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if he had, they would have treated him other- | the bawdy-houses, for they were abases rewise, but they are continually justling, and movable by, law; but these meeting-houses playing with one another; and though other are so far tolerated by law, that it is not in the people were threatened, that does not prore power (I may take leave to say) even of the that he was. They say be was drunk, that is crown, to commission any to suppress them. po excuse at all. I was willing the jury should The question, my lord, as to the fact
, is, Whehave all the circumstances before them, and ther he has been proved to be aiding and astherefore joined in asking that question ; but it sisting in the execution of this design? T cannot be material, nor is be more or less evidence for the queen has sworn as to sereral guilty, whether be was drunk, or sober ; so circumstances; his going to the meeting-house; that we take it, there is no evidence that he was bringing out the sconce; carrying it to the fire ; under any such force, as put him under a pe-throwing it in ; and going from thence to Drary cessity, for his own preservation, to join with lane, to pull down another meeting house, at the people in this tumult. If he was not un- the head of the mob, leading them on, and en. der an absolute necessity, he cannot be ex-couraging them to follow him; that they did cused; so that it is plain, they bave not an- follow bim, and did pull down that meeting, swered that matter at all. And as to the two house. What do they say, my lord, in answer? women, that never saw him before, but met him They produce a great many witnesses, some coming back to the fire; and as to the proof, that are inconsistent with the others, and some that he was at home at twelve o'clock, that is that do not deserve much credit. They say, no ways inconsistent with our 'evidence. The we are out in point of time; that he was at matter of reputation is no ways to be consi- the alehouse until half an hour after ten, so dered in this case: I would not say any thing could not throw the sconce in the fire, as the more, but
hear what was the noise of the witness swore. I must observe, that the witsob; and that cry and hurry that was made ness was positive as to the man that be saw, on this occasion, was in defiance of the justice and the fact : but as to the time, though he at of the nation, which was then carrying on in first declared it about nine or ten, yet, when the most solemn manner. But we subinit it to pressed as to the certainty, he answered, he your lordship, that this fact, this design, exe. could not be positive as to the time. Then cuted in this manner, is plainly levying war, they say, that the prisoner was driven to the and high treason ; and the prisoner at the bar, fire, and that Wood, the witness, was with him, by the evidence that has been offered, is guilty and saw him forced by the mob. Mrs. Giles, of the fact charged against him in the indict another of their witnesses, says, that Wood was ment.
not with him when he was going to the fire
Then, as to the innocence of his intentions, it Mr. Thompson. My lord, I would beg leave is said, the prisoner left the ale-bouse, to belpa to add a very few words. As to what the gen- gentlewoman in the Strand, upon the news of tlemen for the prisoner insist on, in point of law, the fire; but the postillion that brought the that this does not amount to levying war, it has news, came to bim soon after eight, and the been spoke to so fully, that I will not waste prisoner did not go then, but staid until after your lordship's time unnecessarily; The rule of ten, so that is only a pretence of excuse, but no law is very plain, that wherever any number of real one. Then they say, what he did at the persons shal) assemble together of their own fire was not as a free agent, but by compulsion : heads, without warrant, pretending a reforma- As to that, we have proved that he did not only tion of what they think an abuse, this is an halloo, and throw up his bat and wig, and invading the regal autbority; and if that de- buzza, and make processions before the fire, sign is executed, it is levying war, and high. but that he made a soldier pull off bis hat, and treason, in all, as well those that conspired, and huzza, and do as he did, which seems to be were not at the execution, as those that were something different from compulsioo. aiding in the execution, and were not in the My lord, the other facts, besides the sconce, conspiracy: As to what is mentioned of pulling have been proved by so many witnesses, that down inclosures, if it be a particular inclosure, it is not very material, whether that be true or it is true, it is only a riot; but wherever there not; but even, as to that, the circumstance of is an intent expressed, to pull down one, and time is so very trivial, since the witnesses then another, and so on, that is levying war, would not be positive to that, there is little room and high-treason. And here you have had a for doubt of it. However, as to the rest, it is proof of an intent to pull down meeting-houses, very plainly and fully proved, and we submit and an actual execution of that design in seve- it to your fordship and the jury. ral: Whether this man knew it or no, is not material; if he is aiding in the execution of L. C. J. Gentlemen of the Jary; Daniel that treason which was designed by others, he, Dammaree, the prisoner at the bar, stands inunder favour, must be guilty of treason too. dicted for high treason ; for that he, on the And so is the case of my lord Essex, which first of March last, in the parish of St. Clehas been mentioned; and so says my lord ment Danes, did, with a great multitude of per Coke, in the 3d report ; and my lord Hale him- sons, to the number of five hundred, armed self, in bis Pleas of the Crown; And this case with swords and clubs, raise and levy public goes farther than that in my lord Keyling, of war against the queen.
