CHAPTER XIV

1699-1700

Death of the Electoral Prince of Bavaria--Renewed negotiations

--Second Partition Treaty--The Irish forfeitures--The

Resumption Bill--Will and death of the King of Spain.

The political event on which William had founded hopes of re-opening the

army question has been indirectly referred to in the last chapter. This

event, as has been said, was one which might reasonably have been

thought likely to dispose the English Parliament to a more liberal view

of the military necessities of the country by bringing once more into

prominence a European danger which diplomacy had been hitherto believed

to have averted. In the early days of 1699 the Electoral Prince of

Bavaria--the youthful heir-designate of the Spanish monarchy--took his

departure from a troubled world whose confusions were to be formidably

increased by his quitting it. The English Parliament, as we have seen,

refused to allow the Prince's death to modify their policy. But William

could not afford to overlook it; for it, of course, reopened at once the

whole question which had been closed by the First Partition Treaty, and

rendered it necessary to nominate a new successor to the Spanish

kingdom and its possessions in the New World. Louis XIV. was the first

to move in the matter. He instructed De Tallard to sound William as to a

new Treaty, and, after one or two candidates had been mentioned and

rejected, it was finally agreed between the French and English

sovereigns that the Archduke Charles, the son of the Emperor Leopold,

should be the future King of Spain and the Indies, and that the

Milanese, which had been allotted to him under the First Treaty, should

go to Louis, by whom it was to be bartered for Lorraine. The arrangement

was complete in all respects except that of having received the sanction

of the Emperor by the summer or early autumn of 1699; but the rumour of

it caused a violent outbreak of indignation in Spain. The Marquis of

Canales, Spanish Ambassador at the English Court, was instructed to

protest, which he did in terms so insolently imperious that William, on

being informed at Loo of the language used by him, at once directed that

the Marquis's passports should be handed to him, and at the same time

recalled our own ambassador at Madrid. By whose means the provisions of

the new Treaty were communicated to the Spanish Court and people is not

certainly known; but considering that one of the parties to whom it had

been submitted rejected it (for the Emperor at the eleventh hour refused

to sign), and, moreover, that another party--the French king--had never,

in all probability, sincerely assented to it, there is no need for much

speculation on this point. Leopold had known and obvious motives for

disclosing it to the unhappy Charles, and Louis is more than suspected

of having private motives for doing so. But whichever of the two was the

medium of communication, Louis was indisputably the gainer. The news

aroused a powerful anti-Austrian feeling in the minds of the Spanish

people, of which the French King, who was far better served at the Court

of Madrid than the Emperor, was not slow to take advantage. From the

autumn of 1699 till the 1st of November 1700, when the few and miserable

days of Charles II. came to an end, the agents of France worked

persistently, and in the end successfully, to overcome the Austrian

leanings of the dying monarch, and to convince him that on grounds of

patriotism, no less than of legal and moral obligation, he was bound to

devise his dominions to his lawful French heir, and away from the Prince

to whom Louis had solemnly agreed with William that they should pass.

The final consummation of these intrigues, however, was still a year

distant, and meanwhile an incident of extreme interest, and at the time

of exceeding gravity, in English politics, has to be recorded. On the

19th of November Parliament met again, and in a mood which boded ill for

the relations between the sovereign and the third estate of his realm.

The session began with one of the numerous abortive attacks made upon

Somers in the course of his distinguished career, and an equally

unsuccessful attempt was made to procure the disgrace of that perpetual

bugbear of the Tories, Bishop Burnet. But these were merely in the

nature of preliminary skirmishes; it was not long before hostilities

were opened upon William and his Ministers in a more serious way. It

will be remembered that at the close of the last session the Commons

tacked to the Land Tax Bill a clause appointing seven commissioners to

inquire into the Irish forfeitures, and that the Lords, after some

demur to the manner in which the proposal was being forced upon them,

passed the measure. The report of these commissioners, who had been

pursuing their inquiries in Ireland during the recess, was now ready,

and early in the session it was presented to Parliament, signed by four

of the commissioners, the other three dissenting. Disfigured by many

exaggerations and some wilful misstatements, this important document

contained, nevertheless, an amount of discreditable truth sufficient not

only to excite considerable popular feeling against William at the time,

but to inflict some permanent injury on his historical reputation.

