BOOK IV. 10. Of a nature fomewhat fimilar to the two laft is the of fence of theft-bote, which is where the party robbed not only knows the felon, but also takes his goods again, or other [134] amends, upon agreement not to profecute. This is frequent ly called compounding of felony, and formerly was held to make a man an acceffary;. but is now punished only with fine and imprisonment1. This perverfion of justice, in the old Gothic conftitutions, was liable to the most severe and infamous punishment. And the Salic law, "latroni eum fi"milem habuit, qui furtum celare vellet, et occulte fine judice compofitionem ejus admittere." By ftatute 25 Geo. II. c. 36. even to advertise a reward for the return of things ftolen, with no questions asked, or words to the fame purport, fubjects the advertiser and the printer to a forfeiture of 50%. each. cr 11. COMMON barretry is the offence of frequently exciting and stirring up fuits and quarrels between his majefty's fubjects, either at law or otherwifes. The punishs1 Hawk. P. C. 243. 91 Hawk. P. C. 125. Stiernh. de jure Gotb. 1. 3. c. 5. duces the conviction of two perfons guilty of buying or receiving ment ment for this offence, in a common perfon, is by fine and imprisonment: but if the offender (as is too frequently the cafe) belongs to the profeffion of the law, a barretor, who is thus able as well as willing to do mifchief, ought also to be disabled from practising for the future. And indeed it is enacted by ftatute 12 Geo. I. c. 29. that if any one, who hath been convicted of forgery, perjury, fubornation of perjury, or common barretry, fhall practise as an attorney, solicitor, or agent, in any fuit; the court, upon complaint, shall examine it in a fummary way; and, if proved, shall direct the offender to be tranfported for seven years. Hereunto may also be referred another offence, of equal malignity and audacioufnefs; that of fuing another in the name of a fictitious plaintiff: either one not in being at all, or one who is ignorant of the fuit. This offence, if committed in any of the king's fuperior courts, is left, as a high contempt, to be punished at their discretion. But in courts of a lower degree, where the crime is equally pernicious, but the authority of the judges not equally extenfive, it is directed by ftatute & Eliz. c. 2. to be punished by fix months imprisonment, and treble damages to the party injured. 12. MAINTENANCE is an offence that bears a near relation to the former; being an officious intermeddling in a suit that no way belongs to one, by maintaining or affifting either [135] party with money or otherwife, to profecute or defend it": a practice that was greatly encouraged by the first introduction of ufes w. This is an offence against public justice, as it keeps alive ftrife and contention, and perverts the remedial procefs of the law into an engine of oppreffion. And therefore, by the Roman law, it was a fpecies of the crimen falfi to enter into any confederacy, or do any act to support another's lawfuit, by money, witneffes, or patronage *. man may however maintain the fuit of his near kinfman, fervant, or poor neighbour, out of charity and compaffion, with 'impunity. Otherwife the punishment by common law is fine t I Hawk. P. C. 244. u Hawk. P. C. 249. w Dr. & St. 203. L 2 and and imprisonmenty; and by the ftatute 32 Hen. VIII. c. 9. a forfeiture of ten pounds. 13. CHAMPERTY, campi-partitio, is a fpecies of maintenance, and punished in the fame manner: being a bargain with a plaintiff or defendant campum partire, to divide the land or other matter fued for between them, if they prevail at law; whereupon the champertor is to carry on the party's fuit at his own expence. Thus champart, in the French law, fignifies a fimilar divifion of profits, being a part of the crop annually due to the landlord by bargain or custom. In our fenfe of the word, it fignifies the purchafing of a fuit, or right of suing: a practice fo much abhorred by our law, that it is one main reafon why a chofe in action, or thing of which one hath the right but not the poffeffion, is not affignable at common law; because no man fhould purchase any pretence to fuc in another's right. Thefe pefts of civil fociety, that are perpetually endeavouring to disturb the repose of their neighbours, and officiously interfering in other men's quarrels, even at the hazard of their own fortunes, were feverely animadverted on by the Roman law: "qui "improbe coeunt in alienam litem, ut quicquid ex condemna«tione in rem ipfius reda&tum fuerit inter eos communicaretur, "lege Julia de vi privata texentur," and they were punished by the forfeiture of a third part of their goods, and perpe[136tual infamy. Hitherto alfo must be referred the provision of the ftatute 32 Hen. VIII. c. 9. that no one shall fell or pur chafe any pretended right or title to land, unless the vender hath received the profits thereof for one whole year before such grant, or hath been in actual poffeffion of the land, or of the reverfion or remainder; on pain that both purchafor and vendor fhall each forfeit the value of fuch land to the king and the profecutor. These offences relate chiefly to the commencement of civil fuits: but 14. THE compounding of informations upon penal ftatutes, are an offence of an equivalent nature in criminal causes; a Stat. of confgirat. 