The Treason Act 1702 (1 Anne Stat. 2 c. 21
[Some volumes cite it as c.17]) is an
Act of the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
, passed to enforce the
line of succession
An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.[Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...]
and the
Act of Settlement 1701
The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, bec ...
.
The Act makes it
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
to ''"endeavour to deprive or hinder any person who shall be the next in succession to the crown for the time being ... from succeeding after the decease of her Majesty (whom God long preserve) to the imperial crown of this realm and the dominions and territories thereunto belonging".''
Originally a
capital offence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
, the penalty was reduced in 1998 to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
.
Although the Act was passed by the
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
Parliament, it was later extended to
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
by the
Treason Act 1708
The Treason Act 1708 (7 Ann c 21) 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.
This Act is partly st ...
, following the
Union
Union commonly refers to:
* Trade union, an organization of workers
* Union (set theory), in mathematics, a fundamental operation on sets
Union may also refer to:
Arts and entertainment
Music
* Union (band), an American rock group
** ''Un ...
of the two kingdoms in the previous year. The
Parliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chamb ...
passed a law to the same effect in 1703, the Treason Act (Ireland) 1703 (c.5). This is still in force in Northern Ireland.
In fiction
* In the movie ''
King Ralph
''King Ralph'' is a 1991 American comedy film written and directed by David S. Ward and starring John Goodman, Peter O'Toole, and John Hurt. The film is about an American who becomes the unlikely King of the United Kingdom after an electrical ...
'', Ralph used the Treason Act of 1702 as his justification in ordering the arrest of Lord Graves (
John Hurt
Sir John Vincent Hurt (22 January 1940 – 25 January 2017) was an English actor whose career spanned over five decades. Hurt was regarded as one of Britain's finest actors. Director David Lynch described him as "simply the greatest actor in t ...
) on the grounds that Graves had interfered with Ralph's succession to the throne. After silently going through the
Mnemonic Verse, he mentioned it was passed by
William III William III or William the Third may refer to:
Kings
* William III of Sicily (c. 1186–c. 1198)
* William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702)
* William III of the Netherlands and Luxembourg ...
, when in fact it was passed in the first year of
Queen Anne's reign.
* In the movie ''
Johnny English
''Johnny English'' is a 2003 spy
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the ...
'', the "jumped-up Frenchman" Pascal Sauvage (
John Malkovich
John Malkovich (born December 9, 1953) is an American actor. He is the recipient of several accolades, including a Primetime Emmy Award, in addition to nominations for two Academy Awards, a British Academy Film Award, two Screen Actors Guild Aw ...
) is tried for treason under this Act when his plot to seize the throne is foiled, and the audience is told that the crime still carries a penalty of death by hanging. However, as the film was released in 2003 (the penalty was downgraded to life imprisonment in 1998), it renders the imposition of the death penalty inaccurate.
See also
*
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; committing adultery with the sovereign's consort, with the sovereign's eld ...
*
Succession to the Crown Act 1707
The Succession to the Crown Act 1707 (6 Ann c 41) is an Act of Parliament of the Parliament of Great Britain. It is still partly in force in Great Britain.
The Act was passed at a time when Parliament was anxious to ensure the succession of a P ...
*
Treason Act
Treason Act or Treasons Act (and variations thereon) or Statute of Treasons 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.
Several Acts on the subje ...
References
External links
Official text of the Act 1 Anne Stat. 2 1702as in force today (including any amendments) within the United Kingdom, from the
UK Statute Law Database
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and a ...
Official text of the Treason Act (Ireland) 1703as in force today (including any amendments) within the United Kingdom, from the
UK Statute Law Database
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and a ...
{{UK legislation
1702 in law
1702 in England
Acts of the Parliament of England
Acts of the Parliament of England still in force
English monarchy
English criminal law
Treason in England