AN EXACT ACCOUNT Of the Whole PROCEEDINGS AGAINST THE Right Reverend Father in GOD, HENRY Lord Bishop of LONDON, Before the Lord CHANCELLOR, And the other Ecclesiastical Commissioners. LONDON, Printed in the Year MDCLXXXVIII. THE KING'S ECCLESIASTICAL Commission. JAMES the Second, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To the Most Reverend Father in God, Our Right Trusty and Right Wellbeloved Councillor, William Lord Archbishop of Canterbury, Primate of all England, and Metropolitan. And to Our Right Trusty and Right Well = beloved Councillor, George Lord Jefferyes, Lord Chancellor of England. And to our Right Trusty, and Right Well = beloved Cousin and Councillor, Laurence Earl of Rochester, Lord High Treasurer of England. And to Our Right Trusty, and Right Well = beloved Cousin and Councillor Robert Earl of Sunderland, Precedent of Our Council, and Our Principal Secretary of State. And to the Right Reverend Father in God, Our Right Trusty and Well = beloved Councillor, Nathanael Lord Bishop of Duresme, And to the Right Reverend Father in God, Our Right Trusty and Well = beloved Thomas Lord Bishop of Rochester. And to Our Right Trusty and Well = beloved Councillor, Sir Edward Herbert kt. Lord Chief justice of the Pleas, before Us to be holden, Assigned, Greeting. We for divers good weighty and necessary Causes and Considerations, Us hereunto especially moving, of Our mere Motion and certain knowledge, by force and virtue of our Supreme Authority and Prerogative Royal, do Assign, Name, and Authorise by these Our Letters-Patent, under the Great Seal of England, You the said Lord Arch = Bishop of Canterbury, Lord Chancellor of England, Lord High Treasurer of England, Lord Precedent of Our Council, Lord Bishop of Duresme, Lord Bishop of Rochester, and Our Chief justice aforesaid, or any Three or more of you, whereof You the said Lord Chancellor to be one, from time to time, and at all times during Our pleasure, to Exercise, Use, Occupy and Execute under Us all manner of jurisdictions, privileges, & preeminencies in any = wise touching or concerning any Spiritual or Ecclesiastical jurisdictions, within this Our Realm of England, and Dominion of Wales, & to visit, reform, redress, order, correct and amend all such abuses, offences, contempts, and enormities whatsoever, which by the Spiritual or Ecclesiastical Laws of this our Realm can or may lawfully be reform, redressed, corrected, restrained, or amended, to the pleasure of Almighty God, and increase of virtue, and the conservation of the peace and unity of this Realm. And we do hereby give and grant unto you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, thus by us named, assigned, authorised, and appointed, by force of our supreme authority and prerogative Royal, full power and authority, from time to time, and at all times during our pleasure, under us to exercise, use and execute all the premises, according to the tenor and effect of these our Letters-Patents, any matter or cause to the contrary, in any wise notwithstanding. And we do by these Presents give full power and authority unto you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, by all lawful ways or means from time to time hereafter during our pleasure, to inquire of all offences, contempts, transgressions, and misdemeanours done and committed, and hereafter done and to be committed, contrary to the Ecclesiastical Laws of this our Realm, in any County, City, Borough, or other place or places exempt or not exempted, within this our Realm of England, and Dominion of Wales; and of all and every Offender or Offenders therein, and them, and every of them to order, correct, reform, and punish, by censure of the Church. And also we do give and grant full power and authority unto you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, in like manner as is aforesaid, from time to time, and at all times during our pleasure, to inquire of, search out, and call before you all and every Ecclesiastical person or persons, of what degree or dignity soever, as shall offend in any of the particulars before mentioned, and them, and every of them to correct, and punish for such their misbehaviours and misdemeanours, by suspending or depriving them from all promotions Ecclesiastical, and from all functions in the Church, and to inflict such other punishments or censures upon them, according to the Ecclesiastical Laws of this Realm. And further we do give full power & authority unto you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, by virtue hereof, and in like manner and form as is aforesaid, to inquire, hear, determine, and punish all Incest, Adulteries, Fornications, Outrages, Misbehaviours, and disorders in Marriage, and all other grievances, great crimes or offences which are punishable, or reformable by the Ecclesiastical Laws of this our Realm, committed or done, or hereafter to be committed or done, in any place exempt or not exempt, within this our Realm, according to the tenor of the Ecclesiastical Laws in that behalf: Granting you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, full power and authority to order and award such punishment to every such offender, by censures of the Church, or other lawful ways, as is aforesaid; and further we do give full power and authority unto you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, all and every Offender and Offenders in any of the premises, and also all such, as by you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, shall seem to be suspected persons in any of the premises, and them to examine, touching every or any of the premises which you shall object against them; and to proceed against them, and every of them as the nature and quality of the offence, or suspicion in that behalf shall require. And also to call all such Witnesses, or any other person or persons that can inform you concerning any of the premises, as you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, and them, and every of them, to examine upon their corporal oaths, for the better trial and opening of the truth of the premises, or any part thereof. And if you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, shall find any person or persons whatsoever obstinate or disobedient in their appearance before you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, at your calling and commandment, or else not in obeying, or in not accomplishing your orders, decrees, and commandments, or any thing touching the premises or any part thereof, or any other branch or clause