The History of England, from the Accession of James II Volume IV Part 23

While Barclay was making all his arrangements for the a.s.sa.s.sination, Berwick was endeavouring to persuade the Jacobite aristocracy to rise in arms. But this was no easy task. Several consultations were held; and there was one great muster of the party under the pretence of a masquerade, for which tickets were distributed among the initiated at one guinea each. [663] All ended however in talking, singing and drinking. Many men of rank and fortune indeed declared that they would draw their swords for their rightful Sovereign as soon as their rightful Sovereign was in the island with a French army; and Berwick had been empowered to a.s.sure there that a French army should be sent as soon as they had drawn the sword. But between what they asked and what he was authorised to grant there was a difference which admitted of no compromise. Lewis, situated as he was, would not risk ten or twelve thousand excellent soldiers on the mere faith of promises. Similar promises had been made in 1690; and yet, when the fleet of Tourville had appeared on the coast of Devons.h.i.+re, the western counties had risen as one man in defence of the government, and not a single malecontent had dared to utter a whisper in favour of the invaders. Similar promises had been made in 1692; and to the confidence which had been placed in those promises was to be attributed the great disaster of La Hogue. The French King would not be deceived a third time. He would gladly help the English royalists; but he must first see them help themselves. There was much reason in this; and there was reason also in what the Jacobites urged on the other side. If, they said, they were to rise, without a single disciplined regiment to back them, against an usurper supported by a regular army, they should all be cut to pieces before the news that they were up could reach Versailles. As Berwick could hold out no hope that there would be an invasion before there was an insurrection, and as his English friends were immovable in their determination that there should be no insurrection till there was an invasion, he had nothing more to do here, and became impatient to depart.

He was the more impatient to depart because the fifteenth of February drew near. For he was in constant communication with Barclay, and was perfectly apprised of all the details of the crime which was to be perpetrated on that day. He was generally considered as a man of st.u.r.dy and even ungracious integrity. But to such a degree had his sense of right and wrong been perverted by his zeal for the interests of his family, and by his respect for the lessons of his priests, that he did not, as he has himself ingenuously confessed, think that he lay under any obligation to dissuade the a.s.sa.s.sins from the execution of their purpose. He had indeed only one objection to their design; and that objection he kept to himself. It was simply this, that all who were concerned were very likely to be hanged. That, however, was their affair; and, if they chose to run such a risk in the good cause, it was not his business to discourage them. His mission was quite distinct from theirs; he was not to act with them; and he had no inclination to suffer with then. He therefore hastened down to Romney Marsh, and crossed to Calais. [664]

At Calais he found preparations making for a descent on Kent. Troops filled the town; transports filled the port. Boufflers had been ordered to repair thither from Flanders, and to take the command. James himself was daily expected. In fact he had already left Saint Germains. Berwick, however, would not wait. He took the road to Paris, met his father at Clermont, and made a full report of the state of things in England. His emba.s.sy had failed; the Royalist n.o.bility and gentry seemed resolved not to rise till a French army was in the island; but there was still a hope; news would probably come within a few days that the usurper was no more; and such news would change the whole aspect of affairs. James determined to go on to Calais, and there to await the event of Barclay's plot. Berwick hastened to Versailles for the purpose of giving explanations to Lewis. What the nature of the explanations was we know from Berwick's own narrative. He plainly told the French King that a small band of loyal men would in a short time make an attempt on the life of the great enemy of France. The next courier might bring tidings of an event which would probably subvert the English government and dissolve the European coalition. It might have been thought that a prince who ostentatiously affected the character of a devout Christian and of a courteous knight would instantly have taken measures for conveying to his rival a caution which perhaps might still arrive in time, and would have severely reprimanded the guests who had so grossly abused his hospitality. Such, however, was not the conduct of Lewis. Had he been asked to give his sanction to a murder he would probably have refused with indignation. But he was not moved to indignation by learning that, without his sanction, a crime was likely to be committed which would be far more beneficial to his interests than ten such victories as that of Landen. He sent down orders to Calais that his fleet should be in such readiness as might enable him to take advantage of the great crisis which he antic.i.p.ated. At Calais James waited with still more impatience for the signal that his nephew was no more. That signal was to be given by a fire, of which the fuel was already prepared on the cliffs of Kent, and which would be visible across the straits.

