bore more, and some less, relation to the original offence; and .some no relation at all. Most of these statutes have since been repealed; and it is therefore for the student to pursue this subject further if he shall see fit. It must be added here, however, that the penalties of præmunire are still incurred by any one who asserts, maliciously and advisedly, that both or either house of parliament have a legislative authority without the king; or that the king and parliament cannot make laws to limit the descent of the crown; or who sends any subject of this realm a prisoner into parts beyond the seas. The like penalty is incurred by the assembly of peers of Scotland, convened to elect their sixteen representatives in the British parliament, if they presume to treat of any other matter save only the election. Finally, the penalties of præmunire attach to all who knowingly and wilfully solemnize, assist, or are present at, any forbidden marriage of such of the descendants of the body of King George II. as are by law prohibited to contract matrimony without the consent of the crown.

These penalties of a præmunire are " that from the conviction, "the defendant shall be out of the king's protection, and his "lands and tenements, goods and chattels, forfeited to the king; "and that his body shall remain in prison at the king's pleasure :

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or, as other authorities have it, during life:" both amounting to the same thing; as the sovereign may remit the whole, or any part, of the punishment, i.e., except in the case of transgressing the statute of Habeas Corpus, by sending a subject of the realm a prisoner into parts beyond seas. The forfeitures here inflicted do not, by the way, bring this offence within the definition of felony; being inflicted by particular statutes, and not by the common law. But so odious was this offence of præmunire, that a man that was attainted of the same might have been slain without danger; to obviate which savage notion, the 5 Eliz. c. 1, provided, that it should not be lawful to kill any person attainted in a prœmunire, any law, statute, opinion, or exposition of law to the contrary notwithstanding. This statute was

repealed by 9 & 10 Vict. c. 59; but it can scarcely be suggested that a man convicted upon a præmunire is out of the pale of the law. He can bring no action, however, for any private injury; being so far out of its protection, that it will not guard his civil

rights, nor remedy any grievance which he as an individual may suffer. And no man, knowing him to be guilty, can safely give him comfort, aid, or relief.

In conclusion it may be observed, that prosecutions upon a præmunire are unknown. There is only one instance in the State Trials; in which case the penalties of a prœmunire were inflicted upon some persons, for refusing to take the oath of allegiance in the reign of Charles II. The crime may be considered obsolete; but the offence still remains a title in our criminal law.

CHAPTER IX.

OF MISPRISIONS AND CONTEMPTS AFFECTING THE SOVEREIGN

AND GOVERNMENT.

IV. MISPRISIONS, from the French, mespris, a contempt, are such high offences as are under the degree of capital, but border thereon. A misprision is therefore contained in every treason and felony whatsoever: and it is said that, if the crown so please, the offender may be proceeded against for the misprision only. Upon this principle, while the Star-chamber subsisted, it was held that the crown might remit a prosecution for treason and cause the delinquent to be censured in that court, merely for a high misdemeanor; as happened with the Earl of Rutland, in 43 Eliz., who was concerned in Essex's rebellion. Misprisions are either negative, consisting in the concealment of something which ought to be revealed; or positive, consisting in the commission of something which ought not to be done.

I. Of the first kind is misprision of treason: consisting in the bare knowledge and concealment of treason, without any degree of assent thereto for any assent makes the party a traitor. The punishment is loss of the profits of lands, during life, forfeiture of goods, and imprisonment during life.

Misprision of felony is the concealment of a felony which a man knows, but never assented to; for if he assent, he is either principal or accessory. The punishment is imprisonment and fine at the royal pleasure which royal pleasure must be stated,

once for all, not to signify any extra-judicial will of the sovereign, but such as is declared by his representatives, the judges in his courts of justice; voluntas regis in curia, non in camera.

Concealing treasure-trove is also a misprision, formerly punishable by death, but now only by fine and imprisonment.

II. Misprisions, which are positive, are denominated contempts or high misdmeanors: of which,

The first and principal is the mal-administration of such high officers as are in public employment. This is usually punished by parliamentary impeachment; wherein such penalties, short of death, are inflicted, as to the wisdom of the House of Lords shall seem proper. Hitherto also may be referred the offence of embezzling public money, which is felony and highly penal. Officers concerned in the receipt or management of the revenue, giving in false statements of money in their hands, are guilty of a misdemeanor.

