Legal Definitions - petit treason

The term petit treason (also known as petty treason) refers to an archaic legal concept, primarily found in English common law, which is no longer recognized as a distinct offense in modern legal systems. Historically, it described a specific type of murder that was considered more heinous than ordinary murder because it involved the killing of a superior by an inferior, where the inferior owed a special duty or allegiance to the superior.

Unlike high treason, which involved disloyalty to the sovereign or the state, petit treason involved a breach of a private, domestic, or professional allegiance. The act was seen as a betrayal of a fundamental social order or trust within a specific relationship. Such acts are now simply prosecuted as murder or aggravated murder, depending on the jurisdiction and specific circumstances.

• Example 1: A Servant Murdering Their Master

  Imagine a scenario in medieval England where a household servant, entrusted with the care of their master's estate and person, intentionally poisoned their master. In that historical context, this act would have been considered petit treason. The servant owed a duty of loyalty and service to their master, and the murder was seen not just as a crime against an individual, but as a profound betrayal of that established hierarchical relationship and trust.

• Example 2: A Wife Murdering Her Husband

  Consider a historical case where a wife, bound by marital vows and societal expectations of obedience and loyalty to her husband, deliberately killed him. Under the old common law, this act would have been classified as petit treason. The law viewed the wife as owing a special allegiance to her husband, and her act of murder was considered a betrayal of this fundamental marital and social duty, elevating it beyond a simple murder.

• Example 3: A Clergyman Murdering Their Bishop

  In a historical ecclesiastical context, if a priest or other clergyman were to murder their bishop, to whom they owed spiritual obedience and professional allegiance, this act could also have been deemed petit treason. The murder was seen as a grave breach of the hierarchical structure and trust within the church, making it a more serious offense than if the clergyman had murdered someone to whom they owed no such specific, elevated duty.