The four commissioners reported that all the lands in the several

counties in Ireland belonging to the forfeited persons amounted, as far

as they could reckon, to 1,060,762 acres, worth £211,623 per annum, and

computed therefrom to be of the capital value of £2,685,138. That some

of these lands had been restored to the old proprietors by virtue of the

Articles of Limerick and Galway, or by his Majesty's favour through

reversal of outlawries, and royal pardons obtained chiefly by

gratifications to such persons as had abused his Majesty's royal bounty

and compassion; and that besides these restitutions, which they thought

to be corruptly procured, there were seventy-six grants and "custodians"

under the Great Seal of Ireland, of which they made a recital--as, for

instance, to the Lord Romney, three grants now in being, containing

49,517 acres; to the Earl of Albemarle, in two grants, 106,633 acres in

possession and reversion; to William Bentinck, Esq., Lord Woodstock

(Portland's eldest son), 135,820 acres of land; to the Earl of Athlone

in two grants, 26,480 acres; to the Earl of Galway one grant of 36,148

acres, etc. That the estates so mentioned did not indeed yield so much

to the grantees as they were valued at, because as most of them had

abused his Majesty on the real value of their estates, so their agents

had imposed upon them, and had either sold or let the greatest part of

these lands at an undervalue; but that after all deductions and

allowances there yet remained £1,699,343: 14s. which they laid before

the Commons as the gross value of the estates forfeited since the 13th

day of February 1689, and not restored. The commissioners went on, in

excess, as it should seem, of their attributions,[20] to report that

William had conferred the forfeited Irish estates of the late King

James, estimated at 95,649 acres, worth £25,998 a year, on his mistress,

the Countess of Orkney. Excluding this item, however, the value of the

restorations and royal grants against which the commissioners reported

amounted, it will be seen, to close upon a million sterling.

It is very probable, indeed it may be said to be certain, that the total

value of these forfeitures was grossly exaggerated by the commissioners;

it is possible that it was to some extent wilfully exaggerated for party

purposes. The lands forfeited in Ireland during the Revolution may have

been worth "nearer half a million sterling than two millions and a

half." It does not seem to me, however, that this is a point of the

importance which Macaulay seems to attach to it. Even if it could be

shown that the proportion of the royal grants to the total forfeitures

was unduly magnified through an over-estimate of the value of the

former, I cannot see that it would affect the merits of the case. The

real gist of the charge against William in respect of these

grants--assuming, that is to say, that he was justified in making them

at all without the sanction of Parliament--is to be sought not in a

comparison of the royal benefactions with the amount of the property at

his disposal, but in an examination of their proportions _inter se_.

Even if it be shown that he distributed property of the value not of a

million sterling, but of only a fifth of that sum, it remains equally

true in either case, that more than one-tenth of his bounty went to a

single favourite who had little or no public services to show for them,

and very nearly an eighth to a young man whose only claim upon him was

that of being an able and faithful servant's eldest son. The grants to

Albemarle and Woodstock are impossible to defend, and the latter almost

impossible to explain. William had already loaded Portland with

benefits, and to the vast estates he had bestowed upon him in England

his eldest son would, in the natural course of events, succeed. On what

ground, either of justice or even of sentiment, it could have been

thought well to enrich the expectant heir of so much English landed

property with 135,820 acres of forfeited Irish land is a mystery which

has never been satisfactorily explained. As to the grant to Albemarle,

it was of even worse example. Woodstock was at least the son of a

counsellor to whom William owed much, and whom he might conceivably

have regarded himself as rewarding in the person of his heir; but what

had Keppel, a mere favourite, a young courtier with no other

recommendations but his youth, his good looks, and his complaisance, a

personality too closely recalling that of a "minion" of Henri Trois, and

which in the Jacobite libels, not wisely to be thus supplied with

colourable pretexts for their calumnies, was openly so described--what,

one cannot but ask, had Keppel done to deserve a grant of 106,633 acres

of the forfeited Irish land? Compare these two largesses, Woodstock's

and Albemarle's, with those bestowed on Lord Romney, an ex-Secretary of

State, and one of the leaders of the movement which brought William to

England; on Lord Athlone, the stout Dutch soldier who, as General

Ginkel, had given and taken many a hard knock in his master's service;