33 Edw. I. Ff. 48. 7. 6. Y 1 Hawk. P. C. 255. Ibid. 257. and and are, befides, an additional mifdemefnor against public justice, by contributing to make the laws odious to the people. At once therefore to difcourage malicious informers, and to provide that offences, when once discovered, shall be duly profecuted, it is enacted by ftatute 18 Eliz. c. 5. that if any perfon, informing under pretence of any penal law, makes any compofition without leave of the court, or takes any money or promife from the defendant to excufe him, (which demonftrates his intent in commencing the profecution to be merely to ferye his own ends, and not for the public good) (3) he fhall forfeit 10l. fhall ftand two hours on the pillory, and fhall be for ever difabled to fue on any popular or penal statute. 15. A CONSPIRACY alfo to indict an innocent man of felony falfely and maliciously, who is accordingly indicted and acquitted, is a farther abuse and perversion of public justice ; for which the party injured may either have a civil action by writ of confpiracy, (of which we spoke in the preceding book,) or the confpirators, for there must be at least two to form a confpiracy, may be indicted at the fuit of the king, and were by the antient common law to receive what is called the villenous judgment; viz. to lose their liberam legem, whereby they are difcredited and disabled as jurors or witnesses; to forfeit their goods and chattels, and lands for life; to have thofe lands wafted, their houses razed, their trees rooted up, and their own bodies committed to prifon . But it now is the better opinion, that the villenous judgment is by long disuse become obsolete; it not having been pronounced for [ 137 ] fome ages: but instead thereof the delinquents are ufually fentenced to imprifonment, fine, and pillory (4). To this head c See Vol. III. pag. 126. d Bro. Abr. tit. conspiracy. 28; e 1 Hawk. P. C. 193. (3) But this fevere ftatute extends even to penal actions, where the whole penalty is given to the prosecutor. (4) Every confederacy to injure individuals, or to do acts which are unlawful, or prejudicial to the community, is a confpiracy. Journey. L3 may be referred the offence of fending letters, threatening to accuse any person of a crime punishable with death, transportation, pillory, or other infamous punishment, with a view to extort from him any money or other valuable chattels. This is punishable by ftatute 30 Geo. II. c. 24. at the difcretion of the court, with fine, imprisonment, pillory, whipping, or transportation for seven years. 16. THE next offence against public justice is when the fuit is past it's commencement, and come to trial. And that is the crime of wilful and corrupt perjury; which is defined by fir Edward Cokef, to be a crime committed when a lawful oath is administered, in fome judicial proceeding, to a perfon who swears wilfully, abfolutely, and falfely, in a matter material to the iffue or point in queftion. The law takes no notice of any perjury but fuch as is committed in some court of justice, having power to administer an oath; or before fome magiftrate or proper officer, invefted with a fimilar authority, in fome proceedings relative to a civil fuit or a criminal prosecution: for it efteems all other oaths unneceffary at least, and therefore will not punish the breach of them (5). f 3 Inft. 164. Journeymen who refufe to work, in confequence of a combination, till their wages are raised, may be indicted for a confpiracy. 1 Leach. Hawk. 348. One person alone cannot be guilty of a confpiracy; but one person may be prosecuted for having conspired with others, and may be tried and convicted alone. 1 Str. 193. In a profecution for a confpiracy, the actual fact of conspiring need not be proved, but it may be inferred from circumstances, and the concurring conduct of the defendants. 1 Bl. Rep. 392. A confpiracy has been faid to be comprehended under the denomination of crimen falfi, and a perfon convicted of it is held to be rendered an incompetent witnefs. Leach. 349. But will this principle apply to confederacies, the designs of which are not to injure by fraud or falfehood, but by open violence? (5) It is remarkable that the house of commons have no power to administer an oath, except in those particular instances in which |