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 L. 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 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 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 Gods 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 L. Ch. Just How comes any body to give you Papers No body 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 L. Ch. Just You can say whether you are Guilty or Not Guilty without any Papers Colledge 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 L. 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 〈◊〉 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 L. 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 L. 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 L. 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 brought back to me and taken away but to day I desire they may be returned Cl. of Cr. Are you Guilty or Not Guilty Colledge Those Papers tell me I have a Plea in Law but what it is I cannot directly tell without my Papers L Ch. Just You must mention it and propose it and then we will do what is fitting for us to do in it Colledge I have not that method about me nor can I directly tell it without my Papers but 't is something of Law about the Indictment L. Ch. Just 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 Councel and time to draw it up in form Colledge I cannot propose the matter so regularly as if I had my Papers Mr. Just Jones You are not bound to propose it in formality of Law my Lord tells you only let us know what it is Colledge If I have a priviledge in Law I hope you will give me the benefit of it L. Ch. Just We will deny you nothing that the Law gives you but we cannot give you Councel It is not one particular Case but the Common Course of Justice is concerned Without a matter of Law arises we cannot assign you Councel if we would we cannot in Justice till you have proposed the matter which the Court thinks fit to be argued Colledge My Lord Coke sayes It is the birth-right of every English-man to have Councel in matters of Law and Lilburne had it upon solemn argument in his Tryal Mr. Just Jones What times were those That was before the High Court of Justice Mr. Att. Gen. 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 Councel is to be assigned you and not till then Colledge 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. Ch. Just We know nothing of your Papers what they are you must answer whether you be Guilty or Not Guilty Colledge If I had my Papers I would answer to it immediately but I hope I shall not be murdered Mr. Just Jones Have a care of aspersing the Court. Pray who intends to murder you Mr. Serj. Jefferies I remember in Lilburne's Tryal that he speaks of such words were used indeed Colledge My Lord I hope I shall not be deny'd what is necessary for my defence This design is not only against me but against all the Protestants Mr. Att. Gen. How long have you been a Protestant Mr. Colledge Colledge Ever since I knew what Religion was Sir I never was any thing else For Gods sake my Lord let me have the Justice of the Nation and what by Law an English-man ought to have L. Ch. Just 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 Councel If we should record your refusal you would be judged to stand Mute and Sentence would pass upon you Colledge If I have a Priviledge in Law as an English-man 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 Priviledge by the Law before I will forfeit it you shall do what you please with me L. Ch. Just You 'l have the advantage of all that matter that is in your Papers after you have pleaded if there be any advantage Colledge Pray my Lord order me my Papers that were taken away from me L. Ch. Just They were not taken away by me Colledge They were taken away by the Keeper under pretence to bring them to your Lordship L. Ch. Just I know not how you came by them There came one to me last night that is a Common Sollicitor 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 justifie Solliciting for a man that is accused of High Treason nor could any be of Councel 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 Councel Colledge Is it not my right that I ought to have a Copy of the Jury L. Ch. Just Look you for that now you cited the Opinion of the Judges of the Kings 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 must 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 any 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 Colledge If the Law allows me the Liberty of Challenging it does intend it me that I may challenge those persons that I think will do me no 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. Ch. Just I hope they will be neither friends nor foes but true men Colledge I know not that my Lord. Mr. 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 joyned and that cannot 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 Colledge My Lord may not I have a Pannel of the Jury Mr. Just Jones There is no such thing in being Colledge 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 Colledge 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 't is impossible
