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⁴⁸ D.N.B. Social condescension informs the incoherent remark that Scroggs could not ‘putt off that temper wch is inherent in that sort of men, I mean that of a butcher, from which he sprung’. Luttrell, , Brief relation, I, 74.Google Scholar

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⁵¹ See Henning, , ed., H.O.C., I, 26–7, 44–7Google Scholar for like data on the entire membership of the second Exclusion Parliament.

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⁵³ ‘Several’ members of the Middlesex grand jury ‘and some other persons’, Richard Mayo (a student in Oxford) ‘and others’ were called before the Commons on 23 Nov.: Grey, , Debates, VIII, 53, 59Google Scholar; C.J., IX 661.

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⁵⁵ ibid. p. 566.

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⁵⁷ This information comes from David Hayton and Mark Knights.

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⁶⁸ Ibid, VIII, 243, 250.

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⁸³ Haley, , The first earl of Shaftesbury, pp. 579–80Google Scholar. An anonymous pamphlet demeaning York in twenty-one particulars had prepared the way. See also a paper signed by whig leaders entitled ‘Reasons whereupon’ York may be ‘suspected’ of popery: PRO 30/24/6 B. 420.

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⁸⁸ The defence was printed at the back of The lord chief justice Scroggs his speech in the Kings-Bench … occasion'd by the many libellous pamphlets which are publishl against law … together with what was declared … on the same occasion, … by Mr Justice Jones, and Mr Justice Dolbin. (23 Oct. 1679), pp. 7–8Google Scholar. Grey, , Debates, VIII, 207.Google Scholar

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⁹¹ Ibid, VIII, 55. Also North, , Examen, p. 564.Google Scholar

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⁹³ Quoted in D.N.B.

⁹⁴ Possibly, Scroggs and the other justices were summoned to the privy council meeting to discuss the problem of the queen's involvement. Maybe Scroggs received some instruction from Sir Francis North, in a carriage on the way back to London from Hampton Court. See Havighurst, , ‘The judiciary and politics in the reign of Charles II’, p. 235 and n. 33Google Scholar; Kenyon, , ‘The acquittal of Sir George Wakeman’, p. 698.Google Scholar

⁹⁵ Luttrell, , Brief relation, I, 18Google Scholar. It was said that the visit was a tactical move by catholics to ruin Scroggs; although pleased with his handling of the Wakeman trial, they could not forgive his treatment of catholics in previous trials. Burnet, HOT, par. 468 (II, 227–8).

⁹⁶ But news of the verdict was first reported in the 22 Jul. 1679 issue of Benjamin Harris's new newspaper, Domestick intelligence, or news both from city and country gth July 1679 to 13 Jan. 1680. Published to present false reports (1679), No. 5. In the 8 Aug. issue Harris insinuated that the jury had been bribed. ibid. No. 10.

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⁹⁹ C.J., IX, 690.

¹⁰⁰ Other printed tracts included: The tickler tickled: or The observator upon the late tryals of Sir George Wakeman, etc. observed: by Margery Mason spinster (1679). Justice in masquerade, a poem (n.d. [1680]). And The bellowings of a wild-bull: or, Scroggs's roaring lamentation for being impeached of high-treason (n.p., n.d. [1681]). Two unpublished lampoons, similar in nature, are in B.L., Add. MS 34362, fos. 95, 95b; a third is in the Pepys papers at Magdalene College, 2881/89.

¹⁰¹ On circuit in the fall of 1679 Scroggs suffered terrible indignities, incuding having a half-dead dog tossed into his carriage and his sleep disturbed as he was driven along by a man rapping on the top of his coach and calling out ‘A Wakeman, A Wakeman’. Luttrell, , Brief relation, I, 19–20Google Scholar. Memoirs of the Verney family during the seventeenth century compiled from the papers and illustrated by the portraits at Claydon House by Frances Parthenope Verney and Margaret M. Verney, 2nd edn (London, 2 vols., 1907), II, 321.Google Scholar

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¹⁰³ See above, note 39.

¹⁰⁴ Scroggs his speech in the Kings-Bench.

¹⁰⁵ On 17 Oct. 1679 the privy council asked the judges to submit a ruling on 22 Oct. The justices did so on 27 Oct. PRO, PC 2/68, pp. 236, 256–7.

