CHAPTER XXII

Military Operations in the Netherlands--Commercial Crisis in

England--Financial Crisis--Efforts to restore the Currency--Distress of

the People; their Temper and Conduct--Negotiations with France; the

Duke of Savoy deserts the Coalition--Search for Jacobite Conspirators

in England; Sir John Fenwick--Capture of Fenwick--Fenwick's

Confession--Return of William to England--Meeting of Parliament;

State of the Country; Speech of William at the Commencement of

the Session--Resolutions of the House of Commons--Return of

Prosperity--Effect of the Proceedings of the House of Commons on

Foreign Governments--Restoration of the Finances--Effects of Fenwick's

Confession--Resignation of Godolphin--Feeling of the Whigs

about Fenwick--William examines Fenwick--Disappearance of

Goodman--Parliamentary Proceedings touching Fenwick's Confession--Bill

for attainting Fenwick--Debates of the Commons on the Bill of

Attainder--The Bill of Attainder carried up to the Lords--Artifices of

Monmouth--Debates of the Lords on the Bill of Attainder--Proceedings

against Monmouth--Position and Feelings of Shrewsbury--The Bill of

Attainder passed; Attempts to save Fenwick--Fenwick's Execution;

Bill for the Regulating of Elections--Bill for the Regulation of

the Press--Bill abolishing the Privileges of Whitefriars and the

Savoy--Close of the Session; Promotions and Appointments--State of

Ireland--State of Scotland--A Session of Parliament at Edinburgh;

Act for the Settling of Schools--Case of Thomas Aikenhead--Military

Operations in the Netherlands--Terms of Peace offered by France--Conduct

of Spain; Conduct of the Emperor--Congress of Ryswick--William opens a

distinct Negotiation--Meetings of Portland and Boufflers--Terms of Peace

between France and England settled--Difficulties caused by Spain and the

Emperor--Attempts of James to prevent a general Pacification--The Treaty

of Ryswick signed; Anxiety in England--News of the Peace arrives in

England--Dismay of the Jacobites--General Rejoicing--The King's Entry

into London--The Thanksgiving Day

ON the seventh of May 1696, William landed in Holland. [692] Thence he

proceeded to Flanders, and took the command of the allied forces, which

were collected in the neighbourhood of Ghent. Villeroy and Boufflers

were already in the field. All Europe waited impatiently for great news

from the Netherlands, but waited in vain. No aggressive movement was

made. The object of the generals on both sides was to keep their troops

from dying of hunger; and it was an object by no means easily attained.

The treasuries both of France and England were empty. Lewis had,

during the winter, created with great difficulty and expense a gigantic

magazine at Givet on the frontier of his kingdom. The buildings were

commodious and of vast extent. The quantity of provender laid up in

them for horses was immense. The number of rations for men was commonly

estimated at from three to four millions. But early in the spring

Athlone and Cohorn had, by a bold and dexterous move, surprised Givet,

and had utterly destroyed both storehouses and stores. [693] France,

already fainting from exhaustion, was in no condition to repair such a

loss. Sieges such as those of Mons and Namur were operations too costly

for her means. The business of her army now was, not to conquer, but to

subsist.

The army of William was reduced to straits not less painful. The

material wealth of England, indeed, had not been very seriously impaired

by the drain which the war had caused; but she was suffering severely

from the defective state of that instrument by which her material wealth

was distributed.

Saturday, the second of May, had been fixed by Parliament as the last

day on which the clipped crowns, halfcrowns and shillings were to be

received by tale in payment of taxes. [694] The Exchequer was besieged

from dawn till midnight by an immense multitude. It was necessary to

call in the guards for the purpose of keeping order. On the following

Monday began a cruel agony of a few months, which was destined to be

succeeded by many years of almost unbroken prosperity. [695]

Most of the old silver had vanished. The new silver had scarcely made

its appearance. About four millions sterling, in ingots and hammered

coin, were lying in the vaults of the Exchequer; and the milled money as

yet came forth very slowly from the Mint. [696] Alarmists predicted that

the wealthiest and most enlightened kingdom in Europe would be reduced

to the state of those barbarous societies in which a mat is bought with

a hatchet, and a pair of mocassins with a piece of venison.

There were, indeed, some hammered pieces which had escaped mutilation;

and sixpences not clipped within the innermost ring were still current.

This old money and the new money together made up a scanty stock of

silver, which, with the help of gold, was to carry the nation through

the summer. [697] The manufacturers generally contrived, though with

extreme difficulty, to pay their workmen in coin. [698] The upper

classes seem to have lived to a great extent on credit. Even an opulent

man seldom had the means of discharging the weekly bills of his baker

and butcher. [699] A promissory note, however, subscribed by such a man,

was readily taken in the district where his means and character were

well known. The notes of the wealthy moneychangers of Lombard Street

circulated widely. [700] The paper of the Bank of England did much

service, and would have done more, but for the unhappy error into which

the Parliament had recently been led by Harley and Foley. The confidence

which the public had felt in that powerful and opulent Company had been

shaken by the Act which established the Land Bank. It might well be

doubted whether there would be room for the two rival institutions; and

of the two, the younger seemed to be the favourite of the government and

of the legislature. The stock of the Bank of England had gone rapidly

down from a hundred and ten to eighty-three. Meanwhile the goldsmiths,

who had from the first been hostile to that great corporation, were

plotting against it. They collected its paper from every quarter; and on

the fourth of May, when the Exchequer had just swallowed up most of the

old money, and when scarcely any of the new money had been issued, they

flocked to Grocers' Hall, and insisted on immediate payment. A single

goldsmith demanded thirty thousand pounds. The Directors, in this

extremity, acted wisely and firmly. They refused to cash the notes which

had been thus maliciously presented, and left the holders to seek a

remedy in Westminster Hall. Other creditors, who came in good faith to

ask for their due, were paid. The conspirators affected to triumph over

the powerful body, which they hated and dreaded. The bank which had

recently begun to exist under such splendid auspices, which had seemed

destined to make a revolution in commerce and in finance, which had been

the boast of London and the envy of Amsterdam, was already insolvent,

ruined, dishonoured. Wretched pasquinades were published, the Trial

of the Land Bank for murdering the Bank of England, the last Will and

Testament of the Bank of England, the Epitaph of the Bank of England,

the Inquest on the Bank of England. But, in spite of all this clamour

and all this wit, the correspondents of the States General reported,

that the Bank of England had not really suffered in the public esteem,

and that the conduct of the goldsmiths was generally condemned. [701]

The Directors soon found it impossible to procure silver enough to meet

every claim which was made on them in good faith. They then bethought

them of a new expedient. They made a call of twenty per cent. on the

proprietors, and thus raised a sum which enabled them to give every

applicant fifteen per cent. in milled money on what was due to him. They

returned him his note, after making a minute upon it that part had

been paid. [702] A few notes thus marked are still preserved among the

archives of the Bank, as memorials of that terrible year. The paper

of the Corporation continued to circulate, but the value fluctuated

violently from day to day, and indeed from hour to hour; for the public

mind was in so excitable a state that the most absurd lie which a

stockjobber could invent sufficed to send the price up or down. At one

time the discount was only six per cent., at another time twenty-four

per cent. A tenpound note, which had been taken in the morning as worth

more than nine pounds, was often worth less than eight pounds before

night. [703]

Another, and, at that conjuncture, a more effectual substitute for

a metallic currency, owed its existence to the ingenuity of Charles

Montague. He had succeeded in engrafting on Harley's Land Bank Bill a

clause which empowered the government to issue negotiable paper bearing

interest at the rate of threepence a day on a hundred pounds. In the

midst of the general distress and confusion appeared the first Exchequer

Bills, drawn for various amounts from a hundred pounds down to five

pounds. These instruments were rapidly distributed over the kingdom by

the post, and were every where welcome. The Jacobites talked violently

against them in every coffeehouse, and wrote much detestable verse

against them, but to little purpose. The success of the plan was such,

that the ministers at one time resolved to issue twentyshilling bills,

and even fifteenshilling bills, for the payment of the troops. But it

does not appear that this resolution was carried into effect. [704]

It is difficult to imagine how, without the Exchequer Bills, the

government of the country could have been carried on during that year.

Every source of revenue had been affected by the state of the currency;

and one source, on which the Parliament had confidently reckoned for the

means of defraying more than half the charge of the war, had yielded not

a single farthing.

The sum expected from the Land Bank was near two million six hundred

thousand pounds. Of this sum one half was to be subscribed, and one

quarter paid up by the first of August. The King, just before his

departure, had signed a warrant appointing certain commissioners, among

whom Harley and Foley were the most eminent, to receive the names of the

contributors. [705] A great meeting of persons interested in the scheme

was held in the Hall of the Middle Temple. One office was opened at

Exeter Change, another at Mercers' Hall. Forty agents went down into the

country, and announced to the landed gentry of every shire the approach

of the golden age of high rents and low interest. The Council of

Regency, in order to set an example to the nation, put down the King's

name for five thousand pounds; and the newspapers assured the world that

the subscription would speedily be filled. [706] But when three weeks

had passed away, it was found that only fifteen hundred pounds had been

added to the five thousand contributed by the King. Many wondered at

this; yet there was little cause for wonder. The sum which the friends

of the project had undertaken to raise was a sum which only the enemies

of the project could furnish. The country gentlemen wished well to

Harley's scheme; but they wished well to it because they wanted to

borrow money on easy terms; and, wanting to borrow money, they of course

were not able to lend it. The moneyed class alone could supply what

was necessary to the existence of the Land Bank; and the Land Bank was

avowedly intended to diminish the profits, to destroy the political

influence and to lower the social position of the moneyed class. As the

usurers did not choose to take on themselves the expense of putting down

usury, the whole plan failed in a manner which, if the aspect of public

affairs had been less alarming, would have been exquisitely ludicrous.

The day drew near. The neatly ruled pages of the subscription book at

Mercers' Hall were still blank. The Commissioners stood aghast. In

their distress they applied to the government for indulgence. Many great

capitalists, they said, were desirous to subscribe, but stood aloof

because the terms were too hard. There ought to be some relaxation.

Would the Council of Regency consent to an abatement of three hundred

thousand pounds? The finances were in such a state, and the letters in

which the King represented his wants were so urgent, that the Council

of Regency hesitated. The Commissioners were asked whether they would

engage to raise the whole sum, with this abatement. Their answer was

unsatisfactory. They did not venture to say that they could command

more than eight hundred thousand pounds. The negotiation was, therefore,

broken off. The first of August came; and the whole amount contributed

by the whole nation to the magnificent undertaking from which so much

had been expected was two thousand one hundred pounds. [707]

Just at this conjuncture Portland arrived from the Continent. He had

been sent by William with charge to obtain money, at whatever cost

and from whatever quarter. The King had strained his private credit

in Holland to procure bread for his army. But all was insufficient. He

wrote to his Ministers that, unless they could send him a speedy supply,

his troops would either rise in mutiny or desert by thousands. He knew,

he said, that it would be hazardous to call Parliament together during

his absence. But, if no other resource could be devised, that hazard

must be run. [708] The Council of Regency, in extreme embarrassment,

began to wish that the terms, hard as they were, which had been offered

by the Commissioners at Mercers' Hall had been accepted. The negotiation

was renewed. Shrewsbury, Godolphin and Portland, as agents for the

King, had several conferences with Harley and Foley, who had recently

pretended that eight hundred thousand pounds were ready to be subscribed

to the Land Bank. The Ministers gave assurances, that, if, at this

conjuncture, even half that sum were advanced, those who had done this

service to the State should, in the next session, be incorporated as a

National Land Bank. Harley and Foley at first promised, with an air of

confidence, to raise what was required. But they soon went back from

their word; they showed a great inclination to be punctilious and

quarrelsome about trifles; at length the eight hundred thousand pounds

dwindled to forty thousand; and even the forty thousand could be had

only on hard conditions. [709] So ended the great delusion of the Land

Bank. The commission expired; and the offices were closed.

