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High Treason.
But if a Mayor and Aldermen, or Bailiff and Burgesses,
or the Fellows
of any other Society, do assemble in their common quarrel, and make
a
Riot or Rout, this shall be punished in their own private natural persons,
and not in the body politick. Br. Imp. 95.
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Chap. 140.
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§. 1. |
High Treason. CHAP. CXL.
V. 89.
HIgh Treason (called in Law, Crimen læsæ
Majestatis) was always
esteemed a grievous offence, done or attempted against the estate
Regal, (viz. against the King the head, life and ruler of the
Commonwealth)
in his person, the Queen his Wife, his Children, Realm or Authority;
as |
Glenvil. |
§. 2.
About life. |
To compass the death of the King, the Queen his
Wife, or of their eldest
Son and Heir. 25 E. 3. cap. F. 22. |
25 E. 3. c.
2. P. 1. |
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To compass the death of the Father or Mother of
the King or of any
of the Kings Children, although that such compassing be not brought
to
effect, yet it is Treason, by Britton in his title of Appeals.
fol. 39. Stampf.
fol. 1. p. Quære, for it was Treason before
the Statute, but not since, as
Stampf. fol. 1. p. holds. |
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To compass the death of an usurper of the Crown
is Treason, for
which the offender may be arraigned in the time of another King, as
appeareth,
Br. Treas. 10. |
Stamf. 2. h.
Co. 8. 28.
Br. 24. 29. |
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To intend or imagine the death of the King or Queen,
though they
bring it not to effect, sc. if they shall declare this by an
open Act, whereby
it may be known, or to utter it by words or letters, is Treason. |
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To intend to deprive, depose or dis-inherit the
King, is High Treason,
if it may appear by an open act; for no Crown can be taken from a
Kings head, without loss of his head and Crown both, sooner or later,
as His Majesty hath observed in his just Defence of the right of
Kings.
See
Brit. and Stampf. 1. p. |
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' And here the intent of the heart is enough, sc.
if one shall intend,
' imagine, will or seek any such thing, whether the deed follow or
not.
' if it may be discovered, it is High Treason in the Kings Case. |
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So to say, That he will be King after the Kings
death, is High Treason.
See the Duke of Buckinghams Case, 13 H. 8. fol. 12. |
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M. Glanvit also, and M. Bracton, say
thus, or to this effect: Si quis
machinatus fuerit, vel aliquid fecerit in mortem Domini Regis, vel ad seditionem
Regis, vel exercitus sui, vel consenserit, consiliumve dederit,
vel
auxilium procuraverit, seu præstiterit, licet id quod in voluntate
habuit, non
produxerit, ad effectum, tenetur tamen criminis læsæ Majestatis
reus. See
Glanv. lib. 14. fol. 110 & Bracton lib. 3. fol.
118. Stampf. 1. v. x. |
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" One Williams expelled the middle Temple
for Religion, wrote two
" Books, the one he called Balaams Ass; also the other Speculum
Regale,
" wherein he took on him the office of a Prophet, and said the King
should
" dye Anno Dom. 1621. grounding himself upon the Prophecy of Daniel
" of time and times, and half a time; and that now was the time of
Antichrist;
" for sin was at the highest, and that this Land was the abomination
" of desolation, and the habitation of Devils, &c. The Court
held this to
" be High Treason, and that by the Common Law; for these words import
" the end and destruction of the King and his Kingdom, and that Antichristianism
" and false Religion is maintained; which is a motive to people
" to commit Treason and Rebellions. It was also resolved, that although
" he pretended he did it for the Kings Information, and as a Caveat |
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