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

While Barclay was making all his arrangements for the assassination, Berwick was endeavouring to persuade the Jacobite aristocracy to rise in arms. But this was no easy task. Several consultations were held; and there was one great muster of the party under the pretence of a masquerade, for which tickets were distributed among the initiated at one guinea each. 663 All ended however in talking, singing and drinking. Many men of rank and fortune indeed declared that they would draw their swords for their rightful Sovereign as soon as their rightful Sovereign was in the island with a French army; and Berwick had been empowered to assure there that a French army should be sent as soon as they had drawn the sword. But between what they asked and what he was authorised to grant there was a difference which admitted of no compromise. Lewis, situated as he was, would not risk ten or twelve thousand excellent soldiers on the mere faith of promises. Similar promises had been made in 1690; and yet, when the fleet of Tourville had appeared on the coast of Devonshire, the western counties had risen as one man in defence of the government, and not a single malecontent had dared to utter a whisper in favour of the invaders. Similar promises had been made in 1692; and to the confidence which had been placed in those promises was to be attributed the great disaster of La Hogue. The French King would not be deceived a third time. He would gladly help the English royalists; but he must first see them help themselves. There was much reason in this; and there was reason also in what the Jacobites urged on the other side. If, they said, they were to rise, without a single disciplined regiment to back them, against an usurper supported by a regular army, they should all be cut to pieces before the news that they were up could reach Versailles. As Berwick could hold out no hope that there would be an invasion before there was an insurrection, and as his English friends were immovable in their determination that there should be no insurrection till there was an invasion, he had nothing more to do here, and became impatient to depart.

He was the more impatient to depart because the fifteenth of February drew near. For he was in constant communication with Barclay, and was perfectly apprised of all the details of the crime which was to be perpetrated on that day. He was generally considered as a man of sturdy and even ungracious integrity. But to such a degree had his sense of right and wrong been perverted by his zeal for the interests of his family, and by his respect for the lessons of his priests, that he did not, as he has himself ingenuously confessed, think that he lay under any obligation to dissuade the assassins from the execution of their purpose. He had indeed only one objection to their design; and that objection he kept to himself. It was simply this, that all who were concerned were very likely to be hanged. That, however, was their affair; and, if they chose to run such a risk in the good cause, it was not his business to discourage them. His mission was quite distinct from theirs; he was not to act with them; and he had no inclination to suffer with then. He therefore hastened down to Romney Marsh, and crossed to Calais. 664

At Calais he found preparations making for a descent on Kent. Troops filled the town; transports filled the port. Boufflers had been ordered to repair thither from Flanders, and to take the command. James himself was daily expected. In fact he had already left Saint Germains. Berwick, however, would not wait. He took the road to Paris, met his father at Clermont, and made a full report of the state of things in England. His embassy had failed; the Royalist nobility and gentry seemed resolved not to rise till a French army was in the island; but there was still a hope; news would probably come within a few days that the usurper was no more; and such news would change the whole aspect of affairs. James determined to go on to Calais, and there to await the event of Barclay's plot. Berwick hastened to Versailles for the purpose of giving explanations to Lewis. What the nature of the explanations was we know from Berwick's own narrative. He plainly told the French King that a small band of loyal men would in a short time make an attempt on the life of the great enemy of France. The next courier might bring tidings of an event which would probably subvert the English government and dissolve the European coalition. It might have been thought that a prince who ostentatiously affected the character of a devout Christian and of a courteous knight would instantly have taken measures for conveying to his rival a caution which perhaps might still arrive in time, and would have severely reprimanded the guests who had so grossly abused his hospitality. Such, however, was not the conduct of Lewis. Had he been asked to give his sanction to a murder he would probably have refused with indignation. But he was not moved to indignation by learning that, without his sanction, a crime was likely to be committed which would be far more beneficial to his interests than ten such victories as that of Landen. He sent down orders to Calais that his fleet should be in such readiness as might enable him to take advantage of the great crisis which he anticipated. At Calais James waited with still more impatience for the signal that his nephew was no more. That signal was to be given by a fire, of which the fuel was already prepared on the cliffs of Kent, and which would be visible across the straits. 665

