ARTICLES OF High Misdemeanours, Humbly offered and Presented to the Consideration of His Most Sacred Majesty, AND HIS Most Honourable Privy COUNCEL, AGAINST Sir William Scrogs Lord Chief Justice of the KINGS BENCH, Exhibited by Dr, Oats, and Captain Bedlow, Together with his Lordships Answer thereunto.
I.
THat the said Lord Chief Justice, contrary to his Oath, the Duty of his Place, in contempt of the King, his Crown and Dignity, did set at Liberty several persons accused upon Oath before him of High Treason, without their being ever Tryed, or otherwise acquitted; as namely the Lord Brudenell, &c.
II.
That at the Tryal of Sir George Wakeman and others, at the Sessions-House in the Old Bayly, for High Treason, the said Lord Chief Justice (according to the Dignity of his place) managing the said Tryal, did brow-beat and curb Dr. Titus Oates and Mr. William Bedlow, two of the principal Witnesses for the King in that Case, and encourage the Jury impanelled and sworn to try the Malefactors, against the said Witnesses, by his publick speaking slightly and abusively against them and their Evidence, and the mis-repeating and omitting of material parts of their Evidence, whereby the parties Indicted were by the said Jury acquitted of the Fact then charged against them, and fully proved by the said Witnesses.
III.
That the said Lord Chief Justice, after the Tryal of the said Sir George Wakeman and others for High Treason as aforesaid, in the further abuse of the said Dr. Titus Oates aud Mr. William Bedlow, and in their great disparagement speaking of them, said, That before the Tryal of Sir George Wakemen (meaning the aforesaid Tryal) the Witnesses (meaning the aforesaid Dr. Titus Oates and the said Mr. William Bedlow) were to be believed, but that at and after the said Tryal, they were not to be believed by him, nor should not be believed by him; or to that very effect.
IV.
That the said Lord Chief Justice, by reason of his Office, hath taken upon him the power to oppress by Imprisonment his Majesties Loyal Subjects, namely Henry Care, for writing and causing to be printed divers single-sheet Books in English, called The Pacquet of Advice from Rome, for the information and discovery of the Idolatrous Errors and Impieties of the Romish Church, to his Majesties Loyal and obedient Protestant Subjects, (in this conjucture of time very useful) although the said Lord Chief Justice neither did, not could alledge or charge the said Care with any thing contained in the said Book, that was any ways criminal or derogatory to his Majesties Laws, Crown or Dignity; and refuses to take very good Bail for him, though offered, and afterwards less Bail taken for him upon his Habeas Corpus in Court: But by the said Lord Chief Justice's means, he was continued bound all the Term to his good behaviour, and at the end thereof until the next Term, although no particular Crime was or could be proved against him, or laid to his charge.
V.
That to the great oppression of his Majesties Loyal Subjects, the said Lord Chief Justice, contrary to Law, and in manifest breach of his Oath, hath without any reasonable cause imprisoned a Feme Covert, and also divers other his Majesties said Subjects, and refused to take Bail, though tendred, and the Matter Bailable, as in the case of Mrs. Jane Curtis, Mr. Francis Smith, &c.
VI.
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 said place. He did in his common discourse at Dinner at a Gentlemans house of Quality, publickly and openly use and utter many Oaths and Curses, and there drink to excess.
VII.
That Charles Price being accused upon Oath, before the said Lord Chief Justice to be a Popish Priest and Jesuit, and Imprisoned for the same, and also divers other Persons accused upon Oath for High Treason, as namely Sir Francis Mannock, Richard Vaughan Esq and Daniel Arther Merchant, the said Lord Chief Justice set at large upon Bail, without consulting his Majesties Councel, or his witnesses, and against their consent, divers of which Persons have not since appeared, but have forfeited their Recognizances, and the persons not to be found.
VIII.
That the said Lord Chief Justice, to the great discouragement of his Majesties Loyal Protestant Subjects, to the manifest Incouragement of the Roman Catholick Subjects, when Information hath been duly and legally given to him of the aboad, or person of a Popish Priest or Jesuit, and a Warrant desired from him to take or search for such Priests or Jesuits; he hath in a slighting and scornful manner refused the same, and bid the Informer go to Sir William Waller, who busied himself in such matters mainly.
IX.
