Chapter XV: REIGN OF WILLIAM III. (concluded) (2)

Meanwhile the partition treaty had become known to the Court at Madrid, and William's share in it excited great indignation. At the same time the agents of Louis had prevailed on the dying king to nominate the Electoral Prince of Bavaria his heir to the crown. Scarcely, however, was this done when this young prince died, being only eight years of age. Louis still kept up the farce of disinterestedness, and persuaded William to enter into a second treaty, mentioned later on, settling the crown of Spain on the Archduke Charles, but leaving the Italian States to the Dauphin. Again were William, Portland, and Tallard, with an agent of the Emperor, busy on the new partition at Loo. But whilst they were busy there, the French ambassador was equally busy at Madrid, inflaming the mind of the imbecile king against William and the Emperor, and prevailed on him, as we shall see, to leave the whole Spanish monarchy to the Dauphin's son Philip. The king of Spain was also induced to send a strong remonstrance against the interference of William in the affairs of the Spanish monarchy to Mr. Stanhope, the English Minister at Madrid. Similar remonstrances were presented for form's sake to the Ministers of France and Holland. The Spanish Minister in London, Canales, was ordered to present a still stronger remonstrance to the Lords Justices in London, in which the Court of Spain informed them that his Spanish Majesty would take the necessary measures himself for the succession of his crown; adding that if these proceedings, these machinations and projects, were not speedily put an end to, there would undoubtedly commence a terrible war, in which the English, who had felt what the last war had brought upon them, would have the worst of it. Canales, who had a high personal resentment against William, who had forbidden him the Court for the insolence of appearing covered, announced haughtily that on the meeting of Parliament he should appeal to it against the king's proceedings.

No sooner was this paper transmitted to Loo than William sent orders to the Spanish ambassador to quit England in eighteen days, and during that period to confine himself to his house. He was informed that no communication whatever would be received from him or any of his servants. Mr. Stanhope was instructed at the Court of Madrid to complain of this conduct of Canales, as an attempt to excite sedition in the kingdom by appealing to the people and Parliament against the king. Mr. Stanhope was then instructed to cease all diplomatic intercourse with the Court and to return home. The Spanish Court, on its part, justified the act of its Minister, and Mr. Stanhope took his leave. The Spanish ambassador at the Hague delivered a similar memorial to that delivered in London, which the States-General refused to read. In these circumstances William returned to England about the middle of October.

The temper of his people had not improved during his absence. The Tories were bent on driving every Whig from office. They even now compelled the lately all-powerful Montague to resign his seat at the Treasury Board as well as the Chancellorship of the Exchequer. Montague was well aware of the humour of the present House of Commons, and anticipated an attack on his two offices by his resignation. Lord Tankerville, formerly Lord Grey of Wark, took his place at the Treasury, and Smith, another member of that Board, became Chancellor. At the same time William gave the office of Lord Chamberlain to the Duke of Shrewsbury, vacant since the retirement of Sunderland. Besides Shrewsbury, there remained no other Whig in office except Somers, and the Tories were at this moment endeavouring to spring a mine under his feet.

William met his Parliament on the 16th of November. He addressed them with much studied care to avoid topics of offence, but he found it impossible. He recommended them to take further measures, both by sea and land, for the safety of the kingdom, to punish unlawful and clandestine trading, and to devise, if possible, measures for the employment of the poor. He expressed his resolution to discourage vice, and declared that he would do anything in his power towards the welfare of the nation. "And to conclude," he said, "since our aims are only for the general good, let us act with confidence in each other; which will not fail, with God's blessing, to make me a happy king, and you a great and flourishing people."

The very words "let us act with confidence" roused up this captious Parliament. They sent him a remonstrance instead of an Address of thanks, complaining of there being some who endeavoured to sow distrust and dissension between them and the king. It was in vain that William protested that this supposition was totally unfounded, and that if any should presume to bring to him any calumnies against his faithful Commons, he would treat them as his worst enemies; they were unappeased. They wanted, in fact, occasion to drive Somers from his councils, and they soon found a plea.

During the war, piracy had grown to a great height upon the coasts of North America, and the colonists were themselves deep in it. Lord Bellamont, the Governor of New York, had recommended that a man-of-war should be sent to clear the pirates away; but the Admiralty objected that they had not sailors enough to spare for such a service. It was then determined by the Lord Chancellor Somers, the Duke of Shrewsbury, the Earls of Romney, Orford, and Bellamont, with a few private individuals, to send out a vessel at their own expense. This the king approved of, and promised to contribute one-half of the expense, and stipulated for one-tenth of the profits. Besides the usual letters of marque given to privateers, the captain was furnished with a warrant under the Great Seal, authorising him to make war on the pirates and the French, both in those and other seas. Unfortunately, this commission was given to a man who was himself a notorious pirate--one Captain Kidd, whose fame still lives on the American coasts, and is the theme of popular ballads. The man promptly showed in his true colours.

