[*35] *CHAPTER III. INDICTMENTS, &c. FOR OFFENCES AGAINST MO- For digging up and carrying away a dead body MIDDLESEX. The jurors for our lord the king upon their oath present, that C. D. late of, &c. on, &c. with force and arms, &c. at, &c. aforesaid, the church-yard of and belonging to the parish church of the same parish there situate, unlawfully, volunchurch tarily, and wilfully did break and enter, and the grave there, in yard. (a) which one A. B. deceased had lately before then been interred and out of a then was, with force and arms unlawfully, voluntarily, wilfully, and indecently did dig open, and afterwards, to wit, on the same day and year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, the body of her, the said A. B. out of the grave aforesaid, unlawfully, voluntarily, wilfully, and indecently, did take and carry away, to the great indecency of Christian burial, 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. For keep*That C. D. late of, &c. on, &c. and on divers other days and ing a baw- *times between that day and the day of taking this inqusition, with dy house [*38] [*39] (a) See form Cro. C. C. 8 Ed. to prevent a burial, 2 T. R. 734. and 108. This is indictable as a misde- next precedent, and it is a misdemeanour at common law, 2 T. R. meanour to arrest a dead body and 733. Leach. C. L. 4 Ed. 497. S. thereby prevent a burial in due time, C. 2 East. P. C. 652. 2 Bla. C. 4 East. 465. See how the duty to 429. 4 Bla. C. 236. 1 Hale, 515. bury dead bodies cast on shore is As to the right and duty to bury, enforced by 48 Geo. III. c. 75. If Com. Dig. Cemetery, B. Willes, the shroud, coffin, &c. be stolen, an 538, where an information was indictment for the felony is sustaingranted by K. B. against a rector able, 2 East. P. C. 652. 1 Hale, for not burying a poor parishioner. 515. 4 Bla. C. 236. An indictment lies for a conspiracy disorderly force and arms, at, &c. aforesaid, a certain common bawdy house, (c) or other *unlawfully and wickedly did keep and maintain; and in the said house. (b) [*40] (b) This is the common printed form used in Middlesex, see other forms in Cro. C. C. 8 Ed. 302, Burn. J. Lewdness. 2 Burr. 1233. held good West. 237. 323. 325. 326. 338. 355. It is not necessary to state particulars as the names of those who frequented the house, 2 Burr. 1232. T. R. 752. 754. But evidence of particular instances of illicit intercourse may be given under the general charge, 2 Atk. 339. it is not however necessary to prove who frequents the house, for that may be impossible, and if any unknown persons are proved to be there, behaving disorderly, it is sufficient to support the indictment 1 T. R. 754. Any number of persons may be included in the same indictment for keeping different disorderly houses, stating that they "severally" kept, &c. 2 Hale, 173, 4. 8 East. 47. As to this offence in general, Bac. Ab. Nuisances, A. Hawk. b. 1. c. 74. Burn. J. tit. Lewdness. Williams J. Bawdy-houses. Dick. J. Lewdness. 4 Bla. Com. 64, 65. n. 12. 25 Geo. II. c. 36. s. 5. s. 9. Keeping a house of ill-fame and encouraging suspicious or disorderly persons to resort thither is an offence punishable at common law with fine and imprisonment or other infamous punishment in the discretion of the court, usually imprisonment in case of a married woman, and the offenders may be prosecuted by info mation or indictment. Hawk. b. 1. c. 74. R. T. Hardw. 278. The statute of 25 Geo. II. c. 36. provides that unlicenced places of public entertainment shall be considered as disorderly places, and punished as the law directs, and for the encouragement of prosecutions against the keepers of houses of ill-fame, enacts that any two inhabitants of a parish paying scot and bearing lot, on entering into a recognizance to give evidence, may compel consta bles to prosecute, and who on their pursuing the offenders to conviction, shall have all reasonable expences paid, and the said inhabitants receive ten pounds each as a reward from the overseers of the poor. And on the constables entering into a recognizance to prosecute, the persons accused may be bound over to appear at the quarter sessions or assizes. A constable neglecting his duty forfeits twenty pounds. Any person managing a house of ill-fame shall be taken to be the keeper thereof. Evidence on trial may be given by persons though they inha bit the same parish, or have entered into a recognizance