stranded. Second count stating the ship to have been in distress within his First count of Great Britain called England, (where the king's writ runneth) stating the ship to have been to the county of Glamorgan in Wales, to wit, (x)] that on, &c. a certain ship called the Catherine, the property of a person or persons to the jurors aforesaid as yet unknown, was stranded in his majesty's dominions, to wit, at, &c. and that W. H. late of, &c. then and there, to wit, on the same day and year aforesaid, with force and arms, at, &c. aforesaid, wilfully and feloniously did plunder, steal, take away and destroy twenty pounds weight of cotton of the value of twenty shillings, then and there being certain goods and merchandizes the property of a person or persons to the jurors aforesaid as yet unknown, from and belonging to the said ship called the Catherine, so then and there being stranded as aforesaid, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said W. H. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, twenty pounds majesty's do- weight of cotton of the value of twenty shillings, then and there being certain goods and merchandizes, the property of a person or persons to the jurors aforesaid as yet unknown, from and belonging to a certain ship or vessel called the Catherine, belonging to a person or persons to the jurors aforesaid as yet unknown, then and there being in distress within his majesty's dominions, to wit, at, &c. aforesaid, then and there feloniously did plunder, steal, take away and destroy, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that afterwards, to wit, on the said, &c. a certain ship called the Catherine, the property of a person or persons to the jurors aforesaid as yet unknown, was wrecked in his majesty's dominions, to wit, at, &c. aforesaid, and that the said W. H. then and there, to wit, on the same day and year aforesaid, with force and arms, at, &c. aforesaid, feloniously did plunder, steal, take away and destroy twenty pounds. weight of cotton of the value of twenty shillings, of the goods and merchandizes of a person or persons to the jurors aforesaid as yet minions. Third count stating it to be wrecked, &c. s. 1. it is made capital to plunder, goods are of small value, and stolen without cruelty, outrage, or violence, the offender may be prosecuted as for petit larceny, see ante. (x) The venue may be laid in the adjoining county when the offence is committed in England: when, as in this case in Wales, it must be the next English county, 26 Geo. II. c. 19. s. 8. As to what is deemed the next county of England, see 1 vol. 185. stranded and &c. unknown, from and belonging to the said ship called the Catherine, so then and there being wrecked as aforesaid, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. Fourth count do further present, that afterwards, to wit, on the said, &c. a cer- stating it to be tain ship called the Catherine, the property of a person or persons cast on shore, to the jurors aforesaid as yet unknown, was stranded and cast on shore in his majesty's dominions, to wit, at, &c. aforesaid, and that the said W. H. then and there, to wit, on the same day and year aforesaid, with force and arms, at, &c. aforesaid, feloniously did plunder, steal, take away and destroy twenty pounds weight of cotton of the value of twenty shillings, of the goods and merchandizes of a person or persons to the jurors aforesaid as yet unknown, from and belonging to the said ship called the Catherine, so then and there being stranded and cast on shore as aforesaid, against the form of the statute, &c. and against the peace, &c. That A. B. late of, &c. on, &c. with force and arms, at, &c. For felony, on aforesaid, twenty pounds weight of indigo, of the value of fifty 24 Geo. II. e. 45. for stealing shillings, of the goods, wares, and merchandize, (or "goods and to the value of chattels,") of C. D. and E. F. then and there being in a certain forty shillings ship called the Nymph, upon the navigable river of Thames, and then and there found, feloniously did steal, take and carry away, against the peace, &c. (y) See similar precedents Cro. C. C. 444. Starkie, 452. See the statute recited ante 940. money is holden not to be included in its language, 1 Leach, 52, 3. 2 East, P. C. 647. The statute is confined to such goods as are usually lodged in ships or on wharfs or quays id. ibid. Fost. 79. An aver ment that the offence was com mitted on the navigable river in a ship, &c. on a navigable river. (y) 1138 CHAPTER XVIII. CONSPIRACY. (~) Offence. PRELIMINARY NOTES. Offence. The definition of conspiracy in the old books is much too narrow for the construction of this offence in modern times. Lord Coke describes it as "a consultation and agreement between two or more, to appeal or indict an innocent person falsely and maliciously, whom accordingly they cause to be indicted or appealed; and afterward the party is lawfully acquitted by the verdict of twelve men," 3 Inst. 143. Hawkins, indeed, disputes this last clause, and maintains that a writ of conspiracy might be supported, though there was no acquittal by verdict, Hawk. b. 1. c. 72. s. 2. But Blackstone confines the offence to malicious accusation, and enters into the discussion of no other species of confederacy, 4 Bla. Com. 136. In Jacob's Dictionary also the law is considered with reference only to this particular object, Jac. Dic. Conspiracy. At the present day, however, the meaning of the offence is certainly far more extensive; and although a plan to indict an innocent person is one of the worst kinds of conspiracy, the offence is manifestly by no means confined to this alone. We will briefly consider it, first as to the object which may render a combination criminal, and secondly the means by which it must be attempted. There can now be no doubt that a combination to prosecute a party known to be guiltless, is indictable, at whatever stage the scheme is rendered abortive. This seems to be implied in the old statute, 33 Edw. I. st. 2. passed to define who shall be conspirators, which