« PreviousContinue »
may have some knowledge of them before his honourable Board, which he hath lately had trial.-In full assurance therefore of the great some experience of, and doth with 'alt humility justice and clemency of your majesty and this and thankfulness acknowledge, your petitioner treason no other than zeal against popery, 'that purse, and wager all that is in it that the sean• he was a busy man, and a great talker against dal is false. But I fear every reader will not * popery: A good workman at disjoining, who- venture so deep, being (perhaps) inclined to ever paid him; and, as for his offence, he think a grave writer should not affirm a fact, • went down to Oxford, and there spoke words in manner and circumstance, so very untrue. and recited rbymes which were said to reflect That Wilmore, by his perjurious Ignoramus,
on the king' 'What a barbarous way of writ- was not much recommended to his majesty's, ing is this! Only said to reflect on the king. favour, so as by his extraordinary interposition, The author is so far from allowing any thing to be taken out of the hands of the law, when treasonable in his case that he carries it no farther it had seized on him for crimes, I readily grant; than a few words and rhymes which were but as also that if a man will effrontuously break
said' orsupposed, not that they really did reflect the sacred trust of justice, in a matter of treaon the king ; and, if they did, we know that is son against the state, more like a partisan than but misdemeanor and not treason. Why did a sworn enquirer, that the state will lay hold he not shew what the words were, the tendency on him, if he be found, in any respect, oband use of the rhymes, and other fact proved? noxious to the law : And farther, that a man It would then have appeared he was poet and must needs be a saint, indeed, that practises singing master as well as songster. He was barefaced against lawful authority. All these good at draught and design, and could make bie- things I grant ; whereof the consequence is roglyphics of popery and arbitrary power: and that Mr. Wilmore, and every one else of bis represent emblematically the downfall of his bold usurpation, must look to their bits ; for, it majesty; as in his Raree-show and Mackninny, they may, they will be caught napping. But, as I touched before. But those were bawbles as to the said for which, that is for his return for the underling mob to be engaged with. His of Ignoramus, I deny that it either was made magazine for action was of another sort, iron or mentioned to be any part of his crime ; but ware and arms, besides notable persuasive dis- he was taken up by lawful warrant, and not, as courses he had to incite folks to use them the author 'abusively affirms, for his verdict, against the king, whorn, by his slighter imple, which could not be so. It seems, some of the ments, he vilified and deridel most execrably. neighbours, that had him in detestation, inThus, like the hero, tam Marti quam Mer- formed that he was a kidnapper, and that he curio,' he plied his work. If the trial had not had sent one or two young men to the plan. been in print, it had been needful to have tations, and it was verily believed he had sold given a fu'ler account of this case : But' I' de- them there. Upon this, he was taken up and cline the tædium of a nice examination, at this examined, and, afterwards, not only tried at time of the day, superfluous ; it is enough to the King's-bench bar and convict (as I find in shew the perfidy of the account given in this the Chronological History of England, 24 May
1682) but was also obnoxious, if not charged " It goes on to sum up all in a little; shewing by a writ de Homine replegiando, and comthatthis mechanic was to be made an example, mitted (as the nature of which writ requires) not for any treason, or so, but, for meddling until he produced the persons in order to be rea with politics, the rest follows of course; but plevied, this was the ancient remedy for the observe an admirable conciseness, and so an liberty of the subject, and is indeed more efindictinent was preferred against him. I am fectual and expedite than an Habeas Corpus. really afraid of being suspected for abusing an The difference is that the former is the process historical writer. It being almost incredible of the government, that took care of the any pretender that way, even of the Grubstreet people's liberties (wherefore men affected to order should take upon him to relate facts and style themselves the king's subjects) against proceedings, and write such stuff as this. But the great men that tyrannised; and the latter is with leave of his and so,' the indictment chiefly intended against the government itself, came replete with facts of bigh treason as and the abuses of its power. But, as for Wiltouched before, and all proved by lawful wit- more the kidpapper, he found means to clear nesses against him, before the London grand himself by the activity of his heels. Whojury; but they just as our author here) made ever would know the steps of this matter, may a mere ballad of it, and rejected the bill. Then find somewhat of it in the pamphlets of tho as the party concluded, College was safe. Now time, and particularly in L'Estrange's Obsercomes in the author with a fresh subject of vators; out of which the whole story may be libel. For which (Ignoratus) Wilmore the picked!
