punished for them according to his demerits.sented to her majesty, that she will be graciousBut if (as common fame said) the judges and ly pleased to bestow some dignity in the Church the queen's learned counsel, had been consult- on the said Mr. Hoadley, for his eminent sered, and were of opinion, the Doctor could not vices both to Church and State. be punished for them by the ordinary proceedings in the courts of law; they thought it was very unreasonable, by an impeachment in parliament, to endeavour to make a man guilty, and a criminal, that, by the laws of the land, was innocent. However, it was resolved, That the said Dr. Henry Sacheverell be impeached of High Crimes and Misdemeanours. Ordered, That Mr. Dolben do go to the Lords, and at their bar, in the name of all the Commons of Great Britain, impeach the said Dr. Henry Sacheverell of High Crimes and Misdemeanors, and acquaint the Lords, that the House will, in due time, exhibit Articles against the said Henry Sacheverell. Ordered, That a committee be appointed to draw up Articles of Impeachment against the said Dr. Henry Sacheverell. And a committee was appointed accordingly. And they have power to send for persons, papers and records, and to sit de die in diem. Then Henry Clements was called in, and, at the bar, was examined touching his printing and publishing the said two Books: which he owned, and that he had the copies of them from Dr. Sacheverell. After which he was directed to withdraw. Ordered, That the said Dr. Henry Sacheverell be taken into the custody of the serjeant at arms attending the House. Sir Samuel Gerrard, bart. lord mayor of the city of London, was in the House, in his place: and the Speaker observing to the Doctor, that the House took notice, he had affirmed, in the Epistle Dedicatory to my lord mayor of London, before the Sermon preached at St. Paul's, that he had published it by his lordship's com mand, he was asked, Whether my lord mayor did command him to publish his Sermon ? To which he answered, "That, in the strict sense of the word command,' he did not; but in the common acceptation of the word, as the desires of superiors to their inferiors are said to be commands,' he did command' him; for he did desire and press him to print it." Then he gave a particular account of the conversation he had, at several times, with my lord mayor about it; though his lordship thought fit peremptorily to deny it. After this, the two following Resolutions passed: Resolved, That the rev. Mr. Benjamin Hoadley, rector of St. Peter Poor, London, for having often strenuously justified the principles on which her majesty and the nation proceeded in the late happy Revolution, hath justly merited the favour and recommendation of this House. Resolved, That an humble Address be pre * The celebrated bishop of Bangor, Hereford, Salisbury, and Winchester. : These were proposed by An. Henley, esq. and seconded by sir Jos. Jekyll. The House was in great confusion, it being late, and every one expecting immediately to rise. However, there were several negatives to these Resolutions and when they came to be considered, they were generally thought to be strange Resolutions, with regard to her majesty, who had approved a Sermon preached before her by the bishop of Exon, and desired him to print it. Against that Sermon Mr. Hoadley writ, and engaged in controversy with the bishop; yet he is declared to have justly merited the favour and recommendation of the House, and the queen is desired to bestow some dignity in the Church on him for these eminent services. This proceeding was thought so improper, so indecent to her majesty, that several, who were otherwise against Dr. Sacheverell, blamed it very freely. And it was very observable, Mr. Lechmere took an occasion, some time after, upon another debate, to censure it. December 15. Ordered, That Mr. Dolben (when he goes to the Lords to impeach Dr. Henry Sacheverell of High Crimes and Misdemeanours) Sacheverell is in custody of the serjeant at do acquaint the Lords, That the said Henry arms attending the House, ready to be deliverwhen the Lords shall please to give order therein. ed to the gentleman usher of the black rod, had, pursuant to their order, been at the Lords; Mr. Dolben reported to the House, That he and, at their bar, had impeached Dr. Henry Sacheverell of High Crimes and Misdemeanors; and had also acquainted the Lords with their other order. December 17. A Petition of Henry Sacheverell, D. D. in custody of the serjeant at arms attending the House, was presented to the House, and read; praying, That the House would be pleased to order bim to be admitted to bail, that he may have an opportunity of making his defence, being informed, that he is impeached at the bar of the House of Lords for High Crimes and Misdemeanors. Ordered, That