to the great damage of the said G. D., against the form of the statute, &c. and against the peace, &c. INDICTMENTS FOR SELLING OFFICES, That before and at the time of the committing the offence herein Indictment for after next mentioned, one W. W. since deceased, was an officer corruptly agreeing to reand person duly appointed and authorized by our sovereign lord the ceive the office This Bac. Abr. Gaming. Burn, J. Gaming. Williams, J. Gaming. Cro. C. C. 232, 3. and notes ante 673, 4. 677, 8. on Gaming Houses. indictment is framed on 9 Ann c. 14. s. 5. 6. which enacts, that if any person shall by fraud or shift, cozenage, deceit, circumvention or unlawful device, or ill practice whatsoever, in playing at or with cards, dice, or at any of the games therein mentioned, or in or by bearing a share or part in the stakes, wagers and adventures, or in or by betting on the sides or hands of such as do or shall play as aforesaid, win, obtain, or acquire to himself or to any other any money or other valuable thing whatsoever, or shall, at any one time or sitting, win of any one or more person or persons whatsoever above thevalue of £10; and be convicted of any of the said offences, upon an indictment or information to be exhibited against him for that purpose, he shall forfeit five times the value of the money, or other thing so won as aforesaid; and in case of such ill practice as aforesaid shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury, and such penalty to be recovered by such person as shall sue for the same, to be recovered by such action as aforesaid. A foot race is a game within this statute, 2 Wils. 40. and so is a wager that a man will be found to carry a cer of distributor of stamps for the county of Dorset, on tain weight on foot, within a spe- condition of cific time, Cowp. 281. Cricket and allowing the horse racing are also holden to be former posgames within its meaning, 1 Wils. sessor to have 220. 2 Stra. 1159. And it has the profits for life. (i) been determined that a bet of ten pounds to five pounds upon a horse-race is illegal, although the race itself be for a legal plate; for though the smaller sum is less than that fixed by the act, as the party betting the higher sum would not be liable to pay it, if he lost there is no mutual risk incurred to render the contract binding. 2 Bla. Rep. 706. Modes of Prosecution are pointed out in the statute to be either by information or indictment. The action for the penalty seems to be distinct from them both, and intended as the substantial remedy. For it has been holden that on conviction on an information, the court cannot give sentence for a fine to five times the amount of the sum won, but merely" quod convictus est." And an action must be brought on the judgment for the recovery of the forfeiture, 2 Stra. 1048. It seems that if the loser prefer an indictment, and the grand jury find the bill which is afterwards quashed, the court will not permit an information to be filed, because another bill may be found for the same offence, 8 Mod. 187. (i) As to the offence of selling offices in general,&c. see 3 Inst. now king, to manage the duties on stamped vellum parchment and paper, in a certain office, to wit, in a certain office relating to the revenue of our said lord the king, that is to say, as a distributor of such stamped vellum parchment and paper in and for the county of D., and a receiver of the revenue of our said lord the king, arising from his, the said W. W's. distributing such stamps as aforesaid, to wit, for certain reward to him the said W. W. in that behalf, at, &c. And the jurors, &c. do further present, that heretofore, to wit, on, &c. it was corruptly, and against the form of the statute, in such, &c. agreed by and between the said W. W. since deceased, and J. W. late of &c. yeoman, as follows, that is to say that the said W. W. should for the considerations hereinafter next mentioned, resign and relinquish his said office and employment, in favor of 145 to 149. Hawk. b. 1. c. 67. 49 Geo. III. c. 126. Bac. Ab. Offices and Officers F. The sale or purchase of public offices, is highly criminal at Common Law; for nothing can be more disadvantageous to the welfare of the state than that its higher capacities should be filled, not by those who are most able to discharge them, but those who can pay most to obtain them, Hawk. b. 1. c. 67. s. 3. 2 Campb. 229. 1 Bro. C. C. 124. 3 P. W. 391. 1 Hen. Bla. 322.7. It is equally a crime to give as to receive, and in many cases, the attempt itself is an offence, complete on the side of him who offers it, 4 Burr. 2500. The sale of offices is further prevented by 2 Ric. 2. c. 2. which directs the chancellor, treasurer, keeper of the privy seal, steward of the king's house, chamberlain, clerk of the Rolls, and judges and all others who may have the appointment of any officer or minister of the king shall be sworn not to nominate any persons for reward, favor, or affection. By 4 Hen. 4. c. 5. sheriffs are forbidden to let another farm their office. And by 5 & 6 Edw. 6. c. 11. if any person bargain, sell, take or promise any reward for any office, or deputation to any office, con cerning the revenue, the keeping of the king's castles and domains, the customs, or