The History of England, from the Accession of James II — Volume 4

The Commons next proceeded to inquire into the naval administration, and very soon came to a quarrel with the Lords on that subject. That there had been mismanagement somewhere was but too evident. It was hardly possible to acquit both Russell and Nottingham; and each House stood by its own member. The Commons had, at the opening of the session, unanimously passed a vote of thanks to Russell for his conduct at La Hogue. They now, in the Grand Committee of Advice, took into consideration the miscarriages which had followed the battle. A motion was made so vaguely worded that it could hardly be said to mean any thing. It was understood however to imply a censure on Nottingham, and was therefore strongly opposed by his friends. On the division the Ayes were a hundred and sixty-five, the Noes a hundred and sixty-four. 350

On the very next day Nottingham appealed to the Lords. He told his story with all the skill of a practised orator, and with all the authority which belongs to unblemished integrity. He then laid on the table a great mass of papers, which he requested the House to read and consider. The Peers seem to have examined the papers seriously and diligently. The result of the examination was by no means favourable to Russell. Yet it was thought unjust to condemn him unheard; and it was difficult to devise any way in which their Lordships could hear him. At last it was resolved to send the papers down to the Commons with a message which imported that, in the opinion of the Upper House, there was a case against the Admiral which he ought to be called upon to answer. With the papers was sent an abstract of the contents. 351

The message was not very respectfully received. Russell had, at that moment, a popularity which he little deserved, but which will not surprise us when we remember that the public knew nothing of his treasons, and knew that he was the only living Englishman who had won a great battle. The abstract of the papers was read by the clerk. Russell then spoke with great applause; and his friends pressed for an immediate decision. Sir Christopher Musgrave very justly observed that it was impossible to pronounce judgment on such a pile of despatches without perusing them; but this objection was overruled. The Whigs regarded the accused member as one of themselves; many of the Tories were dazzled by the splendour of his recent victory; and neither Whigs nor Tories were disposed to show any deference for the authority of the Peers. The House, without reading the papers, passed an unanimous resolution expressing warm approbation of Russell's whole conduct. The temper of the assembly was such that some ardent Whigs thought that they might now venture to propose a vote of censure on Nottingham by name. But the attempt failed. "I am ready," said Lowther,—and he doubtless expressed what many felt,—"I am ready to support any motion that may do honour to the Admiral; but I cannot join in an attack on the Secretary of State. For, to my knowledge, their Majesties have no more zealous, laborious or faithful servant than my Lord Nottingham." Finch exerted all his mellifluous eloquence in defence of his brother, and contrived, without directly opposing himself to the prevailing sentiment, to insinuate that Russell's conduct had not been faultless. The vote of censure on Nottingham was not pressed. The vote which pronounced Russell's conduct to have been deserving of all praise was communicated to the Lords; and the papers which they had sent down were very unceremoniously returned. 352 The Lords, much offended, demanded a free conference. It was granted; and the managers of the two Houses met in the Painted Chamber. Rochester, in the name of his brethren, expressed a wish to be informed of the grounds on which the Admiral had been declared faultless. To this appeal the gentlemen who stood on the other side of the table answered only that they had not been authorised to give any explanation, but that they would report to those who had sent them what had been said. 353

By this time the Commons were thoroughly tired of the inquiry into the conduct of the war. The members had got rid of much of the ill humour which they had brought up with them from their country seats by the simple process of talking it away. Burnet hints that those arts of which Caermarthen and Trevor were the great masters were employed for the purpose of averting votes which would have seriously embarrassed the government. But, though it is not improbable that a few noisy pretenders to patriotism may have been quieted with bags of guineas, it would be absurd to suppose that the House generally was influenced in this manner. Whoever has seen anything of such assemblies knows that the spirit with which they enter on long inquiries very soon flags, and that their resentment, if not kept alive by injudicious opposition, cools fast. In a short time every body was sick of the Grand Committee of Advice. The debates had been tedious and desultory. The resolutions which had been carried were for the most part merely childish. The King was to be humbly advised to employ men of ability and integrity. He was to be humbly advised to employ men who would stand by him against James. The patience of the House was wearied out by long discussions ending in the pompous promulgation of truisms like these. At last the explosion came. One of the grumblers called the attention of the Grand Committee to the alarming fact that two Dutchmen were employed in the Ordnance department, and moved that the King should be humbly advised to dismiss them. The motion was received with disdainful mockery. It was remarked that the military men especially were loud in the expression of contempt. "Do we seriously think of going to the King and telling him that, as he has condescended to ask our advice at this momentous crisis, we humbly advise him to turn a Dutch storekeeper out of the Tower? Really, if we have no more important suggestion to carry up to the throne, we may as well go to our dinners." The members generally were of the same mind. The chairman was voted out of the chair, and was not directed to ask leave to sit again. The Grand Committee ceased to exist. The resolutions which it had passed were formally reported to the House. One of them was rejected; the others were suffered to drop; and the Commons, after considering during several weeks what advice they should give to the King, ended by giving him no advice at all. 354

