was a little before they met and they were earnestly talking of the Parliament at Oxford and of some disturbance that was likely to happen here And it was then fully agreed and Mr. Colledge was by That it would be the best way out of every County where the Parliament had the best interest in the People to leave one in every County that might manage the People This I appeal to Mr. Colledge whether it be true Colledge You appeal to me Shall I speak now my Lord Mr. Jones No you will remember it by and by Mr. Attor Gen. What do you know of any Pictures Mr. Sol. Gen. Pray let him speak that over again which he mentioned last Mr. Dugdale Being in a Coffee House with Mr. Colledge there were some of the Members of the House of Commons by and speaking of a Disturbance that might happen here at Oxford it was then agreed That in every Quarter where the Parliament had the most interest in the People they should not all come up but some remain there to manage the People Mr. Attor Gen. What do you know of any Pictures or Papers have you any about you Mr. Dugdale Yes I have one thing I received from Mr. Colledge that is the Letter pretended to be intercepted to Roger L'Estrange Mr. Attor Gen. Pray what account did he give you of it Who made it Mr. Dugdale He told me he was the Author of it himself and he shewed me it in Manuscript before it was printed and he told me he got one Curtis or his Wife to print it but he would never trust them again for they cheated him of some of the Gain Mr. Attor Gen. Who was the Author did he say Mr. Dugdale He himself Mr. Attor Gen. Pray produce it Sir Mr. Dugdale This and others he delivered to me to disperse L. Ch. Just What is it Mr. Attorney Mr. Attor Gen. It is a Letter and a great part of Fitz-Harris's Libel is taken out it seems Colledge was the Author and this is the Original of the Libel L. Ch. J. Did he tell you this was of his making Mr. Dugdale Yes Mr. Attor Gen. Did he disperse them to any Body else Mr. Dugdale Yes there were some given to one Mr. Boson he had some at the same time and Mr. Baldwin had some Then the Paper was read Cl. of Cr. First Q. VVhether they that talk Mr. Attor Gen. Pray give my Lord an account what more Papers and Libels he delivered to you Mr. Dugdale I received one like this I cannot say it was the same where all the Bishops were changing their Hats for Cardinal Caps Mr. Serj. Jefferies Where is Rary Shew for it seems he hath expounded the meaning of that Then it was produced Mr. Serj. Jefferies I suppose 't is his own cutting too Mr. Dugdale I heard Mr. Colledge sing it Mr. Serj. Jefferies Where Mr. Dugdale In Oxfordshire and in Oxford Town at my Lord Lovelace's Mr. Serj. Jefferies Where at my Lord Lovelace's Mr. Dugdale At his House in the Country Mr. Serj. Jefferies Who were in the Company there Mr. Dugdale Sir Robert Clayton Sir Thomas Player Mr. Rouse Mr. Colledge Mr. Serj. Jefferies You say you heard him in Oxford and in Oxfordshire and at my Lord Lovelace's where is that L. Ch. J. My Lord Lovelace is here himself and hears what he says Mr. Dugdale I might mistake the County but I heard him sing it at Oxford Town and at my Lord Lovelace's House again L. Ch. J. Where is that Mr. Dugdale I cannot tell the Town Mr. Serj. Jefferies How came you there Mr. Dugdale Sir Thomas Player did invite me thither Mr. Serj. Jefferies Where is it in Oxfordshire Mr. Dugdale I cannot tell 't is four miles from Henley Mr. Serj. Jefferies Was my Lord at home Mr. Dugdale Yes he was Mr. Serj. Jefferies Now for the Cut then Did he shew you this Cut Mr. Dugdale Yes he told me he would get it printed Mr. Serj. Jefferies Was it before it was printed then that he sung it Mr. Dugdale Yes it was Mr. Serj. Jefferies Who did he tell you did make it Mr. Dugdale He told me he was the Author of this Cut and he gave me one and we sang it together presently after it was printed Mr. Attor Gen. How did he describe it to you when he shewed it to you Mr. Dugdale That which hath the Pack on the back of it he described to be the King those that follow him were Topham Cooper Hughs and Snow and that company of men there is the House of Commons Mr. Serj. Holloway What was meant by the Pack Mr. Dugdale The Parliament and all his Retinue and then here is the King in the Mire again according as 't is represented in the Long Mr. Serj. Jefferies Ay he goes on well And this here is the Bishops which they thrust into the Pack when they have got him down into the Mire and then they thrust them all away as it is in the Song to hoot them away L. Ch. J. Did he make this explication to you Mr. Dugdale Yes Mr. Serj. Jefferies Who were the All Mr. Dugdale King and Clergy-men and all Mr. Serj. Jefferies Where was this he explained it Mr. Dugdale At London Mr. Serj. Halloway Is there any thing relating to White-hall what name did he give that Mr. Dugdale Yes he said Louse-hall was White-hall because of its poverty Then the Ballad was read Cl. of Cr. Rary Shew To the Tune of I am a Sensless Thing Mr. Attor Gen. This shews you what sort of Man he is Mr. Serj. Jefferies Here you say he explained this with the Pack at the back to be the King Mr. Dugdale Yes he told me so Mr. Serj. Jefferies What did he mean by the two Faces Mr. Dugdale That he was half Protestant and half Papist Mr. Jones Did he make any comparison between his own Party and the King's Party Mr. Dugdale He said they were but an handful to them Mr. Jones To whom Mr. Dugdale To his Party that was the Dissenters Mr. Attor Gen. Speak that out Mr. Dugdale That their Party was but a handful to theirs Mr. Attor Gen. Theirs and theirs who did he mean Mr. Dugdale He meant the Dissenters for the Church of England he reckoned among the Papists L. Ch. J. Tell us the words he said Mr. Dugdale He said his Party was the true Church of England and that which is established by Law were but Protestants in Masquerade Mr. Jones Tell us when he made the comparison what words he did use and upon what occasion Mr. Dugdale When he perceived the King at Oxford would not yield to the House of Commons he said Let him begin as soon as he would he did not care how soon he did begin for their Party meaning the King and his Party was but an handful to him and his Party calling them the true Protestants the others were Protestants in Masquerade Mr. Attor Gen. What did he desire you to do
