you delivered to him in the Tower Colledge The three pieces joyned together that contains Directions how to Govern my self there is another of the same purpose which instructs me to demand a Copy of the Indictment and of the pannel of the Jury and those were Instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you Plead speak to this Purpose Pray my Lord I desire that may be Examined and Mr. Smith may be called to give an Account how he came to give the Prisoner those Papers for here are abundance of Niceties proposed for him to move and there will be a strange sort of Proceedings at this rate if men go about to espouse the Cause of Traytors Colledge I am noe Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that Morning as I am Informed Mr. Att. Gen. Here is a List of the Names of several men of the Country returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that Paper my Lord Mr. Att. Gen. No I hope not L. C. J. Whether they are Material or not Material If we should judge them not Material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in Case there were a Crime in the delivering of them that would not do well on the other side Therefore I would have these Papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another Account Mr. Att. Gen. But if it please your Lordship I desire you would enter into the Examination of this Matter for I have an Account from London by a special Messenger that there are several Persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another Paper which is a List of men as Witnesses picked up together against the King's Witnesses L. C. J. He must have that deliver him that presently Mr. Att. Gen. But my Lord others have gone about and framed Witnesses for him L. C. J. You must give him the List of his Witnesses for I see not what use you can make of it Mr. Serj. Jefferies This no man will oppose sure if any thing that is delivered to him be fit to be delivered the Person that delivers it must come and own it but before any Person delivers any Papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those Papers mean and who gave them L. C. J. Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be Proper for us to enter into the Consideration of it But in the mean while what hurt is there If the Papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life tho he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. Jefferies With Submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask Counsel of Persons and bring it in Papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Counsel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is L. C. J. What think you of our perusing the Papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good Condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to Plead dilatories College Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your Judgment about them when you have perused them Then the Judges looked upon that Paper that was called the Speech L.C.J. We have read enough of this to suppress it and to examine it how this came to his hands Mr. Just Jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse then that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two Papers to the Prisoner Mr. Smith Doe's any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. C. J. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe Custody only to secure him till we can examine it not as charged with any Crime but only that he may be forth-Coming to be Examined Mr. Att. Gen. You do not make a direct Answer Mr. Smith in the Case it will be proved upon you Mr. Smith Mr Attorney I know not what Answer to make better then I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be Examined Mr. Smith I come to give no Informations here Mr. Attorney If I did I should be then Examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. C. J. Mr Attorney you will take a Recognizance of Mr. Smith to be forth-Coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you Leave to go to the Prison I did not think you would have abused that Kindness to give him Papers L. C. J. Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. C. J. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I declare I abhor that Expression to be so interpreted that I reflected upon the Court. L. C. J. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town tho I have not spoke one Word in any publick Company since I came Mr. Just Jones It seems
