G54 



i.iw to constitute high treason. Endeavouring to imprison 

 ofKngland. tne king, is an overt act of treason. 2. Violating with 

 ~~*f^" p r without force the queen consort, the king's eldest 

 daughter unmarried, or the wife of his eldest son. 3. 

 Levying war against the king in his realm. 4. Com- 

 forting, assisting, or giving information to the king's 

 enemies. 5. Counterfeiting the king's great or privy- 

 seal. 6. Counterfeiting the king's gold and silver 

 money, or importing counterfeit coin. 7. Killing the 

 chancellor, treasurer, king's justices of any of the 

 benches, justices of assize, and all other justices assigned 

 to hear and determine causes, being in their places 

 doing their offices. 



2. High treasons, created subsequent to 25th Ed. 

 III. are, 1. Such as relate to Papists in certain circum- 

 stances ; as the repeated defence of the Pope's jurisdic- 

 tion ; the returning from beyond sea of a natural-born 

 Popish priest, unless driven in by stress of weather ; 

 the renouncing of one's natural allegiance and reconci- 

 liation to the Pope. 2. Any person falsely counterfeit- 

 ing, or importing and uttering counterfeit, such coin of 

 gold or silver, as is not the proper coin of this realm, 

 (counterfeiting the coin of the realm, being already pro- 

 vided against, by 25th Ed. III.) but shall be current 



A Other 



Kd. III. 



LAW, 



out the consent of the crown. A person convicted of Law 

 precmunire, is out of the king's protection, his lands and of England, 

 tenements, goods and chattels, are forfeited to the king ; 

 and his body remains in prison*at the king's pleasure. 



IX. Misprisions comprehend a further clasS of of- jx. Mis- 

 fences against the king and his government. They prisions. 

 may be either negative, which consist in the conceal- 

 ment of something that ought to be revealed ; or posi- 

 tive, consisting in the actual commission of something 

 that ought not to be done. 1. Under the negative is i. Negative, 

 comprehended ; 1 . Misprision of treason, or the bare comprc- 

 knowledge and concealment of treason ; for, by giving heiding 

 the least countenance to a traitorous proceeding, the "]; ls P rlslon 

 party becomes guilty of high treason. The punishment & c trc ' 

 of misprision of treason, is loss of the profits of lands 

 during life, forfeiture of goods, and imprisonment for 

 life. 2. Misprision of felony, or the concealment of a 

 felony which a man knows, but never assented to ; and 

 3. The concealing of treasure trove, which belongs to 

 the king or his grantees ; in both of which misprisions 

 the penalty is fine and imprisonment. 



2. Misprisions, which are merely positive, are deno- 2. Positiv 

 initiated contempts, or high misdemeanors. 1. Mal-ad- compre- 



ministration of public trusts and employments, is pu- 



within this realm by consent of the crown ; or forging nished by parliamentary impeachment, issuing in ba- 

 * L - 



the sign manual, privy signet, or privy-seal ; or clip- 

 ping, washing, rounding, or filing the current money 

 of the realm ; or having in his possession implements 

 for coining, or falsifying the current coin of the realm ; 

 shall be deemed guilty of high treason. And, 3. Writ- 

 ing or printing in derogation of the act of settlement, 

 or of the power of parliament to limit the descent of the 

 crown, shall also be deemed high treason. 



s. Punish- 3. The punishment of high treason in males, is to 

 mentofhigh be, 1. Drawn. 2. Hanged. 3. Embowclled alive. 4. 

 treason. Beheaded. 5. Quartered. C. The head and quarters 

 to be at the king's disposal. But in cases relating to 

 VII. Felo- the coin, only to be drawn, and hanged till dead. In 

 nies injuri- the case of females, this last is the punishment for every 

 ous to the ? .!.' i . 



&c. 



king's pre- 

 rogative. 



