Memoranda Relative to the Worcestershire Yeomanry Cavalry, Now the Queen's Own Raised by Other Archer, 6th Earl of Plymouth in 1831: Now Under Command of the Hon. Robert Henry Clive

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S. and J. Bentley, Wilson, and Fley, 1843 - 124 pages
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Page 86 - (Popham's Reports, 121.) Although the judges add, ' that it would be more discreet for every one, in such a case, to attend and be assistant to the justices, sheriffs, or other ministers of the King, in doing this.' It would, undoubtedly, be more advisable so to do ; for the
Page 87 - Gentlemen, still further, by the common law, not only is each private subject bound to exert himself to the utmost, but every sheriff, constable, and other peace-officer is called upon to do all that in them lies for the suppression of riot, and each has authority to command all other subjects of the King to assist
Page 86 - the object proposed, than any efforts, however well intended, of separated and disunited individuals. But if the occasion demands immediate action, and no opportunity is given for procuring the advice or sanction of the magistrate, it is the duty of every subject to act for himself, and upon his own responsibility, in suppressing a riotous and tumultuous assembly ; and he may be assured,
Page 84 - to be good law : and has certainly been recognized in Hawkins, and other writers on the Crown Law, and by various Judges at different periods since. And what HM's subjects may do, they also ought to do, for the suppression of public tumult, when any exigency may require that such means be resorted to. Whatever any other
Page 87 - is called upon to do all that in them lies for the suppression of riot, and each has authority to command all other subjects of the King to assist them in that undertaking.
Page 86 - of the magistrate would restrain the proceeding to such extremities, until the danger was sufficiently immediate, or until some felony was either committed, or could not be prevented without
Page 86 - bounden duty, as a good subject of the King, to perform this to the utmost of his ability. If the riot be general
Page 84 - exigency may require that such means be resorted to. Whatever any other class of HM's subjects may allowably do in this particular, the military may unquestionably do also. By the Common
Page 84 - Lord CJ Popham's Reports, 121, and Kelyng, 76, as having been resolved by all the Judges in the 39th of Queen Eliz., to be good law : and has certainly been
Page 84 - subjects, without the presence of a Peace Officer of any description, may arm themselves, and of course may use any ordinary means

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