TREASON. 



down in writing, it argues more deliberate intention ; and 

 it has been held, that .vriting is an overt act of treafon ; for 

 fcribere eft agere. But even in this cafe, the bare words are 

 not the "treafon, but the deliberate aft of writing them. It 

 was formerly held, that the publication of a treafonable 

 writing was a fufficient overt adl of treafon at the common 

 law ; though of late even that has been queflioned. 



2. The fecond fpecies of treafon is, " if a man do violate 

 the king's companion, or the king's eldeft. daughter un- 

 married, or the wife of the king's eldeft fon and heir." By 

 the king's companion is meant his wife, and by violation is 

 underftood carnal knowledge, as well without force, as with 

 it ; and this is high-treafon in both parties, if both be con- 

 fenting. 



3. The third fpecies of treafon is, " if a man do levy 

 war againft our lord the king in his realm." And this may 

 be done by taking arms, not only to dethrone the king, but 

 under pretence to reform religion, or the laws ; or to remove 

 evil counfellors, or their grievances, whether real or pre- 

 tended ; and by intimidation and violence to force the re- 

 peal of law. 



4. " If a man be adherent to the king's enemies in his 

 realm, giving to them aid and comfort in the realm, or elfe- 

 where," he is alfo declared guilty of high-treafon. This 

 muft Ukewife be proved by fome overt aft, as by giving 

 them intelligence, by fending them provifions, by felling 

 them arms, by treacheroufly furrendering a fortrefs, or the 

 like. 



5. " If a man counterfeit the king's great or privy-feal," 

 this is alfo high-treafon. 



6. The fixth fpecies of treafon under this ftatute is, " if 

 a man counterfeit the king's money ; and if a man bring 

 falfe money into iIk- realm counterfeit to the money of 

 England, knowing the money to be falfe, to merchandife 

 and make payment withal." Counterfeiting the king's 

 money is treafon, whether the falfe money be uttered in 

 pajTnent, or not. Alfo if the king's own minters alter the 

 ftandard or alloy eftablilhed by law, it is treafon. But 

 gold and filver money only are held to be within this 

 ftatute. With regard, likewife, to importing foreign coun- 

 terfeit money, in order to utter it here ; it is held that 

 uttering it, without importing it, is not within the ftatute. 



7. The laft fpecies of treafon afcertained by this ftatute 

 is, " if a man flay the chancellor, treafurer, or the king's 

 juftices of the one bench or the other, juftices in ej-re, or 

 juftices of affize, and all other juftices afligned to hear and 

 determine, being in their places doing their offices." This 

 ftatute extends only to the aftual killing of them, and not 

 to a wounding, or bare attempt to kill them. The barons 

 of the exchequer are not within the proteftion of this aft ; 

 but the lord keeper or commiffioners of the great feal now 

 feem to be within it, by virtue of the ftatute 5 Ehz. c. 18. 

 and I W. & M. c. 21. 



The new treafons created fince the ftatute i M. c. I. 

 and not comprehended under the defcription of ftatute 

 25 Edw. III. may be comprifed under three heads. The 

 firft fpecies relates to Papifts ; the fecond, to falfifying the 

 coin (fee Br'iUjh CoiNs) or other royal fignatures; as faJfelv 

 forging the fign manual, privj' fignet or privy feal, which 

 ftiall be deemed high-treafon. ( i M. ft. ii. c. 6.) The third 

 new fpecies of high-treafon, is fuch as was created for the 

 fecurity of the Proteftant fucceffion in the houfe of Ha- 

 nover. For this purpofe, after the Aft of Settlement was 

 made, it was enafted by ftatute 13 & i4Wiil. III. c. ■5. that 

 the pretended prince of Wales, afl"uming the title of king 

 James III., ftiould be attainted of high-treafon ; and it was 

 jjiade high-treafon for any of the king's fubjeds to hold cor- 



I 



refpondence with him or any perfon employed by him, or to 

 remit money for his ufe. And by 17 Geo. II. c. 39. it is 

 enafted, that if any of the fons of the Pretender ftiall land 

 or attempt to land in this kingdom, or be found in the king- 

 dom or any of its dominions, he ftiall be adjudged attainted 

 of high-treafon ; and correfponding with them or remitting 

 money to their ufe, is made high-treafon. By I Ann. ftat. 2. 

