| Chap. 82.
13 H. 4. 7.
p. 2. |
Riots.
6. But if the Riot was not committed in the
presence of the said Justice
of Peace; or that the offenders be departed before the coming of the said
Justices, and Sheriff, or Under-Sheriff, then the said Justices, or two
of them,
at the least, within one month, immediately after such Riot, Assembly,
or Rout, shall inquire thereof by the Oaths of a sufficient Jury to be
returned
by the Sheriff, (' who shall return upon every person so by him
' impanneled in issues at the first day 20 s. at the second 40 s.')
and the
same Riot, &c. being found by such Inquisition, the Justices must make,
or cause to be made a Record in writing, of such their Inquiry or Presentment
found before them; which Record also is to remain with one of the
said Justices, P. R. 29. See the Form thereof, hic. |
201
§. 21.
Inquirers. |
|
The Form of a Precept to be made by the Justices
to the Sheriff, to return
a Jury, &c. Vide hic postea. |
|
|
The Form of such Inquiry or Presentment. See
also the title Precedents,
hic postea. |
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| Cromp. 62. |
This Inquiry shall not be, but where the Rioters
are gone before the coming
of the Justices; ' or where they had not the View of the Riot. |
|
|
It is not necessary that one of the Justices of
Peace (which shall make
Inquiry of a Riot) be of the Quorum. |
|
| Lam. 316. |
Although the words of the Statute are, the same
Justices (sc. which
came to see the Riot) shall inquire; yet if any other two Justices of Peace
of that County shall do it, that will suffice. |
|
|
Also the Justices of Peace although they go not
to see the Riot, yet they
may inquire thereof within the month after. |
|
| Lam. 317. |
Neither is it of such necessity, to have the Inquiry
within the month,
that for default thereof the Presentment shall be void; for the Justices
of
Peace may inquire thereof at any time by force of their Commission; but
if
it be not within the month, then every of the two next Justices are in
danger
to lose 100 l. for it. And yet if these Justices do charge
the Jury within
the month, and do give day unto them for to yield their Verdict and
Presentment after the month, the Statute is not offended. |
Time. |
|
But yet it seemeth that the Justices of the Peace
are not bound upon
the penalty of 100 l. to inquire within the month of all petty Riots,
but
only of such Riots as are notorious and dangerous, and in the nature of
Insurrections or Rebellions. |
|
Lam. 316,
318. |
At this Inquiry, the Sheriff, or Under-Sheriff,
ought to be present with
the Justices of Peace, but the Sheriff, or Under-Sheriff, be now as Ministers
only for the returning of the Jury (for this Inquiry) and be not herein
associated
with the Justices, as they were before in Arresting the Rioters, and
Recording their disorder; and therefore they are now to be spared from
being
Judges therein: Howbeit by this their presence, they may help
to espie
the evil; and besides, it addeth force and credit to the Certificate. |
§. 22.
Sheriff. |
Lam. 317.
Cromp.
62. p. 29. |
If the Justices do assemble themselves, the Sheriff
and Jury, to make
Inquiry of a Riot within the month, and the Parties be agreed amongst
themselves; so as none will sollicite the Inquiry, nor give in evidence
for
the King upon that Riot, seeing it may be that some of the Jury may
have knowledge of the Riot. |
§. 23.
Ex Officio. |
P. R. 29.
Cromp. 62. |
And also the Justices ought to make Proclamation,
That if any Man
will give evidence for the King concerning that Riot, or (generally) will
inform the King's Justices of any Riots, Routs, &c. And thereupon
some
other persons may perhaps come forth to inform him therein. |
Evidence. |
|
But if (at the Parties request) the Justices shall dismiss the Jury
without
Inquiry, they are finable for the same. |
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