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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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said of himself But there is one thing more about an Intelligence When Thompson had written something in his Intelligence concerning Bryan Haynes he said he would write an Answer to it and accordingly he read it to us he said he was going that Evening to get it put into one of the Intelligences the words were to this purpose Whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the dissenting Protestants L. Ch. Just Did he publish that in the Intelligence Mrs. Hall I never read it published but he had writ it and read it to us several times Mr. Attorn Gen. Do you go to Church Mistress Mrs. Hall I hope I do Sir Geo. Jeff. To what Church Coll. Call Mary Richards Mrs. Halls Maid Who stood up L. Ch. Just What will you ask her Coll. Do you know this Bryan Haynes pray Richards Yes he lodged there where I lived Coll. What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thomson in his Intelligence accusing him of having spoken Treason he read what he said he would put into the Intelligence That he never spake one word of Treason and he writ it for his own vindication that whereas Nathaniel Thomson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable Words there was no such thing L. Ch. Just And that was to vindicate him that he never did speak any Treasonable Words Richards Yes L. Ch. Just Will you ask her any thing else Coll. I cannot tell what she says L. Ch. Just She says he writ something that was in Answer to Thomson's Intelligence to vindicate himself that he never did speak any Treasonable Words Coll. But did you hear him say any thing of these words that he was employed in a Plot against the Protestants Richards I read that in what he writ to put in the Intelligence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had a hand in putting the Plot upon the dissenting Protestants and he telling my Mistress he had a Message from the King offering him his Pardon I asked him why he did not accept the King's Pardon Alass said he you do not understand what I was to do for it I was to do such base things so beneath a Man that I will never do them I had five hundred Pounds offered me besides the King's Pardon to do such base things as are beneath a Man to do Coll. What were the base things he said he was to do and would not do Richards I cannot tell he did not say to me what they were Mr. Attorn Gen. When was this Richards It was a Week before he was taken Mr. Attorn Gen. That is two Months ago Coll. It was since the Parliament sat at Oxford But what was that he was employed to do did he say Richards Why he said in his Answer to the Intelligence he was one that had an hand to put the Plot upon the dissenting Protestants Coll. Call Mrs. Wingfield who appeared L. Ch. Just What is your Christian Name Mrs. Wingfield Mary L. Ch. Just What do you ask her Coll. Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Coll. What do you know of him Mrs. Wingfield I know nothing of him but he is an honest Man he married my Daughter and always carried himself like a Gentleman he scorns the thing that is unhandsome and never did any thing that is unhandsome in my life Mr. Serj. Jeff. Pray how came you by this Witness Have you any more of them Coll. I never saw her before but I believe she hath said something else in another place Did you ever say the contrary pray Mrs. Wingfield No body can say so and I had done the Gentleman a great deal of wrong if I had Coll. Call Mr. Whaley Who appeared L. Ch. Just What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Attorn Gen. Where do you dwell Sir Mr. Whaley At the Hermitage beyond the Tower Coll. I don't know you Sir but what do you know of him Mr. Whaley I never saw you Sir till to day but that which I think I am called for is this though it was upon Sunday that I receiv'd this same Subpoena to come down hither but about six Years ago Bryan Haynes was a Prisoner in the King's Bench and he came down to the Cellar which I had taken of the Marshal to sell Drink in and coming down to drink in one of the Rooms of the Cellar that belong to me he took away a Tankard and went up with it One of the Men followed him up so I went to the Marshal to complain and told him of it and the Marshal took him from the Master's Side and put him into the Common Side That is all I know of him any way directly or indirectly L. Ch. Just Why did you not indict him of it Mr. Whaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Master's Side into the Common Side L. Ch. Just He was no good Justice of the Peace in the mean time Coll. Call Mr. John Lun Who appeared Do you know Bryan Haynes Mr. Lun Mr. Lun I have seen him twice the first time I ever saw him was I went into the Derby-Ale-House to enquire for one Miclethwayte a Kinsman of mine and there this Bryan Haynes was in a little Room next the Ditch near the Door that goes out there as if he were asleep and he roused himself up and as I was walking there Sir said he will you take part of a Tankard with me That was his expression With that said I I do not care if I do And the first thing he began was the King's Health then the Queens then the Duke of York's then he fell very foul against the Grand Jury because they had not found the Bill against Colledge who is a Gentleman that I never saw before in my life but once as I know of and he said my Lord Shaftsbury was a little Toad but he would do his business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Money but he would help him to Money enough out of the Phanaticks Estates And he said they would damn their Souls to the Devil before the Catholick Cause should sink Mr. Serj. Holloway When was this Mr. Lun It was three or four days after the Bill was brought in Ignoramus by the Grand Jury Mr. Just Jones Was he alone Mr. Lun Yes he was Coll. Is that all you have to say Mr. Lun One thing more my Lord. On
