| Chap. 137. |
Riots.
neither are they matum in se, they are in themselves neither
evil, nor unlawful,
not prohibited by the Common Law, though otherwise some of
them are prohibited by Statute. See before tit. Crimes Unlawful. |
323 |
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But if any of the persons assembled together for
any the Disports above
mentioned (or for the like) came with any intent or purpose to break or
disturb the Peace, or to offer violence, or hurt to the person of any,
and
shall make an affray or fo other outrage. This such be a Riot, in
so many as came with any such unlawful intent or purpose. |
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Lamb. 84.
P. R. 25. |
And if any of the persons assembled together (to
drink or play) at an
Ale-house, or for any the Disports above-mentioned, or the like, shall
fall
out suddenly, (without any former mention of an affray) and in that their
falling out, they shall not take themselves to sundry parts, and shall
make an
affray, it seemeth (by the opinions of some) that this shall be adjudged
a
Riot, in so many of both sides, as shall be Parties to that affray or quarrel.
But quære hereof, for that it was without any such intent
before their said
Assembly, and done only upon the sudden, and upon a sudden occasion
hapning after their said Meeting; and again, their said Assembly was at
the first lawful, or at least not prohibited by any of these Statutes,
nor
yet the Common Law. Co. 11. 8. |
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But otherwise, if by agreement they shall meet again,
and fight afterwards,
that maketh it a Riot, as being a now Assembly upon the former
quarrel; and so their second Meeting was upon an intent precedent to do
an unlawful act. |
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Where a great number shall assemble themselves,
or come into a house,
and there detain Possession of the house with force (though this is neither
a publick Fact, or Force, done in the open sight of the People; yet)
this is a Riot, and the Justices of Peace punishable, if they shall not
remove
such Force, and suppress such Riots. See the Case of Drayton Basset.
before, tit. Forcible Entry.
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Concerning the lawfulness or unlawfulness of the Act.
CHAP. CXXXVII.
V. 86.
NOte, That the lawfulness or unlawfulness of the
thing done or intended,
doth not always excuse or accuse the parties to a Riot,
&c. but so, that the manner and circumstances of the Act, must also
be
considered. |
Lawfulness
of the Act. |
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For every Man may assemble company to aid him in
his house, against
injury or violence: But if a Man be threatned, that if he come to
such
a place he shall be beaten. In this case, if he shall assembly any
company
to go thither with him (though it be to safeguard his person) it seemeth
to be within the compass of these Statutes, and unlawful. Br.
Riots 1. |
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Every Man in peaceable manner may assemble a meet
company (and
may come) to do any lawful thing; or to remove, or cast down any common
Nuisance done to them. |
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Co. 5. 101.
& 9. 55. |
Every private Man, to whose House or Land any Nusance
shall be
erected, made or done, may in peaceable manner assemble a meet company,
with necessary Tools, and may remove, pull or cast down such
Nusance, (and that before any prejudice received thereby) and for that
purpose, if need be, may also enter into the other Mans Ground. Br.
Nusance,
14 & 33. |
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36 Eliz.
Cromp. 66. |
A Man erects a Wear, cross a Common River (where
people have a
common passage with their Boats) and divers did assemble with Spades, |
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