you will reflect here in the Face of the Court and in the Face of the Country upon the Government upon the Justice of the Kingdom Mr. Smith No my Lord I have told you what I meant by it I neither reflected upon the Court nor upon the Government nor upon the Justice of the Kingdom L. C. J. You should have done well to have forborn such Expressions as those were Colledge Shall I not have the Use of the Papers my Lord Will you not please to deliver them back to me now you have perused them Mr. Just Jones One of them is a Speech and a most seditious libellous Speech to spit Venom upon the Government in the Face of the Country We cannot tell who made it but it seems to be beyond your Capacity And therefore we must enquire into it but we do not think fit to let you have the use of that Paper L. C. J. For that which contains the Names of the Witnesses that you have again For the other matters the Instructions in point of Law if they had been written in the first Person in your own Name that we might believe it was your Writing it would have been something but when it is written in the second Person you should do so and so by which it appears to be written by another Person it is an ill President to permit such things that were to give you Counsel in an indirect Way which the Law gives you not directly Colledge If I am ignorant what Questions to ask of the Witnesses shall not my Friends help me my Lord L. C. J. We will sift out the Truth as well as we can you need not fear it Colledge Some of those things I took out of the Books my self And if you are resolved to take away all my Helps I cannot help it I know not that Mr. Smith wrote one of those Papers Mr. Att. Gen. But Mr. Smith would have given four Guinneys it seems as a Bribe to the Goaler and he offered four more to let him have liberty to come to him Mr. Serj. Jefferies 'T is time indeed for Mr. Smith to have a Care Keeper It was Mr. Starkey that offered me the four Guinneys Mr. Att. Gen. Pray call Mr. Henry Starkey But he did not appear Then the Court took a Recognizance of 100 l. of Mr. Smith to attend the Court during the Session Colledge Pray my Lord let me have my Papers delivered to me I cannot make my Defence else L. C. J. We are your Counsel in matter of Fact and to give you your Papers were to assign you Counsel against Law they being not your own Papers but coming from a third hand Colledge Will you please to give me the Paper that has the Questions in it to ask the Witnesses L. C. J. There are no Papers with any particular Questions to any one Witness but only Instructions how to carry your self in this Case Colledge A great deal of it is my own my Lord. L. C. J. Mr. Attorney truly I think that that doe's not Contain matter of Scandal may be Transcribed and given to the Prisoner Colledge My Lord I desire I may have that that has in the Margent of it the Case of Lilburn and Stafford Mr. Just Jones You shall not have Instructions to Scandalize the Government all that is necessary for your defence you shall have L. C. J. If he had writ it himself I cannot well see how you could take it from him and truly as 't is I had rather let him have too much then too little Colledge My Lord I thought I might have had Counsel to have assisted me but if I may have Counsel neither before my Plea nor after I that am an Ignorant may be lost by it but can't help it L. C. J. If matter of Law arise you shall have Counsel it Colledge I know not but it might have admitted of an Argument that which if I had had my Papers I should have offered to you L. C. J. Mr. Colledge we shall not go any farther now I know not how many Witnesses will be produced either of one side or another but 't is too late to go on this Morning and because we attend here only upon this Occasion we shall go on with the Tryal at two a Clock in the Afternoon Colledge My Lord You will be pleased to order the Papers for me to Peruse in the mean time L. C. J. We have ordered that you shall have a Transcript of the Paper of Instructions leaving out that which is Scandalous Colledge I desire I may have a Copy of the whole Mr. Just Jones No we do not think fit to do that Colledge Pray let me know which you do except against L. C. J. Look you Mr. Attorney I think we may let him have a Copy of the whole Mr. Att. Gen. My Lord before you rise I desire you would please to take the Examination of Mr. Gregory about Mr. Starkey L. C. J. Swear him Which was done Mr. Att. Gen. What do you know concerning Mr. Starkey and what he did offer you Gregory When they came by your Lordships Permission to Mr. Colledge they brought some Papers which they delivered to him And afterwards Mr. Starkey took me aside and told me it was hard Usage that the Prisoner could not have his Counsel permitted to come to him Do him what Favour you can and I shall not be Ungrateful so he clapped four Guinneys in my hand but I immediately laid them down