to conceal it Said he I will not only discover this but a great deal more of their Rogeries 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 Duke of York was to be at the Head of them and the intention was to destroy all the Protestants Upon this I was Resolved if I lived to come along with the Parliament and if there was any such Design I was Resolved to Live and Die with them but I had no more then Common Arms a Sword and a Case of Pistols my Cap was a Velvet Cap and nothing else My Lord I had the Honor to be sent for when the Parliament Sat last at Westminster the Sessions in October it was an Honourable occasion and I thank those worthy Gentlemen that sent me for the Honor of it there I begun to be popular as to my Name for from that time they began to call me the Protestant Joyner because the Parliament had intrusted me My Lord Crey was pleased to send his Footman for me to the Crown Tavern behind the Exchange where there were several worthy Lords Peers of the Realm and One Hundred of the Commons that had Dined there that Day it was the Day before they Sat after they had Dined I came to them and the Duke of Monmouth told me They had heard a good Report of me that I was an honest man that understood Building and they did Confide in me to search under the Parliament House they did not really know of any Design but they would not be secure there might be some Tricks play'd them by the Papists tho' we are not afraid of them said the Duke yet we think fit to employ you to search under the Houses and thereabouts whether you can find any such Practices So accordingly my Lord I did go my Lord Lovelace was one of the Honourable Lords and my Lord Herbert that went with me and some of the Gentlemen of the House of Commons and those worthy Protestant Lords were pleased to thank me for my Service and did believe I was Active and Zealous to find out and discover the bottome of the Popish Plot so far as it came legally in my way to do it My Lord upon this occasion there was a great kindness from them to me and I had upon all occasions Testimonies of it and this very man who now Swears Treasons against me which God Almighty knows is all false did Swear in his Affidavit before Sir George Treby the Recorder of London I did never see the Affidavit indeed I was over night at Sir Treby's but he was not then at leisure but he drew it up next day and Swore it that there was a Design to destroy the Parliament at Oxon and there was not only his Oath for it but it was the general belief that some Evil was intended them All men had cause to fear and to suspect the Papists did bear them no great good Will and making use of their own Observations they were generally Armed with a Pistol or a Sword for themselves in case they should be Attack'd by the Papists In order to this I did come down with my Lord Howard my Lord of Clare my Lord of Huntington and my Lord Pagett those four worthy Protestant Lords and it was two days after the Parliament was sat that we came and I went out of Town again with my Lord Lovelace Sir Thomas Player and Sir Robert Clayton and I am sure they were all in so great a Fear that London should be surprized and seized on by the Papists but there was no mortal man that ever heard of the Kings being seised or thought of it till these men come and tell me that I had such a Design and came hither with that purpose but my Lord I declare as God is my Judge I would not have it thought I speak it to save my Life were it as certainly a Truth as 't is most wickedly a Falshood that I had had a design to seize the King I know not of one man upon the Face of the Earth that was to stand by me Parliament man or other persons whatsoever And how it is possible for me to attempt that being a single Person with only a Sword and a Case of Pistols let any man judge And I do declare I know of no Conspiracy nor Design against the King or Government I never spoke one of the Treasonable Words in my Life that is laid against me nor had ever any Thoughts of any such thing God that is my Eternal Judge knows that what I speak is true L. Ch. Just. Well Mr. Colledge will you call your Witnesses for I must tell the Jury as I did at your request concerning Mr. Attorney that as nothing he said so nothing you say is to be believed upon your own Allegation for then no man would ever be guilty if his own Purgation by words were to be believed Colledge My Lord I thank God I know my own Innocency and hope to prove it I have a Soul that must live to Eternity either in Joy or Misery I act according to those principles and I hope I have some assurance of my own salvation when I dye I would not call God to Witness to a Lye to save 1000 lives My Lord this is a villanous Conspiracy against me and if it take place against me it may go a great way God knows how far This is the 17 th or 18 th Sham Plot the Papists have made against the Protestants to get over their own but I hope my Lord God Almighty will never suffer it If they can make me a Traytor they will try it upon others and so hope to sham off their own Treasons but I say I hope God Almighty will never suffer it My Lord I think the first Witness that swore against me was Mr. Dugdale and I must call my Witnesses as I have them here I know no person of them hardly and this that is done for my defence was done abroad My Lord I have been kept close Prisoner in the Tower and none of them suffered to come to me whilst the Popish Lords have had the Liberty and Priviledg to talk with their friends Here are Witnesses I hope
this contradicts his Oath for he speaks of several times that he did speak with you one was at Wilcox's which is this they speak of Coll. Mr. Smith says there was only that great discourse going on in the Room and there was no such things as Cabals which he speaks of L. C. J. What do yo say as to this Witness Coll. Do you know Narrative Smith Mr. Oats Yes Sir Coll. What do you know of him Were you at the Dinner which Mr. Wilcox gave your Brother Mr. Oats Yes yes I was at that Dinner Coll. Were you at the Coffee-house when I went along with your Brother Mr. Oats Yes we went with you Coll. Did Mr. Smith go with us Mr. Oats Yes Mr. Smith followed us Coll. Did you hear any Treasonable discourse between us Mr. Oats Not the least of a little word Coll. Did we go into Cabals two and two together there Mr. Oats There was nothing at all of Cabals that I saw from the time of going to dinner for we came just as Dinner was going into the Room as I remember Mr. Serj. Jeff. What do you mean by Cabals Mr. Oats That is as I discern by Mr. Colledge as if there had been Cabals amongst the Company Mr. Just Jones That is going by couples Mr. Oats Yes yes Mr. Ser. Jeff. What did they talk of Mr. Oats There was nothing at all spoken of Mr. Ser. Jeff What did they say nothing all the while Mr. Oats Nothing but matter of common discourse matters of eating and drinking and talking of Country affairs there were several that had 〈◊〉 in the Countrey and they were talking of those things Mr. Just Jones Were you there all the while Mr. Oats Yes Mr. Ser. Jeff. Hark you Sir were there no disputations in Divinity Mr. Oats Not at all Mr. S. Jeff. Nor of Philosophy Mr. Oats No. Mr. S. Jeff. Why pray Sir did not Dr. Oats and Mr. Savage talk very pleasantly of two great questions in Divinity the Being of God and the Immortality of the Soul Mr. Oats There was not a word of that but only common discourse Mr. S. Jeff. Are you sure there was no such thing Mr. Oats Not that I know of in the least I sat at Table with them Mr. S. Jeff. Was it such a little Room that you could hear all was said Mr. Oats There was Room enough L. C. J. People cannot give a perfect account of all things that have passed so long ago Coll. I did not hear that discourse my self because I was asleep behind the Table and perhaps Mr. Oats cannot remember it Mr. Sol. Gen. Was it before Dinner or after Dinner that Colledge fell asleep behind the Table Mr. Oats He was not asleep to my remembrance all the while Mr. S. Jeff. Recollect your self pray was Mr. Colledge asleep there Mr. Oats I do not remember he was L. C. J. 