Part 7

This, to conclude, is the summary character of the Lord Chief Justice Jeffreys and needs no interpreter. And since nothing historical is amiss in a design like this, I will subjoin what I have personally noted of that man; and some things of indubitable report concerning him. His friendships and conversation lay among the good fellows and humorists; and his delights were accordingly, drinking, laughing, singing, kissing, and all the extravagances of the bottle. He had a set of banterers, for the most part, near him; as in old time men kept fools to make them merry. And these fellows abusing one another and their betters, were a regale to him. And no friendship or dearness could be so great in private which he would not use ill, and to an extravagant degree, in publick. No one that had any expectations from him was safe from his public contempt and derision which some of his minions at the bar bitterly felt. Those above or that could hurt or benefit him, and none else, might depend on fair quarter at his hands. When he was in temper and matters indifferent came before him, he became his seat of justice better than any other I ever saw in his place. He took a pleasure in mortifying fraudulent attorneys and would deal forth his severities with a sort of majesty. He had extraordinary natural abilities, but little acquired beyond that practice in affairs had supplied. He talked fluently and with spirit; and his weakness was that he could not reprehend without scolding; and in such Billingsgate language as should not come out of the mouth of any man. He called it "giving a lick with the rough side of his tongue." It was ordinary to hear him say, "Go, you are a filthy, lousy, nitty rascal;" with much more of like elegance. Scarce a day passed that he did not chide some one or other of the bar when he sat in the Chancery: and it was commonly a lecture of a quarter of an hour long. And they used to say, "This is yours; my turn will be to-morrow." He seemed to lay nothing of his business to heart nor care what he did or left undone; and spent in the Chancery court what time he thought fit to spare. Many times on days of causes at his house, the company have waited five hours in a morning, and after eleven, he hath come out inflamed and staring like one distracted. And that visage he put on when he animadverted on such as he took offence at, which made him a terror to real offenders; whom also he terrified, with his face and voice, as if the thunder of the day of judgement broke over their heads; and nothing ever made men tremble like his vocal inflictions. He loved to insult and was bold without check; but that only when his place was uppermost. To give an instance. A city attorney was petitioned against for some abuse; and affidavit was made that when he was told of my lord chancellor, "My lord chancellor," said he, "I made him;" meaning his being a means to bring him early into city business. When this affidavit was read, "Well," said the lord chancellor, "then I will lay my maker by the heels." And with that conceit one of his best old friends went to jail. One of these intemperances was fatal to him. There was a scrivener of Wapping brought to hearing for relief against a bummery bond[20]; the contingency of losing all being showed, the bill was going to be dismissed. But one of the plaintiff's counsel said that he was a strange fellow, and sometimes went to church, sometimes to conventicles; and none could tell what to make of him; and "it was thought he was a trimmer." At that the chancellor fired; and "A trimmer!" said he; "I have heard much of that monster, but never saw one. Come forth Mr. Trimmer, turn you round and let us see your shape:" and at that rate talked so long that the poor fellow was ready to drop under him; but at last, the bill was dismissed with costs, and he went his way. In the hall, one of his friends asked him how he came off? "Came off," said he, "I am escaped from the terrors of that man's face which I would scarce undergo again to save my life; and I shall certainly have the frightful impression of it as long as I live." Afterwards when the Prince of Orange came, and all was in confusion, this lord chancellor, being very obnoxious, disguised himself in order to go beyond sea. He was in a seaman's garb and drinking a pot in a cellar. This scrivener came into the cellar after some of his clients; and his eye caught that face which made him start; and the chancellor, seeing himself eyed, feigned a cough and turned to the wall with his pot in his hand. But Mr. Trimmer went out and gave notice that he was there; whereupon the mob flowed in and he was in extreme hazard of his life; but the lord mayor saved him and lost himself. For the chancellor being hurried with such crowd and noise before him, and so dismally not only disguised but disordered; and there having been an amity betwixt them, as also a veneration on the lord mayor's part, he had not spirits to sustain the shock but fell down in a swoon; and, in not many hours after, died. But this Lord Jeffries came to the seal without any concern at the weight of duty incumbent upon him; for at the first being merry over a bottle with some of his old friends, one of them told him that he would find the business heavy. "No," said he, "I'll make it light." But, to conclude with a strange inconsistency, he would drink and be merry, kiss and slaver, with these bon companions over night, as the way of such is, and the next day fall upon them ranting and scolding with a virulence insufferable.

[20] A mortgage on a ship.

THE TRIAL OF THE SEVEN BISHOPS (1688).

+Source.+--Bishop Kennet's _Complete History_, vol. iii., pp. 484-486. 1706 edition.

