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preacher in this passage, that I confess it Church; and the men who are at present in amazes me to consider with what positiveness power, and authority, in the state, are become he has thought fit to deny any such thing False Brethren, and run in with those enemies was meant by him. The persons whom the of the Church, our Dissenters, against it; superior pastors are summoned to anathema- “ Yet there is a God that can, and will raise tize, are the same with those, whom the other her up, if we forsake her not.” pastors and people are to have no fellowship It were an easy matter to make many withal, but to reprove. These, by the neces- proper remarks upon these passages of Scripsary connection of his discourse, are our Dis. ture thus applied, or rather abused, by the senters; wbose works of darkness he states preacher: but that would be besides my preto be schism and faction: those Dissenters to sent business ; and will fall in more properly whom the government hath granted a Tole- under the last Article of this Impeachment
. ration ; as himself, in the same passage, takes It is enough that I have, I hope, fully shewa notice. Which being so; I shall leave the your lordships bow Dr. Sacheverell has treated, Doctor to deny and protest, as he pleases; but if not the Indulgence itself, yet I am sure, when all is done, his owo words will rise up those who are entitled to the benefit of it: against him, and appear to every impartial and who, if they shall have the misfortune, person so plain, and positive, as to put it be- by this kind of preaching, to be once generally yond the power of any artificial interpretation thought such wicked, false, and dangerous to perplex the meaning of them.
enemies to our Church and State as they are And this lets us into the true application of here represented, I cannot think that their those passages of Scripture, with which he indulgence will hold long. If they have concludes bis whole discourse. In which, numbers to secure then, it is well for them: having shewn the danger of our Church from but otherwise I am sure as the case is here these False Brethren, and exhorted his audi- stated, it must be our wisdom, as well as tory to a steady courage and resolution in the duty, to suppress them. defence of it; he thus at once both inforces How criminal such an invective as this will his doctrine, and abuses bis adversaries. That be accounted in the eye of the law, I dare not though the Church (for to that he apnlies, presume to suggest : much less shall I prewhat Zechariah (xiii. 6.) spake of the false tend to intimate what censure it may deserve, prophets that seduced the people) lies bleeding Somewhat I think should be done to put a of the wound she has received in the house of stop to such preaching, as it not timely corher friends: a passage first thrown at myself,* rected may kindle such heats and animosities for defending the prince's authority, when among us, as may truly endanger both our some of these very men engaged as vehemently Church and State. As for the preacher himon the side of liberty, against the rights of the self, I am very willing to come into any meacrown, as they now pretend to stand up vigo- sures of favour to bim, that are consistent rously for it: (Lament. i. 4, 5,] Though the with your lordships' honour and justice, and ways of Zion "may mourn for a time (so the will answer the ends of the Impeachment that Doctor glosses upon the text) and her gates has been brought before us against him. be desolate ; her priests sigh, and she in bitterness, because it is the preacher's reason, the text bas no such word) her adversaries are The Bishop of Norwich's* Speech is chief; he means in the administration under THE HOUSE OF LORDS, AT THE OPEN. her majesty ; and her enemies at present ING OF THE SECOND ARTICLE OF INprosper; (so he again improves the text ; in
PEACHMENT AGAINST DR. SACHEVEhopes, I suppose, that it will not be long before
RELL. he shall have preached them out of their places :) (Lament. i. 2.] Though among all My lords; I am very sensible under what other lovers she has few (the prophet com- disadvantage in the opinion of many, a bishop plained that Jerusalem had none) to comfort must speak against a clergyman that stands her; and many (Jeremiah said all) have dealt accused of crimes committed by him in the treacherously with her, and are become her seeming execution of his office; especially enemies; (he refers to those of whom he had after having been so publicly required to be before spoken, page 22.) [Isaiahli. 18.] an advocate as well as a judge. And I am though there are few to guide her among the more sensible of this prejudice lying against all the sons which she hath brought forth; me, for having been so lately called into that peither are there many to take her by the order, and for being so unworthy of it. hand of all the sons that she hath brought up; But I think myself obliged notwithstanding, (Isaiah in both places, says nove :) Though her under all these disadvantages, to deliver por enemies cry, down with her, down with her, only my judgment, but also the reasons that even to the ground: that is, in other words, determine me to it: which I shall do as plainly Though (the preacher, and a few of bis friends, as I can; with that deference to your lordexcepted) both the fathers and pastors of the ships, which I am sure it must upon all occa
sions particularly become me to pay; and al * See Dr. Atterbury's Rights of an English Convocation.
