The History of England, from the Accession of James the Second - Volume 2 by Thomas Babington Macaulay (free reads txt) 📕

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."

The solicitor for the Bishops sate up all night with a body of servants on the stairs leading to the room where the jury was, consulting. It was absolutely necessary to watch the officers who watched the doors; for those officers were supposed to be in the interest of the crown, and might, if not carefully observed, have furnished a courtly juryman with food, which would have enabled him to starve out the other eleven. Strict guard was therefore kept. Not even a candle to light a pipe was permitted to enter. Some basins of water for washing were suffered to pass at about four in the morning. The jurymen, raging with thirst, soon lapped up the whole. Great numbers of people walked the neighbouring streets till dawn. Every hour a messenger came from Whitehall to know what was passing. Voices, high in altercation, were repeatedly heard within the room: but nothing certain was known.401

At first nine were for acquitting and three for convicting. Two of the minority soon gave way; but Arnold was obstinate. Thomas Austin, a country gentleman of great estate, who had paid close attention to the evidence and speeches, and had taken full notes, wished to argue the question. Arnold declined. He was not used, he doggedly said, to reasoning and debating. His conscience was not satisfied; and he should not acquit the Bishops. "If you come to that," said Austin, "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 before Arnold yielded. It was soon known that the jury were agreed: but what the verdict would be was still a secret.402

At ten the Court again met. The crowd was greater than ever. The jury appeared in their box; and there was a breathless stillness.

Sir Samuel Astry spoke. "Do you find the defendants, or any of them, guilty of the misdemeanour whereof they are impeached, or not guilty?" Sir Roger Langley answered, "Not guilty." As the words passed his lips, Halifax sprang up and waved his hat. At that signal, benches and galleries raised a shout. In a moment ten thousand persons, who crowded the great hall, replied with a still louder shout, which made the old oaken roof crack; and in another moment the innumerable throng without set up a third huzza, which was heard at Temple Bar. The boats which covered the Thames, gave an answering cheer. A peal of gunpowder was heard on the water, and another, and another; and so, in a few moments, the glad tidings went flying past the Savoy and the Friars to London Bridge, and to the forest of masts below. As the news spread, streets and squares, market places and coffeehouses, broke forth into acclamations. Yet were the acclamations less strange than the weeping. For the feelings of men had been wound up to such a point that at length the stern English nature, so little used to outward signs of emotion, gave way, and thousands sobbed aloud for very joy. Meanwhile, from the outskirts of the multitude, horsemen were spurring off to bear along all the great roads intelligence of the victory of our Church and nation. Yet not even that astounding explosion could awe the bitter and intrepid spirit of the Solicitor. Striving to make himself heard above the din, he called on the judges to commit those who had violated, by clamour, the dignity of a court of justice. One of the rejoicing populace was seized. But the tribunal felt that it would be absurd to punish a single individual for an offence common to hundreds of thousands, and dismissed him with a gentle reprimand.403

It was vain to think of passing at that moment to any other business. Indeed the roar of the multitude was such that, for half an hour, scarcely a word could be heard in court. Williams got to his coach amidst a tempest of hisses and curses. Cartwright, whose curiosity was ungovernable, had been guilty of the folly and indecency of coming to Westminster in order to hear the decision. He was recognised by his sacerdotal garb and by his corpulent figure, and was hooted through the hall. "Take care," said one, "of the wolf in sheep's clothing." "Make room," cried another, "for the man with the Pope in his belly."404

The acquitted prelates took refuge from the crowd which implored their blessing in the nearest chapel where divine service was performing. Many churches were open on that morning throughout the capital; and many pious persons repaired thither. The bells of all the parishes of the City and liberties were ringing. The jury meanwhile could scarcely make their way out of the hall. They were forced to shake hands with hundreds. "God bless you," cried the people; "God prosper your families; you have done like honest goodnatured gentlemen; you have saved us all today." As the noblemen who had appeared to support the good cause drove off, they flung from their carriage windows handfuls of money, and bade the crowd drink to the health of the King, the Bishops, and the jury.405

