Taking a pension from any foreign prince without the consent of the king.

Disobeying the king's lawful commands.

Disobeying an act of parliament, where no particular penalty is assigned.

All these are contempts, punishable by fine and imprisonment.-4 Bl. C. 122.

12. Contempts and Misprisions against the King's Person or Government.

As by a seditious libel, viz.-seditiously speaking or writing against the king or his government, or so as to weaken his authority, or giving out scandalous stories concerning him. Such offences may be punished at common law as misdemeanors, by fine and imprisonment and infamous corporal punishment.-1 Hawk. P. C. c. 23, s. 1; Cowp. 672; 3 Dowl. & Ry. 464; 2 Barn. & Cres. 257.

13. Contempts against the King's Title.

As by denying the king's right to the crown in common and unadvised discourse.

This is a contempt, punishable by fine and imprisonment.-4 Bl. C. 123. If by advisedly speaking, it is in some cases a præmunire. (See supra, under the head "Præmunire," in this chapter.)

By 13 Eliz. c. 1, if any person shall in any wise hold, affirm, or maintain that the common law of this realm, not altered by parliment, ought not to direct the right of the crown of England, this is a misdemeanor, punishable with forfeiture of goods and chattels.-4 Bl. C. 123.

14. Refusing or Neglecting to take the Oaths of Allegiance, Supremacy and Abjuration.

By 13 Car. II. st. 2, c.1, 25 Car. II. c. 2, 1 Geo. I. st. 2, c. 13, and 9 Geo. II. c. 26, every person that shall be ad

mitted into any office, civil or military, or shall receive any pay, salary, fee, or wages, by reason of any patent or grant from his majesty, or shall have command or place of trust from his majesty or by his authority derived from him, within England or in his majesty's navy, or in Jersey and Guernsey, or shall be admitted into any service in his majesty's household, or in that of George, Prince of Wales, or the Princess of Wales, or their issue, and all ecclesiastical persons, heads and governors, of what denomination soever, and all other members of colleges and halls in any university of the foundation, or that enjoy any exhibition, (as soon as they attain the age of eighteen,) and all persons teaching or reading to pupils in any university or elsewhere, and all schoolmasters and ushers, and all preachers and teachers of separate congregations, and high or chief constables, and every person that shall act as a serjeant at law, counsellor at law, barrister, advocate, attorney, solicitor, proctor, clerk, or notary, by practising in any manner as such in any court whatever within England, who shall, after 10th August, 1715, be admitted into or enter upon, or take upon them any of the aforesaid preferments, offices, practice, &c. shall, within six calendar months afterwards, take and subscribe in one of the Courts at Westminster, or at the General Quarter Sessions of the county or place where they reside, the oaths of allegiance, supremacy and abjuration, as by the said acts provided, upon penalty, in case of neglect or refusal, to be ipso facto adjudged incapable to hold such offices, places or employments; and if, after such neglect or refusal, they execute any such offices or employments, they are disabled to sue, or be guardian or executor, to take any legacy or deed of gift, or be in any office in Great Britain, or vote at any election for member of parliament, and shall forfeit £500.

The form of the oath of abjuration, provided by the above statutes, is altered by 6 Geo. III. c. 53.

Before the end of every session of parliament, an act is

passed to indemnify all persons who have not complied with the requisitions of these acts, provided they qualify themselves within a time specified in the act, and provided also that judgment in any action or prosecution has not been obtained against them for the omission.-4 Bl. Com. 59, n. by Chr. See one of these indemnity acts, 1 Will. IV. c. 26.

Quakers and Moravians, in lieu of these oaths, are to make a declaration of fidelity and affirmation and a profession of Christian belief.-1 W. & M. st. 1, c. 18, s. 13; 7 & 8 Will. III. c. 34, s. 1; 1 Geo. I. st. 2, c. 6, s. 1; 8 Geo. I. st. 2, c. 6, s. 1; 22 Geo. II. c. 30, c. 46.

