No More Learning

Tutchin still pretended Ignorance in these Matters to
his Prison-keeper, who was set upon Mr. Tutchin by Jeffreys, to bring him to a Confession ; but the Goal-keeper, whose Name was Knapton, tho' he seem'd an Enemy to the Duke's Men colour'd many Things that might have taken away the Lives of several, and did what he could to allay the Heat of the implac able Judge.
Having given no ill Character of this Goaler, Mr. Knapton, it may be a pardonable Digression, to tell the Reader something of another, which I had from the Mouth of Mr. Tutchin : When Richardson, the Keeper of Newgate, brought down the Hewlings, and some other Gentlemen, to Dorchester against the Assizes, the said Richardson drinking with another Goaler, said, Come, Brother, here's to our good Health ; this is our Time to make our Fortunes, and now we must lay aside all Humanity, for no Compassion is to be shown to these Dogs.
But to return to Mr. Tutchin, he was brought up again to the Hall ; but Jeffreys not caring to indict him for Rebellion, pre tended that the Crime of changing his Name deserved a severe Sentence ; and thereupon passed Sentence as follows : That he should remain in Prison during the Space of Seven Years ; that once every year he should be whipt thro1 all the Market Towns in Dorsetshire ; that he should pay a Fine ofone hundred Marks to the King, and find Security for his good Behaviour during
This, you will say, was a Whipping-Sentence indeed.
Life.
272 ^Ll)t Wt&ttm
'(Erangactt'ong.
It was observable, when this Sentence was past upon Mr Tutchin, that the Ladies in the Court, of which there were a
great many, all burst out a crying ; but Jeffreys turning towards them, said, Ladies, ifyou did but know what a Villain this as well as do, you would say, this Sentence is not half bad enough
for him.
Upon passing the Sentence, the Clerk of the Arraigns stood
up, and said, My Lord, there are a great many Market Towns in this County, the sentence reaches to a Whipping about once a Fortnight, and he's a very young Man. Aye, says Jeffreys, he's a Young Man, but he's an old Rogue; and all the Interest in England shan't reverse the Sentence have past upon him.
But certainly no Devil incarnate could rage, nor no Billings gate Woman could scould worse than this Judge did at this young Gentleman whilst he was at the Bar he call'd him thousand Rogues and Villains, told him that he was a Rebel from A dam, that never any of his Family had the least Loyalty
and, said he, understand you are a Wit and Poet, pray, Sir, let you and cap Verses. Mr. Tutchin smil'd in his Face, and told him, He knew upon what Ground he stood, and when he was overmatch'd.
Lying under this Barbarous sentence, Mr. Tutchin's Friends endeavoured to persuade him to sue for a pardon but he utterly refus'd and drew up Petition with his own Hand, which was presented to the King at Winchester, and was as follows
To the King's
The Humble Petition John Tutchin Lymington in the County Southampton, Gen? now Prisoner in the County Goal Dorset.
Sheweth,
That your Petitioner now lies in this Prison under sentence of the Lord Chief Justice Jeffreys, To remain in the said Prison during the Space of Seven years, that once every Year he shall be whipt through all the Market Towns in Dorsetshire,
Majesty.
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9£r. 3IoTm ^utcljfn. 273
that he shall pay a Fine of one hundred Marks to the King, and find Security for his good Behaviour during Life.
That this Sentence was past upon your Petitioner under pre tence of his having changed his Name, and no Matter of Treason or Rebellion being proved upon him.
That your Petitioner has always demeaned himself according to his Duty required by Law, and that he is ready to venture his Life in Defence of a Lawful King, that shall govern according to Law, in preservation of the Liberties of Englishmen.
That he humbly conceives, the Sentence pass'd upon him by the said Jeffreys is worse than death ; and therefore Humbly prays your Majesty will be Mercifully pleas'd to grant him the Favour of being hangU with those of his Fellow-Prisoners, that
are condemned to die ; and till then
Your Petitioner shall ever pray, dr'c.
John Tutchin.
And underneath his Name were written these Words —Malim, mori quam vapulari.
You may see by this Petition, that Mr. Tutchin was a young Man when he wrote it ; for many Exceptions were made against it : To the King's Majesty, instead of the King's most Excel lent Majesty ; and you may be sure, the Western Hangman did not overlook his calling of him plain Jeffreys in the Body of the Petition.
But the Court esteem'd it a barbarous Sentence ; and it's said, the King esteem'd it no less. But all the Answer could be got, was from the Lord Sunderland, That Mr. Tutchin must wait with Patience.
Mr. Tutchin hereupon endeavour'd to get a Pardon from the People who had Grants of Lives, many of 'em 500, some 1,000, more or less, according as they had Interest in the King ; but Jeffreys would not so much as hear his Name mentioned, and the Sentence was ordertl to be executed.
Four or Five Days before the Execution of the Sentence, a Brother in Law of Mr. Tutchins, a Physician, persuaded him to take a Dose of Physick to make himself sick, by which Means the Execution might be put off, and perhaps in that Time some Means might be found for his Enlargement : He took the Dose,
T
274 ^iK
flfliegtern 'flftangacttong.
and in three or four Days the Small-pox came out very thick upon him, no Man ever had 'em to a higher Degree ; and in that Condition he lay by himself in Prison, no Body to look after him but his Fellow-Prisoners, for there being a Pestilential Dis temper in the Prison, of which some Scores died every Week, the Magistrates of the Town would not suffer any Communication with the Prisoners.
Mr. Tutchin lying in this miserable Condition, and his Life being dispair'd of, his Friends work'd the easier with Jeffreys to get the Sentence revers'd, which some People would have believed a Sign of Repentance in Jeffreys, had he not taken the Money himself. After Mrs. Tutchin had done this last kind Office for her Son, she sickned of the Small-pox, and died, his Brother and two Sisters fell sick of the same Distemper ; so that when Mr. Tutchin had Friends allow'd to come to him, like Job's Com forters, they brought him the Tidings that his Mother was dead, and all the Relations he had in the World were a dying, and that they had contracted for a Pardon for more Money than he was worth, for a Life which he never valued. So he was popt
into a Pardon amongst others ; for 'twas usual at that Time for one Courtier to get a Pardon of the King for half a Score, and then by the Assistance of Jeffreys to augment the Sum to Four score or an Hundred, and so this unfortunate Gentleman fortunately got out of his Broil.
But we must not leave Mr. Tutchin here, tho' what afterwards we shall say of him, does not relate to what was transacted in the West, yet it may not be amiss to show how the Provi dence of God does often change the Face of Things, and alter the Circumstances and Conditions of Men, so that those who boast of their Power, and exercise their Authority with the greatest Severity, many Times become the Scorn and Contempt of those they have triumph'd over: Who could have thought, when Jeffreys past that Sentence on Mr. Tutchin in the West, that ever Mr. Tutchin should see that wicked Judge a Prisoner,
apprehended by the injur'd People, and committed by a Tool of his own Party ? Yet it so hapned.
For Jeffreys endeavouring to make his Escape beyond Sea in a Sailor's Habit, was discovered by one, to whom he had done some Acts of Injustice, and was taken in Anchor-and-Hope-AUey
gpr, 3|oljn Cuttlji'tu
275
in WappingJ, and by the Mob carried before the Instrument of Popery, Sir C , then Lord Mayor of the City of London, and by him committed to the Tower.
Mr. Tutchin hearing of this, went to give his Lordship a Visit; who did not know Mr. Tutchin at first, he being much altered with the Small-pox ; but Jeffreys understanding who he was, told him, He was glad to see him : Mr. Tutchin answered, He . was glad to see him in that Place. Jeffreys returned, That Time and Place happened to all Men, and that when a Man was born, he knew not what Death he should die, nor what his Circum stances should be in this Life, and Abundance of such Cant ; but added, That he had served his Master very faithfully, according to his Conscience. Mr. Tutchin ask'd him, Where his Conscience was when he past that Sentence on him in the West ? Jeffreys said, You are a Young Man, and an Enemy to the Government,
and might live to do Abundance of Mischief; and 'twas part of my Instructions, to spare no Man ofCourage, Parts, or Estate; but withal added, That his Instructions were much more severe than the Execution of them, and that at his Return he was snub'd at Court for being too merciful. So after he had treated Mr.
Tutchin with a Glass of Wine, Mr. Tutchin went away.
Soon after this, Jeffreys had a Barrel of Oysters sent him to the Tower, which he caused to be opened, saying, He thankd God he had some Friends left. But when the Oysters were tumbled out on the Table, a Halter came out with them, which
made him change his Countenance, and so pall'd his Stomach, that he could eat none of them. This was confidently reported to be done by Mr. Tutchin; but I having heard him protest that he was not in the least concerned therein, we must believe it to be done by another Hand.
The Second in the List of Persons sentenc'd to be whipt, is one William Wiseman, a. Boy of about 14 or 15 Years of Age, at that time an Apprentice to a Barber at Weymouth. It seems the Duke of Monmouth's Declaration was put up in that Town inthe Night time, and some People who could not read, finding it in the Morning, took it down, and this Boy, being by, read it to them. This was his Crime, for which Jeffreys sentenc'd him to be whipt through all the Market Towns in Dorsetshire.
T2
276 W)t
flfllegtem tErangacttong.
Sentence was accordingly executed first at Dorchester, where in Consideration of the Boy's Age he was whipt more gently than some People thought convenient.
Upon which a Clergy-man of the Church of England, named Blanchard, came to the Goaler, and revil'd him, saying, He would do his Business for him with the Lord Chief Justice, for shamming his Sentence, in not whipping the Boy half enough. The Goaler breaking out in a Passion said, You talk ofthe Cruelties of the Popish Priests, but commend me to a Church of England Priestfor Cruelty : They are like the Country Justices, who won't believe a Man is burnt in the Hand unless they can
see a Hole through it.
Whether this Parson made the Complaint, or no, is uncertain;
but sure it Complaint was made, and the Boy was order'd to be whipt again the Morrow following the Day he was whipt before which, to please this Parson and Jeffreys, was done to that Degree, that the Boy fell into a Feaver, which was likely to have cost him his Life. After Jeffreys had left the Country, he was whipt thro' the Town of Weymouth, and there the Sentence terminated.
