Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 25 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Ropley Commons and Farnham, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the enclosing of Ropley Commons, in the County of Southampton; and for the Improvement of the Old Disparked Park of Farnham, in the Counties of Surry and Southampton."
Inhabitants of Hammersmith versus Bp. of London, & al.
Upon reading the Petition and Appeal of Sir James Mountagu Knight, Her Majesty's Attorney General, at the Relation of Littleton Burton Clerk, and of the Inhabitants of the Hamlet of Hamersmith, in the Parish of Fulham, in the County of Midd'x, and also of the said Littleton Burton, John Carter, William Atley, Joseph Speer, John Carlwood, Edmund Neeler, John Nutkins, William West, Roger Garth, John Hulet, and John Wheeler, on Behalf of themselves, and of the rest of the Inhabitants of the said Hamlet of Hamersmith, from a Decree of the Court of Exchequer, made the Fourteenth of February Instant, for Dismission of the Plaintiffs Bill in the said Court; praying the said Order and Decree may be reversed, and the Petitioners relieved in the Premises:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Lord Bishop of London, Philip Dwighte, and Michael Hutchinson, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on Saturday the Eleventh Day of March next, at Ten a Clock in the Forenoon.
E. of Wemyss & al. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to confirm Articles of Partition made between the Earl and Countess of Wemyss of the one Part, and Anne Robinson Spinster of the other Part of their Estates in the Counties of Oxon, Northampton, and Kent; and for vesting their respective Moieties in Trustees, to be sold."
Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Monday the Thirteenth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Peers, Tickets for Dr. Sacheverel's Trial:
The House being moved, "That every Lord, who hath Tickets, do sign and seal such Tickets:"
This Question was proposed, "Whether every Lord, who hath Tickets, shall sign and seal their Tickets?"
The previous Question was put, "Whether the said Question shall be now put?"
It was Resolved in the Negative.
Ceremonies to be observed at the Trial:
Then the Order being read, for considering all Matters necessary, in relation to the Trial of Doctor Sacheverell; it was agreed, that the following Rule and Method should be observed; (videlicet,)
"That the Serjeant at Arms be continued in the House, to make Proclamations which are to be done in the Queen's Name.
"That, on the Day of Trial, the whole Body of the House of Peers shall meet in the House, in their Robes.
"That, being so met, they shall go to Prayers, as a House; and, after Prayers, they shall adjourn into Westminster Hall.
"That, from this House, the Lords shall go in this Manner:
"First, the Clerks; then the Masters of the Chancery; then the Judges; then the Gentleman Usher of the Black Rod; then the Lords, Two and Two, the Youngest Barons to go first, and so in Order, according to their Precedency, Garter King of Arms calling them in their due Places by a List. And when they come into Westm'r Hall, the Lords are to place themselves according to their Precedency in the House there, till all the Peers are placed.
"That the Serjeant at Arms do go before the Lord Chancellor.
"That, in Westm'r Hall, the House shall be resumed; and other Ceremonies, to be observed by Officers necessary to manage the Trial, be left to be performed according to the usual Methods of such Trials.
"That the Lord Chancellor ask Leave of the House for the Judges to be covered.
"That Proclamation be made for keeping Silence.
"As also Proclamation for calling the Prisoner to the Bar; who is to kneel, until the Lord Chancellor bids him stand up.
"That the whole Impeachment is to be read, and then the Answer and Replication. Which being done, the Lord Chancellor is to tell the Commons, "That now they may go on with their Evidence."
"Then the Lord Chancellor is to declare, "That now the Court is proceeding to hear the Evidence," and desire the Lords to give Attention.
"If any of the Lords, or Members of the House of Commons who manage the Evidence, or the Person impeached, do desire to have any Question asked; they must desire the Lord Chancellor to ask the same.
"If any Doubt doth arise at the Trial, no Debate is to be in the Court; but the Question suspended, to be debated in this House.
"The Members of the House of Commons to be there before the Lords come.
"None to be covered at the Trial but the Lords.
"That such Persons, who, at the Instance of the Person impeached, or of the Commons, shall be admitted Witnesses, are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there.
