In the next place, gentlemen, I must tell you, besides the positive evidence of these gentlemen there is circumstance of improbability in the very words he speaks of. Will any man tell me, that after such time as men have given their oaths, as Smith had given his that he was concerned, and so had Dugdale and Turbervile too, that these men should come and voluntarily tell Mr. Oates they were all forsworn, are these men such great coxcombs as he would have us to believe? Is it so probable a thing, that any men of common knowledge would do it? Do you think a man of that knowledge and consideration, as Smith is, an allowed scholar and a man of known learning; and Mr. Dugdale, who has been reckoned by all men to be a good evidence; do you take these men to be such absolute novices, that they must seek an occasion to tell him they were bribed off, and were forsworn? If you can think this, and if a bare affirmation against these positive oaths can prevail; gentlemen, upon your consciences be it. In the next place, it is a strange sort of thing to believe Mr. Smith should come out of a coffee-house, where a quarrel is pretended to have been between him and Colledge; but Mr. Smith does, upon his oath, say, he never had any such quarrel with him, and that he should fall a damning and sinking against Colledge, and against the Gospel, that there should be such impudence in the world in any man as to desire or wish such a thing: Gentlemen, these are strange sorts of apprehensions, and men must have very strange thoughts, that can strain themselves up to the belief of them. In the next place, here it is said by the prisoner, Good Lord! What a condition we shall be in! Here is a plot upon the protestants! I hope in God there is no protestant plot, but I also hope the whole interest of the protestant religion is not involved in the prisoner at the bar, and all will be destroyed, if Mr. Colledge dies for treasons. Gentlemen, the question is not, whether there be a presbyterian or a protestant plot, we declare we know of none; but whether the prisoner at the bar have spoken such words, and done such things as are sworn against him. And I would fain know what all the discourses we have had about Irish witnesses and papists signify, 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 Denis, and what it hath been for, but to make a noise and raise a dust, I cannot tell, for in this case there has not been one Irishman besides Haynes, and never a papist throughout the whole evidence: So that it is easy, if men think it will take with the auditory, for a person to cry out, O Lord! We are all like to be undone, here are Irish witnesses brought against us. And yet, after all this stir, there is but one Irish witness, and never a papist. And as for him, truly, gentlemen, 1 must take notice, that even Colledge himself, till such time as he was taken, reckoned an honest man. Colledge. Never in my life. Serj. Jefferies. 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 man's testimony, God forbid it should be so affirmed; for truth is not confined to places, nor to persons neither, but applied to all honest men, be they Irishmen 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, but 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 these men that knew him at London, to give you some account of him, and not to stretch backwards 16 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 eighteen years ago. Again, in the next place, here is an account of the libel 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 in 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 do 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 sixpence for bringing those things. Now it is very strange that the maid should pay for the bringing of those things, and yet after all 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 whe ther 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 consciences can believe. Now, can you believe what they have said? Nay, can you 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 25th, 26th, 27th, and 28th of July; and the other tells you, that Smith took post, and yet overtook them not till the Sunday after, which was the 3d 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 28th, the other's Almanack says it was the 27th? Then pray now 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 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 Bolron, though he denied it, did shew him one of these pictures, and did discover they were Mr. Colledge's; and Bolron himself, his own witness, tells you, that he did acknowledge one of those pictures was his. It appears then how busy he was, and concerned himself in what belongs not to his profession. 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. Lord Chief Justice. 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 trials as these should be intire and public, intire for the dispatch of them, and public 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 of 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, and must be left upon them, whereof you are the proper judges. As to the force of the evidence in this case, it must be considered 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 So that, upon the whole matter, after this the statute of the 25th of Edw. 3. that menilong evidence that hath been given, I must 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 the 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 they 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, 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 Englishman, 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 discovered 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 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 25th Edw. 3. but upon the statute of the 13th of this king, made for the preservation of the king's person, if it be manifested, be malicious and advised speaking, it 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 here, 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 T 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 prisoner's nose, after his quarrel with Fitzgerald, when he said, He had lost the first blood, and it would not be long ere there would be more lost; which shews there were some extraordinary thoughts in his heart, concerning some divisions, quarrels, and fighting that be 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 colonel in time; that shews some extraordinary thoughts were in his heart. 