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in the 9th year of the reign of our said sove- | quer of our said lady the queen, sir Richard reign lady queen Anné, &c. before, &c. it is Levett, knight, sir William Withers, knight, presented, That George Purchase, late of the aldermen of the city of London, Richard Riparish of St. Clement Danes, in the county of chardson, esquire, one of the serjeants at law, Middlesex, labourer, not having the fear of God and others their companions, justices of our in his heart, por weighing the duty of bis alle- said lady the queen, assigned to deliver the giance, but being moved and seduced by the gaol of our said lady the queen, of Newgate, of instigation of the devil, entirely withdrawing the prisoners being in the same, did deliver here the cordial love, and the true, due and natural with their own proper bands, in the court of reobedience, which true and faithful subjects of cord, in form of law, to be determined, &c. and our most serene and illustrious princess, our so- thereupon, at the said delivery of the gaol of vereigo lady Anne, by the grace of God, of our said lady the queen, of Newgate, holden Great Britain, France and Ireland, queen, der for the said county, at Justice-ball aforesaid, fender of the faith, &c. ought, and of right are the said Monday the 17th day of April, in the bonod to bear towards her our said sovereign 9th year aforesaid, before tbe said justices of lady the queen, and conspiring, and with all his our said lady the queen last named, and others strength intending to disturb the peace and their companions aforesaid, the said George common tranquillity of this kingdom, the first Purchase came under the custody of sir Richard day of March, in the eighth year of the reign Hoare, knight, and sir Thomas Dunch, knight, of our said lady the queen, in the parish of St. sheriff of the county aforesaid, (to wbose cusClement Danes aforesaid, in the county afore- tody, for the cause aforesaid, he was before said, did traitorously compass, imagine, and in committed to the said gaol of Newgate) being tend to levy and raise war, rebellion and insur brought to the bar here in his own proper person, rection, against our said lady the queen, within who is committed to the aforesaid sheriff, &c. this kingdom of Great Britain ; and to com and immediately being asked concerping the plete and effect his treasonable imaginations high treason aforesaid, in the said indictment and intentions, he the said George Parchase, above specified, charged upon him as above, in on the said first day of March, in the eighth wbat mapper he would acquit himself thereof, year aforesaid, with force and arms, &c. in the the said George Purchase saith, that he is pot said parish of St. Clement Danes, in the county guilty thereof, and of the good and bad thereof aforesaid, against our sáid lady the queen, bis putteth bimself upon his country. Therefore true and undoubted sovereign, with a multi-l let a jury immediately come before the said tude of people, to the said jurors unknown, to justices of our said lady the queen last menthe number of 500 persons, armed and arrayed rioned, and others their companiuns bere, &c. in a warlike manner, to wit, with swords, staffs, by wbom, &c. and who, &c. to take cognizance, and clubs, and other weapons, as well offensive &c, and the jurors of that jury by the said sheas defensive, unlawfully and traitorously then riff for this purpose impannelled, that is to say, and there assembled, and gatbered together, | Thomas Sutton, John Furness, John Parsons, did traitorously ordain, prepare, and levy open Joseph Parsons, William Hargrave, John war against our said lady the queen, against Meard, Edward Boswell, Robert Breakspear, the duty of bis allegiance, against the peace of | Richard Beatkoite, Richard Hazzard, Francis our said lady the queen that now is, ber crown Higgins, and Humphry Newman, being called, and dignity, and agaiast the form of the statute appeared, who being chosen, tried, and sworn in that case made and provided.

to speak the truth of apd upon the premisses Wherefore the sheriff of the county afore- aforesaid, upon their oaths do say: said was commanded, that be should not omit, That upon the first day of March, in the &c. but that he should take the aforesaid George eighth year of the reign of our lady Anne, Purchase, if, &c. to answer, &c. which said queen of Great Britain, &c. that now is, a malindictment, the said justices of our said lady titude of men, and a great concourse of people, the queen, appointed by the letters patent of to the number of 500 persons, armed and our said lady the queen, under her great seal as arrayed in a warlike manner, to wit, with aforesaid, afterwards, to wit, at the gaol-deli. | swords, staffs, clubs, and other arms, as well very of our lady the queen, of Newgate, holden offensive as defensive, did yolawfully and traifor the county of Middlesex aforesaid, at Jus- | torously assemble and meet together in the tice-hall in the Old Bailey, in the suburbs of parisb of St. Clement Danes, in the county of the city of London, on Monday the 17th day of Middlesex, voder colour and pretence of pullApril, in the aforesaid 9th year of the reign of ing down and rifling the houses called meetingour said lady Anne, queen of Great Britain, &c. houses, allowed and approved for the assem-, before sir Samuel Garrard, barouet, lord mayor bling of the Protestant subjects of our lady, of the city of London, sir Thomas Parker, the queen, dissenting from the Church of Engknight, lord chief justice of our lady the queen, land, to perform divine worship, according to assigned to hold pleas before the queen herself, the direction of an act made in the parliament sir Edward Ward, knight, lord chief baron of the Exchequer of our said lady the queen, Ro- ! * N. B. No issue joined. See 4 Burr. 2085, bert Tracy, esquire, one of the justices of the R. v. Royce, and Leach's Hawkins's Pleas of bench of our said lady the queen, sir Thomas | the Crown, book 2, c. 38, s. $. See also the Bury, knight, one of ihe barops of the Exche- Case of Major Oneby, A. D. 1713... , ...,

