COBBETT'S

COMPLETE COLLECTION

OF

State Trials.

244. The Trial of EDWARD COLEMAN,† at the King's-Bench, for High Treason: 30 CHARLES II. A. D. 1678.

ON Wednesday the 27th of November, 1678, | prisoner at the bar, let them come forth, and Mr. Coleman, having been arraigned the Saturday before for High-Treason, was brought to the King's-bench bar, to receive his trial, and the Court proceeded thereupon, as followeth:

they shall be heard, for the prisoner stands at the bar upon his deliverance.

esq.

Cl. of Cr. Crier, make an O yes.

Crier. O yes! Our sovereign lord the king does strictly charge and command all manner of persons to keep silence upon pain of impri

sonment.

The prisoner challenging none, the Court | kingdom, being in the universal parts thereof proceeded, and the Jury were sworn, viz. sir well established and ordained, and to levy war Reginald Forster, bart.; sir Charles Lee; Ed-against our said sovereign lord the king, within ward Wilford, esq.; John Bathurst, esq.; his realm of England: And to accomplish and Joshua Galliard, esq.; John Bifield, esq.; Si-fulfil these his most wicked treasons, and traimon Middleton, esq.; Henry Johnson, esq.; torous designs and imaginations aforesaid, the Charles Umfrevile, esq.;, Thomas Johnson, said Edward Coleman afterwards, that is to esq.; Thomas Eaglesfield, esq.; Wm. Bohee, say, the 29th day of September, in the 27th year of the reign of our said lord the king, at the parish of St. Margaret's Westminster aforesaid, in the county of Middlesex aforesaid, falsely, deceitfully and traitorously composed, contrived, and writ two letters, to be sent to one M. La Chaise, then servant and confessor of Lewis the French king, to desire, procure, and obtain, for the said Edward Coleman, and other false traitors against our said sovereign lord the king, the aid, assistance, and adherence of the said French king, to alter the true religion in this kingdom established, to the superstition of the Church of Rome, and to subvert the government of this kingdom of England: And afterwards, that is to say, the said 29th day of September in the year aforesaid, at the parish of St. Margaret's Westminster, in the county of Middlesex aforesaid, the said Edward Coleman falsely, traitorously and maliciously, composed and writ two other letters, to be sent to the said M. La Chaise, then servant and confessor to the said French king, to the intent that he the said M. La Chaise should intreat, procure, and obtain for the said Edward Coleman and other false traitors against our sovereign lord the king, aid, assistance, and adherence of the said French king, to alter the true religion in this kingdom of England estab lished, to the superstition of the Church o Rome, and to subvert the government of this kingdom of England: And that the said Ed ward Coleman, in further prosecution of his treason and traitorous imaginations and inten tions, as aforesaid, afterwards, viz. the 29th day of September, in the 27th year of the reign of our said sovereign lord king Charles, of Eng. land, &c. the said several letters, from the salc parish of St. Margaret's Westminster, in the county of Middlesex aforesaid, falsely, malici ously and traitorously, did send to the said M. La Chaise, into parts beyond the seas, there to be delivered to him: And that the said Edward Coleman, afterwards, viz. the 1st day of December, in the 27th year of our said sovereign lord the king, at the said parish of St. Margaret's Westminster, in the county of Middlesex aforesaid, did receive from the said M. La Chaise one letter, in answer to one of the said letters first mentioned, and written by him the said Edward Coleman to the said M. La Chaise; which said letter in answer as aforesaid, falsely, maliciously, and traitorously received, the day and year aforesaid, at the parish of St. Margaret's Westminster aforesaid, the said Edward Coleman did falsely, tráitorously, and maliciously read over and peruse; And at the said Edward Coleman, the letter so as aforesaid, by him in answer to the said letter received into his custody and possession,

