440. Sunderland to Kirke, July 14 and 28, 1685. "His Majesty," says Sunderland, "commands me to signify to you his dislike of these proceedings, and desires you to take care that no person concerned in the rebellion be at large." It is but just to add that, in the same letter, Kirke is blamed for allowing his soldiers to live at free quarter.
441. I should be very glad if I could give credit to the popular story that Ken, immediately after the battle of Sedgemoor, represented to the chiefs of the royal army the illegality of military executions. He would, I doubt not, have exerted all his influence on the side of law and of mercy, if he had been present. But there is no trustworthy evidence that he was then in the West at all. Indeed what we know about his proceedings at this time amounts very nearly to proof of an alibi. It is certain from the Journals of the House of Lords that, on the Thursday before the battle, he was at Westminster, it is equally certain that, on the Monday after the battle, he was with Monmouth in the Tower; and, in that age, a journey from London to Bridgewater and back again was no light thing.
442. North's Life of Guildford, 260, 263, 273; Mackintosh's View of the Reign of James the Second, page 16, note; Letter of Jeffreys to Sunderland, Sept. 5, 1685.
443. See the preamble of the Act of Parliament reversing her attainder.
444. Trial of Alice Lisle in the Collection of State Trials; Act of the First of William and Mary for annulling and making void the Attainder of Alice Lisle widow; Burnet, i. 649; Caveat against the Whigs.
445. Bloody Assizes.
446. Locke's Western Rebellion.
447. This I can attest from my own childish recollections.
448. Lord Lonsdale says seven hundred; Burnet six hundred. I have followed the list which the Judges sent to the Treasury, and which may still be seen there in the letter book of 1685. See the Bloody Assizes, Locke's Western Rebellion; the Panegyric on Lord Jeffreys; Burnet, i. 648; Eachard, iii. 775; Oldmixon, 705.
449. Some of the prayers, exhortations, and hymns of the sufferers will be found in the Bloody Assizes.
450. Bloody Assizes; Locke's Western Rebellion; Lord Lonsdale's Memoirs; Account of the Battle of Sedgemoor in the Hardwicke Papers. The story in the Life of James the Second, ii. 43; is not taken from the King's manuscripts, and sufficiently refutes itself.
451. Bloody Assizes; Locke's Western Rebellion, Humble Petition of Widows and Fatherless Children in the West of England; Panegyric on Lord Jeffreys.
452. As to the Hewlings, I have followed Kiffin's Memoirs, and Mr. Hewling Luson's narrative, which will be found in the second edition of the Hughes Correspondence, vol. ii. Appendix. The accounts in Locke's Western Rebellion and in the Panegyric on Jeffreys are full of errors. Great part of the account in the Bloody Assizes was written by Kiffin, and agrees word for word with his Memoirs.
453. See Tutchin's account of his own case in the Bloody Assizes.
454. Sunderland to Jeffreys, Sept. 14, 1685; Jeffreys to the King, Sept. 19, 1685, in the State Paper Office.
455. The best account of the sufferings of those rebels who were sentenced to transportation is to be found in a very curious narrative written by John Coad, an honest, Godfearing carpenter who joined Monmouth, was badly wounded at Philip's Norton, was tried by Jeffreys, and was sent to Jamaica. The original manuscript was kindly lent to me by Mr. Phippard, to whom it belongs.
456. In the Treasury records of the autumn of 1685 are several letters directing search to be made for trifles of this sort.
457. Commons' Journals, Oct. 9, Nov. 10, Dec 26, 1690; Oldmixon, 706. Panegyrie on Jeffreys.
458. Life and Death of Lord Jeffreys; Panegyric on Jeffreys; Kiffin's Memoirs.
459. Burnet, i 368; Evelyn's Diary, Feb. 4, 1684-5, July 13, 1686. In one of the satires of that time are these lines:
"When Duchess, she was gentle, mild, and civil;
When Queen, she proved a raging furious devil."
460. Sunderland to Jeffreys, Sept. 14, 1685.
461. Locke's Western Rebellion; Toulmin's History of Taunton, edited by Savage, Letter of the Duke of Somerset to Sir F. Warre; Letter of Sunderland to Penn, Feb. 13, 1685-6, from the State Paper Office, in the Mackintosh Collection. (1848.)—— The letter of Sunderland is as follows:—
"Whitehall, Feb. 13, 1685-6.
"Mr. Penne,
"Her Majesty's Maids of Honour having acquainted me that they
design to employ you and Mr. Walden in making a composition