L. C. J. (North.) Gentlemen, you that are returned of the Grand Inquest, there has been a sessions so lately that in all probability there will be no great matter to trouble you with at this time. And so I shall not trouble myself nor you to give you any charge, because we know of no business yet that we shall need you for. The court hath recorded your appear ance. You will do well to be in the way either in the town or here about the court, that you may be ready if any thing should happen. It it is necessary for us to have your attendance, but we know not of any thing that we have in particular to trouble you with. We have an Indictment before let us, us proceed upon that. Cl. of Crown. Gaoler, have you your pri soner Gaoler. We will fetch him presently. Then the Prisoner was brought to the bar. Cl. of Cr. Stephen Colledge, hold up thy hand. (Which he did). "Thou art here indicted by the name of Stephen Colledge late of Oxford, in the county of Oxford, carpenter; for that thou as a false traitor against the most illustrious, most serene, and most excellent prince, our sovereign lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c. thy supreme and natural lord, the fear of God in thy heart not having, nor weighing the duty of thy allegiance; but being moved and seduced by the instigation of the shed for the cause that if any, nay Rowley himself, came to disarm the city, he would be the death of him. "4. To confront this evidence, Blake testified that Smith said, Haynes's discovery was a sham Plot, a Meal-Tub-Plot. Bolron said, Smith would have had him swore against sir John Brooke, my lord Shaftesbury, and Colledge, things of which he knew nothing, and told him what he (Bolron) should swear, lest they should disagree in their evidence. Oates testified, Smith said, God damn him, he would have Colledge's blood and Mowbray testified that Smith tempted him to be a witness against Colledge and sir John Brooke, and said, if the parliament did not give the king money, and stood on the bill of exclusion, that was pretence enough to swear a design to secure the king at Oxford. And Everard and others testified, Smith said he knew of no Presbyterian or Protestant Plot; and said, Justice Warcup would have persuaded him to swear against some Lords a Presbyterian Plot, but he knew of 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 the 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 10th day of March, in the 33d 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, falsely, 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 traiterous imaginations and purposes aforesaid to fulfil and perfect, thou the said Stephen Colledge the said 10th day of March, in the 33d 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, falsely, maliciously, subtilly, advisedly, devilishly and traiterously didst prepare arms, and warlike offensive habiliments to wage war against our said sovereign lord the king. And thyself, in war-like manner, for the purposes aforesaid, then and there falsely, maliciously, subtilly, advisedly, devilishly, and traiterously didst arm. and one Edward Turbervile, and other subjects of our said sovereign lord the king, to arm themselves, to perfect thy traiterous purposes aforesaid, then and there advi sedly, maliciously and traiterously didst incite and advise. And further, then and there falsely, maliciously, subtilly, advisedly, devilishly and traiterously didst say and declare, that it was purposely 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 traiterous purpose aforesaid, would 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 traiterous 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 diverse times and days, as well before as after, in Oxford aforesaid, in the county of Oxford aforesaid, in the presence and hearing of diverse liege subjects of our said sovereign lord the king, then and there being present, falsely, maliciously, subtilly, advisedly, devilishly and traiterously didst say and declare, that nothing of good was to be expected from our said so-. vereign 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 pro-brought to the bar to answer it, and never vided." 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 counsel 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 counsel, but it must be upon a matter fit to be argued For I must tell you, a defence in case of HighTreason onght not to be made by artificial cavils, but by plain fact. If you propose any matter of law, the court will consider of it, and assign you counsel, if it be reasonable. For a copy of the Jury, that you cannot have neither, for there is no such thing as yet; there is no issue joined 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 trial, we cannot enquire what notice 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 How sayest thou, Stephen Colledge, art thou Guilty of this high treason, whereof thou standest indicted, and hast now been arraigned, or Not Guilty? Colledge. My lord, I do desire, if it please your lordship, to be heard a few words. L. C. J. 