But a peculiar fate has, in our country, always attended such conspiracies as that of Barclay and Charnock. The English regard assassination, and have during some ages regarded it, with a loathing peculiar to themselves. So English indeed is this sentiment that it cannot even now be called Irish, and till a recent period, it was not Scotch. In Ireland to this day the villain who shoots at his enemy from behind a hedge is too often protected from justice by public sympathy. In Scotland plans of assassination were often, during the sixteenth and seventeenth centuries, successfully executed, though known to great numbers of persons. The murders of Beaton, of Rizzio, of Darnley, of Murray, of Sharpe, are conspicuous instances. The royalists who murdered Lisle in Switzerland were Irishmen; the royalists who murdered Ascham at Madrid were Irishmen; the royalists who murdered Dorislaus at the Hague were Scotchmen. In England, as soon as such a design ceases to be a secret hidden in the recesses of one gloomy and ulcerated heart, the risk of detection and failure becomes extreme. Felton and Bellingham reposed trust in no human being; and they were therefore able to accomplish their evil purposes. But Babington's conspiracy against Elizabeth, Fawkes's conspiracy against James, Gerard's conspiracy against Cromwell, the Rye House conspiracy, the Cato Street conspiracy, were all discovered, frustrated and punished. In truth such a conspiracy is here exposed to equal danger from the good and from the bad qualities of the conspirators. Scarcely any Englishman, not utterly destitute of conscience and honour, will engage in a plot for slaying an unsuspecting fellow creature; and a wretch who has neither conscience nor honour is likely to think much on the danger which he incurs by being true to his associates, and on the rewards which he may obtain by betraying them. There are, it is true, persons in whom religious or political fanaticism has destroyed all moral sensibility on one particular point, and yet has left that sensibility generally unimpaired. Such a person was Digby. He had no scruple about blowing King, Lords and Commons into the air. Yet to his accomplices he was religiously and chivalrously faithful; nor could even the fear of the rack extort from him one word to their prejudice. But this union of depravity and heroism is very rare. The vast majority of men are either not vicious enough or not virtuous enough to be loyal and devoted members of treacherous and cruel confederacies; and, if a single member should want either the necessary vice or the necessary virtue, the whole confederacy is in danger. To bring together in one body forty Englishmen, all hardened cutthroats, and yet all so upright and generous that neither the hope of opulence nor the dread of the gallows can tempt any one of them to be false to the rest, has hitherto been found, and will, it is to be hoped, always be found impossible.

There were among Barclay's followers both men too bad and men too good to be trusted with such a secret as his. The first whose heart failed him was Fisher. Even before the time and place of the crime had been fixed, he obtained an audience of Portland, and told that lord that a design was forming against the King's life. Some days later Fisher came again with more precise intelligence. But his character was not such as entitled him to much credit; and the knavery of Fuller, of Young, of Whitney and of Taffe, had made men of sense slow to believe stories of plots. Portland, therefore, though in general very easily alarmed where the safety of his master and friend was concerned, seems to have thought little about the matter. But, on the evening of the fourteenth of February, he received a visit from a person whose testimony he could not treat lightly. This was a Roman Catholic gentleman of known courage and honour, named Pendergrass. He had, on the preceding day, come up to town from Hampshire, in consequence of a pressing summons from Porter, who, dissolute and unprincipled as he was, had to Pendergrass been a most kind friend, indeed almost a father. In a Jacobite insurrection Pendergrass would probably have been one of the foremost. But he learned with horror that he was expected to bear a part in a wicked and shameful deed. He found himself in one of those situations which most cruelly torture noble and sensitive natures. What was he to do? Was he to commit a murder? Was he to suffer a murder which he could prevent to be committed? Yet was he to betray one who, however culpable, had loaded him with benefits? Perhaps it might be possible to save William without harming Porter? Pendergrass determined to make the attempt. "My Lord," he said to Portland, "as you value King William's life, do not let him hunt tomorrow. He is the enemy of my religion; yet my religion constrains me to give him this caution. But the names of the conspirators I am resolved to conceal; some of them are my friends; one of them especially is my benefactor; and I will not betray them."

