Reputation and I defie all the World to say any thing against it Colledge Pray hear me Sir if you please the first discourse that you speak of about Mr. Wilcox's being a good Man for the Cause and contributing Mony this was when we were at Dinner Mr. Smith This was that day when we went to dinner with him you know it very well Colledge Where were the other Discourses I had with you Mr. Smith Which part of them Colledge When I came from Oxford Mr. Smith By the Ditch side by your own House I have two or three to prove it we were an hour or two discoursing together about this Business Colledge What Business L. Ch. J. He tells you of two Discourses one before you went to Oxford and one after you came from thence Colledge He does say that I discoursed him about our coming down hither to Oxford That the Parliament would secure the King and that I would be one of them that should seize him and this was at the time when we dined with Alder. Wilcox L. Ch J. Not so he says after that time and before you went to Oxford he had such a discourse with you Mr. Smith Yes my Lord so it was Colledge And does he speak of another time when I shewed him the Back Breast and Arms Mr. Smith Yes Colledge But he said I discoursed then that the City was provided with Arms and that the Parliament were resolved to bring the King to submission Mr. Smith When I was in the House with him he then said Mr. Wilcox gave Mony to provide Arms I asked for what he said it was to bring the King to submission to his People and then he added he admired that Rowley did not remember how easily his Fathers Head came to the Block and he doubted not but that would be the end of him too L. Ch. J. He spake of several times you know Colledge I do not know one word of it nor can distinguish the times But Mr. Smith the last discourse you say about Oxford business was by the Ditch side Mr. Serj. Jefferies The discourse about bringing the King to submission was in the way as you went to dinner Mr. Smith The last discourse when you returned from Oxford was by the Ditch side but both before and after you spake to me at that place about this design of bringing the King to submission Colledge You said it was at Wilcox's at Dinner Mr. Serj. Jefferies You mistook him then Colledge Nay Sir George you took him not right Mr. Serj. Jeff. I have taken him right I assure you and you shall see it by and by Colledge He is the falsest Man that ever spoke with a tongue Mr. Attor Gen. Swear Bryan Haynes Which was done Tell my Lord and the Jury whether you know this Gentleman what converse you have had with him and what discourse he hath had with you Apply your self to Mr. Colledges Business only Haynes I suppose he will not deny but that he knows me very well I have been acquainted with him ever since March last before the sitting of the Parliament at Oxford My Lord there was a Warrant against me for High-Treason and I made my application to Mr. Colledge and desired him to go to a certain Person of Honour in England and ask his advice Whether I might supersede the Warrant by putting in Bayl and carry the Supersedeas in my Pocket Mr. Colledge told me he would go to this Person of Honour for he would do nothing of his own head and he bid me come to him the next day My Lord I came to Mr. Colledge the very next day and I met him at his House and I asked him what was the result and what advice he had from that Person of Quality he bid me be of good chear that the Parliament would be and fit at Oxford soon that I should not value the King a pin for said he the King is in a worse condition than you or I for you shall see said he he shall be called to an account for all his Actions Mr. Serj. Jefferies Who should Haynes The King for all the World may see says he that he does resolve to bring in Arbitrary Power and Popery And said he unless he will let the Parliament sit at Oxford since he hath called them together and put the People to charges in chusing of them and them in coming down we will seize him at Oxford and bring him to the Block as we did the Logger-head his Father The Parliament shall sit at Guildhall and adjust the Grievances of the Subject and of the Nation And you shall see said he that no King of his Race shall ever reign in England after him L. Ch. J. Where was this he said so Haynes At his own House I met him and he and I did walk all along from his own House over the Bridge that is against Bridewel and so went all along till we came to the Hercules-Pillars and we had some discourse there we went up one pair of stairs and called for some Beef and all this discourse was in that very place of the Hercules Pillars Mr. Serj. Holloway Do you know any thing of any Arms he had and for what Haynes But Sir said I to Mr. Colledge how can this be done 't is a thing impossible You pretend you say to the Duke of Monmouth that he is a fine Prince and stands up for the Protestant Interest Alas said he we make an Idol of him to adumbrate our Actions for fear we should be discovered Do you think the wise People of England shall ever make a Bastard upon Record King of England No said he for tho' we praise his Actions yet we cannot endure him because he is against his own Father But said he further unless the King do expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn coat Rogue that was before so much against the Papists a Rascal we shall see him hang'd and all the Tory Counsellors except the King do it we will make England too hot for him Colledge Who did I say this to to you Haynes Yes to me Colledge Pray how could this be possible Haynes Yes you knew my condition and I intimated to you at that time That I was as much for Treason and Villany as you But then said I to him how can this be done Here you have neither Officers nor Men of Experience nor Men of Knowledg nor you have no Ammunition Sea-port Towns nor Ships And besides the King said I hath a great Party in the Land and the Duke of York likewise and for all the Men of Estates and the Ancient Gentlemen they will not be disturbed and to quit their Ease for a Civil War Oh says he you are mistaken for we have in the City 1500 Barrels of Powder and we have 100000 Men ready at an hours warning and we have ordered every thing in a due method against
