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preacher in this passage, that I confess it amazes me to consider with what positiveness he has thought fit to deny any such thing was meant by him. The persons whom the superior pastors are summoned to anathematize, are the same with those, whom the other pastors and people are to have no fellowship withal, but to reprove. These, by the necessary connection of his discourse, are our Dis. senters; whose works of darkness he states to be schism and faction: those Dissenters to whom the government hath granted a Toleration; as himself, in the same passage, takes notice. Which being so; I shall leave the Doctor to deny and protest, as he pleases; but when all is done, his own words will rise up against him, and appear to every impartial person so plain, and positive, as to put it beyond the power of any artificial interpretation to perplex the meaning of them.

And this lets us into the true application of those passages of Scripture, with which he concludes his whole discourse. In which, having shewn the danger of our Church from these False Brethren, and exhorted his auditory to a steady courage and resolution in the defence of it; he thus at once both inforces his doctrine, and abuses his adversaries. That though the Church (for to that he applies, what Zechariah (xiii. 6.) spake of the false prophets that seduced the people) lies bleeding of the wound she has received in the house of her friends: a passage first thrown at myself, for defending the prince's authority, when some of these very men engaged as vehemently on the side of liberty, against the rights of the crown, as they now pretend to stand up vigorously for it: [Lament. i. 4, 5,] Though the ways of Zion may mourn for a time (so the Doctor glosses upon the text) and her gates be desolate; her priests sigh, and she in bitterness, because (it is the preacher's reason, the text has no such word) her adversaries are chief; he means in the administration under her majesty; and her enemies at present prosper; (so he again improves the text; in hopes, I suppose, that it will not be long before he shall have preached them out of their places :) [Lament. i. 2.] Though among all other lovers she has few (the prophet complained that Jerusalem had none) to comfort her; and many (Jeremiah said all) have dealt treacherously with her, and are become her enemies; (he refers to those of whom he had before spoken, page 22.) [Isaiah li. 18.] though there are few to guide her among all the sons which she hath brought forth; neither are there many to take her by the hand of all the sons that she hath brought up; (Isaiah in both places, says none :) Though her enemies cry, down with her, down with her, even to the ground: that is, in other words, Though (the preacher, and a few of his friends, excepted) both the fathers and pastors of the

* See Dr. Atterbury's Rights of an English Convocation.

Church; and the men who are at present in power, and authority, in the state, are become False Brethren, and run in with those enemies of the Church, our Dissenters, against it; "Yet there is a God that can, and will raise her up, if we forsake her not."

It were an easy matter to make many proper remarks upon these passages of Scripture thus applied, or rather abused, by the preacher: but that would be besides my present business; and will fall in more properly under the last Article of this Impeachment. It is enough that I have, I hope, fully shewn your lordships how Dr. Sacheverell has treated, if not the Indulgence itself, yet I am sure, those who are entitled to the benefit of it: and who, if they shall have the misfortune, by this kind of preaching, to be once generally thought such wicked, false, and dangerous enemies to our Church and State as they are here represented, I cannot think that their indulgence will hold long. If they have numbers to secure them, it is well for them: but otherwise I am sure as the case is here stated, it must be our wisdom, as well as duty, to suppress them.

How criminal such an invective as this will be accounted in the eye of the law, I dare not presume to suggest much less shall I pretend to intimate what censure it may deserve, Somewhat I think should be done to put a stop to such preaching, as if not timely corrected may kindle such heats and animosities among us, as may truly endanger both our Church and State. As for the preacher himself, I am very willing to come into any measures of favour to him, that are consistent with your lordships' honour and justice, and will answer the ends of the Impeachment that has been brought before us against him.

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My lords; I am very sensible under what disadvantage in the opinion of many, a bishop must speak against a clergyman that stands accused of crimes committed by him in the seeming execution of his office; especially after having been so publicly required to be an advocate as well as a judge. And I am the more sensible of this prejudice lying against me, for having been so lately called into that order, and for being so unworthy of it.

But I think myself obliged notwithstanding, under all these disadvantages, to deliver not only my judgment, but also the reasons that determine me to it: which I shall do as plainly as I can; with that deference to your lordships, which I am sure it must upon all occasions particularly become me to pay; and at

* Dr. Charles Trimnel.

