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In the next place, gentlemen, I must tell you, Colledge. Never in my life. besides the positive evidence of these gentlemen Serj. Jefferies. It was so said. But I do say, there is circumstance of improbability in the gentlemen, suppose (which I do not admit) very words he speaks of. Will any man tell that the Irishman he 'speaks of be out of the me, that after such time as men have given their case ; not that the country is an objection oathis, as Smith bad given his that he was con- against any man's testimony, God forbid it cerned, and so had Dugdale and Turbervile too, should be so afirmed ; for truth is not conthat these men should come and voluntarily tell Aned to places, nor to persons neither, but apDIr. Oates they were all forsworn, are these plied to all honest men, be they Irishmen or men such great coxcombs as he would have us others; but I say, set Mr. Haynes out of the to believe? Is it so probable a thing, that any case : Suppose there was no such man as men of common knowledge would do it? Haynes in this case; yet I must tell you, gen. Do you think a man of that knowledge and tlemen, you have as great a proof as possibly consideration, as Smith is, an allowed scholar can be. and a man of known learning; and Mr. Dug- In the next place, I must take notice to you dale, who has been reckoned by all men to be a of some account that hath been given of him good evidence ; do you take these men to be by himself: It is wonderful strange, when such absolute rovices, that they must seek an there was that kindness of intimation given by occasion to tell bim they were bribed off, and the court, that he should do well to prove his were forsworn? If you can think this, and if a loyalty, as well as his religion, but he did not bare affirmation against these positive oaths produce some of his later acquaintance
. If can prevail ; gentlemen, upon your consciences this man that makes himself a protestant
, would be it.
have it believed he is such, I wish he would In the next place, it is a strange sort of thing have brought some of these men that knew to believe Mr. Smith should come out of a him at London, to give you some account of him, coffee-house, where a quarrel is pretended to and not to stretch backwards 16 years to prove have been between him and Colledge; but Mr. his birth and education ; that is not the best acSmith dves, upon his oath, say, he never had count sure a man can give of himself, to say, any such quarrel with him, and that he should after he hath been talking at this disloyal rate, fall a damning and sinking against Colledge, that he is a good protestant, because he was and against the Gospel, that there should be thought so eighteen years ago. such impudence in the world in any man as to Again, in the next place, here is an account desire or wish such a thing : Gentlemen, these of the libel given by the old woman that is bis are strange sorts of apprehensions, and men sister ; truly she would have it, and that is must have very strange thoughts, that can another libel at the bar, as though the strain themselves up to the belief of them. man in the red coat, with R. C. upon it, had
In the next place, here it is said by the pri- dropped this kind of libel in his house, and so soner, Good Lord! What a condition we shall he, or somebody else, puf a trick upon him; he in! Here is a plot upon the protestants ! and because she would inveigle you in such a I hope in God there is no protestant plot, but I interpretation, she says, that they staid behind also hope the whole interest of the protestant till the man in the red coat had fetched away religion is not involved in the prisoner at the the shavings, and so here is a new sham plot bar, and all will be destroyed, if Mr. Colledge to be put upon the prisoner, by dropping papers dies for treasons. Gentlemen, the question is in his house ; a pretty kind of insinuation. not, whether there be a presbyterian or a pro- But, gentlemen, against the evidence of this testant plot, we declare we know of none; but woman, you bave the very person that was whether the prisoner at the bar bave spoken there, the officer, who swears, that he and his such words, and done such things as are sworn fellows came before the waterman into the against him. And I would fain know what all house : But I suppose, you observe bow that the discourses we have had about Irish witnesses notable talking maid and she do agree ; for the and papists signify, when in all the course of maid tells you, there came a strange fellow