Page images
PDF
EPUB

unlawfully solicit and incite one J. D. a servant of one J. P. of, &c. to take, embezzle, and steal a large quantity, to wit, 100 pounds weight of twist, of the value of 7. of the goods and chattles of his master, the said J. P. to the great damage of the said J. P. and against the peace,

&c.

OFFENCES AGAINST THE PUBLIC PEACE.

235. Indictment for a riot.

(As in pr. 53, to the *.) To disturb the peace of our said lord the king, and then and there being so assembled and gathered together, did then and there * make a great noise, riot, tumult, and disturbance, and then and there unlawfully, riotously, routously, and tumultuously remained and continued together, making such noise, riot, tumult, and disturbance, for a long space of time, to wit, for the space of six hours and more then next following, to the great terror and disturbance, not only of the liege subjects of our said lord the king there and thereabouts inhabiting, residing, and being, but of all the other liege subjects of our said lord the king there passing and repassing in and along the public streets and king's common highways there*, in contempt of our said lord the king and his laws, and against the peace, &c.

236. Indictment for a riot and assault.

(As in the last count to the *, and then allege,) in and upon one M. N. then and there being, unlawfully, riotously, and routously, did make an assault, and him the said M. N. then and there unlawfully, riotously, and routously, did beat, wound, and ill-treat, so that his life was greatly despaired of, and other wrongs to the said M. N. then and there unlawfully, riotously, and routously, did, to the great damage of the said M. N. and . against the peace, &c.

237. Indictment for a riot, and endeavouring to rescue two persons apprehended for attempting to cut down a turnpike-gate.

(Commence as in pr. 53 to the *.) And being then and there so assembled and gathered together, armed with axes, hatchets, and other instruments, with an intent to cut down and destroy, and then and there did attempt to cut down and destroy, a certain turnpike-gate, then and there lately before, to wit, on, &c. erected by authority of a certain act of parliament in that case made and provided, entitled, “ An act" (the title of the act,) and that the said I. B. and C. D. afterwards, to wit, on the same day and year first above mentioned, at L. aforesaid, in the county aforesaid, were lawfully taken and apprehended for the offences aforesaid, and then and there were conveyed before I. S. esquire, then being one of the justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the county of H. aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county, to be examined touching the premises, and further to be dealt with according to law, and were duly kept and detained in custody at the dwelling-house of the said I. S. situate in L. aforesaid, for that purpose; and that the said I. B. and C. D. so being in custody for the offences aforesaid, he the said A. B. afterwards, to wit, on the same day and year first above mentioned, at L. aforesaid, in the county aforesaid, together with the said other persons (to the jurors aforesaid as yet unknown,) the dwelling-house of the said I. S. there situate, unlawfully, riotously, and routously, did attack and beset; and that he the said A. B. did then and there advise, persuade, and encourage the said other persons (to the jurors aforesaid as yet unknown) to discharge and shoot off several guns to and against the said dwelling-house of the said I. S. and by such advice, persuasion, and encouragement of the said A. B. the said other persons (to the jurors aforesaid as yet unknown) then and there did discharge and shoot off several guns against the said dwelling-house of the said I. S. with an intent forcibly to rescue the said I. B. and C. D. so as aforesaid being in custody for the causes before mentioned. (Conclude as in pr. 234. from the *.)

༡་ T

238. Indictment upon the riot act for a riot, &c. (a) (Commencement as in pr. 53. to the *.) To disturb the peace of our said lord the king; and that after

(a) By stat. 1 Geo. 1. stat. 2. c. 5. s. 1. it is enacted, "that if any persons, to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time after the last day of July, in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his undersheriff, or by the mayor, bailiff or bailiffs, or other head-officer, or justice of the peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the king's name, in the form herein-after directed, to disperse themselves, and peacea bly to depart to their habitations, or to their lawful business, shall, to the number of twelve or more, (notwithstanding such proclamation made), unlawfully, riotously, and tumultuously remain or continue together by the space of one hour after such command or request, made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation,

shall be adjudged felony without benefit of clergy, &c."

