CHAPTER XIII.

THE BANISHMENT OF ATTERBURY.

[Sidenote: 1722--Funeral of Marlborough]

On Thursday, August 9, 1722, the "pompous solemnity" of Marlborough's

funeral took place. The great procession went from the Duke's house in

St. James's Park, through St. James's and the Upper Park to Hyde Park

Corner, and thence through Piccadilly, St. James's Street, Pall Mall,

Charing Cross, and King Street to Westminster Abbey. A small army of

soldiers guarded the remains of the greatest warrior of his age; a whole

heralds' college clustered about the lofty funeral banner on which all

the arms of the Churchills were quartered. Marlborough's friends and

admirers, his old brothers-in-arms, the companions of his victories,

followed his coffin, and listened while Garter King-at-Arms, bending over

the open grave, said: "Thus it hath pleased Almighty God to take out of

this transitory life unto His mercy the most high, most mighty, and most

noble prince, John Churchill, Duke and Earl of Marlborough."

In Applebee's _Weekly Journal_ for Saturday, August 11th, two days after

the funeral, we are told that the Duchess of Marlborough, in honor of the

memory of her life-long lover, had offered a prize of five hundred pounds

for a Latin epitaph to be inscribed upon his tomb, and that "several

poets have already taken to their lofty studies to contend for the prize."

At Marlborough's funeral we see for the last time in high public estate

one of the few Englishmen of the day who could properly be named in the

same breath with Marlborough. This was Francis Atterbury, the eloquent

and daring Bishop of Rochester. Atterbury came up to {212} town for the

purpose of officiating at the funeral of the great Duke. On July 30,

1722, he wrote from the country to his friend Pope, announcing his visit

to London. "I go to-morrow," Atterbury writes, "to the Deanery, and I

believe I shall stay there till I have said dust to dust, and shut up

this last scene of pompous vanity." Atterbury does not seem to have been

profoundly impressed with the religious solemnity of the occasion. His

was not a very reverential spirit. There was as little of the temper of

pious sanctity in Atterbury as in Swift himself. The allusion to the

last scene of pompous vanity might have had another significance, as well

as that which Atterbury meant to give to it. Amid the pomp in which

Marlborough's career went out, the career of Atterbury went out as well,

although in a different way, and not closed sublimely by death. After

the funeral, Atterbury went to the Deanery at Westminster--he was Dean of

Westminster as well as Bishop of Rochester--and there, on August 24th,

the day but one after the scene of pompous vanity, he was arrested by the

Under-Secretary of State, accompanied by two officers of justice, and was

brought, along with all papers of his which the officers could seize,

before the Privy Council. He underwent an examination, as the result of

which he was committed to the Tower, on a charge of having been concerned

in a treasonable conspiracy to dethrone the King, and to bring back the

House of Stuart. In the Tower he was left to languish for many a long

day before it was found convenient to bring him to trial.

[Sidenote: 1722--The King's speech]

England was startled by the disclosures which followed Atterbury's

arrest. On Tuesday, October 9, 1722, the sixth Parliament of Great

Britain--the sixth, that is to say, since the union with Scotland--met at

Westminster. The House of Commons, on the motion of Mr. Pulteney,

elected Mr. Spencer Compton their Speaker, and on the next day but one,

October 11th, the Royal speech was read. The King was present in person,

but the speech was read by the Lord Chancellor, for the good reason which

we {213} have already mentioned that his Majesty the King of England

could not speak the English language. The speech opened with a startling

announcement. "My Lords and Gentlemen"--so ran the words of the

Sovereign--"I am concerned to find myself obliged, at the opening of this

Parliament, to acquaint you that a dangerous conspiracy has been for some

time formed, and is still carrying on, against my person and government,

in favor of a Popish pretender." "Some of the conspirators," the speech

went on to say, "have been taken up and secured, and endeavors are used

for the apprehending others." When the speech was read, and the King had

left the House, the Duke of Grafton, then Lord-lieutenant of Ireland,

brought in a bill for suspending the Habeas Corpus Act, and empowering

the Government to secure and detain "such persons as his Majesty shall

suspect are conspiring against his person and government, for the space

of one year." The motion to read the Bill a second time in the same

sitting was strenuously resisted by a considerable minority of the Peers.

