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and laboured to persuade, instigate, and prevail on divers other liege subjects of our said Lord the King, whose names to the jurors aforesaid are as yet unknown, inhabiting in the said parish of C. and in the neighbourhood of the same, with force and arms unlawfully, riotously, and tumultuously to assemble and gather together to disturb the peace of our said Lord the King, and to injure and annoy a great number of the peaceable subjects of our said Lord the King in their persons and properties, and that by means, and in pursuance, of the said wicked solicitations, instigations, and endeavours of the said A. B. a great number of persons, to the number of one hundred and more to the jurors aforesaid, as yet unknown, afterwards, to wit, on, &c. with force and arms at, &c. aforesaid, unlawfully, riotously, routously, and tumultuously assembled and gathered together to disturb the peace of our said Lord the King, and being so assembled and gathered together, did then and there unlawfully, riotously, routously and tumultuously continue together in a riotous and tumultuous manner for a long time, that is to say, for the space of two hours then next following, and during all that time committed many great violent and enormous outrages in breach of the peace of our said Lord the King, to the very great terror, disturbance, and grievance not only of many of his said Majesty's quiet and peaceable subjects then inhabiting and residing there, but also of all other of his said Majesty's quiet and peaceable subjects then and there passing and repassing in and about their lawful affairs and business, in contempt of our said Lord the. King, in open violation of the laws, good order and government of this realm, to the evil and pernicious example, &c. and against Second count, the peace, &c. And the jurors, &c. do further present, omitting the actual assemthat the said A. B. being such person as aforesaid, and unlawfully, maliciously and wickedly devising, intending and endeavouring again to disturb the peace of our said Lord the King, and to cause other insurrections, riots, and tumults within this realm, to the great terror, annoyance, and disturbance of his Majesty's liege and peaceable subjects, afterwards, to wit, on the said, &c. at, &c. aforesaid,

bling.

unlawfully, wickedly, and maliciously solicited, incited, stirred up, and as much as in him lay endeavoured and laboured to persuade a great number of other liege subjects of our said Lord the King, whose names to the jurors aforesaid are as yet unknown, with force and arms unlawfully, riotously and tumultuously to assemble and gather together to disturb the peace of our said Lord the King, and to terrify, annoy, disturb, and injure many other of his said Majesty's liege, peaceable, and quiet subjects, in contempt, &c. in open violation of the laws, good order, and government of this realm, to the evil and pernicious example, &c. and against the peace &c.

....

County of.
(to wit.)

That A. B. late of, &c. being a per- For soliciting son of a wicked mind and disposition, an artificer to leave the kingand having no regard for the laws and statutes of this dom. realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on, &c. with force and arms, at, &c. aforesaid, unlawfully did contract with one C. D., he the said C. D. then and there being a manufacturer, workman, and artificer of Great Britain, in the manufacture of weaving linen cloth, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called America, such foreign country not then being within the dominions of, or belonging to, the crown of Great Britain,* in contempt,

* By 5 Geo. 1. c. 27. if any person shall contract with, entice, or solicit, any artificer in wood, iron, steel, brass or other metal, clockmaker, watch-maker, or any other artificer of Great Britain, to go into foreign countries out of the King's dominions, and shall be convicted thereof, upon indictment or information, in any of the courts at Westminster, or at the assizes, or quarter sessions, he shall be fined any sum not exceeding 1007. for the first offence, and shall be imprisoned three months, and till the fine be paid; and if any person having been once convicted shall offend again, he shall be fined at the discretion of the court, and imprisoned twelve months, and till the fine be paid. § 1.

&c. and against the form, * &c. and against the peace, And the jurors aforesaid, do further present, that

Second count, &c.

By the 23 Geo. 2. c. 13. "if any person shall contract with, or endeavour to persuade or seduce any artificer in the manufactures of Great Britain to go into any foreign country, not belonging to the crown of Great Britain, and shall be thereof convicted, in twelve months, in the King's Bench, or at the assizes, he shall for every such person forfeit 5001. and be imprisoned in the common gaol for twelve months, and till payment of the forfeiture; and for a second or other subsequent offence, shall forfeit 1000l. and be imprisoned two years, and till payment." § 1, 2.; c. 67. § 6, 7.

This latter act seems to be a repeal of the former, (i. e. the § 1. thereof;) being made to supply the deficiences of it. There is no discretion left by this in the court; the punishment directed in it is peremptory: the former act directs the fine for the first offence, to be “in any sum not exceeding 1007." in this the fine of 500/. is peremptory and immitigable, and to be imprisoned for a definite time, and also until the fine be paid; nor are " the sessions" inserted. 4 R. v. Cator. Burr. 2026.

By the 14 Geo. 3. c. 71. " if any person shall put on board any vessel not bound directly to some port in Great Britain or Ireland any tools or utensils, or part thereof, proper for the cotton or linen manufactures, he shall forfeit the same, and also 2001. § 1.

