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A25877 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. Colledge, Stephen, 1635?-1681, defendant. 1681 (1681) Wing A3761; ESTC R15865 159,951 112

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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-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
Witnesses say true it is proved Colledge They do not produce that they do but say it L. Chief Justice Mr. Dugdale Swears That at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your Custody Then that you prepared Armes that you shew'd Smith the Arms in your House and having those Arms you said You would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I Observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say If these Witnesses speak true 't is a strong Evidence against you both upon the Statute of the 25 Edw. the 3 d. and that of this King too For my Brother Holloway told you true That whereas the Imagining the Death of the King is High Treason by the 25 of Edw. the 3 d. so a Seizing of the King and an endeavor to do that is a constructive Intention of the Death of the King for Kings are never Prisoners but in order to their Death And therefore it hath been held in all times that by the Statute of Edw. 3 d. that was Treason but then the Statute of this King in the 13 Year of his Reign is more strong for there it says If any man shall by any words or malitious speaking shew the Imagination of his Heart that he hath any such Intention that is Treason too Colledge My Lord the Foundation of this Indictment is said to be laid here in Oxford as I suppose pray my Lord here is only Mr. Dugdale and Turbervile that Swear against me for what I should say in Oxon all the rest speak to things said and done at London Now my Lord I desire to know whether they have proved any Treasonable Practices Conspiracy or Design in me against the Government I would feign know that whether there be matter here to ground an Indictment upon for the one says in one place the other in the other which may be distinct matters and none of them Swear Facts against me but only Words Mr. Justice Jones Yes providing Arms for your self and offering others Arms. Colledge That I shall make this Answer to I had only a Case of Pistols and a Sword which every Footman and Horseman had that came from London I think But further my Lord I would ask your Lordship whether there ought not to be two Witnesses distinct to Swear words at one and the same time Mr. Justice Jones No No the Resolution of the Judges in my Lord Stafford's Case is contrary L. Chief Justice Look you It hath been often Resolved That if there be one Witness that proves one Fact which is an Evidence of Treason and another proves another Fact that is an Evidence of the same Treason tho' they be but single Witnesses to several Facts yet they are two Witnesses to an Indictment of Treason that hath been often publickly Resolved particularly in the Case of my Lord Stafford mentioned by my Brother And I 'le tell you my Opinion further If there be one Witness that proves here what you said at Oxford and another that proves what was said in London if they be in order to the same Treason it is sufficient for if you do Conspire to commit such a Treason in London and you come with such an Imagination in your Heart to Oxford to compleat this Treason tho' your design was not first formed there I think 't is enough to maintain an Indictment of Treason and they are two good Witnesses tho' but one speak to what was done at Oxford but I must tell you in your Case there are two full Witnesses to that which was done at Oxford besides Sir William Jennings Colledge That which Sir William Jennings speaks of I told you before what it was I said It was the first Blood that was shed for the Parliament Mr. Just Jones The Parliament was Dissolved before that which Sir William Jennings speaks of therefore you could not say it was to defend the Parliament Colledge Mr. Dugdale did say that I spake such and such words in the Barber's Shop in the Angel Inne there I was indeed at the time that he does speak of and the Barber was by I do think indeed it were convenient to have him here but I knew not where he would charge me or what it was he would charge me with because I never said any thing in my Life that was like Treason Lord Ch. Just Mr. Colledge call any Witnesses you will Colledge But my Lord pray let me ask you one Question more You take these words distinct from any matter of fact don't you L. Ch. Just. No complicated with the Fact which was the Overt-Act the coming to Oxon. with Pistols to make one if there had been any disturbance and to Seize the King Colledge Then my Lord I would ask you Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which I am now Indicted and which was given in Evidence before the Grand Jury upon which the Tryal was there grounded Lord Ch. Just. Any Act of Treason that is of the same kind And I 'le tell you That was Resolved in Sir Vane's Case those that gave you that Paper understand it But I speak now to your Capacity and to satisfie your Question He was Indicted for Levying Warr against the King he Conspired in Westminster the War was Levyed in another County the Conspiracy upon the Tryal was proved in the County of Middlesex and the Warr in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a Warr really Levyed but God be thanked here is only bare words Mr. Just Jones Yes Actions too Colledge What Actions my Lord Mr. Just Jones Arming your self and coming to Oxford Lord Ch. Just Well I have told you my Opinion My Brothers will speak theirs if they think otherwise Mr. Just Jones That is not your Case neither tho I am of the same Opinion with my Lord for here are two Witnesses have proved plain matter of Fact at Oxford the providing Arms your self and encouraging others to take Arms Colledge They name no Persons Mr. Just Jones You will have my Opinion and yet you will give me no leave to speak I had patience to hear you You are told there are two Witnesses Turbervile and Dugdale that prove your providing and having of Arms at Oxon. and perswading others to take Arms particularly Turbervile He told you he had no Arms or but a Case of Pistols and he had no Horse but you told him you would provide him an Horse And then there are two other Witnesses Smith and Bryan Haynes