contained in this Commission, that then you, or any Three or more of you, as is aforesaid, whereof you the said Lord Chancellor to be one, shall have full power and authority to punish the same person and persons so offending, by Excommunication, Suspension, Deprivation, or other Censures Ecclesiastical; and when any person shall be convented or prosecuted before you as aforesaid, for any of the causes above expressed, at the instance and suit of any person prosecuting the offence in that behalf, that then you, or any Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, shall have full power and authority to award such costs and expenses of the Suit, as well to and against the party, as shall prefer or prosecute the said offence, as to and against any party or parties that shall be convented according as their Causes shall require, and to you in justice shall be thought reasonable. And further our will and pleasure is, that you assume our well = beloved Subject William Bridgman Esquire, one of the Clerks of our Council, or his sufficient Deputy or Deputies in that behalf to be your Register, whom we do by these presents depute to that effect, for the Registering of all your Acts, Decrees, and Proceedings, by virtue of this our Commission; and that in like manner, you, or any Three or more of you, whereof you the said Lord Chancellor to be one, by your discretions shall appoint one or more Messenger or Messengers, or other Officer or Officers necessary and convenient to attend upon you for any service in this behalf. Our will and express commandment also is, That there shall be two paper Books invented and made, the one to remain with the said Register, or his sufficient Deputy or Deputies, the other with such person, and in such places as you the said Commissioners, or any Three or more of you, whereof you the said Lord Chancellor to be one, shall in your discretions think most fit and meet; in both which Books shall be fairly entered all the Acts, Decrees, and Proceedings made or to be made, by virtue of this our Commission. And whereas our Universities of Oxford and Cambridge, and divers Cathedral and Collegiate, Churches, Colleges, Grammar Schools, and other Ecclesiastical Incorporations, have been erected, founded, and endowed by several of our Royal Progenitors, Kings and Queens of this Realm, and some others by their charity and bounty of some of their Subjects, as well within our Universities as other parts and places, the Ordinances, Rules and Statutes whereof are either imbesled, lost, corrupted, or altogether imperfect. We do therefore give full power & authority to you, or any Five or more of you, of whom we will you the forenamed] the Lord Chancellor always to be one, to cause and command in our Name, all and singular the Ordinances, Rules and Statutes of our said Universities, and all and every Cathedral and Collegiate Churches, Colleges, Grammar Schools, and other Ecclesiastical Incorporations, together with their several Letters = Patents, and other Writings, touching or in any wise concerning their several Erections and Foundations, to be brought and exhibited before you, or any Five and more of you, as is aforesaid, whereof you the said Lord Chancellor to be one; willing, commanding, and authorising of you, or any Five or more of you, as aforesaid, whereof you the said Lord Chancellor to be one, upon the exhibitting, and upon diligent and deliberate view, search, and examination of the said Statutes, Rules, and Ordinances, Letters-Patents and Writings as is aforesaid, the same to correct, amend, and alter; and also where no Statutes are extant, in all or any of the aforesaid Cases, to devise and set down such good Orders and Statutes as you, or any Five or more of you, whereof you the said Lord Chancellor to be one, shall think meet and convenient, to be by us confirmed, ratified, allowed, and set forth, for the better order and rule of the said Universities, Cathedral and Collegiate Churches, Colleges, and Grammar Schools, erections, and foundations, and the Possessions and Revenues of the same, and as may best tend to the honour of Almighty God, increase of Virtue, Learning, and Unity in the said places, and the public Weal and Tranquillity of this our Realm. Moreover, our Will, Pleasure, and Commandment is, that you our said Commissioners, and every of you, shall diligently and faithfully execute this our Commission, and every part and branch thereof, in manner and form aforesaid, and according to the true meaning thereof, notwithstanding any appellation, provocation, privilege, or exemption in that behalf, to be had, made, pretended, or alleged by any person or persons resident or dwelling in any place or places exempt, or not exempt, within this our Realm; any Law, Statutes, Proclamations, or Grants, Privileges, or Ordinances, which he, or may seem contrary to the Premises notwithstanding. And for the better credit, and more manifest notice of your so doing, in the Execution of this our Commission, our pleasure and commandment is, that to your Letters missive, Processes, Decrees, Orders, and judgements, for or by you, or any Three or more of you, as is aforesaid, to be awarded, sent forth, had, made, decreed, given or pronounced, at such certain public places as shall be appointed by you, or any Three or more of you, as is aforesaid, for the due Execution of this our Commission, you, or some Three or more of you as is aforesaid, whereof you the said Lord Chancellor to be one, shall cause to be put and fixed a Seal, Engraven with a Rose and Crown, and the Letter J. and figure 2 before, and the Letter R. after the same, with a ring or circumference about the same Seal, containing as followeth, Sigillum Commissionariorum Regiae Majestatis ad Causas Ecclesiasticas. Finally, We will and command all and singular other our Ministers and Subjects in all and every place and places, exempt and not exempt, within our Realm of England, and Dominion of Wales, upon any knowledge or request from you, or any Three or more of you as is aforesaid, to them, or any of them, given or made, to be aiding, helping and assisting unto you, and to your commandments, in and for the due executing your Precepts, Letters, and other Processes, requisite in and for the due Executing of this our Commission, as they, and every of them tender our pleasure, and will answer the contrary at their utmost perils. In Witness, etc. The Kings LETTER. Dated Monday, june the 14th, 1686. Delivered at Fulham on Thursday, being the 17th of the same june in the