The History of England, from the Accession of James II — Volume 5

In their eagerness to displace and destroy him they overreached themselves. Had they been content to accuse him of lending his countenance, with a rashness unbecoming his high place, to an illconcerted scheme, that large part of mankind which judges of a plan simply by the event would probably have thought the accusation well founded. But the malice which they bore to him was not to be so satisfied. They affected to believe that he had from the first been aware of Kidd's character and designs. The Great Seal had been employed to sanction a piratical expedition. The head of the law had laid down a thousand pounds in the hope of receiving tens of thousands when his accomplices should return, laden with the spoils of ruined merchants. It was fortunate for the Chancellor that the calumnies of which he was the object were too atrocious to be mischievous.

And now the time had come at which the hoarded illhumour of six months was at liberty to explode. On the sixteenth of November the Houses met. The King, in his speech, assured them in gracious and affectionate language that he was determined to do his best to merit their love by constant care to preserve their liberty and their religion, by a pure administration of justice, by countenancing virtue, by discouraging vice, by shrinking from no difficulty or danger when the welfare of the nation was at stake. "These," he said, "are my resolutions; and I am persuaded that you are come together with purposes on your part suitable to these on mine. Since then our aims are only for the general good, let us act with confidence in one another, which will not fail, by God's blessing, to make me a happy king, and you a great and flourishing people."

It might have been thought that no words less likely to give offence had ever been uttered from the English throne. But even in those words the malevolence of faction sought and found matter for a quarrel. The gentle exhortation, "Let us act with confidence in one another," must mean that such confidence did not now exist, that the King distrusted the Parliament, or that the Parliament had shown an unwarrantable distrust of the King. Such an exhortation was nothing less than a reproach; and such a reproach was a bad return for the gold and the blood which England had lavished in order to make and to keep him a great sovereign. There was a sharp debate, in which Seymour took part. With characteristic indelicacy and want of feeling he harangued the Commons as he had harangued the Court of King's Bench, about his son's death, and about the necessity of curbing the insolence of military men. There were loud complaints that the events of the preceding session had been misrepresented to the public, that emissaries of the Court, in every part of the kingdom, declaimed against the absurd jealousies or still more absurd parsimony which had refused to His Majesty the means of keeping up such an army as might secure the country against invasion. Even justices of the peace, it was said, even deputy-lieutenants, had used King James and King Lewis as bugbears, for the purpose of stirring up the people against honest and thrifty representatives. Angry resolutions were passed, declaring it to be the opinion of the House that the best way to establish entire confidence between the King and the Estates of the Realm would be to put a brand on those evil advisers who had dared to breathe in the royal ear calumnies against a faithful Parliament. An address founded on these resolutions was voted; many thought that a violent rupture was inevitable. But William returned an answer so prudent and gentle that malice itself could not prolong the dispute. By this time, indeed, a new dispute had begun. The address had scarcely been moved when the House called for copies of the papers relating to Kidd's expedition. Somers, conscious of innocence, knew that it was wise as well as right to be perfectly ingenuous, and resolved that there should be no concealment. His friends stood manfully by him, and his enemies struck at him with such blind fury that their blows injured only themselves. Howe raved like a maniac. "What is to become of the country, plundered by land, plundered by sea? Our rulers have laid hold on our lands, our woods, our mines, our money. And all this is not enough. We cannot send a cargo to the farthest ends of the earth, but they must send a gang of thieves after it." Harley and Seymour tried to carry a vote of censure without giving the House time to read the papers. But the general feeling was strongly for a short delay. At length, on the sixth of December, the subject was considered in a committee of the whole House. Shower undertook to prove that the letters patent to which Somers had put the Great Seal were illegal. Cowper replied to him with immense applause, and seems to have completely refuted him. Some of the Tory orators had employed what was then a favourite claptrap. Very great men, no doubt, were concerned in this business. But were the Commons of England to stand in awe of great men? Would not they have the spirit to censure corruption and oppression in the highest places? Cowper answered finely that assuredly the House ought not to be deterred from the discharge of any duty by the fear of great men, but that fear was not the only base and evil passion of which great men were the objects, and that the flatterer who courted their favour was not a worse citizen than the envious calumniator who took pleasure in bringing whatever was eminent down to his own level. At length, after a debate which lasted from midday till nine at night, and in which all the leading members took part, the committee divided on the question that the letters patent were dishonourable to the King, inconsistent with the law of nations, contrary to the statutes of the realm, and destructive of property and trade. The Chancellor's enemies had felt confident of victory, and had made the resolution so strong in order that it might be impossible for him to retain the Great Seal. They soon found that it would have been wise to propose a gentler censure. Great numbers of their adherents, convinced by Cowper's arguments, or unwilling to put a cruel stigma on a man of whose genius and accomplishments the nation was proud, stole away before the door was closed. To the general astonishment there were only one hundred and thirty-three Ayes to one hundred and eighty-nine Noes. That the City of London did not consider Somers as the destroyer, and his enemies as the protectors, of trade, was proved on the following morning by the most unequivocal of signs. As soon as the news of his triumph reached the Royal Exchange, the price of stocks went up.

