his majesty's business cannot admit of such delays; methinks a week should be enough: what say your lordships? Is not a week enough?

The Commissioners being asked, signified by the Chancellor that a week was enough.

Lord Bishop. Since your lordship will grant no more, I will ask no more.

Lord Chanc. Adjourn until Monday' next, the 9th of August, 1686.

[Note, When the bishop spake concerning the commission, sir Thomas Clarges spake Upon the 9th day his lordship came, attend-with a loud voice, saying Well put, well put ; ed 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 in the same proceedings.

Lord Chanc. My lord, we are here to hear your reasons.

Lord Bishop. My lord, I have lost no time for preparing my answer, but am not so ready as I might have been, because I could not light of the commission your lordship told me was upon record, and in every coffee-house, but employed a whole week to search for it, and could not have a sight of it until last night: if your lordship doubts the truth of this, I have the person ready to make oath here of it.

Lord Chanc. My lord, you are a person of honour, and we will not question the truth of what you say, there needs no oath: but, my lord, I must tell you, that we will not admit of any quarrelling with our commission, we are well assured of the legality of it, otherwise we would not be such fools as to sit here.

Lord Bishop. My lord, I have other reasons why I desire a sight of your commission; it may be, it may not reach me, being a peer and a bishop; and it may be, it may not reach this particular case; and therefore I desire a sight of it, in regard I could not see it until the last night. I have not had time to take advice what to answer; if your lordship will not be satisfied, I must give such an answer as I have prepared; but it is my desire to have longer

time for it.

Lord Chanc. Is this all you have to say? Lord Bishop. This is the first thing: I do not desire to prolong the time, the necessity of the case requiring it, the counsel being out of town in whom I think to confide.

Lord Chanc. If your lordship will withdraw, we will give you an answer. [He withdrew for a quarter of an hour.]

Lord Chanc. My lord, as I formerly told you, we will not endure any quarreling at our commission; it will be an odd thing in us to give you time to pick holes in it; but we are willing to pay all due respects to your lordship: what time do you require?

Lord Bishop. I shall submit to your ships; but I hope a fortnight will not be unreasonable.

my lord speaks nothing but truth. There was also another gentleman, sir John Lowther of Lincolnshire, who as he was 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's cause 'before the commissioners themselves.']

Tuesday, August 23, 1686.

There being present in council the same as in the former proceedings: The lord bishop attending, the proceedings were as follow:

Lord Chanc. My lord, we are now ready to hear your lordship's answer.

Lord Bishop. My lord, notwithstanding the time hath been very short, considering the weightiness of the matter, and the absence of many of the learned counsel, I have taken what advice I could, and have consulted those that are very learned in the laws. I hope there will be no misinterpretation of my words, I do not intend any thing which is derogatory to the king's supremacy, that is undutiful to his ma jesty, or disrespectful to your lordships. "My counsel tells me, that your proceedings in this court are directly contrary to the statute law, and are here to plead it, if your lordships will admit them.

Lord Chanc. We will neither hear your lordship nor your counsel in the matter; we are sufficiently satisfied of the legality of our commission, as we often told you.

Lord Bishop. My lord, I am a bishop of the church of England, and by all the law in the Christian church in all ages, and by the particular law of this land, I am, in case of offence, to be tried by my metropolitan and suffragans: I hope your lordship will not deny the right and privilege of Christian bishops.

Lord Chunc. My lord, you know our proceedings are according to what has been done formerly, and that we have an original jurisdiction: this is still questioning our court. Lord Bishop. It is partly.

Lord Chanc. Nay, it is absolutely so.

Lord Bishop. My lord, I hope you will interpret every thing in your commission in falord-vour of the person that is brought before you: I humbly conceive that your commission doth not extend to the crimes laid to my charge, for you are to censure faults which shall be committed this that I am accused of, was before the date of your commission.

Lord Chanc. Agreed: You shall have it until to morrow fortnight in the morning.

That you suspend him from preaching. Now, my lords, we have no such thing in our Which was accepted; and the bishop with-laws; so that the meaning must be silencing drew, and left Dr. Sharp's Petition, which the king had refused to accept.

Dr. Hodges. My lords, the matter of fact hath been stated, and the question is, whether the bishop hath been disobedient to the king's command? It appears that he has not; be. cause, upon the receipt of his majesty's letter, he required the doctor not to preach, and he Lord Bishop. My lord, I desire your lord-hath obeyed him in that which the king ship would hear my counsel, by whom you may have more clear and full satisfaction concerning what I have said.

The bishop withdrew for half an hour and was then called in.

L. Chanc. We will be here again on Wednesday next, and I desire your lordship to be here again about ten in the forenoon.