The old East India Company complained bitterly of Kidd's outrages in the Indian seas, declaring that they would bring it into trouble with the Great Mogul. In the beginning of December a motion was made in the Commons that "the letters patent granted to the Earl of Bellamont and others of pirates' goods were dishonourable to the king, and contrary to the laws of nations and the laws and statutes of the realm, invasive of property, and destructive of trade and commerce." There was a violent debate, in which the Tories contended that the Lord Chancellor Somers had knowingly affixed the Great Seal to the commission to enrich himself, his colleagues, and the king, out of the plunder of unfortunate merchants. The motion was rejected by a large majority; the character of Somers stood too high for such a charge to reach him. But the Opposition did not rest here; it was determined to wound the king and his Government in every possible quarter.

There lay a cause in Ireland much more dangerous to the king and his Chancellor than the affairs of Captain Kidd. William had promised not to bestow any of the confiscated lands there without consent of Parliament. In disregard of his word he had conferred immense estates on his Dutch favourites, Portland, Albemarle, Athlone, and his French one, Lord Galway (Ruvigny), as well as on his mistress, Mrs. Villiers. The Commons, therefore, appointed Commissioners to inquire into the royal grants there. These Commissioners were the Earl of Drogheda, Sir Francis Brewster, Sir Richard Leving, Hamilton, Annesley, Trenchard, and Langford. The four last-named Commissioners were earnest supporters of the Commons' inquiry; but it was soon perceived by them that the Earl of Drogheda, Brewster, and Leving were in the interest of the Government. When they came to draw up their report, those three Commissioners vehemently dissented, and made an appeal to each House of Parliament, declaring that the report had not their concurrence, and that it was not borne out by the evidence laid before them. They complained that the other Commissioners had endeavoured to overbear them in a most arbitrary manner, trying to influence them by letters and instructions which they alleged they had received from members of the Commons. The Commons, however, regarding Drogheda, Brewster, and Leving as tools of the Court, paid no attention to their remonstrance. They received the report signed by the other four, who, on their part, complained that in the prosecution of their inquiry they had been greatly hindered by the backwardness of the people of Ireland to give information for fear of the vengeance of the grantees, and from reports industriously spread that the inquiry, through the influence of the Crown and the new grantees, would come to nothing. The three dissentient Commissioners agreed to much of this, but attributed the fear of the people to the grantees at large, and not to those recently favoured by Government. They affirmed that John Burke, commonly called Lord Bophin, had agreed to pay to Lord Albemarle seven thousand five hundred pounds for procuring from the king letters patent restoring him to his honours and estates. They gave amazing details of the wholesale plunder of cattle, horses, sheep, etc., from the Catholics, which had never been accounted for to the Crown. The report stated the persons who had been outlawed since the 13th of February, 1689, for participation in the rebellion amounted in England to fifty-seven, but in Ireland to 3,921; that the lands confiscated in Ireland since that period amounted to 1,060,792 acres, with a rental of £211,623; which, at twenty years' purchase were of the value of over £4,000,000; that some of these lands had been restored to their ancient proprietors, but chiefly by heavy bribes to the persons who had betrayed his Majesty's trust in them. They then gave a list of seventy-six grants under the Great Seal, amongst which stood prominent those to Lord Romney, who as Lord Sidney had been Lord-Lieutenant of Ireland, consisting of 49,517 acres; two to the king's recent favourite, Keppel of Guelderland, made by William Earl of Albemarle, amounting to 106,633 acres; to William Bentinck, Lord Woodstock, the son of Portland, 135,820 acres; to Ginkell, Earl of Athlone, 26,480 acres; and to Ruvigny, the Huguenot, Earl of Galway, 36,148 acres. After all the deductions and allowances, they valued the estates forfeited since the 13th of February, 1689, and not restored at £2,699,343--a ridiculous over-estimate.

The Commons instantly set themselves to frame a Bill of Resumption of all the grants. They ordered the report of the Commissioners, the speeches and promises of the king regarding these forfeited estates, and their former resolutions regarding them, to be printed, that the whole country might judge of this matter for itself. And they resolved that any member of the Privy Council who should procure or be concerned in procuring grants from the Crown for their own purposes, should be deemed guilty of a high crime and misdemeanour. As the Tories were the means of carrying this Resumption Bill, the Whigs, to avenge themselves, moved by way of amendment that all grants made since the 6th of February, 1684, should be resumed, and the Tories were caught in their own snare, for they could not with any show of consistency oppose a measure of their own originating. Therefore the Bill passed, and they were compelled to disgorge all the Crown property they had settled on themselves from the accession of James. Ministers proposed to insert a clause to reserve one third of the forfeited property for the king's own disposal; but the Commons would not listen to it, and resolved not to receive any petition from any person whatever concerning the grants. That justice might be done to purchasers and creditors in the Act of Resumption, they appointed thirteen trustees to hear and determine all claims, to sell to the highest purchasers, and to appropriate the money to pay the arrears of the army. The Lords introduced some alterations, but the Commons rejected them, and to prevent the Bill from being lost in the Lords they consolidated it with a money Bill for the service of the year. The Lords demanded a conference, and the Commons, exasperated at their interference in a money Bill, prepared to go greater lengths. They assumed the aspect of the Commons in Charles I.'s time. They ordered the doors to be closed, and called for a list of the Privy Councillors. They then moved that John, Lord Somers, should be expelled from the service of the king for ever. The resolution was not carried, but the temper of the House was such as made wise men tremble for an approaching crisis. The king was disposed to refuse to pass the Bill even if the Lords did; but when the Commons left the Bill in the hands of the Lords, and that House was warned on all sides that they would have to pass the Bill, or the consequences might be fatal, he gave way, though with undisguised resentment. The Commons were proceeding with a fresh resolution for an address to his Majesty, praying that not any foreigner, except Prince George of Denmark, should be admitted to his Majesty's Council in England or Ireland, the resolution being aimed at Portland, Albemarle, and Galway, when the king sent a private message to the peers, desiring them to pass the Resumption Bill, and on the 11th of April he went down to the House, and gave it the royal assent. He then ordered the Earl of Bridgewater, in the absence of Somers, who was ill, to prorogue Parliament, and it was accordingly prorogued to the 23rd of May without any speech.

