Natural Lord the Fear of God in thy heart not having nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Soveraign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Soveraign Lord the King to Death and final Destruction to bring and put the Tenth day of March in the Three and Thirtieth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a Miserable Slaughter among the Subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Soveraign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well instituted and ordained wholly to Subvert and Destroy and War against our said Soveraign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Soveraign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously did prepare Arms and Warlike offensive habiliments to wage War against our said Soveraign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Soveraign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That it was purposed and designed to seize the Person of our said Soveraign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy Traiterous purpose aforesaid wouldst be one of them who should seize our said Soveraign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and traiterous Imaginations Compassings and Purposes aforesaid the sooner to fulfill and perfect and discords between our said Soveraign Lord the King and his People to move cause and procure then and diverse times and dayes as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of diverse Leige Subjects of our said Soveraign Lord the King then and there being present falsly maliciously subtilly advisedly devillishly and Traiterously didst say and declare That nothing of good was to be expected from our said Soveraign Lord the King that our said Soveraign Lord the King did mind nothing but beastliness and the Destruction of his People And that our said Soveraign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How say'st thou Stephen Colledge art thou Guilty of this High Treason whereof thou standest indicted and hast been now arraigned or Not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or Not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Councel assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment L. Ch. Just These are the things you ask you would have a Copy of the Indictment you would have Councel assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am indicted L. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of C. Yes L. Ch. Just That refers to all manner of Statutes that have any Relation to the thing in the Indictment that is High Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High Treason ought not to be made by Artificial Cavils but by plain Fact If you propose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a Copy of
the sitting of the Parliament at Oxford and you shall see England the most glorious Nation in the World when we have cut oft that beastly fellow Rowley and speaking of the King he said he came of the Race of Buggerers for his Grandfather King James buggered the old Duke of Buckingham and he called him Captain and sometimes the King and sometimes Rowley Mr. Serj. Jefferies This was pure Protestant discourse upon my word Haynes Then he railed at Judg Pemberton and said he let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a Turn-coat Rogue He was for the Plot whilst he was puisne Judge but now he is Chief Justice he is the greatest Rogue in the World He is like one of the Pentioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a Man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some Persons of Honour believe that I was a Person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like a Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of 12 Men will hang us by the Neck and so I should perish whilst others triumphed and only be a Martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the World for he makes you slaves and beggars and would make all the World so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serjeant Jefferies Mr. Colledge if you will ask him any Questions you may Colledge Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand Sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serjeant Jefferies He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Colledge Where was this discourse about superseding your Warrant Haynes At London Colledge When Haynes It was before the Parliament fate at Oxon. Colledge How long Haynes I can't tell positively to an hour or a day Colledge What Moneth as near as you can Haynes It was in the Moneth of March. Colledge Had you ever seen me before Haynes Can you deny that Colledge I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government Lord Chief Just Were you an intimate Acquaintance of his before March last Haynes No intimate Acquaintance Colledge Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple Barr and he sat me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him Yonder is such a man at such a place now you may seize upon him Colledge What man was that Haynes One Richard Ponre Colledge He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the Night before and Capt. Browne and they gave us a Signal a Blew Ribband to distinguish that we were Protestants from the Bishops men L. Ch. Just. When were you to make Use of it Haynes When the King was seized Mr. Serjeant Jefferies Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your Cracks and Brags now you see the King hath made a Fool of you now you know not what you would have done Sayes he What would you have us do We have not done with him yet for said he no Servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords House and there was a man came in with a Gown under his Arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz Girald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-Man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Colledge Hold Sir I desire to ask him some Questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 'T is not the first time I have been Examined I know how to speak as well as you Colledge Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a Copy of which was carried to that Noble-man And you came from him and returned me his Thanks and told me it was the best Service I could do him I would not trouble the Court with Circumstantial things and you told me I should be gratified not only in my own Property but a Reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz Girald Mr. Att. Gen. Is it to this matter Haynes No nothing at all Lord Chief Just. Let him ask any Questions what he will Colledge I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his Corporal Oath that I was as well acquainted with him as any one in the World Colledge Pray answer me Sir When was the first time I talked to you Haynes The first intimate
