Source: internet
By David Ward


The Riot Act (1714)

            Below is the full text of the Riot Act, passed in 1714. It is similar in effect to previous Acts, such as the 1549 Act. The crime of which the rioters were guilty if they did not disperse after the proclamation was read out was a Felony, rather than Treason as in earlier Acts, although the penalty was still death. The death penalty was replaced with transportation for life or 3 years' imprisonment by the Punishment of Offences Act 1837. The Act was given its short title by the Short Titles Act1896 and was repealed (as respects England and Wales) by the Criminal Law Act 1967 and (as respects Scotland) by the Statute Law (Repeals) Act 1973 (although it had long before been rendered obselete).

            This transcription is from Volume 4 of Statutes at Large, edited by John Raithby, of Lincoln's Inn, Esq., Barrister at Law and printed by the King's Printer in 1811, a copy of which is held in the Law Library of the University of Bristol. The spelling, capitalisation, emphasis and errors, as contained in the 1811 copy, have been retained, as have the long s's (rendered here as f). Each section is introduced by fresh words of enactment - the need for this was abolished in 1850 by the "Act for the shortening of language used in Acts of Parliament" (13 & 14 Vict. c.21).


Anno I GEORGII, Stat.2. c.5

An Act for preventing Tumults and riotous Affemblies, and
for the more fpeedy and effectual punifhing the Rioters.

            'WHEREAS of late many rebellious Riots and Tumults have been in divers Parts of this Kingdom, to the Difturbance of the publick Peace, and the endangering of His Majefty's Perfon and Government, and the fame are yet continued and fomented by Perfons difaffected to His Majefty, prefuming fo to do, for that the Punifhments provided by the Laws now in being are not adequate to fuch heinous Offences; and by fuch Rioters His Majefty and his Adminiftration have been moft malicioufly and falfely traduced, with an Intent to raife Divifions, and to alienate the Affections of the People from His Majefty: Therefore for the preventing and fuppreffing of fuch Riots and Tumults, and for the more fpeedy and effectual punifhing the Offenders therein;'

Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and of the Commons, in this prefent Parliament affembled, and by the Authority of the fame, Twelve Perfons or more, affembled, in what Cafe.

 Felons without Clergy.
               That if any Perfons to the Number of Twelve or more, being unlawfully, riotoufly, and tumultuoufly affembled together, to the Difturbance of the Publick Peace, at any Time after the laft Day of July in the Year of our Lord One thoufand feven hundred and fifteen, and being required or commanded by any one or more Juftice or Juftices 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 Juftice of the Peace for any City or Town-corporate, where fuch Affembly fhall be, by Proclamation to be made in the King's Name, in the Form hereinafter directed, to difperfe themfelves, and peaceably to depart to their Habitations, or to their lawful Bufinefs, fhall, to the Number of Twelve or more (notwithftanding fuch Proclamation made) unlawfully, riotoufly and tumultuoufly remain or continue together by the Space of One Hour after fuch Command or Requeft made by Proclamation that then fuch continuing together to the Number of Twelve or more, after fuch Command or Requft made by Proclamation, fhall be adjudged Felony without Benefit of Clergy, and the Offenders therein fhall be adjudged Felons, and fhall fuffer Death as in cafe of Felony without Benefit of Clergy.
 

 Proclamation.

               II. And be it further enacted by the Authority aforefaid, That the Order and Form of the Proclamations that fhall be made by the Authority of this Act, fhall be as hereafter followeth (that is to fay) the Juftice of the Peace, or other Perfon authorized by this Act to make the faid Proclamation fhall, among the faid Rioters, or as near to them as he can fafely come, with a loud Voice command, or caufe to be commanded Silence to be, while Proclamation is making, and after that, fhall openly and with loud Voice make or caufe to be made Proclamation in thefe Words, or like in Effect:

            'OUR Sovereign Lord the King chargeth and commandeth all Perfons, being affembled, immediately to  difperfe themfelves, and peaceably to depart to their Habitations, or to their lawful Bufinefs, upon the Pains contained in the Act made in the Firft Year of King George, for preventing Tumults and riotous Affemblies.'

'God save the King.'
 Juftices, &c.
 

To refort to the Place.
               And every fuch Juftice and Juftices of the Peace, Sheriff, Under-Sheriff, Mayor, Bailiff and other Head-Officer, aforefaid, within the Limits of their refpective Jurifdictions, are hereby authorized, impowered and required, on Notice or Knowledge of any fuch unlawful, riotous and tumultuous Affembly, to refort to the Place where fuch unlawful, riotous and tumultuous Affemblies fhall be, of Perfons to the Number of Twelve or more, and there to make or caufe to be made Proclamation in Manner aforefaid.
 

 In what cafe Perfons fo affembled may be feized.
 And if Refiftance, Perfons killing them, &c. to be indemnified.
 

