other scale, in order to keep in awe the witnesses for the crown; on whom alone the prisoner's fate depends: so naturally does one cruel law beget another. But corporal and pecuniary punishments, exile and perpetual infamy, are more suited to the genius of the English law; where the fact is openly discussed between witnesses on both sides, and the evidence for the crown may be contradicted and disproved by [139] those of the prisoner. Where indeed the death of an innʊcent person has actually been the consequence of such wilful perjury, it falls within the guilt of deliberate murder, and deserves an equal punishment: which our antient law in fact inflicted'. But the mere attempt to destroy life by other means not being capital, there is no reason that an attempt by perjury should; much less that this crime should in all judicial cases be punished with death. For to multiply capital punishments lessens their effect, when applied to crimes of the deepest dye; and, detestable as perjury is, it is not by any means to be compared with some other offences, for which only death can be inflicted; and therefore it seems already (except, perhaps, in the instance of deliberate murder by perjury) very properly punished by our present law; which has adopted the opinion of Cicero, derived from the law of the twelve tables, "perjurii poena divina, exitium; humana, "dedecus."

79 Bribery

17. BRIBERY is the next species of offence against public justice; which is when a judge, or other person concerned in the administration of justice, takes any undue reward to influence his behaviour in his office'. In the east it is the custom never to petition any superior for justice, not excepting their kings, without a present. This is calculated for the genius of despotic countries; where the true principles of government are never understood, and it is imagined that there is no obligation from the superior to the inferior, no relative duty owing from the governor to the governed. The Roman law, though it contained many severe injunctions against

(i) Britton, c. 5. (k) De Leg.2.9. (1) 1 Hawk. P. C. 168.

against bribery, as well for selling a man's vote in the senate
or other public assembly, as for the bartering of common
justice, yet, by a strange indulgence in one instance, it tacitly
encouraged this practice; allowing the magistrate to receive
small presents, provided they did not in the whole exceed a
hundred crowns in the year : not considering the insinuating
nature and gigantic progress of this vice, when once admitted.
Plato therefore more wisely, in his ideal republic", orders
those who take presents for doing their duty to be punished
in the severest manner: and by the laws of Athens, he that
offered was also prosecuted, as well as he that received a
bribe. In England this offence of taking bribes is punish-
ed, in inferior officers, with fine and imprisonment; and in
those who offer a bribe, thongh not taken, the same P.
in judges, especially the superior ones, it hath been always
looked upon as so heinous an offence, that the chief justice
Thorp was hanged for it in the reign of Edward III. By
a statute 11 Hen. IV. all judges and officers of the king,
convicted of bribery, shall forfeit treble the bribe, be pu-
nished at the king's will, and be discharged from the king's
service for ever. And some notable examples have been made
in parliament, of persons in the highest stations, and other-
wise very eminent and able, but contaminated with this sordid
vice.

[ 140 ]

of an inferior officer

is fine and imprison

ment to both;

But but of a judge, &c.,

is forfeit of treble

the bribe, punish

will, and discharge.

ment at the king's

imprisonment, in-
famy, and forfei

ture.

18. EMBRACERY is an attempt to influence a jury cor- Embracery, is fine, 80 ruptly to one side by promises, persuasions, entreaties, money, entertainments, and the like. The punishment for the person embracing is by fine and imprisonment; and for the juror so embraced, if it be by taking money, the punishment is (by divers statutes of the reign of Edward III.) perpetual infamy, imprisonment for a year, and forfeiture of the tenfold value.

19. THE false verdict of jurors, whether occasioned by False verdiet is pu- 81 embracery or not, was antiently considered as criminal, and nished by attaint;

82 negligence of public officers, by fine, and

therefore exemplarily punished by attaint in the manner formerly mentioned.

