The History of England, from the Accession of James II — Volume 5

The press for sailors to man the royal navy was at that time so hot that Kidd could not obtain his full complement of hands in the Thames. He crossed the Atlantic, visited New York, and there found volunteers in abundance. At length, in February 1697, he sailed from the Hudson with a crew of more than a hundred and fifty men, and in July reached the coast of Madagascar.

It is possible that Kidd may at first have meant to act in accordance with his instructions. But, on the subject of piracy, he held the notions which were then common in the North American colonies; and most of his crew were of the same mind. He found himself in a sea which was constantly traversed by rich and defenceless merchant ships; and he had to determine whether he would plunder those ships or protect them. The gain which might be made by plundering them was immense, and might be snatched without the dangers of a battle or the delays of a trial. The rewards of protecting the lawful trade were likely to be comparatively small. Such as they were, they would be got only by first fighting with desperate ruffians who would rather be killed than taken, and by then instituting a proceeding and obtaining a judgment in a Court of Admiralty. The risk of being called to a severe reckoning might not unnaturally seem small to one who had seen many old buccaneers living in comfort and credit at New York and Boston. Kidd soon threw off the character of a privateer, and became a pirate. He established friendly communications, and exchanged arms and ammunition, with the most notorious of those rovers whom his commission authorised him to destroy, and made war on those peaceful traders whom he was sent to defend. He began by robbing Mussulmans, and speedily proceeded from Mussulmans to Armenians, and from Armenians to Portuguese. The Adventure Galley took such quantities of cotton and silk, sugar and coffee, cinnamon and pepper, that the very foremast men received from a hundred to two hundred pounds each, and that the captain's share of the spoil would have enabled him to live at home as an opulent gentleman. With the rapacity Kidd had the cruelty of his odious calling. He burned houses; he massacred peasantry. His prisoners were tied up and beaten with naked cutlasses in order to extort information about their concealed hoards. One of his crew, whom he had called a dog, was provoked into exclaiming, in an agony of remorse, "Yes, I am a dog; but it is you that have made me so." Kidd, in a fury, struck the man dead.

News then travelled very slowly from the eastern seas to England. But, in August 1698, it was known in London that the Adventure Galley from which so much had been hoped was the terror of the merchants of Surat, and of the villagers of the coast of Malabar. It was thought probable that Kidd would carry his booty to some colony. Orders were therefore sent from Whitehall to the governors of the transmarine possessions of the Crown, directing them to be on the watch for him. He meanwhile, having burned his ship and dismissed most of his men, who easily found berths in the sloops of other pirates, returned to New York with the means, as he flattered himself, of making his peace and of living in splendour. He had fabricated a long romance to which Bellamont, naturally unwilling to believe that he had been duped and had been the means of duping others, was at first disposed to listen with favour. But the truth soon came out. The governor did his duty firmly; and Kidd was placed in close confinement till orders arrived from the Admiralty that he should be sent to England.

To an intelligent and candid judge of human actions it will not appear that any of the persons at whose expense the Adventure Galley was fitted out deserved serious blame. The worst that could be imputed even to Bellamont, who had drawn in all the rest, was that he had been led into a fault by his ardent zeal for the public service, and by the generosity of a nature as little prone to suspect as to devise villanies. His friends in England might surely be pardoned for giving credit to his recommendation. It is highly probable that the motive which induced some of them to aid his design was genuine public spirit. But, if we suppose them to have had a view to gain, it was to legitimate gain. Their conduct was the very opposite of corrupt. Not only had they taken no money. They had disbursed money largely, and had disbursed it with the certainty that they should never be reimbursed unless the outlay proved beneficial to the public. That they meant well they proved by staking thousands on the success of their plan; and, if they erred in judgment, the loss of those thousands was surely a sufficient punishment for such an error. On this subject there would probably have been no difference of opinion had not Somers been one of the contributors. About the other patrons of Kidd the chiefs of the opposition cared little. Bellamont was far removed from the political scene. Romney could not, and Shrewsbury would not, play a first part. Orford had resigned his employments. But Somers still held the Great Seal, still presided in the House of Lords, still had constant access to the closet. The retreat of his friends had left him the sole and undisputed head of that party which had, in the late Parliament, been a majority, and which was, in the present Parliament, outnumbered indeed, disorganised and disheartened, but still numerous and respectable. His placid courage rose higher and higher to meet the dangers which threatened him. He provided for himself no refuge. He made no move towards flight; and, without uttering one boastful word, gave his enemies to understand, by the mild firmness of his demeanour, that he dared them to do their worst.