A warm debate took place, and in the end the second reading was carried

by a majority of sixty-seven against twenty-four. The debate was renewed

upon the other stages of the Bill, which were taken in rapid succession.

The proposal of the Government was, of course, carried in the end, but it

met with a resistance in the House of Lords which certainly would not

have been offered to such a proposal by any member of the hereditary

chamber in our day. Some of the recorded protests of dissentient peers

read more like the utterances of modern Radicals than those of

influential members of the House of Lords. The strongest objection made

to the proposal was that the utmost term for which the Constitution had

previously been suspended was six months, and that the measure to suspend

it for a year would become an authority for suspending it at some future

time for two years, or three years, or any term which might please the

ministers in power. On Monday, October 15th, the Bill was brought down

to the Commons, and was read {214} a first time on the motion of Walpole.

The Bill was passed in the Commons, not, indeed, without opposition, but

with an opposition much less strenuous and influential than that which

had been offered to it in the House of Lords. On October 17th it was

announced to Parliament that Dr. Atterbury, the Bishop of Rochester, the

Lord North and Grey, and the Earl of Orrery, had been committed to the

Tower on a charge of high-treason. A few days after, a similar

announcement was made about the arrest and committal of the Duke of

Norfolk.

[Sidenote: 1722--Proclamation of James]

By far the most important of the persons committed for trial was the

Bishop of Rochester. Francis Atterbury may rank among the most

conspicuous public men of his time. He stands only just beneath

Marlborough and Bolingbroke and Walpole. Steele, in his sixty-sixth

_Tatler_, pays a high tribute to Atterbury: "He has so much regard to his

congregation that he commits to memory what he has to say to them, and

has so soft and graceful a behavior that it must attract your attention.

His person, it is to be confessed, is no slight recommendation; but he is

to be highly commended for not losing that advantage, and adding to a

propriety of speech which might pass the criticism of Longinus, an action

which would have been approved by Demosthenes. He has a peculiar force

in his way, and has many of his audience who could not be intelligent

hearers of his discourse were there not explanation as well as grace in

his action. This art of his is used with the most exact and honest

skill; he never attempts your passions until he has convinced your

reason; all the objections which he can form are laid open and dispersed

before he uses the least vehemence in his sermon; but when he thinks he

has your head he very soon wins your heart, and never pretends to show

the beauty of holiness until he hath convinced you of the truth of it."

Atterbury had, however, among his many gifts a dangerous gift of

political intrigue. Like Swift and Dubois and Alberoni, he was at least

as much statesman as churchman. {215} He had mixed himself up in various

intrigues--some of them could hardly be called conspiracies--for the

restoration of the Stuarts, and when at last something like a new

conspiracy was planned, it was not likely that he would be left out of

it. He had courage enough for any such scheme. There was no great

difficulty in finding out the new plot which King George mentioned in his

speech to Parliament; for James Stuart had revealed it himself by a

proclamation which he caused to be circulated among his supposed

adherents in England, renewing in the boldest terms his claim to the

crown of England. A sort of junto of Jacobites appears to have been

established in England to make arrangements for a new attempt on the part

of James; the noblemen whom King George had arrested were understood to

be among its leading members. Atterbury was charged with having taken a

prominent if not, indeed, a foremost part in the conspiracy. The Duke of

Norfolk, Lord North and Grey, and Lord Orrery were afterwards discharged

for want of evidence to convict them. The arrest of a number of humbler

conspirators led to the discovery of a correspondence asserted to have

been carried on between Atterbury and the adherents of James Stuart in

France and Italy.

Both Houses of Parliament began by voting addresses of loyalty and

gratitude to the King, and by resolving that the proclamation entitled

"Declaration of James the Third, King of England, Scotland, and Ireland,

to all his loving subjects of the three nations," and signed "James Rex,"

was "a false, insolent, and traitorous libel," and should be burned by

the hands of the common hangman, under the direction of the sheriffs of

London. This important ceremonial was duly carried out at the Royal

Exchange. Then the House of Commons voted, "that towards raising the

supply, and reimbursing to the public the great expenses occasioned by

the late rebellions and disorders, the sum of one hundred thousand pounds

be raised and levied upon the real and personal estates of {216} all

Papists, Popish recusants, or persons educated in the Popish religion, or

whose parents are Papists, or who shall profess the Popish religion, in

lieu of all forfeitures already incurred for or upon account of their

recusancy." This singular method of infusing loyalty into the Roman

Catholics of England was not allowed to be adopted without serious and

powerful resistance in the House of Commons. The idea was not to devise

a new penalty for the Catholics, but to put in actual operation the terms

of a former penalty pronounced against them in Elizabeth's time, and not

then pressed into execution. This fact was dwelt upon with much emphasis

by the advocates of the penal motion. Why talk of religious persecution?

