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Treason Act 1397
The Treason Act 1397 (21 Ric.2 c. 12) was an Act of the Parliament of England. It was supplemented by six other Acts (21 Ric.2 cc. 2, 3, 4, 6, 7 and 20). The seven Acts together dealt with high treason.
This legislation was passed during the final years of King Richard II's turbulent reign. The main Act (c.12) was a lengthy document setting out several new crimes which were to be treason. Another Act (c.3) confirmed that to "compasseth or purpose the death of the king, or to depose him," as well as the making of war against him in his realm, were treasonous acts. This act has been incorrectly identified as having gone further than the Treason Act 1351,〔25 Edw.3 St. 5 c. 2〕 a notion that originated in a misconceived scholarly suggestion that the earlier act required an overt act to have been committed in order to merit as a treasonous offence.〔William Blackstone, ''Commentaries on the Laws of England'' (1765–1769) (Book IV, chapter 6: "Of High Treason." ) "But, as this compassing or imagination is an act of the mind, it cannot possibly fall under any judicial cognizance, unless it be demonstrated by some open, or overt, act."〕 In point of fact, the 1352 statute requires no overt act for conviction, and it is applicable to a wide range of situations.〔Paul Strohm, "England's Empty Throne: Usurpation and the Language of Legitimation, 1399-1422" (1998) p. 26.〕 "To compass or imagine" the death of the king is to commit treason, whether or not a concrete action ensues, and the evidence of words spoken or written is subordinate to (although clearly contributory to) a determination.〔Samuel Rezneck, "Constructive Treason by Words in the Fifteenth Century", ''American Historical Review'' 33 (1927), pp. 544-552. "Before 1352 as after, the essence of treason is to be found in the intent to compass the death of the king; everything else, words included, was to be regarded as the outward manifestation and as the proof of that intent." Rezneck added that the fifteenth-century indictment for treason "was a narrative tending toward exhaustive comprehensiveness," and that when spoken words were changed they were part of a "manifold narrative" designed to establish the compassing and imagining of the king's death. See also J G Bellamy, The Law of Treason in England in the Later Middle Ages, CUP, Appendix I (2004 ed.) (), especially pp. 120-123〕 A third Act (c.4) also made it treason "to attempt to repeal any Judgments made by Parliament against certain traitors" (i.e. acts of attainder). A fourth Act (c.6) disqualified the sons of traitors from sitting in Parliament or the King's Council. A fifth Act (c.7) voided all "Annuities, Fees, Corodies, and all other Charges made or granted" by traitors after the date of the treason they were convicted of. A sixth Act (c.2) made it treason to set up any commission which was prejudicial to the king (this was in response to a commission of Lords Appellant which had been set up by Parliament in 1386, against Richard's will〔10 Ric 2 c. 1 (1386)〕). The last Act (c.20) made it treason to "pursue to repeal any of these statutes."
The new treasons created by Richard were abolished by another Act passed in the first year of his successor, Henry IV (1399), which returned the law of treason to what it had been under the Treason Act 1351.〔1 Hen.4 c. 10〕 This Act explained the reason for the repeal:
The jurist Sir William Blackstone wrote in his ''Commentaries on the Laws of England'':
==Detail of provisions==
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