Treason Act 1495 facts for kids
| Act of Parliament | |
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| Long title | An Acte that noe person going wth the Kinge to the Warres shalbe attaynt of treason. |
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| Citation | 11 Hen. 7. c. 1 |
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Status: Current legislation
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| Text of the Act 11 Hen. 7 1495 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Treason Act 1495 is an important law from the time of Henry VII of England. It was passed by the Parliament of England. This law protects people who serve the king who is currently in power, even if someone else claims to be the true king. It means they cannot be accused of treason for fighting for the king who is actually ruling.
Contents
Why This Law Was Needed
The Battle of Bosworth
After the Battle of Bosworth in 1485, Henry VII became King of England. He defeated Richard III. However, Henry made a tricky move. He said his reign started the day before the battle. This meant anyone who fought for Richard III could be seen as fighting against the new king. They could be accused of treason.
A Risky Situation
This was a big problem. It meant people who fought for their king might be punished if that king lost. This could make soldiers less brave or loyal. Even so, Henry VII was very powerful. Parliament could not easily stop him. Later, many who fought for Richard III were pardoned.
Henry VII's Secure Rule
By 1495, Henry VII felt much safer on his throne. He was strong enough to let Parliament pass a new law. This law was designed to stop the treason laws from being used unfairly. It aimed to protect people caught in conflicts over who should be king.
What the Act Says
Protecting Loyal Subjects
The Treason Act 1495 states something very important. If a person serves the king who is actually ruling at the time (called the king de facto), they are not guilty of treason. This is true even if they fight against someone who is considered the "rightful" king (called the king de jure). This law protects their loyalty to the ruler in charge.
An Old Legal Idea
A famous lawyer named William Blackstone said this Act simply stated what was already part of the common law. Common law is a system of law based on past court decisions.
How the Act Was Used Later
Sir Harry Vane's Trial
In 1662, the Act was mentioned in a famous trial. This was after the English Restoration, when the monarchy was brought back. Sir Harry Vane was accused of treason. He had served with Oliver Cromwell during the English Civil War. Cromwell's side had fought against the king.
The Court's Decision
Sir Harry Vane tried to use the 1495 Act to defend himself. He argued he was serving the power that was in charge at the time. However, the court disagreed. They said the Act was only meant to protect people who fought for a king. It was not meant to protect people who fought to get rid of the monarchy entirely. Sir Harry Vane was found guilty and executed.
Still in Force Today
The Treason Act 1495 is still a law today in the United Kingdom. It was also applied to Scotland later, after the Treason Act 1708 was passed.
Similar Laws Elsewhere
New Zealand's Law
Other countries have similar ideas in their laws. For example, in New Zealand, their Crimes Act 1961 has a rule. It says that obeying the laws of someone who is actually in power (has "possession de facto of the sovereign power") protects you from criminal charges.
See also
- High treason in the United Kingdom
- Treason Act
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