 c. 17. the offence of hindering the next in fucceffion from fuc- 

 ceeding to the crown is high-treafon : and by 6 Ann. c. 7. if 

 any perfon ftiall malicioufly, advifedly , and direftly , by writing' 

 or printing, maintain, that any other perfon hath any right 

 to the crown of this realm, otherwife than according to the 

 Aft of Settlement, or that the kings of this realm, with the 

 authority of parliament, are not able to make laws to bind 

 the crown and its defcent ; fuch perfon ftiall be guilty of 

 high-treafon. 



The punifliment of high-treafon in general is very folemn 

 and terrible, i . That the offender be drawn to the gallows, 

 and not be carried or walk ; though ufually (by connivance, 

 at length ripened by humanity into law) a fledge or hurdle 

 is allowed, to preferve the offender from the extreme tor- 

 ment of being dragged on the ground or pavement. 2. That 

 he be hanged by the neck, and then cut down alive. 3, That 

 his entrails be taken out, and burned, while he is yet ahve. 

 4. That his head be cut off. 5. That his body be divided 

 into four parts. 6. That his head and quarters be at the 

 king's difpofal. 



The king may, and often doth, difcharge all the punifli- 

 ment, except beheading, efpecially where any of noble blood 

 are attainted. For beheading being part of the judgment, J 

 that may be executed, though all the reft be omitted by the 

 king's command. But where beheading is no part of the 

 judgment, as in murder or other felonies, it hath been faid 

 that the king cannot change the judgment, although at the 

 requeft of the party, from one fpecies of death to anotherJ 

 See Execution. 



In the cafe of coining, the puniffiment is milder for mala 

 offenders ; being only to be drawn, and hanged by the neci 

 till dead. But in treafons of every kind, the punifliment ofi 

 women is the fame, and different from that of men : for, 

 the decency due to the fex forbids the expofing and pubhclj 

 mangling of their bodies, their fentence is to be drawn to thd 

 gallows, and there to be burnt alive. 



The confequences of the judgment pronounced upon 

 traitor are attainder, forfeiture, and corruption of blood. Sa 

 AxTAINDEli, &c. 



It is a maxim, that, in majori proditione, omnes funi princiA 

 pales, there are no acceffories in high-treafon, all are accounteq 

 principals. 



Alfo, that •voluntas non reputabitur pro fa9o, nlfi in caufA 

 prodilionis, the will is never taken for the deed in any oaleJ 

 but in that of high-treafon. See Indictment. 



Treason, i'£//'j'orPrtiV,accordingtothe ftat. 25 Edw. IIIJ 

 c. 2. may happen three ways : by a fervant icilling hig 

 mafter, a wife her hufl^and, or an ecclefiaftical perfon (eithe 

 fecular or regular) his fuperior, to whom he owes faith and 

 obedience. A fervant, who kills his mafter whom he ha 

 left, upon a grudge conceived againft him during his ferviceJ 

 is guilty of petit treafon : fo if a wife be divorced a menfa i 

 thoro, ftill the vinculum matrimonii fublifts ; and if flie kil 

 fuch divorced huft)and, ftie<is a traitorefs ; and if a clergyma 

 is underftood to owe canonical obedience to the biftiop who 

 ordained him, to him in whofe diocefe he is beneficed, 

 alfo to the metropohtan of fuch fuffragar or diocefan bifliopj 

 and therefore to kill any of thefe is petit treafo.i. 



A perfon indifted of petit treafon may be acquitted thcreofJ 

 and found guilty of manflaughter or murder ; and in fuch cafe,! 



itl 