at the commencement of the action, and no indictment shall be removed by certiorari. In 2 Lord Raymond, 1197. and 1 Salk. 382. it was held that no indictment would lie for being a common bawd, though unquestion: bly it would for keeping a disorderly house, and that a bare solicitation of chastity is not indictable. In the same case it was also resolved that if a person be only a lodger and make use of her room for disorderly purposes, she would be guilty of keeping a bawdy house as much as if she were the proprietor of the whole house. In 1 Salk. 384. it was decided that a wife as well as a husband may be indicted for keeping a disorderly house because charge does not respect the ownership but the criminal management of the house. The indictment is removable at instance of prosecutor but not of defendant, 5 T. R. 626. As to open fornication, see precedent, West. 239. 1 Bla. R. 439. Hawk. b. 2. c. 61. s. 4. Wood's Inst. b. 3. c. 3. the (c) Semble, it is necessary to state the local situation, and therefore it may be prudent here to say "situate," &c. 1 T. R. 754. ⚫ Pennsylvania. The defendant was charged with keeping a disorderly house, and after a witness for the prosecution had proved several facts tending to show the offence to have been committed; it was held, that it was illegal to ask the witness, "Whether the house was not matter of general complaint by the neighbours as disturbing them." Commonwealth v. Stewart, Sergeant & Rawle's Reports, 342. house, for filthy lucre and gain, divers evil-disposed persons, as well men as women, and whores, on the days and times aforesaid, as well in the night as in the day, there unlawfully and wickedly did receive and entertain, and in which said house, the said evildisposed persons and whores, by the consent and procurement of the said C. D. on the days and times aforesaid, there did commit whoredom and fornication, whereby divers unlawful assemblies, riots, routs, affrays, disturbances, and violations of the peace of our said lord the king, and dreadful filthy and lewd offences in the same house, on the days and times aforesaid, as well in the night as in the day, were there committed and perpetrated, to the great damage and common nuisance of all the liege subjects of our said lord the king, in manifest destruction, ruination, and subversion of youth, and other people in their manners, conversation, estate, and Second obedience, and against the peace, &c. And the jurors aforesaid, count for upon their oath aforesaid, do further present, that the said C. D. keeping a disorderly on, &c. aforesaid, and on the other days and times aforesaid, with force and arms at, &c. aforesaid, a certain eommon, ill-governed, and disorderly house, unlawfully and wickedly did keep and maintain, and in the said house, for filthy lucre and gain, certain evildisposed persons, as well men as women, of evil name, fame, and conversation, to frequent and come together on the days and times aforesaid, there unlawfully and wickedly did cause and procure, and the said persons in the said house at unlawful times, as well in the night as in the day, on the days and times aforesaid, there to be and remain drinking, tippling, cursing, swearing, quarrelling, and otherwise misbehaving themselves, unlawfully and wickedly did permit and suffer, &c. [Conclusion as in first count.] house. The like [Commencement of indictment as ante 2.] That A. H. late for keep of, &c. on, &c. and on divers other days and times, between ing a disorderly that day and the day of the taking of this inquisition, with force and house. (d) arms at, &c. did keep and maintain, and yet doth keep and maintain a certain common, ill-governed, and disorderly house, and in the said house, for his own lucre and gain, certain persons as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together, then, and on the said other (d) See form Cro. 'C. C. 8 Ed. 302. and Burn. J. Lewdness, 2 Burr. 1233. and notes to the last precedent. days and times, there unlawfully and wilfully did cause and procure, and the said men and women in the said house, at unlawful times, as well in the night as in the day, then, and on the said other days and times there to be and remain, drinking, tipling, [*41] whoring, and misbehaving themselves, unlawfully, and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the liege subjects of our said lord the king, there inhabiting, residing, and passing, to the evil example, &c. and also against the peace, &c.