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

So gloomy was the prospect which lay before William, when, in the autumn of 1696, he quitted his camp in the Netherlands for England. His servants here meanwhile were looking forward to his arrival with very strong and very various emotions. The whole political world had been thrown into confusion by a cause which did not at first appear commensurate to such an effect.

During his absence, the search for the Jacobites who had been concerned in the plots of the preceding winter had not been intermitted; and of these Jacobites none was in greater peril than Sir John Fenwick. His birth, his connections, the high situations which he had filled, the indefatigable activity with which he had, during several years, laboured to subvert the government, and the personal insolence with which he had treated the deceased Queen, marked him out as a man fit to be made an example. He succeeded, however, in concealing himself from the officers of justice till the first heat of pursuit was over. In his hiding place he thought of an ingenious device which might, as he conceived, save him from the fate of his friends Charnock and Parkyns. Two witnesses were necessary to convict him. It appeared from what had passed on the trials of his accomplices, that there were only two witnesses who could prove his guilt, Porter and Goodman. His life was safe if either of these men could be persuaded to abscond.

Fenwick was not the only person who had strong reason to wish that Porter or Goodman, or both, might be induced to leave England. Aylesbury had been arrested, and committed to the Tower; and he well knew that, if these men appeared against him, his head would be in serious danger. His friends and Fenwick's raised what was thought a sufficient sum; and two Irishmen, or, in the phrase of the newspapers of that day, bogtrotters, a barber named Clancy, and a disbanded captain named Donelagh, undertook the work of corruption.

The first attempt was made on Porter. Clancy contrived to fall in with him at a tavern, threw out significant hints, and, finding that those hints were favourably received, opened a regular negotiation. The terms offered were alluring; three hundred guineas down, three hundred more as soon as the witness should be beyond sea, a handsome annuity for life, a free pardon from King James, and a secure retreat in France. Porter seemed inclined, and perhaps was really inclined, to consent. He said that he still was what he had been, that he was at heart attached to the good cause, but that he had been tried beyond his strength. Life was sweet. It was easy for men who had never been in danger to say that none but a villain would save himself by hanging his associates; but a few hours in Newgate, with the near prospect of a journey on a sledge to Tyburn, would teach such boasters to be more charitable. After repeatedly conferring with Clancy, Porter was introduced to Fenwick's wife, Lady Mary, a sister of the Earl of Carlisle. Every thing was soon settled. Donelagh made the arrangements for the flight. A boat was in waiting. The letters which were to secure to the fugitive the protection of King James were prepared by Fenwick. The hour and place were fixed at which Porter was to receive the first instalment of the promised reward. But his heart misgave him. He had, in truth, gone such lengths that it would have been madness in him to turn back. He had sent Charnock, King, Keyes, Friend, Parkyns, Rookwood, Cranburne, to the gallows. It was impossible that such a Judas could ever be really forgiven. In France, among the friends and comrades of those whom he had destroyed, his life would not be worth one day's purchase. No pardon under the Great Seal would avert the stroke of the avenger of blood. Nay, who could say that the bribe now offered was not a bait intended to lure the victim to the place where a terrible doom awaited him? Porter resolved to be true to that government under which alone he could be safe; he carried to Whitehall information of the whole intrigue; and he received full instructions from the ministers. On the eve of the day fixed for his departure he had a farewell meeting with Clancy at a tavern. Three hundred guineas were counted out on the table. Porter pocketed them, and gave a signal. Instantly several messengers from the office of the Secretary of State rushed into the room, and produced a warrant. The unlucky barber was carried off to prison, tried for his offence, convicted and pilloried. 727

