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

any political party. Some of them fell in with Marlborough near Saint Albans, and, notwithstanding his known hostility to the Court and his recent imprisonment, compelled him to deliver up five hundred guineas, which he doubtless never ceased to regret to the last moment of his long career of prosperity and glory.335

When William, on his return from the Continent, learned to what an extent these outrages were carried, he expressed great indignation, and announced his resolution to put down the malefactors with a strong hand. A veteran robber was induced to turn informer, and to lay before the King a list of the chief highwaymen, and a full account of their habits and of their favourite haunts. It was said that this list contained not less than eighty names.336 Strong parties of cavalry were sent out to protect the roads; and this precaution, which would, in ordinary circumstances, have excited much murmuring, seems to have been generally approved. A fine regiment, now called the Second Dragoon Guards, which had distinguished itself in Ireland by activity and success in the irregular war against the Rapparees, was selected to guard several of the great avenues of the capital. Blackheath, Barnet, Hounslow, became places of arms.337 In a few weeks the roads were as safe as usual. The executions were numerous for, till the evil had been suppressed, the King resolutely refused to listen to any solicitations for mercy.338 Among those who suffered was James Whitney, the most celebrated captain of banditti in the kingdom. He had been, during some months, the terror of all who travelled from London either northward or westward, and was at length with difficulty secured after a desperate conflict in which one soldier was killed and several wounded.339 The London Gazette announced that the famous highwayman had been taken, and invited all persons who had been robbed by him to repair to Newgate and to see whether they could identify him. To identify him should have been easy; for he had a wound in the face, and had lost a thumb.340 He, however, in the hope of perplexing the witnesses for the Crown, expended a hundred pounds in procuring a sumptuous embroidered suit against the day of trial. This ingenious device was frustrated by his hardhearted keepers. He was put to the bar in his ordinary clothes, convicted and sentenced to death.341 He had previously tried to ransom himself by offering to raise a fine troop of cavalry, all highwaymen, for service in Flanders; but his offer had been rejected.342 He had one resource still left. He declared that he was privy to a treasonable plot. Some Jacobite lords had promised him immense rewards if he would, at the head of his gang, fall upon the King at a stag hunt in Windsor Forest. There was nothing intrinsically improbable in Whitney's story. Indeed a design very similar to that which he imputed to the malecontents was, only three years later, actually formed by some of them, and was all but carried into execution. But it was far better that a few bad men should go unpunished than that all honest men should live in fear of being falsely accused by felons sentenced to the gallows. Chief Justice Holt advised the King to let the law take its course. William, never much inclined to give credit to stories about conspiracies, assented. The Captain, as he was called, was hanged in Smithfield, and made a most penitent end.343

Meanwhile, in the midst of discontent, distress and disorder, had begun a session of Parliament singularly eventful, a session from which dates a new era in the history of English finance, a session in which some grave constitutional questions, not yet entirely set at rest, were for the first time debated.

It is much to be lamented that any account of this session which can be framed out of the scanty and dispersed materials now accessible must leave many things obscure. The relations of the parliamentary factions were, during this year, in a singularly complicated state. Each of the two Houses was divided and subdivided by several lines. To omit minor distinctions, there was the great line which separated the Whig party from the Tory party; and there was the great line which separated the official men and their friends and dependents, who were sometimes called the Court party, from those who were sometimes nicknamed the Grumbletonians and sometimes honoured with the appellation of the Country party. And these two great lines were intersecting lines. For of the servants of the Crown and of their adherents about one half were Whigs and one half Tories. It is also to be remembered that there was, quite distinct from the feud between Whigs and Tories, quite distinct also from the feud between those who were in and those who were out, a feud between the Lords as Lords and the Commons as Commons. The spirit both of the hereditary and of the elective chamber had been thoroughly roused in the preceding session by the dispute about the Court of the Lord High Steward; and they met in a pugnacious mood.

