4. Aid and Comfort to the Enemy. This must be proved by some overt act, as by giving the enemy information, by sendthem provisions, by selling them arms, by treacherously surrendering a fortress, or the like. By enemies are meant the subjects of a foreign power, with whom we are at open war.

Pirates and Rebels. As to foreign pirates or robbers, who may invade our coasts, without open hostility between the respective nations, the giving them assistance is treason. So acts of adherence or aid rendered our fellow subjects in actual rebellion at home will amount to high treason, as it would be levying war against the king. But to relieve a rebel, fled out of the kingdom, is no treason, for the statute is taken strictly, and a rebel is not an enemy; an enemy being always the subject of some foreign power, and one who owes no allegiance to the crown of England. If a person be under actual constraint, and under a well grounded apprehension of injury to his life or person, through fear or compulsion joins with rebels or enemies in the kingdom, this is not treason, if he leaves them, as soon as he finds a safe opportunity.

5. Counterfeiting the Great Seal. But if a man takes wax, bearing the impression of the king's great or privy seal, from one patent and fixes it to another, this is held to be only an abuse of the seal, and not a counterfeiting of it.

6. Counterfeiting the King's Money. This is treason, whether the false money be uttered in payment or not. Also if the king's minters alter the standard of alloy, established by law. But gold and silver money only are held to be within the statute. Importing foreign counterfeit money is treason, if the intent be to utter it here; but the mere uttering it, without importing it, is not within the statute.

7. Murder of Certain High Officials. The actual killing of the chancellor, treasurer or a justice of the court, while attending his official duties, is treason. By later statutes, this is extended to the lord keeper or commissioner of the great seal. Changes in the Law of Treason. Under Richard II, extravagant indictments for treason were sanctioned, but,these were swept away in the next reign. But afterwards, in the reign. of Henry VIII, the spirit of inventing new treasons was revived. Though many of these causes were afterwards annulled, and by statute, all treasons were reduced to the standard adopted by

Edward III, yet from time to time the number has considerably increased. These new treasons are as follows:

(1.) Treasons Relating to Religion. To defend foreign religious jurisdiction in this realm is for the first offence a misdemeanor, for a subsequent one, high treason.

(2.) Treasons Relating to the Coin or Other Royal Signatures. By a law of the emperor Constantine, false coiners were declared guilty of high treason, and condemned to be burned alive. In Athens, all counterfeiters were subjected to capital punishment. Yet counterfeiting is usually practiced, rather for the sake of private gain, than out of disaffection for the sovereign. Before the statute of Edward III, the offence of counterfeiting the coin was only a species of petit treason. Clipping or defacing the genuine coin is now high treason, which formerly it was not. Also where one, without proper authority, shall make or mend, or shall buy, sell, conceal or knowingly have in his possession implements of coinage, or shall carry the same out of the king's mint. His counsellors, aiders and abettors are also guilty of the same heinous crime.

This act

(3.) Treason Against the Act of Settlement, was enacted to secure the Protestant succession to the throne, and for transferring the crown to the house of Hanover. The statute was passed in the reign of William III, at the time when the son of the former king, James II, who had been compelled to abdicate his throne, claimed that throne under the title of James III. although only thirteen years of age. To aid the claimant in any manner was termed high treason.

Punishment. This is solemn and terrible. The law reads, that the offender shall be drawn or rather dragged to the gallows; he shall be hanged and cut down alive; his entrails shall be removed and burned while he yet lives; his head shall be decapitated, his body be divided into four parts, and his head and quarters be at the king's disposal.

CHAPTER VII.-FELONIES AGAINST THE KING'S PRE

ROGATIVE.

PREAMBLE.

Felony-Defined. In its general acceptation, telony comprises every species of crime, which occasioned at common law the forfeiture of lands and goods. This most frequently happens in those crimes, for which a capital punishment either is or was liable to be inflicted. Felonies which are termed clergyable, or to which the benefit of clergy extends, were anciently punished with death in lay offenders, though now by statute for the first offence, universally remitted. All treasons are felonies, as well as other offences, now capital. So also are some other offences, not punishable by death, as homicide by chance-medley, or in self defence, also petit larceny; all which are felonies, because they subject the party to forfeitures.

Definition of Felony Reiterated. It is an offence, which occasions a total forfeiture of goods or lands, or both, at the common law, and to which capital or other punishment may be super-added, according to the degree of guilt.

