The History of England, from the Accession of James II Volume IV Part 26

said another orator, "did not dare to take Naboth's vineyard from him till she had suborned two men of Belial to swear falsely." "If the testimony of one grave elder had been sufficient," it was asked, "what would have become of the virtuous Susannah?" This last allusion called forth a cry of "Apocrypha, Apocrypha," from the ranks of the Low Churchmen. [760]

Over these arguments, which in truth can scarcely have imposed on those who condescended to use them, Montague obtained a complete and easy victory. "An eternal law! Where was this eternal law before the reign of Edward the Sixth? Where is it now, except in statutes which relate only to one very small cla.s.s of offences. If these texts from the Pentateuch and these precedents from the practice of the Sanhedrim prove any thing, they prove the whole criminal jurisprudence of the realm to be a ma.s.s of injustice and impiety. One witness is sufficient to convict a murderer, a burglar, a highwayman, an incendiary, a ravisher. Nay, there are cases of high treason in which only one witness is required. One witness can send to Tyburn a gang of clippers and comers. Are you, then, prepared to say that the whole law of evidence, according to which men have during ages been tried in this country for offences against life and property, is vicious and ought to be remodelled? If you shrink from saying this, you must admit that we are now proposing to dispense, not with a divine ordinance of universal and perpetual obligation, but simply with an English rule of procedure, which applies to not more than two or three crimes, which has not been in force a hundred and fifty years, which derives all its authority from an Act of Parliament, and which may therefore be by another, Act abrogated or suspended without offence to G.o.d or men."

It was much less easy to answer the chiefs of the opposition when they set forth the danger of breaking down the part.i.tion which separates the functions of the legislator from those of the judge. "This man," it was said, "may be a bad Englishman; and yet his cause may be the cause of all good Englishmen. Only last year we pa.s.sed an Act to regulate the procedure of the ordinary courts in cases of treason. We pa.s.sed that Act because we thought that, in those courts, the life of a subject obnoxious to the government was not then sufficiently secured. Yet the life of a subject obnoxious to the government was then far more secure than it will be if this House takes on itself to be the supreme criminal judicature in political cases." Warm eulogies were p.r.o.nounced on the ancient national mode of trial by twelve good men and true; and indeed the advantages of that mode of trial in political cases are obvious. The prisoner is allowed to challenge any number of jurors with cause, and a considerable number without cause. The twelve, from the moment at which they are invested with their short magistracy, till the moment when they lay it down, are kept separate from the rest of the community. Every precaution is taken to prevent any agent of power from soliciting or corrupting them. Every one of them must hear every word of the evidence and every argument used on either side. The case is then summed up by a judge who knows that, if he is guilty of partiality, he may be called to account by the great inquest of the nation. In the trial of Fenwick at the bar of the House of Commons all these securities were wanting. Some hundreds of gentlemen, every one of whom had much more than half made up his mind before the case was opened, performed the functions both of judge and jury. They were not restrained, as a judge is restrained, by the sense of responsibility; for who was to punish a Parliament? They were not selected, as a jury is selected, in a manner which enables the culprit to exclude his personal and political enemies. The arbiters of his fate came in and went out as they chose. They heard a fragment here and there of what was said against him, and a fragment here and there of what was said in his favour. During the progress of the bill they were exposed to every species of influence. One member was threatened by the electors of his borough with the loss of his seat; another might obtain a frigate for his brother from Russell; the vote of a third might be secured by the caresses and Burgundy of Wharton. In the debates arts were practised and pa.s.sions excited which are unknown to well const.i.tuted tribunals, but from which no great popular a.s.sembly divided into parties ever was or ever will be free. The rhetoric of one orator called forth loud cries of "Hear him." Another was coughed and sc.r.a.ped down. A third spoke against time in order that his friends who were supping might come in to divide. [761] If the life of the most worthless man could be sported with thus, was the life of the most virtuous man secure?

The opponents of the bill did not, indeed, venture to say that there could be no public danger sufficient to justify an Act of Attainder.

They admitted that there might be cases in which the general rule must bend to an overpowering necessity. But was this such a case? Even if it were granted, for the sake of argument, that Strafford and Monmouth were justly attainted, was Fenwick, like Strafford, a great minister who had long ruled England north of Trent, and all Ireland, with absolute power, who was high in the royal favour, and whose capacity, eloquence and resolution made him an object of dread even in his fall? Or was Fenwick, like Monmouth, a pretender to the Crown and the idol of the common people? Were all the finest youths of three counties crowding to enlist under his banners? What was he but a subordinate plotter? He had indeed once had good employments; but he had long lost them. He had once had a good estate; but he had wasted it. Eminent abilities and weight of character he had never had. He was, no doubt, connected by marriage with a very n.o.ble family; but that family did not share his political prejudices. What importance, then, had he, except that importance which his persecutors were most unwisely giving him by breaking through all the fences which guard the lives of Englishmen in order to destroy him?

Even if he were set at liberty, what could he do but haunt Jacobite coffeehouses, squeeze oranges, and drink the health of King James and the Prince of Wales? If, however, the government, supported by the Lords and the Commons, by the fleet and the army, by a militia one hundred and sixty thousand strong, and by the half million of men who had signed the a.s.sociation, did really apprehend danger from this poor ruined baronet, the benefit of the Habeas Corpus Act might be withheld from him. He might be kept within four walls as long as there was the least chance of his doing mischief. It could hardly be contended that he was an enemy so terrible that the State could be safe only when he was in the grave.

