Against an apothecary for keep

ing a common in-
oculating house

near the church
in a town (a).
[ 657 ]

tinue, and yet doth continue; and that the said A. B. on, &c,
last aforesaid, at, &c. did unlawfully boil, melt, and mix toge-
ther, in the said last-mentioned furnaces respectively, so unlaw-
fully made, erected, and built, and set up, in the said last-
mentioned erection or building as aforesaid, divers large quanti-
ties of tallow, soap lees, and other materials, used in making
and manufacturing soap: by means of which said last-mentioned
premises, divers noisome, offensive, and unwholesome smokes,
vapours, smells, and stenches, on the days and times last afore
said, were emitted and issued from the said last-mentioned
building; and the air on the days and times last aforesaid,
at, &c. aforesaid, was thereby greatly filled and impregnated
with the said last-mentioned smokes, vapours, smells, and
stenches, and was thereby rendered and became and was cor-
rupted, offensive, uncomfortable, and unwholesome, to the
great damage, &c. [Conclusion as ante, 655.] And the
jurors, &c. do further present, that the said A. B.
on, &c.
aforesaid, with force and arms, at, &c. near to the dwelling-
houses of divers of his majesty's liege subjects there situate, and
also near to divers public streets being common highways there,
divers large quantities of tallow, oil, lime, potashes, soap lees,
and other noisome and offensive materials, did boil, melt, and
mix together, and cause and procure, &c. by means of which
said last-mentioned premises, divers noisome, noxious, and un-
wholesome smokes, vapours, smells and stenches, on the days
and times last aforesaid, at, &c. aforesaid, were emitted and
issued from the said last-mentioned tallow, oil, soap lees, and
other materials, so boiled, melted, and mixed together, as last
aforesaid; and the air there on the days and times last aforesaid,
was thereby greatly filled and impregnated with the said last-
mentioned smokes, vapours, smells, and stenches, and was
thereby rendered, and then and there became and was greatly
corrupted, offensive, uncomfortable, and insalubrious, to the
great damage, &c. [Conclusion as ante, 655.]

[Commencement as ante, vol. ii. 2.] That B. S. late of, &c. apothecary, on, &c. with force and arms at, &c. aforesaid, to wit, in a certain place there, close to and adjoining upon a certain public street and king's common highway there, called A. Street, and near to the dwelling-houses of divers liege subjects

(a) See Cro. C. A. 365, and other forms, ante, 553, 4, 5;

and that this is an indictable offence, see 4 M. & S. 73. 272.

sons labouring un

of our said lord the king, there, and also near to the parish First count, for church of the parish aforesaid, unlawfully and injuriously did entertaining peruphold, maintain, and keep, a certain house and place for the der the distemper reception and entertainment of persons labouring under a certain called the small pox, whereby dangerous and infectious distemper called the small pox, (no some of the parishioners caught house or place for the reception or entertainment of persons it and died, &c. Jabouring under the said distemper, having been there kept or used before the time that he the said B. S. began to uphold, maintain, and keep, the same for the purpose aforesaid,) and that he the said B. S. in the same house and place so upheld, maintained, and kept, for the purpose aforesaid, on the said, &c. and continually afterwards, until the day of the taking this inquisition, with force and arms, at, &c. aforesaid, unlawfully and injuriously did permit and suffer, and still doth permit and suffer, divers persons (whose names to the jurors aforesaid are as yet unknown,) labouring under the said dangerous and infectious distemper called the small pox, to be collected together, received and entertained, and there to remain and continue for a long space of time, by reason and means whereof, the said dangerous and infectious distemper called the small pox, on the said, &c. and on divers other days and times during the time aforesaid, was communicated to divers persons inhabiting and residing in, &c. aforesaid, and of which said dangerous and infectious distemper called the small pox, so communicated as aforesaid, divers of the said persons inhabiting and residing in the said parish, to wit, one W. J. and others died, and divers other of the said persons there inhabiting and residing, were, during all the time aforesaid, and still are, in great peril and danger of receiving the infection of the said distemper, and thereby losing their lives, to the great terror, detriment, danger, and common nuisance, as well of many of the liege subjects of our said lord the king passing and repassing by the said house or place, so upheld, maintained, and kept for the purpose aforesaid, and by, through, and along the said public street and king's common highway, as also attending divine service in the church aforesaid, and also of those inhabiting and residing thereabouts, to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said B. S. devising and intending to communicate the dangerous and infectious distemper called the small pox, small pox was to and amongst the inhabitants of, &c. aforesaid, afterwards, the inhabitants, to wit, on, &c. and on divers other days and times between &c. that day and the day of the taking of this inquisition, at, &c.

