as was the case of a certain chaplain, who in such manner framed a dispensation for non-residence.

The next species of treason mentioned in the statute, is "if a man "counterfeit the king's money; and if a man bring false money into "the realm counterfeit to the money of England, knowing the money "to be false, to merchandise and make payment withal." But this crime is now reduced to felony.

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6. The last species of treason ascertained by this statute, is "if a man slay the chancellor, treasurer, or the king's justices of the one "bench or the other, justices in eyre, or justices of assize, and all "other justices assigned to hear and determine, being in their places "doing their offices." The statute extends only to the actual killing of them, and not to wounding, or a bare attempt to kill them; and it extends also only to the officers therein specified; and therefore the barons of the exchequer, as such, are not within the protection of this act.

Thus careful was the legislature, in the reign of Edward III., to specify and reduce to a certainty the vague notions of treason that had formerly prevailed in our courts. But in the unfortunate reign of Richard II., it was extremely liberal in declaring new treasons; the most arbitrary and absurd of all which was the bare purpose and intent of killing or deposing the king, without any overt act to demonstrate it. And yet so little effect have over-violent laws to prevent any crime, that within two years afterwards this very prince was both deposed and murdered; and in the first year of his successor's reign, an act was passed, which at once swept away the whole load of extravagant treasons which had been recently introduced.

But afterwards, between the reigns of Henry IV. and Queen Mary, and particularly in the reign of Henry VIII., the spirit of inventing new and strange treasons was revived; among which we may reckon the offences of clipping money; breaking prison or rescue, when the prisoner is committed for treason; burning houses to extort money; stealing cattle by Welshmen; counterfeiting foreign coin; wilful poisoning; execrations against the king; calling him opprobrious names by public writing; counterfeiting the sign manual or signet ; refusing to abjure the pope; deflowering or marrying, without the royal licence, any of the king's children, sisters, aunts, nephews, or nieces; bare solicitation of the chastity of the queen or princess, or advances made by themselves; marrying with the king, by a woman not a virgin, without previously discovering to him such her unchaste life; judging or believing the king to have been lawfuliy married to Anne of Cleves; derogating from the king's royal style and title; and impugning his supremacy; and assembling riotously

to the number of twelve, and not dispersing upon proclamation; all which new-fangled treasons were totally abrogated by the statute 1 Edw. VI. c. 12, which once more reduced all treasons to the standard of the statute of Edw. III. Since which time the legislature has been more cautious in creating new offences of this kind. To the treasons already enumerated, must now, however, be added:

7. Endeavouring to deprive or hinder any person, being the next in succession to the crown, according to the Act of Settlement, from succeeding to the crown, and maliciously and directly attempting the same by any overt act.

8. Maliciously, advisedly, and directly, by writing or printing, maintaining and affirming 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.

9. In case the crown shall descend on any issue of her Majesty while under the age of eighteen, persons aiding or abetting the marriage of the king or queen without the consent of the regent and parliament, and the person married to such king or queen while under the age of eighteen, are by 3 & 4 Vict. c. 52, s. 4, guilty of high treason.

Under one or other of these nine heads the offences now constituting high treason may be ranged. The reader would, however, derive a very incorrect notion of the course of legislation on this important subject, if he were left to suppose that the statutes, to which reference has been made, comprised the whole of the law relating to this offence. But I cannot here enter upon any historical notice of the perturbations which have affected the government of this country, and led to frequent interference by parliament; and I must content myself therefore with a passing allusion to 1. the treasons which were created in the reign of Elizabeth, relating to papists; and 2. to those created for the security of the protestant succession in the house of Hanover.

The first of the offences which the legislature of Queen Elizabeth thought fit to declare to be treason, was the defending of the pope's alleged jurisdiction; and the next was the crime committed by any popish priest, born in the dominions of the Crown of England, who came over hither from beyond the seas, unless driven by stress of weather and departing in a reasonable time, and tarried here three days without conforming to the church. In the reign of James I. the parliament went a little further, and declared that if any natural

born subject withdrew from his allegiance, and became reconciled to the pope or see of Rome, or any other prince or state, both he and all such as procured such reconciliation should incur the guilt of high treason.

The other obsolete species of high treason was that created for the security of the Hanoverian succession, by the statute 13 & 14 Will. III. c. 3, whereby the pretended Prince of Wales, who was then thirteen years of age, and had assumed the title of King James III., was attainted of high treason; and it was made high treason for any of the king's subjects to hold correspondence with him. A similar penalty was afterwards, in the reign of George II., attached to any recognition of his son, the unfortunate Charles Edward Stuart.

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; 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.

