1 Anne, st. 2. c. 9. No. XXVII. [No. XXVII.] 1 Anne, st. 2. c. 9.-An Act for punishing If principal offender be convicted of felonies, and the receivers of goods that have been stolen, are the I principal cause of the commission of such felonies; and as the Law now is no accessory can be convicted or suffer any punishment where the principal is not attainted, or hath the benefit of his clergy;' Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twelfth day of February, which shall be in the year of our Lord one thousand seven hundred and two, if any principal offender shall be convicted of any felony, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to serve of the Jury, it shall and may be lawful to proceed against any accessory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof, notwithstanding any such principal felon shall be admitted to the benefit of his clergy, pardoned, or otherwise delivered before attainder; shall suffer the and every such accessory shall suffer the same punishment, if he or she be convicted, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to serve of the jury, as he or she should have suffered if the principal had been attainted. felony, &c. it shall be lawful to proceed against accessory; who on conviction same punishment, &c. II. And forasmuch as buyers and receivers of stolen goods do often'times convey away and conceal the principal felons, so that they cannot be convicted of such principal felony, and thereby such buyers ' and receivers have escaped all manner of punishment, which hath greatly encouraged the buying and receiving of such stolen goods: For remedy whereof, be it enacted by the authority aforesaid, That from and after the said twelfth day of February, one thousand seven hundred and two, it shall and may be lawful to prosecute and punish every such person and persons buying or receiving any stolen goods, knowing the same to be stolen, as for a misdemeanor, to be punished by fine and imprisonment, although the principal felon be not before convicted of the said felony, which shall exempt the offender from being punished as accessory, if the principal shall be afterwards convicted. III. And be it further enacted by the authority aforesaid, That from and after the said twelfth day of February, one thousand seven hundred and two, all and every person and persons, who shall be produced to appear as a witness or witnesses on the behalf of the prisoner, upon any trial for treason or felony, before he or she be admitted to depose, or give any manner of evidence, shall first take an oath to depose the truth, the whole truth, and nothing but the truth, in such manner, as the witnesses for the Queen are by law obliged to do; and if convicted of any, wilful perjury in such evidence, shall suffer all the punishments, penalties, forfeitures and disabilities, which by any of the laws and statutes of this realm are and may be inflicted upon persons convicted of wilful perjury. IV. And for the effectual preventing the wilful casting away, burning, or otherwise destroying, by masters and mariners, of ships under their charge; Be it enacted by the authority aforesaid, That if any captain, master, mariner, or other officer belonging to any ship, shall, after the said twelfth day of February, one thousand seven hundred and two, wilfully cast away, burn, or otherwise destroy the ship, unto which he belongeth, or procure the same to be done, to the prejudice of the owner or owners thereof, or of any merchant or merchants that shall load goods thereon, he shall suffer death as a felon. (1) V. And be it further enacted by the authority aforesaid, That all and every the said offence and offences committed on the high seas, or where the Admiralty hath jurisdiction, shall be inquired, tried, heard, determined, and judged, in such shires and places in the realm, as shall be limited (1) Sce stat. 43 Geo. 3. c. 113. post. 1 Anne, st. 2. c. 9. by the Queen's Commission under the Great Seal of England, in such No. XXVII. manner and form, as in and by an Act made in the twenty-eighth year of the reign of the late King Henry the Eighth is directed and appointed for the trial of pirates; and that all and every person and persons, who, from and after the said twelfth day of February, one thousand seven hundred and two, shall be convict of any of the said offence or offences last men- any shire in tioned, or shall stand mute, or peremptorily challenge above the num- England, as by ber of twenty persons returned to serve of the jury, shall suffer death with- 28 H. VIII. c. out benefit of clergy. 15. person convicted thereof to suffer death [No. XXVIII.] 9 Anne, c. 16.-An Act to make an At- without benetempt on the Life of a Privy Counsellor, in the Execution fit of clergy, of his Office, to be Felony without Benefit of Clergy. [Inserted Class II. No. 41.] [No. XXIX.] 12 Anne, st. 2. c. 18.-An Act for the Preserving all such Ships and Goods thereof, which shall happen to be forced on Shore, or stranded, upon the Coasts of this Kingdom, or any other of her Majesty's Dominions. [Inserted Part III. Class 2, No. 8.] [No. XXX.] 1 George I. st. 2. c. 5.