book,--for the court were to
judge whether the deed amounted to that crime! He was found "guilty,"
and died in jail after nearly three years of cruel confinement.[82]

[Footnote 82: 1 St. Tr. 1271; 1 Neal's Puritans (N.Y. 1844), 190. See
16 Parl. Hist. 1276, where Mr. Dunning says this is the first example
of such a charge to a jury.]

3. In 1619 one Williams of Essex wrote a book explaining a passage in
the book of Daniel as foretelling the death of James I. in 1621. He
inclosed the manuscript in a box, sealed it, and secretly conveyed it
to the king. For this he was tried for high treason, and of course
executed. "_Punitur Affectus, licet non sequatur Effectus_," said the
court, for "_Scribere est agere_," "Punish the wish though the object
be not reached," for "writing is doing!"[83]

[Footnote 83: 2 St. Tr. 1085.]

4. In 1664 Mr. Keach, a Baptist, published a "Childs' Instructer, or a
New and Easy Primmer," in which he taught the doctrines of his sect,
"that children ought not to be baptized" but only adults; "that laymen
may preach the gospel." He was brought before Lord Chief Justice Hyde,
who after insulting the prisoner, thus charged the grand-jury:--"He is
a base and dangerous fellow; and if this be suffered, children by
learning of it will become such as he is, and therefore I hope you
will do your duty." Of course such a jury indicted him. The "trial"
took place before Judge Scroggs; the Jury were at first divided in
opinion. "But," said the Judge, "you must agree!" So they found him
guilty. He was fined "L20, twice set in the pillory, and bound to make
public submission."[84]

[Footnote 84: 7 St. Tr. 687.]

5. In 1679 George Wakeman and others were tried for high treason
before Scroggs, whose conduct was atrocious, and several pamphlets
were published commenting on the ridiculous and absurd conduct of this
functionary, "Lord Chief Justice Scroggs." One Richard Radley in a
bantering talk had bid another man "Go to Weal Hall, to my Lord
Scroggs, _for he has received money enough of Dr. Wakeman_!" Radley
was indicted for "speaking scandalous words of Chief Justice Scroggs."
Whereupon at the opening of the court that eminent officer, who did
not disdain to wreak public and judicial vengeance on heads that
wrought his private and personal grief, made a speech setting forth
his magisterial opinions on the liberty of the press. Doubtless this
court knows original authority for the opinions they follow; but f