" .f g 'I “ / 1:! ”79/ . g ,8» '1‘ )-‘\‘r’ AB U S E S- , ‘ "v, . *FarczHe Ema, a “ . . . . . \‘ ? ' . ; Imphfwmmt mtbout‘ W and)”. ' f": f: Cbncernm g 81220:: , Rout: 472d ”Unlawful Aflémélicx. T be puélz'cé P6466, 4m! Breach of‘ it. ' % Opprq/fiazz 472d Dtmflé} Goal: é“ Goa/em, 8m, ‘ . , ‘7‘Iearl‘y CYiQEin the,Ab'ufe and Illegality done in #123? 31%: B21? $252029? 2%“ We“ soth by Statute SCICommonaLaw, Rea/0n '3}; and Jpprm’edfl'utborities. Q, M V22: Legiéw eff Inimim. ~ Cook. \ : v 4 37’. mien, Printed and Sold by Andrew Sowle, at’ the Crooke‘ «Billet in HollowaygLane in‘Shoreditcb, and at: his Shop witho t ' " ‘ 9 '- Iii’zflkggm ”142$; w, : m n. e: 1.2;: ‘55 #4,)“ r,: _ ‘ . . , v t... rglgg 5K . a}? v .A‘ 1 nggA B L E OF- THE . ‘ .Enfumg Treatife. I §. 1. F toe Riotom 4nd Forciole Entry, and Exec/i jive Spoil mole upon the People oo/l’ol walkers .in Briflol, and bow unworrmmlle and 6.9:er contrary- .to Lam, . page I, .2, 3, 4, 5. §. U. 0f 'tlJeir fr}? Ymprifoomeiz‘f: witlyoztt W arr/mt or Mtrimm, and bow unwa‘rrmtalle and contrary to Law and jig/lice, tlze] being zzeitlyer Riototi/l] met, ”or in Diflurozmce of the follicle Peace, p.§,6,7,8,9,1 0,1 1-. §- I I L Riot, Rout 422d Unlawful Allembly explaim ed by clz'ieéfju/iice Cook, Thomas Blunt, &c. Alfo, [Sedition] w/mt it i: .- Ami tire pmealle Religious Meetizzg: oft/16 People called ankers vindimted tlzere~ from, p. “I I, 12, 13, I4, 15. '5; IV. The publick Peace, and the Breach of it ex- plained, iii/covering that the faiol permeable Meting: are notjti/lly ckorgedlle tlyerewitlo, m the] wbofiarioq/b Mm, aflzmlt and old/e them, p. 15, to p, 21, A 2 §! V' 53/ 5193.3 -. w The TABLE. §.‘ .V. How Arbitrary and Illegal the late proteeaiitgt at Brifiol are, via forcing peaceable‘Nezglzloars to: Prifon,‘ Md Nailing up ~ Eiglgty 7? we» Women and Fourteett r 2.1%» together. in theiri, "'kting-Hqufi; clofia Prifoner: '- for fame Hoary, _, p, 21, to P’ 26. §é V 1. 0f- tlze‘ great Oppxeffion, Durefs, andzDefirua-ive ' Hardfbips, b] crowding grbat' "Nariib'err together in Goal : How contrary to Law ; 47261 ”18' daizgerow C onflgueme ,tliercof toGo'alers, Sherifl}, &C. concern-v ed ,‘ And what priviledge tlze Law allow: to Pri/‘oriers, -' p, 26, .27, 8x. - ADVERT! s E M-ENT; T + I ‘Mn,THat every Rtaris' a $565 of?!" mm, but every Breach of tin Peace 1: not itnftly a Riot, becaufc one or two Perfons by an Alfiult:Affi'ay or ad: of Violence“ Injury to another do break the Peace, but Three toaRiat. E. 'R' R’“A T_-'A.' J» PAgc 5. line :3.‘ for Volutat read Velma. Pag. 12...: in" the Margent, read Thoma Blunt’s. P33. 14.. line 20. for “WW“ rad “grind. Pig. 16.. linemanreadTloi: it'd Routo '. If any Faultsbc 111 Points, tho fence in reading mayam‘ead 2 A [:3 “M ~M‘—~Ma‘~-— -W~g.——.. -7- -._ . ..._. A Legal Examination mums 066 gain, 3 .cht'the Oficer: and mole Compton) have Rio- 'Bmflol. S. I.~ ‘ “4/11 f oiled and made lamentzzhle and cruel. The Céfc. ' havoc lfldfld upon two -Ho.rtfe5, which are xthe Properties and Freehold: of diver: Proprietary, zin- ‘Covering the Roof of one, and making the other uflhdhi- tdhle, heccinfe the. fnicl People me? in cart thereof; and .4 ’8’" fhézt withing forcihle E ntry, ,czncl eizing on the whole ‘ . ' rant/2:5, pretended/j" for the K, I N G, without on] due I ‘ Lby Law 7‘ Order or colour of Law ; h] which mean: ct poor W'ia’a'ozo, ”fie? great fioil and damage c. clone to. her, with a fecona’ I’Fhahitont, .. were hoth forced to depart and quit their PI!!- ‘ hitatton ; and; then, the Spoiler:- td’eiflg ,Paflzflbflr ”MC/7 ~ " of the Spoil afonfiid wn: committed h] the Rule flfnlti- hide, with Sledge: and dher Tool: onfe'venil Lord’s 'days, ”’6 onewhereof washChrifima'fS-day 14]} (f0 cal/661‘) . - .Qer], 'Whetherv' filCh' PrOccédings " be " Warrantable Q Ali/wen; No, they appearaexpre'fly Riorous and LC581 Ex- Arbitrary, :as all fuch Irregular and Ford—bis, Entries‘ammamfln are i 5" C3929. {'2 I . ' - are-,as th‘e fOII'owing Infiancies and Authorities clearly' evince, by the Statute 5 R.‘2...7.-.“N.one {hall enter into- “ Lands .or- Tenementsv by 330342,... on. pain of Impri-- “ ibnment, and R‘anfom at the King’s—plealhre; fee W'mgate s Aéridgment, undertheyTitle. Forcifle Efll‘fl- “ A’foztihlc flinttp is ‘a Violent and Aaualflntry “ into any Lands, HOUES, SIC; fee Shepherd: grand? Abridgment, Title Forciéle Entry; " . Again, by the Statutm of. 5' 812;qu .7. .18: 15 R; 2,. c. 2. St 8 H; 6. -.c. 9. “It is. "FI‘OVidfid; That none “ {hall enter into any Land, but whereEntry. is given. “them by Law ;. and ,then- in: a. mild;and\,peace- “ able manner: And that none. {hall enter .intolor “ hold Poffeffion of Land with a'fi‘rong hand, and. “ with Force, ibidS/n'ep, Jért'dg. Again, : under the Titles of mint, 330m and mmamtul mummy, “ This is (faith he) where three, or more, do meet. “to do an Unlawful A‘Et againfi the. Peace, to beat. “ down a Houle, Pale, .ortheglike, .&c. Moreover». fuch kind of Spoil 'and'Forcible Entries, as before“ mentioned, made upon any of the Properties, Te-- nements, Goods or Chattels of any of his Majefiies' Subjeé’ts, or Free-born Englilh Pe0ple, are. net only' regmgnant to common Law and Jufiice, and Ufage" . 0 England, butexpreflyprohibiged by M4 m Cbarm *,.- and man. penal Statutes in f0 e, and t erefore not i to be f ed nor connived at by Authority; fee the: Statute, 28 Elm. 3..cap.3. “ Noman of whatEftate: _ “ or Condition that he be, {hall beeput out of Land. “ or Tenement ;. nor taken, nor imprifoned, net “dd-inherited, nor put to Death, without being' “ brought in Aaner. by Daerqf‘of Law, agree—- “ able. . “"K, E 3]- able to Magm C1720“, Stat. 9. .H 3. cap. 29. In ‘fUch RiorOus Forcible Entries and Seizures by a Rude Multitude, to make Havock and Spoil of Houfes, Tenements of Goods, there’s not the leafi' colour of 32m Murcia, mic «Laurie or 22112 matching of 'ILam in the King’s Courts of Jufiice, but an exprefs Contradiction and Violation of Law and Juflice; for » hue rangers and Due-«atomic rot ILam in Courts of Jul’rice require due Conviction, lawful Judgment. of Peers or Equals, and matter of Record, to ground ' the King’s Writ of Seizure upon, before an Entry can belegally made uggn any’Tenement or Freehold, where it may jufily ' made. See alfo the Statute . s R. 2.‘ cap. 7.‘ where ’tis exprefly declared, “ That “ the King defendeth, that none from henceforth .« make any Entryinto any Lands and Tenements, , -“ but in cafe where Entry is given by the Law“,- and “ in fuch’ cafe, not with fi‘rong hand, nor with mul- “ titude of Pe0ple, but only in peaceable and eafie "“ manner. And if any man from henceforth do to. “ the Contrary, and thereof be duly convict, he {hall “ be punilhed by Im rifonment of his Body, &c. f‘Befides, fuch Forci‘ le Entries into Other mens “ Lands 0r Tenements, and putting the Polfeflors out The Cafe; :‘ of the fame, and,taking away their Goods and * Thofc ‘Chattels, are faid to be in manner of flattery * (as called Q44- the Words of the Statute are) 4 H. 4. c. 8. Whereby lam at Bri- “ fome have been in fuch manner put» out, and their fl 01 have in the itatc of their Cafe conplam’d . IZ-GOOdS-and Chattels priICd, that they have nothin i“ Wherewith'al to urfile for their Right; ._In fucfi .