you delivered to him in the Tower Colledge The three pieces joyned together that contains Directions how to Govern my self there is another of the same purpose which instructs me to demand a Copy of the Indictment and of the pannel of the Jury and those were Instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you Plead speak to this Purpose Pray my Lord I desire that may be Examined and Mr. Smith may be called to give an Account how he came to give the Prisoner those Papers for here are abundance of Niceties proposed for him to move and there will be a strange sort of Proceedings at this rate if men go about to espouse the Cause of Traytors Colledge I am noe Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that Morning as I am Informed Mr. Att. Gen. Here is a List of the Names of several men of the Country returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that Paper my Lord Mr. Att. Gen. No I hope not L. C. J. Whether they are Material or not Material If we should judge them not Material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in Case there were a Crime in the delivering of them that would not do well on the other side Therefore I would have these Papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another Account Mr. Att. Gen. But if it please your Lordship I desire you would enter into the Examination of this Matter for I have an Account from London by a special Messenger that there are several Persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another Paper which is a List of men as Witnesses picked up together against the King's Witnesses L. C. J. He must have that deliver him that presently Mr. Att. Gen. But my Lord others have gone about and framed Witnesses for him L. C. J. You must give him the List of his Witnesses for I see not what use you can make of it Mr. Serj. Jefferies This no man will oppose sure if any thing that is delivered to him be fit to be delivered the Person that delivers it must come and own it but before any Person delivers any Papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those Papers mean and who gave them L. C. J. Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be Proper for us to enter into the Consideration of it But in the mean while what hurt is there If the Papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life tho he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. Jefferies With Submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask Counsel of Persons and bring it in Papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Counsel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is L. C. J. What think you of our perusing the Papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good Condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to Plead dilatories College Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your Judgment about them when you have perused them Then the Judges looked upon that Paper that was called the Speech L.C.J. We have read enough of this to suppress it and to examine it how this came to his hands Mr. Just Jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse then that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two Papers to the Prisoner Mr. Smith Doe's any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. C. J. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe Custody only to secure him till we can examine it not as charged with any Crime but only that he may be forth-Coming to be Examined Mr. Att. Gen. You do not make a direct Answer Mr. Smith in the Case it will be proved upon you Mr. Smith Mr Attorney I know not what Answer to make better then I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be Examined Mr. Smith I come to give no Informations here Mr. Attorney If I did I should be then Examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. C. J. Mr Attorney you will take a Recognizance of Mr. Smith to be forth-Coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you Leave to go to the Prison I did not think you would have abused that Kindness to give him Papers L. C. J. Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. C. J. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I declare I abhor that Expression to be so interpreted that I reflected upon the Court. L. C. J. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town tho I have not spoke one Word in any publick Company since I came Mr. Just Jones It seems
