But the Laws with refpect to Treafon, were uncommonly fevere in this reign.By 33 Hen. VIII. If a man, non compos mentis, commit High Treafon, and after accufation, &c. become mad, he might be tried in his absence, and suffer death as if he were of perfect memory. And by the fame Stat. If a man attainted of Treafon become mad, he was executed notwithstanding.

By the 1 Edw. VI. chap. 12. To endeavour to depose the king, or to affirm, that he is an Ufurper, Tyrant, &c. was declared Treafon.

But thefe acts were repealed by the 1ft Mar. Seff. chap. 1. By which it was enacted, that no act, deed, or offence shall be deemed or adjudged Treafon, but fuch as are declared and expreffed to be fo by the 25 Edw. III.

The ift Mar. likewife takes away the power of the king, and parliament, to adjudge any thing elfe to be Treafon than what is declared to be fuch by the 25th Edw. III.

Nevertheless, the 1ft Mar. has been in fome measure repealed, and many offences have been declared Treafon by fubfequent Statutes, which were not fo before, as has been shewn above. Upwards of twenty of fences have, fince that time, been declared Treafon, which were not fo by the Stat. Edw. III. and, in truth, the greatest part of thefe offences require a forced and unnatural conftruction to bring them under the crime of Treason.

So likewise do many of the offences made Treason by 25 Edw. III. as before obferved; particularly that relating to the coin; and it does not appear that counterfeiting the coin was Treafon at the Common Law, though by the preamble to the Statute of Edw. III. all the offences therein specified, are declared to have been treasonable at the Common Law.

We read in Malmsbury, that, by a Law of Hen. I. falfifiers of money were adjudged to lose their right hands, in the words of the Law, pugnum perdere. Hoveden tells us, that falfifying of money was punished with the

lofs

lofs of eyes and genitals. But Gemitifenfis, and the Monk who made the continuation of Florence of Worcester, agree with Malmfbury, that the offenders loft their right hands; adding, however, that they likewife incur red the lofs of genitals; that he, as Selden observes, who was guilty of fuch a wicked crime, should have no hope left him of pofterity.

From hence we may conclude, that in those times it was not treasonable; and in farther fupport of this conclufion we may add, that Fleta does not rank the counterfeiting the Seal, or the Coin, among the crimina læfæ majeftatis, but among the crimina falfi.

We do not find, that, by the Laws of any antient kingdom, this offence was adjudged treasonable; though it must be owned, that it was punished capitally in Egypt; and likewife by the Athenian Laws, all counterfeiters, debafers, and diminishers of the current Coin, were doomed to lose their lives.

But

But in England, clergy was formerly denied only in fuch Treasons as were imme diately against the king's perfon; and therefore clergy was allowed in cafe of counterfeiting the Great Seal.

Having made thefe obfervations on the judgment in High Treafon, it remains to confider the forfeiture in High Treason, implied by that judgment.

SECT. VII.

Of Forfeiture in High Treafon.

IN

the judgment in cafe of High Treafon, it is implied, I. That the delinquent shall forfeit to the king all his lands, tenements and hereditaments in fee fimple. or fee tail (or for life, as to the profits, during the offender's life) which he had at: the time of the Treafon committed, or afterwards. 2. That his wife fhall lofe her dower, not her jointure. 3. That his blood shall be corrupted, by becoming base

as

1

1

as to his birth, and that his children shall not inherit to him or any of his ancestors. 4. That all his goods and chattels fhall be forfeited from the time of conviction.

SECT. VIII.

Reflections on Forfeiture in High Treafon.

HO

OWEVER these grievous Forfeitures appear to be repugnant to the principles of moral juftice and equity, as they involve the innocent in the fevere fate of the guilty; yet they have been juftified on the footing of policy, as the most effectual means of reftraining delinquents from difturbing the peace, or prejudicing the interefts of fociety.

It is true, indeed, that many of daring and defperate minds, who are totally regardless of their own fafety and welfare, when under the influence of any violent paffion,

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