The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) 📕

drop.357 Had it gone up to the Peers it would in all probability have been lost after causing another quarrel between the Houses. For the Peers were fully determined that no such bill should pass, unless it contained a clause altering the constitution of the Lord High Steward's Court; and a clause altering the constitution of the Lord High Steward's Court would have been less likely than ever to find favour with the Commons. For in the course of this session an event took place which proved that the great were only too well protected by the law as it stood, and which well deserves to be recorded as a striking illustration of the state of manners and morals in that age.

Of all the actors who were then on the English stage the most graceful was William Mountford. He had every physical qualification for his calling, a noble figure, a handsome face, a melodious voice. It was not easy to say whether he succeeded better in heroic or in ludicrous parts. He was allowed to be both the best Alexander and the best Sir Courtly Nice that ever trod the boards. Queen Mary, whose knowledge was very superficial, but who had naturally a quick perception of what was excellent in art, admired him greatly. He was a dramatist as well as a player, and has left us one comedy which is not contemptible.358

The most popular actress of the time was Anne Bracegirdle. There were on the stage many women of more faultless beauty, but none whose features and deportment had such power to fascinate the senses and the hearts of men. The sight of her bright black eyes and of her rich brown cheek sufficed to put the most turbulent audience into good humour. It was said of her that in the crowded theatre she had as many lovers as she had male spectators. Yet no lover, however rich, however high in rank, had prevailed on her to be his mistress. Those who are acquainted with the parts which she was in the habit of playing, and with the epilogues which it was her especial business to recite, will not easily give her credit for any extraordinary measure of virtue or of delicacy. She seems to have been a cold, vain and interested coquette, who perfectly understood how much the influence of her charms was increased by the fame of a severity which cost her nothing, and who could venture to flirt with a succession of admirers in the just confidence that no flame which she might kindle in them would thaw her own ice.359 Among those who pursued her with an insane desire was a profligate captain in the army named Hill. With Hill was closely bound in a league of debauchery and violence Charles Lord Mohun, a young nobleman whose life was one long revel and brawl. Hill, finding that the beautiful brunette was invincible, took it into his head that he was rejected for a more favoured rival, and that this rival was the brilliant Mountford. The jealous lover swore over his wine at a tavern that he would stab the villain. "And I," said Mohun, "will stand by my friend." From the tavern the pair went, with some soldiers whose services Hill had secured, to Drury Lane where the lady resided. They lay some time in wait for her. As soon as she appeared in the street she was seized and hurried to a coach. She screamed for help; her mother clung round her; the whole neighbourhood rose; and she was rescued. Hill and Mohun went away vowing vengeance. They swaggered sword in hand during two hours about the streets near Mountford's dwelling. The watch requested them to put up their weapons. But when the young lord announced that he was a peer, and bade the constables touch him if they durst, they let him pass. So strong was privilege then; and so weak was law. Messengers were sent to warn Mountford of his danger; but unhappily they missed him. He came. A short altercation took place between him and Mohun; and, while they were wrangling, Hill ran the unfortunate actor through the body, and fled.

The grand jury of Middlesex, consisting of gentlemen of note, found a bill of murder against Hill and Mohun. Hill escaped. Mohun was taken. His mother threw herself at William's feet, but in vain. "It was a cruel act," said the King; "I shall leave it to the law." The trial came on in the Court of the Lord High Steward; and, as Parliament happened to be sitting, the culprit had the advantage of being judged by the whole body of the peerage. There was then no lawyer in the Upper House. It therefore became necessary, for the first time since Buckhurst had pronounced sentence on Essex and Southampton, that a peer who had never made jurisprudence his special study should preside over that grave tribunal. Caermarthen, who, as Lord President, took precedence of all the nobility, was appointed Lord High Steward. A full report of the proceedings has come down to us. No person, who carefully examines that report, and attends to the opinion unanimously given by the judges in answer to a question which Nottingham drew up, and in which the facts brought out by the evidence are stated with perfect fairness, can doubt that the crime of murder was fully brought home to the prisoner. Such was the opinion of the King who was present during the trial; and such was the almost unanimous opinion of the public. Had the issue been tried by Holt and twelve plain men at the Old Bailey, there can be no doubt that a verdict of Guilty would have been returned. The Peers, however, by sixty-nine votes to fourteen, acquitted their accused brother. One great nobleman was so brutal and stupid as to say, "After all the fellow was but a player; and players are rogues." All the newsletters, all the coffeehouse orators, complained that the blood of the poor was shed with impunity by the great. Wits remarked that the only fair thing about the trial was the show of ladies in the galleries. Letters and journals are still extant in which men of all shades of opinion, Whigs, Tories, Nonjurors, condemn the partiality of the tribunal. It was not to be expected that, while the memory of this scandal was fresh in the public mind, the Commons would be induced to give any new advantage to accused peers.360