The Third in this List was one Edward Jervaise, a Hatter of Milbourn Port. This Man, seems, being in some Company, happen'd to say, that he had a Monmouth in his Heart. Upon which he was apprehended, and sent to Dorchester Goal. This Man was a Criminal in another Respect, which was enough to hang any at that Time of Day for he had three or four Uncles and other Relations in the Duke's Army. was told one of his Uncles, being taken Prisoner by Kirk, was immediately order'd to be hang'd up, but being brave stout Man, some of Kirk's Officers interceded for his Life, which Kirk was willing to grant, provided he would acknowledge his Rebellion which he re fused to do At length they would release him he would say, God bless King James, which he also refus'd and so was hang'd, and the last Words he said, was, God bless the Duke of Mon mouth.
His Nephew Edward, when he came into Court, could not deny, that he had Monmouth in his Heart, and thereupon was Sentenc'd to be whipt through all the Market Towns in Dorset shire, paying Fine to the King.
a
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said, Master,
9pr. 3io! jn ^lutttyn.
277
Upon passing of the Sentence, he steps to Mr. Tutchin, (then in Court,Iand who had received Sentence before him) and
understand the Jigwe are to dance wellenough; but what must we pay this Money for ? Mr. Tutchin answered, You never knew People dance without Musick, and this Money
is order 'd to pay the Fidlers. Nay, then, says Jervaise, 'tis well enough; and went away with the least Concern that could be. He was whipt through Dorchester and his own Town, and no
more.
The next was a Woman of Lyme, who kept an Ale-house, and
brew'd her own Drink. Two or three Days after the Duke of Monmouth landed, the Excise-Officers came to her House to collect the Duties, but she refus'd and said, She would pay no more Excise till the Duke of Monmouth was King of England. For which Crime she was sentenc'd to be whipt through all the Market Towns in Dorsetshire, and was whipt through Dorchester and Lyme, and no farther. For when Jeffreys was gone out of the Country, the Justices were not so severe, and conniv'd at the Gaolers stopping Part of the
Sentences.
There was another in Dorchester Prison, that was alike
sentenc'd to be whipt he profess'd himself to be an Astrologer and Physician, but was very unluckily misled by the Stars into the Country at this Time for coming to a Corporation Town to vend his Physick, and tell Fortunes the People not knowing but that he was a Conjuror indeed, desired him to consult the
Stars about the Fate of the Duke of Monmouth then in Arms he erected his Scheme, and found that King James would be ruin'd and undone, and that the Duke of Monmouth would happen to be Ktng in a short Time, which coming to the Magis trates' Ears, they committed him to Prison, where he erected another Scheme concerning his own Fate, when he found by the Stars that he would be whipt at the Cart's Arse for erecting his former Scheme which proving true, he could not say that the Stars always deceiv'd him.
Thus have given you a short Account of the Whipping- sentences in Dorchester, which Sentences, together 'with some others executed before that Time, were made one Article against the late King James upon the Revolution, and are included in
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Clje (Lfllegtern ^rangacttong.
the Bill of Rights/ so that no King of England for the future can be guilty of such illegal Barbarities without Reflection on the Fate of that unhappy Monarch.
In this Prison at one Time there was in one Room Nineteen young Gentlemen, and not one of 'em 21 Years of age, and all of them hang'd, except Mr. Tutchin.
In this Prison was Major Holmes, who had been a Lieutenant- Colonel in the Duke of Monmouth's Service ; he was taken a prisoner after the Phillipsnorton Fight, and though his Arm was shot to pieces, so that it hung but by a piece of Flesh, the bar barous Soldiers stript him stark naked, and carried him before a Justice of Peace, who being at Dinner, ordeied him to be kept till he had dined. The Servants got the Colonel into the Kitchen, and gave him some Cloaths to cover his Nakedness, and some Refreshments ; in which Time the Colonel laying his scattered Arm on the Dresser, with the Cook-maid's Knife cut
off his Arm with his own Hand.
I mention this Gentleman, because perhaps there was never
more Indignity offered to Grey Hairs and real Worth, than in the Person of this Colonel Holmes. One Day he was sitting in a little Garden in the Prison with the Hewlings and about three more young Gentlemen, when a certain Lord, well known at that Time, came and insulted him, and told him, It was a shame to see an old man among a Parcel of Boys. Mr. Tutchin told his Lordship, That the worst Boy there durstfight him for his
Said the Colonel, My Lord, these are boys, but they are brave Boys; and let me be well mounted in the head of these Boys, we'llfightfor our Lives your Lordship in the Head of the best Troop of Guards. The Indignities offer'd by that Lord was far beneath a Gentleman, and suitable to the Courage he show'd in the late King's Service ; but when he went from this Company to the Common side, he was there as much insulted by one Furrard, a Highway-man, who call'd him a thousand Rogues, Villains, and Cowards.
Indeed the Usage of the Prisoners was barbarous enough, the Goalers were forc'd to show them up to every little Fellow in Authority, so that they were daily insulted, and paid dear enough for every Thing they had ; but what was most barbarous, they
would not allow their Relations to come to them in the Time of
Life.
SL Eetrogpect,
279
their sickness, so that many died for want of Help in a Pesti lential Distemper, the like perhaps was never known. The Small pox at that Time was the worst that was known, very few re- coveiM of it. Mrs. Mary Blake, a young Lady of Taunton, who was committed to this Prison for making the Colours pre sented to the Duke of Monmouth, died of this Distemper, to the great Grief of her Family : as did several others.
But the greatest Persecutors and Insulters of these poor People were the Country Parsons : They did not preach to the Spirits in Prison, but they revil'd e'm. One of 'em, when he heard some condemned Persons in Prayer just before their Ex ecution, said, These Fellows will pray the Devil out of Hell ; and the Prison was seldom free of the Black-Coats.
But, Thanks be to God, we now speak of these Things only, and don't see 'em : and that those who are now living, though they have lost their Estates, yet they see what they contended for, I mean their Liberty and Property establish'd.
Thus have we given you an Account of what happened in the WEST (in the Year 85), being in every Point Truth ; we shall next give a short Touch of the Civilities the poor Sufferers received from the City of Exon, which deserves an everlasting Remembrance : Most sorts of Provisions, as hot Broth, boyled Meat, roast Meat, divers sorts of Pies, were daily sent into the Prison ; the Persons that sent them unknown- to them. Also if any Person was sick, there should be a Nurse to attend him ; also a Physician and Chyrurgeon to attend when Occasion was.
'Tis said, Be that giveth to the Poor, lendeth to the Lord; the Lord return them an Hundredfold.
Thus, Reader, by the Help of God, we are come to an End of our long Journey, from the Year 1678 to 1685. The Way all along has been full of Dirt and Blood, and therefore no Wonder if the Wheels have driven somewhat heavily. 'Twill be worth thy while as well as mine, to look upon the different Stages we have taken, which is one of the greatest Pleasures of a Traveller, who finds Delight in reflecting even on that which formerly gave him Pain and Trouble. He who first broke the Way, was
28o 'flEf)e flfllegtem ^rangacttonss.
Sir Edmund-bury Godfrey, according to his own Prophesie, That he should be the flirjit . flaattgi. Mr. Arnold was like to follow him, but that intended stroke not coming home enough,
they resolved to lay the Foundation firmer, and so struck lower, and began with Stephen Colledge at Oxford, who before his Death, said, That it toou'b not stop t&m, nor his Death satisfie those who thirsted after Blood; as appeared plain enough, when they had got a Plot and Plotters to their Minds, who made it their Business, as Walcot tells Cartwright, to invite Men to their Meetings, to importune 'em to their Meetings, as it
appears, to talk madly and treasonably at those Meetings, and because they were a little too brave to do the same by them, . after all to deliver them up to be hang'd for coming thither, by which Design many of the boldest Patrons of their Country
and Religion were destroyed ; to whose Death an infamy was added greater than that of those who publickly suffer'd. Russel follow'd but too closely after him, who says in his Speech, He wishes the Rage of hot Men and particular Juries might be
stopt with his Blood, which he would offer up with much more Joy, if he thought he should be the Last that were to suffer in such a Way. About the same Time died Walcot, and some others. Col. Sidney came after, one of the first that ever lost
his Head by Innuendo's, and who died, as he was told, because else the Plot must have died. Holloway came next, brought from t'other world to be hang'd in this ; whose ingenuous Con fession did his Business, there being too many bold Truths in't, which some Men could not bear, for him ever to expect a Pardon. But how many Lies besides there might be in his Confession, or others, 'tis impossible to know, unless we knew, not only whose Hands they came through, but how they were
used. And as he from another World, so Arinstrong was brought from another Country, to be paid for all his Service to the Royal Family, in their Exile and afterwards. And tho' he was not hang'd first, and try'd afterwards, yet what's much the same, was hang'd without ever being try'd at all. Next to this we took a View of the Design of that unfortunate Gentleman who
landed in the West, and of those who embark'd in and how far they were justifiable where follows particular Account of some of the most eminent amongst 'em, and a more general one
;
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SL lEUtrosfpert, 281
of lhe rest ; which though it might have perhaps been more accurate, yet 'twas thought better to keep near those loose
Papers already publish'd on that Matter, of which this Book is a sort of a second Edition; and to give that Account in the same inartificial Dress which 'twas deliver'd in by some honest Country-men, who were personally present at most of the
Actions and Sufferings there mention'd. And among all these, nothing is more remarkable than what we have taken particular Notice of. The strong Persuasion and Belief in which almost
all of e'm dy'd, That God would accomplish the great Work of delivering their. Country and Religion some other Way, though he was not pleas'd to accept of their Endeavours. At the Return from the Western Circuit, that London might have
a little sprinkling of their Mercy, the pious and prudent Mr. Cornish was sacrificed ; all whose Time of Preparation for that which must be call'd his Trial, was from Saturday to Mon day, whose Courage and Constancy at his Death, and that dreadful Storm which spoke the Displeasure of Heaven in such loud Language after 'twas over, were as much the Wonder of
England, as the next and last merited their Pity, poor Bateman, who had intirely lost his Reason by his Imprisonment, and the Accidents thereof. But besides all these, and some others, there were some who had Trials of Cruel Mockings and Scourgings, were expos'd in the Pillory, and worse than whipt
to Death, though sometimes even that not thought sufficient, without actual Assassination.
