The History of England, from the Accession of James II — Volume 2. Томас Бабингтон Маколей
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and might get much in the way of ransom. Gerard was tried, and, from the very scanty accounts which have come down to us, seems to have defended himself with great spirit and force. He boasted of the exertions and sacrifices made by his family in the cause of Charles the First, and proved Rumsey, the witness who had murdered Russell by telling one story and Cornish by telling another, to be utterly undeserving of credit. The jury, with some hesitation, found a verdict of Guilty. After long imprisonment Gerard was suffered to redeem himself. 38 Hampden had inherited the political opinions and a large share of the abilities of his grandfather, but had degenerated from the uprightness and the courage by which his grandfather had been distinguished. It appears that the prisoner was, with cruel cunning, long kept in an agony of suspense, in order that his family might be induced to pay largely for mercy. His spirit sank under the terrors of death. When brought to the bar of the Old Bailey he not only pleaded guilty, but disgraced the illustrious name which he bore by abject submissions and entreaties. He protested that he had not been privy to the design of assassination; but he owned that he had meditated rebellion, professed deep repentance for his offence, implored the intercession of the Judges, and vowed that, if the royal clemency were extended to him, his whole life should be passed in evincing his gratitude for such goodness. The Whigs were furious at his pusillanimity, and loudly declared him to be far more deserving of blame than Grey, who, even in turning King's evidence, had preserved a certain decorum. Hampden's life was spared; but his family paid several thousand pounds to the Chancellor. Some courtiers of less note succeeded in extorting smaller sums. The unhappy man had spirit enough to feel keenly the degradation to which he had stooped. He survived the day of his ignominy several years. He lived to see his party triumphant, to be once more an important member of it, to rise high in the state, and to make his persecutors tremble in their turn. But his prosperity was embittered by one insupportable recollection. He never regained his cheerfulness, and at length died by his own hand. 39
That Delamere, if he had needed the royal mercy, would have found it is not very probable. It is certain that every advantage which the letter of the law gave to the government was used against him without scruple or shame. He was in a different situation from that in which Stamford stood. The indictment against Stamford had been removed into the House of Lords during the session of Parliament, and therefore could not be prosecuted till the Parliament should reassemble. All the peers would then have voices, and would be judges as well of law as of fact. But the bill against Delamere was not found till after the prorogation. 40 He was therefore within the jurisdiction of the Court of the Lord High Steward. This court, to which belongs, during a recess of Parliament, the cognizance of treasons and felonies committed by temporal peers, was then so constituted that no prisoner charged with a political offence could expect an impartial trial. The King named a Lord High Steward. The Lord High Steward named, at his discretion, certain peers to sit on their accused brother. The number to be summoned was indefinite. No challenge was allowed. A simple majority, provided that it consisted of twelve, was sufficient to convict. The High Steward was sole judge of the law; and the Lords Triers formed merely a jury to pronounce on the question of fact. Jeffreys was appointed High Steward. He selected thirty Triers; and the selection was characteristic of the man and of the times. All the thirty were in politics vehemently opposed to the prisoner. Fifteen of them were colonels of regiments, and might be removed from their lucrative commands at the pleasure of the King. Among the remaining fifteen were the Lord Treasurer, the principal Secretary of State, the Steward of the Household, the Comptroller of the Household, the Captain of the Band of Gentlemen Pensioners, the Queen's Chamberlain, and other persons who were bound by strong ties of interest to the court. Nevertheless, Delamere had some great advantages over the humbler culprits who had been arraigned at the Old Bailey. There the jurymen, violent partisans, taken for a single day by courtly Sheriffs from the mass of society and speedily sent back to mingle with that mass, were under no restraint of shame, and being little accustomed to weigh evidence, followed without scruple the directions of the bench. But in the High Steward's Court every Trier was a man of some experience in grave affairs. Every Trier filled a considerable space in the public eye. Every Trier, beginning from the lowest, had to rise separately and to give in his verdict, on his honour, before a great concourse. That verdict, accompanied with his name, would go to every part of the world, and would live in history. Moreover, though the selected nobles were all Tories, and almost all placemen, many of them had begun to look with uneasiness on the King's proceedings, and to doubt whether the case of Delamere might not soon be their own.
Jeffreys conducted himself, as was his wont, insolently and unjustly. He had indeed an old grudge to stimulate his zeal. He had been Chief Justice of Chester when Delamere, then Mr. Booth, represented that county in Parliament. Booth had bitterly complained to the Commons that the dearest interests of his constituents were intrusted to a drunken jackpudding. 41 The revengeful judge was now not ashamed to resort to artifices which even in an advocate would have been culpable. He reminded the Lords Triers, in very significant language, that Delamere had, in Parliament, objected to the bill for attainting Monmouth, a fact which was not, and could not be, in evidence. But it was not in the power of Jeffreys to overawe a synod of peers as he had been in the habit of overawing common juries. The evidence for the crown would probably have been thought amply sufficient on the Western Circuit or at the City Sessions, but could not for a moment impose on such men as Rochester, Godolphin, and Churchill; nor were they, with all their faults, depraved enough to condemn a fellow creature to death against the plainest rules of justice. Grey, Wade, and Goodenough were produced, but could only repeat what they had heard said by Monmouth and by Wildman's emissaries. The principal witness for the prosecution, a miscreant named Saxton, who had been concerned in the rebellion, and was now labouring to earn his pardon by swearing against all who were obnoxious to the government, who proved by overwhelming evidence to have told a series of falsehoods. All the Triers, from Churchill who, as junior baron, spoke first, up to the Treasurer, pronounced, on their honour, that Delamere was not guilty. The gravity and pomp of the whole proceeding made a deep impression even on the Nuncio, accustomed as he was to the ceremonies of Rome, ceremonies which, in solemnity and splendour, exceed all that the rest of the world can show. 42 The King, who was present, and was unable to complain of a decision evidently just, went into a rage with Saxton, and vowed that the wretch should first be pilloried before Westminster Hall for perjury, and then sent down to the West to be hanged, drawn, and quartered for treason. 43
The public joy at the acquittal of Delamere was great. The reign of terror was over. The innocent began to breathe freely, and false accusers to tremble. One letter written on this occasion is scarcely to be read without tears. The widow of Russell, in her retirement, learned the good news with mingled feelings. "I do bless God," she wrote, "that he has caused some stop to be put to the shedding of blood in this poor land. Yet when I should rejoice with them that do rejoice, I seek a corner to weep in. I find I am capable of no more gladness; but every new circumstance, the very comparing my night of sorrow after such a day, with theirs of joy, does, from a reflection of one kind or another, rack my uneasy mind. Though I am far from wishing the close of theirs like mine, yet I cannot refrain giving some time to lament mine was not like theirs." 44
And now the tide was on the turn. The death of Stafford, witnessed with signs of tenderness and remorse by the populace to whose rage he was sacrificed, marks the close of one proscription. The acquittal of Delamere marks the close of another. The crimes which had disgraced the stormy tribuneship of Shaftesbury had been fearfully expiated. The blood of innocent Papists had been avenged more than tenfold by the blood of zealous Protestants. Another great reaction had commenced. Factions were fast taking new forms. Old allies were separating. Old enemies were uniting. Discontent was spreading fast through all the ranks of the party lately dominant. A hope, still indeed faint and indefinite, of victory and revenge, animated the party which had lately seemed to be extinct. Amidst such circumstances the eventful and troubled year 1685 terminated, and the year 1686 began.
The prorogation had relieved the King from the gentle remonstrances of the Houses: but he had still