Treason Act 1541

Last updated

Treason Act 1541
Act of Parliament
Coat of Arms of Henry VIII of England (1509-1547).svg
Long title An Act for due Process to be had in High Treasons, in Cases of Lunacy or Madness.
Citation 33 Hen. 8. c. 20
Dates
Royal assent 1 April 1542
Repealed30 July 1948
Other legislation
Repealed by Statute Law Revision Act 1948
Status: Repealed

The Treason Act 1541 or the Consequences of Attainer for Treason Act 1541 (33 Hen. 8. c. 20) was an Act of the Parliament of England passed in 1542 (acts of Parliament were backdated to the year in which the session of Parliament had begun, rather than the year in which the Act was actually passed). It provided for the trial and punishment of lunatics for high treason. The reason given for passing the Act was given by the Act itself, which stated "it is a thing almost impossible certainly to judge" whether a defendant's madness was real or feigned.

Contents

Provisions of the act

Section I of the Act provided for the trial of a person who committed treason "when they were in good, whole and perfect memory, and after their accusation, examination and confession thereof before any [of] the King's majesty's council, shall happen to fall to madness or lunacy". If it appeared to at least four of the council that the defendant was sane at the time of their offence and at their "accusation, examination and confession," then a commission was to investigate the treason, swear in a jury, and try the defendant in his absence in the same manner as they would if he were sane and present. The section specifically provided that evidence would be admissible for the defence as well as for the prosecution. If convicted, the defendant would receive the same penalty as a sane defendant (death).

The same procedure applied to a peer of the realm, except that they would be tried by their peers before the Lord High Steward instead of by a jury and a normal judge.

Section II said that if the defendant had already been tried and convicted before he turned insane, then he was still to be executed in the normal manner.

The act was retrospective and applied to treasons committed before as well as after it was passed. Its effect was reversed by the Treason Act 1554 (1 & 2 Ph. & M. c. 10).

Other treason legislation in 1542

Criminal Law Act 1541
Act of Parliament
Coat of Arms of Henry VIII of England (1509-1547).svg
Long title An Act to proceed by Commission of Oyer and Determiner against such Persons as shall confess Treason, &c., without remanding the same to be tried in the Shire where the Offence was committed.
Citation 33 Hen. 8. c. 23
Dates
Royal assent 1 April 1542
Other legislation
Repealed by Offences Against the Person Act 1828
Status: Repealed

Another Act, the Criminal Law Act 1541 (33 Hen. 8. c. 23), abolished peremptory challenge in trials for treason and misprision of treason. This Act was repealed by the Treason Act 1554 (1 & 2 Ph. & M. c. 10, sec. 7). The Royal Assent by Commission Act 1541 (33 Hen. 8. c. 21) created various new kinds of high treason (which were abolished in 1547).

Related Research Articles

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds.

<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.

The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days before and after a parliamentary session.

In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime. It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Anyone condemned of capital crimes could be attainted.

<span class="mw-page-title-main">Criminal Justice Act 2003</span> United Kingdom legislation

The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.

<span class="mw-page-title-main">Criminal Lunatics Act 1800</span> United Kingdom legislation

The Criminal Lunatics Act 1800 was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.

<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.

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">Juries in England and Wales</span> Law of trial by jury in England and Wales

In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.

<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 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 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">Treason Act 1714</span> United Kingdom legislation

The Treason Act 1714 or Trial of Rebels Act 1715 was an Act of Parliament of the Parliament of Great Britain passed during the Jacobite Rising of 1715. Its long title was "An act for the more easy and speedy trial of such persons as have levied or shall levy war against his Majesty." It enacted that anyone who was in custody for high treason before 23 January 1716 could be tried anywhere in England, regardless of where they had allegedly committed their crime. Under common law a trial normally had to take place in the county where the crime happened.

<span class="mw-page-title-main">Criminal Justice Act 1948</span> United Kingdom legislation

The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It implemented several widespread reforms of the English criminal justice system, mainly abolishing penal servitude, corporal punishment, and the right of peers to be tried for treason and felony in the House of Lords. The act also dealt with more minor aspects of criminal law, such as the procedure regarding bail. Early versions of the bill attempted to abolish the death penalty, but this would not occur until 1965.

<span class="mw-page-title-main">Sheriffs (Scotland) Act 1747</span> United Kingdom legislation

The Sheriffs (Scotland) Act 1747 was an Act of the Parliament of Great Britain which applied only to Scotland. It stated that anyone who was prosecuted on or after 1 April 1748 for treason or misprision of treason could be tried anywhere in Scotland if the crime had been committed in any of the shires of Dunbartain, Stirling, Perth, Kincardine, Aberdeen, Inverness, Nairn, Cromarty, Argyll, Forfarshire, Banff, Sutherland, Caithness, Elgine, Ross, and Orkney. Normally a crime had to be tried in the shire where it had been committed. The Act also said that in such a trial, the jurors could come from adjoining counties, instead of the county where the trial was held.

<span class="mw-page-title-main">Treason (Ireland) Act 1854</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Criminal Law Act 1827</span> United Kingdom legislation

The Criminal Law Act 1827 was an act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.

References

See also