It was acknowledged that precedents might be found for this bill, or even for a bill far more objectionable. But it was said that whoever reviewed our history would be disposed to regard such precedents rather as warnings than as examples. It had many times happened that an Act of Attainder, pa.s.sed in a fit of servility or animosity, had, when fortune had changed, or when pa.s.sion had cooled, been repealed and solemnly stigmatized as unjust. Thus, in old times, the Act which was pa.s.sed against Roger Mortimer, in the paroxysm of a resentment not unprovoked, had been, at a calmer moment, rescinded on the ground that, however guilty he might have been, he had not had fair play for his life. Thus, within the memory of the existing generation, the law which attainted Strafford had been annulled, without one dissentient voice. Nor, it was added, ought it to be left unnoticed that, whether by virtue of the ordinary law of cause and effect, or by the extraordinary judgment of G.o.d, persons who had been eager to pa.s.s bills of pains and penalties, had repeatedly perished by such bills. No man had ever made a more unscrupulous use of the legislative power for the destruction of his enemies than Thomas Cromwell; and it was by an unscrupulous use of the legislative power that he was himself destroyed. If it were true that the unhappy gentleman whose fate was now trembling in the balance had himself formerly borne a part in a proceeding similar to that which was now inst.i.tuted against him, was not this a fact which ought to suggest very serious reflections? Those who tauntingly reminded Fenwick that he had supported the bill which attainted Monmouth might perhaps themselves be tauntingly reminded, in some dark and terrible hour, that they had supported the bill which had attainted Fenwick. "Let us remember what vicissitudes we have seen. Let us, from so many signal examples of the inconstancy of fortune, learn moderation in prosperity. How little we thought, when we saw this man a favourite courtier at Whitehall, a general surrounded with military pomp at Hounslow, that we should live to see him standing at our bar, and awaiting his doom from our lips! And how far is it from certain that we may not one day, in the bitterness of our souls, vainly invoke the protection of those mild laws which we now treat so lightly! G.o.d forbid that we should ever again be subject to tyranny! But G.o.d forbid, above all, that our tyrants should ever be able to plead, in justification of the worst that they can inflict upon us, precedents furnished by ourselves!"

These topics, skilfully handled, produced a great effect on many moderate Whigs. Montague did his best to rally his followers. We still possess the rude outline of what must have been a most effective peroration. "Gentlemen warn us"--this, or very nearly this, seems to have been what he said--"not to furnish King James with a precedent which, if ever he should be restored, he may use against ourselves. Do they really believe that, if that evil day shall ever come, this just and necessary law will be the pattern which he will imitate? No, Sir, his model will be, not our bill of attainder, but his own; not our bill, which, on full proof, and after a most fair hearing, inflicts deserved retribution on a single guilty head; but his own bill, which, without a defence, without an investigation, without an accusation, doomed near three thousand people, whose only crimes were their English blood and their Protestant faith, the men to the gallows and the women to the stake. That is the precedent which he has set, and which he will follow.

In order that he never may be able to follow it, in order that the fear of a righteous punishment may restrain those enemies of our country who wish to see him ruling in London as he ruled at Dublin, I give my vote for this bill."

In spite of all the eloquence and influence of the ministry, the minority grew stronger and stronger as the debates proceeded. The question that leave should be given to bring in the bill had been carried by nearly three to one. On the question that the bill should be committed, the Ayes were a hundred and eighty-six, the Noes a hundred and twenty-eight. On the question that the bill should pa.s.s, the Ayes were a hundred and eighty-nine, the Noes a hundred and fifty-six.

On the twenty-sixth of November the bill was carried up to the Lords.

Before it arrived, the Lords had made preparations to receive it. Every peer who was absent from town had been summoned up: every peer who disobeyed the summons and was unable to give a satisfactory explanation of his disobedience was taken into custody by Black Rod. On the day fixed for the first reading, the crowd on the benches was unprecedented.

The whole number of temporal Lords, exclusive of minors, Roman Catholics and nonjurors, was about a hundred and forty. Of these a hundred and five were in their places. Many thought that the Bishops ought to have been permitted, if not required, to withdraw; for, by an ancient canon, those who ministered at the altars of G.o.d were forbidden to take any part in the infliction of capital punishment. On the trial of a peer impeached of high treason, the prelates always retire, and leave the culprit to be absolved or condemned by laymen. And surely, if it be unseemly that a divine should doom his fellow creatures to death as a judge, it must be still more unseemly that he should doom them to death as a legislator. In the latter case, as in the former, he contracts that stain of blood which the Church regards with horror; and it will scarcely be denied that there are some grave objections to the shedding of blood by Act of Attainder which do not apply to the shedding of blood in the ordinary course of justice. In fact, when the bill for taking away the life of Strafford was under consideration, all the spiritual peers withdrew. Now, however, the example of Cranmer, who had voted for some of the most infamous acts of attainder that ever pa.s.sed, was thought more worthy of imitation; and there was a great muster of lawn sleeves. It was very properly resolved that, on this occasion, the privilege of voting by proxy should be suspended, that the House should be called over at the beginning and at the end of every sitting, and that every member who did not answer to his name should be taken into custody. [762]

Meanwhile the unquiet brain of Monmouth was teeming with strange designs. He had now reached a time of life at which youth could no longer be pleaded as an excuse for his faults; but he was more wayward and eccentric than ever. Both in his intellectual and in his moral character there was an abundance of those fine qualities which may be called luxuries, and a lamentable deficiency of those solid qualities which are of the first necessity. He had brilliant wit and ready invention without common sense, and chivalrous generosity and delicacy without common honesty. He was capable of rising to the part of the Black Prince; and yet he was capable of sinking to the part of Fuller.

