Act of Parliament | |
Long title | An Acte wherby certayne Offences bee made Treasons; and also for the Government of the Kinges and Quenes Majesties Issue. |
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Citation | 1 & 2 Ph. & M. c. 10 |
Territorial extent | |
Dates | |
Royal assent | 16 January 1555 |
Repealed | 30 July 1948 |
Other legislation | |
Amended by | |
Repealed by | |
Relates to | |
Status: Repealed | |
Text of statute as originally enacted |
The Treason Act 1554 (1 & 2 Ph. & M. c. 10) was an Act of the Parliament of England. [1] 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 (summarised below).
The long title was "An Acte wherby certayne Offences bee made Treasons; and also for the Government of the Kinges and Quenes Majesties Issue." [2] The words in the long title of the Act from "and also" were repealed on 30 July 1948 by the Statute Law Revision Act 1948. [3]
The Act provided legal protection to King Philip, who had married Queen Mary I on 25 July 1554 and became co-monarch of England and Ireland. It became an offence to "compass or imagine to deprive the King's Majesty from the having with the Queen the style, honour and kingly name, or to destroy the King, or to levy war within this realm against the King or Queen," or to say that the King ought not to have his title. The penalty for a first offence was forfeiture of goods and "perpetual imprisonment". A second offence was high treason. However to "compass or imagine the death of the King" or to remove him from government was high treason on a first offence.
The Act also declared that if Mary died and her heir was not yet 18 if male, or was under 15 and unmarried if female, then Philip would govern the realm until the heir to the throne came of age (or was married, if female). In that event, it would be treason to "compass, attempt, and go about to destroy the person of the King, or to remove his Highness from the government".
Section 7 required trials for "any treason" (not just treason under this Act) to be conducted in accordance with the common law, "and not otherwise".
Section 8 provided that the concealment or keeping secret of treason constituted misprision of treason but not treason:
Provided always, and be it declared and enacted by the authority aforesaid, that concealment or keeping secret of any high treason be deemed and taken only misprision of treason, and the offenders therein to forfeit and suffer, as in cases of misprision of treason hath heretofore been used; any thing above mentioned to the contrary notwithstanding.
Section 9 preserved privilege of peerage — the right of peers of the realm to be tried by their peers. Section 10 stipulated that offences against the Act which were committed "only by preaching or words" must be prosecuted within six months.
Section 11 created a new rule of evidence for cases of treason under this Act (but not other treasons). It required all of the witnesses against the defendant (or at least two of them) to attend court to give evidence against him in person, "if living and within the realm". (The rule did not apply if the defendant pleaded guilty.) Different versions of this two witnesses rule were adopted in the Sedition Act 1661, the Treason Act 1695, and eventually in Article Three of the United States Constitution. The rule was first enacted in the Treason Act 1547. [4]
Section 12 made similar provision to section 7.
Section 13 provided the rule for how accessories were to be treated for aiding and abetting a crime for which the penalty depended on whether it was the defendant's first or second offence. An accessory was to receive the same penalty as the principal offender, regardless of whether the accessory had committed the offence before.
The Act, except sections 6 and 8, was repealed on 28 July 1863 by the Statute Law Revision Act 1863. [5]
The whole Act was repealed by the Criminal Law Act 1967. [6]
Treason Act 1556 | |
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Act of Parliament | |
Long title | An Act whereby certein Offences be made Treasons; and also for the Government of the King and Queen's Majestie's Issue. |
Citation | 3 & 4 Phil. & Mar. c. 11 (I) |
The act was adopted by the Parliament of Ireland as the Treason Act 1556 (3 & 4 Phil. & Mar. c. 11 (I)). [7]
Traitorous Words Act 1554 | |
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Act of Parliament | |
Long title | An Act for the Punishment of Traiterous Words against the Queen. |
Citation | 1 & 2 Ph. & M. c. 9 |
Dates | |
Royal assent | 16 January 1555 |
Repealed | 10 August 1872 |
Other legislation | |
Repealed by | Statute Law Revision Act 1863 |
Status: Repealed |
Counterfeit Coin Act 1554 | |
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Act of Parliament | |
Long title | An Act for the Punishment of bringing in of counterfeit Coin of Foreign Realms, being current within this Realm. |
Citation | 1 & 2 Ph. & M. c. 11 |
Dates | |
Royal assent | 16 January 1555 |
Repealed | 1 May 1832 |
Other legislation | |
Repealed by | Coinage Offences Act 1832 |
Status: Repealed |
Two other Acts concerning treason were passed in 1554: 1 & 2 Ph. & M. c. 9 and 1 & 2 Ph. & M. c. 11. The former made it treason to "pray or desire that God will shorten the Queen's days". [8] The latter made it treason to import counterfeit coins and returned the rules of evidence to what they had been before the Treason Act 1547. [9]
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.
A nail, as a unit of cloth measurement, is generally a sixteenth of a yard or 21⁄4 inches (5.715 cm). The nail was apparently named after the practice of hammering brass nails into the counter at shops where cloth was sold. On the other hand, R D Connor, in The weights and measures of England states that the nail was the 16th part of a Roman foot, i.e., digitus or finger, although he provides no reference to support this. Zupko's A dictionary of weights and measures for the British Isles states that the nail was originally the distance from the thumbnail to the joint at the base of the thumb, or alternately, from the end of the middle finger to the second joint.
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.
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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.
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The Poisoning Act 1530 was an Act of the Parliament of England. Its long title was "An Act for Poisoning." It made it high treason to murder someone with poison, and instead of the usual punishment for treason it imposed death by boiling.
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The Treason (Ireland) Act 1854 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It extended part of the Treason Act 1708 to Ireland, specifically the rules about giving the defendant advance notice of the witnesses and jurors in his case. It was repealed as regards Northern Ireland by the Treason Act 1945, which abolished the unique procedural rules which applied in treason cases. As of 16 January 2020 it remains in force in the Republic of Ireland.