CHAPTER X.

Debates in Parliament at the commencement of the year 1753--The

King of Prussia stops the payment of the Silesian Loan--The

fictitious Memorial of several Noblemen and Gentlemen on the

Education of the Prince of Wales--History of Lord Ravensworth

and Fawcett--The latter’s charge of Jacobitism against persons

holding situations under the Crown--Debate in the House of Lords

on Fawcett’s testimony--Speeches of the Duke of Bedford, the Lord

Chancellor, Lord Harcourt, Lord Talbot, the Bishops of Norwich

and Gloucester, and the Duke of Newcastle.

This year, soon made remarkable by some extraordinary occurrences,

opened quietly; at least with events scarcely worth recording. A

few independents of Westminster attempted, on the death of their

representative, Sir Peter Warren, to revive an opposition to the

Court, by again presenting Sir George Vandeput to the mob; but the

idol’s holiday was past; and he himself soon declined the contest.

The Earl of Marchmont, adopted into the Court, moved the Address

in the House of Lords, but coldly and unanimated; the fire and

acrimony which made him shine in Opposition were gone, and no

grace had succeeded. In the other House, Lord Egmont reflected on

the Address, which he said, he expected would have been prudent and

discreet, but found some parts of it improper and vain-glorious:

that he believed the measures were well intended, but would prove

unsuccessful; that the College of Princes had objected to an

election of a King of the Romans; that the new memorial of the King

of Prussia, outwardly relative to the Silesian loan, was founded,

he believed, on that Prince’s dissatisfaction with our conduct in

the affair of the election; that he desired to avoid petulance, but

thought it improper to give approbation to measures as wise, in

which no wisdom had appeared, and that therefore, in wording the

Address, he would omit the words _wisdom as well as_ goodness; that

he acknowledged the goodness, not the wisdom. Mr. Pelham replied,

that he thought the noble Lord (_who was as accurate as anybody

in writing_)[220] had made a false emendation; that the purpose

of maintaining peace was all that was aimed at in the speech; who

would not own the wisdom as well as the goodness of his Majesty in

this? This is all the speech says: is it good in the King or in

Ministers to pursue bad measures? there cannot be great goodness

and little wisdom.

Feb. 9th.--Lord Egmont, in the course of the Mutiny Bill, moved to

have oaths administered to evidences on regimental Courts Martial.

He still combatted the giant of military power: Sir Henry Erskine,

the old companion of his chivalry, was now the first to oppose him.

The consideration, at the motion of Lord George Sackville, was

deferred till the report.

13th.--The Duke of Bedford moved to have the accounts of Nova

Scotia laid before the House. Lord Halifax added, that all letters

to and from the Secretary of State relative thereto should be

produced. The Duke of Newcastle opposed this, and desired that only

extracts might be brought. The Duke of Bedford artfully inflamed

this contest, praised Lord Halifax, and acquiesced.

15th.--Was published the Duke of Newcastle’s answer to the Memorial

presented by Mons. Michell, Secretary of the embassy from the King

of Prussia. This Memorial and other papers had been presented in

November and December of the preceding year, and was a pretended

justification of the Prussian King’s conduct in stopping the last

payment of the money due to the subjects of Great Britain on the

Silesian loan. This money had been borrowed of private persons in

the year 1734 by the Emperor Charles VI., and he had mortgaged to

them as a security his Revenues arising from the Duchies of Upper

and Lower Silesia, for payment of principal and interest, till the

whole debt should be discharged, which was fixed to be in the

year 1745. But no sooner was the Imperial debtor dead, than the

King of Prussia seized the province of Silesia, on the cession of

which to him in form by the treaty of Breslau in 1742, he agreed

to take the debt upon himself, and to stand exactly in the place

of the Emperor; and actually did continue to discharge part of

it; but being intent on erecting himself into a naval Power, and

as intent on traversing the views of his uncle, he had involved

himself in squabbles with England by transporting and furnishing

naval and hostile stores to France on board his Embden ships, some

of which had been taken by our men of war, some condemned, some

restored. These discussions not turning out to his satisfaction,

or he being determined not to be satisfied, at length resolved

to detain the last payment on the Silesian loan; that is, after

a certain balance had been liquidated by his own Ministers, he

stopped about 30,000_l._ of 45,000_l._ which were due, and offered

to our subjects to pay the remainder, provided they would give a

full and authentic discharge for the whole debt: a transaction

the more arbitrary and unjustifiable, as his complaints were not

dated till 1746, and the whole debt ought to have been discharged

the year before. The measure was violent and insulting, and a

glaring comment on the inconveniences resulting from our connexions

with the Continent. The great superiority of the navies of Great

Britain over the baby fleet of Prussia, the only arms by which

nations so separated could come to any discussion of interests,

was too evident for that Prince to have dared to hazard his infant

hopes in so unequal a contest, had he not been sensible that we had

a pawn on the continent with which he might indemnify himself for

any exertion of British resentment;--and indeed, while we have this

pledge staked for our good behaviour, every petty Prince who is a

match for Hanover is too powerful for England; nor is it a question

any longer what nations can cope with Great Britain, but, what

little Landgrave is too formidable to the Electorate?

With the Duke of Newcastle’s letter was delivered a confutation

of the Memorial, drawn up by Sir George Lee, Dr. Paul, the King’s

Advocate for Civil Law, Sir Dudley Rider, Attorney, and Mr.

Murray, Solicitor General. The examination was made in concert by

all, the composition solely by the last; and perhaps few pieces

in any language can stand in comparison with it, for elegance,

perspicuity, art, and argument. The genius of the author did honour

to his country in a performance of such notoriety; but perhaps the

dignity of England had been less hurt, if we had been made appear

to be less in the right. What advantage was there in having the

better of the argument against a Prince, who lay out of danger from

the resentments of Great Britain, while Hanover lay at his mercy?

