nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
hope a Turn-coat Rogue He was for the Plot whilst he was a puisne Judge but now he is Chief Justice he is the greatest Rogue in the world He is like one of the Pensioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some persons of Honour believe that I was a person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like the Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of Twelve men will hang us by the Neck and so I should perish whilst others triumphed and only be a martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the world for he makes you slaves and beggars and would make all the world so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serj. jeff. Mr. Colledge if you will ask him any Questions you may Coll. Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serj. jeff. He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Coll. Where was this discourse about superceding your Warrant Haynes At London Coll. When Haynes It was before the Parliament sate at Oxon. Coll. How long Haynes I can't tell positively to an hour or a day Coll. What month as near as you can Haynes It was in the month of March. Coll. Had you ever seen me before Haynes Can you deny that Coll. I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government L. c. j. Were you an intimate acquaintance of his before March last Haynes No intimate acquaintance Coll. Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple-Bar and he set me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him yonder is such a man at such a place now you may seize upon him Coll. What man was that Haynes One Richard Ponre Coll. He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the night before and Captain Browne and they gave us a Signal a blue Ribband to distinguish that we were Protestants from the Bishops men L. c. j. When were you to make use of it Haynes When the King was seized Mr. Ser. Jeff. Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your cracks and brags now you see the King hath made a fool of you now you know not what you would have done Says he what would you have us do We have not done with him yet For said he no servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords-House and there was a man came in with a Gown under his arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz-Gerald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Coll. Hold Sir I desire to ask him some questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 't is not the first time I have been examined I know how to speak as well as you Coll. Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a copy of which was carried to that Noble-man And you came from him and returned me his thanks and told me it was the best service I could do him I would not trouble the Court with circumstantial things and you cold me I should be gratified not only in my own property but a reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz-Gerald Mr. Att. Gen. Is it to this matter Haynes No nothing at all L. c. j. Let him ask any questions what he will Coll. I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his corporal Oath that I was as well acquainted with him as any one in the World Coll. Pray answer me Sir When was the first time I talked to you Haynes The first intimate acquaintance we had was when you put me upon the design about Fitz-Gerald Colledge Pray Sir you go too fast already as you are still gallopping where was this discourse about his Majesty Haynes I told you before Coll. What was it Haynes I went to you after the Affidavit was made and told you there was a Warrant out after me and desired you to go to That Noble-man and desire his advice what I might do or whether I might supersede the Warrant You told me you could do nothing without advice and you would go and advise with That Noble-man Colledge My Lord here is Mr. Turbervile
House I should see how he was prepared with Arms and Provision Soon after I met with him and he desired me to go along and dine with him and I did so and there he did shew me his Pistols his Blunderbuss his great Sword and he shewed me his Armour Back and Breast and he shewed me his Head-piece which if I am not mistaken was covered over with Chamlet it was a very fine thing and said he These are the things which will destroy the pitiful Guards of Rowley that are kept up contrary to Law and Justice to set up Arbitrary Power and Popery Colledge What did I say Sir about my Armour Mr. Smith Thus you said It was to destroy Rowley's Guards those were your words that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery After I had dined with him I parted with him A little before the Parliament was to meet at Oxford I met him again and were discoursing of several things what preparations the City were making how they were provided with Powder and Bullets and for his part he would go down to Oxford for he expected a little sport there upon the divisions that were like to be between the King and Parliament Then said I to him why what is the matter there Why said he we expect that the King will seize upon some of the members and we are as ready as he And says he for my part I will be there and be one that shall seize him if he secure any of the members and I believe he did go down says he you know how the City is provided I told him no not so well as he but he told me all was very well