In crimes under the degree of felony accessaries before the fact are properly principals, and must be indicted as such.-1 Hale, P. C. 347, 450, 613. And see 7 & 8 Geo. IV. c. 29, s. 61, and c. 30, s. 26, as to misdemeanors under those acts.

And the same in treason.--Fost. 341; 1 Hale, P. C. 238. Accessaries before the fact to murder shall suffer death as felons.-9 Geo. IV. c. 31, s. 3.

Accessaries before the fact to offences against the person, under 9 Geo. IV. c. 31, not otherwise punishable under that act, may be transported, for not more than fourteen years nor less than seven, or imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; and every person counselling, &c. any misdemeanor under the act shall be punishable as principal.-9 Geo. IV. c. 31, s. 31.

Accessaries before the fact to larceny and other offences under 7 & 8 Geo. IV. c. 29, shall be punishable with death, or otherwise in the same manner as the principal.— 7 & 8 Geo. IV. c. 29, s. 61.

Accessaries before the fact to offence of malicious injury to property, under 7 & 8 Geo. IV. c. 30, are punishable with death, or otherwise, in the same manner as the principal.7 & 8 Geo. IV. c. 30, s. 26.

Accessaries before the fact to offence against the coin, and to forgery, are punishable in the same manner as the principal.-2 Will. IV. c. 34, s. 18; 11 Geo. IV. & 1 Will. IV. c. 66, s. 25; and 2 & 3 Will. IV. c. 123.

Accessaries before the fact, in cases where not otherwise provided for, are punishable under 7 & 8 Geo. IV. c. 28, s. 8, 9, viz. may be transported for seven years, or imprisoned for any term not exceeding two years, and if a male may be once, twice, or thrice publicly or privately whipped, (if the Court think fit,) in addition to the imprisonment; and the imprisonment may be with hard labour or solitary confinement, or both.-Arch. 520.

Accessaries after the fact are persons who, knowing a felony to have been committed by another, receive, relieve,

comfort, or assist the felon, whether such felon be principal or accessary before the fact.

But the relieving must be in some way that hinders public justice, as by assisting to escape.

So merely suffering to escape makes not an accessary. Accessaries after the fact cannot be tried before the conviction or attainder of their principal.-1 Hale, 623; 2 Hawk. c. 29, s. 45.

Unless they consent.-Ibid.

But may be tried with their principal.-1 Hale, 623. Or separately, after the principal has been convicted or attainted.-7 Geo. IV. c. 64, s. 11; Arch. 524.

Receivers of goods, feloniously stolen, may be indicted either as accessaries after the fact to felony, or for a substantive felony. In other cases, receivers may be indicted for a misdemeanor, or may be punished upon summary conviction.-7 & 8 Geo. IV. c. 29, s. 54, 55, 60.

In crimes under felony there are no accessaries after the fact, though a rescue, or the like, is indictable as a misdemeanor.-1 Hale, P. C. 613; 2 Hawk. c. 29, s. 4.

In treason there are no accessaries after the fact so far as regards punishment, for they are punishable as principals; but they must be indicted specially for the receipt, &c., and not as principals.-1 Hale, P. C. 238.

Accessaries after the fact to murder are not guilty of capital felony, but may, at the discretion of the Court, be transported for life, or imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding four years.-9 Geo. IV. c. 31, s. 3.

Accessaries after the fact to other felonies against the person under the same act are punishable by imprisonment, with or without hard labour, for a term not exceeding two years.-S. 31.

Accessaries after the fact to larceny and other felonies under 7 & 8 Geo. IV. c. 29, s. 61, (except receivers of stolen property,) are punishable by imprisonment for a term not exceeding two years.

Accessaries after the fact to malicious injuries under

7 & 8 Geo. IV. c. 30, s. 26, are punishable in the like

manner.

Accessaries after the fact in offences against coin are punishable in the like manner.-2 Will. IV. c. 34, s. 18.

