such bank." Under the act for which this was substituted [5 Geo. 3. c. 14. s. 6.], and which extended only to rabbits, it was holden that the taking a rabbit in a snare was sufficient to constitute the offence, though the rabbit was neither killed nor taken away by the snarer; (q) and the same principle of construction will apply to the more

recent statute.

Indictment under this clause.

That A. B. late of &c. on &c. in the night time, that is to say, Indictment unabout the hour of three o'clock in the morning of the night of the same der 7 and 8 day, at &c. in a certain warren and ground of C. D. there situate, Geo. 4. c. 29. then lawfully used for the breeding and keeping of conies (or hares), s. 30. for taking ten conies (or hares) then and there being found, then and there in or killing hares the said warren and ground unlawfully and wilfully did take (or or conies, in kill, or "take and kill," according to the fact) against the form of the statute, &c. and against the peace.

§ 15. INDECENCIES.

To this head may be referred all offences against religion and public worship; all opprobrious libels on the King, or inferior public functionaries; seditious words, and insults offered to magistrates in the discharge of their duty; and all violations of decency, as the publication of indecent books, the exhibition of indecent pictures, or the indelicate exposure of the person in public places; which, we have seen, are offences, at common law, punishable by fine and imprisonment.

1. Offences against Religion and Public Worship.

2. Offences against the King, Government, and Magistrates. 3. Offences against Public Decency.

1. Offences against religion and public worship.

Indictments.

warrens or

breeding grounds, in the night time.

That A. B. late of &c. butcher, on &c. and continually after- Indictment at wards until the day of taking this inquisition, at &c. was and yet is common law for a common sabbath-breaker and profaner of the Lord's day, com- an open profamonly called Sunday, and that the said A. B. on &c. being the nation of the Lord's day, and on divers other times, being the Lord's days, during Lord's day. (r)

8

The King v. Glover, Russ. and Ry. 269.

Violations of the laws relative to the sabbath are generally punishable by summary proceedings before magistrates; but it seems that the keeping an open shop on that day is considered as a breach of public decency, and as such indictable at common law; See 4 Bla. Com. 63; 1 East. P. C. c. 5.

Indictment at

during divine

service.

the time aforesaid, at &c. in a certain place there called &c. did keep a common, public, and open shop, and in the same shop did then and on the said other days and times, being the Lord's days, there openly and publicly sell and expose to sale flesh meat to divers persons, to the jurors aforesaid unknown, to the common nuisance of all the liege subjects of our said Lord the King, and against the peace, &c.

That A. B. late of &c. and C. D. late of &c. on &c. being the common law for Lord's day, commonly called Sunday, wickedly, irreligiously, and an outrage com- in contempt of public worship, in the parish church of the said mitted at church parish of there, during the celebration of divine service, divers, to wit, three footstools, the property of one G. H. in a certain pew of him the said G. H. then and there being, from the proper place of and for the same, wantonly and unlawfully did remove, and then and there did unlawfully and wantonly throw and cast the said footstools at and amongst the congregation then and there assembled, and engaged in attendance on divine worship there, and did thereby and by means thereof, unlawfully and irreverently occasion a great disturbance, and did obstruct and hinder one J. K. clerk, then and there being minister of the parish church aforesaid, in the execution of his office, and in the reading of divine service, in contempt of public worship, and against the peace, &c.

For disturbing dissenting congregation on statute 52 Geo. 3. c. 155. (s)

That A. B. late of &c. and C. D. late of &c. on &c. with force and arms, at &c. did during the time of divine worship, unlawfully, wilfully, maliciously, and contemptuously disquiet and disturb a certain congregation of Protestant dissenters from the church of England, being then and there lawfully assembled for the purpose of religious worship, in a certain chapel, situated, standing, and being in the parish aforesaid, in the county aforesaid, the said chapel being then and there duly certified and registered, pursuant to the

(s) The 52 Geo. 3. c. 155. s. 12. enacts, "That if any person or persons do and shall wilfully and maliciously or contemptously disquiet or disturb any meeting, assembly, or congregation, of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending upon proof thereof before any justice of the peace, by two, or more, credible witnesses, shall find two sureties to be bound by recognizances, in the penal sum of fifty pounds, to answer for such offence, and in default of such surties shall be committed to prison, there to remain till the next general or quarter sessions, and upon conviction of the said offence at the said general or quarter sessions, shall suffer the pain and penalty of forty pounds." It is not necessary in support of the above indictment to prove the taking of the oath required by the act; but if proved, it must be by the record, and not by parol evidence; Peake, R. 132. Upon this act, if several persons join in the outrage complained of, and all be jointly indicted, each is severally liable to the penalty of 401.

statute in such case made and provided, in contempt of public worship, against the form of the statute, &c. and against the peace, &c.

