JAMES THE SECOND.

197

The Attorney replied shortly and feebly. The Solicitorspoke at great length and with great acrimony, and was ofteninterrupted by the clamours and hisses of the audience. Hewent so far as to lay it down that no subject or body of sub-jects, except the Houses ofParliament, had a right to petitionthe King. The galleries were furious; and the Chief Justicehimself stood aghast at the effrontery of this venal turncoat.

At length Wright proceeded to sum up the evidence. Hislanguage showed that the awe in which he stood of the go-vernment was tempered by the awe with which the audience,so numerous, so splendid, and so strongly excited, hadimpressed him. He said that he would give no opinion on thequestion of the dispensing power, that it was not necessaryfor him to do so, that he could not agree with much of theSolicitor’s speech, that it was the right of the subject to peti-tion, but that the particular petition before the Court wasimproperly worded, and was, in the contemplation of law,a libel. Allibone was of the same mind, but, in giving hisopinion, showed such gross ignorance of law and history asbrought on him the contempt of all who heard him. Hollowayevaded the question of the dispensing power, but said thatthe petition seemed to him to be such as subjects who thinkthemselves aggrieved are entitled to present, and thereforeno libel. Powell took a bolder course. He avowed that, inhis judgment, the Declaration of Indulgence was a nullity,and that the dispensing power, as lately exercised, wasutterly inconsistent with all law. If these encroachmentsof prerogative were allowed, there was an end of Parliaments.The whole legislative authority would be in the King. “ Thatissue, gentlemen,” he said, “I leave to God and to yourconsciences.”*

It was dark before the jury retired to consider of theirverdict. The night was a night of intense anxiety. Someletters are extant which were despatched during that periodof suspense, and which have therefore an interest of a pe-culiar kind. “It is very late,” wrote the Papal Nuncio;

* See the proceedings in the Collection of State Trials. I have takensome touches from Johnstone, and some from CiUers.

CHAP.

VIII.

1688 .