There are two things insisted on to bring of the company said, That was but a bird'sthis matter to two points by the counsel of both nest, that in Drury-lane was worth a great sides: One is as to the fact, which will be many of it; Dammaree all the time enproper for your consideration, to consider the couraging, and damping them to come on, and particular circumstances : And the other, as the cry was, High-Church and Sacheverell. to the law; how far it will amount to high trea. Being thus attended, part of them went towards son, and that is what it is the duty of me, and the arch ; the other party, which Dammaree the other judges here, to direct you in. I shall led, went towards Great Queen-street: That be first state the fact as it stands on the evidence, saw them go into Great Queen-street, and then and then point out, as well as I can, where it he saw no more of Dammaree. He says, that will rest for your consideration; and if I mis- he went into Drury-lane, and there they had take, I am so well assisted, that I am sure it pulled down another meeting- house, and were will be set right. As to the fact; the first wit- burning it; that the guards coming thither, he Dess produced is Tolboy, who does not speak any met them, and told them, the great body was thing to charge the prisoner particularly, but in Drury-lane : That when he came there, the gives an account, that upon the Tuesday, guards were resisted by them. One person ihe day before this matter for wbicb the pri- he mentions particularly, but it was not thought soner is indicted, he passing through the Tem- material to go into tbat; he drew bis sword, ple
, saw a great number of persons that had and said, Damn them, he did not care for the conducted Dr. Sacheverell to his lodgings; guards, nor the parliament neither; that there there he heard a discourse of pulling down the were swords drawn, the officers and soldiers meeting-houses: Dr. Burgess's was named ; were attacked, and that they said, they would and some were proposing to have ii deferred fight the best of them. Dammaree does not apuntil after the trial; but others would have it pear to be there, for these are the persons that the next day. What the result of that dis- he had led on, but what was become of him course was, he does not know, for be made no does not appear but by bis own witnesses. OR stay; be passed through them, and left them this, Mr. Orrel went away; for there was a discoursing.
