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         Ellwood, Thomas, 1639-1713.
      
       
         
           1683
        
      
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             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.
          
        
      
    
     
       
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           Society of Friends -- England -- Apologetic works.
           Riots -- England.
           Persecution -- England.
           Great Britain -- Religion -- 17th century.
        
      
    
     
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           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
           .
        
      
    
     
       
         
           Books
           ,
           Printed
           and
           Sold
           by
           
             Thomas
             Howkins
          
           ,
           in
           George-Yard
           in
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           Bookseller
           .
        
         
           
             NO
             Cross
             no
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             ,
             by
             
               William
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             Midnight
             Thoughts
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             being
             Excellent
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             Divine
             Experiences
             ,
             of
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               Eminent
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             Described
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             or
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               Matthew
               Weyer
            
             .
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             Caba●istical
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             in
             Answer
             to
             the
             Opinion
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             a
             Learned
             Doctor
             in
             Philosophy
             and
             Theology
             ;
             That
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             Doctor
             Everard's
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             George
             Fox's
             Tythes
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             4
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             Cause
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             Trying
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             daies
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             by
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               Mathers
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             ,
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             in
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               School-Books
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               all
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