A discourse concerning riots occasioned by some of the people called Quakers, being imprisoned and indicted for a riot, for only being at a peaceable meeting to worship God / written by one of that people, Thomas Ellwood. Ellwood, Thomas, 1639-1713. 1683 Approx. 53 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A39302 Wing E618 ESTC R39419 18403508 ocm 18403508 107496 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39302) Transcribed from: (Early English Books Online ; image set 107496) Images scanned from microfilm: (Early English books, 1641-1700 ; 1632:2) A discourse concerning riots occasioned by some of the people called Quakers, being imprisoned and indicted for a riot, for only being at a peaceable meeting to worship God / written by one of that people, Thomas Ellwood. Ellwood, Thomas, 1639-1713. 16 p. Printed for Thomas Hoskins ..., London : MDCLXXXIII [1683] Imperfect: cropped and slightly faded. Advertisement: p. 16. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Society of Friends -- England -- Apologetic works. Riots -- England. Persecution -- England. Great Britain -- Religion -- 17th century. 2003-02 TCP Assigned for keying and markup 2003-03 SPi Global Keyed and coded from ProQuest page images 2003-05 Judith Siefring Sampled and proofread 2003-05 Judith Siefring Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion A DISCOURSE CONCERNING RIOTS . Occasioned by some of the People called QVAKERS , being Imprisoned and Indicted for a RIOT , for only being at a peaceable Meeting to Worship GOD. Written by one of that People , THOMAS ELLWOOD . Thou shalt not Wrest Iudgment , Deut. 16.19 . If thou seest the Oppression of the Poor , and violent Perverting of Iudgment and Iustice in a Province , marvel not at the matter : for he that is higher than the highest , regardeth , and there be higher than they , Eccl : 5.8 . LONDON , Printed for Thomas Howkins , in George-Yard in Lombard-Street , MDCLXXXIII . The Occasion of this Discourse . THE Proceedings of late , in City and Country , against some of the People called Quakers , for Riots , for only Meeting peaceably together to serve and worship God , first put me upon inquiring into the Nature of Riots . What upon that Inquiring I have found I here present to publick view , for common benefit , that none through ignorance may be occasion of bringing an unjust suffering upon an innocent People , and thereby Guilt upon themselves . I do not pretend much skill in Law ( a Study and Profession I was never bred to ) But having spent some hours on this Occasion , in searching what the Law-Books say in this Case , I hope I may ( without incurring the Censure of Presumption ) communicate my Gleanings to such of my well-meaning Country-men , as have not leisure or opportunity to inform themselves otherwise . I solemnly declare I have no other end or aim in this Work , than to do Good and prevent Evil : Which Consideration , with men of Candour and Ingenuity , will be , I hope , a sufficient Apology for any seeming boldness in this Vndertaking . A Discourse concerning Riots , &c. THat the Nature of a Riot may be the better understood , I intend to observe this Method . 1. To set down the strict and proper Signification of the word . 2. To Inquire what the Statute Law says concerning it . 3. To observe what the common Acceptation of the word [ Riot ] is in Common Law. 4. To shew the contrarieties between Riots and peaceable religious Meetings . 1. Then , to begin with the Signification of the word . Cowell , a Doctor of the Civil Law , and the King's Professor thereof in the University of Cambridge , says , The word Riot ( in Latin , Riotum ) cometh of the French , Rioter , that is , Rixari ( which signifies to Chide , Scold , Brawl , Strive , or Quarrel . ) Cowell 's Interpreter , verbo Riot . Lambard says , Riot I think to be derived from the French word Rioter , signifying to Scold ( or Brawl ) because such manner of Acts be commonly accompanied with words of Brawl . Eirenarcha l. 2. cap. 5. Blunt says , Riot ( in French Riote ) is a brawling scolding Contention . Glossograph . verbo Riot . Judge Coke says , Riotum ( a Riot ) cometh of the French word Riotter , that is , Rixari ; which ( as I noted before ) signifies to scold , brawl , quarrel , &c. Inst. 3. part cap. 79. Tit. Riots . Keeble says , Riot is of the French Riotter , to scold or brawl , because such manner of Acts be commonly accompanied with words of brawl . Assistance to Justices of the Peace . p. 645. This is enough to shew how unapplicable the word Riot , in its proper and true signification , is to a peaceable , quiet , religious Meeting , which admits not of any scolding , brawling , quarrelling , or the like . 2. As to Statute-Law , although divers Statutes were antienly made for the suppressing of Riots , Routs and unlawful Assemblies , as 13 H. 4.7 . — 2 H. 5.8 . and 19 H. 7.13 . Yet none of them define or describe what a Riot is . So that I find nothing in the Statute-Law will add Light to this Inquiry ; and therefore we must have recourse to the Common-Law , and observe , 3. What the Common Acceptation of the word [ Riot ] is in the Common Law. Cowell says , It signifies in our Common Law , the forcible doing of an unlawful act by three or more Persons assembled together for that purpose . Cowell's Interpreter , verbo Riot . The same says Lambard in his Eirenarcha l. 2. c. 5. The same says West , Part 2. Symbol . Tit. Indictments . The same says R. Blunt in his Glossograph . verbo Riot . The same says Tho. Blunt in his Law-Dictionary , verbo Riot , The same ( in effect ) says the Book called Les Termes de le Ley , Tit. Riot , p. 244. And to the same purpose speaks Keeble , in his Assistance to Justices of the Peace . p. 645. Thus in short the define a Riot : but in the further opening of it , there are seven things I observe the Law-Books make essential to a Riot ; which I will set down severally . 