Natural Lord the Fear of God in thy heart not having 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 Soveraign 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 Soveraign 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 Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Soveraign 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 Soveraign 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 Soveraign Lord the King to procure and cause and our said Soveraign 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 Soveraign 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 Soveraign 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 Soveraign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously did prepare Arms and Warlike offensive habiliments to wage War against our said Soveraign 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 Soveraign 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 Traiterously didst say and declare That it was purposed and designed to seize the Person of our said Soveraign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy Traiterous purpose aforesaid wouldst be one of them who should seize our said Soveraign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and traiterous Imaginations Compassings and Purposes aforesaid the sooner to fulfill and perfect and discords between our said Soveraign Lord the King and his People to move cause and procure then and diverse times and dayes as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of diverse Leige Subjects of our said Soveraign Lord the King then and there being present falsly maliciously subtilly advisedly devillishly and Traiterously didst say and declare That nothing of good was to be expected from our said Soveraign Lord the King that our said Soveraign Lord the King did mind nothing but beastliness and the Destruction of his People And that our said Soveraign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How say'st 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 Councel assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment L. Ch. Just These are the things you ask you would have a Copy of the Indictment you would have Councel 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 L. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of C. Yes L. 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 propose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a Copy of
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
I should defend my self if I have not my Papers L. Ch. Just We know not what Papers you mean Colledge The Gaoler took them from me and one of the Kings Messengers Pray my Lord will you order them to be returned to me again Let me but see whether I have any right or no and whether I have any thing to plead or no When I have perused my Papers I will propose it as well as I can to you Pray my Lord let me have a fair Tryal L. Ch. Just We promised you a fair Tryal but you must put your self upon that Tryal by your pleading Colledge I cannot do that without my Papers my Lord. Let me but have them again and I will not delay your time at all L. Ch. Just You can tell whether you are Guilty or Not Guilty can't you Colledge If I have a Plea in Law against the Indictment I hope you will not hinder me of that which is my right It is possible the Indictment does not lay it right either as to the matter of Treason or as to the place Mr. Just Jones That is upon the Issue of Not Guilty upon your Tryal If there be not matter of fact or words proved that are Treason in this place you will have the advantage of it upon your Tryal Colledge I know not my Lord but that the Indictment does mention something of Treason and something of Misdemeanour Mr. Just Jones That which is Misdemeanour won't amount to a proof of the Treason upon the 〈◊〉 L. Ch. Just If they prove no Treason against you here but only Misdemeanour I do not understand that the Jury can find you Guilty of that Misdemeanour for 't is another Crime and there is another sort of proceedings for it In Misdemeanour there are no peremptory Challenges in Misdemeanour Councel is to be allowed for the Prisoner but not in Treason Colledge Pray my Lord be pleased to order me my Papers again I know not what to say without I have the assistance of my Papers when I have them I shall be ready to plead presently according as I shall find I may by Law This I am sure I have done nothing nor said nothing of Treason and I pray for nothing but Justice and that which is my right This is a most horrid Conspiracy to take away my life and it will not stop here for it is against all the Protestants in England L. Ch. Just Mr. Colledge you do not only trifle but run out into very great Extravagancies Who has any Conspiracy against your life You shall be allowed to give in Evidence any thing of any Conspiracy against you or Contrivance against you when you are upon your Tryal Now the Question is Are you Guilty or Not Guilty I see no use of Papers that you can have as to the Plea Mr. Just Jones You will run into Danger by spending of time Colledge Pray my Lord Order me my Papers they are in the Hands of Mr. Murrell the Goaler and Sewell the Kings Messenger L. C. J. When you have Pleaded we will take it into Consideration Colledge My Lord it may be too late then L. C. J. 'T is a plain matter before you whether you be Guilty or no. You know what to Answer Colledge I will give a direct Answer after I have my Papers again Mr. Just Jones You can give an Answer to that without Papers L. C. J. Consult with your own Heart and there you may receive an Answer to that Question Mr. Att. Gen. Mr. College can any body tell whether you be Guilty or no better then your self Mr. Just Jones If you expect any Papers they ought to be framed by your self for by Law none can advise you what to Plead Colledge I don't expect it in matter of Fact but if matter of Law arise Mr. Just Jones But this is a matter of Fact and therefore you may Plead Not Guilty as well without your Papers as if you had them Colledge But if there be any matter of Law that I ought to have the Advantage of Mr. Just Jones Then you ought to have no Advice till they be assigned by the Court For by the Law neither Counsel nor Advice are allowable to you till the matter has been proposed and the Court think fit to assign you Counsel Mr. Just Levinz You talk of the Priviledge of an English man you have all the Priviledges of an English man You are here brought to an open Tryal according to the Law and by that Law you must Plead Now if a Man be Indicted for High Treason he is bound to Plead either Guilty or Not Guilty unless he has a matter in Law to excuse him from that Plea which must be proposed to the Court and then Counsel will be assigned and if so be matter of Law arises upon any Evidence that is given against you at the Tryal you may demurre upon that Evidence and pray Counsel of the Court to argue that demurrer and they will not deny you but I think you must Plead presently Colledge I suppose other Persons that have been tried have had Counsel before they have Pleaded Mr. Just Jones But never before the Matter was proposed to the Court. L. C. J. It was so in the Case of my Lord Stafford The Court made him propose his matters in Law and so it was in Lilburne's Case He did insist upon a great many matters in Law and had the Books there himself Colledge I am wholly Ignorant of the Law my Lord. Mr. Serj. Jefferies Your Lordships are the Judges of Law in this Case The Question here in short is whether the Prisoner be Guilty or Not Guilty and that being demanded of him by the Court if he refuses let him take the Consequence of it Colledge What is that pray Sr. George Mr. Att. Gen. Judgment of High Treason For if a Person stand mute and will not Plead to an Indictment of High Treason the common Judgment of Pressing to Death must not pass upon him but an Attainder of High Treason Colledge Well if it be so I cannot help it I thank God I am Innocent of any Treason or any such thing L. C. J. Why don't you Plead Not Guilty then Colledge I do not refuse to Plead I am willing to Plead with all my Heart if I may have my Right Mr. J. Jones If you do not Plead you do refuse to Plead Colledge Pray my Lord let me have my Papers Mr. Att. Gen. Pray give the Court an Account where had you those Papers L. C. J. Nay we will not enter into any Examination of that matter now Mr. Attorney he can have no use of Papers to see whether he should Plead Guilty or Not Guilty Mr. S. Jef. We know nothing of those Papers we desire he may answer to the Question shortly whether he be guilty or Not Guilty if not we pray your Lordships judgment Colledge I had them not all from one Person they were received from my own hands some
you delivered to him in the Tower Colledge The three pieces joyned together that contains Directions how to Govern my self there is another of the same purpose which instructs me to demand a Copy of the Indictment and of the pannel of the Jury and those were Instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you Plead speak to this Purpose Pray my Lord I desire that may be Examined and Mr. Smith may be called to give an Account how he came to give the Prisoner those Papers for here are abundance of Niceties proposed for him to move and there will be a strange sort of Proceedings at this rate if men go about to espouse the Cause of Traytors Colledge I am noe Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that Morning as I am Informed Mr. Att. Gen. Here is a List of the Names of several men of the Country returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that Paper my Lord Mr. Att. Gen. No I hope not L. C. J. Whether they are Material or not Material If we should judge them not Material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in Case there were a Crime in the delivering of them that would not do well on the other side Therefore I would have these Papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another Account Mr. Att. Gen. But if it please your Lordship I desire you would enter into the Examination of this Matter for I have an Account from London by a special Messenger that there are several Persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another Paper which is a List of men as Witnesses picked up together against the King's Witnesses L. C. J. He must have that deliver him that presently Mr. Att. Gen. But my Lord others have gone about and framed Witnesses for him L. C. J. You must give him the List of his Witnesses for I see not what use you can make of it Mr. Serj. Jefferies This no man will oppose sure if any thing that is delivered to him be fit to be delivered the Person that delivers it must come and own it but before any Person delivers any Papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those Papers mean and who gave them L. C. J. Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be Proper for us to enter into the Consideration of it But in the mean while what hurt is there If the Papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life tho he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. Jefferies With Submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask Counsel of Persons and bring it in Papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Counsel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is L. C. J. What think you of our perusing the Papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good Condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to Plead dilatories College Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your Judgment about them when you have perused them Then the Judges looked upon that Paper that was called the Speech L.C.J. We have read enough of this to suppress it and to examine it how this came to his hands Mr. Just Jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse then that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two Papers to the Prisoner Mr. Smith Doe's any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. C. J. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe Custody only to secure him till we can examine it not as charged with any Crime but only that he may be forth-Coming to be Examined Mr. Att. Gen. You do not make a direct Answer Mr. Smith in the Case it will be proved upon you Mr. Smith Mr Attorney I know not what Answer to make better then I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be Examined Mr. Smith I come to give no Informations here Mr. Attorney If I did I should be then Examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. C. J. Mr Attorney you will take a Recognizance of Mr. Smith to be forth-Coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you Leave to go to the Prison I did not think you would have abused that Kindness to give him Papers L. C. J. Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. C. J. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I declare I abhor that Expression to be so interpreted that I reflected upon the Court. L. C. J. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town tho I have not spoke one Word in any publick Company since I came Mr. Just Jones It seems
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 into such Hands as the Court may have command over they shall be in the Sheriffes Sons Hands and you shall have the immediate Use of them Colledge If there be any thing else in those Papers necessary for my Defence I pray I may have it L. C. J. The Speech is not fit for you what other Papers would you have Colledge Another Paper there is that is something of Law Mr. Just Jones Nothing but libellous and what is a Scandal to the Government Mr. Att. Gen. You are to have nothing of matter of Law but what you are to propose your self Colledge If you take away all my helps I cannot propose any thing Mr. Serj. Jefferies To allow you those papers is to allow you Counsel by a side Wind. L. C. J. Look you the papers of instructions shall be delivered to the Sheriff's Son who shall let you peruse it in this interval and make use of it in your Tryal but it must be in safe custody to be used upon further occasion as the Kings Attorney shall think fit Then the Court adjorn'd till 2 in the afternoon Post meridiem At 2 a clock the Court returned and Proclamation was made for attendance and for the Vnder-Sheriff to return his Jury Colledge My Lord ought not I to have a Copy of this Jury L. C. J. No they are to look upon you as they come to be sworn and then you are to challeng them Cl. of Cr. Stephen Colledge hold up thy Hand and hearken to the Court those good men that you shall hear called and personally appear are to pass c. Colledge Pray Sr. let the way be clear that I may see them Cl. of Cr. Ay Ay. Colledge Pray Sr. how many are there of the Jury that appear Mr. Att. Gen. There are enough Cl. of Cr. Make Proclamation for Information which was done Cl. of Cr. Henry Standard who was Sworn Richard Croke who was challenged by the Prisoner William Bigg challenged Mr. Just Jones Do you challenge him Peremptorily or with Cause L. C. J. If he do not shew Cause it must be supposed it is Peremptory Colledge I suppose he was upon the Grand-Jury L. C. J. That would be a Chalenge with Cause Mr. Bigg No I was not Colledge Then I do not challenge him I know him not he was Sworn Cl. of Cr. Thomas Marsh challenged Thomas Martin did not appear Gabriel Merry being almost a hundred years of Age was excused Robert Bird Sworn John Shorter Sworn William Windlow Sworne Edward Aryes Challenged William Ayres Challenged and Richard Ayres Challenged Charles Hobbs Sworn Roger Browne Sworn Timothy Doyley Sworn Richard Dutton Challenged Ralph Wallis Sworn John Nash Challenged John Benson Sworn John Peircy Sworn William Webb Challenged and John Lawrence Sworn Then they were counted and their Names in Order thus Henry Standard William Bigg Robert Bird. John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph Wallis John Benson John Peircy John Lawrence L. C. J. Mr. Sheriffe there are a great many of the Jury that are not Sworn they are discharged let them go out of the Court and so you will make Room for the Witnesses Cl. of Cr. Gentlemen you of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of Stephen Colledge late of Oxford in the County of Oxford Carpenter for that he as a false Traytor c. Proved in the Indictment Mutatis Mutandis and upon this Indictment he hath been Arraigned c. Mr. North. May it please your Lordship and you Gentlemen that are Sworn this is an Indictment against Stephen Colledge the Prisoner at the Bar for an Endeavour to raise a Rebellion within this Kingdom wherein he is accused and the Jury find that he as a false Traitor against the Kings Majesty contrary to the duty or his Allegiance on the 10 th of March in the 33 d. year of the Kings Reign at Oxon here did trayterously Conspire and Compass the Death of the King and the Subversion of the Government and to raise a Rebellion in the Kingdom and to slaughter his Majesties Subjects to put the King to Death to Levy War against him and to deprive him of his Royal State and Government and to alter the Government at his own Will and Pleasure and to accomplish this he did at Oxon here prepare Arms for the carrying on the War and excited one Edward Turbervile and others to arm themselves against the accomplishment of this Design and did declare his purpose was to Seize the Kings Person at Oxon and that he was one of those that was to do it and to bring the said Turbervile and other Subjects to his purpose did Falsly Malitiously and Trayterously declare in their Hearing that there was no good to be expected from the King that he minded nothing but the Destruction of his People and Arbitrary Government and to introduce Popery And this is laid to be against the Duty of his Allegiance against the Kings Peace and against the form of the Statutes in those Cases made and provided The Prisoner you hear upon his Arraignment hath pleaded Not Guilty which Issue you are to try and if the Evidence for the King which are ready to be produced prove that which is laid to his Charge you are to find it accordingly Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar stands Indicted of a very high Crime no less then High Treason and that too of the deepest Dye it is for an Endeavour to destroy the King to subvert the Government to raise a Rebellion amongst the Kings Subjects And Gentlemen those Instances that we shall give you and produce our Evidence to for the Proof of that are these He laid his Design to Seize the King at Oxon and he did not want his Accomplices to do it but they were not Men Gentlemen that were Protestants but Men that were Rebels in the late War they were men of such a Kidney that he associated himself with and these were the Persons that were to assist in this Attempt In order to this he had prepared Arms in an extraordinary manner Arms of a great Value for one of his Condition who is by Trade a Joyner for if a true Estimate were taken of the Value of the Arms I believe they were worth twice his whole Estate he prepared a good Horse extraordinary Pistols a Carbine a Coat of Maile an Head Piece and so being armed Cap a-Pee with that Design he came hither to Oxon. And you will judge whether these be fit Tools for a Joyner Colledge I beseech you Sr. have you any body to prove this If you have not you do hurt to the Jury as well as me
