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ths of two witnessess, upon trial, or otherwise convicted attainted by due course of law, then every such person ll be adjudged a traitor, and suffer pains of death, and also Land forfeit as in cases of high treason. But all persons that shall at any time be accused, or indicted Persons accusrosecuted, for any offence made treason by this act shall ed to be entit. entitled to the benefit of the act 7 Will. 3. c. 3, and also Will. 3. & Ann. he provisions made by 7 Ann. c. 11. s. 5.
ome overt act must be alledged in every indictment of high Overt acts. son in compassing the death of the king, or levying war, or ring to the king's enemies; but as there hath been some tiop concerning what shall be said to be such an overt act, Il be proper to consider, 1st, What facts amount to such an tact? 2dly, Whether any words be sufficient? 1 Hawk. 1. s. 29. ) It seems clearly agreed by all, that conspiring the king's 1st. What facts b, and providing weapons to effect it, or sending letters to amount to treaothers to procure it, or actually assembling people, in to take the king into their power, and all other such like rious facts, done in pursuance of a treasonable purpose at the king's person, may be alledged as an overt act, to the compassing his death. 1 Hawk. c. 17. s. 30. has also been adjudged, that the levying war against the person or the bare consulting to levy such war;-or ng together and consulting the means to destroy the king s government, although no method of killing be agreed -or assembling with others, and procuring them to at. the king's death; or listing men in order to depose the may be alledged as overt acts, to prove the compassking's death. 1 Hawk, c. 17. s. 31.
the publishing of written or printed words, containing able positions, tending to alienate the affections of the from the king; as, if a book be published, in which it ted, that it is high time for the people to take the governto their own hands; and that it is honourable and con. us to throw off all allegiance, and to put the king to or the like; is an overt act of compassing or imagining g's death. Kel. 22, 23. soliciting a prince in amity with the crown to invade m, is an overt act of the intention to levy war, and may
as an overt act of compassing the king's death. 14. 1 Hale's Hist. 167.) the sending letters of advice or intelligence to the substate at war with the king, although they be intercephe post office, and do not go, is an overt 'act of adher. he king's enemies. 1 Burrow's Rep. 612. Foster's he party in sen ding, did all he could ; the treason wag
on his part though it had not the effect he intended. Cr. L. 217. IV.
Whether words (2) As to the second point; It has been a great question amount to an whether words only spoken can amount to an ofert set overt act of treason,
compassing the kiog's death ? and the sabject has been ren much considered by all the writers upon crowa law;* but a this day it seems to be clearly agreed, that by the common lae and the stat. of Ed. 3. words spoken in the mere beat of here and not relative to any act or design, amount only to a misdemeanor, and are not overt acts of treason ; but if they uttered in contemplation of some traitorocs purpose ato on foot or intended, and in prosecution of it, it is otherwise 4 Black. Com. 80. Foster's Cr. L. 200.
As to the king's office in the administration of justice, Treason as to This second kind of treason is expressed by the said the king's jus- 25 Ed. 3. stat. 5. c. 2, in the words following: tices.
• If any man slay the chancellor, treasurer, or the bi justices of the one bench or the other, justices in eye justices of assize, and all other justices assigned to be determine, being in their places doing their offices.'
And by 7 Ann. c. 11, to slay any of the lords of or justiciary in Scotland, in the exercise of their ofice, treason. $. 8.
It hath been holden, that the above part of the stat. 3. shall not be extended by equity, to any other high of state besides those expressly named ; nor eren when they are not in the actual execution of their nor to any attempt to kill them; nor even to the wounding of them, unless death easue.
3. As to the king's seal. Counterfeiting
This third kind of high treason, relating to the kit she king's seal. is said to have been high treason at the conimon lar,
expressed by the said stat, 25 Ed. 8. slat, 5. 6. 9. in lowing words;
And if a man counterfeit the king's great or pricy
Also by 1 Mar. stut. 2. c. 6, the counterfeiting the nual or privy signet is made high (reuson.
* And by 7 Ann. c. 21, to counterfeit the scals continued in Scotland, accerding to the 24th artid 'act of union is high treason.'
In the construction of the stat. 25 Ed. 3, it hath bere that it does extend to the aiders and consenters to suck feiting, as well as to the actors; but oot to an intent passing to do it, if it be not actually done ;-oor to
* See 3 Inst. 14. 140. i Hale's Hist. 111. to 190, and $1 I Hawk. c. 17, s. 32 10 45. Foster's Cr. L. 196 to 90%.
great seal to a patent without a warrant for so doing ;to the razing the name of one manor out of a patent, and ting in that of another ;-nor to any artificial removing of
true matter, and adding matter altogether new ;-nor by better opinion, to the taking of the wax impressed with the at seal, from a true patent, and fixing it to a writing porting a grant from the king. 1 Hawk. c. 17. s. 49, 50, 51.
4. As to the king's coin.
the fourth kind of high trcason, by the said stat. 25 Ed. 3. Counterfeiting 1. 5. c. 1. is expressed in these words:
the coin, f any man counterfeit the king's money. fany man counterfeit] Those who coin money without Who deemed king's authority are guilty of high treason, whether they counterfeiters, ar it or not; and those who have the king's authority to a money, are also guilty of high treason, if they make it jaser alloy than they ought. 3 Inst. 16. i Hawk. c. 17.