upon the Table and would not take them Mr. Att. Gen. My Lord I desire you would please to send for Mr. Starkey L. C. J. Let him be sent for Cl. of Cr. You must go and take up Mr Starkey Messenger Must I keep him in Custody I don't know him Cl. of Cr. No you must order him from the Court to attend here Mr. Just Jones These Papers Colledge shall not be debarr'd of for his Defence nor you Mr. Attorney from prosecuting upon them L. C. J. No we we will put them into such Hands as shall take Care about that Colledge Very few my Lord have appeared to do me any Kindness some have been frightned and Imprisoned others are now in Trouble for it L. C. J. Well you shall have the use of your Papers Colledge May I have any Friends come to see me in the mean time L. C. J. They must not come to you in the Prison to give you advice but I 'le tell you since you move it if my Brothers think it convenient whilst the Court does withdraw any body of your Friends may come to you in the Presence of your Keeper Mr. Just Jones Certainly you cannot think you can give a Priviledg to any Friend of yours to commit any Demeanor to offer Bribes to any Person Colledge I know not of any such thing Mr. Just Jones We do not charge you with it but Mr. Starkey did Colledge I have been kept a strict close Prisoner and if my Friends are so
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-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
him in my life any more then seeing him in a publick Coffee-house But there was a Picture looking on by 7 or 8 or 10 People I believe more or less and I coming and crowding in my head amongst the rest looked upon this Picture After the Crowd was over Mr. Colledge takes a Picture out of his Pocket and said he I will give you one of them if you will So he gives me a Picture which Picture if I could see I could tell what it was it was written Mac a Top and there were several Figures in it Then the Picture was shewed him This is one of the same that I had of him and I had not had it long in my Custody but meeting with Justice Warcupp I shewed it him who bid me give it him and so I did The next thing that I did see Mr. Colledge do was in the Coffee-house not the same day but another time I saw him bring in a parcel of blew Ribband which was wrought and these words eight times wrought in it twice wrought in every Quarter of a Yard No Popery No Slavery I saw him sell to a Member of Parliament as I took him to be a yard of that Ribband for 2 s. and truly I was thinking he would ask me to buy some too and I saw that Gentleman I took him to be a Parliament man take this Ribband and tye it upon his Sword As to the other thing I have to say of Mr. Colledge That very day the Parliament was Dissolved he had been in a Quarrel as he told me with Mr. Fitz Girald and I was standing in the Schoole-house Yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Mr. Fitz Girald had spit in his face and said he I spit in his face again so we went to Loggerheads together I think that was the word or fifty Cuffs So said I Mr. Colledge your Nose bleeds he takes his handkerchief out of his Pocket and wipes his Nose and said I have lost the first blood in the Cause but it will not be long before more be lost L. C. Just Where was this Sir William Jennings In the Schoole-house Yard at Oxon. I never discoursed with him afterwards till I met him at London in Fleet-Street one Sunday in the Afternoon and I remember Captain Crescett was along with me And when he came up to me How now said I honest Joyner Sayes he You call me honest Joyner some call me Rogue and Rascal and I have been beating some of them So that I believe they will be aware of it So I told Captain Crescett I never met this man but he was always in a Quarrel Colledge Was it on a Sunday that I told you I had been beating of some body Sir William Jennings You told me so Captain Crescett was by Colledge I do remember I met you but I did not tell you I had been then beating any one But pray Sir William when I met you after the Parliament was Dissolved and Fitz Girald and I had quarrel'd did I say That I had lost the first blood in the Cause but it would not be long e're more were lost Sir William you are a Gentleman as for the other men they don't care what they say nor do I so much regard them but you value your Word and Honour These were my words and pray will you recollect your self before you be positive in the thing whether I did not say I have lost the first blood for the Parliament for it was upon my vindicating of the Commons and Doctor Oates whom Fitz Girald had abused and upon that the Quarrel began so I said when you met me and told me my Nose bled I have lost the first blood for the Parliament I wish it may be the last Sir William Jennings Mr. Colledge If you please I will answer you as to that I do assure you t is the first time that ever I came upon this occasion in my days and I have declared it before and do declare it now I would rather have served the King in 3 Ingagements then come in against you or