Natural Lord the Fear of God in thy heart not having nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Soveraign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Soveraign Lord the King to Death and final Destruction to bring and put the Tenth day of March in the Three and Thirtieth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a Miserable Slaughter among the Subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Soveraign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well instituted and ordained wholly to Subvert and Destroy and War against our said Soveraign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Soveraign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously did prepare Arms and Warlike offensive habiliments to wage War against our said Soveraign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Soveraign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That it was purposed and designed to seize the Person of our said Soveraign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy Traiterous purpose aforesaid wouldst be one of them who should seize our said Soveraign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and traiterous Imaginations Compassings and Purposes aforesaid the sooner to fulfill and perfect and discords between our said Soveraign Lord the King and his People to move cause and procure then and diverse times and dayes as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of diverse Leige Subjects of our said Soveraign Lord the King then and there being present falsly maliciously subtilly advisedly devillishly and Traiterously didst say and declare That nothing of good was to be expected from our said Soveraign Lord the King that our said Soveraign Lord the King did mind nothing but beastliness and the Destruction of his People And that our said Soveraign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How say'st thou Stephen Colledge art thou Guilty of this High Treason whereof thou standest indicted and hast been now arraigned or Not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or Not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Councel assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment L. Ch. Just These are the things you ask you would have a Copy of the Indictment you would have Councel assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am indicted L. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of C. Yes L. Ch. Just That refers to all manner of Statutes that have any Relation to the thing in the Indictment that is High Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High Treason ought not to be made by Artificial Cavils but by plain Fact If you propose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a Copy of
the sitting of the Parliament at Oxford and you shall see England the most glorious Nation in the World when we have cut oft that beastly fellow Rowley and speaking of the King he said he came of the Race of Buggerers for his Grandfather King James buggered the old Duke of Buckingham and he called him Captain and sometimes the King and sometimes Rowley Mr. Serj. Jefferies This was pure Protestant discourse upon my word Haynes Then he railed at Judg Pemberton and said he let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a Turn-coat Rogue He was for the Plot whilst he was puisne Judge but now he is Chief Justice he is the greatest Rogue in the World He is like one of the Pentioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a Man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some Persons of Honour believe that I was a Person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like a Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of 12 Men will hang us by the Neck and so I should perish whilst others triumphed and only be a Martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the World for he makes you slaves and beggars and would make all the World so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serjeant Jefferies Mr. Colledge if you will ask him any Questions you may Colledge Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand Sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serjeant Jefferies He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Colledge Where was this discourse about superseding your Warrant Haynes At London Colledge When Haynes It was before the Parliament fate at Oxon. Colledge How long Haynes I can't tell positively to an hour or a day Colledge What Moneth as near as you can Haynes It was in the Moneth of March. Colledge Had you ever seen me before Haynes Can you deny that Colledge I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government Lord Chief Just Were you an intimate Acquaintance of his before March last Haynes No intimate Acquaintance Colledge Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple Barr and he sat me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him Yonder is such a man at such a place now you may seize upon him Colledge What man was that Haynes One Richard Ponre Colledge He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the Night before and Capt. Browne and they gave us a Signal a Blew Ribband to distinguish that we were Protestants from the Bishops men L. Ch. Just. When were you to make Use of it Haynes When the King was seized Mr. Serjeant Jefferies Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your Cracks and Brags now you see the King hath made a Fool of you now you know not what you would have done Sayes he What would you have us do We have not done with him yet for said he no Servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords House and there was a man came in with a Gown under his Arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz Girald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-Man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Colledge Hold Sir I desire to ask him some Questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 'T is not the first time I have been Examined I know how to speak as well as you Colledge Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a Copy of which was carried to that Noble-man And you came from him and returned me his Thanks and told me it was the best Service I could do him I would not trouble the Court with Circumstantial things and you told me I should be gratified not only in my own Property but a Reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz Girald Mr. Att. Gen. Is it to this matter Haynes No nothing at all Lord Chief Just. Let him ask any Questions what he will Colledge I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his Corporal Oath that I was as well acquainted with him as any one in the World Colledge Pray answer me Sir When was the first time I talked to you Haynes The first intimate
