[87] upon proclamation; all which new-fangled treasons were totally abrogated by the statute 1 Mar., c. 1, which once more reduced all treasons to the standard of the statute 25 Edw. III. Since which time, though the legislature has been more cautious in creating new offenses of this kind, yet the number is very considerably increased, as we shall find upon a short review.1

Treasons newly crea ted since 1

Mary c. 1.

1. Relating to papists.

These new treasons, created since the statute 1 Mar., c. 1, and not comprehended under the description of statute 25 Edw. III., I shall comprise under three heads. 1. Such as relate to papists. 2. Such as relate to falsifying the coin or other royal signatures. 3. Such as are created for the security of the Protestant succession in the house of Hanover.

1. The first species, relating to papists, was considered in a preceding chapter, among the penalties incurred by that branch of non-conformists to the national church; wherein we have only to remember, that by statute 5 Eliz., c. 1, to defend the pope's jurisdiction in this realm is, for the first time, a heavy misdemeanor; and, if the offense be repeated, it is high trea

16

Also, by statute 27 Eliz., c. 2, if any popish priest, born in the dominions of the crown of England, shall come over hither from beyond the seas, unless driven by stress of weather, and departing in a reasonable time, or shall tarry here three days without conforming to the Church, and taking the oaths, he is guilty of high treason. And by statute 3 Jac. I., c. 4, if any natural-born subject be withdrawn from his allegiance, and reconciled to the pope or See of Rome, or any other prince or state, both he and all such as procure such reconciliation shall incur the guilt of high treason. These were mentioned under the division before referred to, as spiritual offenses, and I now repeat them as temporal ones also; the reason of distinguishing these overt acts of popery from all others, by setting the mark of high treason upon them, being certainly on a civil, and not on a religious, account. For every popish priest, of course, renounces his allegiance to his temporal sovereign upon taking orders, that being inconsistent with his new engagements of canonical obedience to the pope; and the same may be said of an obstinate defense of his au[88] thority here, or a formal reconciliation to the See of Rome, which the statute construes to be a withdrawing from one's natural allegiance; and, therefore, besides being reconciled "to the pope," it also adds, "or any other prince or state.'

Sir T. Raym., 377.

(15) The 1 Mar., c. 1, was only a confirmation so far of a much more important statute, viz., 1 Edw. VI., c. 12.[CHRISTIAN.] See the statute 36 Geo. III., c. 7 (rendered perpetual by 57 Geo. III., c. 6), confirming the statute of 25 Edw. III.—[CHITTY.]

9717

* Latch., 1.

(16) See ante, p. 55-58, and the notes, p. 58.

(17) In consequence of insults and outrages, which had been publicly offered to the person of the king, and of the great multitude of seditious publi

to coin and

2. With regard to treasons relative to the coin or other royal 2. Relating signatures, we may recollect that the only two offenses respect- royal signaing the coinage, which are made treason by the statute 25 Edw. tures. III., are the actual counterfeiting the gold and silver coin of this kingdom; or the importing such counterfeit money with intent to utter it, knowing it to be false. But these not being found sufficient to restrain the evil practices of coiners and false moneyers, other statutes have been since made for that purpose. The crime itself is made a species of high treason; as being a breach of allegiance, by infringing the king's prerogative, and assuming one of the attributes of the sovereign, to whom alone it belongs to set the value and denomination of coin made at home, or to fix the currency of foreign money; and, besides, as all money which bears the stamp of the kingdom is sent into the world upon the public faith, as containing metal of a particular weight and standard, whoever falsifies this is an offender against the state, by contributing to render that public faith suspected. And upon the same reasons, by a law of the Emperor Constantine,y false coiners were declared guilty of high treason, and were condemned to be burned alive; as, by the laws of Athens, all counterfeiters, debasers, and diminishers of the current coin were subjected to capital punishment. However, it must be owned that this method of reasoning is a little overstrained, counterfeiting or debasing the coin being usually practiced rather for the sake of private and unlawful lucre than out of any disaffection to the sovereign. And, therefore, both this and its kindred species of treason, y C. 9, 24; 2 Cod. Theod. de falsa moneta, 1. 9. cations aiming at the overthrow of the government of this country, and also of the frequent seditious meetings and assemblies held at that time to destroy the security and tranquillity of the public, two acts of Parliament were passed in the 36th year of his present majesty's (George III.'s) reign, one (c. 7) entitled "An act for the safety and preservation of his majesty's person and government against treasonable and seditious practices and attempts;" and the other (c. 8), "An act for the more ef fectually preventing seditious meetings and assemblies."

