At the same time some notorious malecontents were arrested, and were detained for a time on suspicion. Old Roger Lestrange, now in his eightieth year, was taken up. Ferguson was found hidden under a bed in Gray's Inn Lane, and was, to the general joy, locked up in Newgate. [675] Meanwhile a special commission was issued for the trial of the traitors. There was no want of evidence. For, of the conspirators who had been seized, ten or twelve were ready to save themselves by bearing witness against their associates. None had been deeper in guilt, and none shrank with more abject terror from death, than Porter. The government consented to spare him, and thus obtained, not only his evidence, but the much more respectable evidence of Pendergrass. Pendergrass was in no danger; he had committed no offence; his character was fair; and his testimony would have far greater weight with a jury than the testimony of a crowd of approvers swearing for their necks. But he had the royal word of honour that he should not be a witness without his own consent; and he was fully determined not to be a witness unless he were assured of Porter's safety. Porter was now safe; and Pendergrass had no longer any scruple about relating the whole truth.

Charnock, King and Keyes were set first to the bar. The Chiefs of the three Courts of Common Law and several other judges were on the bench; and among the audience were many members of both Houses of Parliament.

It was the eleventh of March. The new Act which regulated the procedure in cases of high treason was not to come into force till the twenty-fifth. The culprits urged that, as the Legislature had, by passing that Act, recognised the justice of allowing them to see their indictment, and to avail themselves of the assistance of an advocate, the tribunal ought either to grant them what the highest authority had declared to be a reasonable indulgence, or to defer the trial for a fortnight. The judges, however, would consent to no delay. They have therefore been accused by later writers of using the mere letter of the law in order to destroy men who, if that law had been construed according to its spirit, might have had some chance of escape. This accusation is unjust. The judges undoubtedly carried the real intention of the Legislature into effect; and, for whatever injustice was committed, the Legislature, and not the judges, ought to be held accountable. The words, "twenty-fifth of March," had not slipped into the Act by mere inadvertence. All parties in Parliament had long been agreed as to the principle of the new regulations. The only matter about which there was any dispute was the time at which those regulations should take effect. After debates extending through several sessions, after repeated divisions with various results, a compromise had been made; and it was surely not for the Courts to alter the terms of that compromise. It may indeed be confidently affirmed that, if the Houses had foreseen the Assassination Plot, they would have fixed, not an earlier, but a later day for the commencement of the new system. Undoubtedly the Parliament, and especially the Whig party, deserved serious blame. For, if the old rules of procedure gave no unfair advantage to the Crown, there was no reason for altering them; and if, as was generally admitted, they did give an unfair advantage to the Crown, and that against a defendant on trial for his life, they ought not to have been suffered to continue in force a single day. But no blame is due to the tribunals for not acting in direct opposition both to the letter and to the spirit of the law.

The government might indeed have postponed the trials till the new Act came into force; and it would have been wise, as well as right, to do so; for the prisoners would have gained nothing by the delay. The case against them was one on which all the ingenuity of the Inns of Court could have made no impression. Porter, Pendergrass, De la Rue and others gave evidence which admitted of no answer. Charnock said the very little that he had to say with readiness and presence of mind. The jury found all the defendants guilty. It is not much to the honour of that age that the announcement of the verdict was received with loud huzzas by the crowd which surrounded the Courthouse. Those huzzas were renewed when the three unhappy men, having heard their doom, were brought forth under a guard. [676]

Charnock had hitherto shown no sign of flinching; but when he was again in his cell his fortitude gave way. He begged hard for mercy. He would be content, he said, to pass the rest of his days in an easy confinement. He asked only for his life. In return for his life, he promised to discover all that he knew of the schemes of the Jacobites against the government. If it should appear that he prevaricated or that he suppressed any thing, he was willing to undergo the utmost rigour of the law. This offer produced much excitement, and some difference of opinion, among the councillors of William. But the King decided, as in such cases he seldom failed to decide, wisely and magnanimously. He saw that the discovery of the Assassination Plot had changed the whole posture of affairs. His throne, lately tottering, was fixed on an immovable basis. His popularity had risen impetuously to as great a height as when he was on his march from Torbay to London. Many who had been out of humour with his administration, and who had, in their spleen, held some communication with Saint Germains, were shocked to find that they had been, in some sense, leagued with murderers. He would not drive such persons to despair. He would not even put them to the blush. Not only should they not be punished; they should not undergo the humiliation of being pardoned. He would not know that they had offended. Charnock was left to his fate. [677] When he found that he had no chance of being received as a deserter, he assumed the dignity of a martyr, and played his part resolutely to the close. That he might bid farewell to the world with a better grace, he ordered a fine new coat to be hanged in, and was very particular on his last day about the powdering and curling of his wig. [678] Just before he was turned off, he delivered to the Sheriffs a paper in which he avowed that he had conspired against the life of the Prince of Orange, but solemnly denied that James had given any commission authorising assassination. The denial was doubtless literally correct; but Charnock did not deny, and assuredly could not with truth have denied, that he had seen a commission written and signed by James, and containing words which might without any violence be construed, and which were, by all to whom they were shown, actually construed, to authorise the murderous ambuscade of Turnham Green.

Indeed Charnock, in another paper, which is still in existence, but has never been printed, held very different language. He plainly said that, for reasons too obvious to be mentioned, he could not tell the whole truth in the paper which he had delivered to the Sheriffs. He acknowledged that the plot in which he had been engaged seemed, even to many loyal subjects, highly criminal. They called him assassin and murderer. Yet what had he done more than had been done by Mucius Scaevola? Nay, what had he done more than had been done by every body who bore arms against the Prince of Orange? If an array of twenty thousand men had suddenly landed in England and surprised the usurper, this would have been called legitimate war. Did the difference between war and assassination depend merely on the number of persons engaged? What then was the smallest number which could lawfully surprise an enemy? Was it five thousand, or a thousand, or a hundred? Jonathan and his armourbearer were only two. Yet they made a great slaughter of the Philistines. Was that assassination? It cannot, said Charnock, be the mere act, it must be the cause, that makes killing assassination. It followed that it was not assassination to kill one,—and here the dying man gave a loose to all his hatred,—who had declared a war of extermination against loyal subjects, who hung, drew and quartered every man who stood up for the right, and who had laid waste England to enrich the Dutch. Charnock admitted that his enterprise would have been unjustifiable if it had not been authorised by James; but he maintained that it had been authorised, not indeed expressly, but by implication. His Majesty had indeed formerly prohibited similar attempts; but had prohibited them, not as in themselves criminal, but merely as inexpedient at this or that conjuncture of affairs. Circumstances had changed. The prohibition might therefore reasonably be considered as withdrawn. His Majesty's faithful subjects had then only to look to the words of his commission; and those words, beyond all doubt, fully warranted an attack on the person of the usurper. [679]

King and Keyes suffered with Charnock. King behaved with firmness and decency. He acknowledged his crime, and said that he repented of it. He thought it due to the Church of which he was a member, and on which his conduct had brought reproach, to declare that he had been misled, not by any casuistry about tyrannicide, but merely by the violence of his own evil passions. Poor Keyes was in an agony of terror. His tears and lamentations moved the pity of some of the spectators. It was said at the time, and it has often since been repeated, that a servant drawn into crime by a master was a proper object of royal clemency. But those who have blamed the severity with which Keyes was treated have altogether omitted to notice the important circumstance which distinguished his case from that of every other conspirator. He had been one of the Blues. He had kept up to the last an intercourse with his old comrades. On the very day fixed for the murder he had contrived to mingle with them and to pick up intelligence from them. The regiment had been so deeply infected with disloyalty that it had been found necessary to confine some men and to dismiss many more. Surely, if any example was to be made, it was proper to make an example of the agent by whose instrumentality the men who meant to shoot the King communicated with the men whose business was to guard him.

