Page:History of England (Macaulay) Vol 2.djvu/103

 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.

The temper of the nation was indeed such as might well make him hesitate. During some months discontent had been steadily and rapidly increasing. The celebration of the Roman Catholic worship had long been prohibited by Act of Parliament. During several generations no Roman Catholic clergyman had dared to exhibit himself in any public place with the badges of his office. Against the regular clergy, and against the restless and subtle Jesuits by name, had been enacted a succession of rigorous statutes. Every Jesuit who set foot in this country was liable to be hanged, drawn, and quartered. A reward was offered for his detection. He was not allowed to take advantage of the general rule, that men are not bound to accuse themselves. Whoever was suspected of being a Jesuit might be interrogated, and, if he refused to answer, might be sent to