There seems good reason to believe that the Duke of {104} Marlborough, by a master-stroke of treachery, avenged himself on Bolingbroke at this crisis in Bolingbroke's fortunes, and decided the flight to Paris. Bolingbroke sought out Marlborough, and appealing to the memories of their old friendship, begged for advice and assistance. Marlborough professed the utmost concern for Bolingbroke, and gave him to understand that it was agreed upon between the Ministers of the Crown and the Dutch Government that Bolingbroke was to be brought to the scaffold. Marlborough pretended to have certain knowledge of this, and he told Bolingbroke that his only chance was in flight. Bolingbroke fled, and thereby seemed to admit in advance all the accusations of his enemies and to abandon his friends to their mercy. One of Bolingbroke's biographers appears to consider that on the whole this was well done by Marlborough, and that it was only a fair retaliation on Bolingbroke. In any case, it is clear that Bolingbroke acted in strict consistency with the principles on which he had moulded his public and private life; he consulted for himself first of all. It may have been necessary for his own safety that he should fly from the threatening storm, It is certain that he had bitter and unrelenting enemies. These would not have spared him if they could have made out a case against him. No one but Bolingbroke himself could know to the full how much of a case there was against him. But his flight, if it saved himself, might have been fatal to those who were in league with him for the return of the Stuarts. If he had stood firm, it is probable that his enemies would not have been able to prevail any further against him than they were able to prevail in his absence against Harley, whom his flight so seriously compromised. Nobody needs to be told that the one last hope for conspirators whose plans are being discovered is for all in the plot to stand together or all to fly together. Bolingbroke does not seem to have given his associates any chance of considering the position and making up their minds.

[Sidenote: 1715—The Committee of Secrecy]

A committee of secrecy was struck. It was composed {105} of twenty-one members, and the hearts of Bolingbroke's friends may well have sunk within them as they studied the names upon its roll. Many of its members were conscientious Whigs—Whigs of conviction, eaten up with the zeal of their house, like James Stanhope himself, and Spencer Cowper and Lord Coningsby and young Lord Finch and Pulteney, now in his period of full devotion to Walpole. There were Whig lawyers, like Lechmere; there were steady, obtuse Whigs, like Edward Wortley Montagu, husband of the brilliant and beautiful woman whom Pope first loved and then hated. There was Aislabie, then Treasurer of the Navy, afterwards Chancellor of the Exchequer, who came to disgrace at the bursting of the South Sea Bubble, and who would at any time have elected to go with the strongest, and loved to tread the path lighted by his own impressions as to his own interests. Thomas Pitt, grandfather to the great Chatham, the "Governor Pitt" of Madras, whose diamonds were objects of admiration to Lady Mary Wortley Montagu, was a member of the committee; and so was Sir Richard Onslow, afterwards speaker of the House of Commons, and uncle of the much more celebrated "Speaker Onslow." From none of these men could Bolingbroke have much favor to expect. Those who were honest and unselfish would be ill-disposed towards him because of their honesty and unselfishness; those who were not exactly honest and certainly not unselfish, would, by reason of their character, probably be only too anxious to help the winning party to get rid of him. But the names that must have showed most formidable in the eyes of Bolingbroke and his friends were those of Robert Walpole and Richard Hampden. Two years before this time the persistent enmity of Bolingbroke had sent Walpole to the Tower, branded with the charge of corruption and expelled from the House of Commons. Now things are changed indeed. Walpole is chairman of the committee, and "Hast thou found me, oh, mine enemy?" St. John had threatened Hampden, who was a lineal descendant of the {106} Hampden of the Civil War, with the Tower, for daring to censure the Ministry of the day, and was only deterred from carrying out his threat by prudent counsellors, who showed him that Hampden would be only too proud to share Walpole's imprisonment. These were men not likely to forget or to forgive such injuries.

At first the Tories seem scarcely to have believed that the Whigs would push their policy to extremities. The eccentric Jacobite Shippen publicly scoffed at the committee, and declared in the Mouse of Commons that its investigations would vanish into smoke. Such confidence was quickly and rudely shattered. June 9th saw a memorable scene. On that day Robert Walpole, as chairman of the Committee of Secrecy, rose and told the House of Commons that he had to present a report, but that he was commanded by the committee to move in the first instance that a warrant be issued by the Speaker to apprehend several persons who should be named by him, and that meantime no member be permitted to leave the House. Thereupon the lobbies were cleared of all strangers, and the Sergeant-at-arms stood at the door in order to prevent any member from going out. Then Walpole named Mr. Matthew Prior, Mr. Thomas Harley, and other persons, and the Speaker issued his warrant for their arrest. Mr. Prior was arrested at once; Mr. Harley a few hours afterwards.

