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§. 10.
Two Justices
and the
Sheriff. |
Riots.
And now the particulars of that which the two next
Justices of Peace
with the Sheriff or Under-Sheriff, must do in execution of this Statute
of
13 H. 4. 7. every one upon pain of 100 l. |
Chap. 82.
13 H. 4. 7. |
1. To go
with Posse
Comitants. |
1. First, they shall go to the place in person,
if they be able, where the
Riot, &c. shall be. |
13 H. 4. 7.
p. 1, 2. |
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And they shall take the power of the County (if
need be) sc. they shall
have the aid of all Knights, and other temporal persons under that
degree,
that be above the age of fifteen years, and be able to travel:
For all the
Kings Subjects that are in the County where a Riot, &c. shall be,
being
able to travel, must be aiding and assistant to the Justices of Peace,
Sheriff,
or Under-Sheriff, (or other Commissioners) when they shall be reasonably
warned to ride or go with the said Justices and the Sheriff, &c.
in aid to
resist such Riots, &c. upon pain of imprisonment, and to make Fine
and
Ransom to the King; which Ransom shall be treble so much at the least
as the Fine, Dyer 232. Yet by others, by Ransom, is intended,
That
the party is to make his Agreement with the King, Ad verum valorem
ominum
bonorum suorum mobilium. |
2 H. 5. 1.
p. 12. |
Fine and
Ransom. |
But Sir Edward Coke, L. 127. saith, That
in legal understanding, a
Fine and Ransom are all one. |
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But it is referred to the discretion of these Justices,
how many, or few,
they will have to attend them in these businesses; and in what sort
they
shall be armed, weaponed, or otherwise furnished for it. |
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§. 11.
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Again, it is not good for the Justices to assemble
the power of the County,
without certain information, or knowledge of such riotous assembly;
yet if upon false information of a Riot, to be at such a place, the
Justices
shall cause the power of the County to be assembled, the Justices shall
be
excused by reason of the information; and if without information, the
Justices
shall think that such a riotous Assembly is made in such a place, and
shall assemble the power of the County to go thither and arrest the
Rioters,
and when they come to the place they find a Riot there indeed, they
must
arrest and imprison the offenders, and shall be excused of the assembly
made
by them: But if they shall find no Riot there, then shall they be
punished
for making such an assembly of their own heads, without information. |
Lam. 309.
Cromp. 64. |
§. 12.
Arrest. |
2. All such offenders as they shall find there
present, they shall arrest
them, or cause them to be arrested, and shall remove the force. sc.
shall
commit to prison all the Rioters, and take away their weapons. |
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Also it seemeth, that all such as came in the company
with such Rioters,
or in the company of any of them, if that the Justices shall find them
there
present, though they do nothing, and though they came without any intent
of their parts to commit any Riot, yet they shall be arrested, imprisoned,
and fined. See to this purpose in the title Forcible Entry.. |
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Also such Rioters as the Justices shall meet in
their way (riotously
arrayed, and coming from the place) they may arrest and imprison them,
for that they found them unlawfully assembled; but they cannot Record
any Riot by them done, for that they saw it not, yet they must afterward
(as it seemeth) inquire thereof by a Jury, that so the offenders may be
fined, &c. See more in this title. |
Mar. Loc.
8.
Cromp. 63. |
§. 13.
Record. |
But if the Justices fo come and see the Riot committed,
and after the
said Rioters shall escape from the Justices at that time, yet the said
Justices
shall record it; but they cannot arrest them at any other time, except
it be
presently after, and in fresh Suit; neither can they Fine the offenders,
nor
award any Process against them upon that Record which they shall make;
and yet for that they saw the Riot (and these Rioters that be escaped,
committing the Riot) they shall Record it, But that Record shall not be |
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