being an evil disposed person, and disregarding the statute in that case made and provided, on the said, &c. at the said, &c. upon colour and pretence of the said C. D. having committed a certain offence against a certain penal law in this, to wit, that the said C. D. had before that time caused a certain waggon of him the said C. D. drawn by more than four horses, to wit, by five horses, to travel and pass upon a certain turnpike road in, &c. aforesaid, the fellies of the wheels of the same waggon at the time the same so passed along the same road being of less breadth and gage than nine inches from side to side, contrary to a certain statute in that case made and provided, did unlawfully and for wicked gain's sake, and without the order and consent of any of our said lord the king's courts at Westminster, take upon himself to make composition with the said C. D. for the said supposed offence last mentioned and did then and there take and receive of and from the said C. D. a large sum of money, to wit, ten pieces of gold coin of the proper coin of this kingdom, called guineas, of the value of £10. 10s. of lawful money of G. B. as and for a reward for his the said T. N.'s forbearing to prosecute the said T. B. for the said last mentioned supposed offence, against the form, &c. and against the peace, &c. ney to com That C. D. &c. &c. being an evil disposed person, and not Upon 18 regarding the statute in such case made and provided, nor Eliz. c. 5. főr fearing the pains and penalties therein contained, heretofore, taking moto wit, on, &c. with force and arms at, &c. upon and by colour pound a qui and pretence of a certain matter of offence, then and there pre- tam action. tended to have been committed by one E. F. against a certain (§) penal law, i. e. by and upon colour and pretence that the said E. F. being a person vending and exposing to sale gloves and mittins by retail, had not caused the words "dealer in [231] gloves" to be painted or written in large or legible characters over the door of the said shop, but had neglected so to do, against the form of a certain statute made and passed in the 25th year of the reign of his present majesty, entituled an act, &c. [set forth the title of the act,] unlawfully, wilfully and corruptly did compound and agree with the said E. F. who was then and there surmised to have offended against the same statute in manner aforesaid, for the said pretended offence, and did thereupon then and there take of and from the said E. F. a certain sum of money, to wit, the sum of £-. of lawful, &c. as and by way of composition for the said pretended offence, and in order to prevent an information from being laid against the said E. F. for the same, without the consent of any of his majesty's courts at Westminster, and without any lawful authority for so doing, to the great hindrance and obstruc (s) Made perpetual by 27 Eliz. c. 16. and 31 Eliz. c. 5. On 18 Eliz. tion of public justice, in contempt, &c. to the evil example, &c. against the form, &c. and against the peace, &c. That A. B. late of, &c. being an evil disposed person, and c. 5. for com- disregarding the statute in that case made and provided, herepounding a penal action, tofore, to wit, on, &c. at, &c. upon colour and pretence that the penalty one C. D. after the 1st day of August, which was A. D. 1791, having been had, contrary to the form of the statute in that case made and incurred by evading the provided, written and signed divers receipts, discharges and stamp duties acquittals given, and each and every one thereof for and upon on a receipt. the payment of money, and each one thereof at the time of the writing and signing thereof liable to the stamp duty imposed and charged by a certain act of parliament, made and passed in the 31st year, &c. without the said receipts, discharges and acquittals, or any of them being first duly stamped or marked with a proper stamp or mark, or with any stamp or mark resembling the same, did, without process and without order and consent of any of his majesty's courts at Westminster, procure, obtain and take from the said C. D. as well a consent and order of the said C. D. for the discharge of the said A. B. from and out of the custody of the marshal of the marshalsea of our lord the king before the king himself in a certain action then depending in the said court, at the suit of the said C. D. against the said A. B. for a certain large sum of money, to wit, a debt of, and upwards, then due and owing from the said A. B. to the said C. D. in which said action the said defendant was there a prisoner in the custody of the marshal of the marshalsea of our said lord the king, before the king himself, as also a discharge and