Treason Act 1702
Encyclopedia
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
.
The Act makes it treason
to "endeavour to deprive or hinder any person who shall be the next in succession to the crown ... from succeeding after the decease of her Majesty (whom God long preserve) to the imperial crown of this realm and the dominions and territories thereunto belonging".
Originally a capital offence, the penalty was reduced in 1998 to life imprisonment
.
Although the Act was passed by the English
Parliament, it was later extended to Scotland
by the Treason Act 1708
, following the Union
of the two kingdoms in the previous year. The Parliament of Ireland
passed a law to the same effect in 1703, the Treason Act (Ireland) 1703 (c.5). This is still in force in Northern Ireland.
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...
, passed to enforce the line of succession
Line of succession to the British Throne
The line of succession to the British throne is the ordered sequence of those people eligible to succeed to the throne of the United Kingdom and the other 15 Commonwealth realms. By the terms of the Act of Settlement 1701, the succession is limited to the descendants of the Electress Sophia of...
to the English throne, previously established by the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
and the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
.
The Act makes it treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
to "endeavour to deprive or hinder any person who shall be the next in succession to the crown ... from succeeding after the decease of her Majesty (whom God long preserve) to the imperial crown of this realm and the dominions and territories thereunto belonging".
Originally a capital offence, the penalty was reduced in 1998 to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Although the Act was passed by the English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
Parliament, it was later extended to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
by the Treason Act 1708
Treason Act 1708
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. It came into effect on 1 July 1709. Some of it is still in force today...
, following the Union
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
of the two kingdoms in the previous year. The Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
passed a law to the same effect in 1703, the Treason Act (Ireland) 1703 (c.5). This is still in force in Northern Ireland.
In fiction
- In the movie King RalphKing RalphKing Ralph is a 1991 American comedy film starring John Goodman in the title role of Ralph Jones. The movie also stars Peter O'Toole as the King's private secretary, Sir Cedric Willingham, Camille Coduri as Ralph's girlfriend Miranda Greene, and John Hurt as the British peer Percival Graves, who...
, Ralph used the Treason Act of 1702 as his justification in ordering the arrest of Lord Graves (John HurtJohn HurtJohn Vincent Hurt, CBE is an English actor, known for his leading roles as John Merrick in The Elephant Man, Winston Smith in Nineteen Eighty-Four, Mr. Braddock in The Hit, Stephen Ward in Scandal, Quentin Crisp in The Naked Civil Servant and An Englishman in New York...
) on the grounds that Graves had interfered with Ralph's succession to the throne. After silently going through the Mnemonic VerseMnemonic verse of monarchs in EnglandA mnemonic verse listing the monarchs ruling in England since William the Conqueror was traditionally used by English schoolchildren in the era when rote learning formed a major part of the curriculum....
, he mentioned it was passed by William IIIWilliam III of EnglandWilliam III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
, when in fact it was passed in the first year of Queen Anne'sAnne of Great BritainAnne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
reign. - In the movie Johnny EnglishJohnny EnglishJohnny English is a 2003 British action comedy film parodying the James Bond secret agent genre. The film stars Rowan Atkinson as the incompetent titular English spy, with John Malkovich, Natalie Imbruglia, Tim Pigott-Smith and Ben Miller in supporting roles...
, the "jumped-up frenchman" Pascal Sauvage (John MalkovichJohn MalkovichJohn Gavin Malkovich is an American actor, producer, director and fashion designer with his label Technobohemian. Over the last 25 years of his career, Malkovich has appeared in more than 70 motion pictures. For his roles in Places in the Heart and In the Line of Fire, he received Academy Award...
), is tried for treason when he tries to seize the throne, and the audience is told the penalty is still death by hanging. However, as the film was released after the penalty was downgraded to life imprisonment in 1998, it renders the imposition of the death penalty inaccurate.
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...
- Succession to the Crown Act 1707Succession to the Crown Act 1707The Succession to the Crown Act 1707 is an Act of Parliament of the Parliament of Great Britain which is still in force in the United Kingdom, with amendments...
- 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...