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 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 afterwards, to wit, on, &c. [*221] 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 moneys numbered, for and as a reward for compound * 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 sto len 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 to the original crime, 2 Hale, 400. But the ing 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. [*225] That heretofore and after the fifth day of July, which was A. D. For com- 1757, to wit, on, &c. at, &c. one J. R. then and there, not being pounding a qui tam a person, &c. [set out original offence as in a declaration.] And the jurors, &c. do further present that after the committing of the said offence, and before the said penalty or any part thereof had been court upon recovered, and whilst the same was due in arrear and unpaid, to the 5th action without leave of Lisbon Eliz. c. 5. wit, on, &c. at, &c. W. K. late of, &c. as well for our said lord for selling the king as for himself, the said W. K. in that behalf, sued and wine con- prosecuted out of the court of the said lord the king, before the trary to the staking himself at Westminster, in the said county of Middlesex, a tute.(?) certain precept of our said lord the king, called a bill of Middle[*226] sex, against the said J. R., by which said precept the sheriff of Middlesex was commanded, [here set out the bill of Middlesex,] which said precept was so sued and prosecuted, with intent that the said J. R. might be by virtue thereof compelled to appear at the return of the said precept, in the said court of our said lord the king, before the king himself at Westminster aforesaid, at the suit of the said W. K. who sues as aforesaid, and to file common bail in the said court at the suit of the said W. K. who sued as aforesaid, with intent that upon appearance and filing common bail as aforesaid, the said W. K. might as well for our said lord the king, as for himself, exhibit his bill against the said J. R., in the said court, in a plea of debt for the recovery of the said one hundred pounds, forfeited for the said offence. And the jurors, &c. do further present that the said W. K., well knowing the premises and not regarding the statute in that case made and provided, and not fearing the penalties therein contained, and after the suing out the said precept, and whilst the said suit, so prosecuted as aforesaid, was depending in the said court of our said lord the king, before the king himself, and before answer made in court thereto, and before any judgment was had, obtained and given in the said suit, that is to say, on, &c. at, &c. he the said W. K., by colour and pretence of the said precept and process so sued and prosecuted out of the court of, &c. and of the said mat (7) See form and opinion 4 Wentw. 323. ter of offence against the penal law in that case made and provided, unlawfully did take, accept and receive, of and from the said, J. R. the sum of three pounds thirteen shillings and sixpence, of lawful money of Great Britain, and the said W. K. did thereby then and there make composition with the said J. R. for the said offence so committed by the said J. R. against the statute in that case made and provided, and did wholly desist and abstain from any further prosecuting the said suit, which said compounding so done as aforesaid was then and there so done without the order or consent of the said court of our said lord the king, before the king himself, in which said court the said suit was then depending, and without the order or consent of any other of his majesty's courts at Westminster, and without any legal authority whatsoever, in contempt, &c. to the great hindrance and obstruction* of public justice, to the evil example, &c. contrary to the [*227] true intent and meaning of the statute, in that case made and provided, and against the peace, &c.(1) That one A. B. heretofore, to wit, on &c. prosecuted out of the For comcourt of our said lord the king, before the king himself, the same pounding an offence court then being at, &c. a certain writ of our said lord the king, against a penal stacalled a latitat, against one C. D. directed to the sheriff of Wor- tute.(m) cestershire, reciting that, &c. [here recite the writ] and the jurors, &c. do further present that the said writ so sued out as aforesaid, by the said A. B. was by him sued out with intent to declare against the said C. D. in the same court in a certain plea of debt for a certain penalty supposed to have been incurred by the said C. D. by reason of his the said C. D. having before that time caused a certain wagon of him the said C. D. drawn by more than four horses, to wit, eight horses, to travel and pass upon a certain turnpike road in the parish of H. in the said county of W. the fellies of the wheel of the same wagon, at the time the same so passed along the same road, being of less breadth and gage than three inches from side to side, against the form of the statute in such case made and provided. And the jurors, &c. do further present that the said A. B. late of, &c. being a person of an evil disposed mind, and not regarding the statute in that case made (1) [This indictment contains five counts, four of which are omitted. See Chitty, Crim. Law. 227. vol. 2. of Lon. Ed.] (m) See form, 4 Wentw. 399. and ante 225*, note q. Lon. Ed. [*230] Upon 18 and provided, on, &c. at the said, &c. unlawfully and for wicked gain's sake, did take upon himself to compound and agree with the said C. D. for the said offence without the order or consent of the said court of our said lord the king before the king himself, out of which same court the said writ against the said C. D. was so sued out as aforesaid, and then and there did exact, receive and have of and from the said C. D. a large sum of money, to wit, five pieces of gold coin, of the proper coin of this kingdom, called guineas, of the value of 51. 5s. of lawful money of G. B. as and for a reward for compounding with the said C. D. for the said offence, and desisting from further prosecuting his suit, against the form, &c. and against the peace, &c.(1) *That C. D. &c. &c. being an evil disposed person, and not regarding the statute in such case made and provided, nor fearing the for taking pains and penalties therein contained, heretofore, to wit, on, &c. money to with force and arms, at, &c. upon and by colour and pretence of a compound a qui tam certain matter of offence, then and there pretended to have been action.(") committed by one E. F. against a certain penal law, i. e. by and [*231] 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 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, intituled 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 obstruction of public justice, in contempt, &c. to the evil example, &c. against the form, &c. and against the peace, &c. (1) [This indictment contains three counts in the original work, vol. 2. p. 229.] (n) Mad perpetual by 27 Eliz. c. 16. and 31 Eliz. c. 5. *FOR MISPRISION OR CONCEALMENT OF FELONY. [*232] That P. P. [here set out the offence by the original offender by For misprision of a felonious stealing, as usual, and then proceed as follows.] And felony. (0) the jurors, &c. do further present, that W. B. late of, &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 Indicttimes as well before as afterwards, was, and yet is a common (0) This indictment was settled by a very able crown lawyer. As to this offence, see ante, 1 vol. 3°. & 4. (p) 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. Bar VOL. II. retors. 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, 8 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. P ment for Barretry. (p) |