Odger's English Common Law

Chapter III.
BREACHES OF THE PEACE.
As soon as the central authority of the Crown was estab-
lished in England, its first endeavour was to put an end to
all breaches of the peace within the realm. Private wars
between nobles, duelling between gentlemen and brawls
between peasants in pothouses were all gradually suppressed.
Such matters were no longer left in the weak hands of the
local officers of the county or hundred ; the doctrine of " the
King's peace " was recognised and understood throughout
the land. Every crime was declared to be " against the peace
of our Lord the King, his crown and dignity." And down
to the year 1916 1 every indictment concluded with these words,
although the offence which it charged might be the secret
forgery of a cheque or the silent moulding of a leaden half-
crown.
Every wounding, stabbing and robbery, every battery and
assault, is in itself a breach of the peace. And such matters
will be found dealt with in Part III. of this Book, under
" Offences against the Person." It is with offences of a
more public character that we propose to deal in this chapter.
Unlawful Assembly.
An unlawful assembly is an assembly of three or more
persons, who meet together for a common purpose in such a
manner that a breach of the peace may reasonably be appre-
hended from their conduct. There must be either actual
violence or fear of violence caused to bystanders of ordinary
courage and firmness. 2
If three or more persons with a
common purpose meet together under circumstances which
i Indictments Act, 1915 (5 & 6 Geo. V. c. 90).
a B. v. Vincent (1839), 9 C. & P. 91, 109.