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Riots.
Statute of 17 R. 2. c. 8. But that Riot was notorious,
for there were a
great number assembled in the Mannor House of Drayton Basset, who
did
detain the same forcibly. |
Chap. 82. |
§. 6.
Ex Officio. |
And therefore if the Riot, &c. be great and
notorious, whereof by common
intendment every person may take knowledge, it is not safe for the
Justice or Sheriff, &c. to expect and stay till complaint thereof shall
be
made unto them, or that they shall have information or notice given them
thereof, lest they incur thereby the said penalty of 100 l. |
Dyer 210. |
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If any one other of the Justices of the Peace of
the County (besides those
two which are next) shall execute this Statute, that shall excuse the two
next Justices, for that the Statute giveth power herein to all Justices. |
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§. 7.
Sheriff. |
If one, or the two next Justices shall come, and
not the Sheriff or Under-Sheriff,
such Justices as do come, shall be excused of the forfeiture of
100 l. but though the said Justices shall be excused of the said
forfeiture;
yet if there cometh but one Justice of Peace, he ought to Arrest the Rioters,
and to remove the force, and commit or bind over the Rioters; otherwise
he is finable, &c. |
P. R. 30. |
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And if there shall be two Justices present, and
neither the Sheriff nor Under-Sheriff;
yet those two Justices are finable, if they shall not do all that,
which (without the Sheriff or Under-Sheriff) they are authorised to do
by
the Statute. |
Lam. 322. |
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But no Justice of Peace that dwelleth in another
County is bound upon
the said penalty of 100 l. to execute the said Statute of
13 H. 4. although
he dwelleth next to the place where the Riot is, and although he
be in Commission of the Peace for the County where the Riot is, as it
seemeth: For the words of the Statute are, The Justices which dwell
nearest
in every County where the Riot shall be, and not which dwell nearest
to the place where the Riot shall be; and yet it seemeth safe, that such
Justice dwelling out of the County, upon notice of such Riot so come into
the County, and do his indeavour to suppress the same Riot, and to execute
the Statute, for that he is one of the Justices of the County. |
Lam. 321.
P. 5. |
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If the Sheriff or Under-Sheriff do not come, the
Justices ought to send
for them, as Mr. Marrow thinketh. |
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And some seem to be of opinion, That if the Sheriff
or Under-Sheriff
shall not come to the Justices, being sent for to assist them, that then
all
the Justices of Peace dwelling near or remote, shall be excused of the
same
penalty of 100 l. or of any other penalty or fine; for that the
said Statute
doth give the Sheriff or Under-Sheriff equal Authority, and as it were
joyn
him in Commission in the copulative with the Justices of Peace, But
others
seem to be of another opinion, viz. That if the Sheriff
or Under-Sheriff
shall not come, yet the Justices of Peace shall be fined if they come
not, and Arrest the Rioters, and do not moreover proceed to do therein
all that which (without the Sheriff or Under-Sheriff) they are in any way
authorised to perform. |
P. R. 30.
Lam. 32.
Cromp. 63. |
§. 8.
What the
Justice
may do
without the
Sheriff. |
Now what the Justices of Peace may or ought to do
therein (by force
of this Statute of 13 H. 4.7.) without, or in the absence of the
Sheriff and
Under-Sheriff, is worthy consideration, as being needful for the Justices
of Peace to know, and safe for them to perform, as well for the speedy
preventing of such present mischiefs as may happen to the Commonwealth
by such dangerous Assemblies, as also for their saving of the penalty of
the
Law otherwise like to lie upon them. |
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But herein I dare not determine, finding that others
(of good judgment
and experience) that have written hereof, have seemed to doubt hereof,
and
have written sparingly hereof. |
Lam. 313.
322. |
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