niously did steal, take, and carry away, and that afterwards, the said J. D. did feloniously receive and have eight guineas, as a reward for helping one N. D. to the said watch, he the said J. D. not having apprehended or caused to be apprehended the said C. K. &c. against the form of the statute, &c. and against the peace, &c. FOR COMPOUNDING FELONY. That* on, &c. at, &c. one W. D. in his own proper person, [220] came before J. P. esquire, then and yet being one of the jus- For comtices of our said lord the king, assigned, &c. [as ante 182.] and pounding a felony. (n) then and there upon his oath did charge and accuse one M. the wife of P. J. with feloniously stealing, taking, and carrying away one silver spoon and two silk handkerchiefs, of the goods and chattels of the said W. D. upon which the said J. P. then and there issued out his warrant, under his hand and seal, made in due form of law, for the apprehending and taking the said M. to answer and be examined of and concerning the felony aforesaid, on her as aforesaid charged, and that afterwards, to wit, on, &c. the said M. &c. aforesaid, for the said felony, and by virtue of the said warrant, was taken and arrested, and then and there was brought before the said J. P. the justice aforesaid, and then and there before the same justice, of and concerning the same felony, was examined, upon which the said J. P. the justice aforesaid did then and there make a certain warrant under his hand and seal in due form of law, directed to the keeper of Newgate or his deputy, thereby commanding the aforesaid keeper or his deputy, to receive into his custody the body of the said M. J. so charged with such felony as aforesaid, and her in custody safely to keep, until she should be discharged by due course of law. And the jurors aforesaid, upon their oath aforesaid, do further present, That the said W. D. late of, &c. and J. D. late of, &c. well knowing the premises, and each of them well knowing the same, but (n) See other Precedents. Cro. C. C. 8th Ed. 117. 7 Ed. 252. 4 Wentw. 327. Stark. 679. The form in the last edition of the Cro. C. C. is much more concise than the form in the prior editions and the other precedents above referred to.-Offence. The offence of compounding felony by the party immediately aggrieved receiving again goods stolen in case of robbery, or in that or any other case taking a reward not to prosecute, has always been highly penal. It was formerly holden to constitute the party thus offending an accessary contriving and intending unlawfully and unjustly to pervert the due course of law in this behalf, and to cause and procure the said M. J. for the felony aforesaid, to escape with impunity af[*221] terwards, to wit, on,* &c. aforesaid, at, &c. aforesaid, unlawfully and for wicked gain sake did take upon themselves to compound the said felony on the behalf of the said M. J. and then and there did exact, receive, and have of the said P. J. the husband of the said M. J. twenty-six shillings in monies numbered, for and as a reward for compounding the said felony, and desisting from all further prosecution against the said M. J. for the felony aforesaid, to the great hindrance of justice, to the evil example, &c. in contempt, &c. and against the peace, &c. committed to compound the same the offenders cuted. (0) Against third That before the day of taking this inquisition, to wit, on, &c. persons for [Indictment states several rapes on W. W. as post indictments prevailing on a woman on for rapes, and 4 Went. 327. and then proceed as follows,] and whom rapes thereupon the said W. W. afterwards, to wit, on, &c. at, &c. had been made complaint on oath to R. B. esquire, then and still being one of the justices, &c. [as ante 182.] touching and concerning the several felonies and rapes aforesaid, and thereupon the said with the of R. B. so being such justice as aforesaid, did then and there fenders, after make and grant his certain warrant, under his hand and seal, had been im- for the apprehending, taking, and bringing the said C. B. and prisoned, and B. B. before him the said justice, to be dealt with according to were about law, touching and concerning the rapes and felonies aforesaid. to be prose- And the jurors, &c. do further present, [state the arrest, examination, and commitment of C. B. as in the precedent, ante 220.] And the jurors, &c. do. further present, that the said W. W. intended, and then was about to prosecute, prefer, and offer to the grand jury, in and for the said town and county of S., at the then next quarter sessions of the peace of our said lord the king in and for the said town and county, a certain bill of indictment against the said C. B. for the felony and rape so committed by the said C. B. as aforesaid. And the jurors, &c. do further present, that W. R. late of, &c. and W. S. late of, &c. well knowing the premises, and each of them well knowing the premises, but contriving and intending unlawfully and unjustly to pervert the due course of law in this behalf, and to cause and procure the said C. B. for the felony and rape so by him committed as aforesaid, to escape with impunity and without prosecution for the same, they the said W. R. and W. S. afterwards, to wit, on, &c. at &c. unlawfully and wickedly did take upon themselves to cause and procure the felony and rape last aforesaid, on the behalf of the said C. B. to be compounded, and did then and there unlawfully and wickedly persuade and procure the said W. W. to accept and take, and the said W. W. did then and there by reason of such persuasion and (2) See precedent, 4 Wentw. 