William left England in the beginning of July, but before his departure he endeavoured to persuade Somers to give way to the rancour of the Commons, and resign the Seals. Somers refused to resign voluntarily, arguing that it would imply a fear of his enemies, or a consciousness of guilt; but William, who knew the necessity of leaving a better feeling behind him if possible, sent Lord Jersey to Somers for the Seals, and offered them successively to Chief Justice Holt, and to Treby the Attorney-General; both declined, however, what would have turned the enmity of Parliament on them, and William was eventually obliged to bestow them on Nathan Wright, one of the Serjeants-at-Law, a man of no mark and very indifferent qualifications for the office. William offered the government of Ireland to Shrewsbury; but he, too, declined the office, and set out for Italy. Every one seemed afraid of engaging in his Government, so bitter was the Parliament against him. Even his trusty Portland, now absolutely groaning under the weight of riches which William had heaped upon him, retired from his place in his household, and Lord Jersey was appointed Chamberlain, and Lord Romney, Groom of the Stole. William had never left the kingdom in circumstances of so much unpopularity, and scarcely had he gone when the Duke of Gloucester, the only child of the Princess Anne, died at the age of eleven (July 30, 1700). This gave fresh hopes to the Jacobites. They sent a messenger to St. Germains with the news, and began to bestir themselves all over the kingdom. In truth, the outlook was very gloomy for the Protestant succession. No such successor was as yet appointed. The health and spirits of William were fast sinking. His person and government were extremely unpopular. The House of Brunswick had treated his advances with marked contempt, but they now came forward, urged by the critical state of things, and made their first visit of acknowledgment to the king. The Princess Sophia, Electress Dowager of Hanover, was the person on whom the eyes of the Protestants were now turned; but the nation was in a state of much uncertainty. It was rumoured that even Anne had sent a conciliatory letter to her father, and the public mind was disturbed by fears of a disputed succession, and of the reviving chances of a Stuart king.

William during this year had been busy concluding the new treaty of partition. Tallard, Portland, and Jersey had assisted in it. It was signed by them in London early in March, and by Briord and the Plenipotentiaries of the States at the Hague on the 25th of October. It had substituted the Archduke Charles, the second son of the Emperor, for the deceased Electoral Prince of Bavaria, as heir to Spain with the Spanish Flanders and colonies; but the Dauphin was still to possess Naples and the other Italian States, with Lorraine and Bar, which the Duke of Lorraine was to exchange for Milan. In case of the archduke dying, some other son of the Emperor was to succeed, but not the king of the Romans, for it was stipulated that Spain and the Empire, or France and Spain, were never to be united under one crown. The first treaty was made known to the different Powers, and excited much astonishment and disapprobation. The Emperor of Germany, notwithstanding his son was made successor to the Spanish monarchy, Flanders, America, and the Indies, was not conciliated. He expressed his amazement that the kings of other countries should take it upon them to carve up the Spanish monarchy without the consent of the present possessor and the Estates of the kingdom. He denied the right of these Powers to compel him to accept a part when he was heir to the whole, and to pronounce his forfeiture of even that part if within three months he did not consent to this unwarrantable proceeding. The other princes of Germany were unwilling to excite the enmity of the House of Austria by expressing their approval of the scheme, and Brandenburg, which was just now in treaty with the Emperor for the acknowledgment of Prussia as a kingdom, which was signed on the 16th of November, of course united with him. The Italian States were alarmed at the prospects of being handed over to France, and the Swiss declined to sanction the treaty. In Spain the aristocracy, who had vast estates in Sicily, Naples, and the other Italian provinces, and who enjoyed the viceroyalties, and governorships, and other good offices there, were greatly incensed at the idea of all these passing to the French.

