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A63173 The tryal of Edward Coleman, Gent. for conspiring the death of the King, and the subversion of the government of England and the Protestant religion who upon full evidence was found guilty of high treason, and received sentence accordingly, on Thursday, November the 28th, 1678. Coleman, Edward, d. 1678, defendant.; England and Wales. Court of King's Bench. 1678 (1678) Wing T2185; ESTC R4486 80,328 98

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THE TRYAL OF EDWARD COLEMAN Gent. FOR Conspiring the Death OF THE KING AND THE Subversion of the Government OF ENGLAND AND THE Protestant Religion Who upon Full Evidence was found Guilty of HIGH TREASON And received SENTENCE accordingly on Thursday November the 28th 1678. LONDON Printed for Robert Pawlet at the Bible in Chancery-Lane near Fleet-street 1678. November 28. 1678. I Do appoint Robert Pawlet to Print the TRYAL of Edward Coleman And that no other Person presume to Print the same WILLIAM SCROGGS THE TRYAL OF Edward Coleman Gent. ON Wednesday the Twenty Seventh day of November 1678. Mr. Coleman having been Arraigned the Saturday before for High Treason was brought to the Kings Bench Bar to receive his Tryal and the Court proceeded thereupon as followeth Court Cryer make Proclamation Proclamation for Silence Cryer O Yes Our Sovereign Lord the King do's strictly Charge and Command all manner of Persons to keep Silence upon pain of Imprisonmen● If any one can inform our Sovereign Lord the King the King's Serjeant or the King's Attorney General or this Inquest now to be taken of any Treason Murder Felony or any other Misdemeanour committed or done by the Prisoner at the Bar let them come forth and they shall be heard for the Prisoner stands at the Bar upon his Deliverance Court Cryer make an O yes Cryer O yes You Good Men that are impannelled to enquire between our Sovereign Lord the King and Edward Coleman Prisoner at the Bar answer to your names Court Edward Coleman Hold up thy hand These Good men that are now called and here appear are those which are to pass between you and our Sovereign Lord the King upon your Life or Death if you challenge any of them you must speak as they come to the Book to be sworn and before they are sworn The Prisoner Challenging none the Court proceeded and the Jury were sworn viz. JURY Sir Reginald Foster Baronet Sir Charles Lee. Edward Wilford Esquire John Bathurst Esquire Joshua Galliard Esquire John Bifield Esquire Simon Middleton Esquire Henry Johnson Esquire Charles Vmfrevile Esquire Thomas Johnson Esquire Thomas Eaglesfield Esquire William Bohee Esquire Court Cryer make an O yes Cryer O yes Our Sovereign Lord the King does strictly charge and command all manner of Persons to keep Silence upon pain of Imprisonment Court 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. Margarets Westminster in the County of Middlesex Gent. for that he as a false Traytor 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 duely 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 Devising 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 toward 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 Twenty Ninth day of September in the Seven and Twentieth year of the Reign of our said Sovereign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Margarets Westminster aforesaid in the County aforesaid Falsly Maliciously and Traiterously 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 Kingdom being in the universal parts thereof well Established and Ordained and to levy War against our said Sovereign Lord the King within his Realm of England And to accomplish and fulfill these his most wicked Treasons and Trayterous Designs and Imaginations aforesaid the said Edward Coleman afterward that is to say the Nine and twentieth day of September in the Twenty seventh year of the Reign of our said Lord the King at the Parish of St Margarets Westminster aforesaid in the County of Middlesex aforesaid Falsly Deceitfully and Trayterously Composed Contrived and Writ two Letters to be sent to one Monsieur le Chese then Servant and Confessor of Lewis the French King to Desire Procure and Obtain for the said Edward Coleman and other False Traytors 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 Nine and twentieth day of September in the year aforesaid at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid the said Edward Coleman Falsely Trayterously and Maliciously Composed and Writ two other Letters to be sent to the said Monsieur le Chese then Servant and Confessor to the said French King to the Intent that he the said Monsieur le Chese should Intreat Procure and Obtain for the said Edward Coleman and other False Traytors 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 Established to the Superstition of the Church of Rome and to subvert the Government of this Kingdom of England And that the said Edward Coleman in further Prosecution of his Treason and Trayterous Imaginations and Intentions as aforesaid afterward viz. the Twenty ninth day of September in the Seven and twentieth year of the Reign of our said Sovereign Lord King Charles of England c. the said several Letters from the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid Falsly
