el, and and there, against his will, and without his consent, and also manding of the prowithout any legal warrant or authority, and without any reasecutor to sonable or probable cause whatsoever, and contrary to the sign a laws of this realm, did imprison him, and detain in prison for note, or to a long space of time, to wit, for the space of two hours then fight a dunext following; and that the said W. L. then and there, in a threatenthreatening, challenging, and provocating manner did de- ing to mand and insist that he the said T. S. should sign a certain shoot him. note for the payment of money, or that he should fight a duel with him the said W. L. and that the said T. S. having then and there refused to sign the said note, or to fight with him the said W. L. he the said W. L. did then and there immediately, with a threatening and menacing gesture, point and present a certain pistol loaded with gunpowder and leaden bullets, at him the said T. S. and declare that he would fire the said pistol at him the said T. S. if he the said T. S. would not take a certain other pistol loaded as aforesaid, (meaning for the purpose of fighting a duel with him the said W. L.) and that his the said T. S.'s not taking the said other pistol should not prevent him the said W. L. from firing at him the said T. S. to the great damage, danger, terror and affrightment of the said [*839] T. S. in contempt, &c. in violation of the public peace, good order and tranquility of this kingdom, to the evil and pernicious example, &c. and against the peace, &c. And the jurors, Second &c. do further present, that the said W. L. afterwards, to count for wit, on the said, &c. with force and arms, at, &c. aforesaid, pointing a in and him the said T. S. in the peace of God and our the prosesaid lord the king, then and there being, did unlawfully and cutor and violently make an assault, and that he the said W. L. did threatenthen and there unlawfully, wickedly and maliciously point shoot him. ing to and present a certain pistol, loaded with gunpowder and leaden bullets, at him the said T. S. and did then and there threaten that he the said W. L. would shoot him the said T.. S. with the said pistol so loaded as last aforesaid, and other wrongs to the said T. S. then and there did to the great damage, &c. in contempt, &c. to the evil example, &c. and against the peace, &c. And the jurors, &c. do further pre- Third sent, that the said W. L. being such person as aforesaid, count for a afterwards, to wit, on the said, &c. with force and arms, at, challenge. &c. aforesaid, did unlawfully, wickedly and maliciously challenge, and endeavour to provoke him the said T. S. to fight a duel with him the said W. L. in contempt, &c. in violation of the public peace, good order, and tranquility of this kingdom, to the evil example, &c. and against the Fourth peace, &c. And the jurors, &c. do further present, that count for the said W. L. afterwards to wit, on the said, &c. with common force and arms, at, &c. aforesaid, in and upon the said prisonT. S. in the peace of God and our said lord the king then ment, upon false im For as with loss into dark (1) and there being, did unlawfully and violently make an assault, and him the said T. S. then and there, against the will, and without the consent of him the said T. S. and without any legal warrant or authority, and also without any reasonable or probable cause whatsoever, and contrary to the laws of this realm, unlawfully did imprison, and detain in prison for a long time, to wit, for the space of two hours then next following, and other wrongs, &c. [Fifth count for a common assault, as ante 821.] Devonshire, to wit. That J. A. late of, &c. H. H. and J. saulting, N. late of, &c. yeoman, on, &c. with force and arms, at, &c. menacing aforesaid, the dwelling house of one J. H. there situate and of life,seiz- being, in a riotous manner, unlawfully and injuriously broke ing and and entered, and in the said dwelling house for a long time, throwing to wit, for the space of one hour then next following, unlawdungeon fully, and against the will of the said J. H. stayed and conin Exeter tinued, and during all the said time made a great noise and Castle, disturbance therein, and greatly terrified and frightened the and keep said J. H. and S. the wife of the said J. H. and then and ing him imprison- being in the said dwelling house, and in and upon the said ed there. J. H. then and there being in the peace of God and of our said lord the now king, in the same dwelling house, with [*840] force and arms, to wit, with guns, swords and pistols, bayonets, and other dangerous and offensive weapons, did make an assault, and him