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 with mace and staff, were brought by rule into court, in the presence of lord Mansfield. The two chief magistrates, true and false, stared at each other, and reminded us of the two Sosias: but the true judge did not intimate a charge of high treason against his false brother; nor did the attorney general, who was there, direct an indictment of high treason to be preferred against him. He joined with the rest of the audience in a hearty laugh, and the offenders were dismissed with a sentence of close confinement in the King's-bench and other prisons, according to the degrees of their guilt. The ensign of authority, the mace, the overt act of usurpation and defiance, was wrapped up in a bag, and carried away by the tipstaff. One of the offenders in bis defence denied that he was an alderman; another urged the immemorial custom of the prison, yet professing to have but lately come there. The mayor would have made a long speech, to shew that he bad been acting for the public good of the prison. Lord Mansfield addressed these words to him, Your crime is the having acted as a 'court of justice, daring to assume a jurisdic'tion.' "If Mr. Justice Foster had been alive, and present in his seat, be must, consistently with his own principles, have thought him guilty of high treason; for the case had every one of the circumstances of his definition, in the case of Dammaree. It was levelled at the king's crown and royal dignity, (Discourses, pp. 211, 215,) --a rising to effect this end by force and numbers-for the reformation of real or imaginary evils of a public nature-a public declaration against the law of the land-and an attempt to render it ineffectual, by numbers and open force. "If a precedent is necessary to justify my argument, I can bring one from that prolific source of bad ones, the reign of Edward the second. Those judges and lawyers who supported the Tudor law of treason, would not object to it on that score. The sixth article of the impeachment of the Spensers, runs thus, "Whereas the earl of Hereford and lord Wigmore were directed by the king to make war upon Lewellyn Bren,-who surrendered 'himself to those lords at the king's grace and 'pleasure, and those lords promised him the 'same, and the king did so accept him--The 'said sir Hugh the father and sir Hugh the 'son, who had accroached royal power as abovesaid, took the said Lewellyn, and carried him 'to Cardiff-where conspiring together to exer"cise a jurisdiction which they could not lawfully have, they caused him to be hanged, 'drawn, beheaded and quartered, as a felon; thus taking on themselves royal power 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 jurisdiction, which belonged to the crown.' (Ruff head's Appendix, p. 17.) "There is a case in common practice, which furnishes a very pointed example, of the taking the laws and reformation out of the hands of the crown, by numbers and open force, which has never yet received the imputation of levying war against the king, though answering the description of the criminal law, as estab lished by the cases. It used to be frequently practised within sight of the king's palace, to the disturbance of his royal residence. How often have 2 or 300 persons been assembled in St. James's Park, for the purpose of ducking a pickpocket in the canal, before it was inclosed, which they accomplished in defiance of authority? What defence could be made to an indictment of high treason for this offence, if the case of Dammaree is to stand? The prisoner must rely on the illegal good sense of the jury, for his acquittal. Chief Justice Kelyng's address to the jury in Messenger's case, (Kel. 71) might be as well delivered on such trial, with a change of names: and if a dangerous rebellion should happen to have preceded it recently, might perhaps bring about a conviction of the offenders. "Thirdly, The doctrine is uncertain in its objects. "It is not possible to extract a rule of action for common life, which all laws ought to have in view, from a law so variously and capriciously expounded. The law of the land thus becomes a snare, and an irregular rule of right; which is one definition of tyranny. Can the most discriminating mind perceive a principle of connection, between the following actions? viz. To invade the kingdom with an army, and to raise a mob to pull down bawdy-houses: to change the established religion, and to pull down the places of worship of those who oppose it? (Lorsqu'on fait tant que de rendre raison 'd'une loi, il faut que cette raison soit digne d'elle.'