[665]

But a peculiar fate has, in our country, always attended such conspiracies as that of Barclay and Charnock. The English regard a.s.sa.s.sination, and have during some ages regarded it, with a loathing peculiar to themselves. So English indeed is this sentiment that it cannot even now be called Irish, and till a recent period, it was not Scotch. In Ireland to this day the villain who shoots at his enemy from behind a hedge is too often protected from justice by public sympathy.

In Scotland plans of a.s.sa.s.sination were often, during the sixteenth and seventeenth centuries, successfully executed, though known to great numbers of persons. The murders of Beaton, of Rizzio, of Darnley, of Murray, of Sharpe, are conspicuous instances. The royalists who murdered Lisle in Switzerland were Irishmen; the royalists who murdered Ascham at Madrid were Irishmen; the royalists who murdered Dorislaus at the Hague were Scotchmen. In England, as soon as such a design ceases to be a secret hidden in the recesses of one gloomy and ulcerated heart, the risk of detection and failure becomes extreme. Felton and Bellingham reposed trust in no human being; and they were therefore able to accomplish their evil purposes. But Babington's conspiracy against Elizabeth, Fawkes's conspiracy against James, Gerard's conspiracy against Cromwell, the Rye House conspiracy, the Cato Street conspiracy, were all discovered, frustrated and punished. In truth such a conspiracy is here exposed to equal danger from the good and from the bad qualities of the conspirators. Scarcely any Englishman, not utterly dest.i.tute of conscience and honour, will engage in a plot for slaying an unsuspecting fellow creature; and a wretch who has neither conscience nor honour is likely to think much on the danger which he incurs by being true to his a.s.sociates, and on the rewards which he may obtain by betraying them.

There are, it is true, persons in whom religious or political fanaticism has destroyed all moral sensibility on one particular point, and yet has left that sensibility generally unimpaired. Such a person was Digby. He had no scruple about blowing King, Lords and Commons into the air. Yet to his accomplices he was religiously and chivalrously faithful; nor could even the fear of the rack extort from him one word to their prejudice. But this union of depravity and heroism is very rare. The vast majority of men are either not vicious enough or not virtuous enough to be loyal and devoted members of treacherous and cruel confederacies; and, if a single member should want either the necessary vice or the necessary virtue, the whole confederacy is in danger. To bring together in one body forty Englishmen, all hardened cutthroats, and yet all so upright and generous that neither the hope of opulence nor the dread of the gallows can tempt any one of them to be false to the rest, has. .h.i.therto been found, and will, it is to be hoped, always be found impossible.

There were among Barclay's followers both men too bad and men too good to be trusted with such a secret as his. The first whose heart failed him was Fisher. Even before the time and place of the crime had been fixed, he obtained an audience of Portland, and told that lord that a design was forming against the King's life. Some days later Fisher came again with more precise intelligence. But his character was not such as ent.i.tled him to much credit; and the knavery of Fuller, of Young, of Whitney and of Taffe, had made men of sense slow to believe stories of plots. Portland, therefore, though in general very easily alarmed where the safety of his master and friend was concerned, seems to have thought little about the matter. But, on the evening of the fourteenth of February, he received a visit from a person whose testimony he could not treat lightly. This was a Roman Catholic gentleman of known courage and honour, named Pendergra.s.s. He had, on the preceding day, come up to town from Hamps.h.i.+re, in consequence of a pressing summons from Porter, who, dissolute and unprincipled as he was, had to Pendergra.s.s been a most kind friend, indeed almost a father. In a Jacobite insurrection Pendergra.s.s would probably have been one of the foremost. But he learned with horror that he was expected to bear a part in a wicked and shameful deed. He found himself in one of those situations which most cruelly torture n.o.ble and sensitive natures. What was he to do? Was he to commit a murder? Was he to suffer a murder which he could prevent to be committed? Yet was he to betray one who, however culpable, had loaded him with benefits? Perhaps it might be possible to save William without harming Porter? Pendergra.s.s determined to make the attempt. "My Lord,"

he said to Portland, "as you value King William's life, do not let him hunt tomorrow. He is the enemy of my religion; yet my religion constrains me to give him this caution. But the names of the conspirators I am resolved to conceal; some of them are my friends; one of them especially is my benefactor; and I will not betray them."