to speak it L. C. J. Be patient Mr. Colledge and let Mr. Attorney go on to open the Charge I will tell you and the Jury too that what he saies further then he makes good by Proof and Witnesses will serve for nothing Colledge 'T is hard the Counsel should plead against me and open things that he cannot prove L. C. J. I will do you all the Right Imaginable and therefore I do tell you again if they do not prove it all he saies is nothing Colledge But I beseech you my Lord since there hath been such extraordinary Means and Methods used to contrive my Death that the Witnesses may be examined apart and far from the Hearing one of another L. C. J. That we will take Care of by and by Mr. Att. Gen. Mr. Colledge This shews your Temper you are very inordinate in your way of expressing your self Colledge Mr. Attorney I should not Interrupt you if I were not afraid this was spoken to possess the Jury Mr. Att. Gen. I hope to prove what I have said or every word of it shall pass for nothing Colledge 'T is impossible for all the Men on Earth to prove it Mr. Att. Gen. Gentlemen these were the Particulars I was opening to you in what manner he was armed and how accoutred he came hither We shall likewise shew you that he made it his Business to perswade others to undertake the Design and joyn with him and as if open War were already Declared he gave out a Sign which was a blew Ribbon a wrought Ribbon with Letters in it and this was the mark and Sign they were to know one another by This was given out by him frequently and that it may not seem an extraordinary thing Gentlemen tho indeed it was a wild attempt yet you will cease to wonder when you have heard of the Exploit of Venner who with a few men raised such a Commotion soon after the Kings coming in and the several Exploits that have of late in Scotland been carried on by a few discontented Persons So that men of the like Principles as we shall give you an Account of this Gentlemans Principles what they were may well be thought to ingage in such an Extraordinary Exploit And we shall prove what the incouragment was he was to have for he boasted of himself that he should be in a little time a Collonel Colledge What Sir Mr. Att. Gen. A Collonel a great preferment for a Joyner Colledge Yes it was so Mr. Att. Gen. We shall shew to you that this was not a sudden unpre-meditated thing for we shall prove that he had entertained the horridest Malice against the King that ever Subject entertained against his Soveraign For we shall give this Evidence and his Front will not oppose it that he had made it his common Discourse in Coffee-Houses and publick Houses and I believe I could bring you 40 and 40 Witnesses to it to defame the King and murder him in his Reputation and was one of the Complices with Fitz Harris who lately was Executed for that venemous Libel We shall prove that he justified it and maintained it to be as true as the Gospel We shall give Evidence that he carried on the same Design with that Arch-Traytor who was a Papist and I believe if this Gentleman were Examined throughly he would be found to be one of the same Stamp and acted by the same Principle for I think that no Protestant Subject would attempt such things as we shall prove to you I believe Gentlemen you have frequently heard as none of us but have that the King hath been traduced as a designer of Arbitrary Government and his Reputation blasted Maliciously and falsly as an introducer of Popery Whence comes all this generally but out of the Popish Quiver who make it their business to set the Kings good Subjects at variance amongst themselves and against their Prince by Styling the King a Papist as this Person hath done nay he hath been so impudent as to report that the King was in the Plot against his own Life We shall prove to you how here and at other places he hath frequently done this to go further we shall produce to you the Evidence that he drew the Kings Picture and exposed him in all the reproachful Characters imaginable and that the Picture might be the better understood he adds a Ballad to it And that he may not have the Confidence to say this is not true we shall produce to you a whole Bundle of these Papers among those which his Son made a Discovery of when they were sent to his Uncle to be hid and we shall prove him to be the Author of them and yet that this man should have the Confidence to say he is a good Subject and a good Protestant when by all ways imaginable he goes about to ruin the Government and defame the King And Gentlemen when we have given you this Account by Witnesses for I would have you believe me in nothing but according as I prove it you will not wonder then that he should say his Life is in danger for so it is indeed And if any man ever was Guilty of High-Treason sure he is and being Guilty of the greatest Treason he deserves the severest Punishment Colledge Pray Gentlemen of the Jury take Mr. Attorney General at his word and remember Sir you desire not to be believed your self but what you prove Mr. Serj. Holloway May it please your Lordship and Gentlemen Pursuant to what Mr. Attorney hath opened we will call our Witnesses and we will begin with Mr. Dugdale who was a Witness against my Lord Stafford at his Tryal in Parliament whose Credit Mr. Colledge did attest at that Tryal asserting him to be an honest good man and I believe his Evidence will go in a great measure through all that Mr. Attorney hath opened and when we have done with him we hope to second him with other Witnesses of as good Credit and that will say as much to the Purpose Then Mr. Dugdale was Sworn Mr. Att. Gen. Mr. Dugdale look upon the prisoner and tell the Court whether you know him Mr. Dugdale Yes I do know him Sir Mr. Att. Gen. Will you give us an Account of your knowledge of him Colledge My Lord I humbly desire they may be Examined apart and not in the hearing one of another Mr. Att. Gen. That with Submission ought not to be in the Kings Case tho we think there are none of them that will speak any more then the Truth Colledge Here are several of them my Lord they are all of a Gang. Mr. Serj. Jefferies Not of your Gang Mr. Colledge Colledge I Pray they may go out my Lord which was ordered accordingly Mr. Dugdale If your Lordships please whether or no I may deliver in these Papers Mr. Att. Gen. By and by time enough when we ask for them speak your own knowledge Mr. Dugdale My Lord I have been I think acquainted with Mr.
then it was in London that I said those words to him and coming before a Grand Jury of honest Gentlâ—men in London they were so wise and honest as to do me Justice and not find the â—ilâ— so their design failing there then they changed it to Oxford L. Ch. J. You did not come to your Tryal there if you had so done then they would have asked him in particular what was said at Oxford and what at London as 't is now being done in both Counties But look you if you will ask any particular Questions do for they have other Witnesses to produce Colledge My Lord I only ask this Question Whether it be not rational to think that when he swore before Sir Lionel Jenkins he should not swear the words were spoken and things done Mr. Dugdale He hath said the same words to me at my Lord Lovelace's as I lay in Bed with him and this I never mentioned but now in my Evidence Colledge What words did I say there Mr. Dugdale If you must have them repeated they were about the King Colledge What were they Mr. Dugdale That he was a Papist and designed Arbitrary Government Colledge Did I say so to you at my Lord Lovelace's Mr. Dugdale Yes as we lay a Bed Mr. Sol. Gen. Did you lie together Mr. Serj. Jefferies Yes yes they were Intimates Colledge I had not six words with you when you went to Bed for you said you were weary and went asleep presently Mr. Dugdale I say you said this in the morning for we had above an hours discourse when we were a Bed and all our discourse was about the Parliament and the King Colledge Where was it I said those words in Oxford Mr. Dugdale At Combe's Coffee House was one place Colledge Was there no Body by Mr. Dugdale No but at the Angel Inn there were several Persons standing by Colledge Surely then some of those heard the words as well as you Mr. Dugdale It may be so I am sure many at London have been by as Mr. Starkey by name Mr. Boson Mr. Baldwin they have rebuked you for it and I have rebuked you too Collâ—dge What words have they and you heard and rebuked me for Mr. Dugdale When you have been railing against the King and said That he designed nothing but the introducing of Popery and Arbitrary Government and that he was a Papist Mr. Serj. Jefferies He loves to hear it repeated Colledge What Arms did you see of mine in this Town Mâ— Dugdale I saw Pistols You had a Case of Pistols before you and you had some Pocket Pistols Colledge None but one I borrowed of you and that you had again had I pray speak did you see any more Mr. Dugdale It may be there might not but there were Pocket-Pistols in the Room and you had them in your hand Colledge He swore but now that he saw me have Pocket-Pistols when it was but one and that was his own Mr. Serj. Jefferies Heark you now you talk of Pistols do you know that he had any Pistols in his Holsters at Oxford Mr. Dugdale Yes he had Colleâ—ge Yes I know that I don't deny it Mr. â—erj Jefferies I think a Chissel might have been more proper for a Joyner Câ—lledge You say I was confederated with Capt. Brown and other Men. Mr. Dugdale You have told me that Capt. Brown had a good Allowance and it was pitty he had not a better Allowance and you would speak he might have a better Allowance for he vvas able to do good service vvhen the time came Colledge From whom Mr. Dugdale Among you Colledge Among vvhom Mr. Dugdale You know there vvere several gatherings among you that I vvas not privy to Colledge What do I know Mr. Sol. Gen. You know Mony was gathered many times Colledge For what purpose Mr. Dugdale You never told me particulars it was to distribute some where I had none of it L. Ch. J. He does not say these men were concerned with you but you said so Mr. Dugdale You know Mr. Colledge there were many gatherings of Moneys Colledge Did I tell you there were any Gatherings for Capt. Brown Mr. Serj. Jefferies He says you told him no Particulars if you have a mind to ask him any more Questions do Colledge Pray Sir George don't interrupt me I am here for my Life Did I tell you there were any gatherings for Capt. Brown Mr. Dugdale I do not say for him nor whom you distributed it to but you gathered Mony one among another and you have paid Mony Colledge I have paid Mony when and to whom Mr. Attor Gen. You will not deny that you confessed upon your Examination that you gave a Guinny Colledge Sir did you see me any more at Oxford than in the Coffee-House and at that Inn when I went out of Town and was going home with the City-Members Mr. Dugdale Yes Colledge Were you in my Company any where but in those two places Mr. Dugdale Yes I was with you at the Chequer Colledge Did you come a purpose to speak with me or had you any business particularly with me Mr. Dugdale Truly Mr. Colledge I have forgot whether I had or no I was in the Room with you there Colledge Where is that Room Mr. Dugdale I can't tell all the Rooms in that House Colledge Was it above stairs or below Mr. Dugdale Both above and below two days I was there with you Colledge Was there any of this discourse you speak of passed there between us Mr. Dugdale I know I was with you in those two places I mentioned before you called me aside to drink a glass of Mum and there was none in the Room but us two at that Coffee-house Colledge Sir you came to Town but on Friday I think it must be Saturday Sunday or Monday this was for we stayed no longer in Oxford Mr. Dugdale Nay I came to Oxford either Wednesday night or Thursday-morning and I saw you and Mr. Hunt together the same day I came Colledge Did I explain any Pictures to you at London or owned I was the Author of them Mr. Dugdale Yes upon my Oath you have explained Pictures to me and there is one Picture that I have not shewed yet which you have explained what the meaning was Mr. Serj. Jefferies 'T is your common trade it seems Mr. Dugdale You told me you got them done Clerk reads A Character of a Popish Successor c. Mr. Serj. Holloway How did he explain it to you Mr. Dugdale Mr. Serj. Jefferies I would see what opinion he had of the Church of England there are some Church-men what are they a doing Mr. Dugdale They are a parcel of Tantivy-men riding to Rome and here 's the Duke of York half Man half Devil trumpeting before them Colledge You have got some Body to explain these things to you Mr. Dugdale Mr. Dugdale You did it upon my Oath Colledge Oh fie upon you Mr. Dugdale consider what you say Mr. Serj. Jefferies All this you
to several People to buy Arms and Ammunition And I asked him to what purpose and he said it was to bring the King to submission to his People adding thereto That he wondred Old Rowley did not consider how easily his Fathers Head came to the Block which he doubted not would be the end of Rowley at the last After this Discourse the Alderman came in we dined and every one went his own way about his own Business Mr. Colledge then told me if I would go with him to his own House I should see how he was prepared with Arms and Provision Soon after I met with him and he desired me to go along and dine with him and I did so and there he did shew me his Pistols his Blunderbuss his great Sword and he shewed me his Armour Back and Breast and he shewed me his Head-piece which if I am not mistaken was covered over with Chamlet it was a very fine thing and said he These are the things which will destroy the pittiful Guards of Rowley that are kept up contrary to Law and Justice to set up Arbitrary Power and Popery Colledge What did I say Sir about my Armour Mr. Smith Thus you said It was to destroy Rowley's Guards those were your words that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery After I had dined with him I parted with him A little before the Parliament was to meet at Oxford I met him again and we were discoursing of several things what preparations the City were making how they were provided with Powder and Bullets and for his part he would go down to Oxford for he expected a little sport there upon the Divisions that were like to be between the King and Parliament Then said I to him Why what is the matter there Why said he we expect that the King will seize upon some of the Members and we are as ready as he And says he for my part I will be there and be one that shall seize Him if he secure any of the Members and I believe he did go down says he you know how the City is provided I told him No not so well as he but he told me all was very well After he came up again I met him another time and he told me He went down in expectation of some sport but Old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself Mr. Serj. Jefferies Did he say If he had not ran away he would have seized him Mr. Smith He said nothing of that but before he said He would be one of them should seize him if he seized any of the Members After this he told me that Fitz Gerald and he had had a quarrel at the Parliament-Door of the House of Lords at Oxford that Fitz-Gerald had called him Rogue and said he Fitz-Gerald made my Nose bleed but before long I hope to see a great deal more Blood shed for the Cause After this again when there was a discourse of disarming the City that my Lord Feversham was to come to do it he told me he was well provided and if Feversham or any man nay Rowley himself should attempt any such thing he would be the death of him before any man should seize upon his Arms. Mr. Serj. Jeff. Did he discourse any thing to you about Arms to provide your self Mr. Smith Yes he did I had an Armour from him Mr. Serj. Jefferies What did he say to you about it Mr. Smith He did desire me to get me Arms for I did not know how soon I might make use of them I had an Armour from him upon trial he said it cost him 30 or 40 s. I had it upon trial but it was too big for me so I gave it him back and bought a new one Mr. Attor Gen. Did he tell you to what purpose you should Arm your self Mr. Smith No he did not name any purpose but he told me I did not know how soon I might make use of it Mr. Attor Gen. What did he say to you about any one's seizing the King Mr. Smith He told me the Parliament were agreed to secure the King and that in order to it all Parliament-men came very well Armed and accompanied with Arms and Men and he told me of a great Man that had notice from all the Gentlemen of England how well they came armed Mr. Jones What did he say of himself Mr. Smith He would be one that should secure the King if he seized any of the Members Mr. Jones When he had been there what did he say Mr. Smith If they had had any work he was ready provided for them Mr. Attor Gen. But pray tell us again what he said of the King 's running away Mr. Smith He said Rowley was afraid like his Grand-father Jamy and ran away ready to beshit himself L. Ch. J. If you have done with him Mr. Attorney let the Prisoner ask him what Questions he will Colledge Mr. Smith Where was this Discourse I had with you Mr. Smith Which do you mean the former part or the latter Colledge The first discourse you talk of what I told you going to Mr. Wilcox's to dinner and when it was Mr. Smith You know best when it was I can't exactly remember the time but you know 't is true Colledge Where was it Mr. Smith As we went along thither we had the first part of it and when we came thither you and I talked till Alderman Wilcox came in and you and I were alone together and several Persons that were there were drawn into Cabals two by two Colledge Where Mr. Smith In the Room where we dined and you know there was a little Room by where some were drinking a Glass of Wine Colledge You say by two and two the Company were drawn into Cabals Mr. Smith I tell you most of them were in Cabals two and two together only those 2 Gentlemen that belonged to the Alderman went up down and gave Wine Colledge What Religion are you of Mr. Smith Is it for this Man to ask me my Lord such a Question L. Ch. J. Yes answer him Mr. Smith I am a Protestant Colledge You were a Priest Mr. Smith Yes what then and I am in Orders now Colledge That was from the Church of Rome Mr. Smith Yes and that is a good Ordination I came in voluntarily to discover the Popish Plot and was no Pentioner nor received any Sallary from the King I have spent several Pounds several scores of Pounds but received no Recompence And I was the Darling at one time all over the City when I did adhere to what they would have me to do Mr. Serj. Jefferies Did not you swear against my Lord Stafford Mr. Attor Gen. Were not you a Witness Mr. Smith at my Lord Stafford's Tryal Mr. Smith In that Case I did give a general account of the Design of the Papists they did not then question my
