| Chap. 82. |
Riots.
And yet there is no doubt, but that the Justices
of Peace (without the
Sheriff or Under-Sheriff) upon all Riots, may and ought first to go to
the
place, and such as they shall see or find riotously assembled, they
may and ought to arrest them, and to take away their Armor and Weapons,
and to remove and commit the Riotors, or may cause them to find Sureties,
for the Peace or Good Behavior; and for want of such Sureties, may commit
them to the Gaol. All which, any one Justice of Peace may do. |
197 |
P. Riots. 2.
Cromp. 67.
b. |
Also two Justices of Peace after the Riot committed
(without the Sheriff
or Under-Sheriff) as it seemeth, may and ought to inquire of the Riot;
and
if upon such Inquiry the Riot be found, the said Justices may Fine and
Imprison
the offenders, as hereafter appeareth. |
§. 9.
Inquiry. |
|
But whether two Justices of Peace seeing a Riot,
may record the same
upon their own view, without the Sheriff or Under-Sheriff, and thereupon
(without any Inquiry) may Fine them for the same, and may commit them
to prison till they have paid the same Fine, is to be considered.
I know
the common opinion to be, That they cannot Record the Riot (without
the Sheriff, or Under-Sheriff) for, say they (by the Statute) the Sheriff
or
Under-Sheriff are associated to the Justices of Peace, and have equal Authority
with them therein; and then consequently the Justices of Peace alone
upon their own view, without Inquiry, can neither fine them, nor
imprison them for their Fine. |
View.
Sheriff. |
14 H. 7. 9.
b. See. Co.
10. 103. b.
such a
matter |
Yet Fineux, Chief Justice, saith, That this
* statute of 13 H. 4. was
made for the common profit of the Realm, and for a hasty remedy, and
to avoid a present mischief like to happen; and therefore shall be
construed
largely for the common good, and in furtherance and advancement of
expedition of Justice. |
* M. Lamb.
thinketh it
to be the
Statute of
34 E. 3. 1.
that Fineux |
11 P. 6.
f. 5. |
Also we see, that nay one Justice of Peace may do
all these things, in
case of a Forcible Entry, sc. Any one Justice of Peace may
come with the
power of the County, if need be, and may arrest the offenders and may
record the force by him viewed: And this Record shall be a sufficient
Conviction,
sp that he may thereupon commit the offenders to the Gaol; and
may fine them. |
meant, rather
than
the Statute
of 13 H. 4. |
| P. 1. |
Also this Statute of 13 H. 4. doth relate
to the said Statute of Forcible
Entries, 8 H. 6. touching the Conviction of offenders by the Record
of
the Justices. |
|
Fitz. Just.
9. 17.
14 H. 7. 8.
Cromp. 65.
196. |
Also by some good Authority, if two Justices of
Peace (without the
Sheriff) shall see a Riot, they may arrest them and make a Record thereof,
and the offenders shall be concluded by such Record, for that the view
of the Riot is not to be traversed. Lamb. 313. |
|
| P. Just 18. |
Also the Statute of 34 E. 3.1. seemeth to
inable two Justices of Peace
to imprison and fine Rioters, and that without inquiry, and then consequently,
it seemeth they are to make a Record of the Riot. See Lamb. 291,
292. Ideo Quære. |
|
|
And yet Quære, whether two Justices
of peace (upon the Statute of
13 H. 4. 7.) without the Sheriff, may not, nay ought not, upon the
penalty
of 100 l. upon their view of a Riot, Record the Riot, and without
inquiry fine the offenders, and imprison them till they have paid their
Fine
(as Convict by their view and Record) though this may seem to be more
for the Kings advantage, rather than to hazard the Fine upon the finding
it by inquiry. ' But it rather seemeth, That the Justices upon their
own
' view of a Riot, may Record it, and commit the offenders, and then to
' certifie or send the Record into the Kings Bench, where the offenders
' shall be fined. And this I take to be more warrantable, and safer
for the
' Justices, if they shall not inquire thereof. |
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