The Attorney went with the tidings to Sunderland, who happened to be conversing with the Nuncio. "Never," said Powis, "within man's memory, have there been such shouts and such tears of joy as today."406 The King had that morning visited the camp on Hounslow Heath. Sunderland instantly sent a courier thither with the news. James was in Lord Feversham's tent when the express arrived. He was greatly disturbed, and exclaimed in French, "So much the worse for them." He soon set out for London. While he was present, respect prevented the soldiers from giving a loose to their feelings; but he had scarcely quitted the camp when he heard a great shouting behind him. He was surprised, and asked what that uproar meant. "Nothing," was the answer: "the soldiers are glad that the Bishops are acquitted." "Do you call that nothing? "said James. And then he repeated, "So much the worse for them."407

He might well be out of temper. His defeat had been complete and most humiliating. Had the prelates escaped on account of some technical defect in the case for the crown, had they escaped because they had not written the petition in Middlesex, or because it was impossible to prove, according to the strict rules of law, that they had delivered to the King the paper for which they were called in question, the prerogative would have suffered no shock. Happily for the country, the fact of publication had been fully established. The counsel for the defence had therefore been forced to attack the dispensing power. They had attacked it with great learning, eloquence, and boldness. The advocates of the government had been by universal acknowledgment overmatched in the contest. Not a single judge had ventured to declare that the Declaration of Indulgence was legal. One Judge had in the strongest terms pronounced it illegal. The language of the whole town was that the dispensing power had received a fatal blow. Finch, who had the day before been universally reviled, was now universally applauded. He had been unwilling, it was said, to let the case be decided in a way which would have left the great constitutional question still doubtful. He had felt that a verdict which should acquit his clients, without condemning the Declaration of Indulgence, would be but half a victory. It is certain that Finch deserved neither the reproaches which had been cast on him while the event was doubtful, nor the praises which he received when it had proved happy. It was absurd to blame him because, during the short delay which he occasioned, the crown lawyers unexpectedly discovered new evidence. It was equally absurd to suppose that he deliberately exposed his clients to risk, in order to establish a general principle: and still more absurd was it to praise him for what would have been a gross violation of professional duty.

That joyful day was followed by a not less joyful night. The Bishops, and some of their most respectable friends, in vain exerted themselves to prevent tumultuous demonstrations of joy. Never within the memory of the oldest, not even on that evening on which it was known through London that the army of Scotland had declared for a free Parliament, had the streets been in such a glare with bonfires. Round every bonfire crowds were drinking good health to the Bishops and confusion to the Papists. The windows were lighted with rows of candles. Each row consisted of seven; and the taper in the centre, which was taller than the rest, represented the Primate. The noise of rockets, squibs, and firearms, was incessant. One huge pile of faggots blazed right in front of the great gate of Whitehall. Others were lighted before the doors of Roman Catholic Peers. Lord Arundell of Wardour wisely quieted the mob with a little money: but at Salisbury House in the Strand an attempt at resistance was made. Lord Salisbury's servants sallied out and fired: but they killed only the unfortunate beadle of the parish, who had come thither to put out the fire; and they were soon routed and driven back into the house. None of the spectacles of that night interested the common people so much as one with which they had, a few years before, been familiar, and which they now, after a long interval, enjoyed once more, the burning of the Pope. This once familiar pageant is known to our generation only by descriptions and engravings. A figure, by no means resembling those rude representations of Guy Faux which are still paraded on the fifth of November, but made of wax with some skill, and adorned at no small expense with robes and a tiara, was mounted on a chair resembling that in which the Bishops of Rome are still, on some great festivals, borne through Saint Peter's Church to the high altar. His Holiness was generally accompanied by a train of Cardinals and Jesuits. At his ear stood a buffoon disguised as a devil with horns and tail. No rich and zealous Protestant grudged his guinea on such an occasion, and, if rumour could be trusted, the cost of the procession was sometimes not less than a thousand pounds. After the Pope had been borne some time in state over the heads of the multitude, he