The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
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 few weeks had
elapsed since he had packed the courts of Westminster Hall in order to
obtain a decision in favour of his dispensing power. He now found that,
unless he packed them again, he should not be able to obtain a decision
in favour of the proceedings of his Ecclesiastical Commission. He
determined, therefore, to postpone for a short time the confiscation of
the freehold property of refractory clergymen. [102]
Public-domain text, read in full here on John Shaqi.
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