<div1 type="SM_GOpage" id="LMSMGO55602GO556020208"> <xptr type="pageFacsimile" doc="LMSMGO556020208"></xptr>
<p n="747">Set on the Guilty by which Means the Prosecutors have been<lb></lb>
considerably out of Pocket and are by the Charge attending Such<lb></lb>
Prosecutions greatly discouraged from pursuing Prosecutions<lb></lb>
of this kind which they apprehend necessary and commendable, of<lb></lb>
Service to the Publick and to the Cause of Christianity.</p>
<p n="748">These being the Severall Objections which Occurred and<lb></lb>
Difficulties raised, your Committee thought it their Duty to<lb></lb>
consider them Seperately to endeavour to give an Answer<lb></lb>
to them to State their Sentiments of this Matter & Submit<lb></lb>
the whole to the Judgement of this Court.</p>
<p n="749">As to the first Objection whether Indictment the proper way of<lb></lb>
proceeding your Committee find on Enquiry that about Six years<lb></lb>
ago when Prosecutions of this kind were carried on against the<lb></lb>
<rs type="occupation" id="LMSMGO55602_occ823">Butchers</rs>
<interp inst="LMSMGO55602_occ823" type="occupation" value="Butchers"></interp>
, they did as was Supposed and publickly Said make<lb></lb>
a Purse among themselves to try the Matter, and they then<lb></lb>
Suggested and insisted that this was not a Crime at Common Law,<lb></lb>
and therefore not punishable by Judictment, and one of the Butchers<lb></lb>
Standing Trial and being found guilty this was made a Point in<lb></lb>
arrest of Judgement and Solemnly argued in this Court by at least<lb></lb>
two Council of a Side and took up the best part of a Morning<lb></lb>
when the Court took time to consider of it, and at a future day<lb></lb>
unanimously gave their Opinion that it was Malamin Se,<lb></lb>
contrary both to the Laws of God & Man a Crime of a<lb></lb>
Publick Nature, of Manifest ill tendency, of Great Disservice<lb></lb>
to Religion and was often a hindrance to the Buyer, but<lb></lb>
certainly to the Seller and his Servants from attending at Publick<lb></lb>
Worship. It being then proved to the Court that the Markets<lb></lb>
were open and Meat publickly exposed to Sale on Stalls at<lb></lb>
eleven and twelve o' Clock at noon on the Lords Day, Since<lb></lb>
this Solemn Determination it has never in this Court been<lb></lb>
disputed whether an Indictment will lye or not Neither did the<lb></lb>
Butchers themselves think proper to remove this into the Court of<lb></lb>
Kings Bench which undoubtedly they would have done had they<lb></lb>
imagined that Court wou'd have been of a different Opinion, or<lb></lb>
had they had been advised to have tryed that Court and that they<lb></lb>
did advise with Councel on that head may very well be presumed<lb></lb>
as<gap reason="illegible"></gap>
they Seemed very Sanguine at that time and prepared with Money<lb></lb>
for any further Expence if the Shought they could have Succeeded.</p>
</div1>

View as Text