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language, which was no more than family treason upon the statute of 27 Eliz. cap. 2, the duty; and I can produce a witness that women principal branch whereof is this: . And be it say their prayers publicly in an unknown further enacted by the authority aforesaid, tongue, and all answer; and by these circum- that it shall not be lawful to or for any jesuit, stances I am accused for being a priest. seminary priest, or other such priest, deacon,
Baron Street. I find, Mr. Busby, you un- or religious or ecclesiastical person whatsoderstand the law. But pray you, is the Sa- ever, being born within this realm, or any crament given by women ? And is absolution other of ber highness's dominions, and heregiven by women
tofore, since the said feast of the nativity of Busby. If they understand not the language, · St. Jobn Baptist, in the first year of her mathey understand not the thing: treason may be jesty's reign, made, ordained, or professed, or spoke in French, and I not know it to be so. bereafter to be made, or:lained, or professed,
Baron Street. Then it seems no man can by any authority or jurisdiction, derived, prove a priest that does not understand the challenged or pretended from the See of Latin tongue.
• Rome; by or of what name, title or degree Busby. None of the witnesses has sworn • soever the same shall be called or known, to that I gave absolution, nor that I said mass, come into, be or remain in any part of this but in an unknown tongue. What they have realm, or any other her highness's dominions, said are only circumstances, and do not prove after the end of the same forty days, other the indictment; and what they say I did, are * than in such special cases, and upon such things that are performed by those who are not special occasions only, and for such times priests. I offer it again to your lordship's only, as is expressed in this act : and if he consideration, that I have, not been proved a • do, that then every such offence shall be born subject of the king's. I was deprived of taken and adjudged to be high-treason: and my Habeas Corpus, which was detained in the
every person so offending, shall for his offence sheriff's hand, and so lost 'the benefit of it; be adjudged a traitor, and shall suffer, lose, (these things are material ;) and have not had and forfeit, as in case of high treason.' time to produce witnesses that I was not born This makes every offender against this stain England, but beyond sea : at London ! tute a capital offender, and guilty of highcould have got evidence to prove that; and treason : now whether he is within this law, here has been no proof' made of that, but a you are to consider. Mr. Gilbert has told you story told of me when I was a child : I have that he is a reputed priest and jesuit in the proved that my name cannot be found in the neighbourhood, and that as such he had an register et Coddington. For the rest I have order from his majesty to apprebend him. He not had time; if I had had the benefit of my used bis endeavours to take him for some time, Habeas Corpus, to have been tried at London, but could not apprehend him till the 16th of I had friends there that could have proved me March last, and then he found him; but in born beyond sea : this Dudley that appears an such an obscure hole, that no body would hide evidence against me, was a servant of Mr. himself in, but such an extraordinary offender. Powtrel's, who was gone away upon disgust; Innocent people do not obscure themselves in he sent away several loads of goods, and now that manner.' Joseph Dudley, to prove him a he comes to swear against me; I am verily native and not an alien, tells you, that when confident that he carried away above three soldiers in the time of the late wars, came to horse-load of goods, that he carried privately plunder his father's house, he heard him say, out of the garden, of plants and such things, that at two years old he hid himself in the cur. and sent them all away.
tains in his mother's chamber for fear of the Mr. Gilbert. My lord, they were bis clothes, soldiers. But (says the prisoner) my memory and other things of his own, which he took could not serve me at two years old to retain with bim when he went away.
what I did then. But our parent tells us Baron Street. All this signifies nothing, if it what we did then. If a man be asked, what be proved ; but bring what witnesses you will age are you of? No man can tell but as his to prove it.
