This scandalous apostasy could not but heighten the interest with which the nation looked forward to the day when the fate of the seven brave confessors of the English Church was to be decided. To pack a jury was now the great object of the King. The crown lawyers were ordered to make strict inquiry as to the sentiments of the persons who were registered in the freeholders' book. Sir Samuel Astry, Clerk of the Crown, whose duty it was, in cases of this description, to select the names, was summoned to the palace, and had an interview with James in the presence of the Chancellor.[1] Sir Samuel seems to have done his best. For, among the forty-eight persons whom he nominated, were said to be several servants of the King, and several Roman Catholics.[2] But as the counsel for the Bishops had a right to strike off twelve, these persons were removed. The crown lawyers also struck off twelve. The list was thus reduced to twenty-four. The first twelve who answered to their names were to try the issue.
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.[3]
All 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