release by the said C. D. from a great part, to wit, -, part of the said debt, as and for a reward to the said A. B. not to cause or procure the said C. D. to be prosecuted for the said supposed offences, against the form of the statute in that case made and provided, to the evil example, &c. and against the peace, &c. Second count like the first, only insert[*232] ing* instead of the words in italic the following, viz. made , composition with the said C. D. for his said supposed offences by then and there procuring and obtaining, &c. FOR MISPRISION OR CONCEALMENT OF FELONY. For mispriThat P. P. [here set out the offence by the original offender sion of felo- by a felonious stealing, as usual, and then proceed as follows.] ny. (t) And the jurors, &c. do further present, that W. B. late of, (t) This indictment was settled by offence, see ante, 1 vol. 3 and 4. a very able crown lawyer. As to this &c. being a person of a wicked, dishonest, and evil mind and disposition, and well knowing the premises, and also well knowing the name and person and usual place of resort of the said P. P. but devising and intending as much as in him lay, to obstruct and hinder the due course of law and justice, and to cause the said P. P. to go and escape unpunished for the said offence so by him committed as aforesaid, afterwards, to wit, on, &c. aforesaid, at the said, &c. unlawfully, maliciously, wickedly, wilfully, and contemptuously did conceal, keep secret, and neglect to discover the said felony so committed by the said P. P. as aforesaid, and the name, person, and usual place of resort of the said P. P. did utterly refrain and forbear to disclose and make known, in contempt of our said lord the king and his laws, to the evil example, &c. and against the peace, &c. Note, there were five other counts, each of them separately alleging the goods stolen to be the property of different persons, but in other respects the same as the first count. BARRETRY. That C. B. late of, &c. on, &c. and on divers other days and Indictment times as well before as afterwards, was, and yet is a common for Barretry. (u) Hawk. b. 2. c. 81. s. 6. for them. (u) See other Precedents. Williams, J. Barretors. Cro. C. C. 206. 7 Ed. 2 Stark. 680. West. indictments, s. 75. 257. 338. Trem. P. C. 224.-The offence. As to this offence in general see 2 Saund. 308. n. 1. Hawk. b. 1. c. 81.-4 Bla. Com. 134. Burn J. Barretry. Williams J. Barretors.Barretry is an offence at common law, though 34 Edw. 3. c. 1. directs the mode of punishing it. 2 Saund. 308. n. 1. See also, Eliz. c. 2. 3 Edw. I. c. 33. It signifies the habitual moving, exciting, or maintaining suits and quarrels, either at law or otherwise. All kind of disturbances of the peace, spreading false rumours, and calumnies, &c. come under this denomination, Co. Lit. 368. But a man cannot be thus guilty in respect of a single act, Hawk. b. 1. c. 81. s. 5. 2 Saund. 308. n. 1. Nor can an attorney be indicted for this crime, merely from maintaining another in a groundless action, 3 Mod. 97, 8. It has been said that feme coverts can. not be thus indicted, 2 Rol. Rep. 39, but the better opinion seems to be otherwise, for as they are able to excite quarrels they ought to answer Grim. Law. [*233] barretor ;* (x) and that he the said C. B. on the said, &c. and on divers other days and times at, &c. aforesaid, divers quarrels, strifes, suits, and controversies among the honest and quiet liege subjects of our said lord the king, then and there did move, procure, stir up, and excite, to the evil example, &c. and common nuisance of the liege subjects of our said lord the king (y) and also against the peace, &c. (z) [*234] For maintenance of an action of debt. (a) MAINTENANCE. That* A. O. late of, &c. on, &c. with force and arms, at, &c. aforesaid, did unjustly and unlawfully maintain and uphold a certain suit which was then depending in the court of our said lord the king before the king himself, between A. P. plaintiff and A. D. defendant, in a plea of debt, on the behalf of the said A. P. against the said A. D. contrary to the form of the statute (b) in such case made and provided, and to the manifest hindrance and disturbance of justice, and in contempt, &c. to the great damage of the said A. D. and against the peace, &c. peace have authority to try and determine this offence by virtue of their commission, Yelv. 46. Cro. Jac. 32. Punishment. Common persons, convicted of this offence, are punishable by fine and imprisonment. Hawk. b. 2. c. 81. s. 14. But if they belong to the profession of the law they will be disabled from practising in future, id. ibid. And by 12 Geo. I. c. 29. s. 4. if any one who has been convicted of common barretry practise as an attorney, solicitor, or agent in any suit, the court upon complaint shall examine it in a summary way, and if proved shall direct the offender to be transported for seven years. (x) These words are absolutely requisite, and cannot be supplied by any words which have the same sig. nification, 1 Sid. 282. 