1. The first is the Number of Persons engaged in it ; which may be any Number above Two. 2. The second is , that there be some fact actually done . For if three Persons or more should assemble together , and with intent to do such an act as would amount to a Riot : yet if they do it not , but depart again without doing any thing , their so assembling is no Riot . A Riot , says Lambard , is thought to be , where three or more persons be disorderly assembled to commit with force any such unlawful act , And do accordingly execute the same . Eirenar●ha l. 2. c. 5. Judge Coke says , Riot in the Common Law signifieth when three or more do any unlawful act , as to beat a Man , &c. Instit. 3. Part. c. 79. Tit. Riots . A Riot , says Pulion , is where three persons or above do assemble themselves together to beat or maim a Man , &c. And they do it . Pult. de Pace Regis , fol. 25. Dalton says , Where three persons or more shall come or assemble themselves together , to the intent to do any unlawful act , with force or violence , against the Peace , or to the manifest terror of the People , — If they do execute any such thing indeed , then it is a Riot . Country Iustice , c. 85. Tit. Riots . The same says Meriton in his Guide for Constables p. 93. A Riot , says Keeble , is thought to be , where three or more porsons be disorderly assembled to commit with force any unlawful act , And do accordingly execute the same . Assist. to Just. p. 645. She herd having shewed what number of Persons , and what kind of unlawful Act can make a Riot , says , a Riot is , where they do not only begin , and go on , but finish their work , or with unlawful Weapons do such an unlawful act , Grand Abridgment Part 3. p. 259. From all which it is evident , that for any number of Persons barely to assemble themselves together ( thougb it were with a Riotous intention ) is no Riot , unless the same persons being so assembled , do commit some such unlawful act as in construction of Law will amount to a Riot ( and of what kind that must be , shall be our next Inquiry . ) So that , if in a peaceable manner to preach or pray could legally be interpreted a Riotous Act : yet those Meetings which are wholly silent , wherein there is nothing said , nothing done ; or wherein ( which is much alike ) no proof can be made of anything said or done ( and such , it seems was that Meeting , which gave occasion to this discourse ) such Meetings to be sure cannot be Riots , 3. A third thing is , that the act or deed done must be not only unlawful , but injurious to another . This appears by the Examples given by the most Eminent Lawyers that have written of this Subject . Judge Coke says , " A Riot in the Common Law signifieth , when three or more do any unlawful act : then to explain what he means here by an unlawful act , he immediately adds , As to beat any man , or to hunt in his Park , Chase or Warren , or to enter or take possession of another Man's Land , or to cut or destroy his Corn ; Grass or other profit . Instit. 3. p. c. 79. Tit. Riots . Shepherd , having shewed what number of Persons must be present to make a Riot , adds , A second thing that must be in the Case to make up any degree in these Offences , must be , that the Assembly they go with , or their intent and design must be evil , to do some hurt to Men or that which is theirs : then instances thus , As breach of Inclosures , or Bancks , or Conducts , Parks , Pounds , Houses , Barns , the burning of stacks of Corn , or the like ; or to enter into Lands , to beat others , or to carry away their Wives , or the like . Grand Abridg. 3. part p. 259. Tit. Riots . Fitz-herbert explains the unlawful act which makes a Riot , by these Examples , viz. To beat or to maim another , Fitz-h . Office of Just. of Peace , p. 53. Lambard uses these Examples viz. To beat a Man , or to enter upon a Possession forcibly . Eirnarcha , lib. 2. c. 5. The same are in the Book called Les Terms de la ley . Tit. Riot . p. 244. Pulton says , A Riot is where three Persons or more do assemble themselves together to the intent to beat or maim a Man , to pull down a house , wall , pale , hedge , or ditch ; wrongfully to claim or take Common or way in a ground , to destroy any Park , Warren , Dove-house , Pond , Pool , Barn , Mill , or stack of Corn ; or to do any other unlawful act , with force and violence , and against the Peace , and they do it . Pult. de Pace Regis , fol. 25. Meriton says , Where three Persons or more shall come and assemble themselves together , to the intent to do any unlawful act , with force or violence , against the Person of another , his Possessions or Goods ( then he instances particulars ) As to kill , beat , or otherwise to hurt , or to imprison a Man ; to pull down a House , Wall , Pale , Hedge , or Ditch ; wrongfully to enter upon or into another Man's Possession , House or Lands , &c. Or to cut , or take away Corn , Grass , Wood , or other Goods wrongfully ; or to hunt unlawfully in any Park or Warren , or to do any other unlawful act ( with force or violence ) against the peace , or to the manifest terror of the People , — if they do any such thing in deed , then it is a Riot . Guide for Constables , p. 92.93 . For this he cites divers Authors , particularly Dalton , who gives the self-same Examples of an unlawful Riotous act , and out of whom he seems to have transcribed this verbatim . So that I need not repeat what Dalton there says ; but shall only observe out of him , that one of the Reasons he gives , why , If divers do assemble and gather together to play at certain unlawful Games and Sports ( which he mentions ) it is no Riot , is , because These Meetings ( says he ) usally are not with any intent to offer or do violence or hurt to the Person , Possessions or Goods of any other . Dalt . Country Just. c. 85. Tit. Riots . By all these Instances it is evident , that those unlawful Acts which the Common Law takes notice of as Riots , are such as are some way or other injurious and hurtful to the Persons or Possessions of others ; But quiet and peaceable Meetings , for the Worship of God only , are no ways injurious or hurtful to the Persons or Possessions of any . So that it is not every unlawful Meeting , or Assembly of People forbidden by the Law , that will amount unto a Riot . 