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
I Do appoint THOMAS BASSET and JOHN FISH to Print the Arraignment Tryal and Condemnation of STEPHEN COLLEDGE and that no others presume to Print the same Fr. North. THE ARRAIGNMENT TRYAL AND CONDEMNATION OF Stephen Colledge FOR HIGH-TREASON IN Conspiring the Death of the KING the Levying of WAR and the Subversion of the GOVERNMENT Before the Right Honourable Sr. Francis North Lord Chief Justice of the Court of Common-Pleas and other Commissioners of Oyer and Terminer and Gaol Delivery held at the City of Oxon for the County of Oxon the 17th and 18th of August 1681. LONDON Printed for Thomas Basset at the George in Fleetstreet and John Fish near the Golden Tun in the Strand 1681. To the King 's Most Excellent Majesty The humble Petition of Stephen Colledge now Prisoner in Your Majesty's Tower of London Most humbly sheweth THat whereas Your Petitioner being charged with High-Treason is under strait Confinement that he hath not liberty to see or speak with any of his Friends or his Children and being lately informed that it is ordered Your Petitioner shall come to his Tryal at the City of Oxon about the middle of the next Month. Your Petitioner therefore most humbly prayes Your Sacred Majesty That leave may be given for Mr. Thomas Smith and Mr. Robert West to come to him and also to have the use of Pen Ink and Paper in order only to make his Legal and just Defence and also to have the Comfort of seeing his two Children And your Petitioner as in duty bound shall ever pray c. A true Copy Francis Gwyn At Hampton-Court JULY 28. 1681. UPon Reading this Day at the Board the Petition of Stephen Colledge Prisoner in the Tower praying that in order to the making his Defence at his Tryal which he hears is to be the middle of the next Month he may be permitted to see his two Children to have the Liberty of Pen Ink and Paper and that Mr. Thomas Smith and Mr. Robert West may come to him His Majesty was pleased to Order That the Lieutenant of the said Tower of London do permit the said Stephen Colledge to have Pen Ink and Paper and to see his two Children and the said Dr. Thomas Smith and Mr. Robert West and to Converse with them as often as he shall desire in the presence and hearing of the Wardour who attends him A true Copy Francis Gwyn To the King 's Most Excellent Majesty and to the Right Honourable the Lords and others of His Majesties Most Honourable Privy Council The humble Petition of Stephen Colledge now a Prisoner in the Tower of London Humbly sheweth THat Your Petitioner having been a close Prisoner ever since his first Commitment is altogether ignorant of the particular matters charged against him and of the Names of the Witnesses who are to prove the same upon his knowledge of both which as well the nature as the manner of his Defence must depend and because upon the consideration of his Case several Matters of Law may arise as well before as at the Time of his Tryal in which Councel will be necessary to assist him and several Matters of Fact preparatory to his Tryal with which under his Confinement he cannot be furnisht without the help of a Sollicitor and he is like to be wholly uncapable of receiving any benefit from the priviledge allowed by Law of peremptory Challenge to several Jurors especially in a Countrey where he is absolutely a stranger unless he may have some knowledge of them before his Tryal In full assurance therefore of the great Justice and Clemency of Your Majesty and this Honourable Board which he hath lately had some experience of and doth with all humility and thankfulness acknowledge Your Petitioner doth humbly beseech Your Majesty and this Honourable Board that he may have a Copy of the Indictment against him or the particular Charges of it That his Councel and Sollicitor may have free access to and private Conference with him and because their own private affairs or other accidents may call away some of his Councel from his assistance that Mr. Wallop Mr. Smith Mr. Thompson Mr. Darnell Mr. West of the Middle Temple Mr. Holles of Lincolns-Inn Mr. Rotherham Mr. Lovell Mr. Rowny of Grayes-Inn Mr. Pollexfin Mr. Ward of the Inner Temple may be assigned him for Councel and Aaron Smith for his Sollicitor and that he may have a Copy of the Jurors to be returned upon his Tryal some dayes before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton-Court AUG 11. 