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

A bill for continuing all the other temporary Acts, which, in the opinion of the Committee, could not properly be suffered to expire, was brought in, passed and sent to the Lords. In a short time this bill came back with an important amendment. The Lords had inserted in the list of Acts to be continued the Act which placed the press under the control of licensers. The Commons resolved not to agree to the amendment, demanded a conference, and appointed a committee of managers. The leading manager was Edward Clarke, a stanch Whig, who represented Taunton, the stronghold, during fifty troubled years, of civil and religious freedom.

Clarke delivered to the Lords in the Painted Chamber a paper containing the reasons which had determined the Lower House not to renew the Licensing Act. This paper completely vindicates the resolution to which the Commons had come. But it proves at the same time that they knew not what they were doing, what a revolution they were making, what a power they were calling into existence. They pointed out concisely, clearly, forcibly, and sometimes with a grave irony which is not unbecoming, the absurdities and iniquities of the statute which was about to expire. But all their objections will be found to relate to matters of detail. On the great question of principle, on the question whether the liberty of unlicensed printing be, on the whole, a blessing or a curse to society, not a word is said. The Licensing Act is condemned, not as a thing essentially evil, but on account of the petty grievances, the exactions, the jobs, the commercial restrictions, the domiciliary visits which were incidental to it. It is pronounced mischievous because it enables the Company of Stationers to extort money from publishers, because it empowers the agents of the government to search houses under the authority of general warrants, because it confines the foreign book trade to the port of London; because it detains valuable packages of books at the Custom House till the pages are mildewed. The Commons complain that the amount of the fee which the licenser may demand is not fixed. They complain that it is made penal in an officer of the Customs to open a box of books from abroad, except in the presence of one of the censors of the press. How, it is very sensibly asked, is the officer to know that there are books in the box till he has opened it? Such were the arguments which did what Milton's Areopagitica had failed to do.

The Lords yielded without a contest. They probably expected that some less objectionable bill for the regulation of the press would soon be sent up to them; and in fact such a bill was brought into the House of Commons, read twice, and referred to a select committee. But the session closed before the committee had reported; and English literature was emancipated, and emancipated for ever, from the control of the government. 563 This great event passed almost unnoticed. Evelyn and Luttrell did not think it worth mentioning in their diaries. The Dutch minister did not think it worth mentioning in his despatches. No allusion to it is to be found in the Monthly Mercuries. The public attention was occupied by other and far more exciting subjects.

One of those subjects was the death of the most accomplished, the most enlightened, and, in spite of great faults, the most estimable of the statesmen who were formed in the corrupt and licentious Whitehall of the Restoration. About a month after the splendid obsequies of Mary, a funeral procession of almost ostentatious simplicity passed round the shrine of Edward the Confessor to the Chapel of Henry the Seventh. There, at the distance of a few feet from her coffin, lies the coffin of George Savile, Marquess of Halifax.

Halifax and Nottingham had long been friends; and Lord Eland, now Halifax's only son, had been affianced to the Lady Mary Finch, Nottingham's daughter. The day of the nuptials was fixed; a joyous company assembled at Burley on the Hill, the mansion of the bride's father, which, from one of the noblest terraces in the island, looks down on magnificent woods of beech and oak, on the rich valley of Catmos, and on the spire of Oakham. The father of the bridegroom was detained to London by indisposition, which was not supposed to be dangerous. On a sudden his malady took an alarming form. He was told that he had but a few hours to live. He received the intimation with tranquil fortitude. It was proposed to send off an express to summon his son to town. But Halifax, good natured to the last, would not disturb the felicity of the wedding day. He gave strict orders that his interment should be private, prepared himself for the great change by devotions which astonished those who had called him an atheist, and died with the serenity of a philosopher and of a Christian, while his friends and kindred, not suspecting his danger, were tasting the sack posset and drawing the curtain. 564 His legitimate male posterity and his titles soon became extinct. No small portion, however, of his wit and eloquence descended to his daughter's son, Philip Stanhope, fourth Earl of Chesterfield. But it is perhaps not generally known that some adventurers, who, without advantages of fortune or position, made themselves conspicuous by the mere force of ability, inherited the blood of Halifax. He left a natural son, Henry Carey, whose dramas once drew crowded audiences to the theatres, and some of whose gay and spirited verses still live in the memory of hundreds of thousands. From Henry Carey descended that Edmund Kean, who, in our time, transformed himself so marvellously into Shylock, Iago and Othello.