'T is impossible to give an account and therefore Witnesses in Negatives are of little value Coll. Did Mr. Smith and you and I go together Mr. Oats Mr. Smith followed us L. C. J. How do you know that Mr. Oats For you and I and my Brother went together You were a saying when we came out of the Coffee-house in a jocose way Come Dr. I will go along with you and be one of your Guard You spoke it in a jesting way So you may if you please said my Brother And so he went by my Brother's side and I went by Mr. Colledge's side Coll. Do you remember how long ago that was Mr. Oats It was the last Summer but to say exactly what month I cannot Mr. S. Gen. Mr. Oats answer me this Question pray Sir Mr. Oats Yes Sir Mr. S. Gen. From what place did you go Mr. Oats From Richards Coffee-House Mr. S. G. Who went along with Colledge Mr. Oats He came along with my Brother and me for he said to my Brother I will be one of your Guard Mr. S. G. Who went along with Mr. Smith Mr. Oats I don't know I took very little notice of things Mr. Serg. Jeff. 'T is sufficient that he can tell who went with Colledge Mr. Oats I remember one thing Mr. Smith would fain have perswaded me into something that my Brother should talk but I heard nothing said I do not examine me upon such things for I took little notice of any thing but this I can say whereas he does charge Mr. Wilcox the Gentleman did not speak five words all the time he was there Mr. Ser. Jeff. He does not use to be so Melancholy I assure you Mr. Oats I did wonder at it my self but he was not long with us for I do not think he was there a quarter of the time it seems he had a Son sick in the Countrey and he was going thither Colledge Have you any thing against Macnamarra L. C. J. He is no Witness here Coll. Do you know any thing against Mr. Dugdale Mr. Oats No not I. Coll. Then I can say no more to you L. C. J. Call another Witness Coll. Call Mr. Bolron L. C. J. What do you ask him Coll. Do you know John Smith Mr. Bolron Yes Colledge What say you against him Mr. Bolron May it please your Lordship the last 25 th of July Mr. Smith and Mr. Mowbray and my self were Travelling from York towards London We lay the 24 th at _____ and the 25 th we were Travelling towards London Mr. Smith did ask me if I did remember what Discourse there was betwixt Sir John Brooks and I at Ferry-Bridge when we were coming up before to London I desired him to tell me what Discourse and I would tell him if I did remember it or no. So my Lord he did say the Discourse was that Sir John Brooks did say there would be cutting of Throats at Oxford and that the Parliament did go provided some with 8 some with 6 some with 4 men and they were to meet at Grantham and go together This Discourse I did remember That Sir John Brooks said they went with Horse and Arms to secure them from Highway-men and Sir John Brooks did then further declare that the Discourse was there would be cutting of Throats at Oxford which made them go with Arms to defend themselves Mr. Smith did further upon the 25 26 27 and 28 th of July and it was our frequent Discourse tell me that he had given His Majesty an Account of it which occasioned the Dissolving of the Parliament That Discourse that was made to the King was that Sir John Brooks should say there would be cutting of Throats at Oxford and that the Parliament-men went provided with 4 or 5 6 or 10 men a piece and he did tell me he had given a further Account that there was to be a Consult at Grantham wherein it was Resolved that it was better to seize the King than to let him go on Now this I knew nothing of but he would have perswaded me to have given in this Evidence against Sir John
before and he did much importune me to say that Sir John Brooks did affirm there would be cutting of throats at Oxford and that the King was to be seized there I told him I could have no plausible pretence because I had no acquaintance with Sir John Brooks nor did I come up wih him upon which he applied himself to Bolron and importun'd him for the same he asked me who I came up with I told him I came up with 3 Members of Parliament my Lord Fairfax Sir John Hewly and Mr. Stern he asked me what Discourse we had upon the Road And he asked whether they had any Discourse that tended to justifie their former Votes For he said if they did think to justifie any thing of those Votes or if they would not allow the King money and stood upon the Bill of Exclusion he said that was pretence enough for any man to swear that there was a Design against the King and that the King was to be seized at Oxford Colledge An excellent pretence indeed and like the rest Mr. Mow. He would have tempted me to swear against my Lord Shaftesbury the same And he said it would be well if I did appear on Colledges Tryal at Oxon for it was a thing of great Consequence the Popish Plot was thrown out of doors and no man was looked upon that did speak of it Mr. Just Jones Was all this in the presence of Mr. Bolron Mr. Mow. No my Lord. When he was discoursing about Sir John Brooks Mr. Bolron rid up to us and he applied himself to him because I told him I had no plausible pretence to swear against him having no Acquaintance with him Mr. S. Jeff. Pray Sir let me ask you one Question When came you from York Mr. Mow. We set forward the 3 d. day of August from Wentbridge Mr. S. Jeff. Pray who came with you in the Company Mr. M. Mr. Bolron Mr. Ser. Jeff. That was a Sunday as I take it Mr. Mow. Yes Mr. S. Jeff. Then pray how long did you continue before you came to Lond. Mr. Mow. I think we came in on the Thursday after Mr. S. Jeff. When was the first time Mr. Smith came into your company Mr. Mow. Upon the Road on Sunday Mr. S. Jeff. Was that the first time Mr. Mow. Yes He had been at York and went further and afterwards came to us Mr. S. Jeff. When did you come from York Mr. Mow. About the Thursday before if I be not mistaken Mr. S. Jeff. Was it in a week before Mr. Mow. Yes within a week it was Mr. S. Jeff. And you and Mr. Bolron came together Mr. Mow. Yes Mr. Ser. Jeff. And you left Mr. Smith behind Mr. Mow. Yes Mr. Ser. Jeff. And he overtook you upon the Road Mr. Mow. Yes He was to go further into the North as soon as the Tryal of Sir Miles Stapleton was over and therefore he did very much importune me to stay in the Countrey till he came to go up with me Mr. Ser. Jeff. What day was the Tryal of Sir Miles Stapleton Mr. Mow. On the Monday before Mr. S. J. You are sure of that that Mr. Smith went further into the North. Mr. Mow. I see him take Horse Mr. Ser. Jeff. But he did not come into the Company of you and Mr. Bolron till the Sunday after that Mr. Mow. See ye Sir He did desire me to stay in the Countrey till he came for he had a business of great concernment to impart to me but it would be a week or a fortnight ere he came but yet he came in a shorter time for he said he had received a Letter that brought him up Mr. Serg. Jeff. You are sure of this Mr. Mow. Yes Mr. Serg. Jeff. And you did not see him from the Monday before till that Sunday Mr. Mow. No no. Mr. S. Jeff. Now then I ask you where was that place that he met with you Mr. Mow. At Wentbridge Mr. S.J. And then you came from thence towards London the next day Mr. Mow. Yes Mr. S. Jeff. Now would I desire to know of you for I perceive he did attack you to say something against Sir John Brooks and finding that you could not do it because you had no Acquaintance he applied himself to Bolron I would know was it between that place and London Mr. Mow. Yes it was Mr. S. Jeff. And after the 3 d. of August Mr. Mow. Yes it was after we set out Mr. S. Jeff. I thought it had been the 24 th of July that you set out and continued your Journey the 25 26 27 28 29 th Alas we have lost a