Parliament was guilty of High Rebellion And even in those Quaeries 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 Haris was so justly condemned and executed for that most Traiterous and Infamous Libel in part of it has these Quaeries 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 to manage his Employment at London for a Joyner is best seen in his proper place usiing the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too then 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 Counsellours about him and He and they know well enough how to do their own business and not to need the Advice of a Joyner tho' 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 Rare Shew and when Dugdale comes to inquire 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 Accompt that when he told him his Nose bled he answer'd 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
Treason Colledge Some of those Papers were received from me in the Tower and were brought back to me and taken away but to day I desire they may be returned Cl. of Cr. Are you Guilty or Not Guilty Colledge Those Papers tell me I have a Plea in Law but what it is I cannot directly tell without my Papers L Ch. Just You must mention it and propose it and then we will do what is fitting for us to do in it Colledge I have not that method about me nor can I directly tell it without my Papers but 't is something of Law about the Indictment L. Ch. Just You are not bound up to forms of Law For if you propose the matter never so loosely yet if it be a matter of avail and that which the Law is not clearly against you in you shall have Councel and time to draw it up in form Colledge I cannot propose the matter so regularly as if I had my Papers Mr. Just Jones You are not bound to propose it in formality of Law my Lord tells you only let us know what it is Colledge If I have a priviledge in Law I hope you will give me the benefit of it L. Ch. Just We will deny you nothing that the Law gives you but we cannot give you Councel It is not one particular Case but the Common Course of Justice is concerned Without a matter of Law arises we cannot assign you Councel if we would we cannot in Justice till you have proposed the matter which the Court thinks fit to be argued Colledge My Lord Coke sayes It is the birth-right of every English-man to have Councel in matters of Law and Lilburne had it upon solemn argument in his Tryal Mr. Just Jones What times were those That was before the High Court of Justice Mr. Att. Gen. If there be matter in Law it must be proposed to the Court and they are to judge whether it be a point fit to be argued and then Councel is to be assigned you and not till then Colledge My Lord I know not but there may be somewhat in Law for me to plead to this Indictment till I have my Papers I can't tell what it is L. Ch. Just We know nothing of your Papers what they are you must answer whether you be Guilty or Not Guilty Colledge If I had my Papers I would answer to it immediately but I hope I shall not be murdered Mr. Just Jones Have a care of aspersing the Court. Pray who intends to murder you Mr. Serj. Jefferies I remember in Lilburne's Tryal that he speaks of such words were used indeed Colledge My Lord I hope I shall not be deny'd what is necessary for my defence This design is not only against me but against all the Protestants Mr. Att. Gen. How long have you been a Protestant Mr. Colledge Colledge Ever since I knew what Religion was Sir I never was any thing else For Gods sake my Lord let me have the Justice of the Nation and what by Law an English-man ought to have L. Ch. Just You must plead Guilty or Not Guilty or you must shew some matter that you will plead that is proper for us to assign you Councel If we should record your refusal you would be judged to stand Mute and Sentence would pass upon you Colledge If I have a Priviledge in Law as an English-man I will not forfeit it if I can help it for any thing in the world Therefore I desire I may have my Papers again that I may see if I can plead any thing in Law for if I have a Priviledge by the Law before I will forfeit it you shall do what you please with me L. Ch. Just You 'l have the advantage of all that matter that is in your Papers after you have pleaded if there be any advantage Colledge Pray my Lord order me my Papers that were taken away from me L. Ch. Just They were not taken away by me Colledge They were taken away by the Keeper under pretence to bring them to your Lordship L. Ch. Just I know not how you came by them There came one to me last night that is a Common Sollicitor one Aaron Smith and desired he might have liberty to go and speak with the Prisoner I told him I did not understand till he were assigned by the Court that any could justifie Solliciting for a man that is accused of High Treason nor could any be of Councel till they were assigned for a defence against Treason ought to be by plain matters of Proof and Fact and not by Artificial Cavils But if you will propose any thing of substance as a matter in Law which the Court shall think fit to be argued propose it and then we will assign you Councel Colledge Is it not my right that I ought to have a Copy of the Jury L. Ch. Just Look