After he came up again I met him another time and he told me he went down in expectation of some sport but Old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself Mr. Ser. jeff. Did he say If he had not ran away he would have seized him Mr. Smith He said nothing of that but before he said He would be one of them should seize him if he seized any of the members After this he told me that Fitz-Gerald and he had had a quarrel at the Parliament-door of the House of Lords at Oxford that Fitz-Gerald had called him Rogue and said he Fitz-Gerald made my Nose bleed but before long I hope to see a great deal more Blood shed for the cause After this again when there was a discourse of disarming the City that my Lord Feversham was to come to do it he told me he was well provided and if Feversham or any man nay Rowley himself should attempt any such thing he would be the death of him before any man should seize upon his Arms. Mr. Serj. jeff. Did he discourse any thing to you about Arms to provide your self Mr. Smith Yes he did I had an Armour from him Mr. Ser. jeff. What did he say to you about it Mr. Smith He did desire me to get Arms for I did not know how soon I might make use of them I had an Armour from him upon trial he said it cost him 30 or 40 s. I had it upon trial but it was too big for me so I gave it him back and bought a new one Mr. Attorn Gen. Did he tell you to what purpose you should arm your self Mr. Smith No he did not name any purpose but he told me I did not know how soon I might make use of it Mr. Att. Gen. What did he say to you about any one's seizing the King Mr. Smith He told me the Parliament were agreed to secure the King and that in order to it all Parliament-men came very well armed and accompanied with arms and men and he told me of a great man that had notice from all the Gentlemen of England how well they came armed Mr. jones What did he say of himself Mr. Smith He would be one that should secure the King if he seized any of the members Mr. jones When he had been there what did he say Mr. Smith If they had had any work he was ready provided for them Mr. Att. Gen. But pray tell us again what he said of the Kings running away Mr. Smith He said Rowley was afraid like his Grand-father Jumy and ran away ready to beshit himself L. c. j. If you have done with him Mr. Attorney let the Prisoner ask him what Questions he will Colledge Mr. Smith Where was this discourse I had with you Mr. Smith Which do you mean the former part or the latter Colledge The first discourse you talk of what I told you going to Mr. Wilcox's to dinner and when it was Mr. Smith You know best when it was I can't exactly remember the time but you know 't is true Colledge Where was it Mr. Smith As we went along thither we had the first part of it and when we came thither you and I talked till Alderman Wilcox came in and you and I were alone together and several persons that were there were drawn into Cabals two by two Colledge Where Mr. Smith In the room where we dined and you know there was a little room by where some were drinking a Glass of Wine Coll. You say by two and two the company were drawn into Cabals Mr. Smith I tell you most of them were in Cabals two and two together only those two Gentlemen that belonged to the Alderman went up and down and gave Wine Coll. What Religion are you of Mr. Smith Is it for this man to ask me my Lord such a question Lo. ch just Yes answer him Mr. Smith I am a Protestant Coll. You were a Priest Mr. Smith Yes what then and I am in Orders now Colledge That was from the Church of Rome Mr. Smith Yes and that is a good Ordination I came in voluntarily to discover the Popish Plot and was no Pentioner nor received any Sallary from the King I have spent several pounds several scores of pounds but received no recompence And I was the Darling at one time all over the City when I did adhere to what they would have me to do Mr. Ser. jeff. Did not you swear against my Lord Stafford Mr. Att. Gen. Were not you a Witness Mr. Smith at my Lord Stafford's Tryal Mr. Smith In that case I did give a general account of the design of the Papists they did not then question my Reputation and I defie all the World to say any thing against it Colledge Pray hear me Sir if you please the first discourse that you speak of about Mr. Wilcox's being a good man for the Cause and contributing mony this was when we were at Dinner Mr. Smith This was that day when we went to dinner with him you know it very well Coll. Where were the other Discourses I had with you Mr. Smith Which part of them Colledge When I came from Oxford Mr. Smith By the Ditch side by your own House I have
