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L. C. J. (North) Gentlemen, you that are devil, the cordial love, and true, due and nareturned of the Grand Inguest, there has been tural obedience which true and faithful suba sessions so lately that in all probability there jects of our said sovereign lord the king towill be no great matter to trouble you with at wards him our said sovereign lord the king, this time. And so I shall not trouble myself should, and of right onght to bear, wholly por you to give you any charge, because we withdrawing and machinating, and with all thy know of no business yet that we shall need you strength intending the peace and common for. The court hath recorded your appear tranquillity of our said sovereign lord the king ante. You will do well to be in the way either of this kingdom of England to disturb, and sein the town or here about the court, that you dition and rebellion, and war against our somay be ready if any thing should happen. It vereign lord the king, within the kingdom of it is necessary for us to have your attendance, England to move, stir up and procure; and the but we know not of any thing that we have in cordial love, and true and due obedience which particular to trouble you with. We have an true and faithful subjects of dor said sovereign Indictment before us, let us proceed upon that, lord the king, towards him our said sorereign Cl. of Crown. Gaoler, have you your pri- lord the king should, and of right ought to bear
wholly to withdraw; put out and extinguish, Gaoler. We will fetch him presently. and him our said sovereign lord the king to
death and final destruction to bring and put, Then the Prisoner was brought to the bar,
the 10th day of March, in the 38d year of the Cl. of Cr. Stephen Colledge, hold up thy reign of our sovereign lord Charles the Second, hand. (
Which he did). “ Thou art here in by the grace of God, of England, Scotland, dicted by the name of Stephen Colledge late of France, and Ireland, king, defender of the Oxford, in the county of Oxford, carpenter ; faith, &c. at Oxford, in the county of Oxford, for that thou as a false traitor against the most falsely, maliciously, subtilly and traiterously, illustrious, most serene, and most excellent did purpose, compass, imagine, and intend seprince, our sovereign lord Charles the Second, dition and rebellion within this kingdom of by the grace of God, of England, Scotland, England, to move, stir up, and procure, and a France, and Ireland, 'king, defender of the miserable slaughter among the subjects of our faith, &c. thy supreme and natural lord, the said sovereigo lord the king to procure and fear of God in thy heart not having, nor weigh- cause, and our said sovereign lørd the king ing the duty of thy allegiance; but being from his regal state, title, power, and gorernmoved and seduced by the instigation of the ment of his kingdom of England, to deprive,
depose, cast down and disinherit; and him our shed for the cause : that if any, nay Rowley said sovereign lord the king to death and final himself
, came to disarm the city, he would destruction to bring and put, and the governbe the death of him.
ment of the said kingdom at thy will and plea“ 4. To confront this evidence, Blake testi- sure to change and alter, and the state of all fied that Smith said, Haynes's discovery was this kingdom of England, in all its parts well a sham Plot, a Meal-Tub-Plot. Bolron said, instituted and ordained, wholly to subvert and Smith would have had him swore against sir destroy, and war against our said sovereign John Brooke, my lord Shaftesbury, and Col. lord the king, within this kingdom of Evgland ledge, things of which he knew nothing, and to levy; and thy said most wieked treasons told him what he (Bolron) should swear, lest and traiterous imaginations and purposes aforethey should disagree in their evidence. Oates said to fulfil and perfect, thou the said Stephen testified, Sinith said, God damn him, he would Colledge the said 10th day of March, in the have Colledge's blood : arid Mowbray testified 33d year of the reign of our said sovereign lord that Smith tempted him to be a witness against the king, with force and arms, &c. at Oxford Colledge and sir John Brooke, and said, if the aforesaid, in the county of Oxford aforesaid, parliament did not give the king money, and falsely, maliciously, subtilly, advisedly, destood on the bill of exclusion, that was pretence vilishly and traiterously didst prepare arms, enongh to swear a design to secure the king at and warlike offensive habiliments to wage war Oxford. And Everard and others testified, against our said sovereign lord the king. And Smith said he knew of no Presbyterian or Pro- | thyself, in war-like manner, for the purposes testant Plot; and said, Justice Warcup would | aforesaid, then and there falsely, maliciously have persuaded him to swear against some subtilly, advisedly, devilishly, and traiterously Lords a Presbyterian' Plot, but he knew of didst arm. and one Edward Turbervile, and none.
