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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
you will reflect here in the Face of the Court and in the Face of the Country upon the Government upon the Justice of the Kingdom Mr. Smith No my Lord I have told you what I meant by it I neither reflected upon the Court nor upon the Government nor upon the Justice of the Kingdom L. C. J. You should have done well to have forborn such Expressions as those were Colledge Shall I not have the Use of the Papers my Lord Will you not please to deliver them back to me now you have perused them Mr. Just Jones One of them is a Speech and a most seditious libellous Speech to spit Venom upon the Government in the Face of the Country We cannot tell who made it but it seems to be beyond your Capacity And therefore we must enquire into it but we do not think fit to let you have the use of that Paper L. C. J. For that which contains the Names of the Witnesses that you have again For the other matters the Instructions in point of Law if they had been written in the first Person in your own Name that we might believe it was your Writing it would have been something but when it is written in the second Person you should do so and so by which it appears to be written by another Person it is an ill President to permit such things that were to give you Counsel in an indirect Way which the Law gives you not directly Colledge If I am ignorant what Questions to ask of the Witnesses shall not my Friends help me my Lord L. C. J. We will sift out the Truth as well as we can you need not fear it Colledge Some of those things I took out of the Books my self And if you are resolved to take away all my Helps I cannot help it I know not that Mr. Smith wrote one of those Papers Mr. Att. Gen. But Mr. Smith would have given four Guinneys it seems as a Bribe to the Goaler and he offered four more to let him have liberty to come to him Mr. Serj. Jefferies 'T is time indeed for Mr. Smith to have a Care Keeper It was Mr. Starkey that offered me the four Guinneys Mr. Att. Gen. Pray call Mr. Henry Starkey But he did not appear Then the Court took a Recognizance of 100 l. of Mr. Smith to attend the Court during the Session Colledge Pray my Lord let me have my Papers delivered to me I cannot make my Defence else L. C. J. We are your Counsel in matter of Fact and to give you your Papers were to assign you Counsel against Law they being not your own Papers but coming from a third hand Colledge Will you please to give me the Paper that has the Questions in it to ask the Witnesses L. C. J. There are no Papers with any particular Questions to any one Witness but only Instructions how to carry your self in this Case Colledge A great deal of it is my own my Lord. L. C. J. Mr. Attorney truly I think that that doe's not Contain matter of Scandal may be Transcribed and given to the Prisoner Colledge My Lord I desire I may have that that has in the Margent of it the Case of Lilburn and Stafford Mr. Just Jones You shall not have Instructions to Scandalize the Government all that is necessary for your defence you shall have L. C. J. If he had writ it himself I cannot well see how you could take it from him and truly as 't is I had rather let him have too much then too little Colledge My Lord I thought I might have had Counsel to have assisted me but if I may have Counsel neither before my Plea nor after I that am an Ignorant may be lost by it but can't help it L. C. J. If matter of Law arise you shall have Counsel it Colledge I know not but it might have admitted of an Argument that which if I had had my Papers I should have offered to you L. C. J. Mr. Colledge we shall not go any farther now I know not how many Witnesses will be produced either of one side or another but 't is too late to go on this Morning and because we attend here only upon this Occasion we shall go on with the Tryal at two a Clock in the Afternoon Colledge My Lord You will be pleased to order the Papers for me to Peruse in the mean time L. C. J. We have ordered that you shall have a Transcript of the Paper of Instructions leaving out that which is Scandalous Colledge I desire I may have a Copy of the whole Mr. Just Jones No we do not think fit to do that Colledge Pray let me know which you do except against L. C. J. Look you Mr. Attorney I think we may let him have a Copy of the whole Mr. Att. Gen. My Lord before you rise I desire you would please to take the Examination of Mr. Gregory about Mr. Starkey L. C. J. Swear him Which was done Mr. Att. Gen. What do you know concerning Mr. Starkey and what he did offer you Gregory When they came by your Lordships Permission to Mr. Colledge they brought some Papers which they delivered to him And afterwards Mr. Starkey took me aside and told me it was hard Usage that the Prisoner could not have his Counsel permitted to come to him Do him what Favour you can and I