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minster, H. London, R. Ferrers, Pou-
ABOUT eleven of the clock the Lords came
from their own House into the Court erected in Die Lunæ, 20 Martii, 1710.
Westminster-ball, for the Trial of Henry The House, pursuant to the orders of Satur
Sacheverell, Doctor of Divinity, in the manner
| following: day last, adjourned into Westminster-hall.And being there, the House was resumed, and
The Lord Chancellor's gentlemen-attendthe Lord Chancellor declared, That ihe Lords
ants, two and two.—The Clerks of the House
of Lords, with the two Clerks of the Crown in had agreed upon a question to be put to each
the Courts of Chancery and King's Bench. lord severally.
The Masters in Chancery, two and two. Then Then his lordsbip put the question, beginning at the junior baron first, as follows: 13
"1. the Judges.-The Peers eldest Sons, and Peers Dr. Henry Sacheverell guilty of High Crimes,
Minors, two and two.-The yeoman-usher of
the House.-The gentleman-usher of the black and Misdemeanors, charged upon him by the Impeachment of the House of Commons ?
rod.- Then the Peers two and two, beginning
with the youngest barons.--The Serjeant at And having asked every lord present, and they having declared, Guilty, or, Not Guilty,
Not cilt | Arms, with his mace.-Then one of the behis lordship having cast up the Votes, declared
ralds. Then the Lord Chancellor alone. him Guilty.
The Lords being seated in the place for that
purpose prepared in Westmìoster-ball, and the Dissentient, Sussex, Thanet, Nottingham, l 'Commons in
ent, Sussex, Thabet,, Notting nam, Commons in a committee of the whole House Craven, Northesk, North and Grey, being in the seats prepared for them, and the Leigh, Jersey, Hamilton, Beaufort, Managers for the House being at their lordWeston, Ormond, Berkshire, N. Du- ships' bar, the serjeant at arms made proclamaresme, •Shrewsbury, Scarborough, I tioos as follow : Leeds, Yarmouth, Jo. Ebor, Leominster, Serjeant at Arms. O ves! Our sovereiga Northampton, Willoughby, Br., Abing- lady the queen doth strictly charge and comdon, Poulett, H. London, Guernsey, mand all manner of persons to keep silence, Geo. Bath and Wells, Say and Sele, upon pain of imprisonment. Osborne, Plymouth, Chandos, w
Serjeant at Arms. () yes! Henry SącheveCestriens. Buckingham, Rochester, rell. Þoctor in Divinity, come forth, save thee Mar, Weymouth, Guilford, Conway, and thy bail, or thou forfeitest thy recognizance. Anglesea, Scarsdale, Dartmouth, Den
Then Dr. Henry Sacheverell came to the bigb, Howard, Tho. Roffen, Berkeley, bar and keeled; his Counsel, viz. sir Simon Str., Stawell, Lexington.
Harcourt, Mr. Dodd, Mr. Phipps, Mr. Dee
and Dr. Henchman, standing near him at the Die Martis, 21 Martii, 1710.
bar; and rising again by direction of the Lord Ordered, That the Judgment to be passed in Chancellor, the serjeapt at arms again made the Case of Dr. Henry Sacheverell shall be, I proclamation as follows: That be be enjoined not to preach during the Serjeunt at Arms. O yes! Whereas a Charge term of three years next ensuing: That his of High Crimes and Misdemeanors has been two printed Sermons, referred to by the Im- exhibited by the House of Commons, in the peachment of the House of Commons, sball be name of themselves and all the Commons burnt before the Royal Exchange in London,
of Great Britain, against Henry Sacheverell, between the hours of
Doctor in Divinity; all persons concerned are on the day of
to take notice that he now stands upon his bands of the cominon hangman, in the pre Trial, and they may come forth, in order to sence of the lord mayor, and the two sheriffs make good the said Charge. of London and Middlesex.