A

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for High Crimes and Misdemeanors. the same time with that freedom which I think the importance of this cause does at this time require.

Dr. Sacheverell stands impeached by the Commons of Great Britain, of High Crimes and Misdemeanors expressed in the several Articles of the Charge exhibited against him; and your lordships have heard what they have said in support of that Charge, as well as what has been offered in the Doctor's defence. Your lordships have also debated among yourselves the merits of the cause as to the first of these Articles; and have come to a resolution, that the Commons have made good that part of their Charge; and which resolution as I did heartily concur, so I was ready to have humbly represented to your lordships iny reasons for so doing, had there been either occasion or room for it.

Your lordships are now upon the second 'Article; wherein the Doctor is charged for suggesting and maintaining, that the Toleration granted by law is unreasonable, and the allowance of it unwarrantable; with other particulars that have immediate relation to this general Charge, and which are indeed so many proofs of it.

In this view therefore, my lords, I beg leave to consider them: and the first of these instances in support of this charge, is, that he asserts, that he is a False Brother with relation to God, religion, or the Church, who defends Toleration and Liberty of Conscience; and this, my lords, the Doctor does assert in so many words. It is one of the many marks he gives whereby we may discern who is a False Brother in those respects; not a small part of one general mark, as was alleged very inconclusively, I think, in his Defence. For if it was to be granted, (though it cannot be fairly pretended) that the Doctor makes the defending of Toleration and Liberty of Conscience, one branch only of the character of a False Brother; I do not see how it could make even a part of that character, if there was no False Brotherhood in it. And I shall not trouble myself or your lordships with going about to settle the degrees of False Brotherhood that are in this part of the character, because I think every degree of it is unreasonable and not to be warranted.

And therefore the Doctor cannot make it so much as a part of the character of a False Brother to defend Toleration and Liberty of Conscience, as it is confessed that he does, but he must at the same time suggest and maintain that the Toleration is unreasonable, and the allowance of it unwarrantable. For it can never be any degree of False Brotherhood, to defend what is reasonable and warrantable: Nor would even the Doctor, as inconsistent a man as several of the noble lords that have spoken for him represent him to be, ever have made it one; if he had not himself condemned that which he blames others for defending.

The second instance alleged is, that he calls archbishop Grindall a false son of the Church,

A. D. 1710.

[518 and a perfidious prelate, for deluding queen Elizabeth into the Toleration of the Genevian discipline. I shall not, my lords, go about to add any thing to the full and just vindication you have beard of that excellent prelate. But can any of your lordships believe, that a presbyter of the Church of England, professing more than ordinary zeal for episcopacy and the constitution of this Church, should bestow such language on one who was the first bishop and the ornament of it so long; only for disposing that glorious queen to a mild treatment of the Puritans of that time, which is the utmost that is pretended to be laid to his charge, if he had thought Toleration a reasonable thing, or what was fit to be established by law?

This, my lords, I confess can never enter into my thoughts, as ready as I am to enlarge them, for the admitting of any favourable construction that will not shut out common sense.

The third instance is his making it the duty of the superior pastors to thunder out their ecclesiastical anathemas against persons entitled to the benefits of the Toleration. And to shew that he has done this, I need only refer your lordships to that part of his Sermon where the superior pastors are called upon to do so; viz. the fourth and last general head, where he draws the consequence of all that he had spoken before, in the following words :* ، Now what should be the result of this long discourse, but that if we bear any true concern for the interest, honour, and safety of our Church and government, we ought stedfastly to adhere to those fundamental principles, upon which both are founded, and upon which their security under God alone depends; and consequently that it highly behoves us, cautiously to watch And indeed it against, to mark, and avoid all those that thus treacherously desert them. would be both for our advantage, as well as their credit, if such men would throw off the mask, entirely quit our Church of which they are no true members, and not fraudulently eat her bread, and lay wait for her ruin, purloin her revenues, and ungratefully lift up their heels against her. For then we should be one fold under one shepherd; all those invidious distinctions, that now distract and confound us, lost; and we should be terrible like an army of banners to our enemies; who could never break in upon such an uniform and well-compacted body. This indeed would be a true peace, and solid union, when we should all with one mind and one mouth glorify God, and not with a confused diversity of contradictious opinions, and inconsistent jargon of worship, which the God of peace, purity and order, cannot but abhor. As it is a maxim in politics, that all governments are best supported by the same methods and counsels upon which they are founded; so it will appear undeniably true in its application to our constitution, which can be maintained by no other principles, but those on which it is built, and like their basis, the Vide Serm. page 22, 1. 4.