It is unseemly for great nations to combat with the pen; and except

in the scholastic reign of James the First, England never dictated

to other kingdoms by a superiority in controversy. What is still

more striking, and a remark that I might, but will not often make,

scarce a murmur followed this supineness of conduct. Even those who

suffered in that tender point, their interest, seemed contented

with our pedantic victory. In the year 1743, a yellow sash worn

by the King in the field, and one or two Hanoverian prejudices as

trifling, were on the brink of raising a Civil War in this country.

In the year 1753, both national honour and national avarice could

not, did not attempt to raise so much as a Debate in the House

of Commons in their own defence! A little spark, in comparison,

kindled the flame that followed.

At the end of the last year, while the dissensions in the tutorhood

had been carried so high, an anonymous Memorial,[221] pretended to

have been signed by several Noblemen and Gentlemen of the first

rank and fortune, had been sent to five or six particular persons:

it ran in these words:

_A Memorial, &c._

The Memorialists represent,

That the education of a Prince of Wales is an object of the

utmost importance to the whole nation.

That it ought always to be entrusted to Noblemen of the most

unblemished honour, and to Prelates of the most disinterested

virtue, of the most accomplished learning, and of the most

unsuspected principles, with regard to government both in Church

and State.

That the misfortunes, which this nation formerly suffered or

escaped under King Charles the First, King Charles the Second,

and King James the Second, were owing to the bad education of

those Princes, who were early initiated in maxims of arbitrary

power.

That, for a Faction to engross the education of a Prince of Wales

to themselves, excluding men of probity, property, and wholesome

learning, is unwarrantable, dangerous, and illegal.

That, to place men about a Prince of Wales, whose principles are

suspected, and whose belief in the mysteries of our Holy Faith

is doubtful, has the most mischievous tendency, and ought justly

to alarm the friends of their country, and of the Protestant

Succession.

That, for Ministers to support low men, who were originally

improper for the high trust to which they were advanced, after

complaints made of dark, suspicious, and unwarrantable means

made use of by such men in their plan of education; and to

protect and countenance such men in their insolent and unheard of

behaviour to their superiors, is a foundation for suspecting the

worst designs in such Ministers, and ought to make all good men

apprehensive of the ambition of those Ministers.

That, it being notorious that books inculcating the worst maxims

of government, and defending the most avowed tyrannies, have been

put into the hands of the Prince of Wales, it cannot but affect

the Memorialists with the most melancholy apprehensions, when

they find that the men who had the honesty and resolution to

complain of such astonishing methods of instruction are driven

away from Court, and that the men who have dared to teach such

doctrines are continued in trust and favour.

That the security of this Government being built on Whig

principles, and alone supported by Whig zeal; that the

establishment of the present Royal Family being settled on

the timely overthrow of Queen Anne’s last Ministry, it cannot

but alarm all true Whigs, to hear of schoolmasters of very

contrary principles being thought of for Preceptors; and to see

none but the friends and pupils of the late Lord Bolingbroke

entrusted with the education of a Prince, whose family that Lord

endeavoured by his measures to defeat, and by his writings to

exclude from the Throne of these kingdoms.

That, there being great reason to believe that a noble Lord has

accused one of the Preceptors of Jacobitism, it is astonishing

that no notice has been taken of a complaint of so high a nature;

on the contrary, the accused person continues in the same trust,

without any inquiry into the grounds of the charge, or any steps

taken by the accused to purge himself from a crime of so black a

dye.

That no satisfaction being given to the Governor and Preceptor,

who, though a nobleman of the most unblemished honour, and a

Prelate of the most unbiassed virtue, have been treated in the

grossest terms of abuse, by a menial servant in the family, is

derogatory to his Majesty’s authority, under which they acted, is

an affront to the Peerage, and an outrage to the dignity of the

Church.

That whoever advised the refusal of an audience to the Lord

Bishop of Norwich, who was so justly alarmed at the wrong methods

which he saw taken in the education of the Prince, is an enemy to

his country, and can only mean at best to govern by a faction, or

is himself influenced by a more dangerous faction, who intend to

overthrow the Government, and restore the exiled and arbitrary

House of Stuart.

That to have a Scotchman of a most disaffected family, and

allied in the nearest manner to the Pretender’s First Minister,

consulted on the education of the Prince of Wales, and entrusted

with the most important secrets of Government, must tend to alarm

and disgust the friends of the present Royal Family, and to

encourage the hopes and attempts of the Jacobites.

Lastly, the Memorialists cannot help remarking, that three

or four low, dark, suspected persons are the only men whose

situation is fixed and permanent, but that all the great offices

and officers are so constantly varied and shuffled about, to the

disgrace of this country, that the best affected apprehend that

there is a settled design in those low and suspected persons

to infuse such jealousies, caprices, and fickleness into the

two Ministers whose confidence they engross, as may render this

Government ridiculous and contemptible, and facilitate the

Revolution, which the Memorialists think they have but too much

reason to fear is meditating.

God preserve the King!

Of these papers, one had been sent to General Hawley, and another

to Lord Ravensworth. The former immediately carried one copy of

his to the Duke, who gave it to the King, and another to the Duke

of Newcastle, whose fright was only equalled by the noise raised

by other copies of the Memorial, which was soon dispersed. Whoever

was ill at or discontented with the Court, whoever was popular,

whoever was remarkably Whig, were said to be in the number of the

Memorialists. But why Hawley was selected for one of the first

copies, was not so easily guessed. It was well said, by somebody,

that it was judiciously intended by the author, if he meant to have

it propagated; for as Hawley could not read, he must of necessity

communicate it to others. Why Lord Ravensworth received one was

obvious. He was reckoned one of the warmest and honestest Whigs in

England. His being reckoned so, was a reason for the authors of

the Memorial to address one to him; perhaps not their only reason;

perhaps their thinking him rather a factious and interested, than

an honest Whig, was the chief inducement to them to sow their seeds

of discontent in a rank soil, which did indeed produce an ample

crop.

