For seditious words against the king and its place, and of and concerning the government of this kingdom, these scandalous and seditious words following, that is to say, I (meaning the said A. B.) highly approve of the revolution in France, (meaning the said revolution in the government of France) and I (meaning the said A. B.) do not doubt but it has opened the eyes of the people of England, (meaning that the people of England) to see that there was a necessity for a similar revolution in the government of this kingdom, to the scandal, &c. (as in the first count.) *That A. B. late of, &c. being a person of depraved, impious, and disquiet mind, and of a seditious disposition, and contriving, practising, and maliciously, turbulently, and seditiously intending government. (q) the peace and common tranquillity of our lord the king, and of [*97] this kingdom, to disquiet, molest, and disturb, and to bring our most serene sovereign lord George the Third, now king of Great Britain, &c. into great hatred and contempt with all his liege and faithful subjects of this realm, and to alienate and withdraw the affection, fidelity, and allegiance of his said majesty's subjects, from his said majesty, and to excite and move his said majesty's subjects to hatred and dislike of the government and constitution, established within this realm, he the said A. B. his most wicked contrivances, practices, and intentions aforesaid, to complete, per[*98] fect, *and render effectual, on, &c. in a certain discourse, which the said A. B. then and there had, with divers subjects of our said lord the king, of and concerning our said lord the king, and the government and constitution established within this realm, in the presence and hearing of divers liege subjects of our said lord the king, then and there present, maliciously, unlawfully, wickedly, and seditiously did say, assert, affirm, and pronounce, and with a loud voice did publish these malicious, seditious, and opprobrious English words following, that is to say, I (meaning the said A. B.) am for equality; I (meaning the said A. B.) see no reason why any man should not be upon a footing with another. It is every man's birthright. And that the said A. B. being thereupon, then and there asked by one of the persons, then and there present, how he the said A. B. dared to hold such language in any public or private company, and what he meant by equality, (9) This was the indictment against Frost, A. D. 1793, on which he was convicted; obtained from crown office. he the said A. B. then and there wickedly, maliciously and seditiously, in the presence and hearing of those subjects replied, in these words, that is to say, "why, no kings;" and thereupon the said A. B. being thereupon further asked, if he meant no kings in this country, he, the said A. B. wickedly, maliciously, and seditiously, in the presence and hearing of those subjects, answered in these words, that is to say, 66 yes, no king, the constitution of this country is a bad one," (meaning thereby, that he the said A. B. was for having no king in this realm, and that the constitution of this realm was a bad one in having a king,) to the great scandal and contempt of our said lord the king and his laws, to the evil example, &c. and against the peace, &c. And the jurors, &c. Second do further present, that the said A. B. being such wicked and count, evil disposed person as aforesaid, and further contriving and intending as aforesaid, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, in another discourse which the said A. B. then and there had with divers liege subjects of our said lord the king, of and concerning our said lord the king, and the government established within this realm, in the presence and hearing of divers other liege and faithful subjects of our said lord the king, then and there present, maliciously, seditiously, and wickedly did say, assert, affirm, and pronounce, and with a loud voice did declare and publish these other malicious and seditious English words following, that is to say, I (meaning the said A. B.) am for equa lity, and the said A. B. being thereupon, then and there asked by one of the persons then and there present, if he the said A. B. meant thereby equality, and no king in this country, he the said A. B. then and there, in the presence and hearing of those subjects, maliciously, and seditiously replied, and with a loud voice published these words following, that is to say, "yes, no king, and there ought to be no "kings," (meaning thereby, amongst [99] others, that there ought to be no king in this realm) to the great scandal, &c. [as in first count.] And the jurors, &c. do further Third present, that the said A. B. being such wicked and evil disposed person as aforesaid, and wickedly, and seditiously devising, and intending as aforesaid, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, in the presence and hearing of divers other liege and faithful subjects of our said lord the king, then and there present, maliciously, seditiously, and wickedly did utter, and with a loud voice pronounce, assert, and affirm, that there ought to be VOL. II. I count, no king in this couutry, (meaning this kingdom) to the great scandal, &c. [as in first count.] [*103] For trea *CHAPTER VI. INDICTMENTS, &c. FOR OFFENCES RELATING TO MIDDLESEX. The jurors for our lord the king, upon their son in coin- oath present, that C. D. late of, &c. not having the fear of God ing gui neas, on 25 before his eyes, nor weighing the duty of his allegiance, but beEdw. III. St... 2. ing moved *and seduced by the instigation of the devil, and contriving and intending our said lord the king and all his people (a) (a) See other precedents, Co. Ent. 360. West. tit. Indictment, sect. 142, 3, 4, 5.