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diff --git a/8142.txt b/8142.txt new file mode 100644 index 0000000..82f8f3d --- /dev/null +++ b/8142.txt @@ -0,0 +1,684 @@ +The Project Gutenberg EBook of The Riot Act, by British Parliament + +This eBook is for the use of anyone anywhere in the United States and most +other parts of the world at no cost and with almost no restrictions +whatsoever. You may copy it, give it away or re-use it under the terms of +the Project Gutenberg License included with this eBook or online at +www.gutenberg.org. If you are not located in the United States, you'll have +to check the laws of the country where you are located before using this ebook. + +Title: The Riot Act + +Author: British Parliament + +Posting Date: February 14, 2015 [EBook #8142] +Release Date: May, 2005 +First Posted: June 19, 2003 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE RIOT ACT *** + + + + +Produced by Jonathan Walther + + + + + + + + + +Full text of the Riot Act (c. 1714-1715) + + +Typed in this February 8, 2002 by Jonathan Walther. The source was cap +V, volume XIII, pages 142-146 of the "Statutes At Large" series, +printed in the year 1764. Also indexed as "Anno primo GEORGEII I. Stat. +2. C. 5." Many sources on the Internet claim the Riot Act was passed in +1715; according to Statutes At Large it was passed in 1714. The +confusion may be caused by the fact that the Act took _effect_ in +August of 1715. This is, of course, the famous Riot Act that gave rise +to the expression _"Read them the Riot Act!_". + + + +CAP. V. + +An act for preventing tumults and riotous assemblies, and for the more +speedy and effectual punishing the rioters. + + +I. + +Whereas of late many rebellious riots and tumults have been in divers +parts of this kingdom, to the disturbance of the publick peace, and the +endangering of his Majesty's person and government, and the same are +yet continued and fomented by persons disaffected to his Majesty, +presuming so to do, for that the punishments provided by the laws now +in being are not adequate to such heinous offences; and by such rioters +his Majesty and his administration have been most maliciously and +falsly traduced, with an intent to raise divisions, and to alienate the +affections of the people from his Majesty therefore for the preventing +and suppressing of such riots and tumults, and for the more speedy and +effectual punishing the offenders therein; be it enacted by the King's +most excellent majesty, by and with the advice and consent of the lords +spiritual and temporal and of the commons, in this present parliament +assembled, and by the authority of the same, That if any persons to the +number of twelve or more, being unlawfully, riotously, and tumultuously +assembled together, to the disturbance of the publick 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 under-sheriff, 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 herin after directed, to disperse +themselves, and peaceably 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, and the offenders therein shall be adjudged felons, and shall +suffer death as in a case of felony without benefit of clergy. + + + +II. + +And be it further enacted by the authority aforesaid, That the order +and form of the proclamation that shall be made by the authority of +this act, shall be as hereafter followeth (that is to say) the justice +of the peace, or other person authorized by this act to make the said +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 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 every such justice and justices of the peace, sheriff, +under-sheriff, mayor, bailiff, and other head-officer aforesaid, within +the limits of their respective jurisdictions, are hereby authorized, +impowered and required, on notice or knowledge of any such unlawful, +riotous and tumultuous assembly, to resort to the place where such +unlawful, riotous, and tumultuous assemblies shall be, of persons to +the number of twelve or more, and there to make or cause to be made +proclamation in manner aforesaid. + + + +III. + +And be it further enacted by the authority aforesaid, That if such +persons so unlawfully, riotously, and tumultuously assembled, or twelve +or more of them, after proclamation made in manner aforesaid, shall +continue together and not disperse themselves within one hour, That +then it shall and may be lawful to and for every justice of the peace, +sheriff, or under-sheriff of the county where such assembly shall be, +and also to and for every high or petty constable, and other +peace-officer within such county, and also to and for every mayor, +justice of the peace, sheriff, bailiff, and other head-officer, high or +petty constable, and other peace-officer of any city or town corporate +where such