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A63173 The tryal of Edward Coleman, Gent. for conspiring the death of the King, and the subversion of the government of England and the Protestant religion who upon full evidence was found guilty of high treason, and received sentence accordingly, on Thursday, November the 28th, 1678. Coleman, Edward, d. 1678, defendant.; England and Wales. Court of King's Bench. 1678 (1678) Wing T2185; ESTC R4486 80,328 98

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THE TRYAL OF EDWARD COLEMAN Gent. FOR Conspiring the Death OF THE KING AND THE Subversion of the Government OF ENGLAND AND THE Protestant Religion Who upon Full Evidence was found Guilty of HIGH TREASON And received SENTENCE accordingly on Thursday November the 28th 1678. LONDON Printed for Robert Pawlet at the Bible in Chancery-Lane near Fleet-street 1678. November 28. 1678. I Do appoint Robert Pawlet to Print the TRYAL of Edward Coleman And that no other Person presume to Print the same WILLIAM SCROGGS THE TRYAL OF Edward Coleman Gent. ON Wednesday the Twenty Seventh day of November 1678. Mr. Coleman having been Arraigned the Saturday before for High Treason was brought to the Kings Bench Bar to receive his Tryal and the Court proceeded thereupon as followeth Court Cryer make Proclamation Proclamation for Silence Cryer O Yes Our Sovereign Lord the King do's strictly Charge and Command all manner of Persons to keep Silence upon pain of Imprisonmen● If any one can inform our Sovereign Lord the King the King's Serjeant or the King's Attorney General or this Inquest now to be taken of any Treason Murder Felony or any other Misdemeanour committed or done by the Prisoner at the Bar let them come forth and they shall be heard for the Prisoner stands at the Bar upon his Deliverance Court Cryer make an O yes Cryer O yes You Good Men that are impannelled to enquire between our Sovereign Lord the King and Edward Coleman Prisoner at the Bar answer to your names Court Edward Coleman Hold up thy hand These Good men that are now called and here appear are those which are to pass between you and our Sovereign Lord the King upon your Life or Death if you challenge any of them you must speak as they come to the Book to be sworn and before they are sworn The Prisoner Challenging none the Court proceeded and the Jury were sworn viz. JURY Sir Reginald Foster Baronet Sir Charles Lee. Edward Wilford Esquire John Bathurst Esquire Joshua Galliard Esquire John Bifield Esquire Simon Middleton Esquire Henry Johnson Esquire Charles Vmfrevile Esquire Thomas Johnson Esquire Thomas Eaglesfield Esquire William Bohee Esquire Court Cryer make an O yes Cryer O yes Our Sovereign Lord the King does strictly charge and command all manner of Persons to keep Silence upon pain of Imprisonment Court Edward Coleman Hold up thy hand You Gentlemen of the Jury that are now sworn look upon the Prisoner and hearken to his Charge You shall understand that the Prisoner stands Indicted by the name of Edward Coleman late of the Parish of St. Margarets Westminster in the County of Middlesex Gent. for that he as a false Traytor against our most Illustrious Serene and most Excellent Prince Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. and his Natural Lord having not the Fear of God in his Heart nor duely weighing his Allegiance but being moved and seduced by the Instigation of the Devil his cordial Love and true Duty and natural Obedience which true and lawful Subjects of our said Lord the King ought to bear towards him and by Law ought to have altogether withdrawing and Devising and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to Disturb and the true Worship of God within the Kingdom of England practised and by Law Established to overthrow and Sedition and Rebellion within this Realm of England to move stir up and procure and the cordial Love and true Duty and Allegiance which true and lawful Subjects of our Sovereign Lord the King toward their Sovereign bear and by Law ought to have altogether to Withdraw Forsake and Extinguish and our said Sovereign Lord the King to Death and final Destruction to bring and put the Twenty Ninth day of September in the Seven and Twentieth year of the Reign of our said Sovereign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Margarets Westminster aforesaid in the County aforesaid Falsly Maliciously and Traiterously proposed Compassed Imagined and Intended to stir up and raise Sedition and Rebellion within the Kingdom of England and to procure and cause a miserable Destruction among the Subjects of our said Lord the King and wholly to Deprive Depose Deject and Disinherit our said Sovereign Lord the King of his Royal State Title Power and Rule of his Kingdom of England and to bring and put our said Sovereign Lord the King to final Death and Destruction and to overthrow and change the Government of the Kingdom of England and to alter the sincere and true Religion of God in this Kingdom by Law established and wholly to subvert and destroy the state