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tire, in not finding the aiding and assisting ; ner; the man's confession coming afterwards for though they found the facts, yet they did by Lunt, which declares him to be the man not draw the conclusion from those facts. As that did the fact, we think it brings it home to to what has been said to the reputation of the prisoner. But we submit it to your lordGrore, I do not find it any ways affects him; it ship and the jury. is not proved that he has cheated, or that he is Mr. Darnell. My lord, as to the matter of a common gamester, or that he lives by that the confession, I think what Mr. Solicitor Geway. As to the reputation of the prisoner, neral says, by way of answer, will lay aside the there may be many honest men that might statute of king William, for it is, in effect, to think they did service at this time, and he say, that if the two witnesses to an overt-act might be desired among the rest; but that is are uncertain as to the person, his confession no argument why he should not be concerned must fix it upon him. If two witnesses will in the fact : whether he was or not, is what we swear that a man in a blue coat did commit must sabmit to the consideration of the jury. high treason, but are uncertain as to the man,
it shall be brought home to any man in a blue Mr. Thomson. My lord, as to the matter of coat, if he shall come and say that he did the law, it has been fully spoken to, and that the fact; so that the confession is entirely the evimtention was general, is proved; the only dence, for the other evidence could not convict question is, whether the prisoner was aiding, him without it. and so proved in a legal manner? I will only L. C. J. Do you apprehend that Grove's state how each overt-act is proved: the first evidence is not to be considered by the jury ? act is his going with a piece of wood on his Is it only, that some man or other did display shoulder, and throwing it into the fire; that the colours ? Does not his evidence go-furVictor swears positively. I asked, whether he ther? He says he went to see the man in was coming with it as from the meeting-house ? Newgate, and he believes, that man that he and be said he was: as to that, it is plainly saw there was the same: now how far that sworn upon him as to the man.
will weigh with the jury, is of another consideThe other overt-act is from Grove; there ration : and as to the case of Beadle the fact is indeed some uncertainty as to the person, was found there, but the jury not fiuding that Grove was not indeed very positive; he did he was aiding and assisting, the court could not observe a man at the fire ; be could not say supply it for them. whether he bad on a blue livery or green ; but L. C. Baron. You have laid a stress upon when he went to Newgate to see the prisoner, that which is found in the special verdict. See he did say he believed him to be the man. In- what the judgment of the judges was.
But as deed they pretend that he said something to Green in the first special verdict, and Beadle contrary to bis companion; but all be said then in the third special verdict, we all agreed, that was, that he could not be positive, but he did the verdict was not full enough, as to them, for say, he believed him to be the man. Now us to judge it treason in them, because the verthere being this uncertainty, what do we call dict only finds that they were present, and finds Lunt to bis confession of? If we call bim to no particular act of force committed by them; prore tbe overt-act by his confession only, there and doth not find that they were aiding and asmight be some colour to object to it: but the sisting to the rest: and it is possible one may. fact is proved to be done by Grove, and we call be present among such a rabble, only out of Lant ouly as to the identity of the person. cariosity to see, and whether they were aiding He only explains what Grove had sworn be- and assisting is matter of fact, which ought to fore: he swore the colours were displayed, and be expressly found by the jury, and not be left the confession is only as to the identity of the to us, upon any colourable implication ; and person. As to the reputation of Grove, they accordingly those two were discharged. did endeavour to asperse him, but I think they could not make any thing out: they do not L. C. J. Gentlemen of the jury, Francis pretend to prove any malice in bim ; nay, he is Willis, the prisoner at the bar, stands indicted the rather to be credited, because he will not be before you, for that he, upon the first day of positive. If he had had any malice, he would March last, with a great number of others, did have sworn positively, but you see he will not levy public war against her majesty. The
proof that has been offered by Mr. Attorney, Something was mentioned that there was a and the counsel for the queen, has tended to man in a green livery there, from whence they shew, that there was a general design of pullwould infer, that he was the man that was ing down all the meeting-houses; and that thus instrumental, and that it was not the man this prisoner did assist in it, did carry colours in in the blue livery; but that cannot be he, be it, and did other acts that gave assistance in it: cause be bad red buttons and red stockings ; so this is what they propused to make out against that that seems not to have much in it. They bim. pretend to account for him as if he was not The evidence was first Tolboy, who says, there, when Pryor says be met biin at eleven, that the day before he was going through the but he did not go home till twelve: so that we Temple, and there was a great mob that atthink having thus proved by Victor positively, tended Dr. Sacheverell from his trial, and by Grove thus circumstantiated in this man? among them be heard a discourse of pulling