And by the 21 Geo. 3. c. 37. " if any person shall put on board, or pack, in order to be put on board, any vessel not bound directly to any port in Great Britain or Ireland, or shall bring to any wharf or other place, in order to be so put on board any such vessel, any machine, engine, tool, press, paper, utensil, or implement, or any part, model, or plan thereof, proper for the wollen, cotton, linen, or silk manufactures, one justice, on complaint upon oath by one witness, may issue his warrant to seize the same, together with the package, and other goods packed therewith, (if any such there be), and to bring the person complained of before him or some other justice; and if he shall not give to such justice a satisfactory account of the purpose to which they are intended to be appropriated, the justice shall cause the same to be detained, and bind the party to appear at the next assizes or quarter sessions, and on neglect or refusal so to do, shall commit him to the gaol or house of correction until the next assizes or sessions, and until delivered by due course of law. And on conviction at such assizes or sessions upon indictment or information, he shall forfeit all the said goods, and also 2007. and be imprisoned in the common gaol or house of correction for twelve months, and until the forfeiture shall be paid. § 1.

Also by 22 Geo. 3. c. 60. if any person shall contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman

the said A. B. being a person of a wicked mind and dispo sition, and not regarding the laws and statutes of this realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on the said .... day of .... in the

....

year of the reign of our Lord the now King, with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully did entice, persuade, and solicit the said C. D. he the said C. D. then and there being a manufacturer, workman, and artificer of Great Britain, in the manufacture of weaving linen cloth, then and there being a manufacture of Great Britain, to go out of, &c. [Same to the end as the first count. Third count, "did endeavour to persuade."] And the jurors, Fourth count. &c. do further present, that the said A. B. being a person of a wicked mind, &c. [as before,] within twelve months next

concerned or employed, or who shall have worked at, or been employed in, printing calicoes, cottons, muslins, or linens of any sort, or in making or preparing any blocks, plates, engines, tools, or utensils, for such manufactures, to go out of Great Britain to parts beyond the seas, and shall thereof be convicted [in like manner as is mentioned in the above act of 23 Geo. 2.] he shall for every artificer forfeit 5007. and be committed to the common gaol for twelve calendar months, and until such forfeiture be paid; and in case of a subsequent offence, he shall forfeit for every artificer 1000l. and be committed for two years, and until such forfeitures be paid. § 1.

But the prosecution must be commenced within twelve calendar months. §2.

And by 25 Geo. 3. c. 67. if any person shall contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman employed or who shall have been employed in the iron and steel manufactures in this kingdom, or in making or preparing any tools or utensils for such manufactures, to go out of Great Britain to parts beyond the seas (except Ireland), and shall be convicted thereof [in manner above], he shall for every artificer forfeit 500l. and be committed, &c. [as in the preceding statute.] § 6.

The prosecution in like manner to be commenced within twelve calendar months. §7.

By 39 Geo. 3. c. 56. seducing and attempting to seduce soldiers from the kingdom of Great Britain, shall be punished in the same manner as persons seducing, or attempting to seduce, artificers and manufacturers.

The prosecutor is a competent witness, though entitled to a moiety of the penalty on conviction. 3 Esp. R. 68.

before the taking of this inquisition, that is to say, on the said .... day of .... in the ...... year of the reign of, &c. with force and arms, at, &c. aforesaid, unlawfully did contract with one C. D., he the said C.D. then and there being a workman in the manufacture of a linen weaver, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called America, such foreign country not then being within the dominions of, or belonging to the crown of Great Britain, in contempt, &c. against the form, &c. and against the peace, &c.

On 37 Geo. 3.

c. 70. for endeavouring to seduce a soldier from his

duty and alle. giance, and to

mutiny.

County of...
(to wit.)

}

That R. P. being a wicked, evildisposed person, after the passing of a certain act of parliament made in the 37th year of the reign,' &c. entitled, "An act for the better prevention and pu nishment of attempts to seduce persons serving in his Majesty's forces by sea or land, from their duty and allegiance to his Majesty, or to incite them to mutiny or disobedience;" and whilst the said act continued and was in force, to wit, on, &c. at, &c. feloniously did, maliciously and advisedly, endeavour to seduce one W. M. he the said W. M. then and there being a person serving in his Majesty's forces by land, from his duty and allegiance to his said Majesty, against the form of the statute, &c. and against the peace, &c. Second count, that he feloniously, maliciously, and advisedly did endeavour to incite and stir up the said W. M., he the said W. M. then and there being a person serving in his said Majesty's forces by land as aforesaid, to commit an act of mutiny, and to commit traitorous and mutinous practices, against the form, &c. and against the peace, &c.

* This was originally a temporary act, but was made perpetual by 57 Geo. 3. c. 7. See also 1 Geo. 1. c. 47. and other recent annual mutiny acts, by which a specific penalty is annexed to this offence of soliciting soldiers to desert.

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