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that this man might talk much more than this ; | libel which this gentleman, who is so very conbut this I mention to do him right, it being one versant in libels, and books of that sort, avers of the arguments be used; and, to give an an, to be as true as God is in Heaven. This is the swer to it, though when you consider it, I substance, gentiemen, of that proof which hath believe you will think it not to need an answer. been made to you, we have other circum. But I would do him all the right I can, and stances to prove, that as he came down with now you have heard it, you will consider the that intent to seize the king, and as be exweight of it.

pected, what he calls, some sport, so he did enGentlemen, he tells yon of another discourse deavour to begin the sport, he did quarrel in afterwards, that does relate to his being here the lobby of the House of Lords with Fitzat Oxon, he tells you he had arms in his house, gerald, some blows passed, and sir William and was ready upon all occasions, and shewed Jennings telling him his nose bled, he did deMr. Smith his arms, and told hiin, these were clare, I have lost the first blood in the the things that were to destroy Rowley's but it will not be long before there be more lost. guards, as he said, which by the evidence is Thus, after he had come down, he endeavoured made to appear he meant the king by that to begin a commotion ; for from little matters name, bis arms he said were for that purpose. great things do sometimes arise ; and when all That he would go down to Oxon, and there he men were possest with an expectation, such as expected some sport. I know not what sport he himself" did declare, he and others came he thinks there is in rebellion ; you see what down with an expectation that the parliament principles he is of, that does maintain and jus- should be attacked ; a little matter might have tify the greatest and horridest rebellion that begun such a commotion, wbich no man knows ever was in England, and says they did nothing what end it would have had. but what they had good cause for.

Gentlemen, this hath been our proof. Now Smith, that he thought the king would seize the objection made to this proof by Mr. Colupon some members, and with that expectation ledge, is, that this is a popish design to raise he came down, but yet was as ready as the a new Plot, and cast it upon the Protestants, king, and would be one in the securing of him, and that these witnesses are now to deny all the if he meddled with any of the members. This evidence they have given of the Popísh Plot, proof Mr. Smith made"; and that after the par- and throw all upon the Protestants. This is kament was dissolved, he said, that the king that he would persuade you to believe, but ran away, and was very much afraid. This is which I think when you do consider a little of proved by Smith likewise, and this Colledge it, it will be impossible for you in the least to did, declare after he came to town. Smith have such a thought. For what are the eviproves further, that he did wonder the king did dence that have proved this? Who are they? not consider how easily bis father's head was Men of credit, that have been evidences against bronght to the block ; and for Mr. Collerge's the Popish Plotters, and against men that have part he did declare, that he did believe this suffered for that Plot, men that still stand to the king would be served so shortly. And this evidence they have given, and affirm it every does confirm what his other witnesses have word to be true, and one of the very men that spoken of his words at Oxon. Thus then he brought, says, that they still stand to it; for there are three witnesses, though two are Turbervile, who was one of the witnesses enough to convict a man, if they be positive to against my lord Stafford, was tempted by some

persons to deny the evidence he had given Mr. Haynes is the fourth witness, and he is against the Papists ; but his answer was, No, as full as any of them. I do but repeat it in I can never depart from it, I have a soul to short; you have had it so often canvassed by save, that was true which I said, I cannot deny College, that I believe you will easily re- it. If then the witnesses which he would have member it.

He did advise Haynes that he you to believe to be guilty of denying the should not value the king at all, for the king Popish Plot, do confirm what they have said as should be called to account for all his actions; to that discovery, that objection is taken off, he said he would seize the king, and bring bim and they do stand still to it, that every part of to the block, as they did his father, with an in- it was true, and aver the same thing; and yet decent expression of that blessed king, not fit forsooth these men are going about to stifle to be repeated. And he said, they did intend, this Plot. when they had cut off him, never any more of

