Evidence that has been given against the Prisoner at the Bar when there has been so much time taken up unnecessarily when there was no occasion as I must needs say there was not for such a tedious Defence I leave it to you to determine But that which was truly intimated by the Court at the beginning of the Tryal must at the end of this Cause be repeated and indeed go through it all that we of the Kings Counsel and what the Prisoner has affirmed that has not been given in proof signifying nothing and is not to be any guide at all to you You are upon your Oaths and by the Oath you have taken you are bound in conscience to give a Verdict according to the Evidence that has been given to you and that is your guide so that what we opened and have not proved is no more to be believed than what the Prisoner has said for himself in his own Defence and whatsoever he says if he make not god proof of it is no more to be regarded than what we who are for the King have alledged and not made out So then this being in the first place premised I shall take care as near as I can to save time of the Court and not to trespass on your patience Gentlemen unnecessarily in a Case whereupon as great a concern does depend as perhaps ever came to Tryal at any Bar For I say 't is a Case wherein the Life and the Liberty of the King is concerned and that is the great concern of the Nation the Religion of the Nation is concerned I would be understood aright I mean the Protestant Religion established by Law for I know no other Religion men ought to sacrifice their Lives and Fortunes for but the Protestant Religion established by Law and when these things are concerned 't is a Case of great consequence God forbid any person Protestant or other should attempt the Life of the King and the Subversion of our Religion and by stiling themselves by the Name of Protestants should excuse themselves from any such crimes For the Evidence that has been given I shall not enumerate the particulars against the Prisoner at the Bar other than such as have been omitted if I mistake not by Mr. Sollicitor In the first place are the things that hapned at Oxon. for you have had it already sufficiently told you by my Lords the Judges who are upon the Bench and who under Mr. Colledges favour are the Prisoners Judges in point of Law as you are in point of Fact They have I say already told you what the Law is in relation to Treasons that in case the Treason be in two Counties if the Witnesses speak to the self same Treason tho' to different Facts that will be two Witnesses to prove High-Treason and that there has been such a Case the Prisoner at the Bar who he says is a Protestant for his own Souls sake I wish he were a good one must take notice that Gavan the great Priest who was tryed at Newgate and convicted by what Evidence by one of them that is a Witness now against the Prisoner at the Bar that is Dugdale his Treason was committed part in London part in the Country of which part Dugdale gave Evidence but being both to the self same purpose by the greater part of the Judges who were in the Commission and present at the Tryal they were reckoned a sufficient-Testimony to prove him guilty of High Treason And I hope we do not live to that age that any Protestant whatsoever should come to trip up the heels of the Popish Plot by saying that any of them who suffered for it did dye contrary to Law or without sufficient proof for if Mr. Dugdale was not a person fit to be believed or if the rest of the Judges who tryed Gavan were out in the Law then that man died wrongfully for he had as much right to have been tryed according to the Law as any other person whatsoever Therefore Gentlemen as to that matter we must submit it to my Lords the Judges who are to give you an account what the Law is in all its particulars before you but as to the Fact whereof you are Judges that is the great matter we shall apply our selves to and for that it stands thus Here is Dugdale that does give you an account what his design was in coming to Oxford how he came to be armed as an Index Gentleman of his mind And pray give me leave to put you in mind of one thing You have first a Libel produced and read to you a pretended Letter wherein there are Queries that have been taken notice of and which seem to back the Evidence given by Mr. Masters for there is a vindication in those Queries of the proceedings of that Parliament of 41. which he has confidence enough now at the Bar to justifie too But Gentlemen you were told by the Court and you know it that that Parliament was guilty of High Rebellion And even in those Queries he asperses not only the Government but every man that has any concern in it for it takes notice not only of the King but of all his Council never a Judge nor an Officer in the Nation but is traduced by it and which is most material it was the foundation of that Libel which has been mentioned to you and which Fitz-Harris was so justly condemned and executed for that most traiterous and infamous Libel in part of it has these Queries and a great Paragraph of this Libel makes up part of that Libel of Fitz-Harris which our witnesses say Mr. Colledge was pleased to affirm was as true as God is in Heaven Another thing is this this Gentleman whose proper business it had been no manage his