The History of England, from the Accession of James the Second - Volume 2 - Thomas Babington Macaulay (best ereader for textbooks txt) 📗

her own principles. The spirit of the whole clerical order rose against this injustice. William Sherlock, a divine of distinguished abilities, who had written with sharpness against Whigs and Dissenters, and had been rewarded by the government with the Mastership of the Temple and with a pension, was one of the first who incurred the royal displeasure. His pension was stopped, and he was severely reprimanded.95 John Sharp, Dean of Norwich and Rector of St. Giles's in the Fields, soon gave still greater offence. He was a man of learning and fervent piety, a preacher of great fame, and an exemplary parish priest. In politics he was, like most of his brethren, a Tory, and had just been appointed one of the royal chaplains. He received an anonymous letter which purported to come from one of his parishioners who had been staggered by the arguments of Roman Catholic theologians, and who was anxious to be satisfied that the Church of England was a branch of the true Church of Christ. No divine, not utterly lost to all sense of religious duty and of professional honour, could refuse to answer such a call. On the following Sunday Sharp delivered an animated discourse against the high pretensions of the see of Rome. Some of his expressions were exaggerated, distorted, and carried by talebearers to Whitehall. It was falsely said that he had spoken with contumely of the theological disquisitions which had been found in the strong box of the late King, and which the present King had published. Compton, the Bishop of London, received orders from Sunderland to suspend Sharp till the royal pleasure should be further known. The Bishop was in great perplexity. His recent conduct in the House of Lords had given deep offence to the court. Already his name had been struck out of the list of Privy Councillors. Already he had been dismissed from his office in the royal chapel. He was unwilling to give fresh provocation but the act which he was directed to perform was a judicial act. He felt that it was unjust, and he was assured by the best advisers that it was also illegal, to inflict punishment without giving any opportunity for defence. He accordingly, in the humblest terms, represented his difficulties to the King, and privately requested Sharp not to appear in the pulpit for the present. Reasonable as were Compton's scruples, obsequious as were his apologies, James was greatly incensed. What insolence to plead either natural justice or positive law in opposition to an express command of the Sovereign Sharp was forgotten. The Bishop became a mark for the whole vengeance of the government.96 The King felt more painfully than ever the want of that tremendous engine which had once coerced refractory ecclesiastics. He probably knew that, for a few angry words uttered against his father's government, Bishop Williams had been suspended by the High Commission from all ecclesiastical dignities and functions. The design of reviving that formidable tribunal was pushed on more eagerly than ever. In July London was alarmed by the news that the King had, in direct defiance of two acts of Parliament drawn in the strongest terms, entrusted the whole government of the Church to seven Commissioners.97 The words in which the jurisdiction of these officers was described were loose, and might be stretched to almost any extent. All colleges and grammar schools, even those founded by the liberality of private benefactors, were placed under the authority of the new board. All who depended for bread on situations in the Church or in academical institutions, from the Primate down to the youngest curate, from the Vicechancellors of Oxford and Cambridge down to the humblest pedagogue who taught Corderius, were at the royal mercy. If any one of those many thousands was suspected of doing or saying anything distasteful to the government, the Commissioners might cite him before them. In their mode of dealing with him they were fettered by no rules. They were themselves at once prosecutors and judges. The accused party was furnished with no copy of the charge. He was examined and crossexamined. If his answers did not give satisfaction, he was liable to be suspended from his office, to be ejected from it, to be pronounced incapable of holding any preferment in future. If he were contumacious, he might be excommunicated, or, in other words, be deprived of all civil rights and imprisoned for life. He might also, at the discretion of the court, be loaded with all the costs of the proceeding by which he had been reduced to beggary. No appeal was given. The Commissioners were directed to execute their office notwithstanding any law which might be, or might seem to be, inconsistent with these regulations. Lastly, lest any person should doubt that it was intended to revive that terrible court from which the Long Parliament had freed the nation, the new tribunal was directed to use a seal bearing exactly the same device and the same superscription with the seal of the old High Commission.98

The chief Commissioner was the Chancellor. His presence and assent were necessary to every proceeding. All men knew how unjustly, insolently, and barbarously he had acted in courts where he had been, to a certain extent, restrained by the known laws of England. It was, therefore, not difficult to foresee how he would conduct himself in a situation in which he was at entire liberty to make forms of procedure and rules of evidence for himself.

