and the laws of the land; while it is possible the misfortunes of the other may be unavoidable, though they are too often the consequences of idleness, extravagance, and debauchery. We live in a trading country, and, I believe, there are few instances where a man in health, and of an honest character, may not earn the bread of industry, and eat it in security. It was for this purpose, for the security of the innocent, that the very laws were made by which you are now to suffer: And as these laws are founded upon an higher institution, even the laws of God, you will do well to consider yourselves as offenders against the laws of your Maker, and accountable not only for these crimes, but for every action of your lives, at a higher tribunal, at which you are likely to appear in a short time, perhaps in a few days. Upon these considerations, the lenity of our constitution gives a short respite to persons in your deplorable circumstances; and this city provides a clergyman, whose profession and experience enable him to advise, and assist you in making a proper preparation against your approaching change; to which important preparation I shall dismiss you, having first discharged the Court of the duty incumbent upon it, by pronouncing the several sentences the law has appointed. You Daniel Dammaree, having been convicted of high-treason, the judgment of the law is, and the Court doth award: be severed from your body, and your body divided into four quarters, to be disposed as the queen shall appoint. And the Lord have mercy upon your soul.' And you Sampson Archer, having been convicted of felony, with the benefit of clergy:* the judgment of the law upon you is, and it is awarded by the Court: That you return from hence to the place 'from whence you came, and that from thence you be conveyed to the place of execution; where you are to be hanged by the neck until you are dead; and the Lord have mercy on 6 your soul.' Dammaree. My lord, I desire my wife and children may have liberty to come and see me in prison, in the absence of the keeper. Serj. Richardson. As for seeing your wife and children, that we do not deny you; but we cannot allow them to be alone with you, because it may occasion an escape. Dammaree. My lord, if any other minister will be so kind as to visit me in my distress, I hope it will be permitted. Serj. Richardson. Ay, by all means. It is a liberty that, I think, was never refused. You shall have all the favour that is usually shewn to persons in your condition. Then the prisoner was taken away, and the Court proceeded to the other business of the sessions; and afterwards adjourned to Wednesday the 25th of May following. Upon the Report of the prisoners' Cases to the queen, they both were reprieved; and some time after Dammaree received her most gra That you be carried from hence to the place 'from whence you came, and from thence be drawn upon a hurdle to the place of execu tion, where you shall be hanged by the neck until you are almost dead, and being alive, you shall be cut down, your privy memberscious pardon. shall be cut off, and your bowels taken out, ' and burnt before your face: that your head * So in the former edition. 444. The Trial of FRANCIS WILLIS, a Footman, at the Sessions. House in the Old-Bailey, for High Treason, in levying open War against her Majesty, in the Kingdom, under Pretence, of pulling down Meeting Houses: 9 ANNE, A. D. 1710 *. DOMINA REGINA versus WILLIS. Die Veneris Vicesimo die Aprilis Anno Domini et Reginæ prædicto. THE Court being resumed, as in the Trial of Dammaree, and the same judges being present, Cl. of Arr. Middlesex cryer, make proclamation. Cryer. 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 Francis Willis to the bar. -(Which was done.) Cl. of Arr. Francis Willis, 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, upon 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 See the Cases immediately preceding and sworn. following. Willis. My lord, I desire that none of the gentlemen that served upon the jury yesterday, may be sworn now. L. C. J. (Parker.) You bave a right to challenge five-and-thirty peremptorily, without shewing cause; and as many more as you can shew good cause against. If a any of the jury that served yesterday appear now, it will be a proper time to take the exception. Mr. Darnell. My lord, I take it, the prisoner's intent by this motion, is to save the time of the Court. He does not intend to make any challenges, but to the jury of yesterday, whom he conceives, in some measure, to have declared their opinions upon the fact already; and therefore desires the clerk may pass over their names as they stand upon the pannel. L. C. J. Let it be so. Cl. of Arr. Thomas Nicholls, esq.-(Who appeared.) Cl. of Arr. Hold Mr. Nicholls the book. 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. Joseph Spencer. (He appeared, and was sworn,) In like manner the other ten gentlemen appeared, and were sworn, whose names follow: JURY. Thomas Nicholls, esq. William Breakspear, Charles Gardner, Richard Hazzard, Samuel Brown, Francis Higgins, Daniel Browne. Cl. of Arr. Cryer, count these.-Thomas Nicholls. Cryer. One, (and so of the rest.) Cl. of Arr. Daniel Browne. 