ecclesiastical anathemas; nor can the charge be avoided by that distinction which was offered in his behalf, between a censure purely spiritual, and an ecclesiastical censure. For admitting there is ground for that distinction in a scholastical consideration of the general question of Christian censures; yet there is no room to make use of it in this case, because he calls expressly for ecclesiastical anathemas, which can be applied to none but such as are part of the order and discipline of this Church.

And it is certain, my lords, that these censures cannot, since the Act of Toleration, be inflicted upon Dissenters, how much soever their schism remains; because it is expressly provided by act of parliament, (an act, my lords, of the whole Christian society, to which the superior pastors were personally concurring) that they shall not be treated as schismatics in the way of those ecclesiastical censures, to which their separation would otherwise have certainly subjected them.

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 endangers the whole frame and body. These things, however little they may be represented by our adversaries, will be found of the most considerable consequence. Let us therefore, as we are unhappy sharers of St. Paul's misfortune, to have our Church in perils among False Brethren, follow his example and conduct in a parallel case. He tells us in his epistle to the Galatians, c. 2, That he was obstructed and pestered in his preaching the gospel, by False Brethren unawares brought in, who came privily to spy out his liberty, which he had in Christ Jesus, that they might bring him into bondage: To whom he gave place by subjection, no not for an hour, that the truth of the gospel might continue with the Church. Doubtless this brave and bold resoJution did the Apostle take by the peculiar command and inspiration of the Holy Ghost; and yet if our Dissenters had lived in those times, they would have branded him as an intemperate, hot, furious zealot, that wanted to be sweetened by the gentle spirit of charity and moderation forsooth! Schism and faction are things of impudent and incroaching natures, they thrive upon concessions, take permission for power, and advance a toleration immediately into an establishment. And are therefore to be treated like growing mischiefs, or infectious plagues, kept at a distance, lest their deadly contagion spreads. Let us therefore have no fellowship with those works of darkness, but rather reprove them. Let our superior pastors do their duty in thundering out their ecclesiastical anathemas, and let any power on earth dare reverse a sentence ratified in heaven."

Can any thing, my lords, be plainer than that the Dissenters, and they only are here spoken of? And what does the Doctor say in his own Defence, to avoid it? His words in his printed speech are these:

"Schismatics, my lords, are not the only persons against whom ecclesiastical censures may be denounced: The works of darkness which I referred to as fit to be reproved, in that part of my Sermon where I speak of these censures, are of the same kind with those mentioned by the Apostle, whose words I produced. All lewd and immoral practices," &c.

It is very true, my lords, Schismatics are not the only persons against whom ecclesiastical censures may be denounced, but I must still say they are the only persons referred to, in the paragraph I have read to your lordships; and therefore I own I am a good deal concerned, to find the Doctor making so vain, so unsincere a defence. For it is not works of darkness in general he is cautioning against, but expressly, by a word of his own inserting, not the Apostle's, those works of darkness mentioned immediately before; schism and faction, which with him go always together.

These are the sins against which he calls

And though I cannot undertake upon memory to be very particular, yet I dare venture to say, there have anciently been relaxations of the discipline of the Church, even when the crime was thought to deserve the continuance of it, for public expedience, and better preserving the peace of the Christian world: And that in such cases any presbyter or bishop would himself have been censured, if he had not acquiesced in such relaxations.

My lords, a presbyter of the Church of Eng. land, is the more obliged to acquiesce in all such relaxations amongst us as are legally made, because he has solemnly promised at his ordina. tion, that he will give his faithful diligence always so to minister the doctrine, and sacraments, and the discipline of Christ, as the Lord hath commanded, and as this Church and realm bath received the same."

