High misdemeanor
Encyclopedia
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.
Statutes refer to particular crimes as being high misdemeanors:
Blackstone
describes a number of offences as being high misdemeanors, for example:
A number of statutory references to high misdemeanors have subsequently been repealed, including:
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
for a number of positive misprisions, neglects and contempts. A good example of this is treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. The most important example being that of maladministration
Maladministration
Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice.The law in the United Kingdom says Ombudsman must investigate ‘maladministration’...
in high office.
Examples in English Law
A number of United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
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 SovereignMonarchA monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
- Where a Roman Catholic advises the Crown on the appointment to offices of the Established Church
- Where a Jew advises the Crown on the appointment to offices of the Churches of EnglandChurch of EnglandThe Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, IrelandChurch of IrelandThe Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
and ScotlandChurch of ScotlandThe Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
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 officerReturning OfficerIn various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
for corrupt practices during an election to the Parliament of IrelandParliament of IrelandThe Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...