to speak it L. C. J. Be patient Mr. Colledge and let Mr. Attorney go on to open the Charge I will tell you and the Jury too that what he saies further then he makes good by Proof and Witnesses will serve for nothing Colledge 'T is hard the Counsel should plead against me and open things that he cannot prove L. C. J. I will do you all the Right Imaginable and therefore I do tell you again if they do not prove it all he saies is nothing Colledge But I beseech you my Lord since there hath been such extraordinary Means and Methods used to contrive my Death that the Witnesses may be examined apart and far from the Hearing one of another L. C. J. That we will take Care of by and by Mr. Att. Gen. Mr. Colledge This shews your Temper you are very inordinate in your way of expressing your self Colledge Mr. Attorney I should not Interrupt you if I were not afraid this was spoken to possess the Jury Mr. Att. Gen. I hope to prove what I have said or every word of it shall pass for nothing Colledge 'T is impossible for all the Men on Earth to prove it Mr. Att. Gen. Gentlemen these were the Particulars I was opening to you in what manner he was armed and how accoutred he came hither We shall likewise shew you that he made it his Business to perswade others to undertake the Design and joyn with him and as if open War were already Declared he gave out a Sign which was a blew Ribbon a wrought Ribbon with Letters in it and this was the mark and Sign they were to know one another by This was given out by him frequently and that it may not seem an extraordinary thing Gentlemen tho indeed it was a wild attempt yet you will cease to wonder when you have heard of the Exploit of Venner who with a few men raised such a Commotion soon after the Kings coming in and the several Exploits that have of late in Scotland been carried on by a few discontented Persons So that men of the like Principles as we shall give you an Account of this Gentlemans Principles what they were may well be thought to ingage in such an Extraordinary Exploit And we shall prove what the incouragment was he was to have for he boasted of himself that he should be in a little time a Collonel Colledge What Sir Mr. Att. Gen. A Collonel a great preferment for a Joyner Colledge Yes it was so Mr. Att. Gen. We shall shew to you that this was not a sudden unpre-meditated thing for we shall prove that he had entertained the horridest Malice against the King that ever Subject entertained against his Soveraign For we shall give this Evidence and his Front will not oppose it that he had made it his common Discourse in Coffee-Houses and publick Houses and I believe I could bring you 40 and 40 Witnesses to it to defame the King and murder him in his Reputation and was one of the Complices with Fitz Harris who lately was Executed for that venemous Libel We shall prove that he justified it and maintained it to be as true as the Gospel We shall give Evidence that he carried on the same Design with that Arch-Traytor who was a Papist and I believe if this Gentleman were Examined throughly he would be found to be one of the same Stamp and acted by the same Principle for I think that no Protestant Subject would attempt such things as we shall prove to you I believe Gentlemen you have frequently heard as none of us but have that the King hath been traduced as a designer of Arbitrary Government and his Reputation blasted Maliciously and falsly as an introducer of Popery Whence comes all this generally but out of the Popish Quiver who make it their business to set the Kings good Subjects at variance amongst themselves and against their Prince by Styling the King a Papist as this Person hath done nay he hath been so impudent as to report that the King was in the Plot against his own Life We shall prove to you how here and at other places he hath frequently done this to go further we shall produce to you the Evidence that he drew the Kings Picture and exposed him in all the reproachful Characters imaginable and that the Picture might be the better understood he adds a Ballad to it And that he may not have the Confidence to say this is not true we shall produce to you a whole Bundle of these Papers among those which his Son made a Discovery of when they were sent to his Uncle to be hid and we shall prove him to be the Author of them and yet that this man should have the Confidence to say he is a good Subject and a good Protestant when by all ways imaginable he goes about to ruin the Government and defame the King And Gentlemen when we have given you this Account by Witnesses for I would have you believe me in nothing but according as I prove it you will not wonder then that he should say his Life is in danger for so it is indeed And if any man ever was Guilty of High-Treason sure he is and being Guilty of the greatest Treason he deserves the severest Punishment Colledge Pray Gentlemen of the Jury take Mr. Attorney General at his word and remember Sir you desire not to be believed your self but what you prove Mr. Serj. Holloway May it please your Lordship and Gentlemen Pursuant to what Mr. Attorney hath opened we will call our Witnesses and we will begin with Mr. Dugdale who was a Witness against my Lord Stafford at his Tryal in Parliament whose Credit Mr. Colledge did attest at that Tryal asserting him to be an honest good man and I believe his Evidence will go in a great measure through all that Mr. Attorney hath opened and when we have done with him we hope to second him with other Witnesses of as good Credit and that will say as much to the Purpose Then Mr. Dugdale was Sworn Mr. Att. Gen. Mr. Dugdale look upon the prisoner and tell the Court whether you know him Mr. Dugdale Yes I do know him Sir Mr. Att. Gen. Will you give us an Account of your knowledge of him Colledge My Lord I humbly desire they may be Examined apart and not in the hearing one of another Mr. Att. Gen. That with Submission ought not to be in the Kings Case tho we think there are none of them that will speak any more then the Truth Colledge Here are several of them my Lord they are all of a Gang. Mr. Serj. Jefferies Not of your Gang Mr. Colledge Colledge I Pray they may go out my Lord which was ordered accordingly Mr. Dugdale If your Lordships please whether or no I may deliver in these Papers Mr. Att. Gen. By and by time enough when we ask for them speak your own knowledge Mr. Dugdale My Lord I have been I think acquainted with Mr.
