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A25877 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 Sr. 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. Colledge, Stephen, 1635?-1681, defendant. 1681 (1681) Wing A3761; ESTC R15865 159,951 112

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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. 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 Sr. 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. LONDON Printed for Thomas Basset at the George in Fleetstreet and John Fish near the Golden Tun in the Strand 1681. To the King 's Most Excellent Majesty The humble Petition of Stephen Colledge now Prisoner in Your Majesty's Tower of London Most humbly sheweth THat whereas Your Petitioner being charged with High-Treason is under strait Confinement that he hath not liberty to see or speak with any of his Friends or his Children and being lately informed that it is ordered Your Petitioner shall come to his Tryal at the City of Oxon about the middle of the next Month. Your Petitioner therefore most humbly prayes Your Sacred Majesty That leave may be given for Mr. Thomas Smith and Mr. Robert West to come to him and also to have the use of Pen Ink and Paper in order only to make his Legal and just Defence and also to have the Comfort of seeing his two Children And your Petitioner as in duty bound shall ever pray c. A true Copy Francis Gwyn At Hampton-Court JULY 28. 1681. UPon Reading this Day at the Board the Petition of Stephen Colledge Prisoner in the Tower praying that in order to the making his Defence at his Tryal which he hears is to be the middle of the next Month he may be permitted to see his two Children to have the Liberty of Pen Ink and Paper and that Mr. Thomas Smith and Mr. Robert West may come to him His Majesty was pleased to Order That the Lieutenant of the said Tower of London do permit the said Stephen Colledge to have Pen Ink and Paper and to see his two Children and the said Dr. Thomas Smith and Mr. Robert West and to Converse with them as often as he shall desire in the presence and hearing of the Wardour who attends him A true Copy Francis Gwyn To the King 's Most Excellent Majesty and to the Right Honourable the Lords and others of His Majesties Most Honourable Privy Council The humble Petition of Stephen Colledge now a Prisoner in the Tower of London Humbly sheweth THat Your Petitioner having been a close Prisoner ever since his first Commitment is altogether ignorant of the particular matters charged against him and of the Names of the Witnesses who are to prove the same upon his knowledge of both which as well the nature as the manner of his Defence must depend and because upon the consideration of his Case several Matters of Law may arise as well before as at the Time of his Tryal in which Councel will be necessary to assist him and several Matters of Fact preparatory to his Tryal with which under his Confinement he cannot be furnisht without the help of a Sollicitor and he is like to be wholly uncapable of receiving any benefit from the priviledge allowed by Law of peremptory Challenge to several Jurors especially in a Countrey where he is absolutely a stranger unless he may have some knowledge of them before his Tryal In full assurance therefore of the great Justice and Clemency of Your Majesty and this Honourable Board which he hath lately had some experience of and doth with all humility and thankfulness acknowledge Your Petitioner doth humbly beseech Your Majesty and this Honourable Board that he may have a Copy of the Indictment against him or the particular Charges of it That his Councel and Sollicitor may have free access to and private Conference with him and because their own private affairs or other accidents may call away some of his Councel from his assistance that Mr. Wallop Mr. Smith Mr. Thompson Mr. Darnell Mr. West of the Middle Temple Mr. Holles of Lincolns-Inn Mr. Rotherham Mr. Lovell Mr. Rowny of Grayes-Inn Mr. Pollexfin Mr. Ward of the Inner Temple may be assigned him for Councel and Aaron Smith for his Sollicitor and that he may have a Copy of the Jurors to be returned upon his Tryal some dayes before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton-Court AUG 11. 1681. IT is Ordered by His Majesty in Council That the Friends and Relations of Stephen Colledge a Prisoner in the Tower shall have Liberty of Visiting and freely Conversing with him and the Lieutenant of the Tower having first caused their Names to be taken in Writing is to suffer such Friends and Relations to have Access to the said Stephen Colledge without any Interruption from time to time accordingly A true Copy Francis Gwyn THE TRYAL OF Stephen Colledge c. Present the Lord Norreys Lord Chief Justice North. Mr. Justice Jones Mr. Justice Raymund Mr. Justice Levyns On Wednesday the 17 th of August 1681. the Judges and Commissioners of Oyer and Terminer and Gaol-Delivery met at the Court-House in the City of Oxford and after Proclamation for Silence the Commission of Gaol-Delivery was Read and then the Commission of Oyer and Terminer Proclamation was made for the Sheriff to return the Precepts to him directed The Justices of the Peace of the County of Oxford were called over and the Appearance of the Grand Jury summoned to attend this Commission was taken L. Ch. Just 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 my self 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 Appearance 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 'T 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 us let us proceed upon that Cl. of the Crown Gaoler have you your Prisoner 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 Traytor against the most Illustrious most Serene and most Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. thy Supreme and