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
him in my life any more then seeing him in a publick Coffee-house But there was a Picture looking on by 7 or 8 or 10 People I believe more or less and I coming and crowding in my head amongst the rest looked upon this Picture After the Crowd was over Mr. Colledge takes a Picture out of his Pocket and said he I will give you one of them if you will So he gives me a Picture which Picture if I could see I could tell what it was it was written Mac a Top and there were several Figures in it Then the Picture was shewed him This is one of the same that I had of him and I had not had it long in my Custody but meeting with Justice Warcupp I shewed it him who bid me give it him and so I did The next thing that I did see Mr. Colledge do was in the Coffee-house not the same day but another time I saw him bring in a parcel of blew Ribband which was wrought and these words eight times wrought in it twice wrought in every Quarter of a Yard No Popery No Slavery I saw him sell to a Member of Parliament as I took him to be a yard of that Ribband for 2 s. and truly I was thinking he would ask me to buy some too and I saw that Gentleman I took him to be a Parliament man take this Ribband and tye it upon his Sword As to the other thing I have to say of Mr. Colledge That very day the Parliament was Dissolved he had been in a Quarrel as he told me with Mr. Fitz Girald and I was standing in the Schoole-house Yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Mr. Fitz Girald had spit in his face and said he I spit in his face again so we went to Loggerheads together I think that was the word or fifty Cuffs So said I Mr. Colledge your Nose bleeds he takes his handkerchief out of his Pocket and wipes his Nose and said I have lost the first blood in the Cause but it will not be long before more be lost L. C. Just Where was this Sir William Jennings In the Schoole-house Yard at Oxon. I never discoursed with him afterwards till I met him at London in Fleet-Street one Sunday in the Afternoon and I remember Captain Crescett was along with me And when he came up to me How now said I honest Joyner Sayes he You call me honest Joyner some call me Rogue and Rascal and I have been beating some of them So that I believe they will be aware of it So I told Captain Crescett I never met this man but he was always in a Quarrel Colledge Was it on a Sunday that I told you I had been beating of some body Sir William Jennings You told me so Captain Crescett was by Colledge I do remember I met you but I did not tell you I had been then beating any one But pray Sir William when I met you after the Parliament was Dissolved and Fitz Girald and I had quarrel'd did I say That I had lost the first blood in the Cause but it would not be long e're more were lost Sir William you are a Gentleman as for the other men they don't care what they say nor do I so much regard them but you value your Word and Honour These were my words and pray will you recollect your self before you be positive in the thing whether I did not say I have lost the first blood for the Parliament for it was upon my vindicating of the Commons and Doctor Oates whom Fitz Girald had abused and upon that the Quarrel began so I said when you met me and told me my Nose bled I have lost the first blood for the Parliament I wish it may be the last Sir William Jennings Mr. Colledge If you please I will answer you as to that I do assure you t is the first time that ever I came upon this occasion in my days and I have declared it before and do declare it now I would rather have served the King in 3 Ingagements then come in against you or any man upon such an Occasion But I declare to you upon the whole memory of the truth the words were as I spoke them at first and no Parliament named or mentioned And my Lord moreover I will tell you When I did tell this story because Mr. Crescett that is here is able to tell you whether I did not relate the words within half an hour or a little time after Now I never had a prejudice against you in my days nor other Concern but having told Mr. Justice Warcupp this Story I am brought hither to testifie it Colledge Sir William I am very sorry you did not better observe and remember my words then Sir William Jennings I must needs say I could not imagine what the words meant when they were spoken nor do I understand them to this day but soon after they were spoken I related them to Justice Warcupp he being a Justice of Peace Mr. Serj. Holloway Gentlemen we shall rest here and conclude our Evidence for the King at present to hear what the Prisoner says to it only with my Lords leave I shall explain the words to you that are in the Indictment and tell you what is meant by Compassing and Imagining the Death of the King The Seizing the Person of the King is in Law a Compassing and Intending his Death and so it hath been adjudged in several Cases as in 1 Jacobi my Lord Cobham and my Lord Greys Case and several other Cases and so you may fully apprehend what the Charge is and may understand the words in the Indictment That if you are not satisfied with the general words of Compassing the King's Death you may know that the Seizing his Person extends to it Mr. Serj. Jefferies My Lord we have done with our Evidence now let him go on with his L. Chief Justice Now Mr. Colledge you may say what you will for your defence and call your Witnesses that you have to produce Colledge My Lord I have heard this Evidence that is against me and I would desire your Lordship to resolve me some Questions upon it I think the Indictment is for Treasonable Practices for a Conspiracy now I desire your Lordship will be pleased that I may know from you and the Court whether in all this Evidence given in proof against me a Conspiracy is proved or if any thing appears besides what they say I said L. Chief Justice For a Conspiracy in you If the Witnesses speak Truth there is a plain proof and of the degrees of it First of all By your publishing Libels and Pictures to make the King Odious and Contemptible in the Eyes of the People and that you should be the Author of some of those Pictures and they were found in your Custody Colledge I conceive that is not proved L. Chief Justice If the
Witnesses say true it is proved Colledge They do not produce that they do but say it L. Chief Justice Mr. Dugdale Swears That at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your Custody Then that you prepared Armes that you shew'd Smith the Arms in your House and having those Arms you said You would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I Observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say If these Witnesses speak true 't is a strong Evidence against you both upon the Statute of the 25 Edw. the 3 d. and that of this King too For my Brother Holloway told you true That whereas the Imagining the Death of the King is High Treason by the 25 of Edw. the 3 d. so a Seizing of the King and an endeavor to do that is a constructive Intention of the Death of the King for Kings are never Prisoners but in order to their Death And therefore it hath been held in all times that by the Statute of Edw. 3 d. that was Treason but then the Statute of this King in the 13 Year of his Reign is more strong for there it says If any man shall by any words or malitious speaking shew the Imagination of his Heart that he hath any such Intention that is Treason too Colledge My Lord the Foundation of this Indictment is said to be laid here in Oxford as I suppose pray my Lord here is only Mr. Dugdale and Turbervile that Swear against me for what I should say in Oxon all the rest speak to things said and done at London Now my Lord I desire to know whether they have proved any Treasonable Practices Conspiracy or Design in me against the Government I would feign know that whether there be matter here to ground an Indictment upon for the one says in one place the other in the other which may be distinct matters and none of them Swear Facts against me but only Words Mr. Justice Jones Yes providing Arms for your self and offering others Arms. Colledge That I shall make this Answer to I had only a Case of Pistols and a Sword which every Footman and Horseman had that came from London I think But further my Lord I would ask your Lordship whether there ought not to be two Witnesses distinct to Swear words at one and the same time Mr. Justice Jones No No the Resolution of the Judges in my Lord Stafford's Case is contrary L. Chief Justice Look you It hath been often Resolved That if there be one Witness that proves one Fact which is an Evidence of Treason and another proves another Fact that is an Evidence of the same Treason tho' they be but single Witnesses to several Facts yet they are two Witnesses to an Indictment of Treason that hath been often publickly Resolved particularly in the Case of my Lord Stafford mentioned by my Brother And I 'le tell you my Opinion further If there be one Witness that proves here what you said at Oxford and another that proves what was said in London if they be in order to the same Treason it is sufficient for if you do Conspire to commit such a Treason in London and you come with such an Imagination in your Heart to Oxford to compleat this Treason tho' your design was not first formed there I think 't is enough to maintain an Indictment of Treason and they are two good Witnesses tho' but one speak to what was done at Oxford but I must tell you in your Case there are two full Witnesses to that which was done at Oxford besides Sir William Jennings Colledge That which Sir William Jennings speaks of I told you before what it was I said It was the first Blood that was shed for the Parliament Mr. Just Jones The Parliament was Dissolved before that which Sir William Jennings speaks of therefore you could not say it was to defend the Parliament Colledge Mr. Dugdale did say that I spake such and such words in the Barber's Shop in the Angel Inne there I was indeed at the time that he does speak of and the Barber was by I do think indeed it were convenient to have him here but I knew not where he would charge me or what it was he would charge me with because I never said any thing in my Life that was like Treason Lord Ch. Just Mr. Colledge call any Witnesses you will Colledge But my Lord pray let me ask you one Question more You take these words distinct from any matter of fact don't you L. Ch. Just. No complicated with the Fact which was the Overt-Act the coming to Oxon. with Pistols to make one if there had been any disturbance and to Seize the King Colledge Then my Lord I would ask you Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which I am now Indicted and which was given in Evidence before the Grand Jury upon which the Tryal was there grounded Lord Ch. Just. Any Act of Treason that is of the same kind And I 'le tell you That was Resolved in Sir Vane's Case those that gave you that Paper understand it But I speak now to your Capacity and to satisfie your Question He was Indicted for Levying Warr against the King he Conspired in Westminster the War was Levyed in another County the Conspiracy upon the Tryal was proved in the County of Middlesex and the Warr in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a Warr really Levyed but God be thanked here is only bare words Mr. Just Jones Yes Actions too Colledge What Actions my Lord Mr. Just Jones Arming your self and coming to Oxford Lord Ch. Just Well I have told you my Opinion My Brothers will speak theirs if they think otherwise Mr. Just Jones That is not your Case neither tho I am of the same Opinion with my Lord for here are two Witnesses have proved plain matter of Fact at Oxford the providing Arms your self and encouraging others to take Arms Colledge They name no Persons Mr. Just Jones You will have my Opinion and yet you will give me no leave to speak I had patience to hear you You are told there are two Witnesses Turbervile and Dugdale that prove your providing and having of Arms at Oxon. and perswading others to take Arms particularly Turbervile He told you he had no Arms or but a Case of Pistols and he had no Horse but you told him you would provide him an Horse And then there are two other Witnesses Smith and Bryan Haynes
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
as soon as my Land-lady came down said I Mrs. Scot I desire you would provide your self as soon as you can I would be civil to you and I would not put you to a Non-plus because your Goods by the Law will be seized for not departing according to the King's Proclamation So a while ago since this business of Haynes's swearing against my Lord of Shaftsbury I bethought my self of some other businesses I had heard To find out the Knavery I went to the Fleet where he hath a very ill Character as well amongst the Papists as the Protestants Whereupon I asked one fellow that was a kind of a Porter if he knew any thing of him said he Go you to such an one Mr. Serj. Jeff. We must not permit this for Example sake to tell what others said L. Ch. Just Nothing is Evidence but what you know of your own knowledge you must not tell what others said Hickm This I do say I heard him say and there are those that can produce a Letter Mr. Serj. Jeff. Bring those people but you must speak nothing but upon your own knowledge Hickm I was at the Chamber door and looked in at the Key-hole and he sat down at the Window L. Ch. Just How long ago was it pray Hickm A Year and an half Mr. Attorn Gen. You are an Eves-dropper I percieve Hickm I did not know what danger he might bring Men into because he was a Papist I have taken an Oath to be true to the King and I will as long as I live For this Gentleman I never beheld him till last night in all my days though he lived by me I never saw him L. Ch. Just Well call the next Coll. I never saw this Gentleman but you see what Haynes hath declared Mr. Serj. Jeff. This Man says he did say so Coll. And for ought I perceive he does accordingly Call Elizabeth Oliver who appeared L. Ch. Just Mrs. Oliver stand up What do you ask her Coll. Do you know Haynes pray Bryan Haynes Mrs. Oliver Yes Coll. Pray tell the Court what you know of him Mrs. Oliver I know him very well L. Ch. Just What do you know of him Mrs. Oliver He writ a Letter in my Father's name unknown to my Father L. Ch. Just Did you see him write it Mrs. Oliver I saw him write it L. Ch. Just Read it By whom is it subscribed Clerk By no body L. Ch. Just Why how is it written in your Father's name when it is not subscribed at all Mrs. Oliver he writ it as from my Father Mr. Serj. Jeff. Whither did he bring it Mrs. Oliver He sent it into the Country Mr. Serj. Jeff. Can you write and read Mistress Mrs. Oliver Yes Mr. Serj. Jeff. Who did he send it by Mrs. Oliver The Carrier Mr. Serj. Jeff. When is it dated Clerk In 77. L. Ch. Just Read the Letter Which was done Clerk Reads L. Ch. Just What is all this to the purpose unless your Father were here to prove it was done without his knowledge Mr. Oliver My Father did not write it L. Ch. Just Was your Father in the Fleet then Mrs. Oliver Yes my Lord he was a Prisoner then Coll. Mrs. Oliver do you know any thing more of him Mrs. Oliver I have known him a great while I know him to be a very ill Man Mr. Serj. Jeff. Must she tell you all she knows Mr. Attorn Gen. Did you ever know him forswear himself Mrs. Oliver No I do not know that L. Ch. Just Come call another this is nothing to the purpose Coll. Call Mrs. Hall who appeared Pray do you know Mr. Bryan Haynes Mrs. Hall Yes if I see him I know him very well Coll. What do you know of him Mrs. Hall He lodged at my House and came there the day before Fitz-harris was tryed and there was a great discourse about his Tryal and I was enquiring of him and I told him I must expose my Ignorance I did not know what it was he was tried for And said he if you please to sit down I will tell you Madam Portsmouth came to him and went upon her knees and begg'd of him if he had any kindness for His Majesty that he would now shew it at this juncture and she told him she had heard he had formerly Acquaintance with one Mr. Everard abroad and therefore desired him to go now and renew it and endeavour to get him over and if he could possibly to get over some others to make a Presbyterian Plot of it This is true I very well know it as for this Gentleman I never saw his face before but those were the words I am sure L. Ch. Just What were the words Mrs. Hall That they might make a Presbyterian Plot of it Coll. Did he say so Mrs. Hall He said that the Dutchess of Portsmouth did so L. Ch. Just What a story is this Coll. Did not he say that the Dutchess of Portsmouth employed him too Mrs. Hall No this was about Fitz-harris Coll. What do you know more about Haynes Mrs. Hall One night he had been about some business for me in Law with one Mr. Woodward an Attorney at Law and when he returned I was busie in the Kitchin with my Maid about the House and he came up to me Madam said he this night I had a Message from the King a Justice of Peace met me and brought me word that the King had sent into Ireland to enquire into the Loyalty of my Family and he hath heard that my Father was a Loyal Subject but he understood strange things of me but if I would come in he would grant me my Pardon I told him said he I did not value His Majesty's Pardon a Pin for I had done nothing that might make me stand in need of it but I would do any thing that might tend to the preservation of His Majesty's Person or Honour but to do such base things as are beneath a Man I will never do it and he whisper'd me in the ear as the accusing of several Persons and since he sent me a Letter by his Mother in Law Mrs. Wingfield that I should not believe it if I heard he should accuse any body but I might be confident he had not nor would accuse any body Coll. Was he to swear against the Protestants Mrs. Hall I did not enquire any Questions but he said such base things he would never do as the accusing of several Persons Mr. Attorn Gen. Pray Mistress did you believe him when he told you he was so honest a Man Mrs. Hall How do you mean Sir Mr. Attorn Gen. When he said he would not do those base things did you believe him Mrs. Hall I never saw his face before he came there to lodge but I saw him to to be a Man that made little Conscience of what he said or swore Mr. Attorn Gen. Did not you find him a bragging Man Mrs. Hall I had little discourse but what he
