Second information, evidence,

confession,

tion.

ties.

was guilty of the said premises specified in the said information, and charged upon him the said C. D. in and by the said information in manner and form as in and by the said information had been alleged against him as aforesaid, therefore it was then and there considered and adjudged by the said justices that the said C. D. upon the evidence of the said A. B. (being a credible witness, upon oath as aforesaid) should be and was convicted of the matters and things alleged against him in and [*129] by the said* information as aforesaid, according to the form of the statute in that case made and provided, and that he the said C. D. should forfeit the sum of ten pounds of lawful money of Great Britain, which said forfeiture of ten pounds they the said justices did then and there mitigate and lessen to the sum of five pounds, to be distributed as the law in that case directed, as by the said record of conviction (relation being thereunto had) doth more fully appear. And the said attorney general of our said present sovereign lord the king, for our said present sovereign lord the king, giveth the court here further to understand that some time ago, that is to say, upon, and convic. &c. at, &c. in &c. the said A. B. being then one of the officers of, &c. &c. [The information then stated another complaint before magistrates upon a similar charge, with the evidence and Warrants to conviction, and then proceed as follows,] and the said attorney levy penal- general of our said present sovereign lord the king, for our said present sovereign lord the king, giveth the court here further to understand and be informed, that afterwards, that is to say, upon the said, &c. the said G. H. and J. K. the justices aforesaid, did, in consequence of the said several convictions, according to due form of law, make and issue out two several warrants in writing under their hands and seals, bearing date upon the said, &c. and directed to the said constables and tithing men of the county of S. and also to R. R. J. B. and J. B. (being three of the officers of excise of our said present sovereign lord the king) or to either of them, and to such other persons or person as they the said R. R. J. B. and J. B. or either of them should take to their assistance; by one of which said warrants they the said R. R. J. B. and J. B. and each and every of them, and such other person or persons as they the said R. R. J. B. and J. B. or either of them should take to their assistance were authorized and commanded, that they, every, or any of them should levy upon the goods and chattels of the said C. D. the said sum of five pounds recovered against him the said C. D. by the said A. B. in the said warrant named, who prosecuted as well for our said present sovereign lord the king as for himself, for a certain offence alleged in the said warrant to have been committed by the said C. D. against the laws and statutes of excise, being the same offence whereof the said C. D. then stood convicted as aforesaid by the said firstmentioned conviction before them the said G. H. and J. K. the justices aforesaid, and for levying thereof the said R. R., J. B.

and J. B. or either of them, and such other person or persons as they the said R. R., J. B. and J. B. or either of them should take to their assistance, were commanded by the said last-mentioned warrant to seize, take and carry away the goods and [*130] chattels last aforesaid; and if in fourteen days next after such seizure the same should not be then redeemed, that then and in such case, and after the expiration of the said fourteen days, they the said R. R., J. B. and J. B. or either of them, or any such person or persons as they the said R. R., J. B. and J. B. or either of them should take to their assistance, were commanded by the said warrant to make sale thereof, or of so much thereof as would be sufficient to levy the said sum of five pounds; and when the same should be levied, they the said R. R., J. B. and J. B. or either of them, and such other persons or person as they or either of them should take to their assistance, were also commanded by the said warrant forthwith to pay the same to the collector of the excise for the collection called Taunton collection for the time being, to be by him applied and answered for and according to the statute in such case made and provided; and if after levying thereof any overplus should remain of the said goods and chattels as aforesaid, of the money arising by sale thereof, that then the said R. R., J. B. and J. B. or either of them, or such person or persons as they or either of them should take to their assistance should render such overplus to the said J. B. and it was further commanded in and by the said warrant to all constables and headboroughs of the said county, and they were thereby required to be aiding and assisting to the said R. R., J. B. and J. B. or to either of them, or to such other person or persons as they or either of them should take to their assistance in the due execution of the said warrant, but in case there could not be found sufficient to levy the sum last-mentioned, then and in such case they the said R. R., J. B. and J. B. or either of them, and such person and persons as they or either of them should take to their assistance, a return of the said warrant was commanded forthwith to certify the same to the said J. C., C. C. and J. B. the justices aforesaid; and by the other of the said warrants, they the said R. R., J. B. and J. B. and each and Second warevery of them and such other person or persons as they the rant. said R. R., J. B. and J. B. or either of them should take to their assistance, were authorized and commanded that they, every, or any of them, should levy upon the goods and chattels of the said J. B. the said other sum of five pounds. [The information then states a second warrant of seizure similar to that already recited grounded upon the second conviction,] as by the said two several warrants, relation being thereunto had, doth more fully appear; which said two several warrants, after- Delivery of wards, that is to say, on, &c. were in due manner delivered warrants to to the said J. B. to be executed in duc form of law. And the said attorney general of, &c. for, &c. giveth, &c.* that the [*131] Crim. Law.