shall not be Ungrateful so he clapped four Guinneys in my hand but I immediately laid them down upon the Table and would not take them Mr. Att. Gen. My Lord I desire you would please to send for Mr. Starkey L. C. J. Let him be sent for Cl. of Cr. You must go and take up Mr Starkey Messenger Must I keep him in Custody I don't know him Cl. of Cr. No you must order him from the Court to attend here Mr. Just Jones These Papers Colledge shall not be debarr'd of for his Defence nor you Mr. Attorney from prosecuting upon them L. C. J. No we we will put them into such Hands as shall take Care about that Colledge Very few my Lord have appeared to do me any Kindness some have been frightned and Imprisoned others are now in Trouble for it L. C. J. Well you shall have the use of your Papers Colledge May I have any Friends come to see me in the mean time L. C. J. They must not come to you in the Prison to give you advice but I 'le tell you since you move it if my Brothers think it convenient whilst the Court does withdraw any body of your Friends may come to you in the Presence of your Keeper Mr. Just Jones Certainly you cannot think you can give a Priviledg to any Friend of yours to commit any Demeanor to offer Bribes to any Person Colledge I know not of any such thing Mr. Just Jones We do not charge you with it but Mr. Starkey did Colledge I have been kept a strict close Prisoner and if my Friends are so
they do not tell you of any thing done at Oxford but they tell you what you said in their hearing of what you had done in Oxon and so I think if the Witnesses are to be believed there is a very full proof against you Mr. Just Raymond I am of the same Opinion truely and I cannot find but that there is proof enough by two Witnesses Turbervile and Dugdale of what was done at Oxford They swear matter of Fact not words only but actions also Colledge No fact but that I had Pistols and a Sword and that I should tell Mr. Turbervile I would provide him an Horse which is still but words Mr. Just Jones But you shall hear anon for the full Conviction of you and all others the Statute of the 13 th of this King read to you and you shall there see that such words are made Treason Colledge But I beseech your Lordship to tell me whether there must not 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 Mr. Serj. Jefferies In the same Tryal where Mr. Colledge was a Witness Mr. Att. General All the whole House of Commons prayed Judgment upon my Lord Stafford pursuant to that resolution L. C. Just Come will you call any Witnesses Colledge My Lord I do not question but to prove this one of the Hellishest Conspiracy 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 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 Madman 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 their 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 him and I should hear the greatest Discovery of a piece of Villany against my Lord Shaftsbury's Life that ever I heard in my 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 lossed 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-Girald had employed him to fetch over Macnamarra and if he would come in and Swear against my Lord of Shaftesbury 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 agaist my Lord of Shaftesbury I asked what it was he told me That my Lord should tell Fitz Girald that he had a Design to bring this Kingdom to a Common Wealth and to rout out the Family of the Stuarts This he said Fitz Girald 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 against 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 Brown 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 it Mr. Smith Mr. Smith Not one word of this is true upon my Oath 'T is a wonderful thing you should say this of me but I will sufficiently prove it against you That you have confounded the Gospel and denied the Divinity too Mr. Serj. Jeff. Mr. Dugdale you heard what was said against you Dr. Oates My Lord now Dugdale is come I will tell you something more There was a Report given out by Mr. Dugdale's means that Mr. Dugdale was poysoned and in truth my Lord it was but the Pox. And this Sham passed throughout the Kingdom in our Intelligencies and this I will make appear by the Physician that cured him Mr. Serj. Jeff. That is but by a third hand Dr. Oates He did confess that he had an old Clap and yet he gave out he was Poysoned but now my Lord as to what I said before of him I was ingaged for 50 li. for Mr. Dugdale do you own that Mr. Dugdale I do own it Dr. Oates I did press upon you to hasten the payment of it Mr. Dugdale Yes you did Dr. Oates And did not you come to me and tell me there was a noise of your being an Evidence it was in time just before my Lord Shaftsbury was taken up Mr. Dugdale I never spoke to you till you spake to me Dr. Oates My Lord he came and said to me there is a noise of my being an Evidence now I had