Treason Act 1790
Encyclopedia
The Treason Act 1790 was an Act
of the Parliament
of the Kingdom of Great Britain
which abolished burning at the stake as the penalty for women convicted of high treason
, petty treason
and abetting, procuring or counselling petty treason, and replaced it with drawing and hanging
.
Identical provision was made for Ireland by the Treason by Women Act (Ireland) 1796
.
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
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
(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
on 1 July 1828 by section 1 of the Offences against the Person Act 1828
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, he could order that the woman be hanged in the execution of that judgement. This was discretionary ("if he shall think proper").
This section was repealed by the Statute Law Revision Act 1871.
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 as they would have been if they had been attainted 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This section was repealed by the Statute Law Revision Act 1960.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The Act was repealed when the death penalty for treason was abolished by the Crime and Disorder Act 1998
.
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
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
which abolished burning at the stake as the penalty for women convicted of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, petty treason
Petty treason
Petty treason or petit treason was an offence under the common law of England which involved the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign...
and abetting, procuring or counselling petty treason, and replaced it with drawing and hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
.
Identical provision was made for Ireland by the Treason by Women Act (Ireland) 1796
Treason by Women Act (Ireland) 1796
The Treason by Women Act 1796 was an Act of the Parliament of the Kingdom of Ireland. It made equivalent provision to the Treason Act 1790 for Ireland....
.
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
Forfeiture Act 1870
The Forfeiture Act 1870 is a British Act of Parliament that abolished forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland...
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
Murder Act 1751
The Murder Act 1751 was an Act of the Parliament of the Kingdom of Great Britain.-Provisions:The Murder Act included the provision "for better preventing the horrid crime of murder" "that some further terror and peculiar mark of infamy be added to the punishment", and that "in no case whatsoever...
(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
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
on 1 July 1828 by section 1 of the Offences against the Person Act 1828
Offences Against the Person Act 1828
The Offences against the Person Act 1828 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
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, he could order that the woman be hanged in the execution of that judgement. This was discretionary ("if he shall think proper").
This section was repealed by the Statute Law Revision Act 1871.
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 as they would have been if they had been attainted 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
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 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...
.
See also
- Capital punishment in the United KingdomCapital punishment in the United KingdomCapital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
- High treason in the United KingdomHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Treason ActTreason ActTreason Act or Treasons Act is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences...
External links
- The Treason Act 1790 (at the time of its repeal in 1998), from the National Archives.