THE Matters which we would humbly present to yo [...]rious and tender I considerations, are chiefly concerning the Charge [...]st our peaceable Religious Assemblics, in late Indictments rendred [...], &c, but in some later Routs & Unlawful Assemblies, witb Force & Armss [...] & then Fining & Imprisonment till payment; together with a Ju [...]t against some to find Sureties for the Good Behaviour. This cou [...]ing been taken, we really conceive the measure we have thereby is not only hard, b [...]ether unmerited on our parts: We hope you'l give the Loosers and Sufferers leave to [...] without offence.

We pray you seriously consider, whether the Charge of Routs, & [...]n be rationally laid upon our said peaceable Assemblies, or they justly punishable as [...] and we there­upon to be thus closely confined and fined, as Persons Routous &c. [...] legal definition Routs as given by allowed Authorities. ‘As an Unlawful Assem [...] in Common Law, is, of the Company of three or more Persons, disorderly coming together, with Intention Forceably to commit an unlawful Act; as to beat a [...], or to enter upon his Possession, cut or destroy his Corn or Grass, or such like. So a Roust is when such Assembly Moveth, going or riding forward, to commit by force such unlawful Act, to the injury of the Person or Possesion of another. And then a Riot is when they do execute the same, using threatening words, furious gestures, and other Force and Armes, to the [...]errour of the people, wherein there is some apparent disturbance of the publick Peace, either by signification of Speech, shew of Armour, turbulent Gestore, or actual and express Violence, &c.’ In which definition, both W. Lambard in his Eirenar­cha, the Lord Cook in his Institutes 3d.pt. and Mich. Dalton in his Justice of Peace, under those titles of Riots, Routs, Breach of the Pe [...]ce, and Unlawful Assem­blies, &c. with many other Authorities do agree.

[...]V. Lam­ [...]rd, Eirin. 1. 2.p. 175, 176. 177. & Cook Inst. 3 pt. ch. I. f.9. & ch. 79. f 176. Dal. tit. Riots, Routs. &c.

Pray observe in case of a Rout; Suppose a Company of Rude Persons met to contrive some Mischief or Injury against the Persons, Goods or Possessons of their Neighbours, and moving forward with Clubs or any offensive Weapons, to [...]mit the Riot design­ed and those should be apprehended in their Motion, before the act be committed, and then Indicted for a Rout & Unlawful Assembly, &c. the Question is, Whether the Indict­ment framed against these, be not in the same manner and form, or mostly of the same kind, with these Indictments against us, for our Religious Meetings to Pray to God &c. what Book-Case or President in Common Law or Equily can Parallel these, or warrant the la [...]

Now we can Appeal, 1st, To Almighty God, who knows our Hearts and secret Inten­tions, that our Religious Assemblies are with no such Injurious Intentions; And to the Consciences of our indifferent Neighbours and Spectators, that our Meetings have never given them occasion to think, that ever we intended and such Injury or Force, either by Motion, Action or Weapon, nor can any such thing be attested against us. And we doubt not but all unprejudiced Jurors, our Neighbours do understand that our Meetings are up­on no such in urious account, but on a Religious account, for [...] towards Almighty God. And therefore how can it be just or reasonable any Ju [...]ould be unposed upon, to find us Guilty, either of Routs, Riots, or Unlawful Assembles as before described, to bring Guilt, Danger or Damnation upon their own Souls: Who as they are not to be Menaced into a Verdict, so not to be Fined nor Imprisoned for finding according to their Con­sciences, though it may seem not consistent with the Evidence or Direction of the Court, according to the Lord Vaugban's Reports in Bushel's Case, in the [...] Year of K. Charles 2. fol. 143, & 153. ‘For (saith he) the Jury may know the Witnesses to be Stigmatized and Infamous, which may be unknown to the Parties, and consequenly to the Court.’ And fur­ther saith fol. 143. (in the same case) ‘If the Judge from the Evidence shall by his own Judgment, first resolve upon any tryal what the Facts is, and so knowing the Fact, shall then resolve what the Law is, and order the Jury Penalty to find accordingly; What either necessary or convenient use can be fancied of Jury, or to continue Tryals by them at all?’ Thus far the Learned Judge Vanghan argues the case in behalf of the Jury, having not found Penn and Mead guilty of a Trespass, Unlawful Assembly, Rout and Tumult, &c. whereof they stood Indicted, not withstanding they were taken and indicted on occasion of such a Religious Meeting, as these for which we now suffer [...] yet the Jury in Conscience could not find them Guilty of a Rout or Riot &c. Who being therefore Fined Forty Marks a Men, and Committed to Prison, the said Judge Vaughan vindicated the Jury, and opposed such proceeding against them; to which the rest of the Judges at Westminster, who were present at the Argument, agreed.