not heard it then but the day after I did hear it and I did justifie Mr. Dugdale because he had said to me that he had nothing against any Protestant in England So I did stand up in Vindication of him but my Lord after he had sworn at the old Baily I met him again and pressed him for the money and urged him with it why he had sworn against Colledge when he had told me so and so before and he said it was all long of Colonel Warcup for he could not get his money else and Colonel Warcup did promise he should have a place at the Custom-house Mr. Dugd. Upon the Oath I have taken and as I hope for salvation it is not true Mr. Serj. Jeff. Here is Dugdale's Oath against Dr. Oates's saying Dr. Oates Mr. Serjeant you shall hear of this in another place Mr. Attorn Gen. 'T is an unhappy thing that Dr. Oates should come in against these men that supported his Evidence before Mr. Dugd. My Lord I say further if any Doctor will come forth and say he cured me of a Clap or any such thing I will stand Guilty of all that is imputed to me L. Ch. Just Mr. Colledge will you call any other Witnesses Coll. My Lord I think this is not fair dealing with a man for his Life because these men be upon their Oaths and deny the things again that my Witnesses prove therefore what they swear must needs be taken for truth but if my Witness comes and says such a thing upon the word of a Minister and in the presence of God and which he is ready to maintain by an Oath sure it is not to stand for nothing nor he to be hooted out of Court because Mr. Dugdale denies it upon his Oath I do suppose he will not acknowledge it But my Lord I am the Prisoner and cannot be heard as a Witness for my self but God is my Witness he hath said a great deal more to me formerly and he hath told me when I have seen him with Warcup and asked him why I kept Company with Warcup and others said he I know they are suspected men but I must keep Company with them to get my money what would you have me do starve And when I lent him money out of my Pocket and trusted him with my Horse I dun'd him for money and could not get it said I will you pay me the 5 li. I lent you he put me off said he I shall have it for the Attorney General hath made up his Accompts and is very kind to me why then said I why have you it not said he he is my Friend and I do not question the getting of it but here is new work to be done such work as my Conscience will not serve me to do there is more Roguery they will never have done Plotting and Counterplotting but they will make a thousand Plots if they can to destroy the real one L. Ch. Just Can you prove this now Coll. No it was spoken to my self and no body was by but my self L. Ch. Just Then you should not speak it But you asked the question whether a man may not be believed upon his word as well as he that is upon his Oath Your Witnesses are not upon their Oaths but they may be Witnesses and their weight is to be left with the Jury they will consider how improbable it is that these men should come Three men to One man and all of them should speak that which would make themselves Rogues and Villains and that one man of them Smith should say such vile words as God damn him he would have his blood and God damn the Gospel that Dugdale should confess he was wrought upon by Warcup to testifie against his Conscience and that Turbervile should say to that purpose He would not starve they have sworn the contrary and so there are all these Three mens Oaths against One mans Affirmation but it must be left to the Jury Colledge There is his Affirmation against what they three say He charges every one of them and 't is but the single denial of every one of them to his Charge L. C. J. 'T is improbable they should own themselves such Villains to him Dr. Oats They must be so if they will do what they have undertaken I hope my Word will be believed as soon as their Oaths Colledge It is not to be thought but when they have Sworn so against me they will deny any such thing when they are charged with it L. C. J. Have you done with your Witnesses Or will you call any more Colledge What is said upon an honest mans word in the face of a Court is certainly to be believed as well as what is Sworn L. C. J. 'T is a Testimony that is most certain and must be left to the Jury they must weigh one against the other But pray Mr. Colledge will you call your Witnesses for it begins to grow late Colledge There is Mr. Wilmore that was a material Witness for me who was Foreman of the Grand Jury that would not find the Bill upon this Evidence What he had to say I don't know but I am informed it was very material for me L. C. J. It will be enough for him to clear himself for he is charged with High Treason and by two Witnesses too Colledge Call Alexander Blake L. C. J. What do you ask him Colledge Do you know John Smith Mr. Blake Yes Sir Colledge Pray will you tell the Court what you know of John Smith Mr.