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THREE:Encouraged by their success against the commercial treaty, the Whigs demanded that the Pretender, according to the Treaty of Peace, should be requested to quit France. It had been proposed by the French Court, and privately acceded to by Anne, that he should take up his residence at Bar-le-duc or Lorraine. The Duke of Lorraine had taken care to inquire whether this would be agreeable to the queen, and was assured by her Minister that it would be quite so. As his territory��though really a portion of France��was nominally an independent territory, it seemed to comply with the terms of the Treaty; but the Whigs knew that this was a weak point, and on the 29th of June Lord Wharton, without any previous notice, moved in the Peers that the Pretender should remove from the Duke of Lorraine's dominions. The Court party was completely taken by surprise, and there was an awkward pause. At length Lord North ventured to suggest that such a request would show distrust of her Majesty; and he asked where was the Pretender to retire to, seeing that most, if not all, the Powers of Europe were on as friendly terms with the king as the Duke of Lorraine. Lord Peterborough sarcastically remarked that as the Pretender had begun his studies at Paris, he might very fitly go and finish them at Rome. No one, however, dared to oppose the motion, which was accordingly carried unanimously. On the 1st of July, only two days afterwards, General Stanhope made a similar motion in the House of Commons, which was equally afraid to oppose it, seeing that the House was still under the Triennial Act, and this was its last session. The slightest expression in favour of the Pretender would have to be answered on the hustings, and there was a long silence. Sir William Whitelock, however, was bold enough to throw out a significant remark, that he remembered the like address being formerly made to the Protector to have King Charles Stuart removed out of France, "leaving to every member's mind to suggest how soon after he returned to the throne of England notwithstanding." The addresses carried up from both Houses were received by the queen with an air of acquiescence, and with promises to do her best to have the Pretender removed. Prior, in Paris, was directed to make the wishes of the public known to the French Government. But this was merely pro forma; it was understood that there was no real earnestness on the part of the English queen or ministry. Prior, writing to Bolingbroke, said that De Torcy asked him questions, which for the best reason in the world he did not answer; as, for instance, "How can we oblige a man to go from one place when we forbid all others to receive him?" In fact, the Abb�� Gualtier, in his private correspondence, assures us that Bolingbroke himself suggested to the Duke of Lorraine the pretexts for eluding the very commands that he publicly sent him.This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.

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