I N D 
doth not ufually quafli indictments for forgery, perjury, 
and nuifances, notwithftanding the indictments are faulty ; 
and it is againft the courfe of the court to quafh an in¬ 
dictment for extortion. 2 Lil. 411. 5 Mod. 31. 
Counts in an indidment cannot be itruck out as they 
may in an information ; for the court cannot ftrike out 
that which the grand jury have fouhd. Hardr. 203. 
All capital crimes whatfoever, and all'o all kinds of in¬ 
ferior crimes of a public nature, as mifprifions and all 
other contempts, all dilturbances of the peace, all oppref- 
fions, and all other mifdemeanors whatfoever, of a public 
evil example againjl the common law , may be indicted; but 
ho injuries of a private nature, unlefs they fome way con¬ 
cern the king. And, where an offence is made punifh- 
able by ftatute, the true rule l'eems to be, that if the of¬ 
fence was.punifhable before the ftatute prefcribed a parti¬ 
cular method of punifliing it, then fuch particular reme¬ 
dy is cumulative, and does not take away the former re¬ 
medy; but where the ftatute only enaCts, that the doing 
an aCt not punilhable before fhall for the future be pu- 
nilhable in a certain particular manner, there it is necef- 
fary to purfue fuch particular method, and not the com¬ 
mon-law method of indictment. 2 Burr. 799, 805, 834. 
Cowp. 524, 650. And it hath been adjudged, that, if a 
ftatute give a recovery by aCtion of debt, bill, plaint, or 
information, or otherwife, it authorifes a proceeding by 
way of indictment. 2 Hawk. P. C. c. 25. $ 4, and note. 
Indictment will not lie for a private nuifance, wherein 
aCtion on the cafe only lies ; and where a perfon is in¬ 
dicted for trefpafs, which is not indictable at law, but for 
which aCtion Ihould be had ; or if a man be indicted for 
fcandalous words, as calling another rogue, See. fuch in¬ 
dictments are not good ; for private injuries are to be re¬ 
dr ejjed by private aSlions. 2 Lill. Air. 42. But where a per¬ 
fon is beaten, he may proceed for this trefpafs by indid- 
ment, or information, as well as adion. Pafch. 24 Car.B.R. 
Where, in an aCtion on the cafe, a defendant jollifies 
for words, as calling the plaintiff thief, See. if on the trial 
it be found for the defendant, indictment may be brought 
forthwith to try the plaintiff for the felony. 2 Lill. 44. If 
3 civil aCtion of trover be brought for goods taken, after 
recovery the party may be indicted for trefpafs or felony, 
for the fame taking; but if the firft profecution had been 
criminal, as an indictment for trefpafs, &c. and the crime 
appears to be felony ; there you cannot have verdict or 
judgment on the indictment for trefpafs till the felony is 
tried, it being the inferior offence. Mod. Caf. 77. It is faid 
that trover lies not for good s ltoien, until the offender is con¬ 
victed, See. on indictment of felony. 1 Hale’s Hif. P. C. 546. 
A parfon may be indicted for preaching againft the go¬ 
vernment of the church, the civil and ecclefiaftical go¬ 
vernment being fo incorporated together, that one cannot 
fubfift without the other; and both centre in the king; 
wherefore to fpeak againft the church, is within the fta¬ 
tute 13 Car. II. Sid. 69. 2 Nelf Abr. 959. A parfon was 
indiCted for pronouncing ablolution to perfons con¬ 
demned for trealon, at the place of execution, without 
Blowing any repentance. 5 Mod. 363. Alfo a parfon hath 
been indiCted, and fined, See. for drinking healths to the 
memory of traitors. 3 Mod. Rep. 52. 
It is not an indictable offence to impede the public in- 
tercourfe by delivering hand-bills in the ftreets. 1 Bur. 
516. Nor to throw down fkins into a public way, which 
accidentally occafions a perlonal injury. Stra. 190. Nor 
to kill a hare. Stra. 679. Nor can one be indiCted for an 
offence made penal by ftatute, unlefs it direCts to whom 
the penalty is payable. Stra. 828. Nor for aCting unqua¬ 
lified as a juftice of peace. Cro. Jac. 643. Nor for enter¬ 
ing a yard, ereCting a fhed, unthatching a houfe, or by 
numbers keeping another out of polfellion, if unattended 
with violence or riot, &c. 3 Burr. 1698, 1706, 1727, 1731. 
