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A25878 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 Sir 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. I do appoint Thomas Basset and John Fish to print the arraignment, tryal and condemnation of Stephen Colledge, and that no others presume to print the same. Fr. North. England and Wales. Court of Common Pleas. 1681 (1681) Wing A3762; ESTC R214886 159,379 148

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I am unhappy in those things But my Lord I do declare as to my own particular in the presence of God Almighty that as to whatsoever is sworn against me as to the seizing his Majesty providing Arms or having any Design either at Oxford or London or any other place in the world to seize upon the person of the King or to rebel against the Government established I vow to God Almighty I never had such a thought in me 't is a truth my Lord. My Lord they have sworn desperately against me and it hath appeared I think by very credible persons that they have contradicted one another It hath been proved that it was a Design that they were tampered withal that they complained they were in poverty that they wanted maintenance and they did confess they were tempted to come over to swear against Protestants and now the Lord knows they have closed with it and they begin with me I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn and that it is not possible if I had a grain of sence for me to discover my self to be such an one to Haynes that was an Irish-man and should speak all the Treason that he hath galloped through at first sight that as soon as ever I saw him that I should speak so to him I hope you will consider whether it consists with common Reason when there could be no probability of making any use of him in the world My Lord all my Witnesses that I have brought your Lordship can and I hope will sum them up better than I can for I declare it I have been so concerned that I have not been able to write half of it down But I think there is never a man that hath sworn against me but hath been sufficiently confuted by persons of integrity and Honesty men of Principles and men of Religion they are such my Lord that make conscience of what they say they are persons altogether unknown to me most of them as to what they had to say it was what they offered voluntarily and I am certain they have had nothing but their bare charges if they had that for their pains in coming hither and my Lord there is no probability that they should come and attest any thing that is false for me who am a stranger for nothing No man is a Knave for nothing as I believe these men are not My Lord I do declare it I was bred a Protestant and I have lived so I am so this very day I have been a lover of the Church of England and of all the fundamental points of Doctrine believed in it I own the same God the same Saviour the same Gospel and the same Faith I never had a prejudice against any man in the Church in my life but such as have made it their business to promote the interest of the Papists and such I must beg leave to say there are amongst them for there is no Society in the world without some bad men and these do promote the interest of the Papists by dividing the Protetestants and allowing none to be true Protestants but those that are within the Church of England established by Law which is a Notion so wide I could never close with that I never had a prejudice against any man but a Knave in my life I have heard I confess some of the Dissenters and I have found very honest just pious godly men among them men free from Oaths and all Debauchery men that make a conscience of what they say not like some persons that say they are of the Church of England that carry themselves in their lives and actions so as that no credit can be gained to the Church by them My Lord I have been an hearty man against the Papists I have been an hearty man as any person of my condition for Parliaments which I look upon to be my Birth-right and under God Almighty the Bulwark of our Liberty and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament for I always thought I served my Country when I served the Parliament and I served the King when I served my Country I never made any difference between them because I thought them both one I had the Honour to be entrusted by them before and upon that account I came voluntarily down hither I rid my own Horse I spent my own money and eat my own Bread I was not beholding to any man for the value of six pence all the while I was here My Lord I have ever since the Plot hath been discovered endeavered with all my heart and all my power to dedect and come at the very bottom of it I have spared for no time nor pains what lay fairly in my way in every thing to encourage those that discovered the Villanies of the Popish Plot against the Life of the King and for the Subversion of the Religion and Government established by Law Now certainly it is not strange to the world for I think all Christendom is aware how plain the Popish Plot hath been proved These men that swear against me were they that used to follow me sometimes they would say it was they that had come to save our lives and yet we let them want Bread That argument my Lord was so fair that I thought it unreasonable to see them starve And I have said sometimes to some honest considerable men that it was hard they should have this to say of us that they should want Bread to eat that were the Kings Evidence to detect a Popish Plot wherein we our selves were concerned and that when they had saved our blood in our veins they should be suffered to starve And one time I think some three or four Gentlemen of the City did give me 42 s. or 40 s. and 8 d. or thereabouts which I did distribute amongst them And they never came to me in my life but to seek relief they knowing that I had a general acquaintance And sometimes they thought it might be fit to petition the Common Council of London to take care of them Sometimes they would speak to particular men that care should be taken of them At other times indeed it was not this sort of discourse they had with me but they would pretend they had something to discover of the Popish Plot and so they would apply to me as a man of some acquaintance And the first time I saw Haynes was upon such an account the beginning of March last and it was thus I was at Richard's Coffee-House at Temple-Bar where Macnamarra did desire me to go out and I should hear such a piece of Roguery I never did hear in my life against my Lord Shaftsbury So I did go out with them and I called Captain Brown who is since dead to go with me and we went to the Hercules Pillars and Haynes there