His political life was blemished by some most dishonourable actions; yet he was not under the influence of those motives to which most of the dishonourable actions of politicians are to be ascribed. He valued power little and money less. Of fear he was utterly insensible. If he sometimes stooped to be a villain,--for no milder word will come up to the truth,--it was merely to amuse himself and to astonish other people.

In civil as in military affairs, he loved ambuscades, surprises, night attacks. He now imagined that he had a glorious opportunity of making a sensation, of producing a great commotion; and the temptation was irresistible to a spirit so restless as his.

He knew, or at least strongly suspected, that the stories which Fenwick had told on hearsay, and which King, Lords and Commons, Whigs and Tories, had agreed to treat as calumnies, were, in the main, true. Was it impossible to prove that they were true, to cross the wise policy of William, to bring disgrace at once on some of the most eminent men of both parties, to throw the whole political world into inextricable confusion?

Nothing could be done without the help of the prisoner; and with the prisoner it was impossible to communicate directly. It was necessary to employ the intervention of more than one female agent. The d.u.c.h.ess of Norfolk was a Mordaunt, and Monmouth's first cousin. Her gallantries were notorious; and her husband had, some years before, tried to induce his brother n.o.bles to pa.s.s a bill for dissolving his marriage; but the attempt had been defeated, in consequence partly of the zeal with which Monmouth had fought the battle of his kinswoman. The lady, though separated from her lord, lived in a style suitable to her rank, and a.s.sociated with many women of fashion, among others, with Lady Mary Fenwick, and with a relation of Lady Mary, named Elizabeth Lawson. By the instrumentality of the d.u.c.h.ess, Monmouth conveyed to the prisoner several papers containing suggestions framed with much art. Let Sir John,--such was the substance of these suggestions,--boldly affirm that his confession is true, that he has brought accusations, on hearsay indeed, but not on common hearsay, that he has derived his knowledge of the facts which he has a.s.serted from the highest quarters; and let him point out a mode in which his veracity may be easily brought to the test. Let him pray that the Earls of Portland and Romney, who are well known to enjoy the royal confidence, may be called upon to declare whether they are not in possession of information agreeing with what he has related. Let him pray that the King may be requested to lay before Parliament the evidence which caused the sudden disgrace of Lord Marlborough, and any letters which may have been intercepted while pa.s.sing between Saint Germains and Lord G.o.dolphin. "Unless," said Monmouth to his female agents, "Sir John is under a fate, unless he is out of his mind, he will take my counsel. If he does, his life and honour are safe. If he does not, he is a dead man." Then this strange intriguer, with his usual license of speech, reviled William for what was in truth one of William's best t.i.tles to glory. "He is the worst of men. He has acted basely. He pretends not to believe these charges against Shrewsbury, Russell, Marlborough, G.o.dolphin. And yet he knows,"--and Monmouth confirmed the a.s.sertion by a tremendous oath,--"he knows that every word of the charges is true."

The papers written by Monmouth were delivered by Lady Mary to her husband. If the advice which they contained had been followed, there can be little doubt that the object of the adviser would have been attained.

The King would have been bitterly mortified; there would have been a general panic among public men of every party; even Marlborough's serene fort.i.tude would have been severely tried; and Shrewsbury would probably have shot himself. But that Fenwick would have put himself in a better situation is by no means clear. Such was his own opinion. He saw that the step which he was urged to take was hazardous. He knew that he was urged to take that step, not because it was likely to save himself, but because it was certain to annoy others; and he was resolved not to be Monmouth's tool.

On the first of December the bill went through the earliest stage without a division. Then Fenwick's confession, which had, by the royal command, been laid on the table, was read; and then Marlborough stood up. "n.o.body can wonder," he said, "that a man whose head is in danger should try to save himself by accusing others. I a.s.sure Your Lordships that, since the accession of his present Majesty, I have had no intercourse with Sir John on any subject whatever; and this I declare on my word of honour." [763] Marlborough's a.s.sertion may have been true; but it was perfectly compatible with the truth of all that Fenwick had said. G.o.dolphin went further. "I certainly did," he said, "continue to the last in the service of King James and of his Queen. I was esteemed by them both. But I cannot think that a crime. It is possible that they and those who are about them may imagine that I am still attached to their interest. That I cannot help. But it is utterly false that I have had any such dealings with the Court of Saint Germains as are described in the paper which Your Lordships have heard read." [764]

Fenwick was then brought in, and asked whether he had any further confession to make. Several peers interrogated him, but to no purpose.

Monmouth, who could not believe that the papers which he had sent to Newgate had produced no effect, put, in a friendly and encouraging manner, several questions intended to bring out answers which would have been by no means agreeable to the accused Lords. No such answer however was to be extracted from Fenwick. Monmouth saw that his ingenious machinations had failed. Enraged and disappointed, he suddenly turned round, and became more zealous for the bill than any other peer in the House. Every body noticed the rapid change in his temper and manner; but that change was at first imputed merely to his well known levity.

On the eighth of December the bill was again taken into consideration; and on that day Fenwick, accompanied by his counsel, was in attendance.

