The History of England, from the Accession of James II — Volume 1

The government was dissatisfied with Kirke, not on account of the barbarity with which he had treated his needy prisoners, but on account of the interested lenity which he had shown to rich delinquents. 440 He was soon recalled from the West. A less irregular and more cruel massacre was about to be perpetrated. The vengeance was deferred during some weeks. It was thought desirable that the Western Circuit should not begin till the other circuits had terminated. In the meantime the gaols of Somersetshire and Dorsetshire were filled with thousands of captives. The chief friend and protector of these unhappy men in their extremity was one who abhorred their religious and political opinions, one whose order they hated, and to whom they had done unprovoked wrong, Bishop Ken. That good prelate used all his influence to soften the gaolers, and retrenched from his own episcopal state that he might be able to make some addition to the coarse and scanty fare of those who had defaced his beloved Cathedral. His conduct on this occasion was of a piece with his whole life. His intellect was indeed darkened by many superstitions and prejudices: but his moral character, when impartially reviewed, sustains a comparison with any in ecclesiastical history, and seems to approach, as near as human infirmity permits, to the ideal perfection of Christian virtue. 441

His labour of love was of no long duration. A rapid and effectual gaol delivery was at hand. Early in September, Jeffreys, accompanied by four other judges, set out on that circuit of which the memory will last as long as our race and language. The officers who commanded the troops in the districts through which his course lay had orders to furnish him with whatever military aid he might require. His ferocious temper needed no spur; yet a spur was applied. The health and spirits of the Lord Keeper had given way. He had been deeply mortified by the coldness of the King and by the insolence of the Chief Justice, and could find little consolation in looking back on a life, not indeed blackened by any atrocious crime, but sullied by cowardice, selfishness, and servility. So deeply was the unhappy man humbled that, when he appeared for the last time in Westminster Hall he took with him a nosegay to hide his face, because, as he afterwards owned, he could not bear the eyes of the bar and of the audience. The prospect of his approaching end seems to have inspired him with unwonted courage. He determined to discharge his conscience, requested an audience of the King, spoke earnestly of the dangers inseparable from violent and arbitrary counsels, and condemned the lawless cruelties which the soldiers had committed in Somersetshire. He soon after retired from London to die. He breathed his last a few days after the Judges set out for the West. It was immediately notified to Jeffreys that he might expect the Great Seal as the reward of faithful and vigorous service. 442

At Winchester the Chief Justice first opened his commission. Hampshire had not been the theatre of war; but many of the vanquished rebels had, like their leader, fled thither. Two of them, John Hickes, a Nonconformist divine, and Richard Nelthorpe, a lawyer who had been outlawed for taking part in the Rye House plot, had sought refuge at the house of Alice, widow of John Lisle. John Lisle had sate in the Long Parliament and in the High Court of Justice, had been a commissioner of the Great Seal in the days of the Commonwealth and had been created a Lord by Cromwell. The titles given by the Protector had not been recognised by any government which had ruled England since the downfall of his house; but they appear to have been often used in conversation even by Royalists. John Lisle's widow was therefore commonly known as the Lady Alice. She was related to many respectable, and to some noble, families; and she was generally esteemed even by the Tory gentlemen of her country. For it was well known to them that she had deeply regretted some violent acts in which her husband had borne a part, that she had shed bitter tears for Charles the First, and that she had protected and relieved many Cavaliers in their distress. The same womanly kindness, which had led her to befriend the Royalists in their time of trouble, would not suffer her to refuse a meal and a hiding place to the wretched men who now entreated her to protect them. She took them into her house, set meat and drink before them, and showed them where they might take rest. The next morning her dwelling was surrounded by soldiers. Strict search was made. Hickes was found concealed in the malthouse, and Nelthorpe in the chimney. If Lady Alice knew her guests to have been concerned in the insurrection, she was undoubtedly guilty of what in strictness was a capital crime. For the law of principal and accessory, as respects high treason, then was, and is to this day, in a state disgraceful to English jurisprudence. In cases of felony, a distinction founded on justice and reason, is made between the principal and the accessory after the fact. He who conceals from justice one whom he knows to be a murderer is liable to punishment, but not to the punishment of murder. He, on the other hand, who shelters one whom he knows to be a traitor is, according to all our jurists, guilty of high treason. It is unnecessary to point out the absurdity and cruelty of a law which includes under the same definition, and visits with the same penalty, offences lying at the opposite extremes of the scale of guilt. The feeling which makes the most loyal subject shrink from the thought of giving up to a shameful death the rebel who, vanquished, hunted down, and in mortal agony, begs for a morsel of bread and a cup of water, may be a weakness; but it is surely a weakness very nearly allied to virtue, a weakness which, constituted as human beings are, we can hardly eradicate from the mind without eradicating many noble and benevolent sentiments. A wise and good ruler may not think it right to sanction this weakness; but he will generally connive at it, or punish it very tenderly. In no case will he treat it as a crime of the blackest dye. Whether Flora Macdonald was justified in concealing the attainted heir of the Stuarts, whether a brave soldier of our own time was justified in assisting the escape of Lavalette, are questions on which casuists may differ: but to class such actions with the crimes of Guy Faux and Fieschi is an outrage to humanity and common sense. Such, however, is the classification of our law. It is evident that nothing but a lenient administration could make such a state of the law endurable. And it is just to say that, during many generations, no English government, save one, has treated with rigour persons guilty merely of harbouring defeated and flying insurgents. To women especially has been granted, by a kind of tacit prescription, the right of indulging in the midst of havoc and vengeance, that compassion which is the most endearing of all their charms. Since the beginning of the great civil war, numerous rebels, some of them far more important than Hickes or Nelthorpe, have been protected from the severity of victorious governments by female adroitness and generosity. But no English ruler who has been thus baffled, the savage and implacable James alone excepted, has had the barbarity even to think of putting a lady to a cruel and shameful death for so venial and amiable a transgression.

