case the queen against soley and other a indictment for unlawful and riotous  enter the guildhall of a borough and prevent the burgess from elect a bailiff  of the corporation must show the modern report er p authority of the  corporation to elect such bailiff S c ante S c holt S c salk the defendant be  convict upon two information for riot the first be for hinder the bailiff and  burgess of Bewdley in their choice of a bailiff for that corporation and the  information set forth that the bailiff and burgess be assemble to choose a  bailiff for the borough of Bewdley the defendant riotous et routese warcry et  loud cry c hinder they upon the say election the second information be for  break open the door of the guildhall of the borough of Bewdley and it set  forth that the defendant on the twentythird day of October do assemble  themselves to disturb the peace et such assemblat do break open the door of a  certain house call the guildhall of the borough of Bewdley aforesaid the two  information be move in arrest of judgement and after several solemn argument  holt chief justice deliver the opinion of the court this term that both the  information be nought and judgement ought to be arrest the first be not good  because it do not appear what authority they have to choose a bailiff if  people have a lawful authority to choose a member of a corporation and above  two come with clamour and noise to disturb they it will be a riot a but see  vent and hawk p c ch S a and it be a trespass so it be of any franchise dean  and chapter c b see yearbook Edward pl register b but in this ease it do not  appear that they have authority which shall have be show either by charter of  prescription it be their have a right to elect that make this a unlawful act  if they have no right it will be no riot but their have a right and the  defendant act in opposition to this in a tumultuous manner make it a riot but  here the plaintiff right do modern report not appear c king v vaws Mod king v  Bernard comb king v Routledge dougl c therefore judgement must be arrest on  the first information then as to the second information it be ill because it  do not show who house it be it be say they break open the door cujusdam house  it be very well know that in a declaration it will not be good to say that he  break open the door cujusdam house but it must be he house to make it appear  to be the house of he that bring the action indeed in a indictment for steal a  horse it have be hold well to say horse cujusdam pardon because it appear that  it be not his own and there the indictment well lie d hale p c Staundf p c  dyer Dalton c hawk p c that edit d but to make a riot there must be a assembly  and a unlawful act do it have be object that it be say to be in the guildhall  of the borough and that will be tantamount and like the case of a not in a  church to which I answer first that it do not appear to be the guildhall of  the borough it only say peremptory or urgent call guildhall which be not  enough for it do not describe the thing and beside it shall have be in Latin  accord to the statute Edward c a see Geo c and Geo c a otherwise it stand for  nothing osborn case b   b and then take it that guildhall be leave out it be  no more than if it have be say they break the door cujusdam house second if it  have be sufficient describe to have be the guildhall of the borough of Bewdley  yet it may not be the guildhall of those people thus assemble for borough may  belong to lord of manor many borough be manor and a guildhall may belong to  the lord of a manor the book be obscure in the definition of riot I take it it  be not necessary to say they assemble for that purpose but there must be a  unlawful assembly and as to what act will make a riot or trespass such a act  as will make a trespass will make a riot if a number of man assemble with arm  in terror poplar tree though no modern report er p act be do it be a riot c  hob but see hawk p c that edit c if three come out of a alehouse and go arm it  be a riot d yearbook Henry pl d though a man may ride with arm yet he can take  two with he to defend himself even though his life be threaten e see hawk p c  that edit page e for modern report he be in the protection of the law which be  sufficient for his defence it have be object that in this information it be  not say in terror poplar tree to which I answer that in this information it be  well without it for in those riot which be riot without any act do as go arm c  it must be say in terror poplar tree but when a act be do it be otherwise sir  Robert atkins case be no riot because he go to claim a right f Mod show  Tremain f if several think they have a right to elect meet to assert their  right if they do not do it in a violent manner it be no riot if a convenient  number go to claim common which be enclose and they pull down the enclosure it  be no riot because they go under a claim of right g hawk p c that edit ch S g  it be not necessary to say in a information that they assemble with a intent  to commit a riot for to say they assemble riotose et routose and commit a  unlawful act be sufficient for that be a riot holt chief justice deliver this  as the opinion of the court and thereupon judgement be arrest upon both  information