as yet there is no Issue joyned whereupon such a Jury should be impannelled When you have pleaded to Issue then we must award the Sheriff to impannel a Jury to try that Issue So as to what you say as to want of preparation for your Tryal we cannot enquire what notice you have had and yet if you had never so little time there is no cause why you should not plead though you were but just now taken and brought to the Bar to answer it and never heard of any thing of it before So that I think you ought to plead presently Colledge My Lord I am wholly ignorant of the Law I may ruine my self by mistaking the Law I desire Councel not to delay my Tryal but only to advise me whether there is not something in Law proper for me to plead to this Indictment and those things I alledged were not at all to delay the Tryal but only that I may not be wanting to my self in what I may by Law have Lo. Ch. Just I tell you Councel cannot be assigned you till the Court be possessed of some matter to grant it upon Colledge I had some Papers my Lord that were taken from me which I desire may be restored to me I only plead that I may have my Birth-right and that which the Law gives me If I may have Justice I desire no more These Papers were taken from me in the House over the way since I was brought from the Prison they were Papers that concerned my defence some directions and instructions how to manage my self in that defence If you please to let me have those Papers I will not take up much of your time I desire to have but common Justice and that which is my right by Law L. Ch. Just That which you demand Justice you shall have by the Grace of God to the best of our skill without any partiality in the World But you must trust the Publick Justice of the Kingdom We are to be of Councel for you so far as to see that all things proceed fairly on all sides And when things come before us that are fit for you to have Councel upon you shall have Councel assigned you for we are tender of the life of a Man as well as of the life of the King and of the publick Justice of the Kingdom But this is no reason why you should not now plead For the Papers you speak of we will take an examination of them afterwards If they were Papers that are necessary for your defence upon your Tryal in God's Name you must have them restored to you but we know not which way you came by them nor what they are Colledge They were taken from me just now under the pretence of bringing them to your Lordship Lo. Ch. Just How comes any body to give you Papers Nobody can solicit for any one that is under an Accusation of High-Treason unless he be assigned so to do by the Court. Colledge God have mercy upon any man that is so accused then for 't is not possible for him to make his Defence if he cannot be at liberty to look after it himself nor any of his Friends permitted to do it for him Lo. ch just You can say whether you are Guilty or not Guilty without any Papers Coll. My Lord I know not but there may be something in Law for me to plead to this Indictment which I shall lose the benefit of if I plead I humbly conceive you are to be my Councel and as you are Judges are to proceed according to the Law You are upon your Oaths to do me right according to the Law Mr. Just. Jones But till you have proposed a matter of Law fit for Councel to argue there is no Councel to be assigned you Colledge If I had those Papers I could tell what I should plead My Lord this is one thing I am a Free-man of London and I am not impleadable by the Charter of London any where out of the Liberties of the City in Pleas of the Crown Lo. ch just You are indicted in Oxfordshire for High-Treason committed here If there be not any thing of High-Treason proved done in Oxfordshire you will be acquitted But a Free-man of London cannot have a priviledge to commit Treason in Oxfordshire but must be Tryed for it there Colledge Will you please to order me my Papers back that were taken from me Mr. Just Jones You ought first to plead You have a right to demand Councel in matters of Law but then it must be upon such matters of Law as you your self propose to the Court and the Court shall judge to be matters of Law fit to be debated Till then we cannot assign you Councel Colledge It was so in the Tryal of Lilburne and in the Tryal of my Lord Stafford there was Councel assigned to them Mr. Just Jones Not before they pleaded to the Indictment Colledge Did not your Lordships some of you that are Judges of the Kings-Bench say that it was the right of the Prisoner to have a Copy of the Pannel and of the Jury before the Tryal Mr. Just Jones No sure Here are two of us that are of the Court and we never heard of any such thing Colledge Pray my Lord do me right I am ignorant of the Law and through my ignorance may mistake Lo. Ch. Just God forbid we should not do you right you may expect it from us we are upon our Oaths to do all the Kings Subjects right Colledge I am ignorant in the Law and 't is impossible for me to make my defence without the assistance of my Papers L. Ch. Just Cannot you tell whether you be Guilty or not Guilty of this Treason Colledge I can so but I know not what error I may run my self into if I should plead presently and lose the benefit that the Law may give me Lo. Ch. Just All matters of Law are saved to you after you have pleaded Colledge Pray my Lord let me have my Papers again that were taken from me Cl. of Cr. You must plead to the Court Guilty or not Guilty Colledge Shall I not have my Papers after I have pleaded Lo. Ch. Just We will not capitulate with you Move what you will then but till you have pleaded we can enter into no other business Colledge I know not but I might plead some other thing to the Indictment Mr. just jones Propose what you will if it be a matter in Law fit to be argued you shall have Councel assigned you Colledge Pray my Lord let me have my Papers again If it were not my right to have them or to have Councel I would not ask it but if it be I would not lose what is my right L. ch just You must plead first I know not but he may be criminal that brought you those Papers for we allow no Sollicitors in cases of Treason Colledge Some of those Papers were received from me in the Tower and were
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 Lo. 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 Lo. 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 I have a priviledge in Law I hope you will give me the benefit of it Lo. 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 Counsel 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 says 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 Lo. 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 Lilburn'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. Art 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 Lo. 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 Lo. ch just You 'll 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 Lo. 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 Swith 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 Lo. 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 premptorily 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 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 allow 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 enquiry 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. 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 Coll. My Lord may not I have a pannel of the Jury Mr. just jo 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 't is impossible I should defend my self if I have not my papers L. c. j. We know not what papers you
copy of the Indictment and of the pannel of the Jury and those were instructions to tell me what the Law allows me Mr. Att. Gen. Here is a Speech made for you that begins thus Before you plead speak to this purpose Pray my Lord I desire that may be examined and Mr. Smith may be called to give an account how he came to give the Prisoner those papers for here are abundance of niceties proposed for him to move and there will be a strange sort of proceedings at this rate if men go about to espouse the cause of Traytors Colledge I am no Traytor Mr. Attorney Mr. Att. Gen. You stand indicted of High-Treason Colledge That is by a Grand Jury made up that morning as I am informed Mr. Att. Gen. Here is a list of the names of several men of the Countrey returned to be of the Jury and particular marks set upon them who are good men and who bad men and who moderate men Colledge Ought I not to have that paper my Lord Mr. Att. Gen. No I hope not Lo. ch just Whether they are material or not material if we should judge them not material for his defence yet it will look like an hard point upon the Prisoner and to deliver them into an hand that they may be carried away or stifled in case there were a crime in the delivering of them that would not do well on the other side therefore I would have these papers put into some safe hands that what may be for the Prisoners use he may not want and yet they may not be taken away if there be occasion to use them upon another account Mr. Att. Gen. But if it please your Lordship I desire you would enter into Examination of this matter for I have an account from London by a special Messenger that there are several persons that go up and down to procure Witnesses against the Kings Evidence making it a publick Cause and here my Lord another paper which is a List of men as Witnesses picked up together against the Kings Witnesses Lo. ch just He must have that deliver him that presently Mr. Attorn Gen. But my Lord others have gone about and framed Witnesses for him L. Ch. Just You must give him a list of his Witnesses for I see not what use you can make of it Mr. Serj. jeff. This no man will oppose sure if any thing that is delivered to him be fit to be delivered the person that delivers it must come and own it but before any person delivers any papers to the Prisoner for him to make use of against the Kings Evidence we desire to know what those papers mean and who gave them Lo. Ch. Just Look you Brother we will have nothing of heat till the Tryal be over when that is over if there be any thing that requires our Examination it will be proper for us to enter into the consideration of it But in the mean while what hurt is there if the papers be put into some trusty hands that the Prisoner may make the best use of them he can and yet they remain ready to be produced upon occasion if a man be speaking for his Life though he speak that which is not material or nothing to the purpose that will be no harm to permit that Mr. Serj. jefferies With submission my Lord that is assigning him Counsel with a Witness Mr. Att. Gen. If people are permitted to go up and down and ask counsel of persons and bring it in papers to the Prisoner 't is the same thing as if Counsel came to him Here is a busie Solicitor and he gets advice from Councel and then he delivers it to the Prisoner 't is the first of the kind certainly that ever was allowed and if this be not to assign him Counsel I know not what is Lo. Ch. Just What think you of our perusing the papers Mr. Att. Gen. With all my heart my Lord. Colledge If you take away all helps from me you had as good condemn me without a Tryal Mr. Att. Gen. You ought not to have helps to plead dilatories Colledge Not to help me to my right in Law Mr. Att. Gen. We are to go upon the Fact now And my Lord I pray your jugdment about them when you have perused them Then the Judges looked upon that paper that was called the Speech L. c. j. We have read enough of this to suppress it and to examine it how this came to his hands Mr. just jones Where is Aaron Smith Mr. Att. Gen. My Lord here is another that is worse than that charging the Justice of the Nation Pray call Mr. Aaron Smith and Mr. Henry Starkey Mr. Smith