said of himself But there is one thing more about an Intelligence When Thompson had written something in his Intelligence concerning Bryan Haynes he said he would write an Answer to it and accordingly he read it to us he said he was going that Evening to get it put into one of the Intelligences the words were to this purpose Whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the dissenting Protestants L. Ch. Just Did he publish that in the Intelligence Mrs. Hall I never read it published but he had writ it and read it to us several times Mr. Attorn Gen. Do you go to Church Mistress Mrs. Hall I hope I do Sir Geo. Jeff. To what Church Coll. Call Mary Richards Mrs. Halls Maid Who stood up L. Ch. Just What will you ask her Coll. Do you know this Bryan Haynes pray Richards Yes he lodged there where I lived Coll. What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thomson in his Intelligence accusing him of having spoken Treason he read what he said he would put into the Intelligence That he never spake one word of Treason and he writ it for his own vindication that whereas Nathaniel Thomson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable Words there was no such thing L. Ch. Just And that was to vindicate him that he never did speak any Treasonable Words Richards Yes L. Ch. Just Will you ask her any thing else Coll. I cannot tell what she says L. Ch. Just She says he writ something that was in Answer to Thomson's Intelligence to vindicate himself that he never did speak any Treasonable Words Coll. But did you hear him say any thing of these words that he was employed in a Plot against the Protestants Richards I read that in what he writ to put in the Intelligence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had a hand in putting the Plot upon the dissenting Protestants and he telling my Mistress he had a Message from the King offering him his Pardon I asked him why he did not accept the King's Pardon Alass said he you do not understand what I was to do for it I was to do such base things so beneath a Man that I will never do them I had five hundred Pounds offered me besides the King's Pardon to do such base things as are beneath a Man to do Coll. What were the base things he said he was to do and would not do Richards I cannot tell he did not say to me what they were Mr. Attorn Gen. When was this Richards It was a Week before he was taken Mr. Attorn Gen. That is two Months ago Coll. It was since the Parliament sat at Oxford But what was that he was employed to do did he say Richards Why he said in his Answer to the Intelligence he was one that had an hand to put the Plot upon the dissenting Protestants Coll. Call Mrs. Wingfield who appeared L. Ch. Just What is your Christian Name Mrs. Wingfield Mary L. Ch. Just What do you ask her Coll. Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Coll. What do you know of him Mrs. Wingfield I know nothing of him but he is an honest Man he married my Daughter and always carried himself like a Gentleman he scorns the thing that is unhandsome and never did any thing that is unhandsome in my life Mr. Serj. Jeff. Pray how came you by this Witness Have you any more of them Coll. I never saw her before but I believe she hath said something else in another place Did you ever say the contrary pray Mrs. Wingfield No body can say so and I had done the Gentleman a great deal of wrong if I had Coll. Call Mr. Whaley Who appeared L. Ch. Just What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Attorn Gen. Where do you dwell Sir Mr. Whaley At the Hermitage beyond the Tower Coll. I don't know you Sir but what do you know of him Mr. Whaley I never saw you Sir till to day but that which I think I am called for is this though it was upon Sunday that I receiv'd this same Subpoena to come down hither but about six Years ago Bryan Haynes was a Prisoner in the King's Bench and he came down to the Cellar which I had taken of the Marshal to sell Drink in and coming down to drink in one of the Rooms of the Cellar that belong to me he took away a Tankard and went up with it One of the Men followed him up so I went to the Marshal to complain and told him of it and the Marshal took him from the Master's Side and put him into the Common Side That is all I know of him any way directly or indirectly L. Ch. Just Why did you not indict him of it Mr. Whaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Master's Side into the Common Side L. Ch. Just He was no good Justice of the Peace in the mean time Coll. Call Mr. John Lun Who appeared Do you know Bryan Haynes Mr. Lun Mr. Lun I have seen him twice the first time I ever saw him was I went into the Derby-Ale-House to enquire for one Miclethwayte a Kinsman of mine and there this Bryan Haynes was in a little Room next the Ditch near the Door that goes out there as if he were asleep and he roused himself up and as I was walking there Sir said he will you take part of a Tankard with me That was his expression With that said I I do not care if I do And the first thing he began was the King's Health then the Queens then the Duke of York's then he fell very foul against the Grand Jury because they had not found the Bill against Colledge who is a Gentleman that I never saw before in my life but once as I know of and he said my Lord Shaftsbury was a little Toad but he would do his business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Money but he would help him to Money enough out of the Phanaticks Estates And he said they would damn their Souls to the Devil before the Catholick Cause should sink Mr. Serj. Holloway When was this Mr. Lun It was three or four days after the Bill was brought in Ignoramus by the Grand Jury Mr. Just Jones Was he alone Mr. Lun Yes he was Coll. Is that all you have to say Mr. Lun One thing more my Lord. On
Monday last I was at Uxbridge and a Gentleman sent his Man on purpose to let me know I must go to Colebrook and stay till they came thither When I came there I met Bryan Haynes at the Crown-Kitchin-Window and he was stirring a Glass of Brandy and sweetning it with Sugar Said he Sir will you drink Here is the King's Health to you So I drank and I asked him how he did Do you know me Sir said he Yes said I I drank with you once Says he you have a good Memory So then a Pint of Sack was called for and after that another and then came down Mrs. Peacock and being very fine all in her Flower'd Silks I asked what Gentlewoman that was Said he It is Mrs. Fitz-harris No says I it is not they say she is gone But said he it is her Maid and Sheriff Bethel is to marry her As I have a Soul to save I tell you nothing but what is truth Thereupon said I Sheriff Bethel is able to maintain her he hath a good Estate But said he it shall be the King 's e'er long Coll. So that here is a plain design against all the eminent Protestants Mr. Lun So with that my Lord if it please your Honour I clapped my Groat down at the Bar and went out of the Room Nay said he let us have one Health more and so he had his Tankard and I had mine Haynes I humbly desire you to call for Mr. White the King's Messenger who was by I never saw the Man before he was at Uxbridge and asking Mr. White who he was Said he His Name is Lun he was my Prisoner two Years L. Ch. Just What say you to the discourse he talks of at Fleet-Bridge Haynes My Lord I am upon my Oath and I never saw him in my life before I saw him at Uxbridge Mr. Lun I will take the Sacrament upon it that what I have averred is true Mr. Serj. Jeff. I suppose you are both known and then your Credit will be left to the Jury Mr. Attorn Gen. There is Mr. White pray swear him Which was done L. Ch. Just Do you remember that Haynes asked who Mr. Lun was Mr. White It was at the Bar of the Crown Inn at Uxbridge and I being there Mr. Lun came into the Yard and I knowing Mr. Lunn asked him How he did he said He was glad to see me and he called for a Pint of Sack to make me drink Haynes stood by and he asked Who he was and I told him and we drank the King's health but for any thing of those words that were spoken there Sir I did hear not one word of them but he thanked me for my civility when I summoned him up to Court and seeing Mr. Haynes by he asked who he was Mr. Serj. Jeff. And you take it upon your Oath that he asked you who Haynes was Mr. White Yes I do Mr. Serj. Jeff. Pray did you hear any discourse that time as if there had been a meeting upon Fleet-bridge Mr. White Not one word of that Mr. Lun I will take the Sacrament upon it what I say is true Mr. Serj. Jeff. We know you Mr. Lun we only ask questions about you that the Jury may know you too as well as we We remember what once you swore about an Army Coll. I don't know him Mr. Lun I don't come here to give Evidence of any thing but the truth I was never upon my knees before the Parliament for any thing Mr. Serj. Jeff. Nor I neither for much but yet once you were when you cryed Scatter them good Lord. Coll. Call Mr. Broadgate L. Ch. Just What is your Christian name Sir Mr. Broadg. Jeremiah L. Ch. Just What do you ask him Mr. Broadg. My Lord I am a Stranger to the Prisoner at the Bar what I have to say is concerning Mr. Turbervile whom I met one day and he asked me how I did said he I owe you a little money but I will pay you in a short time but if you will go to drink a Glass of Ale No said I I am in haste and do not care for going to drink said he You shall go so away we went and when we were sat said he When did you see Turbervile that was my Lord Powis's Butler said he He was a great Rogue to me and when I stood up for the Nations good he villified my Evidence and afterwards he came to me with Doctor _____ to beg my Pardon but I would not forgive him for the whole World And speaking of the King's Evidence said he The King's Evidence are looked upon as nothing as poor inconsiderable mean Fellows and their Sallaries are lessened and said he I have had the greatest proffers from Court of Preferment and Rewards if I would go from what I have said and come upon the contrary and he repeated it Yes upon the Faith of a Man and from the Highest But said he I have a Soul and a Body a Body for a Time but my Soul for Eternity and I cannot go from it He went over it again I might have what I would if I would go from what I have said and come upon the contrary Mr. Attorn Gen. But he does not go from any thing of what he hath said Coll. Did he say what he was offered and by whom Mr. Broadg. He said he had very great offers from the Court if he would disown the Plot and go upon the contrary L. Ch. Just But he does not disown it Mr. Just Jones Nay he had a Soul to save and could not go from it Mr. Serj. Jeff. You talk of the contrary and the contrary What did he mean by that what Plot should he disown Mr. Broadg. The Popish Plot. L. Ch. Just He does not disown it nor never did disown it Coll. He would make a Presbyterian Plot of it now for he cannot say I am in the Popish Plot. Sir do you know any thing more of him Or did he name me Or that he was to swear against me or any Protestant Mr. Broadg. No only he said the King's Evidence were villified and looked upon as poor inconsiderable Fellows but it seemed if he would go on the other side he might have great Preferments and Rewards L. Ch. Just You make a wrong Comment upon it Mr. Colledge it was if he would retract his Evidence and disown the Plot. Coll. I leave it to your Lordship and the Jury to make the Sense of it Mr. Broadg. I saw Mr. Turbervile since I come hither and he asked Are you come Mr. Broadgate to give Evidence against me says I I am come to declare the truth and nothing but the truth Mr. Serj. Jeff. You might have stay'd at home for any thing material that you do Evidence Coll. Call Mr. Zeal who appeared L. Ch. Just What is your Christian-name Sir Mr. Zeal John L. Ch. Just What would you ask him Mr. Serj. Holloway Where do you dwell Sir Mr. Zeal In London Mr.
I did ask him whether he was a Witness or no against Colledge Mr. Turbervile said he would break any one's head that should say so against him for he neither was a Witness nor could give any Evidence against him So after he came from Oxon I met with Mr. Turbervile again and hearing he had been there I asked him if he had sworn any thing against Colledge He said Yes he had been sworn before the Grand Jury Said I did not you tell me so and so Why said he the Protestant Citizens have deserted us and God damn him he would not starve L. Ch. Just Would he say so to you Dr. Oates Yes my Lord he said those very words Mr. Serj. Jeff. 'T is Mr. Oates Saying 't is Mr. Turbervile's Oath Dr. Oates Several times he did repeat it but when I asked him what he had sworn he said I am not bound to satisfie peoples Curiosities L. Ch. Just What say you to it Mr. Turbervile Mr. Turbervile My Lord the first part of the Doctor 's discourse in part is true I met him just at my Lodgings 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 jealousie 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. Attorn Gen. Upon your Oath did you tell him so Mr. Turbervile 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 curse after that rate was not fit to be talked with L. Ch. Just '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. Ch. Just 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. Attorn 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 cannot plainly be made to appear there is Subornation against the Protestants And moreover my Lord L. Ch. Just 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 Richards Coffee-house and Mr. Smith comes out and swears God damn him he would have Colledges bloud 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 Ministery of the Church of England and these words do not become a Minister of the Gospel his reply was God damn the Gospel this is truth I speak it in the presence of God and Man L. Ch. Just Can you say any thing of any of the other Witnesses Dr. Oates As for Mr. Dugdale I was ingaged for him for 50 li. for last Lent Assizes he wanted money to go down to the Assizes having pay'd some debts and pay'd away all his money and so I ingaged for 50 li. that he borrowed of Richard the Coffee-man After he came from Oxen 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 Richards 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 Warcup for I could get no money else Mr. Att. Gen. Mr. Oats is a through paced Witness against all the King's Evidence Mr. Serj. 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. Serj. Jeff. Does any man speak of your Reputation I know no body does meddle with it but you are so tender Coll. 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. Ch. Just Mr. Smith do you hear what Mr. Oates hath said Mr. Smith No my Lord. L. Ch. Just Then speak it again Mr. Oates Dr. Oates Yes my Lord I will speak it to his face He said coming out of Richards Coffee-house They having had some provoking words as I understood when I come in God damn 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 damn the Gospel and away he went L. Ch. Just What say you
and it was about some points of Philosophy and Divinity but for Treason I do not remember the least of it and I am confident Colledge said not any such thing at that time and my Reason is this I very well remember Mr. Colledge did set himself down upon one side of the Table and fell asleep and unless he talked Treason in his sleep there could not be any such thing said and if it had been said it would have been heard Mr. Att. Gen. Mr. Smith did you never hear Mr. Colledge speak any ill words of the King Mr. T. Smith Never in my Life And if I were now to take the Sacrament upon it I could say so Mr. Serg. Jefferies You used to converse with him Mr. Smith did he never say any thing like it to you Mr. T. Smith Good Mr. Sergeant you know I can take the Sacrament pray let us have no Reflections Mr. Serg. Jefferies Who did reflect upon you I did not reflect upon you Mr. Just Jones Mr. Smith did he never deliver you any of those Pictures Mr. T. Smith No Sir he never did Colledge Good Sir George don't reflect upon my Evidence It seems Smith is mistaken in the time for he says it was at Christmas but Mr. Smith says it was some time before L. C. J. Mr. Smith does not say so the certain time he cannot tell exactly but your Witnesses say it was then Mr. T. Smith I do speak as much as if I were upon my Oath and I know what an Oath is I thank God and what it is to speak before a Court of Judicature and I know and do speak truth as much as if I were upon my Oath and I do say I did not hear Colledge or any one else that was in that Company at that time speak any thing Reflecting upon the King and Government or any thing tending towards it Mr. Just Jones Can you remember a matter so distinctly which Dr. Oates says was a year and half ago L. C. J. No this Summer was twelve moneth Mr Just Jones And can you tell so long ago not onely your own Actions but testifie to all other mens Actions too that were in the Room Mr. T. Smith I cannot tell what Dr. Oates's memory is as to the time but I remember the place the occasion and the Persons that were there Mr. Just Jones And you take upon you to have such a perfect memory as to the Actions of all the Persons that were in the Room Mr. T. Smith I do not speak of all that was done but I say I remember no such thing that was said and I believe no such thing was said and have given you my Reasons why But my Lord that which I say further for Mr. Colledge is this I do hear something pretended as if he provided Arms to go for Oxford I have known him this three years or thereabouts and my Lord I do know that he did usually ride with a Case or Pistols before him And before that time I had occasion to borrow his Horse of him at the Election for Westminster the last Parliament that sat there and I had it then with a Case of Pistols I likewise borrowed it at Michaelmas last the same Horse and the same Pistols they were I did at the same time see a Suit of Silk Armour which he told me he did provide against the Papists for he said he did expect we should have a brush with them Said I do not trouble your self for that they dare not meddle said he this will do no harm And as I remember it was a Suit of Armour made of Silk to wear under a Coat Coll. It was silk Armour only for the thrust of a Sword And I assure you my Lord I had but one Suit but one Case of Pistols and but one Horse I had two before but they did not then make a Traitor of me that was all that ever I had but if I had had ten Horses and never so many Armors I declare it upon my Salvation I intended it for nothing but against the Papists if they should make a disturbance and whatever I did was with that design and truly by the grace of God I would not have been the last man then but I see whatever I provided my self with for that they have turned it all another way that it might be believed the Protestants were against the King and the established Government L. C. J. Those observations may be proper for you at last Go on now with your Evidence Coll. My Lord I am not a man of that great memory I may forget it and therefore I speak it now whilst I think of it L. C. J. Set it down in your Paper Coll. Smith says I talked with him coming from Richard's Coffee-house till we came to the Tavern I do declare it I went away before him and went away with Dr. Oats L. C. J. Ask Mr. Smith that question if you will Coll. Pray Sir do you know who went together thither Mr. T. Smith I dare not undertake to say that I cannot tell whether he went from the Rainbow Coffee-house with us or no. Coll. He says after we had dined we divided our selves into Cabals two and two together I do declare it as that which is the real truth I fell asleep behind the Table if any body was divided it is more than I know but Mr. Smith you can tell because he says I spoke Treason to him when I was in the room he and I in one Cabal Mr. T. S. My Lord I remember nothing of that nor do believe it for I told you the room was so little that we could not divide our selves And it is impossible in such a little compass where we were so many as we were 14 or 15 of us it may be one might talk to another that was next to him but then the company must hear and whether they did so or no I cannot tell I do not remember Mr. Smith's saying any thing to any particular person but the great ingagement was between Dr. Oats and Mr. Savage and about some Questions in Divinity and that is the great matter I took notice of Coll. However my Lord I declare it that was above a 12 Month ago and I hope your Lordship and the Jury does observe that there was no new Arms were found but what were provided a great while ago All that know me know I was never without a Case of Pistols and an Horse though I was but a Joyner and there is no more that you see now And as to what Smith said about our going into Cabals that you hear Mr. Smith denies L. C. J. Will you call any other Witnesses Coll. Yes if it please your Lordship Do you know no more Sir Mr. T. Smith I know no other thing if I did I would declare it Coll. Call Dr. Oats's brother Mr. Samuel Oats My Lord thus you see Smith's testimony is false L. C. J. I do not see
