"realm, and contrary to the Petition of Rights, and other statutes, and "do manifestly tend to the introducing of arbitrary power.

6. "That the said Sir William Scroggs, in further oppression of "His Majesty's liege people, hath, since his being made chief justice "of the said Court of King's 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.”*

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It would be hardly possible to conceive a more direct progress to despotism, than that which these articles describe. The discretion given by the law seems to have been grossly abused, for the purpose of punishing those who were obnoxious to the court. The recollection of the evils here enumerated, and the care of our ancestors to close this avenue to arbitrary power, may be traced in the provisions of the Bill of Rights. It may also be remarked, that the characters which have been handed down to us of the judges of this reign, amply justify the fears that were entertained of their influence. "Lest the means of destroying the best Protestants in England should fail," says Algernon Sydney, in the speech which he left behind him," the Bench was filled with such as had been blemishes to the Bar." Scroggs, Saunders, and Jeffries, unworthy of the name of judges, were the fit tools of a King above the law. Intemperate and scandalous in their private conduct, savage and merciless in the exercise of their public functions, they were fawning to their Sovereign, indulgent to themselves, insolent and overbearing to the prisoners who obtained at their Bar the appearance of

* The following is Mr. Hume's account of this impeachment: -"The chief justice was very obnoxious for dismissing the grand jury in an irregular manner, and thereby disappointing that bold measure of Shaftesbury and his friends. For this crime, the Commons sent up an impeachment against him, as also against Jones and Weston, two of the judges, who, in some speeches from the Bench, had gone so far as to give the first reformers the appellation of fanatics." Vol. viii. p. 145. It must be allowed, that this is either a care less or an unfair representation.

a trial. *

North and Pemberton were more respectable; but the one

was prejudiced, and the other unprincipled.

The impeachment ordered by the Commons could not be brought to a trial before the dissolution of parliament; but Scroggs was soon after removed from the Bench. His disgrace seems to confirm the truth of the charges against him. It is gratifying to find, that, even in the worst times, public opinion may reach those who debase themselves so far as to abuse the sacred name of justice, and, instead of being the organ of the laws, speak from the Bench the language of the Court.

The Commons now passed a vote in consequence of the general cry against corruption, that no member should accept of any office, or place of profit from the Crown, without leave of the House. †

A message from the Lords desired their concurrence to a vote, declaring the existence of a Popish plot in Ireland. In agreeing to this vote, the Commons added another, that the Duke of York's being a Papist, had given great encouragement to this plot, as well as that in England.

The last address of the Commons, insisting on the Exclusion Bill, had created great division in the King's council. Sir William Temple thought that, as there existed a difference between the two Houses on the subject, the King might, with decency, excuse himself from giving any positive answer. But those ministers, who had been branded in the votes of the Commons, thought there now remained no safety for them, but in a total disuse of parliaments. In order to widen the breach, therefore, they drew up an answer, in

* If any one thinks this character too severe, let him look at the portraits of these men by North. See Appendix.

+ There had been great talk of certain conditions to be offered to the King. Lord Russell was to be Governor of Portsmouth; Colonel Titus, Secretary of State; Sir William Jones, Chief Justice; Lord Shaftesbury was to be Lord Treasurer; but he, when he heard of it, fell into a great passion, that he should be thought capable of sacrificing the public good to his private interest. The report of this project caused the self-denying vote mentioned in the text. Such is the account given in James's Life, for the accuracy of which 1 will not vouch.

which the King told the Commons, that he was confirmed in his opinion against the Exclusion Bill, by the judgment of the Lords. Sir William Temple, who neither agreed to the spirit, nor prepared the form of this address, was prevailed upon by the King to deliver it. When he appeared at the Bar of the House, Sir William Jones, who had conceived an affection for him, told him, that for himself, he was old and infirm, and did not expect to live long; " but you," he added, will, in all probability, live to see the whole kingdom "lament the consequences of the message you have now brought us "from the King."