to conceal it Said he I will not only discover this but a great deal more of their Rogeries that I know very well Said I to him again I will not conceal it nor do you no wrong for if this be true my Lord of Shaftsbury shall know it to night for where there is a design to take away a Peer of the Realm I will not conceal it but if it be false and you have said more then comes to your share Recant it again and we will take no notice of it only say you are a Knave for speaking of it he Swore Dam him it was all true that and a great deal more which he said he knew about Seizing and Destroying the Parliament at Oxon about an Army in the North that was to be Raised about the time of the Sitting of the Parliament at Oxon of a French Army that was to Land in Ireland at the same time that the Duke of York was to be at the Head of them and the intention was to destroy all the Protestants Upon this I was Resolved if I lived to come along with the Parliament and if there was any such Design I was Resolved to Live and Die with them but I had no more then Common Arms a Sword and a Case of Pistols my Cap was a Velvet Cap and nothing else My Lord I had the Honor to be sent for when the Parliament Sat last at Westminster the Sessions in October it was an Honourable occasion and I thank those worthy Gentlemen that sent me for the Honor of it there I begun to be popular as to my Name for from that time they began to call me the Protestant Joyner because the Parliament had intrusted me My Lord Crey was pleased to send his Footman for me to the Crown Tavern behind the Exchange where there were several worthy Lords Peers of the Realm and One Hundred of the Commons that had Dined there that Day it was the Day before they Sat after they had Dined I came to them and the Duke of Monmouth told me They had heard a good Report of me that I was an honest man that understood Building and they did Confide in me to search under the Parliament House they did not really know of any Design but they would not be secure there might be some Tricks play'd them by the Papists tho' we are not afraid of them said the Duke yet we think fit to employ you to search under the Houses and thereabouts whether you can find any such Practices So accordingly my Lord I did go my Lord Lovelace was one of the Honourable Lords and my Lord Herbert that went with me and some of the Gentlemen of the House of Commons and those worthy Protestant Lords were pleased to thank me for my Service and did believe I was Active and Zealous to find out and discover the bottome of the Popish Plot so far as it came legally in my way to do it My Lord upon this occasion there was a great kindness from them to me and I had upon all occasions Testimonies of it and this very man who now Swears Treasons against me which God Almighty knows is all false did Swear in his Affidavit before Sir George Treby the Recorder of London I did never see the Affidavit indeed I was over night at Sir Treby's but he was not then at leisure but he drew it up next day and Swore it that there was a Design to destroy the Parliament at Oxon and there was not only his Oath for it but it was the general belief that some Evil was intended them All men had cause to fear and to suspect the Papists did bear them no great good Will and making use of their own Observations they were generally Armed with a Pistol or a Sword for themselves in case they should be Attack'd by the Papists In order to this I did come down with my Lord Howard my Lord of Clare my Lord of Huntington and my Lord Pagett those four worthy Protestant Lords and it was two days after the Parliament was sat that we came and I went out of Town again with my Lord Lovelace Sir Thomas Player and Sir Robert Clayton and I am sure they were all in so great a Fear that London should be surprized and seized on by the Papists but there was no mortal man that ever heard of the Kings being seised or thought of it till these men come and tell me that I had such a Design and came hither with that purpose but my Lord I declare as God is my Judge I would not have it thought I speak it to save my Life were it as certainly a Truth as 't is most wickedly a Falshood that I had had a design to seize the King I know not of one man upon the Face of the Earth that was to stand by me Parliament man or other persons whatsoever And how it is possible for me to attempt that being a single Person with only a Sword and a Case of Pistols let any man judge And I do declare I know of no Conspiracy nor Design against the King or Government I never spoke one of the Treasonable Words in my Life that is laid against me nor had ever any Thoughts of any such thing God that is my Eternal Judge knows that what I speak is true L. Ch. Just. Well Mr. Colledge will you call your Witnesses for I must tell the Jury as I did at your request concerning Mr. Attorney that as nothing he said so nothing you say is to be believed upon your own Allegation for then no man would ever be guilty if his own Purgation by words were to be believed Colledge My Lord I thank God I know my own Innocency and hope to prove it I have a Soul that must live to Eternity either in Joy or Misery I act according to those principles and I hope I have some assurance of my own salvation when I dye I would not call God to Witness to a Lye to save 1000 lives My Lord this is a villanous Conspiracy against me and if it take place against me it may go a great way God knows how far This is the 17 th or 18 th Sham Plot the Papists have made against the Protestants to get over their own but I hope my Lord God Almighty will never suffer it If they can make me a Traytor they will try it upon others and so hope to sham off their own Treasons but I say I hope God Almighty will never suffer it My Lord I think the first Witness that swore against me was Mr. Dugdale and I must call my Witnesses as I have them here I know no person of them hardly and this that is done for my defence was done abroad My Lord I have been kept close Prisoner in the Tower and none of them suffered to come to me whilst the Popish Lords have had the Liberty and Priviledg to talk with their friends Here are Witnesses I hope
