not conveniently, find such sureties as aforesaid, he the said J. S. being such justice as aforesaid, wickedly and maliciously contriving and intending as aforesaid, wrongfully, unjustly, and maliciously, and contrary to the laws of this realm, then and there (by virtue and under colour of a certain warrant under his hand and seal as such justice as aforesaid) did commit the said J. N. a prisoner to a certain prison called the House of Correction, situate at the parish aforesaid in the county aforesaid, to be there safely kept until he the said J. N. 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. N. under close confinement in the said prison, and to deny him the use of pen, ink, and paper, and to allow no letter to be delivered to or from the said J. N., and also to allow no person to see or speak to him the said J. N. And the jurors aforesaid upon their oath aforesaid do further present, that the said J. S., by virtue and under colour of the warrant aforesaid, afterwards, to wit, on the day and year aforesaid, and from thence for a long space of time, to wit, for the space of ten days then next following, at the parish aforesaid in the county aforesaid, wrongfully, unjustly, and maliciously, and contrary to the laws of this realm, did cause and procure the said J. N. to be closely confined and imprisoned in the said prison, and to be denied the use of pen, ink, and paper, and to be restrained from all communication with his relations and friends, to wit, at the parish aforesaid in the county aforesaid; whereby the said J. N. during all that time underwent and suffered great pain, torture, and anguish of body and mind, and was deprived of his liberty, and prevented from finding such sureties as aforesaid, and was put to great charge and expence in and about obtaining his discharge and release from the said commitment and imprisonment: to the great scaudal of the administration of justice in this kingdom, in contempt of our lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity. Where magistrates are guilty of oppression, or other wilful malfeasance in the execution of their duties, they are generally proceeded against by information. But such an information can readily be framed from this precedent, by observing the forms given, ante, p. 37.42. See the precedents, Cro. Circ. Com. 242. 244. 4 Went. 364. 418. 424. 6 Went. 455. See also a precedent of an indictment against a coroner for refusing to take an inquisition, Cro. Circ. Com. 170.

Fine or imprisonment, or both,

Evidence.

Prove the charge before J. S., the warrant, &c., and the

imprisonment; together with any circumstance of aggravation laid in the indictment. Also, if the case will admit of it, evidence may be given of any circumstances which indicate that the commitment proceeded from malice, or other undue motive upon the part of the magistrate. See R. v. Sainsbury, 4 T. R. 451.

SECT. 9.

Not obeying the orders of a magistrate.

Indictment against a high constable for disobeying an order of sessions.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that at the general quarter sessions of the peace of our lord the King, holden for the county of Middlesex, at the New Sessions House on Clerkenwell Green, in and for the county aforesaid, by adjournment, to wit, on Saturday the twentieth day of July, in the second year of the reign of our sovereign lord George the fourth, before F. C., J. W., W. R., and R. M. esquires, and others their fellows, justices of our said lord the King, assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county, it was ordered by the same justices and court there, that [&c. proceeding to state the order of sessions, in the past tense] as by the said order, reference being thereunto had; will more fully and at large appear; of which said order the said J. S., one of the high constables in the order aforesaid named, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, had notice. Nevertheless the said J. S., late of the parish aforesaid in the county aforesaid, gentleman, then being one of the high constables in the order aforesaid mentioned, unlawfully and contemptuously, upon being served with the said order, did neglect and refuse to [&c. hera insert what the order required of him] as by the said order he the said J. S. was required to do, nor hath he the said J. S. at any time since complied with the said order, although often requested so to do: in contempt of our lord the King and his laws, to the evil example of other persons in the like case offending, and against the peace of our lord the King, his crown and dignity. See a precedent of an indictment against an overseer of the poor, for not paying a weekly sum to a pauper in pursuance of an order of justices, Cru, Circ. Com. 327; and against the father of a bastard

328

Not obeying the orders of a magistrate.

child, for not obeying an order of maintenance, 4 Went. 227. and see R. v. White & al., Cald. 183. R. v. Robinson, 2 Bur. 799. R. v. Balme, Cowp. 650. R. v. Fearnley, 1 T. R. 316. R. v. Davis, Say, 163. R. v. Gould, 1 Salk. 381.

Evidence.

Produce the order. Prove a personal service of a copy of it upon the defendant; and upon all the defendants, if there be more than one, and the order be joint and not several. See R. v. Kingston & al. 8 East, 41. And prove that the defendant did not obey the order. See R. v. Fearnley, 1 T. R. 316.

SECT. 10.

Compounding felony.