foreman, was, out of all conrse of law, ap- « In such a case as this, so defamatory of • prehended and examined before the council, settled government, an aạthor should have • and sent to the Tower, and was afterwards made good' his charge by some authoritative "forced to fly beyond the seas.? Now, upon my evidence, as the order of council, warrant of snall experience of affairs, which tells me this commitment, or return of an Habeas Corpus, as • for which cannot be true, I will out with my might have been had for the looking for. O!
doth humbly beseech your majesty and this , may have free access to, and private conferhonourable Board, that he may have a copy ence with him; and because their own private of the indictment against him, or the particular affairs or other accidents may call away some charges of it, that his counsel and solicitor of his counsel from his assistance, that Mr. but then, his saying it was for his verdict had | down to labour about freeing the prisoner, were appeared to be a falsity, and had spoiled a very deprived of the opportunity of standing bebind, Huent libel. Marry, he thanks you for that ; no, whispering and commenting, during the though the matter lay fair enough for reflection, examination; as for instance - this is po.. as to have said that, for revenge of his Ignoramus pish work' – that is an Irish papist' — a pretence of kidnapping was taken, &c. for he knaves come to destroy protestants' - DO would not abate an hair of the venom of his protestant plot, and the like ; and, perhaps, libel, and therefore says it positive, without any take the boldness to ask questions pragmatipretence at all. But, to do the faction justice, cally, or otherwise, though by their looks, I must allow that, according to their scheme, affront the testimony. Whereby, if
, in ordi. tney were much in the right; for having nary cases, the crowd used to be let in, as they a government to undermine, then lies and were not, yet, in this case, it was reasonable libels served as spades and mathooks to to hinder it. And now comes the tag to this work with. But now, to go on with the story, fine lace. This was afterwards complained of for I think I must transcribe the whole para- as an unsufferable practice,' that is not letting graph. “To make sure that the bill might not the crowd into the grand jury chamber; but
miscarry a second time, where (at Oxford) they by whom, or to whom complained of? By • hoped to find a more pliable grand jury, the Shute to Pilkington, or by Pilkington to * witnesses were sent down post to the assises.' Shute? It could not be by any one man of Whethier by post with the horn sounding be- common sense and knowledge of things to fore, or, as I guess the truth was, by coaches in, another. If he means any formal complaint which there might be six horses, which trotting to authority, as for an hardship or wrong done, apace, and galloping sometimes, saved their the sentence is a great untruth. tide and reached the assise town before the bu. “ He comes now to the circumstances about sines swas done. Now this word • post' has a je the trial, which, I hope, was po private mane sçai quoi sound of a deep design. But nagement; but he was hurried down.' This is oportet mendacem esse memoren; for now it is like the posting down of the witnesses. Libel hoped,' a line or two before it is · made sure,' | trades much in words that sound without any that is they made sure hopes.' But, to wave sense in them : For what was this · hurry? bulls, wby might not they in Oxfordshire make If it was the long trot of the horses, and swift sure, when it was evident no unpacked and an- passage to Oxford, it is a foolish expression. prepared grand jury could reject such an in- If it was so that the prisoner was deprived of dictment? Then, as for his pliable,' the chief any just means of defence, as the libel seems gentry in the county of Oxford are his bum- to intend should be understood by it, it is false; ble servants for the compliment ; for men of and the prints before the trial, as also the trial honour are very pliable to perjury.
