Treason Act 1351
From Biocrawler, the free encyclopedia.
The Treason Act 1351 is an Act of the English Parliament which attempted to codify all existing forms of Treason. It is one of the earliest English Statutes still in force, although it has been significantly amended. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason".
Description
The act distinguishes two varieties of treason: high treason and petty treason. The distinction being the consequences of being convicted: for a high treason, not only was the penalty death but the traitor's property would escheat to the Crown; in the case of a petty treason property escheated only to the traitor's immediate Lord.
Petty treason was the murder of one's lawful superior: that is if a servant kills his master, a wife her husband or anyone their prelate.
A person was guilty of high treason under the act if they:
- compassed or imagined the death of the King, his wife or his eldest son and heir;
- violated the King's companion, the King's eldest daughter if she was unmarried or the wife of the King's eldest son and heir;
- levy war against the King in his Realm, or adhere to the King's enemies in his Realm, giving them aid and comfort;
- counterfeit the Great Seal, the Privy Seal or any of the King's money;
- import counterfeit English money;
- kill the Chancellor, Treasurer, one of the King's Justices (either of the King's Bench or the Common Pleas), a Justice in Eyre or an Assize judge, while they are performing their offices;
The Act contained a curious feature, in that it envisaged that further forms of treason would arise that would not be covered by the act, so it legislated for this possibility:
And because that many other like Cases of Treason may happen in Time to come, which a Man cannot think nor declare at this present Time; it is accorded, That if any other Case, supposed Treason, which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament, whether it ought to be judged Treason or other Felony.
