Page images
PDF
EPUB

seduced by the instigation of the devil, on &c. with force and arms at, &c. (q) in and upon one T. L. a youth (r) about the age of seventeen years then and there being, feloniously (s) did make an assault, and then and there feloniously, wickedly, diabolically, and against the order of nature had a venereal affair with the said T. L., and then and there carnally knew the said T. L., and then and there feloniously, wickedly, and diabolically, and against the order of nature, with the said T. L. did commit and perpetrate that detestable and abominable (^) crime of buggery (u) (not to be named among Christians), to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute, &c. and against the peace, &c.

on 25 Hen.

That R. Wiseman, late of, &c. not having the fear of God be- For sodomy in fore his eyes, nor regarding the order of nature, but being moved ano of a girl, and seduced by diabolical instigation on, &c. with force and arms VIII. c. 6. (x) at, &c. in a certain room in the work-house then situate in the parish aforesaid, in and upon one J. M. Spinster, then a virgin of eleven years, in the peace of God and our said lord the king then and there being, did violently and feloniously make an assault, and then and there the said J. M. in the room aforesaid, did wickedly, diabolically, feloniously, and against the order of nature, carnally know and a venereal affair in the fundament of the said J. M. then and there had, and her the said J. M. then and there wickedly, diabolically, feloniously, and against the order of nature, in the said fundament of her the said J. M. then and there did carnally know, and that sodomitical, detestable, and abominable sin called buggery (not to be named among christians) then and there with the said J. M. wickedly, diabolically, feloniously and against the order of nature committed and perpetrated, to the great displeasure of Almighty God and disgrace of all human-kind, against the peace, &c. and also against the form, &c.

That D. P. late of, &c. not having the fear of God before his Indictment for eyes nor regarding the order of nature, but being moved and seen. VIII. bestiality, on duced by the instigation of the Devil on, &c. with force and arms c. 6. (y)

b. 1. c. 4. 1 Hale, 669, 670. nandum," meaning " inhuman," but Com. Dig. Justices S. 4.

(9) la Co. Ent. 351. b. it is stated to have been committed " to, wit in the dwelling house of one -, there."

(r) In Co. Ent. 351. b. "male child."

(4) In Co, Ent. 351. b. the word feloniously is here omitted..

now usually called abominable.

(u) In Co. Ent. 351. "called
buggery.". This word is material,
Fost. 424. 3 Inst. 59. 1 East.
P. C. 480..

(r) See this form Cro. C. C. 7th
Ed. 230. An indictment lies for
this offence on this statute Fortes.
R. 91. see notes to last precedent.
(y) See forms Cro, C. A. 17.
VOL. II,
D

(t) In Co. Ent. 351," ab homiCrim. Law.

25

For an assault on a boy with an intent to commit sodomy. (4)

For soliciting a person to permit defendant to commit buggery with him. (e)

at, &c. in a certain cowhouse there, with a certain black cow then and there being, feloniously, wickedly, diabolically, and against the order of nature had a certain venereal and carnal intercourse, and then and there feloniously, wickedly, diabolically, and against the order of nature carnally knew the said cow, and then and there feloniously, wickedly, and diabolically, and against the order of nature with the said cow, (z) did commit and perpetrate that detestable and abominable crime of buggery, (not to be named among Christians) to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute, &c. and against the peace, &c.

That A. B. late of, &c. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on, &c. with force and arms at, &c. aforesaid, in and upon one J. H. (b) in the peace of God and our said lord the king then and there being, did make an assault (c) with an intent, that most horrid, detestable, and sodomitical crime, (among Christians not to be named) called buggery, with the said J. H. against the order of nature, then and there feloniously, wickedly, and devilishly to commit and do, to the great displeasure of Almighty God, to the great damage of the said J. H., and against the peace of our said lord the king, his crown, and dignity. [4 count for a common assault may be added.] (d)

That the said C. D. being a person of a most wicked, lewd, and abandoned mind and disposition, and wholly lost to all sense of decency, morality, and religion, and devising and intending as much as in him lay, to vitiate and corrupt the morals of the said A. B., and to stir up and excite in his mind filthy, lewd, and unchaste desires and inclinations on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, did wickedly and unlawfully solicit

Cro. C. C. 8th ed. 86. and the
notes to precedent, ante. 48, 9.

(2) In Cro. C. A. 17. the words
"with the said cow," are omitted.

(a) See forms Cro. C. C. 7 Ed.
167. 8 Ed. 61. if it be appre-
hended that the two acts to com-
plete the capital offence cannot be
proved (see 1 East. P. C. 437, 8,
9. 480) it may then be advisable
to indict for the assault as above,
and a count may be added like
the next precedent.