And now the Council of Regency, almost in despair, had recourse to the

Bank of England. Two hundred thousand pounds was the very smallest sum

which would suffice to meet the King's most pressing wants. Would the

Bank of England advance that sum? The capitalists who lead the chief

sway in that corporation were in bad humour, and not without reason. But

fair words, earnest entreaties and large promises were not spared; all

the influence of Montague, which was justly great, was exerted; the

Directors promised to do their best; but they apprehended that it would

be impossible for them to raise the money without making a second call

of twenty per cent. on their constituents. It was necessary that the

question should be submitted to a General Court; in such a court more

than six hundred persons were entitled to vote; and the result might

well be doubted. The proprietors were summoned to meet on the fifteenth

of August at Grocers' Hall. During the painful interval of suspense,

Shrewsbury wrote to his master in language more tragic than is often

found in official letters. "If this should not succeed, God knows what

can be done. Any thing must be tried and ventured rather than lie down

and die." [710] On the fifteenth of August, a great epoch in the history

of the Bank, the General Court was held. In the chair sate Sir John

Houblon, the Governor, who was also Lord Mayor of London, and, what

would in our time be thought strange, a Commissioner of the Admiralty.

Sir John, in a speech, every word of which had been written and had been

carefully considered by the Directors, explained the case, and implored

the assembly to stand by King William. There was at first a little

murmuring. "If our notes would do," it was said, "we should be most

willing to assist His Majesty; but two hundred thousand pounds in hard

money at a time like this." The Governor announced explicitly that

nothing but gold or silver would supply the necessities of the army in

Flanders. At length the question was put to the vote; and every hand in

the Hall was held up for sending the money. The letters from the Dutch

Embassy informed the States General that the events of that day had

bound the Bank and the government together in close alliance, and that

several of the ministers had, immediately after the meeting, purchased

stock merely in order to give a pledge of their attachment to the body

which had rendered so great a service to the State. [711]

Meanwhile strenuous exertions were making to hasten the recoinage. Since

the Restoration the Mint had, like every other public establishment in

the kingdom, been a nest of idlers and jobbers. The important office of

Warden, worth between six and seven hundred a year, had become a mere

sinecure, and had been filled by a succession of fine gentlemen,

who were well known at the hazard table of Whitehall, but who never

condescended to come near the Tower. This office had just become vacant,

and Montague had obtained it for Newton. [712] The ability, the industry

and the strict uprightness of the great philosopher speedily produced

a complete revolution throughout the department which was under his

direction. [713] He devoted himself to his task with an activity which

left him no time to spare for those pursuits in which he had surpassed

Archimedes and Galileo. Till the great work was completely done, he

resisted firmly, and almost angrily, every attempt that was made by men

of science, here or on the Continent, to draw him away from his official

duties. [714] The old officers of the Mint had thought it a great feat

to coin silver to the amount of fifteen thousand pounds in a week.

When Montague talked of thirty or forty thousand, these men of form

and precedent pronounced the thing impracticable. But the energy of

the young Chancellor of the Exchequer and of his friend the Warden

accomplished far greater wonders. Soon nineteen mills were going at once

in the Tower. As fast as men could be trained to the work in London,

bands of them were sent off to other parts of the kingdom. Mints

were established at Bristol, York, Exeter, Norwich and Chester. This

arrangement was in the highest degree popular. The machinery and the

workmen were welcomed to the new stations with the ringing of bells and

the firing of guns. The weekly issue increased to sixty thousand pounds,

to eighty thousand, to a hundred thousand, and at length to a hundred

and twenty thousand. [715] Yet even this issue, though great, not only

beyond precedent, but beyond hope, was scanty when compared with the

demands of the nation. Nor did all the newly stamped silver pass into

circulation; for during the summer and autumn those politicians who were

for raising the denomination of the coin were active and clamorous;

and it was generally expected that, as soon as the Parliament should

reassemble, the standard would be lowered. Of course no person who

thought it probable that he should, at a day not far distant, be able

to pay a debt of a pound with three crown pieces instead of four, was

willing to part with a crown piece, till that day arrived. Most of the

milled pieces were therefore hoarded. [716] May, June and July passed

away without any perceptible increase in the quantity of good money. It

was not till August that the keenest observer could discern the first

faint signs of returning prosperity. [717]

The distress of the common people was severe, and was aggravated by the

follies of magistrates and by the arts of malecontents. A squire who was

one of the quorum would sometimes think it his duty to administer to his

neighbours, at this trying conjuncture, what seemed to him to be equity;

and as no two of these rural praetors had exactly the same notion of

what was equitable, their edicts added confusion to confusion. In one

parish people were, in outrageous violation of the law, threatened with

the stocks, if they refused to take clipped shillings by tale. In the

next parish it was dangerous to pay such shillings except by weight.

[718] The enemies of the government, at the same time, laboured

indefatigably in their vocation. They harangued in every place of public

resort, from the Chocolate House in Saint James's Street to the sanded

kitchen of the alehouse on the village green. In verse and prose they

incited the suffering multitude to rise up in arms. Of the tracts

which they published at this time, the most remarkable was written by

a deprived priest named Grascombe, of whose ferocity and scurrility the

most respectable nonjurors had long been ashamed. He now did his best

to persuade the rabble to tear in pieces those members of Parliament

who had voted for the restoration of the currency. [719] It would be too

much to say that the malignant industry of this man and of men like him

produced no effect on a population which was doubtless severely tried.

There were riots in several parts of the country, but riots which were

suppressed with little difficulty, and, as far as can be discovered,

without the shedding of a drop of blood. [720] In one place a crowd of

poor ignorant creatures, excited by some knavish agitator, besieged the

house of a Whig member of Parliament, and clamorously insisted on having

their short money changed. The gentleman consented, and desired to know

how much they had brought. After some delay they were able to produce a

single clipped halfcrown. [721] Such tumults as this were at a distance

exaggerated into rebellions and massacres. At Paris it was gravely

asserted in print that, in an English town which was not named, a

soldier and a butcher had quarrelled about a piece of money, that the

soldier had killed the butcher, that the butcher's man had snatched up

a cleaver and killed the soldier, that a great fight had followed, and

that fifty dead bodies had been left on the ground. [722] The truth

was, that the behaviour of the great body of the people was beyond

all praise. The judges when, in September, they returned from their

circuits, reported that the temper of the nation was excellent. [723]

There was a patience, a reasonableness, a good nature, a good faith,

which nobody had anticipated. Every body felt that nothing but mutual

help and mutual forbearance could prevent the dissolution of society. A

hard creditor, who sternly demanded payment to the day in milled money,

was pointed at in the streets, and was beset by his own creditors with

demands which soon brought him to reason. Much uneasiness had been felt

about the troops. It was scarcely possible to pay them regularly; if

they were not paid regularly, it might well be apprehended that they

would supply their wants by rapine; and such rapine it was certain that

the nation, altogether unaccustomed to military exaction and oppression,

would not tamely endure. But, strange to say, there was, through this

trying year, a better understanding than had ever been known between

the soldiers and the rest of the community. The gentry, the farmers,

the shopkeepers supplied the redcoats with necessaries in a manner

so friendly and liberal that there was no brawling and no marauding.

"Severely as these difficulties have been felt," L'Hermitage writes,

"they have produced one happy effect; they have shown how good the

spirit of the country is. No person, however favourable his opinion

of the English may have been, could have expected that a time of such

suffering would have been a time of such tranquillity." [724]

Men who loved to trace, in the strangely complicated maze of human

affairs, the marks of more than human wisdom, were of opinion that, but

for the interference of a gracious Providence, the plan so elaborately

devised by great statesmen and great philosophers would have failed

completely and ignominiously. Often, since the Revolution, the English

had been sullen and querulous, unreasonably jealous of the Dutch, and

disposed to put the worst construction on every act of the King. Had

the fourth of May found our ancestors in such a mood, it can scarcely be

doubted that sharp distress, irritating minds already irritable, would

have caused an outbreak which must have shaken and might have subverted

the throne of William. Happily, at the moment at which the loyalty of

the nation was put to the most severe test, the King was more popular

than he had ever been since the day on which the Crown was tendered to

him in the Banqueting House. The plot which had been laid against his

life had excited general disgust and horror. His reserved manners, his

foreign attachments were forgotten. He had become an object of personal

interest and of personal affection to his people. They were every where

coming in crowds to sign the instrument which bound them to defend and

to avenge him. They were every where carrying about in their hats the

badges of their loyalty to him. They could hardly be restrained from

inflicting summary punishment on the few who still dared openly to

question his title. Jacobite was now a synonyme for cutthroat. Noted

Jacobite laymen had just planned a foul murder. Noted Jacobite priests

had, in the face of day, and in the administration of a solemn ordinance

of religion, indicated their approbation of that murder. Many honest and

pious men, who thought that their allegiance was still due to James, had

indignantly relinquished all connection with zealots who seemed to think

that a righteous end justified the most unrighteous means. Such was

the state of public feeling during the summer and autumn of 1696; and

therefore it was that hardships which, in any of the seven preceding

years, would certainly have produced a rebellion, and might perhaps

have produced a counterrevolution, did not produce a single tumult too

serious to be suppressed by the constable's staff.

Nevertheless, the effect of the commercial and financial crisis in

England was felt through all the fleets and armies of the coalition. The

great source of subsidies was dry. No important military operation could

any where be attempted. Meanwhile overtures tending to peace had been

made, and a negotiation had been opened. Callieres, one of the ablest

of the many able envoys in the service of France, had been sent to

the Netherlands, and had held many conferences with Dykvelt. Those

conferences might perhaps have come to a speedy and satisfactory close,

had not France, at this time, won a great diplomatic victory in another

quarter. Lewis had, during seven years, been scheming and labouring in

vain to break the great array of potentates whom the dread of his might

and of his ambition had brought together and kept together. But, during

seven years, all his arts had been baffled by the skill of William; and,

when the eighth campaign opened, the confederacy had not been weakened

by a single desertion. Soon however it began to be suspected that the

Duke of Savoy was secretly treating with the enemy. He solemnly assured

Galway, who represented England at the Court of Turin, that there

was not the slightest ground for such suspicions, and sent to William

letters filled with professions of zeal for the common cause, and with

earnest entreaties for more money. This dissimulation continued till a

French army, commanded by Catinat, appeared in Piedmont. Then the Duke

threw off his disguise, concluded peace with France, joined his troops

to those of Catinat, marched into the Milanese, and informed the allies

whom he had just abandoned that, unless they wished to have him for an

enemy, they must declare Italy neutral ground. The Courts of Vienna

and Madrid, in great dismay, submitted to the terms which he dictated.

