Libels reflecting on the administration of justice.

331

said J. N., in contempt of our lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. See R. v. Pocock, 2 Str. 1157. R. v. Weltje, 2 Camp. 142. and see 2 Salk. 698. If there be any doubt as to the words, lay them differently in different counts.

Evidence.

Prove the charge before the magistrate; and prove that whilst the magistrate was in the execution of his duty, taking the depositions of the witnesses, the defendant addressed him, and spoke the words laid in some one of the counts of the indictment. As to the proof of the words, see ante, p. 294.

332

CHAPTER III.

Offences against the public peace.

SECT. 1. Riot.

2. Affray.

3. Challenge to fight.
4. Threatening letter.

5. Libel.

SECT. 1.

Riot.

Indictment for a riot and assault.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, J. W. late of the same, carpenter, E. W. late of the same, yeoman, together with divers other evil disposed persons to the number of ten and more, to the jurors aforesaid unknown, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, with force and arms, at the parish aforesaid in the county aforesaid, unlawfully, riotously, and routously did assemble and gather together, to disturb the peace of our said lord the King; and being so then and there assembled and gathered together, in and upon one A. the wife of J. N., in the peace of God and of our lord the King then and there being, unlawfully, riotously and routously did make an assault, and her the said A. then and there unlawfully, riotously, and routously did beat, wound and ill treat, so that her life was greatly despaired of; and other wrongs to the said A. then and there unlawfully, riotously and routously did in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown aud dignity. See the precedents, Cro. Circ.

C m. 413, et seq 4 Went. 150. 305, et seq. You may add a count for a common assault. See ante, p. 241.

Fine or imprisonment, or both.

Evidence.

That J. S. &c. together with divers others.] It must be proved that three persons at least were engaged in this unlawful assembly and assault, otherwise the defendants must be acquitted; for unless committed by three or more, it is no riot. 2 Hawk. c. 47. s. 8. R. v. Scott & al., 3 Bur. 1262, 1 W. Bl. 291, 350. R. v. Sadbury, 1 L. Raym. 484, 2 Salk. 593.

Unlawfully, riotously, and routously did assemble.] It must be proved that these three or more persons assembled together; and that their assembling was accompanied with some such circumstances, either of actual force or violence, or at least of an apparent tendency thereto, as were calculated to inspire people with terror; such as being armed, using threatening speeches, turbulent gestures, or the like. 1 Hawk. c. 65. s. 5. If an assembly of persons be not accompanied with such circumstances as these, it can never be deemed a riot, however unlawful their intent, or however unlawful the acts which they actually commit. Id. Lamb. 178. Dalt. c. 137. If persons meet at a fair or wake, or on any other lawful and innocent occasion, and on a sudden quarrel they fight together, this is no riot, but an affray merely: but if, upon a dispute arising, they form themselves into parties, with promises of mutual assistance, and then fight, it is a riot; for in this latter case the design to break the peace is as premeditated as if they had originally met for that purpose. Ì Hawk. c. 65. s. 3.

In and upon one A., did make an assault, &c.] Prove the assault and battery, as directed ante, p. 241, 242. And this must be proved; otherwise the defendants must be acquitted. For, where persons assemble together for the purpose of doing an act, and the assembly is such as is above described, - if they do not proceed to execute their purpose, it is but an unlawful assembly, not a riot; if after so assembling they proceed to execute the act for which they assembled, but do not execute it, it is termed a rout; but if they not only so assemble, but proceed to execute their design, and actually execute it, it is then a riot. 1 Hawk. c. 65. s. 1. Dalt. c. 136.

It is immaterial, however, whether the act done be unlawful or not; doing it in a manner calculated to inspire people with terror, is equally punishable, whether it be lawful or otherwise. 1 Hawk, c. 65. s. 7. Yet where the object of the assembly is lawful, it in general requires stronger evidence of the terror of the means, to induce a jury to return a verdict of

guilty, than if the object were unlawful; and it has even been holden that if a number of persons assemble for the purpose of abating a public nuisance, and appear with spades, iron crows, and other tools for that purpose, and abate it accordingly, without doing more, it is no riot, Dalt. c. 137, unless threatening language or other misbehaviour, in apparent disturbance of the peace, be at the same time used. Id

If the offence proved against the defendants, amount to a constructive levying of war (see ante, p. 270.), they must be acquitted.

Indictment for a riot and tumult.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, J. W. late of the same, carpenter, E. W. late of the samc, yeoman, together with divers other evil disposed persons to the number of fifty and more, to the jury aforesaid unknown, on the third day of May in the third year of the reign of our sovereign lord George the fourth, with force and arms, to wit, with sticks, staves, and other offensive weapons, at the parish aforesaid in the county aforesaid, unlawfully, riotously, and routously did assemble and gather together, to disturb the peace of our said lord the king; and being so assembled and gathered together, armed as last aforesaid, did then and there unlawfully, riotously, and routously make a great noise, riot, and disturbance, and did then and there remain and continue armed as last aforesaid, making such noise, riot, and disturbance, for the space of an hour and more then next following, to the great disturbance and terror not only of the liege subjects of our said lord the King there being and residing, but of all other the liege subjects of our said lord the King then passing and repassing in and along the King's common highway there in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. As to the evidence, see ante, p. 333.

Indictment against rioters for remaining one hour together after proclamation.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, J. W. late of the same, carpenter, E. W. late of the same, yeoman, together with divers other evil disposed persons to the number of twelve and more, to the jurors aforesaid unknown, on the third day of May in the third

year of the reign of our sovereign lord George the fourth, with force and arms, at the parish aforesaid in the county aforesaid, unlawfully, riotously, and tumultuously did assemble together, to the disturbance of the public peace; And the said J. S. J. W., E. W. and the said other persons to the jurors aforesaid unknown, being so unlawfully, riotously, and tumultuously assembled together to the disturbance of the public peace, as aforesaid, afterwards and whilst they were so assembled as aforesaid, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, one A. C. 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 aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county) as near to them the said J. S., J. W., E. W., and the said other persons to the jurors aforesaid unknown, so unlawfully, riotously, and tumultuously assembled as aforesaid, as he the said A. C. could then and there safely come, did then and there command and cause to be commanded silence to be, while proclamation was making; and that the said A. C., after that, did then and there, as near to them the said J. S., J.W., E.W., and the said other persons so assembled as aforesaid, as he the said A. C. could then and there safely come, openly and with a loud voice, did make and cause to be made 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 the reign of King George the first, for preventing tumults and riotous assemblies. God save the King." And the jurors aforesaid upon their oath aforesaid do further present, that the said J. S., J. W., E. W., and the said other persons to the number of twelve and more, to the jurors aforesaid unknown, being so required and commanded by the said A. C., the justice aforesaid, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, did then and there, to the number of twelve and more, with force and arms, notwithstanding the said proclamation so made as aforesaid, feloniously, unlawfully, riotously, and tumultuously remain and continue together by the space of one hour after such command so made by the said proclamation as aforesaid: in contempt of our said lord the King and his laws, to the great disturbance and terror of the quiet and peaceable subjects of our said lord the King, to the evil example of all others in the like case offending, against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity.