Compassing or imagining the king's death. 2. As to the king's ofice in the administration of justice, 3. As to the king's seal. 4. As to the king's coin. 1. As to the king, his wife, or children. In respect of this first kind of treason, it is thus declared, the said. stat. 25 Ed. 3. stut.5. c. 2. Whereas divers opinions have been before this time, in mla case treason shall be said, and in what not; the kingd request of the lords and of the commons, hath made a declara in the manner as hereafter followeth: that is to say, (1) When a man doth compass or imagine the death of lord the king; (2) Or my lady his queen; (3) Or of their eldest son and heir ; (4) Or if a man do violate the king's companion ; (6) Or the wife of the king's eldest son and heir; (7) Or if a man do levy war against our lord the king i his realm; (8) Or be adherent to the king's enemies, in kis giving them aid and comfort in the realm or elsewhere ; And thereof be provablement [that is, saith Foster®, full proof] attainted of, upon deed, by the people of their dition. Compass or imagine the king's death.] These words been so strictly followed, that where a king has been actual murdered, yet not the killing him, but the compassing his has in the indictment been laid as the treason, and the i as an overt act thereof. 1 Hawk. c. 17. s. 8. For wherever a design upon his life is manifest by an act, this, although the design be not afterwards carried inta ecution, is high treason, inasmuch as the words of the are, doth compass or imagine. 1 Hale's Hist. 119. 17. And such compassing the king's death may be manifeste only by overt acts of a direct conspiracy to take away he but also by such as shew such a design as cannot be eaed without the apparent peril thereof. 1 Hawk, e, 17. & §. Or as Foster expresses himself, every thing wilfully and liberately designed or attempted to be done, whereby the his majesty may be endangered. Fost. Cr. L. 195. As if a man write letters to a foreign prince, inciting his invade the realm or assemble men together, in order to prison or depose the king; or to compei him by force to * Foster's Cr. L. 290. to certain demands; or to levy war against his person; because all these measures have a natural tendency to bring the king's life into danger. 1 Hawk. c. 17. s. 9. But the guilt commences only, when some measure shall appear to have been taken to effectuate the guilty purpose. Ed. Prin. Pen. L. 121. 1 Hale's Hist. 119. Kel. 17. Or if a man do levy war.] As to this kind of treason, it is Levying war to be observed, that not only those who directly rebel against against the he king, and take up arms in order to dethrone him, butking. lso in many other cases, those who in a violent and forible manner withstand his lawful authority, or endeavour to eform his government, are said to levy war against him. 1 Hawk. c. 17. s. 23. And therefore those that hold a fort or castle against the ing's forces, or keep together armed numbers of men against he king's express command, have been adjudged to levy war gainst him. 1 Hawk. c. 17. s. 24. But those who join themselves to rebels or enemies, for ar of death, and retire as soon as they dare, seem no way to e guilty of this offence; it is, however, incumbent on the party ho maketh fear and compulsion his defence to shew to the tisfaction of the court and jury, that the compulsion contined during all the time he staid. 1 Hawk. c. 17. s. 24. bster's Cr. L. 216. But an apprehension, though ever so well grounded, of iving houses burnt, or estates wasted, or cattle destroyed, or "any other injury of the like kind, however enormous or spending it may be, will not excuse, in the case of joining and arching with rebels; for every artful leader of a rebellion ight casily contrive to furnish his followers with this excuse. St. Tri. 56. Foster's Cr. L. 217. 4 Black. Com. 80. 3. Those also who make an insurrection in order to redress a ablic grievance, whether it be a real or pretended one, and of eir own authority to attempt with force to redress it, are said levy war against the king, although they have no direct de gn against his person, inasmuch as they insolently invade his rerogative, by attempting to do that by private authority, hich he by public justice ought to do; which manifestly tends › a downright rebellion as where great numbers by force ttempt to remove certain persons from the king;-or to lay iolent hands on a privy councellor ;-or to revenge themselves gainst a magistrate for executing his office ;-or to bring down e price of victuals; or to reform the law of religion ;—or to orce the repeal of a law ;-or to pull down all bawdy houses; -or to remove all inclosures in general. 1 Hawk. c. 17. s. 25. Doug. Svo. ed. 591. But where a number of men rise to remove a grievance to heir private interest, as to pull down a particular inclosure, as renching upon their common, or the like, they are only rioters, Hawk. a. 17. s. 25. And in a special verdict, not only those who are expressly found to have been aiding and assisting a rebellious insurrection but perhaps, also, those who are only found to have acted in the execution of the intended violence, or to have attended the principal offender from the beginning, though they be not fout! to have known the design of the rising, shall be adjudged guilty of high treason. 1 Hawk. c. 17. s. 26. But those who are found only to have suddenly joined wi them in the streets, and to have flung up their hats, and hal ed with them, are guilty of no greater offence than a riot atmut 1 Hawk. c. 17. s. 26. And it is certain that a bare conspiracy to lecy such a ta cannot amount to treason, unless it be actually levied. 1 Hant c. 17. 8. 27. Yet it hath been resolved that a conspiracy to levy against the king's person, may be alleged as an overt acti compassing his death; and that in all cases, if the treasba t actually completed, the conspirators are traitors as much as th actors: and that there may be a levying war when there is actual fighting. 1 Hawk. c. 17. s. 27. Adhering to the Or be adherent to the king's enemies.] This kind of treas King's enemies. is explained by the words subsequent, giving aid and comfatta to them; from which it appears, that any assistance gites aliens in open hostility against the king, as by surrendeng castle of the king's to them for reward, or selling them or the like, or assisting the king's enemies against his gi or cruizing in a ship with enemies, to the intent to destry king's subjects, is clearly within this branch. 