subjects. Within one year of obtaining their majority such children may make a declaration of alienage. (ƒ)

A person naturalized under either Act may make a subsequent declaration of alienage if a subject of a State with which a convention has been made to that effect, when he ceases to be a British subject. (g)

(3) The wife of a British subject is herself a British subject,

and the wife of an alien an alien. But where the husband ceases to be a British subject, the wife may make a declaration retaining her British nationality. (h) (4) Any persons naturalized by Act of Parliament. Persons born within the King's dominions or allegiance, or on a British ship, if at the time of his birth or during minority he became also a subject of a foreign state, and not being under any disability, may divest himself of his British nationality by a declaration made under the provisions of the British Nationality and Status of Aliens Act, 1914. And under the same Act, persons who though born out of the King's dominions are British subjects, may (if not under disability) make a similar declaration without any such condition as to foreign nationality. (i)

Under the same Act a British subject who becomes a naturalized subject of a foreign state, thereby divests himself of his British nationality. (k)

He cannot, however, by becoming a naturalized subject of an enemy's country, in time of war, divest himself of the

(f) 4 & 5 Geo. V. c. 17, s. 5 (1). Under the Naturalization Act, 1870, s. 10 (2), (4), the child of parents whose father or widowed mother was readmitted to British nationality or became a naturalized British subject (provided the child was an infant at the time of naturalization, and afterwards became resident with its parents in the United Kingdom) became a British subject. This provision (semble) still applies to a child of persons naturalized before the 7th August, 1914.

(g) 33 & 34 Vict. c. 14, ss. 3, 7; 4 & 5 Geo. V. c. 17, s. 15. (h) 4 & 5 Geo. V. c. 17, s. 10.

(i) 4 & 5 Geo. V. c. 17, s. 14 (1), (2). Previously to this enactment similar declarations by persons born in the British dominions could be made under s. 4 of the Naturalization Act, 1870.

(k) 4 & 5 Geo. V. c. 17, s. 13. Where a person ceases to be a British subject, his children also being minors cease to be British subjects, unless they do not become by the law of another country naturalized in that country (ib. s. 12 (1)). And where a British subject ceases to be a British subject he is not thereby discharged from any obligation, duty, or liability in respect of acts done before he ceased to be a British subject (ib. s. 16).

duty of allegiance, so as to be able to commit acts of treason with impunity (R. v. Lynch (1903)). (m)

It was held in Calvin's case (n) that Scotchmen, born after the accession of James I. to the English throne, were citizens of both England and Scotland, and that Englishmen born after the same date were citizens of Scotland as well as of England.

Treason. The offence of treason arose originally out of the old feudal bond, and if committed by a person in allegiance in any part of the world (o) is punishable by the courts as soon as the offender comes within the jurisdiction. By the Treason Act, 1695, in the case of acts of tieason or misprision of treason, other than a design or attempt to assassinate the king, committed in England or Wales, an indictment must be found by a grand jury within three years after the commission of the offence. (p) But this provision does not, it seems, extend to treason committed outside the realm, or in Scotland, or Ireland.

The offences constituting treason were first statutorily defined by the Treason Act, 1351 (25 Ed. III., st. 5, c. 2), which still remains the basis of the law of treason. By this Act, as extended by subsequent Acts, (q) the following offences now constitute treason:

(1) Compassing or imagining the death of the king or

queen, or of the king's wife during the king's life, or of the king's eldest son and heir: also, it is said by Lord Coke, of the heir apparent, unless he be a collateral. This was subsequently extended by the Treason Act, 1795, to compassing or devising, etc., any bodily harm tending to death or destruction, maiming or wounding, imprisonment or restraint of the person of the king, his heirs and successors. (r)

(2) Levying war against the king in his realm; extended to cases of riot in Dammaree's case, 1710; but there must be, it seems, an insurrection accompanied by

(m) R. v. Lynch, [1903] 1 K. B. 444. (n) (1608) 2 St. Tri. 559. (0) For a case of treason committed outside the realm, see R. v. Lynch, supra.

(p) Treason Act, 1695 (7 & 8 Will. III. c. 3), ss. 5, 6.

(q) The principal of these are the Treason Act, 1795, 36 Geo. III. c. 7; and the 57 Geo. III. c. 6, repealed, but re-enacted in parts by the Treason Felony Act, 1848, 11 & 12 Vict. c. 12.

(r) 36 Geo. III. c. 7, s. 1.

force, and for an object of a public or general nature. (s) (R. v. Frost, 1839.)

(3) To adhere to the king's enemies, giving them aid and comfort in the realm or elsewhere.

(4) To violate the king's wife during his life, or the wife of his eldest son during coverture, or the king's eldest daughter, being unmarried.

(5) By the Treason Act, 1702, and the Succession to the Crown Act, 1707, (t) it is treason to endeavour to deprive or hinder the person next in succession under the Acts regulating the succession to the Crown, from succeeding to the Crown; or maliciously and advisedly to affirm in writing or printing that any other person has any right to the Crown otherwise than according to the Bill of Rights, 1688, the Act of Settlement, 1700, and the Union with Scotland Act, 1706. Three other offences were also declared to be treason by the Act of Ed. III., but these may now be treated as felony or murder simply. (u) These were: (1) To counterfeit the Great Seal, Privy Seal, or coin of the realm; (2) to issue false money; (3) to kill the Chancellor, Treasurer, or any of the king's justices in the execution of their office.

