are you Guilty of the High Treason whereof you are indicted, and for which you are now arraigned, or Not Guilty? Willis. I am entirely innocent. Serj. Richardson. Then plead Not Guilty; and if upon trial you appear to be innocent, you will be acquitted. said sovereign lady the queen, your sovereign and undoubted liege lady, with a great multitude of men, to the jurors unknown, to the number of five hundred persons, armed, and arrayed in a warlike manner, that is to say, with colours flying, swords, clubs, and other weapons, as well offensive as defensive, unlawfully and traitorously being assembled and gathered together, public war against our said lady the queen, at the parish aforesaid, in the county aforesaid, the day and year aforesaid, traitorously did prepare, begin and levy, against the peace of our said sovereign lady the queen that now is, her crown and dignity, and against Cl. of Arr. God send you a good deli- the form of the statute in that case made and provided.* Cl. of Arr. Are you Guilty, or Not Guilty? Cl. of Arr. Culprit, how wilt thou be tried? Cl. of Newgate. You must say, By God and your Country. Willis. By God and the Country. verance. Then he was taken from the bar. Cl. of Arr. Set George Purchase to the bar. (Which was done.) Cl. of Arr. How say you, George Purchase? Are you Guilty of the High Treason for which you have been indicted, and are now arraigned, or Not Guilty? Purchase. Not Guilty. Cl. of Arr. Culprit, how wilt thou be tried? Then he was taken away, and the Court adjourned to the day following. Die Mercurii, 19 Aprilis, 1710, 9 Annæ. DOMINA REGINA versus DAMMAREE. Present, the right hon. sir Samuel Garrard, bart. lord mayor of the city of London; the right hon. sir Thomas Parker, knt. Cl. of Arr. George Purchase, hold up thy hand. (Which he did.) You stand indicted by the name of George Purchase, late of the parish of St. Giles in the Fields, in the county of Middlesex, labourer; for that you, not hav-verance. ing the fear of God before your eyes, nor weighing the duty of your allegiance, but being moved and seduced by the instigation of the devil, the love, and true and due obedience, which every true and faithful subject of our Sovereign lady Anne, by the grace of God of Great Britain, France, and Ireland, queen, Defender of the Faith, &c. towards our said lady the queen should, and of right ought to bear, wholly withdrawing, and conspiring, and with all your strength intending the peace and common tranquillity of this kingdom of Great Britain to disturb; the first day of March, in the ninth year of the reign of our said sovereign lady the queen, that now is, at the parish of St. Giles in the Fields aforesaid, in the county of Middlesex aforesaid, falsly, unlawfully, devilishly, and traitorously, did compass, imagine, and intend open war, insurrection, and rebellion, against our said lady the queen, within this kingdom of Great Britain, to raise and levy; and your said treasons, compassings, imaginations, and intentions, to fulfil and bring to effect, you the said George Purchase, after wards, that is to say, the said first day of March, in the ninth year aforesaid, in the said parish of St. Giles in the Fields, in the county of Middlesex aforesaid, by force and arms, against our use of. For in the reign of queen Anne there was no such law, and no such argument could have been urged against his decision. Thus one main position of it, wherein he asserts, that the arguments were the same as those formerly used by Hale, and held insufficient, totally fails. And here I may call in aid an opinion of Mr. Justice Foster, upon a case of the same kind. It is upon the question of words being held treason in certain cases: Upon which he writes, that Hale's reasoning upon statutes which had made the words only felony, was unanswerable. (Disc. p. 201.)" VOL. XV. "The indictment against Purchase and Dammaree for pulling down meeting-houses, charged that they, with a multitude to the number of 500, to the jury unknown, armed and arrayed in a warlike manner with clubs and staves, and other arms offensive and defensive, levied war against the queen. No exception was taken to the indictment by Dammaree's counsel: but on behalf of Purchase it was objected, that there ought to have been an overt act laid of the treason; because there being such a variety of facts which amount to levying war, if the particular facts intended to be brought forward against the prisoner were not alleged, he could not know how to make his defence. But it was resolved by all the judges, upon conference, that the indictment was good, and that levying war being an overt act of itself, no other overt act need be alleged. They agreed, however, that it ought to appear sufficiently upon the indictment that a war was levied, and that they appeared in such warlike manner; and that an indictment generally that A. levied war is not good. The indictments in Benstead's case, and in the case of the Apprentices for pulling down bawdy-houses, were framed as this is. And they all resolved that the stat. 7 W. 3, did not make the laying an overt act necessary where it was not so before." East's Pleas of the Crown, chap. 2, sect, 54. 