               III. And be it further enacted by the Authority aforefaid, That if fuch Perfons fo unlawfully, riotoufly, and tumultuoufly affembled, or Twelve or more of them after Proclamation made in Manner aforefaid, fhall continue together and not difperfe themfelves within One Hour, That then it fhall be lawful to and for every Juftice of the Peace, Sheriff or Under-Sheriff of the County where fuch Affembly fhall be, and alfo to and for every High or Petty-Conftable, and other Peace-officer within fuch County, and alfo to and for every Mayor, Juftice of the Peace, Sheriff, Bailiff, and other Head-officer, High or Petty-conftable, and other Peace-officer of any City or Town-corporate where fuch Affembly shall be, and to and for fuch other Perfon and Perfons as fhall be commanded to be affifting unto any fuch Juftice of the Peace, Sheriff or Under-Sheriff, Mayor, Bailiff or other Head-officer aforefaid (who are hereby authorized and impowered to command all His Majefty's Subjects of Age and Ability to be affifting to them therein) to feize and apprehend, and they are hereby required to feize and apprehend fuch Perfons fo unlawfully, riotoufly and tumultuoufly continuing together after Proclamation made, as aforefaid, and forthwith to carry the Perfons fo apprehended before one or more of His Majefty's Juftices of the Peace of the County or Place where fuch Perfons fhall be fo apprehended, in order to their being proceeded againft for fuch their Offences according to Law; and that if the Perfons fo unlawfully, riotoufly and tumultuoufly affembled, or any of them, fhall happen to be killed, maimed or hurt, in the difperfing, feizing or apprehending, or endeavouring to difperfe, feize or apprehend them, by reafon of their refifting the Perfons fo difperfing, feizing or apprehending, or endeavouring to difperfe, feize or apprehend them, that then every fuch Juftice of the Peace, Sheriff, Under-fheriff, Mayor, Bailiff, Head-officer, High or Petty-conftable or other Peace-officer, and all and fingular Perfons, being aiding and affifting to them, or any of them, fhall be free, difcharged and indemnified, as well againft the King's Majefty, His Heirs and Succeffors, as againft all and every other Perfon and Perfons, of, for or concerning the killing, maiming or hurting of any fuch Perfon or Perfons fo unlawfully, riotoufly and tumultuoufly affembled, that fhall happen to be fo killed, maimed or hurt, as aforefaid.
 

Pulling down, &c. Church, &c. Felony without Clergy.
1 W. & M.
Seff. I. c. 18.

               IV. And be it further enacted by the Authority aforefaid, That if any Perfons unlawfully, riotoufly and tumultuoufly affembled together, to the Difturbance of the publick Peace, fhall unlawfully, and with Force demolifh or pull down, or begin to demolifh or pull down any Church or Chapel, or any Building for religious Worfhip certified and regiftered according to the Statute made in the Firft Year of the Reign of the late King William and Queen Mary, intituled, An Act for exempting their Majefty's Proteftant Subjects diffenting from the Chruch of England from the Penalties of certain Laws, or any Dwelling-houfe, Barn, Stable or other Outhoufe, that then every fuch demolifhing or pulling down, or beginning to demolfh or pull down, fhall be adjudged Felony without Benefit of Clergy, and the Offenders therin fhall be adjudged Felons, and fhall fuffer Death as in cafe of Felony without Benefit of Clergy.
 

 Oppofing, &c. the making Proclamation, Felony without Clergy.
 So where Perfons affembled, if Proclamation be hindered.

                V. Provided always, and be it further enacted by the Authority aforefaid. That if any Perfon or Perfons do, or shall, with Force and Arms, wilfully and knowingly oppofe, obftruct or in any Manner wilfully and  knowingly let, hinder or hurt any Perfon or Perfons that fhall begin to proclaim, or go to proclaim according to the Proclamation hereby directed to be made, whereby fuch Proclamation fhall not be made, that then every fuch oppofing, obftructing, letting hindring or hurting fuch Perfon or Perfons, fo beginning or going to make fuch Proclamation, as aforefaid, fhall be adjudged Felony without Benefit of Clergy, and the Offenders therein fhall be adjudged Felons, and fhall fuffer Death as in cafe of Felony, without Benefit of Clergy; and that alfo every fuch Perfon or Perfons fo being unlawfully, riotoufly and tumultuoufly affembled, to the Number of Twelve, as aforefaid, or more, to whom Proclamation fhould or ought to have been made if the fame had not been hindered, as aforefaid, fhall likewife, in cafe they or any of them, to the Number of Twelve or more, fhall continue together, and not difperfe themfelves within One Hour after fuch Lett or Hindrance fo made, having Knowledge of fuch Lett or Hindrance fo made, fhall be adjudged Felons, and fhall fuffer Death as in cafe of Felony, without Benefit of Clergy.
 