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. It 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 a 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 counsel assigned me, to advise me, whether I have not something in law pleadable in bar of this Indictment. L. C. J. These are the things you ask, you would have a copy of the Indictment, you would have counsel 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? L. C. J. I will tell you for that. Is it not 'contra formain Statut.' with an abbreviation? Cl. of Cr. Yes. L. C. J. That refers to all manner of statutes that have any relation to the thing in the you. 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 ruin myself by mistaking the law; I desire counsel, not to delay my trial, 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 trial, but only that I not be wanting to myself in what I may by law have. may L. C. J. I tell you, counsel 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 birthright, and that which the law gives me; if I may have justice, I desire no more. Those 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 myself in that defence. If you please to let me have those papers, I will not take up much of your time; desire to have but common justice, and that which is my right by law. I L. C. J. 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 public justice of the kingdom. We are to be of counsel 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 counsel upon, you shall have counsel assigned you; for we are tender of the life of a man, as well as the life of the king, and of the public 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 trial, 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 pretence of bringing them to your lordship. L. C. J. How comes any body to give you papers? Nobody can solicit for 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 it 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. L. C.J. You can say, whether you are Not Guilty without any papers. Colledge. My lord, 1 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 counsel; and as you are judges, are to proceed according to the law. You are upon your oaths to do me right according to law. Just. Jones. But till you have proposed a matter of law fit for counsel to argue, there is no counsel 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 freeman 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.f L. C. J. 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 freeman of London cannot have a privilege to commit treason in Oxfordshire, but must be tried for it there. Coll. Will you please to order me my papers back that were taken from me? Just. Jones. You ought first to plead. You have a right to demand counsel in matters of law, but then it must be upon such matters of law as you yourself propose to the court, and "This was very strange treatment of the prisoner, who had an Order of king and council appointing him a counsel and solicitor, which is printed before the Trial." Note to former Edition. +"College's trial lasted three or four hours, in dispute whether a man within the liberties of London, could be tried at Oxford. Oates was witness for him; but exposed himself, so as to do his business, even with his own party. The examination of witnesses lasted till midnight. Colledge excepted to eleven of the jury." Lite of king James the Second written by himself. (See Introduction to Clarendon's Case, vol. 6, p. 291, of this Collection.) the court shall judge to be matters of law fit to be debated: Till then we cannot assign you counsel. Coll. It was so in the trial of Lilburne, and in the trial of my lord Stafford, there was counsel assigned to them. Just Jones. Not before they pleaded to the indictment. Coll. Did not your lordships, some of you, that are judges of the king's-bench say, that it was the right of the prisoner, to have a copy of the pannel and of the jury before the trial. Just. Jones. No, sure here are two of us that are of the court, and we never heard of any such thing. Coll. Pray, my lord, do me right, I am ignorant of the law, and through my ignorance may mistake. L. C. J. God forbid we should not do you right; you may expect it from us; we are upon our oaths to do all the king's subjects right. Coll. I am ignorant in the law, and it is impossible for me to make my defence without the assistance of my papers. L. C. J. Cannot you tell, whether you be Guilty or Not Guilty of this treason? Coll. I can so; but I know not what error I may run myself into, if I should plead presently, and lose the benefit that the law may give me. L. C. J. All matters of law are saved to you after you have pleaded. Coll. Pray, my lord, let me have my papers again that were taken from me. Cl. of the Cr. You must plead to the court Guilty or Not Guilty. Coll. Shall I not have my papers after I have pleaded? L. C. J. We will not capitulate with you. Move what you will then; but till you have pleaded, we can enter into no other business. Coll. I know not but I might plead some other thing to the indictment. Just. Jones. Propose what you will, if it be matter in law fit to be argued, you shall have counsel assigned you. a Coll. Pray, my lord, let me have my papers again. If it were not my right to have them, or to have counsel, I would not ask it; but if it be, I would not lose what is my right. L. C. J. You must plead first. I know not but he may be a criminal that brought you those papers; for we allow no solicitors in cases of treason. Coll. Some of those papers were received from me in the Tower, and were brought back to me, and taken away but to