Once he was roused from a state of abject despondency by an agreeable sensation, speedily followed by a mortifying disappointment. A parcel had been left for him at the Tower. It appeared to be a barrel of Colchester oysters, his favourite dainties. He was greatly moved: for there are moments when those who least deserve affection are pleased to think that they inspire it. "Thank God," he exclaimed, "I have still some friends left." He opened the barrel; and from among a heap of shells out tumbled a stout halter, [412]
It does not appear that one of the flatterers or buffoons whom he had enriched out of the plunder of his victims came to comfort him in the day of trouble. But he was not left in utter solitude. John Tutchin, whom he had sentenced to be flogged every fortnight for seven years, made his way into the Tower, and presented himself before the fallen oppressor. Poor Jeffreys, humbled to the dust, behaved with abject civility, and called for wine. "I am glad, sir," he said, "to see you." "And I am glad," answered the resentful Whig, "to see Your Lordship in this place." "I served my master," said Jeffreys: "I was bound in conscience to do so." "Where was your conscience," said Tutchin, "when you passed that sentence on me at Dorchester?" "It was set down in my instructions," answered Jeffreys, fawningly, "that I was to show no mercy to men like you, men of parts and courage. When I went back to court I was reprimanded for my lenity." [413] Even Tutchin, acrimonious as was his nature, and great as were his wrongs, seems to have been a little mollified by the pitiable spectacle which he had at first contemplated with vindictive pleasure. He always denied the truth of the report that he was the person who sent the Colchester barrel to the Tower.
A more benevolent man, John Sharp, the excellent Dean of Norwich, forced himself to visit the prisoner. It was a painful task: but Sharp had been treated by Jeffreys, in old times, as kindly as it was in the nature of Jeffreys to treat any body, and had once or twice been able, by patiently waiting till the storm of curses and invectives had spent itself, and by dexterously seizing the moment of good humour, to obtain for unhappy families some mitigation of their sufferings. The prisoner was surprised and pleased. "What," he said, "dare you own me now?" It was in vain, however, that the amiable divine tried to give salutary pain to that seared conscience. Jeffreys, instead of acknowledging his guilt, exclaimed vehemently against the injustice of mankind. "People call me a murderer for doing what at the time was applauded by some who are now high in public favour. They call me a drunkard because I take punch to relieve me in my agony." He would not admit that, as President of the High Commission, he had done any thing that deserved reproach. His colleagues, he said, were the real criminals; and now they threw all the blame on him. He spoke with peculiar asperity of Sprat, who had undoubtedly been the most humane and moderate member of the board.
It soon became clear that the wicked judge was fast sinking under the weight of bodily and mental suffering. Doctor John Scott, prebendary of Saint Paul's, a clergyman of great sanctity, and author of the Christian Life, a treatise once widely renowned, was summoned, probably on the recommendation of his intimate friend Sharp, to the bedside of the dying man. It was in vain, however, that Scott spoke, as Sharp had already spoken, of the hideous butcheries of Dorchester and Taunton. To the last Jeffreys continued to repeat that those who thought him cruel did not know what his orders were, that he deserved praise instead of blame, and that his clemency had drawn on him the extreme displeasure of his master, [414]
Disease, assisted by strong drink and by misery, did its work fast. The patient's stomach rejected all nourishment. He dwindled in a few weeks from a portly and even corpulent man to a skeleton. On the eighteenth of April he died, in the forty-first year of his age. He had been Chief Justice of the King's Bench at thirty-five, and Lord Chancellor at thirty-seven. In the whole history of the English bar there is no other instance of so rapid an elevation, or of so terrible a fall. The emaciated corpse was laid, with all privacy, next to the corpse of Monmouth in the chapel of the Tower, [415]