any man upon such an Occasion But I declare to you upon the whole memory of the truth the words were as I spoke them at first and no Parliament named or mentioned And my Lord moreover I will tell you When I did tell this story because Mr. Crescett that is here is able to tell you whether I did not relate the words within half an hour or a little time after Now I never had a prejudice against you in my days nor other Concern but having told Mr. Justice Warcupp this Story I am brought hither to testifie it Colledge Sir William I am very sorry you did not better observe and remember my words then Sir William Jennings I must needs say I could not imagine what the words meant when they were spoken nor do I understand them to this day but soon after they were spoken I related them to Justice Warcupp he being a Justice of Peace Mr. Serj. Holloway Gentlemen we shall rest here and conclude our Evidence for the King at present to hear what the Prisoner says to it only with my Lords leave I shall explain the words to you that are in the Indictment and tell you what is meant by Compassing and Imagining the Death of the King The Seizing the Person of the King is in Law a Compassing and Intending his Death and so it hath been adjudged in several Cases as in 1 Jacobi my Lord Cobham and my Lord Greys Case and several other Cases and so you may fully apprehend what the Charge is and may understand the words in the Indictment That if you are not satisfied with the general words of Compassing the King's Death you may know that the Seizing his Person extends to it Mr. Serj. Jefferies My Lord we have done with our Evidence now let him go on with his L. Chief Justice Now Mr. Colledge you may say what you will for your defence and call your Witnesses that you have to produce Colledge My Lord I have heard this Evidence that is against me and I would desire your Lordship to resolve me some Questions upon it I think the Indictment is for Treasonable Practices for a Conspiracy now I desire your Lordship will be pleased that I may know from you and the Court whether in all this Evidence given in proof against me a Conspiracy is proved or if any thing appears besides what they say I said L. Chief Justice For a Conspiracy in you If the Witnesses speak Truth there is a plain proof and of the degrees of it First of all By your publishing Libels and Pictures to make the King Odious and Contemptible in the Eyes of the People and that you should be the Author of some of those Pictures and they were found in your Custody Colledge I conceive that is not proved L. Chief Justice If the
will prove that these are Suborned men for Macnamarra did tell me presently after the Parliament broke up at Oxon and whispered it to me in the Coffee-house Said he there is a Design laid to make us retract our Evidence and go over to Fitz Girald Said I I suppose they have been at that sport a great while Ah said he they make large offers Said I by whom Said he Colonel Warcupp hath been at me and he tells me Mr. Just Jones Macnamarra is not produced against you as a Witness at all Colledge No but he told me this that there was such a design and said he I will get you and some other honest men and he desired me to be by when he had something more to tell which would do his business for him but the next news I heard of him was he was put into Newgate L. Ch. Just Call your Witnesses Mr. Colledge and prove what you can Coll. Call Mr. Hickman Mr. Attorn Gen. My Lord I desire he may observe the same rule he desired about our Witnesses that he may call but one at a time Coll. Yes yes I will call them one by one L. Ch. Just Are not your Witnesses together send to them Coll. My Lord I don't know I have not seen one since I come This is not the first time my Lord the Papists have designed to take away my Life though it is the first time they went about to take it away by a Law L. Ch. Just I know not of one Papist that is a Witness against you Coll. There is never a man of them except Sir William Jennings but what was a Papist Mr. Attorn Gen. What say you to Mr. Masters Coll. Mr. Masters says nothing material it was only a jocose discourse Mr. Serj. Jeff. It was very pleasant discourse upon my word you were as merry as when you were singing of the Rary Shew Mr. Just Jones What do you make mirth of the blackest Tragedy that ever was That horrid Rebellion and the Murther of the late King Coll. I never justified that Parliament in any such thing that they did contrary to Law Mr. Just Jones He swears it Mr. Attorn Gen. Hickman does not appear call another Coll. Call William Shewin who appeared L. Ch. Just Look you here Friend you are not to be sworn but when you speak in a Court of Justice and in a course of Justice you must speak as in the presence of God and only speak what is true Coll. I would not have any body speak any thing for me but what is truth L. Ch. Just Now ask him what you will Coll. I don't know the Gentleman But pray Sir will you tell what you know of these Witnesses Mr. Shewin Name any of them that I