327, and notes, ante 220. note n. procurement of the said W. W. and W. S. receive, accept, and take certain* money, that is to say, divers pieces of gold coin, [222] to wit, two pieces of gold coin called guineas, the same being then and there of the value of two pounds, two shillings, of lawful, &c. that is to say of and from the said W. R. as and for a reward for compounding the felony and rape aforesaid, to wit, the felony and rape so committed by the said C. B. and for her desisting from the further prosecution of the said C. B. for the rape and felony aforesaid, and that the said W. W. did in consequence of such persuasion and procurement of the said W. R. and W. S. and of the premises aforesaid, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, compound the felony and rape aforesaid, and hath from thence hitherto desisted from the further prosecution of the said C. B. for the same, to wit, at, &c. aforesaid, to the great hindrance of public justice, to the evil example, &c. in contempt, &c. and against the peace, &c. And the jurors, &c. &c. [Add a second count, stating the Second and rape to have been committed by C. B. singly, and then a third third counts. count, not charging the rapes or rape to have been actually committed, but reciting generally by way of inducement that W. W. made her complaint against the two men for rapes, as in the precedent ante 220. the granting the warrant, apprehension of C. B. and his commitment to prison, in consequence of another warrant, as in the foregoing precedent, and then the general conclusion following:] And the jurors, &c. do further present, that the said W. R. and W. S. well knowing the premises, and each of them well knowing the same, but contriving and intending unlawfully and unjustly to pervert the due course of law in this behalf, and to cause and procure the said C. B. for the felony and rape last aforesaid to escape with impunity afterwards, to wit, on, &c. in, &c. at, &c. unlawfully and wickedly did take upon themselves to procure and persuade the said W. W. on the behalf of the said C. B. to compound the said felony and rape last mentioned, and did then and there unlawfully and wickedly procure the said W. W. to receive, accept, and take, and the said W. W. did then and there, by reason of such persuasion and procurement of the said W. R. and W. S. receive, accept, and take certain money, that is to say, divers pieces of gold coin, to wit, two pieces of gold coin called guineas, the same being then and there of the value of two pounds, two shillings, of lawful, &c. that is to say, of and from the said W. R. as a reward for compounding the rape and felony committed by the said C. B. as last aforesaid, and desisting from all further prosecution against the said C. B. for the felony and rape last aforesaid, at, &c. aforesaid. [Conclusion as in foregoing count.] [*223] Information in K. B. by master of crown office for com pounding a qui tam ac FOR COMPOUNDING A PENAL ACTION. [Commencement* as ante 7.] That G. B., clerk, heretofore, to wit, on, &c, was incumbent of a certain benefice, with the cure of souls, that is to say, of the church of G. in the county of S. and being so incumbent thereof, he the said G. B. afterwards, to wit, on the same day and year aforesaid, resigned the said benefice, to wit, at Westminster, in the said county of Middlesex. And the said coroner and attorney of our said present lord the king, for our said present lord the king, giveth that court on the court here further to understand and be informed, that afthe 31. Eliz. terwards, to wit, in the term of St. Hilary, in, &c. a certain suit the name of by bill, without the writ of the said late king was commenced another, for and prosecuted in the name of one A. M. as suing in that becorruptly re- half, as well for our said lord the king as himself, against the signing a be- said G. B. in the court of our said lord the king before the king tion commenced in c. 6. s. 8. in nefice. [*224] himself, (the said court then being at Westminster aforesaid, in the county of Middlesex,) in a plea of debt for two thousand pounds, wherein the said G. B. was