Brooks as to this Discourse But I declare I did never hear it and Mr. Smith was the first man that ever I heard it from I never heard it before in my Life Colledge Would he have had you been an Evidence and swore it Mr. Bolron Yes he said he had given an Account of it to the King and if I did manage it rightly against my Lord Shaftesbury and Colledge he would make me for ever those two Persons were mentioned all along But I do declare it I did never hear them speak Treason against the King in my Life And he did further tell me that I must say so and so for if we did not agree it would signifie nothing But my Lord I know nothing of the matter I never heard any one speak of it but Mr. Smith My Lord this is true Mr. Mowbray was the man that was by when it was Discoursed Mr. Just Jones He would have had you sworn it would he Mr. Bolron I discovered it to my Lord Mayor Mr. Att. Gen. When did you discover it Mr. Bolron Soon after I came to Town Mr. Att. Gen. When was it Mr. Bolron Some time last week Mr. Att. Gen. Was it on Saturday last Mr. Bolron It was the beginning of the week Mr. Serg. Jefferies Thou art such a Discoverer Mr. Bolron My Lord 't is very true what I say If I had known any such thing I would have discovered it Mr. Serg. Jefferies Thou wouldest have discovered it before that time of my Conscience Colledge My Lord he hath been an Evidence against the Papists as well as Mr. Smith and therefore pray Sir George don't make your flourishes upon him Mr. Serg. Jefferies He was an Evidence but he had the misfortune never to be believed Mr. Att. Gen. Do you know any thing of any Pictures of Mr. Colledge's making Have you seen Raree Shew Mr. Bolron Never in my Life Mr. Att. Gen. Did you not shew it in Oxford Mr. Bolron No never in my Life Mr. Serg. Holloway Did you never declare to any Gentleman of Oxford that Colledge made this Picture Mr. Bolron I have seen the Character of a Popish Successor but I never saw Raree Shew Mr. Serg. Holloway Here is the very Gentleman my Lord that will make Oath of it Mr. Bolron He was supposed to make them I did not know that he did Mr. Serg. Jefferies I do only desire one thing I do not say that you ever had Raree Shew but did you ever tell any body that Colledge made any of these Pictures Mr. Bolron I have heard of such a Paper but I did never see it in my life Mr. Serg. Jefferies Do you know that Gentleman Mr. Bolron Mr. Bolron I know him not Mr. Serg. Jefferies I would ask you whether you ever had any Discourse with that Gentleman Mr. Bolron Never in my life Then the Gentleman was sworn being a Master of Arts. Mr. Serg. Jefferies What is the Gentlemans Name Mr. Serg. Holloway Mr. Charlett of Trinity Colledge Mr. Serg. Jefferies Pray Sir do you know that Person there Mr. Charlett My Lord in the new Coffee-House that was by the Schools that was set up in the Parliament-time there was a Gentleman that is in the Court I think one Mr. Dashwood and one Mr. Box were there together to drink a Dish of Coffee and hearing that some of the Evidence were there we desired their Company up and that Gentleman was one and among other Discourse they were speaking of some Pictures and they shewed us the Picture of the Tantivies Mr. S. Jeff. Did this man shew it you Mr. Char. This very man It was the Pictures of the Tantivies and the Towzer he told me they were made by Colledge he was a very ingenious man Mr. Bolr. I know nothing of it the Character of a Popish Successor I have seen but never the other I never shewed him any such thing Then the Pictures were shewn him Mr. Char. It was something like this but I cannot say for any of the other Mr. Bolr. The Character of a Popish Successor I say I have seen and Colledge himself hath told me he made the Character of a Popish Successor I do not deny that I have seen that L. C. J. Would you ask him any more Questions Mr. Bolr. My Lord I have something more to say concerning Mr. Brian Hains In January February and April last several times I was in his Company and I heard him say he knew nothing of a Popish Plot nor of a Presbyterian Plot neither but if he were to be an Evidence he did not care what he swore but would swear and say any thing to get money Mr. Just Jones Did he tell you so Mr. Bolr. Yes I did hear him say To day he would be a Papist to morrow a Presbyterian he did not care for Religion he would never die for Religion he would be of that Religion that had the strongest party My Lord he told me so at my own house in Fleetstreet Colledge He would say any thing for money pray my Lord take notice of that for so I find he does Mr. Bolron Then there is Dennis Macnamarra and John Macnamarra Mr. Ser. Jeff. We have nothing to say to them Colledge They have been Evidences against me though you do not now produce them they are all in a string but they are not now brought because my Witnesses are prepared to answer them L. C. J. Will you call your next Witness Colledge Mr. Mowbray Pray Sir do you know Narrative Smith as he calls himself Mr. Mowbray Yes my Lord. Colledge What do you know of it Mr. Mowbray I came up from York with him when I returned after I was commanded down upon the Kings account to give in Evidence against Sir Miles Stapleton he came to me the third of August and called at my house in Yorkshire and was very importunate for me to come up to London with him for he said he had a Letter come to him which commanded his presence at London very suddenly and he produced that Letter which he said came from a Gentleman of the Court or some Court dependent so he read the Letter in Mr. Balron's hearing We set forward on Sunday and upon our journey to London he told me he had something of importance to impart to me so upon the road he began to discourse of the Parliament and of the illegal proceedings and Arbitrary power of the 2 last Parliaments he said their proceedings were very Illegal and Arbitrary and he began to open some of the Votes as that which they voted that those that should lend the King money upon the Crown lands should be enemies to the King and Kingdom and those that Counselled the King to dissolve the Parliament and he repeated many Votes and said he these are signs of Arbitrary power and certainly they design to take off the King so he proceeded further to ask me what was the discourse of Sir John Brooks when we came up
some fears as if there would be an Insurrection amongst them said he Let the Papist Rogues begin when they will I am ready to defend my self for one This is all I know Colledge Pray Sir how long ago was this Dr. Tongue died before Christmas at my house Mr. Symonds I cannot tell exactly when it was but during the Session of Parliament I am sure it was and as I take it in November the latter end Colledge So then pray my Lord see that these Arms they charge me withal were provided before Christmas L. C. J. But there is nothing that contradicts Dugdale's Testimony in all this Colledge It does sufficiently contradict him L. C. J. I do not see that this does at all contradict what he hath said but do you observe what you will upon it when you come to make your Defence Stranger A Gentleman below desires you to call Mr. Yates Colledge Pray Sir what do you know concerning Dugdale Mr. Yates I know that Mr. Dugdale sent for me to a Coffee-house to bespeak a Pistol for you and told me that when I had made the Pistol I should deliver it to Mr. Colledge and Mr. Dugdale promised to pay for it when I had done it Now some time after I did some small matter for Mr. Dugdale cleaned his Pistols or some small business and Mr. Dugdale asked me if I would drink a pint of wine which I agreed to and being at the Tavern Mr. Dugdale asked me if Mr. Colledges Pistol were done I told him no it was not as yet So I asked Mr. Dugdale because he had promised to give