tion and conspiracy, if any member thereof take any oath or test contrary to 37 G. 3, c. 123, or subscribe any declaration or engagement not required by law; if the name of any member be kept secret, or there be any committee, or select body, or any president, treasurer, delegate, secretary, or other officer, not known to the society at large; if the names of the committee, select body, and officers be not entered in regular books, open to the inspection of all the members; if the society be composed of divisions, parts, or branches, acting separately, and having distinct officers, or delegates elected to act for each part or branch: all societies so constituted and conducted are declared unlawful, and every member thereof and every person who shall correspond therewith, or by contributions of money or otherwise aid or abet the same, is subject, on conviction, either by information before one justice, to a fine of £20 or three months' imprisonment, or by indictment, to transportation for seven years. Exceptions in favour of societies for religious and charitable purposes, and Freemasons' lodges.

This statute clearly refers to societies having oaths, tests, or any kind of secret proceedings, or having branches of divisions; but does not refer to separate and independent societies, nor prohibit the appointment of delegates, or the correspondence of such insulated associations.

But the provisions of the 39 G. 3 are extended by the 57 G. 3, c. 19, enacting that every society or club that shall elect or employ any committee, delegate, representative, or missionary, to meet, confer, or communicate with any other society or club, or with any committee, delegate, representative, or missionary of such other club or society, or induce any person to become a member thereof, shall be subject to the penalties of 39 G. 3, namely, fine, imprisonment, or transportation. Being a member of such society, or corresponding therewith, or supporting it by money or otherwise, subjects to the like penalties and punishments. Persons licensed for the sale of ale, beer, wines, or spirits, suffering such unlawful societies to meet in their houses, liable to forfeit their licenses; and any other person suffering such societies to meet in his house or apartment, is subject for the first offence to a penalty of £5, and for every subsequent offence is liable to the penalties and punishments of the 39 G. 3, c. 79.

These severe restrictive laws do not prohibit persons from being members of political societies, provided they are unconnected with others, and not of the descriptions mentioned; but it may be doubted whether sending instructions, or delegates from a society already formed, to an incipient meeting or association of persons, would not be deemed a violation of the 57 G. 3; it would certainly contravene its spirit, but whether it violated the letter would depend on the point-whether an appointed meeting of persons, not organized, could be considered a "society" or "club" within the meaning of the act.

In the session of 1846 an attempt was made to procure a repeal or mitigation of the laws against political societies, but unsuccessfully. All the concessions obtained by 9 & 10 V. c. 33, are that the statutes shall not be enforced at the instance of common informers or other persons. All prosecutions under them must be commenced in the name of the law officers of the crown.

II. UNLAWFUL OATHS AND ENGAGEMENTS.

By 37 G. 3, c. 123, any person who administers, or assists, or is present in the administering of any oath or engagement intended to bind persons in any mutinous or seditious purpose, or to disturb the public peace, or to be of any society formed for such purpose; or to obey the orders of any leader, committee, or body of men not lawfully constituted; or not to inform against any confederate, associate, or other person; or not to reveal any unlawful combination or confederacy, or illegal act done or intended, or illegal oath or engagement taken or tendered, shall, on conviction, be adjudged guilty of felony, and be transported for not exceeding seven years. Persons taking such illegal oath, without being compelled, subject to a like punishment.

Administering any oath to bind persons to commit treason, murder, or felony, or aiding therein, is punishable with transportation for life, or fifteen years, or imprisonment for three years; and persons taking such oath without compulsion are punishable with transportation for life, or for such term of years as the court shall adjudge, 52 G. 3, c. 104; 1 V. c. 91.

Compulsion will not excuse any person taking such unlawful oath, unless within fourteen days (if not prevented by actual force or sickness, and then within fourteen days after the hindrance ceases) he discovers the same to a justice of peace, or secretary of state, 37 G. 3, as amended by 52 G. 3, c. 104, s. 5.

In the case of The King v. Marks, 3 East, 157, a question was raised whether the unlawiul administering of an oath by an associated body of men to a person, purporting to bind him not to reveal or discover an unlawful combination or conspiracy of persons, nor any illegal act done by them, was within the 37 G. 3; the object of the association being a conspiracy to raise wages and make regulations in a certain trade, and not to stir up mutiny or sedition. The oath was, "You shall be true to every journeyman shearman, and not to hurt any of them; and you shall not divulge any of their secrets -So help you God." No positive decision was come to by the judges in this case, but the impression of the judges seemed to be that the offence was within the statute.

A subsequent case occurred at the Dorchester assizes, March 17, 1834, when six agricultural labourers were convicted and sentenced to seven years' transportation for being members of an illegal society, and administering illegal oaths. The indictment charged

them with administering an oath not to reveal an unlawful combination. The combination was illegal under 39 G. 3, as formed to administer unlawful oaths; and the oath not to reveal such combination illegal under 37 G. 3: so, by a rather subtle application of both statutes by Mr. Justice Williams, the offenders were convicted.

III. SPENCEAN OR ANTI-PROPERTY SOCIETIES.

Under the 57 G. 3, c. 19, Spencean societies or clubs, or any other description of society, by whatever name known or called, having for their object the confiscation or division of the land, or the extinction of the funded property of the kingdom, are prohibited as unlawful combinations and confederacies; and persons belonging to them are liable to fine or imprisonment by information, or to transportation for seven years on prosecution by indictment. The 57 G. 3, c. 19, extends only to Britain, the law on illegal societies in Ireland being the 4 G. 4, c. 87.

