The Treasons Act 1649 or Act declaring what offences shall be adjudged Treason was passed on 17 July 1649 by the

Rump Parliament The Rump Parliament was the English Parliament after Colonel Thomas Pride commanded soldiers to purge the Long Parliament, on 6 December 1648, of those members hostile to the Grandees' intention to try King Charles I for high treason. "Rump" ...

during the

Commonwealth of England The Commonwealth was the political structure during the period from 1649 to 1660 when England and Wales, later along with Ireland and Scotland, were governed as a republic after the end of the Second English Civil War and the trial and execu ...

. It superseded the ''Act declaring what offences shall be adjudged Treason'' passed about two months earlier on 14 May 1649. The Act was deemed necessary because the Commonwealth was a republic, so treason against the person of the king had no meaning. There were certain threats that faced the Commonwealth, which this law helped to address. However, all acts and ordinances passed by Parliament during the Civil War and Interregnum did not have

Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

, so 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 I The High Court of Justice was the court established by the Rump Parliament to try Charles I, King of England, Scotland and Ireland. Even though this was an ''ad hoc'' tribunal that was specifically created for the purpose of trying the king, it ...

). 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 The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

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 A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...

was approved on 14 February as was an ''Act declaring what offences shall be adjudged Treason'', and on 19 May An Act declaring England to be 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

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 say in writing or verbally that "the ommonwealthgovernment is tyrannical, usurped, or unlawful, or that the

commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...

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 government, or for the subversion or alteration of the same", *to attempt or incite the subversion of the government, or insurrection against the government, *to counterfeit the Commonwealth version of the

great seal of England The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...

, or *to counterfeit or clip 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: *to plot or incite a mutiny, *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 An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...

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).

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 The Sedition Act 1661 (13 Car 2 St 1 c 1) was an Act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continu ...

, 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 1848 The Treason Felony Act 1848 (11 & 12 Vict. c. 12) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force. It is a law which protects the King and the Crown. The offences in the Act w ...

, which makes it a crime punishable with life imprisonment "to move or stir any foreigner or stranger with force to invade the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

or any other of her Majesty's dominions or countries under the obeisance of her Majesty".

References

{{reflist Treason in England Republicanism in England 1649 in law 1649 in England Acts of the Parliament of England

Legislation and political events

Content

Legacy

See also

References