no regard to justice, nor to the duty of bis said office as such justice of the peace, but unlawfully, wickedly, and maliciously devising and intending to discredit, disgrace, aggrieve, and oppress one M. M. of the parish of C. in the said county of S. single woman, and to expose the said M. M. to ignominy, shame, scandal, and disgrace, did, on the said day of in the year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, unjustly, unlawfully, wickedly, and maliciously, and without any reasonable or probable cause whatsoever, under mere colour and pretence of his said office as such justice as aforesaid, cause and procure the said M. M. (being a young woman about the age of fifteen years, and being a person of good name, fame, credit, and reputation, and in the peace of God and our said lord the king,) to be taken into custody, imprisoned, and stripped quite naked down to her waist, and to be unlawfully, publicly, cruelly, and severely whipped and lashed upon her naked back with divers whips and cords by one J. R. then being the common beadle of the parish aforesaid, at a certain common whipping-post, then erected and being in the common market place of the town of B. in the parish and county aforesaid, in the presence and view of a great number of people then and there assembled and gathered together, as a loose, idle, and disorderly person, (the said day of ———, in the year aforesaid, being a public market day in the said town of B.); by means of which said whipping and lashing, the back and shoulders of the said M. M. were greatly cut, bruised, and wounded, and the said M. M. by means of the premises became sick, weak, and distempered, and lost a great quantity of blood, which issued and flowed from the said cuts and wounds; whereas, in truth and in fact, neither the said A. B. nor any other justice of the peace of our said lord the king, in and for the said county of S. or elsewhere, had then and there any knowledge by his or their own view, or had then and there received or taken any information, examination, or other evidence upon oath whatsoever, that the said M. M. was, or had been, a loose, idle, or disorderly person; and whereas, in truth and in fact, the said M. M. never was a loose, idle, or disorderly person; to the great damage, scandal, and discredit of the said M. M. (Conclusion as in the last pr. from the *.) (2nd count.) And the said attorney of our said lord the king, who prose

day of

cutes as aforesaid, further gives the court here to understand and be informed, that the said A. B. being such justice as aforesaid, unlawfully, wickedly, and maliciously devising and intending to injure and prejudice the said M. M. as aforesaid, afterwards, to wit, on the said in the year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously, and without any reasonable or lawful cause whatsoever, in and upon the said M. M. did make an assault, and her the said M. M. then and there unlawfully (and without any view by him the said A. B. or any other justice assigned to keep the peace of our said lord the king in this realm, had, or any legal information exhibited or made to him the said A. B. by any person whatsoever, any offence having been committed by the said M. M.) did beat, bruise, wound, whip, and ill-treat, so that her life was greatly despaired of. (Conclusion as in pr. 33.) (3rd count, alleging an assault by A. B. being such justice. 4th count, for a common assault, as in pr. 34.)

of

188. Indictment for refusing to watch with the constable when duly summoned.

That A. B. late of, &c. yeoman, on, &c. and long before, was an inhabitant in the parish aforesaid, in the county aforesaid, and that the said A. B. then and there was duly summoned and required to watch in the night of the same day with C. D. then being one of the constables of the same parish, in the county aforesaid: nevertheless, the said A. B. wholly neglecting his duty in that behalf, then, to wit, in the night of the same day, or in any part of the same night, did not watch with the said constable, in the parish aforesaid, in the county aforesaid, but to do his duty in that behalf then and there totally did neglect, and wilfully, obstinately, and contemptuously, then and there did make default, in contempt of our said lord the king and his laws, and against the peace &c.

189. Indictment for a contempt by the headborough in refusing to convey a person to prison, upon a commitment by a justice of peace.

That on, &c. at the parish of, &c. one E. F. was

brought by one A. B. then being one of the headboroughs of the same parish, before G. H. esq. then and yet being one of the justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county,, and that the said E. F. then and there was charged, upon the oath of one I. K. before the said justice, with having viclently assaulted her, in breach of the peace; and that the said E. F. was then and there examined before the said G. H. the justice aforesaid, concerning the said of-fence, so as above charged upon him; upon which, and for that the said E. F. could not then find sureties before the same justice for his personal appearance at the; then next general quarter session of the peace, to be holden for the county aforesaid, to answer of and concerning the premises, he the said G. H. being such justice as aforesaid, at the parish aforesaid, in the county aforesaid, in due form of law, did make a certain warrant under his hand and seal, bearing date on the said -day of -in the year aforesaid, directed, &c. (the terms of the warrant should be accurately set out,) to the keeper of -(the same being a certain gaol and prison of our said lord the king,) situate and being at, &c. commanding the said keeper that he should receive into his custody the body of the said E. F. charged, upon the oath of the said I. K. with the premises above specified, and for want of sureties; and the said justice, by his warrant aforesaid, did command-the said keeper the said E. F. safely to keep, until he the said E. F. by due course of law from thence should be discharged; which same warrant afterwards, to wit, on the said- day of, in the