great deal of time between Mr. Bolron and Mr. Mowbray Bolron said it was the 25 th they lay at such a place and you are gotten to the 3 d. of August you are mistaken certainly as to point of time Mr. Mow. See Sir I will look in my Almanack 't is all set down there Mr. S.J. Let us see now if your Oxford Journey be as well set down as your Journey to Lond. is Mr. Mow. Here is my Almanack Sir Mr. Jones Here look upon his Almanack Mr. Ser. Jeff. Mr. Jones I don't care for his Almanack I had rather Mr. Mow. and Mr. Bolron could bring their Almanacks together and I would have them compared to see whether the 3 d. of August in one be the 25 th of July in the other Did you Discourse with him upon the Road the 3 d. of August and not before and Bolron that came up with you Discourse with him the 25 th of July Mr. Mow. I am mistaken I find Mr. Ser. Jeff. Ay that you are one of you most grosly Mr. Mow. See Sir here is my Almanack whereby I find that it is my mistake but pray see Sir here it is set down the day we came out was the 24. the day we came to London was the 27. Mr. S. Jeff. How didst thou set out the 3 of August from that place and yet come to London the 27 th of July Mr. Mow. I will refer my self to Mr. Smith as to the time we came up here is my Almanack Mr. S. Jeff. I will believe thy Almanack to speak truth though it have never so many Errors about the Changes of the Weather sooner than I will believe thee Coll. I perceive the man is mistaken in the moneth and the time but pray my Lord will you please to see for Justice sake if the Almanack be new writ L. C. J. Look you here is the matter Mr. Colledge he was asked again and again what day it was and he was positive to the 3 d. of August Coll. He was mistaken but his Almanack is right L. C. J. He speaks rashly that is the best can be said Mr. Mow. It was a mistake of mine Sir George but my Almanack is right Mr. Ser. Jeff. Nay Mr. Mowbray don't enter into Dialogues with me I only make a little Observation upon your Almanack Mr. Mow. It was
some fears as if there would be an Insurrection amongst them said he Let the Papist Rogues begin when they will I am ready to defend my self for one This is all I know Colledge Pray Sir how long ago was this Dr. Tongue died before Christmas at my house Mr. Symonds I cannot tell exactly when it was but during the Session of Parliament I am sure it was and as I take it in November the latter end Colledge So then pray my Lord see that these Arms they charge me withal were provided before Christmas L. C. J. But there is nothing that contradicts Dugdale's Testimony in all this Colledge It does sufficiently contradict him L. C. J. I do not see that this does at all contradict what he hath said but do you observe what you will upon it when you come to make your Defence Stranger A Gentleman below desires you to call Mr. Yates Colledge Pray Sir what do you know concerning Dugdale Mr. Yates I know that Mr. Dugdale sent for me to a Coffee-house to bespeak a Pistol for you and told me that when I had made the Pistol I should deliver it to Mr. Colledge and Mr. Dugdale promised to pay for it when I had done it Now some time after I did some small matter for Mr. Dugdale cleaned his Pistols or some small business and Mr. Dugdale asked me if I would drink a pint of wine which I agreed to and being at the Tavern Mr. Dugdale asked me if Mr. Colledges Pistol were done I told him no it was not as yet So I asked Mr. Dugdale because he had promised to give Mr. Colledge a Pistol what obligation there was betwixt Colledge and him that he should give him a Pistol to which he answered that Mr. Colledge had been serviceable to him in lending him a pair of Pistols to ride withal sometimes So he gave him a Pistol to satisfie him for the wearing of his Pistols now and then I thought said I Mr. Colledge did impose upon your good nature too much not but that I believe Mr. Colledge is a very honest man and stands up for the good of the King and the Government Yes said Mr. Dugdale I believe he does and I know nothing to the contrary Mr. Att. Gen. When was this Mr. Yates A little after the Parliament sat at Oxford for I never knew Mr. Colledge before Mr. Dugdale set me a work for him Colledge Mr. Yates pray was there nothing in the Coffee-house about one that he asked to go with him when he said he knew nothing against me Mr. Yates I heard one say Mr. Serj. Jefferies You must speak your own knowledge you must not tell a tale of a Tub of what you heard one say Mr. Yates I heard it affirmed Mr. Serj. Jefferies But by whom Mr. Yates By a person in the Coffee-house Mr. Serj. Jefferies Who was that person Mr. Yates By one of the Servants of the House L. C. J. That is no Evidence at all if you know any thing of your own knowledge speak it Mr. Serj. Jefferies Is he here Mr. Yates No I think not Mr. Just Jones How long do you think must we sit here to hear other peoples stories L. C. J. If you know any thing of your own knowledge I say speak it Mr. Att. Gen. Pray let me ask you that question again When was this that he said he believed he was an honest man Mr. Yates It was about three weeks after the Parliament sat at Oxford Colledge Then he does me wrong now for if I were an honest man then it cannot be true that he says of me L. C. J. Who do you call next Colledge Pray my Lord who hath been Sworn against me L. C. J. There is Stephen Dugdale John Smith Bryan Haynes Edward Turbervile Sir William Jennings and Mr. Masters Colledge Call Mr. Clayton My Lord at his House it was I lay in Oxford and that Dugdale says I spake some of the Treasonable words pray Sir do you know what time I came to Oxford Mr. Clayton I remember it very well it was at the time the Parliament sat at Oxford about two or three days after it began Colledge Pray what Arms did I bring to your house Sir Mr. Clayton As to the matter of Arms there was no other but a Sword and a pair of Pistols a pair of Pistols in his Holsters and his Sword by his side Mr. Att. Gen. Was there no Silk Armor Mr. Clayton I saw none if it please you such a thing might be Colledge My Lord I continued at his house from my coming in to my going out and that was till after the Parliament was Dissolved and I came after they were sat but heark you Mr. Clayton Mr. Dugdale says he was with me at your house did you ever see him there Mr. Clayton I remember I have seen Dugdale at my house but never in your company Colledge Did you sell any Mum Mr. Clayton No I never did sell any in my life Colledge Because he says we had Mum there Mr. Clayton I never saw him there with you nor changed any word with him as I know of L. C. J. Was he never in the Company of Colledge at your house Mr. Clayton Not that I saw Mr. J. Jones You don't know all the Companies that come into your house Colledge My Lord I am told there are some that came from the Town where I was born that know me and have known me for twenty four or twenty five years together if you think that material for me to prove whether I am a Protestant or no. L. C. J. If you will make out that you may But 't is your Loyalty that is in question If you will produce any that can make it appear that you use to honour the King in your discourse or so that is something Colledge If I am a Protestant then the design is plain these men Swear to make a Protestant Plot and turn the Plot off the Papists Mr. Serj. Jefferies What Church do you frequent in London to hear Divine Service Colledge I have received the Sacrament several times Sir George Mr. Serj. Jefferies When were you last at the publick Church Colledge I hope I may be a Protestant if I have not gone thither but however I do use to go to Church L. C. J. Well call whom you will Colledge Is Thomas Deacon there Mr. Deacon Yes Colledge He lives my Lord in the Parish where I was born If you please Mr. Deacon to give my Lord an account what you know of me from my Childhood Mr. Deacon I have known Mr. Colledge ever since he was a youth he was born in the Town where I live L. C. J. Where is that Mr. Deacon At Watford a Town in Hertfordshire There he lived till he was a man and Married a Neighbours Daughter of mine and lived there while he had two Children I never knew but that he was a very honest man frequented and kept to the Church of England all
