1709-10.

March 3.

"diate care for fuppreffing them, and would lofe` no time "in endeavouring to find out the authors and abettors, in "order to bring them to punishment, according to the ❝ defire of this houfe." The commons, upon this answer, unanimoufly refolved to present an addrefs, importing, "That they begged leave to return their most hearty thanks "for her moft gracious answer to their address, and for her "effectual care in fuppreffing those rebellious tumults, "which were set on foot and fomented by papists, nonjurors, and other enemies to her title and government, in "defiance of the juft profecution of the commons against

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Dr. Henry Sacheverel. And they humbly befought her << to believe, that as this profecution proceeded only from the indifpenfable obligation, which her faithful commons looked upon themselves to lie under, not to fit ftill, and patiently fee the juftice of the late happy revolution, and the glory of their late royal deliverer reflected upon; "her majefty's undoubted title ftruck at; her administra

tion, by which fo many bleffings were derived upon ❝ them, endeavoured to be rendered odious to the people, " and reprefented as deftructive of the church and confti"tution; the present establishment and proteftant fuccef

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fion undermined; the refolutions of the parliament "treated with contempt; the governors of the church, "and her majefty, as fupreme, afperfed and vilified; the ❝ toleration expofed, as wicked; and sedition infolently in.. vading the pulpit: fo the maintenance of her majefty's right, the fafety of her person, the quiet of her "government, the continuance of their happiness under her excellent adminiftration, the fucceffion in the pro* teftant line, the support and honour of the church of England, as eftablished by law, with that toleration, "which was by act of parliament allowed to protestant dif«fenters, fhould be their conftant care and concern. And

ર

they would, upon all occafions, venture all that was dear

to them, in defence of fuch ineftimable bleffings." It was moved, that in the first paragraph it might be fuggefted, that the rebellious tumults were fet on foot and fomented by republicans, as well as by papifts and nonjurors' but the motion was rejected. The day before this address was presented, a proclamation was published for fuppreffing the tumults, purfuant to which feveral perfons, who had been active in the late riots, were apprehended, and committed to divers prifons; particularly, George Purchafe the bailiff; Daniel Damaree, one of the queen's water

men;

men; and Francis Willis, a footman; which three were 1709-10. fome time after tried for high-treafon: but, though the two firft were sentenced to die, yet neither of them suffered. The remiisness, in punishing fo great a disorder, was looked on as the preparing and encouraging men to new tumults; and there was a fecret management in the whole affair, that amazed all people.

tion of the

When Dr. Sacheverel had ended his defence, the mana- Continuagers for the house of commons replied, and fhewed very trial. evidently, that the words of his fermon could not reasonably bear any other sense but that for which they charged him. This was an easy performance, and they managed it with great ftrength and vivacity. But the humour of the town was turned against them, and all the clergy appeared for the doctor. Many of the queen's chaplains stood about him, encouraging and magnifying him; and it was given out, that the queen herself favoured him, though upon bishop Burnet's first coming to town, which was after the impeachment was brought up to the lords, fhe faid to him, that it was a bad fermon, and that he deserved well to be punished for it.

death and

Sir John Holt, lord chief juftice of the queen's-bench, Chief jufdied during the trial of the doctor, upon the 6th of March. tice Holt's He was very learned in the law, and had, upon great occa- character. fions, fhewed an intrepid zeal in afferting its authority; for he ventured on the indignation of both houfes of parliament by turns, when he thought the law was with him. He was a man of good judgment and great integrity, and set himself with great application to the functions of that important poft. Sir Thomas Parker was immediately made lord chief justice in his room. This great promotion feemed an evident demonftration of the queen's approving the prosecution; for none of the managers had treated the doctor so severely as he had done: yet fecret whispers were very confidently fet about, that though the queen's affairs put her upon acting the part of one, who was pleafed with this scene; yet fhe difliked it all, and would take the first occafion to Thew it.

On the 10th of March the earl of Nottingham faid, that he had fomething to propofe; and the lords being adjourned to their house, he started an unexpected queftion, “Whe"ther in profecutions by impeachments for high crimes and "misdemeanors, by writing, or fpeaking, the particular "words, fuppofed to be criminal, are neceffary to be exprefsly fpecified in fuch impeachments ?" After fome

debate

1709-10. debate, the lords refolved to confult the judges, who very readily delivered their unanimous opinions, "That, accord

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ing to law, the grounds` of an indictment or impeachment "ought to be exprefsly mentioned in both." Thofe, who were for punishing Dr. Sacheverel, were not a little furprized at this unforeseen difficulty, which was of no lefs confequence, than to annul the whole profecution, and to make it neceffary for the commons to begin anew, which they could not expect to have time to do. But it being fuggefted, that the judges had delivered their opinion according to the rules of Westminster-hall, and not according to the ufage of parliament, the lords at laft refolved, "That "in impeachments they were to proceed according to the

laws of the land, and the law and ufage of parliaments ;" and, upon fearching the journals of the house for precedents, they found a parallel inftance to that of Dr. Sacheverel's impeachment, which was that of Dr. Mainwaringin king Charles I's reign, wherein the words, for which he was impeached, were not exprefsly mentioned in the articles. Whereupon it was voted after fome debate, "That by the law and ufuage of parliaments in profecutions by impeachments for high-crimes and mifdemeanors, by writing or fpeaking, the particular words, fupposed to be "criminal, are not neceffary to be exprefsly specified in "fuch impeachments:" against which resolution many lords entered their proteft.

