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 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
particularly to my Case may not be found there It is a Matter of high Concern Besides I am here under such Circumstances as ought 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 call'd in again L. Ch. Their Lordships have consider'd of what your Lordship desir'd 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 't will 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 Lordships will in Justice allow me the longer time to be fully prepar'd L. Ch. Does youâ— Lordship expect that this Court will tell you whether there lyes an Appeal from it or no B. L. I did not ask the Question only suppos'd 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 surpriz'd if I am forc'd 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 easie matter for me to be thought to question the King's Commands where I can obey them Their Lordships adjourn'd till Munday Aug. 16. 1686. Aug. 16. 1686. The Bishop of L. appear'd L. Ch. My Lord are you ready to give an Answer to the Question B. L. My Lord I do assure you I have employ'd my time as well as possibly I could but find that for the Reasons I formerly mention'd it was too short for me to prepare my self 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 â—orâ—night L. Ch. Be pleased to withdraw After this the Bishop was call'd in again L. Ch. My Lord we have consider'd of your Request and their Lordships are resolv'd to give no time for pleading to their Jurisdiction They are well appriz'd 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 my self 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 allow'd L. Ch. Well my Lords are willing to grant you a Fornight you will therefore be pleas'd to be here on Tuesday come fortnight at Eleven in the Morning Here it must be observ'd 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 refus'd tho' his Counsel told him it never was deny'd 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 Lordships Question tho' I must confess it was a very great surprize to me to find my 〈◊〉 attacqu'd 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 Lordships 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 pleas'd 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 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
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 Iustice whatsoever or to exercise or execute any Power Authority or Iurisdiction by force of any Commission or Letters-Patents of the King his Heirs or Successours And it was thereby also Enacted That from and after the first day of August no new Court should be erected ordain'd or appointed within this Realm of England or Dominion of Wales which should or might have the like Power Iurisdiction or Authority as the said High Commission-Court then 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 Lordships Iurisdiction and pray your Lordships Iudgment whether your Lordships will think it fit or ought to proceed any further herein against me the said Bishop of London B. L. I have another thing to beg your Lordships Advice and Judgment in I have Right as a Bishop by the most Authentique and Universal Ecclesiastical Laws to be Try'd 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 satisfy'd of their Authority in this Point Besides your Lordship knows there have been Presidents 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 pleas'd to give your Answer B. L. If I am over-rul'd in this I must beg your Lordships 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 enquire 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 c. by Suspending c. 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 foregoe 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 pleas'd to lay it down here and withdraw Here the Answer was given in After a little while the Bishop was call'd 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 propos'd to me by your Lordships viz. Why did you not obey the King's Command in his Letter concerning the Suspending Doctor Sharp I Henry Bishop of London do answer that immediately upon receipt of his Majesties Letter from my Lord President the Tenour whereof follows viz. 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 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 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 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 Inform'd that the Letter being directed to me as Bishop of London to Suspend a Person under my Iurisdiction I was therein to act as a Iudge it being a Iudicial Act and that no Person could by Law be Punish'd by Suspension before he was call'd or without being admitted to make his Defence I thought it therefore my Duty forthwith humbly to represent so much to my Lord President that so I might receive his Majesties further Pleasure in that Matter Nevertheless that I might obey his Majesties Commands as far as by Law I could I did then send for Doctor Sharp and acquainted him with his Majesties Displeasure and the occasion of it by shewing him his Majesties Letter But he having never been call'd 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 advis'd him to forbear Preaching till he had apply'd himself to his Majesty and at his request I made him the Bearer of my Letter to my Lord President waiting for his Majesties further Orders to proceed against him Iudicially in case he should not at that time give his Majesty the Satisfaction requir'd And the said Doctor Sharp hath not since Preach'd within my Diocess Henry London L. Ch. Has your Lordship any more to say B. L. My Lords what I shall say my self
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
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