I Do appoint THOMAS BASSET and JOHN FISH to Print the Arraignment Tryal and Condemnation of STEPHEN COLLEDGE and that no others presume to Print the same Fr. North. THE ARRAIGNMENT TRYAL AND CONDEMNATION OF Stephen Colledge FOR HIGH-TREASON IN Conspiring the Death of the KING the Levying of WAR and the Subversion of the GOVERNMENT Before the Right Honourable Sr. Francis North Lord Chief Justice of the Court of Common-Pleas and other Commissioners of Oyer and Terminer and Gaol Delivery held at the City of Oxon for the County of Oxon the 17th and 18th of August 1681. LONDON Printed for Thomas Basset at the George in Fleetstreet and John Fish near the Golden Tun in the Strand 1681. To the King 's Most Excellent Majesty The humble Petition of Stephen Colledge now Prisoner in Your Majesty's Tower of London Most humbly sheweth THat whereas Your Petitioner being charged with High-Treason is under strait Confinement that he hath not liberty to see or speak with any of his Friends or his Children and being lately informed that it is ordered Your Petitioner shall come to his Tryal at the City of Oxon about the middle of the next Month. Your Petitioner therefore most humbly prayes Your Sacred Majesty That leave may be given for Mr. Thomas Smith and Mr. Robert West to come to him and also to have the use of Pen Ink and Paper in order only to make his Legal and just Defence and also to have the Comfort of seeing his two Children And your Petitioner as in duty bound shall ever pray c. A true Copy Francis Gwyn At Hampton-Court JULY 28. 1681. UPon Reading this Day at the Board the Petition of Stephen Colledge Prisoner in the Tower praying that in order to the making his Defence at his Tryal which he hears is to be the middle of the next Month he may be permitted to see his two Children to have the Liberty of Pen Ink and Paper and that Mr. Thomas Smith and Mr. Robert West may come to him His Majesty was pleased to Order That the Lieutenant of the said Tower of London do permit the said Stephen Colledge to have Pen Ink and Paper and to see his two Children and the said Dr. Thomas Smith and Mr. Robert West and to Converse with them as often as he shall desire in the presence and hearing of the Wardour who attends him A true Copy Francis Gwyn To the King 's Most Excellent Majesty and to the Right Honourable the Lords and others of His Majesties Most Honourable Privy Council The humble Petition of Stephen Colledge now a Prisoner in the Tower of London Humbly sheweth THat Your Petitioner having been a close Prisoner ever since his first Commitment is altogether ignorant of the particular matters charged against him and of the Names of the Witnesses who are to prove the same upon his knowledge of both which as well the nature as the manner of his Defence must depend and because upon the consideration of his Case several Matters of Law may arise as well before as at the Time of his Tryal in which Councel will be necessary to assist him and several Matters of Fact preparatory to his Tryal with which under his Confinement he cannot be furnisht without the help of a Sollicitor and he is like to be wholly uncapable of receiving any benefit from the priviledge allowed by Law of peremptory Challenge to several Jurors especially in a Countrey where he is absolutely a stranger unless he may have some knowledge of them before his Tryal In full assurance therefore of the great Justice and Clemency of Your Majesty and this Honourable Board which he hath lately had some experience of and doth with all humility and thankfulness acknowledge Your Petitioner doth humbly beseech Your Majesty and this Honourable Board that he may have a Copy of the Indictment against him or the particular Charges of it That his Councel and Sollicitor may have free access to and private Conference with him and because their own private affairs or other accidents may call away some of his Councel from his assistance that Mr. Wallop Mr. Smith Mr. Thompson Mr. Darnell Mr. West of the Middle Temple Mr. Holles of Lincolns-Inn Mr. Rotherham Mr. Lovell Mr. Rowny of Grayes-Inn Mr. Pollexfin Mr. Ward of the Inner Temple may be assigned him for Councel and Aaron Smith for his Sollicitor and that he may have a Copy of the Jurors to be returned upon his Tryal some dayes before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton-Court AUG 11. 1681. IT is Ordered by His Majesty in Council That the Friends and Relations of Stephen Colledge a Prisoner in the Tower shall have Liberty of Visiting and freely Conversing with him and the Lieutenant of the Tower having first caused their Names to be taken in Writing is to suffer such Friends and Relations to have Access to the said Stephen Colledge without any Interruption from time to time accordingly A true Copy Francis Gwyn THE TRYAL OF Stephen Colledge c. Present the Lord Norreys Lord Chief Justice North. Mr. Justice Jones Mr. Justice Raymund Mr. Justice Levyns On Wednesday the 17 th of August 1681. the Judges and Commissioners of Oyer and Terminer and Gaol-Delivery met at the Court-House in the City of Oxford and after Proclamation for Silence the Commission of Gaol-Delivery was Read and then the Commission of Oyer and Terminer Proclamation was made for the Sheriff to return the Precepts to him directed The Justices of the Peace of the County of Oxford were called over and the Appearance of the Grand Jury summoned to attend this Commission was taken L. Ch. Just North. GEntlemen You that are returned of the Grand Inquest there has been a Sessions so lately that in all probability there will be no great matter to trouble you with at this time And so I shall not trouble my self nor you to give you any Charge because we know of no business yet that we shall need you for The Court hath recorded your Appearance You will do well to be in the way either in the Town or here about the Court that you may be ready if any thing should happen 'T is necessary for us to have your attendance but we know not of any thing that we have in particular to trouble you with We have an Indictment before us let us proceed upon that Cl. of the Crown Gaoler have you your Prisoner Gaoler We will fetch him presently Then the Prisoner was brought to the Bar. Cl. of Cr. Stephen Colledge hold up thy hand Which he did Thou art here Indicted by the Name of Stephen Colledge late of Oxford in the County of Oxford Carpenter For that thou as a false Traytor against the most Illustrious most Serene and most Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. thy Supreme and
