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Treason Act 1543

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United Kingdom legislation
Treason Act 1543[1]
Act of Parliament
Long titleAn Acte concerninge the triall of Treasons commytted out of the Kinges Majesties Domynions.[2]
Citation35 Hen. 8. c. 2
Territorial extent England and Wales
Dates
Royal assent29 March 1544
Other legislation
Repealed byCriminal Law Act 1967
Relates toTreasons Act 1534
Status: Repealed
Text of statute as originally enacted

TheTreason Act 1543 (35 Hen. 8. c. 2) was anAct of theParliament of England passed during the reign of KingHenry VIII of England, which stated that acts oftreason ormisprision of treason that were committed outside the realm of England could be tried within England. Those convicted ofhigh treason would have their estates confiscated by the King and then behanged, drawn and quartered.

This Act received renewed attention in 1769, following protests against theTownshend Acts incolonialBoston. After determining that the 1543 Treason Act was still in effect, Parliament instructed GovernorFrancis 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 inBritish America passed resolutions against such an action, arguing that it would violate their constitutional right to atrial by jury 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 theGaspée Affair in 1772. Once again, officials were unable to obtain reliable evidence of treason.

Repeal

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The Act was repealed on 1 January 1968[3] by section 10(2) of, and Part I of Schedule 3 to, theCriminal Law Act 1967.

Other treason statutes passed in 1543

[edit]
United Kingdom legislation
King's Style Act 1543
Act of Parliament
Long titleAn Act for the Ratification of the King's Majesty's Style.
Citation35 Hen. 8. c. 3
Dates
Royal assent29 March 1544
Other legislation
Repealed bySecond Statute of Repeal
Status: Repealed

The Act should not be confused with two other Acts, theSuccession to the Crown Act 1543 (35 Hen. 8. c. 1) and theKing's Style Act 1543 (35 Hen. 8. c. 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 asDefender of the Faith and as Supreme Head of the Church in England and Ireland. Both forms of treason were abolished in 1547,[4] but the latter was revived in the first year of the reign ofElizabeth I.[5]

See also

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References

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  • Knollenberg, Bernhard.Growth of the American Revolution, 1766–1775. New York: Free Press, 1975.ISBN 0-02-917110-5.
  • Jensen, Merrill.The Founding of a Nation: A History of the American Revolution, 1763–1776. New York: Oxford University Press, 1968.
  1. ^Thecitation of this Act by thisshort title was authorised by section 5 of, and Schedule 2 to, theStatute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of theInterpretation Act 1978.
  2. ^These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. ^TheCriminal Law Act 1967, section 11(1)
  4. ^Treason Act 1547 (1 Edw. 6. c. 12). (The Acts were repealed in 1554 by1 & 2 Ph. & M. c. 8.)
  5. ^Act of Supremacy 1558 (1 Eliz. 1. c. 1)

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