W., and the said J. R. as such high steward as aforesaid, during all the time last aforesaid continually neglected, forbore and refused to pay to the said J. W. any more or further sum of money for the cause and occasion aforesaid, from the funds of the said society, to wit, at, &c. aforesaid, and the said J. W. so being by sickness rendered incapable of and disabled from working at his said trade or business, or otherwise for his livelihood, on the same day and year last aforesaid, at, &c. aforesaid, personally came and appeared before J. S. gent. and C. S. esquire, being two of the justices of our said lord the king, assigned to keep the peace in and for the said city and county of the said city, and then and there residing in the said city and county of the said city, and also to hear and determine divers felonies, trespasses and other misdemeanours within the said city and county of the said city committed, and then and there residing and each of them residing in the said city and county of the said city, and then and there before the said J. S. gent., and C. S. esquire, being such justices aforesaid, took his corporal oath upon the holy gospel of God, and they the said justices then and there having competent authority to administer an oath the said J. W. in that behalf, and did depose and give the said justices to understand and be informed that he the said J. W. had been for forty years and upwards, and still was a member of the said society, and that he the said J. W. before and on, &c. was by sickness rendered incapable of, and disabled from, working at his trade or business, or otherwise for his livelihood, and did give due notice of, and declare, the same to J. R. of the parish of St. Michael, in the said city and county, tailor, he the said J. R. at the time of giving such [*290] notice being high steward* of the said society according to the rules of the said society, and did thereupon claim to be allowed the weekly sum of 5s. during the time which he should continue so incapable as aforesaid, from the funds of the said society, pursuant to the articles of the said society, and that a certificate under the hand of T. W. G. surgeon, to the said society, that he the said J. W. was by sickness rendered incapable of working at his trade or business, or otherwise for his livelihood, was on the said, &c. delivered to the said J. R. and that the said J. W. had ever since the said, &c. been and still was by sickness rendered incapable of, and disabled from, working at his trade or business, or otherwise for his livelihood, and on, &c. then instant became and still is lawfully intitled according to the rules of the said society to the sum of 41. 12s. which with eight shillings already received from the said J. R. made the sum of 51. for twenty weeks' allowance from the funds of the said society, and that the said J. R. had not paid to the said informant J. W. the said sum of 4l. 128. to which he was intitled as aforesaid or any part thereof, and that the same was still due and owing to the said J. W. according to the rules of the said society, to wit, at the, &c. aforesaid. And the jurors,

&c. do further present, that the said J. S. and C. S. being such justices as aforesaid, did thereupon afterwards, to wit, on, &c. aforesaid, duly summon the said J. R. to appear before them the said J. S. and C. S. so being such justices as aforesaid, to show cause why the said sum of 4/. 128. should not be paid to the said J. W. accordingly, and that the said J. R. having been so summoned as aforesaid, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, and before the said J. S. and C. S. being such justices as aforesaid, personally appeared to show to the said justices cause why the same should not be paid as by the said summons he was required: and that the said J. S. and C. S. being such justices as aforesaid, did thereupon afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, hearing as well what was alleged and proved, as well by the said J. W. as by the said J. R., of and concerning the premises before them the said justices did then and there make their certain order in writing signed with their proper hands, and sealed with the respective seals of them the said J. S. and C. S., so being such justices as aforesaid, the tenor of which said order is as follows: It was here observed that the order should be here set out verbatim and literatim, so that upon a writ of error or removal, by certiorari, the order may appear on the face of it to have properly pursued the authority given by the statute; but quære, if not sufficient to state the order without stating the tenor, &c. After reciting all the preceding circumstances, and the proceedings before the justices, the order as set forth proceeded as follows:] thereupon, they the said justices did [*291] thereby order, that the said J. R. should forthwith pay to the said J. W. the sum of 41. 12s. as and for the arrears of the said weekly allowance, which became due from the said society to the said J. W., on the ninth day of February, then instant. And they the said justices did thereby further order, that the said J. R. should forthwith pay to the said J. W. the further sum of 10s. as and for the costs sustained and paid by him, in and about the premises, making together with the said sum of 4l. 128., the sum of 51. 2s.; to wit, at, &c. aforesaid. And the jurors, &c. do further present, that after the said order of the said J. S. gentleman, and C. S. esquire, the said justices, was so then and there made, in the premises as aforesaid, to wit, on, &c. at, &c. aforesaid, the said J. R., so being such high steward as aforesaid, had notice of the said order, and the said sum of 51. 2s. was then and there, by the said J. W. duly demanded of the said J. R., high steward as aforesaid, to be then and there paid by him the said J. R., so being such high steward as aforesaid, to him the said J. W., in pursuance of, and obedience to, the said order of them the justices aforesaid, according to the exigency thereof, and according to the said office and duty of the said J. R., as such high steward of the said Friendly Society as aforesaid. And the jurors, &c. do further present, that the said J. R., well knowing the premises, afterwards, to

Against the

wit, on the said, &c. at, &c. aforesaid, unlawfully, knowingly, wilfully, obstinately, and contemptuously, did then and there wholly neglect and refuse to pay to the said J. W. the said sum of 51. 2s., as by the said order he the said J. R. was required to do, or in any wise to obey the said order, and the same still remains wholly disobeyed and set at naught by the said J. R. to wit, at, &c. aforesaid, in great contempt of the laws and statutes of this realm, to the evil example, &c. and against the peace, &c.—[Second count stating only the substance of the order.]