But quakers (except in the colonies) cannot hold any office or place of profit under government,-22 Geo. II. c. 46, s. 37; 13 Geo. II. c. 7.

15. Contempts against the King's Courts of Justice.

A stroke or blow in the king's superior courts of justice at Westminster, or at the assizes, or assaulting a judge sitting in court by drawing a weapon, without any blow struck, is punishable with loss of the right hand, imprisonment for life, and forfeiture of goods and chattels, and of the profits of the lands of the offender during life.— 4 Bl. C. 125; 1 Hawk. P. C. c. 21.

A rescue of a prisoner from any of the said courts is also punishable with perpetual imprisonment, and forfeiture of goods and of the profits of lands during life.-Ibid.

Using threats or reproachful words to any judge sitting in such courts, is a high misprision, and punishable with fines, imprisonment and corporal punishment.—Ibid.

And even in the inferior courts of the king, an affray or contemptuous behaviour is punishable with a fine by the judges there sitting.--Ibid.

If a man assault or threaten his adversary for suing him, a counsellor or attorney for being employed against him, a juror for his verdict, or a gaoler or other ministerial officer

for keeping him in custody, he is punishable by fine and imprisonment. Ibid.

To endeavour to dissuade a witness from giving evidence, to disclose an examination before the privy council, or to advise a prisoner to stand mute, are high misprisions, and punishable by fine and imprisonment.-Ibid.

As to the offence of embracery of jurors, vide post, Chap. VIII.

If a grand juror discloses to any person indicted the evidence that appeared against him, he is guilty of a high misprision, and liable to be fined and imprisoned.—Ibid. An attempt to stifle evidence is an indictable offence.6 East, 464; 2 Str. 904.

16. Selling Public Offices.

By 49 Geo. III. c. 126, persons buying or selling, or receiving or paying money or reward for any office in the gift of the crown, &c. (with certain exceptions), and persons receiving or paying money for soliciting or obtaining any such office, or making any negociation or pretended negociation relating thereto, and persons opening or advertising houses for transacting business relating to the sale of any such office, shall respectively be deemed guilty of a misdemeanor.

By the same statute such offences committed in his majesty's dominions abroad shall be tried in the King's Bench, at Westminster, under 42 Geo. III. c. 85.

Commissions in the East India Company's service are comprised by the provisions of the act.

By 6 Geo. IV. c. 82 and 83, the sale of offices in the King's Bench and Common Pleas are prohibited.

And see 49 Geo. III. c. 118, s. 3, as to giving any office for election purposes.

17. Administering Unlawful Oaths and being engaged in Unlawful Societies.

By 37 Geo. III. c. 123, whoever shall administer or cause to be administered, or shall be present at and consenting to the administering of, or shall take any oath or engagement intended to bind any person in any mutinous or seditious purpose, or to belong to any seditious society or confederacy, or to obey any committee or any person not having legal authority for that purpose, or not to give evidence against any confederate or other person, or not to discover any unlawful combination or any illegal act, or any illegal oath or engagement, shall be guilty of felony, and may be transported for seven years.

By the same act, compulsion shall be no excuse unless the party, within four days after he has an opportunity, disclose the whole of the case to a justice of the peace, or if a soldier or seaman, to his commanding officer, and any offence committed against the act may be tried in any county.

As to the form of indictment on this act, see 6 East, 419, n. (b).

The act is not confined to oaths administered for seditious purposes.-3 East, 157; 1 Russ. 130.

By 39 Geo. III. c. 79, certain corresponding societies therein described, and all other corresponding societies, are suppressed as unlawful. And every society, of which the members are required to take an oath not authorized by law, or shall subscribe or assent to any test or declaration not required by law, or where the names of the members or where the committees or presidents chosen are not known to the society at large, and every society which shall consist of different branches either acting separately or having separate presidents or other officers, shall be deemed unlawful combinations, and every person who shall become a member or correspond with them, or aid or support them with money or otherwise, shall be guilty of an unlawful combination.