The History of England, from the Accession of James II — Volume 4

The four men who have been described resembled each other so little that it may be thought strange that they should ever have been able to act in concert. They did, however, act in the closest concert during many years. They more than once rose and more than once fell together. But their union lasted till it was dissolved by death. Little as some of them may have deserved esteem, none of them can be accused of having been false to his brethren of the Junto.

While the great body of the Whigs was, under these able chiefs, arraying itself in order resembling that of a regular army, the Tories were in a state of an ill drilled and ill officered militia. They were numerous; and they were zealous; but they can hardly be said to have had, at this time, any chief in the House of Commons. The name of Seymour had once been great among them, and had not quite lost its influence. But, since he had been at the Board of Treasury, he had disgusted them by vehemently defending all that he had himself, when out of place, vehemently attacked. They had once looked up to the Speaker, Trevor; but his greediness, impudence and venality were now so notorious that all respectable gentlemen, of all shades of opinion, were ashamed to see him in the chair. Of the old Tory members Sir Christopher Musgrave alone had much weight. Indeed the real leaders of the party were two or three men bred in principles diametrically opposed to Toryism, men who had carried Whiggism to the verge of republicanism, and who had been considered not merely as Low Churchmen, but as more than half Presbyterians. Of these men the most eminent were two great Herefordshire squires, Robert Harley and Paul Foley.

The space which Robert Harley fills in the history of three reigns, his elevation, his fall, the influence which, at a great crisis, he exercised on the politics of all Europe, the close intimacy in which he lived with some of the greatest wits and poets of his time, and the frequent recurrence of his name in the works of Swift, Pope, Arbuthnot, and Prior, must always make him an object of interest. Yet the man himself was of all men the least interesting. There is indeed a whimsical contrast between the very ordinary qualities of his mind and the very extraordinary vicissitudes of his fortune.

He was the heir of a Puritan family. His father, Sir Edward Harley, had been conspicuous among the patriots of the Long parliament, had commanded a regiment under Essex, had, after the Restoration, been an active opponent of the Court, had supported the Exclusion Bill, had harboured dissenting preachers, had frequented meetinghouses, and had made himself so obnoxious to the ruling powers that at the time of the Western Insurrection, he had been placed under arrest, and his house had been searched for arms. When the Dutch army was marching from Torbay towards London, he and his eldest son Robert declared for the Prince of Orange and a free Parliament, raised a large body of horse, took possession of Worcester, and evinced their zeal against Popery by publicly breaking to pieces, in the High Street of that city, a piece of sculpture which to rigid precisians seemed idolatrous. Soon after the Convention became a Parliament, Robert Harley was sent up to Westminster as member for a Cornish borough. His conduct was such as might have been expected from his birth and education. He was a Whig, and indeed an intolerant and vindictive Whig. Nothing would satisfy him but a general proscription of the Tories. His name appears in the list of those members who voted for the Sacheverell clause; and, at the general election which took place in the spring of 1690, the party which he had persecuted made great exertions to keep him out of the House of Commons. A cry was raised that the Harleys were mortal enemies of the Church; and this cry produced so much effect that it was with difficulty that any of them could obtain a seat. Such was the commencement of the public life of a man whose name, a quarter of a century later, was inseparably coupled with the High Church in the acclamations of Jacobite mobs. 482

Soon, however, it began to be observed that in every division Harley was in the company of those gentlemen who held his political opinions in abhorrence; nor was this strange; for he affected the character of a Whig of the old pattern; and before the Revolution it had always been supposed that a Whig was a person who watched with jealousy every exertion of the prerogative, who was slow to loose the strings of the public purse, and who was extreme to mark the faults of the ministers of the Crown. Such a Whig Harley still professed to be. He did not admit that the recent change of dynasty had made any change in the duties of a representative of the people. The new government ought to be observed as suspiciously, checked as severely, and supplied as sparingly as the old one. Acting on these principles he necessarily found himself acting with men whose principles were diametrically opposed to his. He liked to thwart the King; they liked to thwart the usurper; the consequence was that, whenever there was an opportunity of thwarting William, the Roundhead stayed in the House or went into the lobby in company with the whole crowd of Cavaliers.