be two Witnesses to the same words at the same time Mr. just Jones No it was the Resolution of all the Judges in the case of my Lord Stafford in the presence of the Parliament and the Parliament proceeded upon it M. Ser. Jeff. In the same Tryal where Mr. Colledge was a Witness Mr. Att. Gen. All the whole House of Commons prayed Judgement upon my Lord Stafford pursuant to that Resolution L. c. j. Come will you call any Witnesses Coll. My Lord I do not question but to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth and these the most notorious wicked men an absolute design to destroy all the Protestants of England that have had the courage to oppose the Popish Plot. In which no man of my condition hath done more then I have done I was bred a Protestant and continued so hitherto and by the Grace of God I will dye so If that they had known of these words that I should speak and such a design that I should have before the Parliament sat at Oxon. and be with me in Oxon. when the Parliament sat if they had been good Subjects they ought to have had me apprehended Turbervile came several times indeed and dined with me I did not bid him go out of doors nor invited him thither he was a man I had no disrespect for nay he was a man I valued thinking he had done the Nation service against the Papists that this man should hear me speak such words against His Majesty who was then in this Town and know of such a dangerous design to attempt the seizing of his Person or that I should discover a great party that were ready to do it I think there is scarce any man of reason but will say if this were really done and spoken by me neither of them would or ought to have concealed it but discover it none of them has ever charged me with any such thing they have been in my company since I never had any correspondence with any of them but Dugdale then pray consider how improbable it is that I should talk of such things to Papists Priests and Irish-men who have broke their faith with their own party that faith which they gave under the penalty of Damnation men that have been concerned in Plots and Treasons to murder and cut the Throats of Protestants that I should be such a mad man to trust these people when I could receive no manner of obligation from them nor could give any trust to them they having before broke either Faith especially considering I could lay no such Oaths and Obligations upon them who was a Protestant then 't is the greatest non sense to believe that I would say these things before persons whom I could never hope would conceal my Treasons having discovered their own If they speak truth concerning the general Popish Plot that could be no obligation upon me to trust them with another and they cannot say that they ever obliged me in any one respect My Lord I thank God I have had some acquaintance in the world and have been concerned with some persons of Honour Noblemen and Parliament men that I know are as good Subjects as any His Majesty has these never found me a Fool nor a Rascal so great a Knave as to have any such thoughts in my heart nor so great a mad-man or so foolish as to go to discover them to Papists Priests and Irish-men to men of their condition that were ready to starve for Bread As for Haynes and Smith that run so fast through all their Evidence the first time that ever I set my eyes on Haynes was in the Coffee-House that he speaks of Macnamarra comes in and desires me to go out with with him and I should hear the greatest Discovery of a piece of Villany against my Lord of Shaftsbury's Life that ever I heard many life This Captain Brown who is now dead a man that I had not known but a month before for I think it was in March last when this was could testifie for me For I came to him Captain said I here is a Discovery offered to be made to me of a Design to take away my Lord Shaftsbury's Life Macnamarra asks me to go to the Hercules Pillars I went along with him and took Captain Brown with us Afterwards he fell sick in April and is now dead so I lost a main Evidence in the case He was the only man that was by at the time God knows my Heart I speak nothing but the truth I took him with me Haynes began to discover to us that Fitz-Gerald had employed him to fetch over Macnamarra and if he would come in and swear against my Lord of Shaftsbury which was his design it would not be long e're his Head were taken off and he said He had given in a Paper of High Treason against my Lord of Shaftsbury I asked what it was He told me That my Lord should tell Fitz-Gerald that he had a design to bring this Kingdom to a Common Wealth and to root out the Family of the Stuarts This he said Fitz-Gerald had given in in a Paper under his own Hand and I think he said He had sworn it and sent Haynes to fetch Macnamarra to swear agaist my Lord the same things too I writ down all the Heads of the Discourse which Captain Brown heard as well as I. After he had said it he desired us to conceal it Sir said I You are a stranger to me and these are great and strange things that you do tell us Macnamarra and Browne and Ivy and others were there which if they were honest men they would come and testifie I thought them honest men and that they had none of those wicked designs in their Hearts that now I find they have So says Haynes I do not know this man meaning me Macnamarra told him I was an honest man he might lay his Life in my hands After he had spoken all this he desired us to conceal it Said he I will not only discover this but a great deal more of their Rogueries 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