the same time with that freedom which I think the importance of this cause does at this time require.

Dr. Sacheverell stands impeached by the Commons of Great Britain, of High Crimes and Misdemeanors expressed in the several Articles of the Charge exhibited against him; and your lordships have heard what they have said in support of that Charge, as well as what has been offered in the Doctor's defence. Your lordships have also debated among yourselves the merits of the cause as to the first of these Articles; and have come to a resolution, that the Commons have made good that part of their Charge; and which resoJution as I did heartily concur, so I was ready to have humbly represented to your lordships my reasons for so doing, had there been either occasion or room for it.

Your lordships are now upon the second Article; wherein the Doctor is charged for suggesting and maintaining, that the Toleration granted by law is unreasonable, and the allowance of it unwarrantable; with other particulars that have immediate relation to this general Charge, and which are indeed so many proofs of it.

In this view therefore, my lords, I beg leave to consider them: and the first of these instances in support of this charge, is, that he asserts, that he is a False Brother with relation to God, religion, or the Church, who defends Toleration and Liberty of Conscience; and this, my lords, the Doctor does assert in so many words. It is one of the many marks he gives whereby we may discern who is a False Brother in those respects; not a small part of one general mark, as was alleged very inconclusively, I think, in his Defence. For if it was to be granted, (though it cannot be fairly pretended) that the Doctor makes the defending of Toleration and Liberty of Conscience, one branch only of the character of a False Brother; I do not see how it could make even a part of that character, if there was no False Brotherhood in it. And I shall not trouble myself or your lordships with going about to settle the degrees of False Brotherhood that are in this part of the character, because I think every degree of it is unreasonable and not to be warranted.

And therefore the Doctor cannot make it so much as a part of the character of a False Brother to defend Toleration and Liberty of Conscience, as it is confessed that he does, but he must at the same time suggest and maintain that the Toleration is unreasonable, and the allowance of it unwarrantable. For it can never be any degree of False Brotherhood, to defend what is reasonable and warrantable: Nor would even the Doctor, as inconsistent a man as several of the noble lords that have spoken for bim represent him to be, ever have made it one; if he had not himself condemned that which he blames others for defending.

The second instance alleged is, that he calls archbishop Grindall a false son of the Church,

and a perfidious prelate, for deluding queen Elizabeth into the Toleration of the Genevian discipline. I shall not, my lords go about to add any thing to the full and just vindication you have heard of that excellent prelate. But can any of your lordships believe, that a presbyter of the Church of Englaud, professing more than ordinary zeal for episcopacy and the constitution of this Church, should bestow such language ou one who was the first bishop and the ornament of it so long; only for disposing that glorious queen to a mild treatment of the Puritans of that time, which is the utmost that is pretended to be laid to his charge, if he had thought Toleration a reasonable thing, or what was fit to be established by law?

This, my lords, I confess can never enter into my thoughts, as ready as I am to enlarge them, for the admitting of any favourable construction that will not shut out common sense.

The third instance is his making it the duty of the superior pastors to thunder out their ecclesiastical anathemas against persons entitled to the benefits of the Toleration. And to shew that he has done this, I need only refer your lordships to that part of his Sermou where the superior pastors are called upon to do so; viz. the fourth and last general head, where he draws the consequence of all that he had spoken before, in the following words: "Now what should be the result of this long discourse, but that if we bear any true concern for the interest, honour, and safety of our Church and government, we ought stedfastly to adhere to those fundamental principles, upon which both are founded, and upon which their security under God alone depends; and consequently that it highly beboves us, cautiously to watch against, to mark, and avoid all those that thus treacherously desert them. And indeed it would be both for our advantage, as well as their credit, if such men would throw off the mask, entirely quit our Church of which they are no true members, and not fraudulently eat her bread, and lay wait for her ruin, purloin her revenues, and ungratefully lift up their heels against her. For then we should be one fold under one shepherd; all those invidious distinctions, that now distract and confound us, lost; and we should be terrible like an army of banners to our enemies; who could never break in upon such an uniform and well-compacted body. This indeed would be a true peace, and solid union, when we should all with one mind and one mouth glorify God, and not with a confused diversity of contradictious opinions, and inconsistent jargon of worship, which the God of peace, purity and order, cannot but abhor. As it is a maxim in politics, that all governments are best supported by the same methods and counsels upon which they are founded; so it will appear undeniably true in its application to our constitution, which can be maintained by no other principles, but those on which it is built, and like their basis, the Vide Serm. page 22, 1. 4.