Lodging in Vere-Street by Covent-Garden in a Trunck that came by the Carrier that will shew when they were sent L. Ch. Just If the Cause did turn upon that matter I would be well content to sit untill the Book was brought but I doubt the Cause will not stand upon that Foot but if that were the Case it would do you little good Observe what I say to the Jury My Lord Chief Justice his Speech to the Jury upon his summing up of the Evidence Gentlemen of the Jury My Care at this time shall be to contract this very long Evidence and to bring it within a short compass that you may have nothing before you to consider of as near as I can but what is really material to the Acquitting or Condemning of Mr. Coleman The things he is Accused of are of two sorts the one is to subvert the Protestant Religion and to introduce Popery the other was to destroy and kill the King The Evidence likewise was of two sorts The one by Letters of his own hand writing and the other by Witnesses Viva voce The former he seems to confess the other totally to deny For that he confesseth he does not seem to insist upon it that the Letters were not his he seems to admit they were And he rather makes his Defence by expounding what the meaning of these Letters were than by denying himself to be the Author I would have you take me right when I say he doth admit he doth not admit the Construction that the Kings Council here makes upon them but he admits that these Letters were his He admits it so far that he does not deny them So that you are to Examine what these Letters import in themselves and what Consequences are naturally to be deduced from them That which is plainly intended is to bring in the Roman Catholick and to subvert the Protestant Religion That which is by Consequence intended was the Killing the King as being the most likely means to introduce That which as 't is apparent by his Letters was designed to be brought in For the First part of the Evidence All his Great long Letter that he wrote was to give the present Confessor of the French King an Account of what had passed between him and his predecessor By which Agency you may see that Mr. Coleman was In with the former Confessor And when he comes to give an Account of the three years Transactions to this present Confessor and to begin a Correspondence with him About what is it Why the substance of the Heads of the long Letter comes to this It was to bring in the Catholick as he call'd it that is the Romish Catholick Religion and to establish that here and to advance an Interest for the French King be that Interest what it will It 's true his Letters do not express what sort of Interest neither will I determine but they say it was to promote the French Kings Interest which Mr. Coleman would expound in some such sort as may consist with the King of Englands and the Duke of York's Interest But this is certain it was to subvert our Religion as it is now by Law established This was the great end thereof it cannot be denyed To promote the Interest I say of the French King and to gain to himself a Pention as a reward of his service is the Contents of his First long Letter and one or two more concerning that Pention His last Letters expound more plainly what was mea●t by the French Kings Interest We are saith he about a great work no less than the Conversion of three Kingdoms and the totall and utter subversion and subduing of that pestilent Heresie that is the Protestant Religion which hath reigned so long in this Northern part of the World and for the doing of which there never was such great hopes since our Queen Maries Days as at this time Now this plainly shews that our Religion was to be subverted Popery established and the three Kingdoms to be converted that is indeed to be brought to confusion For I say that when our Religion is to be subverted the Nation is to be subverted and destroyed that is most apparent For there could be no hope of subverting or destroying the Protestant Religion but by a Subversion not Conversion of the three Kingdoms How was it to be done otherwise Why I would have brought this Religion in says he by dissolving of the Parliament I would have brought it in by an Edict and Proclamation of Liberty of Conscience In these ways I would have brought it in Mr. Coleman knows it is not fit for him to own the introducing of his Religion by the Murder of the King or by a Forein Force The one was too black and the other too bloody to be owned And few people especially the English will be brought to save their Lives as he may do his by confession of so bloody and barbarous a thing as an intention to Kill the King or of Levying a War which though it be not a Particular is a General Murder I say it was not convenient for Mr. Coleman when he seem● to speak something for himself to give such an Account how he would have done it Therefore he tells us he would have done it by the dissolving of the Parliament and by Toleration of Religion Now I would very fain know of any man in the World whether this was not a very fine and artificial covering of his design for the Subversion of our Religion Pray how can any man think that the Dissolving of the Parliament could have such a mighty influence to that purpose It is true he might imagine it might in some sort contribute towards it Yet it is so doubtful that he himself mistrusts it For he is sometimes for the Dissolving of the Parliament and other times not as appears by his own papers For which we are not beholding to him so much as for any one more than what were found by accident and produced to the King and Council But in truth why should Mr. Coleman believe that another Parliament if this Parliament were Dissolved should comply with Popery That is to say That there should be great hopes of bringing in of Popery by a new Parliament Unless he can give me a good reason for this I shall hold it as insignificant and as unlikely to have that effect as his other way by a General Toleration And therefore next Upon what ground does he presume this I do assure you that man does not understand the inclinations of the English people or knows their Tempers that thinks if they were left to themselves and had their Liberty they would turn Papists It 's true there are some amongst us that have so little Wit as to turn Fanaticks but there is hardly any but have much more wit than to turn Papists These are therefore the Counterfeit pretentions of Mr. Coleman Now if not by these means In what way truly