assembly shall be, and to and for such other person and +persons as shall be commanded to be assisting unto any such justice of +the peace, sheriff or under-sheriff, mayor, bailiff, or other +head-officer aforesaid (who are hereby authorized and impowered to +command all his Majesty's subjects of age and ability to be assisting +to them therein) to seize and apprehend, and they are hereby required +to seize and apprehend such persons so unlawfully, riotously and +tumultuously continuing together after proclamation made, as aforesaid, +and forthwith to carry the persons 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 for such their offences according to law; and that if the +persons so unlawfully, riotously and tumultuously assembled, or any of +them, shall happen to be killed, maimed or hurt, in the dispersing, +seizing or apprehending, or endeavouring to disperse, seize or +apprehend them, that then every such justice of the peace, sheriff, +under-sheriff, mayor, bailiff, head-officer, high or petty constable, +or other peace-officer, and all and singular persons, being aiding and +assisting to them, or any of them, shall be free, discharged and +indemnified, as well against the King's Majesty, his heirs and +successors, as against all and every other person and persons, of, for, +or concerning the killing, maiming, or hurting of any such person or +persons so unlawfully, riotously and tumultuously assembled, that shall +happen to be so killed, maimed or hurt, as aforesaid. + + + +IV. + +And be it further enacted by the authority aforesaid, That if any +persons unlawfully, riotously and tumultuously assembled together, to +the disturbance of the publick peace, shall unlawfully, and with force +demolish or pull down, or begin to demolish or pull down any church or +chapel, or any building for religious worship certified and registred +according to the statute made in the first year of the reign of the +late King _William_ and Queen _Mary_, intituled, _An act for exempting +their Majesty's protestant subjects dissenting from the church of_ +England _from the penalties of certain laws_, or any dwelling-house, +barn, stable, or other out-house, that then every such demolishing, or +pulling down, or beginning to demolish, or pull down, 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. + + + +V. + +Provided always, and be it further enacted by the authority aforesaid, +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 lett, hinder, or hurt any person or persons that shall begin +to proclaim, or go to proclaim according to the proclamation hereby +directed to be made, whereby such proclamation shall not be made, that +then every such apposing, obstructing, letting, hindering or hurting +such person or persons, so beginning or going to make such +proclamation, as aforesaid, 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; and that +also every such person or persons so being unlawfully, riotously and +tumultuously assembled, to the number of twelve, as aforesaid, or more, +to whom proclamation should or ought to have been made if the same had +not been hindred, as aforesaid, shall likewise, in case they or any of +them, to the number of twelve or more, shall continue together, and not +disperse themselves within one hour after such lett or hindrance so +made, having knowledge of such lett or hindrance so made, shall be +adjudged felons, and shall suffer death as in case of felony, without +benefit of clergy. + + + +VI. + +And be it further enacted by the authority aforesaid, That if after the +said last day of _July_ one thousand seven hundred and fifteen, any +such church or chapel, or any such building for religious worship, or +any such dwelling-house, barn, stable, or other out-house, shall be +demolished or pulled down wholly, or in part, by any persons so +unlawfully, riotously and tumultuously assembled, that then, in case +such church, chapel, building for religious worship, dwelling-house, +barn, stable, or out-house, shall be out of any city or town, that is +either a county of itself, or is not within any hundred, that then the +inhabitants of the hundred in which such damage shall be done, shall be +liable to yield damages to the person or persons injured and damnified +by such demolishing or pulling down wholly or in part; and such damages +shall and may be recovered by action to be brought in any of his +Majesty's courts of record at _Westminster_, (wherein no effoin, +protection or wager of law, or any imparlance shall be allowed) by the +person or persons damnified thereby, against any two or more of the +inhabitants of such hundred, such action for damages to any church or +chapel to be brought in the name of the rector, vicar or curate of such +church or chapel that shall be so damnified, in trust for applying the +damages to be recovered in rebuilding or repairing such church or +chapel; and that judgment being given for the plaintiff or plaintiffs +in such action, the damages so to be recovered shall, at the request of +such plaintiff or plaintiffs, his or their executors or administrators, +be raised and levied on the inhabitants of such hundred, and paid to +such plaintiff or plaintiffs, in such manner and form, and by such ways +and means, as are provided by the statute made in the seven and +twentieth year of the reign of Queen _Elizabeth_, for reimbursing the +person or persons on whom any money recovered against any hundred by +any party robbed, shall be levied: and in case any such church, chapel, +building for religious worship, dwelling-house, barn, stable, or +out-house so damnified, shall be in any city or town that is either a +county of itself, or is not within any hundred, that then such damages +shall and may be recovered by action to be brought in manner aforesaid +(where no effoin, protection or wager of law, or any imparlance shall +be allowed) against two or more inhabitants of such city or town; and +judgment being given for the plaintiff or plaintiffs in such action, +the damages so to be recovered shall, at the request of such plaintiff +or plaintiffs, his or their executors or administrators, made to the +justices of the peace of such city or town at any quarter-sessions to +be holden for the said city or town, be raised and levied on the +inhabitants of such city or town, and paid to such plaintiff or +plaintiffs, in such manner and form, and by such ways and means, as are +provided by the said statute made in the seven and twentieth year of +the reign of Queen _Elizabeth_, for reimbursing the person or persons +on whom any money recovered against any hundred by any party robbed, +shall be levied. + + + +VII. + +And be it further enacted by the authority aforesaid, That this act +shall be openly read at every quarter-session, and at every leet or +law-day. + + + +VIII. + +Provided always, That no person or persons shall be prosecuted by +virtue of this act, for any offence or offences committed contrary to +the same, unless such prosecution be commenced within twelve months +after the offence committed. + + + +IX. + +And be it further enacted by the authority aforesaid, That the sheriffs +and their deputies, stewards and their deputies, bailies of regalities +and their deputies, magistrates of royal boroughs, and all other +inferior judges and magistrates, and also all high and petty +constables, or other peace-officers of any county, stewartry, city or +town, within that part of _Great Britain_ called _Scotland_, shall have +the same powers and authority for putting this present act in execution +within _Scotland_, as the justices of the peace and other magistrates +aforesaid, respectively have by virtue of this act, within and for the +other parts of this kingdom; and that all and every person and persons +who shall at any time be convicted of any the offences aforementioned, +within that part of _Great Britain_ called _Scotland_, shall for every +such offence incur and suffer the pain of death, and confiscation of +moveables: and also that all prosecutions for repairing the damages of +any church or chapel, or any building for religious worship, or any +dwelling-house, barn, stable or out-house, which shall be demolished or +pulled down in whole or in part, within _Scotland_, by any persons +unlawfully, riotously or tumultuously assembled, shall and may be +recovered by summar action, at the instance of the party aggrieved, his +or her heirs or executors, against the county, stewartry, city or +borough respectively, where such disorders shall happen, the +magistrates being summoned in the ordinary form, and the several +counties and stewartries called by edictal citation at the market-cross +of the head borough of such county or stewartry respectively, and that +in general, without mentioning their names and designations. + + + +X. + +Provided, and it is hereby declared, That this act shall extend to all +places for religious worship, in that part of _Great Britain_ called +_Scotland_, which are tolerated by law, and where his majesty King +_George_, the prince and princess of _Wales_, and their issue, are +prayed for in express words. + + + + + + + + + +End of the Project Gutenberg EBook of The Riot Act, by British Parliament + +*** END OF THIS PROJECT GUTENBERG EBOOK THE RIOT ACT *** + +***** This file should be named 8142.txt or 8142.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/8/1/4/8142/ + +Produced by Jonathan Walther +Updated editions will replace the previous one--the old editions will +be renamed. + +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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