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 c. To the Most Reverend Father in God Our Right Trusty and Right Well-beloved Councellor William Lord Arch-Bishop of Canterbury Primate of all England and Metropolitan And to Our Right Trusty and Right Well = beloved Councellor George Lord Jefferyes Lord Chancellor of England And to our Right Trusty and Right Well = beloved Cousin and Councellor Lawrence Earl of Rochester Lord High Treasurer of England And to Our Right Trusty and Right Well = beloved Cousin and Councellor Robert Earl of Sunderland President of Our Council and Our Principal Secretary of State. And to the Right Reverend Father in God Our Right Trusty and Well = beloved Councellor 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 Councellor Sir Edward Herbert kt Lord Chief Iustice 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 meer Motion and certain knowledge by force and virtue of our Supream Authority and Prerogative Royal do Assign Name and Authorize by these Our Letters-Patent under the Great Seal of England You the said Lord Arch = Bishop of Canterbury Lord Chancellour of England Lord High Treasurer of England Lord President of Our Council Lord Bishop of Duresme Lord Bishop of Rochester and Our Chief Iustice aforesaid or any Three or more of you whereof You the said Lord Chancellour 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 priviledges preheminencies in any = wise touching or concerning any Spiritual or Ecclesiastical Iurisdictions 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 reformed 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 Chancellour to be one thus by us named assigned authorised and appointed by force of our supream 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 enquire 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 enquire 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 Chancellour to be one by virtue hereof and in like manner and form as is aforesaid to enquire 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 Chancellour 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 Chancellour 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 Chancellour 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 suspition 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 Chancellour to be one and them and every of them to examine upon their corporal oaths for the better tryal 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 Chancellour 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 Chancellour 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
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 over-rule 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 Kings Majesty is the only Supream Head and Governour of this Realm and all other his Majesties 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 shew 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 Entituled 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 Entituled An Act restoring to the Crown the ancient Iurisdiction 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 Queens 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 authorize 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 Iurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesses Dominions and Countries and to visit reform redress order correct and amend all such Errours Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity 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 â—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 authoriz'd to execute their Commission according to the Tenor and effect of the Kings 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 Iurisdiction restor'd 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 contain'd in the said Act of Primo Elizabethae and every Word Matter and Thing contain'd in that Branch Clause Article or Sentence should from thenceforward be repeal'd annul'd revoak'd 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 Iudge Officer or Minister of Iustice nor any other Person or Persons whatsoever Executing Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the King's Majesty his Heirs or Successours or by any Power or Authority derived from the King his Heirs or Successours 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 Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognisance or Iurisdiction or shall ex Officio or at the instance or promotion of any other Person whatsoever urge enforce tender give or minister unto any Church-Warden Sides-Man or other Person whatsoever any Corporal Oath whereby he or she shall or may be charg'd or oblig'd to make any presentment of any Crime or Offence or to confess or accuse himself or her self of any Crime Offence Delinquency or Misdemeanor or any other neglect matter or thing whereby or by reason whereof he or she shall or may be liable or expos'd 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 receiv'd and urg'd by action of Debt Bill or Plaint in any Court of Record wherein no Priviledge Essoyn Protection or Wager of Law shall be admitted or allow'd to the Defendant And it was thereby further Enacted That every
will be very short only a little farther to explain my meaning in this Answer The words of his Majesties Letter are liable to two Constructions The first is a Legal and strict Sence of the word Suspend I must have Suspended Doctor Sharp ab officio because Preaching alone does not come under that Censure In this Sence it was that I understood the King's Letter and was Advis'd by my Counsel that it was a Judicial Act and by Consequence could not be comply'd 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 Iuris Peritorum Consilio quibus cum in hac parte Communicavimus Now I consulted with the most proper Person Sir Tho. Exton my Chancellour 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 maxime 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 Iussio Secunda by the Prince's Rescript because in common Equity no man in such a case is to be Judg'd 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 turn'd my thoughts another way But to shew that I was resolved to pay all the Duty I could to the King's Letter which I am advis'd by my Counsel was as strong Admonition as could be given considering the Purport of the Letter and besides I advis'd 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 censur'd 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 call'd 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 1 st What was Commanded 2. What he has done in Obedience to it 3. What Judgment 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 c. 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 Judgment 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 loth 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 gain'd 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 accus'd the Judge sends to him by a Letter and if he appears and Complies with the Judges Order the Law is satisfied Iudicium Redditur in invitos non in Volentes The Bishop did send for Dr. Sharp shew'd him the King's Letter advis'd him not to preach till his Majesty had received satisfaction in which he promis'd to observe his Lordships Command and has not preach'd to this day so that his Majesty's Command was in effect fulfill'd 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 't is 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 accus'd of 't is 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 Judgment 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 Emperour proceeding against the King of Sicily upon Information that he had receiv'd and giving him no Citation the King appeal'd to the Pope who declar'd 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 procceedings 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
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 Chancellour 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 expences of the Suit as well to and against the party as shall preferr 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 Iustice 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 Registring 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 Chancellour 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 Chancellour 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 Colledges 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 Chancellour 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 Colledges 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 Chancellour to be one willing commanding and authorizing of you or any Five or more of you as aforesaid whereof you the said Lord Chancellour 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 Chancellour 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 Colledges 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 publick Weal and Tranquility 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 priviledge or exemption in that behalf to be had made pretended or alledged 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 Priviledges 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 Iudgments 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 publick 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 Chancellour to be one shall cause to be put and fixed a Seal Ingraven 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 c. The KINGS's LETTER Dated Monday Iune the 14th 1686. Delivered at Fulham on Thursday being the 17th of the same Iune in the Afternoon by Mr. Atterbury the Messenger JAMES R RIGHT Reverend Father in God We greet you well Whereas We have been Inform'd and are fully Satisfi'd that Dr. John Sharp Rector of the Parish Church of St. Giles in the Fields in the County of Middlesex and in your Diocess notwithstanding Our late Letter to the most Reverend Fathers in God