a committee be appointed to search precedents concerning the taking bail in cases of persons committed for High Crimes and Misdemeanors; and that they do make their Report thereof to the House upon Monday morning next. Ordered, That it be referred to the Committee who are to draw up the Articles of Impeachment against Dr. Henry Sacheverell, to search precedents, and make report thereof to the House. There was some debate before the House ordered a committee. December 19. Mr. Dolben acquainted the House, That the committee, who were upon Saturday last appointed to search precedents concerning the taking bail in cases of persons committed for High Crimes and Misdemeanors, and to report the same to the House this day, had made all the progress they could in so short a time; but that they found it required more time, and had directed him to move, That they may have farther time to make their Report. Ordered, That the said committee do search the Lords' Journals, in relation to the proceedings upon impeachments by the Commons, and make their Report thereof to the House with all convenient speed. greater, because it was probable, if the Commons did not bail him, he must lie in custody, parliament: For the Articles not being exhiwhen bailable by law, till after the recess of bited to the Lords against him, it was thought the Lords would not take him out of the custody of the Commons, and commit him upon a general charge; and till they committed him, they could not bail him. This was his case to commit him, till the Commons had exhibitfor upon application to the Lords, they refused ed their Articles: The Lords said, the Comwould not do so unreasonable a thing, as to mons might never exhibit any; and they commit any one on a general charge. And so he lay a prisoner by the commitment of the House of Commons, in a case bailable by law (and for which there were precedents, for the Jan. 12. It is fitting to observe, That some urged Commons admitting to bail), from Dec. 14, to against the bailing the Doctor, one part of the delivered by Mr. Dolben to the Lords, when he impeached him at their bar, "That the Doctor was in custody of the serjeant at Mr. Dolben reported, from the committee ap-ed to the gentleman usher of the black-rod, arms attending the House, ready to be deliverpointed to search precedents concerning the when the Lords should please to give order taking bail in cases of persons committed for therein :" But others, that agreed with them High Crimes and Misdemeanors, and to search against admitting him to bail, approved of exthe Lords' Journals in relation to the proceed-pedients to get off that, and did not think it ings upon impeachments by the Commous, and to make their Report to the House, That reasonable to preclude him from it by their own they had searched precedents, and the Lords' Journals accordingly; and had directed him to report what precedents they had found; which he read in his place, and afterwards delivered in at the table, where the same were read. Ordered, That all committees be adjourned, except the committee who are appointed to draw up the Articles of Impeachment against Dr. Henry Sacheverell; and who are to search the Lords' Journals in relation to the proceedings upon impeachments by the Commons. December 22. And a motion being made, and the question being put, That Dr. Henry Sacheverell be admitted to bail, according to the prayer of his Petition, it passed in the negative-Yeas 79, Noes 114. In the debates on this matter, there was a great variety of opinions: Some thought the Commons might bail a person committed by them, but not in this case: Others, that it was discretionary in them, whether they would bail or not; and that this person deserved it not from them; and one that the Commons could never bail in any case. Others insisted, in favour of liberty, that if they could bail, they ought to bail: and that they could bail, argued from the equity and reasonableness of the thing, that those who could commit might bail: They shewed precedents in the case of Mr. Seymour, and the Smugglers, impeached for High Crimes and Misdemeanors; in one of which, the persons impeached and committed by the House of Commons, were admitted to bail; in the other, the Commons, upon their petition, consented to bail them; and they had ben bailed, 1 but their sureties made objections to the condition of their bonds, and would not submit to it. Besides it was urged, that this case was in itself bailable, and so agreed by all gentlemen; and that the Doctor's hardship might be the VOL. XV. message message. There was one thing in the debates gave some diversion to the House. An honourable member declaring himself against bailing Dr. January 9. Mr. Dolben reported from the committee appointed to draw up Articles of Impeachment against