Lord Bishop. My Lord, I desire that care may be taken concerning the minutes, which are taken by the clerks, of what hath passed, and that I may not be misrepresented to the king by the mistake of the penman.

been a citation, our books giving many in-
stances, which would be too tedious to your
lordships I will give this one: the em-
peror's proceedings against the king of Sicily
upon information which he had received; and
giving him no citation, the king appealed to
the pope, who declared the proceedings to be
void; and that it was against the law of na-
ture, which is above all positive laws, to pass
sentence before citation. This is the method
of proceeding before all courts, and I humbly
conceive it is, and will be, the method of this
court; for otherwise, the bishop need not to
have been cited before you. The bishop has
done what was his duty, he was bound to re-
turn his reason to the king, why he did not doing it.
that which he commanded, and to expect his
further answer; which was done. I affirm,
that if a prince, or a pope, command a thing
which is not lawful, it is the duty of a judge
rescribere; which is all he can do, quoting his
author.

Dr. Price. The question is ut supra: A citation is jure gentium, and can never be taken away by any positive command or law whatsoever: the bishop hath obeyed the king so far as he could, and did rescribe, expecting his majesty's further pleasure. If the bishop could have suspended him, it must have been done in aulá; but in regard it was only silencing him, which was required, it might be done in a private room: the advice of a bishop is in some sense an admonition, which is a judicial act, and this was given by a bishop, and obeyed by the doctor.

Dr. Newton. My lord, the question is ut supra, the bishop hath not been disobedient. As in nature no man can be desired to do that which is impossible, so no man can be obliged to do an unlawful act. (Id non fit quod non legitime fit.') This rule obliges all men, at all places, and at all times. The charge against Dr. Sharp is of a very high nature; and he desired to be heard before he was condemned.

My Lords, the bishops are Custodes Canonum, and therefore must not break them themselves. I affirm, the bishop was so far from being disobedient, that he was obedient to the king; 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 to his duty, and the king had altered 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 the discretion of the judges, and for that reason, as well as these, the offenders ought to be cited before him; that which was in the bishop's power to do, he hath done, and it was in effect what the king commanded to be

done.

to

Lord Bishop. If through mistake I have erred in any circumstance, I am ready to beg his majesty's pardon, and shall be ready to make any reparation I am capable.

I

Lord Chan. My lord, you need not fear it; hope you have a better opinion of us; there shall be no advantage taken by them or us. Bishop Roch. There shall be no advantage taken, but all imaginable care taken concern.

Note, When the counsellors were pleading, Dr. Pinfold, the king's advocate, stood at the chancellor's elbow, and took notes; by which it was expected that he should make a reply, but he said nothing: and it is supposed that he staid with the council, when the bishop withdrew, and gave them reasons for his silence.

Die Luna, 6 September, 1686. There being present in council the same as in the former Proceedings.

Lord Chanc. My lord, pray sit down. You were desired to appear this day to hear your sentence, which (to prevent mistake) we have ordered to be put in writing.

Lord Bishop. My lord, may I have leave to speak before sentence is read?

L. Chanc. My lord, we have heard you and your counsel already.

Then the following Instrument, whereby the
bishop of London was suspended, was, by
the Commissioners order, read by Mr.
Bridgman, their lordships' register.
By his Majesty's Commissioners for Eccle-

'siastical Affairs."

Whereas Henry, lord bishop of London, hath been convened before us for his disobe'dience, and other his contempts mentioned in the proceedings of this cause; and the 'said bishop being fully heard thereupon, We have thought fit, upon mature consideration of the matter, to proceed to this our definitive sentence, declaring, decreeing, and pronouncing, that the said Henry, lord bishop of London, shall for bis said disobedience and 'contempt, be suspended during his majesty's pleasure; and accordingly we do, by these presents, suspend him the said lord bishop of London, peremptorily admonishing and requiring him hereby, to abstain from the funetion and execution of his episcopal office, and from all episcopal and other ecclesiastical jurisdiction, during the said suspension, upon pain of deprivation and removal from his bishopric.

"Given under our band and seal the 6th day ' of September, 1686. Sealed with the seal

' under our seal this of the court, C. J. 2. Rose and Crown, with 1686. Sealed with the same seal as the senthis inscription round it, viz. Sigillum Commissionariorum Regiæ Majestatis ad Causastence, but no persons names. Subscribed to Ecclesiasticas. Signed by nobody at all.'' the dean and chapter of London.'

Dr. Sharp was also suspended about the same time, but he was soon after restored to the exercise of his function; and when the king received advice of the prince of Orange's intended expedition, the bishop's suspension was taken off.✶

Crew and Sprat [two of Bishop Compton's judges] together with White, Bishop of Peterborough (see the Case of the Seven Bishops A. D. 1688) were appointed commissioners to exercise all manner of ecclesiastical jurisdiction within the diocese of London during the sus pension of the bishop.

"Dr. Sharp was likewise judicially suspended, but in pretended mercy was soon after restored to the exercise of his function." Kennett, who in a note adds, that he, by means of Mr. Pepys, obtained this restoration for Sharp, 3 Complete History, 483, 2d Edition.