the Jury that you can't have neither for there is no such thing as yet there is no Issue joyned whereupon such a Jury should be impannelled When you have pleaded to Issue then we must award the Sheriff to impannel a Jury to try that Issue So as to what you say as to want of preparation for your Tryal we cannot enquire what Notice you have had and yet if you had never so little time there is no cause why you should not plead though you were but just now taken and brought to the Bar to answer it and never heard of any thing of it before So that I think you ought to plead presently Colledge My Lord I am wholly ignorant of the Law I may ruine my self by mistaking the Law I desire Councel not to delay my Tryal but only to advise me whether there is not something in Law proper for me to plead to this Indictment and those things I alledged were not at all to delay the Tryal but only that I may not be wanting to my self in what I may by Law have L. Ch. Just I tell you Councel cannot be assigned you till the Court be possessed of some matter to grant it upon Colledge I had some Papers my Lord that were taken from me which I desire may be restored to me I only plead that I may have my Birth right and that which the Law gives me If I may have Justice I desire no more Those Papers were taken from me in the House over the way since I was brought from the Prison they were Papers that concerned my defence some directions and instructions how to manage my self in that defence If you please to let me have those Papers I will not take up much of your time I desire to have but Common Justice and that which is my right by Law L. Ch. Just That which you demand Justice you shall have by the Grace of God to the best of our skill without any partiality in the World But you must trust the Publick Justice of the Kingdom We are to be of Councel for you so far as to see that all things proceed fairly on all sides And when things come before us that are fit for you to have Councel upon you shall have Councel assigned you for we are tender of the Life of a Man as well as of the Life of the King and of the Publick Justice of the Kingdom But this is no reason why you should not now plead For the Papers you speak of we will take an Examination of them afterwards If they were Papers that are necessary for your defence upon your Tryal in Gods Name you must have them restored to you but we know not which way you came by them nor what they are Colledge They were taken from me just now under the pretence of bringing them to your Lordship L. Ch. Just How comes any body to give you Papers No body can solicit for any one that is under an Accusation of High Treason unless he be assigned so to do by the Court. Colledge God have mercy upon any man that is so accused then for 't is not possible for him to make his defence if he cannot be at Liberty to look after it himself nor any of his friends permitted to do it for him L. Ch. Just You can say whether you are Guilty or Not Guilty without any Papers Colledge My Lord I know not but there may be something in Law for me to plead to this Indictment which I shall lose the benefit of if I plead I humbly conceive you are to be my Councel and as you are Judges are to proceed according to the Law You are upon your Oaths to do me right according to the Law Mr. Just Jones But till you have proposed a matter of Law fit for Councel to argue there is no Councel to be assigned you Colledge If I had those Papers I could tell what I should plead My Lord this is one thing I am a Free-man of London and I am not impleadable by the Charter of London any where out of the Liberties of the City in Pleas of the Crown L. Ch. Just You are indicted in Oxfordshire for High Treason committed here If there be not any thing of High Treason proved done in Oxfordshire you will be acquitted But a Free-man of London cannot have a Priviledge to commit Treason in Oxfordshire but must be tryed for it there Colledge Will you please to order me my Papers back that were taken from me Mr. Just Jones You ought first to plead You have a right to demand Councel in matters of Law but then it must be upon such matters of Law as you your self propose to the Court and the Court shall judge 〈◊〉 matters of Law fit to be debated Till then we cannot assign you Councel Colledge It was so in the Tryal of Lilburne and in the Tryal of my Lord Stafford there was Councel assigned to them Mr. Just Jones Not before they pleaded to the Indictment Colledge Did not your Lordships some of you that are Judges of the Kings-Bench say that it was the right of the Prisoner to have a Copy of the Pannel and of the Jury before the Tryal Mr. Just Jones No sure Here are two of us that are of the Court and we never heard of any such thing Colledge Pray my Lord do me right I am ignorant of the Law and through my Ignorance may mistake L. Ch. Just God forbid we should not do you right you may expect it from us we are upon our Oaths to do all the Kings Subjects right Colledge I am ignorant in the Law and 't is impossible for me to make my defence without the Assistance of my Papers L. Ch. Just Cannot you tell whether you be Guilty or Not Guilty of this Treason Colledge I can so but I know not what error I may run my self into if I should plead presently and lose the benefit that the Law may give me L. Ch. Just All matters of Law are saved to you after you have pleaded Colledge Pray my Lord let me have my Papers again that were taken from me Cl. of Cr. You must plead to the Court Guilty or Not Guilty Colledge Shall I not have my Papers after I have pleaded L. Ch. Just We will not capitulate with you Move what you will then but till you have pleaded we can enter into no other business Colledge I know not but I might plead some other thing to the Indictment Mr. Just Jones Propose what you will if it be a matter in Law fit to be argued you shall have Councel assigned you Colledge Pray my Lord let me have my Papers again If it were not my right to have them or to have Councel I would not ask it but if it be I would not lose what is my right L. Ch. Just You must plead first I know not but he may be criminal that brought you those Papers for we allow no Sollicitors in Cases of