This mishap made Fenwick's situation more perilous than ever. At the next sessions for the City of London a bill of indictment against him, for high treason, was laid before the grand jury. Porter and Goodman appeared as witnesses for the Crown; and the bill was found. Fenwick now thought that it was high time to steal away to the Continent. Arrangements were made for his passage. He quitted his hiding place, and repaired to Romney Marsh. There he hoped to find shelter till the vessel which was to convey him across the Channel should arrive. For, though Hunt's establishment had been broken up, there were still in that dreary region smugglers who carried on more than one lawless trade. It chanced that two of these men had just been arrested on a charge of harbouring traitors. The messenger who had taken them into custody was returning to London with them, when, on the high road, he met Fenwick face to face. Unfortunately for Fenwick, no face in England was better known than his. "It is Sir John," said the officer to the prisoners: "Stand by me, my good fellows, and, I warrant you, you will have your pardons, and a bag of guineas besides." The offer was too tempting to be refused; but Fenwick was better mounted than his assailants; he dashed through them, pistol in hand, and was soon out of sight. They pursued him; the hue and cry was raised; the bells of all the parish churches of the Marsh rang out the alarm; the whole country was up; every path was guarded; every thicket was beaten; every hut was searched; and at length the fugitive was found in bed. Just then a bark, of very suspicious appearance, came in sight; she soon approached the shore, and showed English colours; but to the practised eyes of the Kentish fishermen she looked much like a French privateer. It was not difficult to guess her errand. After waiting a short time in vain for her passenger, she stood out to sea. 728

Fenwick, unluckily for himself, was able so far to elude the vigilance of those who had charge of him as to scrawl with a lead pencil a short letter to his wife. Every line contained evidence of his guilt. All, he wrote, was over; he was a dead man, unless, indeed, his friends could, by dint of solicitation, obtain a pardon for him. Perhaps the united entreaties of all the Howards might succeed. He would go abroad; he would solemnly promise never again to set foot on English ground, and never to draw sword against the government. Or would it be possible to bribe a juryman or two to starve out the rest? "That," he wrote, "or nothing can save me." This billet was intercepted in its way to the post, and sent up to Whitehall. Fenwick was soon carried to London and brought before the Lords Justices. At first he held high language and bade defiance to his accusers. He was told that he had not always been so confident; and his letter to his wife was laid before him. He had not till then been aware that it had fallen into hands for which it was not intended. His distress and confusion became great. He felt that, if he were instantly sent before a jury, a conviction was inevitable. One chance remained. If he could delay his trial for a short time, the judges would leave town for their circuits; a few weeks would be gained; and in the course of a few weeks something might be done.

He addressed himself particularly to the Lord Steward, Devonshire, with whom he had formerly had some connection of a friendly kind. The unhappy man declared that he threw himself entirely on the royal mercy, and offered to disclose all that he knew touching the plots of the Jacobites. That he knew much nobody could doubt. Devonshire advised his colleagues to postpone the trial till the pleasure of William could be known. This advice was taken. The King was informed of what had passed; and he soon sent an answer directing Devonshire to receive the prisoner's confession in writing, and to send it over to the Netherlands with all speed. 729

