By 12 Geo. III. c. 24, to set on fire, burn or destroy any of his majesty's ships of war, whether built, building or repairing, or any of the king's arsenals, magazines, dockyards, ropeyards, or victualling offices, or materials thereto belonging, or military, naval or victualling stores or ammunition, or causing, aiding, procuring, abetting or assisting in such offence, shall be felony, without benefit of clergy.

5. Desertion from the King's Armies.

This, in time of war, whether by land or sea, in England or in parts beyond the scas, is, by 18 Hen. VI. c. 19, and 5 Eliz. c. 5, made felony; exclusive of the annual acts of parliament to punish mutiny and desertion.

By 2 & 3 Edw. VI. c. 2, such deserters are excluded from benefit of clergy.

The same statutes punish other military offences with fines, imprisonment and other penalties.

6. Inciting to Mutiny.

By 37 Geo. III. c. 70, if any person shall maliciously and advisedly endeavour to seduce any person, serving in his majesty's service by sea or land, from his duty and allegiance, or to incite any person to commit any act of mutiny or mutinous practice, he shall be guilty of felony, without benefit of clergy.

7. Offences subject to the Penalties of Præmunire.

By 16 Ric. II. c. 5, (called the statute of præmunire,) whoever procures at Rome or elsewhere any translations, processes, excommunications, bulls, instruments, or other things which touch the king, against him, his crown and realm, and all persons aiding and assisting therein, shall be put out of the king's protection, their lands and goods forfeited to the king's use; and they shall be attached by their bodies to answer to the king and his council, or process of pramunire facias shall be made out against them as in other cases of provisors.

By 2 Hen. IV. c. 3, all persons who accept any provision from the Pope to be exempt from canonical obedience to their proper ordinary, are also subjected to the penalties of præmunire.

By 24 Hen. VIII. c. 12, and 25 Hen. VIII. c. 19 and 21, to appeal to Rome from any of the king's courts, to sue to Rome for any license or dispensation, or to obey any process from thence, are made liable to the pains of præmunire.

By 25 Hen. VIII. c. 20, if a dean and chapter refuse to elect the person named for bishop by the king, or any archbishop or bishop to consecrate him, they shall fall within the penalties of præmunire.

By 5 Eliz. c. 1, to refuse the oath of supremacy in certain cases is within the penalties of præmunire, and to defend the Pope's jurisdiction in this realm, is a præmunire for the first offence and treason for the second.

By 13 Eliz. c. 2, if any person shall import any Agnus Dei crosses, beads or other superstitious things, pretended to be hallowed by the Bishop of Rome, and tender the same to be used, or shall receive the same with such intent, and not discover the offender; or if a justice of the peace, knowing thereof, shall not, within fourteen days, declare it to a privy councillor, all such offenders shall incur a præmunire.

By 27 Eliz. c. 2, to contribute to the maintenance of a Jesuits' college or any popish seminary whatever beyond sea, or of any person in the same, or to contribute to the maintenance of any Jesuit or popish priest in England, is made subject to the penalties of præmunire.

Under the above statutes, the offence of præmunire (that is, the offence to which the penalties so called attach,) may be defined, generally, to be the maintaining of the papal power.-4 Bl. Com. 112.

But it has been thought fit to apply the same penalties to other heinous offences, some of which have more and some less relation to this original offence, and some no relation at all.-Ibid. 115.

Thus, by 1 & 2 Ph. & M. c. 8, to molest the possession

of abbey lands granted by parliament to Hen. VIII. and Edw. VI., is a præmunire.

So by 21 Jac. I. c. 3, to obtain any stay of proceedings other than by arrest of judgment or writ of error, in any suit for a monopoly.

So by 16 Car. I. c. 21, and 1 Jac. II. c. 8, to obtain an exclusive patent for the sole making or importation of gunpowder or arms, or to hinder others from importing them.

So by 12 Car. II. c. 24, to obtain any stay of proceedings other than by arrest of judgment or writ of error, in any action for pre-emption, &c.

So by 13 Car. II. c. 1, to assert maliciously and advisedly, by speaking or writing, that both or either house of parliament have a legislative authority without the king.

