[*151]

For not aid

I am bound, however reluctantly, to believe that he (meaning
the said T. C.) has committed wilful and corrupt perjury, I
have now only to inform you (meaning the said P. W. and the
said T. W.) as the defendant's attornies, (meaning the attor-
nies of the said B. C.) that if the defendant, (meaning the said
B. C.) attempt to avail himself of his verdict, I shall think it
my duty to follow my instructions and commence a prosecu-
tion against Mr. Thomas Coombe, (meaning the said T. C.) I
was unwilling at the time of the trial to believe that a young
man who ought to be so respectable as the defendant's son,
(meaning the said T. C. the son of the said B. C.) could so far
forget his character, but my subsequent information puts the
matter out of all doubt. I will not dissemble my strong repug-
nance to a measure of this kind, aware as I am of the ruinous
consequences to the object of it, and nothing but the defendant's
(meaning the said B. C.'s) obstinacy shall compel me to adopt
it: if, therefore, he, (meaning the said B. C.) will relinquish
all benefit of his verdict, in other words, if he (meaning the.
said B. C.) will place the plaintiff (meaning the said J. C.) in
the same situation in which he would have been, but for the
false evidence of his son, (meaning the said T. C.) the young
man (meaning the said T. C.,) may yet have an opportunity of
preserving his character from the infamy of a conviction in
open court of the crime of perjury; awaiting your reply, I am,
gentlemen, your most obedient servant, Alexander Wilson.
Newcastle, 14th April, 1812. With intent then and there to
extort and procure from the said B. C. a relinquishment of* all
benefit of the said verdict, for the purpose of preventing the
said prosecution of the said Thomas Coombe, in the said letter
alleged to be intended, from being commenced, in contempt of
our said lord the king and his laws, to the evil example, &c.
and against the peace, &c. [Other counts treating the letter as
a libel on the son.]

[Commencement as ante 2.] That on, &c. at, &c. one ing a head- Knowles was lawfully possessed of a certain dwelling house, borough who situate and being in the parish of, &c. in the hundred of Walesdefendant to bone, in the county of Sussex, and that the said

called upon

soner who

was in cus

tody for a breach of the peace, and attempt

Knowles

assist in se- being so possessed thereof, one Jackson, on, &c. aforecuring a pri- said, to wit, at, &c. aforesaid, entered, and came into the said dwelling house, and then and there with force and arms made a great noise and disturbance therein, and then and there assaulted, insulted, abused, and ill-treated the said Knowles and his family in the said dwelling house, in breach of the peace of our said lord the king. And the jurors, &c. do further present that one C. W. then and there being one of the headboroughs of and for the hundred of W. aforesaid, in the county aforesaid, and in the due execution of his said office, then and there also being, and then and there also seeing and observing upon his own view the said - Jackson, then and there with force and arms so breaking and disturbing the peace

ing to

escape.

of our said lord the king, and misbehaving himself in manner aforesaid, he the said C. W. according to the duty of his said office, as headborough, as aforesaid, did then and there arrest and take the said Jackson, in order to prevent and restrain him from any further continuing to make the said disturbance and breach of the peace, and to carry the said - Jackson before some justice or justices of our said lord the king, assigned to keep the peace in and for the said county of Sussex, to answer the premises, and to be dealt with according to law, for his said offence, and then and there had the said Jackson in his custody on that occasion. And the jurors, &c. aforesaid, do further present, that the said Jackson did then and there with force and arms, violently, forcibly, and unlawfully resist and obstruct the said C. W. in the due execution of his office, and that he the said C. W. being such headborough as aforesaid, thereupon did then and there on, &c. aforesaid, at, &c. aforesaid, in his proper person apply to one T. L. late of the said parish of, &c. aforesaid, in, &c. aforesaid, and he the said T. L. being then and there present, and in his majesty's name did then and there, and on, &c. aforesaid, at, &c. aforesaid, charge and require the said T. L. to aid and assist him in the preservation of the peace of our said lord the king, and for the better securing the said