know pray Sir and I 'll tell you Coll. Do you know Bryan Haynes Mr. Shewin I know there is such a man but I have nothing to say to him Coll. Do you know Turbervile Mr. Shewin Yes Coll. Pray tell what you know of him Mr. Shewin My Lord I was in Turbervile's Company on Thursday night last at the Golden Posts at Charing-cross and there I heard him say that if I were at Oxford I should hear strange things against Colledge and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmas and he would lead him by the Gold Chain along Fleetstreet and down with his Breeches in the middle of the Coffee-house with a Band about his Neck and a Cloak Mr. Serj. Jeff. Did he say all these things against Mr. Sheriff Bethel I assure you he is a bold man Coll. What do you know of Mr. Smith Mr. Shewin I know him by sight but I have nothing in particular to say concerning him I have something to say to Macnamarra Sir if he were here Coll. Do you know any thing of this Conspiracy in general Mr. Jones What of your Conspiracy Mr. Shewin I know that they did lay who should be hang'd at Candlemas who at Christmass and who at several other times L. Ch. Just What did you hear Turbervile say Mr. Shewin Those words I spake before about Sheriff Bethel and about the Amsterdam Coffee-house Coll. Did they say what time I should be hang'd for the discourse ' rose about me Mr. Shewin One told me that there was one that did design to be returned upon this Jury that was resolved to hang him right or wrong Mr High Sher. My Lord I did hear there was such a one and I left him out of the Jury L. Ch. Just For Mr. Sheriffs honour we must take notice of what he hath said He says he heard of a man that spoke something of that nature and therefore he left him out of the Jury Coll. Now 't is possible these Witnesses were at the same sport Mr. Shewin Was Mr. Peacock Mrs. Fits-harris Maids Father or she here either of them Witnesses against you Mr. Serj. Jeff. No they were not Sir Coll. They did swear against me at the finding of the Bill Mr. Serj. Jeff. We have only called these Witnesses if you can say any thing against them do Coll. Call Henry Hickman who appeared Mr. Serj. Holl. Where do you live Sir Mr. Hickm At Holborn-bridge Mr. Attorn Gen. What Trade are you Mr. Hickm A Cabinet-maker L. Ch. Just What do you ask him Coll. Do you know Haynes Hickm Yes very well because he used to come to my house to a Popish Widow that was a Lodger in my house where I live now and this person was a Prisoner at Haynes's when he was a Prisoner in the Fleet. I always had a suspicion he was a Priest not that I could accuse him really of any thing but he several times using to come to my house I thought so of him and discoursing with my Land-lady L. Ch. Just Your Tenant you mean Mr. Hickm Yes my Tenant I asked her what this fellow was said she he is a very dangerous Fellow though he is a Papist and I am one my self yet he is a dangerous person and he does not much care what he swears against any one Mr. Just Jones This your Tenant told you what do you know your self Mr. Hickm Another time he came to speak with my Tenant Mrs. Scot who is now gone into Ireland when he came to the house he asked me is Mrs. Scot within Yes said I Mr. Haynes she is above and up he goes and there they locked the door and plucked out the key so I slipt off my Shoes for I thought there might be more danger from such people than I could discover any other way So I went up stairs and stood at the door and hearkned hearing my Land-lady talk something to him he wraps out a great Oath God dam me said he I care not what I swear nor who I swear against for 't is my Trade to get money by swearing Whereupon my Lord I came down as fast as I could and a little after I saw him go out and
do not put a trick upon us This may be a trick of the Papists to ruine us and if they have such a designe if they will not put it upon you and I they are fools Upon your Lordship said I they may but I am a poor inconsiderable fellow Says my Lord I 'll tell you Mr. Godfrey Mr. Colledge hath not onely been an honest man but an useful and an active man for the Protestant interest So I told my Lord how far I had gone with him and that I desired it might be put in Writing Says my Lord Shaftsbury If he will put it in Writing I will go once again for I have been since I saw the Fellow with my Lord Macclesfield and my Lord Chief Justice Pemberton and my Lord Chancellor and I have told them that there is such a person in general but I knew not the man as indeed my Lord did not for onely Ivy was the person between them that my Lord knew And I told them says my Lord that he can confirm all that Fitz-harris has said concerning the death of Sir Edmundbury Godfrey and that he would prove my Lord of Danby was in it if he might have his Pardon and my Lord said They promised to speak to his Majesty that it might be granted But some time the latter end of the week I heard it would not be granted and both of these men followed me to know what they should do Said I My Lord Shaftsbury knows