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which no regard is paid, it is no more penal than in the voluntary extra-judicial oaths before-mentioned. Subornation of perjury is the offence of procuring another to take such a false oath, as constitutes perjury in the principal. The punishment of perjury and subornation, at common law, has been various. It was anciently death; afterwards banishment, or cutting out the tongue; then forfeiture of goods; and now it is fine and imprisonment, and never more to be capable of bearing testimony.

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 England, this offence of taking bribes is punished, in inferior officers, with fine and imprisonment; and in those who offer a bribe, though not taken, the same. But in judges, especially the superior ones, it hath been always looked upon 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 punished at the king's will, and be discharged from the king's service for

ever.

18. Embracery is an attempt to influence a jury corruptly 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 Edw. III.) perpetual infamy, imprisonment for a year, and forfeiture of the tenfold value.

19. The false verdict of jurors, whether occasioned by embracery or not, was anciently considered as criminal, and therefore exemplarily punished by attaint in the manner formerly mentioned.

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

21. 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 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 his due, or before it is due. The punishment is fine and imprisonment, and sometimes a forfeiture of the office.

CHAPTER XI.

OF OFFENCES AGAINST THE PUBLIC PEACE.

WE are next to consider offences against the public peace; the conservation of which is intrusted to the king and his officers. 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.

or

1. The riotous assembling of twelve persons, more, and not dispersing upon proclamation. The statute 1 Geo. I. c. 5. enacts, 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 further, 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: all persons to whom such proclamation ought to

have been made, and knowing of such hindrance, and not dispersing, are felons, without benefit of clergy.

2. By the statute 9 Geo. I. c. 22. to appear armed in any enclosed forest or place where deer are usually kept, or in any warren for hares or conies, or in any high road, open heath, common, or down, by day, or night, with faces blacked or otherwise disguised, or (being so disguised) to hunt, wound, kill, or steal any deer, to rob a warren, or to steal fish, or to procure by gift or promise of reward any person to join them in such unlawful act, is felony without benefit of clergy.

3. Also, by the same statute 9 Geo. I. c. 22. amended by statute 27 Geo. II. c. 15. knowingly to send any letter without a name, or with a fictitious name, demanding money, venison, or any other valuable thing, or threatening (without any demand) to kill any of the king's subjects, or to fire their houses, out-houses, barns, or ricks, is made felony, without benefit of clergy.

By the statute 4 Geo. III. c. 12. maliciously to damage or destroy any banks, sluices, or other works on any navigable river, to open the floodgates, or otherwise obstruct the navigation, is made felony, punishable with transportation for seven years. And by the statute 7 Geo. III, c. 40. (which repeals all former acts relating to turnpikes) maliciously to pull down or otherwise destroy any turnpike-gate, or fence, toll-house, or weighingengine thereunto belonging, erected by authority

of parliament, or to rescue any person in custody for the same, is made felony without benefit of clergy; and the indictment may be inquired of and tried in any adjacent county. The remaining offences against the public peace are merely misdemeanors, and no felonies; as,

5. Affrays (from affraier, to terrify) are the fighting of two or more persons in some public place, to the terror of his majesty's subjects: for, if the fighting be in private, it is no affray but an assault. Affrays may be suppressed by any private person present, who is justifiable in endeavouring to part the combatants, whatever consequence may ensue. But more especially the constable, or other similar officer, however denominated, is bound to keep the peace; and to that purpose may break open doors to suppress an affray, or apprehend the affrayers; and may either carry them before a justice, or imprison them by his own authority for a convenient space till the heat is over; and may then perhaps also make them find sureties for the peace. The punishment of common affrays is by fine and imprisonment; the measure of which must be regulated by the circumstances of the

case.

but,

Two persons may be guilty of an affray,

6. Riots, routs, and unlawful assemblies, must have three persons at least to constitute them. An unlawful assembly is when three, or more, do assemble themselves together to do an unlawful act, as to pull down enclosures, to destroy a warren or the game therein; and part without doing it, or

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