pounds; and the appointment of such person to the office place or franchise so by him held shall become altogether void, and the office place or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever. XXII. Provided always, That for and notwithstanding any thing in this Act contained, the oath herein-before appointed and set forth shall be taken by the officers in his Majesty's land and sea service, professing the Roman Catholic religion, at the same times and in the same manner as the oaths and declarations now required by law are directed to be taken, and not otherwise. No. XCV. 10 Geo. IV. c. 7. Oaths by Military and NavalOfficers. taken by Roman Ca tholics. XXIII. And be it further enacted, That from and after the passing of No other this Act no oath or oaths shall be tendered to or required to be taken by Oaths neceshis Majesty's subjects professing the Roman Catholic religion, for ena- sary to be bling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by his Majesty's other subjects; and that the oath herein appointed and set forth, being taken and subscribed in any of the courts, or before any of the persons above mentioned, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all oaths and declarations required or prescribed by any law now in force for the relief of his Majesty's Roman Catholic subjects from any disabilities incapacities or penalties; and the proper officer of any of the courts above mentioned, in which any person professing the Roman Catholic religion shall demand to take and subscribe the oath herein appointed and set forth, is hereby authorized and required to administer the said oath to such person, and such officer shall make sign and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of one shilling; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. Roman Ca tholics. XXIV. And whereas the Protestant Episcopal Church of England and Titles to Sees, Ireland, and the doctrine discipline and government thereof, and likewise &c., not to be the Protestant Presbyterian Church of Scotland, and the doctrine disci- assumed by pline and government thereof, are by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably: And whereas the right and title of archbishops to their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, have been settled and established by law; be it therfore enacted, That if any person, after the commencement of this Act, other than the person thereunto authorized by law, shall assume or use the name style or title of archbishop of any province, bishop of any bishoprick, or dean of any deanery, in England or Ireland, he shall for every such offence forfeit and pay the sum of one hundred pounds. not to attend with Insignia of Office at any Place of Worship, other than Established XXV. And be it further enacted, That if any person holding any judicial Judicial or or civil office, or any mayor, provost, jurat, bailiff, or other corporate officer, other Officers shall, after the commencement of this Act, resort to or be present at any place or public meeting for religious worship in England or in Ireland, other than that of the united church of England and Ireland, or in Scotland, other than that of the church of Scotland, as by law established, in the robe gown or other peculiar habit of his office, or attend with the ensign or insignia, or any part thereof, of or belonging to such his office, such person shall, being thereof convicted by due course of law, forfeit such office, and pay for every such offence the sum of one hundred pounds. XXVI. And be it further enacted, That if any Roman Catholic ecclesi- Penalty on astic, or any member of any of the orders communities or societies herein-after mentioned, shall, after the commencement of this Act, exercise any of the rites or ceremonies of the Roman Catholic religion, or wear the habits of his order, save within the usual places of worship of the Roman Catholic religion, or in private houses, such ecclesiastic or other person shall, being thereof convicted by due course of law, forfeit for every such offence the sum of fifty pounds. Roman Catholic Eccle siastics offi ciating, except places of Worship. in their usual No. XCV. 10 Geo. IV. c. 7. XXVII. Provided always, and be it enacted, That nothing in this Act contained shall in any manner repeal alter or affect any provision of an Act made in the fifth year of his present Majesty's reign, intituled An Act to repeal so much of an Act passed in the Ninth Year of the Reign of King William the Third, as relates to Burials in suppressed Monasteries AbNot to repeal beys or Convents in Ireland, and to make further Provision with respect to the Burial in Ireland of Persons dissenting from the Established Church. Statute 5 G. 4. c. 25. For the Suppression of Jesuits and other Religi ous Orders of the Church of Rome. XXVIII. And whereas Jesuits, and members of other religious orders communities, or societies of the church of Rome, bound by monastic or religious vows, are resident within the United Kingdom; and it is expedient to make provision for the gradual suppression and final prohibition of the same therein; be it therefore enacted, That 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 at the time of the commencement of this Act, shall be within the United Kingdom, shall, within six calendar months after the commencement of this Act, deliver to the clerk of the peace of the county or place where such person shall reside, or to his deputy, a notice or statement, in the form and containing the particulars required to be set forth in the schedule to this Act annexed; which notice or statement such clerk of the peace or his deputy, shall preserve and register amongst the records of such county or place, without any fee, and shall forthwith transmit a copy of such notice or statement to the chief secretary of the Lord Lieutenant or other chief governor or governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of his Majesty's principal secretaries of state; and in case any person shall offend in the premises, he shall forfeit and pay to his Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement as is herein before required, the sum of fifty