‘ cafe the Chancel or of England (upon complaint in thefe I. made to him) hath Power to grant a fp’ecial'Aflize wordswiz. B 3 “to of a.” ’ [4-] , ‘k. .. ‘_ {4; of Tksgrmt “I to ~tl1‘eLPa'1‘tY gl‘zel'Sd: ofwhatfoevervalue the Tag: gym-{my “moments be, Without {using to ItheKing.‘ Audi 3-; Spa/l male “itch Dgfleifij’r be . attainted of: Rich Di‘ilcgim, made “PM “‘- b)’ “in fuck forcible. mannec,1he-v.‘.i.ha'il.have one :yeaffa "1"" Q'c‘f‘ “ Imprifonment, aud’Lyicld-to the Patty grieved his," v «li’vc‘Dz/hif “double Damagcs, 8(C. fee the $tatutemlore atlargajl. .. jagcarrymg 1 H" ‘ C 9' ~— ,. _ . i A _ , .mmy our ‘1' ° ‘1' ' O'- ‘ ‘ . . _ . .M;rcb,mdize. and Haxflwld Goods, walflzmr Perfon: angle/2'1} co! Aid;— dfld '- ' My take defly.,y(d.m Prtflm : find their breaking 0pm Doors afldjl’jlgiegg’flnd . . rtflmg. Shops,.Ccllars,.Chclts, 6‘76. Tearing anglnnacgnt~"Man’I'C_Z-oat from f of his Back,_.and taking above Ten Pounds of Money out of his Pocket; , for Diflrcfi; and mafijhzmofldly underfclling the Goods, that the} commanlf Mk; double the chs, and/Emc-nme: more .' Tb)! barb-[76m the bygrmer: cou'rfe, again/r m. Suchcxcefli-Je Diltrcl‘s Hira’s Mrraur of; gflice' doth thus . fct forth, viz. “ As if one dihain me {o @utcagiuu i“, thatl cannot “ Manure. Plow m- ore my Land duly, in wlii.:'h;cal’e.it makcth one an ‘~' outragt’ous Dim-aim: to diil‘e'tze, Mir-Tm Dlfliizin c9“, Reédijfeizv‘n; cap. 2. 5,. 25. wmcn kind of cxccflive and outragious Dil’cramlng, is ,. cxprefly prohibited by Magma Charm, cap. 14.. “A Free—man {hall not be; “ amcrccd for afmall fault, but aftcr-thc manner. of the fault; and for: “ a giant fault according to the greatncfs of the fault, gating to him his “Qlontemmmt; and a Merchant likcwifc. Emma; to him his. “ Qattibmmfie. And the rcal'on given by chicf {ulticc Cook is,’ “ For“ “ Trade and l rmlick is his Livelihood, and the Life of the Common— “ Wealth, whereinthe King and every Sn’ojcé’c hathlnt’creit. thncc it follows, That they who defttoy Trade by ,thcir cxccflivc Dilh'eflls: .- and Spoilon the Subjccfts‘ Merchandizc, Goods, (in. do aftvagainlk‘ the. lntorefl: bothof King and People}. j " ' ' ‘ If. it fhould "be obieéi’ed 0r allodged’by thofé 05a ‘ ficcrs, and Others :of Briflol, who are charged with - fuch Force, Violence cami; Spoil againi’c = their N eigh~ hours, what they babe £9;ch {tom big gammy-ta put the )Lamg in mecutton agatuft Quantum. 8m. (35 form .of them Would excufi: themfelvcfls) . W at. What follows? Ergo they may. be 'Ifumultu0us, com- mit Riors and forcible Entries upon their Houfes and g Tenements, and withal, make Havock and Spoil upon. their Goods » and Chattels, and crowd their 5" Perfons up in N oifom Holes, to dePcroy them'at their Wills and Pleafuresx, force the Widdow' out of her Tenement and Dwelling- 'No fuph matter; fuch outragious Proceedings as be againfi all Law and Ju, flice, in going about thus Ille ally to defiroy- the King’s peaceableSUbjefls, an' Free-born Englilh‘ People, .are alfo againfi the King, and fcandalous to the Government, confidering the Maxim, V ol/mtm' i R egz’r, Valetta Lego}; ’tis notto be fuppofizd, that He in-~ tended to countenance that Which is apparently again'fl- v { éxPreIs Law ; witnefs the Statute, :0 Car. l. c. 20. , entituled, An 1467' for the regulating of the Privy C 01172- ? ti], and for Mid fig am] the C ourt commonly ’m/led the ! Star-Chamher, ,Viz. §. '5. “‘ Be it likewife declared and f‘enafied by Authority of this prefént Parliament, ’ “That ,Ineither-his Majefiy nor his Privy Council - “ have or ought to have an Jurifdié’tion, Power or ‘.‘ Authority, by'Englilh Bill: Petition, Articles, Li- _ ‘;‘. bills, ngianp 01ml: filth-“tat? may Whatfoever, to "’f examine or draw into quefiion, determine or-‘difi t“ pole .' of the Lands, 'Tenements, Hereditame‘nts, " Goodsor Chattels. of any of the SubjeEts of this King- l “dom; But,that the fame ought to betryed and deter- “mined in the ordinary Courts of Jufiice, and by the ' “Ordinary courfe of Law. , - l i * E53 1 I. i . §. II. The warmer of our firfl Imirifonment hath hem The Cafe, "fir-The mqflpztrt, h} heizzg .{ho‘th’ Men and III/omen) haled . ‘ and. . fiat» an] jnfli‘ce of Peace ; and afiermard convening W; [6] , andfiorced direfily frm oar peaceahle Meeting, to Brrdtv‘ well or Newgate, at the Arhitrar}: willy andpleafnre if 30911 Mgbt, Sheri/f, 301m guitar, and other 2396”" t Aflfl'antgthe Rude C ompan} attending them (and for fame ‘ Hours, fomett'mer Daye: and Night: detain to: in 6041},- ‘ without any'judz'cial Examination, I’Varrant or .Mt'ttz'mfi hefore one or more jaflite: for Commitment, and all t1”? under pretext- of a Breach of the publick‘ Peace, or of 4f .1 Riot: PVherea: he that ‘ feat-the: oar IIeart: know, #9,. had not the lea]? precedent Intent of hart ; math lefl his-125.. we committed an} afiztal Force or Violence to an} Perfofl l whatfoever, nor the leaf} octafion given on our parts, M 3 Emonm. The Meeting: for which we are thrill. Op reffed heizg in no other peg/fare - than ‘mhat hath heefl ‘ [0 er and peaceah/e. ' ' I . . t 3 ‘ Q. Whether fuch kind of Imprif'onment‘bewara ‘ rantable by wagna beatta, the Law of the Landg i or common court]: of Juflice, though'.afterward thCYf b6 committed by Warrant ? - w The Legal Anfnr. No, exprefly contrary; fee (fie following 011. See Dalton “ “ The Liberty of a man is a thing efpecially ffj under the Examinati- Inflances and Authorities of the Lord ciliéf’JuIticé- Coo/e, NI. Dalton, and Others in the cafe. 1 ‘ voured by the common Law of this Land ; and Title Arrefl' “therefore if any of the King’s Subjefls {hall Impri‘f’ and Impri- '. [autumn Cook 9. 56.“ and {hall recover Dam fon another without fufliCient Warrant of Him or} “ "1118 Law, the Party grieved may have his Aétioflig . ages againii the other, allJ “ the King alfo ihall have a Fine of him. By the Statute of .Magm Charm , * made 9. H 3 char- -- - - l" 7 J f‘hape‘o.‘ “No Free-man lhall be talrenor imprifoned, 'u fire but by the lawful judgment of his Equals, 8m. by'the Verdict of a Jury of good and lawful Men, f‘ 0r by the Law of the Realm. - . 4 ‘ '« And by this Statute of Magoo Charm, “Every -‘ Arrelt or Imprifonment , and. every Oppreflion ‘oagainfi the Law of the Land isforbidden‘; and if ‘ .“ any Judge, Officer, or other Perfon, againfi the '“ Law {hall ufurp any Jurifdiétion, and by colour V“ thereof {hall Arrel’t, Imprifon or Opprefs any man, “ it is punilhable by the Statute; fee C oak 10,74,57 s. . “ Alfo, the Body of a man {hall not be Arrefied “.Qrtakenfor any Debt, Trefpafs, or the like, but by ‘f procef's awarded out of fome Court of Record; fee ’ _“ P. Arm/moo (. 42. AK 3. or by Warrant granted . ‘_‘ by fome Judge of Record. ‘ “ Neither {hall any man commit another to P-rifon, r “except he be a Judge of-Record, Cook 1,0, 2.0:. - ‘ “ Jul’tices of Peace be Judges of Record .5 vide Daft. . under the Title affirm of the Peace, 2 a And yet for Mildemeanours done againfi the ; 7‘ King’s Peace, the Offendors may by the common 5‘ law be Arrefied and Imprifoned by the Officers of C00)! 