[By 57 G. 3, c. 19, s. 25, all societies, the members whereof shall be required to take any oath or engagement which shall be unlawful within the 37 G. 3, c. 123, or the 52 G. 3, c. 104, or to take any oath not required or authorized by law, &c., are to be deemed guilty of an unlawful combination within the stat. 39 G. 3, c. 79. See R. v. Dixon, 6 C. & P. 501.]

Indictment for administering an unlawful Oath.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that J. S., late of the parish of B., in the county of M., labourer, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, at the parish aforesaid, in the county aforesaid, did feloniously and unlawfully administer and cause to be administered unto one J. N. a certain oath and engagement, purporting, and then and there intended, to bind the said J. N. not to inform or give evidence. against any associate, confederate, or other person of and belonging to a certain unlawful association and confederacy; and which said oath and engagement was then and there taken by the said J. N.; 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. If the offence have been committed on the high seas, or out of the realm, the venue may be laid in any county in England. 37 G. 3, c. 123, s. 6.

Felony, transportation for seven years. 37 G. 3, c. 123, s. 1.

The offence of administering or taking unlawful oaths is not triable at any quarter sessions. 5 & 6 Vict. c. 38, s. 1, (ante p. 69).

It is not necessary to set out the words of the oath; stating the purport, or some material part of it, is all that is required. 37 G. 3, c. 123, s. 4. The oath described by the statute must purport or be intended to bind the party taking it to one or other of the following things:-viz. 1. To engage in some mutinous or seditious purpose; 2. To disturb the public peace; 3. To be of some association, society, or confederacy formed for any such purpose; 4. To obey the orders or commands of a committee or body of men not lawfully constituted, or of a leader or commander or other person not having authority by law for that purpose; 5. Not to inform or give evidence against any associate, confederate, or other person; 6. Not to reveal or discover any unlawful combination or confederacy; 7. Not to reveal or discover any illegal act done, or to be done; 8. Not to reveal or discover any illegal oath or engagement which "may have been administered or tendered to or taken by such person or persons, or to or by any other person or persons, or the inport of any such oath or engagement. 37 G. 3, c. 123, s. 37 G. 3, c. 123, s. 1. If the purport of the oath be doubtful, you should set it out in different ways in

[ *537 ] several *counts, taking care to bring it within some of the desSee R. v. Moors, 6 East, 419,

n. (a).

criptions above mentioned.

Evidence.

Prove that J. S. administered to J. N. an oath or engagement (it is no matter in what form, 37 G. 3, c. 123, s. 5; see R. v. Loveless, 1 M. & Rob. 349; 6 C. & P. 596) of the purport stated in some one count in the indictment. If read from a paper at the time it was administered, still it is not necessary to produce such paper, or give the defendant notice to produce it; but parol evidence of its purport, without such notice will be sufficient. R. v. Moors, 6 East, 421. So, parol evidence of any declarations made by the defendant at the time he administered the oath, will be received in proof of the nature of the oath, if that do not sufficiently appear from the words of the oath itself. Id. And where it appeared that an oath was unlawfully administered by an associated body of men, purporting to bind the party not to reveal such unlawful combination or conspiracy, or any illegal act done by them, the judges seemed to have no doubt of its being a felony within this act, although it appeared that the object of the association was a conspiracy to raise wages and make regulations in a particular trade, and not to stir up mutiny or sedition. R. v. Marks, 3 East, 157: see R. v. Ball, 6 C. & P. 563: R. v. Broadribb, Id. 571.

An association, the members of which are bound by oath not to disclose its secrets, is an unlawful combination and confederacy, (unless expressly declared by some statute to be legal), for whatever purpose or object it may be formed; and the administering an oath not to reveal anything done in such an association is an offence within the statute 37 G. 3, c. 123, s. 1. R. v. Loveless, 1 M. & Rob. 349; 6 C. & P.

596.

Indictment for taking such an Oath.

Commencement as ante, p. 536]-in the county aforesaid, did feloniously and unlawfully take a certain oath and engagement, purporting [&c. as in the last precedent]: he the said J. S. not being then and there compelled to take the said oath and engagement; 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.

See the last precedent.

Felony. 37 G. 3, c. 123, s. 1. As to the evidence, vide supra. It is not necessary to prove that any person administered the oath. 37 G. 3, c. 123, s. 5. 123, s. 5. Nor is it necessary for the prosecutor to prove that the defendant was not compelled to

take the oath; compulsion is matter of excuse, and must come in evidence from the other side. And in order to make it a legal excuse, the defendant must prove that he disclosed the whole affair upon oath to a magistrate (or, if a soldier or seaman, to his commanding officer) within four days after, unless prevented by actual force or sickness, and then within four days after such force and sickness ceased. Id. s. 2.

*OATHS TO COMMIT TREASON OR FELONY. [ *53S ]

Statute.

