The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
Among all the engines of authority formerly employed by the crown, none
had been more dangerous or even destructive to liberty, than the court
of high commission, which, together with the star chamber, had been
abolished in the reign of Charles I. by act of parliament; in which a
clause was also inserted, prohibiting the erection, in all future times,
of that court, or any of a like nature. But this law was deemed by James
no obstacle; and an ecclesiastical commission was anew issued, by which
seven commissioners[*] were vested with full and unlimited authority
over the church of England.
* The persons named were, the archbishop of Canterbury,
Sancroft; the bishop of Durham, Crew; of Rochester, Sprat;
the earl of Rochester, Sunderland, Chancellor Jeffries, and
Lord Chief Justice Herbert. The archbishop refused to act
and the bishop of Chester was substituted in his place.
On them were bestowed the same inquisitorial powers possessed by the
former court of high commission: they might proceed upon bare suspicion;
and the better to set the law at defiance, it was expressly inserted
in their patent itself, that they were to exercise their jurisdiction,
notwithstanding any law or statute to the contrary. The king’s design
to subdue the church was now sufficiently known; and had he been able
to establish the authority of this new-erected court, his success was
infallible. A more sensible blow could not be given both to national
liberty and religion; and happily the contest could not be tried in a
cause more iniquitous and unpopular than that against Sharpe and the
bishop of London.
The prelate was cited before the commissioners. After denying the
legality of the court, and claiming the privilege of all Christian
bishops, to be tried by the metropolitan and his suffragans, he pleaded
in his own defence, that as he was obliged, if he had suspended Sharpe,
to act in the capacity of a judge, he could not, consistent either with
law or equity, pronounce sentence without a previous citation and trial:
that he had by petition represented this difficulty to his majesty; and
not receiving any answer, he had reason to think that his petition had
given entire satisfaction: that in order to show further his deference,
he had advised Sharpe to abstain from preaching, till he had justified
his conduct to the king; an advice which, coming from a superior,
was equivalent to a command, and had accordingly met with the proper
obedience: that he had thus, in his apprehension, conformed himself to
his majesty’s pleasure; but if he should still be found wanting to his
duty in any particular, he was now willing to crave pardon, and to make
reparation. All this submission, both in Sharpe and the prelate, had no
effect: it was determined to have an example: orders were accordingly
sent to the commissioners to proceed: and by a majority of votes, the
bishop, as well as the doctor, was suspended.