[intention to offer violence to the Privy Council; or to change the laws of the kingdom; or for certain other specific purposes. In which cases, if the persons were commanded by proclamation to disperse, and they did not, it was by the statute of Mary made felony, but within the benefit of clergy; and also the Act indemnified the peace officers and their assistants, if they killed any of the mob in endeavouring to suppress such riot. This was thought a necessary security in that sanguinary reign; when popery was intended to be established, which was like to produce great discontents: but at first it was made only for a year, and was afterwards continued for that queen's life. And by statute 1 Eliz. c. 16, when a reformation in religion was to be once more attempted, it was revived and continued during her life also; and then expired. From the accession of James the first to the death of Queen Anne, it was never once thought expedient to revive it; but in the first year of George the first, it was judged necessary, in order to support the execution of the Act of Settlement, to renew it; and at one stroke to make it perpetual, with large additions. For whereas the former Acts expressly defined and specified what should be accounted a riot, the statute 1 Geo. I. st. 2, c. 5,] commonly called" the Riot Act," [enacts generally, that if any twelve persons are unlawfully assembled to the disturbance of the peace; and any one justice of the peace, sheriff, undersheriff or mayor of a town, shall think proper to command them by proclamation to disperse,-if they contemn his orders, and continue together for one hour afterwards, such contempt shall be felony ] and the punishment is penal servitude for life, or not less than three years; or imprisonment, with or without hard labour or solitary confinement, for not more than two years (b). And the Riot Act declares further, [that if the reading of the proclamation be by force opposed, or the reader be in any manner (b) 1 Geo. 1, st. 2, c. 5; 7 Will. 4 & 1 Vict. c. 91; 9 & 10 Vict. c. 24; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. [wilfully hindered from the reading of it, such opposers and hinderers, and all persons to whom such proclamation ought to have been made, and knowing of such hindrance, and not dispersing, are felons:] and they are liable to the like punishment (c). The Riot Act also [contains a clause indemnifying the officers and their assistants in case any of the mob be unfortunately killed in the endeavour to disperse them ;]-such clause [being copied from the Act of Queen Mary (d).] II. Riotously demolishing churches, houses, buildings or machinery. By 24 & 25 Vict. c. 97, if any persons, riotously and tumultuously assembled together to the disturbance of the public peace, shall unlawfully and with force demolish, pull down, or destroy (or begin to demolish, pull down, or destroy) any church, chapel, meeting-house, or other place of divine worship; or any house, stable, or other such buildings, engines, or machinery as in the Act mentioned,-every such offender shall be guilty of felony: and he is liable to penal servitude for life, or any term not less than three years; or to be imprisoned with or without hard labour, for any term not more than two years (e). And by 7 & 8 Geo. IV. c. 31, ss. 2, 3, if any church, chapel, house, or such buildings or machinery as in that Act mentioned, shall be feloniously demolished, (wholly or in part,) by persons riotously and tumultuously assembled together, the inhabitants of the hundred shall be liable to (c) 1 Geo. 1, st. 2, c. 5 ; 7 Will. 4 & 1 Vict. c. 91; 9 & 10 Vict. c. 24; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (d) Provisions were also contained in 1 Geo. 1, c. 5, against the riotous destruction of churches and other places of religious worship, making such offences capital felonies; but these enactments were repealed by 7 & 8 Geo. 4, c. 27; and the offence of riotous demolishment generally, otherwise provided against by 7 & 8 Geo. 4, c. 30, s. 8. This last provision is repealed by 24 & 25 Vict. c. 95, but re-enacted by that which is given in the text. (e) 24 & 25 Vict. c. 97, s. 11. The offenders, if the court think fit, may also be bound over with sure ties to keep the peace. (Sect. 73.) yield full compensation; provided that the persons damnified, or such of them as have knowledge of the circumstances, or the servants who had the care of the property, shall, within seven days, go before some justice of the peace, residing near and having jurisdiction; and state upon oath the names of the offenders, if known; and submit to examination touching the circumstances; and become bound, by recognizance, to prosecute: and provided also, that an action against the hundred, be commenced within three calendar months after the offence (ƒ). III. By 24 & 25 Vict. c. 100, s. 16, whosoever shall maliciously send, deliver or utter, or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person, shall be guilty of felony and punishable by penal servitude for ten years, or not less than three; or by imprisonment with or without hard labour and solitary confinement to the extent of two years, and with whipping if the court thinks fit and the offender be a male under the age of sixteen years (g). This offence was