It is treason to slay any of the Lords of Session or KILLING JUDGES. Justiciary, sitting in judgment in the exercise of their office (1). TO TRIAL FOR Every one born of foreign state. break out, Every one born of a British father, and especially WHO AMENABLE if born within the British dominions, owes allegiance TREASON. to the Sovereign, from which mere residence abroad, of British father. for however long a time, cannot relieve him (2). Further, every natural born subject of a state in amity Resident subject with Great Britain, and who resides within the realm, is amenable to trial for treason. Nor does his position What if war alter by the mere fact that the state to which he owes allegiance by birth has declared war against Great Britain. He must withdraw himself from Great Britain before he can be held entitled to serve his own prince against the British Sovereign. It appears or if he leave family and effect to have been held that even his withdrawal was not in Britain. sufficient, and that if he left his family and effects in this country, he must still be held to be under the sanction of the laws of treason (3). An enemy who Enemy coming comes to this country during war, under protection of safe conduct. a Royal letter of safe conduct, is also liable to the pains of treason if he commit hostile acts (4). to Britain under tion. The punishment is death, the accused to be drawn PUNISHMENT. on a hurdle to the place of execution, or in such Mode of exeermanner as the Royal warrant shall direct, and the mode of execution to be hanging, or decapitation (if the Sovereign shall so order). After death, if the execution was by hanging, the head is to be severed. from the body, and whatever was the mode of execution, the body is to be divided into four quarters, and disposed of as the warrant shall order (5). In the case of females, the execution is by hanging (6). Be- Loss of estate sides the direct punishment, a conviction of treason blood. operates a confiscation of the traitor's moveable property, 1 Act 7 Anne, c. 21. 2 Hume i. 534, 535, and case of Macdonald there.-Alison i. 616, 617. 3 Hume i. 535.-Alison i. 617. 4 Hume i. 535. 5 Act 54 Geo. III., c. 146. 6 Act 30 Geo. III., c. 48. P and corruption of PUNISHMENT. NATURE OF declared treason. and a forfeiture of all honours, and all heritable estate held in fee-simple (1). Further, it operates corruption of blood, so that no succession to him, nor through him, can take place (2). MISPRISON OF TREASON. This crime consists in knowing of a treasonable act, and failing to reveal it with all convenient speed to a Concealment of Judge or Justice of Peace. It is only where there is no offence beyond a failure to reveal, that the guilt is limited to misprison. If the accused have actively assented to the treason, as by knowingly attending at a treasonable meeting, or by aiding or harbouring the traitors, he may be charged as principal (3). PUNISHMENT. The punishment is perpetual imprisonment, forfeiture of goods, and of the profits of lands during the offender's life (4). STATUTORY TREASON-FELONY. To punish treasonable practices without the necessity of dealing with them as high treason, an Act was Devising to de passed (5) declaring "That if any person whatsoever "shall, within the United Kingdom or without, com'pass, imagine, invent, devise, or intend to deprive or pose the Sove reign or successors. ... depose our most gracious Lady the Queen, her heirs or successors, from the style, honour, or royal name, "of the imperial crown of the United Kingdom, or of any other of Her Majesty's dominions, &c., or to levy "war against Her Majesty, her heirs or successors, within any part of the United Kingdom, in order by Devising war or "force or constraint to compel her or them to change "her or their measures or counsels, or to put any compulsion of Sovereign. 1 Hume i. 546 to 549, passim.— Alison i. 622, 623. 2 Hume i. 549, 550.-Alison i 3 Hume i. 551.-More ii. 397. 4 Hume i. 552. 5 Act 11 Vict. c. 12. OFFENCE. "force or constraint upon, or in order to intimidate or STATUTORY "overawe both Houses, or either House of Parliament, Or to coerce or to move or stir any foreigner or stranger with parliament, 'force to invade the United Kingdom, or any other of Or stir up "Her Majesty's dominions or countries under the "obeisance of Her Majesty, her heirs or successors; "and such compassings, imaginations, inventions, invasion. publishing or by devices, or intentions, or any of them, shall express, Overt act by "utter, or declare, by publishing any printing or open speaking. writing, or by open and advised speaking, or by any "overt act or deed," he shall be liable to penal PUNISHMENT. servitude for life, or any period not less than seven years, or to imprisonment not exceeding two years, with or without hard