The penalty of drawing and quartering, together with forfeiture (except on outlawry), having been abolished by the Forfeiture Act, 1870, the punishment for treason is hanging; but the sovereign may direct decapitation in place of hanging, by order under the sign manual countersigned by a Secretary of State. (x) There are no accessories in treason before or after the fact, all such persons being principals. (y) The oath of two witnesses is required before proceedings can be commenced. By the Treason Felony Act, 1848, the following offences constitute treason felony (z):

(8) Dammaree's case, 1710 (15 St. Tri. 521); R. v. Frost (1839), 9 C & P. 129; 3 Co. Inst. 9, 10.

(t) 1 Ann., stat. 2, c. 17, Ruff.; 6 Ann. c. 7, Ruff.

(u) 24 & 25 Vict. cc. 98, 99, 100.

(x) See the Treason Acts, 1790 and 1814 (30 Geo. III. c. 48, s. 1; 54 Geo. III. c. 146, s. 1); the Forfeiture Act, 1870 (33 & 34 Vict. c. 23, s. 31); and as to decapitation, the Treason Act, 1814, s. 2.

(y) 3 Co. Inst. 138.

(2) 11 & 12 Vict. c. 12. The penalty is penal servitude for life, or any period not less than three years, or imprisonment with or without hard labour for a term not exceeding two years (ib. s. 3; 54 & 55 Vict. c. 69, s. 1).

(1) Compassing or devising, etc., to depose the sovereign, his heirs and successors.

(2) Levying war against the sovereign in the United Kingdom or without, in order to make him change his

counsels, or to intimidate or overawe either House of Parliament.

(3) Inciting foreigners to invade the realm or any of the king's dominions.

Misprision of treason is the bare concealment or keeping secret of any high treason, (a) and in order to constitute the offence there must be a knowledge both of the persons as well as of the treason itself. To avoid the guilt of misprision of treason, disclosure of the treason must be made to some magistrate or person in authority. (b) Conviction, for which the oath of two witnesses is required, entails imprisonment for life or outlawry.

The offences which constituted petty treason under the Treason Act, 1351, are now by the Offences Against the Person Act, 1861, to be treated as murder simply.

The Civil List.-In return for the surrender to the nation of the hereditary revenues of the Crown in the manner previously stated, (c) provision is made for the king's civil list by the Civil List Act, 1910, (d) as follows: There is to be paid for the king's civil list during the present reign and six months after the yearly sum of £470,000, and in the event of Queen Mary surviving the King, an annuity of £70,000 is to be paid to her during her life. Provision is also made for the future Princess of Wales in the event of the marriage of the Prince of Wales, and a trust fund is created for the benefit of the King's other children. (e)

(a) 1 & 2 Phil. & Mar. c. 10, s. 8. (b) See 1 East, P. C. 139, 140, (c) See ante, p. 112. (d) 10 Ed. VII. and 1 Geo. V. c. 28. (e) The Princess of Wales is to receive an annuity of £10,000 during the continuation of her marriage, and in the event of her surviving the Prince of Wales, an annuity of £30,000 during life. In respect of each son of the king who attains twenty-one years, there is to be paid to trustees provided by the Act, the annual sum of £10,000, and in respect of each son who marries, £15,000. In respect of each of the king's daughters who attains twenty-one years or marries, there is to be paid to the trustees the annual sum of £6000. But these sums are to cease to be payable on death (10 Ed. VII. and 1 Geo. V. ss. 4, 5).

The application of the sum paid for the civil list is provided

for as follows:

£

1. Their Majesties' Privy Purse...

110,000

2. Salaries of his Majesty's household and retired allowances 3. Expenses of his Majesty's household

125,800

193,000

4. Works

...

5. Royal bounty, alms, and special services

20,000

13,200

6. Unappropriated...

...

8,000

£470,000

The Royal Family. For the purposes of the Royal Marriage Act, 1772 (12 Geo. III, c. 11), the royal family is now composed of His Majesty King George V. and his descendants, together with the descendants of the following persons: (1) The late King Edward VII.; (2) Queen Victoria; (3) the first Duke of Cambridge, seventh son of George III., and uncle of Queen Victoria; (4) the first Duke of Cumberland, fifth son of George III., and King of Hanover.

The sovereign is bound by the ordinary law as regards marriage and divorce.

Under the Crown Private Estates Acts, 1800, and 1862, he may freely dispose of, and devise or bequeath his private. property how he pleases, (f) and his representatives are free from the obligation of taking out probate of his will. (g) The Crown's private estates are subject to parliamentary and parochial rates and taxes as the property of the subject, and these are to be paid out of the privy purse. (h) The position of a queen regnant is the same in all respects as that of a king.(i) The eldest son of the king inherits the title of Duke of Cornwall, the duchy having originally been conferred upon the Black Prince and his heirs, being the eldest son of the king of England, by Edward III. in 1337. The title of Prince of Wales was originated by Edward I., who, upon the conquest of Wales in 1284, conferred it upon his second son Edward, (k) subsequently Edward II. Since then it has been customary to confer the title of Prince of Wales and Earl of Chester

(f) 39 & 40 Geo. III. c. 88; 25 & 26 Vict. c. 37.

upon

the

(g) 25 & 26 Vict. c. 37.

(h) Crown Private Estates Act, 1862, ss. 8, 9.

(i) See 1 Mary, st. 3, c. 1. By the Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 30, the mention of the king in statutes includes the queen regnant. (k) See Hume's Hist. of Eng., ii. 243.