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
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
was a little before they met and they were earnestly talking of the Parliament at Oxford and of some disturbance that was likely to happen here And it was then fully agreed and Mr. Colledge was by That it would be the best way out of every County where the Parliament had the best interest in the People to leave one in every County that might manage the People This I appeal to Mr. Colledge whether it be true Colledge You appeal to me Shall I speak now my Lord Mr. Jones No you will remember it by and by Mr. Attor Gen. What do you know of any Pictures Mr. Sol. Gen. Pray let him speak that over again which he mentioned last Mr. Dugdale Being in a Coffee House with Mr. Colledge there were some of the Members of the House of Commons by and speaking of a Disturbance that might happen here at Oxford it was then agreed That in every Quarter where the Parliament had the most interest in the People they should not all come up but some remain there to manage the People Mr. Attor Gen. What do you know of any Pictures or Papers have you any about you Mr. Dugdale Yes I have one thing I received from Mr. Colledge that is the Letter pretended to be intercepted to Roger L'Estrange Mr. Attor Gen. Pray what account did he give you of it Who made it Mr. Dugdale He told me he was the Author of it himself and he shewed me it in Manuscript before it was printed and he told me he got one Curtis or his Wife to print it but he would never trust them again for they cheated him of some of the Gain Mr. Attor Gen. Who was the Author did he say Mr. Dugdale He himself Mr. Attor Gen. Pray produce it Sir Mr. Dugdale This and others he delivered to me to disperse L. Ch. Just What is it Mr. Attorney Mr. Attor Gen. It is a Letter and a great part of Fitz-Harris's Libel is taken out it seems Colledge was the Author and this is the Original of the Libel L. Ch. J. Did he tell you this was of his making Mr. Dugdale Yes Mr. Attor Gen. Did he disperse them to any Body else Mr. Dugdale Yes there were some given to one Mr. Boson he had some at the same time and Mr. Baldwin had some Then the Paper was read Cl. of Cr. First Q. VVhether they that talk Mr. Attor Gen. Pray give my Lord an account what more Papers and Libels he delivered to you Mr. Dugdale I received one like this I cannot say it was the same where all the Bishops were changing their Hats for Cardinal Caps Mr. Serj. Jefferies Where is Rary Shew for it seems he hath expounded the meaning of that Then it was produced Mr. Serj. Jefferies I suppose 't is his own cutting too Mr. Dugdale I heard Mr. Colledge sing it Mr. Serj. Jefferies Where Mr. Dugdale In Oxfordshire and in Oxford Town at my Lord Lovelace's Mr. Serj. Jefferies Where at my Lord Lovelace's Mr. Dugdale At his House in the Country Mr. Serj. Jefferies Who were in the Company there Mr. Dugdale Sir Robert Clayton Sir Thomas Player Mr. Rouse Mr. Colledge Mr. Serj. Jefferies You say you heard him in Oxford and in Oxfordshire and at my Lord Lovelace's where is that L. Ch. J. My Lord Lovelace is here himself and hears what he says Mr. Dugdale I might mistake the County but I heard him sing it at Oxford Town and at my Lord Lovelace's House again L. Ch. J. Where is that Mr. Dugdale I cannot tell the Town Mr. Serj. Jefferies How came you there Mr. Dugdale Sir Thomas Player did invite me thither Mr. Serj. Jefferies Where is it in Oxfordshire Mr. Dugdale I cannot tell 't is four miles from Henley Mr. Serj. Jefferies Was my Lord at home Mr. Dugdale Yes he was Mr. Serj. Jefferies Now for the Cut then Did he shew you this Cut Mr. Dugdale Yes he told me he would get it printed Mr. Serj. Jefferies Was it before it was printed then that he sung it Mr. Dugdale Yes it was Mr. Serj. Jefferies Who did he tell you did make it Mr. Dugdale He told me he was the Author of this Cut and he gave me one and we sang it together presently after it was printed Mr. Attor Gen. How did he describe it to you when he shewed it to you Mr. Dugdale That which hath the Pack on the back of it he described to be the King those that follow him were Topham Cooper Hughs and Snow and that company of men there is the House of Commons Mr. Serj. Holloway What was meant by the Pack Mr. Dugdale The Parliament and all his Retinue and then here is the King in the Mire again according as 't is represented in the Long Mr. Serj. Jefferies Ay he goes on well And this here is the Bishops which they thrust into the Pack when they have got him down into the Mire and then they thrust them all away as it is in the Song to hoot them away L. Ch. J. Did he make this explication to you Mr. Dugdale Yes Mr. Serj. Jefferies Who were the All Mr. Dugdale King and Clergy-men and all Mr. Serj. Jefferies Where was this he explained it Mr. Dugdale At London Mr. Serj. Halloway Is there any