Lord Chancellor: "Whether, by the _law of England_, and constant
practice in all prosecutions by _indictment and information_ for crimes
and misdemeanors by writing or speaking, the particular words supposed
to be written or spoken must not be expressly specified in the
indictment or information?" On this question the Judges, _seriatim_, and
in open court, delivered their opinion: the substance of which was,
"That, by the laws of England, and the constant practice in Westminster
Hall, the words ought to be expressly specified in the indictment or
information." Then the Lords adjourned, and did not come into the Hall
until the 20th. In the intermediate time they came to resolutions on the
matter of the question put to the Judges. Dr. Sacheverell, being found
guilty, moved in arrest of judgment upon two points. The first, which he
grounded on the opinion of the Judges, and which your Committee thinks
most to the present purpose, was, "That no entire clause, or sentence,
or expression, in either of his sermons or dedications, is particularly
set forth in his impeachment, which he has already heard the Judges
declare to be necessary in all cases of indictments or informations."[7]
On this head of objection, the Lord Chancellor, on the 23d of March,
agreeably to the resolutions of the Lords of the 14th and 16th of March,
acquainted Dr. Sacheverell, "That, on occasion of the question before
put to the Judges _in Westminster Hall_, and their answer thereto, their
Lordships had fully debated and considered of that matter, and had come
to the following resolution: 'That this House will proceed to the
determination of the impeachment of Dr. Henry Sacheverell, according to
the _law of the land, and the law and usage of Parliament_.' And
afterwards to this resolution: 'That, by _the law and usage of
Parliament_ in prosecutions for high crimes and misdemeanors by writing
or speaking, the particular words supposed to be criminal are _not
necessary_ to be expressly specified in such impeachment.' So that, in
their Lordships' opinion, the law and usage of the High Court of