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Riots.
had continued together three hours after Proclamation, it had been Felony;
but these two last Statutes stand now discontinued. |
Chap. 136. |
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But an assembly of an hundred persons or more, (yea,
though they be
in armor) yet if it be not in terror or affright of the people, and were
assembled without any intent to break the Peace, it is not prohibited by
any of these Statutes, nor unlawful. See infra. |
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§. 3.
The Intent. |
For the intent: It seemeth it can be no Riot,
&c. except there be an
intent precedent to do some unlawful act, and with violence or force. |
Cromp. 6.
P. R. 25. |
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And therefore, if divers be assembled, and none
of them do know to
what end or purpose they are met; This can make no Riot or Rout, till
the intent be known. |
Lamb. 183.
Cromp. 61. |
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If the Master (intending to make a Riot) taketh
with him his ordinary
Servants, and maketh an affray or other outrage with them. This is
no
Riot in the Servants, except their Master had made them privy to his intent
before, but the Master only shall be punished for this. Yet Quære,
whether this shall be adjudged, or punished in the Master as a Riot. |
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And in this former Case it is not material, though
the number of his
Servants that go with him are above his degree, so long as they be his
Houshold Servants. Lamb. 184. P. R. 25. |
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If divers being lawfully assembled, shall quarrel
or fall out upon the
sudden, without any former such intent. This is no Riot, but a sudden
affray. |
Cromp. 61. |
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If divers be at an Ale-house, and without any intention
of affray they
suddenly fall together by the Ears. This is no Riot, but a sudden
affray,
because they had not such intention before. |
Lamb. 184. |
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If a Jury being together, shall fall out and fight.
This is no Riot, because
they were lawfully assembled. |
Ibid. |
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Also where there be three or more gathered together,
either to execute
the Justice of the Law, or for the exercise of valor, and tryal of activity,
or for the increase of amity or neighbourly friendship, (and not being
met
with an intent to break or disturb the Peace, or to offer violence or to
hurt
to the person of any) such Assemblies be not prohibited by any of these
Statutes, nor unlawful; as if the Sheriff, Under-Sheriff or Bailiff, shall
take power (what number they shall think good) to execute the Kings
Process, &c. It is lawful: So of other Officers.
See more thereof postea
tit. Posse Comitatus. |
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So it is a lawful Assembly, which is gathered together
to run at Tilt,
&c. by the Kings Commandment. |
2 H. 7. 1.
Br. Riot.
20. |
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So the assembly of People, and their use of harness
upon Midsummer
night in London, being only for disport, is lawful; and though
it be
with a great Assembly of People, and in Armor; yet it being neither in
affright of the people, nor malum in se, nor to do any act with
force or
violence against the Peace, it is lawful. |
Br. 2. |
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" If Stage-players, by their shows, occasion an
extraordinary and unusual
" concourse of people to see them act their tricks; this is an unlawful
" Assembly and Riot: For which they may be indicted and fined, as
" Coke said. M. 12 Jac. Rolls Rep. 2 part
p. 109. |
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Also if divers do assemble and gather together,
to drink at an Ale-house,
or at a Christmas dinner, or at a match of shooting, or such lawful
disport; or else to play at Football, Bucklers, Bear-baitings, Dancings,
Bowls, Cards or Dice, or such like unlawful Games or Disports. This
is
neither Riot, Rout nor unlawful Assembly within these Statutes, nor here
prohibited: For these Meetings usually are not with any intent to
offer or
do violence or hurt to the Person, Possessions or Goods od any other; |
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