For the law does not, neither can it permit any private man, or set of men, to interfere forcibly, in matters of such high importance. Also to resist the forces of the state, by defending a castle against them, is a levying of war: and so is an insurrection, with an avowed design to pull down all inclosures, and the like; the universality of the design making it a rebellion against the state, and an insolent usurpation of the powers of government. But a tumult, with a view to pull down a particular house, or lay open a particular inclosure, amounts, at most, to a riot; this being no general defiance of public government. Ibid. Again by the statute of 1777, all persons, owing allegiance to this state, who shall, within or without the Stat. 1777, s. 2. limits of this state, be adherent to the enemies of this state, or any other of the United States, giving to them aid and comfort, within or without the limits of this state, &c. shall be adjudged guilty of treason within this state. And further, all persons, owing allegiance to any other of the United States, who shall, within this state, be adherent to the enemies of this or of any other of the United States, giving them aid and comfort within this state, &c. shall be adjudged guilty of treason within this state. This second species of treason, consisting of "adherence to enemies" is also prohibited by the statute of Edw. 3. before mentioned. We must, therefore, again resort to the English authorities for a commentary upon our own statute. Adherence to enemies, giving them aid and comfort, must be proved by some overt act, as by giving them intelligence, by sending them provisions, by selling them arms, by treacherously surrendering a fortress, or the like. By enemies, are here understood the subjects of foreign powers with whom we are at open war. Ibid. s. 3. 4 Bl. Com. 82, 83. Ibid. 83. Ibid. Ibid. Stat. 1777, s. 20. Ibid. s. 10. As to foreign pirates or robbers, who may happen to invade our coasts, without any open hostility between their nation and our own, and without any commission from any prince or state at enmity with us; the giving them any assistance is also clearly treason; either in the light of "adhering to enemies" or that of "levying war.” And the same acts of adherence or aid, which, (when applied to foreign enemies) will constitute treason under this branch of the statute, will, (when afforded to our own fellow subjects, in actual rebellion at home) amount to treason under the description of “levying war." If a person be under circumstances of actual force and constraint, through a well grounded apprehension of injury to his life or person, this fear or compulsion will excuse his even joining with either rebels or enemies in the state, provided he leaves them whenever he hath a safe opportunity. III. Of the time within which a prosecution for treason must be commenced. By the statute of 1777, no person or persons whatsoever shall be indicted, tried, or prosecuted for any treason, or for misprision of treason, that shall be done or committed in violation of the act, unless the indictment for the same be found within three years next after the treason done or committed. IV. Of the privileges of the prisoner. By the same statute, every person and persons whatsoever, that shall be accused and indicted for treason, or The prisoner entitled for misprision of treason, shall have a true copy of the to a copy of the indictment. whole indictment delivered to them, or any of them, two full days at the least, before he or they shall be arraigned for the same, whereby to enable them, and any of them, respectively, to advise with counsel thereupon, to plead and make their defence; his or their attorney or attor. neys, agent or agents, or any of them requiring the same, and paying the officer his reasonable fees for writing thereof, not exceeding six shillings, for the copy of every such indictment. And every such person, so accused and indicted, ar Ibid. raigned and tried for any treason, as aforesaid, or for Entitled to the asmisprision of treason, shall be received and admitted to sistance of counsel. make his or her full defence by counsel, learned in the law, and to make any proof that he or they can produce, by lawful witness or witnesses, who shall then be upon oath for his or their just defence in that behalf. Ibid. Counsel to be assign by the court. And in case any person or persons, so accused and indicted, shall desire counsel, the court before whom such person or persons shall be tried, or some judge of that ed to the prisoner court, shall, immediately assign to such person or persons, such and so many counsel, not exceeding two, as the person or persons shall desire, to whom such counsel shall have free access at all seasonable hours. Furthermore, by the same statute, all and every person and persons who shall be accused, indicted and tried for treason, or for misprision of treason, shall