of defend ment and &c. confederacy, combination, and agreement between them, so as aforesaid had, did, then and there in manner and by the means aforesaid, unlawfully and wickedly wholly prevent the interment and burial of the said dead body of the said M. J., which of right should and ought to have been done and performed according to the rites and ceremonies of the church of that part of this realm called England, to the great scandal and disgrace of religion, and in contempt of the laws and customs of this realm, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. And the jurors afore- Second said, upon their oath aforesaid do further present, that the said Count statR. W. on, &c. was in due manner appointed, according to the ing that one directions of a certain act of parliament in that behalf, to ants was apsuperintend, manage, and take care of the poor that then were pointed masor should thereafter be in the workhouse for the poor of the ter, &c. by said parish of, &c. in, &c. and that on, &c. and long before act of parliathat time, one M. J. a poor impotent person unable to main- that it was tain and provide for herself, was kept and maintained in the his duty, aforesaid workhouse under the superintendance, management, and care of the said R. W. and that on, &c. the said M. J. at, &c. in, &c. to wit, in the aforesaid workhouse departed this life, and that the body of the said M. J. should and ought to have been decently interred and buried according to the rites and ceremonies of the church of that part of this realm called England, in the burial ground belonging to the said parish, and that the said R. W. according to the duty of his said office, should and ought to have caused and procured the said dead body of the said M. J. to have been so decently interred and buried: and the jurors aforesaid, upon their oath aforesaid do further present, that the said R. W. and the said T. Y., knowing the premises last aforesaid, but the duties of the office of the said R. W. and the laws and customs of this realm in no wise regarding, unlawfully and wickedly contriving and intending not only wholly to prevent the interment and burial of the said dead body of the said M. J., but also to cause and procure the said dead body to be dissected afterwards, to wit on, &c. in the twenty-third year aforesaid, with force and arms at, &c. in, &c. the said dead body of the said M. J. then and there being in the said workhouse, did unlawfully and wickedly take and carry away and caused and procured to be taken and carried away with an unlawful and wicked intention, not only to prevent the interment and burial of the said dead body of the said M. J., but also that the said dead body should be dissected, contrary to the duty and office of him the said R. W., to the great scandal and disgrace of religion, in contempt of the laws and customs of this realm, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their Third Count [*38] purpose of for taking oath aforesaid do further present, that the said R. W. and away for the T. Y. being evil minded persons, and having no regard for religion, or the laws and customs of this realm, afterwards, to wit, on, &c. with force and arms at, &c. in, &c. a certain dead body, to wit, the dead body of M. J. then lately deceased, then and there being in the said workhouse for the poor of the said parish there situate, unlawfully and wickedly did take and carry away, and caused and procured to be taken and carried away with an unlawful and wicked intention, to prevent the interment and burial of the said dead body of the said M. J. which should and ought to have been done and performed according to the rites and ceremonies of the church of that part of this realm called England: and also with an unlawful and wicked intention, that the said dead body of the said M. J. should be dissected, to the great scandal and disgrace of religion, in contempt of the laws and customs of this realm, to the evil and pernicious example, &c. &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid do further present, that the said R. W. and T. Y. being preventing evil minded persons, and having no regard for religion, or the laws and customs of this realm, afterwards, to wit, on, &c. aforesaid, with force and arms at, &c. in, &c. a certain dead body, to wit, the body of M. J. then and there being in the said workhouse of the poor of the said parish there situate, unlawfully and wickedly did take and carry away, and caused and procured to be taken and carried away with an unlawful and wicked intention, to prevent the interment and burial of the said dead body of the said M. J., which ought to have been done and performed according to the rites and ceremonies of the church of that part of this realm called England, to the great scandal and disgrace of religion, in contempt of the laws and customs of this realm, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. Fourth interment, &c. &c. For keeping That C. D. late of, &c. on, &c. and on divers other days and times between that day and the day of taking this inquisition, with force and arms at, &c. aforesaid, a certain com (c) This is the common printed form used in Middlesex, see other forms in Cro. C. C. 8 Ed. 302. Burn J. Lewdness. 