State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

Articles of Impeachment of Sir William Scroggs, Chief Justice of the Court of King's-Bench, by the Commons in this present Parliament Assembled, in their own Name, and in the Name of all the Commons of England, of High-Treason; and other great Crimes and Misde∣meanors.

I.

THat he the said Sir William Scroggs, then being Chief Justice of the Court of King's-Bench, hath traiterously and wickedly endeavoured to subvert the Fundamental Laws, and the Establisht Religion and Government of this Kingdom of England; and instead thereof, to introduce Popery, and an Arbitrary and Tyrannical Government,

against Law; which he has declared by divers Traiterous, and Wicked Words, Opi∣nions, Judgments, Practices and Actions.

II.

That he, the said Sir William Scroggs, in Trinity Term last, being then Chief Justice of the said Court, and having taken an Oath duly to Administer Justice, according to the Laws and Statutes of this Realm, in pursuance of his said Traiterous Purposes, did, together with the rest of the said Justices of the same Court, several days before the end of the said Term, in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex, before they had made their Presentments, or had found several Bills of Indictment, which were then before them; whereof the said Sir William Scroggs was then fully informed: and that the same would be tendered to the Court upon the last day of the said Term, which day then was, and by the known Course of the said Court, hath always here∣tofore been given unto the said Jury for the delivering in of their Bills and Present∣ments, by which sudden and illegal Discharge of the said Jury, the Course of Justice was stopt maliciously and designedly, the Presentments of many Papists and other Of∣fenders were obstructed; and in particular, a Bill of Indictment against James Duke of York, for absenting himself from Church, which was then before them, was pre∣vented from being proceeded upon.

III.

That whereas one Henry Carr, had for some time before Publish'd every week a certain Book, Intituled The weekly Packet of advice from Rome: Or, the History of Popery, wherein, the Superstitions and Cheats of the Church of Rome were from time to time exposed; he the said Sir William Scroggs, then Chief Justice of the Court of King's Bench, together with the other Judges of the said Court, before any Legal Conviction of the said Carr of any Crime, did in the same Trinity Term, in a most Illegal and Arbitra∣ry manner, make, and cause to be entred, a certain Rule of that Court, against the Print∣ing of the said Book, in Haec Verba.

Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis, Anno 32 Car. II. Regis.

ORdinatum est quod Liber intitulat' The weekly Packet of Advice from Rome: Or, The History of Popery, Non ulterius imprimatur vel publicetur per aliquam perso∣nam quamcunque.

Per Cur'

And did cause the said Carr, and divers Printers, and other Persons to be served with the same; which said Rule and other Proceedings were most apparently con∣trary to all Justice, in Condemning, not only what had been written without hear∣ing the Parties, but also all that might for the future be written on that Subject; A manifest countenancing of Popery, and discouragement of Protestants; an open In∣vasion upon the Right of the Subject, and an encroaching and assuming to them∣selves a Legislative Power and Authority.

IV.

That he the said Sir William Scroggs, since he was made Chief Justice of the King's-Bench, hath, together with the other Judges of the said Court, most notori∣ously departed from all Rules of Justice and Equality, in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court; and particularly in the Term of Easter last past, did openly declare in the said Court, in the Case of one Jessop, who was convicted of Publishing False News, and was then to be sined, That he would have regard to Persons and their Principles, in imposing of Fines, and would set a Fine of 500 l. on one Person for the same Offence, for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration, he the said Sir Will. Scroggs, together with the said other Justices, did then impose a Fine of 100 l. upon the said Jessop, although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News; and afterwards, in the same Term, did fine the said Hewit upon his said Conviction,

only five Marks. Nor hath the said Sir Will. Scroggs, together with the other Judges of the said Court, had any regard to the Nature of the Offences, or the Ability of the Persons, in the imposing of Fines; but have been manifestly partial and favou∣rable to Papists, and Persons affected to, and promoting the Popish Interest, in this time of imminent Danger from them: And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects, as will appear upon view of the several Records of Fines set in the said Court: By which arbitrary, unjust, and partial Proceedings, many of his Majesty's Liege People have been ruined, and Popery countenanced under colour of Justice; and all the Mischiefs and Excesses of the Court of Star-Chamber, by Act of Parliament suppressed, have been again, in direct opposition to the said Law, introduced.

V.