and neither Mr. Attorny nor Mr. Solicitor nor no Body else shall come to them till they be agreed of their Verdict Mr. Just Jones If that be the thing you ask you shall have it according to the Law Colledge And any Friend of mine may be by L. Ch. Justice There shall be an Officer sworn to keep them Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned Proclamation being made for attendance the Court sent to see whether the Jury were agreed who immediately came in to Court Cl. of Cr. Gentlemen are you agreed of your Verdict Om. Yes Cl. of Cr. Who shall say for you Om. Foreman Cl. of Cr. Stephen Colledge Hold up thy hand look upon him you of the Jury How say you is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. Look to him Goaler he is found Guilty of High Treason what Goods c. At which there was a great shout given at which the Court being offended one Person who was observed by the Cryer to be particularly concerned in the shout was Committed to Goal for that Night but the next Morning having received a publick reproof was discharged without Fees Then it being about 3 a Clock in the morning the Court adjourned to 10. At which hour the Court being sate and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of Kings-Bench L. Ch. Justice Where is the Prisoner Stephen Colledge Cl. of Cr. Set up Stephen Colledge Then the Prisoner was brought to the Bar. Cl. of Cr. Hearken to the Court and hold up thy hand Thou hast been Indicted and Arraigned of High Treason and for thy Tryal hast put thy self upon thy Country and they have found thee Guilty what canst thou say for thy self why the Court should not give Judgment on thee to dye according to the Law Colledge My Lord I have nothing more to offer but only that I am innocent of what is laid to my charge I think it was severe against me now contrary to what was sworn at London They swear now I was to seize the King at Oxon. In London they swore I would pluck the King out of Whitehall but 't is altered since and now 't is to seize the King at Oxon but be it either one or to'ther for the one is as true as the other I am wholly innocent of either I never had such a thought in my Life God forgive them that have sworn against me I have no more to say my Lord. L. Ch. Justice Look you Mr. Colledge it is too late to profess your innocence you have been tryed and found Guilty but because you say it now 't is necessary for me to say something in vindication of the Verdict which I think the Court were all very well satisfied with There were sufficient proofs to warrant it and the Jury did according to Justice and right I thought it was a Case that as you made your own defence small proof would serve the turn to make any one believe you Guilty For as you would defend your self by pretending to be a Protestant It is wonder I must confess when you called so many Witnesses to your Religion and Reputation that none of them gave an account that they saw you receive the Sacrament within these many years or any of them particularly had seen you at Church in many years or what kind of Protestant you were If we look to your Words and Actions it is true they did prove this that you were mighty violent and zealous in crying out against Popery and the Papists but if we look to your Actions they favoured rather to promote the Papists ends For I must tell you the Papists are best extirpated and suppressed by a steady Prosecution of the Laws against them not by violent cryings out and putting the People into fervent heats and confusions for that is the thing the Papists aim at they have no hopes any other way to creep into the Kingdome but by Confusion and after the Church is destroyed that is under God the best Bulwark against them But you that cryed so loud against the Papists it was proved here who you called Papists You had the boldness to say that the King was a Papist the Bishops were Papists and the the Church of England were Papists If these be the Papists you cry out against what a kind of Protestant you are I know not I am sure you can be no good one But truly I thought you would have made better proof of that thing when you called so many witnesses to that purpose and then if we look to your Politicks what Opinion you had of the King it was proved by your discourse and by witnesses that you could have no Exception to their Testimony that you did justify the late horrid Rebellion and the Consequents of that was the murder of the best King in the World that you should go to justify the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justify such a thing if there were the same Circumstances would do the same thing again Then if we look upon another part of your defence as to your Arms it was objected you went armed to Oxon and that was made the Evidence of the Overt Act when you said by words your intentions what you would do that you would make one to seize the King that you did go armed you did confess I expected you should have said you only wore those things for your own defence upon the Road as a Gentleman travelling or went with your Friends to accompany them out of Town and defend them from Robbery but you said you went to Guard the Parliament I did not understand what you meant by it I do not believe the Parliament sent for any Guard or intended to have any Guard I do not believe that any of them in their Hearts thought they needed a Guard for I believe there was not a man that had any thing that looked like that or any thing of that nature For we saw that when the King by the necessity of his Affairs when the two Houses differed so much was pleased to dismiss them they all departed quietly not a man was seen to be disturbed there was no appearance of any such thing and how it should come into your head that were but a private man to go to guard the Parliament I much wonder Suppose all men of your condition should have gon to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might have been on a sudden And though you say you are no man of