The Treason Act 1495, formally referred as the Act 11 Hen 7 c 1 and informally as the statute, 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 ...

which was passed in the reign of

Henry VII of England Henry VII (28 January 1457 – 21 April 1509) was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor. Henry's mother, Margaret Beaufort ...

Background

After the defeat of

Richard III Richard III (2 October 145222 August 1485) was King of England and Lord of Ireland from 26 June 1483 until his death in 1485. He was the last king of the House of York and the last of the Plantagenet dynasty. His defeat and death at the Battl ...

in the

Battle of Bosworth The Battle of Bosworth or Bosworth Field was the last significant battle of the Wars of the Roses, the civil war between the houses of Lancaster and York that extended across England in the latter half of the 15th century. Fought on 22 Augu ...

on 22 August 1485, Henry VII was crowned

King of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...

. However, Henry VII backdated the start of his reign to 21 August, the day before the battle, which enabled him to prosecute anyone who had fought under his rival and execute them for

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 ...

. This was highly controversial, since it meant that anyone who fought for the rightful king against a

usurper A usurper is an illegitimate or controversial claimant to power, often but not always in a monarchy. In other words, one who takes the power of a country, city, or established region for oneself, without any formal or legal right to claim it as ...

would be at risk of execution if they lost, and might undermine their courage and loyalty. Nevertheless, Henry VII had his way as the

was in no position to oppose him, although later that year a general pardon was issued to those who had fought for Richard III. However, in 1495, Henry VII's position on the throne was sufficiently secure that he could afford to allow Parliament to pass a bill to prevent the treason laws from being abused in this way.

The Act

The Act states that a person serving the king ''

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...

'' for the time being is not guilty of

, or of any other offence, if he wages war against the king ''

de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...

''.

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...

wrote that the Act is "declaratory of the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

Legacy

In 1662, the Act was cited by

Sir Harry Vane Sir Henry Vane (baptised 26 March 161314 June 1662), often referred to as Harry Vane and Henry Vane the Younger to distinguish him from his father, Henry Vane the Elder, was an English politician, statesman, and colonial governor. He was brie ...

in his treason trial following the

Restoration Restoration is the act of restoring something to its original state and may refer to: * Conservation and restoration of cultural heritage ** Audio restoration ** Film restoration ** Image restoration ** Textile restoration * Restoration ecology ...

. He was one of those accused of serving with

Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...

against the king during the

English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...

, and in his defence he relied upon the Act. However the court ruled that the Act was only intended to protect those who fought for a king, not to protect rebels who fought to abolish the

monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...

. He was convicted and executed. The Act is still in force today, and was applied to Scotland following the passage of 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 ...

Other countries

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

, the

Crimes Act 1961 The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by ...

provides that obedience to the laws of a person with "possession ''de facto'' of the sovereign power" is protected from criminal responsibility.

References

Citations

Notes

{{UK legislation Acts of the Parliament of England (1485–1603) Acts of the Parliament of England still in force 1490s in law 1495 in England Treason in England English criminal law