:The Historical Journal 661:Santo, Philip (2013). 326: 211: 206:The Waltham Blacks in 146:Waltham Black Act 1722 1030:Cambridge Law Journal 1005:10.1093/past/119.1.56 676:Street, Emma (2011). 391:Cambridge Law Journal 205: 154:Criminal Law Act 1723 150:Criminal Law Act 1722 351:penal transportation 236:Bishop of Winchester 1019:Paul Kleber Monod, 300:Portsea, Portsmouth 222:that were based in 214:Following the 1720 27:British legislation 993:Past & Present 302:. An innkeeper of 261:Winchester Assizes 212: 1196:978-0-9570005-2-0 880:Paul Kleber Monod 203: 189:Building Act 1774 184:came into force. 134:Waltham Black Act 122: 121: 98:Other legislation 32:Building Act 1774 16:(Redirected from 1295: 1212: 1200: 1178: 1128: 1101: 1062: 1016: 978: 969: 963: 956: 950: 947:Radzinowicz 1945 944: 938: 937:, p. 78–79. 935:Radzinowicz 1945 932: 926: 919: 913: 906: 900: 893: 887: 877: 871: 865: 859: 856: 850: 844: 838: 832: 826: 823:Radzinowicz 1945 820: 814: 813:, p. 60-67. 811:Radzinowicz 1945 808: 802: 799:Radzinowicz 1945 796: 790: 787:Radzinowicz 1945 784: 778: 775:Radzinowicz 1945 772: 766: 763: 757: 754: 748: 742: 733: 727: 721: 715: 706: 700: 694: 688: 682: 681: 673: 667: 666: 658: 652: 649:Radzinowicz 1945 646: 635: 632:Radzinowicz 1945 629: 618: 612: 603: 602: 582: 576: 557: 551: 544: 538: 531: 525: 514: 508: 501: 495: 488: 482: 475: 469: 463: 457: 450: 409:James Mackintosh 216:South Sea Bubble 204: 177:South Sea Bubble 117:Status: Repealed 49: 48: 42: 21: 1303: 1302: 1298: 1297: 1296: 1294: 1293: 1292: 1243: 1242: 1205:Thompson, E. P. 1203: 1197: 1183:Thompson, E. P. 1181: 1138: 1135: 1133:Further reading 1104: 1065: 1026: 990: 987: 982: 981: 970: 966: 957: 953: 945: 941: 933: 929: 921:Gilbert White, 920: 916: 907: 903: 894: 890: 878: 874: 866: 862: 857: 853: 845: 841: 833: 829: 821: 817: 809: 805: 797: 793: 785: 781: 773: 769: 764: 760: 755: 751: 743: 736: 728: 724: 716: 709: 701: 697: 689: 685: 675: 674: 670: 660: 659: 655: 647: 638: 630: 621: 613: 606: 599: 584: 583: 579: 558: 554: 545: 541: 532: 528: 515: 511: 502: 498: 489: 485: 476: 472: 464: 460: 451: 447: 442: 430: 369:As late as the 359: 331: 290:In March 1723, 269:Earl of Cadogan 267:, owned by the 199: 197: 118: 54: 46: 40: 35: 28: 23: 22: 15: 12: 11: 5: 1301: 1299: 1291: 1290: 1285: 1280: 1275: 1270: 1265: 1260: 1255: 1245: 1244: 1239: 1238: 1231: 1224: 1213: 1207:, ed. (1975). 1201: 1195: 1179: 1159:10.1086/385839 1134: 1131: 1130: 1129: 1102: 1076:(3): 465–486. 1063: 1024: 1017: 986: 983: 980: 979: 964: 951: 939: 927: 914: 901: 888: 872: 870:, p. 180. 860: 858:Monod, p. 118. 851: 849:, p. 481. 839: 837:, p. 472. 