1. Second 



malversa- 



l/ill l Itllllv ln.<ll y 1111 L.t.llt unit-Ill, 133U11IE' 1(1 Lfct 



nishment, imprisonment, fines, or perpetual disabi- jj ( 

 hty. 2. Contempts against the king's prerogative, contempt's 

 such as refusing to aid him by advice in his councils, against the 

 or person in his wars, or neglecting to join in the posse king's pre- 

 camitatus. Penalty, fine, and imprisonment, at the ro 

 discretion of the king's courts of justice. 3. Contempts c 

 and misprisions against the king's person and govern- 

 ment, as speaking or writing against them, or doing 

 any thing that may tend to lesson him in the esteem 

 of his subjects. . Penalty, fine, imprisonment, and pil- 

 lory. 4. Contempts against the king's title, are by de- 

 nying his right to the crown in common discourse. 

 Penalties, fine, imprisonment, and disability, being 

 nearly equal to the punishment ofprcemunirc. 5. Con- 

 tempts against the king's palaces or courts of justice are 

 high'misprisions, such as maliciously striking another in 

 the king's palace, whereby blood is drawn. Penalty, 

 perpetual banishment and fine at the king's pleasure, 



species of high treason. 



VII. Felonies injurious to the king's prerogative, form 



another class of crimes more immediately affecting the 



supreme executive magistrate. Felony, in the general 



offencTof acceptation of the English law, comprises every species anc * l ss of the offender's right hand. Striking in the 

 uttering of crime which occasions at common law the forfeiture king's superior courts of justice in Westminster-hall, or 

 counterfeit of lands and goods ; and to which capital or other pu- at the assizes, is not only a contempt of the king's inajes- 

 com, &c. nishment may be superadded, according to the degree ty, but is also a disturbance of the public justice; there- 

 2. Assault- of guilt. Felonies immediately injurious to the king's f re > the mere assaulting a judge by drawing a weapon, 



is punished with the loss of the right hand, imprison- 

 ment for life, and forfeiture of goods and chattels, and 

 of the profits of his lands during life. A rescue from 

 any of these courts subjects the party to the like penal- 

 ty. Using reproachful words, or contemptuous behavi- 



mg, &c. a prerogative are, 1. The second offence of wilfully ut- 

 culor." 00 '" ter j n g counterfeit coin, and various other offences re- 

 Enlistin ' atin S to tfle coin - 2 - To assault, strike, wound, or 

 jj attempt to kill any privy. councillor in the execution of 



inio loreign . ^ rT*i_ f /. 



service. ms omce. 3. 1 he enlisting into a foreign service, or 



* Embez- the procuring men so to inlist, without the king's li- our to a judge when in execution of his office, is punish- . 

 fling the cense. 4. Embezzling or destroying the king's war- ed with fine and imprisonment. Also, injurious treat- 

 king's like stores to the value of 20 shillings. 5. Desertion went to those who are immediately under the protec- 

 stores. from his majesty's army and navy in time of war; se- tion of the court, and in execution of their office; or in 

 .;. Desertion during any person to desert from that service, or in- an y manner tampering with a witness, subjects the 6f- 

 in times of citing mutiny therein. 6. Taking or administering an fender to the same punishment. 



d"n' dVe"" ' llegal Oath ' X- ff ences "g ttinsl public justice, arc, ]. Vitiating or ag^TTb! 



"on! 8 C VIII. Other offences of the same nature are punish- f als 'fy i "g_ records, or personating others in courts of lie justice; 



" prcemunire. The penalty of pncmunire was ori- justice; it is felony without benefit of clergy. and 1. Viti- 



6 Takin 



or adminfs- g' na ity '"tended as a barrier to the aggrandizing en- 

 teringfalse croachmcnts of the papal power; but since, attached 

 oaths. as a punishment to a number of offences ; the most re- 

 VIII. Prrr- markable of which is, the being present at, or wilfully 

 munire. solemnizing any forbidden marriage of such of the de- 



2. A gaoler making his prisoner bear false witness, or atin g re- 

 become an approver, or an appcllor against his will. J"*' 

 Penalty, judgment of felony. witnesTbn 



3. Obstructing the ejccculitm of lawful process, or. abu- compulsion; 

 S '"S an y officer in his endeavours to execute his duty 3 obMruct- 



scendants of the body of George II. as are by act of therein, so that he receives bodily hurt. Penalty, fe- ing lawful 

 parliament prohibited to contract in matrimony with- l n y anc ' transportation for seven years ; and persons process ; 



