the jurors, &c. do further present, that A. B. late of &c. being an evil disposed person, and contriving and intending to obstruct and impede the due course of justice, on, &c. at, &c. unlawfully and unjustly dissuaded, hindered, and prevented the said I. K. from appearing before the said justice at the said sessions of the peace, holden as aforesaid, to testify the truth and give evidence before the said grand jury on the said bill of indictment, so preferred against the said A. B. as aforesaid, (and the said I. K. in consequence thereof did not so appear and give evidence according to the exigency of said writ,) to the [*236] great obstruction, hindrance, and delay of public justice, in contempt, &c. to the evil, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that on the said, &c. a certain other writ of our said lord the king had duly issued, directed to the said E. F. and G. H. by which said last mentioned writ, our said lord the said king commanded the said E. F. and G. H. that, &c. [recite the writ.] And the jurors, &c. do further present, that the evidence of the said I. K. at the time of issuing the said last mentioned 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 in the said bill of indictment, so to be preferred against the said A. B. as aforesaid. And the jurors, &c. do further present, that the said A. B. being an evil disposed person, &c. [same as first count, saying "endeavoured to dissuade," &c. and omitting the allegation between the brackets.] Information tice of the peace for causing a woman to be publicly AGAINST JUSTICES FOR OPPRESSION, &c. [Commencement of information as ante 7, and then state that against a jus- the defendant on, &c. was one of the justices, &c. as ante 182.] And that he the said T. M. being such justice as aforesaid, and being a person of a wicked and malicious mind and disposition, and having no regard to justice, nor to the duty of his said office as such justice of the peace, but unlawfully, wickedly, whipped as a disorderly and maliciously devising, and intending to discredit, disgrace, person with- aggrieve, and oppress one M. M. of, &c. single woman, and to out any view, expose the said M. M. to ignominy, shame, and scandal, and or proof ex disgrace, did on, &c. with force and arms, at, &c. aforesaid, unjustly, unlawfully, wickedly, and maliciously,* and without any reasonable or probable cause whatsoever, under mere colour and pretence of his said office as such justice as afore information, [237] hibited against her. (e) (e) See other Precedents. Cro. C. 576.-The offence. If a magistrate abuses his authority from corrupt motives he is punishable criminally by indictment or information, 4 Bla. Com. 354. n. 17. Christian's edition. But said, cause and procure the said M. M. (being a young woman about the age of fifteen years, and being a person of good name, fame, credit, and reputation, and in the peace of God and our said lord the king) to be taken into custody, imprisoned, and stripped quite naked down to her waist; and to be unlawfully, publicly, cruelly, and severely whipped and lashed upon her naked back, with divers whips and cords by one J. R. then being the common beadle of the parish aforesaid, at a certain common whipping post then erected and being in the common market place of the town of B. in, &c. aforesaid, in the presence and view of a great number of people then and there assembled and gathered together, as a loose, idle, and disorderly person, (the said fifth day of May in the year aforesaid, being a public market day in the said town of B.) by means of which said whipping and lashing the back and shoulders of the said M. M. were greatly cut, bruised, and wounded; and the said M. M. by means of the premises became sick, weak, and distempered, and lost a great quantity of blood, which issued and flowed from the said cuts and wounds; whereas in truth and in fact, neither the said T. M. nor any other justice of the peace of our said lord the king, in and for the said county of S. or elsewhere, had then and there any knowledge by his or their own view, or had then or there received or taken any information, examination, or other evidence upon oath whatsoever, that the said M. M. was or had been a loose, idle, or disorderly person, and whereas in truth and in fact the said M. M. never was a loose, idle, or disorderly person; to the great damage, scandal, and discredit of the said M. M. in contempt, &c. in manifest violation of the liberties of the subjects of our said lord the king of this realm, to the great perversion of public justice, in breach and violation of the duty of his office as such justice as aforesaid, to the evil and pernicious example, &c. and against the peace, &c. And the said coroner and attorney, &c. Second that the said T. M. being such justice as aforesaid, unlawfully count. if a justice of the peace act illegally, without corrupt intention, an information will not be granted, but the party complaining will be left to proceed by indictment, id. ibid. Nor will the court grant an information unless the prosecutor will undertake to bring no action, and the application be made within the second term after the offence committed, and notice of the intention to make it be previously given to the justice, id. ibid. and ante 1 vol. Index Information. But where they have acted partially, maliciously, or corruptly they are liable to an indictment, 1 T. R. 692. 