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.360The 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.361This 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.362The 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. Afew 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.363In 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. Asubsidy 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.364The 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.
