the time the same so passed along the said 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, he the said A. B. unlawfully and for wicked gain's sake, did take upon himself to make composition with the said C. D. for the said last-mentioned offence, and did then and there take and receive 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 his the said A. B.'s desisting and forbearing to prosecute the said C. D. for the said last-mentioned offence without the order and consent of any of our said lord the king's courts at Westminster, for that purpose had and received, against the form of the statute in that case made and Third count. provided and against the peace, &c. And the jurors, &c. further present, that the said A. B. 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 101. 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.

Upon 18 Eliz. c. 5. for taking money to com

That C. D. &c. &c. being an evil disposed person, and not regarding the statute in such case made and provided, nor fearing the pound a qui pains and penalties therein contained, heretofore, to wit, on, &c. tam action. (s) with force and arms at, &c. upon and by colour and pretence of a certain matter of offence, then and there pretended 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

(s) Made perpetual by 27 Eliz. c. 16. and 31 Eliz. c. 5.

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, 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 manuer 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 ofl. 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.

That A. B. late of, &c. being an evil disposed person, and dis- On 18 Eliz. regarding the statute in that case made and provided, heretofore, c. 5. for compounding a to wit, on, &c. at, &c. upon colour and pretence that one C. D. penal action, after the 1st day of August, which was A. D. 1791, had, contrary having been the penalty to the form of the statute in that case made and provided, written incurred by evading the and signed divers receipts, discharges and acquittals given, and each stamp duties and every one thereof for and upon the payment of money, and on a receipt. 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 7. 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, -7. 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

inserting 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

FOR MISPRISION OR CONCEALMENT OF
FELONY.

That P. P. [here set out the offence by the original offender by a of felony. (4) felonious stealing, as usual, and then proceed as follows.] And 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 alledging the goods stolen to be the property of different persons, but in other respects the same as the first count.

Indictment for

BARRETRY.

That C. B. late of, &c. on, &c. and on divers other days and Baretry (u) times as well before as afterwards, was, and yet is a common

(t) This indictment was settled by a very able crown lawyer. As to this offence, see ante, 1 vol. 3 and 4.

(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, 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 rumors, and calumnies, &c. come under this denomination, Co. Lit. 368.

barretor; (r) 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)

For maintenance of an

(a)

MAINTENANCE.

That A. O. late of, &c. on, &c. with force and arms, at, &c. action of debt, 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.

The like for maintenance

of an action of ejectment in the exchequer and a bill in

equity. (c)

That one L. P. late of, &c. yeoman, on, &c. and for the space of one whole year then next following at Westminster, in the county of Middlesex, maintained a certain action then pending in the court of our said lord the king of his exchequer, before his barons of the said exchequer, between one C. W. plaintiff, and one D. L. defendant, of a plea of trespass and ejectment 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 con

(a) See Precedents. Burn, J. Maintenance. 2 Stark. 678. Trem. P. C. 178. Winch. 504. 538. West. 89. 137. 312, 313. 351. Herne, 493, 4. Rast. Ent. 431. Co. Ent. 364, 5.-The offence. 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 signifies 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 expence, 4 Bla. Com. 135. It is subject to the same punishment with maintenance, id. ibid. also Com. Dig. Maintenance, Bac. Ab. Champerty. Burn, J. Maintenance, and Williams, J. Mainte

nance.

See

(b) 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.

(c) See notes to last precedent, and Trem. P. C. 178.