Topic summary

Heritable Jurisdictions (Scotland) Act 1746

Heritable Jurisdictions (Scotland) Act 1746

The Heritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) or the Sheriffs Act 1747 is an act of the Parliament of Great Britain 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. As of 2025, the act is partly in force in Scotland.

The act was one of a number of measures taken after the defeat of the 1745 rising to weaken the traditional rights held by clan chiefs, including the Act of Proscription 1746 (19 Geo. 2. c. 39). There had been 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.

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. George II praised the act as measures for "better securing the liberties of the people there". The Prime MinisterHenry Pelham considered it the most important measure in dealing with Jacobitism in Scotland.