our evidence, there has been but one Irish, and seren weeks before, delivered these things into never a papist : But bere have been great dis- her hands, her master was abroad, and she was courses about Macpamarra, and Denis, and not to enquire whence they came, or what they what it hath been for, but to make a noise and were, but paid him sixpence for bringing those raise a dust, I cannot tell, for in this case there things. Now it is rery strange that the maid has not been one Irishman besides Haynes, and should pay for the bringing of those things, derer a papist throughout the whole evidence: and yet after all should imagine that someSo that it is easy, if men think it will take with body else should put them there. the auditory, for a person to cry out, O Lord! But now, gentlemen, in the next place, I We are all like to be undone, here are Irish wit must tell you another thing, which I would Desses brought against us. And yet, after all beg you to take notice of: Here are two genthis stir, there is but one Irish witness, and tlemen, Mr. Bolron and Mr. Mowbray, and never a papist. And as for bim, truly, gentle they have given you an account, that they have men, I must take notice, that even Colledge been evidence against the papists; they did
himself, till such time as he was taken, reckoned well in it; but it hath been their misfortune, him an honest man
hitherto they have not boen believed ; but whicther they have been believed or not before, is giren to you, you are bound in your consciences no guidance to you at this time: But that to go according to your evidence, and are which is to guide you is, whether or not they neither to be inveigled by us beyond our proof, have given you now a testimony that you in nor to be guided by your commiseration to the your consciences can believe. Now, can you prisoner at the bar against the proof ; for as believe what they have said ? Nay, can you God will call you to an account, if you do an believe it without any circumstance to confirm injury to him, so will the same God call you to it
, against those express objections that arise account, if you do it to your king, to your relifrom themselves, and against the oath of the gion, and to your own souls. person, when the one tells you so exactly of Lord Chief Justice. Gentlemen, I shall dethe 25th, 26th, 27th, and 28th of July ; and tain you but a little, and shall be as short as I the other tells you, that Smith took post, and can, for your patience has been much exeryet overtook them not till the Sunday after, cisel already : It is a burden, and a necessary which was the 3d of August ; and when the one, that lies upon us all, for there is nothing Almanack is produced, it was 60 far from more necessary, than that such trials as these making out what they spake of to be the same should be intire and public, intire for the distime, that whereas one said he came to London patch of them, and public for the satisfaction of the 28th, the other's Almanack says it was the world, that it may appear no man receives the 27th? Then pray now do these per- his condemnation without evidence, and that go sons agree, when the one says, that Mr. Smith man is acquitted against evidence. talked" with him upon the road the 28th, Gentlemen, there are these two considerationis and the other says, that they came to London in all cases of this nature; the one is, the force the 27th ? These are circumstances, gentle of the evidence ; the other is, the truth of men, that you must weigb; and you may the evidence. As to the force of the evidence, bring the north and south together, as soon as that is a point of law that belongs to the court their two testimonies, they are so far asunder. and wherein the court is to direct you ; as to Besides, gentlemen, I hope you take notice of the truth of the evidence, that is a question in a person that was sworn, a person of some quality, fact arising from the witnesses, and must be a scholar in the university here, that says left upon them, whereof you are the proper Bolron, though he denied it, did shew him one judges. of these pictures, and did discover they were As to the force of the evidence in this case, Mr. Colledge's; and Bolron himself, his own it must be considered what the charge is; it witness, tells you, that he did acknowledge one is the compassing the death of the king, and of those pictures was his. It appears then conspiring to seize the person of the king, bow busy he was, and concerned himself in which is the same thing in effect ; for even by what belongs not to his profession.