Portland went instantly to the King; but the King received the intelligence very coolly, and seemed determined not to be frightened out of a good day's sport by such an idle story. Portland argued and implored in vain. He was at last forced to threaten that he would immediately make the whole matter public, unless His Majesty would consent to remain within doors during the next day; and this threat was successful. [666]

Sat.u.r.day the fifteenth came. The Forty were all ready to mount, when they received intelligence from the orderlies who watched Kensington House that the King did not mean to hunt that morning. "The fox," said Chambers, with vindictive bitterness, "keeps his earth." Then he opened his s.h.i.+rt; showed the great scar in his breast, and vowed revenge on William.

The first thought of the conspirators was that their design had been detected. But they were soon rea.s.sured. It was given out that the weather had kept the King at home; and indeed the day was cold and stormy. There was no sign of agitation at the palace. No extraordinary precaution was taken. No arrest was made. No ominous whisper was heard at the coffeehouses. The delay was vexatious; but Sat.u.r.day the twenty-second would do as well.

But, before Sat.u.r.day the twenty-second arrived, a third informer, De la Rue, had presented himself at the palace. His way of life did not ent.i.tle him to much respect; but his story agreed so exactly with what had been said by Fisher and Pendergra.s.s that even William began to believe that there was real danger.

Very late in the evening of Friday the twenty-first, Pendergra.s.s, who had as yet disclosed much less than either of the other informers, but whose single word was worth much more than their joint oath, was sent for to the royal closet. The faithful Portland and the gallant Cutts were the only persons who witnessed the singular interview between the King and his generous enemy. William, with courtesy and animation which he rarely showed, but which he never showed without making a deep impression, urged Pendergra.s.s to speak out. "You are a man of true probity and honour; I am deeply obliged to you; but you must feel that the same considerations which have induced you to tell us so much ought to induce you to tell us something more. The cautions which you have as yet given can only make me suspect every body that comes near me. They are sufficient to embitter my life, but not sufficient to preserve it.

You must let me know the names of these men." During more than half an hour the King continued to entreat and Pendergra.s.s to refuse. At last Pendergra.s.s said that he would give the information which was required, if he could be a.s.sured that it would be used only for the prevention of the crime, and not for the destruction of the criminals. "I give you my word of honour," said William, "that your evidence shall not be used against any person without your own free consent." It was long past midnight when Pendergra.s.s wrote down the names of the chief conspirators.

While these things were pa.s.sing at Kensington, a large party of the a.s.sa.s.sins were revelling at a Jacobite tavern in Maiden Lane. Here they received their final orders for the morrow. "Tomorrow or never," said King. "Tomorrow, boys," cried Ca.s.sels with a curse, "we shall have the plunder of the field." The morrow came. All was ready; the horses were saddled; the pistols were loaded; the swords were sharpened; the orderlies were on the alert; they early sent intelligence from the palace that the King was certainly going a hunting; all the usual preparations had been made; a party of guards had been sent round by Kingston Bridge to Richmond; the royal coaches, each with six horses, had gone from the stables at Charing Cross to Kensington. The chief murderers a.s.sembled in high glee at Porter's lodgings. Pendergra.s.s, who, by the King's command, appeared among them, was greeted with ferocious mirth. "Pendergra.s.s," said Porter, "you are named one of the eight who are to do his business. I have a musquetoon for you that will carry eight b.a.l.l.s." "Mr. Pendergra.s.s," said King, "pray do not be afraid of smas.h.i.+ng the gla.s.s windows." From Porter's lodgings the party adjourned to the Blue Posts in Spring Gardens, where they meant to take some refreshment before they started for Turnham Green. They were at table when a message came from an orderly that the King had changed his mind and would not hunt; and scarcely had they recovered from their first surprise at this ominous news, when Keyes, who had been out scouting among his old comrades, arrived with news more ominous still. "The coaches have returned to Charing Cross. The guards that were sent round to Richmond have just come back to Kensington at full gallop, the flanks of the horses all white with foam. I have had a word with one of the Blues. He told me that strange things are muttered." Then the countenances of the a.s.sa.s.sins fell; and their hearts died within them.

Porter made a feeble attempt to disguise his uneasiness. He took up an orange and squeezed it. "What cannot be done one day may be done another. Come, gentlemen, before we part let us have one gla.s.s to the squeezing of the rotten orange." The squeezing of the rotten orange was drunk; and the company dispersed. [667]

A few hours elapsed before all the conspirators abandoned all hope. Some of them derived comfort from a report that the King had taken physic, and that this was his only reason for not going to Richmond. If it were so, the blow might still be struck. Two Sat.u.r.days had been unpropitious.