Second count, for sons, whereby the inoculating per

communicated to

Against overscers

for putting a

aforesaid, in the county aforesaid, in a certain house in the
occupation of him the said B. S. there situate, did inoculate,
and cause to be inoculated, divers persons, and the said per-
sons so inoculated, he the said B. S. unlawfully and injuriously
did permit, and cause and procure to be and remain in the
said last-mentioned house, until they the said last-mentioned
persons, by means of such inoculation, had the said dangerous.
and infectious distemper called the small pox, by reason
whereof the said dangerous and infectious distemper called the
small pox, on the said, &c. and on the said last-mentioned
other days and times, was communicated to divers persons then
inhabiting and residing in the parish aforesaid, of which said
dangerous and destructive distemper called the small pox, so
communicated as last aforesaid, divers of the said persons then
inhabiting and residing in the said parish as aforesaid, died, and
divers others of the said last-mentioned persons were in great
peril and danger of losing their lives, aud also by means of the
'said last-mentioned premises, the said dangerous and infectious
distemper called the small pox, on the said, &c. and the said
last-mentioned other days and times, at, &c. aforesaid, was
communicated to divers other persons, to wit, A.B., C. D., &c.
(the names of the persons who had caught the distemper)
being then and there poor and unable to maintain themselves,
and then not having any legal settlement within the said parish,
whereby the inhabitants of the said parish on the days and
times last aforesaid, were obliged to pay, lay out, and expend
a large sum of money, to wit, &c. as well in and about the
relief and maintenance of the said last-mentioned persons, as
also in and about the finding and providing proper and neces-
sary medicines on the days and times last aforesaid used and
applied in and about the said last-mentioned persons, to whom
the said infectious and dangerous distemper was so communi-
cated as aforesaid, to the great damage, danger, and common
nuisance of the inhabitants of the said parish of B. to the evil
example, &c. and against the peace, &c.

That the Rev. T.W. late of, &c. doctor in divinity, J. K. late number of poor of, &c. esquire, and H. D. late of the same, esquire, at the time of the committing of the offence hereinafter next mentioned, were inhabitants and vestrymen of the said parishes of St. Giles bourhood, and in the Fields and St. George Bloomsbury, in the county of thereby creating

persons into a house in an improper neigh

a nuisance to the inhabitants (a).

Middlesex, and as such vestrymen had the rule, order, and government of the poor of the said parishes of St. Giles in the Fields and St. George Bloomsbury, in pursuance and by virtue of the statute in such case made and provided, and by reason of the premises ought to have supported and maintained the poor of the same parishes in some sufficient workhouse, or other proper place or places, within the same parishes or one of the same parishes, to wit, at, &c. And the jurors, &c. do further present, that the said T. W., J. K., and H. D. disregarding their duty in that behalf, and devising and intending to injure and prejudice divers liege subjects of our said lord the king, being respectively owners and occupiers of dwelling-houses, situate and being in the parish of St. A., within the liberty of Westminster, did on, &c. at, &c. unlawfully, and without any sufficient cause, place in a certain messuage and building, situate and being out of the limits of the said parishes of St. Giles in the Fields and St. George Bloomsbury, and of each of them, and within the said parish of St. A. and close to and adjoining upon a certain common street and public king's highway there, called D. Street, and near to the dwelling-houses of divers liege subjects of our said lord the king, in the said last-mentioned parish situate and being, without the consent, and against the will of the owners and occupiers of the said last-mentioned dwelling-houses, and the other parishioners and inhabitants of the said parish of St. A. divers and very many poor persons to the number of two hundred and more (a), of and belonging to the said parish of St. Giles in the Fields, and divers and very many other poor persons, to the number of two hundred and more, of and belonging to the said parish of St. George Bloomsbury, the said poor persons, and all of them, being supported and maintained by and by means of the rate and assessments made for the relief of the poor of the said parishes last mentioned, and did keep and maintain, by and by means of such rates and assessments as last before mentioned, the same poor persons, in the said messuage and building, so situate as aforesaid, for a long space of time, to wit, from the day and year last aforesaid, until the taking of this inquisition, contrary to the duty of them the said T. W. J. K. and H. D. as such vestrymen as aforesaid, to the great injury and prejudice of the owners and occupiers of the said last-mentioned dwellinghouses, and of the other parishioners and inhabitants of the

(a) The names of the poor persons need not be stated, Cald.

432.

Second count.

said parish of St. A., in contempt, &c. contrary to the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said T. W., J. K., and H. D. so being such vestrymen as aforesaid, and having the rule, order, and government of the poor of the said parishes of St. Giles [660] in the Fields and St. George Bloomsbury, as aforesaid,' on, &c. and for a long space of time, to wit, from that day until the day of the taking of this inquisition, at, &c. did unlawfully keep, place, and maintain, and cause and procure to be placed, kept, and maintained, in a certain messuage and building, situate and being out of the limits of the said parishes of St. Giles in the Fields and St. George Bloomsbury, and within the said parish of St. A. within the liberty of Westminster, in the county of Middlesex, and close to and adjoining upon a certain common street and public king's highway, in the said last-mentioned parish called D. Street, and near to the dwelling-houses of divers liege subjects of our said lord the king in the said lastmentioned parish situate and being, without the consent, and against the will of the said last-mentioned subjects, and the other parishioners and inhabitants of the said parish of St. A. divers and very many poor persons to a great and unreasonable number, to wit, the number of four hundred and more, not belonging to the said parish of St. A. but part thereof belonging to the said parish of St. Giles in the Fields, and the residue thereof to the said parish of St. George Bloomsbury, and maintained and supported by and by means of the rates and assessments made for the relief and maintenance of the poor of the said last-mentioned parishes, to the great damage and common nuisance of all the liege subjects of our said lord the king near to the said last messuage and building inhabiting and dwelling, and going, passing, and returning, through the said common street and king's highway last mentioned, in contempt, &c. to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said T. W., J. K., and H. D., being inhabitants of the said parishes of St. George Bloomsbury and St. Giles in the Fields, in the county of Middlesex, and unlawfully devising and intending to injure, aggrieve, and prejudice, the parishioners and inhabitants of the said parish of St. A. within the liberty of Westminster, by lessening the value of divers houses and premises situate in the said last-mentioned parish, for and in respect whereof divers large sums of money have been paid and payable, under and by virtue of the rates and assessments from time to time

Third count, for a conspiracy to

lessen the value

of the houses, &c. in the parish of St. A.