Though the royal word seemed to be pledged to this unfortunate man, the Commons resolved, by a hundred and nineteen votes to a hundred and twelve, that his property should not be exempted from the general confiscation.
The bill went up to the Peers, but the Peers were not inclined to pa.s.s it without considerable amendments; and such amendments there was not time to make. Numerous heirs at law, reversioners, and creditors implored the Upper House to introduce such provisoes as might secure the innocent against all danger of being involved in the punishment of the guilty. Some pet.i.tioners asked to be heard by counsel. The King had made all his arrangements for a voyage to the Hague; and the day beyond which he could not postpone his departure drew near. The bill was therefore, happily for the honour of English legislation, consigned to that dark repository in which the abortive statutes of many generations sleep a sleep rarely disturbed by the historian or the antiquary, [800]
Another question, which slightly and but slightly discomposed the tranquillity of this short session, arose out of the disastrous and disgraceful battle of Beachy Head. Torrington had, immediately after that battle, been sent to the Tower, and had ever since remained there.
A technical difficulty had arisen about the mode of bringing him to trial. There was no Lord High Admiral; and whether the Commissioners of the Admiralty were competent to execute martial law was a point which to some jurists appeared not perfectly clear. The majority of the judges held that the Commissioners were competent; but, for the purpose of removing all doubt, a bill was brought into the Upper House; and to this bill several Lords offered an opposition which seems to have been most unreasonable. The proposed law, they said, was a retrospective penal law, and therefore objectionable. If they used this argument in good faith, they were ignorant of the very rudiments of the science of legislation. To make a law for punishing that which, at the time when it was done, was not punishable, is contrary to all sound principle. But a law which merely alters the criminal procedure may with perfect propriety be made applicable to past as well as to future offences. It would have been the grossest injustice to give a retrospective operation to the law which made slavetrading felony. But there was not the smallest injustice in enacting that the Central Criminal Court should try felonies committed long before that Court was in being. In Torrington"s case the substantive law continued to be what it had always been. The definition of the crime, the amount of the penalty, remained unaltered. The only change was in the form of procedure; and that change the legislature was perfectly justified in making retrospectively.
It is indeed hardly possible to believe that some of those who opposed the bill were duped by the fallacy of which they condescended to make use. The feeling of caste was strong among the Lords. That one of themselves should be tried for his life by a court composed of plebeians seemed to them a degradation of their whole order. If their n.o.ble brother had offended, articles of impeachment ought to be exhibited against him: Westminster Hall ought to be fitted up: his peers ought to meet in their robes, and to give in their verdict on their honour; a Lord High Steward ought to p.r.o.nounce the sentence and to break the staff. There was an end of privilege if an Earl was to be doomed to death by tarpaulins seated round a table in the cabin of a ship. These feelings had so much influence that the bill pa.s.sed the Upper House by a majority of only two, [801] In the Lower House, where the dignities and immunities of the n.o.bility were regarded with no friendly feeling, there was little difference of opinion. Torrington requested to be heard at the bar, and spoke there at great length, but weakly and confusedly. He boasted of his services, of his sacrifices, and of his wounds. He abused the Dutch, the Board of Admiralty, and the Secretary of State. The bill, however, went through all its stages without a division, [802]
Early in December Torrington was sent under a guard down the river to Sheerness. There the Court Martial met on board of a frigate named the Kent. The investigation lasted three days; and during those days the ferment was great in London. Nothing was heard of on the exchange, in the coffeehouses, nay even at the church doors, but Torrington. Parties ran high; wagers to an immense amount were depending; rumours were hourly arriving by land and water, and every rumour was exaggerated and distorted by the way. From the day on which the news of the ignominious battle arrived, down to the very eve of the trial, public opinion had been very unfavourable to the prisoner. His name, we are told by contemporary pamphleteers, was hardly ever mentioned without a curse.
