242. Indictment for a riot and assault in a dissenting meeting house.

(Commencement as in pr. 33. to the *.) To disturb the peace of our said lord the king, and being so assembled together, did then and there unlawfully, riotously, routously, and tumultuously, disturb several of the liege subjects of our said lord the king, peaceably assembled and met together for the purpose of hearing divine ser vice, in a certain dissenting meeting-house there situate, by riotously and routously shouting, hallooing, and making a great noise, whereby the said divine service was greatly interrupted; and that the said M. S. oue J. L. who was then and there attending the said divine service, in the said meeting-house, and in the peace of God and our said lord the king then and there being, unlawfully and riotously, did beat, wound, and ill-treat, so that his life was greatly despaired of, to the great disturbance of, and terror of, divers of his majesty's subjects, to the great damage of the said I. L. and against the peace, &c. Second count, for a common assault.

243. Indictment upon the stat. exempting protestant dissenters from the church of England from the penalties of certain laws (c).

The jurors of our lord the king, upon their oath, present that A. B. late of, &c. C. D. late of, &c. and E. F. late of, &c. being disorderly and ill-disposed persons, on, &c. the same being the Lord's day, commonly called Sunday, with force and arms, unlawfully, willingly, and of purpose, maliciously and contemptuously came into a congregation of protestant dissenters, being subjects of our said lord the present king, then lawfully assembled and met for religious worship, in the dwelling-house of I. M. in the said parish of B. aforesaid, the same congregation then and there being a congregation for religious worship, permitted and allowed by a certain act of parliament, made and passed in the first year of the reign of their said late majesties King William and Queen Mary, entitled, "An Act for exempting their Majesties' Pro

(c) 1 W. & M. c. 18. s. 18.

testant Subjects dissenting from the Church of England, from the Penalties of certain Laws;" and the said place of the said meeting of the said congregation, then and there being duly certified and registered according to the said act, and did then and there unlawfully, wilfully, and of purpose, maliciously and contemptuously disquiet and disturb the same congregation then and there assembled and met as aforesaid, against the form of the statute, &c. and against the peace, &c.

(Second count.) That the said A. B., C. D., and E. F., being such disorderly and ill-disposed persons as aforesaid, on, &c. the same day being the Lord's day, commonly called Sunday, with force and arms, unlawfully, willingly, and of purpose, maliciously and contemptuously did enter and come into a certain room or passage of the dwelling-house of the said I. M. adjoining to a certain other room in the same dwelling-house, in which last-mentioned room a certain congregation of protestant dissenters, subjects of our said lord the present king, were then and there lawfully assembled and met for religious worship, the same congregation then and there being a congregation for religious worship, permitted and allowed by a certain act of parliament made and passed in the said first year of the reign of our said late majesties King William and Queen Mary, entitled, "An Act," &c. and the said place of the said meeting of the said congregation, then and there being duly certified and registered according to the said act, did then and there unlawfully, willingly, and of purpose, and maliciously, irreverently, and contemptuously, make divers great cries, noises, and disturbances, to disturb and disquiet, and did then and there disquiet and disturb the same congregation so then and there assembled and met as aforesaid, against the form, &c. and against the peace, &c.

OFFENCES RELATING TO TRADE AND THE PRICE OF PROVISIONS, &c.

244. For unlawfully putting on board implements used in manufacturing (g).

Unlawfully did load and put on board, and did cause and procure to be loaden and put on board, of a certain ship or vessel, then being at Liverpool aforesaid, called the Hercules, which was not bound directly to any port or place in Great Britain or Ireland, certain implements, proper for the working up of the cotton manufactures of this kingdom, to wit, 100 comb plates, 100 docking plates, 1000 reed wires, 1000 dents, one roving or winding jack and flier, two plyers, and two card stretchers, in contempt of our said lord the king and his laws, against the peace of our said lord the king, his crown and dignity, and against the form, &c.

(Second count.) Unlawfully did load and put on board a certain ship or vessel then being at Liverpool aforesaid, called the Hercules, which was not bound directly to any port or place in Great Britain or Ireland, divers, to wit, 100 comb plates, &c. (as before) being PARTS of certain machines proper for the working up of the cotton manufactures of this kingdom. (Conclusion as before.)

