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

The first division was on the question whether secondary evidence of what Goodman could have proved should be admitted. On this occasion Burnet closed the debate by a powerful speech which none of the Tory orators could undertake to answer without premeditation. A hundred and twenty-six lords were present, a number unprecedented in our history. There were seventy-three Contents, and fifty-three Not Contents. Thirty-six of the minority protested against the decision of the House. 768 (#x26_x_26_i196)

The next great trial of strength was on the question whether the bill should be read a second time. The debate was diversified by a curious episode. Monmouth, in a vehement declamation, threw some severe and well merited reflections on the memory of the late Lord Jeffreys. The title and part of the ill gotten wealth of Jeffreys had descended to his son, a dissolute lad, who had lately come of age, and who was then sitting in the House. The young man fired at hearing his father reviled. The House was forced to interfere, and to make both the disputants promise that the matter should go no further. On this day a hundred and twenty-eight peers were present. The second reading was carried by seventy-three to fifty-five; and forty-nine of the fifty-five protested. 769 (#x26_x_26_i199)

It was now thought by many that Fenwick's courage would give way. It was known that he was very unwilling to die. Hitherto he might have flattered himself with hopes that the bill would miscarry. But now that it had passed one House, and seemed certain to pass the other, it was probable that he would save himself by disclosing all that he knew. He was again put to the bar and interrogated. He refused to answer, on the ground that his answers might be used against him by the Crown at the Old Bailey. He was assured that the House would protect him; but he pretended that this assurance was not sufficient; the House was not always sitting; he might be brought to trial during a recess, and hanged before their Lordships met again. The royal word alone, he said, would be a complete guarantee. The Peers ordered him to be removed, and immediately resolved that Wharton should go to Kensington, and should entreat His Majesty to give the pledge which the prisoner required. Wharton hastened to Kensington, and hastened back with a gracious answer. Fenwick was again placed at the bar. The royal word, he was told, had been passed that nothing which he might say there should be used against him in any other place. Still he made difficulties. He might confess all that he knew, and yet might be told that he was still keeping something back. In short, he would say nothing till he had a pardon. He was then, for the last time, solemnly cautioned from the Woolsack. He was assured that, if he would deal ingenuously with the Lords, they would be intercessors for him at the foot of the throne, and that their intercession would not be unsuccessful. If he continued obstinate, they would proceed with the bill. A short interval was allowed him for consideration; and he was then required to give his final answer. "I have given it," he said; "I have no security. If I had, I should be glad to satisfy the House." He was then carried back to his cell; and the Peers separated, having sate far into the night. 770 (#x26_x_26_i202)

At noon they met again. The third reading was moved. Tenison spoke for the bill with more ability than was expected from him, and Monmouth with as much sharpness as in the previous debates. But Devonshire declared that he could go no further. He had hoped that fear would induce Fenwick to make a frank confession; that hope was at an end; the question now was simply whether this man should be put to death by an Act of Parliament; and to that question Devonshire said that he must answer, "Not Content." It is not easy to understand on what principle he can have thought himself justified in threatening to do what he did not think himself justified in doing. He was, however, followed by Dorset, Ormond, Pembroke, and two or three others. Devonshire, in the name of his little party, and Rochester, in the name of the Tories, offered to waive all objections to the mode of proceeding, if the penalty were reduced from death to perpetual imprisonment. But the majority, though weakened by the defection of some considerable men, was still a majority, and would hear of no terms of compromise. The third reading was carried by only sixty-eight votes to sixty-one. Fifty-three Lords recorded their dissent; and forty-one subscribed a protest, in which the arguments against the bill were ably summed up. 771 (#x26_x_26_i205) The peers whom Fenwick had accused took different sides. Marlborough steadily voted with the majority, and induced Prince George to do the same. Godolphin as steadily voted with the minority, but, with characteristic wariness, abstained from giving any reasons for his votes. No part of his life warrants us in ascribing his conduct to any exalted motive. It is probable that, having been driven from office by the Whigs and forced to take refuge among the Tories, he thought it advisable to go with his party. 772 (#x26_x_26_i208)

As soon as the bill had been read a third time, the attention of the Peers was called to a matter which deeply concerned the honour of their order. Lady Mary Fenwick had been, not unnaturally, moved to the highest resentment by the conduct of Monmouth. He had, after professing a great desire to save her husband, suddenly turned round, and become the most merciless of her husband's persecutors; and all this solely because the unfortunate prisoner would not suffer himself to be used as an instrument for the accomplishing of a wild scheme of mischief. She might be excused for thinking that revenge would be sweet. In her rage she showed to her kinsman the Earl of Carlisle the papers which she had received from the Duchess of Norfolk. Carlisle brought the subject before the Lords. The papers were produced. Lady Mary declared that she had received them from the Duchess. The Duchess declared that she had received them from Monmouth. Elizabeth Lawson confirmed the evidence of her two friends. All the bitter things which the petulant Earl had said about William were repeated. The rage of both the great factions broke forth with ungovernable violence. The Whigs were exasperated by discovering that Monmouth had been secretly labouring to bring to shame and ruin two eminent men with whose reputation the reputation of the whole party was bound up. The Tories accused him of dealing treacherously and cruelly by the prisoner and the prisoner's wife. Both among the Whigs and among the Tories Monmouth had, by his sneers and invectives, made numerous personal enemies, whom fear of his wit and of his sword had hitherto kept in awe. 773 (#x26_x_26_i211) All these enemies were now openmouthed against him. There was great curiosity to know what he would be able to say in his defence. His eloquence, the correspondent of the States General wrote, had often annoyed others. He would now want it all to protect himself. 774 (#x26_x_26_i214) That eloquence indeed was of a kind much better suited to attack than to defence. Monmouth spoke near three hours in a confused and rambling manner, boasted extravagantly of his services and sacrifices, told the House that he had borne a great part in the Revolution, that he had made four voyages to Holland in the evil times, that he had since refused great places, that he had always held lucre in contempt. "I," he said, turning significantly to Nottingham, "have bought no great estate; I have built no palace; I am twenty thousand pounds poorer than when I entered public life. My old hereditary mansion is ready to fall about my ears. Who that remembers what I have done and suffered for His Majesty will believe that I would speak disrespectfully of him?" He solemnly declared,—and this was the most serious of the many serious faults of his long and unquiet life,—that he had nothing to do with the papers which had caused so much scandal. The Papists, he said, hated him; they had laid a scheme to ruin him; his ungrateful kinswoman had consented to be their implement, and had requited the strenuous efforts which he had made in defence of her honour by trying to blast his. When he concluded there was a long silence. He asked whether their Lordships wished him to withdraw. Then Leeds, to whom he had once professed a strong attachment, but whom he had deserted with characteristic inconstancy and assailed with characteristic petulance, seized the opportunity of revenging himself. "It is quite unnecessary," the shrewd old statesman said, "that the noble Earl should withdraw at present. The question which we have now to decide is merely whether these papers do or do not deserve our censure. Who wrote them is a question which may be considered hereafter." It was then moved and unanimously resolved that the papers were scandalous, and that the author had been guilty of a high crime and misdemeanour. Monmouth himself was, by these dexterous tactics, forced to join in condemning his own compositions. 775 (#x26_x_26_i217) Then the House proceeded to consider the charge against him. The character of his cousin the Duchess did not stand high; but her testimony was confirmed both by direct and by circumstantial evidence. Her husband said, with sour pleasantry, that he gave entire faith to what she had deposed. "My Lord Monmouth thought her good enough to be wife to me; and, if she is good enough to be wife to me, I am sure that she is good enough to be a witness against him." In a House of near eighty peers only eight or ten seemed inclined to show any favour to Monmouth. He was pronounced guilty of the act of which he had, in the most solemn manner, protested that he was innocent; he was sent to the Tower; he was turned out of all his places; and his name was struck out of the Council Book. 776 (#x26_x_26_i220) It might well have been thought that the ruin of his fame and of his fortunes was irreparable. But there was about his nature an elasticity which nothing could subdue. In his prison, indeed, he was as violent as a falcon just caged, and would, if he had been long detained, have died of mere impatience. His only solace was to contrive wild and romantic schemes for extricating himself from his difficulties and avenging himself on his enemies. When he regained his liberty, he stood alone in the world, a dishonoured man, more hated by the Whigs than any Tory, and by the Tories than any Whig, and reduced to such poverty that he talked of retiring to the country, living like a farmer, and putting his Countess into the dairy to churn and to make cheeses. Yet even after this fall, that mounting spirit rose again, and rose higher than ever. When he next appeared before the world, he had inherited the earldom of the head of his family; he had ceased to be called by the tarnished name of Monmouth; and he soon added new lustre to the name of Peterborough. He was still all air and fire. His ready wit and his dauntless courage made him formidable; some amiable qualities which contrasted strangely with his vices, and some great exploits of which the effect was heightened by the careless levity with which they were performed, made him popular; and his countrymen were willing to forget that a hero of whose achievements they were proud, and who was not more distinguished by parts and valour than by courtesy and generosity, had stooped to tricks worthy of the pillory.

