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every such demolishing or pulling down, or beginning to demo"lish or pull down, shall be adjudged felony, without benefit of 66 clergy, and the offenders therein shall be adjudged felons, and "sball suffer death as in cases of felony, without benefit of " clergy."(x)

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&c. guilty of felony without

clergy.

The 56 Geo. 3. c. 125. reciting the 1 Geo. 1. st. 1. C. 5., the 56 G. 3. c. 125. 9 Geo. 3. c. 29., and the 52 Geo. 3. c. 130., and that it was expe- pulling down, s. 1. Rioters dient and necessary that more effectual provisions should be made &c. engines, for the protection of property not within the provisions of those bridges, buildacts, enacts," That if any person or persons unlawfully, riot- ings, &c. belonging to colously, and tumultuously assembled together in disturbance of lieries, mines, "the public peace, shall unlawfully and with force demolish, pull "down, destroy or damage, or begin to demolish, pull down, de"stroy or damage, any fire engine, or other engine, erected, or to "be erected, for making, sinking, or working collieries, coal"mines, or other mines, or any bridge, waggon-way, or trunk, "erected or made, or to be erected or made, for conveying coals "or other minerals from any colliery, coal-mine, or other mine, "to any place, or for shipping the same, or any staith or other "erection or building for depositing coals or other minerals, or "used in the managemeut or conducting of the business of any "such colliery, coal-mine, or other mine, whether the same en"gines, bridges, waggon-ways, trunks, staiths, erections, and "other buildings or works, shall be respectively completed and "finished, or only begun to be set up, made and erected, that then "every such demolishing, pulling down, destroying and damag"ing, or beginning to demolish, pull down, destroy and damage, "shall be adjudged felony, without benefit of clergy; and the "offenders therein shall be adjudged felons, and shall suffer death as in case of felony, without benefit of clergy." (y)

Women are punishable as rioters: but infants under the age of discretion are not.(x)

II. By some books the notion of a rout is confined to such Of a rout. assemblies only as are occasioned by some grievance common to all the company; as the enclosure of land in which they all claim a right of common, &c. But, according to the general opinion, it seems to be a disturbance of the peace by persons assembling to

(x) The third section enacts, that persons injured by such demolishing, &c. may recover the value or damage in the same manner as is provided by the 1 Geo. 1. st. 2. c. 5. in respect of the buildings mentioned in that act. And see now where the damages are under 301., the 3 Geo. 4. c. 33. The fourth section provides as to some of the proceedings necessary to entitle a person to recovery; a notice within two days after the damage, an examination on oath, within four days after the notice, as to the persons who committed the fact being known, and a recognizance to prosecute if the of fenders are known. And there is a proviso also, that the action against

the hundred shall be brought within a
year after the offence committed.

(y) The second and third sections
provide as to the recovery of the value
of property destroyed, and as to the
proceedings for such purpose, in a
manner nearly similar to the third and
fourth sections of the 52 Geo. 3. c. 130.
See ante, note (x). And see now where
the damages are under 301., the 3 Geo.
4. c. 33.

(z) 1 Hawk. P. C. c. 65. s. 14. Ante, 2, et seq. and 17. But an infant above the age of discretion is punishable; and, though under the age of eighteen, need not appear by guardian, but may appear by attorney. Regin. v. Tanner, 2 Lord Raym. 1284.

Of an unlawful assembly.

gether with an intention to do a thing, which, if it be executed, will make them rioters, and actually making a motion towards the execution of their purpose. In fact, it generally agrees in all the particulars with a riot, except only in this, that it may be a complete offence without the execution of the intended enterprize. (a) And it seems, by the recitals in several statutes, that if people assemble themselves, and afterwards proceed, ride, go forth, or move by instigation of one or several conducting them, this is a rout; inasmuch as they move and proceed in rout and number.(4) III. An unlawful assembly, according to the common opinion, is a disturbance of the peace by persons barely assembling together with an intention to do a thing which, if it were executed, would make them rioters, but neither actually executing it nor making a motion towards its execution. Mr. Serjeant Hawkins, however, thinks this much too narrow an opinion; and that any meeting of great numbers of people with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the King's subjects, seems properly to be called an unlawful assembly. As where great numbers complaining of a common grievance meet together, armed in a warlike manner, in order to consult together concerning the most proper means for the recovery of their interests: for no one can foresee what may be the event of such an assembly. (c) So in recent cases it has been ruled that an assembly of great numbers of persons, which from its general appearance and accompanying circumstances is calculated to excite terror, alarm, and consternation, is generally criminal and unlawful. (y) And all persons who join an assembly of this kind, disregarding its probable effect and the alarm and consternation which are likely to ensue, and all who give countenance and support to it, are criminal parties. (2)

An assembly of a man's friends for the defence of his person against those who threaten to beat him if he go to such a market, &c. is unlawful; for he who is in fear of such insults must provide for his safety by demanding the surety of the peace against the persons by whom he is threatened; and not make use of such violent methods, which cannot but be attended with the danger of raising tumults and disorders to the disturbance of the public peace. But an assembly of a man's friends in his own house, for the defence of the possession of it against such as threaten to make an unlawful entry, or for the defence of his person against such as threaten to beat him in his house, is indulged by law; for a man's house is looked upon as his castle. (d) He is not, how(a) 1 Hawk. P. C. c. 65. s. 8. (b) 19 Vin. Abr. Riots, &c. (A) 2., referring to 18 Ed. 3. c. 1., 13 Hen. 4. c. ult., & 2 Hen. 5. c. 8.

