his behaviour in his office, and is punishable at common law, by fine and imprisonment, and thofe who offer a bribe, which is not accepted, are punishable in the fame manner. Our legislature have made no law on this fubject, nor has there ever been a profecution of this nature before our courts. Bribery and undue influence in the election of officers, were confidered when we treated of that fubject.

II. 2 Barratry at common law, is the frequent stirring up fuits and quarrels, between the people, either at law or otherwife, and is punishable by fine and imprisonment, and if the barrator be a lawyer, by difability to practice. The fuing of a perfon in the name of a fictitious plaintiff, or one ignorant of the suit, and who has given no authority to do it, is not only a civil injury, but an offence at common law.

a

Barratry by ftatute, is the vexing of others with unjust, frequent and needlefs faits, and is punishable by a fine of five pounds, payable to the state treafury, and to become bound before the court, by whom he is convicted, to his good behaviour, for one year at leaft, and on refufal, to be committed for that time, or till he com

ply.

III. Vexatious fuits by ftatute are, where a perfon wittingly and willingly wrongs auother by commencing and profecuting any action, fuit, complaint or indictment in his own name, or in the name of others, with intent unjustly to vex and trouble him, and the punishment is treble damages to the party injured, and a fine of forty fhillings to the county treasury, and for the third offence, he shall be adjudged and puoceeded against as a common barrator.

IV. e Maintenance is an officious intermeddling in a fuit, that no way belongs to one, by maintaining, or allifting either party with money, or in any other way to profecute or defend it, and is punishable at common law by fine and imprisonment. To maintain the fuit of a relation, fervant, or poor neighbour out of charity and compaffion, is not criminal.

V. Champerty, is where a bargain is made with a plaintif or defendant, to divide the land or other matter, in contest, be

13 Inst. 147. 4 Black. Com. 134- a Statutes, 14. ei Hawk. P. C. 249. Black. Con. 134, dIbid. 134.

tween Inid. 258.

1 Hawk. 255,

tween them, if they prevail at law, and upon this confideration that the champerter carry on the fuit at his own expence. This offence is punishable at common law, by fine and imprisonment.

VI. e

Confpiracy, is a combination to indict or procure to be profecuted an innocent man falfely and malicioufly, and who is accordingly indicted, and acquitted. There must be two or more confpirators, no probable caufe of complaint, circumstances to evidence a malicious defign, an actual indictment, and an acquittal. We have confidered the private remedy in favour of the party injured-The public offence at common law is punished by fine, imprisonment, and pillory.

VII. Embracery, is an attempt to influence the jury, corruptly to one fide, by promifles, perfuafions, entreaties, money, entertainments and the like, and the punishment at common law is fine, and imprisonment.

VIII. & Oppreffion at the common law, is the tyrannical and wicked partiality of judges, juftices, and other magiftrates in the adminiftration of juftice, and under colour of their office, and punifhable by fine and imprifonment.

IX.

Extortion, is where an officer unlawfully takes by colour of his office, from a man, any money, or thing of value, that is not due, or more than is due, or before it is due, and is punishable by fine and imprisonment. For the common law offences mentioned in this chapter I never heard of any profecution in this ftate.

1.

CHAPTER THIRTEENTH.

OF CRIMES AGAINST PUBLIC MANNERS.

THE neglect of the education of children, may be deemed

criminal, when fo many thousand volumes have been written, to prove the importance of the duty. Our law however only requires parents to give their children that kind of education, which qualifies them for the duties of common life, and leads the way to higher improvements, where they poffefs genius and tafle for literature. But this would have been ineffectual, had they not alfo furnished the means of communicating this inftruction.

e 4 Black. Com. 136. fi Hawk. P. C. 247. g 4 Black. Com. 141.

Haw

C. 179.

"

All parents and masters of children, are required to teachi and inftruct, or to caufe to be taught and inftructed, all children under their care, according to their ability, to read the English tongue well, and to know the laws against capital offences, or at leaft to inftruct them in the rudiments of religion, by learning them fome short orthodox catechifin. A neglect of this duty, fubjects them to a forfeiture of twenty fhillings for the use of the poor

the town.

All parents and mafters fall employ and bring up their children and apprentices, in fome honeft and lawful calling, labour, or employment, profitable to themselves and the ftate, and on failure the felectmen may bind them out.

II. The flubbornefs of children, is punished in aid of family government; and when a child or fervant, upon a complaint made, fhall be convicted of any ftubborn or rebellious carriage, againft their parents or mafters, before any two affiftants, or juftices of the peace, they are author fed on conviction, to commit fuch child or fervant to the house of correction, there to remain under hard labour and fevere punishment, fo long as faid authority fhall judge meet, who on reformation of fuch children or fervants may order their difcharge.