the administration of justice, unless it be such an office as, before the statute, had usually been granted by the judges of the king's bench, common pleas, or Justices of assize, shall not only forfeit the office and his right to nominate the party by whom it shall be filled, but be disabled for ever from enjoying it; and the party bribing shall be subject to a similar disability. And it is holden that no person thus disabled can ever be restored to the capacity he has lost by any grant or dispensation of the crown. Hawk. b. 1. c. 75. s. 5. The act extends to the offices of chancellor, register and commissary in the ecclesiastical courts, because matters come before those tribunals afecting the administration of justice. Hawk. b. 1. c. 67. s. 4. But no office in fee is within it, nor does it extend to any employments in the plantations 2 Lev. 151. Salk. 411, though it is criminal at common law to dispose of the latter, if granted under the great seal 4 Burr. 2500. And, in addition to forfeiture of office, prescribed by, the statute, every species of bribery is punishable with imprisonment and fine at the discretion of the court in which the defendant is convicted. Hawk. b. 1. c. 67. s. 6, 7. 6 St. Tr. 477. Further regulations introduced by 49 Geo. III. c. 126. the said J. W. and should cause and procure the said W. W. to be retained and employed by the commissioners, appointed and authorized by his majesty to manage the duties on stamped vellum for parchment and paper, in and for the said county of D., and as such receiver as aforesaid, in lieu and stead of him, the said W. W. and that the said J. W. should for, and in consideration of the premises, permit and suffer the said W. W. for and during his natural life; notwithstanding such his relinquishment of such his said office as aforesaid, and such retainer and employment of the said J. W., in the same, in lieu and stead of the said W. W. as aforesaid, to continue to exercise the same, and to receive and take to his own proper use and benefit all the emoluments and reward which should and and might arise therefrom. And the jurors, &c. do further present, that in pursuance of the said corrupt and unlawful agree ment, and on the terms, and in pursuance thereof, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, the said W. W. at the special, &c. of the said J. W. did resign and relinquish his said office and employment in favor of the said J. W. and did then and there at the like special instance and request of the said J. W. cause and procure him the said J. W. to be duly retained and employed, and the said J. W. was accordingly duly retained and employed by certain then commissioners, appointed and authorized by his majesty to manage the duties on stamped vellum, parchment and paper in the said office of such distributor of such stamped vellum, parchment and paper, as aforesaid, in and for the said county of D. and as such receiver as aforesaid, in lieu and stead of him the said W. W. and that the said J. W., in further pursuance of the said corrupt and unlawful agreement, and in consideration of the premises afterwards, and for, and during the natural life of him the said W. W., to wit, from the day and year aforesaid, unti! afterwards, to wit, on, &c. when the said W. W. died, to wit, at &c. aforesaid, did permit and suffer the said W. W. notwithstanding his said relinquishment of his said office as aforesaid, and the said retainer and employment of the said J. W. in the same, in lieu and stead of the said W. W. as aforesaid, to continue, to exercise the same, and to receive and take to his own proper use and benefit, and the said W. W. did accordingly, during that time, continue to exercise the said office, and to take to his own proper use and benefit all the emoluments and reward which did during that time arise therefrom, to wit, at, &c. aforesaid, in contempt &c., to the evil and pernicious example, &c. and against the form of the statutes, &c. [Commencement as ante 7]. That the office of chief clerk to at- Information tend the supreme court, residing in the town of St. Jago de la Vega, to bribe a first for attempting otherwise Vaga, within his majesty's island of Jamaica in America lord of the treasury, in order to procure the re office in Jamaica. closing an affidavit. (k) now is, and for divers years last, past hath been, an office of great trust, concerning the administration and execution of justice, within version of an the said Island of Jamaica, and that the said chief clerk, to attend the said supreme court, for the time being by himself, or by his First count, deputy or deputies, hath for a long time, to wit, for the space of for sending a letter to the to the twenty years and upwards, now last past, signed and sealed writs, minister, inand other process, and still doth sign and seal writs and other process, issuing out of the said supreme court, and also during all that time, hath entered and still doth enter decrees and other proceedings in, and keep the records of the same court, and that the said office hath been, and is in the gift and disposal of the king of this realm, by grant, under the great seal of Great Britain, and before the committing any of the offences hereinafter mentioned, had been granted by the lord George the second, late king of Great Britain, &c. by his letters patent, under the great seal of Great Britain, bearing date at Westminster, in the twenty fifth day of September, in the eighth year of his reign, of his special grace, certain knowledge and mere motion, unto J. L., N. P. esquires, and A. F. gentleman, for and during the term of their natural lives, and the life of the longest liver of them, and that the said J. L. and N. P. before the committing of any of the offences hereinafter men (k) See other Precedents. Cro. C. C. 455. 