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nefit of clergy; and by a previous act, 5 Geo. IV. c. 17, such offences may be inquired of either under 28 Hen. VIII. c. 15, or 46 Geo. III. c. 54.

By 7 Geo. IV. c. 38, any commissioner for trying offences committed within the jurisdiction of the Admiralty, or named in commission under 46 Geo. III. c. 54, or any justice of the peace in the United Kingdom, may take informations and commit for piracy, &c.

The act as to larceny and offences connected therewith, 7 & 8 Geo. IV. c. 29, s. 77; the act as to malicious injuries to property, 7 & 8 Geo. IV. c. 30, s. 43; the act as to offences against the person, 9 Geo. IV. c. 31, s. 32; the forgery act, 11 Geo. IV. and 1 Will. IV. c. 66, s. 27, and the act as to offences against the coin, 2 Will. IV. c. 34, s. 20, each provide that offences punishable under these acts, if committed within the Admiralty jurisdiction, shall be dealt with as any other offence committed within that jurisdiction.

CHAPTER VI.

OF TREASON.

The offence of treason at common law was somewhat indeterminate.-4 Bl. C. 75.

To prevent the inconvenience which arose from construing offences to amount to treason according to the discretion of the judges, and to determine what offences only for the future should be so considered, the statute 25th Edw. III. c. 2, was made, (confirmed by 36 Geo. III. c. 7, and made perpetual by 57 Geo. III. c. 6. s.9; vide post, 36.) Under this statute, the offence of treason consists of six branches:

1. "When a man doth compass or imagine the death of our lord the king, of our lady his queen, or of their eldest son and heir."

A queen regnant is within the act, but not her consort. -1 Hale, P. C. 101, 106; 3 Inst. 7.

The king intended is the king in possession, whether de jure or de facto.-1 Hale, P. C. 104; 3 Inst. 7.

A king, who has resigned his crown with the sanction of parliament, cannot be the subject of treason.—1 Hale, P. C. 104.

The compassing (viz. designing) is the treason; the overt act is considered only as the means made use of to effectuate the treason.-Fost. 194; 4 Bl. C. 79, note by Chr.

But there can be no conviction either for compassing the king's death or for the three next mentioned species of treason, unless an overt act be alleged and proved, and that by two witnesses; for the statute requires "that the

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accused be thereof, upon sufficient proof, attainted of some open act by men of his own condition."

And see 7 Will. III. c. 3, post, 39.

Everything wilfully or deliberately done or attempted, whereby the king's life may be endangered, is an overt act of compassing his death.-Fost. 195.

Killing the king is but an act of compassing his death, and was so laid in the case of the regicides.-Kel. 8. So conspiring to imprison him by force, is an overt act of treason. Fost. 194.

Or to depose him.—Ibid.

Or to get his person into the power of the conspirators. -Ibid.

So writings inciting persons to kill the king are overt acts of treason, if published.-Pryn's case, Cro. Car. 117; Arch. 375.

Or words persuading to kill the king.-Fost. 195, 204; 4 St. Tr. 562; 2 Salk. 631.

But not words (nor perhaps writings), if merely speculative, and not with specific design.-Fost. 200, 205; 3 St. Tr. 79, 90; 4 Bl. C. 81.

So other offences, hereafter mentioned, which are distinct treason in themselves, may be laid as overt acts of compassing, e. g. levying war directly against the king.-Arch. 375, and the authorities there cited.

2. "If a man do violate the king's companion, or the king's eldest daughter, unmarried, or the wife of the king's eldest son and heir."

By companion is meant wife.-4 Bl. C. 81.

By violation, carnal knowledge with or without force.-Ibid.

This is treason in both parties, if both be consenting.Ibid.

To violate a queen or princess dowager is no treason.3 Inst. 9.

3. "If a man do levy war against our lord the king in his realm."

This may be by taking arms, not only to dethrone the

king, but under pretence to reform religion or the laws, or remove evil counsellors or other grievances, either real or pretended.-1 Hawk. P. C. 37.

Or by an insurrection with a general design, e. g. to throw down all inclosures and the like.-1 Hale, P. C. 132. But not with a private and particular design, e. g. to pull down a particular inclosure.-Ibid. 131.

4. "If a man be adherent to the king's enemies in his realm, giving to them aid and comfort in the realm or elsewhere."

This may be by giving them intelligence, sending them provision, selling them arms, treacherously surrendering a fortress or the like.-3 Inst. 10; 1 Burr. 650; 6 T. R. 527.

By "enemies" are meant the subjects of foreign powers with whom we are at open war.-4 Bl. C. 83.

But the same aid to our fellow subjects, in actual rebellion at home, would be a treasonable "levying of war."— Fost. 216; 4 Bl. C. 83.

5. "If a man counterfeit the king's great or privy seal." 6. "If a man slay the chancellor, treasurer, or the king's justices of the one bench or the other, justices in eyre or justices of assize, and all other justices assigned to hear and determine, being in their places, doing their offices." The statute extends only to an actual killing, and not to the mere attempt.-4 Bl. C. 84.

It does not extend to the Barons of the Exchequer.— Ibid.

But by virtue of 5 Eliz. c. 18, and 1 W. & M. c. 21, it seems to extend to the lord keeper or commissioners of the great seal.-Ibid.

By 1 Edw. VI. c. 12, and I Mary, c. 1, it was provided that notwithstanding several statutes constituting new treasons since the 25 Edw. III., all treason should remain upon the footing of the 25 Edw. III.

But since the 1 Mary, c. 1, many new treasons have been created.

1. By 5 Eliz. c. 1, s. 1, 10, 11, to defend the Pope's jurisdiction, heretofore claimed in this realm, is for the first

time a heavy misdemeanor, and after conviction for the first offence treason.

2. By 27 Eliz. c. 2, if any popish priest, born in the dominions of the crown of England, shall come over hither from beyond the seas, unless driven by stress of weather, and departing in a reasonable time, and shall tarry here three days without conforming to the church and taking the oaths, he is guilty of treason.-4 Bl. C. 87. And as to the oath, see 31 Geo. 3, c. 32, s. 4.

3. By 3 Jac. 1, c. 4, s. 23, if any natural-born subject be withdrawn from his allegiance, and be reconciled or promise obedience to the Pope or See of Rome, or any other prince or state, both he and all such as procure such reconciliation are guilty of treason.

4. By 1 Anne, stat. 2, c. 17, if any person shall endeavour to deprive or hinder any person being the next in succession to the crown, according to the act of settlement, from succeeding to the crown, and shall maliciously and directly attempt the same by any overt act, such offence shall be treason.

5. By 6 Anne, c. 7, if any person shall maliciously, advisedly and directly, by writing or printing, maintain and affirm that any other person hath any right or title to the crown of this realm otherwise than according to the act of settlement, or that the kings of this realm, with the authority of parliament, are not able to make laws and statutes to bind the crown and the descent thereof, such person shall be guilty of treason.

6. By 7 Anne, c. 21, s. 8, 9, it is made treason to slay any of the lords of session or lords of justiciary sitting in judgment in Scotland, or to counterfeit the king's seals appointed by the act of union.

7. By 36 Geo. III. c. 7, (made perpetual by 57 Geo. III. c. 6,) if any person shall, within the realm or without, compass, imagine, or intend death, destruction, or any bodily harm to the person of the king, or to depose him, or to levy war within this realm, in order by force to compel him to change his measures or counsels, or to overawe either

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