Treason Act 1495
Encyclopedia
The Treason Act 1495, which is sometimes referred to as the Rex de facto statute, is an Act
of the Parliament of England
which was passed in the reign of Henry VII of England
. The long title
of the Act is "An Acte that noe person going wth the Kinge to the Warres shalbe attaynt of treason."
Henry had become king after defeating Richard III
in the Battle of Bosworth on August 22, 1485. However he backdated the start of his reign to August 21, the day before the battle, enabling him to prosecute anyone who had fought under his rival, and to execute them for treason
. This was highly controversial at the time, since it meant that, in a future battle, anyone who fought for the rightful king against a usurper
would be at risk of execution if they lost, and this might undermine their courage in battle and their loyalty to their king. Nevertheless, Henry VII had his way at the time as Parliament was then in no position to oppose him.
However, ten years later Henry's position on the throne was sufficiently secure that he could afford to grant Parliament what they wanted, when in 1495 they passed a bill to prevent the treason laws from being abused in this way again. The resulting Act is still in force today, and also applies to Scotland.
The Act states that a person serving the king de facto
for the time being is not guilty of treason, or of any other offence, if he wages war against the king de jure
.
The Act was cited by Sir Harry Vane
in his treason trial in 1662 following the Restoration
. He was one of those accused of serving with Oliver Cromwell
against the king during the English Civil War
, and in his defence he relied upon the Act. However the court ruled that the 1495 Act was only intended to protect those who fought for a king, not to protect republican rebels who fought to abolish the monarchy
. He was convicted and executed.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
which was passed in the reign of Henry VII of England
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
. The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the Act is "An Acte that noe person going wth the Kinge to the Warres shalbe attaynt of treason."
Henry had become king after defeating Richard III
Richard III of England
Richard III was King of England for two years, from 1483 until his death in 1485 during the Battle of Bosworth Field. He was the last king of the House of York and the last of the Plantagenet dynasty...
in the Battle of Bosworth on August 22, 1485. However he backdated the start of his reign to August 21, the day before the battle, enabling him to prosecute anyone who had fought under his rival, and to execute them for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. This was highly controversial at the time, since it meant that, in a future battle, anyone who fought for the rightful king against a usurper
Usurper
Usurper is a derogatory term used to describe either an illegitimate or controversial claimant to the power; often, but not always in a monarchy, or a person who succeeds in establishing himself as a monarch without inheriting the throne, or any other person exercising authority unconstitutionally...
would be at risk of execution if they lost, and this might undermine their courage in battle and their loyalty to their king. Nevertheless, Henry VII had his way at the time as Parliament was then in no position to oppose him.
However, ten years later Henry's position on the throne was sufficiently secure that he could afford to grant Parliament what they wanted, when in 1495 they passed a bill to prevent the treason laws from being abused in this way again. The resulting Act is still in force today, and also applies to Scotland.
The Act states that a person serving the king de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
for the time being is not guilty of treason, or of any other offence, if he wages war against the king de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
.
The Act was cited by Sir Harry Vane
Henry Vane the Younger
Sir Henry Vane , son of Henry Vane the Elder , was an English politician, statesman, and colonial governor...
in his treason trial in 1662 following the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
. He was one of those accused of serving with Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
against the king during the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, and in his defence he relied upon the Act. However the court ruled that the 1495 Act was only intended to protect those who fought for a king, not to protect republican rebels who fought to abolish the monarchy
British monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
. He was convicted and executed.