thing relating to White-hall what name did he give that Mr. Dugdale Yes he said Louse-hall was White-hall because of its poverty Then the Ballad was read Cl. of Cr. Rary Shew To the Tune of I am a Sensless Thing Mr. Attor Gen. This shews you what sort of Man he is Mr. Serj. Jefferies Here you say he explained this with the Pack at the back to be the King Mr. Dugdale Yes he told me so Mr. Serj. Jefferies What did he mean by the two Faces Mr. Dugdale That he was half Protestant and half Papist Mr. Jones Did he make any comparison between his own Party and the King's Party Mr. Dugdale He said they were but an handful to them Mr. Jones To whom Mr. Dugdale To his Party that was the Dissenters Mr. Attor Gen. Speak that out Mr. Dugdale That their Party was but a handful to theirs Mr. Attor Gen. Theirs and theirs who did he mean Mr. Dugdale He meant the Dissenters for the Church of England he reckoned among the Papists L. Ch. J. Tell us the words he said Mr. Dugdale He said his Party was the true Church of England and that which is established by Law were but Protestants in Masquerade Mr. Jones Tell us when he made the comparison what words he did use and upon what occasion Mr. Dugdale When he perceived the King at Oxford would not yield to the House of Commons he said Let him begin as soon as he would he did not care how soon he did begin for their Party meaning the King and his Party was but an handful to him and his Party calling them the true Protestants the others were Protestants in Masquerade Mr. Attor Gen. What did he desire you to do
to several People to buy Arms and Ammunition And I asked him to what purpose and he said it was to bring the King to submission to his People adding thereto That he wondred Old Rowley did not consider how easily his Fathers Head came to the Block which he doubted not would be the end of Rowley at the last After this Discourse the Alderman came in we dined and every one went his own way about his own Business Mr. Colledge then told me if I would go with him to his own House I should see how he was prepared with Arms and Provision Soon after I met with him and he desired me to go along and dine with him and I did so and there he did shew me his Pistols his Blunderbuss his great Sword and he shewed me his Armour Back and Breast and he shewed me his Head-piece which if I am not mistaken was covered over with Chamlet it was a very fine thing and said he These are the things which will destroy the pittiful Guards of Rowley that are kept up contrary to Law and Justice to set up Arbitrary Power and Popery Colledge What did I say Sir about my Armour Mr. Smith Thus you said It was to destroy Rowley's Guards those were your words that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery After I had dined with him I parted with him A little before the Parliament was to meet at Oxford I met him again and we were discoursing of several things what preparations the City were making how they were provided with Powder and Bullets and for his part he would go down to Oxford for he expected a little sport there upon the Divisions that were like to be between the King and Parliament Then said I to him Why what is the matter there Why said he we expect that the King will seize upon some of the Members and we are as ready as he And says he for my part I will be there and be one that shall seize Him if he secure any of the Members and I believe he did go down says he you know how the City is provided I told him No not so well as he but he told me all was very well After he came up again I met him another time and he told me He went down in expectation of some sport but Old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself Mr. Serj. Jefferies Did he say If he had not ran away he would have seized him Mr. Smith He said nothing of that but before he said He would be one of them should seize him if he seized any of the Members After this he told me that Fitz Gerald and he had had a quarrel at the Parliament-Door of the House of Lords at Oxford that Fitz-Gerald had called him Rogue and said he Fitz-Gerald made my Nose bleed but before long I hope to see a great deal more Blood shed for the Cause After this again when there was a discourse of disarming the City that my Lord Feversham was to come to do it he told me he was well provided and if Feversham or any man nay Rowley himself should attempt any such thing he would be the death of him before any man should seize upon his Arms. Mr. Serj. Jeff. Did he discourse any thing to you about Arms to provide your self Mr. Smith Yes he did I had an Armour from him Mr. Serj. Jefferies What did he say to you about it Mr. Smith He did desire me to get me Arms for I did not know how soon I might make use of them I had an Armour from him upon trial he said it cost him 30 or 40 s. I had it upon trial but it was too big for me so I gave it him back and bought a new one Mr. Attor Gen. Did he tell you to what purpose you should Arm your self Mr. Smith No he did not name any purpose but he told me I did not know how soon I might make use of it Mr. Attor Gen. What did he say to you about any one's seizing the King Mr. Smith He told me the Parliament were agreed to secure the King and that in order to it all Parliament-men came very well Armed and accompanied with Arms and Men and he told me of a great Man that had notice from all the Gentlemen of England how well they came armed Mr. Jones What did he say of himself Mr. Smith He would be one that should secure the King if he seized any of the Members Mr. Jones When