The Thoughtcrime of Anne Boleyn

Executed for "Imagining the King's Death"

Dear Reader,

Today marks the 489th anniversary of Anne Boleyn’s execution. Now, while I am a partisan of the actual wife, Boleyn was almost certainly innocent of the crimes laid against her.

Except maybe one.

Treason in the Heart

The U.S. Constitution has a remarkably brief, concise definition of treason:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

Compare that to the current definitions of treason under British common law, as summarized by the fine folks at Wikipedia:

High treason today consists of:

• Treason Act 1351 (as amended – last amended by the Succession to the Crown Act 2013):

  • compassing the death of the sovereign, or of the king's wife (but not a ruling queen's husband), or the sovereign's eldest child and heir

  • violating the king's wife, or the sovereign's eldest unmarried daughter, or the sovereign's eldest son's wife (only if the eldest son is also heir to the throne)

  • levying war against the sovereign in the realm

  • adhering to the sovereign's enemies, giving them aid and comfort, in the realm or elsewhere

  • killing the King's Chancellor, Treasurer (an office long in commission) or Justices

• Treason Act 1702 and Treason Act (Ireland) 1703:

  • attempting to hinder the succession to the throne under the Bill of Rights 1689 and the Act of Settlement 1701

• Treason Act 1708:

  • killing the Lords of Session or Lords of Justiciary in Scotland

  • (in Scots law only) counterfeiting the Great Seal of Scotland

For detail about the offences created by the 1351 Act, see § History: England and Wales…

In addition to the acts of 1351 and 1703, two additional acts passed by the old Parliament of Ireland apply to Northern Ireland alone. The following is also treason:

• Treason Act (Ireland) 1537:

  • attempting bodily harm to the king, queen, or their heirs apparent

  • attempting to deprive them of their title

  • publishing that the sovereign is a heretic, tyrant, infidel or usurper of the Crown

  • rebelliously withholding from the sovereign his fortresses, ships, artillery etc.

• Crown of Ireland Act 1542:

  • doing anything to endanger the sovereign's person

  • doing anything which might disturb or interrupt the sovereign's possession of the Crown

Although the Act of Supremacy (Ireland) 1560 (2 Eliz. 1. c. 1 (I)) is still in force, it is no longer treason to contravene it.

Much of the United Kingdom’s treason definition, if not strictly enforced, encompasses 1) personal offenses against the monarch, often vaguely defined—can protesting outside Buckingham Palace be construed as “attempting bodily harm”?— and 2) goes beyond acts to criminalizing opinions and even thoughts.

In the Medieval and Renaissance period, treason was also thoughtcrime.¹

Heads Rolled for a Joke

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