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

A few hours after the examination of Bates, Wharton reported to the Commons what had passed in the Exchequer Chamber. The indignation was general and vehement. "You now understand," said Wharton, "why obstructions have been thrown in our way at every step, why we have had to wring out truth drop by drop, why His Majesty's name has been artfully used to prevent us from going into an inquiry which has brought nothing to light but what is to His Majesty's honour. Can we think it strange that our difficulties should have been great, when we consider the power, the dexterity, the experience of him who was secretly thwarting us? It is time for us to prove signally to the world that it is impossible for any criminal to double so cunningly that we cannot track him, or to climb so high that we cannot reach him. Never was there a more flagitious instance of corruption. Never was there an offender who had less claim to indulgence. The obligations which the Duke of Leeds has to his country are of no common kind. One great debt we generously cancelled; but the manner in which our generosity has been requited forces us to remember that he was long ago impeached for receiving money from France. How can we be safe while a man proved to be venal has access to the royal ear? Our best laid enterprises have been defeated. Our inmost counsels have been betrayed. And what wonder is it? Can we doubt that, together with this home trade in charters, a profitable foreign trade in secrets is carried on? Can we doubt that he who sells us to one another will, for a good price, sell us all to the common enemy?" Wharton concluded by moving that Leeds should be impeached of high crimes and misdemeanours. 582

Leeds had many friends and dependents in the House of Commons; but they could say little. Wharton's motion was carried without a division; and he was ordered to go to the bar of the Lords, and there, in the name of the Commons of England, to impeach the Duke. But, before this order could be obeyed, it was announced that His Grace was at the door and requested an audience.

While Wharton had been making his report to the Commons, Leeds had been haranguing the Lords. He denied with the most solemn asseverations that he had taken any money for himself. But he acknowledged, and indeed almost boasted, that he had abetted Bates in getting money from the Company, and seemed to think that this was a service which any man in power might be reasonably expected to render to a friend. Too many persons, indeed, in that age made a most absurd and pernicious distinction between a minister who used his influence to obtain presents for himself and a minister who used his influence to obtain presents for his dependents. The former was corrupt; the latter was merely goodnatured. Leeds proceeded to tell with great complacency a story about himself, which would, in our days, drive a public man, not only out of office, but out of the society of gentlemen. "When I was Treasurer, in King Charles's time, my Lords, the excise was to be farmed. There were several bidders. Harry Savile, for whom I had a great value, informed me that they had asked for his interest with me, and begged me to tell them that he had done his best for them. 'What!' said I; 'tell them all so, when only one can have the farm?' 'No matter;' said Harry: 'tell them all so; and the one who gets the farm will think that he owes it to me.' The gentlemen came. I said to every one of them separately, 'Sir, you are much obliged to Mr. Savile;' 'Sir, Mr. Savile has been much your friend.' In the end Harry got a handsome present; and I wished him good luck with it. I was his shadow then. I am Mr. Bates's shadow now."

The Duke had hardly related this anecdote, so strikingly illustrative of the state of political morality in that generation, when it was whispered to him that a motion to impeach him had been made in the House of Commons. He hastened thither; but, before he arrived, the question had been put and carried. Nevertheless he pressed for admittance; and he was admitted. A chair, according to ancient usage, was placed for him within the bar; and he was informed that the House was ready to hear him.

He spoke, but with less tact and judgment than usual. He magnified his own public services. But for him, he said, there would have been no House of Commons to impeach him; a boast so extravagant that it naturally made his hearers unwilling to allow him the praise which his conduct at the time of the Revolution really deserved. As to the charge against him he said little more than that he was innocent, that there had long been a malicious design to ruin him, that he would not go into particulars, that the facts which had been proved would bear two constructions, and that of the two constructions the most favourable ought in candour to be adopted. He withdrew, after praying the House to reconsider the vote which had just been passed, or, if that could not be, to let him have speedy justice.

His friends felt that his speech was no defence, and did not attempt to rescind the resolution which had been carried just before he was heard. Wharton, with a large following, went up to the Lords, and informed them that the Commons had resolved to impeach the Duke. A committee of managers was appointed to draw up the articles and to prepare the evidence. 583

The articles were speedily drawn; but to the chain of evidence one link appeared to be wanting. That link Robart, if he had been severely examined and confronted with other witnesses, would in all probability have been forced to supply. He was summoned to the bar of the Commons. A messenger went with the summons to the house of the Duke of Leeds, and was there informed that the Swiss was not within, that he had been three days absent, and that where he was the porter could not tell. The Lords immediately presented an address to the King, requesting him to give orders that the ports might be stopped and the fugitive arrested. But Robart was already in Holland on his way to his native mountains.

