TREASON (Fr. trahison, Lat. traditio, from tradere, to give up or betray), in the law of the United Kingdom, is the highest civil crime which a member of the community can commit, being treachery against the sovereign. By the ancient common law of England, there was great latitude as to what was held by the judges to be treason, whereby, says Blackstone (b. iv. c. vi.), the creatures of tyrannical princes had oppors tunity to create abundance of constructive treasons, that is, to raise, by forced and arbi trary constructions, offenses into the crime and punishment of treason, which never were suspected to be such. Thus, the accroaching, or attempting to exercise royal power—a very uncertain charge—has been treated as treason; and killing the king's father or brother, or even his messenger, has also been so treated. The inconvenience of these constructive treasons led to the passing of the statute of 25 Ed. III. c. 2, which attempted to define treason, and it was defined in five forms: 1. When a man compasses or imag ines the death of the king, queen, or their eldest son and heir. Under this clause it was held that the husband of a queen-regnant was not included; but it includes a king de facto without regard to his title. The phrase "compassing and imagining the death of a king," has given rise to much discussion. but it has been taken to mean the mere pur pose or design, as distinguished from the carrying such design into effect; nevertheless, the purpose can only be proved by some overt act, such as providing weapons or ammu nition for the purpose of killing the kirr, assembling and consulting on the means to kill the king, etc. The law has often, however, been strained, and in arbitrary reigns even a sermon unpreached was held to convict Peachum; and a paper found in a closet, to convict Algernon Sidney, though merely speculative in its character. 2. Another form of treason is the violating of the king's companion (i.e., wife), or his eldest daughter unmarried, or the wife of the king's eldest son and heir. 3. Another form. is that of levying war against the king in his realm, either by taking arms to dethrone the king, or under pretense to reform religion or the laws; by resisting the king's forces; by joining an insurrection, with an avowed design to pull down all inelosures, all brothels, and the like; though such a conspiracy, if aimed at a particular house, would be only a riot. 4. It is also treason to adhere to the king's enemies in the realm by giving them
aid and comfort, as by sending intelligence or provisions, or selling arms. 5. Lastly, it is treason to slay the chancellor, treasurer, or the king's justices of the bench, or in assize, while in their places administering justice. Besides these specific forms of treason, the statute of Edward III. enacted that, if there should be other cases not above specified, the judge should tarry without going to judgment, till the king and parliament should judge it treason or other felony—which was a safeguard against the judges indulging too much in refinements about constructive treason. At a later period, between the reigns of Henry IV. and queen Mary, the courts returned to the system of inventing constructive treasons, and actually included as such the clipping of money, burning houses to extort money, refusing to abjure the pope, etc. These and other newfangled treasons were totally abolished by a statute of 1 Ed. 'VI. c. 12. By a subsequent statute of 1 Anne c. 17, whoever endeavors to hinder the next in the succession under the act of settlement, from succeeding to the crown, is to be held guilty of treason; and whoever maliciously affirms another to have right to the crown, otherwise than according to the net of settlement, commits treason. Moreover, by 36 Geo. III. c. 7, whoever compasses or intends death or bodily harm to the person of the king, is to be adjudged a traitor. One of the characteristics of an indictment for treason is, that a copy of the indictment, and a list of the witnesses and jurors, must be delivered to the prisoner. This informa tion, which gives the names, and also the places of abode of all the witnesses, must be delivered to the prisoner ten days before the trial; and the prisoner is entitled to have counsel assigned to defend him. This right, which prisoners accused of other crimes have not in English law, was conferred by a statute of Will. III.