two or three to prove it we were an hour or two discoursing together about this business Coll. What business L. c. j. He tells you of two Discourses one before you went to Oxford and one after you came from thence Coll. 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 Alderman Wilcox L. c. 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 Coll. And does he speak of another time when I shewed him the Back Breast and Arms Mr. Smith Yes Coll. 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 remeber how easily his Fathers Head came to the Block and he doubted not but that would be the end of him too L. c. j. He spake of several times you know Coll. 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. Ser. Jeff. 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. Ser. Jeff. You mistook him then Colledge Nay Sir George you took him not right Mr. Ser. 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. Att. 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 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 supercede the Warrant by putting in Bayl and carry the Supercedeas 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 sit 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. jeff. 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. c. 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 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 though 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 Clarindon 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 Coll. Who did I say this to to you Haynes Yes to me Coll. 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 knowledge 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 the sitting of the Parliament at Oxford and you shall see England the most glorious Nation in the World when we have cut off 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. Ser. Jeff. This was pure Protestant discourse upon my word Haynes Then he railed at Judge Pemberton and said he let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I
then I was saying methinks it seems an improbable thing that such a man as Colledge should seize upon the King or provide 1500 Barrels of Powder and those other things Upon my word said he with some passion clapping his hand upon his breast when Mr. Colledge did say it I did not believe a word of it and upon my Faith I believe Colledge himself did not believe it when he told me so Colledge Do you know any thing more Sir Mr. Gardner No indeed Mr. Colledge Colledge Call Dr. Oates again L. c. j. Well what say you to him Coll. Pray Dr. Oates Mr. Smith charges me that I should speak some treasonable words that time that Alderman Wilcox gave you a Treat at the Crown-Tavern you were there and pray how long ago was it Dr. Oates My Lord I heard Mr. Smith speaking of it at the Old-Bailey and if you please to take notice it was thus This Summer was twelve-month or I am sure a great while before Christmas the Alderman had invited me several times to give me a Treat and I had not time other business calling me off but finding a time I sent him word I would come and see him He said he was a Brewer and troubled at home with customers but he would give me a Dinner at the Crown Tavern without Temple-Bar that was the place fixed upon there was Mr. Smith the Counsellor who had been serviceable to me in several instances I did get him to go along with me and Mr. Colledge was with us and I heard Smith swearing at the Old Baily that Mr. Colledge and he had discourse from the Rainbow Coffee-House where we met and went together Colledge There I was invited by Alderman Wilcox Dr. Oates But my Lord I will tell my story I am not to tell Mr. Smiths Colledge did tell me he was invited said I You shall be welcome as far as I can make you welcome So Colledge ahd I went together from the Rainbow Coffe-House to the Crown Tavern Now indeed Colledge was very pleasant and merry and as I think the discourse betwixt the Rainbow Coffee-House and the Tavern was betwixt Mr. Colledge and me for Mr. Smith stayed somewhat behind or walked before I cannot tell which When we came to the Crown Tavern we did to divert our selves till Dinner came up enter into a Philosophical discourse with one Mr. Savage who was formerly a Romish Priest but this Savage is since pardoned by the King and is a member of the Church of England and hath been Professor of Divinity and Philosophy beyond Sea This as I remember was the discourse before we dined till we went to dinner it was concerning the Existence of God whether that could be proved by natural demonstration and whether or no the Soul was immortal my Lord after dinner Smith went away I did not hear the least discourse of any such thing as he speaks of and Mr. Smith and Colledge had no discourse in my hearing from the Coffee-House to the Tavern and when we were in the Tavern we did discourse about those two Points Counsellor Smith my Lord will justifie a great deal of this and my Brother too who was with us But when I heard Mr. Smith swear as he did about this matter at the Old Baily I did really my Lord in my conscience look upon him to be forsworn in that particular Mr. Serj. Jeff. And he does swear you are out in this L. c. j. Will you ask him any more questions Dr. Oates If your Lordship please he speaks of Mr. Wilcox to be a man that contributed money to buy Arms Powder and Shot I think Sir George Jefferies knows Alderman Wilcox is a man of another employment Mr. Serj. jeff. Sir George Jefferies does not intend to be an Evidence I assure you L. ch Just Do you ask him any more questions Dr. Oates I do not desire Sir George Jefferies to be an Evidence for me I had Credit in Parliaments and Sir George had Disgrace in one of them Mr. Serj. jeff. Your Servant Doctor you are a witty man and a Philosopher Colledge Call Mr. Thomas Smith L. c. j. What would you ask of him now Coll. Counsellor Smith here is John Smith or Narrative Smith which you please to call him hath charged me with speaking Treason at our going to dinner at Mr. Wilcox's I remember you were there and I think you and I and Dr. Oates and his Brother and Mr. Godwin Wharton went together I did tell Mr. Smith of it but I did not stir a step out of