Sedition Act 1661

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Sedition Act 1661 [1]
Act of Parliament
Coat of Arms of England (1660-1689).svg
Long title An Act for Safety and Preservation of His Majesties Person and Government against Treasonable and Seditious practices and attempts. [2]
Citation 13 Cha. 2 St. 1. c. 1
Dates
Royal assent 30 July 1661
Commencement 8 May 1661
Repealed21 July 1967
Other legislation
Repealed by Criminal Law Act 1967
Status: Repealed
Text of statute as originally enacted

The Sedition Act 1661 (13 Cha. 2 St. 1. c. 1) was an Act of the Parliament of England, although it was extended to Scotland in 1708. [3] Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 and the Treason Felony Act 1848. One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution.

Contents

Two witnesses rule

The most important feature of the Act was that it reintroduced a significant new rule of evidence in high treason trials, namely that nobody could be convicted of treason except by the evidence of "two lawful and credible witnesses upon oath ... brought in person before him or them face to face", or if he confessed "willingly without violence". (This rule had previously been enacted in section 22 of the Treason Act 1547, and again in section XI of the Treason Act 1554, which however differed from the other versions by only requiring the witnesses "if [they were] living and within the realm".) This clause of the 1661 Act, section 5, was replaced by the Treason Act 1695, which added that the two witnesses had to have witnessed the same offence (although not necessarily the same "overt act" of the offence). [4] The rule was inherited by the United States and was incorporated into the US Constitution in 1787, which added that both witnesses had to have witnessed the same overt act. [5] Section 5 of the 1661 Act was cited by US Supreme Court justice Antonin Scalia in his judgement in Crawford v. Washington , a case about the "Confrontation Clause" of the Sixth Amendment in 2004. [6]

The 1661 version of this rule only applied to the new forms of treason (and other offences) which were created by the 1661 Act (see § New offences below). The 1695 Act applied to all forms of high treason, except counterfeiting coins.

The rule was abolished in the United Kingdom by the Treason Act 1945, which made the rules of evidence and procedure in treason cases the same as in a murder trial. [7] During the passage of the Treason Bill through Parliament the Home Secretary, Sir Donald Somervell, said:

It is, presumably, based on the idea that one witness may be unreliable, whereas, on the other hand, if you allege two overt acts, and if you have one witness of each, then the two unreliabilities are taken as adding up to a sufficient certainty. It was very much criticised from the moment it was enacted. [8]

Sir William Blackstone wrote in his Commentaries on the Laws of England :

the principal reason, undoubtedly, is to secure the subject from being sacrificed to fictitious conspiracies, which have been the engines of profligate and crafty politicians in all ages. [9]

New offences

Treason

The Act created four new kinds of high treason, in addition to those already existing. The Act made it treason to:

within the realm, or without, compass, imagine, invent, devise or intend death or destruction or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of ... the King

or, within the realm or without, compass, imagine, invent, devise or intend:

These provisions were expressed only to have effect during the lifetime of the King, Charles II. However they were temporarily re-enacted, with two modifications, by the Treason Act 1795, [10] and then made permanent by the Treason Act 1817. In the 1795 version, "the realm" meant Great Britain (in 1848 the Act was extended to cover Ireland [11] ), and levying war against the King was only an offence under the Act if done in order to compel the King to change his policies or to "intimidate or overawe" Parliament. (However under the Treason Act 1351, which was not affected, levying war against the King was still treason, without these additional criteria.)

The difference between the Treason Act 1351 and the Acts of 1661 and 1795 was that while the 1351 Act required an actual levying of war, the later Acts also made it treason to "compass, imagine, invent, devise, or intend" a levying of war. [12]

The penalty for treason was death. However the last three treasons on the above list were reduced to felonies by the Treason Felony Act 1848, which made the maximum sentence life imprisonment. The 1848 Act is still in force (see Treason Felony Act 1848 for a fuller quote from the text). Imprisoning or otherwise harming the Sovereign continued to be high treason, punishable by death, until the 1795 Act was repealed by the Crime and Disorder Act 1998. However assaulting the Sovereign is still an offence under the Treason Act 1842, which carries a maximum sentence of seven years.

In some Commonwealth of Nations countries, such as Canada, [13] Australia [14] and New Zealand [15] it is still treason to imprison or harm the King.

Other offences

Besides treason, the 1661 Act created other offences designed to protect the national security. These offences required the evidence of two witnesses or a confession, and had to be prosecuted within six months of the offence being committed. The king had to personally authorise a prosecution.

Anyone who in speech or writing called the King a heretic or papist, or who incited "hatred or dislike of the Person of His Majestie or the established Government" was to be disqualified from holding any public, military or ecclesiastical office (but could keep his peerage). This measure was expressed only to last during the King's lifetime.

