Volume 557, Page 544 View pdf image (33K) |
544 To be riotously Assembled were then att the supposed time of the fact committed were Knowne both in theire persons and Number for which Uncertainty the Judgmt aforesd ought to be Arrested the reasons whereof may appeare by the statute primo Maria Cap 12.th is enacted several wayes for punishing Riots proportionable to the Numbers Assembled and Notare of the fact intended for the want of which no certaine Judgm.t cann be given & therfore ought to be Arrested as aforesaid that the said Indictment is allsoe Untrue may appeare by wordes preceding together with wordes subsequent viz with several others Riotously assembled &c.a whereas no Evidence att time of tryall to make good the Matter contained in the indictm.t did make appeare that any persons were concerned in the said Assault save inely Ann Wroth & that by the confession of the party supposed to be injured unto Mary Chandler One of the Evidence as may appeare by her Oath therfore the said Ann could not be charged w.th a Riott for which falcity in the said indictment contained Judgm.t ought to be Arrested as aforesaid 3.d Reason Therfore Riots must consist of above Two persons in Number and Under Twelve which persons must appeare as appeares prm Maria Cap 12.th and most with One intent to disturb the peace otherwaise it cannot be a Riott for if three or more meet and one of the three burne a house make an affray commit a Trespasse or forceably Enter another mans house the rest present makeing no show of aiding or Assisting therin such persons soe ondly p.rsent cannot be said Riotters and soe consequently the party offending not liable to be indicted of a Riott but the party Agrieved may otherwise bring his p.rsentm.t or accon for the Injury or damage as the Law in such cases & directs but that they have otherwise proceeded in the p.rsent.t aforesaid and Indicted the said Ann for Riotously makeing an assault wheras no Evidence made it appeare nor the Jury found any other then bare matter of fact against the said Ann Judgment ought to be Arrested |
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Volume 557, Page 544 View pdf image (33K) |
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