But, before he was called in, a previous question was raised. Several distinguished Tories, particularly Nottingham, Rochester, Normanby and Leeds, said that, in their opinion, it was idle to inquire whether the prisoner was guilty or not guilty, unless the House was of opinion that he was a person so formidable that, if guilty, he ought to be attainted by Act of Parliament. They did not wish, they said, to hear any evidence. For, even on the supposition that the evidence left no doubt of his criminality, they should still think it better to leave him unpunished than to make a law for punishing him. The general sense, however, was decidedly for proceeding. [765] The prisoner and his counsel were allowed another week to prepare themselves; and, at length, on the fifteenth of December, the struggle commenced in earnest.

The debates were the longest and the hottest, the divisions were the largest, the protests were the most numerously signed that had ever been known in the whole history of the House of Peers. Repeatedly the benches continued to be filled from ten in the morning till past midnight. [766]

The health of many lords suffered severely; for the winter was bitterly cold; but the majority was not disposed to be indulgent. One evening Devonshire was unwell; he stole away and went to bed; but Black Rod was soon sent to bring him back. Leeds, whose const.i.tution was extremely infirm, complained loudly. "It is very well," he said, "for young gentlemen to sit down to their suppers and their wine at two o'clock in the morning; but some of us old men are likely to be of as much use here as they; and we shall soon be in our graves if we are forced to keep such hours at such a season." [767] So strongly was party spirit excited that this appeal was disregarded, and the House continued to sit fourteen or fifteen hours a day. The chief opponents of the bill were Rochester, Nottingham, Normanby and Leeds. The chief orators on the other side were Tankerville, who, in spite of the deep stains which a life singularly unfortunate had left on his public and private character, always spoke with an eloquence which riveted the attention of his hearers; Burnet, who made a great display of historical learning; Wharton, whose lively and familiar style of speaking, acquired in the House of Commons, sometimes shocked the formality of the Lords; and Monmouth, who had always carried the liberty of debate to the verge of licentiousness, and who now never opened his lips without inflicting a wound on the feelings of some adversary. A very few n.o.bles of great weight, Devonshire, Dorset, Pembroke and Ormond, formed a third party.

They were willing to use the Bill of Attainder as an instrument of torture for the purpose of wringing a full confession out of the prisoner. But they were determined not to give a final vote for sending him to the scaffold.

The first division was on the question whether secondary evidence of what Goodman could have proved should be admitted. On this occasion Burnet closed the debate by a powerful speech which none of the Tory orators could undertake to answer without premeditation. A hundred and twenty-six lords were present, a number unprecedented in our history.

There were seventy-three Contents, and fifty-three Not Contents.

Thirty-six of the minority protested against the decision of the House.

[768]

The next great trial of strength was on the question whether the bill should be read a second time. The debate was diversified by a curious episode. Monmouth, in a vehement declamation, threw some severe and well merited reflections on the memory of the late Lord Jeffreys. The t.i.tle and part of the ill gotten wealth of Jeffreys had descended to his son, a dissolute lad, who had lately come of age, and who was then sitting in the House. The young man fired at hearing his father reviled. The House was forced to interfere, and to make both the disputants promise that the matter should go no further. On this day a hundred and twenty-eight peers were present. The second reading was carried by seventy-three to fifty-five; and forty-nine of the fifty-five protested. [769]

It was now thought by many that Fenwick's courage would give way. It was known that he was very unwilling to die. Hitherto he might have flattered himself with hopes that the bill would miscarry. But now that it had pa.s.sed one House, and seemed certain to pa.s.s the other, it was probable that he would save himself by disclosing all that he knew. He was again put to the bar and interrogated. He refused to answer, on the ground that his answers might be used against him by the Crown at the Old Bailey. He was a.s.sured that the House would protect him; but he pretended that this a.s.surance was not sufficient; the House was not always sitting; he might be brought to trial during a recess, and hanged before their Lordships met again. The royal word alone, he said, would be a complete guarantee. The Peers ordered him to be removed, and immediately resolved that Wharton should go to Kensington, and should entreat His Majesty to give the pledge which the prisoner required.

Wharton hastened to Kensington, and hastened back with a gracious answer. Fenwick was again placed at the bar. The royal word, he was told, had been pa.s.sed that nothing which he might say there should be used against him in any other place. Still he made difficulties. He might confess all that he knew, and yet might be told that he was still keeping something back. In short, he would say nothing till he had a pardon. He was then, for the last time, solemnly cautioned from the Woolsack. He was a.s.sured that, if he would deal ingenuously with the Lords, they would be intercessors for him at the foot of the throne, and that their intercession would not be unsuccessful. If he continued obstinate, they would proceed with the bill. A short interval was allowed him for consideration; and he was then required to give his final answer. "I have given it," he said; "I have no security. If I had, I should be glad to satisfy the House." He was then carried back to his cell; and the Peers separated, having sate far into the night. [770]

At noon they met again. The third reading was moved. Tenison spoke for the bill with more ability than was expected from him, and Monmouth with as much sharpness as in the previous debates. But Devonshire declared that he could go no further. He had hoped that fear would induce Fenwick to make a frank confession; that hope was at an end; the question now was simply whether this man should be put to death by an Act of Parliament; and to that question Devonshire said that he must answer, "Not Content." It is not easy to understand on what principle he can have thought himself justified in threatening to do what he did not think himself justified in doing. He was, however, followed by Dorset, Ormond, Pembroke, and two or three others. Devonshire, in the name of his little party, and Rochester, in the name of the Tories, offered to waive all objections to the mode of proceeding, if the penalty were reduced from death to perpetual imprisonment. But the majority, though weakened by the defection of some considerable men, was still a majority, and would hear of no terms of compromise. The third reading was carried by only sixty-eight votes to sixty-one. Fifty-three Lords recorded their dissent; and forty-one subscribed a protest, in which the arguments against the bill were ably summed up. [771] The peers whom Fenwick had accused took different sides. Marlborough steadily voted with the majority, and induced Prince George to do the same. G.o.dolphin as steadily voted with the minority, but, with characteristic wariness, abstained from giving any reasons for his votes. No part of his life warrants us in ascribing his conduct to any exalted motive. It is probable that, having been driven from office by the Whigs and forced to take refuge among the Tories, he thought it advisable to go with his party. [772]