employment at London for a Joyner is best seen in his proper place using the proper Tools of his Trade I think it had been much more proper for him and I believe you will think so too than to come with Pistols and all those Accoutrements about him to be regulating of the Government what have such people to do to interfere with the business of the Government God be thanked we have a wise Prince and God be thanked he hath wise Counsellors about him and He and they know well enough how to do their own business and not to need the advice of a Joyner though he calls himself the Protestant Joyner What had he to do to engage himself before his advice was required How comes he to concern himself so much that after he had writ this Libel wherein he is pleased to take notice of Tyrants afterwards should go to make a Print I mean the Raree-Shew and when Dugdale comes to enquire of him what do you mean by such a thing the Tyrant shall go down Says he I mean by that the King And what do you mean by having them go to Breda Why there he explains it that he puts all the Government
that the King was a Papist himself that he was as deep in the Plot as any Papist of them all that he had an Hand in Sir Edmondbury Godfry's Death This Mr. Colledge I appeal to your self whether you have not said it And in this Town of Oxford you have several times told me that nothing was to be expected from him he would no nothing Mr. just Levinz Who did tell you so Mr. Dugdale Mr. Colledge did tell me that there was nothing to be expected from the King but the introducing of Popery and Arbitrary Government this I belive Mr. Colledge will acknowledge to be true Coll. Where was this spoken Mr. Dugd. This was spoken at a Coffee-House called Combe's Coffee-House in this Town and at the Angel-Inn in this Town at a Barbers Shop that day the King went out of Town we were in the same Shop Coll. Who was there besides Mr. Ser. jeff. Do not interrupt our Witnesses let us have done with him and you shall have time to ask him questions after L. c. j. For your Instruction I will tell you your time is not yet come if you chop in and interrupt the Witnesses you will disturb any man living but your way is this when he hath delivered his testimony ask him any questions then and he shall be bound to answer you and in the mean time you shall have pen ink and paper to help your memory Mr. Dugd. That day the King went out of Town presently after he went you and I went into the Angel-Inn and we went into the Barbers-Shop that is just within the Inn and being charging your Pistols there you said Rowley was gone the Rogue was afraid of himself he was shirked away and here I appeal to your own conscience whether you did not speak it Coll. I know nothing of it Mr. Att. Gen. Don't appeal to him 't is nothing for that Mt. Sol. Gen. Who did he mean by Rowley Mr. Dugd. The King Mr. Serj. Holloway Was that his common application for the King Mr. Dugd. It was his common word concerning the King And at other times speaking that the King did not do those things that were fair he hath given mighty great words against him He hath told me that there was no trust to be put in him for it was the People we must trust to and we must look to arm our selves and that he would arm himself and be here at Oxford and he told me here in the Town accordingly when I came out of the Countrey and he said that he had several stout men that would stand by him in it Their intention was as he said for the rooting out of Popery by which name he always termed the Church that is now established by Law as to be of the same nature the Papists were This I believe Mr. Colledge will acknowledge Mr. Att. Gen. Well go on Sir Mr. Dugd. And at a time when he had Dr. Tongue at his House he told me that as for Dr. Tongue he had much ado with him and he had been at a great charge to keep him in order that he was forced to neglect his own business to look after him for if he had not done so the Rogue as he said had a mind to fling all upon the Protestants that is the Dissenters for he does not count the Church of England to be so that he had much ado to keep him in order for he had said he had drawn Papers to that purpose but those papers are secured for where they are I can't tell Mr. Att. Gen. Who were they that were to be with him in that design of his Mr. Dugd. He told me Captain Chinton Captain Browne and one Dr. Lewes and he brought them into Town here when he came with him Mr. Att. Gen. To what purpose did he bring them Mr. Dugd. Expecting there would be a rising Mr. jones Did he tell you that here Mr. Dugdale Yes the Friday I think it was after the Parliament first sat Mr. jones How did he express himself what they had to do Mr. Dugdale They were to be here in case there were any rising which he expected Mr. jones What use did he say he would make of them Mr. Dugd. For the defence of the Protestant Religion against the King and all his Adherents Mr. jones What did he say he would do to the King I would not lead you Mr. Dugd. He did not say what particularly Mr. jones What did he say if the King did not yield to the Parliament Mr. Dugdale If the King did not yield to the Parliament he should be forced to it Mr. jones Where did you hear him say that Mr. Dugdale At Oxford Mr. Serj. Holloway Did you hear him declare this at