you for that now you cited the Opinion of the Judges of the Kings Bench. My Brothers two of them that are here who are Judges in that Court say they know nothing of any such matter but I must tell you you have Liberty by Law to challenge 35. by your sight peremptorily without shewing Cause They are bound to look upon you when they come to be sworn and if you have any just Cause you may except against as many more as you will But now we that proceed upon a Commission of Gaol-delivery are to proceed with expedition there are no particular men designed for a Jury that I know of But when you have pleaded we shall award the Sheriff to impannel a Jury Colledge If the Law allows me the Liberty of Challenging it does intend it me that I may challenge those persons that I think will do me no Justice but where they are strangers unto me if I can have no Information about any of them by my own Inquiry or my friends I may challenge my friends as well as my foes and should there be any person that has a prejudice against me and I not know it he may chance to be one L. Ch. Just I hope they will be neither friends nor foes but true men Colledge I know not that my Lord. Mr. Just Jones This that you say as to a Copy of the Jury is unseasonable There is no Jury nor can be awarded till you have pleaded There must be first Issue joyned and that cannot be but upon your Plea of Not Guilty Therefore you must plead first and then say all you will Cl. of Cr. Are you Guilty or not Guilty Colledge My Lord may not I have a Pannel of the Jury Mr. Just Jones There is no such thing in being Colledge I know not what to say to it pray my Lord let me have my Papers Cl. of Cr. You have heard the Opinion of the Court you must first plead Colledge I cannot plead first I must lose my life if I must I neither know who accuses me nor what it is they accuse me of 't is impossible
you delivered to him in the Tower Colledge The three pieces joyned together that contains Directions how to Govern my self there is another of the same purpose which instructs me to demand a Copy of the Indictment and of the pannel of the Jury and those were Instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you Plead speak to this Purpose Pray my Lord I desire that may be Examined and Mr. Smith may be called to give an Account how he came to give the Prisoner those Papers for here are abundance of Niceties proposed for him to move and there will be a strange sort of Proceedings at this rate if men go about to espouse the Cause of Traytors Colledge I am noe Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that Morning as I am Informed Mr. Att. Gen. Here is a List of the Names of several men of the Country returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that Paper my Lord Mr. Att. Gen. No I hope not L. C. J. Whether they are Material or not Material If we should judge them not Material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in Case there were a Crime in the delivering of them that would not do well on the other side Therefore I would have these Papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another Account Mr. Att. Gen. But if it please your Lordship I desire you would enter into the Examination of this Matter for I have an Account from London by a special Messenger that there are several Persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another Paper which is a List of men as Witnesses picked up together against the King's Witnesses L. C. J. He must have that deliver him that presently Mr. Att. Gen. But my Lord others have gone about and framed Witnesses for him L. C. J. You must give him the List of his Witnesses for I see not what use you can make of it Mr. Serj. Jefferies This no man will oppose sure if any thing that is delivered to him be fit to be delivered the Person that delivers it must come and own it but before any Person delivers any Papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those Papers mean and who gave them L. C. J. Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be Proper for us to enter into the Consideration of it But in the mean while what hurt is there If the Papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life tho he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. Jefferies With Submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask Counsel of Persons and bring it in Papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Counsel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is L. C. J. What think you of our perusing the Papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good Condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to Plead dilatories College Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your Judgment about them when you have perused them Then the Judges looked upon that Paper that was called the Speech L.C.J. We have read enough of this to suppress it and to examine it how this came to his hands Mr. Just Jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse then that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two Papers to the Prisoner Mr. Smith Doe's any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. C. J. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe Custody only to secure him till we can examine it not as charged with any Crime but only that he may be forth-Coming to be Examined Mr. Att. Gen. You do not make a direct Answer Mr. Smith in the Case it will be proved upon you Mr. Smith Mr Attorney I know not what Answer to make better then I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be Examined Mr. Smith I come to give no Informations here Mr. Attorney If I did I should be then Examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. C. J. Mr Attorney you will take a Recognizance of Mr. Smith to be forth-Coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you Leave to go to the Prison I did not think you would have abused that Kindness to give him Papers L. C. J. Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. C. J. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I declare I abhor that Expression to be so interpreted that I reflected upon the Court. L. C. J. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town tho I have not spoke one Word in any publick Company since I came Mr. Just Jones It seems
