The Treason Act 1790 (30 Geo 3 c 48) was an Act of the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

of the

Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...

which abolished

burning at the stake Death by burning (also known as immolation) is an execution and murder method involving combustion or exposure to extreme heat. It has a long history as a form of public capital punishment, and many societies have employed it as a punishment f ...

as the penalty for women 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 ...

petty treason Petty treason or petit treason was an offence under the common law of England in which a person killed or otherwise violated the authority of a social superior, other than the king. In England and Wales, petty treason ceased to be a distinct offen ...

and abetting, procuring or counselling petty treason, and replaced it with drawing and

hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging ...

. Identical provision was made for Ireland by the

Treason by Women Act (Ireland) 1796 The Treason by Women Act (Ireland) 1796 (36 Geo 3 c 31 (I)) was an Act of the Parliament of the Kingdom of Ireland which reduced the penalty for women convicted of high treason and petty treason from death by burning to death by hanging. It was ...

. Section 1 The original penalty for high treason, petty treason or abetting counselling or procuring petty treason for women was to be drawn to the place of execution and burned to death. This was replaced, with effect from 5 June 1790, with drawing to the place of execution followed by hanging by section 1. The section was amended by the

Forfeiture Act 1870 The Forfeiture Act 1870 (33 & 34 Vict c 23) is a British Act of Parliament that abolished the automatic forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland, which did not fully abolish forfeiture u ...

to abolish drawing. Section 2 This section made provision for women convicted of petty treason to suffer additional punishments which were already provided for murder by the

Murder Act 1751 The Murder Act 1751 (25 Geo 2 c 37), sometimes referred to as the Murder Act 1752,Leon RadzinowiczA History of English Criminal Law and Its Administration from 1750 Macmillan Company. 1948. Volume 1. Page 801. was an Act of the Parliament of Gr ...

(25 Geo.2 c.37), ss. 1 - 10. This included provision for the disposal of the body. The repeal of this section for

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

on 1 July 1828 by section 1 of the

Offences against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...

was consequential on the abolition of petty treason by sections 1 and 2 of that Act. Section 3 This section allowed the King to alter the sentence of any woman condemned to burning having been convicted of those offences prior to (the commencement of section 1 on) 5 June 1790. By warrant under the hand of one of the principal Secretaries of State, the King had the discretionary ("if he shall think proper") authority to order that the condemned woman be hanged in the execution of that judgement. This section was repealed by the

Statute Law Revision Act 1871 The Statute Law Revision Act 1871 (34 & 35 Vict c 116) is an Act of the Parliament of the United Kingdom. It was intended, in particular, to facilitate the preparation of the revised edition of the statutes then in progress. This Act was part ...

. Section 4 This section was a saving clause and provided that women convicted of those offences would still be liable to such forfeitures and

corruption of blood In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and heredita ...

as they would have been if they had been

attainted In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and heredit ...

of those offences before the passing of the Act. This section was repealed by the Statute Law Revision Act 1960. Repeal The Act was repealed when the death penalty for treason was abolished by the

Crime and Disorder Act 1998 The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...

References

External links

The Treason Act 1790
(at the time of its repeal in 1998), from the National Archives. Great Britain Acts of Parliament 1790 Treason in the United Kingdom {{statute-stub

See also

References

External links