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
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
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
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
Upon which Colledge told me the King and all his Family were Papists and there was no good to be expected from him Then I replyed the King would perhaps surprize the Parliament or use some stratagem to bring them to his terms Said Mr. Colledge again I would he would begin but if he do not we will secure him till he comes to those terms we would have from him for here are several brave Fellows and many more are coming down that will joyn with it Mr. Att. Gen. Did he name any one Turberv No indeed he did not he himself had a case of Pistols a Sword and I believe he might have his Armour on Coll. Did I discourse who were to joyn with me Turberv No Mr. Colledge you did not name any body to me but Captain Browne was with you Mr. Att. Gen. Were you examined in my Lord Staffords Tryal Turberv Yes I was Mr. Att. Gen. Was this Gentleman sworn to your Reputation there Turberv No not to mine Coll. Pray how come we to talk of such things what occasion was there that I should talk Treason of the King to you was there any body besides us two there Turberv No Capt. Browne was gone to sleep and Lewes was gone out Mr. Att. Gen. It was not at dinner that you talked so Mr. Colledge he says Coll. Had they been at dinner with us there Turberv Yes and we had a Legg of boyled mutton to dinner Coll. Did you stay after dinner Turberv Yes and I lay with you afterwards upon the bed Coll. I thought you had said Capt. Browne went to sleep there Turberv Yes but he was gone too when we laid down together Coll. God forgive you I can say no more I never spoke one word of any such discourse in my life Mr. Att. Gen. Will you ask him any more Questions Coll. Mr. Turbervile when did you give in this Information against me Turbervile I gave it to the Grand Jury Colledge Not before Turbervile Yes I did Colledge When was it Turbervile Truly I can't well tell I believe it was a day or two before I came to Oxon. Coll. Why did you make it then and not before Turbervile I 'll tell you the occasion Mr. Dugdale told me the Grand Jury of London would not find the Bill I did admire at it extremely for I thought every one that conversed with him might be an Evidence against him he was always so very lavish against the King and the Government So then Colonel Warcupp came to me and took my Depositions and then I came for Oxford Colledge VVhat was the reason you did not discover this Treason before Turbervile There was no reason for it it was not necessary Coll. You were not agreed then Turbervile There was no agreement in the case there needs nothing of that I think but I am not obliged to give you an account of it Colledge God forgive you Mr. Turbervile Turberv And you too Mr. Colledge Mr. Att. Gen. Then call Sir VVilliam Jennings Mr. Serj. jeff. Mr. Attorney if you please till he comes I will acquaint my Lord here is a Gentleman that hath not yet been taken notice of one Mr. Masters that is pretty well known to Mr. Colledge now he is a man he must acknowledge of an undoubted Reputation and I desire he may give your Lordship and the Jury an account what he knows of the Prisoner because he is so curious for English-men we have brought him an English-man of a very good repute Colledge My Lord I am charged with Treason in this Indictment here are a great many things made use of that serve only to amuse the Jury I can conjecture nothing else they are brought for I desire to know whether the Pictures produced are part of the Treason Lo. ch just Stay till the Evidence is given and we will hear what you can say at large when you come to summ up your Defence Mr. Ser. jeff. Pray my Lord will you be pleased to hear this Gentleman He will tell you what discourse he hath had with the Prisoner at the Bar. Then Mr. Masters was Sworn Mr. Masters Mr. Colledge and I have been acquainted for a great many years and we have often discoursed I have told him of his being so violent as he hath been several times But a little before the Parliament at Oxon. about Christmass last after the Parliament at VVestminster at Mr. Charlton's Shop the Woollen-Draper in Paul's Church-yard we were discoursing together about the Government and he was justifying of the late long Parliaments Actions in 40 and he said That Parliament was as good a Parliament as ever was chosen in the Nation Said I I wonder how you have the impudence to justify their Proceedings that raised the Rebellion against the King and cut off his Head Said he they did nothing but what they had just cause for and the Parliament that sate last at VVestminster was of their opinion and so you would have seen it Mr. Ser. jeff. What did he say of the Parliament since Mr. Masters He said the Parliament that sate last at VVestminster was of the same opinion that that Parliament was Mr. Ser. Jeff. Pray afterwards what discourse had you about his Colonelship Mr. Masters We were talking at Guild-Hall that day the Common-Council was the 13th of May as near as I remember so I came to him How now Colonel Colledge said I what do you make this bustle for You mistook me and said Cousin how long have you and I been Cousins nay prithee said I 't is not yet come to that to own Kindred between us I only called you Colonel in jest Marry mock not said he I may be one in a little time Mr. Serj. jeff. Have you any thing to ask Mr. Masters you know he is your old acquaintance