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defendants], not regarding the laws and statutes of this realm, afterwards, to wit, on, &c. with force and arms, at the same parish, and county, willingly, and of purpose maliciously and contemptuously did come into the said congregation (being then a congregation allowed by the act of parliament aforesaid) and disquiet and disturb the same congregation during the time of divine service, by then and there talking, cursing, and swearing, with a loud voice, and also by talking with a loud voice to the said R. B. then and there being in the pulpit (the doors of the said meeting house and place where the said congregation was so assembled, not being then locked, barred, or bolted) to the evil example, &c. against the peace, &c. and also against the form of the statute, &c. And the Second jurors aforesaid, upon their oath aforesaid do further present that the aforesaid [defendants] on, &c. with force and arms at, &c. aforesaid, did willingly, and of purpose maliciously, and contemptuously come into a certain congregation of protestants, dissenting from the church of England and scrupling infant baptism, then and there assembled, in the meeting house of R. B. there situate, for the worship and service of Almighty God (which said congregation was then and there permitted, by a certain act of parliament, made in the first year of the reign of their late majesties king William and queen Mary of England, and so forth, entitled, "An act for exempting their Majesty's protestant subjects, dissenting from the church of England, from the penalties of certain laws") and of which congregation the said R. B. was then and there teacher or preacher, and they, the said [defendants] did then, to wit, at the same time, when they so came into the said congregation, there disquiet and disturb the said congregation, by talking, laughing, cursing, and swearing, with a loud voice, the said R. B. then and there being in the pulpit, (the said meeting house where the congregation was so assembled, being then and long before registered and recorded, according to the direction of the said last mentioned act of parliament, and the doors of the said meeting house, and place, where the said congregation was so assembled, not being then locked, barred, or bolted) to the evil example, &c. against the peace, &c. and against the form, &c.

That C. B. the elder, late of, &c. and C. B. late of, &c. on, For disturb&c. with force and arms, at, &c. did during the time of divine ing dissenting congreworship, unlawfully, wilfully, maliciously, and contemptuous- gation on ly disquiet and disturb a certain congregation of protestant [*28] dissenters from the church of England, being then and there statute 52 lawfully assembled for the purpose of religious worship, in a Geo. III. c.

obtained from the crown office, 53
Geo. III. The indictment must by
sect. 17. be brought within six
months.
VOL. II.

(r) This statute extends to all malicious disturbances affecting public worship, whether in or out of the meeting house. This precedent was Crim. Law.

155. s. 12. (r)

Second
Count

At common

law for a riot

and assault in a dissent

ing meeting

house. (s)

certain chapel, situated, standing, and being, in the parish aforesaid, in the county aforesaid, the said chapel being then and there duly certified, and registered, pursuant to the statute in such case made and provided, in contempt of public worship, to the evil example, &c. against the form of the statute, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. B. the elder, and C. B. the younger, afterwards (to wit) on the said, &c. with force and arms, at, &c. did, during the time of divine worship, unlawfully, wilfully, maliciously, and contemptuously disquiet and disturb a certain other congregation of protestant dissenters from the church of England, being then and there duly and lawfully assembled, for the purpose of religious worship, in a certain other chapel, situate, standing, and being, in the parish aforesaid, in the county aforesaid, the said last mentioned chapel, being then and there duly certified and registered pursuant to the statutes in such case made and provided, in contempt of public worship, to the evil example, &c. against the form of the statutes, &c, and against the peace, &c. [Other counts describing the place of worship as a meeting house].

[Commencement of indictment as ante 2]. That C. D. late of, &c. E. F. late of, &c. G. H. late of, &c. and divers other evil disposed persons, to the number of forty and more, to the jurors aforesaid, as yet unknown, being rioters, routers and disturbers of the peace of our lord the now king, and not regarding the laws and statutes of this kingdom, on, &c. with force and arms, at, &c. unlawfully, riotously, routously, and tumultuously did assemble and meet together to disturb the peace of our said lord the king, and being so assembled together, did then and there unlawfully, riotously, routously, and tumultuously disturb several of the liege subjects of our said lord the king, peaceably assembled and met together for the purpose of hearing divine service in a certain dissenting meeting house there situate, by riotously and routously shouting, hallooing, and making a great noise, whereby the said divine [*29] service was greatly interrupted; and that the said C. D. one I. L. who was then and there attending the said divine service in the said meeting house, and in the peace of God and our said lord the king, then and there being, unlawfully and riotously did beat, wound, and ill-treat, so that his life was greatly despaired of, to the great disturbance of, and terror of divers of his Majesty's subjects, to the great damage of the said I. L. and against the peace, &c. [Second count for a common assault.]

