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, which is to the full as terrible to sensation as the other, was to be drawn to the gallows, and there to be burned alive."

This was altered, however, by the statutes 30 Geo. III. c. 48, and 54 Geo. III. c. 146; under which the offender was directed to be drawn on a hurdle to the place of execution, and to be there hanged by the neck until he were dead; and that afterwards his head should be severed from his body, and his body divided into four quarters, to be disposed of as the Crown should think fit. And so the law stood till the recent act, 33 & 34 Vict. c. 23, provided that so much of the two acts of Geo. III. as required the drawing of the criminal on a hurdle to the place of execution, and after execution the severing of the head from the body, and the dividing of the body also, should be repealed. So that the punishment of high treason is now simply death by hanging.'

"The offence of forging or counterfeiting the great seal is now simply felony, and punishable by penal servitude for life, or for any term not less than five years, or imprisonment, to which hard labour and certain periods of solitary confinement may be added, for any term not exceeding two years.'

The consequences of this judgment, which were formerly attainder, forfeiture, and corruption of blood, must be referred to the latter end of this book, 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, although calling for severe punishment, the humanity of our present laws will not allow 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 George III. at the period of the French revolution, the ferment then created among the people by numerous publications advocating a change

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; 3 Inst. 211.

2 Hal. P. C. 399.

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."

66

'By the first-named statute, which has been already mentioned, it was made treason to compass the destruction, or bodily harm, deposition, or restraint of the king; while any one using any words or sentences 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; that is, fine, imprisonment, and the pillory and for a second offence, was subjected to a similar punishment, or transportation for seven years, at the discretion of the court.'

'This act has, however, been repealed, except so far as regards the death or destruction, personal injury or restraint of the sovereign, by the statute 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 provides that if any person shall compass, invent, or intend to deprive or depose her Majesty, 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 dominions, or to levy war within any part of the kingdom, in order by force or constraint to compel the queen to change her measures or counsels, or to put any constraint upon or intimidate or overawe both houses or either house of parliament, or to move or stir any foreigner or stranger with force to invade the kingdom, or any of the queen's dominions, and such compassings, inventions, or intentions, or any of them, shall express or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed,

he shall be guilty of felony, and liable, at the discretion of the court, to be transported beyond the seas for the term of his natural life, or for any term not less than seven years, for which penal servitude for similar terms or not less than five years is now substituted, or to be imprisoned for any term not exceeding two years, with or without hard labour, as the court shall direct. Principals in the second degree, and accessories before the fact, are punishable as principals in the first degree; for accessories after the fact, the punishment is imprisonment, with or without hard labour, for any term not exceeding two years. And offenders are not to be entitled to an acquittal, on the ground that the crime charged against them amounts to high treason.'

'The other statute which has been mentioned, 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. Thus by statute 37 Geo. III. c. 70," if any person shall maliciously and advisedly endeavour to seduce any person in the service of the crown by sea or land from his duty and allegiance, or to incite any person to commit any act of mutiny or mutinous practice, he shall be adjudged guilty of felony; and may now, instead of the punishment of death, which was originally attached to this offence, be sentenced to penal servitude for life, or not less than five years, or imprisonment, with or without hard labour and with or without solitary confinement, for not more than three years.' ▾

'By the statutes 37 Geo. III. c. 123, and 52 Geo. III. c. 104, it is further enacted, that whoever shall administer, or cause to be administered, or shall be present at and consenting to the administering of, or shall take any oath or engagement intended to bind any person in any mutinous or seditious purpose, or to belong to any seditious society or confederacy, or to obey any committee, or any person, not having legal authority for that purpose, or not to give evidence against any confederate or other person, or not to discover any unlawful combination, or any illegal act, or any illegal oath or engagement, shall be guilty of felony, now punishable by

c. 47.

20 & 21 Vict. c. 3; 28 & 29 Vict. "Continued by 54 Geo. III. c. 158, and 55 Geo. III. c. 171, and revived and

made perpetual by 57 Geo. III. c. 7.

▾ 7 Will. IV. & 1 Vict. c. 91, s. 1; 9 & 10 Vict. c. 24, s. 1; 20 & 21 Vict.

c. 3.

penal servitude for life, or not less than five years." And compulsion is no excuse, unless the party, within four days after he has an opportunity, discloses the whole of the case to a justice of the peace or, if a seaman or soldier, to his commanding officer.'

'Finally, by the statutes 39 Geo. III. c. 79, 52 Geo. III. c. 104, and 57 Geo. III. c. 19, societies taking unlawful oaths, or secretly constituted, are declared to be unlawful combinations and confederacies, punishments and penalties being imposed on the members thereof; and public meetings of more than fifty persons are 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, while the parliament or any of the courts at Westminster Hall shall be sitting.'

"The only other statute I need mention was 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 statute 5 & 6 Vict. c. 51, accordingly provides in very precise terms, that any person discharging or attempting to discharge any fire-arms, or any explosive substance, at or near the person of the queen, or striking or attempting to strike, or throwing or attempting to throw anything whatsoever at or upon the person of her Majesty, with intent to injure her person, or break the public peace, or whereby the public peace may be endangered, or to alarm her Majesty, shall be guilty of a high misdemeanor, punishable at the discretion of the court, with penal servitude for the term of seven or not less than five years, or imprisonment, with or without hard labour, for any period not exceeding three years, the offender being liable, during the period of such imprisonment, to be publicly or privately whipped, as often and in such manner and form as the court shall order and direct, not exceeding thrice.'

X

"The wise tendency of this legislation has been happily evinced by the complete cessation of the offence.'

20 & 21 Vict. c. 3; 1 Vict. c. 91;

27 & 28 Vict. c. 47.

VOL. IV.

* 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47.

G

CHAPTER VII.

OF OFFENCES AGAINST THE PREROGATIVE.

As we are next to consider such felonies as are more immediately injurious to the royal prerogative, it will not be amiss here to inquire briefly into the nature and meaning of felony: before we proceed upon any of the particular branches into which it is divided, the felonies spoken of at the close of the last chapter being merely the creatures of the statute law.'

Felony, then, in the general acceptation of our English law, comprises every species of crime, which formerly occasioned' at common law the forfeiture of lands or goods. This most frequently happened in those crimes, for which a capital punishment either is or was liable to be inflicted: for those felonies which were called clergyable, or to which the benefit of clergy extended, were anciently punished with death in all lay, or unlearned offenders. Treason itself, says Sir Edward Coke, was anciently comprised under the name of felony: and in confirmation of this we may observe, that the statute of treasons, 25 Edw. III. c. 2, speaking of some dubious crimes, directs a reference to parliament; that it may there be adjudged "whether they be treason, or other felony." 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 self-defence; and the small thefts formerly termed ' petit larceny or pilfering: all which are, strictly speaking, felonies, as they 'formerly subjected' 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 formerly occasioned,' 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.