year aforesaid, at the parish aforesaid, in the county aforesaid, was delivered to the said A. B. then being one of the headboroughs of the same parish, and then and there having the said E. F. in his custody, for the aforesaid cause; and the said A. B. then and there was required

immed by the said G. H. the aforesaid justice,

immediately to convey the said E. Fto the said prison, and to deliver the said E. F. to the keeper thereof, together with the aforesaid warrant. And the jurors aforesaid, upon their path aforesaid, do further present, That the said A. B. late of the parish aforesaid, in the county aforesaid, yeoman, afterwards, to wit, on the said day of, in the year aforesaid, then as aforesaid he

PP

ing one of the headboroughs of the same parish, and then having the said E. F. in his custody for the cause aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully and contemptuously did neglect and refuse to convey the said E. F. to the said ———, being such gaol and prison as aforesaid, together with the said warrant, as he the said A. B. by virtue of his said office, according to law, should and ought to have done,* to the great hindrance of justice, and against the peace, &c.

190. Indictment for a contempt by a high constable, in disobeying an order of sessions.

That at the general quarter session of the peace of our lord the king, holden at C. in and for the county of D. to wit, on, &c. before L, M, N, &c. esquires, and others their fellows, justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors committed within the same county,** it was ordered, by the same justices and court there, as followeth, to wit, it is ordered by this court," that, (set out the or der accurately,) as by the said order of court more fully appears; of which said order the said A. B. the high constable (or one of the high constables, according to the fact,) in the aforesaid order named, afterwards, to wit, on, &c. at, &c. had notice (a): nevertheless, the said A. B. late of, &c. gent. on the said day of, in the year aforesaid, (then being high constable of the said order above mentioned,) on, &c. at, &c. unlawfully and contemptuously did neglect and refuse to, (negatining the performance of the order,) as by the said order he the said A. B. was required to do, in contempt, &c. to the great hindrance and obstruction of justice, and against the peace, &c.

as in

191. Indictment against a constable for not appointing any watch, and absenting himself from watching.

That A. B. late of, &c. on, &c. yeoman, and long before, was, and still is, one of the constables (b) of the parish aforesaid, in the county aforesaid; and that the aforesaid (b) See p. 152.

(a) See p. 153.

A. B. by reason of his office aforesaid, ought to appoint sufficient watch to be kept through the whole night by men, being inhabitants of the same parish, in convenient places within the parish aforesaid, for the preservation of the peace of our said lord the king, and for the apprehending of malefactors and suspicious persons: nevertheless, the said A. B. so being such constable, and neglecting his duty in this behalf, in the night of the aforesaid day of ——, in the year aforesaid, or in any part of the said night, at the parish aforesaid, in the county aforesaid, did not appoint any watch to be kept by men, being inhabitants of the same parish, within the parish aforesaid; but then and there, the whole night aforesaid, from his said office voluntarily and obstinately did absent himself, and contemptuously did make default therein, in contempt of our said lord the king and his laws, and against the peace, &c.

192. Indictment against a constable for refusing to assist another in securing a person in custody for a breach of the peace, in contempt of a justice's order.

That on, &c. at, &c. divers disorderly persons, to the number of twenty and more, to the jurors aforesaid as yet unknown, then and there did unlawfully, riotously, and routously assemble and meet together to disturb the peace of our said lord the king; and being then and there so unlawfully, riotously, and routously assembled and met together, did commit divers outrages, to the great terror of all the liege subjects of our said lord the king, as well inhabiting and residing as passing and repassing there, and against the peace of our said lord the king, his crown and dignity; and that J. H. then being one of the constables of the said parish, did then and there apprehend and take, and cause to be apprehended and taken, the body of one D. S. late of U. in the county aforesaid, nailor, being one of the principal persons so as aforesaid unlawfully, riotously, and routously assembled and gathered together, to disturb the peace of our said lord the king as aforesaid, and the said D. S. in the custody of him the said J. H. for the cause aforesaid, then and there had; and that afterwards, to wit, on, &c. at, &c. he the said J. H. the constable aforesaid, by the order and direction of E. M. esquire, then and yet being one of the justices, (as in pr. 190 from to **,) did, in his