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on, &c. at, &c. being workmen and journeymen in the art, mystery, and manual occupation of a wheelwright, and not being content to work and labour in that art and mystery by the usual number of hours in each day, and at the usual rates and prices, for which they and other workmen and journeymen were wont and accustomed to work, but falsely and fraudulently con, spiring and combining unjustly and oppressively to increase and augment the wages of themselves, and other workmen and journeymen in the said art, and unjustly to exact and extort great sums of money for their labour and hire in their said art, mystery, and manual occupation from their masters who employ them therein, with force and arms, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, together with divers other workmen and journeymen in the same art, mystery, and manual occupation (whose names to the jurors aforesaid are as yet unknown) unlawfully did assemble and meet together, and so being assembled and met, did then and there unjustly and corruptly conspire,
or shall not work but at certain hours and times, that then every person so conspiring, covenanting, swearing, or offending, being lawfully convicted thereof, by witness, confession, or otherwise, shall forfeit for the first offence, ten pounds to the king's highness, and if he have sufficient to pay the same, and do also pay the same within six days next after his conviction, or else shall suffer for the same offence, twenty days imprisonment, and shall have only bread and water for his sustenance; and for the second offence shall forfeit twenty pounds to the king, if he have sufficient to pay the same, and also to pay the same within six days next after his conviction, or else shall suffer for the second offence punishment of the pillory, and for the third
offence shall forfeit forty pounds to the king, if he have sufficient to pay the same, and also do pay the same within six days next after his conviction, or else shall sit on the pillory, and lose one of his ears, and also shall at all times after that be taken as a man infamous, and his sayings, depositions, or oath, not to be credited at any time, in any matter of judgment.
s. 3. Justices of assize, justices of the peace, mayors, bailiffs, and stewards of leets, at all and every their sessions, leets, and courts, shall have full power and authority, to inquire, hear, and determine, all and singular offences, committed, against this statute, and to punish, or cause to be punished, the offender, according to the tenor of the statute.
combine, confederate, and agree among themselves, that none of the said conspirators, after the same —
of would make or do their work at any lower or lesser rate than five shillings for the hewing of every hundred of spokes for wheels, and eight shillings for making of every pair of hinder wheels, for or on account of any master or employer whatsoever in the said art, mystery, and occupation; and also that none of them the said conspirators would work day work or labour any longer than from the hour of six in the morning till the hour of seven in the evening in each day from thenceforth, to the great damage and oppression not only of their masters employing them in the said art, mystery, and occupation, but also of divers others of his majesty's liege subjects, and against the peace, &c. (7).
282. Indictment for a conspiracy, and defrauding a person of fifty pounds, under pretence of procuring his son the office and place of deputy comptroller of the customs, in the port of Milford.
That A. B. late of, &c. esquire, and C. D. late of the same, yeoman, and E. F. &c. being evil-disposed persons, and wickedly and unjustly devising and intending to defraud one J. W. of his monies, on, &c. with force and armis, at, &c. falsely, fraudulently, and unlawfully did conspire, combine, confederate, and agree among themselves to obtain, acquire, and get into their hands and possession of and from B. the wife of the said J. W. a great sum of money of him the said J. W. under a false colour and pretence of procuring for G. W. the son of the said J. W. and B. W. the office and place of deputy of the said A. B. as comptroller of his majesty's customs in his port of Milford,
(1) An indictment may be drawn from this form on the statute, by pursuing the words of it, and concluding, Cou trary to the form of the statute in such made and provided."
See an indictment against several journeymen serge-weavers for refusing to work for a master who had employed a man con
trary to certain rules entered into by conspiracy. Cra, Cir. Ass. 204. See the provisions of the stat. 39 & 40 G. 3. c. 106. and the case of R. v. Nield, 6 East, 417.
See the King against the journeymen taylors of Cambridge, 8 Mod. Rep. 10.
and the members and creeks thereunto belonging. And that the said A. B. in pursuance of and according to the said conspiracy, combination, confederacy, and agreement between him and the said C. D. and E. F. so as aforesaid before had, afterwards, to wit, on, &c. at, &c. falsely, fraudulently, unlawfully, and deceitfully, did pretend to the said B. W. that be the said A. B. then had as comptroller of his majesty's customs in the port of Milford aforesaid, and the members and creeks thereunto belonging, power and authority then and there to appoint the said G. W. to be his deputy, and that the said C. D. in pursuance of and according to the said conspiracy, combination, confederacy, and agreement between him and the said A. B. and E. F. so as aforesaid before had, did then and there fraudulently pretend and affirm to the said B. W. that he the said C. D. had power and authority, on behalf of the said A. B. to dispose of the said office and place of deputy to the said J. W. for the said G. W. his son, and that the said A. B. and C. D. in pursuance of and according to the said conspiracy, combination, confederacy, and agreement between them and the said E. F. so as aforesaid had, afterwards, to wit, on &c. at, &c. by the false pretences aforesaid, and also under colour and pretence of a certain deputation, purporting to be under the hand and seal of the said A. B. and purporting that the said A. B. had thereby deputed and empowered the said G. W. to act and officiate for him the said A. B. as his deputy in the office, business, and employment of a comptroller of the customs at A. a member or creek belonging to the chief port of M. aforesaid, "fraudulently and unlawfully did obtain, acquire, and get into their hands and possession, the sum of fifty pounds, of lawful money of Great Britain, of the monies of the said J. W. of and from the said B. W. that is to say, the said E. F. the sum of fifteen pounds, and the said C. D. the sum of thirty-five pounds; whereas in truth and in fact the said A. B. had not then any power or authority to appoint the said G. W. to be his deputy, or in any wise to depute and empower him the said G. W. to act and officiate for him the said A. B. as his deputy in the of fice, business, and employment of a comptroller of the customs at A. aforesaid, to the great damage of the said J. W. and against the peace, &c.