of our lord and lady William and Mary, late , further say, that whilst the said persons as. king and queen of England, &c. in the first sembled and gathered together as aforesaid, did year of their reign, intituled, 'An Act for ex- burn the materials of that house in the street icmpting their majesties Protestant subjects aforesaid, called Drury-lane, the said George

dissenting from the Church of England from Purchase, in tbe indictment aforesaid menthe penalties of certain laws,' and with intent tioned, came there, and with his sword drawn to pull down and rifle the same houses ; and did then defend the said people, and did greatly that several such houses in a street called encourage them to burn the materials of the Fetter-lane, and in a certain place called Lin- said house; but the said George Purchase, coln's-inn-fields, and in other places in the before that time, was not present with the said. county of Middlesex, were rifled by the people people, and at that time was much in drink: so as aforesaid assembled avd gathered toge- and the said jurors, upon their oaths aforesaid, ther; and that the seats and pulpits, and other further say, that the guards of our sovereign. materials belonging to the said houses, were lady the queen, theu and there coming by the pulled down, and burnt, and consumed with command of our said lady the queen, to disperse fire, in open places within the said county, the the concourse of people aforesaid, and to suppeople there present greatly rejoicing, shout- press that insurrection in the said street called ing, and hallooing: and the said jurors, upon Drury-lane, the said George Purchase did their oaths, do further say, that a great part then and there incite the people, then, as aforeof the said persons, to the number of 300 said, burning the materials of the said house, persons of that concourse of people, who, as to resist the said guards, and did make an aforesaid, had rifled the said house, in the assault in and upon the captain of the said place aforesaid called Lincoln's-inn-fields, and guards, with his sword drawn, and with his bad burnt and destroyed with fire the materials said sword did strike several horses of the said therein, being led from thence by one Daniel guards, and being admonished by one then and Damomaree, proceeded towards a certain street, there present, that whoever resisteth the guards in the county aforesaid, called Drury-lane, of our lady the queen resisteth also the person ballooing and crying out, that they would pull of our said lady the queen; be then and down and level with the ground all the said there, by way of answer, said, Are you an bouses allowed and approved as aforesaid for enemy to Sacheverell? And that the said the assembling of the Protestants dissenting George Purchase advanced before the said from the Church of England, for divine wor people following, be the said George led them ship; and that in their march aforesaid, it was against the guards aforesaid, ballooing, and then debated among them, which house of the crying out in the following words, that is to said houses they should next pull down and say, I am for High-Church and Sacbeverell; rifle, some of them, at that time, proposing to come on, boys ; I will lose my life in the their fellows the polling down and rifling a cause, and will fight the best of them : and certain bouse of that kind, situate and being the jurors aforesaid, upon their said oaths, do in a street, called Wild-street, in the county further say, that the general cry of the people aforesaid; but others advising the pulling down aforesaid, at all the several places aforesaid, and rifing another house of that kind, situate whilst they rifled the said several houses, as is in the street aforesaid, called Drury-lane, for before set forth, and burnt the materials of this reason, that the said house, situate in the the same, was universally, High-Church and street aforesaid, called Wild-street, was mean,