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 king's 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 speaks of, that are not proved neither; for common jus tice is concerned in it, and no justice can be done at that rate, if the prisoner's own affirColledge. Will not that bear a more famations or purgation should be taken. No man vourable interpretation, my lord? Must that necessarily follow upon my saying, I might be a colonel in time; and that more blood would be lost? if I had expressed it so. L. C. J. I say, you had some extraordinary thoughts in your heart. Colledge. I am, sure, 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. 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 nobody could tell what they were, or know what he meant by them. Colledge. Then they are always to be taken in the best sense. ever can be accused but he will be ready to say he is innocent, and say as flourishing and popular things as ever he can for himself. And therefore these things must not weigh with you further than as was said, argues upon the proofs you have bad. And you are to consider upon the proofs what the prisoner has produced, not what he says; on the other side, for the proofs you have heard a great many witnesses in ge neral produced by him, that say he was bred a protestant, and has been an honest man, that they knew no ill by him; that will be of little weight in a case of this consideration; for unless he was a man that had committed trea son to the knowledge of all the world, there is no man but can produce witnesses that know no ill of him, nor any treason nor harm in him: wherefore the question will lie upon the credit of the witnesses produced for the king barely, and that will be the consideration you are only to have, and you are to weigh them in the balance against the witnesses produced against 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 hath 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, I profess to you, I do not (but your dale they speak to what was said in Oxfordshire. Now for that I must tell you, if you believe any 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, though the one is in the one county, and the other in another; for if a treason be committed in two counties, it is the king's 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, own notes must guide you) that there was any very material thing said against them, except what is said against them by Dr. Oates; and Dr. Oates does say against Smith, that he came out of the coffee-house and swore damn him he would have Colledge's blood, and when he reproved him, he said it was not fit for a minster of the gospel to use such expressions, he said, God damn the gospel; if that be true it is a reflection upon the credit of Smith. He says as to Dugdale that when he was expostulating with him about his evidence, he excused himself, that he was in want of money, and was pressed to it, and being asked, he did say, he was pressed to swear against his conscience, and said yes; and much 713] STATE TRIALS, 33 CHARLES II. 1681-for High Treason. of the same kind he says as to Turbervile, that probable matter to have three men condemned, [714 Then the court called for two bottles of sack, which the jury divided among themselves at the Bar, for their refreshment, in the presence of the Prisoner. After which a Bailiff was sworn, and the jury withdrawing to consider of their verdict, the Court adjourned for half an hour, and when they returned, Proclamation being made for attendance, the Court sent to see whether the jury were agreed, who immediately came into Court. you ? Cl. of Cr. Gentlemen, are you agreed of your verdict ?-Om. Yes. for say Cl. of Cr. Who shall and declare Om. Foreman. Cl. of Cr. Stephen Colledge, hold up thy hand. Look upon him, you of the jury how say you, is he Guilty of the high treason, whereof he stands indicted, or Not Guilty? Foreman. Guilty. As to the rest of the witnesses, Bryan Haynes and John Smith, you have had many witnesses produced against them; I shall not undertake to repeat the evidence, it is your place and duty to weigh their testimony, and I shall leave it to your consideration. Just. Jones. I shall add nothing to what my lord hath said, nor indeed can. Coll. My lord, I wish you would look upon your notes, you would then find there was much more evidence, that you have not repeated, against Turbervile and Dugdale, besides what your lordship urged, L. C. J. If there be, I refer it to the memory of the jury, I can remember no more. Coll. I desire nothing but justice, and true justice. L. C. J. I am sure I design nothing else, you are a stranger to me; I believe I have seen your face, but I never knew you by name till now. Look you, if the jury be like to stay, they may take something to refresh themselves at the bar before they go. Coll, My lord, I did see when the bill was brought against my lord Howard, Mr. Attorney General and Mr. Solicitor were an hour and half with the Grand-jury. Serj. Jeff, You must say nothing now. Coll. Let me have justice done me, my lord, that is all I erave, that nobody may be with the jury. L. C. J. Look you, Mr. Colledge, they might be with the Grand-jury, but as to the petty jury, there shall be a bailiff sworn, and neither Mr. Attorney, nor Mr. Solicitor, nor nobody else shall come to them till they be agreed of their verdict. Just. Jones. If that be the thing you ask, you shall have it according to the law. Coll. And any friend of mine may be by. L. C. J. There shall be an officer sworn to keep them. Cl. of Cr. Look to him, gaoler, he is found Guilty of high treason; what goods, &c. [At which there was a great shout given; at which the Court being offended, one person who was observed by the Crier to be particularly concerned in the shout, was committed to gaol for that night, but the next morning having received a public reproof, was discharged without fees.] Then, it being about three o'clock in the morning, the Court adjourned to ten. At which hour, the Court being sat, and first Mr. Aaron Smith having entered into a recognizance of 500l. to appear the first day of the next term, at the Court of King's-bench. L. C. J. Where is the prisoner, Stephen Cl. of Cr. Set up Stephen Colledge. Cl. of Cr. Hearken to the Court, and hold up thy hand: thou hast been indicted and arraigned of high treason, and for thy trial hast put thyself upon thy country, and they have found thee Guilty; what canst thou say for thyself, why the Court should not give judgment on thee to die according to the law? Coll. My lord, I have nothing more to offer, but only that I am innocent of what