1681. IT is Ordered by His Majesty in Council That the Friends and Relations of Stephen Colledge a Prisoner in the Tower shall have Liberty of Visiting and freely Conversing with him and the Lieutenant of the Tower having first caused their Names to be taken in Writing is to suffer such Friends and Relations to have Access to the said Stephen Colledge without any Interruption from time to time accordingly A true Copy Francis Gwyn THE TRYAL OF Stephen Colledge c. Present the Lord Norreys Lord Chief Justice North. Mr. Justice Jones Mr. Justice Raymund Mr. Justice Levyns On Wednesday the 17 th of August 1681. the Judges and Commissioners of Oyer and Terminer and Gaol-Delivery met at the Court-House in the City of Oxford and after Proclamation for Silence the Commission of Gaol-Delivery was Read and then the Commission of Oyer and Terminer Proclamation was made for the Sheriff to return the Precepts to him directed The Justices of the Peace of the County of Oxford were called over and the Appearance of the Grand Jury summoned to attend this Commission was taken L. Ch. Just North. GEntlemen You that are returned of the Grand Inquest there has been a Sessions so lately that in all probability there will be no great matter to trouble you with at this time And so I shall not trouble my self nor you to give you any Charge because we know of no business yet that we shall need you for The Court hath recorded your Appearance You will do well to be in the way either in the Town or here about the Court that you may be ready if any thing should happen 'T is necessary for us to have your attendance but we know not of any thing that we have in particular to trouble you with We have an Indictment before us let us proceed upon that Cl. of the Crown Gaoler have you your Prisoner Gaoler We will fetch him presently Then the Prisoner was brought to the Bar. Cl. of Cr. Stephen Colledge hold up thy hand Which he did Thou art here Indicted by the Name of Stephen Colledge late of Oxford in the County of Oxford Carpenter For that thou as a false Traytor against the most Illustrious most Serene and most Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. thy Supreme and
kind to me as to help me in order to my Defence I hope you will not be against it Pray my Lord let me have my Papers L. C. J. You shall have them but they shall be put into such Hands as the Court may have command over they shall be in the Sheriffes Sons Hands and you shall have the immediate Use of them Colledge If there be any thing else in those Papers necessary for my Defence I pray I may have it L. C. J. The Speech is not fit for you what other Papers would you have Colledge Another Paper there is that is something of Law Mr. Just Jones Nothing but libellous and what is a Scandal to the Government Mr. Att. Gen. You are to have nothing of matter of Law but what you are to propose your self Colledge If you take away all my helps I cannot propose any thing Mr. Serj. Jefferies To allow you those papers is to allow you Counsel by a side Wind. L. C. J. Look you the papers of instructions shall be delivered to the Sheriff's Son who shall let you peruse it in this interval and make use of it in your Tryal but it must be in safe custody to be used upon further occasion as the Kings Attorney shall think fit Then the Court adjorn'd till 2 in the afternoon Post meridiem At 2 a clock the Court returned and Proclamation was made for attendance and for the Vnder-Sheriff to return his Jury Colledge My Lord ought not I to have a Copy of this Jury L. C. J. No they are to look upon you as they come to be sworn and then you are to challeng them Cl. of Cr. Stephen Colledge hold up thy Hand and hearken to the Court those good men that you shall hear called and personally appear are to pass c. Colledge Pray Sr. let the way be clear that I may see them Cl. of Cr. Ay Ay. Colledge Pray Sr. how many are there of the Jury that appear Mr. Att. Gen. There are enough Cl. of Cr. Make Proclamation for Information which was done Cl. of Cr. Henry Standard who was Sworn Richard Croke who was challenged by the Prisoner William Bigg challenged Mr. Just Jones Do you challenge him Peremptorily or with Cause L. C. J. If he do not shew Cause it must be supposed it is Peremptory Colledge I suppose he was upon the Grand-Jury L. C. J. That would be a Chalenge with Cause Mr. Bigg No I was not Colledge Then I do not challenge him I know him not he was Sworn Cl. of Cr. Thomas Marsh challenged Thomas Martin did not appear Gabriel Merry being almost a hundred years of Age was excused Robert Bird Sworn John Shorter Sworn William Windlow Sworne Edward Aryes Challenged William Ayres Challenged and Richard Ayres Challenged Charles Hobbs Sworn Roger Browne Sworn Timothy Doyley Sworn Richard Dutton Challenged Ralph Wallis Sworn John Nash Challenged John Benson Sworn John Peircy Sworn William Webb Challenged and John Lawrence Sworn Then they were counted and their Names in Order thus Henry Standard