* Dr. Charles Trimpel,
the same time with that freedom which I think, and a perfidious prelate, for deluding queen the importance of this cause does at this time Elizabeth into the Toleration of the Genevian require.
discipline. I shall not, my lords, go about to Dr. Sacheverell stands impeached by the add any thing to the full and just vindication Commons of Great Britain, of High Crimes you have beard of that excellent prelate. But and Misdemeanors expressed in the several can any of your lordships believe, that a Articles of the Charge exhibited against him ; presbyter of the Church of England, professing and your lordships have heard what they have more than ordinary zeal for episcopacy and said in support of that Charge, as well as the constitution of this Church, should bestow what has been offered in the Doctor's defence. such language on one who was the first bishop
Your lordships have also debated among and the ornament of it so long; only for disyourselves the merits of the cause as to the posing that glorious queen to a mild treatment first of these Articles; and have come to a of the Puritans of that time, which is the utresolution, that the Commons have made good most that is pretended to be laid to his charge, that part of their Charge ; and which reso- if he had thought Toleration a reasonable thing, Jution as I did heartily concur, so I was ready or what was fit to be established by law ? to have bambly represented to your lordships This, my lords, I confess can never enter into iny reasons for so doing, had there been either my thoughts, as ready as I am to enlarge occasion or room for it.
them, for the admitting of any favourable conYour Jordships are now upon the second struction that will not shut out common sense. Article ; wherein the Doctor is charged for The third instance is bis making it the duty suggesting and maintaining, that the Tolera- of the superior pastors to thunder out their ection granted by law is unreasonable, and the clesiastical anathemas against persons entitled to allowance of it unwarrantable; with other the benefits of the Toleration. And to shew particulars that have immediate relation to that he has done this, I need only refer your ihis general Charge, and which are indeed so lordships to that part of his Sermon where the many proofs of it.
superior pastors are called upon to do so ; viz. In this view therefore, my lords, I beg leave the fourth and last general head, where he to consider themi : and the first of these in- draws the consequence of all that he had stances io support of this charge, is, that he spoken before, in the following words :* “ Now asserts, that he is a False Brother with relation what should be the result of this long discourse, to God, religion, or the Church, who defends but that if we bear any true concern for the Toleration and Liberty of Conscience; and this, interest, honour, and safety of our Church and my lords, the Doctor does assert in so many government, we ought stedfastly to adhere to words. It is one of the many marks he gives those fundamental principles, upon wbich both whereby we may discern who is a False Bro- are founded, and upon wbich their security ther in those respects; not a small part of one under God alone depends; and consequently general mark, as was alleged very inconclu- that it highly behoves us, cautiously to watch sirely, I think, in his Defence. For if it was against, to mark, and avoid all those that thus to be granted, (though it cannot be fairly pre- treacherously desert them. And indeed it tended) that the Doctor makes the defending of would be both for our advantage, as well as Toleration and Liberty of Conscience, one branch their credit, if such men would throw off the only of the character of a False Brother; I mask, entirely quit our Church of which they, do not see how it could make even a part of are no true members, and not fraudulently eat that character, if there was no False Brother- her bread, and lay wait for her ruin, purloin hood in it. And I shall not trouble myself or her revenues, and ungratefully lift up their your lordships with going about to settle the heels against her. For then we should be one degrees of False Brotherhood that are in this fold under one shepherd; all those invidious part of the character, because I think every distinctions, that now distract and confound us, degree of it is unreasonable and not to be war. lost; and we should be terrible like an army rapted.
of bavners to our enemies; who could never And therefore the Doctor cannot make it so break in upon such an uniform and well-com. much as a part of the character of a False pacted body. This indeed would be a true Brother to defend Toleration and Liberty of peace, and solid union, when we should all Conscience, as it is confessed that he does, but with one mind and one mouth glorify God, he must at the same time suggest and maintain and not with a confused diversity of contradicthat the Toleration is unreasonable, and the al- tious opinions, and inconsistent jargon of worlowance of it on warrantable. For it can never ship, which the God of peace, purity and order, be any degree of False Brotherhood, to defend cannot but abhor. As it is a maxim in politics, what is reasonable and warrantable: Nor would that all governments are best supported by the even the Doctor, as inconsistent a man as se- same methods and counsels upon wbich they veral of the noble lords that have spokey for are founded ; so it will appear undeniably true him represent him to be, ever have made it in its application to our constitution, which can one; if he had not himself condemned that be maintained by no other principles, but those which be blames others for defending.
on which it is built, and like their basis, the The second instance alleged is, that he calls archbishop Grindall a false son of the Church,
* Vide Serm. page 22, l. 4.