In the beginning of February, Lord Ravensworth came to town, and

acquainted Mr. Pelham that he had strong evidence of Jacobitism

to produce against Stone, Murray, the Solicitor-General, and Dr.

Johnson, Bishop of Gloucester. The notification was not welcome;

yet could not be overlooked nor stifled. Lord Ravensworth had

already communicated his intention of having the affair sifted

to the Duke of Devonshire, the Chancellor, Lord Anson, and Mr.

Fox, the latter of whom he had consulted, whether he should carry

the notice to the King or to the Duke. Mr. Fox told him that the

Duke never meddled out of his own province, the Army. The Ministry

determined, against the opinion of Lord Granville, that the Cabinet

Council should hear Lord Ravensworth’s information.

On the 15th, 16th, and 17th, the Cabinet Council sat long and

late, but with much secrecy, inquiring into this affair. The first

night Lord Ravensworth was heard for four hours. The purport of

his accusation was, that some few weeks before at Durham, one

Fawcett, an Attorney, reading the newspaper which mentioned the

promotion of Dr. Johnson to the Bishopric of Gloucester, said “He

has good luck!” Being asked what he meant by that expression, he

had replied, “Why, Johnson has drunk the Pretender’s health twenty

times with me and Mr. Stone and Mr. Murray.” Dr. Cowper, Dean of

Durham, who had been present at this dialogue, was called, and in a

short and sensible manner confirmed Lord Ravensworth’s account. The

conversation made no noise at the time; only Dr. Chapman, master

of Magdalen College in Cambridge, gave private intelligence of it

to Harry Vane, a creature of the accused triumvirate, and he, by

Mr. Pelham’s order, wrote to Fawcett to know the meaning of this

imputation. Fawcett denied what he had said, and acquitted the

Bishop of the charge. The clamours against Stone, on his quarrel

with the Bishop of Norwich and Lord Harcourt, and the Memorial

reaching Lord Ravensworth soon after this conversation happened, he

determined to signalize his zeal, and hastened to London, Fawcett

having confirmed to him what he had denied to Vane, but begging not

to be produced as an accuser.

16th, Fawcett was examined: never was such an instance of terror

and confusion! yet with reluctance and uncertainty he owned that

what he had uttered at Durham was true. The substance of his

evidence was, “that, about twenty years ago, Murray, then a young

Lawyer, Stone, then in indigence, and himself, had used to sup

frequently at one Vernon’s, a rich Mercer, a noted Jacobite, and

a lover of ingenious young men. The conversation was wont to be

partly literature, partly treason; the customary healths, _The

Chevalier_ and _Lord Dunbar_.”

Had the greater part of the Council not wished well to the accused,

it must have shocked them to hear a charge of such consequence

brought after an interval of twenty years, brought on memory,

the transactions of a private company, most of them very young

men, at worst flattering an old rich bachelor of no importance,

and, in their most unguarded moments, never rising beyond a

foolish libation to the healths of their imaginary Monarch and

his Minister. Considering the lengths to which party had been

carried for the last twenty years; considering how many men had

been educated at Oxford about that period, or had been in league

with every considerable Jacobite in the kingdom, if such a charge

might be brought after so long a term, who almost would not be

guilty? Who almost would be so innocent as not to have gone beyond

a treasonable toast? It was necessary to be very Whig to see Lord

Ravensworth’s accusation in an honourable light.

17th, Lord Ravensworth and Fawcett were called to sign their

Affidavits: the latter asked if he might alter his? The Chancellor

told him he might add for explanation, but not make two Affidavits.

He said, “My lords, I am fitter to die than to make an Affidavit.”

He contradicted many things that he had told Lord Ravensworth, and

behaved so tragically, yet so naturally, that the Council were too

much moved to proceed, and adjourned.

The accused were warm and earnest in denying the charge: Stone in

particular affirming, that he would allow the truth of all that

had been alleged against him for the last six months, if he had so

much as once drunk the Pretender’s health in the most envenomed

companies, even when a student at Oxford; adding many menaces of

prosecuting Fawcett for calumny. Such minute assurances from one so

suspected, or such strains of prudence in his very youth, did not

much contribute to invalidate Fawcett’s testimony in the eyes of

the world.

19th, the House of Commons went on the supply for Nova Scotia, as

opened by Lord Duplin. Colonel Cornwallis, just returned from that

Government, gave a short and sensible account of the colony, where,

he said, the trade and improvements had been carried to as great a

height as could be expected in the time. Beckford spoke strongly

in behalf of the colony, and for attending to the West Indies,

where all our wars must begin and end; that till we attended to

our Navy, we had done nothing in the last war; how preferable

this, to flinging our money into the gulf of Germany! He commended

Cornwallis, and the Board of Trade. Sir Cordel Firebrace inquired

into the state of the civil government; Cornwallis gave it. Gray

spoke for improving it. Mr. Pelham desired to have it remembered,

that the support of the colony was the sense of the House; and

he told Beckford, that if he would praise oftener where it was

deserved, his reproofs would be more regarded.

The Council sat late again that night: Fawcett collected more

resolution; said, that Lord Ravensworth had been in the right to

call upon him; that it was fact that he had been with the three

accused when the treasonable healths were drunk; that at such a

distance of time, he could not swear positively that they drank

them; but he would endeavour with time to recollect particular

circumstances.

21st and 22nd, the Council continued sitting, and heard Mr. Stone

purge himself, who, with other articles of defence, called Bishop

Hay Drummond to the character of his principles.

