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Riots.
And if the Justices shall not proceed herein (Ex
Officio) without some
will give in evidence for the King. Quære, if they shall
not be hereby in
danger to lose the Hundred pound upon this Statute, for the Reasons abovesaid. |
Chap. 82. |
Complaints
without
cause, |
And it seemeth, that the Justices of Peace may justly
bind to their Good
Behavior, the Parties that first complained to them of this Riot, and have
caused them to meet, and now will not prosecute the same for the King,
but have agreed it. |
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§. 24.
Hear and
determine. |
After such Inquiry had, and the truth of the Riot
found, the said Justices
have authority (by the said Statute) to hear and determine the same according
to the Law, viz. They may make out their Warrant or Process,
(sc. a
Venire facias,) against the offenders under their own Teste
(thereby to
cause the offenders to come in and answer) and upon the appearance of
the said offenders, the said Justices may assess their Fine, and may commit
them to Prison, till they have paid their said Fine, and may deliver them
after payment of the same Fine, or upon Sureties taken for it (which Sureties
ought to be bound by Recognizance;) or otherwise they may receive
their Traverse, and thereupon (of the matter will so serve) to discharge
and
dismiss them: But then the said Justices shall do well to send such
Indictment
or Inquisition found (and such Traverse) to the next Quarter Sessions,
or into the Kings Bench, and there the Traverse shall be tried and
determined
according to Law, P. R. 30. |
13 H. 4. c.
7. p. 2.
Lam. 317.
Br. Imp.
100. |
§. 25.
Removal. |
Note, that all Indictments, Inquisitions, or Presentments,
taken and
found before Justices of Peace, of any Riot, Forcible Entry, or other thing
against the Peace, may be delivered into the Kings Bench, by the
hands of
the same Justices of Peace, before whom the same was found, or otherwise
may be removed from the said Justices of Peace, before the Justices of
the Kings Bench, by a Certiorari: In both which Cases
the Justices of the
Kings Bench may proceed to hear and determine the same. |
Lam. |
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Now by the Statute made 2 H. 5. c. 8.
the King is to bear the charges
of the Justices of Peace, which shall execute the Statute of Riots.
And
therefore, |
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§. 26.
Charges. |
Concerning the Fine so assessed by teh Justices
of Peace, the Justices of
Peace may thereout (as it seemeth) pay the charges of the said Justices,
and
of the Jury (which made the Inquiry, and by whom the Riot was found)
sc. For their Dier, and the Sheriffs Fees, &c. And
then they may bring the
Record of this Inquiry to the next Quarter Sessions of the Peace, and there
deliver the same Record to the Clerk of the Peace, together with the
residue
of the Mony remaining of the Fine, &c. |
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Also the Clerk of the Justice which maketh up the
Record of this Inquiry,
may have his Fees out of that Mony; or else he may take of every
offender Twelve pence, when they have paid their Fine: For so the
Clerks of the Peace use to do. |
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The Justices
charges. |
Or rather the said Justices are to be paid their
charged (in going and continuing
in doing, and executing their said Office) by the Sheriff, by Indentures
made between the Sheriff, and the said Justices; whereof the
Sheriff, upon his accompt in the Exchequer, may have due allowance,
2 H. 5. cap. 8. |
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§. 27.
Fine. |
But when Men are indicted of Riots (or the like)
they will usually yield
themselves, and pray to be admitted to their Fine (in which case the Justices
of Peace commonly do assess but some small sum or fine) and upon the
payment thereof, do discharge the offender; and hereby teh offenders are
not imprisoned, (which would work more for fear in such offenders, than
such Fine) and therefore it is behoveful for the Justices of Peace to use
good |
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