The Rights of Sovereigns

What is the duty of the sovereign? What is the proper punishment of disobedience?

Every attempt to overturn this power is considered as the greatest crime in every nation. It is called high treason. There is a great difference between treason in monarchies and treason in republics.

• In monarchies, treason is an attempt on the king.
• In republics, treason is an attempt on the people’s liberties.

This is why the maxim of assassination came to be established in republics, and not in monarchies. It is the interest of monarchies=

• that the monarch be defended, and
• that no one be allowed to enquire into them.

The laws of monarchy are therefore unfavourable to the assassination of tyrants. In a republic, the definition of a tyrant is quite clear. He is one who=

• deprives the people of their liberty, levies armies and taxes, and
• murders the citizens as he pleases

This man cannot be brought to a court of justice. Therefore, assassination is thought just and equitable in a republic. The present republican governments in Europe, do not encourage this maxim because monarchies now set the fashion, and other governments copy their pattern.

According to our present notions, Oliver Cromwell’s assassination is most shameful. But it was not shameful when the Greek and Roman republics set the trend.

Having noticed this difference between monarchical and republican governments, we shall next consider

The Crimes of Treason

During the Roman Republic, there were three kinds of treason or attacks on the essence of government=

1. Perduellioor – an attempt to subvert the established government by force or rebellion.
2. Proditio – the joining of the enemy, delivering up to him forts, hostages, etc., or the refusing to deliver up garrisons, etc., to the government when demanded. This is called high treason.
3. Laesa maiestas – an insult on the magistrate’s authority. This is not so heinous a crime as the other two. . These were blended during the Roman Empire.

• Throwing a stone at the emperor’s statue, was punished with death.
• Under Honorius, a conspiracy against any of the emperor’s ministers was high treason.

Before the reformation, the crimes accounted as treason by the English law were=

Killing the king, wishing his death, or providing arms against him, with every attempt of this kind are punished capitally.

The gunpowder plot was never executed, yet the conspirators were put to death. Had they intended only the death of some other person, they would not have been executed.

Corrupting the king’s wife or oldest daughter, because these are affronts to the king, and may introduce a spurious offspring to the crown.

If it be a younger daughter, the crime is not so great.

Levying a force against the king, aiding his enemies, etc.

Attempting the life of the chancellor or judge of assize when sitting in court

Previously, this was only a felony. Edward I, however, made the mere wounding of them as treason.

Counterfeiting the king’s great or privy seal, as being an usurpation of the government because by them the acts of government are carried on.

Counterfeiting of the king’s coin

This should not be treason because it is not an attempt on the essence of government. This crime is just forgery and is usually punished as such.

Henry 8th declared himself head of the Church. He assumed the sovereignty in ecclesiastical affairs as a part of his prerogative. This is why he established the court of high commission to judge of ecclesiastics. This was abolished by Mary and restored by Elizabeth. There was some danger then from the Popish [pro-Pope] party.

The Catholic religion was considered as influencing the being of the English government. Therefore, it was declared high treason to bring in any bull of the Pope, agnus deior whatever might support his authority to support popish seminaries, or conceal popish priests.

• This law was proper then but should now be repealed as there is no more need for it.
  • Nowadays, no one would bother to entertain a popish priest.

During the civil war and usurpation of Cromwell, it became a question how far it is lawful to resist the power of government. The court party believed the king to be absolute. The popular doctrine was that the king=

• is only a steward, and
• may be turned out at the pleasure of the people.

After the restoration, the court party got the better and the other party became odious. At the Revolution, the Stewart family were set aside for excellent reasons. The succession established the present family.

By this, the court party was turned out, and began to influence the people.It was therefore enacted that whoever should speak against the present succession should be guilty of treason.

• This is now unnecessary because the government is now so well established.
• There is no reason to take notice of those who write or speak against it.

In Scotland, the laws were very confused with regard to treason.

• Prejudicing the people against the king, or the king against the people, were made high treason.
• But by the Union they are made the same with those of England.

These are the laws of Britain with respect to treason. The puishment is=

• half-hanging
• his entrails are taken out
• his estate, wife’s dowry etc are forfeited
• his family is corrupted so that his children cannot succeed.

Besides these, there are other offences against the crown regarded as felony and not high treason=

1. The making of coin below the standard and the exportation of coin.

The parliament believed that opulence consists in money and so they resolved that everyone can coin bullion without any expense of mintage. Thus, coined money never fell below the value of bullion, and there was a temptation to melt it down. This led to the act declaring this practice as a felony.

2. any attempt to increase the coin, as by the philosopher’s stone, was made felony.

3. destroying the king’s armour is also felony.

4. any attempt against the king’s officers is also felony, and in general whatever is felony against another person is felony against the king.

There are some other small offences lesser than a felony which may be done to the king and is called praemunire.

In the reigns of King John and Henry 3rd, England was entirely under the Pope. His papal representative brought over bulls and raised contributions as he pleased. Long before the Reformation, it was necessary to defend the king’s liberty against the Pope.

Sometimes, the king appointed Person A to a benefice and the Pope appointed Person B and the Pope’s candidate was often preferred. A law was therefore made forbidding any bull from Rome, or any appeal to be sent to Rome. Anyone who refused to ordain the king’s presentee was punished with praemunire regem (i.e. to fortify the king against the Pope). The penalty was forfeiture of goods and outlawry.

After Henry 8th was declared head of the Church by the Pope, it was made a praemunire to attack the king’s prerogative with regard to ecclesiastical matters. Beside these there are other offences called ‘misprisions of treason’ which are either positive or negative.

• Positive misprision of treason is not revealing an attempt against the king’s person, oldest daughter, or heir. It is felony if you do not reveal any information you receive of conspiracies and rebellions.
• Negative misprision is the counterfeiting of foreign coin, such as Portuguese gold. But it is not felony to counterfeit French or Dutch money, because they are not current here.

Finally, there are offences against the king called contempts, which are four=

1. Contempt of the king’s court or palaces.

• A riot committed in any of these is a great indignity offered to the sovereign. Riots in courts of justice are also severely punished, because there persons are often provoked, and if the law were not strict they would disturb the court.

2. Contempt of the king’s prerogative, such as=

• Disobeying the king when lawfully called,
• Going out of the kingdom, when in office, without his leave,
• Refusing to come after a summons under the privy seal,
• Accepting a pension from a foreign prince without the king’s permission, even in a man of letters.

3. Contempt of the king’s person and government (of which many are guilty) such as=

• By saying he is indolent or cowardly
• By saying he has broken the coronation oath
• By speaking disrespectfully of his ministers.

These are never regarded at present, because the government is so well established that writing and speaking cannot affect it.

4. Contempt of the king’s title, by=

• denying it
• preferring the Pretender’s to it
• drinking the Pretender’s health
• refusing the oath of allegiance and abjuration

All these subject to imprisonment or fining, but not to the penalties of treason, felony, praemunire, nor outlawry.