endangering their life by bodily harm

be held to be Treasons: comprehending all kinds of Treason then known, under several branches.

We shall see how the crimes specified in our Criminal Code correspond to the various forms of Treason under that Statute.

1. Taking away the life or liberty of the King or of the Heir Presumptive to the Crown or endangering their life by bodily harm

"The principle (upon which the criterion of this crime is founded) is too obvious to need much enlargement. The King is considered as the head of the body politic, and the members of that body are considered as united and kept together by a political union with him and with each other. His life cannot be taken away by treasonable practices, in the ordinary course of things, without involving a whole nation in blood and confusion; consequently, every stroke levelled at his person is, in the ordinary course of things, levelled at the public tranquillity. The law, therefore, tenders the safety of the King with an anxious concern, and, if I may use the expression, with a concern bordering upon jealousy" . Thus wrote Mr. Justice Foster.

Under the English Statute of Treasons above referred to, the first mode of committing the crime consists also in "compassing the death of the King, of his Queen, or their eldest son and heir". The word "compass" signifies the purpose and design of the mind or will and not, as in common speech, the carrying of such design into effect. But as the compassing is an act of the mind, it cannot fall under any judicial cognizance, unless it be demonstrated by some open or overt act. And, therefore, it is necessary that there appear an open or overt act upon which to convict the traitor. As to what might be a sufficient overt act for the purpose of the crime under English Law, confer Blackstone6 .

6 Blackstone, "Commentaries" IV, 79; Kenny op. cit., pp. 308-309