rumour, that a body was gone to the Bank, The next witness was Orrel: He gives a therefore he thoughi to lead the guards tbitber, particular account of the prisoner, and the bat being of greatest consequence to the pub. meeting- houses he had any concern in the lic; and those persons that had it in iheir pulling down. He says (after he had observed heads to go thither, knew they should have something of a great mob gathered together, given a great blow to the credit of the nation, a night or two before), that he was at a coffee if they could do any thing there: That he house, where word was brought that they were found, instead of that, they were gone to Black pulling down Dr. Burgess's meeting-house; Friers; That he called on the captain of the he went to see what they were doing ; he was guards, and shewed bin the way to the meetin the meeting-house three or four times, and ing-house there. This is the account he gives Weat to and fro. He takes notice that there of the matter. was a little man in the pulpit, pulling that The next is Collier: be says he saw Damdowo, and that appears to be pretty early? That maree in Lincoln's-inn-fields, at the fire, about 10 o'clock he had notice of their pulling bring the branch from the meeting-house: down another meeting-house : Tbat he went to that be carried it three times round the fire, in Fetter-lane, and there was the constable in a sort of procession, huzzaing, and then threw sulted to such a degree, that he was forced to it in. He gives an account of something else go of: That meeting house was pulled down, that was brought there, and carried likewise and burnt in Holborn; the materials of Mr. about in procession. The first witness obBurgess's were carried into Lincoln's-ian-fields, serves, that he threw up bis hat and his wig and burnt there : That thence he went roynd, both, that you may not mistake him for the and came into Lincoln's-inn-fields again, and man in his own black hair ; and another being found them very busy about that fire. He asked, what he had in bis hand? said, He bad tells you what questions were there asked, and nothing but bis wig ; and you will consider, what instigations were used one to another : whether the hair he had on then, was not the One asked, where is the lord Wharton's ? And short hair that the other witnesses speak of. others, where is the Bank ? and the cry was, The pext witness says, that he saw him at To the city, to the Bank, and damn them, we the fire first about nine: that he believes he will have all the meeting.houses down; and was there two or three hours; and that he afterwards Dammaree was one of them that called upon them to go away to Drury-lane, used that expression bimself: That then he and that he went with them that way. As to took notice, that from the middle of the fields the meeting. house in Drury-lane, none say Wiere divided a small hody, and he took notice that they saw him there. of a pretty tall, man leading them on : I was Still says, that he saw Dammaree in the then, says be, too far off to distinguish him; alley about eleven, and says, there was then
a but he says, be kept
on him, and com- fire in the fields; and be only says, that Dam. ing nearer he found it was Dammaree : That maree hallooed among the rest : but it may be be called on them to go to Drury-lane ; and material, by and bye, to consider bis being in that some proposing to go to Wild-street, some the alley about eleven ; for when you consider
the evidence of the women, of bringing the made the same outeries for their own safety. branch to the fire, and that the fire was dead They say likewise, that the man was in drink; burnt when they went away; you will then and I know not what use they would make of call to mind, that the bringing the branch was that, whether by way of excuse of bis crime, one of the last things.
or whether it is to shew that he could not do Mitchell says little more, than that he saw what he is alleged to have done. They call him hallooing, and throwing up his hat; and Allen and Pink to shew where he was in the that it was about eleven o'clock. This there- morning; they only shew how early they fore only confirms that he was there, and that began to drink : and as Wood says, be conhe was in the alley.
tinued it till after ten at night. The next was Morgan : he says, that hear- The next is Wood, and he is material, if you ing of a great tumult at the meeting-house, can give credit to what he says: he says, be he went thither, and found them at work, and was at the Bell in Water-lane till a quarter a fire was made before he came: that Dam- after ten ; that there came in news that there maree was there, in his waterman's coat, was a fire in the Strand, and that was the which is a circumstance all the rest do agree reason of Dammaree's going out; that he in: that he encouraged the mob very much : started up, and said there was a gentlewoman that he walked round the fire with the bedstead in the Strand that was an acquaintance of his, that was thrown in, and some other things and he would go and belp her; that there were thrown in afterwards. This man asked upon he and Wood went out to assist this them, what they were doing? The guards are gentlewoman. It fell out, that as they were til coming, and they said, Damn the guards, and going through Temple-bar, there was so great the parliament too, we are ready to face them a multitude that came out of the Strand, that all. When they enquired where that man they stopt them, and they were carried along was that spoke of the guards (for he was a with the stream up Sheer-lane through Line 10 discourager of the business) thereupon he got coln's-inn, through the wicket, and there the off, and went away. He says, he saw the mob seized bith, and would bave him along doors of the meeting-house ihrown in, after with them. I am sorry, I must needs say, they had been carried in procession ; and that that we are forced sometimes to see such men it might be half an hour after ten, or more. brought into a court of justice ; I would not
The next is Eaton: he says, he saw him at take notice of it, were it noi flagrant and the fire, and saw several things brought to the visible to everybody's view. In the first fire, but did not see him bring any thing ; place, it is inconsistent with itself, that he but Dammaree appeared as one of the prin- should be going along Fleet-street by the cipal : and that Dammaree, and some others, Temple at ten, or between ten and eleven, abel compelled a soldier to pull off his hat, and that that there should be so great a crowd, when Dammaree spoke to him particularly; and the fire bad been three hours before, as they the time he speaks of is about half an hour would have it. From what place could this after ten.