Cl. of Cr. Edward Coleman, hold up thy hand. You Gentlemen of the Jury that are now sworn, look upon the prisoner, and hearken to his charge. You shall understand, that the prisoner stands indicted by the name of Edward Coleman, late of the parish of St. Margaret's Westminster in the county of Middlesex, gent. for that he as a false traitor against our most illustrious, serene, and most excellent prince Charles, by the grace of God of England, Scotland, France, and Ireland king, defender of the faith, &c. and his natural lord; having not the fear of God in his heart, nor duly weighing his allegiance, but being moved and seduced by the instigation of the devil, his cordial love and true duty, and natural obedience, (which true and lawful subjects of our said lord the king ought to bear towards him, and by law ought to have) altogether withdrawing, and with all his strength intending, the peace and common tranquillity of this kingdom of England to disturb, and the true worship of God within the kingdom of England practised, and by law established, to overthrow, and sedition and rebellion within this realm of England to move, stir up and procure; and the cordial love and true duty and allegiance, which true and lawful subjects of our sovereign lord the king towards their sovereign bear, and by law ought to have, altogether to withdraw, forsake, and extinguish; and our said sovereign lord the king to death and final destruction to bring and put, the 29th day of September, in the 27th year of the reign of our said sovereign lord Charles the 2nd, of England, Scotland, France and Ireland king, defender of the faith, &c. at the parish of St. Margaret's Westminster aforesaid, in the county aforesaid, falsely, maliciously and traitorously proposed, compassed, imagined and intended, to stir up, and raise sedition and rebellion within the kingdom of England, and to procure and cause a miserable destruction among the subjects of our said lord the king, and wholly to deprive, depose, deject and disinherit our said sovereign lord the king, of his royal state, title, power, and rule of his kingdom of England. and to bring and put our said sovereign lord the king to final death and destruction, and to overthrow and change the government of the kingdom of England, and to alter the sincere and true religion of God, in this kingdom by law established; and wholly to subvert and destroy the state of the whole

Crier. If any oue will give evidence on the behalf of our sovereign lord the king, against Edward Coleman the prisoner at the bar, let him come forth, and he shall be heard; for the prisoner now stands at the bar upon his deli

the day and year last mentioned, at the parish time since: If you find him not guilty, you are St Margaret's Westminster aforesaid, in to say so, and no more, and hear your evithe county of Middlesex aforesaid, did falsely, dence. aliciously, and traitorously detain, conceal and keep. By which letter the said M. La Chaise, the day and year last mentioned, at the parish of St. Margaret's Westminster, in the County of Middlesex aforesaid, did signify and promise to the said Edward Coleman, to ob-verance. tain for the said Edward Coleman, and other Mr. Recorder. (Sir George Jefferies.) May false traitors against our sovereign lord the it please you, my Lord, and you gentlemen of king, aid, assistance and adherence from the the jury; Mr. Edward Coleman, now the prisaid French king: And that the said Edward soner at the bar, stands indicted for high treaColeman afterwards, viz. the 10th day of De- son, and the indictment sets forth that the said cember, in the 27th year of the reign of our Edward Coleman, endeavouring to subvert the said sovereign lord the king, at the parish of St. protestant religion, and to change and alter Margaret's Westminster, in the county of Mid- the same; and likewise to stir up rebellion and dlesex aforesaid, his wicked treasons and trai- sedition amongst the king's liege people, and torous designs and proposals as aforesaid did also to kill the king; did on the 29th of Septell and declare to one M. Ravigni, envoy-ex-tember in the 27th year of the reign of our so traordinary from the French king to our most vereign lord the king, at the parish of St. serene and sovereign lord king Charles, &c. in Margaret's, Westminster, in this county, comthe county aforesaid residing, and did falsely, pose and write two several letters to one M. La maliciously, and traitorously move and excite Chaise, that was then servant and confessor the said envoy-extraordinary to partake in his to the French king, and this was to procure treason; and the sooner to fulfil and complete the French king's aid and assistance to him his traitorous designs, and wicked imaginations and other traitors, to alter the religion practis and intentions, the said Edward Coleman af-ed, and by law established here in England, terwards, viz. the 10th day of December in the to the Romish superstition. The Indictment 27th year of the reign of our sovereign lord sets forth likewise, That on the same day he King Charles the second of England, &c. afore- did write and compose two other letters to the said, at the parish of St. Margaret's Westmin- same gentleman, that was servant and conster, in the county of Middlesex aforesaid, did fessor to the said king, to prevail with him to advisedly, maliciously, deceitfully, and traitor- procure the French king's assistance to alter ously compose and write three other letters to the religion in this kingdom established to the be sent to one sir William Throckmorton, kt. Romish religion. The Indictment sets further then a subject of our said sovereign lord the forth, that he caused these two letters to be king of this kingdom of England, and residing sent beyond seas. And it also sets forth, that in France, in parts beyond the seas, viz. at the on the 10th of December, the same month, he parish of St. Margaret's Westminster, in the did receive a letter from the gentleman that county of Middlesex aforesaid, to solicit the was the confessor, in answer to one of the said M. La Chaise to procure and obtain of the former letters, and in that letter aid and assistsaid French king, aid, assistance and adherence ance from the French king was promised; and as aforesaid, and the said letters last mention that he did traitorously conceal that letter. ed, afterwards, viz. the day and year last My Lord, the Indictment sets out further, that named as aforesaid, from the said parish of St. on the 10th day of the same month, he did reMargaret's Westminster, in the county of Mid-veal his treasons and traitorous conspiracies to dlesex aforesaid, did falsely and traitorously send, and cause to be delivered to the said sir William Throckmorton in France aforesaid, against his true allegiance, and against the peace of our sovereign lord the king that How is, his crown and dignity, and against the form of the statute in that case made and pro