Afternoon, by Mr. Atterbury the Messenger. JAMES R: RIGHT Reverend Father in God, We greet you well. Whereas We have been Informed, and are fully Satisfied, that Dr. John Sharp, Rector of the Parish Church of St. Giles in the Fields, in the County of Middlesex, and in your Diocese, notwithstanding Our late Letter to the most Reverend Fathers in God the Archbishops of Canterbury and York, and Our Directions concerning Preachers, given at Our Court at Whitehall, the 15 th' of March, 1685. in the Second Year of Our Reign; yet he, the said Dr. John Sharp, in Contempt of the said Orders, hath in some of the Sermons he hath since preached, presumed to make unbecoming Reflections, and to utter such Expressions as were not fit or proper for him; endeavouring thereby to beget in the Minds of his Hearers an Evil Opinion of Us and Our Government, by insinuating Fears and jealousies to dispose them to Discontent, and to lead them into Disobedience and Rebellion. These are therefore to require and command you immediately upon Receipt hereof, forthwith to Suspend him from further Preaching in any Parish Church or Chapel in your Diocese, until he has given Us Satisfaction, and Our further Pleasure be known herein. And for so doing this shall be your Warrant: And so We bid you heartily Farewell. Given at Our Court at Windsor, the 14th Day of June, 1686. in the Second Year of Our Reign. By His Majesty's Command. Sunderland. The Bishop of London's Answer. Sent by Dr. Sharp to the Earl of Sunderland, then at Hampton-Court, upon Friday june 18. who could have no Answer. To the Right Honourable, the Earl of Sunderland, Lord Precedent, etc. My Lord, I Always have, and shall count it my Duty to obey the King in whatever Commands He lays upon me, that I can perform with a safe Conscience: But in this, I humbly conceive, I am obliged to proceed according to Law; and therefore it is impossible for me to comply; because, tho' His Majesty commands me only to execute His Pleasure, yet in the Capacity I am, to do it, I must Act as a judge; and your Lordship knows no judge Condemns any Man before he has Knowledge of the Cause, and has Cited the Party. However, I sent to Mr. Dean, and acquainted him with His Majesty's Displeasure, whom I find so ready to give all Reasonable Satisfaction, that I have thought fit to make him the Bearer of this Answer, from him that will never be unfaithful to the King, nor otherwise than MY LORD, Your Lordship's most Humble Servant, H. London. On Sunday after Dr. Sharp carried a Petition to Windsor, which was not admitted to be read. Which is as follows. To the King's most Excellent Majesty, The Humble Petition of john Sharp, Clerk showeth, THat nothing is so afflictive to Your Petitioner, as his unhappiness to have Incurred Your Majesty's Displeasure, which he is so sensible of, that ever since Your Majesty was pleased to give notice of it, he hath forborn all Public Exercise of his Function, and still continues so to do. Your Petitioner can with great Sincerity affirm, that ever since he hath been a Preacher, he hath faithfully endeavoured to do the best Service he could in his Place and Station, as well to the late King, Your Royal Brother, as your Majesty, both by Preaching and otherwise. And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction, or any way to the Disturbance of Your Majesty's Government, that he hath upon all occasions in his Sermons, to the utmost of his Power, set himself against all sorts of Doctrines and Principles that look that way: And this he is so well assured of, that he cannot but apprehend that his Sermons have been very much misrepresented to Your Majesty. But if in any Sermon of his, any Words or Expressions have unwarily slipped from him, that have been capable of such Constructions, as to give Your Majesty Cause of Offence, as he solemnly professes he had no ill Intention in those Words or Expressions, so he is very sorry for them, and resolves for the future to be so careful in the Discharge of his Duty, that Your Majesty shall have Reason to believe him to be Your most Faithful Subject. And therefore he earnestly Prayeth, that Your Majesty out of Your Royal Grace and Clemency, would be pleased to lay aside the Displeasure You have conceived against Your Humble Petitioner, and restore him to that Favour which the rest of the Clergy enjoy under Your Majesty's Gracious Government. So shall Your Petitioner ever Pray, etc. THE Proceedings, etc. UPon Tuesday Aug. 3. the Commissioners opened their Commission, and immediately sealed a Citation to Atterbury the Messenger, who upon Wednesday morning brought it to the Bishop of London at Fulham, for him to appear before the Commissioners, on Monday the 9 th'. of the same Month, and left a Copy of it. Which is as follows. The CITATION. By His Majesty's Commissioners for Ecclesiastical Causes. YOU and either of You, are hereby required to Cite and Summon the Right Reverend Father in God, Henry Lord Bishop of London, to appear Personally before Us, in the Council-Chamber at Whitehall, upon the 9th. day of this Instant, at ten of the Clock in the Morning, to Answer to such Matters, as on His Majesty's behalf shall then and there be objected against him. And of the due Execution hereof, you are to certify us at the day and time aforesaid: Given under Our Seal the third day of August. 1680. To Thomas Atterbury, and Thomas Eddows, or either of them. Monday, Aug. 9 1686. At the Council Chamber at Whitehall. The Ld. Chancellor. The Ld. Treasurer. The Ld. Precedent. The Ld. Bp. of Duresme. The Ld. Bp. of Rochester. The Ld. Ch. Iust. Herbert. The Lord Bishop of London appeared, and the Lord Chancellor spoke to him as follows. Ld. Ch. My Lord, you are not Ignorant, I suppose, of the King's Letter which was sent to the Clergy; My Lord of Canterbury has Communicated to you. You are here Charged not to have observed his Majesty's Commands in the Case of Dr. Sharp, whom you were ordered to Suspend, for going against the Orders of that Letter. B. L. My Lord, I am much surprised at what your Lordship tells me, and hope I have not disobeyed the King's Commands. Your Lordship cannot believe I did this without Advice, and if my Counsel have misled me, I hope my own Ignorance of the Law will plead so far in my Favour, as to render my Fault (if any) very Excusable. L. Ch. My Lord, you know Ignorantia juris non Excusat. B. L. But if I have not offended willingly, it may palliate at least. L. Ch. My Lord, we are not here to discourse, but to Examine why you did not obey. B. L. I humbly beg a Copy of the Commission, and a Copy of my Charge. L. Ch. Does your Lordship think my Lords are not very well satisfied upon what account they sit, and that they have power to judge your Lordship? A Copy is a thing never done; should we grant you a Copy, all that come before us would have the like, for we must do equal Justice to all. Besides, it is to be had at every Coffeehouse. B. L. My Lord, this is a New Commission, I cannot tell how to inform myself whether any thing that relates particularly to my Case, may not be found there. It is a Matter of high Concern. Besides, I am here under such Circumstances, as aught to make me very Cautious. I am a Peer, I am a Bishop: I hope your Lordships will take all into Consideration, and at least give me leave to read the Commission. L. Ch. You need not doubt but your Quality, Station, and Family will be considered by their Lordships; but if you insist upon seeing the Commission, you must withdraw. After a small respite of withdrawing, the Bishop and the Commissioners were called in again. L. Ch. Their Lordships have considered of what your Lordship desired, and are of Opinion, that you shall neither have a Copy of, nor see the Commission; neither will they give a Copy of the Charge. The Commission is upon Record. B. L. My Lord, I must submit; but it will be hard to carry my Charge in my head: I may mistake. L. Ch. It is a short Question, you may easily remember it: Why did you not obey the King's Commands? B. L. It is a short Question; but may require a long Answer. I must beg time to advise with Counsel, and to have them plead. L. Ch. God forbid else. But what time does your Lordship desire? B. L. Your Lordship knows better than I, that it is the deadest time of the year, every body is out of Town with their Tenants in the Country, about their private Affairs. L. Ch. My Lord, the Town is never so empty, but there will be Counsel enough, unless you can be satisfied with none but those that are abroad. But what time would you have? B. L. Considering the time, and that there is not one Civilian in the Commons, I hope you will give me till towards the Term. L. Ch. My Lord, 'twill never be; you cannot expect so long a delay. B. L. I know not whether there be any Appeal from this Court. If therefore I am to stand or fall at this Blow, your Lordship's will in Justice allow me the longer time to be fully prepared. L. Ch. Does you● Lordship expect that this Court will tell you whether there lies an Appeal from it or no? B. L. I did not ask the Question, only supposed it. L. Ch. What Answer at present occurs to encounter your Reasons for longer time, is, that the King's Affairs will not suffer long time. But since you propose no less time, I will propose: what think you of a Week? B. L. I can do nothing in a Weeks time. L. Ch. Not to trouble your Lordship, and the Company, to withdraw again, I will ask my Lords whether it be not a sufficient time? He asked them one by one, and they all agreed in the Affirmative. B. L. I must submit; but I hope your Lordships will not be surprised, if I am forced to desire longer time when I wait upon you again? L. Ch. Their Lordships will not Capitulate. B. L. My Lord, I only leave it with you, and hope there will be some Consideration of my Family's, and my own sufferings, and constant Loyalty, that it would not be an easy matter for me to be thought to question the King's Commands, where I can obey them. Their Lordships adjourned till Monday, Aug. 16. 1686. Aug. 16. 1686. The Bishop of L. appeared. L. Ch. My Lord, are you ready to give an Answer to the Question? B. L. My Lord, I do assure you I have employed my time as well as possibly I could; but find that, for the Reasons I formerly mentioned, it was too short for me to prepare myself. L. Ch. Has your Lordship nothing else to offer? B. L. I do humbly offer this as my Request, that your Lordships would give me longer time: For I writ to several Considerable Counsel out of Town, none of which are come up; and those few that are here, the thing is so new to them, that they could not thoroughly consider matters in so short a time. L. Ch. What time would you have? B. L. I will not be unreasonable: a ●or●night. L. Ch. Be pleased to withdraw. After this, the Bishop was called in again. L. Ch. My Lord, we have considered of your Request, and their Lordships are resolved to give no time for pleading to their Jurisdiction: They are well apprized by what Authority they sit here. If your Lordship has been told that any Court will admit of a Plea to their Jurisdiction, they have deceived you; therefore if that be your meaning, they will allow no time. B. L. That is not all; I am not fully instructed for an Answer to the Question: I know not yet in what manner to Answer. L. Ch. We do not insist upon Forms and Manners, if your Lordship want nothing that is material. B. L. I am sorry I did not so clearly express myself: I want time to prepare for a material Answer. L. Ch. My Lord, I come hither on purpose for this business, and every body knows at this time where my Health obliges me to be. B. L. I protest I have no design to trifle with you, for I am really not ready, and must therefore beg more time, if it may be allowed. L. Ch. Well, my Lords are willing to grant you a Fortnight, you will therefore be pleased to be here on Tuesday come fortnight, at Eleven in the Morning. Here it must be observed, that the Bishop did in this time send his Proctor to their Register for a Copy of what Orders and other Minutes they had set down concerning his business, but it was refused, tho' his Counsel told him, it never was denied in any Court. Tuesday Aug. 31. 1686. L. Ch. My Lord, are you ready to give an Answer to the Question? B. L. My Lords, I have taken the best care I could in so short a time, to be ready with an Answer to your Lordship's Question; tho' I must confess it was a very great surprise to me, to find my 〈◊〉 attacked with so quick and sudden a return by a Citation, in a matter concerning that Letter which the whole World can bear me witness, I have been this whole Summer endeavouring with all the Power and Skill I had, to enforce to the strict observation of my Clergy. But before I can offer an Answer to the Question, I beg your Lordship's leave to offer my Plea to your Jurisdiction, for I am told it is a Right every one has to make use of, when he finds it for his Advantage. I would not hazard being so impertinent, as to offer any thing upon my own Head; your Lordships gave me time to advise with Counsel, and they that are learned in the Laws of the Land, advise me to plead to your Jurisdiction, and will be ready to argue it. L. Ch. My Lord, I told you before, my Lords would hear nothing to their Jurisdiction; and therefore if you have any thing to say to the Question, be pleased to let us know it. B. L. My Lords, I shall offer nothing that is undutiful to the King, or disrespectful to your Lordships, and I beseech you to correct and pardon me, if unwittingly any thing should fall from me that is liable to Censure. I am far from disowning any part of the King's Supremacy, I acknowledge it, and am so bound to do in its just Extent over all Persons, and in all Causes; what I have to offer in Plea to your Jurisdiction is, That I conceive this Commission you act by is not good, as being contrary to an Act of Parliament, upon which Point I beg my Counsel may argue. L. Ch. Your Lordship knows my Lords minds in this matter. B. L. If then your Lordships overrule me, I must beg leave to protest to my Right in this or any other Plea that may be for my advantage. The Bishop of London's Plea which he would have given in, if the Lords Commissioners would have suffered it to be argued. I Henry Bishop of London do declare and acknowledge, that the King's Majesty is the only Supreme Head and Governor of this Realm, and all other his Majesty's Dominions and Countries, as well in all Spiritual or Ecclesiastical Causes as Temporal. Nevertheless, I the said Bishop by Protestation not acknowledging any just or legal Authority in your Lordships (otherwise than as by Law I am bound) to question or censure me in any matter or thing Ecclesiastical whatsoever, Do offer and show to your Lordships, That at the Parliament of King Charles I. of blessed Memory, late King of England, holden on the 3. day of November, in the sixteenth Year of his Reign, a certain Act and Statute was made, Entitled, [A Repeal of the branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical] setting forth, That in the Parliament holden in the First Year of the Reign of Queen Elizabeth, there was an Act made and established, Entitled, [An Act restoring to the Crown the ancient jurisdiction over the State Ecclesiastical and Spiritual.] And abolishing all Foreign Power repugnant to the same. In which Act, among other things, there is contained one Clause, Branch, Article, or Sentence, whereby it was Enacted to this effect, namely, That the said late Queen's Highness, her Heirs and Successors, Kings or Queens of this Realm, should have full Power and Authority, by virtue of that Act, by Letters Patents under the Great Seal of England, to assign, name, and authorise, when, and as often as her Highness, her Heirs or Successors should think meet and convenient, and for such and so long time as should please her Highness, her Heirs or Successors, such person or persons, being natural born Subjects to her Highness, her Heirs or Successors, as her Majesty, her Heirs or Successors should think meet, to exercise, use, occupy, and execute under her Highness, her Heirs and Successors, all manner of jurisdictions, Privileges, and Preeminences in any wise touching or concerning any Spiritual or Ecclesiastical jurisdiction within these her Realms of England and Ireland, or any other her Highness' Dominions and Countries, and to visit, reform, redress, order, correct, and amend all such Errors, Heresies, Schisms, Abuses, Offences, Contempts, and Enormities whatsoever, which by any manner of Spiritual or Ecclesiastical Power, Authority, or jurisdiction, can or may lawfully be reform, ordered, redressed, corrected, restrained, or amended to the pleasure of Almighty God, the increase of virtue, and the conservation of the Peace and Unity of this Realm. And that such person or persons so to be named, assigned, and appointed by her Highness, her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid, should have full Power and Authority by virtue of that Act and of the said Letters Patents under her Highness, her Heirs or Successors, to exercise, use, and execute all the Premises according to the Tenor and Effect of ●he said Letters Patents, any matter or cause to the contrary in any wise notwithstanding. And setting forth likewise, that, by the colour of some words in the foresaid branch of the said Act, whereby Commissioners are authorised to execute their Commission, according to the Tenor and effect of the King's Letters Patents, and by Letters Patents grounded thereupon; the said Commissioners have, to the great and unsufferable wrong and oppression of the King's Subjects, used to Fine and Imprison them, and to exercise other Authority not belonging to Ecclesiastical jurisdiction, restored by that Act; and divers other great mischiefs and inconveniencies have also ensued to the King's Subjects by occasion of the said branch; and Commissions issued thereupon, and the Executions thereof; and therefore for the repressing and preventing of the aforesaid abuses, mischiefs, and inconveniencies in time to come, It was by the said Act made at the said Parliament, of the said King Charles the First, Enacted, that the aforesaid Branch, Clause, Article, or Sentence contained in the said Act of Primo Elizabethae, and every Word, Matter, and Thing contained in that Branch, Clause, Article, or Sentence, should from thenceforward be repealed, annulled, revoaked, annihilated, and utterly made void for ever; any thing in the said Act to the contrary in any wise notwithstanding. And it was thereby also Enacted by the Authority aforesaid, that no Arch Bishop, Bishop, nor Vicar-General, nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer, or Minister of justice, nor any other Person or Persons whatsoever, Executing Spiritual or Ecclesiastical Power, Authority, or jurisdiction, by any Grant, Licence, or Commission of the King's Majesty, his Heirs or Successors, or by any Power or Authority derived from the King, his Heirs or Successors, or otherwise, should from and after the first day of August, in the year of our Lord 1641, award, impose, or inflict any Pain, Penalty, Fine, Amerciament, or Imprisonment, or other Corporal Punishment upon any of the King's Subjects, for any Contempt, Misdemeanour, Crime, Offence, Matter or Thing whatsoever, belonging to Spiritual or Ecclesiastical Cognisance or jurisdiction, or shall ex Officio, or at the instance or promotion of any other Person whatsoever, urge, enforce, tender, give, or minister unto any Churchwarden, Sides-Man, or other Person whatsoever, any Corporal Oath, whereby he or she shall or may be charged or obliged to make any presentment of any Crime or Offence, or to confess, or accuse himself or herself of any Crime, Offence, Delinquency, or Misdemeanour, or any other neglect, matter, or thing, whereby, or by reason whereof he or she shall or may be liable or exposed to any Censure or Punishment whatsoever; upon pain and Penalty that every Person that shall offend contrary to this Statute, shall forfeit and pay treble damages to every Person thereby-grieved, and the sum of 1001. to him or them who shall first demand and sue for the same; which said treble damages, and sum of a 1001. shall and may be demanded and received, and urged by action of Debt, Bill, or Plaint in any Court of Record, wherein no Privilege, Essoyn, Protection, or Wager of Law shall be admitted or allowed to the Defendant. And it was thereby further Enacted, That every Person who should once be convicted of any Act or Offence prohibited by that Statute, should for such Act or Offence be from and after such Conviction, utterly disabled to be or continue in any Office or Employment in any Court of justice whatsoever, or to exercise or execute any Power, Authority, or jurisdiction by force of any Commission, or Letters-Patents of the King, his Heirs or Successors. And it was thereby also Enacted, That from and after the first day of August, no new Court should be erected, ordained, or appointed, within this Realm of England, or Dominion of Wales, which should or might have the like Power, jurisdiction, or Authority as the said High Commission-Court than had, or pretended to have; but that all and every such Letters-Patents, Commissions and Grants made or to be made by his Majesty, his Heirs or Successors, and all Powers and Authorities granted thereby; and all Acts, Sentences, and Decrees, to be made by virtue or colour thereof, should be utterly void and of none effect; which said Act of Parliament, made at the said Parliament of the said King Charles the First, I the said Bishop of London do Plead, and Object to and against your Lordship's jurisdiction, and pray your Lordship's judgement, whether your Lordships will think it fit, or aught to proceed any further herein against me the said Bishop of London. B. L. I have another thing to beg your Lordship's Advice and Judgement in. I have Right as a Bishop, by the most Authentic and Universal Ecclesiastical Laws, to be Tried first before my Metropolitan, Precedent to any other Court whatsoever. L. Ch. This is still to the Jurisdiction. B. L. It is so, I confess; but yet so as to have a more particular relation to my Case. L. Ch. Their Lordships are fully satisfied of their Authority in this Point. Besides your Lordship knows, there have been Precedents for this. B. L. I only challenge the right of Law, and shall plead to it by Counsel if you please. L. Ch. My Lord, if you have any thing to say to the question, you may be pleased to give your Answer. B. L. If I am overruled in this, I must beg your Lordship's Patience in one Plea more; your Lordships in this Commission, after the general words, are directed to proceed according to the Tenor of the Letters Patents, which say, that you shall first Proceed against all Persons offending, for matters done or to be done, by Censures and other lawful ways; in the next place, you are to inquire of, and search out, and call before you, all Ecclesiastical Persons of what Degree or Dignity soever, as shall offend, and them and every of them to punish, etc. by Suspending, etc. Now I conceive, in the Capacity I am, you are only warranted to Try me for Offences after the Date of the Commission. L. Ch. There are general Words which give Authority sufficient to look back. B. L. But, My Lord, in matters of severity, the most favourable interpretation is to be given; and I know your Lordships will rather forego the extending the Jurisdiction to such. L. Ch. Is this all your Lordship hath to offer? B. L. If I may not Plead to any of these Points, I desire to put in my Answer. L. Ch. Your Lordship be pleased to withdraw. B. L. I desire to leave my Answer. L. Ch. Be pleased to lay it down here, and withdraw. Here the Answer was given in. After a little while the Bishop was called in again. L. Ch. My Lord, their Lordships have considered of your several Pleas, and are fully satisfied of their Jurisdiction and their Authority to Judge your Lordship; and therefore they desire to know, what you have to say in Answer to the Question? B. L. I desire my Answer in Writing may be first Read. L. Ch. Read it. Mr. Bridgman Read the Answer; which was this. TO the Question that was proposed to me by your Lordships, viz. Why did you not obey the King's Command, in his Letter concerning the Suspending Doctor Sharp? ay, Henry Bishop of London, do answer, that immediately upon receipt of his Majesty's Letter from my Lord Precedent, the Tenor whereof follows. viz. [RIGHT Reverend Father in God, We greet you well. Whereas We have been Informed, and are fully Satisfied; that Dr. John Sharp, Rector of the Parish Church of St. Giles in the Fields, in the County of Middlesex, and in your Diocese, notwithstanding Our late Letter to the most Reverend Fathers in God the Archbishops of Canterbury and York, and Our Directions concerning Preachers, given at Our Court at Whitehall, the 15th of March, 1685. in the Second Year of Our Reign; yet he, the said Dr. John Sharp, in Contempt of the said Orders, hath in some of the Sermons he hath since preached, presumed to make unbecoming Reflections, and to utter such Expressions as were not fit or proper for him; endeavouring thereby to beget in the Minds of his Hearers an Evil Opinion of Us and Our Government by insinuating Fears and jealousies to dispose them to Discontent, and to lead them into Disobedience and Rebellion. These are therefore to require and command you immediately upon Receipt hereof, forthwith to Suspend him from further Preaching in any Parish Church or Chapel in your Diocese, until he has given Us Satisfaction, and Our further Pleasure be known herein. And for so doing this shall be your Warrant: And so We bid you heartily Farewell. Given at Our Court at Windsor, the 14 th' Day of June, 1686. in the Second Year of Our Reign.] I took the best Advice I could get, concerning of Doctor Sharp, and was Informed, that the Letter being directed to me, as Bishop of London, to Suspend a Person under my jurisdiction, I was therein to act as a judge, it being a judicial Act; and that no Person could by Law be Punished by Suspension, before he was called, or