London Mr. Dugd. He did say at London he expected there would be something done at Oxford and that he would go thither with his Horse and Arms and those Gentlemen I named before would go with him And he said let them begin when they would he did not care how soon his party was the greatest party Mr. Att. Gen. What was that Capt. Brown did you know him Mr. Dugd. Yes I knew him very well he did much frequent Mr. Colledge's company he was in the late Army against the King Mr. Serj. Jeff. Did you see him have any Pistols Mr. Dugd. Yes I have seen him carry Pistols about him Mr. Serj. jeff. Where in his Pocket Mr. Dugd. I saw them in the House Mr. Serj. jeff. At Oxford Mr. Dugd. Yes Mr. Serj. Hollaway Did you see them in his hand Mr. Dugd. I cannot tell that he had them in the House I saw them there Mr. Serj. Hollaway Did you see him in his Silk Armour about the Parliament-House the Lobby or any place Mr. Dugd. I cannot say that Mr. Att. Gen. What did you know of his delivering any marks or signs for persons to be distinguished by Mr. Dugd. I had as much Ribbon from him as came to forty shillings with no Popery no Slavery wrought in it and he gave it me to distribute among my Friends in the Countrey that they might be known by other persons that would wear the same Mr. Jones Where had you it Mr. Dugd. At London from Mr. Colledge Mr. jones Where was it to be distributed Mr. Dugd. Among those that I knew to be Dissenters in the Countrey Mr. jones Were you to come to Oxford by agreement with mr Colledge Mr. Dugd. I promised him to come to Oxford and did so Mr. Attorn Gen. Well go on what more do you know Mr. Dugdale At London I was once at a Coffee-House with Mr. Colledge and with some of the members of the House of Commons it was a little before they met and they were earnestly talking of the Parliament at Oxford and of some disturbance that was likely to happen here And it was then fully agreed and Mr. Colledg was by that it would be the best way out of every County where the Parliament had the best
I am unhappy in those things But my Lord I do declare as to my own particular in the presence of God Almighty that as to whatsoever is sworn against me as to the seizing his Majesty providing Arms or having any Design either at Oxford or London or any other place in the world to seize upon the person of the King or to rebel against the Government established I vow to God Almighty I never had such a thought in me 't is a truth my Lord. My Lord they have sworn desperately against me and it hath appeared I think by very credible persons that they have contradicted one another It hath been proved that it was a Design that they were tampered withal that they complained they were in poverty that they wanted maintenance and they did confess they were tempted to come over to swear against Protestants and now the Lord knows they have closed with it and they begin with me I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn and that it is not possible if I had a grain of sence for me to discover my self to be such an one to Haynes that was an Irish-man and should speak all the Treason that he hath galloped through at first sight that as soon as ever I saw him that I should speak so to him I hope you will consider whether it consists with common Reason when there could be no probability of making any use of him in the world My Lord all my Witnesses that I have brought your Lordship can and I hope will sum them up better than I can for I declare it I have been so concerned that I have not been able to write half of it down But I think there is never a man that hath sworn against me but hath been sufficiently confuted by persons of integrity and Honesty men of Principles and men of Religion they are such my Lord that make conscience of what they say they are persons altogether unknown to me most of them as to what they had to say it was what they offered voluntarily and I am certain they have had nothing but their bare charges if they had that for their pains in coming hither and my Lord there is no probability that they should come and attest any thing that is false for me who am a stranger for nothing No man is a Knave for nothing as I believe these men are not My Lord I do declare it I was bred a Protestant and I have lived so I am so this very day I have been a lover of the Church of England and of all the fundamental points of Doctrine believed in it I own the same God the same Saviour the same Gospel and the same Faith I never had a prejudice against any man in the Church in my life but such as have made it their business to promote the interest of the Papists and such I must beg leave to say there are amongst them for there is no Society in the world without some bad men and these do promote the interest of the Papists by dividing the Protetestants and allowing none to be true Protestants but those that are within the Church of England established by Law which is a Notion so wide I could never close with that I never had a prejudice against any man but a Knave in my life I have heard I confess some of the Dissenters and I have found very honest just pious godly men among them men free from Oaths and all Debauchery men that make a conscience of what they say not like some persons that say they are of the Church of England that carry