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C. D. against the peace of our said lord the king, his crown and
", yeoman, were feloniously present with drawn swords at the time of the felony and murder aforesaid, in form aforesaid committed, that is to say, on the said, &c. at aforesaid, in the county afore. said, then and there comforting, abettina
and aiding the said L. M. to do and commit the felony and murder aforesaid, in manner aforesaid, against the peace of our said lord the king, his crown and dignity. And moreover, the jurors aforesaid, upon their oath aforesaid, do say, that the said L. M. N. O. and P Q. had not, nor any of them had, nor as yet have or hath, any goods or chattels, lands or tenements, within the county aforesaid, or elsewhere, to the knowledge of the said jurors. [Or, “ And the jurors aforesaid, upon their oath aforesaid, do say, that the said L. M. A. B. at the time of the doing and committing of the felony and murder aforesaid, had goods and chattels contained in the inventory to this inquisition annexed, which remain in the custody of B. C.”]
In witness whereof, as well the aforesaid coroner as the jurors aforesaid, have to this inquisition put their seals on the day and year and at the place first abovementioned.
A. B. Coroner.
*INFORMATIONS, QUI TAM, AT SESSIONS. [*11] Westmoreland. Be it remembered, that A. B. of in the Informa
tions, qui county of — , gentleman, who, as well for our sovereign lord
tam, at the now king as for himself, doth prosecute in this behalf, com- quarter
sessions. eth before the justices of our said lord the king, assigned to keep
(h) the * peace of our said lord the king, in and for the said county of (*12] Westmoreland; and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county commit
h) See form Cro. C. C. 8 Ed. 237. Burn J. Information. Information. VOL. II.
tcd, at their general quarter sessions of the peace, holden at in and for the said county, on
in the year of the reign of, &c. in his proper person, and as well for our said lord the king as for himself, giveth the court here to understand and be informed, that C. D. late of the parish of - in the county of Westmoreland, yeoman, on, &c. at, &c. aforesaid, not regarding the laws and statutes of our said lord the king, but intending to, &c. with force and arms &c. (here insert the offence with the same precision as in an indictment) against the form of the statute in that case made and provided, whereupon the aforesaid A. B., as well for the said lord the king as for himself, prayeth the advice of the court in the premises ; and that the aforesaid C. D. may forfeit the sum of L.-, according to the form of the statute aforesaid, and that he the same A. B. may have one moiety thereof, according to the form of the said statute ; and also that the aforesaid C. D. may come here into court to answer concerning the premises, and there are pledges of prosecuting, to wit, John Doe and Richard Roe; and hereupon it is commanded to the said C. D. that all other things omitted and all excuses laid aside, he be in his proper person at the next general quarter sessions of the peace to be holden for the said county, to answer as well to the said lord the king as to the said A. B. who, as well for the said lord the king as for himself, doth prosecute of and concerning the premises, and further to do and receive what the said court shall consider in this behalf.
INDICTMENTS, &c. FOR OFFENCES AGAINST GOD,
RELIGION, AND PUBLIC WORSHIP.
MIDDDESEX. The jurors for our lord the king upon their Indict.
ment at oath present, that T. D. late of, &c. not having the fear of God before his eyes, but being moved and seduced by the instigation law for :
verbal of the devil, and contriving and intending to scandalize and vilify blasphemy the *true and Christian religion, as received and publicly profess- of God,our
Saviour & 'ed within this realm of England; and to blaspheme God and our the Huly Lord Jesus Christ, the Saviour of the world, on, &c. at, &c. afore. Ghost. (a)
[*14] said, having and holding in his hands a certain cup of wine, unlawfully, wickedly, and blasphemously, in the presence and hearing of divers liege subjects of our said lord the king, spoke, pronounced, and with a loud voice published these profane and blasphemous words following, that is to say, “ Here's a health to
(a) See Precedents, Trem. P. C. may hold; and shall for the second be 225, 6 Blasphemy against God or rendered incapable of bringing any the Christian religion, is indictable action, being guardian, executor, leat common law, 1 East. P. C. 3. 3 gatee or purchaser of lands, and shall Keb. 607. 2 Woodes, 512. 4 Bla. suffer imprisonment without bail.C. 59. Bac. Ab. Heresy. C. 1 Stra. But provided the delinquent shall, 416. 2 Stra. 789. As to the nature within four months after the first con. of the punishment, see 3 Keb. 621. viction, publicly renounce his errors 1 Bla. R. 395. With respect to li- in open court, he shall be discharged bels or verbal slanders on the Trini. for that once from all disabilities. This ty, see 1 Stra. 416 and 2 Stra. 789.- statute was repealed, as far as it afIt was enacted by 9 and 10 Wm. ill. fects Unitarians only, by 53 Geo. III. c. 32 that if any person professing c. 160. Prosecutions for reviling the the Christian Religion, shall by writ Trinity seem to liave been generally ing, printing, teaching or advised framed on the construction of the speaking, deny any one of the per- common law. Against persons desons of the Holy TRINITY to be God, nying the Scriptures to be the word or shall assert or maintain that there of God, the statute 9 and 10 Wm. are more Gods than Ose, or shall III. still continues in force. [By an deny the Christian religion to be true, act of the assembly of Pennsylvania, or the Holy Scriptures of the Old passed in 1700, wilfully blaspheming and New Testament to be of Divine or speaking loosely and profanely of Authority, and shall be convicted Almighty God, Christ Jesus, the thereof upon indictment or informa- Holy Spirit,or the Scriptures of truth, tion, in any of his Majesty's courts at is punishable by a fine of ten pounds : Westminster, he shall for the first and by the act of April 22, 1794, any offence, be rendered incapable of profane oath is subject to a fine of holding any office, or forfeit any be ihirty-four cents.]
