house of parliament, or to excite an invasion of any of his majesty's dominions, and shall express, utter or declare such intentions by publishing any printing or writing, or by any overt act, he shall be adjudged a traitor.

The bare knowledge and concealment of treason committed or to be committed, (by not revealing it as soon as conveniently may be to some judge of assize or justice of the peace,) was, at common law, treason; but by 1 & 2 Ph. & M. c. 10, s. 8, it is only misprision of treason and a high misdemeanor-the punishment of which is loss of the profits of lands during life, forfeiture of goods and imprisonment for life.-4 Bl. C. 120; 1 Hale, P. C. 374.

But any probable circumstances of assent will make it treason.-4 Bl. C. 120; 1 Hawk. P. C. 56.

By 35 Hen. VIII. c. 2, all treasons or misprisions of treason, committed out of the realm, may be tried in the Court of King's Bench by a jury of the county in which the Court sits, or by a special commission in any county of England.

By 7 Will. III. c. 3, in cases of treason, whereby corruption of blood may ensue (except treason in counterfeiting the king's seals), or misprision of such treason, no person shall be tried for the same (except an attempt to assassinate the king) unless the indictment be found within three years after the offence committed.

By the same act it is provided

That the prisoner shall have a copy of the indictment, but not the names of the witnesses, five days at least before the trial.

That he shall also have a copy of the panel of jurors two days before his trial; and

That he shall have the same process to compel witnesses to appear for him as was usual to compel appearance of witnesses against him.

That he may make his full defence by counsel, not exceeding two, to be named by the prisoner, and assigned by the court or judge; (and the privilege last mentioned is, by

20 Geo. II. c. 30, extended to parliamentary impeachment for the like offences.)

On the construction of this act, the copy of the indictment includes the caption.-Fost. 229, Append. 1.

And the five days before the trial means five days before the arraignment.-Ibid. 230.

By 7 Anne, c. 21, s. 11, all persons indicted for treason or misprision thereof, shall not only have a copy of the indictment, but a list of all witnesses that shall be produced on the trial and of the jurors impanelled, with their professions and places of abode; and copies of all indictments, with such lists, shall be delivered to the accused ten days. before the trial, and in presence of two witnesses. But this act, as far as regards treason with respect to the royal seals, is repealed by 6 Geo. III. c. 53, s. 3.

The ten days must be after bill found and before arraignment, and are exclusive of the day of delivery and arraignment, and (as it seems) of Sundays.-4 Bl. Com. 352, n. 12, by Mr. Ryland; 1 East, P. C. 112.

By 39 & 40 Geo. III. c. 93, in all cases of treason, in compassing or imagining the death of the king and misprision thereof, where the overt act alleged in the indictment is the assassination or killing of the king, or a direct attempt against his life, or any direct attempt against his person, whereby his life may be endangered or his person may suffer bodily harm, the party accused shall be indicted, arraigned, tried and attainted in the same manner, and according to the same course in every respect and npon the like evidence, as if charged with murder; and the provisions of 7 Will. III. and 7 Anne shall not apply to such treason or misprision. But the judgment and execution shall remain as in other cases of treason.

By 6 Geo. IV. c. 50, s. 21, when any person is indicted for treason or misprision thereof, in any court except the King's Bench, a list of the petty jury, with their names, professions and places of abode, shall be given at the same time that the copy of the indictment is delivered to the

party indicted, which shall be ten days before arraignment, and in the presence of two or more credible witnesses; and when any person is so indicted in the King's Bench, a copy of the indictment shall be delivered within the time and in the manner aforesaid, but the list of the petty jury, made out as aforesaid, may be delivered to the party indicted at any time after the arraignment, so that it be ten days before trial. Proviso, not to extend to any indictment for treason in compassing and imagining the death of the king, or for misprision thereof, where the overt act or acts alleged in the indictment are assassination or killing of the king, or any direct attempt against his person, whereby his life may be endangered or his person may suffer bodily harm, or to any indictment of treason for counterfeiting the king's seals.

Any number of overt acts may be laid in an indictment for treason; but if any one sufficient overt act be proved, it will maintain the count.-Kel. 8; 1 Hale, P. C. 122; Fost. 194.

By 7 & 8 Will. III. c. 3, s. 8, no evidence shall be admitted of any overt act not laid in the indictment.

But it may be given in evidence to prove another overt act laid.-4 St. Tr. 661, 697; Fost. 9, 22; 8 Mod. 82.

By 1 Ed. VI. c. 12, s. 22, and 5 & 6 Ed. VI. c. 11, s. 12, two lawful witnesses are required to convict in treason and misprision thereof, unless the accused shall willingly confess.

By 1 & 2 Ph. & M. c. 10, s. 12, this does not extend to treasons as to the king's seals or signatures.

By 7 Will. III. c.3, (vide supra, 37,) in prosecutions for treasons or misprisions of treason, to which that act extends, two witnesses are required, unless the party tried shall willingly, without violence, in open court, confess the same, or shall stand mute or refuse to plead, or in cases of treason peremptorily challenge above thirty-five of the jury.

But it has been held that his confession out of court, before a competent authority, will suffice.-4 Bl. Com. 357.

By the same statute, both witnesses may be to the same overt act of treason, or one to one overt act and another to another. But in the latter case the overt acts must be of the same species of treason, and not of distinct heads or kinds. 4 Bl. Com. 357.

By 30 Geo. III. c. 48, s. 1, the punishment of a woman convicted of treason shall be, that she shall be drawn to the place of execution and hanged by the neck until she be dead.

By 34 Geo. III. c. 146, (which applies to males only,) the punishment of treason is to be as follows:-the traitor to be drawn on a hurdle to the place of execution, and there hanged by the neck until he be dead; and afterwards his head shall be severed from the body, and the body divided into four quarters, which are at the disposal of his majesty.

And it is provided that his majesty may, after sentence, by warrant under his sign manual, countersigned by a principal secretary of state, change the whole sentence into beheading, and may direct in what manner the head and quarters shall be disposed of.

By the attainder in treason, the traitor forfeits to the king all his lands and tenements of inheritance, whether fee simple or tail, and all his rights of entry on lands and tenements, which he had at the time of the offence committed or at any time afterwards, and also the profits of all lands and tenements which he had in his own right for life or years.-4 Bl. Com. 381.

By conviction for treason, all the goods and chattels are forfeited which the traitor had at the time of conviction.4 Bl. Com. 387.

By attainder for treason, his blood is also corrupted; that is, he can neither inherit lands or other hereditaments from his ancestors, nor retain those he is already in possession of, nor transmit them by descent; but they escheat to the lord of the fee, subject to the king's superior right of forfeiture; and the person attainted shall also obstruct

all descents to his posterity wherever they are obliged to derive a title through him to a remote ancestor.-4 Bl. Com. 388.

The corruption of blood is now peculiar to treason and murder, being abolished in other cases by 54 Geo. III. c. 145.

It extends to females as well as males, as does also the forfeiture of lands, &c.-See 30 Geo. III. c. 48, s. 4.

But corruption of blood does not extend to certain treasons respecting the papal supremacy.-4 Bl. C. 389.