themselves in their lives and actions so as that no credit can be gained to the Church by them My Lord I have been an hearty man against the Papists I have been an hearty man as any person of my condition for Parliaments which I look upon to be my Birth-right and under God Almighty the Bulwark of our Liberty and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament for I always thought I served my Country when I served the Parliament and I served the King when I served my Country I never made any difference between them because I thought them both one I had the Honour to be entrusted by them before and upon that account I came voluntarily down hither I rid my own Horse I spent my own money and eat my own Bread I was not beholding to any man for the value of six pence all the while I was here My Lord I have ever since the Plot hath been discovered endeavered with all my heart and all my power to dedect and come at the very bottom of it I have spared for no time nor pains what lay fairly in my way in every thing to encourage those that discovered the Villanies of the Popish Plot against the Life of the King and for the Subversion of the Religion and Government established by Law Now certainly it is not strange to the world for I think all Christendom is aware how plain the Popish Plot hath been proved These men that swear against me were they that used to follow me sometimes they would say it was they that had come to save our lives and yet we let them want Bread That argument my Lord was so fair that I thought it unreasonable to see them starve And I have said sometimes to some honest considerable men that it was hard they should have this to say of us that they should want Bread to eat that were the Kings Evidence to detect a Popish Plot wherein we our selves were concerned and that when they had saved our blood in our veins they should be suffered to starve And one time I think some three or four Gentlemen of the City did give me 42 s. or 40 s. and 8 d. or thereabouts which I did distribute amongst them And they never came to me in my life but to seek relief they knowing that I had a general acquaintance And sometimes they thought it might be fit to petition the Common Council of London to take care of them Sometimes they would speak to particular men that care should be taken of them At other times indeed it was not this sort of discourse they had with me but they would pretend they had something to discover of the Popish Plot and so they would apply to me as a man of some acquaintance And the first time I saw Haynes was upon such an account the beginning of March last and it was thus I was at Richard's Coffee-House at Temple-Bar where Macnamarra did desire me to go out and I should hear such a piece of Roguery I never did hear in my life against my Lord Shaftsbury So I did go out with them and I called Captain Brown who is since dead to go with me and we went to the Hercules Pillars and Haynes there
credit after so solemn a Tryal where all the objections that could possibly be made were made the House of Lords thought fit to find my Lord Stafford guilty and my Lord Stafford suffered for it and died upon the credit of these men These are the witnesses Gentlemen that this man thinks ought to be blown off with that frivolous objection that they are persons he would have you believe who are guilty of a design to throw the Plot upon the Protestants But because he hath desired to save himself in an Herd by numbring himself amongst the Protestants I must a little observe to you what a sort of Protestant he is a man he would have you to believe so popular for his Religion that he hath obtained the name of the Protestant Joyner But when you have considered what his actions are I believe you will a little suspect his Religion If the Protestant Religion allow any man to vilifie the King to arraign the Government and to throw off all manner of allegiance then this man is a Protestant but if this be to act the part of a Papist and if the Papists could wish that such an infamy might be put upon the Protestant Religion that it should justifie such a Rebellion as the late horrid one was and own such a Principle that it is lawful for any Subject to asperse and vilifie the King as this man by those many and scurrilous Libels seem to do it if they could wish this Nation overturned and the Government in confusion and the Church of England destroyed the best Bulwark now in the world against Propery and the best or only refuge at this day left for the poor afflicted Protestants abroad Then whilst Mr. Colledge does thus act the part of a Papist he does very ill to call himself a Protestant Gentlemen I cannot but observe one thing to you and it was the Evidence of Dr. Oates when he did first discover the Plot and without his Evidence you would easily believe the thing He told you there were two ways they had to accomplish their design by direct murdering of the King or if that failed by putting all things into confusion here and raising Rebellion and disturbance amongst us and the way to effect that Rebellion it was by having Emissaries sent among us to work us into a dislike of the Church and by that means into a Rebellion against the State That some men were sent abroad for that purpose to preach at Conventicles some whereof were