Fenwick had now to consider what he should confess. Had he, according to his promise, revealed all that he knew, there can be no doubt that his evidence would have seriously affected many Jacobite noblemen, gentlemen and clergymen. But, though he was very unwilling to die, attachment to his party was in his mind a stronger sentiment than the fear of death. The thought occurred to him that he might construct a story, which might possibly be considered as sufficient to earn his pardon, which would at least put off his trial some months, yet which would not injure a single sincere adherent of the banished dynasty, nay, which would cause distress and embarrassment to the enemies of that dynasty, and which would fill the Court, the Council, and the Parliament of William with fears and animosities. He would divulge nothing that could affect those true Jacobites who had repeatedly awaited, with pistols loaded and horses saddled, the landing of the rightful King accompanied by a French army. But if there were false Jacobites who had mocked their banished Sovereign year after year with professions of attachment and promises of service, and yet had, at every great crisis, found some excuse for disappointing him, and who were at that moment among the chief supports of the usurper's throne, why should they be spared? That there were such false Jacobites, high in political office and in military command, Fenwick had good reason to believe. He could indeed say nothing against them to which a Court of Justice would have listened; for none of them had ever entrusted him with any message or letter for France; and all that he knew about their treachery he had learned at second hand and third hand. But of their guilt he had no doubt. One of them was Marlborough. He had, after betraying James to William, promised to make reparation by betraying William to James, and had, at last, after much shuffling, again betrayed James and made peace with William. Godolphin had practised similar deception. He had long been sending fair words to Saint Germains; in return for those fair words he had received a pardon; and, with this pardon in his secret drawer, he had continued to administer the finances of the existing government. To ruin such a man would be a just punishment for his baseness, and a great service to King James. Still more desirable was it to blast the fame and to destroy the influence of Russell and Shrewsbury. Both were distinguished members of that party which had, under different names, been, during three generations, implacably hostile to the Kings of the House of Stuart. Both had taken a great part in the Revolution. The names of both were subscribed to the instrument which had invited the Prince of Orange to England. One of them was now his Minister for Maritime Affairs; the other his Principal Secretary of State; but neither had been constantly faithful to him. Both had, soon after his accession, bitterly resented his wise and magnanimous impartiality, which, to their minds, disordered by party spirit, seemed to be unjust and ungrateful partiality for the Tory faction; and both had, in their spleen, listened to agents from Saint Germains. Russell had vowed by all that was most sacred that he would himself bring back his exiled Sovereign. But the vow was broken as soon as it had been uttered; and he to whom the royal family had looked as to a second Monk had crushed the hopes of that family at La Hogue. Shrewsbury had not gone such lengths. Yet he too, while out of humour with William, had tampered with the agents of James. With the power and reputation of these two great men was closely connected the power and reputation of the whole Whig party. That party, after some quarrels, which were in truth quarrels of lovers, was now cordially reconciled to William, and bound to him by the strongest ties. If those ties could be dissolved, if he could be induced to regard with distrust and aversion the only set of men which was on principle and with enthusiasm devoted to his interests, his enemies would indeed have reason to rejoice.

With such views as these Fenwick delivered to Devonshire a paper so cunningly composed that it would probably have brought some severe calamity on the Prince to whom it was addressed, had not that Prince been a man of singularly clear judgment and singularly lofty spirit. The paper contained scarcely any thing respecting those Jacobite plots in which the writer had been himself concerned, and of which he intimately knew all the details. It contained nothing which could be of the smallest prejudice to any person who was really hostile to the existing order of things. The whole narrative was made up of stories, too true for the most part, yet resting on no better authority than hearsay, about the intrigues of some eminent warriors and statesmen, who, whatever their former conduct might have been, were now at least hearty in support of William. Godolphin, Fenwick averred, had accepted a seat at the Board of Treasury, with the sanction and for the benefit of King James. Marlborough had promised to carry over the army, Russell to carry over the fleet. Shrewsbury, while out of office, had plotted with Middleton against the government and King. Indeed the Whigs were now the favourites at Saint Germains. Many old friends of hereditary right were moved to jealousy by the preference which James gave to the new converts. Nay, he had been heard to express his confident hope that the monarchy would be set up again by the very hands which had pulled it down.

Such was Fenwick's confession. Devonshire received it and sent it by express to the Netherlands, without intimating to any of his fellow councillors what it contained. The accused ministers afterwards complained bitterly of this proceeding. Devonshire defended himself by saying that he had been specially deputed by the King to take the prisoner's information, and was bound, as a true servant of the Crown, to transmit that information to His Majesty and to His Majesty alone.

