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

Halifax was told that he must give up the Privy seal and accept the Presidency of the Council. He submitted with extreme reluctance. For, though the President of the Council had always taken precedence of the Lord Privy Seal, the Lord Privy Seal was, in that age a much more important officer than the Lord President. Rochester had not forgotten the jest which had been made a few months before on his own removal from the Treasury, and enjoyed in his turn the pleasure of kicking his rival up stairs. The Privy Seal was delivered to Rochester's elder brother, Henry Earl of Clarendon.

To Barillon James expressed the strongest dislike of Halifax. "I know him well, I never can trust him. He shall have no share in the management of public business. As to the place which I have given him, it will just serve to show how little influence he has." But to Halifax it was thought convenient to hold a very different language. "All the past is forgotten," said the King, "except the service which you did me in the debate on the Exclusion Bill." This speech has often been cited to prove that James was not so vindictive as he had been called by his enemies. It seems rather to prove that he by no means deserved the praises which have been bestowed on his sincerity by his friends. 228

Ormond was politely informed that his services were no longer needed in Ireland, and was invited to repair to Whitehall, and to perform the functions of Lord Steward. He dutifully submitted, but did not affect to deny that the new arrangement wounded his feelings deeply. On the eve of his departure he gave a magnificent banquet at Kilmainham Hospital, then just completed, to the officers of the garrison of Dublin. After dinner he rose, filled a goblet to the brim with wine, and, holding it up, asked whether he had spilt one drop. "No, gentlemen; whatever the courtiers may say, I am not yet sunk into dotage. My hand does not fail me yet: and my hand is not steadier than my heart. To the health of King James!" Such was the last farewell of Ormond to Ireland. He left the administration in the hands of Lords Justices, and repaired to London, where he was received with unusual marks of public respect. Many persons of rank went forth to meet him on the road. A long train of eguipages followed him into Saint James's Square, where his mansion stood; and the Square was thronged by a multitude which greeted him with loud acclamations. 229

The Great Seal was left in Guildford's custody; but a marked indignity was at the same time offered to him. It was determined that another lawyer of more vigour and audacity should be called to assist in the administration. The person selected was Sir George Jeffreys, Chief Justice of the Court of King's Bench. The depravity of this man has passed into a proverb. Both the great English parties have attacked his memory with emulous violence: for the Whigs considered him as their most barbarous enemy; and the Tories found it convenient to throw on him the blame of all the crimes which had sullied their triumph. A diligent and candid enquiry will show that some frightful stories which have been told concerning him are false or exaggerated. Yet the dispassionate historian will be able to make very little deduction from the vast mass of infamy with which the memory of the wicked judge has been loaded.

He was a man of quick and vigorous parts, but constitutionally prone to insolence and to the angry passions. When just emerging from boyhood he had risen into practice at the Old Bailey bar, a bar where advocates have always used a license of tongue unknown in Westminster Hall. Here, during many years his chief business was to examine and crossexamine the most hardened miscreants of a great capital. Daily conflicts with prostitutes and thieves called out and exercised his powers so effectually that he became the most consummate bully ever known in his profession. Tenderness for others and respect for himself were feelings alike unknown to him. He acquired a boundless command of the rhetoric in which the vulgar express hatred and contempt. The profusion of maledictions and vituperative epithets which composed his vocabulary could hardly have been rivalled in the fishmarket or the beargarden. His countenance and his voice must always have been unamiable. But these natural advantages,—for such he seems to have thought them,—he had improved to such a degree that there were few who, in his paroxysms of rage, could see or hear him without emotion. Impudence and ferocity sate upon his brow. The glare of his eyes had a fascination for the unhappy victim on whom they were fixed. Yet his brow and his eye were less terrible than the savage lines of his mouth. His yell of fury, as was said by one who had often heard it, sounded like the thunder of the judgment day. These qualifications he carried, while still a young man, from the bar to the bench. He early became Common Serjeant, and then Recorder of London. As a judge at the City sessions he exhibited the same propensities which afterwards, in a higher post, gained for him an unenviable immortality. Already might be remarked in him the most odious vice which is incident to human nature, a delight in misery merely as misery. There was a fiendish exultation in the way in which he pronounced sentence on offenders. Their weeping and imploring seemed to titillate him voluptuously; and he loved to scare them into fits by dilating with luxuriant amplification on all the details of what they were to suffer. Thus, when he had an opportunity of ordering an unlucky adventuress to be whipped at the cart's tail, "Hangman," he would exclaim, "I charge you to pay particular attention to this lady! Scourge her soundly man! Scourge her till the blood runs down! It is Christmas, a cold time for Madam to strip in! See that you warm her shoulders thoroughly!" 230He was hardly less facetious when he passed judgment on poor Lodowick Muggleton, the drunken tailor who fancied himself a prophet. "Impudent rogue!" roared Jeffreys, "thou shalt have an easy, easy, easy punishment!" One part of this easy punishment was the pillory, in which the wretched fanatic was almost killed with brickbats. 231