the Coffee-house with him but went away before him How long ago is it since we had that Dinner Mr. T. Smith My Lord if your Lordship please I do very well remember Mr. Alderman VVilcox so they called him did desire to give Dr. Oates a Treat with some other of his Friends at the Crown-Tavern without Temple-Bar but really my Lord as to the certain time I do not remember it but to my best remembrance my Lord it was before Christmass last and some time before Christmass last And my Lord I was there all the time Mr. Smith was at that time somewhat a stranger to me something I had heard of his name and I did stay there all the while I remember Mr. Alderman VVilcox was to go out of Town that day and truly as to any thing of matter of Treason or Treasonable words or any thing tending towards it I am confident nothing was or could be spoken and the room was a very small room and our company did fill it up and the Table was so big that there was little more than for the Servitors to go about so that any man might easily hear from the one end of the room to the other I remember there was some discourse betwixt Dr. Oates and Mr. Savage who I think hath been a Jesuit and it was about some points of Philosophy and Divinity but for Treason I do not remember the least of it and I am confident Colledge said not any such thing at that time and my reason is this I very well remember Mr. Colledge did set himself down upon one side of the Table and fell asleep and unless he talked Treason in his sleep there could not be any such thing said and if it had been said it would have been heard Mr. Att. Gen. Mr. Smith did you never hear Mr. Colledge speak any ill words of the King Mr. T. Smith Never in my life And if I were now to take the Sacrament upon it I could say so Mr. Ser. jeff. You used to converse with him Mr. Smith did he never say any thing like it to you Mr. T. Smith Good Mr. Serjeant you know I can take the Sacrament pray let us have no reflections Mr. Serj. jeff. Who did reflect upon you I did not reflect upon you Mr. just jones Mr. Smith did he never deliver you any of those Pictures Mr. T. Smith No Sir he never did Coll. Good Sir George don't
it and I was sent to but on Friday last to know what it was was said and I was desired and commanded to come down hither Coll. Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the world Coll. Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charltons shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. jeff. Mr. Masters don't trouble your self your Reputation is not upon the level with that Gentlemans Coll. I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the Kings Head Coll. You did say to me they did cut off the Kings Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an Hand in it but Sir you have left out the most material part of our discourse which was that you said they did nothing but what they had just cause for Coll. I do say and it was my sense always that the Parliament did not cut off the Kings Head for they were long out of doors before that came to pass and a new unhappy War was begun L. c. j. The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued it after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your principles and the Jury have heard what Mr. Masters says Colledge I was then a child and do not know all the passages but I speak my sense L. c. j. You should not have justified such things Mr. ju jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. just Levins It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the Kings Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Ser. jeff. He did then he tells you Colledge Had I known of it I am sure Mr. Charleton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it if it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. just jones What just after the same manner in raising War and Rebellion against the King Coll. After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the rights of the people Now if it were so then the Parliament at Westminster were of the same opinion L. c. j. I tell you the long Parliaments levying War is declared Rebellion by Act of Parliament Coll. My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. jeff. You are a mighty learned Gentleman to talk of those points indeed Coll. My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. c. j. 'T is upon the Act of the 13th of this King you speak Colledge Yes my Lord I take it upon that Statute L. c. j. I tell you as to that part of the Statute which concerns Misdemeanors there is a particular clause for prosecution by order of King or Council but as to that part of the Statute that concerns Treason it must be prosecuted within six months and the Indictment within three months after Coll. VVhat Statute is this Indictment grounded upon Mr. just jones All Statutes that concern Treason L. c. j. Upon the Statute of the 25 of Edw. 3. which declares the Common-Law and the Statute of the 13. of this King which when you have done I will have read to the Jury Coll. Then pray my Lord let me ask you one question whether the Statute of the 25th of Edw. 3. does not say that there shall be two positive witnesses to Treason Mr. just jones No but there is another that does Coll. I am ignorant of the Law and therefore I ask the question L. c. j. Well I will tell you there must be two witnesses in the case but one witness to one fact at one time and another witness to another fact at another time will be sufficient Evidence to maintain an Indictment of Treason this was told you in the morning Mr. just jones And it was told you withal that it was the resolution of all the Judges in the case of my Lord Stafford when he was tryed in Parliament Coll. They proved fact in that case writing of Letters and offering money to kill the King but nothing of fact is proved against me but riding into the Countrey with Arms that I had three years before L. c. Just We will read the Statute of the 13th wherein words are declared to be Treason Coll. I pray it may be read if you please VVhich was done L. c. j. Look you here to compass or imagine the
