The History of England, from the Accession of James II — Volume 4

The friends of the government asserted that the marauders were all Jacobites; and indeed there were some appearances which gave colour to the assertion. For example, fifteen butchers, going on a market day to buy beasts at Thame, were stopped by a large gang, and compelled first to deliver their moneybags, and then to drink King James's health in brandy. 334 The thieves, however, to do them justice, showed, in the exercise of their calling, no decided preference for any political party. Some of them fell in with Marlborough near Saint Albans, and, notwithstanding his known hostility to the Court and his recent imprisonment, compelled him to deliver up five hundred guineas, which he doubtless never ceased to regret to the last moment of his long career of prosperity and glory. 335

When William, on his return from the Continent, learned to what an extent these outrages were carried, he expressed great indignation, and announced his resolution to put down the malefactors with a strong hand. A veteran robber was induced to turn informer, and to lay before the King a list of the chief highwaymen, and a full account of their habits and of their favourite haunts. It was said that this list contained not less than eighty names. 336 Strong parties of cavalry were sent out to protect the roads; and this precaution, which would, in ordinary circumstances, have excited much murmuring, seems to have been generally approved. A fine regiment, now called the Second Dragoon Guards, which had distinguished itself in Ireland by activity and success in the irregular war against the Rapparees, was selected to guard several of the great avenues of the capital. Blackheath, Barnet, Hounslow, became places of arms. 337 In a few weeks the roads were as safe as usual. The executions were numerous for, till the evil had been suppressed, the King resolutely refused to listen to any solicitations for mercy. 338 Among those who suffered was James Whitney, the most celebrated captain of banditti in the kingdom. He had been, during some months, the terror of all who travelled from London either northward or westward, and was at length with difficulty secured after a desperate conflict in which one soldier was killed and several wounded. 339 The London Gazette announced that the famous highwayman had been taken, and invited all persons who had been robbed by him to repair to Newgate and to see whether they could identify him. To identify him should have been easy; for he had a wound in the face, and had lost a thumb. 340 He, however, in the hope of perplexing the witnesses for the Crown, expended a hundred pounds in procuring a sumptuous embroidered suit against the day of trial. This ingenious device was frustrated by his hardhearted keepers. He was put to the bar in his ordinary clothes, convicted and sentenced to death. 341 He had previously tried to ransom himself by offering to raise a fine troop of cavalry, all highwaymen, for service in Flanders; but his offer had been rejected. 342 He had one resource still left. He declared that he was privy to a treasonable plot. Some Jacobite lords had promised him immense rewards if he would, at the head of his gang, fall upon the King at a stag hunt in Windsor Forest. There was nothing intrinsically improbable in Whitney's story. Indeed a design very similar to that which he imputed to the malecontents was, only three years later, actually formed by some of them, and was all but carried into execution. But it was far better that a few bad men should go unpunished than that all honest men should live in fear of being falsely accused by felons sentenced to the gallows. Chief Justice Holt advised the King to let the law take its course. William, never much inclined to give credit to stories about conspiracies, assented. The Captain, as he was called, was hanged in Smithfield, and made a most penitent end. 343

Meanwhile, in the midst of discontent, distress and disorder, had begun a session of Parliament singularly eventful, a session from which dates a new era in the history of English finance, a session in which some grave constitutional questions, not yet entirely set at rest, were for the first time debated.

It is much to be lamented that any account of this session which can be framed out of the scanty and dispersed materials now accessible must leave many things obscure. The relations of the parliamentary factions were, during this year, in a singularly complicated state. Each of the two Houses was divided and subdivided by several lines. To omit minor distinctions, there was the great line which separated the Whig party from the Tory party; and there was the great line which separated the official men and their friends and dependents, who were sometimes called the Court party, from those who were sometimes nicknamed the Grumbletonians and sometimes honoured with the appellation of the Country party. And these two great lines were intersecting lines. For of the servants of the Crown and of their adherents about one half were Whigs and one half Tories. It is also to be remembered that there was, quite distinct from the feud between Whigs and Tories, quite distinct also from the feud between those who were in and those who were out, a feud between the Lords as Lords and the Commons as Commons. The spirit both of the hereditary and of the elective chamber had been thoroughly roused in the preceding session by the dispute about the Court of the Lord High Steward; and they met in a pugnacious mood.