By this time the heart of Jeffreys had been hardened to that temper which tyrants require in their worst implements. He had hitherto looked for professional advancement to the corporation of London. He had therefore professed himself a Roundhead, and had always appeared to be in a higher state of exhilaration when he explained to Popish priests that they were to be cut down alive, and were to see their own bowels burned, than when he passed ordinary sentences of death. But, as soon as he had got all that the city could give, he made haste to sell his forehead of brass and his tongue of venom to the Court. Chiffinch, who was accustomed to act as broker in infamous contracts of more than one kind, lent his aid. He had conducted many amorous and many political intrigues; but he assuredly never rendered a more scandalous service to his masters than when he introduced Jeffreys to Whitehall. The renegade soon found a patron in the obdurate and revengeful James, but was always regarded with scorn and disgust by Charles, whose faults, great as they were, had no affinity with insolence and cruelty. "That man," said the King, "has no learning, no sense, no manners, and more impudence than ten carted street-walkers." 232Work was to be done, however, which could be trusted to no man who reverenced law or was sensible of shame; and thus Jeffreys, at an age at which a barrister thinks himself fortunate if he is employed to conduct an important cause, was made Chief Justice of the King's Bench.

His enemies could not deny that he possessed some of the qualities of a great judge. His legal knowledge, indeed, was merely such as he had picked up in practice of no very high kind. But he had one of those happily constituted intellects which, across labyrinths of sophistry, and through masses of immaterial facts, go straight to the true point. Of his intellect, however, he seldom had the full use. Even in civil causes his malevolent and despotic temper perpetually disordered his judgment. To enter his court was to enter the den of a wild beast, which none could tame, and which was as likely to be roused to rage by caresses as by attacks. He frequently poured forth on plaintiffs and defendants, barristers and attorneys, witnesses and jurymen, torrents of frantic abuse, intermixed with oaths and curses. His looks and tones had inspired terror when he was merely a young advocate struggling into practice. Now that he was at the head of the most formidable tribunal in the realm, there were few indeed who did not tremble before him. Even when he was sober, his violence was sufficiently frightful. But in general his reason was overclouded and his evil passions stimulated by the fumes of intoxication. His evenings were ordinarily given to revelry. People who saw him only over his bottle would have supposed him to be a man gross indeed, sottish, and addicted to low company and low merriment, but social and goodhumoured. He was constantly surrounded on such occasions by buffoons selected, for the most part, from among the vilest pettifoggers who practiced before him. These men bantered and abused each other for his entertainment. He joined in their ribald talk, sang catches with them, and, when his head grew hot, hugged and kissed them in an ecstasy of drunken fondness. But though wine at first seemed to soften his heart, the effect a few hours later was very different. He often came to the judgment seat, having kept the court waiting long, and yet having but half slept off his debauch, his cheeks on fire, his eyes staring like those of a maniac. When he was in this state, his boon companions of the preceding night, if they were wise, kept out of his way: for the recollection of the familiarity to which he had admitted them inflamed his malignity; and he was sure to take every opportunity of overwhelming them with execration and invective. Not the least odious of his many odious peculiarities was the pleasure which he took in publicly browbeating and mortifying those whom, in his fits of maudlin tenderness, he had encouraged to presume on his favour.