It is interesting and instructive to compare the fate of Shrewsbury with the fate of Peterborough. The honour of Shrewsbury was safe. He had been triumphantly acquitted of the charges contained in Fenwick's confession. He was soon afterwards still more triumphantly acquitted of a still more odious charge. A wretched spy named Matthew Smith, who thought that he had not been sufficiently rewarded, and was bent on being revenged, affirmed that Shrewsbury had received early information of the Assassination Plot, but had suppressed that information, and had taken no measures to prevent the conspirators from accomplishing their design. That this was a foul calumny no person who has examined the evidence can doubt. The King declared that he could himself prove his minister's innocence; and the Peers, after examining Smith, pronounced the accusation unfounded. Shrewsbury was cleared as far as it was in the power of the Crown and of the Parliament to clear him. He had power and wealth, the favour of the King and the favour of the people. No man had a greater number of devoted friends. He was the idol of the Whigs; yet he was not personally disliked by the Tories. It should seem that his situation was one which Peterborough might well have envied. But happiness and misery are from within. Peterborough had one of those minds of which the deepest wounds heal and leave no scar. Shrewsbury had one of those minds in which the slightest scratch may fester to the death. He had been publicly accused of corresponding with Saint Germains; and, though King, Lords and Commons had pronounced him innocent, his conscience told him that he was guilty. The praises which he knew that he had not deserved sounded to him like reproaches. He never regained his lost peace of mind. He left office; but one cruel recollection accompanied him into retirement. He left England; but one cruel recollection pursued him over the Alps and the Apennines. On a memorable day, indeed, big with the fate of his country, he again, after many inactive and inglorious years, stood forth the Shrewsbury of 1688. Scarcely any thing in history is more melancholy than that late and solitary gleam, lighting up the close of a life which had dawned so splendidly, and which had so early become hopelessly troubled and gloomy.

On the day on which the Lords passed the Bill of Attainder, they adjourned over the Christmas holidays. The fate of Fenwick consequently remained during more than a fortnight in suspense. In the interval plans of escape were formed; and it was thought necessary to place a strong military guard round Newgate. 777 (#x26_x_26_i223) Some Jacobites knew William so little as to send him anonymous letters, threatening that he should be shot or stabbed if he dared to touch a hair of the prisoner's head. 778 (#x26_x_26_i226) On the morning of the eleventh of January he passed the bill. He at the same time passed a bill which authorised the government to detain Bernardi and some other conspirators in custody during twelve months. On the evening of that day a deeply mournful event was the talk of all London. The Countess of Aylesbury had watched with intense anxiety the proceedings against Sir John. Her lord had been as deep as Sir John in treason, was, like Sir John, in confinement, and had, like Sir John, been a party to Goodman's flight. She had learned with dismay that there was a method by which a criminal who was beyond the reach of the ordinary law might be punished. Her terror had increased at every stage in the progress of the Bill of Attainder. On the day on which the royal assent was to be given, her agitation became greater than her frame could support. When she heard the sound of the guns which announced that the King was on his way to Westminster, she fell into fits, and died in a few hours. 779 (#x26_x_26_i229)

Even after the bill had become law, strenuous efforts were made to save Fenwick. His wife threw herself at William's feet, and offered him a petition. He took the petition, and said, very gently, that it should be considered, but that the matter was one of public concern, and that he must deliberate with his ministers before he decided. 780 (#x26_x_26_i232) She then addressed herself to the Lords. She told them that her husband had not expected his doom, that he had not had time to prepare himself for death, that he had not, during his long imprisonment, seen a divine. They were easily induced to request that he might be respited for a week. A respite was granted; but, forty-eight hours before it expired, Lady Mary presented to the Lords another petition, imploring them to intercede with the King that her husband's punishment might be commuted to banishment. The House was taken by surprise; and a motion to adjourn was with difficulty carried by two votes. 781 (#x26_x_26_i235) On the morrow, the last day of Fenwick's life, a similar petition was presented to the Commons. But the Whig leaders were on their guard; the attendance was full; and a motion for reading the Orders of the Day was carried by a hundred and fifty-two to a hundred and seven. 782 (#x26_x_26_i238) In truth, neither branch of the legislature could, without condemning itself, request William to spare Fenwick's life. Jurymen, who have, in the discharge of a painful duty, pronounced a culprit guilty, may, with perfect consistency, recommend him to the favourable consideration of the Crown. But the Houses ought not to have passed the Bill of Attainder unless they were convinced, not merely that Sir John had committed high treason, but also that he could not, without serious danger to the Commonwealth, be suffered to live. He could not be at once a proper object of such a bill and a proper object of the royal mercy.

