nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
be two Witnesses to the same words at the same time Mr. just Jones No it was the Resolution of all the Judges in the case of my Lord Stafford in the presence of the Parliament and the Parliament proceeded upon it M. Ser. Jeff. In the same Tryal where Mr. Colledge was a Witness Mr. Att. Gen. All the whole House of Commons prayed Judgement upon my Lord Stafford pursuant to that Resolution L. c. j. Come will you call any Witnesses Coll. My Lord I do not question but to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth and these the most notorious wicked men an absolute design to destroy all the Protestants of England that have had the courage to oppose the Popish Plot. In which no man of my condition hath done more then I have done I was bred a Protestant and continued so hitherto and by the Grace of God I will dye so If that they had known of these words that I should speak and such a design that I should have before the Parliament sat at Oxon. and be with me in Oxon. when the Parliament sat if they had been good Subjects they ought to have had me apprehended Turbervile came several times indeed and dined with me I did not bid him go out of doors nor invited him thither he was a man I had no disrespect for nay he was a man I valued thinking he had done the Nation service against the Papists that this man should hear me speak such words against His Majesty who was then in this Town and know of such a dangerous design to attempt the seizing of his Person or that I should discover a great party that were ready to do it I think there is scarce any man of reason but will say if this were really done and spoken by me neither of them would or ought to have concealed it but discover it none of them has ever charged me with any such thing they have been in my company since I never had any correspondence with any of them but Dugdale then pray consider how improbable it is that I should talk of such things to Papists Priests and Irish-men who have broke their faith with their own party that faith which they gave under the penalty of Damnation men that have been concerned in Plots and Treasons to murder and cut the Throats of Protestants that I should be such a mad man to trust these people when I could receive no manner of obligation from them nor could give any trust to them they having before broke either Faith especially considering I could lay no such Oaths and Obligations upon them who was a Protestant then 't is the greatest non sense to believe that I would say these things before persons whom I could never hope would conceal my Treasons having discovered their own If they speak truth concerning the general Popish Plot that could be no obligation upon me to trust them with another and they cannot say that they ever obliged me in any one respect My Lord I thank God I have had some acquaintance in the world and have been concerned with some persons of Honour Noblemen and Parliament men that I know are as good Subjects as any His Majesty has these never found me a Fool nor a Rascal so great a Knave as to have any such thoughts in my heart nor so great a mad-man or so foolish as to go to discover them to Papists Priests and Irish-men to men of their condition that were ready to starve for Bread As for Haynes and Smith that run so fast through all their Evidence the first time that ever I set my eyes on Haynes was in the Coffee-House that he speaks of Macnamarra comes in and desires me to go out with with him and I should hear the greatest Discovery of a piece of Villany against my Lord of Shaftsbury's Life that ever I heard many life This Captain Brown who is now dead a man that I had not known but a month before for I think it was in March last when this was could testifie for me For I came to him Captain said I here is a Discovery offered to be made to me of a Design to take away my Lord Shaftsbury's Life Macnamarra asks me to go to the Hercules Pillars I went along with him and took Captain Brown with us Afterwards he fell sick in April and is now dead so I lost a main Evidence in the case He was the only man that was by at the time God knows my Heart I speak nothing but the truth I took him with me Haynes began to discover to us that Fitz-Gerald had employed him to fetch over Macnamarra and if he would come in and swear against my Lord of Shaftsbury which was his design it would not be long e're his Head were taken off and he said He had given in a Paper of High Treason against my Lord of Shaftsbury I asked what it was He told me That my Lord should tell Fitz-Gerald that he had a design to bring this Kingdom to a Common Wealth and to root out the Family of the Stuarts This he said Fitz-Gerald had given in in a Paper under his own Hand and I think he said He had sworn it and sent Haynes to fetch Macnamarra to swear agaist my Lord the same things too I writ down all the Heads of the Discourse which Captain Brown heard as well as I. After he had said it he desired us to conceal it Sir said I You are a stranger to me and these are great and strange things that you do tell us Macnamarra and Browne and Ivy and others were there which if they were honest men they would come and testifie I thought them honest men and that they had none of those wicked designs in their Hearts that now I find they have So says Haynes I do not know this man meaning me Macnamarra told him I was an honest man he might lay his Life in my hands After he had spoken all this he desired us to conceal it Said he I will not only discover this but a great deal more of their Rogueries that I know very well Said I to him again I will not conceal it nor do you no wrong for if this be true my Lord of Shaftsbury shall know it to night for where there is a Design to take away a Peer of the Realm I will not conceal it but if it be false and you have said more then comes to your share recant it again and we will take no notice of it only say you are a Knave for speaking of it he swore Dam him it was all true that and a great deal more which he said he knew about seizing and destroying the Parliament at Oxon. about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxon. of a French Army that was to land in Ireland at the same time that the