1 Hunk, & s. 28. &c. of his ma compel a Persons who By 36 Geo. 3. c. 7, if any person whatsoever, during shall compass, natural life of our most gracious sovereign lord the kay devise, &c. the until the end of the next session of parliament after a dem death, restraint, the crown, shall, within the realm or without, compass, ittar jesty or his invent, devise or intend death or destruction, or any bo heirs, or to de- harm tending to death or destruction, maim, or worsen pose them, or imprisonment or restraint, of the person of the same our sa to levy war to reign lord the king, his heirs and successors, or to deprire or change of pose him or them from the style, honour, or kingly name, measures, &c. to imperial crown of this realm, or of any other of his maja be deemed trai- dominions or countries; or to levy war against his majesty heirs and successors, within this realm, in order, by force constraint, to compel him or them to change his or their sures or counsels, or in order to put any force or constr upon, or to intimidate or overawe, both houses, or ad house of parliament; or to move or stir any foreigner or strac with force to invade this realm, or any other his majesty's dem nions or countries under the obeisance of his majesty, his b and successors; and such compassings, imaginations, inventia devises, or intentions, or any of them, shall express, utter. declare by publishing any printing or writing, or by overt act or deed; being legally convicted thereof, upon tors. aths of two witnessess, upon trial, or otherwise convicted attainted by due course of law, then every such person all be adjudged a traitor, and suffer pains of death, and also se and forfeit as in cases of high treason. s. 1. But all persons that shall at any time be accused, or indicted Persons accusprosecuted, for any offence made treason by this act shall ed to be entit entitled to the benefit of the act 7 Will. 3. c. 3, and also led to benefit of the provisions made by 7 Ann. c. 11. s. 5. Will. 3. & Ann. Home overt act must be alledged in every indictment of high Overt acts. son in compassing the death of the king, or levying war, or ering to the king's enemies; but as there hath been some stion concerning what shall be said to be such an overt act, ill be proper to consider, 1st, What facts amount to such an tact? 2dly, Whether any words be sufficient? 1 Hawk. 7. s. 29. son. ) It seems clearly agreed by all, that conspiring the king's 1st. What facts h, and providing weapons to effect it, or sending letters to amount to trea> others to procure it, or actually assembling people, in to take the king into their power, and all other such like rious facts, done in pursuance of a treasonable purpose 1st the king's person, may be alledged as an overt act, to the compassing his death. 1 Hawk. c. 17. s. 30. has also been adjudged, that the levying war against the › person ;—or the bare consulting to levy such war;—or ng together and consulting the means to destroy the king is government, although no method of killing be agreed -or assembling with others, and procuring them to at the king's death; or listing men in order to depose the may be alledged as overt acts, to prove the compass› king's death. 1 Hawk, c. 17. s. 31. > the publishing of written or printed words, containing able positions, tending to alienate the affections of the from the king; as, if a book be published, in which it ted, that it is high time for the people to take the governto their own hands; and that it is honourable and con bus to throw off all allegiance, and to put the king to or the like; is an overt act of compassing or imagining g's death. Kel. 22, 23. soliciting a prince in amity with the crown to invade Im, is an overt act of the intention to levy war, and may das an overt act of compassing the king's death. 14. 1 Hale's Hist. 167. the sending letters of advice or intelligence to the suba state at war with the king, although they be intercephe post-office, and do not go, is an overt act of adhere king's enemies. 1 Burrow's Rep. 612. Foster's 217. he party in sending, did all he could; the treason was e on his part though it had not the effect he intended. Cr. L. 217. IV. 3 S overt act of treason. Whether words (2) As to the second point; It has been a great question, amount to an whether words only spoken can amount to an overt set of compassing the king's death? and the subject has been very much considered by all the writers upon crown law ;* but at this day it seems to be clearly agreed, that by the common liv, and the stat. of Ed. 3. words spoken in the mere beat of blood, and not relative to any act or design, amount only to a hig misdemeanor, and are not overt acts of treason; but if they be uttered in contemplation of some traitorous purpose atully on foot or intended, and in prosecution of it, it is othe 4 Black. Com. 80. Foster's Cr. L. 200. 2. As to the king's office in the administration of justi This second kind of treason is expressed by the said t the king's jus-25 Ed. 3. stat. 5. c. 2, in the words following: Treason as to tices. Counterfeiting If any man slay the chancellor, treasurer, or the king justices of the one bench or the other, justices in eyre, 'justices of assize, and all other justices assigned to hear ❝ determine, being in their places doing their offices.' And by 7 Ann. c. 11, to slay any of the lords of se or justiciary in Scotland, in the exercise of their office, is treason. s. 8. It hath been holden, that the above part of the stat. Në 3. shall not be extended by equity, to any other high of state besides those expressly named; nor even to th when they are not in the actual execution of their t nor to any attempt to kill them; nor even to the wounding of them, unless death ensue. 1 Hawk. s. 47. 3. As to the king's seal. This third kind of high treason, relating to the king the king's seal. is said to have been high treason at the common law, expressed by the said stat. 25 Ed. 3. stat. 5. c. 2. in the lowing words; And if a man counterfeit the king's great or pricy se Also by 1 Mar. stat. 2. c. 6, the counterfeiting the sig nual or privy signet is made high treason. And by 7 Ann. c. 21, to counterfeit the seals 'continued in Scotland, according to the 24th article act of union is high treason.' In the construction of the stat. 25 Ed. 3, it hath been that it does extend to the aiders and consenters to such feiting, as well as to the actors; but not to an intent passing to do it, if it be not actually done;-nor to the * See 3 Inst. 14. 140. 1 Hale's Hist. 111. to 120, and $19 1 Hawk. c. 17, s. 32 to 45. Foster's Cr. L. 196 to 907. |
