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 Sovereign 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 Sovereign 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 Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign 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 Sovereign 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 Sovereign Lord the King to procure and cause and our said Sovereign 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 Sovereign 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 Sovereign 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 Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign 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 Sovereign 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 Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest 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 Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council 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 Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. 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 purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
hope a Turn-coat Rogue He was for the Plot whilst he was a puisne Judge but now he is Chief Justice he is the greatest Rogue in the world He is like one of the Pensioners 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 the 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 Twelve 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. Serj. jeff. Mr. Colledge if you will ask him any Questions you may Coll. 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. Serj. jeff. 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 Coll. Where was this discourse about superceding your Warrant Haynes At London Coll. When Haynes It was before the Parliament sate at Oxon. Coll. How long Haynes I can't tell positively to an hour or a day Coll. What month as near as you can Haynes It was in the month of March. Coll. Had you ever seen me before Haynes Can you deny that Coll. I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government L. c. j. Were you an intimate acquaintance of his before March last Haynes No intimate acquaintance Coll. 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-Bar and he set 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 Coll. What man was that Haynes One Richard Ponre Coll. 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 Captain Browne and they gave us a Signal a blue Ribband to distinguish that we were Protestants from the Bishops men L. c. j. When were you to make use of it Haynes When the King was seized Mr. Ser. Jeff. 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 Says 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-Gerald 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 Coll. 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 Coll. 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 cold 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-Gerald Mr. Att. Gen. Is it to this matter Haynes No nothing at all L. c. j. Let him ask any questions what he will Coll. 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 Coll. Pray answer me Sir When was the first time I talked to you Haynes The first intimate acquaintance we had was when you put me upon the design about Fitz-Gerald Colledge Pray Sir you go too fast already as you are still gallopping where was this discourse about his Majesty Haynes I told you before Coll. What was it Haynes I went to you after the Affidavit was made and told you there was a Warrant out after me and desired you to go to That Noble-man and desire his advice what I might do or whether I might supersede the Warrant You told me you could do nothing without advice and you would go and advise with That Noble-man Colledge My Lord here is Mr. Turbervile
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 no 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 Countrey 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 Lo. ch just 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 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 Kings Witnesses Lo. ch just He must have that deliver him that presently Mr. Attorn Gen. But my Lord others have gone about and framed Witnesses for him L. Ch. Just You must give him a list of his Witnesses for I see not what use you can make of it Mr. Serj. jeff. 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 Lo. Ch. Just 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 though 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 Councel 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 Lo. Ch. Just 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 Colledge 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 jugdment 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 than 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 Does 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 than 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 Lo. ch just 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 dealare Jabhor 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 though I have not spoke one word in any publik company since I came Mr. just jones It seems you will reflect here in the face of the Court and in the face of the Countrey upon the Government upon the justice of the Kingdom Mr. Smith No my Lord I have told
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 Lo. 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 These 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 God's 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 Lo. Ch. Just How comes any body to give you Papers Nobody 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 Lo. ch just You can say whether you are Guilty or not Guilty without any Papers Coll. 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 Lo. 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 to be 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 Lo. 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 Lo. 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 Lo. 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 Treason Colledge Some of those Papers were received from me in the Tower and were
