Treason Act 1547
Encyclopedia
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
.
(r. 1509–1547), the statute books had proliferated with legislation creating numerous new forms of high treason
. In the first year of the reign of his successor, Edward VI
, Parliament passed this Act, which abolished all kinds of treason except:
However the Act expressly did not apply to people who had already been indicted
for treason or misprision of treason
.
The Act also abolished all new felonies
created in Henry's reign.
or convict a person for high treason
, petty treason
or misprision of treason
, they must be "accused by two sufficient and lawful witnesses." However, the witnesses did not have to have witnessed the same overt act
of the offence.
This rule was abolished in 1554, except for treason under the Treason Act 1554
. However it was later adopted in the Sedition Act 1661 and the Treason Act 1695
, the latter of which was inherited by the United States due to its origins as part of the British Empire. In 1787 a version of the two witnesses rule was included in Article III of the U.S. Constitution
(section 3), which added that both witnesses had to have witnessed the same overt act. Article III reads: "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
The rule as stated in the 1695 Act was extended to Scotland in 1709 and Ireland in 1821, although in 1800 the rule was abolished for cases of attempting to assassinate the king. It remained in force in Great Britain (from 1821 the whole United Kingdom) until 1945, when it was repealed by the Treason Act 1945
.
During the passage of the Treason Bill through Parliament in 1945 the Home Secretary
, Sir Donald Somervell, explained the repeal of the rule as follows:
These provisions were all repealed by the Treason Act 1553
, the first Act to be passed in the reign of Mary I
. However the second on the above list was soon re-enacted in the Treason Act 1554
. The 1554 Act also made it an offence to say that the King or Queen should not have their title, which was punishable by "perpetual imprisonment" for a first offence and treason on the second offence, or treason on the first offence if done in writing.
Section 20 of the Act put the common law offence of misprision (concealing) of treason on a statutory basis.
Section 21 made it lawful to address the King of France by that title. Up until then, the English kings had claimed that title
for themselves (and did not formally renounce it until 1801).
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 is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge 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...
, a rule which still exists today in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Abolition of new offences
During the reign of Henry VIIIHenry 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...
(r. 1509–1547), the statute books had proliferated with legislation creating numerous new forms 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...
. In the first year of the reign of his successor, Edward VI
Edward VI of England
Edward VI was the King of England and Ireland from 28 January 1547 until his death. He was crowned on 20 February at the age of nine. The son of Henry VIII and Jane Seymour, Edward was the third monarch of the Tudor dynasty and England's first monarch who was raised as a Protestant...
, Parliament passed this Act, which abolished all kinds of treason except:
- those contained in this Act,
- those in the original Treason Act (the Treason Act 1351Treason Act 1351The 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...
), and - treason consisting of counterfeitCounterfeitTo counterfeit means to illegally imitate something. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product...
ing coinage or forging the king's seals.
However the Act expressly did not apply to people who had already been indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
for treason 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...
.
The Act also abolished all new felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
created in Henry's reign.
Two witnesses rule
Section 22 of the Act prescribed that in order to indict, arraignArraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
or convict a person 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...
, petty treason
Petty treason
Petty treason or petit treason was an offence under the common law of England which involved the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign...
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...
, they must be "accused by two sufficient and lawful witnesses." However, the witnesses did not have to have witnessed the same 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...
of the offence.
This rule was abolished in 1554, except for treason under 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...
. However it was later adopted in the Sedition Act 1661 and the Treason Act 1695
Treason Act 1695
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...
, the latter of which was inherited by the United States due to its origins as part of the British Empire. In 1787 a version of the two witnesses rule was included in Article III of the U.S. Constitution
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
(section 3), which added that both witnesses had to have witnessed the same overt act. Article III reads: "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
The rule as stated in the 1695 Act was extended to Scotland in 1709 and Ireland in 1821, although in 1800 the rule was abolished for cases of attempting to assassinate the king. It remained in force in Great Britain (from 1821 the whole United Kingdom) until 1945, when it was repealed by the Treason Act 1945
Treason Act 1945
The Treason Act 1945 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland.It was introduced into the House of Lords as a purely procedural statute, whose sole purpose was to abolish the old and highly technical procedure in cases of treason, and assimilate it to...
.
During the passage of the Treason Bill through Parliament in 1945 the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Sir Donald Somervell, explained the repeal of the rule as follows:
New offences under the Act
The Act created three new kinds of high treason:- Saying that the King was not the Supreme Head of the Church was a misdemeanour, a second such offence was a felony, and a third offence was treason. To say so in writing was treason for a first offence.
- To attempt to deprive the King or his successors of his title, or to say that somebody else should be king, was treason.
- Interrupting the succession to the throne, as established by the Act of Succession 1543Third Succession ActThe Third Succession Act of Henry VIII's reign was passed by the Parliament of England in July 1543, and returned both Mary and Elizabeth to the line of the succession behind Prince Edward....
, was treason.
These provisions were all repealed by the Treason Act 1553
Treason Act 1553
The Treason Act 1553 was an Act of the Parliament of England. The long title was "An Acte repealing certayne Treasons Felonies and Premunire". The Act abolished all forms of treason that had been created since 1351, except the Treason Act 1351 itself...
, the first Act to be passed in the reign of Mary I
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
. However the second on the above list was soon re-enacted in 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...
. The 1554 Act also made it an offence to say that the King or Queen should not have their title, which was punishable by "perpetual imprisonment" for a first offence and treason on the second offence, or treason on the first offence if done in writing.
Other provisions
Section 19 stipulated that a prosecution for treason consisting only of "open preaching or words only" must be brought within 30 days of the offence (or six months if the accused was outside the realm).Section 20 of the Act put the common law offence of misprision (concealing) of treason on a statutory basis.
Section 21 made it lawful to address the King of France by that title. Up until then, the English kings had claimed that title
English claims to the French throne
The English claims to the French throne have a long and complex history between the 1340s and the 19th century.From 1340 to 1801, with only brief intervals in 1360-1369 and 1420–1422, the kings and queens of England, and after the Acts of Union in 1707 the kings and queens of Great Britain, also...
for themselves (and did not formally renounce it until 1801).