they asked. This is not religious persecution; it is only putting in

force an edict passed in a former reign to punish Roman Catholics for

political rebellion. This way of putting the case seems only to make the

character of the policy more clear and less justifiable. The Catholics

of King George's time were to be mulcted indiscriminately because the

Catholics of Queen Elizabeth's time had been declared liable to such a

penalty. The Master of the Rolls, to his great credit, strongly opposed

the resolution. Walpole supported it with all the weight of his argument

and his influence. The plot was evidently a Popish plot, he contended,

and although he was not prepared to accuse any English Catholic in

particular of taking part in it, yet there could be no doubt that Papists

in general were well-wishers to it, and that some of them had contributed

large sums towards it. Why, then, should they not be made to reimburse

some part of the expense to which they and the friends of the Pretender

had put the nation? The resolution, after it had been reported from

committee, was only carried in the whole House by 188 votes against 172.

[Sidenote: 1723--Lord Cowper's opposition] The resolution was embodied in

a bill, and the Bill, when it went up to the House of Lords, was opposed

there by several of the Peers, and especially by Lord Cowper, the

"silver-tongued Cowper," who had {217} been so distinguished a Lord

Chancellor under Anne, and under George himself. Lord Cowper's was an

eloquent and a powerful speech. It tore to pieces the wretched web of

flimsy sophistry by which the supporters of the Bill endeavored to make

out that it was not a measure of religious persecution. Indeed, there

were some of these who insisted that, so far from being a measure of

persecution, it was a measure of relief. Our readers will, no doubt, be

curious to know how this bold position was sustained. In this wise: the

penalties prescribed for the Catholics in Elizabeth's reign were much

greater in amount than those which the Bill proposed to inflict on the

Catholics of King George's time; therefore the Bill was an indulgence and

not a persecution--a mitigation of penalty, not a punishment. Let us

reduce the argument to plain figures. A Catholic in the reign of

Elizabeth is declared liable to a penalty of twenty pounds, but out of

considerations of humanity or justice the penalty is not enforced. The

descendant and heir of that same Catholic in the reign of George the

First is fined fifteen pounds, and the fine is exacted. He complains,

and he is told, "You have no right to complain; you ought to be grateful;

the original fine ordained was twenty pounds; you have been let off five

pounds--you have been favored by an act of indulgence, not victimized by

an act of persecution." Lord Cowper had not much trouble in disposing of

arguments of this kind, but his speech took a wider range, and is indeed

a masterly exposure of the whole principle on which the measure was

founded. On May 22, 1723, sixty-nine peers voted for the third reading

of the Bill, and fifty-five opposed it. Lord Cowper, with twenty other

peers, entered a protest against the decision of the House, according to

a practice then common in the House of Lords, and which has lately fallen

into complete disuse. The recorded protests of dissentient peers form,

we may observe, very important historical documents, and deserve, some of

them, {218} a careful study. Lord Cowper's protest was the last public

act of his useful and honorable career. He died on the 10th of October

in the same year, 1723. Some of his enemies explained his action on the

anti-Papist Bill by the assertion that he was a Jacobite at heart. Even

if he had been, the fact would hardly have made his conduct less

creditable and spirited. Many a man who was a Jacobite at heart would

have supported a measure for the punishment of Roman Catholics if only to

save himself from the suspicion of sympathy with the lost cause.

[Sidenote: 1723--Charges against Atterbury]

This, however, was but an episode in the story of the Jacobite plot and

the measures taken to punish those who were engaged in it. Committees of

secrecy were appointed by Parliament to inquire into the evidence and

examine witnesses.