he had been there what did he say Mr. Smith If they had had any work he was ready provided for them Mr. Attor Gen. But pray tell us again what he said of the King 's running away Mr. Smith He said Rowley was afraid like his Grand-father Jamy and ran away ready to beshit himself L. Ch. J. If you have done with him Mr. Attorney let the Prisoner ask him what Questions he will Colledge Mr. Smith Where was this Discourse I had with you Mr. Smith Which do you mean the former part or the latter Colledge The first discourse you talk of what I told you going to Mr. Wilcox's to dinner and when it was Mr. Smith You know best when it was I can't exactly remember the time but you know 't is true Colledge Where was it Mr. Smith As we went along thither we had the first part of it and when we came thither you and I talked till Alderman Wilcox came in and you and I were alone together and several Persons that were there were drawn into Cabals two by two Colledge Where Mr. Smith In the Room where we dined and you know there was a little Room by where some were drinking a Glass of Wine Colledge You say by two and two the Company were drawn into Cabals Mr. Smith I tell you most of them were in Cabals two and two together only those 2 Gentlemen that belonged to the Alderman went up down and gave Wine Colledge What Religion are you of Mr. Smith Is it for this Man to ask me my Lord such a Question L. Ch. J. Yes answer him Mr. Smith I am a Protestant Colledge You were a Priest Mr. Smith Yes what then and I am in Orders now Colledge That was from the Church of Rome Mr. Smith Yes and that is a good Ordination I came in voluntarily to discover the Popish Plot and was no Pentioner nor received any Sallary from the King I have spent several Pounds several scores of Pounds but received no Recompence And I was the Darling at one time all over the City when I did adhere to what they would have me to do Mr. Serj. Jefferies Did not you swear against my Lord Stafford Mr. Attor Gen. Were not you a Witness Mr. Smith at my Lord Stafford's Tryal Mr. Smith In that Case I did give a general account of the Design of the Papists they did not then question my
the sitting of the Parliament at Oxford and you shall see England the most glorious Nation in the World when we have cut oft that beastly fellow Rowley and speaking of the King he said he came of the Race of Buggerers for his Grandfather King James buggered the old Duke of Buckingham and he called him Captain and sometimes the King and sometimes Rowley Mr. Serj. Jefferies This was pure Protestant discourse upon my word Haynes Then he railed at Judg Pemberton and said he let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a Turn-coat Rogue He was for the Plot whilst he was puisne Judge but now he is Chief Justice he is the greatest Rogue in the World He is like one of the Pentioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a Man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some Persons of Honour believe that I was a Person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like a Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of 12 Men will hang us by the Neck and so I should perish whilst others triumphed and only be a Martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the World for he makes you slaves and beggars and would make all the World so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serjeant Jefferies Mr. Colledge if you will ask him any Questions you may Colledge Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand Sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serjeant Jefferies He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Colledge Where was this discourse about superseding your Warrant Haynes At London Colledge When Haynes It was before the Parliament fate at Oxon. Colledge How long Haynes I can't tell positively to an hour or a day Colledge What Moneth as near as you can Haynes It was in the Moneth of March. Colledge Had you ever seen me before Haynes Can you deny that Colledge I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government Lord Chief Just Were you an intimate Acquaintance of his before March last Haynes No intimate Acquaintance Colledge Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple Barr and he sat me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him Yonder is such a man at such a place now you may seize upon him Colledge What man was that Haynes One Richard Ponre Colledge He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the Night before and Capt. Browne and they gave us a Signal a Blew Ribband to distinguish that we were Protestants from the Bishops men L. Ch. Just. When were you to make Use of it Haynes When the King was seized Mr. Serjeant Jefferies Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your Cracks and Brags now you see the King hath made a Fool of you now you know not what you would have done Sayes he What would you have us do We have not done with him yet for said he no Servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords House and there was a man came in with a Gown under his Arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz Girald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-Man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Colledge Hold Sir I desire to ask him some Questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 'T is not the first time I have been Examined I know how to speak as well as you Colledge Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a Copy of which was carried to that Noble-man And you came from him and returned me his Thanks and told me it was the best Service I could do him I would not trouble the Court with Circumstantial things and you told me I should be gratified not only in my own Property but a Reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz Girald Mr. Att. Gen. Is it to this matter Haynes No nothing at all Lord Chief Just. Let him ask any Questions what he will Colledge I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his Corporal Oath that I was as well acquainted with him as any one in the World Colledge Pray answer me Sir When was the first time I talked to you Haynes The first intimate