Upon the intire Review of all this dreadful Scene of Blood and Horror, especially that relating to the Western Affairs, what can be a more natural and useful Reflection, than for us hence to learn, by Wounds of our own, yet green and bleeding, the true undissembled Kindness of prevailing Popery, and Popish Councils, and what all Protestants, of what Character
and Denomination soever, must expect thence, when rampant and powerful? How can we chuse but see, unless we have winkt our selves quite blind, that the Hand of the same Joab has been in all this ? That 'twas the famous D. of K, who was at first as deep in Godfrey's Murther, as in the Fire of London ;
the same who was at Helm all along after, and as good as man aged the Executioners' Axes and Halters for so many Years.
282 tfje afllesftern Cransfactionsf.
Twas he who was so near at Essex's Murther, and who hindered so carefully my L. Itussel from his Pardon ; who was the Staff, the Hope, the Moses, the Gideon of the Popish Plot and Party, and the eager and inveterate Enemy to the very Name of a true Protestant. He who shew'd so much Mercy to the poor West- Country Men, Women, and Children, destroying so many Hundreds in cold Blood, and hardly sparing one Man that could write and read, by his L. Chief Hangman, Jeffreys. Lastly, he who was falling upon his own best Friends, who are now sensible they lov'd him to a Fault, and carried their
Loyalty to such a Heighth for his Service, as is now better for gotten, since no Party can entirely clear themselves even of that Imputation. He who fell upon them, and our Religion and Laws, and whatever was dear to us, with the greatest and most
open Violence ; and because he could not have his Will, and be a French King in England, resolv'd to leave us to the Mercy of his own unkenell'd Irish, and go to France, to be there as Absolute a Slave as he here would have made us. And yet this is the self-same Person whose pretended Son some are still so zealous for, as if they had not yet had enough of Popery.
But whilst these Haters of themselves, as well as their Religion and Country, must be left to Man's Justice and God's Vengeance, let's address the Conclusion of these Papers to all True Honest Men, of good Principles, and firm to the Protestant Religion, and persuade them to pray heartily for our Glorious Queen ANNE, and Fight for her as heartily too, as all these
Martyrs, no doubt, would gladly have done. If some of them should not be entirely satisfied with whatever has happen'd in this great Change, yet to remember at the lowest the Duty of Subjects; to think all the Nation may see more than they ; to pay Allegiance where they find Protection ; to reflect on our almost too happy Condition, compared with that of Germany, Italy, &c, and where-ever the French and Popish Arms and Counsels prevail : to honour the Memory of these Martyrs, who suffered for their vigorous Appearance against them ; and lastly, to thank God sincerely and in good Earnest, that we may now, if Occasion be, defend our Religion and Liberties with our Swords, which they could only do by laying down their
Lives.
AN IMPARTIAL
HISTORY OF THE
LIFE AND DEATH OF
Lord JEFFREYS, LATE
GEORGE
LORD CHANCELLOR OF ENGLAND.
-
TO
Lord JEFFREYS, LATE
Lord Chancellour of MY LORD,
KNOW not to whom I could more properly Dedicate a Treatise of this Nature than to your Lordship, who lately was Lord Chief Justice of England, and have set such Presidents to inferior Magistrates. What is
here offered, may serve as a Mirrour, into which future Adminis trators of Publick Justice would do well to look ; for you may remember, my Lord, if your Lordship's present Afflictions have not made you forget as much Law as you ever learned) Common
Law runs much upon Presidents : And if a Man happen to have none of the best Physiognomy, there is no Reason why he should streight grow angry, and fling Stones to break all the Looking- Glasses he meets with, only because they represent the true Figure of the Object.
My Lord, The following Treatise is a true Account of your Lordship's Life and Actions (most of which are ready to be attested) of your unheard-of Cruelties and barbarous Proceed
ings in your whole Western Circuit : In which all may see at what a dear Rate our Western Martyrs purchased their Religion, and how it cost those Glorious Sufferers, who so lately went off the Stage (under your Lordship's Sentence) both Whippings and. cruel Imprisonments, and the most exquisite Tortures
which none could invent nor inflict but your Lordship, (whose
GEORGE
England.
286 (Eptetle SDetii'catorp.
good Nature is sufficiently experienced) nor any endure but those whose Gallant and Noble Souls were born up with Heavenly Cordials and a Power from on high. But, my Lord, rest assured, that their Blood still cries for Vengeance, and will be a lasting Monument of your Lordship's Cruelties, whilst
History can speak or transmit to Posterity the Remarkables of elapsed Ages ; for to Hang, Draw, and Quarter, and Try Men afterwards, (witness Sir Thomas Armstrong 's Death, cW. ) has been your peculiar Talent. But your Lordship will now at last do well to remember that King Alfred caused Forty Four Judges in One Year to be hang'd as Murderers, for their false Judgments.
I hope your Lordship will pardon this present Address, seeing 'tis a Priviledge we modern Authors hold by Prescription, to put any Great Man's Name in the Front of our Book : Princes have not been able to exempt themselves or their Families from the Persecution of Dedications; nor ever was there (I humbly conceive) any Rule made in your Lordship's Court to prohibit them.
Suffer then, I beseech your Lordship, this Address to remain a Monument to Posterity, of the Sentiments this Age has of your Lordship's Conduct and Merits ; and Witness to all the World how much its Author is
Your Lordship's
Humble Servant,
JAMES BENT.
A POEM Dedicated to the
MEMORY OF
GEORGE Lord
CANNOT hold, hot struggling Rage aspires,
And crowds my free-born Breast with noble Fires ; Whilst prudent Fools squeak Treason through the
Nose,
And whine a quivering Vote in sneaking Prose My Muse soars out of Reach, and dares despise What e'er below attempts to Tyrannize.
Though I by some base Nero should be clad
In such a Gown as the old Christians had,
In Clouds of Satyr up to Heaven I'd roul, For he could burn my Shell but not my Soul. Though Nature her auspicious Aid refuse, Revenge and Anger shall inspire my Muse : Nature has given me a complaining Part,
And murder'd Protestants a resenting Heart. Then Room for Bloody Jeffreys, or he'll swear
By all the Afis from St. Cadwalladar ; Prutus hur creat Cranfather, if hur enquire, And Adam's Cranfather was Prutus s Sire. Famous ab Shenkin was hur elder Brother, Some Caledonian Sycorax hur Mother :
JEFFREYS.
288
SL $atm to tlie S^emorp
Or some she De'il more damn'd than all the rest, At their black Feast hur lustful Sire comprest : Thence do I think this Cacodemon rose,
Whose wrathful Eyes his inward Baseness shows ; -His Shape is all inhuman and uncouth,
But yet he's chiefly Devil about the MOUTH; With Care this Brat was nurs'd for fear it shou'd Grow tame, and so degen'rate into good,
With City Charters he was wrapp'd about,
And Acts of Parliament for Swaddling-clout :
As he grew up, he won a Noble Fame,
For which Squire Ketch hath sworn him publick Shame. And won't it be a pretty Sight to see't,
The Hang-man, Rope, and Bloody Jeffreys meet ? Jeffreys, who cherisht Spite, as all can tell ;
Jeffreys, who was the darling Brat of Hell.
Oft with Success, this mighty Blast did bawl, Where loudest Lungs, and biggest Words win all ; And still his clenched Arguments did end
With that home-thrust, He is not Cassar's Friend. Sometimes, that jaded Ears he might release,
Good Man ! he has been fee'd to hold his Peace. Hear him, but never see him, and you'd swear
He was the Crier, not the Counseller ;
He roars, as if he only chanc'd to find
Justice was now grown deaf, as well as blind,
This Demy-Fiend, this Hurricane of Man,
Was sent to butcher all i' th' West he can.
'Twas him the Popish Party wisely chose
To splutter Law, and the dinn'd Rabble pose ; They have a thousand Tongues, yet he can roar Far louder, tho' they had a thousand more,
Unto long-winded Cook he scorns to go,
But pleads, His Majesty will have it so.
He's for all Mischief set, by Nature bred ;
He rails at all before him, and is fed
Hyama-Vike, by tearing up the Dea"d.
Th' unluckiest Satyrist alive, that still
Writes his own Character in all that's ill.
of (Beorse %ovtt leffrepsf.
Of all the World most fit a Vice t'expose,
That all its Cause, Effects, and Motions knows, Stranger to none can no Advantage lose.
Big with Conceit the empty Shape looks great. His own dear self obligingly doth treat : Rewards his Soul in any Garb will lap,
His ductile Soul will put on any Shape :
Vice hath his Patronage, and there's no Fear, But Hell in time may his Protection share,
The rather 'cause the God of Gold is there.
He courts loud Rumour, but lets Truth alone, Conscious of Guilt, he shuns being justly known,
And by's oft changing flyes a Definition
Learn'd, but in Ill ; Ingenious, but in Spite ; Virtuous by Accident, by Chance a Wit ;
Modest when Beat ; in Suffering Valiant ;
Honest when Forc'd ; and Moderate when in Want ;
True, but for Interest ; Civil but for Dread ; Devout for Alms ; and Loyal, but for Bread. Thy Mushroom Greatness I dare now arraign, For all thy Hectoring now will be in vain.
Here, take this Pass, ere we for ever part ; Then run, and'then fare well with all my Heart. The Lawyers yelling in their feign'd debate, And the fleec'd Client's Wisdom, all too late ; The keeping Cully's Jealousie and Care,
The slighted Lover's Maggots and Despair ;
A Woman's Body every Day to dress,
A fickle Soul, little as theirs, or less ;
The Courtier's Business, the Impudence o' th' Stage, And the defeated Father Peter's Rage ;
A Clock-work Spouse with loud eternal Clack,
A Shop i' th Change still ty'd to What d'ye lack ? Worse than these last, if any Curses more
Ovid e'er knew, or fiercer Oldham's store ;
'Till not one Part in Body or Soul be free.