'T is true indeed , every Riot is an unlawful Assembly ; but ( the Terms are not convertible ) every unlawful Assembly is not a Riot . Dalton says , The manner of doing an unlawful Act by an Assembly of People , may be such ( and so handled ) as that it shall not be punished as a Riot . Country Just. c. 86. p. 221. And both Lambard and Keeble , from Marrow , assure us , that an unlawful thing maybe so done , as that it cannot be made a Riot . Eirenarcha , l. 2. c. 5. Assistannce to Just. p. 645. And so says Shepherd also , Grand Abridgment 3. part . p. 260. And to manifest yet further , that by an unlawful Act in a riotous sense , the Law Books intend such an Act as is injurious or hurtful to the Person or Possessions of another they tell us that unlawful Act which makes a Riot , must be Malum in se Evil in it self and of its own nature . This Dalt . implies , when he says that to play at Foot-ball , Bucklers , Bear-baitings , Dancings , Bowls , Cards or Dice , or such like Games or Desports ( which he confesses are unlawful ) is no Riot , because they are not Evil in themselves . Country Just. c. 85. But in the last Edition of Dalton ; ( printed last year , with many considerable Additions by another hand ) it is said expresly , An unlawful Assembly , Riot or Rout , is where three or more shall gather together , come or meet in one place , to do some unlawful Act with violence , and that unlawful act must be Malum in se , that is , evil in it self ) and not Malum prohibitum ( not evil forbidden , only . ) See the new Edition of Dalton's Country Justice , c. 136. Now if ( according to these ) that unlawful act which makes a Riot must be evil in it self ; or injurious , then surely it cannot possibly be a Riot for people to assemble peaceably and quietly together to worship God : for certainly no man can harbour a thought , that it is evil in it self for Men and Women to worship God , or to assemble together , in a peaceable manner , for that end . And it is manifest that the statute of the 22. Car. 2. ( commonly called the Conventicle Act ) which prohibits those Meetings to greater Numbers , doth not take those Meetings to be evil in themselves , because it permits them to lesser Numbers . 4. A fourth thing essential to a Riot is force or violence . So all agree . Cowell says , It signifies in our Common Law , the forcible doing of an unlawful Act , &c. Cowell's Interpreter , verbo Riot . West says , A Riot is the forcible doing of an unlawful act , &c. Symbol . 2 par Tit. Indictments . R. Blunt says , Riot signifies in our Common Law , the forcible doing of an unlawful act , &c. Glossograph . verbo Riot . Tho. Blunt says , Riot signifies the forcible doing an unlawful act , &c. Law-Dictionary , verbo Riot . Keeble says , a Riot is thought to be where three or more persons be disorderly assembled to commit with force any such unlawful Act , &c. Assist. to Just. p. 645. Lambard not only defines a Riot to be , where three or more persons be disorderly assembled to commit with force , any such unlawful act ; but at his entrance upon the Discourse of Riots , having premised that many Contentions may be without any apparent shew of Assembly against the Peace ; I will leave them , says he , and resort to those other that the Commission saith to be done vi armata ; and thereupon he proceeds to describe Riots , Routs , &c. So that it is plain he lookt upon that act which could make a Riot , to be an act done vi armata , with armed force , or , as the Phrase is , with force and Arms. And therefore , treating of what one Justice may do in the Case of a Riot , he says , He alone ( or with his Servant ) may go to the place , and such as he findeth riotously assembled and Armed , he may arrest — and may take their Weapons from them . Eirenarcha , l. 2. c. 5. Tit. Riots . Which implies that they must be Armed , they must have Weapons , that commit a Riot . But Shepherd speaks full and plain : For describing an unlawful Assemby , Rout and Riot , he says , Rout is , where being thus met they move , being weaponed , from the place of their Meeting towards the place where they prepose to do this act , in a turbulent way to effect it , &c. But a Rior , he says , is where they not only begin and go on , but with Vnlawful Weapons finish or do such an unlawful Act. Grand Abridgment 3. part . p. 259 : Dalton says expresly , It seemeth it can be no Riot , except there be an intent precedent to do some unlawful Act , and with violence or force , Count , Just. ch . 