3.12. ‘f Juftice, and . fometimes by , private Perfons , as 3- ”thereunder followeth : Every rivate man may ‘Arrefi anorher he knoweth to ave committed a 10134.17. “135111121213, fltaanflaughm, 0r Dim fiction» and '1 ‘5. may deliver him to the Conl’table of - tbe Town .2 “Wherefuch an Ofiendor isa rehended. ‘ . . l ' Obferve, That ' where 0 Gets of the Peace , 0.1: ‘Pl'ivate Perfons are 'impowered t0 A‘rref’c and 1m»: e‘ Pfifon Offenders bygthe common Law, without Writ l! i 01'. or Warrant under hand and feal of a Jufiice, it 15 for 1‘ fome Notorious Fact done againf’t the. King’s Peacer. as a Violation thereof, as by Roééery, film/latrg/Ifefi or Other Fella”)! : ‘The Sherifl‘, Bailifié, Confialzlcsi, ‘and Other the Kings Officers may arrefl and-imprlfo‘l . ‘()Eendors in all fuch cafes where a private Perlon may], ‘without Writ or Warrant, Dali. ibialfindm’fl, 1”" . prifonmeizt. Whence it follows, that for either Ofi ficers or private Perfons to arrel’t _or imprifon any 0 l the King’s Subjects without Writ or. fuch lawful Will-'7' rant , where no fuch Oflrence or Mifdemeanour5 againlt the King’s Peace can be proved a ainlt‘thc party Arrel’ted, nor any thing done that is ‘Ma/M’ in fee : Such Arrelt and Imprilonment is an O prpf‘ {ion againfi the Law of the Land; ’tis an u ur'p'fi‘i Jurifdiatiou , contrary to Magma? Charm , to» thc common courfe of Jultice, and Law of the Land: and punilhable. And'even by the ConventicleAét 1" felf, 22 Car. 2. where any Perfons are to be takl‘in into .Cultody (for the Reafons therein mL/ntioned) either by the Sherifl', Conl’tables. or HeadiBurr‘oughs! é‘c. they are. not authorized foto do WithOUt 1193134E taut or Certzfmte, under the fidflh and $631 of 3:} juflice of Peace or chief Mag’iflrate, and that to ”1‘?" Intent ti) may be proceeded again/f according to the fdm“ Ac? ; w ich intends not their Commitment to G031, ‘ for their Religious Exercife, but to fine them upon Convi&ion,as therein exprel’r. And tothe faid preteXF of Breakin the “Hick Peace?é'c. though it be grante‘dvl that the S eri may take Pojfla Cqmitaml: to apprehend l' futons , atoms , mautbzts or the tilting”! 19mm, Perfons that make fogttble @ntvies 'irfitfl «Ct 61' ' w other mens Pofleflions, 81c... T hefe cafes do not con; cern any peaceable Religious Exercrfe, but are of another nature. As for Inl’tance by the late Com/entitle .. AW, 22 Car. 2.‘ j'fthc 33811th befides the Family, are prohibited meeting under fuch colour of Religious Exercife; but four Perfons befides the Family are not forbidden, the Family and four Perfons more may meet ; - therefore ’tis n0t Riorous in Faé’c, nor a Violation of the King’s Peace; for if but Three . meet'in dilturbance of the King’s Peace, it is a Riot '; and it cannot rationally be fuppofiad, that the Law- vMakers, in permitting Fear to meet, befides theFa- mily, could thereby either intend or permit Riot}, or . the Breath of the [(jhg’: Peace.- . If it be obieéted , That every Ojfihce again]? the Objctt. Law of the Laha’ it a Breach of the pahlt'ch Peace, or a Violation of the King’s Peace. But the (lgakers Mee- ting: are agaihfl the Law, Ergo the] are a Breach of the King’s Peace. , -' , :f‘We-muf’t deny the major or firfi Propofition of . this Argument. There are divers Offences againlt Law, w hich are of another fpecies or kind than Riots, , or the breach of the publick Peace, otherwifi: Writs, ,’ “Sf“ of Treafwz, Fella/yer hreach. 0f the Peace: Where- . < C . Procelfes and Warrants might be ferved on the Lord’s. Day in all other cafes, wherein Perfons are Arreltable, belides thofe of Treafon, Fallon] or hreach of the Peace ; .and then, What needed any fuch exception to be made by A8: of Parliament? as in that 0f’29 Car. 2. For the hetter Ohferruatz'm of the-"Lord? d293, Where ’tis ‘ exprefly Paid, That no W'rt't, Procefl’, W arraht, Ora’er, fidgment or Decree [ha/l he ferved on that clay, Except in by E to j . by ’tis plainly implyed, That there are cafés‘ wherein Writs, Proceffes, Warrants, é’c. are to be ferved on Other days, but not on the Lords-day, which are not the Cafes of 'I‘reafon, Fellony or breach of the Peace ; - ‘and therefore that thofe particular Caiés and Crimes ' of Treafon, Fellony, and Breach of the Peace, d0, nOt include all Offences againlt Law. For any to' expound or extend the words of the Paid A€t thus, Viz. That 710 W arrant [ha/1’ he [creed or executed on the - Lord’s-day, except in fitch cafe: where fame Oflerzce it alone again/1' Law; this were .to fuppole they might on other dayes férve and execute Writs, Procelfes, ' Warrants, Sec. (and fo daily trohble their ' Neigh—g hours) for no Ogence‘againfi Law ; which were an abfurd Inferrence, the {aid A8: exprefly prohibi—. ting the ferving or executing Procefs , Warrant, Order, Judgment or Decree onthe Lords-day, for all Matters or ()fiences, except in cafis of Treafon, Eel-7 lony or Breach of the Peace. . . N ow in the cafe of Breath of the Peace, there mufl? be a real and a&ual Breach or Violation of the pub. lick Peace, as well as of Treafon or Fellony, Other-v. wife the Arrefi is againfi the Statute before quored,. as where there are Riott, Rout: or Unlawful Affemr “ hlz'e: againfi the Peace, .the Juf’rices of Peace“ “ or two of them at leafl', together with the the V “ Sheriff or under-Sheriff, may by the Power of thc “ County fupprefs them, Arrefi the Offenders, and 7 “ record Ebat which the} have found f0 done agairzfi ~ l the Law, and that by the Record of the fame} “ jultices, 8w. fuch Trefpalfors or Offendors {hould be 9 “ conviéted in manner and form asis contained in the ' “ Statute A A . . . l: I r j . _ “Statute of Forciole Entry, I; R.‘ 2. ~ C. 7. 8: 15 R. 2, "“C-2.&13H.7.4.7. ' ‘ Note, There mult be matter ‘-“of ‘ Faétfound done, - that is of a Riotous Nature, in dil’curbance of the pub- lick Peace, and fo to be recorded; other‘wife, if a Jufiice, Sherifl, or other Officers, lhould {Eze a Com- - pany of Perfons met peaceably together, and neither faying nor doing the leaf): Evil, perhapsdoing no- thing, but fitting or- Handing together in filence; What Record 0r Conviétiou can they make hereof ? What did they flee done? If. they record nothing but Truth, it mufi be, T/mt the} beard them ”otflz], tear ‘ flaw/Jew do any thing; and therefore noVioIence, Force or Injury to any Perlon : "Where is then the Rz'ot or i .‘Bréoob of the - poolz'tk Peace? Seeing that Allemblies ‘ for r divert Efforts are excufed in Law, as being ‘ ufilally n0t with any intent to olfer or do Violence =‘. or Hurt to thePerfon, :Poffeffions or Goods of any "Other; neither are they (faith Dalton) Mom iofe; " they are (faith‘he) in themfelves neither Evil nor ‘ Unlawful ; Dolt. Tit. Riots. . (@604; 'How then can the Profecutors prove a - .fi/Ialom in [6 in 'peaceable “Religious Meetings? To “‘be fure, if nothingbe laid or done in them that is {Madam in fe, or Evil in it felf, then no breach of the ,ipublick Peace, (to.- . , §. I I I. miotum cometh of the‘Frem/J word-Rioter, Coffkpamr' ii' Rixorz', and in the Law fignifieth, W 17672 ‘t/yree or more Inlhtu. cap. , do 4’27 “”ldwfi‘l A52 33 to beat any man, or heat in In? £2;th gm”) : “Pork, C bafla or W arretz, or to enter or take Po ff eflz'otz off”, 22%;? Mot/yer mom Lzmolpr tow: or ole/fro] In? C am or Grofl’, or 01“. 5; Form, 3 filter Profit, é‘o. C 3 ‘ Roam e‘o, " C I! 3 . ‘Lfl’i’fiéTm’f Mira is derived of the Fran-:5 word Ro.z?,"an<1 .54.. Come! properly in Law fignifieth, W/YBIZ three, or more, d9 iii/”id“ an] ,mmfzz/ z fifor their own or #93 common figzrrel,d”i' [@ng 4 as when C ammoner; break dam H *dges or Paley, or mi? Tuyob.1fidg m, a’ozwz Ditclysrrorlm’méz'mm: for 4 Hit}! cltzim’d .5} them, 01‘ mm fill/ifmr— the likC. ' I A . C 1” RWPf't- An Millammlkalflemhly is "when three or more af‘ ermb; mil. {emble fgf'lila7l ; and do it not. 