costs and charges of him the said P. I. and did also then endeavour That Richard Fuller being a wicked, evil-disposed person, On 37 Geo. after the passing of a certain act of parliament made in the III. c. 70. for 37th year of the reign, &c. entitled, "An act for the better ing to seduce prevention and punishment of attempts to seduce persons [*102] serving in his majesty's forces by sea or land, from their duty a soldier and allegiance to his majesty, or to incite them to mutiny or from his du disobedience;" and whilst the said act continued and was in ty and allegiance and force, to wit, on, &c. at, &c. feloniously did, maliciously and to mutiny. advisedly, endeavour to seduce Matthew Lowe, he the said (4) Matthew Lowe then and there being a person serving in his (d) See precedent, 1 Bos. and Pul. 180. and 1 East, P. C. 91, 2, 3. This statute was only temporary, continued by 47 Geo. III. s. 1. c. 15. for 7 years, from August 1807. The 1 Geo. I. c. 47. s. 1. is still in force, and subjects a party persuading a soldier to desert to 401. penalty, and he may be majesty's forces by land, from his duty and allegiance to his said majesty, against the form of the statute, &c. and against the peace, &c. Second count, that he feloniously did maliciously and advisedly endeavour to incite and stir up the said Matthew Lowe, he the said Matthew Lowe then and there being a person serving in his said majesty's forces by land as aforesaid, to commit an act of mutiny, and to commit traitorous and mutinous practices, contra formam, &c., contra pacem, &c. That the defendants, after the passing of a certain act of parliament, made and passed, &c. to wit, on, &c. at, &c. feloniously did administer and cause to be administered to one John Howorth a certain oath and engagement, then and there accordingly taken by the said J. H., and which oath and engagement was then and there intended to bind the said J. H. so then and there taking the same, not to inform or give evidence against any member of a certain society then and there formed to disturb the public peace, for any act or expression of his or theirs done or made collectively or individually, in or out of that or other similar societies in pursuance of the spirit of that obligation, against the form of the statute, &c. and against the peace, &c. Eighth count. That the defendants were aiding and assisting at the taking of a certain other oath and engagement then and there taken by the said J. H. and intended to bind the said J. H. so then and there taking the same, not to give evidence against any associate in certain associations and societies of persons formed for seditious purposes, against the form of the statute, &c. (e) 6 East, Rep. 419. n. (b) see other forms, Starkie, 701. 3. 3 East, 157. CHAPTER VI. INDICTMENTS, &c. FOR OFFENCES RELATING TO MIDDLESEX. The jurors for our lord the king upon their oath present that C. D. late of, &c. not having the fear of God before his eyes, nor weighing the duty of his allegiance, but (a) See other precedents, Co. Ent. gilding, washing, or casing is subject 360. West. tit. Indictment, sect. 142, to the same penalties, 15 Geo. II. c. 3, 4, 5.-As to this offence, counter- 28. s. 1. which seem only to be modes feiting the king's money, or bringing of coining. As to the crime of treafalse money into the realm is declar- sonable coining, &c. in general, see ed to be treason, by 25 Edw. III. st. 1 Hale, 210 to 230. Hawk. b. 1. c. 17. 5. c. 2. But this extends only to gold s. 54 to 91. Bac. Ab. Prerogative, b. and silver money, 1 East, P. C. 159. 8. Com. Dig. Justices, K. 7. 4 Bla. Same penalty inflicted on persons Com. 88 to 91. 1 East, P. C. 158 to counterfeiting foreign coin, current 167. Burn J. Coin. Cro. C. C. 109, here by consent of the sovereign, &c.-Accessaries. In treason, all con1 Mar. st. 2. ch. 6.; and on persons cerned are, in general, principals, 1 bringing counterfeit foreign coin, Hale, 233. But it has been doubted current here, into the realm, 1 & 2 whether receivers of coiners are P. & M. ch. 11. s. 2. Treason to guilty of more than misprision of counterfeit Irish money, under 25 treason, 1 East, P. C. 94, &c.; and, Edw. III. 1 East, P. C. 150. Clergy- on this doubt, a convict was pardonable felony to coin foreign gold or ed, Dyer 296, a.; but it seems they silver money, 37 Geo. III. c. 126. s. are traitors, 1 East, P. C. 95, except 2. The counterfeit must so resemble where accessaries before and princithe coin for which it is intended to pals in second degree are expressly pass, as ordinarily to impose on the included in the terms of the act which world, though the resemblance need creates the treason, when the connot be perfect, 1 East, P. C. 163, 4. struction has been, in general, leni. There need not be any impression, 1 ent, according to the maxim, expresLeach 364. In order to complete the sum facit cessare tacitum, 1 East, P. offence, there need not be any at- C. 96. At all events, the receiver of tempt to utter, 1 East, P. C. 165. a traitor cannot be tried till the origiMarking the edges of coin already in nal traitor is convicted, 1 Hale, 238; currency is also high treason, by 8 the indictment against him must be and 9 W. III. c. 26. s. 3, made per- special and not general, as in case of petual by 7 Ann, c. 25. s. 3. And procurers and abettors, 1 Hale 238 Crim. Law. VOL. II. N [*103] For treason in coining guineas, on 25 Edw. III. st. 5. s. 2. (a) [*104] being moved and* seduced by the instigation of the devil, and contriving and intending our said lord the king and all his people craftily, falsely, deceitfully, feloniously and traitorously (b) to deceive and defraud on, &c. with force and arms, at, &c. twenty pieces of false, feigned and counterfeit money and coin, of copper, brass and other mixed metals, of (c) the like[*105] ness and similitude of the good, legal and* current money and gold coin of our said lord the king, of this realm, called guineas, (d) then and there falsely, deceitfully, feloniously and traitorously (e) did forge, counterfeit and coin, against the duty of his allegiance, (ƒ) against the peace of our said lord A party who agrees, before the fact, to receive and vend counterfeit coin is a principal traitor, 1 Hale 214.Limitation of Prosecution. Prosecutions under 8 and 9 W. III. c. 26. for marking coin, must by 7 Ann, c. 25. 8. 2, be commenced within six months, and for washing, gilding, or colouring, under 15 Geo. I. c. 28. by s. 5. within six months. But information before justice is a sufficient commencement. 1 East, P. C. 186.-Indictment. The rules laid down as relative to other indictments for treason, except as to overt acts, apply, in general, to treasons relative to the coin. On the statute 8 and 9 W. III. c. 26. s. 1 and 3. as they contain a special exception in the enacting clause as to persons employed in the mint, it is necessary to insert an averment expressly negativing that circumstance, Fost. 430. Where defendants are taken in the act of incomplete coining, an indictment containing one count on 25 Edw. III. c. 2. and another on 8 and 9 W. III. c. 26. cannot be supported, 1 Leach, 135.-Evidence. Two witnesses are not, as in other treasons, necessary to convict, 1 East. P. C. 187. 1 Leach, 42. Houses and other suspected places may be searched for tools and base coin which may be seized, produced in evidence, and afterwards destroyed, 8 and 9 W. III. c. 26. s. 5. 11 Geo. III. c. 40. 37 Geo. III. c. 126. s. 7. But the defendant is allow ed 35 peremptory challenges, 1 East, P. C. 187.-Defence. The defendants are not entitled now to a copy of the indictment, witnesses, and jury, 6 Geo. III. c. 53. s. 3. 4 Bla. C. 352. nor to make their full defence by counsel, 7 and 8 W. III. c. 3. s. 13.; but are, in all respects, to be tried as common felons, except that they are allowed 35 peremptory challenges, 1 East, P. C. 187.-Judgment. The sentence in treason relative to the coin was always to be drawn and hanged, 1 Hale, 351. Women were burnt; but by 30 Geo. II. c. 48. they also are to be drawn and hanged. No corruption of blood or loss of dower ensues. Burn J. Coin.-Rewards. Party prosecuting to conviction a clipper, &c. of coin, receives 401. 6 and 7 W. UI. c. 17. s. 9.; and the same sum for convicting a traitor of washing, gilding, &c. 15 Geo. II. c. 28. s. 7. (b) The word traitorously is material, 2 Ld. Raym. 870. Comb. 259. 1 East, P. C. 115. (c) 1 Leach, 136, 364. 1 East, P. C. 164. The precedents sometimes use the word "to," see Cro. C. C. 109. 