85. Thus all concur , that that Act which makes , or can be made a Riot , must be a forcible Act , or an Act done with force . So that No Force , No Riot . And therefore , seeing our peaceable , quiet , religious Meetings are wholly free from force and violence , it follows that they are also free from Riot . Now that none may err through misapprehension that the words [ vi armata , or with force and Arms ] are words of Form only , and not material and essential to a Riot ; let me add what Lambard saith thereupon . Even as the Civilians do handle two sorts of Force : of which they call the one vim , and vim simplicem , privatam ; five quotidianam ; and the other vim armatam , atrocem & publicam , because the first is void of any fearful outrage , and the latter seemeth to kindle the Coals of Sedition it self : So likewise says he , our Law taketh knowledge of two manner of Force , whereof the one is rather intellectual than actual , and may therfore be termed , A Force in the Consideration of Law , which accounteh all that to be vis , which is contrary to Ius . But the other is apparent by the Act it self , which alwaies carrieth some fearful Shew , and matter of Terror ( or trouble ) with it . Eirenar . l. 2. c. 4. p. 140. And therefore ( l. 2. c. 5. p. 174. ) he explains [ vis armata ] to be that , which doth bring manifest Terror unto the Subject . And as he makes that which he calls an intellectual force , or a force in the consideration of Law , to relate to Suits and Actions at Law for Trespasses , &c. So ( in his first Book , c. 2. p. 7. ) he declares , It is no part of the Justices Office to forbid lawful Suits and Controversies , but to suppress injurious force and violence moved against the Person , his Goods or Possessions And in p. 10. he saies , I conclude that this furious Gesture and beastly force of body or hands ( and not every Contention , Suit and disagreement of minds ) is the proper subject and matter about which the Office of the Iustices of the Peace is to be exercised . Now since a Riot is the proper Subject and matter about which the Office of Justices of the Peace is to be exercised , it follows that that vis armata , that force and Arms , which is of necessity to the making of a Riot , must needs be this furious Gesture this beastly force of body and hands ( as Lambard calls it ) which brings terror to the People , and which our Meetings are free from ▪ Dalton also , undertaking to shew what the Law accounteth to be force , and what weapons be offensive in these and the like cases , saies , To have Harness , Guns , Bows and Arrows , Cross-bows , Halberts , Javelins , Bills , Clubs , Pikes , Pitchforks , or Swords not usually born by the Parties , shall be said to be vis armata . And so to use casting of Stones , hot Coals , scalding Water or Lead , or , be said to be vis armata ; Country Iust. c. 77. p. 203. 5 A Fifth thing is the previous Intent of the Persons assembled . Both Lambard and Keeble tell us , The intention and purpose of those that be assembled is worthy the weighing . And they instance some Cases of persons that being met at an Ale-house , a Christmas-Dinner , or a Church-Ale , fell together by the Ears and fought , yet this was no Riot ( but a sudden Affray only ) because they did not come thither with intention to fight ; Eiren. l. 2. c. 5. Assist. to Just. Tit. Riots . Shepherd says , If many come together unarmed , they know not why themselves ; this is no offence punishable , unless it can be known , that they came to some Evil Intent , or that they do miscarry themselves in some Evil Act. Now , since we come together unarmed , not to any Evil Intent , but to a very good Intent , namely , to serve and worship the true God , in a peaceable manner , and do not miscarry our selves in any Evil Act in our Meeting : Surely ( if Shepherd might be Judge ) Our Meetings are not Riots . Dalton speaks home ; It seemeth , says he , it can be no Riot , except there be an intent precedent to do some unlawful Act , and with violence and force ; Count. Just. ch . 85. Now the intent of our Meetings being only to serve and worship God , and that not with violence or force , but in peace and quietness , it seemeth such Meetings cannot be Riots . 6. A Sixth thing essential to a Riot is , Breach of the Peace . The Peace must be broken , or it is no Riot . In this all agree . And least any doubt should arise what is intended by , or what will amount to a Breach of the Peace in this Case , the Law-Books will explain it . Lambard saies , Two special things there are , that be common and must concur , both in the unlawful Assembly , Rout and Riot ; the one that three persons ( at the least ) be gathered together : — the other , that they being together , do breed some apparent disturbance of the Peace , either by signification of Speech , Shew of Armour , turbulent Gesture , or actual and express violence ; so that either the peaceable sort of men be unquieted and feared by the fact , or the lighter sort and busie-bodies be imboldened by the Example ; Eiren. l. 2. ch . 5. Cowell , following him saies , Two things are common both to Riot , Rout and unlawful Assembly ; the one , that three persons at the least be gathered together : the other that they being together do breed disturbance of the Peace ; ( How ? ) either by signification of Speech , shew of Armour , Turbulent Gesture , or actual and express Violence ; Cowel's Interp. verbo Riot . Shepherd saies , These two things are common both to the Riot , and the Rout , and unlawful Assembly . There must be three persons at the least gathered together in it : the other , that being together , they do breed disturbance of the Peace , either by signification of Speech , shew of Armour , Turbulent Gesture , or actual and express Violence , &c. Grand Abridgment , p. 3. p. 259. Dalton saies , As there must necessarily be three persons at the least , assembled together , to make a Riot , &c. So there being together , and their demeanour must be such , as shall or may breed some apparent disturbance of the Peace ; either by threatning Speeches , Turbulent Gesture , shew of Armour , or actual force or violence ( to the terrour and fearing of the peaceable sort of People , or to the emboldening and stirring up of such as are busy-headed , and of evil disposition , by such fact ) or else it can be no Riot , &c. Country Iust. c. 87. Tho. Blunt saies , Two things are common both to Rout , Riot and unlawful Assembly ; The one , that three persons at least be gathered together : The other , that they being together do disturb the Peace , either by words , shew of Arms , Turbulent Gesture , or actual violence ; Law-Diction . verbo Rout. Keeble saies , Two special things there are that be common , and must concur both in the unlawful Assembly , Rout and Riot . 