May all their barbed Vengeance show'r on thee :
Press'd with their weight, long may'st thou raving lye, Envying an Halter, but not dare to die :
U
2go
2L poem to tlje S^emory, $c,
And when condemn'd thou dost thy Clergy plead, Some frightful Fiend deny thee Power to read ; Madness, Despair, Confusion, Rage, and Shame Attend you to the Placefrom whence you came : To Tyburn thee let Carrion Horses draw,
In jolting Cart, without so much as straw ;
Jaded, may they lye down i' th' the road, and tirM,
And (worse than one fair Hanging) twice bemir'd, May'st thou be maul'd with Pulcher's Sexton's Sermon, Till thou roar out for Hemp-sake, Drive on, Car-man ; Pelted and Curst i' th' Road by every one,
E'en to be hang^ may'st thou the Gauntlet run.
Not one good Woman who in Conscience can
Cry out—Tis pity —Troth, a proper Man.
Stupid and dull, may'st thou rub off like Hone, Without an open or a smother'd Groan :
May the Knot miss the Place, and fitted be To plague and Torture, not deliver thee ; Be half a Day a dying thus, and then Revive like Savage, to be hanged agen.
In Pity now thou shaft no longer live; For when thus satisfy can forgive.
JOHN
CARTER.
'd, I
THE
LIFE and DEATH
GEORGE Lord
OF J EFFREYS.
EADER, Think it not strange if I
with the memorable Life and Actions of a Person so well known in this great Kingdom : And peradventure Fame has not been silent in other
Countries, especially since he has been advanced to be a Chief Minister of State, and sat, as it were, steering at the Helm of Government. Various indeed are the Changes of worldly Affairs, and the Actions of Humane Life, which have been more particularly exemplified in the Rise and Fall of the Person, the Subject of this Discourse ; who from almost a mean Obscurity, soar'd to the lofty Pyramid of Honour ; where for a while, like an unfixed Star, he appeared to the Eyes of the wondring Nation, giving an imperfect Lustre ; till by, the sud den Turn and Change of unsteady Fortune he dropt headlong from his Sphere, and lost at once his Grandeur and his Power.
To let Mankind see how little Trust there is to be given to the Smiles of flattering Greatness, especially when attained by violent and pressing Motions : I now proceed to trace this un fortunate Favourite in the sundry Capacities and Stations that have hitherto made up the Series of his Life.
He was born at Acton, near Wrexam, in Denbighshire, in U2
present you
292 %\)t %itt anti 2Deat5 of —
Wales, about the Year 1648, his Father's Name was — Jeffreys, being reputed a Gentleman in that Country, though of no large Fortune or Estate ; however he lived very comfortably on what he had, improving his yearly Income by his Industry ; and gain'd by his plain and honest Endeavours a good Repute amongst the Gentry of those Parts ; insomuch that it was not long before he, upon the Recommendation of some Person of Interest and Ability, gain'd a Wife of a good House ; and they lived very comfortably together in their Rural Habitation, being far from Ambition, or striving for Court-favour ; but con tented with what God had blessed them with, and the Fruits of their own Industry, they found a solid Happiness in that Con tentment. Nor had they lived together any considerable Time, but amongst other Children, the Fruits of Wedlock, God was pleased to bestow on them the Person who is intended the Sub
ject of this Discourse, who was in due Time baptized by the Christian Name of George; whether he had Godfathers, &c. it does not occur ; however, he under the Care and Diligence of his Industrious Parents grew up, and appear'd to all that studied him, of a very prompt and ready Wit, active, %nd striv ing for Pre-eminence, even among his Compeers in his tender Age, which lively demonstrated that an Air of Ambition was inherent to his Person.
As soon as he was capable to receive Learning, he was put to a Country-School, where he was furnished with such Education as that afforded, which was not extraordinary ; yet his natural Parts set it off to the best Advantage ; and growing to Years of somewhat a ripe Understanding, and not very tractable, his Father by the Advice of some of his Confidents, caused him to be brought to London, and finding him not inclinable to any Trade, but rather addicted to Study, he entred him, or by his Procurement he was entered into the Free-School of West minster, where he profited much, so that he was, by the Care of the worthy Master thereof, soon enabled to understand the
Languages, or at least so many of them as were convenient for the Study of the Law, which above other Things he aimed at ; tho' his Father seemed not very pliable to his Desires ; for per ceiving in his Soul a more than ordinary Spark of Ambition,
fearing it might kindle into a Flame, and prove one Day his
dfoorge 2. ort> 3leffrepg.
293
Ruin, he laboured to hinder the Ways he conceived most likely to bring it upon him ; and is reported to say (when he found he could not dissuade him from what he purposed, gently clapping
him on the Back), Ah, George, George, /fear
thou wilt die with thy Shoes and Stockings on : What he meant by that Expression, I determine not, but leave the Reader to interpret. Upon the coming in of King Charles the Second, and the restoring the Face of Affairs in the Kingdom, the Law reviv'd again, and began to flourish ; the Practitioners lived in much Credit and Reputation, and many of them purchased large
Estates, which served to wing the Desire of this Person with Impatience ; and some say he was the rather incited to it by a Dream he had whilst a Scholar at Westminster-School, viz. That he should be the chief scholar in that School, and after ward should enrich himself by Study and Industry, and that he should come to be the second Man in the Kingdom, but in Conclusion should fall into great Disgrace and Misery. This was confidently reported ; and some say himself told it to sun dry Persons since, when he found the second Part of it was fulfilled, by acquiring the Chancellorship, and standing high in the Favour of his Prince.
However, we find the latter Part did not deter him from his Purpose, for having entred himself in the Inner-Temple House, one of the chief Inns of Court, after his performing such Things as are conformable to the Customs of the House, we find him call'd to the Bar, by the Interest he made with the Benchers and Heads of that Learned Society, earlier than had been usual, leaping over the Heads of elder Graduates.
This happening about the twentieth Year of the Reign of King Charles the Second, and the City of London beginning to raise herself out of her Ashes, more stately and magnificent than before she sunk in Flames, a Sacrifice to the Revenge and Malice of the Papists, as by the late Inscription on the Monu
ment, and upon Record it appears : This great City, I say, regaining her Trade, her Priviledges and Customs were kept up with great Exactness, so that in the Courts at Guild-Hall there was much Business ; which being considered by this Per son as more beneficial than that at Westminster, by Reason of its Frequency, and being carried on briefer, and with less Diffi
294
%ty %ift anti 2Deatlj of
culty ; which induced him to give his Attendance also at HicKs- Hall, and other inferiour Courts and Places ; insomuch that he being of a bold Presence, and having naturally a fluent Tongue, an audible Voice, and good utterance, he had not pleaded often before he was very much taken Notice of, and gain'd so much Credit by the People, that they preferr'd him before any of the younger Barristers; by which means he found his Stars begin to smile upon him, so that he was in a manner courted to take Fees, and had Breviates thrust into his Hand frequently in the middle of a Course by Persons, when they perceived it went ill on their Sides, and was like to go against them.
Thus flush'd with Success, he now thought of nothing more than how he might climb ; nor did he want an Opportunity ; for the next Station we find him in, is that of Common Serjeant to the great and honourable City of London; and so much Fortune favour'd him at this Time, that Alderman Jeffreys, the great Smoaker, having often observ'd his Discourse and Actions, took such a liking to him, that being of the same Name, tho' not in the least any Relation, be back'd him with his Purse and Interest, which was not inconsiderable ; and thereby not only enabled him to carry on his Grandeur, but to purchase as he found a Conveniency or Advantage, in order to his keeping it up in the World.
These, I say, being the Degrees by which he was climbing the slippery Stair of Honour, to contract a firmer Alliance, he addressed himself to a brisk young Widow, Daughter to Sir Thomas Bludworth, then one of the Aldermen of the City, and who in the Time of the dreadful Conflagration had the Chair, as being then Lord Mayor; and so far prevail'd upon the Lady and her Father, that he gained both their Consents, and the Contract was made, the Nuptials solemnized, And soon after he had the Pleasure to behold the Fruits of her Labour. Sir John Howel, the Recorder of London, giving Place, the Recordership became vacant, which made this Person lay hold of that Oppor tunity, to use his own and the Interest of his Friends, to acquire that Place of Trust and Honour : Nor did his Measures fail
him, for by the powerful Influence he had by this Time gain'd
over sundry
what he so earnestly labour^ to arrive at, he was chosen and
Persons, who were best able to promote him to
(Beorge Horti %ttEvty$.
295
confirm'd Recorder of the honourable City ; taking upon Kim the Charge and Care of the Writings, Papers, &r'c. that belong to so great a Charge and Trust, as that of a Recorder of the
City of London.
By this Means being become (as himself declar'd) the Mouth
of the City, and, as we may term him, Capital Judge in the Guild-Hall, in Controversies at the Sessions held there, &°c.
and the Power of breathing forth Sentences of Punishment being put into his Hands, he found his Ambition enlarged, aim ing at nothing more than to become a Court-Favourite : Nor was it long before an Opportunity offer'd itself, to make him to be taken Notice of : For so it happened, that some Persons
had imprinted a Psalter, and entituled it (the better to shadow the Injury they had done to the Company of Stationers, by invading their Property) The King's Psalier, which occasioning a Dispute, it was referred to a Hearing before the Council at
Whitehall, the King being present, and the Company the better to make out their Title and Claim, carried with them this Person as their Counsel, who in opening of the Case, and mak ing the Complaint of the apparent Injury done to the Company, in printing what was really their Property, he had this Expresson,
viz. They have leem'd with a spurious Brat, which being clan destinely midwii/d into the World, the better to cover the Im posture, they lay it at your Majesty's Door, &c. This tho' the
King might have taken it (for sundry Reasons) as a Reflection upon his Royal Person, yet he was so far from resenting it that Way, that he only turned to one of the Lords that sat next him,
and said, This is a bold Fellow
the Stationers had the Matter declar'd by the Honourable
Board in their Favour.
About this Time the Popish Plot being discovered by Dr.
