Upon which Colledge told me the King and all his Family were Papists and there was no good to be expected from him Then I replyed the King would perhaps surprize the Parliament or use some stratagem to bring them to his terms Said Mr. Colledge again I would he would begin but if he do not we will secure him till he comes to those terms we would have from him for here are several brave Fellows and many more are coming down that will joyn with it Mr. Att. Gen. Did he name any one Turberv No indeed he did not he himself had a case of Pistols a Sword and I believe he might have his Armour on Coll. Did I discourse who were to joyn with me Turberv No Mr. Colledge you did not name any body to me but Captain Browne was with you Mr. Att. Gen. Were you examined in my Lord Staffords Tryal Turberv Yes I was Mr. Att. Gen. Was this Gentleman sworn to your Reputation there Turberv No not to mine Coll. Pray how come we to talk of such things what occasion was there that I should talk Treason of the King to you was there any body besides us two there Turberv No Capt. Browne was gone to sleep and Lewes was gone out Mr. Att. Gen. It was not at dinner that you talked so Mr. Colledge he says Coll. Had they been at dinner with us there Turberv Yes and we had a Legg of boyled mutton to dinner Coll. Did you stay after dinner Turberv Yes and I lay with you afterwards upon the bed Coll. I thought you had said Capt. Browne went to sleep there Turberv Yes but he was gone too when we laid down together Coll. God forgive you I can say no more I never spoke one word of any such discourse in my life Mr. Att. Gen. Will you ask him any more Questions Coll. Mr. Turbervile when did you give in this Information against me Turbervile I gave it to the Grand Jury Colledge Not before Turbervile Yes I did Colledge When was it Turbervile Truly I can't well tell I believe it was a day or two before I came to Oxon. Coll. Why did you make it then and not before Turbervile I 'll tell you the occasion Mr. Dugdale told me the Grand Jury of London would not find the Bill I did admire at it extremely for I thought every one that conversed with him might be an Evidence against him he was always so very lavish against the King and the Government So then Colonel Warcupp came to me and took my Depositions and then I came for Oxford Colledge VVhat was the reason you did not discover this Treason before Turbervile There was no reason for it it was not necessary Coll. You were not agreed then Turbervile There was no agreement in the case there needs nothing of that I think but I am not obliged to give you an account of it Colledge God forgive you Mr. Turbervile Turberv And you too Mr. Colledge Mr. Att. Gen. Then call Sir VVilliam Jennings Mr. Serj. jeff. Mr. Attorney if you please till he comes I will acquaint my Lord here is a Gentleman that hath not yet been taken notice of one Mr. Masters that is pretty well known to Mr. Colledge now he is a man he must acknowledge of an undoubted Reputation and I desire he may give your Lordship and the Jury an account what he knows of the Prisoner because he is so curious for English-men we have brought him an English-man of a very good repute Colledge My Lord I am charged with Treason in this Indictment here are a great many things made use of that serve only to amuse the Jury I can conjecture nothing else they are brought for I desire to know whether the Pictures produced are part of the Treason Lo. ch just Stay till the Evidence is given and we will hear what you can say at large when you come to summ up your Defence Mr. Ser. jeff. Pray my Lord will you be pleased to hear this Gentleman He will tell you what discourse he hath had with the Prisoner at the Bar. Then Mr. Masters was Sworn Mr. Masters Mr. Colledge and I have been acquainted for a great many years and we have often discoursed I have told him of his being so violent as he hath been several times But a little before the Parliament at Oxon. about Christmass last after the Parliament at VVestminster at Mr. Charlton's Shop the Woollen-Draper in Paul's Church-yard we were discoursing together about the Government and he was justifying of the late long Parliaments Actions in 40 and he said That Parliament was as good a Parliament as ever was chosen in the Nation Said I I wonder how you have the impudence to justify their Proceedings that raised the Rebellion against the King and cut off his Head Said he they did nothing but what they had just cause for and the Parliament that sate last at VVestminster was of their opinion and so you would have seen it Mr. Ser. jeff. What did he say of the Parliament since Mr. Masters He said the Parliament that sate last at VVestminster was of the same opinion that that Parliament was Mr. Ser. Jeff. Pray afterwards what discourse had you about his Colonelship Mr. Masters We were talking at Guild-Hall that day the Common-Council was the 13th of May as near as I remember so I came to him How now Colonel Colledge said I what do you make this bustle for You mistook me and said Cousin how long have you and I been Cousins nay prithee said I 't is not yet come to that to own Kindred between us I only called you Colonel in jest Marry mock not said he I may be one in a little time Mr. Serj. jeff. Have you any thing to ask Mr. Masters you know he is your old acquaintance you know him well Then Sir William Jennings was Sworn Mr. jones What is it that you know concerning Mr. Colledge at Oxford Sir Sir VVilliam Jennings My Lord the first time that I heard any thing of Mr. Colledge was there was some company looking upon a Picture for I knew him not nor never had any word of discourse with him in my life any more then seeing him in a publick Coffee-House But there was a Picture looking on by 7 or 8 or 10 people I believe more or less and I coming and crowding in my Head amongst the rest looked upon this Picture After the crowd was over Mr. Colledge takes a Picture out of his Pocket and said he I will give you one of them if you will So he gives me a Picture which Picture if I could see I could tell what it was it was written Mac a top and there were several Figures in it Then the Picture was shewed him This is one of the same that I had of him and I had not had it long in my custody but meeting with Justice VVarcupp I shewed it him who bid me give it him and so I did The next thing I did
