a counterfeit (State the uttering as ante to the asterisk.)—And that he the said Indictment A. B., at the time when he so uttered the said piece of false and for a misdecounterfeit money as aforesaid, to wit, on &c. at &c. had about meanor, on 15 him the said A. B. in the custody and possession of him the said Geo. 2. c. 28. A. B. one other piece of false and counterfeit money, made and . 3. for uttering counterfeited to the likeness and similitude of a piece of good, lawful, half-crown, and current money and silver coin of this realm called an half-crown, having another he said A. B. then and there well knowing the said last-mentioned in possession. piece of false and counterfeit money to be false and counterfeit, against the form of the statute, &c. and against the peace, &c. after a convic tion. That at the General Quarter Sessions of the Peace, holden at, &c. Indictment for a (here recite the record of the conviction in the past tense to the end) as second offence, by the record thereof more fully and at large appears; which said in uttering counjudgment still remains in full force and effect, and not in any wise terfeit money reversed or made void. And the jurors first aforesaid, upon their oath aforesaid, do further present that the said A. B. late of &c. afterwards, after he had been so convicted as aforesaid, and while the said judgment so remained in force as aforesaid, to wit, on, &c. one other piece of false and counterfeit money made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money and silver coin of this realm called a shilling, as and for a piece of such good, lawful, and current money and silver coin of this realm called a shilling, then and there falsely and deceitfully did utter to one G. H. he the said A. B. at the time he so uttered the said last-mentioned piece of false and counterfeit money as aforesaid, then and there well knowing the same to be false and counterfeit ; against the form, &c. and against the peace, &c. That P. Q. on &c. at &c. unlawfully did obtain and procure Indictment and receive into the custody and possession of him the said P. Q. for a misdedivers, to wit, seven pieces of false money, made of mixed base meanor in prometals, counterfeited to the likeness and similitude of good, lawful, curing counterand current silver monies and coins of this realm called sixpences, intent to utter feit money with he the said P. Q. then and there when he so obtained, and procured, it. (4) and received the same, well knowing the said pieces of money so counterfeited to the likeness and similitude of good, and lawful, and current money and coins of this realm called sixpences, to have been false and counterfeit as aforesaid, with an intent unlawfully to utter and pay the said pieces of false and counterfeit money to the subjects of our said Lord the King; against the peace, &c. ment for six months' imprisonment under section 2; the King v. Martin, 2 Leach, 923. But it is not necessary to allege in the indictment that the offender was a common utterer, as that is a mere conclusion of law; the King v. Smith, 2 Bos. and Pul. 127. (1) The mere possession of counterfeit money is not per se an offence, because it is not an act; but the procuring it with intent to utter, is an offence at common law, and the possession of a quantity under suspicious circumstances is evidence of such procurement. See ante, in this chapter, § 1. Offence. Indictment for compounding a felony. Indictment for § 7. COMPOUNDING OFFENCES. Offence. The agreeing to receive money in consideration of compounding a charge of felony is a high misdemeanor, subjecting the party who commits it to imprisonment and fine. (1) Formerly it was thought to constitute the offender an accessary to the original crime; but this construction has not prevailed in modern times. (m) It is also a misdemeanor to receive money for compounding a prosecution for misdemeanor, or a criminal information, without leave of the court in which the proceeding is -depending; (n) but that permission is sometimes granted in cases of personal injury. The compounding penal actions without leave of the court is made punishable by the statute 18 Eliz. c. 5. s. 3 and 4. with the forfeiture of 107. half to the party grieved and half to the crown, and with exposure in the pillory; for which imprisonment has been recently substituted. But this act does not apply to informations for offences cognizable only before magistrates; and, therefore, an indictment for compounding such an offence was holden bad in arrest of judgment. (o) That one A. B. late of &c. on &c. with force and arms, at &c. one silver spoon of the value of five shillings, of the goods and chattels of one C. D. then and there being found, feloniously did steal, take, and carry away, against the peace of our Lord the King, his crown and dignity. And that the C. D. late of &c. well knowing the premises, but unlawfully and unjustly contriving and intending to prevent the due course of law in this behalf, and to procure the said A. B. to escape with impunity, afterwards, to wit, on &c. at &c. unlawfully and unjustly, and for the sake of wicked lucre, did