Importing counterfeit mo

ney.

Offenders not

bailable.

court, or in the presence of some justice of the peace, and then to be delivered to or for such person to whom the same shall appertain. 8 & 9 Will. 3. c. 26.

$.5.

Also by the said stat. 25 Ed. 3. stat. 5. c. 2, if any per son shall bring false money into the realm, counterfeit to the money of England, knowing the same to be false, to merchaɛdize or make payment, in deceit of the king and his people, he shall be guilty of high treason.'

And also by 1 & 2 Phil. & Mary, c. 11. s. 2, if any perser shall bring from parts beyond the sea, in this realm or the de minions thereof, any false and counterfeit coin of money, like to the gold or silver coin of foreign realms, being current with this realm, by the king's consent, knowing the same to be fir and counterfeit, to the intent to utter or make payment with the same within this realm, or the dominions thereof, by merchandizing or otherwise; such persons, their counsellos, procurers, aiders and abettors, shall be guilty of high treason; " and suffer death, loss of lands, goods and chattels.

Bringing of counterfeit money into the realm, is not within the meaning of these statutes, unless it be like either themonly of England, or like such money of other realms, as is current within this realm. 5 Bacon's Abr. 130.

But it is not necessary that the counterfeit money should exactly like the true money. 1 Hale's Hist. 184, 214. It also must be brought by one who knows it is false. 1H c. 17. s. 66.

And it must be brought from a foreign nation, and not from Ireland, or other place subject to the crown of England. 3 Isd. 18. 1 Hawk. c. 17. s. 67.

It also seems to be the better opinion, that the bringing of counterfeit money into the realm, from a foreign nation, is not high treason; unless there be a merchandizing with, or pay. ment of the money. 3 Inst. 18. 1 Hale's Hist. 229. 1 Hask. c. 17. s. 68. 5 Bacon's Abr. 130.

However prosecutions for the first of these offences, namely," the importing of money, counterfeit to the similitude of English coin, have been very rare; and for the others, that is to say, counterfeiting foreign coins, legitimated by proclamation, and importing such coin, there can be none as things stand at present, till the crown shall be advised to legitimate some species of foreign coin. There is none now current among us that is. legitimated, and most probably none will be; for if the offesces of counterfeiting and diminishing foreign coin, and of in porting such counterfeit and diminished coin, which are great evils, and daily growing, were made more penal than they are at present, it is not certain whether any good end could be answer ed, by legitimating any species of it; on the other hand, there seem to be great inconveniences that would attend it. Foster, 226, 227.

Persons taken for false moncy are not bailable by justices of the peace. 3 Ed. 1, c. 15.

But the justices may and ought to take information upon ath touching it; and take the examination of the offenders nd imprison them, and bind over witnesses, and transmit their xaminations and informations to the next sessions of gaol deivery, or oyer and terminer, to be further proceeded upon. Hale's Hist. 372.

There is no necessity of two witnesses in cases of counter- Evidence. iting the coin, as it is in other high treasons; but persons

ay be convicted according to the course of the common law, yone witness only. 1 Hale's Hist. 318, 328.

And on an indictment for clipping and counterfeiting the ng's coin, it is not necessary to prove it the king's coin by oclamation; but as a question of fact, it must be left to e jury upon all the circumstances; and if it be not commonknown, the most that can be expected is, that the indenture the officers of the mint should be produced to prove the curIcy of it. 1 Hale's Hist. 196, 204, 212, 213.

But on an indictment for counterfeiting, clipping, or dimihing foreign coin made current here, on 1 Mary, c. 6, or Eliz. a proclamation with a proclamation writ under the at seal seems necessary to be produced. 1 Hale's Hist. ', 213, 310.

The judginent for high treason, relating to the coin, is, to Judgment. drawn to the place of execution, and there hanged by the k till he be dead. 2 Hawk. c. 48. s. 4.

For other matters concerning the coin in general, see title COIN; and for such offences against the coin as are made felonies by statute, see title FELONY.

11. The offences which have been made high treason, by statutes subsequent to the stat. 25 Ed. 3.

y 5 Eliz. c. 1, if any person shall maintain the authority Maintaining he see of Rome in this realm, he shall incur a præmunire the pope's pow◄ the first offence; and for the second, shall be guilty of er.

