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Sir William Scroggs

Sir William Scroggs (c. 1623 – 25 October 1683) was Lord Chief Justice of England from 1678 to 1681. He is best remembered for presiding over the Popish Plot trials, where he was accused of showing bias against the accused.

Youth and early career

Scroggs was the son of an Oxford landowner; the story of him being the son of a butcher of sufficient means to give his son a university education is merely a rumour, although one which was widely believed. He spent his youth in Stifford. He went to Oriel College, and later to Pembroke College, Oxford, where he graduated in 1640, having acquired a fair knowledge of the classics. There is some evidence that he fought on the royalist side during the Civil War; certainly, his loyalty to the Crown was never doubted in later years. In 1653 he was called to the bar, and soon gained good practice in the courts.

He was appointed a judge of the Common Pleas in 1676. Two years later he was promoted to the office of Lord Chief Justice on the recommendation of the Earl of Danby, the King's chief minister, who was his patron, and knew that he was both a good lawyer and a staunch supporter of the Crown. His hatred of Roman Catholic priests, which was to play so large a part in the Popish Plot trials, was not a fault in the eyes of Danby, who although he was the son of a Catholic mother, adhered to his father's Protestant faith. The King, although he was himself in all but outward appearance a Catholic, also accepted the need to maintain a public appearance of conformity to the Church of England, and to favour staunchly Protestant officeholders. Also, like Danby, he was anxious that the High Court judges should be good "King's men".

Scroggs on Roman Catholicism

Scroggs was noted for his violent hatred of, and public outbursts against Catholic priests. His attitude towards Catholic laymen was far less hostile: even in 1678, at the height of the Plot fever, he admitted that there were hundreds of honest Catholic gentlemen in England who would never engage in any conspiracy against the King. Lay Catholics who gave evidence at the Plot trials were, in general, accorded more courtesy than were priests: at the trial of Sir George Wakeman, Ellen Rigby, the former housekeeper of the Benedictine order's house in London, was treated by Scroggs (who was reputed to be something of a misogynist) with the utmost respect.

Lord Chief Justice and the Popish Plot

As Lord Chief Justice, Scroggs presided at the trial of the persons denounced by Titus Oates and other informers for complicity in the fabricated "Popish Plot". He seems to have been a sincere believer in the existence of the Plot, as was much of the general public and Parliament, but he did nothing to test the credibility of witnesses like Oates, William Bedloe, Miles Prance and Thomas Dangerfield, even though he knew well that Bedloe and Dangerfield were leading figures in the criminal underworld. Another leading informer, Stephen Dugdale, was arguably a case apart as he was a person of good social standing, and was generally regarded as "a man of sense and temper", with "something in his manner which disposed people to believe him". Scroggs, like many others (even the King, who was in general a complete sceptic about the veracity of the Plot), can be excused for finding his evidence credible, at least in the early stages of the Plot.

Scroggs turns against the Plot

It was only when, in July of the same year, Oates's accusation against the Queen's physician, Sir George Wakeman, appeared likely to involve the Queen herself in the ramifications of the plot, that Scroggs began to think matters were going too far; he was probably also influenced by the discovery that the Court regarded the plot with disbelief and disfavour, and that the Country Party led by Lord Shaftesbury had less influence than he had supposed with the King. The Chief Justice on this occasion threw grave doubt on the trustworthiness of Bedloe and Oates as witnesses, and warned the jury to be careful in accepting their evidence. Wakeman and three priests, including the leading Benedictine Maurus Corker, who were tried with him, were duly acquitted. Scroggs for the first time observed that even a Catholic priest might be innocent of anything but being a priest (which was itself a capital crime under the Jesuits, etc. Act 1584, although Corker and the others were spared the death penalty, and were all released after spending some time in jail).

This inflamed public opinion against Scroggs, for the popular belief in the plot was still strong. He was accused of taking bribes from the Portuguese Ambassador, the Marquis of Arronches, acting on behalf of the Portuguese-born Queen, to secure Wakeman's acquittal. In the circumstances, the decision of the Ambassador to call on Scroggs the day after the trial to thank him for securing an acquittal has been described as an act of "incredible folly'.