[Sidenote: 1715—"Most contagious treason">[

Prior was the poet, the friend and correspondent of Bolingbroke. He had been much engaged in the negotiations for the Treaty of Utrecht, and had at one time actually held the rank of English Envoy. He had but lately returned from Paris; had arrived in London just before Bolingbroke's flight. Thomas Harley, cousin of Lord Oxford, had also been concerned in the negotiations in a less formal and more underhand sort of way. When the arrests had been ordered, Walpole informed the House that the Committee of Secrecy had agreed upon their report, and had commanded him to submit it to the House of Commons. The report, which Walpole himself, as {107} chairman of the committee, had drawn up, was a document of great length; it occupied many hours in the reading. But the time could not have seemed tedious to those who listened. The report was an indictment and a State paper combined. It arrayed with the utmost skill all the evidences and arguments, all the facts and all the passages of correspondence, necessary to make out a case against the accused statesmen. It carried with it, beyond question, the complete historical condemnation of Oxford and Bolingbroke in all that related to the Treaty of Utrecht. Never was it more conclusively established for the historian that Ministers of State had used the basest means to bring about the basest objects. It was made clear as light that the national interests and the national honor had been sacrificed for partisan and for personal purposes. Objects in themselves criminal for statesmen to aim at had been sought by means which would have been shameful even if employed for justifiable ends. Had Bolingbroke and Oxford been endeavoring to save the State by the arts which they employed to sacrifice it, their conduct would have called for the condemnation of all honest men. But as regards the transactions with James Stuart there was ample ground shown for suspicion, there was good reason to conjecture or to infer, but there was no positive evidence of intended treason. A historian reading over the report would in all probability come to the conclusion that Oxford and Bolingbroke had been plotting with James Stuart, but he would not see in it satisfactory grounds for an impeachment. No jury would convict on such evidence; no jury probably would even leave the box for the purpose of considering their verdict. In the course of the events that were soon to follow it was placed beyond any doubt that Bolingbroke and Oxford had all along been trying to arrange for the return of the Stuarts. They were not driven to throw themselves in despair into the Stuart cause by reason of harsh proceedings taken against them by their enemies in England; they had been "pipe-laying," to use an expressive {108} American word, for the Stuart restoration during all the closing years of Queen Anne's reign. The reader must decide for himself as to the degree of moral or political guilt involved in such transactions. It has to be remembered that nearly half—some still say more than half—of the population of these countries was in favor of such a restoration, and that Anne herself unquestionably leaned to the same view. What is certain is that Oxford and Bolingbroke were planning for it. But what seems equally clear is that the report of the Secret Committee did not contain satisfactory evidence on which to sustain a charge of treason. Swift is not a trustworthy witness on these subjects, but he is quite right when he says that the allegations were "more proper materials to furnish out a pamphlet than an impeachment."

[Sidenote: 1715—"An intricate impeach is this!">[

Bolingbroke's friends must have felt deeply grieved at his flight when they heard the statement of the case against him. Even as regards the Treaty of Utrecht, it seems questionable whether the historical conviction assuredly obtained against him by the contents of the report would, in the existing condition of politics and parties, have been followed by any sort of judicial conviction, whether in a court of law or a trial by Parliament.

The day after the reading of the report gave Walpole his long-desired revenge; he impeached Bolingbroke of high-treason. There was a dead silence in the House when he had finished. Then two of Bolingbroke's friends, Mr. Hungerford and General Ross, mustered up courage to speak a few words for their lost leader. The star of the morning, the Tory Lucifer, had fallen indeed! Lord Coningsby got up and made a clever little set speech. Walpole had impeached the hand, and Lord Coningsby impeached the head; Walpole had impeached the clerk, and Coningsby impeached the justice; Walpole had impeached the scholar, and Coningsby impeached the master. This head, this justice, this master, was, of course, the Lord Oxford. As a piece of dramatic declamation {109} Coningsby's impeachment was telling enough; as a historical presentation of the case against the two men it was absurd. Through all Anne's later years Oxford had been nothing and Bolingbroke everything. On the very eve of the Queen's death Bolingbroke had secured his triumph over his former friend by driving Oxford out of all office. Had Oxford been first impeached, and the speech of Lord Coningsby been aimed at Bolingbroke, it would have been strikingly appropriate; as it was, it became meaningless rhetoric. Next day Oxford went to the House of Lords, and tried to appear cool and unconcerned, but, according to a contemporary account, "finding that most members avoided sitting near him, and that even the Earl Powlet was shy of exchanging a few words with him, he was dashed out of countenance, and retired out of the House."

Impeachments were now the order of the day. The loyal Whigs of the Commons were incessantly passing between the Upper House and the Lower with articles of impeachment, and still further articles when the first were not found to be strong enough for the purpose. Stanhope impeached the Duke of Ormond; Aislabie impeached Lord Strafford—not of high-treason, but of high crimes and misdemeanors; Strafford was accused of being not only "the tool of a Frenchified ministry," but the adviser of most pernicious measures. Strafford's part in the negotiations had not been one of any considerable importance. He had been sent as English Plenipotentiary to the Congress at Utrecht. Associated with him as Second Plenipotentiary was Dr. John Robinson, then Bishop of Bristol, and more lately made Bishop of London, the churchman on whom the office of the Privy Seal had been conferred by Harley, to the great anger of the Whigs. It was said that Strafford, in his high and mighty way, had refused flatly to accept a mere poet like Prior for his official colleague. Strafford had, in reality, little or nothing to do with the making of the Treaty. The negotiations were carried on between Bolingbroke and {110} the Marquis de Torcy, French Secretary of State and nephew of the great Colbert; and when these wanted agents they employed men more clever and less pompous than Strafford. Aislabie, in bringing on his motion, drew a curious distinction between Strafford and Strafford's official colleague. "The good and pious Prelate," he said, had been only a cipher, and "seemed to have been put at the head of that negotiation only to palliate the iniquity of it under the sacredness of his character." He was glad, therefore, that nothing could be charged upon the Bishop, and complacently observed that the course taken with regard to Dr. Robinson, who was not to be impeached, "ought to convince the world that the Church was not in danger." There was some wisdom as well as wit in a remark made thereupon by a member of the House in opposing the motion—"the Bishop, it seems, is to have the benefit of clergy."