On the twenty-eighth of January the execution took place. In compliment to the noble families with which Fenwick was connected, orders were given that the ceremonial should be in all respects the same as when a peer of the realm suffers death. A scaffold was erected on Tower Hill and hung with black. The prisoner was brought from Newgate in the coach of his kinsman the Earl of Carlisle, which was surrounded by a troop of the Life Guards. Though the day was cold and stormy, the crowd of spectators was immense; but there was no disturbance, and no sign that the multitude sympathized with the criminal. He behaved with a firmness which had not been expected from him. He ascended the scaffold with steady steps, and bowed courteously to the persons who were assembled on it, but spoke to none, except White, the deprived Bishop of Peterborough. White prayed with him during about half an hour. In the prayer the King was commended to the Divine protection; but no name which could give offence was pronounced. Fenwick then delivered a sealed paper to the Sheriffs, took leave of the Bishop, knelt down, laid his neck on the block, and exclaimed, "Lord Jesus, receive my soul." His head was severed from his body at a single blow. His remains were placed in a rich coffin, and buried that night, by torchlight, under the pavement of Saint Martin's Church. No person has, since that day, suffered death in England by Act of Attainder. 783 (#x26_x_26_i241)

Meanwhile an important question, about which public feeling was much excited, had been under discussion. As soon as the Parliament met, a Bill for Regulating Elections, differing little in substance from the bill which the King had refused to pass in the preceding session, was brought into the House of Commons, was eagerly welcomed by the country gentlemen, and was pushed through every stage. On the report it was moved that five thousand pounds in personal estate should be a sufficient qualification for the representative of a city or borough. But this amendment was rejected. On the third reading a rider was added, which permitted a merchant possessed of five thousand pounds to represent the town in which he resided; but it was provided that no person should be considered as a merchant because he was a proprietor of Bank Stock or East India Stock. The fight was hard. Cowper distinguished himself among the opponents of the bill. His sarcastic remarks on the hunting, hawking boors, who wished to keep in their own hands the whole business of legislation, called forth some sharp rustic retorts. A plain squire, he was told, was as likely to serve the country well as the most fluent gownsman, who was ready, for a guinea, to prove that black was white. On the question whether the bill should pass, the Ayes were two hundred, the Noes a hundred and sixty. 784 (#x26_x_26_i244)

The Lords had, twelve months before, readily agreed to a similar bill; but they had since reconsidered the subject and changed their opinion. The truth is that, if a law requiring every member of the House of Commons to possess an estate of some hundreds of pounds a year in land could have been strictly enforced, such a law would have been very advantageous to country gentlemen of moderate property, but would have been by no means advantageous to the grandees of the realm. A lord of a small manor would have stood for the town in the neighbourhood of which his family had resided during centuries, without any apprehension that he should be opposed by some alderman of London, whom the electors had never seen before the day of nomination, and whose chief title to their favour was a pocketbook full of bank notes. But a great nobleman, who had an estate of fifteen or twenty thousand pounds a year, and who commanded two or three boroughs, would no longer be able to put his younger son, his younger brother, his man of business, into Parliament, or to earn a garter or a step in the peerage by finding a seat for a Lord of the Treasury or an Attorney General. On this occasion therefore the interest of the chiefs of the aristocracy, Norfolk and Somerset, Newcastle and Bedford, Pembroke and Dorset, coincided with that of the wealthy traders of the City and of the clever young aspirants of the Temple, and was diametrically opposed to the interest of a squire of a thousand or twelve hundred a year. On the day fixed for the second reading the attendance of lords was great. Several petitions from constituent bodies, which thought it hard that a new restriction should be imposed on the exercise of the elective franchise, were presented and read. After a debate of some hours the bill was rejected by sixty-two votes to thirty-seven. 785 (#x26_x_26_i247) Only three days later, a strong party in the Commons, burning with resentment, proposed to tack the bill which the Peers had just rejected to the Land Tax Bill. This motion would probably have been carried, had not Foley gone somewhat beyond the duties of his place, and, under pretence of speaking to order, shown that such a tack would be without a precedent in parliamentary history. When the question was put, the Ayes raised so loud a cry that it was believed that they were the majority; but on a division they proved to be only a hundred and thirty-five. The Noes were a hundred and sixty-three. 786 (#x26_x_26_i250)

Other parliamentary proceedings of this session deserve mention. While the Commons were busily engaged in the great work of restoring the finances, an incident took place which seemed, during a short time, likely to be fatal to the infant liberty of the press, but which eventually proved the means of confirming that liberty. Among the many newspapers which had been established since the expiration of the censorship, was one called the Flying Post. The editor, John Salisbury, was the tool of a band of stockjobbers in the City, whose interest it happened to be to cry down the public securities. He one day published a false and malicious paragraph, evidently intended to throw suspicion on the Exchequer Bills. On the credit of the Exchequer Bills depended, at that moment, the political greatness and the commercial prosperity of the realm. The House of Commons was in a flame. The Speaker issued his warrant against Salisbury. It was resolved without a division that a bill should be brought in to prohibit the publishing of news without a license. Forty-eight hours later the bill was presented and read. But the members had now had time to cool. There was scarcely one of them whose residence in the country had not, during the preceding summer, been made more agreeable by the London journals. Meagre as those journals may seem to a person who has the Times daily on his breakfast table, they were to that generation a new and abundant source of pleasure. No Devonshire or Yorkshire gentleman, Whig or Tory, could bear the thought of being again dependent, during seven months of every year, for all information about what was doing in the world, on newsletters. If the bill passed, the sheets, which were now so impatiently expected twice a week at every country seat in the kingdom, would contain nothing but what it suited the Secretary of State to make public; they would be, in fact, so many London Gazettes; and the most assiduous reader of the London Gazette might be utterly ignorant of the most important events of his time. A few voices, however, were raised in favour of a censorship. "These papers," it was said, "frequently contain mischievous matter." "Then why are they not prosecuted?" was the answer. "Has the Attorney-General filed an information against any one of them? And is it not absurd to ask us to give a new remedy by statute, when the old remedy afforded by the common law has never been tried?" On the question whether the bill should be read a second time, the Ayes were only sixteen, the Noes two hundred. 787 (#x26_x_26_i253)

Another bill, which fared better, ought to be noticed as an instance of the slow, but steady progress of civilisation. The ancient immunities enjoyed by some districts of the capital, of which the largest and the most infamous was Whitefriars, had produced abuses which could no longer be endured. The Templars on one side of Alsatia, and the citizens on the other, had long been calling on the government and the legislature to put down so monstrous a nuisance. Yet still, bounded on the west by the great school of English jurisprudence, and on the east by the great mart of English trade, stood this labyrinth of squalid, tottering houses, close packed, every one, from cellar to cockloft, with outcasts whose life was one long war with society. The best part of the population consisted of debtors who were in fear of bailiffs. The rest were attorneys struck off the roll, witnesses who carried straw in their shoes as a sign to inform the public where a false oath might be procured for half a crown, sharpers, receivers of stolen goods, clippers of coin, forgers of bank notes, and tawdry women, blooming with paint and brandy, who, in their anger, made free use of their nails and their scissors, yet whose anger was less to be dreaded than their kindness. With these wretches the narrow alleys of the sanctuary swarmed. The rattling of dice, the call for more punch and more wine, and the noise of blasphemy and ribald song never ceased during the whole night. The benchers of the Inner Temple could bear the scandal and the annoyance no longer. They ordered the gate leading into Whitefriars to be bricked up. The Alsatians mustered in great force, attacked the workmen, killed one of them, pulled down the wall, knocked down the Sheriff who came to keep the peace, and carried off his gold chain, which, no doubt, was soon in the melting pot. The riot was not suppressed till a company of the Foot Guards arrived. This outrage excited general indignation. The City, indignant at the outrage offered to the Sheriff, cried loudly for justice. Yet, so difficult was it to execute any process in the dens of Whitefriars, that near two years elapsed before a single ringleader was apprehended. 788 (#x26_x_26_i256)

The Savoy was another place of the same kind, smaller indeed, and less renowned, but inhabited by a not less lawless population. An unfortunate tailor, who ventured to go thither for the purpose of demanding payment of a debt, was set upon by the whole mob of cheats, ruffians and courtesans. He offered to give a full discharge to his debtor and a treat to the rabble, but in vain. He had violated their franchises; and this crime was not to be pardoned. He was knocked down, stripped, tarred, feathered. A rope was tied round his waist. He was dragged naked up and down the streets amidst yells of "A bailiff! A bailiff!" Finally he was compelled to kneel down and to curse his father and mother. Having performed this ceremony he was permitted,—and the permission was blamed by many of the Savoyards,—to limp home without a rag upon him. 789 (#x26_x_26_i259) The Bog of Allen, the passes of the Grampians, were not more unsafe than this small knot of lanes, surrounded by the mansions of the greatest nobles of a flourishing and enlightened kingdom.