day, I desire they may be returned. Čl. of the Cr. Are you Guilty or Not Guilty? Coll. Those papers tell me I have a plea in law, but what it is, I cannot directly tell without my papers. L. C. J. You must mention it and propose it, and then we will do what is fitting for us to do in it. Coll. I have not that method about me, nor can I directly tell it without my papers; but it is something of law about the indictment. L. C. J. You are not bound up to forms of law. For if you propose the matter never so loosely, yet if it be a matter of avail, and that which the law is not clearly against you in, you shall have counsel, and time to draw it up in form. Coll. I cannot propose the matter so regularly as if I had my papers. it Just. Jones. You are not bound to propose in formality of law, my lord tells you; only let us know what it is. Coll. If I have a privilege in law, I hope you will give me the benefit of it. L. C. J. We will deny you nothing that the law gives you; but we cannot give you counsel. It is not one particular case, but the common course of justice is concerned. Without a matter of law arises, we cannot assign you counsel; if we would, we cannot in justice till you have proposed the matter which the court thinks fit to be argued. Coll. My Lord Coke says, it is the birth-right of every Englishman to have counsel in matters of law, and Lilburne had it upon solemn argument in his Trial. Just. Jones. What times were those? That was before the High Court of Justice. Att. Gen. (Sir Robert Sawyer.) If there be matter in law, it must be proposed to the court, and they are to judge, whether it be a point fit to be argued, and then counsel is to be assigned you, and not till then. Coll. My lord, I know not but there may be somewhat in law for me to plead to this indictment, till I have my papers I can't tell what it is. L. C. J. We know nothing of your papers what they are: you must answer whether you be Guilty or Not Guilty. Coll. If I had my papers, I would answer to it immediately; but I hope I shall not be mur dered. Just. Jones. Have a care of aspersing the court. Pray who intends to murder you? Serj. Jefferies. I remember in Lilburne's Trial, that he speaks of, such words were used indeed. Coll. My lord, I hope I shall not be denied what is necessary for my defence. This design is not only against me, but against all the Protestants. Att. Gen. How long have you been a Protestant, Mr. Colledge? Coll. Ever since I knew what religion was, Sir; I never was any thing else. For God's sake, my lord, let me have the justice of the nation, and what by law an Englishman ought to have. L. C. J. You must plead Guilty or Not Guilty, or you must shew some matter that you will plead, that is proper for us to assign you counsel. If we should record your refusal, you would be judged to stand mute, and sentence would pass upon you. See vol. 4, p. 1298, of this Collection. Coll. If I have a privilege in law as an Englishman, I will not forfeit it, if I can help it, for any thing in the world. Therefore I desire I may have my papers again, that I may see if I can plead any thing in law; for if I have a privilege by the law, before I will forfeit it, you shall do what you please with me. L. C. J. You will have the advantage of all that matter that is in your papers after you have pleaded, if there be any advantage. Coll. Pray, my lord, order me my papers that were taken away from me. L. C. J. They were not taken away by me. Coll. They were taken away by the keeper, under pretence to bring them to your lordship. L. C. J. I know not how you came by them. There canfe one to me last night that is a common solicitor, one Aaron Smith, and desired he might have liberty to go and speak with the prisoner; I told him, I did not understand till he were assigned by the court, that any could justify soliciting for a man that is accused of high treason, nor could any be of counsel till they were assigned: for a defence against treason ought to be by plain matters of proof and fact, and not by artificial cavils. But if you will propose any thing of substance as a matter in law which the court shall think fit to be argued, propose it, and then we will assign you counsel. Coll. Is it not my right, that I ought to have a copy of the jury? L. C. J. Look you for that now, you cited the opinion of the judges of the King's-Bench. My brothers two of them that are here who are judges in that court, say, they know nothing of any such matter: but I tell you, you have liberty by law to challenge 35, by your sight peremptorily without shewing cause. They are bound to look upon you when they come to be sworn, and if you have just cause, you may except against as many more as you will. But now we that proceed upon a commission of gaol-delivery, are to proceed with expedition; there are no particular men designed for a jury that I know of. But when you have pleaded, we shall award the sheriff to impannel a jury. Coll. If the law allows me the liberty of challenging, it does intend it me, that I may challenge those persons that I think will not do me justice; but where they are strangers unto me, if I can have no information about any of them by my own inquiry or my friends, I may challenge my friends as well as my foes: and should there be any person that has a prejudice against me, and I not. know it, he may chance to be one. 