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then and there threaten, that "if they had the said P. Q. they would serve him as they served the said effigy," and did then and there unlawfully, riotously, routously, and contemptuously make a very great noise and disturbance for the space of several, to wit, four hours then next following and upwards, to the great damage, terror and affrightment of the said P. Q., to the great terror of all the king's subjects then and there being and passing, in contempt, &c. to the evil, &c. and against the peace, &c.

SOLICITATIONS TO COMMIT OFFENCES.*

For soliciting

a servant to

County of.. That C. F. late of the parish of .... (to wit.) in the county of......pawnbroker, on embezzle his the......day of, &c. at, &c. did wickedly and unlawfully master's goods (and feloniously+) solicit and incite one H. D. a menial servant of one D. W. of ...... aforesaid, gentleman, to take, embezzle, and steal a certain number, to wit, seven of linen napkins of the value of fourteen shillings, of the goods and chattels of his master, the said D. W. and to deliver to him the said C. F. the said seven linen napkins, to the great damage of his said, &c. to the evil example, &c. and against the peace, &c.

County of..

.....

That T. B. late of, &c. on, &c. at, For soliciting an apprentice (to wit.) &c. aforesaid, falsely, subtly, and un- to embezzle lawfully did solicit, incite, and persuade one H. N. an ap- his master's prentice to W. R. of the same parish and county, grocer, secretly and clandestinely to take and embezzle divers goods

* It has been observed in a former page, that an attempt to commit a felony, or a misdemeanour, is itself a misdemeanour, and indictable at common law. The soliciting another to commit similar offences, stands in the same predicament, and is liable to similar prosecutions; and it is immaterial whether the solicitation succeed, or not; the intention, and not the accomplishment, constituting the offence.

+ It has not been usual in indictments for soliciting felonies, to insert the word "feloniously," but Mr. Chitty makes a doubt whether it be not necessary, 3 Chit. C. L. 993.

goods.

For soliciting

a youth to per. mit defendant to commit

buggery with him.

and chattels of the said W. R. and to give and deliver such goods and chattels to him the said T. B. And that the said T. B. afterwards, to wit, on the said, &c. at, &c. aforesaid, ten pounds of sugar, of the value of fifteen shillings, of the goods and chattels of the said W. R. by the said H. N. then lately before, on the same day and year aforesaid, by the solicitation, incitement, procurement, and persuasion of the said T. B. taken and embezzled, then and there falsely, knowingly, subtly, and unlawfully did receive, obtain and have of, and from, the said H. N. to the great damage of the said W. R. to the evil example, &c. and against the peace, &c.

County of
(to wit.)

That A. B. of, &c. in the county of cordwainer, being a person of

a most wicked, lewd, and abandoned mind and disposition, and devising and intending to vitiate and corrupt the morals of one C. D., and to stir up and excite in his mind, filthy, lewd, and unchaste desires, and inclinations, on the..... day of...... at the parish of......in the county of...... aforesaid, did wickedly, and unlawfully solicit, invite, and endeavour to persuade the said C. D. to permit and suffer him the said A. B. then and there feloniously and wickedly to commit and do that detestable and abominable crime, called Buggery, with the said C. D., against the order of nature, to the great displeasure of Almighty God, to the great damage of the said C. D., and against the peace, &c.

For soliciting County of.. (to wit.)

a woman to

commit perjury, by

swearing a child to an innocent

person.*

That A. B., late of, &c. being a wicked Jand evil-disposed person, and minding and intending great injury to one C. D. of, &c. a good and valuable subject of our said Lord the King, and unjustly to cause

* To solicit, or attempt to persuade, a witness to swear falsely, though such solicitation be ineffectual, is a misdemeanour at common law. 1 Hawk. c. 69.