Mr. Colledge a Pistol what obligation there was betwixt Colledge and him that he should give him a Pistol to which he answered that Mr. Colledge had been serviceable to him in lending him a pair of Pistols to ride withal sometimes So he gave him a Pistol to satisfie him for the wearing of his Pistols now and then I thought said I Mr. Colledge did impose upon your good nature too much not but that I believe Mr. Colledge is a very honest man and stands up for the good of the King and the Government Yes said Mr. Dugdale I believe he does and I know nothing to the contrary Mr. Att. Gen. When was this Mr. Yates A little after the Parliament sat at Oxford for I never knew Mr. Colledge before Mr. Dugdale set me a work for him Colledge Mr. Yates pray was there nothing in the Coffee-house about one that he asked to go with him when he said he knew nothing against me Mr. Yates I heard one say Mr. Serj. Jefferies You must speak your own knowledge you must not tell a tale of a Tub of what you heard one say Mr. Yates I heard it affirmed Mr. Serj. Jefferies But by whom Mr. Yates By a person in the Coffee-house Mr. Serj. Jefferies Who was that person Mr. Yates By one of the Servants of the House L. C. J. That is no Evidence at all if you know any thing of your own knowledge speak it Mr. Serj. Jefferies Is he here Mr. Yates No I think not Mr. Just Jones How long do you think must we sit here to hear other peoples stories L. C. J. If you know any thing of your own knowledge I say speak it Mr. Att. Gen. Pray let me ask you that question again When was this that he said he believed he was an honest man Mr. Yates It was about three weeks after the Parliament sat at Oxford Colledge Then he does me wrong now for if I were an honest man then it cannot be true that he says of me L. C. J. Who do you call next Colledge Pray my Lord who hath been Sworn against me L. C. J. There is Stephen Dugdale John Smith Bryan Haynes Edward Turbervile Sir William Jennings and Mr. Masters Colledge Call Mr. Clayton My Lord at his House it was I lay in Oxford and that Dugdale says I spake some of the Treasonable words pray Sir do you know what time I came to Oxford Mr. Clayton I remember it very well it was at the time the Parliament sat at Oxford about two or three days after it began Colledge Pray what Arms did I bring to your house Sir Mr. Clayton As to the matter of Arms there was no other but a Sword and a pair of Pistols a pair of Pistols in his Holsters and his Sword by his side Mr. Att. Gen. Was there no Silk Armor Mr. Clayton I saw none if it please you such a thing might be Colledge My Lord I continued at his house from my coming in to my going out and that was till after the Parliament was Dissolved and I came after they were sat but heark you Mr. Clayton Mr. Dugdale says he was with me at your house did you ever see him there Mr. Clayton I remember I have seen Dugdale at my house but never in your company Colledge Did you sell any Mum Mr. Clayton No I never did sell any in my life Colledge Because he says we had Mum there Mr. Clayton I never saw him there with you nor changed any word with him as I know of L. C. J. Was he never in the Company of Colledge at your house Mr. Clayton Not that I saw Mr. J. Jones You don't know all the Companies that come into your house Colledge My Lord I am told there are some that came from the Town where I was born that know me and have known me for twenty four or twenty five years together if you think that material for me to prove whether I am a Protestant or no. L. C. J. If you will make out that you may But 't is your Loyalty that is in question If you will produce any that can make it appear that you use to honour the King in your discourse or so that is something Colledge If I am a Protestant then the design is plain these men Swear to make a Protestant Plot and turn the Plot off the Papists Mr. Serj. Jefferies What Church do you frequent in London to hear Divine Service Colledge I have received the Sacrament several times Sir George Mr. Serj. Jefferies When were you last at the publick Church Colledge I hope I may be a Protestant if I have not gone thither but however I do use to go to Church L. C. J. Well call whom you will Colledge Is Thomas Deacon there Mr. Deacon Yes Colledge He lives my Lord in the Parish where I was born If you please Mr. Deacon to give my Lord an account what you know of me from my Childhood Mr. Deacon I have known Mr. Colledge ever since he was a youth he was born in the Town where I live L. C. J. Where is that Mr. Deacon At Watford a Town in Hertfordshire There he lived till he was a man and Married a Neighbours Daughter of mine and lived there while he had two Children I never knew but that he was a very honest man frequented and kept to the Church of England all
Witnesses say true it is proved Colledge They do not produce that they do but say it L. Chief Justice Mr. Dugdale Swears That at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your Custody Then that you prepared Armes that you shew'd Smith the Arms in your House and having those Arms you said You would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I Observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say If these Witnesses speak true 't is a strong Evidence against you both upon the Statute of the 25 Edw. the 3 d. and that of this King too For my Brother Holloway told you true That whereas the Imagining the Death of the King is High Treason by the 25 of Edw. the 3 d. so a Seizing of the King and an endeavor to do that is a constructive Intention of the Death of the King for Kings are never Prisoners but in order to their Death And therefore it hath been held in all times that by the Statute of Edw. 3 d. that was Treason but then the Statute of this King in the 13 Year of his Reign is more strong for there it says If any man shall by any words or malitious speaking shew the Imagination of his Heart that he hath any such Intention that is Treason too Colledge My Lord the Foundation of this Indictment is said to be laid here in Oxford as I suppose pray my Lord here is only Mr. Dugdale and Turbervile that Swear against me for what I should say in Oxon all the rest speak to things said and done at London Now my Lord I desire to know whether they have proved any Treasonable Practices Conspiracy or Design in me against the Government I would feign know that whether there be matter here to ground an Indictment upon for the one says in one place the other in the other which may be distinct matters and none of them Swear Facts against me but only Words Mr. Justice Jones Yes providing Arms for your self and offering others Arms. Colledge That I shall make this Answer to I had only a Case of Pistols and a Sword which every Footman and Horseman had that came from London I think But further my Lord I would ask your Lordship whether there ought not to be two Witnesses distinct to Swear words at one and the same time Mr. Justice Jones No No the Resolution