The History of England, from the Accession of James the Second - Volume 5 by Thomas Babington Macaulay (i can read book club TXT) 📕

unhappy state of mind, and did his best to avoid her. His prudence mortified her to such a degree that on one occasion she went into fits. It was necessary, however, that he should see her, when he came to Hertford at the spring assizes of 1699. For he had been entrusted with some money which was due to her on mortgage. He called on her for this purpose late one evening, and delivered a bag of gold to her. She pressed him to be the guest of her family; but he excused himself and retired. The next morning she was found dead among the stakes of a mill dam on the stream called the Priory River. That she had destroyed herself there could be no reasonable doubt. The coroner's inquest found that she had drowned herself while in a state of mental derangement. But her family was unwilling to admit that she had shortened her own life, and looked about for somebody who might be accused of murdering her. The last person who could be proved to have been in her company was Spencer Cowper. It chanced that two attorneys and a scrivener, who had come down from town to the Hertford assizes, had been overheard, on that unhappy night, talking over their wine about the charms and flirtations of the handsome Quaker girl, in the light way in which such subjects are sometimes discussed even at the circuit tables and mess tables of our more refined generation. Some wild words, susceptible of a double meaning, were used about the way in which she had jilted one lover, and the way in which another lover would punish her for her coquetry. On no better grounds than these her relations imagined that Spencer Cowper had, with the assistance of these three retainers of the law, strangled her, and thrown her corpse into the water. There was absolutely no evidence of the crime. There was no evidence that any one of the accused had any motive to commit such a crime; there was no evidence that Spencer Cowper had any connection with the persons who were said to be his accomplices. One of those persons, indeed, he had never seen. But no story is too absurd to be imposed on minds blinded by religious and political fanaticism. The Quakers and the Tories joined to raise a formidable clamour. The Quakers had, in those days, no scruples about capital punishments. They would, indeed, as Spencer Cowper said bitterly, but too truly, rather send four innocent men to the gallows than let it be believed that one who had their light within her had committed suicide. The Tories exulted in the prospect of winning two seats from the Whigs. The whole kingdom was divided between Stouts and Cowpers. At the summer assizes Hertford was crowded with anxious faces from London and from parts of England more distant than London. The prosecution was conducted with a malignity and unfairness which to us seem almost incredible; and, unfortunately, the dullest and most ignorant judge of the twelve was on the bench. Cowper defended himself and those who were said to be his accomplices with admirable ability and self possession. His brother, much more distressed than himself, sate near him through the long agony of that day. The case against the prisoners rested chiefly on the vulgar error that a human body, found, as this poor girl's body had been found, floating in water, must have been thrown into the water while still alive. To prove this doctrine the counsel for the Crown called medical practitioners, of whom nothing is now known except that some of them had been active against the Whigs at Hertford elections. To confirm the evidence of these gentlemen two or three sailors were put into the witness box. On the other side appeared an array of men of science whose names are still remembered. Among them was William Cowper, not a kinsman of the defendant, but the most celebrated anatomist that England had then produced. He was, indeed, the founder of a dynasty illustrious in the history of science; for he was the teacher of William Cheselden, and William Cheselden was the teacher of John Hunter. On the same side appeared Samuel Garth, who, among the physicians of the capital, had no rival except Radcliffe, and Hans Sloane, the founder of the magnificent museum which is one of the glories of our country. The attempt of the prosecutors to make the superstitions of the forecastle evidence for the purpose of taking away the lives of men was treated by these philosophers with just disdain. The stupid judge asked Garth what he could say in answer to the testimony of the seamen. "My Lord," replied Garth, "I say that they are mistaken. I will find seamen in abundance to swear that they have known whistling raise the wind."

The jury found the prisoners Not guilty; and the report carried back to London by persons who had been present at the trial was that everybody applauded the verdict, and that even the Stouts seemed to be convinced of their error. It is certain, however, that the malevolence of the defeated party soon revived in all its energy. The lives of the four men who had just been absolved were again attacked by means of the most absurd and odious proceeding known to our old law, the appeal of murder. This attack too failed. Every artifice of chicane was at length exhausted; and nothing was left to the disappointed sect and the disappointed faction except to calumniate those whom it had been found impossible to murder. In a succession of libels Spencer Cowper was held up to the execration of the public. But the public did him justice. He rose to high eminence in his profession; he at length took his seat, with general applause, on the judicial bench, and there distinguished himself by the humanity which he never failed to show to unhappy men who stood, as he had once stood, at the bar. Many who seldom trouble themselves about pedigrees may be interested by learning that he was the grandfather of that excellent man and excellent poet William Cowper, whose writings have long been peculiarly loved and prized by the members of the religious community which, under a strong delusion, sought to slay his innocent progenitor.19

Though Spencer Cowper had escaped with life and honour, the Tories had carried their point. They had secured against the next election the support of the Quakers of Hertford; and the consequence was that the borough was lost to the family and to the party which had lately predominated there.