Information

That James Churchyard, late of, &c. [and several others at common named] being persons of unruly, turbulent, and wicked minds and dispositions, and contriving and intending to break and

law for a

() See another precedent, 2 Starkię, 650.

congrega

disturb the peace of our said lord the king, and to oppress, conspiracy aggrieve, injure, annoy, disturb, and harass divers of the liege to disturb a subjects of our said lord the king, being protestants dissenting dissenting from the church of England, on, &c. with force and arms at, tion. First &c. unlawfully, wickedly, and designedly did conspire, com- count for a bine, confederate, and agree together, and with divers other conspiracy persons, as much as in them lay, as well by force, tumult, the overt stating all noise, and disturbance, as by divers subtle contrivances and acts. (t) artifices to interrupt, disturb, and disquiet a certain congregation of his Majesty's protestant subjects dissenting from the church of England, permitted by a certain act of parliament, made in the first year of the reign of their late majesties king William and queen Mary, intituled, &c. the said congregation being then and there lawfully assembled together for religious worship, in a certain meeting house there situate, and which said meeting house had been, and then was duly certified and registered, pursuant to the said act of parliament, and also as much as in them, the said (defendants) lay, and by the means aforesaid, to prevent and hinder the said congregation from meeting and assembling together, and at other times in the said meeting house for religious worship, and from performing divine service therein; and that the said (defendants) in pursuance of, and according to the conspiracy, combination, confederacy, and agreement so as aforesaid before had, afterwards, to wit, on, &c. aforesaid, and on divers other days and days, to wit, on, &c. (naming several days) with force and arms at, &c. aforesaid, together with divers other persons being rioters, routers, and disturbers of the peace of our said lord the king, to wit, fifty other persons and upwards unlawfully, riotously, and routously did assemble and gather themselves together to break and disturb the peace of our said lord the king, and to carry into effect their* unlawful and wicked [*30] conspiracy, combination, confederacy, and agreement aforesaid, and being so assembled and gathered together as aforesaid, on the days and times aforesaid, for the purpose aforesaid, divers very great riots, routs, tumults, noises, and disturbances did make, and cause to be made, in, near, and about the said meeting house, a certain congregation of his Majesty's protestant subjects dissenting as aforesaid, and permitted as aforesaid, on the respective days aforesaid, there lawfully assembled together for religious worship in the said meeting house, so certified and registered as aforesaid, and on the respective days aforesaid there unlawfully, riotously, and routously did, willingly and of purpose, maliciously and contemptuously, disquiet and disturb the said congregation so assembled, during the time of divine service in the said meet

(t) This was filed in crown office Easter term 51 Geo. III. As to an information. see 3 Burr. 1683. See

Notes on the requisites of indict-
ments for conspiracy, post.

