they took the reft and deliver d them to the Party ; and all this Matter was prefented by Tury in B,
1<. and it was faid that Bailiff of the King may levy People to execute Precept of' the King to take the
Body of a I arty and fo of a Conflate of a till upon Jffray made he may levy People, and others faid No„
unlefs in cafe of taking ofa Felon. See Marlb. 21. and Well. 1. cap. 17 and Weft. 2. cap. it. which
declare when a Shenft or Badiftsmny levy People of the King and when not, and that a Bailiff ou-ht
tot, but enly the Sheriff, and this upon Certificate of Refinance made to the Bailiff quod nota. Br
Riots, pi. 5. cites 3 H. 7. 10.
5. If a Mm be in his Houfe^ and he hears that J. S. will come to his Haw!.-. Pi. C.
Houfetobeat him, he may well make an Aftembl v of People of his Friends ' 5 s - ca P' 6t >-
and Neighbours to affilt and aid him in fate Keeping his Perfon. Per S J°- \ P n
FineuxCh.J. Br. Riots, pi. 1. cites2iH. 7 . 39. andcitesS.C.
6. But if a Man be menaced or threat ned that if he comes to the Mar- Dalt. Juft.
ket of B. or to IF. fhathefhallbe beat, he cannot make an Aifemblv of"?- 1 ?'-
People to affilt him to go there, and this in Safeguard of his I'erfon ;'For u^lf'px'c
he need not go there^ and he may have Remedy by Surety of the Peace; but , 5 s cap 65'
the Houfe ot a Man is to him his Caftle and his Defence, and where he S. 10. cites
properly ought to abide &c. Br. Riots, pi. 1. cites 21 H. 7 qq PerFi- s -Caccord-
neux Ch. J. ingly, and
fays that
Methods canrot but be attended with the Danger of railing Tumults and Diforders to the DMiirhinw
of the Publ.ckPe2ce.-Th0' a Man may ride with Arms, yet he cannot take 2 with him to defend him-
lelt even tho his Life is threatened ; For he is in the Protection of the Law which h luffiuent for hii
Defends
236
Riots.
Defence. Per Holt Ch. J. in delivering the Opinion of the Court. 11 Mod. 1 16, 117. pi. 2. Trin. <>.
Aim. ii. R. the Queen v. Soley.
7. Several Perfons in a riotous Manner endeavoured to refcue Goods from
the Sheriffs but tho' they could not prevail in the Refcous, yet they were
cenftircd in the Star-Chamber, and he had 100 1. given him by Decree for
his Expences, tho' it was not known that he paid any Fees in the Cauie.
Mo. 563. pi. 768. Mich. 41 and 42 Eliz. the Att. Gen. v. Croker & al.
if they by g. Coke Ch. J. laid, That the Stage Players may be indicated tbra Riot
their Shews un l awI ul Aifembly. Roll Rep. 109. pi. 51. Mich. 12 Jac. Sir An-
£±T thony Alley's Cafe.
nary andun-
ui'u'al Concourfc of People to fee them aft their Tricks, this is an Unlawful Aflemblv and Riot, for
which they may he indicted, and fined Dak. Jul!, cap. 1 36. cites 2 Roll. Rep. 109. [but it mould be
1 Roll Rep. 109. pi. 50.]
9. In a Riot fox Cutting of Corn, it was agreed by the whole Court,
That if a Man has Title to Corn, altho' that he comes with a great
Number to cut it with Sickles, it is no Riot ; but // be has not any Title,
altho' that he does not come with other Weapons then with Sickles,
and cuts down the Corn, it is a Riot. Godb. 438. pi. 504. Mich. 4 Car.
in the Star-Chamber. Huet and Overie's Cafe.
But if a 10. If one goes to afjert his Right with Force and Violence he may be
convenient guilty of a Riot. Per Cur. 12 Mod. 648. Anon.
Number eo° . . ^ . . . .
to claim UmmiDi, which is inchfed, and thev pull down the Inchfure, Us no Riot becaufe they go under a
Claim of K.i"ht. Per Holt Ch. J. in delivering the Opinion ot the Court. 11 Mod. 117. the Queen v.
