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A25877 The arraignment, tryal and condemnation of Stephen Colledge for high-treason in conspiring the death of the king, the levying of war, and the subversion of the government : before the Right Honourable Sr. Francis North, Lord Chief Justice of the Court of Common-Pleas, and other commissioners of Oyer and Terminer and Gaol Delivery held at the city of Oxon for the county of Oxon, the 17th and 18th of August 1681. Colledge, Stephen, 1635?-1681, defendant. 1681 (1681) Wing A3761; ESTC R15865 159,951 112

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Natural Lord the Fear of God in thy heart not having nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Soveraign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Soveraign Lord the King to Death and final Destruction to bring and put the Tenth day of March in the Three and Thirtieth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a Miserable Slaughter among the Subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Soveraign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well instituted and ordained wholly to Subvert and Destroy and War against our said Soveraign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Soveraign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously did prepare Arms and Warlike offensive habiliments to wage War against our said Soveraign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Soveraign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That it was purposed and designed to seize the Person of our said Soveraign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy Traiterous purpose aforesaid wouldst be one of them who should seize our said Soveraign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and traiterous Imaginations Compassings and Purposes aforesaid the sooner to fulfill and perfect and discords between our said Soveraign Lord the King and his People to move cause and procure then and diverse times and dayes as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of diverse Leige Subjects of our said Soveraign Lord the King then and there being present falsly maliciously subtilly advisedly devillishly and Traiterously didst say and declare That nothing of good was to be expected from our said Soveraign Lord the King that our said Soveraign Lord the King did mind nothing but beastliness and the Destruction of his People And that our said Soveraign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How say'st thou Stephen Colledge art thou Guilty of this High Treason whereof thou standest indicted and hast been now arraigned or Not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or Not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Councel assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment L. Ch. Just These are the things you ask you would have a Copy of the Indictment you would have Councel assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am indicted L. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of C. Yes L. Ch. Just That refers to all manner of Statutes that have any Relation to the thing in the Indictment that is High Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High Treason ought not to be made by Artificial Cavils but by plain Fact If you propose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a Copy of
to conceal it Said he I will not only discover this but a great deal more of their Rogeries that I know very well Said I to him again I will not conceal it nor do you no wrong for if this be true my Lord of Shaftsbury shall know it to night for where there is a design to take away a Peer of the Realm I will not conceal it but if it be false and you have said more then comes to your share Recant it again and we will take no notice of it only say you are a Knave for speaking of it he Swore Dam him it was all true that and a great deal more which he said he knew about Seizing and Destroying the Parliament at Oxon about an Army in the North that was to be Raised about the time of the Sitting of the Parliament at Oxon of a French Army that was to Land in Ireland at the same time that the Duke of York was to be at the Head of them and the intention was to destroy all the Protestants Upon this I was Resolved if I lived to come along with the Parliament and if there was any such Design I was Resolved to Live and Die with them but I had no more then Common Arms a Sword and a Case of Pistols my Cap was a Velvet Cap and nothing else My Lord I had the Honor to be sent for when the Parliament Sat last at Westminster the Sessions in October it was an Honourable occasion and I thank those worthy Gentlemen that sent me for the Honor of it there I begun to be popular as to my Name for from that time they began to call me the Protestant Joyner because the Parliament had intrusted me My Lord Crey was pleased to send his Footman for me to the Crown Tavern behind the Exchange where there were several worthy Lords Peers of the Realm and One Hundred of the Commons that had Dined there that Day it was the Day before they Sat after they had Dined I came to them and the Duke of Monmouth told me They had heard a good Report of me that I was an honest man that understood Building and they did