CHAPTER XII.

WILLIAM SCROGGS.

It was positively asserted in his lifetime, and it has been often repeated

since, that Scroggs was the son of a butcher, and that he was so cruel as

a judge because he had been himself accustomed to kill calves and lambs

when he was a boy. Yet it is quite certain that this solution of Scroggs's

taste for blood is a pure fiction, for he was born and bred a gentleman.

His father was a squire, of respectable family and good estate, in

Oxfordshire. Young Scroggs was several years at a grammar school, and he

took a degree with some credit in the University of Oxford, having studied

first at Oriel, and then at Pembroke College. He was intended for the

church, and, in quiet times, might have died respected as a painstaking

curate, or as Archbishop of Canterbury. But, the civil war breaking out

while he was still under age, he enlisted in the king's cause, and

afterwards commanded a troop of horse, which did good service in several

severe skirmishes. Unfortunately, his morals did not escape the taint

which distinguished both men and officers on the Cavalier side. The

dissolute habits he had contracted unfitted him entirely for the

ecclesiastical profession, and he was advised to try his luck in the law.

He had a quick conception, a bold manner, and an enterprising mind; and

prophecies were uttered of his great success if he should exchange the

cuirass for the long robe. He was entered as a student at Gray's Inn, and

he showed that he was capable, by short fits, of keen application; but

his love of profligacy and of expense still continued, and both his health

and his finances suffered accordingly.

However, he contrived to be called to the bar; and some of his pot

companions being attorneys, they occasionally employed him in causes

likely to be won by a loud voice and an unscrupulous appeal to the

prejudices of the jury. He practised in the King's Bench, where, although

he now and then made a splashy speech, his business by no means increased

in the same ratio as his debts. "He was," says Roger North, "a great

voluptuary, his debaucheries egregious, and his life loose; which made the

Lord Chief Justice Hale detest him." Thinking that he might have a better

chance in the Court of Common Pleas, where the men in business were very

old and dull, he took the degree of the coif, and he was soon after made a

King's Serjeant. Still, however, he kept company with Ken, Guy, and the

high-court rakes, and his clients could not depend upon him. His visage

being comely, and his speech witty and bold, he was a favorite with

juries, and sometimes carried off wonderful verdicts; but, when he ought

to have been consulting his chamber in Serjeants' Inn, he was in a tavern

or gaming house, or worse place, near St. James's Palace. Thus his gains

were unsteady, and the fees which he received were speedily spent in

dissipation, so that he fell into a state of great pecuniary

embarrassment. On one occasion, he was arrested by a creditor in

Westminster Hall as he was about to enter his coach. The process being out

of the King's Bench, he complained to that court of a breach of his

privileges as a serjeant; but Lord Chief Justice Hale refused to discharge

him.

Meanwhile, Serjeant Scroggs was in high favor with Lord Shaftesbury's

enemies, who, on the commitment of that turbulent leader to the Tower for

breach of privilege, had gained a temporary advantage over him. Through

the agency of Chiffinch, superintendent of the secret intrigues of every

description which were carried on at Whitehall,[77] he had been introduced

to Charles II., and the merry monarch took pleasure in his licentious

conversation. What was of more importance to his advancement, he was

recommended to the Earl of Danby, the reigning prime minister, as a man

that might be useful to the government if he were made a judge. In

consequence, on the 23d of October, 1676, he was knighted, and sworn in a

justice of the Court of Common Pleas. Sir Allan Broderick, in a letter to

"the Honorable Lawrence Hyde," written a few days after, says, "Sir

William Scroggs, on Monday, being admitted judge, made so excellent a

speech that my Lord Northampton, then present, went from Westminster to

Whitehall immediately, and told the king he had, since his happy

restoration, caused many hundred sermons to be printed, and which together

taught not the people half so much loyalty; therefore, as a sermon,

desired his command to have it printed and published in all the market

towns in England."