beseech you be not frightened nor flattered do according to your judgments 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 blood 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. c. j. 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 Coll. Sir there is no conspiracy proved L. c. j. 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 King's 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 something 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 Edmundbury 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 a 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 Arms 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 Arms he had before and therefore they were not provided for this purpose Gentlemen we do not pretend to prove when his trayterous intent first began and how long this Design has 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 arm 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 something 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 Col. There is scarce a Carpenter or a Joyner in London but hath Pistols when he rides L. c. j. 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 Coll. My Lord let me not be overborn upon there is sçarce 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 correction of the Court they will reprove me if I do that which does not become me Mr. Att. Gen. Did not you ramble I don't know how
credit after so solemn a Tryal where all the objections that could possibly be made were made the House of Lords thought fit to find my Lord Stafford guilty and my Lord Stafford suffered for it and died upon the credit of these men These are the witnesses Gentlemen that this man thinks ought to be blown off with that frivolous objection that they are persons he would have you believe who are guilty of a design to throw the Plot upon the Protestants But because he hath desired to save himself in an Herd by numbring himself amongst the Protestants I must a little observe to you what a sort of Protestant he is a man he would have you to believe so popular for his Religion that he hath obtained the name of the Protestant Joyner But when you have considered what his actions are I believe you will a little suspect his Religion If the Protestant Religion allow any man to vilifie the King to arraign the Government and to throw off all manner of allegiance then this man is a Protestant but if this be to act the part of a Papist and if the Papists could wish that such an infamy might be put upon the Protestant Religion that it should justifie such a Rebellion as the late horrid one was and own such a Principle that it is lawful for any Subject to asperse and vilifie the King as this man by those many and scurrilous Libels seem to do it if they could wish this Nation overturned and the Government in confusion and the Church of England destroyed the best Bulwark now in the world against Propery and the best or only refuge at this day left for the poor afflicted Protestants abroad Then whilst Mr. Colledge does thus act the part of a Papist he does very ill to call himself a Protestant Gentlemen I cannot but observe one thing to you and it was the Evidence of Dr. Oates when he did first discover the Plot and without his Evidence you would easily believe the thing He told you there were two ways they had to accomplish their design by direct murdering of the King or if that failed by putting all things into confusion here and raising Rebellion and disturbance amongst us and the way to effect that Rebellion it was by having Emissaries sent among us to work us into a dislike of the Church and by that means into a Rebellion against the State That some men were sent abroad for that purpose to preach at Conventicles some whereof were catched and some did suffer Now without this Evidence it would not be hard to believe that such there are and have been for all that know the History of our Reformation do know that it was an early practice among them to raise Sects amongst us to bring confusion first into the Church and theâ— in the State And we have already found the sad effects of it Now Gentlemen if Colledge have all this while under the name of a Protestant acted the part of a Papist though I cannot say he is a Papist nor that he is one of those Emissaries yet I may say he is not that good Protestant he pretends to be Gentlemen I must now to do him right come to repeat the Evidence that he hath given against our witnesses for Mr. Haynes he hath produced several witnesses one is Mr. Hickman who says he overheard Haynes say to one that was his Tenant that it was his Trade to swear and he must get money by it This â—e overheard him standing and listning at a door You have another man Lun that is the next