Now felony, to coin copper

money by 11 G. 37 G. 3. c. 126.

3. c. 40. and

R. v. West and others. O. B. Sept. 1780.

" or a farthing, such person offending therein, and his, her, and "their aiders, abettors, and procurers, being thereof convicted, "shall suffer two years imprisonment, and find sureties for his or "her good behaviour for two years more, to be computed from "the end of the said first two years."

Sect. 26. But the coining or counterfeiting of the copper monies of this realm, from being punished only as a misdemeanor, continuing greatly to prevail, to the great prejudice of trade, it is enacted by 11 Geo. 3. c. 40. "That if any person or persons "shall make, coin, or counterfeit any of the copper monies of "this realm commonly called a halfpenny or a farthing, such "person or persons offending therein, and his, her, or their "counsellors, aiders, abettors, and procurers, shall be adjudged "guilty of felony."

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By stat. 37 Geo. 3. c. 126. "The provisions of the two last" mentioned statutes (by name) and all other acts concerning the copper monies of this realm called a halfpenny and a farthing, "or any other copper money of this realm, shall extend to all "such pieces of copper money as shall be coined and issued by "order of his majesty, &c. and as shall by royal proclamation be "ordered to be deemed and taken as current money of this "realm, as if such pieces had been particularly mentioned in "such acts respectively."

It may now be a question whether, under this latter statute, it is not optional to prosecute either for a misdemeanor, as the offence is made by the stat. 15 Geo. 2. or for a felony, as it is made by that of 11 Geo. 3. since the provisions of both statutes are extended to the new copper coinage? And yet such an option, without varying circumstances, is unusual, and incongruous with the general rule of law, that the misdemeanor is merged in the felony. The punishment, however, under the 11 Geo. 3. is only a year's imprisonment; which is founded on the general statute of the 18 Eliz. c. 7. s. 3. (E. P. C. vol. i. p. 162.)

III. Offences against the Privy Council.

Conspiring to Sect. 27. By 3 Hen. 7. c. 14. "If any sworn servant in THE murder the king" CHEQUER-ROLL of the king's household, under the state of a or peer is felony. «lord, make any confederacy, compassing, conspiracy, or imagi"nation with any person, to destroy or murder the king, or any "lord of this realm, or any other person sworn to the king's council, he shall be guilty of felony."

To wound a privy counsellor in duty is death.

Persons going

Sect. 28. By 9 Ann. c. 16. "If any person shall attempt to "kill, assault, strike, or wound any privy counsellor in execution "of his office, he shall suffer as a felon without clergy."

IV. Serving a Foreign Prince, or State, and deserting his Service. Sect. 29. By 3 Jac. 1. c. 4. s. 18, 19. "Every subject who abroad to serve❝shall go out of the realm to serve any foreign prince or state, a foreign prince 66 without taking or shall pass over the seas, and there voluntarily serve any such

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foreign

"foreign prince or state, not having before his going taken the the oaths of al"oath of obedience (a), shall suffer as a felon."

legiance, &c. are guilty of felony. 3 Inst. 80. Dalt. c. 107. Cawl. 182. (a) N. B. This oath of obedience is taken away by 1 Will. and Mary, sess. 1. c. 8. s. 2. and the new oaths of allegiance and supremacy enjoined in the room thereof. Vide c. 20. s. 41.

Sect. 30. And by 3 Jac. 1. c. 4. s. 20, 21. "If any gentle"man, or person of higher degree, or any person who hath born any office or charge in camp or army, shall go out of the realm "to serve such foreign prince, &c. without being bound with two "sureties in a bond, conditioned, that he shall not be reconciled "to the see of Rome, nor enter into any conspiracy against the king, he shall be a felon."

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By statute of 59 Geo. 3. c. 69. repealing former statutes on this subject enacts, "If any natural-born subject of his Majesty, "his heirs and successors, without the leave or licence of his "Majesty, his heirs or successors, for that purpose first had and "obtained, under the sign manual of his Majesty, his heirs or "successors, or signified by order in council, or by proclamation "of his Majesty, his heirs or successors, shall take or accept, or "shall agree to take or accept any military commission, or shall "otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to "enlist, or shall agree to enlist or to enter himself to serve as a "soldier, or to be employed or shall serve in any warlike or mili"tary operation in the service of or for or under or in aid of any foreign prince, state, potentate, colony, province or part of any province or people, or of any person or persons exercising or "assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or soldier, or in any other military "capacity; or if any natural-born subject of his Majesty shall, "without such leave or licence as aforesaid, accept, or agree to "take or accept, any commission, warrant, or appointment as an "officer, or shall enlist or enter himself, or shall agree to enlist or "enter himself, to serve as a sailor or marine, or to be employed, “or engaged, or shall serve in and on board any ship or vessel "of war, or in and on board any ship or vessel used or fitted "out, or equipped or intended to be used for any warlike purpose, in the service of or for or under or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or "people; or if any natural-born subject of his Majesty shall, "without such leave and licence as aforesaid, engage, contract, "or agree to go, or shall go to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to 66 serve, or with intent to serve in any warlike or military opera❝tion whatever, whether by land or by sea, in the service of or "for or under or in aid of any foreign prince, state, potentate, "colony, province, or part of any province or people, or in the

