Felony Act, 1870 (y), the only part of the sentence which is retained in any case is the hanging. Certain additional consequences of conviction and attainder (z), viz., forfeiture of lands and goods, and corruption of blood, were abolished by the statute just mentioned (a), but certain incapacities were at the same time attached to convictions for treason felony (b). or Concealment of treason. Acts tending to alarm the Queen. MISPRISION OF TREASON. Misprision of treason consists in the bare knowledge and concealment of treason, any degree of assent making the party a principal. At common law this mere concealment, being construed as aiding and abetting, was regarded as treason, inasmuch as, it will be remembered, there is no distinction into principals and accessories in treason (c). It was specially enacted that a bare concealment of treason should be held a misprision only (d). The only punishment now is imprisonment. The party knowing of any treason must, as soon as possible, reveal it to some judge of assize, or justice of the peace. ATTEMPTS TO ALARM OR INJURE THE QUEEN. It will be remembered that at the beginning of the reign of Her Majesty a morbid desire for notoriety induced certain youths to annoy her by discharging fire-arms at her person, or in her presence. To put an end to this the legislature provided that deeds of this kind should be regarded as high misdemeanors (e). The acts enumerated are-To discharge, point, aim, or (y) 33 & 34 Vict. c. 23, s. 31. (z) N.B. A man is convicted when found guilty; he was said to be attainted when judgment had been given. (a) 33 & 34 Vict. c. 23, s. 1. (b) v. p. 465. (c) v. p. 39. (d) 1 & 2 Phil. & Mary, c. 10. (e) 5 & 6 Vict. c. 51. present at the person of the Queen any gun or other arms, whether containing any explosive or destructive material or not; to discharge any explosive substance near her; to strike or throw anything at her with intent to injure or alarm her, or break the public peace; or in her presence to produce any arms or destructive matter with like intent. The punishment is penal servitude to the extent of seven years, or imprisonment not exceeding three years. To this, very appropriately, the court may add that the offender be whipped, publicly or privately, once, twice, or thrice during the term of imprisonment. TREASON-FELONY, or FELONIOUS COMPASSING TO LEVY WAR, ETC. passing to war, induce Certain offences which had been declared treason by Felonious comstatute (ƒ) were, by a later statute (g), made felonies. depose, levy To these, on account of their treasonable character, invasion. the name "treason-felony" is sometimes given. The acts enumerated are-compassing, &c., to deprive or depose the sovereign from the style, honour, or name of the crown of the United Kingdom, or other of her dominions; (b) to levy war against the sovereign within the United Kingdom, in order by force or constraint to compel her to change her measures or councils, or to put force or constraint upon, or intimidate or overcome both houses, or either House of Parliament; (c) to move or to stir any foreigner or stranger with force to invade the United Kingdom, or any other of the sovereign's dominions. This compassing, &c., must be evidenced by some overt act, or by something published in printing or writing (h). Though the facts alleged in the indict (f) 36 Geo. 3, c. 7, s. I. (g) 11 & 12 Vict. c. 12, s. 3. (h) A third mode was mentioned--by open and advised speaking. But prosecutions for the prohibited practice, if they were expressed merely in this manner, were not to be had beyond two years from the passing of the Act (1848-1850), s. 4. ment, or pursued on the trial of any person indicted under this Act for felony, amount to treason, the person is not by reason thereof entitled to be acquitted of such felony; but if tried for the felony he cannot afterwards be prosecuted for treason upon the same facts (i). The punishment may extend to penal servitude for life. Sedition, what it consists in. Seditious libels or words. SEDITION. Sedition is a comprehensive term, embracing all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquillity of the state, and lead ignorant persons to endeavour to subvert the government and the laws of the empire. The objects generally are to excite discontent or dissatisfaction, to stir up opposition to the government, and to bring the administration of justice into contempt (j). This description is somewhat vague; but in that respect it only resembles the offence itself. It is hard to lay down any decisive line, on one side of which acts are seditious, and on the other innocent. The term 'sedition" is commonly used in connection with words written or spoken. It includes, however, many other acts, some of which are treated of separately; for example, training to arms, unlawful secret societies or meetings, &c. What is sufficient to constitute seditious libels or words? It may be answered generally-such political writings or words as do not amount to treason (k), but which are not innocent. We have already seen what constitute treason. As to what are innocent: it is the right of a free subject to criticise and censure freely the conduct of the servants of the Crown, whether ministerial or judicial, and the acts of the government (i) 11 & 12 Vict. c. 12, s. 7. (j) R. v. Sullivan, R. v. Pigott, 11 Cox, 44, 45. (k) Though treason itself may be said to be a kind of sedition. and proceedings in courts of justice, so long as he does it not with malignity nor imputes corrupt or malicious motives (7). The test proposed by an eminent authority is the following: "Has the communication a plain. tendency to produce public mischief by perverting the mind of the subject and creating a general dissatisfaction towards government" (m). seditious libel no extenua Proving the truth of a seditious libel is no excuse Truth of for the publishing it; nor will it extenuate the punishment, inasmuch as the statute (n), which allows the tion. defendant charged with libel to plead the truth under certain conditions, does not apply to seditious libels (0). The punishment for seditious libels or words is fine and imprisonment. Punishable in the same way are slanderous words uttered to a magistrate. UNLAWFUL OATHS AND SOCIETIES. oaths. Oaths. At the end of the last century, in conse- Unlawful quence of sedition and mutiny having been promoted by persons banding themselves together under the obligation of an oath, an Act was passed to make criminally punishable those who took oaths of a certain character:-Any person administering or causing to be administered, or aiding in or being present at and consenting to such administering, any oath or engagement intended to bind any person to engage in any mutinous or seditious purpose; or to disturb the peace; or to be of any society formed for such purpose; or to obey the orders of a committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose; or not to inform and give evidence against any associate or other person; or not to dis (1) R. v. Sullivan, &c., supra. (m) v. 3 Russ. 201. (n) 6 & 7 Vict. c. 96, s. 6. (0) R. v. Duffy, 2 Cox, 45; R. v. Burdett, 4 B. & Ald. 95. Oaths taken by compulsion. cover an unlawful combination, or illegal act, or illegal oath or engagement-is guilty of felony. The punishment is penal servitude from five to seven years. The same consequences also attend taking such an oath when not compelled to (p). It will be observed that this statute is not confined to oaths administered for seditious and mutinous purposes, but applies to other unlawful combinations, e.g., to raise wages (q). A later statute (r) declares to be felony the taking part in administering any oath intended to bind a person to commit any treason, or murder, or any felony punishable with death. The punishment for such offence is penal servitude to the extent of life, or imprisonment not exceeding three years. The punishment for taking such an oath is penal servitude for the same term (s). Persons taking these oaths by compulsion are not excused on that account unless they disclose the circumstance to a justice of the peace, one of the secretaries of state, or the privy council, within, under the first statute, four days; under the second statute, fourForm of oath. teen days (t). The oath need not be in any precise form so long as the parties understood it to have the force and obligation of an oath; therefore, of course, it is not necessary that it should be taken on the Bible (u). Unlawful societies. Societies. Societies are deemed unlawful combinations if their members are required to take any oath or engagement which is unlawful under the two above-mentioned statutes of George III., or is not required or authorized by law, or of which the mem (p) 37 Geo. 3, c. 123, s. I. (8) 7 Wm. 4 & 1 Vict. c. 91, s. I. (t) s. 2 of each statute. (u) R. v. Lovelass, 6 C. & P. 596. |