As soon as the bill had been read a third time, the attention of the Peers was called to a matter which deeply concerned the honour of their order. Lady Mary Fenwick had been, not unnaturally, moved to the highest resentment by the conduct of Monmouth. He had, after professing a great desire to save her husband, suddenly turned round, and become the most merciless of her husband's persecutors; and all this solely because the unfortunate prisoner would not suffer himself to be used as an instrument for the accomplishing of a wild scheme of mischief. She might be excused for thinking that revenge would be sweet. In her rage she showed to her kinsman the Earl of Carlisle the papers which she had received from the d.u.c.h.ess of Norfolk. Carlisle brought the subject before the Lords. The papers were produced. Lady Mary declared that she had received them from the d.u.c.h.ess. The d.u.c.h.ess declared that she had received them from Monmouth. Elizabeth Lawson confirmed the evidence of her two friends. All the bitter things which the petulant Earl had said about William were repeated. The rage of both the great factions broke forth with ungovernable violence. The Whigs were exasperated by discovering that Monmouth had been secretly labouring to bring to shame and ruin two eminent men with whose reputation the reputation of the whole party was bound up. The Tories accused him of dealing treacherously and cruelly by the prisoner and the prisoner's wife. Both among the Whigs and among the Tories Monmouth had, by his sneers and invectives, made numerous personal enemies, whom fear of his wit and of his sword had hitherto kept in awe. [773] All these enemies were now openmouthed against him. There was great curiosity to know what he would be able to say in his defence. His eloquence, the correspondent of the States General wrote, had often annoyed others. He would now want it all to protect himself. [774] That eloquence indeed was of a kind much better suited to attack than to defence. Monmouth spoke near three hours in a confused and rambling manner, boasted extravagantly of his services and sacrifices, told the House that he had borne a great part in the Revolution, that he had made four voyages to Holland in the evil times, that he had since refused great places, that he had always held lucre in contempt. "I," he said, turning significantly to Nottingham, "have bought no great estate; I have built no palace; I am twenty thousand pounds poorer than when I entered public life. My old hereditary mansion is ready to fall about my ears. Who that remembers what I have done and suffered for His Majesty will believe that I would speak disrespectfully of him?" He solemnly declared,--and this was the most serious of the many serious faults of his long and unquiet life,--that he had nothing to do with the papers which had caused so much scandal. The Papists, he said, hated him; they had laid a scheme to ruin him; his ungrateful kinswoman had consented to be their implement, and had requited the strenuous efforts which he had made in defence of her honour by trying to blast his. When he concluded there was a long silence. He asked whether their Lordships wished him to withdraw. Then Leeds, to whom he had once professed a strong attachment, but whom he had deserted with characteristic inconstancy and a.s.sailed with characteristic petulance, seized the opportunity of revenging himself. "It is quite unnecessary,"

the shrewd old statesman said, "that the n.o.ble Earl should withdraw at present. The question which we have now to decide is merely whether these papers do or do not deserve our censure. Who wrote them is a question which may be considered hereafter." It was then moved and unanimously resolved that the papers were scandalous, and that the author had been guilty of a high crime and misdemeanour. Monmouth himself was, by these dexterous tactics, forced to join in condemning his own compositions. [775] Then the House proceeded to consider the charge against him. The character of his cousin the d.u.c.h.ess did not stand high; but her testimony was confirmed both by direct and by circ.u.mstantial evidence. Her husband said, with sour pleasantry, that he gave entire faith to what she had deposed. "My Lord Monmouth thought her good enough to be wife to me; and, if she is good enough to be wife to me, I am sure that she is good enough to be a witness against him." In a House of near eighty peers only eight or ten seemed inclined to show any favour to Monmouth. He was p.r.o.nounced guilty of the act of which he had, in the most solemn manner, protested that he was innocent; he was sent to the Tower; he was turned out of all his places; and his name was struck out of the Council Book. [776] It might well have been thought that the ruin of his fame and of his fortunes was irreparable. But there was about his nature an elasticity which nothing could subdue. In his prison, indeed, he was as violent as a falcon just caged, and would, if he had been long detained, have died of mere impatience. His only solace was to contrive wild and romantic schemes for extricating himself from his difficulties and avenging himself on his enemies. When he regained his liberty, he stood alone in the world, a dishonoured man, more hated by the Whigs than any Tory, and by the Tories than any Whig, and reduced to such poverty that he talked of retiring to the country, living like a farmer, and putting his Countess into the dairy to churn and to make cheeses. Yet even after this fall, that mounting spirit rose again, and rose higher than ever. When he next appeared before the world, he had inherited the earldom of the head of his family; he had ceased to be called by the tarnished name of Monmouth; and he soon added new l.u.s.tre to the name of Peterborough. He was still all air and fire. His ready wit and his dauntless courage made him formidable; some amiable qualities which contrasted strangely with his vices, and some great exploits of which the effect was heightened by the careless levity with which they were performed, made him popular; and his countrymen were willing to forget that a hero of whose achievements they were proud, and who was not more distinguished by parts and valour than by courtesy and generosity, had stooped to tricks worthy of the pillory.

