act of the 23 Geo. 3, c. 7, appears a count for compassing to levy war under this statute; and one of the overt acts laid, was simply, that the defendants made and uttered seditious, inflammatory, and treasonable speeches and harangues, the substance of the speeches not being stated; yet this averment was held to be sufficient. But see Francia's case, How. St. Tri. 93. Treason to withdraw any from their obe. dience. 2. SEDUCING OTHERS FROM THEIR ALLEGIANCE. I. Where sithence the statute made in the 13th year of the reign of the queen our sovereign lady, intituled, "An Act against the bringing in, and putting in Execution of Bulls, Writings, and Instruments, and other Superstitious Things from the See of Rome," divers evil-affected persons have practised, contrary to the meaning of the said statute, by other means than by bulls or instruments written or printed, to withdraw divers the queen's majesty's subjects from their natural obedience to her majesty, to obey the said usurped authority of Rome, and in respect of the same to perswade great numbers to withdraw their due obedience from her majesty's laws established for the due service of Almighty God. II. For reformation whereof, and to declare the true meaning of the said law, be it declared and enacted, by the authority of this present parliament, that all persons whatsoever, which have or shall have, or shall pretend to have power, or shall by any ways or means put in practice to absolve, perswade or withdrawany of the queen's majesty's subjects, or any within her highness' realms and dominions from their natural obedience to her majesty; or to withdraw them for that intent from the religion now by her highness' authority established within her highness' dominions, to the Romish religion, or to move them or any of them to promise any obedience to any pretended authority of the see of Rome, or of any other prince, state, or potentate, to be had or used within her dominions, or shall do any overt act to that intent or purpose; and every treason to be of them shall be to all intents adjudged to be traitors, and being thereof lawfully convicted shall have judgment, suffer, and forfeit, as in case of high treason. And if any person shall, after the end of this session of parliament, by any means be willingly absolved or withdrawn as aforesaid, or willingly be reconciled, or shall promise any obedience to any such pretended authority, prince, state, or potentate, as is aforesaid, that then every such person, It shall be reconciled or with drawn to the Romish religion, with intent, &c. their procurers and counsellors thereunto, being thereof lawfully convicted, shall be taken, tried, and judged, and shall suffer and forfeit as in cases of high treason. III. [The penalty of aiders, maintainers, and counsellers.] (See note to the next statute.) 3 Jac 1, c. 4. withdraw any from the Pope. XXII. Be it enacted, &c. that if any person or persons, Putting in at any time after the said 10th day of June, shall, either practice to upon the seas or beyond the seas, or in any other place absolve or within the dominions of the king's majesty, his heirs and successors, put in practice to absolve, perswade, or with- obedience, draw any of the subjects of the king's majesty, or of his or to recon heirs and successors of this realm of England, from their cile them to natural obedience to his majesty, his heirs or successors, or Being withto reconcile them to the pope or see of Rome, or to move drawn or them or any of them to promise obedience to any pretended reconciled. authority of the see of Rome, or to any other prince, state, or potentate; that then every such person, their procurers, counsellors, aiders, and maintainers, knowing the same, shall be to all intents adjudged traitors, and, being thereof lawfully convicted, shall have judgment, suffer, and forfeit, as in cases of high treason. Note. This act is much more strictly penned than the statute of 13 Eliz. c. 1, the words, "to that intent," which limited the operation of the statute of Elizabeth being here omitted. But the latter part of the above section of the 3 Jac. 1, c. 4, is annulled by the 31 Geo. 3, c. 32, as to persons taking the oath prescribed by that act. See the next note. 3. OFFENCES BY PAPISTS. 