Of the other six Commissioners three were prelates and three laymen. The name of Archbishop Sancroft stood first. But he was fully convinced that the court was illegal, that all its judgments would be null, and that by sitting in it he should incur a serious responsibility. He therefore determined not to comply with the royal mandate. He did not, however, act on this occasion with that courage and sincerity which he showed when driven to extremity two years later. He begged to be excused on the plea of business and ill health. The other members of the board, he added, were men of too much ability to need his assistance. These disingenuous apologies ill became the Primate of all England at such a crisis; nor did they avert the royal displeasure. Sancroft's name was not indeed struck out of the list of Privy Councillors: but, to the bitter mortification of the friends of the Church, he was no longer summoned on Council days. "If," said the King, "he is too sick or too busy to go to the Commission, it is a kindness to relieve him from attendance at Council."99

The government found no similar difficulty with Nathaniel Crewe, Bishop of the great and opulent see of Durham, a man nobly born, and raised so high in his profession that he could scarcely wish to rise higher, but mean, vain, and cowardly. He had been made Dean of the Chapel Royal when the Bishop of London was banished from the palace. The honour of being an Ecclesiastical Commissioner turned Crewe's head. It was to no purpose that some of his friends represented to him the risk which he ran by sitting in an illegal tribunal. He was not ashamed to answer that he could not live out of the royal smile, and exultingly expressed his hope that his name would appear in history, a hope which has not been altogether disappointed.100

Thomas Sprat, Bishop of Rochester, was the third clerical Commissioner. He was a man to whose talents posterity has scarcely done justice. Unhappily for his fame, it has been usual to print his verses in collections of the British poets; and those who judge of him by his verses must consider him as a servile imitator, who, without one spark of Cowley's admirable genius, mimicked whatever was least commendable in Cowley's manner: but those who are acquainted with Sprat's prose writings will form a very different estimate of his powers. He was indeed a great master of our language, and possessed at once the eloquence of the orator, of the controversialist, and of the historian. His moral character might have passed with little censure had he belonged to a less sacred profession; for the worst that can be said of him is that he was indolent, luxurious, and worldly: but such failings, though not commonly regarded as very heinous in men of secular callings, are scandalous in a prelate. The Archbishopric of York was vacant; Sprat hoped to obtain it, and therefore accepted a seat at the ecclesiastical board: but he was too goodnatured a man to behave harshly; and he was too sensible a man not to know that he might at some future time be called to a serious account by a Parliament. He therefore, though he consented to act, tried to do as little mischief, and to make as few enemies, as possible.101

The three remaining Commissioners were the Lord Treasurer, the Lord President, and the Chief Justice of the King's Bench. Rochester, disapproving and murmuring, consented to serve. Much as he had to endure at the court, he could not bear to quit it. Much as he loved the Church, he could not bring himself to sacrifice for her sake his white staff, his patronage, his salary of eight thousand pounds a year, and the far larger indirect emoluments of his office. He excused his conduct to others, and perhaps to himself, by pleading that, as a Commissioner, he might be able to prevent much evil, and that, if he refused to act, some person less attached to the Protestant religion would be found to replace him. Sunderland was the representative of the Jesuitical cabal. Herbert's recent decision on the question of the dispensing power seemed to prove that he would not flinch from any service which the King might require.

As soon as the Commission had been opened, the Bishop of London was cited before the new tribunal. He appeared. "I demand of you," said Jeffreys, "a direct and positive answer. Why did not you suspend Dr. Sharp?"

The Bishop requested a copy of the Commission in order that he might know by what authority he was thus interrogated. "If you mean," said Jeffreys, "to dispute our authority, I shall take another course with you. As to the Commission, I do not doubt that you have seen it. At all events you may see it in any coffeehouse for a penny." The insolence of the Chancellor's reply appears to have shocked the other Commissioners, and he was forced to make some awkward apologies. He then returned to the point from which he had started. "This," he said, "is not a court in which written charges are exhibited. Our proceedings are summary, and by word of mouth. The question is a plain one. Why did you not obey the King?" With some difficulty Compton obtained a brief delay, and the assistance of counsel. When the case had been heard, it was evident to all men that the Bishop had done only what he was bound to do. The Treasurer, the Chief Justice, and Sprat were for acquittal. The King's wrath was moved. It seemed that his Ecclesiastical Commission would fail him as his Tory Parliament had failed him. He offered Rochester a simple choice, to pronounce the Bishop guilty, or to quit the Treasury. Rochester was base enough to yield. Compton was suspended from all spiritual functions; and the charge of his great diocese was committed to his judges, Sprat and Crewe. He continued, however, to reside in his palace and to receive his revenues; for it was known that, had any attempt been made to deprive him of his temporalities, he would have put himself under the protection of the common law; and Herbert himself declared that, at common law, judgment must be given against the crown. This consideration induced the King to pause. Only a