Witness and he says that at the Fleet-ditch where he saw him there he declared the same thing to him that he would swear any thing for mony and dam his soul rather than the Catholick Cause should sink and now He comes to prove a Plot upon him that is a Protestant and in his person upon all the Protestants of England and this man would fain throw off the credit of the Popish Plot and turn it upon the Protestants But Gentlemen it is strange that Mr. Haynes should have this discourse with Lun the first time that ever he saw him for I am sure his own Witness Lun says it was the first time and that he should immediately talk to him at this rate is somewhat strange But for an Answer to it this Lun we have confronted with the Evidence of White the Messenger who swears that afterwards meeting him at Uxbridge Lun asked him what Gentleman that was and did not know Mr. Haynes and yet he takes upon him to prove that he had spoke such words to him before I think there is never another material Witness against Haynes except Whaley who was an under-Officer in the Kings-Bench and he says that Haynes whilst he was a prisoner there ran away with a silver Tankard but he never was indicted or prosecuted for it tho' he remained afterwards in the House and this was 5 or 6 years ago Now Gentlemen I think the nature of this Evidence hath not that weight as to take off the credit of what this man hath said upon his Oath especially when this mans Evidence is so backed with the Evidence of other men that I think there is no Objection at all against it For the other Witnesses Dugdale Smith and Turbervile are men whose credit has not been impeached and they have confirmed in substance what the Evidence of Haynes is so that he does not stand alone in what he here swears but 't is confirmed with concurrent Evidence with it Then Gentlemen for the Objection against Dugdale Turbervile and Smith they produced Dr. Oates to you and he must vilifie the credit of those men whose Testimony as to what he gave at first in discovering the Popish Plot received credit by being seconded by these men And I cannot but observe it as a strange thing that this man comes now to vilifie the Testimony of those who have given Evidence and been credited by the whole Kingdom that he should come here upon the word of a Priest to declare that Mr. Dugdale was a man of very lewd conversation and was a person that had a foul Disease on him when he pretended he was poysoned I remember this was an Objection that hath been made by the Papists to him and I believe you have heard it often out of their mouths but it is the first time that ever I heard it from any one that is a Witness of the Popish Plot and pretends to stand up for the Protestant Religion Gentlemen if any such thing as this could have been made out against him it had been made out e're now the Papists would have taken advantage of it and when the Wit of all that party was bent against him he could not have escaped the having it proved if it had been true yet Dr. Oates takes upon him now to vilifie his credit and takes up those Arguments the Papists have maliciously suggested but yet were
Papists signifie when in all the course of our Evidence there has been but one Irish and never a Papist But here have been great discourses about Macnamarra and Dennis and what it hath been for but to make a noise and raise a dust I can't tell for in this cause there has not been one Irish-man besides Haynes and never a Papist throughout the whole Evidence So that it is easie if men think it will take with the Auditory for a person to cry out Oh Lord we are all like to be undone here are Irish Witnesses brought against us and after all this stir there is but one Irish Witness and never a Papist And as for him truly Gentlemen I must take notice that even Colledge himself till such time as he was taken reckoned him an Honest man Colledge Never in my life Mr. Serj. Jeff. It was so said But I do say Gentlemen suppose which I do not admit that the Irishman he speaks of be out of the Case not that the Country is an objection against any mans testimony God forbid it should be so affirmed for truth is not confined to places nor to persons neither but applyed to all honest men be they Irish-men or others But I say set Mr. Haynes out of the case suppose there was no such man as Haynes in this case yet I must tell you Gentlemen you have as great a proof as possibly can be In the next place I must take notice to you of some account that hath been given of him by himself It is wonderful strange when there was that kindness of intimation given by the Court that he should do well to prove his Loyalty as well as his Religion that he did not produce some of his later acquaintance If this man that makes himself a Protestant would have it believed he is such I wish he would have brought some of those men that knew him at London to give you some account of him and not to stretch backward sixteen years to prove his Birth and Education that is not the best account sure a man can give of himself to say after he hath been talking at this disloyal rate that he is a good Protestant because he was thought so 18 years ago Again in the next place here is an account of the Libels given by the old woman that is his Sister Truly she would have it and that is another Libel at the Bar as though the man in the Red Coat with R. C. upon it had dropped this kind of Libel in his House and