Besides, that is a Remarkable Passage of K. Charles 1st in his [...] where he saith in his Prayer (viz) ‘Make them at length seriously to Consider, that nothing Violent or Injurious can be Religious.’ which may be considered and app [...]ved several wayes. 1st. our Assemblyes being generally believed and known to he religious and peaceable on our parts, are therefore no Routs, Riots, or unlawfull Assemblyes, where in either violence or injury is Intended or acted. 2ly. If nothing Violent or injurious can be Religious; Then with what conscience can any Judge our Religious quiet Meeting, Rout [...] or Riots. 3ly. How can the violence and injury then done to us, both against our said M [...]gs against our Persons by close Confinment, and against our Estates by Spoil, be Rel [...]ous or Christian? Nay are not such Severities rather Reproach to Christianity.

Lastly whereas some of us, besides our Fines and imp [...]s, are sentenced to find Saretyes for the good behaviour, or else to be continued in [...] We intreat you to con­sider, in what cases Surety for the good behaviour, is to be granted, according to Common Law and Jastice.

Pray Observe, ‘It is chiefly to be granted against Common Barretours, common Quar­rellers, Rioters, such as ly in wait to Rob, or shall be suspected for that cause, or shall assault or attempt to robb, or are generally feared or suspected to be robbers by the high-way and against such as are like to commit Murder, homicide and other grievances &c. and against such as shall practise to Poison another, and against such as be of evil name and same, as for resorting to houses suspected to maintain Adultery or incontinency, and against the maintainers of houses commonly suspected for Bawdery, and against common whoremongers and common whores, and against night-walkers, suspected to be pilferers &c. And against Eves-droppers, and such Night walkers that cast mens Gates and Carts into Ponds &c. suspected persons who live idly, common haunters of Alehouses and Taverns, common Drunkards &c. such as go in the Message of Thieves &c.’ As you may see at large in M. Dal­tons Justice of Peace, under the Title, urety for the good behaviour, grounded on other Autho­rities.

Now pray Consider these things between God and your own Consciences, seeing neither We nor our Assemblyes are under any of these criminal circumstances, what parity can there be between these crimes, misbehaviours or enormities, and our Peaceable Meeting in Spirit and Truth, to pray worship and praise Almighty God that made us, according to our tender Consciences? which both the Holy Scriptures, & consequently the Liturgy of the Church of England require and Warrant without exception of Persons or places? And what Book-case or president in Common Law and Justice can be produced either to prove such Meettings Routs, or to Fine, Imprison, or require Suretyes for the good Behaviour, for praying to God, or peaceably Worshipping him in our Religious Assemblies, according to our Faith and Perswasions, without any intention or overt-Act of Violence or Injury either to the Government, or to any person or property of another whatsoever. The Righteous Judge of all knowes our Innocency in these matters.

The premises Considered, We do in Christian humility intreat you, not to detain us under close Consinment to the impairing our health, endangering our Lives, and Ruining our Distressed Families. And we further Request you, not to Sentence any more of us to find Suretyes for the Good behaviour (for our quietly Meeting to Worship God), and to discharge those of us, who are under the same Sentence. God preserve and direct you.