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XXI.

CHAP. integrity of Nottingham could excite no surprise. Ten thousand pounds had been offered to him, and had been refused. The number of cases in which bribery was fully made out was small. A large part of the sum which Cook had drawn from the Company's treasury had probably been embezzled by the brokers whom he had employed in the work of corruption; and what had become of the rest it was not easy to learn from the reluctant witnesses who were brought before the committee. One glimpse of light however was caught: it was followed; and it led to a discovery of the highest moment. A large sum was traced from Cook to an agent named Firebrace, and from Firebrace to another agent named Bates, who was well known to be closely connected with the High Church party and especially with Leeds. Bates was summoned: but he absconded: messengers were sent in pursuit of him: he was caught, brought into the Exchequer Chamber and sworn. The story which he told showed that he was distracted between the fear of losing his ears and the fear of injuring his patron. He owned that he had undertaken to bribe Leeds, had been for that purpose furnished with five thousand five hundred guineas, which were then worth at least eight thousand pounds, had offered those guineas to His Grace, and had by His Grace's permission, left them long at His Grace's house in the care of a Swiss named Robart, who was His Grace's confidential man of business. It should seem that these facts admitted of only one interpretation. Bates however swore that the Duke had refused to accept a farthing. "Why then," it was asked, "was the gold left, by his permission, at his house and in the hands of his servant? " "Because," answered Bates, "I am bad at telling coin. I therefore begged His Grace to let me leave the pieces, in order that Robart might count them for me; and His Grace was so good as to consent." It was evident that, if this strange story had been true, the guineas would, in a few hours, have been taken away. But Bates was forced to confess that they had remained half a year where he had left them. The money had indeed at last, and this was one of the most suspicious circumstances in the case,-been paid back by Robart on the very morning on which the committee first met in the Exchequer Chamber. Who could believe that, if the transaction had been free from all taint of corruption, the money would have been detained as long as Cook was able to remain silent, and would have been refunded on the

very first day on which he was under the necessity of speak- CHAP. ing out? *

ment of

XXI. A few hours after the examination of Bates, Wharton Impeachreported to the Commons what had passed in the Exchequer Leeds. Chamber. The indignation was general and vehement. "You now understand," said Wharton, "why obstructions have been thrown in our way at every step, why we have had to ring out truth drop by drop, why His Majesty's name has been artfully used to prevent us from going into an enquiry which has brought nothing to light but what is to His Majesty's honour. Can we think it strange that our difficulties should have been great, when we consider the power, the dexterity, the experience of him who was secretly thwarting us?" It is time for us to prove signally to the world that it is impossible for any criminal to double so cunningly that we cannot track him, or to climb so high that we cannot reach him. Never was there a more flagitious instance of corruption. Never was there an offender who had less claim to indulgence. The obligations which the Duke of Leeds has to his country are of no common kind. One great debt we generously cancelled: but the manner in which our generosity has been requited forces us to remember that he was long ago impeached for receiving money from France. How can we be safe while a man proved to be venal has access to the royal ear? Our best laid enterprises have been defeated. Our inmost counsels have been betrayed. And what wonder is it? Can we doubt that, together with this home trade in charters, a profitable foreign trade in secrets is carried on? Can we doubt that he who sells us to one another will, for a good price, sell us all to the common enemy?" Wharton concluded by moving that Leeds should be impeached of high crimes and misdemeanours.†

Leeds had many friends and dependents in the House of Commons: but they could say little. Wharton's motion was carried without a division; and he was ordered to go to the bar of the Lords, and there, in the name of the Commons of England, to impeach the Duke. But, before this order could be obeyed, it was announced that His Grace was at the door and requested an audience.

While Wharton had been making his report to the Com

May 10.

* L'Hermitage (April 30. 1695) justly remarks, that the way in which the money was sent back strengthened the case against Leeds.

There ean, I think, be no doubt, that the member who is called D in the

Exact Collection was Wharton.

CHAP.
XXI.

mons, Leeds had been haranguing the Lords. He denied with the most solemn asseverations that he had taken any money for himself. But he acknowledged, and indeed almost boasted, that he had abetted Bates in getting money from the Company, and seemed to think that this was a service which any man in power might be reasonably expected to render to a friend. Too many persons, indeed, in that age, made a most absurd and pernicious distinction between a minister who used his influence to obtain presents for himself and a minister who used his influence to obtain presents for his dependents. The former was corrupt: the latter was merely good natured. Leeds proceeded to tell, with great complacency, a story about himself, which would, in our days, drive a public man, not only out of office, but out of the society of gentlemen. "When I was Treasurer, in King Charles's time, my Lords, the excise was to be farmed. There were several bidders. Harry Savile, for whom I had a great value, informed me that they had asked for his interest with me, and begged me to tell them that he had done his best for them. What!' said I: 'tell them all so, when only one can have the farm?' 'No matter;' said Harry : 'tell them all so; and the one who gets the farm will think that he owes it to me.' The gentlemen came. I said to every one of them separately, Sir, you are much obliged to Mr. Savile: 'Sir, Mr. Savile has been much your friend.' In the end Harry got a handsome present; and I wished him good luck with it. I was his shadow then. I am Mr. Bates's shadow now.'