William Bigg Robert Bird. John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph Wallis John Benson John Peircy John Lawrence L. C. J. Mr. Sheriffe there are a great many of the Jury that are not Sworn they are discharged let them go out of the Court and so you will make Room for the Witnesses Cl. of Cr. Gentlemen you of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of Stephen Colledge late of Oxford in the County of Oxford Carpenter for that he as a false Traytor c. Proved in the Indictment Mutatis Mutandis and upon this Indictment he hath been Arraigned c. Mr. North. May it please your Lordship and you Gentlemen that are Sworn this is an Indictment against Stephen Colledge the Prisoner at the Bar for an Endeavour to raise a Rebellion within this Kingdom wherein he is accused and the Jury find that he as a false Traitor against the Kings Majesty contrary to the duty or his Allegiance on the 10 th of March in the 33 d. year of the Kings Reign at Oxon here did trayterously Conspire and Compass the Death of the King and the Subversion of the Government and to raise a Rebellion in the Kingdom and to slaughter his Majesties Subjects to put the King to Death to Levy War against him and to deprive him of his Royal State and Government and to alter the Government at his own Will and Pleasure and to accomplish this he did at Oxon here prepare Arms for the carrying on the War and excited one Edward Turbervile and others to arm themselves against the accomplishment of this Design and did declare his purpose was to Seize the Kings Person at Oxon and that he was one of those that was to do it and to bring the said Turbervile and other Subjects to his purpose did Falsly Malitiously and Trayterously declare in their Hearing that there was no good to be expected from the King that he minded nothing but the Destruction of his People and Arbitrary Government and to introduce Popery And this is laid to be against the Duty of his Allegiance against the Kings Peace and against the form of the Statutes in those Cases made and provided The Prisoner you hear upon his Arraignment hath pleaded Not Guilty which Issue you are to try and if the Evidence for the King which are ready to be produced prove that which is laid to his Charge you are to find it accordingly Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar stands Indicted of a very high Crime no less then High Treason and that too of the deepest Dye it is for an Endeavour to destroy the King to subvert the Government to raise a Rebellion amongst the Kings Subjects And Gentlemen those Instances that we shall give you and produce our Evidence to for the Proof of that are these He laid his Design to Seize the King at Oxon and he did not want his Accomplices to do it but they were not Men Gentlemen that were Protestants but Men that were Rebels in the late War they were men of such a Kidney that he associated himself with and these were the Persons that were to assist in this Attempt In order to this he had prepared Arms in an extraordinary manner Arms of a great Value for one of his Condition who is by Trade a Joyner for if a true Estimate were taken of the Value of the Arms I believe they were worth twice his whole Estate he prepared a good Horse extraordinary Pistols a Carbine a Coat of Maile an Head Piece and so being armed Cap a-Pee with that Design he came hither to Oxon. And you will judge whether these be fit Tools for a Joyner Colledge I beseech you Sr. have you any body to prove this If you have not you do hurt to the Jury as well as me
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 Warcupp I shewed it him who bid me give it him and so I did The next thing that I did see Mr. Colledge do was in the Coffee-house not the same day but another time I saw him bring in a parcel of blew Ribband which was wrought and these words eight times wrought in it twice wrought in every Quarter of a Yard No Popery No Slavery I saw him sell to a Member of Parliament as I took him to be a yard of that Ribband for 2 s. and truly I was thinking he would ask me to buy some too and I saw that Gentleman I took him to be a Parliament man take this Ribband and tye it upon his Sword As to the other thing I have to say of Mr. Colledge That very day the Parliament was Dissolved he had been in a Quarrel as he told me with Mr. Fitz Girald and I was standing in the Schoole-house Yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Mr. Fitz Girald had spit in his face and said he I spit in his face again so we went to Loggerheads together I think that was the word or fifty Cuffs So said I Mr. Colledge your Nose bleeds he takes his handkerchief out of his Pocket and wipes his Nose and