| Chap. 139. |
Riots.
Water, &c. And though it were lawful to make the trenches,
and to debruse
the Nusance, yet for that they came with such number, and weapons,
they were deeply fined in the Star-Chamber, 36 Eliz. |
325 |
31 & 32
El.
Cromp. 64. |
Also one Kemp, Lord of a Copihold, did enter
with twenty persons, and
cut his Copyholders Corn with force, for that his Copyholder would not
compound with him for this Fine; and although the entry of the Lord
was holden lawful, yet punishable as a Riot in regard of his number and
force. |
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| Cromp. 64. |
In all cases where three (or more) shall enter into
Lands, &c. with
force (upon the possession of another) where their Entry is lawful, yet
it is a Riot, by reason of number and force; for the Stat. of 5 R. 2.
prohibiteth
the Entry with force or with multitude of people, although the
Entry be (otherwise) lawful.
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What persons may commit a Riot, &c. CHAP.
CXXXIX. V. 88.
IF a number of Women (or Children under the age of
discretion) do
flock together for their own cause, this is no Assembly punishable by
these Statutes, unless a man of discretion moved them to assemble for the
doing of some unlawful act, as M. Marrow held. |
§. 1. |
Lamb. 184.
Cromp. 62. |
Yet certain Women, that had apparelled themselves
in mans apparel,
and had pulled down riotously a lawful inclosure, were worthily punished
for the same in the Star-Chamber, as Mr. Lamb. reporteth. |
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Also Women and Children may commit a force, may
commit larceny,
and may be bound to the Peace, as Breakers of the Peace. See before,
tit.
Surety for the Peace, and Forcible Entry, and Doct. & Stud. 147,
148. |
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Concerning Children and their punishments in such
cases, See hic. |
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Co. 3. 72.
& 11. c. 61. |
Also Women covert are holden to be within the Stat.
of Mert. cap. 6.
for Ravishment of Wards; and within the Stat. of Westmin. 1. cap.
20. de
Malefacroribus in parcis: and within the Stat. of 8 H.
6. of Forcible Entry:
and within the Statutes of 1 El. cap. 2. and 23 El. for Recusancy,
although they be not named within any of these Statutes. |
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Co. Ibid.
4 E. 4. 26.
Co. 11. 61.
b.
22 Ass. 87.
43 E. 3. 18.
Br. Imp.
100. |
Also if a Woman covert shall commit any Riot, or
do any trespass or
other wrong, she is punishable for it; and for a trespass done by the Wife,
or for a scandal punished by her, the action lieth against both the Husband
and Wife, sc. an Action of Trespass, or of the Case, shall be brought
against the Husband and Wife, and there the Husband is chargeable to
the damages or fine, because he is party to the Action and Judgment, (See
paulo antea tit. Forcible Entry.) but if a Woman covert without
her Husband
be indicted of a Trespass, Riot or any other wrong, there the Wife
shall answer, and be party to the Judgment only; and in such case the
Fine set upon the Wife shall not be levied upon the Husband; yet after
the Husbands death it seemeth such damages or fine shall then be levied
of
the Wife her self; And as for imprisonment or other corporal pain,
it
shall be inflicted upon the Wife only, and not upon the Husband for his
Wifes Act or Default. |
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And note, that any Subject of this Realm, for any
injury done to his
person, or done to him in his Lands or Goods, may pursue, and have the
Justice of the Law, against any other Subject, be he bound or free, be
it a
Woman or an Infant, be they Religious persons or be they persons excommunicate
or outlawed or other person whatsoever, without any exception,
&c. for the King (by the Stat. of Mag. Chart. cap. 29) saith,
Nulli
vendemus, nulli negabimus, aut differemus justitiam, vel remedium, Dyer
104. |
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