Mr. Justice Scroggs gave himself little trouble with law business that

came before the court; but, in addressing grand juries on the circuit, he

was loud and eloquent against the proceedings of the "country party," and

he still continued to be frequently in the circle at Whitehall, where he

took opportunities not only to celebrate his own zeal, but to sneer at

Sir John Raynsford, the chief justice of the King's Bench, whose place he

was desirous to fill. Chiffinch, and his other patrons of the back-stairs,

were in the habit of sounding his praise, and asserting that he was the

only man who, as head of the King's Bench, could effectually cope with the

manoeuvres of Shaftesbury. This unconquerable intriguer, having been

discharged from custody, was again plotting against the government, was

preparing to set up the legitimacy of Monmouth, and was asserting that the

Duke of York should be set aside from the succession of the throne and

prosecuted as a Popish recusant.

The immediate cause of Raynsford's removal was the desire of the

government to have a chief justice of the King's Bench on whose vigor and

subserviency reliance could be placed, to counteract the apprehended

machinations of Shaftesbury.

On the 31st of May, 1678, Sir William Scroggs was sworn into the office,

and he remained in it for a period of three years. How he conducted

himself in civil suits is never once mentioned, for the attention of

mankind was entirely absorbed by his scandalous misbehavior as a criminal

judge. He is looked to with more loathing, if not with more indignation,

than Jeffreys, for in his abominable cruelties he was the sordid tool of

others, and in his subsequent career he had not the feeble excuse of

gratifying his own passions or advancing his own interests.

Although quite indifferent with regard to religion, and ready to have

declared himself a Papist, or a Puritan, or a Mahometan, according to the

prompting of his superiors, finding that the policy of the government was

to outbid Shaftesbury in zeal for Protestantism, he professed an implicit

belief in all the wonders revealed by Titus Oates, in the murder of Sir

Edmondbury Godfrey by Papists, and in the absolute necessity for cutting

off without pity all those who were engaged in the nefarious design to

assassinate the king, to burn London, and to extinguish the flames with

the blood of Protestants. He thought himself to be in the singularly

felicitous situation of pleasing the government while he received shouts

of applause from the mob. Burnet, speaking of his appointment, says, "It

was a melancholy thing to see so bad, so ignorant, and so poor a man

raised up to that great post. Yet he, now seeing how the stream ran, went

into it with so much zeal and heartiness that he was become the favorite

of the people."[78]

The first of the Popish plot judicial murders--which are more disgraceful

to England than the massacre of St. Bartholomew's is to France--was that

of Stayly, the Roman Catholic banker. Being tried at the bar of the Court

of King's Bench, Scroggs, according to the old fashion, which had gone out

during the Commonwealth, repeatedly put questions to the prisoner,

attempting to intimidate him, or to involve him in contradictions, or to

elicit from him some indiscreet admission of facts. A witness having

stated that "he had often heard the prisoner say he would lose his blood

for the king, and speak as loyally as man could speak," Scroggs exclaimed,

"_That is, when he spoke to a Protestant!_" In summing up, having run

himself out of breath by the violence with which he declaimed against the

Pope and the Jesuits, he thus apologised to the jury:--

"Excuse me, gentlemen, if I am a little warm, when perils are so many,

murders so secret. When things are transacted so closely, and our king is

in great danger, and religion is at stake, I may be excused for being a

little warm. You may think it better, gentlemen, to be warm here than in

Smithfield. Discharge your consciences as you ought to do. If guilty, let

the prisoner take the reward of his crime, for perchance it may be a

terror to the rest. I hope I shall never go to that heaven where men are

made saints for killing kings."

The verdict of _guilty_ being recorded, _Scroggs, C. J._, said, "Now, you

may die a Roman Catholic; and, when you come to die, I doubt you will be

found a priest too. The matter, manner, and all the circumstances of the

case, make it plain; you may harden your heart as much as you will, and

lift up your eyes, but you seem, instead of being sorrowful, to be

obstinate. Between God and your conscience be it; I have nothing to do

with that; my duty is only to pronounce judgment upon you according to

law--you shall be drawn to the place of execution, where you shall be

hanged by the neck, cut down alive," &c. &c.

The unhappy convict's friends were allowed to give him decent burial;[79]

but, because they said a mass for his soul, his body was, by order of Lord

Chief Justice Scroggs, taken out of the grave, his quarters were fixed

upon the gates of the city, and his head, at the top of a pole, was set on

London Bridge. So proud was Scroggs of this exploit, that he had an

account of it written, for which he granted an IMPRIMATUR, signed with his

own name.