Soley.
IfPeople ii; If a Number of People affembk together in a lawful Manner and
have a law- u p 0H a l aw f u l Occajion, As for electing a Mayor (as it was in this Cafe) or
fulJutbmtj the lik . Cj and d ur i n2; tn e Aifembly zfudden Affra) happens, this will noc
Vemllr'fa make it a Riot ah initio; but it is only a common Alfray. Ld. Raym.
Cortorathn, Rep, 965. Trin. 2 Ann. Grampound Corporation's Cafe.
ana above 2 . ,..„._...,.
of them come with Clamour and Noifi to difiurb them ; it will be a Riot, and it is a Trefpafs, fo it is of any
Franchife, Dean and Chapter &c. and cited 19 Ed. 3. -4. Regiftea 103. Per Holt Ch J. m deli,
vering the Opinion of the Court. 1 1 Mod. 115. pi. 2. Trin. 6. Ann* B. R. The Queen v. Soley.
S. P. Per I2 . If a Number of People ajfemble in a riotous Manner to do an tin-
Cm. 6 Mod igyrfxi jff^ ari (i a Perfiri, who was upon the Place before upon a lawful
\1in M BV Occalion, and not privy to their fir ft Dejign, comes and joins himfelf with
An on. —1 them, he will be guilty of a Riot equally with the reft. Per Holt Ch. J.
Serjeant which Powel J. feem'd to agree. .Ld. Raym. Rep. 965. Trin. 2 Ann.
Hawkins Grampound Corporation's Cafe.
fays it feeras r r H . ... ,,, .. , -^
to be certain, That if a Per/on (ami, others aHu.xlly engaged in a Riot, joins hmfelf unto them, and affijis
them therein, he is as much a Rioter, as if he had at firft aflembled with them for the fame Purpofe,
inafmuch as he has no Pretence that he came Innocently into the Company, but appears to have joined
himfcli unto them, with an Intention to lecond them in the Execution of their unlawful UnterpriM ;
and it would be endlefs, as well as fuperfluous, to examine whether every particular Perfon engaged in
a Riot, was in Truth one of the firft Aflembly, or actually had a previous Knowledge of the JJclign
thereof. Hawk. PLC. 156, 1 5;. cap. 65. S3.
13. HoltCh. J. thought an Affembly might meet together with fuch
Circmnftances of terror as to be a Riot. 2Salk. 594, 595. pi. 4 Trin. 6.
Annae in the Cafe of the Queen v. Soley & al.
It feems a- 14. If feveral arc aflembled lawfully without any ill Intent and an Af-
grecd, That frâ„¢ happens, none are guilty but fuch as act ; but if the Affcmbly was ori-
if a Number â– u un i a M tne Ad of one is imputable to all. Per Holt Ch. J. 2
beingSUVSalk. 59 S. 6. Anns at Nifi Prius in Middlefex. The Queen v.
getber at a Ellis.
huiT/cbimb-Jle, or any other lawful and innocent Occafion, happen on a fuiden parrel to f" 11 * ^
Riots.
3/
ihr fa f?<- Ears, they arc not Guilty of a Riot, hut of a Hidden Affray only, of which none are Guilty
but thole who actually engage in it; becaufe the Defigr. of their meeting was innocent and lawful anc
and the lubfequent breach of the Peace happened unexpectedly without any previous Intention concern,
ing it ; yet U is laid, That ,/ Periqns innocently aflcmbled together, do afterward, upon a Dilpute hap.
p«n,g to ,nfi among then,, form themfehes into Parties, ivitbProtoifes of mutual JJ!fiat,ce t ar.d Jen
mkeMray, they are guilty of a Riot becaufe upon then- confederating together with' an Intention to
break the Peace, »'"*â–
be Rioters, becaufe their aflbciating themfelvcs toge-
ther for lueh a new Purpofe is no Way extenuated by their having met at firft upon another. Hawk.
