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Burke, Edmund, 1729-1797

"The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)"

Thereupon the Lords, being moved to adjourn, adjourned to the
House of Lords, and on debate," as appears by a note, "it was agreed
that the question should be proposed in Westminster Hall."[6]
Accordingly, when the Lords returned the same day into the Hall, the
question was put by Lord Nottingham, and stated to the Judges by the
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.


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