Others would not acknowledge their Rebel- 4.D.1685: lion, though Kirk offer'd them their Lives I Fac. 2. upon that Condition; nay, 'tis related, that Kirk order'd one Perfon to be cut down twice. or three Times, and after each offer'd him his Life, if he would only acknowledge that he had done amifs; but he refus'd, and chofe to be hang'd outright. But to proceed, if Kirk was fuch a Monfter of Cruelty, for executing fo fmall a Number of Rebels taken in Arms, how comes Cromwell's Cruelty never to be cenfur'd by the Faction, who murdered his thoufands and ten thousands in cold Blood? in the late Again, did not Fairfax, the Parliament's Ge- The Rebels neral, caufe Sir Charles Lucas and Sir George ReignguilLifle, two very great and good Men, to fay ty of much no more of them, to be fhot before the Walls greater of Colchefter after they had furrender'd, by Cruelties. his fole Authority, only for defending that Town for their Sovereign against the Forces of the Rump? And if this was agreeable to the Rules of War, why was Kirk to be cenfur'd any more than Fairfax or Cromwell? out Proof. But fome pretend to give a farther Inftance Kirk char of Kirk's cruel and brutish Temper. They ged with tell us, that when a young Woman came to beg her Brother's Life, he promifed it on Condition fhe would let him lye with her; which when she had confented to with much Reluctance, he hang'd her Brother on the Sign Poft of the fame Houfe before her Face, and laugh'd at her Credulity. But this Story has not only no Proof to fupport it, but it is told fo many different Ways, as renders it exceeding fufpicious: Some affirm, That it was a Daughter that petition'd for her Father; and others, that a Wife begg'd the Life of her Husband on thefe Terms; but VOL. XXIII. N n give 4.D.1685.give us neither the Names nor Dwellings of Fac.2. any of the Parties: And after all, if this Kirk was fuch a Brute of a Man, it is ftrange, that the pious King William was fo far from calling him to an Account at the Revolution, that he rely'd upon him as much as on any English Officer he had; and particularly employ'd him in relieving the important Town of London- Derry, and railing the Siege of that Place. But to return. L. Dela mere, Lord Brandon, The Lord Delamere being fufpected as a Favourer of the Rebels, a Proclamation was iffuGerard,and ed on the 19th of July, commanding him to others, ap- furrender himself: And on the 26th of the prehended. fame Month, the Earl of Stamford, the Lord Brandon, Gerard, and the Lord Delamere, were committed to the Tower: And another Proclamation iffued, commanding George Speke, Francis Charlton, and John Wildman, Efqs; Colonel Danvers, and John Trenchard, Efq; to furrender themfelves within twenty Days, being charg'd with High Treafon in being among the Rebels, or Aiding and Affifting of A Thank them: And the 26th of July, was obferv'd as giving for a Thankfgiving for the Succefs of the King's the Victory Forces in the Weft; on which, one from the of Sedge- French King congratulated his Majesty the beginning of the next Month. more. the Weft. Jefferies And now the Court thinking fit to make and other fome Examples of thefe who had been taken to try the in Rebellion, or were guilty of encouraging Rebels in or affifting the Rebels: A Commiffion of Oyer and Terminer was granted to the Lord Chief Justice Jefferies, Polexfen, and three other Commiffioners, who were fent into the Weft the latter End of August, Colonel Kirk being order'd to protect them against against the Infolence of the People with Detachment of the Army. 1 Jac. 2. The Judges opening their Commission at Winchester in Hampshire, Alice Life, the Widow Mrs. Life's of John Lifle, one of the Regicides, who was Trial. Prefident alfo of the High Court of Justice that condemned Duke Hamilton, the Earl of Holland, and the Lord Capel, was brought before them, and charged with Harbouring John Hicks, a Non-Conformist Minifter, and Nelthorp, who had been in the Rebels Army at the Battle of Sedgemore; and fhe was condemned upon full Evidence, if we may credit the printed Trial, to which I refer the Reader; however, the Sentence was reverfed at the Revolution. But our Hiftorians have aggravated this Matter extremely, pretending Mrs. Lifle was ignorant whom fhe harboured, and had great Injuftice done her; whereas it appears, that he was