Counterfeiting the Seals. This crime includes the great and privy feals, and privy fignet, and is, by ftatute 7 Ann. c. 21. extended to the feals ufed in Scotland. On the demife of the king, though the office of the great feal expires, yet the fame great feal continues to be the great feal of England, till another is made and delivered. Formerly public proclamation was made in cafe of a change of the feal, though now a memorandum only is entered on the clofe rolls. But even after the making and delivery of a new feal, and the breaking of the old one, the counterfeiting of the latter, and applying it to an inftrument of the date wherein it was in ufe, or to an inftrument without date, is high treafon. Although this is evidently a fpecies of the crimen falf, or forgery, and might naturally have been fuppofed to be governed by the fame rules, yet the difference is confiderable; for though the sculpture of the inftrument, which is in truth the great feal, be exactly counterfeited, yet if it be not used or applied to feal any thing, though intended for that purpose, the offence is not complete: but it seems there must be an impreffion made in wax, in teftimony of sqme writing; othewife it is no more than a mere intent or compaffing to counterfeit the feal, and is only punishable as a high misdemeanor. Again, it is faid that the affixing of the true great feal by the chancellor, or any cafual poffeffor of it, with out warrant, or the affixing it to a wrong inftrument knowingly, though a great mifprifion, is no treafon within the act of Edward III. (nor, by confequence, within that of Mary); because this is not a counterfeiting of the feal. For the fame reason, the rafing of one manor out of a patent and inferting another, or any artificial removing of the true writing and adding new matter; or even, it is faid, the taking off the wax impreffed with the great feal from the true patent, and affixing it to a writing importing to be grant from the king, are none of them high treafon, but only great mifprifions. Splitting the feal and closing it again to a falfe patent is a counterfeiting, because this is an alteration of the feal itfelf. And where the feal is fubftantially counterfeited, the adding or omitting of a crown, the leaving out words in the ftyle, or adding others, or making any other minute variation in the counterfeit, which is often done purpofely, and by way of eluding the law, will not alter the cafe. The difparity, however, may be fo great between the true and falfe feal, that it would not amount to a counterfeiting within the ftatute, as, if it be evident to the view of every man's eye. Neither would it, if a man were to counterfeit the feal of one prince to a patent supposed to be granted in the time of another; or to the fuppofed patent of the fame prince, after a new feal had been made made and delivered; if the difference appear very legible and confpicuous; for at the time whereunto it relates there was no fuch great feal in being. All aiders and confenters to the counterfeiting of the great or privy feal are within the act of Edward III.; and that of Mary extends to fuch in terms; but receivers or aiders after the fact are not within the words of either. HIGH TREASON AGAINST THE KING'S OFFICERS. By the 25 Edw. III. "If a man flay the chancellor, treasurer, or the king's juftices of one bench or the other, juftices in eyre, or "juftices of affize, and all other juftices affigned to hear and de" termine, being in their places, doing their offices,” it is declared high treafon. By the 7 Ann. c. 21., to lay any of the lords of feffions, or jufticiary of Scotland, in the exercise of their office, is high treafon. The protection of the act is only during the times that these perfons are in the actual execution of their respective offices; that is, fitting judicially in their places in the king's courts, where they ufually, or by adjournment, fit in the administration of justice; for there they reprefent the king's perfon. Lord Hale extends it to the lord chancellor's houfe, when the feal is open there, and to the hearing of caufes in his chamber, where, he fays, ufe has fufficiently obtained to give it the ftyle of fefant fan office. The ftatute of Edward III. is alfo confined to the cafe of killing fuch officers, and extends not to a wounding or attempt to kill, unless death afterwards enfue from it. Yet the mere ftriking or affaulting them in the execution of their office is a great mifprifion, for which, in fome cafes of aggravation, the offender may lole his hand; but if many confpire to kill any fuch officer, and one actually accomplishes it, it feems treafon in all. HIGH TREASON IN RESPECT