Derivation of the Word. The word is of feudal original, but the derivation is puzzling. Some derive it from the Greek phalos, an impostor, others from the Latin fallo, fefelli. Coke gives it a still stranger etymology, but all agree, it is crime, occasioning a forfeiture of lands or goods. Sir Henry Spelman derives it from two northern words, meaning the price of a fief. writers constantly speak of it as a forfeiture to the lord.

Feudal

Under the Feudal Law. Acts, whether of a criminal nature or not, which are forfeitures of copyhold estates, are termed felonies in the feudal law. So, likewise injuries of a criminal nature were demonstrated felonies, that is, forfeitures; as assaulting the lord. Greater crimes, as murder and robbery, fell under the same title. The lord himself might be guilty of felony, and forfeit his seignory to the vassal by the same acts, as the vassal would have forfeited his feud to his lord.

Meaning Gradually Changed. Felony and the act of forfeiture to the lord being thus synonymous terms in the feudal law, on the introduction of that law into England, those crimes which induced such forfeiture or escheat of lands and forfeiture of goods also, were denominated felonies. Certain crimes were

felonies, because their consequence was forfeiture; still, by long use, the term felony was applied to the crime committed, and not to the penal consequence.

Capital Punishment. Capital punishment hence by no means enters into the definition of felony. It may exist without it, as in the cases of suicide, infanticide, homicide, and petit larceny; and it is possible hanging may be inflicted, and yet the offence be no felony, as in the case of heresy by the common law, which though a capital offence, worked no forfeiture, an inseparable incident to felony.

Forfeiture Necessary. The true criterion of felony is forfeiture. Coke observes, that in all felonies, which are punishable with death, the offender loses his lands in fee simple; and also his goods, while in such as are not so punishable, his goods and chattels only are forfeited.

Benefit of Clergy. The idea of felony is so connected with capital punishment, that we find it hard to separate them, and to this usage, the interpretations of the law now conform. And therefore, if a statute makes any new offence felony, the law implies, that it shall be punished with death, that is by hanging, as well as with forfeiture, unless the offender prays the benefit of clergy, which all felons are entitled once to have, provided the privilege be not taken away by statute.

Felonies Against the King's Prerogative. These are:

1. Offences Relating to the Coin, less than Treason. These indicate some misdemeanors, not amounting to felony, as for instance: The introduction of foreign coins of base metal; the melting down of sterling coin; the importation of foreign counterfeit coin, or the receiving or knowingly paying out the same; the counterfeiting here of foreign coin; the purchase or sale of filings or clippings of standard coin; the whitening of copper coin for sale, to make it resemble silver; the purchase or sale of any malleable composition, heavier than silver, and made to look like gold; the receipt or payment of counterfeit or diminished mill money, not being cut in pieces.

2. Offences Against the King's Council. If any sworn servant of the king's household conspires to kill a lord of the realm, or other person, sworn of the king's council, he shall be guilty of felony. To assault any privy counsellor in the execution of his office, is made felony, without benefit of clergy.

3. Serving a Foreign Prince. In serving foreign states, the act is generally inconsistent with allegiance to one's own prince. Under James I, a statute made it a felony, for a person to leave the realm to serve any foreign prince, without having first taken the oath of allegiance. Statutes of similar import have been passed in later times.

4. Embezzling or Destroying the King's Armor or Stores of War.

5. Desertion in Time of War. This may occur in land or sea service, and either in England or abroad. It is deemed a felony, and is now without benefit of clergy. Other military offences are punished with fines, imprisonment and other penalties.

CHAPTER VIII.-PRAEMUNIRE.

Meaning of the Term. This is so called from the words of the writ preparatory to the prosecution thereof: praemunire facias A. B., "that you cause A. B. to be forewarned," that he appear before us to answer the contempt, etc., which contempt is recited in the preamble of the writ. It originated in the power once claimed in England by the pope.

Ecclesiastical Tyranny. Religious principles, which when pure and genuine, tend to make men better citizens, have, when perverted and erroneous, been usually subversive of civil government, and been the instrument of every pernicious design, that can be harbored in the heart of man. The unbounded authority that was exercised by the Druids in the West, under the influence of pagan superstitution, and the terrible ravages committed by the Saracens in the East, to propagate the religion of Mahomet, both attest the truth of the observation, that civil and ecclesiastical tyranny are mutually productive of each other.

Church of England Eulogized. The church of England, on the contrary, inculcated due obedience to lawful authority, and in her principles and practice has been unquestionably loyal. In matters of faith and morality, it acknowledges no guide but the scriptures, and in matters of external polity and of private right, it derives all its title from the civil magistrate, looking to the king as its head, and the parliament as its lawgiver.