That one E. F. before the making of the order hereinafter stewards, &c. mentioned, had been, and was admitted, a member of a certain of a friendly society for friendly society, called, &c. established at, &c. by virtue of a disobeying certain act of parliament, made and passed in the parliament an order of of our lord the king, holden at Westminster, in the county of justices to Middlesex, in the thirty-third year of the reign of our said lord appear and produce the king; intituled, an act, &c. the rules, orders, and regulations their rules, of which said society were duly confirmed, according to the &c. (o). directions of the said act of parliament. And the jurors, &c. do further present, that the said J. A. having been admitted a member of the said society, as aforesaid, before the making of [*292] the order hereinafter mentioned, had been expelled from the said society, and deprived of certain relief and maintenance, to which he considered himself entitled by the stewards of the said society for the time being, and other officers and members thereof, and the said E. F. thought himself aggrieved thereby, and thereupon made complaint thereof to, &c. and, &c. two of his majesty's justices of the peace, assigned, &c. in which the said society was established asaforesaid, against A. B. late of, &c. and C. D. late of &c. who then, and from thence, until, and at the time of the disobedience of the order hereinafter mentioned, were stewards of the said society, I. K. late of, &c. who then, and during that time, was one of the members of the said society, L. M. late of the same place, &c. who then, and during that time, was clerk to the said society; and the said defendants were thereupon duly summoned by the said justices to appear before them at a convenient time and place named in such summons, they the said defendants, or some or one of them, appearing to such justices to have the custody of the said rules, orders, and regulations, of the said society, and the said defendants had not appeared before the said justices, pursuant to the said summons, to wit, at, &c. And the jurors, &c. do further present, that thereupon, heretofore, to wit, on, &c. at, &c. the said defendants so being such justices as aforesaid, on proof upon oath of such summons as aforesaid being duly served, did proceed to hear and determine the matter of the aforesaid complaint, according to the true purport and mean

(0) MS. of a gentleman at the bar. See the last precedent.

ing of the said rules, orders, and regulations of the said society, and the directions of the said act of parliament, and did thereupon, then and there, make a certain order in writing, under their hands and seals, directed to the said, &c. so being stewards of the said society, the said, &c. so being a member thereof, and the said, &c. so being clerk thereof, as aforesaid, and all other persons whomsoever, being officers or members of the said society, whereby after reciting amongst other things, that, &c. [recite the order,] as by the said order of justices fully appears, of which order the said defendants heretofore, to wit, on &c. at, &c. had notice. And the jurors, &c. that the said, &c. so being stewards of the said society, the said, &c. so being a member thereof, and the said, &c. so being clerk thereof as aforesaid, well knowing the premises, but not regarding the said order, nor the said act of parliament, did not, nor would, nor did, nor would either of them personally, or otherwise, be or appear before the said justices at the time and place, in that behalf above mentioned: nor did, nor would, then and there produce before them, the said justices, for their inspection, such books, papers, and writings, as aforesaid, or any, or either of them, or in any respect comply with, or obey, or regard the same order, as they could, and* might and ought to have done, [*293] but wholly refused and neglected so to do, and therein then and there wholly failed, and made default, contrary to the form of the said order, and the said statute in such case made and provided, to the evil example, &c. and against the peace, &c.

FOR EXTORTION.

That C. O. late of, &c. on, &c. at, &c. then and still being Against a constable for one of the peace officers of our said lord the king, called a taking moheadborough, in and for the parish of, &c. in the county afore- ney of a per. said, did arrest and take into his custody one W. S., by virtue son whom he and under colour of a warrant of J. G. esq., then and still being had apprehended unone of the justices of our said lord the king, assigned, &c. der pretence [as ante 182,] then and there directed to the constables, and of getting other his majesty's officers of the peace of the said county, to him distake and bring before the said J. G., or some other of his majesty's justices of the peace of the said county,* the body of [*294] the said W. S., to answer all such matters and things, as on proceedings his majesty's behalf were on oath objected against him by* [295] J. W., for assaulting and beating him and tearing the hair from being had his head; and the said W. S. so being in custody aforesaid, before the justice of the for the purpose aforesaid, to answer the complaint aforesaid, peace. (p)

(p) See form, 4 Wentw. 146. and dents. 3 Ld. Raym. 61. Burn J. Exante 258. note (a). See other Prece- tortion. Williams J. Extortion, Cro. Crim. Law.

VOL. II.

2 M

charged

without any

he the said C. O. fraudulently, unlawfully, and injuriously, and with force and arms, did then and there obtain of and from