The meaning of the words in the statute relative to this offence is this: "Giving aid and comfort to the King's enemies" are words in opposition; they are words to explain what is meant by being "adherent to." Therefore, whether a man be adherent to the King's enemies in his realm by giving to them aid and comfort in his realm, or if he be adherent to the King's enemies elsewhere, that is by giving them aid and comfort elsewhere, he is equally adherent to the King's enemies, and if he is adherent to the King's enemies, then he commits the treason which the statute defines (c). Where the accused, a British subject, acting as German Consol, assisted German subjects of military age to return to Germany after a state of war existed, and was in consequence convicted of adhering to the King's enemies, it was held, on appeal, that the conviction must be quashed, because the jury had not been told that they must consider whether the acts of the accused were done by him with the intention of assisting the King's enemies or whether (as he asserted), he acted without any evil intention and in the belief that it was his duty to assist German subjects to return to Germany, in which case he would not be guilty (d).

Subsequent to the Statute of Treasons Parliament from time to time made other offences treason-notably several in the reign of Henry VIII., in the matter of religion. All these new treasons, however, were abrogated in the reigns. of Edward VI. and Mary, and the statute of Edward III. was restored to its place as the standard of treason; but subsequent additions to the number of treasonable offences were afterwards made by the Legislature. The following still remain :

(i) Endeavouring (to be evidenced by some overt act) to prevent the person entitled under the Act of Settlement from succeeding to the Crown (e), or maliciously, and advisedly, by writing or printing, maintaining that any other person has any right to the Crown (f).

(c) R. v. Casement, [1917] 1 K. B. 98.

(d) R. v. Ahlers, [1915] 1 K. B. 616; 11 Cr. App. R. 63.
(e) 1 Anne, st. 2, c. 17, s. 3.

(f) 6 Anne, c. 41.

(ii) Compassing, imagining, or intending death, or any harm tending to death, maim or wounding, imprisonment, or restraint of the person of the Sovereign (g).

This offence can be committed not only by British subjects but also by aliens who are subjects of Sovereigns at peace with the King; but alien enemies cannot be tried for treason unless they have, during the war, been living in this country under the King's protection (h). A British subject may change his nationality (i), but this must not be done in time of war, as the taking of an oath of allegiance to a foreign power which is at war with the King is in itself an act of treason (k).

There are some points in connection with the procedure in prosecutions for treason which may be noticed here.

In the first place, no prosecution for treason can take place after three years from the commission of the offence, if it be committed within the realm, unless the treason consist of a designed assassination of the Sovereign (1).

The prisoner indicted for treason (or misprision of treason) is entitled to have delivered to him, ten days before the trial, a copy of the indictment, and a list of the witnesses to be called, and of the petty jurors, to enable him the better to make his defence (m). But these provisions do not apply to cases of treason in compassing and imagining the death of the Sovereign (or misprision of such treason) where the overt act is an act against the life or person of the Sovereign. In such cases the prisoner is indicted, arraigned, and tried in the same manner and upon like evidence as if he stood charged with murder, though, if he be found guilty, the consequences are those of treason (n).

(g) 36 Geo. III. c. 7, s. 1, confirmed by 57 Geo. III. c. 6, s. 1. The former statute also denominated certain other acts of treason; but all these offences, with the exception of those against the person of the Sovereign noticed above, were converted into felonies by 11 & 12 Vict. c. 12, s. 1; v. Treason-Felony, p. 40.

(h) See De Jager v. Attorney-General of Natal, [1907] A. C. 326.

(i) 33 & 34 Vict. c. 14, ss. 4, 6.

(k) R. v. Lynch, [1903] 1 K. B. 444; 72 L. J. K. B. 167.

(1) 7 & 8 Wm. III. c. 3, ss. 5. 6.

(m) 7 Anne, c. 21, s. 14; 6 Geo. IV. c. 50, s. 21.

(n) 39 & 40 Geo. III. c. 93; 5 & 6 Vict. c. 51, s. 1.

One overt act is sufficient to prove the treason, but any number may be mentioned in the indictment. To this overt act, or else to it and another overt act of the same treason, there must be two witnesses, unless the accused confesses willingly (0).

Formerly the punishment for treason was of a most barbarous character. Males were drawn on a hurdle to the place of execution, and hanged, but cut down while alive; afterwards they were disembowelled, the head was severed from the body, the body quartered, and the quarters placed at the disposal of the Sovereign. By a wholesome statute, this proceeding was deprived of its more outrageous features, and it was provided that beheading might be substituted by the Sovereign, or the capital sentence might be altogether remitted (p). By a previous Act (9), the punishment of females, formerly burning alive, had been changed to hanging. Now, by the Abolition of Forfeiture for Felony Act, 1870 (r), the only part of the sentence which is retained in any case is the hanging, for which, however, beheading may be substituted by the Sovereign.

