4. To adhere to the king's enemies within the realm, or give them aid in the realm, or elsewhere, is treason. This must likewise be proved by overt act, as by furnishing money, arms, ammunition, or provision, or sending intelligence to the king's enemies. 5. To counterfeit the great seal, privy seal, privy signet, or royal sign manual, is treason.

6. The last species of treason, ascertained by the 25 E. 3, is, if a man slay the chancellor, treasurer, or the king's justices of the one bench or the other, or justices of assize, and all other justices, assigned to hear and determine, being in their places, such person is guilty of treason. This clause extends only to the actual killing, and only to the officers therein specified; so that the barons of the Exchequer, as such, are not included.

By 1 Anne, c. 17, to endeavour to deprive or hinder any person, being the next in succession to the crown, according to the limitation of the act of parliament, from succeeding to the crown, and attempt the same by any overt act, such offence is high treason. So, also, by 6 Anne, c. 7, if any person, by writing or printing, maintain and affirm that any other person has any right or title to the crown, otherwise than according to the act of settlement; or that the sovereign of this realm, with the authority of parliament, is not able to make laws and statutes to bind the crown and the succession, it is treason.

By 3 & 4 V. c. 52, being married to, or concerned in procuring the marriage of, any issue of her present Majesty, whilst such issue are under eighteen (in case the crown shall have descended to any such before that age), without the consent, in writing, of the regent, and the assent of both houses of parliament, is a capital treason. It is also a treasonable offence the knowing any person to have committed any of the preceding treasons, and receiving, relieving, comforting, or assisting him, or aiding his escape from custody.

An act of 1870, the 33 & 34 V. c. 23, abolishes forfeitures in treason and felony, but conviction of such is rendered a disqualification for certain offices under the crown, or ecclesiastical benefice. Persons aggrieved by a felony may, after conviction of the offender, be awarded any sum not exceeding £100, as a compensation for loss of property.

II. TRIAL AND PUNISHMENT OF TRAITORS.

Considering that, in prosecutions for high treason, the accused has the whole power and influence of the crown to contend against, with, perhaps, public feeling strongly excited against him, the law has humanely provided various helps and indulgences, which do not extend to other crimes and misdemeanors.

Thus, in case of high treason, or misprision of such treason, it is enacted, under 7 W. 3, c. 3, that no person shall be tried for such treason, except an attempt to assassinate the king, unless the in

dictment be found within three years after the offence has been committed.

By 7 Anne, c. 21, any person indicted for high treason, or misprision thereof, shall have not only a copy of the indictment, but a list of all the witnesses to be produced, and of the jurors empannelled, with their professions, and places of abode, delivered to him ten days before the trial, and in presence of two witnesses, the better to prepare him to make his challenges and defence. The practice is, to deliver a copy of the indictment, and the list of witnesses and jurors, ten clear days, exclusive of the day of delivery and the day of trial, and the intervening Sunday, previous to the trial.

All persons, too, accused of high treason are entitled to have two counsel allowed them by the court, and the same privilege is granted on impeachment by the House of Commons.

But these statutory indulgences have been withdrawn by a subsequent statute in cases of traitorous attempts directed against the life of the sovereign, and by the 39 & 40 G. 3, c. 93, it is provided that, in all cases of high treason, in which the overt act alleged in the indictment is any direct attempt on the life or person of the king, the accused, in that case, shall be indicted, arraigned, tried, and attainted, as if he were charged with murder; but, upon conviction, judgment is to be given, and execution done, as in other cases of high treason.

The punishment for high treason, besides attainder, forfeiture, and corruption of blood, was formerly a barbarous exhibition. That in high treason, not relating to the coin, was, "that the offender be drawn to the place of execution, and be there hanged by the neck, and cut down alive, that his entrails be taken out and burned before his face, that his head be cut off, that his body be cut into four quarters, and that his head and quarters be at the king's disposal." In lieu of this punishment, by 54 G. 3, c. 146, the sentence to be awarded is drawing on a hurdle, hanging by the neck till dead, beheading, and quartering. But, by 33 & 34 V. c. 23, s. 31, the punishment is now simply death.

Before the 30 G. 3, c. 48, from the remotest times, women, for every species of treason, were sentenced to be burnt alive; but now they are to be drawn to the place of execution and hanged.

By 1 V. c. 84, ss. 2, 3, forging the great seal, or the royal sign manual, the seals appointed to be used in Scotland, and the great and privy seals of Ireland, are not treasons punishable with death, but transportation for life, or not less than seven years, or imprisonment not exceeding four nor less than two years.

III. PROTECTION OF HER MAJESTY'S PERSON.

Attempts on the life of the queen, or to alarm her Majesty,

M M

often apparently from mere desire of notoriety, gave rise, in 1842, to the 5 & 6 V. c. 51, for the royal protection.

The act, without altering the statute relative to high treason, provides, that if any person shall wilfully discharge or attempt to discharge, or point, aim, or present at or near to the person of the queen, any gun, pistol, or any other description of fire-arms, or other arms whatsoever, whether the same shall or shall not contain any explosive or destructive material, or shall discharge or cause to be discharged, or attempt to discharge or cause to be discharged, any explosive substance or material near to the person of the queen; or if any person shall wilfully strike or strike at, or attempt to strike or to strike at, the person of the queen, with any offensive weapon, or in any other manner whatsoever; or if any person shall wilfully throw or attempt to throw any substance, matter, or thing whatsoever at or upon the person of the queen, with intent in any of the cases aforesaid to injure the person of the queen, or with intent in any of the cases aforesaid to break the public peace, or whereby the public peace may be endangered, or with intent in any of the cases aforesaid to alarm her Majesty; or if any person shall, near to the person of the queen, wilfully produce, or have any gun, pistol, or any other description of fire-arms, or other arms whatsoever, or any explosive, destructive, or dangerous matter or thing whatsoever, with intent to use the same to injure the person of the queen, or to alarm her Majesty,-every such person so offending shall be guilty of a high misdemeanor, and being convicted, shall be liable, at the discretion of the court before which the offender has been tried, to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, for any period not exceeding three years, and during the period of such imprisonment to be publicly or privately whipped, as often and in such manner and form as the court shall direct, not exceeding thrice.