to several People to buy Arms and Ammunition And I asked him to what purpose and he said it was to bring the King to submission to his People adding thereto That he wondred Old Rowley did not consider how easily his Fathers Head came to the Block which he doubted not would be the end of Rowley at the last After this Discourse the Alderman came in we dined and every one went his own way about his own Business Mr. Colledge then told me if I would go with him to his own House I should see how he was prepared with Arms and Provision Soon after I met with him and he desired me to go along and dine with him and I did so and there he did shew me his Pistols his Blunderbuss his great Sword and he shewed me his Armour Back and Breast and he shewed me his Head-piece which if I am not mistaken was covered over with Chamlet it was a very fine thing and said he These are the things which will destroy the pittiful Guards of Rowley that are kept up contrary to Law and Justice to set up Arbitrary Power and Popery Colledge What did I say Sir about my Armour Mr. Smith Thus you said It was to destroy Rowley's Guards those were your words that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery After I had dined with him I parted with him A little before the Parliament was to meet at Oxford I met him again and we were discoursing of several things what preparations the City were making how they were provided with Powder and Bullets and for his part he would go down to Oxford for he expected a little sport there upon the Divisions that were like to be between the King and Parliament Then said I to him Why what is the matter there Why said he we expect that the King will seize upon some of the Members and we are as ready as he And says he for my part I will be there and be one that shall seize Him if he secure any of the Members and I believe he did go down says he you know how the City is provided I told him No not so well as he but he told me all was very well After he came up again I met him another time and he told me He went down in expectation of some sport but Old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself Mr. Serj. Jefferies Did he say If he had not ran away he would have seized him Mr. Smith He said nothing of that but before he said He would be one of them should seize him if he seized any of the Members After this he told me that Fitz Gerald and he had had a quarrel at the Parliament-Door of the House of Lords at Oxford that Fitz-Gerald had called him Rogue and said he Fitz-Gerald made my Nose bleed but before long I hope to see a great deal more Blood shed for the Cause After this again when there was a discourse of disarming the City that my Lord Feversham was to come to do it he told me he was well provided and if Feversham or any man nay Rowley himself should attempt any such thing he would be the death of him before any man should seize upon his Arms. Mr. Serj. Jeff. Did he discourse any thing to you about Arms to provide your self Mr. Smith Yes he did I had an Armour from him Mr. Serj. Jefferies What did he say to you about it Mr. Smith He did desire me to get me Arms for I did not know how soon I might make use of them I had an Armour from him upon trial he said it cost him 30 or 40 s. I had it upon trial but it was too big for me so I gave it him back and bought a new one Mr. Attor Gen. Did he tell you to what purpose you should Arm your self Mr. Smith No he did not name any purpose but he told me I did not know how soon I might make use of it Mr. Attor Gen. What did he say to you about any one's seizing the King Mr. Smith He told me the Parliament were agreed to secure the King and that in order to it all Parliament-men came very well Armed and accompanied with Arms and Men and he told me of a great Man that had notice from all the Gentlemen of England how well they came armed Mr. Jones What did he say of himself Mr. Smith He would be one that should secure the King if he seized any of the Members Mr. Jones When he had been there what did he say Mr. Smith If they had had any work he was ready provided for them Mr. Attor Gen. But pray tell us again what he said of the King 's running away Mr. Smith He said Rowley was afraid like his Grand-father Jamy and ran away ready to beshit himself L. Ch. J. If you have done with him Mr. Attorney let the Prisoner ask him what Questions he will Colledge Mr. Smith Where was this Discourse I had with you Mr. Smith Which do you mean the former part or the latter Colledge The first discourse you talk of what I told you going to Mr. Wilcox's to dinner and when it was Mr. Smith You know best when it was I can't exactly remember the time but you know 't is true Colledge Where was it Mr. Smith As we went along thither we had the first part of it and when we came thither you and I talked till Alderman Wilcox came in and you and I were alone together and several Persons that were there were drawn into Cabals two by two Colledge Where Mr. Smith In the Room where we dined and you know there was a little Room by where some were drinking a Glass of Wine Colledge You say by two and two the Company were drawn into Cabals Mr. Smith I tell you most of them were in Cabals two and two together only those 2 Gentlemen that belonged to the Alderman went up down and gave Wine Colledge What Religion are you of Mr. Smith Is it for this Man to ask me my Lord such a Question L. Ch. J. Yes answer him Mr. Smith I am a Protestant Colledge You were a Priest Mr. Smith Yes what then and I am in Orders now Colledge That was from the Church of Rome Mr. Smith Yes and that is a good Ordination I came in voluntarily to discover the Popish Plot and was no Pentioner nor received any Sallary from the King I have spent several Pounds several scores of Pounds but received no Recompence And I was the Darling at one time all over the City when I did adhere to what they would have me to do Mr. Serj. Jefferies Did not you swear against my Lord Stafford Mr. Attor Gen. Were not you a Witness Mr. Smith at my Lord Stafford's Tryal Mr. Smith In that Case I did give a general account of the Design of the Papists they did not then question my