mob cone? There is no account of any assemThis is the stress of the evidence for the bly of a mob that had been that way; but if queen, by wbich, supposing that there was they were stopt from going along, how could nothing said to oppose it, it is fully made out, they get across the street ? For it was more : that he was engaged with those other persons easy to go along by the walls, than to cross that did pull down Mr. Burgess's meeting- the street; and how could he get into that house, and assist in carrying the things to the stream ? He must force bimself into it first; tire in Lincoln's-ion-tields, and burning them: and how could that great crowd get into Sheerthat he led them away to Drury lane, and lane? Then in Lincolo’s-inn you are got that he and others said, ihey would have all the into a large place, and in that farge square
, meeting, bouses down. There was an oppo- unless a man would lay hold on bim, it is insition given to the guards, and you will find possible to drive him through that narrow that the like was done in other places.
passage at the wicket. Then what became of Now you are on the other hand to con- him after, he cannot give any account: somesider what defence is made for the prisoner, times he went by the dead wall, sometimes by aud by that, to weigh what credit you will Sheer-lane, and sometimes by Chancery; give to this testimony on the behalf of the lane. Then he is asked where they seized queen. They attempt to give an account Dammaree ? He says against the dead wall
: where he was all that day, and by that they I believe every body knows there is no dead would shew, that the witnesses produced for wall until you come to Lincoln's-ion-fields, the queen must be mistaken; because it is and that he who turned on the left-hand from impossible he should be there at the time they the mob could not see them seize him there. say he was, for they undertake to shew from But all that he says is overthrown by the other teò in the morning until eleven at night, where witnesses, for they contradict him as to his he was. And another thing they insist on is, going to assist this gentlewoman; no, he staid that wbat he did was by force and violence; an hour after the news : nay, that you may though they do not dený he was there, yet say have an instance of the uncertainty of the they, he did notbing more than the queen's computation of time, that witness, which is witnesses did: they pulled off their fats, and Bishop, says, the news was brought big af
half an hour past eight, and that he staid until | asked how they could see or observe him ? balf an hour past ten ; and then being asked, They say, they discovered him as they looked how long after the news was brought he went under the arms of some of the people. You away, he says, about an hour: and this is an will bave some regard to this evidence by-andinstance that people are not,exact in giving an bye. bour on such occasions.
The next is Walker, who is a waterman, and Fucard came next: he says only that he was says, he took up Dammaree at half an hour in drink. But that part of Wood's evidence, after eleven, for he took notice of the clock; whereby he would have you believe that he and there is reason to think, that while he was went in kindness to help the gentlewoman, is waiting in bis boat, he might observe the clock : contradicted by Bishop; for be said they had he therefore, I believe, may be relied on. He
a supper after the news of the fire; and the says, he carried bim cross the water, and set i postillion says, that he staid an hour at least. him down at, or near home; and therefore
you Ward and Giles give this account: that he may believe he did no more. was at Giles's shop in Fleet-street about half Hales says, that she met him at the Strand. an bour after ten, which is about the time that bridge near eleven ; there could not be much he went away from the Bell: that be staid difference in that time. Harbins says, she there till three quarters of an hour after ; but met him with Hales, and it was about eleven. they both contradict Wood, for he says he went This is the evidence as to the facts: they with Dammaree; but they say, he was not have called others to give an account of his rewith bim. She gives this account: that they putation ; anıt as of the one side his repritation heard there was a fire in Liocoln's-inn-fields is not attempted to be shaken before this time, long before this ; that they heard of it about 8 so they have brought witnesses to prove bim a o'clock, and that about that time they saw two firm man to the Church and Queen, and a men with irons, which they said were the irons peaceable man. He took notice of the proof the pulpit; and he says, that he knew them; ceedings of Dr. Sacheverell, and as one of the which does prove that the business. She was witnesses says, he wished that
, Sermon had not asked, bow she knew him to be ibe same man been printed, and then we had not had this and I think she gives a good account of it. bustle ; and that shews, in that instance, an inShe takes potice of one thing that some asked clination not to be engaged in such a mob as bim, who he was for? He did not make an. this. They shew other instances of his pressswer that he was for Aigh Church or Sacbe- | ing seamen for the queen ; and this is the terell, or any thing of that; but gave a civil strength of the evidence on the other side. answer: You see who I am for, I am for the As to the use they would make of the diffequeen.