-An Act for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters. 1 No. XXX. George I. st. 2. c. 5. 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 falsely 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 excel- Twelve perlent Majesty, by and with the advice and consent of the Lords Spiritual sons or more, and Temporal, and of the Commons, in this present Parliament assembled, unlawfully as and by the authority of the same, That if any persons to the number of sembled, and twelve or more, being unlawfully, riotously, and tumultuously assembled not dispersing 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 hereinafter 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 adjudged fesuch command or request made by proclamation, that then such continuing lons without together to the number of twelve or more, after such command or request benefit of made by proclamation, shall be adjudged felony without benefit of clergy, clergy. and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy. after commanded by one Justice, &c. by proclamation, II. And be it further enacted by the authority aforesaid, That the order How the pro No. XXX. 1 George I. c. 5. and form of the proclamations 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 clamation is making, and after that, shall openly and with loud voice make shall be made, or cause to be made proclamation in these words, or like in effect: The proclama-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. tion. Justices, &c. to resort to the place. Persons so assembled and not dispersing within an hour, to be seized. And if they make resist ance, the persons killing them, &c. to be indemnified. Pulling down, 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 make 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 undersheriff 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 empowered 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, by reason of their resisting the persons so 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 (1) any church or chapel, or any building for religious worship certified and registered according to sect. VI. infra; Pritchit v. Waldron, 5 T. R. (1) It is not necessary that twelve persons should be concerned in order to constitute this offence, or to entitle the party injured to an action against the hundred by virtue of 14. Where rioters began to break the windows of a bakehouse and a dwelling-house adjoining, and broke the glass of the windows, the statute made in the first year of the reign of the late King William and Queen Mary, intituled, An Act for exempting their Majesties' 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 (1) shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy (2). No. XXX. 1 Geo. I. c. 5. out benefit of clergy. 1 W. & M.sess. 1 c. 18. 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, wil- Opposing, &c. the making fully and knowingly oppose, obstruct, or in any manner wilfully and proclamation, knowingly let, hinder, or hurt any person or persons that shall begin to felony without proclaim, or go to proclaim according to the proclamation hereby directed benefit of to be made, whereby such proclamation shall not be made, that then every clergy. such opposing, obstructing, letting, hindring or hurting such person or And persons persons, so beginning or going to make such proclamation, as aforesaid, so assembled, shall be adjudged felony without benefit of clergy, and the offenders if the proclatherein shall be adjudged felons, and shall suffer death as in case of felony, mation be hinwithout benefit of clergy; and that also every such person or persons so dred, shall being unlawfully, riotously and tumultuously assembled, to the number of nevertheless twelve, as aforesaid, or more, to whom proclamation should or ought to suffer as felons. 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 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. VI. And be it further enacted by the authority aforesaid, That if after How the dathe said last day of July one thousand seven hundred and fifteen, any such mages shall be church or chapel, or any such building for religious worship, or any such made good, if dwelling-house, barn, stable, or other out-house, shall be demolished or any church,&c. pulled down wholly, or in part, by any persons so unlawfully, riotously and be demolished, tumultuously (3) assembled, that then in case such church, chapel, building &c. and also the shutters, in order to compel the plaintiff to sell his flour for less than the value, the judge told the jury,' that if they were satisfied that the mob meant to stop there and proceed no further, it might be too much to say, that it was a beginning to demolish within the statute; but that if they thought that the mob came with an intention to proceed to further acts of demolition, if they could not otherwise effect their purpose, it was a beginning to demolish.' In the same case it was held, that breaking open