Serj. Jeff. Whereabouts Mr. Zeal In Fetter-lane Mr. Serj. Holl. What Countryman are you Sir Mr. Zeal Somersetshire Mr. Attorn Gen. Whereabouts in Somersetshire were you born Mr Zeal By Sir Portman's within six Miles of him Mr. Serj. Jeff. What Trade Sir Mr. Zeal No Trade Mr. Serj. Jeff. Have you any Estate Mr. Zeal My Father has I was bred to wait upon a Person of Quality Coll. Do you know Turbervile Sir Mr. Zeal Yes Sir I do Coll. What do you know of him Mr. Zeal Sir I know nothing but what Mr. Ivy told me with his own mouth L. Ch. Just Do you know any thing of your own knowledge Mr. Attorn Gen. Has Mr. Turbervile told you any thing Mr. Zeal Not concerning Mr. Colledge he has not Coll. Ivy was amongst them Mr. Zeal Yes my Lord he was the first that swore this Presbyterian Plot. L. Ch. Just We know of no Presbyterian Plot. Coll. Can you say nothing of your own knowledge concerning Turbervile Mr. Zeal Nothing but what Mr. Ivy told me Mr. Serj. Jeff. That is not of your own knowledge and so it is nothing for he is not produced in this Cause Coll. Pray my Lord give me leave to call Mr. Ivy. Mr. Serj. Jeff. Do if you will He stood up Coll. What was that you heard Turbervile say of me or of any Presbyterian Plot Ivy. I never heard him say any thing concerning a Presbyterian Plot in my life Coll. Did not you tell Zeale of such a thing Ivy. No I never did Coll. Hark you Mr. Ivy you have sworn against me have you not Ivy. What I have sworn against you or any other person is true Coll. What have you sworn against me Ivy. I am not bound to answer you Coll. Did not you call me out with Macnamarra and Haynes to the Hercules Pillars L. Ch. Just Look you Mr. Colledge I will tell you something for Law and to set you right whatsoever Witnesses you call you call them as Witnesses to testifie the truth for you and if you ask them any Questions you must take what they have said as truth therefore you must not think to ask him any Question and afterwards call another Witness to disprove your own Witness Coll. I ask him was he the first time with us when I was called out of the Coffee-house to hear Haynes's Discovery L. Ch. Just Let him answer you if he will but you must not afterwards go to disprove him Coll. If he were sworn against me I would not ask him any Questions for he is among them L. Ch. Just Ask him what you will Coll. I desire not if he have sworn against me for truly I can't expect a good Answer from him but he was by when Haynes made his Discovery L. Ch. Just Will you ask him any Questions Coll. I ask whether he hath given any Evidence against me any where Ivy. I am not bound to answer you L. Ch. Just Tell him if you have Ivy. Yes my Lord I have Coll. Then I think he is no good Witness for me when he hath sworn against me Ivy. I have sworn against him and others You know that you and I have had a great many Intrigues about this business in hand and how we dealt with Mr. Haynes L. Ch. Just Look you he does not call you for a Witness for him you can testifie nothing and so you must be quiet Coll. Call Mr. Lewes Who appeared L. Ch. Just What is your Christian Name Mr. Lewes William Coll. Pray Mr. Lewes what do you know about Turbervile Mr. Lewes I know nothing at all I assure you of him that is ill Coll. Do you know any thing concerning any of the Evidence that hath been given here Mr. Lewes If I knew any thing relating to you I would declare it but I know something of Mr. Ivy it has no relation to you as I conceive but against my Lord of Shaftsbury L. Ch. Just You would call Ivy for a Witness and now you call one against him and that I told you you must not do but Ivy is not at all in this Case Coll. Do you know any thing of the rest of them Haynes or Smith or Dugdale Mr. Lewes No more than what Mr. Zeale told me was told him Coll. Do you know any thing of a Presbyterian Plot Mr. Lewes If the Court please to hear me I will tell my knowledge of that but I know nothing that affects him in the least only that which concerns my Lord of Shaftsbury L. Ch. Just That is nothing to the purpose call another Mr. Lewes There was not to my knowledge a word mentioned of your Name I will do you all the Justice I can if I knew any thing concerning you I would be sure to relate it Coll. I cannot say who can or who cannot I am a Stranger to all of it L. Ch. Just Well call your next Witness Coll. My Lord there was a Petition presented to the Common Council of London wherein they set out that they were tamper'd withal about a Plot against the Protestants L. Ch. Just A Petition from whom Coll. I cannot tell from whom from some of these Witnesses L. Ch. Just Who preferred and signed it Coll. Mr. Turbervile was one Pray call Doctor Oates L. Ch. Just The Prisoner calls upon you Mr. Oates What would you ask him Mr. Colledge Coll. Where is the Petition to the Common Council Doctor Dr. Oates I have it here in my hand L. Ch. Just By whom was it presented Dr. Oates It was given by Mr. Turbervile and Mr. Macnamarra to Mr. Wilmore L. Ch. Just Was you present when it was delivered Dr. Oates Mr. Wilmore did deliver it to me before he was apprehended for being to come down as a Witness he was taken up and committed to Prison L. Ch. Just Whose Hands are to it Dr. Oates I know Mr. Turbervile's Hand he will not disown it Clerk Reads It is subscribed Edward Turbervile John Macnamarra L. Ch. Just Look you Mr. Colledge what word is there in all this Petition that is a contradiction to what they have said now Coll. I did not hear it my Lord. L. Ch. Just They say they are constant Witnesses for the King against the Papists and they have been tempted to unsay what they have said how does that contradict what they say now Coll. I suppose they say they have been tempted to turn the Plot upon other people and to make a Plot upon the Protestants L. Ch. Just They have been tempted they say by the Papists to unsay what they have said but the Jury have heard it read and will give it its due weight Will you ask Mr. Oates any Questions Coll. What do you know of Mr. Turbervile Dr. Oates As to Turbervile my Lord a little before the Witnesses were sworn at the Old Bayley I met with Mr. Turbervile I was in a Coach but seeing Mr. Turbervile I stept out of the Coach and spoke with him for hearing that he was a Witness
