DIE Veneris, 7 die Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath & Wells.
Epus. St. Asaph.
L. Privy Seal.
Duke of Monmouth.
Duke of Newcastle.
Marq of Worcester.
Comes Dorset & Midd.
Comes St. Alban.
Comes (fn. *)
Ds. North & Grey.
Ds. Grey W.
Ds. Howard Esc.
Ds. Herbert Ch.
Ds. Arundell T.
Ds. Butler W.
Message from H. C. to impeach L. C. Justice Scroggs.
A Message was brought from the House of Commons,
by the Lord Cavendish and others:
Who brought up Articles of Impeachment, against
Sir William Scroggs Knight, Chief Justice of the Court
of King's Bench, for High Treason, and other High
Crimes and Misdemeanors.
Which said Articles were commanded to be
The Lord Chief Justice, being present, stood up in his
Place during the Time the said Articles were read.
The Articles were as followeth:
"Articles of Impeachment of Sir William Scroggs
Knight, Chief Justice of the Court of King's
Bench, by the Commons in this present Parliament assembled, in their own Name and in
the Name of all the Commons of England, of
High Treason, and other great Crimes and
Articles of Impeachment against Sir Wm. Scroggs.
"Imprimis, That he the said Sir William Scroggs, then
being Chief Justice of the Court of King's Bench, hath
traiterously and wickedly endeavoured to subvert the
fundamental Laws and the established Religion and
Government of this Kingdom of England; and, instead
thereof, to introduce Popery and an Arbitrary and
Tyrannical Government against Law; which he has
declared by divers traiterous and wicked Words, Opinions, Judgements, Practices, and Actions.
"Secondly, That he the said Sir William Scroggs, in
Trinity Terme last, being then Chief Justice of the
said Court, and having taken an Oath duly to administer Justice according to the Laws and Statutes of
this Realm; in Pursuance of his said traiterous Purposes, did, together with the rest of the Justices of
the same Court, several Days before the End of the
said Term, in an arbitrary Manner, discharge the
Grand Jury which then served for the Hundred of
Oswaldston, in the County of Midd'x, before they
had made their Presentments, or had found several
Bills of Indictment which were then before them;
whereof the said Sir William Scroggs was then fully
informed, and that the same would be tendered to
the Court upon the last Day of the said Term; which
Day then was, and by the known Course of the said
Court hath always heretofore been, given unto the
said Jury, for the delivering in of their Bills and
Presentments; by which sudden and illegal Discharge
of the said Jury, the Course of Justice was maliciously and designedly stopped, the Presentments of
many Papists and other Offenders were obstructed;
and in particular a Bill of Indictment against James
Duke of Yorke, for absenting himself from Church,
which was then before them, was prevented from being proceeded upon.
"Thirdly, That whereas one Henry Carr had for
some Time before published every Week a certain
Book, intituled, "The Weekly Packet of Advice from
Rome, or the History of Popery," wherein the Superstitions and Cheats of the Church of Rome were
from Time to Time exposed; he the said Sir William
Scroggs, then Chief Justice of the Court of King's
Bench, together with the other Judges of the said
Court, before any legal Conviction of the said Carr
of any Crime, did, in the same Trinity Terme, in a
most illegal and arbitrary Manner, make, and cause
to be entered, a certain Rule of that Court, against
the printing of the said Book, in bæc Verba:
"Dies Mercurii proxime post Tres Septimanas
Sanctæ Trinitatis, Anno Tricesimo Secundo
Caroli Secundi Regis: Ordinatum est, quod
Liber, intitulat. The Weekely Packet of Advice
from Rome, or the History of Popery, non
ulterius imprimatur vel publicetur per aliquam Personam quamcunque. Per Cur.
"And did cause the said Carr, and divers Printers
and other Persons, to be served with the same:
Which said Rule and other Proceedings were most
apparently contrary to all Justice, in condemning
not only what had been written, without hearing the
Parties; but also all that might for the future be
written on that Subject; a manifest Countenancing of
Popery, and Discouragement of Protestants, an open
Invasion upon the Right of the Subject, and an encroaching and assuming to themselves a Legislative
Power and Authority.