Portland went instantly to the King; but the King received the intelligence very coolly, and seemed determined not to be frightened out of a good day's sport by such an idle story. Portland argued and implored in vain. He was at last forced to threaten that he would immediately make the whole matter public, unless His Majesty would consent to remain within doors during the next day; and this threat was successful. 666

Saturday the fifteenth came. The Forty were all ready to mount, when they received intelligence from the orderlies who watched Kensington House that the King did not mean to hunt that morning. "The fox," said Chambers, with vindictive bitterness, "keeps his earth." Then he opened his shirt; showed the great scar in his breast, and vowed revenge on William.

The first thought of the conspirators was that their design had been detected. But they were soon reassured. It was given out that the weather had kept the King at home; and indeed the day was cold and stormy. There was no sign of agitation at the palace. No extraordinary precaution was taken. No arrest was made. No ominous whisper was heard at the coffeehouses. The delay was vexatious; but Saturday the twenty-second would do as well.

But, before Saturday the twenty-second arrived, a third informer, De la Rue, had presented himself at the palace. His way of life did not entitle him to much respect; but his story agreed so exactly with what had been said by Fisher and Pendergrass that even William began to believe that there was real danger.

Very late in the evening of Friday the twenty-first, Pendergrass, who had as yet disclosed much less than either of the other informers, but whose single word was worth much more than their joint oath, was sent for to the royal closet. The faithful Portland and the gallant Cutts were the only persons who witnessed the singular interview between the King and his generous enemy. William, with courtesy and animation which he rarely showed, but which he never showed without making a deep impression, urged Pendergrass to speak out. "You are a man of true probity and honour; I am deeply obliged to you; but you must feel that the same considerations which have induced you to tell us so much ought to induce you to tell us something more. The cautions which you have as yet given can only make me suspect every body that comes near me. They are sufficient to embitter my life, but not sufficient to preserve it. You must let me know the names of these men." During more than half an hour the King continued to entreat and Pendergrass to refuse. At last Pendergrass said that he would give the information which was required, if he could be assured that it would be used only for the prevention of the crime, and not for the destruction of the criminals. "I give you my word of honour," said William, "that your evidence shall not be used against any person without your own free consent." It was long past midnight when Pendergrass wrote down the names of the chief conspirators.

While these things were passing at Kensington, a large party of the assassins were revelling at a Jacobite tavern in Maiden Lane. Here they received their final orders for the morrow. "Tomorrow or never," said King. "Tomorrow, boys," cried Cassels with a curse, "we shall have the plunder of the field." The morrow came. All was ready; the horses were saddled; the pistols were loaded; the swords were sharpened; the orderlies were on the alert; they early sent intelligence from the palace that the King was certainly going a hunting; all the usual preparations had been made; a party of guards had been sent round by Kingston Bridge to Richmond; the royal coaches, each with six horses, had gone from the stables at Charing Cross to Kensington. The chief murderers assembled in high glee at Porter's lodgings. Pendergrass, who, by the King's command, appeared among them, was greeted with ferocious mirth. "Pendergrass," said Porter, "you are named one of the eight who are to do his business. I have a musquetoon for you that will carry eight balls." "Mr. Pendergrass," said King, "pray do not be afraid of smashing the glass windows." From Porter's lodgings the party adjourned to the Blue Posts in Spring Gardens, where they meant to take some refreshment before they started for Turnham Green. They were at table when a message came from an orderly that the King had changed his mind and would not hunt; and scarcely had they recovered from their first surprise at this ominous news, when Keyes, who had been out scouting among his old comrades, arrived with news more ominous still. "The coaches have returned to Charing Cross. The guards that were sent round to Richmond have just come back to Kensington at full gallop, the flanks of the horses all white with foam. I have had a word with one of the Blues. He told me that strange things are muttered." Then the countenances of the assassins fell; and their hearts died within them. Porter made a feeble attempt to disguise his uneasiness. He took up an orange and squeezed it. "What cannot be done one day may be done another. Come, gentlemen, before we part let us have one glass to the squeezing of the rotten orange." The squeezing of the rotten orange was drunk; and the company dispersed. 667