The fall of this man, once so great and so much dreaded, the horror with which he was regarded by all the respectable members of his own party, the manner in which the least respectable members of that party renounced fellowship with him in his distress, and threw on him the whole blame of crimes which they had encouraged him to commit, ought to have been a lesson to those intemperate friends of liberty who were clamouring for a new proscription. But it was a lesson which too many of them disregarded. The King had, at the very commencement of his reign, displeased them by appointing a few Tories and Trimmers to high offices; and the discontent excited by these appointments had been inflamed by his attempt to obtain a general amnesty for the vanquished. He was in truth not a man to be popular with the vindictive zealots of any faction. For among his peculiarities was a certain ungracious humanity which rarely conciliated his foes, which often provoked his adherents, but in which he doggedly persisted, without troubling himself either about the thanklessness of those whom he had saved from destruction, or about the rage of those whom he had disappointed of their revenge. Some of the Whigs now spoke of him as bitterly as they had ever spoken of either of his uncles. He was a Stuart after all, and was not a Stuart for nothing. Like the rest of the race, he loved arbitrary power. In Holland, he had succeeded in making himself, under the forms of a republican polity, scarcely less absolute than the old hereditary Counts had been. In consequence of a strange combination of circumstances, his interest had, during a short time, coincided with the interest of the English people: but though he had been a deliverer by accident, he was a despot by nature. He had no sympathy with the just resentments of the Whigs. He had objects in view which the Whigs would not willingly suffer any Sovereign to attain. He knew that the Tories were the only tools for his purpose. He had therefore, from the moment at which he took his seat on the throne, favoured them unduly. He was now trying to procure an indemnity for those very delinquents whom he had, a few months before, described in his Declaration as deserving of exemplary punishment. In November he had told the world that the crimes in which these men had borne a part had made it the duty of subjects to violate their oath of allegiance, of soldiers to desert their standards, of children to make war on their parents. With what consistency then could he recommend that such crimes should be covered by a general oblivion? And was there not too much reason to fear that he wished to save the agents of tyranny from the fate which they merited, in the hope that, at some future time, they might serve him as unscrupulously as they had served his father in law? [416]
Of the members of the House of Commons who were animated by these feelings, the fiercest and most audacious was Howe. He went so far on one occasion as to move that an inquiry should be instituted into the proceedings of the Parliament of 1685, and that some note of infamy should be put on all who, in that Parliament, had voted with the Court. This absurd and mischievous motion was discountenanced by all the most respectable Whigs, and strongly opposed by Birch and Maynard, [417] Howe was forced to give way: but he was a man whom no check could abash; and he was encouraged by the applause of many hotheaded members of his party, who were far from foreseeing that he would, after having been the most rancorous and unprincipled of Whigs, become, at no distant time, the most rancorous and unprincipled of Tories.
This quickwitted, restless and malignant politician, though himself occupying a lucrative place in the royal household, declaimed, day after day, against the manner in which the great offices of state were filled; and his declamations were echoed, in tones somewhat less sharp and vehement, by other orators. No man, they said, who had been a minister of Charles or of James ought to be a minister of William. The first attack was directed against the Lord President Caermarthen. Howe moved that an address should be presented to the King, requesting that all persons who had ever been impeached by the Commons might be dismissed from His Majesty's counsels and presence. The debate on this motion was repeatedly adjourned. While the event was doubtful, William sent Dykvelt to expostulate with Howe. Howe was obdurate. He was what is vulgarly called a disinterested man; that is to say, he valued money less than the pleasure of venting his spleen and of making a sensation. "I am doing the King a service," he said: "I am rescuing him from false friends: and, as to my place, that shall never be a gag to prevent me from speaking my mind." The motion was made, but completely failed. In truth the proposition, that mere accusation, never prosecuted to conviction, ought to be considered as a decisive proof of guilt, was shocking to natural justice. The faults of Caermarthen had doubtless been great; but they had been exaggerated by party spirit, had been expiated by severe suffering, and had been redeemed by recent and eminent services. At the time when he raised the great county of York in arms against Popery and tyranny, he had been assured by some of the most eminent Whigs that all old quarrels were forgotten. Howe indeed maintained that the civilities which had passed in the moment of peril signified nothing. "When a viper is on my hand," he said, "I am very tender of him; but, as soon as I have him on the ground, I set my foot on him and crush him." The Lord President, however, was so strongly supported that, after a discussion which lasted three days, his enemies did not venture to take the sense of the House on the motion against him. In the course of the debate a grave constitutional question was incidentally raised. This question was whether a pardon could be pleaded in bar of a parliamentary impeachment. The Commons resolved, without a division, that a pardon could not be so pleaded, [418]