Indictment for compounding a felony.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that heretofore, to wit, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, at the parish of B. in the county of M., one A. the wife of J. N., feloniously stole, took, and carried away one silver spoon, of the value of twenty shillings, of the goods and chattels of one J. S., against the peace of our lord the King, his crown and dignity. And that the said J. S., late of the parish aforesaid in the county aforesaid, labourer, well knowing the said felony to have been by the said A. so as aforesaid done and committed, but contriving and intending unlawfully and unjustly to pervert the due course of law and justice in that behalf, and to cause and procure the said A. for the felony aforesaid to escape with impunity, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in in the county aforesaid, unlawfully, and for wicked gain's sake, did compound the said felony with the said J.N. the husband of the said A., and then and there did exact, take, receive, and have of the said J. N. the sum of twenty-six shillings, for and as a reward for compounding the said felony, and desisting from all further prosecution against the said Ă. for the felony aforesaid; and that the said J. S., on the day and year aforesaid, at the parish aforesaid in the county aforesaid, did thereupon desist, and from that time hitherto hath desisted, from all further prosecution of the said A. for the felony aforesaid: to the great hindrance of justice, in contempt of our lord the King and his laws, and against the peace of

our lord the King, his crown and dignity. See the precedent, 4 Went. 327.

Fine and imprisonment. See 1 Hawk. c. 59. s. 5, &c.

Evidence.

Prove the felony to have been committed by A. N., as directed ante, p. 114; and prove that J. S. received twentysix shillings, or some part thereof, from J. N., upon an understanding that J. S. would not further prosecute A. N. for the felony; and that in fact he has not further prosecuted her since for the same.

SECT. 11.

Libels reflecting on the administratim of justice.

Indictment for a libel against a judge and jury, in the execution of their duties.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that heretofore, to wit, at the sittings at nisi prius holden at Easter term, to wit, on the twentieth day of May, in the second year of the reign of our sovereign lord George the fourth, at Westminster in the county of Middlesex, before the honourable Sir W. R. Knight, chief baron of our said lord the King of his court of exchequer at Westminster aforesaid, a certain issue duly joined in the said court between one A. B. and one C. D. in a certain plea of trespass on the case upon promises, in which the said A. B. was plaintiff and the said C. D. defendant, came on to be tried in due form of law, and was then and there tried, by a certain jury of the country in that behalf duly sworn and taken between the parties aforesaid. And the jurors aforesaid upon their oath aforesaid do further present, that J. S. late of the parish of B. in the county of M., printer, being a wicked and illdisposed person, wickedly and maliciously contriving and intending to bring the administration of justice in this kingdom into contempt, and to scandalize and vilify the said Sir W. R. knight, and the jurors by whom the said issue was so tried as afore said, and to cause it to be believed that [here state the effect of the libel; see ante, p. 285.] on the first day of June in the year last aforesaid, with force and arms, at the parish aforesaid in the county aforesaid, wickedly and maliciously did write and publish, and cause and procure to be

330 Libels reflecting on the administration of justice.

written and published, a certain false, wicked, malicious, and scandalous libel of and concerning the administration of justice in this kingdom, and of and concerning the trial of the said issue, and of and concerning the said Sir W. R. knight, and the jurors by whom the said issue was so tried as aforesaid, according to the tenor and effect following, that is to say: [here set out the libel, together with such innuendos as may be requisite. See ante, p. 288, 289.]: to the great scandal and reproach of the administration of justice in this kingdom, in contempt of our lord the King and his laws, to the evil example of all others in like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. See R. v. White & al., 1 Camp. 359. R. v. Watson & al., 2 T. R. 199. As to the evidence, see ante, p. 289-293.

Indictment for slanderous words to a magistrate.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that heretofore, to wit, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, at the parish of B. in the county of M., one J. S. was brought before J. N. esquire, then and yet being one of the justices of our said lord the King assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county; and the said J. S. was then and there charged before the said J. N., upon the oath of one A. C., that he the said J. S. had then lately before feloniously taken, stolen, and carried away divers goods and chattels of the said A. C. And the jurors aforesaid, upon their oath aforesaid do further present, that the said J. S., being a scandalous and ill disposed person, and wickedly and maliciously intending and contriving to scandalize and vilify the said J. N., as such justice as aforesaid, and to bring the administration of justice in this kingdom into contempt, afterwards, and whilst the said J. N. as such justice as aforesaid was examining and taking the depositions of divers witnesses against him the said J. S. in that behalf, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, wickedly and maliciously, in the presence and hearing of divers good and liege subjects of our lord the King, did publish, utter, pronounce, declare, and say, with a loud voice, to the said J. N., and whilst he the said J. N. was so acting as such justice as aforesaid, "You are a scoundrel and a liar; you would hang your own father if you could make a groat by his execution :" to the great scandal and reproach of the administration of justice in this kingdom, to the great scandal and damage of the