The speech which the King made at the opening of the session was skilfully framed for the purpose of conciliating the Houses. He came, he told them, to ask for their advice and assistance. He congratulated them on the victory of La Hogue. He acknowledged with much concern that the operations of the allies had been less successful by land than by sea; but he warmly declared that, both by land and by sea, the valour of his English subjects had been preeminently conspicuous. The distress of his people, he said, was his own; his interest was inseparable from theirs; it was painful to him to call on them to make sacrifices; but from sacrifices which were necessary to the safety of the English nation and of the Protestant religion no good Englishman and no good Protestant would shrink. 344

The Commons thanked the King in cordial terms for his gracious speech. 345 But the Lords were in a bad humour. Two of their body, Marlborough and Huntingdon, had, during the recess, when an invasion and an insurrection were hourly expected, been sent to the Tower, and were still under recognisances. Had a country gentleman or a merchant been taken up and held to bail on even slighter grounds at so alarming a crisis, the Lords would assuredly not have interfered. But they were easily moved to anger by any thing that looked like an indignity offered to their own order. They not only crossexamined with great severity Aaron Smith, the Solicitor of the Treasury, whose character, to say the truth, entitled him to little indulgence, but passed; by thirty-five votes to twenty-eight, a resolution implying a censure on the judges of the King's Bench, men certainly not inferior in probity, and very far superior in legal learning, to any peer of the realm. The King thought it prudent to soothe the wounded pride of the nobility by ordering the recognisances to be cancelled; and with this concession the House was satisfied, to the great vexation of the Jacobites, who had hoped that the quarrel would be prosecuted to some fatal issue, and who, finding themselves disappointed, vented their spleen by railing at the tameness of the degenerate barons of England. 346

Both Houses held long and earnest deliberations on the state of the nation. The King, when he requested their advice, had, perhaps, not foreseen that his words would be construed into an invitation to scrutinise every part of the administration, and to offer suggestions touching matters which parliaments have generally thought it expedient to leave entirely to the Crown. Some of the discontented peers proposed that a Committee, chosen partly by the Lords and partly by the Commons, should be authorised to inquire into the whole management of public affairs. But it was generally apprehended that such a Committee would become a second and more powerful Privy Council, independent of the Crown, and unknown to the Constitution. The motion was therefore rejected by forty-eight votes to thirty-six. On this occasion the ministers, with scarcely an exception, voted in the majority. A protest was signed by eighteen of the minority, among whom were the bitterest Whigs and the bitterest Tories in the whole peerage. 347

The Houses inquired, each for itself, into the causes of the public calamities. The Commons resolved themselves into a Grand Committee to consider of the advice to be given to the King. From the concise abstracts and fragments which have come down to us it seems that, in this Committee, which continued to sit many days, the debates wandered over a vast space. One member spoke of the prevalence of highway robbery; another deplored the quarrel between the Queen and the Princess, and proposed that two or three gentlemen should be deputed to wait on Her Majesty and try to make matters up. A third described the machinations of the Jacobites in the preceding spring. It was notorious, he said, that preparations had been made for a rising, and that arms and horses had been collected; yet not a single traitor had been brought to justice. 348

The events of the war by land and sea furnished matter for several earnest debates. Many members complained of the preference given to aliens over Englishmen. The whole battle of Steinkirk was fought over again; and severe reflections were thrown on Solmes. "Let English soldiers be commanded by none but English generals," was the almost universal cry. Seymour, who had once been distinguished by his hatred of the foreigners, but who, since he had been at the Board of Treasury, had reconsidered his opinions, asked where English generals were to be found. "I have no love for foreigners as foreigners; but we have no choice. Men are not born generals; nay, a man may be a very valuable captain or major, and not be equal to the conduct of an army. Nothing but experience will form great commanders. Very few of our countrymen have that experience; and therefore we must for the present employ strangers." Lowther followed on the same side. "We have had a long peace; and the consequence is that we have not a sufficient supply of officers fit for high commands. The parks and the camp at Hounslow were very poor military schools, when compared with the fields of battle and the lines of contravallation in which the great commanders of the continental nations have learned their art." In reply to these arguments an orator on the other side was so absurd as to declare that he could point out ten Englishmen who, if they were in the French service, would be made Marshals. Four or five colonels who had been at Steinkirk took part in the debate. It was said of them that they showed as much modesty in speech as they had shown courage in action; and, from the very imperfect report which has come down to us, the compliment seems to have been not undeserved. They did not join in the vulgar cry against the Dutch. They spoke well of the foreign officers generally, and did full justice to the valour and conduct with which Auverquerque had rescued the shattered remains of Mackay's division from what seemed certain destruction. But in defence of Solmes not a word was said. His severity, his haughty manners, and, above all, the indifference with which he had looked on while the English, borne down by overwhelming numbers, were fighting hand to hand with the French household troops, had made him so odious that many members were prepared to vote for an address requesting that he might be removed, and that his place might be filled by Talmash, who, since the disgrace of Marlborough, was universally allowed to be the best officer in the army. But Talmash's friends judiciously interfered. "I have," said one of them, "a true regard for that gentleman; and I implore you not to do him an injury under the notion of doing him a kindness. Consider that you are usurping what is peculiarly the King's prerogative. You are turning officers out and putting officers in." The debate ended without any vote of censure on Solmes. But a hope was expressed, in language not very parliamentary, that what had been said in the Committee would be reported to the King, and that His Majesty would not disregard the general wish of the representatives of his people. 349