do not put a trick upon us This may be a trick of the Papists to ruine us and if they have such a designe 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 onely been an honest man but an 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 onely 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 Frenchman 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 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 Wife and Haynes and Ivy and Mr. Fitz-harris's Maid to my house and I never saw Fitz-harris in my days till his Trial 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 Colledge My Lord I onely 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 Colledge 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I erre I tell you the truth of things thus it was L. C. J. Truth Why if yours or any man's 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 't is 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 onely 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 Colledge There is no more than his Oath against me and why my Oath being an English-man 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
the sitting of the Parliament at Oxford and you shall see England the most glorious Nation in the World when we have cut oft that beastly fellow Rowley and speaking of the King he said he came of the Race of Buggerers for his Grandfather King James buggered the old Duke of Buckingham and he called him Captain and sometimes the King and sometimes Rowley Mr. Serj. Jefferies This was pure Protestant discourse upon my word Haynes Then he railed at Judg Pemberton and said he let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a Turn-coat Rogue He was for the Plot whilst he was puisne Judge but now he is Chief Justice he is the greatest Rogue in the World He is like one of the Pentioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a Man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some Persons of Honour believe that I was a Person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like a Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of 12 Men will hang us by the Neck and so I should perish whilst others triumphed and only be a Martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the World for he makes you slaves and beggars and would make all the World so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serjeant Jefferies Mr. Colledge if you will ask him any Questions you may Colledge Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand Sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serjeant Jefferies He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Colledge Where was this discourse about superseding your Warrant Haynes At London Colledge When Haynes It was before the Parliament fate at Oxon. Colledge How long Haynes I can't tell positively to an hour or a day Colledge What Moneth as near as you can Haynes It was in the Moneth of March. Colledge Had you ever seen me before Haynes Can you deny that Colledge I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government Lord Chief Just Were you an intimate Acquaintance of his before March last Haynes No intimate Acquaintance Colledge Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple Barr and he sat me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him Yonder is such a man at such a place now you may seize upon him Colledge What man was that Haynes One Richard Ponre Colledge He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the Night before and Capt. Browne and they gave us a Signal a Blew Ribband to distinguish that we were Protestants from the Bishops men L. Ch. Just. When were you to make Use of it Haynes When the King was seized Mr. Serjeant Jefferies Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your Cracks and Brags now you see the King hath made a Fool of you now you know not what you would have done Sayes he What would you have us do We have not done with him yet for said he no Servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords House and there was a man came in with a Gown under his Arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz Girald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-Man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Colledge Hold Sir I desire to ask him some Questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 'T is not the first time I have been Examined I know how to speak as well as you Colledge Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a Copy of which was carried to that Noble-man And you came from him and returned me his Thanks and told me it was the best Service I could do him I would not trouble the Court with Circumstantial things and you told me I should be gratified not only in my own Property but a Reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz Girald Mr. Att. Gen. Is it to this matter Haynes No nothing at all Lord Chief Just. Let him ask any Questions what he will Colledge I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his Corporal Oath that I was as well acquainted with him as any one in the World Colledge Pray answer me Sir When was the first time I talked to you Haynes The first intimate