"Fourthly, That he the said Sir William Scroggs,
since he was made Chief Justice of the King's Bench,
hath, together with the other Judges of the said
Court, most notoriously departed from all Rules of
Justice and Equality, in the Imposition of Fines upon
Persons convicted of Misdemeanors in the said Court;
and particularly, in the Term of Easter last past, did
openly declare, in the said Court, in the Case of
one Jessop, who was convicted of publishing false
News, and was then to be fined, "that he would
have Regard to Persons and their Principles, in the
imposing of Fines; and would set a Fine of Five
Hundred Pounds on one Person for the same Offence,
for which he would not fine another One Hundred
Pounds;" and, according to his said unjust and arbitrary Declaration, he the said Sir William Scroggs,
together with the said other Justices, did then impose
a Fine of One Hundred Pounds upon the said Jessop,
although the said Jessop had before that Time procured one Hewet to be convicted as Author of the
said false News; and afterwards, in the same Term,
did fine the said Hewet, upon his said Conviction, only
Five Marks. Nor hath the said Sir William Scroggs,
together with the other Judges of the said Court,
had any Regard to the Nature of the Offences, or the
Ability of the Person, in the imposing of Fines; but
have been manifestly partial and favourable to Papists,
and Persons affected to and promoting the Popish
Interest, in this Time of imminent Danger from
them; and at the same Time have most severely and
grievously oppressed His Majesty's Protestant Subjects,
as will appear upon View of the several Records of
Fines set in the said Court. By which arbitrary, unjust, and partial Proceedings, many of His Majesty's
Liege People have been ruined, and Popery countenanced, under Colour of Justice; and all the Mischiefs and Excesses of the Court of Star Chamber, by Act of Parliament suppressed, have been
again, in direct Opposition to the said Law, introduced.
"Fifthly, That he the said Sir William Scroggs, for
the further accomplishing of his said traiterous and
wicked Purposes, and designing to subject the Persons
as well as the Estates of His Majesty's Liege People
to his lawless Will and Pleasure, hath frequently refused to accept of Bail; though the same were sufficient,
and legally tendered to him by many Persons accused
before him only of such Crimes for which by Law
Bail ought to have taken, and divers of the said
Persons being only accused of Offences against himself; declaring at the same Time, "that he refused
Bail, and committed them to Gaol, only to put them
to Charges;" and using such furious Threats, as were
to the Terror of His Majesty's Subjects; and such
scandalous Expressions, as were a Dishonour to the
Government, and to the Dignity of his Office; and
particularly that he the said Sir William Scroggs did,
in the Year One Thousand Six Hundred Seventy and
Nine, commit and detain in Prison in such unlawful
Manner (among others) Henry Carr, George Broome,
Edward Berry, Benjamin Harris, Francis Smith Senior,
Francis Smith Junior, and Jane Curtis, Citizens of
London; which Proceedings of the said Sir William
Scroggs are a high Breach of the Liberty of the
Subject, destructive to the fundamental Laws of this
Realm, contrary to the Petition of Right and other
Statutes, and do manifestly tend to the introducing
of arbitrary Power.
"Sixthly, That he the said Sir William Scroggs, in
further Oppression of His Majesty's Liege People,
hath, since his being made Chief Justice of the said
Court of King's Bench, in an arbitrary Manner,
granted divers General Warrants, for attaching the
Persons and seizing the Goods of His Majesty's Subjects, not named or described particularly in the said
Warrants; by Means whereof, many of His Majesty's Subjects have been vexed, their Houses entered
into, and they themselves grievously oppressed, contrary to Law.