That at the Tryal of Knox and Lane, at the Barr of the Kings-Bench-Court, for their misdemeanors, in endeavouring to take away the Credit of Dr. Titus Oates, and Mr. William Bedlow, two of the principal Witnesses for his Majesty, in the proving of the Conspiracy and Conspirators against his Majesties Life, and Government of these Kingdoms of England, Scotland, and Ireland, the destruction of the Protestants and Protestant Religion, and introducing and setling of Popery there, although the Evidence was so full and clear against them, that the Jury found them guilty without going from the Bar; yet the said Lord Chief Justice, in further discouragement and disparaging the Evidence of the said Dr. Titus Oates and Mr. William Bedlow, would not, nor did not give any Charge to the Jury therein, but rose up suddenly, after the Evidence closed by the Council, and left the said Court abruptly, before the said Jury had given in their Verdict.
X.
That the said Lord Chief Justice, knowing that one Will. Osborn was in the Conspiracy and Contrivance with the said Knox and Lane, in the last Article mentioned, to take away the Credit of the said Dr. Titus Oates and Mr. William Bedlow, and knowing the said Dr. Titus Oates and Mr. William Bedlow to be material Witnesses for his Majesty, in proving of the Conspiracy and Conspirators in the said last Article mentioned, and had been so against several of the said Conspirators that had been tryed, and were to be so against several others of the said Conspirators that were impeached or accused for the said High-Treason, and were to be tryed for the same; and knowing the said Will. Osborn had been detected before the Lords in Parliament assembled, for his said Conspiracy and Contrivance with the said Knox and Lane; and that upon his own Oath, thereupon denying the Fact in their said Conspiracy and Contrivance to be true, yet out of his malice to the said Dr. Titus Oats. and Mr. William Bedlow, and in as much as in him lay to endeavour the disparagement, if not the suppressing of the further discovery of that Hellish and damnable Plot, the said Lord Chief Justice, without the knowledge, consent, or approbation of his Majesty, or any of his Learned Council in the Law, or the said Dr. Titus Oates, or Mr. William Bedlow, did voluntarily give the said Osborn liberty to make an Affidavit before him upon Oath, of the truth of the said Fact, he had before as aforesaid denied upon his Oath, with intent that the same might be made use of against the said Dr. Titus Oates, and Mr. William Bedlow, to their disparagement, and the apparent prejudice of his Majesty, against the said Conspirators, in the said High-Treason.
XI.
That he the said Lord Chief Justice, to manifest his slighting opinion of the Evidence of the said Dr. Titus Oates and Mr. William Bedlow, in the presence of his most Sacred Majesty, and the Right Honourable the Lords and others of his Majesties most Honourable Privy Council, did dare to say, That he had thought that Dr. Titus Oates and Mr. William Bedlow always had an accusation ready against any body.
XII.
That at the Assize holden at Monmouth last, the said Lord Chief Justice, in the presence of several Justices of the Peace for the said County, did say to Mr. William Bedlow, that he did believe in his Conscience, that Richard Langhorn, whom he condemned, died wrongfully, to the great disparagement of his Majesties Crown and Dignity, the Justice of the Court, the Jury and Evidence.
XIII.
That the said Lord Chief Justice, contrary to the Dignity of his Place, did make Merchandize of the Trials of certain Priests to be tried in Staffordshire, and took twenty Guinneys in earnest; then sold the said Trials to other persons, refusing to return the said twenty Guinneys to those from whom he had received them. And furthermore, before the Trial of Sir George Wakeman, he the said Lord Chief Justice did bargain with two Book-sellers for one hundred and fifty Guinneys for them to Print the Trials, and in case they would not lay down the Money before he went into the Court, he would not go into the Court, but would go into the Countrey; and if the said Trial, by reason of its length, could not be finished in one day, he would have a hundred Guinneys more, or to that very effect.
THE ANSWER OF S r William Scroggs K t LORD CHIEF JUSTICE OF THE Kings-bench, TO THE ARTICLES OF M r. TITUS OATES AND M r. WILLIAM BEDLOE.
1. TO the first he saith, That the Lord Brudnell was Bailed by the Court of the Kings-bench in open Court, and afterwards by the Court discharged; with this, See the Rules of Court. That William Bedloe did importune the Lord Westmoreland to get the said Lord Brudnell discharged, for that he had nothing to say against him, as he said to the Lord Westmoreland.
