CHAP. II.

INDICTMENTS, &c. FOR OFFENCES AGAINST GOD, RELIGION,

AND PUBLIC WORSHIP.

FOR OFFENCES AGAINST GOD, RELIGION, AND PUBLIC WORSHIP.

at common law for verbal blasphemy of the Trinity, 11

at common law against sabbath breaker for keeping open shop, 12.

at common law for misbehaviour at church, 13

CHAP. III.

INDICTMENTS, &c. FOR OEFENCES AGAINST MÓRALITY AND

DECENCY.

FOR OFFENCES AGAINST DECENCY AND MORALITY.

for carrying away corpse from church-yard, 14

for keeping a bawdy-house or other disorderly house, 14

for keeping a disorderly house, 16

for keeping a disorderly house, 16

for bathing near public ways and habitations, 17

for exposing private parts in indecent posture, 18

for exposing body naked, 18

for publishing obscene libels and prints, 18

for publishing obscene libel and indecent prints, 21

for exposing to sale obscene print, 23

for keeping room for exhibition of indecent prints, 24

for exhibiting obscene prints for money, 24

for buggery with a boy, 25

for sodomy in ano of girl, 25

for bestiality with a cow, 26

for assault with intent to commit sodomy, 26

for soliciting person to permit buggery with him, 27

for exhibiting an obscene painting of a woman in an indecent posture,

in the City of Philadelphia, 27

CHAP. IV.

INDICTMENTS, &c. FOR OFFENCES AGAINST LAW OF NATIONS.

FOR OFFENCES AGAINST LAW OF NATIONS.

for libel in French on the then chief consul of France, 28

for accusing Russian ambassador of having sent advice to our

enemies, 32

CHAP. V.

INDICTMENTS, &c. FOR OFFENCES AGAINST THE KING,

GOVERNMENT, AND PUBLIC OFFICERS.

HIGH TREASON.

Preliminary observations.

as to the offence of high treason, 35

notes on treason, by the Laws of the United States, &c. 37.

as to the indictment, 40

as to the defence, 43, 44

as to the evidence, 45

as to the judgment and punishment, 46

Indictments for treason.

for compassing the king's deposition and death, on 25 Ed. III. 46

Overt acts.

first-agreeing with J. W. to assist enemies in invasion, 47

second-conspiracy to rise in rebellion and incite enemies to invade

the kingdom, 47

third-assisting person who had come hither for traitorous pur-

poses, 48

fourth-conspiring to collect information as to dispositions of sub-

jects to assist invasion, with intent to communicate same to

enemy, 48

fifth-collecting information as to disaffected persons, in order to

send information to enemy, 49

sixth-obtaining and keeping like information with like intent, 49

seventh-sending information to enemy how British subjects were

affected towards king, 50

eighth-conspiring to raise rebellion and war in Ireland, 50

ninth-conspiring that W. J. should go to Ireland to raise rebellion

and war there, 50.

tenth-corresponding with W. J. in Ireland for same traitorous pur-

poses, 51

eleventh-supplying W. J. with money for same traiterous purposes, 51

for traitorously adhering to king's enemies, 52

for treason, compassing death of king and to depose him, 52

other overt acts compassing deposition and death of king, 52

for conspiring to levy war against king in his realm, see 25 Ed. III.

st. 5. c. 2. 53

first overt act, that defendants met with a conspiracy to alter consti-

tution and depose king, 54

second-publishing books and inviting persons to meet for treasona-

ble purposes, 54

third-consulting as to time and place of meeting, 55

fourth-defendants agreeing that some of them should meet about the

convention, 55

fifth-for procuring arms to oppose regal government, 56

sixth-conspiring to levy war against king, 50

seventh-conspiring to subvert government, 56

eighth-publishing books inviting subjects to commit treason, 57

ninth-procuring arms to levy war against king, 57

common conclusion, 58

for levying war against king in this realm, 58

overt act-assembling armed with offensive weapons, 48

Treason against the United States, 59

LIBELS AND INSULTS ON KING AND GOVERNMENT, &e.

for libel on king, 60

for libel on king and administration, 61

for libel on hereditary monarchy and constitution, 62

against dissenting preacher for a şeditous sermon, 62

for seditious words against king and government, 64

CHAP. VI.

INDICTMENTS, &c. FOR OFFENCES AGAINST COIN.

Preliminary notes.

as to offence, 66,

limitation of prosecution, 66

indictment. 67.

evidence, 67.

defence, 67.

judgment, 67.

law of the United States relative to passing the legal coin of the

United States, 66.

rewards, 67.

Indictments, &c.

CHAP. VII.

OFFENCES AGAINST REVENUE.

[Omitted.]

CHAP. VIII.

FOR OFFENCES AGAINST PUBLIC JUSTICE.

FOR OBSTRUCTING AND NOT ASSISTING PROCESS.

