| 194 |
Riots.
' of Peace, with the privity and assent of the Bishop, or Lieutenant,
or of
' any Deputy Lieutenant, residing in the said County, under all their
' Hands and Seals, to travel about their necessary business out of the
compass
' of five miles. But such Licences must certifie the particular cause
' of the said Licence., and the time of their absence must therein be limited
' And the party so Licensed, must first take his Oath before the said four
' Justices, or any of them. That he hath truly informed them of the
cause
' of his journey, and that he shall not make any causeless stays.
See the Form
' of such Licence hic postea, tit. Precedents. See more
tit. Popish Recusants
' in the Appendix, And a Licence otherwise is void, and going
without such
' Licence, shall forfeit, as by 35 El. 2. 3 Jac. 5. |
Chap. 82. |
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' In pleading a Licence, he must shew that he had
taken the oath of Allegiance,
' and that the cause of his Licence is true, and that it was granted
' with the assent of the Bishop or Lieutenant, &c. And if the
same person
' be Justice and Lieutenant, that will not serve. |
Moors
Rep. 836. |
| Woman. |
' A Woman being a Popish Recusant Convict (her Husband
being not
' convicted) that shall not conform and remain conformed, which shall not
' go to Church, nor receive the Sacrament a year before her husbands
' death, shall forfeit to the king two parts of her joynture; and two
parts
' of her Dower, in three parts, to be divided, and be disabled to be Executrix
' or Administratrix to her Husband.
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3 Jac. 5. |
§. 1.
One Justice.
Preventing. |
CHAP. LXXXII. V. 46.
Riots, Routs.
ANy one Justice of Peace alone, may use all good
means to prevent a
' Riot or Rout before it be done; and for to stay it whilst it is in doing,
' and in the doing may take and imprison the Rioters, or bind them to
' their Good Behavior. But being once done, and committed, one Justice
' of Peace cannot make Inquiry thereof, nor Assess any Fine, nor Award
any
' Process, nor otherwise meddle to punish it in the nature of a Riot or
a
Rout, but only as a trespass against the Peace, or upon the Statutes of
Northampton, or of Forcible Entries; Whereof see the title Forcible
Entry. |
Lam. 184.
34 E. 1. 1.
P. Just. 18.
Cromp. 63.
14 H. 7, 8, 9.
Br. Peace
7. |
|
And yet if one Justice of Peace, sitting in an Judicial
place (as in the Sessions)
shall see a Riot, he may command them to be Arrested, and may
make a Record thereof, and the offenders shall be concluded thereby; but
if one Justice of Peace shall see a Riot in another place, and shall command
them to be Arrested, and shall make a Record thereof, the offenders shall
not be concluded thereby, but may Traverse it: And yet the Justice
may
Record it, and certifie the same to the next Sessions, &c. Cro.
43. |
Crom. 65. |
|
If a Justice of Peace will commit a Man to Ward,
pretending untruly
that he did a Riot, where he did none, the party may have an Action of
Trespass against him, " Fitz. Just. 9. tamen vide Co. 8
fol. 121 a. That the
' Record of a Force made by a Justice of Peace is not Traversable, for
' that he doth it as a Judge; and so the Justices Record of a Riot, is
not
Traversable. See hic postea; also see Br. Judges 2. &
10. that an Action
will not lie against a Justice or Judge of Record, & 2 R. 3.
10. hic. c. 120.
sc. Pro re facta judicialiter. |
Ibid. |
§. 2.
Forfeiture. |
Every Justice of Peace (being of an in the County,
and having notice of
any Riot, Rout, or unlawful Assembly) ought to have a care of the Execution
of that Statute made 13 H. 4. c. 7. (viz. that the
Rioters, &c. be Arrested
and removed) for if that Statute be not executed in every part thereof,
by some of the Justices, the two next justices of Peace shall forfeit
each of them 100 l. and every other Justice of Peace within that
County, in
whom there shall be any default, shall be finable. |
Dyer 210.
Lam. 315. |
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