(c) 1 Hawk. P. C. c. 65. s. 9. There may be an unlawful assembly if the people assemble themselves together for an ill purpose contra pacem, though they do nothing, Br. Riots, pl. 4. Lord Coke speaks of an unlawful assembly as being when three or more assemble themselves together to commit a riot or rout, and do not do it.

3 Inst. 176.

(y) Per Bayley, J., in Rex v. Hunt and others, York Spring Assizes, 1820; and per Holroyd, J., in Redford v. Birley, Lancaster Spring Assizes, 1822, 3 Stark. C. 76.

(z) Per Holroyd, J., ibid.

(d) 1 Hawk. P. C. c. 65. s. 9, 10. 19 Vin. Abr. Riots, &c. (A) 5, 6. And by Holt, C. J., in Regin. v. Soley, 11 Mod. 116., though a man may ride with arms, yet he cannot take two with him to defend himself, even though

ever, to arm himself and assemble his friends in defence of his close. (e)

The conspiring of several persons to meet together for the purpose of disturbing the peace and tranquillity of the realm, of exciting discontent and disaffection, and of exciting the King's subjects to hatred of the Government and constitution, may be . prosecuted by an indictment for a conspiracy.(ƒ)

Unlawful assemblies and seditious meetings having in many in- Statutes. stances appeared to threaten the public tranquillity and the security of the Government, several statutes have been passed for the purpose of their more immediate and effectual suppression.

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The 1 Geo. 1. st. 2. c. 5. s. 1., reciting that many rebellious riots and tumults had been in divers parts of the kingdom, to the disturbance of the public peace and the endangering of his Majesty's person and government, and that the punishments provided by the laws then in being were not adequate to such heinous offences; for the preventing and suppressing such riots and tumults, and for the more speedy and effectual punishing the offenders, enacts "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, 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 under-sheriff, "or by the mayor, bailiff or bailiffs, or other head officer, or jus"tice 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 hereinafter directed, to disperse themselves, " and peaceably to depart to their habitations or to their lawful bu"siness, 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 con"tinuing together to the number of twelve or more, after such "command or request made by proclamation, shall be adjudged "felony without benefit of clergy, and the offenders therein shall "be adjudged felons, and shall suffer death as in case of felony "without benefit of clergy."

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The second section of the statute gives the form of the proclamation, and enacts, that the justice of the peace or other person authorized by the act to make the proclamation 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 lord the King chargeth and com"mandeth 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

his life is threatened; for he is in the protection of the law, which is sufficient for his defence.

(e) By Heath, J., Kex v. the Bishop

of Bangor, Shrewsbury Summer Ass.
1796.

(f) Rex v. Hunt and others, 3 B. &
A. 566.

1 Geo. 1. st. 2. c.5. s. 1.

Twelve per

sons or more

unlawfully assemb not dispersing after being commanded by one justice, &c. by proclamation; to be adjudged felons, and suffer benefit of

death without

clergy.

1 Geo. 1. st. 2. vides as to the c. 5. s. 2. proform of the proclamation, and manner in be made.

which it shall

1 Geo. 1. st. 2.

c. 5. s. 3. Per

sons so assem

bled, and not dispersing

within anhour,

to be seized

and taken before a justice.

And if they make resist

ance, the persons killing them, &c. are

indemnified.

1 Geo. 1. st. 2.

c. 5. s. 5. Preventing such proclamation from being

<< riotous assemblies. God save the King." And every justice, sheriff, &c. within the limits of their respective jurisdictions are authorized and required, on notice or knowledge of any such unlawful assembly of twelve or more persons, to resort to the place, and there to make or cause such proclamation to be made. The third section enacts that if the persons so unlawfully, riotously and tumultuously assembled, or twelve or more of them, after such proclamation, shall continue together and not disperse themselves within one hour, that it shall be lawful for every justice, sheriff, or under-sheriff of the county where such assembly shall be, and for every constable or other peace-officer within such county, and for every mayor, justice, sheriff, bailiff, and other head officer, constable, and other peace officer of any city or town where such assembly shall be, and for such other persons as shall be commanded to be assisting unto any such justice, sheriff, or under-sheriff, mayor, bailiff, or other head-officer (who are thereby authorized to command all his Majesty's subjects of age and ability to be assisting to them therein) to seize and apprehend such persons so unlawfully, riotously, and tumultuously continuing together after proclamation made; and they are thereby required so to do. And that they shall carry the person so apprehended before one or more of his Majesty's justices of the peace of the county or place where such persons shall be so apprehended, in order to their being proceeded against according to law. And the section also enacts that if any of the persons so assembled shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending them, or in the endeavour to do so, by reason of their resisting, then every such justice, &c. constable, or other peace-officer, and all persons being aiding and assisting to them, shall be free, discharged, and indemnified concerning such killing, maiming, or hurting.

