Treason Act 1551

Last updated

Treason Act 1551 [1]
Act of Parliament
Coat of Arms of England (1509-1554).svg
Long title An Acte for the punyshment of diverse Treasons. [2]
Citation 5 & 6 Edw. 6. c. 11
Territorial extent  England and Wales
Dates
Royal assent 15 April 1552
Other legislation
Amended by
Repealed by Statute Law Revision Act 1948
Relates to Treasons Act 1534
Status: Repealed

The Treason Act 1551 (5 & 6 Edw. 6. c. 11) was an Act of the Parliament of England.

Contents

The Act was described as "purely procedural" by the House of Lords in R v Joyce, [3] but in fact extended the definition of high treason. It became treason to seize one of the King's forts and then not surrender it within six days of being ordered to. This form of treason had originally been enacted in the Treasons Act 1534 and then abolished by the Treason Act 1547. It was soon abolished again by the Treason Act 1553, but would be restored again by the Rebellion Act 1572 (this time without the 6 day deadline).

It was also made treason to say that the king was a heretic or usurper, in writing or (for the third offence only) in speech.

The Act re-enacted some existing procedural rules in prosecutions for treason and misprision of treason. However the Act amended procedure by stating that a person accused of committing treason only by "open preaching or words" must be prosecuted within three months of the offence, instead of the 30-day limit previously established by the Treason Act 1547.

The Act also prohibited the widow of a man convicted of treason from claiming her dower. [4]

Repeal

The new kinds of treason created by this act were abolished by the Treason Act 1553 (1 Mar. Sess. 1. c. 1). The act has since been repealed.

Sections 1 to 3 and 7 to 9 of the act were repealed on 28 July 1863 by section 1 of, and the schedule to, the Statute Law Revision Act 1863.

Section 11 of the act was repealed on 1 January 1926 by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925.

Section 20(3) of, and the fourth schedule to, the Administration of Justice (Miscellaneous Provisions) Act 1938 (1 & 2 Geo. 6. c. 63) made the following repeals on 1 January 1939: section 5; in section 4, the words from "and that all processes of outlawry" to the end; in section 6, the words "or process of outlawry".

Section 4 of the act was repealed on 15 June 1945 by section 2(1) of, and the schedule to, the Treason Act 1945.

The preamble and sections 6 and 10 of this act were repealed on 30 July 1948 by section 1 of, and the first schedule to, the Statute Law Revision Act 1948.

See also

Related Research Articles

<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">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 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.

<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">Treason Act 1708</span> United Kingdom legislation

The Treason Act 1708 is an act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707.

<span class="mw-page-title-main">Treason Act 1543</span> United Kingdom legislation

The Treason Act 1543 was an Act of the Parliament of England passed during the reign of King Henry VIII of England, which stated that acts of treason or misprision of treason that were committed outside the realm of England could be tried within England. Those convicted of high treason would have their estates confiscated by the King and then be hanged, drawn and quartered.

<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. cc. 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">Royal Assent by Commission Act 1541</span> Former UK law

The Royal Assent by Commission Act 1541 was an Act of the Parliament of England, passed in 1542, which attainted Queen Catherine Howard for adultery, thereby authorising her execution. It also provided that all of Queen Catherine's assets were to be forfeited to the Crown while also creating a new method in which royal assent could be granted to legislation.

<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">Statute of Praemunire</span> United Kingdom legislation

The Statute of Praemunire was an Act of the Parliament of England enacted in 1392, during the reign of Richard II. Its intention was to limit the powers of the papacy in England, by making it illegal to appeal an English court case to the pope if the king objected, or for anyone to act in a way that recognized papal authority over the authority of the king. In the 15th century it came to be read as including within its ban ecclesiastical courts inside England. The statute was later reaffirmed by the Statute in Restraint of Appeals in the reign of Henry VIII and was used to remove Thomas Wolsey from power. The word praemunire originally referred to the writ of summons issued against a person accused under this and similar statutes, and later came to mean offences against the statutes.

<span class="mw-page-title-main">Punishment of Offences Act 1837</span> United Kingdom legislation

The Punishment of Offences Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation for life.

<span class="mw-page-title-main">Maintenance and Embracery Act 1540</span> English legislation

The Maintenance and Embracery Act 1540 was an Act of the Parliament of England.

<span class="mw-page-title-main">Justices of the Peace Act 1547</span> United Kingdom legislation

The Justices of the Peace Act 1547 was an Act of the Parliament of England.

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

The Dissolution of Colleges Act 1547 was an Act of the Parliament of England.

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

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

<span class="mw-page-title-main">Act of Uniformity (Explanation) Act 1663</span> Former United Kingdom law of religion and the Church of England

The Act of Uniformity (Explanation) Act 1663 was an Act of the Parliament of England.

<span class="mw-page-title-main">Fires Prevention Act 1785</span> United Kingdom legislation

The Fires Prevention Act 1785 or the Fires Prevention (Metropolis) Act 1785 was an act of the Parliament of Great Britain.

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. DPP v. Joyce at para 355
  4. Section XIII