Other misprisions are,

Secondly, Contempts against the prerogative: as, by refusing to assist the sovereign in his councils if called upon; or in his wars, by personal service against a rebellion or invasion. Under which may be ranked neglecting to join the posse comitatus, when duly required; or disobeying a statute where no particular penalty is assigned; for then it is punishable, like the rest of these contempts, by fine and imprisonment, at the discretion of the court.

Thirdly, Contempts against the royal person and government, by speaking or writing against him, giving out scandalous stories concerning him, or doing anything that may tend to lessen him in the esteem of his subjects; as to assert falsely that he labours under mental derangement, or to drink to the pious memory of a traitor. For this offence the delinquent may be fined and imprisoned.

Fourthly, Contempts against the sovereign's title, not amounting to treason or præmunire, which are the denial of his right to the crown in common and unadvised discourse, a heedless species of contempt which is punished with fine and imprisonment. A contempt of this kind may also arise from refusing or neglecting to take the proper oaths; and yet acting in a public

office or place of trust, for which these oaths are required to be taken. This is so common, that an act of indemnity is passed annually, to relieve all such persons as have innocently omitted to do so.

Lastly, Contempts against the royal palaces or courts of justice, which are high misprisions; striking in the superior courts of justice, or at the assizes, being still more penal than even in the royal palace. This offence was at one time punishable with the loss of the right hand, imprisonment for life, and forfeiture of goods and chattels, and of the profits of the delinquent's lands during life; but can not now be so dealt with. A rescue of a prisoner comes under this head, being a high contempt, punishable by a fine and imprisonment at the discretion of the court.

Not only such as are guilty of actual violence, but those who use threatening or reproachful words to a judge sitting in court, are guilty of a high misprision. Likewise all such as are guilty of any injurious treatment of those who are immediately under the protection of a court of justice, are punishable by fine and imprisonment: as if a man assaults or threatens his adversary for suing him, a counsellor or solicitor for being employed against him, a juror for his verdict, or endeavours to dissuade a witness from giving evidence.

CHAPTER X.

OF OFFENCES AGAINST PUBLIC JUSTICE.

THE offences to be next considered, those namely which more especially affect the commonwealth, or public polity of the kingdom, may be classed under five heads: viz., as against 1. public justice, 2. the public peace, 3. public trade, 4. the public health, and 5. the public police or economy.

Offences against public justice, are some of them felonious, others only misdemeanors.

1. Embezzling or vacating records, or falsifying the proceedings of a court of justice, is a felonious and highly penal offence; for no man's property would be safe, if records might be sup

pressed or falsified or persons' names be falsely usurped in courts, or before their public officers.

2. Obstructing the execution of process is at all times an offence of a very serious nature; but more particularly so when it is an obstruction of an arrest upon criminal process. Any resistance or obstruction to, or assault committed upon, a peace officer in the execution of his duty is highly penal; and the refusal of any person to aid a peace officer in the execution of his duty in preserving the peace, is an indictable misdemeanor at common law.

3. An escape of a person arrested upon criminal process, by eluding the vigilance of his keepers before he is put in hold, is also an offence against public justice, punishable by fine or imprisonment. A public officer permitting such escape, either by negligence or connivance, is more culpable than the prisoner; but private individuals, who have persons lawfully in their custody, are not less guilty of this offence if they suffer them illegally to depart, for they may at any time protect themselves from liability by delivering over their prisoner to a peace-officer.

4. Breach of prison by the offender himself, when committed for any cause, is felony at common law; and to break prison and escape, when lawfully committed for any treason or felony, still so remains. But to break prison, whether it be the county gaol, the stocks, or other usual place of security when lawfully confined upon any inferior charge, is now punishable only as a misdemeanor by fine and imprisonment.

5. Rescue is the forcibly freeing another from arrest or imprisonment; and is generally the same offence in the stranger so rescuing, as it would have been in a gaoler voluntarily permitting an escape. Aiding a prisoner to escape from gaol is equally and in some respects more penal.

6. Returning from transportation, or being at large in Great Britain, before the expiration of the term for which the offender was ordered to be transported, or had agreed to transport himself is also severely punishable.

7. Taking a reward, under pretence of helping the owner to his stolen goods, was a contrivance carried to a great length of