It is interesting and instructive to compare the fate of Shrewsbury with the fate of Peterborough. The honour of Shrewsbury was safe. He had been triumphantly acquitted of the charges contained in Fenwick's confession.

He was soon afterwards still more triumphantly acquitted of a still more odious charge. A wretched spy named Matthew Smith, who thought that he had not been sufficiently rewarded, and was bent on being revenged, affirmed that Shrewsbury had received early information of the a.s.sa.s.sination Plot, but had suppressed that information, and had taken no measures to prevent the conspirators from accomplishing their design.

That this was a foul calumny no person who has examined the evidence can doubt. The King declared that he could himself prove his minister's innocence; and the Peers, after examining Smith, p.r.o.nounced the accusation unfounded. Shrewsbury was cleared as far as it was in the power of the Crown and of the Parliament to clear him. He had power and wealth, the favour of the King and the favour of the people. No man had a greater number of devoted friends. He was the idol of the Whigs; yet he was not personally disliked by the Tories. It should seem that his situation was one which Peterborough might well have envied. But happiness and misery are from within. Peterborough had one of those minds of which the deepest wounds heal and leave no scar. Shrewsbury had one of those minds in which the slightest scratch may fester to the death. He had been publicly accused of corresponding with Saint Germains; and, though King, Lords and Commons had p.r.o.nounced him innocent, his conscience told him that he was guilty. The praises which he knew that he had not deserved sounded to him like reproaches. He never regained his lost peace of mind. He left office; but one cruel recollection accompanied him into retirement. He left England; but one cruel recollection pursued him over the Alps and the Apennines. On a memorable day, indeed, big with the fate of his country, he again, after many inactive and inglorious years, stood forth the Shrewsbury of 1688.

Scarcely any thing in history is more melancholy than that late and solitary gleam, lighting up the close of a life which had dawned so splendidly, and which had so early become hopelessly troubled and gloomy.

On the day on which the Lords pa.s.sed the Bill of Attainder, they adjourned over the Christmas holidays. The fate of Fenwick consequently remained during more than a fortnight in suspense. In the interval plans of escape were formed; and it was thought necessary to place a strong military guard round Newgate. [777] Some Jacobites knew William so little as to send him anonymous letters, threatening that he should be shot or stabbed if he dared to touch a hair of the prisoner's head.

[778] On the morning of the eleventh of January he pa.s.sed the bill. He at the same time pa.s.sed a bill which authorised the government to detain Bernardi and some other conspirators in custody during twelve months.

On the evening of that day a deeply mournful event was the talk of all London. The Countess of Aylesbury had watched with intense anxiety the proceedings against Sir John. Her lord had been as deep as Sir John in treason, was, like Sir John, in confinement, and had, like Sir John, been a party to Goodman's flight. She had learned with dismay that there was a method by which a criminal who was beyond the reach of the ordinary law might be punished. Her terror had increased at every stage in the progress of the Bill of Attainder. On the day on which the royal a.s.sent was to be given, her agitation became greater than her frame could support. When she heard the sound of the guns which announced that the King was on his way to Westminster, she fell into fits, and died in a few hours. [779]

Even after the bill had become law, strenuous efforts were made to save Fenwick. His wife threw herself at William's feet, and offered him a pet.i.tion. He took the pet.i.tion, and said, very gently, that it should be considered, but that the matter was one of public concern, and that he must deliberate with his ministers before he decided. [780] She then addressed herself to the Lords. She told them that her husband had not expected his doom, that he had not had time to prepare himself for death, that he had not, during his long imprisonment, seen a divine.

They were easily induced to request that he might be respited for a week. A respite was granted; but, forty-eight hours before it expired, Lady Mary presented to the Lords another pet.i.tion, imploring them to intercede with the King that her husband's punishment might be commuted to banishment. The House was taken by surprise; and a motion to adjourn was with difficulty carried by two votes. [781] On the morrow, the last day of Fenwick's life, a similar pet.i.tion was presented to the Commons.

But the Whig leaders were on their guard; the attendance was full; and a motion for reading the Orders of the Day was carried by a hundred and fifty-two to a hundred and seven. [782] In truth, neither branch of the legislature could, without condemning itself, request William to spare Fenwick's life. Jurymen, who have, in the discharge of a painful duty, p.r.o.nounced a culprit guilty, may, with perfect consistency, recommend him to the favourable consideration of the Crown. But the Houses ought not to have pa.s.sed the Bill of Attainder unless they were convinced, not merely that Sir John had committed high treason, but also that he could not, without serious danger to the Commonwealth, be suffered to live. He could not be at once a proper object of such a bill and a proper object of the royal mercy.

