the time of his enlistment he belonged to the militia, or to any regiment in his Majesty's service, or to his Majesty's navy or marines, shall be deemed and taken as evidence of the fact so by him declared or acknowledged, without production of any roll or other document to prove the same. CHILD STEALING. 9 Geo. 4, c. 31. XXI. Be it enacted, that if any person shall maliciously, Stealing ary either by force or fraud, lead or take away, or decoy or en- child under tice away or detain, any child under the age of ten years, ten years. the age of with intent to deprive the parent or parents, or any other person, having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or if any person shall, with any such intent as aforesaid, receive or harbour any such child knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained, as hereinbefore mentioned; every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and, being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment; provided always, that no Not to experson who shall have claimed to be the father of an ille. tend to the gitimate child, or to have any right to the possession of such fathers of illegitimate child, shall be liable to be prosecuted by virtue hereof, on children. account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof. CLERGY. REVENUE LAWS. 52 Geo. 3, c. 143. Whereas, it is expedient that the provisions contained in any laws now in force for collecting his Majesty's revenue in Great Britain, whereby the penalty of death is imposed for any act done in breach of or in resistance to the said laws, or any of them, should be amended and reduced into one act; may it therefore please your Majesty that it may be enacted, and be it enacted, &c., that in all cases where any act to be done or committed after the passing of this act, Offences in breach of or in resistance to any part of the laws for colagainst re- lecting his Majesty's revenue in Great Britain, would, by venue laws, the laws now in force, subject the offender to suffer death, how puuishas guilty of felony, without benefit of clergy, by virtue of able. the said laws, or any of them, such act, so to be done or committed, shall be deemed and taken to be felony, with benefit of clergy, and punishable only as such, unless the same shall also be declared to be felony, without benefit of clergy, by this act. Note. - For offences made capital by this act, see tits. "Embezzlement" and "Forgery." Felonies without 7 Geo. 4, c. 64. VII. Whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy, under certain circumstances consequent upon the indictment of the offender; and whereas a partial remedy for such defects was supplied by an act passed in the third year of the reign of King William and Queen Mary, intituled "An Act to take away Clergy from some Offenders, and to bring others to Punishment," whereby it was enacted, that if any person should be indicted of any offence for which, by virtue of any former statute, such person was excluded from the benefit of clergy, if convicted by verdict or confession, such person should not be admitted to the benefit of clergy, under any of the circumstances therein enumerated; and whereas it is expedient to extend the like remedy to all offences which now are, or hereafter shall be, excluded from the benefit of clergy. Be it, therefore, enacted, that if any person shall be indicted of any offence for which, by virtue of this, or of any other statute or statutes, made or to be made, the offender is, or shall be excluded from the benefit of clergy, whether he or she shall be convicted by stances con- verdict or by confession, or shall, upon arraignment, stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, although the statute or statutes, taking away the benefit of clergy, in any such case, may not expressly provide that the offender shall be excluded from the benefit of clergy, in case such offender shall confess, or stand mute, or not answer directly, or challenge peremptorily above the number of twenty persons returned to be of the jury, or be outlawed; and every thing herein contained shall extend as well to all accessories as to principals. benefit of clergy provided for under all circum sequent on the indict ment. Felonies within bene VIII. And, with regard to clergy able felonies, be it enactfit of clergy ed, that if any person shall be indicted of any felony for provided for which the offender is, or shall be entitled to the benefit of under all clergy, and such person shall, on arraignment, confess the circum on the in felony, or stand mute of malice, or will not answer directly stances to the charge, or shall challenge peremptorily above the consequent number of twenty persons returned to be of the jury, or dictment. shall be outlawed upon such indictment, in every such case such person shall be deemed and taken to be convicted of the felony, and the court shall award such judgment as if such person had been convicted by verdict; and every thing herein contained shall extend as well to all accessories as to principals. 7 & 8 Geo. 4, c. 28. VI. Be it enacted, that benefit of clergy, with respect to Benefit persons convicted of felony, shall be abolished; but that of clergy nothing herein contained shall prevent the joinder in any in- abolished. dictment of any counts which might have been joined before the passing of this act. tal. VII. And be it enacted, that no person convicted of felony What feloshall suffer death, unless it be for some felony which was nies only excluded from the benefit of clergy before, or on the first shall be capi. day of the present session of parliament, or which hath been or shall be made punishable with death by some statute passed after that day. COINING, AND OFFENCES CONNECTED THERE- High TreaWITH. 1. OFFENCES AMOUNTING TO HIGH TREASON. 2. OFFENCES AMOUNTING TO MISPRISION OF TREASON. 3. FELONIES. 4. FELONIES AND MISDEMEANORS. I. OFFENCES AMOUNTING TO HIGH TREASON. 