The History of England, from the Accession of James the Second - Volume 4, Thomas Babington Macaulay [early readers .txt] 📗

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

The King's speech, the joint address of both Houses, the Association framed by the Commons, and a proclamation, containing a list of the conspirators and offering a reward of a thousand pounds for the apprehension of any one of them, were soon cried in all the streets of the capital and carried out by all the postbags. Wherever the news came it raised the whole country. Those two hateful words, assassination and invasion, acted like a spell. No impressment was necessary. The seamen came forth from their hiding places by thousands to man the fleet. Only three days after the King had appealed to the nation, Russell sailed out of the Thames with one great squadron. Another was ready for action at Spithead. The militia of all the maritime counties from the Wash to the Land's End was under arms. For persons accused of offences merely political there was generally much sympathy. But Barclay's assassins were hunted like wolves by the whole population. The abhorrence which the English have, through many generations, felt for domiciliary visits, and for all those impediments which the police of continental states throws in the way of travellers, was for a time suspended. The gates of the City of London were kept many hours closed while a strict search was made within. The magistrates of almost every walled town in the kingdom followed the example of the capital. On every highway parties of armed men were posted with orders to stop passengers of suspicious appearance. During a few days it was hardly possible to perform a journey without a passport, or to procure posthorses without the authority of a justice of the peace. Nor was any voice raised against these precautions. The common people indeed were, if possible, more eager than the public functionaries to bring the traitors to justice. This eagerness may perhaps be in part ascribed to the great rewards promised by the royal proclamation. The hatred which every good Protestant felt for Popish cutthroats was not a little strengthened by the songs in which the street poets celebrated the lucky hackney coachman who had caught his traitor, had received his thousand pounds, and had set up as a gentleman.673 The zeal of the populace could in some places hardly be kept within the limits of the law. At the country seat of Parkyns in Warwickshire, arms and accoutrements sufficient to equip a troop of cavalry were found. As soon as this was known, a furious mob assembled, pulled down the house and laid the gardens utterly waste.674 Parkyns himself was tracked to a garret in the Temple. Porter and Keyes, who had fled into Surrey, were pursued by the hue and cry, stopped by the country people near Leatherhead, and, after some show of resistance, secured and sent to prison. Friend was found hidden in the house of a Quaker. Knightley was caught in the dress of a fine lady, and recognised in spite of his patches and paint. In a few days all the chief conspirators were in custody except Barclay, who succeeded in making his escape to France.

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

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

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

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

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

Indeed Charnock, in another paper, which is still in existence, but has never been printed, held very different language. He plainly said that, for reasons too obvious to be mentioned, he could not tell the whole truth in the paper which be had delivered to the Sheriffs. He acknowledged that the plot in which he had been engaged seemed, even to many loyal subjects, highly criminal. They called him assassin and murderer. Yet what had he done more than had been done by Mucius Scaevola? Nay, what had he done more than had been