Chap. 82.
Lam. 559.
* Marlb. c.
1, 2, 3, 4,
Lam. 556. |
Riots.
care and discretion herein; for by the Statute 2 H. 5. c.
8. the offenders are
as well to be imprisoned, as fined, and it seemeth much more serviceable,
and more agreeing with the intent of the Law. Besides, this Fine
is called
in diverse places in the * old Statute, Ransom, (or Redemptio in
Latin) and
seemeth by the propriety of this word to imply, That the offenders ought
first to be imprisoned, and then to be ransomed, and delivered in consideration
of this Fine. ' To which purpose see Mr. Horne in his Mir.
of
Just. l. 3. ' where he sheweth that Ransom is the Redemption
of a Corporal
' Punishment due by Law to any offence. |
203 |
|
And these Fines the Justices of Peace are willed
by the Statute (2 H. 5.
c. 8.) to put in greater sums than they were wont to be put in such
cases,
for the beating of the charges of the Justices and other Officers, &c.
as is
before said. |
|
|
At the Common Law, a Riot was punishable as a Trespass,
and as well
the Fine, as the Imprisonment were at the discretion of the Judges;
and in
the same manner the Statute of 13 H. 4. inabled the Justice of Peace
to
punish such offenders. But now as well the Imprisonment, as the Fine
of
such offenders are to be increased by the said Statute, 2 H. 5.
c. 8. |
|
Crom. 63.
P. R. 34. |
And therefore where the Justices of Peace are remiss
herein (scil. in not
sufficiently punishing such offenders by due Fine and Imprisonment) the
Lords in the Star Chamber, have often assessed upon Rioters for
the same
Riot (for which the Justices of Peace have formerly assessed a Fine in
the
Country) a greater penalty, if they see cause: And yet in this case
the
offenders be not twice punished for one offence, but that one part of the
due punishment is inflicted at one time, and part at another. |
|
13 H. 4. 7.
39. H. 7.
13.
P. 3. 15.
Lam. 3. 8.
Lam. 319.
* Br. Premunir,
1. |
So lastly, if the Truth of a Riot cannot be found
by the Justices of
Peace upon such Inquiry (being hindred by the perversness of the Jurors,
or by the unlawful maintenance, countenance, or embracery of other
persons that put themselves into the cause,) then within one month next
after the Inquiry, the same Justices and Sheriff, and Under-Sheriff, shall
certifie before the King and Council (to the Body and Board of the
Privy Council, or into the * Kings Bench, Cromp. 63.) So much
of the
Fact and Circumstances thereof, as may by any ways or means appear unto
them, with the certainty of the names of the principal offenders, upon
pain of One hundred pounds to every of the said Justices, Sheriff, or
Under-Sheriff: And also the said Justices, with the Sheriff or Under-Sheriff,
ought in the same Certificate to certifie the names of such maintainers
and imbracers, with their misdemeanors; and of the time, place,
and other circumstances, and the impediments, why the truth of the Riot,
&c. is not found, upon pain of forfeiture of Twenty pound a piece to
every of the Justices and Sheriff, Cromp 63. b. & 199
b. The form of
such Certificate, see hic. |
§. 28.
Certificate. |
P. 3.
Lam. 318. |
The end of this Certificate is but only to put and
force the offenders
to answer thereto before the King and his Council: And though the
words
of the Statute do make this Certificate to be of the force of a Presentment
of twelve Men against the offender; yet such Certificate is no Conviction,
but that the offenders may * Traverse it, by the words of the same Statute.
And so this Certificate to be of the nature of a Declaration, or Indictment
at the common Law; and therefore it ought to comprehend the
certainty of the time, place, persons, and other material circumstances. |
* But such
Traverse.
and Certificate
shall
be sent into
the King's |
|
If this Certificate be not made within one month
after the Inquiry, then
is it not according to the Statue, and so not good to force the offenders
to answer. |
Bench, and
there be
tried.
Time. |
|
 |
