House of Lords Journal Volume 19: 23 March 1710

DIE Jovis, 23 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Duties upon Candles, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying certain Duties upon Candles, and certain Rates upon Monies to be given with Clerks and Apprentices, towards raising Her Majesty's Supply for the Year One Thousand Seven Hundred and Ten."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time spent therein, the House was resumed.

And the Lord Delawarr reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Messages from H. C. with Bills.

A Message from the House of Commons, by Mr. Aisleby and others:

Who brought up a Bill, intituled, "An Act for the better Security of Rents, and to prevent Frauds committed by Tenants;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Robert Eyden and others:

Who brought up a Bill, intituled, "An Act to enable the Corporation of Leverpool to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the Town of Leverpool;" to which they desire the Concurrence of this House.

Liverpool fresh Water, Sir C. More's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Corporation of Leverpool to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the Town of Leverpool."

Court of Justiciary, Scotland, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging the Attendance of Noblemen, Barons, and Freeholders upon the Lords of Justiciary, in their Circuits, in that Part of Great Britain called Scotland; and for abolishing the Method of exhibiting Criminal Informations by the Porteous Roll."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Message from thence, to demand Judgement against Doctor Sacheverel.

A Message was brought from the House of Commons, by Mr. Neville and others:

To acquaint this House, "That the House of Commons, with their Speaker, do intend immediately to come to this House, to demand Judgement against Doctor Henry Sacheverell; and therefore desire that the Painted Chamber and Passage to this House may be cleared."

The Messengers were called in, and told, "That the Lords will give Order, as is desired."

And accordingly the Officers attending this House were commanded to clear the Painted Chamber and the Passages to this House.

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

The Commons, with their Speaker, being present;

The Deputy Gentleman Usher of the Black Rod brought the Prisoner to the Bar; who, after low Obeisances made, kneeled until the Lord Chancellor bid him stand up.

Then the Speaker said, as follows; (videlicet,)

Commons demand Judgement.

"My Lords,

"The Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain, did, at this Bar, impeach Doctor Henry Sacheverell of high Crimes and Misdemeanors, and did exhibit Articles of Impeachment against him, and have made good the same: I do therefore, in the Name of the Knights, Citizens, and Burgesses, in Parliament assembled, and of all the Commons of Great Britain, demand Judgement of your Lordships, against Doctor Henry Sacheverell, for the said high Crimes and Misdemeanors."

Then the Lord Chancellor said,

"Mr. Speaker,

"The Lords are now ready to proceed to Judgement, in the Case by you mentioned."

Censure against Doctor Sacheverel.

"Doctor Sacheverell,

"The Lords having found you guilty of high Crimes and Misdemeanors, charged on you by the Impeachment of the House of Commons; and you, being thereupon admitted to the Bar, and acquainted therewith, moved Two Things in Arrest of Judgement:

"1st. That no entire Clause of either of the Books or Sermons, referred to in the Impeachment, is specified, or particularly set forth, in any of the Articles of Impeachment.

"2d. That, in the Title of the Articles exhibited by the Commons, the Style of the Commons runs thus,

"The Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain;"

"Omitting the Words Commissioners of Shires and Boroughs.

"I am to acquaint you, That the Lords took these Points into Consideration.

"1. And as to the First, they found,

"That, on Occasion of the Question put to the Judges in Westminster Hall, and their Answer thereto, their Lordships had before fully debated and considered of that Matter; and had come to the following Resolution:

"N° 1. 11th March. That this House will proceed to the Determination of the Impeachment of Doctor Henry Sacheverell, according to the Law of the Land, and the Law and Usage of Parliament.

"And after, to the Resolution, N° 2.

"N. 2. 14th March. That, by the Law and Usage of Parliament, in Prosecutions by Impeachments for high Crimes and Misdemeanors, by writing or speaking, the particular Words supposed to be criminal are not necessary to be expressly specified in such Impeachments.

"So that, in their Lordships Opinion, the Law and Usage of the High Court of Parliament being a Part of the Law of the Land, and that Usage not requiring the Words should be expressly specified in Impeachments; the Answer of the Judges, relating only to the Course in Indictments and Informations, does not affect your Case.