down Mr. Burgess's meeting-house; he heard that his boy asked him, Wbat, Frank, are you no other mentioned; some were for pulling it one of them ? And thereupon he said, They down then ; others were for leaving it till the have made me a captain of a party; I took a next night, and others till the event of Dr. Sa. window.curtain, and made it colours; aod we cheverell's trial. What determination they burnt the clock. This they would apply to came to, he does not know, for he went away; clear that which Grove speaks a little more so that his evidence goes no further than prov. doubtfully, when he says only, that he believes ing a design to pull down one meeting-house. him to be the same person as be saw in New
The next witness is Grove; he gives an ac- gate. count of two meeting-bouses pulled down, and The next witness is Orrel, and be cannot fires made from the materials, one in Holborn, charge any thing upon the prisoner, but gives the other in Hatton-garden ; that at that fire an account of the pulling down the several in Holborn, he saw a man with a curtain on a meeting-houses, and the several mobs that were pole, and he called it High-Church standard, in Lincoln’s-inn-fields, Drury-lane, Holboro, and was active among the people; stopt and Black-friars, and their making general de coaches, and got money from those that were clarations, that they would have them all down. in them, and made them cry out as he did. And thus far his evidence is material, that there As for the person, he cannot say the prisoner is was a design to pull them all down ; it was he. He says he took notice of him, he was in publicly declared, and put in execution, as far a livery; and that he went to Newgate, and as they had time. Actions declare the intensaw one, who, he cannot be positive, but he be- tions; for when it breaks out into action, then lieves to be the same that he saw carrying the the design appears. He said something fur. curtain : but whether it is the prisoner at the ther, which is, that he saw a footman in a blue bar, that he cannot say: for he says he has not livery, that was busy at the fire, and encourag. the same clothes, por wig on, and that makes ing the people to throw the wood in. He says. him doubtful. Being asked, what colour bis he was a well-made man, much of the size of coat was, he is not sure whether it was blue or the prisoner. This is the evidence produced green; but he said, be rather believed it was against the prisoner ; and upon that you will blue.
take notice it is made out, that there was a geThis not being enough to bring it home to neral design put in execution, of pulling down the prisoner, they call another witness, who the meeting-houses; and that he was at one was Hill, who shewed him the prisoner: and fire in Hatton Garilen; and there is only the they brought Cubwidge, who went with him; belief of the witness so strengthened as to his and they tell you, that the man they shewed to being at the other. him in Newgate, was the prisoner at the bar; On the other hand, the prisoner in his Defence and these being laid together, it amounts to the tells you, that he is servant to a gentlewoman same thing as if he had sworn against the pri- in Grevill-street; that the family being going soner, as he did against the man in Newgaie ; to bed about ten o'clock, and seeing a light in that is, that he believed bim to be the same the street, ordered him to see what was the person that carried the colours.
matter: This was after the clock had struck The next is Victor; he says, that after the ten. He went into Holborn, and saw the fire ; fire at Holborn, they came to Leather-lane; but as he pretends, did not come near it; and that they got into the meeting-house there, and then he came back to his mistress's house; and worked hard to pull it down, but be does not so they insist, that they have given an account say the prisoner was in the meeting-house: of the whole time be was out. The first witbut the fire they made was in Hatton-garden, ness they produced was Mrs. Brisco, who was and there he saw the prisoner carrying a piece the daughter of his mistress ; she tells you the of wood, and throwing it into the fire, and occasion of sending him out; that she observed making an lauzza. He does not say where he a light, and directed bim to go; and tells you had that wood; he does not say that he saw the time, that he came back before the clock him bring it out of the meeting-bouse, and he had struck twelve ; and that she did express did not know him at that time, but be kept his ber anger for his staying so long. Mrs. Miles eye upon him; and not long after, he came by confirms the same; and being asked what acMr. Lunt's door, and the prisoner spoke to count he gave when he came back, both they Lunt: what he said, he cannot tell, but he and the maids say, he gave no account of the asked Lunt if he knew him; Lunt told him he fire; but she hearing that Lunt had something did; and when he was come so near, he does to say against him, and taking notice that he take upon him to say, that he remembers his was dejected, asked him, If he had done any face, and he takes him to be the same person. thing? And he said, Nothing to barm him. He was asked as to his features, but he does not Hodges speaks of his going out, but not of his go about to distinguish them; and it is difficult returning. Elliot says, she let bim in, but did for a man to describe those particulars, by not hear bim say any thing at all about the which a man distinguishes one from another. fire; but she says he was in a blue livery.