compound the said felony with the said A. B. and did then and there exact, receive, and have of the said A. B. five pounds in monies numbered for and as a reward for compounding for the said felony, and for desisting from all prosecution of the said A. B. for the felony aforesaid, and that the said C. D. on &c. at, &c. did thereupon desist and from that time hitherto hath desisted from all prosecution of the said A. B. for the felony aforesaid, to the great hindrance of public justice, and against the peace, &c. That one A. B. late of, &c. heretofore, to wit, on &c. prosecuted compounding an out of the court of our said Lord the King, before the King himself, offence against the same court then being at, &c. a certain writ of our said Lord the a penal statute. King, called a latitat, against one C. D. directed to the sheriff of W whereby the said sheriff was commanded that, &c. (here (7) 1 Hale, 546, 619; 2 Hale, 400. (0) The King v. Crisp, 1 B. and A. 282. (m) 4 Bla. Com. 134. Edgecomb v. Rodd, 5 recite the writ) and the jurors, &c. that the said writ so sued out as aforesaid, by the said A. B. was by him sued out with intent to declare against the said C. D. in the same court in a certain plea of debt for a certain penalty supposed to have been incurred by the said C. D. by reason of his the said C. D. having before that time caused a certain waggon of him the said C. D. drawn by more than four horses, to wit, eight horses, to travel and pass upon a certain turnpike road in the parish of H. in the said county of W. the fellies of the wheel of the same waggon, at the time the same so passed along the same road, being of less breadth and gage than three inches from side to side, against the form of the statute in such case made and provided. And the jurors, &c. that the said A B. being a person of an evil disposed mind, and not regarding the statute in that case made and provided, on &c. at &c. unlawfully and unjustly, and for the sake of wicked lucre, did take upon himself to compound and agree with the said C. D. for the said offence, without the order or consent of the said court (p) of our said Lord the King before the King himself, out of which same court the said writ against the said C. D. was so sued out as aforesaid, and then and there did exact, receive and have of and from the said C. D. a large sum of money, to wit, five pieces of gold coin, of the proper coin of this kingdom, called guineas, of the value of 51. 5s. of lawful money of Great Britain, as and for a reward for compounding with the said C. D. for the said offence, and desisting from further prosecuting his said suit, against the form, &c. and against the peace, &c. And the jurors, &c. that the said A. B. being an evil disposed Second count. person, and disregarding the statute in that case made and provided, on &c. at &c. by colour and pretence of a certain process before that time by him taken out, and prosecuted out of the court of our said Lord the King before the King himself, against the said C. D. for and on account of a certain offence supposed to have been committed by the said C. D. in this, to wit, that the said C. D. had before that time caused a certain waggon of him the said C. D. drawn by more than four horses, to wit, by five horses, to travel and pass upon a certain turnpike road in, &c. the fellies of the wheels of the same waggon, at the time the same so passed along the said road, being of less breadth and gage than nine inches, from side to side, contrary to a certain statute in that case made and provided, he the said A. B. unlawfully and unjustly, and for the sake of wicked lucre, did take upon himself to make composition with the said C. D. for the said last-mentioned offence, and did then and there take and receive of and from the said C. D. a large sum of money, to wit, five pieces of gold coin of the proper coin of this kingdom, called guineas, of the value of 5l. 5s. of lawful money of Great Britain, as and for a reward for his the said A. B.'s desisting and forbearing to prosecute the said C. D. for the said last-mentioned offence, without the order and consent of the said court of our said Lord the King, for that purpose had and received, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. that the said A. B. on &c. at &c. upon Third count. colour and pretence of the said C. D. having committed a certain offence against a certain penal law in this, to wit, that the said (p) With leave of the court it may be done, but the King's half of the composition must first be paid; Wood v. Ellis, 2 Black. R. 1154. C. D. had before that time caused a certain waggon of him the said C. D. drawn by more than four horses, to wit, by five horses, to travel and pass upon a certain turnpike road in, &c. aforesaid, the fellies of the wheels of the same waggon at the time the same so passed along the same road being of less breadth and gage than nine inches from side to side, contrary to a certain statute in that case made and provided, did unlawfully and for wicked gain's sake, and without the order and consent of any of our said Lord the King's courts at Westminster, take upon himself to make composition with the said C. D. for the said supposed offence last-mentioned, and did then and there take and receive of the said C. D. a large sum of money, to wit, five pieces of gold coin of the proper coin of this kingdom, called guineas, of the value of 51. 