Casement, an anti-Imperialist, was accused of treasonous acts in Germany during World War I. Under Britain’s Treason Act of 1351 (yes—1351), treason was committed:
If a man do levy war against our Lord the King in his realm,
or be adherent to the King’s enemies in his realm, giving to them aid and
conform in the realm, or elsewhere….
The Crown alleged Casement had
given aid to the King’s enemies in Germany.
Casement’s counsel argued that the Act applied only to activities
carried out in Britain or on British soil.
Because of the existence of the comma after “giving to them aid and
conform in the realm,” the court determined that a person could be guilty of
treason if he gave aid to an enemy of the British Empire on British soil “or
elsewhere.” Because Casement aided
enemies of the Empire in Germany, he was convicted of treason and hanged in
1916.
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