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306 At the assizes a true bill was found against the parties for sedition. It was proved at the trial, that the preacher had the consent of the Bishop and the incumbent: and it was alleged in their defence, that the Archbishops had preached in various churches for charities connected with other parishes: and that the House of Lords had attended on some such occasions. The counsel for the prosecution contended that the practice was illegal; but the most extraordinary part of the business was the summing up of the judge, who descended so far to degrade the seat of justice as to tell the jury, that Mr. Hendley probably had permission from Cardinal Alberoni, as well as from the Bishop of Rochester. In our day no judge could so forget himself. The circumstance affords a sad specimen of the state of courts of justice at that time. From the bench of justice, Sir Littleton Powys actually insinuated the most unfounded charges against a respectable clergyman, who was standing before him on a groundless charge of sedition. The jury, after such a charge, found Mr. Hendley and his companions guilty, when the judge inflicted a fine of six shillings and eightpence on each person, telling them that if they were dissatisfied, they might bring a writ of error.

Sir Littleton Powys, the judge, before whom the case was tried, wrote a letter to the Lord Chancellor,