VOL. II.

the officers.

Demand of the sum for

feited.

said J. B. having then and there full power and authority, by virtue of the said two several warrants, to levy the said two several sums of five pounds so recovered against him the said C. D. as aforesaid, upon the goods and chattels of the said C. D. he the said J. B. afterwards, that is to say, on, &c. taking to his assistance one J. A. another officer of excise of our said present sovereign lord the king, and also one E. B. constable of, &c. went to the dwelling house of the said C. D. (being a public ale house or victualling house, in, &c.) in order to levy the said several sums of five pounds on the goods and chattels of the said C. D. according to the directions of the said two several warrants, and the said J. B. then and there by virtue of the said two several warrants demanded of the said C. D. the said several sums of five pounds, then and there telling the said C. D. that unless the said C. D. would pay the several sums of five pounds, they the said J. B. E. B. and J. A. should be obliged to levy upon and distrain the goods and chattels of the said C. D. for the payment thereof; upon which the Defendant's said C. D. of, &c. in, &c. dealer in brandy, being a person of assault on the a wicked mind, and of a violent and turbulent temper and disofficers, &c. position, and unlawfully and wickedly devising, contriving,

and intending to hinder and obstruct the due course of law and justice, in and upon the said J. B. and J. A. being then and there two officers of the excise of our present sovereign lord the king as aforesaid, and being also then and there in the due execution of their said several and respective offices, in endeavouring to execute the said two several warrants as aforesaid, and being also then and there in the peace of God, and of our said present sovereign lord the king, then and there, with force and arms, unlawfully and violently did make an assault and affray, and thereupon the said J. B. and J. A. he the said C. D. did then and there with force and arms, unlawfully and violently beat, wound, and treat so ill, that their lives were then and there greatly despaired of, and also that he the said C. D. did then and there with force and arms, unlawfully, wickedly, and maliciously present, level, and point at, and towards them the said J. B. and J. A. a certain gun, which he the said C. D. then and there had and held in his hands, and he the said C. D. at the same time holding his finger on the ketcher or trigger thereof, ready to discharge, and let off the same, he the said. C. D. in a most vehement and outrageous manner, swearing and threatening that he the said Č. D. would shoot them, the said J. B. and J. A. if they did not immediately get out of his said house; upon which the said J. B. and J. A. were then and there obliged for the preservation of [*132] their lives, to retire and get out of the said house, he the said* C. D. then and there following them, the said J. A. and J. B. to the outer door of the said house, into the king's common highway or street there, having at the same time the said gun so presented, levelled, and pointed at and towards them the

