Chapter 36: Trial By Peer
November, 1692
William kept his face blank as the lords filed in, he was sat at the front of the hall, with the government’s lawyer, the Attorney General Sir Thomas Powys, Barons Powys facing him. The Earl knew that the fate of his family rested on his trial. How it had come to this he did not know, they were supposed to get away with it and diminish the prestige that the Princess had. Now, they were all facing trial, and the Princess was likely to be able to shape opinion in Parliament for the next decade. Despite his influence in the Commons, William had been outflanked by Robert Spencer 3rd Earl of Sunderland and son of the deceased 2nd Earl, who had used his patronage powers to convince the moderate Whigs to vote in favour of the Articles of Impeachment that had been placed before the Commons. Now here he was.
The Lord Chancellor, a green boy named Cowper was presiding. “Order, order.” The Lords fell quiet. “We are gathered here today to begin the trial of William Cavendish, Earl of Devonshire on several accusations of treasonable intent. The procedure is the same as that that was used for the trial of his peers the Earl of Shrewsbury and Baron Sidney.” The Lord Chancellor said nothing for a moment allowing what he had said to settle in, he then turned to the Attorney General and said. “Sir Thomas you may begin.”
“Thank you, my lord.” the newly ennobled Sir Thomas said, he would be retiring after this case, William knew, and would no doubt want to end on a high. “My lords, the accused knows what he has done, but I shall repeat it for the benefit of you all. He stands accused of forging a letter in Her Highness the Princess Anne Duchess of Cumberland’s hand, in order to falsely accuse her of treasonable intent. He stands accused also of being the one behind a plot to remove His Majesty’s father King James from the throne and to install a new monarch upon the throne, and that this plot is still ongoing. Those are the charges before him, Lord Devonshire, what do you have to say?”
William looked at Sir Thomas, only at Sir Thomas and at nobody else. He said nothing for a beat, and then replied. “I deny the charge that I had a hand in forging the letter. That was all Shrewsbury’s work. I knew nothing of his intent to do so, and the first time I heard about it, was when I was told of what had happened.”
Sir Thomas looked at him and asked. “And how did you feel when you heard this?”
“Disgusted.” William said. He knew he was lying, but he had to keep his lines straight for the good of the family. “I could not believe the man had done something like that.”
“And why do you think he had done it?” Sir Thomas asked.
Careful, he wants you to fall into his trap. William’s mind warned him. again he took a moment to reply and then said. “Because he had become convinced that the regency council under the Princess was a threat to the order established after the restoration.” It was half true.
“And why then if you think that you had no knowledge of what he intended to do, the man said quite clearly that you were one of the few who knew what he was planning to do and that you even encouraged it?” Sir Thomas asked.
William wanted to swear then, he should have covered his ears when Shrewsbury had said that, but instead he had actively gone along with it. He knew to admit to that would mean his death and the failure of his family. He could not allow that; he had worked far too hard for that. So, taking a deep breath he said. “I do not know. Shrewsbury is someone who wishes to survive at all costs, he knows that he could not hope to survive on his own therefore he wishes to bring down my name with slander.”
Someone snorted on the government benches, it sounded oddly like the Marquess of Halifax, the man who William had come to loathe with every fibre of his being given the conversations they had had during the reign of King James’ father. Pushing down his irritation he looked at Powys. “I see, so it is slander. But what of the accusations made by the Earl of Shrewsbury that you were also part of a plot to remove the King’s father, as well as the King himself. That you were going to spread false rumours about the King’s birth?”
“I…” William began, and before he could continue Sir Thomas added.
“Bearing in mind that this House has seen the evidence of letters between yourself and Prince William discussing plans and plots and the gathering of support.”
William hesitated then, he knew then that perhaps he was dug into a corner with no possible way out other than to confess to one crime, but phrase it in such a way as to not make it a crime. “I admit that I was part of discussions with Shrewsbury and others about how to handle the future of King James’ reign. The man was breaking everything that his brother King Charles had worked for, and things were getting desperate. However, at no point did I ever consider removing King James from the throne. The discussions with Prince William were simply about how to handle the King, and asking him to mediate in a dispute with the King.”
There was another snort from the government benches, which prompted Cowper to say. “I implore the lords to maintain decorum during this proceeding, thank you.”
Sir Thomas looked at him, and as he looked back, William got the feeling that his very being was being examined down to his soul. It made him shift uncomfortably. “And the claim that you were going to deny the King his right to the throne and invite Prince William to take the throne?”
“Completely false, I would never commit such treason. The King is the King.” William said, he then added. “Furthermore, King James, God Bless his soul, died in an accident, so whatever disputes we might have had with him died with him. I am loyal to the King.”
William held his breath as Sir Thomas seemed to consider this, the man then said. “Very well, the government has no further questions.” Sir Thomas sat down.
William did not exhale until the Lord Chancellor said. “We shall take a short break, before hearing evidence from further witnesses.” As the man banged his gavel, William exhaled and then slumped down in his chair. He was exhausted.