Some weeks elapsed before the Tories ventured again to attack him. In the meantime they amused themselves by trying to worry another person whom they hated even more bitterly. When, in a financial debate, the arrangements of the household of the Duke of Gloucester were incidentally mentioned, one or two members took the opportunity of throwing reflections on Burnet. Burnet's very name sufficed to raise among the High Churchmen a storm of mingled merriment and anger. The Speaker in vain reminded the orators that they were wandering from the question. The majority was determined to have some fun with the Right Reverend Whig, and encouraged them to proceed. Nothing appears to have been said on the other side. The chiefs of the opposition inferred from the laughing and cheering of the Bishop's enemies, and from the silence of his friends, that there would be no difficulty in driving from Court, with contumely, the prelate whom of all prelates they most detested, as the personification of the latitudinarian spirit, a Jack Presbyter in lawn sleeves. They, therefore, after the lapse of a few hours, moved quite unexpectedly an address requesting the King to remove the Bishop of Salisbury from the place of preceptor to the young heir apparent. But it soon appeared that many who could not help smiling at Burnet's weaknesses did justice to his abilities and virtues. The debate was hot. The unlucky Pastoral Letter was of course not forgotten. It was asked whether a man who had proclaimed that England was a conquered country, a man whose servile pages the English Commons had ordered to be burned by the hangman, could be a fit instructor for an English Prince. Some reviled the Bishop for being a Socinian, which he was not, and some for being a Scotchman, which he was. His defenders fought his battle gallantly. "Grant," they said, "that it is possible to find, amidst an immense mass of eloquent and learned matter published in defence of the Protestant religion and of the English Constitution, a paragraph which, though well intended, was not well considered, is that error of an unguarded minute to outweigh the services of more than twenty years? If one House of Commons, by a very small majority, censured a little tract of which his Lordship was the author, let it be remembered that another House of Commons unanimously voted thanks to him for a work of very different magnitude and importance, the History of the Reformation. And, as to what is said about his birthplace, is there not already ill humour enough in Scotland? Has not the failure of that unhappy expedition to Darien raised a sufficiently bitter feeling against us throughout that kingdom? Every wise and honest man is desirous to soothe the angry passions of our neighbours. And shall we, just at this moment, exasperate those passions by proclaiming that to be born on the north of the Tweed is a disqualification for all honourable trust?" The ministerial members would gladly have permitted the motion to be withdrawn. But the opposition, elated with hope, insisted on dividing, and were confounded by finding that, with all the advantage of a surprise, they were only one hundred and thirty-three to one hundred and seventy-three. Their defeat would probably have been less complete, had not all those members who were especially attached to the Princess of Denmark voted in the majority or absented themselves. Marlborough used all his influence against the motion; and he had strong reasons for doing so. He was by no means well pleased to see the Commons engaged in discussing the characters and past lives of the persons who were placed about the Duke of Gloucester. If the High Churchmen, by reviving old stories, succeeded in carrying a vote against the Preceptor, it was by no means unlikely that some malicious Whig might retaliate on the Governor. The Governor must have been conscious that he was not invulnerable; nor could he absolutely rely on the support of the whole body of Tories; for it was believed that their favourite leader, Rochester, thought himself the fittest person to superintend the education of his grand nephew.

