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
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
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 presum'd 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 Vs and Our Government by insinuating Fears and Iealousies 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 Chappel in your Diocess until he has given Vs 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 Majesties Command Sunderland The Bishop of London's Answer Sent by Dr. Sharp to the Earl of Sunderland then at Hampton-Court upon Fryday Iune 18. who could have no Answer To the Right Honourable the Earl of Sunderland Lord President c. 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 oblig'd 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 Iudge and your Lordship knows no Iudge 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 Majesties 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 Lordships 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 Iohn Sharp Clerk Sheweth THat nothing is so afflictive to Your Petitioner as his Vnhappiness to have Incurred Your Majesties Displeasure which he is so sensible of that ever since Your Majesty was pleased to give notice of it he hath forborn all Publick 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 endeavour'd 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 Majesties 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 slipt 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 pleas'd to lay aside the Displeasure You have conceiv'd against Your Humble Petitioner and restore him to that Favour which the rest of the Clergy enjoy under Your Majesties Gracious Government So shall Your Petitioner ever Pray c. THE Proceedings c. UPon Tuesday Aug. 3. the Commissioners opened their Commission and immediately seal'd 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 Munday the 9 th of the same Month and left a Copy of it Which is as follows The CITATION By His Majesties Commissioners for Ecclesiastical Causes YOV 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 Vs 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 Majesties behalf shall then and there be objected against him And of the due Execution hereof you are to certifie 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 Munday Aug. 9. 1686. At the Council Chamber at Whitehall The Ld. Chancellour The Ld. Treasurer The Ld. President The Ld. Bp. of Duresme The Ld. Bp. of Rochester The Ld. Ch. Iust. Herbert The Lord Bishop of London appeared and the Lord Chancellour 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 observ'd 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 surpriz'd 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 mis-led 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 Iuris 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 satisfi'd 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 Coffee-House B. L. My Lord this is a New Commission I cannot tell how to inform my self whether any thing that relates
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