Odious as the law was, it was strained for the purpose of destroying Alice Lisle. She could not, according to the doctrine laid down by the highest authority, be convicted till after the conviction of the rebels whom she had harboured. 443 She was, however, set to the bar before either Hickes or Nelthorpe had been tried. It was no easy matter in such a case to obtain a verdict for the crown. The witnesses prevaricated. The jury, consisting of the principal gentlemen of Hampshire, shrank from the thought of sending a fellow creature to the stake for conduct which seemed deserving rather of praise than of blame. Jeffreys was beside himself with fury. This was the first case of treason on the circuit; and there seemed to be a strong probability that his prey would escape him. He stormed, cursed, and swore in language which no wellbred man would have used at a race or a cockfight. One witness named Dunne, partly from concern for Lady Alice, and partly from fright at the threats and maledictions of the Chief Justice, entirely lost his head, and at last stood silent. "Oh how hard the truth is," said Jeffreys, "to come out of a lying Presbyterian knave." The witness, after a pause of some minutes, stammered a few unmeaning words. "Was there ever," exclaimed the judge, with an oath, "was there ever such a villain on the face of the earth? Dost thou believe that there is a God? Dost thou believe in hell fire. Of all the witnesses that I ever met with I never saw thy fellow." Still the poor man, scared out of his senses, remained mute; and again Jeffreys burst forth. "I hope, gentlemen of the jury, that you take notice of the horrible carriage of this fellow. How can one help abhorring both these men and their religion? A Turk is a saint to such a fellow as this. A Pagan would be ashamed of such villany. Oh blessed Jesus! What a generation of vipers do we live among!" "I cannot tell what to say, my Lord," faltered Dunne. The judge again broke forth into a volley of oaths. "Was there ever," he cried, "such an impudent rascal? Hold the candle to him that we may see his brazen face. You, gentlemen, that are of counsel for the crown, see that an information for perjury be preferred against this fellow." After the witnesses had been thus handled, the Lady Alice was called on for her defence. She began by saying, what may possibly have been true, that though she knew Hickes to be in trouble when she took him in, she did not know or suspect that he had been concerned in the rebellion. He was a divine, a man of peace. It had, therefore, never occurred to her that he could have borne arms against the government; and she had supposed that he wished to conceal himself because warrants were out against him for field preaching. The Chief Justice began to storm. "But I will tell you. There is not one of those lying, snivelling, canting Presbyterians but, one way or another, had a hand in the rebellion. Presbytery has all manner of villany in it. Nothing but Presbytery could have made Dunne such a rogue. Show me a Presbyterian; and I'll show thee a lying knave." He summed up in the same style, declaimed during an hour against Whigs and Dissenters, and reminded the jury that the prisoner's husband had borne a part in the death of Charles the First, a fact which had not been proved by any testimony, and which, if it had been proved, would have been utterly irrelevant to the issue. The jury retired, and remained long in consultation. The judge grew impatient. He could not conceive, he said, how, in so plain a case, they should even have left the box. He sent a messenger to tell them that, if they did not instantly return, he would adjourn the court and lock them up all night. Thus put to the torture, they came, but came to say that they doubted whether the charge had been made out. Jeffreys expostulated with them vehemently, and, after another consultation, they gave a reluctant verdict of Guilty.