-Esprit des Loix, liv. 29, ch. 16.) Unless it is that principle which sir M. Foster will not admit to be conclusive, of popular tumult and insurrection. For he allows that there may be insurrection without high treason. Although the secret motive of prosecution in the objectionable cases, will be found to contradict him, and to shew a desire on the part of the crown, to suppress opposition to the govern ment of the time.". "The attorney general in the case of Purchase, adds a charge of aggravation, to the war which the prisoner bad levied against the Toeration Act, at the bead of Sacheverell's mob, which goes farther than any of his predecessors. He considers a heavy part of the prisơ to Drury-lane? God damn them, we will have them all down. I called to him, and said, How now, Dammaree? He turned about, Huzza! Come along, boys: but he made me no answer. In this manner, he led them on from Lincoln's-inn-fields to Drury-lane, but I never saw him afterwards. By and bye comes a little fellow; I'll make way, says he; and with a pick-axe, which he had in his hand, endeavoured to break open the meeting-house door, and was working with it at the bottom. Afterwards, while he was working at the door, comes another man, one Henry Sanders, about my size, or a little higher; he had a hatchet in his hand he comes up, and swears, God damn you, you break open a meeting-house! you do not know how to do it; and, with the second or third stroke, he broke through. I stood close by him, laid my hands upon him, and looked upon him, while he broke open the door, and made the best remarks I could of him: I have seen most of the prisoners, but could not find him among them; but, at last, was informed, that be was apprentice to one Wallis, a sawyer, in Parker's-lane. [556 perse them, which they did; but were very favourable, and struck them with the flats of their swords. After this, a fellow drew his sword, and got under a bulk; I stepped up to him, and as soon as I came up, Sir, says I, what the devil are you doing? I saw two or three grenadiers strike him with the flats of their swords: he stood with bis drawn sword, and pricked at two or three horses, not so as to do them any harm. lating to that man, but tell us, did you see any life-guards to Blackfriars. guards at Drury-lane? guards, as I saw. Sol. Gen. Was there any to the grenadiers? sword drawn, and the officer assaulted, and he Orrel. There was opposition; for I saw a swore, God damn them, he would fight the best of them. Sol. Gen. Do you know of any other meet Att. Gen. It is no matter to give an accounting-houses that were pulled down that night? of him: I ask, when they had broke open the door, what did they do next? Orrel. I went into the meeting-house with them, and asked, Where is Jolly, the queen's waterman? Says one, he is gone to the backdoor: no, says another, he is gone to my lord Wharton's. But I never saw Dammaree after that. Sol. Gen. You say, he led them from the fire at Lincoln's-inn-fields? Orrel. I observed him first there, but did not know him, till they came near the arch, and there they consulted together, which way to go; and by that time they came to Druryjane, I believe there were 2 or 3,000 of them. Att. Gen. At Drury-lane, you say, there was a tumult of 2 or 3,000; pray observe the prisoner, and tell us, whether you are sure, that he is the man that headed the mob at the arch in Lincolu's-inn-fields, and led them to Drurylane?-Orrel. Yes, he is. Sol. Gen. What happened afterwards? did any guards come? and was there any opposition given to them? Or did they disperse themselves? Orrel. My lord, I was in Drury-lane half an hour and more. My friend had been some time in a house, and after we had heard all this noise, Well, says I, I will go to my neighbours at the coffee-house, and acquaint them what has happened. As we were going into Lincoln's-inn-fields we met a detachment of the horse guards: I went up to the captain; Sir, says I, this is the best way, through the arch, for there is a very great mob: I run back along with them. As soon as they came, at Great Queen-street. There came another they halted detachment of the horse-grenadiers, and met them, and both joined. After they had drawn themselves up in one line, the officer commanded them to ride among the mob, and dis Orrel. I went to the guards, and told them the city; some said to the Bank; some said to that I heard some of the mob were gone into Mr. Shower's, and others said to other places. I went to them; Gentlemen, says I, it is better to have all the meeting-houses destroyed than the Bank, pray let us go thither: I went along up Fleet-lane; there I heard they were not with them down Holborn, and brought them Blackfriars: I shewed them the way, and gone to the Bank, but that they were gone to honse, and shewed them where it was. went down with them almost to the meeting Sol. Gen. Was that meeting-house pulled down? prevented by the guards. gess's, and the meetings in Fetter-lane, Drury- Orrel. I was at them all.