of the whole Kingdom being in the universal parts thereof well Established and Ordained and to levy War against our said Sovereign Lord the King within his Realm of England And to accomplish and fulfill these his most wicked Treasons and Trayterous Designs and Imaginations aforesaid the said Edward Coleman afterward that is to say the Nine and twentieth day of September in the Twenty seventh year of the Reign of our said Lord the King at the Parish of St Margarets Westminster aforesaid in the County of Middlesex aforesaid Falsly Deceitfully and Trayterously Composed Contrived and Writ two Letters to be sent to one Monsieur le Chese then Servant and Confessor of Lewis the French King to Desire Procure and Obtain for the said Edward Coleman and other False Traytors against our said Sovereign Lord the King the Aid Assistance and Adherence of the said French King to alter the true Religion in this Kingdom Established to the Superstition of the Church of Rome and to subvert the Government of this Kingdom of England And afterwards that is to say the said Nine and twentieth day of September in the year aforesaid at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid the said Edward Coleman Falsely Trayterously and Maliciously Composed and Writ two other Letters to be sent to the said Monsieur le Chese then Servant and Confessor to the said French King to the Intent that he the said Monsieur le Chese should Intreat Procure and Obtain for the said Edward Coleman and other False Traytors against our Sovereign Lord the King Aid Assistance and Adherence of the said French King to alter the true Religion in this Kingdom of England Established to the Superstition of the Church of Rome and to subvert the Government of this Kingdom of England And that the said Edward Coleman in further Prosecution of his Treason and Trayterous Imaginations and Intentions as aforesaid afterward viz. the Twenty ninth day of September in the Seven and twentieth year of the Reign of our said Sovereign Lord King Charles of England c. the said several Letters from the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid Falsly
Maliciously and Trayterously did send to the said Monsieur le Chese into Parts beyond the Seas there to be delivered to him And that the said Edward Coleman afterward viz. the first day of December in the seven and twentieth year of our said Sovereign Lord the King at the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid did receive from the said Monsieur le Chese one Letter in Answer to one of the said Letters first mentioned and written by him the said Edward Coleman to the said Monsieur le Chese which said Letter in Answer as aforesaid Falsly Maliciously and Trayterously received the day and year aforesaid at the Parish of St. Margarets Westminster aforesaid the said Edward Coleman did falsly trayterously and maliciously read over and Peruse And that the said Edward Coleman the Letter so as aforesaid by him in Answer to the said Letter received into his Custody and Possession the Day and Year last mentioned at the Parish of St. Margarets Westminster aforesaid in the County of Middlesex aforesaid did Falsly Maliciously and Trayterously Detain Conceal and Keep By which Letter the said Monsieur le Chese the Day and Year last mentioned at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid did signifie and promise to the said Edward Coleman to obtain for the said Edward Coleman and other false Traytors against our Sovereign Lord the King Aid Assistance and Adherence from the said French King and that the said Edward Coleman afterward Viz. the tenth day of December in the seven and twentieth year of the Reign of our said Sovereign Lord the King at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid his wicked Treasons and Traiterous Designs and Proposals as aforesaid did tell and declare to one Mounsieur Revigni Envoy extraordinary from the French King to our most Serene and Sovereign Lord King Charles c. in the County aforesaid residing and did falsly maliciously and trayterously move and excite the said Envoy extraordinary to partake in his Treason and the sooner to fulfil and compleat his Traiterous Designs and wicked imaginations and intentions the said Edward Coleman afterward Viz. the tenth day of December in the seven and twentieth year of the Reign of our Sovereign Lord King Charles the Second of England c. aforesaid at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid did advisedly maliciously deceitfully and traiterously compose and write three other Letters to be sent to one Sir William Throckmorton Kt. then a Subject of our said Soveraign Lord the King of this Kingdome of England and residing in France in parts beyond the Seas Viz. at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid to sollicite the said Monsieur Le Chese to procure and obtain of the said French King Aid Assistance and Adherance as aforesaid and the said Letters last mentioned afterward Viz. the day and year last named as aforesaid from