other subjects of our said sovereign lord the “These were the material evidences thus king, to arm themselves, to perfect thy traiterconfronted, which should prove Colledge's ous purposes aforesaid, then and there advitreason and misdemeanor for taking away his sedly, maliciously and traiterously didst incite life. But this evidence was so baffled, that and advise. And further, then and there fake for shame, the king's counsel never played ly, maliciously, subtilly, advisedly, devilishly them after against any other but my lord of und traixerously didst say and declare, that it Shaftesbury, but were forced to set up new against my lord Russel, colonel Sidney," &c. our said sovereign lord the king, at Oxtin!
was purposely designed to seize the person of 2 Coke's Detection, p. 303.
aforesaid, in the county of Oxford aforesaid.
And that thou the said Stephen Colledge, in Indictment that is High-Treason. For it may prosecution of thy traiterous purpose atoresaid, be meant, contra formam Statut.' which are would be one of them who should seize our all the several statutes that are in force consaid sovereign lord the king at Oxford afore- cerning High Treason. Now for those things said, in the county aforesaid. And that thou that you demand, you cannot have them by the said Stephen Colledge, thy said most wicked law. No man can bave a copy of the Indicttreasons and traiterous imaginations, com- ment by law; for counsel you cannot have it, passings and purposes aforesaid the sooner to unless matter of law arises, and that must be fulfit and perfect, and discords between our propounded by you ; and then if it be a matter said suvereign lord the king, and his people to debatable, the court will assign you counsel, more, cause and procure, then and diverse but it must be upon a matter fit to be argueda times and days, as well before as after, in Ox- For I must tell you, a defence in case of Highford aforesaid, in the county of Oxford afore- Treason onght not to be made by artificial said, in the presence and hearing of diverse cavils, but by plain fact. If you propose any liege subjects of our said sovereign lord the matter of law, the court will consider of it, and king, then and there being present, falsely, assign you counsel, if it be reasonable. For maliciously, subtilly, advisedly, devilishly and a copy of the Jury, that you cannot have neitraiterously didst say and declare, that nothing ther, for there is no such thing as yet; there of good was to be expected from our said 50- is no issue joined whereupon such a jury vereigu lord the king, and that our said so. should be impannelled. When you have pleadvereign lord the king did mind nothing but ed to issue, then we must award the sheriff to beastliness and the destruction of bis people: impannel a jury to try that issue. So as to and that our said sovereign lord the king did what you say as to want of preparation for your endeavour to establish arbitrary government trial, we cannot enquire what notice you and popery, against the duty of thy allegiance, had; and yet if you had never so little time, against the peace of our sovereign lord the there is no cause why you should not plead, king, his crown and dignity, and against the though you were but just now taken and form of the statutes in this case made and pro- brought to the bar to answer it, and never vided.”
heard of any thing of it before. So that I How sayest thou, Stephen Colledge, art thou think you ought to plead presently. Guilty of this high treason, whereof tbou Colledge. My lord, I am wholly ignorant of standest indicted, and hast now been arraigned, the law, I may ruin myself by mistaking the or Not Guilty ?
law; I desire counsel, not to delay my trial, Colledge. My lord, I do desire, if it please but only to advise me, whether there is not your lordship, to be heard a few words. something in law proper for me to plead to this
L.C. J. Look you Mr. Colledge, the matter Indictment, and those things I alledged were that bath been bere read unto you is a plain mat- not at all to delay the trial, but only that I may ter, and it hath been read to you in English, that not be wanting to myself in what I may by You may understand it. It is an Indictment of law have. High Treason ; now you must know, that no L. C. J. I tell you, counsel cannot be assignplea can be received to it, but either Guilty or ed you, till the court be possessed of some Not Guilty, as to the fact ; if you can assign matter to grant it upon. any matter in law, do it.