catched and some did suffer Now without this Evidence it would not be hard to believe that such there are and have been for all that know the History of our Reformation do know that it was an early practice among them to raise Sects amongst us to bring confusion first into the Church and theâ— in the State And we have already found the sad effects of it Now Gentlemen if Colledge have all this while under the name of a Protestant acted the part of a Papist though I cannot say he is a Papist nor that he is one of those Emissaries yet I may say he is not that good Protestant he pretends to be Gentlemen I must now to do him right come to repeat the Evidence that he hath given against our witnesses for Mr. Haynes he hath produced several witnesses one is Mr. Hickman who says he overheard Haynes say to one that was his Tenant that it was his Trade to swear and he must get money by it This â—e overheard him standing and listning at a door You have another man Lun that is the next Witness and he says that at the Fleet-ditch where he saw him there he declared the same thing to him that he would swear any thing for mony and dam his soul rather than the Catholick Cause should sink and now He comes to prove a Plot upon him that is a Protestant and in his person upon all the Protestants of England and this man would fain throw off the credit of the Popish Plot and turn it upon the Protestants But Gentlemen it is strange that Mr. Haynes should have this discourse with Lun the first time that ever he saw him for I am sure his own Witness Lun says it was the first time and that he should immediately talk to him at this rate is somewhat strange But for an Answer to it this Lun we have confronted with the Evidence of White the Messenger who swears that afterwards meeting him at Uxbridge Lun asked him what Gentleman that was and did not know Mr. Haynes and yet he takes upon him to prove that he had spoke such words to him before I think there is never another material Witness against Haynes except Whaley who was an under-Officer in the Kings-Bench and he says that Haynes whilst he was a prisoner there ran away with a silver Tankard but he never was indicted or prosecuted for it tho' he remained afterwards in the House and this was 5 or 6 years ago Now Gentlemen I think the nature of this Evidence hath not that weight as to take off the credit of what this man hath said upon his Oath especially when this mans Evidence is so backed with the Evidence of other men that I think there is no Objection at all against it For the other Witnesses Dugdale Smith and Turbervile are men whose credit has not been impeached and they have confirmed in substance what the Evidence of Haynes is so that he does not stand alone in what he here swears but 't is confirmed with concurrent Evidence with it Then Gentlemen for the Objection against Dugdale Turbervile and Smith they produced Dr. Oates to you and he must vilifie the credit of those men whose Testimony as to what he gave at first in discovering the Popish Plot received credit by being seconded by these men And I cannot but observe it as a strange thing that this man comes now to vilifie the Testimony of those who have given Evidence and been credited by the whole Kingdom that he should come here upon the word of a Priest to declare that Mr. Dugdale was a man of very lewd conversation and was a person that had a foul Disease on him when he pretended he was poysoned I remember this was an Objection that hath been made by the Papists to him and I believe you have heard it often out of their mouths but it is the first time that ever I heard it from any one that is a Witness of the Popish Plot and pretends to stand up for the Protestant Religion Gentlemen if any such thing as this could have been made out against him it had been made out e're now the Papists would have taken advantage of it and when the Wit of all that party was bent against him he could not have escaped the having it proved if it had been true yet Dr. Oates takes upon him now to vilifie his credit and takes up those Arguments the Papists have maliciously suggested but yet were
Papists signifie when in all the course of our Evidence there has been but one Irish and never a Papist But here have been great discourses about Macnamarra and Dennis and what it hath been for but to make a noise and raise a dust I can't tell for in this cause there has not been one Irish-man besides Haynes and never a Papist throughout the whole Evidence So that it is easie if men think it will take with the Auditory for a person to cry out Oh Lord we are all like to be undone here are Irish Witnesses brought against us and after all this stir there is but one Irish Witness and never a Papist And as for him truly Gentlemen I must take notice that even Colledge himself till such time as he was taken reckoned him an Honest man Colledge Never in my life Mr. Serj. Jeff. It was so said But I do say Gentlemen suppose which I do not admit that the Irishman he speaks of be out of the Case not that the Country is an objection against any mans testimony God forbid it should be so affirmed for truth is not confined to places nor to persons neither but applyed to all honest men be they Irish-men or others But I say set Mr. Haynes out of the case suppose there was no such man as