The messenger sent by Devonshire found William at Loo. The King read the confession, and saw at once with what objects it had been drawn up. It contained little more than what he had long known, and had long, with politic and generous dissimulation, affected not to know. If he spared, employed and promoted men who had been false to him, it was not because he was their dupe. His observation was quick and just; his intelligence was good; and he had, during some years, had in his hands proofs of much that Fenwick had only gathered from wandering reports. It has seemed strange to many that a Prince of high spirit and acrimonious temper should have treated servants, who had so deeply wronged him, with a kindness hardly to be expected from the meekest of human beings. But William was emphatically a statesman. Ill humour, the natural and pardonable effect of much bodily and much mental suffering, might sometimes impel him to give a tart answer. But never did he on any important occasion indulge his angry passions at the expense of the great interests of which he was the guardian. For the sake of those interests, proud and imperious as he was by nature, he submitted patiently to galling restraints, bore cruel indignities and disappointments with the outward show of serenity, and not only forgave, but often pretended not to see, offences which might well have moved him to bitter resentment. He knew that he must work with such tools as he had. If he was to govern England he must employ the public men of England; and in his age, the public men of England, with much of a peculiar kind of ability, were, as a class, lowminded and immoral. There were doubtless exceptions. Such was Nottingham among the Tories, and Somers among the Whigs. But the majority, both of the Tory and of the Whig ministers of William, were men whose characters had taken the ply in the days of the Antipuritan reaction. They had been formed in two evil schools, in the most unprincipled of courts, and the most unprincipled of oppositions, a court which took its character from Charles, an opposition headed by Shaftesbury. From men so trained it would have been unreasonable to expect disinterested and stedfast fidelity to any cause. But though they could not be trusted, they might be used and they might be useful. No reliance could be placed on their principles but much reliance might be placed on their hopes and on their fears; and of the two Kings who laid claim to the English crown, the King from whom there was most to hope and most to fear was the King in possession. If therefore William had little reason to esteem these politicians his hearty friends, he had still less reason to number them among his hearty foes. Their conduct towards him, reprehensible as it was, might be called upright when compared with their conduct towards James. To the reigning Sovereign they had given valuable service; to the banished Sovereign little more than promises and professions. Shrewsbury might, in a moment of resentment or of weakness, have trafficked with Jacobite agents; but his general conduct had proved that he was as far as ever from being a Jacobite. Godolphin had been lavish of fair words to the dynasty which was out; but he had thriftily and skilfully managed the revenues of the dynasty which was in. Russell had sworn that he would desert with the English fleet; but he had burned the French fleet. Even Marlborough's known treasons,—for his share in the disaster of Brest and the death of Talmash was unsuspected—, had not done so much harm as his exertions at Walcourt, at Cork and at Kinsale had done good. William had therefore wisely resolved to shut his eyes to perfidy, which, however disgraceful it might be, had not injured him, and still to avail himself, with proper precautions, of the eminent talents which some of his unfaithful counsellors possessed, Having determined on this course, and having long followed it with happy effect, he could not but be annoyed and provoked by Fenwick's confession. Sir John, it was plain, thought himself a Machiavel. If his trick succeeded, the Princess, whom it was most important to keep in good humour, would be alienated from the government by the disgrace of Marlborough. The whole Whig party, the firmest support of the throne, would be alienated by the disgrace of Russell and Shrewsbury. In the meantime not one of those plotters whom Fenwick knew to have been deeply concerned in plans of insurrection, invasion, assassination, would be molested. This cunning schemer should find that he had not to do with a novice. William, instead of turning his accused servants out of their places, sent the confession to Shrewsbury, and desired that it might be laid before the Lords Justices. "I am astonished," the King wrote, "at the fellow's effrontery. You know me too well to think that such stories as his can make any impression on me. Observe this honest man's sincerity. He has nothing to say except against my friends. Not a word about the plans of his brother Jacobites." The King concluded by directing the Lords justices to send Fenwick before a jury with all speed. 730