II C i)^> !)"■cap. " ) • ^- 5>
IS- If 3 or more are lawfully afemhkd, and Quarrelling, all fall on * Mod. 45.
oneol their own Company this is no Riot ; but ii it be on a Stranger the Mich - 2 ' An *
Very Moment the Quarrel begins, they beein to be an unlawful" Alfem- naeB- R ' A *
bly, and their Concurrence is Evidence of an Evil Intention in them that n ° n '
concur, fo that it is a Riot in them that aft and in no more. So ruled and
to lound by the Jury. 2 Salk. 595. in Middlefex, coram Holt. Ch T.
6 Annx. The Queen v. Ellis.
(B) What Perfons may be guilty of a Riot.
*. TF 12 Jurors (being committed to their Keeper) do fall out and
X fight 6 againft 6, this makes no Riot (fays Marr.) becaufe they
were la* folly affembled, and were compelled to be in Company tW_
ther. Lamb. Eiren. 169. cap. 5. .
2. But ii a Number of Women (or Children under the Jlgc of Difcretion)
do flock together for their own Caafe; this is no Aflembly puniihable by
theie Statutes, unlefs a Man of Difcretion movd them to affemble for the
â– doing of fome unlawful J 'tl, as Mr. Marr. writes. Lamb. Eiren 169.
cap. 5.
3. It a Major and Commonalty of a Town do affemble and make a Rout
in their Common Quarrel; this Offence ihall be adjudged and punifhed in
their Natural Perfons, and not in their Body Politick. Lamb. Eiren
170. cap. 5.
(C) Statutes. And Power of the Juftices.
*• 34 £• 3- Tj^Nacfs, That Juftices of Peace flj all have Power to refrain, By this
cap. 1. JQj arreft, and chaftife Rioters &c. and to impnfon and punilb Statute one
them according to Law. J Juft. of the
Peace may
certify fuch Difturbance of the Peace done in his View, and mav put the Difturbers in vffifiShl-
upon die Fad ; but if there is any mean Time, he cannot then commit them to Ward t! o' he ma vl
cord it. Kelw 41 . pi. 6. Mich. i 7 H. 7. Per Keble Anon. See the Note at pi. 5 ' Y â– *"
2. 13 H. 4. cap. 7. Enaas, That the Juftices of Peace, or two of them (at T. and 3
leaft) together with the Sheriff or Under-sheriff, /hall by the Power of the °^ ers we
County fupprefs Riots, Routs, and Unlawful Membles, arrefl the Offenders, SK?*
end record what float I be done : By which Record of the' faid Juftices andv^tZ
P P P Sheriff',
re
fa
238 _____ Riots - .
M* «## 15 £• z - 2 - /;/ C */* ^ forcible hntrus.
the Sheriff** ' <- ■j, H , cap - „ H rf they wen fined hy thejufiicei-, nnd upon a
the County, centra ^""f^'^^rA^c ill, It docs not appear that the Defendants,***
Wnt ofLn-^oro,,n ra L >, . ^ Jg j n fetting the Fine, whereas
conv.etcdby \i^;v ot ta : ^- ^ + , ulh ccs in the whole Proceedings; and f£
JBSSfewS^^ K ' l >' m ' 86 - "^ »*■<*>** The King v. Tempe*
* & r j r „, noon this Statute was taken he/ore two Juflkes of Peace only, witlnut the Sheriff or U*-
Ah frgM ^ ""J i: a5P er,-ed I en a « «/*' the Riot commuted, the Court held it
der-Sleriff , but baau* it W- ... , \y & M. B. R. The King v. C ench.
clearly good ^:^^'t„Uo 'st,L upnView *$, there the Mor Under-Ste-
Wiert the ^Tfeft'i^fflS wTiere the ConvfcYion is „,« «. JM*» taken alter the Riot
n11 '^ ^ ^Wthisi tn eSrence^Carth-sS;. Trin. BW.J. B. R. The King v. Ingrum.—-
is ended. Andtms is ^ Att . ndaaC e on the View is, that he may raifc the Pofle L.omitatus to fup-
S. P. And the Reaton o £ c A ^™£°£J m di: ; lcl , Cll , ri « Juices having a lawful Jur.fdUuon.
F ,r tlK- Rioters, »,. ,.1 We*** ™ C ___, Salk. 593- & ^accordingly.— .: Mod. i», Paleh.
