[*11]

and others their companions, justices of our said lord the king
assigned to keep the peace in the said county, and also to hear
and determine divers felonies, trespasses, and other misde-
meanours in the said county committed, A. B. esquire, one
of the justices of our said lord the king assigned for the pur-
poses aforesaid, by virtue of an act made in* the thirteenth
year of the reign of his majesty king George the third, "For
the amendment and preservation of the highways," upon his
own view [or if it is upon information of the surveyor, then
say, "upon information on oath to him given by C. D. sur-
veyor of the highways, for the parish of in the said
county,"] doth present, that from the time whereof the memo-
ry of man is not to the contrary, (f) there was and yet is a
certain common and ancient king's highway, leading from
the town of in the said county, towards and unto
within the same county, used for all the king's subjects with
their horses, coaches, carts, and carriages to go, return, and
pass at their will, and that a certain part of the same king's
common highway, commonly called situate, lying, and
being in the parish of in the same county, containing in
length yards, and in breadth feet, on the day
of- in the year of the reign of, and continually
afterwards until the present day, was, and yet is very ruinous,
deep, broken, and in great decay for want of due reparation
and amendment, so that the subjects of the king through the
same way with their horses, coaches, carts, and carriages,
could not during the time aforesaid, nor yet can go, return, or
pass as they ought and were wont to do, to the great damage
and common nuisance of all the king's subjects, through the
same highway, going, returning, and passing, and against the
peace of our said lord the king, (g) and that the inhabitants
of the parish of aforesaid, in the county aforesaid, the
said common highway so in decay, ought to repair and amend
when and so often as it shall be necessary. In testimony
whereof, the said A. B. to these presents hath set his hand and
seal, this
in the year aforesaid.

day of

form for not repairing is prescribed
by the statute, Schedule, No. 32, see
also Burn J. Highways Turnpike, 6.
Williams J. Highways, XXXVII. See
also Dick. Sess. 138 to 142. 13 East,
258. The presentment must show
that highway is in parish, Cowp. 111.
and if it be respecting a road against
a smaller district than a parish, it
must be stated expressly how the
township, &c. is liable, 2 T. R. 513.
See the various forms of indictments
for not repairing, post. In case of a
presentment for not repairing, the

A. B. (L. s.)

form, being prescribed by the act, need not conclude, contrary to the statute, but for a nuisance or other offence the presentment must so conclude, and must follow the language of the act, 13 East, 258.

(f) It is not necessary thus to allege that the way was immemorial, 3 T. R. 265.

(g) In general the presentment should conclude against the statute, &c. 13 East, 258. et supra 10. a. f. The presentment is traversable gene. rally. 3 Burr. 1530.

INFORMATIONS, QUI TAM, AT SESSIONS.

in Informations qui tam at quar

Westmoreland. Be it remembered, that A. B. of the county of gentleman, who, as well for our sovereign lord the now king as for himself, doth prosecute in this be- ter sessions. half, cometh before the justices of our said lord the king, as- (h) signed to keep the peace* of our said lord the king, in and [*12] for the said county of Westmoreland; and also to hear and determine divers felonies, trespasses, and other misdemeanours

in the said county committed, at their general quarter sessions of the peace holden at

in and for the said county, on

in the

in the

the — day of 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 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 £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.

(h) See form, Cro. C. C. 8 Ed. 237. Burn J. Information. Williams J. Information. See another form for ex

ercising a trade not having served an
apprenticeship, post.

CHAPTER II.

INDICTMENTS, &c. FOR OFFENCES AGAINST GOD,
RELIGION, AND PUBLIC WORSHIP.

[*13]

at common

law for ver

MIDDLESEX.* The jurors for our lord the king upon their Indictment oath present, that T. D. late of &c. not having the fear of God before his eyes, but being moved and seduced by the inbal blasphe- stigation of the devil, and contriving and intending to scanda[*14] lize and vilify the true* and Christian religion, as received my of God, and publicly professed within this realm of England; and to our Saviour blaspheme God and our lord Jesus Christ the Saviour of the and the Holy world, on, &c. at, &c. aforesaid, having and holding in his Ghost. (a) hands a certain cup of wine, unlawfully, wickedly, and blas

(a) See precedents, Trem. P. C. 225, 6. Blasphemy against God or the Christian religion, is indictable at common law, 1 East, P. C. 3. 3 Keb. 607. 2 Woodes, 512. 4 Bla. C. 59. Bac. Ab. Heresy, C. 1 Stra. 416. 2 Stra. 789. As to the nature of the punishment, see 3 Keb. 621. 1 Bla. R. 395. With respect to libels or verbal slanders on the Trinity, see 1 Stra. 416. and 2 Stra. 789. It was enacted by 9 and 10 Wm. III. c. 32. that if any person professing the Christian religion, shall by writing, printing, teaching or advised speaking, deny any one of the persons of the Holy TRINITY to be God, or shall assert or maintain that there are more Gods than ONE, or shall deny the Christian religion to be true, or the Holy Scriptures, of the Old and New Testament, to be of Divine Authority, and shall be convicted thereof upon indictment or information in

any of his Majesty's courts at Westminster, he shall for the first offence be rendered incapable of holding any office, or forfeit any he may hold; and shall for the second be rendered incapable of bringing any action, being guardian, executor, legatee or purchaser of lands, and shall suffer imprisonment without bail. But provided the delinquent shall, within four months after the first conviction, publicly renounce his errors in open court, he shall be discharged for that once from all disabilities. This statute was repealed, as far as it affects Unitarians only, by 53 Geo. III. c. 160. Prosecutions for reviling the Trinity seem to have been generally framed on the construction of the common law. Against persons denying the Scriptures to be the word of God, the statute 9 and 10 Wm. III. still continues in force.