The effect produced by William's letter was remarkable. Every one of the accused persons behaved himself in a manner singularly characteristic. Marlborough, the most culpable of all, preserved a serenity, mild, majestic and slightly contemptuous. Russell, scarcely less criminal than Marlborough, went into a towering passion, and breathed nothing but vengeance against the villanous informer. Godolphin, uneasy, but wary, reserved and selfpossessed, prepared himself to stand on the defensive. But Shrewsbury, who of all the four was the least to blame, was utterly overwhelmed. He wrote in extreme distress to William, acknowledged with warm expressions of gratitude the King's rare generosity, and protested that Fenwick had malignantly exaggerated and distorted mere trifles into enormous crimes. "My Lord Middleton,"—such was the substance of the letter,—"was certainly in communication with me about the time of the battle of La Hogue. We are relations; we frequently met; we supped together just before he returned to France; I promised to take care of his interests here; he in return offered to do me good offices there; but I told him that I had offended too deeply to be forgiven, and that I would not stoop to ask forgiveness." This, Shrewsbury averred, was the whole extent of his offence. 731 It is but too fully proved that this confession was by no means ingenuous; nor is it likely that William was deceived. But he was determined to spare the repentant traitor the humiliation of owning a fault and accepting a pardon. "I can see," the King wrote, "no crime at all in what you have acknowledged. Be assured that these calumnies have made no unfavourable impression on me. Nay, you shall find that they have strengthened my confidence in you." 732 A man hardened in depravity would have been perfectly contented with an acquittal so complete, announced in language so gracious. But Shrewsbury was quite unnerved by a tenderness which he was conscious that he had not merited. He shrank from the thought of meeting the master whom he had wronged, and by whom he had been forgiven, and of sustaining the gaze of the peers, among whom his birth and his abilities had gained for him a station of which he felt that he was unworthy. The campaign in the Netherlands was over. The session of Parliament was approaching. The King was expected with the first fair wind. Shrewsbury left town and retired to the Wolds of Gloucestershire. In that district, then one of the wildest in the south of the island, he had a small country seat, surrounded by pleasant gardens and fish-ponds. William had, in his progress a year before, visited this dwelling, which lay far from the nearest high road and from the nearest market town, and had been much struck by the silence and loneliness of the retreat in which he found the most graceful and splendid of English courtiers.

At one in the morning of the sixth of October, the King landed at Margate. Late in the evening he reached Kensington. The following morning a brilliant crowd of ministers and nobles pressed to kiss his hand; but he missed one face which ought to have been there, and asked where the Duke of Shrewsbury was, and when he was expected in town. The next day came a letter from the Duke, averring that he had just had a bad fall in hunting. His side had been bruised; his lungs had suffered; he had spit blood, and could not venture to travel. 733 That he had fallen and hurt himself was true; but even those who felt most kindly towards him suspected, and not without strong reason, that he made the most of his convenient misfortune, and, that if he had not shrunk from appearing in public, he would have performed the journey with little difficulty. His correspondents told him that, if he was really as ill as he thought himself, he would do well to consult the physicians and surgeons of the capital. Somers, especially, implored him in the most earnest manner to come up to London. Every hour's delay was mischievous. His Grace must conquer his sensibility. He had only to face calumny courageously, and it would vanish. 734 The King, in a few kind lines, expressed his sorrow for the accident. "You are much wanted here," he wrote: "I am impatient to embrace you, and to assure you that my esteem for you is undiminished." 735 Shrewsbury answered that he had resolved to resign the seals. 736 Somers adjured him not to commit so fatal an error. If at that moment His Grace should quit office, what could the world think, except that he was condemned by his own conscience? He would, in fact, plead guilty; he would put a stain on his own honour, and on the honour of all who lay under the same accusation. It would no longer be possible to treat Fenwick's story as a romance. "Forgive me," Somers wrote, "for speaking after this free manner; for I do own I can scarce be temperate in this matter." 737 A few hours later William himself wrote to the same effect. "I have so much regard for you, that, if I could, I would positively interdict you from doing what must bring such grave suspicions on you. At any time, I should consider your resignation as a misfortune to myself but I protest to you that, at this time, it is on your account more than on mine that I wish you to remain in my service." 738 Sunderland, Portland, Russell and Wharton joined their entreaties to their master's; and Shrewsbury consented to remain Secretary in name. But nothing could induce him to face the Parliament which was about to meet. A litter was sent down to him from London, but to no purpose. He set out, but declared that he found it impossible to proceed, and took refuge again in his lonely mansion among the hills. 739