Lord Chancellor. (Lord Cowper.) Dr. SaDissentient, Jo. Ebor, Scarsdale, Northampton,
cheverell, it is needless to give you any direcCraven, Howard, North and Grey, 1
tions concerning your behaviour during the Scarborough, N. Duresme, Weymouth,
time of your Trial, or the ordering your DeGeo. Bath and Wells, Guilford, Buck |
Wells. Guilford Buck: fence, because the Lords have not only allowed, ingham, Berkshire, Abingdon, Conway,
but assigned you the Counsel you desired, some Yarmouth, H. London, Plymouth, Tho.
both of the civil and common law, who will be Roffen, Guernsey, Leominster, Den
able to direct and advise you, not only in the bigh, Nottingham, Thanet, Osborne,
substance, but form of your Defence. The Beaufort, Anglesea, Sussex, R. Fer
Lords have also made an Order for summon
ing all such Witnesses as you have propounded rers, Leigh, Poulett, Ashburnham.
to appear for you. And that you might be the better able to provide for your Defence, you have bad your liberty on the first application for it, and giving security for your appearance : you have also had all the time you thought fit | liament assembled, did, by their Address of the in desire, in order to prepare for your Defence: | 17th of December, in the year of our Lord so that you ought ever to remember, that their 1705, lay before her majesty the following Vote lordships bave used towards you all the indul. or Resolution, viz. “ That the Church of Enggence you could reasonably expect.
| land, as by law establisbed, which was rescued Then the Clerk, by direction of the Lord from the extremest danger by king William Chancellor, read the Articles of Impeachment, the third of glorious memory, is now, by God's Doctor Sacheverell's Answer, and the Replica blessing, under the happy reign of her majesty, tion of the House of Commons, as follows: in a most safe and flourishing condition; and
that whoever goes about to suggest or insinuate ARTICLES
that the Church is in Danger under her maEXHIBITED BY THE KNIGHTS, CITIZENS,
jesty's administration, is an enemy to the
queen, the Church, and the kingdom :" And by AND BURGESSES, IN PARLIAMENT AS- |
| their said Address did humbly beseech ber ma. SEMBLED, IN THE NAME OF THEM- jesty to take effectual measures for making the SELVES AND OF ALL THE COMMONS said Vote or Resolution public, and also for OF GREAT BRITAIN, AGAINST HENRY punishing the authors and spreaders of such seSACHEVERELL, DOCTOR IN DIVINITY, ditious and scandalous reports; and on the 20th IN MAINTENANCE OF THEIR IMPEACH | day of the said December, her majesty was MENT AGAINST HIM FOR HIGH CRIMES
pleased to issue her royal Proclamation accordAND MISDEMEANORS.
ingly. Yet, nevertheless, the said Henry Sa
cheverell preached a Sermon at the assizes Whereas bis late majesty king William the beld at Derby, August the 15th, in the year of third, then Prince of Orange, did with an our Lord 1709, and afterwards published the armed force undertake a glorious enterprize for same in print, with a Dedication thereof; and delivering this kingdom from popery and arbi. the said Henry Sacheverell also preached a trary power; and divers subjects of this realm, Sermon at the cathedral church of St. Paul, well affected to their country, joined with, and before tlie lord mayor, aldermen, and citizens assisted his late majesty in the said enterprize: of London, on the 5th day of November last, and it having pleased Almighty God to crown being the anniversary thanksgiving to Almighty the same with success, the late happy Re- God for the deliverance from the Gunpowdervolution did take effect, and was established. Treason, and for beginning the late happy ReAnd whereas the said glorious enterprize is ap- lution, by giving his late majesty a safe arrival proved by several acts of parliament, and here, and for completing the same, by making amongst others, by an act made in the first all opposition fall before him, till he became our year of the reign of king William and queen king and governor ; which said Sermon be the Mary, intituled, • An Act, declaring the Rights said Henry Sacheverell likewise published in and Liberties of the Subject, and settling the print, with a Dedication thereof to sir Samuel Succession of the Crown: And also, by one Gerrard, baronet, lord mayor of the city of other act made in the same year, intituled, London; and with a wicked, malicious, and * An Act for preventing vexatious Suits against seditious intention to undermine and subvert her such as acted in order to the bringing in their majesty's government and the Protestant SucMajesties, or for their service;' and also by cession as by law established; to defame her one other act made in the same year, intituled, majesty's administration ; to asperse the me.