without being admitted to make his Defence. I thought it therefore my Duty, forthwith humbly to represent so much to my Lord Precedent, that so I might receive his Majesties further Pleasure in that Matter: Nevertheless, that I might obey his Majesty's Commands as far as by Law I could, I did then send for Doctor Sharp, and acquainted him with his Majesty's Displeasure, and the occasion of it, by showing him his Majesty's Letter: But he having never been called to answer any such Matter, or make his Defence, and protesting his Innocence, and likewise declaring himself most ready to give his Majesty full Satisfaction therein, in order thereto I advised him to forbear Preaching, till he had applied himself to his Majesty, and at his request, I made him the Bearer of my Letter to my Lord Precedent, waiting for his Majesty's further Orders to proceed against him judicially, in case he should not at that time give his Majesty the Satisfaction required: And the said Doctor Sharp hath not since Preached within my Diocese. Henry London. L. Ch. Has your Lordship any more to say? B. L. My Lords, what I shall say myself will be very short, only a little farther to explain my meaning in this Answer. The words of his Majesty's Letter are liable to two Constructions. The first is a Legal and strict Sense of the word [Suspend] I must have Suspended Doctor Sharp, ab officio, because Preaching alone does not come under that Censure. In this Sense it was that I understood the King's Letter, and was Advised by my Counsel that it was a Judicial Act, and by Consequence could not be complied with, unless I had first Cited the Party, and heard the Cause; and in this I should have committed a fault. It is most excusable upon these two accounts: By all the Practice and Rules of Ecclesiastical Laws, the charge of Malice or Wilfulness is taken off from the Party, in case he has this to say for himself, that what he did, was juris Peritorum Consilio quibus cum in hac parte Communicavimus. Now I consulted with the most proper Person Sir Tho. Exton my Chancellor, with whose Advice I wrote my Answer. But in the next place, it is the constant Rule in all the Books, that in case the Prince write to a Judge and this Judge thinks he cannot lawfully obey the Command, he is to rescribere & reclamare, and in so doing, tantum ab-est ut Principi deserviat quod is maxim serviat. And the Rule goes further, that in case the Prince be not satisfied with the Answer, the Judge is not to apprehend a charge of Contempt for his refusal, but has a right to except jussio Secunda by the Prince's Rescript, because in common Equity, no man in such a case is to be Judged obstinate before a second refusal. I had no Rescript, but am-taken up at the first rebound. The other sense this word [Suspend] might be taken in, was at large for [Silensing.] In this I confess I did not apprehend it, because my Counsel turned my thoughts another way. But to show that I was resolved to pay all the Duty I could to the King's Letter, which I am advised by my Counsel, was as strong Admonition as could be given, considering the Purport of the Letter; and besides, I advised him not to preach, till he had endeavoured to know His Majesties further pleasure; which advice from a Judge, the Learned in the Laws tell me, is tantamount to an Admonition, and that if he had not submitted to it, I could have censured him for his disobedience; so that if this last was his Majesty's meaning, I have in effect obeyed the Letter, which is all I shall say at present, and beg my Counsel may be heard to clear the matter in point of Law. L. Ch. Withdraw. After a short space the Bishop was called in again. L. Ch. Call in my Lord of London's Counsel. (which was Dr. Oldish, Dr. Hedges, Dr. Brice, and Dr. Newton.) Dr. Oldish. My Lords, the Question before your Lordships is, whether the Bishop of London has been disobedient to his Majesty's Command? Concerning which, it must be considered, 1st. What was Commanded. 2. What he has done in Obedience to it. 3. What Judgement ought to have been given by him. It is apparent by the Letter, that the King did not take Cognizance of the Cause; for the Words are, being informed that Dr. Sharp, etc. So that it could not be an absolute Suspension; for that supposes a Proof of the Crime charged upon him. Then let us consider the Words themselves, That you suspend him from preaching. Now, my Lords, we have not such a thing in our Law; so that the meaning must be only silencing of him. Where there is an Absolute Suspension, there ought to have been a Citation, Form of Proceedings, Judgement, and Decree. To Act otherwise, is contrary to the Law of God, of Nature, and of all Nations, in all Ages, and was never known in the World. L. Ch. Doctor, I am loath to interrupt you, but I must tell you, this is an unnecessary Harangue; We know that it was not an absolute Suspension. But the Question is, whether the Bishop could Suspend him from preaching. Dr. Oldish. Then, my Lord, I have gained that Point. If it were only a silencing of him, the Question is whether the Bishop did not Execute the King's Commands? I think he did it, and in such a Method as is observed in our Courts. When any Eminent Person is accused, the Judge sends to him by a Letter, and if he appears, and Complies with the Judge's Order, the Law is satisfied. judicium Redditur in invitos non in Volentes. The Bishop did send for Dr. Sharp, showed him the King's Letter, advised him not to preach till his Majesty had received satisfaction, in which he promised to observe his Lordship's Command, and has not preached to this day, so that his Majesty's Command was in effect fulfilled. My Lords, there are the like Proceedings in the Common-Law; For if an Attorney takes a Man's word for his appearance, and he doth appear, 'tis the same thing as if he had been arrested, and there he has no Action against the Attorney. L. Ch. Cujus contrarium est Lex. There lies an Action of escape against the Attorney. Dr. Hedges. My Lords, the matter of Fact has been stated. And the Question is, whether the Bishop hath been disobedient to the King's Command? It appears that he has not, because upon Receipt of His Majesty's Letter, he required the Doctor not to preach, and he hath obeyed him. That which the King Commanded, viz. To Suspend him, the Bishop could not do, the Act of Suspension is a Judicial Act; the King writes to him as a Bishop, to Suspend as a Bishop and a Judge, which could not be done before a hearing of the Cause. If a Prince sends to a Person that is not