said I have lost the first blood in the Cause but it will not be long before more be lost L. C. Just Where was this Sir William Jennings In the Schoole-house Yard at Oxon. I never discoursed with him afterwards till I met him at London in Fleet-Street one Sunday in the Afternoon and I remember Captain Crescett was along with me And when he came up to me How now said I honest Joyner Sayes he You call me honest Joyner some call me Rogue and Rascal and I have been beating some of them So that I believe they will be aware of it So I told Captain Crescett I never met this man but he was always in a Quarrel Colledge Was it on a Sunday that I told you I had been beating of some body Sir William Jennings You told me so Captain Crescett was by Colledge I do remember I met you but I did not tell you I had been then beating any one But pray Sir William when I met you after the Parliament was Dissolved and Fitz Girald and I had quarrel'd did I say That I had lost the first blood in the Cause but it would not be long e're more were lost Sir William you are a Gentleman as for the other men they don't care what they say nor do I so much regard them but you value your Word and Honour These were my words and pray will you recollect your self before you be positive in the thing whether I did not say I have lost the first blood for the Parliament for it was upon my vindicating of the Commons and Doctor Oates whom Fitz Girald had abused and upon that the Quarrel began so I said when you met me and told me my Nose bled I have lost the first blood for the Parliament I wish it may be the last Sir William Jennings Mr. Colledge If you please I will answer you as to that I do assure you t is the first time that ever I came upon this occasion in my days and I have declared it before and do declare it now I would rather have served the King in 3 Ingagements then come in against you or any man upon such an Occasion But I declare to you upon the whole memory of the truth the words were as I spoke them at first and no Parliament named or mentioned And my Lord moreover I will tell you When I did tell this story because Mr. Crescett that is here is able to tell you whether I did not relate the words within half an hour or a little time after Now I never had a prejudice against you in my days nor other Concern but having told Mr. Justice Warcupp this Story I am brought hither to testifie it Colledge Sir William I am very sorry you did not better observe and remember my words then Sir William Jennings I must needs say I could not imagine what the words meant when they were spoken nor do I understand them to this day but soon after they were spoken I related them to Justice Warcupp he being a Justice of Peace Mr. Serj. Holloway Gentlemen we shall rest here and conclude our Evidence for the King at present to hear what the Prisoner says to it only with my Lords leave I shall explain the words to you that are in the Indictment and tell you what is meant by Compassing and Imagining the Death of the King The Seizing the Person of the King is in Law a Compassing and Intending his Death and so it hath been adjudged in several Cases as in 1 Jacobi my Lord Cobham and my Lord Greys Case and several other Cases and so you may fully apprehend what the Charge is and may understand the words in the Indictment That if you are not satisfied with the general words of Compassing the King's Death you may know that the Seizing his Person extends to it Mr. Serj. Jefferies My Lord we have done with our Evidence now let him go on with his L. Chief Justice Now Mr. Colledge you may say what you will for your defence and call your Witnesses that you have to produce Colledge My Lord I have heard this Evidence that is against me and I would desire your Lordship to resolve me some Questions upon it I think the Indictment is for Treasonable Practices for a Conspiracy now I desire your Lordship will be pleased that I may know from you and the Court whether in all this Evidence given in proof against me a Conspiracy is proved or if any thing appears besides what they say I said L. Chief Justice For a Conspiracy in you If the Witnesses speak Truth there is a plain proof and of the degrees of it First of all By your publishing Libels and Pictures to make the King Odious and Contemptible in the Eyes of the People and that you should be the Author of some of those Pictures and they were found in your Custody Colledge I conceive that is not proved L. Chief Justice If the