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The fifth section provides, "That if any person or persons do, or shall, with force and arms, wilfully and knowingly oppose, "obstruct, or in any manner wilfully and knowingly let, hinder, or hurt, any person or persons that shall begin to proclaim, or go "to proclaim, according to the proclamation hereby directed to be withoutclergy. "made, whereby such proclamation shall not be made, that then every such opposing, obstructing, letting, hindering, or hurting, "such person or persons, so beginning or going to make such

made, felony

And persons so assembled

where the pro

clamation is hindered, and

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proclamation as aforesaid, shall be adjudged felony without be"nefit of clergy; and the offenders therein shall be adjudged "felons, and shall suffer death as in case of felony, without benefit "of clergy; and that also every such person or persons being so "unlawfully, riotously, and tumultuously assembled, to the num«ber of twelve, as aforesaid, or more, to whom proclamation "should or ought to have been made, if the same had not been not dispersing "hindered, as aforesaid, shall likewise, in case they or any of felons without them, to the number of twelve or more, shall continue together, clergy. "and not disperse themselves within one hour after such let or "hindrance so made, having knowledge of such let or hindrance "so made, shall be adjudged felons, and shall suffer death as in case of felony, without benefit of clergy."

within anhour,

Prosecutions to be com

menced in

twelvemonths.

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By the eighth section of the act, it is provided that no person shall be prosecuted by virtue of the act for any offence committed

contrary to it, unless the prosecution be commenced within twelve months after the offence committed. (ƒ)

39 G. 3. c 79. s. 1. Certain

societies are suppressed.

the members

By the 39 Geo. 3. c. 79. s. 1. reciting that divers societies had been instituted in this kingdom and in Ireland, of a new and dangerous nature, inconsistent with public tranquillity, and with the existence of regular government; particularly certain societies. calling themselves "Societies of United Englishmen, United "Scotsmen, United Britons, United Irishmen, and The London "Corresponding Society," and that it was expedient and necessary that all such societies, and all societies of the like nature, should be utterly suppressed and prohibited, as unlawful combinations and confederacies, highly dangerous to the peace and tranquillity of these kingdoms, and to the constitution of the government thereof, as by law established, it is enacted, "That all the "said societies of United Englishmen, United Scotsmen, United "Irishmen, and United Britons, and the said society commonly "called the London Corresponding Society, and all other societies "called Corresponding Societies, of any other city, town, or place, "shall be, and the same are hereby utterly suppressed and pro"hibited, as being unlawful combinations and confederacies "against the government of our sovereign lord the King, and "against the peace and security of his Majesty's liege subjects." The second section of the statute enacts, that the said societies, 39 G. 3. c. 79. and every other society then established, or hereafter to be es- s. 2. Societies, tablished, the meinbers whereof shall, according to the rules thereof, of which shall or to any provision or agreement for that purpose, be required or take unlawful admitted to take any oath or engagement which shall be an unlaw- oaths or enful oath or engagement, within the intent or meaning of the 37 G. 3. c. 123. (g) or to take any oath not required or authorized by law; and every society the members whereof, or any of them, shall take, or in any manner bind themselves by any such oath or engagement, on becoming, or in consequence of being members of such society: and every society, the members whereof shall take, subscribe, or assent to any test or declaration not required by law, or not authorised in manner hereinafter mentioned; and every so ciety of which the names of the members, or of any of them, shall be kept secret from the society at large, or which shall have any committee, or select body so chosen or appointed, that the members constituting the same shall not be known by the society at large, to be members of such committee, or select body; or which shall have any president, &c. or other officer, so chosen and appointed, that the election or appointment shall not be known to the society at large, or of which the names of all the members, and of all committees or select bodies of members, and of all presidents, &c., shall not be entered in a book to be kept for that purpose, and open to the inspection of all the members; and every society which shall be composed of different divisions or branches, or of different

(f) For the section of the act relating to the demolishing or pulling down churches, chapels, houses, &c. by rioters, see ante, 251. The ninth section of the act enacts, that sheriffs, &c. in Scotland, shall have the same power for putting the act in execution as justices, &c. have here:

VOL. I.

and that offenders in Scotland shall
suffer death, and confiscation of move-
ables. This statute is commonly called
the Riot Act; and is required by s. 7.
to be openly read at every quarter
session, and at every leet or law day.
(g) Ante, p. 129, et sequ.

gagements,
&c. or where

some of the

&c.

the names of
embers or
of persons
forming com-
mitte ket
secret, or
where there
are divisions,
cieties, are to
be deemed

or branch so.

unlawful combinations

and con

fedcracies.

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