* was it that you saw Mr. Dammaree? Orrel. I cannot be positive, but I believe it was about half an hour after ten. Mr. Whit. Pray, in what condition was he? he had been drinking, he looked flushed. Orrel. I did not much observe it; I believe Mr. Burgess's meeting-house, and saw several you came to the fire? city of London. The prisoners were indicted Orrel. No, nor at the fire. Mr. Darnell. Did you see him at the meeting-house in Drury-lane? Orrel. No; nor did I see him after he had brought up that party through Queen street: But I believe him to be the chief person that led them from Lincoln's-inn-fields to Drurylane. Damm. When I was in gaol, you asked me, whether I was the waterman? Yes, I am, said I, do you know me? If you are the waterman, said you, I do.. L. C. J. If you have a mind to ask him any questions, you may. Damm. I desire to ask him, whether he saw me in any of the meeting-houses? Orrel. I said before, I did not. My lord Sunderland desired me to see the prisoners in Newgate; I did so: When I came, they were in a dark hole. I desired to speak with Dammaree and Purchase; and as soon as we went into a lighter room, I knew them both. Then Joseph Collier was sworn. Sol. Gen. Do you know the prisoner at the bar? Tell us, whether you ever saw him before, and where? Collier. My lord, I saw him at the fire, at Lincoln's-inn-fields. Sol. Gen. What time? Col. About eight or nine o'clock. Col. Wednesday, the 1st of March last; I saw him bring the branch that holds the candles. Sol. Gen. Where had he it? Col. In Dr. Burgess's meeting. Col. He said, Let us go to Drury-lane, and he went with them, and I saw them go up Great Queen-street. Mr. Thompson. What sort of cloaths had the prisoner that night? Col. His waterman's coat and badge. Sol. Gen. Who appeared to be the most active man at the fire? Col. The waterman; he that stands there. Mr. Thompson. Do you know of any thing else fetched by this man, besides the candlestick?-Col. No. Mr. Whittaker. What time of night did you first see Dammaree? Col. I believe it was near nine. Mr. Whittaker. Will you be positive it was about that time? Col. It was about nine, or ten. Mr. Whittaker. Will you be positive it was before half an hour after ten? Col. I cannot be positive to half an hour. Mr. Whittaker. What time was that? Mr. Whittaker. If the meeting-house was pulled down, did not they take out the candlestick at first, before they pulled it down? Col. No, there was a great fire before they brought it away: I was not there at the beginning. Mr. Darnell. You say you came after the fire was lighted, and there you saw Dammaree, but you did not go into the meeting-house; how then can you say he was in the meeting. house? Col. Because I stood at the end of the alley, Col. He went two or three times round the and saw him come out. fire, and then threw it in. Sol. Gen. What did he do besides? Col. He hallooed, and threw up his hat and wig several times. Att. Gen. Where did you see him first? Att. Gen. Did you go into the meetinghouse ?-Col. No. Att. Gen. Where did you see him with the branch?-Col. Just at the end of the alley. Att. Gen. Did you see him come out of the meeting-house?—Col. I did. Att. Gen. And you saw in his hand the branch?-Col. Yes. Att. Gen. Where did he carry it? Att. Gen. What did he do then? Col. He went about hallooing for Sacheverell, and went round the fire two or three times, and then threw it in. Sol. Gen. What was that fire made of? Col. He went before the guards, and led the mob off to Drury-lane. Sol. Gen. How do you know he led them off? Mr. Darnell. Why, were there any lights there? Col. Yes; the alley was very full of lights, and the meeting-house too. Juryman. My lord, I desire he may be asked, whether he saw Dammaree bring that branch out of the meeting-house? Att. Gen. What did you see him bring out of the meeting-house?-Col. The branch. L. C. J. Could you see the door of the meeting-house where you stood?-Col. Yes. L. C. J. Did you see him bring that branch out of the meeting-house? Col. Yes; and I saw him throw it into the fire. Mr. Darnell. Was you near the door? Then John Still was sworn. Att. Gen. Look upon the prisoner, and see if you know him. Still. Yes, I do know him. Att. Gen. Where, and when did you see him? Still. The night that the fire was, I saw him in the alley, that leads to Mr. Burgess's meeting-house. Att. Gen. Where was you? Still. Just in the alley. Att. Gen. Where was he going, or from whence was he coming? Still. They were all standing and hallooing. Att. Gen. Did you see him do any thing more?