RESCUES, &c.

218. Indictment against two for a rescue, one of them being in custody of an officer of the marshal's court upon process, &c.

That on, &c. our said lord the king, by his writ issued out of the court of our said lord the king of his palace of Westminster, under the seal of the said court, bearing date the same day and year aforesaid, directed to the bearers of the verge of the houshold of our said lord the king, officers and ministers of the court of our said lord the king of his palace of Westminster, and every of them, did command them, and every of them, that they should take, or one of them should take, by their bodies, R. A. and W. C. if they should be found within the jurisdiction of the court aforesaid, and them safely keep, so that they might have, or one of them might have, their bodies before the judges of the court aforesaid, at the then next court of the palace of our said lord the king of Westminster aforesaid, on, &c. then next following to be holden at S. in the county of Surrey, to answer T. W. of a plea of trespass upon the case, to the damage of the said T. W. of £; which said writ afterwards, and before the delivery thereof, &c. (state the indorsement, &c. as in pr. 142. (ƒ),) which same writ so indorsed, afterwards, and before the return of the same, to wit, on, &c. at, &c. and within the jurisdiction of that court, was delivered to one G. N. then one of the bearers of the verges of our said lord the king, officers and ministers of the court of our said lord the king, to be executed in due form of law; by virtue of which said writ, the said G. N. afterwards, and before the return thereof, to wit, on, &c. at, &c. and within the jurisdiction of that court, did take and arrest the body of the said R. A. in the writ aforesaid named, and him the said R. A. in his custody, by virtue of the said writ, then and there had; and that the said R. A. late of the parish aforesaid, in the county aforesaid, yeoman, and C. D. late of the same, black

(f) See the note, p. 399. and the stat. 12 G. 1. c. 29. and 19 G. 3. c. 20.

smith, afterwards, to wit, on, &c. with force and arms, at, &c. in the county and within the jurisdiction aforesaid, in and upon the said G. N. then and there as aforesaid being one of the bearers of the verges of the houshold of our said lord the king, officers and ministers of the court aforesaid, and having the said R. A. in custody for the cause aforesaid, and in the due execution of his said office, then and there also being, did make an assault, and him the said G. N. then and there did beat, wound, and ill-treat; and that the said C. D. him the said R, A, out of the custody of the said G. N. and against the will of the said G. N. then and there, with force and arms, unlawfully did rescue and put at large to go whithersoever he would; and that the said R. A. himself out of the custody of the said G. N. and against the will of the said. G. N. then and there, with force and arms, unlawfully did rescue and escape and go at large whithersoever he would, to the great hindrance and obstruction of justice, in contempt of our said lord the king and his laws, to the great damage of the said G. N. and against the peace, &c. (Add a count for a common assault, as in pr. 34.)

219. Indictment against several for rescuing a person taken upon a bill of Middlesex.

That on, &c. a certain precept, commonly called a bill of Middlesex, was issued out of the court of our said lord the king, before the king himself, (the same court then and still being at Westminster, in the said county of Middlesex,) by which it was commanded to the sheriff of Middlesex that he should take (as in the precept,) so that he might have their bodies before our said lord the king at Westminster, on Wednesday next after fifteen days of Easter, to answer to B. H. of a plea of trespass, and also to a bill of him the said B. H. to be exhibited against the aforesaid H. O. for thirty pounds, upon premises, according to the custom of the said court; which said precept afterwards, &c. (siate the indorsement as in pr. 142.) which same precept afterwards, and before the return thereof, to wit, on, &c. at, &c. was delivered to A. B. and C. D. esquires, sheriff of the county aforesaid, to be executed in due form of law; which said A. B. and C. D. sheriff of the county aforesaid, by virtue of the precept aforesaid, afterwards, and before the return thereof, to wit, on, &c,

