ling-houses of divers liege subjects of our said lord the king, and also near divers public streets and common highways there, did, and yet doth, keep ten hogs; and the said hogs, then and there, to wit, on, &c. and on the said other days and times, at, &c. unlawfully and injuriously did feed, and yet doth feed, with the offal and entrails of beasts, and other filth,* by reason whereof divers noisome and unwholesome smells and stenches, during the time aforesaid, did from thence there arise, and the air there was, and yet is, thereby greatly corrupted and infected, to the great damage and common nuisance not only of all the liege subjects of our said lord the king there resident and dwelling, but also of all the liege subjects of our said lord the king passing and repassing in, by, and through the said streets and common highways there, against the peace, &c.

253. Indictment for erecting a furnace, with a boiler, to be used for the boiling of tripe and the offal of beasts. That A. B. late of, &c. on, &c. at, &c. near the dwelling-houses of divers liege subjects of our said lord the king there, and also near divers streets and common highways there, did unlawfully and injuriously erect and set up, and cause to be erected and set up, a certain furnace, with a boiler, to be used for the boiling of tripe, and other entrails and offal of beasts; and that the said A. B. on, &c. and on divers other days and times between that day and the day of the taking of this inquisition, at, &c. divers large quantities of tripe, and other entrails and offal of beasts, in the said boiler unlawfully and injuriously did boil, and yet doth boil. (Conclude as in pr. 252, from the *.)

254. Indictment for boiling bullocks' blood for making

colours.

(Commence as in pr. 255, to the *.) In a certain building belonging to the dwelling-house of the said A. B. there situate and being, and also near the dwelling-houses of divers subjects of our said lord the king, and near divers public streets and common highways there, did unlawfully boil, and cause to be boiled, a great quantity of bullocks' blood and other filth, for the making and mixing of colours. (Conclude as in pr. 252, from the *.)

255. Indictment against a butcher for using his shop as a slaughter-house in a public market.

That A. B. late of, &c. on, &c. and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at, &c. in a certain shop of him the said A. B. situate and being in a common market there, called (the said market being a common passage for all the liege subjects of our said lord the king, with their goods, chattels, and merchandizes, to go, return, pass, and repass at their free will and pleasure,) did unlawfully and injuriously kill and slay, and cause to be killed and slain, ten lambs, and the excrement, blood, entrails, and other filth coming from the said lambs, did then, and on the said other days and times respectively, there cause and permit to lie and remain in the said shop for a long time, to wit, for the space of five hours, on each of those days, whereby divers filthy and unwholesome smells and stenches from the excrement, blood, entrails, and other filth coming from the lambs aforesaid, then, and on the said other days and times respectively, there did arise, and the air there was thereby greatly corrupted and infected, to the great damage and common nuisance not only of all the liege subjects of our said lord the king near there inhabiting and dwelling, but also of all other the liege subjects of our said lord the king, in, by, and through the said common market and passage going, returning, passing, repassing, and labouring, and against the peace, &c.

256. Indictment for erecting obstructions in a navigable

river.

That a certain part of the river - situate and being between · and ———, and also wholly situate and being in the county of D. is, and from time whereof the memory of man is not to the contrary hath been, an ancient river, and the king's aucient and common highway (e) for all the liege subjects of our said

(e) A river common to all is properly termed an highway. 1 Haw. c. 76. s. 1.

lord the king and his predecessors with their ships, barges, lighters, boats, wherries, and other vessels, to navigate, sail, row, pass, repass, and labour, at their will and pleasure, without any impediment or obstruction whatsoever. And the jurors aforesaid, upon their oath aforesaid, do further present, That A. B. late of, &c. fisherman, on, &c. and on divers other days and times between that day and the day of the taking of this inquisition, with force and arms, at, &c. unlawfully, wilfully, and injuriously did erect, place, fix, put, and set in the said river and king's ancient and common highway there, (f) (a certain snare, trap, machine, and engine for the catching and taking of fish, commonly called putts, and composed of wood, wooden stakes, and twigs;) and that he the said A. B. from the day and year first aforesaid, hitherto, with force and arms, at, &c. the said putts unlawfully, wilfully, and injuriously hath continued, and still doth continue, so erected, placed, fixed, put, and set in the said river and king's ancient and common high