The miserable and dying king was in agonies. He had already made a will, leaving the crown and all its dependencies to the Emperor, but neither he nor the Emperor had taken the precaution of securing the Italian provinces by marching a strong army thither--probably from fear of arousing Louis to a premature war. He now called a Council of State to deliberate on the succession; but the unfortunate prince had to deliberate with a Council which had long been bought over by the French. Only two of the Council had the patriotism to vote that the question should be submitted to the Cortes; they were overborne by the voices of the rest, who had been corrupted by Harcourt, the French Minister. Amongst them were prominent the Marquis de Monterey and Cardinal Portocarrero. They advised that they should consult the faculties of law and theology, and these faculties were already bribed by France. The French faction persuaded further the starving people that all their troubles had been produced by the partisans of Austria; and the enraged mob surrounded the palace and demanded to see the king, who was compelled to show himself, though he was too weak to stand without help. All this time the condition of the king of Spain was frightful. His conscience, accustomed to be swayed by his religious advisers, was torn to and fro by the contending exertions of Portocarrero and the queen. Portocarrero was a man of vast influence; he was not only cardinal but Archbishop of Toledo, and affected a deep concern for the king. Charles, intensely attached to his own family, and having a strong persuasion that its claims were the claims of the nation, was yet so tortured by the arguments of the priests of the opposite factions, and the entreaties of the queen, that no poor soul was ever in so dreadful a purgatory. At length, after the most violent contests, he sank in passive weakness, and on the 2nd of October he signed the will dictated by France. Having done it, he burst into tears, and sighed out "Now I am nothing!"

But this signing was effected in deepest secrecy; neither the queen nor any one but a small junto of the French faction was aware of it. As Charles, however, still lingered between life and death for a month yet, the French made every preparation for the event, and Portocarrero took possession of the Great Seals, and dispersed all his agents, so as to secure the transfer of the crown to France. On the 1st of November, 1700, the unhappy monarch died, at the age of thirty-nine, and the will was made known, to the consternation of the queen and the Austrian and English ambassadors, who were till that moment in profound ignorance of it. As soon as the news reached Paris, Count Zinzendorf, the Imperial ambassador, presented himself at Versailles, and inquired whether the king meant to abide by the treaty of partition or accept the will. The Marquis de Torcy answered for Louis that he meant certainly to abide by the treaty. But this was only to gain time. Louis had long made up his mind, and when he heard that Charles was dead, he exclaimed, "There are no longer any Pyrenees." William's statesmanlike plans had been foiled by his confederate's treachery.

William had returned to England towards the end of October, a few days before the death of the King of Spain. He was deeply chagrined at this unexpected event, but, in the present temper of England--disgusted with his proceedings with Louis for the partition of Spain--he could not openly complain. Not the less, however, did he unburthen his feelings to his friend the Pensionary Heinsius. Writing to him, he said, "I never relied much on the engagements with France, but I must confess that I did not think they would on this occasion have broken, in the face of the whole world, a solemn treaty before it was well accomplished." He confessed that he had been duped, and that he felt it the more because his English subjects did not disguise their opinion that the will was better than the partition, against which one party had complained because of the large amount given to France, the other at the injustice of forestalling the wishes of the French, and both at the secrecy with which the negotiations had been conducted. He expressed his deep anxiety regarding the Spanish Netherlands, which, it seemed, must fall into the hands of France, and as to what barrier was to be set up between them and Holland; and he concluded by saying that he should bear all the blame for having trusted to France after his experience that no trust was to be put in it.

But, besides his health and the mortification of Louis's triumphant deceit, William had plenty of troubles from the temper of his Parliament, and the state of the factions which harassed his Government. With such gloomy auspices came in the year 1701. The king had now replaced the retiring Whigs of his Ministry by Tories. Lord Godolphin was made First Commissioner of the Treasury; Lord Tankerville succeeded Lord Lonsdale, deceased, as Privy Seal; Lord Rochester was sent as Lord-Lieutenant to Ireland; and Sir Charles Hedges was appointed Secretary of State. By their advice Parliament was dissolved, and writs were issued for the meeting of the new one on the 6th of February.

When Parliament met, it was found that the late Speaker, Sir Thomas Littleton, had absented himself from the House, and the Tories proposed in his stead Robert Harley, who was now fast rising into favour with that party. The king had requested Littleton, in fact, to withdraw, that the Tories might get in their man; but there was such a ferment in the House that it was obliged to be adjourned till the 20th. Then the Whigs brought forward Sir Richard Onslow, but he was defeated by a majority of two hundred and forty-nine to one hundred and twenty-five. This showed that a strong Tory Commons had been returned, and yet it was not true that all the Tories were unanimous. There was, indeed, a considerable breach in the party. Those of them who had been passed over in the selection of the Ministry, or had other causes of pique against the Government, remained in opposition, and occasioned the king and their own party no little embarrassment. Amongst these were the Duke of Leeds, the Marquis of Normanby, the Earl of Nottingham, Seymour, Musgrave, Howe, Finch, and Showers. It was strongly suspected, too, that Louis had made use of Tallard to bribe some members of Parliament and of the Government to an awful extent to oppose any measures for war and Continental combinations.