Haynes in this case yet I must tell you Gentlemen you have as great a proof as possibly can be In the next place I must take notice to you of some account that hath been given of him by himself It is wonderful strange when there was that kindness of intimation given by the Court that he should do well to prove his Loyalty as well as his Religion that he did not produce some of his later acquaintance If this man that makes himself a Protestant would have it believed he is such I wish he would have brought some of those men that knew him at London to give you some account of him and not to stretch backward sixteen years to prove his Birth and Education that is not the best account sure a man can give of himself to say after he hath been talking at this disloyal rate that he is a good Protestant because he was thought so 18 years ago Again in the next place here is an account of the Libels given by the old woman that is his Sister Truly she would have it and that is another Libel at the Bar as though the man in the Red Coat with R. C. upon it had dropped this kind of Libel in his House and so he or somebody else put a trick upon him and because she would inveigle you to such an interpretation she says that they staid behind till the man in the Red Coat had fetched away the shavings and so here is a new Sham Plot to be put upon the Prisoner by dropping papers in his House a pretty kind of insinuation But Gentlemen against the Evidence of this Woman you have the very person that was there the Officer who swears that he and his Fellows came before the Waterman into the House But I suppose you observe how that notable talking maid and she does agree for the maid tells you there came a strange Fellow seven weeks before delivered these things into her hands her Master was abroad and she was not to enquire whence they came or what they were but paid him six pence for bringing those things Now 't is very strange that the Maid should pay for the bringing of those things and yet after that should imagine that somebody else should put them there But now Gentlemen in the next place I must tell you another thing which I would beg you to take notice of Here are two Gentlemen Mr. Bolron and Mr. Mowbray and they have given you an account that they have been Evidence against the Papists they did well in it but it hath been their misfortune hitherto they have not been believed but whether they have been believed or not before is no guidance to you at this time but that which is to guide you is whether or not they have given you now a testimony that you in your own Consciences can believe Now can you believe what they have said nay can you probably believe it without any circumstance to confirm it against those express objections that arise from themselves and against the Oath of the person when the one tells you so exactly of the twenty fifth twenty sixth twenty seventh and twenty eighth of July and the other tells you that Smith took Post and yet overtook them not till the Sunday after which was the third of August and when the Almanack is produced it was so far from making out what they spake of to be the same time that whereas one said he came to London the twenty eighth the others Almanack says it was the 27th then pray how do these persons agree when the one says that Mr. Smith talked with him upon the road the 28th and the other says that they came to London the 27th These are circumstances Gentlemen that you must weigh and you may bring the North and the South together as soon as their two testimonies they are so far asunder Besides Gentlemen I hope you take notice of a person that was sworn a person of some quality a Scholar in the University here that says Balron though he denied it did shew one of these Pictures and did discover they were Mr. Colledges and Balron himself his own witness tells you that he did acknowledge one of those Pictures was his It appears then how busie he was and concerned himself in what belonged not to his Profession So that upon the whole matter after this long Evidence that hath been given I must wholly appeal to your Lordship and the Jury as to the Law to your Lordship and the Court and as to the Fact to the Jury for I do not desire any sort of Evidence should be strained against a Prisoner at the Bar who is there to be tried for his life God forbid if he be innocent but he should be acquitted but on the other side consider the murder of that great King of ever blessed memory is before you and remember that base reflection which the witnesses tell you of upon that horrid action and as a great Evidence remember that seeming vindication of it at the Bar which certainly no English-man no Protestant according to the Church of England can hear without having his blood stirred in him And these things are not only testified by Dugdale and Smith but by Gentlemen of known reputation and quality and he hath a little discover'd himself by that defence he hath made against their testimony But know Gentlemen that the King is concerned your Religion is concerned that Plot that is so much agreed to by all Protestants is concerned for if Dugdale Smith and Turbervile be not to be believed you trip up the heels of all the Evidence and discovery of that Plot. Then I
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