William expostulated and protested in vain. His influence was no longer

what it had been. The general opinion of Europe was, that the riches

and the credit of England were completely exhausted; and both her

confederates and her enemies imagined that they might safely treat her

with indignity. Spain, true to her invariable maxim that every thing

ought to be done for her and nothing by her, had the effrontery to

reproach the Prince to whom she owed it that she had not lost the

Netherlands and Catalonia, because he had not sent troops and ships

to defend her possessions in Italy. The Imperial ministers formed and

executed resolutions gravely affecting the interests of the coalition

without consulting him who had been the author and the soul of the

coalition. [725] Lewis had, after the failure of the Assassination Plot,

made up his mind to the disagreeable necessity of recognising William,

and had authorised Callieres to make a declaration to that effect. But

the defection of Savoy, the neutrality of Italy, the disunion among the

allies, and, above all, the distresses of England, exaggerated as they

were in all the letters which the Jacobites of Saint Germains received

from the Jacobites of London, produced a change. The tone of Callieres

became high and arrogant; he went back from his word, and refused to

give any pledge that his master would acknowledge the Prince of Orange

as King of Great Britain. The joy was great among the nonjurors. They

had always, they said, been certain that the Great Monarch would not be

so unmindful of his own glory and of the common interest of Sovereigns

as to abandon the cause of his unfortunate guests, and to call an

usurper his brother. They knew from the best authority that His Most

Christian Majesty had lately, at Fontainebleau, given satisfactory

assurances on this subject to King James. Indeed, there is reason

to believe that the project of an invasion of our island was again

seriously discussed at Versailles. [726] Catinat's army was now at

liberty. France, relieved from all apprehension on the side of Savoy,

might spare twenty thousand men for a descent on England; and, if the

misery and discontent here were such as was generally reported, the

nation might be disposed to receive foreign deliverers with open arms.

So gloomy was the prospect which lay before William, when, in the

autumn of 1696, he quitted his camp in the Netherlands for England. His

servants here meanwhile were looking forward to his arrival with very

strong and very various emotions. The whole political world had

been thrown into confusion by a cause which did not at first appear

commensurate to such an effect.

During his absence, the search for the Jacobites who had been concerned

in the plots of the preceding winter had not been intermitted; and of

these Jacobites none was in greater peril than Sir John Fenwick. His

birth, his connections, the high situations which he had filled, the

indefatigable activity with which he had, during several years, laboured

to subvert the government, and the personal insolence with which he had

treated the deceased Queen, marked him out as a man fit to be made an

example. He succeeded, however, in concealing himself from the officers

of justice till the first heat of pursuit was over. In his hiding place

he thought of an ingenious device which might, as he conceived, save him

from the fate of his friends Charnock and Parkyns. Two witnesses were

necessary to convict him. It appeared from what had passed on the trials

of his accomplices, that there were only two witnesses who could prove

his guilt, Porter and Goodman. His life was safe if either of these men

could be persuaded to abscond.

Fenwick was not the only person who had strong reason to wish that

Porter or Goodman, or both, might be induced to leave England. Aylesbury

had been arrested, and committed to the Tower; and he well knew that, if

these men appeared against him, his head would be in serious danger. His

friends and Fenwick's raised what was thought a sufficient sum; and two

Irishmen, or, in the phrase of the newspapers of that day, bogtrotters,

a barber named Clancy, and a disbanded captain named Donelagh, undertook

the work of corruption.

The first attempt was made on Porter. Clancy contrived to fall in with

him at a tavern, threw out significant hints, and, finding that those

hints were favourably received, opened a regular negotiation. The terms

offered were alluring; three hundred guineas down, three hundred more as

soon as the witness should be beyond sea, a handsome annuity for life,

a free pardon from King James, and a secure retreat in France. Porter

seemed inclined, and perhaps was really inclined, to consent. He said

that he still was what he had been, that he was at heart attached to

the good cause, but that he had been tried beyond his strength. Life was

sweet. It was easy for men who had never been in danger to say that none

but a villain would save himself by hanging his associates; but a few

hours in Newgate, with the near prospect of a journey on a sledge

to Tyburn, would teach such boasters to be more charitable. After

repeatedly conferring with Clancy, Porter was introduced to Fenwick's

wife, Lady Mary, a sister of the Earl of Carlisle. Every thing was soon

settled. Donelagh made the arrangements for the flight. A boat was in

waiting. The letters which were to secure to the fugitive the protection

of King James were prepared by Fenwick. The hour and place were fixed at

which Porter was to receive the first instalment of the promised reward.

But his heart misgave him. He had, in truth, gone such lengths that it

would have been madness in him to turn back. He had sent Charnock, King,

Keyes, Friend, Parkyns, Rookwood, Cranburne, to the gallows. It was

impossible that such a Judas could ever be really forgiven. In France,

among the friends and comrades of those whom he had destroyed, his life

would not be worth one day's purchase. No pardon under the Great Seal

would avert the stroke of the avenger of blood. Nay, who could say that

the bribe now offered was not a bait intended to lure the victim to the

place where a terrible doom awaited him? Porter resolved to be true

to that government under which alone he could be safe; he carried

to Whitehall information of the whole intrigue; and he received full

instructions from the ministers. On the eve of the day fixed for his

departure he had a farewell meeting with Clancy at a tavern. Three

hundred guineas were counted out on the table. Porter pocketed them,

and gave a signal. Instantly several messengers from the office of the

Secretary of State rushed into the room, and produced a warrant.

The unlucky barber was carried off to prison, tried for his offence,

convicted and pilloried. [727]

This mishap made Fenwick's situation more perilous than ever. At the

next sessions for the City of London a bill of indictment against him,

for high treason, was laid before the grand jury. Porter and Goodman

appeared as witnesses for the Crown; and the bill was found. Fenwick

now thought that it was high time to steal away to the Continent.

Arrangements were made for his passage. He quitted his hiding place, and

repaired to Romney Marsh. There he hoped to find shelter till the vessel

which was to convey him across the Channel should arrive. For, though

Hunt's establishment had been broken up, there were still in that dreary

region smugglers who carried on more than one lawless trade. It chanced

that two of these men had just been arrested on a charge of harbouring

traitors. The messenger who had taken them into custody was returning to

London with them, when, on the high road, he met Fenwick face to face.

Unfortunately for Fenwick, no face in England was better known than his.

"It is Sir John," said the officer to the prisoners: "Stand by me, my

good fellows, and, I warrant you, you will have your pardons, and a

bag of guineas besides." The offer was too tempting to be refused; but

Fenwick was better mounted than his assailants; he dashed through them,

pistol in hand, and was soon out of sight. They pursued him; the hue and

cry was raised; the bells of all the parish churches of the Marsh rang

out the alarm; the whole country was up; every path was guarded; every

thicket was beaten; every hut was searched; and at length the fugitive

was found in bed. Just then a bark, of very suspicious appearance, came

in sight; she soon approached the shore, and showed English colours; but

to the practised eyes of the Kentish fishermen she looked much like

a French privateer. It was not difficult to guess her errand. After

waiting a short time in vain for her passenger, she stood out to sea.

[728]

Fenwick, unluckily for himself, was able so far to elude the vigilance

of those who had charge of him as to scrawl with a lead pencil a short

letter to his wife. Every line contained evidence of his guilt. All, he

wrote, was over; he was a dead man, unless, indeed, his friends could,

by dint of solicitation, obtain a pardon for him. Perhaps the united

entreaties of all the Howards might succeed. He would go abroad; he

would solemnly promise never again to set foot on English ground, and

never to draw sword against the government. Or would it be possible

to bribe a juryman or two to starve out the rest? "That," he wrote, "or

nothing can save me." This billet was intercepted in its way to the

post, and sent up to Whitehall. Fenwick was soon carried to London and

brought before the Lords Justices. At first he held high language and

bade defiance to his accusers. He was told that he had not always been

so confident; and his letter to his wife was laid before him. He had not

till then been aware that it had fallen into hands for which it was not

intended. His distress and confusion became great. He felt that, if

he were instantly sent before a jury, a conviction was inevitable.

One chance remained. If he could delay his trial for a short time, the

judges would leave town for their circuits; a few weeks would be gained;

and in the course of a few weeks something might be done.

He addressed himself particularly to the Lord Steward, Devonshire, with

whom he had formerly had some connection of a friendly kind. The unhappy

man declared that he threw himself entirely on the royal mercy,

and offered to disclose all that he knew touching the plots of the

Jacobites. That he knew much nobody could doubt. Devonshire advised his

colleagues to postpone the trial till the pleasure of William could be

known. This advice was taken. The King was informed of what had

passed; and he soon sent an answer directing Devonshire to receive the

prisoner's confession in writing, and to send it over to the Netherlands

with all speed. [729]

Fenwick had now to consider what he should confess. Had he, according to

his promise, revealed all that he knew, there can be no doubt that his

evidence would have seriously affected many Jacobite noblemen, gentlemen

and clergymen. But, though he was very unwilling to die, attachment to

his party was in his mind a stronger sentiment than the fear of death.

The thought occurred to him that he might construct a story, which might

possibly be considered as sufficient to earn his pardon, which would at

least put off his trial some months, yet which would not injure a

single sincere adherent of the banished dynasty, nay, which would cause

distress and embarrassment to the enemies of that dynasty, and which

would fill the Court, the Council, and the Parliament of William with

fears and animosities. He would divulge nothing that could affect those

true Jacobites who had repeatedly awaited, with pistols loaded and

horses saddled, the landing of the rightful King accompanied by a French

army. But if there were false Jacobites who had mocked their banished

Sovereign year after year with professions of attachment and promises

of service, and yet had, at every great crisis, found some excuse for

disappointing him, and who were at that moment among the chief supports

of the usurper's throne, why should they be spared? That there were

such false Jacobites, high in political office and in military command,

Fenwick had good reason to believe. He could indeed say nothing against

them to which a Court of Justice would have listened; for none of them

had ever entrusted him with any message or letter for France; and all

that he knew about their treachery he had learned at second hand

and third hand. But of their guilt he had no doubt. One of them was

Marlborough. He had, after betraying James to William, promised to make

reparation by betraying William to James, and had, at last, after much

shuffling, again betrayed James and made peace with William. Godolphin

had practised similar deception. He had long been sending fair words to

Saint Germains; in return for those fair words he had received a

pardon; and, with this pardon in his secret drawer, he had continued to

administer the finances of the existing government. To ruin such a man

would be a just punishment for his baseness, and a great service to King

James. Still more desirable was it to blast the fame and to destroy the

influence of Russell and Shrewsbury. Both were distinguished members

of that party which had, under different names, been, during three

generations, implacably hostile to the Kings of the House of Stuart.