quality nor likely to be able to do any thing upon the Kings guards or the Kings Person yet if all of your quality had gon upon the same design that you did what ill Consequences might have been of it we see what has been done by Massianello a mean Man in another Country what by Wat Tyler and Jack Straw in this Kingdom I confess I know not what you meant by it but very ill things might have happened upon it So that these things when I look upon them and consider the complexion of your defence it makes an easie proof have credit But I think there was a full Proof in your case yet I say if there had been a great deal less proof the Jury might with Justice have found you Guilty And because you now declare your self innocent of all you are charged with I think my self bound to declare here in Vindication of the Country and in vindication of the Justice of the Court that it was a Verdict well given and to the satisfaction of the Court and I did not find my brothers did dislike it This I say to you out of Charity that you may incline your mind to a submission to the Justice that has overtaken you and that you may enter into Charity with all men and prepare your self for another Life There is nothing now remaining but to pronounce the Sentence which the Law provides for such an Offence which is this and the Court does award That you Stephen Colledge shall be carried from hence to the Place from whence you came and from thence you shall be drawn on an Hurdle to the Place of Execution where you shall be hanged up by the Neck and be cut down alive your Privy Members shall be cut off and your Bowels taken out and burnt before your Face your Head shall be cut off from your Body your Body be divided into four Quarters which are to be at the Kings dispose and the Lord have Mercy upon your Soul Colledge Amen My Lord I would know what time your Lordship is pleased to appoint for my Preparation L. Ch. Justice That will depend upon the Kings pleasure we do not use in these cases of high Treason to precipitate the Execution but we will leave such Order with the Sheriff to receive the Kings pleasure and obey it He will not do it so sudden but that you shall have Notice to prepare your self but it depends upon the Kings pleasure for your Body is to be at his dispose Then the Court adjourned And on Wednesday 31. of Aug. 1681. Being the Day appointed by His Majesty for his Execution he was according to Sentence Executed over against the Gate of the Castle at Oxford FINIS
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
him in my life any more then seeing him in a publick Coffee-house But there was a Picture looking on by 7 or 8 or 10 People I believe more or less and I coming and crowding in my head amongst the rest looked upon this Picture After the Crowd was over Mr. Colledge takes a Picture out of his Pocket and said he I will give you one of them if you will So he gives me a Picture which Picture if I could see I could tell what it was it was written Mac a Top and there were several Figures in it Then the Picture was shewed him This is one of the same that I had of him and I had not had it long in my Custody but meeting with Justice Warcupp I shewed it him who bid me give it him and so I did The next thing that I did see Mr. Colledge do was in the Coffee-house not the same day but another time I saw him bring in a parcel of blew Ribband which was wrought and these words eight times wrought in it twice wrought in every Quarter of a Yard No Popery No Slavery I saw him sell to a Member of Parliament as I took him to be a yard of that Ribband for 2 s. and truly I was thinking he would ask me to buy some too and I saw that Gentleman I took him to be a Parliament man take this Ribband and tye it upon his Sword As to the other thing I have to say of Mr. Colledge That very day the Parliament was Dissolved he had been in a Quarrel as he told me with Mr. Fitz Girald and I was standing in the Schoole-house Yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Mr. Fitz Girald had spit in his face and said he I spit in his face again so we went to Loggerheads together I think that was the word or fifty Cuffs So said I Mr. Colledge your Nose bleeds he takes his handkerchief out of his Pocket and wipes his Nose and said I have lost the first blood in the Cause but it will not be long before more be lost L. C. Just Where was this Sir William Jennings In the Schoole-house Yard at Oxon. I never discoursed with him afterwards till I met him at London in Fleet-Street one Sunday in the Afternoon and I remember Captain Crescett was along with me And when he came up to me How now said I honest Joyner Sayes he You call me honest Joyner some call me Rogue and Rascal and I have been beating some of them So that I believe they will be aware of it So I told Captain Crescett I never met this man but he was always in a Quarrel Colledge Was it on a Sunday that I told you I had been beating of some body Sir William Jennings You told me so Captain Crescett was by Colledge I do remember I met you but I did not tell you I had been then beating any one But pray Sir William when I met you after the Parliament was Dissolved and Fitz Girald and I had quarrel'd did I say That I had lost the first