5 Eliz. c. 1. X. For a stronger defence and maintenance of this act, it is further ordained, enacted, and established by the authority aforesaid, that if any such offender or offenders, as is aforesaid, of the first part or branch of this estatute, that is to say, by writing, ciphering, printing, preaching, or teaching, deed, or act, advisedly and wittingly hold or stand with, to extol, set forth, maintain, or defend the authority, jurisdiction, or power of the bishop of Rome, or of his see, heretofore claimed, used, or usurped within this realm, or in any dominion or country, being of, within, or under the queen's power and obeysance; or by any speech, open deed, or act, advisedly and wittingly attribute any such manner of jurisdiction, authority, or pre-eminence to the said see of Rome, or to any bishop of the same see for the time being, within this realm, or in any of the queen's dominions or countries; or be to any such offender or Note. offenders abetting, procuring, or counselling, or aiding, assisting, or comforting, upon purpose, and to the intent to set forth, further, and extol the said usurped power, authority, or jurisdiction, after such conviction and attain. der as is aforesaid, do eftsoons commit or do the said offences, or any of them, in manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid : IXI.. Then every such offender or offenders, for the same second offence and offences, shall forfeit, lose, and suffer such like and the same pains, forfeitures, judgment, and execution, as is used in cases of high treason. XII. [No corruption of blood or forfeiture of dower for any attainder by this act.] This act, if at all in force, can now refer only to the temporal authority of the see of Rome; for the 31 Geo. 3, c. 32, s. 4, enacts that no person who shall take and subscribe the oath therein appointed shall be presented, indicted, sued, impeached, prosecuted, or convicted, in any civil or ecclesiastical court in this realm, for being a papist, or reputed papist, or for professing or being educated in the papist religion, or for hearing or saying mass, or for being a priest or deacon, or entering or belonging to to any ecclesiastical order or community of the Church of Rome, or for being present at, or performing or observing any rite, ceremony, practice, or observance of the popish religion, or maintaining or assisting others therein. The words of the 11th section of the statute of Elizabeth, which are here omitted, are also in effect repealed by the 31 Geo. 3, c. 32. They made a second offence, in refusing to take the oath of supremacy after a former conviction, high treason. The oath of supremacy was that of 1 Eliz. c. 1; but by the 1 W. & M. c. 8, this oath and the oath of allegiance or obedience, established by the 3 Jac. 1, c. 4, are abrogated; and for these oaths other oaths of allegiance and supremacy (being the same as are also provided by the 1 Geo. 1, st. 2, c. 13) are substituted; and the new oaths are required to be taken, and a declaration subscribed by the same persons as had been required by former acts to take the abrogated oaths. But the 31 Geo. 3, c. 32, s. 18, after mentioning the old oaths of supremacy and allegiance, and their abrogation and the substitution of the new oaths, by the 1 W. & M. c. 8, and the adoption of the new oath of supremacy by the 1 Geo. 1, st. 2 c. 13, and reciting, that under the provisions of the last two acts, persons in general were liable to have the oath of supremacy tendered to them, and were exposed to penalties for not taking such oath when tendered; and then, shortly mentioning the declaration against transubstantiation, enacts that, after the 24th of June, 1791, no person shall be summoned to take the oath and make the declaration above mentioned. The other penal statutes against the Catholics, which involve high treason, but which, being similarly affected by the 31 Geo. 3, c. 32, it is not deemed necessary to insert here, are the 13 Eliz. c. 2, the 27 Eliz. c. 2, s. 3, 5, (which sections are virtually repealed by 11 & 12 W. 3, c. 4, and 18 Geo. 3, c. 60), and 3 Jac. 1, c. 4, s. 23. 4. HIGH TREASON AGAINST THE PROTESTANT SUCCESSION. 1 Anne, st. 2, c. 17. from suc c. 2, 12 & 13 W.3, c. 2. III. For the further security of her majesty's person, and Any person the succession of the crown in the protestant line, and for endeavour. extinguishing the hopes of the pretended prince of Wales, the next ing to hinder and all other pretenders, and their open and secret abettors; successor to be it enacted by the authority aforesaid, that if any person the crown or persons, at any time after the first day of March, 1702, ceeding, acshall endeavour to deprive or hinder any person who shall cording to be the next in succession to the crown for the time being, the act 1 W. according to the limitations of (the 1 W. & M. s. 2, c. 2), and & M. sess.2, according to one other act, &c., (12 & 13 W. 3, c. 2), from succeeding after the decease of her majesty (whom God long preserve) to the imperial crown of this realm, and the dominions and territories thereunto belonging, according to the limitations in the before-mentioned acts; that is to say, such issue of her majesty's body, as shall from time to time be next in succession to the crown, if it shall please God Almighty to bless her majesty with issue; and during the time her majesty shall have no