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
Serj. Jeff. Whereabouts Mr. Zeal In Fetter-lane Mr. Serj. Holl. What Countryman are you Sir Mr. Zeal Somersetshire Mr. Attorn Gen. Whereabouts in Somersetshire were you born Mr Zeal By Sir Portman's within six Miles of him Mr. Serj. Jeff. What Trade Sir Mr. Zeal No Trade Mr. Serj. Jeff. Have you any Estate Mr. Zeal My Father has I was bred to wait upon a Person of Quality Coll. Do you know Turbervile Sir Mr. Zeal Yes Sir I do Coll. What do you know of him Mr. Zeal Sir I know nothing but what Mr. Ivy told me with his own mouth L. Ch. Just Do you know any thing of your own knowledge Mr. Attorn Gen. Has Mr. Turbervile told you any thing Mr. Zeal Not concerning Mr. Colledge he has not Coll. Ivy was amongst them Mr. Zeal Yes my Lord he was the first that swore this Presbyterian Plot. L. Ch. Just We know of no Presbyterian Plot. Coll. Can you say nothing of your own knowledge concerning Turbervile Mr. Zeal Nothing but what Mr. Ivy told me Mr. Serj. Jeff. That is not of your own knowledge and so it is nothing for he is not produced in this Cause Coll. Pray my Lord give me leave to call Mr. Ivy. Mr. Serj. Jeff. Do if you will He stood up Coll. What was that you heard Turbervile say of me or of any Presbyterian Plot Ivy. I never heard him say any thing concerning a Presbyterian Plot in my life Coll. Did not you tell Zeale of such a thing Ivy. No I never did Coll. Hark you Mr. Ivy you have sworn against me have you not Ivy. What I have sworn against you or any other person is true Coll. What have you sworn against me Ivy. I am not bound to answer you Coll. Did not you call me out with Macnamarra and Haynes to the Hercules Pillars L. Ch. Just Look you Mr. Colledge I will tell you something for Law and to set you right whatsoever Witnesses you call you call them as Witnesses to testifie the truth for you and if you ask them any Questions you must take what they have said as truth therefore you must not think to ask him any Question and afterwards call another Witness to disprove your own Witness Coll. I ask him was he the first time with us when I was called out of the Coffee-house to hear Haynes's Discovery L. Ch. Just Let him answer you if he will but you must not afterwards go to disprove him Coll. If he were sworn against me I would not ask him any Questions for he is among them L. Ch. Just Ask him what you will Coll. I desire not if he have sworn against me for truly I can't expect a good Answer from him but he was by when Haynes made his Discovery L. Ch. Just Will you ask him any Questions Coll. I ask whether he hath given any Evidence against me any where Ivy. I am not bound to answer you L. Ch. Just Tell him if you have Ivy. Yes my Lord I have Coll. Then I think he is no good Witness for me when he hath sworn against me Ivy. I have sworn against him and others You know that you and I have had a great many Intrigues about this business in hand and how we dealt with Mr. Haynes L. Ch. Just Look you he does not call you for a Witness for him you can testifie nothing and so you must be quiet Coll. Call Mr. Lewes Who appeared L. Ch. Just What is your Christian Name Mr. Lewes William Coll. Pray Mr. Lewes what do you know about Turbervile Mr. Lewes I know nothing at all I assure you of him that is ill Coll. Do you know any thing concerning any of the Evidence that hath been given here Mr. Lewes If I knew any thing relating to you I would declare it but I know something of Mr. Ivy it has no relation to you as I conceive but against my Lord of Shaftsbury L. Ch. Just You would call Ivy for a Witness and now you call one against him and that I told you you must not do but Ivy is not at all in this Case Coll. Do you know any thing of the rest of them Haynes or Smith or Dugdale Mr. Lewes No more than what Mr. Zeale told me was told him Coll. Do you know any thing of a Presbyterian Plot Mr. Lewes If the Court please to hear me I will tell my knowledge of that but I know nothing that affects him in the least only that which concerns my Lord of Shaftsbury L. Ch. Just That is nothing to the purpose call another Mr. Lewes There was not to my knowledge a word mentioned of your Name I will do you all the Justice I can if I knew any thing concerning you I would be sure to relate it Coll. I cannot say who can or who cannot I am a Stranger to all of it L. Ch. Just Well call your next Witness Coll. My Lord there was a Petition presented to the Common Council of London wherein they set out that they were tamper'd withal about a Plot against the Protestants L. Ch. Just A Petition from whom Coll. I cannot tell from whom from some of these Witnesses L. Ch. Just Who preferred and signed it Coll. Mr. Turbervile was one Pray call Doctor Oates L. Ch. Just The Prisoner calls upon you Mr. Oates What would you ask him Mr. Colledge Coll. Where is the Petition to the Common Council Doctor Dr. Oates I have it here in my hand L. Ch. Just By whom was it presented Dr. Oates It was given by Mr. Turbervile and Mr. Macnamarra to Mr. Wilmore L. Ch. Just Was you present when it was delivered Dr. Oates Mr. Wilmore did deliver it to me before he was apprehended for being to come down as a Witness he was taken up and committed to Prison L. Ch. Just Whose Hands are to it Dr. Oates I know Mr. Turbervile's Hand he will not disown it Clerk Reads It is subscribed Edward Turbervile John Macnamarra L. Ch. Just Look you Mr. Colledge what word is there in all this Petition that is a contradiction to what they have said now Coll. I did not hear it my Lord. L. Ch. Just They say they are constant Witnesses for the King against the Papists and they have been tempted to unsay what they have said how does that contradict what they say now Coll. I suppose they say they have been tempted to turn the Plot upon other people and to make a Plot upon the Protestants L. Ch. Just They have been tempted they say by the Papists to unsay what they have said but the Jury have heard it read and will give it its due weight Will you ask Mr. Oates any Questions Coll. What do you know of Mr. Turbervile Dr. Oates As to Turbervile my Lord a little before the Witnesses were sworn at the Old Bayley I met with Mr. Turbervile I was in a Coach but seeing Mr. Turbervile I stept out of the Coach and spoke with him for hearing that he was a Witness
