Online Encyclopedia
Make a correction
Your email address will not appear on the site. Note, comments may take some time to be approved.
Back to 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)
Your email:
Article name:
Article content:
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), 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-treaties, money, entertainments and the like. It is an offence both at common law and by statute, and punishable by fine and imprisonment. As a statutory offence it dates back to 136o. The offence is complete, FIG. i.—Fragment of a 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 weight of evidence or otherwise. The person making the attempt, and any juryman who consents, are equally punishable. The false verdict of a 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 special exemption as regards jurors guilty of embracery (§ 61). 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 defendant was fined f,200, afterwards reduced to loo.