I must not run the risk of disgusting my readers by a detailed account of

Scroggs's enormities on the trials of Coleman, Ireland, Whitebeard,

Langhord, and the other victims whom he sacrificed to the popular fury

under pretence that they were implicated in the Popish plot. Whether

sitting in his own court at Westminster, or at the Old Bailey in the city

of London, as long as he believed that government favored the

prosecutions, by a display of all the unworthy arts of cajoling and

intimidation he secured convictions. A modern historian, himself a Roman

Catholic priest, says, with temper and discrimination, "The Chief Justice

Scroggs, a lawyer of profligate habits and inferior acquirements, acted

the part of prosecutor rather than of judge. To the informers he behaved

with kindness, even with deference, suggesting to them explanations,

excusing their contradictions, and repelling the imputation on their

characters; but the prisoners were repeatedly interrupted and insulted;

their witnesses were browbeaten from the bench, and their condemnation was

generally hailed with acclamations, which the court rather encouraged than

repressed."

Meanwhile the chief justice went the circuit; and although the Popish plot

did not extend into the provinces, it may be curious to see how he

demeaned himself there. Andrew Bromwich being tried before him capitally,

for having administered the sacrament of the Lord's supper according to

the rites of the church of Rome, thus the dialogue between them

proceeded:--

_Prisoner._--"I desire your lordship will take notice of one thing, that I

have taken the oaths of allegiance and supremacy, and have not refused any

thing which might testify my loyalty." _Scroggs, C. J._--"That will not

serve your turn; you priests have many tricks. What is that to giving a

woman the sacrament several times?" _Prisoner._--"My lord, it was no

sacrament unless I be a priest, of which there is no proof."

_Scroggs._--"What! you expect we should prove you a priest by witnesses

who saw you ordained? We know too much of your religion; no one gives the

sacrament in a wafer, except he be a Popish priest: you gave that woman

the sacrament in a wafer: _ergo_, you are a Popish priest." Thus he summed

up: "Gentlemen of the jury, I leave it upon your consciences whether you

will let priests escape, who are the very pests of church and state; you

had better be rid of one priest than three felons; so, gentlemen, I leave

it to you."

After a verdict of guilty, the chief justice said, "Gentlemen, you have

found a good verdict, and if I had been one of you I should have found the

same myself." He then pronounced sentence of death, describing what seemed

to be his own notion of the divine Being, while he imputed this blasphemy

to the prisoner: "You act as if God Almighty were some omnipotent

mischief, that delighted and would be served with the sacrifice of human

blood."

Scroggs was more and more eager, and "ranted on that side more

impetuously," when he observed that Lord Shaftesbury, who, although

himself too shrewd to believe in the Popish plot, had been working it

furiously for his own purposes, was taken into office on the formation of

Sir William Temple's new scheme of administration, and was actually made

president of the council. But he began to entertain a suspicion that the

king had been acting a part against his inclination and his judgment, and,

having ascertained the real truth upon this point, he showed himself

equally versatile and violent by suddenly going over to the opposite

faction. Roger North gives the following racy account of his conversion:--

"It fell out that when the Earl of Shaftesbury had sat some short time in

the council, and seemed to rule the roast, yet Scroggs had some qualms in

his political conscience; and coming from Windsor in the Lord Chief

Justice North's coach, he took the opportunity and desired his lordship to

tell him seriously if my Lord Shaftesbury had really so great power with

the king as he was thought to have. His lordship answered quick, 'No, my

lord, no more than your footman hath with you.' Upon that the other hung

his head, and, considering the matter, said nothing for a good while, and

then passed to other discourse. After that time he turned as fierce

against Oates and his plot as ever before he had ranted for it."

The first Popish plot case which came on after this conversion was the

trial of Sir George Wakeman, the queen's physician, against whom Oates and

Bedloe swore as stoutly as ever; making out a case which implicated, to a

certain degree, the queen herself. But Chief Justice Scroggs now sneered

at the marvellous memory or imagination of Oates; and, taking very little

notice, in his summing up, of the evidence of Bedloe, thus concluded:--

"If you are unsatisfied upon these things put together, and, well

weighing, you think the witnesses have not said true, you will do well to

acquit." _Bedloe._--"My lord, my evidence is not right summed up."