In their eagerness to displace and destroy him they overreached themselves. Had they been content to accuse him of lending his countenance, with a rashness unbecoming his high place, to an illconcerted scheme, that large part of mankind which judges of a plan simply by the event would probably have thought the accusation well founded. But the malice which they bore to him was not to be so satisfied. They affected to believe that he had from the first been aware of Kidd's character and designs. The Great Seal had been employed to sanction a piratical expedition. The head of the law had laid down a thousand pounds in the hope of receiving tens of thousands when his accomplices should return, laden with the spoils of ruined merchants. It was fortunate for the Chancellor that the calumnies of which he was the object were too atrocious to be mischievous.

And now the time had come at which the hoarded illhumour of six months was at liberty to explode. On the sixteenth of November the Houses met. The King, in his speech, assured them in gracious and affectionate language that he was determined to do his best to merit their love by constant care to preserve their liberty and their religion, by a pure administration of justice, by countenancing virtue, by discouraging vice, by shrinking from no difficulty or danger when the welfare of the nation was at stake. "These," he said, "are my resolutions; and I am persuaded that you are come together with purposes on your part suitable to these on mine. Since then our aims are only for the general good, let us act with confidence in one another, which will not fail, by God's blessing, to make me a happy king, and you a great and flourishing people."

It might have been thought that no words less likely to give offence had ever been uttered from the English throne. But even in those words the malevolence of faction sought and found matter for a quarrel. The gentle exhortation, "Let us act with confidence in one another," must mean that such confidence did not now exist, that the King distrusted the Parliament, or that the Parliament had shown an unwarrantable distrust of the King. Such an exhortation was nothing less than a reproach; and such a reproach was a bad return for the gold and the blood which England had lavished in order to make and to keep him a great sovereign. There was a sharp debate, in which Seymour took part. With characteristic indelicacy and want of feeling he harangued the Commons as he had harangued the Court of King's Bench, about his son's death, and about the necessity of curbing the insolence of military men. There were loud complaints that the events of the preceding session had been misrepresented to the public, that emissaries of the Court, in every part of the kingdom, declaimed against the absurd jealousies or still more absurd parsimony which had refused to His Majesty the means of keeping up such an army as might secure the country against invasion. Even justices of the peace, it was said, even deputy-lieutenants, had used King James and King Lewis as bugbears, for the purpose of stirring up the people against honest and thrifty representatives. Angry resolutions were passed, declaring it to be the opinion of the House that the best way to establish entire confidence between the King and the Estates of the Realm would be to put a brand on those evil advisers who had dared to breathe in the royal ear calumnies against a faithful Parliament. An address founded on these resolutions was voted; many thought that a violent rupture was inevitable. But William returned an answer so prudent and gentle that malice itself could not prolong the dispute. By this time, indeed, a new dispute had begun. The address had scarcely been moved when the House called for copies of the papers relating to Kidd's expedition. Somers, conscious of innocence, knew that it was wise as well as right to be perfectly ingenuous, and resolved that there should be no concealment. His friends stood manfully by him, and his enemies struck at him with such blind fury that their blows injured only themselves. Howe raved like a maniac. "What is to become of the country, plundered by land, plundered by sea? Our rulers have laid hold on our lands, our woods, our mines, our money. And all this is not enough. We cannot send a cargo to the farthest ends of the earth, but they must send a gang of thieves after it." Harley and Seymour tried to carry a vote of censure without giving the House time to read the papers. But the general feeling was strongly for a short delay. At length, on the sixth of December, the subject was considered in a committee of the whole House. Shower undertook to prove that the letters patent to which Somers had put the Great Seal were illegal. Cowper replied to him with immense applause, and seems to have completely refuted him. Some of the Tory orators had employed what was then a favourite claptrap. Very great men, no doubt, were concerned in this business. But were the Commons of England to stand in awe of great men? Would not they have the spirit to censure corruption and oppression in the highest places? Cowper answered finely that assuredly the House ought not to be deterred from the discharge of any duty by the fear of great men, but that fear was not the only base and evil passion of which great men were the objects, and that the flatterer who courted their favour was not a worse citizen than the envious calumniator who took pleasure in bringing whatever was eminent down to his own level. At length, after a debate which lasted from midday till nine at night, and in which all the leading members took part, the committee divided on the question that the letters patent were dishonourable to the King, inconsistent with the law of nations, contrary to the statutes of the realm, and destructive of property and trade. The Chancellor's enemies had felt confident of victory, and had made the resolution so strong in order that it might be impossible for him to retain the Great Seal. They soon found that it would have been wise to propose a gentler censure. Great numbers of their adherents, convinced by Cowper's arguments, or unwilling to put a cruel stigma on a man of whose genius and accomplishments the nation was proud, stole away before the door was closed. To the general astonishment there were only one hundred and thirty-three Ayes to one hundred and eighty-nine Noes. That the City of London did not consider Somers as the destroyer, and his enemies as the protectors, of trade, was proved on the following morning by the most unequivocal of signs. As soon as the news of his triumph reached the Royal Exchange, the price of stocks went up.