J W S ft by Nar^of theking v. Page, Ingram &af. accordingly.— Ld. Raym/Rcp. «j. S.C.
accordingly.
not making , f j Pe ,f ons i n burning Hedges &c within, a Month after the
a^*V3\SSSsSSSp3.fi of any Cornet o'r Notice being to be made, or
Fact done: ^^^J^by Tome Thar they were bound by Law to take Notice at their Peril;
given to them . $*££*jfi c ' ontrarv Opinion. Ideo qusrc bene the Words of the Statute of
butdiverle othe rju £«"£* Rut the Reporter lavs, it leems readable that Notice or Complaint be
13 H 4. ? a P-^/T^%m7eo R 2 of Forcible Entries, whereof Mention is made in this&B-
^?^i B^ lSrfiK.«1»fcrth e lih Penalty of tool, if fuch Riot &c. be
tute of 15 H. 4- . B " ,IU . C .' , '^ 1 •" in thei r SelTions, and confequently they are not io m cafe they are
SSSSSS^^^^S^^ D - - x ^ mi * m% - The Atlorney
General \p*fe**:. te confined to 2S Days, but to the Almanack Monti. Per Curiam. Sid. iStf.
* The Month ftall not be «*™g F^ & ^ __^ ^ _. & f c „
p l. 9. Pafch. i6Cai .. B.*- ^ t , f p are con fined to take their In-
yearly fettled ^®^^5jS?SsSSSffl«» the Computation of a Lunar or ofa So-
quiry by t orce of W»» m , rh?t ff the ]u ^ iccs give Ae ir Charge to the Jury, and it
lar Month ; however it feems to b ^ e ' returning cf the %u%* within a Lunar Month, they may
isfaid that if they do but *^ȣgjg j^Jffily atBacbTdin them within the Time piefciKd
take the Verdict ate rwards to he L aufe. «Tg* Z -^ fuch convenicnt Difpatch as to the
neighbouring 1 u - ,, v- ^ fc of th;s St (tute (whldl , ays tllat tt} eyja*uito fic-
tion &c. and thatby Conltiuction 01 been the Practice to take fuch Inquriitions ± out of
««• of this J* m ^^° L \^ m ^lc e and P Comb. ^,. and the Time is only Mandatory.
SelTions. Garth. 3S4. The Kin v. ingra^ ^ ^ haftm the[[ . p roc d gs by
4&JfflS5££g; -^ !** ** Authonty - Ld Raym ' Rep - 2ij - s - c —
tions of Riots &c. but only in thei Se lions . out tne ^ 1 y y fMortmuon be given to the
The/^^-y^^^; ^n^ia^m,and«^^^^^
^ilSJSESKwitt^U. 'tic-Sit is good enough, fuch an Objeaion being difal-
towed. C^rth. sSj./Hk K, n g ' v ^ngram. was nQt only ^ q. ^.,„ ;
u A iA° K Cf of whl? 1 e uftices 1 ad no Power to ii^uire by this Statute, or by the Statute of
^f "fHet ^ wal not allowed' Carth. 383, 5 S 4 . The King v. Ingram.
* Libert // upon fitch htqntry the truth cannot be difcovefd tn Mwner afmfuf,
fays, it feems ^ a j// tbc fad Officers within one Month after fuch '#«'% */"*'# '*
toiiim.hat .. y { msth ir with the Cimmftancesthertof unto the km* and his Couh-
Sght'be S; 3 M any** "/ **« >^ *' » ^ ^^ ^ a W<*^%*
lots. 239
if 'hereupon the Defendant pall be brought to anfwer, and thofe that be found done either
Guilty pall be putuflfd at Difcretion of the King and his Council. r ° J g Bo ^
of the Privy Counfel, or into the Star- Chamber at the leaft, becaufe the Statute itfelf does by exprels
Words dift'inguifh tire King and his Council here, both from the Chancery and from B. R. which in
many Other Cafes be taken for the King and his Council alio. And this he does the rather note, becaufe
he had read of Certificates of this Kind fent by JtfHoes of the Peace into the Star-Chamber ; and for
that it is penal to thole Juftices, Sheriffs or Under-Sherirts, if they fhall not addrefs their Certificate as
the Statute doth appoint them, Lamb. Eircn. 521. cap. 1.
