Page:The New International Encyclopædia 1st ed. v. 19.djvu/501

* TBEADWELL. 433 TEEASON. TREAIVWELL, Daniel (1791-1872). An American inventor, born at Ipswich, JIass. Among liis more important inventions are a power printing press ; a system of turnouts for single-traciv railroads (182G); the (Jypsey, a hemp-spinning machine for the manufacture of cordage (1829) ; and a method of constructing cannon from wrouglit iron and steel. ' Of these, the spinning machine was probably the most successful. In 1822, in conjunction with Dr. John Ware, Iio founded the Bonton Journal of Philosoiihy and the Arts; and from 18.34 to 1845 he occupied the chair of Eumford professor at Harvard. Consult Memoirs of the American Academt/ of Arts and Sciences, vol. xi. (Cam- bridge, 1888). TBEASOIC (OF. traison, iraisson, trahison, Fr. trahison, treason; from Lat. traditio, sur- render, delivery, tradition, from tradere, to de- liver over, betray, from trans, across, over + ■dere, Gk. Tidtvai, tithenai, Skt. dlid, to put, place). At common law there were two dis- tinct classes of crime knoi as treason, termed respectively high treason and petit treason. The first was disloyalty to the sovereign or a violation of the allegiance due to him. The second was a violation of the allegiance due from an inferior to a superior, by taking the life of the superior, as of a w-ife to her husband, a ser- vant to his master, or an ecclesiastic to his su- perior. Petit treason is now everywhere pun- ished only as a homicide. High treason, being in effect treachery against the sovereign, was the highest crime which a subject could commit. By the ancient common law, however, the crime was not clearly defined; hence there was great latitude as to what was held by the judges to be treason, whereby, says Blackstonc, "the creatures of tyrannical princes had opportunity to create abundance of constructive treasons, that is, to raise, b.y forced and arbitrary constructions, of- fenses 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 construc- tive 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 ) AVhen a man compasses or imagines 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 in- cludes a king de facto without regard to his title. The phrase "compassing and imagining the death of a king" has been held to mean the mere purpose or design, as distinguished from the carrying such design into effect; neverthe- less, the purpose can only be proved by some overt act, such as providing weapons or ammuni- tion for the purpose of killing the King, or as- sembling and consulting on the means to kill the King, although such acts might fall short of the legal definition of an attempt. The law has often, however, been strained, and in those arbitrary times even a sermon unpreached was held to convict Peacham ; and a paper found in a closet, to convict Algernon Sidney (1683), though merely speculative in its character. (2) Another form of treason was the violating of the King's companion (i.e. wife), or his eld- est daughter unmarried, or the wife of the King's eldest son and heir. (3) Another form was 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 law.s; by resisting the King's forces; or by joining an insurrection. ( 4 ) It was also treason to ad- here to the King's enemies in the realm by giving them aid and comfort, as by sending intelligence or pi'ovisions or selling arms to them. (5) Lastly, it was treason to slap the Chancellor, Treasurer, or the King's justices of the bench, or in assize, while in their places administering justice. Be- sides 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 felonj' — 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 Mary, the courts, nevertheless, returned to the practice of invent- ing constructive treasons, and included as such the clipping of money, burning houses to extort money, refusing to abjure the Pope, etc. These and other newly invented treasons were totally abolished by a statute of 1 Ed. VI., c. 12, but many of like nature were established under Elizabeth. A subsequent statute of 1 Anne, c. 17, provided that whoever endeavors to hinder the next in succession under the Act of Settlement from succeeding to the crown is to be held guilty of treason ; and whoever maliciously aftirnis another to have right to the crown otherwise than according to the Act of Settlement, commits treason. Moreover, by 36 George III., c. 7, whoever compasses or intends death or bodily harm to the person of the King is to be adjudged a traitor. The act of 25 Ed. III., e. 2, was confirmed and made perpetual by 57 Geo. III., c. 6, which with the other statutes referred to embody the English statutory law upon the subject. There have been numerous ^ statutes making certain specific acts treason, but most of these were repealed shortly after their enactment. All acting and abetting in the commission of treason are principals, there being no accessories in the crime of treason. See Prin- cipal; ACCESSORT. A copy of an indictment for treason and a list of the witnesses and jurors, together with the addresses of the latter, must be delivered to the prisoner ten days before the trial ; and he is entitled to have counsel assigned to defend him. This right, which prisoners accused of other crimes have not in English law, was conferred hy a statute of Will. III. The punishment for treason was the most severe and revolting of the harsh punishments imposed by the common law. The traitor was to be drawn on a hurdle to the place of execution, hanged by the neck, his head then severed from the body, the body divided into four quarters, and the head and quarters to be at the disposal of the Crown. But in 1870 these barbarities were abolished, and the penalty is now changed to execution by hanging. The consequence of a conviction of treason was also forfeiture (q.v. ) and corruption of blood, the corruption of blood