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WILLIAM WEMMS AND SEVEN OTHERS. 483

of Pudsey, reported by Crompton, and cited by Hale, turned
upon this point. The offenses they respectively stood charged
with as principals, were committed far out of their sight and
hearing: and yet both were held to be present. It was suffi-
eient, that at the instant the facts were committed, they were
of the same party and upon the same pursuit, and under the
game engagements and expectations of mutual defense and
support, with those that did the faets.””

Thos far I have proceeded, and I believe it wilt not be
hereafter disputed by any body, that this law ought to be
known to every one who has any disposition te be concerned
in an unlawful assembly, whatever mischief happens in the
prosecution of the design they set out upon, all are answer-
ablo for it. It is necessary we should consider the definitions
of some other erimes, as well as murder; sometimes one crime
gives occasion to another, an assault is sometimes the occasion
of manaluaghter, sometimes of excusable homicide. It i¢ nec-
ewary to consider what is a riot. 1. Hawk, Chap. 65, Sec.
2. I shall give you the definition of it. ‘Whosoever more
than three persons use force or violence, for the accomplish-
ment of any design whatever, ell concerned are rioters.”*

‘Were there not more than threo persons in Dock Squaret
Did they not agree to go to King street, and attack the main
guard? Where then, is the reason for hesitation, at calling
it a riot? If we cannot speak the law aa it ia, where is our
liberty? And this is law, that wherever more than three per-
sons are gathered together, to accomplish any thing with
foree, it is a riot. 1. Hawk, Chap. 65, See, 2.—‘* Wherever
more than three, use force and violence, all who are con-
cerned therein are rioters; but in some eases wherein the law
authorizes force, it is lawful and commendable to use it. As
for a sheriff, 2 and 67 Poph. 121, or constable 3 H. 7, 10, 6, or
perhaps even for a private person, Poph. 121, Moore 656, to
assemble a competent number of people in order, witn force
to oppose rebels, or enemies, or rioters, and afterwards with
such fores, actually to suppress them,”

¥ do not mean to apply the word ‘rebel’? on this occasion.

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