Witnesses say true it is proved Colledge They do not produce that they do but say it L. Chief Justice Mr. Dugdale Swears That at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your Custody Then that you prepared Armes that you shew'd Smith the Arms in your House and having those Arms you said You would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I Observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say If these Witnesses speak true 't is a strong Evidence against you both upon the Statute of the 25 Edw. the 3 d. and that of this King too For my Brother Holloway told you true That whereas the Imagining the Death of the King is High Treason by the 25 of Edw. the 3 d. so a Seizing of the King and an endeavor to do that is a constructive Intention of the Death of the King for Kings are never Prisoners but in order to their Death And therefore it hath been held in all times that by the Statute of Edw. 3 d. that was Treason but then the Statute of this King in the 13 Year of his Reign is more strong for there it says If any man shall by any words or malitious speaking shew the Imagination of his Heart that he hath any such Intention that is Treason too Colledge My Lord the Foundation of this Indictment is said to be laid here in Oxford as I suppose pray my Lord here is only Mr. Dugdale and Turbervile that Swear against me for what I should say in Oxon all the rest speak to things said and done at London Now my Lord I desire to know whether they have proved any Treasonable Practices Conspiracy or Design in me against the Government I would feign know that whether there be matter here to ground an Indictment upon for the one says in one place the other in the other which may be distinct matters and none of them Swear Facts against me but only Words Mr. Justice Jones Yes providing Arms for your self and offering others Arms. Colledge That I shall make this Answer to I had only a Case of Pistols and a Sword which every Footman and Horseman had that came from London I think But further my Lord I would ask your Lordship whether there ought not to be two Witnesses distinct to Swear words at one and the same time Mr. Justice Jones No No the Resolution of the Judges in my Lord Stafford's Case is contrary L. Chief Justice Look you It hath been often Resolved That if there be one Witness that proves one Fact which is an Evidence of Treason and another proves another Fact that is an Evidence of the same Treason tho' they be but single Witnesses to several Facts yet they are two Witnesses to an Indictment of Treason that hath been often publickly Resolved particularly in the Case of my Lord Stafford mentioned by my Brother And I 'le tell you my Opinion further If there be one Witness that proves here what you said at Oxford and another that proves what was said in London if they be in order to the same Treason it is sufficient for if you do Conspire to commit such a Treason in London and you come with such an Imagination in your Heart to Oxford to compleat this Treason tho' your design was not first formed there I think 't is enough to maintain an Indictment of Treason and they are two good Witnesses tho' but one speak to what was done at Oxford but I must tell you in your Case there are two full Witnesses to that which was done at Oxford besides Sir William Jennings Colledge That which Sir William Jennings speaks of I told you before what it was I said It was the first Blood that was shed for the Parliament Mr. Just Jones The Parliament was Dissolved before that which Sir William Jennings speaks of therefore you could not say it was to defend the Parliament Colledge Mr. Dugdale did say that I spake such and such words in the Barber's Shop in the Angel Inne there I was indeed at the time that he does speak of and the Barber was by I do think indeed it were convenient to have him here but I knew not where he would charge me or what it was he would charge me with because I never said any thing in my Life that was like Treason Lord Ch. Just Mr. Colledge call any Witnesses you will Colledge But my Lord pray let me ask you one Question more You take these words distinct from any matter of fact don't you L. Ch. Just. No complicated with the Fact which was the Overt-Act the coming to Oxon. with Pistols to make one if there had been any disturbance and to Seize the King Colledge Then my Lord I would ask you Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which I am now Indicted and which was given in Evidence before the Grand Jury upon which the Tryal was there grounded Lord Ch. Just. Any Act of Treason that is of the same kind And I 'le tell you That was Resolved in Sir Vane's Case those that gave you that Paper understand it But I speak now to your Capacity and to satisfie your Question He was Indicted for Levying Warr against the King he Conspired in Westminster the War was Levyed in another County the Conspiracy