Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
View all documents for the selected quad

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

There are 3 snippets containing the selected quad. | View lemmatised text

〈◊〉 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
discovered what I told your Lordship before a design to destroy the Parliament at Oxford an Army that was to land in the North another in Ireland and the Duke of York was to be at the head of them My Lord after I had heard all out he did desire us all to conceal what he had said till the Parliament sat and then he would not only discover this but much more He at the same time told us that there was a design of Fitz-Gerald's against my Lord Shaftsbury to take away his life and he was employed to come to his Cousin Macnamarra to get him over to joyn in the design and he should never want for money if he would but come over and do as they would have him After he had discovered himself Sir said I you are a stranger to me and I never saw him before in my days if he had seen me I can't tell But Sir said I either this is true or this is false If it be true said he 't is all true and much more So he up and told us much of Coleman and of the reconciliation between the Duke of Ormond and the Duke of York and how he came to be Lord Lieutenant of Ireland and how Plunket came to be Primate and by means of whom and the Letters that passed and how so much a year was given to Plunket for carrying on the correspondence and he told us so much that I did wonder to hear any man talk after that rate After I had heard what he had to say I told him Sir said I this is either true or false that you have said if it be true my Lord Shaftsbury shall know it to night for I will not conceal such a thing concerning a Peer of the Realm and if it were a colour he should know of it And I did send him word that night and said I Sir you ought to go for your own security and ours too to swear it before a Magistrate Said he if I should I should be discovered Said I I can't think you will be discovered if you swore it before Sir George Treby or Sir Robert Clayton they will not discover you So he agreed he would swear before Sir George Treby and he did go accordingly but he being out of Town I cannot have the Affidavit to produse it There was a Letter sent last Saturday-night to Sir George to Bristol and I hoped he might have been here to day This was the first acquaintance I ever had with Haynes The next time I heard of him was upon this occasion Ivy comes to me in Richard's Coffee-House and said he yonder is the man that made that discovery which I told you before that Haynes had said to me it was about a month or three weeks before the Parliament was at Oxford After the Parliament was dissolved at Oxford Ivy comes to me and I think it was betwixt the two Terms wherein Fitz-Harris was Arraigned and Tried I know not the names of them but he comes to me and tells me he had been with my Lord Shaftsbury and that there was a friend of his that would confirm all that Fitz-Harris had discovered concerning the Murder of Sir Edmundbury Godfrey and says he my Lord of Shaftsbury hath sent me to you to acquaint you with it Where is your friend said I He is without said he So we went out of the Coffee-House and when we came out of doors there was this Haynes we went to the Crown-Tavern without Temple-Bar it was in the forenoon When we came there into the room he examined all the corners and cupboards and places about the room to see that no body was there When he thought all was secure he began to tell me he had been to acquaint my Lord Shaftsbury that there was a friend of his that would discover the whole Intrigue of the murder of Sir Edmundbury Godfrey all that Fitz-Harris had said and much more And he desired me that I would intreat my Lord Shaftsbury to be instrumental to get him his Pardon before he discover'd particularly Then I told him I think 't is convenient said I that you discover something in writing and give under your hand what you can say He was not willing to do that Can you believe said I that my Lord of Shaftsbury will betray you Says he I will not trust any body I shall be assassinated Said I if you will not give it to any body else will you give it to Mr. Michael Godfrey Sir Edmundbury Godfrey's Brother you can have no jealousie of Him that He will ever discover you said he if my Lord Shaftsbury will engage to get me a Pardon I will tell the whole truth said I I will go to my Lord and acquaint him so I went to both my Lord and Mr. Godfrey and Sir Edmundbury Godfrey's two Brothers both met me at my Lord of Shaftsbury's House This is the thing that he tells me he would have me get my Lord's Protection and a Pardon for Treason But the real truth is He sent me upon this errand so I came to my Lord Shaftsbury and the two Mr. Godfreys were in the room and after I had told my Lord what discourse I had with Him says my Lord Colledge these Irish-men have confounded all our business and thou and I must have a care they do not put a trick upon us this may be a trick of the Papists to ruine us and if they have such a design 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 only been an Honest man but a 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 only 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
