informed, that before the printing and publishing of the false, scandalous, infamous, and defamatory libel hereinafter next mentioned, that is to say, on, &c. and in the morning of Thursday, &c. in the same year, certain false, &c. reports were propagated of intelligence having been given by his said excellency, J. S. during his residence in this kingdom, as envoy extraordinary and minister plenipotentiary as aforesaid, to the said enemies of our lord the king, to enable them the better to conduct themselves in the said wars in which they were then engaged with our said lord the king, that is to say, at, &c.; and the said attorney general of our said present sovereign lord the king for our said lord the king, giveth the court here further to understand and be informed, that John Bew, late of London, printer, being a person of a wicked and malicious disposition, and disregarding the law of nations and the rights and privileges of public ministers of foreign princes and states, and unlawfully and wickedly and maliciously devising and designing to traduce and vilify the reputation, integrity, and [*56] honor of his said *excellency J. S., and unjustly and wickedly to insinuate and cause it to be believed that his said excellency had disregarded his character and dignity of a public minister from her said imperial majesty to our said present sovereign lord the king, and had dishonourably and infamously prostituted the same to serve the enemies of our said present sovereign lord the king, and to confirm as far as in him the said J. B. lay, the said false, &c. reports propagated concerning his said excellency as aforesaid, and unjustly and wickedly to excite and create unwarrantable and injurious jealousies and suspicions of the conduct, integrity, and honor of his said excellency, and to expose him to contempt, and most maliciously and wickedly, as far as in the said J. B. lay, to interrupt and destroy the harmony and friendship which happily subsists between our said present sovereign lord the king and her said imperial majesty, and the said intercourse and commerce between the subjects of our said present sovereign lord the king and the subjects of her said imperial majesty, unlawfully, wickedly, and maliciously, during the time of the said wars, to wit, on, &c. with force and arms, at, &c. to wit, in the parish of, &c. did print and publish, and caused and procured to be printed and published, a certain false, &c. libel, intituled, the General Evening Post, (London) from Thursday, January 18, to Saturday, January 20, 1781, No. 7317, in which said libel of and concerning his said excellency J. S., and also concerning him in his character of such public minister as aforesaid, from her said imperial majesty to our said present sovereign lord the king, respecting the said false, &c. reports, propagated concerning his said excellency as aforesaid, are contained among other things divers false, &c. matter, that is to say, in one part thereof, according to the tenor following, to wit, [here set out libel] to the great scandal, injury, and disgrace of his said excellency J. S., to the great reproach and ignominy of his said excellency, in his character of envoy extraordinary and minister plenipotentiary as aforesaid, in violation of the law of nations, and of the protection and security which public ministers of foreign princes and states ought and are entitled to enjoy in this kingdom, in contempt of our said present sovereign lord the king and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said present sovereign lord the king, his crown and dignity. (1) *CHAPTER V. INDICTMENTS, &c. FOR OFFENCES AGAINST THE Preliminary Observations on the offence of High Treason, Indictment, Defence, Evidence, Judgment, and Punishment. (a) I. AS TO THE OFFENCE OF HIGH TREASON, see i East P. C. 37 to 138, 4 Bla. Com. 74 to 93. Com. Dig. Justices K. It is principally defined and regulated by the stat. 25 Ed. 3 st. 5 c. 2. and 36 Geo. III. c. 7. The 25th Edw. III. st. 5. c. 2. declares it to be high treason "when a man doth compass or imagine the (1) [In the London Edition this indictment contains three counts, see page 56, 57, 58.] (a) As the points upon these sub jects are voluminous, it has been [*60] death of our lord the king, or of our lady his queen, or of their eldest son and heir, or if a man do violate the king's companion, or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir, or if a man do levy war against our lord the king in his realm, or be adherent to the king's enemies in his realm, giving to them aid and comfort in the realm or elsewhere, and thereof be proveably (i. e. upon sufficient proof) attainted of open deed by the people of their condition. And if a man counterfeit the king's great or privy seal, or his money, and if a man bring false money into this realm, counterfeit to the money of England, as the money called Lushburgh, or other like to the [*61] said money of England, knowing the money to be false, to *merchandize, or make payment in deceit of our lord the king, and his people, and if a man slay the chancellor, treasurer, or the king's justices of the one bench, or the other, justices in eyre, or justices of assize, and all other justices assigned to hear and determine, being in their places during their offices." The statute 36 Geo. III. c. 7. enacts that " If any person after the passing of this act, during the natural life of the king, and until the end of the next session of parliament, after a demise of the crown shall, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm leading to death or destruction, maim, or wounding, imprisonment or restraint of the person of the king, his heirs or successors, or to deprive or depose him or them from the style, honor, or kingly name of the imperial crown of this realm, or of any other of his majesty's dominions or countries, or to levy war against his majesty, his heirs or successors within this realm, in order by force or constraint to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe both or either houses of parliament, or to move or stir any foreigner or stranger with force to invade this realm, or any other his majesty's dominions or countries under the obeisance of his majesty, his heirs and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, being legally convicted thereof, by the oaths of two lawful and credible witnesses upon trial or otherwise convicted or attainted by due course of law, then every such offender shall be deemed, declared, and adjudged to be a trai tor. (1) The following is the analysis of the distinct heads of offence. 