From Burnet the opposition went back to Somers. Some Crown property near Reigate had been granted to Somers by the King. In this transaction there was nothing that deserved blame. The Great Seal ought always to be held by a lawyer of the highest distinction; nor can such a lawyer discharge his duties in a perfectly efficient manner unless, with the Great Seal, he accepts a peerage. But he may not have accumulated a fortune such as will alone suffice to support a peerage; his peerage is permanent; and his tenure of the Great Seal is precarious. In a few weeks he may be dismissed from office, and may find that he has lost a lucrative profession, that he has got nothing but a costly dignity, that he has been transformed from a prosperous barrister into a mendicant lord. Such a risk no wise man will run. If, therefore, the state is to be well served in the highest civil post, it is absolutely necessary that a provision should be made for retired Chancellors. The Sovereign is now empowered by Act of Parliament to make such a provision out of the public revenue. In old times such a provision was ordinarily made out of the hereditary domain of the Crown. What had been bestowed on Somers appears to have amounted, after all deductions, to a net income of about sixteen hundred a year, a sum which will hardly shock us who have seen at one time five retired Chancellors enjoying pensions of five thousand a year each. For the crime, however, of accepting this grant the leaders of the opposition hoped that they should be able to punish Somers with disgrace and ruin. One difficulty stood in the way. All that he had received was but a pittance when compared with the wealth with which some of his persecutors had been loaded by the last two kings of the House of Stuart. It was not easy to pass any censure on him which should not imply a still more severe censure on two generations of Granvilles, on two generations of Hydes, and on two generations of Finches. At last some ingenious Tory thought of a device by which it might be possible to strike the enemy without wounding friends. The grants of Charles and James had been made in time of peace; and William's grant to Somers had been made in time of war. Malice eagerly caught at this childish distinction. It was moved that any minister who had been concerned in passing a grant for his own benefit while the nation was under the heavy taxes of the late war had violated his trust; as if the expenditure which is necessary to secure to the country a good administration of justice ought to be suspended by war; or as if it were not criminal in a government to squander the resources of the state in time of peace. The motion was made by James Brydges, eldest son of the Lord Chandos, the James Brydges who afterwards became Duke of Chandos, who raised a gigantic fortune out of war taxes, to squander it in comfortless and tasteless ostentation, and who is still remembered as the Timon of Pope's keen and brilliant satire. It was remarked as extraordinary that Brydges brought forward and defended his motion merely as the assertion of an abstract truth, and avoided all mention of the Chancellor. It seemed still more extraordinary that Howe, whose whole eloquence consisted in cutting personalities, named nobody on this occasion, and contented himself with declaiming in general terms against corruption and profusion. It was plain that the enemies of Somers were at once urged forward by hatred and kept back by fear. They knew that they could not carry a resolution directly condemning him. They, therefore, cunningly brought forward a mere speculative proposition which many members might be willing to affirm without scrutinising it severely. But, as soon as the major premise had been admitted, the minor would be without difficulty established; and it would be impossible to avoid coming to the conclusion that Somers had violated his trust. Such tactics, however, have very seldom succeeded in English parliaments; for a little good sense and a little straightforwardness are quite sufficient to confound them. A sturdy Whig member, Sir Rowland Gwyn, disconcerted the whole scheme of operations. "Why this reserve?" he said, "Everybody knows your meaning. Everybody sees that you have not the courage to name the great man whom you are trying to destroy." "That is false," cried Brydges; and a stormy altercation followed. It soon appeared that innocence would again triumph. The two parties seemed to have exchanged characters for one day. The friends of the government, who in the Parliament were generally humble and timorous, took a high tone, and spoke as it becomes men to speak who are defending persecuted genius and virtue. The malecontents, generally so insolent and turbulent, seemed to be completely cowed. They abased themselves so low as to protest, what no human being could believe, that they had no intention of attacking the Chancellor, and had framed their resolution without any view to him. Howe, from whose lips scarcely any thing ever dropped but gall and poison, went so far as to say: "My Lord Somers is a man of eminent merit, of merit so eminent that, if he had made a slip, we might well overlook it." At a late hour the question was put; and the motion was rejected by a majority of fifty in a house of four hundred and nineteen members. It was long since there had been so large an attendance at a division.