Oates and others, the Nation was for a while in a Ferment, and Matters run extreamly high in Disputes and Controversies, and he sail'd with the Current, declaring with much Heat and Violence against the Priests, Jesuites, and others of the Con spirators and Romish Faction ; as appeared not only by his vehement Expressions in pleading against 'em, but the Alacrity and little Concern that was visible in his Countenance, when at any Time, as Recorder of London, he past Sentence of Death
III warrant him. And indeed
296 I&e
liitt ano 3Deartj of
upon any of them, which he frequently did with more or less Reproach, and became in a Manner the Terror of that Party. But no sooner he perceived the Wind tacking at Court, and that there was some Misunderstanding between King Charles the Second and his Parliament, but he began to fall off, and grow cold in prosecuting the Ends of the Government, being frequently at Court, and labouring as much as in him lay to draw the Magistracy of the City after him ; as appears more especially by one Passage, viz. The King being recovered of an Indisposition, that had for some Time put the Kingdoms in a Fear and Doubt of his Life, the Lord Mayor and Aldermen went to congratulate him upon his going abroad; after which, and a favourable Reception, it was proposed by this Person, that they should in like manner wait upon his Royal Highness, then Duke of York, who was not long before returned from Flanders; but perceiving no Forwardness to be seconded, he only with his Father-in-Law stayed behind to gain that Access. These and other Proceedings created in the City a Jealousie, that he had espoused an Interest to their Prejudice, which wrought so strong in their Conceits, that it was concluded in the Council-chamber at Guild-Hall, that he should resign his
Recordership ; and accordingly they sent to him to deliver back the Papers and Writings they had entrusted him with, which accordingly was done, and Sir George Treby constituted Recorder in his stead.
This so netled him, that he now openly declared himself to be what before was only suspected, indulging his Thoughts in nothing more, than how he might revenge it upon the Dissenters, to whose Influence on the Court of Aldermen he attributed his
Dismission from the Recordership, and used his Endeavours to blacken them us much as he could. Yet all his Honour was not sunk; for he had prevailed for the Removal of Sir Job
Charleton from the Chief Justiceship of the County Palatine of Chester, and by the Importunity and Interest of his Party at Court, gained it for himself; and took the first Possession of that Charge in much Splendour, paying at that Time his Father a Visit with a numerous Train, which, as 'tis reported, put the Old Gentleman in such a Fret, for the drinking up his Cider, and devouring his Provisions, that he charged him with
(Beocge Eorti leffrepg.
297
the undertaking to ruin him, by bringing a whole Country at his Heels, commanding him never to attempt the like Prodi gality again with Hopes of Success.
Many Petitions being put up upon the dissolving the Parlia ment, in 1682, by most of the Counties, and Burroughs, and Corporations of England, for the speedy calling another, to redress the Grievances of the Nation ; and the King shewing some Dislike of that Manner of Proceeding, this Person further to endear himself to the Interest of the Court, declared in his Station as vehemently against them, by saying, He abhorred that Petitioning, &c. from which, and the discountenancing the Petitioners as much as in him lay, he gain'd the Nameand Epithet of an Abhorrer; and upon the burning the Pope in Effigies at
Temple-Bar, upon the Birth-day of QueenElizabeth,a. mongst other Figures, the Arch-waggs had set one on HorIseback with his Face
to the Tail, and a Paper on his Back, viz.
During these Transactions, the Parliament being called, met
at Westminster, and amongst others, this Person was call'd before them, for attempting to intrench upon the Rights and Priviledges of the People, &>c. and obliged at the Bar of the Commons House (after having been heard what he could say in Defence of his Proceedings by his Council), to make his Ac knowledgment upon his Knees, and receive the Reprimand of the Speaker, whereupon, with some sharp Rebukes, as the Censure of the House, he was discharged.
To comfort him in this Affliction, that was not, by a Man of his haughty Spirit, a little stomached; this Parliament being dissolved, and a call of Serjeants had at the King's-Bench-Bar,
Westminster, he was the first in the Roll, and consequently the King's Serjeant ; and as it is usual to present the King with a Ring on that Occasion, the Motto he agreed to, was, A Deo Rex, a Rege Lex; viz. , The King from God, and the Law from the
King. And now the Popish Party playing their Cards with more Security, Edward Fitz-Harris, who had been impeached by the Commons, and stood charged by them of High-Treason being nevertheless, upon the Dissolution, tried at the King's- Bench-Bar, this Person was the principal Stickler against him, and by his Rhetorick and Florid Expressions, wrought so powerfully with the Jury, who were somewhat in Doubt what
am an Abhort-er.
298 %\)t JLitt anti 2Deat5 of
they should do in this Case, that they found him Guilty, and the Impeachment in Parliament set aside, he was executed as a Traitor at Tyburn: And soon after this, the Dissenters losing of their Esteem in the Eyes of the Court-Party, and some Jus tices of Peace of Middlesex being sharp upon them, this Person was chosen Chairman at the Sessions at Hicks-Hall, where he had an Opportunity to make them as he found his Time, see the Resentments of his Anger; but this Place being held too low for a Spirit winged with so large an Ambition, he aimed at higher Things, resolving, like Icarus, to be near the Sun,
tho' at the Hazard of melting his waxen Wings, dropping headlong into the Sea of inevitable Ruin. Whereupon per ceiving some hot Contests in the City of London, about the
Election of Magistrates and Officers, he turned the Edge of his Fury that Way, insomuch, that a Quo Warranto came down against the Charter of the Honourable City of London, and in fine, after much Pleading and Arguments pro 6-> contra, the Charter was surrendred, at least in Consent, by those that were in Power, and the King suspending the Execution of the Judgment obtained, caused such Orders to be observed as he thought most convenient, which being so well known to the
Citizens of London, it would appear a Presumption in me to enter upon Particulars ; yet the chiefest Cavil against the City was, taking the Toll of Markets, collecting Money to build Cheapside Conduit, Sr>c. Nor was it long after this, that several
Persons were tried for Rioters, who attended the Election of Sheriffs and Mayor, and Fines were passed upon many worthy Citizens, as Rioters on that Occasion ; in promoting which, this Person as a Counsellor by his florid Rhetorick was mainly in strumental, by giving the Court an Account of their respective Abilities, the better to settle the Fines; but the Lord Chief Justice Saunders dying, he succeeded him as Lord Chief Justice of the King? - Bench; in which Station he was scarcely settled, but he admitted the Popish Lords to Bail, that lay under an Impeachment in Parliament, and whose bailing had been refused by the Judges his Predecessors ; and now it was that he began more particularly to remember former
Affronts, an Example of which take in the Case of Elias Best, a Hop-
Merchant in Thames-street, viz.
dfoorge ILorO 3|effrepg.
299
It so happened when this Person was Recorder of London, that a Jury, of which Best was one, having contrary to his Mind, acquitted a Party indicted at the Sessions of Peace in Guild-hall, for Printing and Publishing a Pamphlet, he in much Heat declared, that they had gone contrary to their Consciences, and stuck not to upbraid them with Perjury ; for which, as an high Affront put upon the Juries of London, they prayed the Court at the Old Baily, that they might prefer an Indictment against him ; and herein Mr. Best was the most active : But the Lord Chief Justice Scroggs then upon the Bench, after it had been a long Time argued and debated, told them, that the Sessions being almost at an End, it could not be tried, and
therefore he would desire them to refer it to the next Sessions, for the Recorder being a Person of Quality, he could not suffer him to lye under the Imputation of an Indictment so long ; but in the interim, he resigning his Recordership, the Business fell, and came to nothing ; but soon after it seems, Mr. Best had drank an Health to the pious Memory of Stephen Colledge departed, meaning the Joyner that was executed at Oxford, for which he was indicted upon an Information, and found Guilty ; yet he being at large, thought fit to withdraw himself to avoid the Rigour of the Fine, Sr>c. when so it fell out, that this Person going the Circuit as Lord Chief Justice, accompanied with a great many on Horseback, Mr. Best came by, and asked one of the Company what Judge that was ? Who replied, the Lord Chief Justice Jeffreys, and he unadvisedly told that Party his Name was Best, and desired him to remember his Service to his Lordship ; upon notice of which he immediately caused him to
be fetched back, and committed him to York Goal, from whence he was brought by Habeas Corpus to the King's-Bench, and imprisoned for a Fine of ^500, &r*c. Another instance of the Greatness of his Stomach, tho' in another Nature, is that which so remarkably happen'd at Kingston upon Thames, at the Mid summer-Assizes held there for the County of Surrey, 1679. At this Assize being Counsel in a Case upon Nisi prius, before Sir Richard Weston, one of the Barons of the Exchequer, and desiring to ingross all the Questions, without suffering those on the other Side to ask the Witness what was convenient in carrying on, and managing the Cause ; he was desired by the
300 %ty %itt ann SDeatlj of
Judges to hold his Tongue, Sfc. upon which some Words pass ing, this Person told him, He did not use him like a Counsellor, curbing him in the managing his Breviates, &c. to which the Judge fiercely replied, Ha! Since the King has thrown his Favours upon you, in making you Chief Justice of Chester, you think to run down every Body; if you find yourself aggrieved, make your Complaint, here's no Body cares for it. And this Person replying, That he had not been used to make Complaints, but rather stopped those that were made; when being again commanded to hold his Tongue, he sat down and wept for Anger, &c. And here by the way it will not be amiss to let the Reader have a Taste of some Passages that happened on the publick Stage of Business, in the Jocular part of this great Man's Life, and the Repartees he met with, of which I
lhall instance a few :
Once it happened upon a Trial, that a plain Country fellow,
giving Evidence in the Court, and pressing it home, moved this Person, who was Counsel on the other Side, to pick a Quarrel with this poor Man's Leather Doublet, and amongst other In terrogations, bawl'd out, You fellow in the Leather Doublet, pray what have you for swearing ? The Man upon this, looked
steadily on Ihim, replied, Truly, Sir, ifyou have no more for
lying than
Doublet as well as I. This bluntly retorted, moved at that Time much Laughter, and filled the Town with the Discourse
have Swearing, you might wear a Leather for
of it.
Another Time it fell out, that some Musicians brought an
Action against a Person, at whose Wedding-day they had play'd, for the Money they were promised or expected, when in the midst of the Evidence, this Person called to one of them, viz. You Fiddler, &c. at which the Man seeming disgusted, he again, upon the Party's- alledging himself to be a Musician, demanded, What Difference there was between a Musician and a Fiddler? As much, Sir, said he, as there is between a pair of Bag-pipes and a Recorder. And he then being Recorder of London, it was taken as a suitable Repartee.