not but that it may be a Trick and said I to Ivy I wonder why he should conceal it all this while being a necessitous man and 500 l. proffered by the King in his Proclamation Why says Ivy do you think there is no truth in it says I 'T is not my Judgment but my Lord Shaftsbury and Mr. Godfrey's Judgment too He answered me again Fitz-harris hath desired he may have a Pardon granted for himself and a Frenchman and if so be there were nothing in it Do you think he would move for a Pardon Says I Did Mr. Fitz-harris move for Haynes Pardon How do I know that says Ivy again Fitz-harris's Wife told me so Says I Let me speak with Fitz-harris's Wife let me hear her say so and I will believe you The next day he did bring her to me to my house And this was the time and the occasion that brought Fitz-harris's Wife and Haynes and Ivy and Mr. Fitz-harris's Maid to my house and I never saw Fitz-harris in my days till his Trial nor had any Communication with him But my Lord she did talk with Haynes and confirmed it to me That her Husband had desired a Pardon for him Why then said I he would do well to discover what he knows to my Lord Shaftsbury for I was with my Lord and he says he will meddle no more unless he will give it under his hand what he has to say And he did confess to me in my own Yard for there we were together That he saw my Lord of Danby come into the Chappel at Sommerset-House when the Body of Sir Edmundbury Godfrey lay under the Altar L. C. J. Here hath been nothing of this made appear by proof Colledge My Lord I onely tell you which way they introduced themselves into my Acquaintance L. C. J. You may observe what you will upon the Evidence as we told you but you ramble from the matter you are to speak to And as we told Mr. Attorney that what he said should go for nothing unless he made it out by proof so must we say to you what you say goes for nothing further than you have proved it Now you have quitted the Proof quite and not spoke to that but run into other stories I would have you keep your self to your Proofs and make your Observations upon them Colledge 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I erre I tell you the truth of things thus it was L. C. J. Truth Why if yours or any man's word in your case should go for truth no man that stands at a Bar could be convicted for every man will say he is an honest man and all the plausible things in the world Make you your Observations upon the Proof that is proper for you to do and urge it as well as you can and to the best purpose you can but to tell us long stories of passages between you and others that are not a whit proved that is not usual nor pertinent Colledge I thought it had been to the point when this man pretends to have a familiarity with me to shew how his Acquaintance begun Mr. Just Jones Why do you think 't is an Answer to him in what he proves upon his Oath Have you proved one jot of it not that I have heard 'T is your part to sum up the Evidence on your own side and to answer that which is proved upon you if you can Do that and we will hear you speak to it as long as you can But to tell stories to amuse the Jury with that are not proved and to run out into rambling discourses to no purpose that is not to be allowed nor never was in any Court of Justice Mr. Just Raymond Not one of your Witnesses have mentioned any thing that you say Mr. Just Levins I wonder Mr. Colledge you should forget your self so much for you found fault with Mr. Attorney at the beginning for opening the Evidence and you were told and the Jury were told at your request that what he said and did not prove passed for nothing But I must tell you 't is much worse in your case for Mr. Attorney onely opened what he might prove afterwards but your Observations are upon what hath been proved already and yet you run out into stories of what hath not been proved at all after your Proof is past Colledge Sir I could not prove this otherwise than by Ivy who hath been sworn against me Mr. Just Jones Would you have the Jury to believe you upon your word Colledge There is no more than his Oath against me and why my Oath being an English-man and a Protestant should not be taken as well as his that is an Irish-man and hath been a Papist I know not L. C. J. You go upon that ground that your word is to be taken as appears by your defence but I must tell you all the course of Justice were destroyed and no Justice against Malefactors were to be had if the word of him that is accused should pass for proof to acquit him Colledge My Lord I have given your Lordship an account of these fellows Conversations and what other Proofs to make I know not for I knew not what they would swear against me and I had not Witnesses in my Pocket to confront them Mr. Just Levins Well the Jury have heard it over and over again first upon your request that nothing is to be taken notice of that