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On the 16th of March, the queen went incognito to the houfe of lords, where a motion being made to declare, "That the commons had made good the first article against "Dr. Sacheverel," a warm debate arofe. The earl of Wharton, who spoke firft, faid, "There is a different "ftrain between the doctor's fermon and his speech; the fpeech is a full confutation and condemnation of the fermon. All he has advanced about non-refiftance and "unlimited obedience, is ridiculous and falfe; as is alfo his "diftinguishing in the affair of the revolution, in which "there was notorious refiftance in the affociation begun at "Exeter, and in the feizing of York and Oxford gates,

and breaking the bridge. The doctrine of paffive obe"dience, as preffed by the doctor, is not reconcileable to "the practice of churchmen. If the revolution is not law"ful, many in that house, and vaft numbers without, were "guilty of blood, murder, rapine, and injuftice; and the

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queen herself is no lawful queen, fince the best title she "had to the crown, was her parliamentary title, founded

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on

t< on the revolution." The lord Haverfham made a long 1709-10. 237 speech in answer to this; and the lord Ferrers endeavoured likewise to excuse the doctor, alledging, That the revo"lution was not mentioned in his fermon: that nothing but plain matter of fact should ground fuch a folemn accufation: that, if the doctor were guilty of fome foolish "unguarded expreffions, he ought to have been tried in "Westminster-hall: but he doubted, whether even in the "inferior courts there would be fufficient matter to convict "him." He was supported by the earl of Scarborough,' who faid, the revolution was a nice point, and above the law; and moved, that they fhould adjourn the debate, and take time to confider, before they gave their judg

ment.

The lord Haversham having reflected on fome bishops voting contrary to their doctrines, Dr. Talbot, bishop of Oxford, took from thence occafion to speak on the other fide. But Dr. Hooper, bifhop of Bath and Wells, endea-` voured to excufe Dr. Sacheverel; "he allowed, indeed, of "what the bishop of Oxford had advanced, about the ne

ceffity and legality of refiftance in fome extraordinary "cafes; but was of opinion, that this ought to be kept "from the knowledge of the people, who are naturally too "apt to refift; and that the oppofite doctrine ought rather "to be maintained and inforced.. That the revolution was "not to be boasted of, and made a precedent; but we "ought to throw a mantle over it, and rather call it a va"cancy or abdication: and the original compact were too

very dangerous words, not to be mentioned without a

great deal of caution. That they, who examined the "revolution too nicely, were no friends to it; for, at that' "rate, the crown would roll like a ball, and never be fixed." He concluded, "That there feemed to be a neceffity to "preach up non-refiftance and paffive obedience at that "time, when refiftance was juftified." The duke of Ar

gyle, who spoke on the other fide, faid, among other things, "That the clergy, in all ages, have delivered up the "rights and liberties of the people, and preached up the "king's power, in order to govern him; and therefore

they ought not to be fuffered to meddle with politics." The earl of Anglefey anfwered to this, "That political fer"mons were fometimes neceffary, and allowed on the 30th "of January, and other occafions. As to the revolution, "which was the chief matter now in debate (he faid) the vacancy of the throne was properly the thing; and there

"fore

1709-10. "fore the mentioning neceffary means, were mere nonfenfe "in the doctor; and he would not find him guilty for non"fense; the rather, because the doctrine of resistance, which "the doctor had confuted, justifies rebellion, murder, and "all manner of crimes." The duke of Leeds, who fpoké on the fame fide, made a very long speech, wherein he owned," he had a great share in the late revolution, but "faid, he never thought, that things would have gone fo "far, as to fettle the crown on the prince of Orange, whom " he had often heard fay, that he had no fuch thoughts "himself. That they ought to distinguish between refiftance and revolution; for vacancy or abdication was the "thing they went upon, and therefore refiftance was to "be forgot; for, had it not fucceeded, it had certainly "been rebellion; fince he knew of no other but hereditary " right." Upon this the bishop of Salisbury made a speech, "wherein he fhewed the falfhood of an opinion too com"monly received, that the church of England had always "condemned refiftance, even in the cafes of extreme tycc ranny. The books of the Maccabees, bound up in our

bibles, and approved by our articles, as containing ex"amples of life and inftruction of manners, though not as "any part of the canon of the fcripture, contained a full and "clear precedent for refifting and shaking off extreme tyran"ny. The Jews, under that brave family, not only defended "themselves against Antiochus, but formed themselves into 66 a free and new government: our homilies were only against wilful rebellion, fuch as had been against our "kings, while they were governing by law. But, at that very time, queen Elizabeth had affifted, first the Scots, " and then the French, and to the end of her days conti"nued to protect the ftates, who not only refifted, but, 66 as the Maccabees had done, fhook off the Spanish yoke,

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and fet up a new form of government. In all this fhe "was not only juftified by the beft writers of that time, fuch "as Jewel and Bilfon, but was approved and fupported in << it. Both her parliaments and convocations gave her "fubfidies to carry on those wars. The fame principles "were kept up in all king James's reign. In the begin"ning of king Charles's reign he protected the Rochel"lers, and asked fupplies from the parliament, to inable "him to do it effectually, and ordered a fast and prayers "to be made for them. It is true, foon after that, new "notions of abfolute power, derived from God to kings, "were taken up: at the firft rife given to these by Mayn"waring,