rence in point of time, I would observe, that it Cummins says, that he saw a waterman in is difficult to set that right amoog his own wilthe queen's cuat, and that he saw him receive nesses ; and it is almost impossible to be exact a blow op his head for not taking off his hat; to half an bour. For Giles says, that he came and that he saw him pushed to and again; and to her sbop at a quarter after ten, and the other that he seemed to be very drunk; and this be witnesses say, be did not leave the alehouse till mentions to be about eleven o'clock.
half an hour after ten : but this is no objection. The next are Reading and Prince; they | It is not to be expected that people should be came together, and went together : they say, so exact upon such an occasion ; therefore how they saw the sconce brought by a short man in does this oppose the evidence of the other side? bis own black hair, and that this
man had on a If they had not brought some witnesses themwaterman's coat with a badge, but they could selves to prove he was there, they might as not distinguish it; they could not distinguish well have used it as an argument to prove he the colour of the coat, but bis hair was black, was not there at all. For they have given an and be a little man; and though they were not account of him till eleven; but you must connear him, yet they were near Dammaree soon sider what credit is to be given to some of their after. About three quarters of an hour after, own witnesses, that prove he was there ; and going homewards, they went towards Queen- | then you must consider what weight is to be street
, and there they met Dammaree (that was laid on the variance of time, when all lies in about eleven) coming from Queen-street, and the compass of about two hours. You observe going to the fire. li seems they had some talk too, that they give no account where be bad with him, and he kissed one of them, and they been when he came from towards Queenare sure that this is the man, and there they street; for if it be true that he was ill used for find bim at eleven. Cummins saw him at the not pulling off bis bat, how comes he 10 be fire at eleven, and be was with Mrs. Giles three coming back again to the same fire? Therequarters of an hour after ten. These women fore consider bow far they are to be reconciled; say, when they observed this short man, they for if there is a way to reconcile tbero all, that were without the mob : when they came to the will be an inducement to you to believe they all fire, there was a great mob about it; and as speak right. you have heard from others of the witnesses, Collier says, he saw him bring the branch, that there were some thousands, you may ima that it was pretty near the time of his going gine themi some' hundreds. They were behind away to Drury-lane, and it was not long before the mob, and he a short wan: and they were the time that the women went away, and met him coming back again : so that though it was doing mischief, must not be an excuse for dobegun to be rifled at eight o'clock, yet by the ing it.* evidence of the women, it appears that the As to his reputation, I ought to take notice branch was thrown in between ten and eleven ; to you what I think is the nature of that sort of and that is consistent with the time that he left evidence, and the proper weight that is to be Mrs. Giles. Then if that be so, what is there given to it. Wben a man is accused of any that contradicts it? Nothing but a computation crime that is wicked or dishonest, and it is not in time, and an easy supposition sets that right. fully proved upon him, but it is in doubt; then If they mistook but half an hour, or an hour, it his reputation is of great moment, because it is sets all right; and it is easy in such a hurry to not to be thought that a man of a good reputamistake it. *