Meantime both Houses of Parliament kept voting address after address to

the Crown at each new stage of the proceedings, and as each fresh

evidence of the conspiracy was laid before them. The King must have

grown rather weary of finding new words of gratitude, and the Houses of

Parliament, one would think, must have grown tired of inventing new

phrases of loyalty and fresh expressions of horror at the wickedness of

the Jacobites. The horror was not quite genuine on the part of some who

thus proclaimed it. Many of those who voted the addresses would gladly

have welcomed a restoration of the Stuarts. Not the most devoted

adherent of King George could really have felt any surprise at the

persistent efforts of the Jacobite partisans. Eight years before this it

was a mere toss-up whether Stuart or Hanover should succeed, and even

still it was not quite certain whether, if the machinery of the modern

_plebiscite_ could have been put into operation in England, the majority

would not have been found in sympathy with Atterbury. It is almost

certain that if the _plebiscite_ could have been taken in Ireland and

Scotland also, a majority of voices would have voted James Stuart to the

throne.

{219}

It was resolved to proceed against Atterbury by a Bill of Pains and

Penalties to be brought into Parliament. The evidence against him was

certainly not such as any criminal court would have held to justify a

conviction. A young barrister named Christopher Layer was arrested and

examined, so were a nonjuring minister named Kelly, an Irish Catholic

priest called Neynoe, and a man named Plunkett, also from Ireland. The

charge against Atterbury was founded on the statements obtained or

extorted from these men. It should be said that Layer gave evidence

which actually seemed to impugn Lord Cowper himself as a member of a club

of disaffected persons; and when Lord Cowper indignantly repudiated the

charge and demanded an inquiry, the Government declared inquiry

absolutely unnecessary, as everybody was well assured of his innocence.

The Government, however, declined to follow Lord Cowper in his not

unreasonable assumption that the whole story was unworthy of explicit

credence when it included such a false statement. The case against

Atterbury rested on the declaration of some of the arrested men that the

bishop had carried on a correspondence with James Stuart, Lord Mar, and

General Dillon (an Irish Catholic soldier, who after the capitulation of

Limerick, had entered the French service), through the instrumentality of

Kelly, who acted as his secretary and amanuensis for that purpose. It

was a case of circumstantial evidence altogether. The impartial reader

of history now will feel well satisfied on two points: first, that

Atterbury was engaged in the plot; and second, that the evidence brought

against him was not nearly strong enough to sustain a conviction. It was

the case of Bolingbroke and Harley over again. We know now that the men

had done the things charged against them, but the evidence then relied

upon was utterly inadequate to sustain the charge.

A "Dialogue in Verse between a Whig and a Tory" was written by Swift in

the year 1723, "concerning the horrid plot discovered by Harlequin, the

Bishop of {220} Rochester's French Dog." The Whig tells the Tory that

the dog--

"His name is Harlequin, I wot,

And that's a name in every plot"--

was generously

"Resolved to save the British nation,

Though French by birth and education;

His correspondence plainly dated

Was all deciphered and translated;

His answers were exceeding pretty,

Before the secret wise committee;

Confessed as plain as he could bark,

Then with his fore-foot set his mark."

[Sidenote: 1723-1731--Atterbury's sentence]

There was more than mere fooling in the lines. The dog Harlequin was

made to bear important evidence against the Bishop of Rochester.

Atterbury had never resigned himself to the Hanoverian dynasty. He did

not believe it would last, and he openly declaimed against it. He did

more than this, however: he engaged in conspiracies for the restoration

of James Stuart. Horace Walpole says of him that he was simply a

Jacobite priest. He was a Jacobite priest who would gladly, if he could,

have been a Jacobite soldier, and had given ample evidence of courage

equal to such a part. He had been engaged in a long correspondence with

Jacobite conspirators at home and abroad. The correspondence was carried

on in cipher, and of course under feigned names. Atterbury appears to

have been described now as Mr. Illington, and now as Mr. Jones.

Atterbury refused to make any defence before the House of Commons, but he

appeared before the House of Lords on May 6, 1723, and defended himself,

and made strong and eloquent protestation of his innocence. One of the

witnesses whom he called in his defence was his friend Pope, who could

only give evidence as to the manner in which the bishop had passed his

time when staying in the poet's house. Christopher Layer, Atterbury's

associate in the general charge of conspiracy, was a young barrister of

good family, a remarkably handsome, {221} graceful, and accomplished man.