Friend was tried next. His crime was not of so black a dye as that of the three conspirators who had just suffered. He had indeed invited foreign enemies to invade the realm, and had made preparations for joining them. But, though he had been privy to the design of assassination, he had not been a party to it. His large fortune however, and the use which he was well known to have made of it, marked him out as a fit object for punishment. He, like Charnock, asked for counsel, and, like Charnock, asked in vain. The judges could not relax the law; and the Attorney General would not postpone the trial. The proceedings of that day furnish a strong argument in favour of the Act from the benefit of which Friend was excluded. It is impossible to read them over at this distance of time without feeling compassion for a silly ill educated man, unnerved by extreme danger, and opposed to cool, astute and experienced antagonists. Charnock had defended himself and those who were tried with him as well as any professional advocate could have done. But poor Friend was as helpless as a child. He could do little more than exclaim that he was a Protestant, and that the witnesses against him were Papists, who had dispensations from their priests for perjury, and who believed that to swear away the lives of heretics was a meritorious work. He was so grossly ignorant of law and history as to imagine that the statute of treasons, passed in the reign of Edward the Third, at a time when there was only one religion in Western Europe, contained a clause providing that no Papist should be a witness, and actually forced the Clerk of the Court to read the whole Act from beginning to end. About his guilt it was impossible that there could be a doubt in any rational mind. He was convicted; and he would have been convicted if he had been allowed the privileges for which he asked.

Parkyns came next. He had been deeply concerned in the worst part of the plot, and was, in one respect, less excusable than any of his accomplices; for they were all nonjurors; and he had taken the oaths to the existing government. He too insisted that he ought to be tried according to the provisions of the new Act. But the counsel for the Crown stood on their extreme right; and his request was denied. As he was a man of considerable abilities, and had been bred to the bar, he probably said for himself all that counsel could have said for him; and that all amounted to very little. He was found guilty, and received sentence of death on the evening of the twenty-fourth of March, within six hours of the time when the law of which he had vainly demanded the benefit was to come into force. [680]

The execution of the two knights was eagerly expected by the population of London. The States General were informed by their correspondent that, of all sights, that in which the English most delighted was a hanging, and that, of all hangings within the memory of the oldest man, that of Friend and Parkyns excited the greatest interest. The multitude had been incensed against Friend by reports touching the exceeding badness of the beer which he brewed. It was even rumoured that he had, in his zeal for the Jacobite cause, poisoned all the casks which he had furnished to the navy. An innumerable crowd accordingly assembled at Tyburn. Scaffolding had been put up which formed an immense amphitheatre round the gallows. On this scaffolding the wealthier spectators stood, row above row; and expectation was at the height when it was announced that the show was deferred. The mob broke up in bad humour, and not without many fights between those who had given money for their places and those who refused to return it. [681]

The cause of this severe disappointment was a resolution suddenly passed by the Commons. A member had proposed that a Committee should be sent to the Tower with authority to examine the prisoners, and to hold out to them the hope that they might, by a full and ingenuous confession, obtain the intercession of the House. The debate appears, from the scanty information which has come down to us, to have been a very curious one. Parties seemed to have changed characters. It might have been expected that the Whigs would have been inexorably severe, and that, if there was any tenderness for the unhappy men, that tenderness would have been found among the Tories. But in truth many of the Whigs hoped that they might, by sparing two criminals who had no power to do mischief, be able to detect and destroy numerous criminals high in rank and office. On the other hand, every man who had ever had any dealings direct or indirect with Saint Germains, or who took an interest in any person likely to have had such dealings, looked forward with dread to the disclosures which the captives might, under the strong terrors of death, be induced to make. Seymour, simply because he had gone further in treason than almost any other member of the House, was louder than any other member of the House in exclaiming against all indulgence to his brother traitors. Would the Commons usurp the most sacred prerogative of the Crown? It was for His Majesty, and not for them, to judge whether lives justly forfeited could be without danger spared. The Whigs however carried their point. A Committee, consisting of all the Privy Councillors in the House, set off instantly for Newgate. Friend and Parkyns were interrogated, but to no purpose. They had, after sentence had been passed on them, shown at first some symptoms of weakness; but their courage had been fortified by the exhortations of nonjuring divines who had been admitted to the prison. The rumour was that Parkyns would have given way but for the entreaties of his daughter, who adjured him to suffer like a man for the good cause. The criminals acknowledged that they had done the acts of which they had been convicted, but, with a resolution which is the more respectable because it seems to have sprung, not from constitutional hardihood, but from sentiments of honour and religion, refused to say any thing which could compromise others. [682]

In a few hours the crowd again assembled at Tyburn; and this time the sightseers were not defrauded of their amusement. They saw indeed one sight which they had not expected, and which produced a greater sensation than the execution itself. Jeremy Collier and two other nonjuring divines of less celebrity, named Cook and Snatt, had attended the prisoners in Newgate, and were in the cart under the gallows. When the prayers were over, and just before the hangman did his office, the three schismatical priests stood up, and laid their hands on the heads of the dying men who continued to kneel. Collier pronounced a form of absolution taken from the service for the Visitation of the Sick, and his brethren exclaimed "Amen!"

This ceremony raised a great outcry; and the outcry became louder when, a few hours after the execution, the papers delivered by the two traitors to the Sheriffs were made public. It had been supposed that Parkyns at least would express some repentance for the crime which had brought him to the gallows. Indeed he had, before the Committee of the Commons, owned that the Assassination Plot could not be justified. But, in his last declaration, he avowed his share in that plot, not only without a word indicating remorse, but with something which resembled exultation. Was this a man to be absolved by Christian divines, absolved before the eyes of tens of thousands, absolved with rites evidently intended to attract public attention, with rites of which there was no trace in the Book of Common Prayer or in the practice of the Church of England?