"Seventhly, Whereas there hath been a horrid and
damnable Plot, contrived and carried on by the Papists,
for the Murdering of the King, the Subversion of
the Laws and Government of this Kingdom, and for
the Destruction of the Protestant Religion in the
same; all which the said Sir William Scroggs well
knew, having himself not only tried, but given Judgement against several of the Offenders; nevertheless
he the said Sir William Scroggs did, at divers Times
and Places, as well sitting in Court as otherwise,
openly defame and scandalize several of the Witnesses,
who had proved the said Treasons against divers of
the Conspirators, and had given Evidence against
divers other Persons who were then untried; and did
endeavour to disparage their Evidence, and take off
their Credit; whereby, as much as in him lay, he did
traiterously and wickedly suppress and stifle the Discovery of the said Popish Plot, and encourage the
Conspirators to proceed in the same, to the great and
apparent Danger of His Majesty's Sacred Life, and of
the well-established Government and Religion of this
Realm of England.
"Eighthly, Whereas the said Sir William Scroggs,
being advanced to be Chief Justice of the Court of
King's Bench, ought, by a sober, grave, and virtuous
Conversation, to have given a good Example to the
King's Liege People, and to demean himself answerable to the Dignity of so eminent a Station; yet he
the said Sir William Scroggs, on the contrary, by his
frequent and notorious Excesses and Debaucheries,
and his prophane and atheistical Discourses, doth
daily affront Almighty God, dishonour His Majesty, give Countenance and Encouragement to all
Manner of Vice and Wickedness, and bring the
highest Scandal on the Public Justice of the Kingdom.
"All which Words, Opinions, and Actions, of the
said Sir William Scroggs, were by him spoken
and done, traiterously, wickedly, falsely, and
maliciously, to alienate the Hearts of the King's
Subjects from His Majesty, and to set a Division between Him and them, and to subvert
the fundamental Laws and the established
Religion and Government of this Kingdom,
and to introduce Popery and an arbitrary and
tyrannical Government, and contrary to his
own Knowledge and the known Laws of the
Realm of England; and thereby he the said
Sir William Scroggs hath not only broken his
own Oath, but also, as far as in him lay,
hath broken the King's Oath to His People,
whereof he the said Sir William Scroggs, representing His Majesty in so high an Office
of Justice, had the Custody; for which the
said Commons do impeach him the said Sir
William Scroggs of the High Treason against
our Sovereign Lord the King and His Crown
and Dignity, and other the high Crimes and
"And the said Commons, by Protestation,
saving to themselves the Liberty of exhibiting at any Time hereafter any other
Accusation or Impeachment against the
said Sir William Scroggs, and also of replying to the Answer that he shall make
thereunto, and of offering Proofs of the
Premises, or of any other Impeachments
or Accusations that shall be by them
exhibited against him as the Case shall
(according to the Course of Parliament)
require; do pray, that the said Sir William
Scroggs, Chief Justice of the Court of
King's Bench, may be put to answer
to all and every the Premises, and may
be committed to safe Custody; and
that such Proceedings, Examinations,
Trials and Judgements, may be upon him
had and used as is agreeable to Law and
Justice, and the Course of Parliaments."
Debate about his Commitment.
After these Articles were read, it was debated (the
said Sir William Scroggs being withdrawn), "Whether,
upon this Impeachment from the House of Commons,
he shall be committed or not?"
The Question was propounded, "Whether Sir
William Scroggs shall be committed or not?"
Carried in the Negative.
Then this previous Question was put, "Whether
this Question shall be now put?"
It was Resolved in the Negative.
Protest against that Resolution.
"Dissentientibus, for these Reasons:
"First, We that are of that Opinion, that he ought
to be committed, are deprived of giving our Votes,
by putting only the Question of Bail; we being
rather for Bail, than to let him go altogether free.
"Secondly, We are of Opinion, that this Matter
hath been Twice adjusted betwixt both Houses;
(videlicet,) in the Case of the Earl of Clarendon, and
the Case of the Earl of Danby.