On the 23rd, Mr. Murray appeared before them, but rejected

impetuously the reading of the Depositions: he said, he was

positive to their falsehood, be they what they might: as he was

aware that suspicions might arise from the connexions of his

family, he had lived a life of caution beyond even what his

principles would have dictated.

Lord Ravensworth grew unquiet. Fawcett’s various and uncertain

behaviour distressed him: though the world was willing to believe

the accused Jacobites, the evidence did not tend to corroborate

the opinion: was drinking a treasonable health all the treason

committed by men from whom so much danger was apprehended? Were no

proofs of disloyalty more recent than of twenty years to be found

against men who were supposed involved in the most pernicious

measures? If no acts of a treacherous dye could be produced against

them since they came into the King’s service, might it not well

be supposed, that their views and establishment under the present

Government had washed out any stains contracted by education or

former adulation? and it did appear that Vernon the Mercer had

actually made Murray the heir of his fortunes. Lord Ravensworth

consulted the Speaker, who advised him to establish his own truth,

in having received the advertisement from Fawcett--but neither was

that denied, nor the drinking the healths disbelieved, though both

Stone and Murray at the last session of the Council on the 26th,

when the latter made an incomparable oration, took each a solemn

oath, that the charge was absolutely false.

The Council made their report to the King, signed unanimously,

that Fawcett’s account was false and scandalous--yet the Duke

of Grafton, one of the unanimous, owned to Princess Emily, that

Fawcett being asked if he had seen Mr. Murray since he had been in

town, confessed he had, that he had been sent to him by Harry Vane.

“What did Mr. Murray say to you?” “He advised me to contradict

what I had said.” And the Chancellor, who communicated the whole

transaction to the Duke of Bedford, seemed to own Mr. Murray

guilty. How his jealousy of Murray, and his mean court to Stone,

made him choose to distinguish between them, will appear still more

strongly hereafter.

The King’s acceptance of Lord Ravensworth’s zeal was by no means

gracious. Whether those frowns provoked, whether the Cabinet

censure might inflame, whether disappointment from the ill success

of such notable policy had soured, or whether he was still

persuaded that the House of Hanover was in danger by employing

men who had had such dangerous connexions in their youth with a

Jacobite Mercer, Lord Ravensworth was eager and busy in blowing

up farther and more public inquisition. His temper was naturally

hot; he was reckoned honest; two strong motives to prevent his

acquiescing calmly to the disgrace he had received. His manner

of prosecuting his measure, whatever was the end, was neither

warm nor over-righteous. He tampered with the Duke of Bedford,

communicated his papers to him, and even told him that it would

not be disagreeable to him to be called upon in the House of Lords

to explain his conduct. Yet to others he protested that he had no

dealings with the Duke. His Grace was warned of this intricate

behaviour; yet being still warmer than Lord Ravensworth, and

incapable of indirect policy himself, he slighted the notice; and

on March 16th, acquainted the Lords, that on the Thursday following

he should move for the papers relating to the examination of Stone

and Murray. This was a strain of candour a little beyond what

was exacted by honour or policy. If the notification exceedingly

embarrassed the Ministry, it must be owned that the measures they

concerted, from the time given them by the Duke, were as discreet

and artful as could be devised.

The 22nd was the day of expectation. The House was crowded. The

Duke of Bedford began with observing that the public attention

had been so engrossed by the late Cabinet Councils, that he was

not surprised at the multitude he found assembled to hear the

discussion, or at least to get some light into an affair, which,

though touching the public so nearly, had been wrapt in such

mysterious secrecy: such solemn councils held on treason, yet so

little known of either accusation or process!--the effects indeed,

the acquittal and the continuation of confidence, were divulged and

notorious. His difficulties in a disquisition of this tender nature

were great; difficult it was for him, after repeated obligations,

to name the name of his Majesty--yet, if ever he should suggest

a doubt, he could only mean his Majesty’s Ministers. It is the

very spirit of the Law, the King can do no wrong--and not only

the language of Law and of Parliament, it was the language of his

heart--his experience of the King had taught it him: his Majesty

cannot err, but when facts are not fairly stated to him. Those who

state them unfairly, may misrepresent me. “The notoriety,” said

the Duke, “that an inquest of treason had been in agitation, made

me conclude that it must be brought hither for our advice--could I

doubt but it would? What other Judicature is there for crimes and

criminals of this high nature? The incompetence of the Lords who

had been assembled for this trial was evident: can the Cabinet

Council condemn? Can they acquit? if they cannot condemn nor

acquit, can they try? or who that is accused, is innocent, till he

has had a more solemn purgation than their report can give him?

But if no character can be purified by their verdict, what becomes

of their own? My Lords, what a trust is reposed in the Cabinet

Council! Can they be at peace till their opinions are sanctified by

our sentence? But why do I talk of their satisfaction? the nation

has a right to be satisfied. Here is an accusation of treason

brought against men in such high and special trust, that the

Councils of his present Majesty, and the hopes of the nation in the

successor, are reposed in them: and this charge brought by a Lord

of Parliament, who--but it is not for me to enter upon facts; the

Lord himself is present, and has given me leave to call upon him:

he showed me papers, though he said, he was fully satisfied that he

had cleared his own character--I call upon that noble Lord to give

your Lordships the necessary information.”

