The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) 📕

affairs, had, one by one, been dismissed. Nottingham, Trevor, Leeds, were no longer in power. Pembroke could hardly be called a Tory, and had never been really in power. But Godolphin still retained his post at Whitehall; and to the men of the Revolution it seemed intolerable that one who had sate at the Council Board of Charles and James, and who had voted for a Regency, should be the principal minister of finance. Those who felt thus had learned with malicious delight that the First Lord of the Treasury was named in the confession about which all the world was talking; and they were determined not to let slip so good an opportunity of ejecting him from office. On the other hand, every body who had seen Fenwick's paper, and who had not, in the drunkenness of factious animosity, lost all sense of reason and justice, must have felt that it was impossible to make a distinction between two parts of that paper, and to treat all that related to Shrewsbury and Russell as false, and all that related to Godolphin as true. This was acknowledged even by Wharton, who of all public men was the least troubled by scruples or by shame.748 If Godolphin had stedfastly refused to quit his place, the Whig leaders would have been in a most embarrassing position. But a politician of no common dexterity undertook to extricate them from their difficulties. In the art of reading and managing the minds of men Sunderland had no equal; and he was, as he had been during several years, desirous to see all the great posts in the kingdom filled by Whigs. By his skilful management Godolphin was induced to go into the royal closet, and to request permission to retire from office; and William granted that permission with a readiness by which Godolphin was much more surprised than pleased.749

One of the methods employed by the Whig junto, for the purpose of instituting and maintaining through all the ranks of the Whig party a discipline never before known, was the frequent holding of meetings of members of the House of Commons. Some of those meetings were numerous; others were select. The larger were held at the Rose, a tavern frequently mentioned in the political pasquinades of that time;750 the smaller at Russell's in Covent Garden, or at Somers's in Lincoln's Inn Fields.

On the day on which Godolphin resigned his great office two select meetings were called. In the morning the place of assembly was Russell's house. In the afternoon there was a fuller muster at the Lord Keeper's. Fenwick's confession, which, till that time, had probably been known only by rumour to most of those who were present, was read. The indignation of the hearers was strongly excited, particularly by one passage, of which the sense seemed to be that not only Russell, not only Shrewsbury, but the great body of the Whig party was, and had long been, at heart Jacobite. "The fellow insinuates," it was said, "that the Assassination Plot itself was a Whig scheme." The general opinion was that such a charge could not be lightly passed over. There must be a solemn debate and decision in Parliament. The best course would be that the King should himself see and examine the prisoner, and that Russell should then request the royal permission to bring the subject before the House of Commons. As Fenwick did not pretend that he had any authority for the stories which he had told except mere hearsay, there could be no difficulty in carrying a resolution branding him as a slanderer, and an address to the throne requesting that he might be forthwith brought to trial for high treason.751

The opinion of the meeting was conveyed to William by his ministers; and he consented, though not without reluctance, to see the prisoner. Fenwick was brought into the royal closet at Kensington. A few of the great officers of state and the Crown lawyers were present. "Your papers, Sir John," said the King, "are altogether unsatisfactory. Instead of giving me an account of the plots formed by you and your accomplices, plots of which all the details must be exactly known to you, you tell me stories, without authority, without date, without place, about noblemen and gentlemen with whom you do not pretend to have had any intercourse. In short your confession appears to be a contrivance intended to screen those who are really engaged in designs against me, and to make me suspect and discard those in whom I have good reason to place confidence. If you look for any favour from me, give me, this moment and on this spot, a full and straightforward account of what you know of your own knowledge." Fenwick said that he was taken by surprise, and asked for time. "No, Sir," said the King. "For what purpose can you want time? You may indeed want time if you mean to draw up another paper like this. But what I require is a plain narrative of what you have yourself done and seen; and such a narrative you can give, if you will, without pen and ink." Then Fenwick positively refused to say any thing. "Be it so," said William. "I will neither hear you nor hear from you any more."752 Fenwick was carried back to his prison. He had at this audience shown a boldness and determination which surprised those who had observed his demeanour. He had, ever since he had been in confinement, appeared to be anxious and dejected; yet now, at the very crisis of his fate, he had braved the displeasure of the Prince whose clemency he had, a short time before, submissively implored. In a very few hours the mystery was explained. Just before he had been summoned to Kensington, he had received from his wife intelligence that his life was in no danger, that there was only one witness against him, that she and her friends had succeeded in corrupting Goodman.753