vided.

one Monsieur Ravigni, who was envoy from the French king to his majesty of Great-Bri tain. And his Indictment declares, he afterwards did write three letters more to sir William Throckmorton, then residing in France, to procure the French king's assistance to the alteration of the religion practised here in Eng

laud. Of these several offences he stands bere

indicted.

To this he hath pleaded Not Guilty. If we prove these, or either of them in the Indictment, you ought to find him guilty.

Ch. of Cr. Upon this Indictment he hath been arraigned, and hath pleaded thereunto Not Guilty; and for his trial he puts himself upon God and his country: which country you are. Your charge is to enquire, whether he be Serj. Maynard. May it please your lordguilty of the high-treason whereof he stands ship, and you gentlemen of the jury: This is a indicted, or not guilty. If you find him guil-case of great concernment. Gentlemen, the ty, you are to inquire what goods and chattels, prisoner at the bar stands indicted for no less lands and tenements he had at the time when than an intention and endeavour to murder the high-treason was committed, or at any the king; for an endeavour and attempt to change the government of the nation, so well settled and instituted, and to bring us all to

* See East's Pleas of the Crown, c. 2, s. 58.

ruin and slaughter of one another; and for an endeavour to alter the Protestant religion, and to introduce instead of it the Romish superstition, and Popery,

but the heads of things) sent to Windsor to murder the king: this gentleman received and disbursed money about this business, and one Ashby a Jesuit here had instructions from him to prosecute the design, and to treat with a physician to poison the king. This the prisoner approved of, and contributed to it. There were commissions, as I take it, delivered from Ferryer, or by his hand, that came from foreign powers. Sir Henry Titchbourne was another that received and delivered commissions. Pompone the French gentleman, he maintains intelligence with him about this business, the titular archbishop of Dublin.