The ignominious failure of the attacks on Somers and Burnet seemed to prove that the assembly was coming round to a better temper. But the temper of a House of Commons left without the guidance of a ministry is never to be trusted. "Nobody can tell today," said an experienced politician of that time, "what the majority may take it into their heads to do tomorrow." Already a storm was gathering in which the Constitution itself was in danger of perishing, and from which none of the three branches of the legislature escaped without serious damage.

The question of the Irish forfeitures had been raised; and about that question the minds of men, both within and without the walls of Parliament, were in a strangely excitable state. Candid and intelligent men, whatever veneration they may feel for the memory of William, must find it impossible to deny that, in his eagerness to enrich and aggrandise his personal friends, he too often forgot what was due to his own reputation and to the public interest. It is true that in giving away the old domains of the Crown he did only what he had a right to do, and what all his predecessors had done; nor could the most factious opposition insist on resuming his grants of those domains without resuming at the same time the grants of his uncles. But between those domains and the estates recently forfeited in Ireland there was a distinction, which would not indeed have been recognised by the judges, but which to a popular assembly might well seem to be of grave importance. In the year 1690 a Bill had been brought in for applying the Irish forfeitures to the public service. That Bill passed the Commons, and would probably, with large amendments, have passed the Lords, had not the King, who was under the necessity of attending the Congress at the Hague, put an end to the session. In bidding the Houses farewell on that occasion, he assured them that he should not dispose of the property about which they had been deliberating, till they should have had another opportunity of settling that matter. He had, as he thought, strictly kept his word; for he had not disposed of this property till the Houses had repeatedly met and separated without presenting to him any bill on the subject. They had had the opportunity which he had assured them that they should have. They had had more than one such opportunity. The pledge which he had given had therefore been amply redeemed; and he did not conceive that he was bound to abstain longer from exercising his undoubted prerogative. But, though it could hardly be denied that he had literally fulfilled his promise, the general opinion was that such a promise ought to have been more than literally fulfilled. If his Parliament, overwhelmed with business which could not be postponed without danger to his throne and to his person, had been forced to defer, year after year, the consideration of so large and complex a question as that of the Irish forfeitures, it ill became him to take advantage of such a laches with the eagerness of a shrewd attorney. Many persons, therefore, who were sincerely attached to his government, and who on principle disapproved of resumptions, thought the case of these forfeitures an exception to the general rule.