have copies of the pannel of the jurors who are to try them, delivered unto them and every of them so accused and indicted respectively, two days at least before he or they shall be tried for the same. Ibid. s. 17. The prisoner entitled to a copy of the pannel of the jurors. Ibid. Process to compel the And all persons so accused and indicted for any treason, as aforesaid, or for misprision of treason, shall have the like process of the court where they shall be tried, appearance of the to compel their witnesses to appear for them at any such prisoner's witnesses. trial or trials, as is usually granted to compel witnesses to appear against them. Moreover, by the same statute, judgment given upon any indictment shall and may be liable to be reversed upon a writ of error, to be brought by the person thereby attainted, or, in case of his death, by any of his heirs, in the same court wherein such judgment was had and given. Ibid. s. 19... Writ of error. Furthermore, by the same statute, every person indicted for treason, or misprision of treason, who shall have voluntarily and duly pleaded to such indictment, and put himself upon God and the country for trial, shall be admitted peremptorily to challenge twenty of the jury and no more. And if any person indicted as aforesaid, after having voluntarily pleaded as aforesaid, shall refuse to put himself upon God and the country for trial, or shall peremtorily challenge a greater number of the jury than twenty, the court shall disallow of all such challenges over and above the said number of twenty; and the jury shall be charged, and the trial shall proceed in like manner, in all respects, and the like judgment shall be given as would and ought to have been had and given if the person so indicted, and having pleaded, had duly put himself upon God and the country for his trial, and had not peremptorily challenged a greater number of the jury than in and by the act he is admitted to challenge. V. Of the evidence. By statute it is enacted, that no person or persons whatsoever shall be indicted, tried or attainted of treason, or of misprision of treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one, and the other of them to another overt act of the same species of treason, unless the party indicted and arraigned or tried, shall willingly, without violence, in open court confess the same. Moreover, by the same statute, if two or more distinct treasons, of divers heads or kinds, shall be alleged in one bill of indictment, one witness produced to prove one of the said treasons, and another witness produced to prove another of the said treasons, shall not be deemed or taken to be two witnesses to the same treason, within the meaning of the act. Furthermore by the same statute, no evidence shall Ibid. s. 16. be admitted or given of any overt act that is not express- What overt acts may ly laid in the indictment against any person or persons be proved. whatsoever. VI. Of the forfeitures consequent on a conviction of treason. Ibid. s. 9. In case of outlawry. Forfeiture of goods, etc. So by the same statute, every offender, being lawfully convicted of any manner of treasons by process of outlawry, according to the due course of law, shall lose and forfeit, to the use of this state, all goods and chattels etc. which he shall be possessed of at the time of such conviction, and all lands, tenements and hereditaments which Lands, etc. any such offender or offenders shall have, of any estate of inheritance in use or possession, by any right, title or In use or possession, means, within this state or elsewhere, at the time of any such treason committed, or any time after; saving to every person and persons, their heirs and successors, (other than the offenders in any treasons, their heirs and successors, and such person and persons as claim to any their uses) all such rights, titles, interests, possessions, leases, rents, offices and other profits, which they shall have at the day of committing such treasons, or at any time afore, in as large and ample manner as if the act had never been made. Saving the rights of third persons. Immediately upon estate. Furthermore, by the same statute, this state shall be Ibid. s. 22. deemed and adjudged in actual and real possession of the lands, tenements, hereditaments, uses, goods, chat- attainder the state to be adjudged in possession of the traitor's tels, and all other things of the offender attainted of treason or misprision of treason, which such offender, so being attainted, ought or might lawfully lose and forfeit, to the use of this state immediately upon such attainder. Moreover, by the same statute, nothing therein con- Ibid. tained, nor any attainder or attainders of any person or persons, for any offence or offences made treason by the blood. act, shall in any wise extend, or be judged, interpreted or expounded to work any corruption of blood to any the No corruption of |