so he or somebody else put a trick upon him and because she would inveigle you to such an interpretation she says that they staid behind till the man in the Red Coat had fetched away the shavings and so here is a new Sham Plot to be put upon the Prisoner by dropping papers in his House a pretty kind of insinuation But Gentlemen against the Evidence of this Woman you have the very person that was there the Officer who swears that he and his Fellows came before the Waterman into the House But I suppose you observe how that notable talking maid and she does agree for the maid tells you there came a strange Fellow seven weeks before delivered these things into her hands her Master was abroad and she was not to enquire whence they came or what they were but paid him six pence for bringing those things Now 't is very strange that the Maid should pay for the bringing of those things and yet after that should imagine that somebody else should put them there But now Gentlemen in the next place I must tell you another thing which I would beg you to take notice of Here are two Gentlemen Mr. Bolron and Mr. Mowbray and they have given you an account that they have been Evidence against the Papists they did well in it but it hath been their misfortune hitherto they have not been believed but whether they have been believed or not before is no guidance to you at this time but that which is to guide you is whether or not they have given you now a testimony that you in your own Consciences can believe Now can you believe what they have said nay can you probably believe it without any circumstance to confirm it against those express objections that arise from themselves and against the Oath of the person when the one tells you so exactly of the twenty fifth twenty sixth twenty seventh and twenty eighth of July and the other tells you that Smith took Post and yet overtook them not till the Sunday after which was the third of August and when the Almanack is produced it was so far from making out what they spake of to be the same time that whereas one said he came to London the twenty eighth the others Almanack says it was the 27th then pray how do these persons agree when the one says that Mr. Smith talked with him upon the road the 28th and the other says that they 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 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 tried 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 blood 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 Protestants 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
they have found thee Guilty what canst thou say for thy self why the Court should not give Judgment on thee to dye according to the Law Coll. My Lord I have nothing more to offer but only that I am innocent of what is laid to my charge I think it was severe againste me now contrary to what was sworn at London They swear now I was to seize the King at Oxford In London they swore I would pluck the King out of Whitehall but 't is altered since and now 't is to seize the King at Oxford but be it either one or t'other for the one is as true as the other I am wholly innocent of either I never had such a thought in my life God forgive them that have sworn against me I have no more to say my Lord. L. c. j. Look you Mr. Colledge it is too late to profess your innocence you have been tryed and found guilty but because you say it now 't is necessary for me to say something in vindication of the Verdict which I think the Court were all very well satisfied with There were sufficient proofs to warrant it and the Jury did according to justice and right I thought it was a case that as you made your own defence small proof would serve the turn to make any one believe you guilty For as you would defend your self by pretending to be a Protestant It is wonder I must confess when you called so many witnesses to your Religion and Reputation that none of them gave an account that they saw you receive the Sacrament within these many years or any of them particularly had seen you at Church in many years or what kind of Protestant you were If we look to your words and actions it is true they did prove this that you were mighty violent and zealous in crying out against Popery and the Papists but if we look to your actions they savoured rather to promote the Papists ends For I must tell you the Papists are best extirpated and suppressed by a steady prosecution of the Laws against them not by violent crying out and putting the people into fervent heats and confusions for that is the thing the Papists aim at they have no hopes any other way to creep into the Kingdom but by confusion and after the Church is destroyed that is under God the best Bulwark against them But you that cryed so loud against the Papists it was proved here who you called Papists You had the boldness to say that the King was a Papist the Bishops were Papists and the Church of England were Papists If these be the Papists you cry out against what a kind of Protestant you are I know not I am sure you can be no good one But truly I thought you would have made better proof of that thing when you called so manny witnesses to that purpose And then if we look to your Politicks what opinion you had of the King it was proved by your discourse and by witnesses that you could have no exception to their testimony that you did justify the late horrid Rebellion and the consequences