the great Patronefs and Protector of the Rebels; that the contrived to have thofe Men brought to her Houfe privately, fupped with them in a Chamber, where they difcourfed of what had happened in the Battle, and actually denied them when Colonel Penruddock came to fearch her House: Nor were the Jury ever turned back, as is pretended; though 'tis true they came into Court after they had withdrawn, to be fatisfied in two Points; one was, Whether it was Treafon to receive a Rebel before he was convicted of Treafon; to which the Court anfwered, It was: Then they faid, They were in fome Doubt, whether Hicks had been in the Army; to which Jefferies anfwered, Mrs. Life's ordering them to come in the Night, was a strong Prefumption of it; but their talking of the Battle at Supper, left them no Nn 2 Room victed. A.D.1685. Room to doubt of it: Whereupon the Jury, without withdrawing again, gave their Ver1 Jac. II. dict, That she was Guilty: And this Jury conShe is con- fifted of Gentlemen of as good Quality and Credit as any in the Country. Indeed the Court did obferve, that the Prifoner's Hufband was a Regicide, and Prefident of a High Court of Juftice, that had taken away the Lives of feveral loyal Noblemen, and had condemned the Father of this very Colonel Penruddock, who feized Mrs. Lifle, and was a Witness against her at this Trial: But it is not to be fuppofed that the Jury, who were Gentlemen of Quality, fhould have any Regard to her Husband's Crimes in the Verdic against her, whatever Dr. Burnet, and other Advocates for Rebellion, may infinuate: And, however the whole Load of Mrs. Life's Condemnation comes to be laid on Jefferies, it apthe Juftice pears that Polexfen and the reft of the Judges of her Sen- in the Commiffion were unanimous in their All the Judges agree in Lence. Opinions of her Guilt: And what takes off a great deal of the Odium from the Judges is, that they gave her Time to fend to London, and folicite her Pardon; and when that could not be obtained, gave her an Opportunity of getting her Sentence changed from Burning to Beheading. But it is further obferved, That as Mrs. Lifle was very old and deaf, it would have redounded to the King's Honour to have fpared her; fhe could have done him very little Harm, if he had fuffered her to live; and thofe who fuggeft this may be very much in the right: But as for the Cruelty of the Matter, it may be as cruel to execute a young Woman as an old one; and as she was the great Encourager and Supporter of the Difaffected in that Part of the Country, I prefume 1 Jac. II. makes 600 of them. and Kirk prefume the King confented to her Execution 4.D.1685. in order to terrify others from harbouring and fupporting his Enemies, rather than out of any Pique to the Perfon of this old Lady. But to proceed. The Prifoner and feveral more having been condemned at Winchester, the Commiffi ners went from thence to Dorchefter, Exeter, Taunton, and Wells; in all which Places feven or eight hundred were About 200 convicted, of whom about two hundred were executed. executed. Indeed Burnet pretends fix hun- Burnet dred were executed; but three for one is an ordinary Stretch with that correct Writer: And in this Particular even his Difciples, the Continuers of Rapin, have given him up; though they tell us, that it was the Covetoufnefs of the Chief Juftice that faved many of the Prifoners: But why Polexfen and the reft How come of the Commiffioners, who concurred with Jefferies Jefferies are not equally cenfured, is a little to bear the difficult to conceive; unlefs it be that Polex- Odium of fen was afterwards one of King William's all these Judges, and the reft of them deemed no Ene mies to the Revolution. The Lord Churchill, (afterwards Duke of Marlborough) though the moft active of all the Officers in fuppreffing the Western Rebellion, appears alfo to be fo much in Favour with the Faction, that he has not incurred the leaft Cenfure on that Account; while poor Colonel Kirk, his inferiour Officer, is loaded with Infamy, and innumerable Stories raifed of his Cruelty; particularly, That when thirty Men, who had been condemned by Jefferies and his Affociates, were to be hanged at Taunton, he fat at a Tavern to fee the Execution, and ordered them to be turned off by half Scores, drinking the King's Health at the first Execution, the Execu tions? |