gospel, if there is any violation, or breach made in any branch of it, it shakes and endangers the whole frame and body. These things, however little they may be represented by our adversaries, will be found of the most considerable consequence. Let us therefore, as we are unhappy sharers of St. Paul's misfortune, to have our Church in perils among False Brethren, follow his example and conduct in a parallel case. He tells us in his epistle to the Galatians, c. 2, That he was obstructed and pestered in his preaching the gospel, by False Brethren unawares brought in, who came privily to spy out his liberty, which he had in Christ Jesus, that they might bring him into bondage: To whom he gave place by subjection, no not for an hour, that the truth of the gospel might continue with the Church. Doubtless this brave and bold resolution did the Apostle take by the peculiar command and inspiration of the Holy Ghost; and yet if our Dissenters had lived in those times, they would have branded him as an intemperate, hot, furious zealot, that wanted to be sweetened by the gentle spirit of charity and moderation forsooth! Schism and faction are things of impudent and incroaching natures, they thrive upon concessions, take permission for power, and advance a toleration immediately into an establishment. And are therefore to be treated like growing mischiefs, or infectious plagues, kept at a distance, lest their deadly contagion spreads. Let us therefore have no fellowship with those works of darkness, but rather reprove them. Let our superior pastors do their duty in thundering out their ecclesiastical anathemas, and let any power on earth dare reverse a sentence ratified in heaven."

Can any thing, my lords, be plainer than that the Dissenters, and they only are here spoken of? And what does the Doctor say in his own Defence, to avoid it? His words in his printed speech are these:

"Schismatics, my lords, are not the only persons against whom ecclesiastical censures may be denounced: The works of darkness which I referred to as fit to be reproved, in that part of my Sermon where I speak of these censures, are of the same kind with those mentioned by the Apostle, whose words I produced. All lewd and immoral practices," &c.

It is very true, my lords, Schismatics are not the only persons against whom ecclesiastical censures may be denounced, but I must still say they are the only persons referred to, in the paragraph I have read to your lordships; and therefore I own I am a good deal concerned, to find the Doctor making so vain, so unsincere a defence. For it is not works of darkness in general he is cautioning against, but expressly, by a word of his own inserting, not the Apostle's, those works of darkness mentioned immediately before; schism and faction, which with him go always together,

These are the sins against which he calls

upon his superior pastors to thunder out their ecclesiastical anathemas; nor can the charge be avoided by that distinction which was offered in his behalf, between a censure purely spiritual, and an ecclesiastical censure. For admitting there is ground for that distinction in a scholastical consideration of the general question of Christian censures; yet there is no room to make use of it in this case, because he calls expressly for ecclesiastical anathemas, which can be applied to none but such as are part of the order and discipline of this Church.

And it is certain, my lords, that these censures cannot, since the Act of Toleration, be inflicted upon Dissenters, how much soever their schism remains; because it is expressly provided by act of parliament, (an act, my lords, of the whole Christian society, to which the superior pastors were personally concurring) that they shall not be treated as schismatics in the way of those ecclesiastical censures, to which their separation would otherwise have certainly subjected them.

And though I cannot undertake upon memory to be very particular, yet I dare venture to say, there have anciently been relaxations of the discipline of the Church, even when the crime was thought to deserve the continuance of it, for public expedience, and better preserving the peace of the Christian world: And that in such cases any presbyter or bishop would himself have been censured, if he had not acquiesced in such relaxations.

My lords, a presbyter of the Church of England, is the more obliged to acquiesce in all such relaxations amongst us as are legally made, because he has solemnly promised at his ordination, that "he will give his faithful diligence always so to minister the doctrine, and sacraments, and the discipline of Christ, as the Lord hath commanded, and as this Church and realm hath received the same."

