A genteel young man and woman were then set forward, and a very grave-looking person swore he caught them in a situation which we cannot as particularly describe here as he did before the magistrate; who, having received a wink from his clerk, declared with much warmth that the fact was incredible and impossible. He presently discharged the accused parties, and was going, without any evidence, to commit the accuser for perjury; but this the clerk dissuaded him from, saying he doubted whether a justice of peace had any such power. The justice at first differed in opinion, and said, “He had seen a man stand in the pillory about perjury; nay, he had known a man in gaol for it too; and how came he there if he was not committed thither?” “Why, that is true, sir,” answered the clerk; “and yet I have been told by a very great lawyer that a man cannot be committed for perjury before he is indicted; and the reason is, I believe, because it is not against the peace before the indictment makes it so.” “Why, that may be,” cries the justice, “and indeed perjury is but scandalous words, and I know a man cannot have no warrant for those, unless you put for rioting [Footnote: _Opus est interprete._ By the laws of England abusive words are not punishable by the magistrate; some commissioners of the peace, therefore, when one scold hath applied to them for a warrant against another, from a too eager desire of doing justice, have construed a little harmless scolding into a riot, which is in law an outrageous breach of the peace committed by several persons, by three at the least, nor can a less number be convicted of it. Under this word rioting, or riotting (for I have seen it spelt both ways), many thousands of old women have been arrested and put to expense, sometimes in prison, for a little intemperate use of their tongues. This practice began to decrease in the year 1749.] them into the warrant.” The witness was now about to be discharged, when the lady whom he had accused declared she would swear the peace against him, for that he had called her a whore several times. “Oho! you will swear the peace, madam, will you?” cries the justice: “Give her the peace, presently; and pray, Mr. Constable, secure the prisoner, now we have him, while a warrant is made to take him up.” All which was immediately performed, and the poor witness, for want of securities, was sent to prison.