2. As to the Second:

"Their Lordships finding, that, in the Act 6° A'æ R. for rendering the Union of the Two Kingdoms more entire and compleat, the Terms Commissioners of Shires, and Knights of the Shires, Commissioners of Boroughs, and Burgesses, are used as synonymous Terms, signifying the same Thing: They were clearly of Opinion, there can be no Weight in that Exception; and accordingly over-ruled the same, without considering how far a Mistake in the Title of the Articles would vitiate or avoid an Impeachment.

"So that the Lords find themselves obliged by Law to proceed to Judgement against you; which I am ordered to pronounce;

"And in which you cannot but observe an extreme Tenderness towards your Character, as a Minister of the Church of England.

Judgement pronounced.

"Therefore this High Court doth adjudge as follows:

"That you, Henry Sacheverell Doctor in Divinity, shall be, and you are hereby, enjoined, not to preach, during the Term of Three Years next ensuing.

"That your Two printed Sermons, referred to by the Impeachment of the House of Commons, shall be burnt, before The Royal Exchange in London, between the Hours of One and Two of the Clock, on the Twenty-seventh Day of this Instant March, by the Hands of the Common Hangman, in the Presence of the Lord Mayor of the City of London, and the Two Sheriffs of London and Midd'x."

Then the Speaker, with the Commons, returned to their House.

And Doctor Sacheverell being withdrawn;

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Dr. Sacheverel's Two Sermons to be burnt:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor Henry Sacheverell's Two printed Sermons, one preached at Derby Assizes, and the other at St. Paul's, London, referred to by the Impeachment of the House of Commons, shall be burnt, before the Royal Exchange in London, between the Hours of One and Two of the Clock, on the Seven and Twentieth Day of this Instant March, by the Hands of the Common Hangman, in the Presence of the Lord Mayor of the City of London, and the Sheriffs of London and Midd'x.

To the Lord Mayor of the City of London, and the Sheriffs of London and Midd'x.

And the Judgement and Decree of Oxford University, 1683, to be burnt.

The House taking into Consideration a Judgement and Decree of the University of Oxford, passed in their Convocation, the One and Twentieth of July One Thousand Six Hundred Eighty-three, given in Evidence by Doctor Henry Sacheverell at his Trial, upon the Impeachment of the House of Commons, and thereupon lately reprinted: It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement and Decree contains in it several Positions, contrary to the Constitution of this Kingdom, and destructive to the Protestant Succession, as by Law established.

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement and Decree, lately printed and published in a Book or Pamphlet, intituled, "An entire Confutation of Mr. Hoadley's Book of the Original of Government, taken from the London Gazette, published by Authority, London, reprinted in the Year 1710," shall be burnt, by the Hands of the Common Hangman, in the Presence of the Sheriffs of London and Midd'x, at the same Time and Place when and where the Sermons of Doctor Henry Sacheverell are ordered to be burnt.

To the Sheriffs of London and Midd'x.

Doctor Sacheverel's Trial to be printed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord High Chancellor of Great Britain, do give Order for the printing and publishing the Trial of Henry Sacheverell Doctor in Divinity; and that no other Person do presume to print the same; and further, that the last mentioned Resolution and Order agreed on this Day be printed at the End of the said Trial.

Clements attached, for printing Parts of it.

The House taking Notice, that Doctor Henry Sacheverell's Speech, and several other Parts of the Trial of Doctor Henry Sacheverell, have been printed without Leave, contrary to the Standing Rules of this House, and that during the said Trial:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, or his Deputy, do forthwith take into his Custody the Body of Henry Clements, and bring him, or such others as he shall find guilty thereof, to the Bar of this House, to answer for his or their Offences; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Gaming, to prevent, Bill.

Then the Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better preventing of excessive, immoderate, and deceitful Gaming:"

The Question was put, "Whether this House shall be now adjourned during Pleasure, in order to be put into a Committee upon the said Bill?"

It was Resolved in the Affirmative.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Delawarr reported, "That the Committee of the whole House had made some further Progress in the Bill; and desire another Time may be appointed, for the House to be in a Committee again, to proceed on the said Bill."

Ordered, That this House be put into a Committee again, to proceed further therein, on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.