A Narrative of all the Proceedings against Henry Lord Bishop of London, in the Council-Chamber at White-Hall, by the Lords Commissioners appointed by his Ma∣jesty, to inspect Ecclesiastical Affairs. On Wednesday, Aug. 4. 1686.

Present in Council,

• Lord Chancellor.
• Lord Bishop of Durham.
• Lord Treasurer.
• Lord Bishop of Rochester.
• Lord President.
• Lord Chief Justice Herbert.

UPon my Lord Bishop's then and there ap∣pearing before them, according to a Sum∣mons sent unto him, the Lord Chancellor Jeffe∣ries ask'd him, Why he did not suspend Dr. Sharp when the King commanded, and sent him express Order so to do, and told him what it Page  425was for, viz. for preaching Seditiously, and a∣gainst the Government? The Bishop answered, That if he had done amiss, it was not a wilful Fault, and that he had took the best Advice he could get, and was inform'd he could not do it legally, but by way of Express and hearing him. That he was not provided with such a Defence as he might have been, not knowing what would be laid to his Charge; and therefore desired some time, and a Copy of their Lordships Com∣mission, and of his Charge. But his having a Copy of their Commission denied him, (it being already publickly abroad) he desired ei∣ther to read, or hear it read.

Hereupon the Bishop, and all the Company, were desired to withdraw; and returning with∣in about a quarter of an hour, the Chancellor told him, All the Commissioners were of Opi∣nion, that his Request was not to be granted, it being unreasonable: But they were willing to allow him more time; the Bishop therefore prayed that he might have till the beginning of the next Term; but a Week vvas thought enough, and so they adjourn'd only until Mon∣day next, Aug. 9. 1686.

Then and there the Bishop came, attended with his Nephew the Earl of Northampton, his Brother-in-Law Sir John Nicholas, and his Brother Sir Francis Compton, &c. There being present in Council the same as before. The Chancellor told him, they vvere now ready to hear his Reasons. But the Bishop replied, He vvas not so ready as he might have been, because he could not light of the Commission to see it until last Night, tho he Page  426imployed all his time to search for it; and he had not had time since to take Advice vvhat to answer; and that his Counsel vvas out of Town in vvhom he thought to confide. Then vvith∣drawing for a quarter of an hour, the Chancel∣lor told him, They vvould not admit of any quarrelling vvith their Commission, for that they were well assured of the Legality of it: But asking him what Time he desired, at his request they granted him a Fortnight, and adjourned.

It vvas observed, that vvhen the Bishop spake concerning the Commission, Sir Thomas Clarges spake aloud, saying, VVell put, well put; my Lord speaks nothing but Truth.

There was also another Gentleman, Sir John Lowther of Lincolnshire, vvho as he vvas coming away in the Crowd, said, There are some who have represented me as a Papist, but the contrary shall appear; I will not be afraid nor ashamed to vindicate my Lord Bishop of London's Cause, before the Commissioners themselves.

Tuesday, Aug. 24. 1686. There being pre∣sent in Council the same as at first, the Lord Bi∣shop attending, and being asked, what he had to say? after some Apology for vvhat he vvas about to say, he said, His Counsel tells him, that their Proceedings in this Court, are direct∣ly contrary to the Statute-Law, and vvere there ready to plead it if their Lordships would ad∣mit them. But the Chancellor told him, they vvould neither hear him nor his Counsel in the Matter, they being satisfied of the Legality of their Commission. Then the Bishop urged, that their Commission, he conceived, did not extend Page  427to the Crimes laid to his Charge; for they were to censure Faults vvhich are committed: But this that he vvas accused of, vvas before the Date of their Commission.

The Chancellor confess'd there vvas such a Clause, but that those vvere general Clauses that take in things past as vvell as future.

Then the Bishop protesting in his own Right, to the Laws of the Realm, as a Subject; and the Rights and Priviledges of lie Church, as a Bishop; he would, with their leave, give them his Answer. Which was accepted; and the Bishop withdrew, and left Dr. Sharp's Petition, which Dr. Sharp carried on Sunday, June 20. 1686. to Windsor, and was not admitted to be read. Which is as follows.

