vent certain persons from assembling at meeting house stating overt acts. tempt of our said lord the king and his laws, to the evil examFifth 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 pre- 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, with force and arms at, &c. aforesaid, unlawfully and wickedly did conspire, combine, confederate, and agree together, and with divers other persons as much as in them lay, to prevent and hinder divers of his majesty's Protestant subjects dissenting from the church of England, to wit, one, &c. [name several] from assembling in the said meeting house, so certified and registered as aforesaid for religious worship according to law; and also to prevent and hinder divine service from being performed therein, and in pursuance of, and according to the conspiracy, combination, confederacy, and agreement, so as last aforesaid before had, on the same day and in the year aforesaid, with force and arms at, &c. aforesaid, unlawfully did make and cause to be made divers riots, routs, noises, and disturbances near the said meeting house, and did thereby, and by divers other acts of violence endeavour to terrify, alarm, and intimidate the said, &c. [the persons named] and prevent and hinder them from assembling together in the said meeting house for religious worship as aforesaid, or having divine service performed therein, to the great damage of the said [the persons named] in contempt of our said lord the king and his Sixth Count laws, to the evil example, &c. and against the peace, &c. And conspiracy 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. last aforesaid, with force and arms at, &c. aforesaid, unlawfully and wickedly did conspire, combine, confederate, and agree together, and with divers other persons to instigate, incite, and encourage divers persons, whose names are unknown to the said coroner and attorney of our said lord the king, to assemble and gather themselves together at, &c. aforesaid, to break and disturb the peace of our said lord the king, and to make and cause to be made divers riots, routs, tumults, noises, disturbances, and violations of the peace of our said lord the king, and in pursuance of, and according to the conspiracy, combination, confederacy, and agreement, so as last aforesaid, before had, on, &c. aforesaid, with force and arms at, &c. aforesaid, unlawfully did instigate, incite, and encourage divers persons, whose names are unknown as aforesaid, to assemble and gather themselves together at the parish aforesaid, in the county aforesaid, to break and disturb the peace of our said lord the king, and did then and there by such instigation, incitement, and encouragement as aforesaid, make and cause to be made divers riots, routs, tumults, noises, and dis to cause a [*33] riot with overt acts. riot and dis house. turbances of the peace of our said lord the king, at, &c. aforesaid, in contempt, &c. to the evil example, &c. and against the peace, &c. And the said coroner and attorney for our said Seventh lord the king who prosecutes as aforesaid, further gives the Count for a court here to understand and be informed that the said [de- turbance of fendants] on, &c. aforesaid, and on divers other days and assembly at times, to wit, on, &c. [setting out the several days as in the meeting first count], 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 being so assembled and gathered together as aforesaid, on the days and times 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, so certified and registered as aforesaid, a certain congregation of his majesty's Protestant subjects dissenting as aforesaid, and permitted as aforesaid, being on the respective days aforesaid there lawfully assembled together for religious worship in the said meeting house; and that the said [defendants] together with the said other persons on the respective days aforesaid, there unlawfully, riotously, and routously did willingly, and of purpose, maliciously and contemptuously disquiet and disturb such congregation so assembled as aforesaid, during the time of di- [*34] vine service in the said meeting 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, the said, &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, did endeavour to prevent and hinder the said congregation from assembling together for religious worship in the said meeting house, in contempt, &c. to the great terror and affrightment of all the liege subjects of our said lord the king there being, to the great damage of the said, &c. [naming them] to the evil example, &c. and against the peace, &c. And the said coroner and attorney Eighth for our said lord the king who prosecutes as aforesaid, further Count for a gives the court here to understand and be informed that the riot. See said [defendants] on, &c. aforesaid, with force and arms at, &c. post as to inaforesaid, together with divers other persons being rioters, dictments 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 common for riots. break and disturb the peace of our said lord the king, and being so assembled and gathered together as last aforesaid, then and there