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
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
only my mistake L. C. J. You are a rash man to affirm so If you had an Almanack you should have consulted it or referred to it Mr. Ser. Jeff. Nay we have lost a day even by your Almanack for yours says it was the 27 th you came to Town Bolron the 28 th Mr. Mow. I refer my self to Mr. Smith he can't deny but he came up with us at that time Mr. S. Jeff. You were examined at Sir Miles Stapletons Tryal was you not Mr. Mowbray Mr. Mow. I was an Evidence there Mr. S. Jeff. Did the Jury believe you Mr. Mow. They did acquit Sir Miles Stapleton Coll. That is nothing to the purpose so was Mr. Smith too L. C. J. Would you ask any thing further Coll. Call Mrs. Mary Bolron L. C. J. If you have any more Witnesses pray call them Mr. Just Jones Mr. Mowbray was Bolron's Wife by when this Discourse was Mr. Mow. No she was in Town she did not go down with him at all L. C. J. Are you Bolron's Wife Mrs. Bolron Yes L. C. J. Well what do you ask her Coll. Mrs. Bolron Pray do you know Mr. John Smith Mrs. Bol. Yes I do know him Coll. What can you say of him Mrs. Bol. He sent several times for my Husband and Mr. Mowbray to my House something he would have them be concerned in some business he had in hand L. C. J. When was that Mrs. Bol. Within this 3 weeks since he came up from York Assizes Coll. You may see there was an understanding between them then Mr. Just Jones Did they go accordingly Mrs. Bol. Now and then they have gone to him but they knew his business because they had Discourse with him as they said upon the Road and they would not go L. C. J. Would you ask her any thing else What do you know more Mrs. Bolron Nothing for I am not one that stirs much abroad Colledge Call Mr. Everard L. C. J. What do you ask him Colledge As for Mr. Everard I need not ask him whether he knows him for they know one another well enough But Mr. Everard that I would ask you is this what do you know of Mr. Smith and of this contrivance against me Mr. Everard Mr. Smith I have been to see of late and he told me he knew of no Presbyterian or Protestant Plot and when my Lord Howard was tried that is the Bill brought against him he said he wondred how my Lord Howard could be Guilty and that both himself and I were joyned as Evidence to that Jury only to put a gloss upon the Evidence for says he I have nothing material to say Colledge Mr. Everard Do you know any thing more concerning him what he hath said at other times concerning me Mr. Everard I have told you already what I have heard him say That he thought there was no Protestant or Presbyterian Plot and that now of late within this little while Coll. Pray Sir was there not some discourse betwixt Just Warcup and you in Lincolns-Inn walks Mr. Everard Is Justice Warcup an Evidence here L. C. J. No no. Colledge 'T is all but Evidence of a Presbyterian Plot therefore pray Sir what was the discourse between Justice Warcup and you what would he have had you done L. C. J. I think it is not material there is nothing of Mr. Warcup in this Tryal Mr. Everard If the Court does allow of it I will freely tell it Coll. My Lord the Papists design is to make a Protestant Plot to turn off their own and they begin with me but if I should go they would not be satisfied with me they would be at others L. C. J. There is nothing concerning a Presbyterian or Protestant Plot in the Case Colledge My Lord If there be no Presbyterian Protestant Plot and others to joyn in it how could I do it by my self 't is impossible I should have such a design of Seizing the King and improbable I should speak it Now my Lord this man was solicited to come in for an Evidence of such a Plot. Mr. Everard That is true L. C. J. I tell you it is not material Mr. Warcup is not concerned in your Trial. Mr. Everard Justice Warcup would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Colledge The Papists aim is not at me only but at others Mr. S. Jeff. We have nothing to do with what you and Justice Warcup talked of for Example sake my Lord let us have no discourses that concern third persons brought in here L. C. J. Would he have perswaded you to say any thing that was not true Mr. Ever He did not say positively those words but this he said I knew several Lords Mr. Just Jones Now here is Mr. Justice Warcup's same traduc'd behind his book in the face of the Countrey and it is nothing to this cause before us Coll. My Lord I desire to know what he knows of these things and that he may speak it out 't is a material thing for me and others Here is a design of the Papists to turn a Plot upon the Protestants they begin with me and if they have my bloud who may feel the effects of it next I cannot tell L. C. J. Truly I think it not material to your Case and indeed 't is of ill consequence to have any man traduced behind his back as Mr. Warcup is Colledge My Lord Macnamarra told me that that man would have seduced him to have retracted his Evidence upon my salvation 't is true L. C. J. We meddle not with Macnamarra neither he is no evidence against you Coll. Macnamarra hath sworn against me at the Old-baily and at the finding of this Bill but they have laid him by upon some trick or other I desire Mr. Everard may tell what he knows Mr. Ev. I would not reflect upon any person nor will I answer it if the Court do not think fit Coll. My Lord this is foul play if I die my self for my Countreys sake I can do it freely and the will of God be done I would have the truth out for the sake of the Protestants Mr. Everard I am very willing to tell the truth if the Court think fit L. C. J. I see not that he says Mr. Warcup would have had him swear that which was not true Mr. Ev. But this he said if the Court will allow me to speak it Just Warcup said that certainly there was a Presbyterian Plot and such things and that some Lords some of the Protestant protesting Lords must be guilty of it and said he certainly you know much of it You know such and such things therefore you may safely swear it if I knew it so by argument he would first prove there was a Plot and Combination amongst those Lords and then said he this you may safely swear Mr. J. J. What is this to your purpose Mr. Colledge only Warcup's name
do but to go with the Parliament and I will not neglect it This was all the discourse of the company for that night Colledge Did you hear Mr. Smith say any thing against me Mr. Norreys No not a word at all Colledge But this were a material Evidence against others of the Confederates if they had been examined Mr. Norreys My Lord I was at the Amsterdam Coffee-house the twenty third of June last and there was Mr. Denis Macnamarra said he Will you go and I will give you a pot of Ale L. C. J. There is nothing of Denis Macnamarra in question before us If you have any thing to say against any of the Witnesses that have been Sworn go on with your Evidence we must not hear stories of other people Colledge He would speak against some men that have Sworn against me but are left out for some Reasons I know not Pray call Mr. Thomas Norreys L. C. J. What do you ask him Colledge My Lord he knew me in this Country some fifteen or sixteen years ago Mr. T. Norreys My Lord I have been acquainted with Mr. Colledge about sixteen or eighteen years and he hath always carried himself very civilly and well and he kept to the Church for a considerable time as duely as any Parishioner did L. C. J. How long have you known him Mr. T. Norreys This sixteen year L. C. J. You live in this Country don't you Mr. T. Norreys Yes at Aylworth Colledge I was at Astrop-wells last year I believe Mr. Justice Levins saw me there Mr. T. Norreys Yes I was there with you Colledge We did discourse commonly then concerning the Papists Pray Sir did you find me inclined to the Popish Interest Mr. T. Norreys You spoke very much against them Colledge Did you ever hear me speak against the King or the Government Mr. T. Norreys No I never heard it for if he were my Brother I should have discovered it L. C. J. How often have you seen him Mr. T. Norreys Very often and conversed much with him Colledge My Lord as to the Papers charged upon me that they were mine I declare I know not of them Dugdale says I owned them and the Letter and several Prints but truly my Lord I had done my self a great injury if I had done or owned those things he hath charged me withal I never could make a Picture nor never did draw a Picture in my life and that very person that he says I owned I got it to be printed by hath denyed it before the King and Council for he there testified that he did not know the person that caused it to be printed L. C. J. How came you to have so many seized in your house Colledge My Lord here is Elizabeth Hunt the Maid by whom they were taken in and who can give you an account of it I cannot deny but that they were in my house but that I was the Author or did take them in is as great a mistake as ever was made Call Elizabeth Hunt I do not know whether Curtis be in Town but this I am confident he was Examined before the King and Council and he and his Wife denyed it L. C. J. He shall be called if he be here Colledge I know nothing of the printing of them nor was I the Author of them L. C. J. They were dispersed by you up and down Colledge That they were in my house I believe my Lord and this woman will tell you how my Lord. Pray tell the Court how these Papers that are called the Raree-shew came to be in my house El. Hunt A Porter brought three bundles to our house and asked whether my Master was not within I told him no he was not Said he These Papers are to be left here said I Who do they come from said he 't is all one for that you must pay me and I must leave them here so I gave him six pence and he left the Papers but I never saw the man since nor before And my Lord I never read them what they were but I saw they were such sort of prints as those L. C. J. How long was it before they were seized El. Hunt A matter of seven or eight weeks Colledge My Lord it seems they were put in a Box and left in my Counting house I never touched them but there they staid for ought I know till they were taken L. C. J. You were Colledges Servant were you not El. Hunt Yes my Lord. Colledge My Lord I neither knew the Printer nor the Author but I heard a man was in trouble about them upon a By-Law in the Stationers Company Mr. Att. Gen. How came you by that Original Colledge Have you it there I know of none was produced But if I were a person concerned it were no Treason and my Lord I hope you will do me that Justice to let the Jury know they are not Treason none of these Papers And I do declare I know nothing of the Original the Printer nor the Author L. C. J. You spend time in making Observations out of order of time when you have given your Evidence then make your Observations Colledge I confess I may erre as to matter of Order for I was never in this capacity before But pray do you tell the Court how the Papers came there and all the transactions For I was a Prisoner when they came and searched L. C. J. No it was eight weeks before you were taken they were left there Mr. Serj. Jefferies Did you tell your Master soon after they were left there El. Hunt No. Mr. Serj. Jefferies Within what time did you tell him El. Hunt I believe it was a week or a fortnight Mr. Att. Gen. Where was your Master all that time El. Hunt He was in the Countrey Colledge My Lord I did see them there I must confess I do not deny but I saw them there but I knew not whence they came nor whose they were Nor did I ever intend to meddle with them nor concern my self about them What have you to say more El. Hunt Concerning Mr. Dugdgale if I may speak L. C. J. Ay go on El. Hunt I went to receive the Money of Mr. Dugdale that he owed my Master and asking him for it he said he would pay me such a time to morrow morning if I would come for it but when I came he had not the Money ready for me Sir said I I think 't is very hard that you should keep my Masters Money from him and yet you go and Swear against his Life too what do you think we shall do at home in the Family if you keep my Masters Money and he be in Prison Said he There is a great deal of do about my Swearing against your Master more than needs but as I hope for Salvation I do not believe Mr. Colledge had any more hand in any Conspiracy against His Majesty than the Child unborn Here is Dugdale let him deny it
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
he was to have been a Witness against Sir Miles Stapleton and he pretended that he was Suborned by Sir Miles or some of his friends Colledge What are you Sir Mr. Bolron what is Mr. Shirland Mr. Bolron He is a man that lives by his Shifts He hath been whip'd in Bridewel Colledge Do you know him Sir What is he Mr. Bolron Even an idle man Shirland You once when you saw me drew your Sword on me because I would not do as you would have me Mr. Bolron I profess my Lord 't is not so Att. Gen. Here is Mr. Smith hear what he says against Mr. Bolron Mr. Smith As we were coming up along he was speaking to me of Colledge and told me he had as much to say against him as any body and if I would speak for him he would evidence against Sir John Brookes for a discourse at Ferry-bridge Mr. Bolron I never did hear any such thing Mr. Smith No man in your own Country will believe you Colledge They believed you no more it seems neither L. C. J. Do you call any more Witnesses Gentlemen Mr. Serj. Jefferies No I think we need not L. C. J. Look you Mr. Colledge as I understand it the Kings Counsel will produce no more Witnesses You may make what Observations you will upon the Evidence to the Court and then must them make what Observations they will to the Court and then we will give the Charge to the Jury Colledge My Lord I have onely Innocence to plead I have no Flourishes to set off my defence I cannot take the Jury nor the Court with an Oratory I am unhappy in those things But my Lord I do declare as to my own particular in the presence of God Almighty That as to whatsoever is sworn against me as to the seizing his Majesty providing Arms or having any designe either at Oxford or London or any other place in the world to seize upon the person of the King or to rebel against the Government established I vow to God Almighty I never had such a thought in me 't is a truth my Lord. My Lord they have sworn desperately against me and it hath appeared I think by very credible persons that they have contradicted one another It hath been proved that this was a designe that they were tampered withal that they complained they were in poverty that they wanted maintenance and they did confess they were tempted to come over to swear against Protestants and now the Lord knows they have closed with it and they begin with me I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn and that it is not possible if I had a grain of sence for me to discover my self to be such an one to Haynes that was an Irish-man and should speak all the Treason that he hath galloped through at first sight that as soon as ever I saw him that I should speak so to him I hope you will consider whether it consists with common Reason when there could be no probability of making any use of him in the world My Lord all my Witnesses that I have brought your Lordship can and I hope will sum them up better than I can for I declare it I have been so concern'd that I have not been able to write half of it down But I think there is never a man that hath sworn against me but hath been sufficiently confuted by persons of integrity and honesty men of Principles and men of Religion they are such my Lord that make Conscience of what they say they are persons altogether unknown to me most of them as to what they had to say it was what they offered voluntarily and I am certain they have had nothing but their bare Charges if they had that for their pains in coming hither and my Lord there is no probability that they should come and attest any thing that is false for me who am a stranger for nothing No man is a Knave for nothing as I believe these men are not My Lord I do declare it I was bred a Protestant and have lived so I am so to this very day I have been a lover of the Church of England and of all the fundamental points of Doctrine believed in it I own the same God the same Saviour the same Gospel and the same Faith I never had a prejudice against any man in the Church in my life but such as have made it their business to promote the interest of the Papists and such I must beg leave to say there are amongst them for there is no Society in the world without some bad men and these do promote the interest of the Papists by dividing the Protestants and allowing none to be true Protestants but those that are within the Church of England established by Law which is a Notion so wide I could never close with that I never had a prejudice against any man but a Knave in my life I have heard I confess some of the Dissenters and I have found very honest just pious godly men among them men free from Oaths and all Debauchery men that make a Conscience of what they say not like some persons that say they are of the Church of England that carry themselves in their lives and actions so as that no credit can be gained to the Church by them My Lord I have been an hearty man against the Papists I have been an hearty man as any person of my condition for Parliaments which I look upon to be my Birth-right and under God Almighty the Bulwark of our Liberty and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament for I always thought I served my Country when I served the Parliament and I served my King when I served my Country I never made any difference between them because I thought them both one I had the honour to be entrusted by them before and upon that account I came voluntarily down hither I rid my own Horse I spent my own Money and eat my own Bread I was not beholding to any man for the value of six pence all the while I was here My Lord I have ever since the Plot hath been discovered endeavoured with all my heart and all my power to detect and come at the very bottom of it I have spared for no time nor pains what lay fairly in my way in every thing to encourage those that discovered the Villanies of the Popish Plot against the life of the King and for the subversion of the Religion and Government established by Law Now certainly it is not strange to the world for I think all Christendom is aware how plain the Popish Plot hath been proved These men that swear against me were they that used to follow me sometimes they would say It was they that had come to save our lives and yet we let them want Bread That
