Saint George Bloomsbury, or either of them, but situate and being in the said parish of Saint Anne, and close to and adjoining upon a certain common street and public king's highway in the said last mentioned parish, called D. Street, and near to the dwelling houses of divers liege subjects of our said lord the king, in the said last mentioned parish situate and being, without the consent and against the will of the owners and occupiers of the said last mentioned dwelling houses, and of the other parishoners and inhabitants of the said parish of Saint A. and that in pursuance of the said last mentioned unlawful combination and conspiracy, they the said T. W., J. K. and H. D., wrongfully and unlawfully, afterwards, to wit, on, &c. to wit, at, &c. did obtain and procure a certain other large messuage and building so situate and being out of the said parishes of Saint Giles in the Fields, and Saint George Bloomsbury, and of each of them, and in the said parish of Saint A. and close to and adjoining upon a certain common and public street and king's highway there, called D. Street, and near to the dwelling houses of divers liege subjects of our said lord the king, in the said last mentioned parish situ ate and being, and did then and there wrongfully and unlawfully keep and maintain, and from that time hitherto have kept and maintained, and still do keep and maintain, in the same messuage, &c. [as in first count to the end.] And the Third jurors, &c. do further present, that the said T. W., J. K. count. and H. D., being such inhabitants of the said parishes of [*662] Saint George Bloomsbury, and Saint Giles in the Fields, in the county of M. afterwards, to wit, did on, &c. at, &c. unlawfully combine, conspire, confederate and agree, among themselves and together with divers other persons, whose names are to the said jurors at present unknown, to cause and procure divers and very many other poor persons, to a great and unreasonable number, to wit, to the number of two hundred and more, being legally settled in the said parish of Saint Giles in the Fields, and also divers other poor persons, to a great and unreasonable number, to wit, the number of two hundred and more, being legally settled in the said parish of Saint George Bloomsbury, and being respectively maintained and supported by and by means of the rates and assessments made for the relief and maintenance of the poor of the said parishes of Saint Giles in the Fields, and Saint George Bloomsbury, to be placed in, and to dwell and inhabit, and be maintained and supported, in a certain messuage and building, not being within the said parishes of Saint Giles in the Fields, and Saint George Bloomsbury, or either of them, but situate and being in the said parish of Saint Anne, and close to and adjoining a certain common street and Crim. Law. VOL. III. N Fourth count. public king's highway in the said last mentioned parish, called D. Street, and near to the dwelling houses of divers liege subjects of our said lord the king, in the said last mentioned parish situate and being, without the consent and against the will of the owners and occupiers of the said last mentioned dwelling houses, and of the other parishoners and inhabitants of the said parish of Saint Anne, and that in pursuance of their unlawful combination and conspiracy last mentioned, they the said T. W., J. K. and H. D., wrongfully and unlawfully afterwards, to wit, on &c. to wit, at, &c. did obtain and procure, &c. [as in the second count to the end.] And the jurors, &c. do further present, that the said T. W., J. K. and H. D., unlawfully devising and intending to injure, aggrieve, and prejudice divers liege subjects of our said lord the king, being respectively owners and occupiers of certain messuages and buildings, situate and being in and by the side of a certain common and public street and king's highway, called D. Street, in the parish of Saint A. within the liberty of Westminster, in the county of Middlesex, by rendering their habitation in the same dwelling houses uncomfortable and inconvenient, and by lessening the value thereof, did afterwards, to wit, on, &c. at, &c. unlawfully combine, conspire, confederate and agree, among themselves,and together with divers other ill disposed persons, whose names are to the said jurors at present unknown, to cause and procure divers [*663] and* very many other poor persons, to an unreasonable and great number, to wit, the number of four hundred and more, not belonging to or being settled in the said parish of St. A. but being maintained and supported by and by means of the rates and assessments made for the relief and maintenance of the poor of the parishes of St. Giles in the Fields, and St. George Bloomsbury, in the county of Middlesex, and part thereof belonging to the said parish of St. Giles in the Fields, and the residue thereof to the said parish of St. George Bloomsbury, to be placed in, and to dwell and inhabit, and be maintained and supported, in a certain messuage and building, situate and being out of the said parishes of St. Giles in the Fields, and St. George Bloomsbury, and of each of them, and in the said parish of St. A. and close to and adjoining upon the said last mentioned street, called D. Street, and near to the said dwelling houses last mentioned, there situate as aforesaid, without the consent and against the will of the owners and occupiers of the said last mentioned dwelling houses, and that in pursuance of their said last mentioned unlawful combination and conspiracy, they the said T. W., J. K. and H. D., did afterwards, to wit, on, &c. to wit, at the parish of St. A. aforesaid, wrongfully and unjustly, without the consent and against the will of the owners and occupiers of the said last mentioned dwelling houses, place, keep and maintain, and from that time hitherto have kept and maintained, and still do keep and maintain, in a certain messuage and building, situate and being out of the said parishes of Saint Giles in the Fields, and Saint George Bloomsbury, and of each of them, and in the said parish of Saint A. and close to and adjoining upon the said last mentioned street, called D. Street, and near to the said last mentioned dwelling-houses there situate as aforesaid, divers and very many other poor persons, to a great and unreasonable number, to wit, the number of four hundred and more, not belonging to or being settled in the said parish of Saint A. but being maintained and supported, by and by means of the rates and assessments made for the relief and maintenance of the poor of the said parishes of Saint Giles in the Fields and, Saint George Bloomsbury, and part thereof belonging to the said parish of Saint Giles in the Fields, and the residue thereof to the said parish of Saint