In journals, pamphlets and broadsides, the insolence of the three Levites, as they were called, was sharply reprehended. Warrants were soon out. Cook and Snatt were taken and imprisoned; but Collier was able to conceal himself, and, by the help of one of the presses which were at the service of his party, sent forth from his hiding place a defence of his conduct. He declared that he abhorred assassination as much as any of those who railed against him; and his general character warrants us in believing that this declaration was perfectly sincere. But the rash act into which he had been hurried by party spirit furnished his adversaries with very plausible reasons for questioning his sincerity. A crowd of answers to his defence appeared. Preeminent among them in importance was a solemn manifesto signed by the two Archbishops and by all the Bishops who were then in London, twelve in number. Even Crewe of Durham and Sprat of Rochester set their names to this document. They condemned the proceedings of the three nonjuring divines, as in form irregular and in substance impious. To remit the sins of impenitent sinners was a profane abuse of the power which Christ had delegated to his ministers. It was not denied that Parkyns had planned an assassination. It was not pretended that he had professed any repentance for planning an assassination. The plain inference was that the divines who absolved him did not think it sinful to assassinate King William. Collier rejoined; but, though a pugnacious controversialist, he on this occasion shrank from close conflict, and made his escape as well as he could under a cloud of quotations from Tertullian, Cyprian and Jerome, Albaspinaeus and Hammond, the Council of Carthage and the Council of Toledo. The public feeling was strongly against the three absolvers. The government however wisely determined not to confer on them the honour of martyrdom. A bill was found against them by the grand jury of Middlesex; but they were not brought to trial. Cook and Snatt were set at liberty after a short detention; and Collier would have been treated with equal lenity if he would have consented to put in bail. But he was determined to do no act which could be construed into a recognition of the usurping government. He was therefore outlawed; and when he died, more than thirty years later, his outlawry had not been reversed. [683]

Parkyns was the last Englishman who was tried for high treason under the old system of procedure. The first who was tried under the new system was Rockwood. He was defended by Sir Bartholomew Shower, who in the preceding reign had made himself unenviably conspicuous as a servile and cruel sycophant, who had obtained from James the Recordership of London when Holt honourably resigned it, and who had, as Recorder, sent soldiers to the gibbet for breaches of military discipline. By his servile cruelty he had earned the nickname of the Manhunter. Shower deserved, if any offender deserved, to be excepted from the Act of Indemnity, and left to the utmost rigour of those laws which he had so shamelessly perverted. But he had been saved by the clemency of William, and had requited that clemency by pertinacious and malignant opposition. [684] It was doubtless on account of Shower's known leaning towards Jacobitism that he was employed on this occasion. He raised some technical objections which the Court overruled. On the merits of the case he could make no defence. The jury returned a verdict of guilty. Cranburne and Lowick were then tried and convicted. They suffered with Rookwood; and there the executions stopped. [685]

The temper of the nation was such that the government might have shed much more blood without incurring the reproach of cruelty. The feeling which had been called forth by the discovery of the plot continued during several weeks to increase day by day. Of that feeling the able men who were at the head of the Whig party made a singularly skilful use. They saw that the public enthusiasm, if left without guidance, would exhaust itself in huzzas, healths and bonfires, but might, if wisely guided, be the means of producing a great and lasting effect. The Association, into which the Commons had entered while the King's speech was still in their ears, furnished the means of combining four fifths of the nation in one vast club for the defence of the order of succession with which were inseparably combined the dearest liberties of the English people, and of establishing a test which would distinguish those who were zealous for that order of succession from those who sullenly and reluctantly acquiesced in it. Of the five hundred and thirty members of the Lower House about four hundred and twenty voluntarily subscribed the instrument which recognised William as rightful and lawful King of England. It was moved in the Upper House that the same form should be adopted; but objections were raised by the Tories. Nottingham, ever conscientious, honourable and narrow minded, declared that he could not assent to the words "rightful and lawful." He still held, as he had held from the first, that a prince who had taken the Crown, not by birthright, but by the gift of the Convention, could not properly be so described. William was doubtless King in fact, and, as King in fact, was entitled to the obedience of Christians. "No man," said Nottingham, "has served or will serve His Majesty more faithfully than I. But to this document I cannot set my hand." Rochester and Normanby held similar language. Monmouth, in a speech of two hours and a half, earnestly exhorted the Lords to agree with the Commons. Burnet was vehement on the same side. Wharton, whose father had lately died, and who was now Lord Wharton, appeared in the foremost rank of the Whig peers. But no man distinguished himself more in the debate than one whose life, both public and private, had been one long series of faults and disasters, the incestuous lover of Henrietta Berkeley, the unfortunate lieutenant of Monmouth. He had recently ceased to be called by the tarnished name of Grey of Wark, and was now Earl of Tankerville. He spoke on that day with great force and eloquence for the words, "rightful and lawful." Leeds, after expressing his regret that a question about a mere phrase should have produced dissension among noble persons who were all equally attached to the reigning Sovereign, undertook the office of mediator. He proposed that their Lordships, instead of recognising William as rightful and lawful King, should declare that William had the right by law to the English Crown, and that no other person had any right whatever to that Crown. Strange to say, almost all the Tory peers were perfectly satisfied with what Leeds had suggested. Among the Whigs there was some unwillingness to consent to a change which, slight as it was, might be thought to indicate a difference of opinion between the two Houses on a subject of grave importance. But Devonshire and Portland declared themselves content; their authority prevailed; and the alteration was made. How a rightful and lawful possessor is to be distinguished from a possessor who has the exclusive right by law is a question which a Whig may, without any painful sense of shame, acknowledge to be beyond the reach of his faculties, and leave to be discussed by High Churchmen. Eighty-three peers immediately affixed their names to the amended form of association; and Rochester was among them. Nottingham, not yet quite satisfied, asked time for consideration. [686]