the common law, or upon the interpretation of So that, upon the whole matter, after this the statute of the 25th of Edw. 3. that menlong evidence that hath been given, I nust tions compassing the death of the king to be wholly appeal to your lordships and the jury; treason, it hath always been resolved, that whoas to che law, to your lordship and the court; soever shall imagine to depose the king, or imand as to the fact, to the jury : For I do not prison the king, are guilty of imagining the desire any sort of evidence should be strained death of the king ; for tiey are things that against a prisoner at the bar, who there is to be depend upon one another; and never was any tried for his life. God forbid, if he be inno- king deposed or imprisoned, but with an intencent but he should be acquitted ; but, on the tion to be put to' death; they are in conseother side, consider the murder of that great quences the same thing. king of ever blessed memory is before you, Now, gentlemen, in cases of treason the law and remember that base reflection which is so tender of the life of the king, that the the witnesses tell you of upon that horrid very imagination of the heart is treason, 'if action ; and as a great evidence, remember there be any thought concerning any such that seeming vindication of it at the bar, which thing ; but then it must be manifested by some certainly no Englishman, no Protestant, accord- Overt-act, upon the statute of the 25th Edw. 3. ing to the church of England, can hear with but upon the statute of the 13th of this king, out having his blood stirred in him. And these made for the preservation of the king's person, things are not only testified by Dugdale and it it be manifested, be malicious and advised Smith, but by gentlemen of known reputation speaking, it is sufficient. This is as to the and quality ; and he hath a little discovered charge, and as to the law concerning that himself by that defence he hath made against charge, I must tell you, there must be two wittheir testímony. But know, gentlemen, that nesses in the case. the king is concerned, your religion is concern- Now then, for the force of the evidence, the ed, that plot that is so much agreed to by all question will arise here, whether this evidence, Protestants is concerned ; for if Dugdale
, admitting it to be true, is sufficient to maintain Smith, and Turbervile be not to be believed, the indictngent; so that if there be two wityou trip up the heels of all the evidence and nesses, you must find him guilty. Now as to discovery of that plot. Then I will conclude this, gentlemen, the prisoner has before-hand to you, gentlemen, and appeal to your consci- called upon the court, and had their resolution ; dices; for according to the oath that has been and I hope you will remember what hath been
said, and I shall have occasion to trouble you Why then, the next head is concerning the the less. There have been six witnesses pro- truth of this evidence, of which you are to be duced for the king ; there are two of them, sir judges, and you are the proper judges wheWilliam Jennings and Mr. Masters, that are ther the witnesses speak true or no ; therefore some way applicable to the case, though they you must have your own consciences to direct do not go to the treason, they are only to infer you in that case, and what I shall say about the probability of the treason. This of sir them, shall be only for your assistance. William Jennings, was upon the occasion of Gentlemen, I shall not take upon me to rethe bleeding of the prisoner's nose, after his peat the evidence to you, it has been long ; and quarrel with Fitzgerald, when he said, He had for me to speak out of memory, 1 bad rather lost the first blood, and it would not be long ere you should recur to your own memories, and there would be more lost; which shews there your own notes; only I shall say something were some extraordinary thoughts in his heart, in general to contract your consideration of it. concerning some divisions, quarrels, and fight- And, as I told you at first, you must mind ing that be expected should be. That which nothing of what the king's counsel said, for Mr. Masters has said, besides what he offered notbing must have impression upon you, but concerning his principles in justifying the long what they proved; so you are not to consider parliament, was this, That when he called him any thing of the facts the prisoner speaks of, colonel, Marry mock not, said he, I may be co- that are not proved neither ; for common juslonel in time ; that shews some extraordinary tice is concerned in it, and no justice can be thoughts were in his heart.
done at that rate, if the prisoner's own affirColledge. Will not that bear a more fa- mations or purgation should be taken. No man vourable interpretation, my lord? Must that ever can be accused but he will be ready to say necessarily follow upon my saying, I might be he is innocent, and say as fourishing and poa colonel in time ; and that more blood would pular things as ever he can for himself. And be lost ? if I had expressed it so.
therefore these things must not weigh with you L. C. J. I say, you had some extraordinary further than as was said, argues upon the proofs thoughts in your beart.
you have bad. And you are to consider upon Colledge. I am, sure, fittest to explain my ihe proofs what the prisoner has produced, not own thoughts.
