High misdemeanor
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High misdemeanor is an archaic term in
English Law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...
for a number of positive misprisions, neglects and contempts. A good example of this is
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
. The most important example may be that of maladministration in high office.


Examples in English law

A number of
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made ...
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 ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
* 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
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
,
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
and
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
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 In 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 ...
for corrupt practices during an election to the
Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two ch ...


See also

*
High crimes and misdemeanours The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds th ...


Notes

* Section 2,
Treason Act 1842 The Treason Act 1842 (5 & 6 Vict. c.51) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It was passed early in the reign of Queen Victoria. The last person to be convicted under the Act was Marcus Sarjeant in 198 ...
* Section 18,
Roman Catholic Relief Act 1829 The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
* Section 4,
Jews Relief Act 1858 The Jews Relief Act 1858, also called the Jewish Disabilities Bill, is an Act of the Parliament of the United Kingdom which removed previous barriers to Jews entering Parliament, a step in Jewish emancipation in the United Kingdom.
* {{note, pei Section 25, Parliamentary Elections (Ireland) Act 1820 and Section 75,
Parliamentary Elections (Ireland) Act 1823 A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...


References

*''
Halsbury's Laws of England ''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authoriti ...
'' *Blackstone's ''
Commentaries on the Laws of England The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volum ...
'' English law