upon the Tryal was proved in the County of Middlesex and the Warr in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a Warr really Levyed but God be thanked here is only bare words Mr. Just Jones Yes Actions too Colledge What Actions my Lord Mr. Just Jones Arming your self and coming to Oxford Lord Ch. Just Well I have told you my Opinion My Brothers will speak theirs if they think otherwise Mr. Just Jones That is not your Case neither tho I am of the same Opinion with my Lord for here are two Witnesses have proved plain matter of Fact at Oxford the providing Arms your self and encouraging others to take Arms Colledge They name no Persons Mr. Just Jones You will have my Opinion and yet you will give me no leave to speak I had patience to hear you You are told there are two Witnesses Turbervile and Dugdale that prove your providing and having of Arms at Oxon. and perswading others to take Arms particularly Turbervile He told you he had no Arms or but a Case of Pistols and he had no Horse but you told him you would provide him an Horse And then there are two other Witnesses Smith and Bryan Haynes
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
the 10 th time that they have been at this Game how many Shams have they endeavoured to raise Mr. Att. Gen. Who do you mean by they Colledge The Papists Mr. Att. Gen. There is nothing of Popery in the Case they are all Protestants Mr. Just Jones They are all Persons that have lately receiv'd the Sacrament Colledge They were all Papists and I believe are so still for Mr. Dugdale did justifie to me the Church of Rome in several things And when I told him that they were all Knaves and Fools that were of that Religion he told me that many of their Priests were holy good men Mr. Just Jones Have you proved that Colledge I can't prove it it was betwixt him and me my Lord. Mr. Just Jones Then I hope you have done Colledge If I had sworn against him he had stood in my place L. Ch. Just Have you done Mr. Colledge Colledge My Lord I only desire the Jury to take all into their serious Consideration I expect a storm of Thunder from the learned Counsel to fall upon me who have liberty to speak and being learned in the Law understand these things better than I who must defend my self without Counsel I know not whether it be the practice in any Nation but certainly 't is hard measure that I being illiterate and ignorant in the Law must stand here all day they being many and taking all advantages against me and I a single person and not able to use one means or another either of writing or speaking But Gentlemen I do declare and protest as I shall answer it at the day of Judgement that as to what these people have sworn against me either as to words or as to any manner of Treason against the King the Government the Laws established I take God to witness I am as innocent as any person upon Earth And therefore I must beseech you be not frightened nor flattered do according to your Judgements and your Consciences you are to be my Judges both in Law and Fact you are to acquit me or to condemn me and my Bloud will be required at your hands And whatsoever is said to you by others you are my true Judges you must give an account of the Verdict you give and therefore you must see that you do Justice as you will answer it at another Bar where you must all certainly appear and the Lord Almighty direct you that you do me true Justice and I ask no more Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury Here hath been a great deal of time spent and truly I think for no other Reason but to divert you from the matter that is before you and that you might forget the Evidence that hath been given And therefore I will briefly repeat it to you that I may refresh your memories about what hath been sworn Gentlemen the Crime charged upon Mr. Colledge is High Treason in imagining and compassing the death of the King the proof of that hath been by a Conspiracy to seize the King here at Oxon which Conspiracy he declared he was in by shewing Arms prepared for that purpose and by coming down to Oxon with that intent this is the proof of his design to kill the King Colledge Is the Conspiracy proved of that Mr. Solicitor L. Ch. Just Mr. Colledge We have had a great deal of patience with you you have spent a great deal of time you must contain your self now and let them go on Colledge Do not let him do me wrong my Lord. Mr. Sol. Gen. I will do you no wrong Mr. Colledge Colledge Sir there is no Conspiracy proved L. Ch. Just Look you Mr. Colledge you have taken up a great deal of time and we have had much patience because we consider your condition and had rather hear too much than be hard upon you and because