At length, in 1697, a bill for abolishing the franchises of these places passed both Houses, and received the royal assent. The Alsatians and Savoyards were furious. Anonymous letters, containing menaces of assassination, were received by members of Parliament who had made themselves conspicuous by the zeal with which they had supported the bill; but such threats only strengthened the general conviction that it was high time to destroy these nests of knaves and ruffians. A fortnight's grace was allowed; and it was made known that, when that time had expired, the vermin who had been the curse of London would be unearthed and hunted without mercy. There was a tumultuous flight to Ireland, to France, to the Colonies, to vaults and garrets in less notorious parts of the capital; and when, on the prescribed day, the Sheriff's officers ventured to cross the boundary, they found those streets where, a few weeks before, the cry of "A writ!" would have drawn together a thousand raging bullies and vixens, as quiet as the cloister of a cathedral. 790 (#x26_x_26_i262)

On the sixteenth of April, the King closed the session with a speech, in which he returned warm and well merited thanks to the Houses for the firmness and wisdom which had rescued the nation from commercial and financial difficulties unprecedented in our history. Before he set out for the Continent, he conferred some new honours, and made some new ministerial arrangements. Every member of the Whig junto was distinguished by some conspicuous mark of royal favour. Somers delivered up the seal, of which he was Keeper; he received it back again with the higher title of Chancellor, and was immediately commanded to affix it to a patent, by which he was created Baron Somers of Evesham. 791 (#x26_x_26_i265) Russell became Earl of Orford and Viscount Barfleur. No English title had ever before been taken from a place of battle lying within a foreign territory. But the precedent then set has been repeatedly followed; and the names of Saint Vincent, Trafalgar, Camperdown, and Douro are now borne by the successors of great commanders. Russell seems to have accepted his earldom, after his fashion, not only without gratitude, but grumblingly, and as if some great wrong had been done him. What was a coronet to him? He had no child to inherit it. The only distinction which he should have prized was the garter; and the garter had been given to Portland. Of course, such things were for the Dutch; and it was strange presumption in an Englishman, though he might have won a victory which had saved the State, to expect that his pretensions would be considered till all the Mynheers about the palace had been served. 792 (#x26_x_26_i268)

Wharton, still retaining his place of Comptroller of the Household, obtained the lucrative office of Chief Justice in Eyre, South of Trent; and his brother, Godwin Wharton, was made a Lord of the Admiralty. 793 (#x26_x_26_i271)

Though the resignation of Godolphin had been accepted in October, no new commission of Treasury was issued till after the prorogation. Who should be First Commissioner was a question long and fiercely disputed. For Montague's faults had made him many enemies, and his merits many more, Dull formalists sneered at him as a wit and poet, who, no doubt, showed quick parts in debate, but who had already been raised far higher than his services merited or than his brain would bear. It would be absurd to place such a young coxcomb, merely because he could talk fluently and cleverly, in an office on which the wellbeing of the kingdom depended. Surely Sir Stephen Fox was, of all the Lords of the Treasury, the fittest to be at the head of the Board. He was an elderly man, grave, experienced, exact, laborious; and he had never made a verse in his life. The King hesitated during a considerable time between the two candidates; but time was all in Montague's favour; for, from the first to the last day of the session, his fame was constantly rising. The voice of the House of Commons and of the City loudly designated him as preeminently qualified to be the chief minister of finance. At length Sir Stephen Fox withdrew from the competition, though not with a very good grace. He wished it to be notified in the London Gazette that the place of First Lord had been offered to him, and declined by him. Such a notification would have been an affront to Montague; and Montague, flushed with prosperity and glory, was not in a mood to put up with affronts. The dispute was compromised. Montague became First Lord of the Treasury; and the vacant seat at the Board was filled by Sir Thomas Littleton, one of the ablest and most consistent Whigs in the House of Commons. But, from tenderness to Fox, these promotions were not announced in the Gazette. 794 (#x26_x_26_i274)

Dorset resigned the office of Chamberlain, but not in ill humour, and retired loaded with marks of royal favour. He was succeeded by Sunderland, who was also appointed one of the Lords Justices, not without much murmuring from various quarters. 795 (#x26_x_26_i277) To the Tories Sunderland was an object of unmixed detestation. Some of the Whig leaders had been unable to resist his insinuating address; and others were grateful for the services which he had lately rendered to the party. But the leaders could not restrain their followers. Plain men, who were zealous for civil liberty and for the Protestant religion, who were beyond the range of Sunderland's irresistible fascination, and who knew that he had sate in the High Commission, concurred in the Declaration of Indulgence, borne witness against the Seven Bishops, and received the host from a Popish priest, could not, without indignation and shame, see him standing, with the staff in his hand, close to the throne. Still more monstrous was it that such a man should be entrusted with the administration of the government during the absence of the Sovereign. William did not understand these feelings. Sunderland was able; he was useful; he was unprincipled indeed; but so were all the English politicians of the generation which had learned, under the sullen tyranny of the Saints, to disbelieve in virtue, and which had, during the wild jubilee of the Restoration, been utterly dissolved in vice. He was a fair specimen of his class, a little worse, perhaps, than Leeds or Godolphin, and about as bad as Russell or Marlborough. Why he was to be hunted from the herd the King could not imagine.

Notwithstanding the discontent which was caused by Sunderland's elevation, England was, during this summer, perfectly quiet and in excellent temper. All but the fanatical Jacobites were elated by the rapid revival of trade and by the near prospect of peace. Nor were Ireland and Scotland less tranquil.

In Ireland nothing deserving to be minutely related had taken place since Sidney had ceased to be Lord Lieutenant. The government had suffered the colonists to domineer unchecked over the native population; and the colonists had in return been profoundly obsequious to the government. The proceedings of the local legislature which sate at Dublin had been in no respect more important or more interesting than the proceedings of the Assembly of Barbadoes. Perhaps the most momentous event in the parliamentary history of Ireland at this time was a dispute between the two Houses which was caused by a collision between the coach of the Speaker and the coach of the Chancellor. There were, indeed, factions, but factions which sprang merely from personal pretensions and animosities. The names of Whig and Tory had been carried across Saint George's Channel, but had in the passage lost all their meaning. A man who was called a Tory at Dublin would have passed at Westminster for as stanch a Whig as Wharton. The highest Churchmen in Ireland abhorred and dreaded Popery so much that they were disposed to consider every Protestant as a brother. They remembered the tyranny of James, the robberies, the burnings, the confiscations, the brass money, the Act of Attainder, with bitter resentment. They honoured William as their deliverer and preserver. Nay, they could not help feeling a certain respect even for the memory of Cromwell; for, whatever else he might have been, he had been the champion and the avenger of their race. Between the divisions of England, therefore, and the divisions of Ireland, there was scarcely any thing in common. In England there were two parties, of the same race and religion, contending with each other. In Ireland there were two castes, of different races and religions, one trampling on the other.