On the following morning sentence was pronounced. Jeffreys gave directions that Alice Lisle should be burned alive that very afternoon. This excess of barbarity moved the pity and indignation even of the class which was most devoted to the crown. The clergy of Winchester Cathedral remonstrated with the Chief Justice, who, brutal as he was, was not mad enough to risk a quarrel on such a subject with a body so much respected by the Tory party. He consented to put off the execution five days. During that time the friends of the prisoner besought James to be merciful. Ladies of high rank interceded for her. Feversham, whose recent victory had increased his influence at court, and who, it is said, had been bribed to take the compassionate side, spoke in her favour. Clarendon, the King's brother in law, pleaded her cause. But all was vain. The utmost that could be obtained was that her sentence should be commuted from burning to beheading. She was put to death on a scaffold in the marketplace of Winchester, and underwent her fate with serene courage. 444

In Hampshire Alice Lisle was the only victim: but, on the day following her execution, Jeffreys reached Dorchester, the principal town of the county in which Monmouth had landed; and the judicial massacre began. The court was hung, by order of the Chief Justice, with scarlet; and this innovation seemed to the multitude to indicate a bloody purpose. It was also rumoured that, when the clergyman who preached the assize sermon enforced the duty of mercy, the ferocious mouth of the Judge was distorted by an ominous grin. These things made men augur ill of what was to follow. 445

More than three hundred prisoners were to be tried. The work seemed heavy; but Jeffreys had a contrivance for making it light. He let it be understood that the only chance of obtaining pardon or respite was to plead guilty. Twenty-nine persons, who put themselves on their country and were convicted, were ordered to be tied up without delay. The remaining prisoners pleaded guilty by scores. Two hundred and ninety-two received sentence of death. The whole number hanged in Dorsetshire amounted to seventy-four.

From Dorchester Jeffreys proceeded to Exeter. The civil war had barely grazed the frontier of Devonshire. Here, therefore, comparatively few persons were capitally punished. Somersetshire, the chief seat of the rebellion, had been reserved for the last and most fearful vengeance. In this county two hundred and thirty-three prisoners were in a few days hanged, drawn, and quartered. At every spot where two roads met, on every marketplace, on the green of every large village which had furnished Monmouth with soldiers, ironed corpses clattering in the wind, or heads and quarters stuck on poles, poisoned the air, and made the traveller sick with horror. In many parishes the peasantry could not assemble in the house of God without seeing the ghastly face of a neighbour grinning at them over the porch. The Chief Justice was all himself. His spirits rose higher and higher as the work went on. He laughed, shouted, joked, and swore in such a way that many thought him drunk from morning to night. But in him it was not easy to distinguish the madness produced by evil passions from the madness produced by brandy. A prisoner affirmed that the witnesses who appeared against him were not entitled to credit. One of them, he said, was a Papist, and another a prostitute. "Thou impudent rebel," exclaimed the Judge, "to reflect on the King's evidence! I see thee, villain, I see thee already with the halter round thy neck." Another produced testimony that he was a good Protestant. "Protestant!" said Jeffreys; "you mean Presbyterian. I'll hold you a wager of it. I can smell a Presbyterian forty miles." One wretched man moved the pity even of bitter Tories. "My Lord," they said, "this poor creature is on the parish." "Do not trouble yourselves," said the Judge, "I will ease the parish of the burden." It was not only against the prisoners that his fury broke forth. Gentlemen and noblemen of high consideration and stainless loyalty, who ventured to bring to his notice any extenuating circumstance, were almost sure to receive what he called, in the coarse dialect which he had learned in the pothouses of Whitechapel, a lick with the rough side of his tongue. Lord Stawell, a Tory peer, who could not conceal his horror at the remorseless manner in which his poor neighbours were butchered, was punished by having a corpse suspended in chains at his park gate. 446 In such spectacles originated many tales of terror, which were long told over the cider by the Christmas fires of the farmers of Somersetshire. Within the last forty years, peasants, in some districts, well knew the accursed spots, and passed them unwillingly after sunset. 447

