Information in

for verbally and

secutor, a justice

incite the said J. R. unlawfully to fight a duel with and against the said W. L. to the great damage, &c. and against the peace, &c.

[Commencement of information as ante, 7.] That J. S. the crown office, late of, &c. being a person of a wicked and malicious mind, personally chal- and of an unruly and turbulent disposition, and not having the lenging the pro- fear of God before his eyes, but being moved and seduced by of the peace, to the instigation of the devil, and wickedly and wilfully and fight a duel (a). maliciously devising, designing, and intending, not only greatly to scandalize and vilify S. H. of, &c. esquire, then being mayor of the borough of, &c. and also one of the justices of our said lord the king, assigned, &c. and to bring him the said S. H. into contempt and ridicule with all the liege subjects of our said present sovereign lord the king, knowing him the said S. H. but also to move, incite, instigate, and provoke him the said S. H. to fight a duel with him the said J. S. and thereby to kill and murder him the said S. H. and to cause him the said

[857] S. H. to break the peace of our said sovereign lord the king,

upon, &c. with force and arms, at, &c. did, in the presence of the said S. H., unlawfully, wickedly, openly, and maliciously speak and utter to the said S. H. these scandalous, wicked, defamatory, and provoking words following, that is to say, "Thou art a scoundrel," &c. &c. and the said J. S. did then and there also wilfully, wickedly, maliciously, and openly, and in the presence and hearing of him the said S. H. and without any just cause or provocation whatsoever, but of his malice aforethought, challenge, and as much as in him the said J. S. lay, endeavour to incite, instigate, move, and provoke him the said S. H. to fight a duel with him the said J. S. with swords and pistols, and that he the said J. S. then and there several times threatened, that if he the said S. H. would not fight him the said J. S. he the said J. S. would post him the said S. H. for a coward; and the said J. S. of his malice aforethought, did then and there at several times urge and try as much as in him the said J. S. lay, to provoke the said S. H. to combat him the said J. S., by reason whereof he the said S. H. was then and there put under the utmost fear and apprehension of losing his life, and other mischiefs upon him the said S. H he the said J. S. then and there, with force

(a) From 6 Wentw. 491. See other precedent of verbal challenge, Hand's Prac. 183.

and arms, did bring, to the great damage, scandal, infamy, and disgrace of him the said S. H., in contempt, &c. to the evil and pernicious example, &c., and against the peace, &c. [Second count, for the opprobrious words in the execution of the office of mayor. Third count, for challenging, without mentioning the words, and posting. Fourth count, for the challenging only. Common conclusion of information as

ante, vol. ii. 7.]

That P. B. late of, &c. being a person of an evil mind, and For a personal of a turbulent and quarrelsome temper and disposition, and challenge to fight a duel (a). not having any regard for the laws of this realin, most unlawfully, wickedly, and unjustly, and out of malice aforethought, devising, contriving, and intending not only to vex, injurc, hurt, disquiet, and terrify G. S. late of, &c. being a person of good name, fame, character, credit, and reputation, and of a quiet and peaceable temper and disposition, but also to expose the said G. S. to scandal, shame, and reproach, and to cause, instigate, incite, and provoke the said G. S. to fight a duel with him the said P. B., and thereby to cause the said G. S. to break the peace of our said lord the king, he the said P. B. in order to complete, perfect, and bring to effect his most unlawful and wicked purposes aforesaid, upon, &c. with force and arms, at, &c. aforesaid, did unlawfully, wickedly, wilfully, maliciously, and openly, and in the presence and hearing of him the said G. S. and without any just cause or provocation [ 858 ] whatsoever, but of his malice aforethought, and in a threatening, challenging, and provocative manner, tell him the said G. S. that he (meaning the said P. B.) had been told by Mr. M. (meaning one J. M. of, &c. in the county of Middlesex) that he (meaning the said G. S.) had taken great liberties with the character of him the said P. B., and upon the said G. S. then and there assuring the said P. B. that such information was not true, he the said P. B. did then and there in a threatening, challenging, and provocative manner as aforesaid, further tell him the said G. S. that he (meaning the said G. S.) must come before the said Mr. M. (again meaning the said J. M.) to contradict it, but on the said G. S. then and there refusing so to do, the said P. B. did then and there in a threatening, challenging, and provocative manner, as aforesaid, fur

Second count.

ther tell him the said G. S. that he (meaning himself the said P. B.) would expect personal satisfaction from him (meaning the said G. S.) as soon as the other two affairs of a serious nature which he (meaning the said G. S.) had then on his hands were settled, (meaning and alluding to two different challenges to fight duels, which had been theretofore unlawfully and maliciously sent to the said G. S. by one W. S. and the said J. M.) with a design and intention to instigate, incite, move, and provoke the said G. S. to fight a duel with him the said P. B. as aforesaid, and thereby to cause the said G. S. to break the peace of our said lord the king as aforesaid, and other mischiefs upon him the said G. S. he the said P. B. did then and there, with force and arms, unlawfully and maliciously bring, to the great damage, scandal, and disgrace of him the said G. S. in contempt, &c. to the evil and pernicious example, &c. and also against the peace, &c. And the jurors, &c. do further present, that the said P. B. being a person of, &c. and not having any regard for the laws of this realm, most unlawfully, wickedly, and unjustly, and out of his malice aforethought, devising, contriving, and intending, as much as in him the said P. B. lay, further to disturb, disquiet, and molest the said G. S. being such person of good name, &c. and a man of a quiet and peaceable temper and disposition as aforesaid, and also further to expose the said G. S. to scandal, shame, and reproach, and to cause, instigate, move, provoke, and incite the said G. S. to fight a duel with him the said P. B., and thereby to cause him the said G. S. to break the peace of our said lord the king as aforesaid, he the said P. B. in order to complete, perfect, and bring to effect his said most unlawful and wicked purposes, afterwards, that is to say, upon the said, &c. at, &c. aforesaid, did again wickedly, unlawfully, openly, and maliciously, by and in the presence and hearing of him the said G. S., and without [859] any just cause or provocation whatsoever, but of his malice aforethought, and in a threatening, challenging, and provocative manner, speaking to him the said G. S. with these threatening and provocative words following, that is to say, I (meaning himself the said P. B.) have been told, &c. &c. [same as in first count,] with a design and intention to instigate, incite, move, and provoke the said G. S. to fight a duel with him the said P. B. as aforesaid, and thereby to cause the said G. S. to break the peace of our said lord the king as aforesaid, and other mischiefs upon him the said G. S. he the said P. B. did then and there, with force and arms, unlawfully and maliciously

