our said lord the king as aforesaid, he the said P. B. in order to complete, perfect and bring to effect his said most unlawful and wicked purposes, afterwards, that is to say, upon the said, &c. at, &c aforesaid, did again wickedly, unlawfully, openly and maliciously, by and in the presence and hearing of him the said G. S. and without any just cause or provocation whatsoever,* but of his malice aforethought, in a [*859] threatening, challenging and provocative manner speaking to him the said G. S. with these threatening and provocative words following, that is to say, I, (meaning himself the said P. B.) have been told, &c. &c. [same as in first count,] with a design and intention to instigate, incite, move and provoke the said G. S. to fight a duel with him the said P. B. as aforesaid, and thereby to cause the said G. S. to break the peace of our said lord the king as aforesaid, and other mischiefs upon him the said G. S. he the said P. B. did then and there with force and arms unlawfully and maliciously bring, to the great damage, scandal and disgrace of him the said G. S. in contempt, &c. [Third and fourth counts like the first and second, omitting the parts in Italic.] And the jurors, &c. that Fifth that the said P. B. on, &c. at, &c. aforesaid, did again wick- count. edly, unlawfully, openly and maliciously, and in the presence and hearing of him the said G. S. and without any just cause or provocation whatsoever, challenge and as much as in him the said P. B. lay, endeavour to move, incite, instigate and provoke him the said G. S. to fight a duel with him the said P. B. and thereby to cause him the said G. S. to break the peace of our said lord the king as aforesaid, and other mischiefs upon him the said G. S. did then and there bring, to the great damage, &c. of him the said G. S. in contempt, &c. &c.

verbal

assault,

That L. C. late of, &c. being a person of a wicked and ma- Informalicious mind, and of an unruly and turbulent disposition, and tion for a not having the fear of God before his eyes, but being moved challenge and seduced by the instigation of the devil, and wickedly, to fight a unlawfully and maliciously devising and intending to move, duel, and incite, instigate and provoke one H. D. to fight a duel with a violent him the said L. C. and thereby to kill and murder him the beating, said H. D. and to cause him the said H. D. to break the throwing peace of our said lord the king, upon, &c. by force and arms, on the at, &c. aforesaid, did wickedly, unlawfully, openly and mali- ground, leaving ciously challenge, and (as much as in him the said L. C. lay) senseless, endeavour to move, incite, instigate and provoke him the said &c. (f) H. D. to fight a duel with him the said L. C. (he the said L.

(f) From Hand. Prac. 186.

Fifth

count.

C.) then and there unlawfully, wickedly, maliciously and openly, and in the presence and hearing of him the said H. D. and without any just cause or provocation whatsoever, but out of his malice aforethought, speaking and uttering these hostile, threatening, challenging and provocative words following, that is to say, You (meaning the said H. D.) wear. a sword, do you? damn you, (again meaning the said H. D.) [860] I (meaning himself the said L. C.) have a mind to beat* out your brains with this stick (meaning a certain stick which the said L. C. had then and there in his hands) and drag you (again meaning the said H. D.) through the kennel. By means whereof he the said H. D. was then and there put under the utmost fear and apprehension of losing his life; and other mischiefs upon him the said H. D. he the said L. C. did then and there by force and arms bring, to the great damage, &c. in contempt, &c. to the evil and pernicious example, &c. and against the peace, &c. [Second count like the first, only charging the words, You wear a sword, do you? Third count charging the remainder of the words. Fourth, omitting the words altogether.] And the said coroner and attorney, &c. that the said L. C. in order the sooner to bring about and accomplish his said most unlawful and wicked purposes as aforesaid, afterwards, that is to say, on, &c. by force and arms, at, &c. aforesaid, in and upon the said H. D. being then and there in the peace of God and of our said lord the now king, did unlawfully and violently make an assault and affray, and him the said H. D. he the said L. C. did then and there by force and arms, unlawfully and violently take in his arms, and with all his force and might throw and dash down upon and against the ground, he the said L. C. then and there unlawfully, wickedly, maliciously and openly, and in the presence and hearing of the said H. D. and without any just cause or provocation whatsoever, but out of his malice aforethought, speaking and uttering these hostile, threatening, challenging and provocative words following, that is to say, I (meaning himself the said L. C.) will teach you (meaning the said H. D.) to wear a sword: which words he the said L. C. then and there spoke and uttered as aforesaid, with a further intention to move, incite, instigate and provoke him the said H. D. to fight a duel with him the said L. C. in order to kill and murder him the said H. D. and to cause him the said H. D. to break the peace of our now said lord the king. And the said coroner, &c. that the said H. D. had no sooner recovered himself from the ground on which he the said L. C. had so thrown and dashed him the said H. D. as aforesaid, and got upon his legs, but the said L. C. did immediately then and there by force and arms, unlawfully and violently hit and strike him the said H. D. over the