If the Offenders t raver fe the faid Certificate, then that, together with the
Traverfe, pall l>e fent into the King's Bench there to be tried.
If the Offenders, upon the frff Precept, do not appear before the Council, or
-in B. R. a zd Precept pall if f/te forth, upon which, if they cannot be found,
â– vr within 3 Weeks alter Proclamation made againft them in the next County
â– Court after the Delivery of the 2d Precept, they do not make their Appearance
â– before the Council in B. R. or m the Chancery (tin Vacation-time) upon Return
â– of the faid Proclamation, they pall /end coiivitf, and attainted of the Offence
committed.
Juftices of the Peace dwelling * nighefi the Place where fuch Offences ffjall * *t « not
•be 'committed, together wnhtl-K Sheriff or Undcr-Sherff, and alfo the fnjlices JJHJjJ^
of AJife, for the Time they /hall be in their Seffions (in cafe any be made in juftkesonly
their Pretence.) (ball do Execution of this AcJ, every one in Pain of 100 /. Should re-
move a
Force, but all the juftices of the County are bound to it : And thefe Words in theStatute, viz. That
the 2 'next Jullices fhall do it, are put but tor Gonuenievcy, and the more fpeedy Execution of juftice. Per
Roll", jerman, and Ask. Juftices; but Nicholas J. doubted of this. Sty. 246. Hill. 1650. in Cafe of
Cuftodes &c. v. Maine and Serjeant.
Hawk. PI. C 165. 166. cap 65. Sect. 45. &c. The Serjeint fays, that • in the Cor fir ucf ion cf this
'Claufe of this Statute, the following Opinions have been holden,
. 1 ft, That no Juftice of Pence is in Danger of incurring the Penalty thereof, unlefs he «'«•«// in the County
wherein a Riot happens.
idly, That if any Juftices of Peace, who do net dwell neareft to the Place, do actually execute the Sta~
ttite, they excufe all the reft. : .
;dly, That if the Juftices whofe Dwelling was neareft at the Time of the Riot, or one of them, hap-
pen to die within the Atonth, thofe whole Dwelling is thereby become the neareft, are bound to executes
â– the Statute in the fame Manner as the others were.
4thly, Thar notwithstanding thofe Juftices only, who dwell neareft, are liable to the Penalty of the
.Statute, 'yet if any others on Notice ncglcH to fupply 'their Default, they are fineable at Difcretion.
tfttity That if the 2 Juftices, or one of them, do their Duty in executing, or endeavouring to execute
the Statute, they fhall not incur any Penalty thro* a Default of the Sheriff Sac. either in refilling to ap-
pear, or to return a jury Sec.
6thlv, That the (aid juftices Sec. fhall not avoid the Penalty by executing the Statute in Part only, as by
recording a Riot without committing, the Parties.
-thly "That no Juilice &c is fubk& to the Penalty of the faid St3tute,_ on account of a Petit Riot,
but only' of fuch as are notorious, and in Nature of Inlurre&ions and Rebellions.
Sthl'y, That if a juftice of Peace &c. had no exprefs Nonce given him of the Riot, he fhall be ex-
cufed unlefs it were fo very flagrant, that by common Intendment every one dwelling near ic could not
•but have Notice thereof.
othly That the Acquiefcer.ee or Agreement of the Parties aggrieved is no Excufe to the Juftices, be-
cause thev oucht, ex Officio, to make the Inquiry, and make Proclamation whether any will give Evi-
dence for 'the 'King &c. and may bind fu;h of the Parties grieved, asfliall refufe to profecute their Com-
plaint, to their Good Behaviour.