The punishment of high treason in general was very solemn and terrible. It was 1. That the offender be drawn to the gallows, and not be carried or walk; though usually, by connivance, at length ripened by humanity into law, a sledge or hurdle was allowed. 2. That he be hanged by the neck, and then cut down alive. 3. That his entrails be taken out, and burned, while he is yet alive. 4. That his head be cut off. 5. That his body be divided into four parts. 6. That his head and quarters be at the king's disposal. But in treasons of every kind the punishment of women was the same, and different from that of men. For, as the decency due to the sex forbade the exposing and publicly mangling their bodies, their sentence was to be drawn to the gallows, and there to be burned alive.*

All this has been altered, however, and the judgment in all cases of high treason now is, that the offender be drawn on a hurdle to the place of execution, and be there hanged by the neck until he be dead, and that afterwards his head be severed from his body, and his body, divided into four quarters, be disposed of as the crown shall think fit.

The consequences of this judgment, attainder, forfeiture, and corruption of blood, must be referred to the latter end of this book,

* As an instance of how the Bible may be quoted in support of almost any practice, good, bad, or indifferent, it may be observed that Sir Edward Coke tells us, that this punishment for treason is warranted by divers examples in Scripture; for Joab was drawn, Bithan was hanged, Judas was embowelled, and so on of the rest.

when we shall treat of them altogether, as well in treason as in other offences.

Before closing this chapter, however, it is necessary to refer to a class of offences, which in former times ranked as high treason; but which the humanity of our present laws will not allow of to incur the fatal consequences attached to crimes of that serious nature. These may be classed under the head of 1. Sedition; and 2. Attempts to injure or alarm the sovereign.

The insults publicly offered to the person of king George III., at the period of the French revolution, the ferment then created among the people by numerous publications advocating a change in the institutions of this country, and the frequent assemblies held under the pretext of deliberating on public grievances, and agreeing on petitions, remonstrances, or other addresses to the king or the houses of parliament, led to the passing of two acts of parliament, the one, 36 Geo. III., c. 7, intituled "An Act for the safety and preservation of his Majesty's Person and Government against treasonable and "seditious practices and attempts ;" and the other, 36 Geo. III., c. 8, "An Act for the more effectually preventing seditious meetings and "assemblies."

By the first-named statute, it was made treason to compass the destruction, or bodily harm, deposition, or restraint of the king; while any one using any words to excite the people to hatred and contempt of his Majesty, or of the government and constitution of this realm, thereby incurred the punishment of a high misdemeanor. This act has, however, been partially repealed by 11 & 12 Vict. c. 12; which was passed to meet the mischievous but absurd attempts made shortly before its enactment, to effect a repeal of the legislative union between Great Britain and Ireland. It was felt that to dignify these proceedings with the name of high treason, was only to encourage their continuance or repetition, by endowing the foolish and misguided persons who engaged in them with the name of patriots or martyrs; and the statute accordingly reduces their offences to the category of felony, and makes them punishable as such.

The other statute, 36 Geo. III. c. 8, was only of a temporary character; but at the same period, and for the same reasons, other provisions still in force were made to repress mutinous and seditious practices, and the administration of unlawful oaths. Secret societies were condemned, and public meetings of more than fifty persons prohibited from assembling in any open place within a mile of Westminster Hall, for the purpose of petition, remonstrance, or address to the crown or either house of parliament.

The only other statute relating to offences on the verge of high

treason is one of the present reign, 5 & 6 Vict. c. 51, passed to prevent a repetition of those annoyances to which the queen was exposed soon after her accession to the throne, by idle and ill-disposed youths discharging fire-arms in her presence if not at her person. As this was done apparently from a morbid love of notoriety, it was considered that a disgraceful punishment would be most appropriate; and the wisdom of this legislation has been happily evinced by the complete cessation of the offence.

CHAPTER VII.

OF OFFENCES AGAINST THE PREROGATIVE.

Definition of felony-Offences relating to the coin-Serving in foreign statesEmbezzling stores of war-Desertion.

II. As we are next to consider such felonies as more especially affect the supreme executive power, it will not be amiss here to explain briefly the nature and meaning of felony.

Felony, then, in the general acceptation of our English law, comprises every species of crime, which occasions at common law the forfeiture of lands or goods. This most frequently happens in those crimes for which a capital punishment either is or was liable to be inflicted. Indeed, treason itself was anciently comprised under the name of felony; and all treasons, therefore, strictly speaking, are felonies; though all felonies are not treason. And to this also we may add, that not only all offences formerly capital, are in some degree or other felony; but that this is likewise the case with some other offences which never were punished with death; as suicide, where the party is already dead; homicide by chance-medley, or in selfdefence; and the small thefts formerly termed petit larceny or pilfering: all which are, strictly speaking, felonies, as they subject the committers of them to forfeitures. So that upon the whole the only adequate definition of felony seems to be that which is before laid down; viz., an offence which occasions a total forfeiture of either lands or goods, or both, at the common law; and to which capital or other punishment may be superadded, according to the degree of guilt.

The idea of felony was, indeed, until recently, so generally connected with that of capital punishment, that it was hard to separate them; and to this usage the intepretations of the law conformed. And therefore, if a statute made any new offence felony, the law