scandal, and disgrace of him the
[Third and fourth counts like

bring, to the great damage, said G. S., in contempt, &c. the first and second, omitting the parts in italic.] And the Fifth count. jurors, &c. that the said P. B. on, &c. at, &c. aforesaid, did again wickedly, unlawfully, openly, and maliciously, and in the presence and hearing of him the said G. S. and without any just cause or provocation whatsoever, challenge, and as much as in him the said P. B. lay, endeavour to move, incite, instigate, and provoke him the said G. S. to fight a duel with him the said P. B. and thereby to cause him the said G. S. to break the peace of our said lord the king as aforesaid, and other mischiefs upon him the said G. S. did then and there bring, to the great damage, &c. of him the said G. S., in contempt, &c. &c.

verbal challenge

sault, beating,

ground, leaving senseless, &c. (u).

That L. C. late of, &c. being a person of a wicked and ma- Information for a licious mind, and of an unruly and turbulent disposition, and to fight a duel, not having the fear of God before his eyes, but being moved and a violent asand seduced by the instigation of the devil, and wickedly, un- throwing, on the - lawfully, and maliciously devising and intending to move, incite, instigate, and provoke one H. D. to fight a duel with him the said L. C. and thereby to kill and murder him the said H. D., and to cause him the said H. D. to break the peace of our said lord the king, upon, &c. by force and arms, at, &c. aforesaid, did wickedly, unlawfully, openly, and maliciously challenge, and (as much as in him the said L. C. lay) endeavour to move, incite, instigate, and provoke him the said H. D. to fight a duel with him the said L. C. (he the said L. C. then and there unlawfully, wickedly, maliciously, and openly, and in the presence and hearing of him the said H. D. and without any just cause or provocation whatsoever, but out of his malice aforethought, speaking and uttering these hostile, threatening, challenging, and provocative words following, that is to say, You (meaning the said H. D.) wear a sword, do you? damn you, (again meaning the said H. D.) I (meaning himself the said L. C.) have a mind to beat out your brains with this stick, (meaning a certain stick which the said L. C. had then and there in his hands) and drag you (again meaning the said H.D.) through the kennel. By means whereof he the said H. D. was then and there put under the utmost fear and apprehension of

(a) From Hand's Prac. 186.

[860]

Fifth count.

Josing his life; and other mischiefs upon him the said H. D.
he the said L. C. did then and there, by force and arms, bring,
to the great damage, &c. in contempt, &c. to the evil and
pernicious example, &c. and against the peace, &c. [Second
count like the first, only charging the words, You wear a sword,
do you? Third count charging the remainder of the words.
Fourth, omitting the words altogether.] And the said coroner
and attorney, &c. that the said L. C. in order the sooner to
bring about and accomplish his said most unlawful and wicked
purposes as aforesaid, afterwards, that is to say, on, &c. by
force and arms, at, &c. aforesaid, in and upon the said H.D.,
being then and there in the peace of God and of our said lord,
the now king, did unlawfully and violently make an assault and
affray, and him the said H. D. he the said L. C. did then and
there, by force and arms, unlawfully and violently take in his
arms, and with all his force and might throw and dash down
upon and against the ground, he the said L. C. then and there
unlawfully, wickedly, maliciously, and openly, and in the pre-
sence and hearing of the said H. D. and without any just cause
or provocation whatsoever, but out of his malice aforethought,
speaking and uttering these hostile, threatening, challenging,
and provocative words following, that is to say, I (meaning
himself the said L. C.) will teach you (meaning the said H.D.)
to wear a sword: which words he the said L. C. then and there
spoke and uttered as aforesaid, with a further intention to
move, incite, instigate, and provoke him the said H. D. to
fight a duel with him the said L. C. in order to kill and murder
him the said H. D. and to cause him the said H. D. to break
the
peace of our now said lord the king. And the said coro-
ner, &c. that the said H. D. had no sooner recovered himself
from the ground on which he the said L. C. had so thrown
and dashed him the said H. D. as aforesaid, and got upon his
legs, but the said L. C. did immediately then and there, by
force and arms, unlawfully and violently hit and strike him the
said H.D. over the head of him the said H.D. several grievous
and violent strokes and blows with a naked sword which he the
said L. C. had then and there held in his hands, whereby the
said H. D. was then and there knocked down to the ground as
aforesaid, and him the said H. D. being so knocked down to
the ground as aforesaid, he the said L. C. did then and there,
by force and arms, unlawfully and violently beat and strike
with his fist, and about his the said H. D.'s head, breast, back,
arms, shoulders, and several other parts of his body, by reason