Procuring the marriage of the issue of Her present Majesty whilst under eighteen, without the assent of Parliament, &c. 3 and 4 Vic. c. 52, s. 4. Definition of "Overt act." Mere words not an ment mentioned in the last preceding Article, and the Acts made in England 66 ART. 15. Whosoever shall be acting, aiding, abetting, or concerned in obtaining, procuring or bringing about the marriage of the King or Queen of this realm for whom a regent is appointed, by an Act passed in the Session of Parliament holden in the 3rd and 4th years of Her present Majesty's reign, intituled “ An Act to provide for the administration of the Government in case the Crown "should descend to any issue of Her Majesty, whilst such issue shall be under "the age of eighteen years, and for the care and guardianship of such issue," before his or her age of eighteen years, with any person whomsoever, without the consent in writing of the Regent, and the assent of both Houses of Parliament previously obtained; and whosoever shall be so married to such King or Queen, whilst such King or Queen shall be under the age of eighteen years, shall be deemed to be guilty of treason, and incur the penalties of the Class. ART. 16. The terms "overt act or deed," as used in any Article of this Section, shall be deemed to include any act of conspiring, or conferring or consulting with, or advising, persuading, counselling, commanding or inciting any person, or any other act, measures, or means whatsoever, done, taken, used or assented to, towards and for the purpose of effecting the traitorous act or design charged. ART. 17. An act laid to be an overt act done for the effecting any alleged treason shall not be deemed to be insufficient to support the charge, by reason that such act either constitutes an overt act, or may properly be alleged to be an overt act of any other kind or branch of treason, provided it be in its nature and circumstances a sufficient overt act to support the charge of treason so alleged. ART. 18. Words spoken shall not be deemed to constitute an overt act of any treason, overt act of treason. unless they be words of advice, persuasion, counsel, command or incitement, tending to effectuate some traitorous act or design; provided that nothing in this Article contained shall be deemed applicable to any consultation for any traitorous purpose. Unpublished writing not an overt act of treason. Receiving, &c. traitors. ART. 19. No making or keeping of any writing which shall not have been published in contemplation or prosecution of some traitorous act or design shall be deemed to be an overt act of treason. ART. 20. Whosoever, knowing any treason to have been committed by any other person, or any other person to have been convicted of treason, shall receive, relieve, comfort or assist such person, or shall voluntarily suffer the escape of, or shall rescue, or aid or assist in the actual escape of any such person from lawful custody, shall be guilty of treason, and incur the penalties of the Class. (c) Besides the treasons contained in this Section, it is treason by the present law to forge the Great and other Royal seals; but the offence is not punishable with death. Previously to the passing of the 11 Geo. IV. and 1 Will. IV. c. 66, s. 2, it was a capital treason, and that Act continued it as such. The 2 and 3 Will. IV. c. 123, however, subsequently repealed the punishment of death for forgery in all but the two cases of wills and powers of the attorney; but as it left the quality of the offence enumerated in the 11 Geo. IV. and I Will, IV. c. 66, without alteration, to forge the royal seals and sign manual, although it has ceased to be a capital offence, is still treason. It has been suggested by the Criminal Law Commissioners (see their 6th Report, p. 27, note to Art. 25), whether this offence would not be more properly classed as a felony under the head of Forgery. We concur with them in the opinion that, the capital punishment having been repealed, the offence should no longer be classified as treason, and have therefore transferred it to that Section of this Chapter which relates to offences against the Queen's person, authority or government, or against the constitution, inferior to treason. (See Section 3 of this Chapter, Article 7.) SECTION 2. Misprision of Treason. Misprision of treason. WHOSOEVER shall conceal or keep secret any treason which shall have been committed, or shall be intended to be committed, shall be guilty of misprision and 2 Phil. and of treason, and incur the penalties of the Class. Mary, c. 10, s. 8. SECTION 3. Offences against the Queen's person, authority or government, or against the ART. 1. WHOSOEVER Shall wilfully discharge or attempt to discharge, or point, aim or present at or near to the person of Her Majesty, any gun, pistol or any other description of fire-arms or of other arms whatsoever, whether the same shall or shall not contain any explosive or destructive material, or shall wilfully discharge or cause to be discharged, or attempt to discharge or cause to be discharged, any explosive substance or material near to the person of Her Majesty, or shall wilfully strike or strike at, or attempt to strike or to strike at the person of Her Majesty, with any