-Still. No. Att. Gen. What time was it? Still. It was, as near as I can guess, about eleven. Sol. Gen. Was the meeting-house down, or not? Still. I cannot tell; there was such a crowd, I could not get to it. Sol. Gen. Was you at the fire? Still. Yes, but I did not see him there. Then John Mitchell was sworn. Sol. Gen. Was you at the fire in Lincoln'sinn-fields the 1st of March last? Mitchell. Yes. Sol. Gen. Do you know the prisoner? Sol. Gen. Where did you see him? Sol. Gen. Where had they the wood for that fire? tumult in the city: 1 live in Southwark, and 1 came over the water, with another person, to see what it was that occasioned it. I came to Dr. Burgess's meeting-house, where I saw a great number of persons pull it down. After I had viewed them there a-while, I went to Lincoln's-inn-fields, and I saw them make a bonfire; and there I saw this man in the queen's livery as a waterman; he excited the mob very much in their proceedings, and I saw him pull off his wig, and halloo, and seemed mightily to be rejoiced: He went round the fire, with several other persons, that had staves in their hands, I did not see him have any, but he had his wig in his hand; he walked round the fire with them, in procession, with a bedstead that was going to be thrown in. Att. Gen. You say it was ten o'clock at night when you came there first; was the fire kindled then ?-Morgan. Yes. Att. Gen. Did you see Dammaree there when you first came? Morgan. I did see him: I did not then know his name; but that is the man. I took notice of him, because of his livery. Sol. Gen. Where had they the materials for that fire? Morgan. I saw a great many bring wood from the meeting-house: I said to some of them, Gentlemen, what are you doing? The guards are coming. Said, they, Damn the Mitchell. From Dr. Burgess's meeting-guards, and the parliament too; we are ready place. to face them all. Sol. Gen. Did you see any wood brought from thence ? Mitchell. No; it was all laid there before 1 saw it. Sol. Gen. Was you at the meeting-house? Sol. Gen. Was you there when he went from the fire ?-Mitchell. No. Att. Gen. What time was it that you saw him there?-Mitchell. About eleven. Sol. Gen. Pray, who appeared the most active person there? Mitchell. I do not know, they were all active. Mr. Thompson. Did you hear him say any thing to the mob? Mitchell. No; only halloo. L. C. J. Did they force him to halloo, as he did? Mitchell. No; there was no forcing of him. Sol. Gen. Did he act as a man that was forced to halloo ? or as one that did it willingly? Mitchell. My lord, he had no occasion to halloo unless he would. Mr. Whittaker. What time of night was this? Mitchell. About eleven. Mr. Whittaker. Was you there when the mob went away to Drury-lane?-Mitchell. No. Then Francis Morgan was sworn. Att. Gen. Pray look upon the prisoner at the bar, and tell us if you know him. Morgan. My lord, the 1st of March last, at about ten in the evening, I heard there was a Sol. Gen. Why did they curse the parliament?-Morgan. I do not know that. Sol. Gen. Pray who seemed to be the most active man, and inciter of them? Morgan. The principal man I observed was the prisoner at the bar, whose name I understand since to be Dammaree. Sol. Gen. How long did you stay at the fire? Morgan. About half a quarter of an hour, and then I heard them enquire, Where is the fellow that said the guards were coming; so I got away as fast as I could, for I came over the water in my night-gown. Sol. Gen. Was Lincoln-inn's fields the only place you came to? Morgan. I saw no other fire; I came to the meeting-place first, and saw them pull it down, and then went to the fire, which was very great, and I saw the prisoner eucourage thei in bringing things to throw in: I saw him walk round the fire, and several about him with sticks in their hands; but as to him, I observed none in his hand. Att. Gen. How many people do you think might be there at that time? Morgan. I believe two thousand. Damm. What time of night was this? Morgan. About half an hour after ten, or eleven. Damm. Well, my lord, I am very well satisfied. Mr. Thompson. You say you saw a procession before the bedstead was thrown in? Did you see any thing else that was thrown in ? Morgan. Yes, the doors of the meeting. house. Mr. Thompson. Was there any procession, or hallooing before them? Morgan. Yes, and I saw abundance of other materials thrown in. Mr. Thompson. Did