Colledge. I had some papers, my lord, that Colledge. Will you please to spare me, that were taken from me, which I desire may be I may be heard a few words. “I have been restored to me. I only plead, that I may kept a close prisoner iu' the Tower ever since I have my birthright, and that which the law was taken: I was all along unacquainted with gives me; if I may have justice, I desire no what was charged upon me. I knew not wbat more. Those papers were taken from me in was sworn against me, nor the persons that did the house over the way since I was brought swear it against me, and therefore I am from the prison ; they were papers that conwholly ignorant of the matter. I do humbly cerned my defence; some directions and indesire, I may have a copy of the indictment,structions how to manage myself in that deand a copy of the jury that is to pass upon me, fence. If you please to let me bave those and that I may have counsel assigned me, to papers, I will not take up much of your time; advise me, whether I have not something in 1 desire to have but common justice, and that law pleadable in bar of this Indictment. which is my right by law.
L. C. J. These are the things you ask, you L. C. J.' That which you demand, justice, would bave a copy of the Indictment, you you shall have by the grace of God to the best would have counsel' assigned to you, to advise of our skill, without any partiality in the world. you in matter of law, and a copy of the jury. But you must trust the publie justice of the
Colledge. One word more, my lord, I desire kingdom. We are to be of counsel for you, to know upon what statute I am indicted ? so far as 'to see that all things proceed fairly on
L. C. J. I will tell you for that. Is it not all sides. And when things come before us contra formain Statut. with an abbreviation ? that are fit for you to have counsel upon, you Cl. of Cr. Yes.
shall have counsel assigned you ; for we are L. C. J. That refers to all manner of sta- tender of the life of a man, as well as the life bites that have any relation to the thing in the of the king, and of the public justice of the
kingdom. But this is no reason why you the court shall judge to be matters of law fit to shouill not now plead. For the papers you be debated : Till then we cannot assign you speak of, we will take an examination of them counsel. afterwards. If they were papers that are Coll. It was so in the trial of Lilburne, and necessary for your defence upon your trial, in in the trial of my lord Stafford, there was counGod's name you must have them restored to sel assigned to them. you ; but we know not which way you came Just Jones. Not before they pleaded to the by them, nor what they are.
indictment. Colledge. They were taken from me just Coll. Did not your lordships, some of you, now, under pretence of bringing them to your that are judges of the king's-bench say, that it lordship
was the right of the prisoner, to have a copy · L. C. J. How comes any body to give you of the pannel and of the jury before the papers ? Nobody can solicit for one that is trial. under an accusation of High-Treason, unless Just. Jones. No, sure here are two of us that he be assigned so to do by the court.*
are of the court, and we never heard of any such Colledge. God have mercy upon any man thing; that is so accused then ; for it is not possible Coll. Pray, my lord, do me right, I am igfor him to make his defence, if he cannot be at norant of the law, and through my ignorance liberty to look after it himself, nor any of his may mistake. friends permitted to do it for him.
L. C. J. God forbid we should not do you L.C.J. You can say, whether you are Not right; you may expect it from us ; we are upon Guilty without any papers,
our oaths to do all the king's subjects right. Colledge. My lord,' 1 know not but there Coll. I am ignorant in the law, and it is immay be something in law for me to plead to possible for me to make my defence without this indictment, which I shall lose the benefit of the assistance of my papers. if I plead. I humbly conceive, you are to be L. C. J. Cannot you tell, whether you be my counsel; and as you are judges, are to pro- Guilty or Not Guilty of this treason ? ceed according to the law. You are upon Coll. I can so; but I know not what error your oaths to do me right according to law. I
may run myself into, if I should plead preJust. Jones. But till you have proposed a sently, and lose the benefit that the law may matter of law fit for counsel to argue, there is give me. no counsel to be assigned you.