Scotland too was quiet. The harvest of the last year had indeed been scanty; and there was consequently much suffering. But the spirit of the nation was buoyed up by wild hopes, destined to end in cruel disappointment. A magnificent daydream of wealth and empire so completely occupied the minds of men that they hardly felt the present distress. How that dream originated, and by how terrible an awakening it was broken, will be related hereafter.

In the autumn of 1696 the Estates of Scotland met at Edinburgh. The attendance was thin; and the session lasted only five weeks. A supply amounting to little more than a hundred thousand pounds sterling was voted. Two Acts for the securing of the government were passed. One of those Acts required all persons in public trust to sign an Association similar to the Association which had been so generally subscribed in the south of the island. The other Act provided that the Parliament of Scotland should not be dissolved by the death of the King. But by far the most important event of this short session was the passing of the Act for the settling of Schools. By this memorable law it was, in the Scotch phrase, statuted and ordained that every parish in the realm should provide a commodious schoolhouse and should pay a moderate stipend to a schoolmaster. The effect could not be immediately felt. But, before one generation had passed away, it began to be evident that the common people of Scotland were superior in intelligence to the common people of any other country in Europe. To whatever land the Scotchman might wander, to whatever calling he might betake himself, in America or in India, in trade or in war, the advantage which he derived from his early training raised him above his competitors. If he was taken into a warehouse as a porter, he soon became foreman. If he enlisted in the army, he soon became a serjeant. Scotland, meanwhile, in spite of the barrenness of her soil and the severity of her climate, made such progress in agriculture, in manufactures, in commerce, in letters, in science, in all that constitutes civilisation, as the Old World had never seen equalled, and as even the New World has scarcely seen surpassed.

This wonderful change is to be attributed, not indeed solely, but principally, to the national system of education. But to the men by whom that system was established posterity owes no gratitude. They knew not what they were doing. They were the unconscious instruments of enlightening the understandings and humanising the hearts of millions. But their own understandings were as dark and their own hearts as obdurate as those of the Familiars of the Inquisition at Lisbon. In the very month in which the Act for the settling of Schools was touched with the sceptre, the rulers of the Church and State in Scotland began to carry on with vigour two persecutions worthy of the tenth century, a persecution of witches and a persecution of infidels. A crowd of wretches, guilty only of being old and miserable, were accused of trafficking with the devil. The Privy Council was not ashamed to issue a Commission for the trial of twenty-two of these poor creatures. 796 (#x26_x_26_i280) The shops of the booksellers of Edinburgh were strictly searched for heretical works. Impious books, among which the sages of the Presbytery ranked Thomas Burnet's Sacred Theory of the Earth, were strictly suppressed. 797 (#x26_x_26_i283) But the destruction of mere paper and sheepskin would not satisfy the bigots. Their hatred required victims who could feel, and was not appeased till they had perpetrated a crime such as has never since polluted the island.

A student of eighteen, named Thomas Aikenhead, whose habits were studious and whose morals were irreproachable, had, in the course of his reading, met with some of the ordinary arguments against the Bible. He fancied that he had lighted on a mine of wisdom which had been hidden from the rest of mankind, and, with the conceit from which half educated lads of quick parts are seldom free, proclaimed his discoveries to four or five of his companions. Trinity in unity, he said, was as much a contradiction as a square circle. Ezra was the author of the Pentateuch. The Apocalypse was an allegorical book about the philosopher's stone. Moses had learned magic in Egypt. Christianity was a delusion which would not last till the year 1800. For this wild talk, of which, in all probability, he would himself have been ashamed long before he was five and twenty, he was prosecuted by the Lord Advocate. The Lord Advocate was that James Stewart who had been so often a Whig and so often a Jacobite that it is difficult to keep an account of his apostasies. He was now a Whig for the third if not for the fourth time. Aikenhead might undoubtedly have been, by the law of Scotland, punished with imprisonment till he should retract his errors and do penance before the congregation of his parish; and every man of sense and humanity would have thought this a sufficient punishment for the prate of a forward boy. But Stewart, as cruel as he was base, called for blood. There was among the Scottish statutes one which made it a capital crime to revile or curse the Supreme Being or any person of the Trinity. Nothing that Aikenhead had said could, without the most violent straining, be brought within the scope of this statute. But the Lord Advocate exerted all his subtlety. The poor youth at the bar had no counsel. He was altogether unable to do justice to his own cause. He was convicted, and sentenced to be hanged and buried at the foot of the gallows. It was in vain that he with tears abjured his errors and begged piteously for mercy. Some of those who saw him in his dungeon believed that his recantation was sincere; and indeed it is by no means improbable that in him, as in many other pretenders to philosophy who imagine that they have completely emancipated themselves from the religion of their childhood, the near prospect of death may have produced an entire change of sentiment. He petitioned the Privy Council that, if his life could not be spared, he might be allowed a short respite to make his peace with the God whom he had offended. Some of the Councillors were for granting this small indulgence. Others thought that it ought not to be granted unless the ministers of Edinburgh would intercede. The two parties were evenly balanced; and the question was decided against the prisoner by the casting vote of the Chancellor. The Chancellor was a man who has been often mentioned in the course of this history, and never mentioned with honour. He was that Sir Patrick Hume whose disputatious and factious temper had brought ruin on the expedition of Argyle, and had caused not a little annoyance to the government of William. In the Club which had braved the King and domineered over the Parliament there had been no more noisy republican. But a title and a place had produced a wonderful conversion. Sir Patrick was now Lord Polwarth; he had the custody of the Great Seal of Scotland; he presided in the Privy Council; and thus he had it in his power to do the worst action of his bad life.

It remained to be seen how the clergy of Edinburgh would act. That divines should be deaf to the entreaties of a penitent who asks, not for pardon, but for a little more time to receive their instructions and to pray to Heaven for the mercy which cannot be extended to him on earth, seems almost incredible. Yet so it was. The ministers demanded, not only the poor boy's death, but his speedy death, though it should be his eternal death. Even from their pulpits they cried out for cutting him off. It is probable that their real reason for refusing him a respite of a few days was their apprehension that the circumstances of his case might be reported at Kensington, and that the King, who, while reciting the Coronation Oath, had declared from the throne that he would not be a persecutor, might send down positive orders that the sentence should not be executed. Aikenhead was hanged between Edinburgh and Leith. He professed deep repentance, and suffered with the Bible in his hand. The people of Edinburgh, though assuredly not disposed to think lightly of his offence, were moved to compassion by his youth, by his penitence, and by the cruel haste with which he was hurried out of the world. It seems that there was some apprehension of a rescue; for a strong body of fusileers was under arms to support the civil power. The preachers who were the boy's murderers crowded round him at the gallows, and, while he was struggling in the last agony, insulted Heaven with prayers more blasphemous than any thing that he had ever uttered. Wodrow has told no blacker story of Dundee. 798 (#x26_x_26_i286)

On the whole, the British islands had not, during ten years, been so free from internal troubles as when William, at the close of April 1697, set out for the Continent. The war in the Netherlands was a little, and but a little, less languid than in the preceding year. The French generals opened the campaign by taking the small town of Aeth. They then meditated a far more important conquest. They made a sudden push for Brussels, and would probably have succeeded in their design but for the activity of William. He was encamped on ground which lies within sight of the Lion of Waterloo, when he received, late in the evening, intelligence that the capital of the Netherlands was in danger. He instantly put his forces in motion, marched all night, and, having traversed the field destined to acquire, a hundred and eighteen years later, a terrible renown, and threaded the long defiles of the Forest of Soignies, he was at ten in the morning on the spot from which Brussels had been bombarded two years before, and would, if he had been only three hours later, have been bombarded again. Here he surrounded himself with entrenchments which the enemy did not venture to attack. This was the most important military event which, during that summer, took place in the Low Countries. In both camps there was an unwillingness to run any great risk on the eve of a general pacification.