But, when the crisis of his fate drew nigh, there was, as in our country there often is, a reaction. All his merits, his courage, his good nature, his firm adherence to the Protestant religion in the evil times, were remembered. It was impossible to deny that he was sunk in sloth and luxury, that he neglected the most important business for his pleasures, and that he could not say No to a boon companion or to a mistress; but for these faults excuses and soft names were found. His friends used without scruple all the arts which could raise a national feeling in his favour; and these arts were powerfully a.s.sisted by the intelligence that the hatred which was felt towards him in Holland bad vented itself in indignities to some of his countrymen. The cry was that a bold, jolly, freehanded English gentleman, of whom the worst that could be said was that he liked wine and women, was to be shot in order to gratify the spite of the Dutch. What pa.s.sed at the trial tended to confirm the populace in this notion. Most of the witnesses against the prisoner were Dutch officers. The Dutch real admiral, who took on himself the part of prosecutor, forgot himself so far as to accuse the judges of partiality.
When at length, on the evening of the third day, Torrington was p.r.o.nounced not guilty, many who had recently clamoured for his blood seemed to be well pleased with his acquittal. He returned to London free, and with his sword by his side. As his yacht went up the Thames, every ship which he pa.s.sed saluted him. He took his seat in the House of Lords, and even ventured to present himself at court. But most of the peers looked coldly on him; William would not see him, and ordered him to be dismissed from the service, [803]
There was another subject about which no vote was pa.s.sed by either of the Houses, but about which there is reason to believe that some acrimonious discussion took place in both. The Whigs, though much less violent than in the preceding year, could not patiently see Caermarthen as nearly prime minister as any English subject could be under a prince of William"s character. Though no man had taken a more prominent part in the Revolution than the Lord President, though no man had more to fear from a counterrevolution, his old enemies would not believe that he had from his heart renounced those arbitrary doctrines for which he had once been zealous, or that he could bear true allegiance to a government sprung from resistance. Through the last six months of 1690 he was mercilessly lampooned. Sometimes he was King Thomas and sometimes Tom the Tyrant, [804] William was adjured not to go to the Continent leaving his worst enemy close to the ear of the Queen. Halifax, who had, in the preceding year, been ungenerously and ungratefully persecuted by the Whigs, was now mentioned by them with respect and regret; for he was the enemy of their enemy, [805] The face, the figure, the bodily infirmities of Caermarthen, were ridiculed, [806] Those dealings with the French Court in which, twelve years before, he had, rather by his misfortune than by his fault, been implicated, were represented in the most odious colours. He was reproached with his impeachment and his imprisonment.
Once, it was said, he had escaped; but vengeance might still overtake him, and London might enjoy the long deferred pleasure of seeing the old traitor flung off the ladder in the blue riband which he disgraced.
All the members of his family, wife, son, daughters, were a.s.sailed with savage invective and contemptuous sarcasm, [807] All who were supposed to be closely connected with him by political ties came in for a portion of this abuse; and none had so large a portion as Lowther. The feeling indicated by these satires was strong among the Whigs in Parliament.
Several of them deliberated on a plan of attack, and were in hopes that they should be able to raise such a storm as would make it impossible for him to remain at the head of affairs. It should seem that, at this time, his influence in the royal closet was not quite what it had been. G.o.dolphin, whom he did not love, and could not control, but whose financial skill had been greatly missed during the summer, was brought back to the Treasury, and made First Commissioner. Lowther, who was the Lord President"s own man, still sate at the board, but no longer presided there. It is true that there was not then such a difference as there now is between the First Lord and his colleagues. Still the change was important and significant. Marlborough, whom Caermarthen disliked, was, in military affairs, not less trusted than G.o.dolphin in financial affairs. The seals which Shrewsbury had resigned in the summer had ever since been lying in William"s secret drawer. The Lord President probably expected that he should be consulted before they were given away; but he was disappointed. Sidney was sent for from Ireland; and the seals were delivered to him. The first intimation which the Lord President received of this important appointment was not made in a manner likely to soothe his feelings. "Did you meet the new Secretary of State going out?" said William. "No, Sir," answered the Lord President; "I met n.o.body but my Lord Sidney." "He is the new Secretary," said William. "He will do till I find a fit man; and he will be quite willing to resign as soon as I find a fit man. Any other person that I could put in would think himself ill used if I were to put him out." If William had said all that was in his mind, he would probably have added that Sidney, though not a great orator or statesman, was one of the very few English politicians who could be as entirely trusted as Bentinck or Zulestein. Caermarthen listened with a bitter smile. It was new, he afterwards said, to see a n.o.bleman placed in the Secretary"s office, as a footman was placed in a box at the theatre, merely in order to keep a seat till his betters came. But this jest was a cover for serious mortification and alarm. The situation of the prime minister was unpleasant and even perilous; and the duration of his power would probably have been short, had not fortune, just at this moment, put it in his power to confound his adversaries by rendering a great service to the state, [808]
The Jacobites had seemed in August to be completely crushed. The victory of the Boyne, and the irresistible explosion of patriotic feeling produced by the appearance of Tourville"s fleet on the coast of Devonshire, had cowed the boldest champions of hereditary right. Most of the chief plotters pa.s.sed some weeks in confinement or in concealment.