George Bloomsbury, to the great damage, injury and annoyance of the owners and occupiers of the said last mentioned dwelling houses, so situate as aforesaid, in contempt, &c. to the evil example, &c. and against the peace, &c. smith's [Commencement as ante 2.] That A. B. late of, &c. on, For keep&c. with force and arms, at, &c. in a certain shop or pre- ing copmises there, near* the dwelling houses of divers liege sub- per jects of our said lord the king, and also near divers streets shop so as and common highways there, unlawfully and injuriously did to annoy set up, and from thence until the day of taking the said in- the neighbourhood, quisition, did use, exercise and carry on the trade and busi- (m) ness of a copper-smith, and during that time, to wit, on, &c. [#664] and on divers other days and times, between that day and the day of taking this inquisition, at early, late and unseasonable hours, and at divers other times, at, &c. aforesaid, unlawfully and injuriosly made and caused to be made divers loud, terrible, and tremendous sounds and noises, in the said shop and premises, to the great damage and common nuisance of all the liege subjects of our said lord the king, not only near the same shop and premises inhabiting and residing, but also in, by, and through the said streets and common highways, then going, passing, and returning, to the evil, &c. and against the peace, &c. [Commencement as ante 2.] That E. L. late of, &c. to For carrywit, on, &c. and on divers other days and times between that ing on the (m) This precedent is from the Peake, Rep. 91. MS. of a gentleman at the bar. See trade of a near seve (n) brazier so day and the day of taking this inquisition with force and arms, ral dwell at, &c. aforesaid, in a certain work shop, there situate near ing houses the dwelling houses, chambers, and residences of divers subas to be a jects of our said lord the king, therein dwelling and residing, nuisance. and also near divers public king's common highways, there unlawfully and injuriously did set up, exercise, and carry on the trade and business of a tinman and brazier, and on the said, &c. and on the other days and times aforesaid, there, at early hours in the morning, and in the day time, and at late hours in the nights of the days aforesaid, unlawfully and injuriously did make, and cause and procure to be made, divers loud, harsh, tremendous, and annoying sounds and noises, by then and there hammering, and striking, and causing and procuring to be hammered and stricken, divers tin, brass, and copper instruments and utensils, and divers pieces of tin, brass, and copper, and other metals, with divers large hammers, and other implements and instruments, by reason whereof the said subjects of our said lord the king, so dwelling, residing, and living in the said dwelling-houses, chambers, and residences, near to the said work-shop, on the several days and times, were and still are greatly annoyed, and disturbed, and incommoded in the use, occupation, and enjoyment of their said dwelling houses chambers and residences, and greatly interrupted in the exercise and pursuit of their [*665] respective lawful professions, business, and transactions,* and deprived of their natural rest and sleep, and rendered and made in other respects very uncomfortable, and thereby also the subjects of our said lord the king, in and through, and along the common highway aforesaid, passing, repassing and travelling, were and are greatly annoyed and disturbed, to the great damage, &c. [conclusion as ante 664.] And the jurors, &c. do further present, that the said E. L. on the said, &c. and on the other days and times aforesaid with force and arms, at, &c. aforesaid, near to the chambers and residences of divers subjects of our said lord the king here situate, unlawfully and injuriously did make, and cause and procure to be made divers great and loud sounds and noises, by then and there, to wit, on the days and times aforesaid, hammering and striking, and causing to be hammered and stricken, divers utensils of tin, brass and copper, and divers pieces of tin, brass and copper, and other metals, with divers large hammers and other implements and instruments. By (n) This was the indictment against Lloyd, A. D. 1800, and settled by an eminent crown lawyer. The defendant was not convicted, as the prosecutor could not prove that the annoyance was a public nuisance. reason whereof the subjects of our said lord the king, residing and living near to the said place, where the said last mentioned sounds and noises were so made as aforesaid, were and still are greatly annoyed and disturbed in the occupation and enjoyment of their said chambers and residences, to the great damage, &c. [conclusion as ante 664.] and de. stroying a Surrey. That A. B. late of, &c. C. D. late of, &c. and For cutdivers other persons (to the jurors aforesaid as yet unknown) ting down being wicked and malicious persons, and not regarding the laws and statutes of this realm, nor the pains and penalties turnpiketherein contained, on, &c. at, &c. aforesaid, a certain turn- gate. (0) pike gate, there set up and erected, to prevent passengers from [*666] passing by without paying the toll laid, and directed to be paid by an act of parliament, made in, &c. intituled, An act, &c. [here set out the title of the act, under which the toll is collected] with force and arms, wilfully, maliciously, and feloniously, did throw down, level and destroy, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. That W. R. late of, &c. at the several times of the commit- Indict (*) See a similar precedent, Cro. C. C. 474.7 Ed. 740. 2 Starkie, 560. This indictment is framed upon the 13 Geo. III. c. 84. s. 42., by which it is enacted, that if any person shall, either by day or night, wilfully or maliciously pull down, pluck up, throw down, level, or otherwise destroy any turnpike-gate, or any post, rail, wall, or any chain, bar, or other fence belonging to any turnpike-gate or any other chain, bar or fence of any kind whatsoever set up or erected, to prevent passengers from passing by without paying any toll laid or directed to be paid by any act or acts of parliament, made for that purpose, or any house or houses erected for the use of any such turnpike-gate, or any crane, machine or engine made or erected on any turnpike road by authority of parliament for weighing waggons, carts or carriages, or shall forcibly rescue any person being lawfully in custody of any officer or other person, for any of the offences beforementioned, he shall be adjudged guilty of felony, and either transported for seven years to our foreign plantations, or imprisoned for ment against sur obtained any term, not exceeding three years, veyor of (p) This was the indictment A. D. |