Lord Ravensworth, not from want of any facility of expressing

himself, for his manner was natural and manly, but from perplexity

of mind, whether to own or not to own that he had instigated

the Duke of Bedford to this examination, was ambiguous and

unsatisfactory; and he endeavoured to cover his ungenerous

behaviour to that Duke with frankness and candour. He said, that

by the King’s consent, he had received what papers he thought

necessary, that is, he had received his own examination and the

report--indeed, he had not been permitted to have a copy even of

Harry Vane’s letter. For his part, he had determined to proceed

no farther. When the Duke of Bedford asked him, he had shown him

the examination, not the report. That he had told his Grace that

it would not be disagreeable to him to have the whole world know

the story, and let them judge on it. That he should never have

sought this discussion, yet could not but be glad of it. That

so many aspersions had been thrown on him, that he believed his

story had never been twice told in the same manner. That he had

represented to the Ministers, as was his duty, what he had heard,

and had left it to them to proceed upon as they should think

proper--that, now he was called upon, he was willing to lay open

the whole to their Lordships, provided they would allow him to name

a Lord of Parliament, who was concerned in the affair, and was now

present--but must first desire that they would let himself be sworn

to the strict veracity of what he should say.

The Duke of Bedford told him, that as the Lord was present, he

might name him, unless it was opposed; that the Lord, if he thinks

proper, may retire: that it would be very irregular for Lord

Ravensworth to be sworn. The Duke of Newcastle said, that he

supposed it proceeded from the Bishop’s ignorance of the forms of

the House, that he had not risen and given leave to be named; but

that he would answer for his Lordship’s permission. The Bishop of

Gloucester (the person hinted at) pleaded ignorance of forms, and

consented to the free mention of his name. Lord Ravensworth told

him, that as he was perfectly acquitted, the Lords would be ready

to do him justice. Lord Ravensworth then told the story shortly,

clearly, well: that company having dined with the Dean at Durham on

the King’s birth-day, as two of them, Fawcett and a Major Davison,

were drinking coffee with the Dean in the evening, and reading

a newspaper which mentioned a report that Dr. Johnson was to be

Preceptor[222] to the Prince of Wales, Fawcett said, “He has good

luck! twenty years ago he was a Jacobite.” That this conversation

had seemingly been forgot: but that on the 12th of January

following, as he (Lord Ravensworth) was at a Club at Newcastle

with Fawcett, the latter had showed him a letter from Harry Vane,

inquiring into the meaning of those words. That he recollected

no particulars of the letter--and he said with emphasis, _This

letter, my Lords, I have not_. It only, as far as he remembered,

expressed that Mr. Vane was desired and authorized by Mr. Pelham to

inquire into that conversation, as it had occasioned some talk. He

dwelt on his great regard to Mr. Pelham, and said, that urged by

that motive, he had desired Fawcett to come to him the next day;

that he had exhorted him to stick to the truth, and in four several

conversations had always found him uniform. In those conversations

he added the names of Mr. Stone and Mr. Murray--then, my Lords, I

took it up; it then grew important. I feel none higher, none of

more moment than Mr. Stone. That he had advised Fawcett to write

no answer, but to go to Mr. Pelham; he went. That what tended to

confirm his own suspicions, and led him to believe the imputed

connexion, was his finding, upon inquiry, that Vernon had been a

notorious Jacobite; that Mr. Murray had been Vernon’s sole heir.

That some other incidents had not weakened his doubts; that Mr.

Murray had advised Fawcett to let the affair drop; that Bishop

Johnson said Fawcett had acquitted him in a letter written to him;

the letter had been written to the Bishop, but his Lordship stood

by while Fawcett wrote it. That soon afterwards the Bishop would

have persuaded Mr. Fawcett to add these words, _and this is all I

can say consistent with truth_. Fawcett refused. He concluded with

saying, “My Lords, I was not the accuser; I told the Ministers,

that, having come to the knowledge of the accusation, I was

determined to bring the affair to light in some shape or other. I

did it from duty and from zeal, not, as has been said, to revenge

the quarrel of a noble Lord,[223] my friend, who has quitted a

shining post on some disgusts with some of the persons involved in

this charge.”

The Duke of Bedford observed, that Lord Ravensworth had made some

omissions in his narration, of which, as he had given him leave, he

would put him in mind--to which the other replied hastily, that he

had communicated nothing to the Duke from the last papers he had

received, only from his own examination. The Duke owned that he

had not seen the report; but took notice that Lord Ravensworth had

forgot to mention that Fawcett had kept no copy of Vane’s letter,

and that Fawcett had owned to the Council that he had given Lord

Ravensworth all the information which the latter affirmed to have

received from him. The Chancellor, who was to conduct the solemn

drama of the day, took care to keep off all episodes that might

interfere with the projected plan of action, and interrupted the

two Lords, by laying it down for order, that Lord Ravensworth must

not repeat what he had only _heard_ passed in Council. But this

authoritative decision was treated as it ought to be by the Duke

of Bedford, who with proper spirit launched out upon the indecent

assumption of power in the Council, a step that added double

weight to the reasons for bringing this matter before Parliament.

That indeed even the Chancellor’s supposing it had been brought

before the _Council_ was an unfounded assertion; that he denied

its being the _Council_; it was only a private meeting of certain

Lords--were they a Committee of Council? as such was it, that they

arrogated the power of tendering oaths, and listening to voluntary

evidences? if they were, the President of the Council should have

presided--but here was no President, no forms, no essence, no

authority of Council. In their own persons only these Lords were

respectable. The Secretary of State is no Justice of Peace. An

unheard-of jurisdiction had been attempted to be erected, unknown

to this country, derogatory from the authority of this House!

Before this revived Star-chamber, this Inquisition,--different

indeed from the Inquisition in one point, for the heretics of this

court were the favourites of it!--before this court the accused

were admitted to purge themselves upon oath--a leading step to the

introduction of perjury! But what was the whole style of their

proceedings? mysterious! secret! arbitrary! cruel! The minutes are

secreted; the witnesses were held in a state of confinement:[224]

Lord Ravensworth was required to deliver up letters: orders for

filing informations against Fawcett were given--or said to be

given--“for I doubt the intention of carrying them into execution,”

said the Duke: “though, if they are pursued, the hardship on

Fawcett will be the greater, as he is already pre-judged.” The

report, concise as it was, was three-fold: it pronounces Fawcett’s

accusation false and malicious; it pronounces the accused innocent;

it justifies Lord Ravensworth, the accuser! how many powers

assumed! Fawcett, though a lawyer, was terrified at such a court!