appeared Mr. Att. Gen. Mr. Smith did you deliver these two papers to the Prisoner Mr. Smith Does any body accuse me that I did Mr. Att. Gen. You are accused for it Mr. Smith I desire proof may be made against me Mr. Att. Gen. That will be done L. c. j. Look you we will not interrupt the Tryal with it Mr. Smith must be taken into safe custody only to secure him till we can examine it not as charged with any crime but only that he may be forth-coming to be examined Mr. Att. Gen. You do not make a direct answer Mr. Smith in the case it will be proved upon you Mr. Smith Mr. Attorney I know not what answer to make better than I have given our Law says no man is bound to accuse himself Mr. Att. Gen. But our Law says you shall be examined Mr. Smith I come to give no Informations here Mr. Attorney if I did I should be then examined Mr. Att. Gen. Here are Instructions given to the Prisoner they say you gave them Mr. Smith I desire to have it proved L. c. j. Mr. Attorney you will take a Recognizance of Mr. Smith to be forth-coming during this Sessions Mr. Smith I will not depart my Lord I assure you And I hope Mr. Attorney will take my word Mr. Att. Gen. Indeed I will not Mr. Smith because you have broken it with me already when I gave you leave to go to the Prison I did not think you would have abused that kindness to give him papers Lo. ch just Well take his Recognizance Mr. Smith 'T is high time to have a care when our Lives and Estates and all are beset here L. c. j. What do you mean by that Mr. Smith Mr. Smith I said it not meaning by it the Court for I dealare Jabhor that Expression to be so interpreted that I reflected upon the Court. L. c. j. Why do you use such loose Expressions then Mr. Smith Mr. Smith Because I have been threatned since I came to Town though I have not spoke one word in any publik company since I came Mr. just jones It seems you will reflect here in the face of the Court and in the face of the Countrey 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 Lo. ch just 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 Countrey 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. ch just 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 councel in an indirect way which the Law gives you not directly Coll. If I am ignorant what Questions to ask of the Witnesses shall not my Friends help me my Lord Lo. Ch. Just We will sift out the Truth as well as we can you need not fear it Coll. 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 Guineys it seems as a Bribe to the Gaoler and he offered four more to let him have liberty to come to him Mr. S. jeff. 'T is time indeed for Mr. Smith to have a care Keeper It was Mr. Starkey that offered me the four Guineys Mr. Att. Gen. Pray call Mr. Henry Starkey But he did not appear Then the Court took a Recognizance of 100l of Mr. Smith to attend the Court durying the Session Coll. Pray my Lord let me have my papers delivered to me I cannot make my Defence else Lo. Ch. Just We are your councel in matter of Fact and to give you your papers were to assign you councel 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 Coll. A great deal of it is my own my Lord. L. c. j. Mr. Attorney truly I think that that do's not contain matter of Scandal may be transcribed and given to the Prisoner Coll. My Lord I desire I may have that that has in the Margent of its 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 Coll. 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 an ignorant may be lost by it but can't help it L. c. j. If matter of Law arise you shall have counsel in it Coll. 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 Coll. 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 Coll. I desire I may have a copy of the whole Mr. just jones No we do not think fit to do that Coll. 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. Sweatr 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 Councel permitted to come to him Do him what favour you can and I shall not be ungrateful so he clapped four Guineys 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 will put them into such hands as shall take care about that Coll. Very few my Lord have appeared to do me any kindness some have been frightned and imprisoned others are now in trouble for it Lo. Ch. Just Well you shall have the use of your papers Coll. 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 'll 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 we can give a priviledge to any Friend of yours to commit any Demeanor to offer Bribes to any person Coll. I know not of any such thing Mr. just jones We do not charge you with it but Mr. Starkey did Coll. I have been kept a strict close Prisoner and if my friends are so kind to me as to help me in order to my Defence I hope you will not be against it Pray my Lord let me have my papers L. c. j. You shall have them but they shall be put
〈◊〉 ARRAIGNMENT TRYAL And CONDEMNATION of STEPHEN COLLEDGE FOR HIGH-TREASON IN Conspiring the Death of the KING the Levying of WAR and the Subversion of the GOVERNMENT Before the Right Honourable Sir FRANCIS NORTH Lord Chief Justice of the Court of common-Common-Pleas and other Commissioners of Oyer and Terminer and Goal-Delivery held at the City of Oxon. for the County of Oxon. the 17th and 18th of August 1681. I do appoint THOMAS BASSET and JOHN FISH to Print the Arraignment Tryal and Condemnation of Stephen Colledge and that no others presume to Print the same Fr. North. DVBLIN Printed by Joseph Ray at Colledge-Green for a Society of Stationers 1681. TO THE KINGS MOST EXCELLENT MAJESTY The Humble Petition of Stephen Colledge now Prisoner in Your Majesties 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 prays 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 Mr. 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 matter 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 M. Smith M. Thompson M. 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 days before his Tryal And your Petitioner shall ever pray c. A true Copy Francis Gwyn At Hampton Court Aug. 11. 1681. IT is Ordered vp 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 Raymond Mr. Justice Levyns On Wednesday the 17th 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 Lo. Ch. Just North. GEntlemen You that are returned of the Grand Inqust 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 hereabout 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 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