you know him well Then Sir William Jennings was Sworn Mr. jones What is it that you know concerning Mr. Colledge at Oxford Sir Sir VVilliam Jennings My Lord the first time that I heard any thing of Mr. Colledge was there was some company looking upon a Picture for I knew him not nor never had any word of discourse with him in my life any more then seeing him in a publick Coffee-House But there was a Picture looking on by 7 or 8 or 10 people I believe more or less and I coming and crowding in my Head amongst the rest looked upon this Picture After the crowd was over Mr. Colledge takes a Picture out of his Pocket and said he I will give you one of them if you will So he gives me a Picture which Picture if I could see I could tell what it was it was written Mac a top and there were several Figures in it Then the Picture was shewed him This is one of the same that I had of him and I had not had it long in my custody but meeting with Justice VVarcupp I shewed it him who bid me give it him and so I did The next thing I did
Statutes Then there is twice of the 3 times he speaks of the last day I do not remember when it was Lo. c. just All was in London that Smith speaks of you Coll. How comes that to be proof here then nothing he says is to go for any thing Mr. just jones Nothing will serve your turn we have declared our opinions once already that if the Witnesses swear true here are two Witnesses nay if one were of what was done at London and the other of what was done at Oxon. if they be to the same Treason they be two Witnesses in Law Coll. My Lord I observe one thing upon Turberviles Evidence he swears there was a discourse in the Room when Brown was upon the Bed but afterwards if your Lordship minds it he says I discoursed with him as he and I lay upon the bed Before he said when Brown lay upon the bed and in the Room and afterwards when we lay upon the bed Mr. just jones Both the one and the other Colledge But he said first one way and then the other Mr. just jones Whilst Brown lay upon the bed and when he was gone whilst you both lay upon the bed L. c. just We will do you no wrong therefore if you will Turbervile shall stand up and clear it Colledge My Lord I believe those that have taken the passages can prove he contradicted himself in that Lo. c. just He said both But the Jury have taken notes of the Evidence and will take notice of it Coll. As to Mr. Masters the Evidence he gives was he says that he and I should discourse of the Parliament in 40. Mr. just jones And the justifiableness of the late Kings Death that they had done nothing but what they had just cause to do Colledge He swears that I did say to him that the late Parliament did not cut off the Kings Head Mr. just jones And you said the last Parliament that sate at Westminster was of the same opinion with that in 40. Coll. I dare appeal to Esquire Charlton in whose shop the discourse was I did not know that Mr. Masters was to be an Evidence against me and truly they have taken that course with me by which any man may be destroyed with half this Evidence were they of good credit let his innocence be what it will I have been used so barbarously in the Tower kept from all conversation and so in an utter ignorance of what was sworn against me for else I coud easily have disproved Mr. Masters if I had been in London and had liberty to provide for my defence but they have taken a course to prevent that and brought me hither because 't is impossible I should here defend my self Lo. c. j. You have not offered any Witness to impeach Mr. Masters credit Coll. Mr. Masters discourse He speaks of was in Mr. Charltons Shop I durst have appealed to him about it for I know if he were here he would do me right Mr. Masters did say the Parliament cut off the late Kings Head We held a dispute upon that which I was not willing to enter into I said they did not and we did then dispute whether they began the War against His Majesty I said they did not that I knew of neither were they the persons but the Papists that began that War and that broke off the Ereaty at Uxbridge and that the Papists carryed it on to that sad issue and put it upon the Protestants that they had the odium of it but it was another sort of men that carryed it on I said that I did always understand that Parliament to be an honest Parliament that minded the true interest of the Nation and much of the same opinion with the Parliament that sate last at Westminster But before I said this I said they were persons altogether innocent of the Kings murder and raising the War against the King I did always understand that so the Parliament in 40 were L. c. j. But they were guilty of a Rebellion and are declared so by Act of Parliament since His Majesty came in Coll. My Lord I am unacquainted with the Law I speak only my own sense of it And my Lord I did excuse them as to the murder of the King and the beginning of the War that according to my understanding they were not guilty of it and from thence I did maintain they were an honest good Parliament and much of opinion with the Parliament that sat last at Westminster which was for the true interest of the Nation L. c. j. And was that the true Interest of the Nation to cut off the Kings Head Coll. I did argue that with him some time and I did tell him that it was the Papists that did all the mischief Mr. just jones But he says no upon his Oath that when he had said the Parliament begun the Rebellion and the Parliament did cut off the Kings Head you said the Parliament did nothing but what