66 the Protestant "shall be the next in succession to THE CROWN for the time tempt, by overt being, according to the limitations of the ACT OF SETTLE- act, to hinder MENT, and according to the BILL OF RIGHTS, from succeeding succession, is "to the imperial crown of this realm, and the dominion and ter- high treason. "ritories thereto belonging, according to the limitations in the "two before-mentioned acts, and the same maliciously, advisedly, "and directly shall attempt by an overt act or deed, every such "offence shall be adjudged HIGH TREASON." 66 affirm by writing or printing that THE KING is not the rightful monarch, or that parliament cannot limit the treason. O. B. Oct. Sect. 108. By 6 Ann. c. 7. s. 7. "If any person or persons To maintain or "shall maliciously, advisedly, and directly, by writing or printing, "maintain and affirm that THE KING that now is, is not the law"ful and rightful KING of these realms, or that THE PRETENDED prince of Wales, or any other person or persons, hath or have any right or title to the same, otherwise than according to THE "BILL OF RIGHTS, and the ACT OF SETTLEMENT, and the descent of the "ACT OF UNION; or that the KINGS OF QUEENS of this realm, crown, is high "with and by the authority of parliament, are not able to make See the case of "laws and statutes of sufficient force and validity to limit and J. Matthews, " bind THE CROWN, and the descent, limitation, inheritance, and 9 St. Tr. 15. “government thereof, any such person or persons shall be guilty Sep. 1719. "of HIGH TREASON (a)." (a) See post. that directly to affirm the same by preaching, teaching, or advised speaking, is a præmunire. Sect. 109. By 13 Will. 3. c. 3. "If any of the subjects of the To hold any "crown of England shall, within this realm or without, hold, en- correspondence "tertain, or keep any intelligence or correspondence in person, TENDER, or any "or by letters, messages, or otherwise, with THE PRETENDER, or either of his or with any person or persons employed by him, knowing such sons, or any persons to be so employed; or shall, by bill of exchange, or ployed by him "otherwise, remit or pay any sum or sums of money for the use or them, is HIGH 66 or service of the said PRETENDER, knowing such money to be TREASON. "for such use or service; such person so offending shall be guilty of HIGH TREASON." 66 66 with THE PRE persons em If any or either of the sons of Sect. 110. By 17 Geo. 2. c. 39. the statute of 13 Will. 3. c. 3. is extended to the eldest or any other son or sons of the said Pretender, or to any or either of them; and "if the eld"est, or any other son or sons of the said PRETENDER (1) shall "land or attempt to land, or shall be found in Great Britain or "Ireland, or any of the dominions or territories belonging to the crown of Great Britain, or shall be found on board any ship, dominions "vessel, or boat, being so on board with intent to land in Great "Britain or Ireland, or any of the dominions or territories afore- of HIGH TREA"said soN. 66 (1) James the Second married a princess of the House of Modena, and died at St. Germains on the 17th September, 1707, leaving one son James Francis, the pretended Prince of Wales here alJaded to. James Francis married Maria Clementina Sobiesky, grand-daughter to the king of Poland, and died in the year 1765, leaving two sons, viz. Charles Edward Lewis Casimir Stuart, created DUKE OF ALBANY, and Henry Benedict Stuart, created CARDINAL OF YORK. Britain or Ireland, or any the thereof, they stand attainted The Count married a princess of Stolberg, in Germany, and died at Rome on the 31st December, 1788, leaving only a natural daughter, created Duchess of Albany. The Cardinal was born at Rome on the 6th March, 1725, and died at the same place, 1805, without issue. By his death the family of Stuart became extinct. If any officer or soldier shall, either abroad or at sea, hold correspondence with a rebel or enemy, he is guilty of HIGH TREASON. 1 Hale, 339. (a) Sed qu. if this statute is not expired. All crimes and offences that are HIGH TREASON by the laws of England, and no other, shall be HIGH TREASON in Scotland. "said, he and they respectively shall, by this act, be adjudged attainted of HIGH TREASON." 66 III. Offence of Corresponding with Rebels or Enemies. "if any officer or soldier "in his majesty's army shall, either upon land out of England, "or upon sea, hold correspondence with any rebel or enemy, or give them advice or intelligence either by letters, messages, signs, or tokens, or any manner of way whatsoever, or shall "treat with such rebels or enemies, or enter into any condition "with them, without the king's licence, or licence of the general, "lieutenant-general, or chief commander, every person so offending, shall be adjudged guilty of HIGH TREASON.” (a) Sect. 111. By 2 & 3 Ann. c. 20, 66 66 Sect. 115. NOTE, By 7 Ann. c. 21. s. 1, it is enacted, "That "such crimes and offences which are HIGH TREASON, or misprision of high treason, within England, shall be construed, adjudged, and taken to be high treason and misprision of high "treason within Scotland, and that no crimes or offences shall "be high treason or misprision of high treason within Scotland, "but those that are high treason or misprision of high treason in England; and that the crown may issue out commissions of "oyer and terminer in Scotland, under the seal of GREAT BRITAIN, to such persons as the king shall think fit, and that three "lords of the justiciary be in the said commission of oyer and terminer, whereof one to be of the quorum, to enquire of, hear, "and determine such high treason and misprision of high treason in such manner as is used in ENGLAND." 