nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
〈◊〉 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 Sir FRANCIS NORTH Lord Chief Justice of the Court of Common-Pleas and other Commissioners of Oyer and Terminer and Goal-Delivery held at the City of Oxon. for the County of Oxon. the 17th and 18th of August 1681. 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. DVBLIN Printed by Joseph Ray at Colledge-Green for a Society of Stationers 1681. TO THE KINGS MOST EXCELLENT MAJESTY The Humble Petition of Stephen Colledge now Prisoner in Your Majesties 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 prays 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 Mr. 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 matter 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 M. Smith M. Thompson M. 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 days before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton Court Aug. 11. 1681. IT is Ordered vp 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 Raymond Mr. Justice Levyns On Wednesday the 17th 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 Lo. Ch. Just North. GEntlemen You that are returned of the Grand Inqust 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 hereabout 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 Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. thy Supreme and Natural Lord the Fear of God in thy heart not having
mean Coll. 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. c. j. We promised you a fair Tryal but you must put your self upon that Tryal by your pleading Coll. 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. c. j. You can tell whether you are Guilty or not Guilty can't you Coll. 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 Coll. 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 Tryal L. c. j. 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 Coll. 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. c. j. 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 Gaoler and Sewell the Kings Messenger Lo. ch just When you have pleaded we will take it into consideration Colledge My Lord it may be too late then Lo. ch just 'T is a plain matter before you whether you be Guilty or no. You know what to answer Coll. I will give a direct answer after I have my papers again Mr. just jones You can give an answer to that without papers Lo. ch just Consult with your own heart and there you may receive an answer to that Question Mr. Att. Gen. Mr. Colledge 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 demurr 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 Councel 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 Lilburn's case He did insist upon a great many matters in Law and had the Books there himself Coll. I am wholly ignorant of the Law my Lord. Mr. Serj. jeff. 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 Coll. What is that pray Sir 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 Coll. 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 Coll. I do not refuse to plead I am willing to plead with all my Heart if I may have my right Mr. just jo If you do not plead you do refuse to plead Coll. Pray my Lord let me have my Papers Mr. Att. Gen. Pray give the Court an Account where you had 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. jeff. 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 Coll. I had them not all from one person they were received from my own hands some of them in the Tower and being brought back to me they were taken from me to day let me have but one of them the
Paper of instructions in point of Law that I may know what is my right I would not throw away my life if I have any thing that is my right that can preserve it L. c. j. You are to give a plain Answer whether you are Guilty or not Guilty now for that you have no use of Papers For you can best tell whether you be Guilty or not If you can propose any matter of Law that you can have to plead do it Coll. If I have any Plea that I may plead besides not Guilty I desire I may have my Papers to consider of it and that I may have Councel assigned me L. c. j. If you have any such Plea tell us the matter and the subststance of it Coll. I do not know what really are matters of Law if I had those instructions that are in my Papers I could give you a direct Answer presently L. c. j. You ought not to have any advice to decline your Tryal When you propose matter of Law your self you may have advice upon it But you ought not to have advice to decline your Tryal before-hand Cl. of cr Are you Guilty or not Guilty Coll. Mr. Attorney pray let me have a copy of the Indictment Mr. Att. Gen. Apply your self to the Court for it we must receive our directions from thence L. c. j. You have had the opinion of the Court you can't have it M. just Levinz You have been told nothing can be received from you but a Plea of Guilty or not Guilty and the Court have given you their opinion and that you cannot have a copy of the Indictment nor Councel assigned you till you offer something for them to be assigned upon L. c. j. And that was it which was done in the King's-Bench in the case of Fitz-Harris which I suppose you meant when you spake of the Judges Opinions Mr. just jones Nothing was done there till he himself assigned the matter in Law that he would plead and then Councel was assigned him Mr. Serj. jeff. Mr. Colledge was in the Court at that time and can tell what was done L. c. j. If you desire the Indictment read over again distinctly that you may have Mr. Att. Gen. Ay with all my heart Coll. Pray let me hear it again my Lord if you please L. c. j. Read it over again to him and read it distinctly Cl. of cr Thou art Indicted by the name of Stephen Colledge late of Oxon. in the County of Oxon. Carpenter as a false Traytor Coll. I have observed one thing already my Lord I pray I may have Pen and Ink. L. c. j. Ay give him Pen and Ink let him make what observations he can Then the clerk read the Indictment through Cl. of cr Art thou Guilty of this High-Treason or not Guilty Coll. This Indictment if I understand it says there was a Plot and conspiracy by me and others now I know when my Lord Stafford was tryed they did proceed to prove first that there was such a Plot and then that my Lord was guilty of it first that there was such a conspiracy by the Papists is it not requisite they should first prove such a Plot and conspiracy there was before they go to prove me guilty of it Mr. just jones What before you have pleaded L. c. j. When you have pleaded the next thing is to try you and to give the Evidence but what way the King's Councel will take to manage your Tryal that we can't tell Mr. Just Jones But they are not to be directed by you Mr. Colledge Colledge It was so done in my Lord Stafford's case Lo. Ch. Just He pleaded first however you have not yet pleaded Cl. of cr Are you Guilty or not Guilty L. Ch. Just Do not trifle any longer 't is a plain matter and requires a very short and plain answer Colledge Your Lordships are my Councel as well as my Judges and I do desire if I have any right to plead any other matter you will be pleased to declare it to me for I am ignorant in the Law Mr. Just Jones We have declared our opinion already that you have no right to have any Solicitor or Councel till matter of Law do arise Coll. Is it your Lordships opinion that I have no Plea in Law Mr. just jones Have you no Plea in Law L. c. j. He would have our judgment whether there be any or no. Mr. just jones You your self know best we know nothing you have to plead Colledge I cannot unless I have counsel and my papers L. c. j. There does nothing appear to us Coll. I know nothing of the Law L. c. j. Then plead not Guilty that is a ready Plea Mr. just jones You have heard our opinion over and over again You have as much counsel as is allowed in these cases for every man is best judge of his own case what to plead whether Guilty or not Guilty You have had as fair play as ever any man had Mr. Att. Gen. Mr. Colledge has said he knows of no Plea in Law he has and therefore there is none for de non apparentibus non existentibus the reason is the same L. c. j. In matter of Fact there is no Plea but not Guilty Coll. The Court are Judges in matter of law and they are my counsel Mr. just jones And the Court have all of them declared they know of nothing in Law that you have to plead Coll. Is not counsel to be allowed to one under my circumstances L. c. j. If you have any thing for Councel to be assigned upon you shall have them Coll. If I am ignorant of that and cannot propose it shall I not have the assistance of councel Mr. just jones No we have told you the Law plainly and that which is frequent in practice in like cases and you must be contented with the same measure Coll. My Lord I am ignorant of the law L. c. j. Then rely upon the Fact and plead not Guilty Coll. But if I have a right to any point in law let me have it Mr. just jones You have a right if you will propose any matter of Law but we cannot propose it for you Mr. Att. Gen. Mr. Colledge no man ought to propose your Plea for you Ignoruntia juris non excusat Colledge Shall my ignorance destroy me Mr. Attorney Mr. Sol. Gen. You have heard the opinion of the Court you have a right to propose any other Plea that you can your self but you have no right to ask counsel before you have pleaded Mr. Serj. Jeff. If Mr. Colledge have such a thing as a Solicitor I shall crave leave to put that Solicitor in mind of the case of one that was indicted of High-Treason for soliciting for one that was accused of High-Treason Mr. Att. Gen. We shall talk of that by and by L. c. j. The same methods are used in your case as are in all cases of the like nature as far as my knowledge
copy of the Indictment and of the pannel of the Jury and those were instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you plead speak to this purpose Pray my Lord I desire that may be examined and Mr. Smith may be called to give an account how he came to give the Prisoner those papers for here are abundance of niceties proposed for him to move and there will be a strange sort of proceedings at this rate if men go about to espouse the cause of Traytors Colledge I am no Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that morning as I am informed Mr. Att. Gen. Here is a list of the names of several men of the Countrey returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that paper my Lord Mr. Att. Gen. No I hope not Lo. ch just Whether they are material or not material if we should judge them not material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in case there were a crime in the delivering of them that would not do well on the other side therefore I would have these papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another account Mr. Att. Gen. But if it please your Lordship I desire you would enter into Examination of this matter for I have an account from London by a special Messenger that there are several persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another paper which is a List of men as Witnesses picked up together against the Kings Witnesses Lo. ch just He must have that deliver him that presently Mr. Attorn Gen. But my Lord others have gone about and framed Witnesses for him L. Ch. Just You must give him a list of his Witnesses for I see not what use you can make of it Mr. Serj. jeff. This no man will oppose sure if any thing that is delivered to him be fit to be delivered the person that delivers it must come and own it but before any person delivers any papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those papers mean and who gave them Lo. Ch. Just Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be proper for us to enter into the consideration of it But in the mean while what hurt is there if the papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life though he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. jefferies With submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask counsel of persons and bring it in papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Councel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is Lo. Ch. Just What think you of our perusing the papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to plead dilatories Colledge Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your jugdment about them when you have perused them Then the Judges looked upon that paper that was called the Speech L. c. j. We have read enough of this to suppress it and to examine it how this came to his hands Mr. just jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse than that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two papers to the Prisoner Mr. Smith Does any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. c. j. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe custody only to secure him till we can examine it not as charged with any crime but only that he may be forth-coming to be examined Mr. Att. Gen. You do not make a direct answer Mr. Smith in the case it will be proved upon you Mr. Smith Mr. Attorney I know not what answer to make better than I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be examined Mr. Smith I come to give no Informations here Mr. Attorney if I did I should be then examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. c. j. Mr. Attorney you will take a Recognizance of Mr. Smith to be forth-coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you leave to go to the Prison I did not think you would have abused that kindness to give him papers Lo. ch just Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. c. j. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I dealare Jabhor that Expression to be so interpreted that I reflected upon the Court. L. c. j. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town though I have not spoke one word in any publik company since I came Mr. just jones It seems you will reflect here in the face of the Court and in the face of the Countrey upon the Government upon the justice of the Kingdom Mr. Smith No my Lord I have told