'Prxdone: are”; 729172231102»; ”fame '4 vide Alw— Mimemm flptem wmmm demde (qzzoafqzre Newer»: 35 red) c. 26. C oalaerit) -.Tzrrmam (éizxoniceHlOth) dicimm Numeral! ‘ A [icxcreverit exercitam 72054272214: erdmzes, (fir. N OW ' {WW Wed/fire name them Roééer: ,_ to the Namberof {637.611 CCCCCCC’: {if}; Men ;. then (until the Nurnber of thirty five joy.“ mlmliiei‘ of» together) 'we call‘it a Troop .(m Saxon Pilot/7:) If the 13m. Number encreafe, we call it an Army, HZotb égm, to be quit of Unlawful Allemblies. ' 0J6 may commit a Force; but of this, that I may ‘not unprofita'bly repeat, you may read at large Fitz' Herbert, and thofe Others that have written of this Argument, ‘ Izztercfl :Rrgi baéere flrédig‘or pewter, 722‘ Legitéw {/f Izzz‘mz’m; It is the Kings Interelt to have his Subieé’és pacified; Violence is an Enemy to the Law-s; EC, .1212. 5. folgr, 8t: 15. 14/7. 11... fol. 82. fee the Brit part of the Ira/firmer, 8661‘. 4.; I , 44,0. C 11122 516 [Worm cap. 323' fol. 66, 67. 3313‘: (Fr. Riolte gno'd 22022 film; Rixammrfj’trgi/M’ 77),. 3/,,,,,’sflgmfmt fed vinmlm‘etiam gee plant in ism/am ‘ ézfcirfllaé mm ~er xii: 7.1m ‘iig/Ear' Colt'z'gantw ; (Rialor Reef, which lignifiés or 1“”“0” net only *Bmwlz'ng or Chafing, but a ngoeall‘o, Or TI?" 6145/: my, ‘ .xthereby 10ft: are gathered into (lire, after the man'v' la themfelves together to commit a Riot or Roam i l I l l I l I I i I E l . I -nci‘ .__-I I. .— A w,“— __- . ’ H,————7—.‘ "”"" ' ' ‘J ' \ {. L lfignifies, An Allembly 0f three P ér {0115 going erCibly ' ‘ ‘ ~-C 13 J ' "net of Bundles.) iliiot fignifies,. T to .' orcz'ole doing.” unlawful Aft, a] T/yree or ,, more Per om oflhmoled to. Kalle?“ forth” porpoe, Well. part2. .Symb. Tit. 122-. _ digmmm, Se&. 65. The differences and agreements between a Riot, Root and vol/awful Ajfemoly, {he in Loméert Eireiz, lib. 2. cap. 5.. Stat. the Ill of Mary, \Cap. 12. and {Gabi}; fol. I, . who gives thele EX,- ' amples of Riot: ,° ,The breach of Enclofures, Banks, Cundits, Parks, Pounds, Houlés, Barnes, the horn- fling of {lacks ofCorn, 0%.. Lamb. uoifitpm. mentions thele, To beat a Man, to enter upon a Pollellion "forcibly; fée Root and Unlawful Affiemolj; lée allo 'ln Compl. juflz’ce of Peace, divers cafes ofRz'otJ, Amzo _17 Rio. 2. cap. 8. and 13 Hon. 4. cap. 7. 'iiicnt,.~“Fr. ill-Mitt, i. A Coo/pom or Armor, which :0 commit an unlawful A6}, though they do it not ; and this is the lame which the German: yet call 13M, meaning, A Band or great Company of men gag 'thei'ed together, and going to execute, or are execu+ ‘tmg indeed any Riot or "On/4222191! Act; fee the Statute _ ‘18 Eo’w. 3. Stat. :. 86 2 R. 2. cap-6. :It is a Roz/t .WVhether they put their. purpoie in execution or no, 1‘ if they go, ride or move forward afier’ their Meeting; ‘BVC’OIQ'C Tit. "Riot 35. So as a 13:31“ {Eems to be a {pedal kind of unlawful Allembly; and afiiat, the 'ClilOrelerly {aft committed gene: ally by unlawful All lembly. .Hou’beit, two things are .ccmmon both to float, Rz'ot and vii/121319;! A]? 772.42% the .0116, TI“: [5,“ x'Pt‘r om at [co/2" o2 gathered togetlflr ; the other ; 77th fig? oft/2g together, do dfflm’othe Peace, tit/2W 5;, [/Vora’y,’ -' '3” 0f Army, Taro/116222“ Ge flare or 4457.11! .Vz'ol; me $257: k», lCeLomé. Eire”, lit-'7. 2.1.119. 5. U11 _ x -‘ [I4] . - runlamfnl alfiem’blp (Illicita C oragregatz'o) ‘ IS the ¢ meeting of T lime, or more Perfons together, with ‘ force, to commit fome unlawful Act, and abiding .. ‘together, though not endeavouring the execution 9 " ‘ it, as to aiTault or beat any Perfon, to enter into his ‘ Houfe or Land, &c. W (fl. part 2. Syméol. Tit. Iaa’ia‘f- merzz‘s, 866?. 65. Lama. in his—Eire”, 125. 1. cap. 19. ' By‘ the Statute 16 Car. 2. rapier. 8( 22 (3'13 ' )7; ca . 1. ‘ If five Perfons or more, {hall be affembied together, ' ‘ above thofe of the Family, at any Conventicle 01' ‘ Meeting, under colour of any Exercz‘fe of Relzgz'oflg ‘it is unlawful and punifhable by Fines, and orher-~ .‘ wife, as in the {aid Statute is exprelled. ', Obfisr'ye ; But this colour of Religious Exercife 1? . no RiOt or breach of the publick Peace (much 1655. ’ being uietly met in filence) nor of that nature or kind ; or then four Perfons above thofe of the Family would not be {ufl‘ered to meet, as they are allowed by 1 both thefe Statutes noted (the firf’t whereof, z'. e. “ 16 Car. 2. is exPreITeg) feeing that but three or more. rfOns met together with force to commit fome un- awful Act, &0. is Illicita Coagregatia, or fuch unlan . ful Allembly as tends to a Riot or Breach of tbepaélirk Peace, where ’tis attended with fuch previous Intenw tion, with force to commit an unlawful Act, as to affaalt, beat, or make forcible Entry into other? Pojfef; ‘ fiom, é’c. the molt eminent Commentators on the .1 Law do all concur in this point,Which occafions thOfC' Reitterations on the Everal Authors ; and be fure, 1 there could be no precedent intent (in the Meeters) 0f. l the Sherifl‘s or Confiables proclamation to depart. '. There is no more Confil’tency biztween punifhing ; peaceablc 4 [1"? 3 . Peaceable Meetings, both for a Riot and for a Reagan,» fixercrfi, than-it can be truth to fay, they were Fngr~ mg, or in a 1101“ Fray, whilll on their [(22861 1'” P 7478? 1‘0 God, or quietly meditating infilerzce in I»: Law in their * early. - - And if fuch Meetings be charged with guanition, Or as being a Senitious ctonhcnticle, and therefore ~ Proclamation mighttbe made to difperfe it. That’s as Improbable (or as far from proof) as a quiet filent _ Meeting is from a Violation of the King’s, Peace, Where no overt . Act of Religious Exercife (or pre- tence thereof) is to prove it f0 much as a Conventicle. For, Firfz‘, What are genitious dtonhenticieg, but :fuch wherein Strife and Rebellion againf’t the Govern- ment is fown,tending to Infurrefiion, éw? Second! , What is fiehition, but a fiirring 11 Subjects to Re- bEllion and Difcord, aRaifing Fa, ion or Mutiny againfi the Government? (as Phi/lip: in his New World of Words, and Others, explain it) which,- to be fure, there can be no Proof of againfi peaceable Religious Meetings, whether held under Religious Xercife of Freda/ring, Praying-($7. or in Silence. l‘ \§. I V. Upon enquiry into the fence of weave, as The Law intends it, and the approved Writers explain 1?, ’twill eafily ap ear, whether or no the faid Mee- t1figs can legally be adjudged a 233956.“) of the publish age or minibus (whether they be either peace- Elbly met in Silence, or under fome overt AB: of Reli- "11.0113 Exercife) or thofe Perfons Riotom Breakery of t“: Peace, who furioufly difturb, allault and abufe For , u p . I Atréj . ,. .- i For a clear and evident folution of the Point“, 0b” . "ferve E.L’s Pbilological C ommentzzr} and Col/657w”, in‘hfi l Lambert’s Inflice of. Peace. Dalton. C ookon Lit. L3. §. so. oomleuxt. Other Authors fay. “ That mot is Where Three, Illufiration of the word 193MB: \ p l “‘ The Law of the Land. (faith he) _\uEth the word’ “ $98868 dive'rlly ; {bmetimes its taken for Protefiw” "‘ or Defence ; f0 Brafiim calleth the. Writs of PT}? i ““ teé’tion, Brevia ale Pace .