827: 815: 803: 791: 779: 767: 765:Monod, p. 117. 758: 756:Monod, p. 116. 749: 734: 722: 720:, p. 471. 707: 705:, p. 470. 695: 693:, p. 467. 683: 668: 653: 636: 619: 617:, p. 468. 604: 597: 577: 552: 539: 526: 509: 496: 483: 470: 458: 444: 443: 441: 438: 437: 436: 429: 426: 418:Home Secretary 383:Geoffrey Elton 358: 355: 330: 327: 316:Atterbury Plot 284:Robert Walpole 265:Caversham Park 228:Windsor Forest 196: 193: 142:Black Act 1723 138:Black Act 1722 120: 119: 116: 113: 112: 106: 100: 99: 95: 94: 91: 85: 84: 80: 79: 73: 67: 66: 62: 56: 55: 50: 38: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 1300: 1289: 1286: 1284: 1281: 1279: 1276: 1274: 1271: 1269: 1266: 1264: 1261: 1259: 1256: 1254: 1251: 1250: 1248: 1241: 1236: 1232: 1229: 1225: 1222: 1218: 1214: 1210: 1206: 1202: 1198: 1192: 1188: 1184: 1180: 1176: 1172: 1168: 1164: 1160: 1156: 1152: 1148: 1144: 1143: 1137: 1136: 1132: 1126: 1122: 1118: 1114: 1110: 1109: 1103: 1099: 1095: 1091: 1087: 1083: 1079: 1075: 1071: 1070: 1064: 1060: 1056: 1052: 1048: 1044: 1040: 1036: 1032: 1031: 1025: 1022: 1018: 1014: 1010: 1006: 1002: 998: 994: 989: 988: 984: 977: 973: 968: 965: 961: 955: 952: 949:, p. 81. 948: 943: 940: 936: 931: 928: 924: 918: 915: 911: 908:G. R. Elton, 905: 902: 898: 892: 889: 885: 881: 876: 873: 869: 864: 861: 855: 852: 848: 843: 840: 836: 831: 828: 825:, p. 68. 824: 819: 816: 812: 807: 804: 801:, p. 59. 800: 795: 792: 789:, p. 58. 788: 783: 780: 777:, p. 57. 776: 771: 768: 762: 759: 753: 750: 747:, p. 71. 746: 741: 739: 735: 732:, p. 70. 731: 726: 723: 719: 714: 712: 708: 704: 699: 696: 692: 687: 684: 679: 672: 669: 664: 657: 654: 651:, p. 56. 650: 645: 643: 641: 637: 634:, p. 72. 633: 628: 626: 624: 620: 616: 611: 609: 605: 600: 598:9780815303961 594: 590: 589: 581: 578: 574: 570: 566: 562: 556: 553: 549: 543: 540: 536: 530: 527: 523: 519: 513: 510: 506: 500: 497: 494:. Page xlvii. 493: 487: 484: 480: 474: 471: 468: 462: 459: 455: 449: 446: 439: 435: 432: 431: 427: 425: 423: 419: 415: 410: 406: 402: 398: 397:William Grant 393: 392: 386: 384: 378: 376: 372: 367: 365: 356: 354: 352: 348: 344: 340: 336: 328: 325: 320: 317: 313: 309: 305: 301: 297: 296:Old Pretender 293: 292:Philip Caryll 288: 285: 281: 276: 274: 270: 266: 262: 258: 254: 249: 246: 241: 237: 233: 229: 225: 221: 217: 209: 194: 192: 190: 185: 183: 178: 173: 169: 167: 163: 159: 155: 151: 147: 143: 139: 135: 131: 127: 114: 110: 107: 105: 101: 96: 92: 90: 86: 81: 77: 74: 72: 68: 63: 61: 57: 53: 43: 37: 33: 19: 1278:Masks in law 1240: 1208: 1186: 1146: 1140: 1112: 1106: 1073: 1067: 1037:(1): 56–81. 