86 CHAP. III. OFFENCES AGAINST THE KING. OFFENCES more immediately affecting THE KING are, FIRST, against the bullion. SECONDLY, against the coin. THIRDLY, against the privy council. FOURHTLY, serving a foreign prince. FIFTHLY, injuring the king's armour. I. Offences against Bullion. The law respecting bullion is applicable to the following matters: 1. Regulations respecting articles manufactured from bullion. 2. The exportation of bullion. 3. The sale of bullion. 4. The having bullion in possession without being able to account for that possession. 5. Counterfeiting bullion. As to the first point; as to the several laws relative to the manufacturing of articles from bullion, Hawkins has been wholly silent. We therefore subjoin from Mr. East's Pleas of the Crown, Vol. I. p. 188, the regulations upon this point. By the statute 28 Ed. 1. s. 3. c. 20: No goldsmith shall make any vessel, jewel, or any other thing of gold or silver, except it be of good and true allay oz. gold, not worse than the touch of Paris Paris and silver of sterling allay or better: And that the latter should be assayed by the wardens of the Goldsmiths' Company, and marked with the Leopard's Head; and any such made otherwise may be seized; and if he be attainted of the fact, he shall be punished by imprisonment and ransom at the king's pleasure.' The standard of sterling was, that onepound of sterling gold contained 23 carats, 3 grains and a half of fine gold, and half a grain of copper alloy, making together 24 carats of Troy weight. But for many years past, the standard has been fixed at 22 carats of fine gold and two carats of copper. And by the same standard, every pound weight of sterling silver must contain 10 oz. 2 penny-weights of fine silver, and 18 penny-weights of copper alloy, making together twelve ounces. And by the statute of 17 Ed. 4. c. 1. it is provided, That no goldsmith shall sell any gold under the fineness of 18 carats, nor silver under the allay of sterling. By statute 4 Hen. 7. c. 2. all silver fined or parted, shall be made so fine that it may bear 12 penny-weights of allay in a pound weight, and yet be as good or better than sterling. By statute 18 Eliz. c. 15. goldsmiths' wares are required to be not less in fineness than 22 carats of gold, nor of silver less than 11 ounces 2 pennyweights. By statute 8 Wm. 3. c. 8. after the 25th March, 1697, no person shall work or make any manufacture of silver less in fineness thau 11 ounces and 10 penny-weights of fine silver in every pound Troy; nor put to sale, exchange, or sell any such, made after that time, (unless it be silver wire or such small things as are not capable of receiving a mark,) until such time as the same shall be marked as therein described. And if the wardens and masters of the said mystery, mark any plate for good contrary to the act, they shall also forfeit the value of the plate so deceitfully marked, to be recovered in the manner prescribed by the act. By statute of 6 Geo. 1. reciting, that it may be requisite for encouraging the several manufactures of wrought plate, to continue both the standard of plate of 11 ounces 10 penny-weights, and also the standard of 11 ounces 2 pennyweights (see statute 18 Eliz. c. 15.) to the pound Troy, enacts, that from the first of June, 1720, all silver vessels of plate, or manufactured of silver, shall not be less in fineness than those respective standards, each to be marked with distinguishing marks; the greater standard with the workman's mark, the mark of the wardens of the Goldsmiths' Company, and with the figure of a lion's head erased, and the figure of the Britannia; and the lesser standard with the workman's mark, that of the wardens of the Goldsmiths' Company, and the figure of a lion passant, and the figure of a leopard's head; and that it shall not be lawful to make any manufactures of silver of a coarser allay than above specified, under the penalties and forfeitures prescribed, by any laws then in force concerning wrought plate. "The statute 12 Geo. 2. c. 26. reciting several prior statutes for regulating the standards of gold and silver plate, enacts, "That after the 28th day of May, 1739, No goldsmith, silver"smith, VOL. I. D 66 66 smith, or other person, making, trading, or dealing in gold or "silver wares, within England, shall work or make, or cause, "&c. any gold vessel, plate, or manufacture of gold whatsoever, "less in fineness than 22 carats of fine gold in every pound weight Troy; or any silver vessel, &c. less in fineness than 11 "ounces 2 penny-weights of fine silver in every pound Troy; "nor sell, exchange, or expose to sale, or export out of this kingdom, any gold or silver manufacture, &c. less in fineness "than such respective standards, on forfeiture of £10 for every "such offence, one moiety to the king, the other to any in"former who will sue; and in default of payment, the defend"ant shall be committed by the court, in which judgment shall "be given thereon, to the House of Correction for the county, "&c. where convicted, there to be kept to hard labour not ex"ceeding six months, or until payment." The act contains exceptions of certain