copy of the Indictment and of the pannel of the Jury and those were instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you plead speak to this purpose Pray my Lord I desire that may be examined and Mr. Smith may be called to give an account how he came to give the Prisoner those papers for here are abundance of niceties proposed for him to move and there will be a strange sort of proceedings at this rate if men go about to espouse the cause of Traytors Colledge I am no Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that morning as I am informed Mr. Att. Gen. Here is a list of the names of several men of the Countrey returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that paper my Lord Mr. Att. Gen. No I hope not Lo. ch just Whether they are material or not material if we should judge them not material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in case there were a crime in the delivering of them that would not do well on the other side therefore I would have these papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another account Mr. Att. Gen. But if it please your Lordship I desire you would enter into Examination of this matter for I have an account from London by a special Messenger that there are several persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another paper which is a List of men as Witnesses picked up together against the Kings Witnesses Lo. ch just He must have that deliver him that presently Mr. Attorn Gen. But my Lord others have gone about and framed Witnesses for him L. Ch. Just You must give him a list of his Witnesses for I see not what use you can make of it Mr. Serj. jeff. This no man will oppose sure if any thing that is delivered to him be fit to be delivered the person that delivers it must come and own it but before any person delivers any papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those papers mean and who gave them Lo. Ch. Just Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be proper for us to enter into the consideration of it But in the mean while what hurt is there if the papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life though he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. jefferies With submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask counsel of persons and bring it in papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Councel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is Lo. Ch. Just What think you of our perusing the papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to plead dilatories Colledge Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your jugdment about them when you have perused them Then the Judges looked upon that paper that was called the Speech L. c. j. We have read enough of this to suppress it and to examine it how this came to his hands Mr. just jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse than that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two papers to the Prisoner Mr. Smith Does any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. c. j. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe custody only to secure him till we can examine it not as charged with any crime but only that he may be forth-coming to be examined Mr. Att. Gen. You do not make a direct answer Mr. Smith in the case it will be proved upon you Mr. Smith Mr. Attorney I know not what answer to make better than I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be examined Mr. Smith I come to give no Informations here Mr. Attorney if I did I should be then examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. c. j. Mr. Attorney you will take a Recognizance of Mr. Smith to be forth-coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you leave to go to the Prison I did not think you would have abused that kindness to give him papers Lo. ch just Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. c. j. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I dealare Jabhor that Expression to be so interpreted that I reflected upon the Court. L. c. j. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town though I have not spoke one word in any publik company since I came Mr. just jones It seems you will reflect here in the face of the Court and in the face of the Countrey upon the Government upon the justice of the Kingdom Mr. Smith No my Lord I have told
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. Ser. Jeff. Do if you will He stood up Coll. VVhat 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 Colledge Did not you tell Zeal of such a thing Ivy. No I never did Coll. Heark you Mr. Ivy you have sworn against me have you not Ivy. What I have sworn against you or against any other person is true Coll. VVhat 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. c. j. 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. c. j. 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 Lo. 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. c. j. 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. c. j. Tell him if you have Ivy. Yes my Lord I have Colledge 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. c. j. 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. c. j. 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 Colledge 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 Lo. c. j. 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. Zeal 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 Lo. 