Sacheverell. and of no value, and that house situate in the But whether, upon the whole matter afore. street aforesaid, called Drury-lane, was very said, found by the said jurors in form aforeconsiderable; whereupon, it was agreed be said, it shall appear to the justices, and the tween them, that they would next pull down court here, that the aforesaid George Pur.. and rifle the said bouse, situate in the street chase be guilty of the high-treason aforesaid, aforesaid, called Drury-lane; and thereupon in the said indictinent specified, in manner and they went to the said street, being led by the form as by the said indictment is supposed, or said Daniel Dammaree, (the said Daniel | not, the jurors aforesaid are entirely ignorant, Dammaree at that time greatly exciting and and therefore desire the advice of the justices, encouraging the people to follow bim) shout- and of the court here; and if, upon the whole log, and crying, Hüzza ! High Church and matter aforesaid, found by the said jurors, in Sacheverell! and declaring that they would form aforesaid, it shall appear to the justices, pull down all the houses allowed, as aforesaid, and to the court here, that the said George to the Protestants dissenting from the Church Purchase is guilty of the bigh-treason afore. of England, for religious worship ; and did said, in the said indictment specified, in manner then break and rifle the said house, in the and form as by the said indictment is supposed, Street aforesaid, called Drury-lane, and did then the said jurors, upon their oaths, do say, ben bring out the seats, pulpit, and other ma-tbat the said George Purchase is Guilty of the terials thereto belonging, into the public street, high-treason aforesaid, in the said indictment Where to be burnt, and afterwards did consume specified, in manner and form as by the said, bem with fire in the same public street, and indictment against him is supposed ; aud that,

the same manner as the rest were consumed. he, at the time of the high-treason aforesaid, And the jurors aforesaid, upon their oaths, had no goods or chattels, lands or tenements,

to the knowledge of the jurors aforesaid ; but Break prisons generally, if, upon the whole matter aforesaid, found by Pull down bawdy-houses. the said jurors in form aforesaid, it shall And in all these cases the persons concerned appear to the justices, and to the court here, therein, though they had no ill intention against that the said George Purchase is not guilty | the person of the king or queen, bave been beld of the high-treason aforesaid, in the in guilty of levying war against the king or dictment aforesaid specified, in manner and queen.t For these insurrections are of a form as by the said indictment against him is public nature, and invasions of the royal au. supposed; then the said jurors do say, upon thority. I Aud this insurrection, with intent to their oaths aforesaid, that be the said George pull down meeting-houses tolerated by law, is Purchase is not guilty of the high-treason of a more public nature and concern than aforesaid, in' the indictment aforesaid specified, many of those, and a higher violation of the in manner and form as he the said George public peace; and therefore is, in the eye of Purchase, for himself, by pleading, hath al- the law, rebellion, and levying war against her Jedged ; nor did he ever withdraw himself for majesty. the occasion aforesaid : and because the said As to the particular case of Purchase, the justices and this court are not yet advised of prisoner at the bar, three of the judges, my giving their judgments of and upon the pre- / lord chief-justice Trevor, my brother Powell, misses, therefore a day is given to the said and brother Price, are of opinion, that as this George Purchase, to the next gaol-delivery of verdict is found, he is not guilty of highNewgate aforesaid, for the county of Middle- treason. sex aforesaid, to be detained in the gaol afore But all the rest of the judges are of opinion, said, under the custody of the sheriff afore- that upon this verdict he is guilty of highsaid, in the mean time, safely to be kept, &c. treason. to hear their judgment of and upon the pre- For this insurrection, with an intent to pull mises aforesaid, because the said "justices and down the meeting-houses, being high-treason, this court are not yet, &c.

that is, being a rebellion, and in the eye of

the law a levying war against her majesty; The following is the ARGUMENT of the

It appears, that the design of this rebellion

was to pull down and rifle meeting-houses; CHIEF JUSTICE, written with great clear

that the manner of executing that design was ness of stile, and strength of reason. |

by pulling down the pulpits, pews, and other [Former Edition.]

materials of the meeting-houses, and burning As to Dammaree and others, who pulled them with great triumph in public places; and down or rifled meeting-houses, it is the unani- when they had burnt the materials of one, then mous opinion of all the judges, that they were to go on to another. guilty of high-treason; and the species of that It appears, that when Purchase came to the treason is, the levying war against the queen. persons engaged in this design, they were still

For, when a multitude is assembled, and continued assembled upon the same design; force used, not for any private end or revenge, and though the pulling down of the meeting but upon a pretence which is public and ge- house in Drury-lane were over, it only had the neral, it has in all ages been adjudged a levy preference of that in Wild-street, their whole ing war against the crown, and high-treason. work of pulling down meeting-houses was not

Several cases have been at several times, in over, the whole design of this rebellion was not the reigns of Henry 8, queen Elizabeth, king | yet accomplished, but they were proceeding in Charles 1, and king Charles 2, under the con- the method in which they had begun, and were sideration of the judges; and particularly so, burning the materials of this meeting-house in if a multitude assembled with an intent, Drury-lane, and when that was done, they And actually with force attempt,

would be at liberty to go on to another, and so To remove evil counselors,

on till all should be finished, and all the meetSurprize a privy-counsellor,

ing-houses destroyed : so that their rebellion Lay violent bands on a magistrate, was then continuing. Expulse strangers,