_Scroggs, C. J._--"I know not by what authority this man speaks.

Gentlemen, consider of your verdict."

An acquittal taking place, not only were Oates and Bedloe in a furious

rage, but the mob were greatly disappointed, for their belief in the plot

was still unshaken, and Scroggs, who had been their idol a few hours

ago,[80] was in danger of being torn in pieces by them. Although he

contrived to escape in safety to his house, he was assailed next morning

by broadsides, ballads sung in the streets, and libels in every imaginable

shape.

On the first day of the following term, he bound over in open court the

authors, printers, and signers of some of the worst of them, and made the

following speech:--

"I would have all men know that I am not so revengeful in my nature, nor

so nettled with this aspersion, that I could not have passed by this and

more; but the many scandalous libels that are abroad, and reflect on

public justice as well as upon my private self, make it the duty of my

place to defend the one, and the duty I owe to my reputation to vindicate

the other. This is the properest occasion for both. If once our courts of

justice come to be awed or swayed by vulgar noise,[81] it is falsely said

that men are tried for their lives or fortunes; they live by chance, and

enjoy what they have as the wind blows, and with the same certainty. Such

a base, fearful compliance made Felix, willing to please the people, leave

Paul bound. The people ought to be pleased with public justice, and not

justice seek to please the people. Justice should flow like a mighty

stream; and if the rabble, like an unruly wind, blow against it, the

stream they made rough will keep its course. I do not think that we yet

live in so corrupt an age that a man may not with safety be just, and

follow his conscience; if it be otherwise, we must hazard our safety to

preserve our integrity. As to Sir George Wakeman's trial, I am neither

afraid nor ashamed to mention it. I will appeal to all sober and

understanding men, and to the long robe more especially, who are the best

and properest judges in such cases, for the fairness and equality of my

carriage on that occasion. For those hireling scribblers who traduce

me,--who write to eat and lie for bread,--I intend to meet with them

another way, for, like vermin, they are only safe while they are secret.

And let those vipers, those printers and booksellers by whom they vend

their false and braided ware, look to it; they shall know that the law

wants not power to punish a libellous and licentious press, nor I

resolution to put the law in force. And this is all the answer fit to be

given (besides a whip) to those hackney writers and dull observators that

go as they are hired or spurred, and perform as they are fed. If there be

any sober and good men that are misled by false reports, or by subtlety

deceived into any misapprehensions concerning that trial or myself; I

should account it the highest pride and the most scornful thing in the

world if I did not endeavor to undeceive them. To such men, therefore, I

do solemnly declare in the seat of justice, where I would no more lie or

equivocate than I would to God at the holy altar, I followed my conscience

according to the best of my understanding in all that trial, without fear,

favor, or reward, _without the gift of one shilling, or the value of it

directly or indirectly, and without any promise or expectation

whatsoever_.[82] Do any think it an even wager, whether I am the greatest

villain in the world or not--one that would sell the life of the king, my

religion, and country, to Papists for money? He that says great places

have great temptations, has a little if not a false heart himself. Let us

pursue the discovery of the plot in God's name, and not balk any thing

where there is suspicion on reasonable grounds; but do not pretend to find

what is not, nor count him a turncoat that will not betray his conscience,

nor believe incredible things. Those are foolish men who think that an

acquittal must be wrong, and that there can be no justice without an

execution."

Many were bound over; but not more than one prosecution was brought to

trial--that against Richard Radley, who was convicted of speaking

scandalous words of the Lord Chief Justice Scroggs, and fined £200.

When the Earl of Castlemaine--the complaisant husband of the king's

mistress--was brought to trial for being concerned in the plot, Scroggs

was eager to get him off, still despising popular clamor. Bedloe being

utterly ruined in reputation, Dangerfield was now marched up, as the

second witness, to support Oates. He had been sixteen times convicted of

infamous offences; and, to render him competent, a pardon under the great

seal was produced. But the chief justice was very severe upon him, saying,

in summing up to the jury, "Whether this man be of a sudden become a saint

because he has become a witness, I leave that to you to consider. Now I

must tell you, though they have produced two witnesses, if you believe but

one, this is insufficient. In treason, there being two witnesses, the one

believed, the other disbelieved, may there be a conviction? I say, no. Let

us deal fairly and aboveboard, and so preserve men who are accused and not

guilty." The defendant being acquitted, the chief justice was again

condemned as a renegade.