“It was their proceedings,” the Duke said, he blamed; he had great

regard for more than half of the Lords concerned, yet he must say

they had erred greatly, if their proceedings were anything more

than preparatory. However, these transactions did not strike him

more than the high rank of the accused. Mr. Stone stands in as

public a light as any man in Britain--there are other points in

which the public should be satisfied too--for his part he had

never conferred with the reverend and noble Lords,[225] who had

lately retired from that important turbulent scene, yet he owned

their resignations had already filled him with suspicions. They had

been dismissed for no misbehaviour: he hoped they would vouchsafe

to lay their motives before the House, that, _in this acquitting

age_, they too may be disculpated--nay, the Council too should

be disculpated; it should be manifest that they were not biased,

and that their report is fit to see the light. Seen to be sure it

will be; it cannot be meant to be secreted. Till it is produced,

the world is left to perplexity, to argue in the dark--till more

is known, one is apt to dwell on the uniformity of Fawcett’s

behaviour for four different times--no deviation, no inconsistence

in his narrative, till after his interviews with Bishop Johnson

and Mr. Murray--then it grew retrograde--then he faltered in his

evidence--this gives suspicion; this calls for the whole system of

the Council’s procedure--how to produce that properly he did not

know.

“You all wish the accused may be cleared; assist me, my Lords, in

dragging into light every testimonial of their innocence: it is our

natural business; and at the same time no business more arduous

on which to give the King advice. Here he may want it; sinister

advices may make our unbiased, honest opinions more necessary,

more welcome.” The noble Lord who presided lately over the

education of the Prince, has been as well replaced as possible; the

choice was the more acceptable, as it was his Majesty’s own--_he_

can do no wrong; he always acts right, when he acts himself. The

time is proper for inquiring into this affair; it is no longer

under examination; nor could he be told, as he generally was,

“_we have a clue: don’t stop us: these are the King’s secrets_.”

This inquiry can be attended with no inconvenience; it may be

attended with good: the King desires to have the accused persons

cleared. For the papers that are denied, they must be produced

in Westminster-hall, if Fawcett is prosecuted--there _the King’s

secrets_ must come out. That now was not merely the proper, it

was the only time for searching into the character of the person

entrusted with the education of the Prince--should a minority

happen (and sorry he was he had not been able to be present and to

give his dissent to a Bill of so pernicious a precedent and nature

as the Regency Bill!) if that dreaded contingency should happen,

might not they who are possessed of the person and authority of the

King,--might not they, however suspected, however accused, shelter

themselves under the clause of præmunire; a clause calculated

not to guard the person of the Prince, but the persons of his

Governors from danger? He moved for all the papers, examinations,

and letters, that had been before the Cabinet Council.

The Chancellor, with acrimonious tenderness, began with protesting,

that he should have taken this for a factious motion, had it not

come from a Lord of so unsuspected a character--but he would enter

at once into the matter. Lord Ravensworth had applied to have

the affair examined, and his Majesty had ordered his Council to

inquire into it. Mr. Stone had made the deepest asseverations of

his innocence; nay, he went so far as to beg that the distance of

time might be thrown out of the question, and that if the least

tittle of the accusation could be proved against him, his guilt

might be considered as but of yesterday. That the term _Cabinet_

Council, said to be borrowed from France, was no novelty; that it

was to be found in the Journals of Parliament. That the Duke of

Devonshire being added by his Majesty’s particular order on this

occasion, was not unprecedented. That it had been called by our

ancestors, sometimes the Cabinet for Foreign Affairs; sometimes

the Cabinet for Private. How they corresponded as a Council in

Queen Elizabeth’s time might be seen in Forbes’s State Papers.

That they had not proceeded by compulsory summons: that it had

been determined in Westminster-hall, that a Secretary of State

may administer oaths. That Magistrates indeed might not accept

the oath of an accused person: here in truth their oaths had been

accepted now by an act of grace, which was the more excusable,

as they were subject to no punishment from the Council that

examined them. That this had been an inquiry for satisfaction,

not for prosecution: that their oaths was the only satisfaction

to be obtained: Vernon was dead; nobody else was present at these

pretended treasonable meetings, (this was false, for he presently

afterwards urged in their favour, that Mr. Cayley, who is living,

and used to be present, had been examined, and could remember

no such passages;) that the oaths had not been administered by

authority, but admitted at their own desire. He commended the great

solemnity of the proceedings, and added, we have all of us the

King’s leave to answer any questions.

He dwelt on the prevarications and inconsistence of Fawcett’s

behaviour, who had often said that he could not charge anybody but

himself. He then turned to encomiums on the zeal and conduct of Mr.

Stone during the Rebellion; and mentioned Mr. Cayley’s evidence.

Slightly he mentioned Mr. Murray, who, he said, had always behaved

in his court in an irreproachable and meritorious manner from the

year 1742. (Servile was this court to Stone; envious this transient

approbation of Murray!) He added, that no orders had been given for

the prosecution of Fawcett--but in a higher tone he talked of the

impropriety of the Motion: that no prerogative was so appropriate

to the King as the government of his own family: that ten Judges

had declared for it[226]--therefore, you will not wantonly invade

it--have you any distrust of the Lords who have sifted this matter?

to what good end would further inquiry tend? That much he was

surprised how the Regency Bill came to be drawn into the question!

Is there one word in that Bill of the Governors of the Prince of

Wales? He never knew that the noble Duke had disapproved that Bill.

