ONE: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.
FORE:Mar had left London on the 2nd of August to raise the Highlands. In order to blind the agents of Government he ordered a royal leve on the 1st, and on the following night got on board a collier bound for Newcastle, attended by Major-General Hamilton and Colonel Hay. From Newcastle they got to the coast of Fife in another vessel. On the 6th of September he raised the standard of the Chevalier at Kirkmichael, a village of Braemar. He was then attended by only sixty men, and the Highland chiefs, extremely alive to omens, were startled by the gilt ball falling from the summit of the pole as it was planted in the ground. The standard was consecrated by prayers, and he was in a few days joined by about five hundred of his own vassals. The gentlemen who came on horseback, only about twenty at first, soon became several hundreds, and were named the Royal Squadron. The white cockade was assumed as the badge of the insurgent army, and clan after clan came in; first the Mackintoshes, five hundred in number, who seized on Inverness. James was proclaimed by Panmure at Brechin, by the Earl[29] Marshal at Aberdeen, by Lord Huntly at Gordon, and by Graham, the brother of Claverhouse, at Dundee. Colonel Hay, brother of the Earl of Kinnaird, seized Perth, and in a very short time the country north of the Tay was in the hands of the insurgents.
Explore Template
Subscribe Right Now