Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	day_n	king_n	year_n	9,216	5	5.1012	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25878	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 Sir Francis North, Lord Chief Justice of the Court of Common-Pleas, and other commissioners of oyer and terminer and gaol-delivery held at the city of Oxon. for the county of Oxon. the 17th and 18th of August 1681. 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.	England and Wales. Court of Common Pleas.	1681 (1681)	Wing A3762; ESTC R214886	159,379	148

nor weighing the Duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly withdrawing and machinating and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb and Sedition and Rebellion and War against our Sovereign Lord the King within this Kingdom of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King should and of right ought to bear wholly to withdraw put out and extinguish and him our said Sovereign Lord the King to Death and final Destruction to bring and put the tenth day of March in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Oxford in the County of Oxford Falsly Maliciously Subtilly and Traiterously did Purpose Compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause and our said Sovereign Lord the King from his Regal State Title Power and Government of his Kingdom of England to deprive depose cast down and disinherit and him our said Sovereign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom at thy will and pleasure to change and alter and the State of all this Kingdom of England in all its parts well Instituted and Ordained wholly to Subvert and Destroy and War against our said Sovereign Lord the King within this Kingdom of England to levy and thy said most Wicked Treasons and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect thou the said Stephen Colledge the said tenth day of March in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms c. at Oxford aforesaid in the County of Oxford aforesaid Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King And thy self in warlike manner for the purposes aforesaid then and there Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst Arm and one Edward Turbervill and other Subjects of our said Sovereign Lord the King to Arm themselves to perfect thy Traiterous purposes aforesaid then and there Advisedly Maliciously and Trayterously didst incite and advise And further then and there Falsly Maliciously Subtilly Advisedly Devilishly and Trayterously didst say and declare That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid in the County of Oxford aforesaid And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid in the County aforesaid And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations Compassings and Purposes aforesaid the sooner to fulfil and perfect and discords between our said Sovereign Lord the King and his People to move cause and procure then and divers times and days as well before as after at Oxford aforesaid in the County of Oxford aforesaid in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King then and there being present Falsly Maliciously Subtilly Advisedly Devilishly and Traiterously didst say and declare That nothing of good was to be expected from our said Sovereign Lord the King and that our said Sovereign Lord the King did mind nothing but Beastliness and the destruction of his People And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statutes in this Case made and provided How sayest thou Stephen Colledge Art thou Guilty of this High-Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty Colledge My Lord I do desire if it please your Lordship to be heard a few words L. Ch. Just Look you Mr. Colledge the matter that hath been here read unto you is a plain matter and it hath been read to you in English that you may understand it 'T is an Indictment of High Treason now you must know that no Plea can be received to it but either Guilty or not Guilty as to the Fact if you can assign any matter in Law do it Colledge Will you please to spare me that I may be heard a few words I have been kept close Prisoner in the Tower ever since I was taken I was all along unacquainted with what was charged upon me I knew not what was sworn against me nor the persons that did swear it against me and therefore I am wholly ignorant of the matter I do humbly desire I may have a Copy of the Indictment and a Copy of the Jury that is to pass upon me and that I may have Council assigned me to advise me whether I have not something in Law pleadable in Bar of this Indictment Lo. Ch. Just These are the things you ask You would have a Copy of the Indictment you would have Council assigned to you to advise you in matter of Law and a Copy of the Jury Colledge One word more my Lord I desire to know upon what Statute I am Indicted Lo. Ch. Just I will tell you for that Is it not contra formam Statut. with an abbreviation Cl. of Cr. Yes Lo. Ch. Just That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason Now for those things that you demand you cannot have them by Law No man can have a Copy of the Indictment by Law for Councel you cannot have it unless matter of Law arises and that must be propounded by you and then if it be a matter debatable the Court will assign you Councel but it must be upon a matter fit to be argued for I must tell you a defence in Case of High-Treason ought not to be made by Artificial Cavils but by plain Fact If you purpose any matter of Law the Court will consider of it and assign you Councel if it be reasonable For a copy of the Jury that you can't have neither for there is no such thing

see Mr. Colledge do that was in the coffee-house not the same day but another time I saw him bring in a parcel of blue 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 ●●●l 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 but 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 Fitz-Gerald and I was standing in the School-House yard and he comes directly to me without my speaking to him or any thing but he comes and tells me Fitz-Gerald 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 Fisty-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. j. Where was this Sir William Jennings In the School-house Yard at Oxon. I never discoursed with him afterwards till I met him in 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 Says 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 somebody Sir Will. jenn. You told me so Captain Crescett was by Colledge I 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-Gerald and I had quarrell'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 Dr. Oates whom Fitz-Gerald 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 Will. jenn. 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 three Engagements 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 VVarcupp this story I am brought hither to testifie it Coll. Sir William I am sorry you did not better observe and remember my words then Sir VVill. jenn. 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 VVarcupp he being a Justice of Peace Mr. Ser. 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 Jacob my Lord Cobham and my Lord Grey's 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 Kings death you may know that the seizing his person extends to it Mr. Ser. jeff. My Lord we have done with our Evidence now let him go on with his L. ch just 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. c. j. 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 Lo. ch just If the Witnesses say true it is proved Colledge They do not produce that they do but say it Lo. ch just Mr. Dugdale swears that at Oxford here you shew'd him the Picture you sung the Song here and expounded it at my Lord Lovelace's and a great many of them are found in your custody Then that you prepared Arms that you shew'd Smith the Arms in your House and having those Arms you said you would go to Oxford and if there should be a disturbance there you would secure the King And you did come to Oxford where you hear what is said for I observe Stephen Dugdale and Edward Turbervile speak of what was done at Oxford John Smith and Bryan Haynes speak of what you said at London before you went to Oxford and after you came from Oxford Now I say if these Witnesses speak true 't is a strong Evidence against you both upon the