He reflected with pleasure on the many converts that had been made

from Jacobitism, and hoped that by raking into old stories their

Lordships would not prevent and discourage change of principles:

that it would make those who were willing to come over to the pale

of loyalty dread parliamentary inquiries hanging over their heads:

they would never think themselves safe: and it would be ungenerous

to exclude men of any principles from enjoying the sunshine and

blessings of such a Reign and Government--for his part he hated

names and distinctions, and to stifle any attempts for reviving

them would give his negative to the Motion.

Lord Harcourt rose next, and though a little abashed as never

accustomed to speak in public, said, with great grace and

propriety, that he thought the King had the best right to judge in

his own family; that he had communicated to his Majesty alone the

reasons of his dissatisfaction in the government of the Prince:

his Majesty had not thought his reasons good; he had therefore

resigned a post which he thought he could not hold with credit and

reputation.

If the decency and consistency of this speech had wanted a foil, it

would have found it in Lord Talbot’s subsequent harangue; who said,

that if the Motion had come from a person of less known integrity,

he should have thought it dictated by a spirit of confusion. That

some indeed love the Crown, some a jumble of Administrations. That

a very sensible man drunk, may make a very good Jacobite: that he

knew Fawcett, and had had a good opinion of him; but that often

where he thought there was most perfection, he had found least.

That he would not have acted like Lord Ravensworth--yet--(what a

_yet_ after such a prelude!) shall a private Council exclude the

activity of the greater? The management of the Royal Children is

of public import: shall the Council engross the direction of them?

Hereafter, if this precedent is suffered, a cabal of Ministers

will be worse than the Star-chamber. The precedent will be used to

stifle all inquiries against sycophants, by applying to the Crown

to appoint a trial by the Cabinet Council.

Hayter, Bishop of Norwich, the late Preceptor, with no less

decency than Lord Harcourt, but with a little more artful desire

of inflaming the prejudice against Stone and Murray, said that

he would not declare the reasons of his resignation till he

should be forced. That all he would say was, that he had met with

obstructions from inferiors, _most cruel obstructions_. That he did

not think himself at liberty to appeal from the King, _yet would

willingly tell if he was obliged to it_. This insinuating offer the

Duke of Bedford had not the presence of mind to take up; and the

Bishop’s gauntlet not being challenged, he could not with propriety

go any farther. Perhaps the Ministry had not more reason to triumph

on the event of the day, than on the Duke of Bedford’s overlooking

so fair an opening into their most vulnerable part!

At last rose the Bishop of Gloucester. If provocation often

sharpens the genius, it did not in his case. Yet he was not

confused, he was insolent: he spoke like a man that had governed

children,[227] not like one fit to govern them. His language

and circumstances were vulgar and trivial; he dwelt more on his

housemaid letting in Mr. Fawcett when he came to him, than on any

part of his defence. He said, he did not doubt but their Lordships

would treat this accusation with the abhorrence it deserved. That

for himself, he yielded to many on the Bench for capacity, he would

not to any in loyalty. That he had had promises of favour formerly

from his Grace of Bedford, and hoped he had not forfeited them:

that it was not true that there had long been a scheme of making

him Preceptor; that [he] himself had never heard of it till he was

at the Hague, and then he was told of such a design by a noble

Duke, who had heard it from a noble Lord, who had heard such a

report--but not one of his own friends had thought of it for him:

that if his Majesty had designed it, he did not know it. That in

the Roman state, when informers were most rife, yet nothing had

happened of this kind. He insisted on the badness of Fawcett, and

affirmed that he did not dictate to him the letter for himself,

though he owned he stood by while Fawcett wrote it; and that two

days afterwards, when he desired Fawcett to add some words to it,

they were not, _This is all I can say consistent with truth_, but,

_This is the truth_.

Lord Ravensworth entirely acquitted the Bishop, and added this

extraordinary problem, that Fawcett’s character was so bad only

from its being so good. He desired to know of all the Lords,

whether they did not acquit him; and whether they did not believe

that Fawcett had told him all he had announced.

Of the Duke of Newcastle’s speech, an hour in length, I shall

touch but a few of the most remarkable passages, such as, after

acquitting Lord Ravensworth, were his panegyric on Harry Vane, _who

never said a false thing, or did a bad one_! and another, scarce

less exaggerated, on the Duke of Devonshire’s _sagacity_, for which

his Majesty had ordered him to be added to the Council. Of his own

immediately going to the King, and saying, “Sir, I am come to keep

my promise; that you should be the first to hear any complaints

against Stone; if he is a Jacobite, he is a greater traitor to

me than to you.” How Stone, who had had the fate of kingdoms in

his breast, had desired to have the accusation examined, and to

be sequestered from his attendance on the Prince of Wales, till

he should be acquitted; and lastly, how these stories had been

propagated by cabal and intrigue, and by the anonymous Memorial

sent assiduously all over the kingdom, full of falsities and

irreverence to the King; and which General Hawley, as was his duty,

had brought to him within an hour after receiving it.

At last opened the solemnity of the scene! the Chancellor’s

hackneyed sophistries, the Bishop of Gloucester’s pedantic scorn,

and the Duke of Newcastle’s incongruous volubility, were rightly

judged or foreseen to want a proper weight on so serious an

occasion. To raise the comely pompous dignitaries of the Cabinet

Council, and make them break their long mystic silence in favour

of the accused, was a resource that did honour to the policy, as

it effectually did the business, of the secret junto. The Duke of

Marlborough first, and then the Archbishop, rose and gave short

accounts of their having fully agreed in the sentence and report of

the Council. Lord Waldegrave, with decency and spirit, commended

Stone, spoke highly of the young Prince, and added, that he would

not act a moment longer as Governor, than he should find Mr. Stone

a man of honour, principles, and integrity. Dr. Hay Drummond,

Bishop of St. Asaph, and brother of Lord Duplin, made a very

elegant and eloquent speech in behalf of the accused. The Marquis

of Hartington and the Duke of Dorset gave their testimonials, like

the two former,[228] to the acts of the Cabinet Council. Lord

Granville added to his, “That innocence was no defence against

temporary clamour; it will blow over: but I don’t like Mr. Stone’s

desiring to have it heard any farther; it would be making ourselves

an inquisition. Some often accuse others, to come at a third

person. I love my Lord Harcourt for what he said.” The Duke of

Grafton, too, bore his testimony.