On June 15, came on the Bishop's Tryal, the most Important, perhaps, that was ever known before in Westminster-Hall; not only Seven Prelates Contending for the Rights of the _Anglican_ Church, but Seven Peers of the Realm Standing up for the Liberties of England. The Court of King's-Bench being Sat, His Majesty's Attorney-General mov'd for a _Habeas Corpus_, directed to Sir _Edward Hales_ Lieutenant of the _Tower_, to bring up His Grace the Lord Arch-Bishop of _Canterbury_, and the Six Bishops; which was granted, and the Prisoners were accordingly brought up by Water. At their Landing, they were receiv'd by several Divines, and Persons of Quality, and by a vast Concourse of People, who with repeated acclamations uttered wishes for their Deliverance. On the Bench sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice Holloway, two of the King's Creatures; Mr. Justice _Powell_ a Protestant of great Integrity, and Mr. Justice Allibone a profess'd Papist. The Councel for the King, was Sir _Thomas Powis_ Attorney-General, Sir William Williams Solicitor-General, Sir _Bartholomew Shower_ Recorder of _London_, Serjeant _Trinder_ a Papist, etc. And for the Prisoners, Sir _Robert Sawyer_, Mr. _Finch_, Mr. _Pollexfen_, Sir _George Treby_, Serjeant _Pemberton_, Serjeant _Levinz_, and the last and greatest, Mr. _Somers_. The Court was extremely fill'd, and with Persons of the Highest Quality, as if they interpos'd in the last Tryal for the Liberties of the Church and Nation; The Marquesses of _Hallifax_ and _Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Dorset_, _Bullingbrooke_, _Manchester_, _Burlington_, _Carlisle_, _Danby_, _Radnor_ and _Nottingham_; Viscount _Falconberg_, and the Lords Grey of _Ruthyn_, _Paget_, _Shandois_, _Vaughan_, and _Carberry_. The Return and Warrant being read, the Attorney-General mov'd, That the Information might be read to the Prisoners, and that they might immediately Plead to it. This Motion the Bishops' Councel opposed; Objecting, First, that the Prisoners were Committed by the Lord Chancellor, and some other of the Privy Council, without expressing the Warrant, That it was by Order of the Privy-Council; and therefore, That the Commitment was Illegal, and that the Prisoners were not Legally in Court. And, Secondly, That the Fact for which they were Committed was such, as they ought not to have been Imprison'd for; because a Peer ought not to be Committed, in the first Instance, for a Misdemeanor. Judge _Powel_ refused to deliver his Opinion, before he had consulted Books: But the Lord Chief-Justice, Judge _Allibone_ and Judge _Holloway_ Agreed, That the Fact charg'd in the Warrant, was such a Misdemeanor, as was a Breach of the Peace; and therefore, That the Information ought to be read, and the Bishops must Plead to it. After the reading of the Information, the Bishops' Councel desir'd that they might have an Imparlance till the next Term, to consider what they had to Plead. Sir Samuel _Astry_, Clerk of the Crown, being ask'd what was the Course of the Court? Answer'd, that of late Years, if a Man appear'd upon a Recognizance, or was a Person in Custody, he ought to Plead at the first Instance; but that he had known it to be at the Discretion of the Court to grant what Line they pleas'd. After this Answer, the Lord Chief-Justice declar'd, That the Bishops should now Plead to the Information. Thereupon the Lord Arch-Bishop of _Canterbury_ offer'd a Plea in behalf of himself and his Brethren the other Defendants, alledging, _That they were Peers of this Kingdom of_ ENGLAND, _and Lords of Parliament, and ought not to be compell'd to Answer instantly, for the Misdemeanour mentioned in the Information; but that they ought to be requir'd to Appear by due Process of Law; and upon their Appearance, to have a Copy of the said Information, and reasonable Time given them to Imparle thereupon_. The King's Councel labour'd hard to have the Plea rejected. After a long Debate, Judge _Powel_ said, He was for receiving the Plea, and Considering of it; but the rest of the Judges declar'd for Rejecting of it: So the Prisoners at last Pleaded, _Not Guilty_. The King's Councel pray'd, the Clerk might join Issue on behalf of the King; and desir'd the Defendants to take Notice, That they intended to Try this Cause on that Day Fortnight; adding That they were Bailable, if they pleas'd. Sir _Robert Sawyer_ desir'd, that their own Recognizance might be taken; which was readily granted.