The speech which the King made at the opening of the session was skilfully framed for the purpose of conciliating the Houses. He came, he told them, to ask for their advice and assistance. He congratulated them on the victory of La Hogue. He acknowledged with much concern that the operations of the allies had been less successful by land than by sea; but he warmly declared that, both by land and by sea, the valour of his English subjects had been preeminently conspicuous. The distress of his people, he said, was his own; his interest was inseparable from theirs; it was painful to him to call on them to make sacrifices; but from sacrifices which were necessary to the safety of the English nation and of the Protestant religion no good Englishman and no good Protestant would shrink.344

The Commons thanked the King in cordial terms for his gracious speech.345 But the Lords were in a bad humour. Two of their body, Marlborough and Huntingdon, had, during the recess, when an invasion and an insurrection were hourly expected, been sent to the Tower, and were still under recognisances. Had a country gentleman or a merchant been taken up and held to bail on even slighter grounds at so alarming a crisis, the Lords would assuredly not have interfered. But they were easily moved to anger by any thing that looked like an indignity offered to their own order. They not only crossexamined with great severity Aaron Smith, the Solicitor of the Treasury, whose character, to say the truth, entitled him to little indulgence, but passed; by thirty- five votes to twenty-eight, a resolution implying a censure on the judges of the King's Bench, men certainly not inferior in probity, and very far superior in legal learning, to any peer of the realm. The King thought it prudent to soothe the wounded pride of the nobility by ordering the recognisances to be cancelled; and with this concession the House was satisfied, to the great vexation of the Jacobites, who had hoped that the quarrel would be prosecuted to some fatal issue, and who, finding themselves disappointed, vented their spleen by railing at the tameness of the degenerate barons of England.346

Both Houses held long and earnest deliberations on the state of the nation. The King, when he requested their advice, had, perhaps, not foreseen that his words would be construed into an invitation to scrutinise every part of the administration, and to offer suggestions touching matters which parliaments have generally thought it expedient to leave entirely to the Crown. Some of the discontented peers proposed that a Committee, chosen partly by the Lords and partly by the Commons, should be authorised to inquire into the whole management of public affairs. But it was generally apprehended that such a Committee would become a second and more powerful Privy Council, independent of the Crown, and unknown to the Constitution. The motion was therefore rejected by forty-eight votes to thirty-six. On this occasion the ministers, with scarcely an exception, voted in the majority. A protest was signed by eighteen of the minority, among whom were the bitterest Whigs and the bitterest Tories in the whole peerage.347

The Houses inquired, each for itself, into the causes of the public calamities. The Commons resolved themselves into a Grand Committee to consider of the advice to be given to the King. From the concise abstracts and fragments which have come down to us it seems that, in this Committee, which continued to sit many days, the debates wandered over a vast space. One member spoke of the prevalence of highway robbery; another deplored the quarrel between the Queen and the Princess, and proposed that two or three gentlemen should be deputed to wait on Her Majesty and try to make matters up. A third described the machinations of the Jacobites in the preceding spring. It was notorious, he said, that preparations had been made for a rising, and that arms and horses had been collected; yet not a single traitor had been brought to justice.348

The events of the war by land and sea furnished matter for several earnest debates. Many members complained of the preference given to aliens over Englishmen. The whole battle of Steinkirk was fought over again; and severe reflections were thrown on Solmes. "Let English soldiers be commanded by none but English generals," was the almost universal cry. Seymour, who had once been distinguished by his hatred of the foreigners, but who, since he had been at the Board of Treasury, had reconsidered his opinions, asked where English generals were to be found. "I have no love for foreigners as foreigners; but we have no choice. Men are not born generals; nay, a man may be a very valuable captain or major, and not be equal to the conduct of an army. Nothing but experience will form great commanders. Very few of our countrymen have that experience; and therefore we must for the present employ strangers." Lowther followed on the same side. "We have had a long peace; and the consequence is that we have not a sufficient supply of officers fit for high commands. The parks and the camp at Hounslow were very poor military schools, when compared with the fields of battle and the lines of contravallation in which the great commanders of the continental nations have learned their art." In reply to these arguments an orator on the other side was so absurd as to declare that he could point out ten Englishmen who, if they were in the French service, would be made Marshals. Four or five colonels who had been at Steinkirk took part in the debate. It was said of them that they showed as much modesty in speech as they had shown courage in action; and, from the very imperfect report which has come down to us, the compliment seems to have been not undeserved. They did not join in the vulgar cry against the Dutch. They spoke well of the foreign officers generally, and did full justice to the valour and conduct with which Auverquerque had rescued the shattered remains of Mackay's division from what seemed certain destruction. But in defence of Solmes not a word was said. His severity, his haughty manners, and, above all, the indifference with which he had looked on while the English, borne down by overwhelming numbers, were fighting hand to hand with the French household troops, had made him so odious that many members were prepared to vote for an address requesting that he might be removed, and that his place might be filled by Talmash, who, since the disgrace of Marlborough, was universally allowed to be the best officer in the army. But Talmash's friends judiciously interfered. "I have," said one of