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 Lo. c. j. A Petition from whom Coll. I cannot tell from whom from some of these witnesses L. c. j. Who preferred and signed it Coll. Mr. Turbervile was one Pray call Dr. Oates L. c. j. The Prisoner calls upon you Mr. Oates What would you ask him Mr. Colledge Coll. VVhere is the Petition to the Common Council Doctor Dr. Oates I have it here in my hand Lo. ch just By whom was it presented Dr. Oates It was given by Mr. Turbervile and Mr. Macnamarra to Mr. VVilmoe Lo. ch just Was you by when it was delivered Dr. Oates Mr. VVilmore 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 Lo. 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. c. j. Look you Mr. Colledge what word is there in all this Petition that is a contradiction to what they have said now Colledge I did not hear it my Lord. Lo. 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. c. j. 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 Colledge What do you know of Mr. Turbervile Dr. Oates As to Turbervile my Lord a little before the Witnesses were sworn at the Old-Bailey I met with Mr. Tubervile 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 I did ask him whether he was a Witness or no against Colledge Mr. Turbervile said He would break any one's Head that should say so against him for he neither was a Witness nor could give any Evidence against him So after he came from Oxon. I met with Mr. Turbervile again and hearing he had been there I asked him if he had sworn any thing against Colledge He said yes he had been sworn before the Grand Jury Said I did not you tell me so and so Why said he the Protestant Citizens have deserted us and God dam him he would not starve Lo. c. j. Would he say so to you Dr. Oates Yes my Lord He said those very words Mr. Serj. jeff. 'T is Mr. Oates saying 't is Mr. Turbervile's Oath Dr. Oates Several times he did repeat it but when I asked him what he had sworn He said I am not bound to satisfie peoples curiosities L. c. j. What say you to it Mr. Turbervile Mr. Turbervile My Lord the first part of the Doctor 's discourse in part is true I met him just at my Lodgings
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
brought back to me and taken away but to day I desire they may be returned Cl. of Cr. Are you Guilty or not Guilty Colledge Those Papers tell me I have a Plea in Law but what it is I cannot directly tell without my Papers Lo. ch just You must mention it and propose it and then we will do what is fitting for us to do in it Colledge I have not that method about me nor can I directly tell it without my Papers but 't is something of Law about the Indictment Lo. ch just You are not bound up to forms of Law For if you propose the matter never so loosely yet if it be a matter of avail and that which the Law is not clearly against you in you shall have Councel and time to draw it up in form Colledge I cannot propose the matter so regularly as if I had my Papers Mr. just jones You are not bound to propose it in formality of Law my Lord tells you only let us know what it is Colledge I have a priviledge in Law I hope you will give me the benefit of it Lo. ch Just We will deny you nothing that the Law gives you but we cannot give you councel It is not one particular case but the common course of Justice is concerned Without a matter of Law arises we cannot assign you Counsel if we would we cannot in Justice till you have proposed the matter which the Court thinks fit to be argued Colledge My Lord Coke says It is the Birth-right of every English-man to have Councel in matters of Law and Lilburne had it upon solemn Argument in his Tryal Mr. just jones What times were those That was before the High Court of Justice Mr. Att. Gen. If there be matter in Law it must be proposed to the Court and they are to judge whether it be a Point fit to be argued and then Councel is to be assigned you and not till then Colledge My Lord I know not but there may be somewhat in Law for me to plead to this Indictment till I have my Papers I can't tell what it is Lo. ch just We know nothing of your Papers what they are you must answer whether you be Guilty or not Guilty Colledge If I had my Papers I would answer to it immediately but I hope I shall not be murdered Mr. just jones Have a care of aspersing the Court. Pray who intends to murder you Mr. Serj. jefferies I remember in Lilburn's Tryal that he speaks of such words were used indeed Colledge My Lord I hope I shall not be deny'd what is necessary for my defence This design is not only against me but against all the Protestants Mr. Art Gen. How long have you been a Protestant Mr. Colledge Colledge Ever since I knew what Religion was Sir I never was any thing else For Gods sake my Lord let me have the justice of the Nation and what by Law an English-man ought to have Lo. ch just You must plead Guilty or not Guilty or you must shew some matter that you will plead that is proper for us to assign you Councel If we should record your refusal you would be judged to stand Mute and Sentence would pass upon you Colledge If I have a priviledge in Law as an English-man I will not forfeit it if I can help it for any thing in the world Therefore I desire I may have my Papers again that I may see if I can plead any thing in Law for if I have a priviledge by the Law before I will forfeit it you shall do what you please with me Lo. ch just You 'll have the advantage of all that matter that is in your Papers after you have pleaded if there be any advantage Colledge Pray my Lord order me my Papers that were taken away from me Lo. ch just They were not taken away by me Colledge They were taken away by the Keeper under pretence to bring them to your Lordship L. ch just I know not how you came by them There came one to me last night that is a common Sollicitor one Aaron Swith and desired he might have liberty to go and speak with the Prisoner I told him I did not understand till he were assigned by the Court that any could justifie Solliciting for a man that is accused of High Treason nor could any