This is the charge in general, of the Indictment. We will proceed unto particulars, whereby it may appear, and whereupon he endeavoureth to accomplish his ends. One or two letters written to M. La Chaise (he is a foreigner, and we have nothing to say to him, being confessor to the French king) it was to excite and stir him up to procure aid and assistance (and you know what aid and assistance means) from a foreign prince, arms, and other levies. We charge him with it, that he did re- There is Cardinal Norfolk, by him he had ceive this letter, ay, and received an answer accession to the Pope. There was likewise with a promise, that he should have assistance. the Pope's Nuncio (I do not open the transHe writ other letters to sir William Throck-actions of these instructions); these partimorton, who traitorously conspired with him, and had intelligence from time to time from him. This is the charge in the Indictment; To which he hath pleaded, Not Guilty. We will go on in our evidence: I shall, but more generally, open our method, that we intend to take. For it may seem strange, and is not reasonably to be imagined, that a private gentleman, as the prisoner at the bar is, should have such vast and great designs as this, to alter religion, destroy the government, ay, and destroy the subjects too in a great measure. But it is not himself alone, but he employs himself for foreign assistance, great confederacies and combinations with the subjects of that king, many of whom he did pervert.

In the course of the Evidence I shall not open the particulars: (Mr. Attorney, I think, will do that by and by) those that we have occasion to speak of, and shall in proof mention to you, will be these: La Chaise, the French king's present confessor, we have mentioned: before him there was one Father Ferryer, with whom he held correspondence. That Ferryer being removed by death, the prisoner had an employment here amongst us, by which he gave La Chaise instructions how to proceed, This gentleman is the great contriver and plotter, which gives him instructions how to proceed. He doth give him an account by way of narrative, how all things had stood upon former treaties and negociations, how businesses were contrived, and how far they were gone; this he diligently and accurately gives an account of. This (my lord) doth discover and delineate what hath been done before until 1674. My lord, there was likewise sir Wm. Throckmorton and some others, that are Englishmen too, there are none of them but what were first Protestants; but when they once renounced their religion, no wonder they should renounce their nation, and their prince too. He was gone beyond the seas, several letters past between them, and all to promote, and encourage, and accomplish this design. My lord, there is likewise a consult of Jesuits used too, where, in express words, they designed to murder the king, or contrived and advised upon it.

My Lord, there were four Irishmen (I open

culars will be made out, not only by witness viva voce, and not single only, but by letters of this Mr. Coleman's own writing. But I offer that to the consideration of the jury.

Mr. Oates was the first man, that we hear of, that discovered this treason; he was the single man that discovered so many active agents in so great a treason as this was, and it needed to be well seconded; but he being found to be but single, the boldness and courage of these complotters in it grew great thereupon. We know what followed; the damnable murder of that gentleman, in execution of his office, so hellishly contrived, and the endeavours that were used to hide it, every body knows how many stories were told to hide that abominable murder, how many lies there were about it, but it could not be suppressed. The nation is awakened out of sleep, and it concerns us now to look about us. But all this while Mr. Coleman thought himself safe, walked in the fields, goes abroad, jealousy increasing, and he himself still secure.

:

The letters that are produced go but to some part of the year 1675: from 1675 unto 1678 all lies in the dark, we have no certain proof of it; but we apprehend he had intelligence until 1678; that there were the same persons continuing here, and his company increasing here: but this I speak but as probable, (but very exceeding probable) that there was other passages of intelligence between this person and other confederates.

It seems, my lord, that this Coleman was aware that he was concerned: but God blinded and infatuated him, and took away his reason. It is no question but he carried away some of those papers; those that were left behind, and are produced, he forgot and neglected; and by that (iny lord) those which are produced, are evidence against him at this time. Surely he thought we were in such a condition, that had eyes and could not see, and ears that could not hear, and understandings without understanding: for he was bold, and walked abroad, and that until this prosecution was made upon him, he endeavoured to murder the king, change the government, make an alteration of religion, and destruction of Protestants, as well

as the Protestant religion; and it will be proved by some letters, when they were rejected by the duke, that he sent them in the duke's name. And by this no man will doubt bat be is a great traitor,

Attorn. Gen. (Sir William Jones.) May it please your lordship, and you gentlemen of the jury, the king's serjeant hath opened the general parts of our evidence; and we have reason to foresee that our evidence will be very long, and will take up much of your time; and therefore I shall spend no more time in opening of it than is just necessary. And indeed, my lord, Mr. Coleman himself hath saved me much of the labour, which otherwise I should have bestowed; for he hath left such elegant and copious narratives of the whole design under his own hand, that the reading of them will be better than any new one I can make.

