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punishable with penal servitude limited to five years (u). If after previous conviction for either of the misdemeanors mentioned in sects. 9 and 10, or any felony relating to the coin, the crime is a felony, and may be punished with penal servitude to the extent of life (v). If the coin is the Queen's copper coin the limit of the punishment is imprisonment for one year (w). Having in possession without lawful excuse more than five pieces of foreign counterfeit coin renders the possessor liable to a penalty on conviction before a justice (x).

tools.

I. Making, &c., Coining Tools.-Knowingly and with- Making, &c., out lawful authority, &c., making or mending, buying or selling, or having in custody or possession any coining instrument or apparatus adapted and intended to make any gold or silver coin or foreign coin, is a felony punishable with penal servitude for life (y). If the instruments, &c., are designed for coining the Queen's copper coin, the limit of the penal servitude is seven years (z).

Conveying out of the Mint, without lawful authority, &c., any coining instrument, or any coin, bullion, metal, or mixture of metals, is a felony punishable with penal servitude for life (a).

coin is

If in any case coin is suspected to be diminished or Trial whether counterfeited, it may be cut, bent, &c., by any person diminished or to whom it is tendered; the loss to fall on the deliverer counterfeit. if the coin is found to be counterfeit or unreasonably diminished; on the person to whom tendered, if found correct (b).

Provision is also made for the seizure by

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any one finding them of counterfeit coin or tools; for
the search for the same; and for their ultimate delivery
to the officers of the Mint or other persons duly autho-
rized to receive them (c).

Treasure trove.

Other offences against the government

CONCEALMENT OF TREASURE TROVE.

Treasure trove, that is, treasure found hid in (not upon) the earth, belongs to the sovereign or his grantees. The offence of concealing it was formerly punishable by death; now by fine and imprisonment (d).

A variety of other offences affecting the sovereign and government, and thence called contempts or high and sovereign. misdemeanors, might be noticed, but it will suffice here merely to mention them, referring for a fuller notice to Blackstone's Commentaries. Contempts against the sovereign's title, as the denial of his right to the crown; against his person and government, as drinking to the pious memory of a traitor; against his prerogative, as by disobeying his lawful commands; against his palaces or courts of justice, as by fighting in either; maladministration of high offices; embezzling the public money; selling public offices. These are generally punishable by fine and imprisonment, but are rarely made the subject of indictment, unless they fall within the province of some other crime.

Præmunire.

The subject of Præmunire may also be dismissed very summarily. The offence originally consisted in introducing a foreign power into the land, through obeying papal bulls and processes. The punishment for this was considered something terrible, the offender being put out of the king's laws and protection, his lands and goods forfeited, and himself imprisoned during the king's pleasure. These penalties of præmunire were

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afterwards by different statutes applied to other great offences, some having no connection with the original crime, for example, to restrain the importation or making of gunpowder (e). But, some of the statutes having become obsolete and others having been repealed, prosecutions of this nature are never now heard of. The reader will find a discursive treatment of the subject in Blackstone, or his modern editors (ƒ).

(e) 16 Car. 1, c. 21.

(f) 4 Bl. 103; 4 St. Bl. 181.

Grounds on which the

offences against religion.

CHAPTER III.

OFFENCES AGAINST RELIGION.

ON what grounds does the state arrogate to itself the state punishes right of punishing offences against Religion? Certainly not as the minister of God. The state has observed that certain acts or courses of conduct, which are forbidden by religion, are also productive of disorder and mischief to the community. It has therefore provided for the punishment of those that offend, not in consequence of the breach of the law of God, but as the result of the breach of the law of the country. That the state does not consider itself under an obligation to enforce the law of morality, as such, is obvious from the fact that mere lying and other acts of immorality are not within the pale of the criminal law. This violation of human law is the true ground of interference, though in some of the offences we shall notice it is impossible to shut our eyes to the fact that in early times the legislators did to some extent consider themselves authorized to punish mere irreligion.

Apostacy.

APOSTACY-BLASPHEMY.

Apostacy, or the total renunciation of Christianity, was for a long period punished by the ecclesiastical courts only, at one time the punishment they awarded being death. Later, however, the civil power thought it necessary to interfere, "by not admitting those miscreants to the privilege of society who maintained such principles as destroyed all moral obligations" (g)

(g) 4 Bl. 44.

It was provided that if any one educated in, or having made profession of, the Christian religion, by writing, printing, teaching, or advised speaking, maintains that there are more Gods than one, or denies the Christian religion to be true, or the Holy Scripture to be of divine authority, for the second offence, besides being incapable of bringing an action, or being guardian, executor, legatee, or grantee, must suffer imprisonment for three years without bail (h). There shall be no prosecution for such words spoken, unless information of such words be given on oath before a justice within four days after they are spoken, and the prosecution be within three months after such information (). The offender is to be discharged, if, within four months after his first conviction, he renounces his error (j).

Blasphemy is also punishable at common law by fine Blasphemy. and imprisonment. Christianity, as it is said, is a part of the law of England, and a gross outrage against it is to be punished by the state. The offences include not only the blasphemous libels by one who has been attached to the Christian religion and has apostatized, as to which we have seen particular provisions have been made, but also denying, whether orally or by writing, the being or providence of the Almighty, contumelious reproaches of our Lord and Saviour Christ, profane scoffing at the Holy Scriptures, or exposing any part thereof to contempt or ridicule (k). The libel, to be blasphemous, must consist not in an honest denial of the truths of the Christian religion, but in a wilful intention to pervert, insult, and mislead others by means of licentious and contumelious abuse applied to sacred subjects (1). But the disputes of learned men upon

(h) 9 & 10 Wm. 3, c. 32, s. 1; in the Revised Statutes, c. 35.

(i) Ibid. s. 2.

(j) Ibid. s. 3.

(k) v. 3 Russ. 193.

(1) Reg. v. Ramsay, 48 L. T. N. S. 73.

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