The flight of this man made it impossible for the Commons to proceed. They vehemently accused Leeds of having sent away the witness who alone could furnish legal proof of that which was already established by moral proof. Leeds, now at ease as to the event of the impeachment, gave himself the airs of an injured man. "My Lords," he said, "the conduct of the Commons is without precedent. They impeach me of a high crime; they promise to prove it; then they find that they have not the means of proving it; and they revile me for not supplying them with the means. Surely they ought not to have brought a charge like this, without well considering whether they had or had not evidence sufficient to support it. If Robart's testimony be, as they now say, indispensable, why did they not send for him and hear his story before they made up their minds? They may thank their own intemperance, their own precipitancy, for his disappearance. He is a foreigner; he is timid; he hears that a transaction in which he has been concerned has been pronounced by the House of Commons to be highly criminal, that his master is impeached, that his friend Bates is in prison, that his own turn is coming. He naturally takes fright; he escapes to his own country; and, from what I know of him, I will venture to predict that it will be long before he trusts himself again within reach of the Speaker's warrant. But what is that to me? Am I to lie all my life under the stigma of an accusation like this, merely because the violence of my accusers has scared their own witness out of England? I demand an immediate trial. I move your Lordships to resolve that, unless the Commons shall proceed before the end of the session, the impeachment shall be dismissed." A few friendly voices cried out "Well moved." But the Peers were generally unwilling to take a step which would have been in the highest degree offensive to the Lower House, and to the great body of those whom that House represented. The Duke's motion fell to the ground; and a few hours later the Parliament was prorogued. 584

The impeachment was never revived. The evidence which would warrant a formal verdict of guilty was not forthcoming; and a formal verdict of guilty would hardly have answered Wharton's purpose better than the informal verdict of guilty which the whole nation had already pronounced. The work was done. The Whigs were dominant. Leeds was no longer chief minister, was indeed no longer a minister at all. William, from respect probably for the memory of the beloved wife whom he had lately lost, and to whom Leeds had shown peculiar attachment, avoided every thing that could look like harshness. The fallen statesman was suffered to retain during a considerable time the title of Lord President, and to walk on public occasions between the Great Seal and the Privy Seal. But he was told that he would do well not to show himself at Council; the business and the patronage even of the department of which he was the nominal head passed into other hands; and the place which he ostensibly filled was considered in political circles as really vacant. 585

He hastened into the country, and hid himself there, during some months, from the public eye. When the Parliament met again, however, he emerged from his retreat. Though he was well stricken in years and cruelly tortured by disease, his ambition was still as ardent as ever. With indefatigable energy he began a third time to climb, as he flattered himself, towards that dizzy pinnacle which he had twice reached, and from which he had twice fallen. He took a prominent part in debate; but, though his eloquence and knowledge always secured to him the attention of his hearers, he was never again, even when the Tory party was in power, admitted to the smallest share in the direction of affairs.

There was one great humiliation which he could not be spared. William was about to take the command of the army in the Netherlands; and it was necessary that, before he sailed, he should determine by whom the government should be administered during his absence. Hitherto Mary had acted as his vicegerent when he was out of England; but she was gone. He therefore delegated his authority to seven Lords Justices, Tenison, Archbishop of Canterbury, Somers, Keeper of the Great Seal, Pembroke, Keeper of the Privy Seal, Devonshire, Lord Steward, Dorset, Lord Chamberlain, Shrewsbury, Secretary of State, and Godolphin, First Commissioner of the Treasury. It is easy to judge from this list of names which way the balance of power was now leaning. Godolphin alone of the seven was a Tory. The Lord President, still second in rank, and a few days before first in power, of the great lay dignitaries of the realm, was passed over; and the omission was universally regarded as an official announcement of his disgrace. 586

There were some who wondered that the Princess of Denmark was not appointed Regent. The reconciliation, which had been begun while Mary was dying, had since her death been, in external show at least, completed. This was one of those occasions on which Sunderland was peculiarly qualified to be useful. He was admirably fitted to manage a personal negotiation, to soften resentment, to soothe wounded pride, to select, among all the objects of human desire, the very bait which was most likely to allure the mind with which he was dealing. On this occasion his task was not difficult. He had two excellent assistants, Marlborough in the household of Anne, and Somers in the cabinet of William.

