To the Ld. Mayor & other Justices & Aldermen of the CITY of LONDON. The Case of the Prisoners, commonly called QUAKERS in the said City, Humbly Presented: We the said Prisoners, who have nothing but Love and Good will, Sincere and Due Respects towards you all, both as Men and Civil Magistrates, do Hearty 〈◊〉 your Health and Prosperity in Justice and Truth. THE Matters which we would humbly present to you 〈…〉 rious and tender I considerations, are chief concerning the Charge ●…st our peaceable Religious Assemblics, in late Indictments rendered 〈◊〉, & c, but in some later Routs & Unlawful Assemblies, witb Force & Armss 〈◊〉 & then Fining & Imprisonment till payment; together with a Ju●…t against some to find Sureties for the Good Behaviour. This cou 〈…〉ing been taken, we really conceive the measure we have thereby is not only hard, b 〈…〉 either unmerited on our parts: We hope you'll give the Loser's and Sufferers leave to 〈◊〉 without offence. We pray you seriously consider, whether the Charge of Routs, & ●…n be rationally laid upon our said peaceable Assemblies, or they justly punishable as 〈◊〉 and we thereupon to be thus closely confined and fined, as Persons Riotous etc. 〈◊〉 legal definition Routs as given by allowed Authorities. As an Unlawful Assem●… in Common Law, is, of the Company of three or more Persons, disorderly coming together, with Intention Forceably to commit an unlawful Act; as to beat a 〈◊〉, or to enter upon his Possession, cut or destroy his Corn or Grass, or such like. So a Roost is when such Assembly Moveth, going or riding forward, to commit by force such unlawful Act, to the injury of the Person or Possession of another. And then a Riot is when they do execute the same, using threatening words, furious gestures, and other Force and Arms, to the ●…errour of the people, wherein there is some apparent disturbance of the public Peace, either by signification of Speech, show of Armour, turbulent Gestore, or actual and express Violence, etc. In which definition, both W. Lambard in his Eirenarcha, the Lord Cook in his Institutes 3d. pt. and Mich. Dalton in his Justice of Peace, under those titles of Riots, Routs, Breach of the Pe●ce, and Unlawful Assemblies, etc. with many other Authorities do agree. ●…V. Lam●…rd, Eirin. 1. 2. p. 175, 176. 177. & Cook Inst. 3 pt. ch. I. f. 9. & ch. 79. f 176. Dal. tit. Riots, Routs. etc. Pray observe in case of a Rout; Suppose a Company of Rude Persons met to contrive some Mischief or Injury against the Persons, Goods or Possessons of their Neighbours, and moving forward with Clubs or any offensive Weapons, to ●…mit the Riot designed and those should be apprehended in their Motion, before the act be committed, and then Indicted for a Rout & Unlawful Assembly, etc. the Question is, Whether the Indictment framed against these, be not in the same manner and form, or mostly of the same kind, with these Indictments against us, for our Religious Meetings to Pray to God etc. what Book-Case or Precedent in Common Law or Equily can Parallel these, or warrant the la●… Now we can Appeal, 1st, To Almighty God, who knows our Hearts and secret Intentions, that our Religious Assemblies are with no such Injurious Intentions; And to the Consciences of our indifferent Neighbours and Spectators, that our Meetings have never given them occasion to think, that ever we intended and such Injury or Force, either by Motion, Action or Weapon, nor can any such thing be attested against us. And we doubt not but all unprejudiced Jurors, our Neighbours do understand that our Meetings are upon no such in urious account, but on a Religious account, for 〈…〉 towards Almighty God. And therefore how can it be just or reasonable any Ju 〈…〉 old be unposed upon, to find us Guilty, either of Routs, Riots, or Unlawful Assembles as before described, to bring Gild, Danger or Damnation upon their own Souls: Who as they are not to be Menaced into a Verdict, so not to be Fined nor Imprisoned for finding according to their Consciences, though it may seem not consistent with the Evidence or Direction of the Court, according to the Lord Vaugban's Reports in Bushel's Case, in the 〈…〉 Year of K. Charles 2. fol. 143, & 153. For (saith he) the Jury may know the Witnesses to be Stigmatised and Infamous, which may be unknown to the Parties, and consequenly to the Court. And further saith fol. 143. (in the same case) If the Judge from the Evidence shall by his own Judgement, first resolve upon any trial what the Facts is, and so knowing the Fact, shall then resolve what the Law is, and order the Jury Penalty to find accordingly; What either necessary or convenient use can be fancied of Jury, or to continue Trials by them at all? Thus far the Learned Judge Vanghan argues the case in behalf of the Jury, having not found Pen and Mead guilty of a Trespass, Unlawful Assembly, Rout and Tumult, etc. whereof they stood Indicted, not withstanding they were taken and indicted on occasion of such a Religious Meeting, as these for which we now suffer●… yet the Jury in Conscience could not find them Guilty of a Rout or Riot etc. Who being therefore Fined Forty Marks a Men, and Committed to Prison, the said Judge Vaughan vindicated the Jury, and opposed such proceeding against them; to which the rest of the Judges at Westminster, who were present at the Argument, agreed. Besides, that is a Remarkable Passage of K. Charles 1st in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where he saith in his Prayer (viz) Make them at length seriously to Consider, that nothing Violent or Injurious can be Religious. which may be considered and app●…ved several ways. 1st. our Assemblies being generally believed and known to he religious and peaceable on our parts, are therefore no Routs, Riots, or unlawful Assemblies, where in either violence or injury is Intended or acted. 2ly. If nothing Violent or injurious can be Religious; Then with what conscience can any Judge our Religious quiet Meeting, Rout●… or Riots. 