(b) The precedents in Cro. C. C.
7 Ed. 167. and Starkie 387. here
66
say an infant of the age of 10

years," but this is unnecessary, and see Cro. C. C. 8 Ed. 61.

(c) The precedents in Cro. C. C. 7 Ed. 167. Starkie, 387. here state "and him the said J. H. then and there did beat wound and illtreat, so that his life was greatly despaired of," but these words are not in Cro. C. C. 8 Ed. 61, and scem better omitted when they do not accord with the facts.

(d) Note to Cro. C. C. 7 Ed. 167. (e) Framed on principle of case in 2 East. 5. two other counts were added for exposing private parts

ante 41.

and incite, and endeavour to persuade the said A. B. to permit and suffer him the said C. D. then and there feloniously and wickedly to commit and do that detestable and abominable crime (among Christians not to be named) called buggery, with the said A. B. against the order of nature, to the great displeasure of Almighty God, to the great damage of the said A. B. and against the peace, &c.

CHAPTER IV.

INDICTMENTS, &c. FOR OFFENCES AGAINST
LAW OF NATIONS.

then chief con

between this

country and

France. (a)

For a libel in [COMMENCEMENT of information as ante, 6, and then proceed as French on the follows:] that before, and at the times of the printing and publicasul of France tion of the scandalous, malicious, and defamatory libels and libellous Bonaparte, matters and things hereinafter next mentioned, there subsisted, and tending to create discord now subsists friendship and peace between our sovereign lord the king and the French republic, and the subjects of our said lord the king and the citizens of the said republic, and that before and at those times citizen Napoleon Bonaparte was and is yet first consul of the said French republic, and as such the chief magistrate of the same, to wit, at the parish of Saint Anne, within the liberty of Westminster, in the county of Middlesex; and the said attorney general of our said lord the king further giveth the court here to understand and be informed that Jean Peltier, late of Westminster, in the county of Middlesex, gentleman, well knowing the premises aforesaid, but being a malicious and ill disposed person, and unlawfully and maliciously devising and intending to traduce, defame, and vilify the said Napoleon Bonaparte, and to bring him into great hatred and contempt, as well among the liege subjects of our said lord the king as among the citizens of the said republic, and to excite and provoke the citizens of the said republic, by force

(a) Information against Peltier, filed Mich. T. 43 Geo, III. The libel must be set forth in the foreign language, and then trans

lated 6 T. R. 162. but as to the translation, see 1 Saund. 242. a. note 2.

and arms, to deprive the said Napoleon Bonaparte of his consular
office and magistracy in the said republic, and to kill and destroy
the said N. B.; and also unlawfully and maliciously devising as
much as in him the said Jean Peltier lay, to interrupt, disturb, and
destroy the friendship and peace subsisting between our said lord
the king and his subjects and the said N. B., the French republic,
and the citizens of the same republic, and to excite animosity,
jealousy, and hatred in the said N. B. against our said lord the
king and his subjects on, &c. at, &c. unlawfully and maliciously
did print and publish, and cause and procure to be printed and pub-
lished a most scandalous and malicious libel, containing therein
among other things divers scandalous and malicious matters in the
French language, of and concerning the said N. B. (that is to say)
in one part thereof to the tenor following, to wit, Quelle tempêtes,
&c.; [here state a part of the libellous matter in French] and in
another part (b) thereof to the tenor following, i. e. Deja dans sa
rage, &c.; [here another part of the libellous matter in French
was stated] which said scandalous and malicious words in the
French language first above mentioned and set forth, being trans-
lated into the English language, were and are of the same significa-
tion and meaning as these English words following, viz. What
frightful tempests growl, &c.; [here set forth the translation] and
which said scandalous and malicious words in the French language
last above mentioned and set forth, being translated into the English
language, were and are of the same signification and meaning as
these English words following, that is to say, Already in his insolent
rage the despot, (meaning the said Bonaparte) desires, &c. [here set
forth the translation of the second libellous part] to the great
scandal, disgrace, and danger of the said N. B., to the great danger
of creating discord between our said lord the king and his subjects
and the said N. B., the French republic, and the citizens of the
said republic, in contempt of our said lord the king and his laws,
to the evil example, &c. and against the peace, &c.
attorney general of our said lord the king for our said

And the said Second count, lord the king, further giveth the court here to understand and be informed that the said Jean Peltier so being such person as aforesaid, and unlawfully and maliciously devising and intending as aforesaid, afterwards to wit, on, &c. at, &c. aforesaid, unlawfully and maliciously did print and publish, and cause and procure to be printed and published a certain other scandalous and malicious libel, containing

(b) When different parts of a libel not following each other are set out in one count, each distinct

part should be thus described, 1
Campb. 352.

« PreviousContinue »