New York weekly journal; Zenger, John Peter, 1697-1746
To which one of the aldermen answered to this purpose, that he conceived
the case was no ways parallel because Doctor Sacheverell and his sermon
were impeached by the House of Commons of England, which is the grand
jury of the nation and representative of the whole people of England.
That this, their impeachment, they prosecuted before the House of Lords,
the greatest court of justice of Britain, and which beyond the memory of
man has had cognizance of things of that nature. That Sacheverell had a
fair hearing in defense of himself and his sermon. And after that fair
hearing he and his sermon were justly, fairly, and legally condemned.
That he had read the case of Doctor Sacheverell, and thought he could
charge his memory that the judgment of the House of Lords in that case
was that only the mayor and sheriffs of London and Middlesex should
attend the burning of the sermon, and not the aldermen; and further he
remembered that the order upon that judgment was only directed to the
sheriffs of London, and not even to the mayor, who did not attend the
doing of it. And farther said that would Mr. Recorder show that the
Governor and Council had such authority as the House of Lords, and that
the papers ordered to be burned were in like manner legally prosecuted
and condemned, there the case of Doctor Sacheverell might be to the
purpose. But without showing that, it rather proved that a censure ought
not to be pronounced till a fair trial by a competent and legal
authority were first had.
Mr. Recorder was desired to produce the books from whence he cited his
authorities, that the court might judge of them themselves; and was told
that if he could produce sufficient authorities to warrant this order
they would readily obey it, but not otherwise. Upon which he said that
he did not carry his books around with him. To which it was answered
that he might send for them, or order a constable to fetch them. Upon
which he arose, and at the lower end of the table he mentioned that
Bishop Burnet’s pastoral letter was ordered by the House of Lords to be
burned by the high bailiff of Westminster.[3] Upon which he abruptly
went away without waiting for an answer or promising to bring his books,
and did not return.
After Mr. Recorder’s departure it was moved that the protest should be
entered. To which it was answered that the protest could not be entered
without entering also the order, and that it was not fit to take any
notice of it; and therefore it was proposed that no notice should be
taken in their books of either, which was unanimously agreed to by the
court.
The sheriff then moved that the court would direct their whipper to
perform the said order. To which it was answered that as he was an
official of the Corporation they would give no such order. Soon after
the court adjourned, and did not attend the burning of the papers.
Public-domain text, read in full here on John Shaqi.
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