into such hands as the Court may have command over they shall be in the Sheriffs Sons hands and you shall have the immediate use of them Coll. 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 Coll. 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 Coll. If you take away all my helps I cannot propose any thing Mr. Serj. jeff. To allow you those papers is to allow you councel by a side Wind. L. c. j. Look you the papers of instructions shall be delivered to the Sheriffs 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 adjourn'd till 2 in the Afternoon Post meridiem At 2 a clock the Court returned and Proclamation was made for attendance and for the Under-Sheriff to return his Jury Coll. My Lord ought not I to have a copy of this Jury L. Ch. Just No they are to look upon you as they come to be sworn and then you are to challenge 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 Sir let the way be clear that I may see them Cl. of cr Ay Ay. Coll. Pray Sir 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 challenge with cause Mr. Bigg No I was not Coll. 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 Sworn Edward Ayres 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 Piercy Sworn William Weâ—â— 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 Piercy John Lawrence L. c. j. Mr. Sheriff 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 Traytor against the Kings Majesty contrary to the duty of his Allegiance on the 10th of March in the 33d 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 seise 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 maliciously and traiterously 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 seise 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 Sir have you any body to prove this if you have not you do hurt to the Jury as well as me to speak it Lo. Ch. Just 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 says further then he makes good by proof and Witnesses will serve for
nothing Coll. 'T is hard the Counsel should plead against me and open things that he can't prove L. ch just I will do you all the right imaginable and therefore I do tell you again if they do not prove it all he says 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 Lo. Ch. Just 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. At. G. I hope to prove what I have said or every word of it shall pass for nothing Coll. '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 blue 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 though indeed it was a wild atempt 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 incouragement 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 unpremeditated thing for we shall prove that he had entertained the horridst malice against the King that ever Subject entertained against his Sovereign 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 venomous 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 King's 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 at his word and remember Sir you desire not to be believed your self but what you prove Mr. Ser. 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 throâ—â—l that Mr. Attorn hath opened 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 though 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 done accordingly Mr. Dugd. If your Lordships please whether or no I may deliver in these papers Mr. At. G. By by time enough when we ask for them speak your own knowledg Mr. Dugd. My Lord I have been I think acquainted with Mr. Colledge 2 years or thereabouts I have been several times in Mr. Colledges company and truly sometimes he hath been mightily bent against Popery he hath at sometimes uttered himself because the King did not prosecute the Papists according as he thought sufficiently
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 Coll. 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. Dugd. 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 Coll. What words did I say there Mr. Dugd. If you must have them repeated they were about the King Coll. What were they Mr. Dugd. That he was a Papist and designed Arbitrary Government Coll. Did I say so to you at my Lord Lovelace's Mr. Dugd. Yes as we lay a Bed Mr. Sol. Gen. Did you lye together Mr. Ser. Jeff. 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. Dugd. 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 Coll. Where was it I said those words in Oxford Mr. Dugd. At Combe's coffe-house was one place Coll. Was there no body by Mr. Dugd. No but at the Angel-Inn there were several persons standing by Coll. Surely then some of those heard the words as well as you Mr. Dugd. 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 Coll. What words have they and you heard and rebuked me for Mr. Dugd. 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. Ser. Jeff. He loves to hear it repeated Coll. What Arms did you see of mine in this Town Mr. Dugd. I saw Pistols you had a case of Pistols before you and you had some Pocket-Pistols Coll. None but one I borrowed of you and that you had again had I pray speak did you see any more Mr. Dugd. 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. Jeff. Heark you now you talk of Pistols do you know that he had any Pistols in his Holsters at Oxford Mr. Dugd. Yes he had Coll. Yes I know that I don't deny it Mr. Serj. jeff. I think a Chissel might have been more proper for a Joyner Coll. You say I was confederated with Capt. Brown and other men Mr. Dugd. You have told me that Captain Brown had agood Allowance and it was pity he had not a better Allowance and you would speak he might have a better Allowance for he was able to do good service when the time came Colledge From whom Mr. Dugd. Among you Colledge Among whom Mr. Dugd. You know there were several Gatherings among you that I was not privy to Colledge What do I know Mr. Sol. Gen. You know mony was gathered many times Colledge For what purpose Mr. Dugd. You never told me particulars it was to distribute some where I had none of it L. c. j. He does not say these men were concerned with you but you said so Mr. Dugd. You know Mr. Colledge there were many Gathering of monies Coll. Did I tell you there were any Gatherings for Capt. Brown Mr. Serj. jeff. He says you told him no particulars if you have a mind to ask him any more Questions do Coll. 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. Dugd. 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. Att. Gen. You will not deny that you confessed upon your Examination that you gave a Guinny Coll. 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. Dugd. Yes Coll. Were you in my company any where but in those two places Mr. Dugd. Yes I was with you at the Chequer Coll. Did you come a purpose to speak with me or had you any business particularly with me Mr. Dugd. 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. Dugd. I can't tell all the Rooms in that House Coll. Was it above stairs or below Mr. Dugd. Both above and below two days I was there with you Coll. Was there any of this discourse you speak of passed there between us Mr. Dugd. 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 Coll. 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. Dugd. Nay I came to Oxford either Wednesday night or Thursday morning and I saw Mr. Hunt and you together the same day I came Coll. Did I explain any Pictures to you at London or owned I was the Author of them Mr. Dugd. 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. jeff. 'T is your common Trade it seems Mr. Dugd. You told me you got them done Clerk reads A Character of a Popish Successor c. Mr. Ser. Holloway How did he explain it to you Mr. Dugdale Mr. Serj. jeff. 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 somebody to explain these things to you Mr. Dugdale Mr. Dugd. You did it upon my Oath Colledge Oh fie upon you Mr. Dugdale consider what you say Mr. Serj. jefferies All this you did explain it seems Mr. Dugd. And in one place of the other Libel the King was termed a Rogue but they put him in by another name Mr. Ser. jeff. Where is it Mr. Dugd. 'T is in Rary-Shew In the Manuscript it was Now now the Rogue is down Mr. Ser. jeff. Let me see it I took notice of it 't is Now now the Gyant is down here Coll. I ask you Sir Whether the Song which you say was sung at my Lord
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 pitiful 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 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. Ser. jeff. 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. Ser. jeff. What did he say to you about it Mr. Smith He did desire me to get 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. Attorn 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. Att. 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. Att. Gen. But pray tell us again what he said of the Kings running away Mr. Smith He said Rowley was afraid like his Grand-father Jumy and ran away ready to beshit himself L. c. 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 Coll. 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 two Gentlemen that belonged to the Alderman went up and down and gave Wine Coll. What Religion are you of Mr. Smith Is it for this man to ask me my Lord such a question Lo. ch just Yes answer him Mr. Smith I am a Protestant Coll. 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. Ser. jeff. Did not you swear against my Lord Stafford Mr. Att. 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 Reputation and I defie all the World to say any thing against it Colledge Pray hear me Sir if you please the first discourse that you speak of about Mr. Wilcox's being a good man for the Cause and contributing mony this was when we were at Dinner Mr. Smith This was that day when we went to dinner with him you know it very well Coll. Where were the other Discourses I had with you Mr. Smith Which part of them Colledge When I came from Oxford Mr. Smith By the Ditch side by your own House I have
hope a Turn-coat Rogue He was for the Plot whilst he was a puisne Judge but now he is Chief Justice he is the greatest Rogue in the world He is like one of the Pensioners 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 the 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 Twelve 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. Serj. jeff. Mr. Colledge if you will ask him any Questions you may Coll. 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. Serj. jeff. 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 Coll. Where was this discourse about superceding your Warrant Haynes At London Coll. When Haynes It was before the Parliament sate at Oxon. Coll. How long Haynes I can't tell positively to an hour or a day Coll. What month as near as you can Haynes It was in the month of March. Coll. Had you ever seen me before Haynes Can you deny that Coll. I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government L. c. j. Were you an intimate acquaintance of his before March last Haynes No intimate acquaintance Coll. 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-Bar and he set 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 Coll. What man was that Haynes One Richard Ponre Coll. 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 Captain Browne and they gave us a Signal a blue Ribband to distinguish that we were Protestants from the Bishops men L. c. j. When were you to make use of it Haynes When the King was seized Mr. Ser. Jeff. 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 Says 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-Gerald 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 Coll. 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 Coll. 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 cold 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-Gerald Mr. Att. Gen. Is it to this matter Haynes No nothing at all L. c. j. Let him ask any questions what he will Coll. 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 Coll. Pray answer me Sir When was the first time I talked to you Haynes The first intimate acquaintance we had was when you put me upon the design about Fitz-Gerald Colledge Pray Sir you go too fast already as you are still gallopping where was this discourse about his Majesty Haynes I told you before Coll. What was it Haynes I went to you after the Affidavit was made and told you there was a Warrant out after me and desired you to go to That Noble-man and desire his advice what I might do or whether I might supersede the Warrant You told me you could do nothing without advice and you would go and advise with That Noble-man Colledge My Lord here is Mr. Turbervile
