Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	swear_v	2,584	5	8.7846	4	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

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

to me and tell me there was a noise of your being an Evidence it was in time just before my Lord Shaftsbury was taken up Mr. Dugdale I never spoke to you till you spake to me Dr. Oates My Lord He came and said to me There is a noise of my being an Evidence now I had not heard it then but the day after I did hear it and I did justifie Mr. Dugdale because he had said to me that he had nothing against any Protestant in England So I did stand up in vindication of him but my Lord after he had sworn at the Old Baily I met him again and pressed him for the money and urged him with it why he had sworn against Colledge when he had told me so and so before and he said it was all long of Colonel Warcup for he could not get his money else and Colonel Warcup did promise he should have a place at the Custom-House Mr. Dugdale Upon the Oath I have taken and as I hope for Salvation it is not true Mr. Serj. Jeff. Here is Dugdale's Oath against Dr. Oats's saying Dr. Oates Mr. Serjeant you shall hear of this in another place Mr. Att. Gen. 'T is an unhappy thing that Dr. Oates should come in against these men that supported his Evidence before Mr. Dugd. My Lord I say further if any Doctor will come forth and say he cured me of a Clap or any such thing I will stand guilty of all that is imputed to me L. c. j. Mr. Colledge will you call any other Witnesses Coll. My Lord I think this is not fair dealing with a man for his Life because these men be upon their Oaths and deny the things again that my Witnesses prove therefore what they swear must needs be taken for truth but if my Witness comes and says such a thing upon the word of a Minister and in the presence of God and which he is ready to maintain by an Oath sure it is not to stand for nothing nor he to be hooted out of Court because Mr. Dugdale denies it upon his Oath I do suppose he will not acknowledge it But my Lord I am the Prisoner and cannot be heard as a Witness for my self but God is my Witness he hath said a great deal more to me formerly and he hath told me when I have seen him with Warcup and asked him why he kept company with Warcup and others said he I know they are suspected men but I must keep company with them to get my money what would you have me do starve And when I lent him money out of my pocket and trusted him with my Horse I dunn'd him for money and could not get it said I will you pay me the 5 l. I lent you he put me off said he I shall have it for the Attorney General hath made up his Accompts and he is very kind to me why then said I why have you it not said he he is my Friend and I do not question the getting of it but here is new work to be done such work as my conscience will not serve me to do there is more Roguery they will never have done plotting and counterplotting but they will make a thousand Plots if they can to destroy the real one L. c. j. Can you prove this now Coll. No it was spoken to my self and no body was by but my self L. c. j. Then you should not speak it But you asked the question whether a man may not be believed upon his word as well as he that is upon his Oath Your Witnesses are not upon their Oaths but they may be Witnesses and their weight is to be left with the Jury they will consider how improbable it is that these men should come three men to one man and all of them should speak that which would make themselves Rogues and Villains and that one man of them Smith should say such words as God damn him he would have his blood and God damn the Gospel that Dugdale should confess he was wrought upon by Warcup to testifie against his Conscience and that Turbervile should say to that purpose He would not starve they have sworn the contrary and so there are all these three mens Oaths against one mans Affirmation but it must be left to the Jury Coll. There is his Affirmation against what they three say He charges every one of them and 't is but the single denial of every one of them to his Charge L. c. j. 'T is improbable they should own themselves such Villains to him Dr. Oates They must be so if they will do what they have undertaken I hope my Word will be believed as soon as their Oaths Coll. It is not to be thought but when they have sworn so against me they will deny any such thing when they are charged with it L. c. j. Have you done with your Witnesses Or will you call any more Coll. What is said upon an honest mans word in the face of a Court is certainly to be believed as well as what is sworn L. c. j. 'T is a Testimony that is most certain and must be left to the Jury they must weigh one against the other But pray Mr. Colledge will you call your Witnesses for it begins to grow late Coll. There is Mr. Wilmore that was a material Witness for me who was Foreman of the Grand Jury that would not find the Bill upon this Evidence What he had to say I don't know but I am informed it was very material for me L. c. j. It will be enough for him to clear himself for he is charged with High Treason and by two Witnesses too Colledge Call Alexander Blake Lo. ch just What do you ask him Colledge Do you know John Smith Mr. Blake Yes Sir Coll. Pray will you tell the Court what you know of John Smith Mr. Blake I suppose you mean this Gentleman Mr. John Smith Gent. came to me one morning and told me there was one Haynes under Examination and Haynes had discovered very material things against some great persons this passed and within few days after I met Mr. Smith at the Exchange Coffee-House and having saluted him I desired him to drink a glass of Wine and so we went to the Sun Tavern and when we were there I asked him what his sense was of Haynes and his Discovery Said he 't is a Sham Plot I asked him what he meant by that Sham Plot Said he 't is a meal-tub Plot. This is all that I know L. c. j. Would you ask him any thing else Mr. Blake I know nothing more Coll. Do you know any thing of Turbervill or Dugdale Mr. Blake Sir I have no acquaintance with him nor desire it But I was acquainted with this Gent. Mr. Smith I know him very well Mr. Ser. Jeff. You say well stand down Colledge Call Mr. Samuel Smith L. ch just What ask you him Colledge What he knows of Mr. Smith Mr. S. Smith Mr. John