2 N Jord chief justice of her majesty's court of Queen's Bench; the right hon. sir Ed ward Ward, knt. lord chief baron of her majesty's court of Exchequer; the hon. Robert Tracy, esq. one of the judges of the court of Common Pleas; the hon. sir Thomas Bury, knt. one of the barons of the Exchequer, and a numerous company of the nobility, and persons of quality and distinction. Cl. of Arr. Crier, make proclamation. ge Cl. of Arr. Again, again. Crier. O Yes, O Yes. All manner of persons that have any thing more to do at this neral sessions of the peace, sessions of Oyer and Terminer, holden for the city of London, and gaol delivery of Newgate, holden for the city of London and county of Middlesex, and adjourned over to this day, draw near, and give your attendance, for now the Court will proceed to the pleas of the same city and county.-God save the Queen. Cl. of Arr. Middlesex Crier, make proclamation. Crier. O Yes, O Yes. You good men of the county of Middlesex, summoned to appear here this day, to try between our sovereign lady the queen, and the prisoners that shall be at the bar, answer to your names as you shall be called, every man at the first call, upon pain and peril shall fall thereon. Then the Jury that were returned on the pannel, were all called over, and the appearances of all those that answered to the call, were recorded. Cl. of Arr. Set Daniel Dammaree to the bar.-(Which was done.) Cl. of Arr. Daniel Dammaree, hold up thy hand. (Which he did.) - Cl. of Arr. You the prisoner at the bar, these good men, whom you shall hear called, and do now personally appear, are to pass between our sovereign lady the queen and you, apon trial of your life and death. If there fore you will challenge them, or any of them, your time is to speak to them as they come to the book to be sworn, and before they be sworn. Cl. of Arr. Call sir Edward Gould, knt. Cl. of Arr. (To the prisoner.) There is sir Cl. of Arr. Then hold sir Edward Gould the book.-(Which was done.) Cl. of Arr. Look upon the prisoner.-You shall well and truly try, and true deliverance make between our sovereign lady the queen, and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to your evidence. So help you God. Cl. of Arr. Richard Browne, esq.; (He was sworn.) Cl. of Arr. Cryer, Count these.-Sir Ed ward Gould, knt. Cryer. One, (and so of the rest.) Cryer. Twelve good men and true, stand together, and hear your evidence.-Are you all sworn, gentlemen? Cl. of Arr. Cryer, make proclamation. Cryer. O Yes, If any one can inform my lords the queen's justices, the queen's serjeant, the queen's attorney-general, or this inquest now to be taken, of the high treason of which the prisoner at the bar stands indicted, let them come forth, and they shall be heard, for now the prisoner stands at the bar upon his deliverance; and all others that are bound by recognizance, to give evidence against the pri soner at the bar, let them come forth, and give their evidence, or else they forfeit their recognizance. And all jurymen of Middlesex that have appeared, aud are not sworn, may depart the Court for this time, and give their attendance here again to-morrow morning. Cl. of Arr. Daniel Dammaree, hold up thy hand. (Which he did.), Gentlemen of the jury, look upon the pri soner, and hearken to his cause. He stands late of the parish of St. Clement-Danes, in the indicted by the name of Daniel_Dammaree, having the fear of God before his eyes, but county of Middlesex, labourer, for that he not the devil, &c. (prout in the indictment, mutatis being moved and seduced by the instigation of mutandis,) against the peace of our sovereign lady the queen, her crown and dignity, and against the form of the statute in that case made and provided. Upon this indictment he has been arraigned, and thereunto hath pleaded Not Guilty, and for his trial hath put himself upon God and his country, which country you are. Your charge is to inquire whether he be Guilty of the high-treason whereof he stands indicted, in manner and form as he stands indicted, or Not Guilty. If you find him Guilty, you are to enquire what goods and chattels, lands and tenements he had at the time of the high-treason committed, or at any time sithence. If you find him Not Guilty, you are to enquire whether he fled for it: if you find that he fled for it, you are to enquire of his goods and chattels, lands and tenements, as if you found him Guilty. If you find him Not Guilty, nor that he fled for it, you are to say so, and no more, and hear evidence. your Foreman of the Jury. My lord, here is such a great noise in the Court, that unless a stop 549] for High Treason. be put to it, we shall not be able to hear the counsel, or the evidence: we humbly pray the Court may be kept quiet. L. C. J. Officer, make proclamation of silence. Cryer. O Yes, My lords, the queen's justices strictly charge and command all manner of persons to keep silence upon pain of imprisonment. L. C. J. Gentlemen of the queen's counsel, be pleased to proceed. Then William Thomson of the MiddleTemple, esq. (afterwards recorder of London, and baron of the Exchequer,) of counsel for the queen, opened the Indictment thus: Mr. Thomson. May it please your lordship, and you gentlemen of the jury, Daniel Dammaree, the prisoner at the bar, stands indicted, for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, and designing to withdraw the cordial love and natural obedience, which true and faithful subjects of our sovereign lady the queen do, and ought to bear towards her, and intending to disturb the peace and common tranquillity of this kingdom, on the first of March last, in the parish of St. Clement Danes, in the county of Middlesex, traiterously compassed and imagined to levy war, and stir up rebellion and insurrection against our said lady the queen within this kingdom: and that he might accomplish his said traitorous imaginations and designs, on the said first of March, and in the said parish being assembled, with a multitude and great number of people armed, and arrayed in a warlike manner, he did then and there unlawfully and traitorously levy war against our said lady the queen, contrary to the duty of his allegiance, against the peace of our said lady the queen, her crown and dignity. To this indictment he has pleaded Not Guilty. Gentlemen, if the evidence for the queen prove the Charge, as laid in the indictment, it is your duty to find him Guilty. That there has been an insurrection within this county, not only in the place mentioned in the indictment, but in other places, I believe is so well known to all here, that it would be misspending time to call many witnesses to that matter. But it will be incumbent on us, now the prisoner stands on his trial, to shew what particular part he had in this business; and therefore we shall call many witnesses to prove what part he bad in this affair: and if they give the same account that they have given in their informations, we shall make it appear that the prisoner at the bar was the ring-leader of those tumultuous and rebellious persons, that assembled the first of March last; first to pull down the meeting-houses in the neighbourhood, and after burning them, went on to pull down others. The immediate design which they pretended was, the pulling down the meeting-houses, that is, those places which are allowed to such as are unhappy enough to dissent from the Church of England, to meet in for their religious worship. Whether Mr. Burgess has given any offence to the prisoner, or whether any of the congregation have given him any offence, we shall hear from himself; but no provocation can justify such rebellious tumults as were made on this occasion: the pretences that are mentioned, will not excuse what the law makes bigb-treason. It will be in vain for the prisoner at the bar, or any person in his circumstances, to pretend that he is a friend to the government, or a guilty of high-treason. The prisoner at the loyal subject, when his actions shew he is bar stands doubly obliged to bear faith and true allegiance to her majesty, not only as all menial servant to her majesty, for you will find good subjects are obliged to it, but as he is a that he was, at the time he committed this badge, whilst he was thus acting in rebellion treason, in her own cloth, wearing her own against her. about. You will find, this was not only talked of, but put in execution,* by the prisoner, and That this tumultuous meeting was not accidental, will appear, when the witnesses shew, that some days before this, there had been Att. Gen. May it please your lordship, and great disorders in the streets and the night you gentlemen of the jury, the record that has before, you will find by our witnesses, that a been opened to you is an indictment of high- great disorderly tumult was in the Temple, treason against the prisoner at the bar: it and there it was resolved upon, by those tucharges him with disturbing the general peace multuous persons, that the night following and quiet of the realm, and inciting rebellion they would pull down Dr. Burgess's meetingwithin your county. The crime that this in-house, and all the other meeting-houses theredictment is founded upon, has in all ages and countries been accounted the highest crime that can be committed against any state, or government. The laws of England are very express, that if any man takes himself to be aggrieved by any law whatsoever, and endeavours by force to seek redress of those grievances, or to get any reformation of those things he complains of, and this against the civil authority, it is levying of war, and is high-treason within the statute of the 25th of Edw. S. *This outrage Swift thought fit to commemorate with much baseness in one of his hired performances of time-serving scurrility. In his letter to the excellent bishop Fleetwood, he perverts the bishop's expression of regret that "the places of Divine Worship had not been spared by the spirit of discord," and with a puny despicable affectation thus elegantly comments upon his own perversion. "How others with him: for, the first of March, they saw the prisoner, and about 500 others, with staves, and clubs, and other weapons, in the indictment mentioned, both offensive and defensive; there they were levying war, as the law expounds it. And though the darkness of the night would