they had just cause for and the Parliament that sat last at Westminster was of the same mind L. c. j. Those were his words Coll. Pray let him be called again Lo. c. just Let Mr. Masters stand up again Coll. Pray Sir relate the whole discourse that passed between you and I whether I did not argue with you it was not the Parliament cut off the Kings Head nor begun the war but the Papists Mr. Mast No you did not say any such thing We had a great deal of discourse in the shop and under the Arch and the thing that was said Mr. Colledge was this You did say to me that you did justifie the late long Parliament of 40. and then proceedings and you said they were a Parliament that did nothing but what they had just cause for said I how can you be so impudent to say so when they raised the Rebellion against the King and cut off his Head said he again they did nothing but what they had just cause for and the Parliament that sat last at Westminster were of the same opinion Mr. just jones I did you no wrong in repeating the Evidence you see Mr. Colledge Coll. Did I not first dispute with you that they did not begin the War nor cut off the King but the Papists did it Mr. Mast Look you Mr. Colledge you would have had it the King began the War Coll. Don't you say so for I said the Papists began the War Sir say no more to me than what you will answer to God Almighty for I always said the Papists did all the mischief in the late times and I wonder Sir you would not be so just to His Majesty as to detect me for what I said then if you did apprehend it to be as you now say but I am sure you did not nor could not Mr. Mast Mr. Colledge it was so far from that that I was afraid it was of dangerous consequence and I gave some Persons of Honour an accompt of
it and I was sent to but on Friday last to know what it was was said and I was desired and commanded to come down hither Coll. Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the world Coll. Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charltons shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. jeff. Mr. Masters don't trouble your self your Reputation is not upon the level with that Gentlemans Coll. I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the Kings Head Coll. You did say to me they did cut off the Kings Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an Hand in it but Sir you have left out the most material part of our discourse which was that you said they did nothing but what they had just cause for Coll. I do say and it was my sense always that the Parliament did not cut off the Kings Head for they were long out of doors before that came to pass and a new unhappy War was begun L. c. j. The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued it after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your principles and the Jury have heard what Mr. Masters says Colledge I was then a child and do not know all the passages but I speak my sense L. c. j. You should not have justified such things Mr. ju jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. just Levins It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the Kings Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Ser. jeff. He did then he tells you Colledge Had I known of it I am sure Mr. Charleton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it if it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. just jones What just after the same manner in raising War and Rebellion against the King Coll. After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the rights of the people Now if it were so then the Parliament at Westminster were of the same opinion L. c. j. I tell you the long Parliaments levying War is declared Rebellion by Act of Parliament Coll. My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. jeff. You are a mighty learned Gentleman to talk of those points indeed Coll. My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. c. j. 'T is upon the Act of the 13th of this King you speak Colledge Yes my Lord I take it upon that Statute L. c. j. I tell you as to that part of the Statute which concerns Misdemeanors there is a particular clause for prosecution by order of King or Council but as to that part of the Statute that concerns Treason it must be prosecuted within six months and the Indictment within three months after Coll. VVhat Statute is this Indictment grounded upon Mr. just jones All Statutes that concern Treason L. c. j. Upon the Statute of the 25 of Edw. 3. which declares the Common-Law and the Statute of the 13. of this King which when you have done I will have read to the Jury Coll. Then pray my Lord let me ask you one question whether the Statute of the 25th of Edw. 3. does not say that there shall be two positive witnesses to Treason Mr. just jones No but there is another that does Coll. I am ignorant of the Law and therefore I ask the question L. c. j. Well I will tell you there must be two witnesses in the case but one witness to one fact at one time and another witness to another fact at another time will be sufficient Evidence to maintain an Indictment of Treason this was told you in the morning Mr. just jones And it was told you withal that it was the resolution of all the Judges in the case of my Lord Stafford when he was tryed in Parliament Coll. They proved fact in that case writing of Letters and offering money to kill the King but nothing of fact is proved against me but riding into the Countrey with Arms that I had three years before L. c. Just We will read the Statute of the 13th wherein words are declared to be Treason Coll. I pray it may be read if you please VVhich was done L. c. j. Look you here to compass or imagine the