A permanent offence (until it was repealed) was committed by any person who claimed (in writing or in speech) that the Long Parliament had not been dissolved, or that anyone had a duty to obey an oath to change the government, or that Parliament could legislate without the king's assent.

Other provisions

The Act declared that the Solemn League and Covenant was null and void. It also preserved Parliament's privilege of free speech, and the right of a peer to be tried in the House of Lords.

A peer who was convicted of any offence under the Act was to be disqualified from sitting in the House of Lords, unless pardoned (although he would keep his title).

Repeal

Sections 1 and 2 were repealed on 28 January 1863 by section 1 of, and the Schedule to, the Statute Law Revision Act 1863.

There were some other repeals over the years, and then the whole Act, so far as unrepealed, was repealed by the Criminal Law Act 1967.

See also

Related Research Articles

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In English history, the penal laws were a series of laws that sought to uphold the establishment and State decreed religious monopoly of the Church of England against illegal and underground Catholics and Protestant nonconformists by imposing various forfeitures, civil penalties, and civil disabilities upon recusants from mandatory attendance at weekly Anglican Sunday services. The penal laws in general were repealed in the early 19th century during the process of Catholic Emancipation. Penal actions are civil in nature and were not English common law.

Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

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<span class="mw-page-title-main">Treachery Act 1940</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Treason Act 1351</span> United Kingdom legislation

The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. 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.

<span class="mw-page-title-main">Treason Felony Act 1848</span> United Kingdom legislation

The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force. It is a law which protects the King and the Crown.

<span class="mw-page-title-main">Treason Act 1695</span> English and British legislation

The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today.

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.

<span class="mw-page-title-main">Treason Act 1795</span> Great Britain legislation

The Treason Act 1795 was one of the Two Acts introduced by the British government in the wake of the stoning of King George III on his way to open Parliament in 1795, the other being the Seditious Meetings Act 1795. The Act made it high treason to "within the realm or without compass, imagine, invent, devise or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint, of the person of ... the King". This was derived from the Sedition Act 1661, which had expired. The 1795 Act was originally a temporary Act which was to expire when George III died, but it was made permanent by the Treason Act 1817.

<span class="mw-page-title-main">Criminal Law Act 1967</span> United Kingdom legislation

The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.

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.

<span class="mw-page-title-main">Offences Against the Person Act 1828</span> United Kingdom legislation

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<span class="mw-page-title-main">Treason Act 1817</span> United Kingdom legislation

The Treason Act 1817 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It made it high treason to assassinate the Prince Regent. It also made permanent the Treason Act 1795, which had been due to expire on the death of George III.

<span class="mw-page-title-main">Treason Act 1553</span> United Kingdom legislation

The Treason Act 1553 was an Act of the Parliament of England.

<span class="mw-page-title-main">Treason Act 1554</span> United Kingdom legislation

The Treason Act 1554 was an Act of the Parliament of England. It is not to be confused with two other Acts about treason passed in the same year, 1 & 2 Ph & M c 9 and 11.

<span class="mw-page-title-main">Treason (Ireland) Act 1821</span> United Kingdom legislation

The Treason (Ireland) Act 1821 is an Act of the Parliament of the United Kingdom. It extended most of the English Treason Act 1695 to Ireland. Previously the 1695 Act only applied to England and Scotland.

<span class="mw-page-title-main">Treason Act 1547</span> United Kingdom legislation

The Treason Act 1547 was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United States Constitution.

<span class="mw-page-title-main">Treason Act 1397</span> United Kingdom legislation

The Treason Act 1397 was an Act of the Parliament of England. It was supplemented by six other Acts. The seven Acts together dealt with high treason.

The Treason Act 1939 is an Act of the Oireachtas (Parliament) of the Republic of Ireland. It provides for the punishment of treason and related offences.

References

  1. The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. 7 Ann. c. 21
  4. Sections 2 and 4.
  5. Article III, section 3
  6. Crawford v. Washington, 541 U.S. 36 (2004), .pdf file, page 10
  7. 9 Geo. VI c. 44
  8. Hansard, 11 June 1945
  9. Book 4, Chapter 27
  10. 36 Geo. 3 c. 7
  11. Treason Felony Act 1848, section 2 (repealed)
  12. The Law Commission (1977). Treason, Sedition and Allied Offences (Working Paper No.72), page 12, footnote 39.BAILII (.pdf file)
  13. Canadian Criminal Code, section 46
  14. Australian Criminal Code Archived 2007-09-27 at the Wayback Machine
  15. Crimes Act 1961, section 73