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 pitiful 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 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. Ser. jeff. 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. Ser. jeff. What did he say to you about it Mr. Smith He did desire me to get 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. Attorn 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. Att. 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. Att. Gen. But pray tell us again what he said of the Kings running away Mr. Smith He said Rowley was afraid like his Grand-father Jumy and ran away ready to beshit himself L. c. 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 Coll. 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 two Gentlemen that belonged to the Alderman went up and down and gave Wine Coll. What Religion are you of Mr. Smith Is it for this man to ask me my Lord such a question Lo. ch just Yes answer him Mr. Smith I am a Protestant Coll. 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. Ser. jeff. Did not you swear against my Lord Stafford Mr. Att. 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 Reputation and I defie all the World to say any thing against it Colledge Pray hear me Sir if you please the first discourse that you speak of about Mr. Wilcox's being a good man for the Cause and contributing mony this was when we were at Dinner Mr. Smith This was that day when we went to dinner with him you know it very well Coll. Where were the other Discourses I had with you Mr. Smith Which part of them Colledge When I came from Oxford Mr. Smith By the Ditch side by your own House I have
D. of York was to be at the Head of them and the intention was to destroy all the Protestants Upon this I was resolved if I lived to come along with the Parliament and if there was any such Design I was resolved to live and die with them but I had no more then common Arms a Sword and a case of Pistols and my Cap was a Velvet Cap and nothing else My Lord I had the Honour to be sent for when the Parliament sat last at Westminster the Sessions in October it was an Honourable occasion and I thank those worthy Gentlemen that sent me for the Honour of it there I begun to be popular as to my Name for from that time they began to call me the Protestant Joyner because the Parliament had intrusted me My Lord Grey was pleased to send his Footman for me to the Crown Tavern behind the Exchange where there were several worthy Lords Peers of the Realm and one Hundred of the Commons that had dined there that day it was the day before they sat after they had dined I came to them and the Duke of Monmouth told me They had heard a good Report of me that I was an honest man that understood Building and they did confide in me to search under the Parliament House they did not really know of any Design but they would not be secure there might be some tricks play'd them by the Papists tho' we are not afraid of them said the Duke yet we think fit to employ you to search under the Houses whether you can find any such practices So accordingly my Lord I did go my Lord Lovelace was one of the Honourable Lords and my Lord Herbert that went with me and some of the Gentlemen of the House of Commons and those worthy Protestant Lords were pleased to thank me for my Service and did believe I was active and zealous to find out and discover the bottom of the Popish Plot so far as it came legally in my way to do it My Lord upon this occasion there was a great kindness from them to me and I had upon all occasions testimonies of it and this very man who now swears Treasons against me which God Almighty knows is all false did swear in his Affidavit before Sir George Treby the Recorder of London I did never see the Affidavit indeed I was over night at Sir George Treby's but he was not then at leisure but he drew it up next day and swore it that there was a Design to destroy the Parliament at Oxon. and there was not only his Oath for it but it was the general belief that some Evil was intended them All men had cause to fear and to suspect the Papists did bear them no good will and making use of their own observations they were generally armed with a Pistol or a Sword for themselves in case they should be attck'd by the Papists In order to this I did come down with my Lord Howard my Lord of Clare my Lord of Huntington and my Lord Pagett those four worthy Protestant Lords and it was two days after the Parliament was sat that we came and I went out of Town again with my Lord Lovelace Sir Thomas Player and Sir Robert Clayton and I am sure they were all in so great a fear that London should be surprized and seized on by the Papists but there was no mortal man that ever heard of the Kings being seized or thought of it till these men come and tell me that I had such a Design and came hither with that purpose but my Lord I declare as God is my Judge I would not have it thought I speak it to save my life were it as certainly a truth as 't is most wickedly a falshood that I had had a design to seize the King I know not of one man who was to stand by me Parliament man or other persons whatsoever And how is it possible for me to attempt that being a single person with only a Sword and a case of Pistols let any man judge And I do declare I know of no conspiracy nor Design against the King or Government I never spoke one of the Treasonable Words in my life that is laid against me nor had ever any thoughts of any such thing God that is my Eternal Judge knows that what I speak is true L. c. just Well Mr. Colledge will you call your Witnesses for I must tell the Jury as I did at your request concerning Mr. Attorney that as nothing he said so nothing you say is to be believed upon your own Allegation for then no man would ever be guilty if his own Purgation by words were to be believed Coll. My Lord I thank God I know my own innocency and hope to prove it I have a Soul that must live to eternity either in joy or misery I act according to those principles and I hope I have some assurance of my own Salvation when I dye I would not call God to Witness to a lye to save 1000 lives My Lord this is a villanous conspiracy against me and if it take place against me it may go a great way God knows how far This is the 17th or 18th Sham Plot the Papists have made against the Protestants to get over their own but I hope my Lord God Almighty will never suffer it If they can make me a Traytor they will try it upon others and so hope to sham off their own Treasons but I say I hope God Almighty will never suffer it My Lord I think the first Witness that swore against me was Mr. Dugdale and I must call my Witnesses as I have them here I know no person of them hardly and this tht is done for my Defence was done abroad My Lord I have been kept close Prisoner