they make the same procession before all of them? Morgan. No, not before all. Damm. Did you see me throw any thing in? Morgan. No. Juryman. Did you apprehend him to be drunk, or sober? Morgan. I did not apprehend him to be disguised in drink; I took him to be rather a madman, than any thing else. Juryman. Did you see him with any of the mob, between the meeting-house and the fire? Morgan. The mob was so large, as to extend from the meeting-house to the fire; there were great numbers running to and again, but I saw him at the fire. Then John Eaton was sworn. Att. Gen. Pray give an account of what you know of this outrage, and of the prisoner at the bar. Eaton. I saw him at the place where the fire was. Sol. Gen. Was you there at the making of the fire?-Eaton. No. Sol. Gen. What was the fire made of? Eaton. Of the wood brought from the meeting-house; I went to the meeting-house with the gentleman that was up before. Sol. Gen. What did you see brought out? Eaton. I saw a great many people bring out pieces of board. Sol. Gen. Did you see the prisoner bring any thing out? Eaton. No, I only saw him at the fire. Sol. Gen. How did he behave himself there? Eaton. Hallooing, as the rest of the mob did. Sol. Gen. What ceremony did they use to the timber before they threw it in? Eaton. They hallooed when they threw it in. Sol. Gen. Did they walk round the fire with any? Eaton. Yes, with the bedstead. Sol. Gen. Who did appear to be the most active? Eaton. There were many as active as he; but he was very active. Sol. Gen. Pray what condition was he in: drunk or sober? Eaton. I am no judge of that. Att. Gen. There can be nothing in that; no weight can be laid upon it. Sol. Gen. There is nothing in it: If any one kills a man when he is drunk, he must be hanged when he is sober. Dumm. I desire he may be asked what time of night it was. Eaton. It was about half an hour after ten. Sol. Gen. Did you see any soldier there? Eaton. Yes, one that looked like a soldier. VOL. XV. Sol. Gen. What passed between them? Eaton. He, and some others, forced the soldier to pull off bis hat. Sol. Gen. Did you see Dammaree with them that forced him to pull off his hat? Eaton. Yes. Sol. Gen. Did you stay till be went away, or did you leave him there? Eaton. I left him there. Mr. Thompson. Did you hear him say any thing to that soldier? Eaton. I heard him say, Pull off your hat. Mr. Darnell. You say you saw several persons bring out materials: How many might there be? Eaton. I cannot tell; but there were a great many. Mr. Darnell. Did you see Dammaree bring any thing out?-Eaton. No. Mr. Darnell. Where was he? Eaton. I saw him first at the fire, and I left him there. Att. Gen. My lord, there was a question asked by the counsel for the prisoner, which we did not then oppose; but we must be in your lordship's judgment, whether it can have any regard to the merits of this cause. For admitting he was drunk to that degree they would have it, that is no excuse of his crime; I do not find they clear that matter up: But if it be so, it is no excuse for felony or treason. The only question is, whether he was not assisting in this tumult? L. C. J. It is almost necessary, that when a man goes upon such actions, he should be in drink; and I do not know but a little more drink might have carried him to St. James's, to have pulled that down. Ati. Gen. My lord, we have done with, our evidence for the queen. Mr. Whittaker. May it please your lordship, and gentlemen of the jury, I am of counsel for the defendant: The defendant stands accused of a very high crime; it is treason, and levying war against the queen, under whose government we are the happiest people in the world. And I agree with the gentlemen that are of counsel with her majesty, that a prosecution of this nature is very necessary, if these tumultuous actions amount to levying war; and that no tumults are to be borne. But the question is what share the prisoner had in this tumult? I agree these tumults are not to be endured in any civil society, nor will any body, I believe, say, that those methods are to be taken with, or any injuries whatever to be used, to the Dissenters. The law is their protection as much as of any other subjects of this kingdom: Ill ways of force and violence towards the Dissenters are unjustifiable, and these ways are abominable; and no such vile and base inethods are to be used towards them. But that which we insist on, is, that the prisoner had no share of guilt in the action, and if so, then there will be no colour to say, that he is guilty of a riot, much less of levying war. I beg leave just to state what has been sworn 20 |