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 of the jury is unseasonable. There is no jury, nor can be awarded till you have pleaded. There must be first issue joined ; and that can not be but upon your plea of Not Guilty. Therefore you must plead first, and then say all you will, Cl. of Cr. Are you Guilty or Not Guilty? Coll. My lord, may not I have a pannel of the jury. Just. Jones. There is no such thing in being. Coll. I know not what to say to it; pray, my lord, let me have my papers. Cl. of Cr. You have heard the opinion of the court, you must first plead. Coll. I cannot plead first. I must lose my life, if I must; I neither know who accuses me, nor what it is they accuse me of; it is impossible I could defend myself if I have not my papers. L. C. J. We know not what papers you mean. Coll. The gaoler took them from me, and one of the king's messengers. Pray, my lord, will you order them to be returned to me again? Let me but see whether I have any right or no, and whether I have any thing to plead or no: when I have perused my papers, I will propose it as well as I can to you. Pray, my lord, let -me have a fair trial. L. C. J. We promised you a fair trial, but you must put yourself upon that trial by your pleading. Coll. I cannot do that without my papers, my lord. Let me but have them again, and I will not delay your time at all. L. C. J. You can tell whether you are Guilty, or Not Guilty, cannot you? Coll. If I have a plea in law against the indictment, I hope you will not hinder me of that which is my right. It is possible the indictment does not lay it right, either as to the matter of treason, or as to the place. Just. Jones. That is upon the issue of Not Guilty upon your trial. If there be not matter of fact, or words proved that are treason in this place, you will have the advantage of it upon your trial. Coll. I know not, my lord, but that the indictment does mention something of treason, and something of misdemeanor. Just. Jones. That which is misdemeanor, will not amount to a proof of the treason upon the trial. L. C. J. If they prove no treason against you here, but only misdemeanor, I do not understand that the jury can find you guilty of that misdemeanor, for it is another crime, and there is another sort of proceedings for it. In misdemeanor, there are no peremptory challenges; in misdemeanor counsel is to be allowed for the prisoner, but not in treason. Coll. Pray, my lord, be pleased to order me my papers gain: I know not what to say without I have the assistance of my papers; when I have them, I shall be ready to plead presently according as I shall find I may by law. This I am sure, I have done nothing, nor said nothing of treason, and I pray for nothing but justice, and that which is my right. This is a most horrid conspiracy to take away my life; and it will not stop here, for it is against all the Protestants in England. L. C.J. Mr. Colledge, you do not only trifle, but run out into very great extravagancies. Who has any conspiracy against your life? You shall be allowed to give in evidence any thing of any conspiracy against you, or contrivance against you when you are upon your trial. Now the question is, Are you Guilty, or Not Guilty? I see no use of papers that you can have as to the plea. Just. Jones. You will run into danger by spending of time. Coll. Pray, my lord, order me my papers, they are in the hands of Mr. Murrell the gaoler, and Sewell the king's messenger. L. C. J. When you have pleaded, we will take it into consideration. Coll. It may be too late then. L. C. J. It is a plain matter before you, whether you be guilty or no. You know what to answer. Att. Gen. Mr. Colledge, can any body tell whether you be guilty or no, better than yourself? Just. Jones. If you expect any papers, they ought to be framed by yourself; for by law, none can advise you what to plead. Coll. I don't expect it in matter of fact, but if matter of law arise. Just. Jones. But this is a matter of fact, and therefore you may plead Not Guilty, as well without your papers, as if you had them. Coll. But if there be any matter of law, that I ought to have the advantage of. Just. Jones. Then you ought to have no advice, till they be assigned by the court: For by the law, neither counsel nor advice are allowable to you, till the matter has been proposed, and the court think fit to assign you counsel. Just. Levinz. You talk of the privilege of an Englishman; you have all the privileges of an Englishman: You are here brought to an open trial, according to the law, and by that law you must plead. Now if a man be indicted for High-Treason, he is bound to plead either Guilty or Not Guilty, unless he has a matter in law to excuse him from that plea, which must be proposed to the court, and then counsel will be assigned; and if so be matter of law arises upon any evidence that is given against you at the trial, you may demur upon that evidence, and pray counsel of the court to argue that de murrer, and they will not deny you; but I think you must plead presently. Coll. I suppose other persons that have been tried, have had counsel before they have pleaded. Just. Jones. But never before the matter was proposed to the court. L.C. J. It was so in the case of my lord Stafford. The court made him propose his matters in law, and so it was in Lilburne's Case. |