the said J. H. did then and there beat, bruise, kick and wound, and evilly treat, so that his life was greatly despaired of, and him the said J. H. with loss of life, member, and other bodily harm, did then and there vehemently threaten and menace, and did then and there unlawfully, injuriously and against the will of the said J. H. and without any legal warrant or authority in that behalf, seize, take and drag, and forciby carry the said J. H. from and out of his dwelling house in the parish aforesaid, in the county aforesaid, and him the said J. H. to a certain place called the castle of E. in the county aforesaid, and him the said J. H. to the castle of E. aforesaid, in a certain dark and loathsome place and dungeon there did unlawfully and injuriously put, cast, throw and imprison, and kept and detained him so imprisoned for a long space of time, to wit, for the space of twenty-four hours next following, and other injuries to the said J. H. then and there did, to the damage of the said J. H. and against the peace, &c. [Second count for assault and imprisonment as ante 835. Third count for a common assault, &c. as ante 821.] (1) See similar precedents 6 Wentw. 392. (m) This was the indictment a gainst Stubbs, 29 Geo. III. from Mr. J. Ashurst's paper books, 21. vol. 1. an as ment with- in the pa That T. S. late of, &c. yeoman, on, &c. at, &c. within the Indictpalace of our lord the now king, at W. aforesaid, in the said ment for county of M. (our said lord the king then being actually re- sault and sident, and abiding in his royal person in his said palace) false imwith force and arms, to wit, with swords, clubs and other of- prisonfensive weapons, in and upon one E. P. esquire, then and there being in the peace of God, and of our said lord the lace. (m) king, made an assault, and then and there beat, wounded and ill treated him, so that his life was greatly despaired of, and and then and there imprisoned him, and kept and detained him in prison for a long space of time, to wit, for the space of twenty-four hours, and then and there did other wrongs to the said E. P. to the great damage of the said E. P. to the great annoyance and disturbance of our said lord the king, in manifest contempt, &c. to the evil and pernicious example, &c. and against the peace, &c. And the jurors, Second &c. do further present, that the said T. S. afterwards, to count wit, on the said, &c. at, &c. aforesaid, within the palace of our said lord the now king, at W. aforesaid, with force and arms, to wit, with swords and other offensive weapons, made another assault upon the said E. P. then and there being in the peace of God and of our said lord the king, and then and there again beat, wounded, and* ill treated him, so that his life was greatly despaired of, [*841] and then and there imprisoned him, and kept and detained him in prison for a long space of time, to wit, for the space of twenty hours, and then and there did other wrongs to the said E. P. to the great annoyance, &c. [as before.] And the Third jurors, &c. that the said T. Š. afterwards, to wit, on the said, count: &c. at, &c. aforesaid, within the limits of the palace of our said lord the now king, at W. aforesaid, in the said county of M. with force and arms, to wit, with swords and other offensive weapons, made another assault upon the said E. P. then and there being in the peace of God and of our said lord the king, and then and there again beat and wounded and ill treated him, so that his life was greatly despaired of, and then and there imprisoned him, and kept and detained him in prison for a long space of time, to wit, for the space of twenty hours, to the great annoyance, &c. [as before.] 272 For ex torting money INDICTMENTS FOR THREATS-AT COMMON LAW. That W. W. late of, &c. being a person of an evil and dishonest mind, and wickedly and maliciously intending and under pre- contriving by wicked, unlawful and unjust means to obtain tence of the monies of divers true and honest subjects of our said lord prosecut- the king, for the maintenance and support of his evil course ing for an of living, and wickedly, unjustly* and unlawfully contriving unnatural crime (n) and intending to extort and procure a large sum of money [842*] from one S. M. on, &c. with force and arms, at, &c. aforesaid, unlawfully and unjustly, and with a most wicked design and intent to extort, acquire and obtain money from the said S. M. did falsely and wickedly charge and accuse one J. M. the son of him the said S. M. then and there being a good, true, faithful and honest subject of our said lord the king, with the most horrid and detestable crime of attempting to commit sodomy on him the said