¹⁰⁶ Phillip, Hamburger, ‘The development of the law of seditious libel and the control of the press’, Stanford Law Review, XXXVII (1985), 685Google Scholar. M.P.s heard that the judges had said censorship was illegal because the Printing Act had expired. For the limitations of Scandalum magnatum, see ibid. pp. 668–9.

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¹⁰⁸ pro, PC 2/68, pp. 179, 190, 203–4, 207, 212, 229, 231, 236, 242, 292, 294, 323, 359, 401, 478. A box bulging with tracts, including single sheet issues of Care's Weekly pacquet, is at PRO SP 20, Case G. For the legal advantages of pre-publication censorship and the alternatives, see Hamburger, , ‘The law of seditious libel’, pp. 662–80.Google Scholar

¹⁰⁹ PRO, PC/28, pp. 256, 263 for the proclamation.

¹¹⁰ Harris, Domestic intelligence, no. 33, 28 Oct. 1679. Care, Weekly pacquet, No. 3, preface.

¹¹¹ C.J., IX, 688–9.

¹¹² Statutes of the realm, vol. V (1819), 31 Car. II, c.2.

¹¹³ The practick part of the law: shewing the office of an attorney, in the courts of Kings-Bench, common pleas, and pleas in the exchequer … (London, 1681 edn), pp. 54, 296–7, 336–53Google Scholar. Wrigley, E. A. and Schofield, R. S., The population history of England 1541–1871: a reconstruction (Cambridge, 1989), App. 9.Google Scholar

¹¹⁴ SirRichard, Bulstrode, Memoirs and reflections upon the reign and government of King Charles the 1st. and K. Charles the IId (London, 1721), p. 299.Google Scholar

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¹¹⁷ PRO PC 2/68, p. 496. The authority was not unlimited, but it gave the crown the power of pre-publication censorship over newsbooks: Hamburger, , ‘The law of seditious libel’, p. 687.Google Scholar

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¹²¹ Domestick intelligence, No. 65.

¹²² Care, Weekly pacquet, no. 3, preface.

¹²³ St. Tr., 7: 1112–30; Folger Shakespeare Library (hereafter FSL), ‘The Newdigate newsletters, addressed to Sir Richard Newdigate, 1st Bart., and to 2nd Bart, 1673–1715,’ L.c. 998. Care, Weekly pacquet, no. 3, preface.

¹²⁴ F.S.L., ‘Newdigate newsletters’, I Sept. 1679, L.c. 829, reporting the rumour.

¹²⁵ Articles of high misdemeanours, humbly offered and presented to the consideration of his most sacred Majesty, and his most Honourable privy councel, against Sir William Scrogs [sic]… together with his Lordships answer thereunto (n.p., n.d. [1680]). This appeared in three editions, suggesting interest in and propaganda value of this episode.

¹²⁶ Innocence unveil'd: or, a poem on the acquittal of the lord chief justice Scroggs (n.p., n.d. [post Jan. 1680]).

¹²⁷ Bodl., MS Carte 39, Ormonde correspondence, p. 113. PRO, PC 2/58, pp. 355, 359; C.S.P.D., 1679–80, p. 376 [PRO, ADM 77, Greenwich Hospital newsletters, no. 42]. John, Warner, The history of English persecution of catholics and the presbyterian plot, ed. by Birrell, T. A., 2 vols. (Catholic Record Society, 1953–1954), I, 157 [318].Google Scholar

¹²⁸ North, , Examen, p. 567–8Google Scholar; B.L., Add. MS 29549, fo. 74.

¹²⁹ D.N.B.

¹³⁰ Hatton correspondence, I, 220.

¹³¹ Haley, , The first earl of Shaftesbury, pp. 559–60Google Scholar. The fullest contemporary account is PRO, ADM 77, Greenwich Hospital newsletters, no. 39.

¹³² Haley, , The first earl of Shaftesbury, pp. 407–543.Google Scholar

¹³³ B.L., Add. MS 28053, fo. 114. Tne paper is undated.

¹³⁴ Haley, , The first earl of Shaftesbury, p. 543.Google Scholar

¹³⁵ ibid. pp. 601–2.

¹³⁶ LJ, VIII, 673; H.M.C., House of lords, eleventh report, Appendix, Part 2, pp. 197–8.Google Scholar

¹³⁷ Grey, , Debates, VIII, 286–7.Google Scholar

¹³⁸ C.J., IX, 687.

¹³⁹ See above, note 29.