We Our Self should assist that Our Commission in Our Person for not being excepted is implyed with the other made by this very Parliament in the 14th year of Our Reign which all Our Subjects or at least many of them were obliged to Swear viz. That the Doctrine of taking up Arms by the King's Authority against His Person was detestable and We soon found that the Design was levelled against the good Protestant Religion of Our good Church which its Enemies had a mind to Blemish by sliding in slily those damnable Doctrines by such an Authority as that of Our Parliament into the Profession of Our Faith or Practices and so expose Our whole Religion to the Scorn and Reproach of themselves and all the World We therefore thought it Our duty to be so watchful as to prevent the Enemies sowing such mischievous Tares as these in the wholsom Field of Our Church of England and to guard the unspotted Spouse of Our Blessed Lord from that foul Accusation with which she justly charges other Churches of teaching their Children Loyalty with so many Reserves and Conditions that they shall never want a distinction to justifie Rebellion nor a Text of Scripture as good as Curse ye Meroz to encourage them to be Traitors whereas Our truly Reformed Church knows no such Subtilties but teaches according to the simplicity of Christianity To submit to every Ordinance of Man for God's sake according to the natural signification of the words without equivocation or Artificial turns In order to which having thought to dissolve that Body which We have these many years so tenderly Cherished and which We are sure consists generally of most Dutiful and Loyal Members We were forc'd to Prorogue Our Parliament till November next hoping thereby to cure those Disorders which have been sown amongst the Best and Loyallest Subjects by a few malicious Incendiaries But understanding since that such who have sowed that Seditious seed are as industriously careful to water it by their Cabals and Emissaries instructed on purpose to poison Our People with discourses in publick places in hopes of a great Crop of Confusion their beloved fruit the next Sessions We have found it absolutely necessary to Dissolve Our Parliament though with great reluctancy and violence to Our inclination But remembring the dayes of Our Royal Father and the progress of Affairs then how from a Cry against Popery the people went on to complain of Grievances and against Evil Councellors and His Majesties Prerogative untill they advanc'd into a formal Rebellion which brought forth the most dire and fatal Effects that ever were yet heard of amongst any men Christians or others and withal finding so great a resemblance between the Procedings then and now that they seem both Broth of the same brains and being Confirm'd in that Conceit by observing the Actions of many now who had a great share in the management of the former Rebellion and their zeal for Religion who by their lives give us too much reason to suspect they have none at all VVe thought it not safe to dally too long as Our Royal Father did with submissions and condescentions endeavouring to cure men infected without removing them from the Air where they got the disease and in which it still rages and increases daily For fear of meeting with no better success than He found in suffering his Parliament to Challenge Power they had nothing to do with till they had bewitch'd the people into fond desires of such things as quickly destroyed both King and Country which in Us would be an intollerable Error having been warn'd so lately by the most Execrable Murther of Our Royal Father and the inhumane Usage which We Our Self in Our Royal Person and Family have suffered and Our Loyal Subjects have endured by such practices And least this Our great Care of this Our Kingdomes Quiet and Our own Honour and Safety should as Our best Actions have hitherto been be wrested to some sinister Sence and Arguments be made from it to scare Our Good People into any apprehensions of an Arbitrary Government either in Church or State We do hereby solemnly declare and faithfully engage Our Royal Word That VVe will in no case either Ecclesiastical or Civil violate or alter the known Lawes of Our Kingdom or invade any man's Property or Liberty without due course of Law But that We will with Our utmost Indeavours preserve the true Protestant Religion and Redress all such things as shall indifferently and without passion be judg'd Grievances by Our next Parliament which We do by God's blessing intend to Call before the end of February next In the mean time We do strictly Charge and Command all manner of persons whatsoever to forbear to talk seditiously slightly or irreverently of Our Dissolving of the Parliament of this Our Declaration or of Our Person or Government as they will answer it at their perils VVe being resolv'd to prosecute all Offenders in that kind with the utmost rigour and severity of the Law And to the end that such Licentious persons if any shall be so impudent and obstinate as to disobey this Our Royal Command may be detected and brought to due Punishment We have Ordered Our Lord Treasurer to make speedy payment of Twenty pounds to any person or persons who shall discover or bring any such seditious slight or irreverent Talker before any of Our Principal Secretaries of State Record I would have the Jury should know the Declaration ends To one of his Majesties Principal Secretaries of State whereof he hoped to be one Att. Gen. This is written in the name of the King for Mr. Coleman thought himself now Secretary of State and he penns the Declaration for the King to give an Account why the Parliament was Dissolved Serj. Maynard The long Letter it appears was to dissolve the Parliament and to make it Cock-sure he provides a Declaration to shew the Reason of it It was done in order to bring in Popery that may appear by the subsequent proof Att. Gen. I have other Evidence to offer to your Lordship which is That Mr. Coleman was not onely so bold as to prepare a Declaration for the King but also out of his own further ingenuity prepares a Letter contrary to the Duke's knowledg for the Duke which before several Lords he confessed and Sir Philip Floyd is here ready to justifie it Sir Phil. Floyd I did attend a Committee of the House of Lords to Newgate who examined Mr. Coleman and told him of the Letter Mr. Attorney mentioneth he then confessed That it was prepared without the Order and Privity of the Duke and when he was so bold as to shew it the Duke the Duke was very Angry and rejected it L. Chief Just He hath been a very forward undertaker on the behalf of the Duke Mr. Att. Gen. I desire the Letter may be read The Copy of the Letter written to Monsieur Le Chese the French King's Confessor which Mr. Coleman confessed he