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 Veneris, 10 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
E. Orkney takes the Oaths.
This Day the Earl of Orkney took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; he having first delivered a Certificate of his receiving the Sacrament, and his Witnesses sworn and examined to the Truth thereof.
Message from H. C. to return Rigby & al. Bill.
A Message was brought from the House of Commons, by the Lord Wm. Paulett and others:
To return the Bill, intituled, "An Act for confirming and establishing a Partition made between Edward Rigby Gentleman, the Honourable Charles Egerton Esquire and the Honourable Elizabeth his Wife, and others, of several Manors and Hereditaments, in the County of Essex, heretofore the Estate of the Right Honourable Anne late Countess of Oxford, deceased; and to enable Margaret, Anne, and Katherine Lennard, Infants, to make Partition of other Lands and Tenements, in the County of Hertford and in London, other Part of the said Countess of Oxford's Estate;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
Message from thence, with a Bill.
A Message from the House of Commons, by Sir Thomas Palmer and others:
Who brought up a Bill, intituled, "An Act for vesting the Freehold and Copyhold Estate late of William Emerton Esquire, deceased, in the Parish of Chevening, in the County of Kent, in Trustees, to be sold, for the better Support of his Widow, and Advancement of his Two Daughters;" to which they desire the Concurrence of this House.
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of George Scott Esquire, in the County of Kent, for Payment of Debts."
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 Saturday the Five and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable certain Trustees to raise Part of the Portions designed for the Younger Children of Clifton Pack Esquire, deceased, and Penelope his Wife, by their Marriage Settlement."
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 Mr. Rogers and Mr. Meller:
To carry down the said Bill, and desire their Concurrence thereunto.
Hull Poor, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual Provision for the Poor, in the Town of Kingston upon Hull."
Sir J. Rolle's Bill.
The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to vest in and enable Trustees to sell some Out-parts of the Estate late of Sir John Rolle Knight of the Bath, deceased, for the Payment of Debts, Legacies, and Portions; and for settling of other Lands to the same Uses," as fit to pass, without any Amendment.
Dr. Sacheverel's Trial:
The House adjourned into Westm'r Hall, to proceed in the Trial of Doctor Sacheverell.
Where being resumed;
Proclamation was made for Silence, as also for the Prisoner's Appearance.
Then the Lord Chancellor acquainted the Managers, They might proceed in their Reply."
And several others of them being heard;
They said, "They hoped they had made good the Charge; and submitted it to their Lordships."
Then, the House being moved, "That a Question might be asked the Judges:"
The House was adjourned to the House above.
Where being resumed;
It was moved, "That the Question desired to be asked the Judges might be proposed in the Court below."
Question to the Judges to be proposed in Westm. Hall.
And, after Debate, and reading some Proceedings out of the Journals in the Lord Viscount Stafford's Case; it was agreed, the same should be proposed there.
Then the House adjourned into Westm'r Hall.
Where being resumed, and Proclamation made for keeping Silence; the Question was proposed.
Whereupon the House was moved, and did adjourn to the House above; where the Question being stated, as follows; (videlicet,)
"Whether, by the Law of England, and constant Practice in all Prosecutions by Indictment or Information, for Crimes or Misdemeanors, in writing or speaking, the particular Words supposed to be criminal must not be expresly specified in such Indictment or Information?"
It was agreed, the same should be put to the Judges in the Court below.
Then the House again adjourned into Westminster Hall.
Where being resumed, and Proclamation for Silence;
The said Question was put, by the Lord Chancellor, to the Judges.
To which they all answering in the Affirmative;
The House adjourned to the House above.
Where being resumed;
The Lord Chancellor declared, "That, the said Question having been put to the Judges in the Court below, they had all given their Opinions in the Affirmative."
Lords will proceed in Consideration of the Impeachment.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall, To-morrow, at Ten a Clock in the Forenoon, proceed upon Consideration of the Impeachment of Henry Sacheverell, Doctor in Divinity.
Words between the D. of Devon and L. Osborne.
The House taking Notice, that some Words had passed between the Lord Steward and Lord Osborne:
The Lord Chancellor, by Order, laid the Injunction of the House on their Lordships, not to take any further Notice of the Matter.
To which they declared their Submission.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, undecimum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.