of Jesus Christ, or profane scoffing at the Holy Scriptures or exposing any part thereof to hatred and ridicule. But blasphemy consists not in an honest questioning of the truths of the Christian religion, but in a wilful intention to pervert, insult, and mislead others by means of licentious and contumelious abuse applied to sacred subjects (r). Publications which, in an indecent and malicious spirit, assail and asperse the truth of Christianity, or of the Scriptures, in language calculated and intended to shock the feelings and outrage the belief of mankind, are properly regarded as blasphemous libels (s). But the disputes of learned men upon particular points of religion are not punished as blasphemy. The law is rarely put in force, and then only when the libel is of a most extravagant or outrageous nature.

DISTURBING PUBLIC WORSHIP.

Any person wilfully and maliciously or contemptuously disturbing any lawful meeting of persons assembled for religious 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 quarter sessions, and upon conviction is fined forty pounds (t). Riotous, violent, or indecent behaviour in a place of worship, otherwise called "brawling," is punishable on summary conviction by a fine of five pounds or imprisonment for two months (u).

A similar offence is that committed by a person who, in any churchyard or graveyard in which parishioners have a right of burial, under the Burial Laws Amendment Act, 1880, delivers an address not being part of or incidental to a religious service permitted by that Act, and not otherwise permitted by any lawful authority, or who in any such place wilfully endeavours to bring into contempt or obloquy the

(r) R. v. Ramsay, [1883] 48 L. T. N. S. 733; 15 Cox, 231; R. v. Boulter, [1908] 72 J. P. 188.

(8) R. v. Bradlaugh, [1883] 15 Cox, 217.

(t) 52 Geo. III. c. 155, s. 12.

(u) v. 23 & 24 Vict. c. 32, s. 2. See also post, p. 179.

Christian religion, or the belief or worship or the members or any minister of any Church or denomination of Christians, or is guilty of any riotous, violent, or indecent behaviour at any burial under the Act, or wilfully obstructs such a burial. These offences are misdemeanours (w).

MISCELLANEOUS.

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

Profanation of the Sabbath is also under certain circumstances an offence. A statute of Charles II. provides that no person may do any work of his ordinary calling upon the Lord's Day, works of necessity and charity only excepted, under penalty of five shillings. Nor may any one expose to sale any wares, on penalty of forfeiting his goods; nor may drovers, &c., travel, under a penalty of twenty shillings (y). But no prosecution for such offence may now be commenced without the consent of the chief officer of police of the district, or of two justices, or of a stipendiary magistrate (~).

Places of entertainment, amusement, or debate, open on Sunday, admission to which is paid for, are to be deemed disorderly houses, and the keeper fined or imprisoned (a). The Crown is now, however, empowered to remit the penalties (b).

Fortune-telling, &c.-By an Act of 1735 (c), the old penalties of the common law for witchcraft were abolished. But by the same Act it was made punishable by twelve months' imprisonment to undertake to tell fortunes or to pretend, from skill in any occult or crafty science, where lost

(w) 43 & 44 Vict. c. 41, s. 7. (x) 19 Geo. II. c. 21.

(y) 29 Car. II. c. 7.

v. also p. 179.

(z) 34 & 35 Vict. c. 87; the section making this Act temporary was repealed by 56 & 57 Vict. c. 54.

(a) 21 Geo. III. c. 49, s. 1; v. Terry v. The Brighton Aquarium Company, [1875] L. R. 10 Q. R. 306; 44 L. J. M. C. 173; 32 L. J. N. S. 458.

(b) 38 & 39 Vict. c. 80.

(c) 9 Geo. II. c. 5.

or stolen goods could be found. This Act, however, is practically superseded by the Vagrancy Act, 1824 (d), under which every person is summarily punishable as a rogue and vagabond who pretends to tell fortunes or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose.

(d) 5 Geo. IV. c. 83; v. p. 127.

CHAPTER IV.

OFFENCES AGAINST PUBLIC JUSTICE.

IN the first place we shall treat of that class of offences against public justice which consist in avoiding, or assisting another to avoid, lawful custody or the punishments awarded by a Court of Justice.

ESCAPE.

The offence of escape is committed (i) by a prisoner who, without the use of force, escapes from custody or prison; (ii) by a custodian who allows a prisoner to escape.

If a prisoner, whether innocent or guilty, escapes without force from lawful custody, whether the escape is made from gaol or in transit thereto, he is guilty of a common law misdemeanour and punishable by fine and imprisonment (e).

Officers who, after an arrest, negligently allow a prisoner to escape, are punishable with a fine (f); if they voluntarily permit it, they are deemed guilty of the same offence, and are liable to the same punishment as the prisoner who escapes from their custody, and this whether the latter has been committed to gaol or is only under bare arrest. But the officer cannot be thus punished for a felony until after the original offender has been convicted. Before the conviction, however, he may be fined and imprisoned as for a misdemeanour. Allowing an escape is only punishable criminally

(e) Archbold, 1113.

(f) Or, according to some authorities, by fine and imprisonment; v. Archbold, 1117.

if the original imprisonment were for some criminal matter. If the prisoner is in custody for and is guilty of felony, the officer is also punishable as an accessory after the fact.

Private individuals having persons lawfully in their custody, who negligently allow an escape, are punishable by fine and imprisonment; if voluntarily, they are punishable as an officer would be under the same circumstances. It is the duty of a private individual to deliver over to an officer any person whom he has lawfully arrested. Aiding in the escape of a prisoner from a prison, other than a convict, military, or naval prison (g), or, with intent so to aid, conveying to him a mask, disguise, instrument, or any other thing, is a felony punishable with imprisonment to the extent of two years (h). Aiding a prisoner in custody for treason or felony to make his escape from prison, or from the constable or officer conveying him under a warrant to prison, is a felony punishable with penal servitude to the extent of seven years (i). Aiding a prisoner of war to escape is a felony punishable with penal servitude for life (k).

BREACH OF PRISON.

This offence consists in the escape from lawful custody by the use of any force. The consequences vary according to the crime for which the prisoner is in custody. If he is in custody for treason or felony, the breach is also felony (1), and punishable by penal servitude to the extent of seven years. If he is in custody for any other offence, the breach is a misdemeanour, and punishable by fine and imprisonment. There seems also to be this difference between the two casesin the first it must be proved that the prisoner escaped; in the second this is not necessary.

(g) As to these, see the statutes quoted in Arch. 1116.

(h) 28 & 29 Vict. c. 126, s. 37.

(i) 16 Geo. II. c. 31, s. 3; 54 & 55 Vict. c. 69, s. 1, sub-s. 2.

(k) 52 Geo. III. c. 156; 54 & 55 Vict. c. 69, s. 1, sub-s. 2.

(1) 1 Edw. II. st. 2, c. 1, in Revised Statutes, 23 Edw. 1. Stat. de frang. pris.