ready to assist Mr. Jones And how much of that Ribband had he pray Mr. Turbervile A very great quantity 40 or 50 Yards Mr. Sol. Gen. Pray Mr. Turbervile will you give your Evidence over again and let Mr. Colledge attend to it Mr. Turbervile When the Parliament sat at Oxon about the middle of the Week I cannot be positive to a day I believe it was either Wednesday or Thursday I Dined with Mr. Colledge Capt. Browne and Don Lewes who was formerly Clerk of Derby House Don Lewes after Dinner went out and Capt. Browne laid him down on the Bed and Mr. Colledge and I fell a talking of the Times and I told him I thought this Parliament would be no Long-Lived Parliament 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 Mr. Turbervile No indeed he did not he himself had a Case of Pistols a Sword and I believe he might have his Armor on Colledge Did I discourse who were to joyn with me Mr. Turbervile No Mr. Colledge you did not name any body to me but Capt. Browne was with you Mr. Att. Gen. Were you Examined in my Lord Stafford's Tryal Mr. Turbervile Yes I was Mr. Att. Gen. Was this Gentleman sworn to your Reputation there Mr. Turbervile No not to mine Colledge 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 Mr. Turbervile 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 sayes Colledge Had they been at Dinner with us there Mr. Turbervile Yes and we had a Legg of boyled Mutton to Dinner Colledge Did you stay after Dinner Mr. Turbervile Yes and I lay with you afterwards upon the Bed Colledge I thought you had said Capt. Browne went to sleep there Mr. Turbervile Yes but he was gone too when we laid down together Colledge 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 Colledge Mr. Turbervile when did you give in this Information against me Mr. Turbervile I gave it to the Grand Jury Colledge Not before Mr. Turbervile Yes I did Colledge When was it Mr. Turbervile Truly I can't well tell I believe it was a day or two before I came to Oxon. Colledge Why did you make it then and not before Mr. Turbervile I 'le tell you the occasion Mr. Dugdale told me the Grand Jury of London would not find the Bill I did admire at it extreamly 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 Warcup came to me and took my Depositions and then I came for Oxford Colledge What was the reason you did not discover this Treason before Mr. Turbervile There was no reason for it it was not necessary Colledge You were not agreed then Mr. 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 Mr. Turbervile And you too Mr. Colledge Mr. Att. Gen. Then call Sir William Jennings Mr. Serjeant Jefferies 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 accompt what he knowes 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 L. Ch. Just. Stay till the Evidence is given and we will hear what you can say at large when you come to summe up your Defence Mr. Serjeant Jefferies 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 Barr. 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 Christmas last after the Parliament at Westminster 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 Rebelion 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 Westminster was of their Opinion and so you would have seen it Mr. Serj. Jeff. What did he say of the Parliament since Mr. Masters He said the Parliament that sate last at Westminster was of the same Opinion that that Parliament was Mr. Serj. Jeff. Pray afterwards what discourse had you about his Colonel-ship Mr. Masters We were talking at Guild-Hall that day the Common-Council was the 13 th of May as near as I remember so I came to him How now Colâ—nel Colledge said I what do you make this bustle for You mistook me and said Cozen how long have you and I been Cozens 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 William 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
said of himself But there is one thing more about an Intelligence When Thompson had written something in his Intelligence concerning Bryan Haynes he said he would write an Answer to it and accordingly he read it to us he said he was going that Evening to get it put into one of the Intelligences the words were to this purpose Whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the dissenting Protestants L. Ch. Just Did he publish that in the Intelligence Mrs. Hall I never read it published but he had writ it and read it to us several times Mr. Attorn Gen. Do you go to Church Mistress Mrs. Hall I hope I do Sir Geo. Jeff. To what Church Coll. Call Mary Richards Mrs. Halls Maid Who stood up L. Ch. Just What will you ask her Coll. Do you know this Bryan Haynes pray Richards Yes he lodged there where I lived Coll. What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thomson in his Intelligence accusing him of having spoken Treason he read what he said he would put into the Intelligence That he never spake one word of Treason and he writ it for his own vindication that whereas Nathaniel Thomson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable Words there was no such thing L. Ch. Just And that was to vindicate him that he never did speak any Treasonable Words Richards Yes L. Ch. Just Will you ask her any thing else Coll. I cannot tell what she says L. Ch. Just She says he writ something that was in Answer to Thomson's Intelligence to vindicate himself that he never did speak any Treasonable Words Coll. But did you hear him say any thing of these words that he was employed in a Plot against the Protestants Richards I read that in what he writ to put in the Intelligence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had a hand in putting the Plot upon the dissenting Protestants and he telling my Mistress he had a Message