By the first it was enacted, that if any person should compass, imagine, or intend death, destruction, or any bodily harm to the person of the king, or to depose him, or to levy war in order by force to compel him to change his measures or counsels, or to overawe either house of Parliament, or to excite an invasion of any of his majesty's dominions, and shall express and declare such intentions by printing, writing, or any overt act, he shall suffer death as a traitor. VOL. IV.-F

Pott., Ant., 1. 1, c. 26.

And if any one, by writing, printing, preaching, or other speaking, shall use any words or sentences to excite the people to hatred and contempt of the king, or of the government and constitution of this realm, he shall incur the punishment of a high misdemeanor; that is, fine, imprisonment, and pillory; and for a second offense he is subject to a similar punishment, or transportation for seven years, at the discretion of the court.

But a prosecution for a misdemeanor under this act must be brought within six months. And this statute shall not affect any prosecution for the same crimes by the common law, unless a prosecution be previously commenced under the statute.-[CHRISTIAN.]

The contagion of French revolutionary principles in 1795 gave occasion for the passing of these acts. The last of them was passed for three years only; and of the former, s. 1, 5, 6 are made perpetual by 57 Geo. III., c. 6; the rest is expired.-[CHITTY.]

81

that of counterfeiting the seals of the crown or other royal signatures, seem better denominated by the latter civilians a branch of the crimen falsi, or forgery (in which they are followed by [89] Glanvil,a Bracton,b and Fleta), than by Constantine and our Edward the Third, a species of the crimen læsæ majestatis, or high treason. For this confounds the distinction and proportion of offenses, and, by affixing the same ideas of guilt upon the man who coins a leaden groat and him who assassinates his sovereign, takes off from that horror which ought to attend the very mention of the crime of high treason, and makes it more familiar to the subject. Before the statute 25 Edw. III., the offense of counterfeiting the coin was held to be only a species. of petit treason;d but subsequent acts, in their new extensions of the offense, have followed the example of that statute, and have made it equally high treason with an endeavor to subvert the government, though not quite equal in its punishment."

In consequence of the principle thus adopted, the statute 1 Mar., c. 1, having at one stroke repealed all intermediate treasons created since the 25 Edw. III., it was thought expedient by statute 1 Mar., st. 2, c. 6, to revive two species thereof, viz.: 1. That if any person falsely forge or counterfeit any such kind of coin of gold or silver as is not the proper coin of this realm, but shall be current within this realm by consent of the crown; or, 2. Shall falsely forge or counterfeit the sign-manual, privy signet, or privy seal, such offenses shall be deemed high treason. And by statute 1 & 2 P. & M., c. 11, if any persons do bring into this realm such false or counterfeit foreign money, being current here, knowing the same to be false, with intent to utter the same in payment, they shall be deemed offenders in high treason. The money referred to in these statutes must be such as is absolutely current here, in all payments, by the king's proclamation; of which there is none at present, Portugal money being only taken by consent, as approaching the nearest to our standard, and falling in well enough with our divisions of money into pounds and shillings; therefore, to counterfeit it is not high treason, but another inferior offense. Clipping or defacing the genuine coin was not hitherto included in these statutes; though an offense equally pernicious to trade, and an [90] equal insult upon the prerogative, as well as personal affront to the sovereign, whose very image ought to be had in reverence by all loyal subjects. And, therefore, among the Romans, defacing, or even melting down, the emperor's statues was made treason by the Julian law, together with other offenses of the like sort, according to that vague conclusion, "aliudve quid

simile si admiserint." And now, in England, by statute 5 Eliz., c. 11, clipping, washing, rounding, or filing, for wicked gain's sake, any of the money of this realm, or other money suffered to be current here, shall be adjudged high treason; and by statute 18 Eliz., c. 1 (because "the same law, being penal, ought to be taken and expounded strictly according to the words thereof, and the like offenses, not by any equity to receive the like punishment or pains"), the same species of offense is, therefore, described in other more general words, viz., impairing, diminishing, falsifying, scaling, and lightening, and made liable to the same penalties. By statute 8 & 9 Will. III., c. 26, made perpetual by 7 Ann., c. 25, whoever, without proper authority, shall knowingly make or mend, or assist in so doing, or shall buy, sell, conceal, hide, or knowingly have in his possession, any implements of coinage specified in the act, or other tools or instruments proper only for the coinage of money; or shall convey the same out of the king's mint, he, together with his counselors, procurers, aiders, and abettors, shall be guilty of high treason, which is by much the severest branch of the coinage law. The statute goes on further, and enacts that to mark any coin on the edges with letters, or otherwise, in imitation of those used in the mint; or to color, gild, or case over any coin resembling the current coin, or even round blanks of base metal, shall be construed high treason. But all prosecu