what he says; on the other side, for the proofs L. C. J. You would have done well to have you have heard a great many witnesses in ge explained it which way you expected to be a neral produced by him, that say he was bred colonel.
a protestant, and has been an honest man, that Colledge. It was not in expectation, for a they knew no ill by him ; that will be of little may be may not be ; my word was, mocking weight in a case of this consideration ; for is catching ; I thought he had called me unless he was a man that had committed treacousin.
son to the knowledge of all the world, there is no L. C. J. Well, gentlemen, these are witnesses man but can produce witnesses that know no ill I say, that go not to the treason but only re- of him, nor any treason nor harm in him : late and reflect somewhat, to shew there were wherefore the question will lie upon the credit thoughts in his heart; but nobody could tell of the witnesses produced for the king barely, what they were, or kuow what he meant by and that will be the consideration you are only them.
to have, and you are to weigh them in the baColledge. Then they are always to be taken lance against the witnesses produced against in the best sense.
them. L. C. J. For, the other witnesses, Stephen Now, gentlemen, for these witnesses, I shall Dugdale, John Smith, Bryan
Haynes, and not repeat them to you ; but only this I shall Edward Turbervile, they are all of them, tak- observe in general, that Dugdale and Turbering what they say to be true, very full wit- vile, that are the two most material witnesses nesses. The prisoner bath objected as to two of relating to what was spoken in Oxfordshire, them, because they speak to nothing that was have the least said against them. I do not redone in Oxfordshire ; hut Turbervile and Dug- member, 1 profess to you, I do not (but your dale they speak to wbat was said in Oxford- own notes must guide you) that there was any shire. Now for that I must tell you, if you very material thing said against tbem, except believe any of these wituesses, as to what was whát is said against them by Dr. Dates; and Dr. said in Oxford, and any of them as to what Oates does say against Smith, that he came out of was said in London, relating to the same fact the coffee-house and swore damn bim he would of treason, they will be two good witnesses to have Colledge's blood, and when he reproved him, maintain the indictment, though the one is in he said it was not fit for a minster of the gospel the one county, and the other in another; for to use such expressions, he said, God damn the if a treason be committed in two counties, it is gospel ; if that be true it is a reflection upon the king'selection where he will exhibit the in- the credit of Smith. He says as to Dogdale dictment, and the evidence from both counties that when he was expostulating with him about these four witnesses, with that consideration in want of money, and was pressed to it, and that they are true, as I think, are full witnesses being asked, he did say, he was pressed to swear to maintain this indictment,
against his conscience, and said yes ; and much
of the same kind he says as to Turbervile, that Then the court called for two bottles of sack, he said he was deserted, and would not starve. which the jury divided among themselves at Vow all these three witnesses being called the Bar, for their refreshment, in the presence upon their oaths, deny that which Dr. Oates of the Prisoner. testifies.' Now if it were in an indifferent and
After which a Bailiff was sworn, and the probable matter to bave three men condenned, jury withdrawing to consider of their verdict, and set aside by the testimony of ove, is not the Court adjourned for half an hour, and when equal unless the man were of migbty extraordinary credit, and his testimony of more than they returned, Proclamation being made for ordinary weight. But then I must
tell you, this attendance, the Court sent to see whether the matter is very improbable, that after witnesses jury were agreed, who immediately came into
Court. had sworn a thing, they should voluntarily acknowledge themselves to be forsworn, and that Cl. of Cr. Gentlemen, are you agreed of without any provocation, they should at se- your verdict ?-Om. Yes. veral times come to this one inan, and declare Cl. of Cr. Who shall
for themselves rogues and villains ; but if it were Om. Foreman. probable, here are three men's oaths against Cl. o Cr. Stephen Colledge, hold up thy one man's affiirmation ; this I say, as to what hand. Look upon him, you of the jury : how concerns Dagdale and Turbervile, I do not see say you, is he Guilty of the high treason, any thing material against them; besides, now whereof he stands indicted, or Not Guilty ? if you believe them, they are two witnesses to Foreman. Guilty. the full matter of the indictment, and two Cl. of Cr. Look to him, gaoler, he is found witnesses to what was done in Oxfordshire, Guilty of high treason ; what goods,&c. and that satisfies all the considerations of the
[At which there was a great shout given ; law. As to the rest of the witnesses, Bryan who was observed by the Crier to be parti
at which the Court being offended, one person Haynes and John Sinith, you have had many cularly concerned in the shout, was committed witnesses produced against them; I shall not undertake to repeat the evidence, it is your place
to gaol for that night, but the next morning and duty to weigh their testimony, and I shall having received a public reproof, was disleave it to your consideration.