issue, the Princess Sophia, electress and duchess dowager of Hanover; and after the decease of the said Princess Sophia, the next in succession to the crown for the time being, according to the limitation of the said acts; and the same maliciously, advisedly, and directly shall attempt by an overt act or deed; every such shall be offence shall be adjudged high treason, and the offender guilty of or offenders therein, their abettors, procurers, and com- high treaforters, knowing the said offence to be done, being thereof son, convicted or attainted, according to the laws and statutes of this realm, shall be deemed and adjudged traitors, and and suffer death, &c. shall suffer pains of death, and all losses and forfeitures, as in cases of high treason. Note. The stat. 1 W. & M. sess. 2, c. 2, s. 8, limits the crown and government, after the decease of King William and Queen Mary, to the heirs of the body of the queen, and, for default of such issue, to the Princess Anne of Denmark, and the heirs of her body, and, for default of such issue, to the heirs of the body of King William. The stat. 13 W. 3, c. 2, reciting the death of the queen and of Prince William, Duke of Gloucester, the only sur 6 Anne, c. 7. deemed viving issue of Princess Anne of Denmark, enacts, that after the deceases of the King and Princess Anne of Denmark, and for default of issue of the said princess and of the king, respectively, the crown and government, &c. shall be, remain, and continue to the Princess Sophia, Electress and Duchess Dowager of Hanover, daughter of Elizabeth, Queen of Bohemia, and granddaughter of James I. aud the heirs of her body being protestants. I. Whereas, by the happy union of England and Scotland, it is become necessary to make divers alterations in relation Protestant to an act passed in the parliament of England, in the fourth Succession. year of the reign of her present majesty, whom God long preserve, intituled,"An Act for the better Security of her Majesty's Person and Governmeat, and of the Succession to the Crown of England in the Protestant Line," and to extend the provisions of the said act throughout the whole united kingdom, for the better security of our most gracious sovereign's person and government, and of the succession to the crown of Great Britain in the protestant line, as it is now by the laws and statutes of this realm settled, limited, and appointed; be it therefore enacted, &c., that if any person or persons shall maliciously, advisedly, and directly, by writing or printing, maintain and affirm, Persons who shall declare, &c. the queen not to be lawful queen, or tended Prince of Wales hath any right to the crown, that any other person or persons hath or have any right or title to the same, otherwise than according to (the 1 W. & M. s. 2, c. 2,) and one other act, &c., (the 12 & 13 W. 3, that the pre- c. 2), and the acts lately made in England and Scotland mutually for the union of the two kingdoms; or that the kings or queens of this realm, with and by the authority of parliament, are not able to make laws and statutes of sufficient force and validity to limit and bind the crown, and the descent, limitation, inheritance, and government thereof; every such person or persons shall be guilty of high treason, and, being thereof lawfully convicted, shall be adjudged traitors, and shall suffer pains of death, and all losses and forfeitures, as in cases of high treason. guilty of high trea son. Where and before whom trea sons com mitted out of the realm shall be tried. 5. TRIAL, &c. 35 Hen. 8, c. 2. I. Forasmuch as some doubts and questions have been moved, that certain kinds of treasons, misprisions, and concealments of treasons, done, perpetrated, or committed out of the king's majesty's realm of England, and others his grace's dominions, cannot ne may by the common laws of this realm be inquired of, heard, and determined within this his said realm of England: for a plain remedy, order, and declaration therein to be had and made, be it enacted by authority of this present parliament, that all manner of offences, being already made and declared, or hereafter to be made or declared by any the laws and statutes of this realm to be treasons, misprisions of treasons, or concealments of treasons, and done, perpetrated, or committed, or hereafter to be done, perpetrated, or committed, by any person or persons out of this realm of England, shall be from henceforth inquired of, heard, and determined, before the king's justices of his bench, for pleas to be holden before himself, by good and lawful men of the same shire where the said bench shall sit and be kept, or else before such commissioners, and in such shire of the realm, as shall be assigned by the king's majesty's commission, and by good and lawful men of the same shire, in like manner and |