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do it so sudden, but that you shall have notice ford, I take God to witness, as I am a dying to prepare yourself; but that depends upon the man, and upon the terms of my salvation, king's pleasure, for your body is to be at his know not any one man upon the face of the disposal.

earth that would have stood by me; and how Then the Court adjourned.

likely it was that I should do such a thing my

self, let the whole world judge. On Wednesday, Aug. 31, 1681, being the Dugdale swears, that I spoke treason to him, day appointed by his majesty for his execution, treasonable words in the coffee-house, and in he was according to sentence executed over the barber's shop by the Angel ; he could not against the Gate of the Castle at Oxford. pretend to see me any where else ; but it is When he was come to the place of execution, false, and a very unlikely thing that I should

speak treason to hiin. I must confess I was in the High-Sheriff' spoke to him as follows:

his company at the coffee-house and that barHigh-Sheriff. Mr. Colledge, it is desired, ber's shop, before I went out of town: but there for the satisfaction of the world, because you could be no communication between us; for he have professed yourself a protestant, that you was writing at one end of the room, and eating Fould tell what judgment you are of.

a piece of bread, and Highted a pipe of tobacco Colledge. Dear people, dear protestants, and at the other end, and took it, till sir Thomas dear countrymen, I have been accused and Player, and sir Robert Claytop came to me, convicted for treason; the laws adjudge me to and we went to my lord Lovelace's out of town this death, and I come hither willingly to sub- that night; so when they came, we took horse, mit to it: I pray God forgive all those persons and went out of town with the rest : for my that haul any hand in it. I do declare to you part, I can't sum up my witnesses ; I was under whatever hath been said of me, I was never a most strange circumstances as ever any man papist, or ever that way inclined, they have was ; I was kept prisoner so close in the Tower, done me wrong ; I was ever a Protestant, 1 that I could have no conversation with any, was born a Protestant, I have lived so, and so though I was certain the popish Lords had it by the grace of God I will die, of the church every day there, but I could have none: I could of England, according to the best reformation of not tell the witnesses that were to swear against the church from all idolatry, from all supersti- me: I could not tell what it was they swore tion, or any tbing that is contrary to the gospel against me, for I could have no copy of the inof our blessed Lord and Saviour.

dictment nor no way possible to make any preI do declare I was never in any popish ser- paration to make my defence as I ought to have vice

, prayers, or devotions, in my life, save one done, and might have done by law. time; about some seventeen or eighteen years I had no liberty to do anything, as I am a iço, as near as I remember, I was out of a dying man. And as to what Digdale, Smith, curiosity, one afternoon at St. James's chapel, Turbervile, and Haynes, swore against me, the queen's chapel at St. James's; except that they did swear such treason that nothing but a one time, I never did hear any popish service,any madman would ever have trusted any body thing of the church of Rome, mass or prayers, with, and least of all to papists, every one of of any thing else, private or public. I know you them that had been concerned with plots and expect that I should say something as to what I treasons among their own party, and under die for : It hath been charged upon me, when the greatest ties and obligations of damnation ; 1

was apprehended and brought before the and to be sainted if they kept it secret, and to council , some of the council, the

Secretary, and be damned if they reveal it. If these men will. my lord Killingworth, and Mr. Seymour, they not keep things private for their own party, told me there was treason sworn against how could I trust them? I take God to witness, me; truly, they surprised me when they said and do freely acknowledge, I have sought my to: for of all things in the world, I thought God with tears several times to inform me, it myself as free from that as any man. I asked so be I had with any word transgressed at any them if any man living had the confidence time. I knew not

of any part of what they to swear treason against me? They said swore against me, till such time as I heard it several, three or four, as I remember: then sworn against me at tlne bar. they told me, it was sworn against me, that I This is very haril, gentlemen, but this is the had a design to pull the king out of White-ball, truth: and there be a great many other strange and to serve him as his father was served, or to reports that I have heard since I have been a

purpose, the logger-bead his father, or that prisoner ; that I should be a means to convert kind of language: I did deny

it then, and do now the countess of Rochester, by bringing one deny it upon my death. I never was in any Thomson, a priest, to her. Truly, all that I was manner of plot in my days, neither one way nor concerned in, was some fifteen or sixteen years another ; I never knew any such persons, nor ago. I lodged at colonel Vernon's, that marever had such communication with any man ried the lady Brooks, the family were papists; hitherto: I know of no plot in the world but

the the Brooks's were papists; and there was this popish plot, and that every man may know as Thomson, and I did suppose him a priest, in much as I: If I had such a design as these the house, though I never saw him at popish men have sworn against me, to have seized his service, or worship, though I was there half a quajesty, either at London, or this place at Ox year; but coming afterwards to my lord Ro