Statute of the 25 Edw. the 3d. and that of this King too For my Brother Holloway told you true That whereas the Imagining the death of the King is High Treason by the 25 of Edw. the 3d. so a seizing of the King and an endeavour to do that is a constructive intention of the death of the King for Kings are never Prisoners but in order to their death And therefore it hath been held in all times that by the Statute of Edw. 3d. that was Treason but then the Statute of this King in the 13th year of his Reign is more strong for there it says If any man shall by any words or malicious speaking shew the imagination of his heart that he hath any such intention that is Treason too Coll. My Lord the Foundation of this Indictment is said to be laid here in Oxford as I suppose pray my Lord here is only Mr. Dugdale and Turbervile that swear against me for what I should say in Oxon. all the rest speak to things said and done at London Now my Lord I desire to know whether they have proved any Treasonable Practices Conspiracy or Design against the Government I would feign know that whether there be matter here to ground an Indictment upon for the one says in one place the other in the other which may be distinct matters and none of them swear Facts against me but only Words Mr. just jones Yes providing Arms for your self and offering others Arms. Coll. That I shall make this Answer to I had only a case of Pistols and a Sword which every Footman and Horseman had that came from London I think But further my Lord I would ask your Lordship whether there ought not to be Witnessesdistinct to swear words at one and the same time Mr. just jones No no the Resolution of the Judges in my Lord Staffords case is contrary L. ch just Look you it hath been often resolved that if there be one Witness that proves one Fact which is an Evidence of Treason and another proves another Fact that is an Evidence of the same Treason though they be but single Witnesses to several Facts yet they are two Witnesses to an Indictment of Treason that hath been often publickly resolved particularly in the case of my Lord Stafford mentioned by my Brother And I 'le tell you my Opinion further if there be one Witness that proves here what you said at Oxford and another that proves what was said in London if they be in order to the same Treason it is sufficient for if you do conspire to commit such a Treason in London and you come with such an imagination in your Heart to Oxford to compleat this Treason tho your Design was not first formed there I think 't is enough to maintain an Indictment of Treason and they are two good Witnesses though but one speak to what was done at Oxford but I must tell you in your case there are two full Witnesses to that which was done at Oxford besides Sir William Jennings Colledge That which Sir William Jennings speaks of I told you before what it was I said It was the first Blood that was shed for the Parliament Mr. just jones The Parliament was dissolved before that which Sir William Jennings speaks of therefore you could not say it was to defend the Parliament Coll. Mr. Dugdale did say that I spake such and such words in the Barbers Shop in the Angel-Inne there I was indeed at the time that he does speak of and the Barber was by I do think indeed it were convenient to have him here but I knew not where he would charge me or what it was he would charge me with because I never said any thing in my life that was like Treason L. c. j. Mr. Colledge call any Witnesses you will Coll. But my Lord pray let me ask you one Question more You take these words distinct from any matter of Fact don't you L. c. j. No complicated with the Fact which was the Overt-Act the coming to Oxon. with Pistols to make one if there had been any disturbance and to seize the King Colledge Then my Lord I would ask you whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which I am now indicted and which was given in Evidence before the Grand Jury upon which the Tryal was there grounded L. ch just Any Act of Treason this is of the same kind And I 'le tell you that was resolved in Sir Henry Vanes case those that gave you that paper understand it But I speak now to your capacity and to satisfie your Question He was indicted for levying War against the King he conspired in Westminster the War was levyed in another County the Conspiracy upon the Tryal was proved in the County of Middlesex and the War in another place and yet it was held sufficient to maintain the Indictment in the County of Middlesex Colledge There was a War really levyed but God be thanked here is only bare words Mr. just jones Yes Actions too Colledge What Actions my Lord Mr. just jones Arming your self and coming to Oxford Lo. ch just Well I have told you my Opinion My Brothers will speak theirs if they think otherwise Mr. just jones That is not your case neither though I am of the same opinion with my Lord for here are two Witnesses have proved plain matter of Fact at Oxford the providing Arms your self and encouraging others to take Arms Colledge They name no persons Mr. just jones You will have my Opinion and yet you will give me no leave to speak I had patience to hear you You are told there are two Witnesses Turbervile and Dugdale that prove your providing and having of Arms at Oxon. and perswading others to take Arms particularly Turbervile He told you he had no Arms or but a case of Pistols and he had no Horse but you told him you would provide him an Horse And then there are two other Witnesses Smith and Bryan Haynes they do not tell you of any thing done at Oxford but they tell you what you said in their hearing of what you had done in Oxon. and so I think if the Witnesses are to be believed there is a very full proof against you Mr. just Raymond I am of the same Opinion truly and I cannot find but that there is proof enough by two Witnesses Turbervile and Dugdale of what was done at Oxford They swear matter of Fact not Words only but Actions also Coll. No Fact but that I had Pistols and a Sword and that I should tell Mr. Turbervile I would provide him an Horse which is still but Words Mr. just Jones But you shall hear anon for the full conviction of you and all others the Statute of the 13th of this King read to you and you shall there see that such words are made Treason Coll. But I beseech your Lordship to tell me whether there must not