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

of England. "Instead of this cruel bill," he said, "pass a bill of indemnity; and I will tell you all." The Lords thought his request not altogether unreasonable. After some communication with the Commons, it was determined that a joint committee of the two Houses should be appointed to inquire into the manner in which the secret service money of the East India Company had been expended; and an Act was rapidly passed providing that, if Cook would make to this committee a true and full discovery, he should be indemnified for the crimes which he might confess; and that, till he made such a discovery, he should remain in the Tower. To this arrangement Leeds gave in public all the opposition that he could with decency give. In private those who were conscious of guilt employed numerous artifices for the purpose of averting inquiry. It was whispered that things might come out which every good Englishman would wish to hide, and that the greater part of the enormous sums which had passed through Cook's hands had been paid to Portland for His Majesty's use. But the Parliament and the nation were determined to know the truth, whoever might suffer by the disclosure.579

As soon as the Bill of Indemnity had received the royal assent, the joint committee, consisting of twelve lords and twenty-four members of the House of Commons, met in the Exchequer Chamber. Wharton was placed in the chair; and in a few hours great discoveries were made.

The King and Portland came out of the inquiry with unblemished honour. Not only had not the King taken any part of the secret service money dispensed by Cook; but he had not, during some years, received even the ordinary present which the Company had, in former reigns, laid annually at the foot of the throne. It appeared that not less than fifty thousand pounds had been offered to Portland, and rejected. The money lay during a whole year ready to be paid to him if he should change his mind. He at length told those who pressed this immense bribe on him, that if they persisted in insulting him by such an offer, they would make him an enemy of their Company. Many people wondered at the probity which he showed on this occasion, for he was generally thought interested and grasping. The truth seems to be that he loved money, but that he was a man of strict integrity and honour. He took, without scruple, whatever he thought that he could honestly take, but was incapable of stooping to an act of baseness. Indeed, he resented as affronts the compliments which were paid him on this occasion.580 The integrity of Nottingham could excite no surprise. Ten thousand pounds had been offered to him, and had been refused. The number of cases in which bribery was fully made out was small. A large part of the sum which Cook had drawn from the Company's treasury had probably been embezzled by the brokers whom he had employed in the work of corruption; and what had become of the rest it was not easy to learn from the reluctant witnesses who were brought before the committee. One glimpse of light however was caught; it was followed; and it led to a discovery of the highest moment. A large sum was traced from Cook to an agent named Firebrace, and from Firebrace to another agent named Bates, who was well known to be closely connected with the High Church party and especially with Leeds. Bates was summoned, but absconded; messengers were sent in pursuit of him; he was caught, brought into the Exchequer Chamber and sworn. The story which he told showed that he was distracted between the fear of losing his ears and the fear of injuring his patron. He owned that he had undertaken to bribe Leeds, had been for that purpose furnished with five thousand five hundred guineas, had offered those guineas to His Grace, and had, by His Grace's permission, left them at His Grace's house in the care of a Swiss named Robart, who was His Grace's confidential man of business. It should seem that these facts admitted of only one interpretation. Bates however swore that the Duke had refused to accept a farthing. "Why then," it was asked, "was the gold left, by his consent, at his house and in the hands of his servant?" "Because," answered Bates, "I am bad at telling coin. I therefore begged His Grace to let me leave the pieces, in order that Robart might count them for me; and His Grace was so good as to give leave." It was evident that, if this strange story had been true, the guineas would, in a few hours, have been taken-away. But Bates was forced to confess that they had remained half a year where he had left them. The money had indeed at last,-and this was one of the most suspicious circumstances in the case,-been paid back by Robart on the very morning on which the committee first met in the Exchequer Chamber. Who could believe that, if the transaction had been free from all taint of corruption, the guineas would have been detained as long as Cook was able to remain silent, and would have been refunded on the very first day on which he was under the necessity of speaking out?581

