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A84393 A discourse concerning riots Occasioned by some of the people called Quakers, being imprisoned and indicted for a riot, for only being at a peaceable meeting to worship God. Written by one of that people, Thomas Ellwood. Ellwood, Thomas, 1639-1713. 1683 (1683) Wing E618A; ESTC R229440 15,534 16

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or actual and express violence Coweli Interp. verbo Riot Shephard says 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 part 3. p. 259. Dalton says As there must necessarily be three persons at the least assembled together to make a Riot c. So their 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 terror 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 Just c. 87. Tho. Blunt says 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 show of Arms Turbulent Gesture or actual violence Law-Diction verbo Rout. Keeble says 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 their 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 Just p. 645. And says he p. 646. And so says Lambard also Eien 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 says 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. Just 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. says 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 to bring manifest Terrour unto the subject And a little after he mentions the use of Harness on Mid summer-night in London or on May-day in the Country Which being for sport only is says he ' no such offence that is no Riot seeing no Terrour followeth of it And says he the words In terrorem populi seem to be material in an Indictment of this kind Eiren. l. 2. c. 5. Dalton says 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 Statutes 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 says 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 Count. 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 terror 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 same Adversary This says 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 terror of the people Keeble treating of Riots and reciting the words of Lambard though he cites Crompton for the Author says To use Horns on Mid-summer Night in London or on May day in the Country for sport only is no such offence that is is no Riot seeing no terror followeth it and the words in Terrorem populi seem says 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 useing 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