he may observe the same rule he desired about our Witnesses that he may call but one at a time Colledge Yes yes I will call them one by one L. c. j. Are not your Witnesses together send to them Colledge 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 go to take it away by a Law L. c. j. I know not of one Papist that is a Witness against you Colledge There is never a man of them except Sir William Jennings but what was a Papists Mr. Att. Gen. What say you to Mr. Masters Colledge 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 Colledge I never justified that Parliament in any such thing that they did contrary to Law Mr. just jones He swears it Mr. Att. Gen. Hickman does not appear call another Coll. Call William Shewin who appeared L. c. j. 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. c. j. Now ask him what you will Colledge 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 Colledge Do you know Bryan Haynes Mr. Shewin I know there is such a man but I have nothing to say to him Colledge Do you know Turbervile Mr. Shewin Yes Colledge 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 Christmass 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. jefferies 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 Colledge 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 Candlemass who at Christmass and who at several other times Lo. ch just What did you hear Turbervile say Mr. Shewin Those words I spake before about Sheriff Bethel and about the Amsterdam Coffee-House Colledge 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 heare 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. Fitz 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. Ser. Jeff. We have only called these Witnesses if you can say any thing against them do Coll. Call Henry Hickman who appeared Mr. Serj. Holloway Where do you live Sir Mr. Hickman At Holborn-Bridge Mr. Att. Gen. What Trade are you Mr. Hickman A Cabinet-maker L. ch Just What do you ask him Coll. Do you know Haynes Hickman 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 Landlady Lo. ch just Your Tenant you mean Mr. Hickman 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. Hickman 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 Shooes 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 hearkened hearing my Landlady 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 as soon as my Landlady came down said I Mrs. Scot I desire you would provide your self as soon as you can I would be civil to you and I would not put you to a non-pluss because your Goods by the Law will be seized for not departing according to the Kings Proclamation So a while ago since this business of Haynes's swearing against my Lord of Shaftsbury I bethought my self of some other businesses I had heard To find out the Knavery I went to the Fleet where he hath a very ill character as well amongst the Papists as the Protestants Whereupon I asked one Fellow that was a kind of a Porter if he knew any thing of him Said he Go you to such an one Mr. Ser. Jeff. We must not permit this for example sake to tell what others said Lo. Ch. Just Nothing is Evidence but what you know of your own knowledge you must not tell what others said Hickman This I do say I heard him say and there are
Colledge You may see there was an understanding between them then Mr. just jones Did they go accordingly Mrs. Bol. Now and then they have gone to him but they knew his business because they had discourse with him as they said upon the road and they would not go L. c. j. Would you ask her any thing else what do you know more Mrs. Bolron Nothing for I am not one that stirs much abroad Colledge Call Mr. Everard Lo. c. j. What do you ask him Colledge As for Mr. Everard I need not ask him whether he knows him for they know one another well enough But Mr. Everard that I would ask you is this what do you know of Mr. Smith and of this contrivance against me Mr. Everard Mr. Smith I have been to see of late and he told me he knew of no Presbyterian or Protestant Plot and when my Lord Howard was tried that is the Bill brought against him he said he wondred how my Lord Howard could be Guilty and that both himself and I were joyned as Evidence to that Jury only to put a gloss upon the Evidence for says he I have nothing material to say Coll. Mr. Everard Do you know any thing more concerning him what he hath said at other times concerning me Mr. Everard I have told you already what I have heard him say that he thought there was no Protestant or Presbyterian Plot that now of late within this little while Colledge Pray Sir was there not some discourse betwixt Justice Warcupp and you in Lincolns-Inn Walks Mr. Everard Is Justice Warcupp an Evidence here L. c. j. No no. Colledge 'T is all but Evidence of a Presbyterian Plot therefore pray Sir what was the discourse between Justice Warcupp and you what would he have had you done L. c. j. I think it is not material there is nothing of Mr. Warcupp in this Tryal Mr. Everard If the Court does allow of it I will freely tell it Coll. My Lord the Papists design is to make a Protestant Plot to turn off their own and they begin with me but if I should go they would not be satisfied with me they would be at others L. c. j. There is nothing concerning a Presbyterian or Protestant Plot in the case Colledge