Some weeks elapsed before the Tories ventured again to attack him. In the meantime they amused themselves by trying to worry another person whom they hated even more bitterly. When, in a financial debate, the arrangements of the household of the Duke of Gloucester were incidentally mentioned, one or two members took the opportunity of throwing reflections on Burnet. Burnet's very name sufficed to raise among the High Churchmen a storm of mingled merriment and anger. The Speaker in vain reminded the orators that they were wandering from the question. The majority was determined to have some fun with the Right Reverend Whig, and encouraged them to proceed. Nothing appears to have been said on the other side. The chiefs of the opposition inferred from the laughing and cheering of the Bishop's enemies, and from the silence of his friends, that there would be no difficulty in driving from Court, with contumely, the prelate whom of all prelates they most detested, as the personification of the latitudinarian spirit, a Jack Presbyter in lawn sleeves. They, therefore, after the lapse of a few hours, moved quite unexpectedly an address requesting the King to remove the Bishop of Salisbury from the place of preceptor to the young heir apparent. But it soon appeared that many who could not help smiling at Burnet's weaknesses did justice to his abilities and virtues. The debate was hot. The unlucky Pastoral Letter was of course not forgotten. It was asked whether a man who had proclaimed that England was a conquered country, a man whose servile pages the English Commons had ordered to be burned by the hangman, could be a fit instructor for an English Prince. Some reviled the Bishop for being a Socinian, which he was not, and some for being a Scotchman, which he was. His defenders fought his battle gallantly. "Grant," they said, "that it is possible to find, amidst an immense mass of eloquent and learned matter published in defence of the Protestant religion and of the English Constitution, a paragraph which, though well intended, was not well considered, is that error of an unguarded minute to outweigh the services of more than twenty years? If one House of Commons, by a very small majority, censured a little tract of which his Lordship was the author, let it be remembered that another House of Commons unanimously voted thanks to him for a work of very different magnitude and importance, the History of the Reformation. And, as to what is said about his birthplace, is there not already ill humour enough in Scotland? Has not the failure of that unhappy expedition to Darien raised a sufficiently bitter feeling against us throughout that kingdom? Every wise and honest man is desirous to soothe the angry passions of our neighbours. And shall we, just at this moment, exasperate those passions by proclaiming that to be born on the north of the Tweed is a disqualification for all honourable trust?" The ministerial members would gladly have permitted the motion to be withdrawn. But the opposition, elated with hope, insisted on dividing, and were confounded by finding that, with all the advantage of a surprise, they were only one hundred and thirty-three to one hundred and seventy-three. Their defeat would probably have been less complete, had not all those members who were especially attached to the Princess of Denmark voted in the majority or absented themselves. Marlborough used all his influence against the motion; and he had strong reasons for doing so. He was by no means well pleased to see the Commons engaged in discussing the characters and past lives of the persons who were placed about the Duke of Gloucester. If the High Churchmen, by reviving old stories, succeeded in carrying a vote against the Preceptor, it was by no means unlikely that some malicious Whig might retaliate on the Governor. The Governor must have been conscious that he was not invulnerable; nor could he absolutely rely on the support of the whole body of Tories; for it was believed that their favourite leader, Rochester, thought himself the fittest person to superintend the education of his grand nephew.