"The Oath to be,
"The Evidence which you shall give, upon the Impeachment of Dr. Henry Sacheverell, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book."
"The Person impeached may cross-examine Witnesses viva voce."
Address for Guards at the Trial, as usual:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly move Her Majesty, from this House, "That She will be pleased to give Order that such Guards do attend, at the Trial of Henry Sacheverell Doctor in Divinity, on Monday next, in Westminster Hall, as hath been usual in such Cases."
Streets, &c. to be kept clears.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That all the Constables of Westm'r do attend, in The Palace Yards at Westm'r, on Monday next, and during the Trial in Westminster Hall; and that they do take special Care, during the Time, that all the Coaches whatsoever, when they have set down the Persons they bring, be turned away through The Old Palace Yard, Westminster, and so by Lindsey House; and from thence be conveyed so, that they cannot by any Way return through King Street, until Three in the Afternoon.
To the Steward of Westm'r, his Deputy or Deputies, and every of them.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That no Person shall be admitted with Tickets into Westm'r Hall until after Nine a Clock.
Avenues to the House to be guarded.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Avenues to this House shall be guarded; and Care taken that none be admitted but Lords Servants only, and the necessary Attendants of this House.
Message from H. C. for Orders for Witnesses at Dr. Sacheverel's Trial:
A Message was brought from the House of Commons, by Mr. Dolben and others; (videlicet,)
"That the Commons of Great Britain having impeached Doctor Sacheverell, and the Commons having Occasion for Witnesses, desire they may have Orders for them; and they have sent their Names; (videlicet,) Henry Clements Bookseller, Thomas Elliot and Richard Macy, his Servants."
Then, a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Medlycot:
To acquaint them, that the Lords will give Order for summoning the Witnesses to be produced at the Trial of Doctor Henry Sacheverell, as desired.
Messages from H. C. with Bills.
A Message from the House of Commons, by the Lord William Powlet and others:
Who brought up a Bill, intituled, "An Act to enable the Trustees of the last Will and Testament of Thomas Hobbs Doctor in Physic, deceased, with Abraham Weekes Esquire, to make a Jointure upon the Wife of the said Abraham Weekes;" to which they desire the Concurrence of this House.
A Message from the House of Commons, by Mr. Hungerford and others:
Who brought up a Bill, intituled, "An Act for the better preventing of excessive, immoderate, and deceitful Gaming;" to which they desire the Concurrence of this House.
Catwater Harbour, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for clearing, preserving, and maintaining, the Harbour of Catwater, lying near Plimouth, in the County of Devon; and for cleansing and keeping clean the Pool commonly called Sutton Poole, lying in Plimouth aforesaid."
Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Earl and Countess of Wemyss's Bill is committed.
Their Lordships, or any Five of them; to meet on Monday the Sixth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir A. Brand versus Sir T. Kennedy & al.
Whereas Thursday the Three and Twentieth Day of this Instant February was appointed for Sir Thomas Kennedy and others to put in their Answer or respective Answers to the Petition and Appeal of Sir Alexander Brand Knight:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Thomas Kennedy and others, Respondents, do peremptorily answer thereunto on or before Thursday next, at Eleven a Clock.
Clements & al. to attend, as Witnesses against Dr. Sacheverel.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Henry Clements Bookseller, Thomas Elliot and Richard Macy, his Servants, do attend on Monday the Seven and Twentieth Day of this Instant February, at Ten a Clock in the Forenoon, to give Evidence at the Trial of Henry Sacheverell Doctor in Divinity, in Westminster Hall.
Message from H. C. with a Bill.
A Message from the House of Commons, by Mr. Walpole and others:
Who brought up a Bill, intituled, "An Act to continue the Act for the recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Ten;" to which they desire the Concurrence of this House.
Land Forces, &c. for recruiting, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to continue the Act for the recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Ten."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum septimum diem instantis Februarii, hora nona Auroræ, Dominis sic decernentibus.
Martis, 18 die Aprilis, 1710,
Hitherto examined by us,
SAY & SEALE.