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
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