OF COIN. This fubject is fully treated on in this volume, page 182. There are other offences againft allegiance, of which fome do and fome do not amount to high treason, and of the greater part of which fufficient mention has already been made. These are included in the obfolete regulations with respect to papifts, high treafon, and other offences against the proteftant fucceffion, many ftatutes relating to which have expired in confequence of the extinction of the pretender's family. Seducing, or attempting to feduce, others from their Allegiance and Obedience to the Crown. In all cafes falling within the legal notion of compaffing the king's death, any attempt of this fort, though no act be done in confequence, will amount to high treafon, and come within the ftatute 25 Ed. III.; but there are some other ftatutes relative to this matter, well worthy of particular notice. notice. By the 23 Eliz. c. I. "If any one shall have, or pre"tend to have, power, or shall by any means put in practice to "abfolve, perfuade, or withdraw a fubject from his natural "obedience to the crown, or to withdraw him, for that intent, "from the religion established by the queen's authority within "her dominions, to the Romish religion, or to move him to "promise any obedience to any pretended authority of the fee "of Rome, or of any other prince, ftate, or potentate, to be "had or used within the queen's dominions, or fhall do any "overt act to that intent or purpofe; or, if any perfon fhall "by any means be willingly abfolved or withdrawn as afore"faid, every fuch perfon, his procurers, and counsellors, being "lawfully convicted, fhall fuffer and forfeit as in cafes of high "treafon." It feems the bare pretending to fuch a power, without any further endeavour to perfuade perfons from their allegiance, or the bare endeavour fo to perfuade, without pretending to fuch power, is within the act. By f. 3. of the fame act, aiding or maintaining of fuch offenders, knowing the fame, or concealing any fuch offence for twenty days after knowledge thereof, without difclofing the fame to fome juftice of peace or other high officer, is made mifprifion of treafon. In later times, the fame fpecies of offence has taken another, and not a lefs perilous fhape; and it has been found neceffary to pafs an act for the better prevention and punishment of attempts to feduce individuals in the army and navy from their duty and allegiance; for which purpofe the ftat. 37 Geo. III. c. 70. has enacted, "That any perfon who fhall maliciously and advifedly "endeavour to feduce any perfon ferving in the king's forces, "by fea or land, from his duty and allegiance to his majefty, "or to incite or ftir up any fuch perfon to commit any act of "mutiny, or to make or endeavour to make any mutinous "affembly, or to commit any traitorous or mutinous practice "whatsoever, fhall, on conviction of fuch offence, be ad"judged guilty of felony without benefit of clergy." And, by f. 2., any fuch offence, whether committed in England, or on the high feas, may be tried before any court of oyer and terminer, or gaol delivery, for any county in England, as if the offence had been therein committed. Provided that no perfon tried and acquitted, or convicted under this act, fhall be liable to be tried again for the fame offence or fact, as high treason or mifprifion of treafon; nor fhall this act prevent the trial of any perfon, as for high treafon or mifprifion of treafon, who has not been tried for the fame fact under this act. Defertion from the King's Forces. This offence, whether by land or fea, in England or abroad, is by feveral ancient ftatutes made felony without benefit of clergy. And the offence is made made triable by the juftices of every fhire. Thefe ftatutes are alfo levelled against fome other inferior military offences, which are punishable as mifdemeanors; but they are altogether fallen into difufe, as well on account of the manner of retaining foldiers therein referred to being no longer adopted, as becaufe, fince the annual acts for punifhing mutiny and defertion, a more compendious and convenient fyftem of military coercion has obtained. By the ftatute 1 Geo. c. 47. If any perfon (other than enlifted foldiers, who are already punishable by law for fuch offence) fhall, in Great Britain, Ireland, Guernsey, or Jerfey, perfuade or procure any foldier to defert, he fhall forfeit 40l. to be recovered by any informer; and if he has not property to that amount, or, from the heinous circumstances of the erime it fhall be thought proper, the court before whom he is convicted fhall imprifon him not exceeding fix months, and alfo adjudge him to ftand in the pillory