Treason Act (Ireland) 1537

Last updated

Treason Act (Ireland) 1537
Act of Parliament
Coat of arms of the Lordship of Ireland.svg
Long title An Act of Slander.
Citation 28 Hen. 8. c. 7 (I)
(or 28 & 29 Hen. 8. c. 8 (I))
Territorial extent  Lordship of Ireland (originally)
Northern Ireland (today)
Dates
Commencement 1537
Repealed1962 (Republic of Ireland)
Other legislation
Repealed by Statute Law Revision (Pre-Union Irish Statutes) Act 1962 (Republic of Ireland)
Status
Republic of IrelandRepealed
Northern IrelandAmended

The Treason Act (Ireland) 1537 (28 Hen. 8. c. 7 (I), long title An Act of Slander ) is an Act of the former Parliament of Ireland which adds several offences to the law of treason in Ireland. It was repealed in the Republic of Ireland in 1962 (but was obsolete well before then).

Contents

The Act makes the following conduct treason:

The penalty for treason was death until 1998 when it was reduced to imprisonment for life or a lesser term. During the debate on the abolition of the death penalty, the 7th Earl of Onslow said:

My Lords, this is the most glorious piece of information one could possibly come across. It has been worth waiting 30 years in your Lordships' House to know that slandering the sovereign in Ireland is still a hanging offence. [1]

Text

Section I of the Act reads as follows:

... if any person or persons, after the first day of February next coming, doe maliciously wish, will, or desire, by words, or writing, or by craft, imagin, invent, practise, or attempt, any bodily harm to be done or committed to the King's most royal person, the Queen, or their heyres apparent, or to deprive them, or any of them, of the dignitie, title, or name of their royal estates, or slanderously and maliciously publish and pronounce by express writing, or words, that the King our soveraign lord should be heretick, schismatick, tyrant, infidell, or usurper of the crown, or rebelliously doth detain, keep, or withhold from our said soveraign Lord, his heyres or successors, any of his fortresses, fortilesses or holds, within this realm, or any other the King's dominions or marches, or rebelliously detain, keep, or withhold from the King's said Highness, his heyres or successors, any of his or their ships, ordinances, artillery, or other munitions of fortifications of war, and doe not humbly render and give up to our said soveraign Lord, his heyres or successors, or to such persons as shall be deputed by them, such castles, fortresses, fortilesses, holds, ships, ordnances, artillery, and other munitions and fortifications of war rebelliously kept, or detayned, within six dayes next after they shall be commanded, by our said soveregn Lord, his heyres and successors, by open proclamations under the great seale: that then every such person and persons so offending in any of the premisses, after the said first day of February, their aydors, counsaylors, consentors, and abbettors, being thereof lawfully convicted, according to the laws and customes of this realm, shall be adjudged traditours; and that every such offence in any of the premisses that shall be committed or done after the said first day of February, shall be reputed, accepted, and adjudged high treason, and the offenders therein, and their aydors, consentors, counsailors, and abbettors, being lawfully convict of any such offence as is aforesaid, shall [be liable to imprisonment for life and to such] [lower-alpha 1] other penalties, as is limited and accustomed in cases of high treason.

  1. The words in square brackets were substituted by the Crime and Disorder Act 1998. The text originally read "...shall [have and suffer such pains of death and] other penalties..."

See also

Related Research Articles

<span class="mw-page-title-main">Treason</span> Crime of betraying ones country

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.

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

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.

<span class="mw-page-title-main">Ecclesiastical Appeals Act 1532</span> United Kingdom legislation

The Ecclesiastical Appeals Act 1532, also called the Statute in Restraint of Appeals, the Act of Appeals and the Act of Restraints in Appeals, was an Act of the Parliament of England.

<span class="mw-page-title-main">Succession to the British throne</span> Law governing who can become British monarch

Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.

Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".

<span class="mw-page-title-main">Treasons Act 1534</span> United Kingdom legislation

The Treasons Act 1534 or High Treason Act 1534 was an Act of the Parliament of England passed in 1534, during the reign of King Henry VIII.

<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 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.

<span class="mw-page-title-main">Oath of Allegiance (United Kingdom)</span> Promise to be loyal to the British monarch

The Oath of Allegiance is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

<span class="mw-page-title-main">Act of Uniformity 1548</span> United Kingdom law of religion

The Act of Uniformity 1548, the Act of Uniformity 1549, the Uniformity Act 1548, or the Act of Equality was an Act of the Parliament of England, passed on 21 January 1549.

<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 1702</span> United Kingdom legislation

The Treason Act 1702 is an Act of the Parliament of England, passed to enforce the line of succession to the English throne, previously established by the Bill of Rights 1689 and the Act of Settlement 1701.

<span class="mw-page-title-main">Sedition Act 1661</span> Mostly superseded United Kingdom Law

The Sedition Act 1661 was an Act of the Parliament of England, although it was extended to Scotland in 1708. 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.

<span class="mw-page-title-main">Malicious Damage Act 1861</span> United Kingdom legislation

The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827, incorporating subsequent statutes.

<span class="mw-page-title-main">See of Rome Act 1536</span> United Kingdom legislation

An Act extinguishing the authority of the bishop of Rome was an Act of Parliament passed by the Parliament of England in 1536. It consisted mostly of a violent attack on the authority of the Pope and his followers, and declared that those who committed the following offences would be liable for prosecution under the Statute of Praemunire 1392:

<span class="mw-page-title-main">Rebellion Act 1572</span> United Kingdom legislation

The Rebellion Act 1572, full title An Act for the punishment of such as shall rebelliously take or detain or conspire to take or detain from the Queen's Majesty any of her castles, towers, fortresses, holds, &c., was an Act of Parliament of the Parliament of England enacted during the reign of Elizabeth I. It provided that if any person was convicted of conspiring to seize or destroy any castle or fortification held or garrisoned by the Queen's forces, then they and any associates were to be judged felons and suffer the death penalty without benefit of clergy or sanctuary. If any person was to prevent the use of any royal castle or ordnance by the crown, destroy any of the Queen's ships, or prevent the use of a harbour within the realm, then they were to be considered guilty of high treason and sentenced accordingly. The Act remained in force until the death of Elizabeth in 1603, when it expired, and was formally repealed by the Statute Law Revision Act 1863.

<span class="mw-page-title-main">Incitement to Mutiny Act 1797</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Libel Act 1843</span> United Kingdom legislation

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel.

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.

<span class="mw-page-title-main">House of Lords Precedence Act 1539</span> English legislation

The House of Lords Precedence Act 1539 is an Act of the Parliament of England. It prescribed the order of precedence of members of the House of Lords. However, some of it has since been superseded or repealed, and so for the full order of precedence today other sources should also be consulted.

References

Sources

Primary

Citations