Brooks as to this Discourse But I declare I did never hear it and Mr. Smith was the first man that ever I heard it from I never heard it before in my Life Colledge Would he have had you been an Evidence and swore it Mr. Bolron Yes he said he had given an Account of it to the King and if I did manage it rightly against my Lord Shaftesbury and Colledge he would make me for ever those two Persons were mentioned all along But I do declare it I did never hear them speak Treason against the King in my Life And he did further tell me that I must say so and so for if we did not agree it would signifie nothing But my Lord I know nothing of the matter I never heard any one speak of it but Mr. Smith My Lord this is true Mr. Mowbray was the man that was by when it was Discoursed Mr. Just Jones He would have had you sworn it would he Mr. Bolron I discovered it to my Lord Mayor Mr. Att. Gen. When did you discover it Mr. Bolron Soon after I came to Town Mr. Att. Gen. When was it Mr. Bolron Some time last week Mr. Att. Gen. Was it on Saturday last Mr. Bolron It was the beginning of the week Mr. Serg. Jefferies Thou art such a Discoverer Mr. Bolron My Lord 't is very true what I say If I had known any such thing I would have discovered it Mr. Serg. Jefferies Thou wouldest have discovered it before that time of my Conscience Colledge My Lord he hath been an Evidence against the Papists as well as Mr. Smith and therefore pray Sir George don't make your flourishes upon him Mr. Serg. Jefferies He was an Evidence but he had the misfortune never to be believed Mr. Att. Gen. Do you know any thing of any Pictures of Mr. Colledge's making Have you seen Raree Shew Mr. Bolron Never in my Life Mr. Att. Gen. Did you not shew it in Oxford Mr. Bolron No never in my Life Mr. Serg. Holloway Did you never declare to any Gentleman of Oxford that Colledge made this Picture Mr. Bolron I have seen the Character of a Popish Successor but I never saw Raree Shew Mr. Serg. Holloway Here is the very Gentleman my Lord that will make Oath of it Mr. Bolron He was supposed to make them I did not know that he did Mr. Serg. Jefferies I do only desire one thing I do not say that you ever had Raree Shew but did you ever tell any body that Colledge made any of these Pictures Mr. Bolron I have heard of such a Paper but I did never see it in my life Mr. Serg. Jefferies Do you know that Gentleman Mr. Bolron Mr. Bolron I know him not Mr. Serg. Jefferies I would ask you whether you ever had any Discourse with that Gentleman Mr. Bolron Never in my life Then the Gentleman was sworn being a Master of Arts. Mr. Serg. Jefferies What is the Gentlemans Name Mr. Serg. Holloway Mr. Charlett of Trinity Colledge Mr. Serg. Jefferies Pray Sir do you know that Person there Mr. Charlett My Lord in the new Coffee-House that was by the Schools that was set up in the Parliament-time there was a Gentleman that is in the Court I think one Mr. Dashwood and one Mr. Box were there together to drink a Dish of Coffee and hearing that some of the Evidence were there we desired their Company up and that Gentleman was one and among other Discourse they were speaking of some Pictures and they shewed us the Picture of the Tantivies Mr. S. Jeff. Did this man shew it you Mr. Char. This very man It was the Pictures of the Tantivies and the Towzer he told me they were made by Colledge he was a very ingenious man Mr. Bolr. I know nothing of it the Character of a Popish Successor I have seen but never the other I never shewed him any such thing Then the Pictures were shewn him Mr. Char. It was something like this but I cannot say for any of the other Mr. Bolr. The Character of a Popish Successor I say I have seen and Colledge himself hath told me he made the Character of a Popish Successor I do not deny that I have seen that L. C. J. Would you ask him any more Questions Mr. Bolr. My Lord I have something more to say concerning Mr. Brian Hains In January February and April last several times I was in his Company and I heard him say he knew nothing of a Popish Plot nor of a Presbyterian Plot neither but if he were to be an Evidence he did not care what he swore but would swear and say any thing to get money Mr. Just Jones Did he tell you so Mr. Bolr. Yes I did hear him say To day he would be a Papist to morrow a Presbyterian he did not care for Religion he would never die for Religion he would be of that Religion that had the strongest party My Lord he told me so at my own house in Fleetstreet Colledge He would say any thing for money pray my Lord take notice of that for so I find he does Mr. Bolron Then there is Dennis Macnamarra and John Macnamarra Mr. Ser. Jeff. We have nothing to say to them Colledge They have been Evidences against me though you do not now produce them they are all in a string but they are not now brought because my Witnesses are prepared to answer them L. C. J. Will you call your next Witness Colledge Mr. Mowbray Pray Sir do you know Narrative Smith as he calls himself Mr. Mowbray Yes my Lord. Colledge What do you know of it Mr. Mowbray I came up from York with him when I returned after I was commanded down upon the Kings account to give in Evidence against Sir Miles Stapleton he came to me the third of August and called at my house in Yorkshire and was very importunate for me to come up to London with him for he said he had a Letter come to him which commanded his presence at London very suddenly and he produced that Letter which he said came from a Gentleman of the Court or some Court dependent so he read the Letter in Mr. Balron's hearing We set forward on Sunday and upon our journey to London he told me he had something of importance to impart to me so upon the road he began to discourse of the Parliament and of the illegal proceedings and Arbitrary power of the 2 last Parliaments he said their proceedings were very Illegal and Arbitrary and he began to open some of the Votes as that which they voted that those that should lend the King money upon the Crown lands should be enemies to the King and Kingdom and those that Counselled the King to dissolve the Parliament and he repeated many Votes and said he these are signs of Arbitrary power and certainly they design to take off the King so he proceeded further to ask me what was the discourse of Sir John Brooks when we came up