An Act for appropriating certain Duties for mory of his late majesty ; to traduce and conpaying the States-General of the United Pro- demn the late happy Revolution; to contradict Tioces their Charges for his Majesty's Expedi- and arraign the resolutions of both Houses of tion into this Kingdom, and for other uses : Parliament; to create jealousies and divisions and the actings of the said well-affected sub- amongst her majesty's subjects; and to incité jects, in aid and pursuance of the said enter them to sedition and rebellion. prize,' are also declared to have been necessary,
ARTICLE 1. and that the same ought to be justified. And whereas the happy and blessed consequences He, the said Henry Sacheverell, in his said of the said Revolution are, the enjoyment of Sermon preached at St. Paul's, doth suggest the light of God's true religion established and maintain, That the necessary means used among us, and of the laws and liberties of the to bring about the said happy Revolution, were kingdom; the uniting her majesty's Protes- odious and unjustifiable: Tbat his late matant subjects in interest and affection, by legal jesty, in his Declaration, disclaimed the least indulgence or toleration granted to Dissenters; imputation of Resistance : And that to impute the preservation of her majesty's sacred person; Resistance to the said Revolution, is to cast the many and continual benefits arising from black and odious colours upon his late majesty her majesty's wise and glorious administration, and the prospect of happiness for future ages, by the settlement of the Succession of the
ARTICLE II. Crown in the Protestant line, and the Union of | He, the said Henry Sacheverell, in his said the two Kingdoms. And whereas the Lords Sermou preached at St. Paul's, doth suggest Spiritual and Temporal, and Commons in Par- and maintain, That the foresaid Toleration granted by law is unreasonable, and the allow-, Books aforesaid, did abuse his holy function, ance of it unwarraotable: And asserts, That and hath most grievously offended against the be is a false brother with relation to God; re- peace of her majesty, ber crown and dignity, ligion, or the Church, who defends Toleration ihe rights and liberties of the subject, the laws and Liberty of Conscience: That queen Eli- and statutes of this kingdom, and the prosperity zabeth was deluded by archbishop Grindall, and good government of the same. And tbe wbom he scurrilously calls a False Son of the said Commons, by protestation, saving to themCburch, and a Perfidious. Prelate, to the tole 1 selves the liberty of exbibiting at any time ration of the Genevian. discipline: And that hereafter any other Article or Impeachment it is the duty of superior pastors to thunder out against the said Henry Sacheverell; and also their ecclesiastical anathemas against persons of replying to bis Answers, or any of them, and intitled to the benefit of the said Toleration; of offering proofs of all the premisses, or any and insolently dares, or defies aby power on of them, and of any other Article or Impeachearth to reverse such sentences.
ment that sball be exhibited by them, as the ARTICLE III.
case, according to course of parliament, sball
require, do pray that the said Henry SachHe, the said Henry Sacbeverell, in his said everell be put to answer to all and every the Sermon preached at St. Paul's, doth falsly premisses; and that such proceeding, examiand seditiously suggest and assert, That the nation, trial, judgment, and exemplary punishChurch of England is in a condition of great ment, may be thereupon had and executed, as peril and adversity under her majesty's admi- / is agreeable to law and justice. nistration; and in order to arraign and blacken the said Vote or Resolution of both Houses of
THE ANSWER Parliament, approved by her majesty as afore-l of HENRY SACHEVERELL, DOCTOR IN said, he, in opposition thereto, doth suggest the Church to be in Danger; and, as a parallel,
DIVINITY, TO THE ARTICLES EXmentions a vote, That the person of king
HIBITED BY THE KNIGHTS, CITIZENS, Charles the first was voted to be out of danger,
AND BURGESSES IN PARLIAMENT at the same time that his murderers were con ASSEMBLED, IN THE NAME OF THEMspiring bis death; thereby wickedly and ma SELVES, AND OF ALL THE COMMONS licously insinuating, that the members of both
OF GREAT BRITAIN, IN MAINTEHouses, who passed the said vote, were then
XANCE OF THEIR IMPEACHMENT conspiring the ruin of the Church.