The next attack was made on Halifax. He was in a much more invidious position than Caermarthen, who had, under pretence of ill health, withdrawn himself almost entirely from business. Halifax was generally regarded as the chief adviser of the Crown, and was in an especial manner held responsible for all the faults which had been committed with respect to Ireland. The evils which had brought that kingdom to ruin might, it was said, have been averted by timely precaution, or remedied by vigorous exertion. But the government had foreseen nothing: it had done little; and that little had been done neither at the right time nor in the right way. Negotiation had been employed instead of troops, when a few troops might have sufficed. A few troops had been sent when many were needed. The troops that had been sent had been ill equipped and ill commanded. Such, the vehement Whigs exclaimed, were the natural fruits of that great error which King William had committed on the first day of his reign. He had placed in Tories and Trimmers a confidence which they did not deserve. He had, in a peculiar manner, entrusted the direction of Irish affairs to the Trimmer of Trimmers, to a man whose ability nobody disputed, but who was not firmly attached to the new government, who, indeed, was incapable of being firmly attached to any government, who had always halted between two opinions, and who, till the moment of the flight of James, had not given up the hope that the discontents of the nation might be quieted without a change of dynasty. Howe, on twenty occasions, designated Halifax as the cause of all the calamities of the country. Monmouth held similar language in the House of Lords. Though First Lord of the Treasury, he paid no attention to financial business, for which he was altogether unfit, and of which he had very soon become weary. His whole heart was in the work of persecuting the Tories. He plainly told the King that nobody who was not a Whig ought to be employed in the public service. William's answer was cool and determined. "I have done as much for your friends as I can do without danger to the state; and I will do no more," [419] The only effect of this reprimand was to make Monmouth more factious than ever. Against Halifax especially he intrigued and harangued with indefatigable animosity. The other Whig Lords of the Treasury, Delamere and Capel, were scarcely less eager to drive the Lord Privy Seal from office; and personal jealousy and antipathy impelled the Lord President to conspire with his own accusers against his rival.
What foundation there may have been for the imputations thrown at this time on Halifax cannot now be fully ascertained. His enemies, though they interrogated numerous witnesses, and though they obtained William's reluctant permission to inspect the minutes of the Privy Council, could find no evidence which would support a definite charge, [420] But it was undeniable that the Lord Privy Seal had acted as minister for Ireland, and that Ireland was all but lost. It is unnecessary, and indeed absurd, to suppose, as many Whigs supposed, that his administration was unsuccessful because he did not wish it to be successful. The truth seems to be that the difficulties of the situation were great, and that he, with all his ingenuity and eloquence, was ill qualified to cope with those difficulties. The whole machinery of government was out of joint; and he was not the man to set it right. What was wanted was not what he had in large measure, wit, taste, amplitude of comprehension, subtlety in drawing distinctions; but what he had not, prompt decision, indefatigable energy, and stubborn resolution. His mind was at best of too soft a temper for such work as he had now to do, and had been recently made softer by severe affliction. He had lost two sons in less than twelve months. A letter is still extant, in which he at this time complained to his honoured friend Lady Russell of the desolation of his hearth and of the cruel ingratitude of the Whigs. We possess, also, the answer, in which she gently exhorted him to seek for consolation where she had found it under trials not less severe than his, [421]