20. ANOTHER offence of the same species is the negligence sometinies forfeiture of public officers, entrusted with the administration of justice,

of office;

[ 141 ]

S3 Oppression of judges, &c. by fine, forfeiture of office, imprisonment, &c.;

84 Extortion in an officer, by fine, imprisonment, and sometimes forfeiture of office.

as sheriffs, coroners, constables, and the like; which makes the offender liable to be fined; and in very notorious cases will amount to a forfeiture of his office, if it be a beneficial one. Also the omitting to apprehend persons, offering stolen iron, lead, and other metals to sale, is a misdemeanor, and punishable by a stated fine, or imprisonment, in pursuance of the statute 29 Geo. II. c. 30.

21. THERE is yet another offence against public justice, which is a crime of deep malignity; and so much the deeper, as there are many opportunities of putting it in practice, and the power and wealth of the offenders may often deter the injured from a legal prosecution. This is the oppression and tyrannical partiality of judges, justices, and other magistrates, in the administration and under the colour of their office. However, when prosecuted, either by impeachment in parliament, or by information in the court of king's bench, (according to the rank of the offenders) it is sure to be severely punished with forfeiture of their offices, (either consequential or immediate) fines, imprisonment, or other discretionary censure, regulated by the nature and aggravations of the offence committed.

22. LASTLY, extortion is an abuse of public justice, which consists in any officer's unlawfully taking, by colour of his office, from any man, any money or thing of value, that is not due to him, or more than is due, or before it is due". The punishment is fine and imprisonment, and sometimes a forfeiture of the office

(s) See vol. III. page 402, 403.

(t) 1 Hawk. P. C. 168.

(u) Ibid. 170.

WE

PUBLIC PEACE, are

E are next to consider offences against the public Offences against the 85 peace; the conservation of which is intrusted to the king and his officers, in the manner and for the reasons which were formerly mentioned at large a. These offences are either such as are an actual breach of the peace; or constructively so, by tending to make others break it. Both of these species are also either felonious, or not felonious. The felonious breaches of the peace are strained up to that degree of malignity by virtue of several modern statutes: and, particularly,

1. THE riotous assembling of twelve persons, or more, and not dispersing upon proclamation. This was first made high treason by statute 3 & 4 Edw. VI. c. 5. when the king was a minor, and a change in religion to be effected: but that statute was repealed by statute 1 Mar. c. 1. among the other treasons created since the 25 Edw. III; though the prohibition was in substance re-enacted, with an inferior degree of punishment, by statute 1 Mar. st. 2. c. 12. which made the same offence a single felony. These statutes specified and particularized

(a) Vol. I. page 118. 268. 350.

[145]

particularized the nature of the riots they were meant to suppress; as, for example, such as were set on foot with intention to offer violence to the privy council, or to change the laws of the kingdom, or for certain other specific purposes: in which cases, if the persons were commanded by proclamation to disperse, and they did not, it was by the statute of Mary made felony, but within the benefit of clergy; and also the act indemnified the peace officers and their assistants, if they killed any of the mob in endeavouring to suppress such riot. This was thought a necessary security in that sanguinary reign, when popery was intended to be re-established, which was like to produce great discontents: but at first it was made only for a year, and was afterwards continued for that queen's life. And, by statute 1 Eliz. c. 16. when a reformation in religion was to be once more attempted, it was revived and continued during her life also; and then expired. From the accession of James the first to the death of queen Anne, it was never once thought expedient to revive it: but, in the first year of George the first, it was judged necessary, in order to support the execution of the act of settlement, to renew it, and at one stroke to make it perpetual, with large additions. For, whereas the former acts expressly defined and specified what should be accounted a riot, the statute 1 Geo. I. c. 5. enacts, generally, that if any twelve persons are unlawfully assembled to the disturbance of the peace, and any one justice of the peace, sheriff, under-sheriff, or mayor of a town shall think proper to command them by proclamation to disperse, if they contemn his orders and continue together for one hour afterwards, such contempt shall be felony without benefit of clergy. And farther, if the reading of the proclamation be by force opposed, or the reader be in any manner wilfully hindered from the reading of it, such opposers and hinderers are felons without benefit of clergy: and all persons to whom such proclamation ought to have been made, and knowing of such hinderance, and not dispersing, are felons without benefit of clergy. There is the like indemnifying clause, in case any of the mob be unfortunately killed in the endeavour to disperse them; being copied

from