itself, that shews all the material circum“ Now, to go on with this hedge libel ; and, stances, confutes it. But tragical words .by a secret management shut up with the sometimes heat the willing imagination, so as grand jury till they found the bill.? A bailiff at to form in itself a lye when the author durst the grand jury chamber door, to let in those not say it. But we shall grow more and more that have business and none else, is a manager direct; for, about the papers, taken and (except of secrets. Do but observe the hot and cold the libellous harangues) restored, the author dealing. In Rous's case it was a privilege to says, This way of procedure was thought to be secret, and now it is management. The be very harsh and illegal. Neither the one nor malicious and false insinuation is that the grand the other; for, as the known law was then, jury chamber, being free for all comers, as an prisoners were urged to make their defence open court of trials is, yet, in this case, it was upon their innocence of the fact, to be tried by shut up for management. 0 woeful law- the country, without foreign assistance to indivine, that doth not know that place is always vent exceptions of form, and dilatories; for close, and not open to any that are not called, which reason no counsel used to be allowed or have no business; and that no defences them : But, if they could, by any means, shew being heard, only the prosecutors and their to the court any matter of law, in point of witnesses attend to shew that there is reason form or otherwise, the court was trusted to for the prosecution. And how could these give them the full benefit of it; as they were men, as they are sworn, keep the king's also if it appeared to them without the prisecrets and their own, if they were not close. soner's shewing: which made it a common If all people might come in ai sạch examina- saying that the court is the prisoner's counsel. tions, prisoners would have spies upon the Nor is this to be accounted an harsh law (for testimony, which would be of ill consequence. Jaw it was) however thought fit.since to be But the true grievance of the faction was, altered; for offences, of this kind, are so clauzpartly, the want of that, and, partly, that the cular, and withal so dangerous to government, solicitors and agents of diverse species, sent that it is necessary they have some power
Wallop, Mr. Smith, Mr. Thompson, Mr. Dar-Pollexfen, Mr. Ward of the Inner-Temple, nel, Mr. West of the Middle-Temple, Mr. may be assigned him for counsel, and Aaron Hawlles of Lincoln's-Inn, Mr. Rotherham, Smith for his solicitor, and that he may have Dr. Lovell, Mr. Rowny of Gray’s-Inn, Mr. a copy of the jurors to be returned upon his orer criminals in the way of justice, more than sent down to the law, and fairly in the face of is regular in common wrangles of meum and the nation, tried and attaint, was doomed tuun, that are of little consequence. For, if efore. hand; right or wrong,.· He must die.' justice is not had in such cases, force will take So here is premeditated murder charged upon place; and nothing is extraordinary when a king, counsel
, officers, judges and jury all at court of justices sworn have the power of the once. I am sorry that the author's unsuffer--. whole form of a trial, by which right is to be able inalice to the times of this reign, sheweil dope between the government, and traitors. in his falsifying this trial, has drawn me to And to imagine that lawful judges are corrupt, lose so much paper and ink about it. One, is barbarous; because of the necessity of judy- that is weary, and has a mind to have done, ing, and consequently of powers to judge, es must grieve at such provocations; and, as the pecially when a trial is in public, for all the common saying is, Alesh and blood can scarce attendance to observe and judge even the bear with him, who hath given no historical judges, who are in a sort (in captious times at account at all of the matter, but only hath put least) upon the terms of good behaviour, be together, as under a common placé, a parcel cause men may see their partialities when the of sentences, every one sublimated sibel.” case is so, as it was not here. But, since North's Examen, 585. artifice is not allowed to prisoners by the means “ A Bill of Indictment was presented to the of formal counsel, why, I beseech you, by Grand Jury of the City of London against Colwritten speeches and rhetorical harangues, ledge the Protestant Joiner, as he was always which were, in truth, impertinent to a just called. The witnesses against him were Mr. defence, and contrived for another end, and Smith, Mr. Dugdale, Mr. Haynes, the two that was libel upon the government? It had Macnamara's, and sir William Jennings. They been a rare device to publish libels with safety, all positively swore, that Colledge told them, had it been permitted the prisoner to read them there was a design to seize the king at Oxford, to the people out of his papers.
