High Misdemeanor is an archaic term in English Law for a number of positive misprisions, neglects and contempts. A good example of this is treason. The most important example being that of maladministration in high office.
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Examples in English Law
A number of United Kingdom Statutes refer to particular crimes as being high misdemeanors:
- Discharging or aiming firearms, or throwing or using any offensive matter or weapon, with intent to injure or alarm the Sovereign [1]
- Where a Roman Catholic advises the Crown on the appointment to offices of the Established Church [2]
- Where a Jew advises the Crown on the appointment to offices of the Churches of England, Ireland and Scotland [3]
Blackstone describes a number of offences as being high misdemeanors, for example:
- treasonable words
- receiving stolen goods
- prison break
- maladministration of high office
- firing of one's house in a town
A number of statutory references to high misdemeanors have subsequently been repealed, including:
- The conviction of a Returning officer for corrupt practices during an election to the Parliament of Ireland [4]
References
Notes
- ^ Section 2, Treason Act 1842
- ^ Section 18, Roman Catholic Relief Act 1829
- ^ Section 4, Jews Relief Act 1858
- ^ Section 25, Parliamentary Elections (Ireland) Act 1820 and Section 75, Parliamentary Elections (Ireland) Act 1823
See also
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