parents tell him. My father told me I was Busby. I hope your lordship will consider six years old, and from thence I remember that I am an alien born, and that by the loss of it. His father and mother were not out of my Habeas Corpus I had not time to bring my England, as appears, till about 1646, and witnesses; and that the prayers I said were then the war was ended ; and the prisoner only family-duties : I hope that will be consi- confessed himself to be about forty years of dered ; and that those people tbat have sworn I age, which shews him born in England. He said mass and absolved,' do not know what that but observes his language will find that mass is, nor absolution. 'My lord, here is no- the tone of the English language remains thing proved of the indictment against me. with bim. One born in Wales (though he
Baron Street. You have said all this six came young from thence he will have a times over, if you have nothing farther to say Welsh tone as long as he lives. The prisoner in your defence, I must sum up the evidence to tells yon, that no man has proved his being in the jury.
orders of the Church of Rome, por where, Baron Street. You of the jury, the prisoner when, or by whom made a priest : but if all at the bar, George Busby, stands indicted of that were to be proved, it would make the law
idle and insignificant. If he be made a priest produce them upon all occasions. Must he in England, it is as much as if made at St. therefore be no priest? Upon the whole, if you Omer's or Rome. He did own to Joseph believe the witnesses, or any two of them, you Dudley, that he was made a jesuit, and la-are to find the prisoner guilty; I believe you boured to make a convert of him in the garden, have had full evidence; go together, and conwhen he was alone with him. The next, was sider of it. Thomas Houis, who courted a woman, and The Jury went forth, and after a short stay must not have her, unless he turned Roman came back into the Court.) And then, Catbolic. Busby must discourse bim, and Clerk. Gentlemen of the jury, have you make a convert of him. He hears Busby agreed on your verdict ?--Jury. Yes. preach three times, and heard him
Clerk. Who shall say for several times ; and was not only married by Jury. The Foreman. him, but has been confessed and absolved by Clerk. George Busby, hold up thy hand: him divers times. But Busby's fallacious ar- look upon the prisoner. gument has no weight in it, that because he Clerk. Do you find George Busby Guilty of understood not Latin, therefore he proves it not the high-treason and felony he hath been armass por other services of the Church of Rome. raigned of, or Not Guilty ? - Foreman. Guilty. Dorothy Saunders speaks to the same purpose, Clerk. And so you say all ?-Jury. Yes. that he confessed and absolved her. And she Clerk. Look to him jailor. . tells you, that she has seen bim elevate the Baron Street. Though I must pass Sentence host, and has shewed you the manner how ; upon you of course, the Jury having found and he gave her the Sacrament, which she and you guilty ; yet I must tell you, that his mathe rest took from him as the Sacrament : and jesty hath commanded me to reprieve you from that she has seen him officiate in some of the execution. robes produced in Court. Sarah Clark speaks Then Mr. Baron Street passed Sentence: to the same purpose, and so did Elizabeth That you the prisoner, now at the bar, be Evans. But Busby says, because this was conveyed hence to the place from whence you done in an unknown tongue, they cannot swear came, and that you be conveyed thence on a it; and that he is no priest, because they do hurdle to the place of execution ; where you not swear where, and when, he received his are to be hanged by the neck; that you be cut orders. Whoever does exercise that profession, down alive, that your privymembers becut off, we do believe him of that church. When a your bowels taken out and burnt in your view; minister of our Church preaches or officiates, that your head be severed from your body; we do not say, pray let us see your orders first; that your body be divided into four quarters ; but if he officiate usually as a priest, it is taken which are to be disposed of at the king's pleafor granted that he is one. He can tell where sure: and God of his infinite mercy have he received his orders, but it may be cannot mercy upon your soul.'
281. The Trial of STEPHEN COLLEDGE, at Oxford, for High
Treason : 33 CHARLES II. A. D. 681.* THE PETITIONS of STEPHEN COL-or his children, and being lately informed, that
LEDGE, precedent to his Trial, with the it is ordered your petitioner shall come to his Orders made thereon.
trial at the city of Oxon about the middle of the To the King's most excellent Majesty: the humbly prays your sacred majesty, that leave
next month ; Your petitioner therefore most humble Petition of Stephen COLLEDGE, Now Prisoner in your Majesty's Tower of Robert West to come to him ; and also to have
may be given for Mr. Aaron Smith and Mr. London;
the use of pen, ink, and paper, in order only to Most humbly sheweth ; That whereas your make his legal and just defence, and also to Petitioner being charged with high-treason, is have the comfort of seeing his two children, under strait confinement, that he hath not And your petitioner as in duty bound shall ever liberty to see or speak with any of his friends pray, &c.