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"service

"service of or for or under or in aid of any person or persons ex-› "ercising or assuming to exercise the powers of government in "or over any foreign country, colony, province, or part of any "province or people, either as an officer or a soldier, or in any "other military capacity, or as an officer or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or "either of the cases aforesaid actually paid to or received by "him, or by any person to or for his use or benefit; or if any 66 person whatever, within the united kingdom of Great Britain "and Ireland, or in any part of his Majesty's dominions else"where, or in any country, colony, settlement, island, or place "belonging to or subject to his Majesty, shall hire, retain, en66 gage, or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed "in any such service or employment as aforesaid, as an officer, "soldier, sailor, or marine, either in the land or sea service, for or "under or in aid of any foreign prince, state, potentate, colony,

province, or part of any province or people, or for or under or "in aid of any person or persons exercising or assuming to exer-' "cise any powers of government as aforesaid, or to go or to "agree to go or embark from any of his Majesty's dominions, "for the purpose or with intent to be so enlisted, entered, en"gaged, or employed as aforesaid, whether any enlisting money. pay, or reward shall have been or shall be actually given or "received, or not; in any or either of such cases, every person "so offending shall be deemed guilty of a misdemeanor, and 66 upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either "of them, at the discretion of the court before which such offender "shall be convicted."

Offences committed out of the kingdom, by s. 9. may be tried in the court of King's Bench at Westminster, and the venue laid at Westminster in the county of Middlesex.

Desertion.

By 18 Hen. 6. c. 19. it is enacted, "That soldiers retained. " in the manner prescribed by the act, departing from their cap"tains without licence, shall be guilty of felony." But this statute is now of little use, because the method of retaining soldiers. therein referred to is disused (1).

"If

Sect. 2. However by 7 Hen. 7. c. 1. and 3 Hen. 8. c. 5. still in force," If any soldier, being no captain immediately re"tained with the king, who shall be in wages and retained, or "take any prest to serve the king upon the sea, or upon the "land beyond the sea, depart out of the king's service, without "licence of his captain, he shall suffer as a felon, without the "benefit

(1) At the time of passing this statute, it was a common mode of raising men for the king's service, for any landholder, or military adventurer, who had influence with others, to contract by

indenture with the king, to serve him, for a certain time, with a stipulated number of men, in any enterprize which the king might then have in hand.

"benefit of the clergy. And all justices of peace in every shire "in England, where any such offenders be taken, have power to " enquire of the said offences, and the same to hear and deter"mine, as they may do of felony, trespasses, and of other offences expressed in the king's commission to them made, as though "the said offences were done in the same shire."

"

Sect. 3. And by 2 Edw. 6. c. 2. " If any soldier serving the king in his wars, in any of his dominions, or on the seas, or be"yond the seas, or in Scotland, depart without licence of the ❝lieutenant, or admiral, or captain, &c. with booty, or otherwise, "being in the enemy's country, or elsewhere in the king's ser"vice, or out of any garrison where he shall be appointed to serve, he shall be adjudged a felon, and excluded from his clergy; and the justices of every shire where such offender "shall be taken, may enquire of and determine the offence, &c."