3. zH. 5. Stat. 1. cap. 8. S. 1. Enacts, That upon any Default of the
J nji ices of Peace Mc touching the Execution of 1$ H. 4. a Commifjion pall-
be awarded, at the Inftance of the Party grieved, to enquire as well of the Truth
of the Cafe as of the Default of the faid fnftices &e. and that the faid Lom-
mifftomrs pall immediately return into Chancery the Inquejls tjtten before
them â– and that the Coroner of the County fhall make the Panel for the Time,
that any Sheriff' fupposd to be in Default, fhall continue in his Office ; and
1 hat the Jurors : who pall make Inquiry, fhall be worth 10 I. per Ann. and
ffjall be rdirnfd by the Coroners, if the Sheriff, fupposd to be m Default, con-
tinue in his Office &c. ,-..,„, ,, r Made perpe-
4 2 H. 5. Stat. 1. cap 9. Ena&s, That the Lord (chancellor, upon Lorn- tual by s H
plaint made to him, that a dangerous Rioter is fed unto Places unknown, (j.cap.i*
24-Q Riots.
Provided that it be upon a Suggejlion under the Seals of two Jujlices of Peace,
and : iff, that the common Fame and Voice runneth in the County where
fitch Ri>: is 3 n/O) awayd a Capias againfi the Party returnable in Chan*
eery, upon a certain Day &c. and afterwards a Writ of Proclamation re-
turnable in B. R. &C. and that the Jurors, to inquire of a Riot, pall
have 20 s. a Tear Freehold, or 1 I. 6 s. 8 d. Copyhold.
Hawk. PI. C. 5. Trefpafs of AJ fault, Battery and Imprifonment againft J. K. and
>" «P- others, the Dejendant /'aid, thai at the Time of the Trefpafs they were
p- %!%&_ Servants to Sir Thomas Green, who at the Time &c. was a Jujlice of
tutc ;4 E. Peace of our Lord the King in the fame County, by Letters Patents of
%. cap. 1. the King, and that it was ft ew'd to the fame Sir Thomas Green, That the
has been //- Plaintiffs were riotoujly affembled with Force &c. at D. where the Treipafs
ber.ilh con- j s f U pp OS ' ( i ) ly which the faid Juftke went to D. to fee the Peace kept, and
tdiance- found them riotoufly affembled and arm'd, by which the Defendants, as Ser-
ment of vants to him, and by bis Command yldtunc i3 ibidem, came to arrejl them,
jf"f the 5 for who would not obc) them, nor the Command of the laid Jultice, by which
" fYv d " they put them in the Gut, which is the fame Trefpafs. And by the bell Opi-
That if 'a nion, and in a Manner by ail, That in the Abience of the Jultice he who
jfujlke of makes the Arrelt, ought to have Warrant ; lor a JujTice of Record cannot
Peace finds command out 0) 'his Prefence, unlefs by Precept in Writing. Er. Peace &c.
SXar-Pl-7.cites I4 H. 7 .3:
fembled, lie,
without flaying for his Companions, has not only Power to arrtfi the Offenders, and bind them to their Gcod Be-
haviour, or imprifon them, if they do not cfter good Bail, but that he may alfo authorise others toarrefi them
by a bare Parol Com wand without other Warrant, and that by Force thereof the Perfins, fo commanded,
may turfite and arrejl the Offenders in his Jbfence, as well as Prefence : It is alfo^faid, That if a Jujlice of
Peace be fick, and hear that Per fans are riotoufly affembled, he may fend lis Servants to arrejl tie m, and
bring them before him ; and that if he hear that Perfons are riotoufly together in a certain Place, and
pots' thither, and finds none there, he may leave his Servants behind him, with a Command to arrejl them
When they fhal I come. Alfo it is laid, That altera Riot is over, any one Juftiee of Peace may lend his
// arrant to arrejl any Perfon who ivas concern d in it, and alio that he may J'end hint to Gaol rill he fhall
rind Sureties for his Good Behaviour.