Goodman had been allowed a liberty which was afterwards, with some reason, made matter of charge against the government. For his testimony was most important; his character was notoriously bad; the attempts which had been made to seduce Porter proved that, if money could save Fenwick's life, money would not be spared; and Goodman had not, like Porter, been instrumental in sending Jacobites to the gallows, and therefore was not, like Porter, bound to the cause of William by an indissoluble tie. The families of the imprisoned conspirators employed the agency of a cunning and daring adventurer named O'Brien. This man knew Goodman well. Indeed they had belonged to the same gang of highwaymen. They met at the Dog in Drury Lane, a tavern which was frequented by lawless and desperate men. O'Brien was accompanied by another Jacobite of determined character. A simple choice was offered to Goodman, to abscond and to be rewarded with an annuity of five hundred a year, or to have his throat cut on the spot. He consented, half from cupidity, half from fear. O'Brien was not a man to be tricked as Clancy had been. He never parted company with Goodman from the moment when the bargain was struck till they were at Saint Germains.754

On the afternoon of the day on which Fenwick was examined by the King at Kensington it began to be noised abroad that Goodman was missing. He had been many hours absent from his house. He had not been seen at his usual haunts. At first a suspicion arose that he had been murdered by the Jacobites; and this suspicion was strengthened by a singular circumstance. Just after his disappearance, a human head was found severed from the body to which it belonged, and so frightfully mangled that no feature could be recognised. The multitude, possessed by the notion that there was no crime which an Irish Papist might not be found to commit, was inclined to believe that the fate of Godfrey had befallen another victim. On inquiry however it seemed certain that Goodman had designedly withdrawn himself. A proclamation appeared promising a reward of a thousand pounds to any person who should stop the runaway; but it was too late.755

This event exasperated the Whigs beyond measure. No jury could now find Fenwick guilty of high treason. Was he then to escape? Was a long series of offences against the State to go unpunished merely because to those offences had now been added the offence of bribing a witness to suppress his evidence and to desert his bail? Was there no extraordinary method by which justice might strike a criminal who, solely because he was worse than other criminals, was beyond the reach of the ordinary law? Such a method there was, a method authorised by numerous precedents, a method used both by Papists and by Protestants during the troubles of the sixteenth century, a method used both by Roundheads and by Cavaliers during the troubles of the seventeenth century, a method which scarcely any leader of the Tory party could condemn without condemning himself, a method of which Fenwick could not decently complain, since he had, a few years before, been eager to employ it against the unfortunate Monmouth. To that method the party which was now supreme in the State determined to have recourse.

Soon after the Commons had met, on the morning of the sixth of November, Russell rose in his place and requested to be heard. The task which he had undertaken required courage not of the most respectable kind; but to him no kind of courage was wanting. Sir John Fenwick, he said, had sent to the King a paper in which grave accusations were brought against some of His Majesty's servants; and His Majesty had, at the request of his accused servants, graciously given orders that this paper should be laid before the House. The confession was produced and read. The Admiral then, with spirit and dignity worthy of a better man, demanded justice for himself and Shrewsbury. "If we are innocent, clear us. If we are guilty, punish us as we deserve. I put myself on you as on my country, and am ready to stand or fall by your verdict."

It was immediately ordered that Fenwick should be brought to the bar with all speed. Cutts, who sate in the House as member for Cambridgeshire, was directed to provide a sufficient escort, and was especially enjoined to take care that the prisoner should have no opportunity of making or receiving any communication, oral or written, on the road from Newgate to Westminster. The House then adjourned till the afternoon.

At five o'clock, then a late hour, the mace was again put on the table; candles were lighted; and the House and lobby were carefully cleared of strangers. Fenwick was in attendance under a strong guard. He was called in, and exhorted from the chair to make a full and ingenuous confession. He hesitated and evaded. "I cannot say any thing without the King's permission. His Majesty may be displeased if what ought to be known only to him should be divulged to others." He was told that his apprehensions were groundless. The King well knew that it was the right and the duty of his faithful Commons to inquire into whatever concerned the safety of his person and of his government. "I may be tried in a few days," said the prisoner. "I ought not to be asked to say any thing which may rise up in judgment against me." "You have nothing to fear," replied the Speaker, "if you will only make a full and free discovery. No man ever had reason to repent of having dealt candidly with the Commons of England." Then Fenwick begged for delay. He was not a ready orator; his memory was bad; he must have