1. That three persons at the least be gathered together ; — 2. That there being together , do breed some apparent disturbance of the Peace , either by signification of Speech , shew of Armour , Turbulent Gesture , or actual and express violence . So that either the peaceable sort of men be unquieted and feared by the Fact , or the lighter sort and busie-bodies be imboldened by the Example ; Assist. to Iust. p. 645 . And saies he , p. 646. ( And so saies Lambard also , Eiren. l. 2. c. 5. ) if many do meet to play at Bowls , Tables , or Cards ( which yet are unlawful Games forbidden by the Statute of 33 H. 8.9 . ) and do use no misbehaviour against the Peace , they are not punishable in this degree . How much less then are they punishable in this degree , ( viz. of Riot ) who meet together for a good and godly end only , to worship God , and use no misbehaviour against the Peace ! By all these Testimonies it appears , both that to the making of a Riot there must of necessity be a breach of the Peace ; and also wherein that Breach of the Peace consists , namely , in threatning Speeches , shew of Armour , turbulent Gesture , or actual violence . And that this is indeed the true and proper meaning of the words [ Breach of the Peace ] might be further confirmed by other evidences out of Lambard's Eiren. l. 1. c. 2. and l. 2. c. 3. But most plainly out of Dalton , who having defined Peace ( in a legal sense ) to be An Abstinence from actual and injurious force and offer of violence , saies , The breach of this Peace seemeth to be any injurious force or violence moved against the person of another , his Goods , Lands , or other possessions , whether it be by threatning words , or by furious Gesture , or force of the body , or any other force used in terrorem ; Count. Iust. c. 3. But well known it is to all , that know our Meetings , that no injurious force or violence is moved by us in our Meetings against the Person , Goods , Lands , or Possessions of any : So that the Peace is not broken by us in our Meetings , and consequently our Meetings are not Riots . 7. The Seventh and last thing essential to a Riot is , Terrour to the People ; that is , That the thing done be either of it self , and in its own nature so dreadful , or performed in such a formidable and affrighting manner , that the People are thereby struck with terrour . Lambard , proceeding to speak particularly of Riots , Routs , &c. saies , I will leave those contentions which may be without any apparent shew of Assembly against the Peace , and resort to those other that the Commission saith to be done vi armata , and that do bring manifest Terrour unto the Subject . And a little after , he mentious the use of Har●●ss on Midsummer-night in London , or on May-day in the Country , ` Which ( being for sport only ) is , saies he , no such offence ( that is , no Riot ) seeing no Terrour followeth of it : And , saies he , the words In terrorem populi seem to be material in an Indictment of this kind ; Eiren. l. 2. c. 5. Dalton saies , An Assembly of an hundred persons or more ( yea though they be in Armour ) yet if it be not in terrorem populi , and were assembled without any intent to break the Peace , it is not prohibited by any of these Statues ( viz. which were made against Riots , &c. ) nor unlawful . And he gives the same instance Lambard gave of the Assembly of People , and their use of Harness upon Midsummer-night in London , Which ( saies he ) being only for disport , is lawful ; and though it be with a great Assembly of People , and in Armour , yet it being neither in terrorem populi , nor to do any Act with force and violence against the Peace , it is lawful , saith Dalton , Coun. Just. c. 85. And he shews further ( ch . 87. ) That if divers in a Company shall go , on a lawful occasion , armed and in harness , to the terrour of the people , though they have no intent to fight , or to commit a Riot , yet this is a Rout by the manner of their going . But on the other hand , if they had gone in privy Coats of Plate , Shirts of Mail , or the like , to the intent to defend themselves from some Adversary , This ( saies he ) seems not punishable within these Statutes ; and the Reason he gives is , For that there is nothing openly done in terrorem populi , to the terrour of the People Keeble ( treating of Riots , and reciting the words of Lambard though he cites Crompton for the Author ) saies , to use Horns on Midsummer-night in London , or on May-day in the Country , for sport only , is no such offence ( that is , is no Riot ) seeing no terrour followeth it ; and the words [ in terrorem populi ] seem , saies he to be material in an Indictment of this kind . Assist. to Just. p. 646. With Keeble's Judgment I chuse to close this point , both as he is the last ( so far as I know ) that hath written on this Subject , and for that his Book hath the Approbation of all the twelve Judges Many other Authors I could have quoted on this Subject , & some too of great Name , as Marrow , Kitchin , Brook , Crompton , &c. whom I find cited by others to this purpose ; but not having read these Authors my self , I forbear using them , that I might not rely on any authority taken up at second hand . Thus having gone through the several parts of a Riot , according to the Distribution premised , I take a Riot , in short to be this . When three persons , or more , are assembled together in Arms , with a fore-intent and purpose to do such an unlawful act , as is both evil in it self , and hurtful to another , either in person , or estate ; and do it in a forcible manner , to the apparent Breach or disturbance of the Peace , either by threatning words , shew of Armour , turbulent Gesture , or open violence , and to the manifest terrour of the People . 