declared against, that [here set out the declaration.] And afterwards, that is to say, on, &c. in the court of the said late lord the king before the king himself, (the said court being then at Westminster aforesaid,) came the said G. B. by C. B. his attorney; and the said G. B. defended the wrong and injury, when, &c. and said, that he did not owe to the said lord the late king, and the said A. who sued in that behalf, as well for the said lord the late king as for himself, the said two thousand pounds, or any part thereof, in manner and form as the said A. who sued as aforesaid complained against him, and of that he put himself on the country, as by the record and proceedings thereof now remaining in the court of our said lord the king, before the king himself, at Westminster aforesaid, fully appears. (p) [And the said coroner and attorney of our said lord the now king, for our said lord the king, gives the court here further to understand and be informed, that the said suit so commenced and prosecuted in the name of the said A. M., as aforesaid, was really and in fact commenced and prosecuted by J. H. late of Westminster, in the county of Middlesex, broker, and under his direction, and that the name of the said A. M. was made use of in the said suit in trust for, and for the benefit of the said J. H., to wit, at Westminster aforesaid, in the said county of Middlesex,] and the said coroner and attorney of our lord the king, for* our said lord the king, gives the court here further to understand and be informed, that the said J. H. late of Westminster aforesaid, in the said county of Middlesex, (p) The allegation between the brackets is in Cro. C. C. 7 Ed. 258. but not in Cro. C. C. 8 Ed. 119. stance of the broker, not regarding the statute in such case made and provided, nor fearing the pains and penalties therein contained, afterwards, and whilst the said suit was depending in the said court of the said lord the king, before the king himself, that is to say on and after answer made in court by the said G. B. unto the said suit, in that behalf prosecuted, that is to say on, &c. at, &c. aforesaid, he the said J. H. did unlawfully compound and agree with the said G. B. so surmised to have offended against the penal statute above particularly mentioned, for the said offence, pretended to have been committed by him, in manner aforesaid, without the order or consent of the said court of our lord the king, before the king himself, in which said court the said suit was then depending, by then and there agreeing to accept, and accepting from the said G. B. a promissory note of him the said G. B. for the payment of a large sum of money, to wit, the sum of one hundred pounds, to him the said J. H. or order, at a certain time then to come, and long since past, as and for a composition for the said offence, pretended to have been committed by the said G. B. as aforesaid, in contempt, &c. to the great obstruction of justice, to the evil and pernicious example, &c. against the peace, &c. and also against the form of the statute, &c. And the said coro- Second ner and attorney, &c. that the said J. H., heretofore, to wit, count, statin the term of St. Hilary, in the twenty-ninth year, &c. in the ing only subname of one A. M., as prosecuting in that behalf, as well for original prothe said late king as for himself, by bill without the writ of the ceeding. said late king, impleaded, and caused to be impleaded, one G. B. in the court of the said late king, before the said late king himself, (the said court being then at Westminster aforesaid, in the said county of Middlesex,) in a plea of debt for two thousand pounds, as forfeited by the said G. B. for an offence pretended to have been committed by him, against a certain penal statute made in the parliament of the lady Elizabeth, late queen of England, at a session thereof holden at Westminster, in the thirty-first year of her reign, intituled, “an act against abuses in election of scholars and presentation to benefices," by reason of a pretended corrupt resignation of a certain benefice with cure of souls, to wit, the church of G. in the county of S., pretended to have been made by the said G. B. alleged to have been the incumbent of the said benefice, with the cure of souls, and also by reason of his having corruptly taken, for and in respect of the said pretended resignation, a large sum of money, to wit, one thousand pounds, as pretended. And the said coroner and attorney of our said present lord the king, for our said present lord the king, gives the court here further to understand and* be informed, that [*225] afterwards, to wit, in Easter term, in the twenty-ninth year aforesaid, in the said court of the said lord the king, before the king himself, (the said court then also being at Westminster aforesaid, in the said county of MiddleCrim. Law. VOL. II. 2 D |