Chap. 136.
Br. Riot
4, 5.
Lamb. 179.
181. |
Riots.
another Mans Possession, House or Land, &c. Or to cut or take
away
Corn, Grass, Wood or other Goods wrongfully; or to hunt unlawfully
in any Park or Warren; or to do any other unlawful act (with Force or
Violence) against the Peace; or to the manifest terror of the people; if
they only meet to such a purpose or intent, although they shall after depart
of their own accord, without doing any thing, yet this is an unlawful
Assembly. |
321
Unlawful
Assembly. |
| Br. 4. |
If after their first meeting, they shall ride, go
or move Forward toward
the execution, of any such act (whether they put their intended purpose
in execution, or not.) This is a Rout. |
Rout. |
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And if they execute any such thing in deed, then
it is a Riot. |
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| Br. 4, 5. |
And yet by the opinion of some, a Rout is only where
such a company
(of three or more) are so assembled, for their own common or proper
quarrel (and not in the quarrel of any other person.) As where the
Inhabitants of a Town do assembly together to pull down a House, Wall,
Pale, Ditch or other Inclosure, pretending to have title of Common, or
a Way there; or to beat a Man that hath done them some publick offence.
But yet the word Rout, seemeth to have a more large and ample meaning,
as appeareth by the Statute of 18 Ed. 3. c. 1. speaking of
Routs that are
brought in the presence of the Justices; and the Statute of 7 R. 2.
c. 6.
treating of Riding in great Routs. |
Riot. |
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Master Finch described them shortly thus,
Fi. lib. 2. |
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Br. 4, 5.
Lamb. 180. |
An unlawful Assembly is, when above the number of
two shall assembly
to do any unlawful Act. |
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A Rout is, when the set forward to do it. |
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A Riot is, when they do it in deed. |
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But at the Common Law (before the making of these
Statutes) these
Facts and unlawful Assemblies committed or done, were of none other
qualities in their natures, than other common Trespasses; although sometimes
by the discretion of the Justices, a greater fine was assessed in such
cases than was for other common Trespasses. |
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Now in Riots, Routs, and unlawful Assemblies, these
four Circumstances
are to be considered. |
§. 2.
Circumstances. |
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First, the number of the persons assembled. |
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Secondly, The intent and purpose of meeting. |
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Thirdly, The lawfullness or unlawfullness of the
act. |
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Fourthly, The manner and circumstances of doing
it. |
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For the number, there must necessarily be three
persons at the least,
so gathered together; for else it can be no Riot, Rout or unlawful Assembly
within the meaning of these Statutes. |
The number. |
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" By the Statute 1 Ma. 12. & 1 El.
16. if above the number of two, and
" under twelve assembled together, had gone about unlawfully to kill any
" Subject, or to cast open any Inclosure, destroy any Deer, Conies, Dovehouse
" or Fish, to pull down Houses, burn Stacks of Corn, or abate Rents,
" or prices of Corn or Victuals, if they had not departed upon Proclamation,
" but should after attempt to do any of those things, they were
" to be imprisoned by the space of one year, without Bail. P.
20. |
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| P. 16, 17. |
By the same Statute of 1 Ma. 12. & 1
El. 16. if twelve persons or more,
assembled together, should have intended, or gone about to change any
Laws, or to have done any of the former things, if they had not departed
within one hour after Proclamation, it had been Felony in them all. |
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| P. 31. |
And by the same Statute, if the number had been
forty, or above, that
had assembled together, to the intent to have done any of the former things
contrary to those Statutes, or any other felonious or rebellious act, if
they |
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