4. Now because ( according to the Rule , Contra●ia juxta se posita magis elucescunt , i e. ) when Contraries are set one by another , their Contrarieties do the more manifestly appear , I will briefly set forth the Contrarieties between Riots and peaceable Religious Meetings , by opposing our Meetings to Riots , through the several particulars before mentioned . And first as to number of Persons . In a Riot ( if the fact be such as the Law accounts Riotous ) any number of Persons above two is sufficient to commit a Riot . But in those Meetings for the exercise of Religion which are forbidden by the Conventicle-act , it is not unlawful even by that Act for four persons besides the Family ( how numerous so ever that be ) to assemble together . So that even in point of numbers there is a material difference between Riots and Religious Meetings : which shews , the Parliament that gave liberty to four persons besides the family to meet , did not understand those Meetings to be Riots . Th-Conventicle-act doth not permit Riots : But the Conventicle-act doth permie Religious Meetings to such Numbers as ( as if those Meetings were of a Riotous nature ) are sufficient to mak a Riot ; Therefore such Meetings are not Riots . 2. In a Riot there must of necessity be some overt act , some deed done , some fact committed by the persons assembled ( which may come under the Cognizance of outward evidence ) more than their bare assembling together , else it cannot be a Riot . But ( as in none of our Meetings there is any Riotous act , ( so ) in such of our Meetings as are wholly silent , there is no overt act at all , no deed done , no fact committed by any of the persons assembled ( which may come under the Cognizance of outward evidence ) more than their bare assembling : therefore such Meetings cannot be Riots . 3. In Riots , the fact done must be not only unlawful , but injurious or hurtful to another , either in person or estate . But our Meetings ( if at all unlawful ) are no way injurious or hurtful to any , either in person or estate : therefore our Meetings are no Riots . 4. That Act which makes a Riot must be done vi armata , with force and arms , or in a forcible manner . But our Meetings are not held , nor is there any thing done by us in them , vi armata , with force and arms , or in a forcible manner : therefore our Meetings are not Riots . 5. To make a Riot , there must be a previous intent in the persons assembled , to do some such unlawful act as is evil in it self and hurtful to others , and that with force . But in our Meetings , we have no previous intent to do any such unlawful act , as is evil in it self and hurtful to others ; nor have we any other intent at all , than sincerely and really to serve and worship God , and that without force or violence : therefore our Meetings are not Riots . 6. It is not a Riot , unless the Peace be broken or disturbed by the persons assembled , either by threatning speeches , shew of Armour , Turbulent Gesture , or open violence . But in our Meetings , the Peace is never broken nor disturbed by us , we give no threatning speeches ; we shew no armour ( nor have any to shew ) we use no Turbulent Gestures ; nor do we offer violence to any : therefore our Meetings are not Riots . 7. It is not a Riot , except it be done with Terrour to the People . But our Meetings are not held with Terrour to the People : therefore our Meetings are not Riots . How truly I have stated the Case , on the one hand , with respect to Riots , the many Quotations in the fore-going Discourse will shew . How true an account , on the other hand , I have given of our Meetings , the whole Nation ( and all Nations wherein we have Meetings ) may judg . Upon the whole , my request is , that all , both Justices and Jurors , who are or shall be concerned in this or the like Case , will seriously weigh the matter , and not strain the Law beyond its due Extent . To oppress any by colour of Law , is the greatest abuse of Law. I intreat Grand-Juries therefore to regard Iustice , to regard their Oath . They are sworn expresly to examine diligently , and true presentment mabe , &c. They are sworn expresly , to present the Truth , the whole Truth , and nothing but the Truth , to the best of their knowledge . Now that they may not break their Oath , but that they may true Presentment make , that they may present nothing but the Truth , that they may not present a Falshood for Truth , I intreat them again and again to examine diligently both what Riots are , and what our Meetings are . And if upon such diligent Examination they find any of those material and essential Differences between our Meetings and Riots ( which I have before observed ) that then they will , like just Men and Christians , keep themselves clear from making false Presentments instead of True , from writing Billa vera ( a true Bill ) upon that Bill ( and delivering it in as such upon their Oaths ) which perhaps in three parts of four is utterly and apparently false : The like request I make to petit Juries in the like Case , who are sworn well and truly to try , and true deliverance make , &c. according to their Evidence . Which Evidence ought to be of good fame : for it 's a Maxim , Iustitia non potest cum Scelerato Commercium habere ; Justice can have no Commerce with a wicked graceless person : And Turpes a tribunalibus arcentur . Vile persons ought