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.403It 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."404The 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.405The 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."407He 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.