small wares, particularly described. By s. 3. Persons (other than the makers or workers thereof) dealing, &c. in gold and silver wares, exporting, selling, or exposing to sale the same, worse than the respective standards, who shall, within fourteen days after notice of the coarseness thereof, discover to the party grieved, or to the master, wardens, or clerk of any of the companies of goldsmiths of the place where such dealer resides, the name and place of abode of the maker or worker thereof, or of the person of whom such dealer really bought the same, and shall produce him if living, so that he may be prosecuted; and if such dealer shall give material evidence against such person, and the judge before whom the trial is had shall, under his hand, on the record certify the same, and also that there did not appear any ground to believe that such dealer, &c. was privy to the fraud; or if such dealer shall, on the trial of any suit or prosecution against himself concerning the premises, prove that he delivered to such maker or worker a sufficient quautity of standard gold or silver to make the said wares, and paid a reasonable price for the fashion thereof, or paid the maker or worker, or other person, a market price for standard gold or silver of that weight, besides a reasonable price for the fashion thereof, then such dealer, &c. shall be discharged from any penalty or forfeiture to be incurred by this act for exporting, selling, or exposing to sale, such coarse gold or silver wares, and from any action, suit, or prosecution for the same. Provided (s. 4.) that such dealer, &c. need not give material evidence, or produce such certificate as aforesaid, in order to indemnify himself from any penalty or forfeiture under this act, unless such trial against such maker, worker, or other person, of whom the said wares were bought, shall be had within four terms after such discovery made, nor unless reasonable notice shall be given to such dealer, &c. of the time of such trial. By s. 5. after 28th May, 1739, No goldsmith, silversmith, or other person whatsoever, making or selling, trading or dealing, in gold or silver wares, shall sell, exchange, or expose to sale within England, any gold or silver manufactures whatsoever made made after that time, or export the same out of this kingdom, until such manufacture of gold, (being of the standard of 22 carats of fine gold per pound Troy,) and such manufacture of silver, (being of the standard of 11 ounces 2 penny-weights of fine silver per pound Troy,) shall be marked with the mark of the worker or maker, which shall be the first letters of his christian and surname, and with the marks of the Goldsmiths' Company in London, viz. the leopard's head, the lion passant, and a distinct variable mark or letter to denote the year in which such plate shall be made, or with the mark of the worker or maker, and with the marks of the assayer at York, Exeter, Bristol, Chester, Norwich, or Newcastle upon Tyne, or plate (being of the standard of 11 ounces 10 penny-weights of fine silver per pound Troy,) with the worker or maker's name as aforesaid, and with these marks of the said company, viz. the lion's head erased, the figure of a Britannia, and the said mark or letter to denote the year as aforesaid, or with the worker or maker's mark, and the marks of one of the said cities or towns; upon pain of forfeiting £10, half to the crown, and half to any informer who will sue; and for default of payment, the offender shall be committed by the court in which judgment shall be given thereon, to the House of Correction for the county, &c. where convicted, not exceeding six months, to hard labour, or until payment be made of the said forfeiture. By sect. 6. certain wares, by reason of their thinness or smallness, are excepted from being marked. By statute 24 Geo. 3. c. 53. s. 5. (to denote the payment of a certain duty,) over and besides the other legal marks, there is required on the same manufactures, when sent to be assayed and marked, the mark of the king's head; on pain of forfeiting, by s. 8. under the like circumstances as are before mentioned in the former act, £50, to be recovered and disposed of as aforesaid, or, in default of payment, to be committed in like manner to the House of Correction, not exceeding one year nor less than six months, or until payment; and also forfeiting the gold or silver manufacture so sold, exchanged, or exposed to sale without such mark, one moiety to the crown, the other to any person who will sue, with the like exceptions as in the former statute. The statute 30 Geo. 3. c. 31. repeals the exceptions in the two last mentioned acts as to the silver wares, and enacts others in lieu thereof. Lastly, by statute 38 Geo. 3. c. 69. it is enacted, that from and after the first day of October, 1798, it shall be lawful for any goldsmith or other person, making, trading, or dealing in gold wares in Great Britain, to work or make any gold vessel, plate, or manufacture of gold whatsoever, of the standard of 18 carats in every pound weight Troy, and to sell, exchange, or expose to sale, or export the same out of the kingdom. By s. 2. after the said 1st of October, 1798, no person shall sell, exchange, or expose to sale, or export out of the kingdom, any such manufacture of gold made after that time until marked with a crown, and the figures 18, instead of the mark of the lion passant, D 2 |