The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
Sir William Scroggs, Chief Justice of the court of king’s bench, was a
man of a type not uncommon in the seventeenth century. He was vulgar
and profligate, a great winebibber, stained by coarse habits and the
ignorant prejudices common to all of his day but the most temperate
and learned, but a man of wit, shrewdness, strong character, and
master of the talents which were necessary to secure success in the
legal profession as it then was.[711] The prominent position into
which he was brought by the trials for the Popish Plot has earned for
him a reputation for evil second in the history of the English law
courts only to that of Jeffreys. He has been accused of cowardice,
cruelty, time-service, of allowing his actions on the bench to be
swayed by party spirit, and of using his position with gross injustice
to secure the conviction of men who were obnoxious to the popular
sentiment. These charges cannot be substantiated. When the evidence
of interested partisans by whom he was lauded or abused is stripped
away, they rest on two grounds: the fact that he presided at trials
where men were condemned for the Popish Plot, and at one where men were
acquitted of similar charges; and the nature of his speeches in court
at those trials. It was said that he obtained the acquittal of Sir
George Wakeman because he realised that the king “had an ill opinion”
of the Plot, and because he had been told that the popular leaders
had no support at court; and that he had taken an opposite course at
the previous trials because he believed the contrary to be true.[712]
These statements have passed for truth ever since they were made, and
have been repeated by one writer after another. They were in fact
feeble attempts to explain what their authors did not understand. They
are contradicted not only by the statements of other contemporaries,
which are of small weight, but by the whole course of the Lord Chief
Justice’s action and the circumstances by which he was surrounded.
From the very outbreak of the Popish Plot it was notorious in official
circles that the king discredited the evidence offered by the
informers.[713] It is absurd to suppose that Scroggs was ignorant of
the fact. If anything, Charles was rather more inclined to believe in
the Plot in the spring of 1679 than on Oates’ first revelations.[714]
No judge could possibly have expected to gain favour at court by an
exhibition on the bench of zeal which was directed against the court.
Still more absurd is it to suppose that a man in the position of the
Lord Chief Justice should have imagined that the Earl of Shaftesbury
exercised a favoured influence over the king’s mind. Nor does Scroggs’
conduct on the bench afford good ground for these accusations. His
behaviour in the test case, the trial of Sir George Wakeman, was
exactly the same as it had been in all the previous trials, and exactly
the same as it was at the later trials over which he presided, whether
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