do not put a trick upon us This may be a trick of the Papists to ruine us and if they have such a designe if they will not put it upon you and I they are fools Upon your Lordship said I they may but I am a poor inconsiderable fellow Says my Lord I 'll tell you Mr. Godfrey Mr. Colledge hath not onely been an honest man but an useful and an active man for the Protestant interest So I told my Lord how far I had gone with him and that I desired it might be put in Writing Says my Lord Shaftsbury If he will put it in Writing I will go once again for I have been since I saw the Fellow with my Lord Macclesfield and my Lord Chief Justice Pemberton and my Lord Chancellor and I have told them that there is such a person in general but I knew not the man as indeed my Lord did not for onely Ivy was the person between them that my Lord knew And I told them says my Lord that he can confirm all that Fitz-harris has said concerning the death of Sir Edmundbury Godfrey and that he would prove my Lord of Danby was in it if he might have his Pardon and my Lord said They promised to speak to his Majesty that it might be granted But some time the latter end of the week I heard it would not be granted and both of these men followed me to know what they should do Said I My Lord Shaftsbury knows not but that it may be a Trick and said I to Ivy I wonder why he should conceal it all this while being a necessitous man and 500 l. proffered by the King in his Proclamation Why says Ivy do you think there is no truth in it says I 'T is not my Judgment but my Lord Shaftsbury and Mr. Godfrey's Judgment too He answered me again Fitz-harris hath desired he may have a Pardon granted for himself and a Frenchman and if so be there were nothing in it Do you think he would move for a Pardon Says I Did Mr. Fitz-harris move for Haynes Pardon How do I know that says Ivy again Fitz-harris's Wife told me so Says I Let me speak with Fitz-harris's Wife let me hear her say so and I will believe you The next day he did bring her to me to my house And this was the time and the occasion that brought Fitz-harris's Wife and Haynes and Ivy and Mr. Fitz-harris's Maid to my house and I never saw Fitz-harris in my days till his Trial nor had any Communication with him But my Lord she did talk with Haynes and confirmed it to me That her Husband had desired a Pardon for him Why then said I he would do well to discover what he knows to my Lord Shaftsbury for I was with my Lord and he says he will meddle no more unless he will give it under his hand what he has to say And he did confess to me in my own Yard for there we were together That he saw my Lord of Danby come into the Chappel at Sommerset-House when the Body of Sir Edmundbury Godfrey lay under the Altar L. C. J. Here hath been nothing of this made appear by proof Colledge My Lord I onely tell you which way they introduced themselves into my Acquaintance L. C. J. You may observe what you will upon the Evidence as we told you but you ramble from the matter you are to speak to And as we told Mr. Attorney that what he said should go for nothing unless he made it out by proof so must we say to you what you say goes for nothing further than you have proved it Now you have quitted the Proof quite and not spoke to that but run into other stories I would have you keep your self to your Proofs and make your Observations upon them Colledge 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I erre I tell you the truth of things thus it was L. C. J. Truth Why if yours or any man's word in your case should go for truth no man that stands at a Bar could be convicted for every man will say he is an honest man and all the plausible things in the world Make you your Observations upon the Proof that is proper for you to do and urge it as well as you can and to the best purpose you can but to tell us long stories of passages between you and others that are not a whit proved that is not usual nor pertinent Colledge I thought it had been to the point when this man pretends to have a familiarity with me to shew how his Acquaintance begun Mr. Just Jones Why do you think 't is an Answer to him in what he proves upon his Oath Have you proved one jot of it not that I have heard 'T is your part to sum up the Evidence on your own side and to answer that which is proved upon you if you can Do that and we will hear you speak to it as long as you can But to tell stories to amuse the Jury with that are not proved and to run out into rambling discourses to no purpose that is not to be allowed nor never was in any Court of Justice Mr. Just Raymond Not one of your Witnesses have mentioned any thing that you say Mr. Just Levins I wonder Mr. Colledge you should forget your self so much for you found fault with Mr. Attorney at the beginning for opening the Evidence and you were told and the Jury were told at your request that what he said and did not prove passed for nothing But I must tell you 't is much worse in your case for Mr. Attorney onely opened what he might prove afterwards but your Observations are upon what hath been proved already and yet you run out into stories of what hath not been proved at all after your Proof is past Colledge Sir I could not prove this otherwise than by Ivy who hath been sworn against me Mr. Just Jones Would you have the Jury to believe you upon your word Colledge There is no more than his Oath against me and why my Oath being an English-man and a Protestant should not be taken as well as his that is an Irish-man and hath been a Papist I know not L. C. J. You go upon that ground that your word is to be taken as appears by your defence but I must tell you all the course of Justice were destroyed and no Justice against Malefactors were to be had if the word of him that is accused should pass for proof to acquit him Colledge My Lord I have given your Lordship an account of these fellows Conversations and what other Proofs to make I know not for I knew not what they would swear against me and I had not Witnesses in my Pocket to confront them Mr. Just Levins Well the Jury have heard it over and over again first upon your request that nothing is to be taken notice of that
is not proved Colledge Pray my Lord then as to Haynes My Lord I do observe that there was a Witness for me that did prove he owned he was one that was employed to make a Protestant Plot and another that did hear him Swear dam him he would Swear any thing against any body for Money for it was his Trade Mr. Just Levins Now you are right speak as much as you will as to your proofs Colledge My Lord I think Turbervile and Dugdale Swear as to the tenth of March in Oxon I desire it may be proved I was in Oxford the tenth of March. Mr. Just Jones You yourself came down the middle of March. L.C.J. I do not remember that they said the tenth of March. Colledge Did not the Indictment say so Mr. Att. Gen. It is only in the Indictment L.C.J. As to the time mentioned in the Indictment it is not material that is the constant rule in Tryals upon Indictments as if an Horse be laid to be stole the tenth if it be proved the prisoner stole it at another day it will be sufficient the time is not material the question is whether the Indictment be true in substance Mr. Colledge my Brothers will all tell you that the Law is so Mr. Just Levins Though it is laid the tenth of March yet if it be proved the first or twentieth before or after it is all one so the thing be proved they are not bound to a day Colledge My Lord the punctilio's of Law I know not but it was the twenty fourth or twenty fifth er'e I came down L.C.J. Well go on Sir Colledge Dugdale says I meant by the word Rowley the King Mr. Just Jones He does so Colledge How does he come to know that by that word I meant the King L. C. J. That we did ask him and he says you used so to expound it Mr. Just Jones Why look you he said you and he used to have frequent Communication concerning the King and you did most frequently speak of the King by the name of Rowley Colledge But I say my Lord I never spake of the King by the name of Rowley in my life Mr. Just Jones You say it and he Swears the contrary Colledge I don't remember that he says I declared it so but he said I meant it for if I had declared it then it had been the same thing for me to have named the King downright Mr. Just Levins Look you Mr. Colledge as to that when any Witness had done his Evidence you had liberty to cross examine him L.C.J. Would you have him called up again to clear this Colledge Yes if you please L.C.J. Stand up Mr. Dugdale I understood by you Testimony when Mr. Colledge and you discoursed of the King you sometimes discoursed of him by the name of Rowley and that he explained that name to be the King Mr. Dugdale The first time I ever heard what Rowley meant was from him for I asked him what he meant by the name of Rowley I heard it before but I did not understand it Mr. Just Jones Where was it Mr. Dugdale At Richards Coffee-house Mr. Just Jones What was the answer he made you Mr. Dugdale He said it was the King Colledge Upon what occasion did I explain it to you Mr. Dugdale Upon the account of the Pictures Colledge I know not which of the Pictures has the name of Rowley in it Mr. Dugdale It was when we were talking of one of the Pictures you brought in Rowley and Mack and Mac was the Duke of York and Rowley was the King Colledge Upon what Picture was it that I took occasion to explain the name Rowley to you Mr. Dugdale I am not certain Colledge Remember you have an account to give as well as I. Mr. Dugdale You have so many Pictures that I can't remember them you have shewed me more than have been produced in Court Colledge Where had you that Picture from me that they call Raree Shew Mr. Dugdale Truly I received of them twice at Richards Coffee-house Colledge Twice do you say Mr. Dugdale Yes two of them at two several times for you having promised me one you brought it according to your word Colledge When was that Mr. Dugdale I did not keep an account of the day of the Month and another I do remember at the Green Dragon Tavern you thrust into my pocket and Mr. Baldwin was by at that time And said he Mr. Colledge You will be so open that you will come to be discovered at last Colledge Then will I be willing to dye for it if he and I and Mr. Baldwin were at the Green Dragon Tavern together When was it that I gave you any Pictures there was it since the Parliament at Oxon Mr. Dugdale Do I charge you since the Parliament Colledge I never saw Raree Shew before the Parliament at Oxford Mr. Dugdale I do not say it was that you gave me one of the others Colledge 'T is strange you will stick to nothing When was it we were at the Green Dragon Tavern Mr. Dugdale We were there before the Parliament sat at Oxon it was since Christmass Colledge What Picture was it I gave you there Mr. Dugdale It may be I can't remember which of them it was it was not Raree Shew I suppose you gave me one of them concerning the Bishops where you put Bishop Mew kissing the Popes Toe for it was a Bishop with a patch on and that you told me was Bishop Mew Colledge I put it did I make it Mr. Dugdale You said you were the Author Mr. Just Jones Mr. Colledge Will you consider upon what Mr. Dugdale was called up about the Exposition of the Name Rowley Colledge I did examine him and he hath contradicted himself for he hath said at the Green Dragon Tavern I gave him a Picture of Raree Shew Mr. Just Jones He said no such thing he said he did not know which it was Colledge I am certain he meant that then when he spake it for he named it before that he had two from me at Richards Coffee-house and one I thrust into his pocket at the Tavern and I say I never was at the Green Dragon Tavern with Mr. Dugdale and Mr. Baldwyn nor in the Tavern these three quarters of a year Mr. Just Levins Mr. Colledge you were in the right way just now to manage your Evidence in opposition to the other Evidence go on in that way Colledge My Lord I don't know well what was said for I could not hear half nor write a quarter of it but my Lord I hope your Lordship hath taken Notes of it and will remember it for me You are my Counsel as well as my Judges L.C.J. In matter of Fact we are Colledge My Life and your Souls lye at stake to do me Justice therefore I hope you will take notice of what I have not had the opportunity to write down I have observed that every one of my Witnesses have spoken materially
to contradict what they have said to prove that this was done for Money and that there hath been Confessions from every man of them that they were hired to do it that they did it for a Livelyhood and one of them said It was a good Trade dam him he would do any thing for Money And I hope then you will consider the improbability that I should speak to an Irish man who I had never seen before in my life and that I should at the first dash utter all that Treason that he gives in Evidence I think it cannot consist with any man's understanding to believe me so mad or so weak Mr. Justice Levinz That is as to Haynes only Colledge As to Smith now I suppose it does not come within the reach of the Statute for the Dinner that was made by Alderman Wilcox was made before last July was twelve-month all the Witnesses do say it was before Christmas and Dr. Oates says it was in the Summer I know it by a very good observation because I went to Astrop Waters after that and I saw Sir Creswell Levinz at the Wells Now Sir you were there before this time twelvemonth So then whatever he says I said to him there I cannot be charged withal by the Statute more or less if I had never a Witness against him but I have Witnesses that have contradicted him sufficiently that he is forsworn in that and if so he is not to be believed in any thing else for he says he and I went to the Coffee-house together and we discoursed such and such things which is not above half a Bows shoot and he made it I say a quarter of a miles discourse if I had had all the talk the discourse could not be so long tho' he had said never a word So you see what a kind of Witness he is And Dr. Oates's Brother did say That I did go along with Dr. Oates and offered to be one of his Guard and I did say so and went along with them but Mr. Smith he came after And as to what he says he is sufficiently confuted that is about the going into Cabals after Dinner for it is proved That I fell asleep behind the Table and Dr. Oates was discoursing with Mr. Savage upon points of Divinity but I took no notice of it neither did I see Smith any more but he went away and so did the rest of the Company But my Lord when Haynes was taken Smith comes to me that day to my House at the Ditch-side and sends in a man for me his man I was writing in my Parlour and drawing the Design for Wainscotting Alhallows Church a Platform for it his man told me His Master would speak with me and Haynes was taken that morning But as I understand since it was by agreement and his own consent tho' he hath pretended otherwise You hear says he Haynes is taken Yes says I I do he hath been ever since 9 a Clock before the Secretary upon Examination and he was till 5 a Clock at night examining said he I believe he confesses a great deal said I Of what said he Of some design of the Protestants said I What against the Government I do not know what they may affright him into he is a great Rogue if it be true all that he hath said of himself He says He was concerned in the Fire of London and knew of a Design to destroy the Protestants then of a Rebellion that was to be in Ireland of Plunket's being made Primate and a great many of those things So that if he speaks truth he hath been a great Rogue and as he hath pretended also he was a great Coward So then I believe he may say any thing to excuse himself says Mr. Smith I wish you are safe This was the very night before I was taken Mr. Just Jones Have you proved any thing of this Colledge My Lord Pray give me leave to tell you what is proof Mr. Just Jones You are not to repeat this unless you prove it Sir Colledge He spake cautiously to me as if he would have intimated to me he would have had me run away Said he I believe you are not safe I would have you take care of your self for you were concerned with him Now my Lord if I had been a guilty person I had time enough to get away and to prove this I can only say this was betwixt him and I. But my Lord you hear Dr. Oates says that this very Smith did swear he would have my Bloud and that was upon this occasion of my vindicating Sampson whom he had struck and abused and I asked Why he did it Said he I value no man's Life if he affront me if 't is any man in England I value him not My Lord upon this occasision the words rise between us and when he came out of doors and was going away Dr. Oates said He swore he would have my Bloud and that was the occasion of his speaking that Blasphemy Lord Ch. Just Dr. Oates did say so Mr. Just Levinz Well you are right now if you will go on in that way Colledge My Lord This is for Smith and Haynes that Haynes should say it was a good trade and dam him he would swear any thing for money and that Smith should swear dam him he would have my blood I cannot sum up the rest of them for I have not them here Mr. Just Jones There is Turbervile and Dugdale and Smith we will help you as to the persons Mr. Just Levinz Pray keep to the business and do not run out Colledge Pray my Lord I have one thing to say about Smith he sayes I shewd him my Arms which I have had for any time almost these 3 years ever since the Plot brake out I have been Armed ready to oppose the Papists and I did my duty in the City in person in the Trained bands but Smith says these Arms were to destroy the Kings Guards but he does not prove that I was Confederate with any other person but instead of that there were other persons that say with his own mouth that he did not believe there was any Protestant Plot nay he did believe I said it only in wantonness This is all then how probable was it that I my self should seize the King or destroy his Guards Mr. Just Jones You remember Captain Brown Captain Chuton and Don Lewes Mr. Colledge Colledge Did he swear they were all in my company at Oxon Mr. Just Jones Yes Dugdale did Colledge My Lord Captain Brown and Lewes were friends to my Lord Howard with whom and other Company I came down to Oxon and they lay with me at the Chequer and they were in my Company because they were Guests in the House and we came along together but he does not say they were either of them Armed more than my self nor was he ever in company with us how then does he know we were in a