He further made himself obnoxious to the charge of having gone over to the

Papists, by his conduct on the trial of Mrs. Elizabeth Cellier, who, if

she had been prosecuted while he believed that the government wished the

plot to be considered real, would unquestionably have been burned alive

for high treason, but now was the object of his especial protection and

favor. The second witness against her was Dangerfield, who, when he was

put into the box, before any evidence had been given to discredit him, was

thus saluted by Chief Justice Scroggs:--

"We will not hoodwink ourselves against such a fellow as this, that is

guilty of such notorious crimes. A man of modesty, after he hath been in

the pillory, would not look a man in the face. Such fellows as you are,

sirrah, shall know we are not afraid of you. It is notorious enough what a

fellow this is. I will shake all such fellows before I have done with

them." _Dangerfield._--"My lord, this is enough to discourage a man from

ever entering into an honest principle." _Scroggs, C. J._--"What! Do you,

with all the mischief that hell hath in you, think to have it in a court

of justice? I wonder at your impudence, that you dare look a court of

justice in the face, after having been made appear so notorious a villain.

Come, gentlemen of the jury, this is a plain case; here is but one witness

in a case of treason; therefore lay your heads together, and say _not

guilty_."

Mrs. Cellier was set at liberty, and Dangerfield was committed to occupy

her cell in Newgate.

When holding assizes in the country, he took every opportunity of

proclaiming his slavish doctrines. Going the Oxford circuit with Lord

Chief Baron Atkyns, he told the grand jury that a petition from the lord

mayor and citizens of London to the king, for calling a Parliament, was

high treason. Atkyns, on the contrary, affirmed "that the people might

petition the king, and, so that it was done without tumult, it was

lawful." Scroggs, having peremptorily denied this, went on to say "that

the king might prevent printing and publishing whatever he chose by

proclamation." Atkyns mildly remarked, "that such matters were fitter for

Parliament, and that, if the king could do this work of Parliament, we

were never like to have Parliaments any more." Scroggs, highly indignant,

sent off a despatch to the king, stating the unconstitutional and

treasonable language of Chief Baron Atkyns. This virtuous judge was in

consequence superseded, and remained in a private station till he was

reinstated in his office after the revolution.

Before Scroggs was himself prosecuted and dismissed from his office with

disgrace, he swelled the number of his delinquencies by an attack on the

liberty of the press, which was more violent than any that had ever been

attempted by the Star Chamber, and which, if it had been acquiesced in,

would have effectually established despotism in this country. Here he was

directly prompted by the government, and it is surprising that this

proceeding should so little have attracted the notice of historians who

have dwelt upon the arbitrary measures of the reign of Charles II. The

object was to put down all free discussions, and all complaints against

misrule, by having, in addition to a licenser, a process of _injunction_

against printing--to be summarily enforced, without the intervention of a

jury, by fine, imprisonment, pillory, and whipping. There was then in

extensive circulation a newspaper called "The Weekly Pacquet of Advice

from Rome, or the History of Papacy," which reflected severely upon the

religion now openly professed by the Duke of York and secretly embraced by

the king himself. In Trinity term, 1680, an application being made to the

Court of King's Bench, on the ground that this newspaper was libellous,

Scroggs, with the assent of his brother judges, granted a rule absolute in

the first instance, forbidding the publication of it in future. The editor

and printer being served with the rule, the journal was suppressed till

the matter was taken up in the House of Commons, and Scroggs was

impeached.

The same term he gave the crowning proof of his servility and contempt of

law and of decency. Shaftesbury, to pave the way for the exclusion bill,

resolved to prosecute the Duke of York as a "Popish recusant." The heir

presumptive to the throne was clearly liable to this proceeding and to all

the penalties, forfeitures, and disqualifications which it threatened, for

he had been educated a Protestant, and, having lately returned from

torturing the Covenanters in Scotland, he was in the habit of

ostentatiously celebrating the rites of the Romish religion in his chapel

in London. An indictment against him was prepared in due form, and this

was laid before the grand jury for the county of Middlesex by Lord

Shaftesbury, along with Lord Russell, Lord Cavendish, Lord Grey de Werke,

and other members of the country party. This alarming news being brought

to Scroggs while sitting on the bench, he instantly ordered the grand jury

to attend in court. The bailiff found them examining the first witness in

support of the indictment; but they obeyed orders. As soon as they had

entered the court, the chief justice said to them, "Gentlemen of the grand

jury, you are discharged, and the country is much obliged to you for your

services."

