The Treason Act 1543 (
35 Hen 8 c 2) 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 during the reign of King
Henry VIII of England
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
, which stated that acts of
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 ...
or
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 ...
that were committed outside the realm of England could be tried within England. Those convicted of
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 ...
would have their estates confiscated by the King and then be
hanged, drawn and quartered
To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under Edward III of England, King Edward III (1327–1377), although similar rituals are recorded during the rei ...
.
This Act received renewed attention in 1769, following protests against the
Townshend Acts
The Townshend Acts () or Townshend Duties, were a series of British acts of Parliament passed during 1767 and 1768 introducing a series of taxes and regulations to fund administration of the British colonies in America. They are named after the ...
in
colonial
Colonial or The Colonial may refer to:
* Colonial, of, relating to, or characteristic of a colony or colony (biology)
Architecture
* American colonial architecture
* French Colonial
* Spanish Colonial architecture
Automobiles
* Colonial (1920 au ...
Boston
Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
. After determining that the 1543 Treason Act was still in effect, Parliament instructed Governor
Francis Bernard of Massachusetts to gather evidence against Bostonians who might have committed acts of treason, so that they could be transported to England for trial. Colonial assemblies in
British America
British America comprised the colonial territories of the English Empire, which became the British Empire after the 1707 union of the Kingdom of England with the Kingdom of Scotland to form the Kingdom of Great Britain, in the Americas from 16 ...
passed resolutions against such an action, arguing that it would violate their constitutional right to a
trial by jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Jury trials are used in a significant ...
of their peers.
No one in Massachusetts was arrested under the terms of the Treason Act, but the matter came up again in Rhode Island after the
''Gaspée'' Affair in 1772. Once again, officials were unable to obtain reliable evidence of treason.
The Act was repealed on 1 January 1968 by section 10(2) of, and Part I of Schedule 3 to, the
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
Territ ...
.
Other treason statutes passed in 1543
The Act should not be confused with two other Acts, 35 Hen. 8 c. 1 and 3, which were also about treason and were passed in the same year. The first made it treason to refuse to take an oath against the Pope. The second made it treason to attempt to deprive the King of his royal title or of his title as
Defender of the Faith
Defender of the Faith ( la, Fidei Defensor or, specifically feminine, '; french: Défenseur de la Foi) is a phrase that has been used as part of the full style of many English, Scottish, and later British monarchs since the early 16th century. It ...
and as Supreme Head of the Church in England and Ireland. Both forms of treason were abolished in 1547, but the latter was revived in the first year of the reign of
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
El ...
.
[ 1 Eliz. 1 c. 1]
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 ...
*
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
*Knollenberg, Bernhard. ''Growth of the American Revolution, 1766–1775.'' New York: Free Press, 1975. .
*
Jensen, Merrill. ''The Founding of a Nation: A History of the American Revolution, 1763–1776.'' New York: Oxford University Press, 1968.
External links
Full text of Act
1543 in law
1543 in England
Acts of the Parliament of England (1485–1603)
Treason in England
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