otherwise have concealed him, yet the fire they made in Lincoln's-Inn-Fields, with the materials of that meeting-house, did afford light enough for the witnesses to give an account of the prisoner: how he seemed more forward than all the others; and that he was not content with doing the mischief he designed there, but afterwards, as head of the mob, commanded them to go and assist at another, and they went with him, through Queen-street, to Drury-lane, to another fire, that was made by another company. We shall shew, that it was not only at these two places, but that it was a general design, to pull down all the meeting-houses at that time. | And when we have made out this general intention, and that it was executed in this manner, we do not doubt, but you will all be sensible, that this prosecution was very requisite: For it is the interest of every honest man to put an end to these tumults and disorders, be their opinions what they will. It is the interest of all people (in order to enjoy what God has blessed them with, be it more or less) to put an end to these disorders: For these are like the great tumults of waters, that bear down all before them. Wherever these things are, all the burglars and robbers, and such people, join with them to do mischief. We will call our witnesses, and give an account of what relates to the prisoner, and they will make it appear, that he was chiefly concerned in this insurrection; and not only acted in Lincoln's-Inn-Fields, but in other places. Sol. Gen. My lord, the facts that have been opened by Mr. Attorney, we take to be fully and plainly rebellion, and high-treason: I shall not therefore trouble your lordship with saying pathetically does your lordship complain of the downfall of whiggism, and Daniel Burgess's meeting-house! The generous compassion your lordship has shown upon this tragical occasion makes me believe your lordship will not be unaffected with an accident that had like to have befallen a poor whore of my acquaintance about that time, who, being big with whig, was so alarmed at the rising of the mob, that she had like to have miscarried upon it; for the logical jade presently concluded (and the inference was natural enough) that, if they began with pulling down meeting-houses, it might end in demolishing those houses of pleasure where she constantly paid her devotion; and, indeed, there seems a close connexion between extempore prayer and extempore love. I doubt not, if this disaster had reached your lordship before, you would have found some room in that moving parenthesis, to have expressed your concern for it." Swift's Works, vol. 6, p. 92. any thing more of the facts, but only shortly state the course of our evidence. We shall shew that there was a design, the day before these meeting-houses were pulled down, to pull them down: That the next day that design was put in execution: That the prisoner was the most active among them, and took upon him to be the leader, and captain of the mob, on that occasion. And if this be made out, I hope it will give your lordship, and the jury, full satisfaction, that he is guilty of the crime laid to his charge in this indictment. -Call Thomas Tolboy. (Who was sworn.) Att. Gen. Pray, give my lord, and the jury, an account what you know of the design and intention of pulling down meeting-houses, and when, and where it was. Tolboy. My lord, I was passing through the Temple, on Tuesday night, where I saw a great mob: I heard them consult of demolishing the meeting-houses the next day. Att. Gen. What meeting-houses did they talk of? Tolboy. It was Mr. Burgess's in Lincoln's. Inn-Fields. Att. Gen. Was you among them? Tolboy. No; I was passing through the Temple, and heard them talking as I passed. Sol. Gen. How many were there together at that time? Tolboy. I believe there were some thousands. Sol. Gen. When were they to be pulled down? Tolboy. Some were for pulling of them down then, and some were for leaving of them until the next night, and others were for leaving of them alone, until the event of Dr. Sacheverell's trial. Sol. Gen. What was the occasion of the meeting of that mob that talked of this? Tolboy. I do not know that. Sol. Gen. Do you know that that meeting. house was pulled down? Tolboy. Yes, I know it was pulled down. Solen. Did you see it?e it, I only heard Tolboy. It was loud. Mr. Whittaker. How came you not to give information of it to some magistrate? Tolboy. It was known before; they had broke the windows the night before. Mr. Darnell. Do you know any particolar person that expressed himself for pulling down the meeting houses ?-Tolboy. No. Mr. Darnell. Who then did you hear say there was such a design? Tolboy. I heard several. Mr. Darnell. Then you do not know any one ?