offensive weapon, or in any other manner whatsoever, or shall wilfully throw or attempt to throw any substance, matter or thing whatsoever at or upon the person of Her Majesty, with intent in any of such cases to injure the person of Her Majesty, or to break the public peace, or whereby the public peace may be endangered, or with intent in any of such cases to alarm Her Majesty; and whosoever shall, near to the person of Her Majesty, wilfully produce or have any gun, pistol or any other description of fire-arms or other arms whatsoever, or any explosive, destructive or dangerous matter or thing whatsoever, with intent to use the same to injure the person of Her Majesty, or to alarm Her Majesty, shall incur the penalties of the Class. ART. 2. Whosoever shall be guilty of any contempt against the person of Her Majesty Contemptuous or her royal dignity, by means of any contumelious, insulting or disparaging words of the Queen. words, acts or gestures, shall incur the penalties of the Class. (a) (a) It is also, by the 3 Edw. I. c. 34, a misdemeanor, punishable by imprisonment until the offender brings into Court him who was the first author of the tale, to tell or publish any false news or tales whereby discord, or occasion of discord or slander, may grow between the King and his people, or the great men of the realm. This enactment, except so far as it may be superseded by the mis demeanors described in the above Article, appears to be virtually obsolete. ART. 3. Geo. IV. c. 8, ss. 1 Whosoever shall maliciously compose, print or publish any seditious libel, Seditious Libels. expressing or signifying any matter or meaning tending to bring into hatred or 60 Geo. III. and I contempt the person of Her Majesty, or her government, or the constitution of and 4; 11 Geo. IV. the United Kingdom as by law established, or both Houses or either House of and 1 Will. IV. c. Parliament, or to excite Her Majesty's subjects to attempt the alteration of any matter in Church or State as by law established otherwise than by lawful means, shall incur the penalties of the Class. 73. If three or more persons shall assemble, or, being assembled, shall continue Seditious assem together with intent by public speaking, exhibiting of flags, inscriptions or other blies. means or devices whatsoever, to excite in the minds of Her Majesty's subjects hatred or contempt of the person of Her Majesty, or of her Government, or of the constitution of the United Kingdom as by law established, or of both Houses or of either House of Parliament, or to excite Her Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means, every person so offending shall incur the penalties of the Class. ART. 5. If two or more persons shall conspire to excite in the minds of Her Majesty's Seditious conspirasubjects hatred or contempt of the person of Her Majesty, or of her Govern- cies. ment, or of the constitution of the United Kingdom as by law established, or of Forging the Great and other Royal Seals. both Houses or of either House of Parliament, or to excite Her Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means, every person so offending shall incur the penalties of the Class. ART. 6. Whosoever shall maliciously publish any libel expressing or signifying any matter or meaning tending to bring into hatred or contempt the administration of the legislative, or the judicial or other executive authority, by law established, or any judge, magistrate or other public officer, acting in his official capacity, shall incur the penalties of the Class. ART. 7. Whosoever shall forge the great seal of the United Kingdom, Her Majesty's privy seal, any privy signet of Her Majesty, Her Majesty's royal sign manual, any of Her Majesty's seals appointed by the 24th Article of the Union to be Will. IV. c. 66, s. 2; kept, used and continued in Scotland, the great seal of Ireland or the privy scal of Ireland, shall incur the penalties of the 11 Geo. IV. and 1 2 and 3 Will. IV. c. 123; 3 and 4 Will. IV. c. 44, s. 3; 7 Will. IV. and 1 Vic. c. 84, ss. 2 and 3. Derogating from the 27 Edw. III. st. 1, Dean and Chapter omitting to elect, and Archbishop or Bishop to consecrate, a Bishop after receiving a congé d'élire. 25 Hen. VIII. c. 20. s. 7, repealed by and 2 Phil. and Mary, c. 8, and revived by 1 Eliz. c. Clergy enacting 7. (b) See note to Article 20 of Section 1 of this Chapter. ART. 8. Class. (b) Whosoever being of Her Majesty's liegance shall draw any out of the realm in plea whereof cognizance pertaineth to any of] Her Majesty's Court[s], or of things whereof judgment be given in [any of] Her Majesty's Court [s], or shall sue in any other Court to defeat or impeach the judgments given in [any of] Her Majesty's Court[s], shall incur the penalties of the Class. (c) (c) See also 24 Hen. VIII. c. 12, and 25 Hen. VIII. c. 19 (as to appealing to Rome from the Queen's Courts). ART. 9. If the dean and chapter of any cathedral church, where the see of an archbishop or bishop is within any [of] Her Majesty's dominions (after a licence under the Great Seal to proceed to [the] election of an archbishop or bishop of a see being void, with a letter missive, containing the name of the person whom they shall elect and choose, shall be delivered to them, according