blood in the Cause but it would not be long e're more were lost Sir William you are a Gentleman as for the other men they don't care what they say nor do I so much regard them but you value your Word and Honour These were my words and pray will you recollect your self before you be positive in the thing whether I did not say I have lost the first blood for the Parliament for it was upon my vindicating of the Commons and Doctor Oates whom Fitz Girald had abused and upon that the Quarrel began so I said when you met me and told me my Nose bled I have lost the first blood for the Parliament I wish it may be the last Sir William Jennings Mr. Colledge If you please I will answer you as to that I do assure you t is the first time that ever I came upon this occasion in my days and I have declared it before and do declare it now I would rather have served the King in 3 Ingagements then come in against you or any man upon such an Occasion But I declare to you upon the whole memory of the truth the words were as I spoke them at first and no Parliament named or mentioned And my Lord moreover I will tell you When I did tell this story because Mr. Crescett that is here is able to tell you whether I did not relate the words within half an hour or a little time after Now I never had a prejudice against you in my days nor other Concern but having told Mr. Justice Warcupp this Story I am brought hither to testifie it Colledge Sir William I am very sorry you did not better observe and remember my words then Sir William Jennings I must needs say I could not imagine what the words meant when they were spoken nor do I understand them to this day but soon after they were spoken I related them to Justice Warcupp he being a Justice of Peace Mr. Serj. Holloway Gentlemen we shall rest here and conclude our Evidence for the King at present to hear what the Prisoner says to it only with my Lords leave I shall explain the words to you that are in the Indictment and tell you what is meant by Compassing and Imagining the Death of the King The Seizing the Person of the King is in Law a Compassing and Intending his Death and so it hath been adjudged in several Cases as in 1 Jacobi my Lord Cobham and my Lord Greys Case and several other Cases and so you may fully apprehend what the Charge is and may understand the words in the Indictment That if you are not satisfied with the general words of Compassing the King's Death you may know that the Seizing his Person extends to it Mr. Serj. Jefferies My Lord we have done with our Evidence now let him go on with his L. Chief Justice Now Mr. Colledge you may say what you will for your defence and call your Witnesses that you have to produce Colledge My Lord I have heard this Evidence that is against me and I would desire your Lordship to resolve me some Questions upon it I think the Indictment is for Treasonable Practices for a Conspiracy now I desire your Lordship will be pleased that I may know from you and the Court whether in all this Evidence given in proof against me a Conspiracy is proved or if any thing appears besides what they say I said L. Chief Justice For a Conspiracy in you If the Witnesses speak Truth there is a plain proof and of the degrees of it First of all By your publishing Libels and Pictures to make the King Odious and Contemptible in the Eyes of the People and that you should be the Author of some of those Pictures and they were found in your Custody Colledge I conceive that is not proved L. Chief Justice If the
said of himself But there is one thing more about an Intelligence When Thompson had written something in his Intelligence concerning Bryan Haynes he said he would write an Answer to it and accordingly he read it to us he said he was going that Evening to get it put into one of the Intelligences the words were to this purpose Whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the dissenting Protestants L. Ch. Just Did he publish that in the Intelligence Mrs. Hall I never read it published but he had writ it and read it to us several times Mr. Attorn Gen. Do you go to Church Mistress Mrs. Hall I hope I do Sir Geo. Jeff. To what Church Coll. Call Mary Richards Mrs. Halls Maid Who stood up L. Ch. Just What will you ask her Coll. Do you know this Bryan Haynes pray Richards Yes he lodged there where I lived Coll. What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thomson in his Intelligence accusing him of having spoken Treason he read what he said he would put into the Intelligence That he never spake one word of Treason and he writ it for his own vindication that whereas Nathaniel Thomson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable Words there was no such thing L. Ch. Just And that was to vindicate him that he never did speak any Treasonable Words Richards Yes L. Ch. Just Will you ask her any thing else Coll. I cannot tell what she says L. Ch. Just She says he writ something that was in Answer to Thomson's Intelligence to vindicate himself that he never did speak any Treasonable Words Coll. But did you hear him say any thing of these words that he was employed in a Plot against the Protestants Richards I read that in what he writ to put in the Intelligence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had