Page:Dictionary of National Biography volume 11.djvu/338

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College
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College

by his declamations against the papists, by writing and singing political ballads, and by inventing a weapon resembling the modern life-preserver, which he called 'the protestant flail,' consisting of a short staff, loaded with lead, and attached to the wrist by a leathern thong, to be used with deadly force at close quarters. He was one of the bitterest opponents of Lord William Stafford, and exulted over his condemnation and death. Among the writings attributed to him are several attacks on the lawyers and Romanists, with malicious coarseness instead of poetic skill or satirical point. Among these are 'Truth brought to Light, or Murder will out;' 'Justice in Masquerade, or Scroggs upon Scroggs;' another beginning ' Since Justice Scroggs Pepys and Dean did bail;' 'The Pope's Advice and Benediction to his Judge and Jury in Eutopia;' 'The Wolf Justice ' (against Scroggs); 'A Caution,' and 'A Satyr' against the Duke of York, the Duchess of Portsmouth, and Scroggs, whom he hated for favouring Wakeman. When the parliament was removed to Oxford, in March 1681, College went thither on horseback, ostentatiously displaying weapons and wearing defensive armour, speaking threateningly against the king, and advocating resistance. In June 1681, after the condemnation of Edward Fitzharris, College was arrested, carried before Secretary Jenkins on the 29th, and committed to the Tower. He was indicted at the Old Bailey on 8 July for seditious words and actions, but saved by the influence of the whig sheriffs, Slingsby Bethel [q. v.] and Henry Cornish [q. v.] The latter packed a jury who, under the guidance of their foreman, John Wilmore, threw out the bill with 'ignoramus.' This did not deter the government from making an example of College. His conduct at Oxford had laid him open to a fresh trial there, where a jury might be readier to comply with the direction of the court lawyers. His state of mind and intemperance of language are shown in 'A Letter from Mr. S. College,' dated from the Tower, 15 Aug. Aaron Smith, an attorney, favoured by Russell and others of the revolutionary party, attempted through Henry Starkey to bribe the chief gaoler, Murrel, with four guineas, to obtain access to College. Being refused, he gained admission by an order from the attorney-general, Sir Robert Sawyer, and was seen to place papers in the hand of the prisoner. These papers on examination by the authorities were accounted seditious, or beyond the privileges of defensive counsel as then allowed by law. They were therefore seized. Only mutilated copies were given to the prisoner, after long altercation, when the trial began at the court-house on Wednesday, 17 Aug. 1681, before Lord Norreys, Lord-chief-justice North, and other judges. Three or four hours were also spent in wrangling over the indictment. The prisoner claimed, as a freeman of London, that he should be tried there, but he was told that for offences committed at Oxford he could be tried at Oxford. He pleaded hard for restoration of his papers, which would have guided him whom to challenge of the jury, and how to conduct his defence. He kept arguing in a circle, and at last pleaded not guilty. Aaron Smith had next to submit to be browbeaten and to enter into recognisances for appearance, while Henry Starkey was summoned for attempted bribery. The examination of witnesses lasted until midnight. Stephen Dugdale [q. v.] bore witness of treasonable talk, and that College avowed himself the author of sundry libels, the pretended 'Letter, intercepted, to Roger L'Estrange,' and the ballad of 'The Raree Show,' to the tune of Rochester's ' I am a senseless thing, with a hey; ' that College sang the latter and gave copies of it to be spread abroad; and that he made ' abundance of scandalous pamphlets,' all of which were seized in his custody, among' these being ' The Character of a Popish Successor.' Other witnesses for the prosecution were Edward Turberville, Masters, Bryan Haynes, the two Macnamaras, and Sir William Jennings. But Shewin, Hickman, and Mrs. Elizabeth Oliver tried to weaken the credit of Bryan Haynes, and Titus Oates violently assailed Turberville. The witnesses who had formerly been in league against the Romanists were now in direct conflict. Dugdale, Turberville, and John 'Narrative Smith' swore positively to the guilt of College; Oates, Boldron, and others contradicted their testimony, and exposed the worthlessness of their personal character. At the trial of Lord Stafford, College had been the chief asserter of Dugdale's respectability.

After Oates had laboured to invalidate the credit of his own former supporters, but now opponents, Serjeant Jeffreys argued to the jury that 'if these three witnesses were not believed, the evidence and discovery of the popish plot would be tripped up.' College had conducted his defence vigorously. At nearly two o'clock in the morning the jury retired, and in half an hour gave their verdict of guilty. The court then adjourned until ten o'clock, when sentence of death was pronounced against him. He was visited in prison by two of the university divines, Dr. Marshall and Dr. Hall, who declared him to be penitent. His family was admitted to see