only my mistake L. C. J. You are a rash man to affirm so If you had an Almanack you should have consulted it or referred to it Mr. Ser. Jeff. Nay we have lost a day even by your Almanack for yours says it was the 27 th you came to Town Bolron the 28 th Mr. Mow. I refer my self to Mr. Smith he can't deny but he came up with us at that time Mr. S. Jeff. You were examined at Sir Miles Stapletons Tryal was you not Mr. Mowbray Mr. Mow. I was an Evidence there Mr. S. Jeff. Did the Jury believe you Mr. Mow. They did acquit Sir Miles Stapleton Coll. That is nothing to the purpose so was Mr. Smith too L. C. J. Would you ask any thing further Coll. Call Mrs. Mary Bolron L. C. J. If you have any more Witnesses pray call them Mr. Just Jones Mr. Mowbray was Bolron's Wife by when this Discourse was Mr. Mow. No she was in Town she did not go down with him at all L. C. J. Are you Bolron's Wife Mrs. Bolron Yes L. C. J. Well what do you ask her Coll. Mrs. Bolron Pray do you know Mr. John Smith Mrs. Bol. Yes I do know him Coll. What can you say of him Mrs. Bol. He sent several times for my Husband and Mr. Mowbray to my House something he would have them be concerned in some business he had in hand L. C. J. When was that Mrs. Bol. Within this 3 weeks since he came up from York Assizes Coll. You may see there was an understanding between them then Mr. Just Jones Did they go accordingly Mrs. Bol. Now and then they have gone to him but they knew his business because they had Discourse with him as they said upon the Road and they would not go L. C. J. Would you ask her any thing else What do you know more Mrs. Bolron Nothing for I am not one that stirs much abroad Colledge Call Mr. Everard L. C. J. What do you ask him Colledge As for Mr. Everard I need not ask him whether he knows him for they know one another well enough But Mr. Everard that I would ask you is this what do you know of Mr. Smith and of this contrivance against me Mr. Everard Mr. Smith I have been to see of late and he told me he knew of no Presbyterian or Protestant Plot and when my Lord Howard was tried that is the Bill brought against him he said he wondred how my Lord Howard could be Guilty and that both himself and I were joyned as Evidence to that Jury only to put a gloss upon the Evidence for says he I have nothing material to say Colledge Mr. Everard Do you know any thing more concerning him what he hath said at other times concerning me Mr. Everard I have told you already what I have heard him say That he thought there was no Protestant or Presbyterian Plot and that now of late within this little while Coll. Pray Sir was there not some discourse betwixt Just Warcup and you in Lincolns-Inn walks Mr. Everard Is Justice Warcup an Evidence here L. C. J. No no. Colledge 'T is all but Evidence of a Presbyterian Plot therefore pray Sir what was the discourse between Justice Warcup and you what would he have had you done L. C. J. I think it is not material there is nothing of Mr. Warcup in this Tryal Mr. Everard If the Court does allow of it I will freely tell it Coll. My Lord the Papists design is to make a Protestant Plot to turn off their own and they begin with me but if I should go they would not be satisfied with me they would be at others L. C. J. There is nothing concerning a Presbyterian or Protestant Plot in the Case Colledge My Lord If there be no Presbyterian Protestant Plot and others to joyn in it how could I do it by my self 't is impossible I should have such a design of Seizing the King and improbable I should speak it Now my Lord this man was solicited to come in for an Evidence of such a Plot. Mr. Everard That is true L. C. J. I tell you it is not material Mr. Warcup is not concerned in your Trial. Mr. Everard Justice Warcup would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Colledge The Papists aim is not at me only but at others Mr. S. Jeff. We have nothing to do with what you and Justice Warcup talked of for Example sake my Lord let us have no discourses that concern third persons brought in here L. C. J. Would he have perswaded you to say any thing that was not true Mr. Ever He did not say positively those words but this he said I knew several Lords Mr. Just Jones Now here is Mr. Justice Warcup's same traduc'd behind his book in the face of the Countrey and it is nothing to this cause before us Coll. My Lord I desire to know what he knows of these things and that he may speak it out 't is a material thing for me and others Here is a design of the Papists to turn a Plot upon the Protestants they begin with me and if they have my bloud who may feel the effects of it next I cannot tell L. C. J. Truly I think it not material to your Case and indeed 't is of ill consequence to have any man traduced behind his back as Mr. Warcup is Colledge My Lord Macnamarra told me that that man would have seduced him to have retracted his Evidence upon my salvation 't is true L. C. J. We meddle not with Macnamarra neither he is no evidence against you Coll. Macnamarra hath sworn against me at the Old-baily and at the finding of this Bill but they have laid him by upon some trick or other I desire Mr. Everard may tell what he knows Mr. Ev. I would not reflect upon any person nor will I answer it if the Court do not think fit Coll. My Lord this is foul play if I die my self for my Countreys sake I can do it freely and the will of God be done I would have the truth out for the sake of the Protestants Mr. Everard I am very willing to tell the truth if the Court think fit L. C. J. I see not that he says Mr. Warcup would have had him swear that which was not true Mr. Ev. But this he said if the Court will allow me to speak it Just Warcup said that certainly there was a Presbyterian Plot and such things and that some Lords some of the Protestant protesting Lords must be guilty of it and said he certainly you know much of it You know such and such things therefore you may safely swear it if I knew it so by argument he would first prove there was a Plot and Combination amongst those Lords and then said he this you may safely swear Mr. J. J. What is this to your purpose Mr. Colledge only Warcup's name