- Sometimes it-is taken for “ Rights. Pti'b'ileaziger'hnd Lz'éertz‘es ;. {Ometimes rogan “ Aéfliizem'e flow Injuries, Force and V z'oleme, [531w . “ commonly taken. Alenming beginneth the heat/f “ of the Pexce, xii/faulting encrealem it, ”and Better] “ accom lifheth' it. - . .. The ame Author Illufira‘tes the words R01”, R20!- ' and 2222242121912 Ajfemb'ly thus, viz. , . , "‘ flour is fo called, beCaufe they do move and “ proceed in Routs and Numbers. The diflerence “ betwixt an unlawful xiitemhlp, mum and mat “is this: When three or more meet to do an Um" "‘ lawful Aet, this is an mnlamful mflembi-p 2' \Vllfifl “ they move (being. I’VPdPOIi’d) from the place 0 “ their meeting, towards the place where they put? * “ pofe to do an unlawful Aét (though. they do It‘ “ not) this a flout, from the Freya/7 word, Roxie) 1 ‘ - .5-“- “i. e. Turma. When with unlawful Weapons, theY~ “ do an unlawful A6}, this is a miOt. An ”07214 2ft! “ 40Em61y may well be called an Introduc'h'on ; A Rautr “ a Profecution ; and 21 Riot, an Execution. , . “ amt (faith he) is where three (at leafl) Of] “ more, do ”fome unlawful A61: It comes from the “ Hem/I WOrd mutter, i. e. Ripati, Scold or 82121221. “or more Perfons be diforderly allembled, to commit 1' f‘ w 1th . l I7 1 ' , _ I "“ withforce any unlaw Aé’r, and do =.accordi-ngly .See Ddlr. “I'execute orattempt the fame, Lomé. 176- Coo. 6 r. a..Tlt~. Riotx, Nu. 2. D412: 221, g . - fi‘f’czé’efin- “ Three or more enter into Land with Force, . 6m ‘ m ’- 0“ "‘ where their Entry is lawful, it is a Riot, Dot/t. 226. 00.64. Nil-49g .- ‘.. , , . . “.Memo'z'zzgr, Aflozer, Aflimltr, Izzy/roe: and-V1018”: Com leuI‘c. “ .Hma’lmgr, and Entreotz’ogy, [Batter] and Molioz'ooor p‘Vi/‘l. {h H Strikiizgi, jlmpgifonmsznt mttnotittloattant ,- To C 32:31“; “Mm/Z one into the Water to eoo’mger 112m ; To Rowf/J' ed a'breach _ “41470222472, To commit Fol/on] or Trad/012 ; Dalt. 18:. ofthePeace. v‘amb.12... w» ." ’ _ “An ‘ZZIzldrvful flfimol] is of the Company OFT/1766 Comleufly. i“ or more Perfons diforderly coming "together , P 349. 9‘“ forcibly to commit an unlawful Aé‘c, aa to Beat 4 “MM, or £2th upon oi: Pojfcjflion, orthe like; Law. 1 1.75.. Bolt. 2 21‘ P. R 25'. Cro.§r._a: Nu. 3‘: . “ Firfl, .An @1214:wa A/femogy, it 13.0.1113! to meet “to fuch a purpofe, though they wrllmglydegart' "5 without doing any thing: Second! ,. After meeting, ‘ "‘ to move forward toward the execunng of fuch Aé’t, 2‘“ Whether it be done .or no, , is a Root .- Thrall], "‘F To exchte fuch a thing is, .a Riot, Dali. £47725. I75, I 6, Cm. 61.. any. ». ‘ - ’ ‘ 7“ In an "Unlawfltlg xii/[377251], Rout or. Riot, twpfbnml T [t “things are common, and mufi concur: Rafi, That 5,4,. 1 '- u ‘ i,‘ Three Performs at leafibe gathered together: 247}, i‘That their being together breed {01116 apparent flzaiftmbance of the Peace, either by Speech, fl‘lew , ofArmour, turbulent Gefiurepr acrtual and eppgefs “ Molemeno that either the peacea ble fort of men be k . - - .unquieted and feared lg the faé’t, or the lighter; for; a . . ' an . l i \ i [1371] - , . “ and Bufiebedies be emblod‘ened by"- th‘e - Ekamoi’e, Law. '76“, 17H, Lit: 32009, cafe .519. fiefi'Etjz’Wf gmfld fiéridg‘ment on the fame. ' Note; ;- Seeing that ’t'is- plain; ‘ That three or more? Perfons Coming together, Forcibly to—commit an- un— - lawful Afl, to the injury of others (though: they do- it nor) is an Unlmfll' Affembm- and their executing a fuck a thing,is a Branch oftk’e P‘éztaeand Riot“, fee how _ fingcc in the fenceof- Law is explained, twlz. Comp}.1eu{‘t. “That Which is properly fem, is either Mimi pm;- “- Forti or Multitudine :‘ flamm- fmti~ is Violence: “ oi’fered to the Perfon of another by Deed or Word, “ Dalt. 199. By deed or aetual Vioience, or to be.- . “ furnifhed withofl’enfive Weapons, net ufi'rally born, . ‘ Dalt' under“ {bidi waltitflmm, Where there-be two or- three Pi- the'i‘itle “ma C pany, or more, to make a Rm, or'tOdO‘ Riat:,F0rci- “ a Force, Dali. A Trefpafi made Marm- Forn' or' bi: Em], “ mm Mdtimdine, though it be but to cut or take 6%. > “ away’another man’s Com, Grafs, .or Goods, or (CH “ orerOp Wood, or to do any other Trefpafs, (3'6. “‘ {cemeth Forcible Entry, punifhable by: the Statutes, ' “ Lamb. I43. .oDdlt. zoo. And the Indiament here- 2.}! “ upon mufi be good, both in matter and form, the '1 “ words mama Fom' or cum Multg’tudine are neceffa'rY; i Dalt. ' , What fhall be faidto be a’Riot, Rout or “Unlamfitl Affembl}, within the meaning of thefe Statutes} 13 H. 4. 7. and cap. .9, 7. 2. H15, 8. and :9 v, 7. 13. , . p . “ When three Perfons or- rnore {hall come-or a1: “-' femble themfelves together, to the In‘tezztto do any “- unlawful A& with Force or Violence againfl . the' ' ’f‘l’erfona O p r ‘\ <‘W4w .g .g 44 .gr‘ 4’ , E193 - ‘1“ Perfon-~ofanother,xhis Poflefibrt: {[4} or-.Goot£r, as to . "[4]; Such \ ’“ [(227, Beat, or otherwifi: to Hort [a] or to him/oz; like Ufage -: . “ 4' ~Mm, to full am a Hotfe me, Pale; hedge or “g". ' the d a Ditch wrottgfit/ly, to enter upon another man’s Pojflef- Slew“ an .H _ . _ 1 , v/ _ elr Met» flamor mom: or take away C om, Gngfl'fl 0042’ or other tin g- Room "‘ Goods wrongfully, or to Heat unlawfully m any and thepoor, “‘ Part or ‘VVarrezo, or to doany Other unlawfulAét Widdows i“ (with Force or Violeme) againll the Peace, 01‘ tOH‘oufe and “the manifef’c Terror of the .PCOple ;. if . they only "lenement ‘-“ meet to fuch a purpofe or intent (although they met ’Wl‘thal a. a . , , - at B/zflol, ' fllall after depart of their own accord, VVlL‘hOUt (thofe that a . - . - - . _ . . ‘ .domg any thing) yet this IS an ”1)”!on ”1 Aflemée’y ’have feen Vlde Daft. under the Title Riots. the ufage in . A, . “ F46}, may calily judge Whether ’t-was not .Kz’otom.) Their Complaint‘is alfo Off/’18 £70]? Abufiand Vzolmce done to them at their Metings, a: byBeatiflg, Fuji:- "73: Pulling and-Tearing W omem C lotion, Scarf}, Hoodt, (re. flmmcfulltz- ‘C‘t'w‘li‘tierujed toward: them; and/om: of them Pinched tit-their flnm, thrown 491m imbe Street, hurt and brat/Zed. ‘4 If after the Ed”: Meeting, they {hall ride, go or “ move forward towards the execution of any fuch “ ‘Aét (whether they put their intended \purpolein “execution Or n0t) this isa R-ottt. ~ " U] A “ And if they do execute any fuch thing indeed, they di d O: “[5] then it is a Riot- . . fevcral h0u_ “ Now in Riots, Root: and “(Jo/4123f”! 4/fimélz'e; Yes in Bri/tol, 3 “ thefe four Circumfiances are to be confidered : breaking “ Firflt, 'lee Noméer'of t/te Petfimo 677251661. Clown 5: de- “ Secondly, T/oe Intent died Pttrpo e of their .Zl/Iee- f30135; the a ting. ' nr-hdes, r“ 251‘ l1irdlY, T/ye Lafittlitefi or volanfit/fléffl‘ 0f the IVE/422600;: , ’ . ‘ . (to. D 2 ' "“ .Fourthly, -, \ 221033;. . “‘Fourtlily, 77,3 Manner-M Crrc-umf’tance of do;- i “' bag it. ' Affemblies lawful. “ Fer the Numoer, there 'mufi neceffar~ily be, three “ Perions at the leafi fo gathered together, or cite it “ can be no Riot, Root or. Unlawful: Ajfizwoy Within» “‘ the meaning ofthele Statutes.. ' ' ’ _'By the Statute of 1 M 12. and t Eliz'. IE. “ If “ twelve .perfons or more affembled: together, with “intention topr'aétif’e or, put inule withForce-and: “ Arms unlawfully, and: of their own: Authority to: “ change any’Laws, 8m. in-force, refufing to depart, “ or continuing together by the fine of one hour ofier “ Proclamation madeby the Sheriff or jrifl'ioe, (~57. it “ was adjudged Fellony in them all.