AGAINST HIM FOR HIGH CRIMES ARTICLE IV.
AND MISDEMEANORS. He, the said Henry Sacheverell, in bis said The said Henry Sacheverell, saving to bimSermons and Books, doth falsly and mali- self all advantages of exception to the said arciously suggest, That her majesty's adminis. ticles for the generality, uncertainty, and intration, both in ecclesiastical and civil affairs, sufficiency thereof, and of not being prejudiced tends to the destruction of the constitution : And by any words or want of form in this his that tbere are men of characters and stations Answer, admits, that at the request of George in Church and state who are False Brethren, Sacheverell, esq. biglı sheriff of ihe county of and do themselves weaken, undermine and be. Derby, be preached a Sermon at the assizes tray, and do encourage, and put it in the power held for that county, on the 15th day of Auof others, wbo are professed enemies, to over-gust 1709; and that at the desire of the right turn and destroy the constitution and establish- bon. sir Samuel Gerrard, baronet, lord mayor ment; and chargeth her majesty, and those in of the city of London, he also preached a authority uuder her, both in Church and state, Sermon at the cathedral church of St. Paul, with a general mal-administration : And, as a before the said lord mayor, and the aldermen public incendiary, be persuades her majesty's and citizens of London, on the 5th day of subjects to keep up a distinction of factions and November last; and that he caused the said parties; instils groundless jealousies, foments Serinons to be printed : But denies that he destructive divisions among them, and excites preached, or caused the same to be printed or and stirs them up to arms and violence: And published with any such wicked, malicious, or that his said malicious and seditious sugges. seditious intent, as in the preamble of the said tions may make tbe stronger impression upon Articles is affirmed; the said Henry Sachevé. the minds of her majesty's subjects, he the said rell having been induced to print the Sermon Henry Sacheverell doth wickedly wrest and he preached at Derby, at the request of the pervert divers texts and passages of Holy gentlemen of the grand jury for that county, Scripture.
to whom he humbly presumed to dedicate the All which Crimes and Misdemeanors the same, as the most public acknowledgment be Commons are ready to prove, not only by the was capable of making, for the peculiar hogeneral scope of the same Sermons or Books, nour be bad received by their public approbabut likewise by several clauses, sentences and tion of that Sermon. And the said lord mayor expressions in the said Sermons or Books con- having been pleased to express bis good liking tained ; and that be the said Henry Sacheverell, of the said Sermon preached at St. Paul's, the by preacbing the Serinons, and publishing the said Henry Sacheverell, at bis request, caused
the same to be printed, with a Dedication | majesty and the said Revolution.” The perthereof to him. And for Answer to the said sons whom the said Henry Sacheverell in bis Articles, humbly saith,
Sermon describes, as casting black and odious ANSWER TO FIRST ARTICLE.
colours upon his late majesty and the Revo
Jation, are not those who impute Resistance to To the first part of the First Article, the the late Revolution, of whom the said Henry said Henry Sachererell denies, that, in his said Sacheverell affirms nothing, “ but those new Sermon preached at St. Paul's, “ he doth sug- preachers and new politicians, who teach, in gest and maintain, that the necessary means contradiction to both gospel and the laws, that used to bring about the happy Revolution the people have the power vested in them, the were odious and unjustifiable." Nor doth he fountain and original of it, to cancel their allein any part of that Sermon affirm any thing | giance at their pleasure, and to call their soveconcerning the necessary means used to bring reign to account for high-treason against his about the happy Revolution. The said Henry subjects; nay, and to dethrone and murder Sacheverell is so far from reflecting on his late him for a criminal, as they did the Royal majesty, or the bappy Revolution, that he en- Martyr by a justiciary sentence ; who are deafours, in that Sermon, to clear the Revo- maintainers of anti-monarchial scbemes, and of lution, and bis late majesty, from the black and such damnable positions as are, by the laws of odious colours wbich their greatest enemies has church and state, condemned for rebellion and endeavoured to cast upon both.