that

chester's about some business I had to do for with him when it was sworn. I wish the him, and several other persons of quality; he Commons of England as well as I wish my sent for me one afternoon from the parsonage own heart; and I did not understand, but in Adderbury to his house, and his lady and when I served the parliament I served his mahe stood together: He sent to me, and asked jesty too ; and let them be miserable that make me, if my horse were at home; said he, I would the difference between them, for my part, I have you carry this letter to Mr. Thomson, if never did. I came to Oxford with my lord you are at leisure this afternoon : My lord, I Howard, whom I look upon to be a very woram at leisure to serve you ; so I took a letter thy honest gentleman, my lord Clare, my lord from his band, and his lady's too; as I re. Paget, and my lord Huntington, and this capmember' (he made an offer that way) sealed tain Brown, and Don Lewes, were in my with his own seal, and I carried it to Thomson, company, and came along with us, as they and delivered it to him: And he told me, that were my lord Howard's friends : Brown I have he would wait upon my lord, for it was for known, I believe, two or three months ; but some lands

my lord did offer, to raise money Lewes I never saw before that day; they said for some occasion : This is the truth of that they came with my lord Howard. I take God scandal.

to witness, I never had one six-pence, or any It is said that I had a priest several years in thing else to carry on any design; and if it my house, viz. Sergeant, that came over from were to save my life now, I cannot charge any Holland to discover. About some ten years man in the world with any design against the ago, that very same man came to me, but was government, as God is my witness, or against a stranger to me, and he came to me by the his majesty, or any other person. name of Dr. 'Smith, a physician; and there As for what arms I had, and what arms was an apothecary in the Old Bailey, and a others had, they were for our own defence, in linen-draper within Ludgate, that came with case the Papists should make any attempt upon him, they brought him thither, and took a us by way of massacre, or any invasion or chamber, and he lay about half a year, or three rebellion, that we should be ready to defend our quarters, at times, by the name of Dr. Smith, selves; God is my witness, this is all I know, and as a physician ; this is the truth of that, If this be a plot, this was I in, but in no other; and no otherwise. This is the entertainment but never knew of any numbers, or times apa of Sergeant.

pointed for meeting; but we have said one in So the occasion of my coming to Oxford I another, that the Papists had a design against do say was voluntary; the parliament-men the Protestants, when we did meet, as I was last parliament at Westminster, and several man of a general conversation; and in case they lords, dined together the day before they sat; should rise, we were ready; but then they should the last sessions of parliament at Westminster, begin the attempt upon us: This was my busithey sent for me to the Sun tavern behind the ness, and this is the business of every good subExchange, and when I came, the duke of ject that loves the laws of bis country and his Monmouth, and several lords were together, 'king. For England can never hope to be happy and I believe above a hundred parliament-men under those blood-thirsty men, whose religion of the Commons: The duke of Monmouth is blood and murder; which I do with all my called me to birn, and told me, he had heard a soul, and did, ever since I knew what religion good report of me, that I was an honest man, was, abhor and detest, viz. the church of Rome, and one that may be trusted ; and they did not as pernicious and destructive to human soknow but their enemies, the papists, might cieties, and all government. have some design to serve them as they did in I beseech God that every man of you may king James's time by gun-powder, or any unite together as Protestants against this comother way: And the duke, with several Lords mon foe. Gentlemen, it is my sense, and I do and Commons, did desire me to use my utmost in that believe, I am as certainly murdered by skill in searching all places suspected by them; the hands of the Papists, as sir Edmundbury which I did perform: And from thence I had, Godfrey himself was, though the thing is not as I think, the popular name of the Protestant seen. These witnesses certainly are mercenary Joiner, because they had intrusted me, before men, and I beseech God Almighty to have any man in England, to do that office.

mercy upon their souls, and forgive them; and This same Haynes, one of them that swore either by his judgments or mercies reclaim against me, had discovered to me and several them, tliat they shed no more innocent blood others, as to Macnamarra and his brother, and There is not a man of them that I know of, this Ivy, who are now all of another stamp, that ever heard me say, or do, any bit of treathat the parliament was to be destroyed at son in my life. This is the first, I may not say Oxford, and that there was a design to murder it is) but alinost twentieth Sham-Plot that they my lord Shaftesbury, hy Fitzgerald and his have endeavoured to put upon the nation, to de party; and that they did endeavour to bring lude the people, and put off their own dampabile Macnamarra over to him, and said, then it plot. This is not the first, but I think, the would be well with him ; and they would not sixteenth or seventeenth ; I pray God that my be long before they bad Shaftesbury's life : blood may be the last.

