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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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Colledge Do you know Bryan Haynes pray Richards Yes he lodged there where I lived Colledge What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thompson 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 Thompson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable words there was no such thing L. c. j. And that was to vindicate him that he never did speak any Treasonable words Richards Yes L. c. j. Will you ask her any thing else Colledge I cannot tell what she says L. c. j. She says he writ something that was in answer to Thompsons 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 Intellgence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had an 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 Kings 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 Kings 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. Att. Gen. When was this Richards It was a week before he was taken Mr. Att. 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. c. j. What is your Christian Name Mrs. Wingfield Mary L. c. j. What do you ask her Colledge Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Colledge 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. Ser 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. c. j. What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Att. 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. VVhaley 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 Kings 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 Masters 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. VVhaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Masters side into the common side L. c. j. 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 Kings Health then the Queens then the Duke of Yorks 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 raised upon the Parliament and said they were a Company of Rogues they would giue the King no mony but he would help him to mony 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 Colledge Is that all you have to say Mr. Lun One thing more my Lord. On monday last I was at Uxbridge and a Gentleman sent his man on purpose to let me know I must go to Colebrook and stay till they came thither When I came there I met Bryan Haynes at the Crown Kitchin-window and he was stirring a Glass of Brandy and sweetning it with Sugar Said he Sir will you drink Here is the Kings Health to you So I drank and I asked him how he did Do you know me Sir said he Yes said I I drank with you once Says he you have a good memory So then a pint of Sack was called for and after that another and then came down Mrs. Peacock and being very fine all in her flower'd Silks I asked what Gentlewoman that was Said he it is Mrs. Fitz-Harris No says I it is not they say she is gone But said he it is her maid and Sheriff Bethel is to marry her As I have a Soul to save I tell you nothing but what is truth Thereupon said I Sheriff Bethel is able to maintain her he hath
week Mr. Att. Gen. Was it on Saturday last Mr. Bolron It was the beginning of the week Mr. Serj. Jeff. 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. Serj. jeff. 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. Serj. Jeffer 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. Colledges 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. Serj. 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. Serj. Hollow 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. Ser. Jeff. 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. Ser. Jeff. Do you know that Gentleman Mr. Bolron Mr. Bolron I know him not Mr. Ser. jeff. 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. Ser. Jeff. What is the Gentlemans Name Mr. Serj. Holloway Mr. Charlett of Trinity Colledge Mr. Serj. Jeff. 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 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. Serj. jeff. Did this man shew it you Mr. Char. This very man it was the Pictures of the Tantivies and the Towzer and he told me they were made by Colledge he was a very ingenious man Mr. Bolron 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 shewen him Mr. Charlett It was something like this but I cannot say for any of the other Mr. Bolron The charcter 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. ch just Would you ask him any more questions Mr. Bolron 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. Bolron Yes I did hear him say to day he would be a Papist to morrow a 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 Fleet-street 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. Serj. 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 Coll. Mr. Mowbray pray Sir do you know Narrative Smith as he calls himself Mowbray Yes my Lord. Colledge What do you know of it 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. Bolrons 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 Two 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 before and he did much importune me to say that Sir John Brooks did affirm there would be cutting of throats at Oxford and that the King was to be seized there I told him I could have no plausible pretence because I had no acquaintance with Sir John Brooks nor did I come up with him upon which he applied himself to Mr. Bolron and importuned him for the same he asked me who I came up with I told him I came up with Three members of Parliament my Lord Fairfax Sir John Hewly and Mr. Stern he asked what Discourse we had upon the Road And he asked whether they had any Discourse that tended to justifie their former Votes For he said if they did think to justifie any thing of those Votes or if they would not allow the King money and stood upon the Bill of Exclusion he said that was pretence enough for any man to swear that there was a Design against the King and that the King was to be seized at Oxford Coll. An excellent pretence indeed and like the rest Mowbray He would have tempted me to swear against my Lord Shaftsbury the same And he said it would be
D. 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 and my Cap was a Velvet Cap and nothing else My Lord I had the Honour 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 Honour 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 Grey 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 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 bottom 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 George 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 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 attck'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 seized 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 who was to stand by me Parliament man or other persons whatsoever And how is it 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. c. 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 Coll. 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 17th or 18th 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 tht 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 priviledge to talk with their friends Here are VVitnesses I hope will prove that those are Suborned men for Macnamarra did tell me presently after the Parliament broke up at Oxon. and whispered it to me in the Coffee-House Said he there is a design laid to make us retract our Evidence and go over to Fitz-Gerald Said I I suppose they have been at that sport a great while Ah said he they make large offers Said I by whom Said he Colonel Warcupp hath been at me and he tells me Mr. just jones Macnamarra is not produced against you as a Witness at all Coll. No but he told me this that there was such a design and said he I will get you and some other honest men and he desired me to be by when he had something more to tell which would do his business for him but the next news I heard of him was he was put into Newgate Lo. ch just Call your Witnesses Mr. Colledge and prove what you can Coll. Call Mr. Hickman Mr. Att. Gen. My Lord I desire
discovered what I told your Lordship before a design to destroy the Parliament at Oxford an Army that was to land in the North 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 only discover this but much more He at the same time told us that there was a design of Fitz-Gerald's against my Lord Shaftsbury to take away his life and he was employed to come to his Cousin Macnamarra to get him over to joyn in the design 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 will 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 produse 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 Edmundbury 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 Edmundbury 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 do not put a trick upon us this may be a trick of the Papists to ruine us and if they have such a design if they will not put it upon you and I they are fools Upon your Lordship said I they may but I am a poor inconsiderable fellow Says my Lord I 'll tell you Mr. Godfrey Mr. Colledge hath not only been an Honest man but a useful and an active man for the Protestant interest So I told my Lord how far I had gone with Him and that I desired it might be put in writing says my Lord Shaftsbury if he will put it in writing I will go once again for I have been since I saw the fellow with my Lord Macclesfield and my Lord Chief Justice Pemberton and my Lord Chancellor and I have told them that there is such a person in general but I knew not the man as indeed my Lord did not for only Ivy was the person between them that my Lord knew And I told them says my Lord that he can confirm all that Fitz-Harris has said concerning the death of Sir Edmundbury Godfrey and that he would prove my Lord of Danby was in it if he might have his pardon and my Lord said they promised to speak to his Majesty that it might be granted But some time the latter end of the week I heard it would not be granted and both of these men followed me to know what they should do Said I my Lord Shaftsbury knows not but that it may be a trick and said I to Ivy I wonder why he should conceal it all this while being a necessitous man and 500 l. proffered