in the Tower and none of them suffered to come to me whilst the Popish Lords have had the liberty and priviledge to talk with their friends Here are VVitnesses I hope will prove that those are Suborned men for Macnamarra did tell me presently after the Parliament broke up at Oxon. and whispered it to me in the Coffee-House Said he there is a design laid to make us retract our Evidence and go over to Fitz-Gerald Said I I suppose they have been at that sport a great while Ah said he they make large offers Said I by whom Said he Colonel Warcupp hath been at me and he tells me Mr. just jones Macnamarra is not produced against you as a Witness at all Coll. No but he told me this that there was such a design and said he I will get you and some other honest men and he desired me to be by when he had something more to tell which would do his business for him but the next news I heard of him was he was put into Newgate Lo. ch just Call your Witnesses Mr. Colledge and prove what you can Coll. Call Mr. Hickman Mr. Att. Gen. My Lord I desire
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. Ser. Jeff. Do if you will He stood up Coll. VVhat 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 Colledge Did not you tell Zeal of such a thing Ivy. No I never did Coll. Heark you Mr. Ivy you have sworn against me have you not Ivy. What I have sworn against you or against any other person is true Coll. VVhat 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. c. j. 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. c. j. 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 Lo. 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. c. j. 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. c. j. Tell him if you have Ivy. Yes my Lord I have Colledge 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. c. j. 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. c. j. 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 Colledge 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 Lo. c. j. 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. Zeal 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 Lo. 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 Lo. c. j. A Petition from whom Coll. I cannot tell from whom from some of these witnesses L. c. j. Who preferred and signed it Coll. Mr. Turbervile was one Pray call Dr. Oates L. c. j. The Prisoner calls upon you Mr. Oates What would you ask him Mr. Colledge Coll. VVhere is the Petition to the Common Council Doctor Dr. Oates I have it here in my hand Lo. ch just By whom was it presented Dr. Oates It was given by Mr. Turbervile and Mr. Macnamarra to Mr. VVilmoe Lo. ch just Was you by when it was delivered Dr. Oates Mr. VVilmore 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 Lo. 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. c. j. Look you Mr. Colledge what word is there in all this Petition that is a contradiction to what they have said now Colledge I did not hear it my Lord. Lo. 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. c. j. 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 Colledge What do you know of Mr. Turbervile Dr. Oates As to Turbervile my Lord a little before the Witnesses were sworn at the Old-Bailey I met with Mr. Tubervile 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 I did ask him whether he was a Witness or no against Colledge Mr. Turbervile said He would break any one's Head that should say so against him for he neither was a Witness nor could give any Evidence against him So after he came from Oxon. I met with Mr. Turbervile again and hearing he had been there I asked him if he had sworn any thing against Colledge He said yes he had been sworn before the Grand Jury Said I did not you tell me so and so Why said he the Protestant Citizens have deserted us and God dam him he would not starve Lo. c. j. Would he say so to you Dr. Oates Yes my Lord He said those very words Mr. Serj. jeff. 'T is Mr. Oates saying 't is Mr. Turbervile's Oath Dr. Oates Several times he did repeat it but when I asked him what he had sworn He said I am not bound to satisfie peoples curiosities L. c. j. What say you to it Mr. Turbervile Mr. Turbervile My Lord the first part of the Doctor 's discourse in part is true I met him just at my Lodgings
Colledge 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 Lo. 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 Coll. 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 that now of late within this little while Colledge Pray Sir was there not some discourse betwixt Justice Warcupp and you in Lincolns-Inn Walks Mr. Everard Is Justice Warcupp 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 Warcupp and you what would he have had you done L. c. j. I think it is not material there is nothing of Mr. Warcupp 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 sollicited 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 Justice Warcupp is not concerned in your Tryal Mr. Everard Justice Warcupp would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Coll. The Papists aim is not at me only but at others Mr. Ser. jeff. We have nothing to do with what you and Justice Warcupp 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. Everard He did not say positively those words but this he said I knew seveveral Lords Mr. just jones Now here is Mr. Justice Warcupp's same traduc'd behind his back 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 blood who may feel the effect of it next I cannot tell Lo. ch Just 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 Justice VVarcupp is Coll. 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. Everard 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 Countrey 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. VVarcupp would have had him swear that which was not true Mr. Ever But this he said if the Court will allow me to speak it Justice VVarcupp 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. just jones What is this to your purpose Mr. Colledge only Mr. Warcup's name is brought upon the stage when he is not here to vindicate himself L. c. j. Would you ask him any thing else Coll. If he does know any thing more of any of them I desire he would speak it Mr. Ev. Concerning Mr. Haynes he told me it was necessity that drove him to speak any thing against the Protestants and the hard Pay and the Gratitude he did receive from the Citizens Then Mr. Jones acquainted the Court that Mr. Warcup was just come in and desired to vindicate himself But the Kings other Counsel waved it saying there was no weight in it Lo. ch just Where did he tell you this Mr. Ev. In the fields near Grays-Inn Lo. ch just How long since Mr. Ev. About three weeks ago I asked him Mr. Haynes said I I would not draw you from your Testimony in any thing but how can this be congruous to what you have said formerly That you knew nothing by them The truth is said he I will not say much to excuse my self but my Wife was reduced to that necessity that she begg'd at Rouse's door and craved some Salary and Mr. Rouse would not give her any and said he meer necessity drove me to it Colledge He found better pay in another place Mr. Ev. And says he 't is Self-preservation in the next place for I was brought in guilty when I was taken up and therefore I was obliged to do some things to save my Life Coll. Pray my