and bring him to London, and there keep him, “ But the author still thinks him under se- till he had complied with them, or else to bring • vere circumstances.' It is well the trial is in him to the block, as they did his father; and print, else these poetical expressions would that in this design the House of Lords and Com sadly paint this man's case in the minds of mons were concerned, and that there was ap those that know no better. But, from the old army ready at London to assist them. It is rule, sit liber judex,' I may take assurance, certainly true, that never men swore more and affirm that no man, that ever was tried for firmly than they did in court, before the jury, high-treason, rad, or could claim, more lati- who demanded of the court a copy of their tode or scope of defence than was allowed oaths, and that the witnesses might go with to this man ; which is sufficient in answer them, to be examined apart; which request to all that ever was or can be alledged against was granted to the jury, and after two or three this trial. And the author is but a summist of hours consideration, the jury returned, and the libel upon this head; for, near the time, found the bill ignoramus. Upon which the lord faction was not desperate, but bold, and they chief justice demanded, whether they would not only railed at the judges publicly, but put give no reason for this verdict; and whether out libellous pamphlets, out of which the au- they believed those six witnesses perjured ? to thor has his excerpts, which, at the time, were which they replied, That they had given their answered sufficiently to the common satisfac- verdict according to their consciences, and that tion of all equal persons ; but out of the an- they would stand by it. To which the lord swers, no word to be found here. Now sec chief justice North said, There was never such bow an historian can side with a traitor in his a verdict brought in the world. The grand time! For the author hath the brass to add, jury, before they were discharged, delivered a
But indeed it seemed a matter resolved from petition to the court, desiring the removal of the above, he must die, and so One priests and Jesuits fárther from the Lords in the that knows this author to be a divine, would Tower, they holding correspondence with them. conclude him a fatalist, and that he speaks of Upon bringing in this bill ignoranus, Colledge heaven above, $d not of an earthly king. will be sent to be tried in Oxford, where the
The words indeed it seemed' are singular judges arrived the 15th of July. Their comEnglish: But, påss forms, if any thing from mission was opened, and the grand jury was hell can stink worse than this sulpharous sen- sworn, of which sir Thomas Spencer was Foretepce, I have no nose. The very shewing it man; the rest were all gentlemen of loyalty, is enough to disturb the entrails of any candid and Protestants, and of good estates; and upon persop not abandoned to infamy. One, that hearing the evidence against Collerige, they slanders witbin the lines of possibility, is a found the indictment Billa vera, nenuine consincere person, and an artist to this that de tradicente. One of the evidence against him fames with impossibilities; that is, that a man swore, That if the king did not agree with his YOL, Viji,
trial some days before the trial. And your Mr. Justice Jones, Mr. Justice Raymond, Mr. petitioner shall ever pray, &c.
Justice Levinz, commissioners of Oyer and
Terminer and Gaol-delivery, met at the CourtAt Hampton-Court, August 11, 1681.
house in the city of Oxford; and after proclaIt is is ordered by his majesty in council, That the friends and relations or Stephen Col- an Ignoramus upon it, for which Wilmer was ledge, a prisoner in the Tower, shall have li- forced to fly his country. berty of visiting and freely conversing with “ The design not succeeding in London, the him ; and the lieutenant of the Tower having scene against Colledge is laid at Oxford; the first caused their names to be taken in writing, judges were chief justice North, justice Jones, is to suffer such friends and relations to have justice Raimond and justice Levins : to make access to the said Stephen Colledge, without sure of a bill to be found there against Colany interruption from time to time accor- ledge, the king's counsel had prepared witdingly.
