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Riots.
and have no remedy (as it seemeth) and therefore the Justices shall
do
well to be advised what they Record. See 9 H. 6. f.
60. Br. Judges 2.
Fitz. Just. of P. f. 17. |
Chap. 82. |
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And again, for that this Record of the Justices
and Sheriff, is a sufficient
Conviction in it self against the offenders, therefore it ought to be formal
and certain as well for the time and place, as also for the number, weapons,
manner, and other Circumstances, because the Parties be concluded thereby,
and shall not be received to Traverse, or deny it in any point. |
Lam. 311. |
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The Form of the Record, vide hic postea. |
Lam. 312.
&c 365. |
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This Record ought to remain with one of the said
Justices of Peace; and
shall not be left amongst the Records of the Sessions of the Peace, it
being
made out of the Sessions, and not appointed to be certified thither. |
375. |
§. 18.
Imprisonment.
Gaol. |
4. Also the said Justice of Peace (and none
other Justice of Peace) shall
commit such offenders to the Gaol, there to remain Convict by their View,
Testimony, and Record (as in Case of Forcible Entry) until they have
paid a Fine unto the King. |
P. 1. 11.
Lam. 312. |
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Also such commitment of the offenders to the Gaol
ought to be done
presently. |
Co. 8. 120. |
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And the power of the County ought to be aiding to
the Sheriff, or Under-Sheriff,
for the conveying of them to the Gaol. |
Lam. 310. |
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If the Justices of Peace, and Sheriff, or Under-Sheriff,
shall Record the
Riot, and shall not presently commit the Rioters to Prison; or if they
shall
commit them to prison, and shall not Record the Riot, they shall forfeit
every of them 100 l. by the Statute of 13 H. 4. for that
they have not
done execution of the same Statute: For by the Statutes they shall
Record
and commit; and again, by the same Statutes, the offenders must be
as
well imprisoned as fined. |
Cromp. 61.
P. Force. 2.
P. Riots. 1. |
§. 19.
Fine. |
5. Also the said Justices of Peace (and none
other) shall assess the Fines
upon the said offenders; for they have best knowledge of the matter, &c.
Co. 8. 40. a. Which Fines by the Statute of 2 H.
5. 8. ought to be of good
value, that out thereof the charges of the said Justices and other Officers
may be born, sc. their charges in going, tarrying, and returning,
&c. about
the Suppressing and Inquiry of such Riots; of which charges, payment
shall be made by the Sheriff, by Indenture thereof made between him
and
the said Justices. |
Lam. 312.
557
Cro.
p. 10. |
| Fines. |
And yet such Fines must be reasonable and just,
and Secundem quantitatem
& qualitatem jure reprobatur communi, Co., 11. 44.) And so
it is commanded
by the Statutes 9 H. 3. 14. 3. E. 1. 6. 18 E. 3. 2.
& 34 E. 3. 1. P. Just. 1 & 18. |
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And by the reasonableness of the Fine shall be adjudged
by the discretion
of the same Justice of Peace. Co. 11. L. 56. b. |
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Note also, that the Fine assessed in this, and such
like Cases, must not
be imposed upon all the offenders joyntly, but must be assessed upon every
offender severally. Co. 11. 43, 44. |
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And yet note, that in some Cases a Fine or an Amercement
shall be imposed
upon divers joyntly; (sc. sometimes upon a whole County, sometimes
upon a Hundred, and sometimes upon a Town, as doe an ascape of a Murtherer,
&c. whereof see hic. post.) but that is by reason of the incertainty
of
the persons, and for the infiniteness of their number. Co. 11.
43. |
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§. 20.
Estreat. |
And the said Justice shall cause the said Fine to
be Estreated into the Exchequer,
that so the said Fines may be levied to the Kings Majesties use; and
then they are to deliver the offenders again, as it seemeth: Or else
the
said Justices may record such Riot by them viewed, and commit the offenders,
and after certifie the Record to the Assizes or Sessions, or into the
Kings Bench, as in Case of Forcible Entry. |
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