Third count describing the articles as being parts of a certain machine or engine called a loom, proper for the working of the cotton manufactures of this kingdom.

(Fourth count.) And the jurors, &c. (as before.)

(Fifth count.) Unlawfully had in his possession certain implements proper for the working of the cotton manufactures of this kingdom, to wit, (set out the implements,) with intent to export the same to some other port or place than Great Britain or Ireland, to wit, New York, in America. (Conclusion as before.)

(g) R. v. Orrel, Lanc. Lent Ass. 1814. See the stat. 14 G. 3. c. 71. The defendant was convicted on the first four counts,

245. For preparing to go abroad and use the trade of a comb-maker.

That T. L. late of (h) Liverpool, &c. comb-maker, being a subject of our said lord the king, and an artificer and manufacturer of Great Britain, to wit, a comb-manufacturer, and not regarding the laws and statutes of this realm, on, &c. with force and arms, at Liverpool aforesaid, in the county aforesaid, was unlawfully preparing to go abroad beyond the seas, out of his majesty's dominions, into a foreign country, to wit, America, out of his majesty's dominions, for the purpose of there using and exercising his said trade and manufacture, against the form, &c. and against the peace, &c.

Second count states the like offence of preparing to go to America, for the purpose of there teaching his said trade and manufacture to foreigners.

246. Indictment at common law for forestalling (i). Middlesex. Did buy and cause to be bought of and

(h) R. v. Lister, Lancast. M. Ass. 1813. See the stat. 5 G. 1. c. 27. s. 4.

(2) See the stat. 12 G. 3. c. 71. which repeals the several statutes enacted against this of fence. But at common law, all endeavours to enhance the common price of any merchandize, and all kinds of practices which have an apparent tendency thereto, whether by spreading false rumours, or by buying things in a market before the accustomed hour, or by buying and selling again the same thing in the same market, or by any other suchlike devices, are highly criminal, and punished by fine and imprisonment. 1 Haw. 234, 235. 6th ed. 479.

By the common law, a mer

chant bringing victuals into the realm may sell the same in gross; but no person can lawfully buy within the realm any merchandize in gross, and sell the same in gross again, without being liable to be indicted for the same. Ib.

And the bare engrossing of a whole commodity, with an intent to sell it at an unreasonable price, is an offence indictable at common law, whether any part thereof be sold by the engrosser or not. Ib.

And so jealous is the common law of all practices of this kind, that it will not suffer corn to be sold in the sheaf, perhaps for this reason, because by such means the market is in effect forestalled. Ibid.

from one T. H. three hundred pounds weight of cheese, for the sum of three pounds fifteen shillings and sixpence of lawful money, as he the said T. H. then and there was coming towards London, to wit, to a certain market called Leadenhall Market, in London aforesaid, to sell the said three hundred pounds weight of cheese, and before the same was brought into the said market, where the same should be sold, in contempt of our said lord the king and his laws, and against the peace, &c.

247. Against a regrator.

That A. B. late of, &c. yeoman, on, &c. at, &c. to wit, in a certain market there, called B. Market, did obtain and get into his hands and possession ten geese, thirty ducks, and eighteen drakes, of and from one E. C. for the sum of four pounds and nine shillings, of lawful money of Great Britain, (the said geese, ducks, and drakes, then being brought to the said market by the said E. C. to be sold); and afterwards, to wit, on the same first day of March, in the year aforesaid, he the said A. B. at the parish aforesaid, in the county aforesaid, in the said market there, called B. Market, unlawfully did regrate the said geese, ducks, and drakes, and sell the same again to one W. S. for the sum of five pounds. (Conclude as in the last.)

248. Against an engrosser.

That A. B. late of, &c. yeoman, on, &c. at, &c, did unlawfully engross and get into his hands, by buying of and from one R. G. fifty quarters of wheat, to the intent to sell the same again at an unreasonable profit. (Conclusion as before.)

249. For spreading rumours with intent to raise the price of hops (k).

(Commencement as in pr. 1.) Wickedly intending to enhance the price of hops, did spread divers false (1) ru

(k) R. v. Waddington, 1 East, 143.

(2) This word was not in the original indictment.