The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-09

Before leaving the Bloody AssILeS
our author recalls one or we facts hat
ought to be considered. There is in the
first place no doubt that the Government
was vastly strengthened in public asthma
ton by the suppression Of Monmouth's
Rebellion. To all sensible men il had APP
peared AZ the vain and unworthy adventure
OF a weak mar led on 10 hia doom by n
set ot mischievous fanatics. The Church
Of England viewed tho uprising with bitter
hostility and publicly rejOioed in its de
struction; Anglicans called it the Dissent
ing Rebellion and warmly supported
the civil authorities in taking severe meas
ures against tho NOnconformists. Mr..
Irving submits that il the book called The
Bloody Assizes" is TO be as unquestion-
ingly believed as it has been hitherto by
distinguished historians the parsons were
no whit better, in fact rather worse, than
Jeffreys and should have been included
In their indignant censure. The greatest
prosecutors and insulters of these poor
people" writes the author of the Martyr
ologies," were the country parsons
One OF them, when he heard some con-
demned persons in prayer just before their
execution, said: These fellows will pray
the devil out Of hell On the whole, it
seems TO DO really better, when we consider
tho many respectable interests involved
that The Bloody Assizes' should not be
treated as too serious an authority, even
at the risk Of o~verindulging Jeffreys.
We must pass quickly over the remaining
three years OF J~effreys's life. 1t is we'll
known that after the flight OF his master.
James H., he also tried TO leave London,
- ~ I~ou1 - A. rr-...-
where he died before he could be tried.
There is no doubt that during his occu-
pancy Of the post Of Lord Chancellor the
Court Of Chancery was an anxious place
for such barristers or solicitors US had
been neglectful or dishonest in the per-
Torrance of their duties. Jeffreys ooh
a stern view OF, the duty Of a Judge toward
those who practised before him and was
always prepared to give very good rea-
Sons for exercising a sharp authority in
his court. Some measure Of his unpopu-
larity was probably u 10 the many rogues
he exposed and the many abuses he checked.
There was a great deal Of the Augean stable
about the Court of Chanoery in Jeffrys's
day and he undertook the ungrateful role
of a raging Hercules at his peril. He added
TO the ~unpopulArity of his conduct by
melting out 10 trimmers the same denuncia-
ton that he poured on the heads Of fraud
ulent attorneys.
Lastly, a fact 10 he borne in mind is that
Jeffreys's reputation as a lawyer has never
been seriously disputed. Sir James Stephen ,
in a careful review Of the State trials, has
done more perhaps thar any one 90 re-
lieve him from unjust dispersion and To
h.. -, ,ha caRaunrv ~ awnlnIal aI.ll.
Mr.. Justice Fosters assertion that Jeffreys
was the worst Judge that ever disgraced
Westminster Hall. Sir Joseph Jekyll, the
Master Of the Rolls, n weighty and learned
lawyer, who was a student at the Temple
during Jeffreys's time as Chief Justice
and Chancellor, denied to Speaker Onslow
the truth of BuTnet's statement that JEFF
freys was not learned in the law. Onslow
himself, also a contemporary, says: "He
had great parts and made a great Chan
cellor in the business Of that court. In
more private matters he was thought an
able and upright Judge wherever he
sat" though his violence where Crown
or party was concerned Ia admitted. Such
Of J~effreys's legal decisions as are pre-
served, "a, for example, his Judgment in
the case OF the Fast India Company w.
sandys, bear out the opinions of these ex-
oellent judges, il confirmation be needed
in the face OF such authorities. That he
should lave done equally we'll as Chief
Justice and Chancellor in the courts OF
common law and equity proves that,
IL his reading was not extensive, his genius
az a lawyer more than atoned for any
deficiencies in his early studies.
NJ. W. H.