he great seal to a patent without a warrant for so doing; 4. As to the king's coin. The fourth kind of high treason, by the said stat. 25 Ed. 3. Counterfeiting zt. 5. c. 1. is expressed in these words: If any man counterfeit the king's money. the coin. If any man counterfeit] Those who coin money without Who deemed a king's authority are guilty of high treason, whether they counterfeiters. ter it or not; and those who have the king's authority to in money, are also guilty of high treason, if they make it baser alloy than they ought. 3 Inst. 16. 1 Hawk. c. 17. 55. But the forging or counterfeiting the king's money coined thin the realm, after a stop has been put to the currency reof, is not a counterfeiting within the meaning of this use. 5 Bacon's Abr. 126. And it has been determined, that to counterfeit the impres n of half a guinea on a piece of gold, previously hammered, t round, and not passable in the condition it then was, not high treason, for the crime is incomplete. 2 Black. 2. The king's money.] It is laid down, that the words the But the above statute of 25 Ed. 3. being insufficient to re- 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 e proper coin of this realm, and is or shall be current within current here; is realm, by the consent of the crown, they and their coun llors, procurers, aiders, and abettors, 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 unterfeit any such coin of gold or silver as is not the coin not current. 'this realm, nor permitted to be current, they and their prorers, aiders, and abettors, shall be guilty of misprision of eason. By 5 Eliz. c. 11. clipping, washing, rounding, or filing, for Clipping. 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 corrup. tion of blood to the heirs, of the offender, or make the wi lose her dower; and peers of the realm are to be tried by their peers. c. 2, 4, 5. Impairing, di- And by 18 Eliz. c. 1, if any person shall for wicked laces minishing, falsi- sake, impair, diminish, falsify, scale, or lighten, the proper fying. monies of this realm, or any the domininions thereof; or the monies of any other realms allowed to be current, at the time of the offence committed, within England, or any the domi of the same, by the proclamation of the crown, it shall ba deemed treason, and the offenders, their counsellors, cl senters, and aiders being convicted, shall suffer death, and for feit all their goods and chattels absolutely; and all their land during their lives only; but no corruption of blood, or loss d dower; and peers are to be tried by peers. Persons, except minters, making or mending coining tools: And by 8 and 9 Wil. 3. c. 26. s. 1, 7, 8, made perpetual by 7 Ann. c. 25, if any person whatsoever (other than the p sons employed in the mint) shall knowingly make or m or begin or proceed to make or mend, or assist in the makag or mending, of any puncheon, counter puncheon, matrix, sta dye, pattern or mould of steel, iron, silver, or other or metals, or of spared or fine founder's earth, or sand, t any other materials whatsoever, in or upon which there be, or be made or impressed, or which will make or ingre the figure, stamp, resemblance, or similitude, of both, or elim of the sides, or flats of any gold or silver coin, current this kingdom. Or shall knowingly make or mend, or begin or proce make or mend, or asssist in the making or mending of edger, or edging tool, instrument or engine, not of comm use in any trade, but contrived for marking of money the edges with letters, grainings, or other marks or g resembling those on the edges of money coined in his maj mint: Or any press for coining: Or any cutting engine for cutting round blanks force of a screw, out of flatted bars of gold, silver, or metal: Or shall knowingly, buy, sell, or conceal, or lawful authority, or sufficient excuse for that purpose, ingly have in their houses, custody or possession, any puncheon, counter puncheon, matrix, stamp, dye, edger, ling instrument, or other tool or instrument before mest Such offenders, their counsellors, procurers, aiders, abettors, being convicted upon indictment or presenta either in his majesty's court of King's Bench, or b justices of oyer and terminer, or justices of assize or gaol very (commenced within six months. 7. Ann. c. 25. hall be adjudged guilty of high treason, but without corrupion of blood, or loss of dower. Pattern or mould]. Hugh Lennard was indicted for havng in his possession one mould of lead, on which was made nd impressed the figure, stamp, resemblance, and similitude, f one of the sides or flats, viz. the head side of a shilling; and 3 the last clause of this section of the act, in enumerating the Irious instruments, omits the words pattern or mould, it was bmitted to the opinion of the judges: FIRST, whether a ould is comprized under the general words, or other tool or strument before mentioned: and secondly, if it be so comized, whether it should not be described in the indictment, a tool or instrument, mentioned in the former part of the itute. They were unanimous: FIRST, that this mould was a ol or instrument, mentioned in the former part of the sta te, and therefore comprized under the general words.-And CONDLY, that as it is expressly mentioned by name in the it clause, with respect to the making or mending, it need be averred to be a tool or iastrument so mentioned. Leach's . Cas. 92. Which 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 emblance was made and impressed (which was the way it laid in the indictment), the statute seeming to distinguish ween such as will make or impress the similitude, as a madye, or mould, and such on which the same is made or ressed, as a puncheon or the like; a great majority of the ges thought the indictment good, because the stamp of the i was certainly impressed on the mould; but they thought ould have been more accurate, had it charged a mould that ld make and impress; and in this opinion, some who rwise doubted, acquiesced. Black. Rep. 822. Leach's Ca. 94. The similitude of both or either of the sides]. Therefore an rument that would make or impress the figure of only purt ne side of the coin is not within the statute. Cases, B. R. p. Hard. 371. r without lawful authority] In indictments for having a ing press, every thing which shews that the defendant had authority, must be negatively averred in an indictment on statute. Addington's Pen. Stat. 149. nowingly have in their houses] This is also an offence at common law, for which the offender may be indicted, fined, oried, and imprisoned, as was done in the case of the K. v. ton, where the defendant was convicted for having in his session two iron stamps, with intent to impress the scepon sixpences, and to colour and pass them off for half gui 3. 