| Chap. 140. |
High Treason.
" and Admonition, for that, when he had declared the Judgment, he after
" added (which God avert) yet his good intention shall not be respected,
" when his words and actions appear to the contrary; and when a man
" hath spoken Treason in the premisses, he shall not qualifie it, with
a God
" save the King. Secondly, it was resolved, that although
it seems to be
" his opinion and thought only; yet in atrocioribus delictis punitur
affectus
" licet non seuatur effectus; and in this case scribere est
agere. Thirdly,
" It was resolved, That although his Books were inclosed in a black Box,
" and sent privately to the King; yet it was Treason Car son intent
appeirt
" per son act. And Yelverton the Kings Attorny
said, at Common Law, there
" were four manner of Treasons, 1. Rebellion. 2.
To deny the Kings
" title and power Temporal or Spiritual. 3. To maintain or
advance Superior
" power to the King. 4. To bear the people in hand, that
the
" Kings Government is Erroneous, Heretical, Unjust. Williams Case,
P.
" 17 Jac. Rolls Rep. part 2. p. 88. |
327 |
|
And so note, That Treason may be committed by imagination,
and a
resolution to perform or do any Act, although it be not brought to effect,
as in these former Cases. This was the case of Bigthan and
Teresh, who
were both hanged, only for that they had a will to kill the King Ahasuerosh,
and sought to lay hands on him, Esther 2.21, 22. |
§. 3.
Intent. |
Co. 4. 124. |
If one that is a mad-man do kill or attempt to kill
the King, it is in
him High Treason; whereas Petty Treason, Homicide or Larceny, shall
not be imputed to such a person, Vide Stat. 33 H. 8. cap.
20. But Coke
3 Inst. 6. is otherwise, Ideo quære. |
|
Dyer 128.
Abr. |
One Constable pointed to another, saying to his
friends, Behold King
Edward (who was then dead) and for those words he had Judgment and
Execution as a Traytor, Dyer 128. but Co. 7. 10. observeth,
That the
words were accompanied with other Circumstances, which appear not in
our usual printed Books. |
|
|
" Treason may be committed by words, as to say,
The King being excommunicated
" by the Pope, may be lawfully deposed and killed by any
" person whatsoever; which killing is no Murder. P. 13 Jac.
Owens case. |
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|
' To intend the Bodily hurt of the King, or to affirm
that the King is
' not King, or is an Heretick, Tyrant or Usurper, &c. Vide
Stat. 13 Eliz.
' cap. 1. To arrest or imprison the King is Treason, for
that is the way to
' kill him. Rolls Rep. 2. part p. 89. |
|
P. 1. |
Also to deflower the Kings Wife, his eldest Daughter
being unmarried,
or his eldest Son and Heirs Wife, is high Treason, 25 E. 3. cap.
2. |
|
P. 1. |
So it is if any man shall deflower any other of
the Kings Daughters,
yea or the Nurses of any the Kings Children, as Mr. Britton writeth,
fol. 43. Stampf. fol. 1. b. |
|
|
To levy War against the King, &c. in this Realm,
is High Treason:
Note, That to detain or hold a Castle or Fortress, against the King,
is to
levy War against the King. See Br. Treason, 24. 25 E. 3.
cap. 2. |
§. 4.
War. |
|
So to conspire to levy War against the King, &c.
is High Treason. |
|
| Dyer 98. |
Also to detain, keep or with-hold from, or against
the King, any of his
Ships, or Ordinance or maliciously to burn or destroy any of the Kings
Ships; or maliciously to bar any Haven within any of the Kings Dominions;
all and every of these seem to be included within these words,
[To levy War against the King] and so be High Treason. See
Br. Treason
24 & Stat. 14 Eliz. cap. 1. & quære. |
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To sell any Armour to the Enemy, or to furnish the
enemy with Weapon
or Munition, have been accounted crimes treasonable. W. Segar
Norroy,
of honour Military and Civil, pag. 14. |
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F f 2
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