charged without fees.] Just. Jones. I shall add nothing to what my Then, it being about three o'clock in the lord bath said, nor indeed can.
morning, the Court adjourned to ten. At Coll. My lord, I wish you would look upon which hour, the Court being sat, and first Mr. your notes, you would then find there was Aaron Smith having entered into a recognimuch more evidence, that you have not re- zance of 500l. to appear the first day of the peated, against Turbervile and Dugdale, be- next term, at the Court of King's-bench. sides w bat your lordship urged.
L. C. J. Where is the prisoner, Stephen L.C. J. If there be, I refer it to the me- Colledge ? mory of the jury, I can remember no more. cl. of Cr. Set up Stephen Colledge. Coll . I desire nothing but justice, and true
Then the Prisoner was brought to the har. justice.
L. C. J. I am sure I design nothing else, Cl. of Cr. Hearken to the Court, and hold you are a stranger to me; I believe I have up thy band : thou bast been indicted and arseen your face, but I never
knew you by name raigned of high treason, and for thy trial hast till now. Look you, if the jury be like to stay, put thyself upon thy country, and they have they may take something to refresh themselves found thee Guilty ; what canst thou say for at the bar before they go.
thyself, why the Court should not give judgColl. My lord, I did see when the bill was ment on thee to die according to the law ? brought against my lord Howard, Mr. Attorney Coll. My lord, I have nothing more to offer, General and Mr. Solicitor were an hour and but only that I am innocent of what is laid to half with the Grand-jury.
my charge ; I think it was severe against me, Serj. Jeff
. You must say nothing now. now contrary to what was sworn at London : Coll
. Let me have justice done me, my lord, they swear now, I was to seize the king at that is all I crave, that nobody may be with Oxon, in London they swore I would pluck the
king out of Whitehall, but it is altered since, L. C. J. Look you, Mr. Colledge, they and now it is to seize the king at Oxon ; but might be with the Grand-jury, but as to the be it either one or the other (for the one is as petty jury, there shall be a bailiff sworn, and true as the other) I ain wholly inuocent of heither Mr. Attorney, nor Mr. Solicitor, nor either, I never had such a thought in my life, nobody else shall come to them till they be God forgive them that have sworn against me; agreed of their verdict.