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 prisoner 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 and are not sworn, may depart the Court for this time, and give their attendance here again to-morrow morning. Cl. of Arr. Francis Willis, hold up thy hand. (Which he did.) Gentlemen of the jury, look upon the prisoner, and hearken to his cause...He stands indicted by the name of Francis Willis, late of the parish of St. Andrew, Holborn, in the county of Middlesex, labourer, for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, &c. (prout in the indictment, mututis 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 enquire, whether he be guilty of the high-treason whereof he stands indicted, in manner and form as be 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 had found him Guilty. If you find him Not Guilty, nor that he fed for it, you are to say so, and no more, and hear your evidence. Mr. Thompson. May it please your fordship, and you gentlemen of the jury, Francis Willis, 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. Andrew, Holborn, in the county of Middlesex, traitorously 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, we shall call the evidence for the queen, and if they prove the charge, as laid in the Indictment, we doubt not but you will find him Guilty. Att. Gen. My lord, the prisoner at the bar stands charged by this indictment for being one of those wicked rebellious persons, that had so little concern for her majesty, and his fellowsubjects, that upon the first day of March last, he assembled with a great number of other seditious and rebellious persons, to the disturbance of the peace of the queen, and her subjects. It is surprising to consider, that under the reign of a prince, so good as her majesty, any should be found so wicked as to be liable Sól. Gen. Were there any others pulled down? Tolboy. I have been informed so; but I do. not know myself. Mr. Darnell. Was the talk particularly about Mr. Burgess's, or were any others men tioned ?" Tolboy. Mr. Burgess's was mentioned; I do not remember any other mentioned. L. C. J. You say no other was named. Was there any discourse of meeting-houses in general? trial. Then John Lunt was sworn. Att. Gen. Look upon the prisoner, and tell us if you know him. to be charged with such a crime as this: when the courts are open and free, to punish any that offend against the laws of the land, that it should be thought necessary for such a num. ber of people to get together, to do what is the duty of the magistrate, and for them to take upon them to punish offenders: but we know there are some that would bring all things into confusion, and the way to do it, is to proceed in this manner. It is not difficult, indeed, to know what the designs of these people were; you will hear it was pretended to be a design to pull down the meeting-houses, that is, the houses of Tolboy. I do not remember any but his menthose people that are unhappy enough to dis- tioned. Some said, we will go presently, and sent from the Church. We shall shew that this pull down Dr. Burgess's meeting-house; was a design formed before, and resolved to be others were for deferring it till the morrow executed the first of March: that it was re-night; and others, till the event of the Doctor's solved by a great number of people met at the Temple, that the night following they would destroy the meeting-houses thereabout: that in execution of this design, there were, in several parts of this county, great numbers got together, and that they did make assaults on divers of her majesty's subjects, and did pull down many meeting-houses, gut them, as they call it, and bring the materials to their fires, and there destroy them. We shall shew that this man was not only at one, but at several of these bonfires; that he was there not as a spectator, but active, and had the vanity to be a captain of the mob; that he had got a curtain belonging to the meeting-house in Fetter-lane, that he put it upon a pole, and carried it at the head of the mob; that he came from that place to another fire in Hatton-garden, and was active in When throwing the timber into the fire there. we have proved this faet upon him, that he was concerned in this manner, your lordship will direct the gentlemen of the jury, that this meeting together with force, to work & reformation in the state, in order to pull down the meeting-houses, that this will amount to levying war, and high treason, as it is laid in the indictment. 8 Sol. Gen. My lord, the charge in the indictment has been fully opened, I shall only call the witnesses; and if we prove the fact, I take it to be clear, that it is levying war within the statute of the 25th of Edward the third. Then Thomas Tolboy was sworn. Sol. Gen. Pray acquaint my lord, and the jury, what you know of any design to pull down the meeting-houses. Tolboy. My lord, as I went through the Temple, on Tuesday the 28th of February, I saw there a great mob, a great many thousands, and I heard them consult of demolishing Mr. Burgess's meeting-house. Sol. Gen. What was the occasion of their being at the Temple? Tolboy. They came with Dr. Sacheverell's coach home from Westminster. Lunt. My lord, I stood within my own door in Kirby-street, that night that the mob was, and about eleven at night, he came over-against my door, and spoke