How Damages made good, if Church, &c. demolifhed, &c.
27 Eliz. c.13

                VI. And be it futher enacted by the Authority aforefaid, That if after the faid Day of July One thoufand feven hundred and fifteen, and fuch Chruch or Chapel, or any fuch Building for religious Worfhip, or any fuch Dwelling-houfe, Barn, Stable or other Out-houfe, fhall be demolifhed or pulled down wholly or in part, by any Perfons fo unlawfully, riotously and tumultuoufly affembled, that then, in cafe fuch Church, Chapel, Building for religious Worfhip, Dwelling-houfe, Barn, Stable, or Out-houfe, fhall be out of any City or Town, that is either a County itfelf, or is not within any Hundred, that then the Inhabitants of the Hundred in which fuch Damage fhall be done, fhall be liable to yield Damages to Perfon or Perfons injured and damnified by fuch demolifhing or pulling down wholly or in part; and fuch Damages fhall and may be recovered by Action to be brought in any of His Majefty's Courts of Record at Weftminster, (wherein no Effoin, Protection or Wager of Law, or any Imparlance fhall be allowed) by the Perfon or Perfons damnified thereby againft any Two or more of the Inhabitants of fuch Hundred, fuch Action for Damages to any Church or Chapel to be brought in the Name of the Rector, Vicar or Curate of fuch Church or Chapel as fhall be fo damnified, in Truft for appplying the Damages to be recovered in rebuilding or repairing fuch Church or Chapel; and that Judgment being given for fuch Plaintiff or Plaintiffs in fuch Action, the Damages fo to be recovered fhall, at the Requeft of fuch Plaintiff or Plaintiffs, his or their Executors or Adminiftrators, be raifed and levied on the Inhabitants of fuch Hundred, and paid to fuch Plaintiff or Plaintiffs, in fuch Manner and Form, and by fuch Ways and Means, as are provided by the Statute made in the Seven and twentieth Year of the Reign of Queen Elizabeth, for reimburfing the Perfon or Perfons on whom any Money recovered againft any Hundred by any Party robbed, fhall be levied: And in cafe any fuch Chruch, Chapel, Building for religious Worfhip, Dwelling-houfe, Barn, Stable or Out-houfe fo damnified, shall be in any City or Town that is either a County itflef, or is not within any Hundred, that then fuch Damages fhall and may be recovered by Action to be brought in Manner aforefaid (wherein no Effoin, Protection or Wager of Law, or any Imparlance fhall be allowed) againft Two or more Inhabitants of fuch City or Town; and Judgment being given for the Plaintiff or Plaintiffs in fuch Action, the Damages fo to be recovered fhall, at the Requeft of fuch Plaintiff or Plaintiffs, his or their Executors or Adminiftrators, made to the Juftices of the Peace of fuch City or Town, at any Quarter Seffions to be holden for the faid City or Town, be raifed and levied on the Inhabitants of fuch City of Town, and paid to fuch Plaintiff or Plaintiffs, in fuch Manner and Form, and by fuch Ways and Means, as are provided by the faid Statute made in the Seven and twentieth Year of the Reign of Queen Elizabeth, for reimburfing the Perfon or Perfons on whom any Money recovered againft any Hundred by any Party robbed, fhall be levied.
 

                VII. And be it further enacted, by the Authority aforefaid, That this Act shall be openly read at every Quarter-Seffions, and at every Leet or Law-day.
 

 Provifo.

                VIII. Provided always, That no Perfon or Perfons fhall be profecuted by virtue of this Act, for any Offence or Offences committed contrary to the fame, unlefs fuch Profecution be commenced within Twelve Months after the Offence committed.
 

Perfons offending in Scotland.
Death.
Damages how recovered.

                IX. And be it further enacted by the Authority aforefaid, That the Sheriffs and their Deputies, Stewarts and their Deputies, Baillies of Regalities and their Deputies, Magiftrates of Royal Boroughs, and all other inferior Judges and Magiftrates, and alfo all High and Petty Conftables, or other Peace Officers of any County, Stewartry, City or Town, within that Part of Great Britain called Scotland, fhall have the fame Powers and Authority for putting this prefent Act in Execution within Scotland, as the Juftices of the Peace and other Magiftrates aforefaid, refpectively have by virtue of this Act, within and for the Parts of this Kingdom; and that all and every Perfon and Perfons who fhall at any Time be convicted of any the Offences aforementioned, within that Part of Great Britain called Scotland fhall for every fuch Offence incur and fuffer the Pain of Death and Confifcation of Moveables: and Alfo that all Profecutions for repairing the Damages of any Church or Chapel, or any Building for religious Worfhip, or any  Dwelling-houfe, Barn, Stable or Out-houfe, which fhall be demolifhed or pulled down in whole or in part,within Scotland, by any Perfons unlawfull, riotoufly or tumultuoufly affembled, fhall and may be recovered by fummar Action, at the Inftance of the Party aggrieved, his or her Heirs or Executors, againft the County, Stewartry, City or Borough refpectively, where fuch fuch Diforders fhall happen, the Magiftrates being fummoned in the ordinary Form, and the feveral Counties and Stewartries called by edictal Citation at the Market-crofs of the Head-borough of fuch County or Stewartry refpectively, and that in general, without mentioning their Names and Defignations.
 

To what Places in Scotland this Act fhall extend.

                X. Provided, and it is hereby declared, That this Act fhall extend to all Places for religious Worfhip, in that Part of Great Britain called Scotland, which are tolerated by Law, and where His Majefty King George, the Prince and Princefs of Wales, and their Iffue, are prayed for in exprefs Words.