by means whereof the navigation and free passage of, in, through, along, and upon the said river

and the king's ancient and common highway there, on the same day and year aforesaid, and from thence hitherto hath been, and still is, greatly straightened, obstructed, and confined, to wit, at, &c. so that the liege subjects of our said lord the king, navigating, sailing, rowing, passing, repassing, and labouring with their ships, barges, lighters, boats, wherries, and other vessels in, through, along, and upon the said river and king's ancient and common highway there, on the same day and year aforesaid, and from thence hitherto could not, nor yet can go, navigate, sail, row, pass, repass, and labour with their ships, barges, lighters, boats, wherries, and other vessels, upon and about their lawful and necessary affairs and occasions, in, through, along, and upon the said river and king's ancient and common highway there, in so free and uninterrupted a manner as of right they ought, and before have been used and accustomed to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, navigating,

(f) Describe the obstruction according to the fact.

sailing, rowing, passing, repassing, and labouring with their ships, barges, lighters, boats, wherries, and other vessels, in, through, along, and upon the said river -and the king's ancient and common highway there, to the great obstruction of the trade and navigation of and upon the said river, against the peace, &c.

257. Indictment for keeping a disorderly house (g).

(Commencement as in pr. 255, to the *.) Did keep and maintain, and yet doth keep and maintain, a certain common, ill-governed, and disorderly house; and in his said. house, for his own lucre and gain, certain persons, as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together, then, and on the said other days and times, there unlawfully and wilfully did cause and procure; and the said men and women, in his said house, at unlawful times, as well in the night as in the day, then and on the said other days and times, there to be and remain, drinking, tippling, whor ing, and misbehaving themselves, unlawfully and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the liege subjects of our said lord the king there inhabiting, residing, and passing, and against the peace, &c.

(g) Lewdness is properly punishable by the ecclesiastical law, but the offence of keeping a bawdy-house comes also under the cognizance of the temporal courts, as a common nuisance, not only in respect of its endangering the public peace, by drawing together dissolute and debauched persons, but also in respect of its apparent tendency to corrupt the manners of both sexes, 3 Inst. 205. 1 Haw. 196.

And offenders of this kind are punishable not only with

fine and imprisonment, but also with such infamous punishment as to the court, in discretion, shall seem proper. Ibid.

And a wife may be indicted together with her husband, and condemned to the pillory with him, for keeping a bawdyhouse; for this is an offence as to the government of the house, in which the wife has a principal share; and also such an offence as may generally be presumed to be managed by the intrigues of her sex. 1 Haw. 2. 3.

258. Indictment for digging a hole in a street, being the king's highway.

(Commencement as in pr. 1.) In a certain street, being the king's common highway there, called

(used for all the king's subjects with their horses, coaches, carts, and carriages, to go, return, ride, pass, repass, and labour, at their free will and pleasure,) unlawfully and injuriously did dig, and cause to be dug, a certain pit, containing in circumference fifteen feet, and in depth thirteen feet; and the same pit, so as aforesaid dug, and caused to be dug, in the street and highway aforesaid, from the day and year aforesaid, until at, &c. unlawfully and injuriously did continue; ** by reason whereof the king's subjects, during the time aforesaid, could not go, return, pass, repass, ride, and labour with their horses, coaches, carts, and carriages, in, by, and through the same street and highway as they were wont and ought to do, without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said lord the king, in, by, and through the same street and highway, going, returning, passing, repassing, riding, and labouring, and against the peace, &c.

259. Indictment against nightmen for laying soil in the

streets.

(Commencement as in pr. 1.) In the common street and king's highway there, called unlawfully and injuriously did pour out, discharge, place, and leave, and cause to be poured out, discharged, placed, and left, a great quantity of dung, human excrement, and other filth, by which divers hurtful and unwholesome smells and stenches from the said dung, excrement, and other filth, did then and there arise, and thereby the air there became and was greatly corrupted and infected, to the great damage, &c. (Conclude as in the last pr.)