But besides the presumption in favor of the reasons which must be supposed to have produced this solemn judgment of the Peers, contrary to the practice of the courts below, as declared by all the Judges, it is probable that the Lords were unwilling to take a step which might admit that anything in that practice should be received as their rule.  It must be observed, however, that the reasons against the article alleged in the protest were by no means solely bottomed in the practice of the courts below, as if the main reliance of the protesters was upon that usage.  The protesting minority maintained that it was not agreeable to several precedents in Parliament; of which they cited many in favor of their opinion.  It appears by the Journals, that the clerks were ordered to search for precedents, and a committee of peers was appointed to inspect the said precedents, and to report upon them,—­and that they did inspect and report accordingly.  But the report is not entered on the Journals.  It is, however, to be presumed that the greater number and the better precedents supported the judgment.  Allowing, however, their utmost force to the precedents there cited, they could serve only to prove, that, in the case of words, (to which alone, and not the case of a written libel, the precedents extended,) such a special averment, according to the tenor of the words, had been used; but not that it was necessary, or that ever any plea had been rejected upon such an objection.  As to the course of Parliament, resorted to for authority in this part of the protest, the argument seems rather to affirm than to deny the general proposition, that its own course, and not that of the inferior courts, had been the rule and law of Parliament.

As to the objection, taken in the protest, drawn from natural right, the Lords knew, and it appears in the course of the proceeding, that the whole of the libel had been read at length, as appears from p. 655 to p. 666.[10] So that Dr. Sacheverell had substantially the same benefit of anything which could be alleged in the extenuation or exculpation as if his libellous sermons had been entered verbatim upon the recorded impeachment.  It was adjudged sufficient to state the crime generally in the impeachment.  The libels were given in evidence; and it was not then thought of, that nothing should be given in evidence which was not specially charged in the impeachment.

But whatever their reasons were, (great and grave they were, no doubt,) such as your Committee has stated it is the judgment of the Peers on the Law of Parliament, as a part of the law of the land.  It is the more forcible as concurring with the judgment in the 11th of Richard II., and with the total silence of the Rolls and Journals concerning any objection to pleading ever being suffered to vitiate an impeachment, or to prevent evidence being given upon it, on account of its generality, or any other failure.