Articles of high misdemeanours humbly offer'd 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. Scroggs, William, Sir, 1623?-1683, defendant. 1680 Approx. 16 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A53337 Wing O29 ESTC R13287 12570058 ocm 12570058 63427 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53337) Transcribed from: (Early English Books Online ; image set 63427) Images scanned from microfilm: (Early English books, 1641-1700 ; 770:6) Articles of high misdemeanours humbly offer'd 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. Scroggs, William, Sir, 1623?-1683, defendant. Oates, Titus, 1649-1705. Bedloe, William, 1650-1680. 8 p. s.n., [London : 1680] Caption title. "The answer of Sir William Scroggs" p. 5-8. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scroggs, William, -- Sir, 1623?-1683. Oates, Titus, 1649-1705. Bedloe, William, 1650-1680. Treason -- England. 2004-11 TCP Assigned for keying and markup 2004-12 Aptara Keyed and coded from ProQuest page images 2005-01 Mona Logarbo Sampled and proofread 2005-01 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion 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 , 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 . 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 . 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 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. FINIS . Notes, typically marginal, from the original text Notes for div A53337-e1060 See the Rules of Court.