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Kent County Court Proceedings, 1676-1698
Volume 557, Page 543   View pdf image (33K)
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                                                                                543 (276)

M.r James Wroth moveing and Arresting Judgment the 28.th day
of August last in behalfe of his Wife Ann Wroth and now
Appearing desires he may have Council assigned him to plead
to such reasons as he shall offer M.r Griffith Jones one of the
Attornies of this Court is accordingly appointed who produceth
these following reasons that Judgment ought to be arrested
                                                            Smon Wilmer Clk

1st Reason
In the head of the Indictment its thus contained viz the Jur.rs for
our soveraing Lord and Lady the King and Queene and the body
of this County upon their Oathes doe present Ann Wroth Wife of
James Wroth for that the said Ann &c.a by which wordes of the Indictm.t
it may plainly appeare that the alias dictus which should have been
therin incited or allsoe the quallity mistery or profession of the party
or her husband Togeather with the peace of her residence are wholly
omitted all which is against the common Curr.t of the Law and positively
ag.t the star of the 1.st of the 5.th Cap y.e 5.th wherewith Enacted that upon
Omission in Acconts personal Appearces or Indictm.ts such Acont
personal Appearces or Indictments shall be voyd frusstrate and
holden for now

2.d Reason
In the Body of the Indictm.t its thus contained for that the said Ann
to witt the 29.th day of June last past att the house of William Webb
att Langfords Bay hundred within the Jurisdiction of this Court
with several others Riotously assembled did then and there upon the
Body of Eliz Steevens Wife of Thomas Steevens with stickes stones
and doggs an Assault did make &c.a

In every indictmt the Essential part thereof ought to containe Certainty
and Veryty the contrary of which renders it vitious and utterly voyd
that the said Indictm.t is uncertaine may appeare by these wordes
with several others &c.a Neither Nominateing the person nor the Numb.r
of them which ought to have been incerted Impossibilities ondly
excepted as when persons in Armes or disguise appeare with intent
to commit a Riot or the Number of such persons soe unlawfully
assembled soe great as nor easily to be Knowne &c.a but not otherwise
therfore not to be Tolerated or holden for Sufficient in the said
Indictment for the persons in the said Indictment supposed
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Kent County Court Proceedings, 1676-1698
Volume 557, Page 543   View pdf image (33K)
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