K TREASON, but without corruption of blood, and loss of er; prosecution to be within a year; and the justices in ons may enquire thereof, and shall certify the same in the g's Bench. 8. 2, 3, 4, 10, 11.

y 13 Eliz. c. 2, if any person shall get or publish any bull Using papal nstrument from Rome, he shall be guilty of HIGH TREASON, bulls.

his aiders and comforters shall incur a præmunire; and

y person to whom the same shall be offered, not disclosing
same in six weeks to some of the privy council, shall
r the penalty of misprision of high treason.
s. 3, 4, 5.

nd the justices of peace, as well as other justices, may
uire thereof within a year and a day. 23 Eliz. c. 1. s. 8.

y 3 Jac. 1. c. 4, if any person shall put in practice to re- Reconciling

cile any subjects to popery; or if any person shall be wil- others to po

pery.

Receiving pos pish orders or

education.

Refusing a second tender of the oath.

Denying the power of parliament to

mit the succession to the

crown.

Endeavouring to hinder the

succession to the crown.

lingly so reconciled ;* he, his aiders and maintainers, shall be guilty of HIGH TREASON; the trial to be at the assizes, or in the King's Bench. s. 22, 23, 25.

and

By 27 Eliz. c. 2, if any ecclesiastick, born in the king's do minions, and ordained or professed by popish authority, shal remain in the king's dominions, or come from beyond sea, not submit to some bishop, or some justice of peace, within three days, and take the oaths, he shall be guilty of TREASON. s. 3, 10.

And if any subject, not being an ecclesiastick, shall t return from a popish seminary within six months after ap clamation for that purpose in London, and within two di submit himself, and take the oaths before some bishop, or justices of the peace, he shall be guilty of HIGH TREASON Whe ever he shall otherwise return. † s. 5.

By 5 Eliz. c. 1, if any person who shall have a charge, cut) or office, in the church, or any office or ministry in an e siastical court; or if any person who shall wilfully refuse observe the rites of the church of England, after having b admonished by the ordinary, or that shall say or hear priva mass, shall refuse a second tender of the oaths, he shall a guilty of HIGH TREASON, but without corruption of bizot s. 11, 12, 20.

By 6 Ann. c. 7, if any person shall, by writing or printing affirm that the pretender, or any other person, hath any tght or title to the crown, otherwise than according to t Will. & Mary, sess. 2. c. 2, or 11 & 12 l'ill. 3, c. 2, the kings of this realm, by authority of parliament, an able to make laws to limit and bind the crown, and th scent and government thereof, he shall be guilty of meH TRE SON; and if any person shall, by preaching, teaching, vised speaking, affirm the same, he shall incur a præsum s. 1, 2.

But no person shall be prosecuted for words, unless cath made thereof before a justice in three days, and the pres tion be within three months; and the conviction on the of two witnesses.

8. 3.

By 1 Aun. stat. 2. c. 17, if any person shall endeavou deprive or hinder any person, who shall be next in succes to the crown, from succeeding to the crown, according limitations of the said statutes of 1 Will. & Mary, & 12 he shall be guilty of HIGH TREASON.

* But by stat.31 Geo. 3, c. 32, persons taking the oaths theres scribed, are not to be prosecuted for being papists, or professing popish religion. s. 4. See title PAPISTS.

But by the stat. 31 Geo. 3. c 32, popish priests, and other sous professing the Roman catholic religion, are now tolerated ertain conditions. See title PAPISTS.

See the two former notes.

with the pre

By 13 Will. 3. c. 3, if any person shall hold any correspon- Corresponding dence with the pretender (or with his sons, 17 Geo. 2. c. 39), tender or his or knowingly with any person employed by him or them, or sons. shall remit or pay any money for his or their use or service, he

shall be guilty of HIGH TREASON.

with the ene

my.

By 2 & 3 Ann. c. 20, if any officer or soldier shall hold cor- Corresponding respondence with any rebel or enemy, or give them advice or intelligence, either by letters, messages, signs, tokens, or otherwise; or shall treat, or enter into any condition with them, without authority so to do, he shall be guilty of HIGH TREASON. $. 34.