be of Councel till they were assigned for a defence against Treason ought to be by plain matters of Proof and Fact and not by artificial Cavils But if you will propose any thing of substance as a matter in Law which the Court shall think fit to be argued propose it and then we will assign you Councel Colledge Is it not my right that I ought to have a copy of the jury Lo. ch just Look you for that now you cited the Opinion of the Judges of the Kings-Bench My Brothers two of them that are here who are Judges in that Court say they know nothing of any such matter But I must tell you you have liberty by Law to challenge 35. by your sight premptorily without shewing cause They are bound to look upon you when they come to be sworn and if you have any just cause you may except against as many more as as you will But now we that proceed upon a Commission of Gaol-delivery are to proceed with expedition there are no particular men designed for a Jury that I know of But when you have pleaded we shall award the Sheriff to impannel a Jury Colledge If the Law allow me the liberty of challenging it does intend it me that I may challenge those persons that I think will do me no justice but where they are strangers unto me if I can have no information about any of them by my own enquiry or my friends I may challenge my friends as well as my foes and should there be any person that has a prejudice against me and I not know it he may chance to be one L. c. j. I hope they will be neither friends nor foes but true men Coll. I know not that my Lord. Mr. just jones This that you say as to a copy of the Jury is unseasonable There is no Jury nor can be awarded till you have pleaded There must be first Issue joyned and that cannot be but upon your Plea of not Guilty Therefore you must plead first and then say all you will Cl. of cr Are you Guilty or not Guilty Coll. My Lord may not I have a pannel of the Jury Mr. just jo There is no such thing in being Coll. I know not what to say to it pray my Lord let me have my papers Cl. of cr You have heard the opinion of the Court you must first plead Coll. I cannot plead first I must lose my life if I must I neither know who accuses me nor what it is they accuse me of 't is impossible I should defend my self if I have not my papers L. c. j. We know not what papers you
you what I meant by it I neither reflected upon the Court nor upon the Government nor upon the Justice of the Kingdom Lo. ch just You should have done well to have forborn such expressions as those were Colledge Shall I not have the use of the papers my Lord will you not please to deliver them back to me now you have perused them Mr. just jones One of them is a Speech and a most seditious libellous Speech to spit venom upon the Government in the face of the Countrey We cannot tell who made it but it seems to be beyond your capacity and therefore we must enquire into it but we do not think fit to let you have the use of that paper L. ch just For that which contains the names of the Witnesses that you have again For the other matters the instructions in point of Law if they had been written in the first person in your own name that we might believe it was your Writing it would have been something but when it is written in the second person you should do so and so by which it appears to be written by another person It is an ill president to permit such things that were to give you councel in an indirect way which the Law gives you not directly Coll. If I am ignorant what Questions to ask of the Witnesses shall not my Friends help me my Lord Lo. Ch. Just We will sift out the Truth as well as we can you need not fear it Coll. Some of those things I took out of the Books my self And if you are resolved to take away all my helps I cannot help it I know not that Mr. Smith wrote one of those papers Mr. Att. Gen. But Mr. Smith would have given four Guineys it seems as a Bribe to the Gaoler and he offered four more to let him have liberty to come to him Mr. S. jeff. 'T is time indeed for Mr. Smith to have a care Keeper It was Mr. Starkey that offered me the four Guineys Mr. Att. Gen. Pray call Mr. Henry Starkey But he did not appear Then the Court took a Recognizance of 100l of Mr. Smith to attend the Court durying the Session Coll. Pray my Lord let me have my papers delivered to me I cannot make my Defence else Lo. Ch. Just We are your councel in matter of Fact and to give you your papers were to assign you councel against Law they being not your own papers but coming from a third hand Colledge Will you please to give me the paper that has the Questions in it to ask the Witnesses L. c. j. There are no papers with any particular Questions to any one Witness but only instructions how to carry your self in this case Coll. A great deal of it is my own my Lord. L. c. j. Mr. Attorney truly I think that that do's not contain matter of Scandal may be transcribed and given to the Prisoner Coll. My Lord I desire I may have that that has in the Margent of its the case of Lilburn and Stafford Mr. just jones You shall not have Instructions to scandalize the Government all that is necessary for your defence you shall have L. c. j. If he had writ it himself I cannot well see how you could take it from him and truly as 't is I had rather let him have too much then too little Coll. My Lord I thought I might have had counsel to have assisted me but if I may have counsel neither before my Plea nor after I that an ignorant may be lost by it but can't help it L. c. j. If matter of Law arise you shall have counsel in it Coll. I know not but it might have admitted of an Argument that which if I had had my papers I should have offered to you L. c. j. Mr. Colledge we shall not go any farther now I know not how many Witnesses will be produced