25 Ed. 3, s. 5, c. 2. It is treason if a man counterfeit the King's money; and if a man bring false money into this realm, counterfeit to the money of England, as the money called Lushburgh, or other like to the said money of England, knowing the money to be false, to merchandize and make payment in deceit of our said lord the king and of his people. (For the rest of this act see title "High Treason." Note. By the king's money is meant coin of gold or silver, raised with alloy: 1 Russ. 53. It is said that, by the words, "to merchandize," &c. is meant, "with intent to merchandize," &c.; and that the act of merchandizing, &c. need son. not be proved, to bring a case within the statute. At any rate, such intent must be averred in the indictment: 1 E. P. C. 176. As there are no accessories in treason, it follows, that all who, by furnishing the necessary tools, or by any other means aid or assist in the coining, are guilty of the offence as much as he whose hand is employed: 1 Russ. 53. High Trea son. Forging the coin of other realms current in this realm. 1 Mary, sess. 2, c. 6. Forasmuch as, by the laws of this realm, small, and no due and condign punishment is at this present time provided for such evil-disposed persons as shall counterfeit or forge such kind of gold or silver of other realms, as is not the proper coin of this realm, and yet permitted and suffered by the Queen our Sovereign Lady's consent, and heretofore hath been permitted and suffered by the consent of her most noble progenitors, to be current in payment within this her realm, nor for such persons as shall counterfeit the Queen's highness sign manual, or privy signet or privy seal; by reason whereof divers evil-disposed persons are encouraged and boldened daily to perpetrate and commit the said several offences. II. For remedy whereof, be it enacted, &c., that if any person or persons hereafter falsely forge and counterfeit any such kind of coin of gold or silver, as is not the proper coin of this realm, and is or shall be current within this realm by the consent of the Queen, her heirs, or successors; or if any person or persons at any time hereafter do falsely forge or counterfeit the Queen's sign manual, privy signet, or privy seal; that then every such offence shall be deemed and judged high treason. And the offender therein, their counsellors, procurers, aiders, and abettors, being convicted according to the laws of this realm of any of the said offences, shall be likewise deemed and adjudged traitors against the Queen, her heirs and successors, and the realm, and shall suffer and have such pains of death, forfeiture of lands, goods, and chattels, and also lose the privilege of all sanctuary, as in the case of high treason is used and ordained. Note.-Proclamation by the writ of proclamation under the great seal, or a remembrance thereof, is necessary to show the consent of the crown to the currency of coin under this statute; for the coin, being foreign, will otherwise be considered as only bullion: 1 E. P. C. 149. The coin must be that which is for the most part gold or silver: 1 H. P. C. 311, 328. 1 & 2 P. & M. c. 11. Whereas divers and sundry coins of gold and silver of other realms, not being of the proper coin of this realm of England, and yet by the sufferance and consent of the King and Queen our Sovereign Lord and Lady, be current in payment within this realm, many ill-disposed persons, for their own corrupt lucre and advantage, have now of late brought into this realm, from the parts beyond the sea, great quantity of forged and counterfeit money, like to the High Trea said coin of other foreign realms, and have uttered the son. same here by merchandizing and otherwise, to divers of the subjects of this realm, to their great deceit, hurt, and damage; because the said ill-disposed persons have perceived and understood, that there was not, nor yet is, any sufficient law or statute made or provided for the condign punishment of the offenders in that behalf. current in II. Wherefore be it enacted and established, by the authority of this present parliament, that if any person or persons, after the 20th day of January next coming, shall bring from the parts of beyond the sea into this realm, or into any of the dominions of the same, any such false and Importing counterfeit coin or money, being current within this realm, counterfeit as is aforesaid, knowing the same coin or money to be false foreign coin or counterfeit, to the intent to utter or make payment with the realm. the same within this realm, or any the dominions of the same, by merchandizing or otherwise; that all and every such person or persons so offending as aforesaid, their counsellors, procurers, aiders, and abettors in that behalf, shall be deemed and adjudged to be offenders in high treason, and shall suffer, after lawful conviction or attainder thereof, such pains of death, loss and forfeiture of lands, goods and chattels, as other offenders shall do in cases of high treason. &c. of an coin. III. And be it further enacted by the authority aforesaid, The manner that all and every person or persons that shall at any time of indict after the said 20th day of January be accused or impeached ment, trial, of any of the offences contained and provided for in this offender for statute, or of any other offence or offences concerning the impairing impairing, counterfeiting, or forging of any coin current or forging of within this realm, shall and may be indicted, arraigned, tried, convicted, or attainted by such like evidence, and in such manner and form, as hath been used and accustomed within this realm, at any time before the first year of the reign of our late sovereign lord King Edward the Sixth; any statute, custom, aw, or usage to the contrary thereof in any wise notwithstanding. Note. The money, the bringing n of which is prohibited by this statute, and by 25 Ed. 3, s. 5, c. 2, must be brought from some foreign place, out of the king's dominions, into some place within the same. It may be observed, also, that these 5 Eliz. c. 1. acts are confined to the importer, and do not extend to a receiver at second hand; and such importer must also be averred and proved to have known that the money was counterfeit 1 Russ. 66, Whereas the offences of clipping, rounding, wasting, and filing of monies or coins of this realm, was declared by an |