advised him to Arme himself whether he prepared them against that time or no is not material if he had them before and if he had them first innocently yet if he afterwards designed them for such a purpose and shewed them in a readiness for it that is a sufficient Evidence to prove this Treason So here are two Witnesses you observe against the Prisoner of this matter that is laid against him in the Indictment an intent to kill the King they both prove it positively upon him at Oxon. Mr. Dugdale speaks to matters precedent to for he tells you his discourse before they came down that they would come down for that purpose that they had an expectation some thing would be done and therefore he came down in an Equipage not suitable to his profession for you see he was by Trade a Carpenter or a Joyner but Armed on Horseback with a Case of Pistols things that don't become such men to Travel with and he did declare to Mr. Dugdale for what purpose he came down The next Witness is Mr. Smith and Mr. Smith is as positive and full to this matter of Treason as any of the rest Colledge There is scarce a Carpenter or a Joyner in London but hath Pistols when he rides L. Ch. Just Mr. Colledge We must not suffer this We had so much patience with you that we expect you should be quiet now and not interrupt the Counsel Colledge My Lord Let me not be overborn upon there is scarce a Poulterer in London but what hath Pistols Mr. Sol. Gen. We had great patience with you Mr. Colledge and did not interrupt you I am sure but let you say what you would I think I do you no wrong if I do I am under the Correction of the Court they will reprove me if I do that which does not become me Mr. Just Jones Did not you ramble I don't know how and yet you were suffered to go on Mr. Sol. Gen. He tells you of a discourse as he came from the Coffee-house to go to a Dinner whither he was invited by Alderman Wilcox and the discourse was That the King was as great a Papist as the Duke and much more to that purpose vilifying the King That Alderman Wilcox was a man that gave Money to buy Armes to bring the King to submission He objects against this and says 't is impossible such a discourse should be and that all this should be talked in so little a time as in passing from the Coffee-house to the Crown-Tavern without Temple-Barr Colledge Pray remember whose Company it was proved I went in Mr. Solicitor Mr. Sol. Gen. But Gentlemen when you consider how busie a man he was and how ready at talking of Treason you will not think but that this man might talk much more than this but this I mention to do him right it being one of the Arguments he used and to give an Answer to it tho' when you consider it I believe you will think it not to need an Answer But I would do him all the right I can and now you have heard it you will consider the weight of it Gentlemen he tells you of another discourse afterwards that does relate to his being here at Oxon he tells you he had Armes in his house and was ready upon all occasions and he shew'd Mr. Smith his Armes and told him these were the things that were to destroy Rowley's Guards as he said which by the Evidence is made to appear he meant the King by that name his Armes he said were for that purpose That he would go down to Oxon and there he expected some sport I know not what sport he thinks there is in Rebellion you see what principles he is of that does maintain and justifâ—e the greatest and horridest Rebellion that ever was in England and says they did nothing but what they had good cause for He tells Smith that he thought the King would seize upon some Members and with that expectation he came down but he was as ready as the King and would be one in the securing of him if he medled with any of the Members This proof Mr. Smith made and that after the Parliament was dissolved he said that the King ran away and was very much afraid This is proved by Smith likewise and this Colledge did declare after he came to Town Smith proves further That he did wonder the King did not consider how easily his Father's Head was brought to the Block and for Mr. Colledge's part he did declare that he did believe this King would be served so shortly And this does confirm what his other Witnesses have spoken of his words at Oxon. Thus then there are three Witnesses tho' two are enough to convict a man if they be positive to the Treason Mr. Haynes is the 4 th Witness and he is as full as any of them I do but repeat it in short you have had it so often canvassed by Colledge that I believe you will easily remember it He did advise Haynes that he should not value the King at all for the King should be called to account for all his Actions he said he would seize the King and bring him to the Block as they did his Father with an undecent expression of that blessed King not fit to be repeated And he said they did intend when they had cut off him never any more of his Race should Raign this it was Haynes says tho' there are other matters I would take notice of one thing more and I need not but mention it you will remember it and that is about the Libel of Fitzharris Haynes tells you upon discourse of that Libel he said that every word of it was true as sure as God is in Heaven Now that was a Libel made by a Papist an Irish Papist who hath been Tryed Convicted and Executed for it and the horridest Libel it was that ever was Writ And this is the Libel which this Gentleman who is so very conversant in Libels and Books of that sort avers to be as true as God is in Heaven This is the substance Gentlemen of that proof which hath been made to you we have other Circumstances to prove that as he came down with that intent to seize the King and as he expected what he calls some sport so he did endeavour to begin the sport he did quarrel in the Lobby of the House of Lords with Fitz Gerald some blows passed and Sir William Jennings telling him his Nose bled he did declare I have lost the first blood in the Cause but it will not be long before there be more lost Thus after he had come down he endeavoured to begin a Commotion for from little matters great things do sometimes arise and when all men were possest with an Expectation such as he himself did declare he and others came down with an expectation that the Parliament should be attacked a little matter might have begun such a
