case sir george more against foster to say of a commissioner for the  examination of witness that he have take bribe to favour one of the party be  actionable roll ab Yelv   palm cro car Bac ab hawk p c salk will action for  word whereas such a suit be depend in chancery betwixt the defendant and one  king and in that suit a commission be award to the plaintiff and to three  other there name by the assent of the party ad to weigh testes et to hear et  to set bounds if they can by the assent of the party and if they can not to  certify their do c that the defendant say of the plaintiff these word sir  George more be a corrupt man and have take bribe of Richard king innuendo that  he have take bribe of Richard king for execute that commission et beyond dixit  that Richard king have set sir George more on horseback with his bribe to  pervert justice and equity the defendant plead not guilty and it be find for  the plaintiff and one hundred pound damage it be now move in arrest of  judgement that a action lie not for these word for it be not show that he  execute this commission or examine any witness or that he be swear to execute  any such commission and therefore he be not punishable if he misexecute it nor  be it show that it be return William justice be of opinion that the action lie  not because he be but a voluntary commissioner choose by assent of the party  and but in nature of a arbitrator and be not any judge who have take any oath  nor any public officer but Popham chief justice gawdy Fenner and Yelverton e  contra for although he be not swear to execute duly the say commission yet  have the king commission to execute it be a matter wherewith he be entrust and  if he take bribe for the execute thereof it be a breach of the trust repose in  he and be so great a offence that he may be indict and fine by the commonlaw  as Popham say they all hold it to be such a offence for which he be punishable  in the starchamber and deserve to be put out of every commission and there can  be any great slander to a person of reputation than to affirm that he take  bribe to pervert justice and equity wherefore it be adjudge for the plaintiff