Preliminary notes as to offence and indictment, 69

Precedents of indictments and informations.

for obstructing person aiding constable in execution of warrant, 69

against constable for refusing to assist in securing offender, 71

for felony in assaulting, &c. with intent to obstruct arrest, 72

obstructing process issued out of the courts of the United States, 75

resisting process in the hands of the deputy marshall of the United

States, 77.

FOR ESCAPES.

1. Against prisoner himself.

for escaping from constable, being in custody under warrant, 79

against felon for breaking prison, 80

against two felons for escaping from prison and against third for

assisting, 80

for breaking prison, and for aiding felons' escape, 81

against prisoner in gaol, under a ca. sa. for attempting to escape,

82

2. Against officers.

for permitting convict to escape. 83

for permitting escape of clergyable felon, 85

of prisoner committed by justice for robbery, 87

against turnkey for aiding prisoner committed by justice for

petit larceny to escape, 88

against constable for escape of prisoner arrested by him, 90

FOR RESCUES.

for rescue of prisoner in custody of constable, on justice's war-

rant, 90

for assault on officer, and rescue of prisoner taken, under warrant
backed into another county, 22

for rescuing rioter from justice of peace, 84

for rescue of person arrested on ca. ad res. and latitat, 95

for rescuing person under charge of sending letter without name,

demanding money, 97

for rescuing goods distrained for rent, 99

for the like, and also assaulting bailiff, 99

for rescuing goods distrained, after fraudulent removal, 100

for rescue of cattle taken damage feasant, before impounded, 100

for rescuing cattle out of pound, taken as distress, damage feasant,

101

for breaking pound, and letting out mare, 102

CONTEMPTS OF COURT.

information for riot and striking in open court, 103

for riot and forcible intrusion and assault on commissioners of

taxes, 106

FOR TAKING MONEY TO RETURN STOLEN GOODS.

for receiving money to help person to goods stolen privily from

person, 107

FOR COMPOUNDING FELONY

for compounding felony, 108

FOR COMPOUNDING PENAL ACTION.

for compounding penal action for selling wine without licence, 110

for compounding offence against another penal statute, 111

for taking money to compound qui tam action, 112

FOR MISPRISION OR CONCEALMNENT OF FELONY.

for misprision of felony, 113

FOR BARRETRY.

indictment for barretry, 113

FOR MAINTENANCE.

for maintenance of action of debt, 114

for maintenance of ejectment in exchequer, and bill in equity, 115

FOR DISSUADING WITNESS TO GIVE EVIDENCE.

dissuading from giving evidence against a prisoner, 116

AGAINST JUSTICES FOR OPPRESSION, &c.

for causing a woman to be whipped as disorderly person without proof

adduced, 117

for imprisoning for offence out of his jurisdiction, 119

for illegally releasing a vagrant, 121

for preventing arrest of person charged with offence against vagrant

act, 121

AGAINST CORONERS FOR NEGLIGENCE.

for refusing to take inquisition, 126,

for not returning inquisition according to evidence, 127

AGAINST INFERIOR OFFICERS FOR MISCONDUCT.

against high constable for not issuing precepts, &c. 128

for not presenting highways out of repair, 131

for not executing justice's warrant, 131

against bailiff for absenting himself at an election, 132

AGAINST MINISTERIAL OFFICERS FOR NOT ACCEPTING OFFICE, &c.

against constable or headborough for not taking upon him the office,

133

for not taking office of constable, 136

for refusing to watch with constable when summoned, 137

for refusing to execute office of overseer, 138

DISOBEDIENCE OF ORDERS OF JUSTICES.

against overseer for not paying pauper's weekly allowance, 138

against father of bastard child for disobeying order of maintenance,

141

against high constable for contempt in disobeying order of sessions,

143.

against surveyors of highways for disobeying order of magistrate, 143

FOR EXTORTION.

against constable for taking money under pretence of getting offender

discharged, 145

aga not constable for taking money on apprehension, under bench

warrant, 147

against bailiff of hundred for extortion, 148

against tipstaff of king's bench for extortion, 148

against gaoler for extortion, and permitting escape, 149

against servant of clerk of market for extortion, 150

against toll collector for extortion, 150

against two collectors of taxes for extorting money, 151

CHAP. IX.

INDICTMENTS FOR PERJURY AT COMMON LAW, AND ON

STATUTE 5 ELIZ. C. 9.—FOR SUBORNATION OF PERJURY,

AND FOR PERJURIES MADE FELONIES BY STATUTE.

the indictment, 169

the evidence, 169.

the punishment, 169

Of perjuries made felonies.

offence, 170

Subornation of perjury.

the offence, 170

indictment, 171

evidence, 171

punishment, 171

INDICTMENTS FOR PERJURY.

In civil proceedings before trial.

in C. P. sworn before deputy filazer in London, falsely swearing no

tender made, 172 ·