Jackson, so as aforesaid, in custody for the cause aforesaid, in order to his being brought to justice,* and dealt with accord- [*152] ing to law, for the same offence, and although the said T. L. then and there well knew that the said C. W. then was such headborough as aforesaid, and that he was so in the due execution of his said office, and had so apprehended and had in his custody the said Jackson for the cause aforesaid; yet the said T. L. not regarding his duty in that behalf, on, &c. aforesaid, at, &c. aforesaid, with force and arms, unlawfully, obstinately, and contemptuously did neglect and refuse to aid and assist the said C. W. for the purpose and on the occasion aforesaid, in the manner he the said T. L. was charged and requested to do as aforesaid, or in any other manner whatsoever, contrary to his duty in that behalf, in manifest contempt of our said lord the king and his laws, to the great hindrance of justice, to the evil example, &c. and against the peace, &c. And the jurors, &c. further present, that hereto- Second fore (to wit) on, &c. aforesaid, at, &c. aforesaid, the said C. W. count. then and there being such headborough as aforesaid, and in the due execution of his said office then and there also being, the said - Jackson, with force and arms, did then and there violently, forcibly, and unlawfully resist and obstruct the said C. W. in the due execution of his said office, and he the said C. W. being such headborough aforesaid, thereupon did then and there, on, &c. aforesaid, at, &c. aforesaid, in his proper person, apply to the said T. L. being then and there present as aforesaid, and in his majesty's name, did, then and there,

on, &c. in, &c. aforesaid, cause and require the said T. L. to aid and assist him in the preservation of the peace of our said lord the king, and for the securing of the said Jackson, still then and there continuing to resist and obstruct the said C. W. in the due execution of his said office, in order to his being dealt with according to law, yet the said T. L. not regarding his duty in this respect, and then and there well knowing the said C. W. then was such headborough, as aforesaid, and so in the due execution of his said office as aforesaid, to wit, on, &c. aforesaid, at, &c. aforesaid, with force and arms, unlawfully, obstinately, and contemptuously did neglect and refuse to aid and assist the said C. W. for the purpose and on the occasion aforesaid, in the manner he the said T. L. was charged and requested to do as aforesaid or in any other manner whatever, contrary to his duty in that behalf, in manifest contempt of our lord the king and his laws, to the great hindrance of justice, to the evil example, &c. and against the peace, &c. his crown Third count. and dignity. And the jurors aforesaid upon their oath afore(d) said, do further present that heretofore (to wit) on,* &c. afore[*153] said, at, &c. aforesaid, the said Jackson being then and there

in the lawful custody of the said C. W. as such headborough as aforesaid, for a breach of the peace by him the said Jackson committed, he the said C. W. being then such headborough as aforesaid, and in the due execution of his office, then and there also being, the said Jackson did then and there with force and arms, violently, forcibly, and unlawfully resist and obstruct the said C. W. in the due execution of his said office, and attempt to escape from his lawful custody, and go at large, contrary to the will of the said C. W. And that he the said C. W. being such headborough as aforesaid, thereupon did then and there, on, &c. aforesaid, at, &c. aforesaid, in his proper person, apply to the said T. L. he the said T. L. being then and there present, and in his majesty's name did then and there, to wit, on, &c. aforesaid, to wit, at, &c. aforesaid, charge and require the said T. L. to aid and assist him the said C. W. as such headborough as aforesaid, in the preservation of the peace of our said lord the king, and for the securing the said

Jackson, and for preventing the said Jackson from effecting his escape from and out of the lawful custody of him the said C. W. he the said C. W. being then and there such headborough as aforesaid, and in the due execution of his said office, in conveying the said Jackson to a place of safe custody, to be dealt with according to law. Yet the said T. L. then and there well knowing that the said C. W. then was such headborough as aforesaid, and so in the due execution of his said office, and not regarding his duty in this respect afterwards, to wit, on, &c. aforesaid, to wit, at, &c. aforesaid, with force and

(d) This count seems too general.

arms, unlawfully, obstinately, and contemptuously did neglect, and refuse to aid and assist the said C. W. for the purpose, and on the occasion aforesaid, in the manner he the said T. L. was charged and required to do as aforesaid, or in any other manner whatever, contrary to his duty in that behalf, whereby the said Jackson did then and there (to wit) on, &c. aforesaid, at, &c. aforesaid, effect his escape from and out of the lawful custody of, and against the will of the said C. W. he the said C. W. being then and there such headborough as aforesaid, and in the due execution of his said office, and did go at large in manifest contempt of our said lord the king, and his laws, to the great hindrance of justice, to the evil example, &c. and against the peace of, &c.

