away the goods and chattels therein being, by then and there endeavouring to force and break open the outer door of the said dwelling house, with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling house with a pick-lock key, to the great damage of the said G. A. P. and against the peace, &c. And the jurors, &c. do further present Third count that the said E. E. J. C. and T. W. being such persons as afore- to attempt to for conspiracy said, on the same day, and in the year aforesaid, with force and break house in day time. arms, at, &c. aforesaid, unlawfully and wickedly did conspire, combine, confederate and agree together, and with the said other persons whose names are unknown as aforesaid, to attempt, and endeavour as much as in them lay, to break and enter the said dwelling house of the said G. A. P. there situate, with intent the goods and chattels therein being, feloniously to steal, take and carry away, and that the said E. E. J. C. and T. W. 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, about the hour of three in the afternoon, with force and arms, at, &c. aforesaid, the dwelling house of the said G. A. P. there situate, unlawfully did attempt to break and enter, with intent the goods and chattels therein being, feloniously to steal, take and carry away, by then and there endeavouring to force and break open the outer door of the said dwelling house, with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling house with a pick lock key, to the great damage of the said G. A. P. to the evil example, &c. in contempt, &c. and against the peace, &c." And the jurors, &c. do further present, that the said E. E., J. C. and for attempt to T. W. being such persons as aforesaid, on the same day and year aforesaid, about the hour of three in the afternoon of the same day, with force and arms, at, &c. aforesaid, the dwelling house of the said G. A. P. there situate, unlawfully, and wickedly did attempt to break and enter, with intent feloniously to steal, take and carry away the goods and chattels therein being, by then and there endeavouring to force and break open the outer door of the said dwelling house with a certain iron crow, and also by then and there endeavouring to open the outer door of the said dwelling house with a pick-lock key, to the great damage of the said G. A. P., and against the peace, &c.

Fourth count

do the like.

That A. B. late of, &c. [and other defendants.] together with For a conspidivers other evil disposed persons, to the jurors aforesaid, as yet down a wall, racy to pull

&c. and pulling down the

(j) From the Ms. of a gentle- East, 231. As to forcible entries, same. (J) man at the bar, quære see 13 see ante 1120 to 1123.

unknown, beretofore, to wit, on, &c. with force and arms, at,
&c. aforesaid, did unlawfully conspire, combine, confederate, and
agree together, unlawfully, riotously, and routously, to break down,
pull down, prostrate, demolish, and destroy a certain wall, and
certain other erections, buildings, posts, pales, rails, and fences of
one C. D. there then erected, standing, and being near a certain
dwelling house and premises of the said C. D. there situate. And
the jurors, &c. do further present, that in pursuance of the said
conspiracy, combination, confederacy, and agreement so as afore-
said had, they the said A. B. &c. afterwards, to wit, on, &c. afore-
said, at, &c. aforesaid, with force and arms, did unlawfully, riot-
ously, and routously assemble and meet together, near to the said
dwelling house and premises of the said C. D., and near to the
dwelling houses and premises of divers other liege subjects of our
said lord the king, there, and being so assembled and met together,
then and there unlawfully, riotously, and routously did make a
great noise, riot, disturbance, and affray, and staid and continued
there making such noise, riot, disturbance and affray, for a long
time, to wit, &c. for the space of five hours, and thereby for and
during all that time, there greatly disturbed, disquieted, terrified and
alarmed the said C. D. and his wife and family in the peaceable
possession and enjoyment of his said dwelling house and premises,
and also greatly disturbed, disquieted, terrified, and alarmed the
said other liege subjects of our said lord the king, inhabiting and
residing in the said dwelling house and premises, and then and there
unlawfully, riotously, and routously, did break down, pull down, pros-
trate, demolish, and destroy great part of the said wall, &c. &c.
to wit, twenty perches of the said wall, then and there standing
and being, and the materials thereof, to wit, five hundred bricks,
&c. &c. of a large value, to wit, &c. unlawfully, riotously, routously,
and wantonly, did cast and scatter into and about the king's common
and public highway there, to the great damage and terror of the said
&c. and of his majesty's other liege subjects, in contempt, &c.

Second count, to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said A. B., &c. together with divers other evil disposed persons, to the jurors aforesaid as yet unknown, heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully conspire, combine, confederate and agree together, unlawfully to break down, demolish, prostrate and destroy, certain other erections, buildings, posts, pales, rails, and fences, there, then standing and being the property of and belonging to his said majesty's subjects, there, then inhabiting and residing, in contempt, &c. to the evil, &c. and against Third count. the peace, &c. And the jurors, &c. do further present, that the

said A. B., &c. together with divers other evil disposed persons, to the jurors aforesaid as yet unknown, being respectively rioters, routers, and disturbers of the peace of our said lord the king, heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully, riotously, and routously assemble and meet together, to disturb the peace our said lord the king, rear to the dwelling houses of divers other liege subjects of our said lord the king, and being so assembled and net together there, then and there, unlawfully, riotously, and routously did make a great noise, disturbance and affray, and staid and continued there making such riot, noise, disturbance and affray for a long space of time, to wit, &c. and thereby for and during all that time, there greatly disturbed, disquieted, terrified, and alarmed the said last mentioned subjects, in the peaceable possession, use, occupation, and enjoyment of their said dwelling houses, and then and there unlawfully, riotously, and routously did break down, pull down, prostrate, demolish, and destroy great part, to wit, twenty perches of a certain other wall, and certain other erections, buildings, posts, pales, rails, and fences, to wit, twenty other erections, &c. of the said C. D. there then standing and being, and the materials thereof, containing divers, to wit, five hundred other bricks, &c. of the said C. D. of a large value, to wit, &c. unlawfully, riotously, routously, and wantonly, did cast and scatter into and about the said common and public highway there, to the great damage and terror of the said C. D. and his majesty's other liege subjects, in contempt, &c. to the evil, &c. and against the peace, &c.[ Fourth count for a riot, omitting the conspiring.]

INDEX.

ABDUCTION OF WOMEN.

1. Points of Law.

as to offence, 817

persons taking away women having property against will guilty
of felony, without clergy, 817, 8

to constitute offence will suffice if taking or marriage be against
will, 818

if forcible abduction be in one county and marriage in another
when defendant cannot be indicted in either, 818

how far accessaries are within the statute, 818

Indictment

must state that woman had lands or goods, or that she was heir
apparent, as well as that she was actually married or de-
filed, 818

the place and manner of taking must be stated, 818

must be alleged that it was for lucre, 818

not essential to show intention to marry or defile, 818, 9

Evidence

party injure if marriage was by compulsion will be competent.
witness, 819

Offence of taking away female infants,

persons above 14 years of age taking away a woman under 16
years from possession of parents or guardian to be impri-
soned two years, &c. 819

if parent has once assented to marriage he cannot retract, 819
an illegitimate child is within statute, 819

indictment may be supported on general prohibitory clause of
statute, 820