While these things were passing, the members of both Houses were from every part of the kingdom going up to Westminster. To the opening of the session, not only England, but all Europe, looked forward with intense anxiety. Public credit had been deeply injured by the failure of the Land Bank. The restoration of the currency was not yet half accomplished. The scarcity of money was still distressing. Much of the milled silver was buried in private repositories as fast as it came forth from the Mint. Those politicians who were bent on raising the denomination of the coin had found too ready audience from a population suffering under severe pressure; and, at one time, the general voice of the nation had seemed to be on their side. 740 Of course every person who thought it likely that the standard would be lowered, hoarded as much money as he could hoard; and thus the cry for little shillings aggravated the pressure from which it had sprung. 741 Both the allies and the enemies of England imagined that her resources were spent, that her spirit was broken, that the Commons, so often querulous and parsimonious even in tranquil and prosperous times, would now positively refuse to bear any additional burden, and would, with an importunity not to be withstood, insist on having peace at any price.

But all these prognostications were confounded by the firmness and ability of the Whig leaders, and by the steadiness of the Whig majority. On the twentieth of October the Houses met. William addressed to them a speech remarkable even among all the remarkable speeches in which his own high thoughts and purposes were expressed in the dignified and judicious language of Somers. There was, the King said, great reason for congratulation. It was true that the funds voted in the preceding session for the support of the war had failed, and that the recoinage had produced great distress. Yet the enemy had obtained no advantage abroad; the State had been torn by no convulsion at home; the loyalty shown by the army and by the nation under severe trials had disappointed all the hopes of those who wished evil to England. Overtures tending to peace had been made. What might be the result of those overtures, was uncertain; but this was certain, that there could be no safe or honourable peace for a nation which was not prepared to wage vigorous war. "I am sure we shall all agree in opinion that the only way of treating with France is with our swords in our hands."

The Commons returned to their chamber; and Foley read the speech from the chair. A debate followed which resounded through all Christendom. That was the proudest day of Montague's life, and one of the proudest days in the history of the English Parliament. In 1798, Burke held up the proceedings of that day as an example to the statesmen whose hearts had failed them in the conflict with the gigantic power of the French republic. In 1822, Huskisson held up the proceedings of that day as an example to a legislature which, under the pressure of severe distress, was tempted to alter the standard of value and to break faith with the public creditor. Before the House rose the young Chancellor of the Exchequer, whose ascendency, since the ludicrous failure of the Tory scheme of finance, was undisputed, proposed and carried three memorable resolutions. The first, which passed with only one muttered No, declared that the Commons would support the King against all foreign and domestic enemies, and would enable him to prosecute the war with vigour. The second, which passed, not without opposition, but without a division, declared that the standard of money should not be altered in fineness, weight or denomination. The third, against which not a single opponent of the government dared to raise his voice, pledged the House to make good all the deficiencies of all parliamentary fund's established since the King's accession. The task of framing an answer to the royal speech was entrusted to a Committee exclusively composed of Whigs. Montague was chairman; and the eloquent and animated address which he drew up may still be read in the journals with interest and pride. 742

Within a fortnight two millions and a half were granted for the military expenditure of the approaching year, and nearly as much for the maritime expenditure. Provision was made without any dispute for forty thousand seamen. About the amount of the land force there was a division. The King asked for eighty-seven thousand soldiers; and the Tories thought that number too large. The vote was carried by two hundred and twenty-three to sixty-seven.