ut 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."

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 attenti