2 Burr. 1233. held good, West, 237. 323. 325, 326. 338. 355. It is not necessary to state particulars as the names of those who frequented the house, 2 Burr. 1232. 1 T. R. 752. 754. But evidence of particular instances of illicit intercourse may be given under the general charge, 2 Atk. 339. it is not however necessary to prove who frequents the house, for that may be im possible, and if any unknown persons are proved to be there, behav ing disorderly, it is sufficient to support the indictment, 1 T. R. 754. Any number of persons may be included in the same indictment for keeping different disorderly houses, stating that they "severally" kept, &c. 2 Hale, 173, 4. 8 East, 47. As to this offence in general, Bac. Ab. Nuisances, A. Hawk. b. 1. c. 74. Burn J. tit. Lewdness. Williams J. Bawdy-houses. Dick. J. Lewdness. 4 Bla. Com. 64, 65. n. 12. 25 Geo. mon bawdy house, (d) unlawfully* and wickedly did keep and [*40] maintain; and in the said house, for filthy lucre and gain, divers evil-disposed persons, as well men as women, and whores, on the days and times aforesaid, as well in the night as in the day, there unlawfully and wickedly did receive and entertain, and in which said house, the said evil-disposed persons and whores, by the consent and procurement of the said C. D. on the days and times aforesaid, there did commit whoredom and fornication, whereby divers unlawful assemblies, riots, routs, affrays, disturbances, and violations of the peace of our said lord the king, and dreadful filthy and lewd offences in the same house, on the days and times aforesaid, as well in the night as in the day, were there committed and perpetrated, to the great damage and common nuisance of all the liege subjects of our said lord the king, in manifest destruction, ruination, and subversion of youth, and other people in their manners, conversation, estate, and obedience, and against the peace &c. And the jurors aforesaid, upon their oath aforesaid, do fur- Second ther present, that the said C. D. on, &c. aforesaid, and on the Count for other days and times aforesaid, with force and arms at, &c. disorderly keeping a II. c. 36. s. 5. s. 9. Keeping a house of ill fame and encouraging suspicious or disorderly persons to resort thither is an offence punishable at common law with fine and imprisonment or other infamous punishment in the discretion of the court, usually imprisonment in case of a married woman, and the offenders may be prosecuted by information or indictment. Hawk. b. 1. c. 74. R. T. Hardw. 278. The statute of 25 Geo. II. c. 36. provides that unlicensed places of public entertainment shall be considered as disorderly places, and punished as the law directs, and for the encouragement of prosecutions against the keepers of houses of ill-fame, enacts that any two inhabitants of a parish paying scot and bearing lot, on entering into a recognizance to give evidence, may compel constables to prosecute, and who on their pursuing the offenders to conviction, shall have all reasonable expences paid, and the said inhabitants receive ten pounds each as a reward from the overseers of the poor. And on the constables entering into a recognizance to prosecute, the persons accused may be bound over to appear at the quarter sessions or assizes. A constable neglecting his duty forfeits twenty pounds. Any person managing a house of ill-fame shall be taken to be the keeper thereof. Evidence on trial may be In 2 Lord Raymond, 1197. and 1 (d) Semble, it is necessary to state the local situation, and therefore it may be prudent here to say "situate," &c. 1 T. R. 754. house. The like for keeping a disorderly house. (e) aforesaid, a certain common, ill-governed, and disorderly house, unlawfully and wickedly did keep and maintain, and in the said house, for filthy lucre and gain, certain evil-disposed persons, as well men as women, of evil name, fame, and conversation, to frequent and come together on the days and times aforesaid, there unlawfully and wickedly