On the twenty-eighth of January the execution took place. In compliment to the n.o.ble families with which Fenwick was connected, orders were given that the ceremonial should be in all respects the same as when a peer of the realm suffers death. A scaffold was erected on Tower Hill and hung with black. The prisoner was brought from Newgate in the coach of his kinsman the Earl of Carlisle, which was surrounded by a troop of the Life Guards. Though the day was cold and stormy, the crowd of spectators was immense; but there was no disturbance, and no sign that the mult.i.tude sympathized with the criminal. He behaved with a firmness which had not been expected from him. He ascended the scaffold with steady steps, and bowed courteously to the persons who were a.s.sembled on it, but spoke to none, except White, the deprived Bishop of Peterborough. White prayed with him during about half an hour. In the prayer the King was commended to the Divine protection; but no name which could give offence was p.r.o.nounced. Fenwick then delivered a sealed paper to the Sheriffs, took leave of the Bishop, knelt down, laid his neck on the block, and exclaimed, "Lord Jesus, receive my soul." His head was severed from his body at a single blow. His remains were placed in a rich coffin, and buried that night, by torchlight, under the pavement of Saint Martin's Church. No person has, since that day, suffered death in England by Act of Attainder. [783]

Meanwhile an important question, about which public feeling was much excited, had been under discussion. As soon as the Parliament met, a Bill for Regulating Elections, differing little in substance from the bill which the King had refused to pa.s.s in the preceding session, was brought into the House of Commons, was eagerly welcomed by the country gentlemen, and was pushed through every stage. On the report it was moved that five thousand pounds in personal estate should be a sufficient qualification for the representative of a city or borough.

But this amendment was rejected. On the third reading a rider was added, which permitted a merchant possessed of five thousand pounds to represent the town in which he resided; but it was provided that no person should be considered as a merchant because he was a proprietor of Bank Stock or East India Stock. The fight was hard. Cowper distinguished himself among the opponents of the bill. His sarcastic remarks on the hunting, hawking boors, who wished to keep in their own hands the whole business of legislation, called forth some sharp rustic retorts. A plain squire, he was told, was as likely to serve the country well as the most fluent gownsman, who was ready, for a guinea, to prove that black was white. On the question whether the bill should pa.s.s, the Ayes were two hundred, the Noes a hundred and sixty. [784]

The Lords had, twelve months before, readily agreed to a similar bill; but they had since reconsidered the subject and changed their opinion.

The truth is that, if a law requiring every member of the House of Commons to possess an estate of some hundreds of pounds a year in land could have been strictly enforced, such a law would have been very advantageous to country gentlemen of moderate property, but would have been by no means advantageous to the grandees of the realm. A lord of a small manor would have stood for the town in the neighbourhood of which his family had resided during centuries, without any apprehension that he should be opposed by some alderman of London, whom the electors had never seen before the day of nomination, and whose chief t.i.tle to their favour was a pocketbook full of bank notes. But a great n.o.bleman, who had an estate of fifteen or twenty thousand pounds a year, and who commanded two or three boroughs, would no longer be able to put his younger son, his younger brother, his man of business, into Parliament, or to earn a garter or a step in the peerage by finding a seat for a Lord of the Treasury or an Attorney General. On this occasion therefore the interest of the chiefs of the aristocracy, Norfolk and Somerset, Newcastle and Bedford, Pembroke and Dorset, coincided with that of the wealthy traders of the City and of the clever young aspirants of the Temple, and was diametrically opposed to the interest of a squire of a thousand or twelve hundred a year. On the day fixed for the second reading the attendance of lords was great. Several pet.i.tions from const.i.tuent bodies, which thought it hard that a new restriction should be imposed on the exercise of the elective franchise, were presented and read. After a debate of some hours the bill was rejected by sixty-two votes to thirty-seven. [785] Only three days later, a strong party in the Commons, burning with resentment, proposed to tack the bill which the Peers had just rejected to the Land Tax Bill. This motion would probably have been carried, had not Foley gone somewhat beyond the duties of his place, and, under pretence of speaking to order, shown that such a tack would be without a precedent in parliamentary history.

When the question was put, the Ayes raised so loud a cry that it was believed that they were the majority; but on a division they proved to be only a hundred and thirty-five. The Noes were a hundred and sixty-three. [786]

Other parliamentary proceedings of this session deserve mention. While the Commons were busily engaged in the great work of restoring the finances, an incident took place which seemed, during a short time, likely to be fatal to the infant liberty of the press, but which eventually proved the means of confirming that liberty. Among the many newspapers which had been established since the expiration of the censorship, was one called the Flying Post. The editor, John Salisbury, was the tool of a band of stockjobbers in the City, whose interest it happened to be to cry down the public securities. He one day published a false and malicious paragraph, evidently intended to throw suspicion on the Exchequer Bills. On the credit of the Exchequer Bills depended, at that moment, the political greatness and the commercial prosperity of the realm. The House of Commons was in a flame. The Speaker issued his warrant against Salisbury. It was resolved without a division that a bill should be brought in to prohibit the publishing of news without a license. Forty-eight hours later the bill was presented and read. But the members had now had time to cool. There was scarcely one of them whose residence in the country had not, during the preceding summer, been made more agreeable by the London journals. Meagre as those journals may seem to a person who has the Times daily on his breakfast table, they were to that generation a new and abundant source of pleasure. No Devonshire or Yorkshire gentleman, Whig or Tory, could bear the thought of being again dependent, during seven months of every year, for all information about what was doing in the world, on newsletters.

If the bill pa.s.sed, the sheets, which were now so impatiently expected twice a week at every country seat in the kingdom, would contain nothing but what it suited the Secretary of State to make public; they would be, in fact, so many London Gazettes; and the most a.s.siduous reader of the London Gazette might be utterly ignorant of the most important events of his time. A few voices, however, were raised in favour of a censorship.

