Treasons Act 1649
Encyclopedia
The Treasons Act 1649 or Act declaring what offences shall be adjudged Treason was passed 17 July 1649 on by Rump Parliament
parliament during the Commonwealth of England
. It superseded the Act declaring what offences shall be adjudged Treason passed about two months earlier on the 14 May 1649.
The acts was deemed necessary because the Commonwealth was a republic, so treason against the person of the king had no meaning and there were specific threats that faced the Commonwealth that this treason act helped to address.
Since the treason acts, like all acts and ordinances passed by Parliament during the Civil War and the Interregnum, did not have Royal Assent
, they were deemed to be null and void following the Restoration of the monarchy in 1660.
)
The execution of Charles I was delayed until later in the day on 30 January than had originally been planned, so that the House of Commons could pass an emergency act, the "Act prohibiting the proclaiming any person to be King of England or Ireland, or the Dominions thereof", that made it an offence to proclaim a new King, and to declare the representatives of the people, the House of Commons, as the source of all just power. Parliament voted to abolish the House of Lords
on 6 February and to abolish the monarchy on 7 February; an act abolishing the kingship
was formally passed by Parliament on 17 March, followed by an act to abolish the House of Lords on 19 March. The establishment of a Council of State was approved on 14 February as was an Act declaring what offences shall be adjudged Treason, and on 19 May an Act Declaring England a Commonwealth was passed. On 17 July 1649 the second Act declaring what offences shall be adjudged Treason was passed and it became treason to say that the House of Commons (without the Lords or the King) was not the supreme authority of the land.
:
It was also declared treason for any person who was not a member of the New Model Army
:
The Act also stated that nobody could be prosecuted for treason unless they were indicted
within one year of committing the offence.
The penalty for treason under the Act was death and forfeiture of lands and goods, "as in case of high treason hath been used by the laws and statutes of this land." However there was to be no corruption of blood for treason by counterfeiting coins (although corruption of blood had already been abolished for coinage offences by the Coin Act 1575
).
, which makes it a crime punishable with life imprisonment "to move or stir any foreigner or stranger with force to invade the United Kingdom
or any other of her Majesty's dominions or countries under the obeisance of her Majesty."
Rump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
parliament during the Commonwealth of England
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
. It superseded the Act declaring what offences shall be adjudged Treason passed about two months earlier on the 14 May 1649.
The acts was deemed necessary because the Commonwealth was a republic, so treason against the person of the king had no meaning and there were specific threats that faced the Commonwealth that this treason act helped to address.
Since the treason acts, like all acts and ordinances passed by Parliament during the Civil War and the Interregnum, did not have Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, they were deemed to be null and void following the Restoration of the monarchy in 1660.
Legislation and political events
King Charles I of England was beheaded on 30 January 1649. Shortly after his death the Rump Parliament passed a series of acts which established the Commonwealth (see High Court of Justice for the trial of Charles IHigh Court of Justice for the trial of Charles I
The High Court of Justice is the name given to the court established by the Rump Parliament to try King Charles I of England. This was an ad hoc tribunal created specifically for the purpose of trying the king, although the same name was used again for subsequent courts.Neither the involvement of...
)
The execution of Charles I was delayed until later in the day on 30 January than had originally been planned, so that the House of Commons could pass an emergency act, the "Act prohibiting the proclaiming any person to be King of England or Ireland, or the Dominions thereof", that made it an offence to proclaim a new King, and to declare the representatives of the people, the House of Commons, as the source of all just power. Parliament voted to abolish the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on 6 February and to abolish the monarchy on 7 February; an act abolishing the kingship
Act abolishing the kingship
The act abolishing the kingship was an Act of the Rump Parliament that abolished the monarchy in England in the aftermath of the Second English Civil War....
was formally passed by Parliament on 17 March, followed by an act to abolish the House of Lords on 19 March. The establishment of a Council of State was approved on 14 February as was an Act declaring what offences shall be adjudged Treason, and on 19 May an Act Declaring England a Commonwealth was passed. On 17 July 1649 the second Act declaring what offences shall be adjudged Treason was passed and it became treason to say that the House of Commons (without the Lords or the King) was not the supreme authority of the land.
Content
The Act purported to make the following things treasonTreason
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 say in writing or verbally that "the [Commonwealth] government is tyrannical, usurped, or unlawful, or that the commonsHouse of Commons of EnglandThe House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
in parliament assembled are not the supreme authority of this nation," - to "plot, contrive, or endeavour to stir up or raise force against the present governmentEnglish Council of StateThe English Council of State, later also known as the Protector's Privy Council, was first appointed by the Rump Parliament on 14 February 1649 after the execution of King Charles I....
, or for the subversion or alteration of the same," - to attempt or incite the subversion of the government, or insurrection against the government,
- to 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...
the Commonwealth version of the great seal of EnglandGreat Seal of the RealmThe 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...
, or - to counterfeit or clipCoin clippingCoin debasement is the act of decreasing the amount of precious metal in a coin, while continuing to circulate it at face value. This was frequently done by governments in order to inflate the amount of currency in circulation; typically, some of the precious metal was replaced by a cheaper metal...
coins, or import counterfeit coins (whether they were Commonwealth coins or foreign coins current within England).
It was also declared treason for any person who was not a member of the New Model Army
New Model Army
The New Model Army of England was formed in 1645 by the Parliamentarians in the English Civil War, and was disbanded in 1660 after the Restoration...
:
- to plot or incite a mutinyMutinyMutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
, - to "withdraw any soldiers or officers from their obedience to their superior officers, or from the present government,"
- to "procure, invite, aid, or assist any foreigners or strangers to invade England or Ireland," or
- to "adhere to" the enemies of the Commonwealth parliament or government.
The Act also stated that nobody could be prosecuted for treason unless they were 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...
within one year of committing the offence.
The penalty for treason under the Act was death and forfeiture of lands and goods, "as in case of high treason hath been used by the laws and statutes of this land." However there was to be no corruption of blood for treason by counterfeiting coins (although corruption of blood had already been abolished for coinage offences by the Coin Act 1575
Treason Act 1415
The Treason Act 1415 was an Act of the Parliament of England which made clipping coins high treason, punishable by death. The Act was repealed by the Treason Act 1553, and then revived again in 1562...
).
Legacy
Although the Act ceased to have effect from 1660, the treason consisting of inviting foreigners to invade England or Ireland was soon copied in the Sedition Act 1661, which made it treason "to move or stirr any Foreiner or Strangers with force to invade this Realme or any other His Majesties Dominions or Countreys being under His Majesties Obeysance." Although no longer treason today, this remains an offence under the Treason Felony Act 1848Treason Felony Act 1848
The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. The Act is still in force. It is a law which protects HM the Queen and the Crown....
, which makes it a crime punishable with life imprisonment "to move or stir any foreigner or stranger with force to invade the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
or any other of her Majesty's dominions or countries under the obeisance of her Majesty."
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...
- List of Ordinances and Acts of the Parliament of England, 1642–1660