Let Mr. Masters stand up again Colledge Pray Sir relate the whole discourse that passed between you and I whether I did not argue with you it was not the Parliament cut off the Kings head nor begun 〈◊〉 War but the Papists Mr Masters No you did not say any such thing We had a great deal of discourse in the Shop and under the Arch and the thing that was said Mr. Colledge was this You did say to me that you did justifie the late long Parliament of 40 and their proceedings and you said they were a Parliament that did nothing but what they had just cause for said I how can you be so impudent to say so when they raised the Rebellion against the King and cut off his head said he again they did nothing but what they had just cause for and the Parliament that sat last at Westminster were of the same opinion Mr. Just Jones I did you no wrong in repeating the evidence you see Mr. Colledge Colledge Did I not first dispute with you that they did not begin the War nor cut off the King but the Papists did it Mr. Masters Look you Mr. Colledge you would have had it the King began the War Colledge Don't you say so for I said the Papists began the War Sir say no more to me than what you will answer to God Almighty for I always said the Papists did all the mischief in the late times and I wonder Sir you would not be so just to his Majesty as to detect me for what I said then if you apprehend it to be as you now say but I am sure you did not nor could not Mr. Masters Mr. Colledge it was so far from that that I was afraid it was of dangerous Consequence and I gave some Persons of Honour an accompt of it and I was sent to but on Friday last to know what it was was said and I was desired and commanded to come down hither Colledge Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own Conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the World Colledge Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charlton's shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. Jefferies Mr. Masters don't trouble your self your Reputation is not upon the Level with that Gentlemans Colledge I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the King's Head Colledge You did say to me they did cut off the King's Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an hand in it but Sir you have left out the most material part of our Discourse which was that you said they did nothing but what they had just cause for Colledge I do say and it was my sence always That the Parliament did not cut off the King's Head for they were long out of doors before that came to pass and a new unhappy War was begun L. Ch. Just The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your Principles and the Jury have heard what Mr. Masters says Colledge I was then a Child and do not know all the passages but I speak my sence L. Ch. Just You should not have justified such things Mr. Just Jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. Just Levinz It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the King's Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my Discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Serj. Jefferies He did then he tells you Colledge Had I known of it I am sure Mr. Charlton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it If it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. Just Jones What just after the same manner in raising War and Rebellion against the King Colledge After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the Rights of the People Now if it were so then the Parliament at Westminster were of the same opinion L. Ch. Just I tell you the Long Parliaments levying War is declared Rebellion by Act of Parliament Colledge My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. Jefferies You are a mighty learned Gentleman to talk of those points indeed Colledge My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. Ch. Justice 'T is upon the Act of the 13th of this King you speak Colledge Yes My Lord I take
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
advised him to Arme himself whether he prepared them against that time or no is not material if he had them before and if he had them first innocently yet if he afterwards designed them for such a purpose and shewed them in a readiness for it that is a sufficient Evidence to prove this Treason So here are two Witnesses you observe against the Prisoner of this matter that is laid against him in the Indictment an intent to kill the King they both prove it positively upon him at Oxon. Mr. Dugdale speaks to matters precedent to for he tells you his discourse before they came down that they would come down for that purpose that they had an expectation some thing would be done and therefore he came down in an Equipage not suitable to his profession for you see he was by Trade a Carpenter or a Joyner but Armed on Horseback with a