on Lord Galway, that gallant Marquis de Ruvigny who had turned the flank

of the Irish on the bloody day of Aghrim. Albemarle's, the smaller of

the two, is more than twice that of Romney, nearly thrice that of

Galway, more than four times that of Athlone. It was impossible for

William to contend in the face of this evidence that he had simply been

using the forfeited lands of Irish rebels to reward those public

servants who had done most by valour in the field, or wisdom in the

council-chamber, to establish firmly on the throne of England, the

Prince chosen by the nation; and that therefore he was merely

anticipating the national reward which would have been conferred upon

them, and virtually drawing upon one national fund in relief of

prospective charges upon another. He could not even contend, as we have

seen, that this was the _main_ use to which he had put the forfeitures;

for though wisdom and valour had come in for a share of the spoils,

their share was lamentably smaller than that which was won by mere arts

of courtiership. There is, in short, no denying the fact that while

William applied a part of this property to strictly public objects, or,

in other words, to objects to which, but for such application of it, the

public would have to contribute in another shape, he devoted far too

large a portion of it to purposes of purely private benefaction, for

which he would otherwise have had to resort to drafts upon his Civil

List.[21]

But even this does not exhaust all the disagreeable elements in the

transaction. Had the Irish forfeitures been simply in the nature of

property "within the order and disposition" of the sovereign, and

impressed with only a constructive trust for the benefit of the nation,

the King's dealings with it would have been open to grave reprehension.

As a matter of fact, however, the property in question was the subject

not of a mere constructive trust, but of an express recognition on

William's part of its fiduciary character, and of a distinct promise

that Parliament, as representing the _cestui que trust_, should have an

opportunity of deciding on the proper mode of its application. On the

5th of January 1691 the King had closed the short autumn with a speech,

in which he assured the Houses that he would not "make any grant of the

forfeited lands in England and Ireland till there be another opportunity

of settling that matter in Parliament, in such manner as shall be

thought most expedient." This undertaking had reference to a Bill which

had actually passed the Commons for applying the Irish forfeitures, and

which only failed to become law because William, who was due at the

Congress then about to meet at the Hague, was compelled to prorogue

Parliament before the Lords had had time to consider the measure. It is

vain to contend that this promise was fulfilled, because several

"opportunities" were given to Parliament to deal with the question--in

the sense that several sessions were allowed to pass without Parliament

moving in the matter--before William himself proceeded to grant away the

forfeited lands. William was not entitled, under the circumstances, to

infer any surrender of parliamentary control over the forfeitures from

mere parliamentary inaction. Such an inference would in any case have

been a somewhat questionable one; but this was a case in which the

wishes of one branch of the Legislature had already been recorded in the

form of a distinct legislative project. The King knew, in short, that

the Commons desired to make Irish rebellion as far as possible pay for

its own suppression; he knew that they looked to the value of the

rebels' lands to afford partial relief to the English tax-payer from the

heavy imposts to which he was being subjected; and when, knowing this,

he proceeded to grant away large tracts of these lands, thus affected to

the national service, at his own will and pleasure, and in many cases to

persons whom the nation would never have consented to endow so

munificently out of its own pocket, he was unquestionably dealing with

his Parliament and people after a fashion which, in the case of a

private individual standing in analogous relation to other parties,

would be severely condemned. If he intended to ignore his promise of

January 1691 altogether, his grants were mere high-handed usurpations of

right; if he relied upon the mere "allowance of opportunities" in the

manner above mentioned as being a fulfilment of that promise, then he

was guilty of something which can only be described in modern

phraseology as sharp practice.