"Besides, we did think it very unsafe, and not agreeable to Justice, that he should be at large, and execute his Place of Lord Chief Justice, whilst he lies
under the Charge of an Impeachment of High
"Lastly, It may deter the Witnesses, when they shall
see him in such great Power and Place whom they are
Shaftesbury. Clare. Bedford.
Essex. Stamford. C. Cornwallis.
Maclesfeld. Grey. Pagett. Herbert.
L. C. J. Scroggs to give 10,000 l. Bail for his Appearance:
ORDERED, That Sir William Scroggs, Chief Justice
of the King's Bench, do (in this House) enter into a
Recognizance to our Sovereign Lord the King, of Ten
Thousand Pounds, with Two sufficient Sureties to be
bound with him in Five Thousand Pounds apiece; upon
Condition, That he shall attend upon this Court from
Time to Time, till he be discharged of his Impeachment brought up from the House of Commons.
Then Sir William Scroggs was brought to the Bar;
and, after he had kneeled, the Lord Chancellor told
him, "That the House had ordered, That he should
enter into a Recognizance of Ten Thousand Pounds,
with Two Sureties to be bound with him in Five
Thousand Pounds apiece, to attend this House from
Time to Time, until he was discharged of his Impeachment."
And asked him, "Whether he could offer Two Sureties as were sufficient Persons?"
And he propounded the Earl of Dorsett and Midd. and
the Lord Hatton.
Which the House accepted of; and accordingly,
in open Court, entered into a Recognizance; (videlicet,)
Memorandum, quod Willielmus Scroggs Mil. Capitalis
Justic. Domini Regis, recognovit se debere Domino
Regi Decem Mille Libras; Carolus Comes Dorset et
Midd. recognovit se debere Domino Regi Quinque Mille
Libras; et Christopherus Dominus Hatton recognovit
se debere Domino Regi Quinque Mille Libras, levari
de Terris, Tenementis, Bonis et Catallis suis, ad Usum
The Condition of the abovesaid Recognizance is such,
That if the said Sir William Scroggs shall attend upon
this Court from Time to Time, till he shall be discharged of his Impeachment brought up from the
House of Commons, then this Recognizance to be
void; or else to remain in full Force and Virtue.
Not to be suspended from his Office.
The Question was propounded, "Whether there
shall be now an Address to the King, to suspend Sir
William Scroggs from the Execution of his Place,
until his Trial be over?"
The previous Question being put, "Whether this
Question shall be now put?"
It was Resolved in the Negative.
Protest against that Resolution.
Grey. Manchester. Herbert.
Message from H. C. to impeach the E. of Tyrone.
A Message was brought from the House of Commons,
by the Lord Dursley and others; who said,
"That the Commons in Parliament assembled (having
received Information against the Earl of Tyrone) have
commanded him, in their Name, and in the Name
of all the Commons of England, to impeach Richard
Earl of Tyrone, of High Treason.
"And in due Time the Commons will bring up
Articles, to make good this their Impeachment against
L. C. J. Scroggs to put in his Answer.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That Sir William Scroggs Knight,
Chief Justice of the Court of King's Bench, may have
a Copy of the Articles of Impeachment brought up by
the House of Commons against him this Day; to which
he is hereby required to put in his Answer in Writing,
at the Bar of this House, on Friday next, being the
Fourteenth Day of this Instant January, at Ten of the
Clock in the Forenoon.
Address concerning FitzGerald and Downey.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Lords with White Staves
do attend His Majesty, to desire Him from this House,
"That His Majesty will be pleased to give Order for
the safe bringing of Maurice Fitz Gerald and Murtagh
Downey out of the Kingdom of Ireland to this House,
to give Evidence of what they know concerning
the horrid Popish Plot and Conspiracy in that Kingdom."
ORDERED, That To-morrow the House be put
into a Committee, to proceed in the further Consideration of the Bill for securing the Protestant Religion.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 8um diem
instantis Januarii, hora decima Aurora, Dominis sic decernentibus.