Statute of
treasons.
Treasons
defined by
the act of
Edward III.
Additions
under
Richard II.
536 Constitutional History. [chap.
be drawn and to suffer the penalties of felony, death, forfeiture,
and. corruption of blood. Britton, who more clearly states the
idea of ‘betrayal’ as distinct from that of ‘lese-majesty1,’ and
includes in treason any mischief done to one to whom the doer
represents himself as a friend, states the points of high treason
to be—to compass the king’s death, or to disinherit him of his
realm, or to falsify his seal, or to counterfeit or clip his coin.
These were among the points established, no doubt under the
maxims of the lawyers, by the statute of treasons passed in
1352, which were—the compassing the death of the king,
queen, or their eldest son; the violation of the queen or the
king’s eldest unmarried daughter, or his son’s wife ; the levying
of war against the king in his realm ; adhering to the king’s
enemies, counterfeiting his seal or money, or importing false
money, and the slaying of the lord chancellor, treasurer, or
judges in the discharge of their duty2. New points of possible
treason were to be decided by parliament as they arose, and
unfortunately this assertion by parliament of its own power was
not a dead letter. In 1382, in the alarm which followed the
rising of the commons, it was made treason to begin a riot
or rumour3 against the king. In the parliament of 1388 the
judges affirmed the illegality of the appeal of treason brought
against the king’s friends, but the lords decided that, in so
high a matter, the question of legality belonged not to the
justices, but to the lords of parliament, and found the appeal
to be good4. That great appeal certainly contained many
points which could not fairly be treated as treason ; but the
domini regɪs vel exercitus suɪ, vet procurantibus auxilium et consilium
praebuerit vel consensum, licet id quod in Voluntate habuerit non per-
duxerit ad effectum fo. ιι8 b. ‘ Continet etiam sub se crimen Iaesae
majestatls crimen falsi,’ &c. ; ibid. ; Fleta, lib. i. c. 21, p. 31.
ɪ Britton, lib. i. c. 9 : ‘ Tresun est en elɪeseun damage qe hoɪn fet a escient
ou procure de fere a cely a qui horn se fet ami . . . graunt tresoun est a
Compasser nostre mort ou de nous déshéritée de noster resume ou de
fauser noster seal, ou de Countrefere nostre monee ou de retoundre ; ’ ed.
Nichols, i. 40. Compare the general account of treason given in the laws
of Henry 1, art. Ixxv; Assises de Jerusalem, i. 159 sq. ; Blackstone,
Comm. iv. 74-93.
2 Stat. 25 Edw. Ill, st. 5. c. 2 ; Stat. i. 320 ; Rot. Parl. ii. 239.
3 Stat. 5'Rich. II, st. i. c. 6; Stat. ii. 20.
4 Stat. 21 Rich. II, cc. 3, 4.
XXi.] Legislation on Treason. 537
question decided probably concerned the form only. The
power, once asserted, was turned to account by Bichard II
in his attempt at absolutism ; and he prevailed on the parlia-
ment of 1397 to declare it to be high treason to attempt the
reversal of the acts done in that session1. Yet in the VeryFourpointe
same session the king, by the assent of the lords spiritual and ι397.
temporal and the commons, defined the four points of treason
even more succinctly than they had been defined by the statute
of 13522: every one who compasses and purposes the death
of the king, or to depose him, or to surrender his liege homage,
or who raises the people and rides against the king, to make
war in the realm, and is thereupon duly attainted and judged
in parliament, is to be counted guilty of high treason against
the crown. The act of the first year of Henry IV declared Legislation
. p . η. ... . η ιιι of Henry I∖
appeals ot treason in parliament illegal, and repealed the acts
of Richard by which new treasons had been created3. In the Newtrea-
• л TT 1ГТ 1 ’ ∩ sons
reign of Henry VI the list of treasons was enlarged by the Henry vɪ.
inclusion of some new offences ; the man indicted, appealed, or
arrested on suspicion of treason, if he escaped from prison, was
declared guilty of treason ; the burning of houses in execution
of a threat to extort money, and the carrying off cattle by the
Welsh marauders out of England, were made high treason4.
These acts however illustrate rather the increasing severity of
the law than the doctrine of treason itself, which received little
legislative modification during the rest of the period before us.
The cruelties and severities of the Wars of the Roses can Iiardly
be held to prove anything as to the accepted doctrine on the
point, any more than the attempts made earlier and later to
extend the penalties of constructive treasons. Edward IV,
greatly to his credit, refused to allow sacrilege to be made high
treason5. The reign of Henry VIII has, as one point of bad Treason
pre-eminence, the multiplication of treasons ; and in most of Henry viɪɪ
the new treasons the offence against the king’s person again byTtay'.4
becomes the leading idea : the legislation of Mary, however
1 Stat. ii. no. 2 Rot. Parl. iii. 351 ; Stat. ii. 98, 99.
3 I Hen. IV, cc. 10, 14 ; Stat. ii. 114, 116.
i See Statutes, iɪ. 226, 242, 318 ; Rot. Part. iv. 260, 349 ; v. 54.
5 Rot. Parl. v. 632.