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 per sons killing them, &c. are indemnified. 1 Geo. 1. st. 2. proclamation "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. The fifth section provides, "That if any person or persons do, c. 5. s. 5. Pre-❝or shall, with force and arms, wilfully and knowingly oppose, venting such "obstruct, or in any manner wilfully and knowingly let, hinder, or from being "hurt, any person or persons that shall begin to proclaim, or go made, felony "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 "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 hindered, 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 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." And persons so assembled where the pro clamation is hindered, and not dispersing within an hour, felons without clergy. Prosecutions to be com menced in twelvemonths. 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) 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 39 G. 3. c 79. s. 1. Certain societies are suppressed. the members of which shall 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 members whereof shall, according to the rules thereof, or to any provision or agreement for that purpose, be required or admitted to take any oath or engagement which shall be an unlawful 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 society 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 and conshall have any president, &c. or other officer, so chosen and federacies, pointed, 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, bouses, &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. ap and that offenders in Scotland shall members or the names of shall be kept or branch so unlawful combinations And persons correspond parts, acting in any manner separately or distinct from each other, or of which any part shall have any separate or distinct president, &c. or other officer, elected or appointed by, or for such part, or to act as an officer for such part; shall be deemed and taken to be unlawful combinations and confederacies. (h) And further, that every ing with such person who shall directly or indirectly maintain correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, &c. or other officer, or member thereof as such, or who shall by contribution of money, or otherwise, aid, abet, or support such society, or any members or officers thereof, as such, shall be deemed guilty of an unlawful combination and confederacy. societies, or aiding them, to be deemed guilty of an unlawful com bination and confederacy. The act is not to extend to declarations approved by two justices, and registered; nor to lodges of Free-masons, where There is a provision, that the act shall not extend to declarations approved by two justices, and registered with the clerk of the peace; but that such approbation shall only remain valid till the next general session, unless the same shall be confirmed by the major part of the justices at such general session. (1) And it is also enacted, that it shall not extend to the meetings of societies, or lodges of Freemasons, which, before the passing of the act, had there is a cer- been usually held, under the denomination of "Lodges of Freetificate and remasons," and in conformity to the rules prevailing among such gistry. societies; (k) provided that there be a certificate of two of the members upon oath, that such society or lodge had been usually held under such denomination, and in conformity to such rules; the certificate duly attested, &c. being, within two months after the passing of the act, deposited with the clerk of the peace, with whom also the name or denomination of the society or lodge, and the usual place and time of meeting, and the names and descriptions of the members, are to be registered yearly. (1) The clerk of the peace is required to enrol such certificate and registry, and to lay the same once in every year before the general session of the justices; and the justices may upon complaint, upon oath, that the continuance of the meetings of any such lodge or society is any lodge to be likely to be injurious to the public peace and good order, direct discontinued them to be discontinued; and any such meeting, held notwithand any meetstanding such order or discontinuance, and before the same shall, ing held, notwithstanding by the like authority, be revoked, shall be deemed an unlawful combination and confederacy under the provisions of the act. (m) The eighth section of the statute enacts, "That every person "who, at any time after the passing of this act, shall, in breach "of the provisions thereof, be guilty of any such unlawful com"bination and confederacy as in this act is described, shall and "may be proceeded against for such offence in a summary way, "either before one or more justice or justices of the peace for the justices, or by county, stewartry, riding, division, city, town, or place, where "such persons shall happen to be, or by indictment to be pre"ferred in the county, riding, division, city, town, or place, in England, wherein such offence shall be committed, or by in But the justices may order the meetings of such order, : will be an un- indictment. 66 (h) By the 59 Geo. 3. c. 19. s 27. this enactment is not to extend to meetings of Quakers, or to any meeting or society for purposes of a religious or charitable nature only, and in which no other matter shall be dis cussed. (i) 39 Geo. 3. c. 79, s. 3. (k) Id. sect. 5. 66 "dictment in the court of justiciary, or in any of the circuit "courts in Scotland, if the offence shall be committed in Scot"land; and every person being convicted of any such offence, on "the oath of one or more credible witness or witnesses, by such "justice or justices as aforesaid, shall be by him or them com"mitted to the common gaol, or house of correction, for such county, &c. there to remain without bail or mainprize, for the "term of three calendar months; or shall be by such justice or "justices adjudged to forfeit and pay the sum of twenty pounds, "as to such justice or justices shall seem meet; and in case such "sum of money shall not be forthwith paid into the hands of such "justice or justices, he or they shall, by warrant under his or their "hand and seal, or hands and seals, cause the same to be levied "by distress and sale of the offender's goods and chattels, together "with all costs and charges attending such distress and sale; and, "for want of sufficient distress, shall commit such offender to the "common gaol or house of correction of such county, &c. for any "time not exceeding three calendar months; and every person "convicted of any such offence, upon indictment by due course of "law, shall and may be transported for the term of seven years, "in the manner provided by law for transportation of offenders; or imprisoned for any time not exceeding two years, as the "court before whom such offender shall be tried shall think fit; "and every such offender, who shall be ordered to be transported, "shall be subject and liable to all laws concerning offenders or“dered to be transported." 