1 Leach, 285. Starkie, 359. West. Indictment, s. 142, 3, 4, 5. and those referred to in the next precedent, note i. (d) Every indictment for coining, clipping, uttering, &c. must show the kind of coin in respect whereof the offence is committed; but though it is usual to express the numbers of each kind, it is not necessary to set them forth in the indictment, 2 Hale, 187. Cro. C. C. 39. (e) Supra, note b. (f) The indictment should always allege the fact to be done against the duty of the defendant's allegiance, Comb. 259. 1 Ld. Raym. 1, 2. 2 Salk. 630. 1 East, P. C. 115. The term "natural" is never necessary, when defendant is a foreigner it is improper, and is always better omitted, 1 East, P. C. 115. Cranburn's case, 4 Harg. St. Tr. 670. ante, 64 the king, his crown and dignity, and also against the form of the statute in that case made and provided (g). 25 Ed. III. st. [Same as first precedent, ante 104, to the * and then proceed For treason as follows,] one piece of false, feigned and counterfeit money in coining a and coin of pewter, lead, tin and other mixed metals of (i) the shilling, on likeness and similitude to the good, legal and current coin of 5. c. 2. (h) this realm, called a shilling, then and there falsely and deceitfully, feloniously and traitorously did forge, counterfeit and coin, against the duty of his allegiance, against the peace of our said lord the king, his crown and dignity, and against the form of the statute in such case made and provided. [Same as ante 104, to the *] one piece of money of this The like in realm, called a shilling, falsely, deceitfully, feloniously and another traitorously did forge and counterfeit, against the duty, &c. Ed. III. st. 5. form, on 25 against the peace, &c. and against the form of the statute, &c. c. 2. (k) [Second count precisely like the preceding.] [Same as preceding, ante 104, to the * and then as follows,] For treason did falsely and deceitfully, feloniously and traitorously colour in colouring with a wash and materials producing the colour of silver, one [*106] round blank of base metal of a fit size and figure to be coined base metal into counterfeit milled money resembling the silver coin of this like a shilkingdom, called a sixpence, against the duty of his allegiance, 9 W. III. c. ling, on 8 & &c. against the peace, &c. and contrary to the statute, &c. 26. s. 4. (1) [Conclude as ante 105.] For that he the said C. D. after the 24th day of June, in the For felonisaid year of our Lord 1777, (m) to wit, on, &c. with force and ously coining a half, (g) 25 Edw. III. st. 5. ch. 2. see ante 103. n. (a) (h) As to the law, see ante 103. note a. See precedents, 1 Leach, 137.285. 364. Cro. C. C. 109. West. Entries, tit. Indictment, s. 142, 3, 4. The law is the same as to counterfeiting silver as gold coin, 1 East, P. C. 159. This indictment was held good, though no impression was made on the shillings, but they were made to resemble old coin worn away by time, 1 Leach, 285. A precedent precisely similar was under similar circumstances also held good, and the prisoners executed, 1 Leach, 365. (i) Sometimes the word is "to," 1 Leach, 285. Starkie, 359. Cro. C. C. 109. As to this point see ante 104. n. c. (k) See form, 1 Leach, 136. The first count was said to be new and singular, and will not dispense with the necessity of proving the resemblance of the counterfeit to the current coin, 1 Leach, 136. (1) This precedent was held sufficient, 1 Leach, 153. 1 East, P. C. 166. It was also holden that the melting a small portion of silver with base metal, and then throwing it into aqua fortis to make the silver rise to the top, so as to give the pieces of metal cut out the appearance of shillings, is a sufficient "colouring with a wash and materials," within the meaning of the statute, 1 East, P. C. 166. 1 Leach, 153. In this indictment the language of the act is pursued. There is not any exception in the enacting clause of this section, as in the 1st and 3d, relative to officers of the mint, and consequently it need not be negatived in the indictment, see ante, 104. n. a. (m) The day mentioned in 11 Geo. III. ch. 40. s. 1. which makes the offence felony. It is never absolutely necessary that this should be inserted, though where the statute is modern it is usual, but when ancient may always be omitted, 1 Burr. 366. 1 Saund. 309. n. 5. Gilb. L. and E. 242. |