Nor for felling fliort meafure. 1 Wilf. 301. 3 Burr. 1697. 
Nor for excluding commoners by enclofmg. Cro. Eliz. 90. 
Nor for an attempt to defraud, if neither by falfe tokens 
.or confpiracy. Stra. 793, 866. 6 Mod, 105. Nor for fe- 
Vol.XL No. 730. 
I N D u 
ereting another. ± Ld. Raym. 1368. Nor for bringing a 
baftard-child into a parifh. Stra. 644. 3 Burr. 1645. 2 Vcz. 
450 ; but fee the article Bastard, vol. ii. See farther on 
the fubjeCt of indictments at length, 2 Hawk. P. C.c. 25. 
IN'DICUM,yi in botany. See Indigofera. 
IN'DIES (Ealt). Under this head is comprehended all 
the vaft traCt of country which is fituated to the fouth of 
Tartary, between Perfia and China, as well as the iflands 
in the Eaftern-Indian Sea, fuch as Borneo, Sumatra, Cey¬ 
lon, Java, the Maldives, Celebes, Moluccas, Philippines, 
Sec. See each of thefe words, and the article Hindoo- 
STAN. 
IN'DIES (Weft). Iflands of the Atlantic Ocean, 
which extend from the coaft of Florida, in a curve, to the 
coaft of Surinam, in South America, from 58. 20. to 83. 
30. weft longitude from Greenwich, and from 10. to 27. 
50. north latitude ; making Cuba the wefterly boundary, 
the Bahamas the moft northerly; and fixing the eafterly 
point at the ifland of Barbadoes, and the foutherly at 
Trinidad. The name was given by Columbus; and is 
fometimes applied to the whole of America. Each of 
thefe iflands is treated of feparately. See alfo the article 
America, vol. i. 
INDIF'FERENCE, or Indif'ferency, f. [Fr. indif- 
ferentia, Lat.] Neutrality; fufpenfion; equipoife or free¬ 
dom from motives on either fide.—In choice of commit¬ 
tees it is better to choofe indifferent perfons than to make 
an indfferency by putting in thofe that are ftrong on both 
fides. Bacon. —Impartiality.—Read the book with indlf- 
ferency and judgment, and thou canft not but greatly com¬ 
mend it. Whitgift. —Negligence; want of affection ; un- 
concernednefs.— Indifference cannot but be criminal; when 
it is converfant about objects which are fo far from being 
of an indifferent nature, that they are of the highelt im» 
portance. Addifon. 
Indiff'rence, clad in wifdom’s guife, 
All fortitude of mind f’upplies ; 
For how can ftony bowels melt. 
In thofe who never pity felt ? Swift „ 
State in which no moral orphyfical reafon preponderates 5 
ftate in which there is no difference.—The choice is left 
to our dilcretion, except a principal bond of fome higher 
duty remove the indifference that fuch things have in them- 
felves: their indifference is removed, if we take away our 
own liberty. Hooker. 
INDIF'FERENT, adj. [Fr. indifferens, Lat.] Neutral; 
not determined on either fide.—Being indifferent, we fliould 
receive and embrace opinions according as evidence gives 
the atteftation of truth. Locke. 
Let guilt or fear 
Difturb man’s reft ; Cato knows neither of them: 
Indifferent in his choice to fleep or die. Addifon. 
Unconcerned; inattentive; regardlefs.—It was a law of 
Solon, that any perfon who, in the civil commotions of 
the republic, remained neuter, or an indifferent fpeftator 
of the contending parties, fliould be condemned to per¬ 
petual banifhment. Addifon. —But how indifferent foever 
man may be to eternal happinefs, yet furely to eternal 
rnifery none can be indifferent. Rogers. —Not to have fuch 
difference as that the one is for its own fake preferable to 
the other.—The nature of things indifferent is neither to 
be commanded nor forbidden, but left free and arbitrary. 
Hooker. —This I mention only as my conjecture, it being 
indifferent to the matter which way the learned fhall deter¬ 
mine. Locke, —Impartial; difinterefted.—Metcalf was par¬ 
tial to none, but indifferent to all; a mailer for the whole, 
and a father to every one. Afckam. 
I am a moft poor woman, and a ftranger, 
Born out of your dominions ; having here 
No judge indff'rent, and no more aiiurance 
Of equal friendfhip and proceeding. Shahefpeare. 
Paflable; having mediocrity ; of a middling ftate; neither 
good nor worJt. This is an improper and colloquial life, efpe - 
& dally 