of that was the murder of the best King in the world that you should go to justifie the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justifie such a thing if there were the same circumstances would do the same thing again Then if we look upon another part of your defence as to your Arms it was objected you went armed to Oxon. and that was made the Evidence of the Overt Act when you said by words your intentions what you would do that you would make one to seize the King that you did go armed you did confess I expected you should have said you only wore those things for your own defence upon the road as a Gentleman travelling or went with your friends to accompany them out of Town and defend them from robbery but you said you went to guard the Parliament I did not understand what you meant by it I do not believe the Parliament sent for any Guard or intended to have any Guard I do not believe that any of them in their hearts thought they needed a Guard for I believe there was not a man that had any thing that looked like that for any thing of that nature For we saw that when the King by the necessity of his affairs when the two Houses differed so much was pleased to dismiss them they all departed quietly not a man was seen to be disturbed there was no appearance of any such thing and how it should come â—nto your head that were but a private man to go to guard the Parliament I much wonder Suppose all men of your condition should have gone to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might there have been on a sudden And though you say you are no man of quality nor likely to be able to do any thing upon the Kings Guards or the Kings person yet if all of your quality had gone upon the same design that you did what ill consequences might have been of it We see what has been done by Massianello a mean man in another Countrey what by Wat Tyler and Jack Straw in this Kingdom I confess I know not what you meant by it but very ill things might have hapned upon it So that these things when I look upon them and consider the complexion of your defence it makes an easie proof have credit But I think there was a full proof in your case yet I say if there had been a great deal less proof the Jury might with justice have found you guilty And because you now declare your self innocent of all you are charged with I think my self bound to declare here in vindication of the Countrey and in vindication of the justice of the Court that it was a Verdict well given and to the satisfaction of the Court and I did not find my Brothers did dislike it This I say to you out of charity that you may incline your mind to a submission to the justice that has overtaken you and that you may enter into charity with all men and prepare your self for another life There is nothing now remaining but to pronounce the Sentence which the Law provides for such an Offence which is this and the Court does award That you Stephen Colledge shall be carried from hence to the place from whence you came and from thence you shall be drawn on an Hurdle to the place of Execution where you shall be hanged up by the Neck and be cut down alive your Privy-members shall be cut off and your Bowels taken out and burnt before your face your Head shall be cut off from your Body your Body be divided into four quarters which are to be at the Kings dispose and the Lord have mercy upon your Soul Colledge Amen My Lord I would know what time your Lordship is pleased to appoint for my preparation Lo. ch just That will depend upon the King's pleasure We do not use in these cases of High-Treason to precipitate the Execution but we will leave such order with the Sheriff to receive the King's pleasure and obey it He will not do it so sudden but that you shall have notice to prepare your self but it depends upon the King's pleasure for your body is to be at his dispose Then the Court adjourned And on Wednesday the 31. of August 1681. being the day appointed by His Majesty for his Execution He was according to Sentence executed over against the Gate of the Castle at Oxford FINIS
〈◊〉 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 Sir FRANCIS NORTH Lord Chief Justice of the Court of Common-Pleas and other Commissioners of Oyer and Terminer and Goal-Delivery held at the City of Oxon. for the County of Oxon. the 17th and 18th of August 1681. 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. DVBLIN Printed by Joseph Ray at Colledge-Green for a Society of Stationers 1681. TO THE KINGS MOST EXCELLENT MAJESTY The Humble Petition of Stephen Colledge now Prisoner in Your Majesties 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 prays 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 Mr. 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 matter 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 M. Smith M. Thompson M. 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 days before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton Court Aug. 11. 1681. IT is Ordered vp 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 Raymond Mr. Justice Levyns On Wednesday the 17th 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 Lo. Ch. Just North. GEntlemen You that are returned of the Grand Inqust 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 hereabout 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 Sovereign 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