• See his Examination at the Trial of Lord he was believed to have spoken oft with great Stafford, vol. 7, p. 1465, of this Collection. iņdecency of the king, and with a sort of
“ Soon after this Dagdale Turbervill, Smith, threatening, that they would make him pass and the Irish witnesses came under another the Bill of Exclusion. But a design to seize management; and they discovered a plot laid on the king was so notorious a falsehood, that against the king to be executed at Oxford. notwithstanding all that the witnesses swore, The king was to be killed, and the government the Grand-jury returned •
"ignoramus' upon was to be changed. One Colledge, a joiner by bill. Upon this the court cried out against the trade, was an active and hot man, and came to juries now returned, that they would not do be known by the name of the Protestant Joiner. the king justice, though the matter of the bill He was first seized on: and thọ witnesses was sworn by witnesses whose testimony was swore many treasonable speeches against him: well believed a few months before: it was
Mr. Robert West may come to him ; his maAt Hampton-Court, July 28, 1681.
jesty was pleased to order, that the lieutenant Upon reading this day at the board the Pe- of the said Tower of London do permit the said tition of Stephen Colledge, prisoner in the Tower, Stephen Colledge to have pen, ink, and paper, praying that in order to the making his defence and to see his two children, and the said Mr. at his trial, which he hears is to be the middle Aaron Smith, and Mr. Robert West, and to conof the next month, he may be permitted to verse with them as often as he shall desire in see his two children, to have the liberty of pen, presence and hearing of the warder who atink, and paper, and that Mr. Aaron Sinith, and tends him. commonly said, these juries would believe every popery, who went down to Oxford, and there thing one way, and nothing the other. If they spoke words, and recited rbimes, that were said had found the bill, so that Colledge had been to reflect upon the king. This mechanic was tried upon it, he would have been certainly to be made an example of meddling with polisaved: but since the witnesses swore that he tics; so an indictment of high-treason was exwent to Oxford on that design, he was triable hibited against him to the Grand-jury of Midthere. North went to Oxford, Colledge being dlesex; but the jury returned an ignoramus carried thither : and he tried him there. North's upon it: for which Mr. Wilmore, the foreman, behaviour in that whole matter was such, that was, out of all course of law, apprehended, and probably, if he had lived to see an impeaching examined before the council
, August 16th, and parliament, he might have felt the ill effects of sent to the Tower; and was afterwards forced it. The witnesses swore several treasonable to fly beyond the seas. When the design had words against Colledge, and that his coming thus miscarried in London, they laid a new to Oxford was in order to the executing these : scene against this offender at Oxford, where so here was an overt-act. Colledge was upon they hoped to find a more pliable Grand-jury: a negative: so he had nothing to say for hím- and to make sure that the bill might not a seself, but to shew how little credit was due to cond time iniscarry, the witnesses were sent the witnesses. He was condemned, and suf- down post to the assizes, and by secret managefered with great constancy, and with appear- ment were privately shut up with the jury till ance of devotion. He denied all the treason they had found the bill: which was afterwards able matter that had been sworn against him, complained of, as an intolerable practice. As or that he knew of any plot against the king soon as the bill was found against him, a jailer He confessed, that a great heat of temper had and a messenger were sent away to hurry him carried bim to many undutiful expressions of down to his trial, who, by order of the king's the king : but he protested he was in no de- counsel, took from him all his instructions for sign against