-Tolboy. No. Mr. Darnell. Then you only express your◄ self, that you heard the mob say so? Att. Gen. We do not call this witness to speak in particular against the prisoner, but to shew, that these people resolved among themselves, to pull down the meeting-houses. L. C. J. You say you was passing through; did not make any long stay, did you? Tolboy. No, my lord. you L.C.J. Were they come to a conclusion of the discourse of pulling them down? Or did you leave them talking of it? Tolboy. I left them talking of it. Sol. Gen. He said there was an intimation of it on Monday night, I desire to know how he knew or heard of it? Tolboy. You know the windows were broke on Monday night. Sol. Gen. Did you see them? Tolboy. It was a man that lives in the house with me. Lord Chief Baron. What were they met about? Tolboy. They were the mob that accompanied Dr. Sacheverell home to the Temple. Then Captain Edward Orrel was sworn. Att. Gen. Pray look on the prisoner at the bar, and give an account of all you know of this riot, and how he was concerned in it. Orrel. My lord, I heard there were several disturbances on Monday night: on Tuesday night I was at a coffee-house, where there were several housekeepers: when I was there, there was news brought, that they had pulled down Mr. Burgess's meeting-house. We fer to do him what service I could, though I do not belong to him. When we came first, my friend was fearful: said I, I will go into the meeting-house. I met several that assaulted me, and made me pull off my hat. When I came into the meeting-house, I saw them pulling it down; several gentlemen, in very good habits, I believe 20 or 30, were busy in pulling down the pews; and I observed a little man in the pulpit very busy, pulling it down: I took particular notice of him, but could not see him among the prisoners that have been taken. 1 came out, and told my friend, that it was all destroyed. We staid a little while at the corner of the street, and then I went in again: I went in several times, till some of them, that were pulling up the boards, swore at me, and said, Damn him, what does that lazy fellow do? And I believe, they took me for a spy. I went again to the coffeehouse, and gave this account to my neighbours, and presently news was brought, that they were gone to several other meetings. went out again, and went round by Fetterlane. I saw the constable and the watch were very much insulted. I spoke to the constable: he said, I wish I could do any service; but we have our lives in their hands; we dare not do any more, we have been so much abused. I went into Holborn, and saw the fire lighted, and went round at a distance, and saw several pieces of timber thrown into it. From thence we went again to Lincoln's-inn-fields; there I heard some asking, which was the lord Wharton's house? Others said, St. James's: no, said others, The city, the city, the bank : damn them, says another, we will have all the meetOrrel. The mob that came with Dr. Sache- ing-houses down. We walked down that row verell. Pray, says I to Mr. Leonard, who where sir Francis Child's son's house is, and keeps the coffee-house, (he is one of that con- went towards my lord chancellor's house: I gregation) pray step up and see the truth of it, saw a chariot standing at his door; said I to and whether you can do him any service: you my friend, I believe here is somebody from will find his son, and, perhaps, he will put you court, I hope there will be some guards come into a way to put a stop to it. He went up to down by and bye. When I was there, I halted Mr. Burgess's, and found that they had broke a little, and observed a small body of the mob the windows of his house, and meeting-house; detached from that fire; they run after one and after they had done that, they went off. another, cross the fields: I observed a pretty From thence he went to Mr. Burgess's son, tall man at the head of them; I kept my eye and, I suppose, he went to the secretary of on that party. In the middle of the field they state. On Wednesday I went to Westminster- grew stronger, and then they divided themball, with some neighbours, and went into Oli- selves; some went towards the arch, but more ver's coffee-house, where I staid some time, towards Powis house: I went towards those at and afterwards saw her majesty return through Powis house, and there I saw Dammaree the park to St. James's. There were several in the queen's livery, with his badge; and papers dispersed about a prize-fighting; I there they held a council of the mob, as 1 thought they had been the common papers that called it. God damn it, says Dammaree, we are dispersed about such prizes, but I found it will have them all down. Some were for gowas about a prize between Sacheverell and ing into Wild-street; Damn it, says another, Hoadly. When I returned, I went to the same that is a hen-roost, the other is worth ten of it: coffee-house, and when I had been there about says Dammaree, I'll lead you on, boys; huzhalf an hour, heard that the mob were gone za! high church and Sacheverell! God damn from the Temple to Mr. Burgess's meeting; them all, we will have them all down. Some says I, to some of my friends there, I will stay of them turned off towards Wild-street, and no longer here; the least we can do, is to en-others towards Powis-house. Dammaree, and deavour to keep the peace: I will go up, and see what is doing. Accordingly I went, and one friend with me: I went to the house, to of Att. Gen. Who? the mob with him, went through Queen-street, and once in ten or twelve yards, he turned about, Huzza! Why don't you come on, boys, |