pray God defend And he made depositions of this to sir George every man's blood, and all Protestants in EngTreby, an l'heard afterwards, for I was not land, from the hands of these bloody Papisis,

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by whose means I die this death; and if they | God receive me into thy blessed presence, should go on in this nature, I hope the good by Jesus Christ my alone Saviour and ReGod will open every man's eyes to see it be deemer, in whom I put my trust alone for salfore he feels it. And, I beseech you, if you vation : It is thee, O God, that I trust in, thou have any love for your king, your country, and righteous Judge of Heaven and Earth: all · the Protestants, unite together, if you are Pro- Popery, all pardons, all Popes and Priests, all testants. I pray God those that deserve the dispensations I disown, and will not go out of name, let them be called how they will, either the world with a lie in my mouth. From the Dissenters, or Church of England men, that sincerity of my heart I declare again, that they may unite together like men, like Chris- what I have said to you is the very sentiinents of tians, against the common foe, who will spare my soul, as God shall have mercy upon me, neither the one side, nor the other, but beat you and to the best of my knowledge. one against another like two pitchers; the last I desire the prayers of you, good people, that stands, they will certainly destroy if they while I am here ; and once more I. beseech can. This is my sense, and God is my wit you to think upon eternity, every one of you Dess, I speak my conscience. I do not know, that hear me this day. The Lord turn your Mr. Sheriff, whether there be any thing else I hearts and souls, if you have been wicked have to say, or no; we have a good God, and livers ; if you do live wicked lives, the Lord in I beseech every man that hears me this day, mercy convert you, and shew you your danger; {for we live in a sinful age, good people, and for I as little thought to come to this as any it behoves every one of you, it cannot be long man that hears me this day; and I bless God, hefore all that look upon me in this condition I have no more deserved it from the hands of must lie down in the dust, and, God knows, men, than the child that sucks at his mother's must come into an eternal state, either for breast: I bless my God for it, and do say I mercy or for judgment.) I beseech you in the have been a sinner against my God, and he name of God, he is a God of mercy, and a hath learnt me grace ever since I have been a God of patience and long-suffering, that you prisoner. I bless my God for a prison, I bless would break off your sins by repentance, and my God for afflictions, I bless my God that ever serve a good God, who must be your friend at I was restrained, for I never knew myself till last , or else you are lost to eternity:

he had taken me out of the world. Therefore O Lord how ungrateful wretches are we, you that have your liberties, and time, and that have a God of such infinite mercy and precious opportunities, be up and be doing, for goodness, that affords us our life, our health, God and for your souls, every one of you. and a thousand mercies every day; and we, To his Son. Where is my dear child ? like ungrateful people, not deserving the name Sheriff. I made one request to you, and you of men or Christians, live riotous lives, in de- gave me an imperfect answer : You said you bauchery and swearing, in malice, and the were of the best reformed church in the world, Lord knows how many evils ; I beseech God the church of England according to the best that I may be this day a means in the reformation in the world : I desire you, for the hands of God, to bring some of their souls over satisfaction of the world, to declare what church to him: I beseech you, remember what I say; that is, whether Presbyterian, or Independent, indeed I do not know, I have

been so strangely or the Church of England, or what ? used since I have been a prisoner, what to say, Coll. Good Mr. Sheriff, for your satisfacbeing brought from one affliction to another, tion, for 20 years and above I was under the that my body is worn out, and my memory and Presbyterian nrinistry, till bis majesty's restointellects have failed me much to what they ration; then I was conformable to the church were. I cannot remember what I have to say of England when that was restored, and so more, but that the Lord Jesus Christ would continued till such time as I saw persecution bless my country, and preserve it from popery, upon the dissenting people, and very undue and in mercy bless his majesty: Good God be things done to their meeting places, then I merciful to him, make him ar instrument in went among them to know what kind of thy hand to defend his Protestant subjects; Lord people those were : And I do take God to witin mercy defend him from his enemies. Good ness, since that time I have used their meetGod bless his people; Good Lord continue the ings, viz. the Presbyterians, others very seldom, gospel of Jesus Christ

, thy gospel

, in it's purity and the Church of England. I did hear Dr. to us and our posterity, as long as the sun and Tillotson not above

three weeks before I was moon endure." O Lord,

save all that call upon taken. I beard the church of England as frethee; be merciful to all thy servants, all thy quently as I heard the dissenters, and never had people that put their trust in thee; good Lord any prejudice, God is my witness, against deliver them from the bands of their

enemies ; either, but always desired heartily that they good God, let their lives, and bodies and souls, might unite, and be lovers and friends, and be all precious in thy sight. O merciful God, had no prejudice against any

man ; and truly put a stop to these most wicked conspiracies of I am afraid it is not for the nation's good that thy enemies, and the nation's enemies, the Pa- there should be such heart burning between pisks. Let no more Protestant blood be shed them: That some of the church of England but this of mine, I beseech thee, O my God. will preach that the presbyterians are worse O Lord look upon me, O Lord bless me, o good than the papists. God

doth know that what I 3 A

YOL. VIII.