either of one side or another but 't is too late to go on this Morning and because we attend here only upon this occasion we shall go on with the Tryal at two a clock in the afternoon Coll. My Lord you will be pleased to order the papers for me to peruse in the mean time L. c. j. We have ordered that you shall have a Transcript of the paper of Instructions leaving out that which is scandalous Coll. I desire I may have a copy of the whole Mr. just jones No we do not think fit to do that Coll. Pray let me know which you do except against L. c. j. Look you Mr. Attorney I think we may let him have a Copy of the whole Mr. Att. Gen. My Lord before you rise I desire you would please to take the Examination of Mr. Gregory about Mr. Starkey L. c. j. Sweatr him Which was done Mr. Att. Gen. What do you know concerning Mr. Starkey and what he did offer you Gregory When they came by your Lordships permission to Mr. Colledge they brought some papers which they delivered to him And afterwards Mr. Starkey took me aside and told me it was hard usage that the Prisoner could not have his Councel permitted to come to him Do him what favour you can and I shall not be ungrateful so he clapped four Guineys in my hand but I immediately laid them down upon the Table and would not take them Mr. Att. Gen. My Lord I desire you would please to send for Mr. Starkey L. c. j. Let him be sent for Cl. of cr You must go and take up Mr. Starkey Messenger Must I keep him in custody I don't know him Cl. of cr No you must order him from the Court to attend here Mr. just jones These papers Colledge shall not be debarr'd of for his Defence nor you Mr. Attorney from prosecuting upon them L. c. j. No we will put them into such hands as shall take care about that Coll. Very few my Lord have appeared to do me any kindness some have been frightned and imprisoned others are now in trouble for it Lo. Ch. Just Well you shall have the use of your papers Coll. May I have any Friends come to see me in the mean time L. c. j. They must not come to you in the Prison to give you advice but I 'll tell you since you move it if my Brothers think it convenient whilst the Court does withdraw any body of your Friends may come to you in the presence of your Keeper Mr. just jones Certainly you cannot think we can give a priviledge to any Friend of yours to commit any Demeanor to offer Bribes to any person Coll. I know not of any such thing Mr. just jones We do not charge you with it but Mr. Starkey did Coll. I have been kept a strict close Prisoner and if my friends are so kind to me as to help me in order to my Defence I hope you will not be against it Pray my Lord let me have my papers L. c. j. You shall have them but they shall be put
see Mr. Colledge do that was in the coffee-house not the same day but another time I saw him bring in a parcel of blue 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 â—â—â—l 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 but 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 Fitz-Gerald and I was standing in the School-House yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Fitz-Gerald 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 Fisty-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. j. Where was this Sir William Jennings In the School-house Yard at Oxon. I never discoursed with him afterwards till I met him in 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 Says 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 somebody Sir Will. jenn. You told me so Captain Crescett was by Colledge I 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-Gerald and I had quarrell'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 Dr. Oates whom Fitz-Gerald 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 Will. jenn. 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 three Engagements 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 VVarcupp this story I am brought hither to testifie it Coll. Sir William I am sorry you did not better observe and remember my words then Sir VVill. jenn. 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 VVarcupp he being a Justice of Peace Mr. Ser. 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 Jacob my Lord Cobham and my Lord Grey's 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 Kings death you may know that the seizing his person extends to it Mr. Ser. jeff. My Lord we have done with our Evidence now let him go on with his L. ch just 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. c. j. 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 Lo. ch just If the Witnesses say true it is proved Colledge They do not produce that they do but say it Lo. ch just Mr. Dugdale swears that at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your custody Then that you prepared Arms that you shew'd Smith the Arms in your House and having those Arms you said you would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say if these Witnesses speak true 't is a strong Evidence against you both upon the