But, widely as the ramifications of the conspiracy had extended, only one traitor suffered the punishment of his crime. This was a man named G.o.dfrey Cross, who kept an inn on the beach near Rye, and who, when the French fleet was on the coast of Suss.e.x, had given information to Tourville. When it appeared that this solitary example was thought sufficient, when the danger of invasion was over, when the popular enthusiasm excited by that danger had subsided, when the lenity of the government had permitted some conspirators to leave their prisons and had encouraged others to venture out of their hidingplaces, the faction which had been prostrated and stunned began to give signs of returning animation. The old traitors again mustered at the old haunts, exchanged significant looks and eager whispers, and drew from their pockets libels on the Court of Kensington, and letters in milk and lemon juice from the Court of Saint Germains. Preston, Dartmouth, Clarendon, Penn, were among the most busy. With them, was leagued the nonjuring Bishop of Ely, who was still permitted by the government to reside in the palace, now no longer his own, and who had, but a short time before, called heaven to witness that he detested the thought of inviting foreigners to invade England. One good opportunity had been lost; but another was at hand, and must not be suffered to escape. The usurper would soon be again out of England. The administration would soon be again confided to a weak woman and a divided council. The year which was closing had certainly been unlucky; but that which was about to commence might be more auspicious.
In December a meeting of the leading Jacobites was held, [809] The sense of the a.s.sembly, which consisted exclusively of Protestants, was that something ought to be attempted, but that the difficulties were great.
None ventured to recommend that James should come over unaccompanied by regular troops. Yet all, taught by the experience of the preceding summer, dreaded the effect which might be produced by the sight of French uniforms and standards on English ground. A paper was drawn up which would, it was hoped, convince both James and Lewis that a restoration could not be effected without the cordial concurrence of the nation. France,--such was the substance of this remarkable doc.u.ment,--might possibly make the island a heap of ruins, but never a subject province. It was hardly possible for any person, who had not had an opportunity of observing the temper of the public mind, to imagine the savage and dogged determination with which men of all cla.s.ses, sects and factions were prepared to resist any foreign potentate who should attempt to conquer the kingdom by force of arms. Nor could England be governed as a Roman Catholic country. There were five millions of Protestants in the realm: there were not a hundred thousand Papists: that such a minority should keep down such a majority was physically impossible; and to physical impossibility all other considerations must give way. James would therefore do well to take without delay such measures as might indicate his resolution to protect the established religion. Unhappily every letter which arrived from France contained something tending to irritate feelings which it was most desirable to soothe. Stories were every where current of slights offered at Saint Germains to Protestants who had given the highest proof of loyalty by following into banishment a master zealous for a faith which was not their own. The edicts which had been issued against the Huguenots might perhaps have been justified by the anarchical opinions and practices of those sectaries; but it was the height of injustice and of inhospitality to put those edicts in force against men who had been driven from their country solely on account of their attachment to a Roman Catholic King. Surely sons of the Anglican Church, who had, in obedience to her teaching, sacrificed all that they most prized on earth to the royal cause, ought not to be any longer interdicted from a.s.sembling in some modest edifice to celebrate her rites and to receive her consolations.