IV. Misprision of treason.

Misprision of treason is an offence consisting in the bare knowledge, and concealment, of high treason*; without any legree of assent thereto. 1 Hauk. c. 20. s. 2.

Every man that knoweth a treason, ought therefore with all speed to reveal it to the king, his privy council, or other magistrate. Hale's Pl. 127.

But if the concealment of high treason be accompanied with iny circumstances which shew an approbation thereof, it amounts to high treason; as if one having notice before-hand, that persons designed to meet, in order to conspire against the governneut, go into their company and hear their treasonable consul. tation, and conceal it; or if one who has been once accidently in such company, and heard such discourse, meet the same com pany a second time, and hear such like discourse, and conceal it. 1 Hawk. c. 20. s. 3.

Also whoever receives and comforts a traitor, knowing him to be such, whether by counterfeiting of coin, or otherwise, is himself a principal traitor; for such a receiving of a felon makes the receiver an accessary to the felony, and whatever makes an accessary in felony, makes a principal in treason, as has been before observed. 1 lawk. c. 20. s. 4.

Neither can a person who has knowledge of a treason, secure himself by discovering that there will be a rising in general, without disclosing the very persons intending to rise; nor even by discovering of those to a private person who is no ma. gistrate. 1 Hawk. c. 20. s. 5.

But it seems that one who is only told in general, that there will be a rising, without knowing any of the persons or parti. culars of the design, is not bound to make any discovery at all. Kel. 22.

Also by 13 Eliz. c. 1, those who forge foreign coin, not current heret, their aiders, abettors, and procurers, are guilty of mişprision of treason.

And that whether it be treason by 25 Ed. 3, or subsequent stalutes. 1 Hawk. c. 20. s. 2.

+ See this under the proper heads, supra.

No one to be

treason, unless within three

But it is said that as a misprision is contained in every trea son whatsoever, any one who is guilty of treason may be proceeded against for a misprison only, if the king pleases. 1 Hawk, c. 20. s. 1.

IV. Manner of proceeding against offenders.

By 7 & 3 Will. 3. c. 3, no person shall be prosecuted for prosecuted for high treason, unless the indictment be found within three years next after the offence, except in the case of designing endeavouring, or attempting any assassination, on the body d the king, by poison or otherwise. s. 5, 6.

years. When to be tried.

Copy of the indictment.

Panel.

And by 31 Car. 2. c. 2, if any person committed for high treason, upon his prayer in open court, the first week of the term, on the first day of the sessions, to be brought to his trial, shall not be indicted in the next term, or sessions after commit. ment, he shall be let to bail, unless it appear to the court, upon oath, that the witnesses for the king could not be pr duced in that time; and if in that case he shall not be indict. ed and tried the second term or sessions, he shall be discharged. s. 7.

By 7 & 8 Will. 3. c. 3. persons indicted for high treasm, whereby corruption of blood shall be made, or for mispri of such treason (except for counterfeiting the coin, the gut seal, privy seal, privy signet, or sign manual, c. 13), stal have a copy of the indictment, paying to the officers 5s. forte same, but not the names of the witnesses*, delivered to them ve dayst before the trial. s. 1.

And they shall have copies of the panel of the jurors delivered to them, two days before the trial.

s. 7.

And shall have the process of the court to compel their wit nesses to appear. s. 7.

Also after the death of the person pretending to be king of England, by the name of James the Third; when any per son is indicted for high treason, or misprision of treason, both a copy of the indictment, and lists of the jurors, and slo

*But see stat. 7 Ann. c. 21. s. 11, infra.

+ This must be intended five days before the arraignment, because the prisoner pleads instanter upon the arraignment. Doug. Rep. 8vo. ed. 591.

In the case of lord George Gordon, Hil. 21 Geo. 3, the attorney general, as the only method of complying with the directions of the act, moved the King's Bench for a rule upon the sheriff, to deliver to the prosecutor a list of the jurymen be intended to return upon the panel, in order that the prosecutor might be enabled to deliver such list to the prisoner; and the rule was drawn up accordingly. 2 Doug. 8vo, ed. 591.