Engrossed in the action of the play and welcoming the retribution now about to be visited upon these wicked characters, the average reader will trouble himself little with the justness of the charge on which Edmund is now about to undergo trial by combat. If the subject even occurs to him he will probably satisfy himself with the brief reflection that Edmund's guilt, being of so deep and extensive a nature, must have encompassed capital treason along with the multitude of his other crimes. Yet if by some means attention is once diverted from the rapid action of these climactic events and directed to the legal aspects of the charge against Edmund, certain doubts are sure to obtrude themselves, for there is hardly any crime in the English code so severely limited by statute as capital treason, or, as it is more often called, high treason, and none about which the evidence must be of so unequivocal a nature before conviction can be obtained. By Shakespeare's time the meaning of the offense had long been fixed both by common law and statute, the particular statute that governed it still being that of 25 Edw. III, State. 5, C. 2, as enacted by the parliament of I350-I35I. The act has been elucidated with the greatest circumstantiality, clause upon clause, by Sir Edward Coke (1552-i634) in the Third Part of the Institutes of the Laws of England (written during the latter part of his life but not printed until i644) and by Sir William, Blackstone in Vol. IV, Chap. VI, of his Commentaries on the Laws of England (1765); but the digest printed in the New English Dictionary (s. v. Treason) may be sufficiently detailed for our purpose. As delimited in the statute referred to, High Treason or Treason Proper (Norman-French graunt tresoun), as distinguished from petit or petty treason, now usually punished as a felony, was compassing or imagining the king's death, or that of his wife or eldest son, violating the wife of the king or of the heir apparent, or of the king's eldest daughter, being unmarried, levying war in the king's dominions, adhering to the king's enemies, or aiding them in or out of the realm, or killing the chancellor or the judges in the execution of their offices.
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