and procure him to be put to great charges and expence of his monies, and to give security for the maintenance of a child, of which one E. F. spinster was on, &c. pregnant, and which, by the laws of this realm, was likely to become a bastard, did on the same, &c. aforesaid, at, &c. aforesaid, unlawfully, and wickedly solicit, instigate, persuade, and procure the said E. F. to go before one of the justices of our said Lord the King assigned, &c. and that she the said E. F. in consequence of such solicitation, instigation, persuasion, and procurement, did go in her own proper person before G. H. one of the justices of our said Lord the King, assigned, &c. and then and there did, &c. [state the filiation,] whereas in truth and in fact, he the said A. B. at the time when he so endeavoured to persuade, solicit, and instigate the said E. F. to make oath and swear as aforesaid, then and there well knew that the said C. D. would be put to great charges and expence of his monies, if she the said E. F. would swear as aforesaid; and whereas in truth and in fact, he the said A. B. at the said time when he so endeavoured to pursuade, solicit, and instigate the said E. F. to make oath and swear as aforesaid, had no reasonable or probable cause whatsoever to suspect or imagine that the said C. D. was the father of such child, but on the contrary thereof, the said A. B. was then and there informed by the said E. F. that he the said A. B. was the father of such child, of which she the said E. F. was so pregnant as aforesaid; and whereas in truth and in fact, she the said E. F. never told or informed him the said A. B. that the said C. D. was the father of such child; and whereas in truth and in fact, he the said A. B. so wickedly and unlawfully endeavoured to persuade, solicit, and instigate the said E. F. to swear as aforesaid, in order that he the said A. B. might be exonerated, freed, and discharged from divers expences which might accrue to him as being the father of such child, after the same should be born of the body of her the said E. F. in contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

For soliciting County of

a witness to

withhold evi

a person indicted.

.....

2 That on, &c. a certain writ of our (to wit.) S said Lord the King called a supbæna

dence against ad testificandum, had been and was duly issued and tested by and in the name of P. Q. of, &c. at, &c. the same day and year aforesaid, the said P. Q. then and there being custos rotulorum in and for the said county, which said writ was directed to B. B. and D. D., by which said writ our said Lord the King commanded, &c. [recite the writ.} And the jurors, &c. do further present, that a copy of the said writ was on, &c. at, &c. duly served on the said H. H. who then and there had notice to appear and give evidence according to the exigency of such writ, and that the evidence of said H. H. at the time of issuing the said writ, and from thence until and upon the said, &c. therein mentioned, was material and necessary to have been given before the said grand jury on the said bill of indictment, so to be preferred against the said A. B. as aforesaid, and that at the sessions of the peace holden at...... aforesaid, in and for the said county of...... on, &c. aforesaid, such bill of indictment was preferred against the said A. B. to and before a certain grand jury then and there duly assembled in that behalf. And the jurors, &c. do further present, that A. B. late of, &c. being an evil disposed person, and contriving and intending to obstruct and impede the due course of justice, on, &c. at, &c. unlawfully and unjustly solicited, persuaded, and prevailed upon the said H. H. to absent himself from the said sessions of the peace, holden as aforesaid, and not to appear there before the justices then and there assembled, to testify the truth and give evidence before the said grand jury on the said bill of indictment, so preferred against the said A. B. as aforesaid,* (and the said H. H. in consequence of such solicitation and persuasion, did not so appear and give evidence according to the exigency of said writ;) to the great obstruction,

This is an offence indictable at common law. 1 Hawk. c. 21. The mere attempt to stifle evidence is criminal, though the persuasion should not succeed, on the general principle that an incitement to commit any crime is itself criminal. 6 East, 464.

hinderance, and delay of public justice, in contempt, &c. to the evil, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that on the said, &c. a certain other writ of our said Lord the King had duly issued, directed to the said B. B. and D. D. by which said last mentioned writ, our said Lord the said King commanded the said B. B., and D. D., that, &c. [recite the writ.] And the jurors, &c. do further present, that the evidence of the said H. H. at the time of issuing the said last mentioned writ, and from thence until, and upon the said, &c. therein mentioned, was material and necessary to have been given before the said grand jury in the said bill of indictment, so to be preferred against the said A. B. as aforesaid. And the jurors, &c. do further present, that the said A. B. being an evil disposed person, &c. [Same as first count, saying "endeavoured to dissuade," &c. and omitting the allegation that the solicitation was successful.]

....

}

persons to

First count, for

ble, in conse

quence of

So.

County of That A. B. late of, &c. being a per- For soliciting (to wit.) son of an evil, seditious, and turbulent and inciting disposition, and maliciously intending and endeavouring to make a riot. break the peace and to disturb the tranquillity, good order, persuading and government of this realm, and to endanger the persons them to assemand property of a great number of his Majesty's quiet and peaceable subjects, on, &c. and on divers other days and which they did times between that day and the first day of......in that year, at, &c. aforesaid, unlawfully, wickedly, and maliciously intended, devised and endeavoured as much as in him lay to raise and create insurrections, riots, and tumults within this realm for the disturbance of his Majesty's peace, and to the great terror and annoyance of his liege and peaceable subjects. And that the said A. B. in prosecution of his said wicked intention and purpose, and for the effecting and accomplishing thereof on the said, &c. and on the said other days and times at, &c. aforesaid, with force and arms unlawfully, wickedly, and maliciously solicited, incited, encouraged, and as much as in him lay endeavoured

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