nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
hope a Turn-coat Rogue He was for the Plot whilst he was a puisne Judge but now he is Chief Justice he is the greatest Rogue in the world He is like one of the Pensioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some persons of Honour believe that I was a person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like the Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of Twelve men will hang us by the Neck and so I should perish whilst others triumphed and only be a martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the world for he makes you slaves and beggars and would make all the world so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serj. jeff. Mr. Colledge if you will ask him any Questions you may Coll. Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serj. jeff. He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Coll. Where was this discourse about superceding your Warrant Haynes At London Coll. When Haynes It was before the Parliament sate at Oxon. Coll. How long Haynes I can't tell positively to an hour or a day Coll. What month as near as you can Haynes It was in the month of March. Coll. Had you ever seen me before Haynes Can you deny that Coll. I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government L. c. j. Were you an intimate acquaintance of his before March last Haynes No intimate acquaintance Coll. Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple-Bar and he set me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him yonder is such a man at such a place now you may seize upon him Coll. What man was that Haynes One Richard Ponre Coll. He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the night before and Captain Browne and they gave us a Signal a blue Ribband to distinguish that we were Protestants from the Bishops men L. c. j. When were you to make use of it Haynes When the King was seized Mr. Ser. Jeff. Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your cracks and brags now you see the King hath made a fool of you now you know not what you would have done Says he what would you have us do We have not done with him yet For said he no servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords-House and there was a man came in with a Gown under his arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz-Gerald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Coll. Hold Sir I desire to ask him some questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 't is not the first time I have been examined I know how to speak as well as you Coll. Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a copy of which was carried to that Noble-man And you came from him and returned me his thanks and told me it was the best service I could do him I would not trouble the Court with circumstantial things and you cold me I should be gratified not only in my own property but a reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz-Gerald Mr. Att. Gen. Is it to this matter Haynes No nothing at all L. c. j. Let him ask any questions what he will Coll. I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his corporal Oath that I was as well acquainted with him as any one in the World Coll. Pray answer me Sir When was the first time I talked to you Haynes The first intimate acquaintance we had was when you put me upon the design about Fitz-Gerald Colledge Pray Sir you go too fast already as you are still gallopping where was this discourse about his Majesty Haynes I told you before Coll. What was it Haynes I went to you after the Affidavit was made and told you there was a Warrant out after me and desired you to go to That Noble-man and desire his advice what I might do or whether I might supersede the Warrant You told me you could do nothing without advice and you would go and advise with That Noble-man Colledge My Lord here is Mr. Turbervile
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
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
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
Colledge Do you know Bryan Haynes pray Richards Yes he lodged there where I lived Colledge What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thompson 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 Thompson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable words there was no such thing L. c. j. And that was to vindicate him that he never did speak any Treasonable words Richards Yes L. c. j. Will you ask her any thing else Colledge I cannot tell what she says L. c. j. She says he writ something that was in answer to Thompsons 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 Intellgence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had an 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 Kings 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 Kings 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. Att. Gen. When was this Richards It was a week before he was taken Mr. Att. 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. c. j. What is your Christian Name Mrs. Wingfield Mary L. c. j. What do you ask her Colledge Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Colledge 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. Ser 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. c. j. What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Att. 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. VVhaley 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 Kings 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 Masters 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. VVhaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Masters side into the common side L. c. j. 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 Kings Health then the Queens then the Duke of Yorks 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 raised upon the Parliament and said they were a Company of Rogues they would giue the King no mony but he would help him to mony 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 Colledge Is that all you have to say Mr. Lun One thing more my Lord. On monday last I was at Uxbridge and a Gentleman sent his man on purpose to let me know I must go to Colebrook and stay till they came thither When I came there I met Bryan Haynes at the Crown Kitchin-window and he was stirring a Glass of Brandy and sweetning it with Sugar Said he Sir will you drink Here is the Kings Health to you So I drank and I asked him how he did Do you know me Sir said he Yes said I I drank with you once Says he you have a good memory So then a pint of Sack was called for and after that another and then came down Mrs. Peacock and being very fine all in her flower'd Silks I asked what Gentlewoman that was Said he it is Mrs. Fitz-Harris No says I it is not they say she is gone But said he it is her maid and Sheriff Bethel is to marry her As I have a Soul to save I tell you nothing but what is truth Thereupon said I Sheriff Bethel is able to maintain her he hath
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
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 Coll. 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 againste me now contrary to what was sworn at London They swear now I was to seize the King at Oxford 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 Oxford but be it either one or t'other 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. c. j. 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 savoured 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 crying 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 Kingdom 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 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 manny 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 consequences of that was the murder of the best King in the world that you should go to justifie the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justifie 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 for 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 â—nto 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 gone to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might there 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 gone 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 Countrey 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 hapned 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 Countrey 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 Lo. ch just That will depend upon the King's 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 King's 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 King's pleasure for your body is to be at his dispose Then the Court adjourned And on Wednesday the 31. of August 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