phemously, 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 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.

bel, viz.

of Reason,

[Commencement of information as ante 6.] That Daniel For publishIsaac Eaton, late, &c. bookseller, being an evil disposed and ing a blas phemous wicked person, and disregarding the laws and religion of this mous lirealm, and wickedly and profanely intending to bring the holy Third Part of scriptures and the Christian religion into disbelief and con- Paine's Age tempt among all the liege subjects of our said lord the king, on the Chrisdid heretofore, to wit, on, &c. at, &c. unlawfully and wickedly tian religion, print and publish, and cause to be printed and published, a the Bible, certain scandalous, impious, blasphemous, and profane libel and our Saof and concerning the holy scriptures and the Christian reli- viour. (6) gion, containing therein amongst other things divers scandalous, impious, blasphemous,* and profane matters of and concerning the Holy Scriptures and the Christian religion, in one part thereof according to the tenor and effect following (that is to say.) But the case is, that people have been so long in the habit of reading the books called the Bible (meaning that part of the Holy Bible called the Old Testament,) and Testament (meaning the New Testament,) with their eyes shut and their senses locked up, that the most stupid inconsistencies have passed on them for truth and imposition for prophecy. The all-wise Creator hath been dishonoured by being made

(b) See other precedents of indictments for written libels on the Christian religion, Trem. P. C. 43. 45. 3 Mod. 68. Co. Ent. 352, 3. and precedents of indictments for verbal slander on the Christian religion, West. 334. 355. Cro. Jac. 421. 2 Rol. Ab. 78. Precedent of indictment on 1 Eliz. c. 2. for using other prayers in the church than in the Prayer Book, 2 Show. 437. 3 Mod. 79. This statute was repealed as far as relates to Protestant Dissenters and Catholics, by 31 Geo. III. c. 32. s. 3. The above information was framed upon that against Paine for the "Age of Reason," see also 1 East, P. C. 5. It is founded on the principles of the

common law as recognized in the
case of the King v. Taylor, 1 Ventris,
293. 3 Keb. 607. 1 East, P. C. 3,
&c. 4 Bla. C. 44. that Christianity is
part of the law of England. The ge-
neral law as to this offence as collect-
ed from the case of the King v. Hool-
ston, 2 Stra. 834. Fitzgib. 64. Bar-
nard, 162. is that it is illegal to write
against Christianity in general, that it
is also illegal to write against any one
of its evidences or doctrines so as to
manifest a malicious design to under-
mine it altogether; but that it is not
illegal to write on controverted
points, whereby it is possible some
evidence of Christianity may be af
fected.

[*15]

the author of fable, and the human mind degraded by believing it. And in another part thereof, according to the tenor and effect following (that is to say), I forbear making any remark on this abominable imposition of Matthew (meaning the holy evangelist Saint Matthew), the thing glaringly speaks for itself. It is priests and commentators that I rather ought to censure for having preached falsehood so long, and kept people in darkness with respect to those impositions; I am not contending with those men upon points of doctrine, for I know that sophistry has always a city of refuge. I am speaking of facts, for, wherever the thing called a fact is a falsehood, the faith founded upon it is delusion, and the doctrine raised upon it not true. Ah! reader, put thy trust in thy Creator and thou wilt be safe; but if thou trusteth to the book called the Scriptures (meaning the Holy Scriptures) thou trusteth to the rotten staff of fable and falsehood. And in another part thereof, according to the tenor and effect following, (that is to say) I have now, reader, gone through and examined all the passages which the four books of Matthew, Mark, Luke, and John (meaning the four holy gospels) quoted from the Old Testament, and call them prophecies of Jesus Christ: when I first sat down to this examination I expected to find cause for some censure, but little did I expect to find them so utterly destitute of truth and of all pretensions to it, as I have shown them to be; the practice which the writers of those books employ, is not more false than it is absurd. They state some trifling case of the person they call Jesus Christ, and then cut out a sentence from some passage of the Old Testament, and call it a prophecy of that case; but when the words thus cut out are restored to the place they are taken from, and read with the words before and after them, they give the lie to the New Testament: a short instance or two of this will suffice for the whole. And in another part thereof, according to the tenor and effect following, (that is to say), these repeated forgeries and falsifications create a well founded suspicion that all the cases spoken of concerning the person called Jesus Christ are [*16] made cases, on purpose to lug in, and that very clumsily,* some broken sentences from the Old Testament, and apply them as prophecies of those cases; and that so far from his being the Son of God, he did not exist even as a man; that he is merely an imaginary or allegorical character, as Apollo, Hercules, Jupiter, and all the deities of antiquity were; there is no history written at the time Jesus Christ is said to have lived, that speaks of the existence of such a person even as a man. Did we find in any other book, pretending to give a system of religion, the falsehoods, falsifications, contradictions, and absurdities which are to be met with in almost every page of the Old and New Testament, all the priests of the present day, who supposed themselves capable, would triumphantly show their skill in criticism, and cry it down as a most glaring im