Colledge You may see there was an understanding between them then Mr. just jones Did they go accordingly Mrs. Bol. Now and then they have gone to him but they knew his business because they had discourse with him as they said upon the road and they would not go L. c. j. Would you ask her any thing else what do you know more Mrs. Bolron Nothing for I am not one that stirs much abroad Colledge Call Mr. Everard Lo. c. j. What do you ask him Colledge As for Mr. Everard I need not ask him whether he knows him for they know one another well enough But Mr. Everard that I would ask you is this what do you know of Mr. Smith and of this contrivance against me Mr. Everard Mr. Smith I have been to see of late and he told me he knew of no Presbyterian or Protestant Plot and when my Lord Howard was tried that is the Bill brought against him he said he wondred how my Lord Howard could be Guilty and that both himself and I were joyned as Evidence to that Jury only to put a gloss upon the Evidence for says he I have nothing material to say Coll. Mr. Everard Do you know any thing more concerning him what he hath said at other times concerning me Mr. Everard I have told you already what I have heard him say that he thought there was no Protestant or Presbyterian Plot that now of late within this little while Colledge Pray Sir was there not some discourse betwixt Justice Warcupp and you in Lincolns-Inn Walks Mr. Everard Is Justice Warcupp an Evidence here L. c. j. No no. Colledge 'T is all but Evidence of a Presbyterian Plot therefore pray Sir what was the discourse between Justice Warcupp and you what would he have had you done L. c. j. I think it is not material there is nothing of Mr. Warcupp in this Tryal Mr. Everard If the Court does allow of it I will freely tell it Coll. My Lord the Papists design is to make a Protestant Plot to turn off their own and they begin with me but if I should go they would not be satisfied with me they would be at others L. c. j. There is nothing concerning a Presbyterian or Protestant Plot in the case Colledge My Lord if there be no Presbyterian Protestant Plot and others to joyn in it how could I do it by my self 't is impossible I should have such a design of seizing the King and improbable I should speak it Now my Lord this man was sollicited to come in for an Evidence of such a Plot. Mr. Everard That is true L. c. j. I tell you it is not material Justice Warcupp is not concerned in your Tryal Mr. Everard Justice Warcupp would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Coll. The Papists aim is not at me only but at others Mr. Ser. jeff. We have nothing to do with what you and Justice Warcupp talked of for example sake my Lord let us have no discourses that concern third persons brought in here L. c. j. Would he have perswaded you to say any thing that was not true Mr. Everard He did not say positively those words but this he said I knew seveveral Lords Mr. just jones Now here is Mr. Justice Warcupp's same traduc'd behind his back in the face of the Countrey and it is nothing to this cause before us Coll. My Lord I desire to know what he knows of these things and that he may speak it out 't is a material thing for me and others Here is a design of the Papists to turn a Plot upon the Protestants they begin with me and if they have my blood who may feel the effect of it next I cannot tell Lo. ch Just Truly I think it not material to your case and indeed 't is of ill consequence to have any man traduced behind his back as Justice VVarcupp is Coll. My Lord Macnamarra told me that that man would have seduced him to have retracted his Evidence upon my Salvation 't is true L. c. j. We meddle not with Macnamarra neither he is no Evidence against you Coll. Macnamarra hath sworn against me at the Old-Baily and at the finding of this Bill but they have laid him by upon some trick or other I desire Mr. Everard may tell what he knows Mr. Everard I would not reflect upon any person nor will I answer it if the Court do not think fit Coll. My Lord this is foul play if I die my self for my Countrey sake I can do it freely and the will of God be done I would have the truth out for the sake of the Protestants Mr. Everard I am very willing to tell the truth if the Court think fit L. c. j. I see not that he says Mr. VVarcupp would have had him swear that which was not true Mr. Ever But this he said if the Court will allow me to speak it Justice VVarcupp said that certainly there was a Presbyterian Plot and such things and that some Lords some of the Protestant protesting Lords must be guilty of it and said he certainly you know much of it You know such and such things therefore you may safely swear it if I knew it so by argument he would first prove there was a Plot and combination amongst those Lords and then said he this you may safely swear Mr. just jones What is this to your purpose Mr. Colledge only Mr. Warcup's name is brought upon the stage when he is not here to vindicate himself L. c. j. Would you ask him any thing else Coll. If he does know any thing more of any of them I desire he would speak it Mr. Ev. Concerning Mr. Haynes he told me it was necessity that drove him to speak any thing against the Protestants and the hard Pay and the Gratitude he did receive from the Citizens Then Mr. Jones acquainted the Court that Mr. Warcup was just come in and desired to vindicate himself But the Kings other Counsel waved it saying there was no weight in it Lo. ch just Where did he tell you this Mr. Ev. In the fields near Grays-Inn Lo. ch just How long since Mr. Ev. About three weeks ago I asked him Mr. Haynes said I I would not draw you from your Testimony in any thing but how can this be congruous to what you have said formerly That you knew nothing by them The truth is said he I will not say much to excuse my self but my Wife was reduced to that necessity that she begg'd at Rouse's door and craved some Salary and Mr. Rouse would not give her any and said he meer necessity drove me to it Colledge He found better pay in another place Mr. Ev. And says he 't is Self-preservation in the next place for I was brought in guilty when I was taken up and therefore I was obliged to do some things to save my Life Coll. Pray my