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The manner in which this message was received, shows that the House of Commons were resolved to go all lengths, rather than recede from their favourite measure. Mr. Booth said, that as no expedients in lieu of the Exclusion Bill had been proposed, after two years' consideration, and the endeavour of two successive Parliaments, it was plain that nothing plausible could be offered. He therefore proposed resolutions, declaring, that without that Bill, neither the King, nor the Protestant religion, could be safe; that without it, no money could be given; that lending money by way of advance upon the King's revenue, should be prevented; and that, as some of the King's advisers had been said to have advised a dissolution of parliament, they should be censured. The motion was seconded by Lord Russell, who was for "sticking to the Bill, as the only security; and branding those who had hindered it passing."

This motion brought on a debate upon expedients. A proposal of Sir J. Markham, that the Crown should be settled on the Prince of Orange, jointly with the Duke, was laughed at by the House. Sir L. Jenkins, and Mr. D. Finch, were the only other members who argued in favour of expedients. They were opposed by all the men of ability in the House, and particularly by Colonel Titus; who said, that to accept of expedients, after such a King had mounted the throne, would be as strange as if there were a lion in the lobby, and they should vote to secure themselves by letting him in, and chaining him, instead of keeping him out.

The resolutions passed were the same in substance as those moved by Mr. Booth. By one of these, the House voted an address to the King, to remove the Marquis of Worcester, the Earl of Clarendon, the Earl of Feversham, Mr. L. Hyde, and Mr. Seymour, from his presence and councils for ever: by another they declared, that till the Exclusion Bill were passed, they could not grant the King any manner of supply: by two other resolutions, they voted that those who should lend money to the Crown upon the customs, excise, or hearth money, or by any tally, or anticipation upon any branch of the King's revenue, should be adjudged to hinder the sitting of Parliament, and be responsible for the same in Parliament.

The House of Commons seem to have been fully aware that this conduct would bring on a breach with the King. Sir H. Capel declared in the debate, that he never expected to have another opportunity of speaking in that House.

Jan. 10. On the 10th of January, the King came to the House and 1681. prorogued them. A quarter of an hour before, the Commons passed, in a loose and disorderly manner, a resolution, declaring whoever advised the King to prorogue Parliament, was a betrayer of the King, the Protestant religion, and the kingdom of England. In other resolutions they declared the Duke of Monmouth had been removed by the Duke of York's influence, and that they would make an application to restore him to his former power.

A few days afterwards, the Lord Mayor and Common Council presented a petition to the King, that he would be pleased to call Parliament together on the day appointed, that they might finish the important business on which they were engaged. This petition was answered by a dissolution of the Parliament, which was proclaimed on the 18th January, and a new one summoned to meet at Oxford the 21st of March. The Duke of York, about this time, sent Mr. Churchill, (afterwards Duke of Marlborough,) on a mission to the King, to advise him to prorogue Parliament for a considerable time, to give up his alliance with Holland and Spain, in order to form one with France, and to grant his own recall. The King was averse to all his

proposals, excepting that of an alliance with France, which he allowed him to negociate.

During the interval of Parliament, the Duke of York was indicted as a recusant, before a grand jury of Middlesex, who found a true bill against him. The cause was removed by certiorari into the King's Bench. The elections went generally in favour of the Whigs. The city of London voted thanks to their old members for their conduct, and especially for their support of the Exclusion Bill, and concluded by declaring they would stand by them with their lives and fortunes. And this example was followed by most places in the kingdom. †

I do not know that I can conclude this chapter in a more entertaining manner, than by giving a satirical description from North, a bitter enemy of the Whigs, of a political club which they frequented about this time:

"The gentlemen of that worthy society held their evening sessions continually at the King's-Head Tavern, over-against the InnerTemple gate; but, upon occasion of the signal of a green ribbon agreed to be worn in their hats in the days of street engagements, they were called also the Green Ribbon Club. Their seat was in a sort of carfour at Chancery-Lane end, a centre of business and company, most proper for such anglers of fools. The house was doublebalconied in the front, as may be yet seen, for the clubsters to issue forth in fresco, with hats and no perruques, pipes in their mouths, merry faces, and dilated throats, for vocal encouragement of the canaglia below, at bonfires on usual and unusual occasions.

"The resolves of the more retired councils and ministry of the faction were brought in here, and orally insinuated to the company, whether it were lies, defamations, projects, &c. and so, like water diffused, spread all over the town, whereby that which was digested at the club overnight, was like nourishment at every assembly, male and female, the next day; and thus the young boys tasted of political administration, and took themselves for notable counsellors.