him. And now the court intended his defence, and carried them to the counsel, to set the witnesses to swear against all the hot for them only to make their use and advantage party; which was plainly murder in them, of them. This way of procedure was thought who believed them false witnesses, and yet to be very harsh and illegal; yet the poor man, made use of them to destroy others. One pas under these severe circumstances, was not sage happened at Colledge's trial, which quite wanting to himself, but stoutly made his desunk Dugdale's credit: it was objected to him fence; and, as sir John Hawles observes upon by Colledge, to take away his credit, that, that trial, the best defence, all circumstances when by his lewdness he liad got the French considered, that ever man made for his life. pox, he to cover that gave it out that he was But indeed, it seemed to be a matter resolved poisoned by papists : upon which he, being upon above, he must die; and so he was, then in court, protested solemnly that he never August 18th, found guilty of high-treasop, had that disease ; and said, that if it could be and on the 31st of the same month executed in proved by any physician that he ever had it, he Castle-yard.” 3 Kennet, 499. was content that all the evidence he had ever “ In the interval between the Oxford parliagiven should be discredited for ever. And he ment and that Michaelmas 1682, a time of was taken at his word : for Lower, who was then much discovery, there happened two notable the most celebrated physician in London, eases. One was Stephen Colledge, and the proved at the council board that he had been other of one Rous. T'he first of these was a under cure in his hands for that disease ; which joiner by trade, but, being a pragmatical man, was made out both by his bills, and by the and a fanatic, was set up as a prime operator apothecary that served them.
So he was
in the desperate doings of the party; and, never more heard of.” 1 Burnet, 504. after their way of abusing the word Protes
“ It is certain, that his majesty had taken tant, (which was first derived from the Lys great offence at the Oxford parliament, for the theran protestation in Germany, and since is particular zeal of the people in many of their used to distinguish all reformed churches) by elections; and for the particular respect paid applying it to every thing they, approved, on the members of the city of London, in a great that run sideling along with the faction, as also retinue waiting on them, &c. Of this number the word papist for the contrary, and so, by an of attendants was one Stephen College, com- art of calling names, finding means for casting monly known by the name of the Protestant no little prejudice upon things, this handyJoiner, a busy nian, and a great zealot against cratisman was made
famous by the title of the
To the King's most excellent Majesty, and to the names of the witnesses who are to prove
particular matters charged against him, and of the Right Honourable the Lords of bis the same ; upon his knowledge of both which, Majesty's most honourable Privy Council. The humble Petition of STEPHEN Col- as well the nature as the manner of his defence LEDGE, now a Prisoner in the Tower of deration of his case, several matters of law
must depend ; and because upon the consiLondon.
may arise as well before as at the time of his Humbly sbeweth ; That your petitioner trial, in which counsel will be necessary to having bốen a close prisoner ever since his assist him, and several matters of fact prepafirst commitment, is altogether ignorant of the ratory to his trial, with which, under his conProtestant Joiner ; and bis province lay in ma- who found the bill. This could not be unequal ; naging of sedition and treason among a lower for this case was not thought of when that order of men ; and he had, in particular, a Grand Jury was returned. After the bill found, great charge incumbent upon him, to conduct the assizes did not continue long enough to that wbich was dressed up for the Oxford par- bring on the trial of the prisoner, for be would liataent.