A few hours elapsed before all the conspirators abandoned all hope. Some of them derived comfort from a report that the King had taken physic, and that this was his only reason for not going to Richmond. If it were so, the blow might still be struck. Two Saturdays had been unpropitious. But Sunday was at hand. One of the plans which had formerly been discussed and abandoned might be resumed. The usurper might be set upon at Hyde Park Corner on his way to his chapel. Charnock was ready for any enterprise however desperate. If the hunt was up, it was better to die biting and scratching to the last than to be worried without resistance or revenge. He assembled some of his accomplices at one of the numerous houses at which he had lodgings, and plied there hard with healths to the King, to the Queen, to the Prince, and to the Grand Monarch, as they called Lewis. But the terror and dejection of the gang were beyond the power of wine; and so many had stolen away that those who were left could effect nothing. In the course of the afternoon it was known that the guards had been doubled at the palace; and soon after nightfall messengers from the Secretary of State's office were hurrying to and fro with torches through the streets, accompanied by files and musketeers. Before the dawn of Sunday Charnock was in custody. A little later, Rockwood and Bernardi were found in bed at a Jacobite alehouse on Tower Hill. Seventeen more traitors were seized before noon; and three of the Blues were put under arrest. That morning a Council was held; and, as soon as it rose, an express was sent off to call home some regiments from Flanders; Dorset set out for Sussex, of which he was Lord Lieutenant; Romney, who was Warden of the Cinque Ports, started for the coast of Kent; and Russell hastened down the Thames to take the command of the fleet. In the evening the Council sate again. Some of the prisoners were examined and committed. The Lord Mayor was in attendance, was informed of what had been discovered, and was specially charged to look well to the peace of the capital. 668

On Monday morning all the trainbands of the City were under arms. The King went in state to the House of Lords, sent for the Commons, and from the throne told the Parliament that, but for the protection of a gracious Providence, he should at that moment have been a corpse, and the kingdom would have been invaded by a French army. The danger of invasion, he added, was still great; but he had already given such orders as would, he hoped, suffice for the protection of the realm. Some traitors were in custody; warrants were out against others; he should do his part in this emergency; and he relied on the Houses to do theirs. 669

The Houses instantly voted a joint address in which they thankfully acknowledged the divine goodness which had preserved him to his people, and implored him to take more than ordinary care of his person. They concluded by exhorting him to seize and secure all persons whom he regarded as dangerous.

On the same day two important bills were brought into the Commons. By one the Habeas Corpus Act was suspended. The other provided that the Parliament should not be dissolved by the death of William. Sir Rowland Gwyn, an honest country gentleman, made a motion of which he did not at all foresee the important consequences. He proposed that the members should enter into an association for the defence of their Sovereign and their country. Montague, who of all men was the quickest at taking and improving a hint, saw how much such an association would strengthen the government and the Whig party. 670 An instrument was immediately drawn tip, by which the representatives of the people, each for himself, solemnly recognised William as rightful and lawful King, and bound themselves to stand by him and by each other against James and James's adherents. Lastly they vowed that, if His Majesty's life should be shortened by violence, they would avenge him signally on his murderers, and would, with one heart, strenuously support the order of succession settled by the Bill of Rights. It was ordered that the House should be called over the next morning. 671 The attendance was consequently great; the Association, engrossed on parchment, was on the table; and the members went up, county by county, to sign their names. 672