these words, They made me captain of a party to-night. Mr. Darnell. My lord, I must object against his giving in evidence what the prisoner told him. Sol, Gen. Surely it is evidence what a man says. Att. Gen. You say you know him; do you remember you saw him on Wednesday, the first of March last? Lunt. I forgot the night: it was the night the meeting-house was pulled down in Hattongarden. Att. Gen. Did you see him alone, or were there others with him? Lunt. He came right against my door, and nobody spoke to him as I saw; but he said, They had made him captain of a party that night. Att. Gen. Stay, we will call another first. Then William Grove was sworn. Att. Gen. Pray, acquaint my lord, and the jury, whether you saw the prisoner the first of March last. Grove. I never saw him till that night. I saw him with a long pole, and a curtain upon it, and he cried out A High-Church standard! He stopped several coaches, and got money from them, and made them cry, High-Church. But to swear that this is the man, I cannot. Att. Gen. How many were there together? Att. Gen. Was there any thing like colours before them? Grove. Yes, there was a curtain, and he that carried it, cried, High-Church standard! He stopped many coaches, and got money from them, and made them cry, High-Church. Sol. Gen. Whence did he bring it? Grove. From Mr. Bradbury's meeting, in Sol. Gen. When was this to be 'done? Tolboy. It was to be done the next night. Sol. Gen. You heard this discourse among them; was Mr. Burgess's meeting-house pull-Fetter-lane. ed down the next night?-Tolboy. Yes. Sol. Gen. Did he carry it nowhere else? Grove. I saw it nowhere but at the fire at Holborn. Mr. Darnell. Was it a laced bat, or a plain one?-Grove. I cannot tell indeed. Mr. Darnell. You say you looked hard at Sol. Gen. Was there any fire in Hatton- bim? garden? Grove. Yes, there were three. Sol. Gen. What were they made of? Grove. Of the materials of Mr. Taylor's meeting-house. Sol. Gen. Do you know of any others that were pulled down? Grove. Yes, Mr. Burgess's. Sol. Gen. Do you know of any others? Grove. I have heard of others, but do not know them. Att. Gen. After Willis was taken, you went to Newgate; now give an account, did you make any particular observations at the time you saw the man display the banner? Did you take any notice of him?-Grove. Yes. Att. Gen. What did you take notice of him? Grove. I took such notice, that I thought I should know him again. Att. Gen. Now, did you go to Newgate to see him? Grove. Yes; but the place was dark, and his clothes and wig were altered. Att. Gen. What did you think of the man you saw in Newgate? Grove. I did think it was the same man. Alt. Gen. Now look at him, and see whether this is the same you saw in Newgate? Grove. His clothes were so much altered, that I cannot tell. Att. Gen. Tell us, is that man the same? Grove. I never saw him but that night, and in Newgate; and it was so dark, that I cannot say this is the man. Sol. Gen. Do you remember what clothes he had ? Grove. I cannot tell whether they were blue or green. Sol. Gen. Were there more that flourished colours; more than one? Grove. I saw but one. Mr. Darnell. Pray, at the time you saw that banner displayed, was there any other fire in Hatton-garden? Grove. No; I believe this was made first; and then the mob said, They would go to Mr. Taylor's. Mr. Darnell. What time was it that the fire was in Holborn?-Grove. About ten. Mr. Darnell. What time was that in Hattongarden?-Grove. About eleven. Mr. Darnell. You say this curtain was brought out of Fetter-laue meeting. How do you know? Did you see it brought out of the meeting? Grove. No; but I saw it brought out of the lane, and the people said it came from thence. Mr. Darnell. Do you remember what coloured coat he had on? Grove. I cannot tell; it was either blue or green. Mr. Darnell. Do you remember what sort of hat he had on?-Grove. No. Grove. Yes; but I never minded his hat. Sol. Gen. You heard people say, the curtain was taken out of Mr. Bradbury's meeting: who were they that said so? The people that were concerned in the fire, or them that stood by ?-Grove. Them that stood by, as I might. L. C. Baron. You say you went to Newgate shortly after this, to see this man? Grove. Yes, my lord. L. C. Baron. And the man that you saw there, do you believe, or do you not, to be the prisoner at the bar? Grove. Yes, I do believe it was. Mr. Darnell. Are you positive this is the man?-Grove. No, I am not. L. C. J. When you went to Newgate, the man that you saw there, did you believe him to be the person that you saw displaying the colours?-Grove. Yes, I did. L. C. J. How long was that after you saw him at the fire?-Grove. About ten days. L. C. Baron. Pray, what makes you less knowing, or believing now, than you was then? Grove. My lord, his clothes are altered, and he has another wig on. Mr. Darnell. Pray tell us any one thing you bad, to know this man by? Grove. No other instance, but that he flourished the colours. Mr. Darnell. Do you know the colour of his coat?