More than one historian has been charged with partiality to Halifax. The truth is that the memory of Halifax is entitled in an especial manner to the protection of history. For what distinguishes him from all other English statesmen is this, that, through a long public life, and through frequent and violent revolutions of public feeling, he almost invariably took that view of the great questions of his time which history has finally adopted. He was called inconstant, because the relative position in which he stood to the contending factions was perpetually varying. As well might the pole star be called inconstant because it is sometimes to the east and sometimes to the west of the pointers. To have defended the ancient and legal constitution of the realm against a seditious populace at one conjuncture and against a tyrannical government at another; to have been the foremost defender of order in the turbulent Parliament of 1680 and the foremost defender of liberty in the servile Parliament of 1685; to have been just and merciful to Roman Catholics in the days of the Popish plot and to Exclusionists in the days of the Rye House Plot; to have done all in his power to save both the head of Stafford and the head of Russell; this was a course which contemporaries, heated by passion and deluded by names and badges, might not unnaturally call fickle, but which deserves a very different name from the late justice of posterity.

There is one and only one deep stain on the memory of this eminent man. It is melancholy to think that he, who had acted so great a part in the Convention, could have afterwards stooped to hold communication with Saint Germains. The fact cannot be disputed; yet for him there are excuses which cannot be pleaded for others who were guilty of the same crime. He did not, like Marlborough, Russell, Godolphin and Shrewsbury, betray a master by whom he was trusted, and with whose benefits he was loaded. It was by the ingratitude and malice of the Whigs that he was driven to take shelter for a moment among the Jacobites. It may be added that he soon repented of the error into which he had been hurried by passion, that, though never reconciled to the Court, he distinguished himself by his zeal for the vigorous prosecution of the war, and that his last work was a tract in which he exhorted his countrymen to remember that the public burdens, heavy as they might seem, were light when compared with the yoke of France and of Rome. 565

About a fortnight after the death of Halifax, a fate far more cruel than death befell his old rival and enemy, the Lord President. That able, ambitious and daring statesman was again hurled down from power. In his first fall, terrible as it was, there had been something of dignity; and he had, by availing himself with rare skill of an extraordinary crisis in public affairs, risen once more to the most elevated position among English subjects. The second ruin was indeed less violent than the first; but it was ignominious and irretrievable.

The peculation and venality by which the official men of that age were in the habit of enriching themselves had excited in the public mind a feeling such as could not but vent itself, sooner or later, in some formidable explosion. But the gains were immediate; the day of retribution was uncertain; and the plunderers of the public were as greedy and as audacious as ever, when the vengeance, long threatened and long delayed, suddenly overtook the proudest and most powerful among them.

The first mutterings of the coming storm did not at all indicate the direction which it would take, or the fury with which it would burst. An infantry regiment, which was quartered at Royston, had levied contributions on the people of that town and of the neighbourhood. The sum exacted was not large. In France or Brabant the moderation of the demand would have been thought wonderful. But to English shopkeepers and farmers military extortion was happily quite new and quite insupportable. A petition was sent up to the Commons. The Commons summoned the accusers and the accused to the bar. It soon appeared that a grave offence had been committed, but that the offenders were not altogether without excuse. The public money which had been issued from the Exchequer for their pay and subsistence had been fraudulently detained by their colonel and by his agent. It was not strange that men who had arms and who had not necessaries should trouble themselves little about the Petition of Right and the Declaration of Right. But it was monstrous that, while the citizen was heavily taxed for the purpose of paying to the soldier the largest military stipend known in Europe, the soldier should be driven by absolute want to plunder the citizen. This was strongly set forth in a representation which the Commons laid before William. William, who had been long struggling against abuses which grievously impaired the efficiency of his army, was glad to have his hands thus strengthened. He promised ample redress, cashiered the offending colonel, gave strict orders that the troops should receive their due regularly, and established a military board for the purpose of detecting and punishing such malpractices as had taken place at Royston. 566

But the whole administration was in such a state that it was hardly possible to track one offender without discovering ten others. In the course of the inquiry into the conduct of the troops at Royston, it was discovered that a bribe of two hundred guineas had been received by Henry Guy, member of Parliament for Heydon and Secretary of the Treasury. Guy was instantly sent to the Tower, not without much exultation on the part of the Whigs; for he was one of those tools who had passed, together with the buildings and furniture of the public offices, from James to William; he affected the character of a High Churchman; and he was known to be closely connected with some of the heads of the Tory party, and especially with Trevor. 567

