Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
This from henceforth will become our standard of constitutional law,
instead of the statute of Edward III., the latterly received
interpretations of which it sanctions and embodies. But it is to be
noted as the doctrine of our most approved authorities, that a
conspiracy for many purposes which, if carried into effect, would
incur the guilt of treason, will not of itself amount to it. The
constructive interpretation of compassing the king's death appears
only applicable to conspiracies, whereof the intent is to depose or to
use personal compulsion towards him, or to usurp the administration of
his government.[233] But though insurrections in order to throw down
all enclosures, to alter the established law or change religion, or in
general for the reformation of alleged grievances of a public nature,
wherein the insurgents have no special interest, are in themselves
treasonable, yet the previous concert and conspiracy for such purpose
could, under the statute of Edward III., only pass for a misdemeanour.
Hence, while it has been positively laid down, that an attempt by
intimidation and violence to force the repeal of a law is high
treason,[234] though directed rather against the two houses of
parliament than the king's person, the judges did not venture to
declare that a mere conspiracy and consultation to raise a force for
that purpose would amount to that offence.[235] But the statutes of 36
& 57 Geo. 3 determine the intention to levy war, in order to put any
force upon or to intimidate either house of parliament, manifested by
any overt act, to be treason, and so far have undoubtedly extended the
scope of the law. We may hope that so ample a legislative declaration
on the law of treason will put an end to the preposterous
interpretations which have found too much countenance on some not very
distant occasions. The crime of compassing and imagining the king's
death must be manifested by some overt act; that is, there must be
something done in execution of a traitorous purpose. For as no hatred
towards the person of the sovereign, nor any longings for his death,
are the imagination which the law here intends, it seems to follow
that loose words or writings, in which such hostile feelings may be
embodied, unconnected with any positive design, cannot amount to
treason. It is now therefore generally agreed, that no words will
constitute that offence, unless as evidence of some overt act of
treason; and the same appears clearly to be the case with respect at
least to unpublished writings.[236]
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