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Misprison.
' If any person (during the King Life) shall maliciously
and advisedly
' publish or affirm the King to be an Heretick or a Papist, or that he
indeavours
' to introduce Popery; or shall maliciously and advisedly by
' Writing, Printing, Preaching or other Speeches, express, publish or declare
' any words or other thing or things, to stir up the people to hatred,
' or dislike of the person of His Majesty, or his established Government;
' such persons (upon Conviction) are disabled to have any Office, or promotion
' Ecclesiastical, Civil or Military, and liable to such other punishments
' as by the Law may be inflicted. |
Chap. 141. |
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' If any person or persons shall maliciously and
advisedly by Writing,
' Printing, Preaching or Speaking, publish, declare or affirm, That the
' Parliament begun at Westm. 3. Novemb. 1640. is not dissolved,
or not
' determined, or that it ought to be in being, or that there lies any Obligation
' upon him, or any other person, from any Oath, Covenant or Engagement,
' to endeavour a Change of Government; or that both, or
' either Houses of Parliament have a Legislative Power without the King,
' or any words to the same effect: such person shall incur the penalty
of
' a Præmunire mentioned in the Stat. of 16 R. 2. |
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| Persecution. |
" None shall be prosecuted for these Offences (except
for the Treason)
" unless by the Kings Order under his Sign-Manual, or by Order of the
" Council Table directed to the Attorny General, or other learned Council.
" Nor shall any incur the penalties, unless prosecuted within 6 months
" after the offence, and indicted within three months after that prosecution. |
13 Ca. 2.
c. 1. |
| Tryal. |
" None shall be Indicted, Arraigned or Attainted
of the Treasons or
" Offences, unless accused by two Witnesses upon Oath, who at his Arraignment
" shall be brought face to face, to avow what they have to say
" against him; unless he willingly confess.
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Misprison. CHAP. CXLI.
V. 90.
' MIsprison signifieth in our Law, neglect, negligence
or oversight, in
' not revealing a Treason or Felony, when we know it to be committed
' or about to be committed; so making a light account of such
' Capital Offences: See infra. And see High Treason,
the Stat. 13 Car. 2. cap. 1. |
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There be certain Offences, which by the Common Law
are Misprison
of Treason or at least punishable in the same degree, or in an higher degree.
As, |
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To draw a Sword to strike a Justice sitting in the
place of Judgment, is
Misprison of Treason. So |
22 H. 3.
19.
Stamf. 38. |
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To strike a Juror in the presence of the Justices,
sitting in place of Judgment,
Br. Contempts 9. Fitz. Judg. 174. Fi. |
b. P. R.
117.
Ibid. |
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So to strike another in Westminster Hall,
sitting on any of the Kings
Courts there, Dyer 188. Fitz. Cor. 285. F. |
Stamf. 38.
c. |
|
So it seemeth to draw any weapon (therewithal to
strike any person)
in the presence of the Justices, or to make an affray in their presence,
Br.
Pain 16. Stamf. 38. |
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So to rescue any such Offender. Ibid. |
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So to strike any person in the Kings Court (Palace
or other House) the
King being then in his Court. And Judgment was given accordingly
in
such case upon a Knight Ann. 33 H. 8. for striking another
at Greenwich,
the King being there. Br. Ibid. Yet now see the Stat.
of 33 H. 8. 12. That
such an Offender in the Kings Palace (although he shall draw blood by
striking there) he shall forfeit neither the Profits of his Lands, nor
his |
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