Then Lunt is called, and be confirms, that Then they call Pryor, and he tells you, he was the prisoner was at the fire at the same time corning from Westminster to Clerkenwell, he that Victor was at his door; that it was eleven saw the fire in Holborn, and at thę end of Leaat night; and that the prisoner spoke to him ; ther-lape he saw the prisoner looking on, bu
doing nothing, none of the mob with him; that, city to desire assistance ; some forces he had the prisoner and he walked along Leather-lane, assembled in his own house; others joined him and it was proposed, that they should drink in the city; it was adjudged they were all together, but they walking together, observed guilty of high-treason, though they did not a fire making in Hatton-garden ; that they know of his design; and those that were acciwalked by the street where his mistress lived, dentally there, and did depart, it was said, were as far as Brooks-market, and there they parted, entitled to her majesty's grace; but it is not and the prisoner turned towards his mistress's said they were Not Guilty. So was the Case house, and, as he thought, went home. Then of the Bawdy-bouses; yet it is not said, that they produce Fletcher, and he speaks as to any of them were the persons that formed the Grove's evidence: And to take off from that design of pulling them down. credit that otherwise bis testimony would have, You are therefore to consider, that it is not he says, that Good Friday, at nigbt, he told enough to charge the prisoner, that be was at him the prisoner was not the man, for the per- the two fires : It is not enough that there was son he saw had a green livery, and brass but- time for him to do what he is charged with, tons ; so he said at first : but upon enquiry a but you are to consider what is proved on him little more particularly, he did not tell him at that be did. You observe what is objected as that time that it was a green livery, but some to Grove, that there is a great uncertainty as to time before: And Grove being called again, his evidence, and that his credit is not fair: He does own the same ; and that he said he could does not charge the prisoner positively, nor not be positive, and that is what he now says, ever did. He differed as to the colour of his and only says, he believes him to be the same, cloaths : And though it is rightly observeri, and that he told the witness so at that time. that blue and green are not easily distinguishHolgate says, that about half an hour after ten ed by the light of the fire, yet that is not the he beard of the mob, and went to see it; that objection; the objection is, that the witness at he went to the fire in Holborn, and there he saw first declared, he believed it to be green, and a footman in green, but he had red buttons, and now he has told you, that he believes it to be the prisoner's livery was blue trimmed with blue, and that is not consistent, and does thereblack, and black buttons: But he says he saw fore a little concern his credit in this matter, a footman there in green, which is offered, to that he has changed his evidence. Then they let you see that there might be another person say, that he did not see him at the meeting that Grove did really see.
Then Clark is house: He saw somebody carrying colours, brought to give some account of Grove; he and believes this to be the man; but he says, says he kept a shop, and hroke, and never had he was not near enough to distinguish his a very good character. Ward says the same; cloaths, so he might not be able to distinguish and that he was a gamester; and that it was his face. But then they bring some witnesses reported he used to get his living that way: to shew he is not a man of so clear a credit, but And he tells you, the prisoner is of a good re- they do not charge any great matter upon him. putation ; and those of the family say as much As for his having broke, that may be a misforof him.
tune that may attend any man: But then they This is the substance of the evidence on both would support this by the confession he made sides
. The use that the counsel for the pri. to Lunt, who swears, that he said he made soner would make of their evidence, is first, to colours of a curtain. Now that may seen to shew that they have given an account of bis give some colour to it; but I ought to take notime; that he was otherwise employed than in tice of the orber part of bis confession, that the manner the witnesses for the queen bave they had made him captain of a party, which given an account of. Now it is certain, they does not appear to be likely; for as he was have pot; for they give an account only of a moving from ope party to another, it would be walk from Holborn to Brooks-market, whereas very natural for the captain to have his mob his own witnesses say he was out at least an with him, but it is plain be was unattended in hour and an half, so that there was time going from one fire to another. When he was enough for him to be there: And though that at that fire in Hatton-garden, he went away witness saw him going homeward, and not to alone, as Lunt says: And they do not say that the fire, yet it is certain, he did not go home he did encourage the mob. He did throw down then, and that he was at the fire, because two a piece of wood, and huzza, but he did not witnesses swear he was at the fire; and it does much encourage others. As to the piece of appear that he was at both the fires. Before I wood, one of the witnesses did not see it, and state that, give me leave to say, that there is a the other that did see it, did not see him in the full proof of a general desigo put in execution, meeting-house ; so that it is not proved he was of pulling down the meeting-houses, so any at either of the meeting- bouses, though he was one that is aiding in that, is guilty of bigh at the fires. Aud you may consider another treason, though he were not privy to the first circumstance, and that is, that this witness, design; for in high-treason there is no such Victor, did not know him before, nor did he know thing as accessary; all that are actors are what cloaths he had on; and it he had not come equally guilty, and that was the case of the nearer to him, to Luni's door, in probability, lord Essex : He went with some forces to re- be had not kpown him again ; but he says, he more some evil counsellors, and came to the saw hing throw a piece of wood into the fire;
aud he says be kept his eye upon that man, in green, that was active at the fire in Holborn, and saw him come up, and speak to Lant. and one of these two, perhaps, had the colours ; Now you will consider, whether such a man the question is which ? Grove first says, the might not, in a crowd, slip out of his eye, and man that had the colours was in green, and he might take another for him; for Lunt, then he says he was in blue. Now if the first that knew bim, says, he did not see him have be right, that he was in green, it does appear any timber at all.