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 The Alderman Wilcox was a man that gave money to buy Arms 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-Bar Coll. 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 Arms in his House and was ready upon all occasions and he shew'd Mr. Smith his Arms 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 Arms 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 justifie the greatest and horrid'st 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 Fathers Head was brought to the Block and for Mr. Colledges 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 4th 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 horrid'st 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 Fitzgerald 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 commotion which no man knows what end it would have had Gentlemen this hath been our proof Now the Objection made to this proof by Mr. Colledge is That this is a Popish design to raise a new Plot and cast it upon the Protestants and that these Witnesses are now to deny all the Evidence they have given of the Popish Plot and throw all upon the Protestants This is that he would persuade you to believe but which I think when you do consider a little of it it will be impossible for you in the least to have such a thought For what are the Evidence that have proved this who are they men of credit that have been Evidences against the Popish Plotters and against men that have suffered for that Plot men that still stand to the Evidence they have given and affirm it every word to be true and one of the very men that he brought says that they still stand to it for Turbervile who was one of the Witnesses against my Lord Stafford was tempted by some persons to deny the Evidence he had given against the Papists but his answer was no I can never depart from it I have a Soul to save that was true which I said I cannot deny it If then the Witnesses which he would have you believe to be guilty of denying the Popish Plot do confirm what they have said as to that discovery that objection is taken off and they do stand still to it that every part of it was true and aver the same thing and yet forsooth these men are going about to stifle this Plot. Gentlemen these are the men the whole nation have given credit to the Parliament having impeached my Lord Stafford upon the credit of them for it was upon the credit of Dugdale and Turbervile that they impeached him for there was not two witnesses till Turbervile came in and made a second and upon their
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 Dennis 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 Haynes 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 after all this stir there is but one Irish Witness and never a Papist And as for him truly 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. Serj. Jeff. It was so said But I do say Gentlemen suppose which I do not admit that the Irishman 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 sixteen 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 somebody 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 Waterman 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 six pence 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 somebody 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. Bolron 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 own Consciences can believe Now can you believe what they have said nay can you probably 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 twenty fifth twenty sixth twenty seventh and twenty eighth of July and the other tells you that Smith took Post and yet overtook them not till the Sunday after which was the third 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 twenty eighth 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 came to London the 27th These are circumstances Gentlemen that you must weigh and you may bring the North and the South together as soon as their two testimonies they are so far asunder Besides Gentlemen I hope you take notice of a person that was sworn a person of some quality a Scholar in the University here that says Balron though he denied it did shew one of these Pictures and did discover they were Mr. Colledges and Balron himself his own witness tells you that he did acknowledge one of those Pictures was his It appears then how busie he was and concerned himself in what belonged not to his Profession So that upon the whole matter after this long Evidence that hath been given I must wholly appeal to your Lordship and the Jury as to the Law to your Lordship and the Court and as to the Fact to the Jury for I do not desire any sort of Evidence should be strained against a Prisoner at the Bar who is there to be tried for his life God forbid if he be innocent but he should be acquitted but on the other side consider the murder of that great King of ever blessed memory is before you and remember that base reflection which the witnesses tell you of upon that horrid action and as a great Evidence remember that seeming vindication of it at the Bar which certainly no English-man no Protestant according to the Church of England can hear without having his blood stirred in him And these things are not only testified by Dugdale and Smith but by Gentlemen of known reputation and quality and he hath a little discover'd himself by that defence he hath made against their testimony But know Gentlemen that the King is concerned your Religion is concerned that Plot that is so much agreed to by all Protestants is concerned for if Dugdale Smith and Turbervile be not to be believed you trip up the heels of all the Evidence and discovery of that Plot. Then I