THREE:"Doctor said air was bestAnother matter which he was eager to set right was the captivity of the King of Spain. He had one hundred thousand of his best disciplined and most seasoned troops in Spain, and he was anxious to get them out to meet the approaching[75] Allies. Besides this, he was equally anxious to render the stay of Wellington in the south of France indefensible. To effect these purposes, he determined not only to liberate Ferdinand of Spain, but to send him home under the conditions of a treaty, by which a full exchange of prisoners should be effected, and the continuance of the British there be declared unnecessary. Nay, he did all in his power to embroil the Spaniards with their deliverers, the British. By a treaty Buonaparte recognised Ferdinand VII. and his successors as King of Spain and the Indies, and Ferdinand, on his part, bound himself to maintain the integrity of his empire, and to oblige the British immediately to evacuate every part of Spain. The contracting powers were to maintain their maritime rights against Great Britain; and whilst Buonaparte surrendered all fortresses held by him in Spain, Ferdinand was to continue to all the Spaniards who had adhered to King Joseph the rights, privileges, and property they had enjoyed under him.
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THREE:Here, had the Government been wise, they would have stopped; but they were not contented without experiencing a third defeat. The next morning, the 20th of December, they returned to the charge with an indictment against Mr. Hone for publishing a parody on the Athanasian Creed, called "The Sinecurist's Creed." The old Chief Justice was again on the bench, apparently as resolved as ever, and this time the defendant, on entering the court, appeared pale and exhausted, as he well might, for he had put forth exertions and powers of mind which had astonished the whole country and excited the deepest interest. The Attorney-General humanely offered to postpone the trial, but the defendant preferred to go on. He only begged for a few minutes' delay to enable him to put down a few notes on the Attorney-General's address after that was delivered; but the Chief Justice would not allow him this trifling favour, but said, if the defendant would make a formal request for the purpose, he would put off the trial for a day. This would have injured the cause of the defendant, by making it appear that he was in some degree worsted, and, fatigued as he was, he replied, promptly, "No! I make no such request." William Hone, on this third trial, once more seemed to forget his past fatigues, and rose with a strength that completely cowed the old and fiery judge. He did not desist till he had converted his dictatorial manner into a suppliant one. After quoting many eminent Churchmen as dissentients from the Athanasian Creed, and amongst them Warburton and Tillotson, he added, "Even his lordship's father, the Bishop of Carlisle, he believed, took a similar view of this creed." This was coming too near; and the judge said, "Whatever that opinion was, he has gone, many years ago, where he has had to account for his belief and his opinions. For common delicacy, forbear." "O, my lord," replied the satisfied defendant, "I shall certainly forbear." The judge had profited by the lesson to-day: he gave a much more temperate charge to the jury, and they required only twenty minutes to return the third and final victory of Not Guilty. Never had this arbitrary Government suffered so withering a defeat. The sensation throughout the country was immense. The very next day Lord Ellenborough sent in his announcement of retiring from[131] the bench, and in a very short time he retired from this world altogether (December 13, 1818), it being a settled conviction of the public mind that the mortification of such a putting-down, by a man whom he rose from his sick-bed to extinguish, tended materially to hasten that departure.THE CATHEDRAL OF MILAN.
THREE:On the 13th of July Brougham delivered his speech on slavery, which produced such an impression upon the public mind that it mainly contributed, as he himself admitted, to his election a few weeks afterwards as one of the members for Yorkshirethe proudest position which a Parliamentary representative could occupy. He proposed "that this House do resolve, at the earliest practicable period next Session, to take into its serious consideration the state of the slaves in the colonies of Great Britain, in order to the mitigation and final abolition of slavery; and more especially to the amendment of the administration of justice within the same." Mr. Wilmot Horton brought forward a series of resolutions, by way of evading the difficulty. Sir George Murray, the Colonial Secretary, entreated Mr. Brougham to withdraw his motion, as the public would come to a wrong conclusion from seeing the small numbers that would vote upon it at that late period of the Session, and on the eve of a dissolution. Sir Robert Peel pressed the same consideration, but Mr. Brougham persisted, and in a very thin House the numbers on the division wereAye., 27; noes, 56majority against the motion, 29. This division ended the party struggles of the Session. On the 23rd of July Parliament was prorogued by the king in person, and next day it was dissolved by proclamation. The writs, returnable on the 14th of September, were immediately issued for a general election, which was expected, and proved to be, the most exciting and most important political contest at the hustings recorded in the history of England.
THREE:LORD BROUGHAM.