———-But thele two: “ lafl Statutes Prand’ now- diféontinued ' ;: ' D411“. under. the Title Riots, ibid.’ ‘ ' “ But an Affembl ofan' Hundred Perfons, or“ “ more (yea, though,- they be in Armour) yet if it “ be not in itercomn 193mm, and were. afl'embled , ‘* without any intent to break the Peace, it is not “‘ prohibited by any of theft: Statutes, nor unlawful. “ FOr the Blatant. It feemeth, it can be'no Riot, “ 8x. except there be an Intent preCedent, to ,do “ Fame unlawful a&, and with Violence’or Force; Da/t. iéioz'. , ' . ' “ Alfo, where there be three or‘ more, gathered “ together to execute the Jul’rice of the Law, or for “ the exercife of Valour' and tryal of Afiivity: 01‘ i “ for the encreale of almitp and jfiieigbbuutlp , “ fititilhflhp (and not being'inet with an’Intent'to “break or diliurb the Peace, or to ofler' Violence or “ Hurt to the perfon of any”) fuch Affemblies be not. ' “ prohibited: ~ a [21] ; ‘.‘ prohibited by any Of thefe Statutes, "nor unlawful; l fife Dali. z'oz'd. under the Title Riotr, p. 142. ' “ Every man in peaceable manner may alfernble, 5 meet Company; and may come to do; any lawfial 7‘ thing, or to remove or call down any common ‘anans. Dan. and. . » T0 C onolaale t/oz'r pointfor t/Je Manner &' C ironnzflanoer. ' ‘ “ As there mull neceflarily be three Perfons at the l “1621?: aflbmbled together, to make a Riot, é’o. f0, ~-, ‘1‘ their being together, and their demeanour mull be . "fuch as {hall or may breed fonze apparent ,Dz'flnroanoe l “ of fire Peace, either by aneatnz'ng kYPeeo/oes, anénlent é “ Gcflnre, flew of Armour, or 457,“! Force 'or ”.0 16,256,, a i 'u (to the Terror and fearing of the peaceabler fort of ' i “ Pe0ple,or to the emboldening and fiirring up of fuchf . l ‘ as are bufie-headed, and of Evil difpofition by fuch Dalr.Title. : ‘ P457) or elle it canbe no Riot, 8m. .Dalt. z'éz'd. p.195. Riot:- ‘Jfbep. gr. Aoria’g. Tit. Riot, Roar, ’Unlanfial, Affeznfly, '04”. - § §. V. Further, to fliew the unwarrantable pro- f‘leeding of thofe Officers and Perfons at Bra/fol, who 1 0Ice their peaceable Neighbours to Prifon, at their lArbitrary Wills and Plealirres, without Warrant or ' rocefé under Hand and Seal of a Jufiice, or (0 much ‘ as convening beforea Juflice, as alfo Their Nailing a}? Eig/ot} [even "7 omen and Fourteen Men together in their Meeting-Iionfi, anal t/aeir detaining t/mn olofi Pro/0,26,»; far may boar: together, (70. let the following Infiances ; be obferved. “ The . . [22]- .. Arr , gee D “hm. . “'The‘ Jufii’ces of Race cannot command by word . I'Varmnts, “ to Arrefi another, "being out of their pretence ;' . 1419-7, 8- “ neither may one-in the abiénce of» the lattice Arrefi 371940637- “ anotherluponhis command :by Pam], but it mufi‘bé- “bya Pmefliior ‘Warrm in writing, by the greater "‘ Opinion of the Jufiices. . _ “ Now their Warrant or Precept by Writing ought “to be‘under Their Hand and :Seal', or ‘under thfi1r “ Handat'sleafi. ~: . ' .’_ " ‘ 0] But we “ And if it be for the Peace or gem! Bebzz'w'ortr, 09 v : may wonder “ the like, Where Sureties are to be found 0r requiredi‘ what W ar- “ The ‘%&W [a] ought to remain Ike flecz'al CM}? mm or Law a and Matter whereupon if is granted, to the inter!t ' they had for gt A i . . that the Part ( whom itis tobe ferved) may ; \ga;f;nifl£_.“ provide zhisf§Srurelt1§§sniready, and .take then} WIFE? 1 ing 0 "my “ himto the hither. :1me to be bound for him. . Score: ofWa- “ The 'Shernfi' havmga Warrant direfted to 1111‘!»1 ' mm, &c. in “ by the Jufiioe of Peace, and will commanda‘riothfsf ‘ their Ma“ “, man (that is no fuelled-known Officer) to 'ferve'ifir .. ”’55 ' HM}, “ he muft deliver him a Precept in Writing; .othcf' ‘ :ng 3;": it; fi‘ wife fl? W'rit of Falfe Imprz’ onment will lie for the ' “ Arre . ' T ' § 21:33:21,: in « If the Mice will dime his Warrant to his saw .tbe 51‘0le .3 “.vant, or to another (who is no. Sworn Ofiicer) to. 1341!. Title “ ferve it, they triuf’t fllew their Warrant to the Par fl 1 'Wmam’ “ if he demandit,‘ or etherwxfe theParty may 1 fat. 29 1. “ Refifianoe, and needs not to obey 1t. . - - .7 ,} Cook 6. 5+ “ A fwornand known Officer, if he Will not/5M .3; 9 68. “Ink-Warrant to the Party, yet he ought, upon the”: Dalt. ibid. “ Arrefl to declare the Contents of his Warrant“ tit. Warran. “ 8(c. ’ ' , _ 1 “And an Officer giVeth fufiicientNorice, what}? 7‘ -A F . - [12. > J , a l “is, when hefaith, to thegParty, 1' Arm? year in Me 19414,, 29 1.‘ i .“Kimg’r Name, 61"6. and in fuch cafe the. Party» at. his Cook 9. 69, :‘ perril ought to obey him, though he knowethhim nor to be an Officer; and if he have no lawful “Warrant, the Party grieved may have hisAé’cion ‘ " 0f- Falfii Imprifgmewt againfi him. ;. Dalt. Title ' Warrmts. i (QM) ; Set cafe an Officer doth Arrell a Man or BerfOns for the Peace, or the. like, and not onl To, but ‘- ~ nds them to Goal, and there detainsthem or {him i ours,it may be days & nights before that he hath any '._ errant, and then afterward dorh. either procure a ~ ‘arrant, or caufe the Ferfons thus Imprifonedi to be I EOHVened (which is our cafe at Big/20!. frequently) . .. efore a Magifirate, and then committed by Warrant, i ‘hether this be warrantable or'legal ? . u' Anfw. No ;. “ If an Oflicer doth ArrePt a man. for D W 244. u the Peace, or the like, before that he hathany War- 5%”.248, ' 'fl rant, and: then afterward doth procure a Warrant, Lamb. 93, u (or a Warrant cometh after him)to ArrePt the Party | g for the fame caufe, yet thefiagfl Arrefl was wrongful, ; u’ and the ()flicer is fub'eé? to- am Afiion offidfe Imprtfon- ‘ mew ;' fee Dali. 1t. W art-unis. ,_ . See alfo 'Edm. Wixgate’sdéridgmew, under the Title ‘ Egberz'fi}; ' §. 46. Sm. 1-. E. 4. 2-. . “ Sheriffs 1113:11- de- e“ liVer all Indié’tments and prefentments taken in- their “ Turns ‘unto the Jufiices of Peace at their next Sefl 3 ‘ fions, in pain of 40 l. are. And; here if the Sheriff “1e F . it a toPrifonb col . f 4“ any me, or comm ny y our 0 h any fuch Indictment orPrefentment, a; otbettmfie, .‘tban by warrant tram meantime, as aforefaid, : ‘Ihall forfeit 1001. . s ’ ‘ . §. 66. or be , l' ‘24] - 7- ~ §.‘66. ihicl. Stat. L M Par. I. 86]]; 2. cap. 8.‘ “NO ‘“ Sheriff {hall be Jultiéeof Peace, during his Shrté— f“ valty; and all a€ts then done by him at jafl'icedf “"Peace, lhall be void. ‘ ' _ ’ . (Qatar), Whether to dif’crain and {poll Peoples 3'Goods, and keep their Bodies in Pri‘fon for the lame ‘ Meeting or Ofence (fuppofed) be Warrantable 11=1 'LaW. ' ’ .Ahfiv. N 0: See filirroar, Tit. Ahafet of the comma” Law, §. I 54. “ It is Abule to judge a man to divers “Punifhments for one Tre‘fpal‘s, as to a corporal “ Punilhrnent and to'a Ra‘nfom, fince Raafom is but a “ Redemption from C orporal Pamflameht by Payment 0 “a Fine of Money. ' _ ocj. If it be alledged, viz.’ Though the 817.37ng Ofi'cers final “roar [Meetings in a peaceahle‘ .qaietpo/tare, art no Violence or Force to any per/oh committed, threataed or ofiEred, :vherehy to render it a hreach of the pahlich Peace, ' or a Riot, (which are all one) Bat their not diffierfiag i”? mediately upon Proclamation made h}! the Sherifl' or C mt" ftahle, and Informert, this make: their Metiag a hreach 0 -. the pahlich Peace, and confegaehtly a’RiOt (for [0 ozcr Tom/I ‘ C lerh, and Sheri/j” Knight, and Informer: of Briflol hat/é ' declared it ) and therefore they may force the Meeters f (1’, 1 Goal in the fir/Z place without W ar’raat. Q E Anfw. Its evident then that the Meeting is'no Riot] E (being in no Riotous pollute) before fuch mandatory " E Proclamation; and its as evident,~tliat ’tis a PrepO‘ fierous and Irregular way of roceeding “(and 35% weakly argued) to make fuc , Proclamation an E . ' ’ ()CCEl-fiOFl ,E 1 , l: 2 ‘J ‘ occalion or 'zcau‘ié of theSRiOt, “When-asst Rior 'fliould beithe occafion of filCll' Proclamation, for the fRiorousPerfbnsorDiPturbersof the Peace to difperlé, Otherwife the iSheriH; 8m. “may at their Wills and '_ ‘pleafures exercife fuch Jurifdi&i0'n-. and arbitrary D0mi~ . =nionoveranyoftheKing’s peaceable Subjects, when theygive no occafion for any 'fuch command over their perlbns; This isa new 'courle of prepofierous 1 'pr0ceecling; and their forcing the ’Perlons .to Goal ,Without Warrant, appears as unwarrantable. Pray, firfl, by what Law is fuch Proclamation madeby the Sherrifl, 8m. to _ .Perfons .in no unquiet, no formidable nor ‘Riotous'poliure P‘ flamed/j, By What. Law do they deem the Meeters not prefently - fub-mitting to the Sherriffs command, .a breach 0f the “Peace orRiot, when theyare peaceable and paflive, and neither hurt nor Offer the leal’r Violence or Harm t0 any Body? HOWcan it be proved then, that any thing is done by them that is .Malzlm z'zzfi, to occa— fion fuchcommand or penalty ? .1 For Where the Law requires the Jufiice of Peace, . llogether with the Sherrifl‘, to command the-dilperfing Of'fuch-UnlawfulAITemblies as are Riotous in Intention of Fae}, they are really f0 firfl'. And their being'fuch . Either by Intention manifefl, by lbew of " Armour or ' menacing Words, 8(c. o'relfe RiOtous in Fact (their being Riorous) is the occafion of the J'ufiices manda. ‘ torv Proclamation to d-ifper'fe; and not his Procla~ mat-ion the caufe of their bein fuch. Nor can, pm... Venting Jufiice be jufily picad for-fuch Proclamation Find Punifhment for @6465 -Of the Kifig’s Peace, when, homatter of ‘Eaét appears of that nature, on their ‘- i i E Parts, The Cafe 0f the Pl‘if (tuners. ~ .( 26'?» ' parts, who are thus profeeut; d" and‘puniflaed for Prev we‘ntion 3‘ arm} the pretence 0f Preveneien grants no Fail perpetrated .01“ done... And, Sulpicion canrlot' iufily be pretended to ‘pu-mlh perfens equally wull 'Ol’fendors, any more than to Hang a man on Sulph- aim of Fellony, When no fuch faét can be proeed‘: ' againfi him. ~ §. V I. A; a farther Addition to the Creek; again/l w, [nob great N timbers have been fiom time. to time [ml to Goal, mofl of them poor Handicrafts men, all Of n5 ( being then) near Ninety Perfony at a time held under [were Reflraint, both much of the lafl W inter, and have, that we have no conveniency of Room, either for Work, ‘ Lodging or 'Air ; but crowded and pro/t in that Extremity, : that a great number have been forced to fit up all Nigbfi, ' and afterward fame to lie under the Tables, ”fling theit beads upon the foot flame thereof; and fame upon the Tables, and man}! to lie on Mt: allover the Floor: of two very cold ‘ Room-s in Winter, being the publioh Thorow—palfages oftht Goal; And not onlyfo, but now in this hot/edfbn, we are . crowded and Thronged together in [nth great Niimbers- i” f a tlofe noifom Goal, (15 tends to breed Infeii‘ion (actor-ding as able Phyfitians and other perfon: of- Credit in. Brif’ml have certified under their hands) and to fiflotate and: do”? , deflinl] to bring many. to a lingering'Deathfor-want ofgood ' Air and convenient Room and Lodging-for fomany. [£0753 . 0f Pei/0'35, 50f}! Mn and W omen, underfaobDu/rqflo” Hardfbip in New-gate, befide: that of Bridewell, where!” alfo many Women areorowded'and clofialy kept, [0 that 6W" in this Monet/7 called July, I 632. we are eltfe Fri/01W” to about the Number of Eight Score, whereof: "a. grad" ’ N amber are Women, - > £14,617 ;2. (2 )' . Q67, Whether fuch clof7e and deflrué’tive Con fine— .ment be warrantable or legal, either in Sheriff, Goaler .or other Officers ? . Anfw. N o; ’tis Wholly unwarrantable, and againfl: Law, as by the following Reafons, Authorities and Infiances plainly appears. , By [common Law we find, “ That Came; ad eonti- Legal Exa~ CC - ~ . . . . nendor, non ad panzendo: hahen Dehent, z. 6. Goals aremmation. “ ordained to hold Prifoners, n0t to punifh them. 37651907711177. “ For Imprifonment by the Law, is no more (nor £103,135. “' ought to be) than a bare reflraint of Liberty, with- 2.7:?0‘} f6 “ out thofe illegal and unjuf’t Deflruétions of clofe and ' ' / ' “ open Pr‘ifon. _ 4 Therefore chief Jullice C ooh faith, \ “ That if the I (c . . . - 3 8/}. 9 1' Goaler keep the Prlfoners more flrartly than he ought [gm-“Mam “ of right, whereof thePrifoner dyeth, d I . d 18. FletJ. “this is Eel/on} a the Goaler [43 by E 3. F “ “ I. c. 26. “ ‘ . . fired, zfzthethec k 1,3} the common Law. And thlSlS the mm of the Lord, ”I” 3 fl ': “ caufe,that if a Prifoner dye inPrifon, am the 19m; 1). f0 ' 3‘9 “ the Coroner ought to fit on him. fage and jlrait Confinement of thofe called Quakers in Brillol may not coca/ion Infeélion in that C tty, nor the Death of any of them in Przfon, that the Guilt of Innocent Blood maynot fall upon that City ( the danger whereof ha: been fallyfignzfied.) But if any of them he forced to end their day: inPrzfon, no to he hoped, That the Coroners lnqueft will havegood Information, and take jafl' cognizance of the occafion, that the Cry of innocent Blood may not heunja/lly fmethered, when they are nnjaflly and clandeflinly dejtroyed in a nafly Goal. See alfo the faid Cook, fol. 34. pap. petty Trea/on,how Prifoners are to be ufed, wherem is alfo an account of E 2 an Bria c. I 1. dc Przfim, fol. 18. Sec Mrror, C. 2. §. 1 I an Indifiiment of’a-G'oaler for evil Ufage' of- his .Pr1-- fOner, fol. 35‘». in Trin. Term, 7E. 3. Cor. Rege 702144;. lyre/em”, 81¢. “ That. whereas-one R. B." ot‘ T. was -“: taken and. detained in thePrilonof Limo!” Caitle, “for a certain Debt of ' Statute Merchant, in the “ the cuf’cody of T. B. Confiable of the Cai’tle of L. “ aforelaid. That the laid T. B. put the {aid R; into “ the common Goal among Thieves in-afilthy Prifon, “ contrary to the formrof theStatute, 8m. and there “ detained him till he had. paid him a fine of 40 5. Whereupon Juf’tice Cook makes this Obler'vation ; " f0 as hereb it appeareth, where the Law requireth that a Prifgner fhould be kept (mil/4171.12 é? arfil ’ Cuflodz’i) that is, “Infafeand fi‘ireCullody; yet that “ mul’t~ be without any pain or torment to the Priloner. So Coo/e g. I‘nl’t. 52. faith, “If a Prifoner by the “ Dare/5’, that is, hardUlage of the Goaler, come to “ Untimely Death, this is erder 2'22 the Grader, and “ in the Law implyeth Malice, in refpeétof the Cruel-'- “ ty; And this is. the Callie, that if a man dye in Prifon, the Coroner ought to {it upon his Body, to the “ end it may be enquired of, Whether he came to his . “ Death by the Durefs of the Goaler, or oth‘erwife .; All which appeareth in Britton. Mirror 3’14Lfi1ith, “ That it is an abufe of the " “ Law that'Prrifoners are put into Irons,.or other pain, d:4Hmnicida. “ before they are attainted. ' 5 Hm 6'. 58 Mirror,TlE- Goal, CQP- 1- §. 