formerly treason, by the statute 8 Hen. VI. c. 6; which provision, however, was repealed by the effect of 1 Edw. VI. c. 12. The above mentioned offences comprise such breaches of the public peace as amount to felony. The remainder are of a lighter character. (ƒ) When the damage caused by the demolition or attempted demolition does not exceed 301. the statute (7 & 8 Geo. 4, c. 31, s. 8,) gives, instead of an action, a summary proceeding before justices at a special petty session. By 2 & 3 Will. 4, c. 72, the provisions of 7 & 8 Geo. 4, c. 31, on this subject are extended to the damage or destruction of threshing machines: and by the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), s. 477, to the plunder, damage or destruction of ships or boats stranded or in dis tress. (g) The former provisions on this subject, contained in 9 Geo. 1, c. 22, and 27 Geo. 2, c. 15, were repealed by 4 Geo. 4, c. 54, s. 3, which was itself repealed by 24 & 25 Vict. c. 95. It may be observed, that the offender, on conviction, may also, if the court see fit, be bound over with sureties to keep the peace. (24 & 25 Vict. c. 100, s. 73.) IV. [Affrays, (from affraier, to terrify,) are the fighting of two or more persons in some public place (1), to the terror of her majesty's subjects; for if the fighting be in private it is no affray, but an assault (m).] Affrays are misdemeanors; and [may be suppressed by any private person present: who is justifiable in endeavouring to part the combatants, whatever consequences may ensue (n). But more especially the constable or other similar officer, however denominated, is bound to keep the peace; and to that purpose may break open doors to suppress an affray, or apprehend the affrayers: and may either carry them before a justice, or imprison them by his own authority for a convenient space till the heat is over (o). The punishment of common affrays, is by fine and imprisonment the measure of which must be regulated by the circumstances of the case: for where there is any material aggravation, the punishment proportionably increases. As where two persons coolly and deliberately engage in a duel (p); this being attended with an apparent intention and danger of murder, and being a high contempt of the justice of the nation, is a strong aggravation of the affray,] and may even amount to felony under 24 & 25 Vict. c. 100, s. 14, though no mischief has actually ensued (q). [Another aggravation is, when thereby the officers of justice are disturbed in the due execution of their office; or where a respect to the particular place, ought to restrain and regulate men's behaviour more than in common ones; as in the court of the sovereign, and the like (r). And (1) As in the case of a prize fight (m) Hawk. P. C. ubi sup. out of his own presence. See Cook v. Nethercote, 6 C. & P. 741; Fox v. Gaunt, 3 B. & Ad. 798; R. v. Curvan, R. & M. C. C. R. 132; R. v. Bright, 4 C. & P. 387. (p) Hawk. P. C. b. 1, c. 63, s. 21. (q) Vide sup. p. 162. (r) Hawk. P. C. b. 1, c. 21, ss. 6, 10; c. 63, s. 23. As to striking and other outrage in the king's courts, &c., vide sup. p. 304. [upon the same account also, all affrays in a church or churchyard are esteemed very heinous offences; as being indignities to Him to whose service those places are consecrated. Therefore mere quarrelsome words, which are neither an affray nor an offence in any other place, are penal here. For it is enacted by statute 5 & 6 Edw. VI. c. 4 (s), that if any person shall-by words only-quarrel, chide, or brawl in a church or churchyard, the ordinary shall suspend him, if a layman, ab ingressu ecclesiæ; and, if a clerk in orders, from the ministration of his office during pleasure (t): and if any person in such church or churchyard proceeds to smite (u) or lay violent hands upon another, he shall be excommunicated ipso facto (v).] And though these enactments are now, by 23 & 24 Vict. c. 32, s. 5, repealed as to brawling by a person not in holy orders, yet they are in other respects in force (w). [Two persons may be guilty of an affray ;] but V. [Riots, routs, and unlawful assemblies,] (all of which are misdemeanors (x),) [must have three persons at least to constitute them.] 1. A riot, seems to be a tumultuous disturbance of the peace by three persons, or more; assembling together of their own authority, with an intent mutually to assist one another, against any who shall op (s) See also 1 W. & M. st. 1, c. 18, s. 18. (t) As to this statute, see Cox v. Goodday, 2 Hagg. R. 139. (u) Further provisions were made, by this statute, for the case of weapons being used or drawn in churches, &c.; but these were repealed by 9 Geo. 4, c. 31, s. 1. (v) As to excommunication, vide sup. vol. 111. p. 451. As to disturbing a congregation during divine service, vide sup. vol. 111. p. 42. (w) The 23 & 24 Vict. c. 32, also imposes a penalty to the extent of 5l., (or imprisonment to the extent of two months,) on the offence of riotous, violent, or indecent behaviour by any person in any church or place of worship, or in any churchyard or burial-ground; and also on the offence of molesting, troubling, misusing, &c., any authorized preacher, or clergyman in holy orders, in his celebration of any divine service or office in any church, &c. (x) Hawk. P. C. b. 1, c. 65; 1 Russ. 288. |