But the forging or counterfeiting the king's money coined
The king's money.] It is laid down, that the words the ig's money, in this clause, do only mean such gold and sil.
coins as are coined within the realm. 2 Inst. 577. 1 Hawk. 17. s. 57. But the above statute of 25 Ed. 3. being insufficient to reain the mischiefs intended to be remedied by it, further visions have been made by subsequent statutes. For by 1 Mur. sess. 2. c. 6, if any person shall falsely forge Counterfeiting d counterfeit any such kind of coin of gold or silver, as is not foreign coin
proper coin of this realm, and is or shall be current within current here; s realm, by the consent of the crown, they and their coun. lors, procurers, aiders, and abcttors, shall be guilty of high ason. 8.2. And by 14 Eliz. c. 3, if any person shall falsely forge or or that which is unterteit any such coio of gold or silver as is not the coin hot current, this realm, nor perunitted to be current, they and their pro. rers, aiders, and abettors, shall be guilty of misprision of ason, By 5 Eliz. c. 11. clipping, washing, rounding, or filing, for Clipping. cked gain's sake, of any the monies of this realm, or of the minions thereof, or of the monies of any other realm, suffered be curreut within this realm, or the dominions thereof, shall
be adjudged treason; and the offenders, their counsellors, consenters and aiders, being convicted shall suffer death, and forfeit all their goods, and shall also forfeit all their lands, during their lives only: but this is not to make any corru tion of blood to the heirs, of the offender, or make the vi lose her dower; and peers of the realm are to be tried by the peers. c. 2, 4, 5.
And by 18 Eliz.c. 1, if any person shall for wicked br: minishing, falsi- sake, impair, diminish, falsify, scale, or lighten, the paper fying.
monies of this realm, or any the domininions thereof; the monies of any other realms allowed to be carrent, at the tre the offence committed, within England, or any the donika of the same, by the proclamation of the crown, it shal deemed treason, and the offenders, their counsellors, cussenters, and aiders being convicted, shall suffer death, and feit all their goods and chattels absolutely; and all their last during their lives only; but no corruption of blood, or loss
dower ; and peers are to be tried by peers. Porsons, except
And by 8 and 9 Wil, 3. c. 26. 8. 1, 7, 8, made perpetual minters, making 7 Ann. c. 25, if any person whatsoever (other than the pa or mending sons employed in the mint) 'shall knowingly make or D coining tools: or begin or proceed to make or mend, or assist in the make
or mending, of any puncheon, counter puncheon, matris, stas
silkan baloon site Or any press for coining our woody doble
Or any cutting engine for cutting round blanks, force of a screw, out of flatted bars of gold, silver, or metal :
berita bide girls Or shall knowingly, buy, sell, or conceal, or lawful authority, or sufficient excuse for that purpose, ingly have in their houses, custody or possession, aay puncheon, counter puncheon, matrix, stamp, dye, edger, ting instrument, or other tool or instrument before NERE
Such oftenders, their counsellors, procurers, aiders, abettors, being convicted upon indictment or present either in his majesty's court of King's, Bench, or be justices of oyer and terminer, or justices of assize or gaol very (commenced within six months. 7 Ana. c. 95.
ill be adjudged guilty' of high treason, but without corrupn of blood, or loss of dower. Pattern or mould). Hugh Lennard was indicted for hav.
in his possession one mould of lrad, on which was made 1 impressed the figure, stamp, resemblance, and similitude, one of the sides or flats, viz. the head side of a shilling ; and the last clause of this section of the act, in enumerating the ious instruments, omits the words pattern or mould, it was mitted to the opinion of the judges : FIRST, whether a uld is comprized under the general words, or other tool or trument before mentioned: and secondly, if it be so com. ted, whether it should not be described in the indictment, a tool or instrument, mentioned in the former part of the ute.-They were unanimous : FIRST, that this mould was a I or instrument, mentioned in the former part of the sta.
, and therefore comprized under the general words.-And ENDLY, that as it is expressly mentioned by name in the
clause, with respect to the making or mending, it need be averred to be a tool or iastrument so mentioned. Leach's Cas. 92. Vhich will make or impress] So also in the same case, a bt arose, whether a mould, having only the resemblance of coin inverted, was not an instrument which would make impress the resemblance, rather than one on which the mblance was made and impressed (which was the way it
laid in the indictment), the statute seeming to distinguish reen such as will make or impress the similitude, as a ma. ,dye, or mould, and such on which the same is made or ressed, as a puncheon or the like ; a great majority of the es thought the indictment good, because the stamp of the
was certainly impressed on the mould; but they thought ould have been more accurate, had it charged a mould that I make and impress; and in this opinion, some who rwise doubted, acqniesced. Black. Rep. 822. Leach's Ca. 94. he similitude of both or either of the sides). Therefore an ument that would make or impress the figure of only purt ze side of the coin is not within the statute. Cases, B. R. p. Hard. 371.
without lawful authority In indictments for having a ing press, everything which shews that the defendant had uthority, must he negatively averred in an indictment on statute. Addington's Pen. Stat. 149. nowingly have in their houses] This is also an offence at ommon law, for which the offender may be indicted, fined, ried, and imprisoned, as was done in the case of the K. v. on, where the defendant was convicted for having in his Ession two iron stamps, with intent to impress the scep. on sixpences, aod to colour and pass them off for half gui. • 2 Strange, 1074. Tithout corruption of blood). Though corruption of blood