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A40929 Christian tolleration, or, Simply and singly to meet upon the account of religion, really to worship and serve the Lord, without any unlawful act to be done or intended, is not an offence against law and also concerning seditious sectaries, disloyal persons, and seditious conventicles punishable by the late act : and likewise concerning banishments ... R. F. (Richard Farnworth), d. 1666. 1664 (1664) Wing F477; ESTC R1637 17,385 34

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3. And if they execute any such thing indeed then it is a Riot Dalt 278. And saith he Mr. Finch describeth them shortly thus fi libro 2. An unlawful Assembly is when Persons shall Assemble to do any unlawful Act. So that the unlawfulness of the act about which they assemble to do is that it seems which makes their meeting together to be an unlawful Assembly and to be an Offence against Law A Rout is when they set forward to do it And a Riot is when they do it indeed Dalt 278. Now in Riots Routs and unlawful Assemblies these four circumstances are to be considered First The number of the persons Assembled 2. The intent and purpose of the meeting 3. The lawfulness or unlawfulness of the Act. 4. The manner and circumstance of doing it First The number For the number there must necessarily be three persons at the least so gathered together to the intent to do some unlawful act with force or violence against the Peace or Person of another his Possession or Goods or to the manifest terror of the People as aforesaid For else it can be no Riot 1 M. 12. 1 Eliz. 17. Rout or unlawful Assembly saith Dalton within the meaning of these Statutes Dalt 278. For saith he an Assemby of an hundred Persons or more yea though they be in Armor yet if it be not in terror or affright of the People and were assembled without any intent to break the Peace It is not prohibited by these Statutes nor unlawful Dalt I. P. 279. 2. For the intent The intent It seemeth it can be no Riot Rout or unlawful Assembly Except there be an intent precedent to do some unlawful Act and with violence or force See Dalt J. P. fol. 279. Cromp. 6. P. R. 25. 3. As for the lawfulness of the act Every man may Assemble company to aid him in his House Lawfulness of the Act. against injury or violence And every man in peaceable manner may assemble a meet company and may come to do any lawful thing Dalt J. P. 280. 4. As there must necessarily be three Persons at the least assembled together to make a Riot Rout The manner and circumstances or unlawful assembly 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 peaceabler sort of people or to the emboldenimg and stirring up of such as are busie headed and of evil disposition by such fact or else it can be no unlawful assembly c. See Dalt J. P. fol. 281. And doth or may it not clearly appear the premises and circumstances being truely and duely considered That the peaceable and godly meetings of the innocent people of God reproachfully called Quakers truly and really to serve and worship the Lord without any intent or purpose to do any unlawful act with force or violence as aforesaid are no unlawful Assemblies Because their being together and their demeanour is such as doth not breed any apparent disturbance of the Peace neither by threatning speeches turbulent gesture nor shew of armour nor actual force or violence nor to the terror and fearing of the peaceabler sort of people who do neither meet in terror or affright of the people nor with any intent to break the Peace by any unlawful act with force or violence If any Riot Assembly or Rout of People against the Law be made in any part of the Realme the Justices of the Peace three or two of them at the least and the Sheriff or Under-Sheriff of the Shire where such Riot Assembly or Rout shall be made shall come with the Power of the County if need be to Arrest them and shall Arrest them And the same Justices Sheriff or Under-Sheriffs have power to Record that which they shall find in their presence against the Law and the same Offenders shall be Convict by the Record of the same Justices Sheriff or Under-Sheriff in manner and form as it is contained in the Statute of Forcible Entries See Pultons abstract and Statute 17 Rich. 2.8 Stat 13. Hen. 4.7 And see Forcible Entry 2. And in Forcible Entrie 2. Pult. saith If a Justice of Peace of the County or Major Bayliffe Sheriff Justices or Justice of Peace of the City do fine any that made such Forcible Entrie c. he shall take the Offenders and commit them to the next Goal and there to remain c. And whether the Parties which made such Entries be present or gone at the coming of the Justice the said Justice Major c. shall in some good Town or convenient place near unto the place where such force was made enquire by a sufficient Jury of the same County City c. of them which made such forcible Entries and if it be found before them That any have made Entry in form aforesaid The said Justices Major c. shall reseise the said Lands and put the party in possession which in such sort was put out Pult. 132. Stat. 8. Hen. 6.9 So that a Riot Rout or unlawful assembly is to be enquired of and found by a Jury For if any such Offence be committed within this Realm the Sheriff having a precept directed to him shall return four and twenty persons dwelling within the Shire where such assembly or fact was committed whereof every of them shall have Lands and Tenements within the same shire to the yearly value of twenty shillings Charter Land or Free-hold or twenty six shillings eight pence Copy-hold or of both above all charges for to enquire of the said Riot Rout or unlawful Assembly c. See the Stat. 19. Hen. 7.13 Pult. Abstract Arrest and Imprisonment An Arrest is the first apprehending and restraining of a mans person depriving it of its own Will and Liberty Dalt 405. Shep. 171. and may be called the beginning of imprisonment Dalt J. P. 405. Shep. Just P. cap. 6. sect 1. p. 171. Imprisonment is where a man is Arrested against his Will Dalt 405. Shep 171. or is restrained of his Liberty by putting him into the Goal Cage or Stocks or into some House or otherwise by keeping him in the high street or open field so as he cannot freely go at liberty when and where he would Dalt J. P. 405. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the party or require or charge or command him to go or come before the Justice c. This is no Arrest or Imprisonment And upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him See Dalt 405. But saith he this Arrest being in Execution of the commandment of some Court or of some Officer of Justice is exprest in their Writs by these words or the