"These papers," it was said, "frequently contain mischievous matter." "Then why are they not prosecuted?" was the answer. "Has the Attorney-General filed an information against any one of them? And is it not absurd to ask us to give a new remedy by statute, when the old remedy afforded by the common law has never been tried?" On the question whether the bill should be read a second time, the Ayes were only sixteen, the Noes two hundred. [787]

Another bill, which fared better, ought to be noticed as an instance of the slow, but steady progress of civilisation. The ancient immunities enjoyed by some districts of the capital, of which the largest and the most infamous was Whitefriars, had produced abuses which could no longer be endured. The Templars on one side of Alsatia, and the citizens on the other, had long been calling on the government and the legislature to put down so monstrous a nuisance. Yet still, bounded on the west by the great school of English jurisprudence, and on the east by the great mart of English trade, stood this labyrinth of squalid, tottering houses, close packed, every one, from cellar to c.o.c.kloft, with outcasts whose life was one long war with society. The best part of the population consisted of debtors who were in fear of bailiffs. The rest were attorneys struck off the roll, witnesses who carried straw in their shoes as a sign to inform the public where a false oath might be procured for half a crown, sharpers, receivers of stolen goods, clippers of coin, forgers of bank notes, and tawdry women, blooming with paint and brandy, who, in their anger, made free use of their nails and their scissors, yet whose anger was less to be dreaded than their kindness.

With these wretches the narrow alleys of the sanctuary swarmed. The rattling of dice, the call for more punch and more wine, and the noise of blasphemy and ribald song never ceased during the whole night. The benchers of the Inner Temple could bear the scandal and the annoyance no longer. They ordered the gate leading into Whitefriars to be bricked up.

The Alsatians mustered in great force, attacked the workmen, killed one of them, pulled down the wall, knocked down the Sheriff who came to keep the peace, and carried off his gold chain, which, no doubt, was soon in the melting pot. The riot was not suppressed till a company of the Foot Guards arrived. This outrage excited general indignation. The City, indignant at the outrage offered to the Sheriff, cried loudly for justice. Yet, so difficult was it to execute any process in the dens of Whitefriars, that near two years elapsed before a single ringleader was apprehended. [788]

The Savoy was another place of the same kind, smaller indeed, and less renowned, but inhabited by a not less lawless population. An unfortunate tailor, who ventured to go thither for the purpose of demanding payment of a debt, was set upon by the whole mob of cheats, ruffians and courtesans. He offered to give a full discharge to his debtor and a treat to the rabble, but in vain. He had violated their franchises; and this crime was not to be pardoned. He was knocked down, stripped, tarred, feathered. A rope was tied round his waist. He was dragged naked up and down the streets amidst yells of "A bailiff! A bailiff!" Finally he was compelled to kneel down and to curse his father and mother.

Having performed this ceremony he was permitted,--and the permission was blamed by many of the Savoyards,--to limp home without a rag upon him.

[789] The Bog of Allen, the pa.s.ses of the Grampians, were not more unsafe than this small knot of lanes, surrounded by the mansions of the greatest n.o.bles of a flourishing and enlightened kingdom.

At length, in 1697, a bill for abolishing the franchises of these places pa.s.sed both Houses, and received the royal a.s.sent. The Alsatians and Savoyards were furious. Anonymous letters, containing menaces of a.s.sa.s.sination, were received by members of Parliament who had made themselves conspicuous by the zeal with which they had supported the bill; but such threats only strengthened the general conviction that it was high time to destroy these nests of knaves and ruffians. A fortnight's grace was allowed; and it was made known that, when that time had expired, the vermin who had been the curse of London would be unearthed and hunted without mercy. There was a tumultuous flight to Ireland, to France, to the Colonies, to vaults and garrets in less notorious parts of the capital; and when, on the prescribed day, the Sheriff's officers ventured to cross the boundary, they found those streets where, a few weeks before, the cry of "A writ!" would have drawn together a thousand raging bullies and vixens, as quiet as the cloister of a cathedral. [790]

On the sixteenth of April, the King closed the session with a speech, in which he returned warm and well merited thanks to the Houses for the firmness and wisdom which had rescued the nation from commercial and financial difficulties unprecedented in our history. Before he set out for the Continent, he conferred some new honours, and made some new ministerial arrangements. Every member of the Whig junto was distinguished by some conspicuous mark of royal favour. Somers delivered up the seal, of which he was Keeper; he received it back again with the higher t.i.tle of Chancellor, and was immediately commanded to affix it to a patent, by which he was created Baron Somers of Evesham. [791] Russell became Earl of Orford and Viscount Barfleur. No English t.i.tle had ever before been taken from a place of battle lying within a foreign territory. But the precedent then set has been repeatedly followed; and the names of Saint Vincent, Trafalgar, Camperdown, and Douro are now borne by the successors of great commanders. Russell seems to have accepted his earldom, after his fashion, not only without grat.i.tude, but grumblingly, and as if some great wrong had been done him. What was a coronet to him? He had no child to inherit it. The only distinction which he should have prized was the garter; and the garter had been given to Portland. Of course, such things were for the Dutch; and it was strange presumption in an Englishman, though he might have won a victory which had saved the State, to expect that his pretensions would be considered till all the Mynheers about the palace had been served. [792]

Wharton, still retaining his place of Comptroller of the Household, obtained the lucrative office of Chief Justice in Eyre, South of Trent; and his brother, G.o.dwin Wharton, was made a Lord of the Admiralty. [793]

Though the resignation of G.o.dolphin had been accepted in October, no new commission of Treasury was issued till after the prorogation. Who should be First Commissioner was a question long and fiercely disputed. For Montague's faults had made him many enemies, and his merits many more, Dull formalists sneered at him as a wit and poet, who, no doubt, showed quick parts in debate, but who had already been raised far higher than his services merited or than his brain would bear. It would be absurd to place such a young c.o.xcomb, merely because he could talk fluently and cleverly, in an office on which the wellbeing of the kingdom depended.