IV. CROWN AND GOVERNMENT SECURITY ACT.

Doubts having arisen in 1848, on the part of the government, whether the unrepealed enactments of the 36 G. 3, c. 7, and their continuation by 57 G. 3, c. 6, extended to Ireland, they were removed by the direct extension of them to that kingdom under the 11 V. c. 12. By the 11 V. certain treasons already mentioned, which had been heretofore capital and punishable by death, were mitigated to felonies, and subjected to transportation or imprisonment. Accordingly, by the third section, it is provided that

"If any person whatsoever after the passing of this act shall, within the United Kingdom or without, compass, imagine, invent, devise or intend to deprive or depose our most gracious lady the queen, her heirs or successors, from the style, honour, or royal name of the Imperial Crown of the United Kingdom, or of any other of

her Majesty's dominions and countries, or to levy war against her Majesty, her heirs, or successors, within any part of the United Kingdom, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put force against, or constraint upon, or in order to intimidate or overawe both houses, or either house, of parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of her Majesty's dominions and countries under the obeisance of her Majesty, her heirs and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any covert act or deed, every person so offending shall be guilty of FELONY, and, being convicted thereof, shall be liable at the discretion of the court to be transported beyond the seas for the term of his or her natural life, or for any term not less than seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour, as the court shall direct."

The insertion of the words "open and advised speaking" have been complained of as establishing a novelty in treasonable offences; but, as Mr. Wise has remarked (Law on Riots, 100), on Mr. Justice Foster's opinion, and other legal authorities, words already constituted an overt act of treason if tending to forward or extend traitorous designs. Against a too stringent enforcement of the clause on 66 open and advised speaking," the fourth clause enacts that the information for such offence must be on oath to one or more magistrates, or the sheriff or deputy in Scotland, within six days after utterance; and the warrant be issued within ten days after the information, and within two years after the passing of the act. Conviction not to ensue unless on the confession of the accused in open court, or unless the alleged words spoken be proved by two credible witnesses.

Doubts having arisen in 1849, on the conviction of Smith O'Brien and others, as to the power of the crown to mitigate the punishment of offenders under judgment of death for treason in Ireland, they were removed by the 12 & 13 V. c. 27, empowering the crown to order the transportation of any offender under judgment of death to whom mercy had been extended.

CHAPTER IV.

Coin and Public Offices.

I. OFFENCES AGAINST THE COIN.

IN 1861, the laws of the United Kingdom relative to coinage offences were consolidated and amended by 24 & 25 V. c. 99, and

for the purposes of this act "the queen's current gold or silver coin" interpreted to include any coin lawfully current in any part of the realm; and the "queen's copper coin" to include any copper or bronze coin, or mixed metal, lawfully current; "false or counterfeit coin to include any of the current coin which has been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble any coin of a higher denomination. Having any matter in possession explained, where any one not only by himself in possession, but also the knowingly and wilfully having it in the actual possession of any other person, in any house or building, lodging, or other place, open or inclosed, whether belong. ing to or occupied by himself or not, and whether such matter be so had for his own benefit or for that of any other person, s. 1.

By s. 2, to counterfeit the gold or silver coin is felony, punishable, at the discretion of the court, by penal servitude for life or not less than three years, or imprisonment for not exceeding two years, with or without hard labour, or solitary confinement. Subject to the same punishment is the colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin; or colouring or altering genuine coin with intent to make it pass for higher coin, ss. 2, 3.

By s. 3, to impair, diminish, or lighten the gold or silver coin, with intent that such coin may pass current, is felony, punishable by penal servitude for not exceeding fourteen and not less than three years, or imprisonment for not exceeding two years, with or without hard labour or solitary confinement.

The unlawful possession of filings, or clippings, of gold or silver coin, punishable by penal servitude for not exceeding seven nor less than three years, or imprisoment for any term not exceeding two years, with or without hard labour or solitary confinement, s. 5.

Without lawful excuse to buy, sell, receive, pay, or put off, or offer to do so, any counterfeit coin at or for a lower value than the same imports, or was apparently intended to import, is felony, punishable by penal servitude for life or not less than three years, or imprisonment for not exceeding two years, with or without hard labour or solitary confinement. Same punishment for importing counterfeit coin from beyond seas, ss. 6, 9. Exporting counterfeit coin is a misdemeanor, punishable by imprisonment for not exceeding two years, with or without hard labour, and with or without solitary confinement, ss. 6-8.

By s. 9, to tender, utter, or put off any counterfeit coin, knowing the same to be counterfeit, is a misdemeanor, punishable by imprisonment for a year, with or without hard labour or solitary confinement. Uttering, accompanied by possession of other counterfeit coin, or followed by a second uttering within ten days, punisbable by imprisonment for not above two years, with or without hard Jabour or solitary confinement, ss. 9, 10.

Having three or more pieces of counterfeit gold or silver coin in