2 Strange, 1074. Vithout corruption of blood] Though corruption of blood Or conveying without autho rity tools out of the mint. Colouring base coin. is saved by this act, yet the offender shall forfeit his lands to the crown ;* for in the case of an attainder of felony, the for. feiture of the estate to the lord, is only by way of escheat, pro defectu tenentis, and the not descending is the consequent and effect of the corruption of blood, or incapacity; bul treason, the lands come to the crown, as an immediate forfei ture, and not as an escheat; and the forfeiture and corruptis of blood are distinct parts of the penalty, so that the fo ture may be saved, and yet the corruption remain, or the comp tion be saved and the forfeiture remaiu. Salkeld, 85. And by the same act, 8 & 9 Wil!. 3. c. 26. s. 2, if any pet. Son shall, without authority, knowingly convey or assist in th conveying out of his majesty's mint, any puncheon, co puncheon, matrix, dye, stamp, edger, cutting engine, press other tool, engine or instrument used for the coining monies there, or any useful part of such tools or instruments Or if any person (other than persons employed in his jesty's mint, or such as shall have authority from the treasury shall mark on the edges any current coin of this kingdon, or if any person shall mark on the edges any of the diminished coin of this kingdom, or any counterfeit coin with letter grainings, or other marks like unto those on the siges money coined in the mint. 8. 3. Or if any person, shall colour, gild, or case over with or silver, or with any wash or materials producing the of gold or silver, any coin resembling the current coin of kingdom, or any round blanks of base metal, or of coarse g or silver of a fit size and figure to be coined into counted milled money, resembling the gold or silver coin of this k dom; or if any person shall gild over any silver blanks of f size and figure to be coined into pieces resembling the cut gold coin of this kingdom; such persons, their counsell procurers, aiders and abettors shall be guilty of high treat and being convicted thereof as above, on a prosecution three months, suffer death. 8. 4, 9. Producing the colour]. Upon an indictment on this d against Lavey and Parker, at the Old Bailey sessions, 1776, they were found guilty but it appearing on evide that the colour of silver was produced by melting a small tion of good silver, with a large portion of base metal, throwing it, after it had been cut into round blanks, into fortis, which draws to the surface whatever silver there the composition, and makes it assume the colour and ap ance of real silver; a doubt arose whether this was a r *However it is provided by 7 Ann. e. 21. s. 10. and 17 Ge c. 39. s. 3, that after the decease of the Pretender, and also eldest, and all and every his son and sons, no attainder for t shall extend to the disinheriting of any heir, nor to the preju the right or title of any person, other than the right or işle ⚫ offender during his natural life, only ing with a wash and materials within the meauing of the sta tute, or whether the legislature did not intend such colouring only, as is produced by superficial application; and this ques ion being referred to the judges, they were unanimously of opinion, that this process of extracting the latent silver from he body of the silver to the surface of the base metal, by the ower of aqua fortis, was a colouring within the words aterials producing the colour of silver. Leach's Cas. Cr. .. 157. semble the gold coin, or By 15 & 16 Geo. 2. c. 28, if any person whatsoever shall or colouring ash, gild, or colour any of the lawful silver coin called a shil. shillings and ng or a sixpence, or any counterfeit or false shilling or six- sixpences to reence, or add to or alter the impression, or any part of the pression thereof, with intent to make such shilling or sixence resemble or pass for a guinea, or an half guinea; or all file, or any ways alter, wash, or colour any of the brass onies called halfpennies or farthings, or add to or alter the halfpence and pression, or any part of the impression thereof, with intent farthings the make a halfpenny resemble or pass for a lawful shilling, or silver, farthing for a sixpence, the persons offending in any of these atters, their counsellors, aiders, abettors and procurers, shall guilty of high treason, but without corruption of blood or ss of dower.-Prosecution to be within six months.-Also reward of 40/. is to be paid to prosecutors; and an offenr discovering two accomplices, is entitled to a pardon *. s. 1, 7, 8. Counterfeit or false shilling.] The counterfeit money ust be like the true money, for the word counterfeit implies semblance or likeness; and without it there is very little nger of imposition or fraud. 1 Hale's Hist. 184, 215. Bacon's Abr. 129. And if any puncheon, dye, stamp, edger, cutting engine, ess, flask, or other tool, instrument or engine, used or degned for coining or counterfeiting gold or silver monies, or in y part of such tool or engine, shall be hid or concealed in y place, or found in the house, custody or possession of any erson, not employed in the mints, nor having the same by ɔme lawful authority, it shall be lawful for any person what Dever, discovering the same, to seize, and they are required › seize the same, and to carry them forthwith to some justice, › be produced in evidence against any person who shall be rosecuted for any such offence; and after they have been roduced in evidence, they shall forthwith by order of the ourt, or by order and in the presence of such or some other ustice, in case there be no trial, be totally defaced and destroyd; and if any counterfeit or diminished money shall be pronced in any court of justice, either in evidence or otherwise, he judge shall cause such monies to be cut in pieces in open ⚫ For this see title FELONY, division (Rewards for apprehending felons and other offenders). |