of the Judges in my Lord Stafford's Case is contrary L. Chief Justice Look you It hath been often Resolved That if there be one Witness that proves one Fact which is an Evidence of Treason and another proves another Fact that is an Evidence of the same Treason tho' they be but single Witnesses to several Facts yet they are two Witnesses to an Indictment of Treason that hath been often publickly Resolved particularly in the Case of my Lord Stafford mentioned by my Brother And I 'le tell you my Opinion further If there be one Witness that proves here what you said at Oxford and another that proves what was said in London if they be in order to the same Treason it is sufficient for if you do Conspire to commit such a Treason in London and you come with such an Imagination in your Heart to Oxford to compleat this Treason tho' your design was not first formed there I think 't is enough to maintain an Indictment of Treason and they are two good Witnesses tho' but one speak to what was done at Oxford but I must tell you in your Case there are two full Witnesses to that which was done at Oxford besides Sir William Jennings Colledge That which Sir William Jennings speaks of I told you before what it was I said It was the first Blood that was shed for the Parliament Mr. Just Jones The Parliament was Dissolved before that which Sir William Jennings speaks of therefore you could not say it was to defend the Parliament Colledge Mr. Dugdale did say that I spake such and such words in the Barber's Shop in the Angel Inne there I was indeed at the time that he does speak of and the Barber was by I do think indeed it were convenient to have him here but I knew not where he would charge me or what it was he would charge me with because I never said any thing in my Life that was like Treason Lord Ch. Just Mr. Colledge call any Witnesses you will Colledge But my Lord pray let me ask you one Question more You take these words distinct from any matter of fact don't you L. Ch. Just. No complicated with the Fact which was the Overt-Act the coming to Oxon. with Pistols to make one if there had been any disturbance and to Seize the King Colledge Then my Lord I would ask you Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which I am now Indicted and which was given in Evidence before the Grand Jury upon which the Tryal was there grounded Lord Ch. Just. Any Act of Treason that is of the same kind And I 'le tell you That was Resolved in Sir Vane's Case those that gave you that Paper understand it But I speak now to your Capacity and to satisfie your Question He was Indicted for Levying Warr against the King he Conspired in Westminster the War was Levyed in another County the Conspiracy upon the Tryal was proved in the County of Middlesex and the Warr in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a Warr really Levyed but God be thanked here is only bare words Mr. Just Jones Yes Actions too Colledge What Actions my Lord Mr. Just Jones Arming your self and coming to Oxford Lord Ch. Just Well I have told you my Opinion My Brothers will speak theirs if they think otherwise Mr. Just Jones That is not your Case neither tho I am of the same Opinion with my Lord for here are two Witnesses have proved plain matter of Fact at Oxford the providing Arms your self and encouraging others to take Arms Colledge They name no Persons Mr. Just Jones You will have my Opinion and yet you will give me no leave to speak I had patience to hear you You are told there are two Witnesses Turbervile and Dugdale that prove your providing and having of Arms at Oxon. and perswading others to take Arms particularly Turbervile He told you he had no Arms or but a Case of Pistols and he had no Horse but you told him you would provide him an Horse And then there are two other Witnesses Smith and Bryan Haynes
to 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. Serj. 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 Poysoned but now my Lord as to what I said before of him I was ingaged for 50 li. 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 to me and tell me there was a noise of your being an Evidence it was in time just before my Lord Shaftsbury was taken up Mr. Dugdale I never spoke to you till you spake to me Dr. Oates My Lord he came and said to me there is a noise of my being an Evidence now I had not heard it then but the day after I did hear it and I did justifie Mr. Dugdale because he had said to me that he had nothing against any Protestant in England So I did stand up in Vindication of him but my Lord after he had sworn at the old Baily I met him again and pressed him for the money and urged him with it why he had sworn against Colledge when he had told me so and so before and he said it was all long of Colonel Warcup for he could not get his money else and Colonel Warcup did promise he should have a place at the Custom-house Mr. Dugd. Upon the Oath I have taken and as I hope for salvation it is not true Mr. Serj. Jeff. Here is Dugdale's Oath against Dr. Oates's saying Dr. Oates Mr. Serjeant you shall hear of this in another place Mr. Attorn Gen. 'T is an unhappy thing that Dr. Oates should come in against these men that supported his Evidence before Mr. Dugd. My Lord I say further if any Doctor will come forth and say he cured me of a Clap or any such thing I will stand Guilty of all that is imputed to me L. Ch. Just Mr. Colledge will you call any other Witnesses Coll. My Lord I think this is not fair dealing with a man for his Life because these men be upon their Oaths and deny the things again that my Witnesses prove therefore what they swear must needs be taken for truth but if my Witness comes and says such a thing upon the word of a Minister and in the presence of God and which he is ready to maintain by an Oath sure it is not to stand for nothing nor he to be hooted out of Court because Mr. Dugdale denies it upon his Oath I do suppose he will not acknowledge it But my Lord I am the Prisoner and cannot be heard as a Witness for my self but God is my Witness he hath said a great deal more to me formerly and he hath told me when I have seen him with Warcup and asked him why I kept Company with Warcup and others said he I know they are suspected men but I must keep Company with them to get my money what would you have me do starve And when I lent him money out of my Pocket and trusted him with my Horse I dun'd him for money and could not get it said I will you pay me the 5 li. I lent you he put me off said he I shall have it for the Attorney General hath made up his Accompts and is very kind to me why then said I why have you it not said he he is my Friend and I do not question the getting of it but here is new work to be done such work as my Conscience will not serve me to do there is more Roguery they will never have done Plotting and Counterplotting but they will make a thousand Plots if they can to destroy the real one L. Ch. Just Can you prove this now Coll. No it was