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Kent County Court Proceedings, 1676-1698
Volume 557, Page 545   View pdf image (33K)
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                                                                            545 (277)

4.th Reas
No person cann be Indicted for a Riott unlesse such persons so
unlawfully Assembled being by a Justice of peace Warned to
depart doe nothwithstanding abide and remain in the place to the
disturbance of the peace by the space of one hour as may
appeare by the stat primo Maria Cap 12.th and several others for
that no persons were publickly mett with them and same
intent nor warned by any Magistrate or other officer to
depart nor any Outrage affray or Assault tending to the
disturbance of the peace by any person or persons committed
save endly the the private difference betweene the said Ann
Wroth and the said Eliz Sttevens noe presentm.t for a Riott
cann lie for which reasons Judgm.t ought to be arrested as
aforesaid

5 Rea
It doth appeare by the statute of the 19.th of It 7.th Capt 13.th
that the sheerif upon p.rsentm.t of a Riott shall returne 24
Jurors dwelling in the vicinage where the Riott was committed
in Issue of Lands to the value of 2018 p Annum
upon every Juror Now for that it doth not appeare
that there hath been such returne or that the Jury were
quallified soe well as the Lawes of this Province directs
Judgm.t for the said Reasons ought to be Arrested

Which Reasons being Read and the first being by the Court duely
considered the said Reasons are sufficient in Law to quash the
said Indictment and verdict

Therefore it is considered by this Court that said Indictment
and verdict for the Reasons aforesaid be quashed and from hence
forth be held for None
                                                            Simon Wilmer Clk

M.r Matthew Eareckson moves this Court that the said Ann
Wroth may be bound to her good behavior and Appearance att
next Court ordered that the said Ann Wroth find security according
to the said Motion
                                                        Simon Wilmer Clk


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 545   View pdf image (33K)
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