The temper of the Lords was different. From many circumstances it appears that there was no place where the Dutch were, at this time, so much hated as in the Upper House. The dislike with which an Englishman of the middle class regarded the King's foreign friends was merely national. But the dislike with which an English nobleman regarded them was personal. They stood between him and Majesty. They intercepted from him the rays of royal favour. The preference given to them wounded him both in his interests and in his pride. His chance of the Garter was much smaller since they had become his competitors. He might have been Master of the Horse but for Auverquerque, Master of the Robes but for Zulestein, Groom of the Stole but for Bentinck. 355 The ill humour of the aristocracy was inflamed by Marlborough, who, at this time, affected the character of a patriot persecuted for standing up against the Dutch in defence of the interests of his native land, and who did not foresee that a day would come when he would be accused of sacrificing the interests of his native land to gratify the Dutch. The Peers determined to present an address, requesting William not to place his English troops under the command of a foreign general. They took up very seriously that question which had moved the House of Commons to laughter, and solemnly counselled their Sovereign not to employ foreigners in his magazines. At Marlborough's suggestion they urged the King to insist that the youngest English general should take precedence of the oldest general in the service of the States General. It was, they said, derogatory to the dignity of the Crown, that an officer who held a commission from His Majesty should ever be commanded by an officer who held a similar commission from a republic. To this advice, evidently dictated by an ignoble malevolence to Holland, William, who troubled himself little about votes of the Upper House which were not backed by the Lower, returned, as might have been expected, a very short and dry answer. 356

While the inquiry into the conduct of the war was pending, the Commons resumed the consideration of an important subject which had occupied much of their attention in the preceding year. The Bill for the Regulation of Trials in cases of High Treason was again brought in, but was strongly opposed by the official men, both Whigs and Tories. Somers, now Attorney General, strongly recommended delay. That the law, as it stood, was open to grave objections, was not denied; but it was contended that the proposed reform would, at that moment, produce more harm than good. Nobody would assert that, under the existing government, the lives of innocent subjects were in any danger. Nobody would deny that the government itself was in great danger. Was it the part of wise men to increase the perils of that which was already in serious peril for the purpose of giving new security to that which was already perfectly secure? Those who held this language were twitted with their inconsistency, and asked why they had not ventured to oppose the bill in the preceding session. They answered very plausibly that the events which had taken place during the recess had taught an important lesson to all who were capable of learning. The country had been threatened at once with invasion and insurrection. No rational man doubted that many traitors had made preparations for joining the French, and had collected arms, ammunition and horses for that purpose. Yet, though there was abundant moral evidence against these enemies of their country, it had not been possible to find legal evidence against a single one of them. The law of treason might, in theory, be harsh, and had undoubtedly, in times past, been grossly abused. But a statesman who troubled himself less about theory than about practice, and less about times past than about the time present, would pronounce that law not too stringent but too lax, and would, while the commonwealth remained in extreme jeopardy, refuse to consent to any further relaxation. In spite of all opposition, however, the principle of the bill was approved by one hundred and seventy-one votes to one hundred and fifty-two. But in the committee it was moved and carried that the new rules of procedure should not come into operation till after the end of the war with France. When the report was brought up the House divided on this amendment, and ratified it by a hundred and forty-five votes to a hundred and twenty-five. The bill was consequently suffered to 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. The valuation made in 1692 has remained unaltered down to our own time. According to that valuation, one shilling in the pound on the rental of the kingdom amounted, in round numbers, to half a million. During a hundred and six years, a land tax bill was annually presented to Parliament, and was annually passed, though not always without murmurs from the country gentlemen. The rate was, in time of war, four shillings in the pound. In time of peace, before the reign of George the Third, only two or three shillings were usually granted; and, during a short part of the prudent and gentle administration of Walpole, the government asked for only one shilling. But, after the disastrous year in which England drew the sword against her American colonies, the rate was never less than four shillings. At length, in the year 1798, the Parliament relieved itself from the trouble of passing a new Act every spring. The land tax, at four shillings in the pound, was made permanent; and those who were subject to it were permitted to redeem it. A great part has been redeemed; and at present little more than a fiftieth of the ordinary revenue required in time of peace is raised by that impost which was once regarded as the most productive of all the resources of the State. 365

The land tax was fixed, for the year 1693, at four shillings in the pound, and consequently brought about two millions into the Treasury. That sum, small as it may seem to a generation which has expended a hundred and twenty millions in twelve months, was such as had never before been raised here in one year by direct taxation. It seemed immense both to Englishmen and to foreigners. Lewis, who found it almost impossible to wring by cruel exactions from the beggared peasantry of France the means of supporting the greatest army and the most gorgeous court that had existed in Europe since the downfall of the Roman empire, broke out, it is said, into an exclamation of angry surprise when he learned that the Commons of England had, from dread and hatred of his power, unanimously determined to lay on themselves, in a year of scarcity and of commercial embarrassment, a burden such as neither they nor their fathers had ever before borne. "My little cousin of Orange," he said, "seems to be firm in the saddle." He afterwards added: "No matter, the last piece of gold will win." This however was a consideration from which, if he had been well informed touching the resources of England, he would not have derived much comfort. Kensington was certainly a mere hovel when compared to his superb Versailles. The display of jewels, plumes and lace, led horses and gilded coaches, which daily surrounded him, far outshone the splendour which, even on great public occasions, our princes were in the habit of displaying. But the condition of the majority of the people of England was, beyond all doubt, such as the majority of the people of France might well have envied. In truth what was called severe distress here would have been called unexampled prosperity there.

