nue 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 the said J. W. and should cause and procure the said W. W. to be retained and employed by the commissioners, appointed and authorised 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

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 person for reward, favour, 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, concerning 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 chan
cellor, register and commissary in
the ecclesiastical courts, because
matters come before those tribu-
nals affecting 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 com-
mon law to dispose of the latter, if
granted under the great seal 4 Burr.
2500. And, in addition to forfei
ture 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 intro-
duced by 49 Geo. III. c. 126,

[*683]

[*684]

Informa

tion for at

first lord of the treasury, in

order to procure

and reward which should and might arise therefrom. And
the jurors, &c. do further present, that in pursuance of the
said corrupt and unlawful agreement, 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 em-
ployment in favour 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 dis-
tributor of such stamped vellum, parchment and paper, as
aforesaid, in and for the said county of D. and as such re-
ceiver as aforesaid, in lieu and stead of him the said W. W.
and that the said J. W., in further pursuance of the said cor-
rupt 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 afore-
said, until 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 con-
tempt, &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 attend the supreme court, residing in the town of St. Jatempting go de la Vega, otherwise Vaga, within his majesty's island to bribe a of Jamaica in America, now is, and for divers years last past hath been, an office of great trust, concerning the administration and execution of justice, within 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 deputy or deputies, hath for a long time, to wit, for the space of twenty years and upwards, now last past, signed and sealed writs, and 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 ter to the the same court, and that the said office hath been, and is in

the rever

sion of an

office in Jamaica. First

count, for send

ing a let

ས

the gift and disposal of the king of this realm, by grant, un- minister, inclosing der the great seal of Great Britain, and before the commitan affidating any of the offences hereinafter mentioned, had been vit. (k) 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, on 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 mentioned* died, and the said Á. F. survived them, and is still [*685] 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

(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 indictable offence. 2 East, 5. Thus an attempt 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 alTegation that the object of the at

tempt was to induce him to suffer
them to be conveyed to another
place than the quay or wharf ap-
pointed for the landing of them,
and that an order had been made to

land them at the quay or wharf ap-
pointed 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 ac-
cording to the kind of offence which
the solicitation is intended to pro-
duce. In the case of Higgins, the
sentence was two years imprison-
ment and exposure in the pillory. 2
East, Rep. 5.

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 *686] persons, to be nominated by him* the said W. J. upon the same conditions as are mentioned in the letters-patent of his said late majesty, for a pecuniary reward, to be paid to him the said duke of G., the tenor of which letter is as follows: My lord duke (meaning the duke of G.) The strict honour of Mr. H. N. (meaning one H. N. of H. in the said county of Middlesex, a person well known to the said duke of G.) as well as his (meaning the said H. N's) very sincere regard for your grace, (meaning the said duke of G.) rendered him in my opinion the properest person to entrust with a proposition that required the utmost secrecy; but his (meaning the said H. N.'s) delicacy preventing, I (meaning himself the said W. J.) am by the nature of it precluded from every other method but immediate application to your grace, (meaning

the said duke of G.) in which I (meaning himself the said W. J.) am confirmed by Mr. H.'s (meaning one J. H.'s applying yesterday,) to purchase a resignation of the patentee, who is my (meaning his the said W. J.'s) friend: the inclosed affidavit (meaning and alluding to the said paper writing, purporting to be an affidavit as aforesaid) will shew the proposal, which will be encreased if necessary, and would your grace (meaning again the said duke of G.) indulge me (meaning himself the said W. J.) by perusing the case, I (again meaning himself the said W. J.) trust it would appear that I (again meaning himself the said W. J.) have a pretension in preference to any other, I (again meaning himself the said W. J.) will take an opportunity of waiting upon your grace, (meaning the said duke of G.) hoping the honour of a conference; otherwise to receive back the affidavit (meaning again the said paper writing purporting to be an affidavit) in order to destroy the same. I (again meaning himself the said W. J.) am your grace's most obedient and most humble servant, W. J. (again meaning himself the said W. J.) Fenchurch Street, 10th June, 1769. His grace the duke of G. And the tenor of which said paper writing purporting to be an affidavit is as follows: that is to say, "London to wit, this day appeared before me W. J. of London, merchant, (meaning the said W. J.) and made oath upon the holy evangelists, that he (meaning the said W. J.) being informed that Mr. H. (meaning the said J. H. had said, that he either expected or was promised the reversion of the clerk of the court's office in the island of Jamaica; (meaning the said office of the chief clerk, to attend the supreme court residing in the town of Saint Jago de la Vega, otherwise Vaga, within the said island of Jamaica ;) and as he this deponent (meaning the said W. J.) apprehends, that he (meaning the said W. J.) has some degree of merit in what he (again meaning the said W. J.) has already done to promote public security of property, by the regular recording judgments, &c. and in properly conducting the said office; and that as his (meaning the said W. [*687] J's.) own interest renders necessary the continuing the same regularity; therefore he this deponent (meaning the said W. J.) doth hereby voluntarily promise and engage, that in case the reversion of the said office shall be made and procured for the natural lives of his three sons, B. J. M. J. and J. J. or for the lives of three other persons to be nominated by him (meaning the said W. J.) which ever shall be proposed, upon the same conditions as are mentioned in the last patent (meaning the said letters patent of his said late majesty, hereinbefore mentioned) for that office, that then he this deponent (meaning the said W. J.) will, upon the same patent being delivered to him, (meaning the said W. J.) pay into the Crim. Law.

VOL. III..