Online Encyclopedia

EMBRACERY (from the O. Fr. embraseour...

Online Encyclopedia
Originally appearing in Volume V09, Page 309 of the 1911 Encyclopedia Britannica.
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EMBRACERY (from the O. Fr. embraseour, an embracer, i.e. one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire; " embrace," i.e. to hold or clasp in the arms, is from O. Fr. em-bracer,
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Lat.'in and bracchia, arms)
  , in law, the attempting to influence a juryman corruptly to give his verdict in favour of one side or the other in a trial, by promise, persuasions, en-
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treaties,
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money, entertainments and the like . It is an offence both at
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common law and by
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statute, and punishable by
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fine and imprisonment . As a statutory offence it
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dates back to 136o . The offence is
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complete, FIG. i.—Fragment of a
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linen robe, found in the tomb of Tethmosis (Thothmes) IV. at Thebes, whether any verdict has been given and now in the Cairo Museum . The cartouche has the name of Amenophis (Amenhotep) II. or not, and whether the verdict is in (c 15th century B.C.) . accordance with the
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weight of evidence or otherwise . The person making the attempt, and any juryman who consents, are equally punishable . The false verdict of a
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jury, whether occasioned by embracery or otherwise, was formerly considered criminal, and jurors were severely punished, being proceeded against by writ of attaint (q.v.) . The Juries Act of 1825, in abolishing writs of attaint, made a
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special exemption as regards jurors guilty of embracery (§ 61) .
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Prosecution for the offence has been so extremely rare that when a case occurred in 1891 (R. v . Baker, 113, Cent . Crim .

Ct . Sess . Pap . 374) it was stated that no precedent could be found for the

indictment . The
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defendant was fined f,200, afterwards reduced to loo .

End of Article: EMBRACERY (from the O. Fr. embraseour, an embracer, i.e. one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire; " embrace," i.e. to hold or clasp in the arms, is from O. Fr. em-bracer, Lat.'in and bracchia, arms)
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