Undoubtedly the House of Commons might have proceeded with more

moderation than they displayed, but the majority in that House felt that

they had a good, and what was still better, a popular case against the

King and his advisers; they knew that the country was sore with the

weight of taxation, and jealous of the amount of royal favour bestowed

upon foreigners; and they felt that they might rely upon the combined

force of these two sentiments to support them in extreme measures.

Having gained their first triumph in the committal to the Tower of Sir

Richard Levinge, one of the dissentient commissioners who had charged

his colleagues with speaking disrespectfully of the sovereign in

connection with these benefactions, they introduced the famous

Resumption Bill, a measure by which all the royal grants were

invalidated, and the whole of the alienated property resumed to the use

of the State. In the Bill sent up to the Lords from the Lower House in

1690 it had been proposed to reserve a third part of the forfeitures to

the King, and William was not without hopes that this reservation, which

would just about have covered his grants to Woodstock, Albemarle, and

the three other peers whose names have been mentioned above, would be

renewed. The imperious majority, however, refused to hear of any such

modification of their demands. They rejected a clause moved by Ministers

for reserving at least some portion of the forfeitures to the King; and

they carried resolutions to the effect that "the advising, procuring,

and passing of the grants in Ireland had been the occasion of

contracting great debts, and laying heavy burdens upon the people; that

the said grants reflected highly upon the King's honour; and that the

officers and instruments concerned in procuring and passing them had

highly failed in the performance of their duty." These resolutions were

presented to William at Kensington by the Speaker and leaders of the

Opposition. William replied that he had thought himself bound to reward

out of the forfeited property those who had served him well, and

especially those who had borne a principal part in the reduction of

Ireland. The war, he said, had undoubtedly left behind it a heavy debt,

and he should be glad to see that debt reduced by just and effectual

means.

The answer, though undoubtedly weak enough, seems scarcely open to one

of the criticisms which Macaulay pronounces upon it[22]. It would have

been not so much injudicious as absurd on William's part to "hint" that

the Irish forfeitures "could not justly be applied to the discharge of

the public debts." His meaning could only have been that it would not be

just to the grantees to resume their property in order to apply it to

public uses. It would appear, however, that the House of Commons

understood his words in the wider and less defensible sense. The

Resumption Bill was pushed vigorously through the House of Commons, and

in order to paralyze the expected resistance of the Lords, the expedient

of tacking was again resorted to. The Bill was tacked to a Land Tax Bill

for raising two shillings in the pound for the service of the next year,

and then sent to the Upper House. It passed its second reading by a

considerable majority, but in committee and on the third reading several

amendments were carried. It is highly significant, however, that though

William was known to be very solicitous to obtain the confirmation of at

least some of his Irish grants, and though the majority in the Lords in

favour of the amendment may be supposed desirous of doing all that they

reasonably could to gratify him, the Bill as regards his dealings with

the Irish forfeitures was left untouched. The majority contented

themselves with modifying certain arbitrary and inequitable provisions

whereby the Lower House had sought to usurp jurisdiction over property

which had never come to the Crown by forfeiture at all, and to grant

estates and sums of money of their own authority, and without the

constitutional intermediation of the Crown, to certain favoured

individuals. Thus amended, the Bill was sent back to the Lower House,

where it met of course with the very reception which the expedient of

tacking was designed, in the event of its coming back with amendments,

to secure for it. Parties had been much divided as to the policy of

tacking the Resumption Bill to a money Bill; but as to the duty of

resisting an attempt on the part of the Lords to amend a Bill sent up to

them in this fashion parties were united. The amendments were rejected

_nemine dissentiente_, and at the conference which followed the Lords

were informed by the managers of the Commons that the point of

constitutional practice was too well settled to be arguable, and that

the Bill was left in their hands along with the responsibility of all

the serious consequences which must follow its rejection. The Lords

nevertheless for a time stood firm; they resolved by a majority of

thirteen to adhere to their amendments, and on the following day the

Bill was, on a second conference, returned once more to the Commons, by

whom it was once more sent back to the Lords, with an intimation that

the determination of the Lower House was unalterable. This was on the

10th of May, and the whole of that day and night the greatest public

excitement prevailed. The deadlock between the two Houses had reached

such a point that if both refused to give way, and the supplies were

consequently lost, a complete dislocation of the national business,

accompanied in all probability by dangerous popular disturbance, would

have assuredly followed.