But Sunday was at hand. One of the plans which had formerly been discussed and abandoned might be resumed. The usurper might be set upon at Hyde Park Corner on his way to his chapel. Charnock was ready for any enterprise however desperate. If the hunt was up, it was better to die biting and scratching to the last than to be worried without resistance or revenge. He a.s.sembled some of his accomplices at one of the numerous houses at which he had lodgings, and plied there hard with healths to the King, to the Queen, to the Prince, and to the Grand Monarch, as they called Lewis. But the terror and dejection of the gang were beyond the power of wine; and so many had stolen away that those who were left could effect nothing. In the course of the afternoon it was known that the guards had been doubled at the palace; and soon after nightfall messengers from the Secretary of State's office were hurrying to and fro with torches through the streets, accompanied by files and musketeers.

Before the dawn of Sunday Charnock was in custody. A little later, Rockwood and Bernardi were found in bed at a Jacobite alehouse on Tower Hill. Seventeen more traitors were seized before noon; and three of the Blues were put under arrest. That morning a Council was held; and, as soon as it rose, an express was sent off to call home some regiments from Flanders; Dorset set out for Suss.e.x, of which he was Lord Lieutenant; Romney, who was Warden of the Cinque Ports, started for the coast of Kent; and Russell hastened down the Thames to take the command of the fleet. In the evening the Council sate again. Some of the prisoners were examined and committed. The Lord Mayor was in attendance, was informed of what had been discovered, and was specially charged to look well to the peace of the capital. [668]

On Monday morning all the trainbands of the City were under arms. The King went in state to the House of Lords, sent for the Commons, and from the throne told the Parliament that, but for the protection of a gracious Providence, he should at that moment have been a corpse, and the kingdom would have been invaded by a French army. The danger of invasion, he added, was still great; but he had already given such orders as would, he hoped, suffice for the protection of the realm. Some traitors were in custody; warrants were out against others; he should do his part in this emergency; and he relied on the Houses to do theirs.

[669]

The Houses instantly voted a joint address in which they thankfully acknowledged the divine goodness which had preserved him to his people, and implored him to take more than ordinary care of his person. They concluded by exhorting him to seize and secure all persons whom he regarded as dangerous.

On the same day two important bills were brought into the Commons. By one the Habeas Corpus Act was suspended. The other provided that the Parliament should not be dissolved by the death of William. Sir Rowland Gwyn, an honest country gentleman, made a motion of which he did not at all foresee the important consequences. He proposed that the members should enter into an a.s.sociation for the defence of their Sovereign and their country. Montague, who of all men was the quickest at taking and improving a hint, saw how much such an a.s.sociation would strengthen the government and the Whig party. [670] An instrument was immediately drawn tip, by which the representatives of the people, each for himself, solemnly recognised William as rightful and lawful King, and bound themselves to stand by him and by each other against James and James's adherents. Lastly they vowed that, if His Majesty's life should be shortened by violence, they would avenge him signally on his murderers, and would, with one heart, strenuously support the order of succession settled by the Bill of Rights. It was ordered that the House should be called over the next morning. [671] The attendance was consequently great; the a.s.sociation, engrossed on parchment, was on the table; and the members went up, county by county, to sign their names. [672]

The King's speech, the joint address of both Houses, the a.s.sociation framed by the Commons, and a proclamation, containing a list of the conspirators and offering a reward of a thousand pounds for the apprehension of any one of them, were soon cried in all the streets of the capital and carried out by all the postbags. Wherever the news came it raised the whole country. Those two hateful words, a.s.sa.s.sination and invasion, acted like a spell. No impressment was necessary. The seamen came forth from their hiding places by thousands to man the fleet. Only three days after the King had appealed to the nation, Russell sailed out of the Thames with one great squadron. Another was ready for action at Spithead. The militia of all the maritime counties from the Wash to the Land's End was under arms. For persons accused of offences merely political there was generally much sympathy. But Barclay's a.s.sa.s.sins were hunted like wolves by the whole population. The abhorrence which the English have, through many generations, felt for domiciliary visits, and for all those impediments which the police of continental states throws in the way of travellers, was for a time suspended. The gates of the City of London were kept many hours closed while a strict search was made within. The magistrates of almost every walled town in the kingdom followed the example of the capital. On every highway parties of armed men were posted with orders to stop pa.s.sengers of suspicious appearance.

