576 MISPR! 
i. Of the lird or negative kind, is what is called mifpri- 
fion of treafon; confiding in the bare knowledge and con¬ 
cealment of treafon, without any degree of affent thereto; 
for any alfent makes the party a principal traitor ; as in¬ 
deed the concealment, which was condrued aiding and 
abetting, did at the common law; in like manner as the 
knowledge of a plot againd the date, and not revealing 
it, was a capital crime at Florence, and other dates of 
Italy. But it is now en'afted, by the dat. i & 2 Phil. & 
Mar. c. 10. that a bare concealment of treafon fhall be 
only held a mifprifion. This concealment becomes cri¬ 
minal, if the party apprifed of the treafon does not, as 
foon as conveniently may be, reveal it to fome judge of 
adife or judice of the peace. But, if there be any proba¬ 
ble circumdances of alfent, as if one goes to a treafonable 
meeting, knowing beforehand that a confpiracy is in¬ 
tended againd the king; or, being in fucli company once 
by accident, and having heard fuch treafonable confpi¬ 
racy, meets the fame company again, and hears more of 
it, but conceals it; this is an implied affent in law, and 
makes the concealer guilty of aftual high treafon. 
A man who hath knowledge of a treafon cannot fecure 
himfelf by difcovering generally that there will be a rifing, 
without difclofing the perfons intended to rife ; nor can 
he do it by difcovering thefe to a private perfon, who is 
no magidrate. S.P.C. H.P.C. 127. 
Information will not lie for mifprifion of treafon, See. 
but inclifiment, as for capital crimes. There mud be two 
witneffes upon indiftments as well as trials of mifprifion of 
treafon, by dat. 7 Will. III. c. 3. See the article Treason. 
Mifprifion of felony is the concealment of a felony which 
a man knows, but never affented to ; for, if he alfented, 
this makes him either principal or accefi'ory; and the 
punilhment of this, in a public officer, by dat. Wedm. 1. 
3 Eaw. I. c. 9. is imprifonment for a year and a day; in 
a common perfon, for a lefs diferetionary time; and, in 
both, fine and ranfom at the king’s pleafure: which ylea- 
J'vrc of the king mud be obferved, once for all, not to fig- 
nify any extra-judicial will of the fovereign, but fuch 
as is declared by his reprefentatives, the judges, in his 
courts of judice; Voluntas regis in curia, non in camera. 
1 Hal. P C. 375- 
Under this title of mifprifion, that of theftbote may be 
reduced ; which is, where one knowing of a felony takes 
his goods again, or amends for the fame. 3 Injl. 134., 139. 
Though the bare taking goods again which have been 
dolen is no offence, unlel’s fome favour be ffiown the 
thief. 1 Hawk. P.C. c. 59. To take any reward to help 
any perfon to dolen goods, is made felony by dat. 4 Geo. I. 
c. ii. and to advertife a reward for the return of things 
dolen, incurs a forfeiture of 50I. by dat. 25 Geo. II. c. 36. 
There is alfo another fpecies of negative mifprifion, 
namely, the concealing of treafure-trove, which belongs to 
the king or his grantees by prerogative-royal; this con¬ 
cealment was formerly punilhable by death, but now only 
by fine and imprifonment. Glanv.c. 2. 3 lift. 133. 
a. Mifprifions which are poftive, are generally deno¬ 
minated contempts or high mifdemeanours; of which 
the firlt and principal is the mal-adminidration of fuch 
high officers as are in public trud and employment. This 
is .ufually puniflied by the method of parliamentary im¬ 
peachment, wherein fuch penalties, Ihort of death, are 
inflicted, as to the wifdom of the houfe of peers fhall 
feem proper; confiding ufually of baniffiment, imprifon¬ 
ment, fines, or perpetual difability. Hereto alio may 
be referred the offence of embezzling the public money, 
palled among the Romans peculatus; which the Julian law 
punilhed with death in a magidrate, and with deporta¬ 
tion, or baniffiment, in a private perfon. With us it is 
not a capital crime, but fubjefts the committer of it to a 
diferetionary fine and imprifonment. 