In August 1679 the King fell desperately ill at Windsor, and for some days his life was despaired of. Scroggs, fearing for his future, rushed to Windsor to find the King making a slow recovery: seeing Scroggs hovering anxiously in the background, the King told him that he had nothing to fear: "for we shall stand or fall together".

Scroggs continued in his poor treatment of Catholic priests who came before him for trial, as he showed when he sentenced Andrew Bromwich to death at Stafford in the summer of 1679 (although it must be said that he recommended Bromwich for mercy, and he was duly reprieved). Nevertheless, his proposing the Duke of York's health at the Lord Mayor's dinner a few months later, in the presence of Shaftesbury, indicated his determination not to support the Exclusionists against the known wishes of the King. At the opening of the Michaelmas Term he delivered a speech on the need for judicial independence: "the people ought to be pleased with public justice and not justice seek to please the people... justice should flow like a mighty stream... neither for my part do I think we live in so corrupted an age that no man can with safety be just and follow his own conscience." Kenyon remarks that whatever Scroggs's faults, this speech shows that he was far more than the "brainless bully" he is sometimes portrayed as.

Last years on the Bench

Acting in the assurance of popular sympathy, Oates and Bedloe now arraigned the Chief Justice before the Privy Council for having discredited their evidence and misdirected the jury in the Wakeman case, accusing him at the same time of several other misdemeanours on the bench. In January 1680 the case was argued before the Council and Scroggs was acquitted. Scroggs repeated the attacks he had made on Oates' credibility at Wakeman's trial, and the King expressed his full confidence in him. At the trials of Elizabeth Cellier and of Lord Castlemaine in June of the same year, both of whom were acquitted, he discredited Dangerfield's evidence, calling him "a notorious villain ... he was in Chelmsford gaol", and on the former occasion committed the witness to prison. In the same month, he discharged the grand jury of Middlesex before the end of term in order to save the Duke of York from indictment as a popish recusant, a proceeding which the House of Commons declared to be illegal, and which was made an article in the impeachment of Scroggs in January 1681. The dissolution of Parliament put an end to the impeachment, but the King now felt secure enough to dispense with his services, and in April Scroggs, much it seems to his own surprise, was removed from the bench, although with a generous pension. He retired to his country home at South Weald in Essex; he also had a townhouse at Chancery Lane in London, where he died on 25 October 1683.

Family

The grave of Elizabeth Scroggs, Lincoln Cathedral
Memorial of Elizabeth Scroggs, Lincoln Cathedral

Scroggs married Anne Fettyplace (d. 1689), daughter of Edmund Fettyplace of Berkshire: they had four children:

Legal writings

Scroggs was the author of a work on the Practice of Courts-Leet and Courts-Baron (published posthumously in London, 1701), and he edited reports of the state trials over which he presided.

Authorities

  • William Cobbett, Complete Collection of State Trials (vols. i.-x. of State Trials, 33 vols, London, 1809)
  • Roger North, Life of Lord Guilford, etc., edited by A Jessopp (3 vols, London, 1890), and Examen (London, 1740)
  • Narcissus Luttrell, A Brief Relation of State Affairs, 1678-1714 (6 vols, Oxford, 1857)
  • Anthony à Wood, Athenae Oxonienses, edited by P Bliss (4 vols, London, 1813–1820)
  • Correspondence of the Family of Hatton, edited by Edward Maunde Thompson (2 vols, Camden Society 22, 23, London, 1878)
  • Lord Campbell, Lives of the Chief Justices of England (3 vols, London, 1849–1857)
  • Edward Foss, The Judges of England (9 vols, London, 1848–1864)
  • Sir JF Stephen, History of the Criminal Law of England (3 vols, London, 1883)
  • Harry Brodribb Irving, Life of Judge Jeffreys (London, 1898).
  • John Philipps Kenyon The Popish Plot Phoenix Press Reissue 2000

See also

  • Weald Hall
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