[Page 6] 2. To the second he saith, That as to his omitting or misrepeating the Evidence at Sir George Wakeman's Tryal, it is a reflection upon the whole Court, to suppose it true, and that they should let it pass. But he saith, that Mr. Oates being askt at that Tryal why he did not charge Sir George Wakeman at the Council-Table with a Letter under his own hand concerning the Death of the King, he answered, He did not know but that he did: To which it was replied, It is plain he did not; for then the Council would have committed him. To which Mr. Oates replied, That that Council would commit no body for the Plot; which might be the cause of the misdemeanour of frowning in the Articles mentioned.
3. To the third he saith, He doth not remember that ever he express'd much concerning their Credit before their Tryal; but that there were some passages at that Tryal which gave him great cause of doubt; which he hopes he might do, without making it an Article of Mismeanour.
4. & 5. To the fourth and fifth he saith, That the Persons in the Articles mentioned, were committed by him for publishing several Libellous and Scandalous Papers, which were proved against them upon Oath; which Commitments, even of a Feme Covert also, notwithstanding Mr. Oates and Mr. Bedloe's Skill, were according to Law: though there is no Law for these persons to call me to account for Judicial acts done upon other men.
6. To the sixth, which is an insolent Scandal, he referreth himself to the testimony of that Gentleman of Quality, whoever he be.
7. To the seventh he saith, That the persons in this Article were Bayled and discharged by the Court, where the Attorney-General was first called; but indeed Mr. Oates and Mr. Bedloe's Consent was not askt.
[Page 7] 8. To the eighth, he saith, He conceives himself not obliged to do all the business that Justices of the Peace may do; and though without an offence he might have given such an answer as is mentioned, yet he did not, but a servant of his did.
9. To the ninth he saith, That when the Cause was tryed, he told the Jury the matter was plain, and so did the rest of the Court; upon which he went away, without any Complement to Mr. Oates, to try Causes in London.
10. To the tenth he saith, that Osbourne made onely two Affidavits before him, the substance of one was, That one Bowring a servant to Mr. Oates had said, that he had heard Mr. Oates say, That the Kingdom of England would never flourish, until it became Elective, and the Kings chosen by the People. The other Affidavit was, when he was sent to him by an Order of Council to be Examined, wherein amongst other things he Swears, That though at the Tryal of Knox and Lane, it was asked where Osborne was, and Mr. Oates his Counsel answered that he was fled, yet Osborne swears, that he at that time was at his Fathers House in the Country, and that Mr. Oates knew it; That he took his leave of him the day before he went, and told whither he went, and saw a Letter wrote by Mr. Oates to his Father to send for him; notwithstanding it was carred at the Tryal as if he had been fled no man knew whither; so that the Affidavit which the Article chargeth me for permitting to be made, was not Sworn before me.
11. He saith, it is more to be wondred how Mr. Oates should dare to Charge that as an Article of Misdeameanour, which was said in the Kings presence, and yet repeated falfe too.
12. That at Monmouth Assizes he did tell Mr. Bedloe, that [Page 8] he was more unsatisfied about Mr. Langhorns Tryal than all the rest; and the rather, for that he was credibly informed since the Tryal, that Mr. Langhorns Study was so scituated, that he that walked in his Chamber could not see Mr. Langhorne write in his Study: which was Mr. Bedloes Evidence.
13. He saith, the matter complained of is a meer Contract with other Men, of which he thinks himself not bound to give Mr. Oates and Mr. Bedloe any other Account, but that by the taking of Twenty Guinies he lost forty; and that his backwardness to go into Court to Wakemans Tryal, makes it look as if he had not had Ten thousand pound to favour Wakeman in this Tryal.
If these Articles shall appear to your Majesty to be Frivolous, or Scandalous, or not true; I humbly pray your Majesties just Resentment thereon, in HONOUR TO YOUR COURTS AND GOVERNMENT.
And that such an unknown Attempt may not go unpunished; That the Promoters may be left to be proceeded against according to Law.
The Articles of Dr. Titus Oates and Mr. William Bedloe, against the Lord Chief Justice Scroggs, were heard this 21th of January, 1679. before the King and Council; and upon the hearing of both sides, Dr. Oates and Captain Bedloe are left to be proceeded against according to Law.