a great deal of damage to his Goods Gentlemen said I I suppose you have Order to search but none to spoil a mans Goods When they were gone having found none they threatned God dam them they would have them for there they were But I being ignorant of the concealment of the papers I requested the Maid and my Brothers Son whether they knew of any papers and they satisfied me they knew of some prints that were brought by a Porter to be left at my Brothers but they knew not whence they came nor what they were and the same answer gave my Brothers Son that he did not know whose the papers were But since his Fathers Confinement they were laid up sure and safe for they knew not what they concerned Upon this my Lord my Brother-in-law George Spur he comes into the house and if it please your Honour I requested him to carry them into the Countrey to his house to secure them till we knew what they did concern and who they did belong to Whereupon he replyed my Lord That he was fearful to carry any thing out of the house said I If you will please to take them of me I will carry them out of the house for your security because his Wife looked every hour being with Child when she should be delivered and he was fearful of troubling her So I carried them out of the house and delivered them to him L.C.J. To whom Mrs. Goodwin To my Brother-in-law Mr. George Spur. So at my going out after I had delivered them to him in my way back again I found a small paper-Book and a small parcel of Writings who dropped them or who laid them there I cannot tell But taking them up unadvisedly I put them among the prints which I carried out I delivered them to my Brother-in-law This is all I have to say as to the papers Stevens Three parts of what she hath said is false Mr. Serj. Jefferies Well hold you your tongue Stevens Mr. Atterbury is here my Lord that searched the house Atterbury Be pleased to give me my Oath I will tell you what passed Mr. Att. Gen. We don't think it material but you were Sworn before stand up L.C.J. Tell the manner of finding the papers This woman gives us an account of a Waterman that came in pretending to fetch shavings Atterbury Upon my Oath it was not so The Waterman was a Waterman that brought me and two more of my Fellows and the Waterman followed us into the yard but came after us and being ordered to look for papers I did search the House for I had Intelligence that there were papers there but I did not find them there But upon finding the first papers I made the more diligent search but could not find the rest I most chiefly sought after Mr. Serj. Jefferies Did the Kings Waterman take any shavings by himself Atterbury We were all together we did not move out of any one Room but together this Gentlewoman was in the house when I came and there was a little Child a Girl and this Maid was there Mr. Serj. Jefferies Did you come for shavings there pray Mr. Atterbury Atterbury No I did not Mrs. Goodwin The Waterman did though first Colledge Call George Spur. But he did not appear But Mr. Atterbury before you go down pray tell the Court did you take any of these papers at my house or at my Brother-in-law Spurs house Sewel My Lord I took the papers and I took them at Bushy at Spur's house And this woman carried out one half to Spur and the Maid carried out the other L. C. J. When did he carry them Mrs. Goodwin The same day they searched for them for my Brother came in at the same time L. C. J. How do you know Spur carried any away Mrs. Goodwin He carried none out of the house I carried them out of the house and delivered them to him L. C. J. Then they were in your house Mrs. Goodwin They were in the Counting-house Colledge My Lord If they were in any other place I know not how they came there for this was all done after I was a Prisoner and Sewel says they were removed when I was a Prisoner Where is George Spur Mr. Serj. Jefferies It is admitted they were at your house and taken thence and afterwards carried to Spurs Colledge They carried them abroad and handed them from one to another and took them into the Countrey I know not what they did with them but my Lord I neither know the Printer nor the Author I declare it upon my life L. C. J. Have you any more Witnesses Colledge No my Lord I have not L. C. J. Will you that are of Counsel for the King call any more Mr. Att. Gen. One or two if you please my Lord. Call John Shirland And it is to this purpose it seems very lately Mr. Bolron would have tempted him to have forsworn himself Colledge My Lord I hope if they bring in any persons of new Evidence I may have leave to contradict them L. C. J. You need not fear but you shall be heard to them Mr. Att. Gen. We shall prove Bolron to be a Suborner of Witnesses and that the Jury may know what he is he and Mowbray have gone to give Evidence at several Trials and the Jury would never believe them when they were on their Oaths Mr. Serj. Jefferies I think it needs not time hath been spent enough already Colledge No whispering good my Lord. Sir G. Jefferies Good Mr. Colledge you are not to tell me my duty here Mr. Just Jones Is it not lawful for the Kings Counsel to confer together Colledge Not to whisper my Lord all ought to be spoken out L. C. J. Nothing ought to be said to the Jury indeed privately Mr. Att. Gen. But shall not we talk among ourselves Colledge No I hope not of any thing that concerns my Tryal Mr. Just Jones You are deceived in that Colledge I think 't is Law that all ought to be publick I beg your pardon if I am in the wrong Mr. Att. Gen. Swear John Shirland which was done Pray give the Court and the Jury an accompt of Bolron what you know of him Shirland Bolron my Lord last Whitson-Tuesday would have given me ten pound and an horse to go down and Swear against Sir Miles Stapleton I was to Swear I was Suborned by his friends and several other persons which I have discovered upon my Oath L. C. J. Is this man Sworn Mr. Att. Gen. Yes L. C. J. Now call Bolron to confront him Colledge He offered you an Horse as much as I offered Turbervil an Horse and I never offered him an Horse in the world Then Bolron appeared L. C. J. Is this the man Shirland Mr. Att. Gen. Did he give you Ten pound to Swear Shirland He bid me Ten pound and an Horse to Swear against Sir Miles Stapleton Mr. Just Jones Did you ever see him Bolron Mr. Bolron Yes my Lord
tell what they were or know what he meant by them Colledge Then always they are to be taken in the best sence L. Ch. Justice For the other Witnesses Stephen Dugdale John Smith Bryan Haynes and Edward Turbervile they are all of them taking what they say to be true very full Witnesses The Prisoner hath objected as to two of them because they speak to nothing that was done in Oxfordshire but Turbervile and Dugdale they speak to what was said in Oxfordshire Now for that I must tell you If you believe any one of these Witnesses as to what was said in Oxford and any of them as to what was said in London relating to the same Fact of Treason they will be two good Witnesses to maintain the Indictment though the one is in the one County and the other in another for if a Treason be committed in two Counties it is in the Kings Election where he will Exhibit the Indictment and the Evidence from both Counties is good Evidence that I take for Law and these four Witnesses with that consideration that they are true as I think are full Witnesses to maintain this Indictment Why then the next Head is concerning the truth of this Evidence of which you are to be Judges and you are the proper Judges whether the Witnesses speak true or no therefore you must have your own Consciences to direct you in that case and what I shall say about them shall be only for your Assistance Gentlemen I shall not take upon me to repeat the Evidence to you it has been long and for me to speak out of Memory I had rather you should recur to your own Memories and your own Notes Only I shall say something in general to contract your Consideration of it And as I told you at first you must mind nothing of what the Kings Counsel said for nothing must have Impression upon you but what they proved So you are not to consider any thing of the Facts the Prisoner spake of that 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 flour is hung and popular things as ever he can for himself And therefore these things must not weigh with you further then 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 will 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 material Witnesses relating to what was spoken in Oxford-shire 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 damm him he would have Colledges Blood 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 money and was pressed to it and being asked did say 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 probable that after Witnesses had sworn a thing they should voluntarily acknowledg 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 Oxford-shire 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 you Lordship urged L. Ch. Just 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. Ch. Justice 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. Attorny General and Mr. Solicitor were an hour and half with the Grand Jury Mr. Serj. Jefferies You must say nothing now my Lord has given the Charge Colledge Let me have Justice done my Lord that 's all I crave that no Body may be with the Jury L. Ch. Justice Look you Mr. Colledge they might be with the Grand Jury but as to the Petty Jury there shall be a Bayliff sworn