spoken to my self and no body was by but my self L. Ch. Just Then you should not speak it But you asked the question whether a man may not be believed upon his word as well as he that is upon his Oath Your Witnesses are not upon their Oaths but they may be Witnesses and their weight is to be left with the Jury they will consider how improbable it is that these men should come Three men to One man and all of them should speak that which would make themselves Rogues and Villains and that one man of them Smith should say such vile words as God damn him he would have his blood and God damn the Gospel that Dugdale should confess he was wrought upon by Warcup to testifie against his Conscience and that Turbervile should say to that purpose He would not starve they have sworn the contrary and so there are all these Three mens Oaths against One mans Affirmation but it must be left to the Jury Colledge There is his Affirmation against what they three say He charges every one of them and 't is but the single denial of every one of them to his Charge L. C. J. 'T is improbable they should own themselves such Villains to him Dr. Oats They must be so if they will do what they have undertaken I hope my Word will be believed as soon as their Oaths Colledge It is not to be thought but when they have Sworn so against me they will deny any such thing when they are charged with it L. C. J. Have you done with your Witnesses Or will you call any more Colledge What is said upon an honest mans word in the face of a Court is certainly to be believed as well as what is Sworn L. C. J. 'T is a Testimony that is most certain and must be left to the Jury they must weigh one against the other But pray Mr. Colledge will you call your Witnesses for it begins to grow late Colledge There is Mr. Wilmore that was a material Witness for me who was Foreman of the Grand Jury that would not find the Bill upon this Evidence What he had to say I don't know but I am informed it was very material for me L. C. J. It will be enough for him to clear himself for he is charged with High Treason and by two Witnesses too Colledge Call Alexander Blake L. C. J. What do you ask him Colledge Do you know John Smith Mr. Blake Yes Sir Colledge Pray will you tell the Court what you know of John Smith Mr.
Blake I suppose you mean this Gentleman Mr. John Smith Gent. came to me one morning and told me there was one Haynes under Examination and this Haynes had Discovered very material things against some Great Persons This passed and within few days after I met Mr. Smith at the Exchange Coffee-House and having saluted him I desired him to drink a glass of Wine and so we went to the Sun Tavern and when we were there I asked him what his sence was of Haynes and his Discovery Said he 't is a Sham Plot I asked him what he meant by that Sham Plot Said he 't is a meal-tub Plot. This is all that I know L. C. J. Would you ask him any thing else Mr. Blake I know nothing more Colledge Do you know any thing of Turbervill or Dugdale Mr. Blake Sir I have no Acquaintance with him nor desire it But I was Acquainted with this Gent. Mr. Smith I know him very well Mr. Serg. Jefferies You say well stand down Colledge Call Mr. Samuel Smith L. C. J. What ask you him Colledge What he knows of Mr. Smith Mr. S. Smith Mr. John Smith and I have had an Intimacy and Acquaintance several moneths and since Mr. John Smith swore at the Old Baily against Mr. Colledge and was gone out of Town several People have talked with me concerning him and asking me what I thought of him I told them I believed he was an honest man however I would not believe otherwise till I knew a Reason of it They told me that he had sworn against Mr. Colledge that he was to seize the King at the Parliament at Oxford and that there was 1500 Barrels of Powder and it was to carry on a Presbyterian Plot Said I I will never believe it and the rather because he hath said to me often there was a Popish Plot but he does not believe any Presbyterian or Protestant Plot and said I further as to his giving any Evidence with Irish-men I believe it the less for that for I have heard him often say they were a company of Rogues that had done the Protestant Interest more harm than ever they could do it good and bid me have a care of coming into their Company and many other such things that Mr. Smith here knows to be true Then my Lord when Mr. Smith came home for I was very impatient till he did come home to hear every day such things said against him I went to him to see him Said I Cousin Smith I have had great confronts about you since you went away but I hope you can't be that ill man you are represented to be and truly I should be sorry it should be so Pray Cousin said I I have put every man off with this that I would suspend my belief of you till I had spoken with you your self what is the Evidence you have given They say you have sworn a Presbyterian Plot or a Protestant Plot a Design of seizing the King at Oxon and of so many Barrels of Gun-powder that were provided Says my Cousin I did swear no such thing nor never a word of any such thing as a Protestant Plot or a Presbyterian Plot and pray do not believe it of me No said I I thought you could not swear any such thing because you have said often to me you believed there was no such thing I do not believe it yet said he and as to whatsoever Colledge said I did not believe it for he did not believe it himself And Mr. Smith told me after his return that he did not know of any Protestant concerned in the Plot. L. C. J. He does not say now 't is a Protestant Plot. Mr. S. Smith So far from that that he told me after his Return he did not know any Protestant concerned in the Plot. L. C. J. Mr. Smith Thus I understand you You say that he said to you That he had not testified anything of a Protestant Plot nor did believe there was any Protestant Plot for he did not believe what Colledge said himself So by that discourse it seems he did not deny but he had testified against Mr Colledge but he did not believe there was any Protestant Plot Mr. S. Smith No my Lord he did not deny but he had sworn against Colledge Mr. Just Jones Nor that what he had said against Colledge was true Mr. S. S. No my Lord but he did not believe him and he thought Colledge did not believe it himself Mr. S. Jeff. It seems Mr. Colledge thinks the whole Protestant Interest concerned in him L. C. J. The Question is Mr. Colledge what you had in your mind not what was in the mind of all the Protestants Mr. S. S. This I do say I would not speak more nor less than the truth he did not deny but he had heard Colledge speak those words he swore but he did not believe him and I think Mr. Smith hath said that at another time before Mr. Gardner Colledge If he knew of no Protestant Plot it was very unlikely that I should attempt such a thing my self Mr. S. S. My Lord I find Mr. Smith hath been very passionate and very inveterate of late against other men that he hath given me a very