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
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
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
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 doe Dr. Brise The Question is ut Supra a Citation is Iure Gentium and can never be taken away by any positive Command or Law whatsoever The Bishop has obey'd the King so far in that he did Rescribere c. expecting his Majesties further Pleasure If the Bishop could have Suspended him it must have been in foro but in regard 't was only Silencing him which was requir'd it might be done in a private Chamber The Advice of the Bishop is in some Sence 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 oblig'd 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 desir'd to be heard before he was Condemn'd My Lords the Bishops are Custodes Canonum and therefore must not break them themselves I affirm that the Bishop was fo 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 alter'd 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 explain'd 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 Majesties Commands and if in any Circumstance I have been wanting I am ready to make reparation by performing that likewise and to beg his Majesties 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 Counsell 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 Lordships 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 Conven'd before us for his Disobedience and other his Contempts mention'd 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 Iurisdiction during the said Suspension under pain of deprivation and removal from his Bishoprick 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