Evidence that has been given against the Prisoner at the Bar when there has been so much time taken up unnecessarily when there was no occasion as I must needs say there was not for such a tedious Defence I leave it to you to determine But that which was truly intimated by the Court at the beginning of the Tryal must at the end of this Cause be repeated and indeed go through it all that we of the Kings Counsel and what the Prisoner has affirmed that has not been given in proof signifying nothing and is not to be any guide at all to you You are upon your Oaths and by the Oath you have taken you are bound in conscience to give a Verdict according to the Evidence that has been given to you and that is your guide so that what we opened and have not proved is no more to be believed than what the Prisoner has said for himself in his own Defence and whatsoever he says if he make not god proof of it is no more to be regarded than what we who are for the King have alledged and not made out So then this being in the first place premised I shall take care as near as I can to save time of the Court and not to trespass on your patience Gentlemen unnecessarily in a Case whereupon as great a concern does depend as perhaps ever came to Tryal at any Bar For I say 't is a Case wherein the Life and the Liberty of the King is concerned and that is the great concern of the Nation the Religion of the Nation is concerned I would be understood aright I mean the Protestant Religion established by Law for I know no other Religion men ought to sacrifice their Lives and Fortunes for but the Protestant Religion established by Law and when these things are concerned 't is a Case of great consequence God forbid any person Protestant or other should attempt the Life of the King and the Subversion of our Religion and by stiling themselves by the Name of Protestants should excuse themselves from any such crimes For the Evidence that has been given I shall not enumerate the particulars against the Prisoner at the Bar other than such as have been omitted if I mistake not by Mr. Sollicitor In the first place are the things that hapned at Oxon. for you have had it already sufficiently told you by my Lords the Judges who are upon the Bench and who under Mr. Colledges favour are the Prisoners Judges in point of Law as you are in point of Fact They have I say already told you what the Law is in relation to Treasons that in case the Treason be in two Counties if the Witnesses speak to the self same Treason tho' to different Facts that will be two Witnesses to prove High-Treason and that there has been such a Case the Prisoner at the Bar who he says is a Protestant for his own Souls sake I wish he were a good one must take notice that Gavan the great Priest who was tryed at Newgate and convicted by what Evidence by one of them that is a Witness now against the Prisoner at the Bar that is Dugdale his Treason was committed part in London part in the Country of which part Dugdale gave Evidence but being both to the self same purpose by the greater part of the Judges who were in the Commission and present at the Tryal they were reckoned a sufficient-Testimony to prove him guilty of High Treason And I hope we do not live to that age that any Protestant whatsoever should come to trip up the heels of the Popish Plot by saying that any of them who suffered for it did dye contrary to Law or without sufficient proof for if Mr. Dugdale was not a person fit to be believed or if the rest of the Judges who tryed Gavan were out in the Law then that man died wrongfully for he had as much right to have been tryed according to the Law as any other person whatsoever Therefore Gentlemen as to that matter we must submit it to my Lords the Judges who are to give you an account what the Law is in all its particulars before you but as to the Fact whereof you are Judges that is the great matter we shall apply our selves to and for that it stands thus Here is Dugdale that does give you an account what his design was in coming to Oxford how he came to be armed as an Index Gentleman of his mind And pray give me leave to put you in mind of one thing You have first a Libel produced and read to you a pretended Letter wherein there are Queries that have been taken notice of and which seem to back the Evidence given by Mr. Masters for there is a vindication in those Queries of the proceedings of that Parliament of 41. which he has confidence enough now at the Bar to justifie too But Gentlemen you were told by the Court and you know it that that Parliament was guilty of High Rebellion And even in those Queries he asperses not only the Government but every man that has any concern in it for it takes notice not only of the King but of all his Council never a Judge nor an Officer in the Nation but is traduced by it and which is most material it was the foundation of that Libel which has been mentioned to you and which Fitz-Harris was so justly condemned and executed for that most traiterous and infamous Libel in part of it has these Queries and a great Paragraph of this Libel makes up part of that Libel of Fitz-Harris which our witnesses say Mr. Colledge was pleased to affirm was as true as God is in Heaven Another thing is this this Gentleman whose proper business it had been no manage his employment at London for a Joyner is best seen in his proper