to the provisions of an Act passed in the 25th year of the reign of King Henry VIII., intituled, "An Act for the Non-payment of the First Fruits to the Bishop of Rome") [shall not] proceed to [such] election, and signify the same according to the tenor of that Act, within the space of 20 days next after such licence shall come to their hands; or else, if any archbishop or bishop, within any [of] Her Majesty's dominions, after any such election, or (in default thereof above 12 days after such licence or letter missive so delivered) after any nomination or presentment by Her Majesty, under the provisions of the beforementioned Act, of such a person to such office and dignity, so being void, as she shall think able and convenient for the same, shall be signified unto them by Her Majesty's Letters Patent, shall refuse and do not confirm, invest, and consecrate with all due circumstance every such person as shall be so elected, nominated or presented, and to them signified as is above mentioned, within 20 days next after Her Majesty's Letters Patent of such signification or presentation, shall come to their hands; or else, if any of them, or any other person or persons, shall admit, maintain, allow, obey, do or execute any censures, excommunications, interdictions, inhibitions, or any other process or act of what nature, name or quality soever it may be, to the contrary or let of the due execution of such Act, then every dean, and every particular person of the chapter, and every archbishop and bishop, and all other persons so offending and doing contrary to such Act, or any part thereof, shall incur the penalties of the Class. (d) (d) Recent proceedings in the Court of Queen's Bench show that doubts, at least, have arisen as to the object of this enactment. It has also been suggested, by high legal authorities, that it would be expedient to vest the appointment of Archbishops and Bishops formally as well as substantially in the Crown; were this done, the above Article would of course be unnecessary. ART. 10. If any of the clergy shall presume to attempt, allege, claim or put in use crdinances without any constitutions or ordinances, provincial or synodal, or any other canons, or constitutions or 25 Hen. VIII. c. 19 shall enact, promulgate or execute any such canons, constitutions or ordinances the Queen's assent. provincial, by whatsoever name or names they may be called in their convo- s. 1, repealed by 1 cations; unless such clergy shall have Her Majesty's assent and licence to make, and 2 Phil. and Mary, c. 8, and repromulgate and execute such canons, constitutions and ordinances, provincial vived by 1 Eliz. c. 1, or synodal, he shall incur the penalties of the ART. 11. Class. s. 6. Houses, or either House of Parlia ment, has a legislative authority Whosoever shall, by writing (e), preaching or other speaking, maliciously Asserting that both and advisedly express, publish, utter, declare or affirm that both Houses or either House of Parliament, have or hath a legislative power without Her Majesty, or any other words to the same effect, shall incur the penalties of the Class. (f) (e) The language of the Act is "writing, printing, &c.," but we have omitted the latter word, as being included within the definition of "writing" given in the Chapter of Definitions. (f) This Act is marked "Expired" in Ruffhead's edition of the Statutes; but as far as relates to the enactment contained in the above Article, it appears to us to be still in force, unless the use of the word "king" only, without the addition of "his heirs or successors," should be held to have restrained its operation to the reign of the then king (Charles II.); but we conceive that such is not the proper legal construction of the statute. We submit, however, the propriety of omitting the above Article. The offence intended to be provided against by it would, in that case, still be punishable under other branches of the Digest as a seditious libel, or as sedition, according to the circumstances by which it was attended. ART. 12. without the Crown. 13 Car. II. c. 1, s. 3. the Crown contrary Whosoever shall maliciously and directly, by preaching, teaching or advised Affirming that any speaking, declare, maintain and affirm that any person or persons hath or have person is entitled to any right or title to the Crown of this realm, otherwise than according to the to the Act of Settleseveral Acts mentioned or referred to in Article 13 of Section I. of this Chapter, ment, &c. or that the Kings or Queens of this realm, with and by the authority of Parliament, are not able to make laws and statutes of sufficient force and validity to limit and bind the Crown, and the descent, limitation, inheritance and government thereof, shall incur the penalties of the ART. 13. Class. 