Decisions Against The King's Interest
On 14 July 1686 Herbert was placed on the newly created ecclesiastical commission, a tribunal invested with as extensive jurisdiction over the clergy as the old Court of High Commission, and of which Jeffreys was the president. Having, however, refused to abet the king's design of introducing martial law by declining to order the execution of a deserter from the army, he was transferred to the chief-justiceship of the common pleas in April 1687, being succeeded in the king's bench by the more compliant Robert Wright. He still retained his place on the ecclesiastical commission, but gave further offence to the king by expressing the opinion that his proceedings in the case of Magdalen College could not be legalised by any exercise of his dispensing power, and by voting against the inhibition of the recalcitrant fellows from the exercise of their clerical functions.
Read more about this topic: Edward Herbert (judge)
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