+ Sect. 4. By 1 Geo. 1. st. 2. c. 47. it is enacted, "That if Persons persuading soldiers any person or persons whatsoever (other than such as are or to desert, shall "shall be enlisted as soldiers, against whom sufficient remedy is, forfeit 401. "already provided by law) shall, in Great Britain or Ireland, or "the isles of Jersey or Guernsey, by words or other means whatsoever, directly or indirectly, persuade or procure any soldier or soldiers in the service of his majesty, his heirs or successors, "to desert or leave such service, or shall go about and endeavour "in manner aforesaid, to persuade, prevail on, or procure such "soldier or soldiers to desert or leave such service as aforesaid, "every such person or persons so offending as aforesaid, and "being thereof lawfully convicted, shall, for every such offence, "forfeit to his majesty, his heirs or successors, or to any other person or persons who shall sue for the same, the sum of "forty pounds, to be recovered by bill, plaint, or information, in “ any of his majesty's courts of record at Westminster, wherein "no essoin, protection, or wager of law shall be allowed; and if "it shall happen that any such offender so convicted as afore"said, hath not any goods and chattels, lands or tenements, to "the value of forty pounds, to pay and satisfy the same, or that "from the circumstances and heinousness of the crime it shall "be thought proper and convenient, the Court, before which the "said conviction shall be made, as aforesaid, shall award the without bail, "said offender to prison, there to remain for any time not ex"ceeding six months, without bail or mainprize, and also to and stand in the "stand in the pillory for the space of one hour, in some market- pillory. "town next adjoining to the place where the offence was com"mitted, in open market there, or in the market-town itself "where the said offence was committed."

And not having sufficient to pay it, to be imprisoned six months

Sect. 5. By 1 Geo. 1. st. 2. c. 47. s. 2. it is provided, Prosecution in "That no such action shall be brought, or prosecution carried six months. on, by virtue of this act, unless the same be commenced within "six months after the offence committed." (1)

VII.

(1) There is an act of Parliament passed annually for the regulation, pay, and discipline of the army, which is usually called the Mutiny Áct.

To embezzle or injure ordnance or naval stores, is felony without clergy.

4 Comm. 101. 3 Inst. 78.

VII. Injuring the King's Armour.

Sect. 34. By 31 Eliz. c. 4. "If any person having the charge or custody of the king's armour, ordnance, or munition, &c. or "of any victuals provided for the victualling of any soldiers or "mariners, &c. shall for lucre and gain, or wittingly, advisedly, "and of purpose to hinder or impeach the king's service, imbezil, Cawley, 90. purloin, or convey away any of the same armour, &c. to the And for the pre-❝ value of twenty shillings, he shall be judged guilty of FELONY. servation of the "But such offender must be prosecuted within the year next "after the offence done; and he shall not forfeit his hereditaand punishment <<ments any longer than during his life; nor shall his blood be of peculations under the. lue corrupted, or his wife lose her dower."

stores, and the mode of trial

of 20s. vide 9 & 10 Will. 3. c. 41. 5 Geo. 1. c. 25. 9 Geo. 1. c. 28. 17 Geo. 2. c. 40. s. 10. 9 Geo. 3. c. 30. s. 15. post.

See Clergy.

To burn or de

king's ships, stores, dock

That many

Sect. 35. By 22 Car. 2. c. 5. IT IS RECITED, persons are emboldened to commit the said offences in con"sideration that they are allowed the benefit of clergy," AND ENACTED, "that no person who shall offend against the said act ❝ 31 Eliz. c. 4. shall be admitted to the benefit of clergy."

Benefit of clergy is restored in the said offences by st.4 G. 4. c.5. Sect. 36. By 12 Geo. 3. c. 24. "Whoever shall either within stroy any of the this realm, or in any of the countries or places thereunto belonging, wilfully and maliciously set on fire and burn, or otheryards, or maga-wise destroy, or shall cause the same to be done, or shall aid zines, &c. is felony without or assist in the setting on fire, burning, or otherwise destroying clergy. "of any of his majesty's ships or vessels of war, whether on float or building in any of his majesty's dock-yards, or building or repairing by contract in any private yards for the king's use:"or any of his majesty's arsenals, magazines, dock-yards, rope"yards, victualling-offices, or any of the buildings erected therein, See Indictment," or belonging thereto; or any timber or materials there placed, "for building, repairing, or fitting out of ships or vessels; or any "of his majesty's military, naval, or victualling stores, or other "ammunition of war, or any place or places where any such "stores or ammunition shall be kept or deposited, shall suffer "death without clergy."

Cro. Cir. Ass. 24, 25.

CHAP IV.

OF PRÆMUNIRE.

For the history OFFENCES more immediately against the king, not capital,

of præminire,

see 4 Comm.

c. 8.

come generally under the titles of, 1st, Præmunire; 2dly, Misprision; and 3dly, Contempts.

In treating of pramunire I shall consider what offences come under this notion; and how they are punished.

OFFENCES coming under the notion of pramunire, seem to be against the prerogative of THE CROWN; or against the authority of THE KING and PARLIAMENT.

Those against the prerogative of the crown seem to come under the following particulars: 1. Making use of papal bulls.

2. Derogating