Sunderland had from the beginning objected, as far as he dared, to the Order in Council. He now suggested a course which, though not free from inconveniences, was the most prudent and the most dignified that a series of errors had left open to the government. The King might with grace and majesty announce to the world that he was deeply hurt by the undutiful conduct of the Church of England; but that he could not forget all the services rendered by that Church, in trying times, to his father, to his brother, and to himself; that, as a friend to the liberty of conscience, he was unwilling to deal severely by men whom conscience, ill informed indeed, and unreasonably scrupulous, might have prevented from obeying his commands; and that he would therefore leave the offenders to that punishment which their own reflections would inflict whenever they should calmly compare their recent acts with the loyal doctrines of which they had so loudly boasted. Not only Powis and Bellasyse, who had always been for moderate counsels, but even Dover and Arundell, leaned towards this proposition. Jeffreys, on the other hand, maintained that the government would be disgraced if such transgressors as the seven Bishops were suffered to escape with a mere reprimand.
He did not, however, wish them to be cited before the Ecclesiastical Commission, in which he sate as chief or rather as sole judge. For the load of public hatred under which he already lay was too much even for his shameless forehead and obdurate heart; and he shrank from the responsibility which he would have incurred by pronouncing an illegal sentence on the rulers of the Church and the favourites of the nation. He therefore recommended a criminal information. It was accordingly resolved that the Archbishop and the six other petititioners should be brought before the Court of King's Bench on a charge of seditious libel.
That they would be convicted it was scarcely possible to doubt.
The judges and their officers were tools of the court. Since the old charter of the City of London had been forfeited, scarcely one prisoner whom the government was bent on bringing to punishment had been absolved by a jury. The refractory prelates would probably be condemned to ruinous fines and to long imprisonment, and would be glad to ransom themselves by serving, both in and out of Parliament, the designs of the Sovereign.372On the twenty-seventh of May it was notified to the Bishops that on the eighth of June they must appear before the King in Council. Why so long an interval was allowed we are not informed. Perhaps James hoped that some of the offenders, terrified by his displeasure, might submit before the day fixed for the reading of the Declaration in their dioceses, and might, in order to make their peace with him, persuade their clergy to obey his order. If such was his hope it was signally disappointed.
Sunday the third of June came; and all parts of England followed the example of the capital. Already the Bishops of Norwich, Gloucester, Salisbury, Winchester, and Exeter, had signed copies of the petition in token of their approbation. The Bishop of Worcester had refused to distribute the Declaration among his clergy. The Bishop of Hereford had distributed it: but it was generally understood that he was overwhelmed by remorse and shame for having done so. Not one parish priest in fifty complied with the Order in Council. -In the great diocese of Chester, including the county of Lancaster, only three clergymen could be prevailed on by Cartwright to obey the King. In the diocese of Norwich are many hundreds of parishes. In only four of these was the Declaration read. The courtly Bishop of Rochester could not overcome the scruples of the minister of the ordinary of Chatham, who depended on the government for bread. There is still extant a pathetic letter which this honest priest sent to the Secretary of the Admiralty. "I cannot," he wrote, "reasonably expect your Honour's protection. God's will be done. I must choose suffering rather than sin."373On the evening of the eighth of June the seven prelates, furnished by the ablest lawyers in England with full advice, repaired to the palace, and were called into the Council chamber.
