Originally the notion of high treason was very vague. | charged with felony under that Act, should amount in The first intelligible definition of it was given by the law to treason, such indictments should nevertheless not Statute of Treasons (25 Edw. III. st. 5, c. 2), which is be deemed void, erroneous, or defective, nor should such still the chief law on the subject. The following acts person be entitled to be acquitted of such felony; but no are treasons according to this statute: -Compassing the person tried for the felony should afterwards be prosedeath of a king (which term includes a queen regnant), cuted for treason upon the same facts. or of his queen, or their eldest son and heir; violating the king's companion (that is, his wife), during the marriage, or the king's eldest daughter unmarried; or the wife of the king's eldest son and heir; levying war against the king in his realm, and being adherent to the king's enemies in his realm, giving them aid and comfort in the realm or elsewhere, and being thereof attainted of open deed; or slaying the chancellor, treasurer, or the king's justices of the one bench or the other; justices in eyre or justices of assize, or any other justices assigned to hear and determine in their places during their offices. The words of this statute, 'compassing and imagining,' were by the interpretation of the courts made to coinprehend cases to which the words do not directly apply, and this was called 'constructive treason.'

It was provided, however, by the fourth section of this statute that no person should be prosecuted for any felony by virtue thereof in respect of any compassings, imaginations, inventions, devices, or intentions, in so far as the same are expressed, uttered, or declared, by open and advised speaking only, unless information thereof, and of the words by which the same were expressed, uttered, or declared, be given on oath to one or more justice or justices of the peace, within six days after they have been spoken, and unless a warrant for the apprehension of the person by whom they have been spoken be issued within ten days after such information should have been given as aforesaid, and unless such warrant should be issued within two years next after the passing of the Act; and that no person should be convicted thereof except upon his own confession in open court, or unless the words so spoken should be proved by two credible witnesses.

The clause in the Statute of Treasons which declares the offence of counterfeiting the king's coin to be high treason was repealed by the statute 2 Will. IV. c. 34; and the crime itself has been, by the 24 & 25 Vict. c. 99, divided into distinct classes of felonies and misdemeanors, with a graduated scale of punishments.

The following are also high treasons:- -Endeavouring to prevent the person next in succession to the crown, according to the Acts of Settlement, from succeeding thereto (1 Anne, st. 2, c. 17, s. 3). Affirming by writing or printing that any other person has a right to the crown otherwise than according to the Acts of Settlement and the Acts for the Union of England and Scotland, or that the crown, with the authority of Parliament, is unable to limit the descent of the crown (6 Anne, c. 7, s. 1). Being married to, or being concerned in procuring the marriage of any issue of her present Majesty, whilst such issue are under eighteen (in case the crown shall have descended to any such before that age), without the consent in writing of the regent, and the assent of both Houses of Parliament (3 & 4 Vict. c. 52, s. 4). Knowing any person to have committed any of the before-mentioned treasons, receiving, relieving, comforting, or assisting or aiding his escape from custody.

The doctrine of constructive treason having been brought into prominent notice and much discussed in the trials of Hardy, Horne Tooke, and others, in 1794, the statute 36 Geo. III. c. 7, was passed with a view of superseding the necessity of resorting to any such modes of interpretation for the future. This statute, which, although originally in force only for the life of Geo. III., was made perpetual by the statute 57 Geo. III. c. 6, enacted that if any person shall, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment, or restraint of the person of the king, or to deprive or depose him from the style, honour, or kingly name of the imperial crown of this realm, or of any other of his Majesty's dominions or countries, or to levy war against his Majesty within this realm, in order by force or constraint to compel him to change his measures or councils, or in order to put any force or constraint upon, or to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade this realm, or any other of his Majesty's dominions or countries under the obeisance of his Majesty; and such compassings, imaginations, inventions, devices, and intentions, or any of them, shall express, utter, or declare, by publishing and printing or writing, or by any overt act or deed, every such offender, being legally convicted upon the oath of two lawful and credible witnesses, shall be adjudged a traitor, and suffer, as in cases of high treason.' It was no doubt the intention of the legislature that this statute should put an end to all artificial constructions of the statute of Edward III.; nevertheless the practice of resorting to these forced interpretations has been continued, and TREASURE-TROVE, in legal Latin called thesaurus sanctioned by the judges in several subsequent prose-inventus, is a branch of the revenue of the crown of cutions for high treason. (Sixth Report of the Commissioners on Criminal Law,' p. 16.)