My Lord if there be no Presbyterian Protestant Plot and others to joyn in it how could I do it by my self 't is impossible I should have such a design of seizing the King and improbable I should speak it Now my Lord this man was sollicited to come in for an Evidence of such a Plot. Mr. Everard That is true L. c. j. I tell you it is not material Justice Warcupp is not concerned in your Tryal Mr. Everard Justice Warcupp would have perswaded me to have sworn against some Lords a Presbyterian Plot but I deny that I know any such thing of them Coll. The Papists aim is not at me only but at others Mr. Ser. jeff. We have nothing to do with what you and Justice Warcupp talked of for example sake my Lord let us have no discourses that concern third persons brought in here L. c. j. Would he have perswaded you to say any thing that was not true Mr. Everard He did not say positively those words but this he said I knew seveveral Lords Mr. just jones Now here is Mr. Justice Warcupp's same traduc'd behind his back in the face of the Countrey and it is nothing to this cause before us Coll. My Lord I desire to know what he knows of these things and that he may speak it out 't is a material thing for me and others Here is a design of the Papists to turn a Plot upon the Protestants they begin with me and if they have my blood who may feel the effect of it next I cannot tell Lo. ch Just Truly I think it not material to your case and indeed 't is of ill consequence to have any man traduced behind his back as Justice VVarcupp is Coll. My Lord Macnamarra told me that that man would have seduced him to have retracted his Evidence upon my Salvation 't is true L. c. j. We meddle not with Macnamarra neither he is no Evidence against you Coll. Macnamarra hath sworn against me at the Old-Baily and at the finding of this Bill but they have laid him by upon some trick or other I desire Mr. Everard may tell what he knows Mr. Everard I would not reflect upon any person nor will I answer it if the Court do not think fit Coll. My Lord this is foul play if I die my self for my Countrey sake I can do it freely and the will of God be done I would have the truth out for the sake of the Protestants Mr. Everard I am very willing to tell the truth if the Court think fit L. c. j. I see not that he says Mr. VVarcupp would have had him swear that which was not true Mr. Ever But this he said if the Court will allow me to speak it Justice VVarcupp said that certainly there was a Presbyterian Plot and such things and that some Lords some of the Protestant protesting Lords must be guilty of it and said he certainly you know much of it You know such and such things therefore you may safely swear it if I knew it so by argument he would first prove there was a Plot and combination amongst those Lords and then said he this you may safely swear Mr. just jones What is this to your purpose Mr. Colledge only Mr. Warcup's name is brought upon the stage when he is not here to vindicate himself L. c. j. Would you ask him any thing else Coll. If he does know any thing more of any of them I desire he would speak it Mr. Ev. Concerning Mr. Haynes he told me it was necessity that drove him to speak any thing against the Protestants and the hard Pay and the Gratitude he did receive from the Citizens Then Mr. Jones acquainted the Court that Mr. Warcup was just come in and desired to vindicate himself But the Kings other Counsel waved it saying there was no weight in it Lo. ch just Where did he tell you this Mr. Ev. In the fields near Grays-Inn Lo. ch just How long since Mr. Ev. About three weeks ago I asked him Mr. Haynes said I I would not draw you from your Testimony in any thing but how can this be congruous to what you have said formerly That you knew nothing by them The truth is said he I will not say much to excuse my self but my Wife was reduced to that necessity that she begg'd at Rouse's door and craved some Salary and Mr. Rouse would not give her any and said he meer necessity drove me to it Colledge He found better pay in another place Mr. Ev. And says he 't is Self-preservation in the next place for I was brought in guilty when I was taken up and therefore I was obliged to do some things to save my Life Coll. Pray my
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 French-man 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's 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 VVife and Haynes and Ivy and Mr. Fitz-Harris's maid to my House and I never saw Fitz-Harris in my days till his Tryal 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 Coll. My lord I only 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 Coll. 'T is as I humbly conceive it to my purpose but I hope my ignorance may excuse me if I err I tell you the truth of things thus it was L. c. j. Truth Why if yours or any mans 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 'tis 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 only 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 Coll. There is no more than his Oath against me and why my Oath being an Englishman 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 is not proved Coll. Pray my Lord then as to Haynes My Lord I do observe that there was a witness for me that did prove he owned he was one that was employed to make a Protestant Plot and another that did hear him swear dam him he would swear any thing against any body for money for it was his Trade Mr. just Levins Now you are right speak as much as you will as to your proofs Coll. My Lord I think Turbervile and Dugdale swear as to the tenth of March Oxon. I desire it may be proved I was in Oxford the tenth of March. Mr. just jones You your self came down the middle of March. L. c. j. I do not remember that they said the tenth of March. Coll. Did not the Indictment say so Mr. Att. Gen. It is only in the Indictment L. c. j. As to the time mentioned in the Indictment it is not material that is the constant rule in Tryals upon Indictments as if an Horse be laid to be stole the tenth if it be proved the Prisoner stole it another day it will be sufficient the time is not material the question is whether the Indictment be true in substance Mr. Colledge my Brothers will all tell you that the Law is so Mr. just Levins Though it is laid the tenth of March yet if it be proved the first or twentieth before or after it is all one So the thing be proved they are not bound to a day Coll. My Lord the punctilio's of Law I know not but it was the twenty fourth or twenty fifth e're I came down L. c. j. Well go on Sir Coll. Dugdale says I