Trial of Dr. Henry Sacheverell, gospel, if there is any violation, or breach upon his superior pastors to thunder out their made in any branch of it, it shakes and en- ecclesiastical anathemas; nor can the charge dangers the whole frame and body. These be avoided by that distinction which was offered things, however little they may be represented in his behalf, between a censure purely spiritual, by our adversaries, will be found of the most and an ecclesiastical censure. For admitting considerable consequence. Let us therefore, there is ground for that distinction in a scholasas we are unhappy sharers of St. Paul's mis- tical consideration of the general question of fortune, to have our Church in perils among Christian censures; yet there is no room to False Brethren, follow his example and con- make use of it in this case, because he calls ex. duct in a parallel case. He tells us in his pressly for ecclesiastical anathemas, wbich can epistle to the Galatians, c. 2, That he was ob- be applied to none but such as are part of the structed and pestered in his preaching the order and discipline of this Church. gospel, by False Brethren unawares brought And it is certain, my lords, that these cenin, who came privily to spy out his liberty, sures cannot, since the Act of Toleration, be which he had in Christ Jesus, that they might inflicted upon Disseuters, how much soever bring him into bondage: To whom he gave their schism remains; because it is expressly place by subjection, no not for an hour, that the provided by act of parliament, (an act, my Truth of the gospel might continue with the lords, of the whole Christian society, to which Church. Doubtless this brave and bold reso- the superior pastors were personally concurring) Jution did the Apostle take by the peculiar com: that they shall not be treated as schismatics mand and inspiration of the Holy Ghost; and in the way of those ecclesiastical censures, to yet if our Dissenters had lived in those times, which their separation would otherwise have they would have branded him as an intempe certainly subjected them. rate, hot, furious zealot, tbat wanted to be And though I cannot undertake upon mosweetened by the genule spirit of charity and mory to be very particular, yet I dare venture moderation forsooth! Schism and faction are to say, there have ancieatly been relaxations of things of impudent and incroaching natures, the discipline of the Church, even when the they thrive upon concessions, take permission crime was thought to deserve the continuance for power, and advance a toleration imme- of it, for public expedience, and better preservdiately into an establisbment. And are there. ing the peace of the Christian world: And fore to be treated like growing mischiefs, or in that in such cases any presbyter or bishop fectious plagues, kept at a distance, lest their would biniself have been censured, if he had deadly contagion spreads. Let us therefore not acquiesced in such relaxations. have no fellowship with those works of dark- My lords, a presbyter of the Church of Eng. ness, but rather reprove them. Let our su- land, is the more obliged to acquiesce in all such perior pastors do their duty in thundering out relaxations amongst us as are legally made, betheir ecclesiastical anathemas, and let any cause he has solemnly promised at his ordina. power on earth dare reverse a sentence ratified tion, that “ he will give his faithful diligence in heaven."
always so to minister the doctrine, and sacraCan any thing, my lords, be plainer than that ments, and the discipline of Christ, as the Lord the Dissenters, and they only are here spoken hath commanded, and as this Church and of? And what does the Doctor say in his own realm bath received the same.” Defence, to avoid it? His words in his printed I have already observed to your lordships, speech are these:
how the discipline of the Church stands at pre“ Schismatics, my lords, are not the only sent as to the point in question. And as the persons against whom ecclesiastical censures relaxation of it in that particular, was agreeable may be denounced: The works of darkness to tbat temper which the bishops who petitioned which I referred to as fit to be reproved, in that king James, gave the Dissenters ground to expart of my Sermon where I speak of these pect; so I am verily persuaded, that the Church censures, are of the same kind with those men- is so far from being hurt by this indulgence, tioned by the Apostle, whose words I produced. that it has received advantage as well as credit All lewd and immoral practices,” &c.
from that moderation which gave way to it. I It is very true, my lords, Schismatics are could give several instances of this within my not the only persons against whom eccle- own observation, while I was arch-deacon, unsiastical censures may be denounced, but I der a reverend prelate that sits now before me, must still say they are the only persons re- and since I have had the bonour to be on this ferred to in the paragraph I have read to your bench: in wbich compass of time several men Jordships; and tberefore I own ) am a good of sobriety and learning, bred up to be ministers deal concerned, to find the Doctor making so amongst the Dissenters, have left the separavain, so unsincere a defence. For it is not tion, and upon due trial have been admitted to works of darkness in general he is cautioning orders in our Church; in which they have ofagainst, but expressly, by a word of his own ficiated with entire conformity to our rules, inserting, not the Apostle's, those works of and to the honour of our holy religion. darkness mentioned immediately before; sebism These instances have been so frequent and and faction, wbich with him go always to- remarkable, since the Dissenters have been gether.