The forfeitures consequent upon conviction for high treason, and the judgment pronounced by the court, are stated in the article LAW, CRIMINAL.

By the Treaty of Union (1707) the treason law of England was extended to Scotland in all points, even in the forms of procedure.

England, and belongs to the king or his grantees. If coin, plate, or precious metals are found hidden in the However, by the 11 & 12 Vict. c. 12, entitled 'An earth or any private place, and the owner or person who Act for the better security of the Crown and Government deposited them is unknown, the property belongs to the of the United Kingdom,' it was enacted (repealing that king. But if the owner is known, or is ascertained after part of 57 Geo. III. c. 6), the person so offending should the treasure is found, the property belongs to him. By be guilty of felony, and on conviction should be liable, a constitution of Hadrian (Inst.' i., tit. i. s. 39), if a man at the discretion of the court, to be transported beyond found treasure (thesauri) in his own ground it belonged the seas for life, or for any term not less than seven to the finder, and also if he found it in a place which years, or to be imprisoned for any term not exceeding was sacer (sacred to the gods above), or religious (sacred two years, with or without hard labour, as the court to the Dii Manes). If a man found treasure accidentally should direct; provided always, that if the facts alleged in another man's ground, the constitution gave half to in the indictment or proved on the trial of any person the finder, and half to the owner of the ground. If he

found treasure in the ground of the emperor, the finder had half, and the emperor half; and the law was the same if the ground belonged to the fiscus, or to the Roman people, or to any civic community. The law of England adopts the Roman definition of treasure-trove of Paulus (Dig.' 41, tit. i. s. 31). 'Treasure (thesaurus) is an ancient deposit of money, of which there is no record so as to give it an owner: for thus it becomes his who has found it, because it does not belong to another;' and to entitle the crown to the property, it must appear to have been hidden or deposited by some one who at the time had the intention of reclaiming it. Whenever therefore the intention to abandon appears from the circumstances -as, for instance, where the property has been found in the sea, or in a pond or river, or even openly placed upon the surface of the earth-it belongs to the finder. In England the concealment of treasure-trove from the king was apparently formerly a capital offence; at present it is a misdemeanor punishable by fine and imprisonment.

The same law prevails in Scotland, but by an order in exchequer, 20th January, 1859, an offer of reward is made, equal in amount to the intrinsic value of the articles, on the same being delivered up to sheriffs for behoof of the crown.

secutions. The Boards of Customs, of Excise, of Stamps and Taxes, and the Post-office, are all subordinate to its authority, and the various officers in these departments are to a great extent appointed by the lords of the Treasury, who may be appealed to in all cases against decisions connected with the receipt of revenue.

The offices of the Treasury are in Whitehall. The amount paid in salaries of 1000l. and upwards, is about 30,000l. a year. The first lord receives 5000 a year; two secretaries 25007. each, and the assistant-secretary 20007.; the solicitor is paid 28501. a year; four commissioners 12007.; and other officers receive sums varying from 1000l. to 15007. each.

TREATY (from the French traité) means literally that which has been drawn up, or, in other words, arranged and agreed upon, by two or more parties, who are accordingly called the contracting parties.

Treaties relating particularly to individuals, such as the guaranteeing of the throne to a sovereign and his family, are known as personal treaties; while real treaties are those for national objects, independent of any change in the sovereignty, and these can only be made by sovereign powers, or by parties upon whom the sovereign power has conferred that right. In our constitution, for example, where the sovereign power consists of the king and the Parliament, the power of concluding treaties with foreign states generally belongs to the king, and is exercised by his ministers or those to whom he delegates the power. Should such ministers, however, conclude or advise treaties which shall be judged derogatory to the honour or disadvantageous to the welfare of the nation, they are liable to impeachment, a proceeding for which there are several precedents-chief among them being that of De la Pole, earl of Suffolk, in 1451, for making a convention of peace without the consent of the privy council; of Wolsey, in 1529, by the House of Lords, for making treaties without the king's knowledge; and of