From Burnet the opposition went back to Somers. Some Crown property near Reigate had been granted to Somers by the King. In this transaction there was nothing that deserved blame. The Great Seal ought always to be held by a lawyer of the highest distinction; nor can such a lawyer discharge his duties in a perfectly efficient manner unless, with the Great Seal, he accepts a peerage. But he may not have accumulated a fortune such as will alone suffice to support a peerage; his peerage is permanent; and his tenure of the Great Seal is precarious. In a few weeks he may be dismissed from office, and may find that he has lost a lucrative profession, that he has got nothing but a costly dignity, that he has been transformed from a prosperous barrister into a mendicant lord. Such a risk no wise man will run. If, therefore, the state is to be well served in the highest civil post, it is absolutely necessary that a provision should be made for retired Chancellors. The Sovereign is now empowered by Act of Parliament to make such a provision out of the public revenue. In old times such a provision was ordinarily made out of the hereditary domain of the Crown. What had been bestowed on Somers appears to have amounted, after all deductions, to a net income of about sixteen hundred a year, a sum which will hardly shock us who have seen at one time five retired Chancellors enjoying pensions of five thousand a year each. For the crime, however, of accepting this grant the leaders of the opposition hoped that they should be able to punish Somers with disgrace and ruin. One difficulty stood in the way. All that he had received was but a pittance when compared with the wealth with which some of his persecutors had been loaded by the last two kings of the House of Stuart. It was not easy to pass any censure on him which should not imply a still more severe censure on two generations of Granvilles, on two generations of Hydes, and on two generations of Finches. At last some ingenious Tory thought of a device by which it might be possible to strike the enemy without wounding friends. The grants of Charles and James had been made in time of peace; and William's grant to Somers had been made in time of war. Malice eagerly caught at this childish distinction. It was moved that any minister who had been concerned in passing a grant for his own benefit while the nation was under the heavy taxes of the late war had violated his trust; as if the expenditure which is necessary to secure to the country a good administration of justice ought to be suspended by war; or as if it were not criminal in a government to squander the resources of the state in time of peace. The motion was made by James Brydges, eldest son of the Lord Chandos, the James Brydges who afterwards became Duke of Chandos, who raised a gigantic fortune out of war taxes, to squander it in comfortless and tasteless ostentation, and who is still remembered as the Timon of Pope's keen and brilliant satire. It was remarked as extraordinary that Brydges brought forward and defended his motion merely as the assertion of an abstract truth, and avoided all mention of the Chancellor. It seemed still more extraordinary that Howe, whose whole eloquence consisted in cutting personalities, named nobody on this occasion, and contented himself with declaiming in general terms against corruption and profusion. It was plain that the enemies of Somers were at once urged forward by hatred and kept back by fear. They knew that they could not carry a resolution directly condemning him. They, therefore, cunningly brought forward a mere speculative proposition which many members might be willing to affirm without scrutinising it severely. But, as soon as the major premise had been admitted, the minor would be without difficulty established; and it would be impossible to avoid coming to the conclusion that Somers had violated his trust. Such tactics, however, have very seldom succeeded in English parliaments; for a little good sense and a little straightforwardness are quite sufficient to confound them. A sturdy Whig member, Sir Rowland Gwyn, disconcerted the whole scheme of operations. "Why this reserve?" he said, "Everybody knows your meaning. Everybody sees that you have not the courage to name the great man whom you are trying to destroy." "That is false," cried Brydges; and a stormy altercation followed. It soon appeared that innocence would again triumph. The two parties seemed to have exchanged characters for one day. The friends of the government, who in the Parliament were generally humble and timorous, took a high tone, and spoke as it becomes men to speak who are defending persecuted genius and virtue. The malecontents, generally so insolent and turbulent, seemed to be completely cowed. They abased themselves so low as to protest, what no human being could believe, that they had no intention of attacking the Chancellor, and had framed their resolution without any view to him. Howe, from whose lips scarcely any thing ever dropped but gall and poison, went so far as to say: "My Lord Somers is a man of eminent merit, of merit so eminent that, if he had made a slip, we might well overlook it." At a late hour the question was put; and the motion was rejected by a majority of fifty in a house of four hundred and nineteen members. It was long since there had been so large an attendance at a division.

