320
Statutes. |
Riots.
Riots. CHAP. CXXXV. V. 85.
IT may easily and manifestly appear to all such as
have been conversant
in our Chronicles, how pernicious and dangerous to this Kingdom,
unlawful Assemblies have been in all precedent ages, yea, such as at
the
first were very small, and began upon very small occasion; yet not
being
repressed in time, grew to such greatness and height, that they afterwards
put in hazard the State and Government of this Land. And therefore
it is behoveful and good wisdom for all Justices of Peace, to indeavour
by all good means to quench the beginnings and first sparkr of such
Assemblies,
as knowing, that for want of timely restraint, they may soon grow
to the like danger again. |
Chap. 135, 136. |
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Now for the better suppressing of such unlawful
Assemblies, and partly
for the better inabling of the Justices of Peace therein, there were
three
Statutes devised and provided specially by the wisdom of the Realm,
and
are remaining yet in force; That is to say, The Statute of 13 H.
4. 7.
2 H. 5. 8. & 19 H. 7. 13. |
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The Statute of 13 H. 4. authorising, nay
upon a great penalty injoying
the Justices of Peace (together with the Sheriff) to arrest, remove
and punish the offenders. |
13 H. 4.
cap. 7. |
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But for that the aforesaid Statute gave no remedy
to the party grieved,
if the Justice of Peace or Sheriff should make default; as also for
the
better stirring up of the Justices in this business, the Statute of
2 H.
5.
was made, authorising the Lord Chancellor of England (at the
instance
of the party grieved) to grant a Commission, to inquire of the defaults
of the two next Justices of Peace and Sheriff, in not executing of
the
aforesaid Statute of 13 H. 4. And withal providing, how
the charges of
the Justices, spent about the suppressing and inquiry of such Riots,
should
be born; and also limiting what punishment, as well the offenders attainted
of such Riots, as also all such as should not be ready to assist and
aid the said Justice to repress such Rioters, should suffer. |
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And lastly, for that the two former Statutes did
not express of what
sufficiency the Jurors impannelled to enquire of Riots, should be;
nor
what Issues they should lose, if they appeared not; nor any certain
punishment
was inflicted upon the maintainers or imbracers of such Jurors:
Therefore the Statute 19 H. 7. was made. But so much of
these things
as concern the Justices of peace, do appear more particularly here
before:
And therefore now I will proceed in this business. |
19 H. 7. 13. |
§. 1. |
First, What shall be said to be a Riot, Rout or unlawful Assembly,
within
the meaning of these Statutes. CHAP.
CXXXVI.
' AN unlawful Assembly, Riot or Rout, is where three
or more shall
' gather together, come or meet in one place, to do some unlawful
' act with violence, and that unlawful act must be Malum in se,
and not Malum
' prohibitum. As when three persons or more, shall come
and assemble
themselves together, to the intent, to do any unlawful act, with force
or
violence against the person of another, his possessions or Goods.
As to
kill, beat or otherways to hurt, or to imprison a Man; to pull down
a
House, wall, Pale, Hedge or Ditch; wrongfully to enter upon, or into |
Br. Riot 5.
Cromp. 68
P. R. 25. |
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