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 Mr. 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 Coll. 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. Ser. jeff. You must speak your own knowledge you must not tell a tale of a Tub of what you heard one say Yates I heard it affirmed Mr. Ser jeff. But by whom Yates By a person in the Coffee-House Ser. jeff. Who was that person 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 Ser. jeff. Is he here Yates No I think not Mr. ju jones How long do you think we must 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 Yates It was about three weeks after the Parliament sat at Oxford Coll. 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 Coll. Pray what Arms did I bring to your House Sir Mr. Clayton As to the matter of Arms ther 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 Coll. 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. Clayt 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. just jones You don't know all the companies that come into your House Coll. My Lord I am told there are some that came from the Town where I was born that know me and have known me this 24 or 25 years together if you think that material for me to prove whether I am a Protestant or no. Lo. ch just 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 Coll. 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. jeff. What Church do you frequent in London to hear Divine Service Colledge I have received the Sacrament several times Sir George Mr. Serj. jeff. 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 Lo. ch just Well call whom you will Colledge Is Thomas Deacon there Mr. Deacon Yes Coll. 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. ch Just 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 along and paid every man his own Mr. Att. Gen. How long is it ago since he left that place Mr. Deacon I can't directly tell how long it is truely but I think 't is eighteen years since you left Watford Coll. 'T is fourteen years ago Mr. just jones You say fourteen and they say eighteen Mr. Deacon I say I cannot exactly tell Coll. But Mr. Deacon I have been in your Country lately Mr. Deacon He used to come there once or twice a year generally to see his friends I have heard him delare himself against the Popish Church always very much L. c. j. Did you never hear him talk against the Government Mr. Deacon No never in my life Mr. Ser. Jeff. Nor against the King Mr. Deacon Nor against the King Mr. just jones Was he in your Country the last Easter Mr. Deacon I think it was about Easter he was there Mr. just jones Was he at Church there then and received the Sacrament Mr. Deacon I know not whether he was there of the Lords-day or no He did quarter at another Town at Bushy where he has a Brother-in-law L. c. j. Well call another Coll. Mr. Whitaker L. c. j. What is your Christian Name Mr. Whitaker William L. ch just What do you ask of him Coll. Whether he knows me and my Education Mr. Whitaker Sir I have known him this six and twenty years I knew his Parents I know his mother she lives now at Watford I have known his behaviour to be very civil and good a very good Church-man he was when he lived
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
Prisoner I could not direct her L. c. j. Do you deny what they say to be true Mr. Dugdale Mr. Dugd. My Lord she came to me for money I told her I had it not ready but would pay her and in the Shop before the Apprentice boy she desired of me that I would write two or three words what I had to say against her Master and I told Mr. Graham of it So said I I cannot tell I have not the papers nor what informations I have given against him So she came again the next morning and she was at me to write down what I said I wonder said I your Master will send you had not he as good send Mr. Smith who is his counsel And this was all the words we had Eliz. Hunt My Lord I do solemnly assure you he said he would write down what he had said against my Master and would fain speak with Mr. Smith for there was more ado made about it than needs Dugd. Mr. Graham can tell what it was for I came and told him immediately Lo. c. j. Did you tell her you had nothing to say against her Master that would touch his life Dugdale I could not say that I had said nothing against her Master for she asked me that I would write down what I had said but I told her I knew not what was Treason that must be referred to the Court. Mr. just jones Did he speak it openly or privately to you Eliz. Hunt He did not speak it aloud no body heard him but my self Dugd. It was in the Shop and the Apprentice-boy was by Mr. just Levins Was this after he had been at the Old-Baily or before Eliz. Hunt Yes it was after he had been at the Old-Baily and after he had been at Oxon. too Mr. just Levins Then it was before