good report of before And when I was talking of this I was saying If it be true that people say of you a man goes in danger of his life to converse with you Mr. Smith said he I do not care for all the men between Wapping and Charing-cross there is never a man that will forbear my company but would do or say as much as Colledge hath done or said Mr. J. Smith 'T is true and I say so still Colledge 'T is a contradiction in it self That there should be such a design and none but my self to do it God my righteous Judges knows my innocency Mr. Just Jones You might say those words in hopes they would be of your party and made so by your Libels and poysonous Pictures L. C. J. Come call another Witness Colledge Call Mr. Tho. Gardner But my Lord how likely is it that I should say That I would seize the King when he it seems says he did not believe there was one man to stand by me L. C. J. What say you to this Gentleman Colledge I never saw him in my life Mr. Gardner Nor I you Sir Colledge I know not three of all that come here L. C. J. Well will you ask him any thing Colledge Pray do you know Mr. Smith Mr. Gardner Yes Colledge What do you know of him Can you say any thing concerning this matter that is sworn against me of Treason Mr. Gardner My Lord this day fortnight I think it was Mr. S. Smith the Gent. that was just now up before me sent for me to the Rummer in Queen-street to drink a Glass of Wine where when I came I found him and Mr. J. Smith that is here whom they call Narrative Smith talking very briskly concerning
he was to have been a Witness against Sir Miles Stapleton and he pretended that he was Suborned by Sir Miles or some of his friends Colledge What are you Sir Mr. Bolron what is Mr. Shirland Mr. Bolron He is a man that lives by his Shifts He hath been whip'd in Bridewel Colledge Do you know him Sir What is he Mr. Bolron Even an idle man Shirland You once when you saw me drew your Sword on me because I would not do as you would have me Mr. Bolron I profess my Lord 't is not so Att. Gen. Here is Mr. Smith hear what he says against Mr. Bolron Mr. Smith As we were coming up along he was speaking to me of Colledge and told me he had as much to say against him as any body and if I would speak for him he would evidence against Sir John Brookes for a discourse at Ferry-bridge Mr. Bolron I never did hear any such thing Mr. Smith No man in your own Country will believe you Colledge They believed you no more it seems neither L. C. J. Do you call any more Witnesses Gentlemen Mr. Serj. Jefferies No I think we need not L. C. J. Look you Mr. Colledge as I understand it the Kings Counsel will produce no more Witnesses You may make what Observations you will upon the Evidence to the Court and then must them make what Observations they will to the Court and then we will give the Charge to the Jury Colledge My Lord I have onely Innocence to plead I have no Flourishes to set off my defence I cannot take the Jury nor the Court with an Oratory I am unhappy in those things But my Lord I do declare as to my own particular in the presence of God Almighty That as to whatsoever is sworn against me as to the seizing his Majesty providing Arms or having any designe either at Oxford or London or any other place in the world to seize upon the person of the King or to rebel against the Government established I vow to God Almighty I never had such a thought in me 't is a truth my Lord. My Lord they have sworn desperately against me and it hath appeared I think by very credible persons that they have contradicted one another It hath been proved that this was a designe that they were tampered withal that they complained they were in poverty that they wanted maintenance and they did confess they were tempted to come over to swear against Protestants and now the Lord knows they have closed with it and they begin with me I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn and that it is not possible if I had a grain of sence for me to discover my self to be such an one to Haynes that was an Irish-man and should speak all the Treason that he hath galloped through at first sight that as soon as ever I saw him that I should speak so to him I hope you will consider whether it consists with common Reason when there could be no probability of making any use of him in the world My Lord all my Witnesses that I have brought your Lordship can and I hope will sum them up better than I can for I declare it I have been so concern'd that I have not been able to write half of it down But I think there is never a man that hath sworn against me but hath been sufficiently confuted by persons of integrity and honesty men of Principles and men of Religion they are such my Lord that make Conscience of what they say they are persons altogether unknown to me most of them as to what they had to say it was what they offered voluntarily and I am certain they have had nothing but their bare Charges if they had that for their pains in coming hither and my Lord there is no probability that they should come and attest any thing that is false for me who am a stranger for nothing No man is a Knave for nothing as I believe these men are not My Lord I do declare it I was bred a Protestant and have lived so I am so to this very day I have been a lover of the Church of England and of all the fundamental points of Doctrine believed in it I own the same God the same Saviour the same Gospel and the same Faith I never had a prejudice against any man in the Church in my life but such as have made it their business to promote the interest of the Papists and such I must beg leave to say there are amongst them for there is no Society in the world without some bad men and these do promote the interest of the Papists by dividing the Protestants and allowing none to be true Protestants but those that are within the Church of England established by Law which is a Notion so wide I could never close with that I never had a prejudice against any man but a Knave in my life I have heard I confess some of the Dissenters and I have found very honest just pious godly men among them men free from Oaths and all Debauchery men that make a Conscience of what they say not like some persons that say they are of the Church of England that carry themselves in their lives and actions so as that no credit can be gained to the Church by them My Lord I have been an hearty man against the Papists I have been an hearty man as any person of my condition for Parliaments which I look upon to be my Birth-right and under God Almighty the Bulwark of our Liberty and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament for I always thought I served my Country when I served the Parliament and I served my King when I served my Country I never made any difference between them because I thought them both one I had the honour to be entrusted by them before and upon that account I came voluntarily down hither I rid my own Horse I spent my own Money and eat my own Bread I was not beholding to any man for the value of six pence all the while I was here My Lord I have ever since the Plot hath been discovered endeavoured with all my heart and all my power to detect and come at the very bottom of it I have spared for no time nor pains what lay fairly in my way in every thing to encourage those that discovered the Villanies of the Popish Plot against the life of the King and for the subversion of the Religion and Government established by Law Now certainly it is not strange to the world for I think all Christendom is aware how plain the Popish Plot hath been proved These men that swear against me were they that used to follow me sometimes they would say It was they that had come to save our lives and yet we let them want Bread That
