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for insuring ships, and then procuring them to be sunk at sea, 6 Wentw. 387. There is in Cro. C. A. 191, a very long indictment for conspiring to influence a man not to sell stock, but to buy more, by false representations respecting public affairs; and another, Cro. C. A. 191, for conspiring to alter a lease in favor of the lessor, to the prejudice of the lessee. See also for other precedents of conspiracy, Trem. P. C. 82 to 85.

intent to steal the

goods therein (4)

That E. E. late of, &c. J. C. late of, &c. and T. W. late For a conspiracy to break into a of, &c. being persons of evil name and fame, and of wicked dwelling-honse and depraved character, on, &c. with force and arms, at, &c. with a felonious aforesaid, unlawfully and wickedly did conspire, combine, confederate, and agree together, and with divers other evil-disposed persons whose names are unknown to the jurors aforesaid, unlawfully to attempt and endeavour, feloniously and burglariously to break and enter the dwelling-house of G. A. P. there situate, with intent the goods and chattels therein being feloniously and burglariously to steal, take, and carry away. And the jurors, &c. do further present, that the said E. E., J. C., and T. W., in pursuance of, and according to the conspiracy, combination, confederacy, and agreement aforesaid, afterwards, to wit, on the same day and in the year aforesaid, about the hour of eight in the evening of the same day, with force and arms, at, &c. aforesaid, the dwelling-house of the said G. A. P. there situate, unlawfully did attempt, feloniously and burglariously to break and enter, with intent the goods and chattels therein being, feloniously and burglariously to steal, take, and carry away, by then and there endeavouring to break and force open the outer door of the said dwelling-house with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling-house with a picklock-key, to the great damage of the said G. A. P. to the evil example of, &c. in contempt, &c. and against the peace, &c. And the jurors, &c. do further present, that the said E. E., J. C., and T. W. being such persons as aforesaid, afterwards, to wit, on the same day and year aforesaid, about the hour of eight in the night of the same day, with force and arms, at, &c. aforesaid, unlawfully did at

(a) On this indictment the defendants were convicted. It was settled by an eminent crown lawyer. See an indictment for a conspiracy to enter a preserve with violence in the VOL. III.

night, 13 East, 228, where it
was holden that it would not
lie; sed quære, see ante, 1140,
4111. As to the offence of
burglary, see ante, 1090 to
1100.

3 F

Second count for

break, &c.

an attempt to

conspiracy to at

time.

tempt feloniously and burglariously to break and enter the said dwelling-house of the said G. A. P. there situate, with intent [ 1191] feloniously and burglariously to steal, take, and carry away the goods and chattels therein being, by then and there endeavouring to force and break open the outer door of the said dwellinghouse with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling-house with a pick lock key, to the great damage of the said Third count, for G. A. P. and against the peace, &c. And the jurors, &c. do tempt to break further present, that the said E. E., J. C. and T. W. being such house in day- persons as aforesaid, on the same day, and in the year aforesaid, with force and arms, at, &c. aforesaid, unlawfully and wickedly did conspire, combine, confederate, and agree together, and with the said other persons whose names are unknown as aforesaid, to attempt and endeavour as much as in them lay, to break and enter the said dwelling-house of the said G. A. P. there situate, with intent the goods and chattels therein being feloniously to steal, take, and carry away, and that the said E. E., J. C. and T. W. in pursuance of, and according to the conspiracy, combination, confederacy, and agreement, so a last aforesaid before had, on the same day, and in the year aforesaid, about the hour of three in the afternoon, with force and arms, at, &c. aforesaid, the dwelling-house of the said G.A. P. there situate, unlawfully did attempt to break and enter, with intent the goods and chattels therein being, feloniously to steal, take, and carry away, by then and there ender vouring to force and break open the outer door of the said dwelling-house, with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling, house, with a pick-lock key, to the great damage of the said G. A. P. to the evil example, &c. in contempt, &c. and against the peace, &c. And the jurors, &c. do further present, that the said E. E., J. C., and T. W. being such persons as aforesaid, on the same day and year aforesaid, about the hour of three in the afternoon of the same day, with force, and arms, &c. at, &c. aforesaid, the dwelling-house of the said G. A. P. there situate, unlawfully and wickedly did attempt to break and enter, with intent feloniously to steal, take, and carry away, the goods and chattels therein being, by then and there endeavouring to force and break open the outer doos of the said dwelling-house, with a certain iron crow, and also then and there endeavouring to open the outer door of the said dwelling-house, with a pick-lock key, to the great damage of the said G. A. P. and against the peace, &c.

Fourth count, for attempt to do the like.