Confide in me to search under the Parliament House they did not really know of any Design but they would not be secure there might be some Tricks play'd them by the Papists tho' we are not afraid of them said the Duke yet we think fit to employ you to search under the Houses and thereabouts whether you can find any such Practices So accordingly my Lord I did go my Lord Lovelace was one of the Honourable Lords and my Lord Herbert that went with me and some of the Gentlemen of the House of Commons and those worthy Protestant Lords were pleased to thank me for my Service and did believe I was Active and Zealous to find out and discover the bottome of the Popish Plot so far as it came legally in my way to do it My Lord upon this occasion there was a great kindness from them to me and I had upon all occasions Testimonies of it and this very man who now Swears Treasons against me which God Almighty knows is all false did Swear in his Affidavit before Sir George Treby the Recorder of London I did never see the Affidavit indeed I was over night at Sir Treby's but he was not then at leisure but he drew it up next day and Swore it that there was a Design to destroy the Parliament at Oxon and there was not only his Oath for it but it was the general belief that some Evil was intended them All men had cause to fear and to suspect the Papists did bear them no great good Will and making use of their own Observations they were generally Armed with a Pistol or a Sword for themselves in case they should be Attack'd by the Papists In order to this I did come down with my Lord Howard my Lord of Clare my Lord of Huntington and my Lord Pagett those four worthy Protestant Lords and it was two days after the Parliament was sat that we came and I went out of Town again with my Lord Lovelace Sir Thomas Player and Sir Robert Clayton and I am sure they were all in so great a Fear that London should be surprized and seized on by the Papists but there was no mortal man that ever heard of the Kings being seised or thought of it till these men come and tell me that I had such a Design and came hither with that purpose but my Lord I declare as God is my Judge I would not have it thought I speak it to save my Life were it as certainly a Truth as 't is most wickedly a Falshood that I had had a design to seize the King I know not of one man upon the Face of the Earth that was to stand by me Parliament man or other persons whatsoever And how it is possible for me to attempt that being a single Person with only a Sword and a Case of Pistols let any man judge And I do declare I know of no Conspiracy nor Design against the King or Government I never spoke one of the Treasonable Words in my Life that is laid against me nor had ever any Thoughts of any such thing God that is my Eternal Judge knows that what I speak is true L. Ch. Just. Well Mr. Colledge will you call your Witnesses for I must tell the Jury as I did at your request concerning Mr. Attorney that as nothing he said so nothing you say is to be believed upon your own Allegation for then no man would ever be guilty if his own Purgation by words were to be believed Colledge My Lord I thank God I know my own Innocency and hope to prove it I have a Soul that must live to Eternity either in Joy or Misery I act according to those principles and I hope I have some assurance of my own salvation when I dye I would not call God to Witness to a Lye to save 1000 lives My Lord this is a villanous Conspiracy against me and if it take place against me it may go a great way God knows how far This is the 17 th or 18 th Sham Plot the Papists have made against the Protestants to get over their own but I hope my Lord God Almighty will never suffer it If they can make me a Traytor they will try it upon others and so hope to sham off their own Treasons but I say I hope God Almighty will never suffer it My Lord I think the first Witness that swore against me was Mr. Dugdale and I must call my Witnesses as I have them here I know no person of them hardly and this that is done for my defence was done abroad My Lord I have been kept close Prisoner in the Tower and none of them suffered to come to me whilst the Popish Lords have had the Liberty and Priviledg to talk with their friends Here are Witnesses I hope
Parliament was guilty of High Rebellion And even in those Quaeries he asperses not only the Government but every man that has any Concern in it for it takes notice not only of the King but of all His Council Never a Judge nor an Officer in the Nation but is traduced by it and which is most material it was the Foundation of that Libel which has been mentioned to you and which Fitz Haris was so justly condemned and executed for that most Traiterous and Infamous Libel in part of it has these Quaeries and a great Paragraph of this Libel makes up part of that Libel of Fitz Harris which our Witnesses say Mr. Colledge was pleased to affirm was as true as God is in Heaven Another thing is this This Gentleman whose proper business it had been to manage his Employment at London for a Joyner is best seen in his proper place usiing the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too then to come with Pistols and all those Accoutrements about him to be regulating of the Government what have such People to