A Country Gentleman having Married a City Orphan, comes and demands her Fortune, which was about ,£1100, but by all the Friends that he could make, could not procure it, till he
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301
goes to Jeffreys, then Recorder, and gave him 100 Guineas to be his Friend to get out his Wife's Fortune, upon which Jeffreys told him, that the Court of Aldermen would sit such a Day ; the Gentleman appearing, was call'd in, Jeffreys being present, who ask'd him, Sirrah, what's your Business ? Upon which the Gentleman told him, That he had Married a City Orphan, and desired he might have her Portion o' th' Chamber ; upon which Jeffreys ask'd him, If he had askt the Consent of the Court of Aldermen ? He told him, No. Upon which he call'd him Rogue, Rascal, Sirrah, you should have ask'd Leave from the Court for such a Marriage. He told him he under stood not the Custom o' th' City, and begg'd their Pardon, being a Country Gentleman. Upon this Jeffreys abus'd him again : but afterwards gives him a Note for his Money ; his publick Railing upon him being only to blind the Court, that they might not suspect him bribed.
Jeffreys (when Chief Justice) being at a Country Assize, try ing a Cause, an old Man with a great Beard came to give Evidence before him, and not doing it to his Mind, he began to cavil with his Beard, and amongst other Expressions told him,
That if his Conscience was as large as his Beard, he might well swear any thing. This so netled the old Blade, that without any Respect to his Greatness, he briskly replied, My Lord, if
you go about to measure Consciences by Beards, your Lordship has none.
The Lord Jeffreys at another time making a Speech to the Grand Jury, particularly charged them to be severe against the Protestant Dissenters ; during the Time of the Charge he espied
his old Schoolmaster, and pointed at him particularly, saying, That is one of them. Many more of this kind might be men tioned, but not being greatly to the Purpose, they are willingly
omitted. Which the Reader will be apt to believe, if he ex amines his Dealings with Mr. Moses Pitt, Bookseller, which that I may set in their true Light, I shall give 'em in Mr. Pitt's own words, as I find 'em in his Treatise, entituled, The City of the Oppressed, p. 105, which are as follows :
Among several Houses I built both in King-street and Duke- street, Westminster, just against the Bird-Cages in St. James's Park, which just as I was a finishing, I lett to the Lord
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tlElje %itt ann 2Deartj of
Chancellor Jeffreys, with Stables and Coach-houses to for £300 per Annum. After which, when he the said Chancellor came to see the House, (Alderman Duncomb, the great Banker being with him) and looking about him, saw between the House and St. James's Park an idle piece of Ground, he told me, He would have a Cause-Room built on it. told him that the Ground was the King's. He told me that he knew was but he would beg the Ground of the King, and give me He also bid me make my own Demands, and give him in Writ ing, the which did and unto which he did agree, and com manded me immediately to pull down the Park-Wall, and to build as fast as could, for he much wanted the said Cause- room. My Agreement with him was, That he should beg ofKing James all the Ground without the Park- Wall, between Webbs and Storey's inclusive; which said Ground Twenty-Five Foot in Breadth, and near Seven Hundred Foot in length (to the best of my Memory) for Ninety Nine Years, at a Pepper
corn per Annum, and he, the said Lord Chancellor, was to make over the said King's Grant to me for the said Number of Years, without any Alterations, with Liberty to pull down, or build on
the King's Wall, and to make a Way and Lights into the King's Park, according as pleas'd. In Consideration of my building on the said Ground of the Kings's, and the said Lord
Chancellor's Enjoyment of during his Occupation of the said House. All which the Lord Chancellor agreed to. For that purpose he sent for Sir Christopher Wren, his Majesty's Sur veyor, and my self, and ordered Sir Christopher to take Care to have the said Ground measured, and Platform taken of and that Writings and Deeds be prepared for to pass the Great Seal. Sir Christopher ask'd the said Lord Chancellor, in whose Name
the Grant was to pass, whether in his Lordship's or Mr. Pitt's The Chancellor replied, That the King had granted him the Ground for Ninety Nine Years, at Pepper-corn per Annum, and that he was to make over the said Grant to his Landlord Pitt, for the same Term of Years, without any Alteration, in
Consideration of his said Landlord Pitt building him a Cause- Room, &*c. and his the said Lord Chancellor's enjoying the same during his living in the said Pitt's House and withal urg'd him the said Pitt immediately to take down the King's
:
a
it I a
?
it it it, :;
it,
is
I it
I
I ;
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303
Park-wall, and to build with all Expedition ; for he much wanted the Cause-room, and that I should not doubt him, for he would certainly be as good as his Agreement with me. My Witnesses are, Sir Christopher Wren, his Majesty's Surveyor, Mr. Fisher deceas'd, who belong'd to Sir C. Harbord, his Majesty's Land
Surveyor, Mr. Joseph Avis, my Builder, Mr. Thomas Blud- worth, Mr. John Arnold, both Gentlemen belonging to the said Lord Chancellor, and several others ; upon which I had a Warrant from Mr. Cook, out of the Secretary of State's
Office, in the Lord Chancellor's Name, with King James's Hand and
Seal, to pluck down the King's Wall, and make a Door and Steps, Lights, cVv. into the Park, at Discretion ; which said Warrant cost me £6 5s. Upon which, in about three or four Months Time I built the two Wings of that great House, which is opposite to the Bird-cages, with the Stairs, and Tarrass, cW. which said Building cost me about Four Thousand Pounds, with all the Inside-work : My Workmen being employed by the said Lord Chancellor to fit up the said House, and also Offices, and Cause-Room for his Use ; for all which he never paid me one Farthing.
When I had finished the said Building, I demanded of him several Times my Grant of the said Ground from the King ; he often promised me, that I should certainly have it ; but I being very uneasie for want of my said Grant, I wrote several Times to him, and often waited to speak with him, to have it done ; but at last I found I could have no Access to him, and that I spent much Time in waiting to speak with him, altho' I lived just over-against his Door ; and also I consider'd that he could not be long Lord Chancellour of England, King William being just come. I got into the Parlour where he was, many
Tradesmen being with him that he had sent for ; I told him, that I did not so earnestly demand my Rent, which was near half a Year due, but I demanded of him my Grant from King James of the Ground we had agreed for, in Consideration of my Building. He told me, That he would leave my House, and that he should not carry away the Ground and Building with him ; which was all the Answer I could have from him. And the very next Day he went into Whitehall, and had the Jesuite Peter's Lodging, where he lay till that Tuesday Morning
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King James first Abdicated, and went away with Sir Edward Hales ; the said Lord Chancellour should have gone with them,
but they dropt him ; so that Morning finding them to be gone, he was fain to shift for himself, and to fly with a Servant, or at most two, with him, and soon after taken and sent to the Tower, where he since died.
Jeffreys prosecuted Mr. Baxter for his Paraphrase upon the New Testament, and sent him to prison ; he coming out by an Habeas Corpus, was fain to abscond in the country (in con stant Pain) till the Term. Then his oft Waitings at the Bar (where he could not stand) and then to be railingly treated by Jeffreys and Withins, and called Rogue and Knave, and not suffered to speak one Word of Answer for himself, and his Councel being reviled that offered to speak for him, was far harder to him than his Imprisonment. And then going from the Bar, he only said, That his Predecessor thought otherwise of him. Jeffreys reply'd, There was not an honest Man in
England that took him not for a Knave; not excepting the King, that had given him another Testimony in Words.
But to return to the Thred of this Discourse; passing by his vehement and pressing Discourse to the Jury against William Lord Russel, on his Trial at the Old Baily, which, some say, greatly influenced them to find him guilty; and add, That he did it out of a Pique, in Remembrance he was one of the Mem bers of the Parliament before whom he was brought on his knees. We find him by this Time trying of Dr. Titus Oates, upon two Informations, upon the Account of his swearing to the White- Horse-CoTisWiX. , and Ireland's being in Town ; and after a long Debate, wherein many Repartees passed, the Jury made a shift to find him guilty ; as to the Circumstances, I refer you to the
Trial ; but the Sentence was severe, and of its Effects few are ignorant, wherefore I shall pass it over, as also Mr. Thomas Dangerfield, another of the Evidences in discovering the Con trivances, and carrying on of the Popish Plot, which the Papists by these manner of Proceedings accounted to be effectually stifled. And now before any thing remarkable happened, the Kingdom was alarm'd with the Landing of the late Duke of Monmouth at Lyme, in Dorsetshire, and the Earl of Argyle in Scotlandj but however these two unfortunate Gentlemen mis
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carrying, and losing their lives, left a great many of their miserable Followers to feel the Severity of Punishment ; and as for the gleaning the bloody Fields in England, they came to the sitting of this Person, who with others going down with a Commission to try them, all the Indignities the Dissenters had put upon him, came fresh into his Remembrance, so that he made them find the Laws more cruel than the Sword, and wish they had fallen in the field, rather than come to his Handling ;
for he breathed Death like a destroying Angel, and sanguined his very Ermins in Blood : A large Account of which you shall
have in its proper Place.
But by the Way, for the sake of the West-Country Reader,
I shall here add a true and impartial Narrative of the late Duke of Monmouth's whole Expedition while in the West, seeing that was the Prologue to that bloody Scene that you will hear by and by, was acted by George Lord Jeffreys, (the Subject of our present Discourse. )
To begin then, May 24, Old Style, we left Amsterdam about Two of the Clock, being Sunday Morning, and in a Lighter sail'd for the Texel, our Vessels being sent before us thither ; but meeting with extreme cross Winds all the Way, we arrived not till Saturday Night, and then went all on Board. Here our Man of War with about 32 Guns (where the Duke's Person was) was under an Arrest by Order of the States of Amsterdam on the Complaint of our Envoy, they presuming we had been clear, but we broke through our Arrest, and Sunday Morning, at break of Day, set Sail for England. We had in all three
Ships; that of 32 Guns carried most of our Men, the other two were for our Ammunition. We met with exceeding cross Winds, most part of the Time we spent on the Seas, and arrived not at Lyme till Thursday, June 11, so that from Amsterdam to Lyme we wanted but two Days of three weeks.