discovered what I told your Lordship before a design to destroy the Parliament at Oxford an Army that was to land in the North another in Ireland and the Duke of York was to be at the head of them My Lord after I had heard all out he did desire us all to conceal what he had said till the Parliament sat and then he would not only discover this but much more He at the same time told us that there was a design of Fitz-Gerald's against my Lord Shaftsbury to take away his life and he was employed to come to his Cousin Macnamarra to get him over to joyn in the design and he should never want for money if he would but come over and do as they would have him After he had discovered himself Sir said I you are a stranger to me and I never saw him before in my days if he had seen me I can't tell But Sir said I either this is true or this is false If it be true said he 't is all true and much more So he up and told us much of Coleman and of the reconciliation between the Duke of Ormond and the Duke of York and how he came to be Lord Lieutenant of Ireland and how Plunket came to be Primate and by means of whom and the Letters that passed and how so much a year was given to Plunket for carrying on the correspondence and he told us so much that I did wonder to hear any man talk after that rate After I had heard what he had to say I told him Sir said I this is either true or false that you have said if it be true my Lord Shaftsbury shall know it to night for I will not conceal such a thing concerning a Peer of the Realm and if it were a colour he should know of it And I did send him word that night and said I Sir you ought to go for your own security and ours too to swear it before a Magistrate Said he if I should I should be discovered Said I I can't think you will be discovered if you swore it before Sir George Treby or Sir Robert Clayton they will not discover you So he agreed he would swear before Sir George Treby and he did go accordingly but he being out of Town I cannot have the Affidavit to produse it There was a Letter sent last Saturday-night to Sir George to Bristol and I hoped he might have been here to day This was the first acquaintance I ever had with Haynes The next time I heard of him was upon this occasion Ivy comes to me in Richard's Coffee-House and said he yonder is the man that made that discovery which I told you before that Haynes had said to me it was about a month or three weeks before the Parliament was at Oxford After the Parliament was dissolved at Oxford Ivy comes to me and I think it was betwixt the two Terms wherein Fitz-Harris was Arraigned and Tried I know not the names of them but he comes to me and tells me he had been with my Lord Shaftsbury and that there was a friend of his that would confirm all that Fitz-Harris had discovered concerning the Murder of Sir Edmundbury Godfrey and says he my Lord of Shaftsbury hath sent me to you to acquaint you with it Where is your friend said I He is without said he So we went out of the Coffee-House and when we came out of doors there was this Haynes we went to the Crown-Tavern without Temple-Bar it was in the forenoon When we came there into the room he examined all the corners and cupboards and places about the room to see that no body was there When he thought all was secure he began to tell me he had been to acquaint my Lord Shaftsbury that there was a friend of his that would discover the whole Intrigue of the murder of Sir Edmundbury Godfrey all that Fitz-Harris had said and much more And he desired me that I would intreat my Lord Shaftsbury to be instrumental to get him his Pardon before he discover'd particularly Then I told him I think 't is convenient said I that you discover something in writing and give under your hand what you can say He was not willing to do that Can you believe said I that my Lord of Shaftsbury will betray you Says he I will not trust any body I shall be assassinated Said I if you will not give it to any body else will you give it to Mr. Michael Godfrey Sir Edmundbury Godfrey's Brother you can have no jealousie of Him that He will ever discover you said he if my Lord Shaftsbury will engage to get me a Pardon I will tell the whole truth said I I will go to my Lord and acquaint him so I went to both my Lord and Mr. Godfrey and Sir Edmundbury Godfrey's two Brothers both met me at my Lord of Shaftsbury's House This is the thing that he tells me he would have me get my Lord's Protection and a Pardon for Treason But the real truth is He sent me upon this errand so I came to my Lord Shaftsbury and the two Mr. Godfreys were in the room and after I had told my Lord what discourse I had with Him says my Lord Colledge these Irish-men have confounded all our business and thou and I must have a care they do not put a trick upon us this may be a trick of the Papists to ruine us and if they have such a design if they will not put it upon you and I they are fools Upon your Lordship said I they may but I am a poor inconsiderable fellow Says my Lord I 'll tell you Mr. Godfrey Mr. Colledge hath not only been an Honest man but a useful and an active man for the Protestant interest So I told my Lord how far I had gone with Him and that I desired it might be put in writing says my Lord Shaftsbury if he will put it in writing I will go once again for I have been since I saw the fellow with my Lord Macclesfield and my Lord Chief Justice Pemberton and my Lord Chancellor and I have told them that there is such a person in general but I knew not the man as indeed my Lord did not for only Ivy was the person between them that my Lord knew And I told them says my Lord that he can confirm all that Fitz-Harris has said concerning the death of Sir Edmundbury Godfrey and that he would prove my Lord of Danby was in it if he might have his pardon and my Lord said they promised to speak to his Majesty that it might be granted But some time the latter end of the week I heard it would not be granted and both of these men followed me to know what they should do Said I my Lord Shaftsbury knows not but that it may be a trick and said I to Ivy I wonder why he should conceal it all this while being a necessitous man and 500 l. proffered