I have no more to say, my
lord. Just. Jones. If that be the thing you ask, L. C. J. Look you, Mr. Colledge, it is too you shall have it according to the law. late to profess your innocence, you have been Coll
. And any friend of mine may be by. tried, and found Guilty ; but because you say L. C. J. There shall be an officer sworn to so now, it is necessary for me to say somekeep them,
thing in vindication of the verdict, which I
think the Court were all very well satisfied | needed a guard ; for I believe there was not a with : there were sufficient proofs to warrant man that had any thing that looked like that, it, and the jury did according to justice and or any thing of that nature. For we saw, that right. I thought it was a case, that as you when the king by the necessity of his affairs
, made your own defence, small proof would when the two houses differed so much, was serve the turn to make any one believe you pleased to dismiss them; they all departed Guilty. For as you would defend yourseli by quietly, not a man was seen to be disturbed ; pretending to be a Protestant, I did wonder, I there was no appearance of any such thing; must confess, when you called so many wit- and how it should come into your head, that nesses to your religion and reputation, that were but a private man, to go to guard the none of them gave an account that they saw parliament, I much wonder. Suppose all men you receive the Sacrament within these many of your condition should have gone to have years, or any of them particularly had seen guarded the parliament, what an assembly had you at church in many years, or what kind of there been ? what a bustle might they have Protestant you were. If we look to your made, and what confusion might have been on words and actions, it is true, they did prove a sudden ? And though you say you are no this, that you were mighty violent and zealous man of quality, nor likely to be able to do any in crying out against popery and the papists; thing upon the king's guards, or the king's but it we look to your actions, they favoured person, yet if all of your quality had gone rather to promote the papists ends. For I must upon the same design that you did, what ill tell you, the papists are best extirpated, and consequences might have been of it? We see suppressed by a steady, prosecution of the laws what has been done by Massianello, a mean against them, not by violent cryings-out, and man in another country, what by Wat Tyler putting the people into fervent heats and con- and Jack Straw in this kingdom. 'I confess, I tusions, for that is the thing the papists aim at; know not what you meant by it, but very ill they have no hopes any other way to creep things might have happened upon it. into the kingdom, but hy confusion, and after So that these things, when I look upon the church is destroyed, that is under God the them, and consider the
complexion of your de best bulwark against them. But you that fence, it makes an easy proof have credit. But cried so loud against the papists it was proved I think there was a full proof in your case ; kere, who you called papists. You had the yet I say if there had been a great deal less boldness to say that the king was a papist, the proof, the jury might with justice have found bishops were papists, and the Church of Eng- you Guilty. And because you dow declare land were papists. If these be the papists yourself innocent of all you are charged with, you cry out against, what a kind of Protestant i think myself bound to declare here in vindiyou are, I know not, I am sure you can be no cation of the country, and in vindication of the good one. But of that thing, when you called justice of the Court, that it was a verdict well so many witnesses to that purpose, and if we given, and to the satisfaction of the Court, and look to your politics, what opinion you had of I did not find my brothers did dislike it. This the king, it was proved by your discourse, I say to you out of charity, that you may in and by witnesses, that you could have no ex- cline your mind to a submission to the justice ception to their testimony, that you did justify that has overtaken you, and that you may the late horrid rebellion, and the consequence enter into charity with all men, and prepare of that was the murder of the best king in the yourself for another life. world, that you should go to justify the pro- There is nothing now remaining, but to proceedings of that parliament, and affirm that nounce the sentence which the law provides for they did nothing but what they had just cause such an offence, which is this, and the court to do. I say, he that will justify such a thing, does award, . That you Stephen Colledge shall if there were the same circumstances, would be carried from hence to the place from do the same thing again.
• whence you came,
and from thence you shall Then if we look upon another part of your • be drawn on an hurdle to the place of execudefence, as to your arms, it was objected, you • tion, where you shall be hanged up by the went armed to Oxon, and that was made the neck, and be cut down alive, your privy menevidence of the Overt-act when you said by bers shall be cut off, and your Lowels taken words your intentions what you would do, that out and burnt before your face, your head you would make one to seize the king ; that • shall be cut off
' froru your body, your body be you did go armed, you did confess; I expected • divided into four quarters, which are to be at the you should have said, you only wore those king's dispose, and the Lord bave mercy upon things for your own defence upon the road as your soul. a gentleman travelling, or went with your Colledge. Amen. My lord, I would know friends to accompany them out of town, and what time your lordship is pleased to appoint defend them from robbery ; but you said, you for my execution. went to guard the parliament. I did not un- L. C. J. That will depend upon the king's derstand what you meant by it. I do not be pleasure, we do not use in these cases of Highlieve the parliament sent for any guard, or in- Treason to precipitate the execution ; but we tended to have any guard. I do not believe will leave such order with the sheriff to receive that any of them in their hearts thought they the king's pleasure and obey it. He will not