Both had taken a great part in the Revolution. The names of both were

subscribed to the instrument which had invited the Prince of Orange

to England. One of them was now his Minister for Maritime Affairs; the

other his Principal Secretary of State; but neither had been constantly

faithful to him. Both had, soon after his accession, bitterly resented

his wise and magnanimous impartiality, which, to their minds, disordered

by party spirit, seemed to be unjust and ungrateful partiality for the

Tory faction; and both had, in their spleen, listened to agents from

Saint Germains. Russell had vowed by all that was most sacred that he

would himself bring back his exiled Sovereign. But the vow was broken as

soon as it had been uttered; and he to whom the royal family had looked

as to a second Monk had crushed the hopes of that family at La Hogue.

Shrewsbury had not gone such lengths. Yet he too, while out of humour

with William, had tampered with the agents of James. With the power and

reputation of these two great men was closely connected the power and

reputation of the whole Whig party. That party, after some quarrels,

which were in truth quarrels of lovers, was now cordially reconciled to

William, and bound to him by the strongest ties. If those ties could be

dissolved, if he could be induced to regard with distrust and aversion

the only set of men which was on principle and with enthusiasm devoted

to his interests, his enemies would indeed have reason to rejoice.

With such views as these Fenwick delivered to Devonshire a paper so

cunningly composed that it would probably have brought some severe

calamity on the Prince to whom it was addressed, had not that Prince

been a man of singularly clear judgment and singularly lofty spirit. The

paper contained scarcely any thing respecting those Jacobite plots in

which the writer had been himself concerned, and of which he intimately

knew all the details. It contained nothing which could be of the

smallest prejudice to any person who was really hostile to the existing

order of things. The whole narrative was made up of stories, too true

for the most part, yet resting on no better authority than hearsay,

about the intrigues of some eminent warriors and statesmen, who,

whatever their former conduct might have been, were now at least hearty

in support of William. Godolphin, Fenwick averred, had accepted a seat

at the Board of Treasury, with the sanction and for the benefit of King

James. Marlborough had promised to carry over the army, Russell to

carry over the fleet. Shrewsbury, while out of office, had plotted with

Middleton against the government and King. Indeed the Whigs were now the

favourites at Saint Germains. Many old friends of hereditary right

were moved to jealousy by the preference which James gave to the new

converts. Nay, he had been heard to express his confident hope that the

monarchy would be set up again by the very hands which had pulled it

down.

Such was Fenwick's confession. Devonshire received it and sent it by

express to the Netherlands, without intimating to any of his fellow

councillors what it contained. The accused ministers afterwards

complained bitterly of this proceeding. Devonshire defended himself

by saying that he had been specially deputed by the King to take the

prisoner's information, and was bound, as a true servant of the Crown,

to transmit that information to His Majesty and to His Majesty alone.

The messenger sent by Devonshire found William at Loo. The King read the

confession, and saw at once with what objects it had been drawn up. It

contained little more than what he had long known, and had long, with

politic and generous dissimulation, affected not to know. If he spared,

employed and promoted men who had been false to him, it was not because

he was their dupe. His observation was quick and just; his intelligence

was good; and he had, during some years, had in his hands proofs of much

that Fenwick had only gathered from wandering reports. It has seemed

strange to many that a Prince of high spirit and acrimonious temper

should have treated servants, who had so deeply wronged him, with a

kindness hardly to be expected from the meekest of human beings. But

William was emphatically a statesman. Ill humour, the natural and

pardonable effect of much bodily and much mental suffering, might

sometimes impel him to give a tart answer. But never did he on any

important occasion indulge his angry passions at the expense of the

great interests of which he was the guardian. For the sake of those

interests, proud and imperious as he was by nature, he submitted

patiently to galling restraints, bore cruel indignities and

disappointments with the outward show of serenity, and not only forgave,

but often pretended not to see, offences which might well have moved him

to bitter resentment. He knew that he must work with such tools as

he had. If he was to govern England he must employ the public men of

England; and in his age, the public men of England, with much of a

peculiar kind of ability, were, as a class, lowminded and immoral. There

were doubtless exceptions. Such was Nottingham among the Tories, and

Somers among the Whigs. But the majority, both of the Tory and of the

Whig ministers of William, were men whose characters had taken the ply

in the days of the Antipuritan reaction. They had been formed in

two evil schools, in the most unprincipled of courts, and the most

unprincipled of oppositions, a court which took its character from

Charles, an opposition headed by Shaftesbury. From men so trained

it would have been unreasonable to expect disinterested and stedfast

fidelity to any cause. But though they could not be trusted, they might

be used and they might be useful. No reliance could be placed on their

principles but much reliance might be placed on their hopes and on their

fears; and of the two Kings who laid claim to the English crown, the

King from whom there was most to hope and most to fear was the King

in possession. If therefore William had little reason to esteem these

politicians his hearty friends, he had still less reason to number them

among his hearty foes. Their conduct towards him, reprehensible as it

was, might be called upright when compared with their conduct towards

James. To the reigning Sovereign they had given valuable service; to the

banished Sovereign little more than promises and professions. Shrewsbury

might, in a moment of resentment or of weakness, have trafficked with

Jacobite agents; but his general conduct had proved that he was as far

as ever from being a Jacobite. Godolphin had been lavish of fair words

to the dynasty which was out; but he had thriftily and skilfully managed

the revenues of the dynasty which was in. Russell had sworn that he

would desert with the English fleet; but he had burned the French fleet.

Even Marlborough's known treasons,--for his share in the disaster of

Brest and the death of Talmash was unsuspected--, had not done so much

harm as his exertions at Walcourt, at Cork and at Kinsale had done

good. William had therefore wisely resolved to shut his eyes to perfidy,

which, however disgraceful it might be, had not injured him, and still

to avail himself, with proper precautions, of the eminent talents which

some of his unfaithful counsellors possessed, Having determined on this

course, and having long followed it with happy effect, he could not but

be annoyed and provoked by Fenwick's confession. Sir John, it was plain,

thought himself a Machiavel. If his trick succeeded, the Princess, whom

it was most important to keep in good humour, would be alienated from

the government by the disgrace of Marlborough. The whole Whig party,

the firmest support of the throne, would be alienated by the disgrace of

Russell and Shrewsbury. In the meantime not one of those plotters whom

Fenwick knew to have been deeply concerned in plans of insurrection,

invasion, assassination, would be molested. This cunning schemer should

find that he had not to do with a novice. William, instead of turning

his accused servants out of their places, sent the confession to

Shrewsbury, and desired that it might be laid before the Lords Justices.

"I am astonished," the King wrote, "at the fellow's effrontery. You know

me too well to think that such stories as his can make any impression

on me. Observe this honest man's sincerity. He has nothing to say

except against my friends. Not a word about the plans of his brother

Jacobites." The King concluded by directing the Lords justices to send

Fenwick before a jury with all speed. [730]

The effect produced by William's letter was remarkable. Every one of the

accused persons behaved himself in a manner singularly characteristic.

Marlborough, the most culpable of all, preserved a serenity, mild,

majestic and slightly contemptuous. Russell, scarcely less criminal

than Marlborough, went into a towering passion, and breathed nothing but

vengeance against the villanous informer. Godolphin, uneasy, but wary,

reserved and selfpossessed, prepared himself to stand on the defensive.

But Shrewsbury, who of all the four was the least to blame, was utterly

overwhelmed. He wrote in extreme distress to William, acknowledged with

warm expressions of gratitude the King's rare generosity, and protested

that Fenwick had malignantly exaggerated and distorted mere trifles into

enormous crimes. "My Lord Middleton,"--such was the substance of the

letter,--"was certainly in communication with me about the time of

the battle of La Hogue. We are relations; we frequently met; we supped

together just before he returned to France; I promised to take care of

his interests here; he in return offered to do me good offices there;

but I told him that I had offended too deeply to be forgiven, and that

I would not stoop to ask forgiveness." This, Shrewsbury averred, was the

whole extent of his offence. [731] It is but too fully proved that this

confession was by no means ingenuous; nor is it likely that William

was deceived. But he was determined to spare the repentant traitor the

humiliation of owning a fault and accepting a pardon. "I can see," the

King wrote, "no crime at all in what you have acknowledged. Be assured

that these calumnies have made no unfavourable impression on me. Nay,

you shall find that they have strengthened my confidence in you." [732]

A man hardened in depravity would have been perfectly contented with an

acquittal so complete, announced in language so gracious. But Shrewsbury

was quite unnerved by a tenderness which he was conscious that he had

not merited. He shrank from the thought of meeting the master whom he

had wronged, and by whom he had been forgiven, and of sustaining the

gaze of the peers, among whom his birth and his abilities had gained for

him a station of which he felt that he was unworthy. The campaign in

the Netherlands was over. The session of Parliament was approaching.

The King was expected with the first fair wind. Shrewsbury left town and

retired to the Wolds of Gloucestershire. In that district, then one of

the wildest in the south of the island, he had a small country seat,

surrounded by pleasant gardens and fish-ponds. William had, in his

progress a year before, visited this dwelling, which lay far from the

nearest high road and from the nearest market town, and had been much

struck by the silence and loneliness of the retreat in which he found

the most graceful and splendid of English courtiers.

At one in the morning of the sixth of October, the King landed at

Margate. Late in the evening he reached Kensington. The following

morning a brilliant crowd of ministers and nobles pressed to kiss his

hand; but he missed one face which ought to have been there, and asked

where the Duke of Shrewsbury was, and when he was expected in town. The

next day came a letter from the Duke, averring that he had just had a

bad fall in hunting. His side had been bruised; his lungs had suffered;

he had spit blood, and could not venture to travel. [733] That he had

fallen and hurt himself was true; but even those who felt most kindly

towards him suspected, and not without strong reason, that he made the

most of his convenient misfortune, and, that if he had not shrunk from

appearing in public, he would have performed the journey with little

difficulty. His correspondents told him that, if he was really as ill

as he thought himself, he would do well to consult the physicians and

surgeons of the capital. Somers, especially, implored him in the most

earnest manner to come up to London. Every hour's delay was mischievous.

His Grace must conquer his sensibility. He had only to face calumny

courageously, and it would vanish. [734] The King, in a few kind lines,

expressed his sorrow for the accident. "You are much wanted here," he

wrote: "I am impatient to embrace you, and to assure you that my esteem

for you is undiminished." [735] Shrewsbury answered that he had resolved

to resign the seals. [736] Somers adjured him not to commit so fatal an

error. If at that moment His Grace should quit office, what could the

world think, except that he was condemned by his own conscience? He

would, in fact, plead guilty; he would put a stain on his own honour,

and on the honour of all who lay under the same accusation. It would no

longer be possible to treat Fenwick's story as a romance. "Forgive me,"

Somers wrote, "for speaking after this free manner; for I do own I can

scarce be temperate in this matter." [737] A few hours later William

himself wrote to the same effect. "I have so much regard for you, that,

if I could, I would positively interdict you from doing what must

bring such grave suspicions on you. At any time, I should consider your

resignation as a misfortune to myself but I protest to you that, at this

time, it is on your account more than on mine that I wish you to remain

in my service." [738] Sunderland, Portland, Russell and Wharton joined

their entreaties to their master's; and Shrewsbury consented to remain

Secretary in name. But nothing could induce him to face the Parliament

which was about to meet. A litter was sent down to him from London, but

to no purpose. He set out, but declared that he found it impossible to

proceed, and took refuge again in his lonely mansion among the hills.