do to interfere with the business of the Government God be thanked we have a wise Prince and God be thanked he hath wise Counsellours about him and He and they know well enough how to do their own business and not to need the Advice of a Joyner tho' he calls himself The Protestant Joyner What had he to do to engage himself before his Advice was required How comes he to concern himself so much that after he had writ this Libel wherein he is pleased to take notice of Tyrants afterwards should go to make a Print I mean the Rare Shew and when Dugdale comes to inquire of him what do you mean by such a thing the Tyrant shall go down Says he I mean by that the King And what do you mean by having them go to Breda Why there he explains it that he puts all the Government the Lords and the Bishops upon the Kings Back and being asked what he meant to have done with them Why the Bishops and the King and all were to go to Breda These are the things that himself did acknowledge he was the Author of and these Prints he did cause to be made and he is the person that gives you an Account that it was but the conception and imagination of Dugdale that Rowley meant the King but Dugdale being called again he tells you after some time that he was under some difficulty to know the meaning of it and then Colledge tells him it was meant the King and so he expounded it to him And so Smith tells you of that same name of Old Rowley again Gentlemen Thus I tell you what hath been omitted The Evidence hath been long and therefore we must be pardoned if we can't exactly repeat it This is the Evidence that was done at Oxon the next is Mr. Smith who speaks of what was done in London and he is an Evidence both as to the word Rowley as to the coming with Arms and as to the declaring to what end he came and what he had done Mr. Haynes he tells you both before and after the same and that I must take notice of to you Mr. Smith does particularly say he used those words which I hope every honest man and every good man that desires to preserve the Government according to Law will hear with the greatest detestation and abhorrence he talked of the taking away the Life of the late King of blessed memory at such an impudent rate that every true Protestants Blood would curdle at the hearing of it And this he said not only to Mr. Masters but he justified it to Mr. Smith too In the next place you have Turbervile who gives you all the reasons how he did not only tell of these things himself but encouraged him to prepare himself accordingly and he gave him a Mark a Ribbon with No Popery no Slavery These were Marks whereby they were to be known and they were to be one and all as they call it that when such a blow was struck they should be ready to fall in There is one thing more that I take notice of that is what was said by a Gentleman Sir William Jennings which is a Confirmation of all the other Evidence that Gentleman who hath appeared to you to be a man of Honour even by the Confession of Mr. Colledge himself and by his own words for he said like an honest man and like a Loyal man too that he would rather engage himself in three dangers for the Service of the King at Sea than come in cold Blood to give Evidence against a man for his Life at the Bar. And yet this man who tells you this of himself and that very Person whom Colledge himself calls a Worthy Person hath given you this Accompt that when he told him his Nose bled he answer'd him it was the first Blood lost in the Cause but it would not be long e're there was more lost an excellent Cause for a man to venture his Blood in When he was told of this he began to put it off and to use his own words had a great mind to sham off the business but in Truth there was no Answer given to it Gentlemen the Objections that have been made against the Evidence that have not been taken notice of I desire to take notice of I think against three of them there has been only Mr. Oates and Mr. Oates I confess has said in verbo Sacerdotis strange things against Dugdale Smith and Turbervile I have only the Affirmation of Mr. Oates and as ill men may become good men so may good men become ill men or otherwise I know not what would become of some part of Mr. Oates's Testimony And in the next place if these men have not sworn true I am sure Mr. Oates must stand alone in the greatest point in which all the Evidence agree that is the Popish Plot. But Gentlemen I must take notice to you that it is strange to me that ever you upon your Consciences should perjure three men who positively upon their Oaths deny any such Discourses as Mr. Oates speaks of against them I do put that upon your Consciences whether you upon the bare Affirmation of Mr. Oates in this place will convict three men upon whose Testimony the Lives of so many as have suffered have been taken away and as we Protestants do believe justly I say whether you will do it upon the bare Affirmation of Mr. Oates against their Oaths In the next place Gentlemen I must tell you Besides the positive Evidence of these Gentlemen there is a Circumstance of improbability in the very words which he speaks of Will any man tell me that after such time as men have given their Oaths as Smith had given his that he was concerned and so had Dugdale and Turbervile too that these