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

by Baron Thomas Babington Macaulay Macaulay

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 Holland on his way to his native mountains.

The flight of this man made it impossible for the Commons to proceed. They vehemently accused Leeds of having sent away the witness who alone could furnish legal proof of that which was already established by moral proof. Leeds, now at ease as to the event of the impeachment, gave himself the airs of an injured man. "My Lords," he said, "the conduct of the Commons is without precedent. They impeach me of a high crime; they promise to prove it; then they find that they have not the means of proving it; and they revile me for not supplying them with the means. Surely they ought not to have brought a charge like this, without well considering whether they had or had not evidence sufficient to support it. If Robart's testimony be, as they now say, indispensable, why did they not send for him and hear his story before they made up their minds? They may thank their own intemperance, their own precipitancy, for his disappearance. He is a foreigner; he is timid; he hears that a transaction in which he has been concerned has been pronounced by the House of Commons to be highly criminal, that his master is impeached, that his friend Bates is in prison, that his own turn is coming. He naturally takes fright; he escapes to his own country; and, from what I know of him, I will venture to predict that it will be long before he trusts himself again within reach of the Speaker's warrant. But what is that to me? Am I to lie all my life under the stigma of an accusation like this, merely because the violence of my accusers has scared their own witness out of England? I demand an immediate trial. I move your Lordships to resolve that, unless the Commons shall proceed before the end of the session, the impeachment shall be dismissed." A few friendly voices cried out "Well moved." But the Peers were generally unwilling to take a step which would have been in the highest degree offensive to the Lower House, and to the great body of those whom that House represented. The Duke's motion fell to the ground; and a few hours later the Parliament was prorogued. [584]

The impeachment was never revived. The evidence which would warrant a formal verdict of guilty was not forthcoming; and a formal verdict of guilty would hardly have answered Wharton's purpose better than the informal verdict of guilty which the whole nation had already pronounced. The work was done. The Whigs were dominant. Leeds was no longer chief minister, was indeed no longer a minister at all. William, from respect probably for the memory of the beloved wife whom he had lately lost, and to whom Leeds had shown peculiar attachment, avoided every thing that could look like harshness. The fallen statesman was suffered to retain during a considerable time the title of Lord President, and to walk on public occasions between the Great Seal and the Privy Seal. But he was told that he would do well not to show himself at Council; the business and the patronage even of the department of which he was the nominal head passed into other hands; and the place which he ostensibly filled was considered in political circles as really vacant. [585]

He hastened into the country, and hid himself there, during some months, from the public eye. When the Parliament met again, however, he emerged from his retreat. Though he was well stricken in years and cruelly tortured by disease, his ambition was still as ardent as ever. With indefatigable energy he began a third time to climb, as he flattered himself, towards that dizzy pinnacle which he had twice reached, and from which he had twice fallen. He took a prominent part in debate; but, though his eloquence and knowledge always secured to him the attention of his hearers, he was never again, even when the Tory party was in power, admitted to the smallest share in the direction of affairs.

There was one great humiliation which he could not be spared. William was about to take the command of the army in the Netherlands; and it was necessary that, before he sailed, he should determine by whom the government should be administered during his absence. Hitherto Mary had acted as his vicegerent when he was out of England; but she was gone. He therefore delegated his authority to seven Lords Justices, Tenison, Archbishop of Canterbury, Somers, Keeper of the Great Seal, Pembroke, Keeper of the Privy Seal, Devonshire, Lord Steward, Dorset, Lord Chamberlain, Shrewsbury, Secretary of State, and Godolphin, First Commissioner of the Treasury. It is easy to judge from this list of names which way the balance of power was now leaning. Godolphin alone of the seven was a Tory. The Lord President, still second in rank, and a few days before first in power, of the great lay dignitaries of the realm, was passed over; and the omission was universally regarded as an official announcement of his disgrace. [586]

There were some who wondered that the Princess of Denmark was not appointed Regent. The reconciliation, which had been begun while Mary was dying, had since her death been, in external show at least, completed. This was one of those occasions on which Sunderland was peculiarly qualified to be useful. He was admirably fitted to manage a personal negotiation, to soften resentment, to soothe wounded pride, to select, among all the objects of human desire, the very bait which was most likely to allure the mind with which he was dealing. On this occasion his task was not difficult. He had two excellent assistants, Marlborough in the household of Anne, and Somers in the cabinet of William.

Marlborough was now as desirous to support the government as he had once been to subvert it. The death of Mary had produced a complete change in all his schemes. There was one event to which he looked forward with the most intense longing, the accession of the Princess to the English throne. It was certain that, on the day on which she began to reign, he would be in her Court all that Buckingham had been in the Court of James the First. Marlborough too must have been conscious of powers of a very different order from those which Buckingham had possessed, of a genius for politics not inferior to that of Richelieu, of a genius for war not inferior to that of Turenne. Perhaps the disgraced General, in obscurity and inaction, anticipated the day when his power to help and hurt in Europe would be equal to that of her mightiest princes, when he would be servilely flattered and courted by Caesar on one side and by Lewis the Great on the other, and when every year would add another hundred thousand pounds to the largest fortune that had ever been accumulated by any English subject. All this might be if Mrs. Morley were Queen. But that Mr. Freeman should ever see Mrs. Morley Queen had till lately been not very probable. Mary's life was a much better life than his, and quite as good a life as her sister's. That William would have issue seemed unlikely. But it was generally expected that he would soon die. His widow might marry again, and might leave children who would succeed her. In these circumstances Marlborough might well think that he had very little interest in maintaining that settlement of the Crown which had been made by the Convention. Nothing was so likely to serve his purpose as confusion, civil war, another revolution, another abdication, another vacancy of the throne. Perhaps the nation, incensed against William, yet not reconciled to James, and distracted between hatred of foreigners and hatred of Jesuits, might prefer both to the Dutch King and to the Popish King one who was at once a native of our country and a member of our Church. That this was the real explanation of Marlborough's dark and complicated plots was, as we have seen, firmly believed by some of the most zealous Jacobites, and is in the highest degree probable. It is certain that during several years he had spared no efforts to inflame the army and the nation against the government. But all was now changed. Mary was gone. By the Bill of Rights the Crown was entailed on Anne after the death of William. The death of William could not be far distant. Indeed all the physicians who attended him wondered that he was still alive; and, when the risks of war were added to the risks of disease, the probability seemed to be that in a few months he would be in his grave. Marlborough saw that it would now be madness to throw every thing into disorder and to put every thing to hazard. He had done his best to shake the throne while it seemed unlikely that Anne would ever mount it except by violent means. But he did his best to fix it firmly, as soon as it became highly probably that she would soon be called to fill it in the regular course of nature and of law.