were burnt, but now the 30 Geo. 3. c. 48. s. 1, directs that the judgment against women on con clause, to consult to levy war directly against the sovereign, to write letters to excite others to join therein, to assemble persons in order to imprison or de-viction of high treason pose the Queen, or to get her into their power, are overt acts of this species of treason. Such deliberate words as show a direct design against the Queen's life, will amount to an overt act of compassing or imagining her death. Bare words, however, not relative to any act or design, however wicked, indecent, or reprehensible they may be, are not in themselves overt acts of high treason, but only misprision, punishable at common law by fine, imprisonment, or other corporal punishment. With regard to the other persons mentioned in this first clause, besides the King or Queen regnant, what will be an overt act of compassing the death of either of them must be determined, not precisely on the same principles: the attempt must be upon their persons, not merely against their state and dignity. Second Species of High Treason, "If a man do violate the king's companion, or the king's eldest daughter unmarried, or the companion of the king's eldest son and heir.” shall no longer be that they shall be burnt, but that they shall be hanged. In this clause, by the word companion is meant wife; and by violation is understood carnal knowledge, as well without force, as with it: and this is high treason in both parties, if both be consenting. Third Species of Treason. "If a man do levy war against our lord the king in his realm." This may be done by taking arms not only to dethrone the Queen, but under pretence to reform religion, or the laws, or to remove evil counsellors, or other grievances, whether real or pretended. To resist the Queen's forces, by defending a castle against them, is a levying of war and so is an insurrection with an avowed design to put down all inclosures, all brothels, and the like; the universality of the intent making it a rebellion against the state, an usurpation of the powers of government, and an insolent invasion of the Queen's authority. But a tumult, with a view to pull down a particular inclosure, amounts at most to a riot; this being no general defiance of public government. A bare conspiracy to levy war does not amount to this species of treason; but, if particularly pointed at the person of the Queen, or her government, it falls with SENTENCES. in the first species, of compassing or imagining the Queen's death. Fourth Species of Treason." If a man be adherent to the king's enemies in his realm, giving to them aid and comfort in the realm or elsewhere." This must likewise be proved by some overt act, as by giving them intelligence, by sending them provisions, by selling them arms, by treacherously surrendering a fortress, or the like. Fifth Species of Treason. "If a man counterfeit the king's great or privy seal." For the punishment of this treason, see FORGERY, under FELONIES. "If a Sixth Species of Treason. man counterfeit the king's money; and if a man bring false money into the realm, counterfeit to the money of England, knowing the money to be false, to merchandise and make payment withal.' This clause is no longer in force, as by the 2 W. 4. c. 34. all former statutes making offences relating to the coin treasons, are now repealed, and in lieu of them, that act now constitutes the law on the subject. For this statute, see COINING, under FELONIES. Seventh Species of Treason.- SENTENCES. the king's justices of the one bench or the other, justices in eyre, or justices of assize, and all other justices assigned to hear and determine, being in their places, doing their office." The crimes which have been declared to be high treason, since the 1 Mary 1., and which are so at the present day, are the following: 1. Those relating to the see of Rome, and declared to be treasons in the 1 Eliz. c. 1. s. 30.; 5 Eliz. c. 1. s. 10. ; 13 Eliz. c. 2. ss. 2, 3.; 3 Jac. 1. c. 4. ss. 22, 23. 2. To secure the Protestant succession, by the 1 Anne, st. 2. c. 17. s. 3., if any person shall endeavour to deprive or hinder any person, being the next in succession to the crown according to the act of settlement, from succeeding to the crown, and shall maliciously and directly attempt the same, by any overt act, such offence shall be high treason. And by the 6 Anne, c.7. s. 1., if any person shall maliciously, advisedly, and directly, by writing or printing, maintain and affirm, that any other person hath any right or title to the crown of this realm, otherwise than according to the act of settlement, or that the kings of this realm, with the authority of parlia SENTENCES. ment, are not able to make laws and statutes to bind the crown and the descent thereof, such person shall be guilty of high treason. 3. By the 36 G. 3. c. 7. s. 1. and the 57 G. 3. c. 6., if any person, during the life of his majesty, and until the end of the next session of parliament after a demise of the crown, shall compass, imagine, invent, devise, or intend death, or destruction, or any bodily harm tending to destruction, maim or wounding, imprisonment or restraint of the king, his heirs or successors, or to depose him or them, or to levy war, within this realm, in order to compel a change of measures, or counsels; or in order to put any force or constraint upon, or to intimidate or overawe either house of parliament; or to move or stir any foreigner or stranger with force to invade this realm, or any other of his majesty's dominions, and such compassing, &c., shall express by publishing any printing or writing, or by any overt act or deed, such person shall be adjudged a traitor, and shall suffer death. PETIT TREASON. SENTENCES. Formerly the punish Petit treason consists in the murder of a person by one who was under a pe- ment of petit treason in |