The Duke of Bedford rose again, and said, that if he had been

angry, he had had time to cool: and must say, on the utmost

deliberation, and with the greatest attention to what he had heard,

that he had not found sufficient reason to acquit the accused

persons, and for this strong reason, amongst others, that it

remains evident that the Bishop of Gloucester had tampered with

Fawcett--do the innocent tamper with evidence? as little could he

agree with the Duke of Newcastle, who said he would be guilty to

be so acquitted by the Chancellor--Newcastle interrupting him,

that he had only said, he would be suspected; the Duke of Bedford

rejoined, that when his Grace had gone so far, it was no wonder if

he had gone a little farther; but so far from agreeing even to that

modification, he would not be suspected by one man, to be acquitted

by that whole House. That, when he had been of the Cabinet Council,

he had never known such a thing as their sitting on a trial. That

the Duke of Newcastle had told them almost the whole examination;

what can induce their Lordships still to refuse to ask for it? That

he had been particularly called upon to make this Motion; that

the nation demands it; that the very Parliament of Paris would

go into such an examination. That if any, in so high a trust as

the care of the Prince of Wales, are suspected, can it be called

a point of domestic concern only? can it be deemed so domestic

as to forbid public inquiry? That he must still urge that Fawcett

had never prevaricated, till the Bishop had been with him--but if

his Lordship is really desirous of purging himself of this charge,

let him promote this Motion: here he will be sure of the most

impartial trial, of the most open, and consequently of the most

satisfactory acquittal. “To prompt witnesses to prevaricate--to

stifle inquiry--these arts will not quiet the suspicions of

mankind. A more manly way it had been to have said, we did drink

these healths, we were as Jacobite as it is pretended we were, but

we are converted--but, my Lords,” concluded the Duke, “it is not to

prove that these healths were drunk that I contend--if any part of

the charge is true, more is true.”

Lord Bath objected to any farther examination of a man who had

so prevaricated with the Cabinet Council, whose proceedings, he

said, were not only sufficient, but not unprecedented. That he

had once been examined so himself, with Sir Paul Methuen and Mr.

Cholmondeley, and that they had been examined separately; it was in

relation to one Lewis, a clerk to Lord Oxford, who, by mistake for

one Levi, a Jew, had been suspected of negotiations with the Court

of St. Germains: it was in the Queen’s time, and she had referred

it to the Cabinet Council.

Lord Northumberland perceiving it was a day for great men to stand

forth, thought it a good opportunity to announce his own dignity;

but he said little to the purpose. Still less was said by the young

Marquis of Rockingham, though he had prepared a long quotation from

Tacitus about informers; and opened with it.

The Duke of Argyle sneered at Ministers out of place--not at

future Ministers, for he was profuse in flattery to Stone, who,

till lately, he had never heard had an enemy! that, during the

Rebellion, happening to be at the Secretary’s office, two men came

to solicit Mr. Stone for a place; the refused went away the better

pleased of the two, from Mr. Stone’s gracious manner of refusing!

Lord Anson bore his testimony to the unanimity and report of

the Cabinet Council. Dr. Madox, of Worcester, ungraciously

and rudely said, that though it might be right to countenance

converts, yet would it be wrong to entrust the whole to one,

who had been a Jacobite. That there were great dissatisfactions

already: what would ensue, if a Star-chamber were erected to

protect the most unpopular? why not remove Mr. Stone to any other

employment? let him come and take his place among your Lordships.

He added, that great would be the hardship on Fawcett, if tried

in Westminster-hall; for what Jury but would be influenced by the

authority and decision of the Council? Lord Holderness notified

his assent to the proceedings of the Cabinet Council. The Bishop

of Worcester and Lord Sandys had some jarring; and then Lord

Ravensworth put a period to this solemn mummery, in which he had

acted such various parts, by saying that he was satisfied with his

acquittal; that he thought nothing farther necessary to his honour;

would take no farther part; did not desire anybody else would;

would leave it here--and went away! A silence of confusion ensued

for some minutes; nobody rising to speak, the Duke of Bedford, Lord

Townshend, Lord Harcourt, and the Bishop of Worcester, went below

the bar to divide, and the Bishop of Norwich was going; but no more

following, they gave it up without telling the House; all the Tory

Lords keeping their seats to vote for Stone and Murray.

FOOTNOTES:

[220] Lord Egmont had written some pamphlets against the Pelhams.

[221] It was written by the Author of these Memoirs.

[222] Lord Ravensworth at first, as is mentioned, p. 266, thought

that Fawcett’s observation on Dr. Johnson’s promotion, had been in

relation to the Bishopric; but on recollection and discussion, it

appeared to have related to the intention of making him Preceptor

to the Prince of Wales.

[223] Lord Harcourt.

[224] The Dean of Durham (Dr. Cowper) and the others were literally

detained privately in separate rooms for several hours; yet Murray,

one of the accused, as it appeared, had evidently tampered with

Fawcett the accuser, and seen him at his own house; so had Dr.

Johnson.

[225] Bishop of Norwich and Lord Harcourt.

[226] In the late King’s reign, on the difference between his

Majesty and the Prince.

[227] He had been one of the Masters of Westminster School.

[228] The Duke of Marlborough and the Archbishop.

Memoirs of the Reign of King George the Second, Volume 1 (of 3) · 第 10 / 12 章