Other milpridons are, in general, fuch contempts of the 
executive magidrate as demondrate themfelves by fome 
mrogant and undutiful behaviour towards the king and 
government. Thefe are either againd the king’s prero- 
i. S i O N. 
gatjve; the king’s perfon and government; the king’s 
title; his palaces, or courts of judice. With refpett to 
the two fird of thefe, fee the articles Contempt and 
Government. 
Contempts againd the king’s title, not amounting to 
treafon or praemunire, are, the denial of his right to the 
crown, in common and unadvifed difeourfe ; for, if it be 
by advifedly fpeaking, it amounts to a praemunire; fee 
that article. This heedlefs fpecies of contempt is puniffied 
with fine and imprifonment. Likewife, if any perfon fhall 
in any wife hold, affirm, or maintain, that the common 
laws of this realm, not altered by parliament, ought not 
to direCt the right of the crown of England ; this is a 
mifdemeanour by dat. 13 Eliz. c. 1. and punilhable with 
forfeiture of goods and chattels. A contempt may alfo 
arife from refufing or negleCting to take the oaths ap¬ 
pointed by datute for the better fecuring the government, 
and yet aiding in a public office, place of trud, or other 
capacity for which the faid oaths are required to be taken, 
viz. thofe of allegiance, fupremacy, and abjuration ; which 
mud be taken within fix calendar months after admiffion. 
The penalties for this contempt, inflicted by dat. 1 Geo. I. 
d. 2. c. 13. are very little, if any thing, ffiort of thofe of a 
praemunire; being an incapacity to hold the faid offices, 
or any other; to profecute any fuit; to be guardian or 
executor; to take any legacy or deed of gift; or to vote 
at any election for members of parliament: and after con¬ 
viction the offender ffiall forfeit 500I. to any that will fue 
for the fame. 
Contempts againd the king's palaces or courts of juf ice, 
have been always looked upon as High mifprifions; and, 
by the ancient lav/, before the Conqued, fighting in the 
king’s palace, or before the king’s judges, was puniffied 
with death. 3 Inf. 140. And at prefent, by dat. 33 Hen. 
VIII. c. 12. malicious driking in the king’s palace, where¬ 
in his royal perfon refides, whereby blood is drawn, is 
punilhable by perpetual imprifonment, and fine at the 
king’s pleafure ; and alfo with lofs of the offender’s right 
hand: the folemn execution of which fentence is pre- 
Icribed in the datute at length. 
But driking in the king’s fuperior courts of juf ice in 
Wedminder-hall, or at the affiles, is made dill more penal 
than even in the king’s palace. By the ancient common 
law before the Conqued, driking in the king’s courts of 
judice, or drawing a 1'word therein, was a capital felony. 
LI. Ince. c. 6. LI. Canut. c. 56. LI. Alureil, c. 7. and our 
modern law retains fo much of the ancient feverity, as 
only to exchange the lofs of life for the lofs of the offend¬ 
ing limb. Therefore a droke or blow in fuch a court of 
judice, whether blood be drawn or not, or even afl’aulting 
a judge fitting in the court, by drawing a weapon, with¬ 
out any blow druck, is punilhable with the lofs of the 
right hand, imprifonment for life, and forfeiture of goods 
and chattels, and of the profits of the offender’s lands 
during life. 3 lift. 140,1. A refeue alfo of a prifoner from 
any of the faid courts, without driking a blow, is puniffied 
with perpetual imprifonment, and forfeiture of goods, 
and the profits of lands during life. 2 Hawk. P.C. c.21. § 5. 
An affray or riot near the faid courts, but out of their 
aCtual view, is punilhed only with fine and imprifon¬ 
ment. Cro. Car. 373. 
Not only fuch as are guilty of any aCtual violence, but 
of threatening or reproachful words to any judge fitting 
in the courts, are guilty of a high mifprifion, and have 
been vilited with large fines, imprifonment, and corpo¬ 
ral punilhment. Cro. Car. 503. And even in the inferior 
courts of the king, an affray or contemptuous behaviour 
is punilhable with a fine by the judges there fitting; as 
by the deward in a court-leet, or the like. 1 Hatch. P. C. 
c. 21. § ip, II. 
Likewile all fuch as are guilty of any injurious treat¬ 
ment to thofe who are immediately under the protection 
of a court of judice, are punifliable by fine and imprifon¬ 
ment ; as if a man affaults or threatens his adverfary for 
filing him, a counfcllor or attorney for being employed 
againft 
