At Hampton-Court, July 28, 1681. Upon reading this day at the board the Petition of Stephen Colledge, prisoner in the Tower, praying that in order to the making his defence at his trial, which he hears is to be the middle of the next month, he may be permitted to see his two children, to have the liberty of pen, ink, and paper, and that Mr. Aaron Smith, and

commonly said, these juries would believe every thing one way, and nothing the other. If they had found the bill, so that Colledge had been tried upon it, he would have been certainly saved: but since the witnesses swore that he went to Oxford on that design, he was triable there. North went to Oxford, Colledge being carried thither: and he tried him there. North's behaviour in that whole matter was such, that probably, if he had lived to see an impeaching parliament, he might have felt the ill effects of it. The witnesses swore several treasonable words against Colledge, and that his coming to Oxford was in order to the executing these: so here was an overt-act. Colledge was upon a negative: so he had nothing to say for himself, but to shew how little credit was due to the witnesses. He was condemned, and suffered with great constancy, and with appearance of devotion. He denied all the treasonable matter that had been sworn against him, or that he knew of any plot against the king. He confessed, that a great heat of temper had carried him to many undutiful expressions of the king: but he protested he was in no design against him. And now the court intended to set the witnesses to swear against all the hot party; which was plainly murder in them, who believed them false witnesses, and yet made use of them to destroy others. One pas sage happened at Colledge's trial, which quite sunk Dugdale's credit: it was objected to him by Colledge, to take away his credit, that, when by his lewdness he had got the French pox, he to cover that gave it out that he was poisoned by papists: upon which he, being then in court, protested solemnly that he never had that disease; and said, that if it could be proved by any physician that he ever had it, he was content that all the evidence he had ever given should be discredited for ever. And he was taken at his word: for Lower, who was then the most celebrated physician in London, proved at the council board that he had been under cure in his hands for that disease; which was made out both by his bills, and by the apothecary that served them. So he was never more heard of." 1 Burnet, 504.

"It is certain, that his majesty had taken great offence at the Oxford parliament, for the particular zeal of the people in many of their elections; and for the particular respect paid the members of the city of London, in a great retinue waiting on them, &c. Of this number of attendants was 'one Stephen Colledge, commonly known by the name of the Protestant Joiner, a busy man, and a great zealot against

Mr. Robert West may come to him; his majesty was pleased to order, that the lieutenant of the said Tower of London do permit the said Stephen Colledge to have pen, ink, and paper, and to see his two children, and the said Mr. Aaron Smith, and Mr. Robert West, and to converse with them as often as he shall desire in presence and hearing of the warder who attends him.

popery, who went down to Oxford, and there spoke words, and recited rhimes, that were said to reflect upon the king. This mechanic was to be made an example of meddling with politics; so an indictment of high-treason was exhibited against him to the Grand-jury of Middlesex; but the jury returned an ignoramus upon it: for which Mr. Wilmore, the foreman, was, out of all course of law, apprehended, and examined before the council, August 16th, and sent to the Tower; and was afterwards forced to fly beyond the seas. When the design had thus miscarried in London, they laid a new scene against this offender at Oxford, where they hoped to find a more pliable Grand-jury; and to make sure that the bill might not a second time miscarry, the witnesses were sent down post to the assizes, and by secret management were privately shut up with the jury till they had found the bill: which was afterwards complained of, as an intolerable practice. As soon as the bill was found against him, a jailer and a messenger were sent away to hurry him down to his trial, who, by order of the king's counsel, took from him all his instructions for his defence, and carried them to the counsel, for them only to make their use and advantage of them. This way of procedure was thought to be very harsh and illegal; yet the poor man, under these severe circumstances, was not wanting to himself, but stoutly made his defence; and, as sir John Hawles observes upon that trial, the best defence, all circumstances considered, that ever man made for his life. But indeed, it seemed to be a matter resolved upon above, he must die; and so he was, August 18th, found guilty of high-treason, and on the 31st of the same month executed in Castle-yard." 3 Kennet, 499.

"In the interval between the Oxford parliament and that Michaelmas 1682, a time of much discovery, there happened two notable cases. One was Stephen Colledge, and the other of one Rous. The first of these was a joiner by trade, but, being a pragmatical man, and a fanatic, was set up as a prime operator in the desperate doings of the party; and, after their way of abusing the word Protestant, (which was first derived from the Lutheran protestation in Germany, and since is used to distinguish all reformed churches) by applying it to every thing they approved, or that run sideling along with the faction, as also the word papist for the contrary, and so, by an art of calling names, finding means for casting no little prejudice upon things, this handycraftsman was made famous by the title of the

Humbly sheweth; That your petitioner having been a close prisoner ever since his first commitment, is altogether ignorant of the Protestant Joiner; and his province lay in managing of sedition and treason among a lower order of men; and he had, in particular, a great charge incumbent upon him, to conduct that which was dressed up for the Oxford parliament.