I have already observed to your lordships, how the discipline of the Church stands at present as to the point in question. And as the relaxation of it in that particular, was agreeable to that temper which the bishops who petitioned king James, gave the Dissenters ground to expect; so I am verily persuaded, that the Church is so far from being hurt by this indulgence, that it has received advantage as well as credit from that moderation which gave way to it. I could give several instances of this within my own observation, while I was arch-deacon, under a reverend prelate that sits now before me, and since I have had the honour to be on this bench: in which compass of time several men of sobriety and learning, bred up to be ministers amongst the Dissenters, have left the separation, and upon due trial have been admitted to orders in our Church; in which they have officiated with entire conformity to our rules, and to the honour of our holy religion.

These instances have been so frequent and remarkable, since the Dissenters have been exempted from the penalties of certain laws, above what had been observed before; that I

This I say from that which, I bless God, is the natural temper of my mind, and not from the care that has been taken by some to intimidate, as far as they could, those who were to have the cognizance of the Doctor's cause, and were not thought to be favourable to it.

I shall not, my lords, enter into the enquiry of what sentences are ratified in heaven but as one may venture to say, that all that have been pronounced on earth, are not ratified there so, by all I have seen of the Doctor's spirit in these matters, I have great reason to fear, that if the power of the keys was in his hands, it would often be very sadly abused.

However he has so good an opinion of his own spirit, as to put his superiors in mind of another part of their duty, immediately after that I have mentioned; and that is, to promote men of probity, conscience and courage; without which, he thinks, they cannot be fit members of the Church militant; in which I can as little agree with him as in the former demand. For if I may judge of the probity, conscience, and courage he thinks so deserving, by what appears in his Sermon, compared with his Speech to your lordships, I cannot think them qualifications for a minister of the Church of Christ in any respect; and I hope I shall be so happy as to find all the reverend prelates, with whom I have the honour to sit, agreeing with me in this.

But though I hope such a conduct will never recommend any person to favour, yet I do not desire that even that which I heartily blame should be punished so much as I think it deserves. And though he, who pleads so warmly for wholesome severities towards those who differ from him, bas the least title to your

I shall not take upon me to charge the Doctor or any of his particular friends with this practice, as great a temptation as one is under to do so from several circumstances. And it is not the least, that occurs in his prayers, which he has published upon this occasion, to represent not so much to God as to the world, that he is under persecution, when he is prosecuted for offending against the law, by those, who in common justice ought to be thought the fairest accusers; and before your lordships, who are justly acknowledged to be the most impartial judges.

However I will never believe, till I cannot avoid it, that any members of the Church of England who have acknowledged the government, much less any clergyman who has so often professed his obedience to it in Church and State, should have been any way accessary to those threatenings that have been given out, particularly against such bishops as should happen to condemn the Doctor's proceedings.

As far, my lords, as I have seen of this cause, I am likely to be one of those bishops; and though I do not pretend to any great share of courage, I am very free to declare to your lordships, that I am in no comparison so apprehensive of what may befal myself for condemning this person, as I am of what will probably befal the public, if your lordships should not condemn him.

But that is in your lordships' judgment, to which I humbly submit it: and only beg pardon for having detained your lordships so long in giving my reasons why I think the Commons have made good this second part of their Charge.

Die Martis, Decimo Octavo Die Aprilis, Anno Domini, 1710, Anno Anne, Dei Gratia, Magna Britanniæ, Franciæ, et Hiberniæ Reginæ, &c. Nono.

A BILL of indictment for High-Treason, in levying open war against her majesty, having been found yesterday by the grand jury for the

county of Middlesex, at Hicks's-Hall, against Daniel Dammaree, Francis Willis, and George Purchase, the prisoners, being in custody of

* See the preceding Case.

Mr. Luders investigates the cases which support the position advanced by lord Coke, 3 Inst. 9, viz. “If any levy war to expulse strangers, to deliver men out of prisons, to re