Misprision - Definition - Law Dictionary Home Dictionary Definition misprision

Definition :

Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.

All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.

Misprisions are divided in the text-books into two kinds:-

(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any degree of assent, for any asset makes the party a principal; as the concealment, construed to be aiding and abetting, did at the Common Law; but it was enacted by st. 1 & 2 Ph. & M. c. 10, that a bare concealment of treason shall be only held a misprision. There must be two witnesses to support the case, 7 & 8 Wm. 3, c. 3; 1 Hale, P.C. 374; 4 Steph. Com.

Besides the last-described offence, the mere concealment of a felony is criminal, and is called misprision of felony; but if there be an assent, this makes the person assenting either a principal or accessory. Theftbote, and concealing treasure-trove, are each of them species of negative misprision, 4 Steph. Com.

(2) Positive, otherwise denominated contempts of high misdemeanours, such as the mal-administration of such high officers as are in public trust and employment, usually punishable by parliamentary impeachment; also, embezzlement of the public money, punishable by fine and imprisonment; also, such contempts of the executive magistrate as demonstrate themselves by some arrogant and undutiful behaviour towards the sovereign and government. And to endeavour to dissuade a witness from giving evidence, to dis-close an examination before the Privy Council, or to advise a prisoner to stand mute (all of which are impediments to justice), are high misprisions and contempts, punishable by fine and imprisonment. See 4 Bl. Com. 119 et seq.

Misprisions of clerks are mistakes made by clerks, etc., in writing or keeping records