Gentlemen, these are the men the whole his race should reign. This it was Haynes nation have given credit to, the parliament says, though there are other matters. I would having impeached my lord Stafford, upon the take notice of one thing more, and I need not credit of them (for it was upon the credit of but mention-it, you will remember it, and that Dugdale and Torbervile that they impeached is about the libel of Fitzharris. Haynes tells him, for there was not two witnesses till Turyou upon discourse of that libel, be said, that bervile came in and made a second, and upon every word of it was true, as sure as God was their credit) after so solemn a trial, where all in Heaven. Now that was a libel made by a the objections that could possibly be made was papist, an Irisb papist, who had been tried, made, the House of Lords thought fit to find convicted, and executed for it

, and the horridest my lord Stafford Guilty, and my lord Stafford libel it was that ever was writ. And this is the suffered for it, and died upon the credit of these.

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men. These are the witnesses, gentlemen, tenant, that it was his trade to swear, and he that this man thinks ought to be blown off' with must get money by it. This be overheard bin that frivolous objection, that they are persons standing and listening at a door. You have he would have you believe, who are guilty of another man, Lun, that is the next witness, a design to throw the Plot upon the Protes and he says, that at the Fleet-ditch where he tants. But because he hath desired to save saw him, there he declared the same thing to himself in an herd, by numbering himself him, that he would swear any thing for money, among the Protestants, I must a little observe and damn his soul rather than the catholic to you what a sort of Protestant he is, a man, cause should sink ; and now he comes to prove he would have you to believe, so popular for his a plot upon him that is a protestant, and in his religion, that he has obtained the name of the person upon all the protestants of England; and Protestant Joiner. But when you have consi- this man would fain throw off the credit of the dered what his actions are, I believe you will popish plot, and turn it upon the protestants. a little suspect his religion. If the Protestant But, gentlemen, it is strange, that Mr. Haynes religion allow any man to vilify the king, to should have this discourse with Lun, the first arraign the government, and to throw off all time that ever he saw him ; for I am sure his manner of allegiance, then this man is a Pro- own witness Lun says it was the first time, and testant. But if this be to act the part of a that he should immediately talk to him at this papist, and if the papists could wish that such rate is somewhat strange : But for an answer an infamy might be put upon the Protestant to it, this Lun we have confronted with the religion, that it should justify such a rebellion evidence of White the messenger, who swears, as the late horrid one was, and own such a that afterwards meeting him at Uxbridge, Lau principle that it is lawful for any subject to asked him what gentleman that was, and die asperse and vilify the king, and this man by not know Mr.Haynes, and yet he takes upon him those many scurrilous libels seems to do : if to prove, that he had spoke such words to him they could wish this nation overturned, and before. I think there is never another material the government in confusion, and the Church witness against Haynes, except Whaley, who of England destroyed, the best bulwark now was an under officer in the King's-bench; and in the world against popery, and the best only he says, that Haynes, while he was a prisober refuge at this day left for the poor afflicted there, ran away with a silver tankard, but he Protestants abroad"; then wbilst Mr. Colledge never was indicted or prosecuted for it, thougti does thus act the art of a papist, he does very he remained afterwards in the house, and this ill to call himself a Protestant. Gentlemen, I was tive or six years ago. cannot but observe one thing to you, and it was Now, gentlemen, I think the nature of this the evidence of Dr. Oates, when he did first evidence bath not that weight, as to take of discover the Plot, and without his evidence the credit of what this man hath said upon his you would easily believe the thing. He told oath, especially when this man's evidence is yon, there were two ways they had to accom- so backed with the evidence of other men, that plish their design, by direct murdering of the I think there is no objection at all against it

. king, or if that failed, by putting all things for the other witnesses, Dugdale, Smith, and into confusion here, and raising rebellion and Turbervile, are men whose credit has not bees disturbance amongst us; and the way to effect impeached, and they bave confirmed in subthat rebellion, it was by having emissaries sent stance what the evidence of Haynes is; so that among us, to work us into a dislike of the he does not stand alone in what he here swears, Church, and by that means into a rebellion but it is confirmed with concurrent evidence against the state. That some men were sent with it. abroad for that parpose to preach at conren