Another name, which was afterwards but too widely celebrated, first became known to the public at this time. James Craggs had begun life as a barber. He had then been a footman of the Duchess of Cleveland. His abilities, eminently vigorous though not improved by education, had raised him in the world; and he was now entering on a career which was destined to end, after a quarter of a century of prosperity, in unutterable misery and despair. He had become an army clothier. He was examined as to his dealings with the colonels of regiments; and, as he obstinately refused to produce his books, he was sent to keep Guy company in the Tower. 568

A few hours after Craggs had been thrown into prison, a committee, which had been appointed to inquire into the truth of a petition signed by some of the hackney coachmen of London, laid on the table of the House a report which excited universal disgust and indignation. It appeared that these poor hardworking men had been cruelly wronged by the board under the authority of which an Act of the preceding session had placed them. They had been pillaged and insulted, not only by the commissioners, but by one commissioner's lacquey and by another commissioner's harlot. The Commons addressed the King; and the King turned the delinquents out of their places. 569

But by this time delinquents far higher in power and rank were beginning to be uneasy. At every new detection, the excitement, both within and without the walls of Parliament, became more intense. The frightful prevalence of bribery, corruption and extortion was every where the subject of conversation. A contemporary pamphleteer compares the state of the political world at this conjuncture to the state of a city in which the plague has just been discovered, and in which the terrible words, "Lord have mercy on us," are already seen on some doors. 570 Whispers, which at another time would have speedily died away and been forgotten, now swelled, first into murmurs, and then into clamours. A rumour rose and spread that the funds of the two wealthiest corporations in the kingdom, the City of London and the East India Company, had been largely employed for the purpose of corrupting great men; and the names of Trevor, Seymour and Leeds were mentioned.

The mention of these names produced a stir in the Whig ranks. Trevor, Seymour and Leeds were all three Tories, and had, in different ways, greater influence than perhaps any other three Tories in the kingdom. If they could all be driven at once from public life with blasted characters, the Whigs would be completely predominant both in the Parliament and in the Cabinet.

Wharton was not the man to let such an opportunity escape him. At White's, no doubt, among those lads of quality who were his pupils in politics and in debauchery, he would have laughed heartily at the fury with which the nation had on a sudden begun to persecute men for doing what every body had always done and was always trying to do. But if people would be fools, it was the business of a politician to make use of their folly. The cant of political purity was not so familiar to the lips of Wharton as blasphemy and ribaldry; but his abilities were so versatile, and his impudence so consummate, that he ventured to appear before the world as an austere patriot mourning over the venality and perfidy of a degenerate age. While he, animated by that fierce party spirit which in honest men would be thought a vice, but which in him was almost a virtue, was eagerly stirring up his friends to demand an inquiry into the truth of the evil reports which were in circulation, the subject was suddenly and strangely forced forward. It chanced that, while a bill of little interest was under discussion in the Commons, the postman arrived with numerous letters directed to members; and the distribution took place at the bar with a buzz of conversation which drowned the voices of the orators. Seymour, whose imperious temper always prompted him to dictate and to chide, lectured the talkers on the scandalous irregularity of their conduct, and called on the Speaker to reprimand them. An angry discussion followed; and one of the offenders was provoked into making an allusion to the stories which were current about both Seymour and the Speaker. "It is undoubtedly improper to talk while a bill is under discussion; but it is much worse to take money for getting a bill passed. If we are extreme to mark a slight breach of form, how severely ought we to deal with that corruption which is eating away the very substance of our institutions!" That was enough; the spark had fallen; the train was ready; the explosion was immediate and terrible. After a tumultuous debate in which the cry of "the Tower" was repeatedly heard, Wharton managed to carry his point. Before the House rose a committee was appointed to examine the books of the City of London and of the East India Company. 571