2 Ld. Raym, 1116. 2 East 5. 2 Camp. 231. 4 Burr. 2494.-The offence. A solicitation to commit a crime, though nothing be done in pursuance of such solicitation, is now completely established to be itself an indict able offence. 2 East.5. Thus an at tempt to bribe a privy councillor, to procure a reversionary patent of an office grantable by the king under great seal is indictable though it did not succeed and an information will be granted. 4 Burr. 2495. 2 Campb. 231. An attempt to bribe at elections to Parliament is criminal for the same reason, 4 Burr. 2500. So a promise of money to a corporator to vote for a member of a corporation is criminal, 2 Ld. Raym. 1377.4 Burr. 2501. Indictment. In a criminal information for offering a bribe to an officer of the customs to pass certain goods about to be imported, the allegation that the object of the attempt was to induce him to suffer them to be conveyed to another place, than the quay or wharf appointed for the landing of them,' and that an order had been made to land them at the quay or wharf appointed for the landing such goods, has been holden to be insufficient, if the evidence prove that the order was to deliver them at the king's warehouses, though they stand on the quay referred to, 5 Esp. Rep. 231. Punishment. The judgment at common law for soliciting to commit felony or other enormous offence may be fine, with imprisonment or pillory at the discretion of the court in which the defendant is convicted. Of course, the degree as well as the species of punishment varies according to the kind of offence which the solicitation is intended to produce. In the case of Higgins, the sentence was two years' imprisonment and exposure in the pillory. 2 East. Rep. 5. tioned died, and the said A. F. survived them, and is still living, that is to say, at Westminster aforesaid, in the said county of Middlesex, and the said coroner and attorney of our said present sovereign lord the king, who prosecutes as aforesaid, further gives the court here to understand, and be informed, that A. H. duke of G., at the respective times of the committing the offences hereinafter mentioned, and before and still is, one of the commissioners of our said present sovereign lord the king, for executing the office of treasurer of the exchequer of our said present sovereign lord the king, and the first named commissioner in the letters patent of our said present sovereign lord the king, under the great seal of Great Britain, in that behalf granted, and also one of the privy council of our said present sovereign lord the king, and in great trust and confidence with our said present sovereign lord the king, that is to say at Westminster aforesaid, in the said county of Middlesex. And the said coroner and attorney of our said present sovereign lord the king, who prosecutes as aforesaid, further gives the court here to understand and be informed, That W. J. late of, &c., well knowing the premises, but unlawfully, wickedly, and corruptly devising, intending and contriving to tempt, seduce and corrupt the said A. H. duke of G., so being one of the commissioners for executing the office of treasurer of the exchequer of our said present sovereign lord the king, and one of the privy council of our said present sovereign lord the king, and in great trust and confidence with our said present sovereign lord the king as aforesaid, to prostitute and betray the duties of his said offices and stations, and the trust and confidence placed and reposed in him by our said present sovereign lord the king, on, &c. with force and arms, at, &c. a certain letter wrote by him the said W. J., and addressed to the said duke of G., and also a certain paper writing, purporting to be an affidavit of him the said W. J., and to have been sworn by the said W. J. before S. T. esquire, then lord mayor of the city of London, unlawfully, wickedly, and corruptly, did send and deliver, and cause and procure to be sent and delivered, to the said duke of G. so being one of the commissioners of our said lord the now king, for executing the office of treasurer of his majesty's exchequer, and one of his majesty's privy council, and in great trust and confidence with his majesty as aforesaid, in order to procure our said present sovereign lord the king by his letters-patent, under the great seal of Great Britain, to grant the reversion of the said office of the chief clerk to attend the supreme court, residing in the town of St. Jago de la Vega, otherwise Vaga, within the said island of Jamaica, for the term of the natural lives of B. J., M. J. and J. J. sons of the said W. J., or for the lives of three other persons, to be nominated |