L. C. J. All matters of law are saved to you Colledge. If I had those papers I could tell after you have pleaded. what I should plead. My lord, this is one thing, Coil. Pray, my lord, let me have my papers I am a freeman of London, and I am not im- again that were taken from me. pleadable by the charter of London any where Cl. of the Cr. You must plead to the court out of the liberties of the city in pleas of the Guilty or Not Guilty. Crown.t
Coll. Shall I not have
my papers after I hare L. C. J. You are indicted in Oxfordshire for pleaded ? High-Treason committed here. If there be L. C. J. We will not capitulate with you. not any thing of High-Treason proved, done Move what you will then ; but till you in Oxfordshire, you will be acquitted. But a pleaded, we can enter into no other business. freeman of London cannot have a privilege to Coll. I know not but I might plead some commit treason in Oxfordshire, but must be other thing to the indictment. tried for it there.
Just. Jones. Propose what you will, if it be Coll. Will you please to order me my papers a matter in law fit to be argued, you shall have back that were taken from me?
counsel assigned you. Just. Jones. You ought first to plead. You Coll. Pray, my lord, let me have my papers have a right to demand counsel in matters of again. If it were not my right to have them, law, but then it must be upon such matters of or to have counsel, I would not ask it; but law as you yourself propose to the court, and if it be, I would not lose what is my right.
L. C. J. You must plead first. I know not * “ This was very strange treatment of the but he may be a criininal that brought you prisoner, wbu had an Order of king and coun- those papers ; for we allow no solicitors in cases cil appointing him a counsel and solicitor, of treason. which is printed before the Trial.” Note to Coll. Some of those papers were received former Edition.
from me in the Tower, and were brought back +" College's trial lasted three or four hours, to me, and taken away but to day, I desire they in dispute whether a man within the liberties of may be returned. London, could be tried at Oxford. Oates was ČI. of the Cr. Are you Guilty or Not Guilty.? witness for him ; bui exposed himself, so as to Coll. Those papers tell me I have a plea in do his business, even with his own party. The law, but what it is, I cannot directly tell without exantination of witnesses lasted till midnight. my papers. Colledge excepted to eleven of the jury.” Life L. C. J. You must mention it and propose of king James the Second written by himself. it, and then we will do what is fitting for us to (See Introduction to Clarendon's Case, vol.6, do ia it. p. 291, of this Collection.)
Coll. I have not that method about me, not
can I directly tell it without my papers; but it
Coll. If I have a privilege in law as an is something of law about the indictment. Englishman, I will not forfeit it, if I can bcp
L. C. J. You are not bound up to forms of it, for any thing in the world. Therefore I delaw. For if you propose the matter never so sire I may have my papers again, that I may loosely, yet if it be a matter of avail, and that see if I can plead any thing in law ; for if I which the law is not clearly against you in, have a privilege by the law, before I will for: you shall liave counsel, and time to draw it up feit it, you shall do what you please with me. in forin.
L. C. J. You will have the advantage of all Coll. I cannot propose the matter so regu- that matter that is in your papers after you larly as if I had my papers.
have pleaded, if there be
advantage. Just. Jones. You are not hormd to propose it Coll. Pray, my lord, order me my papers in formality of law, my lord tells you; only let that were taken away from me. us know what it is.