One charge against him was that he had formed a plan to murder the King

and carry off the Prince of Wales; but the statements made against Layer

must be taken with liberal allowance for the extravagance of loyal

passion, panic, and exaggeration. Layer had escaped and was recaptured,

was tried, found guilty, and sentenced to death. He was hanged at Tyburn

on March 15, 1723; he met his death with calm courage. His body was

quartered and his head was set on Temple Bar, from which it was presently

blown down by the wind. Some one picked up the head and sold it to a

surgeon. Neynoe, another of the accused men, contrived to escape from

custody, got to the river, endeavored to swim across it, and was drowned

in the attempt.

The charges made against Atterbury had therefore sometimes to rest upon

inferences drawn from confessions, or portions of confessions, averred to

have dropped or been drawn from men whose lips were now closed by death.

Those who defended Atterbury dwelt strongly on this fact, as was but

natural. It is curious to notice how often in the debates of the Lords

on the Bill of Pains and Penalties one noble peer accuses another of

secret sympathy with Jacobite schemes. As regards Atterbury, the whole

question was whether he was really the person described in the

correspondence now as Jones and now as Illington. There might have been

no evidence which even a "secret, wise" committee of that day would have

cared to accept but for the fact that the bishop's wife had received, or

was to have received, from France a present of a dog called Harlequin,

and that there was mention in the correspondence about poor Mr. Illington

being in grief for the loss of his dog Harlequin. This allusion put the

committee of secrecy on the track. The bishop's wife had lately died,

and it would seem from the correspondence that Illington's wife had died

about the same time. Clearly, if it were once assumed that Illington and

Atterbury were one and the same person, there was ample ground for

suspicion, and even for a general belief that the story told {222} was

true in the main. The evidence was enough for Parliament at that time,

and the Bill passed the House of Lords on May 16th by a majority of

eighty-three votes to forty-three. Atterbury was deprived of all his

offices and dignities, declared to be forever incapable of holding any

place or exercising any authority within the King's dominions, and

condemned to perpetual banishment. He went to France in the first

instance with his daughter and her husband. It so happened that

Bolingbroke had just at that time obtained a sort of conditional pardon

from the King; obtained it mainly by bribing the Duchess of Kendal. The

two Jacobites crossed each other on the way, one going into exile, the

other returning from it. "I am exchanged," was Atterbury's remark. "The

nation," said Pope afterwards, "is afraid of being overrun with genius,

and cannot regain one great man but at the expense of another." So far

as this history is concerned we part with Atterbury here. He lived

abroad until 1731, and after his death his remains were brought back and

privately laid in Westminster Abbey.

[Sidenote: 1723--Tom Tempest and Jack Sneaker]

We have directed attention to the freedom and frequency of the

accusations of Jacobitism made by one peer against another during the

debates on Atterbury's case. The fact is worthy of note, if only to show

how uncertain, even still, was the foundation of the throne of Brunswick,

and how wide-spread the sympathy with the lost cause was supposed to be.

When Bolingbroke was allowed to return to England, some of Swift's

friends instantly fancied that he must have purchased his permission by

telling some tale against the dean himself, among others, and long after

this time we find Swift defending himself against the rumored accusation

of a share in Jacobite conspiracy. The condition of the public mind is

well pictured in a description of two imaginary politicians in one of the

successors to the _Tatler_. "Tom Tempest" is described as a steady

friend to the House of Stuart. He can recount the prodigies that have

appeared in the sky, and the calamities that have afflicted the {223}

nation every year from the Revolution, and is of opinion that if the

exiled family had continued to reign, there would neither have been worms

in our ships nor caterpillars in our trees. He firmly believes that King

William burned Whitehall that he might steal the furniture, and that

Tillotson died an atheist. Of Queen Anne he speaks with more tenderness;

owns that she meant well, and can tell by whom she was poisoned. Tom has

always some new promise that we shall see in another month the rightful

monarch on the throne. "Jack Sneaker," on the other hand, is a devoted

adherent to the present establishment. He has known those who saw the

bed in which the Pretender was conveyed in a warming-pan. He often

rejoices that this nation was not enslaved by the Irish. He believes

that King William never lost a battle, and that if he had lived one year

longer he would have conquered France. Yet amid all this satisfaction he

is hourly disturbed by dread of Popery; wonders that stricter laws are

not made against the Papists, and is sometimes afraid that they are busy

with French gold among our bishops and judges.

{224}

A History of the Four Georges, Volume I · 第 13 / 21 章