And the jurors aforesaid, upon their oath aforesaid, do further Second count. present, that the said A. B. and C. D. afterwards (to wit) on the said. &c. with force and arms, at &c. did, during the time of divine worship, unlawfully, wilfully, maliciously, and contemptuously disquiet and disturb a certain other congregation of Protestant dissenters from the church of England, being then and there duly and lawfully assembled, for the purpose of religious worship, in a certain meeting house situate, standing, and being in the parish, aforesaid, in the county aforesaid, the said last mentioned meeting-house being then and there duly certified and registered pursuant to the statutes in such case made and provided, in contempt of public worship, against the form of the statute, &c. and against the peace, &c.

2. Offences against the King, government, and magistrates.

Indictments.

That O. P. late of &c. being a wicked, malicious, seditious, and Indictment for evil disposed person, and greatly disaffected to our said Lord the a libel on the King, and to his administration of government of this kingdom, and king. unlawfully, maliciously, and seditiously contriving, devising and intending to scandalize, traduce, and vilify our said Lord the King, (t) and to alienate and withdraw the fidelity, affection, and allegiance of his said Majesty's subjects, from his said Majesty's person and government, on &c. at &c. unlawfully, maliciously, and seditiously did publish, and cause to be published, a certain pamphlet entitled (here specify the title of the work verbatim) containing therein, among many other things, certain scandalous, malicious, inflammatory, and seditious matters of and concerning our said Lord the King, (u) that is to say (here set out libel with proper inuendoes) (v)

(t) Indecent writings published, and like words uttered, against the monarch, and other persons exercising the power of the government of the country, were conceived to be more appropriately comprehended under this title, than under that of LIBEL, which latter is, therefore, in this work, wholly confined to private libels, or libels on private subjects.

(u) These words in italics make a necessary part of every indictment for a libel. If omitted, they cannot be supplied by a statement in the introductory part, that the defendant intended to vilify” the person actually the subject of the libel; nor by a conclusion that it is "to the injury, &c. of such person or other words to that, or similar effect. The King v. Marsden, 4 M. and S. 164.

(v) An inuendo, says Mr. Chitty, (3 C. L. 873.) is defined to be a mode of explaining some matter already expressed; it serves to point out where there is precedent matter, but can never introduce a new charge; it may elucidate what is already averred, but cannot add to, or enlarge, or alter, its sense; 2 Salk, 513; 1 Ld. Raym. 256; 12 Mod. 139; 9 East, R. 95. It signifies nothing more than the words," id est,” “scilicet," or "meaning," or "aforesaid,” as explanatory of a matter already set forth; as C. D. (meaning the defendant,) or that subject (meaning the subject in question); Cowp. 684. And, therefore, if it be intended to explain any thing, the matter must first be put on the

Second count.

Indictment for seditious words spoken of the King, &c.

in contempt of onr said Lord the King and his laws, and against the peace, &c.

And the jurors, &c. do further present, that the said O. P. so being such a person as aforesaid, and so devising, contriving, and intending as aforesaid, afterwards, to wit, on &c. aforesaid, at &c. unlawfully, maliciously, and seditiously did publish and cause and procure to be published, a certain other printed pamphlet containing therein amongst other things, certain scandalous, malicious, inflammatory and seditious matters of and concerning our said Lord the King, according to the tenor and effect following, that is to say, (state other libellous matter with different inuendoes,) against the peace, &c.

That A. B. late of &c. contriving and intending the liege subjects of our said Lord the King, to incite, and move to hatred and dislike of the person of our said Lord the King, (w) and of the government established within this realm, on &c. at &c. in the presence and hearing of divers liege subjects of our said Lord the King, maliciously, unlawfully, wickedly, and seditiously did publish, utter, and declare with a loud voice, of, and concerning our said Lord the King,