That he the said Sir Will. Scroggs, for the further accomplishing of his said traite∣rous and wicked Purposes, and designing to subject the Persons as well as the Estates of his Majesty's Liege People, to his lawless Will and Pleasure, hath frequently re∣fused to accept of Bail, though the same were sufficient, and legally tendered unto him by many Persons accused before him, only of such Crimes for which by Law Bail ought to have been taken; and divers of the said Persons being only accused of Offences against himself; declaring at the same time, That he refused Bail, and committed them to Gaol only to put them to Charges; and using such furious Threats as were to the terrour of his Majesty's Subjects, and such scandalous Expres∣sions as were a dishonour to the Government, and to the Dignity of his Office. And particularly, That he the said Sir Will. Scroggs, did in the Year 1679, commit and detain in Prison, in such unlawful manner; among others, Henry Carr, George Broome, Edw. Berry, Benj. Harris, Francis Smith Sen. Francis Smith Jun. and Jane Cur∣tis, Citizens of London: Which Proceedings of the said Sir Will. Scroggs, are a high Breach of the Liberty of the Subject, destructive to the Fundamental Laws of this Realm, contrary to the Petition of Right, and other Statutes; and do manifestly tend to the introducing of Arbitrary Power.

VI.

That he the said Sir Will. Scroggs, in further Oppression of his Majesty's Liege Peo∣ple, hath since his being made Chief Justice of the said Court of Kings-Bench, in an Arbitrary manner, granted divers general Warrants for Attaching the Persons and Seizing the Goods of his Majesty's Subjects, not named or described particularly in the said Warrants: By means whereof, many of his Majesty's Subjects have been vexed, their Houses entered into, and they themselves grievously oppressed, contrary to Law.

VII.

Whereas there hath been a Horrid and Damnable Plot, contrived and carried on by the Papists, for the Murthering the King, the Subversion of the Laws and Go∣vernment of this Kingdom, and for the Destruction of the Protestant Religion in the same; All which the said Sir William Scroggs well knew, having himself not on∣ly Tried, but given Judgment against several of the Offenders; nevertheless, the said Sir Will. Scroggs did at divers times and places, as well sitting in Court, as otherwise, openly Defame and Scandalize several of the Witnesses, who had proved the said Treasons against divers of the Conspirators, and had given Evidence against divers other Persons, who were then untried, and did endeavour to disparage their Evi∣dence, and take off their Credit, whereby, as much as in him lay, he did traite∣rously and wickedly suppress and stifle the Discovery of the said Popish Plot, and En∣courage the Conspirators to proceed in the same, to the great and apparent Danger of his Majesty's Sacred Life, and of the well-established Government and Religion of this Realm of England.

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 vertuous Conversation, to have given a good Example to the King's Liege People, and to demean himself answer∣able to the Dignity of so Eminent a Station; yet he, the said Sir William Scroggs, on the contrary, by his frequent and notorious Excesses and Debaucheries, and his Prophane and Atheistical Discourses, doth daily affront Almighty God, dishonour

his Majesty, give countenance and incouragement to all manner of Vice and Wick∣edness, and bring the highest scandal on the publick Justice of the Kingdom.

All which Words, Opinions, and Actions of the said Sir William Scroggs, were by him spoken and done, traiterously, wickedly, falsly and maliciously, to alienate the Hearts of the King's Subjects from his Majesty, and to set a Division between him and them, and to subvert the Fundamental Laws, and the Establisht Religion and Government of this Kingdom, and to Introduce Popery, and an Arbitrary and Ty∣rannical Government, and contrary to his own knowledge, and the known Laws of the Realm of England; and thereby he the said Sir William Scroggs hath not only bro∣ken his own Oath, but also as far as in him lay, hath broken the King Oath to his People; whereof he the said Sir William Scroggs representing his Majesty in so high an Office of Justice, had the Custody, for which the said Commons do Im∣peach him the said Sir William Scroggs of the High-Treason against our Sovereign Lord the King, and his Crown and Dignity, and other the High Crimes and Mis∣demeanours aforesaid.

And the said Commons by Protestation saving to themselves the Liberty of Ex∣hibiting at any time hereafter, any other Accusation or Impeachment against the said Sir William Scroggs, and also of Replying to the Answer that he shall make there∣unto, and of Offering proofs of the Premises, or of any other Impeachments or Accusations that shall be by them exhibited against him as the Case shall (accord∣ing to the Course of Parliament) require. Do pray that the said Sir Will. Scroggs, Chief Justice of the Court of King's-Bench, may be put to Answer to all and every the Premises, and may be committed to safe Custody: and that such Proceedings, Examinations, Tryals, and Judgments, may be upon him had and used as is agree∣able to Law and Justice, and the Course of Parliaments.

Resolved, That the said Sir William Scroggs be Impeached upon the said Articles.