IV. SEDUCTION OF THE MILITARY OR NAVAL FORCES.

The 57 G. 3, c. 7, makes perpetual the 37 G. 3, c. 70, for Britain, and 37 G. 3, c. 1, for Ireland, by which the attempt to seduce any person serving in her Majesty's land or sea forces from his duty and allegiance, or to incite any one to commit any act of mutiny, is punishable with death; but the capital punishment is mitigated by 1 V. c. 91, to transportation for life, or for fifteen years, or imprisonment for three years. Whoever administers any unlawful oath, or takes any oath or engagement intended to bind any sailor or soldier in any mutinous or seditious society, or to obey any committee, or any person not having legal authority, is guilty of felony, and may be punished with penal servitude.

V. TRAINING TO ARMS AND MILITARY EXERCISES.

The 60 G. 3, c. 1, extends to Britain and Ireland, and enacts that meetings and assemblies of persons for the purpose of being trained to the ue of arms, or of practising military exercises and evolutions, without the authority of the queen, a lord lieutenant, or two justices of the peace, shall subject the offenders to transportation for not exceeding seven years, or imprisonment not exceeding two years; the persons attending such meetings are liable to fine and imprisonment not exceeding two years. Any magistrate, constable, or peace officer may disperse meetings assembled for such unlawful purposes, or detain and require bail from any one attending them.

VI. SEDITIOUS MEETINGS AND ASSEMBLIES

Sedition is a term of frequent occurrence, but Blackstone and most popular writers on law have passed it over without defining its precise application. It seems to consist in attempts made by individuals or public meetings, by speeches or writings, to instigate to a violation of the law, to disturb established institutions, or the peace and order of society. The uttering words and political writings which intemperately or indecently criticize the public measures of the queen and her ministers, by imputing to them corrupt and improper motives, are seditious: for though temperate observations on such measures are allowable, yet the attempting to possess people with an ill opinion of the government, and disparage it in public estimation, is considered a serious offence, whether the expedient resorted to be obloquy or ridicule.

The punishment of sedition is fine and imprisonment proportioned to the magnitude of the crime and the circumstances accompanying it.

A public meeting would be deemed seditious and unlawful which assembled under such circumstances of terror, arising either from excessive numbers, the alarming manner of assembling, or the violence of the language employed against the established authori ties, as endangered the public peace, or tended to excite fears and jealousies in the people. The justices, in such cases, would be warranted in swearing in constables, and adopting the precautions to prevent disturbance prescribed by 1 & 2 W. 4, c. 41, and men. tioned p. 113. The general rule of law in regard to public meetings is, that numbers constitute force-force, terror-terror, illegality.

A meeting called "to adopt preparatory measures for holding a national convention" is an illegal meeting, Rex v. Furzey, 6 C. & P. 81.

Some kinds of sedition may be of so aggravated a kind as to verge on treason, and come within the scope of 25 E. 3, as a levying of war, and an attempt by intimidation and violence to alter established institutions and remove grievances.

By 57 G. 3, c. 19, s. 23, it is unlawful to convene any meeting of exceeding fifty persons in any street, square, or open place in Westminster or Middlesex, within one mile from the gate of Westminster Hall (except in St. Paul's, Covent Garden, and parish meetings in St. John's and St. Margaret's), for the purpose of petitioning the queen or either house of parliament for alterations in matters of church and state, on any day in which parliament is sitting, or when any of the judges sit in the courts of Westminster Hall. See Libel, Conspiracy, and Riot.

CHAPTER VII.

Offences against Public Justice.

Or the offences under this head, some are felonious, others are only misdemeanors. We shall begin with the minor delinquencies.

I. RESCUES AND ESCAPES.

Rescue is forcibly and knowingly freeing another from an arrest or imprisonment, and generally renders the rescuer an accomplice in the crime. Thus, a rescue in treason, is treason; in felony, is felony; and in misdemeanor, a misdemeanor. To rescue, or attempt to rescue, any person committed for murder, or on his way to execution, was punishable with death; but the punishment is mitigated, by 1 V. c. 91, to penal servitude for life, or ten years, or imprisonment for two years.

By 26 G. 2, c. 31, to convey to any prisoner in custody for treason or felony, any arms, disguise, or instrument or in any way to assist his escape, without the knowledge of the gaoler, though no escape be attempted, subjects the offender to transportation for seven years; or, if the prisoner be in custody for an inferior offence, or charged with a debt of £100, it is then a misdemeanor, punishable with fine and imprisonment.

This act does not extend to cases where an actual escape is made, but is confined to cases of an attempt; and, by 4 G. 4, c. 64, the act itself is repealed, so far as it relates to gaols and houses of correction. The latter act is repealed by 28 & 29 V. c. 126, which provides that if any person shall be concerned in conveying into any prison any mask, vizor, or other disguise or instrument to facilitate the escape of a prisoner, or shall in any way aid an escape, whether an escape is effected or not, it is felony, and the offender may be sentenced to imprisonment with hard labour.

By 52 G. 3, c. 156, persons aiding the escape of prisoners of war are liable to transportion or penal servitude.

An escape of a person arrested upon criminal process, by eluding the vigilance of his keepers before actual imprisonment, is punishable by a fine or imprisonment. Officers, also, who, after an arrest, negligently permit a felon to escape, are punishable by fine; but voluntarily suffering an escape, renders them participators in the crime for which the felon was in custody, whether treason, felony, or trespass.

Private individuals, who have persons lawfully in their custody, are guilty of an escape, if they suffer them illegally to depart; but they may protect themselves from liability, by delivering over