see Mr. Colledge do that was in the coffee-house not the same day but another time I saw him bring in a parcel of blue Ribband which was wrought and these words eight times wrought in it twice wrought in every quarter of a yard No Popery no Slavery I saw him â—â—â—l to a member of Parliament as I took him to be a yard of that Ribband for 2 s. and truly I was thinking he would ask me to but some too and I saw that Gentleman I took him to be a Parliament-man take this Ribband and tye it upon his Sword As to the other thing I have to say of Mr. Colledge that very day the Parliament was dissolved he had been in a quarrel as he told me with Fitz-Gerald and I was standing in the School-House yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Fitz-Gerald had spit in his face and said he I spit in his face again so we went to loggerheads together I think that was the word or Fisty-cuffs So said I Mr. Colledge your Nose bleeds he takes his Handkerchief out of his Pocket and wipes his Nose and said I have lost the first Blood in the Cause but it will not be long before more be lost L. c. j. Where was this Sir William Jennings In the School-house Yard at Oxon. I never discoursed with him afterwards till I met him in London in Fleet-street one Sunday in the afternoon and I remember Captain Crescett was along with me And when he came up to me How now said I honest Joyner Says he you call me honest Joyner some call me Rogue and Rascal and I have been beating some of them so that I believe they will be aware of it So I told Captain Crescett I never met this man but he was always in a Quarrel Colledge Was it on a Sunday that I told you I had been beating of somebody Sir Will. jenn. You told me so Captain Crescett was by Colledge I remember I met you but I did not tell you I had been then beating any one But pray Sir William when I met you after the Parliament was Dissolved and Fitz-Gerald and I had quarrell'd did I say That I had lost the first blood in the Cause but it would not be long e're more were lost Sir William you are a Gentleman as for the other men they don't care what they say nor do I so much regard them but you value your Word and Honour These were my words and pray will you recollect your self before you be positive in the thing whether I did not say I have lost the first blood for the Parliament for it was upon my vindicating of the Commons and Dr. Oates whom Fitz-Gerald had abused and upon that the Quarrel began so I said when you met me and told me my Nose bled I have lost the first blood for the Parliament I wish it may be the last Sir Will. jenn. Mr. Colledge If you please I will answer you as to that I do assure you 't is the first time that ever I came upon this occasion in my days and I have declared it before and do declare it now I would rather have served the King in three Engagements then come in against you or any man upon such an occasion But I declare to you upon the whole memory of the truth the words were as I spoke them at first and no Parliament named or mentioned And my Lord moreover I will tell you when I did tell this story because Mr. Crescett that is here is able to tell you whether I did not relate the words within half an hour or a little time after Now I never had a prejudice against you in my days nor other concern but having told Mr. Justice VVarcupp this story I am brought hither to testifie it Coll. Sir William I am sorry you did not better observe and remember my words then Sir VVill. jenn. I must needs say I could not imagine what the words meant when they were spoken nor do I understand them to this day but soon after they were spoken I related them to Justice VVarcupp he being a Justice of Peace Mr. Ser. Holloway Gentlemen we shall rest here and conclude our Evidence for the King at present to hear what the Prisoner says to it only with my Lords leave I shall explain the words to you that are in the Indictment and tell you what is meant by compassing and imagining the death of the King The seizing the person of the King is in Law a compassing and intending his death and so it hath been adjudged in several cases as in 1 Jacob my Lord Cobham and my Lord Grey's case and several other cases and so you may fully apprehend what the Charge is and may understand the words in the Indictment That if you are not satisfied with the general words of compassing the Kings death you may know that the seizing his person extends to it Mr. Ser. jeff. My Lord we have done with our Evidence now let him go on with his L. ch just Now Mr. Colledge you may say what you will for your defence and call your Witnesses that you have to produce Colledge My Lord I have heard this Evidence that is against me and I would desire your Lordship to resolve me some Questions upon it I think the Indictment is for Treasonable practices for a Conspiracy now I desire your Lordship will be pleased that I may know from you and the Court whether in all this Evidence given in proof against me a Conspiracy is proved or if any thing appears besides what they say I said L. c. j. For a conspiracy in you if the Witnesses speak truth there is a plain proof and of the degrees of it First of all by your publishing Libels and Pictures to make the King odious and contemptible in the eyes of the people and that you should be the Author of some of those Pictures and they were found in your custody Colledge I conceive that is not proved Lo. ch just If the Witnesses say true it is proved Colledge They do not produce that they do but say it Lo. ch just Mr. Dugdale swears that at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your custody Then that you prepared Arms that you shew'd Smith the Arms in your House and having those Arms you said you would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say if these Witnesses speak true 't is a strong Evidence against you both upon the
Statute of the 25 Edw. the 3d. 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 3d. so a seizing of the King and an endeavour 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. 3d. that was Treason but then the Statute of this King in the 13th year of his Reign is more strong for there it says If any man shall by any words or malicious speaking shew the imagination of his heart that he hath any such intention that is Treason too Coll. 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 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. just jones Yes providing Arms for your self and offering others Arms. Coll. 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 Witnessesdistinct to swear words at one and the same time Mr. just jones No no the Resolution of the Judges in my Lord Staffords case is contrary L. ch just 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 though 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 though 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 Coll. Mr. Dugdale did say that I spake such and such words in the Barbers 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 L. c. j. Mr. Colledge call any Witnesses you will Coll. 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. c. j. 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 L. ch just Any Act of Treason this is of the same kind And I 'le tell you that was resolved in Sir Henry Vanes 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 War 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 War in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a War 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 Lo. 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 though 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 they do not tell you of any thing done at Oxford but they tell you what you said in their hearing of what you had done in Oxon. and so I think if the Witnesses are to be believed there is a very full proof against you Mr. just Raymond I am of the same Opinion truly and I cannot find but that there is proof enough by two Witnesses Turbervile and Dugdale of what was done at Oxford They swear matter of Fact not Words only but Actions also Coll. No Fact but that I had Pistols and a Sword and that I should tell Mr. Turbervile I would provide him an Horse which is still but Words Mr. just Jones But you shall hear anon for the full conviction of you and all others the Statute of the 13th of this King read to you and you shall there see that such words are made Treason Coll. But I beseech your Lordship to tell me whether there must not
D. 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 and my Cap was a Velvet Cap and nothing else My Lord I had the Honour 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 Honour 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 Grey 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 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 bottom 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 George 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 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 attck'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 seized 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 who was to stand by me Parliament man or other persons whatsoever And how is it 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. c. 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 Coll. 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 17th or 18th 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 tht 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 priviledge to talk with their friends Here are VVitnesses I hope will prove that those are Suborned men for Macnamarra did tell me presently after the Parliament broke up at Oxon. and whispered it to me in the Coffee-House Said he there is a design laid to make us retract our Evidence and go over to Fitz-Gerald Said I I suppose they have been at that sport a great while Ah said he they make large offers Said I by whom Said he Colonel Warcupp hath been at me and he tells me Mr. just jones Macnamarra is not produced against you as a Witness at all Coll. No but he told me this that there was such a design and said he I will get you and some other honest men and he desired me to be by when he had something more to tell which would do his business for him but the next news I heard of him was he was put into Newgate Lo. ch just Call your Witnesses Mr. Colledge and prove what you can Coll. Call Mr. Hickman Mr. Att. Gen. My Lord I desire
he may observe the same rule he desired about our Witnesses that he may call but one at a time Colledge Yes yes I will call them one by one L. c. j. Are not your Witnesses together send to them Colledge My Lord I don't know I have not seen one since I come This is not the first time my Lord the Papists have designed to take away my life though it is the first time they go to take it away by a Law L. c. j. I know not of one Papist that is a Witness against you Colledge There is never a man of them except Sir William Jennings but what was a Papists Mr. Att. Gen. What say you to Mr. Masters Colledge Mr. Masters says nothing material it was only a jocose discourse Mr. Serj. jeff. It was very pleasant discourse upon my word you were as merry as when you were singing of the Rary Shew Mr. just jones What do you make mirth of the blackest Tragedy that ever was that horrid Rebellion and the Murther of the late King Colledge I never justified that Parliament in any such thing that they did contrary to Law Mr. just jones He swears it Mr. Att. Gen. Hickman does not appear call another Coll. Call William Shewin who appeared L. c. j. Look you here Friend you are not to be sworn but when you speak in a Court of Justice and in a course of Justice you must speak as in the presence of God and only speak what is true Coll. I would not have any body speak any thing for me but what is truth L. c. j. Now ask him what you will Colledge I don't know the Gentleman But pray Sir will you tell what you know of these Witnesses Mr. Shewin Name any of them that I know pray Sir and I 'll tell you Colledge Do you know Bryan Haynes Mr. Shewin I know there is such a man but I have nothing to say to him Colledge Do you know Turbervile Mr. Shewin Yes Colledge Pray tell what you know of him Mr. Shewin My Lord I was in Turbervile's company on Thursday night last at the Golden Posts at Charing-Cross and there I heard him say that if I were at Oxford I should hear strange things against Colledge and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmass and he would lead him by the Gold-chain along Fleetstreet and down with his Breeches in the middle of the Coffee-House with a Band about his neck and a Cloak Mr. Serj. jefferies Did he say all these things against Mr. Sheriff Bethel I assure you he is a bold man Coll. What do you know of Mr. Smith Mr. Shewin I know him by sight but I have nothing in particular to say concerning him I have something to say to Macnamarra Sir if he were here Colledge Do you know any thing of this conspiracy in general Mr. Jones What of your conspiracy Mr. Shewin I know that they did lay who should be Hang'd at Candlemass who at Christmass and who at several other times Lo. ch just What did you hear Turbervile say Mr. Shewin Those words I spake before about Sheriff Bethel and about the Amsterdam Coffee-House Colledge Did they say what time I should be Hang'd for the Discourse ' rose about me Mr. Shewin One told me that there was one that did design to be returned upon this Jury that was resolved to hang him right or wrong Mr. High Sher. My Lord I did hear there was such a one and I left him out of the Jury L. ch just For Mr. Sheriffs Honour we must take notice of