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Odger's English Common Law

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150 TREASON.<br />

There are no accessories in cases of treason. All who are<br />

in any way concerned in the treason are deemed principal<br />

traitors. All who command, counsel or procure the com-<br />

mission of a treasonable act, and all who receive, relieve,<br />

assist, harbour or maintain a traitor, knowing him to have<br />

committed treason, are guilty of the full offence and should<br />

be indicted as principals. An indictment for any treason or<br />

misprision of treason committed " out of this realm of England "<br />

will be tried in the King's Bench Division, unless a special<br />

commission be appointed. 1<br />

Treason-Felony, dtc.<br />

Certain offences which were formerly regarded as treason-<br />

able are now treated as treason-felony only. Treason-felony,<br />

like treason, is a purely statutory offence; it was created<br />

in 1848 by the statute 11 Vict. c. 12, which imposes a<br />

less severe punishment than that inflicted on persons guilty<br />

of treason. The main provision of this statute, 2 as amended<br />

in 1891 and 1892, 3 runs as follows :<br />

Whosoever " shall, within the United Kingdom or without,<br />

—<br />

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

to deprive or depose the King from the style, honour or<br />

royal name of the "Imperial crown of the United Kingdom, or<br />

of any other of His Majesty's dominions, or<br />

to levy war against the King within any part of the United<br />

Kingdom in order by force or constraint to compel him to<br />

change his measures or counsels, or in order to put any force<br />

or constraint upon or in order to intimidate or overawe both<br />

Houses or either House of Parliament, or<br />

to move Or stir any foreigner or stranger with force to<br />

invade the United Kingdom or any other of His Majesty's<br />

dominions or countries under the obeisance of His Majesty,<br />

and such compassings, imaginations, inventions, devices<br />

or intentions, or any of them, shall express, utter or declare<br />

by publishing any printing or by any overt act or deed, shall<br />

i 35 Hen. VIII. o. 2, s. 1.<br />

2 S. 3.<br />

3<br />

54 & 55 Vict. c. 67 and 55 & 56 Vict. c. 19.

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