The Treason Act 1541 (33 Hen.8 c.20) was 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 in 1542 (acts of Parliament were backdated to the year in which the session of Parliament had begun, rather than the year in which the Act was actually passed). It provided for the trial and punishment of

lunatic Lunatic is an antiquated term referring to a person who is seen as mentally ill, dangerous, foolish, or crazy—conditions once attributed to "lunacy". The word derives from ''lunaticus'' meaning "of the moon" or "moonstruck". History The ter ...

s for

high 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 ...

. The reason given for passing the Act was given by the Act itself, which stated "it is a thing almost impossible certainly to judge" whether a defendant's madness was real or feigned.

Provisions of the Act

Section I of the Act provided for the trial of a person who committed treason "when they were in good, whole and perfect memory, and after their accusation, examination and confession thereof before any fthe King's majesty's council, shall happen to fall to madness or lunacy". If it appeared to at least four of the council that the defendant was sane at the time of their offence and at their "accusation, examination and confession," then a commission was to investigate the treason, swear in a jury, and try the defendant in his absence in the same manner as they would if he were sane and present. The section specifically provided that evidence would be admissible for the defence as well as for the prosecution. If convicted, the defendant would receive the same penalty as a sane defendant (death). The same procedure applied to a

peer of the realm A peer of the realm is a member of the highest aristocratic social order outside the ruling dynasty of the kingdom. Notable examples are: * a member of the peerages in the United Kingdom, who is a hereditary peer or a life peer * a member of the ...

, except that they would be tried by their peers before the

Lord High Steward The Lord High Steward is the first of the Great Officers of State in England, nominally ranking above the Lord Chancellor. The office has generally remained vacant since 1421, and is now an ''ad hoc'' office that is primarily ceremonial and ...

instead of by a jury and a normal judge. Section II said that if the defendant had already been tried and convicted before he turned insane, then he was still to be executed in the normal manner. The Act was retrospective and applied to treasons committed before as well as after it was passed. Its effect was reversed by the

Treason Act 1554 The Treason Act 1554 (1 & 2 Ph & M c 10) 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 c 9 and 11 (summarised below). Long title The long title was "An A ...

(1&2 Ph.&M. c.10).

Other treason legislation in 1542

Another Act, 33 Hen.8 c.23, abolished

peremptory challenge In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by ...

in trials for treason and

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 p ...

. This Act was repealed by the

(1&2 Ph. & M. c.10, sec.7). The

Royal Assent by Commission Act 1541 The Royal Assent by Commission Act 1541 (33 Hen 8 c 21) was an Act of the Parliament of England, passed in 1542, which attained Queen Catherine Howard for adultery, thereby authorising her execution. It also provided that all of Queen Catherine' ...

(c.21) created various new kinds of high treason (which were abolished in 1547).

References

*''Statutes at Large,'' vol. IV, Danby Pickering, Cambridge University Press, 1765.

Provisions of the Act

Other treason legislation in 1542

References

See also