It is impossible to determine precisely with what justice tradition has
made the name of "Judge Jeffreys" a byword of infamy. The Revolution,
which brought about his fall, handed over his reputation at the same
time to the mercy of his bitterest enemies. They alone have recorded his
actions and appraised his motives and character. Even the adherents of
the deposed dynasty had no interest in finding excuse for one who served
as a convenient scapegoat for the offences of his master. For at least
half a century after his death no apology for Lord Jeffreys would have
obtained a hearing; and none was attempted. With the exception therefore
of what is to be gathered from the reports of the state trials, all
knowledge of his conduct rests on testimony tainted by undisguised
hostility. Innumerable scurrilous lampoons vilifying the hated
instrument of James's tyranny, but without a pretence of historic value,
flooded the country at the Revolution; and these, while they fanned the
undiscriminating hatred of contemporaries who remembered the judge's
severities, and perpetuated that hatred in tradition, have not been
sufficiently discounted even by modern historians like Macaulay and Lord
Campbell. The name of Jeffreys has therefore been handed down as that of
a coarse, ignorant, dissolute, foul-mouthed, inhuman bully, who
prostituted the seat of justice. That there was sufficient ground for
the execration in which his memory was long held is not to be gainsaid.
But the portrait has nevertheless been blackened overmuch. An occasional
significant admission in his favour may be gleaned even from the
writings of his enemies. Thus Roger North declares that "in matters
indifferent," i.e. where politics were not concerned, Jeffreys became
the seat of justice better than any other that author had seen in his
place. Sir J. Jekyll, master of the rolls, told Speaker Onslow that
Jeffreys "had great parts and made a great chancellor in the business of
his court. In mere private matters he was thought an able and upright
judge wherever he sat." His keen sense of humour, allied with a spirit
of inveterate mockery and an exuberant command of pungent eloquence, led
him to rail and storm at prisoners and witnesses in grossly unseemly
fashion. But in this he did not greatly surpass most of his
contemporaries on the judicial bench, and it was a failing from which
even the dignified and virtuous Hale was not altogether exempt. The
intemperance of Jeffreys which shocked North, certainly did not exceed
that of Saunders; in violence he was rivalled by Scroggs; though accused
of political apostasy, he was not a shameless renegade like Williams;
and there is no evidence that in pecuniary matters he was personally
venal, or that in licentiousness he followed the example set by Charles
II. and most of his courtiers. Some of his actions that have incurred
the sternest reprobation of posterity were otherwise estimated by the
best of his contemporaries.
Public-domain text, read in full here on John Shaqi.
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