hope a Turn-coat Rogue He was for the Plot whilst he was a puisne Judge but now he is Chief Justice he is the greatest Rogue in the world He is like one of the Pensioners in the long Parliament So one day I went along with Mrs. Fitz-Harris and Mr. Ivy and he sent a man to me and desired me to come to the Hog in Armor thither we came and met him and went to his Lodgings and there we dined Then they made some persons of Honour believe that I was a person so and so qualified and was brim full of the Plot and he would put me upon charging the King with the firing of London and the murder of Sir Edmondbury Godfrey and said he such and such Lords shall live and die by you and besides said he you need not fear England shall espouse your Cause But said I the Law is like the Spiders Web that catches the little Flies but the great Flies run through the Net and make their escape so 't is with these Lords they put you and me on the danger of acting and when they get off by interest a Jury of Twelve men will hang us by the Neck and so I should perish whilst others triumphed and only be a martyr for the Phanaticks So in discourse we were talking of the Libel of Fitz-Harris The Devil take me said he every individual word is as true as God is in Heaven and said he if you do not joyn with Fitz-Harris in his Evidence and charge the King home you are the basest fellow in the world for he makes you slaves and beggars and would make all the world so and 't is a kind of charity to charge him home that we may be rid of such a Tyrant Mr. Serj. jeff. Mr. Colledge if you will ask him any Questions you may Coll. Certainly my Lord the thing speaks it he is not to be talked withal Is it probable I should talk to an Irish-man that does not understand sense Haynes 'T is better to be an honest Irish-man than an English Rogue Mr. Serj. jeff. He does it but to put you into a heat don't be passionate with him Haynes No I am not I thank God he hath not put me into an heat Coll. Where was this discourse about superceding your Warrant Haynes At London Coll. When Haynes It was before the Parliament sate at Oxon. Coll. How long Haynes I can't tell positively to an hour or a day Coll. What month as near as you can Haynes It was in the month of March. Coll. Had you ever seen me before Haynes Can you deny that Coll. I ask you whether you have or no Haynes Yes I have seen you in the Coffee-Houses bawling against the Government L. c. j. Were you an intimate acquaintance of his before March last Haynes No intimate acquaintance Coll. Then this is the first time you discoursed with me Haynes Oh no my Lord. One and I fell out at the Queens-Head Tavern at Temple-Bar and he set me upon the business and John Macnamarra and others and truly I did the business for him For we fell out and did box and our Swords were taken from us and I went to John Macnamarra and told him yonder is such a man at such a place now you may seize upon him Coll. What man was that Haynes One Richard Ponre Coll. He belonged to my Lord Tyrone I think there were Warrants to take him Do you say I set you upon that Haynes Yes you were with me the night before and Captain Browne and they gave us a Signal a blue Ribband to distinguish that we were Protestants from the Bishops men L. c. j. When were you to make use of it Haynes When the King was seized Mr. Ser. Jeff. Well go on have you any more Haynes But my Lord further after he came from Oxon. I met him and said I Where are now all your cracks and brags now you see the King hath made a fool of you now you know not what you would have done Says he what would you have us do We have not done with him yet For said he no servant no man living did know whether he would Dissolve the Parliament that day I was that very nick of time at the Lobby of the Lords-House and there was a man came in with a Gown under his arm and every one looked upon him to be a Taylor and no body did suspect no not his intimatest Friends except it were Fitz-Gerald that he would Dissolve the Parliament that day but presently he puts on his Robes and sends away for the House of Commons and when he had Dissolved them before ever the House could get down he took Coach and went away otherwise the Parliament had been too hard for him for there was never a Parliament-man but had divers armed men to wait on him and I had my Blunderbuss and my man to wait upon me But well said he there is a God above will rule all Mr. Att. Gen. Call Mr. Turbervile Coll. Hold Sir I desire to ask him some questions You say the first time that I saw you you had this discourse with me Haynes Do not use Tautologies 't is not the first time I have been examined I know how to speak as well as you Coll. Answer my Question Sir Haynes You know it was after I had made Affidavit before the Recorder of London a copy of which was carried to that Noble-man And you came from him and returned me his thanks and told me it was the best service I could do him I would not trouble the Court with circumstantial things and you cold me I should be gratified not only in my own property but a reward for me and my heirs for ever Mr. Att. Gen. For what Haynes I made Affidavit before the Recorder of London Colledge About what Haynes Concerning one Fitz-Gerald Mr. Att. Gen. Is it to this matter Haynes No nothing at all L. c. j. Let him ask any questions what he will Coll. I ask when it was the first time you were acquainted with me so much as to know me well Haynes As to the first time of intimacy here is Macnamarra will take his corporal Oath that I was as well acquainted with him as any one in the World Coll. Pray answer me Sir When was the first time I talked to you Haynes The first intimate acquaintance we had was when you put me upon the design about Fitz-Gerald Colledge Pray Sir you go too fast already as you are still gallopping where was this discourse about his Majesty Haynes I told you before Coll. What was it Haynes I went to you after the Affidavit was made and told you there was a Warrant out after me and desired you to go to That Noble-man and desire his advice what I might do or whether I might supersede the Warrant You told me you could do nothing without advice and you would go and advise with That Noble-man Colledge My Lord here is Mr. Turbervile