On _June 29_ the Bishops Appear'd before the Court of _King's Bench_, according to their Recognizance, the Appearance being still greater than a Fortnight before; for there were now present the Marquesses of _Halifax_, and _Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Pembroke_, _Dorset_, _Bullenbrooke_, _Manchester_, _Rivers_, _Stamford_, _Carnarven_, _Chesterfield_, _Scarsdale_, _Clarendon_, _Danby_, _Sussex_, _Radnor_, _Nottingham_ and _Abington_, Viscount _Falconberg_, and the Lords _Newport_, _Grey_ of _Ruthyn_, _Paget_, _Shandois_, _Vaughan_, _Carberry_, _Lumley_, _Carteret_ and _Ossulston_. This splendid Appearance was chiefly owing to the indefatigable Care and Solicitation of the Clergy, and especially of the Reverend Dr. _Tennison_. And indeed, the making such a Figure in the Court, had possibly some good Effect upon the Jury, if not upon the Bench: And it was afterwards observ'd by way of Jesting upon Words _That the Bishops were Deliver'd by the_ Nobilee _before, and the_ Mobilee _behind_. The Information being Read, and Open'd to the Jury; the Attorney-General, to take off the Odium of this Prosecution, and in some measure to pacify the People, who could not forbear showing their Resentments, even in the face of the Court, began with Observing, First, That the Bishops were not Prosecuted as Bishops, much less for any Point or Matter of Religion, but as Subjects of this Kingdom, and only for a Temporal Crime, as having censur'd and Affronted the King to his very Face. Secondly, That they were not Prosecuted for Omitting to do any thing; but as they were Actors in Accusing, and, in effect, of Arraigning His Majesty, and his Government &c. A great deal of Time was spent in Proving, that the Petition produc'd in Court, was the Hand writing of the Arch-Bishop of _Canterbury_; That it was Signed by him and the Six Bishops; And that it was the same which was Presented to His Majesty. After an Elaborate Proof of these Particulars, by the Depositions of Sir _John Nicholas_ ... and by the Earl of _Sunderland_, who in Court affirm'd, That he Introduced the Bishops, and was in the Room when they deliver'd the said _Petition_ to His Majesty. The Fact being Prov'd, the Bishop's Councel were very Learned and Eloquent in Defence of their Clients: Mr. _Somers_ spoke last, and mention'd the great Case of _Thomas_ and _Sorrel_ in the _Exchequer-Chamber_, upon the Validity of a _Dispensation_; urging, That there it was the Opinion of every one of the Judges, That there never could be an Abrogation, or a Suspension (which is a Temporary Abrogation) of an Act of Parliament, but by the Legislative Power: That indeed it was Disputed, how far the King might Dispense with the Penalties in such a particular Law, as to particular Persons; but it was Agreed by all, That the King had no Power to Suspend any Law: That by the Law of all Civiliz'd Nations, If the Prince does require something to be done, which the Person who is to do it takes to be Unlawful; it is not only Lawful, but his Duty, _Rescribere Principi_; which is all the Bishops had done here, and that in the most humble manner: That as to Matters of Fact alleg'd in the said _Petition_, there cou'd be no Design to Diminish the Prerogative, because the King had no such Prerogative: That the _Petition_ cou'd not be Seditious, because it was Presented to the King in Private, and Alone; Nor False, because the Matter of it was True; Nor Malicious, for the Occasion was not sought, the Thing was press'd upon them; Nor, in short, a Libel, because the Intent was Innocent, and they kept within the Bounds set by the Act of Parliament, that gives the Subject leave to apply to his Prince by Petition, when he is aggriev'd.

When the Councel on both sides had done, Chief-Justice _Wright_ summ'd up the Evidence, and told the Jury, That Sometimes the _Dispensing Power_ had been allow'd, as in Richard IId's time, and sometimes deny'd; but that it was a Question out of the present Case; If they believ'd the Petition to be the same that was Presented by the Bishops to the King, then the Publication was sufficiently Prov'd: And whatever tended to Disturb the Government, or make a Stir among the People, was certainly within the Name of _Libellus Famosus_; and his opinion, in short, was, That the Bishops _Petition_ was a _Libel_.

Mr. Justice _Holloway_ declar'd, That the End and Intention of every Action was to be Consider'd: That the Bishops were Charg'd with Delivering a _Petition_ which, according to their Defence, was done with all the Humility and Decency imaginable: That the Delivering of a _Petition_ could be no fault, it being the right of every Subject to _Petition_: Therefore, if the Jury were satisfy'd, They did it with no Ill Intention, but only to shew the Reasons for their Disobedience to the King's Command, he cou'd not think it to be a _Libel_.

