then and there unlawfully, riotously, &c. did then and there beat, wound, and ill-treat, so that his life was thereby then and there greatly despaired of, and other wrongs to the said E. F. then [*504] and there unlawfully, &c. did to the great damage, &c. to the evil, &c. and against the peace, &c. [Second count for a common assault upon the lodger.] house and the street. The jurors, &c. that defendants, aforesaid, on, &c. with force For riotously enand arms, at, &c. did unlawfully, riotously, routously, and tumul tering tuously assemble and meet together to disturb the peace, &c. and plaintiff's being so unlawfully, riotously, routously, and tumultuously as- shop and sembled and met together, with force and arms, did break and throwing shop enter the shop of one C. D at, &c. aforesaid, and did then in the goods into said shop, unlawfully and against the will of the said C. D. with (u) force and arms, stay and continue in the said shop for a long time, to wit, for the space of four hours, and then and there unlawfully did seize and take into their custody and possession, the goods and chattels of the said C. D., to wit, &c. [here set out the goods.] the goods and chattels of the said C. D. of the value of fifty pounds, then and there found in the said shop, which the said defendants did take, throw, and remove from and out of the said shop, and did throw, put, and lay, and throw and lay down the same into the public street and king's highway there in, &c. aforesaid, and in so doing, did unlawfully break, tear, rend, haul, damage, and spoil the said goods and chattels, and other wrongs did, to the great damage of the said J., and against the peace, &c. [Second count for a forcible entry into the house of C. D. as post, offences to real property. Third count forcible entry and damaging goods as in the first.] and re Herefordshire. That A. B. late of, &c. C. D. late of, &c. and For a riot and assault divers other evil disposed persons, to the number of twenty and in a dwelmore, to the jurors aforesaid as yet unknown, being rioters, rou- ling house ters, and disturbers of the peace of our said lord the king, on, &c. moving with force and arms, in, &c. aforesaid, did unlawfully, riotously, goods. (x) and routously assemble and meet together to disturb the peace of our said lord the king, and being so assembled and met together, the dwelling-house of one E. F. spinster, there situate, then and there unlawfully, riotously, and routously did break and enter, and in, and upon the said E. F. in the peace of God and our said lord the king, and in the said dwelling-house then and there being, unlawfully, riotously, and routously did make an assault; and her the said E. F. then and there unlawfully, riotously, and routously did beat, bruise, wound, and ill-treat, so that her life was greatly despaired of, and then and there, unlawfully, riotously, and rout[*505] ously put, cast, fling, and throw divers goods and chattels, to wit, &c. [here set out the goods] of her the said E. F. of the value of 40s. then being in the said dwelling-house from and out of the same, and thereby greatly broke, damaged, and spoiled the said goods and chattels, and other wrongs to the said E. F. then and there unlawfully, riotously, and routously did, to the great damage of the said E. F. to the evil example, &c. and against the peace, &c. [Add a count for a common assault.] of G. H. Against That A. B. late of, &c. C. D. late of, &c. and E. F. late of, three for a riot before &c. on, &c. with force and arms, &c. at, &c. in, &c. did unlawfulthe house ly, riotously, routously and tumultuously assemble and gather toand shoot-gether to disturb the peace of our said lord the king, and being so assembled and gathered together, did then and there unlawfully, riotously, routously, tumultuously, violently and outrageously make a great noise, disturbance and affray near to and about the dows and dwelling-house of one G. H. there situate, and did unlawfully, ing off a loaded gun through his win threaten ing to &c. stay and continue near to and about the dwelling-house of the shoot him. said G. H. making such their noise, disturbance and affray for a (y) long space of time, to wit, for the space of two hours, and during that time there did unlawfully, &c. shoot off a certain gun loaded with gunpowder and leaden shot, at and against the said dwellinghouse, and through certain windows parcel thereof, and thereby then and there not only greatly terrified and alarmed the said G. H. and his family, and disturbed and disquieted them in the peaceable and quiet possession, use and occupation of the said dwelling-house, but also then and there broke to pieces, shattered and damaged the glass, to wit, twenty panes of glass of great value, then and there affixed and belonging to the said windows, and then and there with loud and horrid oaths and imprecations, unlawfully, &c. menaced and threatened the said G. H. to shoot him (y) See form 4 Wentw. 