Soon Harley acquired the authority of a leader among those with whom, notwithstanding wide differences of opinion, he ordinarily voted. His influence in Parliament was indeed altogether out of proportion to his abilities. His intellect was both small and slow. He was unable to take a large view of any subject. He never acquired the art of expressing himself in public with fluency and perspicuity. To the end of his life he remained a tedious, hesitating and confused speaker. 483

He had none of the external graces of an orator. His countenance was heavy, his figure mean and somewhat deformed, and his gestures uncouth. Yet he was heard with respect. For, such as his mind was, it had been assiduously cultivated. His youth had been studious; and to the last he continued to love books and the society of men of genius and learning. Indeed he aspired to the character of a wit and a poet, and occasionally employed hours which should have been very differently spent in composing verses more execrable than the bellman's. 484 His time however was not always so absurdly wasted. He had that sort of industry and that sort of exactness which would have made him a respectable antiquary or King at Arms. His taste led him to plod among old records; and in that age it was only by plodding among old records that any man could obtain an accurate and extensive knowledge of the law of Parliament. Having few rivals in this laborious and unattractive pursuit, he soon began to be regarded as an oracle on questions of form and privilege. His moral character added not a little to his influence. He had indeed great vices; but they were not of a scandalous kind. He was not to be corrupted by money. His private life was regular. No illicit amour was imputed to him even by satirists. Gambling he held in aversion; and it was said that he never passed White's, then the favourite haunt of noble sharpers and dupes, without an exclamation of anger. His practice of flustering himself daily with claret was hardly considered as a fault by his contemporaries. His knowledge, his gravity and his independent position gained for him the ear of the House; and even his bad speaking was, in some sense, an advantage to him. For people are very loth to admit that the same man can unite very different kinds of excellence. It is soothing to envy to believe that what is splendid cannot be solid, that what is clear cannot be profound. Very slowly was the public brought to acknowledge that Mansfield was a great jurist, and that Burke was a great master of political science. Montague was a brilliant rhetorician, and, therefore, though he had ten times Harley's capacity for the driest parts of business, was represented by detractors as a superficial, prating pretender. But from the absence of show in Harley's discourses many people inferred that there must be much substance; and he was pronounced to be a deep read, deep thinking gentleman, not a fine talker, but fitter to direct affairs of state than all the fine talkers in the world. This character he long supported with that cunning which is frequently found in company with ambitious and unquiet mediocrity. He constantly had, even with his best friends, an air of mystery and reserve which seemed to indicate that he knew some momentous secret, and that his mind was labouring with some vast design. In this way he got and long kept a high reputation for wisdom. It was not till that reputation had made him an Earl, a Knight of the Garter, Lord High Treasurer of England, and master of the fate of Europe, that his admirers began to find out that he was really a dull puzzleheaded man. 485

Soon after the general election of 1690, Harley, generally voting with the Tories, began to turn Tory. The change was so gradual as to be almost imperceptible; but was not the less real. He early began to hold the Tory doctrine that England ought to confine herself to a maritime war. He early felt the true Tory antipathy to Dutchmen and to moneyed men. The antipathy to Dissenters, which was necessary to the completeness of the character, came much later. At length the transformation was complete; and the old haunter of conventicles became an intolerant High Churchman. Yet to the last the traces of his early breeding would now and then show themselves; and, while he acted after the fashion of Laud, he sometimes wrote in the style of Praise God Barebones. 486

Of Paul Foley we know comparatively little. His history, up to a certain point, greatly resembles that of Harley: but he appears to have been superior to Harley both in parts and in elevation of character. He was the son of Thomas Foley, a new man, but a. man of great merit, who, having begun life with nothing, had created a noble estate by ironworks, and who was renowned for his spotless integrity and his munificent charity. The Foleys were, like their neighbours the Harleys, Whigs and Puritans. Thomas Foley lived on terms of close intimacy with Baxter, in whose writings he is mentioned with warm eulogy. The opinions and the attachments of Paul Foley were at first those of his family. But be, like Harley, became, merely from the vehemence of his Whiggism, an ally of the Tories, and might, perhaps, like Harley, have been completely metamorphosed into a Tory, if the process of transmutation had not been interrupted by death. Foley's abilities were highly respectable, and had been improved by education. He was so wealthy that it was unnecessary for him to follow the law as a profession; but he had studied it carefully as a science. His morals were without stain; and the greatest fault which could be imputed to him was that he paraded his independence and disinterestedness too ostentatiously, and was so much afraid of being thought to fawn that he was always growling.

Another convert ought to be mentioned. Howe, lately the most virulent of the Whigs, had been, by the loss of his place, turned into one of the most virulent of the Tories. The deserter brought to the party which he had joined no weight of character, no capacity or semblance of capacity for great affairs, but much parliamentary ability of a low kind, much spite and much impudence. No speaker of that time seems to have had, in such large measure, both the power and the inclination to give pain.