(1) licly near (f) [Commencement of indictment as ante 2.] That John Crunden, For baththe younger, late of Brighton in the county of Sussex, tailor, ing pubbeing a person of a wicked, depraved, and abandoned mind and public disposition, and wholly lost to a due sense of decency and moways and and habirality, and intending as much as in him lay to vitiate and corrupt tations. the morals of his Majesty's liege subjects on, &c. with force and arms at, &c. aforesaid, unlawfully, wickedly, deliberately, and wilfully, did expose and exhibit himself naked, and in an indecent posture and situation near to, and in front of divers houses of the liege subjects of our said lord the king, situate at, &c. aforesaid, and also near to a certain, public, and common, king's highway, there and also in the presence of divers liege subjects of our said lord the king, both male and female, with intent to vitiate and corrupt the morals of his Majesty's liege subjects, to the great scandal and subversion of decency, religion, and good order, to the great corruption of the morals and manners of his majesty's liege subjects, to the evil example, &c. and against the peace, &c. And Second the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Crunden, being a person of such wicked, depraved, and abandoned mind and disposition, as aforesaid, and intending, as aforesaid, afterwards, to wit, &c. aforesaid, with force. count. (1) [Pennsylvania. An indict ment was held good which charged the defendant with "keeping a disorderly and ill governed house, and unlawfully causing and procuring for his own lucre and gain, certain persons, as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together in his said house at unlawful times, as well in the night as in the day, permitting them there to VOL. II. C be and remain, drinking, tipling, (f) See the case 2 Campb 89. 1 For inde and arms, at, &c. aforesaid, unlawfully, wickedly, deliberately, and wilfully did expose himself naked, to divers of his said Majesty's liege subjects, to the great scandal and subversion of religion and good order, to the great corruption of the morals and manners of his majesty's liege subjects, to the evil example of, &c. against the peace of, &c. That James Bennett, late of, &c. being a person of most wicked, cently ex: lewd, lascivious, depraved, and abandoned mind and disposition, posing private parts and wholly lost to all sense of decency, morality, and religion, and to public view. (g) intending as much as in him lay, to vitiate and corrupt the morals of his majesty's liege subjects, and to stir up and excite in [*42] their minds filthy, lewd, and unchaste desires and inclinations, * on, &c. with force and arms at, &c. unlawfully, wickedly, deliberately, and wilfully, did expose and exhibit his private parts, in a most indecent posture, situation, and practice, to divers of the liege subjects both male and female of our said lord the king, with intent to vitiate and corrupt the morals of his majesty's liege subjects, and to stir up and excite in their minds, filthy, lewd, and unchaste desires and inclinations, to the great scandal and subversion of religion and good order, to the great corruption of the morals and manners of his majesty's liege subjects, to the evil example of, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said James Bennett, being a person of such wicked, depraved, and abandoned mind, and disposition as aforesaid, and intending as aforesaid, afterwards, to wit, on, &c. aforesaid with force and arms, at, &c. aforesaid, unlawfully, wickedly, deliberately, and wilfully did expose and exhibit himself naked, to divers of his said majesty's liege subjects, both male and female, &c. [Conclusion as in first count.] Second count. Against a man for publishing obscene libels and prints. (h) That Edward Rich, late of, &c. bookseller, being a person of a wicked and depraved mind and disposition, and most unlawfully, wickedly, and impiously devising, contriving, and intending to vitiate and corrupt the morals of all the subjects of our said present sovereign lord the king, and to debauch, poison, and infect the minds of all the youth of this kingdom, and to bring them. into a state of wickedness, lewdness, debauchery, and brutality, (8) The defendant was convicted. (h) The defendant was convicted and imprisoned. |