I have already observed to your lordships, how the discipline of the Church stands at present as to the point in question. And as the relaxation of it in that particular, was agreeable to that temper which the bishops who petitioned king James, gave the Dissenters ground to expect; so I am verily persuaded, that the Church is so far from being hurt by this indulgence, that it has received advantage as well as credit from that moderation which gave way to it. I could give several instances of this within my own observation, while I was arch-deacon, under a reverend prelate that sits now before me, and since I have had the honour to be on this bench: in which compass of time several men of sobriety and learning, bred up to be ministers amongst the Dissenters, have left the separation, and upon due trial have been admitted to orders in our Church; in which they have of ficiated with entire conformity to our rules, and to the honour of our holy religion.

These instances have been so frequent and remarkable, since the Dissenters have been exempted from the penalties of certain laws, above what had been observed before; that I

think it very ill becomes any clergyman to preach against that exemption, as the Doctor (notwithstanding his reserve for consciences truly scrupulous) has done, and to call upon his superiors to act in contradiction to it. He should have forbore doing this, at least out of regard to her majesty, who had been graciously pleased to declare from the throne, that she would preserve the Toleration inviolable; a resolution I shall ever think it my duty, upon all proper occasions, to express my approbation of, as just and wise and charitable, and every way agreeable to the spirit and genius of the Christian religion.

I shall not, my lords, enter into the enquiry of what sentences are ratified in heaven: but as one may venture to say, that all that have been pronounced on earth, are not ratified there so, by all I have seen of the Doctor's spirit in these matters, I have great reason to fear, that if the power of the keys was in his hands, it would often be very sadly abused. However he has so good an opinion of his own spirit, as to put his superiors in mind of another part of their duty, immediately after that I have mentioned; and that is, to promote men of probity, conscience and courage; without which, he thinks, they cannot be fit members of the Church militant; in which I can as little agree with him as in the former demand. For if I may judge of the probity, conscience, and courage he thinks so deserving, by what appears in bis Sermon, compared with his Speech to your lordships, I cannot think them qualifications for a minister of the Church of Christ in any respect; and I hope I shall be so happy as to find all the reverend prelates, with whom I have the honour to sit, agreeing with me in this.

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But though hope such a conduct will never recommend any person to favour, yet I do not desire that even that which I heartily blame should be punished so much as I think it deserves. And though he, who pleads so warmly for wholesome severities towards those who differ from him, has the least title to your

lordships' compassion; yet I hope he will find it, as far as the just concern you have for the public tranquillity will allow you to shew it.

This I say from that which, I bless God, is the natural temper of my mind, and not from the care that has been taken by some to intimidate, as far as they could, those who were to have the cognizance of the Doctor's cause, and were not thought to be favourable to it.

I shall not take upon me to charge the Doctor or any of his particular friends with this practice, as great a temptation as one is under to do so from several circumstances. And it is not the least, that occurs in his prayers, which he has published upon this occasion, to represent not so much to God as to the world, that he is under persecution, when he is prosecuted for offending against the law, by those, who in common justice ought to be thought the fairest accusers; and before your lordships, who are justly acknowledged to be the most impartial judges.

However I will never believe, till I cannot avoid it, that any members of the Church of England who have acknowledged the government, much less any clergyman who has so often professed his obedience to it in Church and State, should have been any way accessary to those threatenings that have been given out, particularly against such bishops as should happen to condemn the Doctor's proceedings.

As far, my lords, as I have seen of this cause, I am likely to be one of those bishops; and though I do not pretend to any great share of courage, I am very free to declare to your lordships, that I am in no comparison so apprehensive of what may befal myself for condemning this person, as I am of what will probably befal the public, if your lordships should not condemn him.

But that is in your lordships' judgment, to which I humbly submit it: and only beg pardon for having detained your lordships so long in giving my reasons why I think the Commons have made good this second part of their 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.

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Trial of Daniel Dammaree,

the Keeper of Newgate, the Court proceeded
thus:

Clerk of Arraigns. Set Daniel Dammaree
to the bar. (Which was done.)