-Grove. I believe it was blue. Mr. Darnell. Are you sure it was not green? Mr. Darnell. When you saw him in Newgate, what did you know him by? Grove. By his features, I thought he was the same man. Mr. Darnell. Pray describe any one feature you knew him by. L. C. J. It is difficult to describe a man's face, and so it is to describe his hand. If you were asked how you knew a man's hand? it would be difficult for you to describe it; and so if you were asked, how you know any man's face in court, unless there was something very particular in his face; and yet there is something in the composition of a face, by which it is known, which none perhaps but a painter can describe. Sol. Gen. You say he is altered from what he was in Newgate? Has he not the same clothes on ? Grove. He has quite another dress, and another wig, he had blue clothes on there. Sol. Gen. And you say, you believe the man that had the colours, had blue clothes? Grove. Yes, indeed I take them to be blue; but cannot be positive whether they were blue or green. Sol. Gen. You have spoken about this matter already, on your examination, you have formerly considered it coolly, you ought to consider what you have said before, and to re Sol. Gen. I ask you, whether the man that flourished the colours had blue? Grove. It was blue or green. Sol. Gen. Which of the two do you believe it to be? Grove. Indeed I cannot well tell. Sol. Gen. The man in Newgate, what kind of wig had he? Grove. A wig that fell more off from his face. Sol. Gen. What sort of wig had the man with the colours? Was it that kind of wig which the man had in Newgate? Grove. I think it was not. Sol. Gen. Do you believe this man to be bim that you saw in Newgate? Grove. Indeed I cannot believe him to be the same. Sol. Gen. Pray who brought that man to you?-Grove. It was Mr. Hill, the keeper. Sol. Gen. Is he here? Let him be called. Then Mr. Hill was sworn. Att. Gen. Do you remember Mr. Grove's coming to see the prisoner in Newgate? Hill. I never saw any body come while I was there. Sol. Gen. Do you remember that be came to see any of the prisoners? Grove. Justice Blackerby's clerk came with me, and we had a quartern of brandy. Hill. I did not remember him before, but I remember Justice Blackerby's clerk came, and somebody with him. Sol. Gen. Who did you shew him? Sol. Gen. What dress was he in then? Do you remember?-Hill. No. Sol. Gen. Did you carry him to any other but the prisoner? Hill. No, there were others upon the stairs, but they were women. Sol. Gen. Was there any other prisoner? Sol. Gen. And is this the man?-Hill. Yes. L. C. J. Do you remember what clothes he had when he first came to Newgate; or at any time after? Hill. I do not know any but them he has on; I was not in the way when he came in. Mr. Darnell. Did you go up with that man? Hill. Yes. Mr. Darnell. Did you go into the room where the prisoner was? Hill. I went to the grates. Att. Gen. When I asked you at first whether he was at Newgate, you could not remember till he refreshed your memory with a quartern of brandy. L. C. J. Are you sure you shewed him the prisoner at the bar ?-Hill. Yes. L. C. J. Did you shew him any other? Mr. Darnell. You say you never saw him in any other clothes than those he has on? Hill. No, never; I was not there when he came in. Then Hugh Victor was sworn. Sol. Gen. Pray, acquaint my lord and the jury, what you know of the pulling down the meeting-houses, and what concern the prisoner had in it. Victor. I was by at a neighbour's door, near the meeting-house in Leather-lane. Sol. Gen. Where was the mob then? Victor. They came out of Holborn to Leatherlane. Sol. Gen. Was the bonfire in Holborn made before that in Leather-lane?-Victor. Yes. Sol. Gen. That fire in Holborn, what was it made of? Victor. I cannot tell any thing of that. Sol. Gen. When the mob came into Fetterlane, what did they do? Victor. I believe I saw one hundred and fifty men there, and they were as hard at work as they could be, in breaking down the inside of the meeting-house. Sol. Gen. What did they do with the materials? Victor. I saw some of them, as I think, on that young man's back. When the thing was almost over, I went near Mr. Lunt's door, and I saw him with some boards on his shoulders. Att. Gen. Look upon him: Are you sure that is the man?-Victor. Yes. Att. Gen. What did he do? Victor. I saw upon his shoulders some wood; he carried it to the fire, and threw it in, and made au buzza; When he had done, he came up again, and spoke some words to Mr. Lunt. Att. Gen. Did that same man afterwards come up, and speak to Mr. Lunt? Victor. Yes; but what he said I cannot tell. Sol. Gen. Do you know what cloaths he had on? Victor. I do not know his cloaths, but I can remember him from a thousand: I saw him throw in the wood, and after he went from the fire, I kept my eye on him till he came up to Mr. Lunt's door, and I asked Mr. Lunt, if he knew him? He said, yes, he was Mr. Miles's man. Mr. Darnell. What did you take notice of him by? Victor. I know him by his face, though I never saw him before. Mr. Darnell. What is there remarkable in it? Victor. 1 observed him as he threw in the wood, and kept my eye on him till he came to Mr. Lunt's. Mr. Darnell. What cloaths had he on? Victor. He was in a livery, but what sort of a livery I cannot tell. Mr. Darnell. When did you see him again? Victor. The next night: I knew him when I saw him before the justice. Att. Gen. Are you sure, that the man you saw that night, and the next night, is the same man?-Victor. Yes. Mr. Darnell. Was it not dark? |