pounds. XXIX. And be it further enacted, That if any Jesuit, or member of any such religious order community or society as aforesaid, shall, after the commencement of this Act, come into this realm, he shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. XXX. Provided always, and be it further enacted, That in case any natural-born subject of this realm, being at the time of the commencement of this Act a Jesuit, or other member of any such religious order community or society as aforesaid, shall at the time of the commencement of this Act, be out of the realm, it shall be lawful for such person to return or to come into this realm; and upon such his return or coming into the realm he is hereby required, within the space of six calendar months after his first returning or coming into the United Kingdom, to deliver such notice or statement to the clerk of the peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted, as herein-before directed; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to his Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement, the sum of fifty pounds. XXXI. Provided also, and be it further enacted, That, notwithstanding any thing herein-before contained, it shall be lawful for any one of his Majesty's principal secretaries of state, being a Protestant, by a licence in writing, signed by him, to grant permission to any Jesuit, or member of any such religious order community or society as aforesaid, to come into the United Kingdom, and to remain therein for such period as the said secretary of state shall think proper, not exceeding in any case the space of six calendar months; and it shall also be lawful for any of his Majesty's principal secretaries of state to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit; and if any such person to whom such licence shall have been granted shall not depart from the United Kingdom within twenty days after the expiration of the time mentioned in such licence, or if such licence shall have been revoked, then within twenty days after notice of such revocation shall have been given to him, every person so offending shall be deemed guilty of a misdemeanor, and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. XXXII. And be it further enacted, That there shall annually be laid before both Houses of Parliament an account of all such licences as shall have been granted for the purpose herein-before mentioned within the twelve months then next preceding. No. XCV. 10 Geo. IV. c. 7. Accounts of Licences to be laid before Parliament. ed a Misde XXXIII. And be it further enacted, That in case any Jesuit, or mem- Admitting ber of any such religious order community or society as aforesaid, shall, Persons as after the commencement of this Act, within any part of the United King- Members of dom, admit any person to become a regular ecclesiastic, or brother or such Religious member of any such religious order community or society, or be aiding Orders deemor consenting thereto, or shall administer or cause to be administered, or be aiding or assisting in the administering or taking any oath vow or engagement purporting or intended to bind the person taking the same to the rules ordinances or ceremonies of such religious order community or society, every person offending in the premises in England or Ireland shall be deemed guilty of a misdemeanor, and in Scotland shall be punished by fine and imprisonment. meanor. Any Person so admitted a Member of a Order to be banished. XXXIV. And be it further enacted, That in case any person shall, after the commencement of this Act, within any part of this United Kingdom, be admitted or become a Jesuit, or brother or member of any other such religious order community or society as aforesaid, such person shall be Religious deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. XXXV. And be it further enacted, That in case any person sentenced and ordered to be banished under the provisions of this Act shall not depart from the United Kingdom within thirty days after the pronouncing of such sentence and order, it shall be lawful for his Majesty, to cause such person to be conveyed to such place out of the United Kingdom as his Majesty by the advice of his Privy Council shall direct. XXXVI. And be it further enacted, That if any offender, who shall be so sentenced and ordered to be banished in manner aforesaid, shall, after the end of three calendar months from the time such sentence and order hath been pronounced, be at large within any part of the United Kingdom, without some lawful cause, every such offender being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by his Majesty, for the term of his natural life. The Party and if at large after Three Months, may fans! be transported XXXVII. Provided always, and be it enacted, That nothing herein con- Not to extend tained shall extend or be construed to extend in any manner to affect to Female Soany religious order community or establishment consisting of females cieties. bound by religious or monastic vows. XXXVIII. And be it further enacted, That all penalties imposed by Penalties how this Act shall and may be recovered as a debt due to his Majesty, by in- to be recoverformation to be filed in the name of his Majesty's Attorney General for ed. England or for Ireland, as the case may be, in the Courts of Exchequer in England or Ireland respectively, or in the name of his Majesty's Advocate General in the Court of Exchequer in Scotland. XXXIX. And be it further enacted, That this Act, or any part thereof, Act may be may be repealed altered or varied at any time within this present session altered this of Parliament. Session. XL. And be it further enacted, That this Act shall commence and Commencetake effect at the expiration of ten days from and after the passing ment of Act. thereof. The Statutes relating exclusively to the coin are in the succeeding class: the titles of those whereby treasons were created in respect of the Roman Catholic religion have been referred to under Class I. I have thought it desirable to include a reference to statutes respecting treason repealed by the general operation of 1 Mary, st. 1. c. 1.; and also to some of the