what he hath said He says he heare of a man that spoke something of that nature and therefore he left him out of the Jury Coll. Now 't is possible these Witnesses were at the same sport Mr. Shewin Was Mr. Peacock Mrs. Fitz Harris Maids Father or she here either of them Witnesses against you Mr. Serj. Jeff. No they were not Sir Coll. They did swear against me at the finding of the Bill Mr. Ser. Jeff. We have only called these Witnesses if you can say any thing against them do Coll. Call Henry Hickman who appeared Mr. Serj. Holloway Where do you live Sir Mr. Hickman At Holborn-Bridge Mr. Att. Gen. What Trade are you Mr. Hickman A Cabinet-maker L. ch Just What do you ask him Coll. Do you know Haynes Hickman Yes very well because he used to come to my House to a Popish Widow that was a Lodger in my House where I live now and this person was a Prisoner at Haynes's when he was a Prisoner in the Fleet. I always had a suspicion he was a Priest not that I could accuse him really of any thing but he several times using to come to my House I thought so of him and discoursing with my Landlady Lo. ch just Your Tenant you mean Mr. Hickman Yes my Tenant I asked her what this Fellow was said she he is a very dangerous Fellow though he is a Papist and I am one my self yet he is a dangerous person and he does not much care what he swears against any one Mr. just jones This your Tenant told you what do you know your self Mr. Hickman Another time he came to speak with my Tenant Mrs. Scot who is now gone into Ireland when he came to the House he asked me is Mrs. Scot within Yes said I Mr. Haynes she is above and up he goes and there they locked the door and plucked out the Key so I slipt off my Shooes for I thought there might be more danger from such people than I could discover any other way So I went up stairs and stood at the door and hearkened hearing my Landlady talk something to him he wraps out a great Oath God dam me said he I care not what I swear nor who I swear against for 't is my Trade to get money by swearing Whereupon my Lord I came down as fast as I could and a little after I saw him go out and as soon as my Landlady 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-pluss because your Goods by the Law will be seized for not departing according to the Kings 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. Ser. Jeff. We must not permit this for example sake to tell what others said Lo. Ch. Just Nothing is Evidence but what you know of your own knowledge you must not tell what others said Hickman This I do say I heard him say and there are
Colledge Do you know Bryan Haynes pray Richards Yes he lodged there where I lived Colledge What do you know of him Richards I know he writ that in the Intelligence my Mistress spoke of Thompson 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 Thompson in his Intelligence of the 18th of June had maliciously accused one Bryan Haynes of Treasonable words there was no such thing L. c. j. And that was to vindicate him that he never did speak any Treasonable words Richards Yes L. c. j. Will you ask her any thing else Colledge I cannot tell what she says L. c. j. She says he writ something that was in answer to Thompsons 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 Intellgence that he challenged any one to appear and charge him with Treason but said he I own that I was employed or had an 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 Kings 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 Kings 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. Att. Gen. When was this Richards It was a week before he was taken Mr. Att. 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. c. j. What is your Christian Name Mrs. Wingfield Mary L. c. j. What do you ask her Colledge Do you know this Bryan Haynes pray Mrs. Wingfield Yes very well Colledge 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. Ser 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. c. j. What is your Name Sir Mr. Whaley John Whaley Coll. Did you know Bryan Haynes Mr. Att. 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. VVhaley 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 Kings 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 Masters 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. VVhaley I acquainted the next Justice of the Peace who was the Marshal and he put him from the Masters side into the common side L. c. j. 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 Kings Health then the Queens then the Duke of Yorks 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 raised upon the Parliament and said they were a Company of Rogues they would giue the King no mony but he would help him to mony 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 Colledge 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 Kings 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 Kings e're 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 Kings 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. c. 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. Ser. Jeff. I suppose you are both known and then your Credit will be left to the Jury Mr. Att. Gen. There is Mr. White pray swear him which was done Lo. 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. Lun 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 Kings 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. Ser. 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 M. Ser. 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 Colledge 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. Colledge Call Mr. Broadgate L. ch Just What is your Christian Name Sir Mr. Broadg. Jeremiah Lo. 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 vilified 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 Kings Evidence said he the Kings 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. Att. 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 Lo. 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. Ser. 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. c. j. He does not disown it nor never did disown it Coll. He would have made 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 Kings Evidence were vilified 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. c. j. 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. Ser. jeff. You might have staid at home for any thing material that you do Evidence Colledge Call Mr. Zeal who appeared L. ch just What is your Christian Name Sir Mr. Zeal John L. c. j. What would you ask him Mr. Ser. Holloway Where do you dwell Sir Mr. Zeal In London Mr. Ser. jeff. Whereabouts Mr. Zeal In Fetter-Lane Mr. Ser. Holl. What Countrey-man are you Sir Mr. Zeal Somersetshire Mr. Att. Gen. Whereabouts in Somersetshire were you born Mr. Zeal By Sir VVilliam Portmans within six miles of him Mr. Ser. Jeff. What Trade Sir Mr. Zeal No Trade Mr. Serj. Jeff. Have you any Estate Mr. Zeal My Father has I was bred to wait upon a person of Quality Colledge Do you know Turbervile Sir Mr. Zeal Yes Sir I do Coll. VVhat do you know of him Mr. Zeal Sir I know nothing but what Mr. Ivy told me with his own mouth L. c. j. Do you know any thing of your own knowledge Mr. Att. Gen. Has Mr. Turbervile told you any thing Mr. Zeal Not concerning Mr. Colledge he has not Coll. Ivy was amongst them Mr. Zeal Yes my Lord he was the first that swore this Presbyterian Plot. Coll. Can you say nothing of your own knowledge concerning Turbervile Mr. Zeal Nothing but what Mr. Ivy told me Mr. Ser. Jeff. That is not of your own
and the Doctor alighted out of his Coach and spoke to me and invited me to come to my old Friends for he told me they had some jeajousie that I was not true to them and he told me if I would come to the King's-Head Club I should be received with a great deal of kindness and never afterwards did I speak with the Doctor a tittle about any Evidence L. ch Just He says you said you would break any one's Head that said you were an Evidence against Colledge for you were not nor could be Mr. Turbervile There was no such thing said by me Mr. Att. Gen. Upon your Oath did you tell him so Mr. Turberv Upon my Oath I did not Mr. Serj. jeff. Did you tell him that other passage when you swore you would not starve Mr. Turbervile No I did not Dr. Oates Upon the word of a Priest what I say is true My Lord I do say as I am a Minister I speak it sincerely in the presence of God this Gentleman did say these words to me which made me afraid of the man and I went my ways and never spake with him afterwards nor durst I for I thought he that would swear and curse after that rate was not fit to be talked with L. c. j. 'T is very improbable that he should say so to you Mr. Turbervile I always looked upon Dr. Oates as a very ill man and never would converse much with him L. c. j. Will you ask him any thing more Coll. Do you know any thing of the rest Doctor Dr. Oates I know nothing of Turbervile further but that he did present this Petition wherein he says he lay under great temptations to go on the other side and accuse some Protestants And truly till I heard he was an Evidence at Oxon. after what he had said to me I did not believe it Mr. Att. Gen. Doctor Oates Mr. Turbervile hath not changed Sides you have he is still an Evidence for the King you are against him Dr. Oates Mr. Attorney I am a Witness for truth against falshood and subornation and it can plainly be made to appear there is subornation against the Protestants And moreover my Lord L. c. j. Mr. Oates you would do well to explain your self Mr. Serj. Jeff. If there be any subornation relating to Mr. Turbervile or any of the other Witnesses that have now sworn against Colledge make it out Doctor Dr. Oates There is my Lord and there will be made further to appear in time to come To my own knowledge as to Mr. Smith Mr. Colledge and Mr. Smith had some provoking words passed betwixt them at Richard's Coffee-House and Mr. Smith comes out and swears God dam him he would have Colledge 's blood So my Lord when I met him said I Mr. Smith you profess your self to be a Priest and have stood at the Altar and now you intend to take upon you the Ministry of the Church of England and these words do not become a Minister of the Gospel his reply was God dam the Gospel this is truth I speak it in the presence of God and man L. c. j. Can you say any thing of any of the other Witnesses Dr. Oates As for Mr. Dugdale I was ingaged for him for 50 l. for last Lent Assizes he wanted money to go down to the Assizes having paid some debts and paid away all his money and so I engaged for 50 l. that he borrowed of Richard the Coffee-man After he came from Oxon. I called upon him to hasten to get his money of the Lords in the Treasury which as near as I remember was ordered him upon his Petition for so I heard And at that time said he Sir I hear there is a great noise of my being an Evidence against whom said I against several Protestants my Lord Shaftsbury and others said I I never heard any thing of it says he there is no body hath any cause to make any such report of me for I call God to witness I know nothing against any Protestant in England After that I met with Dugdale at Richard's Coffee-house and pressing him for the money and he saying he had it not just then but would pay it in a little time Mr. Dugdale said I you have gone I am afraid against your conscience I am sure against what you have declared to me said he it was all long of Colonel Warcupp for I could get no money else Mr. Att. Gen. Mr. Oates is a thorough-pac'd Witness against all the King's Evidence Mr. Ser. Jeff. And yet Dr. Oates had been alone in some matters had it not been for some of these Witnesses Dr. Oates I had been alone perhaps and perhaps not but yet Mr. Serjeant I had always a better Reputation than to need theirs to strengthen it Mr. Ser. jeff. Does any man speak of your Reputation I know no body does meddle with it but you are so tender Colledge Sir George Now a man is upon his life I think you do not do well to affront his Witnesses Mr. Serj. jeff. I do not affront him but now my Lord pray give us leave to call our Witnesses Mr. Smith pray stand up L. c. j. Mr. Smith do you hear what Mr. Oates hath said Mr. Smith No my Lord. L. c. j. Then speak it again Mr. Oates Dr. Oates Yes my Lord I will speak it to his face He said coming out of Richard's Coffee-house they having had some provoking words as I understood when I come in God dam that Colledge I will have his blood and my Lord when I did reprove him and said to him Mr. Smith you have been a Priest and stood at the Altar and intend to be a Minister of the Church of England these words do not become a Minister of the Gospel and he replied God dam the Gospel and away he went L. ch just What say you to it Mr. Smith Mr. Smith Not one word of this is true upon my Oath 'T is a wonderful thing you should say this of me but I will sufficiently prove it against you that you have confounded the Gospel and denied the Divinity too Mr. Serj. jeff. Mr. Dugdale you heard what was said against you Dr. Oates My Lord now Dugdale is come I will tell you something more There was a Report given out by Mr. Dugdale's means that Mr. Dugdale was poysoned and in truth my Lord it was but the Pox. And this Sham passed throughout the Kingdom in our Intelligencies and this I will make appear by the Physician that cured him Mr. Ser. Jeff. That is but by a third Hand Dr. Oates He did confess that he had an old Clap and yet he gave out he was poysened but now my Lord as to what I said before of him I was engaged for 50 l. for Mr. Dugdale do you own that Mr. Dugdale I do own it Dr. Oates I did press upon you to hasten the payment of it Mr. Dugdale Yes you did Dr. Oates And did not you come