350. The Trial of Sir EDWARD HALES, bart.* for neglecting to take the Oaths of Supremacy and Allegiance, with his Plea thereto, upon the King's dispensing with the Stat. 25 Car. 2, and the Opinion of the Judges thereupon. 2JAMES II. A. D. 1686.†

begun, he was, and still is an inhabitant and resident of the parish of Hackington.

from the Protestant religion to Popery; and that not only by the canons of our Church, but by our acts of parliament, (vid. act 47. 1572,) | Apostates after admonition by their pastor are to be excommunicated. The bishop signed a warrant to proceed in their process of excommunication; though it is like it will sleep. This lays also a platform against Doctor Sibbald, and Hugh Brown, who had also revolted. But to qualify this zeal, the bishop in his speech ordered them in their sermons to forbear all personal reflections, but only to handle the Popish controversies in general; and if they pleased to turn their afternoon's sermon to a catechetick discourse, as was the custom of the Protestant Church of France, now sadly persecuted; that our fears needed not be so panical for Popery, because, 1mo, We had the promises and providence of God to rely on. 2do, The king's promise and assurance to protect our religion, (though some cannot find where the king has promised it) Stio, We have strong laws in favours of our reformed religion."

"October 28. A letter came signed by secretary Murray, to the bishop of Edinburgh, signifying that the king was informed that seditious speeches were uttered in the pulpits of Edinburgh, tending to stir up the people to a dislike of the king, or the Popish religion, and ordaining him to advert thereto on his peril. He conveened his ministers, and intimated this to them, that it had arisen on the public reflecting on doctor Sibbald, and the ladies of Errol and Meldrum had threatened him, &c."

"Nov. 12. At Privy Council, the king's letter was read, dispensing with the test to some Papists, who had been named in the new act of parliament 1685, anent the supply and excise, to be commissioners in their respective shires, for uplifting and ingathering of that subsidy. The letter bore, that the said act, by a mistake had injoined the said commissioners to take the oaths of supremacy and the test; whereas by the act of the test itself, and the additional act in 1681, they were de industria omitted and left out, seeing the king's service must not be stopped by that; and therefore he names about 26 Papists who were commissioners of supply, and exeems and relaxes them from the test, dispensing therewith, and impowering them to act without taking it; which seemed a downright derogation to the act of parliament 1685, and not in the king's power; for it was said, whatever that dispensation might operate to secure them for all proceedings, yet if they acted after it, they incurred and contracted a new guilt. It had also another clause, but prejudice to his majesty to dispense with any others he pleased; but ordained the oaths to be imposed on all others; which is conform to the 13th act 1685, ordaining all Protestant heritors to take the test. The true case was the duke of Queensberry, when commissioner, had it par

And the plaintiff taking it by protestation, that the defendant within three months next

ticularly in his instructions, to suffer nothing to pass to the prejudice of the Roman Catholics more than was already; yet lord Kintore treasurer depute, and the clerk register, slipt that clause into the act of the supply, which, being challenged by the king, the chancellor and treasurer purged themselves of it upon oath, so it lauded at Tarbet's door, which made the duke of Gordon do him all the bad offices he could for some time. This letter alarmed some people, as an essay that the king intended, by little and little, to put Papists in the government, and which they thought seemed clear from his speech to the English parliament on the 9th of November 1685, when they sat down."

Jan. 5, 1686. There is a letter from the king, ordaining all the Protestant heritors to be pursued and fined before the privy council, who had not taken the test within the days prefixed by the 13th act of parl. 1685. This may serve to humble and weaken that party who are looked on as secret enemies to his majesty's succession to the crown; but by the principles of our loyal religion his majesty had undoubted right."

"Jan. 8. At Exchequer, the high treasurer produced a list of the pensions his majesty had granted, extending to 52 persons, whereof there is above 12,000l. sterling payable to Papists; as to lady Mary Gordon, now countess of Perth, ladies Errol, and Largo, lady Margaret Hay, lord Traquair, colonel Whitefoord, Doctor Sibbald, &c. and some in the former list were kept out here. Some grudged that their taxes paid to the king, and particularly the additional three months cess, should be thus distributed and exhausted among Papists."

"Jan. 11. The collectors of the king's cus toms, and their searchers having apprehended in a ship from London, some Popish cruci fixes, beads, priests vestments, and the fur niture and ornaments of an altar, they were in some doubt if they should let them pass, seeing the acts of parliament ordain all such baggage to be seized on; yet the 25th act 1587 only mentions Popish and erroneous books; but sir George Mackenzie, in his observations on that act, acknowledges it has been also used as a warrant to apprehend and confiscate such trash; but being for the chancellor, they would not meddle with them."

Jan. 12. At privy council, there was a letter from the king read, wherein he impowers his privy council to give abatement of the fines they had imposed upon persons for church irregularities and delinquences, if they saw cause, and that the parties merited it; providing the abatement did not exceed the half of their fine, if they paid presently, and a 3d part in other cases.

"The privy council sent up a letter to the king, in answer to his of the 5th January, signifying that there were n.any who had not refused the test out of contumacy, but from