1 Burr. 556. 3 Burr. 1317. 1716. 1786. 1 Wils. 7. And, in some cases, a mere impro per interference appears to be thus wickedly, and maliciously devising and intending to injure and prejudice the said M. M. as aforesaid, afterwards, to wit, on [*238] the said, &c. with force and arms at, &c. unlawfully,* wickedly, and maliciously, and without any reasonable or lawful cause whatsoever, in and upon the said M. M. in the peace of God and our said lord the king then and there being, did make an assault, and her the said M. M. then and there unlawfully (and without any view by him the said T. M. or any other justice assigned to keep the peace of our said lord the king in this realm, had, or any legal information exhibited or made to him the said T. M. by any person whatsoever, of any offence having been committed by the said M. M.) did beat, bruise, wound, whip, and illtreat, so that her life was greatly despaired of, and other wrongs to the said M. M. then and there did, to the great damage of the said M. M. to the evil example, &c. and against the peace, &c. Add a third count for the assault and whipping by the defendant being a justice, without reference to the pretence on which it was inflicted; and a fourth count for a common assault as post. Information soned for not cogniza finement ink, or pa Commencement of information as ante 7, and states defendant against a jus- being a justice as ante 182, and then proceeds as follows.] And tice for caus- the said coroner and attorney of our said lord the king further ing a person to be impri- gives the court here to understand and be informed that on, &c. at, &c. one J. H. of R. in the said county of S. innholder, want of bail, was apprehended and taken into custody, by one A. B. (who in a matter then and for a long time both before and afterwards, was one ble before of the constables of R. aforesaid,) and by the said A. B. carhim, and or- ried and conveyed in custody before the said R. R. being such dering him to be kept justice as aforesaid, at his then dwelling-house, situate and bein close con- ing at L., &c. and there, to wit, at L. aforesaid, examined by the said R. R. so being such justice as aforesaid, touching and without pen, concerning a certain misdemeanour, supposed to have been per, or the then lately committed and done by the said J. H. (in vilifying sight of any the character and hurting the trade of one W. D. of L. aforefriend. (f) said, miller;) and the said J. H. was then and there charged and accused before the said R. R. being such justice as aforesaid, with having committed the said supposed offence: and the said coroner and attorney, &c. and further, &c. that the said R. R. being such justice as aforesaid, wrongfully, unjustly, wickedly, and maliciously contriving and intending to hurt, injure, oppress, aggrieve, and prejudice the said J. H. in this respect, and to put him to great charges and expenses of his money, and to cause him to undergo and suffer great pain, torture, and anguish of body and mind, and wholly to ruin him, on the said, &c. at, &c. aforesaid, after the said examination of the said J. H. of, upon, and concerning the premises aforesaid, ordered and directed, that the said J. H. should find sureties (f) See precedent, Cro. C. C. 8th Ed. 242. and ante 236 note (e). for his personal appearance at the then next general quarter session of the peace of our said lord the king, to be held in* [*239] and for the said county of S. to answer the said charge: and because he the said J. H. did not, nor could conveniently, find such sureties as aforesaid, he the said R. R. so being such justice as aforesaid, further wrongfully, unjustly, wickedly, and maliciously contriving and intending to hurt, injure, oppress, aggrieve, and prejudice the said J. H. as aforesaid, then and there, to wit, on the said, &c. at, &c. aforesaid, wrongfully, unjustly, and maliciously, against the will of the said J. H. and contrary to the laws of this realm, (by virtue and colour of a certain warrant of commitment for that purpose made, under the hand and seal of him the said R. R. being such justice as aforesaid) committed the said J. H. a prisoner, to a certain pri called the house of correction, situate at, &c. aforesaid, to be there safely kept, until he the said J. H. should find such sureties as aforesaid, and until he should be further examined concerning the premises; and then and there ordered, directed, and commanded the then keeper of the said prison, to keep the said J. H. under