Clerk of Arr. Daniel Dammaree, hold up
thy hand. (Which he did.)

move counsellors, or against any statute, or to
any other end, pretending reformation of their
own heads, without warrant; this is levying
of war against the king: because they take
upon them royal authority, which is against
the king. There is a diversity between levy
ing of war and committing of a great riot, a
rout, or an unlawful assembly. For example,
as if three, or four, or more, do rise to burn, or
put down an inclosure in Dale, which the lord
of the manor of Dale hath made there in that
particular place; this or the like is a riot, a
rout, or an unlawful assembly, and no treason.
But if they had risen of purpose to alter reli-
gion established within the realm, or laws, or
to go from town to town generally, and to
cast down inclosures, this is a levying of war
(though there be no great number of the con-
spirators within the purview of this statute,)
because the pretence is public and general,
and not private in particular." (See the Notes
to the Case of Messenger and others, ante,
vol. 6, p. 879). And then he proceeds:

"Having stated all the cases now extant,
upon which the case of Dammaree and this
harsh doctrine rest, we are now to consider that
case. It came on at the Old Bailey in April
1710, before lord chief justice Parker, lord
chief baron Ward, Mr. Justice Tracy, and Mr.
Baron Bury.

[521

You stand indicted by the name of Daniel Danes, in the county of Middlesex, labourer; Dammaree, late of the parish of St. Clement your eyes, nor weighing the duty of your alfor that you, not having the fear of God before legiance, but being moved and seduced by

an attempt to render it ineffectual by numbers and open force."

rest whose authority I attempt to overthrow, I "If this case were exactly the same as the should not hesitate to class it with them, as one of the same set; notwithstanding the difference of times, and of the characters of the judges who presided; because the doctrine is avowed to be taken from them. But it seems to me to go much farther than any of them, and to establish a more dangerous doctrine, and therefore requires farther observation.

though it ought always to be borne in mind, "I will not dwell upon the circumstance, that the nation was at this time in a state of violent party fermentation, upon the very subject which occasioned this tumult and trial. The spirit of the impeachment of Sacheverell was infused into this prosecution of his mob. The Attorney and Solicitor General who conducted it, and the Chief Justice, had been managers of the impeachment in the month bereceived the unanimous approbation of all the fore. But the judgment upon the point of law judges, upon a consultation afterwards among themselves.

however, had not had time to prepare for The counsel for the prisoner, deep argument upon the law, having been applied to only on the night before the trial.

"The prisoner was the leader of a mob, those made against the former, is in the follow"My objection to this judgment, besides which during the trial of Dr. Sacheverell being doctrine, which I am sorry to find supported came very riotous in the support of his cause and party, and proceeded in great numbers to pull down the meeting-houses of the Dissenters; crying "Down with the Presbyterians." In this manner four meeting-houses were destroyed by them; at one of which the prisoner was present and active. Mr. Justice Foster (then a student) was one of the audience at this trial, and relates, (Disc. p. 215), that "the cases referred to before (meaning those given here) were cited at the bar; and all the judges pre sent were of opinion, that the prisoner was guilty of the high treason charged upon him in the indictment. For here was a rising, with an avowed intention to demolish all meetinghouses in general. And this intent they carried into execution, as far as they were able. If the meeting-houses of Protestant Dissenters had been erected and supported in defiance of all law, a rising in order to pull down such houses in general, would have fallen under the rule laid down in Kelyng, with regard to the demolishing all bawdy-houses. But since the meeting-houses of Protestant Dissenters are by the Toleration Act taken under the protection of the law, the insurrection in the present case was to be considered as a public declaration by the rabble against that Act, and

by Mr. J. Foster, viz. That circumstances of warlike array and arms are not essential to the crime. (Disc. p. 208). Furor arma ministrat, is the maxim which he adopts for the rule of law. This, however true in fact, will not serve for the occasion; for if you force the mind to infer guilt by strict technical arguments, you must admit the same in extenuation. If you found your doctrine upon precedents, you must adhere to them.

neral tenor of every one of the foregoing cases, "I take this rule to be contrary to the ge as well as to Hale's opinion. the Apprentices' Case; for those of Henry 8 have not circumstances enough related to be To begin with relied on. They conspired to get arms for 300` persons, from a warehouse near the Tower; most probably from the queen's stores: and they had a trumpet, and a cloak on a pole by way of flag. Although the circumstance may have an air of ridicule to us, it shews that the lawyers of that time thought otherwise.

In Bradshaw's Case they conspired to get that these cases were for conspiracy and intenarmour and artillery. And here let me repeat, tion only.

observes, that it was in a warlike manner and "In Bensted's Case the reporter particularly

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