Dr. Henry Sacheverell, that they had drawn up Articles accordingly, which they had directed him to report to the House: and he read them in his place, and afterwards delivered them in at the table, where they were read. It was then proposed, that it being impossi« ble the members could make their observations on the Articles in such readings, and the honour of the House being concerned to have them such as might be justified, a little time should be allowed, before they were read the second time, to consider them; and to convince others, they intended not delay by it, they only asked till Wednesday. This was ordered; but then it was moved, that no copies might be taken of the Articles, because it was not proper they should be made public in the coffee-houses, nor shewed to the Doctor, before they were agreed to, and carried up to the Lords. On the other hand, it was urged, this was precluding members of their right, by unreasonable suppositions; that they had a right to take copies of any papers before the House, for their information; and it was not to be imagined, they would publish the Articles in coffee-houses, or shew them to the Doctor. And, what if they did shew them to him? Were they to be kept a secret from him? Would he not have a copy of the Articles ordered him by the Lords, as soon as they were carried to them? And what advantage would it be to him, or disadvantage to the Commons, to see them sooner? But if copies were not to be taken of the Articles, it was no favour, no benefit to put off the consideration of them; it had an appearance of doing what was fair and reasonable, but would, in truth, be doing nothing; for without taking copies of them, they could not be considered. And it having been said, by one gentleman, that this was an extraordinary thing, and what had never been done before; another replied, he thought it extraordinary, but could not agree, it had never been done before; he remembered the like, when sir John Fenwick's confessions had been read in the House of Commons; they were ordered to be sealed up by the Speaker, that no copies might be taken of them. He did not approve that precedent so well as to follow it; he wished copies had been taken of those papers, and that they had been printed; he believed, the kingdom would have been the better for them at this day. After these debates, this motion was waved. January 11. The order of the day being read, for the reading a second time the Report from the committee to whom it was referred to draw up Articles of Impeachment against Dr. Henry Sacheverell; Ordered, That the Report be read paragraph by paragraph. by one, were (upon the question severally put thereupon) agreed unto by the House, to be the Articles to be exhibited against the said Dr. Henry Sacheverell.-Then the last paragraph being read, the same was also agreed unto by the House.-Ordered, That the Articles be engrossed. There were great debates in relation to the re-committing the Articles of Impeachment. In which, great mistakes were shewn in the preamble to the Articles, the recitals partial, and wrong inferences drawn from them. And the Articles were said to be so loose and uncertain, it was impossible any one could plead to them; and it was pressed, that those who drew them up, would let the House know, on what paragraphs in the Sermon they were grounded. To this was answered, that was too early, when they only had the preamble under consideration; when the Articles were read, they would produce the passages in the Sermon. But then, though the passages were desired, they called for the question, and never performed what they had promised. January 12. The engrossed Articles of Impeachment against Dr. Henry Sacheverell were read. Ordered, That the said Articles be carried to the Lords by Mr. Dolben. At this time, there was no debate nor division upon the Articles, only a negative to the question of carrying them up to the Lords. Gentlemen saw how hardly they had been treated the day before by the majority, and therefore contented themselves with shewing their dislike of these proceedings in this manner. Mr. Dolben carried these Articles to the Lords, who read them the first time, and took Dr. Sacheverell into the custody of the blackrod. January 13. The serjeant at arms acquainted the House, that, in pursuance of their order of the 15th of December last, he did yesterday deliver Dr. Henry Sacheverell to the deputy of the gentleman-usher of the black-rod; and had taken a discharge for him. Dr. Sacheverell petitioned the Lords to be bailed. Their lordships ordered a committee to enquire into the validity of his bail; allowed him counsel, and a copy of the Articles. January 14. Dr. Sacheverell is ordered to give in his AnThen the first paragraph (being the pre-swer to the Articles next Wednesday. The amble to the Articles) being read, and a motion being made, and the question being put, that the Report be re-committed; it passed in the negative.