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High Treason.
If any person having a charge, shall yield the same
unto the Enemy,
this also is a Crime treasonable, ibid. |
Chap. 140. |
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So all explorators or spies, that bewray our secrets,
and inform the Enemy
thereof, are to be accounted Traytors, ibid. |
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To practise with a Governour of another Country
to invade this
Realm, is High Treason; although such practice be not put in ure, Dyer
298. |
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So to kill one that is sent in the Kings Message,
Ass. Stampf. 1. 1. Br. |
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To incounter in sight and kill such as are assisting
to the King in his
Wars, or such as come to help the King, is High Treason. 45 Ed.
3. 25.
Br. Treason 7. |
21 E. 3. 23.
Stampf. 1. 1. |
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These two last cases were holden to be High Treason,
before the Stat.
of 25 Ed. 3. |
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To succor the Kings Enemies is Treason. Thorp
22 Ed. 3. fol. 429. |
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To be adherent to the Kings Enemies (aiding them,
or giving them aid
or comfort, in his Realm, or elsewhere) is High Treason. see Br.
Treason
1. & 13. Fitz. Tryal 54. 25 E. 3. cap. 2. |
P. 1. |
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To be of Council with another in levying seditious
War. |
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If a Subject shall go beyond the Sea, and there
shall adhere, or joyn
himself with the Kings Enemies, and there (in such emnity) shall dye, or
be slain, this seemeth to be Treason, and to be an attainder in Law, without
any more, &c. by the ancient Common Law of this Land: as appeareth,
8 e. 3. Fitz. Dower 106. |
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So if a Subject shall joyn in Battel within the
Realm to the Kings Enemies,
and shall be slain in the field; by the ancient Common Law of this
Realm he shall forfeit his Lands, Goods and Chattels, and his blood shall
be corrupted, without any other Judgment, for that he himself is the cause
that he cannot come to the Tryal of Law in his life time. Pl.
262. a. &
263. a. Vide Stat. 34 E. 3. cap. 12. |
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But if an Allen Enemy come to invade this Realm,
and be taken in War,
he cannot be indicted of Treason, but he shall be put to death by martial
Law, Co. 7. 6. b. Otherwise it is of an Allen whose
King is in league or at
peace with our King or who is in this Realm in the time of peace, and hath
the benefit of the Kings Peace, he shall be indicted or arraigned of Treason,
and shall have judgment accordingly. An English Traytor pleading
that he is subject to a foreign Prince, shall notwithstanding (upon a Nihil
dicit Recorded) have judgment as a Traytor, Dyer 300. |
Br. Treas.
32.
Dier 145.
Vide. |
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If any person shall joyn the Arms of England
with his own Arms, it
seemeth to be High Treason. See 38 H. 8. Br. Treason 2. |
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If any person shall counterfeit the Kings Arms,
or the Arms of this
Realm, it is High Treason, as M. Kitchin hath it, fol. 12. |
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| Seal. |
To counterfeit the Kings great Seal, Sign Manual,
Privy Signet or Privy
Seal, is High Treason. 23 Ed. 3. cap. 2. &
1. Mar. 6. But before the Statute
25 E. 3. these were petty Treason by the Common Law. Fi. |
P. 1. 2.
1 M. 6.
Br. 3. 16. |
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So to take an old Seal from another Patent, &c.
and put it to a new
Patent, &c. yet quære whether this be Treason, or but
Misprison. M.
Stamf. fol. 3. c. saith, that it was adjudged to be Treason
in his time. Vide
Ibidem. And so said Sir H. Yelverton. Rolls part
2. p. 51. |
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" One counterfeited the Crown in the Signet, and
left out divers words
" of the Kings Stile, and added some others that were not in the Stile
of
" purpose that there might be a variance between them; yet it was adjudged
" that this was a counterfeiting by putting this false Seal to the
" Paper, and thereby getting the Great Seal to a Patent. Robinsons
case,
" M. 16 Jac. Rolls R. part. 2. 50. |
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