The commissary was angry, too angry, perhaps, to be prudent and dignified. At all events, on the next day, he issued the following formidable document:—
"Alexander Garden, lawfully constituted Commissary of the Right Reverend Father in Christ, Edmund, by Divine permission, Lord Bishop of London, supported by the Royal authority underwritten.
"Alexander Garden,
"To all and singular Clerks and literate persons whomsoever, in and throughout the whole Province of South Carolina, wheresoever appointed, greeting; to you conjunctly and severally, we commit, and, strictly enjoining, command that you do cite, or cause to be cited, peremptorily, George Whitefield, Clerk and Presbyter of the Church of England, that he lawfully appear before us, in the Parish Church of St. Philip's, Charleston, and in the judicial place of the same, on Tuesday, the fifteenth day of this instant July, betwixt the hours of nine and ten in the forenoon, then and there in justice to answer certain articles, heads, or interrogatories, which will be objected and ministered unto him concerning the mere health of his soul, and reformation and correction of his manners and excesses, and chiefly for omitting to use the Form of Prayers prescribed in the Communion Book. And further to do and receive what shall be just in that behalf, on pain of law and contempt. And what you shall do in the premises, you shall duly certify us, together with these presents.
"Given under our hands, and seals of our office, at Charleston, this seventh day of July, in the year of our Lord, one thousand seven hundred and forty."
On the morning of the day in which this curious document was published, Whitefield "went to the house of one Mr. Chandler,[354] a gracious Baptist minister, about fourteen miles from Charleston, and, according to appointment, preached in his meeting-house." The next day, he "hastened to Dorchester, and preached twice in Mr. Osgood's[355] meeting-house, a young but worthy Independent minister." The following evening, July 9, he "preached under a tree near Mr. C.'s meeting-house," the congregation being too large to be accommodated in the building. He then rode to Charleston, and "preached, about six in the evening, in the usual place." On Thursday, July 10, he "went over the water, and read prayers and preached, at the request of the churchwardens and vestry, in Christ's Church." On Friday, he preached twice in Charleston, and received, from the commissary, by the hands of his apparitor, the following citation:—
"You are hereby cited to appear at the Church of St. Philip's, Charleston, on Tuesday the fifteenth day of this instant July, betwixt the hours of nine and ten in the forenoon, before the Reverend Alexander Garden, Commissary, to answer to such articles as shall there be objected to you.
"William Smith, Apparitor."
Whitefield had thus four days' notice to answer questions and accusations, not specified, and concerning which he could only form conjectures. How did he spend the interval?
On Saturday, July 12, he went to John's Island, about twenty miles up the river, and read prayers and preached twice, in the church. On Sunday, July 13, he preached, morning and evening, in Charleston; and, in the forenoon, went to church, and heard Commissary Garden preach, or rather rave. Whitefield writes:—
"Had some infernal spirit been sent to draw my picture, I think it scarcely possible that he could have painted me in more horrid colours. I think, if ever, then was the time that all manner of evil was spoken against me falsely for Christ's sake. The commissary seemed to ransack church history for instances of enthusiasm and abused grace. He drew a parallel between me and all the Oliverians, Ranters, Quakers, and French Prophets, till he came down to a family of the Dutarts, who lived, not many years ago, in South Carolina, and were guilty of the most notorious incests and murders. To the honour of God's free grace be it spoken, whilst the commissary was representing me thus, I felt the blessed Spirit strengthening and refreshing my soul. God, at the same time, gave me to see what I was by nature, and how I had deserved His eternal wrath; and, therefore, I did not feel the least resentment against the preacher. No; I pitied, I prayed for him; and wished, from my soul, that the Lord would convert him, as He once did the persecutor Saul."
Notwithstanding this violent outpouring, from Whitefield's ecclesiastical accuser and judge, only forty-eight hours before the trial was to take place, Whitefield, on the following day, again preached twice in Charleston, as though nought had happened.
The next day, July 15, the court assembled at St. Philip's Church, and consisted of the commissary, and the Rev. Messrs. Guy, Millichamp, Roe, and Orr.[356] The spectators, of course, were numerous. First of all, the commissary handed Whitefield a paper, containing a list of the accusations against him, and which he was desired to answer. Whitefield refused to answer, until he was satisfied concerning the authority of the court to examine him. The commissary said, "They would proceed to censure him." Whitefield reminded his judges of the example of the heathen magistrates, who exceeded their authority in condemning St. Paul unheard. Mr. Garden then sent his apparitor for his commission, from the Bishop of London, to act as commissary. Whitefield examined it, and objected that the Royal authority was not underwritten. Upon this, a Latin commission without a seal was read. Whitefield replied, that, though there might be a general power given the bishop to exercise ecclesiastical jurisdiction in that province, yet the extent of that jurisdiction was to be determined by particular Acts of Assembly. And, further, that he belonged to Georgia, a different province, and was in South Carolina only as an itinerant. He also added, that, though he had preached in the fields near London, the bishop had never attempted to exercise such authority over him; and that the Trustees of Georgia, to his knowledge, doubted whether the Bishop of London had any jurisdiction in the transatlantic colonies. He, therefore, requested that he might have till to-morrow morning, to inform himself of the extent of jurisdiction of the commissary's court in South Carolina. The request was grudgingly granted; and, leaving the court, Whitefield concluded the day by preaching twice in Charleston.
Next morning, July 16, Whitefield, by the advice of his friends, presented an exception against Garden acting as his judge, because he had reason to believe he was prejudiced against him. The commissary read the exception, and refused to accept it. Whitefield protested against all further proceedings, as null and void; and left the court. Being recalled by the apparitor and registrar, he returned, and handed in his exception to be read and filed. Mr. Graham, the commissary's attorney, insisted upon having the exception tried in court; but, as Whitefield had referred it to the examination of six arbitrators (three to be nominated by him, and three by the commissary), Mr. Rutledge, Whitefield's attorney, protested against all further proceedings, and against Whitefield having to appear in court again, until the arbitrators had met, and come to an agreement. Such were the proceedings of the second day. On leaving the court, Whitefield went to James' Island, and read prayers and preached.