We landed without any the least Opposition, and were re ceived with all Expressions of Joy imaginable ; the Duke, as soon as he jumped out of his Boat on Land, call'd for Silence, and then desir'd we would join with him in returning God Thanks for that wonderful Preservation we had met with at Sea, and accordingly fell on his Knees on the Sand, and was
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the Mouth of us all in a short Ejaculation, and then immediately- well Armed, as many as we were, entered the Town.
Friday the whole Day was spent in listing of Men, which flocked to us so fast, that we could scarce tend them with Arms.
The like on Saturday also ; and then about ten of the Clock at Night, 300 of our Men were sent to Bridport, about six English Miles off, to storm that Town betimes in the Morning, which we did accordingly, taking many Prisoners out of their Lodgings ; and had not our Soldiers been a little too eager of Plunder, we had made a good Day's Work on't ; but there lying about a Wood some of the King's Forces, we were forced to retreat, losing three or four Men, and killing several of theirs, and taking eight Prisoners ; this was the first Action which he had.
Sunday also was spent in Listing, and Monday Morning ; but in the Afternoon we marched out of Lyme for Axminster, a little Town four Miles off ; our Party was near 2000 Foot, and 300 Horse, though we landed not full an hundred Men, and all these in the Space of four Days : About two Miles from Lyme we espied the Duke of Albermarle, with about 4000 Men, designing that Night to quarter in the same Town, which we had News of in the Way ; yet we marched on in good Order, and came into the Town, lined all the Hedges, planted our
Field-pieces, and expected nothing more than that we should give 'em Battel, they being not an English Mile from the Town ; they made towards us as soon as they heard that we were there; but the Duke of Albermarle finding his Men to be all Militia-Men of the County of Devonshire, and that they had no Stomach to fight against Monmouth, retreated, when he came within a Quarter of an English Mile of the Town. He came from Exon with these Forces, intending to lay a Siege against Lyme, presuming we could not be ready in so short a Time ; but finding us so well prepared to receive him, he wisely
retired, his Men being in great Disorder and Confusion, sup posing we had pursued them, which was Debated; but the Duke said, It was not his Business to fight yet, till his Men had been a little disciplin'd, but rather to make up into the Country as fast as possible, to meet his friends, not questioning but there would have been in several Parts of the Kingdom some Action
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on the News of his Success : But this in the End proved fatal to us ; for had we but follow'd them, we had had all their Arms, several more Men, and might have march'd in two Days with little or no Opposition, to the very Gates of Exon, the Country Troops resolving not to fight us ; and several came to us that Night with their Arms. But missing this Opportunity, we march'd on for Taunton, lodging at several small Towns by the Way, which still received us as kindly as possible, and all the Way met with the loud Acclamations of the Country, praying God to succeed our Arms.
Thursday we came to Taunton, about twenty Miles from Lyme. To give a particular Account of our Reception here, would be too tedious ; the Streets so throng'd with People, we could scarce enter, all endeavouring to manifest their Joy at his
Coming, and their Houses, Doors, and Streets garnished with green Boughs, Herbs, and Flowers, all the Emblems of Pros perity.
The next Day, twenty six young Gentlewomen, Virgins, with Colours ready made at the Charge of the Townsmen, presented them to his Grace; the Captain of them went before with a Naked Sword in one Hand, and a small Curious Bible in the other, which she presented also, making a short Speech, at which the Duke was extremely satisfied, and assured her, He came now in the Field, with a Design to defend the Truths contained therein, and to seal it with his Blood, if there shoul'd be an Occasion for it. Nothing now could content the Country, but he must be proclaimed King, which he seemed exceeding averse to ; and really I am of Opinion, from his very Heart.
They said, The Reason why the Gentry of England moved not, was because he came on a Common-wealth Principle: This being the Cry of all the Army, he was forced to yield to it ; and accordingly Saturday Morning he was Proclaimed : In the Afternoon came out three PROCLAMATIONS, one setting a Sum of Money on the King's Head, as he had done before by the other : The Second, Declaring the Parliament of England, A Seditious Assembly ; and if they did not separate before the End of June, to give Power and Authority to any that would
attempt to lay hold of them as Rebels and Traitors : The Third, To declare the Duke of Albermarle a Traitor, (who now lay X2
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within six Miles of us, having had Time to rally his Men) if he laid not down his Arms ; forthwith also a Message was sent to command him ; but he sent Word, That he was a Subject to JAMES the Second, the late King's Brother, and that he knew no other Lord.
We tarried here till Sunday Morning, and then march'd for Bridgwater, seven Miles from thence : We were now between four and five thousand Men, and had we not wanted Arms, could have made above ten thousand. We were received here as in other Places, but did little more than Read our Declaration, which we did also in all other Towns, the Magistrates standing by in their Gowns ; and likewise our Proclamation, and so march'd forward for Glassenbury ; from Glassenbury we design'd for Bristol, three Days March from that Place, designing to attack it : Accordingly we arrived at Canshum-Bridge, a little Town, three Miles English from Bristol, intending to enter next Morning, the Duke of Beauford being there with a Garrison of about Four Thousand Men; being here lodg'd in the Town, we were on a sudden alarm'd with the Noise of the Approach of
the Enemy, being in no small Confusion on this unsuspected News : The Duke sent one up the Tower to see whether he could discover them marching ; as soon as he came up, he saw them at the very Entrance into the Town fighting with our Men.
Here we had a small Skirmish, our Men being in the Fields ad joining to the Town, refreshing themselves ; but it lasted not long, for before he could bring Word, they were fled, being not
above sixty Horsemen. They did us mischief, killed and woun ded about twenty Men, whereas we killed none of theirs, only took four Prisoners and their Horses, . and wounded my Lord Nuburg, that it was thought mortal ; they came thither, think
ing it had been their own Forces ; and had not our undisciplin'd Fellows been a little too eager, and suffer'd 'em to come a little further on, they would have entered the Town, and we must
have had every Man of them ; their Infantry was following, but on their Return came not forward. These Forces being so near, and Bristol being so well mann'd also, the Duke was loth to pass the Bridge for Bristol, though some Gentlemen that came
over with us, and were proscribed upon the Account of the former Plot, being Bristol Men, and knew the Hearts of the
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Townsmen, begg'd him heartily to proceed towards offering themselves to go in the Head of them into the Town, by some private Ways which they knew, assuring him, They would make no Resistance, but could not persuade him which had we been Possessors of, we could not have wanted Money nor Arms, the only Things needful for us in that Juncture for had we but had Arms, am persuaded we had by this Time had at the least
twenty thousand Men and would not then have been diffi cult for us to have march'd to London, with the Recruit of Bristol, the King not being able to make 7000 Men for the gaining of so many Kingdoms. But God saw not fit for us, and over-ruled our Consultations to our own Ruin for this was in the Top of our Prosperity and yet all the while, not Gentle
man, more than went over with us, came to our Assistance.
So we march'd on to Bath; we lay before in the Afternoon, and sent in our Trumpeter to demand the Town, but they re
fused to give us Entrance, having a strong Garrison, being a stout People, and a strong Place. Having no Mind to spend Time in laying Sieges, we march'd on that Day to a little Town called Phillips-Norton, and there lay that Night, being now Sunday the 26th of June, Old Style Saturday Morning, pre paring for Frome, we were drawing out our Bagage for our March, and on sudden were alarmed with the Appearance of the Enemy, who had entered the Town, and had lined all the Hedges, and began to fire on us Here we began the briskest Rencounter we yet had, and for an Hour or more we had a ' brisk Skirmish but at last we beat them back, killing about thirty which lay in the Place and we lost about ten in all, and a few wounded They retreating with their whole Army, pitched within a Mile of the Town and we went out also, and pitched near them, but out of Musket-shot, playing Cannon one on another for some Hours they killed us but one Man all the while, but with ours we did great Execution, having the Advan tage of the Ground so at last they retreated, and have been told, lost some hundreds of Men in the Battel, both killed and wounded So we marched on for Frome, a Town where we were as well beloved as at Taunton, were we wanted for nothing but Arms, which were by a Stratagem taken from them few Days before our Entrance. Here came the unexpected News
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of Argyl/s being defeated, and likewise of the Advance of the King's Forces from London with considerable Bagage, and thirty Field-Pieces. On this News, together with our Want of Money and Arms, (not seeing which Way to avoid these Forces) we were at a Stand, and not a little non-plus d. 'Twas at last agreed on, that we that came with the Duke, should get good Horses that Night, and so for Pool, a little Sea-port Town not
far off, where we were to seize a Ship, and set forth for Hol land again, leaving our Infantry to the Mercy of the Country.
This was much like that Resolution of the Hollanders, in the Time of the Civil War with Spain, being, as we then were, in Despair of making better Terms, and not daring to enter Salis bury-Plain, because their Horse being so much better than ours, their Men being all Disciplin'd, ours not, we could not face them in so plain and open a Country, so that we retreated backward : In the mean time resolving to see what London would do, having a good Opportunity offer^ them : The Soldiers
• being call'd forth, and not two thousand Men to be had for their Defence, if they had but attempted any thing ; this disheartened our Men, and several of them coming home to their own Country, having felt by Experience the Hardships of War, withdrew from us.
We came well back again to Bridgwater, and were received with wonted Love ; we arrived here on Friday the 3rd of July, and resolved here to fortifie, so as to hold our Ground till we heard from London. Saturday in the Afternoon News was brought of the Approach of the King's Forces within a Mile and a half of the Town where they had encamped ; the Duke went up into the Tower, and there took a View of them, and seeing them so careless, and their Horse at some Distance from the Army, in a little Town, the Infantry being in Sedge-Moore. He called a Council on and was concluded on, that we should fall on them in the dead of the Night accordingly having a Guide to conduct us on in a private Way, we march'd out at about Eleven of the Clock in the Night, and about One
fell on them in their Tents. There was a Ditch between us, and the Guide promised to conduct 'em over an easie fordable Place, but our Men seeing the Enemy just before them, ran furiously on, and lost the Guide, so that while they endeavoured
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to recover over that Place, the Enemy got on their Legs, and put themselves in Order, and now began as fierce a Battel as perhaps ever was fought in England in so short a Time ; our Foot fought as well as ever Foot fought, but not a Horse came up ; had our Horse but assisted, we must have beaten them out of the Field. But our Horses would not stand at the Noise of Drums and Guns, so that we soon lost two of our Pieces of Ordnance, and we had but four in all, and then but one more in the Field ; our Foot flung most of their Shot over, so that the Men for the most Part were killed in the Rear, and that run, but the Front stood still ; and had we done as much Execution in the Front, as we did in the Rear, the Day had been our own ; but God would not have their Time was not yet come By this Time their Horses came up, and having six or eight hundred good disciplin'd Men, well mounted and well arm'd, ours neither our Foot having shot away all their Ammunition, and our Bagage being not then in the Field, they were forced to retreat, being all in Confusion.