From this peril the country was saved at the critical moment by the good

sense and magnanimity of William. His behaviour was the more creditable

to him because not only was he eager, as has been said, for the

rejection of the Resumption Bill, but he had taken so active a part in

the attempt to bring about that result that surrender must necessarily

subject him to additional humiliation. There can be no doubt from the

account given by Burnet, whose own painful perplexity between the claims

of courtiership and patriotism increases the value of his testimony on

the subject, that William had tried hard to procure the defeat of the

measure. "The King," says the Bishop, "seemed resolved to venture on all

the ill consequences that might follow the losing this Bill, though

these would probably have been fatal. As far as we can judge either

another session of that Parliament or a new one would have banished the

favourites and begun the Bill anew with the addition of obliging the

grantees to refund all the mesne profits. Many in the Lords, that in all

other things were very firm to the King, were for passing the Bill,

notwithstanding the King's earnestness for it, since they apprehended

the ill consequences that were like to follow if it was lost." On the

5th of April he told Portland that if the Bill was not stopped in the

Upper House he should count all lost; and on the same day he declared

that he was resolved not to pass the Bill, and that the only question

was whether he should prorogue the Parliament on that day or on the

following Monday. On or before the 10th of April he had reflected more

maturely on the situation, and with that intuitive recognition of when

to give way, which only strong rulers ever seem to exhibit, and which

the masterful Elizabeth had displayed before him, he saw that the time

had arrived to yield. He took steps to have it conveyed to his adherents

in the Upper House that he desired the Bill to pass; and on the sitting

of the following day, May 11, the Lords withdrew their amendments and

accepted the Bill in its original form. Thus passed away a most perilous

crisis, and William, by the fine temper and moral courage with which he

thus submitted to perhaps the most galling rebuke ever inflicted upon a

monarch by a legislative assembly, must be admitted to have gone far to

atone for the serious error of his previous action. He was, however, and

not unnaturally, of opinion that he had done enough in the cause of the

peace, and the next day, in order to prevent the presentation to him of

an address from the Commons, praying that no person not a native, except

Prince George of Denmark, should be admitted to his Majesty's Councils

in England or Ireland, he came down and prorogued Parliament without a

speech.

The whole of the year 1700 was destined to abound in fresh troubles for

this sorely-tried and now fast waning life. No sooner had the English

Parliament separated than the Scotch Parliament met; and their first

business was to espouse the cause of their foolish and unlucky

countrymen who had taken part in the famous "Darien expedition," and

were now under detention by the Spanish Government at Carthagena. The

notable scheme in which these men had thus lost their liberty, and so

many thousands of other Scotchmen their property, was originated by an

adventurer of the name of Paterson, and depended for its success on the

double assumption that the territorial owners of the country on which

they proposed to found a trading station for the avowed purpose of

diverting trade from these owners' hands into their own would respect

their occupancy, and that the burning heat and malarious climate of an

equatorial region would spare their lives. Neither of these assumptions

had been realised. The sun and the swamps had thinned the number of the

settlers to a handful, and this remnant had been besieged, forced to

capitulate, and expelled from the isthmus by the forces of Spain.

William promised, in reply to an address from the Edinburgh legislators,

to demand the release of the Carthagena prisoners; but when the Scotch

Parliament proceeded to pass a resolution affirming that the colony in

Darien was a legal and rightful settlement, and that the Parliament

would maintain and support the same, the King thought it high time to

put a check on their proceedings. This he endeavoured to do through the

royal commissioner by means of repeated adjournments carried to such an

extent as to cause riots in Edinburgh, and at last, by dint of

conciliatory replies to their resolutions, and possibly by

gratifications of a more substantial kind, succeeded not only in

pacifying his northern subjects on this matter, but in bringing them,

before the close of the session at the end of the year, into a state of

such loyal complaisance that, unlike their English brethren, the Scotch

legislators voted for keeping on foot the whole of the land forces that

existed in the kingdom when the session began.