to be rejected by Courts of Judicature . And therefore witnesses are required to be not only Legales , Lawful men , but Probi , virtuous and good men , men of approved honesty , from such Witnesses the Jury may expect ( and ought to have before they find any man guilty ) a plain , full and clear evidence of every material part of the charge laid against him ; and let me add , of all such Circumstances also , as may any way aggravate the Offence : for nothing that may endamage the accused party should be taken upon Presumption or supposition , nor without plain and clear proof . The witnesses deposition is therefore called evidence , because it makes the Truth and falsehood of the charge evident and plain : and saies Coke , Probationes debent esse evidentes & perspicuae , proofs ought to be evident and clear . O that all men concerned in these and such like Cases , would so conscienciously and considerately discharge the duty of their Offices , that with comfort they might give account thereof to the Great Judge at the last day ! For why should any draw upon their own heads the guilt of Perjury , and the vindictive cry of oppressed Innocents ; But if there be any that are eager and desirous in their minds to have our Meetings punished as Riots ; Let me intreat them also to consider , How dishonourable a Reflection it would be both to the Government , and to the Religion established thereby , If peaceable , quiet , Religious Meetings , conscienciously holden , only and alone for the Worship and Service of God ( wherein no Evil is either acted or intended , no violence or force used , no breach of the peace made , no terrour given : but an innocent , meek , passive , and truly Christian behaviour and deportment shewn ) should be judicially declared Riots , and punished as such : when at the same time our Law-Books assures us , that not only playing at Bowls , Dice , Cards , &c. But even the Numerous Assemblies that frequent those more Clamorous , Rude , Impetuous and Boisterous sports of Dancings , Foot-ball-playing , Bear-baitings , Bucklers or Fencings , and such like , are not Riots , Routs , nor unlawful Assemblies , shall such vain and Russianly sports wherein so much Rudeness , disorder and Prophaneness is committed ( and which seem to be so near of Complexion to Riots ) be declared to be no Riots : and shall peaceable and Religious Meetings , wherein only God is worshipped ( and which have no shew nor appearance of Riots in them ) be condemned for Riots ! God forbid . If any should think our Meetings may be Riots , because we sometimes meet in the open Streets or in the High-way ; Let such consider , that we do not meet in the Streets or High-waies by Choice , but by Constraint . We come not with intent to meet in the Streets or High-waies , but in our Meeting-houses . But where we are shut out and kept out of our Meeting-Houses , we are necessitated to meet abroad . And yet there also we demean out selves peaceably and quietly , not offering violence or injury to any , nor coming with any Intent so to do . And if any should apprehend , that our not departing immediately upon a Constable's making Proclamation , doth make our Meetings Riots , it may not be amiss for such to enquire , whether there be any Statute in force , that doth impower Constables , and other inferiour Officers , to make such Proclamation , and requires the persons assembled forthwith to depart thereupon . The Act made in the first year of Q. Mary , c. 12 ( which appointed the making of Proclamation in some Cases of another nature , though not by a Constable , so far as I observe ) being but a temporary Act continued by Q. Eliz. ( in the first year of her Reign , c. 16. ) to the end of the next Parliament after her death is long since expired , or discontinued , as Pulton , Dalton and Keeble declares . However if it were in force , it would not reach us or our Meetings , which are not guilty of any of those Offences , against which that Act was made . Lastly , I desire the Reader to observe , that the difference between a Riot , Rout and unlawful Assembly , is only in the execution or Non-Execution of that Act , which , being done , makes a Riot . In all things else they are alike , there must be the same number of Persons to make an unlawful Assembly , as to make a Riot . There must be the same previous intent in the one as in the other ; the fact intended to be done in an unlawful Assembly , must be of the same nature with that which is done in a Riot , that is , it must be evil in it self and injurious to another , as well in the one as in the other . There must be vis armata , force and arms to the making of an unlawful Assembly , as well as to the making of a Riot . There must be breach of the peace to make an unlawful Assembly , as well as to make a Riot . There must be Terrour to the people to make an unlawful Assembly , as well as to make a Riot . All the odds is , that if the Persons so assembled , in such forcible manner , to the Breach of the Peace and terrour of the People , do not actually perform that unlawful act , which is evil in it self and injurious to the person , or Possessions of another , but depart again without proceeding to do it , then it is only an unlawful Assembly ; whereas if they indeed do it , then it is a Riot . And a Rout is a degree between both , when after the Persons are so assembled , there is some Progress made , they ride , go , or move forward , towards the Execution of such unlawful and injurious Act , and yet do not actually execute it . POSTSCRIPT . SInce I have undertaken to discourse of the Nature of Riots , and there is some mention in Holy Scripture of Rioting , &c. it will not be amiss to shew what Rioting is in Scripture-sence also . The Prodigal Son ( in the Parable , Luke 15.13 , ) is said to have wasted his substance with Riotous living [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] living Profusely and dissolutely , as Pasor explains it . The same word ( in the substantive ) is used , Ephes. 