is treated of or discussed, or to any lodge of Freemasons, two members of which certify on oath in the manner prescribed in 39 Geo. 3, c. 79, s. 6.

ARTICLE 93.

PUNISHMENT OF MEMBERS.

1 Every member of any such society and every person who acts as a member thereof, or directly or indirectly maintains correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, treasurer, secretary, delegate, or other officer or member thereof as such, or aids, abets, or supports any such society by contribution of money or otherwise, is liable to seven years penal servitude.

ARTICLE 94.

PERMITTING MEETINGS OF UNLAWFUL CLUBS.

2 Whoever knowingly permits any meeting of any club or society, or any division, committee, or branch of a club or society declared by Article 91 to be unlawful, to be held in any house or place belonging to him or in his occupation, is liable to a penalty of £5 for the first offence, and for every subsequent offence is deemed to be guilty of an unlawful combination and confederacy, and is liable to the penalties specified in Article 93.

ARTICLE 95.

JESUITS AND MONKS.

3 Every Jesuit, and every member of any other religious order, community, or society of the Church of Rome bound by monastic or religious vows who comes into this realm,

1 39 Geo. 3, c. 79, ss. 2, 8, 9; 57 Geo. 3, c. 19, s. 25 (consolidated). This offence is also punishable summarily.

2 57 Geo. 3, c. 19, s. 28; 39 Geo. 3, c. 79, s. 13.

3 10 Geo. 4, c. 7, ss. 28, 29.

commits a misdemeanor, and is liable upon conviction. thereof to be banished from the United Kingdom for the term of his natural life,

1

1 provided that the Secretary of State, being a Protestant, may grant a licence to any such person to come into the United Kingdom and to remain there for a period not exceeding six months; and any Secretary of State may revoke such licence before the expiration of the time mentioned therein. If the licensee does not depart from the United Kingdom within twenty days after the time mentioned in the licence, or after notice of revocation thereof, he commits a misdemeanor, and is liable to be banished from the United Kingdom for life.

2 Every such person commits a misdemeanor who, within any part of the United Kingdom, admits any person to become a regular ecclesiastic, or brother or member of any such religious order, community, or society, or aids or consents thereto, or administers or causes to be administered, or aids or assists in administering, any vow or engagement purporting or intended to bind the persons taking the same to the rules, ordinances, or ceremonies of such religious order, community, or society.

3 Every person commits a misdemeanor and must be banished from the United Kingdom for life who within any part of the United Kingdom is admitted or becomes a Jesuit or brother or member of any other such religious order or community aforesaid.

4

+ Every person ordered to be banished who does not depart from the United Kingdom within thirty days may be removed to such place as Her Majesty, by the advice of her Privy Council, directs.

5 Every person ordered to be banished who is found at large in the United Kingdom after three months from such order is liable to penal servitude for life.

1 10 Geo. 4, c. 7, s. 31.

2 Ibid. s. 33.

3 Ibid. s. 34.

4 Ibid. s. 35.

5 Ibid. s. 36.

1 Nothing in this Article contained affects any religious order, community, or establishment consisting of females bound by religious or monastic vows.

ARTICLE 96.

SEDITIOUS WORDS AND LIBELS.

2 Every one commits a misdemeanor who with a seditious intention speaks any words or publishes anything capable of being a libel. If the matter published consists of words spoken, the offence is called the speaking of seditious words. If the matter so published is contained in anything capable of being a libel, the offence is called the publication of a seditious libel.

The word "publish" in this Article is used in the same sense as in Article 294, and the word "libel" in the second of the two senses specified in Article 291.

ARTICLE 97.

SEDITIOUS CONSPIRACY.

3 Every one commits a misdemeanor who agrees with any other person or persons to do any act for the furtherance of any seditious intention common to both or all of them. Such an offence is called a seditious conspiracy.

ACTICLE 98.

SEDITIOUS INTENTION DEFINED.

4 A seditious intention is an intention to bring into hatred or contempt, or to excite disaffection against the person of,

1 10 Geo. 4, c. 7, s. 37.

21 Hawk. P. C. 66, 486; 4 Steph. Com. 170; 3 Russ. Cr. 197-202, and see 2 Hist. Cr. Law, ch. xxiv. pp. 298–396. Draft Code, s. 102. 3 See Wright on the Law of Conspiracy, 28-31. Draft Code, s. 102.

4 60 Geo. 3 and 1 Geo. 4, c. 8; and O'Connell v. R., 1844, 11 Cl. & F

155, 234. St. Tr. N.S. Draft Code, s. 102.

Her Majesty, her heirs or successors, or the government and constitution of the United Kingdom, as by law established, or either House of Parliament, or the administration of justice, or to excite Her Majesty's subjects to attempt otherwise than by lawful means, the alteration of any matter in Church or State by law established, or to incite any person to commit any crime in disturbance of the peace, or to raise discontent or disaffection amongst Her Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects.

1

2 An intention to show that Her Majesty has been misled or mistaken in her measures, or to point out errors or defects in the government or constitution as by law established, with a view to their reformation, or to excite Her Majesty's subjects to attempt by lawful means the alteration of any matter in Church or State by law established, or to point out, in order to their removal, matters which are producing, or have a tendency to produce, feelings of hatred and ill-will between classes of Her Majesty's subjects, is not a seditious intention.

ARTICLE 99.

PRESUMPTION AS TO INTENTION.

3 In determining whether the intention with which any words were spoken, any document was published, or any agreement was made, was or was not seditious, every person must be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

I do not

1 These words were not in the earlier editions of this work. think they enlarge the sense, but they make it more explicit. They were intended to meet such cases as those of Most and Mertens, tried in 1881 and 1882 for publishing articles in the Freiheit applauding the assassination of the Emperor of Russia and that of Lord Frederick Cavendish and Mr. Burke at Dublin. See too the case of R. v. Collins, 1839, 9 C. & P. 456, and judgment of Littledale, J., 460.

2 R. v. Lambert and Perry, 1810, 2 Camp. 398; R. v. Vincent, 1839, 9 C. & P. 91.

3 R. v. Burdett, 1820, 1 St. Tr. N.S. 1, 4 B. & Ald. 95; R. v. Harvey, 1823, 2 B. & C. 257.

CHAPTER IX

OFFENCES AGAINST EXTERNAL PUBLIC TRANQUILLITY OFFENCES AGAINST FOREIGN NATIONS

ARTICLE 100.

VIOLATION OF AMBASSADORS' PRIVILEGES.

1 EVERY one is guilty of a misdemeanor who, by force or personal restraint, violates any privilege conferred upon the diplomatic representatives of foreign countries by the law of nations, as collected by Her Majesty's Courts from the practice of different nations, and the authority of writers thereon.

ARTICLE 101.

ARREST OF AMBASSADOR.

2 Every one commits a misdemeanor who sets forth or prosecutes or executes any writ or process whereby is arrested or imprisoned the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by Her Majesty, or any domestic servant of any such ambassador or minister, registered as such in the office of a principal secretary of state, or in the office of the sheriff of London and Middlesex.

ARTICLE 102.

PUNISHMENT.

2 Every person who commits the offence defined in Article 101 is liable to such pains, penalties, and corporal punish

1 Triquet and Others v. Bath, 1764, 3 Burr. 1478. As to what constitutes authority on a question of international law, see R. v. Keyn, 1876, 2 Ex. D. 63.

27 Anne, c. 12, ss. 3, 4, 6.