Marlborough was now as desirous to support the government as he had once been to subvert it. The death of Mary had produced a complete change in all his schemes. There was one event to which he looked forward with the most intense longing, the accession of the Princess to the English throne. It was certain that, on the day on which she began to reign, he would be in her Court all that Buckingham had been in the Court of James the First. Marlborough too must have been conscious of powers of a very different order from those which Buckingham had possessed, of a genius for politics not inferior to that of Richelieu, of a genius for war not inferior to that of Turenne. Perhaps the disgraced General, in obscurity and inaction, anticipated the day when his power to help and hurt in Europe would be equal to that of her mightiest princes, when he would be servilely flattered and courted by Caesar on one side and by Lewis the Great on the other, and when every year would add another hundred thousand pounds to the largest fortune that had ever been accumulated by any English subject. All this might be if Mrs. Morley were Queen. But that Mr. Freeman should ever see Mrs. Morley Queen had till lately been not very probable. Mary's life was a much better life than his, and quite as good a life as her sister's. That William would have issue seemed unlikely. But it was generally expected that he would soon die. His widow might marry again, and might leave children who would succeed her. In these circumstances Marlborough might well think that he had very little interest in maintaining that settlement of the Crown which had been made by the Convention. Nothing was so likely to serve his purpose as confusion, civil war, another revolution, another abdication, another vacancy of the throne. Perhaps the nation, incensed against William, yet not reconciled to James, and distracted between hatred of foreigners and hatred of Jesuits, might prefer both to the Dutch King and to the Popish King one who was at once a native of our country and a member of our Church. That this was the real explanation of Marlborough's dark and complicated plots was, as we have seen, firmly believed by some of the most zealous Jacobites, and is in the highest degree probable. It is certain that during several years he had spared no efforts to inflame the army and the nation against the government. But all was now changed. Mary was gone. By the Bill of Rights the Crown was entailed on Anne after the death of William. The death of William could not be far distant. Indeed all the physicians who attended him wondered that he was still alive; and, when the risks of war were added to the risks of disease, the probability seemed to be that in a few months he would be in his grave. Marlborough saw that it would now be madness to throw every thing into disorder and to put every thing to hazard. He had done his best to shake the throne while it seemed unlikely that Anne would ever mount it except by violent means. But he did his best to fix it firmly, as soon as it became highly probably that she would soon be called to fill it in the regular course of nature and of law.

The Princess was easily induced by the Churchills to write to the King a submissive and affectionate letter of condolence. The King, who was never much inclined to engage in a commerce of insincere compliments, and who was still in the first agonies of his grief, showed little disposition to meet her advances. But Somers, who felt that every thing was at stake, went to Kensington, and made his way into the royal closet.

William was sitting there, so deeply sunk in melancholy that he did not seem to perceive that any person had entered the room. The Lord Keeper, after a respectful pause, broke silence, and, doubtless with all that cautious delicacy which was characteristic of him, and which eminently qualified him to touch the sore places of the mind without hurting them, implored His Majesty to be reconciled to the Princess. "Do what you will," said William; "I can think of no business." Thus authorised, the mediators speedily concluded a treaty. 587 Anne came to Kensington, and was graciously received; she was lodged in Saint James's Palace; a guard of honour was again placed at her door; and the Gazettes again, after a long interval, announced that foreign ministers had had the honour of being presented to her. 588 The Churchills were again permitted to dwell under the royal roof. But William did not at first include them in the peace which he had made with their mistress. Marlborough remained excluded from military and political employment; and it was not without much difficulty that he was admitted into the circle at Kensington, and permitted to kiss the royal hand. 589 The feeling with which he was regarded by the King explains why Anne was not appointed Regent. The Regency of Anne would have been the Regency of Marlborough; and it is not strange that a man whom it was not thought safe to entrust with any office in the State or the army should not have been entrusted with the whole government of the kingdom.

Had Marlborough been of a proud and vindictive nature he might have been provoked into raising another quarrel in the royal family, and into forming new cabals in the army. But all his passions, except ambition and avarice, were under strict regulation. He was destitute alike of the sentiment of gratitude and of the sentiment of revenge. He had conspired against the government while it was loading him with favours. He now supported it, though it requited his support with contumely. He perfectly understood his own interest; he had perfect command of his temper; he endured decorously the hardships of his present situation, and contented himself by looking forward to a reversion which would amply repay him for a few years of patience. He did not indeed cease to correspond with the Court of Saint Germains; but the correspondence gradually became more and more slack, and seems, on his part, to have been made up of vague professions and trifling excuses.

The event which had changed all Marlborough's views had filled the minds of fiercer and more pertinacious politicians with wild hopes and atrocious projects.