Father, Son, and Holy Ghost,” (meaning Almighty God, Jesus Christ, the Saviour of the world, and the Holy Spirit,) and immediately thereupon, then and there drank the wine from the said cup, to the great dishonour of Almighty God, in contempt and disgrace of the Holy Trinity, to the great scandal of the profession of the Christian Religion, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. (6)
Indict. ment at common
*[Commencement of indictment as ante, 2,] that C. D. late of,
&c. butcher, on, &c. and continually afterwards until the day of lawagainst the taking of this inquisition at, &c. was and yet is a common breaker & sabbath breaker and prophaner of the Lord's day, commonly callprophaner ed Sunday, and that the said C. D. on the said, &c. being the of the Lord's day
Lord's day, and on divers other days and times being the Lord's in keeping days, during the time aforesaid, at, &c. in a certain place there open shop. (c) called Clare market, did keep a common public and open shop, [*20] and in the same shop did then and on the said other days and
times, being the Lord's days, there openly and publicly sell and expose to sale, flesh meat, to divers persons to the jurors aforesaid as yet unknown, to the evil example of all others in the like case offending, to the common nuisance of all the liege subjects of our said lord the king, and against the peace of our said lord the king, his crown and dignity.
(b) See precedents of indict. sell goods on a Sunday, but publicly ments for written libels on the Chris- keeping an open shop seems to be in. tian religion, Trem. P. C. 43. 45.- dictable, see 4 Bla. C. 63*. 1 East, 3 Mod. 68. Co. Ent. 352, 3. and pre. P. C. 5. It is said in Hawk. b. 1. cedents of indictments for verbal c. 6. sect. 6. that the selling meat on slander on Christian religion, West. a Sunday is no offence at the com334, 355. Cro. Jac. 421. 2 Rol. mon law, yet, that if the offender Ab. 78. Precedent of indictment on keep open shop, the usual method is 1 Eliz. c. 2. for using other prayers to indict at the sessions for the nuisin the Church than in the Prayer ance. The 13 Geo. III. c. 80. enacts Book, 2 Show. 437. 3 Mod. 79. that a party may be indicted at the This statute was repealed as far as sessions for the third offence in kill. relates to Protestant Disseriters ing game on a Sunday or Christmas and Catholics, by 31 Geo. III. c. 32. Day. But most of the various acts
of prophaning the Sabbath, are pun. (c) See the precedent in Cro. C. ishable summarily before magistrates, c. 7 Ed. 529. omitted in the 8th. see Burn, Williams, and Dickenson's As to the offence, according to 2 Stra. Justices, title “ Lord's Day,” and 702. 2 Sess. C. 224. 1 Taunt. 134. Hawk. b. 1. c. 6. 29 Car. 2. c. 77. it is not an offence at common law to
• Pennsylvania.-By an act of assembly passed April 1; 1810, the sale of all kinds of spirituous liquors, beer or cyder, at or near places of public worship, is prohibited, and a penalty of Twenty Dollars is incurred for such offences. Purdon, Ab. N. Ed. 576.
+ The act of assembly of Pennsylvania gives to justices of the peace authority to punish Sabbath breakers. See Smith's Laws, vol. –, page - But a justice of the peace, who has an imperfect view of persons at work on Sunday, cannot forcibly enter the premises where the offence may be committed, in order to obtain testimony to convict the offen. ders. i Sergeant and Rawle's Rep. page 347.
*[Commencement of indictment as ante, 2,] on, &c. being Sun- Indict.
ment at day, with force and arms at, &c. in the parish church there dur
common ing the celebration of divine service, the bench of one A. B. gen- law for
misbeha. tleman, there being, from its ancient and proper place unlawful
viour at ly, and unjustly did take and remove, and also then and there, church, & with force and arms unlawfully, unjustly, and irreverently, did the curate
disturbing disturb and hinder one E. F., clerk, then being curate of the whilst
reading diparish church aforesaid, and in the execution of his office, and in vine serthe reading of divine service, in contempt of the laws of this vice. (d)
[*21] realm, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.
(d) See the precedent, Trem. P. C. 239.