L. C. J. They were not taken away by me. · Coll. If I have a privilege in law, I hope Coll. They were taken away by the keeper, you will give ire the benefit of it.
under pretence to bring them to your lordship. L. C. I. We will deny you nothing that the
L. C. J. I know not how you came by law gives you; but we cannot give you counsel. them. There came one to me last night that It is not one particular case, but the common is a common solicitor, one Aaron Smith, and course of justice is concerned. Without a mat- desired he might have liberty to go and speak ter of law arises, we cannot assign you counsel; with the prisoner ; I told him, I did not unif we would, we cannot in justice till you have derstand till he were assigned by the court, proposed the matter which the court thinks fit that any could justity soliciting for a man that to be argued.
is accused of high treason, nor could any be of Coll. My Lord Coke says, it is the birth-right counsel till they were assigned for a defence of every Englishman to have counsel in matters against treason ought to be by plain matters of of law, and Lilburne* had it upon solemn ar- proof and fact, and not by artificial cavils. But gument in his Trial.
if you will propose any thing of substance as a Just. Jones. What times were those ? That matter in law whicti the court shall think fit was before the High Court of Justice.
to be argued, propose it, and then we will asAtt. Gen. (Sir Robert Sawyer.) If there be sign you counsel. matter in law, it must be proposed to the court. Coil. Is it not my right, that I ought tò and they are to judge, whether it be a point fit have a copy of the jury? to be argued, and then counsel is to be assigned L. C. J. Look you for that now, you cited you, and not till then..
the opinion of the judges of the King's-Bench. Coll. My lord, I know not but there may | My brothers two of them that are here who be somewhat in law for me to plead to this in- are judges in that court, say, they know nodictment, till I have my papers I can't tell what thing of any such matter : but I tell you, you it is.
have liberty by law to challenge 35, by your L. C. J. We know nothing of your papers sight peremptorily, without shewing cause. what they are : you must answer whether you They are bound to look upon you when they be Guilty or Not Guilty.
come to be sworn, and if you have just cause, Coll. If I had my papers, I would answer to you may except agair.st as many more as you it immediately; but I hope I shall not be mur- will. But now we that proceed upon a coindered.
mission of gaol-delivery, are to proceed with Jast. Jones. Have a care of aspersing the expedition ; there are no particular men decourt. Pray who intends to murder you? signed for a jury that I know of.
Coll. If the law allows me the liberty of Coll. My lord, I hope I shall not be denied challenging, it does intend it me, that I may what is necessary for my defence. This de- challenge those persons that I think will not sign is not only against me, but against all the do me justice; but where they are strangers Protestants.
unto me, if I can have no information aboat, Att. Gen. How long have you been a Pro- any of them by my own inquiry or my friends, testant, Mr. Colledge?
I may challenge my friends as well as my Coll. Ever since I knew what religion was,
foes : and should there be any person that has Sir ; I never was any thing else. For God's a prejudice against me, and I not know it, he sake, iny lord, let me have the justice of the may chance to be one. nation, and what by law an Englishman ought L. C. J. I hope they will be neither friends
nor foes, but true men.
Coll. I know not that, my lord.
Just. Jones. This that you say as to a copy you will plead, that is proper for us to assign of the jury is unseasonable. There is no jury, you counsel. If we should record your refusal, nor can be awarded till you bave pleaded. you would be judged to stand mute, and sentence There must be first issue joined ; and that can would pass upon you.
not be but upon your plea of Not Guiltya
Therefore you must plead first, and then say . See vol. 4, p. 1298, of this Collection.' all
Cl. of Cr. Are you Guilty or Not Guilty ? trifle, but run out into very great extravagan
Coll. My lord, inay not Ì have a pannel of cies. Who has any, conspiracy against your the jury,
life? You shall be allowed to give in evidence Just: Joncs. There is no such thing in being. any thing of any conspiracy against you, or
Coll. I know not what to say to it; pray, contrivance against you when you are upon my lord, let me have my papers.