the Court what could be made of it Coll. She had gone forty times for the money I had lent him out of my pocket and I lent him that when I had little more for my self Eliz. Hunt I did tell him Mr. Dugdale if you can't let me have my Masters money if you please to tell me what you have made Oath against my Master Said he I can't let thee have it now but thou shalt have what I have to say against him I will draw it up in writing and thou shalt have it to morrow-morning The next morning I came to him again and said I I am come again what must I do Said he I have no money such an one hath not hoped me to it Sir then said I I hope you will be as good as your word to let me know what you have made Oath against my Master Said he I was about it yesterday but could not do it But Sweetheart said he and took me by the hand I will give you a copy of it to day at ten of the clock and if I do not I will tell it thee by word of mouth So I came to the House at ten and staid till eleven but did not see him Mr. just Jones You had a great mind to be tampering Eliz. Hunt The first time he asked me who was his counsel I told him Mr. Smith then said he I have a great desire to speak with him So I told my Master of it Colledge My Lord you see it is but black and white all this whole contrivance upon me she hath proved I knew nothing of these papers and indeed I did not Lo. c. j. Do you call any more Witnesses Colledge There is my Brother-in-law that received those papers Call George Spur and Sarah Goodwin Mrs. Goodwin appeared Colledge Do you know any thing of the papers that were carried to my Brother George Spur â— Mrs. Goodwin Yes I do The Saturday after my Brothers confinement about eight of the clock in the morning I having heard of it came into the House and in a quarter of an hours time in comes a Waterman and desires an handful or two of shavings I knowing not who he was nor what he desired them for told him he should have them so he went up to the working-shop togather them for he pretended that to be his business L. c. j. Whose Waterman was it Mrs. Goodwin A Waterman I suppose that belonged to His Majesty for he had a Coat marked with R. C. Coll. This is after I was in custody Mrs. Goodwin Yes it was the Saturday after So no sooner had he the shavings but he goes out of the Shop and comes in again with three of his Majesties Messengers and they made enquiry after papers and I being innocent of concealing any papers or any thing said I knew of none so they came to one box that had the Tools for the men to work with and they demanded the keys I told him I knew not where the keys were So they went to the next and found it open but nothing did they find there there was a Bed wherein formerly my Brother's Servants did lye Said one to the other look well whether there be not something hid in that bed said I I suppose there is no such thing as you inquire for if you please you may take off the clothes and gave them free toleration to look but for the chest I would not deliver the keys because the man was not there that owned it In their searching they flung down the Wainscote and did a great deal of damage to his Goods Gentlemen said I I suppose you have order to search but none to spoil a mans Goods When they were gone having found none they threatned God dam them they would have them for there they were But I being ignorant of the concealment of the papers I requested the Maid and my Brothers Son whether they knew of any papers and they satisfied me they knew of some prints that were brought by a Porter to be left at my Brothers but they knew not whence they came nor what they were and the same answer gave my Brother's Son that he did not know whose the papers were But since his Fathers confinement they were laid up sure and safe for they knew not what they concerned Upon this my Lord my Brother in-law George Spur he comes into the House and if it please your Honour I requested him to carry them into the Countrey to his House to secure them till we knew what they did concern and who they did belong to Whereupon he replied my Lord that he was fearful to carry any thing out of the House said I if you will please to take them of me I will carry them out of the House for your security because his Wife looked every hour being with child when she should be delivered and he was fearful of troubling her So I carried them out of the House and delivered them to him L. c. just To whom Mrs. Goodwin To my Brother-in-law Mr. George Spur. So at my going out after I had delivered them to him in my way back again I
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
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
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
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