By s. 2. any justice, &c. (as before) shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be, while proclamation is making, and after that, shall openly, and with loud voice, make or cause to be made proclamation in these words, or like in effect: "Our sovereign, &c." (as set forth in the indictment in the next page.)

s. 3. Those assembled, and not dispersing within an hour, may be seized, &c. and if they make resistance, the persons killing them, &c. shall be indemnified.

Opposing, &c. the making of such proclamation, felony without benefit, &c. and if the proclamation be obstructed, rioters shall nevertheless suffer as felons, s. 5.

s. 4. If any persons unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any church or chapel, &c. or any dwelling-house, barn, stable, or other outhouse,

wards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, T. D. esquire, then being one of the justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the county of Middlesex aforesaid, and also to bear and determine divers felonies, trespasses, and other misdemeanors committed in the same county, did then and there come as near as he safely could to the said A. B., C. D., E. F., G. H., and the said divers other persons, to the number of twelve and more (to the jurors aforesaid as yet unknown,) being then and there so assembled, to the disturbance of the public peace, as aforesaid, and with a loud voice, he the said T. D. did then and there command, and cause to be commanded, silence to be, while proclamation was making; and the said T. D. after that, did then and there openly, and with a loud voice, make proclamation (according to the form of the statute in such case made and provided,) in these words following, that is to say, " Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act, made in the first year of King George, for preventing tumults and riotous assemblies. God save the king." And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., C. D., E. F., G. H., and the said divers other persons, to the number of twelve and more (to the jurors aforesaid as yet unknown), afterwards, to wit, on the saidday of March, in the said year of the reign of our said lord the now king, with force and arms, at the parish aforesaid, in the county aforesaid (notwithstanding the said proclamation was so openly made as aforesaid), did then and there unlawfully, feloniously, riotously, and tumultuously to the disturbance of the public peace, remain and continue toge

they shall suffer death without benefit, &c.

s. 6. Parties injured by such demolishing or pulling down, either wholly or in part, shall

recover their damages against the hundred, &c.

Extended to mills, and the works thereto belonging, by Geo. 3. c. 29. s. 1.

ther by the space of one hour after such command made by the proclamation so as aforesaid, against the form of the statute, &c. and against the peace, &c.

239. Information for a riot committed in open court, upon a special commission.

(Commence as in pr. 7.) That on, &c. at, &c. a special session of oyer and terminer and gaol delivery was holden, by adjournment, in and for the county of Kent, at Maidstone, in the said county, before Sir F. B. bart. one of the justices of our said lord the king of his Court of C. P. J. H. esq. another of the justices of our said lord the king of his Court of C. P. Sir S. L. knt. one of the justices of our said lord the king, assigned to hold pleas before the king himself, S. S. esq. one of the serjeants of our said lord the king, learned in the law, and others their fellows, justices and commissioners of our said lord the king, assigned, by letters patent of our said lord the king under the great seal of Great Britain, to inquire, by the oath of good and lawful men of the said county of Kent, of all high treasons and misprisions of high treason, other than such as relate to the coin of our said lord the king, within the county aforesaid done, committed, or perpetrated, and the said treasons and misprisions of treason, according to the laws and customs of England, for that time to hear and determine; and also assigned and constituted, by the letters patent of our said lord the king under the great seal of Great Britain, to deliver the gaol of our said lord the king of Kent, of the prisoners therein being and detained, on the 8th day of March, in the 38th year aforesaid, or who should be therein detained before the 10th day of April, in the same year, for and on account of any high treasons or misprisions of high treasons, other than such as relate to the coin of our said lord the king; at which said sessions, so then and there holden as aforesaid, before the commissioners and justices above named, and others their fellows as aforesaid, came A. C. esq. in the custody of I. P. esq. sheriff of the said county of Kent, and which said A. C. was and had been detained in the gaol of our said lord the king of the said county of Kent, before the 10th day of April, in the year aforesaid, to wit, on the 7th day of April, in the year aforesaid, for and on account of high

« PreviousContinue »