Then, gentlemen, for the objection against ticles, some whereof were catched, and some Dugdale, Turbervile, and Smith, they have did suffer. Now without this evidence it would produced Dr. Oates to you, and he must vilify not be bard to believe, that such there are, and the credit of those men, whose testimony as to have been ; for all that know the history of what he gave at first in discovering the popish our reformation, do know that it was an early plot, received credit by being seconded by these practice among them, to raise sects amongst men. And I cannot but observe it as a strange us, to bring confusion first into the church, and thing, that this man comes now to vilify the then in the state. And we have already found testimony of those, who have given evidence, the sad effects of it.

and been credited by the whole kingdom; that Now, gentlemen, if Colledge has all this he should come here upon the word of a priest while under the name of a protestant acted the to declare, that Mr. Dugdale was a mano part of a papist, though I cannot say he is a very lewd conversation, and was a person that papist, nor that he is one of those emissaries, had a foul disease on him, when he pretenderi yet I may say, he is not that good protestant he was poisoned. I remember, this was an obhe pretends to be. Gentlemen, I must now, jection that hath been made by the papists to to do him right, come to repeat the evidence him, and I believe you have heard it often out that he hath given against our witnesses : for of their mouths; but it is the first time that Mr. Haynes be hath produced several wit-ever I beard it from any one that is a winess nesses, one is Mr. Hickman, who says he of the popisb plot, and pretends to stand up oyerheard Haynes say to one that was his for the protestant religion. Gentlemen, if any such thing as this could have been made out there was no necessity they should remember against him, it had been made out ere now, the it. So then no evidence that comes from Dr. papists would have taken advantage of it, and Oates can take off that that is given by Smith; when the wit of all that party was bent against though if Mr. Smith were out of the case, and him, he could not have escaped the having it Mr. Haynes too, yet there is evidence sufficient proved. If it had been true, yet Dr. Oates from Mr. Dugdale and Mr. Turbervile, who are takes upon him now to vilify his credit, and not impeached, and are both of them positive takes up those arguments the papists have ma- both to the fact and to the place. liciously suggested, but yet were never able to There are two witnesses more that I must make out. This looks as if the doctor were mention, and they are Bolron and Mowbray; again returning to St. Omers, that he is thus they swear that Smith travelling upon the road going about to disparage the evidence of Mr. with them, would have suborned them to swear Dugdale, which in great measure verified the against Jobn Brooks, about a discourse at some truth of that discovery himself first made of place; but it happened, gentlemen, they differ the popish plot.

in point of time in their testimony; the one Against T'urbervile, gentlemen, I think there said it was the 25th of July, the other was hath been very little at all objected that can positive it was the 3d of August. But I think have weight with you. Mr. Broadgate, as I need say no more to these men, but only to suppose you observe, has said enough to con- desire you to weigh their credit. Bolron and firm Turbervile's credit ; for he hath proved to Mowbray, I confess, have been evidence against you, that when he was tempted to renounce several men that have been accused of the his evidence against the papists, he refused to Popish Plot, but they have been so unfortunate do it, he had more conscience than to do it, he as never to gain credit with any jury. Mr. knew well enough what he had said was true, Smith bath been believed by the whole court of and as he had a soul to save, he could not go parliament: But if there were no more in the from it. This is the evidence that he gives, case, these are two men that never were yet and which certainly serves much to confirm believed, men that have been sworn and their the truth of Turbervile, besides the strict exa- own jary have rejected the credit of their testimination he hath been under, and beyond any mony : 'But besides that, comparing the testi-, thing that Dr. Oates, I think, has been able to monies and the difference that was between contradict him in.