The assistance of these men was most welcome to the Tory party; but it was impossible that they could, as yet, exercise over that party the entire authority of leaders. For they still called themselves Whigs, and generally vindicated their Tory votes by arguments grounded on Whig principles. 487

From this view of the state of parties in the House of Commons, it seems clear that Sunderland had good reason for recommending that the administration should be entrusted to the Whigs. The King, however, hesitated long before he could bring himself to quit that neutral position which he had long occupied between the contending parties. If one of those parties was disposed to question his title, the other was on principle hostile to his prerogative. He still remembered with bitterness the unreasonable and vindictive conduct of the Convention Parliament at the close of 1689 and the beginning of 1690; and he shrank from the thought of being entirely in the hands of the men who had obstructed the Bill of Indemnity, who had voted for the Sacheverell clause, who had tried to prevent him from taking the command of his army in Ireland, and who had called him an ungrateful tyrant merely because he would not be their slave and their hangman. He had once, by a bold and unexpected effort, freed himself from their yoke; and he was not inclined to put it on his neck again. He personally disliked Wharton and Russell. He thought highly of the capacity of Caermarthen, of the integrity of Nottingham, of the diligence and financial skill of Godolphin. It was only by slow degrees that the arguments of Sunderland, backed by the force of circumstances, overcame all objections.

On the seventh of November 1693 the Parliament met; and the conflict of parties instantly began. William from the throne pressed on the Houses the necessity of making a great exertion to arrest the progress of France on the Continent. During the last campaign, he said, she had, on every point, had a superiority of force; and it had therefore been found impossible to cope with her. His allies had promised to increase their armies; and he trusted that the Commons would enable him to do the same. 488

The Commons at their next sitting took the King's speech into consideration. The miscarriage of the Smyrna fleet was the chief subject of discussion. The cry for inquiry was universal: but it was evident that the two parties raised that cry for very different reasons. Montague spoke the sense of the Whigs. He declared that the disasters of the summer could not, in his opinion, be explained by the ignorance and imbecility of those who had charge of the naval administration. There must have been treason. It was impossible to believe that Lewis, when he sent his Brest squadron to the Straits of Gibraltar, and left the whole coast of his kingdom from Dunkirk to Bayonne unprotected, had trusted merely to chance. He must have been well assured that his fleet would meet with a vast booty under a feeble convoy. As there had been treachery in some quarters, there had been incapacity in others. The State was ill served. And then the orator pronounced a warm panegyric on his friend Somers. "Would that all men in power would follow the example of my Lord Keeper! If all patronage were bestowed as judiciously and disinterestedly as his, we should not see the public offices filled with men who draw salaries and perform no duties." It was moved and carried unanimously, that the Commons would support their Majesties, and would forthwith proceed to investigate the cause of the disaster in the Bay of Lagos. 489 The Lords of the Admiralty were directed to produce a great mass of documentary evidence. The King sent down copies of the examinations taken before the Committee of Council which Mary had appointed to inquire into the grievances of the Turkey merchants. The Turkey merchants themselves were called in and interrogated. Rooke, though too ill to stand or speak, was brought in a chair to the bar, and there delivered in a narrative of his proceedings. The Whigs soon thought that sufficient ground had been laid for a vote condemning the naval administration, and moved a resolution attributing the miscarriage of the Smyrna fleet to notorious and treacherous mismanagement. That there had been mismanagement could not be disputed; but that there had been foul play had certainly not been proved. The Tories proposed that the word "treacherous" should be omitted. A division took place; and the Whigs carried their point by a hundred and forty votes to a hundred and three. Wharton was a teller for the majority. 490

It was now decided that there had been treason, but not who was the traitor. Several keen debates followed. The Whigs tried to throw the blame on Killegrew and Delaval, who were Tories; the Tories did their best to make out that the fault lay with the Victualling Department, which was under the direction of Whigs. But the House of Commons has always been much more ready to pass votes of censure drawn in general terms than to brand individuals by name. A resolution clearing the Victualling Office was proposed by Montague, and carried, after a debate of two days, by a hundred and eighty-eight votes to a hundred and fifty-two. 491 But when the victorious party brought forward a motion inculpating the admirals, the Tories came up in great numbers from the country, and, after a debate which lasted from nine in the morning till near eleven at night, succeeded in saving their friends. The Noes were a hundred and seventy, and the Ayes only a hundred and sixty-one. Another attack was made a few days later with no better success. The Noes were a hundred and eighty-five, the Ayes only a hundred and seventy-five. The indefatigable and implacable Wharton was on both occasions tellers for the minority. 492

In spite of this check the advantage was decidedly with the Whigs; The Tories who were at the head of the naval administration had indeed escaped impeachment; but the escape had been so narrow that it was impossible for the King to employ them any longer. The advice of Sunderland prevailed. A new Commission of Admiralty was prepared; and Russell was named First Lord. He had already been appointed to the command of the Channel fleet.