nesses at the assizes to post thither; and there,
to, make sure work, the king's counsel are priTHE TRIAL OF STEPHEN COLLEDGE, found the bill
, which Mr. Hawles says was a
vately shut up with the jury till they had AT OXFORD.*
most unjustifiable and'unsufferable practice. On Wednesday the 17th of August, 1681, “ Whilst these things were contriving, Colthe lord Norreys, Lord Chief Justice North, ledge had the honour, as well as Fitzharris,
be committed and continued a close prisoner in parliament, there was a design to seize upon the Tower, yet the Lords impeached in parlia. him, and 30,000 men were ready in the city of ment had the liberty of it, and free access was London to back the design ; and that if the permitted to them; it is true indeed, College king refused to pass the bill of exclusion, they was permitted to have a solicitor and counsel, would serve him as they did his father. This which was Mr. West, I think a Plotter or Colledge was brought to his trial at Oxford, be- Setter in the Rye-plot, as dark as Fitzbarris's, fore the lord chief justice North and justice and as like it as two apples are one to the other. Jones. Tue trial lasted from two in the after- “ But this was not out of favour to Colledge, noon, till two in the morning, so much time but to betray him ; for wben the Bill against was taken np in examining the witnesses. The Colledge was found at Oxford, Murrel, a gaoler, evidevče against the prisoner was the same and Sewel, a messenger, were sent to bring Colwhich was at the Old Bailey; those for the pri- ledge to trial; who, afier they had taken him soner were chiefy Mr. Oates, Mowbray, and out of prison, run him into a house, and by Waldron, who said, that Dugdale and Smith order of the king's counsel, took from him ail told them, they knew nothing against Colledge; bis instructions for his defence, and carried but they denied it upon their oaths, and ihe them to the king's counsel, as well to disable jorý brought him in 'guilty; and some hours him to make his defence, as to enabie the king's after the prisoner received his sentence, the counsel how to proceed against him, by soune court meeting again for that purpose. Some way he was not provided to make his deience.
lays after, Cofledge was executed, and his «Upon Colledge's arraignment, he de head was set upon Tonple Bar, to be a warn- manded his papers taken from him by Murrel ing to others to avoid his fate." Bulstróde, 325. and Sewel ; which were denied by the Court
It appears from Oldmixon, that the coun- till he had pleaded guilty or not to his indictsel against him were sir Robert Sawyer, At- nient. Here take notice, ihat sir Francis Pemtorney General, Finch, Solicitor General, sir bertun, sir Thomas Jones, and justice Raimond George Jefferies, and Mr. North. The jury having done the Court's job' in Fitzharris's 'Were Henry Standard, William Big, Robert Trial, a new set of four is made to do this of Bird, John Shorter, William Windlow, Charles Colledge's : the chief of these was sir Francis Hobbs, Roger Browne, Timothy Doyley, Ralph North (a man cut out to all intents and purWallis, John Benson, John Piercy, and John poses for such a work, and as if born to do it, Lawrence. Roger Coke, after mentioning that his father was a committee man in all the late the London Grand Jury had retured an igno- times against king Charles ist, and his grandrumus upon the bill against Colledge, proceeds: father one of the seven who condemned arch.
“The fright of Fitzharris's discovery of this bishop Laud) it is no matter who were the new Popish Plot being seemingly allayed by other three, for North' was the mouth of the his deathi
, Revenge with winged haste pursues Court. the discoverers of the old. It was in Trinity “ This was the first time that ever any pri"ferm that Fitzbarris was tried and executed"; soner had his instructions taken from him and after this term, an indictment of bigh make his defence, and at a time when there treason was exhibited to the Grand-jury of were such contrivances to take away his life. London against Stephen Colledge, a mean My Lord Chief Justice told Colledge he took Plot, who was more known by the name of were taken from him upon pretence of bringing fellow but a great talker against the Popish not away his papers ; but College replied, they
Protestant Joiner than Stephen Colledge. The them to his lordship. foreman was one' Wilmer : this indictment “ The Court and Counsel had a twofold dewould pot down, but the Grand-jury returned sign upon Colledge, in seizing his papers ; one,
mation for silence, the commission of gaol- directly: the justices of the peace of the county delivery was read, and then the commission of of Oxford were called over; and the appearance Oyer and Terminer. Proclamation was made of the Grand-jury summoned to attend this for the sheriff to return the precepts to him commission was taken. to trepan Colledge to plead guilty or not, before England ; and being taxed by Oates, that he they delivered the papers ; which having done, had gone against his conscience in the evidence it was too late to plead either to the jurisdiction he gave to the Grand-jury at London, against of the Court, or that the indictment was erro. Colledge, Dugdale said, It was long of colonel neous, as it was, it being of different natures, Warcup (a worthy person, who, for this and as, for treason and misdemeanors.
