Thomas Babington Macaulay - The History of England from the Accession of James II (Vol. 1-5)

No English sovereign has ever given stronger proof of a cruel nature than James the Second. Yet his cruelty was not more odious than his mercy. Or perhaps it may be more correct to say that his mercy and his cruelty were such that each reflects infamy on the other. Our horror at the fate of the simple clowns, the young lads, the delicate women, to whom he was inexorably severe, is increased when we find to whom and for what considerations he granted his pardon.

The rule by which a prince ought, after a rebellion, to be guided in selecting rebels for punishment is perfectly obvious. The ringleaders, the men of rank, fortune, and education, whose power and whose artifices have led the multitude into error, are the proper objects of severity. The deluded populace, when once the slaughter on the field of battle is over, can scarcely be treated too leniently. This rule, so evidently agreeable to justice and humanity, was not only not observed: it was inverted. While those who ought to have been spared were slaughtered by hundreds, the few who might with propriety have been left to the utmost rigour of the law were spared. This eccentric clemency has perplexed some writers, and has drawn forth ludicrous eulogies from others. It was neither at all mysterious nor at all praiseworthy. It may be distinctly traced in every case either to a sordid or to a malignant motive, either to thirst for money or to thirst for blood.

In the case of Grey there was no mitigating circumstance. His parts and knowledge, the rank which he had inherited in the state, and the high command which he had borne in the rebel army, would have pointed him out to a just government as a much fitter object of punishment than Alice Lisle, than William Hewling, than any of the hundreds of ignorant peasants whose skulls and quarters were exposed in Somersetshire. But Grey's estate was large and was strictly entailed. He had only a life interest in his property; and he could forfeit no more interest than he had. If he died, his lands at once devolved on the next heir. If he were pardoned, he would be able to pay a large ransom. He was therefore suffered to redeem himself by giving a bond for forty thousand pounds to the Lord Treasurer, and smaller sums to other courtiers. 462

Sir John Cochrane had held among the Scotch rebels the same rank which had been held by Grey in the West of England. That Cochrane should be forgiven by a prince vindictive beyond all example, seemed incredible. But Cochrane was the younger son of a rich family; it was therefore only by sparing him that money could be made out of him. His father, Lord Dundonald, offered a bribe of five thousand pounds to the priests of the royal household; and a pardon was granted. 463

Samuel Storey, a noted sower of sedition, who had been Commissary to the rebel army, and who had inflamed the ignorant populace of Somersetshire by vehement harangues in which James had been described as an incendiary and a poisoner, was admitted to mercy. For Storey was able to give important assistance to Jeffreys in wringing fifteen thousand pounds out of Prideaux. 464

None of the traitors had less right to expect favour than Wade, Goodenough, and Ferguson. These three chiefs of the rebellion had fled together from the field of Sedgemoor, and had reached the coast in safety. But they had found a frigate cruising near the spot where they had hoped to embark. They had then separated. Wade and Goodenough were soon discovered and brought up to London. Deeply as they had been implicated in the Rye House plot, conspicuous as they had been among the chiefs of the Western insurrection, they were suffered to live, because they had it in their power to give information which enabled the King to slaughter and plunder some persons whom he hated, but to whom he had never yet been able to bring home any crime. 465

How Ferguson escaped was, and still is, a mystery. Of all the enemies of the government he was, without doubt, the most deeply criminal. He was the original author of the plot for assassinating the royal brothers. He had written that Declaration which, for insolence, malignity, and mendacity, stands unrivalled even among the libels of those stormy times. He had instigated Monmouth first to invade the kingdom, and then to usurp the crown. It was reasonable to expect that a strict search would be made for the archtraitor, as he was often called; and such a search a man of so singular an aspect and dialect could scarcely have eluded. It was confidently reported in the coffee houses of London that Ferguson was taken, and this report found credit with men who had excellent opportunities of knowing the truth. The next thing that was heard of him was that he was safe on the Continent. It was strongly suspected that he had been in constant communication with the government against which he was constantly plotting, that he had, while urging his associates to every excess of rashness sent to Whitehall just so much information about their proceedings as might suffice to save his own neck, and that therefore orders had been given to let him escape. 466

And now Jeffreys had done his work, and returned to claim his reward. He arrived at Windsor from the West, leaving carnage, mourning, and terror behind him. The hatred with which he was regarded by the people of Somersetshire has no parallel in our history. It was not to be quenched by time or by political changes, was long transmitted from generation to generation, and raged fiercely against his innocent progeny. When he had been many years dead, when his name and title were extinct, his granddaughter, the Countess of Pomfret, travelling along the western road, was insulted by the populace, and found that she could not safely venture herself among the descendants of those who had witnessed the Bloody Assizes. 467

But at the Court Jeffreys was cordially welcomed. He was a judge after his master's own heart. James had watched the circuit with interest and delight. In his drawingroom and at his table he had frequently talked of the havoc which was making among his disaffected subjects with a glee at which the foreign ministers stood aghast. With his own hand he had penned accounts of what he facetiously called his Lord Chief Justice's campaign in the West. Some hundreds of rebels, His Majesty wrote to the Hague, had been condemned. Some of them had been hanged: more should be hanged: and the rest should be sent to the plantations. It was to no purpose that Ken wrote to implore mercy for the misguided people, and described with pathetic eloquence the frightful state of his diocese. He complained that it was impossible to walk along the highways without seeing some terrible spectacle, and that the whole air of Somersetshire was tainted with death. The King read, and remained, according to the saying of Churchill, hard as the marble chimneypieces of Whitehall. At Windsor the great seal of England was put into the hands of Jeffreys and in the next London Gazette it was solemnly notified that this honour was the reward of the many eminent and faithful services which he had rendered to the crown. 468

At a later period, when all men of all parties spoke with horror of the Bloody Assizes, the wicked Judge and the wicked King attempted to vindicate themselves by throwing the blame on each other. Jeffreys, in the Tower, protested that, in his utmost cruelty, he had not gone beyond his master's express orders, nay, that he had fallen short of them. James, at Saint Germain's would willingly have had it believed that his own inclinations had been on the side of clemency, and that unmerited obloquy had been brought on him by the violence of his minister. But neither of these hardhearted men must be absolved at the expense of the other. The plea set up for James can be proved under his own hand to be false in fact. The plea of Jeffreys, even if it be true in fact, is utterly worthless.