did cause and procure, and the said persons in the said house at unlawful times, as well in the night as in the day, on the days and times aforesaid, there to be and remain drinking, tippling, cursing, swearing, quarrelling, and otherwise misbehaving themselves, unlawfully and wickedly did permit and suffer, &c. [Conclusion as in first count.] [Commencement of indictment as ante 2.] That A. H. late of, &c. on, &c. and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms at, &c. did keep and maintain, and yet doth keep and maintain a certain common, ill-governed, and disorderly house, and in the said house, for his own lucre and gain, certain persons as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together, then, and on the said other days and times, there unlawfully and wilfully did cause and procure, and the said men and women in the said house, at unlawful times, as well in the night as in the day, then, and on the said other days and [*41] times there to be and remain, drinking, tippling, whoring, and misbehaving themselves unlawfully, and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the liege subjects of our said lord the king, there inhabiting, residing, and passing, to the evil example, &c. and also against the peace, &c. and habita tions. (f) For bathing [Commencement of indictment as ante 2.] That John Crunpublicly near den, the younger, late of Brighton in the county of Sussex, public ways tailor, being a person of a wicked, depraved, and abandoned mind and disposition, and wholly lost to a due sense of decency and morality, and intending as much as in him lay to vitiate and corrupt the morals of his Majesty's liege subjects on, &c. with force and arms at, &c. aforesaid, unlawfully, wickedly, deliberately, and wilfully, did expose and exhibit himself naked, and in an indecent posture and situation near to, and in front of divers houses of the liege subjects of our said lord the king, situate at, &c. aforesaid, and also near to a certain, public, and common, king's highway, there and also in the presence of divers liege subjects of our said lord the king, both male and female, with intent to vitiate and corrupt the morals of his Majesty's liege subjects, to the great scandal (e) See form, Cro. C. C. 8 Ed. 302. and Burn J. Lewdness, 2 Burr. 1233. and notes to the last prece. dent. (f) See the case, 2 Campb. 89. 1 Sid. 168. 1 Keb. 620. 1 Sess. C. 231. 2 Stra. 790. and subversion of decency, religion, and good order, to the [*42] That James Bennett, late of, &c. being a person of most For indewicked, lewd, lascivious, depraved, and abandoned mind and cently exdisposition, and wholly lost to all sense of decency, morality, vate parts to posing priand religion, and intending as much as in him lay, to vitiate public view. and corrupt the morals of his Majesty's liege subjects, and to (5) stir up and excite in their minds filthy, lewd, and unchaste desires and inclinations* on, &c. with force and arms at, &c. unlawfully, wickedly, deliberately, and wilfully, did expose and exhibit his private parts, in a most indecent posture, situation, and practice, to divers of the liege subjects both male and female of our said lord the king, with intent to vitiate and corrupt the morals of his Majesty's liege subjects, and to stir up and excite in their minds, filthy, lewd, and unchaste desires and inclinations, to the great scandal and subversion of religion and good order, to the great corruption of the morals and manners of his Majesty's liege subjects, to the evil example of, &c. and against the peace, &c. And the jurors aforesaid, upon their Second oath aforesaid, do further present, that the said James Ben- Count. nett, being a person of such wicked, depraved, and abandoned mind, and disposition as aforesaid, and intending as aforesaid, afterwards, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, unlawfully, wickedly, deliberately, and wilfully did expose and exhibit himself naked, to divers of his said majesty's liege subjects, both male and female, &c. [Conclusion as in first count.] scene libel That Edward Rich, late of, &c. bookseller, being a person Against a of a wicked and depraved mind and disposition, and most man for pub lishing obunlawfully, wickedly, and impiously devising, contriving, and intending to vitiate and corrupt the morals of all the subjects and prints. of our said present sovereign lord the king, and to debauch, (4) poison, and infect the minds of all the youth of this kingdom, and to bring them into a state of wickedness, lewdness, de (g) The defendant was convicted. (A) The defendant was convicted and imprisoned, |