This being read, the Bishop return'd, and the Chancellor told him, they were not con∣cerned in it; and asked him, If he desired his Page  429Answer should be read? The Bishop said, Yes; saying, that what he did therein, was by Ad∣vice of Counsel, and therefore hoped would not be interpreted to be done maliciously or obsti∣nately: And that in effect he did what the King commanded to be done, having advised Doctor Sharp to forbear Preaching, till his Majesty had received Satisfaction concerning him; and ac∣cordingly that he had forborn in his Diocess. Then the Bishop's Paper was read, which con∣tain'd the King's Letter, and Bishop's Answer thereto.

After this the Chancellor ask'd the Bishop, if he had any more to say? Who then desired his Counsel might be heard, by whom they would have more clear and full Satisfaction concerning what he had said. Whereupon the Bishop was desired to withdraw; and after half an hour he and his Counsel were called in, who were Dr. Oldish, Hodges, Prince, and Newton.

Dr. Oldish pleaded, That the King's Letter did not take cognizance of the Cause; so that it could not be an absolute Suspension, because that supposeth a Proof of the Crime charged upon him.—That there was no such word in their Laws, as suspend from Preaching, which therefore must be meant silencing; and this the Page  432Bishop did, and in such a Method as is observed in their Courts.

Dr. Hodges then pleaded, That the Bishop had done what the King commanded; and that he could not Suspend, which is a Judicial Act, without first a Citation and Hearing; which is the Method of proving before all Courts; and appeared to be so in this, otherwise the Bishop needed not to have been cited before them. And that in returning the King an Answer, why he did not do what he commanded him, he did but what was his Duty, and what was Law.

Dr. Price pleaded that a Citation was Jure Gentium, and could never be taken away by any Positive Command or Law whatsoever; that therefore the Bishop had obeyed the King so far as he could, in that he had silenced the Doctor; the Advice of a Bishop being in some sense an Admonition, which is a Judicial Act, and was given by the Bishop, and obeyed by the Doctor.

Dr. Newton pleaded, that the Bishop had obeyed the King: for as in Nature no Man can be desired to do what is impossible, so no man can be obliged to do an unlawful Act; which Suspension, without Citation and Hearing, is.—That the Bishops are Custodes Canonum, and therefore must not break them themselves.—That he had done what was in his Power to do, and it was in effect what the King command∣ed to be done: For where he did Rescribere, and heard not the further Pleasure of the King returned, he ought to conclude, the King was satisfied with what he had written, according Page  433to his Duty, and the King had altered his Commands.

Then the Bishop of London said, If he had erred in any Circumstance, he was very ready to beg his Majesties Pardon, and would be ready to make any reparation he was capable.

After which the Bishop withdrew for half an Hour, and then being called in, was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed, that he might not be misrepresented to the King by the Mistake of the Pen-man, he went away.

While the Counsellors were pleading, Dr. Pinfold, the King's Advocate, stood at the Chan∣cellor's Elbow and took Notes, by which it was expected that he should make a Reply, but he said nothing; and 'tis supposed that he staid with the Council, when the Bishop withdrew, and gave them Reasons for his silence.

On Monday Sept. 6. 1686. There being pre∣sent in Council the same as before; and the Bishop appearing, he was desired to sit down, and hear his Sentence, which (to prevent Mistake) they had ordered to be put in Writing. The Bishop then would have spoke, but was not suffered. And then Mr. Bridgman, their Register, read the Instrument whereby the Bishop of London was suspended from the Exe∣cution of his Episcopal Office, upon pain of Deprivation, during his Majesties Pleasure; sealed with their Seal, but signed by no Body at all.

And some day after, one of the Messengers attending the Court, delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Com∣missioners, to cause this Sentence to be affixt on the Door of that Chapter-House; and to certi∣fy them of the due Execution hereof. Dated Septemb. 28, 1686. and sealed with the same Seal as the Sentence (which was annexed there∣to) but no Persons Names. Subscribed, To the Dean and Chapter of London.