53 G. 3, c. 104, s. 1.]--Whereas an act passed in the thirty-seventh year of the reign of his present Majesty, intituled "An Act for more effectually preventing the administering or taking of Unlawful Oaths;" and whereas it is expedient that more effectual provisions should be made as to certain oaths; be it therefore enacted, that every person who shall, in any manner or form whatsoever, administer, or cause to be administered, or be aiding or assisting at the administering of any oath or engagement, purporting or intending to bind the person taking the same to commit any treason or murder, or any felony punishable by law with death, shall on conviction thereof by due course of law, be adjudged guilty of felony, and suffer death as a felon, without benefit of clergy; and every person who shall take any such oath or engagement, not being compelled thereto, shall, on conviction thereof by due course of law, be adjudged guilty of felony, and shall be transported as a felon for the term of his natural life, or for such term of years as the court before which the said offender or offenders shall be tried shall adjudge.

Sect. 7-Venue]-Provides and enacts, that any offence committed against this act on the high seas, or out of this realm, or within that part of Great Britain called England, shall and may be prosecuted, tried, and determined before any court of oyer and terminer, or gaol delivery for any county in that part of Great Britain called England, in such manner and form as if such offence had been therein committed; and, if committed in that part of Great Britain called Scotland, shall and may be prosecuted, tried, and determined, either before the justiciary court at Edinburgh, or in any of the circuit courts in that part of the united kingdom.

7 W. 4 & 1 Vict. c. 91, s. 1—Commutation of Punishment]—Recites (inter alia) the 52 G. 3, c. 104, s. 1, so far as it relates to the administering the oaths therein mentioned, and enacts, that if any person shall, after the commencement of this act, be convicted of any of the

offences hereinbefore mentioned, such person shall not suffer death, or have sentence of death awarded against him or her for the same, but shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years.

Sect. 2-Place and Mode of Imprisonment.]—(Ante, p. 468).

Indictment for administering.

Commencement as ante, p. 536]-a certain oath and engage[ *539 ] *ment purporting and then and there intended to bind the said J. N. to commit high treason [or, to commit murder, that is to say, feloniously and of his malice aforethought, to kill and murder one A. B., or, to commit a certain felony punishable by law with death, that is to say, feloniously to set fire to a certain dwelling-house of one A. B., the said A. B. being therein]: and which said oath and engagement was then and there taken by the said J. N.; 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.

Felony, 52 G. 3, c. 104, s. 1, transportation for life or not less than fifteen years, or imprisonment for not more than three years, 7 W. 4 & 1 Vict. c. 91, s. 1, with or without hard labour, and with or without solitary confinement, such confinement not exceeding one month at any one time, nor three months in any one year. Id. s. 2. Taking such an oath, felony, transportation for life or for such term as the court shall adjudge. Ib. As to the evidence, see the proofs under the precedent, ante, p. 537. If the offence be committed on the high seas, or out of the realm, the venue may be laid in any county. 52 G. 3, c. 104, s. 7.

SECT. 5.

INCITING TO MUTINY.

Statute.

37 G. 3, c. 70, s. 1.]-Whereas divers wicked and evil-disposed persons, by the publication of written and printed papers, and by malicious and advised speaking, have of late industriously endeavoured to seduce persons serving in his Majesty's forces by sea and land from their duty and allegiance to his Majesty, and to incite them to mutiny and diso

bedience; be it enacted, that any person who shall maliciously and advisedly endeavour to seduce any person or persons serving in his Majesty's forces by sea or land from his or their duty and allegiance to his Majesty, or to incite or stir up any such person or persons to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall, on being legally convicted of such offence, be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy.

Sect. 2]-Provides and enacts, that any offence committed against this act, whether committed on the high seas or within that part of Great Britain called England, shall and may be prosecuted and tried before any court of oyer and terminer or gaol delivery, for any county in that part of Great Britain called England, in such manner and form as if the said offence had been therein committed.

7 W. 4 & 1 Vict. c. 91, s. 1]—Recites (inter alia) the 37 G. 3, c. 70, s. 1; and enacts, that if any person shall, after the commencement of this act, be convicted of any of the offences hereinbefore *mentioned, such person shall not suffer death, or have sen- [ #540 ] tence of death awarded against him or her for the same, but

shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years.

Sect. 2-Place and Mode of Imprisonment.]—(Ante, p. 468).

Indictment for endeavouring to seduce a Soldier from his Allegiance.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that J. S., late of the parish of B., in the county of M., labourer, being a wicked and evil-disposed person, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, feloniously, maliciously, and advisedly, did endeavour to seduce one J. N. (he the said J. N. then and there being a person serving in her Majesty's forces by land) from his duty and allegiance to her said Majesty; he the said J. S., at the time he so endeavoured to seduce the said J. N. from his duty and allegiance as aforesaid, well knowing that the said J. N. was then and there a person serving in her said Majesty's forces by land; 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. The venue may be laid in any county. 37 G. 3, c. 70. 8. 2.