In his opening speech William informed the Parliament that the death of the Duke of Gloucester had rendered it necessary that they should take into consideration the succession to the Crown after him and the Princess Anne, who had now no heir; for the happiness of the nation and the security of the Protestant religion made it the subject of the highest moment. The subject of next importance, and scarcely inferior, he said, was the death of the late King of Spain, and the succession arranged by his will, which had made so great an alteration in affairs abroad as demanded their most serious consideration for the interests and safety of England, and the preservation of the peace of Europe and of the Protestant religion. That these great topics might have due consideration, he had desired that they should receive it in a new Parliament. He next referred to the necessity for making a proper provision for the current expenditure, and for the reduction of the debt, and recommended them to put the fleet into effective condition.

The Electress Sophia of Hanover, the next in succession to Anne, was the daughter of Frederick the Prince Palatine, and Elizabeth Queen of Bohemia, therefore granddaughter of James I. No sooner did Sophia hear of the death of the Duke of Gloucester than she took with her her daughter, the Electress of Brandenburg, and made a visit to William at Loo. She had a twofold object, to obtain his promise of favouring her succession to the crown of England, and his acknowledgment of Brandenburg as a kingdom under the name of Prussia, a favour which the Emperor, as we have seen, had already conceded. William seems to have assured the Electress of his intention to support both her claim to the English crown, and that of her daughter to the title of Queen of Prussia, and immediately left for England.

At the same time, the Court of St. Germains was on the alert to get the Prince of Wales accepted, and the English Jacobites sent Mr. F. Graham, a brother of the late Lord Preston, to James, to make certain proposals regarding the succession of the Prince of Wales. It was proposed that he should be sent to England and there educated in Protestantism; but this condition James was certain not to agree to, and accordingly the whole scheme fell to the ground. It is said that the Princess Anne was favourable to the prince's succession could he have been brought up a Protestant; but his parents declared that they would rather see him dead.

The Tories, who were averse from a Continental war, appear to have held a large meeting, to propose an address to his Majesty, praying him to acknowledge the new King of Spain; and had they done this, they would probably have found the king ready to listen to them, for the States were urging him to do the same thing. But though the proposition was warmly advocated, Mr. Monckton, happening to say that if they carried this motion, the next he supposed would be to recommend the acknowledgment of the Prince of Wales, the idea appeared to startle the meeting, and the matter was dropped. But the Whig party was still inclined to war. They had been the advocates and supporters of the former one; they knew that William was strongly disposed to it, and that to support him was the way to regain his favour. Besides, Marlborough was anxious to distinguish himself at the head of an army; in that respect he was at one with the Whigs, and had their support. The Whigs saw the fast-failing health of William, and looked towards the Princess Anne with whom the Marlboroughs were everything. A strong spirit of war, therefore, manifested itself in the Commons, in spite of the inclinations of Ministers. Secretary Vernon, writing to the Earl of Manchester at Paris, told him that so great a spirit had rarely been seen in the House of Commons for supporting the interests of England and Holland; and this was fully borne out by a unanimous vote of the House on the 24th of February, declaring that it would stand by the king, and support him in all such measures as went to maintain the independence of England, the security of the Protestant religion, and the peace of Europe. The question, however, of the best mode of maintaining peace, whether by conceding the French claims on Spain, or arming to resist them, was warmly debated by the different factions. William was agreeably surprised at the tone of the House, and on the 17th he informed them of his satisfaction at their assurances, which he took to be important for the honour and safety of England. He then handed to them the pressing memorial of the States-General to him, to acknowledge the Duke of Anjou as the king of Spain. They had themselves agreed to do this, in terror lest the French should march over their defenceless frontiers; yet they told William that they would do nothing without his consent and approbation. They counted, however, fully on this, and painted earnestly the dangers to which they were exposed by any opposition to France, and called on him to supply the English aid secured to them by treaty. But they did not seem inclined to vote supplies for the purpose.

Parliament now entered on the great deliberation of the Session, the appointment of the successor to the crown after the Princess of Denmark. It was a subject which the king had recommended from the throne at the commencement of the Session, and which the failing health of William and the prospect of agitations all over Europe warned them not to defer. This important business, however, was set about in an extraordinary manner. Roger Coke says a Whig member meant to bring in a Bill to fix the succession on the House of Brunswick, but that the Tories, becoming aware of it, set Sir John Bowles, one of their own party, to bring one in. This Bowles was a half-crazy man, and in the end became altogether insane; and the Bill being put into his hands looked as though the Tories meant to cast contempt upon it. The Bill was sent into Committee, and Bowles was put in the chair; but whenever the discussion was brought in the members hastened out of the House, and the matter seemed to hang for several weeks as though no one would proceed with it under the present management. But at length Harley took it up in earnest, and remarked that there were some very necessary preliminary questions to be settled before they proceeded to vote the different clauses of the Bill; that the nation had been in too great haste when it settled the Government on the previous occasion, and had consequently overlooked many securities to the liberties of the nation which might have been obtained; that now they were under no immediate pressure, and it would be inexcusable to fall into the same error. Before, therefore, they proceeded to nominate the person who should succeed, they ought to settle the conditions under which he and his descendants should succeed. This advice was taken, much to the surprise of William, who found the Tories, now in the ascendant, endeavouring to curtail the royal prerogative, and by every one of their restrictions casting a decided censure upon him. The public, likewise, were so much puzzled by this conduct that they suspected that the motion of Harley was intended to defeat the Brunswick succession altogether. But the terms on which William and Mary had been admitted to the throne were the work of the Whigs, and the Tories could not let slip this opportunity of showing how negligent they had been of the rights of the nation.