Beyond the walls of Parliament there was none of this verbal quibbling. The language of the House of Commons was adopted by the whole country. The City of London led the way. Within thirty-six hours after the Association had been published under the direction of the Speaker it was subscribed by the Lord Mayor, by the Aldermen, and by almost all the members of the Common Council. The municipal corporations all over the kingdom followed the example. The spring assizes were just beginning; and at every county town the grand jurors and the justices of the peace put down their names. Soon shopkeepers, artisans, yeomen, farmers, husbandmen, came by thousands to the tables where the parchments were laid out. In Westminster there were thirty-seven thousand associators, in the Tower Hamlets eight thousand, in Southwark eighteen thousand. The rural parts of Surrey furnished seventeen thousand. At Ipswich all the freemen signed except two. At Warwick all the male inhabitants who had attained the age of sixteen signed, except two Papists and two Quakers. At Taunton, where the memory of the Bloody Circuit was fresh, every man who could write gave in his adhesion to the government. All the churches and all the meeting houses in the town were crowded, as they had never been crowded before, with people who came to thank God for having preserved him whom they fondly called William the Deliverer. Of all the counties of England Lancashire was the most Jacobitical. Yet Lancashire furnished fifty thousand signatures. Of all the great towns of England Norwich was the most Jacobitical. The magistrates of that city were supposed to be in the interest of the exiled dynasty. The nonjurors were numerous, and had, just before the discovery of the plot, seemed to be in unusual spirits and ventured to take unusual liberties. One of the chief divines of the schism had preached a sermon there which gave rise to strange suspicions. He had taken for his text the verse in which the Prophet Jeremiah announced that the day of vengeance was come, that the sword would be drunk with blood, that the Lord God of Hosts had a sacrifice in the north country by the river Euphrates. Very soon it was known that, at the time when this discourse was delivered, swords had actually been sharpening, under the direction of Barclay and Parkyns, for a bloody sacrifice on the north bank of the river Thames. The indignation of the common people of Norwich was not to be restrained. They came in multitudes, though discouraged by the municipal authorities, to plight faith to William, rightful and lawful King. In Norfolk the number of signatures amounted to forty-eight thousand, in Suffolk to seventy thousand. Upwards of five hundred rolls went up to London from every part of England. The number of names attached to twenty-seven of those rolls appears from the London Gazette to have been three hundred and fourteen thousand. After making the largest allowance for fraud, it seems certain that the Association included the great majority of the adult male inhabitants of England who were able to sign their names. The tide of popular feeling was so strong that a man who was known not to have signed ran considerable risk of being publicly affronted. In many places nobody appeared without wearing in his hat a red riband on which were embroidered the words, "General Association for King William." Once a party of Jacobites had the courage to parade a street in London with an emblematic device which seemed to indicate their contempt for the new Solemn League and Covenant. They were instantly put to rout by the mob, and their leader was well ducked. The enthusiasm spread to secluded isles, to factories in foreign countries, to remote colonies. The Association was signed by the rude fishermen of the Scilly Rocks, by the English merchants of Malaga, by the English merchants of Genoa, by the citizens of New York, by the tobacco planters of Virginia and by the sugar planters of Barbadoes. [687]

Emboldened by success, the Whig leaders ventured to proceed a step further. They brought into the Lower House a bill for the securing of the King's person and government. By this bill it was provided that whoever, while the war lasted, should come from France into England without the royal license should incur the penalties of treason, that the suspension of the Habeas Corpus Act should continue to the end of the year 1696, and that all functionaries appointed by William should retain their offices, notwithstanding his death, till his successor should be pleased to dismiss them. The form of Association which the House of Commons had adopted was solemnly ratified; and it was provided that no person should sit in that House or should hold any office, civil or military, without signing. The Lords were indulged in the use of their own form; and nothing was said about the clergy.

The Tories, headed by Finch and Seymour, complained bitterly of this new test, and ventured once to divide, but were defeated. Finch seems to have been heard patiently; but, notwithstanding all Seymour's eloquence, the contemptuous manner in which he spoke of the Association raised a storm against which he could not stand. Loud cries of "the Tower, the Tower," were heard. Haughty and imperious as he was, he was forced to explain away his words, and could scarcely, by apologizing in a manner to which he was little accustomed, save himself from the humiliation of being called to the bar and reprimanded on his knees. The bill went up to the Lords, and passed with great speed in spite of the opposition of Rochester and Nottingham. [688]

The nature and extent of the change which the discovery of the Assassination Plot had produced in the temper of the House of Commons and of the nation is strikingly illustrated by the history of a bill entitled a Bill for the further Regulation of Elections of Members of Parliament. The moneyed interest was almost entirely Whig, and was therefore an object of dislike to the Tories. The rapidly growing power of that interest was generally regarded with jealousy by landowners whether they were Whigs or Tories. It was something new and monstrous to see a trader from Lombard Street, who had no tie to the soil of our island, and whose wealth was entirely personal and movable, post down to Devonshire or Sussex with a portmanteau full of guineas, offer himself as candidate for a borough in opposition to a neighbouring gentleman whose ancestors had been regularly returned ever since the Wars of the Roses, and come in at the head of the poll. Yet even this was not the worst. More than one seat in Parliament, it was said, had been bought and sold over a dish of coffee at Garraway's. The purchaser had not been required even to go through the form of showing himself to the electors. Without leaving his counting house in Cheapside, he had been chosen to represent a place which he had never seen. Such things were intolerable. No man, it was said, ought to sit in the English legislature who was not master of some hundreds of acres of English ground. [689] A bill was accordingly brought in which provided that every member of the House of Commons must have a certain estate in land. For a knight of a shire the qualification was fixed at five hundred a year; for a burgess at two hundred a year. Early in February this bill was read a second time and referred to a Select Committee. A motion was made that the Committee should be instructed to add a clause enacting that all elections should be by ballot. Whether this motion proceeded from a Whig or a Tory, by what arguments it was supported and on what grounds it was opposed, we have now no means of discovering. We know only that it was rejected without a division.

Before the bill came back from the Committee, some of the most respectable constituent bodies in the kingdom had raised their voices against the new restriction to which it was proposed to subject them. There had in general been little sympathy between the commercial towns and the Universities. For the commercial towns were the chief seats of Whiggism and Non conformity; and the Universities were zealous for the Crown and the Church. Now, however, Oxford and Cambridge made common cause with London and Bristol. It was hard, said the Academics, that a grave and learned man, sent by a large body of grave and learned men to the Great Council of the nation, should be thought less fit to sit in that Council than a boozing clown who had scarcely literature enough to entitle him to the benefit of clergy. It was hard, said the traders, that a merchant prince, who had been the first magistrate of the first city in the world, whose name on the back of a bill commanded entire confidence at Smyrna and at Genoa, at Hamburg and at Amsterdam, who had at sea ships every one of which was worth a manor, and who had repeatedly, when the liberty and religion of the kingdom were in peril, advanced to the government, at an hour's notice, five or ten thousand pounds, should be supposed to have a less stake in the prosperity of the commonwealth than a squire who sold his own bullocks and hops over a pot of ale at the nearest market town. On the report, it was moved that the Universities should be excepted; but the motion was lost by a hundred and fifty-one votes to a hundred and forty-three. On the third reading it was moved that the City of London should be excepted; but it was not thought advisable to divide. The final question that the bill do pass, was carried by a hundred and seventy-three votes to a hundred and fifty on the day which preceded the discovery of the Assassination Plot. The Lords agreed to the bill without any amendment.

William had to consider whether he would give or withhold his assent. The commercial towns of the kingdom, and among them the City of London, which had always stood firmly by him, and which had extricated him many times from great embarrassments, implored his protection. It was represented to him that the Commons were far indeed from being unanimous on this subject; that, in the last stage, the majority had been only twenty-three in a full House; that the motion to except the Universities had been lost by a majority of only eight. On full consideration he resolved not to pass the bill. Nobody, he said, could accuse him of acting selfishly on this occasion; his prerogative was not concerned in the matter; and he could have no objection to the proposed law except that it would be mischievous to his people.