the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid did falsly and t●aiterously send and cause to be delivered to the said Sir VVilliam Throckmorton in France aforesaid against his true Allegiance and against the Peace of our Sovereign Lord the King that now is his Crown and Dignity and against the Form of the Statute in that Case made and Provided Court Upon this Indictment he hath been arraigned and hath pleaded thereunto not guilty and for his Tryal he puts himself upon God and his Country Which Country you are Your Charge is to enquire whether he be guilty of the High Treason whereof he stands indicted or not guilty If you find him guilty you are to enquire what Goods and Chattels Lands and Tenements he had at the time when the High Treason was committed or at any time since If you find him not guilty you are to say so and no more and hear your Evidence Cryer If any one will give Evidence on the behalf of our Soveraign Lord the King against Edward Coleman the Prisoner at the Bar let him come forth and he shall be heard for the Prisoner now stands at the Bar upon his Deliverance Mr. Recorder May it please you my Lord and you Gentlemen of the Jury Mr. Edward Coleman now the prisoner at the Bar stands indicted for High Treason and the Indictment sets forth that the said Edward Coleman indeavouring to subvert the Protestant Religion and to change and alter the same And likewise to stir up Rebellion and Sedition amongst the Kings Liege people and also to kill the King did on the 29th of September in the twenty seventh year of the Reign of our Sovereign Lord the King at the Parish of St. Margarets VVestminster in this County compose and write two several Letters to one Mounsieur Le Chese that was then servant and Confessor to the French King and this was to procure the French Kings aid and assistance to him and other Traitors to alter the Religion practised and by Law established here in England to the Romish Superstition The Indictment sets forth likewise that on the same day he did write and compose two other Letters to the same Gentleman that was servant and Confessor to the said King to prevail with him to procure the French Kings assistance to alter the Religion in this Kingdome established to the Romish Religion The Indictment sets further forth that he caused these two Letters to be sent beyond the Seas And it also sets forth that on the tenth of December the same moneth he did receive a Letter from the Gentleman that was the Confessor in answer to one of the former Letters and in that Letter aid and assistance from the French King was promised and that he did traiterously conceal that Letter My Lord the Indictment sets out further that on the tenth day of the same moneth he did reveal his Treasons and traiterous Conspiracies to one Mounsieur Revigni who was Envoy from the French king to his Majesty of Great Britain And his Indictment declares he afterwards did write three Letters more to Sir VVilliam Throckmorton then residing in France to procure the French Kings assistance to the alteration of the Religion practised here in England Of these several Offences he stands hereindicted To this he hath pleaded not guilty If we prove these or either of them in the Indictment you ought to find him guilty Serj. Maynard May it please your Lordship and you Gentlemen of the Jury This is a Cause of great Concernment Gentlemen the Prisoner at the Bar stands indicted for no less than for an intention and endeavour to murther the King For an endeavour and attempt to change the Government of the Nation so well settled and instituted and to bring us all to ruin and slaughter of one another and for an endeavour to alter the Protestant Religion and to introduce instead of it the Romish Superstition and Popery This
a Man at the Stake and make not too much haste We do not speak it on that Account The Jury went from the Bar and returned Court Are you all agreed of your Verdict Jury Yes Court Who shall Speak for you Jury The Foreman Court Edward Coleman hold up thy hand Court Is Edward Coleman Guilty of the High Treason whereof he stands Indicted or not Guilty Jury Guilty my Lord. Court What Goods Chattels c. Prisoner You were pleased to say to the Jury that they must either bring me in Guilty or two persons perjured I am a Dying man and upon my Death and expectation of Salvation declare That I never saw these two Gentlemen excepting Mr. Oates but once in all my Life and that was at the Council Table L. C. J. Mr. Coleman Your own papers are enough to condemn you Court Capt. Richardson You must bring Mr. Coleman hither again to morrow morning to receive his Sentence The Day following being November the 28th Mr. Coleman was brought to the Bar to receive his Sentence and the Court proceeded thereupon as followeth L. C. J. ASk him what he can say for himself Make Silence Cryer Court Edward Coleman Hold up thy hand Thou hast been Indicted of High Treason thou hast thereunto Pleaded Not Guilty thou hast put thy Self upon God and thy Countrey which Countrey hath found thee Guilty What canst thou say