The King's speech, the joint address of both Houses, the Association framed by the Commons, and a proclamation, containing a list of the conspirators and offering a reward of a thousand pounds for the apprehension of any one of them, were soon cried in all the streets of the capital and carried out by all the postbags. Wherever the news came it raised the whole country. Those two hateful words, assassination and invasion, acted like a spell. No impressment was necessary. The seamen came forth from their hiding places by thousands to man the fleet. Only three days after the King had appealed to the nation, Russell sailed out of the Thames with one great squadron. Another was ready for action at Spithead. The militia of all the maritime counties from the Wash to the Land's End was under arms. For persons accused of offences merely political there was generally much sympathy. But Barclay's assassins were hunted like wolves by the whole population. The abhorrence which the English have, through many generations, felt for domiciliary visits, and for all those impediments which the police of continental states throws in the way of travellers, was for a time suspended. The gates of the City of London were kept many hours closed while a strict search was made within. The magistrates of almost every walled town in the kingdom followed the example of the capital. On every highway parties of armed men were posted with orders to stop passengers of suspicious appearance. During a few days it was hardly possible to perform a journey without a passport, or to procure posthorses without the authority of a justice of the peace. Nor was any voice raised against these precautions. The common people indeed were, if possible, more eager than the public functionaries to bring the traitors to justice. This eagerness may perhaps be in part ascribed to the great rewards promised by the royal proclamation. The hatred which every good Protestant felt for Popish cutthroats was not a little strengthened by the songs in which the street poets celebrated the lucky hackney coachman who had caught his traitor, had received his thousand pounds, and had set up as a gentleman. 673 The zeal of the populace could in some places hardly be kept within the limits of the law. At the country seat of Parkyns in Warwickshire, arms and accoutrements sufficient to equip a troop of cavalry were found. As soon as this was known, a furious mob assembled, pulled down the house and laid the gardens utterly waste. 674 Parkyns himself was tracked to a garret in the Temple. Porter and Keyes, who had fled into Surrey, were pursued by the hue and cry, stopped by the country people near Leatherhead, and, after some show of resistance, secured and sent to prison. Friend was found hidden in the house of a Quaker. Knightley was caught in the dress of a fine lady, and recognised in spite of his patches and paint. In a few days all the chief conspirators were in custody except Barclay, who succeeded in making his escape to France.

At the same time some notorious malecontents were arrested, and were detained for a time on suspicion. Old Roger Lestrange, now in his eightieth year, was taken up. Ferguson was found hidden under a bed in Gray's Inn Lane, and was, to the general joy, locked up in Newgate. 675 Meanwhile a special commission was issued for the trial of the traitors. There was no want of evidence. For, of the conspirators who had been seized, ten or twelve were ready to save themselves by bearing witness against their associates. None had been deeper in guilt, and none shrank with more abject terror from death, than Porter. The government consented to spare him, and thus obtained, not only his evidence, but the much more respectable evidence of Pendergrass. Pendergrass was in no danger; he had committed no offence; his character was fair; and his testimony would have far greater weight with a jury than the testimony of a crowd of approvers swearing for their necks. But he had the royal word of honour that he should not be a witness without his own consent; and he was fully determined not to be a witness unless he were assured of Porter's safety. Porter was now safe; and Pendergrass had no longer any scruple about relating the whole truth.

Charnock, King and Keyes were set first to the bar. The Chiefs of the three Courts of Common Law and several other judges were on the bench; and among the audience were many members of both Houses of Parliament.

It was the eleventh of March. The new Act which regulated the procedure in cases of high treason was not to come into force till the twenty-fifth. The culprits urged that, as the Legislature had, by passing that Act, recognised the justice of allowing them to see their indictment, and to avail themselves of the assistance of an advocate, the tribunal ought either to grant them what the highest authority had declared to be a reasonable indulgence, or to defer the trial for a fortnight. The judges, however, would consent to no delay. They have therefore been accused by later writers of using the mere letter of the law in order to destroy men who, if that law had been construed according to its spirit, might have had some chance of escape. This accusation is unjust. The judges undoubtedly carried the real intention of the Legislature into effect; and, for whatever injustice was committed, the Legislature, and not the judges, ought to be held accountable. The words, "twenty-fifth of March," had not slipped into the Act by mere inadvertence. All parties in Parliament had long been agreed as to the principle of the new regulations. The only matter about which there was any dispute was the time at which those regulations should take effect. After debates extending through several sessions, after repeated divisions with various results, a compromise had been made; and it was surely not for the Courts to alter the terms of that compromise. It may indeed be confidently affirmed that, if the Houses had foreseen the Assassination Plot, they would have fixed, not an earlier, but a later day for the commencement of the new system. Undoubtedly the Parliament, and especially the Whig party, deserved serious blame. For, if the old rules of procedure gave no unfair advantage to the Crown, there was no reason for altering them; and if, as was generally admitted, they did give an unfair advantage to the Crown, and that against a defendant on trial for his life, they ought not to have been suffered to continue in force a single day. But no blame is due to the tribunals for not acting in direct opposition both to the letter and to the spirit of the law.