and the Doctor alighted out of his Coach and spoke to me and invited me to come to my old Friends for he told me they had some jeajousie that I was not true to them and he told me if I would come to the King's-Head Club I should be received with a great deal of kindness and never afterwards did I speak with the Doctor a tittle about any Evidence L. ch Just He says you said you would break any one's Head that said you were an Evidence against Colledge for you were not nor could be Mr. Turbervile There was no such thing said by me Mr. Att. Gen. Upon your Oath did you tell him so Mr. Turberv Upon my Oath I did not Mr. Serj. jeff. Did you tell him that other passage when you swore you would not starve Mr. Turbervile No I did not Dr. Oates Upon the word of a Priest what I say is true My Lord I do say as I am a Minister I speak it sincerely in the presence of God this Gentleman did say these words to me which made me afraid of the man and I went my ways and never spake with him afterwards nor durst I for I thought he that would swear and curse after that rate was not fit to be talked with L. c. j. 'T is very improbable that he should say so to you Mr. Turbervile I always looked upon Dr. Oates as a very ill man and never would converse much with him L. c. j. Will you ask him any thing more Coll. Do you know any thing of the rest Doctor Dr. Oates I know nothing of Turbervile further but that he did present this Petition wherein he says he lay under great temptations to go on the other side and accuse some Protestants And truly till I heard he was an Evidence at Oxon. after what he had said to me I did not believe it Mr. Att. Gen. Doctor Oates Mr. Turbervile hath not changed Sides you have he is still an Evidence for the King you are against him Dr. Oates Mr. Attorney I am a Witness for truth against falshood and subornation and it can plainly be made to appear there is subornation against the Protestants And moreover my Lord L. c. j. Mr. Oates you would do well to explain your self Mr. Serj. Jeff. If there be any subornation relating to Mr. Turbervile or any of the other Witnesses that have now sworn against Colledge make it out Doctor Dr. Oates There is my Lord and there will be made further to appear in time to come To my own knowledge as to Mr. Smith Mr. Colledge and Mr. Smith had some provoking words passed betwixt them at Richard's Coffee-House and Mr. Smith comes out and swears God dam him he would have Colledge 's blood So my Lord when I met him said I Mr. Smith you profess your self to be a Priest and have stood at the Altar and now you intend to take upon you the Ministry of the Church of England and these words do not become a Minister of the Gospel his reply was God dam the Gospel this is truth I speak it in the presence of God and man L. c. j. Can you say any thing of any of the other Witnesses Dr. Oates As for Mr. Dugdale I was ingaged for him for 50 l. for last Lent Assizes he wanted money to go down to the Assizes having paid some debts and paid away all his money and so I engaged for 50 l. that he borrowed of Richard the Coffee-man After he came from Oxon. I called upon him to hasten to get his money of the Lords in the Treasury which as near as I remember was ordered him upon his Petition for so I heard And at that time said he Sir I hear there is a great noise of my being an Evidence against whom said I against several Protestants my Lord Shaftsbury and others said I I never heard any thing of it says he there is no body hath any cause to make any such report of me for I call God to witness I know nothing against any Protestant in England After that I met with Dugdale at Richard's Coffee-house and pressing him for the money and he saying he had it not just then but would pay it in a little time Mr. Dugdale said I you have gone I am afraid against your conscience I am sure against what you have declared to me said he it was all long of Colonel Warcupp for I could get no money else Mr. Att. Gen. Mr. Oates is a thorough-pac'd Witness against all the King's Evidence Mr. Ser. Jeff. And yet Dr. Oates had been alone in some matters had it not been for some of these Witnesses Dr. Oates I had been alone perhaps and perhaps not but yet Mr. Serjeant I had always a better Reputation than to need theirs to strengthen it Mr. Ser. jeff. Does any man speak of your Reputation I know no body does meddle with it but you are so tender Colledge Sir George Now a man is upon his life I think you do not do well to affront his Witnesses Mr. Serj. jeff. I do not affront him but now my Lord pray give us leave to call our Witnesses Mr. Smith pray stand up L. c. j. Mr. Smith do you hear what Mr. Oates hath said Mr. Smith No my Lord. L. c. j. Then speak it again Mr. Oates Dr. Oates Yes my Lord I will speak it to his face He said coming out of Richard's Coffee-house they having had some provoking words as I understood when I come in God dam that Colledge I will have his blood and my Lord when I did reprove him and said to him Mr. Smith you have been a Priest and stood at the Altar and intend to be a Minister of the Church of England these words do not become a Minister of the Gospel and he replied God dam the Gospel and away he went L. ch just What say you to it Mr. Smith Mr. Smith Not one word of this is true upon my Oath 'T is a wonderful thing you should say this of me but I will sufficiently prove it against you that you have confounded the Gospel and denied the Divinity too Mr. Serj. jeff. Mr. Dugdale you heard what was said against you Dr. Oates My Lord now Dugdale is come I will tell you something more There was a Report given out by Mr. Dugdale's means that Mr. Dugdale was poysoned and in truth my Lord it was but the Pox. And this Sham passed throughout the Kingdom in our Intelligencies and this I will make appear by the Physician that cured him Mr. Ser. Jeff. That is but by a third Hand Dr. Oates He did confess that he had an old Clap and yet he gave out he was poysened but now my Lord as to what I said before of him I was engaged for 50 l. for Mr. Dugdale do you own that Mr. Dugdale I do own it Dr. Oates I did press upon you to hasten the payment of it Mr. Dugdale Yes you did Dr. Oates And did not you come
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
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