House of Lords Journal Volume 19: 3 February 1710

Die Veneris, 3 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Peterborow & al. versus Sir J. Germaine & Ux.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause, wherein Charles Earl of Peterborow and others are Appellants, and Sir John Germaine and his Wife Respondents, on Monday the Thirteenth Day of this Instant February, at Eleven a Clock in the Forenoon.

Southwell's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to make several Trusts, in the Marriage Settlements of Edward Southwell Esquire and the Lady Elizabeth his late Wife more effectual to answer the Intent of them, and to explain several Powers therein."

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. Rogers:

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

Message from tence, to return Dr. Sacheverel's Answer and with their Replication.

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

To return Doctor Sacheverell's Answer to the Impeachment against him, together with the Replication of the Commons to the said Answer.

Which was read, and is as follows; (videlicet,)

"The Commons have considered the Answer of Henry Sacheverell, Doctor in Divinity, to the Articles of Impeachment exhibited against him by the Knights, Citizens, and Burgesses, in Parliament assembled; and observe, That there are many Things in it not warranted by the Course of Proceedings upon Impeachments, foreign to the Charge of the Commons, unbecoming a Person impeached, and plainly designed to reflect upon the Honour of the House of Commons in this Proceedings; for which they might demand your Lordships immediate Justice.

"But the Commons being sensible that the Nature of the Crimes whereof he stands impeached, and the Necessity of bringing him to a speedy and exemplary Punishment, require that all Occasions of Delay should be avoided; and not doubting that your Lordships will in due Time vindicate the Honour of the Commons and the Justice of their Proceeding; the Commons do aver their Charge against the said Henry Sacheverell, for high Crimes and Misdemeanors, to be true; and that the said Henry Sacheverell is guilty in such Manner as he stands impeached; and that the Commons will be ready to prove their Charge against him, at such convenient Times as shall be appointed for that Purpose."

Then, the House being moved, "To appoint a Time for the Trial of Doctor Sacheverell, at the Bar of this House:"

Dr. Sacheverel's Trial appointed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Henry Sacheverell, Doctor in Divinity, shall be tried, at the Bar of this House, on Thursday next, being the Ninth Instant, at Eleven a Clock in the Forenoon.

Message to H. C. to acquaint them therewith.

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

To acquaint them, that this House has appointed Thursday next, at Eleven a Clock, for the Trial of Doctor Henry Sacheverell, for the high Crimes and Misdemeanors whereof he stands impeached, at the Bar of this House; and that this House will order Conveniencies to be prepared there, for the Managers of the said Impeachment.

Methods to be considered, for preventing Disorders in the House.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Wednesday next, at Eleven a Clock, this House will consider of proper Methods for preserving and restoring the ancient Orders of this House, for preventing Disorder therein.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for vesting the Estate of Thomas Berrie Esquire, deceased, in Trustees, to be sold, for discharging several Mortgages thereupon, and other his Debts, which his Personal Estate will not extend to pay; and for laying out the Surplus Money for the Benefit of his Widow, and Heir at Law;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.