them, is a sufficient evidence to confront all that Dr. Oates contradicts Smith about his com- they have said. ing from the coffee-house to Wilcox's dinner. I think, gentlemen, this is the substance of He says, he did not come along with Mr. Col- what hath been offered by his witnesses, against ledge, but Colledge came along with Dr. the witnesses produced for the king, except that Outes, and Smith followed them. But, gen- of Mr. Everard, who says something against tlemen, you hear what Smith hath declared Haynes, that Haynes should say, be swore for upon his oath, That they came both together self preservation. And against Mr. Smith he out of the coffee-bouse, and you hear what says, that he heard him say, he did not know his witness Mr. Smith the counsellor says: He of any Presbyterian Plot. I believe that may does not positively remember that circumstance, be true, and yet it does not contradict Smith's yet one would think he should ; for Oates, says, evidence against Colledge; for Mr. Smith does Mr. Smith the lawyer walked just before them, not tell you, that he was privy to any such deand Colledge followed. Mr. Šmith, that is the sign of the Presbyterians, that he knows of any witness for the king, he swears he came along consultations that they held, or the ways and with Colledge, but Mr. Smith the lawyer being means by which they would arrive at the treaasked that question, he does not remember that. son charged upon the prisoner at the bar; but Then another thing is, Dr. Oates says, when his evidence is, That this man declared there they were there, Colledge was so far from dis- was such a design, that there was a party coursing of any treasonable matters, that he would do it, and that he would be sure to be one, was very merry in the company, and talking and armed himself for that purpose: But his innocently; but Mr. Smith says, he was so not being privy to any plot, or knowing the far from being merry, or talking treason, that particulars, is no contradiction to what he he fell asleep, and "slept behind the table. said. Gentlemen, these objections you see what the This is that he hath produced for his defence, weight of them is, and how little the evidence and by these things he hath endeavoured to agrees one with another ; but there is nothing take off the credit of our witnesses, and be What dees contradict Mr. Smith in his main would have you believe that be is a very good evidence. It is possible they may not remem- Protestani, though he does that which no Prober particular circumstances, whether Mr. testant would do, and which is the Papists Colledge and Mr. Smith came together; so work; he bath produced you witnesses, that he

come together for aught they has gone to church, but I do not see he hath know, and they may not remember any cir- produced any witness at all that are now concumstance about their retiring, but they cannot versant with him, his own parishioners in Lone take upon them to swear it is not so, and their don; but if he brought never so many witnot remembering it does not prove it was so, nesses of his going to church, and of his con-, and tbe circumstance itself is so trivial, that formableness to the churcb, yet if he were

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guilty of these practices, he must give me leave and by stiling themselves by the name of to suspect the truth of his profession ; and I Protestants, should excuse themselves from any think it a great piece of arrogance for him to such crimes. take upon him the title of a Protestant, when he For the evidence that has been given, I shall hath abused that title by such unsuitable prac- not enumerate the particulars against the tices: And, Gentlemen, if such practices as prisoner at the bar, other than such as have these are, which we have fully proved, are such been omitted, (if I mistake not) by Mr. So. as all good men must abhor, 1 cannot but re- licitor. fiect upon the condition of this man, whose only In the first place, there are the things that hope is, that you should now forget yourselves, happened at Oxon, for you have had it already and become as ill as he is. But as that cannot be sufficiently told by my lords the judges who are presumed, so I shall not need to say any more upon the bench, and who (under Mr. Colledge's to you; you are men of that consideration, favour) are the prisoner's judges in the point of that can judge between things, and the appear- law, as you are his judges in point of fact. ances of them, and you know very well how to They have (I say) already told you what the give the due weight to the evidence we have law is in relation to treasons ; that in case the given to you, as well as the objections made treason be in two counties, if the witnesses by the prisoner; and so, gentlemen, I shall speak to the self same treason, though to difleave it to you.

