Treasure trove.

Other offences against the government

any one finding them of counterfeit coin or tolls; for the search for the same; and for their ultimate delivery to the officers of the Mint or other persons duly authorized to receive them (c).

CONCEALMENT OF TREASURE TROVE.

Treasure trove, that is, treasure found hid in (not upon) the earth, belongs to the sovereign or his grantees. The offence of concealing it was formerly punishable by death; now by fine and imprisonment (d).

A variety of other offences affecting the sovereign and government, and thence called contempts or high and sovereign. misdemeanors, might be noticed, but it will suffice here merely to mention them, referring for a fuller notice to Blackstone's Commentaries. Contempts against the sovereign's title, as the denial of his right to the crown; against his person and government, as drinking to the pious memory of a traitor; against his prerogative, as by disobeying his lawful commands; against his palaces or courts of justice, as by fighting in either; maladministration of high offices; embezzling the public money; selling public offices. These are generally punishable by fine and imprisonment, but are rarely made the subject of indictment, unless they fall within the province of some other crime.

Præmunire.

The subject of Præmunire may also be dismissed very summarily. The offence originally consisted in introducing a foreign power into the land, through obeying papal bulls and processes. The punishment for this was considered something terrible, the offender being put out of the king's laws and protection, his lands and goods forfeited, and himself imprisoned during the king's pleasure. These penalties of præmunire were

(c) s. 27.

(d) R. v. Thomas, 33 L. J. (M.C.) 22.

afterwards by different statutes applied to other great offences, some having no connection with the original crime, for example, to restrain the importation or making of gunpowder (e). But, some of the statutes having become obsolete and others having been repealed, prosecutions of this nature are never now heard of. The reader will find a discursive treatment of the subject in Blackstone, or his modern editors (ƒ).

16 Car. 1, c. 21.

(ƒ) 4 Bl. 103; 4 St. Bl. 181.

Grounds on which the

CHAPTER III.

OFFENCES AGAINST RELIGION.

ON what grounds does the state arrogate to itself the state punishes right of punishing offences against Religion? Ceroffences against tainly not as the minister of God. The state has obreligion. served that certain acts or courses of conduct, which are forbidden by religion, are also productive of disorder and mischief to the community. It has therefore provided for the punishment of those that offend, not in consequence of the breach of the law of God, but as the result of the breach of the law of the country. That the state does not consider itself under an obligation to enforce the law of morality, as such, is obvious from the fact that mere lying and other acts of immorality are not within the pale of the criminal law. This violation of human law is the true ground of interference, though in some of the offences we shall notice it is impossible to shut our eyes to the fact that in early times the legislators did to some extent consider themselves authorized to punish mere irreligion.

A postacy.

APOSTACY-BLASPHEMY.

Apostacy, or the total renunciation of Christianity, was for a long period punished by the ecclesiastical courts only, at one time the punishment they awarded being death. Later, however, the civil power thought it necessary to interfere, "by not admitting those miscreants to the privilege of society who maintained such principles as destroyed all moral obligations" (g).

(g) 4 Bl. 44.

It was provided that if any one educated in, or having made profession of the Christian religion, by writing, printing, teaching, or advised speaking, maintains that there are more Gods than one, or denies the Christian religion to be true, or the Holy Scripture to be of divine authority, for the second offence, besides being incapable of bringing an action, or being guardian, executor, legatee, or grantee, must suffer imprisonment for three years without bail (h). There shall be no prosecution for such words spoken, unless information of such words be given on oath before a justice within four days after they are spoken, and the prosecution be within three months after such information (). The offender is to be discharged, if, within four months after his first conviction, he renounces his error (j).

Blasphemy is also punishable at common law by fine Blasphemy. and imprisonment. Christianity, as it is said, is a part of the law of England, and a gross outrage against it is to be punished by the state. The offences include not only the blasphemous libels by one who has been attached to the Christian religion and has apostatized, as to which we have seen particular provisions have been made, but also denying, whether orally or by writing, the being or providence of the Almighty, contumelious reproaches of our Lord and Saviour Christ, profane scoffing at the Holy Scriptures, or exposing any part thereof to contempt or ridicule (k). But the disputes of learned men upon particular points of religion are not punished as blasphemy (1). blasphemy (). It remains. merely to add that the law is rarely put in force, and then only because the libel is of a most extravagant

nature.

(h) 9 & 10 Wm. 3, c. 32, s. 1; in the Revised Statutes, c. 35.

(i) Ibid. s. 2.

(j) Ibid. s. 3.

(k) v. 3 Russ. 193.

(For cases v. Arch. 839.

Offences relating to

public worship.

Witchcraft, &c.

DISTURBING PUBLIC WORSHIP.

Any person wilfully and maliciously or contemptuously disturbing any lawful meeting of persons assembled for public worship, or molesting the person officiating or any of those assembled, upon proof by two or more credible witnesses before a magistrate, must answer for such offence at the sessions, and upon conviction is fined forty pounds (m). Riotous, violent, or indecent behaviour is also punishable on summary conviction (n).

WITCHCRAFT, SORCERY, ETC.

Punishment (generally death) for these supposed evil practices belonged to a state of society different from ours. It is only about a century and a half, however, since an Act was passed to the effect that prosecutions for such practices should cease; at the same time making punishable by imprisonment persons pretending to use witchcraft, tell fortunes, or discover stolen goods by skill in any occult or crafty science (o). Palmistry, &c. By a later statute, persons using any subtle craft, means, or device, by palmistry, or otherwise to deceive Her Majesty's subjects, are dealt with in their true character, namely, as rogues and vagabonds, and are punishable by imprisonment (p).

Swearing.

Under this head may be noticed the case of Religious Impostors, who are punishable by fine and imprison

ment.

Two offences dealt with by the magistrates may be noticed here briefly :

Profane swearing is punishable on summary conviction by fine (q).

(m) 52 Geo. 3, c. 155, s. 12.

(n) v. 23 & 24 Vict. c. 32, s. 2.

(0) 9 Geo. 2, c. 5.

(p) 5 Geo. 4, c. 83, s. 4.

(2) v. 19 Geo. 2, c. 21.