TREASURY, a department of the British government which controls the management, collection, and expenditure of the public revenue. The function of payment has, ever since the Restoration, been completely separated from the custody of the public revenue, the former only being vested in the Treasury, while the latter belongs to the Exchequer; and it is the business of this department to take care that no issues of public money are made by the Treasury without their being in conformity with the authority specially enacted by Parliament. When money is to be paid on account of the public service, this is almost always done on the authority of a Treasury warrant; and in other cases the counter-the earl of Oxford, by the Commons, in 1701, for advising sign of the Treasury is requisite. The Treasury Board treaties for dividing the dominions of Spain. In the United consists of the prime minister, the chancellor of the States of America the power is exercised by the presiExchequer, and three junior lords, who usually have dent, with the advice and consent of the senate. No seats in Parliament, as have also the two joint secre- special form of words is necessary to insure the validity taries of the Treasury. Previous to the reign of George of a treaty, but it is usual to commit verbal agreeI. the head of the Treasury was called lord high treasurer, ments to writing as soon as possible. In warfare the but since that time his office and functions have been power of limiting hostilities by truces, capitulations, or executed by the lords commissioners. The prime minis- of making cartels for the exchange of prisoners, is recogter has the title of First Lord of the Treasury, but being nized as incidental to the positions of generals, admirals, the head of the administration, his duties are not limited &c., these not requiring the ratification of the supreme to that department, the business of which is chiefly authority, unless there be a reservation to that effect. conducted by other members of the board. The really Public ministers or other diplomatic agents are not effective head of the Treasury is the chancellor of the entitled to conclude or sign treaties with foreign powers Exchequer, who also holds a distinct office as under- to which they are accredited, without a full authority, treasurer, and has a responsible control over the various besides the general letter of credence. Even in the case branches of the service, and over all works involving of a treaty concluded with full powers, it is often in nnusual outlay in the naval, military, and civil depart- important cases considered expedient to have a special ments, either at home or in the colonial possessions. ratification by the sovereigns, or other proper authority He prepares every year an estimate of the national of the contracting states. expenses, and proposes the ways and means by which Treaties between nations for mutual commercial adthey are to be met; and submits this statement, known vantages have often been made, the best known of late as the Budget, to the House of Commons. Occasionally, years being that between England and France, in the the prime minister, when a member of the House of negotiation of which Richard Cobden took a very proCommons, has held at the same time the office of chan-minent part, and which has been productive of the cellor of the Exchequer. The really onerous duties of greatest benefit to both countries. This, however, is the board fall upon the secretaries, those performed by rather the exception. Such treaties, as a rule, are the junior lords being to a great extent formal.' cumbrous expedients for effecting what may generally All supplies for the various departments are issued be done better by the nation which has most to give and under the authority of the Treasury. The duties of the is able to take most, relaxing its own restrictive laws. board comprise the examination of the expenses of legal These engagements, too, are for the most part only to establishments, sheriffs, county courts, and criminal pro- be depended upon so long as they are for the advantage

The

whose obelisk-like forms resembled flames of fire; and, on that account, after the appearance of Zoroaster, they were planted around the sacred precincts of the Temple of Fire. Pausanias also mentions with admiration the grove round the Temple of Apollo at Grynion Æolis; and in the celebrated chorus of Sophocles the grove of Colonus is commemorated.

Jussieu, De Candolle, and others, trees are found in all taken particular species of trees under their protection. the principal classes. Thus amongst Exogens there are The mighty Zeus, or Jupiter, adopted the oak as the numerous examples, as the oak, elm, lime, &c.; amongst emblem of strength; Hercules, the poplar; Apollo, the Endogens the palms; and even amongst Acrogens the laurel; Venus, the myrtle; Minerva, the olive; Bacchus, tree-ferns. In the orders, trees, shrubs, and herbs the ivy and the vine; and Cybele, the pine tree. frequently occur together, and even in some genera. Greek historians have handed down to us many glowing Instances also occur of particular species being herbs in accounts of the sylvan beauties of the eastern climes. one country and shrubs in another, as the common Diodorus relates that Semiramis, the great Eastern mignionette. The division therefore of plants into trees, queen, caused her grounds and spacious gardens, at the shrubs, and herbs, though convenient for practical pur-foot of Mount Bagistanos, to be laid out with all the poses, and sanctioned by long usage, is not founded upon finest trees that Asia could produce; while the parks any essential difference in the character of the plants. of the Persian monarchs were adorned with cypresses For practical purposes trees are divided into several kinds. Standard trees, or standards, are those which are allowed to grow naturally to a great height without topping. Dwarf trees are those which are not allowed to have more than one or two feet of trunk, being kept thus low by taking off the primary bud and allowing the collateral buds to develop. Forest trees are those which are grown in large quantities for the purpose of affording timber. They have tall straight trunks and abundant foliage, and embrace all the large trees, as the oak, the beech, the elm, the pine, &c., that naturally grow together in masses. Fruit trees bear edible fruits of various kinds, and are cultivated in orchards and gardens, such as the apple, pear, plum, cherry, &c. Wall-trees are those whose branches are extended against walls. They are mostly fruit-bearing trees, as the peach, plum, apple, &c.; sometimes, however, for the sake of protection and ornament, trees whose fruit is valueless are planted against a wall.