His elevation made it necessary that Nottingham should retire. For, though it was not then unusual to see men who were personally and politically hostile to each other holding high offices at the same time, the relation between the First Lord of the Admiralty and the Secretary of State, who had charge of what would now be called the War Department, was of so peculiar a nature that the public service could not be well conducted without cordial cooperation between them; and between Nottingham and Russell such cooperation was not to be expected. "I thank you," William said to Nottingham, "for your services. I have nothing to complain of in your conduct. It is only from necessity that I part with you." Nottingham retired with dignity. Though a very honest man, he went out of office much richer than he had come in five years before. What were then considered as the legitimate emoluments of his place were great; he had sold Kensington House to the Crown for a large sum; and he had probably, after the fashion of that time, obtained for himself some lucrative grants. He laid out all his gains in purchasing land. He heard, he said, that his enemies meant to accuse him of having acquired wealth by illicit means. He was perfectly ready to abide the issue of an inquiry. He would not, as some ministers had done, place his fortune beyond the reach of the justice of his country. He would have no secret hoard. He would invest nothing in foreign funds. His property should all be such as could be readily discovered and seized. 493

During some weeks the seals which Nottingham had delivered up remained in the royal closet. To dispose of them proved no easy matter. They were offered to Shrewsbury, who of all the Whig leaders stood highest in the King's favour; but Shrewsbury excused himself, and, in order to avoid further importunity, retired into the country. There he soon received a pressing letter from Elizabeth Villiers. This lady had, when a girl, inspired William with a passion which had caused much scandal and much unhappiness in the little Court of the Hague. Her influence over him she owed not to her personal charms,—for it tasked all the art of Kneller to make her look tolerably on canvass,—not to those talents which peculiarly belong to her sex,—for she did not excel in playful talk, and her letters are remarkably deficient in feminine ease and grace—, but to powers of mind which qualified her to partake the cares and guide the counsels of statesmen. To the end of her life great politicians sought her advice. Even Swift, the shrewdest and most cynical of her contemporaries, pronounced her the wisest of women, and more than once sate, fascinated by her conversation, from two in the afternoon till near midnight. 494 By degrees the virtues and charms of Mary conquered the first place in her husband's affection. But he still, in difficult conjunctures, frequently applied to Elizabeth Villiers for advice and assistance. She now implored Shrewsbury to reconsider his determination, and not to throw away the opportunity of uniting the Whig party for ever. Wharton and Russell wrote to the same effect. In reply came flimsy and unmeaning excuses: "I am not qualified for a court life; I am unequal to a place which requires much exertion; I do not quite agree with any party in the State; in short, I am unfit for the world; I want to travel; I want to see Spain." These were mere pretences. Had Shrewsbury spoken the whole truth, he would have said that he had, in an evil hour, been false to the cause of that Revolution in which he had borne so great a part, that he had entered into engagements of which he repented, but from which he knew not how to extricate himself, and that, while he remained under those engagements, he was unwilling to enter into the service of the existing government. Marlborough, Godolphin and Russell, indeed, had no scruple about corresponding with one King while holding office under the other. But Shrewsbury had, what was wanting to Marlborough, Godolphin and Russell, a conscience, a conscience which indeed too often failed to restrain him from doing wrong, but which never failed to punish him. 495

In consequence of his refusal to accept the Seals, the ministerial arrangements which the King had planned were not carried into entire effect till the end of the session. Meanwhile the proceedings of the two Houses had been highly interesting and important.