The Commons had at the close of the last session tacked to the Land Tax Bill a clause impowering seven Commissioners, who were designated by name, to take account of the Irish forfeitures; and the Lords and the King, afraid of losing the Land Tax Bill, had reluctantly consented to this clause. During the recess, the commissioners had visited Ireland. They had since returned to England. Their report was soon laid before both Houses. By the Tories, and by their allies the republicans, it was eagerly hailed. It had, indeed, been framed for the express purpose of flattering and of inflaming them. Three of the commissioners had strongly objected to some passages as indecorous, and even calumnious; but the other four had overruled every objection. Of the four the chief was Trenchard. He was by calling a pamphleteer, and seems not to have been aware that the sharpness of style and of temper which may be tolerated in a pamphlet is inexcusable in a state paper. He was certain that he should be protected and rewarded by the party to which he owed his appointment, and was delighted to have it in his power to publish, with perfect security and with a semblance of official authority, bitter reflections on King and ministry, Dutch favourites, French refugees, and Irish Papists. The consequence was that only four names were subscribed to the report. The three dissentients presented a separate memorial. As to the main facts, however, there was little or no dispute. It appeared that more than a million of Irish acres, or about seventeen hundred thousand English acres, an area equal to that of Middlesex, Hertfordshire, Bedfordshire, Cambridgeshire, and Huntingdonshire together, had been forfeited during the late troubles. But of the value of this large territory very different estimates were formed. The commissioners acknowledged that they could obtain no certain information. In the absence of such information they conjectured the annual rent to be about two hundred thousand pounds, and the fee simple to be worth thirteen years' purchase, that is to say, about two millions six hundred thousand pounds. They seem not to have been aware that much of the land had been let very low on perpetual leases, and that much was burdened with mortgages. A contemporary writer, who was evidently well acquainted with Ireland, asserted that the authors of the report had valued the forfeited property in Carlow at six times the real market price, and that the two million six hundred thousand pounds, of which they talked, would be found to shrink to about half a million, which, as the exchanges then stood between Dublin and London, would have dwindled to four hundred thousand pounds by the time that it reached the English Exchequer. It was subsequently proved, beyond all dispute, that this estimate was very much nearer the truth than that which had been formed by Trenchard and Trenchard's colleagues.

Of the seventeen hundred thousand acres which had been forfeited, above a fourth part had been restored to the ancient proprietors in conformity with the civil articles of the treaty of Limerick. About one seventh of the remaining three fourths had been given back to unhappy families, which, though they could not plead the letter of the treaty, had been thought fit objects of clemency. The rest had been bestowed, partly on persons whose seances merited all and more than all that they obtained, but chiefly on the King's personal friends. Romney had obtained a considerable share of the royal bounty. But of all the grants the largest was to Woodstock, the eldest son of Portland; the next was to Albemarle. An admirer of William cannot relate without pain that he divided between these two foreigners an extent of country larger than Hertfordshire.

This fact, simply reported, would have sufficed to excite a strong feeling of indignation in a House of Commons less irritable and querulous than that which then sate at Westminster. But Trenchard and his confederates were not content with simply reporting the fact. They employed all their skill to inflame the passions of the majority. They at once applied goads to its anger and held out baits to its cupidity.

They censured that part of William's conduct which deserved high praise even more severely than that part of his conduct for which it is impossible to set up any defence. They told the Parliament that the old proprietors of the soil had been treated with pernicious indulgence; that the capitulation of Limerick had been construed in a manner far too favourable to the conquered race; and that the King had suffered his compassion to lead him into the error of showing indulgence to many who could not pretend that they were within the terms of the capitulation. Even now, after the lapse of eight years, it might be possible, by instituting a severe inquisition, and by giving proper encouragement to informers, to prove that many Papists, who were still permitted to enjoy their estates, had taken the side of James during the civil war. There would thus be a new and plentiful harvest of confiscations. The four bitterly complained that their task had been made more difficult by the hostility of persons who held office in Ireland, and by the secret influence of great men who were interested in concealing the truth. These grave charges were made in general terms. No name was mentioned; no fact was specified; no evidence was tendered.