There were two classes whom he had offended, of very different character

and power--the witnesses in support of the Popish plot, and the

exclusionist leaders. The first began by preferring articles against him

to the king in council, which alleged, among other things, that at the

trial of Sir George Wakeman "he did browbeat and curb Dr. Titus Oates and

Captain Bedloe, two of the principal witnesses for the king, and encourage

the jury impanelled to try the malefactors to disbelieve the said

witnesses, by speaking of them slightingly and abusively, and by omitting

material parts of their evidence; that the said chief justice, to

manifest his slighting opinion of the evidence of the said Dr. Titus Oates

and Captain Bedloe in the presence of his most sacred majesty and the

lords of his majesty's most honorable Privy Council, did dare to say that

Dr. Titus Oates and Captain Bedloe always had an accusation ready against

any body; that the said lord chief justice is very much addicted to

swearing and cursing in his common discourse, and to drink to excess, to

the great disparagement of the dignity and gravity of his office."

It seems surprising that such charges, from such a quarter, against so

high a magistrate, should have been entertained, although he held his

office during the pleasure of the crown. The probability is that, being in

favor with the government, it was considered to be the most dexterous

course to give him the opportunity of being tried before a tribunal by

which he was sure of being acquitted, in the hope that his acquittal would

save him from the fangs of an enraged House of Commons.

He was required to put in an answer to the articles, and a day was

appointed for hearing the case. When it came on, to give great _éclat_ to

the certain triumph of the accused, the king presided in person. Oates and

Bedloe were heard, but they and their witnesses were constantly

interrupted and stopped, on the ground that they were stating what was not

evidence, or what was irrelevant; and, after a very eloquent and witty

speech from the chief justice, in the course of which he caused much

merriment by comments on his supposed immoralities, judgment was given

that the complaints against him were false and frivolous.

But Shaftesbury was not so easily to be diverted from his revenge. On the

meeting of Parliament he caused a motion to be made in the House of

Commons for an inquiry into the conduct of Lord Chief Justice Scroggs in

discharging the Middlesex grand jury and in other matters. A committee was

accordingly appointed, which presented a report recommending that he

should be impeached. The report was adopted by a large majority, and

articles of impeachment were voted against him. These were _eight_ in

number. The _first_ charged in general terms "that the said William

Scroggs, chief justice of the King's Bench, had traitorously and wickedly

endeavored to subvert the fundamental laws and the established religion

and government of the kingdom of England." The _second_ was for illegally

discharging the grand jury, "whereby the course of justice was stopped

maliciously and designedly--the presentments of many Papists and other

offenders were obstructed--and in particular a bill of indictment against

James, Duke of York, which was then before them, was prevented from being

proceeded upon." The _third_ was founded on the illegal order for

suppressing the Weekly Pacquet newspaper. The three following articles

were for granting general warrants, for imposing arbitrary fines, and for

illegally refusing bail. The _seventh_ charged him with defaming and

scandalizing the witnesses who proved the Popish plot. The _last_ was in

these words: "VIII. 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 answerably to the dignity of so

eminent a station; yet, on the contrary thereof, he doth, by his frequent

and notorious excesses and debaucheries, and his profane and atheistical

discourses, daily affront Almighty God, dishonor 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."

These articles were carried to the House of Peers by Lord Cavendish, who

there, in the name of all the Commons of England, impeached Chief Justice

Scroggs for "high treason, and other high crimes and misdemeanors."

The articles being read, the accused, who was present, sitting on the

judge's woolsack, was ordered to withdraw. A motion was then made, that he

be _committed_; but the previous question was moved and carried, and a

motion for an address to suspend him from his office till his trial should

be over, was got rid of in the same manner. He was then called in, and

ordered to find his bail in £10,000, to answer the articles of

impeachment, and to prepare for his trial.