On the tenth of April 1696, therefore, the Clerk of the Parliament was commanded to inform the Houses that the King would consider of the Bill for the further Regulation of Elections. Some violent Tories in the House of Commons flattered themselves that they might be able to carry a resolution reflecting on the King. They moved that whoever had advised His Majesty to refuse his assent to their bill was an enemy to him and to the nation. Never was a greater blunder committed. The temper of the House was very different from what it had been on the day when the address against Portland's grant had been voted by acclamation. The detection of a murderous conspiracy, the apprehension of a French invasion, had changed every thing. The King was popular. Every day ten or twelve bales of parchment covered with the signatures of associators were laid at his feet. Nothing could be more imprudent than to propose, at such a time, a thinly disguised vote of censure on him. The moderate Tories accordingly separated themselves from their angry and unreasonable brethren. The motion was rejected by two hundred and nineteen votes to seventy; and the House ordered the question and the numbers on both sides to be published, in order that the world might know how completely the attempt to produce a quarrel between the King and the Parliament had failed. [690]

The country gentlemen might perhaps have been more inclined to resent the loss of their bill, had they not been put into high goodhumour by another bill which they considered as even more important. The project of a Land Bank had been revived; not in the form in which it had, two years before, been brought under the consideration of the House of Commons, but in a form much less shocking to common sense and less open to ridicule. Chamberlayne indeed protested loudly against all modifications of his plan, and proclaimed, with undiminished confidence, that he would make all his countrymen rich if they would only let him. He was not, he said, the first great discoverer whom princes and statesmen had regarded as a dreamer. Henry the Seventh had, in an evil hour, refused to listen to Christopher Columbus; the consequence had been that England had lost the mines of Mexico and Peru; yet what were the mines of Mexico and Peru to the riches of a nation blessed with an unlimited paper currency? But the united force of reason and ridicule had reduced the once numerous sect which followed Chamberlayne to a small and select company of incorrigible fools. Few even of the squires now believed in his two great doctrines; the doctrine that the State can, by merely calling a bundle of old rags ten millions sterling, add ten millions sterling to the riches of the nation; and the doctrine that a lease of land for a term of years may be worth many times the fee simple. But it was still the general opinion of the country gentlemen that a bank, of which it should be the special business to advance money on the security of land, might be a great blessing to the nation. Harley and the Speaker Foley now proposed that such a bank should be established by Act of Parliament, and promised that, if their plan was adopted, the King should be amply supplied with money for the next campaign.

The Whig leaders, and especially Montague, saw that the scheme was a delusion, that it must speedily fail, and that, before it failed, it might not improbably ruin their own favourite institution, the Bank of England. But on this point they had against them, not only the whole Tory party, but also their master and many of their followers. The necessities of the State were pressing. The offers of the projectors were tempting. The Bank of England had, in return for its charter, advanced to the State only one million at eight per cent. The Land Bank would advance more than two millions and a half at seven per cent. William, whose chief object was to procure money for the service of the year, was little inclined to find fault with any source from which two millions and a half could be obtained. Sunderland, who generally exerted his influence in favour of the Whig leaders, failed them on this occasion. The Whig country gentlemen were delighted by the prospect of being able to repair their stables, replenish their cellars, and give portions to their daughters. It was impossible to contend against such a combination of force. A bill was passed which authorised the government to borrow two million five hundred and sixty-four thousand pounds at seven per cent. A fund, arising chiefly from a new tax on salt, was set apart for the payment of the interest. If, before the first of August, the subscription for one half of this loan should have been filled, and if one half of the sum subscribed should have been paid into the Exchequer, the subscribers were to become a corporate body, under the name of the National Land Bank. As this bank was expressly intended to accommodate country gentlemen, it was strictly interdicted from lending money on any private security other than a mortgage of land, and was bound to lend on mortgage at least half a million annually. The interest on this half million was not to exceed three and a half per cent., if the payments were quarterly, or four per cent., if the payments were half yearly. At that time the market rate of interest on the best mortgages was full six per cent. The shrewd observers at the Dutch Embassy therefore thought that capitalists would eschew all connection with what must necessarily be a losing concern, and that the subscription would never be half filled up; and it seems strange that any sane person should have thought otherwise. [691]

It was vain however to reason against the general infatuation. The Tories exultingly predicted that the Bank of Robert Harley would completely eclipse the Bank of Charles Montague. The bill passed both Houses. On the twenty-seventh of April it received the royal assent; and the Parliament was immediately afterwards prorogued.



CHAPTER XXII

Military Operations in the Netherlands—Commercial Crisis in England—Financial Crisis—Efforts to restore the Currency—Distress of the People; their Temper and Conduct—Negotiations with France; the Duke of Savoy deserts the Coalition—Search for Jacobite Conspirators in England; Sir John Fenwick—Capture of Fenwick—Fenwick's Confession—Return of William to England—Meeting of Parliament; State of the Country; Speech of William at the Commencement of the Session—Resolutions of the House of Commons—Return of Prosperity—Effect of the Proceedings of the House of Commons on Foreign Governments—Restoration of the Finances—Effects of Fenwick's Confession—Resignation of Godolphin—Feeling of the Whigs about Fenwick—William examines Fenwick—Disappearance of Goodman—Parliamentary Proceedings touching Fenwick's Confession—Bill for attainting Fenwick—Debates of the Commons on the Bill of Attainder—The Bill of Attainder carried up to the Lords—Artifices of Monmouth—Debates of the Lords on the Bill of Attainder—Proceedings against Monmouth—Position and Feelings of Shrewsbury—The Bill of Attainder passed; Attempts to save Fenwick—Fenwick's Execution; Bill for the Regulating of Elections—Bill for the Regulation of the Press—Bill abolishing the Privileges of Whitefriars and the Savoy—Close of the Session; Promotions and Appointments—State of Ireland—State of Scotland—A Session of Parliament at Edinburgh; Act for the Settling of Schools—Case of Thomas Aikenhead—Military Operations in the Netherlands—Terms of Peace offered by France—Conduct of Spain; Conduct of the Emperor—Congress of Ryswick—William opens a distinct Negotiation—Meetings of Portland and Boufflers—Terms of Peace between France and England settled—Difficulties caused by Spain and the Emperor—Attempts of James to prevent a general Pacification—The Treaty of Ryswick signed; Anxiety in England—News of the Peace arrives in England—Dismay of the Jacobites—General Rejoicing—The King's Entry into London—The Thanksgiving Day

ON the seventh of May 1696, William landed in Holland. [692] Thence he proceeded to Flanders, and took the command of the allied forces, which were collected in the neighbourhood of Ghent. Villeroy and Boufflers were already in the field. All Europe waited impatiently for great news from the Netherlands, but waited in vain. No aggressive movement was made. The object of the generals on both sides was to keep their troops from dying of hunger; and it was an object by no means easily attained. The treasuries both of France and England were empty. Lewis had, during the winter, created with great difficulty and expense a gigantic magazine at Givet on the frontier of his kingdom. The buildings were commodious and of vast extent. The quantity of provender laid up in them for horses was immense. The number of rations for men was commonly estimated at from three to four millions. But early in the spring Athlone and Cohorn had, by a bold and dexterous move, surprised Givet, and had utterly destroyed both storehouses and stores. [693] France, already fainting from exhaustion, was in no condition to repair such a loss. Sieges such as those of Mons and Namur were operations too costly for her means. The business of her army now was, not to conquer, but to subsist.