reflect upon my Evidence It seems Smith is mistaken in the time for he says it was at Christmass but Mr. Smith says it was some time before L. ch just 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-month Mr. just jones And can you tell so long ago not only your own actions but testify 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 of 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 Colledge 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 Traytor of me that was all that ever I had but if I had ten Horses and never so many Armours 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 Colledge 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. Oates 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 engagement was between Dr. Oates 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 twelve-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. Oates's Brother Mr. Samuel Oates My Lord thus you see Smith's testimony is false L. c. j. I do not see this contradicts his Oath for he speaks of several times that he did speak with you one was at Wilcox's which is this they speak of Coll. Mr. Smith says there was only that great discourse going on in the room and there was no such things as Cabals which he speaks of L. c. j. What do you say as to this Witness Coll. Do you know Narrative Smith Mr. Oates Yes Sir Coll. What do you know of him Were you at the Dinner which Mr. Wilcox gave your Brother Mr. Oates Yes yes I was at that Dinner Coll. Were you at the Coffee-House when I went along with your Brother Mr. Oates Yes we went with you Coll. Did Mr. Smith go with us Mr. Oates Yes Mr. Smith followed us Coll. Did you hear any Treasonable discourse between us Mr. Oates Not the least of a little word Coll. Did we go into Cabals two and two together there Mr. Oates There was nothing at all of cabals that I saw from the time of going to Dinner for we came just as Dinner was going into the room as I remember Mr. Ser. Jeff. What do you mean by cabals Mr. Oates That
is as I discern by Mr. Colledge as if there had been cabals amongst the company Mr. just jones That is going by couples Mr. Oates Yes yes Mr. Ser. jeff. What did they talk of Mr. Oates There was nothing at all spoken of Mr. Ser. jeff. What did they say nothing all the while Mr. Oates Nothing but matter of common discourse matters of eating and drinking and talking of Countrey affairs there were several that had Lands in the Countrey and they were talking of those things Mr. just jones Were you there all the while Mr. Oates Yes Mr. Ser. jeff. Heark you Sir were there no disputations in Divinity Mr. Oates Not at all Mr. Ser. jeff. Nor of Philosophy Mr. Oates No. Mr. Ser. jeff. Why pray Sir did not Dr. Oates and Mr. Savage talk very pleasantly of two great questions in Divinity the Being of God and the Immortality of the Soul Mr. Oates There was not a word of that but only of common discourse Mr. Ser. jeff. Are you sure there was no such thing Mr. Oates Not that I know of in the least I sat at Table with them Mr. Ser. jeff. Was it such a little room that you could hear all was said Mr. Oates There was room enough L. c. j. People cannot give a perfect account of all things that have passed so long ago Coll. I did not hear that discourse my self because I was asleep behind the Table and perhaps Mr. Oates cannot remember it Mr. Sol. Gen. Was it before Dinner or after Dinner that Colledge fell asleep behind the Table Mr. Oates He was not asleep to my remembrance all the while Mr. Ser. jeff. Recollect your self pray was Mr. Colledge asleep there Mr. Oates I do not remember he was L. c. j. 'T is impossible to give an account and therefore Witnesses in Negatives are of little value Coll. Did Mr. Smith and you and I go together Mr. Oates Mr. Smith followed us Lo. c. j. How do you know that Mr. Oates For you and I and my Brother went together You were a saying when we came out of the Coffee-House in a jocose way come Dr. I will go along with you and be one of your Guard You spoke it in a jesting way so you may if you please said my Brother And so he went by my Brother's side and I went by Mr. Colledge's side Colledge Do you remember how long ago that was Mr. Oates It was the last Summer but to say exactly what month I cannot Mr. S. Gen. Mr. Oates answer me this question pray Sir Mr. Oates Yes Sir Mr. S. Gen. From what place did you go Mr. Oates From Richards Coffee-House Mr. S. Gen. Who went along with Colledge M. Oates He came along with my Brother and me for he said to my Brother I will be one of your Guard Mr. S. Gen. Who went along with Mr. Smith Mr. Oates I don't know I took very little notice of things Mr. Serj. jeff. 'T is sufficient that he can tell who went with Colledge Mr. Oates I remember one thing Mr. Smith would fain have perswaded me into something that my Brother should talk but I heard nothing said I do not examine me upon such things for I took little notice of any thing but this I can say whereas he does charge Mr. Wilcox the Gentleman did not speak five words all the time he was there Mr. Ser. Jeff. He does not use to be so melancholy I assure you Mr. Oates I did wonder at it my self but he was not long with us for I do not think he was there a quarter of the time it seems he had a Son sick in the Countrey and he was going thither Colledge Have you any thing against Macnamarra L. c. j. He is no Witness here Coll. Do you know any thing against Mr. Dugdale Mr. Oates No not I. Colledge Then I can say no more to you L. ch just Call another Witness Coll. Call Mr. Bolron Lo. ch just What do you ask him Colledge Do you know John Smith Mr. Bolron Yes Colledge What say you against him Mr. Bolron May it please your Lordship the last 25th of July Mr. Smith and Mr. Mowbray and my self were travelling from York towards London We lay the 24th at and the 25th we were travelling towards London Mr. Smith did ask me if I did remember what Discourse there was betwixt Sir John Brooks and I at Ferry-bridge when we were coming up before to London I desired him to tell me what discourse and I would tell him if I did remember it or no. So my Lord he did say the Discourse was that Sir John Brooks did say there would be cutting of throats at Oxford and that the Parliament did go provided some with 8 some with 6 some with 4 men and they were to meet at Grantham and go together This discourse I did remember that Sir John Brooks said they went with Horse and Arms to secure them from High-way-men and Sir John Brooks did then further declare that the Discourse was there would be cutting of throats at Oxford which made them go with Arms to defend themselves Mr. Smith did further upon the 25 26 27 and 28th of July and it was our frequent discourse tell me that he had given His Majesty an account of it which occasioned the Dissolving of the Parliament That Discourse that was made to the King was that Sir John Brooks should say there would be cutting of throats at Oxford and that the Parliament-men went provided with 4 or 5 6 or 10 men apiece and he did tell me he had given a further account that there was a Consult aâ— Grantham wherein it was resolved that it was better to seize the King than to let him go on Now this I knew nothing of but he would have perswaded me to have given in this Evidence against Sir John 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 Shaftsbury 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 he 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. Serj. Jeff. 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. Serj. jeff. 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. Serj. Jeffer 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. Colledges 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. Serj. 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. Serj. Hollow 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. Ser. Jeff. 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. Ser. Jeff. Do you know that Gentleman Mr. Bolron Mr. Bolron I know him not Mr. Ser. jeff. 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. Ser. Jeff. What is the Gentlemans Name Mr. Serj. Holloway Mr. Charlett of Trinity Colledge Mr. Serj. Jeff. 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 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. Serj. jeff. Did this man shew it you Mr. Char. This very man it was the Pictures of the Tantivies and the Towzer and he told me they were made by Colledge he was a very ingenious man Mr. Bolron 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 shewen him Mr. Charlett It was something like this but I cannot say for any of the other Mr. Bolron The charcter 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. ch just Would you ask him any more questions Mr. Bolron 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. Bolron Yes I did hear him say to day he would be a Papist to morrow a 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 Fleet-street 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. Serj. 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 Coll. Mr. Mowbray pray Sir do you know Narrative Smith as he calls himself Mowbray Yes my Lord. Colledge What do you know of it 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. Bolrons 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 Two 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 with him upon which he applied himself to Mr. Bolron and importuned him for the same he asked me who I came up with I told him I came up with Three members of Parliament my Lord Fairfax Sir John Hewly and Mr. Stern he asked 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 Coll. An excellent pretence indeed and like the rest Mowbray He would have tempted me to swear against my Lord Shaftsbury the same And he said it would be
Colledge You may see there was an understanding between them then Mr. just jones Did they go accordingly Mrs. Bol. Now and then they have gone to him but they knew his business because they had discourse with him as they said upon the road and they would not go L. c. j. Would you ask her any thing else what do you know more Mrs. Bolron Nothing for I am not one that stirs much abroad Colledge Call Mr. Everard Lo. c. j. What do you ask him Colledge As for Mr. Everard I need not ask him whether he knows him for they know one another well enough But Mr. Everard that I would ask you is this what do you know of Mr. Smith and of this contrivance against me Mr. Everard Mr. Smith I have been to see of late and he told me he knew of no Presbyterian or Protestant Plot and when my Lord Howard was tried that is the Bill brought against him he said he wondred how my Lord Howard could be Guilty and that both himself and I were joyned as Evidence to that Jury only to put a gloss upon the Evidence for says he I have nothing material to say Coll. Mr. Everard Do you know any thing more concerning him what he hath said at other times concerning me Mr. Everard I have told you already what I have heard him say that he thought there was no Protestant or Presbyterian Plot that now of late within this little while Colledge Pray Sir was there not some discourse betwixt Justice Warcupp and you in Lincolns-Inn Walks Mr. Everard Is Justice Warcupp an Evidence here L. c. j. No no. Colledge 'T is all but Evidence of a Presbyterian Plot therefore pray Sir what was the discourse between Justice Warcupp and you what would he have had you done L. c. j. I think it is not material there is nothing of Mr. Warcupp in this Tryal Mr. Everard If the Court does allow of it I will freely tell it Coll. My Lord the Papists design is to make a Protestant Plot to turn off their own and they begin with me but if I should go they would not be satisfied with me they would be at others L. c. j. There is nothing concerning a Presbyterian or Protestant Plot in the case Colledge My Lord if there be no Presbyterian Protestant Plot and others to joyn in it how could I do it by my self 't is impossible I should have such a design of seizing the King and improbable I should speak it Now my Lord this man was sollicited to come in for an Evidence of such a Plot. Mr. Everard That is true L. c. j. I tell you it is not material Justice Warcupp is not concerned in your Tryal Mr. Everard Justice Warcupp would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Coll. The Papists aim is not at me only but at others Mr. Ser. jeff. We have nothing to do with what you and Justice Warcupp talked of for example sake my Lord let us have no discourses that concern third persons brought in here L. c. j. Would he have perswaded you to say any thing that was not true Mr. Everard He did not say positively those words but this he said I knew seveveral Lords Mr. just jones Now here is Mr. Justice Warcupp's same traduc'd behind his back in the face of the Countrey and it is nothing to this cause before us Coll. My Lord I desire to know what he knows of these things and that he may speak it out 't is a material thing for me and others Here is a design of the Papists to turn a Plot upon the Protestants they begin with me and if they have my blood who may feel the effect of it next I cannot tell Lo. ch Just Truly I think it not material to your case and indeed 't is of ill consequence to have any man