Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

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

〈◊〉 ARRAIGNMENT TRYAL And CONDEMNATION of STEPHEN COLLEDGE FOR high-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 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

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

into such hands as the Court may have command over they shall be in the Sheriffs Sons hands and you shall have the immediate use of them Coll. If there be any thing else in those papers necessary for my Defence I pray I may have it L. c. j. The Speech is not fit for you what other papers would you have Coll. Another paper there is that is something of Law Mr. Just Jones Nothing but libellous and what is a scandal to the Government Mr. Att. Gen. You are to have nothing of matter of Law but what you are to propose your self Coll. If you take away all my helps I cannot propose any thing Mr. Serj. jeff. To allow you those papers is to allow you councel by a side Wind. L. c. j. Look you the papers of instructions shall be delivered to the Sheriffs Son who shall let you peruse it in this interval and make use of it in your Tryal but it must be in safe custody to be used upon further occasion as the Kings Attorney shall think fit Then the Court adjourn'd till 2 in the Afternoon Post meridiem At 2 a clock the Court returned and Proclamation was made for attendance and for the Under-Sheriff to return his Jury Coll. My Lord ought not I to have a copy of this Jury L. Ch. Just No they are to look upon you as they come to be sworn and then you are to challenge them Cl. of cr Stephen Colledge hold up thy hand and hearken to the Court those good men that you shall hear called and personally appear are to pass c. Colledge Pray Sir let the way be clear that I may see them Cl. of cr Ay Ay. Coll. Pray Sir how many are there of the Jury that appear Mr. Att. Gen. There are enough Cl. of cr Make Proclamation for Information which was done Cl. of cr Henry Standard who was Sworn Richard Croke who was challenged by the Prisoner William Bigg challenged Mr. just jones Do you challenge him peremptorily or with cause L. c. j. If he do not shew cause it must be supposed it is peremptory Colledge I suppose he was upon the Grand-Jury L. c. j. That would be a challenge with cause Mr. Bigg No I was not Coll. Then I do not challenge him I know him not He was Sworn Cl. of Cr. Thomas Marsh challenged Thomas Martin did not appear Gabriel Merry being almost a hundred years of age was excused Robert Bird Sworn John Shorter Sworn William Windlow Sworn Edward Ayres challenged William Ayres challenged And Richard Ayres challenged Charles Hobbs Sworn Roger Browne Sworn Timothy Doyley Sworn Richard Dutton challenged Ralph Wallis Sworn John Nash challenged John Benson Sworn John Piercy Sworn William We●● challenged And John Lawrence Sworn Then they were counted and their Names in Order thus Henry Standard William Bigg Robert Bird John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph Wallis John Benson John Piercy John Lawrence L. c. j. Mr. Sheriff there are a great many of the Jury that are not Sworn they are discharged let them go out of the Court and so you will make room for the Witnesses Cl. of cr Gentlemen you of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the name of Stephen Colledge late of Oxford in the County of Oxford Carpenter for that he as a false Traytor c. proved in the Indictment mutatis mutandis and upon this Indictment he hath been Arraigned c. Mr. North. May it please your Lordship and you Gentlemen that are Sworn this is an Indictment against Stephen Colledge the Prisoner at the Bar for an endeavour to raise a Rebellion within this Kingdom wherein he is accused and the Jury find that he as a false Traytor against the Kings Majesty contrary to the duty of his Allegiance on the 10th of March in the 33d year of the Kings Reign at Oxon. here did trayterously conspire and compass the death of the King and the Subversion of the Government and to raise a Rebellion in the Kingdom and to slaughter his Majesties Subjects to put the King to death to levy War against him and to deprive him of his Royal State and Government and to alter the Government at his own Will and Pleasure and to accomplish this he did at Oxon. here prepare Arms for the carrying on the War and excited one Edward Turbervile and others to arm themselves against the accomplishment of this Design and did declare his purpose was to seise the Kings person at Oxon. and that he was one of those that was to do it and to bring the said Turbervile and other Subjects to his purpose did falsly maliciously and traiterously declare in their Hearing that there was no good to be expected from the King that he minded nothing but the Destruction of his people and Arbitrary Government and to introduce Popery And this is laid to be against the Duty of his Allegiance against the Kings peace and against the form of the Statutes in those cases made and provided The Prisoner you hear upon his Arraignment hath pleaded Not guilty which Issue you are to try and if the Evidence for the King which are ready to be produced prove that which is laid to his charge you are to find it accordingly Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar stands indicted of a very high crime no less then High Treason and that too of the deepest dye it is for an Endeavour to destroy the King to subvert the Government to raise a Rebellion amongst the Kings Subjects And Gentlemen those Instances that we shall give you and produce our Evidence to for the proof of that are these He laid his Design to seise the King at Oxon. and he did not want his Accomplices to do it but they were not men Gentlemen that were Protestants but men that were Rebels in the late War they were men of such a kidney that he associated himself with and these were the persons that were to assist in this Attempt In order to this he had prepared Arms in an extraordinary manner Arms of a great value for one of his condition who is by Trade a Joyner for if a true estimate were taken of the value of the Arms I believe they were worth twice his whole Estate he prepared a good Horse extraordinary Pistols a Carbine a Coat of Maile an Head-piece and so being armed Cap-a-pee with that design he came hither to Oxon. And you will judge whether these be fit Tools for a Joyner Colledge I beseech you Sir have you any body to prove this if you have not you do hurt to the Jury as well as me to speak it Lo. Ch. Just Be patient Mr. Colledge and let Mr. Attorney go on to open the Charge I will tell you and the Jury too that what he says further then he makes good by proof and Witnesses will serve for