66 either prose But the justice or justices, before whom any person shall be Justices may convicted of any unlawful combination or confederacy, may miti- mitigate the gate the punishment, so as it be not thereby reduced to less than punishment. one-third of the punishment by the act directed to be inflicted, whether by imprisonment or fine. (n) And it is provided, that And persons any person who shall be convicted or acquitted by any justice, cuted before upon a summary prosecution, shall not afterwards be prosecuted a justice, or inby indictment, or otherwise, for the same offence; and in like dicted, are not manner that any person convicted, or acquitted, upon an indict- liable to other ment, shall not afterwards be prosecuted before any justice in a summary way. (0) But the act is not to extend to prevent any But offenders prosecution by indictment or otherwise, for any thing which shall may be indictbe an offence within the intent and meaning of the act, and which ed, if not promight have been so prosecuted if the act had not been made, this act. unless the offender shall have been prosecuted for such offence under the act, and convicted or acquitted of such offence. (p) 66 prosecutions. secuted, under ing such meet The statute 60 G. 3. and 1 G 4. c. 1. reciting that in some parts 60 G. 3. & 1 G. of the United Kingdom men clandestinely and unlawfully as- 4. c. 1. Meetsembled had practised military training and exercise, to the great ings for the purpose of miterror and alarm of his majesty's peaceable and loyal subjects, litary exercise and to the danger of the public peace, enacts, "That all meetings " and assemblies of persons for the purpose of training or drilling "themselves, or of being trained or drilled to the use of arms, or "for the purpose of practising military exercise, movements, or "evolutions, without any lawful authority from his majesty, or "the lieutenant, or two justices of the peace of any county or (n) 39 Geo. 3. c. 79. s. 9. (p) 39 Geo. 3. c. 79. s. 11. (0) Id. sect. 10. prohibited; and persons attendings, for the purpose of training others, or aiding therein, liable to be transported or imprisoned. And persons attending for the purpose of being trained, liable to be fined and imprisoned. 57 G. 3. c. 19. G. 4. c. 6. temporary enactments. 66 66 "riding, or of any stewartry, by commission or otherwise, for so "doing, shall be, and the same are hereby prohibited as dangerous to the peace and security of his majesty's liege subjects, and "of his government; and every person who shall be present at, "or attend any such meeting or assembly for the purpose of train"ing and drilling any other person or persons, to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall train or drill any other person or persons to the use "of arms, or the practice of military exercise, movements, or evolu❝tions, or who shall aid or assist therein, being legally convicted "thereof, shall be liable to be transported for any term not ex"ceeding seven years, or to be punished by imprisonment, not 66 exceeding two years, at the discretion of the court in which such "conviction shall be had; and every person who shall attend or "be present at any such meeting or assembly as aforesaid, for the 66 purpose of being, or who shall at any such meeting or assembly "be trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions, being legally convicted "thereof, shall be liable to be punished by fine and imprisonment, "not exceeding two years, at the discretion of the court in which "such conviction shall be had." (a) A statute, 57 Geo. 3. c. 19. and a more recent statute 60 & 60 G. 3. & 1 Geo. 3. & 1 Geo. 4. c. 6. contained many enactments relating to assemblies of persons, collected for the purpose, or under the pretext of deliberating on public grievances, and of agreeing on petitions and addresses to the throne, or to the houses of parliament; which were only temporary enactments, and appear to have now expired. 57 G. 3. c. 19. Enactments not limited in their duration. Sect. 23. No meetings to be held on cer tain days within a mile of Westminster Hall. But the statute 57 Geo. 3. c. 19. contains also several enactments relating to meetings and assemblies of persons which are not of a limited duration. The twenty-third section, reciting, that it is highly inexpedient that public meetings or assemblies should be held near the houses of Parliament, or near the courts of justice in Westminster Hall, on certain days; enacts, that it shall not be lawful for any person to convene, or to give any notice for convening, any meeting consisting of more than fifty persons, or for any number of persons exceeding fifty to meet in any street, square, or open place, in the city or liberties of Westminster, or county of Middlesex, within the distance of a mile from the gate of Westminster Hall, (except such parts of the parish of St. Paul's, Covent Garden, as are within such distance) for the purpose of considering of or preparing any petition, &c. for alteration of matters in church or state, on any day on which the two houses, or either house of Parliament, shall meet and sit, nor on any day on which the courts shall sit in Westminster Hall. And that if any meeting or assembly for such purposes shall be assembled or holden on such day, it shall be deemed an unlawful assembly. But there is a (a) The second section of the act provides for the dispersion of persons so assembled, or for their detention and giving bail. By sect. 5 & 6. actions for any thing done in pursuance of the act must be commenced within six months. And by sect. 7. prosecutions for offences against the provi sions of the act must be commenced within six months after the offence committed. |