traduced behind his back as Justice VVarcupp is Coll. My Lord Macnamarra told me that that man would have seduced him to have retracted his Evidence upon my Salvation 't is true L. c. j. We meddle not with Macnamarra neither he is no Evidence against you Coll. Macnamarra hath sworn against me at the Old-Baily and at the finding of this Bill but they have laid him by upon some trick or other I desire Mr. Everard may tell what he knows Mr. Everard I would not reflect upon any person nor will I answer it if the Court do not think fit Coll. My Lord this is foul play if I die my self for my Countrey sake I can do it freely and the will of God be done I would have the truth out for the sake of the Protestants Mr. Everard I am very willing to tell the truth if the Court think fit L. c. j. I see not that he says Mr. VVarcupp would have had him swear that which was not true Mr. Ever But this he said if the Court will allow me to speak it Justice VVarcupp said that certainly there was a Presbyterian Plot and such things and that some Lords some of the Protestant protesting Lords must be guilty of it and said he certainly you know much of it You know such and such things therefore you may safely swear it if I knew it so by argument he would first prove there was a Plot and combination amongst those Lords and then said he this you may safely swear Mr. just jones What is this to your purpose Mr. Colledge only Mr. Warcup's name is brought upon the stage when he is not here to vindicate himself L. c. j. Would you ask him any thing else Coll. If he does know any thing more of any of them I desire he would speak it Mr. Ev. Concerning Mr. Haynes he told me it was necessity that drove him to speak any thing against the Protestants and the hard Pay and the Gratitude he did receive from the Citizens Then Mr. Jones acquainted the Court that Mr. Warcup was just come in and desired to vindicate himself But the Kings other Counsel waved it saying there was no weight in it Lo. ch just Where did he tell you this Mr. Ev. In the fields near Grays-Inn Lo. ch just How long since Mr. Ev. About three weeks ago I asked him Mr. Haynes said I I would not draw you from your Testimony in any thing but how can this be congruous to what you have said formerly That you knew nothing by them The truth is said he I will not say much to excuse my self but my Wife was reduced to that necessity that she begg'd at Rouse's door and craved some Salary and Mr. Rouse would not give her any and said he meer necessity drove me to it Colledge He found better pay in another place Mr. Ev. And says he 't is Self-preservation in the next place for I was brought in guilty when I was taken up and therefore I was obliged to do some things to save my Life Coll. Pray my
you Coll. VVe 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. ch just How often have you seen him Mr. T. Norreys Very often and conversed much with him Collede 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 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 denied it before the King and Council for he there testified that he did not know the person that caused it to be Printed L. ch just 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 VVise denied it Lo. 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 Eliz. 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 Eliz. Hunt A matter of seven or eight weeks Coll. 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 Colledge's Servant were you not Eliz. 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 Coll. 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 Lo. ch just 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 err 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. Ser. jeff. Did you tell you Master soon after they were left there Eliz. Hunt No. Mr. Ser. jeff. Within what time did you tell him Eliz. Hunt I believe it was a week or a fortnight Mr. Att. Gen. Where was your Master all that time Eliz. 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 VVhat have you to say more Eliz. Hunt Concerning Mr. Dugdale if I may speak Lo. c. j. Ay go on Eliz. 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 if he can Dugdale As I hope for Salvation I did not say so Eliz. Hunt Upon my Salvation 't is true what I say Stephens This was the maid that hid her Masters papers when they were searched for Mr. Ser. Jeff. Be quiet art thou entring into dialogues with the maid now Coll. Mr. Stevens 't is well known what a man you are to propagate Witnesses My Lord she gave me an account of this in the Tower before I came away that Dugdale desired to speak with Mr. Smith and told her that nothing that he had to say would touch my life Eliz. Hunt As I am alive 't is true L. c. j. Mr. Dugdale denies it now Eliz. Hunt He is not a right man if he denies it for he told it me twice Colledge I told Mr. Smith of it when he had leave to come to me I told him what the maid said he had said to her and this was three weeks ago said he I will speak with him with all my heart if he has a mind to speak with me for he hath said that he hath nothing against her Master that can touch an hair of his head nor nothing that can touch his life that he knew nothing of a Plot or contrivance against the King and if I could help it I had as lieve have given a hundred pound I had never spoken what I have This he said to her L. c. j. You tell her what to say Eliz. Hunt Sir he does not tell me for Mr. Dugdale said those very things to me Coll. This is an account I had when I was a
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. jeff. 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. jeff. 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. jeff. Did you come for shavings there Mr. Atterbury Atterbury No I did not Mrs. Goodwin The Waterman did though first Coll. 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 Spurs 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 Mrs. Goodwin He carried none out of the House I carried them out of the House and delivered them to him Lo. c. just Then they were in the House Mrs. Goodwin They were in the Counting-House Coll. My Lord if they were in any other place I know not how they came there for this was done after I was a prisoner and Sewel says they were removed when I was a prisoner Where is George Spur Mr. Ser. jeff. 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. just 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 Subornor 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 upon their Oath Mr. Ser. Jeff. I think it needs not time hath been spent enough already Coll. No whispering good my Lord. Sir Geo. Jeff. Good Mr. Colledge you are not to tell me my duty here Mr. just jones It is not lawful for the Kings Counsel to confer together Coll. 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 our selves Coll. No I hope not of any thing that concerns my Trial. 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 knew 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. Just Is this man sworn Mr. Att. Gen. Yes Lo. c. just Now call Bolron to confront him Colledge He offered you an Horse as much as I offered Turbervile 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. ju 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 Coll. What are you Sir Mr. Bolron what is Mr. Shirland Mr. Bolron He is a man 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 Mr. 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 againce 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. Ser. jeff. 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 only innocence to pleade I have no Flourishes to set off my Desence 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 Design 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 it was a Design 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 concerned 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 I have lived so I am so 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 Protetestants 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 the 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 endeavered with all my heart and all my power to dedect 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 argument my Lord was so fair that I thought it unreasonable to see them starve And I have said sometimes to some honest considerable men that it was hard they should have this to say of us that they should want Bread to eat that were the Kings Evidence to detect a Popish Plot wherein we our selves were concerned and that when they had saved our blood in our veins they should be suffered to starve And one time I think some three or four Gentlemen of the City did give me 42 s. or 40 s. and 8 d. or thereabouts which I did distribute amongst them And they never came to me in my life but to seek relief they knowing that I had a general acquaintance And sometimes they thought it might be fit to petition the Common Council of London to take care of them Sometimes they would speak to particular men that care should be taken of them At other times indeed it was not this sort of discourse they had with me but they would pretend they had something to discover of the Popish Plot and so they would apply to me as a man of some acquaintance And the first time I saw Haynes was upon such an account the beginning of March last and it was thus I was at Richard's Coffee-House at Temple-Bar where Macnamarra did desire me to go out and I should hear such a piece of Roguery I never did hear in my life against my Lord Shaftsbury So I did go out with them and I called Captain Brown who is since dead to go with me and we went to the Hercules Pillars and Haynes there
by the King in his Proclamation Why says Ivy do you think there is no truth in it says I 't is not my judgment but my Lord Shaftsbury and Mr. Godfrey's judgment too He answered me again Fitz-Harris hath desired he may have a pardon granted for himself and a French-man and if so be there were nothing in it do you think he would move for a pardon Says I did Mr. Fitz-Harris move for Haynes's pardon How do I know that says Ivy again Fitz-Harris's Wife told me so Says I let me speak with Fitz-Harris's Wife let me hear her say so and I will believe you The next day he did bring her to me to my House and this was the time and the occasion that brought Fitz-Harris's VVife and Haynes and Ivy and Mr. Fitz-Harris's maid to my House and I never saw Fitz-Harris in my days till his Tryal nor had any communication with him But my Lord she did talk with Haynes and confirmed it to me that her Husband had desired a pardon for him why then said I he would do well to discover what he knows to my Lord Shaftsbury for I was with my Lord and he says he will meddle no more unless he will give it under his hand what he has to say And he did confess to me in my own yard for there we were together that he saw my Lord of Danby come into the Chappel at Sommerset-House when the body of Sir Edmundbury Godfrey lay under the Altar L. c. j. Here hath been nothing of this made appear by proof Coll. My lord I only tell you which way they introduced themselves into my acquaintance L. c. j. You may observe what you will upon the Evidence as we told you but you ramble from the matter you are to speak to And as we told Mr. Attorney that what he said should go for nothing unless he made it out by proof so must we say to you what you say goes for nothing further than you have proved it Now you have quitted the proof quite and not spoke to that but run into other stories I would have you keep your self to your proofs and make your observations upon them Coll. 