Accordingly, after great discussions carried on for about three months, the following resolutions were agreed to and embodied in the Bill:--"That whoever should hereafter come to the possession of this Crown shall join in communion with the Church of England as by law established; that in case the Crown and dignity of this realm shall hereafter come to any person not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the Crown of England without the consent of Parliament; that no person who shall hereafter come to the possession of the Crown shall go out of the dominions of England, Scotland, or Ireland without consent of Parliament; that from and after the time that further limitations by this Act shall take effect, all matters and things relating to the well-governing of this kingdom, which are properly cognisable in the Privy Council by the laws and customs of the realm, shall be transacted there, and all resolutions taken thereupon shall be signed by such of the Privy Council as shall advise and consent to the same; that after the limitations shall take effect, no person born out of the kingdom of England, Scotland, or Ireland, or the dominions thereunto belonging, although he be naturalised and made a denizen, except such as are born of English parents, shall be capable to be of the Privy Council, or a member of either House of Parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements, or hereditaments from the Crown to himself, or to any other in trust for him; that no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons; that after the limitation shall take effect, judges' commissions shall be made _quamdiu se bene gesserint_,[A] and their salaries ascertained and established, but, upon the address of both Houses of Parliament, it may be lawful to remove them; that no pardon under the Great Seal of England be pleadable to an impeachment by the Commons in Parliament." Having settled these preliminaries, the Bill provided that the Princess Sophia, Duchess Dowager of Hanover, be declared the next in succession to the Crown of England in the Protestant line after his Majesty and the Princess Anne, and the heirs of their bodies respectively; and that the further limitation of the Crown be to the said Princess Sophia and the heirs of her body, being Protestants.

When this extraordinary Bill was sent up to the Lords, it was not expected to pass there without much opposition and cutting down. There was, in fact, an evident reluctance there, as well as in the Commons, to enter on the question. Many lords absented themselves, and others, as the Marquis of Normanby, the Earls of Huntingdon and Plymouth, and the Lords Guildford and Jeffreys, opposed it. Burnet attempted to move some amendments; but some lords crying out "No amendments! no amendments!" none were further attempted, and the Bill was sent down to the Commons as it went up.

Had such a sweeping Bill as this passed the Houses some years ago, William would have refused to ratify it, as he refused so long to ratify the Triennial Bill. Certainly it was from beginning to end the most trenchant piece of censure on his conduct.

During these transactions negotiations were going on at the Hague between England, France, Holland, and Spain. Mr. Stanhope, Envoy Extraordinary to the States-General, was empowered to treat, in union with Holland, for a continuation of the peace on certain conditions. These conditions were, that Louis should withdraw all his troops from the Spanish Netherlands, and engage to send no fresh ones into any of the Flemish towns; that no troops but native-born troops of Flanders or Spain should be kept there, except in Nieuport and Ostend, which should be given up to king William as cautionary towns, and in Luxemburg, Namur, and Mons, which should be garrisoned by the States-General, for the security of their frontiers, but without prejudice to the rights and revenues of the Crown of Spain; that no towns in the Spanish Netherlands, nor any port belonging to Spain, should be given up to or exchanged with France on any pretence whatever; that the subjects of England should enjoy the same liberties and privileges as they did on the demise of the late king of Spain, and in as ample a manner as the French or any other nation, in all parts of the Spanish dominions, whether by land or sea; that the Emperor should be invited to join, and that any other princes or States who desired to unite for the preservation of the peace of Europe should be admitted to the treaty.

D'Avaux, the French Minister, received these demands with an air of the utmost astonishment, and declared that they could not have been higher if his master had lost four successive battles. That the French troops would be removed from Flanders as soon as Spain could send forces to replace them, he said was certain; but for the rest of the Articles, he could only send them to Versailles for the consideration of the king. Louis expressed the utmost indignation at these demands, which he declared to be most insolent, and could only be put forward by William with a desire to provoke a war. He said that he would renew the treaty of Ryswick, which was all that could be reasonably expected. In fact, though the demands were no more than were necessary for the security of Holland, William, knowing the nature of Louis, and that he was now at the head of France, Spain, and a great part of Italy, could not seriously have expected that he would accede to them. Perhaps William intended him to reject them, as that would furnish a good _casus belli_, and would enable him to rouse the spirit of the English people to a martial tone. Accordingly he communicated the refusal of the French Court to accede to the terms offered; but the Commons, feeling that the object was to engage them in support of a Continental Congress, which might lead them into another war more oppressive than the former one, they thanked his Majesty in an address for his communication, but called for copies of the Partition Treaty, that they might inform themselves on the precise terms agreed upon in that treaty with France. The Tories, however much they might be disposed to maintain the same course themselves, would by no means omit the opportunity of damaging the Whig Ministers who had been concerned in that business. They had already agreed to send ten thousand men to the aid of the States-General in support of the treaty of 1677, and they now set to work to establish by this inquiry a plea against Lord Somers, Portland, and the others engaged in the treaty.

