House of Lords Journal Volume 19: 12 January 1710

DIE Jovis, 12 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hayward's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making effectual the Provisions intended by William Hayward, late of Quedgley, in the County of Gloucester, Esquire, deceased, for Payment of his Debts, and providing Portions for his Younger Children."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Gery:

To carry down the said Bill, and desire their Concurrence thereunto.

Perrin versus Dillingham.

The House being informed, "That the Lord Chief Justice of the Court of Queen's Bench attended, with Three Writs of Error, returnable in Parliament;" he was called in, and, in the usual Manner, brought up the Writs; (videlicet,)

Thomas Perrin Plaintiff, against Theophilus Dillingham Defendant.

Thomas Perrin Plaintiff, against Theophilus Dillingham Defendant.

Richard Gotlie Plaintiff, against Thomas Hyde Defendant.

Message from H. C. with Articles of Impeachment against Dr. Sacheverel.

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

Who brought up Articles of Impeachment against Doctor Henry Sacheverell.

Then the House proceeded to read the Articles of Impeachment, as follow; (videlicet,)

"Articles exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain, against Henry Sacheverell, Doctor in Divinity, in Maintenance of their Impeachment against him, for high Crimes and Misdemeanors.

"Whereas His late Majesty King William the Third, then Prince of Orange, did, with an armed Force, undertake a glorious Enterprize, for delivering this Kingdom from Popery and Arbitrary Power; and divers Subjects of this Realm, well-affected to their Country, joined and assisted His late Majesty in the said Enterprize; and it having pleased Almighty God to crown the same with Success, the late happy Revolution did take Effect, and was established: And whereas the said glorious Enterprize is approved by several Acts of Parliament, and, amongst others, by an Act made in the First Year of the Reign of King William and Queen Mary, intituled, "An Act, declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown;" and also by One other Act, made in the same Year, intituled, "An Act for preventing vexatious Suits against such as acted in order to the bringing in Their Majesties, or for Their Service;" and also by One other Act, made in the same Year, intituled, "An Act for appropriating certain Duties, for paying The States General of the United Provinces their Charges for His Majesty's Expedition into this Kingdom, and for other Uses;" and the Actings of the said well-affected Subjects, in Aid and Pursuance of the said Enterprize, are also declared to have been necessary, and that the same ought to be justified: And whereas the happy and blessed Consequences of the said Revolution are, the Enjoyment of the Light of God's true Religion established among us, and of the Laws and Liberties of the Kingdom, the uniting Her Majesty's Protestant Subjects in Interest and Affection, by a legal Indulgence or Toleration granted to Dissenters, the Preservation of Her Majesty's Sacred Person, the many and continual Benefits arising from Her Majesty's wife and glorious Administration, and the Prospect of Happiness to future Ages, by the Settlement of the Succession of the Crown in the Protestant Line, and the Union of the Two Kingdoms: And whereas the Lords Spiritual and Temporal and Commons in Parliament assembled, did, by their Address, of the Seventeenth of December in the Year of our Lord One Thousand Seven Hundred and Five, lay before Her Majesty the following Vote, or Resolution; (videlicet,) "That the Church of England, as by Law established, which was rescued from the extremest Danger by King William the Third, of Glorious Memory, is now, by God's Blessing, under the happy Reign of Her Majesty, in a most safe and flourishing Condition; and that whoever goes about to suggest and insinuate that the Church is in Danger, under Her Majesty's Administration, is an Enemy to the Queen, the Church, and the Kingdom;" and, by their said Address, did humbly beseech Her Majesty to take effectual Measures for making the said Vote or Resolution public, and also for punishing the Authors and Spreaders of such seditious and scandalous Reports; and on the Twentieth Day of the same December, Her Majesty was pleased to issue Her Royal Proclamation accordingly: Yet, nevertheless, the said Henry Sacheverell preached a Sermon, at the Assizes held at Derby, August the Fifteenth in the Year of our Lord One Thousand Seven Hundred and Nine, and afterwards published the same in Print, with a Dedication thereof: And the said Henry Sacheverell also preached a Sermon at the Cathedral Church of St. Paul, before the Lord Mayor, Aldermen, and Citizens of London, on the Fifth Day of November last, being the Anniversary Thanksgiving to Almighty God, for the Deliverance from the Gunpowder Treason, and for beginning the late happy Revolution, by giving His late Majesty a safe Arrival here, and for compleating the same, by making all Opposition fall before Him, till He became our King and Governor; which said Sermon, he the said Henry Sacheverell afterwards likewise published in Print, with a Dedication thereof to Sir Samuel Garrard Baronet, Lord Mayor of the City of London, and with a wicked, malicious, and seditious Intention, to undermine and subvert Her Majesty's Government, and the Protestant Succession as by Law established, to defame Her Majesty's Administration, to asperse the Memory of His late Majesty, to traduce and condemn the late happy Revolution, to contradict and arraign the Resolutions of both Houses of Parliament, to create Jealousies and Divisions among Her Majesty's Subjects, and to incite them to Sedition and Rebellion.

"1st, He, the said Henry Sacheverell, in his said Sermon preached at St. Paul's, doth suggest and maintain, "that the necessary Means used to bring about the said happy Revolution, were odious and unjustisiable; that His late Majesty, in His Declaration, disclaimed the least Imputation of Resistance; and that to impute Resistance to the said Revolution, is to cast black and odious Colours upon His late Majesty and the said Revolution.