from the King offering him his Pardon I asked him why he did not accept the King's Pardon Alass said he you do not understand what I was to do for it I was to do such base things so beneath a Man that I will never do them I had five hundred Pounds offered me besides the King's Pardon to do such base things as are beneath a Man to do Coll. What were the base things he said he was to do and would not do Richards I cannot tell he did not say to me what they were Mr. Attorn Gen. When was this Richards It was a Week before he was taken Mr. Attorn Gen. That is two Months ago Coll. It was since the Parliament sat at Oxford But what was that he was employed to do did he say Richards Why he said in his Answer to the Intelligence he was one that had an hand to put the Plot upon the dissenting Protestants Coll. Call Mrs. Wingfield who appeared L. Ch. Just What is your Christian Name Mrs. Wingfield Mary L. Ch. Just What do you ask her Coll. Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Coll. What do you know of him Mrs. Wingfield I know nothing of him but he is an honest Man he married my Daughter and always carried himself like a Gentleman he scorns the thing that is unhandsome and never did any thing that is unhandsome in my life Mr. Serj. Jeff. Pray how came you by this Witness Have you any more of them Coll. I never saw her before but I believe she hath said something else in another place Did you ever say the contrary pray Mrs. Wingfield No body can say so and I had done the Gentleman a great deal of wrong if I had Coll. Call Mr. Whaley Who appeared L. Ch. Just What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Attorn Gen. Where do you dwell Sir Mr. Whaley At the Hermitage beyond the Tower Coll. I don't know you Sir but what do you know of him Mr. Whaley I never saw you Sir till to day but that which I think I am called for is this though it was upon Sunday that I receiv'd this same Subpoena to come down hither but about six Years ago Bryan Haynes was a Prisoner in the King's Bench and he came down to the Cellar which I had taken of the Marshal to sell Drink in and coming down to drink in one of the Rooms of the Cellar that belong to me he took away a Tankard and went up with it One of the Men followed him up so I went to the Marshal to complain and told him of it and the Marshal took him from the Master's Side and put him into the Common Side That is all I know of him any way directly or indirectly L. Ch. Just Why did you not indict him of it Mr. Whaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Master's Side into the Common Side L. Ch. Just He was no good Justice of the Peace in the mean time Coll. Call Mr. John Lun Who appeared Do you know Bryan Haynes Mr. Lun Mr. Lun I have seen him twice the first time I ever saw him was I went into the Derby-Ale-House to enquire for one Miclethwayte a Kinsman of mine and there this Bryan Haynes was in a little Room next the Ditch near the Door that goes out there as if he were asleep and he roused himself up and as I was walking there Sir said he will you take part of a Tankard with me That was his expression With that said I I do not care if I do And the first thing he began was the King's Health then the Queens then the Duke of York's then he fell very foul against the Grand Jury because they had not found the Bill against Colledge who is a Gentleman that I never saw before in my life but once as I know of and he said my Lord Shaftsbury was a little Toad but he would do his business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Money but he would help him to Money enough out of the Phanaticks Estates And he said they would damn their Souls to the Devil before the Catholick Cause should sink Mr. Serj. Holloway When was this Mr. Lun It was three or four days after the Bill was brought in Ignoramus by the Grand Jury Mr. Just Jones Was he alone Mr. Lun Yes he was Coll. Is that all you have to say Mr. Lun One thing more my Lord. On
Conspiracy Mr. Just Jones Because you told him at London first that they were such persons Colledge I never saw Lewes in may days till I saw him that morning I came down from Oxon and Brown I was not acquainted with a fortnight before This is a truth but however they have sworn a Plot upon me at Oxon and then come and prove I declared these were the men and spoke such and such words at London I desire your Lordships Judgment in this matter of Law whether what be done at London can be sufficient matter of proof in Law to maintain an Indictment against me at Oxon And if not they do not prove legally that I have spoken such words Besides I conceive 't is not a good proof because there is but one Witness L. Ch. Justice Yes look you there are two Witnesses Dugdale and Turbervile as to what you said at Oxon and two Witnesses as to what you said at London Haynes and Smith who testifie what you said you would do at Oxon. Now in case you came to Oxon with any such intention that coming to Oxford is an overt-Act and the witnesses that speak what you said in London is Evidence to maintain the Indictment here and to prove what your intention was Colledge Does that become an overt-Act if I go to Oxon upon an honest occasion any other occasion tho' I had said those words before L. Ch. Justice If you came with that intent to joyn with others and with a real purpose to seize the King that is the Overt-Act and the words before prove the intention Mr. Just Jones He declared it himself by his words Colledge Smith says that about a week after Wilcox's dinner I disoursed with him at the Ditch side that comes not within the compass of the Statutes Then there is twice of the 3 times he speaks of the last day I do not remember when it was L. Ch. Justice All was in London that Smith speaks of you Colledge 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 are two Witnesses in Law Colledge My Lord I observe one thing upon Turbervile's 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 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. Ch. Justice 