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
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
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