"I would first note that, when the public began to settle a little, after the Oxford parliament dissolved, there were daily discoveries of the rogueries intended there; and whoever has a mind to know the forms, language, and conceptions of the treason company one with another, and the methods of the directors to engage them, with the authority the faction-mongers of the city had over the whole, tending to the great work of taking off the king and the duke, may read Mr. Zeal's Narrative, entitled Villainy Displayed, 1683. I do not mention this pamphlet as a voucher of truth in all respects, because there was a spice of the pickthank in it; but it affords such natural images of faction, with their ordinary dialect and converse, and prattique of treason, as cannot well be all fictitious: And, for the gross facts, every one may trust or distrust as they find cause. As for Colledge there was early evidence of rank High Treason against him; and therefore an Indictment was preferred to the Grand Jury at the Old Bailey; but against full evidence, as the following proceedings shew, the return was Ignoramus. This obviated all farther criminal prosecution there; the door was shut, and no entrance into the common course of justice was to be had. But the scandalous Ignoramus was no discharge, and it was considered that the overt facts, of the treason against him, were the stirring up of war, and, in order to it, preparing arms and habiliments, advising others to do the like, and designing to seize the person of the king, and declaring he would be one; and that no good was to be expected from the king, who minded nothing but beastliness, and the destruction of his people, and to establish arbitrary government. All which facts were done as well in Oxfordshire as in Middlesex, whereby the treason lay in two counties; and, in that case, the king by law may choose in which county he will pursue, for both are proper. It was determined thereupon, that, since the justice of an Indictment was denied by the Middlesex Grand Jury, to proceed to indict and try Colledge in Oxfordshire. And, there being an opportunity by means of the assizes then at hand, the witnesses were sent down, and an Indictment preferred to the ordinary Grand Jury,

particular matters charged against him, and of the names of the witnesses who are to prove the same; upon his knowledge of both which, as well the nature as the manner of his defence deration of his case, several matters of law must depend; and because upon the consimay arise as well before as at the time of his trial, in which counsel will be necessary to assist him, and several matters of fact preparatory to his trial, with which, under his conwho found the bill. This could not be unequal; for this case was not thought of when that Grand Jury was returned. After the bill found, the assizes did not continue long enough to bring on the trial of the prisoner, for he would have complained of too short warning. Therefore an extraordinary commission of Oyer and Terminer issued to the judges of the western and Oxford circuits to try the prisoner; and the two former were ordered to return from their circuit by Oxford, and to be there at the day. So these Judges met and held the sessions, and after a long trial, upon the Indictment found by the county Grand Jury, and full evidence in the hearing of a vast assembly of all sorts of people, the prisoner was found Guilty of High-Treason, and, soon after, executed; as I am about to relate.

"It is not to be conceived what a thunderclap it was for the faction, to hear that a prime instrument of theirs should be brought to answer, much more to be attain of Treason. They thought their whole party safe ensconced behind the sheriffs of London and Middlesex, with their partisans of Ignoramus; and that the law was enervous as to them. And now, for one of them to be haled forth to an indifferent trial, with the consequences, was of the last importance, and would render the most zealous of their party less daring, and many (as was found in diverse instances already) go over and become discoverers. This made the whole party engage, as pro Aris et Focis, with all the skill and interest they had, to boom off this fire-ship, and save their friend. And accordingly they went to work, inventing, contriving, soliciting, by all possible means, if it might be brought about, to baffle the trial. And the attendance was accordingly, for there was scarce a pragmatical town party-man absent; and abundance of the vulgar sort of them. Aaron Smith, as far as he durst, and that was not a little, took the post of solicitor for the prisoner. It was he that was agent for the Scotch rising in the Rye plot. There was Dr. Oates booted, and spurred, and sworded, and the whole trained band of his dependence to help out, that could so well help in at a dead lift. With this armament and attendance, not unlike that which was at the meeting of parliament, this Protestant Joiner came down to be tried at Oxford.