Purchase comes up to them, joins them that Alter laws,

were thus engaged in an act of rebellion; not Make reformation,

s only encourages them to burn the pews and Set price on victuals,

pulpit, but draws his sword in defence of these Inhance salaries or wages,

rebels, then, in the eye of the law, ip war Pull down inclosures. [if the design against their queen: and when the guards

be general ;* and not only for a pri- came, by her majesty's special command, to vate revenge to redress a private disperse them, that is, to stop this rebellion, injury.]

+ See Leach's Hawkins's Pleas of the Crown, • See Luders's observations on the doctrine book 1, c. 17, s. 25. of generality or universality as stated bere, I See Luders p. 18. And qu. of the Royal and by Foster and Blackstone. Considera | Authority thus alleged to be invaded. See also tions on the Law of High Treason, &c. ch. 2, | the Note to the summing up in Dammaree's p. 88,

Case ante, and Luders as there cited.

another.

and put an end to this war, he actually en- into the real design, but yet all that join in it gages the guards, makes a pass at the captain are guilty of the rebellion.* of the guards, and pokes at other of their It is not for a man to fight for persons achorses; and so did all in his power to keep this tually in rebellion, and say, he meant indeed to rebellion on foot, in opposition to her majesty's break the peace, but did not design high treaforces : and when a person joins binself to son; he should have thought of that before he those engaged in rebellion, and fights in de- joined those he saw engaged in an unlawful fence of them, while they are in the act of re- act; if he will kpowingly break and contemn bellion, this we think, involves bim in the guilt the laws, he must be content to suffer the same of this rebellion; and, by thus doing, he is one punishment with those he had joined in breakof those that wages war against the queen. ing them.

It is not indeed found in express words by the And this is no new point; this was the opiverdict, that he aided and assisted these rebels, nion of all the judges of England, in the case but it is found in effect; for it is found that he of the earl of Essex, and earl of Southampton, defended them with bis drawn sword, and he io queen Elizabeth's time; the earl of Essex foaght against the guards that were sent to having a design to remove some of the coundisperse them : nay, here is more found than sellors from about the queen, and marching aid and assistance implies; for a man is pro with several armed men for that purpose : all perly said to be aiding and assisting those that the judges held, that all that went with him make war, if be supply them with arms or out of his house, and so adhered to the earl of provisions, or otherwise contributes to their as. | Essex, who was guilty of high treason, were sistance, though bimself is at a distance; but themselves guilty of high treason too, thougla here, with sword in hand, he is found actually they knew not his intent. to attack the guards, and so himself joins in making war, and is more properly an actor, than ap aider or assister.

Purchase received her majesty's most It is not found in the verdict, that he knew gracious pardon. of the intent to pull down meeting-houses, and We take it not to be necessary.

* « Joining with rebels,” (says Mr. East) 1. Here is matter found, that carried a vio. " freely and voluntarily, in any act of rebellion, lent presumption that he did know it.

is levying war against the king ; and this too The notoriety of the pulling down the meet- though the party was not privy to their intent. ing-houses in so public a manner; his joining This was bolden in the case of the earl of to such a tumultuous assembly; bis encou- Southampton, and again in Purchase's case in raging them to burn the materials; his eager- 1710. But yet it seems necessary in this case, Dess in defending this assembly; his using the either that the party joining with rebels and iga word, which appeared to be the watch-word at norant of their intent at the time, should do all the several meeting-houses, High-Church some deliberate act towards the execution of and Sacheverell, declaring himself to be for their design, or else should be found to bave High-Church and Sacheverell, which, if it had | aided and assisted those who did. Therefore, no other meaning, was yet the cant word of in the cases of Green and Bedell, who with these rebels; his taking upon him so far the others were indicted for levying war and pulling knowledge of the cause, that he declared be down bawdy-houses and opening prisons, it would lose his life for it; and using that as an being only found that they were present, and inducement, when he called on the people that not finding any particular act of force comwere engaged in the cause of pulling down mitted by them, or that they were aiding or meeting-bouses, to follow him against the assisting to the rest, which is a fact that must guards, seem very strongly to import his know- be found by the jury, and cannot be implied, ledge.

they were discharged. And if the acts of those 2. We are of opinion, that if a man know- who suddenly join an insurrection, being ignoingly join with others in breaking the peace, rant of their design, appear to be more inconsiand actually fights the guards in their defence; derate than wilful or mischievous, such as if in that breach of the peace they were rebels, throwing up their hats, or hallooing with the be is so too, whether he knew them to be so or mob, this will fall under the same lenient connot.

sideration." Pleas of the Crown, chap. %, la rebellions it is frequent that few are let sect. 15.