say, I speak freely from my heart, I have forgive the world with all my soul, all the infound many among thein truly serving God, juries I have received, and I beseech God Aland so I have of all the rest that have come mighty, forgive those poor wretches who have into my company: men without any manner cast away their souls, or at least endangered of design but to serve God, serve his majesty, them, to ruin this body of mine : I beand keep their liberties and properties; men seech God that they may have a sight of their that I am certain are not of vicious lives : Isins, and that they may find mercy at his hands: found no damners, or those kind of people Let my blood speak the justness of my cause. among them, or at least few of them.

I have done : And God have mercy upon To his Son, kissing hin several times with you all. great passion. Dear child, farewell, the Lord have mercy upon thee. Good people, let me

To Mr. Cushwait, Pray, Sir, remember me have your prayers to Almighty God to receive for all their kindnesses to me ; J thank you,

to Dr. Hall and Dr. Reyuall, and thank them

Sir, for your kindnesses : The Lord bless you And then he prayed. And as soon as he had all. Mr. Sheriff, God be with you : God be done, spake as followeth :

with you all, good people. The Lord have mercy upon my enemies, The Executioner desired his pardon, and be and I beseech you, good people, whoever you said, I do forgive you. The Lord have mercy are, and the whole world that I have offended, on my soul. And so he was turned off, and the to forgive me ; whomever I have offended in Sentence executed, but his quarters were perword or deed, I ask every man's pardon ; and mitted to be buried.

my soul.

Remarks on COLLEDGE's Trial, by Sir John HAWLES, Solicitor

General in the Reign of King William the Third. BUT to return whence I have digressed,* scruple in private to impose any thing on a Fitzharris being executed according to his sen- ignorant jury. tence, though there was great grumbling I know not how long the practice in that anongst the protestants that those who set him matter of admitting counsel to a grand-jury on work were concealed, and never like to be hath been ; I am sure it is a very unjustifiable discovered now he was dead; yet all was quiet, and unsufferable one. If the Grand-jury base and the conspirators, who resolved, though a doubt in point of law, they ought to hare Fitzharris miscarried in his design, yet the Plot recourse to the court, and that publicly, and not should go on ; but what it should be, or privately, and not rely upon the private opinion where the scene of it should be laid, or who of counsel, especially of the king's counsel

, the plotters should be, they were not well who are, or at least behave themselves as if <resolved.

they were parties. Great noise of warrants being issued out It is true, it is said they are upon their oaths ; there was, but at last all centered in an incon- and though it be not expressed in their oaths

, siderable fellow, one Stephen Colledge, a join- that they should do right between the king and er by trade, who for his honour, as a prisoner subjects, yet that is implied in the oath, I agret. of state, was committed to the Tower for High But have they behared themselves as if they treason. At first it was designed to lay the were under an oath ? Besides, all men are not scene in London, and accordingly a bill of in- capable of giving advice to be relied on ins dictment of high treason was exhibited to the great a matter, as life ; but the manner of doim grand jury (whereof Wilmer was foreman) at it being in private can never be justified. the sessions-house: But ihe business of Fitz- know, in Fitzharris's case, the King's counset harris was so new, and smelt so rank, tbat the were cajoling the Grand-jury in private for bill could not be digested, but was spewed out some hours: but I did not think fit to take nowith an Ignorgmus ; for which Wilmer was tice of it in that trial, because, I think both the afterwards forced to fly his country:

grand and petty jury did very well ; they acted Then it was resolved the scene should be at according to the best of their understanding Oxford, and accordingly the king's counsel

, which is all that God or man required of them with Irish witnesses, at the assizes, post thither they asked pertinent questions, they were over: and prevail with the grand-jury to find

the bill; ruled in sone, not fully answered in others; but by what arts is not known. for lie was pri- | not that I think either of them gave a verdict vately shut up by then : and I should wonder

, according to law upon the fact, as it appeared : who understood better than himself, had assu- 1 of the jury, but of the king's counsel, and it rance enough to impose upon the courts, should the court, who misled the jury. I thought it

more proper to take notice of it in this trial, Fitzharris's Case, at p. 429 of this volume.