1034: 1028: 1020: 992: 985:Bibliography 971: 967: 954: 942: 930: 922: 917: 909: 904: 896: 891: 883: 875: 863: 854: 842: 830: 818: 806: 794: 782: 770: 761: 752: 725: 698: 686: 677: 671: 662: 656: 587: 580: 564: 555: 542: 529: 512: 499: 486: 473: 461: 448: 404: 400: 389: 387: 379: 368: 360: 332: 322: 312:Henry Goring 289: 277: 257:Francis Page 250: 213: 207: 186: 174: 170: 153: 149: 145: 141: 137: 133: 129: 123: 89:Commencement 36: 1153:: 358–365. 910:The English 847:Rogers 1974 835:Rogers 1974 718:Rogers 1974 703:Rogers 1974 691:Rogers 1974 615:Rogers 1974 563:; Johnson, 524:. Page 799. 434:Bloody Code 414:Robert Peel 182:Robert Peel 104:Repealed by 93:27 May 1723 1247:Categories 745:Broad 1988 730:Broad 1988 440:References 347:Royal Park 282:, and Sir 195:Background 60:Long title 1283:Deception 1175:145634258 1167:0021-9371 1125:0002-9319 1098:159741413 1090:0018-246X 1059:144547451 1051:0008-1973 1013:1477-464X 999:: 56–72. 868:Vann 1977 492:Volume 13 456:& 165 375:Hampshire 357:Aftermath 280:Jacobites 240:pilloried 224:Hampshire 156:, was an 152:, or the 132:, or the 130:Black Act 18:Black Act 1185:(1975). 567:, 2018, 548:Page xli 522:Volume 4 505:Page 325 479:Page 286 428:See also 304:Horndean 273:formally 220:poachers 166:poachers 126:9 Geo. 1 124:The Act 76:9 Geo. 1 71:Citation 1230:to 564. 1223:to 521. 995:(119). 535:Page ix 364:Reading 310:MP Sir 245:Waltham 232:Farnham 160:of the 78:. c. 22 65:Justice 1193:  1173:  1165:  1123:  1096:  1088:  1057:  1049:  1011:  595:  569:note 1 416:, the 407:, Sir 405:Report 148:, the 144:, the 140:, the 1171:S2CID 1149:(3). 1115:(2). 1094:S2CID 1055:S2CID 573:vol 1 339:chase 111:, s 1 83:Dates 1288:Face 1191:ISBN 1163:ISSN 1121:ISSN 1086:ISSN 1047:ISSN 1009:ISSN 593:ISBN 561:p 31 518:p 58 343:down 308:Tory 226:and 187:The 1235:275 1228:561 1221:513 1217:514 1155:doi 1078:doi 1039:doi 1001:doi 976:208 467:560 454:156 345:or 329:Act 158:Act 1249:: 1169:. 1161:. 1147:24 1145:. 1119:. 1113:21 1111:. 1092:. 1084:. 1074:17 1072:. 1053:. 1045:. 1033:. 1007:. 882:, 737:^ 710:^ 639:^ 622:^ 607:^ 424:. 341:, 1199:. 1177:. 1157:: 1127:. 1100:. 1080:: 1061:. 1041:: 1035:9 1015:. 1003:: 960:1 601:. 550:. 537:. 507:. 481:. 243:" 34:. 20:)

Index

Black Act
Building Act 1774
Parliament of Great Britain
Long title
Citation
9 Geo. 1
Commencement
Repealed by
Criminal Statutes Repeal Act 1827
9 Geo. 1
Act
Parliament of Great Britain
poachers
South Sea Bubble
Robert Peel
Building Act 1774
South Sea Bubble
poachers
Hampshire
Windsor Forest
Farnham
Bishop of Winchester
pilloried
Waltham
Frederick, Prince of Wales
Francis Page
Winchester Assizes
Caversham Park
Earl of Cadogan
formally

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