Conspiracy Mr. Just Jones Because you told him at London first that they were such persons Colledge I never saw Lewes in may days till I saw him that morning I came down from Oxon and Brown I was not acquainted with a fortnight before This is a truth but however they have sworn a Plot upon me at Oxon and then come and prove I declared these were the men and spoke such and such words at London I desire your Lordships Judgment in this matter of Law whether what be done at London can be sufficient matter of proof in Law to maintain an Indictment against me at Oxon And if not they do not prove legally that I have spoken such words Besides I conceive 't is not a good proof because there is but one Witness L. Ch. Justice Yes look you there are two Witnesses Dugdale and Turbervile as to what you said at Oxon and two Witnesses as to what you said at London Haynes and Smith who testifie what you said you would do at Oxon. Now in case you came to Oxon with any such intention that coming to Oxford is an overt-Act and the witnesses that speak what you said in London is Evidence to maintain the Indictment here and to prove what your intention was Colledge Does that become an overt-Act if I go to Oxon upon an honest occasion any other occasion tho' I had said those words before L. Ch. Justice If you came with that intent to joyn with others and with a real purpose to seize the King that is the Overt-Act and the words before prove the intention Mr. Just Jones He declared it himself by his words Colledge Smith says that about a week after Wilcox's dinner I disoursed with him at the Ditch side that comes not within the compass of the Statutes Then there is twice of the 3 times he speaks of the last day I do not remember when it was L. Ch. Justice All was in London that Smith speaks of you Colledge How comes that to be proof here then nothing he says is to go for any thing Mr. Just Jones Nothing will serve your turn we have declared our Opinions once already that if the Witnesses swear true here are two witnesses nay if one were of what was done at London and the other of what was done at Oxon if they be to the same Treason they are two Witnesses in Law Colledge My Lord I observe one thing upon Turbervile's Evidence he swears there was a discourse in the Room when Brown was upon the Bed but afterwards if your Lordship minds it he says I discoursed with him as he and I lay upon the Bed Before he said when Brown lay upon the Bed and in the Room and afterwards when we lay upon the Bed Mr. Just Jones Both the one and the other Colledge But he said said first one way and then the other Mr. Just Jones Whilst Brown lay upon the Bed and when he was gone whilst you both lay upon the Bed L. Ch. Justice We will do you no wrong therefore if you will Turbervile shall stand up and clear it Colledge My Lord I believe those that have taken the passages can prove he contradicted himself in that L. Ch. Just He said both But the Jury have taken notes of the Evidence and will take notice of it Colledge As to Mr. Masters the Evidence he gives was he says that he and I should discourse of the Parliament in 40. Mr. Just Jones And the justifiableness of the late King's death that they had done nothing but what they had just cause to do Colledge He swears that I did say to him that the late Parliament did not cut off the Kings head Mr. Just Jones And you said the last Parliament that sate at Westminster was of the same opinion with that in 40. Colledge I dare appeal to Esq Charlton in whose shop the discourse was I did not know that Mr. Masters was to be an Evidence against me and truly they have taken that course with me by which any man may be destroyed with half this Evidence were they of good Credit let his Innocence be what it will I have been used so barbarously in the Tower kept from all Conversation and so in an utter ignorance of what was sworn against me for else I could easily have disproved Mr. Masters if I had been in London and had liberty to provide for my defence but they have taken a course to prevent that and brought me hither because 't is impossible I should here defend my self L. Ch. Just You have not offered at any Witness to Impeach Mr. Masters Credit Colledge Mr. Masters discourse he speaks of was in Mr. Charlton's shop I durst have appealed to him about it for I know if he were here he would do me right Mr. Masters did say the Parliament cut off the late Kings Head We held a dispute upon that which I was not willing to enter into I said they did not and we did then dispute whether they began the War against his Majesty I said they did not that I knew of neither were they the persons but the Papists that began that War and that broke off the Treaty at Vxbridge and that the Papists carryed it on to that sad issue and put it upon the Protestants that they had the odium of it but it was another sort of men that carryed it on I said that I did always understand that Parliament to be an honest Parliament that minded the true Interest of the Nation and much of the same opinion with the Parliament that fate last at Westminster But before I said this I said they were persons altogether innocent of the Kings murder and raising the War against the King I did always understand that so the Parliament in 40 were L. Ch. Just But they were guilty of a Rebellion and are declared so by Act of Parliament since His Majesty came in Colledge My Lord I am unacquainted with the Law I speak only my sense of it And my Lord I did excuse them as to the Murder of the King and the beginning of the War that according to my understanding they were not Guilty of it and from thence I did maintain they were an honest good Parliament and much of opinion with the Parliament that sat last at Westminster which was for the true Interest of the Nation L. Ch. Just And was that the true Interest of the Nation to cut off the King's Head Colledge I did argue that with him some time and I did tell him that it was the Papists that did all the Mischief Mr. Just Jones But he sayes no upon his Oath that when he had said the Parliament begun the Rebellion and the Parliament did cut off the King's Head you said the Parliament did nothing but what they had just Cause for and the Parliament that sat last at Westminster was of the same mind L. Ch. Just Those were his words Colledge Pray let him be called again L. Ch. Just
Let Mr. Masters stand up again Colledge Pray Sir relate the whole discourse that passed between you and I whether I did not argue with you it was not the Parliament cut off the Kings head nor begun 〈◊〉 War but the Papists Mr Masters No you did not say any such thing We had a great deal of discourse in the Shop and under the Arch and the thing that was said Mr. Colledge was this You did say to me that you did justifie the late long Parliament of 40 and their proceedings and you said they were a Parliament that did nothing but what they had just cause for said I how can you be so impudent to say so when they raised the Rebellion against the King and cut off his head said he again they did nothing but what they had just cause for and the Parliament that sat last at Westminster were of the same opinion Mr. Just Jones I did you no wrong in repeating the evidence you see Mr. Colledge Colledge Did I not first dispute with you that they did not begin the War nor cut off the King but the Papists did it Mr. Masters Look you Mr. Colledge you would have had it the King began the War Colledge Don't you say so for I said the Papists began the War Sir say no more to me than what you will answer to God Almighty for I always said the Papists did all the mischief in the late times and I wonder Sir you would not be so just to his Majesty as to detect me for what I said then if you apprehend it to be as you now say but I am sure you did not nor could not Mr. Masters Mr. Colledge it was so far from that that I was afraid it was of dangerous Consequence and I gave some Persons of Honour an accompt of it and I was sent to but on Friday last to know what it was was said and I was desired and commanded to come down hither Colledge Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own Conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the World Colledge Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charlton's shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. Jefferies Mr. Masters don't trouble your self your Reputation is not upon the Level with that Gentlemans Colledge I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the King's Head Colledge You did say to me they did cut off the King's Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an hand in it but Sir you have left out the most material part of our Discourse which was that you said they did nothing but what they had just cause for Colledge I do say and it was my sence always That the Parliament did not cut off the King's Head for they were long out of doors before that came to pass and a new unhappy War was begun L. Ch. Just The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your Principles and the Jury have heard what Mr. Masters says Colledge I was then a Child and do not know all the passages but I speak my sence L. Ch. Just You should not have justified such things Mr. Just Jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. Just Levinz It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the King's Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my Discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Serj. Jefferies He did then he tells you Colledge Had I known of it I am sure Mr. Charlton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it If it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. Just Jones What just after the same manner in raising War and Rebellion against the King Colledge After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the Rights of the People Now if it were so then the Parliament at Westminster were of the same opinion L. Ch. Just I tell you the Long Parliaments levying War is declared Rebellion by Act of Parliament Colledge My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. Jefferies You are a mighty learned Gentleman to talk of those points indeed Colledge My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. Ch. Justice 'T is upon the Act of the 13th of this King you speak Colledge Yes My Lord I take
it upon that Statute L. Ch. Justice I tell you as to that part of the Statute which concerns Misdemeanors there is a particular clause for prosecution by order of King or Council but as to that part of the Statute that concerns Treason it must be prosecuted within six months and the Inditement within three months after Colledge What Statute is this Inditement grounded upon Mr. Just Jones All Statutes that concern Treason L. Ch. Justice Upon the Statute of the 25 of Edw. 3. which declares the Common-Law and the Statute of the 13th of this King which when you have done I will have read to the Jury Colledge Then pray my Lord let me ask you one question Whether the Statute of the 25th of Edw. 3. does not say that there shall be two positive Witnesses to Treason Mr. Just Jones No but there is another that does Colledge I am ignorant of the Law and therefore I ask the question L. Ch. Justice Well I will tell you there must be two Witnesses in the Case but one Witness to one fact at one time and another Witness to another fact at another time will be sufficient Evidence to maintain an Indictment of Treason this was told you in the morning Mr. Just Jones And it was told you withal That it was the resolution of all the Judges in the Case of my Lord Stafford when he was tryed in Parliament Colledge They proved fact in that Case writing of Letters and offering money to kill the King but nothing of fact is proved against me but riding into the Country with Arms that I had three years before L. Ch. Justice We will read the Statute of the 13th wherein words are declared to be Treason Colledge I pray it may be read if you please which was done L. Ch. Justice Look you here To compass or imagine the imprisonment of the King and to express it by malitious and advised speaking when proved by two lawful Witnesses is Treason by this Act. Colledge Now whether you will distinguish that there must be two Witnesses to distinct places or times or whether the Statute intends two Witnesses to every particular fact and words L. Ch. Justice We told you our Opinion before That one Witness to one fact and another to another of the same Treason was sufficient We are upon our Oaths in it and speak not our own Opinions but what hath received publick resolution in Cases of the like consequence Colledge What lies before these Gentlemen of the Jury as done at Oxon 't is but upon a single testimony Mr Just Levinz Nay Mr. Dugdale and Mr. Turbervile both swear the same thing your design to seize the King at Oxon. And it would be the difficultest thing in the world to prove Treason against any man if the Law were not so and a man might commit all sorts of Treason securely for to be sure he would never say the same things before two Witnesses in one time and the King would be no sort safe for there would never be two Witnesses to one and the same thing But that hath been resolved often and often over and over again particularly in my Lord Stafford's Case as you have been told Colledge My Lord you say the King is not safe upon those terms and no private man is safe in the other way Mr. Just Levinz We say that the Law is so and there is good reason for it Mr. Just Jones We must not alter nor depart from the allowed received Law L. Ch. Justice I say the thing hath been considered in other Cases and the Law hath been adjudged and setled It was so resolved in my Lord Stafford's Case when the Judges by the command of the Parliament did deliver their Opinion upon that point moved by him Colledge There is nothing of fact proved against me but a pair of Pistols a Sword and an Horse L. Ch. Justice We have told you the Law and answered your question Colledge But as the Case stands if that be the Law all Society and Conversation must be ruined by it Mr. Just Jones Pray go on when do you think we shall have done else Colledge However I do not insist upon that so much as that the Testimonies and Oaths of these men are altogether invalidated by substantial persons that have here testified against them I do declare upon my Salvation I have nothing else to say I am wholly innocent and the Jury are my Judges and I beseech them as they will answer me at the great day of Judgement where they must appear as sure as I stand at this Bar now that they do me right and go according to their own Consciences for if a man shall be sworn against by such Fellows as these are no man is safe Mr. Serj. Jefferies The worse the better to be trusted by you Colledge I am sure it cannot be thought by men of common Reason that I should speak Treason at that rate that they have sworn and to such men men of their Profession Irish men and Papists Traitors that have declared they have been in all manner of Rogueries Murders Plots and Treasons Therefore my Lord I cannot do any more for my self because I have no Notes and cannot recite what hath been said for me or against me but I do depend upon your Lordship and I hope you will inform the Jury rightly and do me Justice and I do pray the Jury that they will let their Consciences be satisfied as they are English men and as they are Christians to consider how the Case lyes with me whether there has not been more occasion of talking of late and whether a slip of the Tongue may be called a premeditated malicious advised speaking I mean my Discourse with Mr. Masters He talked with me as hot as fire he was so violent and I did discourse him at that rate I have told you and that is truth as I have a Soul to be saved I did excuse the Parliament that as I understood it they had no hand in the beginning of the War or the Murder of the King My Lord As for the rest that have sworn against me so desperately I must say that if the Jury did not as well consider my Evidence as theirs yet they might well consider whether it consists with common sence and reason that I should speak to these men after this rate when I could lay no obligation upon them nor have any confidence in them necessitous persons that could not assist me one Mite men that were beholding to me to borrow Money of me and that eat of my cost that I had always been obliging to and not they to me But I hope I need insist upon this no further the whole Nation is sensible what is doing and what this does signifie They have begun with me in order to the making of a Presbyterian Plot which they would carry on to stifle the noise of the Popish Plot and this is not the 1 st the 2 d. nor