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 L. Ch. Just He said both But the Jury have taken notes of the Evidence and will take notice of it Colledge 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 King's 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. Colledge I dare appeal to Esq 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 could 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 L. Ch. Just You have not offered at any Witness to Impeach Mr. Masters Credit Colledge Mr. Masters discourse he speaks of was in Mr. Charlton's 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 Treaty at Vxbridge 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 fate 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. Ch. Just But they were guilty of a Rebellion and are declared so by Act of Parliament since His Majesty came in Colledge My Lord I am unacquainted with the Law I speak only my 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. Ch. Just And was that the true Interest of the Nation to cut off the King's Head Colledge 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 sayes no upon his Oath that when he had said the Parliament begun the Rebellion and the Parliament did cut off the King's 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. Ch. Just Those were his words Colledge Pray let him be called again L. Ch. Just
Let Mr. Masters stand up again Colledge 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 〈◊〉 War but the Papists Mr Masters 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 their 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 Colledge 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. Masters Look you Mr. Colledge you would have had it the King began the War Colledge 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 apprehend it to be as you now say but I am sure you did not nor could not Mr. Masters 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 Colledge 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 Colledge Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charlton's 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. Jefferies Mr. Masters don't trouble your self your Reputation is not upon the Level with that Gentlemans Colledge 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 King's Head Colledge You did say to me they did cut off the King's 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 Colledge I do say and it was my sence always That the Parliament did not cut off the King's Head for they were long out of doors before that came to pass and a new unhappy War was begun L. Ch. Just 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 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 sence L. Ch. Just You should not have justified such things Mr. Just Jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. Just Levinz 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 King's 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. Serj. Jefferies He did then he tells you Colledge Had I known of it I am sure Mr. Charlton 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 Colledge 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. Ch. Just I tell you the Long Parliaments levying War is declared Rebellion by Act of Parliament Colledge 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. Jefferies You are a mighty learned Gentleman to talk of those points indeed Colledge 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. Ch. Justice 'T is upon the Act of the 13th of this King you speak Colledge Yes My Lord I take
and neither Mr. Attorny nor Mr. Solicitor nor no Body else shall come to them till they be agreed of their Verdict Mr. Just Jones If that be the thing you ask you shall have it according to the Law Colledge And any Friend of mine may be by L. Ch. Justice There shall be an Officer sworn to keep them Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned Proclamation being made for attendance the Court sent to see whether the Jury were agreed who immediately came in to Court Cl. of Cr. Gentlemen are you agreed of your Verdict Om. Yes Cl. of Cr. Who shall say for you Om. Foreman Cl. of Cr. Stephen Colledge Hold up thy hand look upon him you of the Jury How say you is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. Look to him Goaler he is found Guilty of High Treason what Goods c. At which there was a great shout given at which the Court being offended one Person who was observed by the Cryer to be particularly concerned in the shout was Committed to Goal for that Night but the next Morning having received a publick reproof was discharged without Fees Then it being about 3 a Clock in the morning the Court adjourned to 10. At which hour the Court being sate and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of Kings-Bench L. Ch. Justice Where is the Prisoner Stephen Colledge Cl. of Cr. Set up Stephen Colledge Then the Prisoner was brought to the Bar. Cl. of Cr. Hearken to the Court and hold up thy hand Thou hast been Indicted and Arraigned of High Treason and for thy Tryal hast put thy self upon thy Country and they have found thee Guilty what canst thou say for thy self why the Court should not give Judgment on thee to dye according to the Law Colledge My Lord I have nothing more to offer but only that I am innocent of what is laid to my charge I think it was severe against me now contrary to what was sworn at London They swear now I was to seize the King at Oxon. In London they swore I would pluck the King out of Whitehall but 't is altered since and now 't is to seize the King at Oxon but be it either one or to'ther for the one is as true as the other I am wholly innocent of either I never had such a thought in my Life God forgive them that have sworn against me I have no more to say my Lord. L. Ch. Justice Look you Mr. Colledge it is too late to profess your innocence you have been tryed and found Guilty but because you say it now 't is necessary for me to say something in vindication of the