An announcement that Lewis had, at the request of James, permitted the English exiles to worship G.o.d according to their national forms would be the best prelude to the great attempt. That attempt ought to be made early in the spring. A French force must undoubtedly accompany His Majesty. But he must declare that he brought that force only for the defence of his person and for the protection of his loving subjects, and that, as soon as the foreign oppressors had been expelled, the foreign deliverers should be dismissed. He must also promise to govern according to law, and must refer all the points which had been in dispute between him and his people to the decision of a Parliament.
It was determined that Preston should carry to Saint Germains the resolutions and suggestions of the conspirators, John Ashton, a person who had been clerk of the closet to Mary of Modena when she was on the throne, and who was entirely devoted to the interests of the exiled family, undertook to procure the means of conveyance, and for this purpose engaged the cooperation of a hotheaded young Jacobite named Elliot, who only knew in general that a service of some hazard was to be rendered to the good cause.
It was easy to find in the port of London a vessel the owner of which was not scrupulous about the use for which it might be wanted. Ashton and Elliot were introduced to the master of a smack named the James and Elizabeth. The Jacobite agents pretended to be smugglers, and talked of the thousands of pounds which might be got by a single lucky trip to France and back again. A bargain was struck: a sixpence was broken; and all the arrangements were made for the voyage.
Preston was charged by his friends with a packet containing several important papers. Among these was a list of the English fleet furnished by Dartmouth, who was in communication with some of his old companions in arms, a minute of the resolutions which had been adopted at the meeting of the conspirators, and the Heads of a Declaration which it was thought desirable that James should publish at the moment of his landing. There were also six or seven letters from persons of note in the Jacobite party. Most of these letters were parables, but parables which it was not difficult to unriddle. One plotter used the cant of the law. There was hope that Mr. Jackson would soon recover his estate. The new landlord was a hard man, and had set the freeholders against him. A little matter would redeem the whole property. The opinions of the best counsel were in Mr. Jackson"s favour. All that was necessary was that he should himself appear in Westminster Hall. The final hearing ought to be before the close of Easter Term. Other writers affected the style of the Royal Exchange. There was a great demand for a cargo of the right sort.
There was reason to hope that the old firm would soon form profitable connections with houses with which it had hitherto had no dealings. This was evidently an allusion to the discontented Whigs. But, it was added, the shipments must not be delayed. Nothing was so dangerous as to overstay the market. If the expected goods did not arrive by the tenth of March, the whole profit of the year would be lost. As to details, entire reliance might be placed on the excellent factor who was going over. Clarendon a.s.sumed the character of a matchmaker. There was great hope that the business which he had been negotiating would be brought to bear, and that the marriage portion would be well secured. "Your relations," he wrote, in allusion to his recent confinement, "have been very hard on me this last summer. Yet, as soon as I could go safely abroad, I pursued the business." Catharine Sedley entrusted Preston with a letter in which, without allegory or circ.u.mlocution, she complained that her lover had left her a daughter to support, and begged very hard for money. But the two most important despatches were from Bishop Turner. They were directed to Mr. and Mrs. Redding: but the language was such as it would be thought abject in any gentleman to hold except to royalty. The Bishop a.s.sured their Majesties that he was devoted to their cause, that he earnestly wished for a great occasion to prove his zeal, and that he would no more swerve from his duty to them than renounce his hope of heaven. He added, in phraseology metaphorical indeed, but perfectly intelligible, that he was the mouthpiece of several of the nonjuring prelates, and especially of Sancroft. "Sir, I speak in the plural,"--these are the words of the letter to James,--"because I write my elder brother"s sentiments as well as my own, and the rest of our family." The letter to Mary of Modena is to the same effect. "I say this in behalf of my elder brother, and the rest of my nearest relations, as well as from myself." [810]
All the letters with which Preston was charged referred the Court of Saint Germains to him for fuller information. He carried with him minutes in his own handwriting of the subjects on which he was to converse with his master and with the ministers of Lewis. These minutes, though concise and desultory, can for the most part be interpreted without difficulty. The vulnerable points of the coast are mentioned.
Gosport is defended only by palisades. The garrison of Portsmouth is small. The French fleet ought to be out in April, and to fight before the Dutch are in the Channel. There are a few broken words clearly importing that some at least of the nonjuring bishops, when they declared, before G.o.d, that they abhorred the thought of inviting the French over, were dissembling, [811]
Every thing was now ready for Preston"s departure. But the owner of the James and Elizabeth had conceived a suspicion that the expedition for which his smack had been hired was rather of a political than of a commercial nature. It occurred to him that more might be made by informing against his pa.s.sengers than by conveying them safely.