3ly. How can the violence and injury then done to us, both against our said M●…gs against our Persons by close Confinment, and against our Estates by Spoil, be Rel●…ous or Christian? Nay are not such Severities rather Reproach to Christianity. Lastly whereas some of us, besides our Fines and imp 〈…〉 s, are sentenced to find Saretyes for the good behaviour, or else to be continued in 〈…〉 We entreat you to consider, in what cases Surety for the good behaviour, is to be granted, according to Common Law and Jastice. Pray Observe, It is chief to be granted against Common Barretours, common Quarrellers, Rioters, such as lie in wait to Rob, or shall be suspected for that cause, or shall assault or attempt to rob, or are generally feared or suspected to be robbers by the highway and against such as are like to commit Murder, homicide and other grievances etc. and against such as shall practise to Poison another, and against such as be of evil name and same, as for resorting to houses suspected to maintain Adultery or incontinency, and against the maintainers of houses commonly suspected for Bawdry, and against common whoremongers and common whores, and against nightwalkers, suspected to be pilferers etc. And against Eavesdroppers, and such Night walkers that cast men's Gates and Carts into Ponds etc. suspected persons who live idly, common haunters of Alehouses and Taverns, common Drunkards etc. such as go in the Message of Thiefs etc. As you may see at large in M. Daltons' Justice of Peace, under the Title, urety for the good behaviour, grounded on other Authorities. Now pray Consider these things between God and your own Consciences, seeing neither We nor our Assemblies are under any of these criminal circumstances, what parity can there be between these crimes, misbehaviours or enormities, and our Peaceable Meeting in Spirit and Truth, to pray worship and praise Almighty God that made us, according to our tender Consciences? which both the Holy Scriptures, & consequently the Liturgy of the Church of England require and Warrant without exception of Persons or places? And what Book-case or precedent in Common Law and Justice can be produced either to prove such Meettings Routs, or to Fine, Imprison, or require Sureties for the good Behaviour, for praying to God, or peaceably Worshipping him in our Religious Assemblies, according to our Faith and Persuasions, without any intention or overt-Act of Violence or Injury either to the Government, or to any person or property of another whatsoever. The Righteous Judge of all knows our Innocency in these matters. The premises Considered, We do in Christian humility entreat you, not to detain us under close Consinment to the impairing our health, endangering our Lives, and Ruining our Distressed Families. And we further Request you, not to Sentence any more of us to find Sureties for the Good behaviour (for our quietly Meeting to Worship God), and to discharge those of us, who are under the same Sentence. God preserve and direct you. From Newgate, and Woodstreet Compter, this 5th of the 10th Month, 1684. Your Suffering Friends and Wellwishers. ADVERTISEMENT. THis precedent Application was delivered to the Lord Mayor the 5. of the 10. mo. 1684. and also a Letter to the Recorder of the same import, the 6th ditto. To which may be added, that the Indictments against our Assemblies for being Riotous, Unlawful, with Force and Arms, etc. we conceiving to be in the same Terms as Indictments are framed against Persons assembled and moving forward in a Riotous manner, with Intention to commit some Riot or Unlawful Act with Force, to the injury or hurt of the Neighbours, their Persons or Possessions: Whenas our Assemblies are clear both from any such Injurious Intention, Motion or Action, as well as Armed Force, for we appear with no Weapons nor Force; and therefore do still question, how these can rationally hold parallel in Fact, or be equally punished in point of Justice, Common Law or Equity. And further, our Assembling being with Intention to Worship Almighty God in Spirit & Truth waiting on him & therein to pray to & praise him. This the Holy Scriptures Warrants & Requires, & consequently the Liturgy of the Church of England, by requiring the reading and practice of Holy Scripture; and expressly, Whereas on St. Mathias Day, Act. 1. is cited, where it's said, In those days Peter stoot up, etc. The number of the Names that were together, were about 120, and they continued with one accordin Prayer and Supplication, v. 14, And also on Good Friday, Epist. Hebr. 10. 24, 25. is cited in the Liturgy, viz. Let's consider one another, to provoke one another unto Love and good Works, not forsaking the Assemblies of ourselves together, as the manner of some is, but let's exhort one another, and that so much the more, because you see the day approaching. And John 4. (Liturgy, 2d Lesson to be read at Morning Prayer, in March 17. and July 16. viz. observe,) v. 21. Jesus saith unto her, Woman, believe me, the hour cometh when ye shall neither in this Mountain, nor yet at Jerusalens, Worship the Father, v. 2 3. But the hour cometh, and now is, when the true Worshippers shall worship the Father in Spirit and in Truth; for the Father seekith such to worship him. v. 24. God is a Spirit, and they that worship him, must worship in Spirit and in Truth. 1 Cor. 14. appointed for the 2d Lesson at Evening Prayer in May 31. and Sept. 29. in which are these Instances. V 14, But if all Prophecy, and there come in one that believeth not, or one Unlearned, he is Convinced of all, he is Judged of all. v. 25. And thus are the Secrets of Li● Heart made manifest, and so falling down on his Face, he will Worship God, and report that God is n you of a Truth, V 26. How is it then Brethren, when you come together, every one of yond hath a Psalm, hath a Doctrine, hath a Tongue, hath a Revelation, hath an Interpretation; let all things he done to Edifying. v. 29. Let the prophets speak, two or three, and let the other Judge. v. 30. If any thing be revealed to another that sits by, let the first hold his peace. v. 31. For ye may all Prophecy one by one, that all may Learn, and all may be Comforted. V 32. And the Spirits of the Prophets are subject to the Prophets. v 33. For God is not the Author of Confusion, but of Peace, at in all the Churches of the Saints; thus for the Liturgy. And this was good Order in the True Christian Church, etc. with many more Instances that might be produced to justify our Practice, and what we Profess or Pretend, both as to the Matter and Manner of Religious Exercise and Worship.