My Lords, we now move to the schedule to the Bill and another history lesson—the arcane matter of the Treason Act 1351, which most noble Lords will probably be surprised is still in existence.
One crime of treason that still exists is where a person owing allegiance to the Crown rapes either the King’s wife, the eldest daughter—if unmarried—or the wife of the eldest son and heir, who, in old French is,
“la compaigne leisne fitz & heir”.
In the past, such a person would be hung, drawn and quartered. Later, that was replaced by the death penalty, and now, following the abolition of the death penalty, the sentence would be life imprisonment. However, this crime has had no precedent in 660 years. Some people believe that two of Henry VIII’s wives, Anne Boleyn and Catherine Howard, were executed under this Act. They were alleged to have had sex with others, but the word “violer” was used, and it was likely that they were not executed under this Act but under separate treason legislation at the time.
There has therefore been no precedent after 660 years, but the amendment seeks to amend the wording of the Treason Act 1351 to,
“eldest son if the heir”.
The Minister has said that the Bill is not a vehicle for UK-specific policy. However, Graham McBain, the eminent lawyer, believes that it is ridiculous to change
a law that has no force anyway in the relevant Commonwealth countries. It has not been used in the UK for 660 years and my view is reinforced by a royal commission report of 1878 and a Law Commission report of 1972. The consequential amendment should therefore be deleted from the schedule. I beg to move.