House of Lords Journal Volume 19
18 March 1710

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 19: 18 March 1710', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 112-113. URL: http://www.british-history.ac.uk/report.aspx?compid=29845 Date accessed: 31 October 2014.


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DIE Sabbati, 18 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Duresme.
Epus. Roffen.
Epus. Sarum.
Epus. Eliens.
Epus. Petriburg.
Epus. Oxon.
Epus. Bath & Well.
Epus. Lincoln.
Epus. Cestr.
Epus. Norwic.
Epus. Asaphen.
Epus. Cicestr.
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Newcastle, C. P. S.
Dux Devonshire, Senescallus.
Dux Cleveland.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Schonburg.
Dux Shrewsbury.
Dux Bedford.
Dux Buckingham.
Dux Hamilton.
Dux Montrose.
Dux Roxburgh.
Dux Dover.
March. Kent, Camerarius.
March. Dorchester.
Comes Derby.
Comes Pembroke.
Comes Lincolne.
Comes Suffolke.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Berkshire.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Anglesey.
Comes Carlisle.
Comes Sussex.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Crafurd.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northesk.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Comes Play.
Viscount Say & Seale.
Viscount Weymouth.
Ds. Delawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Leigh.
Ds. Byron.
Ds. Colepeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Hervey.
Ds. Pelham.

PRAYERS.

Hammond's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hammond Esquire; and to settle other Lands in Lieu thereof."

Upon the First Reading of the Bill, intituled, "An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hamond Esquire; and to settle other Lands, in Lieu thereof:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer; who are forthwith to summon all Parties concerned in the Bill; and after hearing them, and perusing a Copy of the Bill, signed by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and also that the Judges, having perused the said Bill, do sign the same.

Dr. Sacheverel's Impeachment:

Then the Question proposed Yesterday to be asked every Lord present in Westminster Hall was read; (videlicet,)

Question to be put to the Lords in Westm. Hall:

"That, the Commons having made good the several Articles of the Impeachment against Henry Sacheverell Doctor in Divinity, the said Doctor Henry Sacheverell is Guilty of high Crimes and Misdemeanors?"

The Order being also read, for resuming the adjourned Debate thereupon;

It was moved, and (after Debate) agreed, "To leave out the First Part of the proposed Question; (videlicet,)

["That, the Commons having made good the several Articles of the Impeachment against Henry Sacheverell, Doctor in Divinity;"].

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Question to be put to each Lord in the Hall, beginning at the junior Baron first, shall be,

"Is Doctor Henry Sacheverell Guilty of high Crimes and Misdemeanors, charged upon him by the Impeachment of the House of Commons?"

Then, it being proposed, "To consider what Answer each Lord shall give;"

And Debate thereupon:

This Question was proposed,

"Whether the Answer, to be given by each Lord, shall be, Guilty, or Not Guilty, (only)?"

Then the Question was put,

Whether the Word ["only"] shall stand Part of the Question?"

It was Resolved in the Affirmative.

Then the Question was put,

"Whether the Answer to be given by each Lord to the Question, to be put in Westminster Hall, shall be, Guilty, or Not Guilty, (only)?"

It was Resolved in the Affirmative.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Question to be put to each Lord, in Westminster Hall, shall be,

"Is Henry Sacheverell Doctor in Divinity Guilty of high Crimes and Misdemeanors, charged on him by the Impeachment of the House of Commons. And the Answer thereunto shall be, Guilty, or Not Guilty, only."

Protest against it:

Dissentientibus,

Buckingham.

Hamilton.

Mar.

Lexington.

Dartmouth.

Northesk.

Jo. Ebor.

W. Cestriens.

Tho. Roffen.

N. Duresme.

Shrewsbury."

"1st, We do humbly conceive, that the obliging every Lord to answer generally, Guilty, or Not Guilty, to a Question containing all the Articles of this Impeachment, is a Kind of tacking upon ourselves, by an unnecessary joining, Matters of a different Nature, and subjecting them to one and the same Determination; and consequently may prejudice the Right every Peer has to give a free Affirmative or Negative; since whoever thinks Doctor Sacheverell guilty of one Part, and innocent of the other, will be obliged either to approve what he condemns, or condemn what he approves.

"2dly, We do humbly conceive, there is, at least, a Possibility, that though a Majority of the House, if admitted to vote to the Articles separately, may think him innocent upon each Article, yet, by this Method of a general Answer, he may be condemned of all; which seems not to be consistent with the usual Method of Justice in this House.

3dly, We do humbly conceive, that, since the Judgement of the House in this Case ought to be a Declaration of the Law, the Condition of the People will be most miserable, to have Punishment inflicted for high Crimes and Misdemeanors, and not to have a Possibility of informing themselves what the high Crimes and Misdemeanors thereby punished are; for the People's only Guide is the Law, and they can never be guided by what they can never be informed of: And we do humbly conceive, that this Uncertainty, being in the Case of a Clergyman for preaching it, may possibly create some Fear in good Men, when they preach some Doctrines of the Church of England, particularly that of Non-resistance; and may be made Use of by ill ones, as an Excuse for the Neglect of that Duty, which, upon some Occasions, is required of them, even by the Laws of the Land.

"Ormonde.

"Berkshire.

"Beaufort. Anglesey.

"Thanet.

"Scarsdale.

"Leeds. Denbigh.

"Northampton. Yarmouth. Nottingham.

"H. London.

"Stawell.

"Rochester. R. Ferrers.

"Sussex.

"Weymouth. Poulett.

"Lempster. North & Grey.

"Craven. Howard.

Willughby Broke. Osborne. Abingdon.

"Plimouth.

"Guilford. Jersey.

"Conway.

"Haversham. Leigh.

"Geo. Bath. & Well.

"Weston.

"Gernsey."

Message to H. C. that the Lords will proceed in the Impeachment.

Ordered, That this House will proceed on the Impeachment of Doctor Henry Sacheverell on Monday next, at Eleven a Clock, in Westminster Hall:

And a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Meller, to acquaint them therewith.

Adjourn.

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