Having no Money left, and our Party thus unexpectedly re pulsed, the Duke seeing he could not hold it. any longer, fled with my Lord Gray.
The Duke's Party was said to be about three thousand Foot, and a thousand House we had more, at least five thousand Men and Horse, but not well arm'd, yet in the Field. 'Tis said we lost not above three hundred, and they Foot But after when we were routed, in our Retreat, lost vast many more though
they pursued not in some Hours after.
The most remarkable Persons that were taken in this total
Rout, were Colonel Holmes, Major Perrot, the Constable of Crookhorn, and Mr. Williams, Servant to the late Duke of Monmouth.
After the Field was clear of the Duke's Men, the Earl of Feversham marched with five hundred Foot, and a Party of Horse and Dragoons to Bridgwater, where he found the Duke's Forces that were left there, fled and dispersed into several Places When his Lordship having left . these Men in the Town, under the Command of Colonel Kirk, and hearing the late Duke of Monmouth was fled with about fifty Horse, the greatest Number of the Duke's Men that were left together, he sent out divers
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Parties in pursuit of him and others that fled the Field. When on the 7th of July, about Five in the Morning, some of the Lord
Men seiz'd the Lord Gray and another Person near Holt-Lodge in Dorsetshire, four Miles from the West of Ring- wood; and the said Lord Lumly making further Enquiry among the Cotts, was informed by one Anna Ferrant, that two Men went over a Hedge, proving to be the Out-bounds of many In- closures, some of which were overgrown with Fern, others with
Pease and Oats ; but Guards being set upon the Avenues, after divers Attempts to escape, the Brandenburg, one of the Parties observed to enter the Ground, was taken on the 8th of July, about five in the Morning, who confessing he departed from the
. late Duke of Monmouth about One of the Clock that Morning in the Outbounds, diligent Search was made ; when about Eleven of the Clock the same Morning he was found, by one Henry Parking, hid in a Ditch, covered with Fern, who calling others to assist Him, the said late Duke was in the End taken, and together with the Lord Grey and the Brandenburgh, with a Guard brought by easie Journies to Whitehall, where they ar rived on the 13th of July, and after some Examination were committed to the Tower, when on Wednesday the 15th of July, the late Duke of Monmouth, pursuant to a Warrant signed for his Execution, upon his Attainder of High-Treason, was deli vered to the Sheriffs of London and Middlesex, ahout Ten in the
Morning, and conducted to a Scaffold erected on Tower-Hill, where after about half an Hour's Continuance, he laying down his Head, had it stricken off by the Executioner, the which, together with his Body, being put into a Coffin covered with Velvet, were carried away in a Velvet-covered Hearse, in Order to his Interment.
After the Duke was beheaded, many Prisoners taken, and those that fled by Parcels up and down, secured in divers Goals, in Order to their Prosecution, as was said, according to Law ; which was the Occasion of this great Man's shewing his Parts to that Degree as he did, no one else being fit to be made a Tool for such a Bloody Tragedy as he acted.
He went not only Judge, but had a Breviate under King
Luml/s
Hand, to command what Troops he pleas'd to attend his Commands from Place to Place. And was Lieutenant
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General, as well as Judge, and he gave daily the Word, and Orders for going the Rounds, dr'c. and ordered what Party of Troops he pleased to attend him. When Major C d, who commanded the first Regiment of Guards, the Dragoons, who were as his Life-Guard, when at the Head of the Troop follow ing Jeffreys from Somersetshire to Wiltshire, in Order for Lon don, after the Assizes, the Major asked Jeffreys, If there would be any favour shewn to one Mr. Speake, who was not the Speake intended ? Jeffreys said, No, his Family owed a Life, he should die for his Name-sake, because one of the Family and Name was guilty of being in the Action, but was escaped, and therefore this being his Brother, should die. Jeffreys demanded of the Major, How many he thought there was killed by the Soldiers ?
He replied, a Thousand, Quoth Jeffreys, I believe I have con demned as many as that myself. —'Tis to be remembred, that the Fellow call'd Tory Tom, at Wells, for his dirty Sauciness was sent to the Guard by his Major ; when presently this Tory Tom petitioned some Persons to intercede with the Major and sent the Major a Letter, desiring his Liberty ; for that if he or any
one should give Tory Tom an ill word to Judge Jeffreys, the Judge would hang him right or wrong with the rest of the Pri soners, or condemn him at least ; so, upon his Submission, the Major discharged him, and did not leave him to the Mercy of his own Tory Judge.
The Trials in the West were deferred (for some time after the fatal Blow given to the Duke of Monmouth on Tower-Hill, which was the 1 5th of July following) because of my Lord's being at Tunbridge; but the latter end of August, he with a special Commission of Oyer and Terminer, assisted with four other Judges, set forward with a Party of Horse, he being made by special Commission their General. The first Place he came
at, was Winchester, where were divers Prisoners on Suspicion ; but here began the Tragedy ; for the Lady Lisle was there Ar raigned for High-Treason, in harbouring Mr. Hicks and Mr. Nelthrope, that had been concerned with the Duke ; the Lady being on her Trial, the Jury were dissatisfied once and again, but my Lord's Threats and other Managery, so disposed the
Jury, that at last they brought the Lady in Guilty ; on which he
pronounced
the Sentence of Death on her, as usual in such
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Cases ; but she had the Favour of being beheaded ; their other Prisoners were carried to Salisbury; and this was the most remarkable Thing at that Assizes.
From thence they set forward for Salisbury, where were many- Prisoners that had been pick'd up and down the Country, then in the Goal, the which, with those that were brought from
Winton, were ordered to be carried to Dorchester, there not being Evidence enough to accomplish what was then designed by my Lord ; so that little of Moment passed there, but to pur sue the Matter, proceeds from thence to Dorchester, where he with his Assistants, Gown-men and Sword-men, arrived on the 3d of September, on which day, being Thursday, the Commission was read. Friday Morning was an Excellent Sermon preached before their Lordships, by a worthy Divine, Chaplain to a worthy
Person of that Country, much tending to Mercy : It was ob served, that while my Lord Chief Justice was in Church at Prayers, as well as at Sermon, he was seen to laugh ; which was so unbecoming a Person in his Character, that ought in so
weighty an Affair as he was then entering upon, to have been more serious, and have craved the Assistance of God Almighty. The Sermon being over, their Lordships repaired to the Court, which by Order of the Lord Chief Justice was hung with Red
Cloth, a Colour suitable to such a succeeding Bloody Tragedy, being accompanied by a numerous Company of the Gentry of that County, as well as the Flower of the Neighbouring Counties of Somerset and Devonshire, and then proceeded to give his Charge ; in which Charge, by Reason of the Severity of his
Sentiments, and Positions laid down to make Discoveries of all such as were Abettors, Aidors, or Assisters to the late Duke of Monmouth, on Pain of High-Treason, which was a great Sur prise to all the Auditors, and so vehemently urged, and so passionately expressed, as seemed rather the Language of a Romish Inquisitor, than a Protestant Judge; and then Ad journed until Eight of the Clock next Morning, when was a Bill found against thirty Persons charg'd for High-Treason, for aiding and assisting the late Duke of Monmouth; who put
themselves on their Trials, notwithstanding my Lord's Threat-
ning, That if any did put themselves on Trial, and the Country found them Guilty, they should have but a little Time to live.
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And at the same time insinuated, That it were better to plead Guilty, ifthey expected any Favour.
These thirty being on Trial, the Evidences being sworn and examined before the Jury : Upon the whole, by the violent Deportment of the Lord Chief Justice, and Sharpness of the Jury, they found twenty nine Guilty, though some of them were very hardly dealt with, and not so Criminal as my Lord and the Country imagined. Particularly amongst the twenty nine, were Mr. Matthew Bragg of Thorncomb, and Joseph Speed of Culliton, in the County of Devonshire, and Mr. Smith, Con stable of Chardstock, in the said County, and George Steward of Culliton aforesaid. The Circumstances of each of these, and the Severity of their being found Guilty, &>c. shall be shewed in his proper Place, before we take Leave of this Town, and proceed on in this Western Expedition.
The said twenty nine being found (as before) Guilty, my Lord immediately pronounced Sentence of Death on them all, as usual in Cases of High-Treason, and did the same Night give a Warrant to the Sheriff for the Execution of thirteen of the twenty nine on Monday following ; which accordingly was done, notwithstanding great Application was made to the Lord Chief Justice by Gentlemen of the best Quality, in this and the neigh bouring Counties, for a Reprieve of Mr. Bragg, to all which he was deaf, and not to be prevailed upon, though he was assured of his Honesty, and true Conformity to the Church of England, yet it availed nothing. At last it was only requested for ten Days Respite, yet that had no better effect ; but on Monday he with twelve more of that Number were accordingly executed at Dorchester.
In the mean time this Proceeding was design'd to shorten Business, and to wheedle the rest that were to follow to a Con fession, which without it the tenth Part of them could not be
proved Guilty. A Method was also taken without President, to entrap many poor ignorant People, by a couple of Officers that were sent into the Gaol, to call over, and to take the Names of the Prisoners, on Promise, if they confest, they might expect Mercy, otherwise not ; which many did. And this was written so, that had they pleaded Not Guilty, these two were designed to have been Evidences against them from their own Confes
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sions, which so disposed the remaining great Numbers, that all, except a very few, pleaded Guilty, which put an End to any further Trial.
The only Thing remaining, was the pronouncing of Sentence on them, which were in Number 292, who received Sentence of Death all at once. One Mr. Lawrence put himself on Trial, but by the Jury found Guilty, whose Case was heard, his Cir cumstances being so small to be condemned to die ; and had
actually suffered, had not Application been made to my Lord's Favourites, and with the Payment and securing of 400/. pre served him from Execution.