ferent facts, that will be two witnesses to prove Serj. Jeff. May it please your lordship, and high-treason ; and that there hath been such a you gentlemen of the jury, it hath been a long case, the prisoner at the bar, who says he is a time that hath been spent in the course of this Protestant (for his own soul's sake I wish he evidence; whether there has been any art or were a good one) must take notice, that Gavan, design in protracting the time, on purpose to the great priest who was tried at Newgate, and obtrude upon the patience of the court, or that convicted, by what evidence? By one of them you, gentlemen, should forget the force of the that is a witness now against the prisoner at the evidence that 'bath been given against the bar, that is, Dugdale; his treason was comprisoner at the bar, when there bath been so mitted part in London, part in the country, of much time taken up unnecessarily, when there which part Dugdale gave evidence; but being was no occasion, as I must needs say, there both to the self same purpose, by the greater was not for such a tedious defence, I leave it to part of the judges, who were in the commisyou to determine: But which was truly inti-sion, and present at the trial, they were mated by the court at the beginning of the reckoned a sufficient testimony to prove him trial, must in the end of this cause be repeated, guilty of high-treason: And I hope we do not and indeed go through it all, that what we of live to that age, that any Protestanı whatsoeve the king's counsel, and what the prisoner has should come to trip up the heels of the Popish affirmed, that has not been given in proof, Plot; by saying, that any of them who suffered signifying nothing, and is not to be any guide at for it, did die contrary to law, or without suffiall to you. You are upon your oaths, and by cient proof: For if Mr. Dugdale was not a the oath you have taken, you are bound in person fit to be believed; or if the rest of the conscience to give a verdict according to the judges who tried Gavan were out in the law, evidence that has been given to you, and that then that man died wrongfully; for he bad as is your guide ; so that what we opened and much right to bave been tried according to the have not proved, is no more to be believed, than law, as any other person whatsoever. Therewhat the prisoner has said for himself in his fore, gentlemen, as to that matter, we must own defence; and whatsoever he says, if he submit it to my lords the judges, who are to make not good proof of it, is no more to be give you an account what the law is in all parregarded, than what we do who are for the ticulars before you; but as to the fact whereof king, have alledged, and not made out. you are judges, that is the great matter we

So then this being in the first place premised, shall apply ourselves to, and for that it stands I shall take care as near as I can to save the thus. time of the court, and not to trespass on your Here is Dugdale that does give you an ac. patience, gentlemen, unnecessarily, in a case count what his design was in coming to Oxwhereupon as great a concern does depend, ford how he came to be armed as an index, as perhaps ever came to trial at any bar: For, I gentlemen, of his mind. And pray give me say, 'tis a case wherein the life and the liberty leare to put you in mind of one thing. You of the king is concerned, and that is the great bave first a libel produced and read to you ; a concern of the nation ; then the religion of the pretended letter, wherein there are Queries that nation is concerned; I would be understood have been taken notice of, and which seem to aright, I mean the Protestant religion establish- back the evidence given by Mr. Masters : for ed by law; for I know of no other religion men there is a vindication in those Queries of the onght to sacrifice their lives and fortunes for, proceeding of the parliament of 1641, which be but the Protestant religion established by law; has contidence euiugh now at the bar to justify and when these things are concerned, 'tis a case too. But, gentlemea, you were told by the of great consequence: God forbid any person, court, and you know it, that that parliament was Protestant or other, should attempt the life of guilty of high rebellion ; and even in those the king, and the subversion of our religion, Queries he asperses not only the government