for thy Self wherefore Judgment of Death should not be given against thee and an Execution Awarded according to Law Mr. Coleman May it please you my Lord I have this to say for my self As for my Papers I humbly Hope setting aside oral Testimony that I should not have been found guilty of any crime in them but what the Act of Grace would have pardoned and I hope I shall have the benefit of that The Evidence against me namely Oral I do humbly beg that you would be pleased to give me a little time to shew you how impossible it is that those Testimonies should be true For that Testimony of Mr. Oates in August my Man that is now either in the Court or Hall hath gotten a Book that is able to make it appear that I was out of Town from the 15th of August to the 31 of August late at night L. C. J. That will not do Mr. Coleman Coleman I do humbly offer this for this Reason because Mr. Oates in all his other Evidences was so punctual as to distinguish between Old Stile and New he never mist the Month hardly the Week and often times put the very Day for his Testimony that he gave against me was that it was the 21 of August L. C. J. He thought so but he was not possitive but onely as to the Month. Coleman He was certain it was the latter end of August and that about Bartholomewtide L. C. J. He conceived so he thought so Coleman Now if I was always out of Town from the 15 Day of August to the 31 late at night it is then Impossible My Lord That that should be a true Testimony your Lordship was pleased to observe that it would much enervate any mans Testimony if to the whole he could be proved false in any one thing I have further in this matter to say besides my mans Testimony the King hath since I have been seized on seized on my Papers and my book of Accounts where I used punctually to set down where I spent my money and if it doth not appear by that book that I was all those days and times and several other days in August to be out of Town I desire no favour You cannot suppose my Lord nor the world believe that I prepared that book for this purpose in this matter and I can make it appear by others if I had time but I only offer this to your Lordship that seeing Mr. Oates did name so many particulars and circumstances it 's very strange that he should fail in a particular of such Importance as about killing the King and no man living of common sense would think or believe that I should speak about such a thing in company that I did not well know and this to be done frequently and oftentimes as he asserts it when Oates seem'd to the King and Council and I believe the King himself remembers it when I was examined that he did not know me that he knew nothing of me so that here is two things against this witness that can hardly happen again My Circumstances are extraordinary and it is a great providence and I think your Lordship and the whole world will look upon it as such if for any Crimes that are in my Papers if there be any mercy to be showed me by the Kings Gracious Act of Pardon I humbly beg that I may have it L. C. J. None Col. If none I do humbly submit but I do humbly hope with submission that those Papers would not have been found Treasonable Papers L. C. J. Those Letters of yours Mr. Coleman were since the Act of Pardon your Papers bear date 1674.1675 and there hath been no Act since But as for what you say concerning Mr. Oates you say it in vain now Mr. Coleman for the Jury hath given in their Verdict and it is not now to be said for after that Rate we shall have no End of any mans Trial but for your satisfaction Mr. Coleman to the best of my remembrance Mr. Oates was positive only as to the month of August he thought it might be about the 21st day or about Bartholomew-Fair time but he was absolute in nothing but the month Col. He was punctual in all his other evidences but in this he was not and when I was examined at the Council Table he said he knew little of me L.C.J. He charged you positively for having held Conspiracy to poison the King and that there was Ten Thousand Pounds to be paid for it and afterwards there was Five Thousand Pound more to be added and he positively charges you to be the person that amongst all the Conspirators was reputed to pay the Five Thousand Pound Col. He said it after such a fashion L. C. J. He said it after such a fashion that Sir Robert Southwell and Sir Thomas Doleman satisfied us that he did the thing and that plainly to his understanding and what say you he said Col. That he did not know me L. C. J. Neither of them say so that he said he did not know you they deny it Col. He said so upon my death L. C. J. 'T is in vain to dispute it further there must be an End Cryer make O yes Our Soveraign Lord the King doth straightly Charge and Command all persons to keep silence while Judgment is given upon the Prisoner Convict upon pain of Imprisonment L. C. J. You are found guilty Mr. Coleman of High Treason and the Crimes are several that you are found Guilty of You are found Guilty of Conspiring the death of the King you are