a hand in putting the Plot upon the dissenting Protestants and he telling my Mistress he had a Message from the King offering him his Pardon I asked him why he did not accept the King's Pardon Alass said he you do not understand what I was to do for it I was to do such base things so beneath a Man that I will never do them I had five hundred Pounds offered me besides the King's Pardon to do such base things as are beneath a Man to do Coll. What were the base things he said he was to do and would not do Richards I cannot tell he did not say to me what they were Mr. Attorn Gen. When was this Richards It was a Week before he was taken Mr. Attorn Gen. That is two Months ago Coll. It was since the Parliament sat at Oxford But what was that he was employed to do did he say Richards Why he said in his Answer to the Intelligence he was one that had an hand to put the Plot upon the dissenting Protestants Coll. Call Mrs. Wingfield who appeared L. Ch. Just What is your Christian Name Mrs. Wingfield Mary L. Ch. Just What do you ask her Coll. Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Coll. What do you know of him Mrs. Wingfield I know nothing of him but he is an honest Man he married my Daughter and always carried himself like a Gentleman he scorns the thing that is unhandsome and never did any thing that is unhandsome in my life Mr. Serj. Jeff. Pray how came you by this Witness Have you any more of them Coll. I never saw her before but I believe she hath said something else in another place Did you ever say the contrary pray Mrs. Wingfield No body can say so and I had done the Gentleman a great deal of wrong if I had Coll. Call Mr. Whaley Who appeared L. Ch. Just What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Attorn Gen. Where do you dwell Sir Mr. Whaley At the Hermitage beyond the Tower Coll. I don't know you Sir but what do you know of him Mr. Whaley I never saw you Sir till to day but that which I think I am called for is this though it was upon Sunday that I receiv'd this same Subpoena to come down hither but about six Years ago Bryan Haynes was a Prisoner in the King's Bench and he came down to the Cellar which I had taken of the Marshal to sell Drink in and coming down to drink in one of the Rooms of the Cellar that belong to me he took away a Tankard and went up with it One of the Men followed him up so I went to the Marshal to complain and told him of it and the Marshal took him from the Master's Side and put him into the Common Side That is all I know of him any way directly or indirectly L. Ch. Just Why did you not indict him of it Mr. Whaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Master's Side into the Common Side L. Ch. Just He was no good Justice of the Peace in the mean time Coll. Call Mr. John Lun Who appeared Do you know Bryan Haynes Mr. Lun Mr. Lun I have seen him twice the first time I ever saw him was I went into the Derby-Ale-House to enquire for one Miclethwayte a Kinsman of mine and there this Bryan Haynes was in a little Room next the Ditch near the Door that goes out there as if he were asleep and he roused himself up and as I was walking there Sir said he will you take part of a Tankard with me That was his expression With that said I I do not care if I do And the first thing he began was the King's Health then the Queens then the Duke of York's then he fell very foul against the Grand Jury because they had not found the Bill against Colledge who is a Gentleman that I never saw before in my life but once as I know of and he said my Lord Shaftsbury was a little Toad but he would do his business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Money but he would help him to Money enough out of the Phanaticks Estates And he said they would damn their Souls to the Devil before the Catholick Cause should sink Mr. Serj. Holloway When was this Mr. Lun It was three or four days after the Bill was brought in Ignoramus by the Grand Jury Mr. Just Jones Was he alone Mr. Lun Yes he was Coll. Is that all you have to say Mr. Lun One thing more my Lord. On
Serj. Jeff. Whereabouts Mr. Zeal In Fetter-lane Mr. Serj. Holl. What Countryman are you Sir Mr. Zeal Somersetshire Mr. Attorn Gen. Whereabouts in Somersetshire were you born Mr Zeal By Sir Portman's within six Miles of him Mr. Serj. Jeff. What Trade Sir Mr. Zeal No Trade Mr. Serj. Jeff. Have you any Estate Mr. Zeal My Father has I was bred to wait upon a Person of Quality Coll. Do you know Turbervile Sir Mr. Zeal Yes Sir I do Coll. What do you know of him Mr. Zeal Sir I know nothing but what Mr. Ivy told me with his own mouth L. Ch. Just Do you know any thing of your own knowledge Mr. Attorn Gen. Has Mr. Turbervile told you any thing Mr. Zeal Not concerning Mr. Colledge he has not Coll. Ivy was amongst them Mr. Zeal Yes my Lord he was the first that swore this Presbyterian Plot. L. Ch. Just We know of no Presbyterian Plot. Coll. Can you say nothing of your own knowledge concerning Turbervile Mr. Zeal Nothing but what Mr. Ivy told me Mr. Serj. Jeff. That is not of your own knowledge and so it is nothing for he is not produced in this Cause Coll. Pray my Lord give me leave to call Mr. Ivy. Mr. Serj. Jeff. Do if you will He stood