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
These observations are particularly applicable to that class of cases
so repugnant to the general understanding of mankind, and, I believe,
of most lawyers, wherein trifling insurrections for the purpose of
destroying brothels or meeting-houses have been held treasonable under
the clause of levying war. Nor does there seem any ground for the
defence which has been made for this construction, by taking a
distinction, that although a rising to effect a partial end by force
is only a riot, yet where a general purpose of the kind is in view it
becomes rebellion; and thus, though to pull down the enclosures in a
single manor be not treason against the king, yet to destroy all
enclosures throughout the kingdom would be an infringement of his
sovereign power. For, however solid this distinction may be, yet in
the class of cases to which I allude, this general purpose was neither
attempted to be made out in evidence, nor rendered probable by the
circumstances; nor was the distinction ever taken upon the several
trials. A few apprentices rose in London in the reign of Charles II.,
and destroyed some brothels.[237] A mob of watermen and others, at the
time of Sacheverell's impeachment, set on fire several dissenting
meeting-houses.[238] Everything like a formal attack on the
established government is so much excluded in these instances by the
very nature of the offence and the means of the offenders, that it is
impossible to withhold our reprobation from the original decision,
upon which, with too much respect for unreasonable and unjust
authority, the later cases have been established. These indeed still
continue to be cited as law; but it is much to be doubted whether a
conviction for treason will ever again be obtained, or even sought
for, under similar circumstances. One reason indeed for this, were
there no weight in any other, might suffice; the punishment of
tumultuous risings, attended with violence, has been rendered capital
by the riot act of George I. and other statutes; so that, in the
present state of the law, it is generally more advantageous for the
government to treat such an offence as felony than as treason.
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