be Unlawful; it is not only Lawful, but his Duty, _Rescribere Principi_; which is all the Bishops had done here, and that in the most humble manner: That as to Matters of Fact alleg'd in the said _Petition_, there cou'd be no Design to Diminish the Prerogative, because the King had no such Prerogative: That the _Petition_ cou'd not be Seditious, because it was Presented to the King in Private, and Alone; Nor False, because the Matter of it was True; Nor Malicious, for the Occasion was not sought, the Thing was press'd upon them; Nor, in short, a Libel, because the Intent was Innocent, and they kept within the Bounds set by the Act of Parliament, that gives the Subject leave to apply to his Prince by Petition, when he is aggriev'd. When the Councel on both sides had done, Chief-Justice _Wright_ summ'd up the Evidence, and told the Jury, That Sometimes the _Dispensing Power_ had been allow'd, as in Richard IId's time, and sometimes deny'd; but that it was a Question out of the present Case; If they believ'd the Petition to be the same that was Presented by the Bishops to the King, then the Publication was sufficiently Prov'd: And whatever tended to Disturb the Government, or make a Stir among the People, was certainly within the Name of _Libellus Famosus_; and his opinion, in short, was, That the Bishops _Petition_ was a _Libel_. Mr. Justice _Holloway_ declar'd, That the End and Intention of every Action was to be Consider'd: That the Bishops were Charg'd with Delivering a _Petition_ which, according to their Defence, was done with all the Humility and Decency imaginable: That the Delivering of a _Petition_ could be no fault, it being the right of every Subject to _Petition_: Therefore, if the Jury were satisfy'd, They did it with no Ill Intention, but only to shew the Reasons for their Disobedience to the King's Command, he cou'd not think it to be a _Libel_. Mr. Justice _Powel_ more plainly declar'd, That He could discern no Sedition or any other Crime fixed upon the Bishops, since there was nothing offer'd by the King's Councel to render the _Petition_ False, Seditious or Malicious. He admonish'd the Jury to Consider that the Contents of the _Petition_ were, That the Bishops Apprehended the _Declaration to be Illegal, as being founded upon a_ Dispensing Power _claim'd by the King_; and that for his Part he did not remember in any Case in all the Law, that there was any such Power in the King, and if not, the _Petition_ could not be a Libel. He concluded with telling them, That he could see no Difference between the King's Power to _Dispense_ with the Laws Ecclesiastical, and his Power to Dispense with any Laws whatsoever: That if this was once allow'd of, there would be no need of Parliaments, and all the Legislature would be in the King, and so he left the Issue to God and their Consciences.