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CHAP.
V.

The
Bloody
Assizes.

return, he would adjourn the court and lock them up all night. Thus put to the torture, they came, but came to say that they doubted whether the charge had been made out. Jeffreys expostulated with them vehemently, and, after another consultation, they gave a reluctant verdict of Guilty.

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

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

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

Trial of Alice Lisle in the Collection of State Trials; Act of the First of William and Mary for annulling and making void the Attainder of Alice

Lisle, widow; Burnet, i. 649.; Caveat
against the Whigs.
† Bloody Assizes.

ninety-two received sentence of death. The whole number CHAP, hanged in Dorsetshire amounted to seventy-four.

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

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V.

CHAP.
V.

chains at his park gate.* In such spectacles originated many tales of terror, which were long told over the cider by the Christmas fires of the farmers of Somersetshire. Within the last forty years, peasants, in some districts, well knew the accursed spots, and passed them unwillingly after sunset.†

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

Such havoc must have excited disgust even if the sufferers had been generally odious. But they were, for the most part, men of blameless life, and of high religious profession. They were regarded by themselves, and by a large proportion of their neighbours, not as wrongdoers, but as martyrs who sealed with blood the truth of the Protestant religion. Very few of the convicts professed any repentance for what they had done. Many, animated by the old Puritan spirit, met death, not merely with fortitude, but with exultation. It was in vain that the ministers of the Established Church lectured them on the guilt of rebellion and on the importance of priestly absolution. The claim of the King to unbounded authority in things temporal, and the claim of the clergy to the spiritual power of binding and loosing, moved the bitter scorn of the intrepid sectaries. Some of them composed hymns in the dungeon, and chaunted them on the fatal sledge. Christ, they sang while they were undressing for the butchery, would soon come to rescue Zion and to make war on Babylon,

* Locke's Western Rebellion.

This I can attest from my own childish recollections.

Lord Lonsdale says seven hundred; Burnet six hundred. I have followed the list which the Judges sent to the

Treasury, and which may still be seen there in the letter book of 1685. See the Bloody Assizes; Locke's Western Rebellion; the Panegyric on Lord Jef freys; Burnet, i. 648.; Eachard, m 775.; Oldmixon, 705.

would set up his standard, would blow his trumpet, and would requite his foes tenfold for all the evil which had been inflicted on his servants. The dying words of these men were noted down their farewell letters were kept as treasures; and, in this way, with the help of some invention and exaggeration, was formed a copious supplement to the Marian martyrology.*

:

CHAP.

V.

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

tiscombe.

Not less courageously died Christopher Battiscombe, a young ChristoTemplar of good family and fortune, who, at Dorchester, an pher Batagreeable provincial town proud of its taste and refinement, was regarded by all as the model of a fine gentleman. Great interest was made to save him. It was believed through the West of England that he was engaged to a young lady of gentle blood, the sister of the Sheriff, that she threw herself at the feet of Jeffreys to beg for mercy, and that Jeffreys drove her from him with a jest so hideous that to repeat it

* Some of the prayers, exhortations, and hymns of the sufferers will be found in the Bloody Assizes.

+ Bloody Assizes; Locke's Western Rebellion; Lord Lonsdale's Memoirs;

Account of the Battle of Sedgemoor in
the Hardwicke Papers. The story in
the Life of James the Second, ii. 43., is
not taken from the King's manuscripts,
and sufficiently refutes itself.

CHAP.

V.

The Hewlings.

would be an offence against decency and humanity. Her
lover suffered at Lyme piously and courageously.

*

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

Yet those rebels who were doomed to death were less to be pitied than some of the survivors. Several prisoners to whom Jeffreys was unable to bring home the charge of high treason

Bloody Assizes; Locke's Western
Rebellion; Humble Petition of Widows
and Fatherless Children in the West of
England; Panegyric on Lord Jeffreys.

As to the Hewlings, I have followed
Kiffin's Memoirs, and Mr. Hewling Lu-
son's narrative, which will be found in
the second edition of the Hughes Cor-

respondence, vol. ii. Appendix. The
accounts in Locke's Western Rebellion
and in the Panegyric on Jeffreys are
full of errors. Great part of the account
in the Bloody Assizes was written by
Kiffin, and agrees word for word with
his Memoirs.

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