Treason Act 1541
Encyclopedia
The Treason Act 1541 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 lunatic
s 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.
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).
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 This Act was repealed by the Treason Act 1554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
(c.21) created various new kinds of high treason (which were abolished in 1547
).
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 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 lunatic
Lunatic
"Lunatic" is a commonly used term for a person who is mentally ill, dangerous, foolish, unpredictable; a condition once called lunacy. The word derives from lunaticus meaning "of the moon" or "moonstruck".-Lunar hypothesis:...
s for 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 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.
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
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
, except that they would be tried by their peers before the Lord High Steward
Lord High Steward
The position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, but not invariably, the Lord...
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
Treason Act 1554
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...
(1&2 Ph.&M. c.10).
Other treason legislation in 1542
Another Act, 33 Hen.8 c.23, abolished peremptory challengePeremptory challenge
Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason...
in trials for treason and misprision of treason
Misprision of treason
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...
. This Act was repealed by the Treason Act 1554
Treason Act 1554
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...
(1&2 Ph. & M. c.10, sec.7). The Royal Assent by Commission Act 1541
Royal Assent by Commission Act 1541
The Royal Assent by Commission Act 1541 was an Act of the Parliament of England, passed in 1542 to authorise the execution of Catherine Howard for adultery. It also created a new way in which the Royal Assent could be granted to legislation....
(c.21) created various new kinds of high treason (which were abolished in 1547
Treason Act 1547
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.-Abolition of new offences:During the reign of...
).
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 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...