there was such an one in green : If you be. These are the observations that, I apprehend, lieve he was the person that did make use of may be most proper for me to make to you. As these colours, and that he was assisting in poll. for the law, if you take it that he is the man ing down the meeting-house in Hatton-garden, that had the colours in Holborn, and afterwards then you are to find bim guilty: If you think came to the other fire, and threw the piece of he was not the person, you will acquit him. timber in there, he is nndoubtedly guilty of high treason : Therefore you must consider,
Then the Jury withdrew, and the Court ad. first , how far you believe he is the same that journed till five o'clock, when the Jury brought
in their verdict. carried the colours in Holborn, and how far you take him to be concerned in pulling down the Cl. of Arr. Francis Willis, hold up thy band. meeting-house in Leather-lane. I should take Look upon the prisoner: How say you? Is he notice of another thing, that there was a foot Guilty of the high treason whereof' he stands man in green, at the fire in Holborn, who was indicted, or Not Guilty ? very active; and that man could not mistake Foreman. Not Guilty. the colour of blue and green, because he knew Cl. of Arr. Did he dy for it? the prisoner: Now that being so, it does ap- Foreman. Not that we know of. pear there was a footman in blue, and another
445. The Trial of GEORGE PURCHASE, at the Sessions House in
the Old-Bailey, for High Treason, in levying War against her Majesty, in the Kingdom, under Pretence of pulling down Meeting-Houses : 9 Anne, A. D. 1710*.
DOMINA REGINA versus PURCHASE, challenge them, or any of them, your time is Die Sabbati Vicesimo Primo die Aprilis Anno to speak to them as they come to the book to be Dominæ et Reginæ predicto.
sworn, and before they be sworn.
Cl. Of Arr. Thomas Sutton, esq. (Who apThe Court being resumed, as in the trial of peared.)-Hold Mr. Sutton the book. You Francis Willis, and the same judges being pre- shall well and truly try, and true deliverance sent,
make between our sovereign lady the queen, Cl. of Arr. Middlesex Cryer, make procla- and the prisoner at the bar, whom you shall mation.
have in charge, and a true verdict give aoCryer. O Yes, O Yes; you good men of cording to your evidence. So help you God. the county of Middlesex, summoned to appear
Cl. Of Arr. John Furness. (He appeared, here this day, to try between our sovereigo and was sworn.) lady the queen, and the prisoners that shall be In like manner the other ten gentlemen ap. at the bar, answer to your names as you shall peared, and were sworn, whose names follow: be called, every man at the first call, upon pain
JURY. and peril shall fall thereon.
Thomas Sutton, esq.
Edward Boswell, Then the Jury that were returned on the John Furness, Robert Breakspear, papnel were all called over, and the appearances John Parsons, Richard Beatknife, of all those that answered to the call were re- Joseph Parsons, Richard Hazzard, corded.
John Meard, Cl. of Arr. Set George Purchase to the bar.
Humphry Newman. (Which was done.)
Cl. of Arr. Čryer, count these.-Thomas Cl. of Arr. George Purchase, hold up thy Sutton. band. (Which he did.)
Cryer. One, and so of the rest. Cl. of Arr. You the prisoner at the bar, these Cl. of Arr. Humphry Newman. good men, whom you shall bear called, and do Cryer. Twelve, good men and true, stand now personally appear, are to pass between our together, and hear your evidence. Are you sovereign lady the queen and you, upon trial all sworn, gentlemen ? of your life and death. If therefore you will Cl. of Arr. Cryer, make proclamation.