Soon after the Parliament met, the attention of the Commons was again called to the state of the trade with India; and the charter which had just been granted to the Old Company was laid before them. They would probably have been disposed to sanction the new arrangement, which, in truth, differed little from that which they had themselves suggested not many months before, if the Directors had acted with prudence. But the Directors, from the day on which they had obtained their charter, had persecuted the interlopers without mercy, and had quite forgotten that it was one thing to persecute interlopers in the Eastern Seas, and another to persecute them in the port of London. Hitherto the war of the monopolists against the private trade had been generally carried on at the distance of fifteen thousand miles from England. If harsh things were done, the English did not see them done, and did not hear of them till long after they had been done; nor was it by any means easy to ascertain at Westminster who had been right and who had been wrong in a dispute which had arisen three or four years before at Moorshedabad or Canton. With incredible rashness the Directors determined, at the very moment when the fate of their company was in the balance, to give the people of this country a near view of the most odious features of the monopoly. Some wealthy merchants of London had equipped a fine ship named the Redbridge. Her crew was numerous, her cargo of immense value. Her papers had been made out for Alicant: but there was some reason to suspect that she was really bound for the countries lying beyond the Cape of Good Hope. She was stopped by the Admiralty, in obedience to an order which the Company obtained from the Privy Council, doubtless by the help of the Lord President. Every day that she lay in the Thames caused a heavy expense to the owners. The indignation in the City was great and general. The Company maintained that from the legality of the monopoly the legality of the detention necessarily followed. The public turned the argument round, and, being firmly convinced that the detention was illegal, drew the inference that the monopoly must be illegal too. The dispute was at the height when the Parliament met. Petitions on both sides were speedily laid on the table of the Commons; and it was resolved that these petitions should be taken into consideration by a Committee of the whole House. The first question on which the conflicting parties tried their strength was the choice of a chairman. The enemies of the Old Company proposed Papillon, once the closest ally and subsequently the keenest opponent of Child, and carried their point by a hundred and thirty-eight votes to a hundred and six. The Committee proceeded to inquire by what authority the Redbridge had been stopped. One of her owners, Gilbert Heathcote, a rich merchant and a stanch Whig, appeared at the bar as a witness. He was asked whether he would venture to deny that the ship had really been fitted out for the Indian trade. "It is no sin that I know of," he answered, "to trade with India; and I shall trade with India till I am restrained by Act of Parliament." Papillon reported that in the opinion of the Committee, the detention of the Redbridge was illegal. The question was then put, that the House would agree with the Committee. The friends of the Old Company ventured on a second division, and were defeated by a hundred and seventy-one votes to a hundred and twenty-five. 496

The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pass without a division. 497

This memorable vote settled the most important of the constitutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.

The opinion of the great majority of the House of Commons was that the Indian trade could be advantageously carried on only by means of a joint stock and a monopoly. It might therefore have been expected that the resolution which destroyed the monopoly of the Old Company would have been immediately followed by a law granting a monopoly to the New Company. No such law, however, was passed. The Old Company, though not strong enough to defend its own privileges, was able, with the help of its Tory friends, to prevent the rival association from obtaining similar privileges. The consequence was that, during some years, there was nominally a free trade with India. In fact, the trade still lay under severe restrictions. The private adventurer found indeed no difficulty in sailing from England; but his situation was as perilous as ever when he had turned the Cape of Good Hope. Whatever respect might be paid to a vote of the House of Commons by public functionaries in London, such a vote was, at Bombay or Calcutta, much less regarded than a private letter from Child; and Child still continued to fight the battle with unbroken spirit. He sent out to the factories of the Company orders that no indulgence should be shown to the intruders. For the House of Commons and for its resolutions he expressed the bitterest contempt. "Be guided by my instructions," he wrote, "and not by the nonsense of a few ignorant country gentlemen who have hardly wit enough to manage their own private affairs, and who know nothing at all about questions of trade." It appears that his directions were obeyed.

Every where in the East, during this period of anarchy, servant of the Company and the independent merchant waged war on each other, accused each other of piracy, and tried by every artifice to exasperate the Mogul government against each other. 498

The three great constitutional questions of the preceding year were, in this year, again brought under the consideration of Parliament. In the first week of the session, a Bill for the Regulation of Trials in cases of High Treason, a Triennial Bill, and a Place Bill were laid on the table of the House of Commons.

None of these bills became a law. The first passed the Commons, but was unfavourably received by the Peers. William took so much interest in the question that he came down to the House of Lords, not in his crown and robes, but in the ordinary dress of a gentleman, and sate through the whole debate on the second reading. Caermarthen spoke of the dangers to which the State was at that time exposed, and entreated his brethren not to give, at such a moment, impunity to traitors. He was powerfully supported by two eminent orators, who had, during some years, been on the uncourtly side of every question, but who, in this session, showed a disposition to strengthen the hands of the government, Halifax and Mulgrave. Marlborough, Rochester and Nottingham spoke for the bill; but the general feeling was so clearly against them that they did not venture to divide. It is probable, however, that the reasons urged by Caermarthen were not the reasons which chiefly swayed his hearers. The Peers were fully determined that the bill should not pass without a clause altering the constitution of the Court of the Lord High Steward: they knew that the Lower House was as fully determined not to pass such a clause; and they thought it better that what must happen at last should happen speedily, and without a quarrel. 499