6. Mod. 311. 2 Saund. 308. n. 1. (y) The indictment must state this in the conclusion, 2 Stra. 1246. (z) This is material, Cro. Jac. 527. 2 Saund. 308. n. 1. The indictment need not conclude "contrary to the form," &c. but if it does it will not be vitiated by that allegation; as, though the offence existed at common law, the mode of trial is regulated by statute, Cro. Eliz. 148. Cro. Car. 340. Cro. C. C. 8th Ed. 40. (a) See Precedents. tenance. 2 Stark, 678. Burn J. MainTrem. P. C. 178. Winch. 504. 538. West. 89. 137. 312, 313. 351. Herne, 493, 4. Rast. Ent. 431. Co. Ent. 364, 5.-The of fence. See, in general, Hawk. b. 2. c. 83. Com. Dig. Maintenance. 4 Bla. Com. 134, 5. Burn J. Maintenance. Williams J. Maintenance. 4 Term Rep. 340. Maintenance signi fies a malicious, or at least officious, interference in a pursuit in which the party has no interest, to assist either with money or advice to prosecute or defend the action, 4 Bla. Com. 134, 5. Hawk. b. 2. c. 83. 4 T. R. 340. Maintenance is an offence at common law, Hawk. b. 2. c. 83. s. 38. and further prohibited, on pain of fine and imprisonment, by 1 Edw. III. c. 14. 20 Edw. III. c. 4. 1 Rich. II. c. 4. 32 Hen. VIII. c. 9. Champerty is an offence of a similar description, but of greater atrocity, being a bargain to divide the land (campum partire) or other subject in dispute, on condition of his carrying it on at his own expense, 4 Bla. Com. 135. It is subject to the same punishment with maintenance, id. ibid. See also Com. Dig. Maintenance, Bac. Ab. Champerty. Burn J. Maintenance, and Williams J. Maintenance. (6) See the statutes referred to in note (a) supra. In the next precedent the indictment concludes against the form of the statutes in the plural. of an action That one L. P. late of, &c. yeoman, on, &c. and for the space The like for of one whole year then next following at Westminster, in the maintenance county of Middlesex, maintained a certain action then pending of ejectment in the court of our said lord the king of his exchequer, before in the exchehis barons of the said exchequer, between one C. W. plaintiff, quer and bill and one D. L. defendant, of a plea of trespass and ejectment in equity. (c) of farm, of one hundred acres of land, &c. to the great damage of the said C. W. in contempt of our said lord the king and his laws, against the form of the statutes, &c. and against the peace, &c. [Second count,] maintained on the part of D. J. and W. J. a certain suit by English bill, in the court of chancery of our said lord the king at Westminster in the county of Middlesex, pending between D. J. and W. J. the complainants, and D. L. the defendant of and concerning the title to the [*235] said tenements, in contempt, &c. against the form, &c. and against the peace, &c. FOR DISSUADING A WITNESS TO GIVE EVIDENCE. That on, &c. a certain writ of our said lord the king called Dissuading a a subpoena ad testificandum, had been and was duly issued and witness from tested by and in the names of C. D. of, &c. at, &c. the same dence against giving eviday and year aforesaid, the said C. D. then and there being a person incustos rotulorum in and for the said county, which said writ dicted. (d) was directed to E. S. and G. H. by which said writ our said lord the king commanded, &c. (recite the writ.) And the jurors, &c. do further present, that a copy of the said writ was on, &c. at &c. duly served on the said I. K. who then and there had notice to appear and give evidence according to the exigency of such writ, and that the evidence of said I. K. at the time of issuing the said writ, and from thence until and upon the said, &c. therein mentioned, was material and necessary to have been given before the said grand jury on the said bill of indictment, so to be preferred against the said A. B. as aforesaid, and that at the sessions of the peace holden by adjournment at Saint Mary Newington aforesaid, in and for the said county of Son, &c. aforesaid, such bill of indictment was preferred against the said A. B. to and before a certain grand jury then and there duly assembled in that behalf. And (c) See notes to last precedent, and Trem. P. C. 178. (d) This is an offence indictable at common law, Hawk. b. 1. c. 21. s. 15. The mere attempt to stifle evidence is also criminal, though the persuasion should not succeed, on the general principle now fully established, that an incitement to commit any |