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The Duke had hardly related this anecdote, so strikingly illustrative of the state of political morality in that generation, when it was whispered to him that a motion to impeach him had been made in the House of Commons. He hastened thither but, before he arrived, the question had been put and carried. Nevertheless he pressed for admittance; and he was admitted. A chair, according to ancient usage, was placed for him within the bar; and he was informed that the House was ready to hear him.

He spoke, but with less tact and judgment than usual. He magnified his own public services. But for him, he said, there would have been no House of Commons to impeach him; a boast so extravagant that it naturally made his hearers unwilling to allow him the praise which his conduct at the time of the Revolution really deserved. As to the charge against him he said little more than that he was

innocent, that there had long been a malicious design to ruin him, that he would not go into particulars, that the facts which had been proved would bear two constructions, and that of the two constructions the more favourable ought in candour to be adopted. He withdrew, after praying the House to reconsider the vote which had just been passed, or, if that could not be, to let him have speedy justice.

His friends felt that his speech was no defence: they therefore did not attempt to rescind the resolution which had been carried just before he was heard. Wharton, with a large following, went up to the Lords, and informed them that the Commons had resolved to impeach the Duke. A committee of managers was appointed to draw up the articles and to prepare the evidence.*

The articles were speedily drawn: but to the chain of evidence one link appeared to be wanting. That link Robart, if he had been severely examined and confronted with other witnesses, would in all probability have been forced to supply. He was summoned to the bar of the Commons. A messenger went with the summons to the house of the Duke of Leeds, and was there informed that the Swiss was not within, that he had been three days absent, and that where he was the porter could not tell. The Lords immediately presented an address to the King, requesting him to give orders that the ports might be stopped and the fugitive arrested. But Robart was already in Holland on his way to his native mountains.

The flight of this man made it impossible for the Commons to proceed. They vehemently accused Leeds of having sent away the witness who alone could furnish legal proof of that which was already established by moral proof. Leeds, now at ease as to the event of the impeachment, gave himself the airs of an injured man. "My Lords," he said, "the conduct of the Commons is without precedent. They impeach me of a high crime they promise to prove it: then they find that they have not the means of proving it; and they revile me for not supplying them with the means. Surely they ought not to have brought a charge like this, without well considering whether they had or had not evidence sufficient to support it. If Robart's testimony be, as they now say, indispensable, why did they not send for him and hear his story before they made up their minds? They may thank their own intem

* As to the proceedings of this eventful day, April 27. 1695, see the Journals

of the two Houses, and the Exact Col-
lection.

CHAP.

XXI.

CHAP.
XXI.

Disgrace

perance, their own precipitancy, for his disappearance. He is a foreigner: he is timid: he hears that a transaction in which he has been concerned has been pronounced by the House of Commons to be highly criminal, that his master is impeached, that his friend Bates is in prison, that his own turn is coming. He naturally takes fright: he escapes to his own country; and, from what I know of him, I will venture to predict that it will be long before he trusts himself again within reach of the Speaker's warrant. But what is that to me? Am I to lie all my life under the stigma of an accusation like this, merely because the violence of my accusers has scared their own witness out of England? I demand an immediate trial. I move your Lordships to resolve that, unless the Commons shall proceed before the end of the session, the impeachment shall be dismissed." A few friendly voices cried out "Well moved." But the Peers were generally unwilling to take a step which would have been in the highest degree offensive to the Lower House, and to the great body of those whom that House represented. The Duke's motion fell to the ground; and a few hours later the Parliament was prorogued.*

The impeachment was never revived. The evidence which of Leeds. would warrant a formal verdict of guilty was not forthcoming; and a formal verdict of guilty would hardly have answered Wharton's purpose better than the informal verdict of guilty which the whole nation had already pronounced. The work was done. The Whigs were dominant. Leeds was no longer chief minister, was indeed no longer a minister at all. William, from respect probably for the memory of the beloved wife whom he had lately lost, and to whom Leeds had shown peculiar attachment, avoided every thing that could look like harshness. The fallen statesman was suffered to retain during a considerable time the title of Lord President, and to walk on public occasions between the Great Seal and the Privy Seal. But he was told that he would do well not to show himself at Council: the business and the patronage even of the department of which he was the nominal head passed into other hands; and the place which he ostensibly filled was considered in political circles as really vacant.†

He hastened into the country, and hid himself there, during some months, from the public eye. When the Parlia

* Exact Collection; Lords' Journals, May 3. 1695; Commons' Journals, May 2, 3.; L'Hermitage, May; London

Gazette, May 13.

+ L'Hermitage, May 10. 1695; Vernon to Shrewsbury, June 22. 1697.

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