out the former pro

said J. B. and J. A. as aforesaid; and that he the said C. D. did then and there with force and arms, unlawfully, violently, and maliciously give him the said J. A. a violent blow upon the body of him the said J. A. by pushing the muzzle of the said gun against the back of him the said J. A. by reason and means whereof, they the said J. B. and J. A. were then and there hindered and absolutely prevented from executing the said two several warrants, or either of them, for the intents and purposes for which the same were so made and issued out as aforesaid, and other mischiefs upon them the said J. A. and J. B. he the said C. D. did then and there, with force and arms, unlawfully and violently bring, to the great damage of them the said J. B. and J. A. in contempt of our said present sovereign lord the king, and his laws, to the manifest hindrance and obstruction of public justice, to the evil and pernicious example of all others in like case offending, and also against the peace of our said sovereign lord, the king, his crown and dignity. And the said attorney general of, &c. for, &c. giveth, Second &c. that the said C. D. afterwards that is to say on, &c. with count, for as force and arms at, &c. in and upon them the said J. B. and J. saulting the officers in A. being then and there two of the officers of the excise of our execution of said present sovereign lord the king, and being also then and their office, there in the due execution of their said several and respective not setting offices, and being also then and there in the peace of God, and of our said present sovereign lord the king, unlawfully and ceedings. violently did make an assault and affray, and them the said J. B. and J. A. he the said C. D. did then and there, with force and arms, unlawfully and violently beat, wound, and treat so ill, that their lives were greatly despaired of, and also them the said J. B. and J. A. being also then and there in the due execution of their said several and respective offices as aforesaid, he the said C. D. with force and arms, did unlawfully, violently, and forcibly hinder, obstruct, resist, oppose, abuse, and molest and other &c. [as in the conclusion of the first count, only instead of the words" to the manifest hindrance and obstruction of public justice," say, "in diminution of the revenue of excise of our said present sovereign lord the king."] And the Third count, said attorney general of, &c. for, &c. giveth, &c. that he the cial assault, said C. D. afterwards, that is to say, upon, &c. with force not stating and arms at, &c. in and upon them the said J. B. and J. A. the officers being then and there in the dwelling house of him the said C. to have been D. and being also then and there in the peace of God and of our said present* sovereign lord the king, unlawfully and violently did make an assault and affray, and them the said J. B. and J. A. he the said C. D. did then and there, with force and arms, unlawfully, and violently beat, wound, and treat so ill, that their lives were greatly despaired of; and also that he the said C. D. did then and there, with force and arms unlawfully, wickedly, and maliciously present, point, and level at, and toward them the said J. B. and J. A. a certain other gun, which

for the spe

acting in that character.

[*133]

he the said C. D. then and there had and held in his hands, he the said C. D. at the same time holding his finger on the ketcher or trigger thereof, ready to discharge and let off the same, and then and there in a most vehement and outrageous manner swearing and threatening that he the said C. D. would shoot them the said J. B. and J. A. if they did not immediately get out of his said house; upon which they the said J. A. and J. B. were then and there forced and obliged, for the preservation of their lives, to retire and get out of the said house; he the said C. D. then and there following them the said J. B. and J. A. to the outer door of the said house, into the king's common highway or street, there, having at the same time, the gun so presented, levelled, and pointed at and toward them the said J. B. and J. A. in manner aforesaid; and that he the said C. D. did then and there with force and arms unlawfully, violently, and maliciously give him the said J. A. a violent blow upon the back of him the said J. A. by pushing the muzzle of the said gun against the back of him the said J. A. and other mischiefs upon them the said J. B. and J. A. &c. &c. [as in the conclusion to a common assault.] And the said attorney general of, &c. for, &c. giveth, &c. that he the said C. D. afsault and afterwards, that is to say, upon, &c. at, &c. in and upon them fray. the said J. B. and J. A. being then and there in the peace of God, and of our said present sovereign lord the king, unlawfully and violently did make an assault and affray, he the said C. D. did then and there with force and arms, unlawfully and violently beat, wound, and treat so ill that their lives were greatly despaired of, and other, &c. [conclusion same as in the third count,] whereupon the said attorney general of, &c. for, &c. prayeth, &c. [conclusion of information as ante 6.]

Fourth

count, for a

common as

The like

[The same as the first count of the last precedent, to the against three for a riotous statement of the entry into the house of the party convicted, in assembly order to levy, and then proceed as follows.] And the said atand obstruc- torney general of, &c. for, &c. giveth the court here to undertion. (d) stand and be informed that D. T. late of, &c. W. K. late of, [*134] &c. R. T.* late of, &c. well knowing the premises, but having no regard for the laws and statutes of this realm, and being rioters and disturbers of the peace of our said lord the king, and unlawfully devising, contriving, and intending to obstruct and impede the due course of law and justice, and to prevent the aforesaid sums of twelve pounds, ten shillings, from being levied on the aforesaid goods and chattels of the said W. J. together with divers other persons, whose names are at present unknown to the said attorney general of, &c. on, &c. with force and arms, at, &c. unlawfully, riotously, routously, and tumultuously did meet and assemble themselves together near to the said

1

(d) See precedent, 4 Wentw. 400. and other precedents, ante 127, 8, in

notcs.