W. W. and did then and there unlawfully and wickedly menace and threaten the said S. M. that he the said W. W. would prosecute the said J. M. for such pretended offence, unless he the said S. M. would then and there give and deliver his promissory note in writing to him the said W. W. for the payment of 210/. for his forbearance to prosecute the said J. M. for the said supposed offence. And the jurors, &c. do further say, that afterwards, to wit, on the said, &c. at, &c. aforesaid, in prose (n) From Mr. J. Ashurst's paper books 19 vol. 34. If the note given in this case was written on the paper, &c. of the party injured, and was given immediately, there can be no doubt that the crime amounted to robbery. See ante post as to promissory notes, &c. being subjects of larceny. And even if time intervened, so that the prosecutor was not under the influence of fear, there is no doubt the attempt would be indictable as a misdemeanour at common law. But to make the attempt indictable as to constitute the offence robbery, the threat must be of such a nature as to overawe a firm and prudent man. Of this kind is clearly the threat laid in the above precedent, as will be seen by analogy to the cases of robbery. But to threaten to institute a prosecution to recover penalties under a penal statute is not of this description, and no indictment will lie at common law, though it might under 18 Eliz. for regulating common informers, 6 East, 126. The case in which the next indictment arose is very distinguishable from thisthere was an actual duress sufficient to have avoided a bond; and though in order to make such threats indictable there must be either actual force, or such a threat as common firmness is not capable of resisting; both need not concur, id. ibid. Almost all cases of this kind which do not amount to actual robbery, are now severely punished by statutes. See ante 807. Assaults with intent to rob, and post 843 as to threatening letters. When no indictment lies for threatening words and other threats, 2 Lord Raym. 857. 1 Sess. C. 213, 4 Bla. C. 201. cution of his said malicious and wicked intent, and by means of his said wicked menaces and threats, he the said W. W. did then and there extort, obtain, and procure from the said S. M. a certain note in writing, subscribed with his own hand, whereby the said S. M. did promise to pay to the said W. W. the sum of 210/. in the proportions following, that is the sum of 1057. part thereof on the fifth of April next after the making of the said note, and the remaining 1057. at Martinmas then following. Whereas in truth and in fact, he the said J. M. the son of the said S. M. never was guilty of the said pretended offence, or any other offence of the like natúre, to the great damage of the said S. M. to the evil example, &c. and against the peace, &c. to say, money by ed and pil That M. W., J. S. and W. J. unlawfully and fraudulently For obcontriving and intending to cheat and defraud one P. S. of taining his money, on, &c. having the same P. S. in their custody he imprisoned and detained by the color and pretence of a cer- ing to have tain warrant by the said M. J. and W. J. then and there de- the party puted by R. L. sheriff, assigned to keep the peace in the imprisoncounty of M. against the same P. S. unlawfully and unjustly loried for laid such and so great threats upon him concerning the pro- perjury. curing him to be committed to the gaol of the queen at New- (0) gate, and to be imprisoned in the same, and to stand in and on a pillory for perjury, mentioned in the warrant, unless he the said P. S. should pay to M. W. the sum of twenty shillings, and should give his writing for the payment of the sum of fifty shillings, to the said M. W. within fourteen days then next* following, and also should give a general release to the same M. W. so that the same P. S. by the threats aforesaid, laid upon him as aforesaid, and for the obtaining of his liberty then and there was forced and obliged to, and then and there did give and pay to the said M. W. the sum of twenty shillings of lawful money, &c. and did then and there sign his certain writing for the payment of the sum of fifty shillings to the same M. W. within fourteen days then next following, and did then and there deliver the same to the said M. W. and did also then and there deliver a certain writing of general release of him the said P. S. to the said M. W. and other wrongs to the said P. S. then and there did, to the great damage of the said P. S. in contempt, &c. to the evil example, &c. and against the peace, &c. (0) This was the indictment against Woodward and others, translated from 6 East, 133, in notes. [*843] |