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Encyclopedia > Petty treason

Petty treason is, in English common law, any betrayal of a superior by a subordinate. It differs from the better-known high treason in that high treason can only be committed against the sovereign. This law has fallen into desuetude, and petty treason ceased to be a distinct offence from murder in 1793. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Under English, and later British law, high treason is the crime of disloyalty to the Sovereign. ... In law, desuetude (from the French word désuet, outdated) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time; it is what happens to unrepealed laws when they become obsolete. ... 1793 was a common year starting on Tuesday (see link for calendar). ...


Examples of crimes that would come under the heading of "petty treason" would be a wife killing her husband, a cleric killing his ecclesiastical superior, or a servant killing his master or mistress. The element of betrayal is the reason why this crime was considered worse than an ordinary murder; medieval and post-medieval society rested on a framework in which each person had his or her appointed place and such murders were seen as threatening this framework. Many people had somebody subordinate to them and feared the consequences if the murder of superiors was not punished harshly.


The most common form of petty treason was a wife murdering her husband and, up until the abolition of this form of punishment, husband-murderers were burned at the stake. The law offered a modicum of mercy to women who were to be executed in this fashion: the executioner was equipped with a cord passed around the victim's throat and, standing outside of the fire, would pull it tight, strangling her before the flames could reach her. In a few instances, things went wrong, with the cord burning through and the victim burning alive; the ensuing scandals were part of what led to the abolition of this punishment and its substitution by hanging. Burning of two sodomites at the stake (execution of individuals by fire. ... Hanging is a form of execution or a method for suicide. ...


External links


  Results from FactBites:
 
Treason - LoveToKnow 1911 (6370 words)
The offence of high treason was not precisely defined by the common law (1 Hale, 76), and until the passing of the Treason Act 1351 depended much on the opinions of the king and his judges.
Thus, by one act of 1534 it was treason not to believe Mary illegitimate and Elizabeth legitimate; by another act of 1536 it was treason to believe either legitimate; by an act of 1543 it was treason not to believe both legitimate.
The punishment of treason at common law was barbarous in the extreme.' The sentence in the case of a man was that the offender be drawn on a hurdle to the place of execu- meni.
  More results at FactBites »


 

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