Black Act 1723 facts for kids
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| Long title | 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 |
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| Citation | 9 Geo. 1. c. 22 |
Quick facts for kids Dates |
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| Commencement | 27 May 1723 |
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| Repealed by | Criminal Statutes Repeal Act 1827, s 1 |
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Status: Repealed
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The Black Act was a very strict law passed in 1723 by the Parliament of Great Britain. It was also known as the Waltham Black Act. This law was created because of groups of poachers who raided land owned by wealthy people. These poachers were called "the Blacks" because they blackened their faces to hide their identities during their raids.
The Black Act made the laws much tougher. It listed over 350 crimes that could be punished by death. For example, if you were found disguised in a forest with a weapon, you could face the death penalty. Even threatening to burn a haystack became a serious crime.
People suspected of breaking this law had very few rights. If a suspect didn't turn themselves in within 40 days, they could be declared guilty without a trial. This meant they could be executed right away if caught later. Whole villages could also be punished if they failed to find and bring criminals to justice.
The Black Act was eventually mostly cancelled in 1823. This happened after a campaign to reform criminal laws. Another law, the Building Act 1774, was also sometimes called the Black Act, but it was about building rules, not crimes.
Why the Black Act Was Created
Trouble After the South Sea Bubble
In 1720, Britain faced money problems after something called the South Sea Bubble collapsed. This caused a lot of economic trouble and made people very unhappy. During this time, two groups of poachers became very active. They were based in Hampshire and Windsor Forest.
The "Blacks" Emerge
The first group of poachers started in Hampshire in October 1721. Sixteen poachers raided the park of the Bishop of Winchester, stealing and killing deer. Four of them were caught. Two were released, but two were put in a pillory and sent to prison for over a year.
These poachers were called "the Blacks" because they blackened their faces. This helped them avoid being identified. A famous group from Hampshire became known as the "Waltham Blacks."
Revenge and More Raids
After their friends were caught, the Waltham Blacks decided to get revenge. They attacked the Bishop's property again, taking 11 deer and killing many more. This showed they were not just ordinary poachers; they were organized and angry. The King offered a reward of £100 (equivalent to £14,000 in 2021) for information leading to their arrest.
More raids followed, showing a clear anger towards the wealthy landowners. One raid even targeted a shipment of wine meant for Frederick, Prince of Wales. This was the final straw for the government. A strict judge, Sir Francis Page, was sent to deal with the cases. This forced the Hampshire Blacks to go into hiding.
The Windsor Blacks and the New Law
Then, the Windsor Blacks started their own raids, copying the Hampshire group. They often targeted Caversham Park, owned by the Earl of Cadogan. Their raids became bolder, and in one, a gamekeeper's son was killed.
Because these poaching groups seemed so organized and determined, the government decided to act. On April 26, 1723, they introduced the Black Act to Parliament. The law officially began on May 27, 1723.
Political Reasons for the Act
At the time, some people thought the Blacks were secretly supporting the Jacobites. The Jacobites wanted to bring back the old royal family to the throne. Sir Robert Walpole, a powerful politician, encouraged this idea. He used it to gain more power for himself.
Some historians believe the Act was passed not just to stop deer stealing, but also because of the fear of a Jacobite uprising. For example, in March 1723, a man named Philip Caryll was arrested for supporting the Old Pretender (the Jacobite claimant to the throne). It was discovered that a former politician, Sir Henry Goring, who had fled to France, had asked the Waltham Blacks for their help in a Jacobite rebellion.
Goring wrote a letter saying he had arranged for five gentlemen to raise regiments of soldiers. He claimed these men were mostly the Waltham Blacks. He said they had horses and homes and were very loyal. He believed there were over a thousand of them and that they would be "very useful."
What the Act Said
The Black Act was very harsh. It targeted anyone who was armed and had a blackened face, or was disguised in any way. If you were found in a forest, park, or certain other lands while disguised, you could be sentenced to death.
It was also a crime to hunt, kill, or steal deer in these areas. The first time you did this, you would get a fine. The second time, you could be sent away to a colony (penal transportation).
Other activities that became crimes punishable by death included:
- Fishing illegally.
- Hunting hares.
- Destroying fish-ponds.
- Cutting down trees.
- Killing cattle in those areas.
- Setting fire to crops, hay, wood, houses, or barns.
- Shooting another person.
Trying to help someone arrested under the Black Act, or trying to get others to commit these crimes, also carried the same severe penalties. In total, the Act made over 350 different actions punishable by death.
What Happened After the Act
The End of the Blacks
Even before the Black Act became law, three of the Blacks' leaders were caught, though one later escaped. After the Act was passed, the government raided their hideouts and captured 32 more Blacks. They were put on trial in Reading.
Four of them were sentenced to death for killing the gamekeeper's son. They were executed on June 15, 1723. Trials continued into 1724, and seven more were caught and tried in December. This marked the end of the Blacks as an organized group.
Later Sightings and Debates
As late as the Jacobite rising of 1745–46, newspapers reported that the Blacks had reappeared in Hampshire. They were said to be stealing deer and robbing parks again.
Today, historians still debate whether the Blacks were truly Jacobites. Some say the links were just "fantasies" and that the Blacks were simply foresters defending their traditional rights. Others believe the Blacks were indeed connected to the Jacobite movement and that the Act was meant to stop this political threat. Sir Geoffrey Elton, a famous historian, thought the Act was passed to stop organized gangs who were destroying deer and planning a Jacobite uprising.
Repealing the Black Act
The Black Act was known for being "severe and sanguinary," meaning very harsh and bloody. One expert noted that "no other single statute passed during the eighteenth century equalled [the Black Act] in severity."
Efforts to change or remove the Act began in 1810. A formal recommendation to repeal it came in 1819. Sir James Mackintosh tried to pass a law to repeal the Act, but it was stopped in the House of Lords.
In 1823, Robert Peel, who was the Home Secretary, introduced a new bill. This bill repealed most of the Black Act, but kept the parts that made setting fire to houses and shooting people crimes. This repeal passed and became law on July 8, 1823. The Black Act was completely repealed by the Criminal Statutes Repeal Act 1827.
See also