the Evidence was long and difficult to repeat now we have heard you you must have patience to hear what the Kings Counsel repeat and observe upon it Mr. Sol. Gen. As I was saying the fact that is charged upon him is a design to kill the King the manifestation of that design is by preparing Arms to that purpose and by coming down to Oxon to seize the King here and that this was his manifest intent to seize the King the proof of it hath been by Witnesses that I think by and by you will have no Objections against These Witnesses were Dugdale Turbervile Smith and Haynes these are the most material Witnesses to the Treason there are two other Witnesses indeed but they are to other circumstantial matters that I will take notice of to you by and by and make my observations upon them in their proper place Mr. Dugdale was the first Witness that was produced and his Evidence is very full he proves that Mr. Colledge declared to him at the Coffee-house here that he was come down with an intent to seize the King that he had an expectation some thing would be done that he was Armed and that he did advise Mr. Dugdale to be Armed too for he was provided for the rooting out of Popery which he explained himself what he meant by it that was the Church of England and the King and all his Adherents He came hither Armed for that purpose Gentlemen and did advise Mr. Dugdale to Arm himself too that he did declare to him the King was a Papist and all his Family were Papists he was as deep in the Plot and as Guilty of the Murder of Sir Edmond-bury Godfrey as any body else This was what he declared to Dugdale here and this he swore to you when he gave his Evidence The next Witness is Mr. Turbervile and he is positive to the matter that is laid in the Indictment and swears to you expresly that he did declare to him at the Chequer-Inn that they came down here in expectation of some sport that something would be done that they did expect the King would begin with them but if they did not they would begin with him and they would secure him till they had brought him to Complyance He shewed him his Arms that he was ready to ingage in that design and advised Turbervile to be ready too And the rather than Turbervile should not be ready he offered to procure him an Horse Colledge Every man had the same Armes that I had and I had had them long before that time Mr. Sol. Gen. But every one had them not with the same intent but Gentlemen because Mr. Colledge interrupts me with an Objection I will take notice of it now by the way He says those Armes he had before and therefore they were not provided for this purpose Gentlemen we do not pretend to prove when this Trayterous intent first began and how long this design hath been hatching but such a design there was and such a design he manifested to be in himself when he made the Declaration to Turbervile and
came to London the 27th These are Circumstances Gentlemen that you must weigh and you may bring the North and the South together as soon as their two Testimonies they are so far asunder Besides Gentlemen I hope you take notice of a person that was sworn a person of some quality a Scholar in the University here that says Balron though he denied it did shew him one of these Pictures and did discover they were Mr. Colledges and Balron himself his own Witness tells you that he did acknowledge one of those Pictures was his It appears then how busie he was and concerned himself in what belonged not to his Profession So that upon the whole matter after this long Evidence that hath been given I must wholly appeal to your Lordship and the Jury as to the Law to your Lordship and the Court and as to the Fact to the Jury for I do not desire any sort of Evidence should be strained against a Prisoner at the Bar who is there to be tryed for his Life God forbid if he be Innocent but he should be acquitted but on the other side consider the Murder of that great King of ever blessed memory is before you and remember that base reflection which the Witnesses tell you of upon that horrid Action and as a great Evidence remember that seeming Vindication of it at the Bar which certainly no English man no Protestant according to the Church of England can hear without having his Bloud stirred in him And these things are not only testified by Dugdale and Smith but by Gentlemen of known reputation and quality and he hath a little discover'd himself by that defence he hath made against their Testimony But know Gentlemen that the King is concerned your Religion is concerned that Plot that is so much agreed to by all Pretestants is concerned for if Dugdale Smith and Turbervile be not to be believed you trip up the heels of