will conclude to you Gentlemen and appeal to your consciences for according to the Oath that has been given to you you are bound in your consciences to go according to your Evidence and are neither to be inveigled by us beyond our proof nor to be guided by your commiseration to the Prisoner at the Bar against the proof for as God will call you to an account if you do an injury to him so will the same God call you to account if you do it to your King to your Religion and to your own Souls Lo. ch just Gentlemen I shall detain you but a little and shall be as short as I can for your patience has been much exercised already It is a burden and a necessary one that lies upon us all for there is nothing more necessary than that such Tryals as these should be intire and publick intire for the dispatch of them and publick for the satisfaction of the world that it may appear no man receives his Condemnation without Evidence and that no man is acquitted against Evidence Gentlemen there are these two considerations in all Cases of this nature the one is the Force of the Evidence the other is the Truth of the Evidence As to the Force of the Evidence that is a point in Law that belongs to the Court and wherein the Court is to direct you as to the Truth of the Evidence that is a question in Fact arising from the Witnesses must be left upon them whereof you are the proper Judges As to the Force of the Evidence in this case it must be consider'd what the Charge is it is the compassing the Death of the King and conspiring to seize the Person of the King which is the same thing in effect for even by the Common Law or upon the interpretation of the Statute of the 25. of Edw. 3. that mentions compassing the Death of the King to be Treason it has always been resolved that whosoever shall imagine to depose the King or imprison the King are guilty of imagining the Death of the King for they are things that depend one upon another and never was any King deposed or imprisoned but with an intention to be put to death they are in consequences the same thing Now Gentlemen in cases of Treason the Law is so tender of the Life of the King that the very imagination of the Heart is Treason if there be any thought concerning any such thing but then it must be manifested by some Overt-act upon the Statute of the 25. of Edw. 3. but upon the Statute of the 13. of this King made for the Preservation of the Kings Person if it be manifested by malicious and advised speaking 't is sufficient This is as to the Charge and as to the Law concerning that Charge I must tell you there must be two Witnesses in the case Now then for the Force of the Evidence the question will arise there whether this Evidence admitting it to be true is sufficient to maintain the Indictment so that if there be two Witnesses you must find him Guilty Now as to this Gentlemen the Prisoner has before-hand called upon the Court and had their resolution and I hope you will remember what hath been said and I shall have occasion to trouble you the less There have been six Witnesses produced for the King there are two of them Sir William Jennings and Mr. Masters that are some way applicable to the Case though they do not go to the Treason they are only to infer the probability of the Treason This of Sir William Jennings was upon the occasion of the bleeding of the Prisoners Nose after his quarrel with Fitz-Gerald when he said He had lost the first bloud and it would not be long e're there would be more lost which shews there were some extraordinary thoughts in his Heart concerning some divisions quarrels and fighting that he expected should be That which Mr. Masters has said besides what he offered concerning his Principles in justifying the Long Parliament was this that when he called him Colonel Marry mock not said he I may be a Colonel in time that shews some extraordinary thoughts were in his Heart Coll. Will not that bear a more favourable interpretation my Lord Must that necessarily follow upon my saying I might be a Colonel in time and that more bloud would be lost if I had expressed it so L. c. j. I say you had some extraordinary thoughts in your Heart Coll. I am sure the fittest to explain my own thoughts L. c. j. You would have done well to have explained it which way you expected to be a Colonel Coll. It was not an expectation for a may be may not be my word was mocking is catching I thought he had called me Cozen. L. c. j. Well Gentlemen these are Witnesses I say that go not to the Treason but only relate and reflect somewhat to shew there were thoughts in his Heart but no body could tell what they were or know what he meant by them Coll. Then always they are to be taken in the best sence L. c. j. For the other Witnesses Stephen Dugdale John Smith Bryan Haynes and Edward Turbervile they are all of them taking what they say to be true very full Witnesses The Prisoner hath objected as to two of them because they speak to nothing that was done in Oxfordshire but Turbervile and Dugdale they speak to what was said in Oxfordshire Now for that I must tell you If you believe any one of these Witnesses as to what was said in Oxford and any of them as to what was said in London relating to the same Fact of Treason they will be two good Witnesses to maintain the Indictment tho' the one is in the one County and the other in another for if a Treason be committed in two Counties it is in the Kings Election where he will exhibit the Indictment and the Evidence from both Counties is good Evidence that I take for Law and these four Witnesses with that consideration that they are true as I think are full Witnesses to maintain this Indictment Why then the next Head is concerning the Truth of this Evidence of which you are to be Judges and you are the proper Judges whether the Witnesses speak true or no therefore you must have your own Consciences to direct you in that case and what I shall say about them shall be only for your Assistance Gentlemen I shall not take upon me to repeat the Evidence to you it has been long and for me to speak out of memory I had rather you should recur to your own Memories and your own Notes only I shall say something in general to contract your consideration of it And as I told you at first you must mind nothing of what the Kings Counsel said for nothing must have impression upon you but what they proved So you are not to consider any thing of the Facts the Prisoner spake of that