The Commons had, in the meantime, resumed the consideration of another highly important matter, the state of the trade with India. They had, towards the close of the preceding session, requested the King to dissolve the old Company and to constitute a new Company on such terms as he should think fit; and he had promised to take their request into his serious consideration. He now sent a message to inform them that it was out of his power to do what they had asked. He had referred the charter of the old Company to the Judges, and the judges had pronounced that, under the provisions of that charter, the old Company could not be dissolved without three years' notice, and must retain during those three years the exclusive privilege of trading to the East Indies. He added that, being sincerely desirous to gratify the Commons, and finding himself unable to do so in the way which they had pointed out, he had tried to prevail on the old Company to agree to a compromise; but that body stood obstinately on its extreme rights; and his endeavours had been frustrated.361

This message reopened the whole question. The two factions which divided the City were instantly on the alert. The debates in the House were long and warm. Petitions against the old Company were laid on the table. Satirical handbills against the new Company were distributed in the lobby. At length, after much discussion, it was resolved to present an address requesting the King to give the notice which the judges had pronounced necessary. He promised to bear the subject in mind, and to do his best to promote the welfare of the kingdom. With this answer the House was satisfied, and the subject was not again mentioned till the next session.362

The debates of the Commons on the conduct of the war, on the law of treason and on the trade with India, occupied much time, and produced no important result. But meanwhile real business was doing in the Committee of Supply and the Committee of Ways and Means. In the Committee of Supply the estimates passed rapidly. A few members declared it to be their opinion that England ought to withdraw her troops from the Continent, to carry on the war with vigour by sea, and to keep up only such an army as might be sufficient to repel any invader who might elude the vigilance of her fleets. But this doctrine, which speedily became and long continued to be the badge of one of the great parties in the state, was as yet professed only by a small minority which did not venture to call for a division.363

In the Committee of Ways and Means, it was determined that a great part of the charge of the year should be defrayed by means of an impost, which, though old in substance, was new in form. From a very early period to the middle of the seventeenth century, our Parliaments had provided for the extraordinary necessities of the government chiefly by granting subsidies. A subsidy was raised by an impost on the people of the realm in respect of their reputed estates. Landed property was the chief subject of taxation, and was assessed nominally at four shillings in the pound. But the assessment was made in such a way that it not only did not rise in proportion to the rise in the value of land or to the fall in the value of the precious metals, but went on constantly sinking, till at length the rate was in truth less than twopence in the pound. In the time of Charles the First a real tax of four shillings in the pound on land would probably have yielded near a million and a half; but a subsidy amounted to little more than fifty thousand pounds.364

The financiers of the Long Parliament devised a more efficient mode of taxing estates. The sum which was to be raised was fixed. It was then distributed among the counties in proportion to their supposed wealth, and was levied within each county by a rate. The revenue derived from these assessments in the time of the Commonwealth varied from thirty-five thousand pounds to a hundred and twenty thousand pounds a month.

After the Restoration the legislature seemed for a time inclined to revert, in finance as in other things, to the ancient practice. Subsidies were once or twice granted to Charles the Second. But it soon appeared that the old system was much less convenient than the new system. The Cavaliers condescended to take a lesson in the art of taxation from the Roundheads; and, during the interval between the Restoration and the Revolution, extraordinary calls were occasionally met by assessments resembling the assessments of the Commonwealth. After the Revolution, the war with France made it necessary to have recourse annually to this abundant source of revenue. In 1689, in 1690 and in 1691, great sums had been raised on the land. At length in 1692 it was determined to draw supplies from real property more largely than ever. The Commons resolved that a new and more accurate valuation of estates should be made over the whole realm, and that on the rental thus ascertained a pound rate should be paid to the government.

Such was the origin of the existing land tax.