"When the western Judges, that is the Lord Chief Justice North and Mr. Justice Jones, arrived, just at his lordship's alighting from his coach, a servant put into his hand a letter left

may have some knowledge of them before his trial.-In full assurance therefore of the great justice and clemency of your majesty and this treason no other than zeal against popery, 'that he was a busy man, and a great talker against popery.' A good workman at disjoining, whoever paid hin; and, as for his offence, he went down to Oxford, and there spoke words ⚫ and recited rhymes which were said to reflect on the king.' What a barbarous way of writing is this! Only said' to reflect on the king. The author is so far from allowing any thing treasonable in his case that he carries it no farther than a few words and rhymes which were but 'said' orsupposed, not that they really did reflect on the king; and, if they did, we know that is but misdemeanor and not treason. Why did he not shew what the words were, the tendency and use of the rhymes, and other fact proved? It would then have appeared he was poet and singing master as well as songster. He was good at draught and design, and could make hieroglyphics of popery and arbitrary power and represent emblematically the downfall of his majesty; as in his Raree-show and Mackninny, as I touched before. But those were bawbles for the underling mob to be engaged with. His magazine for action was of another sort, iron ware and arms, besides notable persuasive discourses he had to incite folks to use them against the king, whom, by his slighter implements, he vilified and derided most execrably. Thus, like the hero, tam Marti quam Mercurio,' he plied his work. If the trial had not been in print, it had been needful to have given a fuller account of this case: But I decline the tædium of a nice examination, at this time of the day, superfluous; it is enough to shew the perfidy of the account given in this History.

"It goes on to sum up all in a little; shewing that this mechanic was to be made an example,' not for any treason, or so, but, for meddling with politics,' the rest follows of course; but observe an admirable conciseness, and so an indictment was preferred against him. I am really afraid of being suspected for abusing an historical writer. It being almost incredible any pretender that way, even of the Grubstreet order should take upon him to relate facts and proceedings, and write such stuff as this. But with leave of his and so,' the indictment came replete with facts of high treason as touched before, and all proved by lawful witnesses against him, before the London grand jury; but they (just as our author here) made a mere ballad of it, and rejected the bill. Then as the party concluded, College was safe. Now comes in the author with a fresh subject of libel. For which (Ignoramus) Wilmore the foreman, was, out of all course of law, apprehended and examined before the council, and sent to the Tower, and was afterwards 'forced to fly beyond the seas.' Now, upon my small experience of affairs, which tells me this for which' cannot be true, I will out with my

honourable Board, which he hath lately had some experience of, and doth with all humility and thankfulness acknowledge, your petitioner purse, and wager all that is in it that the scan-. dal is false. But I fear every reader will not venture so deep, being (perhaps) inclined to think a grave writer should not affirm a fact, in manner and circumstance, so very untrue. That Wilmore, by his perjurious Ignoramus, was not much recommended to his majesty's favour, so as by his extraordinary interposition, to be taken out of the hands of the law, when it had seized on him for crimes, I readily grant; as also that if a man will effrontuously break the sacred trust of justice, in a matter of treason against the state, more like a partisan than a sworn enquirer, that the state will lay hold on him, if he be found, in any respect, obnoxious to the law: And farther, that a man must needs be a saint, indeed, that practises barefaced against lawful authority. All these things I grant; whereof the consequence is that Mr. Wilmore, and every one else of his bold usurpation, must look to their hits; for, if they may, they will be caught napping. But, as to the said for which,' that is for his return of Ignoramus, I deny that it either was made or mentioned to be any part of his crime; but he was taken up by lawful warrant, and not, as the author abusively affirms, for his verdict, which could not be so. It seems, some of the neighbours, that had him in detestation, informed that he was a kidnapper, and that he had sent one or two young men to the plantations; and it was verily believed he had sold them there. Upon this, he was taken up and examined, and, afterwards, not only tried at the King's-bench bar and convict (as I find in the Chronological History of England, 24 May 1682) but was also obnoxious, if not charged by a writ de Homine replegiando, and committed (as the nature of which writ requires) until he produced the persons in order to be replevied, this was the ancient remedy for the liberty of the subject, and is indeed more effectual and expedite than an Habeas Corpus. The difference is that the former is the process of the government, that took care of the people's liberties (wherefore men affected to style themselves the king's subjects) against the great men that tyrannised; and the latter is chiefly intended against the government itself, and the abuses of its power. But, as for Wilmore the kidnapper, he found means to clear himself by the activity of his heels. Whoever would know the steps of this matter, may find somewhat of it in the pamphlets of the time, and particularly in L'Estrange's Observators; out of which the whole story may be picked.

"In such a case as this, so defamatory of a settled government, an author should have made good his charge by some authoritative evidence, as the order of council, warrant of commitment, or return of an Habeas Corpus, as might have been had for the looking for. O!