6. Excerpt from "High Treason," The Country Justice, by Michael Dalton (1619)

[The laws regarding high treason in early modern England extend beyond what one might assume would be the main province of treason laws—protecting the body of the sovereign and the country against direct physical assaults—to a constellation of laws covering the sovereign's more indirect rights, such as the monopolistic right to issue coins or the right to determine the state religion. Many of the characters in Cymbeline, including the protagonists, arguably commit treason according to these laws as recorded in Dalton's The Country Justice: arguments exist for considering Cymbeline, the Queen, Clotten, Posthumus, Pisanio, and Imogen, for instance, guilty of various treasonous crimes (including, in Cymbeline's case, crimes against Rome). In addition, Shakespeare draws upon the royal prerogatives for his imagery, including significant use of "coining" (forging) metaphors throughout the play.]

High treason, called in law crimen lesae majestatis{a crime against the sovereign}, is a grievous offense done or attempted against the estate regal, videlicet{that is to say}, against the king (the head, life, and ruler of the commonwealth) in his person, the queen his wife, his children, realm, or authority, as to compass{plot} the death of the king, the queen his wife, or of their eldest son and heir; to intend or imagine their or any of their deaths, though they bring it not to effect: scilicet{to wit}, if they shall declare this by any open act whereby it may be known or to utter{circulate; publish} it by words or letters; to intend to deprive or depose the king or to say that he will be king after the king's death, etc.

If one that is non compos mentis{legally incapable of reason} do kill or attempt to kill the king, it is in him high treason, whereas petty treason{a similar crime to treason, but committed by a wife to a husband, servant to a master, etc.}, homicide, or larceny shall not be imputed to such a person.

One constable pointed to another, saying to his friends, "Behold King Edward!" (who was then dead), and for those words he had judgment and execution as a traitor, but [Coke] observeth that the words were accompanied with other circumstances, which appear not in our usual printed books.

Also, to deflower the king's wife; his eldest daughter, being unmarried; or his eldest son and heir's wife is high treason.

To levy war against the king, etc., in this realm is high treason. Note that to detain or hold a castle or fortress against the king is to levy war against the king. So, to conspire to levy war against the king is high treason.

To practice with a governor of another country to invade this realm is high treason. So, to kill one that is sent in the king's message.

To encounter in fight and kill such as be assisting to the king in his wars, or such as come to help the king, is high treason.

These two last cases were holden{held} to be high treason before the statute of 25 Edw. 3{the 25^th year of King Edward III's reign}.

To be adherent to the king's enemies, aiding them in his realm or elsewhere, is high treason.

But if an alien enemy come to invade this realm and be taken in war, he cannot be indicted of treason, but he shall be put to death by martial law. Otherwise it is of an alien whose king is in league or at peace with our king; he shall be indicted and arraigned of treason and shall have judgment accordingly. An English traitor pleading that he is a subject to a foreign prince shall, notwithstanding, upon a nihil dicit{"he says nothing"; failure to plead innocent or guilty} recorded, have judgment as a traitor.

To counterfeit the king's great seal, sign manual, privy signet, or privy seal is high treason. So, to take an old seal and put it to a new patent, etc., yet quaere{it remains a question} whether this be treason or but misprision. Also quaere of such as without authority shall set the king's seal upon any writing or shall fraudulently thrust a writing amongst others to the seal and so get it sealed.

To counterfeit the king's money or any other coin which is current within this realm is high treason. So, to forge such coin, though he uttereth{circulates} it not. To forge or counterfeit any coin which is not current in this realm is misprision of treason. To clip, wash, round, file, impair, diminish, lighten, or falsify any coin current within this realm is treason.{The methods referred to here are means of diminishing the metal content of a coin by cutting, scraping, filing, treating with acid, or otherwise reducing it incrementally in order to collect the metal thus removed.}

To bring from beyond the sea into this realm any false and counterfeit coin of any other realm being current within this realm, knowing it to be false, is high treason; but to bring such money into England out of Ireland is but misprision, though he knoweth it and uttereth it, quia Hibernia est quasi membrum Angliae{because Ireland is as a limb of England}.

If he which by the king's warrant doth coin money, either in England, Ireland, or elsewhere, maketh it much less in weight than the ancient ordinance, or coineth false metal, it is treason.

To utter{distribute} false money made within this realm or other the king's dominions, knowing thereof, is misprision of treason.

To kill the King's Chancellor, Treasurer, Justice of either Bench{Common Bench or King's/Queen's Bench}, Justice in Eyre{circuit judge}, Justice of Assize{judge at judicial inquests such as jury trials}, or Justice of Oyer and Terminer{circuit judge allowed to hear higher crimes such as treason}, being in his place doing his office, is high treason.

Note that the counselors, procurers{instigators}, consenters{parties}, and aiders to any of the aforenamed treasons be all within the compass and danger of high treason, for in treason all the offenders be principals.

To conceal or keep secret any high treason is misprision of treason.

And all receivers and accessories to high treason after the offense seem to be in case of misprision.

If two or more do conspire to commit high treason, and some of them after do commit and execute it, this is high treason in them all by the common law.

. . .

Misprision

So, to strike any person in the king's court (palace or other house) the king being then in his court; and judgment was given accordingly in such case upon a knight for striking another at Greenwich, the king being there. Yet now see the statute of 33 Hen. 8, c.12{the Offenses within the Court Act, 1541}, that such an offender in the king's palace, although he shall draw blood by striking there, he shall forfeit neither the profits of his lands nor his goods but shall lose his right hand, be imprisoned during his life, and shall pay fine and ransom at the king's pleasure. And so now such offense done in the king's palace shall not have so grievous a punishment as if it be done in Westminster Hall.

. . .

Misprision is properly when one knoweth that another hath committed, or is about for to commit, any treason or felony, but was not, or is not, consenting thereto and will not discover{reveal} the offender to the king or his council, or to some magistrate, but conceals the offense.

For misprision of treason, the offender shall forfeit to the king his goods and chattels{property} forever, and the profits of his lands during his life, and also shall be imprisoned during his life.

. . .

For high treason, the offender shall be hanged, cut down alive, and quartered, and he shall forfeit all his lands and goods, etc., to the king; yea, at this day, his lands entailed shall be forfeited, and his wife shall lose her dower, and his blood shall be corrupted{officially stripping the family of all rank, title, and associated lands}, saving in certain cases.