Luckily for him, at the end of three days the Parliament was abruptly

dissolved. It would have been difficult to make out that any of the

charges amounted to _high treason_; but in those days men were not at all

nice about such distinctions, and a dangerous but convenient doctrine

prevailed, that, upon an impeachment, the two Houses of Parliament might

retrospectively declare any thing to be treason, according to their

discretion, and punish it capitally. At any rate, considering that the

influence of Shaftesbury in the Upper House was so great, and that Halifax

and the respectable anti-exclusionists could not have defended or

palliated the infamous conduct of Scroggs, had his case come to a hearing,

he could not have got off without some very severe and degrading

punishment.

Although he escaped a judicial sentence, his character was so blown upon,

and juries regarded him with such horror, and were so much inclined to go

against his direction, that the government found that he would obstruct

instead of facilitating their designs against the whig leaders, and that

it was necessary to get rid of him. After the dissolution of the Oxford

Parliament the court was completely triumphant, and, being possessed for a

time of absolute power, had only to consider the most expedient means of

perpetuating despotism, and wreaking vengeance on the friends of freedom.

Before long, Russell, Sydney, and Shaftesbury were to be brought to trial,

that their heads might pay the penalty of the Exclusion Bill; but if

Scroggs should be their judge, any jury, whether inclined to Protestantism

or to Popery, would probably acquit them.

Accordingly, in the beginning of April, to make room for one who, it was

hoped, would have more influence with juries, and make the proceedings

meditated against the city of London and other corporations pass off with

less discredit, while he might be equally subservient, Sir William Scroggs

was removed from his office of chief justice of the King's Bench. So low

had he fallen, that little regard was paid to his feelings, even by those

for whom he had sacrificed his character and his peace of mind; and,

instead of a "resignation on account of declining health," it was abruptly

announced to him that a _supersedeas_ had issued, and that Sir FRANCIS

PEMBERTON, who had been a puisne judge under him, was to succeed him as

chief justice.

His disgrace caused general joy in Westminster Hall, and over all England;

for, as Jeffreys had not yet been clothed in ermine, the name of Scroggs

was the by-word to express all that could be considered loathsome and

odious in a judge.

He was allowed a small pension, or retired allowance, which he did not

long enjoy. When cashiered, finding no sympathy from his own profession,

or from any class of the community, he retired to a country house which he

had purchased, called Wealde Hall, near Brentwood, in Essex. Even here,

his evil fame caused him to be shunned. He was considered by the gentry to

be without religion and without honor; while the peasantry, who had heard

some vague rumors of his having put people to death, believed that he was

a murderer, whispered stories of his having dealings with evil spirits,

and took special care never to run the risk of meeting him after dark. His

constitution was undermined by his dissolute habits; and, in old age, he

was still a solitary selfish bachelor. After languishing, in great misery,

till the 25th day of October, 1683, he then expired, without a relation or

friend to close his eyes. He was buried in the parish church of South

Wealde; the undertaker, the sexton, and the parson of the parish, alone

attending the funeral. He left no descendants; and he must either have

been the last of his race, or his collateral relations, ashamed of their

connection with him, had changed their name; for, since his death, there

has been no Scroggs in Great Britain or Ireland. The word was long used by

nurses to frighten children; and as long as our history is studied, or our

language is spoken or read, it will call up the image of a base and

bloody-minded villain. With honorable principles, and steady application,

he might have been respected in his lifetime, and left an historical

reputation behind him. "He was a person of very excellent and nimble

parts," and he could both speak and write our language better than any

lawyer of the seventeenth century, Francis Bacon alone excepted. He seems

to have been little aware of the light in which his judicial conduct would

be viewed; for it is a curious fact that the published reports of the

State Trials at which he presided were all revised and retouched by

himself; and his speeches, which fill us with amazement and horror, he

expected would be regarded as proofs of his spirit and his genius. He had

excellent natural abilities, and might have made a great figure in his

profession; but was profligate in his habits, brutal in his manners, with

only one rule to guide him--a regard to what he considered his own

interest--without a touch of humanity, wholly impenetrable to remorse.

Atrocious Judges : Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression · 第 12 / 18 章