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
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 Bloud 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 18 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 the City of London to take care of them Sometimes they would speak to me to 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 Macknamarra 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 discovered what I told your Lordship before a designe to destroy the Parliament at Oxford an Army that was to land in the North and another in Ireland and the Duke of York was to be at the head of them My Lord after I had heard all out he did desire us all to conceal what he had said till the Parliament sat and then he would not onely discover this but much more He at the same time told us that there was a designe of Fitzgerald's against my Lord Shaftsbury to take away his life and he was employed to come to his Cozen Macknamarra to get him over to joyn in the designe and he should never want for money if he would but come over and do as they would have him After he had discovered himself Sir said I You are a stranger to me and I never saw him before in my days if he had seen me I can't tell But Sir said I either this is true or this is false If it be true said he 'T is all true and much more So he up and told us much of Coleman and of the Reconciliation between the Duke of Ormond and the Duke of York and how he came to be Lord Lieutenant of Ireland and how Plunket came to be Primate and by means of whom and the Letters that passed and how so much a year was given to Plunket for carrying on the Correspondence and he told us so much that I did wonder to hear any man talk after that rate After I had heard what he had to say I told him Sir said I this is either true or false that you have said if it be true my Lord Shaftsbury shall know it to night for I will not conceal such a thing concerning a Peer of the Realm and if it were a colour he should know of it And I did send him word that night and said I Sir you ought to go for your own security and ours too to swear it before a Magistrate Said he If I should I should be discovered Said I I can't think you would be discovered if you swore it before Sir George Treby or Sir Robert Clayton they will not discover you So he agreed he would swear before Sir George Treby and he did go accordingly But he being out of Town I cannot have the Affidavit to produce it There was a Letter sent last Saturday-night to Sir George to Bristol and I hoped he might have been here to day This was the first Acquaintance I ever had with Haynes The next time I heard of him was upon this occasion Ivy comes to me in Richard's Coffee-house and said he Yonder is the man that made that discovery which I told you before that Haynes had said to me it was about a month or three weeks before the Parliament was at Oxford After the Parliament was dissolved at Oxford Ivy comes to me and I think it was betwixt the two Terms wherein Fitz-harris was arraigned and tried I know not the names of them but he comes to me and tells me he had been with my Lord Shaftsbury and that there was a Friend of his that would confirm all that Fitz-harris had discovered concerning the Murder of Sir Edmundbury Godfrey and says he My Lord of Shaftsbury hath sent me to you to acquaint you with it Where is your Friend said I He is without said he So we went out of the Coffee-house and when we came out of doors there was this Haynes we went to the Crown-Tavern without Temple-bar it was in the Forenoon When we came there into the Room he examined all the Corners and Cupboards and places about the Room to see that no body was there When he thought all was secure he began to tell me he had been to acquaint my Lord Shaftsbury that there was a Friend of his that would discover the whole Intrigue of the Murder of Sir Edmundbury Godfrey all that Fitz-harris had said and much more and he desired me that I would intreat my Lord Shaftsbury to be instrumental to get him his Pardon before he discover'd particularly Then I told him I think 't is convenient said I that you discover something in Writing and give under your hand what you can say He was not willing to do that Can you believe said I that my Lord of Shaftsbury will betray you Says he I will not trust any body I shall be assassinated Said I If you will not give it to any body else Will you give it to Mr. Michael Godfrey Sir Godfrey's Brother you can have no jealousie of him that he will ever discover you Said he If my Lord Shaftsbury will engage to get me a Pardon I will tell the whole truth Said I I will go to my Lord and acquaint him So I went to both my Lord and Mr. Godfrey and Sir Godfrey's two Brothers both met me at my Lord of Shaftsbury's house This is the thing that he tells me he would have me get my Lord's Protection and a Pardon for Treason but the real truth is he sent me upon this Errand So I came to my Lord Shaftsbury and the two Mr. Godfreys were in the Room and after I had told my Lord what discourse I had with him says my Lord Colledge These Irish-men have confounded all our business and thou and I must have a care they