labour. try under Act treason. § 7 provides for the competency of trying such competent to offences under the Act, although the facts may con- though facts stitute treason. There has been only one prosecution under this Act in Scotland (1). ASSAULTS ON THE SOVEREIGN. OFFENCE. By a statue (2) which reserves entire the treason STATUTORY law (3), it is enacted that "If any person shall Using weapons I wilfully discharge, or attempt to discharge, or point, injure or alarm, "aim, or present at or near to the person of the Queen, peace. any gun, pistol, or any other description of fire-arms, or of other arms whatsoever, whether the same "shall or shall not contain any explosive or destructive "material, or shall discharge or cause to be discharged, "or attempt to discharge or cause to be discharged, 'any explosive substance or material near to the per"son of the Queen, or if any person shall wilfully "strike or strike at, or attempt to strike or to strike at, the person of the Queen, with any offensive weapon, or in any other manner whatsoever, or if 1 Jas. Cumming and others, H.C., Nov. 7th, 9th, 13th, 18th, and 25th, 1848; J. Shaw 17. 2 Act 5 and 6 Vict. c. 51 § 2. with intent to or in breach of STATUTORY Having arms near sovereign with intent to injure or alarm. PUNISHMENT. 66 any person shall wilfully throw or attempt to throw any substance, matter, or thing whatsoever, at or upon the person of the Queen, with intent in any "of the cases aforesaid to injure the person of the Queen, or with intent in any of the cases aforesaid to "break the public peace, or whereby the public peace may be endangered, or with intent in any of the cases aforesaid to alarm Her Majesty; or if any person shall, near to the person of the Queen, wilfully produce or have any gun, pistol, or any other descrip"tion of fire-arms, or other arms whatsoever, or any explosive, destructive, or dangerous matter, or thing "whatsoever, with intent to use the same to injure "the person of the Queen, or to alarm Her Majesty, every such person so offending shall be guilty of 'high misdemeanour, and being convicted thereof in "due course of law," shall be liable to penal servitude for seven years (1), or imprisonment with or without hard labour, for any period not exceeding three years, and during the imprisonment to be publicly or privately whipped, as often and in the manner and form which the court shall direct, not exceeding thrice. SPEAKING EVIL OF SOVEREIGN. LEASING-MAKING. This crime, which consists in speaking evil of the sovereign personally, is one which in modern times. need not be commented on, as it would certainly not be charged as a crime per se at the present day. Acts of this sort are not now considered worthy of notice, except when committed in such circumstances as to indicate that they are a part of proceedings truly seditious or treasonable (2). 1 Penal servitude is substituted for transportation by Acts 20 and 21 Vict. c. 3 and 27 and 28 Vict. c. 2 For a statement of the law of leasing-making vide Hume i. 344, et seq. SEDITION. OFFENCE. Conduct tending with govern enough, unless tumult. This crime is committed by conduct which tends to NATURE OF inflame the minds of the people to interfere illegally with the government of the country (1). All acts by to interference which the minds of the people may be incited ment. to defeat the government or control legislation by violent or unconstitutional means, are seditious. But Criticism not mere criticism of the actions of government or Parlia- tending to ment, however fierce, or declamation against the injustice of a public tax, however unmeasured, does not amount to sedition, unless done in such circumstances, and with such accompaniments as to be calculated to create disaffection, and to incite to violence and tumult (2). If the conduct of the accused has been Direct intent not such as was calculated to produce these results, it is not necessary that there should have been a positive intention on his part to do so (3). Where violence Question of cirand tumult actually result, it will depend upon the whether outspecial circumstances whether the sedition merges into or treasonable. treason or not. It is difficult to give more than this general statement of the law, as for many years there have been scarcely any prosecutions for sedition; and further, as has been justly observed, the same acts might be passed over with contempt at one time, which at another it might be necessary to check by decisive measures. essential. cumstances break seditiou The punishment of sedition is fine or imprisonment, PUNISHMENT. or both (4). 1 Hume i. 553.-Alison i. 581.More ii. 397. 2 Hume i. 553 to 558 passim.— Alison i. 583, 584, 585. 3 John Grant and others, H.C., Nov. 13th, 18th, and 25th, 1848; J. 4 Act 6 Geo. IV. c. 47 as amended |