1 East P. C. 57. 1. The compassing or imagining of the death of the king. 2. Compassing or imagining the death of the queen, or the eldest son and heir of the king and queen. 3. Violating the king's wife or eldest daughter unmarried, or the wife of his eldest son and heir. (1) [Treason against the United States shall consist only, in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court, Const. U. S. chap. 1. sect. 7. art. 3. Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. Cons. chap. 2. sect. 8. art. 3. Congress, legislating on this provision of the constitution, have en. acted, That if any person or persons owing allegiance to the U. States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort, within the United States, or else where, and shall be thereof convicted on confession in open court, or on the testimony of two witnesses to some overt act of the treason, whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death. If any person or persons, having knowledge of the commission of any treason against the United States, shall conceal, and not as soon as may be, disclose and make known the same to the president of the United States, or some one of the judges or justices thereof, or to the president or governor of a particular state, or some one of the judges or justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of treason, and shall be imprisoned, not exceeding four years, and fined, not exceeding one thousand dollars. Act of April 30, 1790. 2 vol. Laws U. S. 92. Any person who shall be accused and indicted of treason, shall have a copy of the indictment, and a list of the jury and witnesses, to be produced on the trial for proving the said indictment, mentioning the names and places of abode of such witnesses and jury, delivered to him at least three entire days before he shall be tried for the same. Laws U. S. vol. 2. page 98. In cases punishable with death, the trial shall be had in the county where the offence was committed, or when that cannot be done without great inconvenience,twelve petit jurors at least, shall be summoned from thence. Laws U. S. vol. 2. page 67. Going with a party to the house of an excise officer, in arms, marshalled and arrayed, and committing other acts of violence and devastation, with an intention to suppress the office of excise, and to compel the resignation of the excise officer, so as to render nul and void, in effect, an act of Congress, is treason. The United States v. Vigol. 2 Dall. Rep. 246, 7. If the object of an insurrection be to suppress excise offices, and to prevent by force and intimidation, the execution of an act of congress, the offence is high treason. U. S. v. Mitchell. 2 Dall. Rep. 355. The The charge of levying war is not of itself sufficient, but assembling, joining, and arraying with the forces of the enemy, is a sufficient overt act of levying war. 1 Dall. Rep. 35.] 4. Levying war against the king in his realm. 5. Adhering to the king's enemies. 6. Counterfeiting the king's seals. 8. Concerning the coin. 9. Concerning papists and the king's supremacy. 10. Concerning the succession to the crown. [*62] *11. Seducing, or attempting to seduce others from their alle. giance. 12. Desertion from the king's forces. These several heads of offence are fully commented upon in 1 East P. C. 58 to 93. Com. Dig. Justices K. And the following precedents of indictments will be found arranged nearly in the same order. The treason must be established by proof of some overt act or apertum factum, which must be laid in the indictment. 3 Inst. 5. 2 East R. 11. 6 East R. 426. The acts to establish that the defendant did" compass or imagine the death of the king," as high treason prohibited by 25 Ed. 3 st. 5. c. 2. are 1st. Actual killing, i East. P. C. 58. 2dly. Preparing means of death, 1 East. P. C. 58. 3dly. Consultation, 1 East P. C. 58. 4thly. Deposing or taking possession of king or government, 1 East P. C. 59. 5thly. Overawing and subverting parliament, 1 East. P. C. 60. 6thly. Levying and consulting to levy war, 1 East P. C. 62. 7thly. By constructive levying of war, 1 East P. C. 63. The acts to establish that the defendant did "levy war against the king in his realm," as high treason prohibited by 25 Ed. 3 st. 5. c. 2. are (1) (1) [United States. As to what constitutes levying war against the United States, the following points have been decided : 1. To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force, a treasonable purpose. Enlistment of men to serve against government, is not sufficient. 4 Cranch Rep. 75. 2. Any assemblage of men, for the purpose of revolutionising, by force, the government established by the United States, in any of its territories, although as a step to some greater projects, amounts to levying war.-1bid. 3. The marching of individuals to a place of rendezvous is not suffi cient, but the meeting of particular bodies of men, and their marching from places of partial, to a place of general rendezvous, is such an assemblage as constitutes levying war. 4. To levy war, is to raise, create, |