Jeffreys boasted that he had hanged more traitors than all his predecessors together since the Conquest. It is certain that the number of persons whom he put to death in one month, and in one shire, very much exceeded the number of all the political offenders who have been put to death in our island since the Revolution. The rebellions of 1715 and 1745 were of longer duration, of wider extent, and of more formidable aspect than that which was put down at Sedgemoor. It has not been generally thought that, either after the rebellion of 1715, or after the rebellion of 1745, the House of Hanover erred on the side of clemency. Yet all the executions of 1715 and 1745 added together will appear to have been few indeed when compared with those which disgraced the Bloody Assizes. The number of the rebels whom Jeffreys hanged on this circuit was three hundred and twenty. 448

Such havoc must have excited disgust even if the sufferers had been generally odious. But they were, for the most part, men of blameless life, and of high religious profession. They were regarded by themselves, and by a large proportion of their neighbours, not as wrongdoers, but as martyrs who sealed with blood the truth of the Protestant religion. Very few of the convicts professed any repentance for what they had done. Many, animated by the old Puritan spirit, met death, not merely with fortitude, but with exultation. It was in vain that the ministers of the Established Church lectured them on the guilt of rebellion and on the importance of priestly absolution. The claim of the King to unbounded authority in things temporal, and the claim of the clergy to the spiritual power of binding and loosing, moved the bitter scorn of the intrepid sectaries. Some of them composed hymns in the dungeon, and chaunted them on the fatal sledge. Christ, they sang while they were undressing for the butchery, would soon come to rescue Zion and to make war on Babylon, would set up his standard, would blow his trumpet, and would requite his foes tenfold for all the evil which had been inflicted on his servants. The dying words of these men were noted down: their farewell letters were kept as treasures; and, in this way, with the help of some invention and exaggeration, was formed a copious supplement to the Marian martyrology. 449

A few eases deserve special mention. Abraham Holmes, a retired officer of the parliamentary army, and one of those zealots who would own no king but King Jesus, had been taken at Sedgemoor. His arm had been frightfully mangled and shattered in the battle; and, as no surgeon was at hand, the stout old soldier amputated it himself. He was carried up to London, and examined by the King in Council, but would make no submission. "I am an aged man," he said, "and what remains to me of life is not worth a falsehood or a baseness. I have always been a republican; and I am so still." He was sent back to the West and hanged. The people remarked with awe and wonder that the beasts which were to drag him to the gallows became restive and went back. Holmes himself doubted not that the Angel of the Lord, as in the old time, stood in the way sword in hand, invisible to human eyes, but visible to the inferior animals. "Stop, gentlemen," he cried: "let me go on foot. There is more in this than you think. Remember how the ass saw him whom the prophet could not see." He walked manfully to the gallows, harangued the people with a smile, prayed fervently that God would hasten the downfall of Antichrist and the deliverance of England, and went up the ladder with an apology for mounting so awkwardly. "You see," he said, "I have but one arm." 450

Not less courageously died Christopher Balttiscombe, a young Templar of good family and fortune, who, at Dorchester, an agreeable provincial town proud of its taste and refinement, was regarded by all as the model of a fine gentleman. Great interest was made to save him. It was believed through the West of England that he was engaged to a young lady of gentle blood, the sister of the Sheriff, that she threw herself at the feet of Jeffreys to beg for mercy, and that Jeffreys drove her from him with a jest so hideous that to repeat it would be an offence against decency and humanity. Her lover suffered at Lyme piously and courageously. 451