Intelligence of what was pa.s.sing was conveyed to the Lord President. No intelligence could be more welcome to him. He was delighted to find that it was in his power to give a signal proof of his attachment to the government which his enemies had accused him of betraying. He took his measures with his usual energy and dexterity. His eldest son, the Earl of Danby, a bold, volatile, and somewhat eccentric young man, was fond of the sea, lived much among sailors, and was the proprietor of a small yacht of marvellous speed. This vessel, well manned, was placed under the command of a trusty officer named Billop, and was sent down the river, as if for the purpose of pressing mariners.
At dead of night, the last night of the year 1690, Preston, Ashton and Elliot went on board of their smack near the Tower. They were in great dread lest they should be stopped and searched, either by a frigate which lay off Woolwich, or by the guard posted at the blockhouse of Gravesend. But, when they had pa.s.sed both frigate and blockhouse without being challenged, their spirits rose: their appet.i.te became keen; they unpacked a hamper well stored with roast beef, mince pies, and bottles of wine, and were just sitting down to their Christmas cheer, when the alarm was given that a vessel from Tilbury was flying through the water after them. They had scarcely time to hide themselves in a dark hole among the gravel which was the ballast of their smack, when the chase was over, and Billop, at the head of an armed party, came on board. The hatches were taken up: the conspirators were arrested; and their clothes were strictly examined. Preston, in his agitation, had dropped on the gravel his official seal and the packet of which he was the bearer. The seal was discovered where it had fallen. Ashton, aware of the importance of the papers, s.n.a.t.c.hed them up and tried to conceal them; but they were soon found in his bosom.
The prisoners then tried to cajole or to corrupt Billop. They called for wine, pledged him, praised his gentlemanlike demeanour, and a.s.sured him that, if he would accompany them, nay, if he would only let that little roll of paper fall overboard into the Thames, his fortune would be made.
The tide of affairs, they said, was on the turn, things could not go on for ever as they had gone on of late and it was in the captain"s power to be as great and as rich as he could desire. Billop, though courteous, was inflexible. The conspirators became sensible that their necks were in imminent danger. The emergency brought out strongly the true characters of all the three, characters which, but for such an emergency, might have remained for ever unknown. Preston had always been reputed a highspirited and gallant gentleman; but the near prospect of a dungeon and a gallows altogether unmanned him. Elliot stormed and blasphemed, vowed that, if he ever got free, he would be revenged, and, with horrible imprecations, called on the thunder to strike the yacht, and on London Bridge to fall in and crush her. Ashton alone behaved with manly firmness.
Late in the evening the yacht reached Whitehall Stairs; and the prisoners, strongly guarded, were conducted to the Secretary"s office.
The papers which had been found in Ashton"s bosom were inspected that night by Nottingham and Caermarthen, and were, on the following morning, put by Caermarthen into the hands of the King.
Soon it was known all over London that a plot had been detected, that the messengers whom the adherents of James had sent to solicit the help of an invading army from France had been arrested by the agents of the vigilant and energetic Lord President, and that doc.u.mentary evidence, which might affect the lives of some great men, was in the possession of the government. The Jacobites were terrorstricken; the clamour of the Whigs against Caermarthen was suddenly hushed; and the Session ended in perfect harmony. On the fifth of January the King thanked the Houses for their support, and a.s.sured them that he would not grant away any forfeited property in Ireland till they should rea.s.semble. He alluded to the plot which had just been discovered, and expressed a hope that the friends of England would not, at such a moment, be less active or less firmly united than her enemies. He then signified his pleasure that the Parliament should adjourn. On the following day he set out, attended by a splendid train of n.o.bles, for the Congress at the Hague, [812]
[Footnote 1: Letter from Lady Cavendish to Sylvia. Lady Cavendish, like most of the clever girls of that generation, had Scudery"s romances always in her head. She is Dorinda: her correspondent, supposed to be her cousin Jane Allington, is Sylvia: William is Ormanzor, and Mary Phenixana. London Gazette, Feb. 14 1688/9; Narcissus Luttrell"s Diary.