all the Evidence and discovery of that Plot. Then I will conclude to you Gentlemen and appeal to your Consciences for according to the Oath that has been given to you you are bound in your Consciences to go according to your Evidence and are neither to be inveigled by us beyond our proof nor to be guided by your Commiseration to the Prisoner at the Bar against the proof for as God will call you to an account if you do an injury to him so will the same God call you to account if you do it to your King to your Religion and to your own Souls L. Ch. Justice Gentlemen I shall detain you but a little and shall be as short as I can for your patience has been much exercised already It is a burden and a necessary one that lies upon us all for there is nothing more necessary than that such Tryals as these should be intire and publick intire for the dispatch of them and publick for the satisfaction of the World that it may appear no man receives his Condemnation without Evidence and that no man is acquitted against Evidence Gentlemen there are these two Considerations in all Cases of this nature the one is the force of the Evidence the other is the truth of the Evidence As to the force of the Evidence that is a point in Law that belongs to the Court and wherein the Court is to direct you as to the truth of the Evidence that is a question in Fact arising from the Witnesses and must be left upon them whereof you are the proper Judges As to the force of the Evidence in this Case it must be consider'd what the Charge is it is the compassing the death of the King and conspiring to seize the Person of the King which is the same thing in effect for even by the Common Law or upon the interpretation of the Statute of the 25th of Edw. 3. that mentions compassing the death of the King to be Treason it hath always been resolved That whosoever shall imagine to depose the King or imprison the King are guilty of imagining the death of the King for they are things that depend one upon another and never was any King deposed or imprisoned but with an intention to be put to death they are in consequences the same thing Now Gentlemen in Cases of Treason the Law is so tender of the Life of the King that the very Imagination of the heart is Treason if there be any thought concerning any such thing but then it must be manifested by some Overt-act upon the Statute of the 25th of Edw. 3. but upon the Statute of the 13th of this King made for the preservation of the King's person if it be manifested by malicious and advised speaking 't is sufficient This is as to the Charge and as to the Law concerning that Charge I must tell you there must be two Witnesses in the Case Now then for the force of the Evidence the question will arise there whether this Evidence admitting it to be true is sufficient to maintain the Indictment so that if there be two Witnesses you must find him Guilty Now as to this Gentlemen the Prisoner has before-hand called upon the Court and had their resolution and I hope you will remember what hath been said and I shall have occasion to trouble you the less There have been six Witnesses produced for the King there are two of them Sir William Jennings and Mr. Masters that are some way applicable to the Case though they do not go to the Treason they are only to inferr the probability of the Treason This of Sir William Jennings was upon the occasion of the bleeding of the Prisoners Nose after his quarrel with Fitz-Gerald when he said He had lost the first bloud and it would not be long e're there would be more lost which shews there were some extraordinary thoughts in his heart concerning some divisions quarrels and fighting that he expected should be That which Mr. Masters has said besides what he offered concerning his Principles in justifying the Long Parliament was this that when he called him Colonel Marry mock not said he I may be a Colonel in time that shews some extraordinary thoughts were in his heart Colledge Will not that bear a more favourable interpretation my Lord Must that necessarily follow upon my saying I might be a Colonel in time and that more bloud would be lost if I had expressed it so L. Ch. Justice I say you had some extraordinary thoughts in your heart Colledge I am sure the fittest to explain my own thoughts L. Ch. Justice You would have done well to have explained it which way you expected to be a Colonel Colledge It was not an expectation for a may be may not be my word was mocking is catching I thought he had called me Cozen. L. Ch. Justice Well Gentlemen these are Witnesses I say that go not to the Treason but only relate and reflect somewhat to shew there were thoughts in his heart but no body could