The army of William was reduced to straits not less painful. The material wealth of England, indeed, had not been very seriously impaired by the drain which the war had caused; but she was suffering severely from the defective state of that instrument by which her material wealth was distributed.

Saturday, the second of May, had been fixed by Parliament as the last day on which the clipped crowns, halfcrowns and shillings were to be received by tale in payment of taxes. [694] The Exchequer was besieged from dawn till midnight by an immense multitude. It was necessary to call in the guards for the purpose of keeping order. On the following Monday began a cruel agony of a few months, which was destined to be succeeded by many years of almost unbroken prosperity. [695]

Most of the old silver had vanished. The new silver had scarcely made its appearance. About four millions sterling, in ingots and hammered coin, were lying in the vaults of the Exchequer; and the milled money as yet came forth very slowly from the Mint. [696] Alarmists predicted that the wealthiest and most enlightened kingdom in Europe would be reduced to the state of those barbarous societies in which a mat is bought with a hatchet, and a pair of mocassins with a piece of venison.

There were, indeed, some hammered pieces which had escaped mutilation; and sixpences not clipped within the innermost ring were still current. This old money and the new money together made up a scanty stock of silver, which, with the help of gold, was to carry the nation through the summer. [697] The manufacturers generally contrived, though with extreme difficulty, to pay their workmen in coin. [698] The upper classes seem to have lived to a great extent on credit. Even an opulent man seldom had the means of discharging the weekly bills of his baker and butcher. [699] A promissory note, however, subscribed by such a man, was readily taken in the district where his means and character were well known. The notes of the wealthy moneychangers of Lombard Street circulated widely. [700] The paper of the Bank of England did much service, and would have done more, but for the unhappy error into which the Parliament had recently been led by Harley and Foley. The confidence which the public had felt in that powerful and opulent Company had been shaken by the Act which established the Land Bank. It might well be doubted whether there would be room for the two rival institutions; and of the two, the younger seemed to be the favourite of the government and of the legislature. The stock of the Bank of England had gone rapidly down from a hundred and ten to eighty-three. Meanwhile the goldsmiths, who had from the first been hostile to that great corporation, were plotting against it. They collected its paper from every quarter; and on the fourth of May, when the Exchequer had just swallowed up most of the old money, and when scarcely any of the new money had been issued, they flocked to Grocers' Hall, and insisted on immediate payment. A single goldsmith demanded thirty thousand pounds. The Directors, in this extremity, acted wisely and firmly. They refused to cash the notes which had been thus maliciously presented, and left the holders to seek a remedy in Westminster Hall. Other creditors, who came in good faith to ask for their due, were paid. The conspirators affected to triumph over the powerful body, which they hated and dreaded. The bank which had recently begun to exist under such splendid auspices, which had seemed destined to make a revolution in commerce and in finance, which had been the boast of London and the envy of Amsterdam, was already insolvent, ruined, dishonoured. Wretched pasquinades were published, the Trial of the Land Bank for murdering the Bank of England, the last Will and Testament of the Bank of England, the Epitaph of the Bank of England, the Inquest on the Bank of England. But, in spite of all this clamour and all this wit, the correspondents of the States General reported, that the Bank of England had not really suffered in the public esteem, and that the conduct of the goldsmiths was generally condemned. [701]

The Directors soon found it impossible to procure silver enough to meet every claim which was made on them in good faith. They then bethought them of a new expedient. They made a call of twenty per cent. on the proprietors, and thus raised a sum which enabled them to give every applicant fifteen per cent. in milled money on what was due to him. They returned him his note, after making a minute upon it that part had been paid. [702] A few notes thus marked are still preserved among the archives of the Bank, as memorials of that terrible year. The paper of the Corporation continued to circulate, but the value fluctuated violently from day to day, and indeed from hour to hour; for the public mind was in so excitable a state that the most absurd lie which a stockjobber could invent sufficed to send the price up or down. At one time the discount was only six per cent., at another time twenty-four per cent. A tenpound note, which had been taken in the morning as worth more than nine pounds, was often worth less than eight pounds before night. [703]

Another, and, at that conjuncture, a more effectual substitute for a metallic currency, owed its existence to the ingenuity of Charles Montague. He had succeeded in engrafting on Harley's Land Bank Bill a clause which empowered the government to issue negotiable paper bearing interest at the rate of threepence a day on a hundred pounds. In the midst of the general distress and confusion appeared the first Exchequer Bills, drawn for various amounts from a hundred pounds down to five pounds. These instruments were rapidly distributed over the kingdom by the post, and were every where welcome. The Jacobites talked violently against them in every coffeehouse, and wrote much detestable verse against them, but to little purpose. The success of the plan was such, that the ministers at one time resolved to issue twentyshilling bills, and even fifteenshilling bills, for the payment of the troops. But it does not appear that this resolution was carried into effect. [704]

It is difficult to imagine how, without the Exchequer Bills, the government of the country could have been carried on during that year. Every source of revenue had been affected by the state of the currency; and one source, on which the Parliament had confidently reckoned for the means of defraying more than half the charge of the war, had yielded not a single farthing.

The sum expected from the Land Bank was near two million six hundred thousand pounds. Of this sum one half was to be subscribed, and one quarter paid up by the first of August. The King, just before his departure, had signed a warrant appointing certain commissioners, among whom Harley and Foley were the most eminent, to receive the names of the contributors. [705] A great meeting of persons interested in the scheme was held in the Hall of the Middle Temple. One office was opened at Exeter Change, another at Mercers' Hall. Forty agents went down into the country, and announced to the landed gentry of every shire the approach of the golden age of high rents and low interest. The Council of Regency, in order to set an example to the nation, put down the King's name for five thousand pounds; and the newspapers assured the world that the subscription would speedily be filled. [706] But when three weeks had passed away, it was found that only fifteen hundred pounds had been added to the five thousand contributed by the King. Many wondered at this; yet there was little cause for wonder. The sum which the friends of the project had undertaken to raise was a sum which only the enemies of the project could furnish. The country gentlemen wished well to Harley's scheme; but they wished well to it because they wanted to borrow money on easy terms; and, wanting to borrow money, they of course were not able to lend it. The moneyed class alone could supply what was necessary to the existence of the Land Bank; and the Land Bank was avowedly intended to diminish the profits, to destroy the political influence and to lower the social position of the moneyed class. As the usurers did not choose to take on themselves the expense of putting down usury, the whole plan failed in a manner which, if the aspect of public affairs had been less alarming, would have been exquisitely ludicrous. The day drew near. The neatly ruled pages of the subscription book at Mercers' Hall were still blank. The Commissioners stood aghast. In their distress they applied to the government for indulgence. Many great capitalists, they said, were desirous to subscribe, but stood aloof because the terms were too hard. There ought to be some relaxation. Would the Council of Regency consent to an abatement of three hundred thousand pounds? The finances were in such a state, and the letters in which the King represented his wants were so urgent, that the Council of Regency hesitated. The Commissioners were asked whether they would engage to raise the whole sum, with this abatement. Their answer was unsatisfactory. They did not venture to say that they could command more than eight hundred thousand pounds. The negotiation was, therefore, broken off. The first of August came; and the whole amount contributed by the whole nation to the magnificent undertaking from which so much had been expected was two thousand one hundred pounds. [707]

