Chap. 82.
Lam. 312. |
Riots.
kept amongst the Records of the Peace, but the said Justices shall send
the
said Record to the Kings-Bench, that Process may from thence be
made upon
it, against those Rioters that be escaped; where also the said offenders
shall not be admitted to any Traverse, but must of necessity make Fine
for
their said offences. |
199 |
|
If after the Justices and Sheriff shall see the
Riot, the said Rioters shall
escape, and the Justices and Sheriff shall Record the same Riot, and then
one
of the Justices be put out of the Commission, or the Sheriff, or one
of the
Justices shall happen to die, yet shall that Record be sent or certified
into
the Kings Bench, by the other Justice and Sheriff. Lamb.
320. |
§. 14.
Escape. |
|
But if (after the Inquiry, and before the Certificate)
the Sheriff, or the
Justices shall die, or be put out of the Commission, or that their Authority
doth cease by the death of the King, or otherwise, such Record cannot be
certified
without the Kings Writ of Certiorari. Br. Record. 17. 64 and Lamb.
320. |
§. 15.
Certificate. |
13 H. 7.
Cromp.
196. |
Also such offenders, as the Justices saw committing
the Riot, though they
shall escape from the Justices, yet the said Justices may after grant out
their
Warrants for them, and send them to the Gaol, till they shall find Surety
for
their Good Behavior. |
Good Behavior. |
34 E. 3.
c. 1.
P. Just. 18. |
If such offenders shall be departed before the coming
of the Justices, yet
(upon certain information of their being there) the said Justices may also
grant out their Warrants for them, and may commit them till they have
found sureties for their Good Behavior: Or rather the Justices
shall do
well to proceed against them, by Inquiry, and so to fine the offenders
for
the King, &c. See more in this title. |
|
Lam. 310.
Cromp. 62.
158. |
Also in the Execution of this Arrest of the Rioters,
the said Justices,
&c. may justifie the beating, wounding, or killing of any of the Rioters
that shall resist them, or that will not yield themselves to them.
Vide
tit. Homicide, bis. |
§. 16.
Resistance. |
|
Also the said Justices may take from such Rioters,
their Armor, Harness,
and Weapons, and shall cause the same to be prised and answered to the
King, as forfeited. |
Armor. |
13 H. 4.
c. 7. p. 1. |
3. After the Arrest made, the said Justices
and Sheriff, or Under-Sheriff,
shall make a Record in writing of the said Riot (scil. of all that
which
they shall see, and find done in their presence against the Law) without
any
other Inquiry: And that their Record is a sufficient Conviction of the
offenders. |
3 Record, |
|
If two Justices of Peace shall see any making of
a Riot, they may command
others to Arrest the Rioters, and then make their Record thereof, and
the offenders shall be concluded thereby, Fitz. Just. of Peace, fol.
17. |
View. |
|
But if the Justices of Peace do not themselves see
the Riot, they cannot
make a Record thereof; but then they must inquire thereof. |
|
|
If the Justices of Peace, &c. going to see a
Riot, another Riot shall happen
in their presence; they may Record this, and arrest and imprison the
offenders. |
|
|
So if the Rioters shall make a Riot upon the Justices
(and Sheriff) that
do come to Arrest them for their former Riot, they may Record that also. |
Other Riot. |
|
So if two Justices of Peace (and the Sheriff, or
Under-Sheriff) shall
meet for any other cause of service, or for any private business (as upon
an arbitrament, or other like matter,) and a Riot shall happen to be done
upon themselves, or in their sight, they may Record it, and may Arrest,
and Imprison the offenders. |
|
9 H. 6. fol.
60.
Cromp.
63, 65. |
And if the Justices of Peace shall Record a Riot,
and upon examination
of the Matter after, it shall appear to be no Riot; or that they saw it
not,
or that there was no Riot at all; yet the parties shall be concluded thereby, |
Conclusion. |
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