Let Mr. Masters stand up again Colledge Pray Sir relate the whole discourse that passed between you and I whether I did not argue with you it was not the Parliament cut off the Kings head nor begun 〈◊〉 War but the Papists Mr Masters No you did not say any such thing We had a great deal of discourse in the Shop and under the Arch and the thing that was said Mr. Colledge was this You did say to me that you did justifie the late long Parliament of 40 and their proceedings and you said they were a Parliament that did nothing but what they had just cause for said I how can you be so impudent to say so when they raised the Rebellion against the King and cut off his head said he again they did nothing but what they had just cause for and the Parliament that sat last at Westminster were of the same opinion Mr. Just Jones I did you no wrong in repeating the evidence you see Mr. Colledge Colledge Did I not first dispute with you that they did not begin the War nor cut off the King but the Papists did it Mr. Masters Look you Mr. Colledge you would have had it the King began the War Colledge Don't you say so for I said the Papists began the War Sir say no more to me than what you will answer to God Almighty for I always said the Papists did all the mischief in the late times and I wonder Sir you would not be so just to his Majesty as to detect me for what I said then if you apprehend it to be as you now say but I am sure you did not nor could not Mr. Masters Mr. Colledge it was so far from that that I was afraid it was of dangerous Consequence and I gave some Persons of Honour an accompt of it and I was sent to but on Friday last to know what it was was said and I was desired and commanded to come down hither Colledge Pray Mr. Masters you are upon your Oath do me but Justice and speak upon your own Conscience look you to it that you speak the truth Mr. Masters I will do you all the right I can in the World Colledge Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charlton's shop at the further end Mr. Masters No it was at the entrance into the shop Mr. Colledge and did not we go into the Arch and talk there Mr. Serj. Jefferies Mr. Masters don't trouble your self your Reputation is not upon the Level with that Gentlemans Colledge I desire he may speak the very truth and nothing but the truth Mr. Masters I do as near as I can and do you no wrong you did not in your discourse say the Parliament did not begin the War nor cut off the King's Head Colledge You did say to me they did cut off the King's Head and I told you no the Papists did Mr. Masters I think you did say that the Papists had an hand in it but Sir you have left out the most material part of our Discourse which was that you said they did nothing but what they had just cause for Colledge I do say and it was my sence always That the Parliament did not cut off the King's Head for they were long out of doors before that came to pass and a new unhappy War was begun L. Ch. Just The War was a Rebellion on the Parliaments part let us not mince the matter and so it was declared by Act of Parliament and if you argued after that rate it shews your temper and that you are a very ill man for they that justifie such things as to the time passed would lead us to the same things again if they could Therefore don't go about to palliate it ad faciendum populum here 't is nothing to the matter but only to shew your Principles and the Jury have heard what Mr. Masters says Colledge I was then a Child and do not know all the passages but I speak my sence L. Ch. Just You should not have justified such things Mr. Just Jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. Just Levinz It was the Garbage of that Parliament I am sure that is the Rump but they called themselves the Parliament of England and the Parliament it was that begun the War Colledge My Lord I did not know nor don 't know that it is proved yet that the Parliament were those that did cut off the King's Head I don't know Mr. Masters is pleas'd to say this of me but I thought no evil nor did he understand it so I believe at that time for he did not seem to take advantage of my Discourse I know he talked violently and passionately with me as he used to do and for Mr. Masters to say this of me now is a great unkindness for I thought he was so much a Gentleman that if I had spoken any thing that had not become me he would have taken notice of it then Mr. Serj. Jefferies He did then he tells you Colledge Had I known of it I am sure Mr. Charlton would have done me justice and set things right but this I say I did first excuse the Parliament from being concerned in the Murder of the King or that they did begin the War but the Papists did it If it were otherwise it was more than I understood and after that I said I thought that the Parliament that sate last at Westminster did stand up for the Peoples Rights after the same manner that the Parliament in 40. did Mr. Just Jones What just after the same manner in raising War and Rebellion against the King Colledge After I had discoursed it thus my Lord as I told you it could not be understood that I thought that Parliament would cut off the King's Head And therefore you