for a common time of divine 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 cominon 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 Eighth count example, &c. and against the peace, &c. And the said coroner riot. See post and attorney for our said lord the king who prosecutes as aforeas to indict said, further gives the court here to understand and be informed that the said [defendants] on, &c. aforesaid, 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 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. ments for riots. CHAPTER III. INDICTMENTS, &c. FOR OFFENCES AGAINST (a) MIDDLESEX. The jurors for our lord the king upon their For digging up and carrying oath present, that C. D. late of, &c. on, &c. with force and arms, away a dead &c. at, &c. aforesaid, the church-yard of and belonging to the body out of a church yard. parish church of the same parish there situate, unlawfully, voluntarily, and wilfully did break and enter, and the grave there, in which one A. B. deceased had lately before then been interred and then was, with force and arms unlawfully, 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. (a) See form Cro. C. C. & 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 conspiracy to prevent a Against the master of a workhouse and prevent the Middlesex, (to wit.) The jurors for our lord the king upon their oath present, that R. W. late of, &c. in, &c. labourer, and a surgeon for a Thomas Young, late of, &c. surgeon, being evil disposed persons, conspiracy to and having no regard for the religion, laws, and customs of this body of a poor realm, but unlawfully and wickedly devising, contriving, and inperson who had died in the tending not only to prevent the interment and burial of a certain workhouse dead body, to wit, the body of M. J. spinster then lately deceased, from being buried that it but also to cause and procure the said body of the said M. J. to might be dis- be dissected on, &c. with force and arms at, &c. unlawfully and sected. (b) wickedly did conspire, combine, confederate, and agree together, to cause and procure the said dead body of the said M. J. to be taken and carried away from the workhouse for the poor of the said 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, &e. 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 work-house 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 the aforesaid Law School Libary The University Chicago 18 Illinois Sce form 4 Wentw. 219. the case alluded to in 2 T. R. 734. Willes, 538. and the note to the last precedent. 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, 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 aforesaid, upon their oath aforesaid do further Second count stating that present, that the said R. W. on, &c. was in due manner appointed, but of defenaccording to the directions of a certain act of parliament in that dants was appointed masbehalf, to superintend, manage, and take care of the poor that then ter, &c. by act were or should thereafter be in the workhouse for the of parliament of the poor and that it was said parish of, &c. in, &c. and that on, &c. and long before that his duty, &c. time, one M. J. a poor impotent person unable to maintain and provide for herself, was kept and maintained in the 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 work house 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 section. said work-house, 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 Third count dignity. And the jurors aforesaid, upon their oath aforesaid do for taking afurther present, that the said R. W. and T. Y. being evil minded way for the purpose of dis- 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 Fourth count example, &c. &c. and against the peace, &c. And the jurors aforefor preventing said, upon their oath aforesaid do further present, that the said R. W. and 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. 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 J. M., 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. interment, &c. &c. For keeping a bawdy house or other disor That C. D. late of, &c. on, &c. and on divers other days and |