[739]

While these things were passing, the members of both Houses were from

every part of the kingdom going up to Westminster. To the opening of the

session, not only England, but all Europe, looked forward with intense

anxiety. Public credit had been deeply injured by the failure of

the Land Bank. The restoration of the currency was not yet half

accomplished. The scarcity of money was still distressing. Much of the

milled silver was buried in private repositories as fast as it came

forth from the Mint. Those politicians who were bent on raising the

denomination of the coin had found too ready audience from a population

suffering under severe pressure; and, at one time, the general voice of

the nation had seemed to be on their side. [740] Of course every person

who thought it likely that the standard would be lowered, hoarded as

much money as he could hoard; and thus the cry for little shillings

aggravated the pressure from which it had sprung. [741] Both the allies

and the enemies of England imagined that her resources were spent,

that her spirit was broken, that the Commons, so often querulous and

parsimonious even in tranquil and prosperous times, would now positively

refuse to bear any additional burden, and would, with an importunity not

to be withstood, insist on having peace at any price.

But all these prognostications were confounded by the firmness and

ability of the Whig leaders, and by the steadiness of the Whig majority.

On the twentieth of October the Houses met. William addressed to them

a speech remarkable even among all the remarkable speeches in which

his own high thoughts and purposes were expressed in the dignified and

judicious language of Somers. There was, the King said, great reason

for congratulation. It was true that the funds voted in the preceding

session for the support of the war had failed, and that the recoinage

had produced great distress. Yet the enemy had obtained no advantage

abroad; the State had been torn by no convulsion at home; the loyalty

shown by the army and by the nation under severe trials had disappointed

all the hopes of those who wished evil to England. Overtures tending to

peace had been made. What might be the result of those overtures,

was uncertain; but this was certain, that there could be no safe or

honourable peace for a nation which was not prepared to wage vigorous

war. "I am sure we shall all agree in opinion that the only way of

treating with France is with our swords in our hands."

The Commons returned to their chamber; and Foley read the speech from

the chair. A debate followed which resounded through all Christendom.

That was the proudest day of Montague's life, and one of the proudest

days in the history of the English Parliament. In 1798, Burke held up

the proceedings of that day as an example to the statesmen whose hearts

had failed them in the conflict with the gigantic power of the French

republic. In 1822, Huskisson held up the proceedings of that day as an

example to a legislature which, under the pressure of severe distress,

was tempted to alter the standard of value and to break faith with

the public creditor. Before the House rose the young Chancellor of the

Exchequer, whose ascendency, since the ludicrous failure of the Tory

scheme of finance, was undisputed, proposed and carried three memorable

resolutions. The first, which passed with only one muttered No, declared

that the Commons would support the King against all foreign and domestic

enemies, and would enable him to prosecute the war with vigour. The

second, which passed, not without opposition, but without a division,

declared that the standard of money should not be altered in fineness,

weight or denomination. The third, against which not a single opponent

of the government dared to raise his voice, pledged the House to make

good all the deficiencies of all parliamentary fund's established since

the King's accession. The task of framing an answer to the royal speech

was entrusted to a Committee exclusively composed of Whigs. Montague

was chairman; and the eloquent and animated address which he drew up may

still be read in the journals with interest and pride. [742]

Within a fortnight two millions and a half were granted for the military

expenditure of the approaching year, and nearly as much for the maritime

expenditure. Provision was made without any dispute for forty thousand

seamen. About the amount of the land force there was a division. The

King asked for eighty-seven thousand soldiers; and the Tories thought

that number too large. The vote was carried by two hundred and

twenty-three to sixty-seven.

The malecontents flattered themselves, during a short time, that

the vigorous resolutions of the Commons would be nothing more than

resolutions, that it would be found impossible to restore public credit,

to obtain advances from capitalists, or to wring taxes out of the

distressed population, and that therefore the forty thousand seamen and

the eighty-seven thousand soldiers would exist only on paper. Howe,

who had been more cowed than was usual with him on the first day of the

session, attempted, a week later, to make a stand against the Ministry.

"The King," he said, "must have been misinformed; or His Majesty never

would have felicitated Parliament on the tranquil state of the country.

I come from Gloucestershire. I know that part of the kingdom well. The

people are all living on alms, or ruined by paying alms. The soldier

helps himself, sword in hand, to what he wants. There have been serious

riots already; and still more serious riots are to be apprehended."

The disapprobation of the House was strongly expressed. Several

members declared that in their counties every thing was quiet. If

Gloucestershire were in a more disturbed state than the rest of England,

might not the cause be that Gloucestershire was cursed with a more

malignant and unprincipled agitator than all the rest of England could

show? Some Gloucestershire gentlemen took issue with Howe on the facts.

There was no such distress, they said, no such discontent, no such

rioting as he had described. In that county, as in every other county,

the great body of the population was fully determined to support the

King in waging a vigorous war till he could make an honourable peace.

[743]

In fact the tide had already turned. From the moment at which the

Commons notified their fixed determination not to raise the denomination

of the coin, the milled money began to come forth from a thousand strong

boxes and private drawers. There was still pressure; but that pressure

was less and less felt day by day. The nation, though still suffering,

was joyful and grateful. Its feelings resembled those of a man who,

having been long tortured by a malady which has embittered his life, has

at last made up his mind to submit to the surgeon's knife, who has gone

through a cruel operation with safety, and who, though still smarting

from the steel, sees before him many years of health and enjoyment, and

thanks God that the worst is over. Within four days after the meeting of

Parliament there was a perceptible improvement in trade. The discount

on bank notes had diminished by one third. The price of those wooden

tallies, which, according to an usage handed to us from a rude age,

were given as receipts for sums paid into the Exchequer, had risen. The

exchanges, which had during many months been greatly against England,

had begun to turn. [744] Soon the effect of the magnanimous firmness of

the House of Commons was felt at every Court in Europe. So high indeed

was the spirit of that assembly that the King had some difficulty in

preventing the Whigs from moving and carrying a resolution that an

address should be presented to him, requesting him to enter into no

negotiation with France, till she should have acknowledged him as King

of England. [745] Such an address was unnecessary. The votes of the

Parliament had already forced on Lewis the conviction that there was no

chance of a counterrevolution. There was as little chance that he would

be able to effect that compromise of which he had, in the course of

the negotiations, thrown out hints. It was not to be hoped that either

William or the English nation would ever consent to make the settlement

of the English crown a matter of bargain with France. And even had

William and the English nation been disposed to purchase peace by such a

sacrifice of dignity, there would have been insuperable difficulties in

another quarter. James could not endure to hear of the expedient which

Lewis had suggested. "I can bear," the exile said to his benefactor, "I

can bear with Christian patience to be robbed by the Prince of Orange;

but I never will consent to be robbed by my own son." Lewis never again

mentioned the subject. Callieres received orders to make the concession

on which the peace of the civilised world depended. He and Dykvelt came

together at the Hague before Baron Lilienroth, the representative of

the King of Sweden, whose mediation the belligerent powers had accepted.

Dykvelt informed Lilienroth that the Most Christian King had engaged,

whenever the Treaty of Peace should be signed, to recognise the Prince

of Orange as King of Great Britain, and added, with a very intelligible

allusion to the compromise proposed by France, that the recognition

would be without restriction, condition or reserve. Callieres then

declared that he confirmed, in the name of his master, what Dykvelt had

said. [746] A letter from Prior, containing the good news, was delivered

to James Vernon, the Under Secretary of State, in the House of Commons.

The tidings ran along the benches--such is Vernon's expression--like

fire in a field of stubble. A load was taken away from every heart;

and all was joy and triumph. [747] The Whig members might indeed well

congratulate each other. For it was to the wisdom and resolution which

they had shown, in a moment of extreme danger and distress, that their

country was indebted for the near prospect of an honourable peace.

Meanwhile public credit, which had, in the autumn, sunk to the lowest

point, was fast reviving. Ordinary financiers stood aghast when they

learned that more than five millions were required to make good the

deficiencies of past years. But Montague was not an ordinary financier.

A bold and simple plan proposed by him, and popularly called the General

Mortgage, restored confidence. New taxes were imposed; old taxes

were augmented or continued; and thus a consolidated fund was formed

sufficient to meet every just claim on the State. The Bank of England

was at the same time enlarged by a new subscription; and the regulations

for the payment of the subscription were framed in such a manner as to

raise the value both of the notes of the corporation and of the public

securities.

Meanwhile the mints were pouring forth the new silver faster than ever.

The distress which began on the fourth of May 1696, which was almost

insupportable during the five succeeding months, and which became

lighter from the day on which the Commons declared their immutable

resolution to maintain the old standard, ceased to be painfully felt in

March 1697. Some months were still to elapse before credit completely

recovered from the most tremendous shock that it has ever sustained. But

already the deep and solid foundation had been laid on which was to rise

the most gigantic fabric of commercial prosperity that the world had

ever seen. The great body of the Whigs attributed the restoration of the

health of the State to the genius and firmness of their leader Montague.

His enemies were forced to confess, sulkily and sneeringly, that every

one of his schemes had succeeded, the first Bank subscription, the

second Bank subscription, the Recoinage, the General Mortgage, the

Exchequer Bills. But some Tories muttered that he deserved no more

praise than a prodigal who stakes his whole estate at hazard, and has

a run of good luck. England had indeed passed safely through a terrible

crisis, and was the stronger for having passed through it. But she had

been in imminent danger of perishing; and the minister who had exposed

her to that danger deserved, not to be praised, but to be hanged. Others

admitted that the plans which were popularly attributed to Montague were

excellent, but denied that those plans were Montague's. The voice of

detraction, however, was for a time drowned by the loud applauses of

the Parliament and the City. The authority which the Chancellor of

the Exchequer exercised in the House of Commons was unprecedented and

unrivalled. In the Cabinet his influence was daily increasing. He had no

longer a superior at the Board of Treasury. In consequence of Fenwick's

confession, the last Tory who held a great and efficient office in the

State had been removed, and there was at length a purely Whig Ministry.

It had been impossible to prevent reports about that confession from

getting abroad. The prisoner, indeed, had found means of communicating

with his friends, and had doubtless given them to understand that he

had said nothing against them, and much against the creatures of the

usurper. William wished the matter to be left to the ordinary tribunals,

and was most unwilling that it should be debated elsewhere. But his

counsellors, better acquainted than himself with the temper of large

and divided assemblies, were of opinion that a parliamentary discussion,

though perhaps undesirable, was inevitable. It was in the power of a

single member of either House to force on such a discussion; and in both

Houses there were members who, some from a sense of duty, some from mere

love of mischief, were determined to know whether the prisoner had,

as it was rumoured, brought grave charges against some of the most

distinguished men in the kingdom. If there must be an inquiry, it was

surely desirable that the accused statesmen should be the first to

demand it. There was, however, one great difficulty. The Whigs, who

formed the majority of the Lower House, were ready to vote, as one man,

for the entire absolution of Russell and Shrewsbury, and had no wish to

put a stigma on Marlborough, who was not in place, and therefore excited

little jealousy. But a strong body of honest gentlemen, as Wharton

called them, could not, by any management, be induced to join in a

resolution acquitting Godolphin. To them Godolphin was an eyesore. All

the other Tories who, in the earlier years of William's reign, had

borne a chief part in the direction of affairs, had, one by one, been

dismissed. Nottingham, Trevor, Leeds, were no longer in power. Pembroke

could hardly be called a Tory, and had never been really in power. But

Godolphin still retained his post at Whitehall; and to the men of the

Revolution it seemed intolerable that one who had sate at the Council

Board of Charles and James, and who had voted for a Regency, should be

the principal minister of finance. Those who felt thus had learned with

malicious delight that the First Lord of the Treasury was named in

the confession about which all the world was talking; and they were

determined not to let slip so good an opportunity of ejecting him from

office. On the other hand, every body who had seen Fenwick's paper, and

who had not, in the drunkenness of factious animosity, lost all sense

of reason and justice, must have felt that it was impossible to make

a distinction between two parts of that paper, and to treat all that

related to Shrewsbury and Russell as false, and all that related to

Godolphin as true. This was acknowledged even by Wharton, who of all

public men was the least troubled by scruples or by shame. [748] If

Godolphin had stedfastly refused to quit his place, the Whig leaders

would have been in a most embarrassing position. But a politician of no

common dexterity undertook to extricate them from their difficulties.