-Yeas 131, Noes 232. Ordered, That candles be brought in; and candles were brought in accordingly. Resolved, That the House doth agree to the said first paragraph. Then the Articles being severally read, one Lords accepted of Dr. Lancaster, vice-chancellor of Oxon, and Dr. Bowes, for his bail : and accordingly he was bailed, himself in a recognizance of 6,000l. and his sureties each in 3,000l. Serjeant Prat, sir Simon Harcourt, Mr. Raymond, and Mr. Phipps, are allowed, by the Lords, to be counsel for Dr. Sacheverell; and Mr. Huggins to be his solicitor. January 16. Dr. Sacheverell, upon his petition, has farther time given him to put in his Answer. January 25. Dr. Henry Sacheverell attended the House of Lords and delivered in his Answer to the Articles of Impeachment against him; which was read. And being asked, whether or no he would abide by it? He answered in the affirmative; and then the Doctor was ordered to withdraw. Their lordships sent his Answer down to the Commons. A Message from the Lords, by Mr. Rogers, and Mr. Hiccocks, that they were commanded to acquaint the House of Commons that Dr. Henry Sacheverell hath put in his Answer to the Articles of Impeachment, sent from the House of Commons against him; which their lordships communicate to the House, and desire that the said original Answer may be returned with convenient speed. Ordered, That the said Answer of Dr. Henry Sacheverell, now sent from the Lords, be read to-morrow morning. January 26. The Answer of Dr. Henry Sacheverell, sent from the Lords yesterday, was according to order, read.-Ordered, That the Answer of Dr. Henry Sacheverell, sent from the Lords yesterday, be referred to the committee who were appointed to draw up Articles of Impeachment, which were exhibited by the Commons to the Lords, against Dr. Henry Sacheverell, for High Crimes and Misdemeanors; and that they do consider thereof, and report their opinion, what is most proper to be done towards the farther proceedings thereon. And they have power to send for persons, papers, and records. And they are to meet at such times and places as they shall think fit. February 2. Mr. Dolben reported from the Committee, to whom the Answer of Dr. Henry Sacheverell was referred to consider of the said Answer, and report their opinion, what is most proper to be done towards the farther proceedings thereon, that they had considered the same, and that they do find there are contained therein many things not warranted by the course of proceedings upon impeachments, foreign to the charge, unbecoming a person impeached, and plainly designed to reflect upon the honour of the House; and do humbly submit to the judgment of the House their opinion, that for avoiding any imputation of delay to the Commons, in a case of so great importance, a Replication be forthwith sent up to the Lords, maintaining the Charge of the Commons; and the committee have accordingly prepared the same, which they had directed him to report to the House; and he read the same in his place, and afterwards delivered the Report in at the table, where the same was read. And the Replication being read a second time, Resolved, That the said Replication be the Replication of the Commons to the Answer of Dr. Henry Sacheverell. Ordered, That the Replication be engrossed. There were debates in relation to the engrossing of the Replication; when the committee were desired to shew, that there was in Dr. Sacheverell's Answer, not warranted by the course of proceedings upon impeachments, foreign to the charge, unbecoming a person impeached, and plainly designed to reflect on the honour of the House.-The entering into these particulars was declined; for which reason, and because the Answer appeared full and satisfactory, there was a division upon engrossing the Replication; in which the Yeas werere 182, the Noes 88. February 3. The engrossed Replication of the Commons to the Answer of Dr. Henry Sacheverell, was read.-Ordered, That the said Replication be sent to the Lords.-Ordered, That the original Answer be returned to the Lords.-Ordered, That Mr. Dolben do carry the original Answer of Dr. Henry Sacheverell, and the Replication thereunto, to the Lords. February 4. A Message from the Lords by sir Richard Holford and Mr. Gery, that they were com manded to acquaint the House of Commons, that their lordships have appointed Thursday next, at seven of the clock in the morning, for the Trial of Henry Sacheverell, Doctor in Divinity, at the bar of their House; and that their lordships will take care, that there will be conveniences made there for the managers of the House, at the Trial, upon the impeachment against him.