Luttrell"s Diary, which I shall very often quote, is in the library of All Souls" College. I am greatly obliged to the Warden for the kindness with which he allowed me access to this valuable ma.n.u.script.]
[Footnote 2: See the London Gazettes of February and March 1688/9, and Narcissus Luttrell"s Diary.]
[Footnote 3: Wagenaar, lxi. He quotes the proceedings of the States of the 2nd of March, 1689. London Gazette, April 11, 1689; Monthly Mercury for April, 1689.]
[Footnote 4: "I may be positive," says a writer who had been educated at Westminster School, "where I heard one sermon of repentance, faith, and the renewing of the Holy Ghost, I heard three of the other; and "tis hard to say whether Jesus Christ or King Charles the First were oftener mentioned and magnified." Bisset"s Modern Fanatick, 1710.]
[Footnote 5: Paris Gazette, Jan 26/Feb 5 1689. Orange Gazette, London, Jan. 10. 1688/9]
[Footnote 6: Grey"s Debates; Howe"s speech; Feb. 26. 1688/9; Boscawen"s speech, March 1; Narcissus Luttrell"s Diary, Feb. 23-27.]
[Footnote 7: Grey"s Debates; Feb. 26. 1688/9]
[Footnote 8: This ill.u.s.tration is repeated to satiety in sermons and pamphlets of the time of William the Third. There is a poor imitation of Absalom and Ahitophel ent.i.tled the Murmurers. William is Moses; Corah, Dathan and Abiram, nonjuring Bishops; Balaam, I think, Dryden; and Phinchas Shrewsbury,]
[Footnote 9: Reresby"s Memoirs.]
[Footnote 10: Here, and in many other places, I abstain from citing authorities, because my authorities are too numerous to cite. My notions of the temper and relative position of political and religious parties in the reign of William the Third, have been derived, not from any single work, but from thousands of forgotten tracts, sermons, and satires; in fact, from a whole literature which is mouldering in old libraries.]
[Footnote 11: The following pa.s.sage in a tract of that time expresses the general opinion. "He has better knowledge of foreign affairs than we have; but in English business it is no dishonour to him to be told his relation to us, the nature of it, and what is fit for him to do."--An Honest Commoner"s Speech.]
[Footnote 12: London Gazette, Feb. 18. 1688/9]
[Footnote 13: London Gazette, Feb. 18. 1688/9; Sir J. Reresby"s Memoirs.]
[Footnote 14: London Gazette, Feb. 18. 1688/9; Lords" Journals.]
[Footnote 15: Burnet, ii. 4.]
[Footnote 16: These memoirs will be found in a ma.n.u.script volume, which is part of the Harleian Collection, and is numbered 6584. They are in fact, the first outlines of a great part of Burnet"s History of His Own Times. The dates at which the different portions of this most curious and interesting book were composed are marked. Almost the whole was written before the death of Mary. Burnet did not begin to prepare his History of William"s reign for the press till ten years later. By that time his opinions both of men and of things, had undergone great changes. The value of the rough draught is therefore very great: for it contains some facts which he afterwards thought it advisable to suppress, and some judgments which he afterwards saw cause to alter.
I must own that I generally like his first thoughts best. Whenever his History is reprinted, it ought to be carefully collated with this volume.
When I refer to the Burnet MS. Harl. 6584, I wish the reader to understand that the MS. contains something which is not to be found in the History.
As to Nottingham"s appointment, see Burnet, ii. 8; the London Gazette of March 7. 1688/9; and Clarendon"s Diary of Feb. 15.]
[Footnote 17: London Gazette, Feb. 18. 1688/9]
[Footnote 18: Don Pedro de Ronquillo makes this objection.]
[Footnote 19: London Gazette, March 11 1688/9.]
[Footnote 20: Ibid.]
[Footnote 21: I have followed what seems to me the most probable story.
But it has been doubted whether Nottingham was invited to be Chancellor, or only to be First Commissioner of the Great Seal. Compare Burnet ii.