| 330
§. 7. |
High Treason.
Also to kill the Kings Chancellor, Treasurer, Justices
of either Bench,
Justices in Eyre, Justices of Assize, or Justices of Oyer and
Terminer, being
in his or their place doing his or their Office, is High Treason. |
Chap. 140.
25 Ed. 3. 2.
P. 1. |
|
But because many other like Cases of Treason might
happen, &c. it was
(by the Stat. 25 E. 3. cap. 2.) accorded, That if any other
case supposed
Treason, which is not in that Statute specified, doth happen before any
Justices, the Justices are not to proceed thereupon, until the cause be
declared
before the King and his Parliament, &c. |
|
|
Also by the Stat. of 1 Mar. Parl. 1 &
Sess. 1. it is ordained, That no act,
deed or offence, made Treason, Petty Treason or Misprison of Treason,
by any Act of Parliament or Statute, shall be taken, deemed or adjudged
to be High Treason, Petty Treason or Misprison of Treason, but only
such as be declared to be Treason, Petty Treason or Misprison of Treason,
in or by the Statute of 25 E. 3. or any other declaration or matter
to the
contrary notwithstanding. |
|
§. 8.
Accessory. |
Note, That the Counsellors, Procurers, Consenters,
Abettors and
Aiders to any of the forenamed Treasons, be all within the compass
and danger of High Treason; for in Treason all the Offenders be Principals. |
Stamf. 5. p.
2, 3, 4, 5, 6.
19 H. 6.
476. |
|
To conceal or keep secret any High Treason, is Misprison
of a Treason,
1 E. 6. c. 12. 5 & 6 Ed. 6. c. 11. &
1 El. cap. 6. sc. when a man shall
conceal it, and not discover it to the King, or to some of the Kings Council,
or to some other Magistrate. What the ancient, &c. See
hic postea,
out of Br. lib. 3. & scribe hic. |
P. 8.
1 & 2 P.
& M. c. 10. |
|
' Also all Receivors and Accessories (to High Treason)
after the Offence,
' seem to be in case if Misprison, yet by some they be all Principals.
' Vide postea tit. Accessorie, cap. 18. |
|
|
To set at large unlawfully, any person that is committed
to Prison,
Ward or Custody for Treason, is Treason by the Common Law. See 1
H.
6. fol. 5. Br. Treason, 11. |
|
|
" If a man that is non compos mentis, do
any Act that done by a man of
" sound mind were Treason; it is Treason in him also. Rolls part
2. p.
" 324. |
|
§. 9.
Prison. |
If one that is in Prison for Felony shall break
the prison, whereby a
Traytor being in the same prison shall escape, this is Treason (in him
that
broke the prison) by the Common Law. Vide 1 H. 6. 5. |
|
|
So voluntarily to suffer any person to escape, that
is committed to prison,
or but under arrest for Treason; this is Treason by the Common
Law. Stamf. 32. 1. |
|
|
If two or more do conspire to commit High Treason,
and some or any
one of them after do commit and execute it; this is High Treason in them
all by the Common Law. |
Dyer 58.
Co. 1. 28. |
|
Note also that the aforesaid Statute of 25 E.
3. cap. 2. is but a declaration
and explanation of the Common Law, before, for all the said Treasons
in the said Statute mentioned, were Treason by the ancient Common
Law of this Realm, before the making of the said Statute. |
Co. 8. Pr. 21. |
§. 10.
Treason by
Statute. |
Since which time of King Edw. 3. divers other
Offences were made
Treason (as appeareth by the Statutes 22 Rich. 2. 2 H.
5. 6. 3 Hen. 5.
6. 8. H. 6. 4 H. 7. 18. 22 H. 8.
9. 26 H. 8. 13. 27 H. 8. 2. 28 H.
8.
10. & 18. 31 H. 8. 8. 32 H. 8. 25.
33 H. 8. 21. 35 Hen. 8. 1. and first
Ed. 6. 12. all which were repealed again by the said Statute made
1 M.
Parliament 1. or before, as is aforesaid. |
|
|
 |