The time was now fast approaching when William's military policy was to

be justified by events. Throughout the whole of this year the struggle

of rival Powers over the fast decaying body of the unhappy Charles had

gone spiritedly forward at the Court of Madrid. The combatants, however,

were unequally matched. On the side of France were enlisted the services

of Cardinal Portocarrero, who soon succeeded in removing the King's

confessor--an Austrian instrument--and substituting another in the

French interests. The terrors of religion were then brought to bear upon

the wretched sovereign in a strength sufficient to overcome his natural

leanings in the matter of the disposition of his crown and kingdom

towards his own Austrian flesh and blood. They persuaded the unhappy

imbecile that he had been bewitched through Austrian agency; they

persuaded the populace of Madrid that the partisans of Austria had

brought about a famine. Having at last succeeded in utterly discrediting

the rival party, and working upon the superstition of Charles until he

believed that if he ousted his Bourbon heir from the succession he would

be inevitably damned, the French faction finally induced him to sign a

will appointing Philip, Duke of Anjou, universal successor to the

Spanish monarchy. A month afterwards this miserable slave of the priest

and the plotter at last obtained his manumission. He died on the 1st of

November 1700, and William then learnt for the first time that the

months of laborious negotiations spent on the successive framing of two

carefully-drawn treaties had been completely thrown away. For a brief

space of time, indeed, he remained in doubt whether Louis really

intended to play him false, but before the middle of the month of

November all uncertainty was at an end. Louis threw over the Partition

Treaty and adopted the will. The Duke of Anjou was despatched into Spain

with the historic exclamation touching the effacement of the

Pyrenees--mountains certainly not in this instance removed by

"faith,"--and William had the intolerable chagrin of discovering not

only that he had been befooled, but that his English subjects had no

sympathy with him or animosity against the royal swindler who had

tricked him. "The blindness of the people here," he writes sadly to the

Pensionary Heinsius, "is incredible. For though the affair is not

public, yet it was no sooner said that the King of Spain's will was in

favour of the Duke of Anjou, than it was the general opinion that it was

better for England that France should accept the will than fulfil the

Treaty of Partition."

FOOTNOTES:

[20] It was justly contended by the dissentient commissioners that these

lands had passed to William by his father-in-law's abdication in 1688,

and did not therefore come properly within the purview of an inquiry

limited to forfeitures occurring since February 13, 1689. The majority

of the commission insisted, however, paradoxically enough, that James's

Irish estates were only forfeited on, and by, his invasion of Ireland in

March of the latter year.

[21] The grants to Lady Orkney, of which so much was made by the country

party at the time, raised a totally different question on another level,

so to speak, of political morality. These grants were made out of

William's inheritance from his predecessor; and though Macaulay is no

doubt abstractedly right in arguing that William should have pensioned

his mistress out of economies effected in his Civil List than by

alienating his hereditary revenue, the remark is from the practical

point of view somewhat of an anachronism. In our day, when the lands of

the Crown are formally vested in commissioners by the sovereign in

consideration of his Civil List at the commencement of each reign, the

quasi-national character of this property is fixed and emphasised. But

no sovereign before William's time had regarded it in this light, or

recognised any implied restraint upon alienation; and William, with

Charles II.'s grants to his numerous mistresses before his eyes, may

well be excused for thinking his gift to Lady Orkney not only

justifiable but laudably moderate.

[22] The context of the passage, "The Commons murmured, etc., 'His

Majesty tells us,' they said, 'that the debts fall to us, and the

forfeitures to him'" (_Hist. Eng._ v. 271), appears clearly to show that

Macaulay supposed William to be speaking of the whole of the forfeitures

as not justly applicable to the public debt. His own previous words will

just admit (though not in strict grammar) of the construction that the

King was referring only to the "one-fifth part of these estates" which

had passed to deserving grantees; but if this is to be its construction,

Macaulay's favourite boast that he had written no sentence capable of

being misunderstood would have to be abandoned.

William the Third · 第 14 / 15 章