standing jury, and all men wondered bow the

second came to be found Billa Vera : and for they knew not what papers he meant, and that reason, one of the king's counsel boasted knew nothing of it: he said, the indictment at court, of his service and canning manage- mentioned something of misdemeanor, as well ment in the matter.

as treason, but he knew not how to make his The bill being found, the next matter was to exceptions without his papers. I have thought bring the prisoner to his trial: and as. he had | fit to mention all these things, because this more honour than what usually is bestowed on trial was the inlet to all that followedl, and gave so mean a man to be committed to the Tower, encouragement to spill nobler blood. The inthough in truth it was to keep him from all justice of the violence used to the prisoner, means of defence ; so to carry the matter on, must be measured from the reasons given for he was allowed to have, by order of the king it, that the papers were instructions from counand council, a counsel and solicitor to come to sel and solicitors, and none in law was allowed him, and advise him for his defence at all in treason. It is true, no counsel are allowed erents; a favour denied to Fitzharris, for his for the prisoner in á trial upon an indictment counsel was to advise to the matter of the plea of any capital matter ; but in an appeal for only : but that favour in shew was only to be capital matters, counsel are allowed even on tray him, as shall be shewn. And a third fa- | the trial. The reason given, that the indictyour he had, which no man of his quality ever ment is the suit of the king, and no counsel or had : there were then three of the king's coun- witness is allowable in a capital matter against sel sent from London, and all the counsel the king, is foolish, as shall be hereafter shown; that could be picked up upon the spot, which and as vain is the reason that the judges are were three more, and no less than four judges counsel for the prisoner, wbich they ought to to prosecute and try him ; but that was to make be (2 Co. Inst. 178]: but I doubt it will be sure work of him.

suspected, that in this case, and many others, The 17th of August, 1681, he came to his they did not make the best of their client's trial : his indictment, as to part, was in com- case; nay, generally have betrayed their poor mon form for treason, but particularly for des client, to please, as they apprehended, their signing to seize the king's person at Oxford, better client, the king : for so they say they mixt with words be should say, as, that there are to be counsel likewise for the king in in. was no good to be expected from the king, he dictments, that is to say, they are to be in-' minded nothing but beastliness, and that he different and upright between both, so certainly endeavoured to establish arbitrary power and they are to be in appeals; therefore that is not popery. To which being required to plead, he the reason why no counsel is allowed the pridesired a copy of the indictment, a copy of soner in the indictment: but the true reason in the jury, to know upon what statute he was in- probability is, that the prisoners in indictments dicted, and coopsel to advise him whether he are generally so very poor that they could not had any thing pleadable in bar ; all which be at the charge of having counsel, and so nonwere denied hiin. Then he desired he might usage gave colour of a law. have his papers, which were taken from him The other reason* my lord Coke gives for it, after he was brought from the prison, and be- viz. that much of the truth may be discerned fore he came into court, at an house over- by the prisoner's behaviour, or answers, which against the court: for so it seems the king's would be concealed if he spoke by another, is counsel had ordered the matter that the gaoler not satisfactory; for the same is to be said in Murrel, and the messenger Sawel, after they an appeal. As to the public, it is not material had him out of the prison, should run. him into whether à man is prosecuted and punished by an house, and take away all his papers, which an indictment, or an appeal; and that appeals they believed were the instructions, as in truth are less frequent than indictments, is only that they were, of the counsel assigned him when the first is more chargeable than the last ; for in the Tower, and bring the papers to them; though we hear not of late of any appeals but bis defence, but they could be better instructed felony, and in all crimes at common law punish how to proceed in a way for which he had not able by loss of life or member: but though the provided himself of any defence.

rule in indictments is, that no counsel is alMurrel and Sawel did as the king's counsel | lowed, yet it is confined to the trial. No law, directed them. Much wrangle there was whe- common or statute, nor any usage, says, a prie ther he should have his papers or not; all the soner shall not have counsel to advise bim be. court agreed he should not have them till he fore or after the trial; and in murder, and all had pleaded Guilty, or Not Guilty; and after- other crimes, it is always admitted ; and why wards he should have the use of some, and not not in treason ? of others, because they did not appear to be In treason, say some, it is eriminal for one written by himself, but by some counsel or so- to advise or solicit for the prisoner ; and the licitor ; and as they said, none is allowed in king's counsel said, he had known one indicted treason, unless assigned by the court. The chief justice North said, they were not taken * See something concerning another reason away by him ; but, says Colledge, they were given by lord Coke, in the Note to the Case of taken away by the keeper, under pretence of Don Pantaleon Sa, vol. 5, p. 470, of this Cole bringing them to his lordship. The court said lection.

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