A still deeper interest was excited by the fate of two gallant brothers, William and Benjamin Hewling. They were young, handsome, accomplished, and well connected. Their maternal grandfather was named Kiffin. He was one of the first merchants in London, and was generally considered as the head of the Baptists. The Chief Justice behaved to William Hewling on the trial with characteristic brutality. "You have a grandfather," he said, "who deserves to be hanged as richly as you." The poor lad, who was only nineteen, suffered death with so much meekness and fortitude, that an officer of the army who attended the execution, and who had made himself remarkable by rudeness and severity, was strangely melted, and said, "I do not believe that my Lord Chief Justice himself could be proof against this." Hopes were entertained that Benjamin would be pardoned. One victim of tender years was surely enough for one house to furnish. Even Jeffreys was, or pretended to be, inclined to lenity. The truth was that one of his kinsmen, from whom he had large expectations, and whom, therefore, he could not treat as he generally treated intercessors pleaded strongly for the afflicted family. Time was allowed for a reference to London. The sister of the prisoner went to Whitehall with a petition. Many courtiers wished her success; and Churchill, among whose numerous faults cruelty had no place, obtained admittance for her. "I wish well to your suit with all my heart," he said, as they stood together in the antechamber; "but do not flatter yourself with hopes. This marble,"—and he laid his hand on the chimneypiece,—"is not harder than the King." The prediction proved true. James was inexorable. Benjamin Hewling died with dauntless courage, amidst lamentations in which the soldiers who kept guard round the gallows could not refrain from joining. 452

Yet those rebels who were doomed to death were less to be pitied than some of the survivors. Several prisoners to whom Jeffreys was unable to bring home the charge of high treason were convicted of misdemeanours, and were sentenced to scourging not less terrible than that which Oates had undergone. A woman for some idle words, such as had been uttered by half the women in the districts where the war had raged, was condemned to be whipped through all the market towns in the county of Dorset. She suffered part of her punishment before Jeffreys returned to London; but, when he was no longer in the West, the gaolers, with the humane connivance of the magistrates, took on themselves the responsibility of sparing her any further torture. A still more frightful sentence was passed on a lad named Tutchin, who was tried for seditious words. He was, as usual, interrupted in his defence by ribaldry and scurrility from the judgment seat. "You are a rebel; and all your family have been rebels Since Adam. They tell me that you are a poet. I'll cap verses with you." The sentence was that the boy should be imprisoned seven years, and should, during that period, be flogged through every market town in Dorsetshire every year. The women in the galleries burst into tears. The clerk of the arraigns stood up in great disorder. "My Lord," said he, "the prisoner is very young. There are many market towns in our county. The sentence amounts to whipping once a fortnight for seven years." "If he is a young man," said Jeffreys, "he is an old rogue. Ladies, you do not know the villain as well as I do. The punishment is not half bad enough for him. All the interest in England shall not alter it." Tutchin in his despair petitioned, and probably with sincerity, that he might be hanged. Fortunately for him he was, just at this conjuncture, taken ill of the smallpox and given over. As it seemed highly improbable that the sentence would ever be executed, the Chief Justice consented to remit it, in return for a bribe which reduced the prisoner to poverty. The temper of Tutchin, not originally very mild, was exasperated to madness by what he had undergone. He lived to be known as one of the most acrimonious and pertinacious enemies of the House of Stuart and of the Tory party. 453

The number of prisoners whom Jeffreys transported was eight hundred and forty-one. These men, more wretched than their associates who suffered death, were distributed into gangs, and bestowed on persons who enjoyed favour at court. The conditions of the gift were that the convicts should be carried beyond sea as slaves, that they should not be emancipated for ten years, and that the place of their banishment should be some West Indian island. This last article was studiously framed for the purpose of aggravating the misery of the exiles. In New England or New Jersey they would have found a population kindly disposed to them and a climate not unfavourable to their health and vigour. It was therefore determined that they should be sent to colonies where a Puritan could hope to inspire little sympathy, and where a labourer born in the temperate zone could hope to enjoy little health. Such was the state of the slave market that these bondmen, long as was the passage, and sickly as they were likely to prove, were still very valuable. It was estimated by Jeffreys that, on an average, each of them, after all charges were paid, would be worth from ten to fifteen pounds. There was therefore much angry competition for grants. Some Tories in the West conceived that they had, by their exertions and sufferings during the insurrection, earned a right to share in the profits which had been eagerly snatched up by the sycophants of Whitehall. The courtiers, however, were victorious. 454