CHAPTER IX.

OF MISPRISIONS AND CONTEMPTS AFFECTING THE KING AND GOVERNMENT.

1. What are misprisions and contempts against the king and government?-119.

They are, in the acceptation of our law, generally understood to be all such high offenses as are under the degree of capital, but nearly bordering thereon. They are negative, which consist in the concealment of something which ought to be revealed; and positive, which consist in the commission of something which ought not to be done.

2. Of what kinds are misprisions negative ?-120, 121.

They are of three kinds : 1. Misprision of treason. 2. Misprision of felony. 3. The concealing of treasure-trove.

3. What is misprision of treason?-120.

It consists in the bare knowledge and concealment of treason, without any degree of assent thereto; for any assent makes the party a principal traitor.

4. What is the punishment for misprision of treason?-120. Loss of the profits of lands during life, forfeiture of goods, and imprisonment during life.

5. What is misprision of felony ?-121.

It is the concealment of a felony which a man knows, but never assented to; for if he assented, this makes him either. principal or accessary.

6. What is the punishment for concealing treasure-trove --121. It was formerly punished by death, but now only by fine and imprisonment.

7. What are misprisions which are merely positive generally de nominated?-121.

Contempts or high misdemeanors.

8. What are they?-121-126.

They are: 1. The maladministration of such high officer as are in public trust and employment. 2. Contempts against the king's prerogative. 3. Contempts and misprisions against the king's person and government. 4. Contempts against the king's title, not amounting to treason or præmunire. 5. Contempts against the king's palaces and courts of justice. Lastly. To endeavor to dissuade a witness from giving evidence; to disclose an examination before the privy council, or to advise a prisoner to stand mute, (all which are impediments to justice) are high misprisions, and contempts of the king's courts.

9. What are contempts against the king's prerogative ?-122.

Refusing to assist him for the good of the public; either in his councils by advice, if called upon, or in his wars by personal service.

10. How are those guilty of any injurious treatment to persons, immediately under the protection of a court of justice, punished?-126. By fine and imprisonment.

11. How is endeavoring to dissuade a witness from giving evidence punished?—126.

It is a contempt of the king's courts, and punished by fine and imprisonment.

CHAPTER X.

OF OFFENSES AGAINST PUBLIC JUSTICE.

1. Into what species may the crimes and misdemeanors that more especially affect the commonwealth be divided?-127, 128.

Into five species: 1. Offenses against public justice

2. Offenses against the public peace.

3. Offenses against public trade

4. Offenses against the public health.

5. Offenses against the public police or economy.

2. What are the offenses against public justice, beginning with those that are most penal?-128-141.

They are as follows: 1. Embezzling or vacating records, or falsifying certain other proceedings in a court of judicature.

2. Where any jailor, by too great duress of imprisonment, makes any prisoner that he hath in ward, become an approver or appellor against his will, that is, to accuse and turn evidence against some other person.

3. Obstructing the execution of legal process.

4. An escape of a person arrested upon criminal process, by eluding the vigilance of his keepers before he is put in hold.

5. Breach of prison by the offender himself, when committed for any cause.

6. Rescue.

7. Returning from transportation, or being seen 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.

8. Taking a reward under pretense of helping the owner to his stolen goods.

9. Receiving of stolen goods, knowing them to be stolen.

10. Theft bote, which is where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon agreement not to prosecute.

11. Common barratry, or the offense of frequently exciting and stirring up suits and quarrels between his majesty's subjects, either at law or otherwise.

12. Maintenance.

13. Champerty.

14. Compounding informations.

15. A conspiracy to indict an innocent man of felony.

16. Wilful and corrupt perjury.

17. Bribery in a judge, or other person concerned in the administration of justice.

18. Embracery, or an attempt to influence a jury corruptly. 19. The false verdict of jurors.

20. Negligence of public officers intrusted with the administration of justice.

21. Oppression and tyrannical partiality of judges, justices,

and other magistrates, in the administration and under the color of their office.

22. Extortion, or an officer's unlawfully taking, by color of his office, from any man, any money or thing of value that is not due to him, or more than is due, or before it is due.

3. What is the offense of obstructing an arrest upon criminal process?-129.

It has been held that the party opposing such arrest is an accessary in felony, and a principal in high treason.

4. Who are punishable for the escape of a person arrested upon criminal process, before he is put in hold?—129, 130.

The prisoner is punishable by fine and imprisonment. Officers who, after arrest, negligently permit a felon to escape, are punishable by fine; but, where the escape is voluntary, by consent and connivance of the officer, they are punishable (after the conviction of the prisoner), in the same degree, as the offense of which the prisoner is guilty, and for which he is in custody, whether treason, felony, or trespass.

5. Is the officer, in case of such neglect of duty, punishable before the conviction of the prisoner ?—130.

Yes; he may be fined and imprisoned for a misdemeanor.

6. What is rescue ?-131.

It is the forcibly and knowingly freeing another from an arrest or imprisonment; and is generally the same offense in the stranger so rescuing, as it would have been in a jailor to have voluntarily permitted an escape.

7. Must the principal, in case of a rescue, be attainted or receive judgment before the rescuer can be punished?-131.

Yes; because, perhaps, in fact, it may turn out that there has been no offense committed by the principal.

8. What is theft bote frequently called?-133.

Compounding of felony; and formerly was held to make a man an accessary, but is now punished only with fine and imprisonment.

9. What is the punishment for suing in the name of a fictitious plaintiff, in any of the king's superior courts ?-134.

This offense is left, as a high contempt, to be punished at their discretion.

10. What is maintenance?-134.

It bears a near relation to common barratry; being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise, to prosecute or defend it.

11. When is maintenance not an offense?-135.

Where a man maintains the suit of his near kinsman, servant, or poor neighbor, out of charity and compassion.

12. What, by common law, was the punishment of maintenance?

-135.

Fine and imprisonment.

13. What is champerty ?-135.

Champerty, campi partitio, is a species of maintenance, and punished in the same manner; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law; whereupon the champertor is to carry on the party's suit at his own expense.

14. How may a conspiracy to indict an innocent man of felony be punished?-136, 137.

A conspiracy to indict an innocent man of felony, falsely and maliciously, who is accordingly indicted and acquitted, is an abuse and perversion of public justice, for which the party injured may either have a civil action, by writ of conspiracy, or the conspirators may be indicted at the suit of the king.

15. How is perjury defined?-137.

It is defined to be a crime committed when a lawful oath is administered, in some judicial proceeding, to a person who swears wilfully, absolutely, and falsely, in a matter material to the issue or point in question.