In the art of reading and managing the minds of men Sunderland had no

equal; and he was, as he had been during several years, desirous to

see all the great posts in the kingdom filled by Whigs. By his skilful

management Godolphin was induced to go into the royal closet, and to

request permission to retire from office; and William granted that

permission with a readiness by which Godolphin was much more surprised

than pleased. [749]

One of the methods employed by the Whig junto, for the purpose of

instituting and maintaining through all the ranks of the Whig party a

discipline never before known, was the frequent holding of meetings of

members of the House of Commons. Some of those meetings were numerous;

others were select. The larger were held at the Rose, a tavern

frequently mentioned in the political pasquinades of that time; [750]

the smaller at Russell's in Covent Garden, or at Somers's in Lincoln's

Inn Fields.

On the day on which Godolphin resigned his great office two select

meetings were called. In the morning the place of assembly was Russell's

house. In the afternoon there was a fuller muster at the Lord Keeper's.

Fenwick's confession, which, till that time, had probably been known

only by rumour to most of those who were present, was read. The

indignation of the hearers was strongly excited, particularly by one

passage, of which the sense seemed to be that not only Russell, not only

Shrewsbury, but the great body of the Whig party was, and had long

been, at heart Jacobite. "The fellow insinuates," it was said, "that the

Assassination Plot itself was a Whig scheme." The general opinion was

that such a charge could not be lightly passed over. There must be a

solemn debate and decision in Parliament. The best course would be that

the King should himself see and examine the prisoner, and that Russell

should then request the royal permission to bring the subject before the

House of Commons. As Fenwick did not pretend that he had any authority

for the stories which he had told except mere hearsay, there could be no

difficulty in carrying a resolution branding him as a slanderer, and an

address to the throne requesting that he might be forthwith brought to

trial for high treason. [751]

The opinion of the meeting was conveyed to William by his ministers;

and he consented, though not without reluctance, to see the prisoner.

Fenwick was brought into the royal closet at Kensington. A few of

the great officers of state and the Crown lawyers were present. "Your

papers, Sir John," said the King, "are altogether unsatisfactory.

Instead of giving me an account of the plots formed by you and your

accomplices, plots of which all the details must be exactly known to

you, you tell me stories, without authority, without date, without

place, about noblemen and gentlemen with whom you do not pretend to

have had any intercourse. In short your confession appears to be a

contrivance intended to screen those who are really engaged in designs

against me, and to make me suspect and discard those in whom I have good

reason to place confidence. If you look for any favour from me, give me,

this moment and on this spot, a full and straightforward account of

what you know of your own knowledge." Fenwick said that he was taken

by surprise, and asked for time. "No, Sir," said the King. "For what

purpose can you want time? You may indeed want time if you mean to draw

up another paper like this. But what I require is a plain narrative of

what you have yourself done and seen; and such a narrative you can give,

if you will, without pen and ink." Then Fenwick positively refused to

say any thing. "Be it so," said William. "I will neither hear you nor

hear from you any more." [752] Fenwick was carried back to his prison.

He had at this audience shown a boldness and determination which

surprised those who had observed his demeanour. He had, ever since he

had been in confinement, appeared to be anxious and dejected; yet now,

at the very crisis of his fate, he had braved the displeasure of

the Prince whose clemency he had, a short time before, submissively

implored. In a very few hours the mystery was explained. Just before

he had been summoned to Kensington, he had received from his wife

intelligence that his life was in no danger, that there was only

one witness against him, that she and her friends had succeeded in

corrupting Goodman. [753]

Goodman had been allowed a liberty which was afterwards, with some

reason, made matter of charge against the government. For his testimony

was most important; his character was notoriously bad; the attempts

which had been made to seduce Porter proved that, if money could save

Fenwick's life, money would not be spared; and Goodman had not, like

Porter, been instrumental in sending Jacobites to the gallows, and

therefore was not, like Porter, bound to the cause of William by an

indissoluble tie. The families of the imprisoned conspirators employed

the agency of a cunning and daring adventurer named O'Brien. This

man knew Goodman well. Indeed they had belonged to the same gang of

highwaymen. They met at the Dog in Drury Lane, a tavern which was

frequented by lawless and desperate men. O'Brien was accompanied by

another Jacobite of determined character. A simple choice was offered to

Goodman, to abscond and to be rewarded with an annuity of five hundred

a year, or to have his throat cut on the spot. He consented, half from

cupidity, half from fear. O'Brien was not a man to be tricked as Clancy

had been. He never parted company with Goodman from the moment when the

bargain was struck till they were at Saint Germains. [754]

On the afternoon of the day on which Fenwick was examined by the King at

Kensington it began to be noised abroad that Goodman was missing. He had

been many hours absent from his house. He had not been seen at his usual

haunts. At first a suspicion arose that he had been murdered by

the Jacobites; and this suspicion was strengthened by a singular

circumstance. Just after his disappearance, a human head was found

severed from the body to which it belonged, and so frightfully mangled

that no feature could be recognised. The multitude, possessed by the

notion that there was no crime which an Irish Papist might not be found

to commit, was inclined to believe that the fate of Godfrey had befallen

another victim. On inquiry however it seemed certain that Goodman had

designedly withdrawn himself. A proclamation appeared promising a reward

of a thousand pounds to any person who should stop the runaway; but it

was too late. [755]

This event exasperated the Whigs beyond measure. No jury could now find

Fenwick guilty of high treason. Was he then to escape? Was a long series

of offences against the State to go unpunished merely because to those

offences had now been added the offence of bribing a witness to suppress

his evidence and to desert his bail? Was there no extraordinary method

by which justice might strike a criminal who, solely because he was

worse than other criminals, was beyond the reach of the ordinary law?

Such a method there was, a method authorised by numerous precedents, a

method used both by Papists and by Protestants during the troubles of

the sixteenth century, a method used both by Roundheads and by Cavaliers

during the troubles of the seventeenth century, a method which scarcely

any leader of the Tory party could condemn without condemning himself, a

method of which Fenwick could not decently complain, since he had, a few

years before, been eager to employ it against the unfortunate Monmouth.

To that method the party which was now supreme in the State determined

to have recourse.

Soon after the Commons had met, on the morning of the sixth of November,

Russell rose in his place and requested to be heard. The task which he

had undertaken required courage not of the most respectable kind; but to

him no kind of courage was wanting. Sir John Fenwick, he said, had sent

to the King a paper in which grave accusations were brought against some

of His Majesty's servants; and His Majesty had, at the request of his

accused servants, graciously given orders that this paper should be

laid before the House. The confession was produced and read. The Admiral

then, with spirit and dignity worthy of a better man, demanded justice

for himself and Shrewsbury. "If we are innocent, clear us. If we are

guilty, punish us as we deserve. I put myself on you as on my country,

and am ready to stand or fall by your verdict."

It was immediately ordered that Fenwick should be brought to the

bar with all speed. Cutts, who sate in the House as member for

Cambridgeshire, was directed to provide a sufficient escort, and was

especially enjoined to take care that the prisoner should have no

opportunity of making or receiving any communication, oral or written,

on the road from Newgate to Westminster. The House then adjourned till

the afternoon.

At five o'clock, then a late hour, the mace was again put on the table;

candles were lighted; and the House and lobby were carefully cleared of

strangers. Fenwick was in attendance under a strong guard. He was called

in, and exhorted from the chair to make a full and ingenuous confession.

He hesitated and evaded. "I cannot say any thing without the King's

permission. His Majesty may be displeased if what ought to be known only

to him should be divulged to others." He was told that his apprehensions

were groundless. The King well knew that it was the right and the duty

of his faithful Commons to inquire into whatever concerned the safety of

his person and of his government. "I may be tried in a few days," said

the prisoner. "I ought not to be asked to say any thing which may rise

up in judgment against me." "You have nothing to fear," replied the

Speaker, "if you will only make a full and free discovery. No man

ever had reason to repent of having dealt candidly with the Commons of

England." Then Fenwick begged for delay. He was not a ready orator; his

memory was bad; he must have time to prepare himself. He was told, as he

had been told a few days before in the royal closet, that, prepared or

unprepared, he could not but remember the principal plots in which he

had been engaged, and the names of his chief accomplices. If he

would honestly relate what it was quite impossible that he could have

forgotten, the House would make all fair allowances, and would grant him

time to recollect subordinate details. Thrice he was removed from the

bar; and thrice he was brought back. He was solemnly informed that the

opportunity then given him of earning the favour of the Commons would

probably be the last. He persisted in his refusal, and was sent back to

Newgate.

It was then moved that his confession was false and scandalous.

Coningsby proposed to add that it was a contrivance to create jealousies

between the King and good subjects for the purpose of screening real

traitors. A few implacable and unmanageable Whigs, whose hatred of

Godolphin had not been mitigated by his resignation, hinted their doubts

whether the whole paper ought to be condemned. But after a debate

in which Montague particularly distinguished himself the motion was

carried. One or two voices cried "No;" but nobody ventured to demand a

division.

Thus far all had gone smoothly; but in a few minutes the storm broke

forth. The terrible words, Bill of Attainder, were pronounced; and all

the fiercest passions of both the great factions were instantly roused.

The Tories had been taken by surprise, and many of them had left the

house. Those who remained were loud in declaring that they never would

consent to such a violation of the first principles of justice. The

spirit of the Whigs was not less ardent, and their ranks were unbroken.

The motion for leave to bring in a bill attainting Sir John Fenwick

was carried very late at night by one hundred and seventy-nine votes to

sixty-one; but it was plain that the struggle would be long and hard.

[756]

In truth party spirit had seldom been more strongly excited. On both

sides there was doubtless much honest zeal; and on both sides an

observant eye might have detected fear, hatred, and cupidity disguised

under specious pretences of justice and public good. The baleful heat

of faction rapidly warmed into life poisonous creeping things which had

long been lying torpid, discarded spies and convicted false witnesses,

the leavings of the scourge, the branding iron and the shears. Even

Fuller hoped that he might again find dupes to listen to him. The world

had forgotten him since his pillorying. He now had the effrontery to

write to the Speaker, begging to be heard at the bar and promising much

important information about Fenwick and others. On the ninth of November

the Speaker informed the House that he had received this communication;

but the House very properly refused even to suffer the letter of so

notorious a villain to be read.