tho' he had said never a word so you see what a kind of Witness he is And Dr. Oates's Brother did say that I did go along with Dr. Oates and offered to be one of his Guard and I did so and went along with them but Mr. Smith he came after And as to what he says he is sufficiently confuted that is about the going into Cabals after Dinner for it is proved that I fell asleep behind the Table and Dr. Oates was discoursing with Mr. Savage upon points of Divinity but I took no notice of it neither did I see Smith any more but he went away and so did the rest of the company But my Lord when Haynes was taken Smith comes to me that day to my House at the Ditch-side and sends in a man for me his man I was writing in my Parlour and drawing the Design for Wainscoting Alhallows Church a Platform for it his man told me His Master would speak with me and Haynes was taken that morning But as I understand since it was by agreement and his own consent tho' he hath pretended otherwise You hear says he Haynes is taken Yes says I I do he hath been ever since 9 a clock before the Secretary upon examination and he was till 5 a clock at night examining said he I believe he confesses a great deal Said I of what Said he of some design of the Protestants Said I what against the Government I do not know what they may affright him into He is a great Rogue if it be true all that he hath said of himself He says he was concerned in the Fire of London and knew of a design to destroy the Protestants then of a Rebellion that was to be in Ireland of Plunket's being made Primate and a great many of those things So that if he speaks truth he hath been a great Rogue and as he hath pretended also he was a great coward So then I believe he may say any thing to excuse himself Says Mr. Smith I wish you are safe This was the very night before I was taken Mr. just jones Have you proved any thing of this Coll. My Lord Pray give me leave to tell you what is proof Mr. just jones You are not to repeat this unless you prove it Sir Coll. He spake cautiously to me as if he would have intimated to me he would have had me run away Said he I believe you are not safe I would have you take care of your self for you were concerned with him Now my Lord if I had been a guilty person I had time enough to get away and to prove this I can only say this was betwixt him and I. But my Lord you hear Dr. Oates says that this very Smith did swear he would hare my blood and that was upon this occasion of my vindicating Sampson whom he had struck and abused and I asked why he did it Said he I value no mans life if he affront me if 't is any man in England I value him not My Lord upon this occasion the words rise between us and when he came out of doors and was going away Dr. Oates said He swore he would have my blood and that was the occasion of his speaking that Blasphemy L. c. j. Dr. Oates did say so Mr. just Levins Well you are right now if you will go on in that way Colledge My Lord this is for Smith and Haynes that Haynes should say it was a good Trade and dam him he would swear any thing for money and that Smith should swear dam him he would have my blood I cannot sum up the rest of them for I have not them here Mr. just jones There is Turbervile and Dugdale and Smith we will help you as to the persons Mr. just Levins Pray keep to the business and do not run out Colledge Pray my Lord I have one thing to say about Smith He says I shewed him my Arms which I have had for any time almost these three years ever since the Plot brake out I have been armed ready to oppose the Papists and I did my duty in the City in person in the Trained-Bands but Smith says these Arms were to destroy the Kings Guards but he does not prove that I was confederate with any other person but instead of that there were other persons that say with his own mouth that he did not believe there was any Protestant Plot nay he did believe I said it only in wantonness This is all then how probable was it that I my self should seize the King or destroy his Guards Mr. just jones You remember Captain Brown Captain Chuton and Don Lewes Mr. Colledge Coll. Did he swear they were all in my company at Oxon. Mr. just jones Yes Dugdale did Coll. My Lord Captain Brown and Lewes were friends to my Lord Howard with whom and other company I came down to Oxon. and they lay with me at the Chequer and they were in my company because they were Guests in the House and we came along together but he does not say they were either of them armed more than my self nor was he ever in company with us how then does he know we were in a conspiracy Mr. just jones Because you told him at London first that they were such persons Coll. I never saw Lewes in my days till I saw him that morning I came down from Oxon. and Brown I was not acquainted with a fortnight before This is a truth but however they have sworn a Plot upon me at Oxon. and then come and prove I declared these were the men and spoke such and such words at London I desire your Lordships Judgment in this matter of Law whether what be done at London can be sufficient matter of proof in Law to maintain an Indictment against me at Oxon. And if not they do not prove legally that I have spoken such words Besides I conceive 't is not a good proof because there is but one Witness L. c. j. Yes look you there are two Witnesses Dugdale and Turbervile as to what you said at Oxon. and two Witnesses as to what you said at London Haynes and Smith who testifie what you said you would do at Oxon. Now in case you came to Oxon. with any such intention that coming to Oxford is an Overt-act and the Witnesses that speak what you said in London is Evidence to maintain the Indictment here and to prove what your intention was Coll. Does that become an Overt-act if I go to Oxon. upon an honest occasion any other occasion though I had said these words before L. c. j. If you came with that intent to joy with others and with a real purpose to seize the King that is the Overt-act and the words before prove the intention Mr. just jones He declared it himself by his words Coll. Smith says that about a week after Wilcox's Dinner I discoursed with him at the Ditch side that comes not within the compass of the