head of him the said H. D. several grievous and violent strokes and blows with a naked sword which he the said L. C. had then and there held in his hands, whereby the said H. D. was then and there knocked down to the ground as aforesaid, and him the said H. D. being so knocked down to the ground as aforesaid, he the said L. C. did then and there by force and arms, unlawfully and violently beat and strike with his fist, and about his the said H. D.'s head, breast, back, arms, shoulders and several other parts [*861] of his body, by reason whereof he the said H. D. then and there remained and continued upon the ground for a long time, to wit, for the space of half an hour then next following and upwards, quite stupified and senseless, and as one that was almost dead, also by means thereof he the said H. D. was then and there very much hurt and bruised, in and about his head, breast, back, arms, shoulders and several other parts of his body, and put under the utmost fear and apprehension of losing his life, and also by reason thereof he the said H. D. then and there remained and continued for a long time, to wit, for the space of six hours then next following and upwards, quite speechless, and also during that time and for the space of ten days next following and upwards, he the said H. D. remained and continued very ill and weak, and in a very dangerous and languishing condition occasioned by the means aforesaid, that is to say, at, &c. aforesaid, and other mischiefs upon him the said H. D. he the said L. C. did then and there by force and arms unlawfully and violently bring, to the great damage, &c. [as ante 860. There were other counts charging only parts of the violence, and a count for a common assault.]

ter incit

That A. B. late of, &c. unlawfully and maliciously intend- For writing to do great bodily harm and mischief to R. G. T. and to ing a letbreak the peace, &c. on, &c. with force and arms, at, &c. wick- ing anoedly and maliciously did endeavour to stir up, provoke and ther to excite the said R. G. T. to challenge the said A. B. to fight a send a duel with him the said R. G. T. by then and there writing, challenge to fight a sending and delivering to him R. G. T. a scandalous, malicious duel. (8) and provoking letter from the said A. B. to the said R. G. T. to the tenor and effect following, viz. No. 28 Orchard-street, 1st. June, 1803, Sir, (meaning the said R. G. T.) (h) it will, I, (meaning the said A. B.) conclude, from the description you gave of your feelings and ideas with respect to insult, in a letter to Mr. Jones of last Monday's date, be sufficient for me to tell you that in the whole of the Carmarthenshire elec

(g) This was the indictment against Phillips, and held as suffi cient, 6 East 464. see notes ante. Crim. Law.

(h) See the doctrine of innuendoes explained post 873, 4. as to libels.

VOL. III.

tion business, as far as it relates to me, you have behaved like a blackguard; I shall expect to hear from you on this subject, and will punctually attend to any appointment you may think proper to make (meaning that the said A. B. would punctually attend to any appointment that the said R. G. T. might think proper to make for the purpose of his fighting a duel with and against the said R. G. T.) signed by the said [*862] R. G. T. with intent to stir up, provoke and excite the said R. G. T. to challenge the said A. B. to fight a duel with him, &c. against the peace, &c.