Now the question is, Are you Cl. of Cr. You have heard the opinion of iniliy, or Not Guilty ? I see no use of papers the court, you must first plead.
that you can have as to the plea. Coll. I cannot plead first. I must lose my Just. Jones. You will run into danger by life, if I must; I neither know who accuses spending of time. me, nor what it is they accuse me of'; it is im- Coll. Pray, my lord, order me my papers, possible I could defend myself if I have not they are in the hands of Mr. Murrell the gaoler, my papers.
and Sewell the king's messenger. L. T.J. We know not what papers you L. C. J. When you have pleaded, we will
take it into consideration. Coll. The gaoler took them from me, and Coll. It may be too late then. one of the king's messengers. Pray, my lord, L. C. J. It is a plain matter before you, will you order them to be returned io me again? | whether you be guilty or no. You know what Let me but see whether I have any right or no, and whether I have any thing to plead or no: Coll. I will give a direct answer, after 1 when I have perused my papers, I will propose have my papers again. it as well as I can to you. Pray, my lord, let Just."
Jones. You can give an answer to that me have a fair trial.
papers. L. C. J. We promised you a fair trial, but L. C. J. Consult with your own heart, and you must put yourself upon that trial by your there you may receive an answer to that quespleading
tion. Coll. I cannot do that without my papers,
Att. Gen. Mr. Colledge, can any body tell my lord. Let me but have them again, and I whether you be guilty or no, better than yourwill not delay your time at all.
self? L. C. J. You can tell whether you are Just. Jones. If you expect any papers, they Guilty, or Not Guilty, cannot you ?
ought to be framed by yourself'; for by law, Coil. If I have a plea in law against the in- none can advise you what to plead. dictment, I hope you will not hinder me of that Coll. I don't expect it in matter of fact, but which is my right. It is possible the indict- if matter of law arise. ment does not lay it right, either as to the Just. Jones. But this is a matter of fact, and matter of treason, or as to the place.
therefore you may plead Not Guilty, as well Just. Jones. That is upon the issue of Not without your papers, as if you had them. Guilty upon your trial. If there be not matter Coll. But if there be any matter of law, that of fact, or words proved that are treason in I ought to have the advaniage of. this place, you will have the advantage of it Just. Jones. Then you ought to have no adupon your trial.
vice, till they be assigned by the court : For by Coll. I know not, my lord, but that the in- the law, neither counsel nor advice are allowable dictment does mention something of treason, to you, till the matter has been proposed, and and something of misdemeanor.
the court think fit to assign you counsel. Just. Jones. That which is misdemeanor, Just. Levinz. You talk of the privilege of will not amount to a proof of the treason an Englishman ; you have all the privileges of upon the trial.
an Englishman : You are here brought to an L.C. J. If they prove no treason against open trial, according to the law, and by that you here, but only misdemeanor, I do not un- Jaw you must plead. Now if a man be indicted derstand that the jury can find you guilty of for High-Treason, he is bound to plead either that misdemeanor, for it is another crime, and Guilty or Not Guilty, unless he has a matter in there is another sort of proceedings for it. In law to excuse him from that plea, which must misdemeanor, there are no peremptory chal- be proposed to the court, and then counsel will lenges; in misdemeanor counsel is to be al- be assigned ; and if so be matter of law arises lowed for the prisoner, but not in treason. upon any evidence that is given against you at
Coll. Pray, my lord, be pleased to order me the trial, you may demur upon that evidence, my papers again: I know not what to say and pray counsel of the court to argue that de without I have the assistance of my papers ; murrer, and they will not deny you ; but I when I have them, I shall be ready to plead think you must plead presently. presently according as 1 shall find I may by Coli. I suppose other persons that have law. This I am sure, I have done nothing, been tried, have had counsel before they have nor said nothing of treason, and I pray for no- pleaded. thing but justice, and that which is my right. Just. Jones. But never before the matter This is a most horrid conspiracy to take away was proposed to the court. my life ; and it will not stop here, for it is L. C. J. It was so in the case of my lord against all the Protestants in England. Stafford. The court made him propose his
L. C. J. Mr. Colledge, you do not only matters in law, and so it was in Lilburne's Case