Treason Act 1351
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- Main article: High treason in the United Kingdom
The Treason Act 1351 is an Act of the Parliament of England (25 Edw. III St. 5 c. 2) which attempted to codify all existing forms of treason. No new offences were created by the statute.[1] It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.
This Act forms part of the law of New South Wales, Australia.
It was repealed for the Republic of Ireland[2] on 16 May 1983,[3] and for New Zealand[4] on 1 January 1962.[5]
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The Act distinguishes two varieties of treason: high treason and petty treason, the first being disloyalty to the Sovereign, and the second being disloyalty to a subject. The practical distinction was the consequence of being convicted: for a high treason, the penalty was death by hanging, drawing and quartering (for a man) or drawing and burning (for a woman), and the traitor's property would escheat to the Crown; in the case of a petty treason the penalty was drawing and hanging without quartering, or burning without drawing; and property escheated only to the traitor's immediate lord.
A person was guilty of high treason under the Act if they:
- "compassed or imagined" (i.e. planned) the death of the King, his wife or his eldest son and heir;
- violated the King's companion, the King's eldest daughter if she was unmarried or the wife of the King's eldest son and heir;
- levied war against the King in his Realm or adhered to the King's enemies in his Realm, giving them aid and comfort in his Realm or elsewhere;
- counterfeited the Great Seal or the Privy Seal (reduced to felony in 1861);
- counterfeited English coinage or imported counterfeit English coinage (reduced to felony in 1832);
- killed the Chancellor, Treasurer (this office is now in commission), one of the King's Justices (either of the King's Bench or the Common Pleas), a Justice in Eyre, an Assize judge, and "all other Justices," while they are performing their offices. (This did not include the barons of the Exchequer.[6])
The penalty for counterfeiting coins was the same as for petty treason.[7]
Under the Act petty treason was the murder of one's lawful superior: that is if a servant kills his master, a wife her husband or a clergyman his prelate. This offence was abolished in 1828.
The Act originally contained a curious feature (now repealed), in that it envisaged that further forms of treason would arise that would not be covered by the act, so it legislated for this possibility:
| “ | And because that many other like Cases of Treason may happen in Time to come, which a Man cannot think nor declare at this present Time; it is accorded, That if any other Case, supposed Treason, which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament, whether it ought to be judged Treason or other Felony. | ” |
[edit] The Act in Scotland
Following the union of England and Scotland by the Acts of Union 1707, Scotland continued to have its own treason laws until 1708, when an act of the British Parliament abolished Scottish treason law and extended English treason law to Scotland. The Treason Act 1708 also made it treason to counterfeit the Great Seal of Scotland, and to kill the Scottish Lords of Session and Lords of Justiciary (in addition to forging the British - formerly English - seal, and killing English judges). However while in England and Ireland forgery of the seal of Great Britain ceased to be treason in 1861, this change did not take place in Scotland until years later. Also, forging the Scottish seal is still treason in Scotland, but has not been treason in England or Ireland since 1861.
The 1351 Act still applies in Scotland today, and is a reserved matter which the Scottish Parliament has no power to modify.
[edit] See also
- Treason
- Treason Act
- Treason Act 1495 (special defence to treason)
- Treason Act 1695 (statute of limitations)
- Treason Act 1702 (further form of treason)
- Treason Act 1708 (further forms of treason)
- Treason Act 1814 (the penalty for treason)
- Treason Felony Act 1848 (still-existing offences which used to be treason)
[edit] References
- ^ The Rights of Persons, According to the Text of Blackstone: Incorporating the Alterations Down to the Present Time, Sir William Blackstone and James Stewart, 1839, p.77
- ^ The Statute Law Revision Act 1983, section 1 [1] and the Schedule [2]
- ^ The date of royal assent.
- ^ The Crimes Act 1961, section 412(1) and Schedule 4
- ^ The Crimes Act 1961, section 1(2)
- ^ Hawkins' Treatise of the Pleas of the Crown (1824) p. 19, section 47, (from Google Books).
- ^ Hale's History of Pleas of the Crown (1800 ed.) vol. 1, pages 219-220 (from Google Books).
[edit] External links
- Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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