advised him to Arme himself whether he prepared them against that time or no is not material if he had them before and if he had them first innocently yet if he afterwards designed them for such a purpose and shewed them in a readiness for it that is a sufficient Evidence to prove this Treason So here are two Witnesses you observe against the Prisoner of this matter that is laid against him in the Indictment an intent to kill the King they both prove it positively upon him at Oxon. Mr. Dugdale speaks to matters precedent to for he tells you his discourse before they came down that they would come down for that purpose that they had an expectation some thing would be done and therefore he came down in an Equipage not suitable to his profession for you see he was by Trade a Carpenter or a Joyner but Armed on Horseback with a Case of Pistols things that don't become such men to Travel with and he did declare to Mr. Dugdale for what purpose he came down The next Witness is Mr. Smith and Mr. Smith is as positive and full to this matter of Treason as any of the rest Colledge There is scarce a Carpenter or a Joyner in London but hath Pistols when he rides L. Ch. Just Mr. Colledge We must not suffer this We had so much patience with you that we expect you should be quiet now and not interrupt the Counsel Colledge My Lord Let me not be overborn upon there is scarce a Poulterer in London but what hath Pistols Mr. Sol. Gen. We had great patience with you Mr. Colledge and did not interrupt you I am sure but let you say what you would I think I do you no wrong if I do I am under the Correction of the Court they will reprove me if I do that which does not become me Mr. Just Jones Did not you ramble I don't know how and yet you were suffered to go on Mr. Sol. Gen. He tells you of a discourse as he came from the Coffee-house to go to a Dinner whither he was invited by Alderman Wilcox and the discourse was That the King was as great a Papist as the Duke and much more to that purpose vilifying the King That Alderman Wilcox was a man that gave Money to buy Armes to bring the King to submission He objects against this and says 't is impossible such a discourse should be and that all this should be talked in so little a time as in passing from the Coffee-house to the Crown-Tavern without Temple-Barr Colledge Pray remember whose Company it was proved I went in Mr. Solicitor Mr. Sol. Gen. But Gentlemen when you consider how busie a man he was and how ready at talking of Treason you will not think but that this man might talk much more than this but this I mention to do him right it being one of the Arguments he used and to give an Answer to it tho' when you consider it I believe you will think it not to need an Answer But I would do him all the right I can and now you have heard it you will consider the weight of it Gentlemen he tells you of another discourse afterwards that does relate to his being here at Oxon he tells you he had Armes in his house and was ready upon all occasions and he shew'd Mr. Smith his Armes and told him these were the things that were to destroy Rowley's Guards as he said which by the Evidence is made to appear he meant the King by that name his Armes he said were for that purpose That he would go down to Oxon and there he expected some sport I know not what sport he thinks there is in Rebellion you see what principles he is of that does maintain and justifâ—e the greatest and horridest Rebellion that ever was in England and says they did nothing but what they had good cause for He tells Smith that he thought the King would seize upon some Members and with that expectation he came down but he was as ready as the King and would be one in the securing of him if he medled with any of the Members This proof Mr. Smith made and that after the Parliament was dissolved he said that the King ran away and was very much afraid This is proved by Smith likewise and this Colledge did declare after he came to Town Smith proves further That he did wonder the King did not consider how easily his Father's Head was brought to the Block and for Mr. Colledge's part he did declare that he did believe this King would be served so shortly And this does confirm what his other Witnesses have spoken of his words at Oxon. Thus then there are three Witnesses tho' two are enough to convict a man if they be positive to the Treason Mr. Haynes is the 4 th Witness and he is as full as any of them I do but repeat it in short you have had it so often canvassed by Colledge that I believe you will easily remember it He did advise Haynes that he should not value the King at all for the King should be called to account for all his Actions he said he would seize the King and bring him to the Block as they did his Father with an undecent expression of that blessed King not fit to be repeated And he said they did intend when they had cut off him never any more of his Race should Raign this it was Haynes says tho' there are other matters I would take notice of one thing more and I need not but mention it you will remember it and that is about the Libel of Fitzharris Haynes tells you upon discourse of that Libel he said that every word of it was true as sure as God is in Heaven Now that was a Libel made by a Papist an Irish Papist who hath been Tryed Convicted and Executed for it and the horridest Libel it was that ever was Writ And this is the Libel which this Gentleman who is so very conversant in Libels and Books of that sort avers to be as true as God is in Heaven This is the substance Gentlemen of that proof which hath been made to you we have other Circumstances to prove that as he came down with that intent to seize the King and as he expected what he calls some sport so he did endeavour to begin the sport he did quarrel in the Lobby of the House of Lords with Fitz Gerald some blows passed and Sir William Jennings telling him his Nose bled he did declare I have lost the first blood in the Cause but it will not be long before there be more lost Thus after he had come down he endeavoured to begin a Commotion for from little matters great things do sometimes arise and when all men were possest with an Expectation such as he himself did declare he and others came down with an expectation that the Parliament should be attacked a little matter might have begun such a
Parliament was guilty of High Rebellion And even in those Quaeries he asperses not only the Government but every man that has any Concern in it for it takes notice not only of the King but of all His Council Never a Judge nor an Officer in the Nation but is traduced by it and which is most material it was the Foundation of that Libel which has been mentioned to you and which Fitz Haris was so justly condemned and executed for that most Traiterous and Infamous Libel in part of it has these Quaeries and a great Paragraph of this Libel makes up part of that Libel of Fitz Harris which our Witnesses say Mr. Colledge was pleased to affirm was as true as God is in Heaven Another thing is this This Gentleman whose proper business it had been to manage his Employment at London for a Joyner is best seen in his proper place usiing the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too then to come with Pistols and all those Accoutrements about him to be regulating of the Government what have such People to do to interfere with the business of the Government God be thanked we have a wise Prince and God be thanked he hath wise Counsellours about him and He and they know well enough how to do their own business and not to need the Advice of a Joyner tho' he calls himself The Protestant Joyner What had he to do to engage himself before his Advice was required How comes he to concern himself so much that after he had writ this Libel wherein he is pleased to take notice of Tyrants afterwards should go to make a Print I mean the Rare Shew and when Dugdale comes to inquire of him what do you mean by such a thing the Tyrant shall go down Says he I mean by that the King And what do you mean by having them go to Breda Why there he explains it that he puts all the Government the Lords and the Bishops upon the Kings Back and being asked what he meant to have done with them Why the Bishops and the King and all were to go to Breda These are the things that himself did acknowledge he was the Author of and these Prints he did cause to be made and he is the person that gives you an Account that it was but the conception and imagination of Dugdale that Rowley meant the King but Dugdale being called again he tells you after some time that he was under some difficulty to know the meaning of it and then Colledge tells him it was meant the King and so he expounded it to him And so Smith tells you of that same name of Old Rowley again Gentlemen Thus I tell you what hath been omitted The Evidence hath been long and therefore we must be pardoned if we can't exactly repeat it This is the Evidence that was done at Oxon the next is Mr. Smith who speaks of what was done in London and he is an Evidence both as to the word Rowley as to the coming with Arms and as to the declaring to what end he came and what he had done Mr. Haynes he tells you both before and after the same and that I must take notice of to you Mr. Smith does particularly say he used those words which I hope every honest man and every good man that desires to preserve the Government according to Law will hear with the greatest detestation and abhorrence he talked of the taking away the Life of the late King of blessed memory at such an impudent rate that every true Protestants Blood would curdle at the hearing of it And this he said not only to Mr. Masters but he justified it to Mr. Smith too In the next place you have Turbervile who gives you all the reasons how he did not only tell of these things himself but encouraged him to prepare himself accordingly and he gave him a Mark a Ribbon with No Popery no Slavery These were Marks whereby they were to be known and they were to be one and all as they call it that when such a blow was struck they should be ready to fall in There is one thing more that I take notice of that is what was said by a Gentleman Sir William Jennings which is a Confirmation of all the other Evidence that Gentleman who hath appeared to you to be a man of Honour even by the Confession of Mr. Colledge himself and by his own words for he said like an honest man and like a Loyal man too that he would rather engage himself in three dangers for the Service of the King at Sea than come in cold Blood to give Evidence against a man for his Life at the Bar. And yet this man who tells you this of himself and that very Person whom Colledge himself calls a Worthy Person hath given you this Accompt that when he told him his Nose bled he answer'd him it was the first Blood lost in the Cause but it would not be long e're there was more lost an excellent Cause for a man to venture his Blood in When he was told of this he began to put it off and to use his own words had a great mind to sham off the business but in Truth there was no Answer given to it Gentlemen the Objections that have been made against the Evidence that have not been taken notice of I desire to take notice of I think against three of them there has been only Mr. Oates and Mr. Oates I confess has said in verbo Sacerdotis strange things against Dugdale Smith and Turbervile I have only the Affirmation of Mr. Oates and as ill men may become good men so may good men become ill men or otherwise I know not what would become of some part of Mr. Oates's Testimony And in the next place if these men have not sworn true I am sure Mr. Oates must stand alone in the greatest point in which all the Evidence agree that is the Popish Plot. But Gentlemen I must take notice to you that it is strange to me that ever you upon your Consciences should perjure three men who positively upon their Oaths deny any such Discourses as Mr. Oates speaks of against them I do put that upon your Consciences whether you upon the bare Affirmation of Mr. Oates in this place will convict three men upon whose Testimony the Lives of so many as have suffered have been taken away and as we Protestants do believe justly I say whether you will do it upon the bare Affirmation of Mr. Oates against their Oaths In the next place Gentlemen I must tell you Besides the positive Evidence of these Gentlemen there is a Circumstance of improbability in the very words which he speaks of Will any man tell me that after such time as men have given their Oaths as Smith had given his that he was concerned and so had Dugdale and Turbervile too that these
and neither Mr. Attorny nor Mr. Solicitor nor no Body else shall come to them till they be agreed of their Verdict Mr. Just Jones If that be the thing you ask you shall have it according to the Law Colledge And any Friend of mine may be by L. Ch. Justice There shall be an Officer sworn to keep them Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned Proclamation being made for attendance the Court sent to see whether the Jury were agreed who immediately came in to Court Cl. of Cr. Gentlemen are you agreed of your Verdict Om. Yes Cl. of Cr. Who shall say for you Om. Foreman Cl. of Cr. Stephen Colledge Hold up thy hand look upon him you of the Jury How say you is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. Look to him Goaler he is found Guilty of High Treason what Goods c. At which there was a great shout given at which the Court being offended one Person who was observed by the Cryer to be particularly concerned in the shout was Committed to Goal for that Night but the next Morning having received a publick reproof was discharged without Fees Then it being about 3 a Clock in the morning the Court adjourned to 10. At which hour the Court being sate and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of Kings-Bench L. Ch. Justice Where is the Prisoner Stephen Colledge Cl. of Cr. Set up Stephen Colledge Then the Prisoner was brought to the Bar. Cl. of Cr. Hearken to the Court and hold up thy hand Thou hast been Indicted and Arraigned of High Treason and for thy Tryal hast put thy self upon thy Country and they have found thee Guilty what canst thou say for thy self why the Court should not give Judgment on thee to dye according to the Law Colledge My Lord I have nothing more to offer but only that I am innocent of what is laid to my charge I think it was severe against me now contrary to what was sworn at London They swear now I was to seize the King at Oxon. In London they swore I would pluck the King out of Whitehall but 't is altered since and now 't is to seize the King at Oxon but be it either one or to'ther for the one is as true as the other I am wholly innocent of either I never had such a thought in my Life God forgive them that have sworn against me I have no more to say my Lord. L. Ch. Justice Look you Mr. Colledge it is too late to profess your innocence you have been tryed and found Guilty but because you say it now 't is necessary for me to say something in vindication of the Verdict which I think the Court were all very well satisfied with There were sufficient proofs to warrant it and the Jury did according to Justice and right I thought it was a Case that as you made your own defence small proof would serve the turn to make any one believe you Guilty For as you would defend your self by pretending to be a Protestant It is wonder I must confess when you called so many Witnesses to your Religion and Reputation that none of them gave an account that they saw you receive the Sacrament within these many years or any of them particularly had seen you at Church in many years or what kind of Protestant you were If we look to your Words and Actions it is true they did prove this that you were mighty violent and zealous in crying out against Popery and the Papists but if we look to your Actions they favoured rather to promote the Papists ends For I must tell you the Papists are best extirpated and suppressed by a steady Prosecution of the Laws against them not by violent cryings out and putting the People into fervent heats and confusions for that is the thing the Papists aim at they have no hopes any other way to creep into the Kingdome but by Confusion and after the Church is destroyed that is under God the best Bulwark against them But you that cryed so loud against the Papists it was proved here who you called Papists You had the boldness to say that the King was a Papist the Bishops were Papists and the the Church of England were Papists If these be the Papists you cry out against what a kind of Protestant you are I know not I am sure you can be no good one But truly I thought you would have made better proof of that thing when you called so many witnesses to that purpose and then if we look to your Politicks what Opinion you had of the King it was proved by your discourse and by witnesses that you could have no Exception to their Testimony that you did justify the late horrid Rebellion and the Consequents of that was the murder of the best King in the World that you should go to justify the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justify such a thing if there were the same Circumstances would do the same thing again Then if we look upon another part of your defence as to your Arms it was objected you went armed to Oxon and that was made the Evidence of the Overt Act when you said by words your intentions what you would do that you would make one to seize the King that you did go armed you did confess I expected you should have said you only wore those things for your own defence upon the Road as a Gentleman travelling or went with your Friends to accompany them out of Town and defend them from Robbery but you said you went to Guard the Parliament I did not understand what you meant by it I do not believe the Parliament sent for any Guard or intended to have any Guard I do not believe that any of them in their Hearts thought they needed a Guard for I believe there was not a man that had any thing that looked like that or any thing of that nature For we saw that when the King by the necessity of his Affairs when the two Houses differed so much was pleased to dismiss them they all departed quietly not a man was seen to be disturbed there was no appearance of any such thing and how it should come into your head that were but a private man to go to guard the Parliament I much wonder Suppose all men of your condition should have gon to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might have been on a sudden And though you say you are no man of quality nor likely to be able to do any thing upon the Kings guards or the Kings Person yet if all of your quality had gon upon the same design that you did what ill Consequences might have been of it we see what has been done by Massianello a mean Man in another Country what by Wat Tyler and Jack Straw in this Kingdom I confess I know not what you meant by it but very ill things might have happened upon it So that these things when I look upon them and consider the complexion of your defence it makes an easie proof have credit But I think there was a full Proof in your case yet I say if there had been a great deal less proof the Jury might with Justice have found you Guilty And because you now declare your self innocent of all you are charged with I think my self bound to declare here in Vindication of the Country and in vindication of the Justice of the Court that it was a Verdict well given and to the satisfaction of the Court and I did not find my brothers did dislike it This I say to you out of Charity that you may incline your mind to a submission to the Justice that has overtaken you and that you may enter into Charity with all men and prepare your self for another Life There is nothing now remaining but to pronounce the Sentence which the Law provides for such an Offence which is this and the Court does award That you Stephen Colledge shall be carried from hence to the Place from whence you came and from thence you shall be drawn on an Hurdle to the Place of Execution where you shall be hanged up by the Neck and be cut down alive your Privy Members shall be cut off and your Bowels taken out and burnt before your Face your Head shall be cut off from your Body your Body be divided into four Quarters which are to be at the Kings dispose and the Lord have Mercy upon your Soul Colledge Amen My Lord I would know what time your Lordship is pleased to appoint for my Preparation L. Ch. Justice That will depend upon the Kings pleasure we do not use in these cases of high Treason to precipitate the Execution but we will leave such Order with the Sheriff to receive the Kings pleasure and obey it He will not do it so sudden but that you shall have Notice to prepare your self but it depends upon the Kings pleasure for your Body is to be at his dispose Then the Court adjourned And on Wednesday 31. of Aug. 1681. Being the Day appointed by His Majesty for his Execution he was according to Sentence Executed over against the Gate of the Castle at Oxford FINIS