02.04.2013 Views

Odger's English Common Law

Odger's English Common Law

Odger's English Common Law

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

144 TREASON.<br />

deed. 1 And if a man slay the chancellor, treasurer or the<br />

King's justices of the one bench, or the other, justices in eyre<br />

or justices of assize, and all other justices assigned to hear<br />

and determine, being in their places doing their offices." 2<br />

2. Any person who shall endeavour to deprive or hinder<br />

the person next in succession to the Crown for the time being,<br />

according to the limitations of the Act of Settlement, 1701,<br />

from succeeding to the imperial Crown of this realm, " and<br />

the same malitiously, advisedly and directly shall attempt by<br />

any overt act or deed," shall be guilty of treason. 3<br />

3. It is also treason maliciously, advisedly and directly to<br />

maintain by writing or printing that any person has a right to<br />

the Crown except in accordance with the Act of Settlement,<br />

or to maintain that an Act of Parliament cannot bind the<br />

Crown, and limit the descent thereof. 4<br />

Publication of such<br />

writing or printing does not appear to be necessary in order to<br />

complete the offence under this statute.<br />

4. By an Act passed in the year 1795, 5 made perpetual by<br />

an Act of 1816, 6 "whosoever shall within the realm or with-<br />

out compass, imagine, invent, devise, or intend death or<br />

destruction, or any bodily harm tending to death or destruction,<br />

maim or wounding, imprisonment or restraint " of the King,<br />

his heirs and successors, " and such compassings, imagina-<br />

tions, inventions, devises, or intentions or any of them shall<br />

express, utter, or declare, by publishing any printing or<br />

writing, or by any overt act or deed ; being legally convicted<br />

thereof upon the oaths of two lawful and credible witnesses,"<br />

shall be guilty of high treason.<br />

Bach clause of the Statute of Treasons requires separate consideration.<br />

1. The first and most heinous act of treason mentioned in it is where<br />

a man " doth compass or imagine the death of the King." The word<br />

" compass " signifies the " purpose or design of the mind or will, and not,<br />

1 The statute was written in Norman French, and the original language of this<br />

clause is " & de ceo jvablement soit atteint de o9t faite jj gentz de leur condition."<br />

2 By the above statute some other acts are also declared to be treasonable which<br />

have ceased to be so. Thus, it was treason to counterfeit the King's Great Seal<br />

or his Privy Seal, or to counterfeit his money. These two offences were reduced<br />

to felony by statutes passed in 1832.<br />

» 1 Anne, st. 2, c. 21, s. 3.<br />

* Succession to the Crown Act, 1707 (6 Anne, c. 41), s. 1.<br />

6 36 Geo. III. c. 7 ; extended to Ireland by 11 Vict. c. 12, s. 2.<br />

« 57 Geo. III. c. 6.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!