up Coll. What was that you heard Turbervile say of me or of any Presbyterian Plot Ivy. I never heard him say any thing concerning a Presbyterian Plot in my life Coll. Did not you tell Zeale of such a thing Ivy. No I never did Coll. Hark you Mr. Ivy you have sworn against me have you not Ivy. What I have sworn against you or any other person is true Coll. What have you sworn against me Ivy. I am not bound to answer you Coll. Did not you call me out with Macnamarra and Haynes to the Hercules Pillars L. Ch. Just Look you Mr. Colledge I will tell you something for Law and to set you right whatsoever Witnesses you call you call them as Witnesses to testifie the truth for you and if you ask them any Questions you must take what they have said as truth therefore you must not think to ask him any Question and afterwards call another Witness to disprove your own Witness Coll. I ask him was he the first time with us when I was called out of the Coffee-house to hear Haynes's Discovery L. Ch. Just Let him answer you if he will but you must not afterwards go to disprove him Coll. If he were sworn against me I would not ask him any Questions for he is among them L. Ch. Just Ask him what you will Coll. I desire not if he have sworn against me for truly I can't expect a good Answer from him but he was by when Haynes made his Discovery L. Ch. Just Will you ask him any Questions Coll. I ask whether he hath given any Evidence against me any where Ivy. I am not bound to answer you L. Ch. Just Tell him if you have Ivy. Yes my Lord I have Coll. Then I think he is no good Witness for me when he hath sworn against me Ivy. I have sworn against him and others You know that you and I have had a great many Intrigues about this business in hand and how we dealt with Mr. Haynes L. Ch. Just Look you he does not call you for a Witness for him you can testifie nothing and so you must be quiet Coll. Call Mr. Lewes Who appeared L. Ch. Just What is your Christian Name Mr. Lewes William Coll. Pray Mr. Lewes what do you know about Turbervile Mr. Lewes I know nothing at all I assure you of him that is ill Coll. Do you know any thing concerning any of the Evidence that hath been given here Mr. Lewes If I knew any thing relating to you I would declare it but I know something of Mr. Ivy it has no relation to you as I conceive but against my Lord of Shaftsbury L. Ch. Just You would call Ivy for a Witness and now you call one against him and that I told you you must not do but Ivy is not at all in this Case Coll. Do you know any thing of the rest of them Haynes or Smith or Dugdale Mr. Lewes No more than what Mr. Zeale told me was told him Coll. Do you know any thing of a Presbyterian Plot Mr. Lewes If the Court please to hear me I will tell my knowledge of that but I know nothing that affects him in the least only that which concerns my Lord of Shaftsbury L. Ch. Just That is nothing to the purpose call another Mr. Lewes There was not to my knowledge a word mentioned of your Name I will do you all the Justice I can if I knew any thing concerning you I would be sure to relate it Coll. I cannot say who can or who cannot I am a Stranger to all of it L. Ch. Just Well call your next Witness Coll. My Lord there was a Petition presented to the Common Council of London wherein they set out that they were tamper'd withal about a Plot against the Protestants L. Ch. Just A Petition from whom Coll. I cannot tell from whom from some of these Witnesses L. Ch. Just Who preferred and signed it Coll. Mr. Turbervile was one Pray call Doctor Oates L. Ch. Just The Prisoner calls upon you Mr. Oates What would you ask him Mr. Colledge Coll. Where is the Petition to the Common Council Doctor Dr. Oates I have it here in my hand L. Ch. Just By whom was it presented Dr. Oates It was given by Mr. Turbervile and Mr. Macnamarra to Mr. Wilmore L. Ch. Just Was you present when it was delivered Dr. Oates Mr. Wilmore did deliver it to me before he was apprehended for being to come down as a Witness he was taken up and committed to Prison L. Ch. Just Whose Hands are to it Dr. Oates I know Mr. Turbervile's Hand he will not disown it Clerk Reads It is subscribed Edward Turbervile John Macnamarra L. Ch. Just Look you Mr. Colledge what word is there in all this Petition that is a contradiction to what they have said now Coll. I did not hear it my Lord. L. Ch. Just They say they are constant Witnesses for the King against the Papists and they have been tempted to unsay what they have said how does that contradict what they say now Coll. I suppose they say they have been tempted to turn the Plot upon other people and to make a Plot upon the Protestants L. Ch. Just They have been tempted they say by the Papists to unsay what they have said but the Jury have heard it read and will give it its due weight Will you ask Mr. Oates any Questions Coll. What do you know of Mr. Turbervile Dr. Oates As to Turbervile my Lord a little before the Witnesses were sworn at the Old Bayley I met with Mr. Turbervile I was in a Coach but seeing Mr. Turbervile I stept out of the Coach and spoke with him for hearing that he was a Witness
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
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