ing house, and unlawfully, riotously, and routously did fire off, and cause to be fired off and thrown into the said meeting house, and also into the common highway there, divers squibs and fireworks, and unlawfully, riotously, and routously did assault, beat, wound, and ill-treat divers persons of the said congregation, to wit one, &c. [naming them] and unlawfully, riotously, and routously did cast and throw stones, dirt, mud, human dung, and other filth at, and against the said, &c.;. [naming them] and unlawfully, riotously, and routously on the respective days aforesaid, by such force and violence as aforesaid, as well by divers subtle contrivances and artifices. interrupt, disquiet, and disturb such congregation as aforesaid, so assembled as aforesaid in the said meeting house for religious worship as aforesaid, during the time of divine service in the said meeting house, and did, by the means aforesaid, endeavour to prevent and hinder the said congregation from assembling together for religious worship in the said meeting house; by means of which said premises the said congregation on the days and times aforesaid, at the parish aforesaid in the county aforesaid, were greatly interrupted, disquieted, disturbed, alarmed, and terrified, and greatly obstructed, prevented, and hindered in assembling in the said meeting house for religious worship, and from performing divine service therein, in contempt, &c. to the evil example, &c. and against the peace, &c. And the said coroner and attorney for our said lord the king who prosecutes as aforesaid, further gives the court here to understand and be informed that the said [defendants] being such persons as aforesaid, and contriving and intending as aforesaid, on, &c. aforesaid, at, &c. aforesaid, unlawfully, wickedly, and designedly did conspire, combine, confederate, and agree together, and with divers other persons as much as in them lay, as well by force, tumult, noise, and disturbance, as by divers subtle contrivances and artifices to interrupt, disturb, and disquiet the said congregation of his majesty's Protestant subjects, dissenting from the church of England, permitted by the said act of parliament, whenever the said congregation should be there assembled together for religious worship in the said meeting house there situate, and so certified and registered as aforesaid, and as much as in them lay by the means aforesaid, to prevent and hinder the said congregation from meeting and assembling together in the said meeting house for religious worship, and from performing divine service therein, in contempt of our said lord the king and his law, to the evil examThird Count ple, &c. and against the peace, &c. And the said coroner and for a conspi- attorney for our said lord the king who prosecutes as aforesaid, racy to dis- further gives the court here to understand and be informed that turb, stating the said [defendants] being such persons as aforesaid, and con

Second

Count for a conspiracy

to disturb,

but not stat

ing overt acts.

[*31]

other overt

acts.

triving and intending to break and disturb the peace of our said lord the king on, &c. aforesaid, with force and arms at, &c. aforesaid, unlawfully, wickedly, and designedly did con

spire, combine, confederate, and agree together, and with divers other persons as much as in them lay, as well by force, tumult, noise, and disturbance, as by divers subtle contrivances and artifices to interrupt, disturb, and disquiet a certain congregation of his majesty's Protestant subjects dissenting from the church of England, permitted by a certain act of parliament, made in the first year of the reign of their late majesties king William and queen Mary, intituled, &c. whenever the said congregation should be there lawfully assembled together for religious worship in a certain meeting house there situate, and which said meeting house had been, and then was duly certified and registered pursuant to the said act of parliament; and that the said [defendants] in pursuance thereof, and according to the conspiracy, combination, confederacy, and agreement between them, so as last aforesaid before had, afterwards, to wit, on, &c. aforesaid, and on divers other days and times between that day and the third day of December, in the fifty-first year aforesaid, with force and arms at, &c. aforesaid, unlawfully, riotously, and routously did make and cause divers great riots, routs, noises, and disturbances near and about the said meeting house, the said congregation of his majesty's Protestant subjects dissenting as aforesaid, and permitted as aforesaid, being then, and on the days and times aforesaid, there lawfully assembled together for religious worship in the said meeting house, so certified and registered as last aforesaid, in contempt of our said lord the king and his laws, to the evil example, &c. and against the peace, &c. And the said coroner and attorney for our said lord Fourth the king who prosecutes as aforesaid, further gives the court Count for a here to understand and be informed that the said [defendants] to prevent conspiracy being such persons as aforesaid, and contriving and intending* [32] as aforesaid, on, &c. aforesaid, with force and arms at, &c. assembly at aforesaid, unlawfully and wickedly did conspire, combine, con- meeting federate, and agree together, and with divers other persons as ing overt much as in them lay, as well by force and violence as by divers acts gene. unlawful contrivances and artifices, to prevent and hinder a rally. certain congregation of his majesty's Protestant subjects dissenting from the church of England, and permitted by law, from lawfully meeting and assembling together for religious worship in a certain meeting house, situate in the parish aforesaid, in the county aforesaid, and duly certified and registered according to law; and that the said [defendants] in pursuance of, and according to the conspiracy, combination, confederacy, and agreement between them so as aforesaid, before had, afterwards, to wit, on, &c. and on the other days and times aforesaid, with force and arms at, &c. aforesaid, did by force and violence, as well as by divers subtle artifices and contrivances, endeavour to prevent and hinder the said congregation from assembling together for religious worship in the said meeting house, so certified and registered as aforesaid, in con

house, stat

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