high-treason; and who urge the Revolution And as to that part of the said Article, in defence of such principles.” Unless, therewhereby the said Henry Sacheverell is charged fore, those who impute Resistance to the Re. with " suggesting and maintaining, tbat his volution, be the same with those new preachers late majesty, in his Declaration, disclaimed the and new politicians above specified, the said least imputation of Resistance ;" the said Henry Sacheverell affirms nothing concerning Henry Sacheverell doth acknowledge himself | them. to have made such suggestion; and declares, The said Henry Sacheverell, upon the that he made it pot in dishonour, but in vindi. strictest search into his said Sermon preached cation of bis said majesty. The Resistance at St. Paul's, doth not find that he hath given the said Henry Sachererell represents the late any the least colourable pretence for the accu. king to have disclaimed, being such a Re. sation exhibited against him in this first Article, sistance as tended to the conquest of this realm, but barely by his asserting the utter illegality of as plainly appears from that part of his late Resistance to the supreme power upon any premajesty's Declaration which is referred to, and tence whatsoever; for which assertion he bumbly verbatim set forth at the bottom of the same conceives he hath the authority of the Church page, in which he mentions bis late majesty's of England, which in divers passages of her disclaiming any such imputation.
Homilies, too large and too numerous to be Whether the said Henry Sacheverell was here specified, but by the said Henry Sacheremistaken or not, in expressing bimself, as if the rell ready to be produced, hath taught and inlate king had disclainied any imputation of culcated this doctrine, as founded on the Word Resistance, when he the said Henry Sacheve- of God; particularly in the second part of the rell meant thereby, that the late king dis- Sermon of Obedience, contained in the former claimed the imputation of a design of conquest, Book of Homilies, set forth in the time of he bumbly conceives, such a suggestion by king Edward the 6th, where are these words : him, plainly designed for the honour of the late “ Here, gooi people, let us all mark diligently : king, cannot in any reasonable construction be It is not lawful for inferiors and subjects in any thought a reflection on his said niajesty, or case to resist and stand against the superior deemed any Crime or Misdemeanor.
powers; for St. Paul's words be plain, That For the further justification of what the said whosoever withstandeth, sball get to themHenry Sacheverell said in reference to his selves damnation ; for whosoever withstandetb, late majesty's having disclaimed any the least withstandeth the ordinance of God.” imputation of Resistance, the said Henry 'Which said Book of Homilies is affirmed Sacheverell hambly observes, that in bis late in one of the Thirty-Nine Articles of Relimajesty's Declaration, the following passages gion, which concern the Confession of the are contained: “We have thought fit to go true Christian Faith, to contain a godly and over to England, and carry over with us a wholesome doctrine, and is ordered to be read force sufficient, by the blessing of God, to de- in churches, by the ministers, diligently and fend ourselves from the violence of evil coun- distinctly, that they may be understanded of sellors.--We think fit to declare, that this our the people. Aod the said Henry Sacheverell, expedition is intended for no other design, but in further maintenance of the said doctrine and to have a free and lawful parliament as- position, contained in the Book of Homilies, sembled."
and of the authority of those books, saith, That As to the last charge in the said Article, the by an act of parliament made in the 13th year said Henry Sacheverell denies, “ That he doth of the reign of queen Elizabeth, intituled, “ An in his said Sermon suggest and maintain, that Act for the Ministers of the Church to be of to impate Resistance to the said Revolution, is sound Religion,” it is enacted, That no perto east black and odious colours upon his late son should thereafter be admitted to any benefice with cure, except he should first have sub- , serting the doctrine of Non-Resistance of the scribed the said Articles in the presence of the supreme powers. But if this doctrine be deordinary, and publicly read the same in the clared erroneous, and it should please God parish church of that benefice, with declaration that he should suffer for asserting it, be trusts of bis unfeigned assent to the same. And that God will enable him to shew his steady that by an Act made in the 5th year of her belief of this doctrine, by a meek and patient present majesty's reign, intituled, “ An Act for resignation to whatever shall befal him on that securing the Church of England as by Law account. established,” it was enacted, That the said Act, made in the said 18th year of the reign of|
ANSWER TO THE SECOND ARTICLE. queen Elizabeth, should remain and be in full! To that part of the Second Article wbich force for ever; and be inserted in express charges, that he the said Henry Sacheverell terms in any Act which should be made for ra- doth suggest and maintain, " That the Tole. tifying the Union of the two kingdoms of Eng- ration granted by law is unreasonable, and the land and Scotland ; and therein declared to be allowance of it unwarrantable;' the said Henry an essential and fundamental part thereof. Sacheverell saith, That, upon the most diligent And the said Act was accordingly inserted in enquiry, he hath not been able to inform himexpress terms, in an Aet for the Union of the self, that a Toleration hath been granted by two Kingdoms; and thereby ratified and de. law; but admits, that an Act did pass in the clared to be an essential and fundamental part first year of king William and queen Mary, thereof.
