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THat Embracerie of the Kings subjects, which is mentioned in those Statutes, may be of two sorts: For either it may be taken for the drawing of men into Bands and Com∣panies, for maintenance sake; and then it is but a member of the former maintenance: or else it may signifie, the seducing of Iurors to pervert Iu∣stice; the which is more properly called, and most commonly known, by the name of Embracerie, and yet
is a sort of Maintenance, and Conspi∣racie also: For in this respect, the Statute (28. Ed. 1.) called this sort of men, false Informers, and Embra∣ceours of Assises, and Iuries: And the Statute (38. Ed. 3. cap. 13.) defi∣neth them to be Embraceours, which doe sollicite and procure Enquests in the Countrie, to make gaine and profit thereby.
It tooke the name, and may well be derived, either of the French word Embracer, which is to kindle or set on fire; or else of the word Embrasher, of the same Language, which our Tongue hath adopted, and useth in the same sence; that is, where one man ta∣keth another in his armes, and (as we usually speake) embraceth him: For by a Metaphor, of the first meaning, he that laboureth a Iurie for the one side, (or partie) may well be tearmed an Embracer, because he cannot doe it without kindling (or incensing) their
mindes against the other partie: And ••y a Metaphor, of the second meaning, ••e may be said to be an Embraceour of a Iurie, that maketh much of them, and embraceth them in the armes of faire speech, gifts, or promi∣ses; to the end, to allure and winne them to the one side, against the other. So that, if a man will take upon him to labour and plie a Iurie for the one side, before they come to the Barre; or for to affray them, when they be at the Barre; or by any meanes endeavour to corrupt them, for the helpe of the one partie against the other; hee is a speciall Maintainer, under the name of Em∣bracerie.
What Evils doe follow of this fault, may be seene by this, That it is a sort of Maintenance; and there∣fore sendeth abroad the like effects, in generalitie, that our Maintenance have: But especially, it is occupied in
corrupting of Iurors, which are (i•• effect) the very Iudges of our La•• seeing that the Iudges can give no o∣ther sentence, than according to the Verdict which the Iurie presented unto them.
Now what harmes may ensue by poisoning the opinion of Iurers in the Realme (wherein the chiefe procee¦ding in Law is by the meanes of them) every man may see, and (t•• say the truth) no lesse mischiefe doe accompanie it, than the secret un∣dermining, ruine, and overthrow of all Law, Right, and Iustice.
Worthily therefore hath the Law (38. Edw. 3. cap. 12.) ordained That if any person shall (for his owne gaine) embrace any Iurie or Inquest, he shall lose ten times so much as he received; and 〈◊〉〈◊〉 he have not whereof to answe•• so much, then he shall endure a whole yeeres imprisonment:
But if hee shall embrace a Iurie, without taking any thing for his labour, yet by the Statute (32. H. 8. cap. 9.) he shall pay ten ••ounds for every such his of∣fence.