The History of England, from the Accession of James II — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
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]
Public-domain text, read in full here on John Shaqi.
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