to contradict what they have said to prove that this was done for Money and that there hath been Confessions from every man of them that they were hired to do it that they did it for a Livelyhood and one of them said It was a good Trade dam him he would do any thing for Money And I hope then you will consider the improbability that I should speak to an Irish man who I had never seen before in my life and that I should at the first dash utter all that Treason that he gives in Evidence I think it cannot consist with any man's understanding to believe me so mad or so weak Mr. Justice Levinz That is as to Haynes only Colledge As to Smith now I suppose it does not come within the reach of the Statute for the Dinner that was made by Alderman Wilcox was made before last July was twelve-month all the Witnesses do say it was before Christmas and Dr. Oates says it was in the Summer I know it by a very good observation because I went to Astrop Waters after that and I saw Sir Creswell Levinz at the Wells Now Sir you were there before this time twelvemonth So then whatever he says I said to him there I cannot be charged withal by the Statute more or less if I had never a Witness against him but I have Witnesses that have contradicted him sufficiently that he is forsworn in that and if so he is not to be believed in any thing else for he says he and I went to the Coffee-house together and we discoursed such and such things which is not above half a Bows shoot and he made it I say a quarter of a miles discourse if I had had all the talk the discourse could not be so long tho' he had said never a word So you see what a kind of Witness he is And Dr. Oates's Brother did say That I did go along with Dr. Oates and offered to be one of his Guard and I did say so and went along with them but Mr. Smith he came after And as to what he says he is sufficiently confuted that is about the going into Cabals after Dinner for it is proved That I fell asleep behind the Table and Dr. Oates was discoursing with Mr. Savage upon points of Divinity but I took no notice of it neither did I see Smith any more but he went away and so did the rest of the Company But my Lord when Haynes was taken Smith comes to me that day to my House at the Ditch-side and sends in a man for me his man I was writing in my Parlour and drawing the Design for Wainscotting Alhallows Church a Platform for it his man told me His Master would speak with me and Haynes was taken that morning But as I understand since it was by agreement and his own consent tho' he hath pretended otherwise You hear says he Haynes is taken Yes says I I do he hath been ever since 9 a Clock before the Secretary upon Examination and he was till 5 a Clock at night examining said he I believe he confesses a great deal said I Of what said he Of some design of the Protestants said I What against the Government I do not know what they may affright him into he is a great Rogue if it be true all that he hath said of himself He says He was concerned in the Fire of London and knew of a Design to destroy the Protestants then of a Rebellion that was to be in Ireland of Plunket's being made Primate and a great many of those things So that if he speaks truth he hath been a great Rogue and as he hath pretended also he was a great Coward So then I believe he may say any thing to excuse himself says Mr. Smith I wish you are safe This was the very night before I was taken Mr. Just Jones Have you proved any thing of this Colledge My Lord Pray give me leave to tell you what is proof Mr. Just Jones You are not to repeat this unless you prove it Sir Colledge He spake cautiously to me as if he would have intimated to me he would have had me run away Said he I believe you are not safe I would have you take care of your self for you were concerned with him Now my Lord if I had been a guilty person I had time enough to get away and to prove this I can only say this was betwixt him and I. But my Lord you hear Dr. Oates says that this very Smith did swear he would have my Bloud and that was upon this occasion of my vindicating Sampson whom he had struck and abused and I asked Why he did it Said he I value no man's Life if he affront me if 't is any man in England I value him not My Lord upon this occasision the words rise between us and when he came out of doors and was going away Dr. Oates said He swore he would have my Bloud and that was the occasion of his speaking that Blasphemy Lord Ch. Just Dr. Oates did say so Mr. Just Levinz Well you are right now if you will go on in that way Colledge My Lord This is for Smith and Haynes that Haynes should say it was a good trade and dam him he would swear any thing for money and that Smith should swear dam him he would have my blood I cannot sum up the rest of them for I have not them here Mr. Just Jones There is Turbervile and Dugdale and Smith we will help you as to the persons Mr. Just Levinz Pray keep to the business and do not run out Colledge Pray my Lord I have one thing to say about Smith he sayes I shewd him my Arms which I have had for any time almost these 3 years ever since the Plot brake out I have been Armed ready to oppose the Papists and I did my duty in the City in person in the Trained bands but Smith says these Arms were to destroy the Kings Guards but he does not prove that I was Confederate with any other person but instead of that there were other persons that say with his own mouth that he did not believe there was any Protestant Plot nay he did believe I said it only in wantonness This is all then how probable was it that I my self should seize the King or destroy his Guards Mr. Just Jones You remember Captain Brown Captain Chuton and Don Lewes Mr. Colledge Colledge Did he swear they were all in my company at Oxon Mr. Just Jones Yes Dugdale did Colledge My Lord Captain Brown and Lewes were friends to my Lord Howard with whom and other Company I came down to Oxon and they lay with me at the Chequer and they were in my Company because they were Guests in the House and we came along together but he does not say they were either of them Armed more than my self nor was he ever in company with us how then does he know we were in a