Had the report stopped here, those who drew it up might justly have been blamed for the unfair and ill natured manner in which they had discharged their functions; but they could not have been accused of usurping functions which did not belong to them for the purpose of insulting the Sovereign and exasperating the nation. But these men well knew in what way and for what purpose they might safely venture to exceed their commission. The Act of Parliament from which they derived their powers authorised them to report on estates forfeited during the late troubles. It contained not a word which could be construed into an authority to report on the old hereditary domain of the Crown. With that domain they had as little to do as with the seignorage levied on tin in the Duchy of Cornwall, or with the church patronage of the Duchy of Lancaster. But they had discovered that a part of that domain had been alienated by a grant which they could not deny themselves the pleasure of publishing to the world. It was indeed an unfortunate grant, a grant which could not be brought to light without much mischief and much scandal. It was long since William had ceased to be the lover of Elisabeth Villiers, long since he had asked her counsel or listened to her fascinating conversation except in the presence of other persons. She had been some years married to George Hamilton, a soldier who had distinguished himself by his courage in Ireland and Flanders, and who probably held the courtier like doctrine that a lady is not dishonoured by having been the paramour of a king. William was well pleased with the marriage, bestowed on the wife a portion of the old Crown property in Ireland, and created the husband a peer of Scotland by the title of Earl of Orkney. Assuredly William would not have raised his character by abandoning to poverty a woman whom he had loved, though with a criminal love. He was undoubtedly bound, as a man of humanity and honour, to provide liberally for her; but he should have provided for her rather by saving from his civil list than by alienating his hereditary revenue. The four malecontent commissioners rejoiced with spiteful joy over this discovery. It was in vain that the other three represented that the grant to Lady Orkney was one with which they had nothing to do, and that, if they went out of their way to hold it up to obloquy, they might be justly said to fly in the King's face. "To fly in the King's face!" said one of the majority; "our business is to fly in the King's face. We were sent here to fly in the King's face." With this patriotic object a paragraph about Lady Orkney's grant was added to the report, a paragraph too in which the value of that grant was so monstrously exaggerated that William appeared to have surpassed the profligate extravagance of his uncle Charles. The estate bestowed on the countess was valued at twenty-four thousand pounds a year. The truth seems to be that the income which she derived from the royal bounty, after making allowance for incumbrances and for the rate of exchange, was about four thousand pounds.

The success of the report was complete. The nation and its representatives hated taxes, hated foreign favourites, and hated Irish Papists; and here was a document which held out the hope that England might, at the expense of foreign courtiers and of popish Celts, be relieved from a great load of taxes. Many, both within and without the walls of Parliament, gave entire faith to the estimate which the commissioners had formed by a wild guess, in the absence of trustworthy information. They gave entire faith also to the prediction that a strict inquiry would detect many traitors who had hitherto been permitted to escape with impunity, and that a large addition would thus be made to the extensive territory which had already been confiscated. It was popularly said that, if vigorous measures were taken, the gain to the kingdom would be not less than three hundred thousand pounds a year; and almost the whole of this sum, a sum more than sufficient to defray the whole charge of such an army as the Commons were disposed to keep up in time of peace, would be raised by simply taking away what had been unjustifiably given to Dutchmen, who would still retain immense wealth taken out of English pockets, or unjustifiably left to Irishmen, who thought it at once the most pleasant and the most pious of all employments to cut English throats. The Lower House went to work with the double eagerness of rapacity and of animosity. As soon as the report of the four and the protest of the three had been laid on the table and read by the clerk, it was resolved that a Resumption Bill should be brought in. It was then resolved, in opposition to the plainest principles of justice, that no petition from any person who might think himself aggrieved by this bill should ever be received. It was necessary to consider how the commissioners should be remunerated for their services; and this question was decided with impudent injustice. It was determined that the commissioners who had signed the report should receive a thousand pounds each. But a large party thought that the dissentient three deserved no recompense; and two of them were merely allowed what was thought sufficient to cover the expense of their journey to Ireland. This was nothing less than to give notice to every man who should ever be employed in any similar inquiry that, if he wished to be paid, he must report what would please the assembly which held the purse of the state. In truth the House was despotic, and was fast contracting the vices of a despot. It was proud of its antipathy to courtiers; and it was calling into existence a new set of courtiers who would study all its humours, who would flatter all its weaknesses, who would prophesy to it smooth things, and who would assuredly be, in no respect, less greedy, less faithless, or less abject than the sycophants who bow in the antechambers of kings.