-As to this offence, (1) counterfeiting the king's money, or bringing false money into the realm is declared to be treason, by 25 Edw. III. st. 5. c. 2. But this extends only to gold and silver money, 1 East. P. C. 159. Same penalty inflicted on persons counterfeiting foreign coin, current here by consent of the sovereign, 1 Mar. st. 2. ch. 6.; and on persons bringing counterfeit foreign coin, current here, into the realm, 1 and 2 P. and M. ch. 11. s. 2. Treason to counterfeit Irish money, under 25 Edw. III. 1 East. P. C. 150. Clergyable felony to coin foreign gold or silver money, 37 Geo. III.,c. 126. s. 2. The counterfeit must so resemble the coin for which it is intended to pass, as ordinarily to impose on the world, though the resemblance need not be perfect, 1 East. P. C. 163, 4. There need not be any impression, I Leach, 364.— In order to complete the offence, there need not be any attempt to utter, 1 East. P. C. 165. Marking the edges of coin already in currency is also high treason, by 8 and 9 W. III. c. 26. s. 3. made perpetual by 7 Ann, c 25. s. 3. And gilding, washing, or casing is subject to the same pe (1) [United States.-By the act of Congress passed April 2, 1792, (Laws U. S. vol. 2. page 268.) debasing or making worse, for the purpose of profit or gain, or with a fraudulent intention, any of the gold or silver coins which shall be struck or coined at the mint, through the default, or with the connivance of the officers, or other persons employed at the mint; and embezzling any of the coins or the metals committed to their charge, for the purpose of being coined, are declared to be felonies, and punished with death. By the act of April 21, 1806, (Laws U. S. vol. 4. page 67.) Forging or counterfeiting any gold or silver coins, coined at the mint of the United States, or any foreign coins, which, by law, are made current, and altering the same, are declared felonies, and are punished by imprisonment at hard labour, for a period not less than three years, or more than ten years, or by imprisonment, not less than five years, and a fine, not exceeding five thousand dollars. By the same law, importing any false or forged coins, which, by law, are made current, with intent to utter them, and uttering or passing them, are felonies, and are puinished by imprisonment at hard labour, and by a fine. Laws U. S. vol. 4. page 67. Impairing, diminishing, falsifying, scaling, or lightening any of the coins of the United States, or those made ourrent by law, is felony, and punished with fine and imprisonment. 4 vol. Laws U. States, 68.] 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 likeness and simili nalties, 15 Geo. II. c. 28. s. 1. which seem only to be modes of coining.As to the crime of treasonable coining, &c. in general, see 1 Hale, 210 to 230. Hawk. b. 1. c. 17. s. 54 to 91. Bac. Ab. Prerogative, b. 8.Com. Dig. Justices K. 7. 4 Blac. Com. 88 to 91. 1 East. P. C. 158 to 167. Burn, J. Coin. Cro. C. C. 109, &c. Accessaries. In treason, all concerned are, in general, principals.1 Hale, 233. But it has been doubted whether receivers of coiners are guilty of more than misprision of treason, 1 East. P. C. 94, &c.; and, on this doubt, a convict was pardoned, Dyer 296, a.; but it seems they are traitors, 1 East. P. C. 95, except where accessaries before and prin. cipals in second degree are expressly included in the terms of the act which creates the treason, when the construction has been, in general, lenient, according to the maxim, expressum facit cessare facitum, 1 East. P. C. 96. At all events, the receiver of a traitor cannot be tried till the original traitor is convicted, 1 Hale, 238. the indictment against him must be special and not general, as in case of procurers and abettors, 1 Hale, 238. A party who agrees, before the fact, to receive and vend counterfeit coin is a principal trai tor, 1 Hale, 214. Limitation of Prosecution. Prosecutions under 8 and 9 W. III. e. 26. for marking coin, must by 7 Ann, c. 25. s. 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 allowed 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 per. emptory challenges, 1 East. P. C. 187.-Judgment.-The sentence in treason relative to the coin, was al ways 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 40/6 and 7 W. III. 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 some. times use the word "to," see Cro. C. C. 109. 1 Leach, 285. Starkie, 359. West Indictment, s. 142, 3, 4, 5. [*105] tude 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, (f) against the peace of our said lord the king, his crown and dignity, and also against the form of the statute in that case made and provided. (g) [*122] *CHAPTER VII. INDICTMENTS, &c., FOR OFFENCES AGAINST THE REVENUE. (OMITTED.) (d) Every indictment for coining, (f) The indictment should al- gainst 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". (g) 25 Edw. III. st. 5. ch. 2. see ante, 103. n. (a) |