Mr. Justice _Powel_ more plainly declar'd, That He could discern no Sedition or any other Crime fixed upon the Bishops, since there was nothing offer'd by the King's Councel to render the _Petition_ False, Seditious or Malicious. He admonish'd the Jury to Consider that the Contents of the _Petition_ were, That the Bishops Apprehended the _Declaration to be Illegal, as being founded upon a_ Dispensing Power _claim'd by the King_; and that for his Part he did not remember in any Case in all the Law, that there was any such Power in the King, and if not, the _Petition_ could not be a Libel. He concluded with telling them, That he could see no Difference between the King's Power to _Dispense_ with the Laws Ecclesiastical, and his Power to Dispense with any Laws whatsoever: That if this was once allow'd of, there would be no need of Parliaments, and all the Legislature would be in the King, and so he left the Issue to God and their Consciences.

Mr. Justice _Allibone_ was prepossess'd against Protestant Bishops, and to deliver his Opinion of their Guilt, he laid down Two odd Positions; 1. That no Man can take upon him to Write against the Actual Exercise of the Government, unless he have Leave from the Government, but he makes a Libel by what he Writes, whether True or False. 2. That no private Man can take upon him to Write concerning the Government; and therefore if he intrudes himself into the Affairs of the Publick, he is a Libeller for so doing. These Positions he back'd by a Resolution of the Judges of King James 1st's Time; _That to frame a_ Petition _to the King to put the Penal Laws in Execution, was next Door to Treason_; which is a gross Misquotation, instead of a Petition _against the Penal Laws_, and for which, being taken up by Justice _Powel_ and Serjeant _Pemberton_, little Heed was given to any thing he said afterwards. Whereupon the Jury withdrew, sat up all Night, and next Morning brought in the Reverend Prelates, _Not Guilty_.

There were immediately very Loud Acclamations thro' _Westminster_-Hall, and the Words _Not Guilty_, _Not Guilty_, went round with such Shouts and Huzza's, that the King's Sollicitor mov'd very earnestly that such as had shouted in the Court might be Committed; whereupon a Gentleman of _Grey's-Inn_ was laid hold on, but soon discharged with this short Reproof from the Chief-Justice; "_Sir, I am as glad as you can be that Lords the Bishops are Acquitted but ... you might Rejoice in your Chamber ... and not here_."

THE INVITATION TO THE PRINCE OF ORANGE (1688).

+Source.+--Mackintosh: _History of the Revolution in England, in 1688_. London, 1834. Appendix III., p. 691. (Reprinted from MS. in British Museum.)

We have great satisfaction to find, by 35, and since, by Mons. Zuylistein, that your Highness is so ready and willing to give us such assistance as they have related to us. We have great reason to believe we shall be every day in a worse condition than we are, and less able to defend ourselves, and, therefore, we do earnestly wish we might be so happy as to find a remedy before it be too late for us to contribute to our own deliverance; but, although these be our wishes, yet we will by no means put your Highness into any expectations which may misguide your own councils in this matter; so that the best advice we can give is, to inform your Highness truly both of the state of things here at this time, and of the difficulties which appear to us. As to the first, the people are so generally dissatisfied with the present conduct of the government in relation to their religion, liberties, and properties (all which have been greatly invaded); and they are in such expectations of their prospects being daily worse, that your Highness may be assured there are nineteen parts of twenty of the people throughout the kingdom who are desirous of a change; and who, we believe, would willingly contribute to it, if they had such a protection to countenance their rising, as would secure them from being destroyed, before they could get to be in a posture able to defend themselves: it is no less certain, that much the greatest part of the nobility and gentry are as much dissatisfied, although it be not safe to speak to many of them beforehand; and there is no doubt but that some of the most considerable of them would venture themselves with your Highness at your first landing, whose interest would be able to draw great numbers to them, whenever they could protect them, and the raising and drawing men together; and, if such a strength could be landed as were able to defend itself and them, till they could be got together into some order, we make no question but that strength would be quickly increased to a number double to the army here, although their army should remain firm to them; whereas we do, upon very good grounds, believe, that their army then would be very much divided among themselves; many of the officers being so discontented, that they continue in their service only for a subsistence (besides that some of their minds are known already): and very many of the common soldiers do daily show such an aversion to the Popish religion, that there is the greater probability imaginable of great numbers of deserters which would come from them, should there be such an occasion; and amongst the seamen, it is almost certain that there is not one in ten who would do them any service in such a war. Besides all this, we do much doubt whether this present state of things will not yet be much changed to the worse, before another year, by a great alteration, which will probably be made both in the officers and soldiers of the army, and by such other changes as are not only to be expected from a packed parliament, but what the meeting of any parliament, in our present circumstances, may produce against those who will be looked upon as principal obstructers of their proceedings there; it being taken for granted, that, if things cannot then be carried to their wishes in a parliamentary way, other measures will be put in execution by more violent means; and, although such proceedings will then heighten the discontent, yet such courses will, probably, be taken at that time, as will prevent all possible means of relieving ourselves.