for this as for forging the receipt, it was objected that there was no forgery or alteration of the receipt, but the alteration was in the precept: but it was holden that as the altering of the figures in the precept had the effect of altering the sum for which the receipt was given, it was clearly a forgery of the receipt. R. v. Vaughan, 8 Car. & P. 276. Recognizance, cognovit, judgment, or deed enrolled,—acknowledging, in the name of another, is punishable by stat. 1 W. 4, c. 66, s. 11. Registers of baptism, marriage, or death,-making false entries in them, or forging, or uttering a licence of marriage, is made punishable by stat. 1 W. 4, c. 66, s. 20. Seals: forging the great seal of the United Kingdom, the privy seal, privy signet, or sign manual, the seals appointed by the 24th article of the union with Scotland, the great seal of Ireland or the privy seal of Ireland,-treason; 1 W. 4. c. 66, s. 2;-transportation for life, or not less than seven years, or imprisonment, with or without hard labour, for not more than four nor less than two years. 1 Vict. c. 84, 8. 1. A Seal of a corporation, forging, 8 & 9 Vict. c. 113, s. 4. Undertaking for the payment of money; 1 W. 4, c. 66, s. 3. 1 Vict. c. 84, s. 2; may be described in the indictment, as a certain undertaking for the payment of money." written promise to pay A. 1001. or such other sum as he should incur by reason of his being surety to the sheriff for C. D., has been holden to be an undertaking within the Act. R. v. John Reed, 8 Car. & P. 623. So, a guarantie that another would pay for goods to be sold to him by the prosecutor, although an undertaking for payment by another, was holden by the judges to be an undertaking for payment of money within the Act. R. v. Stone, 2 Car. & K. 364. 1 Den. 181. 66 Will, testament, codicil, or testamentary writing; 1 W. 4, c. 66, 8. 3. 1 Vict. c. 84, s. 2; may be described in the indictment as 66 a certain will," or "a certain will and testament," or a certain codicil to a will," without saying of whom, or the date, or other particulars. See 14 & 15 Vict c. 100, ss. 5, 7, ante, pp. 89, 90. "Forgery may be committed of the will of a person who is alive; Coogan's case, 2 East, P. C. 943; or the will of a person who never existed. R. v. Avery, 8 Car. & P. 596. Where, upon an indictment for forging a will, the prosecutor, in the course of his evidence, put in and proved the probate; and it was thereupon objected for the prisoners, that this, whilst unrevoked, was conclusive evidence that the will was genuine and valid: but Garrow, B., overruled the objection; and the prisoners being convicted, the judges held the conviction to be right. R. v. Buttery and McNamarra, R. & Ry. 342. As to witnesses for the prosecution, see R. v. Hayward et al., 2 Car. & K. 234. Farley et al., Id. 313. R. v. As to forgery at common law, see 2 East, P. C. 859-864. A railway pass is an instrument, which may be the subject of forgery at common law; R. v. Boult, 2 Car. & K. 604; but it seems that to make the uttering an offence at common law, some fraud must have been actually effected by it. Id. CHAPTER II. Offences against the Queen and her Government. 1. Treason, under stat. 25 Ed. 3, st. 5, c. 2. Indictment. The jurors for our Lady the Queen, upon their oath present, that A. B., being a subject of our -, in the year of to wit. said Lady the Queen, on the day of our Lord and on divers other days as well before as after, did, together with divers other persons to the jurors aforesaid unknown, traitorously compass and imagine [“ compass or imagine"] the death of our said Lady the Queen; and the said treasonable compassing and imagining did then traitorously express, declare, and evince by divers overt acts hereinafter mentioned, that is to say: In order to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, he the said A. B. and the said several persons aforesaid, on traitorously did meet and consult together about the means of deposing Her said Majesty from her regal style and dignity of Queen of the united kingdom of Great Britain and Ireland: And in order further to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, he the said A. B., and the said several persons aforesaid, on, traitorously did meet and consult together about the traitorously levying of war against our said Lady the Queen in her realm, to oblige Her said Majesty to change certain measures of her government: And in order further to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, he the said A. B., and the said several persons aforesaid, on with a great multitude of people armed and arrayed in a warlike manner, traitorously did levy war against our said Lady the Queen in her realm: And in order further to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, he the said A. B., on traitorously was adherent to the enemies of our said Lady the Queen, to wit, to the -, giving them aid and comfort in Her said Majesty's realm, and did then traitorously hire and enlist divers, to wit, men, and then did traitorously send them to, for the purpose of aiding and assisting the said enemies of our Lady the Queen : And in order further to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, the said A. B., on ———, traitorously did incite and endeavour to persuade the said enemies of our said Lady the Queen, to wit, the to invade Her said Majesty's realm: And in order further to fulfil, perfect, and effectuate his said most evil and wicked treason, and treasonable compassing and imagining aforesaid, the said A. B., on ———, traitorously did write and publish a certain treasonable letter and libel, of and concerning and which said letter and libel with intent thereby was and is as follows, that is to say, then to Contrary to the duty of his allegiance, against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Overt acts must be laid, as in the above form. See as to the indictment generally, Arch. Dig. Pl. Cr. 637-646. And as to the venue, see ante, p. 72. A copy of the whole indictment must be delivered to the prisoner (his attorney or agent requiring the same) ten days at least before his trial, and in the presence of tico or more credible witnesses; 7 ́Ann, c. 21, s. 11, which means before his arraignment; Fost. 230; and which ten days are reckoned exclusive of the day of the delivery of it, and the day of the arraignment. Id. 229. The bill must be preferred and found within three years after the offence committed. 