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That A. B. late of, &c. [and other defendants,] together For a conspiracy with divers other evil-disposed persons, to the jurors aforesaid to pull down a wall, &c. and as yet unknown, heretofore, to wit, on, &c. with force and pulling down the arms, at, &c. aforesaid, did unlawfully conspire, combine, same (a). [ 1192 ] confederate, and agree together, unlawfully, riotously, and routously, to break down, pull down, prostrate, demolish, and destroy, a certain wall, and certain other erections, buildings, posts, pales, rails, and fences of one C. D. there then erected, standing, and being near a certain dwelling-house and premises of the said C. D. there situate. And the jurors, &c. do further present, that in pursuance of the said conspiracy, combination, confederacy, and agreement, so as aforesaid had, they the said A. B. &c. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, with force and arms, did unlawfully, riotously, and routously, assemble and meet together, near to the said dwelling-house and premises of the said C. D., and near to the dwelling-houses and premises of divers other liege subjects of our said lord the king there, and being so assembled and met together, then and there unlawfully, riotously, and routously, did make a great noise, riot, disturbance, and affray, and staid and continued there making such noise, riot, disturb ance, and affray, for a long time, to wit, &c. for the space of five hours, and thereby for and during all that time, there greatly disturbed, disquieted, terrified, and alarmed the said C. D. and his wife and family, in the peaceable possession and enjoyment of his said dwelling-house and premises, and also greatly disturbed, disquieted, terrified, and alarmed the said other liege subjects of our said lord the king, inhabiting and residing in the said dwelling-house and premises, and then and there unlawfully, riotously, and routously, did break down, pull down, prostrate, demolish, and destroy, great part of the said wall, &c. &c. to wit, twenty perches of the said wall, then and there standing and being, and the materials thereof, to wit, five hundred bricks, &c. &c. of a large value, to wit, &c. unlawfully, riotously, routously, and wantonly, did cast and scatter into and about the king's common and public highway there, to the great damage and terror of the said,. &c. and of his majesty's other liege subjects, in contempt, &c. to the evil example, &c. and against the peace, &c. And the jurors, &c. Second count. do further present, that the said A. B. &c. together with divers

entries, see ante, 1120 to

(a) From the MS. of a gentleman at the bar, Quære see 1123. 13 East, 231. As to forcible

Third count.

other evil-disposed persons, to the jurors aforesaid as yet unknown, heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully conspire, combine, confederate, and agree together, unlawfully to break down, demolish, prostrate, and destroy, certain other erections, buildings, posts, pales, rails, and fences there, then standing and being the property of, and belonging to his said majesty's subjects there, then inhabiting and residing, in contempt, &c. to the evil, &c. and against the peace, &c. And the jurors, &c. do [1193] further present, that the said A.B. &c. together with divers other evil-disposed persons, to the jurors aforesaid as yet unknown, being respectively rioters, routers, and disturbers of the peace of our said lord the king, heretofore, to wit, on, &c. afore said, with force and arms, at, &c. aforesaid, did unlawfully, riotously, and routously, assemble and meet together, to dis turb the peace of our said lord the king, near to the dwelling. houses of divers other liege subjects of our said lord the king, and being so assembled and met together there, then and there, unlawfully, riotously, and routously, did make a great noise, disturbance, and affray, and staid and continued there making such riot, noise, disturbance, and affray, for a long space of time, to wit, &c. and thereby for and during all that time there, greatly disturbed, disquieted, terrified, and alarmed the said last-mentioned subjects in the peaceable possession, use, occupation, and enjoyment of their said dwelling-houses, and then and there unlawfully, riotously, and routously, did break down, pull down, prostrate, demolish, and destroy great part, to wit, twenty perches of a certain other wall, and certain other erections, buildings, posts, pales, rails, and fences, to wit, twenty other erections, &c. of the said C. D. then there standing and being, and the materials thereof, containing divers, to wit, five hundred other bricks, &c. of the said C. D. of a large value, to wit, &c. unlawfully, riotously, routously, and wantonls, did cast and scatter into and about the said

common

and

public highway there, to the great damage and terror of the said C. D. and his majesty's other liege subjects, in co tempt, &c. to the evil, &c. and against the peace, &c [Fourth count for a riot, omitting the conspiring.].

INDEX

ΤΟ

THE SECOND AND THIRD VOLUMES.

ABDUCTION OF WOMEN, (see titles Child Stealing. Rape.)

1. Points of Law,

As to offence, 817, n. (c)

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persons taking away women having property, against will, guilty of felony,
without clergy, 817, 18, n. (c)

to constitute offence, will suffice if taking or marriage be against will, 818,
n. (c)

if forcible abduction be in one county and marriage in another, when
defendant cannot be indicted in either, 818, n. (c)

how far accessaries are within the statute, 818

Indictment

must state that woman had lands or goods, or that she was heir apparent,
as well as that she was actually married or defiled, 818

the place and manner of taking must be stated, ib.

must be alleged that it was for lucre, ib.

not essential to show intention to marry or defile, 818, 19

Evidence

party injured, if marriage was by compulsion, will be competent witness,
819, n.

Punishment, 819, n.

Offence of taking away female infants, (see title Child Stealing.)

persons above fourteen years of age taking away a woman under sixteen
years from possession of parents or guardian, to be imprisoned two
years, &c. 819

if parent has once assented to marriage, he cannot retract, ib.

an illegitimate child is within statute, ib.

indictment may be supported on general prohibitory clause of statute, 820

2. Precedents of Indictments, &c.

for felony, in taking a woman having substance, against her will, on
3 Hen. 7. c. 2. 817

ABORTION, ATTEMPTS TO PROCURE,

points of law, 797, n.

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