A few hours after the examination of Bates, Wharton reported to the Commons what had passed in the Exchequer Chamber. The indignation was general and vehement. "You now understand," said Wharton, "why obstructions have been thrown in our way at every step, why we have had to wring out truth drop by drop, why His Majesty's name has been artfully used to prevent us from going into an inquiry which has brought nothing to light but what is to His Majesty's honour. Can we think it strange that our difficulties should have been great, when we consider the power, the dexterity, the experience of him who was secretly thwarting us? It is time for us to prove signally to the world that it is impossible for any criminal to double so cunningly that we cannot track him, or to climb so high that we cannot reach him. Never was there a more flagitious instance of corruption. Never was there an offender who had less claim to indulgence. The obligations which the Duke of Leeds has to his country are of no common kind. One great debt we generously cancelled; but the manner in which our generosity has been requited forces us to remember that he was long ago impeached for receiving money from France. How can we be safe while a man proved to be venal has access to the royal ear? Our best laid enterprises have been defeated. Our inmost counsels have been betrayed. And what wonder is it? Can we doubt that, together with this home trade in charters, a profitable foreign trade in secrets is carried on? Can we doubt that he who sells us to one another will, for a good price, sell us all to the common enemy?" Wharton concluded by moving that Leeds should be impeached of high crimes and misdemeanours.582

Leeds had many friends and dependents in the House of Commons; but they could say little. Wharton's motion was carried without a division; and he was ordered to go to the bar of the Lords, and there, in the name of the Commons of England, to impeach the Duke. But, before this order could be obeyed, it was announced that His Grace was at the door and requested an audience.

While Wharton had been making his report to the Commons, Leeds had been haranguing the Lords. He denied with the most solemn asseverations that he had taken any money for himself. But he acknowledged, and indeed almost boasted, that he had abetted Bates in getting money from the Company, and seemed to think that this was a service which any man in power might be reasonably expected to render to a friend. Too many persons, indeed, in that age made a most absurd and pernicious distinction between a minister who used his influence to obtain presents for himself and a minister who used his influence to obtain presents for his dependents. The former was corrupt; the latter was merely goodnatured. Leeds proceeded to tell with great complacency a story about himself, which would, in our days, drive a public man, not only out of office, but out of the society of gentlemen. "When I was Treasurer, in King Charles's time, my Lords, the excise was to be farmed. There were several bidders. Harry Savile, for whom I had a great value, informed me that they had asked for his interest with me, and begged me to tell them that he had done his best for them. 'What!' said I; 'tell them all so, when only one can have the farm?' 'No matter;' said Harry: 'tell them all so; and the one who gets the farm will think that he owes it to me.' The gentlemen came. I said to every one of them separately, 'Sir, you are much obliged to Mr. Savile;' 'Sir, Mr. Savile has been much your friend.' In the end Harry got a handsome present; and I wished him good luck with it. I was his shadow then. I am Mr. Bates's shadow now."

The Duke had hardly related this anecdote, so strikingly illustrative of the state of political morality in that generation, when it was whispered to him that a motion to impeach him had been made in the House of Commons. He hastened thither; but, before he arrived, the question had been put and carried. Nevertheless he pressed for admittance; and he was admitted. A chair, according to ancient usage, was placed for him within the bar; and he was informed that the House was ready to hear him.

He spoke, but with less tact and judgment than usual. He magnified his own public services. But for him, he said, there would have been no House of Commons to impeach him; a boast so extravagant that it naturally made his hearers unwilling to allow him the praise which his conduct at the time of the Revolution really deserved. As to the charge against him he said little more than that he was innocent, that there had long been a malicious design to ruin him, that he would not go into particulars, that the facts which had been proved would bear two constructions, and that of the two constructions the most favourable ought in candour to be adopted. He withdrew, after praying the House to reconsider the vote which had just been passed, or, if that could not be, to let him have speedy justice.

His friends felt that his speech was no defence, and did not attempt to rescind the resolution which had been carried just before he was heard. Wharton, with a large following, went up to the Lords, and informed them that the Commons had resolved to impeach the Duke. A committee of managers was appointed to draw up the articles and to prepare the evidence.583

The articles were speedily drawn; but to the chain of evidence one link appeared to be wanting. That link Robart, if he had been severely examined and confronted with other witnesses, would in all probability have been forced to supply. He was summoned to the bar of the Commons. A messenger went with the summons to the house of the Duke of Leeds, and was there informed that the Swiss was not within, that he had been three days absent, and that where he was the porter could not tell. The Lords immediately presented an address to the King, requesting him to give orders that the ports might be stopped and the fugitive arrested. But Robart was already in