have complained of too short warning. There“I would first note that, when the public began fore an extraordinary commission of Oyer and to settle a little, after the Oxford parliament Terminer issued to the judges of the western dissolved, there were daily discoveries of the and Oxford circuits to try the prisoner ; and rogueries intended there ; and whoever has a the two foriner were ordered to return from mind to know the forms, language, and con. their circuit by Oxford, and to be there at the ceptions of the treason company one with ano- day. So these Judges met and held the sesther, and the methods of the directors to en- sions, and after a long trial, upon the Indictgage them, with the authority the faction-mon- ment found by the county Grand Jury, and gers of the city had over the whole, tending full evidence in the hearing of a vast assembly to the great work of taking off the king and of all sorts of people, the prisoner was found the, duke, may read Mr. Zeal's Narrative, Guilty of High-Treason, and, soon after, exeentitled Villainy Displayed, 1683. I do not cuted; as I am about to relate. mention this pamphlet as a voucher of truth in “ It is not to be conceived what a thunder all respects, because there was a spice of the clap it was for the faction, to hear that a prime pickthank in it; but it affords such natural instrument of theirs should be brought to answer, images of faction, with their ordinary dialect much more to be attain of Treason. They and converse, and prattique of treason, as can- thought their whole party safe ensconced be. not well be all fictitious : And, for the gross hind the sheriffs of London and Middlesex, facts, every one may trust or distrust as they with their partisans of Ignoramus; and that find cause. As for Colledge there was early. the law was enervous as to them. And now, evidence of rank High Treason against him for one of them to be haled forth to an indifand therefore an Indictment was preferred to ferent trial, with the consequences, was of the the Grand Jury at the Old Bailey ; but against last importance, and would render the most full evidence, as the following proceedings zealous of their party less daring, and many shew, the return was Ignoramus. This ob- (as was found in diverse instances alreatly) go viated all farther criminal prosecution there ; over and become discoverers. This made the the door was shut, and no entrance into the whole party engage, as pro Aris et Focis, with common course of justice was to be had. But all the skill and interest they had, to boorn off the scandalous Ignoramus was no discharge, this fire-ship, and save their friend. And 8Cand it was considered that the overt facts, of cordingly they went to work, inventing, conthe treason against him, were the stirring up of triving, soliciting, by all possible means, if it war, and, in order to it, preparing arms and ha- might be brought "about, to battle the trial. biliments, advising others to do the like, and And the attendance was accordingly, for there designing to seize the person of the king, and was scarce a pragmatical town party-man declaring he would be one ; and that no good absent; and abundance of the rulgar sort of was to be expected from the king, who minded them. Aaron Smith, as far as he durst, and nothing but beastliness, and the destruction of that was not a little, took the post of solícitor his people, and to establish arbitrary govern- for the prisoner. It was be that was agent for ment. All which facts were done as well in the Scotch rising in the Rye plot. There was Oxfordshire as in Middlesex, whereby the trea- Dr. Oates booted, and spurred, and sworded, son lay in two counties; and, in that case, the and the whole trained band of his dependence king by law may choose in which county he to help out, that could so well help in at a dead will pursue, for both are proper. It was de- lift. With this armament and attendance, not termined thereupon, that, since the justice of unlike that which was at the meeting of parliaan Indictment was denied by the Middlesex ment, this Protestant Joiner came down to be Grand Jury, to proceed to indict and try Col- tried at Oxford. ledge in Oxfordshire. And, there being an " When the western Judges, that is the Lord opportunity by means of the assizes then at Chief Justice North and Mr. Justice Jones, arhand, the witnesses were sent down, and an In- rived, just at his lordship's alighting from his dictment preferred to the ordinary Grand Jury, coach, a servant put into his hand a letter left finement he cannot be furnished without the privilege allowed by law of peremptory chalhelp of a solicitor, and he is like to be wholly lenge to several jurors, especially in a country upcapable of receiving any benefit from the where he is absolutely a stranger, unless he directed for him. He opened it, and found only suffice. I shall only note a passage or two, as these words --- You are the rogue the Court I think singular, and then speak with the au• relies on for drawing the first innocent blood.' thor about the honest copy he has made from After his lordship was in his chamber and some so just an original. It was Aaron Smith that put friends with him, he shewed it to them, saying the papers into the prisoner's hand, and being only, that, “ These men think me so poor spirited, questioned about it, lifted up as high as he could
