The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
The Attorney replied shortly and feebly. The Solicitor spoke at great
length and with great acrimony, and was often interrupted by the
clamours and hisses of the audience. He went so far as to lay it down
that no subject or body of subjects, except the Houses of Parliament,
had a right to petition the King. The galleries were furious; and the
Chief justice himself stood aghast at the effrontery of this venal
turncoat.
At length Wright proceeded to sum up the evidence. His language showed
that the awe in which he stood of the government was tempered by the
awe with which the audience, so numerous, so splendid, and so strongly
excited, had impressed him. He said that he would give no opinion on the
question of the dispensing power, that it was not necessary for him to
do so, that he could not agree with much of the Solicitor's speech, that
it was the right of the subject to petition, but that the particular
petition before the Court was improperly worded, and was, in the
contemplation of law, a libel. Allybone was of the same mind, but, in
giving his opinion, showed such gross ignorance of law and history as
brought on him the contempt of all who heard him. Holloway evaded the
question of the dispensing power, but said that the petition seemed to
him to be such as subjects who think themselves aggrieved are entitled
to present, and therefore no libel. Powell took a bolder course. He
avowed that, in his judgment, the Declaration of Indulgence was a
nullity, and that the dispensing power, as lately exercised, was utterly
inconsistent with all law. If these encroachments of prerogative
were allowed, there was an end of Parliaments. The whole legislative
authority would be in the King. "That issue, gentlemen," he said, "I
leave to God and to your consciences." [400]
It was dark before the jury retired to consider of their verdict. The
night was a night of intense anxiety. Some letters are extant which were
despatched during that period of suspense, and which have therefore an
interest of a peculiar kind. "It is very late," wrote the Papal Nuncio;
"and the decision is not yet known. The judges and the culprits have
gone to their own homes. The jury remain together. Tomorrow we shall
learn the event of this great struggle."
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