tion would be guilty of such a crime as carries Orrel says, that Dammaree led the mob to- slander with it. But you will consider, in the wards Drury-lane through Great Queen-street; first place, that that is not to prevail against then, when he bad done his work there, and positive evidence, if you believe the witnesses ; the guards had dispersed them, be comes back if so, a man must always escape the first crime again, and the consequence is, that those two he is guilty of. But there is another unfortuwomen should meet him. This falls in with uate circumstance I must observe, that we are what the witnesses say, that he led them to- in a time wben many people were led into a wards Queen-street about eleven, and they say, belief, that doing these actions was a com: they met him coming from that way back again, mendable thing ; that it was a shiewing their about eleven ; and they do not pretend to give zeal to the queen and the church ; and I doubt any account of bim that way, though it might not, but many of tbem that were concerned in have been as easy for him to do it, as to give this matter were poor mistaken men that an account of himself in Lincoln's-inn-fields. thought they were doing their duty, and what And if this man was only forced to throw up did well become them. And if that be the case, his hat and huzza, and got from them as soon then his reputation and good behaviour before as he could, bis nearest way to Strand-bridge is of no consideration. was not by Great Queen-street; and iben how comes he to come back again ? But if he set See vol. 7, p. 150. Leach's Hawk. Pl. them on in Drury-lane, it was then very proper Cr. book 1, ch. i, s. 6. Paley (Principles of for him to come back and visit his friends that Moral and Political Philosopby, b. 4, chap. 2:) he bad left in Lincoln's-inn-fields, and see how has some casuistical learnivg on the guilt of the work he left them to do went on. Then drunkenness, in so far as it subjects the drunkard the time that the waterman carried him over is to the bazard of committing crimes, which in a right; that after all was done, he should go state of sobriety be would not commit. home; but it does not appear which way he
Fielding (Tom Jones, book 5, chap. 9.) tbus went, and he might do all these things charged, comments on a representation of Eschines
, and yet go home at that time.
that druokenness exhibits the character of the As to his defence that he was forced, there mind, as a mirror exhibits the features of the is only Wood and the man that went to see bis
countenance : apprentice. Cummins only saw him receive a blow for not pulling off his hat; and says, he
“ Nothing is more erroneous than the comwas shoved about by the mob: but it is plain, and quarrelsome when they are drunk, are
mon observation, that men, who are ill-natored he was one of them that forced the soldier to huzza and pull off bis hat, and there is nothing drink, in reality, doth not reverse nature, or
very worthy persons when they are sober: for to contradict that. They take notice of bis being in drink; it is reasonable to think it was so, them before. It takes away the guard of rea
create passions in men, which did not exist in but that is not to be any excuse at all: I believe son, and consequently forces us to produce a great many of those people might be in drink, those symptoms, which many, when sober
, and that is a fit preparation for such enterprizes have art enough to conceal
. It beightens and as these ; when men are going to act so contrary to law, they ought to prepare themselves passion which is uppermost in our mind,) so
inflames our passions, (generally indeed that for it by drink, and a little more might carry that the angry temper, the amorous, the gethem to any other houses; nay, might nerous, the good-humoured, the avaricious
, carry them to St. James's. If a man be guilty and all other dispositions of men, are in their of a crime of so great consequence, it is no excuse that he is in drink: it is a crime that he cups heightened and exposed.” is in drink; but he was not so far disordered, This Case of Dammaree was referred to in but be knew what he was about: he could the Trial (March, 1737, before the Court of Juslead them to Drury-lane, tell them that be ticiary in Scotland,) of William Maclauchlan, would have all the meeting- bouses down, and for being one of the Porteous mob (Mac-Laurin, use proper words to encourage them: there- 633,) wherein the excuse of drunkenness was fore that drink, that does not disable him from alleged, and authorities from the civil law cited
as to the point. * 1o Parcbase's Case, the Chief Justice See also Barrington's Observations on Staseems to lay rather more stress upon such a tutes made 2do vulgo primo Jacobi: Blackst. variance,
Comm. book 4, chap. 2, 8. 3.