Odger's English Common Law

146 TREASON.
been construed to include any forcible disturbance, caused by a number of
persons for a purpose which was not of a private but of a general character
-—such as an attempt to obtain the repeal of a statute, or to alter the
established religion, or to attain the redress of any public grievance.
Thus a person who took part in a riot the object of which was to throw down
all enclosures, to burn all meeting-houses, to pull down all brothels, or to
throw open all prisons, would be guilty of levying war within the meaning
of this clause, although he had no intention or design whatever against the
State or the person of the Sovereign. 1 And many other acts were also
deemed treason which would now be regarded as merely acts of sedition or
riot. These constructions are said to be founded upon the doctrine that, by
reason of the universality of the design, such acts and conduct amount to
what in ancient times was called " an accroachment of royal power," and
constitute what Serjeant Hawkins describes as an insolent invasion of
the King's prerogative "by attempting to do that by private authority
which he by public justice ought to do, 2 or, in the terms of the indict-
ment against Sir John Grerberge 3 in 1348, " usurpando sibi infra regnum
regis regiam potesiatem . . . contra sui ligeantiam."
If, however, the object of a rising be to redress some private grievance
or to secure some private end in which the public generally has no concern
(e.g., to assert title to land in a private individual or to throw down the
fences which enclose a particular common), then, though force be used, the
act is not, and never was, treasonable, though it may amount to a riot.
The Statute of Treasons expressly declares that if " any man ride openly
or secretly with men of arms against any other to slay or to rob him, and
to take and keep him till he make fine for his deliverance, it is not the mind
of the King nor his counsel that in such case it shall be judged treason ;
"
but it
shall be judged felony or trespass according to the laws of the land of olden
time used, and according as the case requireth." The cases here mentioned
of assembling to kill, rob or imprison are put by way of example only ;
cases which are of the like private nature fall within the same rule.
4. Again, it is treason to adhere to the King's enemies in his realm
giving to them aid and comfort in the realm or elsewhere. In this clause
" enemies " means enemies in the sense in which the term is used in international
law, i.e., public belligerents, and not mere pirates or rebels. A
person can be guilty of treason under this section not only by joining the
King's enemies, but also by raising troops for them ;
surrendering to them the King's forts, castles or ships of war
all
4 by treacherously
;
5 or by
sending to them money, arms or intelligence, even though such be inter-
cepted before reaching them. 6
It has been laid down, however, that the
accused cannot be convicted of this kind of treason, unless the jury are
* Dammaree's Case (1710), IB St. Tr. 521 ; R. v. Lord George Gordon (1781), 21
St. Tr. 485 ; B. v. Frost (1839), 9 C. & P. 129 ; O'Brien v. M (1849), 2 H. L. Cas.
465.
2 1 Hawk. P. C, c. 17, s. 25.
8 1 Hale's Pleas of the Crown, 80.
* B. v. Harding (1690), 2 Vent. 315.
6 3 Co. Inst. 10 ; 1 Hale, 168.
* Poster's Crown Cases, p. 217 ; B. v. Gregg (1708), 14 St. Tr. 1371, 1376 ; B.
v. Be la Motte (1781), 21 St. Tr. 687, 808.