Lewis had, early in the spring, for the first time during his long reign, spontaneously offered equitable and honourable conditions to his foes. He had declared himself willing to relinquish the conquests which he had made in the course of the war, to cede Lorraine to its own Duke, to give back Luxemburg to Spain, to give back Strasburg to the Empire and to acknowledge the existing government of England. 799 (#x26_x_26_i289)

Those who remembered the great woes which his faithless and merciless ambition had brought on Europe might well suspect that this unwonted moderation was not to be ascribed to sentiments of justice or humanity. But, whatever might be his motive for proposing such terms, it was plainly the interest and the duty of the Confederacy to accept them. For there was little hope indeed of wringing from him by war concessions larger than those which he now tendered as the price of peace. The most sanguine of his enemies could hardly expect a long series of campaigns as successful as the campaign of 1695. Yet in a long series of campaigns, as successful as that of 1695, the allies would hardly be able to retake all that he now professed himself ready to restore. William, who took, as usual, a clear and statesmanlike view of the whole situation, now gave his voice as decidedly for concluding peace as he had in former years given it for vigorously prosecuting the war; and he was backed by the public opinion both of England and of Holland. But, unhappily, just at the time when the two powers which alone, among the members of the coalition, had manfully done their duty in the long struggle, were beginning to rejoice in the near prospect of repose, some of those governments which had never furnished their full contingents, which had never been ready in time, which had been constantly sending excuses in return for subsidies, began to raise difficulties such as seemed likely to make the miseries of Europe eternal.

Spain had, as William, in the bitterness of his spirit, wrote to Heinsius, contributed nothing to the common cause but rodomontades. She had made no vigorous effort even to defend her own territories against invasion. She would have lost Flanders and Brabant but for the English and Dutch armies. She would have lost Catalonia but for the English and Dutch fleets. The Milanese she had saved, not by arms, but by concluding, in spite of the remonstrances of the English and Dutch governments, an ignominious treaty of neutrality. She had not a ship of war able to weather a gale. She had not a regiment that was not ill paid and ill disciplined, ragged and famished. Yet repeatedly, within the last two years, she had treated both William and the States General with an impertinence which showed that she was altogether ignorant of her place among states. She now became punctilious, demanded from Lewis concessions which the events of the war gave her no right to expect, and seemed to think it hard that allies, whom she was constantly treating with indignity, were not willing to lavish their blood and treasure for her during eight years more.

The conduct of Spain is to be attributed merely to arrogance and folly. But the unwillingness of the Emperor to consent even to the fairest terms of accommodation was the effect of selfish ambition. The Catholic King was childless; he was sickly; his life was not worth three years' purchase; and when he died, his dominions would be left to be struggled for by a crowd of competitors. Both the House of Austria and the House of Bourbon had claims to that immense heritage. It was plainly for the interest of the House of Austria that the important day, come when it might, should find a great European coalition in arms against the House of Bourbon. The object of the Emperor therefore was that the war should continue to be carried on, as it had hitherto been carried on, at a light charge to him and a heavy charge to England and Holland, not till just conditions of peace could be obtained, but simply till the King of Spain should die. "The ministers of the Emperor," William wrote to Heinsius, "ought to be ashamed of their conduct. It is intolerable that a government which is doing every thing in its power to make the negotiations fail, should contribute nothing to the common defence." 800 (#x26_x_26_i292)

It is not strange that in such circumstances the work of pacification should have made little progress. International law, like other law, has its chicanery, its subtle pleadings, its technical forms, which may too easily be so employed as to make its substance inefficient. Those litigants therefore who did not wish the litigation to come to a speedy close had no difficulty in interposing delays. There was a long dispute about the place where the conferences should be held. The Emperor proposed Aix la Chapelle. The French objected, and proposed the Hague. Then the Emperor objected in his turn. At last it was arranged that the ministers of the Allied Powers should meet at the Hague, and that the French plenipotentiaries should take up their abode five miles off at Delft. 801 (#x26_x_26_i295) To Delft accordingly repaired Harlay, a man of distinguished wit and good breeding, sprung from one of the great families of the robe; Crecy, a shrewd, patient and laborious diplomatist; and Cailleres, who, though he was named only third in the credentials, was much better informed than either of his colleagues touching all the points which were likely to be debated. 802 (#x26_x_26_i298) At the Hague were the Earl of Pembroke and Edward, Viscount Villiers, who represented England. Prior accompanied them with the rank of Secretary. At the head of the Imperial Legation was Count Kaunitz; at the head of the Spanish Legation was Don Francisco Bernardo de Quiros; the ministers of inferior rank it would be tedious to enumerate. 803 (#x26_x_26_i301)