that every

but every man that has any concern in it; for man that desires to preserve the government it takes notice not only of the king, but of all his according to law, will hear with the greatest council. Never a judge nor an officer in the detestation and abhorrence; he talked of the nation but is traduced by it; and which is the taking away the life of the late king of blessed most material, it was the foundation of that meinory at such an impudent rate, libel which has been mentioned to you, and true protestant's blood would curdle at the hearwhich Fitzharris was so justly condemned and ing of it. And this he said not only to Mr. executed for ; that most traiterous and infamous Masters, but he justified it to Mr. Smith too. libel in part of it has these Queries, and a great Jo the next place you have Turbervile, who paragraph of this libel makes up part of that gives you all the reasons, how he did not only libel of Fitzharris, wbich onr witnesses say, Mr. tell of these things himself, but encouraged Colledge was pleased to affirm was as true as him to prepare himself accordingly, and he gave God is in heaven. Another thing is this, this bim a mark, a ribbon with No Popery, no gentleman, whose proper business it had been Slavery. These were marks whereby they to manage his employment at London for a were to be known, and they were to be one and joiner, is best seen in his proper place, using his all, as they call it, that when such a blow was proper tools of his trade. I think it had been struck, they would be ready to fall in. There much more proper for him, and I believe you is one thing more that I take notice of, that is will think so too, than to come with pistols and what was said by a gentleman, sir William those accoutrements about him, to be regulating Jennings, which is a confirination of all the of the government; what have such people other evidence, that gentleman who hath apto do to interfere with the business of the go- peared to you to be a inau of honour, even by vernment? God be thanked, we have a wise the contession of Mr. Colledge bimself, and by prince, and God be thanked he hath wise coun- his own words; for he said like an honest man, sellors about him, and he and they know well and like a loyal man too, that he would rather enough how to do their own business, and not to engage himself in three dangers for the service need the advice of a joiner, though he calls him of the king at sea, than come in cold blood to self the Protestant Joiner. What had, he to do give evidence against a man for his life at the to engage himself, before his advice was re- bar. And yet this man who tells you of this quired? How comes he to concern himself, so himself, and that very person whom Colledge much that after he had writ this libel, wherein himself calls a worihy person, bath giver you he is pleased to take notice of tyrants, after this account, that when he told him his nose wards should go to make a prini, I mean the bled, he answered him “ It was the first blood lost Rary Shew? And when Dugdale comes to en- in the cause, but it would not be long ere there quire of him, what do you mean by such a was more lost:" an excellent cause for a man thing, the tyrant shall go down ? says he, i to venture his blood in. When he was told of mean by that, the king. And what do you this, he began to put it off, and to use his own mean by having them to go to Breda ? Why, words had a great mind to shain off the business, there be explains it, that he puts all the govern- but in truth there was no answer given to it. ment, the lords and the bishops upon the king's Gentlemen, the objection that hath been made back, and being asked what he meant to bave against the evidence that bave

not been taken done with them, Why, the bishops and the notice of, I desire to take notice of. I think king, and all were to go to Breda." These are against three of them there has been only Mr. the things that himself did acknowledge he was Oates, and Mr. Oates, I confess, has said, .in the author of, and these prints he dià cause to verbo sacerdotis,' strange things against Dugbe made, and he is the person that gives you dale, Smith, and Turbervile : 1 bave only the an account, that it was but the conception and affirmation of Mr. Oates, and as ill men may imagination of Dugdale, that Rowiey meant become good men, so many good men become the King; but Dugdale being called again, he ill men ; or otherwise ) know not what would be

you after some time, that he was under come of some part of Mr. Oates's testimony. some difficulty to know the meaning of it; and And in the next place, if these men have not then Colledge tells him it was meant the king sworn true, I am sure Mr. Oates must stand and some expounded it to him. And so Smith alone in the greatest point, in which all the evitells you of the same name of Old Rowley dence agree, that is, the popish plot. again. Gentlemen, thus I tell what hath been But, gentleman, I must take notice to you, omitted. The evidence hath been long, and that it is strange to me, that ever you, upon therefore we must be pardoned, if we can't ex- your consciences, should perjure three men, actly repeat it. This is the evidence that was who positively upon their oaths deny any such done at Oxon, the next is Mr. Smith, who speaks discourses as Mr. Oates speaks of against them, of what was done in London, and he is an evi- I do put that upon your consciences, whether dence both as to the word Rowley, as to the you, upon the bare afirmation of Mr. Oates, in coming with arms, and as to the declaring to this place, will convict three men, upon whose what end he came, and what he had done. Mr. testimony the lives of so many as have suffered Häynes

, he tells you, both before and after the have been taken away, and, as we protestants same, and that I must take notice of to you, Mr, do believe, justly. I say, whether you will do Smith does particularly say he used those words it upon the bare affirmation of Mr. Oates, which I hope every honest man, and every good against their oaths.

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VOL. VIII,

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