at, &c. did make a certain warrant of him the said sheriff, under his seal, directed to J. D., P. C., and R. R. his bailiffs of the hundred of Ossulston, in the county aforesaid, by which he commanded them, and every of them, jointly and severally, that they should take, or one of them should take, the said H. O. in the precept above named, to answer to the said B. H. of the plea of trespass aforesaid, and that the said J. D. in the warrant aforesaid named, afterwards, and before the return of the precept aforesaid, to wit, on, &c. by virtue of the precept and warrant aforesaid, at the parish of F. within the hundred aforesaid, in the county aforesaid, did take and arrest the said H. O. in the precept aforesaid above mentioned, according to the command of the precept and warrant aforesaid; upon which the said H. O. late of the said parish of Fulham, in the county aforesaid, yeoman, J. F. late of the same, yeoman, and M. W. late of the same, spinster, afterwards, to wit, on, &c. with force and arms, at, &c. in and upon the said J. D. then being one of the bailiffs of the said sheriff of the county aforesaid of the hundred of Ossulston aforesaid, and in the due execution of the precept and warrant aforesaid, and in the peace of God and our said lord the king then and there also being, did make an assault, and him the said J. D. then and there did beat, wound, and ill-treat: and that the said J. F. and M. W. him the said H. O. out of the custody, and against the will, of the said J. D. then and there unlawfully did rescue and put at large to go whithersoever he would; and that the said H. O. himself out of the custody, and against the will, of the said J. D. then and there unlawfully did rescue and escape at large whithersoever he would, to the great hindrance and obstruction of justice, in contempt of our said lord the king and his laws, to the great damage of the said J. D. and against the peace, &c. (Add a count for a common assault.)

220. Indictment for rescuing goods distrained for rent.

That on, &c. one M. P. of the parish of S. in the county of M. in due form of law did take and distrain (set out the property and its value) of the goods and chattels of one A. H. widow, then being in a certain lodging room in the dwelling-house of the said M. P. situate in the parish and county aforesaid, which same distress was taken by him the said, M. P. for the sum of three pounds and

ten shillings, then due for rent, for one whole year, in arrear from the said A. H. to him the said M. P. for the lodging aforesaid; and that the said M. P. the said goods and chattels then and there had and detained in his custody, for the cause aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that A. B. late of, &c. afterwards, to wit, on, &c. with force and arms, at, &c. in the county aforesaid, the said goods and chattels, so as aforesaid by the said M. P. taken and distrained, and in the custody of him the said M. P. then being, from and out of the custody, and against the will of him the said M. P. then and there unlawfully and with force and violence did rescue, take, and carry away, (the said sum of three pounds and ten shillings, for the said rent in arrear, as aforesaid due, nor any part thereof, not being then paid,) and other wrongs to the said M. P. then and there did, to the great damage of the said M. P. and against the peace, &c.

221. Indictment against a felon, for being at large before the expiration of his term of transportation (g).

That at the general session of the delivery of the gaol of our lord the king of Newgate, holden for the county of Middlesex, at Justice-hall, in the Old Bailey, in the

(g) By stat. 16 Geo. 2. c. 15. s. 1. "if any felon, or other offender, already ordered, or hereafter to be ordered, for transportation, or who hath already, or hereafter shall agree, to transport him or herself, on certain conditions, to any of his majesty's colonies and plantations in America, either for life or any number of years, shall be afterwards at large within any part of the kingdom of Great Britain, without some lawful cause, before the expiration of the term for which he, she, or they were so ordered to be transported, or had so agreed to transport him or

herself; all and every such person or persons, being thereof lawfully convicted, shall suffer death, as in cases of felony, without benefit of clergy.

Sec. 2. enacts, that offenders shall be tried as mentioned in stat. 6 Geo. 1. c. 23. which, by sec. 7. directs, that they may be tried either before justices of assize, oyer and terminer, or gaol-delivery for the county, city, or liberty, where he, she, or they shall be apprehended and taken, or before any of those justices for that county, city, or place, from whence he, she, or they were ordered to be transported;

suburbs of the city of London, on, &c. before, &c. and others their fellows, justices of our said lord the king,

* The act directs, that this shall "briefly, and in a few words, contain the effect and tenor," &c. which shews that it is not necessary to set out the whole record of conviction in an indictment.

+ By the same statute, such persons found at large, &c. shall suffer death; and those apprehending, &c. shall have a like reward as before mentioned. See Madan's case, Leach, 293.