446. Proceedings against William Whiston, for publishing

divers Tenets contrary to the Established Religion: 10 Anne, A. D. 1711.

[The following Address, and Opinions, being rect the said printed Preface to the convocation authentic, are, it is conceived, of impor

now assembled.

And whereas we take ourselves to be both tance enough to give them a place in this

bound in duty to God, and to bis holy truths, Collection. The Address was presented and in obedience to your majesty's pious intenby the Lord Bishop of Litchfield and Co. tions signified to us with your gracious licence, ventry,* and the Lord Bishop of Ely,t

to repress the said blasphemy: and also obliged

in vindication of our firm adherence to the April 17, 1711. Former Edition.]

true faith, and for the preservation of the same To the Queen's most Excellent Majesty,

in the members of our communion, to call the

said William Whiston before us, in order either The Humble ADDRESS of the Archbishop to his amendment, or exclusion from the com

and Bishops of the Province of Canterbury, munion of the Church of England; but do yet . in Convocation assembled.

find ourselves hindered from going on, by some

doubts arising among ourselves concerming our May it please your Majesty,

power so to act and proceed : WHEREAS one William Whiston, a pres. For that the court of convocation being final, byter of the Church of England, and late pro- or the last resort, from which no appeal is professor of mathematics in the University of Cam yided by the statute made in the 25th year of bridge, who was, in October last, expelled the Henry the eighth, chap. 19, it may seem to be said University, for asserting and spreading doubtful how far a prosecution, witbout appeal abroad divers tenets, contrary to religion re. to the crown, will be consistent with the statute ceived and established by public authority in made in the first year of queen Elizabeth, chap. this realm, has, since that time, and a little be- 1, sect. 17, whereby all jurisdiction, and parti. fore the sitting of this present convocation, cularly for reformation of errors, heresies, and printed and published an Historical Preface to schisms, is united and annexed to the imperia) other writings of the same pernicious design, crown of this realm ; and also how far it will intended for the press, in which he has ad- be consistent with the statute of Appeals, made yanced several damnable and blasphemous as in the 25th year of Henry 8, chap. 19, which, sertions against the doctrine and worship of the in the course of the appeals directed to be ever-blessed Trinity: expressly contradicting henceforth made, doth not mention confocathe two fundamental articles of the Nicene tion. May it please your most gracious macreed; and defaming the whole Athanasian ;I jesty, out of your known zeal for the honour of and has bad the confidence to inscribe and di- God, and the good of his Church, to lay this

case before your reverend judges, and others * The celebrated and excellent Hough. whom your majesty in your wisdom shall think See the Case of Magdalen College, vol. 12, fit, for their opinion, how far the convocation, p. 1.

as the law now stands, may proceed in ex£• + Moore.

mining, censuring, and condemping such te . I “ The account given of Athanasius's nets as are declared to be heresy by the laws of Creed, seems to me no-wise satisfactory; Ithis realm ; together with the authors and wish we were well rid of it.” Archbishop Tillot- maintainers of them. son's Letter to Bishop Buroet, published in the Life of the latter.

| Upon this Address to the Queen, her Ma. Of this so much litigated Creed, Swift in bis jesty was pleased to refer the whole to the Sermon on the Trinity, says, “ Although it is Twelve Judges, and to her Attorney and So. useful for edification to those who understand licitor-General; who being several times asit, yet, since it contains some nice and philoso- sembled together, and debating the matter, phical points which few people can comprehend, came to the following Resolutions. the bulk of mankind is obliged to believe po more than the Scripture doctrine, as I have de

To the Queen's most Excellent Majesty. livered it; because that Creed was intended! May it please your Majesty ;-In humble only as an answer to the Ariaus in their own obedience to your majesty's royal command, way, who were very subtle disputers.” The signified to your judges by the right bonourable Council of Nice was held in the year 325: tbe lord keeper, we whose names are subAthanasius died in 373: I believe it is now very scribed have considered the questions mengenerally agreed by those, who bare studied tioned in the Address hereunto annexed, and the question, that the Athanasian Creed was are humbly of opinion, that since the statute ol not composed before the time of Hilarius, bi- 23d of Henry 8, against citing out of the shop of Arles, about the year 430.

diocese, and those statutes of the 24th and 25th

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