Accessaries after the fact to forgery are punishable in like manner.-11 Geo. IV. & 1 Will. IV. c. 66, s. 25, 26; and 2 & 3 Will. IV. c. 123.

Receivers of property feloniously stolen are punishable with transportation, for not more than fourteen nor less. than seven years, or imprisonment not exceeding three years, with or without hard labour, and with or without solitary confinement, for the whole or any part of the imprisonment, and if a male he may be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the Court think fit.-7 & 8 Geo. IV. c. 29, s. 54. And in cases of misdemeanor, the receiver's punishment is the same, except that the transportation is for seven years only, and the imprisonment for two years.-S. 55.

Where not otherwise provided for, accessaries after the fact are punishable under 7 & 8 Geo. IV. c. 28, s. 8, i. e. may be transported for seven years, or imprisoned for any term not exceeding two years, and if a male, may be once, twice, or thrice publicly or privately whipped, if the Court think fit, in addition to the imprisonment.-Arch. 524.

And with hard labour or solitary confinement, or both, as the Court shall think meet.-Sec. 9.

CHAPTER IV.

OF OFFENCES AGAINST GOD AND RELIGION.

1. Blasphemy.

THIS offence is a misdemeanor punishable at common law by fine and imprisonment, or other infamous corporal punishment.-1 Hawk. c. 5, s. 1.

By 9 & 10 Will. III. c. 32, if any person having been educated in, or at any time having made profession of, the Christian religion within this realm, shall, by writing, printing, teaching, or advised speaking, deny any one of the persons in the Holy Trinity to be God, or assent or maintain that there are more Gods than one, or shall deny the Christian religion to be true, or the Holy Scriptures of the Old and New Testament to be of Divine authority, and be convicted by two or more witnesses, he shall for the first offence be disabled to hold any office, ecclesiastical, civil, or military, and such as he holds at the time shall be void; and upon the second conviction, he shall be disabled to sue, or to be guardian, or executor, or administrator, or to take a legacy or deed of gift, and suffer imprisonment for three years. But as to words, it is provided, that information of the offence must be laid before the magistrate within four days, and the prosecution must be within three months after the information; and also, that in the first offence the offender shall be discharged from all penalties and disabilities upon renunciation in Court within four months after conviction.

By 53 Geo. III. c. 160, s. 2, so much of the 9 & 10 Will. III. as relates to persons denying as therein mentioned respecting the Holy Trinity is repealed.

A Blasphemous Libel

Is a publication in writing or print of blasphemous matter. A blasphemous libel may be prosecuted as an offence at common law.-3 B. & A. 161.

By 60 Geo. III. and 1 Geo. IV. c. 8, all copies of blasphemous or seditious publications, may, by order of the Court or a Judge, be seized after conviction of the offenders; but if judgment be arrested or reversed, they shall be returned.

2. Reviling the Established Church.

By 1 Ed. VI. c. 1, and 1 Eliz. c. 1, whoever reviles the Sacrament of the Lord's Supper shall be punished by fine and imprisonment.

By 1 Eliz. c. 2, if any minister that ought to use the Book of Common Prayer, &c. shall speak anything in derogation of the Book of Common Prayer, he shall, if not beneficed, be imprisoned one year for the first offence, and for life for the second; and if beneficed, shall for the first offence be imprisoned for six months, and forfeit a year's value of his benefice; for the second offence be deprived and suffer one year's imprisonment; and for the third, shall in like manner be deprived and suffer imprisonment for life.

And if any person whatever shall in plays, songs, or other open words, speak anything in derogation, depraving or despising of the said book, or shall forcibly prevent the reading of it, or cause any other service to be used in its stead, he shall forfeit for the first offence 100 marks; for the second, 400; and for the third, shall forfeit all his goods and chattels, and suffer imprisonment for life.

3. Nonconformity.

Penal Laws.

By 1 Eliz. c. 2, 23 Eliz. c. 1, and 3 Jac. I. c. 4, such as absent themselves from divine worship in the established