temporary statutes of Mary and Elizabeth, on account of their importance in an historical point of view. It has not ap peared requisite to attempt any digest, by way of notes, of the decisions that have taken place with respect to high treason; as, where any occasion occurs for the practical application of this branch of the laws, there is always abundant opportunity for preparation, and the law upon the subject is fully collected in several books of established reputation. But, upon the doctrine of constructive treason, I would strongly recommend the perusal of the very learned and judicious observations of Mr. Luders, in the first volume of his Law Tracts; a work which, for extent of information, accuracy of judgment, and interesting discussion, is entitled to a very high rank in the estimation of all who may be disposed to direct their attention to the study of jurisprudence as a rational science. To the following observations, arising from the impunity which may frequently take place in consequence of the nice distinctions between treason and other offences of an inferior nature, I entirely subscribe. The present method of trial in high treason sometimes gives an unfair advantage to the real and most dangerous criminal. Before the Act of King William, the advantage was on the side of the prosecution; and so tyrannically executed, in general, as to have given occasion to the contrary extreme in the new law. This evil is most likely to occur in the case of those popular commotions out of which the constructive treason of levy. ing war is drawn. If those who direct a prosecution for treason in such cases think proper to risk the benefit of public justice by so doing, let them take the consequences; but I would have them allowed a choice, and the use of their discretion. Therefore, if the fear of change should operate to prevent any legislative alteration of the law of treason, there seems an easy course to begin with the following measure, which would make the least change possible, viz. :-Let no defendant indicted for felony or misdemeanour be allowed to object that his case amounts to a higher crime. Some state prosecutions for treason have been justified by the argument, that they could not be instituted for less. This alteration would allow a discretion to those whom it concerus.'-Tracts, vol. 1. p. 134. [No I.] 25 Edward III. stat. 5. c. 2-A Declaration which Offences shall be adjudged Treason. No. I. ITEM, whereas divers opinions have been before this time in what case Treason shall be said, and in what not; the King, at the request of the 23 Edw. III. Lords and of the Commons, hath made a Declaration in the manner as stat. 5. c. 2. hereafter followeth; that is to say, When a man doth compass or imagine the death of our Lord the King, or of our Lady his Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest 'son and heir; or if a man do levy war against our Lord the King in his 'Realm, or be adherent to the King's enemies in his Realm, giving to them ' aid and comfort, in the Realm, or elsewhere, and thereof be provably at'tainted of open Deed by the people of their condition. And if a man counterfeit the King's Great or Privy Seal, or his 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 or make payment, in deceit of our said Lord the King and of his people; and if a man slea the Chancellor, Treasurer, or the King's Justices of the one Bench, or *the other, Justices in Eyre, or Justices of Assize, and all other justices 'assigned to hear and determine, being in their places, doing their offices. And it is to be understood, that in the cases above rehearsed, that ought to be judged Treason which extends to our Lord the King, and his Royal have the ForThe King shall Majesty: And of such Treason the forfeiture of the escheats pertaineth feiture of all to our Sovereign Lord, as well of the lands and tenements holden of Offender's other, as of himself. And moreover there is another manner of Treason, Lands in High that is to say, when a servant slayeth his master, or a wife her husband, Treason. ' or when a man secular or religious slayeth his prelate, to whom he oweth Petit Treason. 'faith and obedience; and of such treason the escheats ought to pertain to every lord of his own fee. And because that many other like cases of Treason New Questions of Trea may happen in time to come, which a man cannot think nor declare at this present time; it is accorded, That if any other case, supposed Treason, son shall first which is not above specified, doth happen before any Justices, the Justices be decided in shall tarry without any going to judgment of the Treason till the Cause be Parliament. 'shewed and declared before the King and his Parliament, whether it ought to be judged Treason or other Felony. And if percase any man of this Realm, ride armed covertly or secretly, with men of arms against any ' other, to slay him, or rob him, or take him, or retain him till he hath 'made fine or ransom for to have his deliverance, it is not the mind of the King nor his Council, that in such case it shall be judged Treason, but shall be judged Felony or Trespass, according to the Laws of the "land of old time used, and according as the case requireth. And if in such case, or other like, before this time any Justices have judged Treason, and for this cause the lands and tenements have come into 'the King's hands as forfeit, the chief lords of the fee shall have the escheats of the tenement holden of them, whether that the same tene'ments be in the King's hands, or in others, by gift or in other manner; saving always to our Lord the King the year, and the waste, and the forfeitures of chattels, which pertain to him in the cases ' above named; and that the writs of Scire facias be granted in such case against the land-tenants without other original, and without allowing the protection of our Lord the King, in the said Suit; and that of the lands which be in the King's hands, writs be granted to the Sheriff of the counties where the lands be, to deliver them out of the King's hands ' without delay.' [No. II.] 34 Edward III. c. 12.-There shall be no Forfeiture of Lands for Treason of dead Persons not attainted. |