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I err I tell you the truth of things thus it was L. c. j. Truth Why if yours or any mans word in your case should go for truth no man that stands at a Bar could be convicted for every man will say he is an honest man and all the plausible things in the world Make you your observations upon the proof that is proper for you to do and urge it as well as you can and to the best purpose you can but to tell us long stories of passages between you and others that are not a whit proved that is not usual nor pertinent Colledge I thought it had been to the point when this man pretends to have a familiarity with me to shew how his acquaintance begun Mr. just jones Why do you think 'tis an answer to him in what he proves upon his Oath Have you proved one jot of it not that I have heard 'T is your part to sum up the Evidence on your own side and to answer that which is proved upon you if you can Do that and we will hear you speak to it as long as you can But to tell stories to amuse the Jury with that are not proved and to run out into rambling discourses to no purpose that is not to be allowed nor never was in any Court of Justice Mr. Just Raymond Not one of your Witnesses have mentioned any thing that you say Mr. just Levins I wonder Mr. Colledge you should forget your self so much for you found fault with Mr. Attorney at the beginning for opening the Evidence and you were told and the Jury were told at your request that what he said and did not prove passed for nothing But I must tell you 't is much worse in your case for Mr. Attorney only opened what he might prove afterwards but your observations are upon what hath been proved already and yet you run out into stories of what hath not been proved at all after your proof is past Colledge Sir I could not prove this otherwise than by Ivy who hath been sworn against me Mr. just jones Would you have the Jury to believe you upon your word Coll. There is no more than his Oath against me and why my Oath being an Englishman and a Protestant should not be taken as well as his that is an Irish man and hath been a Papist I know not L. c. j. You go upon that ground that your word is to be taken as appears by your defence but I must tell you all the course of Justice were destroyed and no Justice against malefactors were to be had if the word of him that is accused should pass for proof to acquit him Colledge My Lord I have given your Lordship an account of these fellows conversations and what other proofs to make I know not for I knew not what they would swear against me and I had not witnesses in my pocket to confront them Mr. just Levins Well the Jury have heard it over and over again first upon your request that nothing is to be taken notice of that is not proved Coll. Pray my Lord then as to Haynes My Lord I do observe that there was a witness for me that did prove he owned he was one that was employed to make a Protestant Plot and another that did hear him swear dam him he would swear any thing against any body for money for it was his Trade Mr. just Levins Now you are right speak as much as you will as to your proofs Coll. My Lord I think Turbervile and Dugdale swear as to the tenth of March Oxon. I desire it may be proved I was in Oxford the tenth of March. Mr. just jones You your self came down the middle of March. L. c. j. I do not remember that they said the tenth of March. Coll. Did not the Indictment say so Mr. Att. Gen. It is only in the Indictment L. c. j. As to the time mentioned in the Indictment it is not material that is the constant rule in Tryals upon Indictments as if an Horse be laid to be stole the tenth if it be proved the Prisoner stole it another day it will be sufficient the time is not material the question is whether the Indictment be true in substance Mr. Colledge my Brothers will all tell you that the Law is so Mr. just Levins Though it is laid the tenth of March yet if it be proved the first or twentieth before or after it is all one So the thing be proved they are not bound to a day Coll. My Lord the punctilio's of Law I know not but it was the twenty fourth or twenty fifth e're I came down L. c. j. Well go on Sir Coll. Dugdale says I
meant by the word Rowley the King Mr. just jones He does so Coll. 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 Coll. 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 Evdence you had liberty to cross examine him L. c. j. Would you have him called up again to clear this Coll. Yes if you please Lo. c. j. Stand up Mr. Dugdale I understood by your 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. Dugd. 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 Dugdale At Richard's Coffee-House Mr. just Jones What was the answer he made you Dugdale He said it was the King Coll. Upon what occasion did I explain it to you Dugdale Upon the account of the Pictures Colledge I know not which of the Pictures has the name of Rowley in it Dugdale It was when we were talking of one of the Pictures you brought in Rowley and Mac was the Duke of York and Rowley was the King Coll. Upon what Picture was it that I took occasion to explain the name Rowley to you Dugdale I am not certain Coll. Remember you have an account to give as well as I. Dugd. You have so many Pictures that I can't remember them you have shewed me more than have been produced in Court Coll. Where had you that Picture from me that they call Raree-Shew Dugd. Truly I received of them twice at Richard's Coffee-House Coll. Twice do you say Dugd. 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 Dugd. 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 Coll. 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. Dugd. Do I charge you since the Parliament Coll. I never saw Raree-Shew before the Parliament at Oxord Dugd. I do not say it was that you gave me one of the others Coll. 'T is strange you will stick to nothing VVhen was it we were at the Green-Dragon-Tavern Dugd. We were there before the Parliament sat at Oxon it was since Christmass Coll. VVhat Picture was it I gave you there Dugd. 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 Pope's Toe for it was a Bishop with a patch on and that you told me was Bishop Mew Coll. I put it did I make it Dugd. 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 of Rowley Coll. 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 Richard's 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 just now to manage your Evidence in opposition to the other Evidence go on that way Coll. 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 has 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 Irishman 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 mans understanding to believe me to be soâ— mad or so weak Mr. just 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 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 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 Wainscoting 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 Coll. 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 Coll. 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 hare my blood 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 mans life if he affront me if 't is any man in England I value him not My Lord upon this occasion 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 blood and that was the occasion of his speaking that Blasphemy L. c. j. Dr. Oates did say so Mr. just Levins 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 Levins Pray keep to the business and do not run out Colledge Pray my Lord I have one thing to say about Smith He says I shewed him my Arms which I have had for any time almost these three 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 Coll. Did he swear they were all in my company at Oxon. Mr. just jones Yes Dugdale did Coll. 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 Coll. I never saw Lewes in my 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. c. j. 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 Coll. Does that become an Overt-act if I go to Oxon. upon an honest occasion any other occasion though I had said these words before L. c. j. If you came with that intent to joy 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 Coll. Smith says that about a week after Wilcox's Dinner I discoursed 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 Lo. c. just All was in London that Smith speaks of you Coll. 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 be two Witnesses in Law Coll. My Lord I observe one thing upon Turberviles 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 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. c. just 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 Lo. c. just He said both But the Jury have taken notes of the Evidence and will take notice of it Coll. 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 Kings 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. Coll. I dare appeal to Esquire 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 coud 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 Lo. c. j. You have not offered any Witness to impeach Mr. Masters credit Coll. Mr. Masters discourse He speaks of was in Mr. Charltons 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 Ereaty at Uxbridge 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 sate 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. c. j. But they were guilty of a Rebellion and are declared so by Act of Parliament since His Majesty came in Coll. My Lord I am unacquainted with the Law I speak only my own 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. c. j. And was that the true Interest of the Nation to cut off the Kings Head Coll. 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 says no upon his Oath that when he had said the Parliament begun the Rebellion and the Parliament did cut off the Kings 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. c. j. Those were his words Coll. Pray let him be called again Lo. c. just Let Mr. Masters stand up again Coll. 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 the war but the Papists Mr. Mast 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 then 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 Coll. 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. Mast Look you Mr. Colledge you would have had it the King began the War Coll. 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 did apprehend it to be as you now say but I am sure you did not nor could not Mr. Mast 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 Coll. Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the world Coll. Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charltons shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. jeff. Mr. Masters don't trouble your self your Reputation is not upon the level with that Gentlemans Coll. I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the Kings Head Coll. You did say to me they did cut off the Kings Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an Hand in it but Sir you have left out the most material part of our discourse which was that you said they did nothing but what they had just cause for Coll. I do say and it was my sense always that the Parliament did not cut off the Kings Head for they were long out of doors before that came to pass and a new unhappy War was begun L. c. j. The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued it after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your principles and the Jury have heard what Mr. Masters says Colledge I was then a child and do not know all the passages but I speak my sense L. c. j. You should not have justified such things Mr. ju jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. just Levins It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the Kings Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Ser. jeff. He did then he tells you Colledge Had I known of it I am sure Mr. Charleton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it if it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. just jones What just after the same manner in raising War and Rebellion against the King Coll. After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the rights of the people Now if it were so then the Parliament at Westminster were of the same opinion L. c. j. I tell you the long Parliaments levying War is declared Rebellion by Act of Parliament Coll. My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. jeff. You are a mighty learned Gentleman to talk of those points indeed Coll. My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. c. j. 'T is upon the Act of the 13th of this King you speak Colledge Yes my Lord I take it upon that Statute L. c. j. I tell you as to that part of the Statute which concerns Misdemeanors there is a particular clause for prosecution by order of King or Council but as to that part of the Statute that concerns Treason it must be prosecuted within six months and the Indictment within three months after Coll. VVhat Statute is this Indictment grounded upon Mr. just jones All Statutes that concern Treason L. c. j. Upon the Statute of the 25 of Edw. 3. which declares the Common-Law and the Statute of the 13. of this King which when you have done I will have read to the Jury Coll. Then pray my Lord let me ask you one question whether the Statute of the 25th of Edw. 3. does not say that there shall be two positive witnesses to Treason Mr. just jones No but there is another that does Coll. I am ignorant of the Law and therefore I ask the question L. c. j. Well I will tell you there must be two witnesses in the case but one witness to one fact at one time and another witness to another fact at another time will be sufficient Evidence to maintain an Indictment of Treason this was told you in the morning Mr. just jones And it was told you withal that it was the resolution of all the Judges in the case of my Lord Stafford when he was tryed in Parliament Coll. They proved fact in that case writing of Letters and offering money to kill the King but nothing of fact is proved against me but riding into the Countrey with Arms that I had three years before L. c. Just We will read the Statute of the 13th wherein words are declared to be Treason Coll. I pray it may be read if you please VVhich was done L. c. j. Look you here to compass or imagine the