exempted from the penalties of certain laws, These are the sins against which he calls above what had been observed before ; that I
think it very ill becomes any clergyman to lordships' compassion ; yet I hope he will find preach against that exemption, as the Doctor it, as far as the just concern you have for the (notwithstanding his reserve for consciences public tranquillity will allow you to shéw it. truly scrupulous) has done, and to call upon This I say from that wbich, I bless God, is bis superiors to act in contradiction to it. He the natural temper of my mind, and not from should have forbore doing this, at least out of the care tbat has been taken by some to intiregard to her majesty, who had been graciously midate, as far as they could, those who were pleased to declare from the throne, that she to have the cognizance of the Doctor's cause, would preserve the Toleration inviolable; a and were not thought to be favourable to it. resolution I shall ever think it my duty, upon I shall not take upon me to charge the Docall proper occasions, to express my approba- tor or any of his particular friends with this tion of, as just and wise and charitable, and practice, as great a temptation as one is under every way agreeable to the spirit and genius of to do so from several circumstances. And it is the Cbristian religion.
not the least, that occurs in his prayers, which I shall not, my lords, enter into the enquiry he has published upon this occasion, to repreof what sentences are ratified in heaven: but sent not so much to God as to the world, that as one may venture to say, that all that have he is under persecution, when he is prosecuted been pronounced on earth, are not ratified for offending against the law, by those, who in there : so, by all I have seen of the Doctor's common justice ought to be thought the fairest spirit in these matters, I have great reason to accusers; and before your Jordships, who are fear, that if the power of the keys was in bis justly acknowledged to be the most impartial bands , it would often be very sadly abused.
judges. However he has so good an opinion of bis
However I will never believe, till I cannot own spirit, as to put bis superiors in mind of avoid it, that any members of the Church of another part of their duty, immediately after England who have acknowledged the governthat I have mentioned ; and that is, to pro- meni, much less any clergyman who has so mote men of probity, conscience and courage; often professed bis obedience to it in Church and without which, he thinks, they cannot be fit State, should have been any way accessary to members of the Church militant ; in which I those threatenings that have been given out, can as little agree with bim as in the former particularly against such bishops as should demand. For if I may judge of the probity, happen to condemn the Doctor's proceedings. conscience, and courage he thinks so 'deserv- As far, my lords, as I have seen of this ing, by what appears in bis Sermon, compared cause, I am likely to be one of those bishops; with his Speech to your lordships, I cannot and though I do not pretend to any great share ibink them qualifications for a minister of the of courage, I am very free to declare to your Church of Christ in any respect ; and I hope I lordships, that I am iv no comparison so appreshall be so happy as io find all the reverend hensive of what may befal myself for condemnprelates, with whom I have the honour to sit, ing this person, as I am of what will probably agreeing with me in this.
befal the public, if your lordships should not But though I hope such a conduct will ne- condemn him. ter recommend any person to favour, yet I do But that is in your lordships' judgment, to not desire that even that which I heartily which I humbly submit it: and only beg parblame should be punished so much as I think it don for having detained your lordships so long deserves. And though he, who pleads so in giving my reasons why I think the Comwarmly for wholesome severities towards those mops have made good this second part of their who differ from him, has the least title to your | Charge.
443. The Trials of Daniel DAMMAREE,* a Waterman, Francis
Willis, a Footman, and George PURCHASE, a Sheriff's Officer, for High-Treason, in levying War in the Kingdom, against the Queen, under pretence of pulling down Meeting-Houses :
at the Sessions-House in the Old-Bailey : 9 ANNE, A. D. 1710. Die Martis, Decimo Octavo Die Aprilis, Anno Daniel Dammaree, Francis Willis, and George
county of Middlesex, at Hicks's-Hall, against Domini, 1710, Anno Appæ, Dei Gratia, Purchase, the prisoners, being in custody of Magnæ Britanniæ, Franciæ, et Hiberniæ Reginæ, &c. Nono.
* See the preceding Case.