record which it is to explain; thus the words, "he has burnt my barn,” cannot by inuendo be taken to mean a barn full of corn, 4 Co. 20. a; but if it had been stated before by way of inducement, that the owner had a barn full of corn, and then the inuendo had referred to it as such, the meaning would have been complete; 1 Saund. 243; 1 Chitty on Pleading, 383. And if any use be made of the inuendo which is thus imperfect, it cannot be rejected as surplusage, nor will it be cured by verdict; 1 Ld. Raym. 256. Thus, if a place be named as N. and afterwards explained by inuendo, to mean N. in Devonshire, though, in the assignment of perjury, it be stated generally that the defendant was not at N. it will be taken to refer to the whole inuendo, and if that be defective, the error will be fatal; 1 Ld. Raym. 261. However, where the oath of the defendant was that he had been arrested before he got to his own house, in the parish of St. Martin's-in-the-fields, an inuendo his house in the Hay-market, in St. Martin's, &c. is good as only a more particular description of the same house so an oath being that the defendant was arrested upon the steps of his own door, an inuendo that it was the outer door is good; 1 T. R. 70. But where the inuendo and the matter it introduces are altogether impertinent and immaterial, it may be rejected as superfluous; 1T. R. 65; 9 East, R. 93.

(w) Speaking contemptuously of the King, is by cursing him, or the like, or giving out (publicly declaring) that he wants steadiness, wisdom, or valour, or in general doing any thing which may lesson him in the esteem of his subjects, and weaken his government, or raise jealousies between him and his people, is highly criminal, and punishable with fine and imprisonment; Hawk. B. 1. c. 23.

By 60 Geo. 3. c. 8. a party on a second conviction for composing, publishing, or printing blasphemous or seditious libels against the King, the Regent, the government, the constitution, in church or state, or either house of parliament, is rendered liable to fine and imprisonment, or to banishment, at the discretion of the court of oyer and terminer, or gaol delivery, or in the Court of King's Bench, before which he may be tried and convicted.

these words following (that is to say) "his Majesty George the Third (meaning our said Lord the King,) is thank God for it, I (meaning the said A. B.) hope he (meaning our said Lord the King) will soon be no more; damnation to all royalists;" in contempt of our said Lord the King, and his laws, and against the peace, &c. That the said A. B. being such wicked, seditious, and evil-disposed Second count. person as aforesaid, and greatly disaffected to our said Lord the King, and contriving and intending the liege subjects of our said Lord the King to incite and move to hatred and dislike of the person of our said Lord the King, and the government established within this realm, on, &c. with force and arms, at, &c. unlawfully, wickedly, maliciously, and seditiously, in the presence and hearing of divers liege subjects of our said Lord the King, did publish, utter, and declare of and concerning our said Lord the King, and his good, true, and faithful subjects, these words following, that is to say, “I, (meaning the said A. B.) hope King George the Third, (meaning our said Lord the King) will soon be no more; damnation to all royalists;" in contempt of our said Lord the King and his laws, and against the peace, &c.

tution.

That A. B. late of &c. wickedly, maliciously, and seditiously Iudictment for devising, contriving, and intending to disturb the peace and tran- seditious words quillity of our said Lord the King, and of this kingdom, and to bring respecting the our said Lord the King, and the House of Commons of this realm, King and constiand the constitution, and government of this kingdom, as by law established, into hatred and contempt, with the subjects of this realm, and to asperse and vilify our said Lord the King, and the House of Commons of this realm, and to alienate and withdraw the affections and fidelity of his said Majesty's subjects, from his Majesty's person and government, on &c. in the presence and hearing of other subjects of our said Lord the King, unlawfully, wickedly, maliciously, and seditiously did say, utter, and publish of and concerning the King and House of Commons, and constitution and government of this kingdom, the scandalous and seditious words following, to wit, "I, (meaning himself the said A. B.) think the King (meaning our Sovereign Lord George the Third King of Great Britain,) is an useless and expensive incumbrance, and the House of Commons (meaning the House of Commons of this realm,) is the most corrupt and abominable society in christendom," in contempt of our said Lord the King, and the said House of Commons, and the constitution and government of this kingdom, and against the peace, &c. And the jurors, &c. that the said A. B. unlawfully, wickedly, and Second count, maliciously, and seditiously devising, contriving, and intending as aforesaid, afterwards, to wit, on the said, &c. at, &c. aforesaid, in the presence and hearing of divers subjects of our said Lord the King, unlawfully, wickedly, maliciously. and seditiously did say, utter, and publish, of and concerning the constitution and government of this kingdom, the scandalous and seditious words following, to wit, "I (meaning himself the said A. B.) am for a revolution, no King, and no Lords, but an honest House of Commons, chosen by all the people," (meaning a revolution in the constitution and government of this kingdom, and that there should be no King and no Lords of this realm in the constitution and government thereof, and that the House of Commons should be chosen contrary to the laws and customs of this realm,) against the peace, &c.