The Treasonous Comma: Roger Casement and the 1351 Act

The Treasonous Comma: Roger Casement and the 1351 Act

In 1916, the fate of Sir Roger Casement hinged on the interpretation of a medieval statute. This episode explores the 'hanged on a comma' case, the 19th-century legal doctrine that punctuation wasn't actually part of the law, and how a printer's mark became a matter of life and death.

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Show notes

Roger Casement was convicted of treason based on a single comma in a thirteen fifty-one statute.

The court debated whether treasonous acts committed outside British soil were punishable by death.

Original medieval laws used hand-inked slashes called virgules instead of modern punctuation marks.

Nineteenth-century legal drafters avoided all punctuation to prevent printer errors from changing the law.

Judges prioritized the original Parliament Roll over printed versions to verify the statute's true meaning.

The defense argued that a comma incorrectly expanded the definition of a capital crime.

In this episode
  1. 01Intro1 min
  2. 02The Myth of the Saved Life3 min
  3. 03The Medieval Syntax of Treason3 min
  4. 04The Doctrine of the Invisible Mark3 min
  5. 05The Legacy of the Unpunctuated Law2 min
  6. 06Outro1 min
Sources
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The Treasonous Comma: Roger Casement and the 1351 Act — Fylom