309. and precedent and notes ante 488*, 9*. through the body, and other wrongs to the said G. H. then and there unlawfully, &c. did to the great damage of him the said G. H. and against the peace, &c. [A count may be added omitting the statement of the riot, for shooting off the gun at windows of house, as post, "offences to real property," and ante 23, Lon. Ed. sed quære as to this count as no indictment lies for a mere trespass, 3 Burr. 1701, 3, 6, 1731. ante 23, Lon. Ed.] * INDICTMENTS FOR OFFENCES AGAINST PUBLIC [*506] PEACE, FOR INCITING TO A RIOT. sons to persons to and that in Yorkshire. That A. B. late of, &c. being a person of an evil, For incit seditious, and turbulent disposition, and maliciously intending and ing perendeavouring to disturb the tranquillity, good order, and govern- make a riot. (z) ment of this realm, and to endanger the persons and property of First a great number of his majesty's quiet and peaceable subjects, on, count, for inciting &c. and on divers other days and times between that day and the first day of June in that year, at, &c. aforesaid, unlawfully, wick-assemble, edly and maliciously intended, devised, and endeavoured as much conseas in him lay to raise and create insurrections, riots and tumults quence of such inwithin this realm for the disturbance of his majesty's peace, and citement they did to the great terror and annoyance of his liege and peaceable sub- So. jects. And that the said A. B. in prosecution of his said wicked intention and purpose, and for the effecting and accomplishing thereof on the said, &c. and on the said other days and times, at, &c. aforesaid, with force and arms unlawfully, wickedly and maliciously incited, encouraged, and as much as in him lay, endeavoured and laboured to persuade, instigate and prevail on divers liege subjects of our said lord the king, whose names to the jurors aforesaid are as yet unknown, inhabiting in the said parish of C. and in the neighbourhood of the same, with force and arms, unlawfully, riotously and tumultuously to assemble and gather together to disturb the peace of our said lord the king, and to in (z) See a similar precedent, Cro. C. C. 8 Ed. 420. Cro. C. A. 256. As to the criminality of incitements and solicitations to commit misdemeanours, see ante 480°. n. f. 2 East, 17. 6 East, 474. For a con- jure and annoy a great number of the peaceable subjects of our said lord the king in their persons and properties, and that by means and in pursuance of the said wicked instigations and endeavours of the said A. B. a great number of persons, to the number of one hundred and more to the jurors aforesaid as yet unknown, afterwards, to wit, on, &c. with force and arms at, &c. aforesaid, unlawfully, riotously, routously and tumultuously assembled and gathered together to disturb the peace of our said lord the king, and being so assembled and gathered together did then and there unlawfully, riotously, routously and tumultuously continue together in a riotous and tumultuous manner for a long time, that is to say, for the space of six hours then next following, and during all that time committed many great violent and enormous outrages, in breach of the peace of our said lord the king, to the very great terror, disturbance and grievance not only of many of his said majesty's quiet and peaceable subjects then inhabiting and residing there, but also of all other of his said majesty's quiet and peaceable subjects then and there passing and repassing in and about their lawful affairs and business, in contempt of our said lord the king, in open violation of the laws, good order and government of this realm, to the evil and pernicious example, &c. and against the peace, &c. And the jurors, leaving out &c. do further present, that the said A. B. being such person as the assem- aforesaid, and unlawfully, maliciously and wickedly devising, inbling. [*507] Second count, tending and endeavouring again to disturb the peace of our said lord the king, and to cause other insurrections, riots and tumults within this realm, to the great terror, annoyance, and disturbance of his majesty's liege and peaceable subjects, afterwards, to wit, on the said, &c. at, &c. aforesaid, unlawfully, wickedly and maliciously incited, stirred up and as much as in him lay endeavoured and laboured to persuade a great number of other liege subjects of our said lord the king, whose names to the jurors aforesaid are as yet unknown, with force and arms unlawfully, riotously and tumultuously to assemble and gather together to disturb the peace of our said lord the king, and to terrify, annoy, disturb and injure many other of his said majesty's liege, peace. able and quiet subjects, in contempt, &c. in open violation of the laws, good order and government of this realm, to the evil and pernicious example, &c. and against the peace, &c, *CHAPTER XI. INDICTMENTS, &c. FOR OFFENCES AGAINST PUB. Bankrupt's Embezzlement and not Surrendering-Enhancing Price of Provisions by False Rumours-Forestalling, Engrossing, and Regrating-Obstruction in Purchasing Corn -Exercising Trades not having Served Apprenticeship— Seducing Artificers-Exporting Machines-Usury, &c. &c. [*509] THAT J. S. late of, &c. clothier, dealer, and chapman, on, &c. Against a bankrupt was and for a long time, to wit, for the space of six months and for conmore before then had been and was a clothier, dealer, and chapman, cealing his (a) This was the indictment on which Senior was convicted and executed; it was settled by a very eminent barrister now on the bench. See indictment on the statutes enacted before 5 Geo. II. c. 30. Trem. P. C. 239. and other precedents under 5 Geo. II. c. 30. Cro. C. C. 8 Ed 71 to 78. 2 Leach, 996. Starkie, 543. and ante 402 to 408.-Offence. The 5 Geo II. c. 30. s. 1. enacts, that if any persons who become bankrupts within the intent and meaning of the several statutes in force concerning bank. rupts, or any of them, and against whom a commission of bankrupt under the great seal of Great Britain has been awarded and issued out, whereupon the person against whom the commission issued is declared a bankrupt, shall not within forty-two days after notice thereof in writing to be left at his usual place of abode; or personal notice, in case such person be then in prison, and notice given in the London Gazette that such commission is or has been issued, and of a time and place of a meeting of the commissioners therein named or the major part of them, surrender himself to the said commis. sioners named in the said commission or the major part of them, and sign or subscribe such surrender, and submit to be examined from time to time upon oath, or being of effects,on 5 Geo. II. c. 30. (a) |