Odger's English Common Law

STATUTORY RIOT. 165
gaoler to hand over the keys, seized Captain Porteous, and hanged him on
the Grassinarket, the scene of Wilson's execution, and then quietly dis-
persed. This was not an act of high treason, for there was no intention on
the part of the mob to deny the existence of the general prerogative of
pardon. What the mob so strongly objected to was its exercise by the
Crown in this particular instance. The provost, who had not taken proper
steps to suppress the riot, was declared incapable of holding office in future,
and Edinburgh was fined £2,000 for the benefit of Porteous' widow.
Statutory Riot.
The accession to the throne of the House of Hanover was not
universally popular in England, and riots broke out in many
parts of the country. Hence it was found necessary in 1714 to
pass a very stringent measure (usually called the Eiot Act 1
),
in order to put a stop to such rioting and more effectually to
punish rioters. It provides that, whenever any twelve or
more persons are unlawfully assembled to the disturbance of
the peace, it is the duty of the mayor of a town, or of the
sheriff, under-sheriff or a justice of the peace of a county,
promptly to repair to the scene of the riot, and when there, if
he deem it necessary, to command the rioters by proclamation
to disperse. If he deem it necessary so to do, he " 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 is making, and after that
shall openly and with loud voice make, or cause to be made," a
proclamation in the following form or words to the like
effect :
—
"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 con-
tained in the Act made in the first year of King George, for preventing
tumultuous aud riotous assemblies. God save the King." 2
If, instead of so dispersing, they remain together riotously
for an hour after the proclamation has been read, they all
become guilty of felony, and can be punished with penal
servitude for life. 3 The whole proclamation must be read, and
i 1 Geo. I. st. 2, c. 5.
2 This form is set out in s. 2 of the Act.
3 Until 1837 the punishment was death. See 7 Will. IV. and 1 Vict. c. 91, s. I.