See the C. C. A. 190. also an indictment against several per
sons for conspiring to influence the prosecutor not to sell stock,
283. Indictment for falsely charging one with being the father of a bastard child (a).
That R. B. late of London, yeoman, P. J. late of Lon
but to buy more at an improper time, by false informations relative to a peace between England and France. Ibid. 206. The stat. 33 Ed. 1. stat. 2. 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 indite or cause to indite, 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 seigniority, 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.
From the above definition of conspirators it seems clearly to follow, that not only those who actually cause an innocent man to be indicted, and also to be tried upon the in
dictment, whereupon he is lawfully acquitted, are properly conspirators, but that those also are guilty of this offence who barely conspire to indict a man falsely and maliciously, whether they do any act in prosecution of such conspiracy or not. 1 Haw. c. 72. s. 2. 2 Ld. Ray. 1169.
By the common law there can be no doubt but that all confederacies whatsoever, wrongfully to prejudice a third person, are highly criminal; as where divers persons confederate together by indirect means to impoverish a third person, or falsely and maliciously to charge a man with being the reputed father of a bastard child, or to maintain one another in any matter, whether it be true or false. 1. Haw. c. 72. s. 2.
Also, it plainly appears' from the words of the statute, that one person alone cannot be guilty of conspiracy within the purport of it; from whence it follows, that if all the defendants who are prosecuted for such a conspiracy be acquitted but one, the acquital of the rest is the acquittal of that one also*: and upon the same ground it hath been hoiden
* Vide Rex v. Rispall, 3 Burr. 1320. where R., B., and D. were jointly indicted for a conspiracy; the first of whom did not come in to plead; upon which B. and D. were tried together. B. was acquitted, and D. found
don, yeoman, R. G. late of London, yeoman, and E. C. late of London, spinster, being persous of evil name,
that no such prosecution is maintainable against a husband and wife only, because they are esteemed but as one person in law, and are presumed to have but one will. 1 Haw. c. 72. s. 8.
He who is convicted at the suit of the king of a conspiracy to accuse another of a matter which may touch his life, shall have judgment that he lose the freedom and franchise of the law (whereby he is disabled to be put upon any jury, to be sworn as a witness, or even to appear in person in any of the kings courts;) and also that his houses, lands, and goods shall be seised into the king's hands, and his houses and lands stripped and wasted, his trees rooted up, and his body imprisoned.
This is commonly called a villainous judgment, and is given by the common law, and not by any statute, and is said generally, in some books, to be the proper judgment upon every conviction of conspiracy at the suit of the king, without any restriction to such as endanger the life of the party; but this point is no where found to be settled. 1. Haw. c. 72. s. 9.
But this judgment hath been but seldom given, there
being no instance of it since the reign of Edward the third, 2 Burr. 996, 997. 2 Inst. 383, 384.
It is usual at this day, to punish the party by pillory, fine, and imprisonment, and to cause him to find sufficient sureties for his good behaviour for a certain term. 2 Burr. 1027.
(a) See R. v. Best & al. Trin. 3 Ann. B. R. Salk. 174.
Upon demurrer it was urged, that H. might be the father, because it was not aver red that he was not the father. It was agreed by the court, 1st, that several people may lawfully meet and consult to prosecute a guilty person; otherwise, to charge one that is innocent, right or wrong; for that is indictable. That so here, that the conspiracy is the gist of the indictment, and that though nothing be done in prosecution of it, it is a complete and consummate offence of itself; and whether the conspiracy be to charge a temporal or ecclesiastical offence on an innocent person, it is the same thing. 2dly, It need not be averred that H. is innocent; for it is said, that the defendant did falsely affirm him to be the father; and innocence
guilty. R. afterwards appeared and pleaded, who was likewise found guilty, See tit. Joinder of Parties, Verdict, Judgment. R. v. Nicols, 2 Stra. 1227. Rex v. Kinnersley and Moore, 1 Stra. 193. R. v. Scott and Hams, 3 Burr. 1262.