5s. of lawful money of Great Britain as and for a reward for his the said A. B.'s forbearing to prosecute the said C. D. for the said last-mentioned supposed offence, against the form, &c. and against the peace, &c. That O. P. late of &c. to wit, on &c. with force and arms at &c. upon and by colour and pretence of a certain matter of offence, then and there pretended to have been committed by one Q. R. against a certain penal law, i. e. by and upon colour and pretence that the said Q. R. being a person vending and exposing to sale foreign and British lace, had not caused the words "dealer in Foreign and British lace," to be painted or written in large or legible characters over the door of the said shop, but had neglected so to do, against the form of a certain statute made and passed in the forty-fourth year of the reign of his late Majesty, intituled an act, &c. (here set forth the title of the act,) unlawfully, wilfully, and corruptly did compound and agree with the said Q. R. who was then and there surmised to have offended against the same statute in manner aforesaid, for the said pretended offence, and did thereupon then and there take of and from the said Q. R. a certain sum of money, to wit, the sum of -l. as and by way of composition for the said pretended offence, and in order to prevent an information from being laid against the said Q. R. for the same, without the consent of any of his Majesty's courts at Westminster, and without any lawful authority for so doing, to the great hindrance and obstruction of public justice, against the form, &c. and against the peace, &c. § 8. CONSPIRACY. The offence of conspiracy is more difficult to be ascertained precisely than any other for which indictment lies; and is, indeed, rather to be considered as governed by positive decisions than by any consistent and intelligible principles of law. It consists, according to all the authorities, not in the accomplishment of any unlawful or injurious purpose, nor in any one act moving towards that purpose; but in the actual concert and agreement of two or more persons, to effect something which being so concerted or agreed, the law regards as the object of an indictable conspiracy. There are two classes of cases in which the criminality of such agreement is perfectly intelligible and obvious--1, where the object proposed would, if accomplished, be a criminal offence in all parties acting in it; 2, where, though the ultimate object may be lawful, the means by which the parties, conspirators, propose to effect their purpose necessarily involve in them an indictable offence. Of the first kind are conspiring to commit a felony; conspiring to obtain money under false pretences; conspiring to suborn or abstract a witness; where the object, if carried into effect, would be a substantive offence, and where, therefore, concert is indictable as an act in itself tending to produce it. Of the second kind, is a conspiracy to support a cause, in itself just, by false testimony; and the same principle would apply here; for, whether the concerted offence be the end or the means, it is equally an offence, which, if consummated, would subject the offenders to the visitation of criminal justice. But it is not easy to understand on what principle conspiracies have been holden indictable where neither the end nor the means are, in themselves, regarded by the law as criminal, however reprehensible in point of morals. Mere concert is not in itself a crime; for associations to prosecute felons, and even to put laws in force against political offenders, have been holden legal. (q) If, then, there be no indictable offence in the object; no indictable offence in the means; and no indictable offence in the concert, in what part of the conduct of the conspirators is the offence to be found? Can several circumstances, each perfectly lawful, make up an unlawful act? And yet such is the general language held on this subject, that at one time the immorality of the object is relied on; at another, the evidence of the means; while, at all times, the concert is stated to be the essence of the charge; and yet that concert, independent of an illegal object or illegal means, is admitted to be blameless. The utmost limit of the modern doctrine of conspiracy seems to be reached in the decisions respecting concerted disapprobation of a performer or a piece at the theatre. The case of Macklin is well known, on whose prosecution several persons were committed for hissing him on his appearance in one of Garrick's favourite characters; and, in accordance with this precedent, Sir James Mansfield is said to have expressed himself in the case of Clifford v. Brandon, 2 Campb. 369, in the following terms:-" The audience have certainly a right to express by applause or (4) The King v. Murray and others, tried before Abbott, C. J. at Guildhall, 1823. |