From the earliest periods of antiquity, Trees, as the most majestic forms of vegetable creation, have constituted the wild grandeur of the forest, or the picturesque adornments of the landscape. Each portion of the earth, says Humboldt, has its peculiar beauty. To the tropics belong diversity and grandeur in the forms of plants. As in the Musacea we have the widest expansion, so in the Casuarina and the needletree we have the greatest contraction of the leaf-vessels. Firs, thuja, and cypresses constitute a northern flora, which is very uncommon in the plains of the tropics. Their ever-verdant green enlivens the dreary winter landscape, and proclaims to the inhabitants of the north, that even when snow and ice have covered the ground, the inner life of vegetation, like Promethean fire, is never extinguished on our planet.'

At as remote an epoch in the world's history as the Carboniferous period [GEOLOGY], trees made the glory and beauty of the landscape, and the earth was covered with luxuriant forests, in whose glades roamed the mighty monsters now known to us only by their fossil remains. The characteristic feature of these forests was their immense tree ferns, of a size and magnificence which it is almost impossible now to form any idea of, but cone-bearing trees also existed. The other principal coal-plants were Lepidodendron, Triginocarpum, Calamites, and Sigillaria. Some notion of their number and variety may be gathered from the fact that no less than 294 species have been discovered in the carboniferous rocks of Great Britain alone.

In all ages trees have called forth the enthusiasm of the poet and historian, the admiration of the artist, and the researches of the naturalist. In the earlier times umbrageous woods and groves, as sung by the poets, were resorted to as temples; and particular trees were supposed to be the residence of certain divinities. Thus in the venerable oak the Dryades and Hamadryades were presumed to be enshrined; and the gods are said to have

The magnitude and longevity of trees have ever been subjects of great interest to the naturalist, and more especially to the physiological botanist.

Under the article CALIFORNIA will be found some further particulars of the mammoth trees of the Sierra Nevada, which, for antiquity and size, surpass all the vegetable productions of the known world. These trees are evergreen and coniferous; and the one formerly exhibited at the Crystal Palace, Sydenham, but destroyed by fire in 1866, has been designated the Wellingtonia gigantea. It is related that in Tasmania flourishes a mammoth Eucalyptus, or Gum tree, standing at the foot of Mount Wellington, near Hobart Town, which is 84 feet in circumference at the base, or a diameter of about 28 feet, and its height has been estimated at 330 feet. But this is a mere pigmy,' says a contemporary writer, when compared to the forest monarchs which grow on the slopes of the Sierra Nevada, in California, about 5000 feet above the level of the sea. These Californian monsters are of the same genus, though perhaps not of the exact species, as the ancient cedars of Lebanon. The California grove is in about the same latitude, the same altitude above the sea, and has the same climate as those mighty forests of the mountains of Lebanon from which King Hiram supplied the timber for building Solomon's Temple. Of those Lebanon forests, only some half-dozen gnarled and shattered relics now remain, near the summit of that lofty range; while in California we have a grove of the most magnificent specimens, coeval with Solomon and David. There they have stood, and have continued to grow, while kingdoms, empires, and dynasties have risen and disappeared; and there they stand, the living patriarchs of 3000 years!'

Judging from the concentric rings or layers deposited by the sap, which furnish a good chronicle of the age of many trees, these giant productions of the vegetable creation appear to average from 3000 to 4000 years. Two of them would, therefore, span the entire period of historical time, from the days of Adam to the present period! The means by which the ages of trees are thus ascertained are either historical or botanical. In the first place we judge from ascertained data; and in the second, by the number of circular zones. In Exogenous trees (or those in which the woody matter is annually increased by additions to the outside) the stem generally presents a series of zones, and each zone has been usually found to correspond with one annual period of vegetation. [EXOGENS.] Hence, by counting the number of zones in the trunk of an exogenous tree,

from the centre pith to the outer bark, the botanist is enabled to estimate the number of years it has existed; as illustrated by the annexed diagram of the horizontal section of the trunk of an exogenous tree, at the end of the fifth year.

Horizontal Section and Zones of an Exogenous Tree.