The Commons next proceeded to inquire into the naval administration, and very soon came to a quarrel with the Lords on that subject. That there had been mismanagement somewhere was but too evident. It was hardly possible to acquit both Russell and Nottingham; and each House stood by its own member. The Commons had, at the opening of the session, unanimously passed a vote of thanks to Russell for his conduct at La Hogue. They now, in the Grand Committee of Advice, took into consideration the miscarriages which had followed the battle. A motion was made so vaguely worded that it could hardly be said to mean any thing. It was understood however to imply a censure on Nottingham, and was therefore strongly opposed by his friends. On the division the Ayes were a hundred and sixty-five, the Noes a hundred and sixty-four. 350

On the very next day Nottingham appealed to the Lords. He told his story with all the skill of a practised orator, and with all the authority which belongs to unblemished integrity. He then laid on the table a great mass of papers, which he requested the House to read and consider. The Peers seem to have examined the papers seriously and diligently. The result of the examination was by no means favourable to Russell. Yet it was thought unjust to condemn him unheard; and it was difficult to devise any way in which their Lordships could hear him. At last it was resolved to send the papers down to the Commons with a message which imported that, in the opinion of the Upper House, there was a case against the Admiral which he ought to be called upon to answer. With the papers was sent an abstract of the contents. 351

The message was not very respectfully received. Russell had, at that moment, a popularity which he little deserved, but which will not surprise us when we remember that the public knew nothing of his treasons, and knew that he was the only living Englishman who had won a great battle. The abstract of the papers was read by the clerk. Russell then spoke with great applause; and his friends pressed for an immediate decision. Sir Christopher Musgrave very justly observed that it was impossible to pronounce judgment on such a pile of despatches without perusing them; but this objection was overruled. The Whigs regarded the accused member as one of themselves; many of the Tories were dazzled by the splendour of his recent victory; and neither Whigs nor Tories were disposed to show any deference for the authority of the Peers. The House, without reading the papers, passed an unanimous resolution expressing warm approbation of Russell's whole conduct. The temper of the assembly was such that some ardent Whigs thought that they might now venture to propose a vote of censure on Nottingham by name. But the attempt failed. "I am ready," said Lowther,—and he doubtless expressed what many felt,—"I am ready to support any motion that may do honour to the Admiral; but I cannot join in an attack on the Secretary of State. For, to my knowledge, their Majesties have no more zealous, laborious or faithful servant than my Lord Nottingham." Finch exerted all his mellifluous eloquence in defence of his brother, and contrived, without directly opposing himself to the prevailing sentiment, to insinuate that Russell's conduct had not been faultless. The vote of censure on Nottingham was not pressed. The vote which pronounced Russell's conduct to have been deserving of all praise was communicated to the Lords; and the papers which they had sent down were very unceremoniously returned. 352 The Lords, much offended, demanded a free conference. It was granted; and the managers of the two Houses met in the Painted Chamber. Rochester, in the name of his brethren, expressed a wish to be informed of the grounds on which the Admiral had been declared faultless. To this appeal the gentlemen who stood on the other side of the table answered only that they had not been authorised to give any explanation, but that they would report to those who had sent them what had been said. 353

By this time the Commons were thoroughly tired of the inquiry into the conduct of the war. The members had got rid of much of the ill humour which they had brought up with them from their country seats by the simple process of talking it away. Burnet hints that those arts of which Caermarthen and Trevor were the great masters were employed for the purpose of averting votes which would have seriously embarrassed the government. But, though it is not improbable that a few noisy pretenders to patriotism may have been quieted with bags of guineas, it would be absurd to suppose that the House generally was influenced in this manner. Whoever has seen anything of such assemblies knows that the spirit with which they enter on long inquiries very soon flags, and that their resentment, if not kept alive by injudicious opposition, cools fast. In a short time every body was sick of the Grand Committee of Advice. The debates had been tedious and desultory. The resolutions which had been carried were for the most part merely childish. The King was to be humbly advised to employ men of ability and integrity. He was to be humbly advised to employ men who would stand by him against James. The patience of the House was wearied out by long discussions ending in the pompous promulgation of truisms like these. At last the explosion came. One of the grumblers called the attention of the Grand Committee to the alarming fact that two Dutchmen were employed in the Ordnance department, and moved that the King should be humbly advised to dismiss them. The motion was received with disdainful mockery. It was remarked that the military men especially were loud in the expression of contempt. "Do we seriously think of going to the King and telling him that, as he has condescended to ask our advice at this momentous crisis, we humbly advise him to turn a Dutch storekeeper out of the Tower? Really, if we have no more important suggestion to carry up to the throne, we may as well go to our dinners." The members generally were of the same mind. The chairman was voted out of the chair, and was not directed to ask leave to sit again. The Grand Committee ceased to exist. The resolutions which it had passed were formally reported to the House. One of them was rejected; the others were suffered to drop; and the Commons, after considering during several weeks what advice they should give to the King, ended by giving him no advice at all. 354