Foley was placed in the chair of the committee. Within a week he reported that the Speaker, Sir John Trevor, had in the preceding session received from the City a thousand guineas for expediting a local bill. This discovery gave great satisfaction to the Whigs, who had always hated Trevor, and was not unpleasing to many of the Tories. During six busy sessions his sordid rapacity had made him an object of general aversion. The legitimate emoluments of his post amounted to about four thousand a year; but it was believed that he had made at least ten thousand a year. 572 His profligacy and insolence united had been too much even for the angelic temper of Tillotson. It was said that the gentle Archbishop had been heard to mutter something about a knave as the Speaker passed by him. 573 Yet, great as were the offences of this bad man, his punishment was fully proportioned to them. As soon as the report of the committee had been read, it was moved that he had been guilty of a high crime and misdemeanour. He had to stand up and to put the question. There was a loud cry of Aye. He called on the Noes; and scarcely a voice was heard. He was forced to declare that the Ayes had it. A man of spirit would have given up the ghost with remorse and shame; and the unutterable ignominy of that moment left its mark even on the callous heart and brazen forehead of Trevor. Had he returned to the House on the following day, he would have had to put the question on a motion for his own expulsion. He therefore pleaded illness, and shut himself up in his bedroom. Wharton soon brought down a royal message authorising the Commons to elect another Speaker.

The Whig chiefs wished to place Littleton in the chair; but they were unable to accomplish their object. Foley was chosen, presented and approved. Though he had of late generally voted with the Tories, he still called himself a Whig, and was not unacceptable to many of the Whigs. He had both the abilities and the knowledge which were necessary to enable him to preside over the debates with dignity; but what, in the peculiar circumstances in which the House then found itself placed, was not unnaturally considered as his principal recommendation, was that implacable hatred of jobbery and corruption which he somewhat ostentatiously professed, and doubtless sincerely felt. On the day after he entered on his functions, his predecessor was expelled. 574

The indiscretion of Trevor had been equal to his baseness; and his guilt had been apparent on the first inspection of the accounts of the City. The accounts of the East India Company were more obscure. The committee reported that they had sate in Leadenhall Street, had examined documents, had interrogated directors and clerks, but had been unable to arrive at the bottom of the mystery of iniquity. Some most suspicious entries had been discovered, under the head of special service. The expenditure on this account had, in the year 1693, exceeded eighty thousand pounds. It was proved that, as to the outlay of this money, the directors had placed implicit confidence in the governor, Sir Thomas Cook. He had merely told them in general terms that he had been at a charge of twenty-three thousand, of twenty-five thousand, of thirty thousand pounds, in the matter of the Charter; and the Court had, without calling on him for any detailed explanation, thanked him for his care, and ordered warrants for these great sums to be instantly made out. It appeared that a few mutinous directors had murmured at this immense outlay, and had called for a detailed statement. But the only answer which they had been able to extract from Cook was that there were some great persons whom it was necessary to gratify.

The committee also reported that they had lighted on an agreement by which the Company had covenanted to furnish a person named Colston with two hundred tons of saltpetre. At the first glance, this transaction seemed merchantlike and fair. But it was soon discovered that Colston was merely an agent for Seymour. Suspicion was excited. The complicated terms of the bargain were severely examined, and were found to be framed in such a manner that, in every possible event, Seymour must be a gainer and the Company a loser to the extent of ten or twelve thousand pounds. The opinion of all who understood the matter was that the compact was merely a disguise intended to cover a bribe. But the disguise was so skilfully managed that the country gentlemen were perplexed, and that the lawyers doubted whether there were such evidence of corruption as would be held sufficient by a court of justice. Seymour escaped without even a vote of censure, and still continued to take a leading part in the debates of the Commons. 575 But the authority which he had long exercised in the House and in the western counties of England, though not destroyed, was visibly diminished; and, to the end of his life, his traffic in saltpetre was a favourite theme of Whig pamphleteers and poets. 576