"2d. He, the said Henry Sacheverell, in his said Sermon preached at St. Paul's, doth suggest and maintain, "that the aforesaid Toleration granted by Law is unreasonable, and the Allowance of it unwarrantable;" and asserts, "that he is a false Brother, with relation to God, Religion, or the Church, who defends Toleration and Liberty of Conscience; that Queen Elizabeth was deluded by Archbishop Grindall, whom he scurrilously calls a false Son of the Church and a persidious Prelate, to the Toleration of the Genevian Discipline; and that it is the Duty of superior Pastórs, to thunder out their Ecclesiastical Anathemas against Persons entitled to the Benefit of the said Toleration;" and insolently dares or defies any Power on Earth to reverse such Sentences.

"3d. He, the said Henry Sacheverell, in his said Sermon preached at St. Paul's, doth falsely and seditiously suggest and assert, "that the Church of England is in a Condition of great Peril and Adversity, under Her Majesty's Administration;" and, in order to arraign and blacken the said Vote or Resolution of both Houses of Parliament, approved by Her Majesty as aforesaid, he, in Opposition thereto, doth suggest the Church to be in Danger; and, as a Parallel, mentions a Vote, that the Person of King Charles the First was voted to be out of Danger, at the same Time that His Murderers were conspiring His Death; thereby wickedly and maliciously insinuating, that the Members of both Houses, who passed the said Vote, were then conspiring the Ruin of the Church.

"4th, He, the said Henry Sacheverell, in his said Sermons and Books, doth falsely and maliciously suggest, "that Her Majesty's Administration, both in Ecclesiastical and Civil Affairs, tends to the Destruction of the Constitution; and that there are Men of Characters and Stations, in Church and State, who are false Brethren, and do themselves weaken, undermine, and betray, and do encourage, and put it in the Power of others, who are professed Enemies, to overturn and destroy, the Constitution and Establishment;" and chargeth Her Majesty, and those in Authority under Her, both in Church and State, with a general Maladministration; and, as a public Incendiary, he persuades Her Majesty's Subjects to keep up a Distinction of Faction and Parties, instils groundless Jealousies, foments destructive Divisions among them, and excites and stirs them up to Arms and Violence. And, that his said malicious and seditious Suggestions may make the stronger Impressions upon the Minds of Her Majesty's Subjects, he, the said Henry Sacheverell, doth wickedly wrest and pervert divers Texts and Passages of Holy Scripture.

"All which Crimes and Misdemeanors the Commons are ready to prove, not only by the general Scope of the same Sermons or Books, but likewise by several Clauses, Sentences, and Expressions, in the said Sermons or Books contained; and that he, the said Henry Sacheverell, by preaching the Sermons and publishing the Books aforesaid, did abuse his Holy Function, and hath most grievously offended against the Peace of Her Majesty, Her Crown and Dignity, the Rights and Liberties of the Subject, the Laws and Statutes of this Kingdom, and the Prosperity and good Government of the same. And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any other Article or Impeachment against the said Henry Sacheverell; and also of replying to his Answers, or any of them, and of offering Proofs of all the Premises, or any of them, or of any other Article or Impeachment that shall be exhibited by them; as the Case, according to Course of Parliament, shall require; do pray that he, the said Henry Sacheverell, may be put to answer to all and every the Premises; and that such Proceeding, Examination, Trial, Judgement, and exemplary Punishment, may be thereupon had and executed, as is agreeable to Law and Justice."

Doctor Sacheverel attached.

Whereas Doctor Henry Sacheverell stands impeached before this House, by the Commons of Great Britain in Parliament assembled, of high Crimes and Misdemeanors; and is now in the Custody of the Serjeant at Arms attending the House of Commons:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith take into his Custody the said Doctor Henry Sacheverell, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

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

Ld. Oliphant to attend.

The Justices of Peace (pursuant to Order) were called in, and delivered the Informations taken by them upon the Commitment of the Lord Oliphant.

And then withdrew.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Patrick Lord Oliphant do attend this House To-morrow, at Eleven a Clock, pursuant to the Recognizances entered into Yesterday.

Bettesworth's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Peter Bettesworth Esquire, and the Trustees in the Marriage Settlement, to sell certain Lands and Hereditaments, in the Counties of Southampton and Sussex, for Payment of his Debts; and to settle another Estate, of greater Yearly Value, for the better Provision for his Family."

Articles of Impeachment read to Doctor Sacheverel, at the Bar:

The House being informed, "That Doctor Sacheverell was in Custody of the Black Rod, pursuant to the Order of the House this Day;" he was brought to the Bar, where he kneeled until he was bid to stand up.

And the Articles of Impeachment being read to him, he was asked by the Lord Chancellor, "What he had to say for himself?"

Whereupon he desired a Copy of the Articles, and a convenient Time allowed to answer thereunto, and Counsel to assist him; and that he might be bailed.

Then he withdrew; and the following Order was made:

Doctor Sacheverel to have a Copy, and put in his Answer.

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor Henry Sacheverell may have a Copy of the Articles of Impeachment against him; and do put in his Answer thereunto, in Writing, on Wednesday, the Eighteenth Day of this Instant January, at Eleven a Clock in the Forenoon; and hath hereby Counsel allowed him."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.