III. All rogues, vagabonds, and fturdy beggars, and other lewd, idle, profane, diffolute and diforderly perfons, that have no fettlement in this ftate, may by an affiftant, or justice of the peace, be sent to the workhoufe of the county, and there be kept to hard labour, under the regulations of fuch workhoufe until releafed by order of law.

All perfons ufing or pretending to ufe any fubtle craft, juggling, unlawful games or plays, or feigning themfelves to have knowledge in phyfiognomy, palmiftry, or pretending they can tell deftinies, fortunes, or difcover where loft or ftolen goods may be found: allo common pipers, fiddlers, runaways, fubborn fervants or children, common drunkards, common nightwalkers, pilferers, wanton and lafcivious perfons, either in fpeech or behaviour, common railers or brawlers: also fuch as are guilty of reviling and profane fpeaking, or neglect their callings, mifpend what they earn, and do not provide

Satures, 20.

A Ibid.

provide for themselves and the fupport of their families, upon due conviction of any of the offences or disorders aforefaid, may be sent to the workhouse. There can be no doubt but that most of the acts and characters above described, are the proper fubject of legal animadverfion; but fuch general expreffions give fuch a boundless Jatitude of construction, and difcretion to courts, as to be incompa tible with civil liberty. The crimes ought to be defined for which fach fevere punishments are to be inflicted, and this would be a very proper fubject for legislative consideration.

IV. The law refpecting taverns is calculated to render them ufeful and convenient for the community without encouraging drunkeness and idleness. Upon nomination by the civil authority and felectmen of the town, the county courts have power to grant licences to the perfons nominated, to continue in force one year, and shall take a bond in the fum of twenty pounds, conditioned for the obfervance of the laws respecting taverns. No licensed tavernkeeper fhall fuffer any minors, apprentices, fervants, or negroes to fit drinking in his houfe, or to have any ftrong drink, without fpecial order and allowance of the parents and masters, upon the penalty of fix fhillings for every offence: nor fhall they fuffer any perfons, (ftrangers and travellers excepted,) to meet in companies in their taverns, on the evening preceeding or following the Lord's day, or any day of public fafting, upon penalty of forty fhillings: but if fuch tavern-keeper forbid their continuance in his houfe, and give notice to fome conftable he fhall be excufed from the penalty. If any inhabitant, or perfon belonging to a town, be found in any tavern, the night preceding or following the Lord's day at any time; or after nine o'clock, on any other night, except for fome good reafon, or extraordinary occafion, he fhall incur a penalty of three fillings. It is the duty of conftables to make fearch and command fuch people to depart, and on their refufal, may arrest and keep them, till they can carry them before an affistant or juftice of the peace, and on conviction, they fhall incur a penalty of fix fhillings. No tavern-keeper fhall fuffer any inhabitant of a town, or coming from another town, to fet drinking, or tippling in his houfe or dependencies, or to continue there more than the Грасе

Statutes, 240.

space of an hour at a time, (travellers or perfous on business, or any extraordinary occafion excepted,) on penalty of fix fhillings.

The civil authority, felectmen and grandjurors may cause the names of tavern-haunters to be pofted at the doors of taverns, for. bidding tavern keepers to fell them ftrong drink, and if a tavernkeeper afterwards fell any ftrong drink to a perfon fo pofted, he hall pay a fine of three pounds and if fuch tavern haunters do not reform, they may be compelled to find fureties for their good behaviour, and on failure may be fubjected to pay a fine of twenty fhillings, or fit in the ftocks two hours. The fe laws were made at a very early period of our government, and evidence the difpofition of our ancestors, to prevent the deftructive practices of idle. nefs and drunkennefs. They are unquestionably too fevere and rigid, and unneceffarily abridge the liberty of the people, in regard to amufements. The confequence is, that they are little regarded, profecutions have rarely been had upon them for many years, and they may generally be confidered as obfolete. It would be much founder policy to repeal thefe laws, and establish such regulations respecting taverns, as are really neceflary to prevent their abufe, and enforce the thorough execution of them. But the making of fuch rigourous laws, that mankind condemn them, and are difinclined to their execution, is in effect to leave the fubject without any regulation or restraint.

A

V. Unlicenced houses, are reftrained by a statute enacting, that no perfons, (except fuch as have a licence from the court of common pleas of the county in which they dwell, for keeping a tavern or houfe of public entertainment,) fhall be a common victualler, inholder, taverner, or feller of wine, or ardent fpirits, beer, ale, cyder, or any other strong liquor by a lefs quantity than a pint of wine, or ardent fpirits, a quart of metheglin, cyder, beer or fuch like liquor, and that delivered and carried away at one time, on peny of twenty fhillings for every offence, payable to the treafury of the town where fuch offence is committed. And any one aflistant or justice of the peace, has power o hear and determine all breaches of this act, and no appeal lies from his judgment. The oath of one credible witnefs is declared to be fufficient evidence, and

a Statutes, 45C.