Tag Archives: william scroggs

1678: Edward Colman, Popish Plot victim

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On this date in 1678, Catholic courtier Edward Col(e)man was hanged, drawn and quartered at Tyburn — the second victim of Titus Oates’s “Popish Plot” concotion.

Colman was a Catholic convert whose zeal for the old faith led him into a variety of treacherous intrigues with the French court — although Colman’s eager and fruitless offices more annoyed than profited his allies.

His behavior was sufficiently indiscreet that fabulist Titus Oates had Colman queued up by name* as a Catholic plotter in the first round of 1678 Catholic terrorism allegations that would roil the realm for the next three years.

That indiscretion was very real, however, and extended to a careless presumption of his own safety. He seems to have been tipped to his danger by the judge who first took Oates’s evidence, a friend named Sir Edmund Godfrey, but he failed to use this advance intelligence to destroy his own correspondence. Godfrey in his own turn went on to a starring role in the Popish Plot debacle when he turned up murdered in October of 1678, a crime whose immediate attribution to the Catholic conspiracy that Oates had unfolded for him sent England clear round the bend.**

Colman’s case had already begun and half-fizzled by that point but with the apparent assassination of the judge a cry for his own blood now shook Parliament — “Colman’s letters!” alluding to that correspondence he surely wished he had burned: its volumes unfolded intelligence leaks, offers to exert French influence in the government even so far as dissolving Parliament, and applications for King Louis’s gold.

There are some incriminating examples in the trial transcript that, Lord Chief Justice William Scroggs charged, show “That your Design was to bring in Popery into England, and to promote the interest of the French King in this place, for which you hoped to have a Pension.” While Oates was a legendary perjurer and his fables destined to take the lives of 20-odd innocent souls in the months to come, the fact was that Colman really was caught out. His scheming ought not have merited such spectacular punishment under less extraordinary circumstances, but the things Colman really did do made it easy for Oates to position him as a paymaster in the fictitious regicidal conspiracy. “Mr. Colman, your own papers are enough to condemn you,” Scroggs said when his prisoner asserted innocence.

Nor could he protect himself with position. (Men even higher than Colman would succumb to the panic in time.) As detestably elevated as Colman looked to the average commoner, he was not himself a lord and was already (pre-Oates) regarded by King Charles II and many members of the court as a loose cannon. Everything pointed to sacrificing him … and they did. But as events would prove, the popular rage was not quenched on Colman’s bones alone.

The always-recommended BBC In Our Time podcast covers the Popish Plot in its May 12, 2016 episode.

* By name — not by face: Oates would be embarrassed at Colman’s eventual trial by the prisoner pointing out that Oates, who now claimed to have been personally paid out by Colman for various seditious errands, had utterly failed to recognize his “conspirator” when Oates appeared before the Privy Council to lay his charges in September.

** Godfrey’s murder has never been satisfactorily explained. There’s a good chance that it was a wholly unrelated affair with amazing bad timing; the revenge of the truculent Earl of Pembroke, whom Godfrey had prosecuted for murder a few months previous, is one leading possibility.

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1678: Stephen Arrowsmith

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1678, one Stephen or Steven Arrowsmith was executed at Tyburn for the rape of a little girl the previous summer.

He was one of six people sentenced to hang that day, but four of them got reprieved. Arrowsmith and Nathaniel Russel, a convicted murderer, were the ones who had to swing.

The victim in Arrowsmith’s case, eight-year-old Elizabeth Hopkins, testified against her rapist in court, as did the child who walked in and saw Arrowsmith abusing the victim on July 7 of that year. Neither witness was properly sworn in. From the Old Bailey records:

The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice.

One Mrs. Cowel did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure.

The like was attested by one Mrs. Sherwin, and by a Midwife, who said, she had got a very foul disease by it.

Arrowsmith’s defense was two-pronged:

  1. he hadn’t done it
  2. but if he had done it, Elizabeth had consented

The maid of the doctor who examined Elizabeth testified for the defense, saying she’d asked the victim why she hadn’t told anyone about the abuse, and Elizabeth answered that she took pleasure in it.

The jury was very reluctant to convict and, in fact, initially brought back a verdict of not guilty. And here the judge, a fellow with the Dickensian name Lord Chief Justice Scroggs,* decided to become the prosecutor.

He had had already expressed his own “great Detestation and abhorrence of so Horrid and Vile an offense,” and demanded to know why the jury had acquitted Arrowsmith.

One of the jurors, an apothecary, ventured that he personally believed Elizabeth had consented to intercourse. Scroggs reminded this person that she was under age and so the issue of her consent was irrelevant.

Other jury members said they were bothered by the fact that almost all the evidence was hearsay and the only direct witnesses, Elizabeth and her friend, had not been sworn. Testily, the judge replied that a rapist was not going to commit his crime in crowd of eyewitnesses, and the only reason the two girls had not been sworn was because of their youth, but if the jury wanted them sworn in he was prepared to do that. Then he sent them back to re-think their verdict.

To further complicate matters, during the second round of deliberations a thoughtless officer of the court, charged with looking after the two child witnesses, brought both girls to the jury to talk to them in private. When Scroggs found out he quickly put a stop to this and had the bailiff thrown in jail, and the jury (who swore that this hadn’t been their idea) was allowed to continue its deliberations. Jurors later said the unauthorized meeting had convinced them of the girls’ honesty, and they returned with a verdict of guilty.

Kind of like Twelve Angry Men in reverse.

“The Criminal Trial Before the Lawyers,” (pdf) a paper published in the University of Chicago Law Review in 1978, referenced the Arrowsmith case and Scroggs’s behavior. The paper’s author, John H. Langbein, tried to explain and defend the “judicial dominance” which might lead a modern reader to look askance at the fairness of the proceeding:

Hale’s treatise confirms this practice. “If the jurors by mistake or partiality give their verdict in court, yet they may rectify their verdict before it is recorded, or by advice of the court go together again and consider better of it, and alter what they have been delivered.” The tradition that the jury would lightly disclose the reasoning for a verdict became especially important in this situation, because it enabled the court to probe the basis of the profferred verdict, hence to identify the jury’s “mistake” and correct it. Thus, in the Arrowsmith case, the court discovered that the chemist’s opinion that an eight-year-old “could not be Ravished” had been influential, and the court refuted it…

Indeed, to this day in many countries, including the UK and the USA, a judge still has the right to overturn a jury’s decision if he or she feels the evidence did not support the verdict. This privilege is but rarely exercised.

At the gallows, just before his death, Arrowsmith wept and finally owned up to what he had done, saying he’d been a good person all his life until “Satan seduced him to this abominable wickedness.”

* Seen here in a more everyday juridical situation, Scroggs was also a figure in the “Popish Plot” anti-Catholic trials breaking out at this period.

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