a Judge, but only a Ministerial Officer, that Officer is to execute his Commands; But when the King Commands a Judge, he Commands him to Act as a Judge. This is no light matter which the Dr. is accused of, 'tis for preaching Sedition and Rebellion, which requires severe Censure: And if the Bishop as a Judge had Suspended him, he had began at the wrong end, for this had been Judgement before Process: In this case there ought to have been a Citation. Our Books give many instances, which would be too tedious to your Lordships. I will give this one. The Emperor proceeding against the King of Sicily, upon Information that he had received; and giving him no Citation; the King appealed to the Pope, who declared the proceedings to be void, and that it was against the Law of Nature, which is above all Positive Laws, to pass Sentence before Citation. This is the method of procceeding in all Courts, and I humbly conceive it is, and will be the method of this Court; for otherwise the Bishop needed not to have been Cited before you. The Bishop has done what was his Duty; He was bound to return his Reasons to the King why he could not do that which was commanded, and to expect his farther Pleasure; which was done. I affirm, if a Prince or a Pope Commands that which is not lawful, it is the Duty of a Judge rescribere, which is all he can do. Dr. Brise. The Question is ut Supra, a Citation is jure Gentium, and can never be taken away by any positive Command or Law whatsoever. The Bishop has obeyed the King so far, in that he did Rescribere, etc. expecting his Majesty's further Pleasure. If the Bishop could have Suspended him, it must have been in foro; but in regard 'twas only Silencing him which was required, it might be done in a private Chamber. The Advice of the Bishop, is in some Sense an Admonition, which is a Judicial Act, and this was given by the Bishop, and obeyed by the Doctor. Dr. Newton. My Lords, the Question is ut Supra, The Bishop has not been disobedient, as in Nature no Man can be required to do that which is impossible, so no Man can be obliged to do an unlawful Act, id non fit, quod non Legitime fit: This Rule obliges all Men in the World, in all Places, and at all Times. The Charge against the Doctor is of a very high Nature, and he desired to be heard before he was Condemned. My Lords, the Bishops are Custodes Canonum, and therefore must not break them themselves. I affirm, that the Bishop was foe far from being disobedient, that he was obedient to the King. For when he did Rescribere, and heard not the further Pleasure of the King returned: He ought to conclude, that the King was satisfied with what he had written, according to his Duty, and that the King had altered his Commands. A Citation as your Lordships have heard, is according to all Laws in all Places: In all Judicial Acts, there is something to be done according to Law, and somewhat according to the Discretion of the Judge. And for that Reason as well as others, the Offender ought to be Cited to appear before him. That which was in the Bishop's Power to do, that he has done, and it was in effect what the King commanded to be done. L. Ch. Has your Lordship any more to say? B. L. I have but little more to say. I suppose my Counsel have satisfied your Lordships, that in the severest Construction, Malice or wilful Disobedience could not be imputed to me. But as my Lord Chancellor has now explained it to Doctor Oldish, that the King's meaning was only to [Silence] they have made plain to your Lordships, that I have effectually obeyed his Majesty's Commands; and if in any Circumstance I have been wanting, I am ready to make reparation by performing that likewise, and to beg his Majesty's Pardon. L. Ch. Withdraw. After an hour and better stay, the Bishop was called in again, and appointed to attend their Lordships on Monday following, in the Morning, being the 6th. of September. B. L. My Lord, before I go, I would beg the Minutes may be read, for fear of any mistake. L. Ch. Their Lordships will do you no injury, nor take advantage. B. L. It is not out of distrust of your Lordships; but since you proceed in a summary way, and ex tempore, there may happen some slip of a Pen, that may more easily be corrected now than afterwards. L. Ch. My Lord, I know no Minutes they keep. Monday Sept. 6. 1686. After waiting near two hours, Mr. Bridgman was at last sent out, who in less than half an hour brought the Sentence under Seal. Then the Bishop was called in. L. Ch. Their Lordships have considered of what your Lordship said last day, and what your Counsel urged, and have proceeded to Sentence. B. L. Will you give me leave to say something? L. Ch. No, my Lord; you must first hear the Sentence read. Then Mr. Bridgman, their Lordship's Register, was ordered to read the Sentence to the Bishop, as followeth. The SUSPENSION. By his Majesty's Commissioners for Ecclesiastical Causes. WHereas Henry Lord Bishop of London hath been Convened before us, for his Disobedience and other his Contempts mentioned in the Proceedings of this Cause, And the said Lord Bishop of London being fully heard hereupon, We have thought fit, after mature Consideration of the Matter, to proceed to this our definitive Sentence, Declaring, Decreeing, and Pronouncing, that the said Lord Bishop shall for the said Disobedience and Contempts be suspended during his Majesty's pleasure. And accordingly we do by these Presents Suspend him, the said Henry Lord Bishop of London, peremptorily admonishing and requiring him hereby to obtain from the Function and Execution of his Episcopal Office, and from all Episcopal and other Ecclesiastical jurisdiction, during the said Suspension, under pain of deprivation, and removal from his Bishopric. Given under our Seal the 6th. of September. 1686. This is a True Copy. William Bridgman, Register. L. Ch. Withdraw, Gentlemen. B. L. Have your Lordships any further service to command me? L. Ch. No. The Bishop would have spoken before the Sentence was read, to have recapitulated the heads of his Case, and to have offered full proof of his compliance in silensing Dr. Sharp; and to have desired, since their Lordships had hitherto been his Accusers and Judges, they would at last, according to the usual Custom, have been his Counsel, and ordered their Advocate to lay down the nature of the Crime, the Law it offended, and the Law it was to be punished by, that he might have given in his Exceptions. But no speaking was allowed till the Sentence was read, and it had been a folly to speak afterwards. FINIS.