The Lords, not to be behind, also called for copies of the two treaties. They appointed a Committee to examine them, and placed Nottingham, a thorough Tory, in the chair. There was a sprinkling of Whigs in the Committee to give it an air of fairness, and a strong contest went on between the two parties. On the fourth resolution, that there were no instructions in writing given to the Plenipotentiaries of England, and that, if verbal orders were given, they were given without being submitted to the Council, Portland, who had been almost the sole manager of these treaties, in conjunction with William, by permission of the king informed them that he had, by the king's order, laid the matter before six of the king's Ministers--namely, Pembroke, Marlborough, Lonsdale, Somers, Halifax, and Secretary Vernon. These lords then endeavoured to excuse themselves by admitting that, the Earl of Jersey having read the first treaty to them, they had objected to various particulars, but being informed that the king had already carried the matter as far as possible, and could get no better terms, and that, in fact, everything was settled, they had nothing for it but to desist from their objections. Various protests were entered against the resolutions in Committee, but the Report, when brought up, was to this effect:--That the lords spiritual and temporal had found, to their great sorrow, that the treaty made with the French king had been very prejudicial to the peace and safety of Europe; that it had probably given occasion to the late king of Spain to make his will in favour of the Duke of Anjou; that the sanction of France having possession of Sicily, Naples, several ports in the Mediterranean, the province of Guipuzcoa, and the Duchy of Lorraine, was not only very injurious to the interests of Europe, but contrary to the pretence of the treaty itself, which was to prevent too many territories being united under one crown; that it appeared that this treaty never was submitted to the consideration of the Council, or the Committee of the Council [in our phrase, the Cabinet], and they prayed his Majesty in future to take the advice of his natural-born subjects, whose interest and natural affection to their country would induce them to seek its welfare and prosperity. This last observation was aimed at Portland.

The Ministers, such as were admitted to the secret of the treaty, as well as the king, had undoubtedly violated the Constitution; and had the Tories been honest, they might have rendered essential service to the country by punishing them. But their object was too apparently to crush Portland and Somers, and to let the rest go, whom they quietly passed over. The new Lord Keeper carried up the address to the king, but the members at large, not relishing the unpleasant office, took care not to accompany him, and he found himself at the palace almost alone. Two or three of the lords-in-waiting were all that served to represent the House of Peers. On its being read, William endeavoured to conceal his chagrin, and merely replied that the address contained matter of grave moment, and that he would always take care that all treaties should be made so as to contribute to the honour and safety of England.

The debates in the Commons were in the meantime still more vehement on the same subject. Sir Edward Seymour declared that the Partition Treaty was as infamous as a highway robbery, and Howe went further, denouncing it as a felonious treaty; an expression which so exasperated the king that he protested, if the disparity of condition between him and that member had not been too great, he would have demanded satisfaction by his sword. These discussions in the two Houses excited out of doors a general condemnation of the treaty, and threw fresh odium on the Government.

On the last day of March a message was communicated to both Houses by Secretary Hedges, that no further negotiation appeared possible with France, from its decided rejection of the terms offered, and its continuing to concede only the renewal of the treaty of Ryswick. The Commons, instead of an immediate answer, adjourned to the 2nd of April, and then resolved unanimously to desire his Majesty to carry on the negotiations with the States-General, and take such measures as should conduce to the safety of the kingdom. In reply to two resolutions from the States-General, and a memorial presented by their envoy in England, which the king laid before them, they assured him that they would support him, supplying the twenty ships and ten thousand men which they were bound to find by the treaty of 1677. This gave no sanction to any negotiations for a fresh alliance with the Powers formerly combined against France; and William was deeply mortified, but he merely thanked them for their assurances of aid, and informed them that he had sent orders to his Ambassador at the Hague still to endeavour to come to terms with France and Spain.

