17 April 1804

Evidence

Forthcomingness

Ch.4. Misprision

§.4. Engl. Law

§.4. English Law.

Under the English Law, Non-delation, as above described perhaps even non-information in relation to a non-penal right, is punishable in certain cases. In speaking of the established /existing/ law of any country, it is not possible to avoid using the words, employed by professional men on each occasion, whether they have any meaning or whether they have none /analogy to the things signified./ In Blackstone we find a class of offences, called misprisions and contempts. Misprisions he says are contempts: Misprisions and Contempts, are therefore contempts and contempts: Misprisions are either negative or positive. The negative not one of which are indicative in the smallest degree of any such sentiment as that of contempt on the part of any body towards any body, consist solely of non-delation and non-information, as above described /defined/.

In this sense there is misprision of treason /in Blackstones language concealment of treason/: there is also misprision of felony: concealment of felony: but whether it is that inferior offences are not concealable /capable of being concealed/ or that the concealment of them is not punishable, it does not appear from Blackstone at least that there is misprision of any thing else that is to say of any other sort of offence.

A sort of negative misprision however there is Conceal t of Treason True is[?] Embezzlement on the part of the Tudors Mispris. [...?]