The temper of the Lords was different. From many circumstances it appears that there was no place where the Dutch were, at this time, so much hated as in the Upper House. The dislike with which an Englishman of the middle class regarded the King's foreign friends was merely national. But the dislike with which an English nobleman regarded them was personal. They stood between him and Majesty. They intercepted from him the rays of royal favour. The preference given to them wounded him both in his interests and in his pride. His chance of the Garter was much smaller since they had become his competitors. He might have been Master of the Horse but for Auverquerque, Master of the Robes but for Zulestein, Groom of the Stole but for Bentinck. 355 The ill humour of the aristocracy was inflamed by Marlborough, who, at this time, affected the character of a patriot persecuted for standing up against the Dutch in defence of the interests of his native land, and who did not foresee that a day would come when he would be accused of sacrificing the interests of his native land to gratify the Dutch. The Peers determined to present an address, requesting William not to place his English troops under the command of a foreign general. They took up very seriously that question which had moved the House of Commons to laughter, and solemnly counselled their Sovereign not to employ foreigners in his magazines. At Marlborough's suggestion they urged the King to insist that the youngest English general should take precedence of the oldest general in the service of the States General. It was, they said, derogatory to the dignity of the Crown, that an officer who held a commission from His Majesty should ever be commanded by an officer who held a similar commission from a republic. To this advice, evidently dictated by an ignoble malevolence to Holland, William, who troubled himself little about votes of the Upper House which were not backed by the Lower, returned, as might have been expected, a very short and dry answer. 356

While the inquiry into the conduct of the war was pending, the Commons resumed the consideration of an important subject which had occupied much of their attention in the preceding year. The Bill for the Regulation of Trials in cases of High Treason was again brought in, but was strongly opposed by the official men, both Whigs and Tories. Somers, now Attorney General, strongly recommended delay. That the law, as it stood, was open to grave objections, was not denied; but it was contended that the proposed reform would, at that moment, produce more harm than good. Nobody would assert that, under the existing government, the lives of innocent subjects were in any danger. Nobody would deny that the government itself was in great danger. Was it the part of wise men to increase the perils of that which was already in serious peril for the purpose of giving new security to that which was already perfectly secure? Those who held this language were twitted with their inconsistency, and asked why they had not ventured to oppose the bill in the preceding session. They answered very plausibly that the events which had taken place during the recess had taught an important lesson to all who were capable of learning. The country had been threatened at once with invasion and insurrection. No rational man doubted that many traitors had made preparations for joining the French, and had collected arms, ammunition and horses for that purpose. Yet, though there was abundant moral evidence against these enemies of their country, it had not been possible to find legal evidence against a single one of them. The law of treason might, in theory, be harsh, and had undoubtedly, in times past, been grossly abused. But a statesman who troubled himself less about theory than about practice, and less about times past than about the time present, would pronounce that law not too stringent but too lax, and would, while the commonwealth remained in extreme jeopardy, refuse to consent to any further relaxation. In spite of all opposition, however, the principle of the bill was approved by one hundred and seventy-one votes to one hundred and fifty-two. But in the committee it was moved and carried that the new rules of procedure should not come into operation till after the end of the war with France. When the report was brought up the House divided on this amendment, and ratified it by a hundred and forty-five votes to a hundred and twenty-five. The bill was consequently suffered to drop. 357 Had it gone up to the Peers it would in all probability have been lost after causing another quarrel between the Houses. For the Peers were fully determined that no such bill should pass, unless it contained a clause altering the constitution of the Lord High Steward's Court; and a clause altering the constitution of the Lord High Steward's Court would have been less likely than ever to find favour with the Commons. For in the course of this session an event took place which proved that the great were only too well protected by the law as it stood, and which well deserves to be recorded as a striking illustration of the state of manners and morals in that age.

Of all the actors who were then on the English stage the most graceful was William Mountford. He had every physical qualification for his calling, a noble figure, a handsome face, a melodious voice. It was not easy to say whether he succeeded better in heroic or in ludicrous parts. He was allowed to be both the best Alexander and the best Sir Courtly Nice that ever trod the boards. Queen Mary, whose knowledge was very superficial, but who had naturally a quick perception of what was excellent in art, admired him greatly. He was a dramatist as well as a player, and has left us one comedy which is not contemptible. 358