Verdict which I think the Court were all very well satisfied with There were sufficient proofs to warrant it and the Jury did according to Justice and right I thought it was a Case that as you made your own defence small proof would serve the turn to make any one believe you Guilty For as you would defend your self by pretending to be a Protestant It is wonder I must confess when you called so many Witnesses to your Religion and Reputation that none of them gave an account that they saw you receive the Sacrament within these many years or any of them particularly had seen you at Church in many years or what kind of Protestant you were If we look to your Words and Actions it is true they did prove this that you were mighty violent and zealous in crying out against Popery and the Papists but if we look to your Actions they favoured rather to promote the Papists ends For I must tell you the Papists are best extirpated and suppressed by a steady Prosecution of the Laws against them not by violent cryings out and putting the People into fervent heats and confusions for that is the thing the Papists aim at they have no hopes any other way to creep into the Kingdome but by Confusion and after the Church is destroyed that is under God the best Bulwark against them But you that cryed so loud against the Papists it was proved here who you called Papists You had the boldness to say that the King was a Papist the Bishops were Papists and the the Church of England were Papists If these be the Papists you cry out against what a kind of Protestant you are I know not I am sure you can be no good one But truly I thought you would have made better proof of that thing when you called so many witnesses to that purpose and then if we look to your Politicks what Opinion you had of the King it was proved by your discourse and by witnesses that you could have no Exception to their Testimony that you did justify the late horrid Rebellion and the Consequents of that was the murder of the best King in the World that you should go to justify the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justify such a thing if there were the same Circumstances would do the same thing again Then if we look upon another part of your defence as to your Arms it was objected you went armed to Oxon and that was made the Evidence of the Overt Act when you said by words your intentions what you would do that you would make one to seize the King that you did go armed you did confess I expected you should have said you only wore those things for your own defence upon the Road as a Gentleman travelling or went with your Friends to accompany them out of Town and defend them from Robbery but you said you went to Guard the Parliament I did not understand what you meant by it I do not believe the Parliament sent for any Guard or intended to have any Guard I do not believe that any of them in their Hearts thought they needed a Guard for I believe there was not a man that had any thing that looked like that or any thing of that nature For we saw that when the King by the necessity of his Affairs when the two Houses differed so much was pleased to dismiss them they all departed quietly not a man was seen to be disturbed there was no appearance of any such thing and how it should come into your head that were but a private man to go to guard the Parliament I much wonder Suppose all men of your condition should have gon to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might have been on a sudden And though you say you are no man of quality nor likely to be able to do any thing upon the Kings guards or the Kings Person yet if all of your quality had gon upon the same design that you did what ill Consequences might have been of it we see what has been done by Massianello a mean Man in another Country what by Wat Tyler and Jack Straw in this Kingdom I confess I know not what you meant by it but very ill things might have happened upon it So that these things when I look upon them and consider the complexion of your defence it makes an easie proof have credit But I think there was a full Proof in your case yet I say if there had been a great deal less proof the Jury might with Justice have found you Guilty And because you now declare your self innocent of all you are charged with I think my self bound to declare here in Vindication of the Country and in vindication of the Justice of the Court that it was a Verdict well given and to the satisfaction of the Court and I did not find my brothers did dislike it This I say to you out of Charity that you may incline your mind to a submission to the Justice that has overtaken you and that you may enter into Charity with all men and prepare your self for another Life There is nothing now remaining but to pronounce the Sentence which the Law provides for such an Offence which is this and the Court does award That you Stephen Colledge shall be carried from hence to the Place from whence you came and from thence you shall be drawn on an Hurdle to the Place of Execution where you shall be hanged up by the Neck and be cut down alive your Privy Members shall be cut off and your Bowels taken out and burnt before your Face your Head shall be cut off from your Body your Body be divided into four Quarters which are to be at the Kings dispose and the Lord have Mercy upon your Soul Colledge Amen My Lord I would know what time your Lordship is pleased to appoint for my Preparation L. Ch. Justice That will depend upon the Kings pleasure we do not use in these cases of high Treason to precipitate the Execution but we will leave such Order with the Sheriff to receive the Kings pleasure and obey it He will not do it so sudden but that you shall have Notice to prepare your self but it depends upon the Kings pleasure for your Body is to be at his dispose Then the Court adjourned And on Wednesday 31. of Aug. 1681. Being the Day appointed by His Majesty for his Execution he was according to Sentence Executed over against the Gate of the Castle at Oxford FINIS