Certain additional consequences of conviction and attainder (s), viz., forfeiture of lands and goods, and corruption of blood, were abolished by the statute just mentioned (t), but certain incapacities were at the same time attached to convictions for treason or felony (u).

MISPRISION OF TREASON.

Misprision of treason consists in the bare knowledge and concealment of treason without any assent, any degree of assent making the party a principal traitor. At common law this mere concealment, being construed as aiding and

(0) 7 & 8 Wm. III. c. 3, ss. 2, 4; except in cases tried, as above, as for murder. (p) 54 Geo. III. c. 146.

(q) 30 Geo. III. c. 48.

(r) 33 & 34 Vict. c. 23, s. 31.

(s) A man is convicted when found guilty; he was said to be attainted when judgment had been given.

(t) 33 & 34 Vict. c. 23, s. 1.

(u) v. p. 441.

abetting, was regarded as treason, inasmuch as, it will be remembered, there is no distinction between principals and accessories in treason (w). It was specially enacted that a bare concealment of treason should be held a misprision only (a). Misprision of treason is a high misdemeanour. The punishment was imprisonment and forfeiture of goods, and it would appear that forfeiture is still a part of the punishment, as the Act to abolish Forfeiture for Felony (y) only applies to convictions for treason, felony, or felo de se. The party knowing of any treason must, as soon as possible, reveal it to some Judge of Assize or Justice of the Peace.

ATTEMPTS TO ALARM OR INJURE THE KING.

It may be remembered that at the beginning of the reign of Queen Victoria a morbid desire for notoriety induced certain youths to annoy her by discharging firearms at her person, or in her presence. To put an end to this the Legislature provided that deeds of this kind should be regarded as high misdemeanours (2). The acts enumerated are: To discharge, point, aim, or present at the person of the Sovereign any gun or other arms, whether containing any explosive or destructive material or not; to discharge any explosive substance near him; to strike or throw anything at him with intent to injure or alarm him, or break the public peace; or in his presence to produce any arms or destructive matter with like intent. The punishment may be penal servitude to the extent of seven years, with a whipping.

TREASON-FELONY, or FELONIOUS COMPASSING TO LEVY WAR, ETC.

Certain offences which had been declared treason by statute (a) were, by a later statute (b), made felonies. Το these, on account of their treasonable character, the name "treason-felony " is sometimes given. The acts enumerated

(w) v. p. 29.

(y) 33 & 34 Vict. c. 23, s. 1. (a) 36 Geo. III. c. 7, s. 1.

(x) 1 & 2 Phil. & Mary, c. 10.
(z) 5 & 6 Vict. c. 51, s. 2.
(b) 11 & 12 Vict. c. 12, s. 3.

are-compassing, &c. (i) to deprive or depose the Sovereign from the style, honour, or name of the Crown of the United Kingdom, or other of his dominions; (ii) to levy war against the Sovereign within the United Kingdom, in order by force or constraint to compel him to change his measures or counsels, or to put force or constraint upon, or intimidate or overawe both Houses, or either House of Parliament; (iii) to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of the Sovereign's dominions.

This compassing, &c., must be evidenced by some overt act, or by something published in printing or writing. Though the facts alleged in the indictment, or proved on the trial of any person indicted under this Act for felony, amount to treason, the person is not by reason thereof entitled to be acquitted of such felony; but if tried for the felony he cannot afterwards be prosecuted for treason upon the same facts (c). The punishment may extend to penal servitude for life. Nothing contained in this Act lessens the force of the Statute of Treasons.

SEDITION.

Sedition is a comprehensive term, embracing all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquillity of the State, and lead ignorant persons to endeavour to subvert the Government and the laws of the Empire. The objects generally are to excite discontent and insurrection, to stir up opposition to the Government, and to bring the administration of justice into contempt (d).

This description is somewhat vague; but in that respect it only resembles the offence itself. It is hard to lay down. any decisive line, on one side of which acts are seditious and on the other innocent. The term "sedition" is commonly used in connection with words written or spoken. It is,

(c) 11 & 12 Vict. c. 12, s. 7.

(d) R. v. Sullivan; R. v. Pigott, [1868] 11 Cox, 44, 45.