During the two years and a half which followed the execution of Grandval, no serious design had been formed against the life of William. Some hotheaded malecontents had indeed laid schemes for kidnapping or murdering him; but those schemes were not, while his wife lived, countenanced by her father. James did not feel, and, to do him justice, was not such a hypocrite as to pretend to feel, any scruple about removing his enemies by those means which he had justly thought base and wicked when employed by his enemies against himself. If any such scruple had arisen in his mind, there was no want, under his roof, of casuists willing and competent to soothe his conscience with sophisms such as had corrupted the far nobler natures of Anthony Babington and Everard Digby. To question the lawfulness of assassination, in cases where assassination might promote the interests of the Church, was to question the authority of the most illustrious Jesuits, of Bellarmine and Suarez, of Molina and Mariana; nay, it was to rebel against the Chair of Saint Peter. One Pope had walked in procession at the head of his cardinals, had proclaimed a jubilee, had ordered the guns of Saint Angelo to be fired, in honour of the perfidious butchery in which Coligni had perished. Another Pope had in a solemn allocution hymned the murder of Henry the Third of France in rapturous language borrowed from the ode of the prophet Habakkuk, and had extolled the murderer above Phinehas and Judith. 590 William was regarded at Saint Germains as a monster compared with whom Coligni and Henry the Third were saints. Nevertheless James, during some years, refused to sanction any attempt on his nephew's person. The reasons which he assigned for his refusal have come down to us, as he wrote them with his own hand. He did not affect to think that assassination was a sin which ought to be held in horror by a Christian, or a villany unworthy of a gentleman; he merely said that the difficulties were great, and that he would not push his friends on extreme danger when it would not be in his power to second them effectually. 591 In truth, while Mary lived, it might well be doubted whether the murder of her husband would really be a service to the Jacobite cause. By his death the government would lose indeed the strength derived from his eminent personal qualities, but would at the same time be relieved from the load of his personal unpopularity. His whole power would at once devolve on his widow; and the nation would probably rally round her with enthusiasm. If her political abilities were not equal to his, she had not his repulsive manners, his foreign pronunciation, his partiality for every thing Dutch and for every thing Calvinistic. Many, who had thought her culpably wanting in filial piety, would be of opinion that now at least she was absolved from all duty to a father stained with the blood of her husband. The whole machinery of the administration would continue to work without that interruption which ordinarily followed a demise of the Crown. There would be no dissolution of the Parliament, no suspension of the customs and excise; commissions would retain their force; and all that James would have gained by the fall of his enemy would have been a barren revenge.

The death of the Queen changed every thing. If a dagger or a bullet should now reach the heart of William, it was probable that there would instantly be general anarchy. The Parliament and the Privy Council would cease to exist. The authority of ministers and judges would expire with him from whom it was derived. It might seem not improbable that at such a moment a restoration might be effected without a blow.

Scarcely therefore had Mary been laid in the grave when restless and unprincipled men began to plot in earnest against the life of William. Foremost among these men in parts, in courage and in energy was Robert Charnock. He had been liberally educated, and had, in the late reign, been a fellow of Magdalene College, Oxford. Alone in that great society he had betrayed the common cause, had consented to be the tool of the High Commission, had publicly apostatized from the Church of England, and, while his college was a Popish seminary, had held the office of Vice President. The Revolution came, and altered at once the whole course of his life. Driven from the quiet cloister and the old grove of oaks on the bank of the Cherwell, he sought haunts of a very different kind. During several years he led the perilous and agitated life of a conspirator, passed and repassed on secret errands between England and France, changed his lodgings in London often, and was known at different coffeehouses by different names. His services had been requited with a captain's commission signed by the banished King.

With Charnock was closely connected George Porter, an adventurer who called himself a Roman Catholic and a Royalist, but who was in truth destitute of all religious and of all political principle. Porter's friends could not deny that he was a rake and a coxcomb, that he drank, that he swore, that he told extravagant lies about his amours, and that he had been convicted of manslaughter for a stab given in a brawl at the playhouse. His enemies affirmed that he was addicted to nauseous and horrible kinds of debauchery, and that he procured the means of indulging his infamous tastes by cheating and marauding; that he was one of a gang of clippers; that he sometimes got on horseback late in the evening and stole out in disguise, and that, when he returned from these mysterious excursions, his appearance justified the suspicion that he had been doing business on Hounslow Heath or Finchley Common. 592

Cardell Goodman, popularly called Scum Goodman, a knave more abandoned, if possible, than Porter, was in the plot. Goodman had been on the stage, had been kept, like some much greater men, by the Duchess of Cleveland, had been taken into her house, had been loaded by her with gifts, and had requited her by bribing an Italian quack to poison two of her children. As the poison had not been administered, Goodman could be prosecuted only for a misdemeanour. He was tried, convicted and sentenced to a ruinous fine. He had since distinguished himself as one of the first forgers of bank notes. 593

Sir William Parkyns, a wealthy knight bred to the law, who had been conspicuous among the Tories in the days of the Exclusion Bill, was one of the most important members of the confederacy. He bore a much fairer character than most of his accomplices; but in one respect he was more culpable than any of them. For he had, in order to retain a lucrative office which he held in the Court of Chancery, sworn allegiance to the Prince against whose life he now conspired.

The design was imparted to Sir John Fenwick, celebrated on account of the cowardly insult which he had offered to the deceased Queen. Fenwick, if his own assertion is to be trusted, was willing to join in an insurrection, but recoiled from the thought of assassination, and showed so much of what was in his mind as sufficed to make him an object of suspicion to his less scrupulous associates. He kept their secret, however, as strictly as if he had wished them success.