a lock upon such an occasion was not a beginning to demolish; Wilmot v. Horton, Doug. 701; and see notes to sect. VI. post. As to the law respecting the several kinds of buildings, see notes to 9 Geo. I. c. 22. post. (1) In Rex v. Royce, 4 Bur. 2073, it was ruled, that persons present, aiding and abetting, (who are called principals in the second degree) were within the statute; and that it was not necessary in a special verdict, that the terms aiding and abetting should be used, but that in finding that the prisoner was present and did encourage and abet the others in beginning to demolish, &c. by shouting and using expressions to excite the others so to do; but that he did not with force begin to demolish or pull down, or do any act with his own hands or person for that purpose, otherwise than as aforesaid, was a sufficient finding upon a charge for beginning to demolish. In the course of his opinion, Lord Mansfield made the following observations: 'tenderness ought always to prevail in criminal cases, so far at least as to take care that a man may not suffer otherwise than by due course of law, nor have any hardship done him, or severity exercised upon him, where the construction may admit a reasonable doubt or difficulty. But tenderness does not require such a construction of words (perhaps not absolutely and perfectly clear and express) as would tend to render the law nugatory and ineffectual, and destroy or evade the very end and intention of it; nor does it require of us that we should go into such nice and strained critical objections as are contrary to the true meaning and spirit of it.' It had been urged that, according to the expressions of the verdict, that the defendant abetted by shouting, and incited others so to do,' the jury had only found that the prisoner had incited to shout, and not to demolish. Vide supra 57 Geo. III. c. 19. s. 38. 3) See 57 Geo. III. c. 19. s. 38. It is not ground of error that the plaintiff (in an action against a hundred on the 41 Geò. III. c. 24. and 1 Geo. I. c. 5. for recovery of damages of injury done to him by demolition of his mill by persons riotously assembled) do not allege in his declaration that such demolition was felonious, or that the persons riotously assembled acted feloniously. Beatson v. Rushforth, 3 Price, 48. No. XXX. 1 Geo. I. c. 5. (Page 288. ante) by which the liability of the hundred is much increased. As to costs in an action founded on clause, see Wills. 91. 27 Eliz. c. 13. 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; (1) 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 essoin, 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: (2) 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 (wherein no essoin, 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 (3). (1) The action is not maintainable unless the rioters are guilty of a felony within the fourth section; and upon this ground, where rioters, at a general illumination, broke the windows, uprights of the sashes, and window frames, on account of the house not being illuminated, it was ruled that the plaintiff could not recover: Reid v. Clarke, 7 T. R. 496, supra, in which the points arise in actions against the hundred. For breaking open a detached building, and throwing flour into the street, the plaintiff is not entitled to recover; Wilmot v. Horton, Doug. 701. The plaintiff is entitled to recover for furniture, &c. destroyed, or for damage done to a garden, forming part of the same transaction with the demolishing of the house, though not in consequence of it; Radcliffe v. Eden, Cowp. 485; Hyde v. Cogan, Doug. 699; Wilmot v. Horton, n. ibid. So for flour spoiled and destroyed; but not for flour or other property stolen, or, what amounts the same thing, taken away and sold without the consent of the owner; Greasley v. Higginbotham, 1 East, 636. So where the leader of a mob, having entered a gunsmith's shop and demanded arms, was detained, and the mob then declared that unless he were released they would pull the house down, and they did enter and break the windows, windowframes, &c. and for that purpose used some of the arms found in the shop, and carried away others; Held, that this was evidence of a purpose to demolish the house and that the owner might recover against the hundred a reparation in damages for the injury done to the house itself; and to the arms actually used in the act of demolishing; but that he was not entitled to recover for the value of the arms carried away, that being a substantive and distinct felony, and therefore not within the stat. 1 Geo. I. s. 2. c. 5. Beckwith v. Wood, 1 B. & A. 487. The action may be brought by the trustee for existing purposes, or (come semble) by a trustee of a satisfied term; Pritchitt v. Waldron, 5 T. R. 14. (2) For actions against the hundred generally, see Pt. IV. Cl. XXI. The action on this Act is not, by reference to the statute of Eliz. limited to a year; and there is no restriction with respect to time; Rushforth v. Beatson, Exch. 1 Price, 343. (3) In order to bring an action against the |