7 & 8 W. 3, c. 3, s, 5. But these provisions in stat. 7 & 8 W. 3, and 7 Ann. shall not apply to cases, where the overt act laid shall be any attempt to injure in any manner the person of the Queen. 5 & 6 Vict. c. 51, s. 1. Arraignment and plea.] As to the arraignment, see ante, p. 108. Formerly, if upon arraigament the prisoner stood mute, it was equivalent to a conviction by verdict, and sentence was passed upon him, 7 & 8 W. 3, c. 3, s. 2. And see Arch. Dig. Pl. Cr. 669. But now the court, if it think fit, may order a plea of not guilty to be entered; 7 & 8 G. 4, c. 28, s. 2, ante, p. 109; and which in practice is always done. If the prisoner plead guilty, of course nothing remains but to pass sentence upon him. See 7 & 8 W. 3, č. 3, 8. 2. Jury and witnesses.] By stat. 7 Ann. c. 21, s. 11, a list of the witnesses to be produced on the trial, and of the jury,mentioning the names, profession, and place of abode of such witnesses and jurors,-shall be given to the prisoner, in the presence of two or more credible witnesses, at the same time that the copy of the indictment is delivered to him. See also stat. 6 G. 4, c. 50, s. 21, to the same effect, as to the list of the jury. But this is not to extend to cases, where the overt act shall be any attempt to injure the person of the Queen. 5 & 6 Vict. c. 51, s. 1. Evidence.] The evidence must be applied to the overt acts; and the prosecutor must prove one good overt act, at least, in the county in which the venue is laid, but he may prove the others to have taken place in any other county. 2 Harck. c. 46, s. 184-189. And there must be "two lawful witnesses, either both to the same overt act, or one of them to one, and another of them to another overt act of the same treason,— unless the party indicted and arraigned or tried shall willingly without violence, in open court, confess the same." 7 8 W. 3, c. 3, s. 2. As to evidence of an overt act of conspiring to levy war, see Arch. Dig. Pl. Cr. 468, 515;—of levying war, Id. 467, 497;-of adhering to the Queen's enemies, Id. 470, 518;-of inciting foreigners to invade the country, Id. 472;-of treasonable writings, published, Id. 473;-of words of advice or persuasion to treason, Id. 475. The prisoner also must be proved to be a subject of Her Majesty. Id. 449 -461. Trial.] The prisoner may peremptorily challenge thirtyfive jurors, without showing any cause. Arch. Dig. Pl. Cr. 671. Ante, p. 163. And formerly if he peremptorily challenged more, it was equivalent to a conviction. See 7 & 8 W. 3, c. 3, s. 2. But now, by stat. 7 & 8 G. 4, c. 28, s. 3, every peremptory challenge above the limited number, is void, and the trial may proceed, as if no such challenge had been made. See ante, p. 163. The trial in other respects is the same as in ordinary cases. As to the sentence, see ante, p. 181. Principals, &c.] All those who would be accessories before the fact in felony, are principals in treason. Arch. Dig Pl. Cr. 582. So, all those who would be accessories after the fact in felony, are principals in treason; every instance of aid or protection, which in felony would render a man accessory after the fact, will in treason make him a principal. Fost. 341. 1 Hale, 239. 1 Hawk. c. 29, s. 3. Arch. Dig. Pl. Cr. 584. And those who procure, hire, or command, &c., are indicted, tried, &c., in every manner as principals in the first degree; 1 Hale, 238; but those who in felony would be accessories after the fact, though principals in treason, are in fact treated merely as accessories in their progress to conviction, and the indictment must be special of the receipt, &c., as in felony. Fost. 341, 342. 1 Hale, 238. Other Treasons. Compassing, imagining, inventing, devising, or intending death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person, of Her Majesty, her heirs or successors,—such compassings, imaginations, inventions, devices, or intentions, or any of them, being expressed, uttered, or declared, by publishing any printing or writing, or by any overt act or deed. 36 G. 3, c. 7. 57 G. 3, c. 6. 11 Vict. c. 12, s. 1. Compassing or imagining the death of the Queen Consort of a King, or of the eldest son of a King or Queen Regnant, is treason, by stat. 25 Ed. 3. st. 5, c. 2; Arch. Dig. Pl. Cr. 490, 493; compassing the death of the husband of a Queen Regnant, is not. Id. 491. Violating the King's Companion (Queen Consort,) or the eldest daughter of the King (or Queen Regnant) unmarried, or the wife of the eldest son and heir of the King (or Queen Regnant). 25 Ed. 3, st. 5, c. 2. Arch. Dig. Pl. Cr. 495. Levying war against our Lady the Queen in her realm. 25 Ed. 3, st. 5, c. 2. Arch. Dig. Pl. Cr. 497-517. Being adherent to the enemies of our Lady the Queen in her realm, giving to them aid or comfort in the realm or elsewhere. 25 Ed. 3, st. 5, c. 2. Arch. Dig. Pl. Cr. 518 -528. Slaying the chancellor, treasurer, the Queen's justices of the one bench or the other, justices of assize, and all other justices assigned to hear and determine, being in their places, doing their offices. 25 Ed. 3, st. 5, c. 2. Arch. Dig. Pl. Cr. 529-532. Counterfeiting the Queen's great or privy seal; 25 Ed. 3, st. 5, c. 2; or the sign manual, privy signet, or privy seal. · 1 Mary, Sess. 2, c. 6. But this is now punishable with transportation for life, or for not less than seven years; or imprisonment, with or without hard labour, for not more than four, nor less than two years. 1 Vict. c. 84, s. 1. Ante, p. 563. 2. Felony against Her Majesty. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of in the year of our Lord and on divers other days and |