tions on this act are to be commenced within three months after the commission of the offense, except those for making or amending any coining tool or instrument, or for marking money round the edges, which are directed to be commenced within six months after the offense committed. And, lastly, by statute 15 & 16 Geo. II., c. 28, if any person colors or alters any shilling or sixpence, either lawful or counterfeit, to make them respectively resemble a guinea or half guinea; or any half-penny [91] or farthing, to make them respectively resemble a shilling or sixpence, this is also high treason; but the offender shall be pardoned in case (being out of prison) he discovers and convicts two other offenders of the same kind.1o

Protestant

in the house

3. The other new species of high treason is such as is creat- 3. For seed for the security of the Protestant succession, over and above curing the such treasons against the king and government as were com- succession prised under the statute 25 Edw. III. For this purpose, after of Hanover. the Act of Settlement was made for transferring the crown to the illustrious house of Hanover, it was enacted by statute 13 & 14 W. III., c. 3, that the pretended Prince of Wales, who was then thirteen years of age, and had assumed the title of King James III., should be attainted of high treason; and it was made high treason for any of the king's subjects, by letters,

f Stat. 7 Ann., c. 25.

(19) These statutes are now all repealed by the 2 Will. IV., c. 34. See post, p. 100, n.

messages, or otherwise, to hold correspondence with him, or any person employed by him, or to remit any money for his use, knowing the same to be for his service. And by statute 17 Geo. II., c. 39, it is enacted, that if any of the sons of the pretender shall land, or attempt to land in this kingdom, or be found in Great Britain or Ireland, or any of the dominions belonging to the same, he shall be judged attainted of high treason, and suffer the pains thereof. And to correspond with them, or to remit money for their use, is made high treason, in the same manner as it was to correspond with the father. By the statute 1 Ann., st. 2, c. 17, if any person shall endeavor to deprive or hinder any person, being the next in succession to the crown according to the limitations of the Act of Settlement, from succeeding to the crown, and shall maliciously and directly attempt the same by any overt act, such offense shall be high treason. And by statute 6 Ann., c. 7, if any person shall maliciously, advisedly, and directly, by writing or printing, maintain and affirm that any other person hath any right or title to the crown of this realm otherwise than according to the Act of Settlement; or that the kings of this realm, with the authority of Parliament, are not able to make laws and statutes to bind the crown and the descent thereof, such person shall be [92] guilty of high treason. This offense (or, indeed, maintaining this doctrine in any wise, that the king and Parliament can not limit the crown) was once before made high treason by statute 13 Eliz., c. 1, during the life of that princess. And after her decease it continued a high misdemeanor, punishable with forfeiture of goods and chattels, even in the most flourishing era of indefeasible hereditary right and jure divino succession. But it was again raised into high treason, by the statute of Anne before mentioned, at the time of a projected invasion in favor of the then pretender; and upon this statute one Matthews, a printer, was convicted and executed, in 1719, for printing a treasonable pamphlet, entitled " Vox Populi vox Dei."g"

Thus much for the crime of treason, or læsæ majestatis, in all its branches, which consists, we may observe, originally, in grossly counteracting that allegiance which is due from the subject by either birth or residence; though, in some instances, the zeal of our legislators to stop the progress of some highly pernicious practices has occasioned them a little to depart from this its primitive idea. But of this enough has been hinted already; it is now time to pass on from defining the crime to describing its punishment.

State Tr., ix., 680.

(20) By the 3 & 4 Vict., c. 52, s. 4, every person who shall be acting, aiding, abetting, or concerned in obtaining, procuring, or bringing about any marriage to the king or queen of this

realm, for whom a regent is appointed by that act, under the age of eighteen years, and the person who shall be so married to the king or queen, is declared guilty of high treason.