by the King in his Proclamation Why says Ivy do you think there is no truth in it says I 't is not my judgment but my Lord Shaftsbury and Mr. Godfrey's judgment too He answered me again Fitz-Harris hath desired he may have a pardon granted for himself and a French-man and if so be there were nothing in it do you think he would move for a pardon Says I did Mr. Fitz-Harris move for Haynes's pardon How do I know that says Ivy again Fitz-Harris's Wife told me so Says I let me speak with Fitz-Harris's Wife let me hear her say so and I will believe you The next day he did bring her to me to my House and this was the time and the occasion that brought Fitz-Harris's VVife and Haynes and Ivy and Mr. Fitz-Harris's maid to my House and I never saw Fitz-Harris in my days till his Tryal nor had any communication with him But my Lord she did talk with Haynes and confirmed it to me that her Husband had desired a pardon for him why then said I he would do well to discover what he knows to my Lord Shaftsbury for I was with my Lord and he says he will meddle no more unless he will give it under his hand what he has to say And he did confess to me in my own yard for there we were together that he saw my Lord of Danby come into the Chappel at Sommerset-House when the body of Sir Edmundbury Godfrey lay under the Altar L. c. j. Here hath been nothing of this made appear by proof Coll. My lord I only tell you which way they introduced themselves into my acquaintance L. c. j. You may observe what you will upon the Evidence as we told you but you ramble from the matter you are to speak to And as we told Mr. Attorney that what he said should go for nothing unless he made it out by proof so must we say to you what you say goes for nothing further than you have proved it Now you have quitted the proof quite and not spoke to that but run into other stories I would have you keep your self to your proofs and make your observations upon them Coll. 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I err I tell you the truth of things thus it was L. c. j. Truth Why if yours or any mans word in your case should go for truth no man that stands at a Bar could be convicted for every man will say he is an honest man and all the plausible things in the world Make you your observations upon the proof that is proper for you to do and urge it as well as you can and to the best purpose you can but to tell us long stories of passages between you and others that are not a whit proved that is not usual nor pertinent Colledge I thought it had been to the point when this man pretends to have a familiarity with me to shew how his acquaintance begun Mr. just jones Why do you think 'tis an answer to him in what he proves upon his Oath Have you proved one jot of it not that I have heard 'T is your part to sum up the Evidence on your own side and to answer that which is proved upon you if you can Do that and we will hear you speak to it as long as you can But to tell stories to amuse the Jury with that are not proved and to run out into rambling discourses to no purpose that is not to be allowed nor never was in any Court of Justice Mr. Just Raymond Not one of your Witnesses have mentioned any thing that you say Mr. just Levins I wonder Mr. Colledge you should forget your self so much for you found fault with Mr. Attorney at the beginning for opening the Evidence and you were told and the Jury were told at your request that what he said and did not prove passed for nothing But I must tell you 't is much worse in your case for Mr. Attorney only opened what he might prove afterwards but your observations are upon what hath been proved already and yet you run out into stories of what hath not been proved at all after your proof is past Colledge Sir I could not prove this otherwise than by Ivy who hath been sworn against me Mr. just jones Would you have the Jury to believe you upon your word Coll. There is no more than his Oath against me and why my Oath being an Englishman and a Protestant should not be taken as well as his that is an Irish man and hath been a Papist I know not L. c. j. You go upon that ground that your word is to be taken as appears by your defence but I must tell you all the course of Justice were destroyed and no Justice against malefactors were to be had if the word of him that is accused should pass for proof to acquit him Colledge My Lord I have given your Lordship an account of these fellows conversations and what other proofs to make I know not for I knew not what they would swear against me and I had not witnesses in my pocket to confront them Mr. just Levins Well the Jury have heard it over and over again first upon your request that nothing is to be taken notice of that is not proved Coll. Pray my Lord then as to Haynes My Lord I do observe that there was a witness for me that did prove he owned he was one that was employed to make a Protestant Plot and another that did hear him swear dam him he would swear any thing against any body for money for it was his Trade Mr. just Levins Now you are right speak as much as you will as to your proofs Coll. My Lord I think Turbervile and Dugdale swear as to the tenth of March Oxon. I desire it may be proved I was in Oxford the tenth of March. Mr. just jones You your self came down the middle of March. L. c. j. I do not remember that they said the tenth of March. Coll. Did not the Indictment say so Mr. Att. Gen. It is only in the Indictment L. c. j. As to the time mentioned in the Indictment it is not material that is the constant rule in Tryals upon Indictments as if an Horse be laid to be stole the tenth if it be proved the Prisoner stole it another day it will be sufficient the time is not material the question is whether the Indictment be true in substance Mr. Colledge my Brothers will all tell you that the Law is so Mr. just Levins Though it is laid the tenth of March yet if it be proved the first or twentieth before or after it is all one So the thing be proved they are not bound to a day Coll. My Lord the punctilio's of Law I know not but it was the twenty fourth or twenty fifth e're I came down L. c. j. Well go on Sir Coll. Dugdale says I