On the same day the Bill of Attainder, having been prepared by the

Attorney and Solicitor General, was brought in and read a first time.

The House was full and the debate sharp. John Manley, member for

Bossiney, one of those stanch Tories who, in the preceding session,

had long refused to sign the Association, accused the majority, in no

measured terms, of fawning on the Court and betraying the liberties of

the people. His words were taken down; and, though he tried to explain

them away, he was sent to the Tower. Seymour spoke strongly against

the bill, and quoted the speech which Caesar made in the Roman Senate

against the motion that the accomplices of Catiline should be put to

death in an irregular manner. A Whig orator keenly remarked that the

worthy Baron had forgotten that Caesar was grievously suspected of

having been himself concerned in Catiline's plot. [757] In this stage

a hundred and ninety-six members voted for the bill, a hundred and

four against it. A copy was sent to Fenwick, in order that he might

be prepared to defend himself. He begged to be heard by counsel; his

request was granted; and the thirteenth was fixed for the hearing.

Never within the memory of the oldest member had there been such a stir

round the House as on the morning of the thirteenth. The approaches

were with some difficulty cleared; and no strangers, except peers, were

suffered to come within the doors. Of peers the throng was so great that

their presence had a perceptible influence on the debate. Even Seymour,

who, having formerly been Speaker, ought to have been peculiarly mindful

of the dignity of the Commons, so strangely forgot himself as once to

say "My Lords." Fenwick, having been formally given up by the Sheriffs

of London to the Serjeant at Arms, was put to the bar, attended by two

barristers who were generally employed by Jacobite culprits, Sir

Thomas Powis and Sir Bartholomew Shower. Counsel appointed by the House

appeared in support of the bill.

The examination of the witnesses and the arguments of the advocates

occupied three days. Porter was called in and interrogated. It was

established, not indeed by legal proof, but by such moral proof as

determines the conduct of men in the affairs of common life, that

Goodman's absence was to be attributed to a scheme planned and executed

by Fenwick's friends with Fenwick's privity. Secondary evidence of what

Goodman, if he had been present, would have been able to prove,

was, after a warm debate, admitted. His confession, made on oath and

subscribed by his hand, was put in. Some of the grand jurymen who had

found the bill against Sir John gave an account of what Goodman had

sworn before them; and their testimony was confirmed by some of the

petty jurymen who had convicted another conspirator. No evidence was

produced in behalf of the prisoner. After counsel for him and against

him had been heard, he was sent back to his cell. [758] Then the real

struggle began. It was long and violent. The House repeatedly sate from

daybreak till near midnight. Once the Speaker was in the chair fifteen

hours without intermission. Strangers were freely admitted; for it was

felt that, since the House chose to take on itself the functions of a

court of justice, it ought, like a court of justice, to sit with

open doors. [759] The substance of the debates has consequently been

preserved in a report, meagre, indeed, when compared with the reports

of our time, but for that age unusually full. Every man of note in the

House took part in the discussion. The bill was opposed by Finch with

that fluent and sonorous rhetoric which had gained him the name of

Silvertongue, and by Howe with all the sharpness both of his wit and of

his temper, by Seymour with characteristic energy, and by Harley with

characteristic solemnity. On the other side Montague displayed

the powers of a consummate debater, and was zealously supported by

Littleton. Conspicuous in the front ranks of the hostile parties were

two distinguished lawyers, Simon Harcourt and William Cowper.

Both were gentlemen of honourable descent; both were distinguished

by their fine persons and graceful manners; both were renowned for

eloquence; and both loved learning and learned men. It may be added that

both had early in life been noted for prodigality and love of pleasure.

Dissipation had made them poor; poverty had made them industrious; and

though they were still, as age is reckoned at the Inns of Court, very

young men, Harcourt only thirty-six, Cowper only thirty-two, they

already had the first practice at the bar. They were destined to rise

still higher, to be the bearers of the great seal of the realm, and

the founders of patrician houses. In politics they were diametrically

opposed to each other. Harcourt had seen the Revolution with disgust,

had not chosen to sit in the Convention, had with difficulty reconciled

his conscience to the oaths, and had tardily and unwillingly signed the

Association. Cowper had been in arms for the Prince of Orange and a free

Parliament, and had, in the short and tumultuary campaign which preceded

the flight of James, distinguished himself by intelligence and courage.

Since Somers had been removed to the Woolsack, the law officers of the

Crown had not made a very distinguished figure in the Lower House, or

indeed any where else; and their deficiencies had been more than once

supplied by Cowper. His skill had, at the trial of Parkyns, recovered

the verdict which the mismanagement of the Solicitor General had, for a

moment, put in jeopardy. He had been chosen member for Hertford at

the general election of 1695, and had scarcely taken his seat when he

attained a high place among parliamentary speakers. Chesterfield many

years later, in one of his letters to his son, described Cowper as an

orator who never spoke without applause, but who reasoned feebly, and

who owed the influence which he long exercised over great assemblies to

the singular charm of his style, his voice and his action. Chesterfield

was, beyond all doubt, intellectually qualified to form a correct

judgment on such a subject. But it must be remembered that the object of

his letters was to exalt good taste and politeness in opposition to much

higher qualities. He therefore constantly and systematically attributed

the success of the most eminent persons of his age to their superiority,

not in solid abilities and acquirements, but in superficial graces of

diction and manner. He represented even Marlborough as a man of very

ordinary capacity, who, solely because he was extremely well bred and

well spoken, had risen from poverty and obscurity to the height of power

and glory. It may confidently be pronounced that both to Marlborough and

to Cowper Chesterfield was unjust. The general who saved the Empire and

conquered the Low Countries was assuredly something more than a fine

gentleman; and the judge who presided during nine years in the Court of

Chancery with the approbation of all parties must have been something

more than a fine declaimer.

Whoever attentively and impartially studies the report of the debates

will be of opinion that, on many points which were discussed at great

length and with great animation, the Whigs had a decided superiority in

argument, but that on the main question the Tories were in the right.

It was true that the crime of high treason was brought home to Fenwick

by proofs which could leave no doubt on the mind of any man of common

sense, and would have been brought home to him according to the strict

rules of law, if he had not, by committing another crime, eluded the

justice of the ordinary tribunals. It was true that he had, in the very

act of professing repentance and imploring mercy, added a new offence

to his former offences, that, while pretending to make a perfectly

ingenuous confession, he had, with cunning malice, concealed every thing

which it was for the interest of the government that he should divulge,

and proclaimed every thing which it was for the interest of the

government to bury in silence. It was a great evil that he should be

beyond the reach of punishment; it was plain that he could be reached

only by a bill of pains and penalties; and it could not be denied,

either that many such bills had passed, or that no such bill had ever

passed in a clearer case of guilt or after a fairer hearing.

All these propositions the Whigs seem to have fully established.

They had also a decided advantage in the dispute about the rule which

requires two witnesses in cases of high treason. The truth is that the

rule is absurd. It is impossible to understand why the evidence which

would be sufficient to prove that a man has fired at one of his fellow

subjects should not be sufficient to prove that he has fired at his

Sovereign. It can by no means be laid down as a general maxim that

the assertion of two witnesses is more convincing to the mind than the

assertion of one witness. The story told by one witness may be in itself

probable. The story told by two witnesses may be extravagant. The

story told by one witness may be uncontradicted. The story told by two

witnesses may be contradicted by four witnesses. The story told by one

witness may be corroborated by a crowd of circumstances. The story told

by two witnesses may have no such corroboration. The one witness may be

Tillotson or Ken. The two witnesses may be Oates and Bedloe.

The chiefs of the Tory party, however, vehemently maintained that

the law which required two witnesses was of universal and eternal

obligation, part of the law of nature, part of the law of God. Seymour

quoted the book of Numbers and the book of Deuteronomy to prove that

no man ought to be condemned to death by the mouth of a single witness.

"Caiaphas and his Sanhedrim," said Harley, "were ready enough to set up

the plea of expediency for a violation of justice; they said,--and we

have heard such things said,--'We must slay this man, or the Romans

will come and take away our place and nation.' Yet even Caiaphas and his

Sanhedrim, in that foulest act of judicial murder, did not venture to

set aside the sacred law which required two witnesses." "Even Jezebel,"

said another orator, "did not dare to take Naboth's vineyard from him

till she had suborned two men of Belial to swear falsely." "If the

testimony of one grave elder had been sufficient," it was asked, "what

would have become of the virtuous Susannah?" This last allusion called

forth a cry of "Apocrypha, Apocrypha," from the ranks of the Low

Churchmen. [760]

Over these arguments, which in truth can scarcely have imposed on those

who condescended to use them, Montague obtained a complete and easy

victory. "An eternal law! Where was this eternal law before the reign of

Edward the Sixth? Where is it now, except in statutes which relate only

to one very small class of offences. If these texts from the Pentateuch

and these precedents from the practice of the Sanhedrim prove any thing,

they prove the whole criminal jurisprudence of the realm to be a mass of

injustice and impiety. One witness is sufficient to convict a murderer,

a burglar, a highwayman, an incendiary, a ravisher. Nay, there are cases

of high treason in which only one witness is required. One witness can

send to Tyburn a gang of clippers and comers. Are you, then, prepared to

say that the whole law of evidence, according to which men have during

ages been tried in this country for offences against life and property,

is vicious and ought to be remodelled? If you shrink from saying this,

you must admit that we are now proposing to dispense, not with a divine

ordinance of universal and perpetual obligation, but simply with an

English rule of procedure, which applies to not more than two or three

crimes, which has not been in force a hundred and fifty years, which

derives all its authority from an Act of Parliament, and which may

therefore be by another, Act abrogated or suspended without offence to

God or men."

It was much less easy to answer the chiefs of the opposition when they

set forth the danger of breaking down the partition which separates the

functions of the legislator from those of the judge. "This man," it was

said, "may be a bad Englishman; and yet his cause may be the cause of

all good Englishmen. Only last year we passed an Act to regulate the

procedure of the ordinary courts in cases of treason. We passed that

Act because we thought that, in those courts, the life of a subject

obnoxious to the government was not then sufficiently secured. Yet the

life of a subject obnoxious to the government was then far more secure

than it will be if this House takes on itself to be the supreme criminal

judicature in political cases." Warm eulogies were pronounced on the

ancient national mode of trial by twelve good men and true; and indeed

the advantages of that mode of trial in political cases are obvious. The

prisoner is allowed to challenge any number of jurors with cause, and a

considerable number without cause. The twelve, from the moment at which

they are invested with their short magistracy, till the moment when they

lay it down, are kept separate from the rest of the community. Every

precaution is taken to prevent any agent of power from soliciting or

corrupting them. Every one of them must hear every word of the evidence

and every argument used on either side. The case is then summed up by a

judge who knows that, if he is guilty of partiality, he may be called to

account by the great inquest of the nation. In the trial of Fenwick at

the bar of the House of Commons all these securities were wanting. Some

hundreds of gentlemen, every one of whom had much more than half made

up his mind before the case was opened, performed the functions both of

judge and jury. They were not restrained, as a judge is restrained, by

the sense of responsibility; for who was to punish a Parliament? They

were not selected, as a jury is selected, in a manner which enables the

culprit to exclude his personal and political enemies. The arbiters of

his fate came in and went out as they chose. They heard a fragment here

and there of what was said against him, and a fragment here and there of

what was said in his favour. During the progress of the bill they were

exposed to every species of influence. One member was threatened by the

electors of his borough with the loss of his seat; another might obtain

a frigate for his brother from Russell; the vote of a third might be

secured by the caresses and Burgundy of Wharton. In the debates

arts were practised and passions excited which are unknown to well

constituted tribunals, but from which no great popular assembly divided

into parties ever was or ever will be free. The rhetoric of one orator

called forth loud cries of "Hear him." Another was coughed and scraped

down. A third spoke against time in order that his friends who were

supping might come in to divide. [761] If the life of the most worthless

man could be sported with thus, was the life of the most virtuous man

secure?