as to be frighted from my duty by such silly stretch, and, said publicly — It is bigb time to • stuff as this.' It is a thing of course for men, have a care when our lives and estates are beset in the circumstances of this criminal, to de- • here. The chief justice rose up and (calmly) sire time after time, and to insist upon all dila- said to the clerk, Record those words.' l'he contories, and to be very querulous, if every thing sequence of that was a conviction without farthey ask, be not granted ; for they are never ther trial ; upon which the court might have in haste; and it is always one l'equest for adjudged a punishment. But Smith was aware friends to have access to them. And, in this of that, and fell to recanting and explaining, case, there was enough of all this ; for peti- which diverted the proceeding ; and the judges tions upon petitions bad been preferred, pray- only took his recognition to attend during the ing such kind of indulgences, which were session. This passage of recording the words granted, as appears by the petitions and orders is not put in the printed trial, because, as I supprinted at the beginning of the trial, to silence pose, nothing being done, it went for nothing. the lying spirits of the party, who then (as this Sir George Jefferies, and one of the prisoner's author, in this his Complete History, hath) witnesses, bad a parree of wit. It was one John falsely pretended that he had neither time nor Lupn, an old quondam drawer at the St. Dunmeans allowed for his reasonable desence. In stan's, aliás, Devil Tavern, and gifted like an the list of the prisoner's counsel we find Mr. army saint. He was once heard praying by Smith, that was plot counsel to Oates, and one the spirit against the cavaliers, and, among West, deep in the Rye conspiracy; and these other spiritual elegancies, he cried, 'Scatter’em, gentlemen, witis their assistant, had penned for good Lord, Scatter'em,' which gained him the the prisoner's use, not only captious law ques- nickname of Scatter'em. Sir George Jefferies tions, but florid speeches and harangues, with was somewhat too busy in asking him questhe cues where they were to be pricked in, as tions : and, sir George, said he, I never was the course of the trial went on. The contents upon my knees, as you were, before the parwere recrimination and libel upon the govern- liament. Nor I, said sir George, for much, but ment, charging popery, French counsels, cut- you were so when you cried Scatterem. Oates ting off protestants, arbitrary power, and the was also called to witness for the prisoner, like factious stnff, such as, if not helping the against the credit of some of his brother eviprisoner off, might fill the trial, when printed, dences that had testified for the king. He af: with libel upon the government; an art usual fected to pronounce ore rotundo, the round with the faction. After the prisoner was come, oaths and ribald stuffthat he charged the others the Judges, at his desire, allowed free access of to have uttered. And, among other things, his friends to him. But one of the officers ob- he said of one Smith, who was a minister, that served that one of them put a parcel of papers in he once admonished him of his oath upon the to his hand; and, upon his information they were gospel, and his answer was G-d, the gospel ; sent for and inspected, and found to be, partly and that vile sentence Oates mouthed out so concerning his defence, as witnesses names, odiously, as very much offended all (not so bad &c. but abundance of the aforesaid libellaus as himself) that beard it. And the manner of harangues. When the court was set, any one, his behaviour shewed the genius of the man that knew persons, might be diverted by observ- more than any description can do. He did but ing the diligence of the soliciting crew, and how use the privilege of a theist or free-thinker ; of they had posted themselves in the view of the pri- which crew, or worse, he plainly declared himsoner, and made signals at all turns with winks self by this passage, He told of bis waiting and lip-bitings. The prisoner was arraigned, with some company for dinner in the city, and. and, after much ado, pleaded Not Guilty, and, said he, to divert ourselves, we entered into a upon his complaint about his papers, they were discourse of philosophy; and the questions distinguished, and all
, that were not mere libel, were concerning the being of a God and the returned to him, and his trial was appointed the immortality of the soul, whether those could next day. It is a pity our author had not be proved by patural demonstration. And be copies of these harangues to put in full length seemed much gratified in this opportunity of into bis History, they would have sat very well talking profanely in public. But enough of there.
these base mementos. " It is time to come to " I do not propose to make a report or extract our author, who pretends to sink deep for the of this trial, to represent the numerous cavils intrigue of this man's case. and chicaneries that were used in it, for the “ He begins with his character, which after whole is in print, and readily had ; and let that his rule of the times, was meritorious ; and his