declares that "conspirators be they that do confederate or bind themselves by oath, covenant, or other alliance, that every of them shall aid and bear the other falsely and maliciously to indict or (z) Sce in general, 3 Inst. 143. offence are placed last in order, because it is not itself a specific crime belonging to any individual class, but rather appertains to every description of offence to which it leads. cause to indict, or falsely to move or maintain pleas; and also such as cause children within age to appeal men of felony, whereby they are imprisoned and sore grieved; and such as retain men in the country with liveries or fees to maintain their malicious enterprizes; and this extendeth as well to the takers as to the givers; and stewards and bailiffs of great lords, which by their seignory, office, or power, undertake to bear or maintain quarrels, pleas, or debates, that concern other parties than such as touch the estate of their lords or themselves." And even though no indictment has been preferred, or information laid before a magistrate, and the only object proved is to destroy the reputation of an individual, an indictment for conspiracy may be supported, 1 Bla. Rep. $92. Even if the offence imputed by the conspirators to the person against whom their malice is directed, is cognizable only in the ecclesiastical courts, as being the father of a bastard child or lewdness in general, they will be equally liable to be indicted, Salk. 174. It has also been holden that a conspiracy to marry under feigned names for the purpose of setting up a fictitious claim to an estate, is criminal, though no one is, in reality, injured, 1 Leach, 39. In a word, all confederacies wrongfully to prejudice another, are misdemeanours at common law, whether the intention is to injure his property, his person, or his character, Hawk. b. J. c. 72. s. 2. 1. But the object of conspiracy is not confined to an immediate wrong to particular individuals; it may be to injure public trade, to affect public health, to violate public police, to insult public justice, or to do any act in itself illegal. Thus a combination of journeymen to raise their wages, of wine merchants to vend pernicious liquor, of parish officers to marry paupers, and of any persons to procure the release of a prisoner by fictitious bail, is indictable as a conspiracy, 8 Mod. 11. 2 Ld. Raym. 1179. 6 East, 133. 4 Burr. 2106. It has, however, been holden, that no indictment will lie for conspiring to commit a civil trespass on a preserve to take game, though effected in the night and with destructive weapons, 13 East, 228. There are, perhaps, few things left so doubtful in the criminal law, as the point at which a combination of several persons in a common object becomes illegal. Certain it is that there are many cases in which the act itself would not be cognizable by law if done by a single person, which becomes the subject of indictment when effected by several with a joint design, 6 T. R. 636. Thus, in the case of workmen refusing to proceed unless they receive an advance of wages; it is clear that any one of them might singly act on this determination, but it is criminal when it follows from a plan preconcerted among many, 6 T. R. 636. Each person attending a public theatre has a right to ex press his disapprobation of the piece acted, or a performer on the stage, but if several previously agree to condemn a play or hiss an actor, they will be guilty of conspiring, 2 Campb. 358. (a) An agreement between private individuals to support each other in all undertakings lawful or otherwise, is illegal, 9 Co. 56. A com bination between officers in the service of the East India company to resign is holden unlawful, and such resignation is no determination of the service, 4 Burr. 2472. There are other cases in which, though the act may be morally criminal, it is not illegal except on the ground of conspiracy; thus the verbal slander of a private individual is not indictable, but it is so where several unite in a scheme to blast his character, 1 Lev. 62. 1 Ventr. 304. In a recent case it was holden, that a combination to raise the price of the funds on a particular day by false rumours, was an indictable offence, 3 M. & S. 67. In every case that can be adduced of conspiracy, the offence de pends on the unlawful agreement, and not on the act which follows it; the latter is but evidence of the former, 2 Burr. 993. 3 Burr. 1321. This is deducible from all the cases on the question, but what kind of agreement is illegal, seems yet not precisely settled. The decisions do not appear quite in unison even with the points they profess to settle. To combine in raising wages, in resigning commissions, or in expressing disapprobation at a theatre, appear scarcely so detrimental to public tranquillity as a malicious and nocturnal trespass; and yet the former have been holden to be in dictable, and the latter a mere civil injury, 13 East, 228. It was observed, in the King v. Turner and others, 13 East, 251. that "all the cases in conspiracy proceed on the ground that the object of combination is to be effected by some falsity;" but this appears to be true only respecting the old cases on the writ of conspiracy, where the only idea of the offence was the malicious prosecution of another. It can scarcely apply to instances of public outrage, or of open disapprobation at a theatre. Neither have the decisions confined the offence to cases affecting the public, as has been shewn already. It might be inferred from the decisions, that to constitute a conspiracy it is not necessary that the act intended should be in itself illegal or even immoral; that it should affect the public at large; or that it should be accomplished by false pretences; and though it is agreed that the gist of the of fence is the union of persons, it is impossible to conceive a combination, as such, to be illegal. We can rest, therefore, only on the individual cases, decided, which depend, in general, on parti (a) And Macklin's case, K. B. dent ante 495. MSS. S. P. and see the prece |