Treason Act 1543
Encyclopedia
The Treason Act 1543 was an Act
of the Parliament of England
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
.
The long title
of this Act was "An Acte concerninge the triall of Treasons commytted out of the Kinges Majesties Domynions".
This act received renewed attention in 1769, following protests against the Townshend Acts
in colonial
Boston
. After determining that the 1543 Treason Act was still in effect, Parliament instructed Governor Francis Bernard of Massachusetts to gather evidence against Bostonians who might have committed acts of treason, so that they could be transported to England for trial. Colonial assemblies in British America
passed resolutions against such an action, arguing that it would violate their constitutional right to a trial by jury
of their peers.
No one in Massachusetts was arrested under the terms of the Treason Act, but the matter came up again in Rhode Island after the Gaspée Affair
in 1772. Once again, officials were unable to obtain reliable evidence of treason.
The Act was repealed on 1 January 1968 by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
.
and as Supreme Head of the Church in England and Ireland. Both forms of treason were abolished in 1547, but the latter was revived in the first year of the reign of Elizabeth I
.
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...
during the reign of King Henry VIII of England
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
, which stated that acts of 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...
or 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...
that were committed outside the realm of England could be tried within England. Those convicted of 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...
would have their estates confiscated by the King and then be hanged, drawn and quartered
Hanged, drawn and quartered
To be hanged, drawn and quartered was from 1351 a penalty in England for men convicted of high treason, although the ritual was first recorded during the reigns of King Henry III and his successor, Edward I...
.
The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of this Act was "An Acte concerninge the triall of Treasons commytted out of the Kinges Majesties Domynions".
This act received renewed attention in 1769, following protests against the Townshend Acts
Townshend Acts
The Townshend Acts were a series of laws passed beginning in 1767 by the Parliament of Great Britain relating to the British colonies in North America. The acts are named after Charles Townshend, the Chancellor of the Exchequer, who proposed the program...
in colonial
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
. After determining that the 1543 Treason Act was still in effect, Parliament instructed Governor Francis Bernard of Massachusetts to gather evidence against Bostonians who might have committed acts of treason, so that they could be transported to England for trial. Colonial assemblies in British America
British America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...
passed resolutions against such an action, arguing that it would violate their constitutional right to a trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
of their peers.
No one in Massachusetts was arrested under the terms of the Treason Act, but the matter came up again in Rhode Island after the Gaspée Affair
Gaspée Affair
The Gaspée Affair was a significant event in the lead-up to the American Revolution. The HMS Gaspée, a British customs schooner that had been enforcing unpopular trade regulations, ran aground in shallow water on June 9, 1772, near what is now known as Gaspee Point in the city of Warwick, Rhode...
in 1772. Once again, officials were unable to obtain reliable evidence of treason.
The Act was repealed on 1 January 1968 by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
Other treason statutes passed in 1543
The Act should not be confused with two other Acts, 35 Hen. 8 c. 1 and 3, which were also about treason and were passed in the same year. The first made it treason to refuse to take an oath against the Pope. The second made it treason to attempt to deprive the King of his royal title or of his title as Defender of the FaithFidei defensor
Fidei defensor is a Latin title which translates to Defender of the Faith in English and Défenseur de la Foi in French...
and as Supreme Head of the Church in England and Ireland. Both forms of treason were abolished in 1547, but the latter was revived in the first year of the reign of Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
.