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Show 178 ATROCIOUS .JUDGES. [ \.. D. 1GSO. The smne term he gave the crowning proof of his servility nnt1 cont mpt of law und of d 'C 'ncy. Hhnfte8bury, to pave the way for the exdu:3ion bill, rc olvccl to pro. ccute the Duke of York a a " Popbh r ecu ~ ant." The heir presumptive to the throne was clearly liable to this proc<'c<.ling and to all the penalties, forfeitures, and di:f1nalificat ion.~ which it threatened, for he had been cducateJ a Prote:-;tant, and, having lately returned fi·om torturing the Covenanters in Scotland, he wa. in the habit of ostentatiou:3ly celebrnting the rites of the Romish r ligion in his c1Htpel in London. An indictment against hiln was prepared in due form, and this was laid before the grand jury for the county of l\fiudlesex by Lord Shaftesbury, along with L orLl Rus~en, Lord Cavendi ,h, Lord Grey de 'V crke, and othrr 1nen1bcrs of the country party. This alarn1ing news being brought to Scrogg' while sitting on the bench, he in tuntly onlcr d the grand jury to aLtenu in court. The bailiff found then1 exan1ining the fir t witne sin support of the indictment; bnt they oheye<l orders. As soon as they had entered the court, the chief jm;tice aid to them, " Gentlemen of the grnnd jury, you arc di ·charged, and the country is much obligea to you for your services." There were two clas es wh01n he had offenue<.l, of very c:liiferent character and power- the witnesses in support of the Popi.:h plot, and the excln8ioni t lenders. The first began by preferring article. ngain~t hi1n to the king in council, which alle 0 o-ed, amono- olhcr thino-s that at the trial of Sir o o' George \Vaken1an "he diu browbeat and curb Dr. Titus Oate and Captain Bcdloe, two of the principal witnesses for the king, and encourage the jury impanelleu to try the malefactors to uisbelicve the said witncsse ' by speaking of them slightingly and abusively, and hy omitting uu\.tcrial parts A. D.1680.] 1-VILLIA::\I SCROGGS. 179 of their evidence ; that the said cl1ief jnsticc, to manifest his slighting opinion of the evidence of the said Dr. Titus Oates nnd Captain Bedloe in the presence of his most sncred majesty and the lords of his mnje:ty's 1nost honorable Privy Council, did dare to say that Dr. Titus Oates and Captnin Bedloe always had an accusation ready against any Lody ; that the said lord chief justice is very 1nuch a<1dicle<l to swearing and curDing in his common discourse, and to th·ink to excess, to the great disparagement of the dignity ancl gravity of his office." It seems surpri~ing that such charges, fr01n such a quarter, against so high a magistrate, should have been entertained, although he helu his office <luring the pleasure of the crown. The probability is that, be in a- in fh vor \Vith the o-overnrucnt 0 b ' it was con 'ide red to be the n1ost dexterous course to give hin1 the opportunity of being trieu before a tribunal by which he was sure of being acquitted, in the hope that his acquittal would save him fron1 the fangs of an enraged !louse oC Commons. He was requirc<l to put iu an answer to the arLicles, and ~ day was appointed for hearing the ca.~ e. \Vben it came on, to give great eclat to the certain triuinph of the accu ed, the kino- · ,1 1 · 0 presluC<. lrl per.::;on. Oate;:; anu Bc<.llce were heard, ouL they and their witne 'CS \Verc con::;tantly interrupted and stopped, on the ground tlwt they were ~ tating what was not evidence, or what wa irrelevant; and, aflcr n very eloquent and witty speech from the chief ju 'tice, in the course of which he caused much merri1nent by co1nmcnts on hi' supposed im~ oralities, judgment. was given that the complaints against lnm were false and frivolous. But Shaftcsbury wa::; not so easily to be diverted from his |