Odger's English Common Law

162 BREACHES OF THE PEACE.
intention of carrying out such purpose in any unlawful manner, the fact
that they know that their meeting will be opposed, and have good reason
to suppose that a breach of the peace will be committed by their opponents,
does not make their meeting unlawful. A lawful assembly does not become
unlawful because of the disorderly intentions of others. 1
A man may do any act which is lawful, although he has been expressly
warned that, if he does that act, some one else will act unlawfully towards
him. It is no ground for indicting three persons, A., B. and C, who meet
for a lawful common purpose, that persons in the neighbourhood do in
consequence reasonably appreheud that violence from X., Y. and Z. will
ensue. On the other hand, any man acts illegally who by words or
conduct directly induces another to commit a breach of the peace. 2
Meetings which are convened for the bond fide purpose of reforming our
laws by petitioning Parliament, or by other lawful means, are not seditious ;
though whenever persons assemble to bring the Constitution into contempt
and to excite discontent and disaffection against the King's G-overnment, it
8 •
is an illegal meeting.
The police authorities of the district may always disperse
an unlawful assembly. But for this purpose only slight force
may be used, unless there is reason to apprehend immediate
violence on the part of the mob. If, however, force be used
and any one be injured in consequence, the question to be tried
in any subsequent legal proceeding—civil or criminal—is
whether the means used for dispersing the assembly were or
were not more violent than the occasion warranted. 4
Rout and Riot at Common Law.
As soon as an unlawful assembly starts from its place of
meeting to carry out the purpose which caused it to assemble,
it becomes a rout, for it is en route. As soon as it begins to
carry that purpose into effect with a show of violence and in
•obvious defiance of the constituted authorities, it becomes a
riot. So, if three or more persons do even a lawful act (such
as removing a nuisance) in a violent and tumultuous manner
to the alarm of the neighbourhood, they are guilty of riot.
The punishment for a rout and riot at common law is the
1 Beatty and others v. GMbanks (1882), 9 Q. B. D. 308.
s See B. v. Justices of Londonderry (1891),
Dunning, [1902] 1 K. B. 167.
28 L. B. Ir. 440 ; and Wise v.
8 Bedford v. Birley (1822), 3 Stark, at p.
81 ; B. v. Sullivan (1868), 11 Cox, 44 ; B. v.
4 B. v. Howell (1839), 9 C. & P. 437.
103 ; B. v. Fursey (1835), 6 C. &P.
Burns and others (1886), 16 Cox, 355.