Half way between Delft and the Hague is a village named Ryswick; and near it then stood, in a rectangular garden, which was bounded by straight canals, and divided into formal woods, flower beds and melon beds, a seat of the Princes of Orange. The house seemed to have been built expressly for the accommodation of such a set of diplomatists as were to meet there. In the centre was a large hall painted by Honthorst. On the right hand and on the left were wings exactly corresponding to each other. Each wing was accessible by its own bridge, its own gate and its own avenue. One wing was assigned to the Allies, the other to the French, the hall in the centre to the mediator. 804 (#x26_x_26_i304) Some preliminary questions of etiquette were, not without difficulty, adjusted; and at length, on the ninth of May, many coaches and six, attended by harbingers, footmen and pages, approached the mansion by different roads. The Swedish Minister alighted at the grand entrance. The procession from the Hague came up the side alley on the right. The procession from Delft came up the side alley on the left. At the first meeting, the full powers of the representatives of the belligerent governments were delivered to the mediator. At the second meeting, forty-eight hours later, the mediator performed the ceremony of exchanging these full powers. Then several meetings were spent in settling how many carriages, how many horses, how many lacqueys, how many pages, each minister should be entitled to bring to Ryswick; whether the serving men should carry canes; whether they should wear swords; whether they should have pistols in their holsters; who should take the upper hand in the public walks, and whose carriage should break the way in the streets. It soon appeared that the mediator would have to mediate, not only between the coalition and the French, but also between the different members of the coalition. The Imperial Ambassadors claimed a right to sit at the head of the table. The Spanish Ambassador would not admit this pretension, and tried to thrust himself in between two of them. The Imperial Ambassadors refused to call the Ambassadors of Electors and Commonwealths by the title of Excellency. "If I am not called Excellency," said the Minister of the Elector of Brandenburg, "my master will withdraw his troops from Hungary." The Imperial Ambassadors insisted on having a room to themselves in the building, and on having a special place assigned to their carriages in the court. All the other Ministers of the Confederacy pronounced this a most unjustifiable demand, and a whole sitting was wasted in this childish dispute. It may easily be supposed that allies who were so punctilious in their dealings with each other were not likely to be very easy in their intercourse with the common enemy. The chief business of Earlay and Kaunitz was to watch each other's legs. Neither of them thought it consistent with the dignity of the Crown which he served to advance towards the other faster than the other advanced towards him. If therefore one of them perceived that he had inadvertently stepped forward too quick, he went back to the door, and the stately minuet began again. The ministers of Lewis drew up a paper in their own language. The German statesmen protested against this innovation, this insult to the dignity of the Holy Roman Empire, this encroachment on the rights of independent nations, and would not know any thing about the paper till it had been translated from good French into bad Latin. In the middle of April it was known to every body at the Hague that Charles the Eleventh, King of Sweden, was dead, and had been succeeded by his son; but it was contrary to etiquette that any of the assembled envoys should appear to be acquainted with this fact till Lilienroth had made a formal announcement; it was not less contrary to etiquette that Lilienroth should make such an announcement till his equipages and his household had been put into mourning; and some weeks elapsed before his coachmakers and tailors had completed their task. At length, on the twelfth of June, he came to Ryswick in a carriage lined with black and attended by servants in black liveries, and there, in full congress, proclaimed that it had pleased God to take to himself the most puissant King Charles the Eleventh. All the Ambassadors then condoled with him on the sad and unexpected news, and went home to put off their embroidery and to dress themselves in the garb of sorrow. In such solemn trifling week after week passed away. No real progress was made. Lilienroth had no wish to accelerate matters. While the congress lasted, his position was one of great dignity. He would willingly have gone on mediating for ever; and he could not go on mediating, unless the parties on his right and on his left went on wrangling. 805 (#x26_x_26_i307)

In June the hope of peace began to grow faint. Men remembered that the last war had continued to rage, year after year, while a congress was sitting at Nimeguen. The mediators had made their entrance into that town in February 1676. The treaty had not been signed till February 1679. Yet the negotiation of Nimeguen had not proceeded more slowly than the negotiation of Ryswick. It seemed but too probable that the eighteenth century would find great armies still confronting each other on the Meuse and the Rhine, industrious populations still ground down by taxation, fertile provinces still lying waste, the ocean still made impassable by corsairs, and the plenipotentiaries still exchanging notes, drawing up protocols, and wrangling about the place where this minister should sit, and the title by which that minister should be called.

But William was fully determined to bring this mummery to a speedy close. He would have either peace or war. Either was, in his view, better than this intermediate state which united the disadvantages of both. While the negotiation was pending there could be no diminution of the burdens which pressed on his people; and yet he could expect no energetic action from his allies. If France was really disposed to conclude a treaty on fair terms, that treaty should be concluded in spite of the imbecility of the Catholic King and in spite of the selfish cunning of the Emperor. If France was insecure, the sooner the truth was known, the sooner the farce which was acting at Ryswick was over, the sooner the people of England and Holland,—for on them every thing depended,—were told that they must make up their minds to great exertions and sacrifices, the better.

Pembroke and Villiers, though they had now the help of a veteran diplomatist, Sir Joseph Williamson, could do little or nothing to accelerate the proceedings of the Congress. For, though France had promised that, whenever peace should be made, she would recognise the Prince of Orange as King of Great Britain and Ireland, she had not yet recognised him. His ministers had therefore had no direct intercourse with Harlay, Crecy and Cailleres. William, with the judgment and decision of a true statesman, determined to open a communication with Lewis through one of the French Marshals who commanded in the Netherlands. Of those Marshals Villeroy was the highest in rank. But Villeroy was weak, rash, haughty, irritable. Such a negotiator was far more likely to embroil matters than to bring them to an amicable settlement. Boufflers was a man of sense and temper; and fortunately he had, during the few days which he had passed at Huy after the fall of Namur, been under the care of Portland, by whom he had been treated with the greatest courtesy and kindness. A friendship had sprung up between the prisoner and his keeper. They were both brave soldiers, honourable gentlemen, trusty servants. William justly thought that they were far more likely to come to an understanding than Harlay and Kaunitz even with the aid of Lilienroth. Portland indeed had all the essential qualities of an excellent diplomatist. In England, the people were prejudiced against him as a foreigner; his earldom, his garter, his lucrative places, his rapidly growing wealth, excited envy; his dialect was not understood; his manners were not those of the men of fashion who had been formed at Whitehall; his abilities were therefore greatly underrated; and it was the fashion to call him a blockhead, fit only to carry messages. But, on the Continent, where he was judged without malevolence, he made a very different impression. It is a remarkable fact that this man, who in the drawingrooms and coffeehouses of London was described as an awkward, stupid, Hogan Mogan,—such was the phrase at that time,—was considered at Versailles as an eminently polished courtier and an eminently expert negotiator. 806 (#x26_x_26_i310) His chief recommendation however was his incorruptible integrity. It was certain that the interests which were committed to his care would be as dear to him as his own life, and that every report which he made to his master would be literally exact.

Towards the close of June Portland sent to Boufflers a friendly message, begging for an interview of half an hour. Boufflers instantly sent off an express to Lewis, and received an answer in the shortest time in which it was possible for a courier to ride post to Versailles and back again. Lewis directed the Marshal to comply with Portland's request, to say as little as possible, and to learn as much as possible. 807 (#x26_x_26_i313)

On the twenty-eighth of June, according to the Old Style, the meeting took place in the neighbourhood of Hal, a town which lies about ten miles from Brussels, on the road to Mons. After the first civilities had been exchanged, Boufflers and Portland dismounted; their attendants retired; and the two negotiators were left alone in an orchard. Here they walked up and down during two hours, and, in that time, did much more business than the plenipotentiaries at Ryswick were able to despatch in as many months. 808 (#x26_x_26_i316)

Till this time the French government had entertained a suspicion, natural indeed, but altogether erroneous, that William was bent on protracting the war, that he had consented to treat merely because he could not venture to oppose himself to the public opinion both of England and of Holland, but that he wished the negotiation to be abortive, and that the perverse conduct of the House of Austria and the difficulties which had arisen at Ryswick were to be chiefly ascribed to his machinations. That suspicion was now removed. Compliments, cold, austere and full of dignity, yet respectful, were exchanged between the two great princes whose enmity had, during a quarter of a century, kept Europe in constant agitation. The negotiation between Boufflers and Portland proceeded as fast as the necessity of frequent reference to Versailles would permit. Their first five conferences were held in the open air; but, at their sixth meeting, they retired into a small house in which Portland had ordered tables, pens, ink and paper to be placed; and here the result of their labours was reduced to writing.

The really important points which had been in issue were four. William had at first demanded two concessions from Lewis; and Lewis had demanded two concessions from William.

William's first demand was that France should bind herself to give no help or countenance, directly or indirectly, to any attempt which might be made by James, or by James's adherents, to disturb the existing order of things in England.

William's second demand was that James should no longer be suffered to reside at a place so dangerously near to England as Saint Germains.

