doing any thing that may tend to lessen him in the esteem of his subjects, may weaken his government, or may raise jealousies between him and his people.

4. Contempts against the king's title, not amounting to treason or præmunire, are the denial of his right to the crown in common and unadvised discourse; for, if it be by advisedly speaking, we have seen that it amounts to a præmunire. This heedless species of contempt is however punished by our law with fine and imprisonment. A contempt may also arise from refusing or neglecting to take the oaths, appointed by statute for the better securing the government; and yet acting in a public office, place of trust, or other capacity, for which the said oaths are required to be taken.

5. Contempts against the king's palaces or courts of justice have always been looked upon as high misprisions. Malicious striking in the king's palace, wherein his royal person resides, whereby blood is drawn, is punishable by perpetual imprisonment, and fine at the king's pleasure: and also with loss of the offender's right hand.

Therefore a stroke or blow in such a court of justice, whether blood be drawn or not, or even assaulting the judge sitting in the court, by drawing a weapon, without any blow struck, is punishable with the loss of the right hand, imprisonment for life, and forfeiture of goods and chattels, and of the profits of his lands during life. A rescue also of a prisoner from any of the said

courts, without striking a blow, is punished with perpetual imprisonment, and forfeiture of goods, and of the profits of lands during life.

Not only such as are guilty of an actual violence, but of threatening or reproachful words to any judge sitting in the courts, are guilty of a high misprision, and have been punished with large fines, imprisonment, and corporal punishment. And, even in the inferior courts of the king, an affray, or contemptuous behaviour, is punishable with a fine by the judges there sitting; as by the steward in a court-leet, or the like.

Likewise, all such as are guilty of any injurious treatment to those who are immediately under the protection of a court of justice, are punishable by fine and imprisonment: as, if a man assaults or threatens 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, and properly executing his duty.

Lastly, 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; (all of which are impediments of justice) are high misprisions, and contempts of the king's courts, and punishable by fine and imprisonment.

CHAPTER X.

OF OFFENCES AGAINST PUBLIC JUSTICE.

THE order of our distribution will next lead us to take into consideration such crimes and misdemeanors as more especially affect the commonwealth, or public polity of the kingdom. The crimes and misdemeanors that more especially affect the commonwealth, may be divided into five species; viz. offences against public justice, against the public peace, against public trade, against the public health, and against the public police or economy: of each of which we will take a cursory view in their order.

First, then, of offences against public justice: some of which are felonious, whose punishment may extend to death; others only misdemea

nors.

1. Embezzling or vacating records, or falsifying certain other proceedings in a court of judicature, is a felonious offence against public justice.

2. It is enacted by statute 14 Edw. III. c. 10. that if any gaoler by too great duress of imprisonment makes any prisoner, that he hath in ward, become an approver or an appellor against his will; that is, to accuse and turn evidence against some other person: it is felony in the gaoler.

3. A third offence against public justice is obstructing the execution of lawful process. And it hath been holden, that the party opposing such arrest becomes thereby particeps criminis; that is, an accessory in felony, and a principal in high treason. Persons opposing the execution of any process in pretended privileged places within the bills of mortality, or abusing any officer in his endeavours to execute his duty therein, so that he receives bodily hurt, shall be guilty of felony, and transported for seven years: and persons in disguise, joining in or abetting any riot or tumult on such account, or opposing any process, or assaulting and abusing any officer executing, or for having executed the same, shall be felons without benefit of clergy.

4. An escape of a person arrested upon criminal process, by eluding the vigilance of his keepers before he is put in hold, is also an offence against public justice, and the party himself is also punishable by fine or imprisonment; for he ought to submit himself quietly to custody, till cleared by due course of justice. Officers who, after arrest, negligently permit a felon, to escape, are also punishable by fine: but voluntary escapes, by consent and connivance of the officer, are a much more serious offence for it is generally agreed that such escapes amount to the same kind of offence, and are punishable in the same degree, as the offence of which the prisoner is guilty, and for which he is in custody, whether he was actually committed to gaol, or only under a bare arrest.

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But the officer cannot be thus punished till the original delinquent hath actually received judgment or been attainted, upon verdict, confession, or outlawry, of the crime for which he was so committed or arrested. But, before the conviction of the principal party, the officer thus neglecting his duty may be fined and imprisoned for a misdemeanor.

5. Breach of prison by the offender himself, when committed for any cause, was felony at the common law or even conspiring to break it. So that to break prison and escape, when lawfully committed for any treason or felony, remains still felony as at the common law; and to break prison (whether it be the county gaol, the stocks, or other usual place of security) when lawfully confined upon any other inferior charge, is still punishable as a high misdemeanor by fine and imprisonment.

6. Rescue is the forcibly and knowingly freeing another from an arrest or imprisonment; and it is generally the same offence in the stranger so rescuing, as it would have been in a gaoler to have voluntarily permitted an escape. A rescue therefore of one apprehended for felony, is felony; for treason, treason; and for a misdemeanor, a misdemeanor also. But here likewise, as upon voluntary escapes, the principal must first be attainted or receive judgment before the rescuer can be punished and for the same reason; because perhaps in fact it may turn out that there has been no offence committed.