entitled, “An Act for exempting their majesAnd the said Henry Sacheverell doth fur- / ties' Protestant Subjects dissenting from the ther humbly insist, and is advised, that the Church of England, from the Penalties of ceraforesaid assertion is agreeable to, and war- tain Laws." Which exemption the said Henry ranted by, the common law of England, and Sacheverell doth not any where maintain or divers acts of parliament now remaining in full suggest to be unreasonable, or that the allowforce.
ance of it is unwarrantable ; but hoped that he The said Henry Sacheverell doth with all had prevented any such misapprehension, by humility aver the illegality of Resistance, on declaring his sincere meaning in these words any pretence whatsoever, to be the doctrine of contained in his Sermon preached at St. Paul's; the Church of England, and to bave been the “I would not be here misunderstood, as if I general opinion of our most orthodox and able intended to cast the least invidious reflection divines, from the time of the Reformation to upon that indulgence wbich the government this day: tbis doctrine hath, in the most so- hath condescended to give them, which I am lemn manner, been taught in that University, sure all those who wish well to our Church, are whereof he hath been for more than 20 years a ready to grant to consciences truly scrupulous; member; this bath been often, with public ap- let them enjoy it in the full linits the law has probation of each House of Parliament, preach- prescribed them.” ed and printed; and in terms of greater force If there be any other expressions concerning than any used by the said Henry Sacheverell, Toleration, which may seem to carry a dubious hath by the right reverend Fathers of our sepse in any other parts of his Sermon, he Church, dead and living, been avowed and hopes that they will not be applied to the exmaintained.
emption granted by law, but will be interpreted And the said Henry Sacheverell was the ra- agreeably to his avowed approbation of that ther induced to preach against the doctrine of law. Resistance of the supreme power upon the 5th And to such part of the said Second Article day of November, because on that day the as charges, that the said Henry Sacheverell Church commemorates our deliverance from asserts, " That he is a false brother with relathe traitorous attempts of rebellious Papists, tion to God, religion, or the Church, who deand because the lawfulness of resisting the sa- fends Toleration and Liberty of Conscience;' preme power was originally a Popish doc- he the said Henry Sacheverell saith, That he trine; for which reasons, as he humbly con- having so plainly declared himself in favour of ceives, the Rubric of the Office appointed for the exemption granted by law, when he blaines that day, by her late majesty queen Mary (of those, who, upou all occasions, defend Tolerablessed memory) directs, That after the Creed, tion and Liberty of Conscience, cannot be if there be no Sermon, shall be read one of the thought to reflect on the defenders of that legal six Homilies against Rebellion.
exemption or indulgence which he himself apWhilst, therefore, the Cburch of England, proves and defends: he doth indeed suggest it as by law established, is in a safe and flourish to be one part of the character of a false broing condition under her majesty's happy ad- ther, “ upon all occasions to defend Toleration ministration, whilst Popish tenets are by all and Liberty of Conscience; and to excuse the good Protestants condemned and abhorred, separation, lay the fault upon the true sons of whilst tbe laws of this realm continue in their the Church, for carrying matters too high." full force and vigour, the said Henry Sacheve. Which universal defence of Toleration, and rell bumbly hopes, that a dutiful son of that excuse of separation, attended with the laying Church, a sincere Protestant, and a faithful the fault of such separation upon the true sous subject of her majesty, shall not suffer for as of the Church, are by him jointly mentioned