men should come and voluntarily tell Mr. Oates they were all forsworn are these men such great Coxcombs as he would have us to believe Is it so probable a thing that any men of common knowledge would do it Do you think a man of that knowledge and consideration as Smith is an allowed Scholar and a man of known Learning and Mr. Dugdale who has been reckoned by all men to be a good Evidence do you take these men to be such absolute Novices that they must seek an occasion to tell him they were Bribed off and were Forsworn If you can think this and if a bare Affirmation against these positive Oaths can prevail Gentlemen upon your Consciences be it In the next place 't is a strange sort of thing to believe that Mr. Smith should come out of a Coffee-House where a Quarrel is pretended to have been between him and Colledge but Mr. Smith does upon his Oath say he never had any such Quarrel with him and that he should fall a damning and sinking against Colledge and against the Gospel that there should be such impudence in the world in any man as to desire or wish such a thing Gentlemen these are strange sorts of Apprehensions and men must have very strange thoughts that can strain themselves up to the belief of them In the next place here it is said by the Prisoner Good Lord What a condition we shall be in Here is a Plot put upon the Protestants I hope in God there is no Protestant Plot but I also hope the whole Interest of the Protestant Religion is not involved in the Prisoner at the Bar and all will be destroyed if Mr. Colledge dies for his Treasons Gentlemen the Question is not whether there be a Presbyterian or Protestant Plot we declare we know of none but whether the Prisoner at the Bar have spoken such words and done such things as are Sworn against him And I would fain know what all the Discourses we have had about Irish Witnesses and Papists signifie when in all the course of our Evidence there has been but one Irish and never a Papist But here have been great Discourses about Macnamarra and Denis and what it hath been for but to make a noise and raise a dust I can't tell for in this Cause there has not been one Irish man besides Haines and never a Papist throughout the whole Evidence So that it is easie if men think it will take with the Auditory for a person to cry out Oh Lord we are all like to be undone here are Irish Witnesses brought against us and yet after all this stir there is but one Irish Witness and never a Papist And as for him Truely Gentlemen I must take notice that even Colledge himself till such time as he was taken reckoned him an Honest man Colledge Never in my Life Mr Serjeant Jefferies It was so said But I do say Gentlemen suppose which I do not admit that the Irish man he speaks of be out of the Case not that the Country is an Objection against any mans Testimony God forbid it should be so affirmed for Truth is not confined to places nor to persons neither but applyed to all Honest men be they Irish men or others but I say set Mr. Haynes out of the Case Suppose there was no such man as Haynes in this Case yet I must tell you Gentlemen you have as great a proof as possibly can be In the next place I must take notice to you of some Account that hath been given of him by himself It is wonderful strange when there was that kindness of intimation given by the Court that he should do well to prove his Loyalty as well as his Religion that he did not produce some of his later Acquaintance If this man that makes himself a Protestant would have it believed he is such I wish he would have brought some of those men that knew him at London to give you some account of him and not to stretch backward 16 years to prove his Birth and Education that is not the best account sure a man can give of himself to say after he hath been talking at this disloyal rate that he is a good Protestant because he was thought so 18 years ago Again in the next place here is an account of the Libels given by the old Woman that is his Sister Truly she would have it and that is another Libel at the Bar as though the man in the Red Coat with R. C. upon it had dropped this kind of Libel in his House and so he or some body else put a trick upon him and because she would inveigle you to such an interpretation she says that they staid behind till the man in the Red Coat had fetched away the Shavings and so here is a new Sham-Plot to be put upon the Prisoner by dropping Papers in his House a pretty kind of insinuation But Gentlemen against the Evidence of this Woman you have the very person that was there the Officer who swears that he and his Fellows came before the Watermen into the House But I suppose you observe how that notable talking Maid and she does agree for the Maid tells you there came a strange Fellow seven weeks before delivered these things into her hands her Master was abroad and she was not to enquire whence they came or what they were but paid him 6 d. for bringing those things Now 't is very strange that the Maid should pay for the bringing of those things and yet after that should imagine that some body else should put them there But now Gentlemen in the next place I must tell you another thing which I would beg you to take notice of Here are two Gentlemen Mr. Balron and Mr. Mowbray and they have given you an account that they have been Evidence against the Papists they did well in it but it hath been their misfortune hitherto they have not been believed but whether they have been believed or not before is no guidance to you at this time but that which is to guide you is whether or not they have given you now a Testimony that you in your Consciences can believe Now can you believe what they have said nay can you believe it without any Circumstance to confirm it against those express Objections that arise from themselves and against the Oath of the person when the one tells you so exactly of the 25th 26th 27th and 28th of July and the other tells you that Smith took Post and yet overtook them not till the Sunday after which was the 3d. of August and when the Almanack is produced it was so far from making out what they spake of to be the same time that whereas one said he came to London the 28th the others Almanack says it was the 27th then pray how do these persons agree when the one says that Mr. Smith talked with him upon the Road the 28th and the other says that they