Just at this conjuncture Portland arrived from the Continent. He had been sent by William with charge to obtain money, at whatever cost and from whatever quarter. The King had strained his private credit in Holland to procure bread for his army. But all was insufficient. He wrote to his Ministers that, unless they could send him a speedy supply, his troops would either rise in mutiny or desert by thousands. He knew, he said, that it would be hazardous to call Parliament together during his absence. But, if no other resource could be devised, that hazard must be run. [708] The Council of Regency, in extreme embarrassment, began to wish that the terms, hard as they were, which had been offered by the Commissioners at Mercers' Hall had been accepted. The negotiation was renewed. Shrewsbury, Godolphin and Portland, as agents for the King, had several conferences with Harley and Foley, who had recently pretended that eight hundred thousand pounds were ready to be subscribed to the Land Bank. The Ministers gave assurances, that, if, at this conjuncture, even half that sum were advanced, those who had done this service to the State should, in the next session, be incorporated as a National Land Bank. Harley and Foley at first promised, with an air of confidence, to raise what was required. But they soon went back from their word; they showed a great inclination to be punctilious and quarrelsome about trifles; at length the eight hundred thousand pounds dwindled to forty thousand; and even the forty thousand could be had only on hard conditions. [709] So ended the great delusion of the Land Bank. The commission expired; and the offices were closed.

And now the Council of Regency, almost in despair, had recourse to the Bank of England. Two hundred thousand pounds was the very smallest sum which would suffice to meet the King's most pressing wants. Would the Bank of England advance that sum? The capitalists who lead the chief sway in that corporation were in bad humour, and not without reason. But fair words, earnest entreaties and large promises were not spared; all the influence of Montague, which was justly great, was exerted; the Directors promised to do their best; but they apprehended that it would be impossible for them to raise the money without making a second call of twenty per cent. on their constituents. It was necessary that the question should be submitted to a General Court; in such a court more than six hundred persons were entitled to vote; and the result might well be doubted. The proprietors were summoned to meet on the fifteenth of August at Grocers' Hall. During the painful interval of suspense, Shrewsbury wrote to his master in language more tragic than is often found in official letters. "If this should not succeed, God knows what can be done. Any thing must be tried and ventured rather than lie down and die." [710] On the fifteenth of August, a great epoch in the history of the Bank, the General Court was held. In the chair sate Sir John Houblon, the Governor, who was also Lord Mayor of London, and, what would in our time be thought strange, a Commissioner of the Admiralty. Sir John, in a speech, every word of which had been written and had been carefully considered by the Directors, explained the case, and implored the assembly to stand by King William. There was at first a little murmuring. "If our notes would do," it was said, "we should be most willing to assist His Majesty; but two hundred thousand pounds in hard money at a time like this." The Governor announced explicitly that nothing but gold or silver would supply the necessities of the army in Flanders. At length the question was put to the vote; and every hand in the Hall was held up for sending the money. The letters from the Dutch Embassy informed the States General that the events of that day had bound the Bank and the government together in close alliance, and that several of the ministers had, immediately after the meeting, purchased stock merely in order to give a pledge of their attachment to the body which had rendered so great a service to the State. [711]

Meanwhile strenuous exertions were making to hasten the recoinage. Since the Restoration the Mint had, like every other public establishment in the kingdom, been a nest of idlers and jobbers. The important office of Warden, worth between six and seven hundred a year, had become a mere sinecure, and had been filled by a succession of fine gentlemen, who were well known at the hazard table of Whitehall, but who never condescended to come near the Tower. This office had just become vacant, and Montague had obtained it for Newton. [712] The ability, the industry and the strict uprightness of the great philosopher speedily produced a complete revolution throughout the department which was under his direction. [713] He devoted himself to his task with an activity which left him no time to spare for those pursuits in which he had surpassed Archimedes and Galileo. Till the great work was completely done, he resisted firmly, and almost angrily, every attempt that was made by men of science, here or on the Continent, to draw him away from his official duties. [714] The old officers of the Mint had thought it a great feat to coin silver to the amount of fifteen thousand pounds in a week. When Montague talked of thirty or forty thousand, these men of form and precedent pronounced the thing impracticable. But the energy of the young Chancellor of the Exchequer and of his friend the Warden accomplished far greater wonders. Soon nineteen mills were going at once in the Tower. As fast as men could be trained to the work in London, bands of them were sent off to other parts of the kingdom. Mints were established at Bristol, York, Exeter, Norwich and Chester. This arrangement was in the highest degree popular. The machinery and the workmen were welcomed to the new stations with the ringing of bells and the firing of guns. The weekly issue increased to sixty thousand pounds, to eighty thousand, to a hundred thousand, and at length to a hundred and twenty thousand. [715] Yet even this issue, though great, not only beyond precedent, but beyond hope, was scanty when compared with the demands of the nation. Nor did all the newly stamped silver pass into circulation; for during the summer and autumn those politicians who were for raising the denomination of the coin were active and clamorous; and it was generally expected that, as soon as the Parliament should reassemble, the standard would be lowered. Of course no person who thought it probable that he should, at a day not far distant, be able to pay a debt of a pound with three crown pieces instead of four, was willing to part with a crown piece, till that day arrived. Most of the milled pieces were therefore hoarded. [716] May, June and July passed away without any perceptible increase in the quantity of good money. It was not till August that the keenest observer could discern the first faint signs of returning prosperity. [717]