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 Coll. 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 Coll. Then before the Court do you declare whether we did not discourse at that time as I said for this discourse was at Mr. Charltons 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. jeff. Mr. Masters don't trouble your self your Reputation is not upon the level with that Gentlemans Coll. 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 Kings Head Coll. You did say to me they did cut off the Kings 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 Coll. I do say and it was my sense always that the Parliament did not cut off the Kings Head for they were long out of doors before that came to pass and a new unhappy War was begun L. c. j. 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 it 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 sense L. c. j. You should not have justified such things Mr. ju jones Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament Mr. just Levins 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 Kings 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. Ser. jeff. He did then he tells you Colledge Had I known of it I am sure Mr. Charleton 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 Coll. 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. c. j. I tell you the long Parliaments levying War is declared Rebellion by Act of Parliament Coll. 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. jeff. You are a mighty learned Gentleman to talk of those points indeed Coll. 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. c. j. 'T is upon the Act of the 13th of this King you speak Colledge Yes my Lord I take it upon that Statute L. c. j. I tell you as to that part of the Statute which concerns Misdemeanors there is a particular clause for prosecution by order of King or Council but as to that part of the Statute that concerns Treason it must be prosecuted within six months and the Indictment within three months after Coll. VVhat Statute is this Indictment grounded upon Mr. just jones All Statutes that concern Treason L. c. j. Upon the Statute of the 25 of Edw. 3. which declares the Common-Law and the Statute of the 13. of this King which when you have done I will have read to the Jury Coll. Then pray my Lord let me ask you one question whether the Statute of the 25th of Edw. 3. does not say that there shall be two positive witnesses to Treason Mr. just jones No but there is another that does Coll. I am ignorant of the Law and therefore I ask the question L. c. j. Well I will tell you there must be two witnesses in the case but one witness to one fact at one time and another witness to another fact at another time will be sufficient Evidence to maintain an Indictment of Treason this was told you in the morning Mr. just jones And it was told you withal that it was the resolution of all the Judges in the case of my Lord Stafford when he was tryed in Parliament Coll. They proved fact in that case writing of Letters and offering money to kill the King but nothing of fact is proved against me but riding into the Countrey with Arms that I had three years before L. c. Just We will read the Statute of the 13th wherein words are declared to be Treason Coll. I pray it may be read if you please VVhich was done L. c. j. Look you here to compass or imagine the
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 Coll. 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 againste me now contrary to what was sworn at London They swear now I was to seize the King at Oxford 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 Oxford but be it either one or t'other 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. c. j. 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 savoured 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 crying 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 Kingdom 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 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 manny 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 consequences of that was the murder of the best King in the world that you should go to justifie the proceedings of that Parliament and affirm that they did nothing but what they had just cause to do I say he that will justifie 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 for 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 â—nto 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 gone to have guarded the Parliament what an Assembly had there been what a bustle might they have made and what confusion might there 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 gone 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 Countrey 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 hapned 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 Countrey 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 Lo. ch just That will depend upon the King's 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 King's 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 King's pleasure for your body is to be at his dispose Then the Court adjourned And on Wednesday the 31. of August 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