-Resolved, That the Managers be appointed to make good the Articles of impeachment against Dr. Henry Sacheverell. Ordered that the committee to whom it was referred to draw up the said Articles, be the said Managers.-Resolved, that this House will be present at the Trial of the Impeachment against Dr. Henry Sacheverell, as a committee of the whole House.-Ordered, that a Message be sent to the Lords, to acquaint them with the said Resolution, and to desire, that a convenient accommodation may be prepared for them. And, Ordered, That Mr. Bromley (who moved this matter) do carry the said Message to the Lords. The House divided on this question, Yeas 192, Noes 180. There was a long debate upon this Message; in which the several precedents of the cases of the earl of Strafford, and the lord viscount Stafford, were cited, whose trials were in the court prepared in Westminster-hall: And the case of the French Smugglers, impeached 1698, for High Crimes and Misdemeanours, when there were conferences, and free conferences between the Two Houses, about a convenient accommodation for the Commons to be present at their Trial; which the Lords agreed to, being convinced by the reasons of the Commons. It was said, that the first re gular trial upon an impeachment in parliament, in the present method, was the trial of the earl of Strafford; and the Commons declared and insisted, they had a right to be present at the Trial as an House, or a committee of the whole House, as they thought fit; and that they held it necessary and fit, that all the members of the House should be present at the Trial, to the end that every one may satisfy his own conscience, in the giving his vote to demand judgment. In the case of the lord viscount Stafford, the like accommodaton was never disputed; but in that of the Smugglers it was; and the Lords would have distinguished betwixt an Impeachment for High Crimes and Misdemeanours, and for High Treason: Which the Commous answered, shewing, that the different nature of those crimes related only to the punishment, and did not alter and change the nature of the court. And by the strength of this, and other arguments, which may be seen in the reports of the conferences, and free conferences, entered on their Journals, they did, at last, prevail. February 15. Serjeant Prat, and Mr. Raymond, having declined being counsel for Dr. Henry Sacheverell, the Lords, upon his petition, assigned him Mr. Dee, Mr. Dod, and Dr. Henchman, for his counsel; as also, sir Simon Harcourt, and Mr. Phipps, before allowed by their lordships; and Mr. Huggins his solicitor. February 18. The Lords appointed Monday come sevennight for the Trial of Dr. Henry Sacheverell. the 27th of February, which day, and the The Trial, accordingly, began on Monday following days, a great concourse of people the Temple, to Westminster, and at his return, attended Dr. Sacheverell from his lodgings at with great acclamations and shouts, &c. A Complaint was made in the House of Commous of these Riots. And, March 2. sented to her majesty, That she will be graResolved, That an humble Address be preciously pleased to take effectual measures to suppress the present Tumults, set on foot and fomented by Papists, Nonjurors, and other enemies to her majesty's title and government; and to issue her royal Proclamation, promising those incendiaries, as have been the occasions a reward to such as shall discover and seize of the late Tumults and Disorders. tumults; and all professed a readiness to No member in the least justified these concur in an Address for the suppressing them; but desired the Address might be so framed, in such general words, that it might pass unanimously. They excepted to those words, "Set on foot and fomented by Papists, Nonjurors, and other enemies to her majesty's title and government;" because it did not appear, any Papists or Nonjurors were concerned in them, and there was no reason to believe they were; but if they would be particular, it was moved Republicans might be added; because it was certain, there were such persons; and as certain, that, by their principles, they would lay hold on any opportunity, and join with any people, to disturb the peace and quiet of the government; for they hoped to fish in troubled waters. There was a debate upon adding that word; in which, a certain gentleman argued against it, because it was, not to be imagined, they would be for pulling down their own meetinghonses.' A plain concession, that the Dissenters were Republicans; for which his party blamed him. The House divided upon the word Republicans, Yeas 114, Noes 279. The same day, Mr. Secretary Boyle reported to the House, That he had attended her majesty with their Address: to which her ma jesty had been pleased to give this very gracious Answer: "Her majesty is extremely sensible of the |