The ignominious failure of the attacks on Somers and Burnet seemed to prove that the assembly was coming round to a better temper. But the temper of a House of Commons left without the guidance of a ministry is never to be trusted. "Nobody can tell today," said an experienced politician of that time, "what the majority may take it into their heads to do tomorrow." Already a storm was gathering in which the Constitution itself was in danger of perishing, and from which none of the three branches of the legislature escaped without serious damage.

The question of the Irish forfeitures had been raised; and about that question the minds of men, both within and without the walls of Parliament, were in a strangely excitable state. Candid and intelligent men, whatever veneration they may feel for the memory of William, must find it impossible to deny that, in his eagerness to enrich and aggrandise his personal friends, he too often forgot what was due to his own reputation and to the public interest. It is true that in giving away the old domains of the Crown he did only what he had a right to do, and what all his predecessors had done; nor could the most factious opposition insist on resuming his grants of those domains without resuming at the same time the grants of his uncles. But between those domains and the estates recently forfeited in Ireland there was a distinction, which would not indeed have been recognised by the judges, but which to a popular assembly might well seem to be of grave importance. In the year 1690 a Bill had been brought in for applying the Irish forfeitures to the public service. That Bill passed the Commons, and would probably, with large amendments, have passed the Lords, had not the King, who was under the necessity of attending the Congress at the Hague, put an end to the session. In bidding the Houses farewell on that occasion, he assured them that he should not dispose of the property about which they had been deliberating, till they should have had another opportunity of settling that matter. He had, as he thought, strictly kept his word; for he had not disposed of this property till the Houses had repeatedly met and separated without presenting to him any bill on the subject. They had had the opportunity which he had assured them that they should have. They had had more than one such opportunity. The pledge which he had given had therefore been amply redeemed; and he did not conceive that he was bound to abstain longer from exercising his undoubted prerogative. But, though it could hardly be denied that he had literally fulfilled his promise, the general opinion was that such a promise ought to have been more than literally fulfilled. If his Parliament, overwhelmed with business which could not be postponed without danger to his throne and to his person, had been forced to defer, year after year, the consideration of so large and complex a question as that of the Irish forfeitures, it ill became him to take advantage of such a laches with the eagerness of a shrewd attorney. Many persons, therefore, who were sincerely attached to his government, and who on principle disapproved of resumptions, thought the case of these forfeitures an exception to the general rule.