For assaulting a person

and pro

voking to

fight by opprobri.

ous lan

That R. B. late of, &c. being a disturber of the peace of our said lord the king, on, &c. with force and arms, at, &c. aforesaid, in and upon one W. C. in the peace of God and our said lord the king then and there being, did make an assault, and with threats and opprobrious language, then and there wickedly and maliciously did stir up, provoke, and exguage. (i) cite him the said W. C. to fight a battle against him the said R. B. and further, that the said R. B. afterwards, to wit, on the same day and year abovementioned, at, &c. aforesaid, came with force and arms, and with threats and opprobrious language then and there wickedly and maliciously did stir up, provoke and excite him the said W. C. then and there being in the peace of God and of our said lord the king, to fight against him the said R. B. a duel with swords and pistols, and other wrongs to the said W. C. then and there did, to the great damage and terror of him the said W. C. in contempt, &c. to the evil example, &c. and against the peace, &c.

For sending a chal

lenge about mo

a game

called pass dice. On

14. s. 8.

That G. S. late of, &c. esquire, being a person of quarrelsome and turbulent temper and disposition, and a disturber of the peace of our said lord the king, on, &c. with force and ney lost at arms, at, &c. in, &c. unlawfully and maliciously did challenge J. M. esquire, a peaceable subject of our said lord the king, to fight with him the said J. M. on account of money then 9 Ann. c. and there won by the said J. M. of the said G. S. by then and there gaming and playing at dice with the said G. S. at a certain game called pass dice, or hazard, (k) to the great damage of the said J. M. in contempt, &c. and against the peace, &c. and also against the form of the statute, &c. And the jurors, &c. do further present, that the said G. S. being such person as aforesaid, afterwards, that is to say, on, &c, with force and arms, at, &c. unlawfully and maliciously did provoke the said J. M. to fight him the said G. S. on account

' (j)

(i) See a similar precedent, Cro. C. C. 102.

(j) See similar precedents, 4 Wentw. 317. 2 Starkie, 407. see the act recited and notes ante 833. on

assaults on account of money won at gaming.

(k) As to stating the name of the game, see ante 833.

of money then and there won by the said J. M. of the said G. S. by then and there playing at dice with the said G. S. at a certain game called pass dice, to the great damage of, &c. in contempt, &c. and against the peace, &c. and also against the form, &c. [Counts for an assault on account of money won at play, were added as ante 833.]

INDICTMENTS FOR MALA PRAXIS.

That* A. the wife of T. A. late of, &c. gentleman, being a [*863] person of wicked mind and disposition, and unlawfully, wick- Against a edly and injuriously minding and intending to impose upon and midwife for engag deceive divers liege subjects of our said lord the king, under ing the dethe false colour and pretence that she the said A. A. was well livery of a skilled in the art, profession or calling of a midwife, and that woman, she was of sufficient knowledge and ability to undertake and and so unskilfully practice the said art, profession or calling, and to execute and using the perform the duties of such art, and also unlawfully, &c. go- art that ing about and causing and procuring herself the said A. A. she died. to be engaged, retained and employed by divers liege sub- () jects of our said lord the king, in the delivery of pregnant women, for large sums of money to be paid to her the said A. A. for such her pretended skill in the said art, &c. of a midwife, on, &c. with force and arms, at, &c. unlawfully did set up and practice the said art of a midwife. And the jurors, &c. do further present, that the said A. A. so having set up, used and practised the said art, &c. on, &c. at, &c. in pursuance of her aforesaid wicked intentions, did cause and procure herself the said A. A. to be retained and employed in the said art, &c. to deliver one M. D. then the wife of J. D. of the parish and county aforesaid, butcher, of a certain male child with which she the said M. D. was then and there pregnant, for a certain large sum of money to be thereupon paid to her the said A. A. for her attendance on the said M. D. and for her skill and ability in the said art, &c. of a midwife, and the said A. A. then and there unlawfully, &c. did undertake to deliver the said M. D. of the said male child with which she was then pregnant as aforesaid, and did then and there unlawfully, &c. falsely pretending that she the said A. A. was of sufficient skill and ability and of sufficient knowledge in the said art, &c. of a midwife to execute and perform the same. And the jurors, &c. do further present, that the said A. A. not regarding the life of the said M. D. or of the

(7) From 4 Wentw. 360. see other precedents, Vet. Int. 231. Trem. P. C. 242.