The escape of Seymour only inflamed the ardour of Wharton and of Wharton's confederates. They were determined to discover what had been done with the eighty or ninety thousand pounds of secret service money which had been entrusted to Cook by the East India Company. Cook, who was member for Colchester, was questioned in his place; he refused to answer; he was sent to the Tower; and a bill was brought in providing that if, before a certain day, he should not acknowledge the whole truth, he should be incapable of ever holding any office, should refund to the Company the whole of the immense sum which had been confided to him, and should pay a fine of twenty thousand pounds to the Crown. Rich as he was, these penalties would have reduced him to penury. The Commons were in such a temper that they passed the bill without a single division. 577 Seymour, indeed, though his saltpetre contract was the talk of the whole town, came forward with unabashed forehead to plead for his accomplice; but his effrontery only injured the cause which he defended. 578 In the Upper House the bill was condemned in the strongest terms by the Duke of Leeds. Pressing his hand on his heart, he declared, on his faith, on his honour, that he had no personal interest in the question, and that he was actuated by no motive but a pure love of justice. His eloquence was powerfully seconded by the tears and lamentations of Cook, who, from the bar, implored the Peers not to subject him to a species of torture unknown to the mild laws of England. "Instead of this cruel bill," he said, "pass a bill of indemnity; and I will tell you all." The Lords thought his request not altogether unreasonable. After some communication with the Commons, it was determined that a joint committee of the two Houses should be appointed to inquire into the manner in which the secret service money of the East India Company had been expended; and an Act was rapidly passed providing that, if Cook would make to this committee a true and full discovery, he should be indemnified for the crimes which he might confess; and that, till he made such a discovery, he should remain in the Tower. To this arrangement Leeds gave in public all the opposition that he could with decency give. In private those who were conscious of guilt employed numerous artifices for the purpose of averting inquiry. It was whispered that things might come out which every good Englishman would wish to hide, and that the greater part of the enormous sums which had passed through Cook's hands had been paid to Portland for His Majesty's use. But the Parliament and the nation were determined to know the truth, whoever might suffer by the disclosure. 579

As soon as the Bill of Indemnity had received the royal assent, the joint committee, consisting of twelve lords and twenty-four members of the House of Commons, met in the Exchequer Chamber. Wharton was placed in the chair; and in a few hours great discoveries were made.

The King and Portland came out of the inquiry with unblemished honour. Not only had not the King taken any part of the secret service money dispensed by Cook; but he had not, during some years, received even the ordinary present which the Company had, in former reigns, laid annually at the foot of the throne. It appeared that not less than fifty thousand pounds had been offered to Portland, and rejected. The money lay during a whole year ready to be paid to him if he should change his mind. He at length told those who pressed this immense bribe on him, that if they persisted in insulting him by such an offer, they would make him an enemy of their Company. Many people wondered at the probity which he showed on this occasion, for he was generally thought interested and grasping. The truth seems to be that he loved money, but that he was a man of strict integrity and honour. He took, without scruple, whatever he thought that he could honestly take, but was incapable of stooping to an act of baseness. Indeed, he resented as affronts the compliments which were paid him on this occasion. 580 The integrity of Nottingham could excite no surprise. Ten thousand pounds had been offered to him, and had been refused. The number of cases in which bribery was fully made out was small. A large part of the sum which Cook had drawn from the Company's treasury had probably been embezzled by the brokers whom he had employed in the work of corruption; and what had become of the rest it was not easy to learn from the reluctant witnesses who were brought before the committee. One glimpse of light however was caught; it was followed; and it led to a discovery of the highest moment. A large sum was traced from Cook to an agent named Firebrace, and from Firebrace to another agent named Bates, who was well known to be closely connected with the High Church party and especially with Leeds. Bates was summoned, but absconded; messengers were sent in pursuit of him; he was caught, brought into the Exchequer Chamber and sworn. The story which he told showed that he was distracted between the fear of losing his ears and the fear of injuring his patron. He owned that he had undertaken to bribe Leeds, had been for that purpose furnished with five thousand five hundred guineas, had offered those guineas to His Grace, and had, by His Grace's permission, left them at His Grace's house in the care of a Swiss named Robart, who was His Grace's confidential man of business. It should seem that these facts admitted of only one interpretation. Bates however swore that the Duke had refused to accept a farthing. "Why then," it was asked, "was the gold left, by his consent, at his house and in the hands of his servant?" "Because," answered Bates, "I am bad at telling coin. I therefore begged His Grace to let me leave the pieces, in order that Robart might count them for me; and His Grace was so good as to give leave." It was evident that, if this strange story had been true, the guineas would, in a few hours, have been taken-away. But Bates was forced to confess that they had remained half a year where he had left them. The money had indeed at last,—and this was one of the most suspicious circumstances in the case,—been paid back by Robart on the very morning on which the committee first met in the Exchequer Chamber. Who could believe that, if the transaction had been free from all taint of corruption, the guineas would have been detained as long as Cook was able to remain silent, and would have been refunded on the very first day on which he was under the necessity of speaking out? 581