Atterbury remained in close confinement during some months. He had carried on his correspondence with the exiled family so cautiously that the circumstantial proofs of his guilt, though sufficient to produce entire moral conviction, were not sufficient to justify legal conviction. He could be reached only by a bill of pains and penalties. Such a bill the Whig party, then decidedly predominant in both houses, was quite prepared to support. Many hot-headed members of that party were eager to follow the precedent which had been set in the case of Sir John Fenwick, and to pass an act for cutting off the bishop's head. Cadogan, who commanded the army, a brave soldier, but a headstrong politician, is said to have exclaimed with great vehemence: "Fling him to the lions in the Tower." But the wiser and more humane Walpole was always unwilling to shed blood; and his influence prevailed. When Parliament met, the evidence against the bishop was laid before committees of both houses. Those committees reported that his guilt was proved. In the Commons a resolution, pronouncing him a traitor, was carried by nearly two to one. A bill was then introduced which provided that he should be deprived of his spiritual dignities, that he should be banished for life, and that no British subject should hold any intercourse with him except by the royal permission. This bill passed the Commons with little difficulty. For the bishop, though invited to defend himself, chose to reserve his defence for the assembly of which he was a member. In the Lords the contest was sharp. The young Duke of Wharton, distinguished by his parts, his dissoluteness, and his versatility, spoke for Atterbury with great effect; and Atterbury's own voice was heard for the last time by that unfriendly audience which had so often listened to him with mingled aversion and delight. He produced few witnesses; nor did those witnesses say much that could be of service to him. Among them was Pope. He was called to prove that, while he was an inmate of the palace at Bromley, the bishop's time was completely occupied by literary and domestic matters, and that no leisure was left for plotting. But Pope, who was quite unaccustomed to speak in public, lost his head, and, as he afterwards owned, though he had only ten words to say, made two or three blunders. The bill finally passed the Lords by eighty-three votes to forty-three. The bishops, with a single exception, were in the majority. Their conduct drew on them a sharp taunt from Lord Bathurst, a warm friend of Atterbury and a zealous Tory. "The wild Indians," he said, "give no quarter, because they believe that they shall inherit the skill and prowess of every adversary whom they destroy. Perhaps the animosity of the right reverend prelates to their brother may be explained in the same way."