close confinement in the said prison, and to deny him the use of pen, ink, and paper, and to let no letter be delivered to or from the said J. H. in any manner whatsoever, and also to let nobody see him or speak to him; and the said coroner and attorney, &c. further, &c. that the said R. R. being such justice as aforesaid, by virtue and under colour of the said warrant, order, and direction, did, on the said, &c. and for a long time, to wit, for the space of four days then next following, at, &c. aforesaid, wrongfully, wickedly, maliciously, and unjustly cause and procure the said J. H. to be closely confined and imprisoned in the said prison, and to be debarred, denied, and restrained from the use of pen, ink, and paper, and from the free access of his relations and friends to him in the said prison, to wit, at, &c. aforesaid, whereby the said J. H. during all that time, underwent and suffered great pain, torture, hardship, and anguish, both of body and mind, and was deprived of his liberty, and prevented and hindered from finding such sureties as aforesaid, and was put to great charges and expenses, in and about the obtaining his release and discharge from such commitment and imprisonment, contrary to the laws and customs of this realm, in great violation of the true constitution of this kingdom, and of the liberties, rights, and franchises of the subjects thereof, to the evil and pernicious example, &c. and against the peace, &c. [conclusion of informa tion as ante 7.] tices for ille [Commencement of information as ante 7.] That on, &c. Information at, &c. one C. B. was brought before J. S. esquire, one of his against jusmajesty's justices, &c. [as ante, 182,] by one W. E. a constagally disble, and charged of being a rogue and vagabond, within the charging a intent and meaning* of an act of parliament, made in the seven- [*240] teenth year of the reign of his late majesty king George the person com act by ano ther magis'trate. (g) mitted under Second, intitled, &c. [set forth the conviction] and was therethe vagrant upon convicted and adjudged by the said justice to be a rogue and vagabond, and within the intent and meaning of the said statute, and was ordered and adjudged by the said justice to be committed to the house of correction at Wellclose Square, in the liberty aforesaid, for the space of fourteen days from the date thereof, as by the record of the said conviction, bearing date, &c. appears, and the said coroner and attorney, &c. further, &c. that the said J. S. so being such justice as aforesaid, afterwards, to wit, on, &c. last aforesaid, at the liberty aforesaid, in the county of M. aforesaid, in execution of the said judgment and conviction, did make and issue his warrant in writing under his hand and seal, bearing date the same day and year last aforesaid, directed to the governor of the house of correction at Wellclose Square, or his deputy, whereby the said governor or his deputy, were commanded by the said jus tice to receive, &c. [set out the warrant of commitment] which said warrant afterwards, to wit, on the said, &c. at, &c. aforesaid, was delivered to the said governor of the house of correction, at Wellclose Square, aforesaid, in due form of law, to be executed together with the said C. B. by virtue of which said warrant he the said governor kept and detained the said C. B. in his custody in the said house of correction at Wellclose Square, aforesaid, for the cause in the said warrant as above specified, as by the said warrant he was commanded. And the said coroner and attorney, &c. that afterwards, and within the said space of fourteen days from the date of the said warrant, and whilst the said C. B. was so confined in the said house of correction, and in the custody of the said governor thereof, and there ought to have remained and continued for the said space of time in the said warrant for that purpose expressed for the cause aforesaid, under and by virtue of the said warrant, to wit, on the said, &c. at, &c. aforesaid, one R. B. late of, &c. esquire, and one J. R. late of, &c. esquire, then and still being two of his majesty's justices, in and for the said liberty, well knowing the said premises, but devising, designing, contriving, and intending to pervert the due course and administration of law and justice, and to make the same subservient to their own private lucre and gain, and to their own private wicked purposes and intentions, did under colour and pretence of their authority, as such justices as aforesaid, with force and arms, unlawfully, wilfully, unjustly, and corruptly [*241] cause and* procure the said C. B. to be discharged, and to escape and go at large from and out of the custody of the said governor of the said house of correction, and from and out of the said house of correction, in which he the said C. B. was so confined as aforesaid, for the cause aforesaid, and to go un (g) See form 4 Went. 424. and the precedent and note, ante 236, n. e. |