| Chap. 82.
14 H. 7. 9. b.
Lam. 185.
Br. Peace
7.
Lamb. 79.
124. |
Riots.
And therefore every Justice of Peace of the County,
hearing of any
Rout, or of any intention of a Riot, (without making an Precept, or
tarrying for his fellow Justice, or for the Sheriff) shall do well to go
himself
(if he be able) with his servants, or other power of the County (if need
be) to the place where such persons be so assemble, and to suppress them,
and,
all such as he shall find and see riotously assembled (and armed) to
Arrest
them, and to force them to put in surety for the Peace, or for their Good
Behavior: And for refusing to give such surety, or in default of
surety, to
imprison them. And also he may take away their Weapons and Armor,
and seise and prize them for the King. Vide tit. Armor,
and Forcible Entry. |
195 |
|
So that one Justice of Peace seeing a Riot, may
and ought to Record it,
and to attach the Rioters, and to commit them, or bind them over to the
Good Behavior; but he may proceed no further therein. For he cannot
Fine them without Inquiry, which Inquiry must be by a Jury, and before
two Justices of Peace; and may be any time within the month. Otherwise,
for omitting of Attaching or Arresting the offenders at the first, the
Justice
which saw the Riot is punishable: But the Inquiry by a Jury must
be within
one month, sub pœna 100 l. to the next two Justices,
&c. See hic postea. |
|
14 H. 7. 1 c.
Br. Peace
7. |
And if the Justices of Peace (being come to the
place) shall not find the
Rioters yet come thither, he may leave his servant there (with his Warrant
in writing, or without warrant, as it seemeth) to restrain them in
their said enterprise, or else to Arrest such offenders when they shall
come,
if they shall offer to commit any Riot, or to break the Peace: And
this
for speedy remedy. |
§. 3.
Servant. |
14 H. 7. 10
Br. Peace
7. |
So if the Justice be sick, and shall hear of a Riot,
he may send his servants,
or other power of the County, if need be, (with his Warrant under
his Hand and Seal, or without such Warrant, by word of mouth) to
the place to repress it, or to Arrest such offenders, and to being them
before
him, to find Sureties for the Peace. And all this he may do without
expecting the coming of any his Fellow Justices, or of the Sheriff, or
Under-Sheriff:
And this also for expedition. |
|
| P. 16, 27. |
Also one Justice of Peace, by the Statutes made
1 M. c. 12. and 1 El. 16
might have made Proclamation in the Kings name, that all persons riotously
assembled, should depart to their Habitations, &c. The Form of
which Proclamation you may see in the same Statute, and in P. Riots,
27.
But the said Statutes are now expired. |
§. 4.
Proclamation. |
|
Also any one Justice of Peace (by the first Assignavimus
in the Commission)
may cause to be kept and put in execution, all other Statutes made
for the repressing of Riots, Force, and Violence: But therein he
must deal
only according to the Form and Order in such Statutes prescribed. |
|
13 H. 4. c.
7. P. 5.
Dyer 210.
Cromp. 63.
Lam. 322. |
But the ordinary power of punishing of Riots belongeth
unto two Justices
of Peace at least; and therefore the two next Justices of Peace which
dwell nearest in the County, where any Riot, Assembly or Rout of people
shall be against the Law, together with the Sheriff or Under sheriff of
the
County, upon complaint or other notice of the Riot, shall do execution
of
the Statute 13 H. 4. 7. (sc. of all and every part thereof
respectively, as to
them is appointed) every one of them, upon pain of 100 l.
And in default
of the two next Justices, the other Justices of Peace of and within the
County (upon notice of such Riot) ought to do execution thereof, every
one upon danger to be fined: But the penalty of 100 l. is
only to be laid
upon the next two Justices. |
§. 5.
Two Justices. |
|
See the Case of Drayton Basset, hic antea, tit.
Forcible Entry; where
certain Justices of Peace which were not the next, nor did not dwell
nearest
to the place where the Riot was committed, and yet were fined upon the |
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