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
are not proved neither For common Justice is concerned in it and no Justice can be done at that rate if the Prisoners own Affirmations or Purgation should be taken No man ever can be accused but he will be ready to say he is innocent and say as flourishing and popular things as ever he can for himself And therefore these things must not weigh with you further than as what is said argues upon the Proofs you have had And you are to consider upon the Proofs what the Prisoner has produced not what he says on the other side for the Proofs you have heard a great many Witnesses in general produced by him that say he was bred a Protestant and has been an honest man that they knew no ill by him that will be of little weight in a case of this consideration for unless he were a man that had committed Treason to the knowledge of all the world there is no man but can produce Witnesses that know no ill of him nor any Treason nor Harm in him therefore the Question wiill lye upon the credit of the Witnesses produced for the King barely and that will be the consideration you are only to have and you are to weigh them in the Ballance against the Witnesses produced against them Now Gentlemen for these Witnesses I shall not repeat them to you but only this I shall observe in general that Dugdale and Turbervile that are the two most mateterial Witnesses relating to what was spoke in Oxfordshire have the least said against them I do not remember I profess to you I do not but your own Notes must guide you that there was any very material thing said against them except what is said against them by Dr. Oates and Dr. Oates does say against Smith that he came out of the Coffee-House and swore Dam him he would have Colledges Bloud and when he reproved him and said it was not fit for a Minister of the Gospel to use such Expressions he said God damn the Gospel if that be true 't is a great Reflection upon the credit of Smith He says as to Dugdale that when he was expostulating with him about his Evidence he excused himself that he was in want of mony and was pressed to it and being asked whether he was pressed to swear against his Conscience he said yes and much of the same kind he says as to Turbervile that he said He was disserted and would not starve Now all these three Witnesses being called upon their Oaths deny that which Dr. Oates testifies Now if it were in an indifferent and probable matter to have three men condemned and set aside by the Testimony of one is not equal unless the man were of mighty extraordinary credit and his Testimony of more than ordinary weight But then I must tell you this matter is very improbable that after Witnesses had sworn a thing they should voluntarily acknowledge themselves to be forsworn and that without any Provocation they should at several times come to this one man and declare themselves Rogues and Villaines but if it were probable here are three mens Oaths against one mans Affirmation this I say as to what concerns Dugdale and Turbervile I do not see any thing material against them besides now if you believe them they are two Witnesses to the full matter of the Indictment and two Witnesses to what was done in Oxfordshire and that satisfies all the considerations of Law As to the rest of the Witnesses Bryan Haynes and John Smith you have had many Witnesses produced against them I shall not undertake to repeat the Evidence 't is your place and duty to weigh their Testimony and I shall leave it to your consideration Mr. just jones I shall add nothing to what my Lord hath said nor indeed can Colledge My Lord I wish you would look upon your Notes you would then find there was much more Evidence that you have not repeated against Turbervile and Dugdale besides what your Lordship urged L. c. j. If there be I refer it to the memory of the Jury I can remember no more Colledge I desire nothing but Justice and true Justice L. c. j. I am sure I design nothing else you are a stranger to me I believe I have seen your face but I never knew you by name till now Look you if the Jury be like to stay they may take something to refresh themselves at the Bar before they go Colledge My Lord I did see when the Bill was brought against my Lord Howard Mr. Attorney General and Mr. Sollicitor were an hour and half with the Grand Jury Mr. Ser. jeff. You must say nothing now my Lord has given the Charge Col. Let me have justice done my Lord that 's all I crave that none may be with the Jury L. c. j. Look you Mr. Colledge they might be with the Grand Jury but as to the Petty Jury there shall be a Bayliff sworn and neither Mr. Attorney nor Mr. Sollicitor nor any 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. c. j. 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 Bayliff 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 Omn. Yes Cl. of Cr. Who shall say for you Omn. 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 Gaoler 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 Gaol 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 sat and first Mr. Aaron Smith having entred into Recognizance of 500 l. to appear the first day of the next Term at the Court of Kings-Bench Lo. c. j. 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