or by information in the court of king's bench, (according to the rank of the offenders) it is sure to be severely punished with forfeiture of their offices, fines, imprisonment, or other difcretionary cenfures, regulated by the nature and aggravations of the offence committed. 22. LASTLY, extortion is an abuse of public justice, which confists in any officer's unlawfully taking, by colour of his office, from any man, any money or thing of value, that is not due to him, or more than is due, or before it is due". The punishment is fine and imprisonment, and sometimes a forfeiture of the office. ■ Hawk. P. С. 170. CHAPTER THE ELEVENTH. OF OFFENCES AGAINST THE PUBLIC PEACE. W E are next to confider offences against the public peace; the conservation of which is intrusted to the king and his officers, in the manner and for the reasons which were formerly mentioned at large. These offences are either such as are an actual breach of the peace; or constructively so, by tending to make others break it. Both of these species are also either felonious, or not felonious. The felonious breaches of the peace are strained up to that degree of malignity by virtue of several modern statutes: and, particularly, I. THE riotous assembling of twelve persons, or more, and not dispersing upon proclamation. This was first made high treason by statute 3 & 4 Edw.VI. c.5. when the king was a minor, and a change in religion to be effected: but that statute was repealed by statute I Mar. c. 1. among the other treasons created fince the 25 Edw. III; though the prohibition was in substance re-enacted, with an inferior degree of punishment, by statute 1 Mar. st. 2. c. 12. which made the fame offence a fingle felony. These statutes specified and particularized the nature of the riots they were meant to suppress; as, for example, fuch as were set on foot with intention to offer violence to the privy council, or to change the laws of the kingdom, or for certain other specific purposes: in which cafes, if the persons were * Vol. I. pag. 117.268.350. com 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 alfo 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 re-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 duting 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 I Geo. I. c. 5. enacts, generally, that if any twelve persons are unlawfully assembled to the difturbance of the peace, and any one justice of the peace, sheriff, under-sheriff, 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 without benefit of clergy. And farther, if the reading of the proclamation be by force opposed, or the reader be in any manner wilfully hindered from the reading of it, such opposers and hinderers are felons, without benefit of clergy: and all persons to whom fuch proclamation ought to have been made, and knowing of such hindrance, and not difperfing, are felons, without benefit of clergy. There is the like indemnifying clause, in cafe any of the mob be unfortunately killed in the endeavour to disperse them; being copied from the act of queen Mary. And, by a subsequent clause of the new act, if any persons, so riotoufly assembled, begin even before proclamation to pull down any church, chapel, meeting-house, dwelling-house, or out-houses, they shall be felons without benefit of clergy. 2. By 2. By ftatute 1 Hen.VII. c. 7. unlawful hunting in any legal forest, park, or warren, not being the king's property, by night, or with painted faces, was declared to be single felony. But now by the statute 9 Geo. I. c. 22. to appear armed in any open place by day, or night, with faces blacked or otherwise disguised, or (being fo disguised) to hunt, wound, kill, or steal any deer, to rob a warren, or to steal fish, is felony without benefit of clergy. I mention this offence in this place, not on account of the damage thereby done to private property, but of the manner in which that damage is committed; namely, with the face blacked or with other disguise, to the breach of the public peace and the terror of his majesty's subjects. 3. ALSO by the same statute 9 Geo. I. c. 22. amended by statute 27 Geo. II. c. 15. knowingly to fend any letter without a name, or with a fictitious name, demanding money, venifon, or any other valuable thing, or threatening (without any demand) to kill, or fire the house of, any person, is made felony, without benefit of clergy. This offence was formerly high treason, by the statute 8 Hen.V. c. 6. 4. To pull down or destroy any turnpike-gate, or fence thereunto belonging, by the statute 1 Geo. II. c. 19. is punished with public whipping, and three months imprisonment; and to destroy the toll-houses, or any fluice or lock on a navigable river, is made felony to be punished with transportation for seven years. By the statute 5 Geo. II. c. 33. the offence of destroying turnpike-gates or fences, is made felony also, with transportation for seven years. And, lastly, by statute 8 Geo. II. c. 20. the offences of destroying both turnpikes upon roads, and fluices upon rivers, are made felony, without benefit of clergy; and may be tried as well in an adjacent county, as that wherein the fact is committed. The remaining offences against the public peace are merely mifdemesnors, and no felonies: as, i 5. AFFRAYS (from affraier, to terrify) are the fighting of two or more persons in some public place, to the terror of his majesty's subjects: for, if the fighting be in private, it is no affray but an affault. Affrays may be suppressed by any private person present, who is justifiable in endeavouring to part the combatants, whatever consequence may ensue. But more especially the conftable, or other fimilar officer, however denominated, is bound to keep the peace; and to that purpose may break open doors to fupprefs an affray, or apprehend the affrayers; and may either carry them before a juftice, or imprifon them by his own authority for a convenient space till the heat is over; and may then perhaps also make them find sureties for the peaced. The punishment of common affrays is by fine and imprisonment; the measure of which must be regulated by the circumstances of the cafe: for, where there is any material aggravation, the punishment proportionably increases. As where two persons coolly and deliberately engage in a duel: 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, though no mischief has actually ensued. 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 king's court, and the like. And upon the fame account also all affrays in a church or church-yard are esteemed very heinous offences, as being indignities to him to whose service those places are confecrated. 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. that if any person shall, by words only, quarrel, chide, or brawl, in a church or church-yard, the ordinary shall fufpend a layman, ab ingreffu ecclefiae; and, if a clerk in orders, him, at 1 b1 Hawk. P. C. 134. drtal Ibid. 137. • Ibid. 136. Rodw from |