imprisonment of the King and to express it by malicious 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. c. j. 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 Coll. VVhat lies before these Gentlemen of the Jury as done at Oxon. 't is but upon a single testimony Mr. just Levins 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 in 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 Coll. My Lord you say the King is not safe upon those terms and no private man is safe in the other way Mr. just Levins 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. c. j. 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 Coll. There is nothing of Fact proved against me but a pair of Pistols a Sword and an Horse Lo. c. j. 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 Judgment 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. Ser. jeff. 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 Irishmen and Papists Traytors 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 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 sense 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 1st the 2d nor the 10th time that they have been at this Game how many Shams have they endeavoured to raise Mr. Att. Gen. Who do you mean by they Colledge The Papists Mr. Att. Gen. There is nothing of Popery in the case they are all Protestants Mr. Just jones They are all persons that have lately receiv'd the Sacrament Colledge They were all Papists and I believe are so still for Mr. Dugdale did justifie to me the Church of Rome in several things And when I told him that they were all Knaves and Fools that were of that Religion he told me that many of their Priests were holy good men Mr. just jones Have you proved that Coll. I can't prove it it was betwixt him and me my Lord. Mr. just jones Then I hope you have done Coll. If I had sworn against him he had stood in my place L. c. j. Have you done Mr. Colledge Colledge My Lord I only desire the Jury to take all into their serious consideration I expect a storm of thunder from the learned Counsel to fall upon me who have liberty to speak and being learned in the Law understand these things better than I who must defend my self without counsel I know not whether it be the practice in any Nation but certainly 't is hard measure that I being illiterate and ignorant in the Law must stand here all day they being many and taking all advantages against me and I a single person and not able to use one means or other either of writing or speaking But Gentlemen I do declare and protest as I shall answer it at the day of judgment that as to what these people have sworn against me either as to words or as to any manner of Treason against the King the Government the Laws established I take God to witness I am as innocent as any person upon earth And therefore I must
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 The Alderman Wilcox was a man that gave money to buy Arms 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-Bar Coll. 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 Arms in his House and was ready upon all occasions and he shew'd Mr. Smith his Arms 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 Arms 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 justifie the greatest and horrid'st 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 Fathers Head was brought to the Block and for Mr. Colledges 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 4th 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 horrid'st 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 Fitzgerald 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 commotion which no man knows what end it would have had Gentlemen this hath been our proof Now the Objection made to this proof by Mr. Colledge is That this is a Popish design to raise a new Plot and cast it upon the Protestants and that these Witnesses are now to deny all the Evidence they have given of the Popish Plot and throw all upon the Protestants This is that he would persuade you to believe but which I think when you do consider a little of it it will be impossible for you in the least to have such a thought For what are the Evidence that have proved this who are they men of credit that have been Evidences against the Popish Plotters and against men that have suffered for that Plot men that still stand to the Evidence they have given and affirm it every word to be true and one of the very men that he brought says that they still stand to it for Turbervile who was one of the Witnesses against my Lord Stafford was tempted by some persons to deny the Evidence he had given against the Papists but his answer was no I can never depart from it I have a Soul to save that was true which I said I cannot deny it If then the Witnesses which he would have you believe to be guilty of denying the Popish Plot do confirm what they have said as to that discovery that objection is taken off and they do stand still to it that every part of it was true and aver the same thing and yet forsooth these men are going about to stifle this Plot. Gentlemen these are the men the whole nation have given credit to the Parliament having impeached my Lord Stafford upon the credit of them for it was upon the credit of Dugdale and Turbervile that they impeached him for there was not two witnesses till Turbervile came in and made a second and upon their
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 Coll. 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 againste me now contrary to what was sworn at London They swear now I was to seize the King at Oxford 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 Oxford but be it either one or t'other 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. c. j. 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 savoured 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 crying 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 Kingdom 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 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 manny 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 consequences of that was the murder of the best King in the world that you should go to justifie the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justifie 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 for 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 â—nto 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 gone to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might there 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 gone 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 Countrey 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 hapned 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 Countrey 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 Lo. ch just That will depend upon the King's 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 King's 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 King's pleasure for your body is to be at his dispose Then the Court adjourned And on Wednesday the 31. of August 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
Evidence that has been given against the Prisoner at the Bar when there has been so much time taken up unnecessarily when there was no occasion as I must needs say there was not for such a tedious Defence I leave it to you to determine But that which was truly intimated by the Court at the beginning of the Tryal must at the end of this Cause be repeated and indeed go through it all that we of the Kings Counsel and what the Prisoner has affirmed that has not been given in proof signifying nothing and is not to be any guide at all to you You are upon your Oaths and by the Oath you have taken you are bound in conscience to give a Verdict according to the Evidence that has been given to you and that is your guide so that what we opened and have not proved is no more to be believed than what the Prisoner has said for himself in his own Defence and whatsoever he says if he make not god proof of it is no more to be regarded than what we who are for the King have alledged and not made out So then this being in the first place premised I shall take care as near as I can to save time of the Court and not to trespass on your patience Gentlemen unnecessarily in a Case whereupon as great a concern does depend as perhaps ever came to Tryal at any Bar For I say 't is a Case wherein the Life and the Liberty of the King is concerned and that is the great concern of the Nation the Religion of the Nation is concerned I would be understood aright I mean the Protestant Religion established by Law for I know no other Religion men ought to sacrifice their Lives and Fortunes for but the Protestant Religion established by Law and when these things are concerned 't is a Case of great consequence God forbid any person Protestant or other should attempt the Life of the King and the Subversion of our Religion and by stiling themselves by the Name of Protestants should excuse themselves from any such crimes For the Evidence that has been given I shall not enumerate the particulars against the Prisoner at the Bar other than such as have been omitted if I mistake not by Mr. Sollicitor In the first place are the things that hapned at Oxon. for you have had it already sufficiently told you by my Lords the Judges who are upon the Bench and who under Mr. Colledges favour are the Prisoners Judges in point of Law as you are in point of Fact They have I say already told you what the Law is in relation to Treasons that in case the Treason be in two Counties if the Witnesses speak to the self same Treason tho' to different Facts that will be two Witnesses to prove High-Treason and that there has been such a Case the Prisoner at the Bar who he says is a Protestant for his own Souls sake I wish he were a good one must take notice that Gavan the great Priest who was tryed at Newgate and convicted by what Evidence by one of them that is a Witness now against the Prisoner at the Bar that is Dugdale his Treason was committed part in London part in the Country of which part Dugdale gave Evidence but being both to the self same purpose by the greater part of the Judges who were in the Commission and present at the Tryal they were reckoned a sufficient-Testimony to prove him guilty of High Treason And I hope we do not live to that age that any Protestant whatsoever should come to trip up the heels of the Popish Plot by saying that any of them who suffered for it did dye contrary to Law or without sufficient proof for if Mr. Dugdale was not a person fit to be believed or if the rest of the Judges who tryed Gavan were out in the Law then that man died wrongfully for he had as much right to have been tryed according to the Law as any other person whatsoever Therefore Gentlemen as to that matter we must submit it to my Lords the Judges who are to give you an account what the Law is in all its particulars before you but as to the Fact whereof you are Judges that is the great matter we shall apply our selves to and for that it stands thus Here is Dugdale that does give you an account what his design was in coming to Oxford how he came to be armed as an Index Gentleman of his mind And pray give me leave to put you in mind of one thing You have first a Libel produced and read to you a pretended Letter wherein there are Queries that have been taken notice of and which seem to back the Evidence given by Mr. Masters for there is a vindication in those Queries of the proceedings of that Parliament of 41. which he has confidence enough now at the Bar to justifie too But Gentlemen you were told by the Court and you know it that that Parliament was guilty of High Rebellion And even in those Queries 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-Harris was so justly condemned and executed for that most traiterous and infamous Libel in part of it has these Queries 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 no manage his employment at London for a Joyner is best seen in his proper place using the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too than 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 Counsellors about him and He and they know well enough how to do their own business and not to need the advice of a Joyner though 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 Raree-Shew and when Dugdale comes to enquire 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 account that when he told him his nose bled He answered 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 men should come and voluntarily tell Mr. Oates they were all forsworn are these men such great Coxcombs as he would have us to believe Is it so probable a thing that any men of common knowledge would do it Do you think a man of that knowledge and consideration as Smith is an allowed Scholar and a man of known Learning and Mr. Dugdale who has been reckoned by all men to be a good Evidence do you take these men to be such absolute Novices that they must seek an occasion to tell him they were bribed off and were forsworn If you can think this and if a bare affirmation against these positive Oaths can prevail Gentlemen upon your consciences be it In the next place 't is a strange sort of thing to believe that Mr. Smith should come out of a Coffee-House where a quarrel is pretended to have been between him and Colledge but Mr. Smith does upon his Oath say he never had any such quarrel with him and that he should fall a damning and sinking against Colledge and against the Gospel that there should be such impudence in the world in any man as to desire or wish such a thing Gentlemen these are strange sorts of apprehensions and men must have very strange thoughts that can strain themselves up to the belief of them In the next place here it is said by the Prisoner Good Lord what a condition we shall be in Here is a Plot put upon the Protestants I hope in God there is no Protestant Plot but I also hope the whole interest of the Protestant Religion is not involved in the Prisoner at the Bar and all will be destroyed if Mr. Colledge dies for his Treasons Gentlemen the question is not whether there be a Presbyterian or Protestant Plot we declare we know of none but whether the Prisoner at the Bar have spoken such words and done such things as are sworn against him And I would fain know what all the discourses we have had about Irish witnesses and