Cryer. O Yes, if any one can inform my * See the two preceding Cases. lords the queen's justices, the queen's serjeant,
the queen's attorney-general, or this inquest your said lady the queen her crown and dignity. Dow to be taken, of the high-treason of which –To this indictment he bas pleaded Not Guilty. the prisoner at the bar stands indicted, let them -Gentlemen, we shall call the evidence for the come forth, and they shall be heard, for now queen, and if they prove the charge, as laid in the prisoner stands at the bar upon his deliver- the indictment, we doubt not but you will find ance ; and all others that are bound by recog- lim Guilty. nizance to give evidence against the prisoner at
Att. Gen. (Sir James Montagu.) My lord, the bar, let them come forih, and give their evi. the prisoner at the bar stands charged with an dence, or else they forfeit their recognizance. indictment of high-treason. The species of And all jurymen of Middlesex that have ap- high-treason has been opened by the gentleman peared, and are not sworn, may depart the that opened the record : we shall prove it by
calling witnesses to shew that he was one of Cl
. of Arr. George Purchase, bold up thy those wicked persons that did assemble them. band. (Which he did.)—Gentlemen of the selves in Drury-lane: we shall shew, that this jury, look upon the prisoner, and hearken to his rebellious assembly was got together to do right,
He stands indicted by the name of as they called, to a gentleman who was under George Purchase, late of the parish of St. a prosecution of the House of Commons; his Andrew Holborn, in the county of Middlesex, name is known, I mean Dr. Sacheverell ;* labourer, for that he not having the fear of God they resolved, that to do bim justice, they would before bis eyes, but being moved and seduced be revenged on the meeting- houses of the Disby the iostigation of the devil, &c. (prout senters, and therefore they resolved to pull them in the indictment, mutatis mutandis,) against all down: that this design was framed in that the peace of onr sovereign lady the queen, her assembly that used to attend Dr. Sacheverell to erown and dignity, and againsi the form of the and from bis trial; it was there resolved to pull statute in that case made and provided. Upon down the meeting-houses in and about the city: this indictment he has been arraigned, and that in pursuance of that design, they did thereunto hath pleaded Not Guilty, and for bis meet in several places in this county, and the trial bath put himself upon God and his coun- city: that the prisoner was among those that try, which country you are. Your charge is assembled in Drury-lane; that he was with to enquire whether he be Guilty of the high his sword drawn ; that when the guards were treason whereof be stands indicied, in manner come (for they were too many to be withstood and form as be stands indicted, or Not Guilty. by the civil government) the constables and If you find him Guilty, you are to enquire what watch were too few to withstand that assembly, goods and chattels, lands and tenements he had therefore it was necessary, for the preservation at the time of the bigh treason committed,or at of all honest men's lives and estates, for to send any time sitbence. If you find him Not Guilty, the guards to suppress this tumult; and it was you are to enquire whether he fled for it: If great grace in her majesty to have that regard you find that he fled for it, you are to enquire to her people. When they came, they used of his goods and chattels, lands and tenements, them with more tenderness than they need have as if you had found him Guilty. If you find dove; they spoke to this man to put up his kim Not Guilty, nor that he fled for it, you are sword, and be gone: No, he came with a 10 say so, and no more, and hear your evidence. resolution, and till that was done, he would not
put it up. They came the second time, and Mr. Thomson. May it please your lordship, asked him, do you know that you are resisting and you gentlemen of the jury, George Pur- authority, in opposing the queen's guards? chase, the prisoner at the bar, stands indicted, You are opposing the queen's person, there. for that be, not having the fear of God before fore pray begone: No, he persisted in it
, and bis eyes, but being moved by the instigation of had the courage, or impudence, to assault the the devil, and designing to withdraw the officer that was at the head of the guards, and cordial love and oatural obedience, which true would have killed him, if one of the guards and faithful subjects of our sovereign lady the had not, by a lucky stroke, beat his sword queen do and ought to bear towards her, and down. He was so devoted to the cause, that intending to disturb the peace and common he declared he would lose his life in the cause ; tranquillity of this kingdom, on the 1st of and what was this cause? It was opposing a March last, in the parish of St. Clement Danes, just and necessary prosecution, that was carryin the county of Middlesex, traitorously com- ing on by the Commons of England, before the passed and imagined to levy war, and stir up greatest court in England, and, perhaps, in rebellion and insurrection against our said lady Europe ; and they thought fit to find bim the queen within this kingdom: and that he guilty of the charge that was laid against him. might accomplish his said traitorous imagina- This gave these people occasion to exercise tions and designs, on the said 1st of March, their revenge on all the meeting-houses. We and in the said parish being assembled, with a have had the determination of the court oftentooltitude and great number of people, armed times, that this is levying war within the statute and arrayed in a warlike manner, he did then of 25 Edw. 3. When we have made this and there unlawfully and traitorously levy war appear, we do not doubt but the jury will find against our said lady the queen, contrary to bim Guilty. the duty of his allegiance, against the peace of
See bis Case in the present Volume, p. 1.