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A25878 The arraignment, tryal and condemnation of Stephen Colledge for high-treason, in conspiring the death of the King, the levying of war, and the subversion of the government Before the Right Honourable Sir Francis North, Lord Chief Justice of the Court of Common-Pleas, and other commissioners of oyer and terminer and gaol-delivery held at the city of Oxon. for the county of Oxon. the 17th and 18th of August 1681. I do appoint Thomas Basset and John Fish to print the arraignment, tryal and condemnation of Stephen Colledge, and that no others presume to print the same. Fr. North. England and Wales. Court of Common Pleas. 1681 (1681) Wing A3762; ESTC R214886 159,379 148

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nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing
as yet there is no Issue joyned whereupon such a Jury should be impannelled When you have pleaded to Issue then we must award the Sheriff to impannel a Jury to try that Issue So as to what you say as to want of preparation for your Tryal we cannot enquire what notice you have had and yet if you had never so little time there is no cause why you should not plead though you were but just now taken and brought to the Bar to answer it and never heard of any thing of it before So that I think you ought to plead presently Colledge My Lord I am wholly ignorant of the Law I may ruine my self by mistaking the Law I desire Councel not to delay my Tryal but only to advise me whether there is not something in Law proper for me to plead to this Indictment and those things I alledged were not at all to delay the Tryal but only that I may not be wanting to my self in what I may by Law have Lo. Ch. Just I tell you Councel cannot be assigned you till the Court be possessed of some matter to grant it upon Colledge I had some Papers my Lord that were taken from me which I desire may be restored to me I only plead that I may have my Birth-right and that which the Law gives me If I may have Justice I desire no more These Papers were taken from me in the House over the way since I was brought from the Prison they were Papers that concerned my defence some directions and instructions how to manage my self in that defence If you please to let me have those Papers I will not take up much of your time I desire to have but common Justice and that which is my right by Law L. Ch. Just That which you demand Justice you shall have by the Grace of God to the best of our skill without any partiality in the World But you must trust the Publick Justice of the Kingdom We are to be of Councel for you so far as to see that all things proceed fairly on all sides And when things come before us that are fit for you to have Councel upon you shall have Councel assigned you for we are tender of the life of a Man as well as of the life of the King and of the publick Justice of the Kingdom But this is no reason why you should not now plead For the Papers you speak of we will take an examination of them afterwards If they were Papers that are necessary for your defence upon your Tryal in God's Name you must have them restored to you but we know not which way you came by them nor what they are Colledge They were taken from me just now under the pretence of bringing them to your Lordship Lo. Ch. Just How comes any body to give you Papers Nobody can solicit for any one that is under an Accusation of High-Treason unless he be assigned so to do by the Court. Colledge God have mercy upon any man that is so accused then for 't is not possible for him to make his Defence if he cannot be at liberty to look after it himself nor any of his Friends permitted to do it for him Lo. ch just You can say whether you are Guilty or not Guilty without any Papers Coll. My Lord I know not but there may be something in Law for me to plead to this Indictment which I shall lose the benefit of if I plead I humbly conceive you are to be my Councel and as you are Judges are to proceed according to the Law You are upon your Oaths to do me right according to the Law Mr. Just. Jones But till you have proposed a matter of Law fit for Councel to argue there is no Councel to be assigned you Colledge If I had those Papers I could tell what I should plead My Lord this is one thing I am a Free-man of London and I am not impleadable by the Charter of London any where out of the Liberties of the City in Pleas of the Crown Lo. ch just You are indicted in Oxfordshire for High-Treason committed here If there be not any thing of High-Treason proved done in Oxfordshire you will be acquitted But a Free-man of London cannot have a priviledge to commit Treason in Oxfordshire but must be Tryed for it there Colledge Will you please to order me my Papers back that were taken from me Mr. Just Jones You ought first to plead You have a right to demand Councel in matters of Law but then it must be upon such matters of Law as you your self propose to the Court and the Court shall judge to be matters of Law fit to be debated Till then we cannot assign you Councel Colledge It was so in the Tryal of Lilburne and in the Tryal of my Lord Stafford there was Councel assigned to them Mr. Just Jones Not before they pleaded to the Indictment Colledge Did not your Lordships some of you that are Judges of the Kings-Bench say that it was the right of the Prisoner to have a Copy of the Pannel and of the Jury before the Tryal Mr. Just Jones No sure Here are two of us that are of the Court and we never heard of any such thing Colledge Pray my Lord do me right I am ignorant of the Law and through my ignorance may mistake Lo. Ch. Just God forbid we should not do you right you may expect it from us we are upon our Oaths to do all the Kings Subjects right Colledge I am ignorant in the Law and 't is impossible for me to make my defence without the assistance of my Papers L. Ch. Just Cannot you tell whether you be Guilty or not Guilty of this Treason Colledge I can so but I know not what error I may run my self into if I should plead presently and lose the benefit that the Law may give me Lo. Ch. Just All matters of Law are saved to you after you have pleaded Colledge Pray my Lord let me have my Papers again that were taken from me Cl. of Cr. You must plead to the Court Guilty or not Guilty Colledge Shall I not have my Papers after I have pleaded Lo. Ch. Just We will not capitulate with you Move what you will then but till you have pleaded we can enter into no other business Colledge I know not but I might plead some other thing to the Indictment Mr. just jones Propose what you will if it be a matter in Law fit to be argued you shall have Councel assigned you Colledge Pray my Lord let me have my Papers again If it were not my right to have them or to have Councel I would not ask it but if it be I would not lose what is my right L. ch just You must plead first I know not but he may be criminal that brought you those Papers for we allow no Sollicitors in cases of Treason Colledge Some of those Papers were received from me in the Tower and were