So by 31 Car. II. c. 2, (the Habeas Corpus Act,) to send any subject of this realm a prisoner into parts beyond the

seas.

So by 7 & 8 Will. III. c. 24, serjeants, councillors, proctors, attornies, and solicitors, practising without having taken the oaths of allegiance and supremacy and subscribed the declaration against popery, are guilty of a præmunire.

By 6 Anne, c. 7, to assert maliciously and directly, by preaching, teaching or advised speaking, that the then pretended Prince of Wales, or any person other than according to the acts of settlement and union, hath any right to the throne of these kingdoms, or that the king and parliament cannot make laws to limit the descent of the crown, is a præmunire.

So by 6 Anne, c. 23, if the assembly of peers of Scotland, convened to elect their sixteen representatives in parliament, shall presume to treat of any other matter save only the election, it is a præmunire.

So by 12 Geo. III. c. 11, all such as knowingly and wilfully solemnize, assist, or are present at any forbidden marriage of such of the descendants of Geo. II. as are by that act prohibited to contract matrimony without the consent of the crown, incur the penalties of præmunire.

E

By 5 Eliz. c. 1, it is provided that it shall not be lawful to kill any person attainted in a præmunire, any law, statute, opinion, or exposition of law to the contrary notwithstanding.

But such delinquent, besides the forfeiture of lands and tenements, goods and chattels to the king, and imprisonment at the king's pleasure, is disabled from bringing any action for any private injury; and no man, knowing him to be guilty, can with safety give him comfort, aid or relief. -1 Inst. 129; 1 Hawk. P. C. c. 19, s. 47.

Prosecutions for a præmunire do not now occur. There is an instance of one in the State Trials for refusing to take the oath of allegiance in the reign of Charles II.— 6 Howell's St. Tr. 201.

8. Misprision of Felony.

This is the concealment of a felony committed or to be committed, which a man knows, but never assented to; for if he expressly assented, this makes him either principal or accessary, according to the circumstances.-4 Bl. C. 121; 1 Hale, P. C. 616; Arch. 7; vide supra, Chap. I.

The punishment of this in a public officer is, by statute of Westminster, 1, 3 Edw. I. c. 9, imprisonment for a year and a day; in a common person, imprisonment for a less discretionary time; and in both, fine and ransom at the king's pleasure; that is, voluntas regis in curia non in

camera.

As to the offence of misprision of treason, vide supra, under the head" Treason," Chap. VI.

9. Concealing of Treasure Trove.

Treasure trove belongs to the king or his grantees, by his prerogative, and the concealment of it is a misprision, punishable by fine and imprisonment.-3 Inst. 133.

10. Mal-administration of Public Trusts.

This is usually punished by parliamentary impeachment, wherein such penalties short of death are inflicted, as the House of Peers shall think proper; usually banishment, imprisonment, fines, or perpetual disability.-4 Bl. C. 121.

By 50 Geo. III. c. 59, s. 2, if any officer, collector or receiver, entrusted with the receipt or management of the public revenues, shall knowingly furnish false statements or returns of the monies collected by him, or of the balances left in his hands, he shall be guilty of a misdemeanor, and be fined and imprisoned at the discretion of the court, and for ever rendered incapable of holding or enjoying any office under the crown.

By 2 Will. IV. c. 4, if any person employed in the public service of his majesty, and entrusted by virtue of such employment with the receipt, custody, management or control of any chattel, money or valuable security, shall embezzle the same or any part thereof, or in any manner fraudulently apply or dispose of the same or any part thereof to his own use or benefit, or any purpose whatever except the public service, he shall be deemed to have stolen the same, and be guilty of felony, and liable to transportation for any term not exceeding fourteen years nor less than seven, or to be imprisoned, with or without hard labour, for any term not exceeding three years.

By sect. 2 it is defined what things are included under the words "valuable security."

11. Contempts against the King's Prerogative.

As by refusing to assist him for the good of the public, in council, or war, or rebellion.

Neglecting to join the posse comitatus, being thereto required by the sheriff or justices, according to 2 Hen. V. c. 8, which is a duty incumbent on all that are fifteen years old, under the degree of nobility, and able to travel.