To the first of these demands Lewis replied that he was perfectly ready to bind himself by the most solemn engagements not to assist or countenance, in any manner, any attempt to disturb the existing order of things in England; but that it was inconsistent with his honour that the name of his kinsman and guest should appear in the treaty.

To the second demand Lewis replied that he could not refuse his hospitality to an unfortunate king who had taken refuge in his dominions, and that he could not promise even to indicate a wish that James would quit Saint Germains. But Boufflers, as if speaking his own thoughts, though doubtless saying nothing but what he knew to be in conformity to his master's wishes, hinted that the matter would probably be managed, and named Avignon as a place where the banished family might reside without giving any umbrage to the English government.

Lewis, on the other side, demanded, first, that a general amnesty should be granted to the Jacobites; and secondly, that Mary of Modena should receive her jointure of fifty thousand pounds a year.

With the first of these demands William peremptorily refused to comply. He should always be ready, of his own free will, to pardon the offences of men who showed a disposition to live quietly for the future under his government; but he could not consent to make the exercise of his prerogative of mercy a matter of stipulation with any foreign power. The annuity claimed by Mary of Modena he would willingly pay, if he could only be satisfied that it would not be expended in machinations against his throne and his person, in supporting, on the coast of Kent, another establishment like that of Hunt, or in buying horses and arms for another enterprise like that of Turnham Green. Boufflers had mentioned Avignon. If James and his Queen would take up their abode there, no difficulties would be made about the jointure.

At length all the questions in dispute were settled. After much discussion an article was framed by which Lewis pledged his word of honour that he would not favour, in any manner, any attempt to subvert or disturb the existing government of England. William, in return, gave his promise not to countenance any attempt against the government of France. This promise Lewis had not asked, and at first seemed inclined to consider as an affront. His throne, he said, was perfectly secure, his title undisputed. There were in his dominions no nonjurors, no conspirators; and he did not think it consistent with his dignity to enter into a compact which seemed to imply that he was in fear of plots and insurrections such as a dynasty sprung from a revolution might naturally apprehend. On this point, however, he gave way; and it was agreed that the covenants should be strictly reciprocal. William ceased to demand that James should be mentioned by name; and Lewis ceased to demand that an amnesty should be granted to James's adherents. It was determined that nothing should be said in the treaty, either about the place where the banished King of England should reside, or about the jointure of his Queen. But William authorised his plenipotentiaries at the Congress to declare that Mary of Modena should have whatever, on examination, it should appear that she was by law entitled to have. What she was by law entitled to have was a question which it would have puzzled all Westminster Hall to answer. But it was well understood that she would receive, without any contest, the utmost that she could have any pretence for asking as soon as she and her husband should retire to Provence or to Italy. 809 (#x26_x_26_i319)

Before the end of July every thing was settled, as far as France and England were concerned. Meanwhile it was known to the ministers assembled at Ryswick that Boufflers and Portland had repeatedly met in Brabant, and that they were negotiating in a most irregular and indecorous manner, without credentials, or mediation, or notes, or protocols, without counting each other's steps, and without calling each other Excellency. So barbarously ignorant were they of the rudiments of the noble science of diplomacy that they had very nearly accomplished the work of restoring peace to Christendom while walking up and down an alley under some apple trees. The English and Dutch loudly applauded William's prudence and decision. He had cut the knot which the Congress had only twisted and tangled. He had done in a month what all the formalists and pedants assembled at the Hague would not have done in ten years. Nor were the French plenipotentiaries ill pleased. "It is curious," said Harlay, a man of wit and sense, "that, while the Ambassadors are making war, the generals should be making peace." 810 (#x26_x_26_i325) But Spain preserved the same air of arrogant listlessness; and the ministers of the Emperor, forgetting apparently that their master had, a few months before, concluded a treaty of neutrality for Italy without consulting William, seemed to think it most extraordinary that William should presume to negotiate without consulting their master. It became daily more evident that the Court of Vienna was bent on prolonging the war. On the tenth of July the French ministers again proposed fair and honourable terms of peace, but added that, if those terms were not accepted by the twenty-first of August, the Most Christian King would not consider himself bound by his offer. 811 (#x26_x_26_i328) William in vain exhorted his allies to be reasonable. The senseless pride of one branch of the House of Austria and the selfish policy of the other were proof to all argument. The twenty-first of August came and passed; the treaty had not been signed.

France was at liberty to raise her demands; and she did so. For just at this time news arrived of two great blows which had fallen on Spain, one in the Old and one in the New World. A French army, commanded by Vendome, had taken Barcelona. A French squadron had stolen out of Brest, had eluded the allied fleets, had crossed the Atlantic, had sacked Carthagena, and had returned to France laden with treasure. 812 (#x26_x_26_i331) The Spanish government passed at once from haughty apathy to abject terror, and was ready to accept any conditions which the conqueror might dictate. The French plenipotentiaries announced to the Congress that their master was determined to keep Strasburg, and that, unless the terms which he had offered, thus modified, were accepted by the tenth of September, he should hold himself at liberty to insist on further modifications. Never had the temper of William been more severely tried. He was provoked by the perverseness of his allies; he was provoked by the imperious language of the enemy. It was not without a hard struggle and a sharp pang that he made up his mind to consent to what France now proposed. But he felt that it would be utterly impossible, even if it were desirable, to prevail on the House of Commons and on the States General to continue the war for the purpose of wresting from France a single fortress, a fortress in the fate of which neither England nor Holland had any immediate interest, a fortress, too, which had been lost to the Empire solely in consequence of the unreasonable obstinacy of the Imperial Court. He determined to accept the modified terms, and directed his Ambassadors at Ryswick to sign on the prescribed day. The Ambassadors of Spain and Holland received similar instructions. There was no doubt that the Emperor, though he murmured and protested, would soon follow the example of his confederates. That he might have time to make up his mind, it was stipulated that he should be included in the treaty if he notified his adhesion by the first of November.

Meanwhile James was moving the mirth and pity of all Europe by his lamentations and menaces. He had in vain insisted on his right to send, as the only true King of England, a minister to the Congress. 813 (#x26_x_26_i334) He had in vain addressed to all the Roman Catholic princes of the Confederacy a memorial in which he adjured them to join with France in a crusade against England for the purpose of restoring him to his inheritance, and of annulling that impious Bill of Rights which excluded members of the true Church from the throne. 814 (#x26_x_26_i337) When he found that this appeal was disregarded, he put forth a solemn protest against the validity of all treaties to which the existing government of England should be a party. He pronounced all the engagements into which his kingdom had entered since the Revolution null and void. He gave notice that he should not, if he should regain his power, think himself bound by any of those engagements. He admitted that he might, by breaking those engagements, bring great calamities both on his own dominions and on all Christendom. But for those calamities he declared that he should not think himself answerable either before God or before man. It seems almost incredible that even a Stuart, and the worst and dullest of the Stuarts, should have thought that the first duty, not merely of his own subjects, but of all mankind, was to support his rights; that Frenchmen, Germans, Italians, Spaniards, were guilty of a crime if they did not shed their blood and lavish their wealth, year after year, in his cause; that the interests of the sixty millions of human beings to whom peace would be a blessing were of absolutely no account when compared with the interests of one man. 815 (#x26_x_26_i340)