During a few days it was hardly possible to perform a journey without a pa.s.sport, or to procure posthorses without the authority of a justice of the peace. Nor was any voice raised against these precautions. The common people indeed were, if possible, more eager than the public functionaries to bring the traitors to justice. This eagerness may perhaps be in part ascribed to the great rewards promised by the royal proclamation. The hatred which every good Protestant felt for Popish cutthroats was not a little strengthened by the songs in which the street poets celebrated the lucky hackney coachman who had caught his traitor, had received his thousand pounds, and had set up as a gentleman. [673] The zeal of the populace could in some places hardly be kept within the limits of the law. At the country seat of Parkyns in Warwicks.h.i.+re, arms and accoutrements sufficient to equip a troop of cavalry were found. As soon as this was known, a furious mob a.s.sembled, pulled down the house and laid the gardens utterly waste. [674] Parkyns himself was tracked to a garret in the Temple. Porter and Keyes, who had fled into Surrey, were pursued by the hue and cry, stopped by the country people near Leatherhead, and, after some show of resistance, secured and sent to prison. Friend was found hidden in the house of a Quaker. Knightley was caught in the dress of a fine lady, and recognised in spite of his patches and paint. In a few days all the chief conspirators were in custody except Barclay, who succeeded in making his escape to France.

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 a.s.sociates. 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 Pendergra.s.s.

Pendergra.s.s 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 a.s.sured of Porter's safety. Porter was now safe; and Pendergra.s.s 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 pa.s.sing that Act, recognised the justice of allowing them to see their indictment, and to avail themselves of the a.s.sistance 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 a.s.sa.s.sination 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, Pendergra.s.s, 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 fort.i.tude gave way. He begged hard for mercy. He would be content, he said, to pa.s.s 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 a.s.sa.s.sination 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 a.s.sumed 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 a.s.sa.s.sination. The denial was doubtless literally correct; but Charnock did not deny, and a.s.suredly 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 a.s.sa.s.sin 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 a.s.sa.s.sination 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 a.s.sa.s.sination? It cannot, said Charnock, be the mere act, it must be the cause, that makes killing a.s.sa.s.sination. It followed that it was not a.s.sa.s.sination 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. Circ.u.mstances 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 pa.s.sions. 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 circ.u.mstance 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 a.s.sa.s.sination, 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 compa.s.sion 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, pa.s.sed 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 mult.i.tude 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 a.s.sembled 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 pa.s.sed 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 pa.s.sed 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 const.i.tutional 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 a.s.sembled at Tyburn; and this time the sightseers were not defrauded of their amus.e.m.e.nt. 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 p.r.o.nounced 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 a.s.sa.s.sination 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 a.s.sa.s.sination 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 doc.u.ment. 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 a.s.sa.s.sination. It was not pretended that he had professed any repentance for planning an a.s.sa.s.sination. The plain inference was that the divines who absolved him did not think it sinful to a.s.sa.s.sinate 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 Middles.e.x; 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 Recorders.h.i.+p 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 a.s.sociation, 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 establis.h.i.+ng 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 a.s.sent 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 ent.i.tled to the obedience of Christians. "No man," said Nottingham, "has served or will serve His Majesty more faithfully than I. But to this doc.u.ment 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 n.o.ble persons who were all equally attached to the reigning Sovereign, undertook the office of mediator.

He proposed that their Lords.h.i.+ps, 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 Devons.h.i.+re 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 a.s.sociation; 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 a.s.sociation 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 munic.i.p.al corporations all over the kingdom followed the example. The spring a.s.sizes 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 a.s.sociators, 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 b.l.o.o.d.y 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 G.o.d for having preserved him whom they fondly called William the Deliverer. Of all the counties of England Lancas.h.i.+re was the most Jacobitical. Yet Lancas.h.i.+re 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 G.o.d 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 b.l.o.o.d.y 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 mult.i.tudes, though discouraged by the munic.i.p.al 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 a.s.sociation 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 n.o.body appeared without wearing in his hat a red riband on which were embroidered the words, "General a.s.sociation 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 a.s.sociation 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 a.s.sociation 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 a.s.sociation 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 pa.s.sed 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 a.s.sa.s.sination Plot had produced in the temper of the House of Commons and of the nation is strikingly ill.u.s.trated by the history of a bill ent.i.tled 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 Devons.h.i.+re or Suss.e.x 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.