contrary to

sist another

had offend

That on, &c. at, &c. divers disorderly persons, to the num- Against a ber of twenty or more, to the jurors aforesaid as yet unknown, constable for then and there did unlawfully, riotously, and routously assemrefusing, ble and meet together, to disturb the peace of our said lord the verbal direcking, and being then and there so unlawfully, riotously, and [*154] routously assembled and met together, did commit divers out- tion of a jusrages, to the great terror of all the liege subjects of our said tice, to aslord the king, as well inhabiting and residing, as passing and constable in repassing there, and against the peace of our said lord the securing a king, his crown, and dignity, and that, &c. J. H. then being person who one of the constables of the said parish (f) did then and there ed, &c. (e) apprehend, and take, and cause to be apprehended and taken, one D. S. late of W. in the county aforesaid, labourer, being one of the principal persons, so as aforesaid, unlawfully, riotously, and routously assembled and gathered together, to disturb the peace of our said lord the king as aforesaid, and the said D. S. in the custody of him the said J. H. for the cause aforesaid, then and there had, and that afterwards, to wit, on, &c. at, &c. he the said J. H. the constable aforesaid, by the order and direction of E. M. esquire, then and yet being one of the justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the said county of M. and also to hear and determine divers felonies, trespasses, and other misdemeanours, in the said county committed, did, in his own proper person, apply to T. L. then of the said parish of A. in the county aforesaid, blacksmith, and then being also one of the constables of the said parish, and by such order and direction he the said J. H. did, in his majesty's name, then and there charge, and require the said T. L. forthwith to go along with him the said J. H. to aid and assist him in the preservation of the peace of our said lord the king, and for the better securing of the said D. S. so as aforesaid in custody for

Cro. C. C. 151. 2 Stark. 579. Quære, if it should not state that he had view of the breach of the

peace, as in precedent, ante 151. sce
ante 1 Vol. 23.

For felony, on 43 Geo. [*155]

struct the ap

of defend

the cause aforesaid, in order to his being brought to justice, and dealt with according to law, for the same, yet the said T. L. so as aforesaid, being one of the constables of the said parish as aforesaid, well knowing the premises, but not regarding the duty of his same office, afterwards, to wit, on the said, &c. at, &c. unlawfully, obstinately, and contemptuously did neglect and refuse to aid and assist the said J. H. for the purpose and on the occasion aforesaid, in the manner he the said T. L. was charged and requested to do as aforesaid, or in any other manner whatsoever, contrary to his duty in that behalf, in contempt of our said lord the king, and his laws, to the great hindrance of justice, and against the peace, &c.

That Richard Hayward late of, &c. otherwise called Reginald Harwood,* late of the same, labourer, on, &c. with force and arms, at, &'c. aforesaid, two bolsters of the value of five III. c. 58. for shillings, and two pillows of the value of five shillings, of the assaulting, &c. with in- goods and chattels of Richard Crabtree, then and there being tent to ob- found, feloniously did steal, take and carry away, against the prehension peace of our said lord the king, his crown, and dignity. And the jurors aforesaid, upon their oath aforesaid, do further preants having sent, that the said Richard Hayward, otherwise called Regicommitted a nald Harwood, having so done and committed the felony aforefelony. (g) said, in manner and form aforesaid, afterwards, to wit, on the said, &c. aforesaid, with force and arms, at, &c. aforesaid, in and upon B. C. a subject of our said lord the king, in the peace of God and our said lord the king, then and there being, feloniously, wilfully, maliciously and unlawfully did make an assault, and with a certain sharp instrument then and there feloniously, wilfully, maliciously and unlawfully did strike, stab and cut the said B. C. in and upon the head of him the said B. C. with intent in so doing, and by means thereof (h) to obstruct, resist and prevent the lawful apprehension and detainer

(g) This indictment was settled by an eminent crown lawyer, and the defendant was convicted and executed. See the next precedent, and other precedents on this statute, post title Assault. As to the offence. The 43 Geo. III. c. 58. s. 1. enacts that "if any person shall wilfully, mali ciously and unlawfully shoot at any of his majesty's subjects, or shall wilfully, maliciously, and unlawfully present, point or level any kind of loaded fire-arms, at any of his majesty's subjects, and attempt by draw ing a trigger, or in any other manner to discharge the same at or against his or their person or persons, or shall wilfully, maliciously and unlawfully stab or cut any of his majesty's subjects with intent in so doing, or by

means thereof to murder or rob, or to maim, disfigure or disable such his majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his majesty's subject or subjects, or with intent to obstruct, resist, or prevent the lawful apprehension and detainer of the person or persons so stabbing or cutting, or the lawful apprehension and detainer of any of his, her, or their accomplices for any offences for which he, she, or they may respectively be liable by law to be apprehended, imprisoned, or detained, he shall be deemed guilty of felony without be nefit of clergy."

(h) In the next precedent here are inserted "wilfully, maliciously and feloniously."