is laid to my charge; I think it was severe against me, now contrary to what was sworn at London: they swear now, I was to seize the king at Oxon, in London they swore I would pluck the king out of Whitehall, but it is altered since, and now it is to seize the king at Oxon; but be it either one or the other (for the one is as true as the other) I am wholly innocent of either, I never had such a thought in my life, God forgive them that have sworn against me; I have no more to say, my lord. L. C. J. Look you, Mr. Colledge, it is too late to profess your innocence, you have been tried, and found Guilty; but because you say so now, it is necessary for me to say something in vindication of the verdict, which I | needed a guard; for I believe there was not a man that had any thing that looked like that, or any thing of that nature. For we saw, that when the king by the necessity of his affairs, when the two houses differed so much, was pleased to dismiss them; they all departed quietly, not a man was seen to be disturbed; there was no appearance of any such thing; and how it should come into your head, that were but a private man, to go to guard the parliament, I much wonder. Suppose all men of your condition should have gone to have guarded the parliament, what an assembly had there been? what a bustle might they have made, and what confusion might have been on a sudden? And though you say you are no man of quality, nor likely to be able to do any thing upon the king's guards, or the king's person, yet if all of your quality had gone upon the same design that you did, what ill consequences might have been of it? We see what has been done by Massianello, a mean man in another country, what by Wat Tyler and Jack Straw in this kingdom. "I confess, I know not what you meant by it, but very ill things might have happened upon it. think the Court were all very well satisfied with there were sufficient proofs to warrant it, and the jury did according to justice and right. I thought it was a case, that as you made your own defence, small proof would serve the turn to make any one believe you Guilty. For as you would defend yourself by pretending to be a Protestant, I did wonder, I must confess, when you called so many witnesses to your religion and reputation, that none of them gave an account that they saw you receive the Sacrament within these many years, or any of them particularly had seen you at church in many years, or what kind of Protestant you were. If we look to your words and actions, it is true, they did prove this, that you were mighty violent and zealous in crying out against popery and the papists; but if we look to your actions, they favoured rather to promote the papists ends. For I must tell you, the papists are best extirpated, and suppressed by a steady prosecution of the laws against them, not by violent cryings-out, and putting the people into fervent heats and confusions, for that is the thing the papists aim at; they have no hopes any other way to creep into the kingdom, but by confusion, and after the church is destroyed, that is under God the best bulwark against them. But you that cried so loud against the papists it was proved kere, who you called papists. You had the boldness to say that the king was a papist, the bishops were papists, and the Church of England were papists. If these be the papists you cry out against, what a kind of Protestant you are, I know not, I am sure you can be no good one. But of that thing, when you called so many witnesses to that purpose, and if we look to your politics, what opinion you had of the king, it was proved by your discourse, and by witnesses, that you could have no exception to their testimony, that you did justify the late horrid rebellion, and the consequence of that was the murder of the best king in the world, that you should go to justify the proceedings of that parliament, and affirm that they did nothing but what they had just cause to do. I say, he that will justify such a thing, if there were the same circumstances, would do the same thing again. Then if we look upon another part of your defence, as to your arms, it was objected, you went armed to Oxon, and that was made the evidence of the Overt-act when you said by words your intentions what you would do, that you would make one to seize the king; that you did go armed, you did confess; I expected you should have said, you only wore those things for your own defence upon the road as a gentleman travelling, or went with your friends to accompany them out of town, and defend them from robbery; but you said, you went to guard the parliament. I did not understand what you meant by it. I do not believe the parliament sent for any guard, or intended to have any guard. I do not believe that any of them in their hearts thought they So that these things, when I look upon them, and consider the complexion of your de fence, it makes an easy proof have credit. But I think there was a full proof in your case; yet I say if there had been a great deal less proof, the jury might with justice have found you Guilty. And because you now declare yourself innocent of all you are charged with, I think myself bound to declare here in vindi cation of the country, and in vindication of the justice of the Court, that it was a verdict well given, and to the satisfaction of the Court, and I did not find my brothers did dislike it. This I say to you out of charity, that you may in cline your mind to a submission to the justice that has overtaken you, and that you may enter into charity with all men, and prepare yourself for another life. There is nothing now remaining, but to pro nounce the sentence which the law provides for such an offence, which is this, and the court does award, That you Stephen Colledge shall be carried from hence to the place from whence you came, and from thence you shall be drawn on an hurdle to the place of execu tion, where you shall be hanged up by the neck, and be cut down alive, your privy mem bers shall be cut off, and your bowels taken out and burnt before your face, your head shall be cut off from your body, your body be 'divided into four quarters, which are to be at the king's dispose, and the Lord have mercy upon your soul. Colledge. Amen. My lord, I would know what time your lordship is pleased to appoint for my execution. L. C. J. That will depend upon the king's pleasure, we do not use in these cases of High Treason to precipitate the execution; but we will leave such order with the sheriff to receive the king's pleasure and obey it. He will not |