6 Ann, c. 7, s. 2. celebration of any riage Act. Whosoever shall knowingly or wilfully presume to solemnize, or to assist or Assisting at the to be present at the celebration of, any marriage with any descendant of the body marriage made void of King George II, male or female (other than the issue of princesses who have by the Royal Marmarried or may hereafter marry into foreign families), or at his or her making 12 Geo. III. c. 11, any matrimonial contract without the consent of Her Majesty (in any case ss. 1 and 3. where such consent is required by an Act passed in the 12th year of the reign of King George III., intituled "An Act for the better regulating the "Future Marriages of the Royal Family"), signified under the great seal, and declared in council, first had and obtained, shall incur the penalties of the Class. SECTION 4. Offences relating to the Oaths of Allegiance, Supremacy, and Abjuration. ART. 1. Members of either House of Parliament sitting or premacy. WHOSOEVER, being a Peer of this realm, or Member of the House of Peers, shall vote or make his proxy in the House of Peers, or sit there during any debate in such House, or being a Member of the House of Commons, shall vote in the voting therein, or House of Commons, or sit there during any debate in the House of Commons coming into the Queen's presence after their Speaker is chosen, or being a Peer or Member of the House of before they have Peers, and of the age of twenty-one years or upwards, or being a Member of the taken the Oaths of House of Commons, shall come advisedly into or remain in the presence of Her Allegiance and SuMajesty, or shall come into the Court or house where she shall reside, without, 30 Car. II. st. 2, in any of the cases before mentioned, having first taken, according to law, the c. 32, s. 20:10 oaths of allegiance and supremacy, or, being a Quaker or Moravian, having first Geo. IV. c. 7, ss. 2, made a solemn affirmation or declaration to the effect of such oaths, or, being a Roman Catholic, having first taken and subscribed, in like manner, the oath appointed and set forth in an Act passed in the tenth year of the reign of King George the Fourth, intituled "An Act for the relief of His Majesty's Roman Catholic subjects," and shall be thereof respectively convicted, shall be disabled ss. 2, 5, 6; 31 Geo. 4, 23; 3 and 4 Will. IV. c. 49. s. 1. to sue or use any action, bill, plaint, or information in any Court of law, or to ART. 2. Provided that, if any Peer or Member of the House of Peers, or of the House of Commons, shall before the end of the next term after his coming or remaining, as in the last preceding Article is mentioned, take the oaths of allegiance and supremacy, or, being a Quaker or Moravian, make a solemn affirmation or declaration to the effect thereof, or, being a Roman Catholic, take and subscribe the oath, in the same Article mentioned to be appointed and set forth in the Act of the tenth year of the reign of King George the Fourth, therein referred to, in Her Majesty's High Court of Chancery, between the hours of nine and twelve in the forenoon, he shall not be deemed to be within, or to be affected by, so much of the last preceding Article as makes it an offence for any such Peer or Member to come or remain, as in that Article is mentioned. ART. 3. Provided also that nothing in Article 1 of this Section contained shall extend to the prejudice of any person for coming into or remaining in the presence of Her Majesty, who shall first have licence so to do by any warrant under the hands and seals of six or more privy counsellors, by order of Her Majesty's Privy Council, upon some urgent occasion therein to be expressed, so as such licence exceed not the space of ten days, and be first filed and put upon record in the office of the petty bag in Chancery, for anybody to view without fee or reward, and so as such person be not licensed for above the number of thirty days in any one year. ART. 4. Provided also, that if any offender against the provisions of Article 1 of this Section shall at any time after such offence take the oaths of allegiance and supremacy, or, being a Quaker or Moravian, make a solemn affirmation or declaration to the effect of such oaths, in Her Majesty's High Court of Chancery, between the hours of nine and twelve in the forenoon, or, being a Roman Catholic, take and subscribe the oath in the same Article mentioned to be appointed and set forth in the Act of the tenth year of the reign of King George the Fourth, therein referred to, according to the directions of that Act, (b) every such person shall be from thenceforth freed and discharged from all penalties, disabilities, and incapacities incurred by him by reason of his having been convicted under the provisions of Article 1 of this Section, so as such freedom and discharge extend not to restore any such person to any office or place filled and supplied upon voidance by that Article, nor to any other office till after the expiration of one year from the taking, or taking and subscribing, or making such oaths or affirmation or declaration respectively; nor to make void, nor at any time discharge, the forfeiture of 5007. incurred under the provisions of the same Article. (b) See 10 Geo. IV. c. 7, ss. 20 and 23; and the 6th Report of the Criminal Law Commissioners, p. 99, note (s) to Art. 30, which equally applies to this Article. ART. 5. Whosoever, being a Peer of this realm, or Member of the House of Peers, shall vote or make his proxy in the House of Peers, or, being a Member of the House of Commons, shall vote in the House of Commons, without having taken and subscribed, according to law, the oath of abjuration, or, being a Quaker or |