Case of Pistols things that don't become such men to Travel with and he did declare to Mr. Dugdale for what purpose he came down The next Witness is Mr. Smith and Mr. Smith is as positive and full to this matter of Treason as any of the rest Colledge There is scarce a Carpenter or a Joyner in London but hath Pistols when he rides L. Ch. Just Mr. Colledge We must not suffer this We had so much patience with you that we expect you should be quiet now and not interrupt the Counsel Colledge My Lord Let me not be overborn upon there is scarce a Poulterer in London but what hath Pistols Mr. Sol. Gen. We had great patience with you Mr. Colledge and did not interrupt you I am sure but let you say what you would I think I do you no wrong if I do I am under the Correction of the Court they will reprove me if I do that which does not become me Mr. Just Jones Did not you ramble I don't know how and yet you were suffered to go on Mr. Sol. Gen. He tells you of a discourse as he came from the Coffee-house to go to a Dinner whither he was invited by Alderman Wilcox and the discourse was That the King was as great a Papist as the Duke and much more to that purpose vilifying the King That Alderman Wilcox was a man that gave Money to buy Armes to bring the King to submission He objects against this and says 't is impossible such a discourse should be and that all this should be talked in so little a time as in passing from the Coffee-house to the Crown-Tavern without Temple-Barr Colledge Pray remember whose Company it was proved I went in Mr. Solicitor Mr. Sol. Gen. But Gentlemen when you consider how busie a man he was and how ready at talking of Treason you will not think but that this man might talk much more than this but this I mention to do him right it being one of the Arguments he used and to give an Answer to it tho' when you consider it I believe you will think it not to need an Answer But I would do him all the right I can and now you have heard it you will consider the weight of it Gentlemen he tells you of another discourse afterwards that does relate to his being here at Oxon he tells you he had Armes in his house and was ready upon all occasions and he shew'd Mr. Smith his Armes and told him these were the things that were to destroy Rowley's Guards as he said which by the Evidence is made to appear he meant the King by that name his Armes he said were for that purpose That he would go down to Oxon and there he expected some sport I know not what sport he thinks there is in Rebellion you see what principles he is of that does maintain and justifâ—e the greatest and horridest Rebellion that ever was in England and says they did nothing but what they had good cause for He tells Smith that he thought the King would seize upon some Members and with that expectation he came down but he was as ready as the King and would be one in the securing of him if he medled with any of the Members This proof Mr. Smith made and that after the Parliament was dissolved he said that the King ran away and was very much afraid This is proved by Smith likewise and this Colledge did declare after he came to Town Smith proves further That he did wonder the King did not consider how easily his Father's Head was brought to the Block and for Mr. Colledge's part he did declare that he did believe this King would be served so shortly And this does confirm what his other Witnesses have spoken of his words at Oxon. Thus then there are three Witnesses tho' two are enough to convict a man if they be positive to the Treason Mr. Haynes is the 4 th Witness and he is as full as any of them I do but repeat it in short you have had it so often canvassed by Colledge that I believe you will easily remember it He did advise Haynes that he should not value the King at all for the King should be called to account for all his Actions he said he would seize the King and bring him to the Block as they did his Father with an undecent expression of that blessed King not fit to be repeated And he said they did intend when they had cut off him never any more of his Race should Raign this it was Haynes says tho' there are other matters I would take notice of one thing more and I need not but mention it you will remember it and that is about the Libel of Fitzharris Haynes tells you upon discourse of that Libel he said that every word of it was true as sure as God is in Heaven Now that was a Libel made by a Papist an Irish Papist who hath been Tryed Convicted and Executed for it and the horridest Libel it was that ever was Writ And this is the Libel which this Gentleman who is so very conversant in Libels and Books of that sort avers to be as true as God is in Heaven This is the substance Gentlemen of that proof which hath been made to you we have other Circumstances to prove that as he came down with that intent to seize the King and as he expected what he calls some sport so he did endeavour to begin the sport he did quarrel in the Lobby of the House of Lords with Fitz Gerald some blows passed and Sir William Jennings telling him his Nose bled he did declare I have lost the first blood in the Cause but it will not be long before there be more lost Thus after he had come down he endeavoured to begin a Commotion for from little matters great things do sometimes arise and when all men were possest with an Expectation such as he himself did declare he and others came down with an expectation that the Parliament should be attacked a little matter might have begun such a
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