The distress of the common people was severe, and was aggravated by the follies of magistrates and by the arts of malecontents. A squire who was one of the quorum would sometimes think it his duty to administer to his neighbours, at this trying conjuncture, what seemed to him to be equity; and as no two of these rural praetors had exactly the same notion of what was equitable, their edicts added confusion to confusion. In one parish people were, in outrageous violation of the law, threatened with the stocks, if they refused to take clipped shillings by tale. In the next parish it was dangerous to pay such shillings except by weight. [718] The enemies of the government, at the same time, laboured indefatigably in their vocation. They harangued in every place of public resort, from the Chocolate House in Saint James's Street to the sanded kitchen of the alehouse on the village green. In verse and prose they incited the suffering multitude to rise up in arms. Of the tracts which they published at this time, the most remarkable was written by a deprived priest named Grascombe, of whose ferocity and scurrility the most respectable nonjurors had long been ashamed. He now did his best to persuade the rabble to tear in pieces those members of Parliament who had voted for the restoration of the currency. [719] It would be too much to say that the malignant industry of this man and of men like him produced no effect on a population which was doubtless severely tried. There were riots in several parts of the country, but riots which were suppressed with little difficulty, and, as far as can be discovered, without the shedding of a drop of blood. [720] In one place a crowd of poor ignorant creatures, excited by some knavish agitator, besieged the house of a Whig member of Parliament, and clamorously insisted on having their short money changed. The gentleman consented, and desired to know how much they had brought. After some delay they were able to produce a single clipped halfcrown. [721] Such tumults as this were at a distance exaggerated into rebellions and massacres. At Paris it was gravely asserted in print that, in an English town which was not named, a soldier and a butcher had quarrelled about a piece of money, that the soldier had killed the butcher, that the butcher's man had snatched up a cleaver and killed the soldier, that a great fight had followed, and that fifty dead bodies had been left on the ground. [722] The truth was, that the behaviour of the great body of the people was beyond all praise. The judges when, in September, they returned from their circuits, reported that the temper of the nation was excellent. [723] There was a patience, a reasonableness, a good nature, a good faith, which nobody had anticipated. Every body felt that nothing but mutual help and mutual forbearance could prevent the dissolution of society. A hard creditor, who sternly demanded payment to the day in milled money, was pointed at in the streets, and was beset by his own creditors with demands which soon brought him to reason. Much uneasiness had been felt about the troops. It was scarcely possible to pay them regularly; if they were not paid regularly, it might well be apprehended that they would supply their wants by rapine; and such rapine it was certain that the nation, altogether unaccustomed to military exaction and oppression, would not tamely endure. But, strange to say, there was, through this trying year, a better understanding than had ever been known between the soldiers and the rest of the community. The gentry, the farmers, the shopkeepers supplied the redcoats with necessaries in a manner so friendly and liberal that there was no brawling and no marauding. "Severely as these difficulties have been felt," L'Hermitage writes, "they have produced one happy effect; they have shown how good the spirit of the country is. No person, however favourable his opinion of the English may have been, could have expected that a time of such suffering would have been a time of such tranquillity." [724]

Men who loved to trace, in the strangely complicated maze of human affairs, the marks of more than human wisdom, were of opinion that, but for the interference of a gracious Providence, the plan so elaborately devised by great statesmen and great philosophers would have failed completely and ignominiously. Often, since the Revolution, the English had been sullen and querulous, unreasonably jealous of the Dutch, and disposed to put the worst construction on every act of the King. Had the fourth of May found our ancestors in such a mood, it can scarcely be doubted that sharp distress, irritating minds already irritable, would have caused an outbreak which must have shaken and might have subverted the throne of William. Happily, at the moment at which the loyalty of the nation was put to the most severe test, the King was more popular than he had ever been since the day on which the Crown was tendered to him in the Banqueting House. The plot which had been laid against his life had excited general disgust and horror. His reserved manners, his foreign attachments were forgotten. He had become an object of personal interest and of personal affection to his people. They were every where coming in crowds to sign the instrument which bound them to defend and to avenge him. They were every where carrying about in their hats the badges of their loyalty to him. They could hardly be restrained from inflicting summary punishment on the few who still dared openly to question his title. Jacobite was now a synonyme for cutthroat. Noted Jacobite laymen had just planned a foul murder. Noted Jacobite priests had, in the face of day, and in the administration of a solemn ordinance of religion, indicated their approbation of that murder. Many honest and pious men, who thought that their allegiance was still due to James, had indignantly relinquished all connection with zealots who seemed to think that a righteous end justified the most unrighteous means. Such was the state of public feeling during the summer and autumn of 1696; and therefore it was that hardships which, in any of the seven preceding years, would certainly have produced a rebellion, and might perhaps have produced a counterrevolution, did not produce a single tumult too serious to be suppressed by the constable's staff.

Nevertheless, the effect of the commercial and financial crisis in England was felt through all the fleets and armies of the coalition. The great source of subsidies was dry. No important military operation could any where be attempted. Meanwhile overtures tending to peace had been made, and a negotiation had been opened. Callieres, one of the ablest of the many able envoys in the service of France, had been sent to the Netherlands, and had held many conferences with Dykvelt. Those conferences might perhaps have come to a speedy and satisfactory close, had not France, at this time, won a great diplomatic victory in another quarter. Lewis had, during seven years, been scheming and labouring in vain to break the great array of potentates whom the dread of his might and of his ambition had brought together and kept together. But, during seven years, all his arts had been baffled by the skill of William; and, when the eighth campaign opened, the confederacy had not been weakened by a single desertion. Soon however it began to be suspected that the Duke of Savoy was secretly treating with the enemy. He solemnly assured Galway, who represented England at the Court of Turin, that there was not the slightest ground for such suspicions, and sent to William letters filled with professions of zeal for the common cause, and with earnest entreaties for more money. This dissimulation continued till a French army, commanded by Catinat, appeared in Piedmont. Then the Duke threw off his disguise, concluded peace with France, joined his troops to those of Catinat, marched into the Milanese, and informed the allies whom he had just abandoned that, unless they wished to have him for an enemy, they must declare Italy neutral ground. The Courts of Vienna and Madrid, in great dismay, submitted to the terms which he dictated. William expostulated and protested in vain. His influence was no longer what it had been. The general opinion of Europe was, that the riches and the credit of England were completely exhausted; and both her confederates and her enemies imagined that they might safely treat her with indignity. Spain, true to her invariable maxim that every thing ought to be done for her and nothing by her, had the effrontery to reproach the Prince to whom she owed it that she had not lost the Netherlands and Catalonia, because he had not sent troops and ships to defend her possessions in Italy. The Imperial ministers formed and executed resolutions gravely affecting the interests of the coalition without consulting him who had been the author and the soul of the coalition. [725] Lewis had, after the failure of the Assassination Plot, made up his mind to the disagreeable necessity of recognising William, and had authorised Callieres to make a declaration to that effect. But the defection of Savoy, the neutrality of Italy, the disunion among the allies, and, above all, the distresses of England, exaggerated as they were in all the letters which the Jacobites of Saint Germains received from the Jacobites of London, produced a change. The tone of Callieres became high and arrogant; he went back from his word, and refused to give any pledge that his master would acknowledge the Prince of Orange as King of Great Britain. The joy was great among the nonjurors. They had always, they said, been certain that the Great Monarch would not be so unmindful of his own glory and of the common interest of Sovereigns as to abandon the cause of his unfortunate guests, and to call an usurper his brother. They knew from the best authority that His Most Christian Majesty had lately, at Fontainebleau, given satisfactory assurances on this subject to King James. Indeed, there is reason to believe that the project of an invasion of our island was again seriously discussed at Versailles. [726] Catinat's army was now at liberty. France, relieved from all apprehension on the side of Savoy, might spare twenty thousand men for a descent on England; and, if the misery and discontent here were such as was generally reported, the nation might be disposed to receive foreign deliverers with open arms.

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.