The land tax was not imposed without a quarrel between the Houses. The Commons appointed commissioners to make the assessment. These commissioners were the principal gentlemen of every county, and were named in the bill. The Lords thought this arrangement inconsistent with the dignity of the peerage. They therefore inserted a clause providing that their estates should be valued by twenty of their own order. The Lower House indignantly rejected this amendment, and demanded an instant conference. After some delay, which increased the ill humour of the Commons, the conference took place. The bill was returned to the Peers with a very concise and haughty intimation that they must not presume to alter laws relating to money. A strong party among the Lords was obstinate. Mulgrave spoke at great length against the pretensions of the plebeians. He told his brethren that, if they gave way, they would abdicate that authority which had belonged to the baronage of England ever since the foundation of the monarchy, and that they would have nothing left of their old greatness except their coronets and ermines. Burnet says that this speech was the finest that he ever heard in Parliament; and Burnet was undoubtedly a good judge of speaking, and was neither partial to Mulgrave nor zealous for the privileges of the aristocracy. The orator, however, though he charmed his hearers, did not succeed in convincing them. Most of them shrank from a conflict in which they would have had against them the Commons united as one man, and the King, who, in case of necessity, would undoubtedly have created fifty peers rather than have suffered the land tax bill to be lost. Two strong protests, however, signed, the first by twenty-seven, the second by twenty-one dissentients, show how obstinately many nobles were prepared to contend at all hazards for the dignity of their caste. Another conference was held; and Rochester announced that the Lords, for the sake of the public interest, waived what they must nevertheless assert to be their clear right, and would not insist on their amendment. 366 The bill passed, and was followed by bills for laying additional duties on imports, and for taxing the dividends of joint stock companies.

Still, however, the estimated revenue was not equal to the estimated expenditure. The year 1692 had bequeathed a large deficit to the year 1693; and it seemed probable that the charge for 1693 would exceed by about five hundred thousand pounds the charge for 1692. More than two millions had been voted for the army and ordnance, near two millions for the navy. 367 Only eight years before fourteen hundred thousand pounds had defrayed the whole annual charge of government. More than four times that sum was now required. Taxation, both direct and indirect, had been carried to an unprecedented point; yet the income of the state still fell short of the outlay by about a million. It was necessary to devise something. Something was devised, something of which the effects are felt to this day in every part of the globe.

There was indeed nothing strange or mysterious in the expedient to which the government had recourse. It was an expedient familiar, during two centuries, to the financiers of the Continent, and could hardly fail to occur to any English statesman who compared the void in the Exchequer with the overflow in the money market.

During the interval between the Restoration and the Revolution the riches of the nation had been rapidly increasing. Thousands of busy men found every Christmas that, after the expenses of the year's housekeeping had been defrayed out of the year's income, a surplus remained; and how that surplus was to be employed was a question of some difficulty. In our time, to invest such a surplus, at something more than three per cent., on the best security that has ever been known in the world, is the work of a few minutes. But in the seventeenth century a lawyer, a physician, a retired merchant, who had saved some thousands and who wished to place them safely and profitably, was often greatly embarrassed. Three generations earlier, a man who had accumulated wealth in a profession generally purchased real property or lent his savings on mortgage. But the number of acres in the kingdom had remained the same; and the value of those acres, though it had greatly increased, had by no means increased so fast as the quantity of capital which was seeking for employment. Many too wished to put their money where they could find it at an hour's notice, and looked about for some species of property which could be more readily transferred than a house or a field. A capitalist might lend on bottomry or on personal security; but, if he did so, he ran a great risk of losing interest and principal. There were a few joint stock companies, among which the East India Company held the foremost place; but the demand for the stock of such companies was far greater than the supply. Indeed the cry for a new East India Company was chiefly raised by persons who had found difficulty in placing their savings at interest on good security. So great was that difficulty that the practice of hoarding was common. We are told that the father of Pope the poet, who retired from business in the City about the time of the Revolution, carried to a retreat in the country a strong box containing near twenty thousand pounds, and took out from time to time what was required for household expenses; and it is highly probable that this was not a solitary case. At present the quantity of coin which is hoarded by private persons is so small that it would, if brought forth, make no perceptible addition to the circulation. But, in the earlier part of the reign of William the Third, all the greatest writers on currency were of opinion that a very considerable mass of gold and silver was hidden in secret drawers and behind wainscots.