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Kent County Court Proceedings, 1676-1698
Volume 557, Page 544   View pdf image (33K)
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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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Kent County Court Proceedings, 1676-1698
Volume 557, Page 544   View pdf image (33K)
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