Catching the Past - Arrested without Rights

Did you know that Jane Austen could have legally been arrested when she was 18? In fact, her whole family could have been, and if you really want to be picky, nobody in the UK was safe that summer.

After the senseless September Massacres in France in 1792, England panicked. Especially those who had once supported France (which was a lot of England).

Those in political power really felt the pressure, and in an effort to stamp out French support among the gentry and nobility, something big needed to happen because usually that class was untouchable. So, the government suspended Habeas Corpus in May 1794.

The suspension of Habeas Corpus meant, you had no right to defend yourself in a court of law and could not be put on bail until Feb. 1 the following year, according to the Act. That was further extended to July 1795.

Technically, it was only supposed to be for high treason, sedition or conspiracy of such, but it included just the suspicion of such activities. Meaning, they didn't even need proper evidence. Suspicion alone became enough of a cause to throw someone in gaol.

Plus, the wording of the Act included "detestable conspiracy" that subverted exiting laws. Now, that's rather broad language.

It also said that on top of the other reasons, as long as you had a warrant signed by the Secretary of State, this Act applied.

Who's to say that some people didn't use these possible loopholes to their own purposes? I certainly did in my story!

In fact, the opposition to the Act were so worried about it being used against them that's why they voted against it. Unfortunately for them, they did not get their way.

The actual suspension did not last very long and was lifted sometime in June 1794. However, anyone who had been arrested during the suspension period continued under the law that they could not be released or given bail until the next year.

Pretty scary times, huh? Although, that titbit helped a plot hole in my story, A Heart to Treasure, so I was rather happy when I found out. I have a feeling most people in England didn’t share my joy when they first heard the news!

One thing to note is that, while fear ran rampant in the streets of Town, one could easily forget England was even at war in the country (minus the starving poor but not all the gentry cared about that). So, it's unlikely this Act caused too much concern in the country, unless of course you happened to have someone arrested in your neighbourhood.

How do you think most people responded to the news? Do you think they assumed it wouldn't apply to them?

Or maybe they feared the army of spies the prime minister encouraged to go around dobbing people in. How would you have reacted to the news?