is presumed to have declared war against him: so that every community has a right, by the rule of self-defence, to inflict that punishment upon him, which every individual would in a state of nature have been otherwise entitled to do, for any invasion of his person or personal property. By stat. 18 Geo. II., c. 30, any natural-born subject or denizen who in time of war shall commit hostilities at sea against any of his fellow-subjects, or shall assist an enemy on that element, is liable to be tried and convicted as a pirate; and by 1 Vict., c. 88, whosoever with intent to commit the crime of piracy, shall assault, with intent to murder, any person being on board or belonging to any vessel, or stab, cut, or wound any person, or unlawfully do any act by which his life may be endangered, shall be sentenced to suffer death.* The ordinary punishment of piracy under the statute law is penal servitude for life; or any term not less than five years; or imprisonment, with or without hard labour, for not more than three years.

See Piracy Act, 7 Wm. IV. & 1 Vict., c. 88; also 12 & 13 Vict., c. 96; and 23 & 24 Vict., c. 88.

CHAPTER V.

OFFENCES AGAINST THE SOVEREIGN AND THE GOVERNMENT.

The third general division of Crimes consists of such as more especially affect the supreme executive power, amounting either to a total renunciation of allegiance; or, at least, to a criminal neglect of that duty which is due from every subject to his Sovereign. Every offence, therefore, more immediately affecting the Royal person, his crown or dignity, may be referred to two classes:-1. Treason and other offences and contempts against the Sovereign.-2. Offences against the Government.

Explain these Offences.

Treason (proditio), in its very name, imports a betraying, treachery, or breach of faith. Alta proditio, high treason, is the highest civil crime which any man can possibly commit. It is where one attacks Majesty itself, as killing or attempting to kill the Sovereign.

Treason may be classed under several heads :

I. "When a man doth compass or imagine the death of our lord the King, of our lady the Queen, or of the eldest son and heir." Under this description it is held that a queen regnant (such as Queen Elizabeth, Queen Anne, and her present most gracious Majesty, Queen Victoria), is within the words of the Act, being invested with royal power and entitled to the allegiance of her subjects; but the husband of such a queen is not comprised within these words, and therefore no treason can be committed against him. The king here intended is the king in possession, without any

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respect to his title; for it is held that a king de facto and not de jure; or, in other words, a 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 the administration of the government and protection of the public. The distinction seems to be, that the stat. 11 Henry VII., c. 1, does by no means command any opposition to a king de jure, but excuses the obedience paid to a king de facto. When therefore a usurper is in possession, the subject is excused and justified in obeying and giving him assistance; otherwise under a usurpation no man could be safe, if the lawful prince had a right to hang him for obedience to the powers in being, as the usurper would certainly do for disobedience to the powers in being.

Compassing or imagining the death of the King are synonymous terms; the word compass signifying the purpose or design of the mind or will. An accidental stroke which may mortally wound the sovereign per infortunium, without any traitorous intent, is no treason; as was the case of Sir Walter Tyrrel, who, shooting at a hart, the arrow glanced against a tree, and killed the king upon the spot. As the compassing or imagining is an act of the mind, it cannot possibly fall under any juridical cognizance, unless it be demonstrated by some open or overt act. Mere words spoken by an individual amount only to a high misdemeanor; for they may be spoken without any intention; or, be mistaken, perverted, or misremembered by the hearers.

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II. The SECOND species of treason is—“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 the king's companion is meant his wife; and by violation is understood carnal knowledge, as well without force, as with it: and this is treason in both parties, if both be consenting. The plain intention of the law is to guard the blood royal from any suspicion of bastardy whereby the succession to the Crown might be rendered dubious.

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III. The THIRD species of treason is-"If a man do levy war against our lord the King in his realm." This may be done by taking arms, not only to dethrone the Sovereign, but under pre

JUDGMENT FOR HIGH TREASON.

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tence to reform religion, or the laws, or to remove evil counsellors, or other grievances, whether real or pretended. For the law does not, neither can it, permit any private man, or set of men, to interfere forcibly in matters of such high importance, the law having established a sufficient power for these purposes in the High Court of Parliament.

IV. If a man be adherent to the King's enemies in his realm, giving them aid and comfort in the realm or elsewhere, he is also declared guilty of treason. This must likewise be proved by some overt act, as by giving them intelligence, by sending them money or provisions, by selling them arms, by treacherously surrendering a fortress, or the like. By enemies are here understood the subjects of foreign powers with whom we are at open war; but to relieve a rebel, fled out of the kingdom, is no treason; for the statute is taken strictly, and a rebel is not an enemy; an enemy being always the subject of some foreign prince, and one who owes no allegiance to the Crown of England.*

V. To counterfeit the Great or Privy Seal is also treason.

VI. If a man slay the Chancellor, Treasurer, or the Queen's Justices in one Bench or the other; or Justices of Assize, he is guilty of treason.

The judgment for high treason, according to statute, is very solemn and terrible: -That the offender be drawn on a hurdle to the place of execution- -That he be hanged by the neck until he be dead—That his body be divided into four quarters.

-That his head and quarters shall be at the disposal of the Crown. But the Sovereign may, after sentence, by warrant under his sign manual, countersigned by a principal Secretary of State, change the whole sentence into beheading, or may even remit the capital punishment altogether. The sentence upon women is-to be drawn to the place of execution, and hanged by the neck until they be dead.

The punishment for counterfeiting the Seals is not

* For other offences amounting to treason, see 1 Wm. IV., c. 66; and 11 & 12 Vict., c. 12.

capital, but penal servitude for life, or for not less than seven

years.

Explain the Offences which, though they fall short of Treason, are, like it, injurious to the Person, Prerogative, or Government of the Sovereign, and state the punishment.

I. MISPRISIONS OF TREASON (a term derived from the old French, mespris, contempt) are high misdemeanors. Misprisions are generally divided into two sorts: negative, which consists in the concealment of something that ought to be revealed; and positive, which consists in the commission of something that ought not to be done. Misprision of treason consists of the bare knowledge and concealment of treason, without any degree of assent thereto; for any assent makes the party a principal traitor. This concealment becomes criminal if the party apprised of the treason does not, as soon as conveniently may be, reveal it to some judge of assize or justice of the peace; but if there be any probable circumstances of assent, as if one goes to a treasonable meeting, knowing beforehand that a conspiracy is intended against the Crown; or being in such company once by accident, and having heard such treasonable conspiracy, meets the same company again, and hears more of it and conceals it; this is an implied assent in law, and makes the concealer guilty of actual treason.

The punishment of misprision of treason is loss of the profits of land during life, forfeiture of goods, and imprisonment during life.

II. MISDEMEANORS AGAINST THE SOVEREIGN.-Another offence against the Sovereign has been constituted by 5 & 6 Vict., c. 51, which enacts "that if any person shall wilfully discharge, or point, aim, or present at the person of the Queen any gun, pistol, or any other description of fire-arms, or other arms, whether containing any explosive or destructive material or not; or shall discharge, or cause to be discharged, or attempt to discharge any explosive substance or material near to the Queen's person, with intent to injure or alarm her, or to break the public peace, the offender shall be guilty of a high misdemeanor," and be liable to penal servitude for seven years,

*As before stated, forfeiture on conviction of treason and felony was abolished by 33 & 34 Vict., c. 23.