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fame, and dishonest conversation, and not endeavouring to seek their living by honest labour, according to the laws of this kingdom of Engiand, but compassing, devising, and conspiring, amongst themselves, by what unlawful means they might unlawfully and unjustly obtain and acquire into their hands and possession the goods, chattels, and money, of the honest liege men and sub'jects of the said lady the queen, to maintain their dishonest and diabolical course of living, on, &c. at, &c. falsely, unlawfully, wickedly, and craftily contriving, intending, and conspiring, and devising among themselves to deceive and defraud one P. P. not only of his monies, but also to deprive him the said P. of his good name, fame, estate, and credit, and to bring the said P. into hatred, scandal, contempt, and infamy, amongst all the liege men and subjects of the said lady the queen, on, &c. at, &c. falsely, unlawfully, deceitfully, maliciously, and for the cause of wicked gain, conspired, contrived, consulted, and agreed amongst themselves, falsely, unjustly, wickedly, and diabolically, to charge and accuse the said P. P. to be the father of a child, whereof the said Elizabeth was then pregnant, as they then and there pretended; and by the conspiracy among them so as aforesaid before had, then and there, with force and arms, &c. they did falsely and maliciously affirm, and every one of them then and there did falsely and maliciously affirm, that he the said P. then lately before had had carnal knowledge of the body of her the said Elizabeth, and had carnally known the said Elizabeth; and that he the said P. was the father of the pretended child, whereof the said Elizabeth then was pregnant, as she asserted and pretended'; and for the further execution of the premises, they the said R. B., P. J., R. G., and Elizabeth C., then and there agreed and concluded

is to be intended till the contrary appears. Vide2 West's Prec. pl. 102. 42 Edw. 3. 14. As to the venue, see tit. Jurisdiction, County; see also F. N. Br. 116, 8th edit. 264. Her. pl. 259.

On an information for con

spiracy, the fact of conspiring need not be proved, but may be collected from other circumstauces. The King against Parsons and others, I Black. Rep. 392. Vide Rex v. Eccles, Cro. Cir. Ass. 189.

amongst themselves, that he the said R, B. should go to the said P. and charge and accuse him the said P. that he the said P. then lately before had had caruai knowledge of the body of the said Elizabeth, and that he the said P. was the father of the said pretended child, whereof they pretended that she the said Elizabeth was pregnant. And the jurors aforesaid, upon their oath aforesaid, further say, that the said R. B. in execution of the pre-. mises, and according to the said conspiracy, consultation, and agreement among them the said R. B., P. J., R. G.,, and Elizabeth C. as aforesaid beiore had, afterwards, to wit, on, &c. and at divers other times, at, &c. falsely, wickedly, maliciously, diabolically, and for the sake of wicked gain, in the hearing of many faithful liege men and subjects of the said lady the queen, charged and accused the said P. that he the said P. then lately before had had carnal knowledge of the body of the said Elizabeth C. and had carnally known her the said Elizabeth C. and that he the said P. was the father of the said pretended child, whereof they affirmed the said Elizabeth, C. then was pregnaut,, to the, great damage, &c. and against the peace, &c.

284. Indictment against several for administering an un- › lawful oath (h), este obs

That A. B. late of, &c. labourer, C. D. &c. heretofore, to wit, on, &c. with force and arms, at Overhulton, in the county palatine of Lancaster, feloniously did admi-, nister, and cause to be administered, to one H. B. a certain oath, then and there accordingly taken by the said. H. B.; and which said oath was then and there intended to bind the said H. B. so then and there taking the same, not to inform or give evidence against any associate, confederate, or other person of or belonging to a certain association, society, and confederacy, the same then and there being a certain association, society, and confederacy of persons formed to disturb the public peace,' against the form of the statute, &c. and against the peace, &c.

*

(2nd count.) Feloniously did administer, and cause to be administered to the said H. B. a certain other oath, then

(h) Under the stat. 37 G. 3. c. 123. see p. 147.

and there accordingly taken by the said H. B.; which said last-mentioned oath was then and there intended to bind the said H. B. so then and there taking the same, not to reveal or discover a certain combination and confederacy, formed to disturb the public peace, against the form of the stat. &c. and against the peace, &c.

(Third count.) Feloniously did administer, and cause to be administered, to the said H. B. a certain other oath, then and here accordingly taken by the said H. B.; which said last-mentioned oath was then and there intended to bind the said H. B. so then and there taking the same, not to reveal or discover ANY ILLEGAL ACT done by certain persons of and belonging to a certain association, society, and confederacy, formed to disturb the public peace, against the form, &c. and against the peace,

&c.

(Fourth count.) Feloniously did administer, and cause to be administered to the said H. B. a certain other oath accordingly taken, &c.; which said last-mentioned oath was then and there intended the said H. B. to engage to disturb the public peace, against the form of the statute, &c. and against the peace, &c.

Were feloni

(Fifth, sixth, seventh, eighth counts.) ously aiding and assisting at, and present at, and consenting to, the administering to the said H. B. a certain oath, &c. (as in the first, second, third, and fourth counts respectively.)

Eight other counts, the same with the eight first, except that the word "engagement" is substituted for the word "oath."

285. For taking an unlawful oath.

(Comm. as in pr. 1.) Feloniously did take a certain oath, which said oath was then and there intended to bind the said A. B. so then and there taking the same, not to inform or give evidence against any associate, confederate, or other person of and belonging to a certain association, society, and confederacy of persous formed to disturb the public peace, he the said A. B. not being compelled to take the said oath, against the form of the statute, &c. and against the peace, &c.

Add counts to correspond with the counts of the former precedent, subsequent to the first.

286. Indictment against one for administering, and another for aiding at the administering, of an unlawful oath.

(As in pr. 284 to the *, and then proceed,) and that J. B. late of, &c. labourer, was then and there feloniously aiding and assisting at, and present at, and consenting to the administering the said oath to the said I. C. against the form of the statute, &c.

Add counts to correspond with the counts of precedent 284, subsequent to the first (a).

(a) This case is within the stat. though the object of the conspiracy be to raise wages,

and not to stir up mutiny and sedition. See 3 East. R. 157. R. v. Marks and others.

PLEAS.

287. Not guilty in case of treason or felony.

And being immediately asked, how he will acquit himself of the premises (in case of felony, or of the treasons, in case of treason,) above laid to his charge, saith that he is not guilty thereof, and thereof for good and for ill he puts himself upon the country (a).

288. Not guilty upon an information in the King's Bench. And now, to wit, on next after three weeks of St. Michael in that same term, before our lord the king, at Westminster, comes the said A. B. by C. D. his attorney, and after oyer of the said information, saith, that he is not guilty thereof, and of this he puts himself upon the country; and the said C. D. attorney-general of our said lord, in the court of our said lord the king, who prosecutes for our said lord the king in this behalf, doth the like, &c.

289. Plea of a wrong addition (b).

And the said A.B. (c), who in and by the said indictment is called by the name and addition of A. B. late of the parish of K. in the county of M. yeoman, in his own person cometh, and having heard the said indictment read, says, that at the time of the taking the said indictment, and long before, he the said A. B. was and ever

(a) In cases of treason and felony, no issue is joined with the prisoner on behalf of the

crown.

(b) The plea should be tendered engrossed upon parchment, but in some instances such a plea has been allowed. when offered ore tenus.

(c) A plea of misnomer should commence thus, "whereupon cometh R. W. who is indicted by the name of J. W." and if he should say, "the said J. W." he would be concluded. 2 Hale, 175.

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