oath, and might therefore have related mere fictions without incurring the penalties of perjury. The Lords, who might have administered an oath, appeared not to have examined any witness, and to have had no evidence before them except the letter of the Mayor of Lyme, which, in the eye of the law, was no evidence at all. Extreme danger, it is true, justifies extreme remedies. But the Act of Attainder was a remedy which could not operate till all danger was over, and which would become superfluous at the very moment at which it ceased to be null. While Monmouth was in arms it was impossible to execute him. If he should be vanquished and taken, there would be no hazard and no difficulty in trying him. It was afterwards remembered as a curious circumstance that, among zealous Tories who went up with the bill from the House of Commons to the bar of the Lords, was Sir John Fenwick, member for Northumberland. This gentleman, a few years later, had occasion to reconsider the whole subject, and then came to the conclusion that acts of attainder are altogether unjustifiable.[1]
The Parliament gave other proofs of loyalty in this hour of peril. The Commons authorised the King to raise an extraordinary sum of four hundred thousand pounds for his present necessities, and that he might have no difficulty in finding the money, proceeded to devise new imposts. The scheme of taxing houses lately built in the capital was revived and strenuously supported by the country gentlemen. It was resolved not only that such houses should be taxed, but that a bill should be brought in prohibiting the laying of any new foundations within the bills of mortality. The resolution, however, was not carried into effect. Powerful men who had land in the suburbs and who hoped to see new streets and squares rise on their estates, exerted all their influence against the project. It was found that to adjust the details would be a work of time; and the King's wants were so pressing that he thought it necessary to quicken the movements of the House by a gentle exhortation
- ↑ Oldmixon is wrong in saying that Fenwick carried up the bill. It was carried up, as appears from the Journals, by Lord Ancram. See Delamere's Observations on the Attainder of the Late Duke of Monmouth.
