Treason Act 1708
Encyclopedia
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. Its long title
is "An Act for improving the Union of the Two Kingdoms."
to Scotland. (However it did not extend petty treason
to Scotland.)
The Act also created new offences of treason. It became treason:
These new offences were similar to existing treasons in England, as in England it was already treason to kill judges or to forge the English seal. (For treason in English law in 1708 and today, see High treason in the United Kingdom
.)
Since 1708 treason law in Scotland has generally remained the same as in England. However while the offence of counterfeiting the Seal of Scotland was removed from English treason law in 1861, it is still treason in Scottish law. Also counterfeiting the Great Seal of Great Britain
(which was treason under another Act) ceased to be treason in England and became a felony
in 1861, but this change did not occur in Scotland until later.
When the Scottish Parliament
was established in 1998, treason and misprision of treason were designated as "reserved matters," meaning they fall outside its jurisdiction.
(which made it treason to counterfeit
coins).
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
which harmonised the law 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...
between the former kingdoms of England
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...
and 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...
following their union as Great Britain
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,...
in 1707. It came into effect on 1 July 1709. Some of it is still in force today. Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
is "An Act for improving the Union of the Two Kingdoms."
Offences
Before the Act was passed, treason in Scotland consisted of "theft in landed men, murder under trust, wilful fire-raising, firing coalheughs, and assassination." Section 1 of the Act abolished these offences and replaced them with the English definition of high treason. The Act also applied the English offence of misprision of treasonMisprision 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...
to Scotland. (However it did not extend 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...
to Scotland.)
The Act also created new offences of treason. It became treason:
- to counterfeit the Great Seal of ScotlandGreat Seal of ScotlandThe Great Seal of Scotland allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix and impressed into a wax figure that is attached by cord or ribbon to documents that the monarch wishes to make official...
, and - to slay the Lords of SessionSenator of the College of JusticeThe Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
or Lords of JusticiarySenator of the College of JusticeThe Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
"sitting in Judgment in the Exercise of their Office within Scotland".
These new offences were similar to existing treasons in England, as in England it was already treason to kill judges or to forge the English seal. (For treason in English law in 1708 and today, see High treason in the United Kingdom
High treason in the United Kingdom
Under 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...
.)
Since 1708 treason law in Scotland has generally remained the same as in England. However while the offence of counterfeiting the Seal of Scotland was removed from English treason law in 1861, it is still treason in Scottish law. Also counterfeiting the Great Seal of Great Britain
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
(which was treason under another Act) ceased to be treason in England and became a felony
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...
in 1861, but this change did not occur in Scotland until later.
When the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
was established in 1998, treason and misprision of treason were designated as "reserved matters," meaning they fall outside its jurisdiction.
Procedure
Section III of the Act required the Scottish courts to try cases of treason and misprision of treason according to English rules of procedure and evidence. This rule was repealed in 1945.Sections still in force
The Act originally had eleven sections, which were later renumbered one to fourteen. Of the fourteen sections, four survive:- Section 1 brings Scottish law into line with English law in respect of high treason and misprision of treason.
- Section 5 made the penalties for high treason and misprision of treason in Scotland the same as in England (for details see the Treason Act 1814Treason Act 1814The Treason Act 1814 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which modified the penalty for high treason for male convicts....
). - Section 11 makes it treason to kill certain Scottish judges.
- Section 12 makes it treason to forge "Her Majesty's Seals appointed by the Twenty-fourth Article of the UnionActs of Union 1707The 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,...
to be kept, used, and continued in Scotland".
Other treason legislation in 1708
Another Act, 7 Ann. c. 25, amended the Coin Act 1696Coin Act 1696
The Coin Act 1696 was an Act of the Parliament of England which made it high treason to make or possess equipment useful for counterfeiting coins. Its title was "An Act for the better preventing the counterfeiting the current Coin of this Kingdom." It was extended to cover Scotland by the Treason...
(which made it treason to counterfeit
Counterfeit
To 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...
coins).
External links
- Original text of the Act (note: text appears with original section numbers. Old section I became new sections 1 and 2. Old section II became new section 3. Old section III became new sections 4 and 5. Old section IV became new section 6. Old section V became new sections 7 and 8. Old sections VI to XI became new sections 9 to 14 respectively.)