such like services, is since knighted) for be. “ Here I leave it to the learned to judge could get no money else. Elizabeth Hunt whether the Coart and king's counsel did not testitied, that after Colledge was in prison, in this indictment endeavour to depose the par- Pugdale told her, he did not believe Colledge liamentary authority, and usurp it themselves, had any more hand in conspiring against the for though the Commons may impeach gene- king, than the child unborn, and that be bad rally for treason and misdemeanors in the same rather have given 1001. than have spoken impeachment, yet neither by the common, or what he had, and that he had nothing to say any statute law, any such indictment can be.
against Colledge which would touch his life. * The other design was to disable Colledge And Yates testified, that when he said Colledge to make his defence after his pleading not was an honest man and stood up for the king guilty : Colledge finding himself thus beset, and government, Dugdale answered I believe tough a mean man, yet with a Roman courage he does, and I know nothing to the contrary. said, this was a horrid conspiracy, pot only “ Haynes swore Colledge said, unless the against his life, but against all the Protestants king would let the parliament sit at Oxford, of England: and herein he proved a true they would seize him, and bring him to the prophet.
block; and that he said, the city had 1,500 "The courage of the man put the Court and barrels of powder, and 10,000 men ready at an king's counsel to the whisper, which was never hour's warning. before done in any Court of common law; and “ 2. To confront this evidence, Hickman tesnow the Court must be adjourned, the pretence tified that Haynes swore, God dann him he being for dinner, though they had breakfasted cared not what he swore ; for it was his trade but a little before : and before their return, the to get money by swearing. Mrs. Hall said king's counsel altered their method of proceed- she heard Haynes own, that he was employed ing against the prisoner ; and so sorted their to put a Plot upon the
dissenting Protestants. evidence, that they might not contradict one And Mrs. Richards said, she heard him say another, and so would not examine some of his the same thing. Whaley said, Haynes stole evidence.
a silver tankard from him : and Lun said, “Yet upon the return of the Court, the at- Haynes said, the parliament were a company torey sir Robert Sawyer moved, the king's of rogues for not giving the king money ; but evideuce might be examined in the hearing of he would help the king to money enough one another; which though over-ruled, yet it out of the fanatics estates. Everard testified was not observed : and to satisfy the jury, the that Haynes said, his necessity and hard pay Court told them in sumoming up the evidence, drove him to say any thing against the Protesthey would inform the jury what part of it tants. Turbervile swore Colledge said at Oxwas treason, and what misdemeanor, which they ford, that he wished the king would begin ; if did not.
he did not they would begin with him, and " The Court and counsel thus armed cap- seize him ; and that he (College) came to Ox2-pee, and the prisoner bound band and foot, ford for that purpose. you need not doubt of a glorious victory over “ 3. Oates said, Turbervile said, a little him. The first champion against Cotledge before the witnesses were sworn at the Oldwas Stephen Dugdale, who swore, that in a Bailey, that he was not a witness against Cola barber's shop and a coffee house he had spoken lege, nor could give any evidence agaist him ; vilifying words of the king ; that Colledge had and that after he came to Oxford, he had been shewed bin several scandalous libels and pic- sworn before the Grand-jury against College, tures, of wbich he was the author ; that Col- and that the Protestant citizens had deserted ledge had a silk armour, a brace of horse bim, and God damn him he would not starve. pistols, a pocket-pistol, and a sword ; that he “ John Smith swore, Colledge's speaking had several stout" men would stand by him, scandalous words against the king, and of his ifrat he would make use of them in defence of having armour, wbich he shewed Smith, and the Protestant religion, and that the king's said, these are the things that will destroy the party were but a handful to his. Now let's see pitiful guards of Rowley; and that he exwhat credit could be reasonably given to any pected the king would seize some of the memof the evidence against him.
bers of parliament at Oxford, which if done, le “ 1. Dugdale's evidence was confronted by would be one should seize the king; that FitzDr. Oates, who testified that Dugdale said, Gerald had made his nose bleed, but before De kaew pothing against any Protestant in long he hoped to see a great deal wore blood