Act of Parliament | |
Long title | An Act for punishing Mutiny, Desertion, and false Musters; and for better paying of the Army and Quarters, and for satisfying divers Arrears; and for a further Continuance of the Powers of the Five Commissioners for examining and determining the Accompts of the Army. |
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Citation | 2 & 3 Ann. c. 20 (Ruffhead c. 20) |
Dates | |
Royal assent | 3 April 1704 |
Other legislation | |
Repealed by | Statute Law Revision Act 1867 |
Status: Repealed |
The Mutiny Act 1703 (2 & 3 Ann. c. 20) was one of the Mutiny Acts passed by the Parliament of England. Although its main purpose was to provide for the punishment of mutiny in the English Army and Royal Navy and other provisions for regulating the armed forces, it differed from other Mutiny Acts by providing (in section 34) for a new species of treason, which was committed by any officer or soldier who corresponded with any rebel or enemy without a licence to do so from the queen or from a general, lieutenant-general or "chief commander." Section 43 expressly provided that a defendant charged with that offence was to have the benefit of the safeguards in the Treason Act 1695.
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
Mutiny is a revolt among a group of people to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, but it can also sometimes mean any type of rebellion against any force. Mutiny does not necessarily need to refer to a military force and can describe a political, economic, or power structure in which subordinates defy superiors.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
The Treachery Act 1940 was an Act of the Parliament of the United Kingdom effective during World War II to facilitate the prosecution and execution of enemy spies, suspended afterwards, and repealed in 1968 or 1973, territory depending. The law was passed on 23 May 1940, in the month after Nazi Germany invaded France and Winston Churchill became prime minister.
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.
The Treason Act 1351 is an Act of the Parliament of England wherethrough, according to William Blackstone, common law treason offences were enumerated and no new offences were, by statute, created. 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.
The Confiscation Act of 1862, or Second Confiscation Act, was a law passed by the United States Congress during the American Civil War. This statute was followed by the Emancipation Proclamation, which President Abraham Lincoln issued "in his joint capacity as President and Commander-in-Chief".
Treason Act or Treasons Act or Statute of Treasons is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences.
The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom and in Ireland, but is no longer punishable by death in either country.
Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King". This was subsequently interpreted by the courts to include imprisoning the king, on the ground that history had shown that when a king is held captive by a usurper, he often dies in captivity. Despite legislative efforts to restrict the scope of treason, judges and prosecutors in common law jurisdictions still succeeded in broadening the reach of the offence by "constructing" new treasons. It is the opinion of one legal historian that:
The word "constructive" is one of the law's most useful frauds. It implies substance where none exists. There can be constructive contracts, constructive trusts, constructive fraud, constructive intent, constructive possession, and constructive anything else the law chooses to baptize as such. "Constructive" in this sense means "treated as". ... Constructive treason wasn't "real" treason but a vaguely defined, less potent category of conduct that the court deciding the particular case felt should be "treated as" treason. It was the perfect instrument of oppression, being virtually whatever the authorities wanted it to be.
The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.
The Treasons Act 1649 or Act declaring what offences shall be adjudged Treason was passed on 17 July 1649 by the Rump Parliament during the Commonwealth of England. It superseded the Act declaring what offences shall be adjudged Treason passed about two months earlier on 14 May 1649.
The Coin Act 1696 was an Act of the Parliament of England which made it high treason to make or possess equipment useful for counterfeiting coins. Its title was "An Act for the better preventing the counterfeiting the current Coin of this Kingdom." It was extended to cover Scotland by the Treason Act 1708.
The Security of King and Government Act 1695 was an Act of the Parliament of England. Its long title was An act for the better security of his Majesty's royal person and government. It was passed in 1696 but backdated to the beginning of the parliamentary session.
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The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
The Correspondence with Enemies Act 1793 was an Act of the British Parliament passed at the beginning of the French Revolutionary Wars. France had declared war on Great Britain on 1 February; the Act was passed on 7 May to prohibit trade between the countries.
In the United States, there are both federal and state laws prohibiting treason. Treason is defined on the federal level in Article III, Section 3 of the United States Constitution as "only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." Most state constitutions include similar definitions of treason, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state, and requiring two witnesses or a confession in open court. Fewer than 30 people have ever been charged with treason under these laws.
The 1st Parliament of Queen Anne was summoned by Queen Anne of England on 2 July 1702 and assembled on 20 August 1702. Its composition was 298 Tories, 184 Whigs and 31 others, representing a large swing to the Tories since the previous election. Robert Harley, the member for Radnor, was re-elected Speaker of the House of Commons.