Brooks as to this Discourse But I declare I did never hear it and Mr. Smith was the first man that ever I heard it from I never heard it before in my Life Colledge Would he have had you been an Evidence and swore it Mr. Bolron Yes he said he had given an Account of it to the King and if I did manage it rightly against my Lord Shaftesbury and Colledge he would make me for ever those two Persons were mentioned all along But I do declare it I did never hear them speak Treason against the King in my Life And he did further tell me that I must say so and so for if we did not agree it would signifie nothing But my Lord I know nothing of the matter I never heard any one speak of it but Mr. Smith My Lord this is true Mr. Mowbray was the man that was by when it was Discoursed Mr. Just Jones He would have had you sworn it would he Mr. Bolron I discovered it to my Lord Mayor Mr. Att. Gen. When did you discover it Mr. Bolron Soon after I came to Town Mr. Att. Gen. When was it Mr. Bolron Some time last week Mr. Att. Gen. Was it on Saturday last Mr. Bolron It was the beginning of the week Mr. Serg. Jefferies Thou art such a Discoverer Mr. Bolron My Lord 't is very true what I say If I had known any such thing I would have discovered it Mr. Serg. Jefferies Thou wouldest have discovered it before that time of my Conscience Colledge My Lord he hath been an Evidence against the Papists as well as Mr. Smith and therefore pray Sir George don't make your flourishes upon him Mr. Serg. Jefferies He was an Evidence but he had the misfortune never to be believed Mr. Att. Gen. Do you know any thing of any Pictures of Mr. Colledge's making Have you seen Raree Shew Mr. Bolron Never in my Life Mr. Att. Gen. Did you not shew it in Oxford Mr. Bolron No never in my Life Mr. Serg. Holloway Did you never declare to any Gentleman of Oxford that Colledge made this Picture Mr. Bolron I have seen the Character of a Popish Successor but I never saw Raree Shew Mr. Serg. Holloway Here is the very Gentleman my Lord that will make Oath of it Mr. Bolron He was supposed to make them I did not know that he did Mr. Serg. Jefferies I do only desire one thing I do not say that you ever had Raree Shew but did you ever tell any body that Colledge made any of these Pictures Mr. Bolron I have heard of such a Paper but I did never see it in my life Mr. Serg. Jefferies Do you know that Gentleman Mr. Bolron Mr. Bolron I know him not Mr. Serg. Jefferies I would ask you whether you ever had any Discourse with that Gentleman Mr. Bolron Never in my life Then the Gentleman was sworn being a Master of Arts. Mr. Serg. Jefferies What is the Gentlemans Name Mr. Serg. Holloway Mr. Charlett of Trinity Colledge Mr. Serg. Jefferies Pray Sir do you know that Person there Mr. Charlett My Lord in the new Coffee-House that was by the Schools that was set up in the Parliament-time there was a Gentleman that is in the Court I think one Mr. Dashwood and one Mr. Box were there together to drink a Dish of Coffee and hearing that some of the Evidence were there we desired their Company up and that Gentleman was one and among other Discourse they were speaking of some Pictures and they shewed us the Picture of the Tantivies Mr. S. Jeff. Did this man shew it you Mr. Char. This very man It was the Pictures of the Tantivies and the Towzer he told me they were made by Colledge he was a very ingenious man Mr. Bolr. I know nothing of it the Character of a Popish Successor I have seen but never the other I never shewed him any such thing Then the Pictures were shewn him Mr. Char. It was something like this but I cannot say for any of the other Mr. Bolr. The Character of a Popish Successor I say I have seen and Colledge himself hath told me he made the Character of a Popish Successor I do not deny that I have seen that L. C. J. Would you ask him any more Questions Mr. Bolr. My Lord I have something more to say concerning Mr. Brian Hains In January February and April last several times I was in his Company and I heard him say he knew nothing of a Popish Plot nor of a Presbyterian Plot neither but if he were to be an Evidence he did not care what he swore but would swear and say any thing to get money Mr. Just Jones Did he tell you so Mr. Bolr. Yes I did hear him say To day he would be a Papist to morrow a Presbyterian he did not care for Religion he would never die for Religion he would be of that Religion that had the strongest party My Lord he told me so at my own house in Fleetstreet Colledge He would say any thing for money pray my Lord take notice of that for so I find he does Mr. Bolron Then there is Dennis Macnamarra and John Macnamarra Mr. Ser. Jeff. We have nothing to say to them Colledge They have been Evidences against me though you do not now produce them they are all in a string but they are not now brought because my Witnesses are prepared to answer them L. C. J. Will you call your next Witness Colledge Mr. Mowbray Pray Sir do you know Narrative Smith as he calls himself Mr. Mowbray Yes my Lord. Colledge What do you know of it Mr. Mowbray I came up from York with him when I returned after I was commanded down upon the Kings account to give in Evidence against Sir Miles Stapleton he came to me the third of August and called at my house in Yorkshire and was very importunate for me to come up to London with him for he said he had a Letter come to him which commanded his presence at London very suddenly and he produced that Letter which he said came from a Gentleman of the Court or some Court dependent so he read the Letter in Mr. Balron's hearing We set forward on Sunday and upon our journey to London he told me he had something of importance to impart to me so upon the road he began to discourse of the Parliament and of the illegal proceedings and Arbitrary power of the 2 last Parliaments he said their proceedings were very Illegal and Arbitrary and he began to open some of the Votes as that which they voted that those that should lend the King money upon the Crown lands should be enemies to the King and Kingdom and those that Counselled the King to dissolve the Parliament and he repeated many Votes and said he these are signs of Arbitrary power and certainly they design to take off the King so he proceeded further to ask me what was the discourse of Sir John Brooks when we came up