Treason Act 1397
Encyclopedia
The Treason Act 1397 was an Act
of the Parliament of England
. It was supplemented by three other Acts (21 Ric.2 c. 3, 4 and 20). The four Acts together dealt with high treason
.
The main Act (c.12) was a lengthy document setting out several new crimes which were to be treason. Another Act (c.3) made it treason to "compasseth or purpose the death of the king, or to depose him," or to make war against him in his realm, which went much further than the Treason Act 1351
, in that it did not require an overt act
to have been committed to prove the offence. A third Act (c.4) also made it treason "to attempt to repeal any Judgments made by Parliament against certain traitors" (i.e. acts of attainder
). A fourth Act (c.20) further made it treason to "pursue to repeal any of these statutes."
This legislation was passed during the final years of Richard II
's turbulent reign. The new treasons created by Richard were abolished by another Act passed in the first year of his successor, Henry IV
(1399), which returned the law of treason to what it had been under the Treason Act 1351. This Act explained the reason for the repeal:
The jurist William Blackstone
wrote in his Commentaries on the Laws of England:
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
. It was supplemented by three other Acts (21 Ric.2 c. 3, 4 and 20). The four Acts together dealt with high treason
High treason
High treason is criminal disloyalty to one's government. 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 are perhaps...
.
The main Act (c.12) was a lengthy document setting out several new crimes which were to be treason. Another Act (c.3) made it treason to "compasseth or purpose the death of the king, or to depose him," or to make war against him in his realm, which went much further than the Treason Act 1351
Treason Act 1351
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...
, in that it did not require an overt act
Overt Act
In criminal law, an overt act , an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime...
to have been committed to prove the offence. A third Act (c.4) also made it treason "to attempt to repeal any Judgments made by Parliament against certain traitors" (i.e. acts of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
). A fourth Act (c.20) further made it treason to "pursue to repeal any of these statutes."
This legislation was passed during the final years of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
's turbulent reign. The new treasons created by Richard were abolished by another Act passed in the first year of his successor, Henry IV
Henry IV of England
Henry IV was King of England and Lord of Ireland . He was the ninth King of England of the House of Plantagenet and also asserted his grandfather's claim to the title King of France. He was born at Bolingbroke Castle in Lincolnshire, hence his other name, Henry Bolingbroke...
(1399), which returned the law of treason to what it had been under the Treason Act 1351. This Act explained the reason for the repeal:
The jurist William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
wrote in his Commentaries on the Laws of England:
See also
- High treason in the United KingdomHigh treason in the United KingdomUnder 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; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Treason Act 1381Treason Act 1381The Treason Act 1381 was an Act of the Parliament of England. It stipulated that "none from henceforth make nor begin any manner of riot and rumour, nor other like." To do so was made high treason. The Act was passed in response to the Peasants' Revolt earlier that year...
- Treason ActTreason ActTreason Act or Treasons Act 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...