On the 19th of April the Marquis de Torcy handed to the Earl of Manchester, at Paris, a letter from the new king of Spain to the king of England, announcing his accession to the throne, and expressing a desire to cultivate terms of friendship with him. This announcement had been made long before to the other European Powers, and it might well have been doubted whether William would now acknowledge his right. To do that was to admit the validity of the late king of Spain's will, and there could then be no real reason to refuse the conditions of the treaty of Ryswick. William was from this cause in a state of great perplexity; but the Earl of Rochester and the new Ministers urged him to reply and admit the Duke of Anjou's right. The States-General had already done it, and, in fact, unless England and the old allies of the Emperor were prepared to dispute it with efficient arms, it was useless to refuse. Accordingly, after a severe struggle with himself, William wrote to "the Most Serene and Potent Prince, Brother, and Cousin," congratulating him on his happy arrival in his kingdom of Spain, and expressing his assurance that the ancient friendship between the two Crowns would remain inviolate, to the mutual advantage and prosperity of the two nations. With this was certainly ended every right of England to dispute the possession of all the territories and dependencies of the Spanish monarch by the new king; and there could be no justifiable cause of war with France until she attempted to renew her hostilities to neighbouring peoples.

Whilst affairs were in this position abroad, the anxiety of William was increased to the utmost by the war which was waging between the two rival factions in Parliament. In endeavouring to damage the Whigs to the utmost, the Tories damaged and tortured the king, who was sufficiently miserable with the prospects on the Continent and his fast-failing health. The Commons now determined to impeach Portland and Somers on the ground of their concern in the second Partition Treaty, contrary to the constitutional usages of the country. To procure fresh matter against Somers and Orford, the pirate, Captain Kidd, was brought from Newgate, where he was now lying, and examined at the bar of the House; but nothing was got thereby. In the case of Portland and Montague there were additional charges in reference to the grants and dilapidations of the royal revenue for which they were said to be answerable.

At this juncture the men of Kent manifested their old public spirit by sending in a petition, praying the House to endeavour to rise above their party squabbles, and to combine for the furtherance of the public business. The whole community were beginning to grow disgusted with the dissensions, which had evidently more of party rancour than patriotism at their bottom. This petition had been got up and signed by grand jurors, magistrates, and freeholders of the county, assembled at Maidstone, and confided to Sir Thomas Hales, one of their members. But Sir Thomas, on looking over it, was so much alarmed that he handed it to the other member, Mr. Meredith. Meredith, in his turn, was so impressed with the hazardous nature of the petition that, on presenting it, he informed the House that some of the supporters of it, five gentlemen of fortune and distinction, were in the lobby, and ready to attest their signatures. They were called in accordingly, and owned their signatures, when they were ordered to withdraw, and the petition was read. It concluded by saying, "that the experience of all ages made it manifest that no nation can be great or happy without union. We hope that no pretence whatever shall be able to create a misunderstanding amongst ourselves, or the least distrust of His Most Sacred Majesty, whose great actions for this nation are writ in the hearts of his subjects, and can never, without the blackest ingratitude, be forgot. We most humbly implore this honourable House to have regard to the voice of the people, that our religion and safety may be effectually provided for, that your addresses may be turned into Bills of Supply, and that His Most Sacred Majesty, whose propitious and unblemished reign over us we pray God long to continue, may be able powerfully to assist his allies before it is too late."

In proportion to the excellence of the advice was the indignation with which it was received by the angry Commons. When men are conscious that they are acting from private motives of no very respectable kind under the mask of patriotism, the discovery that they are seen through invariably exasperates them. Accordingly, the House was furious at this very seasonable petition. Some of the members went out to the petitioners, and called upon them to make a proper submission to the affronted House; but they strongly refused, maintaining that they had only done their duty, whereupon the House voted that the petition was scandalous, insolent, seditious, and tending to the destruction of the Constitution; and they ordered the Sergeant-at-Arms to take the petitioners into custody. But the stout men of Kent were not secured without a vigorous resistance. They were then sent to the Gatehouse prison; but their treatment only damaged the Commons, for the public were greatly of the same opinion. Similar petitions were soon preparing in different quarters, and these gentlemen were much visited in their confinement, which continued till the prorogation. It was, moreover, much questioned whether the Commons had not greatly outstripped their real authority, and infringed the statute of the 13th of Charles II., which guarantees the right of petition.

The Tory party in the Commons then returned to their prosecutions of the late Whig Ministers. But the day of strange things seemed to have arrived. One day Harley, the Speaker of the Commons, received a packet from the hands of a poor woman as he entered the House. Such an incident could not take place now, the Commons having protected themselves from such irregular missives by making it necessary that all petitions should have the names of the places, as well as the persons whence they came, clearly stated, and be confided to the care of a member in good time for him to note its character and contents. This, however, turned out to be no petition, but a command. "The enclosed memorial," it was stated in a letter accompanying, "you are charged with in behalf of many thousands of the good people of England. There is neither Popish, Jacobite, seditious, Court, or party, interest concerned in it, but honesty and truth. You are commanded by two hundred thousand Englishmen to deliver it to the House of Commons, and to inform them that it is no banter, but serious truth, and a serious regard to it is expected. Nothing but justice and their duty is required; and it is required by them who have both a right to require, and power to compel it--namely, the people of England. We could have come to the House strong enough to oblige you to hear us, but we have avoided any tumults, not desiring to embroil, but to serve, our native country. If you refuse to communicate it to them, you will find cause in a short time to repent it."