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MISPRISIONS

Volume 15 · 167 words · 1842 Edition

a term derived from the old French, mespris, a neglect or contempt, are, in the acceptation of English law, generally understood to be all such high offences as are under the degree of capital, but nearly bordering thereon. It is said that a misprision is contained in every treason and felony whatsoever; and that, if the king so please, the offender may be proceeded against for the misprision only. Upon the same principle, whilst the jurisdiction of the Star Chamber subsisted, it was held that the king might remit a prosecution for treason, and cause the delinquent to be censured in that court, merely for a high misdeameanour; as happened in the case of Roger earl of Rutland, in the 43d of Elizabeth, who was concerned in the Earl of Essex's rebellion. Misprisions are generally divided into two sorts; negative, which consist in the concealment of something which ought to be revealed; and positive, which consist in the commission of something which ought not to be done.