place using the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too than to come with Pistols and all those Accoutrements about him to be regulating of the Government what have such people to do to interfere with the business of the Government God be thanked we have a wise Prince and God be thanked he hath wise Counsellors about him and He and they know well enough how to do their own business and not to need the advice of a Joyner though he calls himself the Protestant Joyner What had he to do to engage himself before his advice was required How comes he to concern himself so much that after he had writ this Libel wherein he is pleased to take notice of Tyrants afterwards should go to make a Print I mean the Raree-Shew and when Dugdale comes to enquire of him what do you mean by such a thing the Tyrant shall go down Says he I mean by that the King And what do you mean by having them go to Breda Why there he explains it that he puts all the Government
the Lords and the Bishops upon the Kings back and being asked what he meant to have done with them Why the Bishops and the King and all were to go to Breda These are the things that himself did acknowledge he was the Author of and these Prints he did cause to be made and he is the person that gives you an account that it was but the conception and imagination of Dugdale that Rowley meant the King but Dugdale being called again He tells you after some time that he was under some difficulty to know the meaning of it and then Colledge tells him it was meant the King and so he expounded it to him And so Smith tells you of that same name of Old Rowley again Gentlemen thus I tell you what hath been omitted The Evidence hath been long and therefore we must be pardoned if we can't exactly repeat it This is the Evidence that was done at Oxon. the next is Mr. Smith who speaks of what was done in London and he is an Evidence both as to the word Rowley as to the coming with Arms and as to the declaring to what end he came and what he had done Mr. Haynes he tells you both before and after the same and that I must take notice of to you Mr. Smith does particularly say he used those words which I hope every Honest man and every good man that desires to preserve the Government according to Law will hear with the greatest detestation and abhorrence He talked of the taking away the life of the late King of blessed memory at such an impudent rate that every true Protestants blood would curdle at the hearing of it And this he said not only to Mr. Masters but he justified it to Mr. Smith too In the next place you have Turbervile who gives you all the reasons how he did not only tell of these things Himself but encouraged Him to prepare Himself accordingly and he gave Him a mark a Ribbon with No Popery no Slavery These were marks whereby they were to be known and they were to be one and all as they call it that when such a blow was struck they should be ready to fall in There is one thing more that I take notice of that is what was said by a Gentleman Sir William Jennings which is a confirmation of all the other Evidence that Gentleman who hath appeared to you to be a man of Honour even by the confession of Mr. Colledge Himself and by his own words for he said like an Honest man and like a Loyal man too that He would rather engage Himself in three dangers for the Service of the King at Sea than come in cold blood to give Evidence against a man for his life at the Bar. And yet this man who tells you this of Himself and that very person whom Colledge Himself calls a worthy person hath given you this account that when he told him his nose bled He answered him It was the first blood lost in the Cause but it would not be long e're there was more lost an excellent cause for a man to venture his blood in When he was told of this he began to put it off and to use his own words had a great mind to sham off the business but in truth there was no answer given to it Gentlemen the objections that have been made against the Evidence that have not been taken notice of I desire to take notice of I think against three of them there has been only Mr. Oates and Mr. Oates I confess has said in verbo Sacerdotis strange things against Dugdale Smith and Turbervile I have only the affirmation of Mr. Oates and as ill men may become good men so may good men become ill men or otherwise I know not what would become of some part of Mr. Oates's testimony And in the next place if these men have not sworn true I am sure Mr. Oates must stand alone in the greatest point in which all the Evidence agree that is the Popish Plot. But Gentlemen I must take notice to you that it is strange to me that ever you upon your consciences should perjure three men who positively upon their Oaths deny any such discourses as Mr. Oates speaks of against them I do put that upon your consciences whether you upon the bare affirmation of Mr. Oates in this place will convict three men upon whose testimony the lives of so many as have suffered have been taken away and as we Protestants do believe justly I say whether you will do it upon the bare affirmation of Mr. Oates against their Oaths In the next place Gentlemen I must tell you besides the positive Evidence of these Gentlemen there is a circumstance of improbability in the very words which he speaks of Will any man tell me that after such time as men have given their Oaths as Smith had given his that he was concerned and so had Dugdale and Turbervile too that these 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