But, my lord, some short account I shall give you, such as may shew you the course of our Evidence, and will make our evidence, when it comes to be given, to be more intelligible.

My lord, It will appear, that there hath been for many years last past a more than ordinary design and industry to bring in the Popish, and extirpate the Protestant religion. I doubt not but this design, in some measure, hath been contriving ever since the reformation, by the Jesuits, or some of their emissaries, but hath often received interruption; so that they have proceeded sometimes more coldly, sometimes more hotly: and I do think, at no time since the reformation, that ever this design was carried on with greater industry, nor with fairer hopes of success, than for these last years.

My lord, You will hear from our witnesses, that the first onset, which was to be made upon us, was by whole troops of Jesuits and priests, who were sent hither from the seminaries abroad, where they had been trained up in all the subtilty and skill that was fit to work upon the people.

My lord, you will find, that there was a summons of the principal Jesuits, of the most able head-pieces, who were to meet in April or May last, to consult of very great things, of a most diabolical nature, no less than how to take away the life of the king our sovereign.

My lord, you will find (as is usually practised in such horrid conspiracies, to make all secure, that there was an oath of secrecy taken, and that upon the Sacrament. You will find agreements made, that this most wicked, and horrible design should be attempted. You will find two villains were found among them, who undertook to do this execrable work; and you will hear of the rewards they were to have: money in case they did succeed, and masses good store in case they perished; so that their bodies were provided for in case they survived, and their souls if they died. My lord, What was the reason they did not effect their design, but either that these villains wanted opportunity, or their hearts failed them when they came to put in execution this wicked design? Or, perhaps (which is most probable) it was the Providence of God, which over-ruled them, that this bloody design did not take its effect.

But these gentlemen were not content with one essay, they quickly thought of another; and there were four Irish-men prepared (men of very mean fortunes, and desperate conditions), and they were to make the attempt no longer since, than when the king was last at Windsor.

My lord, I perceive by the Proofs, that these last assassinates went down thither; but it came to pass (for some of the reasons aforesaid) that that attempt failed likewise.

My lord, These gentlemen, those wise heads, who had met here in consultation, did then, and long before, consider with themselves, that so great a cause as this was not to be put upon the hazard of some few hands; they therefore proposed forces, aids, and assistances, both at home and abroad, to second this wicked design, if it had succeeded as to the My lord, you will hear how active they have person of the king; and if that failed, then by been, and what insinuations they used for the their foreign and domestic aids and assistances, perverting of particular persons. After some to begin and accomplish the whole work of time spent in such attempts, they quickly grew subverting our government and religion. And weary of that course; though they got some here we must needs confess, as to the former Proselytes, they were but few. Some bodies, part of this Plot, which we have mentioned, I in whom there was a predisposition of humours, mean the attempt upon the king's person, Mr. were infected, but their numbers were not Coleman was not the contriver, nor to be the great. They at last resolve to take a more executioner; but yet your lordship knows, in expeditious way; for in truth, my lord, they all treasons there is no accessary, but every could not far prevail by the former. And I man is a principal And thus much we have wish with all my heart, that the bodies of Pro- against him, even as to this part of the design, testants may be as much out of danger of the which will involve him in the whole guilt of it, violence of their hands, as their understandings that Mr. Coleman consented to it, though his will be of the force of their arguments, But, hand were not to do it. Mr. Coleman encoumy lord, when this way would not take, they raged a messenger to carry money down as a began then to consider they must throw at all reward of these murderers, that were at Windat once. No doubt but they would have been sor; of this we have proof against him, which glad, that the people of England had had but is sufficient. My lord, Mr. Coleman, as a man one neck; but they knew the people of England of greater abilities, is reserved for greater emhad but one head, and therefore they were re-ployments, and such wherein, I confess, all his solved to strike at that, abilities were little enough. There were nego