On the twenty-ninth of June, Westminster Hall, Old and New Palace Yard, and all the neighbouring streets to a great distance were thronged with people. Such an auditory had never before and has never since been assembled in the Court of King's Bench. Thirty-five temporal peers of the realm were counted in the crowd.394All the four judges of the Court were on the bench. Wright, who presided, had been raised to his high place over the heads of many abler and more learned men solely on account of his unscrupulous servility. Allybone was a Papist, and owed his situation to that dispensing power, the legality of which was now in question. Holloway had hitherto been a serviceable tool of the government. Even Powell, whose character for honesty stood high, had borne a part in some proceedings which it is impossible to defend. He had, in the great case of Sir Edward Hales, with some hesitation, it is true, and after some delay, concurred with the majority of the bench, and had thus brought on his character a stain which his honourable conduct on this day completely effaced.
The counsel were by no means fairly matched. The government had required from its law officers services so odious and disgraceful that all the ablest jurists and advocates of the Tory party had, one after another, refused to comply, and had been dismissed from their employments. Sir Thomas Powis, the Attorney General, was scarcely of the third rank in his profession. Sir William Williams, the Solicitor General, had quick parts and dauntless courage: but he wanted discretion; he loved wrangling; he had no command over his temper; and he was hated and despised by all political parties. The most conspicuous assistants of the Attorney and Solicitor were Serjeant Trinder, a Roman Catholic, and Sir Bartholomew Shower, Recorder of London, who had some legal learning, but whose fulsome apologies and endless repetitions were the jest of Westminster Hall. The government had wished to secure the services of Maynard: but he had plainly declared that he could not in conscience do what was asked of him.395On the other side were arrayed almost all the eminent forensic talents of the age. Sawyer and Finch, who, at the time of the accession of James, had been Attorney and Solicitor General, and who, during the persecution of the Whigs in the late reign, had served the crown with but too much vehemence and success, were of counsel for the defendants. With them were joined two persons who, since age had diminished the activity of Maynard, were reputed the two best lawyers that could be found in the Inns of Court: Pemberton, who had, in the time of Charles the Second, been Chief justice of the King's Bench, who had been removed from his high place on account of his humanity and moderation, and who had resumed his practice at the bar; and Pollexfen, who had long been at the head of the Western circuit, and who, though he had incurred much unpopularity by holding briefs for the crown at the Bloody Assizes, and particularly by appearing against Alice Lisle, was known to be at heart a Whig, if not a republican. Sir Creswell Levinz was also there, a man of great knowledge and experience, but of singularly timid nature.
He had been removed from the bench some years before, because he was afraid to serve the purposes of the government. He was now afraid to appear as the advocate of the Bishops, and had at first refused to receive their retainer: but it had been intimated to him by the whole body of attorneys who employed him that, if he declined this brief, he should never have another.396Sir George Treby, an able and zealous Whig, who had been Recorder of London under the old charter, was on the same side. Sir John Holt, a still more eminent Whig lawyer, was not retained for the defence, in consequence, it should seem, of some prejudice conceived against him by Sancroft, but was privately consulted on the case by the Bishop of London.397 The junior counsel for the Bishops was a young barrister named John Somers. He had no advantages of birth or fortune; nor had he yet had any opportunity of distinguishing himself before the eyes of the public: but his genius, his industry, his great and various accomplishments, were well known to a small circle of friends;and, in spite of his Whig opinions, his pertinent and lucid mode of arguing and the constant propriety of his demeanour had already secured to him the ear of the Court of King's Bench. The importance of obtaining his services had been strongly represented to the Bishops by Johnstone; and Pollexfen, it is said, had declared that no man in Westminster Hall was so well qualified to treat a historical and constitutional question as Somers.
