The Black Act and the Rule of Law in Early 18th Century Britain

Key Insight

In 1722, Windsor Castle forest keeper Baptist Nunn faced violent threats from 'Blacks'—local men with blackened faces, engaged in illegal hunting and destruction across southern England. This was not mere lawlessness but a response to perceived exploitation by the Whig party, which dominated Parliament from 1714 to 1760 following the Glorious Revolution of 1688. The pluralistic nature of Parliament, representing diverse interests like merchants, industrialists, and gentry, meant no single group could impose its will unilaterally. However, Whigs were tempted to abuse their power, similar to the Stuart kings they had overthrown, leading to public discontent among those without formal parliamentary representation.

An example of this encroachment was William Cadogan, a general ennobled in 1716, who acquired 1000 acres at Caversham, building a 240-acre deer park. He evicted people and abrogated traditional rights to graze animals, collect peat, and firewood, leading to his park being raided by armed Blacks on January 1, 1722, resulting in sixteen deer killed. Similarly, Sir Robert Walpole, a powerful Prime Minister, closed Richmond Park, built a wall, and installed man traps, further igniting local animosity. In response, the Whig government passed the Black Act in May 1723, creating an extraordinary 50 new offenses, including having a blackened face or carrying weapons, all punishable by hanging.

Despite the Act, the emerging rule of law proved influential. In November 1724, John Huntridge, accused of aiding deer stealers and Blacks, was acquitted by a jury of major landowners and gentry, despite Walpole's direct involvement in the prosecution. This verdict, partly due to procedural irregularities, demonstrated that even powerful elites had to abide by legal principles and that laws could not be applied arbitrarily, a stark contrast to the absolutist practices of the 17th-century Court of Star Chamber. While many other 'Blacks' were hanged or transported, Huntridge's case underscored that the Glorious Revolution had established a stronger rule of law, constraining elites more than they anticipated.