that are my Jury pray consider and take it all together there could be no such meaning made of my words for I did not conceive that that Parliament were concerned in those things but were a Parliament that stood up for the Rights of the People Now if it were so then the Parliament at Westminster were of the same opinion L. Ch. Just I tell you the Long Parliaments levying War is declared Rebellion by Act of Parliament Colledge My Lord if there hath been an Act since that says they were guilty of Rebellion I declare it 't is more than ever I knew before This is the first time that ever I heard of it Mr. Serj. Jefferies You are a mighty learned Gentleman to talk of those points indeed Colledge My Lord I desire to know whether any words that were spoken 6 months before they gave in their Depositions can be a sufficient Evidence in Law against me now L. Ch. Justice 'T is upon the Act of the 13th of this King you speak Colledge Yes My Lord I take
and neither Mr. Attorny nor Mr. Solicitor nor no Body else shall come to them till they be agreed of their Verdict Mr. Just Jones If that be the thing you ask you shall have it according to the Law Colledge And any Friend of mine may be by L. Ch. Justice There shall be an Officer sworn to keep them 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 in to Court Cl. of Cr. Gentlemen are you agreed of your Verdict Om. Yes Cl. of Cr. Who shall say for you 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 Cl. of Cr. Look to him Goaler 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 Cryer to be particularly concerned in the shout was Committed to Goal for that Night but the next Morning having received a publick reproof was discharged without Fees Then it being about 3 a Clock in the morning the Court adjourned to 10. At which hour the Court being sate and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of Kings-Bench L. Ch. Justice Where is the Prisoner Stephen Colledge Cl. of Cr. Set up Stephen Colledge Then the Prisoner was brought to the Bar. Cl. of Cr. Hearken to the Court and hold up thy hand Thou hast been Indicted and Arraigned of High Treason and for thy Tryal hast put thy self upon thy Country and they have found thee Guilty what canst thou say for thy self why the Court should not give Judgment on thee to dye according to the Law Colledge 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 't is altered since and now 't is to seize the King at Oxon but be it either one or to'ther 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. Ch. Justice Look you Mr. Colledge it is too late to profess your innocence you have been tryed and found Guilty but because you say it now 't is necessary for me to say something in vindication of the Verdict which I 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 your self by pretending to be a Protestant It is 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 Kingdome but by Confusion and after the Church is destroyed that is under God the best Bulwark against them But you that cryed so loud against the Papists it was proved here who you called Papists You had the boldness to say that the King was a Papist the Bishops were Papists and the 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 truly I thought you would have made better proof of that thing when you called so many witnesses to that purpose and then if we look to your Politicks 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 Consequents 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 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 gon 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 Kings guards or the Kings Person yet if all of your quality had gon 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 So that these things when I look upon them and consider the complexion of your defence it makes an easie 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 your self innocent of all you are charged with I think my self bound to declare here in Vindication 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 incline your mind to a submission to the Justice that has overtaken you and that you may enter into Charity with all men and prepare your self for another Life There is nothing now remaining but to pronounce 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 Execution where you shall be hanged up by the Neck and be cut down alive your Privy Members 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 Kings 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 Preparation L. Ch. Justice That will depend upon the Kings 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 Kings pleasure and obey it He will not do it so sudden but that you shall have Notice to prepare your self but it depends upon the Kings pleasure for your Body is to be at his dispose Then the Court adjourned And on Wednesday 31. of Aug. 1681. Being the Day appointed by His Majesty for his Execution he was according to Sentence Executed over against the Gate of the Castle at Oxford FINIS