6. 1 Geo. 1. cap. 5. S.i. Enacts, That if any Perfons, to the Number of
iz' or more, being unlawfully, riotoujly, and tumultuonjly affembled together
to the Dijlurbance of the Publick Peace J and being required or commanded by
any Ju/rice of Peace, Sheriff of the County, or Under-Sheriff, or by the Mayor-
Bailiff or Bailiff's, or any Head-Officer, or Jujlice of the Peace of any City or
Town Corporate, where J'nch Affembly fhall be, by Proclamation to be made in
the King's Name, (as therein is after direcled) immediately to difperfe them-
fehes, and peaceably to depart to their Habitations, or to their lawful Buji-
nefs, under the Pains of the faid Statute, fhall afterwards unlawfully,
riotoujly, and tumultuonjly continue together for the Space if one Hour after
fuch Proclamation made, or after a wilful Let or Hindrance of a Jujlice of
Peace lfjc. from making the faid Proclamation, pall be adjudged Felons with-
out Benefit of the Clergy.
S. 4. And if any Perfons unlawfully, riotoujly, and tumultuonjly affembled
together, to the Dijlitrbance of the Publick Peace, fhall demolip or pull dozen,
or begin to demolip or pull down, any Church, Chapel, or Building, for Reli-
gious IVorfhip, certified [and- 1 egifier 'd according to ilV.&M. 18. commonly
caWd The Toleration Ait, or any Dwelling-houfe, Barn, Stable, or other Oiit-
houfe, they pall be adjudged Felons without Benefit of Clergy.
S. 5. And if any Perfon or Perfons pall with Force and Arms wilfully and
knowingly oppofe, objlrutl, or in any Manner wilfully and knowingly, lit,
hinder, or hurt any Perfon &c. who pall begin to proclaim, or go about to make
Proclamation as therein appointed, whereby fuch Proclamation fhall not be
made, pall I c adjudged Felons without Bene ft of Clergy.
S. 6. And whenever any fuch Church tfc.pall be dernolifked &c. by any
fuch Rioters &c. the Inhabitants of the Town or Hundred, wherein the Riot
happened, p. ill be l ound to make good the Damage £jV.
S. 8. Pro-
Riots. 241
S. 8. Provided that fitch Offenders le profeciited within one Tear after the
'Offence committed.
"â– S. 10. This Acf to extend to Scotland.
(D) Informations and Indictments. Good or Not,
1. "tt ^Xception was taken to an Incitement That Bricket and the other
jPj Rioters are named of Nun-eaton in the County of IV. and that they
[ djfembled thenifehes at Artlcborough in the Parijh of Nun-eaton iiforefaid j
and fays not in ivhat County Artleborough is ; for it was faid, That Ar-
tlcborough may be in the Pariih of Nun-eaton and yet in another Coun-
ty, but the Court held it well enough ; for it appears not that Artie-
borough is a Town, but it may be a Lieu conus in the Pariih of Nun-ea-
ton, and being named in the Pariih of Nun-eaton, it ihall be intended to
hi in thefaine County. Cro. E. 108. pi. 3. Mich. 30 and 31 Eliz,. B. R.
Bricket & al.
2. An Indictment of Riot and Battery &c. Contra Formam diver forum
Statutorum was ruled to be good, tho' itmention'd no Statute in certain ;
and the Clerks of the Court faid there were divers Precedents thereof
Noy 132. Darcy's Cafe.
3. Several were indicted for a Riot, and no Addition of Place to any
of them but to thelafl; and he was called B. R. de Huttofr, Yeoman.
IVr Williams J. the Word Yeoman goes to them all, but the Place viz.
Hnttoft goes only to the lalt, and fo for Want of Addition of Place,
where the others dwelt, the Indictment was qualh'd. Built. 183. Pafch.
so Jac. The King v. Haltings.
'4. An Indictment for a Riot was quam'd becaufe it wanted the Words
Trcbcrum & Legaluim Homnum. 2 Roll. Rep. 400. Mich. 21 jac. B. R.
The Ring v. Miller.
5. A Joint information was exhibited againj? 2 Juflices for not inquiring The Report
(f a Riot ; Gne was found Guilty, and the other acquitted 5 it was moved at {^'J* ftatc<:
in Arret! of judgment, That there ought to have been feveral Informa- Va-ditt was
tions, becaule the Offences are feveral ; beiides, no Judgment could be ^iven again'ft