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.

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 ist

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