for one hour in fome market town next adjoining to the place where the offence was committed. The profecution must be commenced within fix months after the offence. OF ACCOMPLICES. It is generally faid, that in high treafon, whether at common law or by ftatute, there are no acceffaries, but all are principals; that whatever will make a man acceffary before or after in felony will make him a principal in trea fon, and that nothing lefs will. This is generally true, both with refpect to new as well as old treasons, if taken with refpect to the offence itfelf, or the offender after conviction; but there are certain exceptions and difcriminations too minute to be introduced into this work. As it happens more frequently in trials for this than for any other offence, that acts of fome of the confpirators, in the abfence of the others, are given in evidence against them, it may be proper to notice one general rule on this point. When the connexion between the parties is once eftablifhed, of which the court must in the first instance judge, then whatever is done in purfuance of that confpiracy by one of the confpirators, though unknown perhaps to the rest at the time, is to be confidered as the act of all. TRIAL. By the statute 1 & 2 Ph. & Mary, c. 10. " all trials "for any treafon fhall be had and ufed only according to the "due order and courfe of the common laws of the realm.” This offence is triable therefore, like all others, in the county where it is committed, that is, where the overt acts charged in the indictment were done; but it is enough if one overt act be proved in that county. Treafons committed on the high feas are triable before the admiral, by commission under the great feal, by virtue of the 28 Hen. VIII. c. 15. which in this refpect ftands unrepealed by the 1 Mary, ftat. 1. c. 1. As to other treafons committed out of the realm, the statute 35 Hen. VIII. c. 2. enacts that they fhall be inquired of, heard and determined before the king's bench, by jurors of the fame fhire where the court fhall fit, or elfe before fuch commiffioners and in fuch fhire as fhall be affigned by the king's commiffion, in like manner and form as if fuch treafons had been committed within the fhire where they are inquired of. But the privilege of peerage is faved. A like provifion is made with respect to Scotchmen, who, by the ftat. 7 Ann. c. 21. are triable before commissioners in any fhire, ftewartry, or county of Great Britain, as fhall be affigned by the crown for all treafons and mifprifions of treafons committed out of the realm of Great Britain. One fpecies of treafon, namely, that of committing hostilities at fea, under colour of a foreign commiflion, or any other fpecies of adherence to the king's enemies there, may be indicted and tried as piracy by virtue of the ftatutes 28 Hen. VIII. c. 15. 11 and 12 Will. c. 7. and 18 Gco. II. c. 30. There are inftances in the books of trials in England for high treafon committed by Irishmen in Ireland before the union; one of them is the cafe of an Irish peer, who objected without avail to the defect of trial by his peers. This has not paffed without question: but, fince the legislative incorporation of the two countries, these cafes cannot be brought into precedent again. By the ftatute 7 W. c. 3. " all and every perfon and perfons "indicted for high treafon, whereby any corruption of blood "may be made to them or their heirs, or for mifprifions of fuch "treafons, fhall be admitted to make their full defence by coun"fel; and the court before whom they are tried, or fome judge "thereof, is required, immediately on his or their request, to "affign them fuch and fo many counfel (not exceeding two) as "they may defire: to whom fuch counfel fhall have free accefs "at all feasonable hours." And by 20 Geo. II. this privilege is extended to impeachments for treafon, corrupting the blood, which had before been excepted generally from the benefit of the act of William. Each prifoner is entitled, under the statute of William, to have two counsel affigned him, though indicted jointly with others. The fame act of William requires that the perfon or perfons fo indicted," fhall have a true copy of "the whole indictment (but not the names of the witneffes) "five days at least before trial, to advise with counsel there upon, to plead and make their defence, his or their attorney "or agent requiring the fame, and paying the officer his "reasonable fees for writing it, not exceeding five fhil"lings for the copy of every fuch indictment. And every such "perfon fhall have a copy of the panel of the jurors who are to "try him, duly returned by the sheriff, and delivered to him two "days |