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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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Set on the Guilty by which Means the Prosecutors have been
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considerably out of Pocket and are by the Charge attending Such
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Prosecutions greatly discouraged from pursuing Prosecutions
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of this kind which they apprehend necessary and commendable, of
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Service to the Publick and to the Cause of Christianity.
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These being the Severall Objections which Occurred and
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Difficulties raised, your Committee thought it their Duty to
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consider them Seperately to endeavour to give an Answer
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to them to State their Sentiments of this Matter & Submit
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the whole to the Judgement of this Court.
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As to the first Objection whether Indictment the proper way of
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proceeding your Committee find on Enquiry that about Six years
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ago when Prosecutions of this kind were carried on against the
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Butchers
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, they did as was Supposed and publickly Said make
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a Purse among themselves to try the Matter, and they then
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Suggested and insisted that this was not a Crime at Common Law,
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and therefore not punishable by Judictment, and one of the Butchers
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Standing Trial and being found guilty this was made a Point in
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arrest of Judgement and Solemnly argued in this Court by at least
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two Council of a Side and took up the best part of a Morning
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when the Court took time to consider of it, and at a future day
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unanimously gave their Opinion that it was Malamin Se,
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contrary both to the Laws of God & Man a Crime of a
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Publick Nature, of Manifest ill tendency, of Great Disservice
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to Religion and was often a hindrance to the Buyer, but
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certainly to the Seller and his Servants from attending at Publick
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Worship. It being then proved to the Court that the Markets
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were open and Meat publickly exposed to Sale on Stalls at
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eleven and twelve o' Clock at noon on the Lords Day, Since
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this Solemn Determination it has never in this Court been
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disputed whether an Indictment will lye or not Neither did the
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Butchers themselves think proper to remove this into the Court of
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Kings Bench which undoubtedly they would have done had they
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imagined that Court wou'd have been of a different Opinion, or
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had they had been advised to have tryed that Court and that they
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did advise with Councel on that head may very well be presumed
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as
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they Seemed very Sanguine at that time and prepared with Money
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for any further Expence if the Shought they could have Succeeded.
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