9. [e] Hawthmwilt “- “Alfb, becaufe itis forbidden, SiacrlfKnight-Cé" “ that any be pained before ~Judg— . John Hilliar, etc. “ merit» the [6] Law requlroetlmheti .. mfg,” ”m, A. none be put among Vermin, or 1n up. . 0": Violence “ any horribletordangerous place. done ' ' Ahd - [7297 - , .. “ And alfo, they {all under the 01"- dmfo 2’36 171/5}? M‘ a ”fence of Moo/[iiighgen who impri- m f” 0" v ‘” ”Wac- 1- »“fon the people in fuch places, or ”fly”? 0’” b‘ck’ §'9- of “ ' ~ word damn Stairs, 1141:7sz a leg h—' in P ut them to fuel] Pumfhment’ to the hazardirjg fer. ' - (Where it maybe found by [rogue/2‘, ‘ ‘that by thofe means, places or pu- nl -ments they come fooner to their Deaths, ihid. fee alfo Cook 3 113/2134,“- “ Alfo, into the Ofl‘ence of Moo- :fldltghi‘er fall all thofe by whom a ‘“ man. dyeth in Prifon ; and that ma ( be either b the Judge, who delays (‘ to do Jugice, or by Durefs‘and ”the Keepers, or by Other unjufiifi- :‘ able occafion ------- And thole who ‘ ill a man imprifoned, by a fur- : Charge of pain, in cafe when any is ,(adludged to penalty only. And 3112) reckons the Ptarvin g of Prifoners by Famine, to be among the crimes E Homicide in a Goaler: Which al- R Judge Cook holds in 3 Iflfl. c. 29. lltle, Fallon] in Goalers by Durefi‘ f Imprifonment, &c.» by Statute, lid by the common Law, fol. 91. . ‘ After in the Mi'orror, an account 18 lVen of 44 Jufiices or Judges in one far hanged by K. Alfiz‘o’, for their 'lfe- Judgment and Itnjul’tice. Ano- hi: Life; putting flow down imo the condemned Fellons Hole, with other Violence, Threat- 77in the Prifimr: with I ronsfiva’ a: Y related in their Diftrefl‘ed Cafe in Print, 1mg. 26,27, 28. Bofidc: their great Opproflion h}! crowding the Goal " fo fix/l, hoth N ew— gate @Bridewel, without regard to Age, Sex, Quali- ty or Condition? {Add to the]? their ‘ putting poor imm- omt ' Children in“ thoStotkg art Hi gh- - " Crofs; foé'their Farther Account, I). 5'. {75 34/0 their other Aha/2': 477d Craze/tie! to the poor Chi/d r en . ler account is given, ' “ That he hmg ed the Sliitors of. ‘ Ciren‘cel’ter, hémofeihey kept 47mm [o [om 2'” pr; 0,2) WW“ We WW“ l72'77’2/df 5? Forrez'zam, out he ,{fim’cdhorfl/Zoozozy] J T 1t. A’h‘lf COWLL/m), C. 5- “ Alfo, 1 0 C - r o) ' . Alfo, obferve-what provifio-n ismade forPril'oners by the {tatute 22 8t 2; Car. 2. cap. 20. §. IO. m. “ And that every under-Sherifi‘, Goaler, Keeper of “p Prifon or Goal, and every perfon or perfons what- :: foever, to whofe Cul’tody any perlon or perfons fhali‘ ' a be delivered or ,commitedo by Virtue‘of any Writ of . procefs, or any retence whatloever, {hall permit ‘ :‘ and fuflcer the fan perfon or perfons, at hisand their (@1411 which ‘: will and pleafure to fend for and have any Beer, Ale, them, they Vifiuals and other 11eceffary Food where and from ' m, not to be “ whence they pleale; as alfo to have and ufe fuch fiified or de- “ Bedding,Linning,and Other things, as the faid perlon ' flimfd in “ or perfong {hall think fit, [ f ] without any prolong. - rzfim. :: 131%; cgfetaining ”0r paying for the fame, or any part #5?) $2313: “ Iézdgfi. 1;. And whereas it is become the common ' ’ GM! or P”; praéhce of Goalers, 8m. to lodge together in one £ fan 1;; the . “ Room or Chamber and Bed, Prifoners for Debt and“j King’:, and “ Fellons, whereby many times honelt Gentlemen mm: hat: a :: Trailes-mlen 8( others, &c. are dilturbed and hindred ‘L common rz— Int 3 n] ' ° ' fan or am, « or their $32123 3352: ‘r ”35”? Ref? by ”5‘0? 7 1”” the ng '“ fended and tro bl d ’ at? 0 16m” 6 mucao ‘ u e by their lewd and-prOphane only Mntit. . . . GM}: and “ Language and Difiour es, With molt horrid Czrrflizgg Garden, 02.“ and Smdriflg,&c. Be it enafied, 8(C. That it {hall 5. 9. and' “ not be lawful hereafter for any Sheriff, Goaler o - W”fl4“gb- :: Kee r of any Goal or Prifon, to put, keep or lodge: gt: 21.1%; “ Pm oners for Debt & Fellons together in one R0011]? ‘Prifanought “ lord Chiapnber, but that they {hall be put, kept and to be allow- “ I: ge operate & apart one from another,in dif’tmfl‘i‘ ed.tthing: u ooms’ [3] 111.3011 P3911, that he, {he or they tll pnfonm, lhall offend againfi thlS Aé‘t, Or the true intent an, "*- “ meanitfat l a, ( I ) “ meaning thereof, or aiiy part theréof, fhall forfeit» “ or lofe his or her Office, place or Employment, and “ fhall forfeit treble Damages to the party grieved, to “ be recovered by Virtue of this Aft ;, any LaW,.Sta-x a“ tute, Ufage or Cultom to the contrary in any will: ."" nOtWithPtanding. ' , Alio, there is another Right and Priviledge allowed by Law for delivering Warrants of Commitment and Detainer to Prifoners, which Tome Goalers having been ready to hinder them of,it may n0t be amifs here to incert the Claufe of the fiatute, 31 C ar. 2. entituled, An 1152‘ for the éetteificztriqgutée Liéert] oft/ye Suéjefi, commonly called, be late széem Corpw A67. The C [mfe : “ And be it further enaEted by the {‘ Authority aforefaid, That if any Officer or Officers, “his or their under Officer or under Officers, under “ Keeper or under Keepers or Deputy---_----.upon de- “ mand made by the. Prifoner, or perfon in his behalf, “ fllall refufe to deliver, or within the {pace of fix “ hours after demand fhall not deliver to the perfon ‘ “ f0 demanding, a true Co y of the Warrant or War- “ rants of Commitment an Detainer of fuch Prifoner, _“ which he and they are hereby required to deliver “ accordingl , all and every the head Goalers and. ‘ Keepers ofy fuch Prifons, and fuch other perfon‘ m “ whofe cuf’tody the Pri-foner fhall be detained, fhall “ for the firf’c offence forfeit to the Prifoner or party i“ grieved, the Sum of 100‘ l. and for the fecond Of- “ fence the firm of 200)]; and {hall and is hereby “ made incapable to hold or execute his faid- Office: “ The faid penalties to: be recovered by" the Prifoner “ or party grieved, his Executors or Adminifiramrs, L. ' \“againflz. _ _ ,7- 1' ..; ' 7 7 ,r‘w '. " ’ n77.7- _-,71...~< - ‘f' " gamE. filch Ggendor, his Exerfiuors or Adminigé” 4 firators, _bY any 3611.0“ 0f D659; Shit, Bill, Plain: 0r “ Information in any of the King" 5 Courts at We mid “ fler, (fife. Note, That the fufl'ering CaI‘e Of the People called Quaker: 111 . the C1ty of B7 zflol, 1s mow fully Rated 111 their own late Accounts: The one enut‘ulcd, The DifircflEd Cdfi' of the People called Quaker'sin the City of Bliftol, and thezr 17h”- 77mm Ufegc. The Other entitnIed, A farthcr Account of the Continuation of the mud Perfemtion of tin People celled Quakers m Brifiol, without regard to Age or Sex. THE END. 4!" :Books Primed and Sold hy 74777177787717 at the 1‘ gm of. the Crooked-Blllet 111 Ida/1017717 1.7777217 - 70777177719 and at his Shop Wanch 347M}- -G .77 Ue Order of 1.77777 dud jufha fleadcd, 723777717 177 cc 7.! r mzd Arbitrm) Proceedings.- By .1601 ge Whitehead. .NOCROSS. NO CROWN: Bemganccmfeo the Holy C7 of: of Cbrifl. By VViIlianl Penn. An Epiflle, containinga Salutation to all f zthful F rte: d7, 71 Raw ,. proof to the Unflzithfttl, and at“ f t 77777 to the Enqmrmg, 17247 1 " 7; 3%”"1 Farewell to them all the Land of my M77777}. By illiam Penn. , - An Addrefi to Protefl'ant: 1717072 the prefinr Cohjunéfure. By W P7 A T reattfe of Oathes: Whereitz are {77777177777777} Rmflm why ' the People called Quakers refyh to 5117747 at «II i l l ‘1: 1 RARE BX 7678 . B7 L4 1 682 m U m - m ELL SPC ans RARE BX7678.B7 L4 1682 010-0059156115