History has judged James II. severely; less distrustful or less prejudiced than the English people and the Prince of Orange, it has ceased to question the legitimacy of his son. On the 29th of June, already at the break of day, the neighborhood of Westminster Hall was thronged with people; the jury, chosen with care by the agents of the crown, was assembled in the Court of King's Bench. They awaited the arrival of the bishops, who came accompanied by the most distinguished advocates of that day. Thirty-nine peers of the realm were in the audience. The discussion was long, close, and often passionate; it turned upon the right of subjects to present a petition which had not the character of a _libel_. Two of the judges decided in favor of the bishops. "The Declaration of Indulgence is null according to my judgment," said Powell; "and the dispensing power, as lately exercised, is utterly inconsistent with all law. If these encroachments of prerogative are allowed, there is an end of Parliaments. The whole legislative authority would be in the king. That issue, gentlemen, I leave to God and to your consciences." Night had come; the jury retired. "It is very late," wrote the Papal Nuncio, "and the decision is not yet known. The judges and the culprits have gone to their homes. The jury remain together. To-morrow we shall learn the issue of this great struggle." The consultation was violent. Those who watched upon the stairs heard confused voices and angry ejaculations. At first nine were for acquittal. Two of the minority soon gave away; but Arnold remained obstinate. "Whatever I do," he said, "I am sure to be half ruined. If I say Not guilty, I shall brew no more for the king; and if I say Guilty, I shall brew no more for anybody else. I am not accustomed to reasoning and debating, and my conscience is not satisfied; I shall not acquit the bishops." {441} Austin, a rich country gentleman, earnestly in favor of the prelates, replied: "If you come to that, look at me. I am the largest and strongest of the twelve; and before I find such a petition as this a libel, here I will stay till I am no bigger than a tobacco pipe." It was six in the morning when Arnold finally yielded. The court reassembled at ten. "Not guilty," announced Sir Roger Langley, the chief of the jury. Lord Halifax sprang from his seat and waved his hat. At this signal shouts of joy burst forth in the great hall; these were repeated by the thousands filling the old palace yard.