In the very week in which the great trial took place at Hertford, a feud arising out of the late election for Buckinghamshire very nearly produced fatal effects. Wharton, the chief of the Buckinghamshire Whigs, had with difficulty succeeded in bringing in his brother as one of the knights of the shire. Graham Viscount Cheyney, of the kingdom of Scotland, had been returned at the head of the poll by the Tories. The two noblemen met at the quarter sessions. In England Cheyney was before the Union merely an Esquire. Wharton was undoubtedly entitled to take place of him, and had repeatedly taken place of him without any dispute. But angry passions now ran so high that a decent pretext for indulging them was hardly thought necessary. Cheyney fastened a quarrel on Wharton. They drew. Wharton, whose cool good humoured courage and skill in fence were the envy of all the swordsmen of that age, closed with his quarrelsome neighbour, disarmed him, and gave him his life.

A more tragical duel had just taken place at Westminster. Conway Seymour, the eldest son of Sir Edward Seymour, had lately come of age. He was in possession of an independent fortune of seven thousand pounds a year, which he lavished in costly fopperies. The town had nicknamed him Beau Seymour. He was displaying his curls and his embroidery in Saint James's Park on a midsummer evening, after indulging too freely in wine, when a young officer of the Blues named Kirke, who was as tipsy as himself, passed near him. "There goes Beau Seymour," said Kirke. Seymour flew into a rage. Angry words were exchanged between the foolish boys. They immediately went beyond the precincts of the Court, drew, and exchanged some pushes. Seymour was wounded in the neck. The wound was not very serious; but, when his cure was only half completed, he revelled in fruit, ice and Burgundy till he threw himself into a violent fever. Though a coxcomb and a voluptuary, he seems to have had some fine qualities. On the last day of his life he saw Kirke. Kirke implored forgiveness; and the dying man declared that he forgave as he hoped to be forgiven. There can be no doubt that a person who kills another in a duel is, according to law, guilty of murder. But the law had never been strictly enforced against gentlemen in such cases; and in this case there was no peculiar atrocity, no deep seated malice, no suspicion of foul play. Sir Edward, however, vehemently declared that he would have life for life. Much indulgence is due to the resentment of an affectionate father maddened by the loss of a son. But there is but too much reason to believe that the implacability of Seymour was the implacability, not of an affectionate father, but of a factious and malignant agitator. He tried to make what is, in the jargon of our time, called political capital out of the desolation of his house and the blood of his first born. A brawl between two dissolute youths, a brawl distinguished by nothing but its unhappy result from the hundred brawls which took place every month in theatres and taverns, he magnified into an attack on the liberties of the nation, an attempt to introduce a military tyranny. The question was whether a soldier was to be permitted to insult English gentlemen, and, if they murmured, to cut their throats? It was moved in the Court of King's Bench that Kirke should either be brought to immediate trial or admitted to bail. Shower, as counsel for Seymour, opposed the motion. But Seymour was not content to leave the case in Shower's hands. In defiance of all decency, he went to Westminster Hall, demanded a hearing, and pronounced a harangue against standing armies. "Here," he said, "is a man who lives on money taken out of our pockets. The plea set up for taxing us in order to support him is that his sword protects us, and enables us to live in peace and security. And is he to be suffered to use that sword to destroy us?" Kirke was tried and found guilty of manslaughter. In his case, as in the case of Spencer Cowper, an attempt was made to obtain a writ of appeal. The attempt failed; and Seymour was disappointed of his revenge; but he was not left without consolation. If he had lost a son, he had found, what he seems to have prized quite as much, a fertile theme for invective.

The King, on his return from the Continent, found his subjects in no bland humour. All Scotland, exasperated by the fate of the first expedition to Darien, and anxiously waiting for news of the second, called loudly for a Parliament. Several of the Scottish peers carried to Kensington an address which was subscribed by thirty-six of their body, and which earnestly pressed William to convoke the Estates at Edinburgh, and to redress the wrongs which had been done to the colony of New Caledonia. A petition to the same effect was widely circulated among the commonalty of his Northern kingdom, and received, if report could be trusted, not less than thirty thousand signatures. Discontent was far from being as violent in