The opponents of the bill did not, indeed, venture to say that there

could be no public danger sufficient to justify an Act of Attainder.

They admitted that there might be cases in which the general rule must

bend to an overpowering necessity. But was this such a case? Even if it

were granted, for the sake of argument, that Strafford and Monmouth were

justly attainted, was Fenwick, like Strafford, a great minister who had

long ruled England north of Trent, and all Ireland, with absolute power,

who was high in the royal favour, and whose capacity, eloquence and

resolution made him an object of dread even in his fall? Or was Fenwick,

like Monmouth, a pretender to the Crown and the idol of the common

people? Were all the finest youths of three counties crowding to enlist

under his banners? What was he but a subordinate plotter? He had indeed

once had good employments; but he had long lost them. He had once had

a good estate; but he had wasted it. Eminent abilities and weight of

character he had never had. He was, no doubt, connected by marriage

with a very noble family; but that family did not share his political

prejudices. What importance, then, had he, except that importance which

his persecutors were most unwisely giving him by breaking through all

the fences which guard the lives of Englishmen in order to destroy him?

Even if he were set at liberty, what could he do but haunt Jacobite

coffeehouses, squeeze oranges, and drink the health of King James and

the Prince of Wales? If, however, the government, supported by the Lords

and the Commons, by the fleet and the army, by a militia one hundred and

sixty thousand strong, and by the half million of men who had signed the

Association, did really apprehend danger from this poor ruined baronet,

the benefit of the Habeas Corpus Act might be withheld from him. He

might be kept within four walls as long as there was the least chance of

his doing mischief. It could hardly be contended that he was an enemy so

terrible that the State could be safe only when he was in the grave.

It was acknowledged that precedents might be found for this bill, or

even for a bill far more objectionable. But it was said that whoever

reviewed our history would be disposed to regard such precedents rather

as warnings than as examples. It had many times happened that an Act of

Attainder, passed in a fit of servility or animosity, had, when fortune

had changed, or when passion had cooled, been repealed and solemnly

stigmatized as unjust. Thus, in old times, the Act which was passed

against Roger Mortimer, in the paroxysm of a resentment not unprovoked,

had been, at a calmer moment, rescinded on the ground that, however

guilty he might have been, he had not had fair play for his life. Thus,

within the memory of the existing generation, the law which attainted

Strafford had been annulled, without one dissentient voice. Nor, it

was added, ought it to be left unnoticed that, whether by virtue of the

ordinary law of cause and effect, or by the extraordinary judgment of

God, persons who had been eager to pass bills of pains and penalties,

had repeatedly perished by such bills. No man had ever made a more

unscrupulous use of the legislative power for the destruction of his

enemies than Thomas Cromwell; and it was by an unscrupulous use of the

legislative power that he was himself destroyed. If it were true that

the unhappy gentleman whose fate was now trembling in the balance had

himself formerly borne a part in a proceeding similar to that which was

now instituted against him, was not this a fact which ought to suggest

very serious reflections? Those who tauntingly reminded Fenwick that he

had supported the bill which attainted Monmouth might perhaps themselves

be tauntingly reminded, in some dark and terrible hour, that they had

supported the bill which had attainted Fenwick. "Let us remember what

vicissitudes we have seen. Let us, from so many signal examples of the

inconstancy of fortune, learn moderation in prosperity. How little

we thought, when we saw this man a favourite courtier at Whitehall, a

general surrounded with military pomp at Hounslow, that we should live

to see him standing at our bar, and awaiting his doom from our lips! And

how far is it from certain that we may not one day, in the bitterness of

our souls, vainly invoke the protection of those mild laws which we now

treat so lightly! God forbid that we should ever again be subject to

tyranny! But God forbid, above all, that our tyrants should ever be able

to plead, in justification of the worst that they can inflict upon us,

precedents furnished by ourselves!"

These topics, skilfully handled, produced a great effect on many

moderate Whigs. Montague did his best to rally his followers. We

still possess the rude outline of what must have been a most effective

peroration. "Gentlemen warn us"--this, or very nearly this, seems to

have been what he said--"not to furnish King James with a precedent

which, if ever he should be restored, he may use against ourselves. Do

they really believe that, if that evil day shall ever come, this just

and necessary law will be the pattern which he will imitate? No, Sir,

his model will be, not our bill of attainder, but his own; not our bill,

which, on full proof, and after a most fair hearing, inflicts deserved

retribution on a single guilty head; but his own bill, which, without

a defence, without an investigation, without an accusation, doomed near

three thousand people, whose only crimes were their English blood and

their Protestant faith, the men to the gallows and the women to the

stake. That is the precedent which he has set, and which he will follow.

In order that he never may be able to follow it, in order that the fear

of a righteous punishment may restrain those enemies of our country who

wish to see him ruling in London as he ruled at Dublin, I give my vote

for this bill."

In spite of all the eloquence and influence of the ministry, the

minority grew stronger and stronger as the debates proceeded. The

question that leave should be given to bring in the bill had been

carried by nearly three to one. On the question that the bill should be

committed, the Ayes were a hundred and eighty-six, the Noes a hundred

and twenty-eight. On the question that the bill should pass, the Ayes

were a hundred and eighty-nine, the Noes a hundred and fifty-six.

On the twenty-sixth of November the bill was carried up to the Lords.

Before it arrived, the Lords had made preparations to receive it. Every

peer who was absent from town had been summoned up: every peer who

disobeyed the summons and was unable to give a satisfactory explanation

of his disobedience was taken into custody by Black Rod. On the day

fixed for the first reading, the crowd on the benches was unprecedented.

The whole number of temporal Lords, exclusive of minors, Roman Catholics

and nonjurors, was about a hundred and forty. Of these a hundred and

five were in their places. Many thought that the Bishops ought to have

been permitted, if not required, to withdraw; for, by an ancient canon,

those who ministered at the altars of God were forbidden to take any

part in the infliction of capital punishment. On the trial of a peer

impeached of high treason, the prelates always retire, and leave the

culprit to be absolved or condemned by laymen. And surely, if it be

unseemly that a divine should doom his fellow creatures to death as a

judge, it must be still more unseemly that he should doom them to death

as a legislator. In the latter case, as in the former, he contracts

that stain of blood which the Church regards with horror; and it will

scarcely be denied that there are some grave objections to the shedding

of blood by Act of Attainder which do not apply to the shedding of blood

in the ordinary course of justice. In fact, when the bill for taking

away the life of Strafford was under consideration, all the spiritual

peers withdrew. Now, however, the example of Cranmer, who had voted

for some of the most infamous acts of attainder that ever passed, was

thought more worthy of imitation; and there was a great muster of lawn

sleeves. It was very properly resolved that, on this occasion, the

privilege of voting by proxy should be suspended, that the House should

be called over at the beginning and at the end of every sitting, and

that every member who did not answer to his name should be taken into

custody. [762]

Meanwhile the unquiet brain of Monmouth was teeming with strange

designs. He had now reached a time of life at which youth could no

longer be pleaded as an excuse for his faults; but he was more wayward

and eccentric than ever. Both in his intellectual and in his moral

character there was an abundance of those fine qualities which may be

called luxuries, and a lamentable deficiency of those solid qualities

which are of the first necessity. He had brilliant wit and ready

invention without common sense, and chivalrous generosity and delicacy

without common honesty. He was capable of rising to the part of the

Black Prince; and yet he was capable of sinking to the part of Fuller.

His political life was blemished by some most dishonourable actions;

yet he was not under the influence of those motives to which most of the

dishonourable actions of politicians are to be ascribed. He valued

power little and money less. Of fear he was utterly insensible. If he

sometimes stooped to be a villain,--for no milder word will come up to

the truth,--it was merely to amuse himself and to astonish other people.

In civil as in military affairs, he loved ambuscades, surprises, night

attacks. He now imagined that he had a glorious opportunity of making

a sensation, of producing a great commotion; and the temptation was

irresistible to a spirit so restless as his.

He knew, or at least strongly suspected, that the stories which Fenwick

had told on hearsay, and which King, Lords and Commons, Whigs and

Tories, had agreed to treat as calumnies, were, in the main, true. Was

it impossible to prove that they were true, to cross the wise policy of

William, to bring disgrace at once on some of the most eminent men

of both parties, to throw the whole political world into inextricable

confusion?

Nothing could be done without the help of the prisoner; and with the

prisoner it was impossible to communicate directly. It was necessary to

employ the intervention of more than one female agent. The Duchess of

Norfolk was a Mordaunt, and Monmouth's first cousin. Her gallantries

were notorious; and her husband had, some years before, tried to induce

his brother nobles to pass a bill for dissolving his marriage; but the

attempt had been defeated, in consequence partly of the zeal with

which Monmouth had fought the battle of his kinswoman. The lady, though

separated from her lord, lived in a style suitable to her rank, and

associated with many women of fashion, among others, with Lady Mary

Fenwick, and with a relation of Lady Mary, named Elizabeth Lawson. By

the instrumentality of the Duchess, Monmouth conveyed to the prisoner

several papers containing suggestions framed with much art. Let Sir

John,--such was the substance of these suggestions,--boldly affirm that

his confession is true, that he has brought accusations, on hearsay

indeed, but not on common hearsay, that he has derived his knowledge of

the facts which he has asserted from the highest quarters; and let him

point out a mode in which his veracity may be easily brought to the

test. Let him pray that the Earls of Portland and Romney, who are well

known to enjoy the royal confidence, may be called upon to declare

whether they are not in possession of information agreeing with what he

has related. Let him pray that the King may be requested to lay before

Parliament the evidence which caused the sudden disgrace of Lord

Marlborough, and any letters which may have been intercepted while

passing between Saint Germains and Lord Godolphin. "Unless," said

Monmouth to his female agents, "Sir John is under a fate, unless he

is out of his mind, he will take my counsel. If he does, his life and

honour are safe. If he does not, he is a dead man." Then this strange

intriguer, with his usual license of speech, reviled William for what

was in truth one of William's best titles to glory. "He is the worst

of men. He has acted basely. He pretends not to believe these charges

against Shrewsbury, Russell, Marlborough, Godolphin. And yet he

knows,"--and Monmouth confirmed the assertion by a tremendous oath,--"he

knows that every word of the charges is true."

The History of England, from the Accession of James II — Volume 4 · 第 14 / 17 章