Mr. Luders investigates the cases which A BILL of indictment for High-Treason, in support the position advanced by lord Coke, levying open war against ber majesty, having 3 lost. 9, viz. “ If any levy war to expulse been found yesterday by the grand jury for tbe strangers, to deliver men out of prisons, to re
the Keeper of Newgate, the Court proceeded You stand indicted by the name of Daniel thus :
Clerk of Arraigns. Set Daniel Dammaree Danes, in the county of Middlesex, labourer; to the bar. (Which was done.)
for that you, not having the fear of God before Clerk of Arr. Daniel Dammaree, hold up your eyes, nor weighing the duty of your althy hand. (Which he did.)
legiance, but being moved and seduced by move counsellors, or against any statute, or to an attempt to render it ineffectual by numbers any other end, pretending reformation of their and open force.” own heads, without warrant; this is levying “ If this case were exactly the same as the of war against the king : because they take rest whose authority I attempt to overthrow, I upon them royal authority, which is against should not hesitate to class it with them, as one the king. There is a diversity between levy of the same set; notwithstanding the difference ing of war and committing of a great riot, a of times, and of the characters of the judges rout, or an unlawful assembly. For example, who presided ; because the doctrine is avowed as if three, or four, or more, do rise to burn, or to be taken from them. But it seems to me to put down an inclosure in Dale, which the lord go much farther than any of them, and to estaof the manor of Dale hath made there in that blish a more dangerous doctrine, and therefore particular place; this or the like is a riot, a requires farther observation. rout, or an unlawful assembly, and no treason. * I will not dwell upon the circumstance, But if they had risen of purpose to alter reli- though it ought always to be borne in mind, gion established within the realm, or laws, or that the nation was at this time in a state of to go from town to town generally, and to violent party fermentation, upon the very subcast down inclosures, this is a levying of war ject which occasioned this tumult and trial. (though there be no great number of the con- The spirit of the impeachment of Sacheverell spirators within the purview of this statute,) was infused into this prosecution of his mob. because the pretence is public and general, The Attorney and Solicitor General who conand not private in particular.” (See the Notes ducted it, and the Chief Justice, had been mato the Case of Messenger and others, ante, nagers of the impeachment in the month bevol. 6, p. 879). And then he proceeds : fore. Bat the judgment upon the point of law
“ Having stated all the cases now extant, received the unanimous approbation of all the upon which the case of Dammaree and this judges, upon a consultation afterwards among harsh doctrine rest, we are now to consider that themselves. The counsel for the prisoner,
It came on at the Old Bailey in April however, had not had time to prepare for 1710, before lord chief justice Parker, Jord deep argument upon the law, having been apchief baron Ward, Mr. Justice Tracy, and Mr. plied to only on the night before the trial. Baron Bury:
“ My objection to this judgment, besides “ The prisoner was the leader of a mob, those made against the former, is in the followwhich during the trial of Dr. Sacheverell being doctrine, which I am sorry to find supported came very riotous in the support of his cause by Mr. J. Foster, viz. That circumstances of and party, and proceeded in great numbers to warlike array and arms are not essential to the pull down the meeting-houses of the Dissen- crime. (Disc. p. 208). Furor arma ministrat, ters; crying “ Down with the Presbyterians." is the maxim which he adopts for the rule of In this manner four meeting-houses were de- law. This, however true in fact, will not serve stroyed by them; at one of wbich the prisoner for the occasion ; for if you force the mind 10 was present and active. Mr. Justice Foster infer guilt by strict technical arguments, you (then a student) was one of the audience at this must admit the same in extenuation. If you trial, and relates, (Disc. p. 215), that “the cases found your doctrine upon precedents, you must referred to before (meaning those given here) adhere to them. were cited at the bar ; and all the judges pre! “ I take this rule to be contrary to the gesent were of opinion, that the prisoner was neral tenor of every one of the foregoing cases, guilty of the high treason charged upon him as well as to Hale's opinion. To begin with in the indictment. For here was a rising, with the Apprentices' Case; for those of Henry & an avowed intention to demolish all meeting. bave not circumstances enough related to be houses in general. And this intent they car- relied on. They conspired to get arms for 300 ried into execution, as far as they were able. persons, from a warehouse near the Tower; If the meeting-houses of Protestant Dissenters most probably from the queen's stores : and had been erected and
supported in defiance of they had a trumpet, and a cloak on a pole by all law, a rising in order to pull down such way of fag. Although the circumstance may houses in general, would bave fallen under the have an air of ridicule to us, it shews that the rule laid down in Kelyng, with regard to the lawyers of that time thought otherwise. demolishing all bawdy-bouses. But since the ri In Bradshaw's Case they conspired to get meeting- houses of Protestant Dissenters are armour and artillery. And here let me repeat, by the Toleration Act taken under the pro- that these cases were for conspiracy and intentection of the law, the insurrection in the pre- tion only. sent case was to be considered as a public de. “In Bensted's Case the reporter particularly claration by the rabble against that Act, and observes, that it was in a warlike manner and