se,
the earl of Nottingham proposed the following question:--"Whether,
in prosecutions by impeachments for high crimes and misdemeanors, by
writing or speaking, the particular words supposed to be criminal are
necessary to be expressly specified in such impeachments?" The judges
being consulted, were unanimously of opinion, that, according to law,
the grounds of an indictment or impeachment ought to be expressly
mentioned in both. One of the lords having suggested that the judges had
delivered their opinions according to the rules of Westminster-hall, and
not according to the usage of parliament, the house resolved, that in
impeachments they should proceed according to the laws of the land, and
the law and usage of parliament. On the sixteenth day of the month, the
queen being in the house incognita, they proceeded to consider whether
or not the commons had made good the articles exhibited against Dr.
Sacheverel. The earl of Wharton observed, that the doctor's speech was
a full confutation and condemnation of his sermon: that all he had
advanced about non-resistance and unlimited obedience was false and
ridiculous: that the doctrine of passive obedience, as urged by the
doctor, was not reconcileable to the practice of churchmen: that if the
revolution was not lawful, many in that house, and vast numbers without,
were guilty of blood, murder, rapine, and injustice; and that the queen
herself was no lawful sovereign, since the best title she had to the
crown was her parliamentary title, founded upon the revolution. He was
answered by the lord Haversham in a long speech. Lord Ferrers said, if
the doctor was guilty of some foolish unguarded expressions, he ought
to have been tried at common law. The earl of Scarborough observed,
the revolution was a nice point, and above the law; he moved that they
should adjourn the debate, and take time to consider before they gave
judgment. Dr. Hooper, bishop of Bath and Wells, allowed the necessity
and legality of resistance in some extraordinary cases; but was of
opinion, that this maxim ought to be concealed from the knowledge of the
people, who are naturally too apt to resist; that the revolution was
not to be boasted of, or made a precedent; but that a mantle ought to be
thrown over it, and it should be called a vacancy or abdication. He said
the original compact were dangerous words, not to be mentioned without
great caution; that those who examined the revolution too nicely were no