5.18 . and rendred , Excess ; which Baeza expounds to be , Omnis Profusio , eaque summa cum Turpitudine conjuncta ; All manner of Profuseness , and that joyned with the greatest Filthiness . It is used again , Tit. 1.6 . where it is required that the Children of such as were to be ordained Elders , should be [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] not accused of Riot , that is , of leading a dissolute and profuse life . The same word is used again , 1 Pet. 4.4 . and very well explained by the verse foregoing . For the Apostle having said ( verse 3. ) The time past of our lives may suffice us to have wrought the will of the Gentiles , when we walked in Lasciviousness , Lusts , Excess of Wine , Revellings , Banquetings and abominable Idolatries ; adds verse 4. ) Wherein they ( the Gentiles , who yet walked in such things ) think it strange , that you ran not with them to the same Excess of Riot , viz. to walk in Lasciviousness , Lusts , Excess of Wine , Revellings , Banquetings , &c. So that it is clear , that by Riot here ( ver . 4. ) he means the Lasciviousness , Lusts , Excess of Wine , Revellings , Banquetings and abominable Idolatries ( which he had newly mentioned Verse 3. ) and which the Christians , it seems , before Conversion , having walked with the Gentiles in , were now after their Conversion to Christianity , thought strangely of , and blasphemed but the Gentiles , for not running on still in the same . These are of the Places ( so far as I observe ) wherein 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Read in the New Testament ; It signifies , saies Leigh , Two Things : 1. Excess in Expences , opposite to Frugality . 2. Excess in Delights ( whether it be in Meats or Drinks , or the like ) opposite unto Temperance : and it signifieth these Vices in an Extremity . Or ( as he gives it from another ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , Prodigality , is taken in a twofold sence : either properly , and then it signifies that Vice , whereby any one keeps not his Estate , Wealth , or Money ; bu● squanders it away lightly and uprofitably upon any thing , without any apparent advantage to himself or others . Or Improperly , and then it signifies Luxury , by which we lavishly waste our Estates upon our Pleasures and Lusts , upon Playes . Feasts , Excess of Apparel , &c. Carmel . a Lapide saies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies , 1. Surfeiting by too much Eating and Drinking , Excess , Lasciviousness . 2. Luxury and Lust. Zanchy saies , It signifies Riotous Excess and Profuseness joyn'd with the greatest Villany . This , and more of this kind , see in Leigh's Crit. Sacra . which sufficiently shews what kind of thing Riot was in the Apostles daies . Mention also we have of Rioting , in Rom. 13.13 . Let us ( saies the Apostle ) walk honestly ( or decently , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as in the day ; not in Rioting and Drunkenness , not in Chambering and 〈◊〉 , not in strife and envying . Rioting here may well be understood by its Companions it is associated with , viz. Drunkenness , Chambering , Wantonness , Strife . The word here used for Rioting is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which in Gal. 5 , 21. And 1 Pet. 4.3 . is rendred Revelling . Nor is it elsewhere used in the New Testament , that I remember . In Latin it is turned Commessatio , which ( saies Leigh ) signifies Excess of Belly-chear in Riotous Feasting . And , he saies , St. Ambrose expounds it , Luxurious Feasting and Banqueting , wherein ( saies he ) men take liberty to all Lascivious and Riotous 〈◊〉 ; Crit. sacra . There is one place more in the New Testament , where we read the word Riot , and that is in 2 Pet. 2.13 . where the Apostle speaks of some , who counted it pleasure to Riot in the day time . The Greek word there used is [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] which signifies Excess of Pleasures and effeminating Delicacies . It is used in the same sense , Luke 7.25 . and Iames 5.5 . in which last place it is joyned with a word that signifies to live wantonly . ( Ye have lived in Pleasure on the Earth , and been wanton [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] ye have nourished your hearts , as in a day of slaughter ; ye have condemned and killed the Iust , saith the Apostle Iames ) a word not elsewhere used in the New Testament , save in 1 Tim. 5.6 . where we read , She that liveth in Pleasure [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] is dead while she liveth . These are the Pleasures the Apostle Peter called Riot . And this is all I remember to have read of Riot and Rioting in the New Testament . In the Old Testament , I meet with it but twice , Prov. 23.20 . Be not among Wine-bibbers ; amongst Riotous Eaters of Flesh. Chap. 28.7 . He that is a Companion of Riotous persons , shameth his Father . In the Margin , He that feedeth Gluttons , &c. There is also a Marginal Reference to Chap. 29.3 . where it is said , He that keepeth Company with Harlots spendeth his substance . In Latin these Texts are turned by Hierom , Pagnine , Montanus , Tremellius and Iunius , by the words Commessatio , Commessator , and Comedo ( an old obsolete word ) all signifying Gluttonous Gourmandizing , or inordinate Eating and Drinking , whereby men do Riotously waste and consume their Estates . Let this suffice , without particular Application , to shew what Rioting and Rioters are in Scripture-sense . THE END . 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