In the above section are represented the central core, and the five zones or concentric rings of wood, with the bark, the cambium, and the medullary rays.

When the tree is sound there is little difficulty in counting the zones, and ascertaining its age. The plan adopted by Adanson, in calculating the vast ages of the Baobabs of Africa, was first to take a square inch, and count the zones contained therein; then to multiply the number of zones by the number of inches from the pith to the bark, which gave the entire number of zones, and the exact age of the tree. The same method is usually employed in calculating the ages of other gigantic trees; among which may be enumerated the following, with the periods of their respective ages:

Years old.

300

327

355

388

448

516

576

626 509, 640

720 800 900

530, 800, 825, 1076

1200 800, 860, 1000, 1600 1000, 2000 1214, 1466, 2588, 2880

.

Trees frequently attain a great age, of which several remarkable individual instances have been recorded. [AGE OF TREES.]

For further information on the subject of trees the reader should consult Loudon's Arboretum et Fruticetum Britannicum, and Selby's British Forest Trees.

TREFOIL. [TRIFOLIUM.]
TREFOIL, in Architecture, an ornament of three
cusps in a circle, like three-leaved clover; from the
Latin trifolium (tres, 'three,' and folium, 'a leaf').

TREGONY. [CORNWALL.]

TREMANDO, or TREMOLO, in Music, a direction for one of the graces of melodious expression, consisting

in the reiteration of a single note, or in a general shake of the whole chord. It is designated by the sign tr. TREMANDRA'CEE, a natural order of plants belonging to the syncarpous group of polypetalous Exogens. It consists of slender shrubs very much resembling heaths, and contains only two genera, Tetratheos and Tremandra.

TREMELLA. [TREMELLINI.]

TREMELLINI, the name of the last order of the cohort Hymenomycetes, in Fries' arrangement of the natural order Fungi. The type of this order is the Tremella, a genus constituted by Dillenius, and applied to a variety of forms of Fungi belonging to this group, but now arranged under other genera. They included all kinds of the lower forms of plants which possessed a gelatinous character; and as these exhibited a tremulous motion on being shaken, they received this name.

The plants of this order are known by their amorphous character, having a soft gelatinous appearance, and looking like gummy exudations of the substances ou which they grow.

T. fimbriata, Fringed Tremella, has a violet colour when young. If boiled in water it does not lose its shape or colour, but yields a deep brown infusion, which might be made useful in dyeing. T. mesenterica, Orange Tremella, or Yellow Nostoc, is known by its orangeyellow colour. It is one of the most common of the species, and is found all the year round on decaying branches and sticks, and on the stumps of trees. I. albida, Whitish Tremella, abounds on fallen trees. branches, &c., in winter and spring.

The genus Exidia possesses a gelatinous, homogeneous receptacle, covered above only with a papillate hymenium. Its most remarkable species is the Exidia Auriculs Juda, Jew's Ear, so named from its resemblance whilst growing to a human ear. Exidia glandulosa, Glandular Exidia or Witches' Butter, is an effused mass, thick and undulated, varying from a whitish-brown to a black colour. It is frequently found in autumn and winter of trunks and branches of trees, especially the ash.

The genus Dacrymyces, sometimes called Tear-mould, yields species which attack wrought wood, and produce what is called dry-rot. The D. moriformis, Mulberry Tear-mould, is of a rich deep purple colour, and grows on wrought wood in a clustered rounded form resembling a mulberry. The D. violaceus, Violet Tear-mould, is found on the trunks of pear and apple trees, and resembles very much the crust of port wine. D. stillatus, Common Tear-mould, has a yellowish orange colour, and occurs most frequently in the wood of firs.

There are three other genera belonging to the order -Næmatelia, Agyrium, and Hymenula-each of which has one species.

TRE MITI ISLANDS, a group of five small islands in the Adriatic, off the coast of Naples. They are separated by channels about half a mile wide, and the three largest are called San Domino, San Nicola, and Capperara, the others being mere uninhabited rocks. San Domino is between 5 and 6 miles in circumference, and is more accessible and more productive, especially of oil and fruit of various sorts. The best harbour in the group is on the coast of Capperara These islands were called by the ancients Diomedes, from a tradition that Diomedes was buried in one of them. The vast and splendid monastery and church built on the isle of San Nicola by the Augustinian monks in the fifteenth century, and surrounded by strong bastioned walls, now forms the fortress of Tremiti The fortifications were so strong as to enable the monks