unlawfully, riotously, and routously did continue and remain for a long space of time, to wit, for the space of one hour then next following, making and causing to be made divers very great riots, routs, tumults, noises, and disturbances, to the great terror and affrightment of all the liege subjects of our said lord the king there being, in contempt, &c. to the evil example, &c. against the peace, &c. The 9th, 10th, 11th, and 12th counts like the 8th, but for riots on other days. CHAPTER III. INDICTMENTS, &c. FOR OFFENCES AGAINST MIDDLESEX. The jurors for our lord the king upon their [35] oath present, that C. D. late of, &c. on, &c. with force and For digging arms, &c. at, &c. aforesaid, the church yard of and belonging up and carrying away a to the parish church of the same parish there situate, unlaw- dead body fully, voluntarily, and wilfully did break and enter, and the out of a grave there, in which one A. B. deceased had lately before church yard. then been interred and then was, with force and arms unlaw- (a) fully, voluntarily, wilfully, and indecently did dig open, and afterwards, to wit, on the same day and year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, the body of her, the said A. B. out of the grave aforesaid, unlawfully, voluntarily, wilfully, and indecently did take and carry away, to the great indecency of Christian burial, 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. Middlesex,* (to wit). The jurors for our lord the king [36] upon their oath present, that R. W. late of, &c. in, &c. la- Against the bourer, and Thomas Young, late of, &c. surgeon, being evil master of a disposed persons, and having no regard for the religion, laws, and a sur (a) See form, Cro. C. C. 8 Ed. 108. This is indictable as a misdemeanour at common law, 2 T. R. 733. Leach, C. L. 4 Ed. 497. S. C. 2 East, P. C. 652. 2 Bla. C. 429. 4 Bla. C. 236. 1 Hale, 515. As to the right and duty to bury, Com. Dig. Cemetery, B. Willes, 538, where an information was granted by K. B. against a rector for not burying a poor parishioner. An indictment lies for a conCrim. Law. VOL. workhouse to prevent the body of a poor per geon for a and customs of this realm, but unlawfully and wickedly deconspiracy vising, contriving, and intending not only to prevent the interment and burial of a certain dead body, to wit, the body of M. J. spinster then lately deceased, but also to cause and proson who had cure the said body of the said M. J. to be dissected on, &c. died in the with force and arms at, &c. unlawfully and wickedly did confrom being spire, combine, confederate, and agree together, to cause and buried that it procure the said dead body of the said M. J. to be taken and might be dis- carried away from the workhouse for the poor of the said sected. (b) workhouse parish of, &c. in, &c. (wherein the said M. J. when living had lately before been kept and maintained as a poor impotent person unable to maintain and provide for herself, and had departed this life) to the dwelling house of the said T. Y. situate in, &c. in order and for the purpose, that the said dead body of the said M. J. might and should be dissected, and that the said T. Y. in pursuance of, and according to the conspiracy, combination, confederacy, and agreement between him and the said R. W. so as aforesaid before had, afterwards, to wit, on, &c. at, &c. unlawfully and wickedly did cause and procure certain persons, to wit, J. W. &c. &c. &c. to go about the hour of ten at night of the same day, to the workhouse of the poor of the parish aforesaid, where the body of the said M. J. then lay, to receive, take, and carry away the said dead body from the workhouse aforesaid, to the dwelling house of him the said T. Y. &c. situate in, &c. in order and for the purpose, that the said dead body might and should be dissected, and that the said J. W. &c. &c. by the procurement of the said T. Y. in pursuance of and according to the conspiracy, combination, confederacy, and agreement aforesaid, did then and there, to wit, on, &c. about the hour of ten at night of the same day, at the said parish of, &c. in, &c. go to the said workhouse for the poor of the said parish, for the dead body of the said M. J.; and that the said R. W. then and long before being master of the said workhouse, in pursuance of and according to the conspiracy, combination, confederacy, and agreement between him and the said T. Y. so as aforesaid before had, did, then and there, unlawfully, and wickedly deliver, and cause to be delivered the said body of the said M. J. to the said J. W. &c. to take and carry away the same to [*37] the aforesaid dwelling* house of the said T. Y., in order and for the purpose, that the said dead body of the said M. J. might and should be dissected, and the said J. W. &c. &c. &c. did then and there receive, take, and carry away the said dead body of the said M. J. from the said workhouse, to the aforesaid dwelling house of the said T. Y., and that the said R. W. and T. Y. in pursuance of and according to the conspiracy, (b) See form, 4 Wentw. 219. See the case alluded to in 2 T. R. 734. Willes, 538. and the note to the last precedent. |