PART I.

CRIMES AND OFFENCES.

Offences against the Government.

Q. What is the crime of treason?

A.-Treason, proditio, in its very name, imports a betraying, treachery, or breach of faith; and the crime of which we here speak is treachery against the sovereign or liege lord. (4 Steph. Comm. p. 164.)

Q. What acts are treason under the statute of Edward III. ?

A. (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." Under this description it is held that a queen regnant is within the words of the act, being invested with royal power and as such entitled to the allegiance of her subjects as if she had been a king, but the husband of such a queen is not comprised in these words, and therefore no treason can be committed against him. The king here intended is the king in possession without any respect to his title; for it is held that a king de facto and not de jure, or, in other words, an usurper that hath got possession of the throne, is a king within the meaning of the statute; as there is a temporary allegiance due to him for his administration of the government and temporary protection of the public.

(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.

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

(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.

(5.) If a man slay the chancellor, treasurer, or the king's justices of the one bench or the other, justices in eyre, or justices in assize and all other justices, being in their places doing their offices. (4 Steph. Comm. pp. 166 et seq.)

Q. How is compassing or imagining the death of the sovereign to be evidenced?

A. As this compassing or imagining is an act of the mind it cannot possibly fall under any judicial cognizance, unless it be demonstrated by some open or overt act. (4 Steph. Comm. p. 168.)

Q.-What will constitute an overt act?

A.-Any act wilfully attempted or done which may endanger the life of the sovereign, e.g., a meeting of conspirators to consider means for killing the sovereign or usurping the authority of government. (R. v. Vane, Kel. 15; R. v. Hardy, 1 East, P. C. 60.)

Q. -Can mere words constitute treason?

A. How far mere words spoken by an individual, and not relative to any treasonable act or design then in agitation, shall amount to treason has been formerly matter of doubt; but now it seems clearly to be agreed that by the common law and the statute of Edward III. words spoken amount to a high misdemeanor, and not treason. If words be set down in writing it argues more deliberate intention; and it has been held that writing is in itself an overt act of treason, for "scribere est agere." But even in this case bare words are not

the treason, but the deliberate act of writing them, though in later times even this has been questioned. (4 Steph. Comm. p. 169.)

Q.-Is there any limitation as to time within which a prosecution for treason must be instituted?

A.-The offence of treason is (by exception from the general rule of the Crown law) subject to limitation in respect of time; for by 7 Will. III. c. 3, no person shall be prosecuted for treason but within three years after the commission of the offence, except only in the case of a designed assassination of the sovereign by poison or otherwise.

Q.-What was formerly, and what is now, the punishment for treason?

A. Until recently the punishment of treason appointed by law was more terrible than those inflicted for the crime of murder itself. For the sentence ran1. That the offender be drawn on a hurdle to the place of execution; 2. That he be hanged by the neck until he be dead; 3. That his head be severed from his body; 4. That his body be divided into four quarters; 5. That his head and quarters be at the disposal of the Crown. But the sovereign, after sentence, by warrant under his sign-manual, countersigned by a principal secretary of state, might change the whole sentence into beheading, or even remit the capital punishment altogether; and the sentence upon women (the decency due to whose sex forbade the exposing and publicly mangling their bodies) was only that they were to be drawn to the place of execution and hanged by the neck until they were dead. And now, by the Felony Act, 1870 (33 & 34 Vict. c. 23), s. 31, the only

portion of the sentence previously in use which is retained for the future, is that part which directs that the traitor shall be hanged by the neck till he be dead. (See 4 Steph. Comm. p. 179.)

Q.-Is there any limit to the number of overt acts that may be included in any indictment for treason?

A.-Any number of overt acts may be mentioned in the indictment, but one is sufficient to establish the treason. There must be two witnesses to prove the offence, unless the prisoner confess the crime. (7 & 8 Will. III. c. 3.)

Q. What special facilities are given to any person charged with treason of preparing his defence?

A. On an indictment for treason (or misprision of treason) the prisoner is entitled to a copy of the indictment, a list of witnesses to be called, and of the petty jurors, such documents to be delivered to him ten days before the trial. (7 Anne, c. 1, s. 11.) But this does not extend to cases of compassing and imagining the death of the sovereign (or misprision of such a treason), when the overt act is against the person or life of the sovereign. In such cases the accused is indicted, arraigned and tried upon the like evidence and in the same manner as on a charge of murder, but if found guilty the penalty is the same as in treason. (39 & 40 Geo. III. c. 93; 5 & 6 Vict. c. 51, s. 1.)

Q.-What crimes have been added recently to the list of treasonable offences, in addition to those already named?

A. By the statute 1 Anne, st. 2, c. 17, s. 3, if any

person shall endeavour to deprive or hinder any person being the next in succession to the Crown, according to the limitations of 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. By statute 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.

By 36 Geo. III. c. 7 (which was at first temporary only, and was made perpetual by 57 Geo. III. c. 6), if any person shall, either within the realm or without, compass, imagine, or intend death, destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of the king, his heirs or successors, and shall express, utter or declare such intention by publishing any printing or writing, or by any overt act, he shall be adjudged a traitor.

Q. What is misprision of treason?

A.-Misprision of treason consists of the bare knowledge and concealment of treason, without any assent thereto, for any assent makes the party a principal traitor. Prior to 1 & 2 Phil. & Mary, c. 10, a bare concealment of treason was punishable as treason, but by that act it is enacted that a bare concealment shall be only held a misprision.