case the queen against sole and other see field v receiver of metropolitan  police king b a indictment state that the defendant unlawful riotous and  routously assemble themselves together and hinder the member of a corporation  from elect a bailiff be insufficient unless it show that the defendant  assemble for a unlawful purpose and commit a unlawful act S c post S c holt S  c salk information for that the defendant riotous et routese assemble  themselves together and hinder the mayor c to elect a bailiff the exception  take be first that it do not appear what office this bailiff be and so this do  not appear to be a crime second that the addition of the word riotose c be  only aggravation a see the case of sir Robert Atkins Mod a Broderick sergeant  to make a person guilty of a riot there must appear to be a unlawful assembly  of three person or more with a intent to do a unlawful act which must be do a  hawk p c ch a the verdict will not help in this case for the jury find it to  be do riotose will not make it so if the chief fact do not appear to be so the  verdict will not help b bro Abr riot yearbook Henry pl Inst b the manner of do  a lawful thing may be unlawful c Lambert page c though this be a unlawful  thing yet it be no riot d yearbook Henry pl d in a indictment for a riot a  unlawful assembly must be lie in terror poplar tree king e ass lamb burr hawk  p c that edit ch S e and he cite the case follow to show that cosinage be a  good cause of challenge even by the party that be cousin for if the court see  there may be partiality though the party consent yet the court ought not to  stiff it lest justice shall not be impartial administer Edward c more cro holt  chief justice it be not the adverb riotose et routose that will make the  offence but it ought to appear what the crime be solicitor general contra it  be object that the party can waive the benefit of challenge by reason of  cosinage but I answer that if the law give a man a benefit be may renounce it  a alien shall have the center point linguae but yet the court shall not grant  it ex duty but the party modern report ought to pray it dyer he agree that if  no fact be charge the word riotose c will not make it a riot but then it will  amount to a misdemeanour and they be find guilty if people who have nothing to  do with the corporation will warcry et loud cry hinder that election this be a  misdemeanour holt chief justice never think to help a indictment by a verdict  eyres it be a good information for a riot to the first objection that it be  not modern report er p set forth to be a unlawful assembly to a ill intent I  answer that this be not necessary but the do the act be the thing and  therefore it must be intend to be do to that end by the shout c f rastal Ent  king v coal keb f for the act can not be do unless they be so assemble another  objection be it do not appear that the burgess be do a lawful act and so the  hinder can be no offence but I answer that it appear they be a corporation and  if the bailiff be choose only to be their receiver yet it be unlawful to  hinder their choose he g Reg g trespass may be by threaten h Reg h and a riot  may be warcry I rastal I and though the bailiff be a private officer yet it  will be a trespass to binder the do it and if the hinder be by many it will be  a riot it be not usual to show the manner of the fact a dawney v do you cro  James a the riotose will not make the fact a riot if the special matter in the  indictment show it to be none which he say will answer sir Robert Atkins case  b Mod b for there the special matter show the nature of the offence to be  other than it be lie holt chief justice sure it ought to be lie that the  assembly come together to do a unlawful act but if they come there accidental  or lawful if two or three do a unlawful act or make a clamour the rest be not  guilty by if they come together on purpose c burr black king v Royce burr c it  do not appear that he be a public officer indeed it be not necessary to show  their constitution be hinder their election such a public offence as to make  it a riot if it be a assembly of people together in terror poplar tree as in  the highway this without more be a breach of the peace in general modern  report but hinder their election be in the nature of it only particular d  corporation by charter be general suppose to be for the encouragement of the  trade in that corporation and consequent a advantage to the public and must be  so intend by their have a charter which be not to be suppose to tend to a  private advantage if so then to commit a offence against a corporation which  be act for the benefit of trade and by a charter be a great offence than the  same act in the highway which have only the protection of the crown for the  benefit of trade without a charter note to former edition d holt chief justice  in answer to Broderick object that no man have reason to complain of his  kinsman be on the jury why the reason that knight be to be on a jury when a  peer be concern be for the security of the commons for a knight be presume to  be a man of courage and not afraid to look a peer in the face Powell justice  it be true knight be for the privilege of peer but yet for the security of the  commons we must distinguish between crime be agree to the definition of a riot  ut above a affray riot and unlawful assembly be different offence and  consequent different punishment holt chief justice if I be write a letter and  three or more come halloo and jog I be this a riot No it ought to be in terror  poplar tree Adjournatur